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CCPC Agenda 10/07/2021 Collier County Planning Commission Page 1 Printed 10/1/2021 COLLIER COUNTY Collier County Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 October 7, 2021 9: 00 AM Edwin Fryer- Chairman Karen Homiak - Vice-Chair Karl Fry- Secretary Christopher Vernon Paul Shea, Environmental Joseph Schmitt, Environmental Robert Klucik, Jr. Thomas Eastman, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selecte d to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC 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. October 2021 Collier County Planning Commission Page 2 Printed 10/1/2021 1. Pledge of Allegiance 2. Roll Call by Secretary 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes A. September 2, 2021, CCPC Meeting Minutes 6. BCC Report - Recaps 7. Chairman's Report 8. Consent Agenda 9. Public Hearings A. Advertised 1. ***NOTE: This item has been Continued to the October 21, 2021 CCPC Meeting *** PL20210001270 AUIR/CIE 2021 - A Resolution relating to the Capital Improvement Element of the Collier County Growth Management Plan, Ordinance 89-05, as amended, providing for the annual update to the schedule of capital improvement projects, within the Capital Improvement Element of the Collier County Growth Management Plan based on the 2021 Annual Update and Inventory Report on public facilities (AUIR), and including updates to the 5-year schedule of capital projects contained within the Capital Improvement Element (for fiscal years 2022 – 2026) and the schedule of capital projects contained within the Capital Improvement Element for the future 5-year period (for fiscal years 2027 – 2031), providing for severability, and providing for an effective date. [Coordinator: Mike Bosi, Zoning Director] October 2021 Collier County Planning Commission Page 3 Printed 10/1/2021 2. PL20190002355 GMPA- Immokalee Road/4th Street N.E. Mixed Use Subdistrict - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan and the Rural Golden Gate Estates Future Land Use Map and Map Series to create the Immokalee Road/4th Street N.E. Mixed Use Subdistrict by changing the designation of the property from the Estates-Mixed Use District, Residential Estates Subdistrict to the Estates-Mixed Use District, Immokalee Road/4th Street N.E. Mixed Use Subdistrict, to allow uses permitted by right and conditional use in the General Commercial (C-4) Zoning District with a total maximum intensity of up to 150,000 square feet of gross floor area of development, and a maximum of 400 residential dwelling units, except public uses and group housing are not subject to the maximum gross floor area limitation; and furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is 50.18± acres and located on the northeast corner of the intersection of Immokalee Road and 4th Street N.E. in Section 22, Township 48 North, Range 27 East, Collier County, Florida. Adoption Hearing (Companion Item PL20190002356) [Coordinator: Josephine Medina, Principal Planner] 3. PL20190002356 PUDA, Randall Curve MPUD - 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 Randall Curve MPUD, to allow development of up to 400 dwelling units and 150,000 square feet of commercial development, except public uses and group housing are not subject to the maximum gross floor area limitations. The subject property is located on the northeast corner of Immokalee Road and 4th Street N.E., in Section 22, Township 48 South, Range 29 East, consisting of 50± acres; and by providing an effective date. (Companion Item PL20190002355 Immokalee Road Commercial Subdistrict GMPA and PL20190002354 Estates Shopping Center PUDA) [Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner] October 2021 Collier County Planning Commission Page 4 Printed 10/1/2021 4. PL20190002353 GMPA - Estates Shopping Center Subdistrict - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Estates Shopping Center Subdistrict of the Estates Commercial-District of the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan and Future Land Use Maps to add commercial, public, civic and institutional uses; add up to 12 residential dwelling units; reduce commercial square footage from 190,000 to 50,000 excluding some uses from the maximum square footage limitation; remove outdoor music prohibition; remove single commercial use and building size limitations; reduce setbacks and landscape buffer widths; and remove phasing and developer commitments; and furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is 41± acres and located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard, in Section 4, Township 49 South, Range 27 East, Collier County, Florida. Adoption Hearing (Companion to PL20190002354) [Coordinator: Josephine Medina, Principal Planner] 5. PL20190002354 - Estates Shopping Center PUDA - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2011- 30, The Estates Shopping Center Commercial Planned Unit Development (CPUD), as amended, by adding commercial, public, civic and institutional uses; add up to 12 residential dwelling units; reducing commercial square footage from 150,000 to 50,000 excluding some uses from the maximum square footage limitation; adding dormitories as an accessory use on Tract C; removing outdoor music prohibition; removing single commercial use and building size limitations; reducing setbacks and landscape buffer widths; removing phasing and developer commitments; and providing an effective date. The subject property is 41± acres and located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard, in Section 4, Township 49 South, Range 27 East, Collier County, Florida. (Companion to GMPA-PL20190002353) [Coordinator: Ray Bellows, Zoning Manager] B. Noticed 10. Old Business 11. New Business A. Election of Officers 12. Public Comment 13. Adjourn 10/07/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 5.A Item Summary: September 2, 2021, CCPC Meeting Minutes Meeting Date: 10/07/2021 Prepared by: Title: Operations Analyst – Planning Commission Name: Diane Lynch 09/16/2021 4:14 PM Submitted by: Title: – Zoning Name: Mike Bosi 09/16/2021 4:14 PM Approved By: Review: Planning Commission Diane Lynch Review item Completed 09/16/2021 4:14 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 09/16/2021 5:06 PM Zoning Mike Bosi Zoning Director Review Completed 09/16/2021 5:30 PM Growth Management Department James C French GMD Deputy Dept Head Completed 09/19/2021 10:43 AM Planning Commission Edwin Fryer Meeting Pending 10/07/2021 9:00 AM 5.A Packet Pg. 5 September 2, 2021 Page 1 of 34 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida September 2, 2021 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Edwin Fryer, Chairman Karen Homiak, Vice Chair Karl Fry Joe Schmitt Paul Shea Robert L. Klucik, Jr. Christopher T. Vernon Tom Eastman, Collier County School Board Representative ALSO PRESENT: Raymond V. Bellows, Zoning Manager Jeffrey Klatzkow, County Attorney Heidi Ashton-Cicko, Managing Assistant County Attorney 5.A.a Packet Pg. 6 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 2 of 34 P R O C E E D I N G S MR. BELLOWS: You have a live mic. CHAIRMAN FRYER: Thank you, sir. Good morning, all, and welcome to the September 2, 2021, meeting of the Collier County Planning Commission. I ask that everyone please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FRYER: Mr. Secretary, would you please call the roll for us, sir. COMMISSIONER FRY: Thank you, Mr. Chairman. Mr. Eastman? MR. EASTMAN: Here. COMMISSIONER FRY: Mr. Shea? COMMISSIONER SHEA: Here. COMMISSIONER FRY: Mr. Vernon? COMMISSIONER VERNON: Here. COMMISSIONER FRY: I'm here. Chairman Fryer? CHAIRMAN FRYER: Here. COMMISSIONER FRY: Vice Chair Homiak? COMMISSIONER HOMIAK: Here. COMMISSIONER FRY: Mr. Schmitt? COMMISSIONER SCHMITT: Here. COMMISSIONER FRY: Mr. Klucik? COMMISSIONER KLUCIK: Present. COMMISSIONER FRY: Mr. Chairman, we have a quorum of seven. CHAIRMAN FRYER: Thank you very much. Let's see. Addenda to the agenda, Mr. Bellows, do we have any? MR. BELLOWS: No changes to today's agenda. CHAIRMAN FRYER: Okay. Thank you. Planning Commission absences. Our next meeting is on September 16, 2021. Does anyone know if he or she will not be able to attend that meeting? (No response.) CHAIRMAN FRYER: All right. Since we have all seven, at least as of now, we think we're going to have a full house. Same question for October 7. Now, this was a meeting that we were going to have an evening meeting, but the evening meeting will not take place because we were not able to get a quorum. So I'm asking about the daytime portion. Anyone know whether he or she will not be in attendance for the daytime portion? COMMISSIONER VERNON: I will be -- Mr. Vernon will be out. CHAIRMAN FRYER: Mr. Vernon will be out. Commissioner Schmitt? COMMISSIONER SCHMITT: I will not be here either, at least I'd indicate. COMMISSIONER KLUCIK: What is the schedule? CHAIRMAN FRYER: This is October 7, and we're going to have a daytime meeting. We're not -- we're not trying to have an evening meeting as we had -- COMMISSIONER KLUCIK: So we haven't set up -- we haven't -- we don't have a time for the evening meeting yet? CHAIRMAN FRYER: We don't have a date for it. We're going to talk about that soon. MR. BOSI: That's on your agenda for the last item. CHAIRMAN FRYER: So it sounds like we may presume or hope that we will have five 5.A.a Packet Pg. 7 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 3 of 34 commissioners here for the October 7 daytime meeting. That's a good thing. Let's see. Approval of minutes, we have no minutes before us for action. BCC report/recaps, Mr. Bellows. MR. BELLOWS: For the record, Ray Bellows. The Board of County Commissioners did not meet since our last Planning Commission meeting. CHAIRMAN FRYER: Thank you, sir. MR. BELLOWS: No recap. CHAIRMAN FRYER: Thank you very much. Chairman's report, none today. Consent agenda, nothing on the consent agenda today. ***Public hearings, we have one public hearing coming before us today as an advertised matter, and it is PL20200002233, and it's the Shoppes at Santa Barbara PUDA. Chair recognizes Mr. Yovanovich. MR. YOVANOVICH: I think you have to do your -- CHAIRMAN FRYER: You're right. We sure do. MR. YOVANOVICH: -- disclosures first. CHAIRMAN FRYER: Thank you. All those -- and swear in witnesses, too. MR. YOVANOVICH: Yes, sir. CHAIRMAN FRYER: Thank you. Thank you very much for the reminder. All those wishing to testify in this matter, please rise, raise your hand, and be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Ex parte disclosures beginning with Mr. Eastman. MR. EASTMAN: I have a few. There's an elementary school near this project. So I had conversations with county staff, including Matt McLean, also Rich Yovanovich regarding an amendment to easement; it's a drainage easement associated with this property. And then on another issue for a pedestrian interconnect, county staff including Laura DeJohn. Again, e-mails and extensive phone conversations, Rich Yovanovich, and also representatives from the Legacy Apartments related to the pedestrian interconnect. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Staff material and site visit. CHAIRMAN FRYER: Commissioner Vernon? COMMISSIONER VERNON: No disclosures. COMMISSIONER FRY: Public record, e-mails. CHAIRMAN FRYER: Thank you. In my case, let's see, staff materials, meeting with staff, meeting with the applicant's counsel by telephone, and a site visit. COMMISSIONER HOMIAK: I spoke to Mr. Yovanovich. COMMISSIONER SCHMITT: I spoke to Mr. Yovanovich and Mr. Arnold. COMMISSIONER KLUCIK: Staff material, and I have a pre-meeting, like I always do with staff, to discuss items on our agenda. CHAIRMAN FRYER: Thank you. Mr. Yovanovich, I think we're now ready for you, sir. MR. YOVANOVICH: All righty. Thank you. Good morning. For the record, Rich Yovanovich on behalf of the applicant for the property. With me today is -- are several people. I have Lon Tabatchnick, is with the -- vice president of development with Altman Development. They are the contract purchaser for the property and the applicant. Mr. Arnold is on the phone if you have questions for him, and Mr. Banks is also on the phone if you have questions for him. Mike Delate, who's the civil engineer for the project, is here to address questions you may have regarding the engineering for the project. The property is a little over 18 acres. It's at the northeast corner of Davis Boulevard and Santa Barbara Boulevard. It's on your screen at this point. To our east is an existing apartment complex that is within the New Hope Ministries PUD, and to our north, as Mr. Eastman pointed 5.A.a Packet Pg. 8 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 4 of 34 out, is -- is it the Calusa Park? -- Elementary. MR. EASTMAN: Yeah. MR. YOVANOVICH: And then the smaller building that fronts on Davis is the county EMS station, and I believe the county is anticipating where those trees are, an affordable housing project is proposed to go through the process or may have already gone through the process on that portion of the property. On the right side of the screen is the little closer-up view of our adjoining property. And you can see -- let's see if I remember what Troy told me to do. One of the -- right up in this area right here is an existing -- is an existing -- I'm trying to erase and talk at the same time -- is an existing stub-out of a road for the New Hope Ministries PUD and a sidewalk. And Mr. Eastman -- and I'll discuss it a little bit later in our presentation -- requested that we stub out a sidewalk on our property at our northeast quadrant that could -- if we get an easement from the New Hope Ministries property, we could then physically connect that sidewalk to the existing sidewalk so children who would stay in our proposed project could either walk on Santa Barbara to get to Calusa Park Elementary or go the back way to the elementary school. So we have agreed to that condition, and I'll present that condition to you-all a little bit later in the presentation. The current zoning is a commercial PUD for 150,000 square feet of retail uses. What we're proposing to do is add residential as an option for development. If residential is, in fact -- Troy had me do this and now I can't undo it. CHAIRMAN FRYER: The yellow dot? MR. YOVANOVICH: Yeah, the yellow dot. I can't make it go away. Oh, "clear." How easy. So we're adding residential as an option to the development, and we're adding a trip cap to the project that would allow for a maximum amount of trips. That trip cap is based upon the existing commercial entitlements. The reality is if the residential is actually constructed -- and we're very committed to constructing the residential. We're in for a Site Development Plan review -- there'll be less traffic on the roadway system if this is approved. We're within an activity center and, as you all are aware, in activity centers the maximum density you can request is 16 units per acre. We're asking for 13.7 units per acre. So the density request is consistent with the existing Comprehensive Plan. We're adding development standards for the residential option. The height we're requesting is the same 60-foot height that's already allowed under the commercial option. Our intention is to build three-story to five-story product within this project consistent with the existing approved height. I'll briefly go over the master plan that's in front of you and show you what's anticipated height-wise. We're also committing to a minimum unit size of 750 square feet. We're retaining the ability to do the 150,000 square feet of retail. Because we haven't closed on the property yet, we cannot give up that existing development right on the property. We're adding the peak-hour trips of 550 peak-hour trips to the PUD. This PUD's older and didn't have that standard condition. This is the existing master plan that shows outparcels as well as, you know, a standard strip shopping center on the project -- on the property. Our master plan is a mixed-use master plan. In the lower left-hand corner there's an existing -- I think it's a 7-Eleven gas station. I know it was a gas station and convenience store. That is in the lower corner. That, obviously, will remain as part of the project. We're not acquiring that portion of the property. The conceptual master plan that is in the SDP stage, not -- this detail you don't normally see as part of a PUD, but since we're in, I wanted to go over it. The five-story buildings are along the eastern boundary where it should be this building, that building, and that building. The remaining are three stories. COMMISSIONER KLUCIK: The remaining are what? MR. YOVANOVICH: Three stories. Okay. So, again, we're staying within the 60-foot height 5.A.a Packet Pg. 9 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 5 of 34 that's already -- already allowed. So we talked about -- one of the staff conditions was providing the sidewalk connection. You can see on the visualizer -- I keep calling it the visualizer -- on your screen how these apartments right here connect at this point right here. I believe there's a gate that allows students or residents -- kids/children from this apartment complex to walk to Calusa Park Elementary. We would stub out to right about there and then physically connect if we were to get the easement from New Hope -- the owners of the New Hope property, so our students or children could also walk to the elementary school, and we've committed to doing that as part of this review process. Staff's recommending approval. We're -- they're recommending approval of all of our deviations. We're consistent with the Growth Management Plan. I want to put the language up on the visualizer. This has been reviewed by the County Attorney's Office. Heidi and I spent some time yesterday making sure that the language was clear and enforceable for purposes of both the interconnection for vehicular access as well as addressing the sidewalk. We've had -- MS. ASHTON-CICKO: Rich, that's not the correct text. MR. YOVANOVICH: It's not the right one? MS. ASHTON-CICKO: No. MR. YOVANOVICH: Then I have the wrong slide. Sorry about that. Oh, you know what -- that's weird. I know why that's the wrong text, because Mike brought me the version that was an older version. So I have the -- thanks, Heidi. I slid into my presentation the right language, not on the PowerPoint presentation. So we have -- we have worked through the language that would apply to the condition for the sidewalk connection. As well as providing the New Hope Ministry PUD the ability, should they want to extend their stubbed out road to further -- all the way to the west, which is Santa Barbara. So with that, we're requesting that the Planning Commission follow staff's recommendation and recommend approval to the Board of County Commissioners. And with that, we're available to answer any questions you may have regarding the project and the proposed change to the existing PUD. CHAIRMAN FRYER: Thank you. As of this moment, no one has -- correction. Commissioner Fry. COMMISSIONER FRY: I feel like I just buzzed in like on Jeopardy. COMMISSIONER VERNON: Under the wire. COMMISSIONER FRY: Rich, why a 750-square-foot minimum for these apartments? We always talk about young professionals, essential services people. Some of those people are single. Some of those people would live in studios. Some of those people would live in smaller one-bedrooms to save money. Just give us the background, why a 750-foot minimum? MR. YOVANOVICH: That has been the historic -- MR. KLATZKOW: That has been the Board of County Commissioners' historic cutoff point. You have to have some standard, or you have no standards at all. The standard was 750 feet. It's been that way for many, many years. COMMISSIONER FRY: Does anybody else find that counterproductive to our affordable housing? MR. KLATZKOW: I've got to tell you, once upon a time I got a small co-op in White Plains, New York. It was great. Then I had a kid, and the market crashed, and I couldn't get out of it. And it was a nightmare. So I understand the point that, well, these are small places but, you know, sometimes they can become almost a prison with life circumstances. In any event, that's been the Board's policy for as long as I can remember. CHAIRMAN FRYER: Commissioner Schmitt. COMMISSIONER SCHMITT: We've had this debate over and over the last several years. The most recent was the development that was proposed over off the East Trail over -- COMMISSIONER FRY: Courthouse Shadows, the apartments? COMMISSIONER SCHMITT: Yeah -- no, there was another one over there. 5.A.a Packet Pg. 10 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 6 of 34 COMMISSIONER HOMIAK: Thomasson. COMMISSIONER SCHMITT: Over off of Thomasson Drive. And we had a debate that went on for hours over that because they came in at, like, 400-and-something square feet or 40 -- yeah, 420 or 450. Same as what you said, a small studio apartment. But the -- we acquiesced, and the Board -- pretty much as Jeff said, that standard has been developed, and I don't think it's ever been deviated from. So I don't know -- is it in the LDC? I can't recall. MR. BOSI: No, it's not in the LDC. The small size that we allowed per the -- Mike Bosi, zoning director. The small size that we would allow per the LDC table in the RMF-12 and the RMF-16 zoning district, multifamily zoning districts. Those do allow 450-foot efficiency units to be developed within those two zoning categories. But I do agree that 750 has always been kind of the cutoff point in terms of for every PUD request that we've had, that's been the standard that's almost been accepted, but we do have an exception within the RMF-12 and 16 to allow for 450-foot square [sic] efficiency apartments. COMMISSIONER FRY: Thank you for the clarification. I appreciate it. Rich, you have two -- you have three five-story buildings. The two on the -- toward the north side, and they seem to be adjacent to open space. The southernmost is -- appears to be more lined up with that existing apartment complex to the east. MR. YOVANOVICH: Right. COMMISSIONER FRY: I'm just curious. Have you gotten pushback from them? Is there additional buffering provided, or is there no change because the already-approved project was 60 feet high and they would be looking at the rear of commercial buildings that were already 60 feet high? So just give me some background on that, please. MR. YOVANOVICH: We have not received any negative comments from the adjoining apartment complex owner. I think -- I'm pretty sure those are four-story product right there for their product, and the way our site lays out, you could see that it's -- our five-story is set back from what will be the county's drainage easement, our parking, and then our building height. And I don't think -- I don't think there's a compatibility issue with four-story product in the vicinity of five-story product. So that's why I'm assuming -- I'm assuming that they've looked at the master plan and site plan and said, that works and makes sense for us. And, yes, we're keeping with the same -- the same height that's already in the PUD. But we've had no formal comment from them. I'm just surmising based upon experience that that's probably the analysis they went through. COMMISSIONER FRY: Okay. I guess it sounds like the residential allowance, 242 units, 16 DUA overall, the entire acreage, but 13-point-some based on just what you're acquiring -- MR. YOVANOVICH: Correct. COMMISSIONER FRY: -- is being added to the existing 150,000 of commercial, although it's clearer that by putting in the residential you are foregoing most of that commercial with the exception, perhaps, of that outparcel -- MR. YOVANOVICH: Correct. COMMISSIONER FRY: That section that is reserved for outparcels would be a few -- you know, 20- or 30,000 square feet of commercial, maybe. Why keep the 150,000 in the PUD rather than reduce it, since you're clearly pursuing the residential? MR. YOVANOVICH: The reason I can't is I don't own the property. There is the risk -- there is the risk -- if I'm the seller, there's a risk we don't close. The way we've handled that is in this case and pretty much every other case where we're adding residential, we keep the trip cap that exists for the existing commercial to make it very clear it's not an add-on from a traffic standpoint. So we live with the trip cap. I don't own the property. I cannot take away existing rights because if something happens between now and scheduled closing, my client doesn't buy the property, now the seller is stuck with our apartment complex and less office and retail. COMMISSIONER FRY: So it is an either/or as long as they don't combine to more than the existing approved trip count? 5.A.a Packet Pg. 11 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 7 of 34 MR. YOVANOVICH: It's -- COMMISSIONER FRY: It's an "either" and "or." MR. YOVANOVICH: It's and/or -- COMMISSIONER FRY: And/or. MR. YOVANOVICH: -- but it can't exceed the existing trip cap. And as you can see, we're pretty far along in this process for it to be the 242 apartments together with some outparcels related to commercial. COMMISSIONER FRY: Thank you. CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER SHEA: Actually, those were my first two questions -- CHAIRMAN FRYER: All right. COMMISSIONER SHEA: -- but I have other questions. CHAIRMAN FRYER: Go right ahead. COMMISSIONER SHEA: If we don't approve this, what can you build there; just the commercial? MR. YOVANOVICH: We would build a 150,000 square foot shopping center with outparcels. COMMISSIONER SHEA: And what are the requirements in activity center in terms of residential? MR. YOVANOVICH: The maximum you can ask for in an activity center is 16 units an acre. COMMISSIONER SHEA: So you can put that dense of a unit [sic]. And there's no affordable housing package coming along with this, right? MR. YOVANOVICH: That's correct. And what was intended for activity centers was that they would be mixed use which would include residential and office; however, historically they've been developed as office and retail and commercial uses. They've -- very few of the activity centers have actually developed as mixed use. You're seeing more that, you know, the trend is changing as we've developed further in Collier County. So now you're getting to what was originally intended for these activity centers, which was to be a mixture of office and retail. COMMISSIONER SHEA: But this is not going to be a -- well, I guess it could be a mixture. You could decide ultimately to, as you were saying, put less residential and some commercial in there if we approve this. MR. YOVANOVICH: There are going to be -- I'm sorry. I didn't mean to interrupt you, Mr. Shea. But if you look out -- if you look, we have, in this area right here, I don't know -- those are -- those are future outparcels. So there will be some commercial in that quadrant, and you already have the 7-Eleven in this area here that is also able to be expanded with further. So this is going to be a mixed-use project. COMMISSIONER SHEA: Okay. MR. YOVANOVICH: It's going to have -- it's going to have commercial as well as residential. COMMISSIONER SHEA: So that parcel will remain in the commercial. You're only changing -- MR. YOVANOVICH: Well, it's mixed use. Remember -- let me go back, make sure we're on the right way. Under the comp plan -- I'm sorry. Under the master plan, we have a mixed-use tract for everything we're acquiring. But as I just showed you the site plan, there are -- there is a portion in this vicinity right here and in this area right here that will have retail, office, or a combination of those two as part of the project. COMMISSIONER SHEA: That's all the questions. CHAIRMAN FRYER: Commissioner Fry. COMMISSIONER FRY: Just a couple follow-ups, Rich. Can you estimate the square footage of commercial that might go into that section of outparcel space? MR. YOVANOVICH: Let me ask Lon if we've guesstimated that yet. The current plan, obviously, subject to, you know, change, is this area right here is probably going to be a childcare learning center. That's who they're currently talking to putting on that site, and 5.A.a Packet Pg. 12 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 8 of 34 then there's, under the existing, it could be an expansion of the existing 7-Eleven and related services, that typical gas station convenience stores provide. It could include, you know, a car wash as part of that or more pumps. But that's the current plan along Davis. COMMISSIONER FRY: Childcare is part of the approved list of uses for the existing commercial? MR. YOVANOVICH: Yes, yes, yes. COMMISSIONER FRY: Just -- last question, which I want to -- I'll be asking staff a follow-up question. What led to the decision to pursue residential rather than commercial? Was it a decision -- an analysis that commercial wasn't needed but residential was? MR. YOVANOVICH: Well, there's -- there is still a tremendous amount of desire for rental apartments in Collier County. So that's -- that is a big market right now. It's underserved. And so the answer is, yes, residential is -- is the driver for this because of demand for residential. Someday this will get -- if it doesn't get approved, you'll -- it's approved for commercial, it will happen. But right now there's still a demand. I mean, how many -- I can't remember how many apartment complexes I've brought forward in the last few years, and we'll bring more because there's the -- there's -- for whatever reason, the market really has taken to rental versus home ownership. And as you know, the rental market prices for these apartments is -- is a mortgage payment or more for -- so it's not cheap rents. COMMISSIONER FRY: Thank you. CHAIRMAN FRYER: No one else is signaling at this point. Any other commissioners have questions? (No response.) CHAIRMAN FRYER: If not, Mr. Yovanovich, are you resting? MR. YOVANOVICH: I am resting. CHAIRMAN FRYER: Okay. Thank you. We'll ask staff for its presentation then, please. MR. BELLOWS: Yes. For the record, Ray Bellows. I'm presenting this petition working in conjunction with Laura DeJohn, our project manager. This is an amendment to an existing commercial PUD to add residential uses as the applicant has indicated. We're amending Ordinance No. 89-62, and the addition of residential uses will convert this from a commercial PUD to a mixed-use PUD. The Comprehensive Plan review indicates that the Future Land Use Element and the Transportation Element and the Coastal Construction Element are all satisfied. This project is consistent with those elements of the Comprehensive Plan. Compatibility analysis indicates that this project, as designed and proposed, is compatible with the surrounding development and development standards allowed in other zoning districts nearby. The staff is recommending two conditions of approval, one of which -- Condition 2 has been satisfied with the revised language that was put on your visualizer earlier today. And I'll be happy to answer any questions. CHAIRMAN FRYER: Commissioner -- Mr. Eastman. MR. EASTMAN: My question relates to the revised language, and it just relates to the width of the driveway access easement, the language from the e-mail. Was that 30 feet or 60 feet? And it's just a clarification question to make sure that we've got the width of that correct. MR. YOVANOVICH: Mr. Eastman, as you know, there is -- as part of the Board approval, there is going to be a revision to -- and you're reviewing it, there's an existing drainage and access easement on the property. The drainage is along the eastern boundary, and the access is along the northern boundary. The access easement is being reduced to 30 feet. So the 30 feet is the accurate width of the access easement, and we're actually increasing the drainage easement width from 12 feet to 40 feet to accommodate the county's drainage for the property north, which included their fire station, their proposed affordable housing, and accommodate the Calusa Park Elementary School drainage. So that's why the drainage and access easement is being modified to accommodate the county's use of 5.A.a Packet Pg. 13 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 9 of 34 the drainage easement. CHAIRMAN FRYER: Anything else, Mr. Eastman? MR. EASTMAN: No. CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER SHEA: Just for staff, I mean, I asked some basic questions of Mr. Yovanovich on what he could put there, activity centers. I'm assuming you agree with his answers. MR. BOSI: The -- since 1989, the Collier County Growth Management Plan has adopted the concepts of activity centers, and activity centers were designed for the highest intensity of uses within the county at the intersection of major roadways. And the vision for those activity centers has always been mixed use, has always been an arrangement of commercial and residential. For about 25 years, the only thing that we received within our activity centers were commercial because that was the demand. That's where the market action was at. Over the last five years, you're starting to see a transition to our activity centers being fulfilled of the original design of a mix of residential and commercial and why that is important and why that has value from a planning standpoint and why we promote 16 units per acre in the activity centers, higher than any other areas within the county, is because when you have a higher density, your product is normally going to be smaller of size and, therefore, the prices, even though they're high compared to the other markets, compared to single-family home ownerships, they're normally much more affordable. So what we want to do is place those opportunities for residential units where there's goods and services that are widely available, where there are economic employment opportunities that are available and, plus, at the distribution of these activity centers at the cross-sections of major roads, they're easily distributed to other portions within the county for employment, goods, and services. So this -- this product is what the -- from a planning standpoint, from the Planning Department, from our Growth Management Plan, is what we want to see, because this is where our intensity is supposed to be allocated. And that 13 units per acre or 16 units per acre, the size of the units are going to bring those prices down somewhat more affordable for a working-class individual. And the more that we're able to add to our activity centers, the better we're able to positively affect our transportation system without the expenditure of capital of expanding our road systems. So when staff reviews this proposal, we want to make sure that it adheres to the regulations, but we want to also let the Planning Commission and the Board of County Commissioners know these are the type of projects we've been anticipating since 1989, and the market's now starting to find the -- is starting to find that there is value within this addition. And one final thought: A lot of the individuals on this Planning Commission probably wasn't -- weren't around when the ULI did their affordable housing study. The conclusion -- one of the main conclusions of that study, it not only was increase the density within activity centers -- and you're going to see a Growth Management Plan amendment that's been initiated from the housing plan that's associated with that later on within this year or within next year that increase those units, but the most -- one of the most startling facts of the housing plan was every day this county imports 45,000 people to fill the jobs that are created by the demand within this county. Think about the impact that has upon your transportation system. And if we're able to chip away at any of those -- those individuals from outside our market coming in, we're able to affect positively the transportation system in ways that not only is positive from a capital standpoint, but think about how the effect is on the individual's life if you're not spending an hour and a half back and forth from your commute but -- and you cut that -- you give them back an hour. That's significant. That affects people's daily lives. And so these are the types of projects that we are happy to promote and we're happy to see that the market's responding to. So, yes, we agree. COMMISSIONER FRY: I'm sorry. I just want to jump in. That -- that conclusion only holds true if the price for these units that you're putting in the activity centers is commensurate with what those 45,000 people are paying. It has to be affordable for them to make the move down here. 5.A.a Packet Pg. 14 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 10 of 34 It's nice to have the supply, but if the rents are sky high and they still have to live in Estero or Fort Myers and travel down here, then that -- it won't hold true. MR. BOSI: That's where supply and demand's on your side. If you add more supply, then it starts to satisfy that demand and the -- and the prices are correlated to that. Because currently there is an imbalance, and with each one of these projects that we're able to move, we're able to affect that. Will we ever be able to 100 percent satisfy it? No. But if -- each increment of improvement is an improvement, and hopefully the market rents reflect that. COMMISSIONER FRY: Sorry to interrupt. COMMISSIONER SHEA: I have one other question. Thank you. That was a very good description. Much needed by somebody like me. So thank you. CHAIRMAN FRYER: Commissioner, is it related to the last? Because I'd like to add a related question if you're going to change subjects. COMMISSIONER SHEA: I'm going to change subjects, so go ahead. CHAIRMAN FRYER: May I? Thank you. With respect to this Mixed-use Activity Center 6, I drove by it, and there's not a heck of a lot going on there at present, and also to the south, then -- I don't know if I'm pronouncing it right -- the Taormina Reserve MPUD was created by an ordinance in 2009, and the land is still lying fallow. Is there any -- and this doesn't reflect negatively on the current application, but just for my general background and with respect to this activity center, is there anything planned for that MPUD to the south? MR. BOSI: Well, what's -- the MPUD is currently approved for -- I'm not sure the exact, but over 100,000 square feet of commercial as well as residential use. It is a true mixed-use PUD. But when the market's going to respond to that is -- is out of staff's, you know, purview. CHAIRMAN FRYER: Understood, and obviously market conditions will dictate. My question was just to give me some more insight as to the activity center. Thank you for letting me jump in, Commissioner Shea. You have the floor. COMMISSIONER SHEA: This is actually a question for Commissioner [sic] Eastman. We're taking this from no residential to probably 100 percent residential, and I'm gathering that the school system in the area -- immediate area can handle that potential load? MR. EASTMAN: The school district has a history of trying to be able to meet all the demand. So we don't want to be seen as having to hold anyone back from development. So the answer is, yes, we have a Planning Department, and we build and have capacity that's ready to meet all the demand. And we've never had to stop anyone or have a moratorium or any type of governor on development in the county, because we plan well and we're ready for it. CHAIRMAN FRYER: Thank you. Commissioner Fry. COMMISSIONER FRY: So this question -- everything that comes before us, traffic is always a big issue. And so partially for our benefit but also for the folks that might be interested out in the audience in the public watching on TV, explain -- so this is a change from commercial to residential primarily. It should reduce the overall trip cap, but explain how the trips -- how and when the trips from this development and other developments actually factor into the traffic analysis. Obviously, this did not trip any traffic warnings; however, every time we have an issue, neighbors walk in and say the traffic's already terrible, now you're adding to it, you know, you're killing us. So just explain how this all fits together and works into the numbers. MR. BELLOWS: For the record, Ray Bellows. We do have Mike Sawyer with us. But just a quick response is the proposed amendment will not increase the site-generated trips. It will be less. The residential generates less. COMMISSIONER FRY: When will these trips actually be used in the calculations for future projects? Only after they have an approved Site Development Plan and begin construction, or is it already part of a trip bank? MR. BOSI: The way that -- the concurrency management system, at the zoning they would be reserved as background traffic. It's when they go through the Site Development Plan for their 5.A.a Packet Pg. 15 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 11 of 34 apartment complex, that's when the actual concurrency will be applied, and those trips are added to the overall mix of volume to the road segments in which they will affect. So it's recognized at zoning, and it's put into a background traffic calculation. But once it goes through and has an approved SDP, all those trips become part of the concurrency management system and are distributed on the road system appropriately. COMMISSIONER FRY: So the background traffic is the sum of approved projects that really have not been fully defined yet or are not under construction? MR. BOSI: Correct. We recognize that there are numbers of units that have not been developed from various PUDs, from various -- and just traditional zoning, and that traffic is -- is recognized, accounted for, but it's not accounted for that it's there today, but we do know that we have to account for it. So they do recognize it. It's part of the equation. It's just not a one-to-one equation when you deal with background traffic. COMMISSIONER FRY: But background traffic was part of the traffic analysis performed? MR. BOSI: Oh, absolutely. It's part of the -- it's always as part of formula that makes up how the calculation is in terms of volume-to-capacity availability. CHAIRMAN FRYER: The road segments in question, the one on Davis and the one on Santa Barbara, are not stressed at this point. They -- certainly there's going to be an increase in actual traffic on them because we're comparing to what could have been under current zoning. So there will be more traffic. But in each case it appears that the -- if you rely on the AUIR, that there will not -- this is not going to produce a deficiency or even a near deficiency. Here comes Trinity. COMMISSIONER FRY: And, in fact, it sounds like this will actually result in real life in a reduction of the total trips that might have been generated from this project. MR. BOSI: And this will be my last comment as the transportation planner, but as a rule of thumb, your residential in exchange for commercial, you're always going to see a reduction, because residential -- residential generates a certain amount of traffic. Commercial attracts a much higher level and, because of that, that's why it's always in that positive in that regard. CHAIRMAN FRYER: Ms. Scott? MS. SCOTT: Good morning. CHAIRMAN FRYER: Good morning to you. COMMISSIONER FRY: I didn't hear any music. MS. SCOTT: I know. Karl didn't know I was coming. Trinity Scott, Deputy Department Head, Growth Management Department. Actually, for this specific development, it is a vested development. Many years ago we had several developments that prepaid their impact fees, and they got a vesting determination. That was probably back when Mr. Schmitt was here. COMMISSIONER SCHMITT: Yep. MS. SCOTT: So these trips for this development are already accounted for in our trip banking system and have been in there for probably over a decade. COMMISSIONER SCHMITT: And they already paid a portion of their impact fees. MS. SCOTT: Correct, to get that vesting. COMMISSIONER FRY: Thank you. CHAIRMAN FRYER: Thank you. And no one else is signaling at this time. Any other questions for staff? (No response.) CHAIRMAN FRYER: All right. Staff, anything further? MR. BOSI: No further. Thank you, Chair. CHAIRMAN FRYER: Okay. It's time, then, to ask if there are any registered speakers. Mr. Youngblood. MR. YOUNGBLOOD: Mr. Chairman, I only see one registered speaker, James Banks. He is online. 5.A.a Packet Pg. 16 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 12 of 34 CHAIRMAN FRYER: He's our traffic -- he's the traffic advocate. MR. YOUNGBLOOD: Okay. That's what I figured. Then I don't have any other registered speakers. CHAIRMAN FRYER: Okay. Anyone in this room who is not registered but wishes to be heard in this matter, now would be the time. Yes. Sir, have you been sworn in? MR. ANDERSON: Yes. CHAIRMAN FRYER: Okay. Come to the podium, state your name, and let us know what's on your mind. MR. ANDERSON: Yes. I'm Roy Anderson, live in Countryside. We do have some other speakers who weren't -- do they need to be sworn as well? CHAIRMAN FRYER: They do. MR. ANDERSON: When they come up or -- CHAIRMAN FRYER: Yeah. MR. ANDERSON: Okay, sure. We understand that this project may be consistent with the present legal requirements in terms of -- particularly in terms of building height; however, it's going to have a tremendous visual impact upon Countryside. The Province Way condominiums, which are right across the street from this project, are going to be significantly impacted. Right now there's a four-story project just to the east of this proposed project, which we can see that's -- that's very evident. And this is going to be -- the five stories, even though they're going to be in the back of the site is -- that's going to be a tremendous visual impact. So we just want to make -- you know, make that known. We -- it seems like in this part of the county that historically it was always -- it's always seemed to us that three-story was kind of the maximum in the area. You know, we didn't want to, you know, start looking like Miami or, you know, whatever, and it's -- and that clearly has changed. I know the present rules do allow for up to 60 feet, but that's going to have -- again, it's going to have a tremendous visual impact, and we just wanted to make that known in your deliberations. CHAIRMAN FRYER: Thank you, sir. And I missed your name. Would you please -- MR. ANDERSON: Roy Anderson. CHAIRMAN FRYER: Anderson. Thank you, sir. MR. EASTMAN: Mr. Anderson? MR. ANDERSON: Yes. MR. EASTMAN: In Countryside, are your building also at the three-story limit? MR. ANDERSON: Yes, they are. MR. EASTMAN: Yep. Okay. Thank you. MR. ANDERSON: Yes. They're two- and three-story. MR. EASTMAN: And nothing exceeding that? MR. ANDERSON: Nothing exceeding that, correct. MR. EASTMAN: Thank you. Thank you. CHAIRMAN FRYER: Commissioner Schmitt, did you have something for -- COMMISSIONER SHEA: What's the height of those? COMMISSIONER SCHMITT: Hi, Roy. How you doing, Roy? Roy is a former county employee, so he's -- CHAIRMAN FRYER: Mr. Anderson -- (Simultaneous crosstalk.) COMMISSIONER SCHMITT: -- well aware of these procedures. Can you stay up there, Roy. I want to ask you a question. MR. ANDERSON: Sure. COMMISSIONER SCHMITT: The 60-foot is not any different than what's already approved, correct? MR. ANDERSON: Correct. 5.A.a Packet Pg. 17 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 13 of 34 COMMISSIONER SCHMITT: So regardless of whether this is approved or not, if it was commercial, it would still be -- could still be 60 foot, which would still be deemed, in your words, a visual impediment. So I'm confused as to -- your point, I understand, is the 60-foot height, but the current zoning allows for 60-foot height. So regardless of what's built, whether it's commercial or residential, it would have been deemed a visual impediment, but the zoning already exists. So please explain what it is you're trying to seek. You're trying to ask us to reduce the height that -- of a zoning that already exists? MR. ANDERSON: That's ultimately what we would like to see, that's right. COMMISSIONER SCHMITT: Okay. That's clear. And isn't that -- MR. ANDERSON: I realize the project is being responsive to what the current law provides, but we're just -- we're just unhappy with the whole situation. COMMISSIONER SCHMITT: What would you prefer be placed there then? MR. ANDERSON: Something that does not exceed three stories. COMMISSIONER SCHMITT: But that would be taking away a development right that already exists. MR. ANDERSON: That may be the case. COMMISSIONER SCHMITT: Okay. MR. ANDERSON: We're just registering our concern. CHAIRMAN FRYER: Commissioner Fry. COMMISSIONER FRY: Hi, Roy. So just -- I understand -- and we're all in that position at times when something is built across from us. So it sounds like you had -- you might have seen the 60-foot-high commercial structures. I think that would have been closer to you than these five-story buildings which would be closer to the back. The commercial might have been farther forward. So it seems like you would have had -- you know, unless we do reduce the height -- I don't even know if this is within our rights. This is an existing approved project, so I'd be asking that. But you would be looking at something 60 feet high. So that impact would have been six of one or half a dozen of another, either residential or commercial might have been 60 feet. I just wondered how you feel about it being residential versus commercial. The benefit -- the implicit benefit to you and your neighbors is that the residential will generate less traffic and less traffic congestion on the roads than the commercial would have. So do you perceive that as a benefit, or would have you rather had the commercial? MR. ANDERSON: I would perceive that as a benefit, you know. The residential element, you know, I think that is a plus. But the bottom line is the 60 feet is what we're really upset about. COMMISSIONER FRY: I understand. Thank you. CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER SHEA: Just -- another question, Roy. MR. ANDERSON: Oh, yes. COMMISSIONER SHEA: Just -- you said you have three stories in your units? MR. ANDERSON: Yes. COMMISSIONER SHEA: What's the height, the -- what's the height of the building? Because I have a feeling they probably have lower ceiling heights in their units than you might. MR. ANDERSON: Probably, I don't know, 40 feet, perhaps. I'm just guessing. I don't have the hard number, but it's three stories. COMMISSIONER SHEA: But there is a big difference in stories depending on the -- you know, the construction. MR. ANDERSON: True. COMMISSIONER SHEA: Okay. That's what I was just wondering, because I would bet you have taller than three-story -- a typical three-story -- than their three stories, is all I'm saying. CHAIRMAN FRYER: Thank you. I want to ask members of the public how many wish to speak on this but have not yet been sworn in, please raise your hand. One. A total of one. All right, sir, come on up, and we'll get sworn -- get you sworn in. 5.A.a Packet Pg. 18 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 14 of 34 (The speaker was duly sworn and indicated in the affirmative.) MR. QUIETO: I do. CHAIRMAN FRYER: State your name, please, sir. MR. QUIETO: I'm Angelo Quieto. CHAIRMAN FRYER: Can you spell that for me. MR. QUIETO: Q-u-i-e-t-o. CHAIRMAN FRYER: Thank you. You have the floor, sir. MR. QUIETO: Okay. I'm not an attorney, so I may just jump my questions around and, you know, my statement, whatever I say, because I'm not a speaker, I guess you say. CHAIRMAN FRYER: You're a refreshing change. Thank you. MR. QUIETO: I am opposed to that many units. And if I'm correct, there's already affordable housing units that I went to another meeting at the church, New Hope, that that's aside from what this guy wants. Okay. And I think that's plenty for that area. Personally, I think, like Roy said, 60 feet is kind of high, but I would -- it's the dwelling, I guess call it, 300 and something dwellings. I would see commercial -- commercial closes at the night. There's nothing at night. My other concern is every street corner here in East Naples, they're throwing up, since I've been here -- I've been here since '98 permanently. Every corner, right where I live now, you figure this, there's all kinds of developments, okay. When I was here before, they were talking about, with Donna Fiala, the water. We -- water is a commodity for here in Florida. We don't have a lot of water. Like they said, you're going to have to dig down deeper, yes, but eventually you're going to keep digging down, and what's going to happen? The other thing was -- you call it rubbish; I call it trash or whatever. We don't have a lot of recycle places to put our rubbish, okay. That one that's up on, I think it's Collier, I think that one is -- doesn't have many years left in it. Where is the next one going to go and how big is it going to have to be to accommodate all these people that want to just keep building, building, and building? I just -- and then you talk about green space, I guess you call it, where you have your trees and all. Where are your animals? They said, oh, these bears are coming into all your residential areas. Sure, why are they? Because everybody's pushing them our way because of the building. I mean, I can't say that people shouldn't build, but you've got to build within reason, okay. So that you worry about your water, you worry about your trash, and you worry about your animals, and you worry about your floods, okay. So I would see that -- if I, you know -- because, again, I'm not a lawyer -- saying that what they're looking for has not really been approved, that they have to go and get an approval from commercial to residential. I don't know if that's what they have to do. And I don't know who makes the decision to say, well, okay, we want to keep it commercial. Yeah, you can build there whatever you want to put in there. You want to put a rec center, you want to put this in there, but you don't need 300 and 200, whatever it is, multifamily units, okay. So that's it. You want to ask me questions, I'm here. CHAIRMAN FRYER: Thank you, sir. There are no signals at the present time, so you can step down, sir. MR. QUIETO: Thank you. CHAIRMAN FRYER: Thank you very much. Any further speakers? Anybody wish to be heard on this, members of the public? (No response.) CHAIRMAN FRYER: Seeing none, then without objection, we will close the public comment portion of this hearing and ask Mr. Yovanovich if he has any rebuttal. MR. YOVANOVICH: Just real briefly. Just mainly to put some peoples' minds at ease, hopefully, on the process, because I don't -- Mr. Anderson may be familiar with the review process, 5.A.a Packet Pg. 19 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 15 of 34 but I think the last gentleman may not be. So if you'll bear with me to just kind of respond to some of those concerns he's raised. There is a very detailed engineering review that we are going through right now through the Site Development Plan process, and that engineering review will assure that we properly address rainwater and stormwater that results from our project. So just -- you can rest assured that county staff will properly review all of that. We are also required to provide an environmental study as to our impact on listed species. That has all been reviewed and confirmed that we do not have a negative impact on animals in this area. And we're basically a completely -- I'm trying to go back. You can see there's not a lot of habitat or trees even on this site. So all of that is part of the review process, and I just wanted to make sure that you understand that. And there's been a lot of discussion about traffic and the impacts. That is a very detailed review as part of this project. We are 100 percent consistent with the Comprehensive Plan in Collier County, and with that it -- and you heard Mr. Bosi elaborate and say that this is intended to be a higher density residential portion of the property -- of the county, and we're consistent with that. And we are -- we are mindful of our neighbors. We have a very detailed site plan. And I spoke to my -- I spoke to my client. I cannot take away the five-story buildings. That's -- that's got to stay, but you've seen we have three-story buildings along Santa Barbara. So if it will make them more comfortable, Mr. Anderson, it will make it more comfortable for us to commit to three stories and not to exceed, you know, 45 feet in height, and that would be an actual height, right along -- along Santa Barbara. CHAIRMAN FRYER: All right. So that will be -- MR. YOVANOVICH: We're happy to do that. We're that far along enough in that process. But I can't commit to an entire three-story project. But we can -- we can commit to the three stories, because the reality is it doesn't work economically and fit. So I know I don't typically respond to the audience, but I just want them to understand that we've done great detail about this, and this is compatible with the neighborhood, compatible with your Comprehensive Plan. We are willing to commit to three stories along Santa Barbara, actual height of 45 feet. CHAIRMAN FRYER: Actual of 45, okay. MR. YOVANOVICH: Yes. So I guess that would be probably -- I think "actual" is the better measurement there than necessarily zoned and actual. So let's commit to 45 feet actual. CHAIRMAN FRYER: And that's on how many buildings? MR. YOVANOVICH: That's the buildings along Santa Barbara. CHAIRMAN FRYER: All the buildings along Santa Barbara? MR. YOVANOVICH: Well, let's say it a different way. Buildings that are not -- let me go back and make sure I don't say this incorrectly. The buildings that are along -- that are not along our eastern boundary, we could -- am I right, Lon, we could commit to those being three stories? MR. TABATCHNICK: Correct. The buildings right there on Santa Barbara by our entrance, those four buildings. CHAIRMAN FRYER: Okay. MR. YOVANOVICH: One, two, three, four, is that it? I think this one's also three, right? MR. TABATCHNICK: Yes. CHAIRMAN FRYER: So we can describe this as a commitment that applies with respect to all those except those that are fronting on the eastern boundary? MR. YOVANOVICH: I think that would be -- does that work -- Ray, I just want to make sure that works for staff if we write it that way. Heidi, are you comfortable with that? MS. ASHTON-CICKO: You're talking about residential only, right? MR. YOVANOVICH: Yes, for the residential only. We're not changing any of the development standards for commercial. I'm just saying, if we were to develop as residential, I can commit to 5.A.a Packet Pg. 20 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 16 of 34 only -- the residential buildings that will be greater than 45 feet in actual height will only be those along the eastern boundary. COMMISSIONER HOMIAK: It's here -- it's in here already. So under residential, the Santa Barbara Boulevard 60 feet, it would be 45. MR. YOVANOVICH: Correct, on height, actual height. CHAIRMAN FRYER: We can make that as a condition of our -- COMMISSIONER HOMIAK: It's just right here. MR. YOVANOVICH: And I'm sure between now and the Board, we can write it appropriately, but the concept -- I want to make sure we're all on the same page on the concept, and for the residential we would agree to do that. MR. BELLOWS: For the record, staff is understanding of the condition, and we can work with the applicant and the attorney's office to get it placed in the PUD document that way. CHAIRMAN FRYER: Okay. Commissioner Fry. COMMISSIONER FRY: To clarify, Rich, there are four buildings that actually are adjacent to the eastern border, and then there's one building -- and I don't know if you have the ability to point. The building I'm talking about just clarifying is the building that is one back from the eastern border, the longest building of all. MR. YOVANOVICH: Right here? COMMISSIONER FRY: Yes. Is that -- how many stories would that be? MR. YOVANOVICH: That's three. COMMISSIONER FRY: That's three. MR. YOVANOVICH: Let's do this so when we write this correctly, why don't we -- it's this building. Can you see my finger? COMMISSIONER VERNON: Yep. MR. YOVANOVICH: That building, and that building. COMMISSIONER VERNON: Those are the only ones -- MR. YOVANOVICH: Those are the only ones. Those three would be the ones that would not be 45 feet actual height. COMMISSIONER VERNON: Not be limited to 45 feet? MR. YOVANOVICH: Right. They would be the 60 feet. COMMISSIONER FRY: Thank you. MR. YOVANOVICH: On the residential. COMMISSIONER FRY: Am I correct that in the section that would still allow the outparcels, that you still could build 60 feet there as part of the -- MR. YOVANOVICH: Correct. COMMISSIONER FRY: -- previous approved PUD? MR. YOVANOVICH: Correct. COMMISSIONER FRY: So I'm making them aware of that. One thing I'm wondering: There are no preserves in this property. How does that -- you know, most of the properties -- most of the projects that come through have some preserve requirement, preserve areas. How did we arrive at no preserves in this project? Is that because that's what was approved previously? MR. YOVANOVICH: Yeah. It's the previous project. And if you look, again -- let me make sure I go the right direction. I can see Jaime coming up to address that as well. We still have open space, as you know, but when you look at the site, there's -- most sites you see, when you look in -- and, again, this is not to point to the county. But most sites you see when we come in look more like the county's site with a lot of trees on it, and that's why we have a native vegetation requirement. This site we don't, and that's the way it is. And I'm sure Jaime can give it a more eloquent explanation as to the preserve requirement than -- MS. COOK: Jaime Cook, your director of Development Review. This project was actually approved to be cleared with the 1998 ordinance. So any vegetation that's 5.A.a Packet Pg. 21 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 17 of 34 there from our site visit from staff is mostly exotics. It's not really anything that's worth being put into a preserve. So that's why for this particular site there is not a preservation requirement. COMMISSIONER FRY: So the preserve requirement is not a standard. It is basically in recognition of existing plant life that's there and wanting to preserve a certain amount of it? MS. COOK: Correct. So when a site comes in for development, Environmental staff asks for a vegetation inventory of the site, and then a preserve is -- preserve amount is determined based on the native vegetation that's present on that site. COMMISSIONER FRY: Thank you. MS. COOK: You're welcome. COMMISSIONER SHEA: Can I ask a further question? MS. COOK: Sure. COMMISSIONER SHEA: How does that -- I also thought that they had a requirement to contain a certain amount of rainwater on the property, which is why some of these preserves are there. I guess, is that because this is an activity center we don't have that kind of requirement? MS. COOK: Well, their stormwater is going to be dependent on the site itself. So if they have an upland preserve, we don't want them using that for their stormwater. If they have a wetland preserve, they can design their site to use it that way, but they don't necessarily have to. COMMISSIONER SHEA: So they don't have to -- anything that runs off just runs off? MS. COOK: No, no. Their stormwater system could be designed differently, that it has to be retained within their site -- (Simultaneous crosstalk.) MS. COOK: -- but it doesn't necessarily have to go in the preserve. (Simultaneous crosstalk.) MR. KLATZKOW: Everything has to be retained on site whether it's preserve, whether it's a lake. Whatever it is, you can't flood your neighbors. CHAIRMAN FRYER: Thank you. Anything else, Commissioner? MS. COOK: So in this particular instance, they're using their lake as their stormwater. COMMISSIONER SHEA: Okay. CHAIRMAN FRYER: Commissioner Schmitt. COMMISSIONER SCHMITT: Well, as soon as you close the public hearing, I'm ready to make a motion, but I don't know if you closed the public hearing yet. CHAIRMAN FRYER: We did close public comment. I've got three more commissioners who want to speak, but that doesn't mean you can't make a motion now if you wish. COMMISSIONER SCHMITT: Well, I'm going to make a motion. I understand the concerns of the public, but this is already-zoned property. It is a reduction in intensity. It is reducing the density of commercial to a -- or an intensity of commercial to a density of residential. So I'm going to propose that we recommend approval as proposed with the amendments as discussed by Mr. Yovanovich noting that the buildings that he identified on the easternmost edge of the property are restricted in height -- or are the ones that are not restricted in height, so they can go up to -- MR. YOVANOVICH: Sixty feet. COMMISSIONER SCHMITT: -- 60 feet. All the other buildings would be at 45, and with a proposal that the amendment as proposed on the visualizer with the changes as approved by the County Attorney regarding the interconnect -- MR. YOVANOVICH: The commitment, yes. COMMISSIONER SCHMITT: -- the commitment as approved. So I'm going to recommend approval of PL20200002233, the Shoppes at Santa Barbara. CHAIRMAN FRYER: Thank you. Before we ask for a second, would you take a friendly amendment -- COMMISSIONER SCHMITT: Yes. CHAIRMAN FRYER: -- that the writeup -- the writeup of the three stories and 45 feet would not 5.A.a Packet Pg. 22 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 18 of 34 need to come back to us on consent? COMMISSIONER SCHMITT: I would agree. I think staff -- that's a very simple change, and staff can make sure that those amendments are properly recorded in the PUD document. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER HOMIAK: Second. CHAIRMAN FRYER: Now, under further discussion, we have Commissioner Vernon. COMMISSIONER VERNON: Yeah. I wouldn't say "minor," but since you kind of jumped in the fray of trying to address all their concerns, I sort of checked off the ones you addressed, and they mentioned the two things that the last gentleman mentioned were the trash recycle issue and the closing at night issue, commercial versus residential. If you can just address those two points. MR. YOVANOVICH: Thank you. I -- you know, the county has a trash collection process, and the county, I'm sure -- I don't know how much additional capacity they still have for the landfill, but -- MR. KLATZKOW: We have no issue with the landfill -- MR. YOVANOVICH: I know. MR. KLATZKOW: -- we have no issue with recycling, and we have no issue with water, and that's a long-term outlook. We're fine on those basic infrastructure. George Yilmaz does an outstanding job in making sure that the county is in good shape on that. MR. YOVANOVICH: And regarding the hours of operation, it depends on what retail use would be there. I mean, he -- there's -- you know, if you have a restaurant, it doesn't close at 5:00. If you have other uses, they're open beyond 5:00. So I didn't want to get into not necessarily everything closes right at 5:00 p.m. It depends on what the retail use is. So we don't have hours of limitations in there today, and we're not proposing hours of limitation for the commercial -- the commercial options within the property. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Thank you, Mr. Chairman. I just would like to ask the attorney, is there any basis that could justify a no vote based on the criteria? MR. KLATZKOW: I have not heard any substantial competent evidence contrary to what the request is here. It's compatible. It's within the GMP requirements. It's a step down in the intensity. I just have heard nothing that would support a denial. COMMISSIONER KLUCIK: And as a -- you know, we're sitting quasi-judicially, and so I will clarify why I'm voting -- I will be voting to approve this, is I just don't see there's a basis to deny the owner the use that they're asking for. CHAIRMAN FRYER: Thank you. Commissioner Fry. COMMISSIONER FRY: I think, like, when a speaker such as Mr. Quieto raises concerns -- and it's great that we address them. And, Rich, I appreciate you addressing it. Jeff, I appreciate you addressing it. I think, just speaking to water, I mean, I, probably, when I joined this board, had similar concerns about water and sewage and recycling and all that. We get to hear presentations here where the county presents their plans to us and it updates on how our aquifers are doing, our water storage. There is an elaborate plan. All I can tell you after hearing that, my confidence in how we're managing this county improved a lot. There is an elaborate plan of the aquifers, how to manage them. They check the levels. The levels are actually going up in some of the key aquifers. There's an elaborate system for distributing the water. There's also a secondary reclaimed water system that -- a lot of irrigation's done with reclaimed water rather than out of the aquifers. So -- and the landscape is -- I mean, the -- the landfill, I think, is good for another 30, 40 years. They plan out 30 or 40 years on this stuff. And so I just wanted to -- I think we owe you a little bit 5.A.a Packet Pg. 23 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 19 of 34 more explanation on that. That's really all I had to say. I don't see grounds to vote no. I also do think there are additional benefits to the residential. A lot of times when there's a commercial development and the restaurants, there are concerns about late night, there are concerns about music, concerns about people getting rowdy if there's drinking establishments, concerns about dumpsters clanging 6:00 in the morning, 7:00 in the morning. Those things largely are not issues with the residential development, and you do experience a reduction in overall traffic, although maybe it's more spread out. You know, there's more in the evening and maybe early mornings than there would be with commercial. But, overall, most people see a benefit from the residential rather than the commercial, so... CHAIRMAN FRYER: Commissioner Schmitt. COMMISSIONER SCHMITT: I just make -- want to make a point that staff has clearly reviewed this and it's clearly identified within the staff report of the consistency review for all of the infrastructure, including transportation, utilities, and it clearly states that the project is within the -- within the con -- or within the limits of all the Public Utilities to support this project, and it's clearly part of the review process. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Yes. Thank you, Mr. Chairman. I would just say that, you know, for those who don't know, I've said it before, but I'm out in Ave Maria, and I -- my opinion of our developer out there, just as -- generally speaking, is they're a good developer, but they're a developer. And so they are frustrating sometimes. It's the nature of having land that's near you all of a sudden become used, and it's like, oh, wow, you know, it's going to be different, I'm nervous about it, or I don't like it, and so those are all normal things. The issue, though, is, you know, there are rights. And in this case I just want to point out -- and so I'm generally at odds with our developer, pushing back very vocally, and that's kind of my general stance that I think that developers should -- and owners should be able to use their property, but I also think it's important to give feedback and push hard against things that people are concerned about, which is exactly what you guys have done, and I just want to point out that here this owner has -- not because they had to, but they -- because they chose to, they heard what you said, and they placed a limitation on themselves that they had no need -- you know, they weren't required to do that, and they did it willingly, voluntarily, you know, because they do have an interest in being good neighbors, and I'm sure they think it's good business sense. And so I just want to point that out and laude that. CHAIRMAN FRYER: Thank you. And no one else is signaling at this time, so I will infer from that that we're ready for the question. It's been moved and seconded. Is there any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor -- and this is a recommendation of approval. All those in favor, please say aye. COMMISSIONER SHEA: Aye. COMMISSIONER VERNON: Aye. COMMISSIONER FRY: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER VERNON: Aye. COMMISSIONER KLUCIK: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, Mr. Yovanovich. 5.A.a Packet Pg. 24 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 20 of 34 MR. YOVANOVICH: Thank you. COMMISSIONER FRY: With the conditions. CHAIRMAN FRYER: Well, with conditions -- yeah. I just didn't want to restate all that stuff. I think the record's got it. COMMISSIONER HOMIAK: The motion's already been made. COMMISSIONER KLUCIK: That's the motion. COMMISSIONER SCHMITT: Motion's already been made, and that was part of the motion. COMMISSIONER FRY: I'd like to thank -- I mean, we've had the discussion last time. We had problems with the NIM. And I would just like to thank -- I'm not sure if that's you that's driving that, Rich, but whenever we get a written transcript, I believe -- I believe it's beneficial to the applicant in the sense of transparency in that we know we're able to read every word that was said and who said it. We're able to cite it in here by a page number and what was the exact wording if something was said. I really appreciate the transcript, and I hope, you know, that -- it seems like you provide transcripts all the time, for the most part. MR. YOVANOVICH: Well, it depends. But I will -- I will pass along your appreciation for that and encourage, at least all the projects that I work on, that we try to do the same. COMMISSIONER FRY: It gives us confidence that we are not -- and there's not things being withheld from the NIM that we're not aware of. MR. YOVANOVICH: I understand. CHAIRMAN FRYER: Thank you. Nothing further on this matter, thank you, Mr. Yovanovich. MR. YOVANOVICH: Thank you. CHAIRMAN FRYER: And it's almost 15 minutes past 10:00. We're close enough to a break. This seems like a natural time to have it. Let's stand in recess for 10 minutes until 10:25; 11 minutes, actually. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes, Mr. Klucik. COMMISSIONER KLUCIK: Can't we plow through? Because I think our agenda is just so simple. CHAIRMAN FRYER: Well, the court reporter expects a break, and I think a mid-morning break is in order. COMMISSIONER KLUCIK: Okay. CHAIRMAN FRYER: Thank you. We're in recess until 10:25. (A brief recess was had from 10:15 a.m. to 10:25 a.m.) (Tom Eastman is absent for the remainder of the meeting.) CHAIRMAN FRYER: Ladies and gentlemen, we'll reconvene. ***We have no more rezones, so we go to Item 10A, which is the proposed Collier County Planning Commission continuance policy. We began our discussion of that, and some questions were asked and some discussion was had, but we tabled it -- continued it until this meeting. So it will be appropriate for us to continue our discussions. I look to the County Attorney. I don't expect he has anything further to present but I know is available to answer any questions. And I'm guessing that that's where staff is as well, no further presentation but available to answer questions. Am I correct on that? MR. BOSI: Correct. CHAIRMAN FRYER: Okay. And, Commissioner Vernon, you were on, sir. COMMISSIONER VERNON: Thank you, Mr. Chairman. Yes, I said during the last meeting that I had some minor changes and that I'd go over them with -- I guess I said I'd go over them with Jeff. And I looked at it and read it again, and I thought that I couldn't write it any better, other than the change the group discussed. So I had no changes. I just wanted to let the panel know. CHAIRMAN FRYER: Okay. Any other body wish to be heard? 5.A.a Packet Pg. 25 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 21 of 34 COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes. Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: We used the word "entitled." I'm looking at the exhibit which is Exhibit A, the second paragraph. THE COURT REPORTER: Can you use your microphone? COMMISSIONER KLUCIK: I'm looking at Exhibit A, the second paragraph, which is the meat of it. The request shall state all the facts that the requester contends entitles them to a continuance. And I'm just wondering if that's the right word, if entitle it or that would, you know, be the basis. COMMISSIONER VERNON: Well, it does say "contends." COMMISSIONER KLUCIK: Right. But then the idea is there can be a -- there can be a circumstance that entitles you, and I don't think that anything entitles you. I think it's always discretionary, and since it's discretionary, there can't be an entitlement. CHAIRMAN FRYER: Could you suggest another word for us, sir? COMMISSIONER KLUCIK: Justifies. CHAIRMAN FRYER: That would be fine with me. COMMISSIONER KLUCIK: Not "them to a," but justifies a continuance. CHAIRMAN FRYER: Yeah. Instead of entitles. Anybody object to that? COMMISSIONER VERNON: No, it sounds good. CHAIRMAN FRYER: All right. So we'll change "justifies" to "entitles." And, Commissioner Fry. COMMISSIONER FRY: I want to lay out one scenario that I think has played out here a few times that has resulted in continuances and just play it through this addendum, this policy, and see how it -- you know, how it fits. Sometimes we're in a meeting and the public speakers get up and speak, and we realize that there are some major unaddressed issues that they have expressed that have not been worked out with the applicant. And so at those times, we almost strongly suggest -- or the applicant gets up and goes, we'd like a continuance so that we can work these issues out with the neighbors. So how does that play out in this? Is that one of those where they would be charged $1,000 and have a six-week readvertisement period? CHAIRMAN FRYER: May I weigh in on that? COMMISSIONER FRY: Absolutely. CHAIRMAN FRYER: We've got some good discretionary language in the penultimate paragraph on Page 2 of 2 in the exhibit. So -- and I'm very comfortable with that, that we can always allow for a continuance, and we can also -- if we see no basis for assigning fault of any kind, we can waive the fees as well, and we can also set it for a sooner time if we wish. And I happen to like the way that's positioned, because it gives the discretion which I think we should have. COMMISSIONER FRY: So not notwithstanding that -- and I understand the discretion we have, but you have a situation where could the applicant have done a better job of negotiating with the owner; should they have already known and already been through that process? So to me it's still a bit of a gray area in that is that really -- are they really entitled to a free or a quick rescheduling under those condition, or should they have -- MR. KLATZKOW: There is no requirement that the applicant negotiate with the neighbors. Now, Mr. Yovanovich does that as a matter of course because he's learned over the years that's the easiest way to get his projects approved. But there's no requirement on that. The core here is really my own feeling that the Planning Commission's being abused because a developer will show up, see some angry faces, and all of a sudden say, well, I don't want to do this now, grant me a continuance, which impacts the people who came down here. This is your policy. At the end of the day, you will use this policy to determine whether or not the continuance is really a good faith or a bad faith and how you want to handle it. The continuance could just be to the next meeting if it's just a question of a couple things they've got to get wrapped up. But it's entirely your discretion. 5.A.a Packet Pg. 26 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 22 of 34 MR. BELLOWS: And, for the record, Ray Bellows. In response to the question, I've attended neighborhood information meetings where nobody attended. It was properly advertised. All the notices went out. But when we got to the Planning Commission, there was a good turnout. So things happen beyond the applicant's trying to meet with residents, trying to resolve issues. Some things just, you know, show up at the last minute. COMMISSIONER FRY: So we have the latitude -- I mean, the important point is we have the latitude to decide if good faith has been exhibited and whether or not to grant the continuance and how long and whether a fee applies. MR. BELLOWS: Correct. CHAIRMAN FRYER: Thank you. And before I call on the next commissioners to speak, I just want to reserve an opportunity, because I have a suggested language change that I'll bring up after other commissioners have been heard from. Commissioner Vernon. COMMISSIONER VERNON: Yeah. I just think this strikes a real good balance in addressing Karl's concern, and sort of the default is you're going to -- you're going to have a -- I don't want to call it a punishment, but there's going to be ramifications to a continuance, but if we see there's some kind of good-faith interaction between the public and the applicant that for some reason didn't come up during the NIM, then we can exercise our discretion to not punish the developer if they want to try to work something out. And I think Karl's concern, if I'm reading it right, is we don't want this rule to act as a deterrence of the applicant working with the public, which, again, I think the discretionary part that the Chairman mentioned covers that ground. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yes, thank you. I would suggest that in the penultimate paragraph on that same page, Exhibit A, where it says if the request for continuance was at the applicant's request, they'll pay $1,000, I would suggest if a continuance is granted, the applicant will pay the thousand dollars, and then the Commission -- the planning commissioners may determine -- or may choose to waive that fee based on other circumstances. That way it's not -- again, it's not by right. It gives discretion. Because right now, you know, we might have a -- it might be like, well, Raymond said, oh, yeah, we would like to go ahead and have a continuance, and it really is because the developer didn't do what they should have done, and he's -- you know, our county staff sees that there's something that needs to be addressed, but it really wasn't the county's fault. And so I don't -- I think we need to have more flexibility, and I don't -- I don't really -- we all know that we'd be willing under, you know, the right circumstances, such as if the staff actually requests it of their own accord, not because of, you know, some other -- I don't want to say bad act but, you know, negligence or, you know, not paying attention by the applicant. And so I think that would be better. So we say that there's a fee of $1,000 paid by the applicant if it's granted, if the -- if the continuation is granted, and that the Commission, at their discretion, can waive the fee based on the circumstances. CHAIRMAN FRYER: Anyone object to that? (No response.) CHAIRMAN FRYER: Okay. And we'll add that language. No one else is signaling at this time. I have a concern -- I'm generally very pleased with this, but I do have a concern with the Example No. 2 where some language was changed, and that's in about the middle of the page -- Page 1 of -- excuse me. Page 2, which is -- which is Page 1 of Exhibit A, and the language had said "where the denial of a continuance creates injustice for the requesting party." And I think, if memory serves, it was Commissioner Vernon who called for, perhaps, a definition of "injustice," which I thought might have been a good idea. But instead of a definition of injustice, we've got a different word, and I think it's a more, if you will, lenient word, particularly with the discretion that we have in applying this. 5.A.a Packet Pg. 27 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 23 of 34 I do believe that the Planning Commission, once this is approved, can only be as strict as the most lenient of those three examples. And so I think that, in effect, takes some discretion away from us as to determine what is an injustice. So my proposal would be either go back to the word "injustice," perhaps try to define it, if we feel we need to, or another approach would be to add three words before the word "hardship," and those words would be "material and unavoidable." So I'd like to hear the Commission's reaction to that. COMMISSIONER SCHMITT: I'm fine with those words. COMMISSIONER KLUCIK: What does that mean to you? If you could explain what that -- CHAIRMAN FRYER: Well, for instance, if I'm sitting in front of a television watching a football game and I'm taking notes or something and my pencil breaks and I have to get up and sharpen my pencil, you know, if -- COMMISSIONER KLUCIK: You could say that was a hardship? CHAIRMAN FRYER: Because that's a term that is really without definition, and so I wanted to add some words to try to give it a little more clarity that it's not in the eyes of the beholder as much as it's something that the Commission would deem to be significant, and that's what I mean by "material." And "unavoidable," what I mean is that the applicant -- this is a problem of his own creation perhaps even to justify the continuance. COMMISSIONER VERNON: I'm good with "material and unavoidable hardship." COMMISSIONER SCHMITT: I agree. CHAIRMAN FRYER: Okay. Any further -- oh, Commissioner Vernon, you've lit up, sir. COMMISSIONER VERNON: That was it. I just jumped in. CHAIRMAN FRYER: Thank you very much. Any other comments, discussion, questions on this? We've got -- we've got three proposed changes, and let me see if I can identify them. In the second -- second paragraph of Exhibit A, it looks like the fourth line we're going to change the word "entitle" to the word "satisfies." MR. KLATZKOW: Satisfies or it justifies? COMMISSIONER HOMIAK: Justifies. CHAIRMAN FRYER: Oh, I can't read my own handwriting. COMMISSIONER KLUCIK: Justifies a continuance. CHAIRMAN FRYER: You're right. I can't read my own writing. My bad. It says -- yeah. Wow. Justified, justifies. Thank you. Then the second one in the second example in the middle where it says where "a denial of a continuance creates a," we're going to add "material and unavoidable hardship for the requesting party." And then in the penultimate, second-to-last paragraph, we're going to -- and I don't have the exact language, but we're going to add an opportunity for the Planning Commission to exercise its discretion in waiving the thousand-dollar fee. COMMISSIONER KLUCIK: So, yeah, the fee becomes -- if we vote that there's good cause shown and we choose to have the continuance, it would be -- if the request for continuance is granted -- if the request for continuance is granted, the applicant will pay $1,000, blah, blah; however, the Planning Commission, at their discretion, may waive this fee. MR. KLATZKOW: So it would read -- if the request for continuance was at the applicant's request -- COMMISSIONER KLUCIK: No, it doesn't even say that. If the request for continuance is granted, the applicant will pay a $1,000 fee; however, the Planning Commission may waive that fee at their discretion. COMMISSIONER FRY: Are you replacing the scenarios? CHAIRMAN FRYER: No, he's not. Just dealing with this second-to-last paragraph; am I correct? COMMISSIONER KLUCIK: Yes. COMMISSIONER SHEA: Which line? 5.A.a Packet Pg. 28 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 24 of 34 COMMISSIONER KLUCIK: It's the -- if the request for continuance was at the applicant's request, that's being replaced with if the request for -- if the applicant's request for continuance is -- or if the request for continuance is granted, the applicant will pay a $1,000 continuance fee together with any and all costs in readvertising the item if necessary; however, the Planning Commission may waive this fee -- MR. KLATZKOW: At its discretion. COMMISSIONER KLUCIK: -- at its discretion. CHAIRMAN FRYER: All right. And I think -- I don't want to put words in your mouth, but I think in that first sentence you want it to be in the case of the applicant's request being granted, not staff's? So we need to add the word "applicant's"? COMMISSIONER KLUCIK: Right. CHAIRMAN FRYER: Okay. Is everybody on board with that wording? COMMISSIONER SCHMITT: Yes. CHAIRMAN FRYER: Okay. All right. Any further discussion on this with those three changes? (No response.) CHAIRMAN FRYER: I'd entertain a motion at this time. COMMISSIONER SCHMITT: Make a motion to approve with the amendments as discussed. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER FRY: Second. COMMISSIONER SHEA: Second. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. COMMISSIONER FRY: Aye. COMMISSIONER VERNON: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, County Attorney; thank you, staff; and thank you, Planning Commission. COMMISSIONER SCHMITT: I'd note for the record, though, of course, there were no petitioners of any sort or developers here to object to this, which was pretty interesting that they pretty much acquiesced and is -- will agree to all accommodations. So it appears that we may have solved a potential problem. CHAIRMAN FRYER: I think -- COMMISSIONER SCHMITT: Or an existing problem, I should say. CHAIRMAN FRYER: It is an existing problem. And, again, I thank the County Attorney for flagging this because -- COMMISSIONER SCHMITT: Thank you, Jeff, for your work on this. CHAIRMAN FRYER: -- we really don't want to be in a situation where these last-minute decisions significantly interfere with our management of our own agenda and the public's time and our time. So thanks to all. Anything else on this? (No response.) CHAIRMAN FRYER: ***If not, then we have one more item, and that is Item 11A, and it -- it deals with the need to put on an evening meeting for the purpose of considering staff-initiated Land Development Code amendments. 5.A.a Packet Pg. 29 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 25 of 34 MR. JOHNSON: That's correct. Good morning, Commissioners. Eric Johnson, principal planner in the Zoning Division. So we're wanting to bring forward at least three ordinances that are related to changes that are going to be made or requested to be made into the Bayshore/Gateway Triangle Community Redevelopment Area, and one of the -- it's going to be two -- two of the ordinances would be Land Development Code amendment. The other -- the third would be a Growth Management Plan. So they're all very much intertwined. One of the Land Development Code amendments is going to require a nighttime hearing. I reached out to each one of you individually and was struggling to find a quorum for October 7th for a nighttime hearing; nighttime being after 5:00 p.m. So I wanted to thank you again for allowing this discussion to occur. Is there another date, perhaps, that you would be interested in having a nighttime hearing either on the same day as a Planning Commission meeting or an alternate date? And, obviously, I'd have to make sure that we would have access to the room whenever that choice is made. CHAIRMAN FRYER: I feel very strongly that we should make every effort to schedule it on a day we're already having a meeting, thinking about those who have to drive long distances as well as how it otherwise, I think, would significantly interfere with one's day. And we are volunteers. COMMISSIONER HOMIAK: What if our meeting is all day long, and then you have a long night meeting? COMMISSIONER KLUCIK: Well, I think that -- COMMISSIONER HOMIAK: I think it's -- well, there could be a point where you have a long day. Things seem to go on sometimes longer than they need to. And if you can't finish your own petitions -- the petitions that are on a regular meeting day and got to -- you're going to continue them or put the people out that come here, I mean, it could -- I mean, you could need to -- or you could go to 6:00 and actually finish what you're supposed to be doing that day. CHAIRMAN FRYER: Let me see if I can address that, because I -- as you know, I meet with staff regularly before these hearings, and Mr. Bosi indicated to me that his forward look at our agenda would have it that we're going to have fewer matters as we go into the late fall and winter sessions. So I share your concern about a long day of that sort. But I think that the bulk of the long, complicated controversial hearings for the time being, at least, for 2021 are behind us. MR. KLATZKOW: And you can start your meeting, like, 1:00. COMMISSIONER KLUCIK: Well, that's what I was going to suggest is that if we do that, that I would hope we would adjust the start of the regular meeting to be much later, just, you know, for the same reason, to start your day at 7:30 and, you know, get back -- you know, back home at, you know, at 9:00 or 10:00 is asking a lot of volunteers. CHAIRMAN FRYER: Let's say that we -- COMMISSIONER HOMIAK: That is. What about the staff? I mean, they have families and things. I mean, their day ends at some point. COMMISSIONER KLUCIK: Yeah. But what I'm saying is is that we start our meeting later. I don't see how that -- MR. KLATZKOW: There's no point. COMMISSIONER KLUCIK: We're going to have the evening meeting anyways. MR. KLATZKOW: There's no point bringing you in, having a recess, then bringing you back. COMMISSIONER KLUCIK: Correct. MR. KLATZKOW: We'll schedule it so that it will be later in the day, and it will just blend right in. COMMISSIONER KLUCIK: Right. And my whole point is to not have an extended day where we have a full meeting that starts at 9:00 and goes till 5:00 or that -- COMMISSIONER HOMIAK: Right. COMMISSIONER KLUCIK: -- ends at 2:00 and -- COMMISSIONER HOMIAK: Well, Terri can't sit there for that long. 5.A.a Packet Pg. 30 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 26 of 34 COMMISSIONER KLUCIK: Yeah, that's all. CHAIRMAN FRYER: Thank you. Commissioner Vernon. COMMISSIONER VERNON: Yeah. I just wanted to mention, if we get into the scheduling, I'm out first two weeks of October. Pretty much other than that, I should be available, just so we didn't pick one of those days. CHAIRMAN FRYER: Okay. Mr. Bosi? MR. BOSI: I have a suggestion. We anticipate that we may have some November or December hearings for the Planning Commission that we only have maybe two -- one or two items. And we will have advanced look. We can advance coordinate it with the Planning Commission about whether they will be able to, say, start the meeting at 1:00, and then we can schedule the night meetings so we're not going to have such a -- we can really reduce whatever time frame there would be between when you're done with your regular business and then when you'd want to take up, you know, the 5:05 items. CHAIRMAN FRYER: That sounds -- I'm sorry. Go ahead, Commissioner Fry. COMMISSIONER FRY: Why are we not looking at September 16th? Is that too soon? Is there any reason why we couldn't -- MR. JOHNSON: We wouldn't be able to make advertising. COMMISSIONER FRY: Oh, I see. Okay. CHAIRMAN FRYER: Other comments? No one is signaling at this point. It sounds like what I'm hearing is a consensus going toward a November evening hearing on a meeting day where we have just one or two other matters and we start later in the day than 9:00. MR. JOHNSON: All right. So the two dates that I have for you in November are -- that are already regularly scheduled is November 4th and November 18th. Number -- the 4th is the first Thursday. The 18th is the third Thursday. COMMISSIONER SHEA: I can't do the first in the evening. I can do the -- I can't do the 4th. I can do the 18th. CHAIRMAN FRYER: All right. Anyone else have their -- (No response.) CHAIRMAN FRYER: All right. Well, let's -- if it's all the same to staff, let's do it at the second meeting on the 18th. MR. BOSI: We will coordinate, and if there is some -- if there's some unusual circumstance or there were more petitions than we expect, then we can delay it appropriately. But we will anticipate that it will be the second meeting in November, that we're going to have a later start, and we'll have the 5:00. And we'll coordinate with the Planning Commission and the court reporter and all involved to specify when that early start date -- you know, our early start time would be. COMMISSIONER KLUCIK: So we're talking the -- what, the 18th, is that what you said? CHAIRMAN FRYER: Correct. November. COMMISSIONER KLUCIK: All right. So that's potentially a later meeting. Okay. COMMISSIONER VERNON: Yeah. I have a -- I have an annual board meeting that I should attend. I'm sorry to screw things up on November 18th. CHAIRMAN FRYER: Well, we've got -- COMMISSIONER FRY: We need a quorum. We don't need -- CHAIRMAN FRYER: We've got one commissioner who can't make the first and one commissioner who can't make the second. So let's throw it to staff and ask staff to choose the one that it looks like we can start the latest and have the fewest number of matters in the daytime session, and then we'll just hear the evening following that. Anybody disagree with that approach? COMMISSIONER VERNON: I think it's perfect. CHAIRMAN FRYER: All right. That's what we'll do. Thank you very much. MR. JOHNSON: Thank you. CHAIRMAN FRYER: All right. Any further new business to come before us? 5.A.a Packet Pg. 31 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 27 of 34 COMMISSIONER VERNON: I did have one thing. CHAIRMAN FRYER: I'm sorry. Please go ahead, Commissioner Vernon. COMMISSIONER VERNON: I thought Karl brought up a point that -- on affordable housing of this 750-foot minimum size, which may be perfect, but when I heard everybody respond, it was sort of we've always done it that way, and I think -- CHAIRMAN FRYER: County Attorney has a -- I think an answer to that. COMMISSIONER VERNON: Okay. MR. KLATZKOW: Yeah. You can't -- developers want to come in here and say, you know, we've got this crying need for studio apartments for young single professionals, and I understand that. The problem is you can't limit the space to just one person. COMMISSIONER KLUCIK: Correct. MR. KLATZKOW: And so if you're setting up space, 450, 500 square feet, you're going to find families living in there. And, you know, that would be one definition of a slum situation. You can see what happens, for example, in Golden Gate City where you'll have four, five, six pickup trucks in front of a house and, you know, they're just jam filled with people, because that's how they can afford to live here. So it's -- if the thought process is we need a smaller space for the single person, why does it have to be so big, I understand that. The problem is you can't limit it to the single person, and you're going to wind up with families in there crammed into now too small of a space. COMMISSIONER KLUCIK: Can't you address that by -- you know, for instance, limiting the parking availability so then -- COMMISSIONER HOMIAK: No. COMMISSIONER SCHMITT: No. We've been down that road. COMMISSIONER SHEA: That's what they do now. MR. KLATZKOW: You go through Golden Gate City, you'll see people -- COMMISSIONER SCHMITT: Parked on the lawn. MR. KLATZKOW: -- parked on the lawn, parked everywhere. It's -- it is what it is. So if you're going to build small spaces, you're going to be just cramming people in them. COMMISSIONER KLUCIK: Well, I just don't think that's a good basis for policy, that people will use it in ways that you don't approve of. MR. KLATZKOW: Well, it's not approve of, okay. You can't limit it. What you're saying is we're going to allow small spaces, but you can't limit that to the number of people in them. You will be creating a problem if you have small spaces. COMMISSIONER VERNON: Let me finish what I was going to say, because I'm fairly persuaded by what our attorney just said. But Mr. Klucik just raised something, and it looks like Karl wants to speak on it. So my original thought before hearing that was it is probably -- I was going to suggest before the end of the year to have the staff just look at best practices of similar communities which takes into account what's going on in the current world rather than a historical perspective and see if we're consistent with best practices, and we probably are. But if we're not, I'd like to know it, and I don't want to just rely on "that's the way it's always been done." MR. KLATZKOW: We're Collier County, and we have a certain -- we sell ourselves as the Mercedes-Benz of counties, okay? And that's why the real estate is as expensive as it is, all right. You can find places that have much smaller places, all right. New York City's filled with them. Fort Myers is filled with them. Other areas that are not as nice as Collier County is filled with them. If you want a nice county, all right, there are certain things that you need to do. Landscaping's one of them, all right. Larger lot sizes is one of them. Lower density is one of them. If you want to start getting rid of some of these requirements, that's a policy decision, and that's fine. But I will tell you that you will no longer be the Mercedes-Benz of Florida at that point in time. You will be less. And it's as simple as that. Now, you've all driven through Lee County, and I think understand what standards mean. Sign 5.A.a Packet Pg. 32 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 28 of 34 standards, transportation standards, sidewalk standards, everything like that. It depends what you want for the community. And if you're going to be building high-density apartments with the small units, you're going to wind up with a very different county down the road than you have right now. It just is. It doesn't mean it's right. It doesn't mean it's wrong. It's a policy decision. COMMISSIONER VERNON: Well, I understand what you're saying, and I said, you know, I'm fairly persuaded by what you said but, still, what the definition of a nice county is different things to different people within this county. And I'm just suggesting -- I'm not suggesting we change it. I'm just suggesting we look at communities where it -- where they're doing well looking at affordable housing, seeing what their rules are and whether they're consistent with what we're doing, and we can always choose we like the way we're doing it, but at least we have the benefit of what is going well in other places in terms of dealing with the issue of affordable housing. And affordable housing is kind of a touchpoint for me, and I think it should be for everybody, because of what you're saying. The housing is so expensive here. We want to be -- in my mind, we want to be proactive. That's what the Planning Commission does. Again, I'm not suggesting a change. I think your argument's compelling. But I think it would benefit us if we took a look at what other communities are doing that are successful in dealing with affordable housing. MR. KLATZKOW: And not -- I'm just going to say this: Developers come in here and they ask for greater density, and you guys give it to them. We have set up the Comp Plan in the LDC so that the greater density is -- should be limited to affordable housing. If you limit your increase in base density just to affordable housing, you may get what you want. But every time they come in here and they start crying that we've got a need for this and we've got a need for that and you give them 16 units an acre or 20 units an acre or 24 units an acre like you did on Immokalee -- COMMISSIONER KLUCIK: Mr. Chair, I'm going to interject here just because I think now -- we're the commissioners, and now we're getting policy -- MR. KLATZKOW: No, what I'm telling you is that -- (Simultaneous crosstalk.) COMMISSIONER KLUCIK: No, you're not giving us legal opinions -- (Simultaneous crosstalk.) COMMISSIONER KLUCIK: No, excuse me. Mr. Klatzkow? (Simultaneous crosstalk.) COMMISSIONER KLUCIK: Mr. Klatzkow, you're giving us your opinion about what policy should be, which -- and it's nothing to do with legal. And it's not that I don't think your opinion is -- you know, I mean, your opinion is worthy, but I think you're here to answer our questions and advise us on legal issues, and I think you're swaying the discussion about policy issues, and I just think, in a way, that isn't the attorney's job. And maybe I'm wrong. Maybe I'm the only one who feels that way. I think that this is not a legal issue. I mean, it's a -- it could be. There are legal aspects of it, but it's an issue of what's the best policy, and I think -- I appreciate what you've said, because there's candor here and -- that we're saying we want affordable housing, and then there's one real way to do that that's totally market driven, which is to offer homes that are smaller that actually could be affordable, and we're saying, but that brings in the riffraff. And, you know, and that's -- as a policy decision, that's what we want to say is we don't want the riffraff that would come in, you know, if we actually had a market-based solution, which was smaller homes that are -- you know, that could be young professionals that aren't riffraff and could be families that are riffraff -- and I'm not saying that that's what I think they are, but that's -- you know, that's kind of what the discussion is about. CHAIRMAN FRYER: I'm going to ask Mr. Bosi to weigh in, please, sir. COMMISSIONER KLUCIK: And so my point is that at least we should be frank about what we're saying, and maybe we do have -- you know, we do want to say, for policy reasons, we don't want to open up that door because we can't do anything about it if the negative aspects come in, and we should just be frank about that. 5.A.a Packet Pg. 33 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 29 of 34 CHAIRMAN FRYER: Mr. Bosi? MR. BOSI: In light of the Planning Commission's discussion, I just wanted to let you know that within the next six months you will be presented four Growth Management Plan amendments related to housing, affordable housing, density, density allocations, increasing density allocations within our activity centers along our transit lines within the strategic opportunity sites. You're going to have Growth Management Plan amendments that are dealing with increasing densities relating to housing affordability. All of these comments, all of these discussions are going to be as part of that. It's going to be advertised. We're going to have -- advocates on both sides of the issue will attend. I just wanted to let the Planning Commission know that within the next six months you will have GMP amendments which set policy that will dictate, you know, how the Planning Commission feels about these one issues, and we will have an avenue, an advertised avenue where the public will be invited to engage in this conversation. And I'm not saying any one of the topics that we've talked about was right, wrong, or indifferent. I'm just saying, we will have scheduled items that talk about policy that are within the GMP that are related to density, intensity, affordability, and all of the issues that we're talking about, just to give you guys the understanding that these discussions are -- or they're forthcoming. CHAIRMAN FRYER: Thank you. Commissioner Fry. COMMISSIONER FRY: Commissioner Vernon, I appreciate you bringing this up, because I value this conversation. I had just one area of confusion that is left. I guess I think what I'm hearing is that legally an owner of a home or an owner of an apartment complex cannot set a maximum occupancy even though they are the owner of that property. I can't tell -- I can't rent my home and say, no more than a family of five can live here or no more than five individuals can live here. I can't have an apartment complex and say, a one-bedroom can only have two occupants, a two-bedroom can have up to four occupants. That is not legally allowable? MR. KLATZKOW: No. All right. So I get an apartment. You say only two people. We then have a child. I'm going to be evicted for a child? I have a brother who lost his job. He needs to stay there for a couple of months. I'm going to be evicted? COMMISSIONER FRY: You're evicted if you get a dog and it has a no dog policy. MR. KLATZKOW: That's true, or a cat, perhaps, but we have a higher threshold for humans than we do for animals. COMMISSIONER FRY: Except in movies. CHAIRMAN FRYER: Anything else? COMMISSIONER FRY: No. CHAIRMAN FRYER: Commission Klucik, you were lit up next, sir. COMMISSIONER KLUCIK: Yes. It's really what Karl was mentioning, same -- I guess a more specific variation of the precise question, which is a legal question for you, Mr. Klatzkow. Are you saying that, for instance, in my HOA where we have a limitation and we base it on the county -- or whatever the government health standards are, or recommendations are for a limitation on occupancy, that that's actually not enforceable? COMMISSIONER SCHMITT: That's correct. MR. KLATZKOW: Good luck enforcing it. COMMISSIONER SCHMITT: Who's going to enforce it? COMMISSIONER KLUCIK: Well, I'm just saying, can it be enforced legally? Is it unlawful to have such a requirement, I guess that would be -- or restriction? MR. KLATZKOW: You can have the restriction, but I don't think it will be enforced. COMMISSIONER SCHMITT: It can't be enforced. COMMISSIONER KLUCIK: Because it's -- it would be unlawful to enforce it? Unconstitutional or unlawful? MR. KLATZKOW: I think it would be, yes. 5.A.a Packet Pg. 34 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 30 of 34 COMMISSIONER KLUCIK: Okay. COMMISSIONER FRY: It would be an eviction action, would it not? COMMISSIONER KLUCIK: Well, yeah. I mean, I guess it could take place in two ways. You have people that are using it and then they decide to have more people come in, or you have people say, okay, I want to buy it, and there's nine of us. MR. KLATZKOW: We've had these cases where -- the single-family residential use, and you get four families in there. Well, how do you define the family? COMMISSIONER SCHMITT: Right. MR. KLATZKOW: So it's -- COMMISSIONER KLUCIK: I guess that's my -- so you're saying legally -- or do you need -- do you want to, you know, look into it, or does that -- MR. KLATZKOW: No, my full understanding is you can have these clauses, but they're not enforceable. COMMISSIONER KLUCIK: Right. MR. KLATZKOW: And again the -- COMMISSIONER KLUCIK: And it comes up in Ave Maria because we have big families, you know. And we have -- we actually had -- someone made a big issue out of it because they thought that they were being, you know, mistreated because they had, you know, a lot of children in a three-bedroom house, and they thought that's why they were being -- you know, they were having their violations, you know, rack up, and it wasn't that, but that was the issue. So I've thought about it, and I actually thought that those were lawful. I never really looked into it. So you're saying they're not lawful? MR. KLATZKOW: That is my understanding, yes. COMMISSIONER KLUCIK: Thank you. CHAIRMAN FRYER: Thank you. Commissioner Vernon. COMMISSIONER VERNON: Yeah. I guess, you know, what -- I feel like we're kind of arguing an answer without knowing what I want to know, and that is, whether I'm in business or I'm in government or I'm in anything, I want to know what the best practices are around the country. And so now Mike's telling us we're going to have four amendment -- or four things coming up relating to affordable housing, and if we don't do what I'm suggesting, then I'm going to be relying on what the County Attorney says or what the staff says or the applicant says or the objectors say or the public says. And why would it hurt us -- what's the downside to having the staff do a review of the 750 foot and look at what best practices and worst practices are around the country? COMMISSIONER HOMIAK: It's been done by the -- COMMISSIONER VERNON: There may be a -- yeah, but -- wait, wait, wait, wait. MR. KLATZKOW: We had a report. COMMISSIONER VERNON: But when has it been done? MR. KLATZKOW: About a year -- COMMISSIONER HOMIAK: Recently. COMMISSIONER VERNON: Well, wait a minute. Let me finish my thought, okay. So if it's been done recently, do we have a copy of that report? COMMISSIONER HOMIAK: Yes. MR. BOSI: Absolutely. COMMISSIONER VERNON: What's the date of the report? MR. BOSI: I believe there is a 2018 Collier housing plan, and then there's a subsequent report. We have a Housing Department. If the Planning Commission would like a presentation upon best practices related to affordable housing -- COMMISSIONER VERNON: Okay. Let me -- MR. BOSI: -- we have staff available. COMMISSIONER VERNON: -- revise my proposal under new business that at the next meeting, 5.A.a Packet Pg. 35 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 31 of 34 or whenever you think you'll be ready, that we get a presentation from you of best practices based on this 2018 report and any supplements you want as to what the best housing practices are, and include the 750-foot limitation. And I think -- that would be really helpful to me, and I suggest that it would be help to everybody and doesn't commit any of us to anything. CHAIRMAN FRYER: Would it make sense to do this in conjunction with what's going to happen within the next six months per Mr. Bosi? That we have the presentation that specifically focuses on this subject but we do it in line with action that we're going to be taking? Would that make sense? COMMISSIONER VERNON: Well, yeah, I don't mind waiting. Instead of doing it next meeting, do it -- but I would like to do it in advance of us starting to analyze this issue. So I don't want it at the same time. So maybe good idea, do it a month before so that we kind of marinate on that information before we get presented with these four proposed changes. COMMISSIONER HOMIAK: Let Mike speak, because that would be part of your packet anyway. CHAIRMAN FRYER: Mr. Bosi, go ahead. MR. BOSI: I just want to remind the Planning Commission, the 750 feet -- square feet is a customary practice the Board has accepted. The code is 450 feet. It's in our LDC. That's the minimum size of an apartment unit; it's 450 feet. It's what our regulations state. Now, what's customarily approved is 750; what's in our code is 450 square feet. So we have -- and what that means is you're offering a range of housing opportunities from 450 square feet to an unlimited number. My suggestion would be, as we anticipate when we're going to bring the GMP amendments before the Planning Commission, I will coordinate with the Housing Department, and we can -- we can set a -- you're suggesting a month before those meetings happen to give an overview of affordable housing best practices from the professionals that we have retained that know more about it than we do the specifics of it, and we can coordinate that for the Planning Commission's benefit prior to the meeting where we bring the GMP amendments where we are going to be discussing the proposed housing amendments. COMMISSIONER VERNON: And that's what I'd like to happen. That's what I'm proposing that we do. CHAIRMAN FRYER: Go ahead. COMMISSIONER FRY: I would just point out that it's not an official policy. It's a customary practice. It came up today. It comes up every time we hear an apartment complex, a rental complex, so in my opinion the sooner the better that we have some background on the housing practices and why that 750 limit is -- makes sense. CHAIRMAN FRYER: Commissioner Schmitt. COMMISSIONER SCHMITT: Don't we have that limit in the Bayshore/Gateway, that 450 in some of the areas? The artists' apartments? Does Bayshore have -- wasn't it approved, the smaller units in that overlay? I can't recall. MR. BOSI: It could be. I'd have to coordinate -- COMMISSIONER SCHMITT: I mean -- and just for the board members, I mean, this -- as my time on the Planning Commission, we have debated this extensively. I mean, some of the members here who were not -- it probably had to have been two years ago, and I think the latest was that proposal that came in on Thomasson Drive. And, in fact, it was a pretty good proposal, but it was denied based on the size of the units. And I think they ended up building it, but they ended up building a little larger unit. COMMISSIONER HOMIAK: I think they built them smaller. It's built, and there's studios in it. COMMISSIONER SCHMITT: There's studios. COMMISSIONER HOMIAK: Yep. COMMISSIONER SCHMITT: But it's -- I mean, quite frankly, we could look at it as a Planning Commission, but it is a policy decision of the Board of County Commissioners. 5.A.a Packet Pg. 36 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 32 of 34 CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Again, a legal question. I do appreciate your contributions, Jeff. The -- right now if someone came before us with a petition, you know, an applicant, and they wanted to build whatever, housing units, and they met all of the requirements and then they met density requirements, everything -- they didn't ask for any exceptions, and the size of the units, some of them were 450, would we have any basis -- would they have a right to do that, or would we have a basis to say, no, you can't do that because we don't like 450, we like 750? MR. KLATZKOW: The 450 historically has been denied by the Board. COMMISSIONER KLUCIK: Right. But has it been denied by the Board legitimately? I mean, has there been any other reasons that -- where we say -- (Simultaneous crosstalk.) MR. KLATZKOW: Well, you want an answer? It's minimum housing standards, and the Board would feel that, no, we're setting some minimum housing standards here, all right. Now, it's not embedded in the LDC, and maybe it should be, all right. But the Board of County Commissioners has had that discussion on minimum housing standards. COMMISSIONER KLUCIK: So when a petition comes before us and then goes to the County Commissioners, if they meet all of the requirements, then they don't have a right to do that? MR. KLATZKOW: No, you do not have an absolute right to a rezone. COMMISSIONER KLUCIK: No. I'm saying -- okay. And so nothing is zoned at -- nothing is zoned at 450 and so, therefore, everything that comes before us actually is requesting something that has to be approved from scratch? MR. KLATZKOW: It's not compatible. MR. BOSI: That's the key. The determination of compatibility is where your own individual biases stand. COMMISSIONER KLUCIK: Right. So it's -- (Simultaneous crosstalk.) COMMISSIONER KLUCIK: -- compatibility that's the basis for saying no to something -- MR. KLATZKOW: And the problem is, it's a slippery slope because they come in at 450, you'll grant that, then they come in at 400, then they'll come in at 350. Just like I've seen over the years, it used to be four units per acre and then, well, we really need six, and then we really need eight, and you approve the six and you approve the eight, so now we're asking for 10, so you wind up with a slippery slope on density. You'll have the same thing with sizes of units. And, again, perhaps it should be embedded in the LDC. COMMISSIONER KLUCIK: Thank you. CHAIRMAN FRYER: Thank you. No one else is signaling at this time. May I take it that this conversation is concluded? (No response.) CHAIRMAN FRYER: It seems to be. Thank you. So -- COMMISSIONER VERNON: Well, I mean, what's the -- I don't know -- there seems to be two -- if I'm reading everybody correctly, with some reluctance, I think everybody agrees this presentation should be done. I suggested or you suggested, I agreed, a month before we deal with affordable housing issues or changes. Karl said he'd like it as soon as possible. I'm flexible with either. But I just -- if the panel -- if the commissioners agree with me, I'd like to make sure it gets done, is my point. CHAIRMAN FRYER: Well, I certainly do. And, Commissioner Fry, how do you feel about -- well, let me weigh in on this. I would rather see it closer to. In other words, not as soon as possible, but perhaps a month before. In other words, closer to the time when we're actually taking action so that I have it fresh in my elderly mind. COMMISSIONER VERNON: And I'm good with that, if Karl's good with that. COMMISSIONER HOMIAK: I don't know why we can't do it at that time. We have all those 5.A.a Packet Pg. 37 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 33 of 34 changes. That would be the -- that would be the time to do it all together. COMMISSIONER VERNON: I would prefer not to do it at the same time. COMMISSIONER HOMIAK: The stuff will be in the backup. COMMISSIONER VERNON: I understand. But I'd prefer to have a presentation in advance so we can think about it, and I thought the discussion was whether it should be a month before or as soon as possible. If Karl's okay with a month before, then we've got three people saying a month before. COMMISSIONER FRY: I think we're talking about later this year, correct? MR. BOSI: The -- within the next six months. So it may -- the GMP amendments may be scheduled from anywhere between December through February, so we would anticipate when we were scheduling those. After this meeting, I'm going to speak with Kristine Sonntag over within our housing and let her know that the Planning Commission is looking for a discussion on best practices related to affordable housing, particular attention to size -- to square footage, square footage limitations, and how that relates to best practices in anticipation of those GMP amendments. So I can't give you a specific date as to when we think that those GMP amendments are going to be. It's going to be anywhere between December and February. So we will have that a month before, so anywhere from November to January that that pre-discussion with the Planning Commission will be done. COMMISSIONER FRY: That's fine. And I believe this would fall into the category of a seismic shift if anything like this were to change from 750 down. So I don't presume that even a presentation sooner would have any major impact on developments that come before us in the meantime, so I'm fine with that. CHAIRMAN FRYER: Vice Chair, you're standing on your point of view? COMMISSIONER HOMIAK: Yeah. CHAIRMAN FRYER: Okay. Well, then, since we don't have a consensus, we need to have a motion, a second, and a vote. And I think the issue here -- we all want the presentation. The question is, do we have a motion that we do it a month before, do we have a motion that we do it at the time of -- it seems to me that that's the -- that's the universe of decisions here. COMMISSIONER VERNON: I move that we have a presentation approximately a month before we address these affordable housing changes. COMMISSIONER FRY: Second. CHAIRMAN FRYER: Any further discussion? Vice Chair, did you want to weigh in at this time? COMMISSIONER HOMIAK: No. CHAIRMAN FRYER: Okay. All right. There being no further discussion, all those in favor of having it approximately a month before. And may I add a friendly amendment, that the material that is already out there, the 2018 study, if you could get that circulated to the Planning Commission -- MR. BOSI: Sure. CHAIRMAN FRYER: -- sooner than six days before the presentation, because I think it would save everybody a lot of time if we bring ourselves up to speed on what's already out there. MR. BOSI: I'll distribute it by e-mail. CHAIRMAN FRYER: Okay. Would you accept the friendly -- COMMISSIONER VERNON: Oh, absolutely, yes. CHAIRMAN FRYER: And the seconder does, too? COMMISSIONER FRY: Second, yes. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. 5.A.a Packet Pg. 38 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) September 2, 2021 Page 34 of 34 COMMISSIONER FRY: Aye. COMMISSIONER VERNON: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER KLUCIK: Aye. CHAIRMAN FRYER: Opposed? COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRMAN FRYER: It passes 5-2. Thank you. All right. COMMISSIONER SCHMITT: I don't want to hear it again. CHAIRMAN FRYER: Okay. Well -- okay. COMMISSIONER HOMIAK: I've listened to it before many times, many, many times. COMMISSIONER SCHMITT: I'm waiting to see the next petition to come in for containerized housing, converting container units to housing, which has been done in other communities. COMMISSIONER HOMIAK: Tiny houses. COMMISSIONER SCHMITT: So are we going to go down that road next? COMMISSIONER HOMIAK: Tiny houses. COMMISSIONER SCHMITT: I can bring great pictures of containerized houses if you want to see them. CHAIRMAN FRYER: Thank you. Anything further under new business, please? (No response.) CHAIRMAN FRYER: Anything further from the public, which I think has shrunk to zero? (No response.) CHAIRMAN FRYER: Without objection, then, we're adjourned. Thank you very much. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:12 a.m. COLLIER COUNTY PLANNING COMMISSION _____________________________________ EDWIN FRYER, CHAIRMAN These minutes approved by the Board on __________, as presented _________ or as corrected _________. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. 5.A.a Packet Pg. 39 Attachment: 09-02-21CCPC Meeting Minutes- Formatted (20112 : September 2, 2021, CCPC Meeting Minutes) 10/07/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.1 Item Summary: ***NOTE: This item has been Continued to the October 21, 2021 CCPC Meeting *** PL20210001270 AUIR/CIE 2021 - A Resolution relating to the Capital Improvement Element of the Collier County Growth Management Plan, Ordinance 89-05, as amended, providing for the annual update to the schedule of capital improvement projects, within the Capital Improvement Element of the Collier County Growth Management Plan based on the 2021 Annu al Update and Inventory Report on public facilities (AUIR), and including updates to the 5-year schedule of capital projects contained within the Capital Improvement Element (for fiscal years 2022 – 2026) and the schedule of capital projects contained within the Capital Improvement Element for the future 5-year period (for fiscal years 2027 – 2031), providing for severability, and providing for an effective date. [Coordinator: Mike Bosi, Zoning Director] Meeting Date: 10/07/2021 Prepared by: Title: – Zoning Name: Mike Bosi 09/14/2021 11:50 AM Submitted by: Title: – Zoning Name: Mike Bosi 09/14/2021 11:50 AM Approved By: Review: Planning Commission Diane Lynch Review item Completed 09/14/2021 8:20 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 09/15/2021 3:15 PM Growth Management Department James C French GMD Deputy Dept Head Completed 09/19/2021 10:43 AM Planning Commission Edwin Fryer Meeting Pending 10/07/2021 9:00 AM 9.A.1 Packet Pg. 40 10/07/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.2 Item Summary: PL20190002355 GMPA- Immokalee Road/4th Street N.E. Mixed Use Subdistrict - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan and the Rural Golden Gate Estates Future Land Use Map and Map Series to create the Immokalee Road/4th Street N.E. Mixed Use Subdistrict by changing the designation of the property from the Estates-Mixed Use District, Residential Estates Subdistrict to the Estates-Mixed Use District, Immokalee Road/4th Street N.E. Mixed Use Subdistrict, to allow uses permitted by right and conditional use in the General Commercial (C-4) Zoning District with a total maximum intensity of up to 150,000 square feet of gross floor area of development, and a maximum of 400 residential dwelling units, except public uses and group housing are not subject to the maximum gross floor area limitation; and furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is 50.18± acres and located on the northeast corner of the intersection of Immokalee Road and 4th Street N.E. in Section 22, Township 48 North, Range 27 East, Collier County, Florida. Adoption Hearing (Companion Item PL20190002356) [Coordinator: Josephine Medina, Principal Planner] Meeting Date: 10/07/2021 Prepared by: Title: – Zoning Name: Josephine Medina 09/14/2021 4:02 AM Submitted by: Title: – Zoning Name: Mike Bosi 09/14/2021 4:02 AM Approved By: Review: Planning Commission Diane Lynch Review item Completed 09/14/2021 7:50 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 09/15/2021 3:10 PM Zoning James Sabo Additional Reviewer Completed 09/20/2021 4:48 PM Zoning Mike Bosi Zoning Director Review Completed 09/20/2021 5:06 PM Growth Management Department James C French GMD Deputy Dept Head Completed 09/20/2021 8:11 PM Planning Commission Edwin Fryer Meeting Pending 10/07/2021 9:00 AM 9.A.2 Packet Pg. 41 CP-2020-1 / PL20190002355 Page 1 of 6 Immokalee Road/4th Street Mixed-Use Subdistrict 09/16/2021 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: OCTOBER 7, 2021 SUBJECT: PETITION CP-2020-1 / PL20190002355, GROWTH MANAGEMENT PLAN AMENDMENT (Companion to MPUD PL20190002356) [ADOPTION HEARING] ELEMENT: RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN AGENT/APPLICANT/OWNER(S): Collier County, a Political Subdivision of the State of Florida c/o Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 Richard D. Yovanovich, Successor Trustee of various Land Trusts Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 D. Wayne Arnold, AICP Q. Grady Minor and Associates, P. A. 3800 Via Del Rey Bonita Springs, Florida 34134 Richard D. Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject property comprises approximately 50.18 acres and is located between 4th Street NE and Immokalee Road, south and west of Orange Tree Boulevard. The property has approximately 762 feet of frontage on 4th Street N.E., and 2,200 feet of frontage on Immokalee Road. The property lies within the Rural Estates Planning Community, in Section 22, Township 48 South, Range 27 East. 9.A.2.a Packet Pg. 42 Attachment: 01_CCPC Adoption Staff Report - 091721 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) CP-2020-1 / PL20190002355 Page 2 of 6 Immokalee Road/4th Street Mixed-Use Subdistrict 09/16/2021 PURPOSE/DESCRIPTION OF PROJECT: The petition is proposed to allow for new mixed, commercial and residential development, up to a maximum of 150,000 square feet of gross leasable floor area of C-4, General Commercial zoning district land uses, and, up to a maximum of 400 residential dwelling units. Public uses, residential uses and group housing uses are not subject to the 150,000 square feet of gross commercial floor area limitation. The intent is to shift or transfer a portion of the commercial square footage to the Immokalee Road – 4th Street Commercial Subdistrict project from the Estates Shopping Center Subdistrict project. REQUESTED ACTION: To establish a new Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element text, and Rural Golden Gate Estates Future Land Use Map and Map Series of the Growth Management Plan (GMP) by: 1) Amending Policy 1.1.4 Estates ‒ Mixed-Use District to add the Immokalee Road/4th Street Mixed-Use Subdistrict name where District and Subdistrict designations are identified, 2) Amending the Estates Designation to exempt the new Subdistrict from the prohibition of multifamily dwelling units, duplexes, and other structures containing two or more dwelling units within this Designation, Proposed Subject Site 9.A.2.a Packet Pg. 43 Attachment: 01_CCPC Adoption Staff Report - 091721 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) CP-2020-1 / PL20190002355 Page 3 of 6 Immokalee Road/4th Street Mixed-Use Subdistrict 09/16/2021 3) Amending the Estates – Mixed-Use District to add the new Subdistrict provisions, to include those commercial uses permitted by right and by conditional uses in the C-4 zoning district, 4) Adding the title of the new Subdistrict map to the itemized Future Land Use Map Series listing, and 5) Amending the Future Land Use Map to depict the new Subdistrict, adding a new Future Land Use Map Series inset map that depicts the new Subdistrict. The Subdistrict language proposed by this amendment is found in Ordinance Exhibit “A”. Note: A companion PUD amendment petition is scheduled for this same hearing. PREVIOUS TRANSMITTAL ACTIONS: Transmittal hearings on the proposed Growth Management Plan amendment were held on April 19, 2021 by the CCPC (Collier County Planning Commission). The Transmittal recommendations/ actions are presented below. Within CCPC materials provided, you will find the transcript of the April 19, 2021 CCPC transmittal hearing, and the CCPC staff report for the petition, which provides staff’s detailed analysis of the petition. In accordance with Chapter 163.3184(3)(b)1., F.S., pertaining to the Expedited State Review Process, this Transmittal package was provided to the Florida Department of Economic Opportunity (DEO) and other reviewing agencies on July 06, 2021. TRANSMITTAL: STAFF RECOMMENDATION: To Transmit to DEO subject to applicant identifying in the PUD what C-4 uses are being proposed. CCPC RECOMMENDATION: Transmit to DEO (Vote 5/5), subject to modifications as cited by staff. BOARD ACTION: Transmit to DEO (Vote 4/0). STAFF SUMMARY OF THE NEIGHBORHOOD INFORMATION MEETING: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05.F was [duly advertised, noticed and] held on Wednesday, December 09, 2020, 5:30 p.m. at North Collier Regional Park, Conference Room A, 15000 Livingston Road, Naples . Approximately 20 people attended in-person and 4 people via Zoom connections, other than the application team and County staff attended ‒ and heard the following information: The agents representing this petition (Rich Yovanovich, D. Wayne Arnold) introduced other members of the application team present. They also introduced staff Planner representing Collier County ‒ Corby Schmidt, AICP, Principal Planner and project coordinator for the GMP amendment petition. 9.A.2.a Packet Pg. 44 Attachment: 01_CCPC Adoption Staff Report - 091721 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) CP-2020-1 / PL20190002355 Page 4 of 6 Immokalee Road/4th Street Mixed-Use Subdistrict 09/16/2021 Mr. Yovanovich identified the two subject property’s locations , fronting on 4th Street NE, and on Immokalee Rd. at the Randall Blvd. intersection. He described the proposed commercial development of 150,000 sq. ft. of C-4 intensity, both by- right and conditional use commercial uses, multi-family residential uses, that the new Subdistrict would allow. A Zoom caller asked about the multi-family product planned for the development. Mr. Arnold answered that these could be houses or multi-family, condos or apartments. Mr. Yovanovich added how no vehicular access will be allowed to/from 4th St. Mr. Arnold added that the property located to the north also removed their proposed access to 4th St. The information meeting was completed by 6:20 p.m. The applicant transcribed the full proceedings of this meeting, and that transcript, along with their PowerPoint presentation and presentation notes have been copied and are on record. [Summary prepared by C. Schmidt, AICP, Principal Planner] A copy of the NIM summary and related documents are included in the back-up materials. REVIEW AGENCY LETTERS: After BCC approval to transmit the GMPA May 25, 2021(Resolution 2021-109) and in accordance with Chapter 163.31.84(3)(a) F.S., staff prepared a letter/packet requesting State agencies review the Transmitted amendment with each reviewing agency’s authorized scope of review, the Florida Department of Economic Opportunity (DEO), as well as the Florida Department of Environmental Protection (DEP), Florida Department of Agriculture and Consumer Services/Florida Forest Service, Florida Department of State/Bureau of Historic Preservation, Florida Fish and Wildlife Conservation Commission, South Florida Water Management District (SFWD), Southwest Florida Regional Planning Council, and Florida Department of Transportation rendered their comment letters indicating “no comment’ or “no adverse impacts found” or the agency did not respond. The Comments Letters received are located within materials provided to the CCPC. The remaining reviewing agencies did not provide a Comment Letter. Florida State Statutes state the following under “Expedited State Review Process for Adoption of Comprehensive Plan Amendments” Chapter 163.3184 (4) (c) 1, “The local government shall hold its second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments pursuant to subsection (11). If the local government fails, within 180 days after receipt of agency comments, to hold the second public hearing, the amendments shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected person that provided comments on the amendment…” The County received the DEO agency comment letter on July 6, 2021. The 180-day timeframe to hold the second public hearing on whether to adopt the petition ends on January 2, 2022. 9.A.2.a Packet Pg. 45 Attachment: 01_CCPC Adoption Staff Report - 091721 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) CP-2020-1 / PL20190002355 Page 5 of 6 Immokalee Road/4th Street Mixed-Use Subdistrict 09/16/2021 ADOPTION: Subsequent to GMPA transmittal to the DEO, Exhibit “A” was revised with the following changes: • Addition of the exception of this new subdistrict from prohibition of structures containing two or more principal dwelling units within all Districts and Subdistricts of the Estates Designation. Requested by staff for consistency with GGAMP • Addition of public uses, residential uses and group housing uses not being subject to the commercial floor area limitation. Requested by applicant. • Replacing word “buffer” with “preserve” to identify the minimum vegetation width adjacent to 4th Street N.E. Requested by staff for consistency with companion PUDA. An excerpt of specific text changes has been provided below. Text deletions are shown in double strike through and text additions are double underlined. B. LAND USE DESIGNATION DESCRIPTION SECTION [Page 9] 1. ESTATES DESIGNATION This designation is characterized by low density semi-rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal non-conforming lots as small as 1.14 acres. Residential density is limited to a maximum of one unit per 2.25 gross acres, or one unit per legal non-conforming lot of record, exclusive of guesthouses. Multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings, are prohibited in all Districts and Subdistricts in this Designation, except within the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** A. Estates ‒ Mixed-Use District *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 6. Immokalee Road/4th Street N.E. Mixed Use Subdistrict [Page 16] This Subdistrict is 50.18± acres in size and is located on the northeast corner of Immokalee Road and 4th Street N.E. The Immokalee Road/4th Street N.E. Mixed Use Subdistrict is intended to provide a variety of commercial, office and residential land uses. Development within the Subdistrict shall be subject to the following: a. The subdistrict shall be rezoned to a Planned Unit Development (PUD). b. The rezone Ordinance must include standards for a common architectural theme as well as development standards and buffers to insure compatibility with surrounding properties. c. Allowable commercial uses shall be limited to those permitted by right and by conditional uses in the C-4, Commercial General zoning district, as listed in the Collier County Land Development Code, Ordinance No. 04-41, as amended. 9.A.2.a Packet Pg. 46 Attachment: 01_CCPC Adoption Staff Report - 091721 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) CP-2020-1 / PL20190002355 Page 6 of 6 Immokalee Road/4th Street Mixed-Use Subdistrict 09/16/2021 d. Development is limited to a maximum intensity of 150,000 square feet of gross floor area and a maximum of 400 residential dwelling units. Public uses, residential uses and group housing uses are not subject to the 150,000 square feet of gross commercial floor area limitation. e. In lieu of the preservation requirement in Policy 6.1.1 of the CCME, fifteen (15) percent of the on-site native vegetation shall be retained, which shall principally be located adjacent to 4th Street N.E. to serve as a preserve and buffer to nearby residences. The minimum bufferpreserve width adjacent to 4th Street N.E. shall be 75 feet for that portion of the subdistrict located north of the previously cleared portion of the site utilized for Collier County stormwater management. f. The water management system serving development within the subdistrict shall provide for the water quality pretreatment and attenuation for that portion of the property originally designed to be utilized for water management area for Immokalee Road; however, the area necessary to provide for required Immokalee Road water management may be relocated throughout the subdistrict. Permitting for the overall water management shall be coordinated through Collier County and permitted by the South Florida Water Management District (SFWMD). STAFF RECOMMENDATION: Staff recommends that the County Planning Commission forward Petition CP-2020-1 / PL20190002355 to the Board of County Commissioners with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity and reviewing agencies that provided comments. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney’s Office on September 16, 2021. The criteria for growth management plan amendments and land use map amendments are in Sections 163.3177(1)(f) and 163.3177(6)(a)2 and 163.3177(6)(a)8, Florida Statutes. G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2020 Cycles & Smalls\CP-20-1, Immokalee Rd-4th St Subd GGAMP\CCPC\01_CCPC Adoption Staff Report - 091621.docx 9.A.2.a Packet Pg. 47 Attachment: 01_CCPC Adoption Staff Report - 091721 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.b Packet Pg. 48 Attachment: 02_CCPC Adoption Ordinance 092121 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.b Packet Pg. 49 Attachment: 02_CCPC Adoption Ordinance 092121 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.b Packet Pg. 50 Attachment: 02_CCPC Adoption Ordinance 092121 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Words underlined are added; words struck through are deletions EXHIBIT A GOLDEN GATE AREA MASTER PLAN RURAL GOLDEN GATE ESTATES SUB-ELEMENT TABLE OF CONTENTS [Page iii] Page A. Goals, Objectives and Policies 1 B. Land Use Designation Description Section 9 1. ESTATES DESIGNATION 9 A. Estates – Commercial District 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Uses Subdistrict 4. Mission Subdistrict 5. Everglades – Randall Subdistrict 6. Immokalee Road/4th Street N.E. Mixed Use Subdistrict *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** C. List of maps 27 Rural Golden Gate Estates Future Land Use Map Golden Gate Estates Neighborhood Centers Wilson Boulevard/Golden Gate Boulevard Neighborhood Center Golden Gate Boulevard/Everglades Boulevard Neighborhood Center Immokalee Road/Everglades Boulevard Neighborhood Center Randall Boulevard Commercial Subdistrict Mission Subdistrict Estates Shopping Center Subdistrict Estates Shopping Center Subdistrict Conceptual Plan Everglades – Randall Subdistrict Immokalee Road/Randall Boulevard Planning Study Area Immokalee Road/4th Street N.E. Mixed Use Subdistrict PL20190002355/CP-20-1 09/17/2021 Page 1 of 5 9.A.2.b Packet Pg. 51 Attachment: 02_CCPC Adoption Ordinance 092121 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Words underlined are added; words struck through are deletions *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** A. GOALS, OBJECTIVES AND POLICIES [Page 1] GOAL 1: TO GUIDE LAND USE AND PUBLIC FACILITY DECISION MAKING AND TO BALANCE THE NEED TO PROVIDE BASIC SERVICES WITH NATURAL RESOURCE CONCERNS THROUGH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH ENSURE THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE OF THE LOCAL RESIDENTS. OBJECTIVE 1.1: Develop new or revised uses of land consistent with designations outlined on the Rural Golden Gate Estates Future Land Use Map and provisions found in the Land Use Designation Description Section of this Sub-Element. *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** Policy 1.1.4: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. ESTATES – MIXED USE DISTRICT 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Uses Subdistrict 4. Mission Subdistrict 5. Everglades – Randall Subdistrict 6. Immokalee Road/4th Street N.E. Mixed Use Subdistrict *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** B. LAND USE DESIGNATION DESCRIPTION SECTION [Page 9] *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** 1. ESTATES DESIGNATION This designation is characterized by low density semi-rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal non-conforming lots as small as 1.14 acres. Residential density is limited to a maximum of one unit per 2.25 gross acres, or one unit per legal non -conforming lot of record, exclusive of guesthouses. Multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings, are prohibited in all Districts and Subdistricts in this Designation , except within the Immokalee Road/4th Street N.E. Mixed Use Subdistrict . *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** A. Estates ‒ Mixed-Use District *** *** *** *** *** *** *** TEXT BREAK *** *** *** *** *** *** PL20190002355/CP-20-1 09/17/2021 Page 2 of 5 9.A.2.b Packet Pg. 52 Attachment: 02_CCPC Adoption Ordinance 092121 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Words underlined are added; words struck through are deletions 6. Immokalee Road/4th Street N.E. Mixed Use Subdistrict [Page 16] This Subdistrict is 50.18± acres in size and is located on the northeast corner of Immokalee Road and 4th Street N.E. The Immokalee Road/4th Street N.E. Mixed Use Subdistrict is intended to provide a variety of commercial, office and residential land uses. Development within the Subdistrict shall be subject to the following: a. The subdistrict shall be rezoned to a Planned Unit Development (PUD). b. The rezone Ordinance must include standards for a common architectural theme as well as development standards and buffers to insure compatibility with surrounding properties. c. Allowable commercial uses shall be limited to those permitted by right and by conditional uses in the C-4, Commercial General zoning district, as listed in the Collier County Land Development Code, Ordinance No. 04-41, as amended. d. Development is limited to a maximum intensity of 150,000 square feet of gross floor area and a maximum of 400 residential dwelling units. Public uses, residential uses and group housing uses are not subject to the 150,000 square feet of gross commercial floor area limitation. e. In lieu of the preservation requirement in Policy 6.1.1 of the CCME, fifteen (15) percent of the on-site native vegetation shall be retained, which shall principally be located adjacent to 4th Street N.E. to serve as a preserve and buffer to nearby residences. The minimum preserve width adjacent to 4th Street N.E. shall be 75 feet for that portion of the subdistrict located north of the previously cleared portion of the site utilized for Collier County stormwater management. f. The water management system serving development within the subdistrict shall provide for the water quality pretreatment and attenuation for that portion of the property originally designed to be utilized for water management area for Immokalee Road; however, the area necessary to provide for required Immokalee Road water management may be relocated throughout the subdistrict. Permitting for the overall water management shall be coordinated through Collier County and permitted by the South Florida Water Management District (SFWMD). PL20190002355/CP-20-1 09/17/2021 Page 3 of 5 9.A.2.b Packet Pg. 53 Attachment: 02_CCPC Adoption Ordinance 092121 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Immokalee RDRandall BLVD EXHIBIT A PL201900 02355/CP-20-1 IMM O KA LE E RO A D -4TH STRE ET SUBD ISTRICT COLLIER COUN TY, FLORIDA º0 500 1,000250 Feet D R A F T SUBJECTSITE ADOPTED - XXXX, XXXX(Ord. No. XXXX-X)PREPARED BY: BETH YANG, AICPGROWTH MANAGEMENT DEPT.FILE: IMMO KALEE RD COM MERCIAL CENTER SUBDISTRICT LOCATION MAP DRAFT.M XDDATE: JUNE 2020 LEGEND IMMOKALEE ROAD - 4TH STREET SUBDISTRICT 09/17/2021 Page 4 of 5 9.A.2.b Packet Pg. 54 Attachment: 02_CCPC Adoption Ordinance 092121 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) COLLIER BLVDCOLLIER BLVDTA MIA MIT RL E INTERSTATE 75 INTERSTATE 75I-75I-75RANDALL BLVD C.R. 951IMMOKALEE RD C.R. 951S.R. 84 EVERGLADES BLVD SDESOTO BLVD SVANDERBILT BEACH RD IMMOKALEE RD OIL WELL RD COLLIER BLVDLIVINGSTON RDDAVIS BLVD PINE RIDGE RD EVERGLADES BLVD NRADIO RD G.G. PKWY DESOTO BLVD SLOGAN BLVD NSANTA BARBARA BLVDDESOTO BLVD NVANDERBILT BEACH RD GOLDEN GATE BLVD EVERGLADES BLVD SGOLDEN GATE BLVD GREEN BLVD RATTLESNAKE HAMMOCK RD WILSON BLVD COUNTY BARN RDT51ST50ST49ST48ST47SR 26 E R 27 E R 28 E R 29 E RURAL GOLDEN GATEFUTURE LAND USE MAP 0 1 2 30.5 Miles PREPARED BY: BETH YANG, AICPGROWTH MANAGEMENT DEPT.DATE: 6/2020FILE: Immokalee Rd Commercial Center Rural GG Estates FLU Map Draft.mxd ° RURAL GOLDEN GATE ESTATESFUTURE LAND USE MAP THIS MAP CAN NOT BE INTERPRETED WITHOUT THE GOALS, OBJECTIVES, POLICIES AND LAND USE DESIGNATION DESCRIPTION SECTION OF THE GOLDENGATE AREA MASTER PLAN. NOTE : AD OP TED - SEPTE MB ER 24, 2019 AGRICULTURAL / RURAL DESIGNATION Southern Golden Gate Estates NaturalResource Protection Area Overlay OVERLAYS AND SPECIAL FEATURES ESTATES DESIGNATIONMIXED USE DISTRICT Residential Estates Subdistrict Neighborhood Center Subdistrict Rural Settlement Area District Conditional Uses Subdistrict COMMERCIAL DISTRICT Mission Subdistrict Everglades-Randall Subdistrict Randall Boulevard Commercial Subdistrict Estates Shopping Center Subdistrict Immokalee Road - 4th Street Subdistrict EXHIBIT "A"PETITION PL20190002355 / CP-20-1 AMENDED - XXX X, XX XX D R A F T Immokalee Road - 4th StreetSubdistrict 09/17/2021 Page 5 of 5 9.A.2.b Packet Pg. 55 Attachment: 02_CCPC Adoption Ordinance 092121 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 1 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: April 15, 2021 SUBJECT: PETITION CP-2020-1 / PL20190002355, GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] ELEMENT: RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN APPLICANTS/OWNERS/AGENTS: Collier County, a Political Subdivision of the State of Florida c/o Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 D. Wayne Arnold, AICP Richard D. Yovanovich, Esq. Q. Grady Minor and Associates, P. A. Coleman, Yovanovich & Koester, P.A. 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs, Florida 34134 Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject property comprises approximately 50.18 acres and is located between 4th Street NE and Immokalee Road, south and west of Orange Tree Boulevard. The property has approximately 762 feet of frontage on 4th Street NE, and 2,200 feet of frontage on Immokalee Road. The property lies within the Rural Estates Planning Community, in Section 22, Township 48 South, Range 27 East. SUBJECT PROPERTY 9.A.2.c Packet Pg. 56 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 2 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element PURPOSE/DESCRIPTION OF PROJECT: The petition is proposed to allow for new mixed, commercial and residential development, up to a maximum of 150,000 square feet of gross leasable floor area of C-4, General Commercial zoning district land uses, and, up to a maximum of 400 condominiums as (single-family or multi- family) residential units, or as apartments. The intent is to shift or transfer 140,000 square feet of the commercial floor area from the Estates Shopping Center project at the intersection of Wilson and Golden Gate Blvd to the Immokalee Road – 4th Street Commercial Subdistrict project. The proposal reduces the Estates Shopping Center project from 190,000 square feet of commercial to 50,000 square feet. REQUESTED ACTION: To establish a new Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element text, and Rural Golden Gate Estates Future Land Use Map and Map Series of the Growth Management Plan (GMP) by: 1) Amending Policy 1.1.4 Estates ‒ Mixed-Use District to add the Immokalee Road/4th Street Mixed-Use Subdistrict name where District and Subdistrict designations are identified, 2) Amending the Estates – Mixed-Use District to add the new Subdistrict provisions, to include those commercial uses in the C-4 zoning district, 3) Adding the title of the new Subdistrict map to the itemized Future Land Use Map Series listing, and 4) Amending the Future Land Use Map to depict the new Subdistrict, adding a new Future Land Use Map Series inset map that depicts the new Subdistrict. The Subdistrict language proposed by this amendment is found in Resolution Exhibit “A”. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: Subject Property: The subject property is zoned E, Estates district and undeveloped. A 10-acre parcel (the “Randall Curve” property), which is being held by the County for public uses, is not included here. The current Future Land Use designation is Estates ‒ Mixed Use District, Residential Estates Subdistrict, and allows single-family residential development; parks, recreation and open space uses; institutional uses, e.g., churches and places of worship, group housing, nursing homes, social and fraternal organizations, public and private schools; a variety of agricultural uses; and essential services. Surrounding Lands: North: Immediately north of the subject property is the (tentatively-designated) Immokalee Road – Estates Commercial Subdistrict. Properties further north along the 4th Street NE frontage are developed residentially, while properties north along the Immokalee Rd. frontage are undeveloped. The Future Land Use designation for these land areas to the north is the Residential Estates Subdistrict. East: Immediately adjacent to the south and east is Immokalee Rd. Immediately east of the subject property, across Immokalee Rd. (a 6-lane divided arterial roadway) is zoned MPUD for the Orange Tree Mixed-Use Planned Unit Development, and developing as a mixed-use 9.A.2.c Packet Pg. 57 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 3 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element community. Further east, land is zoned Orange Blossom Ranch MPUD, developing with a residential community. The Future Land Use designation for these land areas to the east is Agricultural/Rural ‒ Rural Settlement Area District. South: Immediately adjacent to the south is Immokalee Rd. Properties south, across Immokalee Rd., land are zoned MPUD for the Orange Tree Mixed-Use Planned Unit Development, and developing as a commercial component of the mixed-use community. Further south lies the Randall Blvd. Commercial Subdistrict West: Immediately west of the subject property, across 4th Street NE (a 2-lane undivided roadway) properties are zoned E, Estates district, and developed residentially. Then further west, land is zoned E, Estates, and contains parcels is land characterized by single-family residences and residential lots. These E-zoned parcels are within the Golden Gate Estates subdivision. The Future Land Use designation for these land areas to the west is the Residential Estates Subdistrict. In summary, the current zoning, and existing and planned land uses, in the area immediately surrounding the Subdistrict property are primarily suburban- and estate-type residences or residential lots to the north and west, while potential and tentative commercial properties lie to the east and south. BACKGROUND, CONSIDERATIONS AND ANALYSIS: This report addresses the minimum amount of [commercial] land needed to accommodate anticipated growth based on projected permanent and seasonal population of the area. This is accomplished through the analysis of the subject property and the surrounding area that includes inventorying the supply of existing commercially-developed and potential commercially- developable land, determining population growth, estimating the amount of commercial development that population will demand, and determining whether the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan (GGAMP) allocates a sufficient amount of commercial land to accommodate growth. Goal 3 directs the County “to provide for limited commercial services and conditional uses for purposes of serving the rural needs of Golden Gate Estates residents, shortening vehicular trips, and preserving rural character.” Objective 3.2 of the Rural Golden Gate Estates Sub-Element further directs the County “to provide for new commercial development within Neighborhood Centers and other Commercial Land Use Designations.” These “other commercial land use designations” are addressed in Policy 3.2.1, which identifies a Randall Blvd. and Oil Well Rd. Corridor Study [2021]. This corridor study recognizes that future land uses be may be changed to commercial designations in this area. Appropriateness of the Site and the Change: Real Estate Econometrics, Inc. (REEI) provided a residential market analysis (August 26, 2020) and it is part of the supporting data & analysis submitted with GMPA application materials (Exhibit V.D.1.). The REEI research document analyzes the specific need for single-family, duplex, multiple-family, townhome, and group housing for seniors. The research is for 400 residential units and it does recognize that 400 low-density single-family units will not fit on the project parcel. Page 20 of the REEI report indicates that the supply of market rate rental apartments will turn negative in 2022. With the addition of the proposed 400 residential units, there will be a minimal 9.A.2.c Packet Pg. 58 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 4 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element surplus through 2025. The REEI analysis contends that the subject property’s 400 proposed apartment units will address the need for apartment units in 2022. Their analysis indicates that the projected population growth provides sufficient demand for market-based apartments. The proposed density is 8 DU/A. Regarding the GMP amendment, staff finds that the proposed GMP amendment is reasonably compatible with surrounding properties based on the REEI residential market analysis. The rezone petition to implement the proposed subdistrict will need to address specific compatibility measures, including maximum building height; landscape buffers, preserve area location, and open space; building locations and minimum setbacks; and building massing and orientation. Commercial Analysis The C-3, Commercial Intermediate, zoning district allows multi-family residential uses. Commercial Development: Characteristics of the area immediately surrounding the subject property reveal a trend toward commercial development. Existing and planned land uses in the area are primarily suburban- and estate-type residences or residential lots to the north and west, except to the east and south – where Commercial uses are planned. Within four miles from the subject property, commercial development is evident, including the following approved projects: ♦ Orange Blossom Ranch commercial component (200,000 sq. ft./44.0 ac.) [±2.0 miles east at Oil Well Rd.] (200,000 sq. ft. developable) ♦ Orange Tree commercial component (332,000 sq. ft./33.3 ac.) [immediately east at the Immokalee Rd. – Orange Tree Blvd. intersection] (53,342 sq. ft. developed – 278,658 sq. ft. developable) ♦ Randall Boulevard Center (21,000 sq. ft./5.15 ac.) [±0.65 mile south at the Immokalee Rd. – Randall Blvd. intersection] (3,350 sq. ft. developed – 17,650 sq. ft. developable) ♦ Mir-Mar (20,000 sq. ft./2.38 ac.) [±0.66 mile south at the Immokalee Rd. – Randall Blvd. intersection] (19,000 sq. ft. developed – 1,000 sq. ft. developable) ♦ Wilson Boulevard Center (42,000 sq. ft.) [±4.0 road miles south at the Wilson Blvd. – Golden Gate Blvd. intersection] (41,038 sq. ft. developed) ♦ Heritage Bay PUD/DRI commercial component (230,000 sq. ft./73.5 ac.) [±2.0 miles east] (179,086 sq. ft. developed – 50,914 sq. ft. developable) ♦ Immokalee Road - Estates Commercial Subdistrict (200,000 sq. ft./19 ac.) adjacently north] (200,000 sq. ft. developable) These sites, generally located within the 15-minute drive-time market area currently provide more than 1.25 Million sq. ft. and 308 acres of commercial use opportunities in the [Urban Land Institute (ULI)-defined] Neighborhood Center, Community Center, and Regional Center development categories, as revealed by the commercial needs analysis evaluated below. Generally, commercial development can be categorized as strip commercial, neighborhood commercial, community commercial, regional commercial, and so forth, based upon shopping center size, commercial uses, and population/area served. Based on specific studies and/or demographic data for an area, such as population, income, household size, percentage of income 9.A.2.c Packet Pg. 59 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 5 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element spent on retail goods, etc., an analyst is able to estimate supportable commercial square feet for different commercial intensities for that geography by shopping center type. The petitioner characterizes development proposed for this Subdistrict as a community shopping center. The community shopping center is larger than a neighborhood center with neither a traditional department store nor the trade area of a regional shopping center. The Environmental Systems Research Institute (ESRI) calculates drive times and explains, in general, community centers have a drive time [market] area of 10 to 20 minutes depending on the size [given 192,700 sq. ft. average total floor space & 177,328 sq. ft. median floor space]. Petitioner’s Commercial Needs Analysis: The firm of REEI conducted a Commercial Needs Analysis, updated to August 26, 2020 independently analyzing market conditions for this petition (Exhibit “V.D1”). This analysis provides context for assessing a specific selection of goods and services’ requirements of the emerging population within the market area identified. The Analysis provided the following data and analysis: Population Growth Around Subject Property This section provided an overview of population growth (utilizing 2018 figures) and applied a multiplier to estimate and forecast populations on which to base the remainder of the Analysis. The Analysis identified a 15-minute drive time as its market area for this medium-size community shopping center. This 15-minute drive time area is delineated in this figure, copied from the Analysis. For their evaluation, a continuing increase in population was utilized. It estimates a 54,431 population for the market area in 2020, and projects 70,862 people in 2030, and 99,100 people in 2040. Market Area Demand Countywide population figures were then apportioned to the 15-minute drive time market area to represent any additional commercial demand for this location. This calculation yielded a demand of 22.29 sq. ft. of commercial space per capita. The market area can support 1,213,473 sq. ft. of all commercial needs in this market area at this time; 1,579,788 sq. ft. of commercial needs in this market area by 2030; and 2,209,305 sq. ft. of commercial needs in this market area by 2040. (Table 7) Market Area Supply The applicant’s Needs Analysis inventoried 725,404 sq. ft. of existing commercial development (on 114.54 ac.) of developed “competing commercial parcels” located in the market area. The Needs Analysis inventoried (approximately 701,050 sq. ft. of undeveloped commercial) on 110.69 acres of undeveloped “competing parcels” located in the market area. The supply analysis suggests no less than 1,426,467 sq. ft. of developed and undeveloped commercial space is available in the market area. Their total supply figure of 1,761,404 accounts for commercial locations with potential, approved-but-undeveloped, to-be-transferred and other similar square footage. 9.A.2.c Packet Pg. 60 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 6 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element Note: the CIGM identifies a supply of 1,691,857 sq. ft. developed and undeveloped commercial space available in the market area. Supply – Demand Analysis This section applied a diminishing allocation ratio, allowing the market to function in the sale, usage and allocation of land over time. This suggests the growing market area can support the additional commercial uses (2,209,305 Demand/1,691,857 Supply = 517,448 total sq. ft. Demand) in this market by 2040). Staff Assessment of Petitioner’s Commercial Needs Analysis The Collier Interactive Growth Model (CIGM) characterizes development proposed for this Subdistrict as a community shopping center. All development in this area is proposed by staff as limited to “community commercial” center C-3 intensity uses, which is less commercial intensity than the proposed C-4 by the applicant. Staff assesses this C-3 limitation to be a fair and uniform application of the CIGM. The analysis provided in the Needs Analysis is an objective population-based demand methodology and suspends our reliance on evaluating certain types of businesses to demonstrate need. Not all commercial uses allowed in the C-4, General Commercial zoning district – by right and by Conditional Use, as proposed – were analyzed however, and not all uses analyzed were demonstrated to have supportable demand. The intensities of C-4 commercial uses and activities allowing for the outside storage of merchandise, such as automobile sales, rental and leasing, marine vessel and recreational vehicle (RV) dealers, and the renting and leasing of equipment; mini- and self-storage warehousing; hotels and motels; and, certain entertainment and recreational attractions are disparate with low density single-family residential areas. These disparities, if allowed by this Subdistrict, introduce incompatibilities between potentially non-complimentary land uses that may not be overcome in rezoning. This uncertainty leads staff to consider a lower commercial intensity for the Subdistrict overall, and to defer review of any Conditional Use proposed. The uses shown to be appropriately suited to “community commercial” centers are: apparel and accessory stores, auto and home supply stores, building cleaning and maintenance services, cable and other pay television services including communications towers up to specified height, subject to section 5.05.09, carwashes provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this code, computer and computer software stores, dance studios, schools and halls, indoor, department stores, disinfecting and pest control services, eating and drinking establishments excluding bottle clubs. all establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01, electrical and electronic repair shops, food stores, general merchandise stores, hardware stores, home furniture and furnishings stores, household appliance stores, medical and dental laboratories, musical instrument stores, nursing and professional care facilities, paint stores, personal services, miscellaneous, radio, television and consumer electronics stores, repair services - miscellaneous (except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair), research, development and testing services, retail – miscellaneous, telephone communications including communications towers up 9.A.2.c Packet Pg. 61 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 7 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element to specified height, subject to section 5.05.09, veterinary services, excluding outside kenneling, and watch, clock and jewelry repair. The County’s CIGM provides for an average 8,878 sq. ft. of commercial floor space/acre in community commercial centers. Just as the County approved for the Immokalee Road – Estates Commercial Subdistrict located adjacently north, the proposed Subdistrict is recommended to be limited to the same C-3 intensity of uses suited to “community commercial” centers. This amounts to a lower commercial intensity (than is proposed) of overall commercial floor space. Additionally, the intensities of the commercial uses themselves, only where shown to be appropriately suited to “community commercial” centers, and approved by the companion Planned Unit Development rezone will be supported. ENVIRONMENTAL IMPACTS: An Environmental Report, dated September 2019, prepared by Marco Espinar of Collier Environmental Consultants, Inc. was submitted with this petition (Exhibit “V.C”). Environmental review specialists with Collier County’s Development Review Division, Environmental Planning Section reviewed these documents and provided the following comments: The proposed GMP amendment has no effect on the requirements of the Conservation and Coastal Management Element (CCME) of the GMP. Native vegetation on site will be retained in accordance with the requirements of CCME Policy 6.1.1 and section 3.05.07 of the LDC. Regarding Flood Zone Information for PL20190002355: The planning project includes the following parcels: 37690040003 and 37690040100, as shown on the following snip from the Digital Flood Insurance Rate Map (DFIRM) as shown on ArcReader. The yellow and purple areas marked X and X500 flood zones are not in the Special Flood Hazard Area (SFHA). These flood zones are moderate to low risk and do not have assigned base flood 9.A.2.c Packet Pg. 62 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 8 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element elevations (BFEs). The remaining beige areas are flood zone AH, are within the SFHA, and do have BFEs. There are four BFEs for those areas within the SFHA. These are labeled as sections A, B, C, and D. The section marked A is for all of the SFHA section west of the 14.5’ contour line. This same contour line carries through the areas marked X and X500. This same principle works for the other sections. The SFHA west of this contour line (marked A) has a BFE of 14.5’ NAVD. The SFHA between the 14.5’ and 15’ contour lines (marked B) has a BFE of 15’ NAVD. The SFHA between the 15’ and 15.5’ contour lines (marked C) has a BFE of 15.5’ NAVD. The SFHA east of the 15.5’ contour line (marked D) has a BFE of 16’ NAVD. 9.A.2.c Packet Pg. 63 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 9 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element TRAFFIC CAPACITY/TRAFFIC CIRCULATION IMPACT ANALYSIS, INCLUDING TRANSPORTATION ELEMENT CONSISTENCY DETERMINATION: JMB Transportation Engineering, Inc., submitted a Traffic Impact Statement, updated to 10/27/2020 (Exhibit “V.E1”). The project’s area of influence was determined to be Immokalee Road north (east) and south (west) of the project at the Randall Boulevard intersection. The analysis studied: • Immokalee Rd., from Collier Blvd. (west) to north of Oil Well Rd. (east); • Vanderbilt Beach Road, CR 951 to Wilson; • Wilson Blvd., south of Immokalee Rd. to Golden Gate; • Oil Well Rd., from Immokalee Rd. to Desoto; • Randall Blvd., from Immokalee Rd. to Desoto; and those roadways with lesser anticipated trip distribution, and; • Everglades Blvd., from VBR to Randall; Fully 100% of traffic accessing the property comes from Immokalee Rd. (15% southbound /westbound; 85% northbound/eastbound). Based on the traffic impact analysis, the proposed mixed-use project is a significant traffic generator for the roadway network at this location. The proposed mixed-use project would generate (approximately) 8,924 daily gross new trips (2- way) and 753 PM Peak Hour gross new trips routed through two, limited access points, located along the curve in Immokalee Road, commercial frontage, and, through interconnection with the developing commercial project located adjacently north. No access onto 4th Street NE is proposed. Together, commercial development and residential development will work together and be limited by this 753 PM Peak Hour gross new trip figure. Policy 3.2.1 of the Rural Golden Gate Estates Sub-Element also identifies a Randall Blvd. and Oil Well Rd. Corridor Study, after which, an Immokalee Rd./Randall Blvd. Planning Study will evaluate the future land uses along Immokalee Rd. and may propose changes to future land uses. PUBLIC FACILITIES IMPACTS: Application materials submitted include a Public Facilities Level of Service Analysis, updated to August 29, 2019 (Exhibit “V.E”), along with a Public Facilities Map. Issues and concerns are identified regarding impacts on potable water, wastewater management, solid waste, drainage, park and recreational facilities, schools, or EMS and fire control services. • Potable Water System: The subject project lies in the Collier County Water-Sewer District’s Regional Water Service Area and development will be served by Collier County Public Utilities. The proposed Subdistrict will impact the potable water system based on population as follows: o Proposed 400 residential units demand is 216,000 gpd o Proposed commercial use demand is 33,750 gpd FINDING: Comprehensive Planning finds no adverse impacts to the potable water facilities. • Wastewater Treatment System: The subject project currently lies in the service area of a wastewater reclamation facility. The property, however, lies adjacent to the Collier County Water-Sewer District’s North Regional Wastewater Service Area. The proposed Subdistrict 9.A.2.c Packet Pg. 64 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 10 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element will have no impact on the wastewater treatment system since the level of service (LOS) standard is based on population. FINDING: Comprehensive Planning finds no adverse impacts to the wastewater treatment and collection facilities. • Solid Waste Collection and Disposal: The solid waste disposal service provider is Collier County Solid Waste Management. The average daily disposal rate for the mixed-use project is estimated at 1,000 lbs. per day, with an estimated annual disposal of 273,750 lbs., or 292 tons. The AUIR recognizes that the County has approximately 42 years (2061) of remaining landfill capacity, but will reach its additional permitted capacity by or before 2051. FINDING: Comprehensive Planning finds no adverse impacts to the solid waste collection and disposal system. • Stormwater Management System: The 2020 AUIR does not identify any stormwater management improvement projects in the vicinity of the subject property. Future development will comply with the SFWMD and/or Collier County rules and regulations that assure controlled accommodation of stormwater events by both on-site and off-site improvements. FINDING: Comprehensive Planning finds no adverse impacts to the stormwater management system. • Park and Recreational Facilities: No effect on the demand for community and regional is identified in this Analysis on park facilities result from the proposed Subdistrict. This residential development represents approximately 400 residential units or apartments and more than 380 residents. FINDING: Comprehensive Planning finds no adverse impacts to the Parks and Recreation facilities. • Schools: The Analysis identifies no demand for public school facilities resulting from the proposed Subdistrict. Multi-family residential development is allowed by its C-3 zoning, however. This residential development represents approximately 400 residential units or apartments and more than 60 students. FINDING: Comprehensive Planning finds no adverse impacts to the schools. • Fire & Rescue, Emergency Medical (EMS), and Sheriff’s Services: • Fire protection and response services are provided by the North Collier Fire & Rescue District, with District Station 10 (located at 13240 Immokalee Rd.) located approximately on-half of a mile (0.5) from the site. • Emergency Medical services are provided by the Collier County Bureau of Emergency Services, with EMS Station 10 (located at 14596 Immokalee Rd.) located within one-half mile (0.40) from the site. • Protection services are provided by the Collier County Sherriff’s Office, with District 4 Substation (located at 14750 Immokalee Rd.) located within one-half mile (0.40) from the site. FINDING: Comprehensive Planning finds no adverse impacts to the emergency services. 9.A.2.c Packet Pg. 65 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 11 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05.F was [duly advertised, noticed and] held on Wednesday, December 09, 2020, 5:30 p.m. at North Collier Regional Park, Conference Room A, 15000 Livingston Road, Naples . Approximately 20 people attended in-person and 4 people via Zoom connections, other than the application team and County staff attended ‒ and heard the following information: The agents representing this petition (Rich Yovanovich, D. Wayne Arnold) introduced other members of the application team present. They also introduced staff Planner representing Collier County ‒ Corby Schmidt, AICP, Principal Planner and project coordinator for the GMP amendment petition. Mr. Yovanovich identified the two subject property’s locations , fronting on 4th Street NE, and on Immokalee Rd. at the Randall Blvd. intersection. He described the proposed commercial development of 150,000 sq. ft. of C-4 intensity, both by- right and conditional use commercial uses, multi-family residential uses, that the new Subdistrict would allow. A Zoom caller asked about the multi-family product planned for the development. Mr. Arnold answered that these could be houses or multi-family, condos or apartments. Mr. Yovanovich added how no vehicular access will be allowed to/from 4th St. Mr. Arnold added that the property located to the north also removed their proposed access to 4th St. The information meeting was completed by 6:20 p.m. The applicant transcribed the full proceedings of this meeting, and that transcript, along with their PowerPoint presentation and presentation notes have been copied and are on record. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS: The reviews and analyses of this petition provide the following findings and conclusions: • The 50.18-acre total size subject property is designated E, Estates and undeveloped. • The infrastructure needed to serve the development can be provided without related levels of service or concurrency concerns. • The proposed mixed-use project will generate additional traffic for the roadway network at this location. Additional potential traffic may impact the surrounding areas. Commercial development and residential development will be limited by a 753 PM Peak Hour gross trip figure. • The Collier Interactive Growth Model (CIGM) characterizes development proposed for this Subdistrict as a community shopping center. All development in this area is being limited to “community commercial” center C-3 intensity uses, and amounts to a lower commercial intensity than is proposed by the C-4 zoning district. Staff assesses this C-3 limitation to be a fair and uniform application of the CIGM. • The 400 residential dwelling units or apartments make a density footprint of approximately eight (8) dwelling units per acre – while the density in the surrounding residential area is about 9.A.2.c Packet Pg. 66 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 12 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element 1 dwelling unit per 2.5 to 5.0 acres. No provisions for housing affordability are part of the applicant’s proposal. • The proposed Subdistrict will have impacts on the potable water, wastewater treatment systems and other public facilities since the level of service (LOS) standards are based on population. No adverse impacts were found. • The property, along with much of the surrounding area, is currently designated in the Rural Golden Gate Estates Sub-Element for commercial development. This petition introduces new mixed-use development, uses and activities to a location where such development is planned. • Sites generally located within the market area currently provide more than 1.25 Million sq. ft. and 308 acres of commercial use opportunities. Approximately 132 of these commercial acres are undeveloped. • Speakers present at the Neighborhood Information Meeting objected to allowing commercial traffic onto 4th Street NE, as this is a quiet street with only residences and residential traffic , and agreed with the proposals that would allow entirely no vehicular access. IDENTIFICATION AND ANALYSIS OF THE PERTINENT REQUIREMENTS FOR COMPREHENSIVE PLANS AND PLAN AMENDMENTS ARE NOTED IN CHAPTER 163, F.S., SPECIFICALLY SECTIONS 163.3177(6)(A) 2. AND 8.: Considerations required for the adoption of a comprehensive plan amendment are listed below. 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j. The need to modify land uses and development patterns within antiquated subdivisions. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. 9.A.2.c Packet Pg. 67 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 13 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address the statutory requirements for a Plan amendment, then present and defend, as necessary, that data and analysis. LEGAL CONSIDERATIONS: A copy of this Staff Report was provided to the Office of the County Attorney and has been approved as to form and legality. The criteria for growth management plan amendments and land use map amendments are in Sections 163.3177(1)(f) and 163.3177(6)(a)2. and 8., Florida Statutes. This staff report was reviewed by the County Attorney’s Office on March 26, 2021. [HFAC] STAFF RECOMMENDATION: Staff recommends that the County Planning Commission forward Petition CP-2020-1 / PL20190002355, to the Board of County Commissioners with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity with the following modifications ‒ for proper code language, format, clarity, etc. ‒ as depicted below: Note: Words underlined are added, words struck through are deleted – as proposed by petitioner; words double underlined are added, words double struck through are deleted – as proposed by staff. Italicized text within brackets is explanatory only – not to be adopted. I. IMPLEMENTATION STRATEGY [Page 1] A. GOALS, OBJECTIVES AND POLICIES *** *** *** *** text break *** *** *** *** Policy 1.1.4: 1. ESTATES – MIXED USE DISTRICT 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict *** *** *** *** text break *** *** *** *** 5. Everglades -- Randall Subdistrict 6. Immokalee Road/4th Street NE Mixed Use Subdistrict *** *** *** *** text break *** *** *** *** LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** text break *** *** *** *** 1. ESTAES DESIGNATION *** *** *** *** text break *** *** *** *** A. Estates ‒ Mixed-Use District [beginning page 9] 9.A.2.c Packet Pg. 68 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 14 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element *** *** *** *** text break *** *** *** *** 6. Immokalee Road/4th Street NE Mixed Use Subdistrict [page 16] This Subdistrict is approximately 50.18± acres in size and is located on the northeast corner of Immokalee Road and 4th Street NE. The Immokalee Road/4th Street NE Mixed Use Subdistrict is intended to provide a variety of commercial, office and residential land uses. Development within the Subdistrict shall be subject to the following: a. The subdistrict shall be rezoned to a Planned Unit Development (PUD). b. The rezone Ordinance must include standards for a common architectural theme as well as development standards and buffers to insure compatibility with surrounding properties. c. Allowable commercial uses shall be limited to those permitted by right and by conditional uses in the C-4 C-3 , Commercial General Intermediate zoning district, as listed in the Collier County Land Development Code, Ordinance No. 04-41, as amended. d. Development is limited to a maximum intensity of 150,000 square feet of gross floor area and a maximum of 400 residential dwelling units. e. In any combination of uses, the trip cap of 753 daily (2-way) PM Peak Hour gross new trips shall be the maximum limiting factor for this Subdistrict. f. In lieu of the preservation requirement in Policy 6.1.1 of the CCME, fifteen (15) percent of the on-site native vegetation shall be retained, which shall principally be located adjacent to 4th Street NE to serve as a preserve and buffer to nearby residences. The minimum buffer width adjacent to 4th Street NE shall be 75 feet for that portion of the subdistrict located north of the previously cleared portion of the site utilized for Collier County stormwater management. g. The water management system serving development within the subdistrict shall provide for the water quality pretreatment and attenuation for that portion of the property originally designed to be utilized for water management area for Immokalee Road; however, the area necessary to provide for required Immokalee Road water management may be relocated throughout the subdistrict. Permitting for the overall water management shall be coordinated through Collier County and permitted by the South Florida Water Management District (SFWMD). *** *** *** *** text break *** *** *** *** C. List of maps [page 27] Rural Golden Gate Estates Future Land Use Map Rural Golden Gate Estates Neighborhood Centers Wilson Boulevard/Golden Gate Boulevard Center Golden Gate Boulevard/Everglades Boulevard Center Immokalee Road/Everglades Boulevard Center Randall Boulevard Commercial Subdistrict 9.A.2.c Packet Pg. 69 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) ‒ 15 ‒ CP-2020-1 / PL20190002355 Amending the Urban Mixed Use District to Establish the Immokalee Road/4 th Street Mixed-Use Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub -Element Mission Subdistrict Estates Shopping Center Subdistrict Estates Shopping Center Subdistrict Conceptual Plan Everglades – Randall Subdistrict Immokalee Road/Randall Boulevard Planning Study Area Immokalee Road/4th Street NE Mixed Use Subdistrict PETITION No.: CP-2020-1 / PL20190002355 Staff Report for the April 15, 2021, CCPC meeting. NOTE: This petition has been tentatively scheduled for the May 25, 2021, BCC meeting. G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2020 Cycles & Smalls\CP-20-1, Immokalee Rd-4th St Subd GGAMP\CCPC\CP-20-1 Immok Rd-4th St Stff Rprt_REV8.5 FNL.docx 9.A.2.c Packet Pg. 70 Attachment: 03_Transmittal Staff Report (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) RESOLUTION NO. 2021-1 09 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS m 8 P OF COLLIER COUNTY, FLORIDA PROPOSING AMENDMENT TO E 3) 8 5, ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY o m o m 000 GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED o H ,7)(8 AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY o z m '' X C) N o AMENDING THE RURAL GOLDEN GATE ESTATES SUB-ELEMENT W ; 73 OF THE GOLDEN GATE AREA MASTER PLAN AND THE RURAL o o 2 GOLDEN GATE ESTATES FUTURE LAND USE MAP AND MAP o SERIES TO CREATE THE IMMOKALEE ROAD/4TH STREET N.E. g MIXED USE SUBDISTRICT BY CHANGING THE DESIGNATION OF 1 D 0) THE PROPERTY FROM THE ESTATES-MIXED USE DISTRICT, zom, 0 RESIDENTIAL ESTATES SUBDISTRICT TO THE ESTATES-MIXED o J USE DISTRICT, IMMOKALEE ROAD/4TH STREET N.E. MIXED USE SUBDISTRICT, TO ALLOW USES PERMITTED BY RIGHT AND CONDITIONAL USE IN THE GENERAL COMMERCIAL (C-4) F ZONING DISTRICT WITH A TOTAL MAXIMUM INTENSITY OF UP TO 150,000 SQUARE FEET OF GROSS FLOOR AREA OF DEVELOPMENT, AND A MAXIMUM OF 400 RESIDENTIAL DWELLING UNITS, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF IMMOKALEE ROAD AND 4TH STREET NE IN SECTION 22, TOWNSHIP 48 NORTH, RANGE 27 EAST, CONSISTING OF 50.18± ACRES. [PL20190002355] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Richard D. Yovanovich as Successor Trustee of Land Trust Numbers 850.024 and 850.031 under the Land Trust Agreement dated December 1, 2005, Land Trust Number 850.045 under the Land Trust Agreement dated June 10, 2009, and the Golden Gate Boulevard West Trust, requested an amendment to the Rural Golden Gate Estates-Sub-element of the Golden Gate Area Master Plan and the Rural Golden Gate Estates Future Land Use Map and Map Series to add the Immokalee Road/4th Street NE Mixed Use Subdistrict; and 20-CMP-01075/1628099/1]79 4/29/21 Page 1 of 2 Words underlined are added,words struck through have been deleted. 9.A.2.d Packet Pg. 71 Attachment: 04_Transmittal Resolution 2021-109 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) WHEREAS, on April 19, 2021, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, on May 25, 2021, the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority this a S 14 day of 2021. ATTEST: .... ,)a BOA' h 0'AVOUNTY CO ISSI NERS CRY' 'AL.,K, KIN' -L, CLERK COLLI:' OUNTY, FLO a 1 BY: s t as • Choi •,: 3uty Clerk Penny aylor, Chairman p Ap. i • -$ ; • and legality: f Alt Fie Hei•i. A s; • - icko Man' in: Assistant County Attorney Attac me i .: Exhibit A—Proposed Text Amendment& Map Amendment 20-CMP-01075/1628099/1]79 4/29/21 Page 2 of 2 Words underlined are added,words struck through have been deleted. 9.A.2.d Packet Pg. 72 Attachment: 04_Transmittal Resolution 2021-109 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) PL20190002355/CP2020-1 March 2, 2021 EXHIBIT A GOLDEN GATE AREA MASTER PLAN RURAL GOLDEN GATE ESTATES SUB- ELEMENT Note:Words underlined are added,words struck through are deleted. Italicized text within brackets is explanatory only-not to be adopted. Table of Contents A. Goals, Objectives, and Policies B. Land Use Designation Description Section 1. ESTATES DESIGNATION A. ESTATES —MIXED USE DISTRICT beginning page 9] 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Uses Subdistrict 4. Mission Subdistrict 5. Everglades— Randall Subdistrict 6. Immokalee Road/4th Street N.E. Mixed Use Subdistrict text break *** *** *** *** C. List of maps page 27] Rural Golden Gate Estates Future Land Use Map Rural Golden Gate Estates Neighborhood Centers Wilson Boulevard/Golden Gate Boulevard Center Golden Gate Boulevard/Everglades Boulevard Center Immokalee Road/Everglades Boulevard Center Randall Boulevard Commercial Subdistrict Mission Subdistrict Estates Shopping Center Subdistrict Estates Shopping Center Subdistrict Conceptual Plan Everglades —Randall Subdistrict Immokalee Road/Randall Boulevard Planning Study Area Immokalee Road/4th Street N.E. Mixed Use Subdistrict A. GOALS, OBJECTIVES AND POLICIES GOAL 1: text break *** *** *** *** Page 1 of 5 Words underlined are added;words struck through are deletions 9.A.2.d Packet Pg. 73 Attachment: 04_Transmittal Resolution 2021-109 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) PL20190002355/CP2020-1 March 2,2021 Policy 1.1.4: Page 1 The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. ESTATES— MIXED USE DISTRICT 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Uses Subdistrict 4. Mission Subdistrict 5. Everglades— Randall Subdistrict 6. Immokalee Road/4th Street N.E. Mixed Use Subdistrict text break *** *** *** *** B. LAND USE DESIGNATION DESCRIPTION SECTION Page 9 text break *** *** *** *** 1. ESTATES DESIGNATION text break *** *** *** *** A. Estates— Mixed-Use District beginning page 9] text break *** *** *** *** 6. Immokalee Road/4th Street NE Mixed Use Subdistrict page 16] This Subdistrict is approximately 50.18± acres in size and is located on the northeast corner of Immokalee Road and 4th Street N.E. The Immokalee Road/4th Street NE Mixed Use Subdistrict is intended to provide a variety of commercial, office and residential land uses. Development within the Subdistrict shall be subject to the following: a. The subdistrict shall be rezoned to a Planned Unit Development(PUD). b. The rezone Ordinance must include standards for a common architectural theme as well as development standards and buffers to insure compatibility with surrounding properties. c. Allowable commercial uses shall be limited to those permitted by right and by conditional uses in the C-4, Commercial General zoning district, as listed in the Collier County Land Development Code, Ordinance No. 04-41, as amended. d. Development is limited to a maximum intensity of 150,000 square feet of gross floor area and a maximum of 400 residential dwelling units. Page 2 of 5 Words underlined are added;words struck through are deletions 9.A.2.d Packet Pg. 74 Attachment: 04_Transmittal Resolution 2021-109 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) PL20190002355/CP2020-1 March 2, 2021 e. In lieu of the preservation requirement in Policy 6.1.1 of the CCME, fifteen (15) percent of the on-site native vegetation shall be retained, which shall principally be located adiacent to 4th Street N.E. to serve as a preserve and buffer to nearby residences. The minimum buffer width adiacent to 4th Street N.E. shall be 75 feet for that portion of the subdistrict located north of the previously cleared portion of the site utilized for Collier County stormwater management. f. The water management system serving development within the subdistrict shall provide for the water quality pretreatment and attenuation for that portion of the property originally designed to be utilized for water management area for Immokalee Road; however,the area necessary to provide for required Immokalee Road water management may be relocated throughout the subdistrict. Permitting for the overall water management shall be coordinated through Collier County and permitted by the South Florida Water Management District (SFWMD). text break *** *** *** *** C. List of maps page 27] Rural Golden Gate Estates Future Land Use Map Rural Golden Gate Estates Neighborhood Centers Wilson Boulevard/Golden Gate Boulevard Neighborhood Center Golden Gate Boulevard/Everglades Boulevard Neighborhood Center Immokalee Road/Everglades Boulevard Neighborhood Center Randall Boulevard Commercial Subdistrict Mission Subdistrict Estates Shopping Center Subdistrict Estates Shopping Center Subdistrict Conceptual Plan Everglades —Randall Subdistrict Immokalee Road/Randall Boulevard Planning Study Area Immokalee Road/4th Street N.E. Mixed Use Subdistrict Page 3 of 5 Words underlined are added;words struck through are deletions 9.A.2.d Packet Pg. 75 Attachment: 04_Transmittal Resolution 2021-109 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) EXHIBIT A PL20190002355/CP-20-1 9/ IMMOKALEE ROAD -4TH STREET SUBDISTRICT COLLIER COUNTY,FLORIDA i. SUBJECT SITE i 1 ils i4 alla oi*, a imarly* as am NM 40111:i 1711:: W Vainviri; 00 Zdill 1rpfi:P "1*,I11111' A 2 1 ADOPTED-XXXX,XXXX 0 250 500 1,000 Feet LEGENDIIII Ord. No.)0XX-X) PREPARED BY:BETH YANG,AMCP IMMOKALEE ROAD-4TH GROWTH MANAGEMENT DEPT MIR STREET SUBDISTRICT FILE:IMMOKALEE RD COMMERCIAL CENTER SUBDISTRICT LOCATION MAP DRAFT.MXD DATE JUNE 2020 Page 4 of 5 9.A.2.d Packet Pg. 76 Attachment: 04_Transmittal Resolution 2021-109 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) EXHIBIT"A" PETITION PL20190002355/CP-20-1 ESTATES DESIGNATION AGRICULTURAL/RURAL DESIGNATION MIXED USE DISTRICT MS Rural sem.mem.ne 0.01 O Nwlarml En..W.mn C0.1110nal1.16E6s.WIWRn OVERLAYS AND SPECIAL FEATURES RURAL GOLDEN GATE ESTATES 1 RmonR.l,b. FUTURE LAND USE MAP ENE.o.,.Rat.esu14,.,n COMMERCIAL DISTRICT No.1.00.eo.....ea C.mm.e.1 sum.,... n In E..w SWOON CA.sum.mn IMMOKALEE RD F imwew R..e-am se.nsmam.. OM UEA..ErE.ww. Eteommwu.mEm..s.mrecrnEa..vclEsniD u.o use oesnRaiw vc.mw.moivtRE Duos Immokalee Road-4th Street Subdistrict z0 3m 1 N 5 z W 7 WE LLELL RD CC Q 1 co m F RANDP{L BLVD 9 IMMOKALEE RD z zo 9 0 8 0 0 VANDE RBILT VANDERBILT BEAI H RD BEACH RD m z w 0 m U GOLDEN GATE BLVD I-` GOLDEN GATE BLVD l O z 2 U PINE RDGE RD/ Uµ m 0 0 re GREEN BLVD mpzm M.Co IL?,W I-. O - z G 7 0 W m QG.PKWY ii RAplO RD INTERSTATE 75 INTERSTATE 75 i f:DAVIS BLVD jj S.R.84 K en a w ' O U RATTLES AKE HAMMOCK RD jCO o F rIIIC41 RURAL GOLDENUSE MAFUTURELANDUSEMAP ADOPTED SEPTEMBER 21.2013 4/ AMENDED X%%%,%%%% 44, 0 j N O F 0 0.5 1 O 2 3 Ml•les FILE lane C7=.7w, mm.el Ce,e...,..E..eer111......1 z A I R26E I R27E R28E I R29E Page 5 of 5 9.A.2.d Packet Pg. 77 Attachment: 04_Transmittal Resolution 2021-109 (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) April 19, 2021 Page 1 of 73 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida Monday, April 19, 2021 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 1:00 p.m., in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Karen Homiak, Acting Chairman Karl Fry Joe Schmitt Paul Shea Christopher T. Vernon (appearing remotely when indicated) Tom Eastman, Collier County School Board Representative ABSENT: Edwin Fryer, Chairman Robert L. Klucik, Jr. ALSO PRESENT: Raymond V. Bellows, Zoning Manager Jeffrey Klatzkow, County Attorney 9.A.2.e Packet Pg. 78 Attachment: 05_Transmittal CCPC Transcript (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) April 19, 2021 Page 67 of 73 CHAIRMAN HOMIAK: Anything else? MR. YOVANOVICH: No rebuttal. CHAIRMAN HOMIAK: Okay. We're looking for a motion then. COMMISSIONER SCHMITT: I make a motion that we submit this petition for transmittal and for review as proposed. CHAIRMAN HOMIAK: Is there a second? COMMISSIONER SHEA: Second. CHAIRMAN HOMIAK: Any discussion? No response.) CHAIRMAN HOMIAK: All those in favor, signify by saying aye. COMMISSIONER SHEA: Aye. COMMISSIONER FRY: Aye. COMMISSIONER VERNON: Aye. CHAIRMAN HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRMAN HOMIAK: I heard Chris say aye. COMMISSIONER VERNON: Yes. CHAIRMAN HOMIAK: Okay. MR. ARNOLD: Thank you. CHAIRMAN HOMIAK: ***So the next one, 9A3. MR. ARNOLD: All right. So, again, Wayne Arnold, for the record, and here representing the applicant. We have the same applicant team, so I'm not going to belabor that. But I would let you know that this is property that's currently owned by Collier County Government. It's a curved property that's located between Fourth Avenue Northeast and Immokalee Road just north of Randall Boulevard. The hard corner is currently used as a dry detention system for Immokalee Road project. As part of the contractual obligation, we'll be taking in that water management system and expanding upon it for some future roadway improvements that are planned at Randall and Immokalee Road, so that will be incorporated into our overall project. But in this particular case, we've asked for -- just show you the relationships. It's about 3.2 miles from the Estates shopping center property. It's also within the drive time that Mr. Weyer analyzed as part of the market-demand analysis. And as I mentioned, the 140,000 square feet we're taking away, we're asking for a maximum of 150,000 square feet for this subject district as well as up to 400 residential dwelling units. So we're creating our new subdistrict that will identify that as a mixed-use project. There's a companion mixed-use PUD that has been filed. It's winding its way through the process, and they'll obviously come back together. But we've asked for C-4 permitted and conditional uses. And I guess that's kind of deja vu. I had the pleasure of representing the Collier family on the parcel immediately north. And what they ultimately agreed to do, with your recommendation, was to come forward with C-3 plus uses, if you will. And we've had that conversation with Ms. Jenkins that we'd like to be transmitted with C-4 but acknowledging that our PUD as well as, if necessary, the subdistrict can come back in maybe a revised form to limit some of those C-4 uses. But one thing we did here -- it wasn't so much evident at the neighborhood meeting, but our client and Rich and myself and others have talked to several of the community leaders in the Estates, and to deliver some of the uses they want -- and we can't promise that we're going to have a large-scale big box hardware store or a large-scale membership club/warehouse type facility, but we can't get those if we're stuck with C-3 uses, and the community would really like to have those 9.A.2.e Packet Pg. 79 Attachment: 05_Transmittal CCPC Transcript (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) April 19, 2021 Page 68 of 73 services in that part of the county. And we'd love to try to deliver those, but I can't unless it's allowed as a permitted use. So no promises but, again, that's what we're trying to do. That's why the C-4 permitted and conditional are important to us. The other thing we've done here is we've made provisions to take in and do the water-quality pretreatment which affects sort of the development envelope, and I'm getting ahead of myself, because this is our PUD master plan. But the components of this I wanted to highlight are that we've got some substantial lake and preserve areas that are going to be included as part of this because we have that obligation to take in water management from Collier County. So that's driving part of our plan. We think there's a strong market out here for some non-single-family housing. And I don't think we've had any negative pushback. We did agree early on not to have any vehicular access to Fourth Street North -- Fourth Avenue South -- Northeast, sorry, and so our master plan does not note any vehicular access there. It does provide for pedestrian connection for those residents that live along Fourth that may desire to shop at this PUD. But this, obviously, shows an interconnection that you-all discussed for the other project to the north, and it does align, and there's an interconnection agreement in place or soon to be in place to handle that connection. So, again, I know that the details are in the PUD document but, again, here I think staff is making a recommendation for us to transmit. I think our only real disagreement here was over the intensity, and C-4 to us makes sense and, like I said, we will come back, and we can hone down on those uses that we know we need when you are looking at this for adoption. MR. YOVANOVICH: And also, they also -- this one recommended the trip cap be included in the Growth Management Plan amendment. I talked to Anita. We'll include that in the PUD and not the Growth Management Plan amendment. CHAIRMAN HOMIAK: Okay. Oh, Joe. COMMISSIONER SCHMITT: Yeah, Wayne -- yeah, Wayne. Wayne, I recall, and you stated -- did you represent the client that was developing just to the north? MR. ARNOLD: I did. COMMISSIONER SCHMITT: And we got into a lot of discussion on the intensity on that site, how much square footage. And then you came in with a larger intensity. We reduced it based on staff recommendation, but now we're adding more commercial out there. I guess Russ has already done a market analysis. I don't know if Russ wants to come up and state that, but from the standpoint -- come up. The market analysis is there to already -- that will work the demand, or do you want to do it? Whatever. I mean, I'm trying to sort through -- we were -- we're faced with quite a dilemma over reduction in the last petition you brought forward, and now we're asking for more commercial in, essentially, the same area. MR. ARNOLD: And this is a little different because we don't feel like there's the same justification required because we're transferring so much of that intensity from the Estates shopping center, Joe, to the site that's only three miles away. COMMISSIONER SCHMITT: All right. MR. ARNOLD: I think staff understands that concept as well, and they've been doing this Randall/Immokalee corridor study, and I think there's just an incredible amount and demand for commercial in this corridor because it's, one, such a heavily traveled roadway, and the Estates residents have clearly said we'd rather have the commercial on our perimeter than in our interior. COMMISSIONER SCHMITT: And, again, I don't argue that. I'm just now confused because the last petition we forced it down, by 10,000 square feet, if I remember. MR. YOVANOVICH: It was 20,000. COMMISSIONER SCHMITT: 20,000, okay. 9.A.2.e Packet Pg. 80 Attachment: 05_Transmittal CCPC Transcript (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) April 19, 2021 Page 69 of 73 MR. YOVANOVICH: But that's to be debated. That's going back to the Board of County Commissioners, and they're obviously seeking the full amount. And I can tell you just the amount of interest that's out here for commercial -- commercial users is incredible, you know, the amount of traction there is for this corridor. COMMISSIONER SCHMITT: Oh, I have no argument. It's been discussed for years about commercial out there. All right. I understand. I just wanted to know -- all of a sudden now it's recommend approval when staff moved forward to reduce the last petition out there. CHAIRMAN HOMIAK: Karl, do you have -- COMMISSIONER FRY: No. I'll clear it. I'll wait. MS. JENKINS: Again, Anita Jenkins, the zoning director, for the record. And we have reviewed this petition as well. And, Mr. Schmitt, the demand area, the commercial area that was evaluated, is the same area as the other. So they are just basically taking this square footage of 140,000 square feet and transferring it. But it's the same area that we evaluated with the CIGM when we came to the recommendation for you. So we recognize the demand that is there. The CIGM demonstrated that as well. And this is the same demand area. So they're just moving it from a less attractive area to a more attractive area where they can handle the type of shopping that's needed. So staff was recommending a reduction to the 3-C uses, but I think that we've heard the applicant commit to a C-3 plus. So when they come back with the PUD, they'll be more specific in what those C-4 uses are so we can look at compatibility for the surrounding area for those uses, and we feel that that's fair. COMMISSIONER SCHMITT: Okay. CHAIRMAN HOMIAK: Okay. Karl? COMMISSIONER FRY: Anita, by transferring all this commercial up to Immokalee, which is a somewhat heavily traveled road, what about the impact on the traffic? MS. JENKINS: Well, I would have to ask Mike to address that for you for the traffic assessment, and I believe the applicant's transportation, is here as well. COMMISSIONER FRY: And are you satisfied -- maybe this is for you. Are you satisfied with the buffering in the southeast corridor? MS. JENKINS: Right. So generally when we come to you for transmittal for a Growth Management Plan, we're not at that level with buffering, but that will be something that we will discuss when we come back with the PUD. So when we look at that compatibility with the surrounding neighbors, then we'll talk about the buffering then. But for these specific uses, then, that's what we're looking at for transmittal of the Growth Management Plan. COMMISSIONER FRY: Okay. Thank you. MR. SAWYER: Good evening, Commissioners. Mike Sawyer, Transportation Planning. To answer your question, we have, obviously, looked at both the GMP as well as we're still reviewing the GMP. We've looked at the TIS that they've provided. In a lot of cases, just as you heard from Trinity this morning, or this afternoon, I should say, sorry, a lot of the roadways in this area are being improved over the course of the next five years or so. Those are being taken into consideration. These developers, just like anybody else, are going to be able to use that incremental increase in those improvements in their TIS. They will also be paying their fair share, based on their impact fees primarily. We're still reviewing everything, making sure everything is set, but it still looks like we're going to be able to say, similarly to the SRAs that we've been talking about, that they are meeting the needs and will -- and we will be able to service the project. COMMISSIONER FRY: Even this 3.2 miles shift to the north, this is -- this is -- you do believe this is a better location for the commercial rather than down closer in to a lot of the people 9.A.2.e Packet Pg. 81 Attachment: 05_Transmittal CCPC Transcript (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) April 19, 2021 Page 70 of 73 that don't have these -- the major commercial benefit. MR. SAWYER: You do have more development that is condensed, a bit more, as far as from a density standpoint in these particular areas as opposed to the Estates, which tends to be more spread out. So from that aspect, yeah, you're probably serving more numbers. You've got more rooftops to serve in this particular area. Additionally, you probably certainly have more units being -- more new units coming online in this particular area. COMMISSIONER FRY: But the people that would have been served previously are now going to drive farther to get services and -- MR. SAWYER: No. There's still going to be a certain amount of -- COMMISSIONER FRY: Commercial down there. MR. SAWYER: -- commercial down within the original location on Golden Gate. COMMISSIONER FRY: Just not the bigger commercial uses. MR. SAWYER: It's not going to be as big. It will be a different type. It will be more neighborhood orientated. COMMISSIONER FRY: Thank you. CHAIRMAN HOMIAK: Okay. Anybody else? COMMISSIONER SCHMITT: No. No response.) CHAIRMAN HOMIAK: Is there a motion? COMMISSIONER SCHMITT: Do we have any public? CHAIRMAN HOMIAK: Oh, is there any public? I didn't think there was. No. COMMISSIONER SCHMITT: I make a motion to forward this recommendation to the Florida Department of Economic Opportunity as proposed by staff with the modifications as cited by staff. COMMISSIONER SHEA: Second. CHAIRMAN HOMIAK: Okay. Discussion? No response.) CHAIRMAN HOMIAK: No. All those in favor, signify by saying aye. COMMISSIONER SHEA: Aye. COMMISSIONER FRY: Aye. CHAIRMAN HOMIAK: Aye. COMMISSIONER VERNON: Aye. COMMISSIONER SCHMITT: Aye. CHAIRMAN HOMIAK: Opposed, like sign. No response.) CHAIRMAN HOMIAK: Okay. Chris is there, too, so that's 5-0. MR. ARNOLD: Thank you very much. MR. YOVANOVICH: I want to thank you on behalf of my clients that are here today for coming in today to have this meeting and getting us back on track. I know it was a sacrifice, but I want to thank you all for that that -- CHAIRMAN HOMIAK: You're welcome. MR. YOVANOVICH: -- since we weren't able to do that on Thursday. COMMISSIONER FRY: You owe us bigtime, Rich. Leave it at that. CHAIRMAN HOMIAK: We have one more -- there's no old business or new business, but we have meeting dates to discuss for -- MR. FRANTZ: That's right. Jeremy Frantz, for the record. Speaking of sacrifice, we do have a couple of LDC amendments that were initiated from the private side, and they will require a night hearing of the CCPC. We are hoping that we can 9.A.2.e Packet Pg. 82 Attachment: 05_Transmittal CCPC Transcript (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.f Packet Pg. 83 Attachment: 06_Agency Review Letters (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.f Packet Pg. 84 Attachment: 06_Agency Review Letters (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.f Packet Pg. 85 Attachment: 06_Agency Review Letters (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.f Packet Pg. 86 Attachment: 06_Agency Review Letters (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Immokalee Road/4th Street N.E. Mixed Use Subdistrict (PL20190002355) Application and Supporting Documents April 1, 2021 CCPC Hearing 9.A.2.g Packet Pg. 87 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com May 21, 2020 Mr. Corby Schmidt, AICP Principal Planner Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Growth Management Plan Amendment Application Immokalee Road/4th Street N.E. Mixed Use Subdistrict (PL20190002355), Submittal 1 Dear Mr. Schmidt: A Collier County Growth Management Plan Amendment (GMPA) application for properties located at the northeast quadrant of Immokalee Road and 4th Street N.E. is being submitted for review. This application proposes to create a new subdistrict in the Golden Gate Area Master Plan, Rural Golden Gate Estates Sub-Element to allow up to 150,000 square feet of gross floor area of commercial uses, senior housing uses and a maximum of 400 residential dwelling units in the subdistrict. The GMPA is supported with a companion PUD rezone (PL20190002356), which establishes the specific development standards for the proposed uses, and a Master Plan for development of the 50± acre property. Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Richard D. Yovanovich GradyMinor File (RCIRP-19) 9.A.2.g Packet Pg. 88 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 1 APPLICATION NUMBER: PL20190002355 DATE RECEIVED: ______________________________ PRE-APPLICATION CONFERENCE DATE: October 30, 2019 This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Growth Management Department 239-252- 2400, Zoning Division, Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The application is to be reviewed by staff for sufficiency within 30 calendar days following the filing deadline. The applicant will be notified, in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 12-234. If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFOMRATION A. Name of Applicant: Richard D. Yovanovich, Esq. Company: Coleman, Yovanovich & Koester, P.A. Address: 4001 Tamiami Trail North, Suite 300 City Naples State Florida Zip Code 34103 Phone Number: 239-435-3535 Fax Number: ________________________________ Email Address: ryovanovich@cyklawfirm.com B. Name of Agent* _ D. Wayne Arnold, AICP _ • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey City Bonita Springs State Florida Zip Code 34134 Phone Number: 239-947-1144 Fax Number: ___________________________ Email Address: warnold@gradyminor.com C. Name of Owner (s) of Record: Collier County a Political Subdivision of the State of Florida Address: C/O Real Property Management, 3335 Tamiami Trail East, Suite 101 City Naples State Florida Zip Code 34112 Phone Number: Fax Number: _______________________________ Email Address: 9.A.2.g Packet Pg. 89 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 2 D. Name, Company, Address and Qualifications of all consultants and other professionals providing information contained in this application, as well as Qualifications of the Agent identified above. II. Disclosure of Interest Information: A. If the property is owned fee simple by an INDIVIDUAL, Tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership __________________________________________ _________________________ Not Applicable _________________________ B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock Collier County, A Political Subdivision of the State of Florida 100% C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. __________________________________________ _________________________ Not Applicable _________________________ 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 Percentage of Ownership __________________________________________ _________________________ Not Applicable _________________________ E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Richard D. Yovanovich as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% 9.A.2.g Packet Pg. 90 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 3 Richard D. Yovanovich as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of the Golden Gate Boulevard West Trust Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Date of Contract: September 24, 2019 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 Not Applicable ________________________________________________________ G. Date subject property acquired (2006) leased ( ):________Term of lease: ______yrs./mos. If, Petitioner has option to buy, indicate date of option: ______________ and date option terminates: ______________, or anticipated closing: _______________________. NOTE: H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. III. DESCRIPTION OF PROPERTY: A. PARCEL I.D. NUMBER: 37690040003 and 37690040100 B. LEGAL DESCRIPTION: PARCEL 1 A PORTION OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC 9.A.2.g Packet Pg. 91 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 4 RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT "A", NORTH 89°30'02" EAST, A DISTANCE OF 1,366.01 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1361, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE ALONG SAID BOUNDARY, SOUTHWESTERLY 2,258.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 46°58'49", (CHORD BEARING SOUTH 24°49'44" WEST, A DISTANCE OF 2,196.07 FEET) TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 00°29'58" WEST, A DISTANCE OF 361.77 FEET; 2) THENCE NORTH 89°59'48" WEST, A DISTANCE OF 426.54 FEET TO A POINT ON THE WEST BOUNDARY OF THE AFOREMENTIONED TRACT "A"; THENCE ALONG SAID BOUNDARY, NORTH 00°29'58" WEST, A DISTANCE OF 1,619.45 FEET TO THE POINT OF BEGINNING. CONTAINING 45.02 ACRES, MORE OR LESS. PARCEL 2 BEING A PORTION PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358 AND LYING WITHIN TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID TRACT "A", SOUTH 00°29'58" EAST, A DISTANCE OF 1,619.45 FEET TO A POINT ON THE BOUNDARY OF PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) SOUTH 89°59'48" EAST, A DISTANCE OF 426.54 FEET; 2) THENCE SOUTH 00°29'58" EAST, A DISTANCE OF 361.77 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE SOUTHWESTERLY 526.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 10°56'31", (CHORD BEARING SOUTH 53°47'24" WEST, A DISTANCE OF 525.29 FEET) TO A POINT ON THE AFOREMENTIONED BOUNDARY OF SAID PARCEL 179, THE SAME BEING THE WEST LINE OF SAID TRACT "A"; THENCE ALONG SAID BOUNDARY AND SAID WEST LINE, NORTH 00°29'58" WEST, A DISTANCE OF 672.12 FEET TO THE POINT OF BEGINNING. CONTAINING 5.16 ACRES, MORE OR LESS. TOTAL CONTAINING 50.18 ACRES, MORE OR LESS. C. GENERAL LOCATION: Northeast quadrant of Immokalee road and 4th St NE. D. Section: 22 Township: 48 Range: 27 E. PLANNING COMMUNITY: Rural Estates F. TAZ: 400 G. SIZE IN ACRES: 50.18± H. ZONING: E, Estates I. FUTURE LAND USE MAP DESIGNATION(S): Rural Golden Gate Estates, Estates Designation, Mixed Use District, Residential Estates Subdistrict 9.A.2.g Packet Pg. 92 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 5 J. SURROUNDING LAND USE PATTERN: Residential and Commercial – Exhibit V.A and V.B IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: ______ Housing Element ______ Recreation/Open Space ______ Traffic Circulation Sub-Element ______ Mass Transit Sub-Element ______ Aviation Sub-Element ______ Potable Water Sub-Element ______ Sanitary Sewer Sub-Element ______ NGWAR Sub-Element ______ Solid Waste Sub-Element ______ Drainage Sub-Element ______ Capital Improvement Element ______ CCME Element ______ Future Land Use Element x Golden Gate Master Plan ______ Immokalee Master Plan B. AMEND PAGE (S): iii, 1 and 16 OF THE: Golden Gate Area Master Plan, Rural Golden Gate Estates Sub-Element AS FOLLOWS: (Use Strike-through to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: See Exhibit IV.B C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Rural Golden Gate Estates, Estates Designation, Mixed Use District, Residential Estates Subdistrict TO Rural Golden Gate Estates, Estates Designation, Mixed Use District, Immokalee Road/4th Street N.E. Mixed Use Subdistrict. Exhibit IV.C. D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) N.A. E. DESCRIBE ADDITIONAL CHANGES REQUESTED: Create Immokalee Road and 4th St NE Mixed Use Subdistrict Inset Map. See Exhibit IV.E. V. REQUIRED INFORMATION: NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I” = 400’. At least one copy reduced to 8- 1/2 x 11 shall be provided of all aerials and/or maps. A. LAND USE Exhibit V.A Provide general location map showing surrounding developments (PUD, DRI’s, existing zoning) with subject property outlined. Exhibit V.A Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit V.A Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. 9.A.2.g Packet Pg. 93 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 6 B. FUTURE LAND USE AND DESIGNATION Exhibit V.B Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL Exhibit V.C Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN “A” ABOVE. Exhibit V.C Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.) Identify historic and/or archaeological sites on the subject property. D. GROWTH MANAGEMENT Reference , F.A.C. and Collier County’s Capital Improvements Element Policy 1.1.2 (Copies attached). 1. INSERT “Y” FOR YES OR “N” FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference , F.A.C.). IF so, identify area located in ACSC. N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S.? (Reference , F.A.C.) N/Y - Exhibit V.D Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S.? Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Y/Y - Exhibit V.D1 Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference , F.A.C.) E. PUBLIC FACILITIES 9.A.2.g Packet Pg. 94 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 7 1. Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: Exhibit V.E Potable Water Exhibit V.E Sanitary Sewer Exhibit V.E1 Arterial & Collector Roads; Name specific road and LOS Golden Gate Boulevard Wilson Boulevard Exhibit V.E Drainage Exhibit V.E Solid Waste Exhibit V.E Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. Exhibit V.E2 Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services. 3. Exhibit V.E Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Exhibit V.F Flood zone based on Flood Insurance Rate Map data (FIRM). Exhibit V.F Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps) N.A. Coastal High Hazard Area, if applicable N.A. High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION Provided $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus, proportionate share of advertising costs) _____ $9,000.00 non-refundable filing fee for a Small-Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus, proportionate share of advertising costs) Exhibit V.G3 Proof of ownership (copy of deed) Exhibit V.G4 Notarized Letter of Authorization if Agent is not the Owner (See attached form) Exhibit V.G5 Addressing Checklist 9.A.2.g Packet Pg. 95 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 8 Exhibit V.G6 Preapplication Meeting Notes * If you have held a pre-application meeting within 9 months prior to submitted date and paid the pre-application fee of $500.00 at the meeting, deduct that amount from the above application fee amount when submitting your application. All pre-application fees are included in the total application submittal fee if petition submitted within 9 months of pre-application meeting date. Otherwise the overage will be applied to future proportionate share advertising costs. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1”=400’ or at a scale as determined during the pre-application meeting. *All attachments should be consistently referenced as attachments or exhibits, and should be labelled to correlate to the application form, e.g. “Exhibit I.D.” * Planning Community, TAZ map, Traffic Analysis Zone map, Zoning maps, and Future Land Use Maps. Some maps are available on the Zoning Division website depicting information herein: Zoning Services Section: _________________ Comprehensive Planning Section: _______________________ THIS HAS CHANGED SINCE DCA BECAME DEO. SEE GMP PAEG 2011 UPDATES: https://www.colliercountyfl.gov/your-government/divisions-s-z/zoning-division/zoning-services- section/land-use-commission-district-maps 9.A.2.g Packet Pg. 96 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) August 25, 2020 Page 1 of 2 RCIRP-19 Exhibit ID-r1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Immokalee Road/4th Street N.E. Mixed Use Subdistrict (PL20190002355) Exhibit I.D Professional Consultants Planning/Project Management: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239.947.1144 warnold@gradyminor.com Richard D. Yovanovich, Esq Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 ryovanovich@cyklawfirm.com Transportation: James M. Banks, P.E., President JMB Transportation Engineering, Inc. 4711 7th Avenue SW Naples, FL 34119 239.919.2767 jmbswte@msn.com Environmental: Marco Espinar, Environmental Planner Collier Environmental Consultants, Inc. 3880 Estey Ave. Naples, FL 34104 239-263-2687 marcoe@prodigy.net Market Analysis: Russ Weyer President Real Estate Econometrics, Inc. 707 Orchid Drive, Suite 100 Naples, FL 34102 239-269-1341 Rweyer@ree-i.com 9.A.2.g Packet Pg. 97 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) APPENDIX 9.A.2.g Packet Pg. 98 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) D. Wayne Arnold, AICP Principal, Director of Planning Q. Grady Minor & Associates, P.A. Civil Engineers  Surveyors  Land Planners  Landscape Architects Education  Master of Urban Planning, University of Kansas, Lawrence  Bachelor of Science, Urban and Regional Planning/Geography, Missouri State University Professional Registrations/ Affiliations  American Institute of Certified Planners (AICP)  American Planning Association (APA)  Leadership Collier, Class of 2000  Bonita Springs Chamber of Commerce Government Affairs Committee  Collier County Jr. Deputy League, Inc., Board of Directors President  City of Naples Planning Advisory Board 2010-2014 Mr. Arnold is a Principal and co-owner of the firm and serves as the Secretary/Treasurer and Director of Planning. As Director of Planning, Mr. Arnold is responsible for and oversees services related to plan amendments, property re-zonings, expert witness testimony, ROW Acquisition, public participation facilitation, and project management. Mr. Arnold previously served as the Planning Services Director at Collier County, where he oversaw the County’s zoning, comprehensive planning, engineering, platting and Metropolitan Planning Organization (MPO) functions. Mr. Arnold also has prior Florida planning experience with Palm Beach County Government and the South Florida Water Management District. Mr. Arnold has been accepted as an expert in land planning matters in local and state proceedings. RELEVANT PROJECTS  Collier County Growth Management Plan  Immokalee Airport Master Plan  Collier County Land Development Code  Logan Boulevard Right-of-Way Acquisition Planning Analysis  U.S. 41 Right-of-Way Expansion Planning Analysis  Copeland Zoning Overlay  Collier County Government Center Development of Regional Impact (DRI)  Pine Ridge/Goodlette Road Commercial Infill District  Henderson Creek Planned Development/Growth Management Plan Amendment  Mercato Mixed Use Planned Development  Diamond Oaks Village  Imperial Landing MPD  Lely Area Stormwater Improvement Project ROW Analysis  Dean Street MPD  Bonita Exchange MPD  Collier County Public Schools Transportation Ancillary Plant 9.A.2.g Packet Pg. 99 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Richard D. Yovanovich ______________________________ Rich Yovanovich is one of the firm’s shareholders. He moved to Naples in 1990 and was an Assistant County Attorney for Collier County from 1990-1994. As an Assistant County Attorney he focused on land development and construction matters. Since entering private practice in 1994, Mr. Yovanovich has represented property owners through the entitlement process before local and state agencies. His representation includes project ranging from small residential and commercial projects to large developments of regional impact. Professional Activities/Associations The Florida Bar Collier County Bar Association Civic/Charitable Activities/Associations Member, Furman University Trustees Council, 2007 - Chairman, Leadership Collier Foundation Alumni Assoc. Member, Board of Directors, Holocaust Museum 2007 – Member, Leadership Collier, Class of 2000 Member, Board of Directors, CBIA (Director 2004-2008, Vice President 2006-2007) Member, Board of Director, Immokalee Friendship House Member, Board of Director, Avow Hospice 2011- Member, Florida Trend Legal Elite Elder, Vanderbilt Presbyterian Church Bar & Court Admission Florida, 1988 U.S District Court, Middle District of Florida U.S. Court of Appeals, Eleventh Circuit Education University of South Carolina J.D., 1987 J. Ed., 1986 Furman University B.A., cum laude, 1983 9.A.2.g Packet Pg. 100 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) JMB Transportation Engineering, Inc. Key Personnel - James M. Banks, P.E., President JAMES M. BANKS, P.E., PRESIDENT Certifications & Positions Bachelor of Science Degree in Civil Engineering - University of Kentucky, 1986 Professional Engineer - State of Florida – Reg. No. 43860, 1991 to Present JMB Transportation Engineering, Inc., President/Owner – 2007 to Present Q & E Overview Mr. Banks has been actively involved in the fields of traffic/transportation engineering and planning since 1987. During the past 30 years, he has developed a comprehensive knowledge within these disciplines and is regarded as an expert within his profession. Mr. Banks has represented a wide range of clientele in both the public and private sectors. Public sector clients include airport authorities & FAA, local and state municipalities, county commissions, public school boards, city councils, planning boards, and city/county attorneys. Private sector clients have been land planners, land use attorneys, right-of-way acquisition attorneys, engineers, surveyors, architects and developers. Corridor Planning Mr. Banks has conducted a significant number of roadway corridor studies for both the public and private sectors. His work efforts included developing a comprehensive and strategic corridor improvement plan to meet the long term transportation objectives for the area. By forecasting area- wide long range traffic demands, Mr. Banks developed transportation needs plans in order to ensure adequate roadway capacity. Example projects are Alico Road Six-Laning, Lee Boulevard Improvements, Southwest International Airport’s Transportation Needs Plan, Bonita Beach Road Access Management Plan, and Fort Myers Beach - Time Square Traffic Circulation Study. Transportation Design Mr. Banks has been engineer of record on numerous transportation design projects; such as, complex intersection design, signalization, street lighting, maintenance of traffic plans, signing and pavement marking plans, vehicular accident analysis, major roadway improvement design, traffic calming plans, railroad crossing design, and access management plans. Projects include Colonial Boulevard Improvements, Immokalee Road Widening Project, Lee Boulevard Six-Laning, Bonita Beach Road and Alico Road Widening. Traffic Impact Statements & Site Access Studies Mr. Banks has prepared countless Traffic Impact Statements & Site Access Studies for privately funded, publicly funded and public utilities projects. Types of projects that he has worked on include 9.A.2.g Packet Pg. 101 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) JMB Transportation Engineering, Inc. Key Personnel - James M. Banks, P.E., President all size of commercial/medical/airport projects and every possible type and size residential and mixed-use developments, including projects that were deemed Developments of Regional Impact (DRI's). Governmental agencies have used reports that were prepared by Mr. Banks as "guidelines" that have been distributed to other professionals for their consideration when producing their work products. Mr. Banks has a earned reputation with the private sector of having the skills necessary to navigate through the permitting process with ease . Expert Witness Mr. Banks has provided expert witness testimony at numerous court proceedings and public hearings regarding traffic/transportation related matters. He has testified in various forums; such as, county commission meetings, hearing examiner reviews, courts of law, public workshops, port authority meetings, and peer review functions. Types of issues that Mr. Banks provided testimony for were right-of-way acquisition cases; zoning and land use amendments, land development projects, corridor studies, roadway improvement projects, transportation improvement projects, and airport construction projects. Selected Project Experience Colonial Boulevard Improvements for Lee County DOT -Engineer of Record/Project Manager for the preparation of at-grade and interchange signalization plans, signing & pavement markings plans, street lighting and complex maintenance of traffic plans. Also, provided right-of-way acquisition services to the Lee County Attorney's office. SWFIA Expansion/Treeline Avenue Extension for FAA & Lee County Government - Engineer of Record for the Transportation Demand/Needs Study that was used as the basis for the ultimate design and construction. Prepared signalization plans and intersection geometry plans for complex intersections. Immokalee Road Improvements for Collier County DOT - Engineer of Record/Project Manager for the preparation of signalization, signing & pavement markings, street lighting plans. Alico Road Six Laning - Engineer of Record for the Corridor Study that was used as the basis for the ultimate design and construction. Prepared signalization plans, maintenance of traffic plans, railroad crossing, provided peer review/QC for road design plans. Lee Boulevard - Engineer of Record for the Corridor Study & Access Management Plan that was used as the basis for the ultimate design and construction. Prepared signalization plans, maintenance of traffic plans, and provided peer review/QC. State Road 80 - FDOT - Design Engineer for the widening and drainage improvements of S.R. 80 from I-75 to Buckingham Road, in Lee County. 9.A.2.g Packet Pg. 102 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) RESUME Marco A. Espinar Bilingual: English & Spanish 3211 68th St SW Office: 239-263-2687 Naples, Fl 34105 Home 239-263-2747 EDUCATION Cardinal Mooney High School Diploma 1980 Sarasota, Florida Manatee Junior College AA Degree 1982 Bradenton, Florida Biology University of South Florida BS Degree 1990 Tampa, Florida Biology Completed USF Cooperative Education Program April 1988 USF Undergraduate Research - USF 1985 Apalachicola Archaeological Expedition & Research - Lab Coordinator of Fauna Identification from Archeological Sites - Studies of Seagrass Beds (Thalassia testudinum) in Upper Tampa Bay, Florida - Growth Rates of Marine Algae (Gracilaria tikvahiae, G. verrucosa, G. deblis ) Port Manatee, Florida EMPLOYMENT HISTORY & EXPERIENCE Collier Environmental Consultants Inc. Owner & Environmental Planning / Naples, Florida 2/96 - Present Biologist Environmental Permitting, Planning Exotic Plant Removal / Poisoning Vegetation Inventory Mitigation Plantings Mitigation & Monitoring Plans Jurisdictional Determination Threatened and Endangered Species Survey Environmental Impact Statements Licensed Agent Gopher Tortoise Permitting, Red Cockaded Woodpecker Survey Testing, Relocation UMAM Analysis BP- Natural Resource Advisor - Deepwater Horizon MS Canyon 252 Oil Spill Gulfport, Mississippi - Dauphin Island, Alabama - Pensacola, Florida 9.A.2.g Packet Pg. 103 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Turrell & Associates, Inc. Senior Environmental Planner Naples, Florida 2/94 - 12/95 Environmental Permitting, Planning Supervision of Staff Threatened and Endangered Species Survey Review Staff Reports Environmental Impact Statements South Florida Water Management District Environmental Analyst Fort Myers, Florida 2/93 - 8/93 Dredge & Fill Permit Review Surface Water Permit Review Collier County Government, Development Services Environmental Specialist II Naples, Florida 10/90 – 2/93 Site Development Plan Compliance Landscape Inspections Planned Unit Development Compliance Environmental Enforcement Site Drainage Inspections Southwest Florida Water Management District Field Services Technician Tampa, Florida 9/87 – 10/90 As-Built Inspections of Storm Water System - Engineering, Survey Surface and Ground Water Permit Compliance Well Construction & Abandonment Inspections Southwest Florida Water Management District (CO-OP) Environmental Scientists 1 Brooksville, Florida 1/86 - 9/87 Wetland Vegetation Studies At Major Well Fields Water Quality Sampling & Testing PROFESSIONAL ASSOCIATIONS Southwest Florida Association of Environmental Professionals, Member Elected to very First Governing Board and served 2 terms, served on founding association – Bylaws Committee Appointed by the Board of County Commissioners and Served on the Collier County Environmental Advisory Board Appointed by the Board of County Commissioners and Currently Serving on the Development Services Advisory Committee 9.A.2.g Packet Pg. 104 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Currently Serving on the Land Development Code Sub-Committee Appointed by the Board of County Commissioners and Served on Conservation Collier Land Acquisition Advisory Committee 6 years Served as Chairman of the Conservation Collier Lands Evaluation and Management Sub- Committee, Award for Ten (10) years of my Voluntary Service to Collier County By the Board of County Commissioners - January 2010 Awarded Outstanding Advisory Board Member Award - February 2009 by Collier County Board of County Commissioners Gopher Tortoise Management and Mitigation Professional Training Program Successful Completion 9/01 REFERENCES UPON REQUEST 9.A.2.g Packet Pg. 105 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Curriculum Vitae George Russell Weyer President Real Estate Econometrics, Inc. 707 Orchid Drive Naples, FL 34102 (239) 269-1341 rweyer@ree-i.com Overview  Over 20 years of real estate development experience in Florida, Ohio and Nevada with large corporations and family-owned companies that focused on commercial office, retail, industrial, hospitality, amenity and large scale community and residential development.  Senior management experience with the entire development process from acquisition identification, due diligence, purchase negotiations, financing, planning and securing entitlements, horizontal and vertical construction, sales/leasing and marketing, to property management and condominium turnover and disposition. Skills also include land acquisition, land planning, entitlement process, financing proforma development, market analysis, land development, CDD management, financing and assessment determination, home and commercial construction, sales and Marketing management, builder selection and management, amenity design and management, residential and commercial property owners association management and design review committee management .  Experience with governmental entities on budgeting, financing and identifying and implementing economic development programs.  Full member of the Urban land Institute and the past chairman of ULI’s Southwest Florida District Council. Expert Testimony  Mr. Weyer has testified as an expert in front of the following courts of law: o In the Circuit Court of the Fifth Judicial Circuit in and for Sumpter County, FL o Florida Department of Administrative Hearings o In the Circuit Court of the Twentieth Judicial Circuit Court in and for Collier County, FL o in the Circuit Court of the Twentieth Judicial Circuit Court in and for Lee County, FL o United States Bankruptcy Court, Middle District of Florida, Fort Myers Division o United States District Court, Middle District of Florida, Fort Myers Division 9.A.2.g Packet Pg. 106 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)  Mr. Weyer has testified as an expert in front of the following governmental jurisdictions: o City of Naples, Florida o Collier County, Florida o City of Bonita Springs, Florida o Hillsborough County, Florida o Lee County, Florida o City of Fort Myers, Florida o City of Cape Coral, Florida o City of North Port, Florida o City of Tamarac, Florida o Miami-Dade County, Florida o Community Redevelopment Agency, Fort Myers, Florida o Community Redevelopment Advisory Board, Naples, Florida  Mr. Weyer has testified as an expert for following bond validation hearings: o Ave Maria Stewardship Community District o Fronterra Community Development District o Hacienda Lakes Community Development District o Cypress Shadows Community Development District Professional Experience  President, Real Estate Econometrics, Inc., Naples, FL 2014-Present Real Estate Econometrics, Inc., a full-service consulting firm specializing in financial, economic and fiscal analysis and implementation for real estate projects, is well-versed in all aspects of the real estate/land development process from determining the market and land acquisition through planning and development and finally marketing and land disposition. Performing real estate valuation analysis, entitlement analysis (commercial need, affordable housing, fiscal impact), CDD formation and management, CDD methodology consultant, commercial POA management, fiscal impact analysis of real estate projects, large scale development market analysis, economic impact analysis, government assessment methodology development, litigation support analysis, public/private partnership coordination, tax increment financing.  Senior Associate, Fishkind & Associates, Inc., Naples, FL 2004-2014 Real estate valuation analysis, entitlement analysis (commercial need, affordable housing, fiscal impact), CDD formation and management, CDD methodology consultant, commercial POA management, fiscal impact analysis of real estate projects, large scale development market analysis, economic impact analysis, government assessment methodology development, litigation support analysis, Cape Canaveral economic and fiscal impact, annexation analysis, impact fee analysis, public/private partnership coordination, tax increment financing. 9.A.2.g Packet Pg. 107 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)  V.P. Development, JED of Southwest Florida, Inc. Naples, FL 2003-2004 Office complex design, construction and management, neighborhood retail complex design, construction and management, entitlement process management.  President, GRW Management, Inc., Naples, FL 2001-2003 Market and entitlement analysis  President, London Bay Homes, Inc. subsidiary, Romanza, Inc. Naples, FL 2000-2001 Managed two offices of an interior design company. Turn around into profitable entity.  V.P. Resort Operations, Lake Las Vegas Joint Venture, Las Vegas NV 1999-2000 Managed all commercial operations on site – 2 hotels, small retail center, two casinos, private community club, lake/marina operations, managed public and private golf course operations, designed and constructed third public golf course and clubhouse, community liaison for development company, design review committee chair, property owners association chair.  President & CEO, Cavalear Corporation, Toledo, OH 1997-1999 Management of 3 master planned communities – one with lake and two with golf courses, development and construction management of 2 residential villa neighborhoods, unit construction for two villa developments, single family unit construction  Director of Commercial Sales, Amenity Management & Marketing, Westinghouse Communities, Inc. Naples/Fort Myers, FL 1983-1997 Amenity manager, managed public and private golf courses, builder program manager, builder sales manager, model row development, marketing manager for two large scale master planned communities – Pelican Bay and Gateway, started and managed Pelican Landing and Pelican Marsh marketing departments. Education University of Miami, Miami, FL MBA 1993 Michigan State University, Bachelor of Arts, Communications, 1977 9.A.2.g Packet Pg. 108 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Immokalee Road/4th Street N.E. Mixed Use Subdistrict (PL20190002355) Exhibit IV.C Proposed Future Land Use Map SUBJECT PROPERTY 9.A.2.g Packet Pg. 109 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 110 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 111 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) RANDALL BOULEVARD ORANGE TREE BOULEVARDIMMOKALEE ROAD4TH STREET N.E.SUBJECT PROPERTY - 50.18± ACRES EXISTING FLUE:RURAL GOLDEN GATE ESTATES, ESTATES DESIGNATION, MIXED USE DISTRICT, RESIDENTIAL ESTATES SUBDISTRICT EXISTING ZONING:E, ESTATES ADJACENT PROPERTY ZONING LAND USE NORTH E UNDEVELOPED EAST MPUD (ORANGE TREE)ROW, RESIDENTIAL, COMMERCIAL, UNDEVELOPED SOUTH MPUD (ORANGE TREE)ROW, COMMERCIAL WEST E RESIDENTIAL 0 400'200' SCALE: 1" = 400' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" SUBJECT PROPERTY 50.18+/- ACRES 300 FOOT RADIUS ZONED: E USE: UNDEVELOPED ZONED: EUSE: RESIDENTIALZONED: ORANGETREE MPUD USE: UNDEVELOPED ZONED: ORANGETREE MPUD USE: RESIDENTIAL ZONED: ORANGETREE MPUD USE: COMMERCIALZONED: EUSE: RESIDENTIAL9.A.2.g Packet Pg. 112 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Immokalee Road/4th Street N.E. Mixed Use Subdistrict (PL20190002355) Exhibit V.B Future Land Use and Designation SITE ESTATES DESIGNATION, MIXED USE DISTRICT, RESIDENTIAL ESTATES SUBDISTRICT = 50.18± ACRES 9.A.2.g Packet Pg. 113 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 114 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 115 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 116 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 117 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 118 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 119 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 120 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 121 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 122 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 123 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 124 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 125 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 126 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 127 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 128 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 129 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.gPacket Pg. 130Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use 9.A.2.gPacket Pg. 131Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use 9.A.2.g Packet Pg. 132 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 20' WIDE TYPE 'D' LANDSCAPE BUFFER IMMO K A L E E R O A D 10' WIDE TYPE 'A' LANDSCAPE BUFFER (SEE NOTE #3) ZONED: E, ESTATES USE: UNDEVELOPED RESIDENTIAL ZONED: E, ESTATES USE: UNDEVELOPED RESIDENTIAL (PROPOSED CPUD, PL20200000546) ZONED: ORANGETREE PUD USE: UNDEVELOPED COMMERCIAL ZONED: ORANGETREE PUD USE: RESIDENTIAL ZONED: ORANGETREE PUD USE: COMMERCIAL4TH STREET N.E.ZONED: E, ESTATES USE: RESIDENTIAL ZONED: E, ESTATES USE: RESIDENTIAL ZONED: E, ESTATES USE: UNDEVELOPED RESIDENTIAL R MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER C C PRESERVE POTENTIAL INTERCONNECTION PRESERVEWATER MANAGEMENT 1 1 2 3 4 1 2 3 4 AMENITY AREA (GENERAL LOCATION) 5 5 0 300'150' SCALE: 1" = 300' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" # DEVIATION R RESIDENTIAL C COMMERCIAL LEGEND 9.A.2.g Packet Pg. 133 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 134 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 135 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 136 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.gPacket Pg. 137Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use 9.A.2.gPacket Pg. 138Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use 9.A.2.g Packet Pg. 139 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 140 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 141 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 142 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 143 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 144 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 145 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.gPacket Pg. 146Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use 9.A.2.gPacket Pg. 147Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use 9.A.2.g Packet Pg. 148 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 149 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 150 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 151 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 152 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 153 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 154 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.gPacket Pg. 155Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use 9.A.2.gPacket Pg. 156Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use 9.A.2.gPacket Pg. 157Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use 9.A.2.g Packet Pg. 158 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 159 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 160 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 161 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 162 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) December 22, 2020 Page 1 of 5 RCIRP-19 Exhibit VD Growth Management-r2.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Immokalee Road/4th Street N.E. Mixed Use Subdistrict (PL20190002355) Exhibit V.D Growth Management The proposed Golden Gate Area Master Plan, Rural Golden Gate Estates Sub-Element amendment establishes the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. The new subdistrict will provide for a variety of retail, office, personal service and residential land uses. Access to the property will be via Immokalee Road and a vehicular interconnection with the property located immediately north of the subdistrict. The maximum non-residential square footage permitted is 150,000 square feet. The maximum allowable number of residential dwelling units will be 400. Under Chapter 163 F.S., local governments are authorized to adopt and amend their comprehensive plans. Staff has requested that the applicant address three sections from Chapter 163. Chapter 163.3167 Scope of act.— (9) Each local government shall address in its comprehensive plan, as enumerated in this chapter, the water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the applicable plan developed pursuant to s. 373.709. The project will be provided potable water and sewer service by Collier County Utilities. No capacity issues exist or are anticipated in the service area. Chapter 163.3177 (6) (a) 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. 9.A.2.g Packet Pg. 163 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Page 2 of 5 i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Chapter 163.3177 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. The Immokalee Road/4th Street N.E. Mixed Use Subdistrict is consistent with Chapter 163.3177, F.S. The property is currently owned by Collier County Real Property and is selling the property with the understanding that the contract purchaser is attempting to modify the Golden Gate Area Master Plan in order to permit a mixed-use project at this location. At numerous public meetings, residents of the rural Golden Gate Estates area have indicated their desire to have more opportunities to dine or shop nearer to their homes in Golden Gate Estates, rather than to make a more than 5 mile trip west to the urban area in order to obtain daily goods and services. The subject property has access to Immokalee Road, a major arterial county roadway, and water and sewer availability. The site was previously contemplated for nonresidential use as a County maintenance facility and public-school bus depot; however, residents in the immediate area vocalized their opposition to this plan. In the recent public engagement process for evaluating the Golden Gate Area Master Plan, residents expressed their desire to have additional opportunities near their homes where they could shop, dine or obtain personal services. The applicant is also proposing to provide a mixed-use opportunity at this location by providing for up to 400 dwelling units. All of the rural Golden Gate Estates provides opportunities for low density single-family residential dwellings at a density of 1 du/2.5 acre. Providing for higher density residential development will provide needed housing options for the area residents. The applicant had retained services of an economist to analyze the commercial and residential market and they have prepared a report that concludes that demand exists for the requested intensity of development. The analysis also considers that in a separate Golden Gate Estates Master Plan Amendment that the previously approved Estates Shopping Center Subdistrict is proposing to reduce the allowable commercial square footage from 190,000 square feet to 50,000 square feet. The reduction of 140,000 square feet of space at the intersection of Golden Gate Boulevard and Wilson Boulevard is effectively being shifted to the subject property located at Immokalee Road and 4th Street S.E. The plan amendment will result in a net increase of only 10,000 square feet of newly allocated commercial space within the market drive time demand analysis. Factors for the on-going demand for alternative housing types and additional 9.A.2.g Packet Pg. 164 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Page 3 of 5 commercial development include the convenience of having shopping and dining in closer proximity to their homes and opportunities for housing other than large lot single family homes. The subdistrict includes all available land under single ownership of a size adequate to support a mixed-use project. 163.3184 Process for adoption of comprehensive plan or plan amendment. This section of the statute outlines the process and authority for agency review of plan amendments. The applicant understands that regional and state reviewing agencies will be responsible for review of any comprehensive plan amendments per the requirements of Chapter 163.3184 F.S. The applicant’s experts are of the opinion that there are no regional or state impacts associated with the application. Project Justification Future Land Use Element: The proposed amendment is to the Golden Gate Area Master Plan, Rural Golden Gate Estates Sub-Element. The establishment of this subdistrict is similar to other prior amendments to the Golden Gate Area Master Plan, which have established through the statutory plan amendment process uses and development standards for uses other than very low-density single-family residential development. The community has acknowledged that a continuation of this low- density land use pattern has resulted in urban sprawl. Many areas within the Rural Golden Gate Estates area do not have available water and sanitary sewer services. The subject property does have available water and sanitary sewer service available from Collier County Utilities. The subject property is also on Immokalee Road which is one of Collier County’s busiest arterial roadways and the primary arterial providing access to Golden Gate Estates residents. In 2019 this segment of Immokalee Road carried nearly 40,000 average annual daily vehicle trips making it one of Collier County’s heaviest traveled roadways. With the six-lane roadway and heavy traffic volumes, the property is not conducive or compatible for low density residential development. In addition to the Golden Gate Area Master Plan the property is subject to general policies of the Collier County Growth Management Plan. Policies 5.5 and 5.7 of the Future Land Use Element discourage urban sprawl by confining urban intensities of development to those areas designated Urban on the Future Land Use Map. The proposed amendment does not represent urban sprawl. The subject property is served by urban services and has commercial and residential development located to the west, south and east. Policy 5.6 requires that new developments shall be compatible with and complementary to the surrounding land uses as set forth in the Land Development Code. The amendment is accompanied by a PUD rezoning application which provides for land uses with development 9.A.2.g Packet Pg. 165 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Page 4 of 5 standards which will result in a compatible relationship with surrounding development. The PUD also provides for large buffers to the most immediate neighboring residences. The amendment is complementary in that it provides for shopping, dining and personal services conveniently located for area residents, resulting in fewer vehicle miles traveled. The variety of housing proposed with complement the single dwelling unit type currently permitted in the immediate area. Objective 7 and the implementing policies promote interconnection with adjoining neighborhoods and streets. The property will provide for an interconnection to the property located immediately to the north, which will provide an opportunity to obtain access to the signalized intersection at Orangetree Boulevard. Transportation Element: Policy 5.1 requires that all projects are evaluated to determine their effect on 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. This Growth Management Plan Amendment application includes a comprehensive assessment of the transportation impacts associated with the project and concludes there is not detrimental impact to the roadway level of service. Public Facilities Element: The property is served by potable water and sanitary sewer services. Water and sewer is provided by Collier County Utilities. No capacity issues have been identified or are anticipated in the future. The site will require a modification of a previously issued South Florida Water Management District permit for improvements related to the proposed commercial uses on a portion of the site. Conservation and Coastal Management Element: Policy 6.1.1 requires that developments containing native vegetation communities must retain a minimum of 15% of existing native vegetation for commercial developments and a minimum of 25% of the existing native vegetation on-site for mixed use developments unless circumstances warrant a lesser preservation area on-site. As part of the contract for purchase of the property from Collier County, the applicant is required to provide water management facilities on-site, which will serve not only the mixed use project but also provide for additional surface water management for future planned roadway improvements to facilitate expansion of the Immokalee Road/Randall Boulevard intersection. Due to the provisions of additional lands for future expansion of essential public services a 10% reduction in native vegetation preservation on this site is warranted. The subdistrict requires on-site preservation of 15% of the existing native vegetation and is consistent with the policies of the Conservation and Coastal Management Element. 9.A.2.g Packet Pg. 166 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Page 5 of 5 A portion of the property has previously been cleared for use by Collier County as a water management area in support of existing and future improvements to Immokalee Road. The County also requires the applicant to reserve additional areas on-site to provide for future roadway improvements to Randall Boulevard and Immokalee Road. These circumstances warrant retention of 15% native vegetation for this subdistrict. 9.A.2.g Packet Pg. 167 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) COMMERCIAL NEEDS ANALYSIS AND RESIDENTIAL MARKET STUDY FOR SUBJECT PROPERTY AT THE NORTHEAST CORNER OF 4TH STREET N.E. AND IMMOKALEE ROAD COLLIER COUNTY, FLORIDA August 26, 2020 Prepared for SageStone Partners I LLC Building B, Suite 120 5775 Glenridge Drive Atlanta, GA 30328 Prepared by Real Estate Econometrics, Inc. Real Estate Econometrics, Inc. Suite 100 707 Orchid Drive Naples, Florida 34102 (239) 269-1341 Ree-i.com 9.A.2.g Packet Pg. 168 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 1 Background SageStone Partners (“Client”) is submitting a Collier County Growth Management Plan (“GMP”) amendment to change the zoning on two parcels totaling 50.18 +/- acres (“Subject Property”) located at the northeast corner of 4th Street NE and Immokalee Road in Collier County, Florida. The Subject Property is located within the Estates Designation, Mixed Use District, Residential Estates Sub-District and is currently zoned E, Estates. The Client is seeking to change the Future Land Use Element (“FLUM”) to Estates Designation, Mixed Planned Use District, (Randall Curve or Immokalee Road/4 th Street N.E.) Mixed Use Sub-District. The Client is interested in developing the Subject Property as a C-4 Commercial site including 150,000 square feet of various uses as permitted in the C-4 designation. The Client is also interested in developing 400 residential units on the Subject Property. The Client is proposing the transfer of 140,000 square feet of approved commercial from their Subject Property at the corner of Wilson Boulevard and Golden Gate Boulevard to the Subject Property. The 140,000 square feet is already accounted for in the supply analysis portion of this study. The Client has retained Real Estate Econometrics, Inc. (“Consultant”) to prepare a Commercial Needs Analysis to determine the potential for developing the various C-4 uses on the Subject Site as required by the Collier County Future Land Use Element (“FLUE”). The FLUE requires a commercial needs analysis (”Study”) with the submittal of a commercial rezone within a Mixed-Use Activity Center. The Consultant has also been retained to prepare a residential market study (“Residential Study”) for the proposed 400 residential units. The proposed sub district is not located within an Activity Center. Therefore, Collier County staff has requested a commercial needs analysis and parallel residential market study for the Subject Property. The Consultant is well-versed in preparing real estate needs analysis and market studies especially in the Southwest Florida marketplace. The Commercial Needs Study is comprised of four parts; the site assessment, population growth around the Subject Property, the market supply and demand analysis, and conclusions. The Residential Study focuses on condominium and apartment development and is comprised of three parts; population growth, market supply and demand analysis, and conclusions. 9.A.2.g Packet Pg. 169 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 2 1.0 COMMERCIAL NEEDS ANALYSIS Subject Property Attributes The Subject Property is located on the north and west side of Immokalee Road at the corner of 4th street NE and Immokalee Road at the bend in Immokalee Road in Section 22 – Township 48 – Range 27. An aerial locator photo (Figure 1.0 below) is followed by a summary of the Subject Property’s legal, location, zoning, and land use attributes obtained from the Collier County Property Appraiser website on the next page. Figure 1.0. Proposed Immokalee Road/4th Street N.E. 50-Acre MPUD Location Map Source: ESRI ArcMap 10.8 9.A.2.g Packet Pg. 170 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 3 Parcel 1 Parcel 2 9.A.2.g Packet Pg. 171 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 4 Location Analysis The Subject Property’s strategic location allows reasonable access to the site and provides for an ideal location for commercial activities. As noted above, the Subject Property is strategically located to accommodate the proposed C-4 commercial use. The commercial offerings will have high visibility to Immokalee Road. Figure 1.0 previously shows the location of the Subject Property. 1.1 Population Growth Around Subject Property Overview of Florida Population Florida is currently the nation’s fourth most populous state, home to an estimated 21.8 million people according to the Census Bureau. By the year 2030, Florida’s population is projected to total 24.4 million people according to the medium range series from the University of Florida’s Bureau of Economic and Business Research. This represents an increase of 260,000 per year. Florida’s population growth is depicted in Figure 1.1 below. This shows the latest projections of growth by county for the year 2030. As you can see, the most heavily populated counties in Florida are Broward, Miami-Dade and Palm Beach counties in Southeast Florida; Hillsborough and Pinellas counties in the Tampa metro market; Orange County in Central Florida, and Duval County in the Jacksonville metro area. Figure 1.1 Source: University of Florida Bureau of Economic and Business Research 0 90 18045 Miles ² Florida Counties Population Projections 2030 100,000 or less 100,001 - 250,000 250,001 - 500,000 500,001 - 1,000,000 1,000,001 + 2030 Population Projections by County 9.A.2.g Packet Pg. 172 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 5 Overview of Collier County Population Growth Currently, there are an estimated 373,000 people living year-round in Collier County. Since the 2000 Census, the County’s population has increased by nearly 45%, the equivalent of 115,074 new residents as shown in Figure 2.2.1 below. Looking ahead, the County will continue to gain new residents at a rate greater than that of the state of Florida. By the year 2045, the population of Collier County is projected to total 569,322 residents. This is a projected annual growth rate of just over 2% from 2015 to 2040 compared to Florida’s annual growth rate of 1.08% during the same time period. Table 1. Collier County Projected Population Growth Source: Collier County Comprehensive Planning Section Population growth in Collier County is primarily due to the in-migration of the ongoing arrival of baby boomer retirees. The number of baby boomers reaching retirement age will peak in the early 2020s. (Rest of page left intentionally blank) Countywide Total Population Growth 2000 2010 2014 2015 2020 2025 2030 2035 2040 2045 Permanent Population Estimates and Forecasts 257,926 322,653 340,293 347,002 383,166 416,607 446,284 484,017 524,939 569,322 5-year Percent Increase 7.55% 10.42% 8.73% 7.12% 8.45% 8.45% 8.45% 2.14%= Average Annual Growth Rate between 2015 and 2045 8.45% = Average 5-Year Growth between 2010 and 2030 to forecast 2035-2045 Source: Collier County Comprehensive Planning Section June 14, 2018 9.A.2.g Packet Pg. 173 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 6 15-Minute Drive Time Demographic Detail The Urban Land Institute (“ULI”) defines commercial shopping centers in three categories. The categories are neighborhood, community and regional. Those categories are characterized by drive times and size in square feet as shown in Table 1 below. Table 2. ULI Commercial Shopping Center Definitions Neighborhood Up to 10-Minute Drive Time = <100,000 Sq. Ft. Community 10-30 Minute Drive Time = 100,000 to 300,000 Sq. Ft. Regional 30-Minute and over Drive Time = >300,000 Sq. Ft. Source: Urban Land Institute, Dollars and Cents of Shopping Centers, 2008 The Subject Property proposed development plan would categorize it as a medium size Community Center. ULI defines Community Centers in their 2008 Dollars and Cents of Shopping Centers as follows: “The community shopping center is a larger than a neighborhood center but with neither a traditional department store nor the trade area of a regional shopping center. It includes traditional community shopping centers, power centers, town centers, lifestyle centers, and outlet/off-price centers that meet these criteria. The average total floor space (GLA and all other floor area) of the community centers in this study is about 192,700 square feet; the median is about 177,328 square feet with 80 percent of the centers between 109,195 and 376,200 square feet in size.” Drive time areas are calculated by Environmental Systems Research Institute (“ESRI”). The ESRI Business Analyst program calculates drive times by actual street networks and posted speed limits. In general, Neighborhood Centers have a drive time area of up to 10 minutes, Community Centers have a drive time area of 10 to 20 minutes depending on the size and Regional Centers have a drive time area of 30 minutes and over depending on the size. Since the Subject Property is proposed for 150,000 square feet of commercial space, it falls within the Community Center category and the supply/demand analysis will be performed on a 15-minute drive time market area since its size falls in the middle of the Community Center category. 9.A.2.g Packet Pg. 174 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 7 Figure 1.2 below depicts the 15-minute drive time area from the Subject Property. Figure 1.2. 15-Minute Drive Time from Subject Property Source: ESRI ArcGIS Business Analyst Mapping System (Rest of page left intentionally blank) 9.A.2.g Packet Pg. 175 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 8 The following table 3 shows the U.S. Census demographic profile of the population that lives within the 15-minute drive time of the subject site. Table 3. Subject Property Drive Time Demographic and Income Profile Source: ESRI and U.S. Census Bureau 9.A.2.g Packet Pg. 176 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9 In order to determine commercial demand coming from the 15-minute drive time market area, it is important to determine the ratio between the overall County population and the population in the 15-minute drive time market area. In 2010, the population in the 15-minute drive time market area was 41,495, which was 12.86% of the County population. That percent increased to 14.38% of the County population in 2015. That one and a half percent increase is an indication of the growth potential in the Northeast Naples area due to the large percentage of undeveloped land and the potential for population growth in that area versus the land constrained developed areas of the County. The Consultant conservatively estimates that the Northeast Naples percentage of County population will continue to increase along with the southeast and east County regions due to developable land availability. Therefore, the Consultant used a 1.5% increased growth factor for the future 15-minute drive time area population percentage of the overall County population as shown in Table 4 below. Table 4. 15-Minute Drive Time Population Forecast Source: Collier County Comprehensive Planning Section, U.S. Census Bureau and ESRI 1.2 MARKET ANALYSIS Market Area Demand The most reliable indicator of commercial market demand in the County is to determine the amount of commercial square footage built in the County then divide that total amount by the County population to arrive at square feet per capita (person) in the existing market. Historical commercial development in relation to population growth encompasses all aspects of land development over time including geography, economic fluctuations and various commercial uses as they relate to market demographics. Year 2020 2025 2030 2035 2040 2045 Collier County GMD Population Forecast 383,166 416,607 --- --- --- --- 15-Minute Market Area Census Population 54,431 59,901 --- --- --- --- Share 14.21% 14.38% 15.88% 17.38% 18.88% 20.38% Collier County GMD Population Forecast 446,284 484,017 524,939 569,322 15-Minute Market Area Census Population 70,862 84,114 99,100 116,018 9.A.2.g Packet Pg. 177 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 10 Collier County in particular has shown a propensity for commercial development to follow residential development as the primary economic drivers are tourism, agriculture and real estate construction. The limited economic diversification fuels residential development, which then supports commercial development as peoples moving into the County require goods and services. Therefore, the commercial square feet per capita measure takes into account all of the factors previously mentioned. The Consultant utilized the 2014 commercial inventory spreadsheets by planning area as provided by the Collier County Comprehensive Planning Section (“CCCPS”) to determine the total amount of commercial square footage built in the County as of 2014. Acreage not built upon was not used in this calculation. In order to make an accurate calculation, the Consultant then used the 2014 Collier County population from the CCCPS to match the supply data and calculate the commercial square footage per capita in the County. The Commercial square foot demand per capita in Collier County is 78.22 as shown in Table 5 below. Table 5. Collier County Per Capita Commercial Square Feet Demand Collier County 2014 Planning Area Square Feet Immokalee Area 2,355,554 Marco Island 158,081 Central Naples 2,732,949 Corkscrew 70,748 East Naples 4,244,976 Golden Gate 1,574,301 North Naples 9,726,289 Royal Fakapalm 522,764 Rural Estates 452,781 South Naples 2,277,828 Urban Estates 2,500,631 26,616,902 2015 Population 340,293 (October 1st Fiscal Year) Demand in Square Feet: 78.22 Source: Collier County Comprehensive Planning Section 9.A.2.g Packet Pg. 178 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 11 To further refine the demand numbers for the Subject Property’s particular market area, the Consultant used the 2014 commercial inventory spreadsheet for the Rural Estate and Urban Estates Planning Areas that are covered by the Subject Property’s drive time area. The drive time area is located within approximately 70% of the Rural Estates and 30% of the Urban Estates. The Consultant then took 70% of the Rural Estates existing commercial square footage and 30% of the Urban Estates square footage, added them together and divided by the drive time population thus yielding a demand of 22.29 square feet of commercial space per capita as shown in Table 6 below. Table 6. Subject Property Drive Time Per Capita Commercial Sq. Ft. Demand Collier County Planning Area 2014 Sq. Ft. Percent Drive Time Sq. Ft. Rural Estates 452,781 70.00% 316,947 Urban Estates 2,500,631 30.00% 750,189 1,067,136 2015 Drive Time Area Population: 47,867 Per Capita Commercial Square Feet Demand: 22.29 Source: Collier County Comprehensive Planning Section and U.S. Census Bureau With the 15-minute drive time market area estimated population and the commercial demand in square-feet per capita determined, the Consultant calculated the estimated commercial square footage demand for the 15-minute drive time market area through the year 2045 as shown in Table 7 below. Table 7. Subject Property Drive Time Per Capita Commercial Sq. Ft. Demand 2020 2025 2030 2035 2040 2045 County Population 383,166 416,607 446,284 484,017 524,939 569,322 15-Minute Drive Time Population 54,431 59,901 70,862 84,114 99,100 116,018 Demand Square Feet Per Capita 22.29 22.29 22.29 22.29 22.29 22.29 Commercial Square Feet Demand 1,213,473 1,335,420 1,579,788 1,875,216 2,209,305 2,586,484 Source: Collier County Comprehensive Planning Section and the Consultant 9.A.2.g Packet Pg. 179 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 12 Market Area Supply The next step in the commercial needs analysis is to determine the amount of existing and potential competing commercial square footage in the 15-minumte drive time market area. The Consultant performed a three-part process in the ARCgis desktop program to determine both the existing and potential competing commercial parcels that would be used in the analysis. The first step in the process is to join all of the Collier County Property Appraiser data with the ARCgis program. The second step is to join the 15- minute drive time market area overlay shape file with the Property Appraiser data. The final step is to join the Excel commercial inventory data obtained from Collier County Comprehensive Planning Staff with the 15-minute drive time market area. This last step required joining the Rural Estates Planning Area and Urban Estates Planning Area Inventory spreadsheets with the 15-minute drive time market area since the drive time area encompassed portions of the two planning areas. All of the commercial parcels included or excluded within the 15-minute drive time market area are shown in Appendix Tables A through D at the end of this analysis. The Consultant then used a floor area ratio (“FAR”) that consists of using all of the commercial square footage built in the drive time market area and dividing that by the developed acreage to obtain an average square footage per acre FAR that is indicative of the true market area supply being developed to meet the commercial demand being generated from the drive time market area. This FAR calculation was applied to the vacant acreage so a total potential square foot supply could be calculated for the undeveloped commercial acreage. Table 8 below indicates the total amount of existing and potential commercial square feet in the 15-minute drive time market area. Table 8 – Existing and Potential Commercial Square Feet in Drive Time Market Parcels Acres Square Feet FAR Developed Commercial 33 114.54 725,404 6,333 Undeveloped Commercial 33 110.69 701,063 6,333 Totals 66 225.23 1,426,467 Source: Collier County Comprehensive Planning Section, Collier County Property Appraiser and ESRI ARCgis mapping system 9.A.2.g Packet Pg. 180 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 13 Market Area Supply – Demand Analysis The final step in the Commercial Needs Analysis is to put the supply and demand calculations together in order to determine the oversupply or undersupply of commercial space in the 15-minute drive time area both with the current existing and potential commercial square footage and with the proposed project acreage being included in the supply totals. The Consultant also included the approved but not developed Orange Blossom Ranch commercial (200,000 sq. ft.), the recently approved River Grass commercial (80,000 sq. ft.) and Hyde Park commercial (45,000 sq. ft.) in the vacant square footage totals. Table 9 below shows that calculation. Table 9. Drive Time Demand-Supply Calculation Retail Demand (sq. ft.) 2020 2025 2030 2035 2040 2045 Demand Per GMD Commercial Inventory & Population 1,213,473 1,335,420 1,579,788 1,875,216 2,209,305 2,586,484 Retail Supply Developed 725,404 725,404 725,404 725,404 725,404 725,404 Vacant 1,026,000 1,026,000 1,026,000 1,026,000 1,026,000 1,026,000 ======= ======= ======= ======= ======= ======= Total Supply 1,751,404 1,751,404 1,751,404 1,751,404 1,751,404 1,751,404 Allocation Ratio 1.44 1.31 1.11 0.93 0.79 0.68 Source: Collier County Comprehensive Planning Section, Collier County Property Appraiser, ESRI ARCgis mapping system and the Consultant (Rest of page left intentionally blank) 9.A.2.g Packet Pg. 181 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 14 Adding the proposed 10,000 square feet (150,000 square feet minus the transfer of existing approved square footage (140,000 square feet from Wilson Boulevard and Golden Gate Boulevard) of commercial space proposed for the Subject Property to the developed supply row is shown in Table 10 below. Table 10. Drive Time Demand-Supply Calculation with Subject Property Included Retail Demand (sq. ft.) 2020 2025 2030 2035 2040 2045 Demand Per GMD Commercial Inventory & Population 1,213,473 1,335,420 1,579,788 1,875,216 2,209,305 2,586,484 Retail Supply Developed 735,404 735,404 735,404 735,404 735,404 735,404 Vacant 1,026,000 1,026,000 1,026,000 1,026,000 1,026,000 1,026,000 ======= ======= ======= ======= ======= ======= Total Supply 1,761,404 1,761,404 1,761,404 1,761,404 1,761,404 1,761,404 Allocation Ratio 1.45 1.32 1.12 0.94 0.80 0.68 Source: Collier County Comprehensive Planning Section, Collier County Property Appraiser, ESRI ARCgis mapping system and the Consultant The future demand generally looks out to the Comprehensive Plan’s horizon year which is generally dependent on the jurisdiction’s comprehensive plan and growth management plan horizon year requirements. In Collier County’s case, the Comprehensive Plan’s horizon year is 2030 or 10 years in the future. It is at this point of the analysis that has caused an anomaly in determining a true economic supply and demand result. On the supply side, it is relatively easy to determine the amount of existing and approved supply from the property appraiser data. The difficulty lies in the vacant non-approved potential lands. Collier County Staff requires the Applicant to take all of those lands that have a commercial overlay on them and include them as supply by putting a floor area ratio figure to the acreage. The issue becomes apparent when all of the lands that are not in the existing or approved category are included in the particular land use analysis. By putting all of the potential lands in the supply category, the assumption is that all of that land would be developed as that particular land use overlay and nothing else. 9.A.2.g Packet Pg. 182 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 15 The flaw in that representation is all of those vacant approved parcels and parcels designated by the FLUM as having the potential to be developed as one use, which could be a non-competing or some other commercial use. The same parcels are also counted as competing supply when a commercial needs analysis is performed for another commercial use. Essentially, they are double counted in both analyses when they will actually be developed as the market demand dictates. A general economic principal states that all markets are efficient and that supply for the most part is generated as demand dictates. It is a rare situation where supply generates demand. The allocation ratio measures the amount of additional acreage required in relation to the directly utilized acreage to assure proper market functioning in the sale, usage and allocation of land. The additional acreage is required in order to maintain market level pricing and to account for the likelihood that certain lands will not be placed on the market for sale during the forecast horizon or may be subject to future environmental or other constraints. Thus, the lands allocated in the FLUM should be considerably greater than those that will actually be used or developed. Again, basic economic principals have shown that markets are efficient in terms of supply and demand and the ultimate lack of available commercial choices creates an impediment to the market functioning properly. One must also consider that not all of the office/commercial designation in the future land use map will be developed as such since the owners of those properties will only develop the land with uses that respond to market demand. The increased acres will maintain flexibility within the comprehensive plan, keep prices reasonable by not constraining land supply, and compensate for lands which may be unavailable for sale or subject to environmental or other development constraints. Growth management practices have suggested that the greater the time horizon of the comprehensive plan, the greater the allocation ratio needed to maintain flexibility of the comprehensive plan. Other factors that influence the residential acreage allocation ratio are the nature and speed of the developing area and the area’s general exposure to growth trends in the market. The Consultant believes that to ensure proper flexibility in the comprehensive plan of a rapidly growing county like Collier, a commercial allocation ratio in the range of 1.25 to 1.5 is necessary to maintain planning flexibility and to account for the double counting of land uses. 9.A.2.g Packet Pg. 183 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 16 History has shown that the former Florida Department of Community Affairs (“DCA”) (Currently the Florida Department of Economic Opportunity) (“DEO”) recommended an allocation ratio of 1.25 in the horizon year of a comprehensive plan yet it had seen and approved allocation ratios in the 1.8 to 2.4 range and in some cases even larger allocation ratios for longer forecast horizons. Otherwise, if allocation ratios are not used in the analysis, then an appropriate breakdown of the potential lands between the various land use types needs to be undertaken in order to more accurately analyze the need for a comprehensive land use change. 1.3 CONCLUSIONS The Consultant used all of the data and analysis in the previous sections to determine the total supply and demand for commercial space in the Subject Property’s market area from 2020 through 2045. The results show that the addition of the Subject Property to the Collier County commercial inventory will not adversely affect the balance of commercial supply in the 15-minute drive time area. The Allocation Ratio is 1.12 in the Collier County Comprehensive Plan 2030 horizon year with the addition of the Subject Property which is below the recommended 1.25 allocation ratio as suggested by the former Florida DCA now Florida DEO. The 1.12 allocation ratio in 2030 is 0.03 below the constricting 1.15 ratio the County has used as a measuring stick. Another point to consider is that as this area develops, the population will increase significantly as other areas of the County reach full development and therefore the supply will need to be increased to reach the overriding demand from this growth. This area will rapidly trend toward the County-wide per capita square foot demand of 78.22 square feet. If the 78.22 square feet per capita calculation is used in this analysis, then the allocation ratio would be 0.33 in the horizon year of 2030. That is also economically unfeasible. The Consultant believes that the square foot per capita figure will increase in time over the building out of the rural estates and urban estates and would increase rather than remain a constant. Finally, while the total existing and potential commercial supply exceeds the demand, the potential supply makes up just under 50% of the total future supply in the 15-minute drive time area. Markets are efficient and the future supply will be developed as the market grows and diversifies. However, the future supply will be exhausted as it related to future demand just after 2030 so it is imperative that the future of the commercial supply in this 15-minute drive time market area needs to increase to accommodate the future demand. 9.A.2.g Packet Pg. 184 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 17 2.0 RESIDENTIAL MARKET ANALYSIS Proposed Product Market Impact Analysis The Subject Project is proposing the development of 400 residential units on the Subject Property. Those units would consist of single-family, duplex, multi-family or townhome dwelling units, group housing for seniors, model homes/sales or leasing offices and/or any other principal use, which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Collier County Hearing Examiner. The Subject Property has the potential to be developed as a mixed- use commercial center. The Consultant reviewed the requested unit types and the Collier County market for those unit types to determine the potential effect those units will have on the total single-family and multi-family market supplies. Although the potential market for 400 residential units was analyzed, the Consultant recognizes that 400 low density single family residential units will not fit on the property. In order to determine the impact of the proposed units would have on the Collier County market for those products. The Consultant utilized data provided by Metrostudy, Inc. from the 1st quarter of 2020, the most current data available at the time of this report. That data is shown in Appendix E for single-family and multi-family product. 2.1 Current Single-Family Market Conditions The current 1st Quarter market conditions for Collier County single-family is based on rolling quarterly averages and shows that there are currently 2,138 annual single-family starts and 1,968 annual closings. Market forces are considered to be in equilibrium in that the laws of supply and demand determine the amount of condominium unit inventory to address the demand for those units. Current market conditions dictate that the market requires 170 units over the demand for those units to keep the market in equilibrium. Table 11 below taken from Appendix E shows those figures. Table 11. Current Collier County Single-Family Market Conditions Source: MetroStudy Report, 1st Quarter 2020 Annual Starts 2,138 Annual Closings 1,968 Annual Added Inventory for Stabilization 170 Vacant Developed Lots 3,954 Vacant Developed Lots Supply (Months) 22.2 Market Conditions - 1st Quarter 2020 9.A.2.g Packet Pg. 185 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 18 Table 11 also shows the inventory is also comprised of 3,954 vacant developed single- family lots which is a 22.2-month supply. Based on the 2,138 annual single-family starts and if the market stays constant, the Collier County inventory of single-family homesites will increase to 5,314 by the year 2027 as shown in Table 12 below. Table 12. Future Collier County Single-Family Market Inventory Source: MetroStudy Report, 1st Quarter 2020 The approval of the Project’s 400 single-family homesites will increase the future inventory by 1.70% by 2026 as shown in Table 13 below. Table 13. Collier County Single-Family Market Inventory with Subject Site Units Added Source: MetroStudy Report, 1st Quarter 2020 and Consultant The current data indicates that the Project’s 400 single-family homesites will negligibly increase the Collier County available residential single-family homesite market by 1.7% in 2027. That increase is shown without an increase in annual demand from now to 2027. The projected future growth of Collier County will increase the current annual demand for single family homesites and diminish the available supply therefore more than demonstrates the need for the Subject Property’s proposed single family homesites. 2020 2021 2022 2023 2024 2025 2026 2027 Vacant Developed Lots 3,954 4,124 4,294 4,464 4,634 4,804 4,974 5,144 Annual Starts 2,138 2,138 2,138 2,138 2,138 2,138 2,138 2,138 Annual Closings 1,968 1,968 1,968 1,968 1,968 1,968 1,968 1,968 Remaining Vacant Developed Lots 4,124 4,294 4,464 4,634 4,804 4,974 5,144 5,314 Project Units 0 0 0 0 0 Percent Increase 4.12% 3.96% 3.81% 3.67% 3.54% 3.42% 3.30% 2020 2021 2022 2023 2024 2025 2026 2027 Vacant Developed Lots 3,954 4,124 4,294 4,514 4,734 5,004 5,274 5,544 Annual Starts 2,138 2,138 2,188 2,188 2,238 2,238 2,238 2,138 Annual Closings 1,968 1,968 1,968 1,968 1,968 1,968 1,968 1,968 Remaining Vacant Developed Lots 4,124 4,294 4,514 4,734 5,004 5,274 5,544 5,714 Project Units 50 50 100 100 100 Percent Increase 4.12% 5.12% 4.87% 5.70% 5.40% 5.12% 3.07% 9.A.2.g Packet Pg. 186 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 19 2.2 Current Condominium Market Conditions Like single-family market data, the current 1st Quarter market conditions for Collier County condominiums is based on rolling quarterly averages and shows that there are currently 558 annual condominium starts and 387 annual closings. Again, market forces are considered to be in equilibrium in that the laws of supply and demand determine the amount of condominium unit inventory to address the demand for those units. Current market conditions dictate that the market requires 171 units over the demand for those units to keep the market in equilibrium. Table 14 below taken from Appendix E shows those figures. Table 14. Current Collier County Multi-Family Market Conditions Source: MetroStudy Report, 1st Quarter 2020 Table 14 also shows the inventory is also comprised of 1,060 vacant developed condominium units (not necessarily built – could be in planning and permitting stages) and 2,061 future condominium units. Those units combined total 3,121 vacant and future units. Based on 558 annual condominium unit starts, the Collier County inventory of condominium units will be depleted by the year 2525 as shown in Table 15 below. Table 15. Future Collier County Multi-Family Market Inventory Source: MetroStudy Report, 1st Quarter 2020 When the Project’s 400 units are added to the future inventory, they push the inventory depletion year out one year to 2026. The approval of the Project’s 400 condominium units will increase the future inventory by 21.7% in that year and will prolong the provision of available units by one year as shown in Table 16 on the next page. Annual Starts 558 Annual Closings 387 Annual Added Inventory for Stabilization 171 Vacant Developed Units 1,060 Future Inventory 2,061 Vacant Developed Units Supply (Months) 22.8 Total Units Supply (Months) 44.3 Total Units Inventory 67.12 Market Conditions - 1st Quarter 2020 2020 2021 2022 2023 2024 2025 2026 Vacant Developed Units 1,060 673 558 558 558 558 558 Annual Starts 558 558 558 558 558 558 558 Remaining Vacant Developed Units 502 115 0 0 0 0 0 Future Inventory 2,061 2,005 1,447 889 331 -227 -785 9.A.2.g Packet Pg. 187 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 20 Table 16. Collier County Multi-Family Market Inventory with Subject Site Units Added Source: MetroStudy Report, 1st Quarter 2020 and Consultant The data indicates that the Project’s 400 units will not adversely affect the Collier County residential condominium market and address the future demand for condominium units in Collier County thus prolonging the market for an additional year. 3.0 Potential Apartment Development The Client is also considering developing the proposed 400 residential units as apartments. The Consultant performed the following analysis on the Collier County apartment market to determine how the proposed 400 residential units would affect the apartment market if they are developed as apartments. Market Area Definition In previous pre-application meetings with County Staff, the Consultant agreed with Staff that apartment needs analysis market areas should follow the urban services boundary area which is a mile east of Collier Boulevard (CR 951) and would include all of the urban area of the County. Due to the location of the Subject Property being further east of the urban services boundary, the Consultant utilized the ESRI Business Analyst GIS program expanded the boundaries of the Subject Site’s market area to include the Subject Property and all potential apartment complexes located therein. Figure 3.0 on the next page depicts the market area from the Subject Property . 2020 2021 2022 2023 2024 2025 2026 Vacant Developed Units 1,060 673 558 558 558 558 558 Annual Starts 558 558 558 558 558 558 558 Remaining Vacant Developed Units 502 115 0 0 0 0 0 Future Inventory 2,061 2,005 1,847 1,289 731 173 -385 Project Units 400 9.A.2.g Packet Pg. 188 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 21 Figure 3.0 Subject Property Market Area Source: ESRI ArcGIS Business Analyst Mapping System Market Area Demographic Detail Table 17 below shows the 2010 U.S. Census demographic profile of the population that lives within the 320.11 square-mile market area of the subject site. The remaining 2010 U.S. Census data can be found in Appendix F. It is important to note that the U.S. Census Bureau uses the Decennial Census as the basis for issuing their annual American Community Survey census data that is used in the demand section of this report. The 2020 ACS report was the most recent data source available at the time of this report. 9.A.2.g Packet Pg. 189 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 22 Table 17 Source: ESRI and U.S. Census Bureau 9.A.2.g Packet Pg. 190 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 23 Also important to the development of this apartment project is the location of businesses and subsequent employment centers located near the subject site. Figure 3.1 below shows businesses near the subject site with 50 or more employees that would benefit from having residential offerings available to their employees. Figure 3.1 Despite an economy that relies a great deal on real estate, construction and tourism, the industry mix for the Naples MSA is not severely out of line with U.S. averages. The shares of employment devoted to the Trade, Transportation & Utilities; Financial Activities; Information; and Education & Health Services industries are within about 100 basis points (“bps”) of the national norms. Figure 3.2 on the next page shows the industry mix within the Naples Metropolitan Statistical Area (“MSA”). 9.A.2.g Packet Pg. 191 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 24 Figure 3.2 Source: Florida Agency for Workforce Innovation, Labor Market Statistics The largest differences from the national norms are in Leisure & Hospitality (+939 bps); Manufacturing (-592 bps); Professional & Business Services (-284 bps); Other Services (+249 bps); and Government (-596 bps). Given the number of wealthy retirees who make Naples at least their winter home, it is not surprising to see larger shares of employment in industries that cater to this population. Although the share of Health Services was not significantly different from the U.S. share, it has increased by about 200 bps since 1996. The increase of industries outside of construction and leisure/hospitality will continue to diversify the market economy and will continue to increase the median income leading to an increase in the demand for apartment living as a residential choice. Although the nearby employment hubs will provide a source of future residents, the demographics trends and lifestyle choices will also determine the subject site’s demand potential. 9.A.2.g Packet Pg. 192 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 25 3.1 Market Analysis Market Area Supply Shown below in Table 18 is the existing and developing apartment complexes located in Collier County. Table 18. Collier County Quarterly Rental Apartment Inventory Source: Collier County Community and Human Services Division 9.A.2.g Packet Pg. 193 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 26 The previous table shows a mixture of subsidized and market rate apartment complexes. For purposes of this study, the subsidized apartment complexes were removed along with the apartment complexes in Immokalee. Market Rate Apartments Market rate apartments were the first developed in the county, with subsidized housing starting in the late 1980’s to accommodate the increasing employment for hotels and other hospitality related industries. There is a total of 12,152 market rate rental units in Collier County which accounts for 85.7% of the total. The increase in market rate apartment supply of 3- and 4-bedroom units did not begin until 2000 when the availability of affordable family accommodations was restricting due to rapidly rising home prices. Home prices are still on the rise, which continues to create a demand for the larger market rate apartment units. Most of the market rate rental apartment communities are located on major arterial roadways allowing for easy access to a wider market area. Market rate rental apartment complexes prefer to be located closer to employment centers, entertainment venues and other support facilities to attract tenants. Average occupancy rate for market rate apartments has been hovering around 95% for the past five years, which is indicative of a very tight under-supplied rental market. Table 19 on the next page shows the market rate apartment complexes that are used in this report. (Rest of Page left Intentionally Blank) 9.A.2.g Packet Pg. 194 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 27 Table 19. Collier County Market Rate Apartment Complexes Source: Collier County Community and Human Services Division Property Name Total # of Units in Development Occupancy Rate Total Available Units as of Jan 15, 202 0College Park 210 97.1% 6 Windsong Club 120 100.0% 0 Summer Lakes 1&2 416 100.0% 0 Bear Creek 108 100.0% 0 Saddlebrook Village 140 100.0% 0 Whistler's Green 168 100.0% 0 Jasmine Cay 72 no response Osprey's Landing 176 99.4% 1 Villas of Capri 235 92.8% 17 Whistler's Cove 240 100.0% 0 Noah's Landing 264 100.0% 0 Tuscan Isle 298 100.0% 0 Brittany Bay 392 99.0% 4 Naples Place I-III 170 99.4% 1 Briar Landings 240 99.2% 2 George Carver Apts 70 100.0% 0 The Point at Naples (Heron Park) 248 96.4% 9 Meadow Brook Preserve 268 95.9% 11 Mer Soleil 320 92.8% 23 Waverley Place 300 98% 7 Advenir Aventine 350 95.1% 17 Somerset Palms 169 92.3% 13 Oasis Naples 216 100.0% 0 AlVista at Golden Gate/Sabal Key 200 92.0% 16 Aster at Lely Resort 308 93.8% 19 Inspira Apartments 304 90.1% 30 Meadow Lakes 252 93.3% 17 River Reach 556 90.6% 52 Alvista at Laguna Bay 456 89.3% 49 Sierra Grande at Naples 300 92.0% 24 Belvedere At Quail Run 162 97.5% 4 Milano Lakes 296 62.5% 111 The Springs at Hammock Cove 50 72.0% 14 Bermuda Island 360 96.4% 13 Malibu Lakes 356 96.6% 12 Orchid Run 262 94.7% 14 Addison Place 294 94.9% 15 Arium Gulfshore 368 90.8% 34 Laurel Ridge 78 100.0% 0 Goodlette Arms 242 100.0% 0 Naples 701 188 91.5% 16 Wild Pines of Naples 1&2 200 100.0% 0 Berkshire Reserve (Daili of Naples) 146 97.3% 4 Springs at Sable Bay 340 Pine Ridge Commons 375 Courthouse Shadows 300 Allura 304 Hammock Park 265 265 The Haldeman (Pelican Apartments) 400 Sub-Total Naples 12,552 94.8% 551 9.A.2.g Packet Pg. 195 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 28 The total apartment unit supply in Collier County is currently 12,552 using both the existing apartments and apartments under construction. The aging of market rate apartments must also be considered. Over 50% of the market rate apartments in Collier County are more than 20 years old. A national report by Apartmentlist.com noted that the balance of new and old units affects the rents being charged. The report stated the percentage of rental units less than 10 years old is at an all-time low in the Naples area. The report also shows that rentals over 30 years old increased 33% from 2000 to 2016 while buildings aged out so that the share of rentals 10 years old or less declined by 26%. The result of the study is that the cost of renting a house or apartment isn’t likely to go down in older units until there are enough new ones coming into the market to replace them. Note Appendix G where the report was noted in the Naples Daily News editorial September 7, 2018. Chart 3.0 below shows the number of apartment units that were brought on line by year in Collier County since 1975. Chart 3.0 Apartments Built by Year in Collier County Source: Collier County Property Appraiser 9.A.2.g Packet Pg. 196 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 29 Market Area Demand The first step in determining market demand is to start with the current population of the apartment market area. The market area covers many Collier County planning areas and bisects a few of them. So, in order to determine an accurate population forecast for the apartment market area, the Consultant utilized the American Community Survey (“ACS”) which is the annual update to the 2010 Census performed the by the US Census Bureau. The ACS is an ongoing survey that provides vital information on a yearly basis about our nation and its people. Information from the survey generates data that help determine how more than $675 billion in federal and state funds are distributed each year. Table 20 on the next page is the 2020 ACS Collier County housing profile. This table is the updated ACS survey for the 320.11 square mile market area. It shows the current population for this market area is 297,813. The ACS survey also estimates the same data in the report for 2025, which matches the County’s 5-year planning horizon. ACS estimates that the market area population will be 324,003 in 2025. The census annual percent growth of 1.70% was used to calculate the annual population from 2020 to 2025. (Rest of Page left Intentionally Blank) 9.A.2.g Packet Pg. 197 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 30 Table 20. 2020 Collier County Housing Profile Source: U.S. Census Bureau Table 20 also shows that the percent of renter occupied housing units is 19.8% in 2020 and increases to 20.0% in 2025. That is an increase of 0.0004% annually and is used in the calculation of the market area demand. Table 21 on the next page establishes the household income and corresponding monthly rental payment. The median household income in Collier County in 2020 is $71,675. The table shows the income ranges that are used in the calculation of demand. 9.A.2.g Packet Pg. 198 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 31 Table 21. Monthly Rental Payment Calculations Median Household Income: $71,675 Household Income Monthly Household Income Monthly Rental Payment @ 30% $30,000 $2,500 $750 40,000 3,333 1,000 50,000 4,167 1,250 60,000 5,000 1,500 63,202 5,267 1,580 70,000 5,833 1,750 80,000 6,667 2,000 90,000 7,500 2,250 100,000 8,333 2,500 Source: The Consultant The percent of households by income is shown in Table 22 on the next page. The percentage of households in the up to $100,000 category ranges from the current 64.8% to 60.8% in 2025. That is a reduction of 0.008% annually and is used in the calculation of the market area demand. (Rest of Page left Intentionally Blank) 9.A.2.g Packet Pg. 199 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 32 Table 22. Apartment Study Market Area Demographic and Income Profile Source: U.S. Census Bureau 9.A.2.g Packet Pg. 200 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 33 Table 23 below shows the renter-occupied housing units by contract rent. The number of units in the $800 to $1,999 range is 21,582. That is 74.71% of the 28,886 total cash rent units and is used in the calculation of the apartment market area demand. That data range is highly reliable data according to ACS. Table 23. Apartment Study Market Area Housing Summary Source: U.S. Census Bureau 9.A.2.g Packet Pg. 201 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 34 Table 24 below shows the apartment study market area demand calculation using the date points previously explained in Tables 19 through 22. The population is increased annually. The percent of rental households were reduced annually and multiplied with the corresponding annual households to obtain the annual rental households. The rental households were then multiplied by the percentage of households with incomes up to $100,000 range. That calculation establishes the annual demand for market rate rental housing units in the market area. That annual number is then multiplied by the percent of rental units with rents in the $800 to $1,999 range to establish the demand for market rate apartment units. That demand is slowly increasing over the next five years. Table 24 Apartment Study Market Area Demand Calculation Year Population Total Households Percent Rental Rental Households % With Income up to $100k Annual Demand % of Units with rent $800-$1,900 Unit Demand 2020 297,813 129,054 19.8% 25,553 64.8% 16,558 74.71% 12,371 2021 303,051 131,410 19.8% 26,072 64.0% 16,686 74.71% 12,467 2022 308,289 133,766 19.9% 26,593 63.2% 16,807 74.71% 12,557 2023 313,527 136,121 19.9% 27,115 62.4% 16,920 74.71% 12,642 2024 318,765 138,477 20.0% 27,640 61.6% 17,026 74.71% 12,721 2025 324,003 140,833 20.0% 28,167 60.8% 17,125 74.71% 12,795 Sources: U.S. Census Bureau and the Consultant Table 25 on the next page shows the same market area demand calculation from Table 24 above and adds the existing market rate apartments and the future apartment complexes in the development process shown in Table 19. The Table establishes that there is a current surplus of 181 market rate apartments in the market area and falling to a deficit of 243 market rate apartments in 2025. 9.A.2.g Packet Pg. 202 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 35 Table 25. Apartment Study Market Area Supply – Demand Analysis Year Population Total Households Percent Rental Rental Households % With Income up to $100k Annual Demand % of Units with rent $800- $1,900 Unit Demand Market Supply Surplus/Deficit Units 2020 297,813 129,054 19.8% 25,553 64.8% 16,558 74.71% 12,371 12,552 181 2021 303,051 131,410 19.8% 26,072 64.0% 16,686 74.71% 12,467 12,552 85 2022 308,289 133,766 19.9% 26,593 63.2% 16,807 74.71% 12,557 12,552 -5 2023 313,527 136,121 19.9% 27,115 62.4% 16,920 74.71% 12,642 12,552 -90 2024 318,765 138,477 20.0% 27,640 61.6% 17,026 74.71% 12,721 12,552 -169 2025 324,003 140,833 20.0% 28,167 60.8% 17,125 74.71% 12,795 12,552 -243 Source: Collier County Comprehensive Planning Section, Collier County Property Appraiser, ESRI ARCgis mapping system and the Consultant Adding the proposed 400 proposed apartment units to the market supply (the units would most likely be added in 2023) will still show a slight surplus of market rate rental units in the horizon year of 2025 as shown in Table 26 below. Table 26. Apartment Study Market Area Supply – Demand Analysis with Subject Property Units Included Year Population Total Households Percent Rental Rental Households % With Income $30k- $99k Annual Demand % of Units with rent $800- $1,900 Unit Demand Market Supply Market Supply with Subject Property Surplus/Deficit Units 2020 297,813 129,054 19.8% 25,553 64.8% 16,558 74.71% 12,371 12,152 12,552 181 2021 303,051 131,410 19.8% 26,072 64.0% 16,686 74.71% 12,467 12,152 12,552 85 2022 308,289 133,766 19.9% 26,593 63.2% 16,807 74.71% 12,557 12,152 12,552 -5 2023 313,527 136,121 19.9% 27,115 62.4% 16,920 74.71% 12,642 12,152 12,952 310 2024 318,765 138,477 20.0% 27,640 61.6% 17,026 74.71% 12,721 12,152 12,952 231 2025 324,003 140,833 20.0% 28,167 60.8% 17,125 74.71% 12,795 12,152 12,952 157 Source: Collier County Comprehensive Planning Section, Collier County Property Appraiser, ESRI ARCgis mapping system and the Consultant 3.2 CONCLUSION The Consultant used all of the data and analysis in the previous sections to determine that the total supply of market rate apartments will turn negative in 2022. With the addition of the Subject Site’s 400 apartment units in 2023, there will be a minimal surplus through 2025. However, economic and financial principles would warrant the construction of the units to accommodate the demand to bring the market back to equilibrium and it would not be financial feasible to construct the apartment buildings one at a time and not take advantage of employment and materials staging. The analysis also shows that the addition of the Subject Property’s proposed 400 apartment units will address the need for apartment units in 2022 and beyond as highlighted in Table 25 above. 9.A.2.g Packet Pg. 203 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 36 APPENDICIES 9.A.2.g Packet Pg. 204 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 37 Appendix A 15-Minute Drive Time Developed Competing Commercial Parcels FID ACRES_GIS O_NAME1 LUSEDOR_D BLDG SQFT 4293 1.05 CAMERON PARTNERS LLC Store (One Story) 6,215 13603 3.56 BLEND-ALL HOTEL DEV INC ET AL Store (One Story) 14,308 13663 23.75 WAL-MART STORES EAST LP Store (One Story) 204,181 85110 1.50 CITY MATTRESS OF FL INC Store (One Story) 11,465 87621 1.89 CVS 75479 FL L L C Store (One Story) 13,157 119041 3.83 WALGREEN CO Store (One Story) 14,232 119403 2.65 7-ELEVEN INCS LLC Store (One Story) 7,793 121753 1.33 URIKA OIL INC Store (One Story) 3,448 122756 1.23 NATIONAL RETAIL PROPERTIES LP Store (One Story) 3,620 118713 2.73 LAND 850.034 TRUST Mixed Use - Store/Office (with SFR) 1,450 118717 1.64 LAND TRUST 850.038 Mixed Use - Store/Office (with SFR) 1,454 118719 2.81 850.032 LAND TRUST Mixed Use - Store/Office (with SFR) 1,248 118720 2.34 850.026 LAND TRUST Mixed Use - Store/Office (with SFR) 1,290 118723 2.34 850.031 LAND TRUST Mixed Use - Store/Office (with SFR) 1,581 118724 1.17 850.027 LAND TRUST Mixed Use - Store/Office (with SFR) 1,363 118727 1.14 LAND TRUST 850.045 Mixed Use - Store/Office (with SFR) 1,167 118795 2.81 850.33 LAND TRUST Mixed Use - Store/Office (with SFR) 2,678 85098 8.20 BRENTWOOD LAND PARTNERS LLC Community Shopping Center 84,344 85100 14.61 TARGET CORPORATION T-2063 Community Shopping Center 175,337 87623 4.86 CAMERON PARTNERS LLC Community Shopping Center 31,382 119113 5.29 CARLISLE WILSON PLAZA LLC Community Shopping Center 35,856 121719 2.50 PAC OF COLLIER INC Community Shopping Center 20,356 1664 0.46 TEJERINA, GABRIEL A=& BETTY One Story Office 3,460 13185 0.28 GRACE-KELLY LLC Restaurant 1,168 85108 1.80 CH NFL LLC Restaurant 6,225 421 0.82 GCD MISSION HILLS LLC Drive Thru Restaurant 2,171 85109 1.06 BRENTWOOD LAND PARTNERS LLC Drive Thru Restaurant 2,810 4713 1.27 BARNETT BANK N A Financial Institution 3,840 85106 1.16 AMSOUTH BANK Financial Institution 3,069 218584 6.60 PUBLIX SUPER MARKETS INC Vacant Commercial 50700 220522 1.91 7 ELEVEN INC Store (One Story) 3111 142048 1.65 CYPRESS CYCLE SERVICES INC Auto Sales/Service 2,400 14270 4.30 JONJAMES LLC Florist, Greenhouse 8,525 114.54 725,404 Average Building Sq. Ft. Per Acre: 6,333 Source: Collier County Comprehensive Planning Section Commercial Inventory, Collier County Property Appraiser and ArcGIS 9.A.2.g Packet Pg. 205 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 38 Appendix B 15-Minute Drive Time Undeveloped Competing Parcels FID ACRES_GIS O_NAME1 LUSEDOR_D 484 1.59 VANDERBILT COMMONS I TRUST Vacant Commercial 1695 1.00 PIEDMONT/METROLINA FUND#12 LLC Vacant Commercial 6602 4.11 ROBERT E WILLIAMS TRUST Vacant Commercial 13878 16.17 VOILA II LLC Vacant Commercial 13887 8.92 VOILA II LLC Vacant Commercial 87622 1.01 FIFTH THIRD BANK Vacant Commercial 118716 1.17 850.025 LAND TRUST Vacant Commercial 118718 2.34 850.023 LAND TRUST Vacant Commercial 118721 1.64 850.035 LAND TRUST Vacant Commercial 118725 2.81 GOLDEN GATE BLVD W TRUST Vacant Commercial 118726 2.34 850.024 LAND TRUST Vacant Commercial 118729 2.73 850.028 LAND TRUST Vacant Commercial 118796 5.15 850.018 LAND TRUST Vacant Commercial 118797 5.47 850.018 LAND TRUST Vacant Commercial 119039 2.58 CORDER, MICHAEL A=& LAUREN K Vacant Commercial 119040 2.58 CORDER, MICHAEL A=& LAUREN K Vacant Commercial 119044 2.34 CORDER, MICHAEL=& LAUREN K Vacant Commercial 119112 2.08 CENTRAL FL REAL EST OWNED LLC Vacant Commercial 136373 4.05 TRKR FAMILY TRUST Vacant Commercial 136418 5.46 TAYLOR, NORMAN L=& JOANNE Vacant Commercial 142105 2.58 SOUTHBROOKE MEDICAL OFFICE LLC Vacant Commercial 142149 2.56 SOUTHBROOKE MEDICAL OFFICE LLC Vacant Commercial 161614 5.32 PULTE HOME CORP Vacant Commercial 165698 1.42 CAMERON PARTNERS II LLC Vacant Commercial 165699 1.35 CAMERON PARTNERS II LLC Vacant Commercial 165701 1.74 RACETRAC PETROLEUM INC Vacant Commercial 165704 1.01 PIEDMONT/METROLINA FUND#12 LLC Vacant Commercial 218582 1.28 CYPRESS COMMERCIAL DEV LLC Vacant Commercial 218583 2.09 CVS 75462 FL LLC Vacant Commercial 220531 12.22 BOLLT TR, ROBERTO Vacant Residential 165706 1.00 CAMERON PARTNERS II LLC Vacant Commercial 165707 0.95 V&T LAND LLC Vacant Commercial 165841 1.64 PROFESSIONAL RESOURCE Vacant Commercial 110.69 Source: Collier County Comprehensive Planning Section Commercial Inventory, Collier County Property Appraiser and ArcGIS 9.A.2.g Packet Pg. 206 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 39 Appendix C 15-Minute Drive Time Non-Competing Developed Commercial Eliminated Developed Non-Competitive Uses FID ACRES_GIS O_NAME1 LUSEDOR_D BLDG SQFT 14208 2.39 CLEARY HOLDINGS LLC Tourist Attraction 16,000 82016 0.64 ASSOCIA @ GULF COAST, AAMC Tourist Attraction 2,471 86253 1.13 BRISTOL PINES COMMUNITY Tourist Attraction 4,079 86260 0.33 BRISTOL PINES COMMUNITY Tourist Attraction 334 96886 0.14 COVE HOMEOWNERS ASSOCIATION Tourist Attraction 648 98020 2.67 CRYSTAL LAKE PROPERTY OWNERS Tourist Attraction 3,440 98024 3.30 CRYSTAL LAKE PROPERTY OWNERS Tourist Attraction 9,292 98325 1.28 CRYSTAL LAKE JOINT VENTURE Tourist Attraction 1,590 102724 1.43 TAYLOR MORRISON ESPLANADE Tourist Attraction 234 165523 0.37 HERITAGE BAY GOLF & COUNTRY Tourist Attraction 255 165633 13.74 HERITAGE BAY GOLF & COUNTRY Tourist Attraction 256 165842 0.62 HERITAGE BAY GOLF & COUNTRY Tourist Attraction 177 166187 0.82 HERITAGE BAY GOLF & COUNTRY Tourist Attraction 307 166562 0.43 CLUBHOMES AT HERITAGE GREENS Tourist Attraction 162 166563 0.97 HERITAGE GREENS COMMUNITY Tourist Attraction 2,358 166570 0.58 CRESTVIEW VILLAS AT HERITAGE Tourist Attraction 269 168512 1.52 HUNTINGTON LAKES ONE Tourist Attraction 9,366 169188 1.96 HUNGTON LAKES FOUR Tourist Attraction 288 169191 1.68 IBIS COVE MASTER PROPERTY Tourist Attraction 4,882 4776 20.81 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 126 11975 100.06 CYPRESS WOODS GOLF & COUNTRY Golf courses, driving ranges 18,977 12524 75.09 CYPRESS WOODS GOLF & COUNTRY Golf courses, driving ranges 7,000 12525 38.70 QUAIL CREEK VILLAGE FOUND INC Golf courses, driving ranges 9,425 12658 11.51 QUAIL CREEK VLG FOUNDATION INC Golf courses, driving ranges 6,250 14324 1009.50 BONITA BAY CLUB INC Golf courses, driving ranges 29,835 14522 246.69 OLDE FLORIDA GOLF CLUB INC Golf courses, driving ranges 33,130 101874 109.26 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 126 102568 5.44 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 8,540 161519 86.82 GC OF THE EVERGLADES LLC Golf courses, driving ranges 25,874 165200 2.56 HERITAGE BAY GOLF & COUNTRY Golf courses, driving ranges 12,450 165203 10.82 HERITAGE BAY GOLF & COUNTRY Golf courses, driving ranges 23,982 166571 140.39 HERITAGE GREENS GOLF Golf courses, driving ranges 16,183 14314 27.96 COLLIER COUNTY BOARD OF COUNTY Heavy Industrial 1,670 74915 20.89 RES COLLIER HOLDINGS LLC Heavy Industrial 299,340 22632 390.57 APAC-GEORGIA INC Mineral Processing 11,140 13321 20.27 CRYSTAL LAKE PROPERTY OWNERS Open storage, building supplies, junk yd 71,120 142046 5.17 JOHN H WINKLER TR Open storage, building supplies, junk yd 4,704 9.A.2.g Packet Pg. 207 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 40 FID ACRES_GIS O_NAME1 LUSEDOR_D BLDG SQFT 6169 14.22 FLORIDA CONFERENCE ASSOCIATION Churches 3,600 14269 50.51 DEWANE, BISHOP FRANK J Churches 54,074 14419 8.80 ST PAUL ANTIOCHIAN Churches 5,866 14429 36.36 LIVING WORD FAMILY CHURCH INC Churches 50,226 14492 4.37 SOUTHEASTERN CONFERENCE ASSOC Churches 3,433 116150 4.74 IGLESIA CRISTIANA LA ROCA INC Churches 10,759 116154 2.58 HAITIAN BETHESDA BAPTIST Churches 3,080 116934 4.77 GOLDEN GATE CONGREGATION OF Churches 8,496 116963 4.55 CYPRESS WOOD PRSBY CHURCH INC Churches 6,360 128775 1.93 CORKSCREW BAPTIST CHURCH INC Churches 3,536 142024 5.49 NORTH NAPLES BAPTIST CH INC Churches 22,416 142037 5.37 DESTINY CHURCH NAPLES INC Churches 8,355 142190 4.95 EAGLE'S NEST WORSHIP CENTER Churches 20,054 142229 2.26 NAPLES BAPTIST TEMPLE INC Churches 4,062 142272 6.02 ST MONICA'S EPISCOPAL Churches 15,252 169192 8.98 CORNERSTONE UNITED METHODIST Churches 16,000 13879 9.68 HERNANDEZ FAMILY LLC Private schools and colleges 7,216 87620 3.36 NAPLES COMMUNITY HOSPITAL INC Private Hospitals 41,465 Source: Collier County Comprehensive Planning Section Commercial Inventory, Collier County Property Appraiser and ArcGIS (Rest of page left intentionally blank) 9.A.2.g Packet Pg. 208 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 41 Appendix D 15-Minute Drive Time Non-Competing Undeveloped Commercial Parcels Eliminated Vacant Non-Competitive Uses FID ACRES_GIS O_NAME1 LUSEDOR_D 86408 1.08 WATERWAYS JV HOLDINGS LP Tourist Attraction 165162 0.46 HERITAGE BAY GOLF & COUNTRY Tourist Attraction 1509 51.52 STRAND AT NAPLES LLC Golf courses, driving ranges 2006 1.82 TWINEAGLES CLUB LLC, THE Golf courses, driving ranges 2208 13.41 QUARRY GOLF CLUB INC Golf courses, driving ranges 4035 6.97 PULTE HOME CORP Golf courses, driving ranges 4883 83.78 VANDERBILT CMMTY ASSOC INC Golf courses, driving ranges 11778 56.18 QUARRY GOLF CLUB INC Golf courses, driving ranges 11779 6.89 QUARRY GOLF CLUB INC Golf courses, driving ranges 11783 3.10 GRAND CYPRESS REC ASSOC INC Golf courses, driving ranges 11974 7.80 CYPRESS TRACE RECREATION Golf courses, driving ranges 12527 15.67 REFERENCE ONLY Golf courses, driving ranges 12854 9.45 OLDE CYPRESS DEVELOPMENT LTD Golf courses, driving ranges 13213 7.48 QUARRY GOLF CLUB INC Golf courses, driving ranges 14325 7.09 RESOURCE CONSERVATION SYS LLC Golf courses, driving ranges 101815 0.26 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 101880 1.66 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 101882 0.10 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 102002 2.17 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 102704 0.53 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 102913 13.98 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 102977 0.17 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 102978 0.06 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 102979 0.07 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 102982 2.83 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 102985 9.50 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 102989 7.99 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 102990 29.38 TAYLOR MORRISON ESPLANADE Golf courses, driving ranges 161430 8.94 GC OF THE EVERGLADES LLC Golf courses, driving ranges 161431 0.76 PULTE HOME CORP Golf courses, driving ranges 161432 1.76 PULTE HOME CORP Golf courses, driving ranges 161433 9.72 GC OF THE EVERGLADES LLC Golf courses, driving ranges 161436 3.66 PULTE HOME CORP Golf courses, driving ranges 161438 2.68 PULTE HOME CORP Golf courses, driving ranges 161443 20.97 PULTE HOME CORP Golf courses, driving ranges 161522 62.96 GC OF THE EVERGLADES LLC Golf courses, driving ranges 161528 0.40 GC OF THE EVERGLADES LLC Golf courses, driving ranges 9.A.2.g Packet Pg. 209 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 42 FID ACRES_GIS O_NAME1 LUSEDOR_D 161532 11.03 GC OF THE EVERGLADES LLC Golf courses, driving ranges 161537 5.36 PULTE HOME CORP Golf courses, driving ranges 161539 8.15 PULTE HOME CORP Golf courses, driving ranges 161541 3.13 PULTE HOME CORP Golf courses, driving ranges 161542 0.44 PULTE HOME CORP Golf courses, driving ranges 161544 6.21 PULTE HOME CORP Golf courses, driving ranges 161545 2.48 PULTE HOME CORP Golf courses, driving ranges 161546 1.71 PULTE HOME CORP Golf courses, driving ranges 161548 3.61 PULTE HOME CORP Golf courses, driving ranges 161549 0.35 PULTE HOME CORP Golf courses, driving ranges 161551 6.27 PULTE HOME CORP Golf courses, driving ranges 161554 9.39 PULTE HOME CORP Golf courses, driving ranges 161555 7.22 PULTE HOME CORP Golf courses, driving ranges 161556 0.85 PULTE HOME CORP Golf courses, driving ranges 161557 1.18 PULTE HOME CORP Golf courses, driving ranges 161559 5.58 PULTE HOME CORP Golf courses, driving ranges 161560 6.05 PULTE HOME CORP Golf courses, driving ranges 165273 32.91 HERITAGE BAY GOLF & COUNTRY Golf courses, driving ranges 165275 9.55 HERITAGE BAY GOLF & COUNTRY Golf courses, driving ranges 165276 20.73 HERITAGE BAY GOLF & COUNTRY Golf courses, driving ranges 165277 28.55 HERITAGE BAY GOLF & COUNTRY Golf courses, driving ranges 165278 2.18 HERITAGE BAY GOLF & COUNTRY Golf courses, driving ranges 165279 11.80 HERITAGE BAY GOLF & COUNTRY Golf courses, driving ranges 165281 28.28 HERITAGE BAY GOLF & COUNTRY Golf courses, driving ranges 165283 11.69 HERITAGE BAY GOLF & COUNTRY Golf courses, driving ranges 165284 0.29 HERITAGE BAY GOLF & COUNTRY Golf courses, driving ranges 166499 0.35 HERITAGE BAY GOLF & COUNTRY Golf courses, driving ranges 121752 3.83 URIKA OIL INC Open storage, building supplies, junk yd 20465 1.28 KEMPTON TR, GEORGE R Vacant Institutional 120349 3.41 CONSERVANCY OF SW FL INC Vacant Institutional 121182 7.20 RED APPLE AT COLLIER LLC Vacant Institutional 121183 6.09 RED APPLE AT COLLIER LLC Vacant Institutional 121185 2.96 RED APPLE AT COLLIER LLC Vacant Institutional 126263 1.14 CONSERVANCY OF SW FL INC Vacant Institutional 127061 1.59 CONSERVANCY OF SW FL INC Vacant Institutional 127384 2.73 HABITAT FOR HUMANITY Vacant Institutional 128214 1.17 CONSERVANCY OF SW FL INC Vacant Institutional 128645 3.41 CORKSCREW BAPTIST CHURCH INC Vacant Institutional 130771 2.95 COLLINS, CARY B=& JOYCE A Vacant Institutional 130772 2.46 COLLINS, CARY B=& JOYCE A Vacant Institutional 130774 2.46 SILVA, LEICY Vacant Institutional 131881 1.14 CONSERVANCY OF SW FL INC Vacant Institutional 9.A.2.g Packet Pg. 210 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 43 FID ACRES_GIS O_NAME1 LUSEDOR_D 132576 1.64 EMMANUEL EVANGELICAL LUTHERAN Vacant Institutional 132614 2.50 EMMANUEL EVANGELICAL LUTHERAN Vacant Institutional 132615 2.50 EMMANUEL EVANGELICAL LUTHERAN Vacant Institutional 132616 1.61 EMMANUEL EVANGELICAL LUTHERAN Vacant Institutional 132618 2.50 EMMANUEL EVANGELICAL LUTHERAN Vacant Institutional 132619 2.50 EMMANUEL EVANGELICAL LUTHERAN Vacant Institutional 132620 1.68 EMMANUEL EVANGELICAL LUTHERAN Vacant Institutional 132657 5.00 EMMANUEL EVANGELICAL LUTHERAN Vacant Institutional 132658 1.67 EMMANUEL EVANGELICAL LUTHERAN Vacant Institutional 133522 3.01 MY JESUS MERCY MINISTRIES INC Vacant Institutional 133523 3.61 MY JESUS MERCY MINISTRIES INC Vacant Institutional 137902 1.59 CONSERVANCY OF SW FL INC Vacant Institutional 142042 2.73 FAITH BIBLE CHURCH/NAPLES INC Vacant Institutional Source: Collier County Comprehensive Planning Section Commercial Inventory, Collier County Property Appraiser and ArcGIS (Rest of page left intentionally blank) 9.A.2.g Packet Pg. 211 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 44 APPENDIX E MetroStudy New Single-Family and Multi-Family Product in Collier County 1st - Quarter 2020 9.A.2.g Packet Pg. 212 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 45 APPENDIX F Remaining 2010 U.S. Census Data for Subject Property Apartment Market Area 9.A.2.g Packet Pg. 213 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 46 APPENDIX G Naples Daily News Editorial September 18, 2018 9.A.2.g Packet Pg. 214 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Immokalee Road/4th Street N.E. Mixed Use Subdistrict (PL20190002355) Exhibit V.E Public Facilities May 8, 2020 Page 1 of 4 RCIRP-19 Exhibit VE.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: The proposed Immokalee Road/4th Street N.E. Mixed Use Subdistrict is an undeveloped 50± acre parcel. The Subdistrict proposes up to 150,000 square feet of general retail, office and institutional space and 400 dwelling units on approximately 50± acres. The property is zoned Estates and currently permits single-family homes at 1 du/2.25 acres. The property would support up to 7 single family homes under the current plan designation. The public facilities analysis evaluates the project impacts on potable Water, wastewater, drainage, parks, schools, roadways, fire/EMS, and solid waste. The source for the LOS information is the 2019 AUIR. Potable Water The property is located within the Collier County potable water service area. The County has existing plant capacity of approximately 52 mgd. The proposed addition of 150,000 square feet of general commercial uses and up to 400 dwelling units will not create any LOS issues in the 5- year planning horizon. This Project will have no significant impact on the potable water system and capacity is available in Collier County. A comparison of the existing and proposed uses are shown below. Water Demand: Existing: 7 single family residential dwelling units: NA, single family homes would utilize private well Proposed: Retail/office 150,000 x 0.15 gpd/sf = 22,500 gpd Retail/office 150,000 x 0.15 gpd/sf x 1.5 max. month = 33,750 gpd 400 Multi-family dwelling units x 150 gpd x 2.4 pph = 144,000 gpd 400 Multi-family dwelling units x 150 gpd x 2.4 pph x 1.5 max. month = 216,000 gpd Collier County LOS: 150 gpcd/(0.15) gpd/sf* Permitted Capacity: 52.75 mgd Required Plant Capacity FY29: 51.43 mgd *Based on EP Estimates Data Source: Collier County 2019 AUIR 9.A.2.g Packet Pg. 215 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Page 2 of 4 Sanitary Sewer The subject project is located within the service boundary of Collier County utilities with standards for Sanitary Sewer established in the Capital Improvement Element of the Collier County Growth Management Plan. The subdistrict is located in the north sewer service area of the Collier County Water/Sewer District. This Project will have no significant impact on the Collier County Regional Sewer System. A comparison of the existing and proposed uses are shown below. Sewer Demand: Existing: 7 single family residential dwelling units: NA, single family homes would utilize septic tank for sewage disposal. Proposed: Retail/office 150,000 x 0.15 gpd/sf = 22,500 gpd Retail/office 150,000 x 0.15 gpd/sf x 1.5 max. month = 33,750 gpd 400 Multi-family dwelling units x 100 gpd x 2.4 pph = 96,000 gpd 400 Multi-family dwelling units x 100 gpd x 2.4 pph x 1.5 max. month = 144,000 gpd Collier County LOS: 100 gpcd/(0.15) gpd/sf* Permitted Capacity: 26.35 mgd Required Plant Capacity FY29: 25.75 mgd *Based on EP Estimates Data Source: Collier County 2019 AUIR Arterial and Collector Roads Please refer to the Traffic Impact Statement for discussions of the project’s impact on level of service for arterial and collector roadways within the project’s radius of development influence. Drainage The County has adopted a LOS standard for private developments which requires development to occur consistent with water quantity and quality standards established in Ordinances 74-50, 90-10, 2001-27, and LDC Ordinance 2004-41, as may be amended. An environmental Resource Permit (ERP) issued by the South Florida Water Management District which has established criteria for the volume of water stored on site as well as the quality of the water which may be discharged from the site. The development within the subdistrict will be consistent with the County LOS standards. 9.A.2.g Packet Pg. 216 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Page 3 of 4 Solid Waste The adopted LOS for solid waste is two years of lined cell capacity at the previous 3 year average tons per year disposal rate and 10 years of permittable landfill capacity of the disposal rate. There are no current capacity issues and none are anticipated through the year 2067. Existing: .55/pp disposal rate 2.4 pp/household 7 single family residences permitted 7 x 2.4 pp/household x .55 pp = 9.24 tons solid waste/year Proposed: Retail/office 150,000 x 5 lbs/1,000 sq ft = 750 lbs/day x 365 = 273,750 lbs/year or 273.75 tons/year 400 multi-family dwelling units x 4 lbs/day = 1,600 lbs/day x 365 = 584,000 lbs/year or 292 tons/year Current landfill capacity in 2019 is anticipated to be 13,547,175 tons. Ten-year surplus capacity: 10,872,170 Source: Collier County 2019 AUIR Cal Recycle Parks: Community and Regional Parks impact fees are not assessed for commercial development. The proposed 400 multi-family dwellings will pay park impact fees to mitigate for their impacts on this public facility. Parks level of service Community Parks 1.2 ac/1,000 population Regional Parks 2.7 ac/1,000 population Community Park Available Inventory 594.74 acres Required inventory 538.73 acres Source: Collier County 2019 AUIR No deficits exist or are anticipated in community or regional parks over the 5-year planning horizon. The constructed dwelling units will pay community and regional park Impact Fees which will provide the County with revenues to fund future park improvements in Collier County. No adverse impacts to Community or Regional Parks result from the amendment of the subdistrict. 9.A.2.g Packet Pg. 217 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Page 4 of 4 Schools School impact fees are not assessed for commercial development. The proposed 400 multi- family dwellings will pay school impact fees to mitigate for their impacts. No adverse impacts to schools result from the creation of the subdistrict. Fire Control and EMS The proposed project lies within the North Collier Fire Rescue District. The North Collier Fire Rescue District - Station #10 is located at 13240 Immokalee Rd, which is approximately one-half mile from the southern property boundary. Emergency Medical Service - Station #10 is located at 17596 Immokalee Road, which is approximately one-half mile from the northern property boundary. No significant impacts to Fire Control level of service are anticipated due to the proposed project. Estimated impact fees for EMS and fire would be determined at time of SDP based on each unit. Sheriff, Fire Protection and EMS Services location/address of facilities intended to serve the project are; North Collier Fire and Rescue District - Station #10 13240 Immokalee Rd Emergency Medical Service - Station #10 17596 Immokalee Rd Collier County Sheriff's Office - District 4 (Estates Substation) 14750 Immokalee Rd 9.A.2.g Packet Pg. 218 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) North Collier Fire Rescue District - Station #10 Sheriff's Office - District 4 Medic 10 Corkscrew Elementary and Middle Schools Palmetto Ridge High School Golden Gate Station 71 Medic 71 Estates Library 0 4000'2000' SCALE: 1" = 4000' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 SUBJECT PROPERTY 9.A.2.g Packet Pg. 219 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use           9.A.2.g Packet Pg. 220 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 221 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 222 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 223 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 224 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 225 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 226 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 227 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 228 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 229 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 230 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 231 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 232 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 233 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)          9.A.2.gPacket Pg. 234Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use           9.A.2.g Packet Pg. 235 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)          9.A.2.gPacket Pg. 236Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use          9.A.2.gPacket Pg. 237Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use           9.A.2.g Packet Pg. 238 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 239 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 240 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 241 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 242 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 243 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 244 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 245 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)           9.A.2.g Packet Pg. 246 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict)          9.A.2.gPacket Pg. 247Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use          9.A.2.gPacket Pg. 248Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use          9.A.2.gPacket Pg. 249Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use May 7, 2020 Page 1 of 3 RCIRP-19 Exhibit VF.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Immokalee Road/4th Street N.E. Mixed Use Subdistrict (PL20190002355) Exhibit V.F Flood Zone and Wellfield Maps 9.A.2.g Packet Pg. 250 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) May 7, 2020 Page 2 of 3 RCIRP-19 Exhibit VF.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Flood Zone Map Subject Property – Flood Zones AH-14.50, 15 and 15.50, X and X500 9.A.2.g Packet Pg. 251 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) May 7, 2020 Page 3 of 3 RCIRP-19 Exhibit VF.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Wellfield Map Subject Property 9.A.2.g Packet Pg. 252 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) May 7, 2020 Exhibit Cover Pages.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Immokalee Road/4th Street N.E. Mixed Use Subdistrict (PL20190002355) Exhibit V.G3 Warranty Deed(s) 9.A.2.g Packet Pg. 253 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 254 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 255 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 256 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 257 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 258 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.gPacket Pg. 259Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.gPacket Pg. 260Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.gPacket Pg. 261Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.gPacket Pg. 262Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) PROJECT: Randa∥Curve Property FOL10 NO: 37690040003 REAL ESTATE SALES AGREEMENT I胤 評 滞 晰 緊 ♂辞 8詭 詣 電 glL出 8鯰 き 辞 留 忌 嚢 鶏 辞 ,■潔 l訳 here:nafter referred to as・ Se∥er"whose ma∥ing address is 3335 Tamianli Tra∥East,Naples,FL34112, and, RiCHARD D. YOVANOViCH, SuCCESSOR TRuSTEE (AND NOT :NDiVlDUALLY),hereinafter referred to as'Purchaser・ whose malllng address is c/o Crown Management Services,LLC,207 Cherry H∥:Drlve,Presto,PA 15142 WHEREAS,Se∥er desires to se∥the 47+/‐acre parcel deined below as the County Property for a cash payment and exchange of a 10 +/‐ acre pa“ン3 defned below as the Estates Shopping Property owned by Purchaser on the terms and condに ions hereinafter set forth VVHEREAS, Se∥er sha∥ retain a “useable" one―acre tract of land on the County Property to fac∥itate a County service bu∥ding to serve the commun:ty NOW,THEREFORE,in consideration of the recna:s,the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufFciency of which are hereby mutua∥y acknowiedged,itis agreed by and bet″een the parties as fo∥ows: I RANDALL CuRVE PRΩ PERIY The rea!property owned by Se∥er and to be sold to Purchaser,which is sublect to this Agreement,(hereinafter referred to as"County Prope■プ)islocated in co∥ier County, F:orida, is commonly known as the Randa∥ Curve Property and described on ExhibittA"attached hereto and made a part hereof 2 ESTATES SHOPPiNG PROPERTY The real property owned by Purchaser and to be conveyed to Seller,which is sublect to this Agreement,(here:naier refered to as・ Estates Shopping Property")is loCated in Col∥er County, Florida and described on Exhibit“B"attached hereto and made a part hereof 3 SALE.CONVEYANCE and EXCHANGE Se∥er agrees to se∥and convey Se∥ers nght,ttle and interestin and to the County Property less a one‐acre useable tract(40ne‐Acre Tractり to Purchaser,and Purchaser agrees to purchase the County Property from Se∥er atthe prlce and upon the terrns and conditions hereinafter set forth ln addition to the Purchase P∥ce(deined below), in eXChange for the County Property, Purchaser sha∥convey at no cost to Se∥er the Estates Shopping Property,at the ter7nS and conditions hereinafter set fOrth Both the County Property and the Estates Shopping are being sold in their “as is" condiJon THE “AS‐IS"NATURE OF THIS AGREEMENT APPLIES TO ALL ASPECTS OF BOTH THE COUNTY PROPERTY AND ESTATES SHOPPING PROPERTY THE PARTIES ACKNOWLEDGE ANDAGREE THAT THE ・ASJS" NATURE OF THIS AGREEMENT WAS THE BASIS FORDETERMIN!NG THE PURCHASE PR!CE THE PURCHASE PRiCE FOR THE COUNTY PROPERTY IS BASED UPON LAND VALUE ONLY AND NO VALUE HAS BEEN AT「RIBUTED TO ANY STRUCTURE OR OTHER IMPROVEMENTS CONSTRUCTED ONTHE COUNTY PROPERTY OR THE ESTATES SHOPP!NG PROPERTY NEITHER 9.A.2.g Packet Pg. 263 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) PURCHASER NOR SELL SHALL HAVE ANY MAINTENANCE OR RISK OF LOSS RESPONSIBILITIES WITH RESPECT TO THEIR RESPECTIVE PROPERTY. 4. EXECUTION OF AGREEMENT. Purchaser shall execute this Agreement in advance of submittal to the Board of County Commissioners. The date the Board of County Commissioners approve ot this Agreemenl shall be referred to herein as the "Effective Date'. 5. TITLE. Title to the County Property shall be conveyed to Purchaser by Statutory Deed and title to the Estates Shopping Property shall be conveyed to Seller by Special Wananty Deed. ln addition to the foregoing, both parties agree to execute an owne/s gap, construction lien and non-foreign affidavit, closing statement and all such other documentation requested by either party's attomey in order for it to obtain an owner's title insurance policy. 6. PURCHASE PRICE. The Purchase Price ("Purchase Price") for the County property is THREE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($3,750,000), payable by Purchaser to Seller. Within three (3) business days after the Etfective Date, Purchaser shall pay to Coleman, Yovanovich & Koester, P.A. ("Escrow Agent'), an initial deposit in the amount of ONE HUNDRED EIGHTY-SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($187,500) hereinafter referred to as ("lnitial Deposit"). Priorto the end of the ninety (90) day Due Diligence Period, if Purchaser has not elec;ted to terminate lhis Agreement, purchaser shall pay to Escrow Agent an additional sum of ONE HUNORED EIGHW-SEVEN THOUSAND, F|VE HUNDRED DOLLARS ($187,500), hereinafter referred to as ('second Deposit") so that the total deposit equals THREE HUNDRED SEVENTY-FIVE THOUSANO DOLLARS ($37S,OOO) and shail be non-refundable except for Seller's default or Purchaser's failure to obtain all required County land use entitlements and all required State and Federal approvals set forth in Section 8, below. The lnitial Deposit and the Second Deposit shall collectively be refened to as the 'Earnest Money." The balance, after credit of the Earnest Money and any prorations and adjustments, shall be paid by PURCHASER to SELLER at closing of this transac{ion. 7. INiECTION PERIOD AND DUE DIL|GENCE. purchaser shail have a period of ninety (90) days from and after the Effec{ive Date ("Due Diligence Period") to inspec{ the county property, including the right to make engineering and soil tests, analyses and other investigations, and to investigate and/or review any other facts, circumstances or matters, or to perform any and all due diligence, which Purchaser deems relevant to the purchase of the County property. This Agreement shall terminate if prior to the expiration of the Due Diligence period, purchaser delivers to Seller written notice that lhe County Property is not suitable to Purchaser for any or no reason in Purchaser's sole and absolute discretion. lf Purchaser terminates this Agreement pursuant to this section, then upon such termination, Purchaser shall receive an immediate refund of the lnitial Deposit then held by Escrow Agent, end thereafter neither party shall have any further obligations to the other hereunder. 8. LAND USE ENTITLEMENT CONDITIONS. Purchaser's obligation to purchase the County Property and exchange the Estates Shopping Property is contingent upon purchaser obtaining: (a) final approval of any rezone, and any amendment(s) to the Collier County Growth Managemenl Plan and/or Land Development Code, as are necessary to obtain such rezone, to permit commercial and/or residential uses on the County Property acceptable to the Purchaser in Purchaser's sole and absolute discretion, and (b) an amendment to the Estates Shopping Center Sub-district and the Estates Shopping Center CPUD to eliminate the grocery store requirement and to add the Counly's proposed uses for essential public service to include, but not be limited to, workforce housing, senior housing, VA nursing home and an animal sanctuary. 9.A.2.g Packet Pg. 264 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Purchaser shall work with the Seller during the €ntitlement process to agr€e upon the legal description of the One-Acre Tract and to define and develop the appropriate development standards for the One-Acre Tracl. The One-Acre Tract will be fully mitigated and not required to provide preserve, open space, water quality and waler quantity management within the acre and shall have access to the main access road of lhe development. The Purchaser will work with lhe Seller's representative to define development standards that reduce the setbacks and buffering to the parent parcel during the rezone process, eliminate the grocery store requirement and obtain uses on the remaining parcel between Wilson Boulevard and l"tStreet Northwest acceptable to Purchaser in Purchaser's sole and absolute discretion. Ouring the entitlement process, at Purchaser's request, Seller shall execute all petitions to add the Purchaser's desired uses on the County Property including, but not limited to, a petition to amend ihe Collier County Growth Management Plan and a petition to rezone the County Property. The Purchaser shall use his best efiorts to obtain the land use entitlements within twenty-four (24) months of the execution of this Agreement. Should the purchaser fail to complete the entitlement process within thirty (30) months, then this Agreement shall terminate and the Earnest Money shall be returned to the Purchaser and the parties shall have no further obligations hereunder. 9. TITLE AND SURVEY EXAMINATION. A. Within forty-five (45) days after the Effective Date, Purchaser may obtain atitle insurance commitment with respect to the County property ("Tifle Commitment'). lf the Title Commitment reflects lhat tifle to the County prope(y is subjecl to matters that are not acceptable to purchaser, purchaser shall notify Seller of Purchase/s objections to the same in writing by no later than forty-five (45) days after the Effective Date, and the same shall be treated as defect(s) ("Objections"). Unless Purchaser timely delivers written notice to Seller of the Objections, Purchaser shall be deemed to accept tifle to the County property in its then existing condition. Seller shall, by no later than ten (10) days from and after receipt of the Objections, provide written notice to Purchaser stating whether it will cure (or attempt to cure) the Objec{ions, which decision shall be in Seller,s sole and absolute discretion. lf Seller elecls to cure (or attempt to cure) the Objections, Seller shall have until the expiration of the Due Diligence period (the.Cure period"). lf Seller does not agree to cure the Objections (or if Seller elects to attempt to cure one or more Obiections, but is unable to timely cure the same prior to the expiration of the Cure Period), Purchaser shall have the option of either: (i) proceeding with this transaction in accordance with the terms and provisions hereof and accepting all title matlers in their then existing condition; or (ii) terminating lhis transaction upon notice to Seller prior lo the expiration of the Due Diligence period, whereupon the lnitial Deposit shall be returned to Purchaser, and Seller and Purchaser shall be released from any and all further obligations and liabilities arising under or out of this Agreement. Despite the foregoing, Seller shall be required to cure defects in title related to monetary items such as liens or mortgages created by Seller or as a consequence of Seller's ownership of the County Property. Between the Efiective Oate and Closing, neither party shall encumber their respective property with any lien or other encumbrance that is not expressly permifted or reasonably contemplated by this Agreement or that cannot be satisfied or otherwise discharged by prior to or in conjunction with Closing. 9.A.2.g Packet Pg. 265 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) B. Within forty-five (45) days after the Effective Date, Purchaser may obtain a boundary survey of the County Property ("Survey"). lf Purchaser obtains the Survey, and the Survey correctly shows: (a) an encroachment onto the County Property, (b) that an improvement located on the County property proiects onto lands of others, (c) lack of legal access, or (d) encumbrances or defec,ts, then Purchaser may provide Seller with a copy of the Survey and notify Seller of any such encroachment, encumbrance or defect and the same shall be treated as Objections and are subject to the provisions of Seclion 9.A, above. lf purchaser has failed to terminate the Agreement prior to the expiration of the Due Diligence Period, then Purchaser shall be deemed to have accepied all survey related mafters in their existing condition. 10. PRORATIONS. ADJUSTMENTS AND CLOSING COSTS. A. The following items shall be prorated and adjusted between Seller and purchaser as of midnight of the day preceding closing: 1. All installments or special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by purchaser. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. 3. At the closing, the amount of proration and adjustrnents as aforesaid shall be determined or estimated to the extent practicable and lhe monetary adjustment shall be made between Seller and Purchaser. All such prorations and adjustment shall be final. B. Purchaser shall pay for all costs associated wilh this transaclion including, but not limited to all the associated costs of the land swap including zoning and use approvals, engineering, surveying, transfer, documentary taxes, and recording costs for any curative instruments. Purchaser agrees to pay the cost of publication of the legal notice soliciting bids on the Premises. Seller shall pay the costs of recording the conveyance instrument. 'l l. DEFAULTS AND TERMINATION. lf Purchaser defaults hereunder and such default has not been cured within ten (10) days afler written notice of such default lo Purchaser, then provided Seller is not in default, Seller's sole remedy shall be to terminate this Agreement by giving Written Notic€ thereof to Purchaser, whereupon the Eamest Money paid to date shall be retained by Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that Seller's aclual damages in the event of Purchaser's default are uncertain in amount and difiicult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. lf Seller defaults hereunder and such default has not been cured within thirty (30) days afier Written Notice of such default to Seller, and provided Purchaser is not in default, Purchaser may, at its option: (a) terminate this Agreement, whereupon the Eamest Money shall be returned to Purchaser and neather party shall have any further liability or obligation to the other, 9.A.2.g Packet Pg. 266 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) (b) enforce this Agreement by a suil for specific performance, or (c) pursue any other remedy available by law or in equity. 12. EXPENSES. Any and all costs and expenses incurred by Seller in connection with this transaclion, including, without limitation, associated costs of the land swap including zoning and use approvals recording fees, conveyance fees, public notice cost, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by purchaser. Notwithstanding the foregoing, Seller shall be responsible for Seller's legal fees and expenses. 13. INTERMEDIARIES. Any and all brokerage commissions or fees brought about by the action of Purchaser shall be the sole responsibility of the Purchaser. Purchaser shall indemnify Seller and hold Seller harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Purchaser as a real eslate broker, salesman or representative, in connec-tion with this Agreement, including costs and reasonable attorneys' fees incident thereto. Notwithstanding the foregoing, Seller represents and warrants lhat no brokers or realtors have been engaged by Seller with respect to the purchase and/or sale of the County Property or the Estales Shopping property. This provision shall survive closing of this transaclion. 14. CLOSING. Closing shall take place during normal business hours at the offices of the Escrow Agent, 4001 Tamiami Trail North, Suite 300, Naples, Florida, 34103, or such other location as parties may select, within 30 days from the date purchaser obtains the last of all necessary Counly, State and Federal approvals. 15. GENEML PROVISIONS. A. This Agreement, including all exhibits attached hereto and documents to be delivered pursuant herelo, shall constitute the entire agreement and understanding of theparties, and there are no olher prior or contemporaneous written or oral agrCements, undertakings, promises, warranties or covenants not conlained herein. B. This Agreement may be amended only by a written memorandum subsequen y executed by all the parties hereto. C. No waiver of any provision or condition of lhis Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, ac1 or default. D. Time is of the essence of this Agreement. ln the computation of any period provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. ln the event lhat any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only and shall not be construed as a part of lhis Agreement. 9.A.2.g Packet Pg. 267 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) W:TH A COPY TO: G. This Agreement shall be binding upon and shall inure to the benefit of the padies hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by Purchaser without the prior express written consent of Seller, which consent may be withheld for any reason whatsoever. Notwithstanding the foregoing, Purchase may elect to take title to the County Property in the name of a trust and/or entity related to Purchase or Robert Crown. H. Any and all notices permitted, or required to be given hereunder, shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail to the following addresses. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. AS TO SELLER:Collier County Real Property Management Attention: Toni A. Mott 3335 East Tamiami Trail, Naples, Florida 34112 Collier County Attorney's ffice Attention: Jeffrey A. KlaEkow, County Attorney W. Harmon Turner Building, 8h Floor 3335 East Tamiami Trail, Naples, Florida 34112 AS TO PURCHASER: Crown Management Services,LLC W!TH A COPY TO: Attention: Robert Crown 207 Cherry Hill Drive Presto, PA 15142 Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 L This Agreement shall be governed in all respects by the laws of the State of Florida. lf any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable paralegal and attorneys' fees and all out of pocket third party costs incurred in that action or prooeeding, including those related to appeals. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all the parties, and all of which shall b€ construed together as but a single instrument. K. Possession of the County Property shall be delivered to the Purchaser at Closing. Possession ofthe Estates Shopping Property shall be delivered to the Seller at Closing. L. The word "Closing", or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjoumed time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. 9.A.2.g Packet Pg. 268 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) M. This Agreemont is betr,\reen Seller and Purchaser and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by Seller pursuant to this Agreement. N. All the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by Purchaser. lf so recorded by Purchaser, this Agreement shall be deemed ipso facto canceled and terminated, the Eamest Money shall thereupon b€ retained by or paid to Seller as liquidated damages for such default, and Purchaser shall have no further interest in the County Property, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effecl, and have not been relied upon by Purchaser. 16. ESCROW AGENT. Escrow Agent shall not be responsible for any defaults hereunder by any party. ln the event of an actual or potential dispute as to the rights of the parties hereto under this Agreement, the Escrow Agent may in its sole discretion, continue to hold the Earnest Money until the parties mutually agree to lhe release thereof, or until a iudgment of a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit any monies and all instruments held puEuant to this Agreement with the Clerk of Court, Collier County, Florida, and upon notifying all parties concerned of such action, all liabilaty on the part of the Escrow Agent shall fully terminate, except to the extent of an account of any monies theretofore delivered out of escrow. All parties agree that Escrow Agent shall not be liable to any party or person whomsoever for any action taken or omitted by Escrow Agent, including but not limited to any mis-delivery of monies or instruments subject to this escrow, unless such mis- delivery shall be due to willful breach in bad faith of this Agreement or gross neglagence on the part of the Escrow Agent. All of the terms and conditions in connection with Escrow Agent's duties and responsibilities and the rights of Seller, Purchaser and any lender or anyone else, are contained in this instrument, and the Escrow Agent is not required to be familiar with the provisions of any other instrument or agreement, and shall not be charged with any responsability or liability in connection with the observance or non-obseNance by anyone of the provisions of any other such instrument or agreement. Escrow Agent may rely and shall be protected in acting upon any paper or other document which may be submitted to Escrow Agent in connection with its duties hereunder and which is believed by Escrow Agent to be genuine and to have been signed or presented by the property party or parties and shall have no liability or responsibility with respect to the form, execution or validity thereof. Escrow Agent shall not be required to institule or defend any action or legal process involving any matter ref€rred to herein which in any manner affects it or Escrow Agent's duties or liabilities hereunder unless or until required lo do so by the Purchaser or Seller, and then only upon receiving full indemnily in an amount and of such charac{er as Escrow Agent shall require, against any and all claims, liabilities, judgments, attorneys' fees and other expenses of every kind in relation thereto, except in the case of Escrow Agent's own willful misconduct or gross negligence. Escrow Agent shall not be bound in any way or affected by any notice of any modification, cancellation, abrogation or rescission of this Agreement, or any fact or circumstance affecling or alleged to affect the 9.A.2.g Packet Pg. 269 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) rights or liabilities of any other persons, unless Escrow Agont has received written notice satisfactory to Escrow Agent signed by all parties to this Agreement. 17. OTHER PROVISIONS: A. Seller and Purchaser have the right to maintain possession of their respective properties until the date of closing.89.A.2.g Packet Pg. 270 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) !NW:TNESS WHEREOF,the paFtleS have caused this Agreementto be executed as of the day and year lrst above wntten AS TO SELLER: I? L. McDaniel, Jr., BOARD OF 9.A.2.g Packet Pg. 271 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) AS TO PURCI-IASER (as to all): DATED: ′ヽ Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 ILL-. , ) ( Richard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1 , 2005 i)- > (-.._- Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust ,1t-t-' ) Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1 , 2005 (- Richard D. Yovanovich, as Successor Trustee of Land Trust 850.03'l under Land Trust Agreement dated December 'l , 2005 Print N.me: 10 9.A.2.g Packet Pg. 272 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Exhibil "A' County Propcrty All of Tract "A", Golden Gate Esrates, llnit 22, according to the plat thereol as recorded in Plat Book 7, Pages 8-j and 84 of the Public Records of Collier County, Florida, LESS AND EXCEPT that portion conveyed by Statutory Deed and recorded in O.R. Book 4079, Page 1358. 9.A.2.g Packet Pg. 273 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Exhibit・ B" Estates Shopping Property 9.A.2.g Packet Pg. 274 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) IRCT 76 1 I RACI Ю5 IRACl l12 1 I TRri 141 (0R 26{0, PC ll57)(OR 4098 PC 5964) S89°40150"E (OR 5315 PC 2493) 10R519■lΨ l (ORコ 97 PC 5527)(OR 519' PC 0351) TRACT 143 L________ 60 印 ヽ sPお り・[ | |∂`OaクNN 巨40150・ ■ 1瞳 1 87 1 r―――――――十一―――――― ■―――RC,80-|BLつ 4801m'_1___1 ! Ttt1 124爆T89 1 7●▲rI I||1PROPERIY DESCR:PT10N A PARcCL OF しNND BEINC ttL OF TRACT ::O ANO A PORTЮ N OF TttTS i09 AN0 漱E輔 謙 櫛 典鵠渉RⅧP占 躙 懲1よ 朧 ∥艦ぎ%〔おぉど∫E暇 踪 器 .雉 、.器 罐 鷲N出 ピ‰uI I∥[OF SND PLAT SOuTH 8940・ 50・ 邸 7. 840 00 FEET ro THE POINT OF 8EONNINC OF THE PARCEL OF LAND HEREIN DESCR,8ED: 了H〔NC〔 NORTH Oσ :9'10・ EAST, A DISTANC■ OF 93500 FEET: THENCE SOuTII 詳鼎ЪrttN:fⅧl‰ぎT∬。PttT腱:晰 馬器1社 sotrH oo19'10・ WEST. A DSTANCC OF 93500 FEET TO A PONT ON IHEAFOREMENT10ED SOuTH しINE OF SNo PLAT, 7HENC〔 ALONC SNO SOuTH LINE. NORTH 8g40 50・ WESI.A DISTANCE OF 480 00 FEE了 10 THE PON7 oF BECINNINC CONTttNING 10 30 ACRES. MORE OR LESS NOTESi : BEARINCS SHOWN HERCON ARE OASC0 0N TIIC SOuTH LINE O「 GOLDENCATE ESTATES UNIT N0 11. AS RECOROED lN PLAT 800К 4 PACES 103AND 104, OF THc PuBLIC RECORDS OF COし にlER COUNTY, FLOR10A, AS 8〔INC N 8940.50‐W2 0!MCNSiONS SHOWN H〔REON ARE IN U S SURVEY FEET AI10 0EC:MALSTHEREOF5 1HIS SKEICH AN0 0ESCRIPTloN lS EQI VAL10 W:THOuT THE ORCINAL S,CNATυ RE ANO SEAL O「 A LiCENS[D FLOR:DA SURVEYOR ANO MAPPER NO A001T10NS OR DELE了 !ONS TO THIS SKETCH & DESCRIPT10N MAP AREP[RM1lTED WITHOuT THE EXPRCSSEO WR1lTEN CONSENT OF THE SlCN:NCPARTY LEGttND: POC ttNT∝Cい “ N鮨 嘔NTP00 pONT∝BEO叫 鰊 mCALは 蜘SB鰍PB PLAT 000K PC PCISl 0 100' 200・ 400' SCALE: 1" = 200' THIS PLAN MAY HAVE BEEN ENLARCED OR REDuCED FROM INTENOED D,SPLAY SCALEFOR REPRODuCTloN REASONSGOLDEN CATE ESTA'ES uMI NO!2(PB 4,PC 105) DRAM BY: KIG GradyMinor Ci宙 I Englncers o Land SuⅣeyors . Cert orAuth EB IXX15,51 Cert orA●th LB IXX15151 0. Gr80l{lror ol.t Aaroclotcr, Prt. 3800 Vta Dcl Rcy Botrlt sprlrt!, Plorlds 3,1134 PlannelB . Landscape Archltscts Autnc l,C 28tXrO2€0 SKETCH AND DESCR:PT:ON 格 ッ∠上 CHECKED BY1 0LS 000 C00C: 臼 0 00 ESTATES SHOPPiNG CENTER COLLiER COUNTY PARCEL LY:NG iNSECT10N 4,TOttSHIP 49 SOUTH,RANGE 27 EASTCOLL:ER COUNIY,FLOR:DA ―E: 1・ =氣r OATE: O AuCuST 2010 FlLE 1●・214・1 釧EET: ldl %w構:3oniL●SoHnm:2m0471144 9.A.2.g Packet Pg. 275 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 FIRST AMENDMENT TO REAL ESTATE SALES AGREEMENT This First Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of December p, 2019, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24,2019(the "Agreement"),relating to the purchase and sale of a 47+/-acre parcel commonly known as the Randall Curve Property and legally described on Exhibit"A" attached to the Agreement. B. Seller and Purchaser hereby amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: 1.Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to January 31, 2020. 2.Second Deposit. Purchaser's Second Deposit shall be due prior to the end of the Due Diligence Period as extended hereby. 3.Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of the parties hereto shall be governed by the terms of this Amendment. 4.Counterparts; Facsimile; Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof, it shall only be necessary to produce one such counterpart. For purposes of this Amendment,any signature transmitted by facsimile or e-mail (in pdf. or comparable format)has the same legal and binding effect as any original signature. 1 9.A.2.g Packet Pg. 276 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) IN WITNESS WHEREOF,this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. SELLER: DATED: De, (0 , 2019 ATTEST: BOARD OF C •i COMMISSIONERS OF CRYSTAL K. Kf sL Clerk COL IEgirr DA Adik0,b40"L-k-C‘—' By: Dety Clerk W;/ iam. L. McDaniel, Jr., 'airman Attest as to Chairo signatirOonI A .. Approved as To form and legality: Alb JenArr B. Belp-:'o Asst. County Attorn- O 2 9.A.2.g Packet Pg. 277 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) AS TO PURCHASER (as to all): DATED:l 19 Th M t Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement laatvia, pit ivP`CU"Li la_)_ Dated June 10, 2009 known as Trust Witness (Signature) Number 850.045 Print Name: i do n 41A n 1'10 4'''Lx .- 7--D." - ' Witness (Signa ure) Richard D. Yovanovich, as Successor Print Name: D ,,A i , ;(-1 r n i L q Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1, 2005 ill die/60.044`6'iLtd(2-- 4 ,A ..,,..A"' -----) ------ Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust A.,./1/4 ,- ) , Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 4. ,A....k. :,,i-Th , Richard D. Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 3 9.A.2.g Packet Pg. 278 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) PROJECT:RANDALL CURVE PROPERTY FOL10 NO.:37690040003 SECOND AMENDMENT T0 REAL ESTATE SALES AGREEMENT hoe馴 潔 謡 金躍 邸 蹴 罵:T鸞 淵 Ξ鯖 暇 贅:識 器 冊 :な 品庶 鏃 憮OF COLLIER COUNTY,FLORIDA("Seller'),and RICHARD D.YOVANOⅥCH,SUCCESSORTRUSTEE(AND NOT INDIVIDUALLY)("PurChaser∥)RECITALS: A Seller and Purchaser havc cntcrcd into that ccrtain Rcal Estatc Salcs Agrecmcnt dated September 24,2019,as irstamcnded on December 10,2019(the∥Agrccment"),relating to the purchase and sale ofa 47+/‐acrc parccl cOmmonly known as thc Randan curve ProPcrty and lcgally describcd on Exhibit``A''attached to the Agreement B Seler and Purchaser hereby fulther amend the Agreement as more particularly provided for herel■.C Capitalized telllis used but not deflned in this Amendment shall have the sme meaning asc」bed to such capitalized te..1=sin the Agreement. AGREEMENT: NOW,THEREFORE,for and in considcntion ofthe mutual cOvenants contained herein and for other valuable consideration,the receipt and sufrtciency of which are hereby acknowiedged,Seller and Purchaser hereby agree the Agreement is alnended as fo∥ows: l Due Dlligence Period Purchaser's Duc D∥igence Pe」od(as deflned in SectiOn 7 of the Agreement)iS hereby extendcd to March 31,2020 2 Second Deposit Purchaser's Second DepoJt shJl be duc pHOr to thc end of the Due Diligencc Penod as extended hercby 3 -On and COninnatlon Except as provded herein,an tcnns and provヽ 10ns ofthe Agreement and the Hghts Ofthe parties thereunder shan remain unchanged and in fuli force and efFect Thc Agrccmcnt as lnodi6。d and amendcd hcrcby is hereby ratifled and conflllllcd in ali rcsPcctS In thc event ofa connict between the teHlis ofthe Agreement and the tenns hereot thc rights and Obligations of the parties hereto sha∥be govemed by the te∥∥s ofthis Amendment 4. cOunterpartsi Facsimilet Email This Amendment may be executed in any number of counterparts with the same efTect as if all parties hereto had signed the same document All such counterparts shal be construed together and JYll constitute one instrumcnt,but in secHng proofhereol it shall only be ncccssary to produce one such countcrpart For purposes ofthis Amcndment,any signaturc ① 9.A.2.g Packet Pg. 279 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect ss any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the &te first above written. DATED:.r*uaryr[,"hZO Approved as to form and legality: SELLER: BOARD OF COUNTY COMMISS10NERS OF Bun L. Saunders, Chairman Jennifer B. Belped CO By:L9.A.2.g Packet Pg. 280 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) AS TO PURCHASER(as to a∥): DATEE):Januaryノ 彎∠′2020 4榛 ―Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 /F_た め―Richard D. Yovanovich. as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December I . 2005 ■^―Richard D. Yovanovich, as Successor Trustee of the Colden Gate Boulevard West Trust 4ん も⌒ Richard D. Yovanovich. as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated Decembet l, 2005 ↓ス√ゝ摯 Richard D. Yovanovich. as Successor Trustee of Land Trusl 850.031 under Land Trust Agreement dated December l. 2005 9.A.2.g Packet Pg. 281 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) PROJECr:RANDALL CURVE PROPERTY FOL10 NO.:37690040003 THIRD AⅣ【ENDMENT T0REAL ESTATE SALES AGREEMENT This Lrd AmendmenttO Real Estate Sales Agreement(thS"Amendment∥)iS made and enteredinto efFective as of March 24,2020,by and betweenthe 30ARD OF COUNTY COMMISsloNERS OF COLLIER COUNTY,FLORIDA("Scller"),and RICHARD D.YOVANOⅥCH,succESSORTRUSTEE(AND NOT INDIVIDUALL■つ("Purchaser) RECITALS: A Seller and Purchaser havc entered into that certain Real Estate Sales Agreement dated Septcmbcr 24,2019,as flrst alnendcd on December 10,2019 and as n】rher anlended on January 28,2020 (the"Agreement"),relating to the purchasc and salc of a 47+/‐acre parcel conlmonly known as thc Randali Curve Propeny and legally descHbed on Exhibit“A"attached to the Agreement ぉrhctt SellermdPurchsahc“けhlthCr amed he Ag“emcmぉ moκ ttLJdy provided C Capitalized temas uscd but not dcflned in ths Amendmcnt shall have thc salnc meanlng ascHbed tO such capitalized te111ls in the Agreement. AGREEMENT: NOW,THEREFORE,for and in consideration of thc mutual covenants cOntdned herein and fOr ottr vduabL cOn並 面b■the κctt ad Sumd:鶴 庶1に h ttC hc“by“bOucdged,sdLr mdPurchn゛ r here,agrCe the Agreementis amended a l Due Diligence PcHod Purchascr's Duc Diligcncc Pttod(aS deincd in ScctiOn 7 ofthc Agreement)iS hereby cxtended to Mγ 29,2020 2 Second Deっ osit Purchascr's Second DcpoЫ t shdl bc duc pHOr to thc end Ofthc Duc Dnigcnce Pc五 od as extcnded hereけ Ag“ettt謂 紙蹴躙諸認識翼」雷 獣 お 「 °宙 “ d hCd軋 洲tcms md pЮ 宙ЫOns Of山 ,hall renldn unchanged and in ill fOrce and efFect The Agrecment as modifled and amended hereby is hercby ratined and confllllled in all respccts ln the 篇 出 糧 t甜 :t霊躍 L盤 蠍冨 」譜 :鋸 聯 器 :電 鵠 1酬 :he“ 。1血 Hghs adOmg“。ns of 4 COunt∞魏 F“J副 O Emall Ls就 『燎 1脳 滉 Ⅷ鳳 :淵 明 ヽ 」counterParts uith the sall■e effect as if all parties iⅧ聡織 鳳野l明 謂燎轟淵恣 、l蹴 出鶴よ胤癬焉器」罵 ソ|¨ 9.A.2.g Packet Pg. 282 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) signature transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect as any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as ofthe date first above written. SELLER: 30ARD OF COUNTY COMMISSIONERS OF By: 、メl10N゛ ゛ DATED:March』±2020 COLLIEミ ■OUNTY,FLOBIDA Burt L. Saunders, Chairman や asApprovcd 9.A.2.g Packet Pg. 283 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) AS TO PURCHASER(as to a11): DATED:March ttL 2020 Witness (Sign Print Name: {,u-. >--< Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 力=、.ЪR Richard D. Yovanovich, as Successor Trustee ofland Trust 850.028 under Land Trust Agreement dated December l, 2005 ネんヽ cレQ Richard D. Yovanovich, as Successor Trustee of the Golden Gale Boulevard West Trust 櫻 ヽ_Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 ↓ん 、_Richard D. Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December l, 2005 illa や Witness 9.A.2.g Packet Pg. 284 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 FOURTH AMENDMENT TO REAL ESTATE SALES AGREEMENT This Fourth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of May 26, 2020, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D, YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDMDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24,2019, as first amended on December 10,2019, as second amended on January 28,2020 and as further amended on March 24, 2020 (the "Asreement"), relating to the purchase and sale of a 47 +/- acre parcel commonly known as the Randall Curve Property and legatly described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenanls contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agrcement is amended as follows: L Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to June 30, 2020. 2. Second Deposit. Purchaser's Second Deposit shall be duc prior to the end of the Due Diligence Period as extended hereby. 3. Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights ofthe parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations ofthe parties hereto shall be governed by the terms ofthis Amendment. 4. Counterparts: Facsimile: Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterpar"ts shall be construed together and shall constitute one instrument, but in seeking proof hereol, it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any 9.A.2.g Packet Pg. 285 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) signature transmitted by t'acsimile or e-mail (in pdl'. or comparable fbrmat) has the same legal and binding effect as any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser 1o be effective as ofthe date first above written. SELLER: DATED:May並 ,2020 BOARD OF COUNTY COMMISSIONERS OF Burt L. Saunders, Chairman Jenniler B. Belpedi Asst. County Attorn 9.A.2.g Packet Pg. 286 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) AS TO PURCHASER(as to a11): DATED: rra"y l,P. ZOZO Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 {l..L^.- -E__€ fuchard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December l, 2005 Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust lt \*\,- l\,/L-1_.r - -_) . >\ ' _ Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December I , 2005 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.03 I under Land Trus1 Agreement dated December 1,2005 9.A.2.g Packet Pg. 287 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 FIFTH AMENDMENT TO REAL ESTATE SALES AGREEMENT This Fifth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into eflbctive as of June 23, 2020,by and between the BOARD oF couNTy coMMIssIoNERs oF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24,2019, as first amended on December 10,2019, as second amended on January 2E,2o2o and third amended on March 24, 2020 and as further amended on May 26, 2020 (collecrively, the "Asreement"), relating to the purchase and sale ofa 47 +l- acre parcel commonly known as the Randall Curve Property and legally described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: l. Due Diliqence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to September 30, 2020. 2. Second Deoosit. Purchaser's Second Deposit shall be due prior to the end of the Due Diligence Period as extended hereby. 3. Ratification and Confirmation. Except as provided herein, all terms and provisions ofthe Agreement and the rights of the pa(ies thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and conlirmed in all respects. In the event ofa conflict between the terms oflhe Agreement and the terms hereof, the rights and obligations of the parties hereto shall be govemed by the terms of this Amendment. 4. Counterparts: Iracsimile: Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proofhereof, it shall only be necessary to produce one such counterpart. For purposes ofthis Amendment, any signature transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect as any original signature. ′、、 9.A.2.g Packet Pg. 288 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. DATED:June 23.2020 AΠ EST:BOARD O「COUNTY COMMISS10NERS OF Burt L. Saunders, Chairman 9.A.2.g Packet Pg. 289 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) AS TO PURCHASER(as to alり:DATED:June 9 2020 PrintName: IiapNr sgR Beefe$rO Richard D. Yovai-ovich, as Su-ccessor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 /-t-o>-<ffi, Trustee ofLand Trust 850.028 under Land 'l rust Agreement dated December l, 2005 Richard D. Yovanovich, as Successor Trustee ofthe Golden Cate Boulevard West Trus1 -(L,t-.>r< Richard D. Yovanovich, as Successor 'l'rustee of Land Trust 850.024 under Land Trust Agreement dated December I , 2005 Land Trust Agreement dated December I , 2005 WitnesS (Signature) PHnt Nalne:恥 _ J口 ιしヽャ Witness (Signath&) Richard D. Yovafl'ovich, as Successor Trustee of Land Trust 850.03 [ under =ヽ 9.A.2.g Packet Pg. 290 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 SIXTH AMENDMENT TO REAL ESTATE SALES AGREEMENT This Sixth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of July 14, 2020, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24, 2019, as first amended on December 10, 2019, as second amended on January 28, 2020 and third amended on March 24, 2020 and fourth amended on May 26, 2020 and as further amended on June 23, 2020 (collectively, the "Agreement"), relating to the purchase and sale of a 47 +/- acre parcel commonly known as the Randall Curve Property and legally described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: 1. County Property. The parties agree to increase the size of the County Property to 50.18 acres, more or less. Exhibit "A" attached to the Agreement is hereby deleted in its entirety and replaced with a new Exhibit "A" attached to this Amendment. 2. Purchase Price. The Purchase Price is changed to $3,828,000.00. 3. Closing Contingencies. As conditions of Closing, on or before the Closing Date, Seller shall ("Closing Contin encies"): a. Execute a release of the use restrictions and right of reverter (in recordable form acceptable to Purchaser) contained in deeds recorded in O.R. Book 3930, Page 356 and O.R. Book 4079, Page 1356, both in the Public Records of Collier County, Florida; b. Provide the necessary affidavits, lien waivers and estoppel letters to allow the title/closing agent to delete Schedule B-II exceptions 1, 2, 4, 5 and 6 as shown in Purchaser's title commitment prepared by First American Title Insurance Company Revision Number 4 dated January 13, 2020 ("Title Commitment"); and 9 9.A.2.g Packet Pg. 291 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) c. Provide the deeds and affidavits required in the forms described in Schedule B-I items 4(a) and 4(b) as shown in the Title Commitment. If Seller is unable to satisfy all of the Closing Contingencies by the Closing Date, Buyer may either: (a) waive the Closing Contingencies, in writing, and proceed to Closing, or (b) terminate the Agreement by providing written notice to Seller on or before the Closing Date, in which event all deposits shall be returned to Buyer without further action of the parties and the parties shall have no further rights or obligations under the Agreement. 4. Storm Water Management. If, after Closing, Purchaser elects to modify Pond #9, the following terms and conditions shall be applicable: Pond # 9 located at the intersection of Immokalee Road and Randall Boulevard provides treatment and attenuation for a segment of Immokalee Road. Based on the approved permit, the pond currently provides 1.10 acre feet of water quality and 5.42 acre feet of total treatment/attenuation. The discharge pipe for Pond # 9 discharges to the west to the Corkscrew Canal by means of a 42' RCP Pipe. The Florida Department of Transportation (FDOT) is in the process of completing the project development and environment (PD&E) study for the Immokalee Road/Randall Boulevard intersection improvements. Long term plans anticipate a flyover at this intersection. Based on the future improvements, additional water quality and storage requirements would be necessary for Pond # 9. Assuming the proposed pond site on Randall Boulevard as shown in the FDOT PD&E study are still acceptable, the County will require that the water quality of Pond # 9 be increased to 2.0 acre feet (net increase of 0.90 acre feet) and the treatment attenuation be increased to 6.0 Acre Feet (net increase of 0.58 acre feet) for future use by the County for the Randall Boulevard proj ects. With the acquisition of Parcel 2, as described in Exhibit A attached hereto ("Parcel 2"), Purchaser shall: A. Grant the County a drainage easement and lake maintenance easement, free and clear of all liens and encumbrances and without responsibility for Parcel 2. Purchaser shall provide at no cost to the County an attorney's opinion of title, and Purchaser shall be responsible at all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work, except those existing as of the time Purchaser acquires Parcel 2 from the County. Purchaser will provide the County Attorney's Office with an executed easement (including sketches and legal descriptions signed and sealed by a Florida Licensed Surveyor), suitable for recording. Upon receipt, the County shall record the easement in the Public Records of the County. Purchaser shall pay all costs associated with the recordation of the easement. This easement must allow the County the ability to modify the entire area of Parcel 2 (conversion to a wet pond) to accommodate future stormwater needs for the transportation network. Should the Purchaser modify the drainage and lake maintenance easement as identified in Paragraph F below to increase the water quality and attenuation, the drainage and lake maintenance easement will be amended to encompass the newly configured pond site, access berm and access from the public road to said pond area. The parties agree to execute an amendment to the easement, which shall be recorded in the Public Records of the County. B. The Purchaser shall be obligated to maintain the stormwater management system, which includes stormwater ponds, control structures, drainage structures, and pipe conveyance system in perpetuity at its sole cost and expense. Should the Purchaser fail to maintain the Stormwater 2 9.A.2.g Packet Pg. 292 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Management System, the County may provide notice to the Purchaser in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Purchaser at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the Stormwater Management System results in a situation where public safety is at risk, (1) Purchaser shall effect repairs within twenty-four hours of receipt of the County's written notice, or (2) County may, at its option, effect repairs to the improvements, without the need for prior notice to the Purchaser, and will promptly bill the Purchaser for all actual costs incurred in effecting the repairs. Purchaser shall reimburse the County for such costs within thirty days of receipt of the County's bill. County shall be granted access to the stormwater system connected to the roadway at all times. C. Five years after the acquisition and every five years thereafter, Purchaser shall perform an inspection by a certified engineer to assess the condition of the stormwater system. The inspection report shall be forwarded to the County for monitoring. Purchaser and its successors in interest, including any homeowner associations, will be solely responsible for the perpetual operation and maintenance of the shared stormwater management system. Notwithstanding the sole maintenance responsibility, the parties acknowledge that due to the importance of the drainage from roadway projects, the drainage easement will include a maintenance easement to allow Collier County to do whatever it deems necessary to repair or maintain the drainage system. If, after reasonable written notice to the Purchaser of a repair or maintenance issue concerting the shared stormwater management system goes unheeded, the County may enter the development for the purpose of repairing or maintaining the system, and the Purchaser will pay the County its full cost incurred in conducting such repair and maintenance. D. Purchaser, on behalf of itself, it successors and assigns (including any and all future owners and tenants, both commercial or residential, within the development), hereby (1) waives any and all claims for compensation and damages, including but not limited to future business damages and loss of access, from Collier County as a result of the flyover or its construction; and (2) will give all successors, assigns, tenants and buyers, both residential and commercial, who purchase or lease land from the Purchaser a separate written notice of the planned flyover with the statement that the County will not construct any sound wall or other barrier of any kind to reduce the impact, noise, etc. of the flyover. E. Acquisition of Parcel 2 does not guarantee nor prohibit the development access to 4th Street NE. Should the Purchaser modify Parcel 2, they shall be required to adhere to all of the aforementioned items as well as those noted below: F. Increase the water quality to 2.0 acre feet, a net increase of 0.90 acre feet from the current permitted allowance and the treatment attenuation to 6.0 acre feet, a net increase of 0.58 acre feet from the currently permitted Pond # 9. G. County and Purchaser agree that the County's stormwater system and Purchaser's storm water system will not be commingled and the development site will adhere to the discharge rate set forth in Policy 6.3 of the Stormwater Management Sub Element of the Public Facilities Element of the Growth Management Plan. Purchaser may connect to County outfall facilities downstream of control structures and upstream of the Immokalee Road Canal if Purchaser's calculated discharge flows and designed outfall connection do not cause negative impacts or otherwise impede County outfall to the Corkscrew Canal. 3 0401 9.A.2.g Packet Pg. 293 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) The terms of this Paragraph 4 shall apply to Purchaser's successors and assigns and survive the Closing Date. 5. Chloramine Booster Station. Within ninety (90) days after the Closing Date, Seller shall, at Seller's cost and expense, remove the chloramine booster station located in the southern corner of the County Property. 6. Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of the parties hereto shall be governed by the terms of this Amendment. 7. Counterparts; Facsimile; Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof, it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any signature transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect as any original signature. 9.A.2.g Packet Pg. 294 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. DATED: July 14, 2020 ATTEST: CRYSTAL I:.-KNZK'L, Clerk l A As s t Approved as to form and legality: N'111\'C' 0 Je ' er B. Belpedio, Asst. County Attorney SELLER: BOARD OF COUNTY COMMISSIONERS OF COL CO TY, ORIDA B Burt L. Saunders, Chairman 9.A.2.g Packet Pg. 295 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) AS TO PURCHASER (as to all): DATED: June 30, 2020 Witness (Signature) Print Name: b / Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1, 2005 4A, Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 HIM Richard D. Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 9.A.2.g Packet Pg. 296 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Exhibit "A" Page 1 of 2 County Property PARCEL 1 A PORTION OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT "A", NORTH 89°30'02" EAST, A DISTANCE OF 1,366.01 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1361, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE ALONG SAID BOUNDARY, SOUTHWESTERLY 2,258.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 46-58'49", (CHORD BEARING SOUTH 24°49'44" WEST, A DISTANCE OF 2,196.07 FEET) TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 00-29'58" WEST, A DISTANCE OF 361.77 FEET; 2) THENCE NORTH 89°59'48" WEST, A DISTANCE OF 426.54 FEET TO A POINT ON THE WEST BOUNDARY OF THE AFOREMENTIONED TRACT "A"; THENCE ALONG SAID BOUNDARY, NORTH 00°29'58" WEST, A DISTANCE OF 1,619.45 FEET TO THE POINT OF BEGINNING. CONTAINING 45.02 ACRES, MORE OR LESS. PARCEL 2 BEING A PORTION PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358 AND LYING WITHIN TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLATTHEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID TRACT "A", SOUTH 00°29'58" EAST, A DISTANCE OF 1,619.45 FEET TO A POINT ON THE BOUNDARY OF PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) SOUTH 89-59,48" EAST, A DISTANCE OF 426.54 FEET; 2) THENCE SOUTH 00°29'58" EAST, A DISTANCE OF 361.77 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE SOUTHWESTERLY 526.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 10°56'31", (CHORD BEARING SOUTH 53°47'24" WEST, A DISTANCE OF 525.29 FEET) TO A POINT ON THE AFOREMENTIONED BOUNDARY OF SAID PARCEL 179, THE SAME BEING THE WEST LINE OF SAID TRACT "A"; THENCE ALONG SAID BOUNDARY AND SAID WEST LINE, NORTH 00'29'58" WEST, A DISTANCE OF 672.12 FEET TO THE POINT OF BEGINNING. CONTAINING 5.16 ACRES, MORE OR LESS. TOTAL CONTAINING 50.18 ACRES, MORE OR LESS. 7 O 9.A.2.g Packet Pg. 297 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Exhibit "A" Page 2 of 2 G 9.A.2.g Packet Pg. 298 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) SRa g b@5Ybp >I! YbQ gp g Y g9e isgq Mpg gg r! Y Ye w =S5 ga !! o E9 @® l AOb Yg tg Ygi p ° a Q !. gY a°r° NL '' °' o glega•e i h b04 1pg:mn yEY.` ; g9@¢¢ b4 to b ® kB i yig164ege1aip4t? 0qq"pA y 1,10 ` ag !g, p>i 0l bb 4 ap9 !gg p sp a d Y y I 1g11 ,e 9 !a g i t2 a a °` a.,• ° 9y Wa gtPq'!@'1b ! g ° 1paYa g I Ei ppp4 o 3fa tNjIgG > Z =S Fb gdYpgl®•B g -!I9Q'e Oki, g ¢ y W e5 •Sh? e'6!b Fr "9 b ) 1 C7NZ Ye bBdbaantdGYEoYwJaot zeU Mma i :. '. • . _ _ -- / / fee / . r ,"! N ( I I !!------------ 10 c y \ l •\ / ! i^ pie . tea®.p.«. l ii j 6{E1FlEE tIEE'aY`a to I I C tv ! EE R t . I J1 ° . 1099f1 3. ZO. Of.6@N 6'i `•E -_._. i6 f i9f f 2GN I la pt ap t i e Q !S`u1c A46 !v w wEE`ao0..ae44 01` a4 f9$! lbe.op 19 EAalcs¢ s9.A.2.gPacket Pg. 299Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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 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) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 PUDRGMPA Immokalee Road Commercial Center Subdistrict (Not approved at this time) 9.A.2.g Packet Pg. 300 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: 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 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 37690040003 37690040100 05/08/2020 9.A.2.g Packet Pg. 301 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) $ 0 $ 0 $ 0 $ 2,854,200 $ 0 $ 2,854,200 $ 2,356,989 $ 497,211 $ 0 $ 0 Collier County Property AppraiserProperty Summary Parcel No 37690040003 SiteAddress*Disclaimer Site City Site Zone*Note Name / Address COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 City NAPLES State FL Zip 34112 Map No.Strap No.Section Township Range Acres  *Estimated 3C22 332500 A 13C22 22 48 27 47.57 Legal GOLDEN GATE EST UNIT 22 TRACT A, LESS THAT PORTION OF TRACT "A" ASDESC IN OR 3080 PG 723, AS AMENDED IN OR 4079 PG 1358 Millage Area 285 Millage Rates   *Calculations Sub./Condo 332500 - GOLDEN GATE EST UNIT 22 School Other Total Use Code 86 - COUNTIES INCLUDING NON-MUNICIPAL GOV.5.083 8.5571 13.6401 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 07/28/06 4079-1356 11/16/05 3930-356 06/30/88 1361-2019  2019 Preliminary Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after theFinal Tax Roll   9.A.2.g Packet Pg. 302 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) / $ 0 $ 161,700 $ 253,080 $ 21,052 $ 274,132 $ 33,380 $ 240,752 $ 0 $ 0 Collier County Proper ty AppraiserProperty Summar y Parcel No 37690040100 SiteAddress*Disclaimer 2470 4THST NE Site City NAPLES Site Zone*Note 34120 Name / Address COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 City NAPLES State FL Zip 34112 Map No.Strap No.Section Township Range Acres  *Estimated 3C22 332500 A 23C22 22 48 27 9.9 Legal GOLDEN GATE EST UNIT 22 THAT PORTION OF TRACT "A" AS DESC IN OR 3080PG 723, AS CORRECTED IN OR 4079 PG 1358 AND THAT PORTION OF TRACT AAS DESC IN OR 4079 PG 1361 Millage Area 285 Millage Rates   *Calculations Sub./Condo 332500 - GOLDEN GATE EST UNIT 22 School Other Total Use Code 86 - COUNTIES INCLUDING NON-MUNICIPAL GOV.5.083 8.5571 13.6401 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 07/28/06 4079-1358 07/26/02 3080-723  2019 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after theFinal Tax Roll   9.A.2.g Packet Pg. 303 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Collier County Property AppraiserProperty Aerial Parcel No 37690040003 SiteAddress*Disclaimer Site City Site Zone*Note Open GIS in a New Window with More Features. 9.A.2.g Packet Pg. 304 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) / Collier County Proper ty AppraiserProperty Aerial Parcel No 37690040100 SiteAddress*Disclaimer 2470 4THST NE Site City NAPLES Site Zone*Note 34120 Open GIS in a New Window with More Features. 9.A.2.g Packet Pg. 305 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) May 7, 2020 Exhibit Cover Pages.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Immokalee Road/4th Street N.E. Mixed Use Subdistrict (PL20190002355) Exhibit V.G6 Pre-application Meeting Notes 9.A.2.g Packet Pg. 306 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 307 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 308 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 309 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 310 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 311 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 312 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 313 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 314 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 315 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 316 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 317 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 318 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 319 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 320 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 321 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 322 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 323 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 324 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 325 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.gPacket Pg. 326Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Project Location Map NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002355 Immokalee Road/4th Street N.E. Mixed Use Subdistrict (GMPA) and PL20190002356, Randall Curve MPUD Rezone (PUDZ) A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Richard D. Yovanovich as Successor Trustee (Applicant) will be held on Wednesday, December 9, 2020, 5:30 pm at North Collier Regional Park Exhibit Hall – Room A, 15000 Livingston Road, Naples 34109. Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor.com, phone: 239-947-1144, or mail: 3800 Via Del Rey, Bonita Springs, FL 34134. Project information is posted online at www.gradyminor.com/planning. Richard D. Yovanovich as Successor Trustee has submitted formal applications to Collier County, seeking approval of a Growth Management Plan (GMP) Amendment and a Planned Unit Development (PUD) Rezone. The GMP amendment proposes to amend the Golden Gate Area Master Plan, Rural Golden Gate Estates Sub-Element to establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. The new subdistrict will provide for a variety of retail, office, personal service and residential land uses to allow a maximum of 150,000 square feet of nonresidential uses and a maximum of 400 residential dwelling units. The companion PUD rezone proposes to rezone the property from E, Estates to the Randall Curve Mixed Use Planned Development (MPUD) to allow development of the property with the retail, office, personal service and a variety of residential land use types. Access to the property will be via Immokalee Road and a vehicular interconnection with the property located immediately north of the subdistrict. The subject property is comprised of 50.18± acres located on the northeast corner of Immokalee Road and 4th Street N.E. in Section 22, Township 48 South, Range 27 East, Collier County, Florida. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. 9.A.2.g Packet Pg. 327 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 1NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPEAFFLECK, JESSICA T 2916 ORANGE GROVE TRLNAPLES, FL 34120---0 VALENCIA LAKES PHASE 2A BLK D LOT 978698004408 UALBY, JAMES B 2274 GROVE DRNAPLES, FL 34120---7496 VALENCIA LAKES PHASE 1-A BLK A LOT 878698000185 UALLEN, MICHAEL SHANE LINDSEY KATE ALLEN 2896 ORANGE GROVE TRL NAPLES, FL 34120---7513 VALENCIA LAKES PHASE 2A BLK D LOT 2478698004709 UALTER, JULIANNE M 2897 INLET COVE LN WNAPLES, FL 34120---7569 VALENCIA LAKES PHASE 7-A LOT 378698109646 UANGELA IGLESIAS REV TRUST 3213 W WOODLAWN AVETAMPA, FL 33607---6627 GOLDEN GATE EST UNIT 23 TR 7237745200002 UARGUELLO, CLAUDIO & MARIA 2885 INLET COVE LN WNAPLES, FL 34120---7569 VALENCIA LAKES PHASE 7-A LOT 678698109701 UAVALLONE, ENRICO ADINA-VIVANNE AVALLONE 2941 4TH ST NE NAPLES, FL 34120---1338 GOLDEN GATE EST UNIT 22 N 150FT OF TR 10437697440004 UBARBUTO, KARIE P 391 24TH AVE NENAPLES, FL 34120---0 GOLDEN GATE EST UNIT 23 E 180FT TR 7037745080002 UBAY ATLAS PROPERTIES INC 41 SEVILLE DRBRICK, NJ 08723---0 GOLDEN GATE EST UNIT 23 W 180FT OF TR 7337745280006 UBCF/NORTH COLLIER FIRE RESCUE 1885 VETERANS PARK DRNAPLES, FL 34120---1355 GOLDEN GATE EST UNIT 23 W1/2 OF TR 54 OR 1206 PG 236 LESS THAT PORTION FOR R/W DESC IN OR 3111 PG 0500 37744080003 UBCHD PARTNERS I LLC % DAVID GENSON2600 GOLDEN GATE PKWY NAPLES, FL 34105---0 GOLDEN GATE EST UNIT 22 N 180FT OF TR 116 OR 294 PG 6237698360002 UBCHD PARTNERS I LLC % DAVID GENSON2600 GOLDEN GATE PKWY NAPLES, FL 34105---0 GOLDEN GATE EST UNIT 22 TR 118 OR 1106 PG 403, LESS THAT PORTION FOR R/W 37698440003 UBCHD PARTNERS I LLC % DAVID GENSON2600 GOLDEN GATE PKWY NAPLES, FL 34105---0 GOLDEN GATE EST UNIT 22 TR 119, LESS THE EASTERLY 49 FT FOR R/W AS DESC IN OR 3111 PG 0500 37698480005 UBCHD PARTNERS I LLC2600 GOLDEN GATE PKWY ATTN: DAVIS GENSON NAPLES, FL 34105---0 GOLDEN GATE EST UNIT 22 TR 120 LESS THAT PORTION FOR R/W AS DESC IN OR 3111 PG 485. 37698520004 UBLUME, STEPHEN & MILAGROS 2820 39TH AVE NENAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 5078698110583 UBO, BRYAN & BRITTNEY 2887 BLOSSOM CTNAPLES, FL 34120---7528 VALENCIA LAKES PHASE 7-A LOT 3778698110321 UBOLLT TR, ROBERTO % ORANGETREE ASSOCIATES PO BOX 855BONITA SPRINGS, FL 34133---0 ORANGE TREE UNIT TWO CITRUS GREENS SECTION PH 4-A LOT 164697500108 UBOLLT TR, ROBERTO % ORANGETREE ASSOCIATES PO BOX 855BONITA SPRINGS, FL 34133---0 ORANGE TREE UNIT THREE CITRUS GREENS SECTION PH, 1-A THAT PT OF PARCEL 2 DESC AS THE W 25FT (R/W PER PLAT)64700628553 UBOLLT TR, ROBERTO % ORANGETREE ASSOCIATES PO BOX 855BONITA SPRINGS, FL 34133---0 VALENCIA LAKES PHASE 1-A TRACT A78698000020 UBOLLT TR, ROBERTO % ORANGETREE ASSOCIATES PO BOX 855BONITA SPRINGS, FL 34133---0 VALENCIA LAKES PHASE 1-A BLK A LOT 178698000046 UBOLLT TR, ROBERTO % ORANGETREE ASSOCIATES PO BOX 855BONITA SPRINGS, FL 34133---0 VALENCIA LAKES PHASE 3A TRACT C78698100069 UBOLLT TR, ROBERTO % ORANGETREE ASSOCIATES PO BOX 855BONITA SPRINGS, FL 34133---0 22,23,24,25,&26 48 27 ALL, LESS GOLDEN GATE ESTS UNITS 22 24 & 25, LESS ORANGETREE U 1 THRU 4, LESS CITRUS GREENS SEC 00210440007 UBOLLT TR, ROBERTO LAND AGREEMENT TRUST UTD 1/27/86 AND 6/26/96 % ORANGETREE ASSOCIATES PO BOX 855 BONITA SPRINGS, FL 34133---0 VALENCIA LAKES PHASE 7-A TRACT D78698109581 UBOOHER, RANDY L & AUDREY J LOUELLA L BOOHER EST2849 INLET COVE LN W NAPLES, FL 34120---7569 VALENCIA LAKES PHASE 7-A LOT 1578698109882 UBRAUNSTEIN, SCOTT A & BRENDA L 2927 ORANGE GROVE TRLNAPLES, FL 34120---7450 VALENCIA LAKES PHASE 1-A BLK E LOT 1078698000826 UBUONGIORNO, RENEE 2860 2ND ST NENAPLES, FL 34120---1832 GOLDEN GATE EST UNIT 22 S 150FT OF TR 8437696280003 UCANDELARIA JR, ORESTES 2275 GROVE DRNAPLES, FL 34120---7497 VALENCIA LAKES PHASE 1-A BLK C LOT 378698000444 UCAPRIROLO, ALFREDO CLAUDIA A GONZALEZ 2920 ORANGE GROVE TRL NAPLES, FL 34120---0 VALENCIA LAKES PHASE 1-A BLK D LOT 878698000622 UCARANDANG, JESUS C & MARIA R 2922 INLET COVE LN ENAPLES, FL 34120---7507 VALENCIA LAKES PHASE 2A BLK D LOT 2178698004644 UCARROLL III, JEREMIAH J LAUREN ANN CARROLL2865 INLET COVE LN W NAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 1178698109808 UCHANCY, BRIAN S & MARY M 2878 W INLET COVE LANENAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 5378698110648 UCIFUENTES, STEPHANIE 2926 INLET COVE LN ENAPLES, FL 34120---0 VALENCIA LAKES PHASE 2A BLK D LOT 2078698004628 UCITRUS GREENS AT ORANGETREE HOMEOWNERS ASSOCIATION INC 1130 GROVE DR NAPLES, FL 34120---1425 LAKE LUCERNE TRACT A (DE) LESS THAT PART FOR R/W AS DESC IN OR 3111 PG 485 53360000108 UCLARK, LAWRENCE E BERNADETTE M CLARK 2860 BLOSSOM CT NAPLES, FL 34120---7528 VALENCIA LAKES PHASE 7-A LOT 4778698110525 UCLEARY, MICHAEL & DEANNA 2798 INLET COVE LN WNAPLES, FL 34120---7543 VALENCIA LAKES PHASE 5-A LOT 3378698106704 UCOGSWELL, RICKY L & STELLA 2790 2ND ST NENAPLES, FL 34120---1328 GOLDEN GATE EST UNIT 22 S 150FT OF TR 8637696400003 UCOGSWELL, RICKY L & STELLA 2790 2ND ST NENAPLES, FL 34120---1328 GOLDEN GATE EST UNIT 22 N 180FT OF TR 8637696360004 UCOLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 GOLDEN GATE EST UNIT 22 TRACT A, LESS THAT PORTION OF TRACT "A" AS DESC IN OR 3080 PG 723, AS AMENDED IN OR 407937690040003 UCOLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---0 GOLDEN GATE EST UNIT 22 THAT PORTION OF TRACT "A" AS DESC IN OR 3080 PG 723, AS CORRECTED IN OR 4079 PG 135837690040100 UCONTRERAS, CARLOS & LILIANA 7859 BUCKS RUN DRNAPLES, FL 34120---3904 VALENCIA LAKES PHASE 7-A LOT 2678698110101 UCOSSIO OSPINA, MARIA ELCY JOSE RAMON BURGOS 2939 ORANGE GROVE TRL NAPLES, FL 34120---7450 VALENCIA LAKES PHASE 1-A BLK E LOT 778698000761 UCRISSEN, KELLY M 2822 INLET COVE LN WNAPLES, FL 34120---7559 VALENCIA LAKES PHASE 7-A LOT 2578698110088 UCRUZ, CHRISTIAN DAVID2891 ORANGE GROVE TRLNAPLES, FL 34120---0 VALENCIA LAKES PHASE 2A BLK F LOT 578698005025 UCRUZ, JUANA MARLENE2809 INLET COVE LN WNAPLES, FL 34120---7569 VALENCIA LAKES PHASE 5-A LOT 2878698106607 UCURCIO, NICKOLAS R2805 INLET COVE LANE WNAPLES, FL 34120---0 VALENCIA LAKES PHASE 5-A LOT 2778698106584 UCURTISS INTERNATIONAL INC2905 INLET COVE LN WNAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 178698109604 UCVS 75462 FL LLC % CAREMARK CORPORATION 1 CVS DR #4738-01 WOONSOCKET, RI 02895---6146 NEIGHBORHOOD SHOPPES AT ORANGE TREE TRACT 363810090069 UD'ANDREA, JAMES FRANCIS 7960 PRESERVE CIR #616NAPLES, FL 34119---0 GOLDEN GATE EST UNIT 22 N 180FT OF TR 84 OR 1494 PG 82337696240001 UDANIEL, EDITH 1401 CROYDEN RDBRIDGEWATER, NJ 08807---1310 GOLDEN GATE EST UNIT 22 N 1/2 OF TR 8537696340008 UDARIS, ISMENE 2923 ORANGE GROVE TRLNAPLES, FL 34120---7450 VALENCIA LAKES PHASE 1-A BLK E LOT 1178698000842 UDEL CARMEN FRIAR, MARIA RONALD ARTHUR FRIAR 2894 INLET COVE LANE W NAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 5678698110703 UDELUCCIA, DANIEL & GAIL2868 BLOSSOM CTNAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 4578698110486 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INLET COVE LN WNAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 5578698110680 UGARCELL, LUIS 2856 BLOSSOM CTNAPLES, FL 34120---7528 VALENCIA LAKES PHASE 7-A LOT 4878698110541 UGARCIA, FERNANDO & SUSANA R 2915 ORANGE GROVE TRLNAPLES, FL 34120---7450 VALENCIA LAKES PHASE 2A BKL E LOT 1378698004903 UGATT, JEFFREY A & MONICA L 2841 4TH ST NENAPLES, FL 34120---1336 GOLDEN GATE EST UNIT 22 N 150FT OF 102 OR 1689 PG 103637697360003 UGAUDIOSI, ARMAND & TERESA 2872 BLOSSOM CTNAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 4478698110460 UNotice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.Petition: PL20190002355(GMPA) & PL20190002356(PUDZ) | Buffer: 1000' | Date: 11/3/2020 | Site Location: 37690040003 & 37690040100POList_1000_PL20190002355-PL20190002356.xls9.A.2.gPacket Pg. 328Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. 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Mixed Use Subdistrict) NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002355 Immokalee Road/4th Street N.E. Mixed Use Subdistrict (GMPA)and PL20190002356,Randall Curve MPUD Rezone (PUDZ) A Neighborhood Information Meeting hosted by D.Wa yne Arnold,AICP, of Q.Grady Minor and Associates,P.A.and Richard D.Yo vanovich, Esq.of Coleman,Yo vanovich &Koester,P.A.,representing Richard D.Yo vanovich as Successor Tr ustee (Applicant)will be held on We dnesday,December 9,2020,5:30 pm at North Collier Regional Park Exhibit Hall –Room A,15000 Livingston Road,Naples 34109.Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour,Senior Planning Te chnician with Q.Grady Minor &Associates,P.A.by email: sumpenhour@gradyminor.com,phone:239-947-1144,or mail:3800 Via Del Rey,Bonita Springs,FL 34134.Project information is posted online at www.gradyminor.com/planning. Richard D.Yo vanovich as Successor Tr ustee has submitted formal applications to Collier County,seeking approval of a Growth Management Plan (GMP)Amendment and a Planned Unit Development (PUD)Rezone.The GMP amendment proposes to amend the Golden Gate Area Master Plan,Rural Golden Gate Estates Sub-Element to establish the Immokalee Road/4th Street N.E.Mixed Use Subdistrict.The new subdistrict will provide for a variety of retail, office,personal service and residential land uses to allow a maximum of 150,000 square feet of nonresidential uses and a maximum of 400 residential dwelling units.The companion PUD rezone proposes to rezone the property from E,Estates to the Randall Curve Mixed Use Planned Development (MPUD)to allow development of the property with the retail,office,personal service and a variety of residential land use types.Access to the property will be via Immokalee Road and a vehicular interconnection with the property located immediately north of the subdistrict. The subject property is comprised of 50.18±acres located on the northeast corner of Immokalee Road and 4th Street N.E.in Section 22,To wnship 48 South,Range 27 East,Collier County,Florida. The Neighborhood Information Meeting is for informational purposes, it is not a public hearing. 9.A.2.g Packet Pg. 331 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 332 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 333 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Randall Curve MPUD and Estates Shopping Center December 9, 2020 NIM - Zoom Participants First Name Last Name Email Registration Time Approval Status Jill Rosenfeld jillfrosenfeld@gmail.com 12/9/2020 18:25 approved David Dlugolenski dd@sagestonepartners.com 12/9/2020 17:31 approved Adam Brown ab@sagestonepartners.com 12/9/2020 17:31 approved Quincy Jones tquincyjones@gmail.com 12/9/2020 17:31 approved Robert Anderson ander100@comcast.net 12/9/2020 17:28 approved Maggie Kemp mkemp@comcast.net 12/9/2020 17:06 approved Michele Vaughan michele@davisgroupga.com 12/9/2020 17:01 approved Jillian Shaw jillian@davisgroupga.com 12/9/2020 16:59 approved Collin Johnson Collin@coastal-it.com 12/9/2020 16:42 approved Ty Thrasher tythrasher@outlook.com 12/9/2020 16:01 approved Corby Schmidt Corby.Schmidt@colliercountyfl.gov 12/9/2020 14:03 approved Billy Chambers billy@davisgroupga.com 12/9/2020 12:06 approved Dawna Livingstone dpipersburg@rembrandtaccounting.com 12/9/2020 10:02 approved Tim Ross rossdesinc@aol.com 12/8/2020 23:22 approved Susan Ruesink suerruesink@yahoo.com 12/8/2020 18:04 approved Mike Dalbey Mtpd7904@gmail.com 12/8/2020 16:29 approved Peter Brake pbrake@cmcd.org 12/8/2020 16:19 approved Diane Lynch dtlynch@comcast.net 12/8/2020 16:08 approved Scott Baxter madpoodle@aol.com 12/7/2020 20:57 approved Mary Bachelor mabachelor@comcast.net 12/7/2020 20:04 approved hunter harrison hunter@davisgroupga.com 12/7/2020 19:54 approved Linnea Chasse linneachasse@yahoo.com 12/7/2020 15:55 approved christopher davis chris@davisgroupga.com 12/7/2020 15:11 approved Robert Crown bobbyacrown@me.com 12/7/2020 13:46 approved Richard Eckstein richardeckstein239@gmail.com 12/7/2020 13:30 approved Barbara Pezzuto Basha324@msn.com 12/7/2020 12:30 approved J K realestatesouthwestflorida@gmail.com 12/7/2020 12:25 approved aaron zwiefel azwief@gmail.com 12/7/2020 12:18 approved C Kaufman Clk_ny@yahoo.com 12/7/2020 12:17 approved Bryan Bo Bryanbo79@yahoo.com 11/26/2020 8:28 approved Anita Jenkins anita.jenkins@colliercountyfl.gov 11/24/2020 17:12 approved Sharon Umpenhour sumpenhour@hotmail.com 11/24/2020 16:00 cancelled by self 9.A.2.g Packet Pg. 334 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Petitions:PL20190002355, Immokalee Road/4th Street N.E. Mixed Use Subdistrict and;PL20190002356, Randall Curve MPUD Rezone December 9, 2020 Neighborhood Information Meeting (NIM) 9.A.2.g Packet Pg. 335 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street •Richard Yovanovich, as trustee and not individually –Applicant •Richard D. Yovanovich, Esq., Land Use Attorney –Coleman, Yovanovich & Koester, P.A. •D. Wayne Arnold, AICP, Professional Planner –Q. Grady Minor & Associates, P.A. •Mark Minor, P.E., Professional Planner –Q. Grady Minor & Associates, P.A. •James M. Banks, PE, Traffic Engineer –JMB Transportation Engineering, Inc. •Marco A. Espinar, Environmental Planning/Biologist –Collier Environmental Consultants, Inc. 2 Project Team 9.A.2.g Packet Pg. 336 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street 3 Location Map 4thSt. N.E.4thSt. N.E.9.A.2.g Packet Pg. 337 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street 4 Area Location Map Randall Curve MPUD and Immokalee Road/4th St. N.E. Mixed Use Subdistrict Estates Shopping Center CPUD and Estates Shopping Center Commercial Subdistrict 9.A.2.g Packet Pg. 338 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street Existing Future Land Use (FLU):Rural Golden Gate Estates,Estates Designation,Mixed Use District,Residential Estates Subdistrict Proposed FLU:Rural Golden Gate Estates,Estates Designation, Mixed Use District,Immokalee Road/4th Street N.E. Mixed Use Subdistrict Current Zoning:E,Estates Proposed Zoning:Randall Curve MPUD Project Acreage:50.18+/-acres 5 Project Information 9.A.2.g Packet Pg. 339 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street •The proposed Golden Gate Area Master Plan,Rural Golden Gate Estates Sub- Element amendment proposes to establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. •The proposed subdistrict will provide for a variety of retail,office,personal service and residential land uses. •Access to the property will be via Immokalee Road,4th Street N.E.and a vehicular interconnection with the property located immediately north of the subdistrict. •The maximum non-residential square footage permitted is 150,000 square feet.The maximum allowable number of residential dwelling units will be 400. •Proposed rezone from E,Estates to Randall Curve MPUD. 6 Proposed Request 9.A.2.g Packet Pg. 340 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street 7 Proposed MPUD Master Plan 9.A.2.g Packet Pg. 341 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street 8 Conclusion Documents and information can be found online: •Gradyminor.com/Planning •Collier County GMD Public Portal: cvportal.colliergov.net/cityviewweb Next Steps •Hearing sign(s) posted on property advertising Planning Commission (CCPC) and Board of County Commissioner (BCC) hearing dates. •CCPC –TBD •BCC -TBD Contact: •Q. Grady Minor & Associates, P.A.: Sharon Umpenhour, Senior Planning Technician; sumpenhour@gradyminor.com or 239.947.1144 extension 1249 •Collier County: PUDZ -Nancy Gundlach, AICP, Principal Planner; Nancy.Gundlach@colliercountyfl.gov or 239.252.2484 GMPA -Corby Schmidt, AICP, Principal Planner; Corby.Schmidt@colliercountyfl.gov or 239.252.2944 9.A.2.g Packet Pg. 342 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 1 of 21 Richard Yovanovich: You all, we’re gonna go ahead, and get started. My name is Rich Yovanovich, and I am the Attorney representing, Crown Management who is the current owner and developer of the neighbor – the Estates Shopping Center piece of property which is at the corner of Golden Gate Boulevard and Wilson Boulevard, and the purchase – the contract purchaser of the roughly 50-acre parcel of property that’s at the Randall – Northside of – of Immokalee Road at the Randall Curve piece of property that’s currently owned by the County. We’re here tonight to do, the County required neighborhood information meeting that is part of the process for doing a growth management plan amendment and for a rezone of a parcel of property. We are – we are in the process of amending the current Estates Shopping Center growth management plan subdistrict, and the, PUD, planned unit development zoning district that is on that piece of property. And we’ll go through in the details of what we’re doing there. Related to those two petitions is a growth management plan amendment for the 50 acres owned by the County. The parcel will be rezoned to planned unit development well. A condition of our acquiring the property is the successful rezone of the County property and the successful rezone of the property currently known as the Estates Shopping Center. Therefore, if we are unsuccessful either of those, basically, the land will stay as it is currently zoned, uh. As part of the neighborhood information meeting process, we are recording the – we record the meeting. We are having some Zoom participants. So, I – I – I tend to pace. So, if I am– Sharon will bring me back in front of this camera, so there’ll be Zoom participants. We’re gonna – we’re gonna go over both petitions, and then we’re gonna open up for questions or comments. When you do speak if you come up to the microphone so we can catch the recording. Also, you’re not required to, but the Planning Commissioners prefer if you would identify yourself for the record as you – you could be generic and say I’m a resident of Golden Gate Estates near the Estates Shopping Center or I’m a resident of Golden Gate Estates near the Randall Curve property if you don’t want to say your name. But they – they want to know who’s commenting and their relationship to the proposed project so they – they can better 9.A.2.g Packet Pg. 343 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 2 of 21 understand the context of people’s comments. We will try to always say for the record, Rich Yovanovich speaking, and Wayne Arnold will – will do the same for himself. Um, they just wanna know who’s talking so they – they can get a better, understanding. We have – sorry – I want to introduce our team, and then we have some County Representatives here. Actually, when I initially spoke, I’m technically the Trustee that owns the property. I don’t really own the property, but it’s titled in my name, uh. So, I’m – I’m the Applicant on all of these petitions, uh. I’m also the Land Use Attorney on this. Wayne Arnold with GradyMinor is our Professional Planner. His boss is Sharon. He’s been receiving all the correspondence with Sharon. If you have any questions, I’m sure your point of contact will be Sharon or Wayne. But if you have any questions after this meeting, you can contact either of them. Mark Minor’s not here, but he’s a Civil Engineer on the project. Jim Banks is our Transportation Consultant, and Marco Espinar is our Environmental Consultant. We didn’t bring Marco into this meeting because I don’t know that there are really any environmental issues related to either of the petitions. But if, you know, some questions come up, we’ll get back to you on any of those – those questions. As I have – this is – this is the roughly, 60 acres that’s the Estate – Sharon Umpenhour: Forty. Richard Yovanovich: Forty acres, sorry. The 40 acres that’s the Estates Shopping Center property at the corner of Wilson Boulevard and Golden Gate Boulevard, and the top portion is the yellow. That’s the roughly 50 acres that we have under contract with the County, uh. As I mentioned, they’re – they’re related petitions, and I’ve already forgotten to introduce Nancy Gundlach who is a Professional Planner on – which one are you? Which one’s yours, Nancy? Nancy: I’m on the Randall Curve. Richard Yovanovich: She’s – she’s the planner for the Randall Curve property, and James Sabo is on Estates Shopping Center, and I think participating by Zoom is Corby Schmitt. Is he on the Zoom? Female Speaker: Yes, yes. 9.A.2.g Packet Pg. 344 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 3 of 21 Wayne Arnold: And Anita Jenkins. Richard Yovanovich: He – he – who else? Anita Jenkins: And Anita Jenkins. Richard Yovanovich: And Anita Jenkins are both – they are – they are handling the growth management plan amendments, and Anita actually supervises both the, growth management plan staff which is Corby, and the planning staff which is, Nancy and James. If you have questions of any of the County Representatives, they’re – they’re – they’re readily available. You know, I’m sure they have business cards, and if they don’t, they’ll give you their email addresses. And you can, you can contact them with any – any questions you may have, uh. We’re pretty informal. Really what we wanna do is tell you what we have planned with the petitions and then we wanna get your input. We also have representatives from Shy Wolf, who is, gonna be involved in the Estates Shopping Center property. So, if questions come up regarding Shy Wolf, those questions can be answered. I’m gonna turn it over to Wayne to go over the two petitions, and then we’ll answer any questions you may have. Wayne Arnold: Thank you, Rich. So, sure. Thank you. I’m Wayne Arnold as Rich said and here representing both petitions, and there are a total of four. They’re, growth management plan amendment and a rezoning application – Wayne: – for both applications on both sides. So, what we’re gonna do is go through as Rich said both applications together, and then we’ll take questions. We just thought it’d be more efficient than to break and have questions and answers on one and then the other. So, hope you indulge us if you’re here for one or the other as you’re gonna hear a little bit about both because as Rich mentioned they are related. So, the property for the Estates Shopping Center which I’ll go through first is zoned planned unit development. We’re amending that planned unit development. It’s also part of the Estates Shopping Center subdistrict which is growth management category. We’re amending that as well. And it’s – the – the easiest way to summarize our changes is that we are – it’s not – we are –essentially the Estates Shopping Center was approved for 150,000 square feet of 9.A.2.g Packet Pg. 345 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 4 of 21 commercial uses. It also required the first commercial use was going to be the grocery store. We are amending that request to reduce the commercial square footage to 50,000 square feet of general commercial type uses, and then we’re also making provisions for government uses. A whole series of those governmental uses because Collier County will end up with a – a nominal, 10-acre parcel out of the 40-acre piece. And then we’ve made provisions for Shy Wolf and its educational programming and then sanctuary use to be on the Western-most parcel. So, we’ve had to amend the growth management plan language to accommodate those changes as well as our zoning, which lists a very detailed, uses. So, a couple things, we’ve created two new districts out of here, the commercial district is pretty self-evident. It’s going to be right at the hard corner of Wilson and Golden Gate. But the Shy Wolf sanctuary parcel that we’re calling it, we’re calling it a semi-public use. And we’re going back and forth with staff so we may change that terminology, but it allows things like we’ve talked about, animal shelters, arboreta, exhibitions, their educational facilities. We’ve made provisions for them to have single-family residential and dormitory use because they are an educational facility, and they’re incorporation with Florida Gulf Coast or other universities that come and do some research on the animals. So, there will be provisions made for that residential component, that will probably initially utilize the single-family structures on the site for office space and some of the other uses that they have that eventually those, um, would be significantly modified, and they have a true education center established, and – and other structures. But for now, we’ve made provisions for them to have up to eight dwelling units on that property. The County’s parcel which will be the – [inaudible] [00:09:12]. Sorry about that, folks. It’s a little slow, but the County’s public uses, and I know there’s information circulating out there in the Estates about this. So, in the – the growth management plan, then we’ve made a provision for a total of 50 dwelling units. We haven’t been specific as to whether or not those are single-family or multi-family. The County asked us to make provisions for up to 30 units on the 10-acre parcel that they’re obtaining as part of this deal. So, in addition to all the administrative, governmental type facilities 9.A.2.g Packet Pg. 346 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 5 of 21 that we’ve listed here by standard industrial classification codes, we’ve also made provisions for there to be up to 30 multi-family units. The reality is because we have well and septic here, I don’t think it’s realistic that the County’s going to achieve 30 multi-family units on this parcel. We were asked to accommodate that as part of the request; so, we have. I know that that’s been some discussion out there about that, and we’ll be happy to hear those comments. But, again, we’ve also made provisions for single-family on the same parcel because should this deal not go forward, Crown Management that would control it, would then have the option to continue to do single-family that’s permitted by right today. So, it says in our language that the single-family would be subject to the state’s zoning district standards. So, you get what you could have today. So, the master plan that was approved as part of this growth management plan is the exhibit that’s on the screen. It identified all – a large development area and then areas for utility plant site as well as some lights and buffers. So, we are modifying that. The new subdistrict is, generic. This would be an exhibit to the growth management plan which you can see that we have three separate parcels identified as commercial, public, and semi-public. We depict the access points that we’re providing for the project on the master plan as well. The zoning master plan is a little bit more detailed than we showed on the growth management plan exhibit. This again is being modified to take out some of the detail in the footprints that were shown as future buildings on there. It’s going to be revised to be a little bit more generic, but again, the preserve buffer areas get depicted on here. The access aspects are depicted. And again, we’ve identified which parcels would be used for public, semi-public, or the commercial uses that are going to be retained. So, where we are in the process, we submitted a few months ago. We’ve been through a couple rounds of reviews. We’re – we’re required to hold this neighborhood information meeting prior to going to public hearings. So, we don’t have public hearings scheduled yet. But what will happen in this process, it’s a two-step process; we’ll have a transmittal process with the growth management plan assuming that the Board endorses it. They will take both of these, and they’ll say, “We’re ready to transmit the proposed changes.” 9.A.2.g Packet Pg. 347 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 6 of 21 They’ll go to the Department of Economic Opportunity, DEO at the State of Florida. The state gets 30 days to review those changes to determine if there are any state impacts or regional impacts, doubtful that they will weigh in on this, but it’s a part of the process we have to go through. And then after that process, we would then come back in the PUD document, the zoning document would come together with the comp plan amendment. And the Planning Commission would again hear it together, and then that would then be heard by the Board of County Commissioners for final action. And our goal here is that all four of these applications will come together and be heard at the same Planning Commission and Board of County Commissioner meeting since they’re interrelated. We think it makes more sense to be able to tell the whole story and deal with them in one – one time. So, that’s our goal. We don’t have hearing dates established yet, but our goal is to be through the process by June of 2021 which gets us there by – the Board takes a summer recess in July and August. So, our goal is to be completed in this process in June, no later than just next year. So, we think that’s a doable process although we don’t have hearing dates scheduled yet. The round of comments we got from staff were down to some fairly, I think, minor issues that are pretty easy to deal with. So, in a nutshell, that’s – that’s what we’re hoping to achieve, and with that, I’m gonna wrap up this presentation. And, Sharon, if you can bring up the Randall Curve as we’re calling it? It’s really the County’s property that’s at the corner of Randall/4th Street Northeast and Immokalee Road. So, I’m gonna spend a few minutes talking about that process as well. Again, it’s the same team so I’m not gonna through that information. Again, the location at – it’s – everybody calls this the Randall Curve property that’s been around a long time, so. We actually have a Randall Curve PUD that’s part of the process, but our subdistrict for the comp plans that – for the mockup of 4th Street – 4th East subdistrict. Again, this property today is zoned the Estates. It does not have zoning on it that would allow the mixed-use project we’re proposing. It’s also part of the rural Golden Gate Estates. Comp plan does not make provisions for this to be a commercial mixed-use project that we’re proposing. So, we’ve submitted, a new subdistrict that makes provisions for there to be up to 400 residential units on this property 9.A.2.g Packet Pg. 348 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 7 of 21 as well as 150,000 square feet of commercial uses. I’m gonna show you the proposed master plan for the Randall – Sharon Umpenhour: Go back, go back one. There you go. Wayne: – though this is the language that talks about our request. And a couple significant things I’ll talk about is that we’ve made provisions for a large variety of retail uses. I know that there have been several discussions with members of the Estates Civic Association and other, community residents that have talked about the need for services out in this part of the community. So, we’ve made a very broad list of uses that largely are C-4 type uses I would say of the maximum intensity. There could be a couple of others depending on how the County categorizes those that would be C-5 because we’ve made provisions for there to be potential large format retailer or big box store whether that could be a Lowe’s, a Home Depot, a Costco. We’ve made provisions for all of those as part of our request. It doesn’t mean that those are going to be necessarily located there, but we’ve made provisions for them. We also have provisions there for the other types of uses we know people desire which are restaurants and offices and dental offices and things of that nature. So, I would, you know, just to – to know that this is a mixed-use project, Sharon’s there’s something on my screen. It’s – it’s some sort of system update. I don’t know how to remove that. Let’s take a pause for a moment. Thank you. So, this is a proposed master plan that we’ve created for what’s called the Randall Curve PUD. It’s the – this makes use, we have designated areas that are preserve, residential and commercial. C stands for commercial; the R is for residential. Preserve is labeled as such. It is conceptual, but it identifies two primary access aspects on Immokalee Road. We also have a shared access point with the properties to the North that’s going through a similar process that we’re in today. They’re a little bit ahead of us. They’ve had their transmittal of the comp plan portion of their property to the State of Florida. So, we’re – we’re on track to being a couple months behind them. But the residential is sorta central to the site. We have our preserve area that separates us from the 4th Street residential. We have water management system that we have, and we’ve proposed no vehicular 9.A.2.g Packet Pg. 349 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 8 of 21 access to 4th Street Northeast. We would obviously make provisions for pedestrians and bicyclists to enter the site, but we prohibited vehicular traffic from accessing 4th. And we know that was an issue early on. When the County was looking at developing this themselves and we’ve heard that that’s an issue, and we were asked on the property to the North also to remove any access to 4th Street which they have done as well. But you can see on this particular property that the uniqueness of this is when you go out there today, the – at the hard corner of 4th and Immokalee Road, that area’s all the dry detention system for the County that was put in to satisfy the Immokalee Road widening project. So, that parcel is part of the acquisition. We have to take into consideration all of the drainage. So, we are going to have a larger system of either lake or dry detention to accommodate their five acres that they need today as well as the future improvements that they’re planning to make on Randall Boulevard. We have to accommodate some of the additional drainage for them as well in addition to our drainage. So, that’s been one of the unique challenges here, but nonetheless, we’ve accommodated. We can work around that, and we think this could be a very good, viable project. So, again, if we’re in the same process that I just described for you for the other Estates property which was we’re going to have the comp plan transmittal process. We going to have a PUD adoption at the same time that the comp plan would be adopted. And as Rich said, these are kinda bundle projects. One doesn’t happen without the other with the way that this has been structured. Again, no hearing dates have been established, but we are working toward that same June deadline I just described. And hopefully, we can, be there, and like I said before, we’re gonna take questions tonight. If you think of something after we leave here tonight, you’d like to communicate, Sharon has some cards at the back table. It’s easier to email or call her for information. We’re happy to share the presentation tonight with anybody who desires it. All the information’s available on the County’s website through CityView, or if you don’t feel comfortable using that system, Sharon would be more than happy to provide any of the comp plan information as public record or any of the zoning information to you as well. 9.A.2.g Packet Pg. 350 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 9 of 21 So, Rich, I don’t know if I left anything out, but I’m – I’m happy to answer questions. I will say one thing that one of the changes we did make on Estates that I failed to mention, we did even though we reduced the intensity of commercial from 150,000 – 50,000 square feet, we did add back end-use that we didn’t have previously, and those were medical offices. We made provisions for medical offices and veterinary clinics that were something that was, desired by some folks who’ve been interested in the Estates. So, we’ve added those uses, and we think they’re pretty benign uses overall and probably things that anybody who lives in that part of the community would probably utilize. So, with that, I’m gonna stop, and we’re gonna – do you wanna take the Zoom callers first, Rich? Richard Yovanovich: Let’s take people that are here first, and then, yeah. Wayne: Do the audience, okay, so, anybody who’d like to speak as Rich mentioned, you don’t have to give us your name if you don’t feel comfortable, but the Planning Commission wants to know if you’re part of our team’s feed or if you’re a resident. So, if you feel comfortable saying you’re a resident that way at least when the transcript gets created, they realize it’s not Wayne or Rich or Sharon or Jim talking, so. Anybody with questions, please, feel free to come up and use the microphone. We can sanitize it between its use, and –yes, ma’am. Come on up. Phyllis: Phyllis Lit – Phyllis Litka, the 2nd Street Northeast, um, all of this involves even though I live out that way on part of the curve, um, I’d like to know, the low-income housing that you wanna put in on 10 acres, that’s like four of my neighbors, how are you going to put 30 units? And when you say low-income, what are we talking? Wayne: Well, that – the low-income reference is not a term we use. Our language says essential service personnel that’s actually in the document, and – Phyllis: Okay, on – on my form, that’s what it says [inaudible] [00:21:23]. Wayne: – and I – I don’t know that that’s our letter that said affordable housing. Richard Yovanovich: Can I see that? Do you mind? 9.A.2.g Packet Pg. 351 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 10 of 21 Phyllis: Sure, yeah, absolutely. Wayne: Our language says essential service personnel, and that’s a term that the County’s recently started using to refer to first responders, teachers, nurses, county employees, people like that, who are essential service personnel in our community that seem to be priced out – out of the housing market. Phyllis: Yeah, I can understand that. Wayne: As I mentioned before, the 30 units is the number that the County asked us to provide. If it’s going to be multi-family housing, I – our – our opinion is just doesn’t work because of the septic system requirements. Phyllis: Right. Wayne: So, I don’t know that the County realistically is going to achieve 30 of those units in the – in the configuration of multi-family, but again, Rich, I don’t know you wanna add any more. But we were asked to include it; so, we did. Richard Yovanovich: Yeah. I – a – as part of this process, obviously – yeah, you can sit right there. I’m sorry. As – as part of this process, obviously, we – we had to coordinate with the County because they’re getting the 10 acres, and we – we basically said, “What would you like us to include on your property?” So, the County gave us their list of requested uses. I have been doing this for a while so I kinda figured when the County said they wanted to put 30 units on a 10-acre piece of property that basically can have four under the current state zoning, I thought that was, gonna meet some resistance from the residents of the Estates. And I said, “I’m happy to include it, but you need to be at the neighborhood information meeting to defend it.” And, I don’t think there’s anybody here from the County to address that. I don’t think Nancy or James are – are – are – they were not the people I spoke to, uh. So, the – the – Wayne is correct. What you received, eh – we are not proposing low-income housing. I don’t know who sent that out. We are – we are proposing essential service personnel – the 9.A.2.g Packet Pg. 352 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 11 of 21 County’s proposing essential service personnel housing, which is exactly what Wayne says, firefighters, teachers. But the number of units and the request for that use came from Collier County, uh. I think Commissioner McDaniels was on his way to this meeting. I just texted him to find out where he is, but he’s – he is on his way. If he doesn’t make it here before we get gone, I’m sure he’ll read the record. But I – I think there’s others here who also, have concerns about that use. So, we will obviously communicate that to County staff and, will follow their direction whether to remove that, um, request or not. But obviously, I know that’s – I knew that was gonna be an issue before I even submitted the document, so, with any more questions? Wayne: This is Wayne. Can I just read you the language that’s actually in the PUD document under public use? It says, “Essential service personnel housing not to exceed 30 units subject to develop standards for RM-6 zoning which would be the land development code.” So, that is what’s in the actual document. There’s also a provision for there to be multi-family units which was meant to implement that essential service personnel housing. But there are as Rich mentioned, there’s also a provision in there for single-family homes which is what could be there on that [inaudible – crosstalk] [00:24:53]. Richard Yovanovich: Right, and – and Tim’s okay. Tim and I had a conversation about this very issue twice, and – and I told him the reason we put single- family houses in there is if for some reason Shy Wolf does not close on their piece of property or the County decides they wanna develop it as the common state lots, we just wanted that as – as – as also an option. So, I mean, that clearly Tim would have an issue with that. I hope nobody else has an issue with that piece. Wayne: Thank you, any other comments, or questions? Tim: Tim Wallen, 111, 3rd Street Northwest, uh. We’re adjacent to the 40-acre, uh. As you guys know, we’ve been involved with this for 12 years now. So, when we started talking with Bob and, Shy Wolf and about the swap of the property, it seemed like, it was something real good for everybody in the community, for both sides, um. Again, the multi-unit, it would have to be low-income because they’re gonna be like 200 square feet if they put ‘em there. Um, you know, when we first started doing this, we discussed 9.A.2.g Packet Pg. 353 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 12 of 21 services from the County whether it be post office, police substation, some, you know, tag agency. I know it’s right across the street right now or some sorta County presence that – that’s needed out here, not housing. Housing just seems really stupid. The intersection is already stressed. Anybody that comes from the East traveling West to go there in the – to go to work in the morning, it – it’s already a nightmare trying to get through Wilson Boulevard. To put all those cars and all that right there is a huge problem, again, septic and water. I think everyone else is – everybody’s probably pretty comfortable with, but, you know, for the record, the – the multi – the multi-housing is – is – is definitely a – a killer. Male Speaker: Okay. Male Speaker: You know, it’s if – so I can just put it on the record, can I just get a show of hands how many people are opposed to putting that multi- family on that piece of property. Male Speaker: So, I’m just gonna count the number of – one, two, three – Female Speaker: All of us. Female Speaker: Eleven. Female Speaker: So, [inaudible – crosstalk]. Male Speaker: So, I would say, if there’s 11 – there’s 11 people present, and I think every one of them are not related to our team or Shy Wolf. So, I would say that pretty much everybody, is opposed to that. I just wanna – I just wanna put that on the record. So, both whoever reads the transcript knows so you all don’t have to come up and repeat yourselves. Or you’re welcome to come up anytime you want, but I just wanted to save some people some effort. Any other questions, comments before we go to people on Zoom? Jeff Curl: Yeah, for the record, Jeff Curl, um. I live actually off Desoto, but I do traverse Wilson and Golden Gate Boulevard quite a bit. I’m just wondering if the County has any intentions of doing rotaries at Wilson/Golden Gate Boulevard. That seems to be there brand-new, um, FDOT experiment and then how you guys would see traffic West of this intersection, and this 9.A.2.g Packet Pg. 354 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 13 of 21 may be more of a Jim question with maybe left turns, right turns coming out, signals expansions, turn lanes, and maybe a U-turn or two through the median. Um, I’m assuming you – you’re gonna remember from your time out there, too, Jim, um, that to the previous gentleman’s point that traffic through there at rush hour’s an absolute nightmare. Jim Banks: Yeah, right now, the only traffic signal’s – Jim: Well, my bill is still extra, but okay. Jeff: You didn’t sanitize this [inaudible – crosstalk] [00:29:06]. Jim: Maybe I can step way back here. Jeff: I’m gonna get the COVID. Jim: so, anyhow, to answer Jeff’s question, you know, obviously, the intersection at Wilson and Golden Gate is currently signalized – Jeff: Right. Jim: – there’s not enough separation between the E-western-most boundary of the property which is on 3rd Street to have a traffic light at that location. So, we will not have another traffic light service development, but that is one of the reasons that the commercial is in the corner of that – of that intersection now. And the lower intense uses are further to the West which will – it’s our interpretation will not warrant a traffic signal, at those – at those intersections. But, yes, when we’re going to the site development phase, we’re gonna have to look at extending some of those left-turn lanes to provide for U-turns and that type of thing, mostly for the commercial uses. So, there will be some upgrades there in that general vicinity to accommodate additional turning moves they’re gonna – but I do wanna point out that what is being proposed today is actually gonna generate substantially less traffic than what was previously approved. So, with this application, traffic demands from this 40 acres is going to be substantially reduced versus if it’s developed then with the 150,000. Jeff: So, this is gonna dovetail into our previous – 9.A.2.g Packet Pg. 355 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 14 of 21 Sharon: Can you guys hold on a second? Um, Jeremy, the Zoom participants aren’t able to hear Jim. [Crosstalk] Jim: Okay. Sharon: Go ahead. Jeff: So, that also brings back to your point about multi-family and increasing the density at that site with residential, I think that’d be another, you know, point raised when we [inaudible – crosstalk] [00:30:51]. Jim: Well, I – I would submit to you that I don’t think all the – all the uses that are being proposed could all fit on the 40 acres so some things gotta give. Jeff: Yeah, and I think I’m honed in on that essential service kind of the boondoggle that we keep talking about here tonight, um. Jeff: No, I just – the County’s trending, eh – again, FDOT getting a pave- type deal with rotaries and things like that to – to push traffic through quickly, you’re talking about two lights that are fairly close together, um. And so, yeah, perhaps they’re gonna keep that sequencing with each directional rush hour push, morning and at night, but, uh. I didn’t know if there were any preliminary discussions. Jim: As far as I know, they’ve got no plans to put a traffic circle there at that intersection. I don’t even think they have the right of way to do it, um. Jeff: I wouldn’t think with E’s there on the corner either, but. Jim: Right, so, but not – my interpretation is we will not see a round- about at that intersection. Jeff: Okay. All right, thank you, gentlemen. Male Speaker: Thank you, Jeff. Wayne: So, I guess without moving – 9.A.2.g Packet Pg. 356 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 15 of 21 Rich: Anybody else here that wants – yes, sir, come on up. Female Speaker: Wayne? Wayne: Yeah, I have sanitized the microphone [inaudible] getting COVID. Sharon: Sorry. I’ve already had it, so I don’t have to worry about it. [Crosstalk] Dave: My name is, Dave Meffin, um, 127th Street Northwest, and, so, even though it’s not right next to my neighborhood, it’s pretty close. And, I just, you know, I – I agree with this gentleman down here, but, um. I just wanna know anybody in our neighborhood who would be in favor of that. I mean, if you can find 10 people, I’d be happy. Wayne: You’re speaking about this essential service housing? Dave: Yes. Wayne: Okay. I – I think as Rich said, the show of hands was pretty unanimous that, those in attendance certainly aren’t supportive – Dave: I mean, if we had more time, and we could, you know, word of mouth a little more, we could get a thousand people in here; a thousand hands would be up, so. Wayne: Well, I – I have a little experience on this use of property, and I know you can get a lot of people out, right, sir? So, I – we – you know, we understand that will communicate to the County the, uh – the, unanimous opposition for those who are here to – including that multi-family housing, and I’m sure from watching James write that down right now, so. I’m sure that will be communicated to the powers that be, the County. Anybody else, anybody else here who wants to come up and speak before we go to those on Zoom? Laura: Hi, my name is Laura, and I’m a resident of the Estates. And, okay, that 10 acres, I’m like, “Why not make it a park? Why not make it something fun? And if you need to add a post office to it, you know, 10 acres is a good size, but we don’t really have enough free area out on the Estates for, you know, like kids’ playgrounds, stuff like that. They have plenty of it in the city. And so, I’m like, “Forget about that. Put it on that little 4th Street there. Well, we don’t wanna it there either, so, the essential service.” So, I’m just wanna make 9.A.2.g Packet Pg. 357 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 16 of 21 sure that my vote is no, and I’m just emphasizing that. Wayne: Okay, and just for you know to ma’am, this is Wayne Arnold for the record, but we include parks as one of the uses for the County parcel. It’s just – Laura: Okay. Oh – so, who decides once – Wayne: The County Commission ultimately will decide what use it would be there, but I think it’s pretty clear tonight the direction it’s headed with regard to the housing. Laura: Okay, thank you. Wayne: Thank you. Richard Yovanovich: I wanted to make two points, one, Commissioner McDaniels just entered the room, uh. Comm’r McDaniels: How’s everybody doing? Richard Yovanovich: And, just to recap, um, everybody in this room is opposed to essential service personnel housing, that 30 units on the County’s parcel in the Estates. Male Speaker: At Wilson – at Wilson and the Boulevard? Richard Yovanovich: Yes, yes, yes. Comm’r McDaniels: So, noted. Richard Yovanovich: I just want – wanted to make sure you’re aware of that. Female Speaker: We raised our hands. Richard Yovanovich: And – and it just – and it just – just kinda going back a little bit of history, you know, on the Estates Shopping Center parcel, that – that – the hard corner piece set between 1st and – and Wilson was formally a neighborhood center where commercial was supposed to go in the first place. So, we’re kinda going back to pretty much the original plan of – of Golden Gate Estates, by going through this process. And with that, any more questions or comments before we go to Zoom, participants? 9.A.2.g Packet Pg. 358 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 17 of 21 Wayne: Okay, going to Zoom, Sharon, you wanna go ahead and call names and see if we have any questions on Zoom if they raised their hand? Sharon: Um, if they speak, they can raise their hand; I can unmute them. Wayne: If you have a question or comment you’d like to make and you’re on Zoom, if you’d raise your hand if you – if you know how to hit that icon, and then Sharon will unmute. And we will be happy to let the rest of the crowd hear what you have to say. Richard Yovanovich: All right. How many – how many Zoom participants? Wayne: The question is how many Zoom participants do we have? Sharon Umpenhour: Fourteen but two are County staff, um. Wayne: So, we have 14 total Zoom participants and two of which are County. Richard Yovanovich: Anybody raising their hand? Sharon Umpenhour: No, but if you wanna ask them if they just – if someone wants to ask a question to unmute and ask a question. Wayne: Okay, so – so if you have a question, do – can you unmute, and then we’ll know that you do have a question? Sharon Umpenhour: It doesn’t look like anyone has a question. Wayne: I – I don’t – I don’t see anybody raising their hand or unmuting. So, I take it that none of our Zoom participants at this moment have question or comment, so. Anybody else in the room, Mr. Wallen, do you have a question? Richard Yovanovich: Wayne? Wayne, do you wanna, see if everybody on the Zoom call is opposed to the 30 units as well? Is there a way to find that out? Sharon Umpenhour: Oh, Scott Baxter has his hand raised. Wayne: We have, Scott Baxter, you have your hand raised. Do you wanna unmute and ask your question or make your comment? Scott, I’m not hearing ya. It looks like you’re still muted on our end. Sharon Umpenhour: You still – you have to unmute, Scott. There you go. 9.A.2.g Packet Pg. 359 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 18 of 21 Wayne: There you are. Scott Baxter: – unmute, I’m not sure if it’s working or not. Wayne: We hear ya. Scott: Okay. Um, I’m trying to – you know, you’re talking about putting 30 units on 10 acres. So, to be generous, we’re only gonna have three units per acre because then there will be no streets, no buffers, no sidewalks. Everybody that’s [inaudible] [00:37:47]. However, this property was promised as a park. Is that not in here? Male Speaker: It is not a park. Wayne: Today it is not a park. It is zoned for a commercial shopping center. Scott: I understand that. Is the property staying – I thought this property was promised to us as a park. Wayne: It – it – I’ll let Rich address that for you. Richard Yovanovich: Yeah. For the record, Rich Yovanovich, actually, what – what the property exchange agreement says is we would give the County the 10 acres. The County would then decide what it wanted to put on the property, and obviously, a park is an option and other government services is an option. To the list, the uses we got for this 10 acres came from Collier County. And this – the purpose of this meeting is for the community who – to give their input back to all of us about what we’re asking for as part of this PUD. And I assume you’re like the other members that are present that you oppose the multi-family option on that 10- acre piece. Is that correct? Wayne: Scott? Richard Yovanovich: Scott, can you – move? Scott: [Audio cuts out] [00:39:05] – Male Speaker: Broke up. Male Speaker: Breaking up. 9.A.2.g Packet Pg. 360 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 19 of 21 [Crosstalk] Female Speaker: He said he’s opposed. Richard Yovanovich: Okay. Wayne: Scott? Any other comments, Scott, or should we – anybody else on Zoom? Male Speaker: Yes, an upgraded Wi-Fi. [Crosstalk] Wayne: try again one more time. You’re still a little muddled. Anybody remember when you had antennas on your TV, and you had to smack it or stand like this? [Crosstalk] Is there anybody else on – on Zoom that – that wants to, um, speak? Sharon Umpenhour: Maggie Kemp. Richard Yovanovich: Maggie Kemp, it looks like. Wayne: Maggie Kemp, you’re up. Maggie Kemp: Hi, I just wanted to also voice my opposition to putting in low- income housing on such a small space, seems like the County seems to be forgetting about the residents and the impact on the residents that are around these projects. Wayne: Okay, thank you. Anybody else wanna make any comments on Zoom? Richard Yovanovich: Susan Risner – Rissen. Wayne: Susan, you’re up, Ruse – Rusing. Am I close? Sharon: No, she’s not on. Richard Yovanovich: She’s unmuted. 9.A.2.g Packet Pg. 361 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 20 of 21 Wayne: She unmuted. I just didn’t know if she wanted to speak or not. Sharon: She’s not got audio. Rich: Okay. Wayne: Oh, okay. anybody else on Zoom? Okay, one more go-round in here, anybody else wanna say anything? Phyllis: It’s me again, Phyllis Litka, question on the Curve. The 400 units, are those houses, or are those apartments? Wayne: They – they – they will be – we make – we’d make provisions for both, but it – it’ll be a multi-family, more likely a multi-family product. Phyllis: Okay. Wayne: It could be condos. It could be apartments. We – we don’t have that final decision yet. Phyllis: Okay. And when – next question, you said something about 4th ‘cause I live on 2nd, so, yeah, it’s the next street. So, 4th, they will not be able to come through 4th where they were gonna make that street, you know, behind all of, um, the storefronts? Richard Yovanovich: The, yeah, for the record, Rich Yovanovich, we – we – we – in the Curve property, the 50 acres were talking about tonight, there is absolutely no access on 4th other than we will make provisions for bicyclists or pedestrians that are coming up and down 4th but no cars will have access. Phyllis: Well, one of the other meetings that I was going to – had gone to, they were going to make a road. Yeah, mm-hmm, mm-hmm. Richard Yovanovich: And that – that was I think Wayne was involved in that one. It was the property to the North, um. Wayne: No – they no longer have access. That project removed their – any access and it’s prohibiting to have access to 4th. Phyllis: Oh, thank you. Okay, that’s why you should go to meetings. Wayne: We appreciate you coming. 9.A.2.g Packet Pg. 362 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 21 of 21 Richard Yovanovich: Anybody else? Tim: I – I was just gonna – I was just curious who the two County people were. Wayne: Mr. Wallen, Tim, why don’t you come forward? Sharon: You need to speak into the microphone, please. Richard Yovanovich: I’ll say it for you. Mr. Wallen wanted to know who the two County people were on the phone, and it was – I think I said it earlier, Anita Jenkins who is, Zoning Director, and, Corby Schnitt who is the Growth Management Reviewer – Plan Reviewer for this project. Those are the two County. Yes? Sharon: Actually, it’s Michelle Mosca for Anita. Richard Yovanovich: Okay, well, Michelle Mosca who, also is in Growth Management is sitting in for Anita Jenkins, and, she’s been with the County for quite a while and is familiar with the comprehension plan. Anybody else? All right, well, we thank you for coming and I hope everybody enjoys their holiday season and stay safe. Thank you. [End of Audio] Duration: 44 minutes 9.A.2.g Packet Pg. 363 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 364 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.gPacket Pg. 365Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use 9.A.2.g Packet Pg. 366 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 367 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) 9.A.2.g Packet Pg. 368 Attachment: 07_Backup Material (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) August 17, 2021 9.A.2.h Packet Pg. 369 Attachment: 08_CCPC-BCC Hybrid Meeting Waiver (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use Subdistrict) From: John Pelletier <jpelltwc@comcast.net> Sent: Tuesday, September 28, 2021 10:54 AM To: KlucikRobert Cc: MedinaJosephine; GundlachNancy Subject: October 7th Planning commision Randall Curve 47 acre rezone 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 Commisioner Klucik, I hope all is well during these covid times. My name is John Pelletier and I live at 2961 4th Street Northeast, the street that is directly to the west of this property. I spoke to Mrs. Medina from collier staff yesturday(cc on this email) and she was very kind to send me the minutes from the neighborhood meeting on this rezone proposal, which was held in December 2020. I completely missed the advertisements and the meeting itself. What I read in the minutes is that no one that attended the meeting was in favor of the 400 unit residential proposal. I am opposed as well. When the neighbors on 4th street NE fought to shut down the "bus barn" proposal we were happy that we were finally getting what I called "pleasant amenites", so we agreed commecial development was going to be put on this property, which is considered to be the central hub of the Golden Gate Estates area now. A plan to build multilevel buildings such as the apartments at the 400 unit project at The Point is not conducive of our area and will turn this area into a metropolitan look. I would ask that you respectfully consider the following on our districts' behalf: 1. Either eliminate or seriously reduce this 400 unit apartment proposal. By reduction, I mean making the buildings no larger that two floors. Even a big box store would fit better than those 5 story buildings at Immokalee and 951 intersection. 2. Suggest that the owner enhance the proposed "preserve area" that will abut our street. I am gratefull they will keep natural vegetion there but it cleary will not suffice in buffering this project. Proposing to add native trees and shrubs such as live oak 10' oc and cocoplum/wax myrtle shrubbery would be my suggestion. 3. If possible request another Neighborhood information meeting to get further input from community, the last meeting was tagged up with another commercial project off of Wilson blvd and was confusing as to what project the comments were directed towards. I hope that you would consider this in your comments at the Octobers meeting on my and the other families the reside on this street's behalf. We have been excited that we will have some amenities soon but we hope that development fits into the low key feel that I personally have enjoyed for nearly 30 years Thank you for considering and leading us, John and Jennifer Pelletier Cell 2398257087 if you have time to discuss further 9.A.2.i Packet Pg. 370 Attachment: 09_Public Correspondence CCPC Adoption Hearing (20057 : PL20190002355 - Immokalee Road/4th Street N.E. Mixed Use 10/07/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.3 Item Summary: PL20190002356 PUDA, Randall Curve MPUD - 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 Randall Curve MPUD, to allow development of up to 400 dwelling units and 150,000 square feet of commercial development, except public uses and group housing are not subject to the maximum gross floor area limitations. The subject property is located on the northeast corner of Immokalee Road and 4th Street N.E., in Section 22, Township 48 South, Range 29 East, consisting of 50± acres; and by providing an effective date. (Companion Item PL20190002355 Immokalee Road Commercial Subdistrict GMPA and PL20190002354 Estates Shopping Center PUDA) [Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner] Meeting Date: 10/07/2021 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 09/13/2021 4:48 PM Submitted by: Title: – Zoning Name: Mike Bosi 09/13/2021 4:48 PM Approved By: Review: Planning Commission Diane Lynch Review item Completed 09/13/2021 9:58 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 09/15/2021 3:07 PM Zoning Ray Bellows Additional Reviewer Completed 09/15/2021 4:06 PM Zoning Mike Bosi Zoning Director Review Completed 09/20/2021 5:07 PM Growth Management Department James C French GMD Deputy Dept Head Completed 09/20/2021 8:10 PM Planning Commission Edwin Fryer Meeting Pending 10/07/2021 9:00 AM 9.A.3 Packet Pg. 371 PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 1 of 25 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: OCTOBER 7, 2021 SUBJECT: PUDR-PL20190002356, RANDALL CURVE MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) (COMPANION TO GMPA-PL20190002355, IMMOKALEE ROAD COMMERCIAL CENTER SUBDISTRICT GROWTH MANAGEMENT PLAN AMENDMENT (GMPA) AND PL20190002354 ESTATES SHOPPING CENTER PUD _______________________________________________________________________________ PROPERTY OWNER/AGENTS AND APPLICANT: Property Owner: Collier County a Political Subdivision of the State of Florida 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Agents/Applicant: Agent/Applicant/Contract Purchaser: D. Wayne Arnold, AICP Richard Yovanovich, as trustee and not Q. Grady Minor and Associates, P.A. individually 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs, FL 34134 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance 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 Estates (E) Zoning District to a Mixed-Use Planned Unit Development (MPUD) Zoning District for the project to be known as Randall Curve MPUD, to allow the development of up to 400 dwelling units, group housing for seniors, and 150,000 square feet of commercial development, except public uses and group housing are not subject to the maximum gross floor area limitations, and by providing an effective date. 9.A.3.a Packet Pg. 372 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 2 of 25 9.A.3.a Packet Pg. 373 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 3 of 25 9.A.3.a Packet Pg. 374 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 4 of 25 9.A.3.a Packet Pg. 375 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 5 of 25 GEOGRAPHIC LOCATION: The subject property, consisting of 50.18± acres, is located on the northeast corner of Immokalee Road and 4th Street N.E., in Section 22, Township 48 South, Range 29 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to rezone 50.18 acres from Estates (E) to a Mixed-use Planned Unit Development (MPUD). The MPUD will allow up to 400 dwelling units, group housing for seniors, and 150,000 square feet of commercial land uses including all permitted uses and conditional uses in the C-3 Zoning District and limited C-4 uses. The C-4 uses include motor freight transportation and warehousing (mini and self-storage warehousing only), car washes, medical and dental laboratories, and nursing and professional care facilities. The public uses and group housing will be not subject to the maximum gross floor area limitations. See Attachment A–Proposed PUD Ordinance. This is a companion item to GMPA-PL20190002355, Immokalee Road Commercial Subdistrict GMPA. The Master Plan, located on the previous page of this Staff Report, depicts the area of proposed commercial development, vehicular circulation, preserve, and water management areas. The Master Plan also shows that 17 acres will be commercial area, 19.5 acres will be residential, 1.0 acres will be public, 1,57 acres will be dedicated to 4th Street N.E. right-of-way, 2.8 acres will be water management, 1.71 acres will be buffers, and 6.6 acres will be preserve. A minimum of 30% open space will be provided. To the north of the subject PUD is the BCHD1 Commercial Planned Unit Development (CPUD), recently approved for 200,000 s.f. of commercial development. There is a proposed vehicle/pedestrian interconnect between the two PUD’s. To the east of the PUD is Immokalee Road and then Orange Tree PUD, developed with single-family residences. To the south of the PUD is Orange Tree PUD, developed with a commercial shopping plaza. To the west of the subject PUD, is 4th Street N.E. and then the Estates, which is mostly developed with single-family residences. The proposed PUD boundary setbacks are 25 feet from Immokalee Road, 25 feet from the BCHD1 CPUD boundary to the north, and 75 feet from the western N.E. 4th Street (Estates) boundary. The petitioner proposes a maximum zoned height of 45 feet and an actual building height of 55 feet. There is a proposed 20-foot wide Type D Landscape Buffer (trees 25 feet on center and a 2-foot tall hedge) along Immokalee Road and 4th Street N.E. There are 12 proposed deviations related to group housing, facilities with fuel pumps, street system requirements, sign regulations, fences/walls, and sidewalks/bike lanes/pathways. For further information, please see the Deviation Section of this Staff Report located on page 17. SURROUNDING LAND USE AND ZONING: North: Undeveloped commercial land with a zoning designation of BCHD1 CPUD, a 19.13 acre PUD consisting of 200,000 square feet of commercial land uses 9.A.3.a Packet Pg. 376 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 6 of 25 East: Immokalee Road, a six-lane arterial roadway and then developed single-family residential with a designation of Orange Tree PUD, a 2,138.76 acre PUD consisting of 332,000 square feet of commercial land uses and 3,150 residential units at 1.5 dwelling units per acre South: Developed land with a commercial shopping plaza with a zoning designation of Orange Tree PUD, a 2,138.76 acre PUD consisting of 332,000 square feet of commercial land uses and 3,150 residential units at 1.5 dwelling units per acre West: 4th Street N.E., then undeveloped and developed single-family residences with a zoning designation of Estates (E) AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone and upon adoption of the companion item GMPA-PL20190002355, Immokalee Road Commercial Subdistrict GMPA, the PUD Rezone can be found consistent with the Future Land Use Element (FLUE) of the GMP. Subject Site 9.A.3.a Packet Pg. 377 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 7 of 25 Transportation Element: Transportation Planning staff has reviewed the petition and recommends the following: Policy 5.1 of the Transportation Element of the GMP states: “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard (LOS) within the five-year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” Staff finding: In evaluating the Randall Curve MPUD, staff reviewed the applicant’s Traffic Impact Statement (TIS) dated (revised) October 27, 2020, for consistency using the applicable 2019 and current 2020 Annual Update and Inventory Reports (AUIR). According to the PUD document and noted above, the applicant is requesting a maximum of 400 residential units and 150,000 square feet of commercial retail and office uses. The TIS provided with the petition notes that the residential use is based on 400 multi-family units, it further states that single- family units are also proposed however the total number of residential trips shall not exceed 203 PM peak hour trips consistent with 400 multi-family units trip generation. Staff has evaluated the TIS and found that the scenario presents an accurate trip generation calculation, reasonable trip distribution on the surrounding network, and reflects a reasonable development potential for the proposed PUD. The PUD document establishes the total trip cap commitment in Exhibit F, “Developer Commitments,” Transportation 3.a., with a maximum of 753 two-way, average weekday PM peak hour trips. According to the TIS, the project impacts the following County roadways: 9.A.3.a Packet Pg. 378 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 8 of 25 Existing Roadway Conditions: Roadway/ Link # Link Location 2019 AUIR LOS P.M. Peak Hour Peak Direction Service Volume/Peak Direction 2019 AUIR Remaining Capacity Projected P.M. Peak Hour/Peak Direction Project Traffic (1) 2020 AUIR LOS 2020 AUIR Remaining Capacity Immokalee Road 44.0 Collier Boulevard to Wilson Boulevard D 3,300/East 362 90/EB E 95 (2) Immokalee Road 45.0 Wilson Boulevard to Oil Well Road D 3,300/East 476 188/EB D 525 (2) Immokalee Road 46.0 Oil Well Road to SR 29 C 900/East 288 19/EB C 242 Wilson Boulevard 118.0 South of Immokalee Road B 900/South 549 98/NB B 550 Randall Boulevard 132.0 Immokalee Road to Everglades Boulevard D 900/East 64 53/WB D 7 (3) Randall Boulevard 133.0 Everglades Boulevard to Desoto Boulevard C 900/East 248 14/EB C 235 Oil Well Road 119.0 Immokalee Road to Everglades Boulevard C 2,000/East 808 80/EB C 633 Oil Well Road 120.0 Everglades Boulevard to Desoto B 1,100/East 526 51/EB B 518 Everglades Boulevard 135.0 South of Oil Well Road C 800/North 339 26/NB C 324 1. Source for P.M. Peak Hour/Peak Direction Project Traffic is from October 27, 2020, Traffic Impact Statement provided by the petitioner. 9.A.3.a Packet Pg. 379 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 9 of 25 2. Road segment with projected deficiencies based on growth or trip bank calculations. The trips generated by this development are not projected to exceed existing capacities Peak Hour/Peak Direction and meet GMP criteria. 3. This segment has a projected deficiency due to background conditions. There is also a scheduled road improvement from Immokalee to 8th Street as well as intersection improvements at Immokalee and Randall that will increase capacity. Staff notes the following: Section 163.3180 of the Florida Statutes requires a local government to satisfy transportation concurrency requirements if the applicant enters into a binding agreement to pay or construct their proportionate share. The Statutes further state that any facility determined to be transportation deficient with existing, committed, and vested trips, plus additional projected background trips from any source other than the development project under review, and trips that are forecast by established traffic standards, including traffic modeling, consistent with the University of Florida’s Bureau of Economic and Business Research medium population projections, without the project traffic under review, the costs of correcting that deficiency shall be removed from the project’s proportionate-share calculation and the necessary transportation improvements to correct that deficiency shall be considered to be in place for purposes of the proportionate-share calculation. The improvement necessary to correct the transportation deficiency is the funding responsibility of the entity that has maintenance responsibility for the facility. The development’s proportionate share shall be calculated only for the needed transportation improvements that are greater than the identified deficiency. In addition, per the Statute the applicant is eligible for a dollar-for-dollar credit for the road impact fees anticipated for the development. The applicant's TIS concurrency backup material indicates one roadway (Randall Boulevard) will be projected deficient due to background traffic trips. As noted above, road segments in this category (deficient due to background traffic) are the funding responsibility of (in this case) Collier County. Further, the impact fees collected by the project will compensate for the project impacts, specifically for the fair share portion required, consistent with State Statues. Staff also notes that Vanderbilt Beach Road is a scheduled road improvement as a parallel facility to Immokalee Road, and part of network improvements that may also positively impact Randall Boulevard. Policy 7.1 of the Transportation Element of the GMP states: “Collier County shall apply the standards and criteria of the Access Management Policy as adopted by Resolution and as may be amended to ensure the protection of the arterial and collector system’s capacity and integrity.” Staff finding: This development is proposing two access locations on Immokalee Road that meet access management spacing requirements. Operational impacts will be addressed at the time of the first development order Site Development Plan (SDP) or Plans and Plat (PPL). Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. Policy 9.3 of the Transportation Element of the GMP states: 9.A.3.a Packet Pg. 380 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 10 of 25 “The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The LDC shall identify the circumstances and conditions that would require the interconnection of neighboring developments and shall also develop standards and criteria for the safe interconnection of such local streets.” Staff finding: The Land Development Code (LDC) requires the applicant to create an interconnected street system designed to disperse and reduce the length of automobile trips (4.08.07.J.3.a.iii). The proposed Randall Curve Master Plan shows interconnection to the north, consistent with the approved BCHD1 CPUD. This interconnection network will remain open to the public. It will reduce trips on the adjacent road network including but not limited to additional U-turn movements, distribution of trips, and intersection conflicts. It will also utilize the existing signal located at the BCHD1 CPUD access point on Immokalee Road. Staff Recommendation: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval subject to the following Condition of Approval: 1. The following statement shall be added to Exhibit F, Developer Commitments, 3.b.: “The interconnection shall remain open to the public.” Conservation and Coastal Management (CCME): Environmental Review staff has found this petition to be consistent with the CCME. The project site consists of 43.9 acres of native vegetation. A minimum of 6.6 acres (15%) of native vegetation is required to be preserved. GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the GMP subject to the adoption of the companion item GMPA-PL20190002355, Immokalee Road Commercial Subdistrict GMPA. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the Collier County Planning Commission’s (CCPC) recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading “Rezone Findings and PUD Findings.” In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The required preserve is 6.6 acres (15% of 43.9 acres); the Master Concept Plan provides for a 6.6-acre preserve onsite. No listed animal species were observed on the property; however, the Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicate the 9.A.3.a Packet Pg. 381 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 11 of 25 presence of Black Bear (Ursus americanus floridanus) in the area. A black bear management plan will need to be included at PPL or SDP review. Stiff-leafed wild-pine (Tillandsia fasciculata), listed as a less rare plant, have been observed on the property and will be protected in accordance with LDC 3.04.03. The property is in Wellfield Risk Management Special Treatment Overlay zones (ST/W-4) and must address groundwater protection in accordance with LDC Section 3.06.12. The commercial uses listed in the “Randall Curve MPUD Permitted Uses Exhibit A” are allowed uses within the W-4 zone. Some commercial uses (i.e., gas stations, dry cleaners, etc.) have the potential to impact groundwater and surface water. Due to the proximity of this property to private drinking water wells, Pollution Prevention Best Management Practices (BMPs) must be provided at the time of PPL or SDP review for those land uses which have the potential to cause impacts to drinking water. 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. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Utilities Review: The project lies within the regional potable water and north wastewater service areas of the Collier County Water-Sewer District. Water and wastewater services are readily available via existing infrastructure along the project’s frontage on Immokalee Road. Sufficient water and wastewater treatment capacities are available. The following corrections remain outstanding as of the writing of this staff report: • Exhibit A includes group housing for seniors as a permitted use, but neither the Statement of Utility Provisions nor the Traffic Impact Statement addresses this use. The applicant’s agent was asked to outline a maximum-density scenario for this use based on the proposed trip cap and FAR, and to calculate the average daily wastewater flow for comparison with the result calculated for the residential/commercial scenario. The agent maintains that the residential/commercial scenario provided represents the most likely and intense scenario but has provided no analysis supporting this conclusion. • In Exhibit B, the minimum front yard setback for the amenity area is identified as 15 feet, measured from the back of the curb (if curbed) or edge of pavement (if not curbed). Staff has argued that the front yard setback should be no less than 20 feet to allow for a 5 -foot (min.) setback from both the back of curb/edge of pavement and the private ROW line as well as a 10-foot public utility easement (PUE) along the property frontage. The agent most recently argued that the 15-foot setback is being retained because the residential amenity will not be served by a platted private or public roadway, but if the amenity is internal to a multi -family project, it is not subject to a front yard setback, and nothing in the PUD indicates the amenity area will not be accessed via platted right-of-way, as is typical in a single-family residential subdivision. 9.A.3.a Packet Pg. 382 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 12 of 25 Utilities Review staff recommends approval subject to the following Condition of Approval: 2. The Applicant shall provide a Statement of Utility Provision outlining a maximum-density scenario for the senior housing based on the proposed trip cap and FAR, and calculate the average daily wastewater flow for comparison with the result calculated for t he residential/commercial scenario. The Statement of Utility Provision shall be provided to staff 3 weeks prior to the BCC hearing. 3. Exhibit B “Development Standards” shall be modified to include an (Internal) 20-foot front yard setback for Amenity Centers. School Board Review: At this time there is no existing or planned capacity within the next 5 years for the purposed development at the elementary level for this concurrency service area. There is capacity at the middle and high school levels. At the time of the site plan or plat, the development would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the development is located within or an adjacent concurrency service area. Sign Code Review: Sign Code Review staff has reviewed six requested deviations from the Sign Code and is recommending approval of the deviations. The petitioner is requesting deviations related to Directory Signs, Boundary Marker Signs, and Ground Signs. For further information, please see Deviation numbers 6 through 10. Zoning and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Staff believes that the proposed development will be compatible with and complementary to the surrounding land uses. Staff offers the following analysis of this project: The land to the north of the proposed 50.18 acre Randall Curve MPUD is the undeveloped BCHD 1 CPUD. The land across Immokalee Road and to the east is developed and undeveloped single-family homes and a commercial strip shopping center. The land to the west on 4th Street N.E. is developed and undeveloped single-family homes. Most of the single-family residences along 4th Street N.E. are buffered from the proposed mixed-use development by an approximately 125-foot wide preserve. However, the Estates zoned single-family homes along 4th Street N.E. located across the street from the proposed water management area are more greatly exposed to the commercial development. While there is a proposed 20-foot wide Type D Landscape Buffer, it does not protect the Estates single- family homes from the impacts of the proposed development. The maximum zoned height of 55 feet and the actual height of 65 feet for the proposed development is taller than the surrounding Estates zoned height of 30 feet. Therefore, staff is recommending the following Condition of Approval: 4. The development along the water management lake shall provide a 20 -foot-wide Type C Landscape Buffer between the water management lake and the rear of the commercial parcel. 9.A.3.a Packet Pg. 383 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 13 of 25 The “water management” label on the Master Plan shall be relabeled as “water management lake.” Staff is concerned about the commitment related to amplified sound. The Petitioner has proposed no outdoor amplified sound after 12 a.m. (midnight) on weekends. The recently approved BCHD1 CPUD to the north has proposed no outdoor amplified sound after 10 p.m. on weekends. Therefore, to minimize noise pollution to the adjacent Estates neighbors, staff recommends the following Condition of Approval: 5. There shall be no outdoor amplified sound during weekend hours between 10 p.m. and 8 a.m. REZONE FINDINGS: Staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map, and the elements of the GMP. The Comprehensive Planning staff has indicated that upon adoption of the companion GMPA, the proposed PUD Rezone can be found consistent with all applicable elements of the FLUE of the GMP. 2. The existing land use pattern. As described in the “Surrounding Land Use and Zoning” portion of this report and discussed in the zoning review analysis, the neighborhood’s existing land use pattern can be characterized as mostly developed residential and commercial. The property to the east across Immokalee Road is developed residential. The property to the west on 4th Street N.E. is developed and undeveloped residential. The property to the south is developed with a commercial shopping plaza. 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. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP upon adoption of the companion GMPA. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to develop the property with commercial and residential land uses. 9.A.3.a Packet Pg. 384 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 14 of 25 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD Rezone, along with the staff Conditions of Approval, and the adoption of the companion GMPA can be deemed consistent with the County’s land-use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD Rezone should not adversely impact living conditions in the area if the staff Conditions of Approval are adopted. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. As previously stated, the applicant's TIS concurrency backup material indicates one roadway (Randall Boulevard) will be projected deficient due to background traffic trips. The road segments in this category (deficient due to background traffic) is the funding responsibility of Collier County. Further, the impact fees collected will compensate for the project impacts, specifically for the fair share portion required by State Statutes. Staff also notes that Vanderbilt Beach Road is a scheduled road improvement that is a parallel facility to Immokalee Road and part of network improvements that may positively impact Randall Boulevard. Operational impacts will be addressed at the time of the first development order (SDP or PPL). Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed PUD Rezone will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is anticipated that the proposed PUD Rezone will not reduce light and air to adjacent areas inside or outside the PUD. 10. Whether the proposed change would adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP approval process and PPL process, gives reasonable 9.A.3.a Packet Pg. 385 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 15 of 25 assurance that a change in zoning will not result in deterrence to improvement or development of the adjacent property. Therefore, if the staff Conditions of Approval are adopted, 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 development will comply with the GMP upon adoption of the companion GMPA, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Furthermore, if the staff Conditions of Approval are adopted, the proposed PUD Rezone should not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without rezoning the property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. If the staff Conditions of Approval are adopted, the proposed PUD Rezone should not be 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 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 this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or PPL processes, and as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Col lier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding 9.A.3.a Packet Pg. 386 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 16 of 25 Adequate Public Facilities (APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the rezoning process, and those staff persons have concluded that no Level of Service will be adversely impacted by the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.B.5 states that “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria:” 1. The suitability of the area for the type and pattern of development propo sed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The area is suitable for the proposed commercial development. The subject site is located south of the recently adopted 19.13 acre BCHD 1 CPUD and on Immokalee Road, a major thoroughfare. The site also has direct access to Immokalee Road at two ingress/egress points. Water transmission and wastewater transmission mains are readily available within the Immokalee Road right-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, upon adoption of the companion GMPA, staff can find the petition consistent with the overall GMP. 9.A.3.a Packet Pg. 387 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 17 of 25 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed landscaping and buffering standards are compatible with the adjacent uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Collier County has sufficient treatment capacity for water and wastewater services to the project. Conveyance capacity must be confirmed at the time of development permit application. 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. 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 two deviations related to directory signs and street width. Please, refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviations. 9.A.3.a Packet Pg. 388 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 18 of 25 Deviation Discussion: The petitioner is seeking 12 deviations from the requirements of the LDC. The deviations are directly extracted from PUD Exhibit E. The petitioner’s rationale and staff analysis/recommendation are outlined below. Deviation #1 “Deviation #1 seeks relief from LDC Section 5.05.04 D.1., “Group Housing,” which requires the maximum floor area ratio (FAR) shall not exceed 0.45, to instead allow a maximum FAR of 0.6. Petitioner’s Justification: The petitioner states the following in support of the deviation: Modern senior housing projects provide a significant array of recreational amenities, which when provided within the building increases the total square footage of the structure; thereby increasing the FAR. Newer senior housing projects also provide more spacious interior living space, necessitating a larger FAR. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” Deviation #2 “Deviation #2 seeks relief from LDC Section 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 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, located within the MPUD. Petitioner’s Justification: The petitioner states the following in support of the deviation: The subject PUD is a mixed-use project under unified control whereby a number of commercial land uses are anticipated to be constructed in close proximity to residential uses. A facility with fuel pumps is intended to be developed on one of the commercial tracts located on the project's 9.A.3.a Packet Pg. 389 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 19 of 25 Immokalee Road frontage. While there are two estate lots located west of 4th Street N.E. that are just under 250 feet from a commercial tract. The LDC required buffer will be provided for any external residential use within 250 feet of the facility with fuel pumps. It will be separated from any internal residential tract by the internal reverse frontage road/access easement. The residential developer within this project will be aware that a facility with fuel pumps may be constructed within 250 feet of the residential tract and the deviation will serve as notice as to the minimum buffer required between the two uses. The residential tract will be in closer proximity to other commercial uses which do not have restrictions as to their location, nor do they require additional buffering. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” Deviation #3 Deviation #3 seeks relief from LDC Section 5.05.05 D.2.b., “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: 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 15-foot wide type ‘B’ landscape buffer planted with minimum 14-foot-high canopy trees (6-8' spread and 3-4" caliper) planted 20 feet on center, and a hedge 3 feet in height at installation and permanently maintained at a minimum height of five feet along the lot boundaries facing the internal residential tract. Petitioner’s Justification: The petitioner states the following in support of the deviation: The subject PUD is a mixed-use project under unified control whereby a number of commercial land uses are anticipated to be constructed in close proximity to residential uses. A facility with fuel pumps is intended to be developed on one of the commercial tracts located on the project's Immokalee Road frontage. While there are two estate lots located west of 4th Street N.E. that are just under 250 feet from a commercial tract. The LDC required buffer will be provided for any external residential use within 250’ of the facility with fuel pumps. It will be separated from any 9.A.3.a Packet Pg. 390 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 20 of 25 internal residential tract by the internal reverse frontage road/access easement. The residential developer within this project will be aware that a facility with fuel pumps may be constructed within 250 feet of the residential tract and the deviation will serve as notice as to the minimum buffer required between the two uses. The residential tract will be in closer proximity to other commercial uses which do not have restrictions as to their location, nor do they require additional buffering. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” Deviation #4 Deviation #4 seeks relief from LDC Section 5.05.05 B.1., “Facilities with Fuel Pumps - Table of site design requirements,” which establishes yard requirements of 40 feet for side yards and 50 feet for all front yards, to instead allow the North directional side yards to be reduced to 20 feet and the West and South directional internal front yards to be reduced to 25 feet. The East directional front yard adjacent to Immokalee Road shall be a minimum of 30 feet. Petitioner’s Justification: The petitioner states the following in support of the deviation: The project is a mixed-use PUD under the unified control of a single entity. The resulting project will have a Property Owner’s Association that will establish community aesthetics and standards for all land uses developed within the PUD. The general yard requirements for facilities with fuel pumps are applicable to all commercial properties within Collier County, which includes numerous C-2, C-3, C-4, and C-5 properties which are not subject to the unified development standards within the Randall Curve MPUD, nor are otherwise governed by a Property Owner’s Association which regulates development within the overall project. The PUD document establishes standards which govern all commercial and residential uses, and the general yard requirements for facilities with fuel pumps are not necessary within the MPUD. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” Deviation #5 Deviation #5 seeks relief from LDC Section 6.06.01, “Street System Requirements,” which 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 private Right-of-Way. Petitioner’s Justification: The petitioner states the following in support of the deviation: 9.A.3.a Packet Pg. 391 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 21 of 25 This is the same deviation as our neighbor to the north and we are required to interconnect to their roadway network. It is appropriate to allow the internal roadway network to have the same ROW standard. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” Deviation #6 Deviation #6 seeks 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 8 independent units, and containing 20,000 square feet or more of leasable floor area to be permitted 1 directory sign at one entrance on each public street, to instead allow 2 directory signs which may include signage for the commercial tenants and residential component of the project. Petitioner’s Justification: The petitioner states the following in support of the deviation: The PUD is a mixed-use project and will have a free-standing residential component that will be accessed via the Immokalee Road project entrance, which does not have direct Immokalee Road frontage. Other commercial uses may not have direct frontage on Immokalee Road and having visible signage at the project entrance will provide a benefit to the traveling public to ensure that motorists are aware of the tenants located in the PUD. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” Deviation #7 Deviation #7 seeks relief from LDC section 6.06.02 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 project name. Petitioner’s Justification: The petitioner states the following in support of the deviation: The LDC does not contemplate a Boundary Marker Sign for a mixed-use project but does allow this type of signage for a residential project. The developer for this mixed-use project desires to have a Boundary Marker Sign near the intersection of 4th Street N.E. and Immokalee Road. The project access is on Immokalee Road and the developer wishes to identify the project name in advance of the entrance as identification for northbound motorists. 9.A.3.a Packet Pg. 392 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 22 of 25 Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on t he health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has not demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” Deviation #8 Deviation #8 seeks relief from LDC Section 5.06.02 B.14.b., “Boundary Marker Sign,” which provides “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 located at the intersection of Immokalee Road and 4th Street to be a maximum of 30 square feet in area. Petitioner’s Justification: The petitioner states the following in support of the deviation: The LDC does not contemplate a Boundary Marker Sign for a mixed-use project but does allow this type of signage for a residential project. The developer for this mixed-use project desires to have a Boundary Marker Sign near the intersection of 4th Street N.E. and Immokalee Road. The project access is on Immokalee Road and the developer wishes to identify the project name in advance of the entrance as identification for northbound motorists. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not 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 not demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” Deviation #9 Deviation #9 seeks relief from LDC Sections 5.06.04 F.1., “Ground Signs,” which allows each non- residential single occupancy or multi-occupancy parcel or tract to have a single ground sign along a public street, to instead also allow such parcels or tracts abutting 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 from parking lot grade and 25 square feet in sign area. Primary signage on Immokalee Road is limited to a maximum 60 square feet in size and 10 feet in height. Petitioner’s Justification: The petitioner states the following in support of the deviation: The Randall Curve MPUD will be served by a reverse frontage road that will traverse the entire PUD and it is required to connect to the commercial PUD located to the north for access to the traffic signal located at Immokalee Road and Orange Tree Boulevard. This reverse frontage road intended to provide relief for residents, guests, and customers from using Immokalee Road. The applicant wants to ensure that businesses will have appropriate signage 9.A.3.a Packet Pg. 393 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 23 of 25 on this reverse frontage road to aid in motorists locating individual businesses located within the PUD. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not 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 not demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” Deviation #10 Deviation #10 seeks relief from LDC Section 6.06.01 J., “Street System Requirements,” which requires dead-end streets to be designed with a cul-de-sac, to instead allow the internal street to be designed without a cul-de-sac. A temporary turn-around or other turnaround acceptable to the fire district shall be provided, as necessary, until development of the commercial areas is complete. If there is a dead-end fire access road that is in excess of 150’, then an approved fire district turn-around is required. Petitioner’s Justification: The petitioner states the following in support of the deviation: This deviation is warranted, as a cul-de-sac is not necessary to accommodate safe vehicular turnaround for the internal roadway system near the southern terminus of the PUD. No access to 4th Street N.E. is permitted, therefore, the Developer may construct a temporary turn-around or other turnaround acceptable to the fire district which will be coordinated at the time of site development plan approval. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” Deviation #11 Deviation #11 seeks relief from LDC Section 5.03.02 H., “Wall Requirements between Residential and Non-Residential Development,” which requires a masonry wall, concrete or prefabricated concrete wall, and/or fence to be constructed on a non-residential property when it lies contiguous to a residentially zoned district, to instead eliminate the wall requirement between residential and non - residential development internal to the PUD and allow a hedge in addition to the Type ‘D’ Buffer in lieu of a wall to be constructed on the residential parcel in a 10 -foot wide buffer. The supplemental hedge shall be 4 feet at the time of planting and planted on 4-foot centers. Petitioner’s Justification: The petitioner states the following in support of the deviation: This mixed-use development is under common ownership and the Developer proposes to provide 10’ wide buffers on each side of the internal roadway which separates the commercial and public 9.A.3.a Packet Pg. 394 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 24 of 25 use tracts from the residential tract. This deviation will provide appropriate buffering for the site by providing a hedge to be maintained at 6’ in height on the property rather than a wall on the commercial development tract. The two 10’ wide buffers with no wall are adequate for the master-planned mixed-use project. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” Deviation #12 Deviation #12 seeks relief from LDC Section 6.06.02 A.1., “Sidewalks and Bike Lanes,” which requires a sidewalk to be constructed within public and private rights-of-way or easements adjacent to the site, to instead allow a portion of a required sidewalk to be constructed along the preserve’s perimeter berm within a dedicated easement, located adjacent to 4th Ave N.E. where conflicts exist within the ROW. Petitioner’s Justification: The petitioner states the following in support of the deviation: The LDC requires sidewalks to be constructed within the adjacent ROW. This deviation will allow the Developer to design the sidewalk in a manner to avoid ROW and project conflicts by allowing a portion of the sidewalk to be constructed both in the ROW and within a publicly dedicated easement on the Developer’s property when necessary to avoid conflicts. This will allow flexibility and creativity in the design of the sidewalk along 4th Street N.E. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM meeting on December 9, 2020, at the North Collier Regional Park Exhibit Hall located at 1500 Livingston Road, Naples, Florida. Approximately 15 people were in attendance. For further information please see Attachment C-NIM Transcript. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for this petition on September 9, 2021. 9.A.3.a Packet Pg. 395 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 25 of 25 RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDR- PL20190002356, Randall Curve MPUD to the BCC with a recommendation of approval subject to the adoption of the companion GMPA and the following Conditions of Approval: 1. The following statement shall be added to Exhibit F, Developer Commitments, 3.b.: “The interconnection shall remain open to the public.” 2. The Applicant shall provide a Statement of Utility Provision outlining a maximum-density scenario for the senior housing based on the proposed trip cap and FAR, and calculate the average daily wastewater flow for comparison with the result calculated for the residential/commercial scenario. The Statement of Utility Provision shall be provided to staff 3 weeks prior to the BCC hearing. 3. Exhibit B “Development Standards” shall be modified to include an (Internal) 20-foot front yard setback for Amenity Centers. 4. The development along the water management lake shall provide a 20 -foot-wide Type C Landscape Buffer between the water management lake and the rear of the commercial parcel. The “water management” label on the Master Plan shall be relabeled as “water management lake.” 5. There shall be no outdoor amplified sound during weekend hours between 10 p.m. and 8 a.m. Attachments: Attachment A-Proposed PUD Ordinance Attachment B-NIM Transcript Attachment C-Application 9.A.3.a Packet Pg. 396 Attachment: Staff Report Randall Curve 9-29-21A (20072 : PL20190002356-Randall Curve MPUD) [20-CPS-02002/1668115/1]162 Randall Curve /PL20190002356 9/21/21 Page 1 of 2 ORDINANCE NO. 2021 -_____ 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 AN ESTATES (E) ZONING DISTRICT TO A MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS RANDALL CURVE MPUD, TO ALLOW DEVELOPMENT OF UP TO 400 DWELLING UNITS, GROUP HOUSING FOR SENIORS, AND 150,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT, EXCEPT PUBLIC USES AND GROUP HOUSING ARE NOT SUBJECT TO THE MAXIMUM GROSS FLOOR AREA LIMITATIONS. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF IMMOKALEE ROAD AND 4TH STREET N.E., IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 29 EAST, CONSISTING OF 50± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190002356] WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, Inc. and Richard D. Yovanovich, Esq., representing Richard D. Yovanovich, Esq. as Successor Trustee of the Land Trust 850.024, under Land Trust Agreement dated December 1, 2005, and of the Land Trust 850.031, under Land Trust Agreement dated December 1, 2005, and of the Land Trust Agreement dated June 10, 2009 known as Trust Number 850.045, and of the Golden Gate Boulevard West Trust, petitioned the Board of County Commissioners of Collier County, Florida, 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 22, Township 48 South, Range 29 East, Collier County, Florida, is changed from an Estates (E) Zoning District to a Mixed-Use Planned Unit Development (MPUD) for a 50± acre project 9.A.3.b Packet Pg. 397 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) [20-CPS-02002/1668115/1]162 Randall Curve /PL20190002356 9/21/21 Page 2 of 2 to be known as Randall Curve MPUD, to allow development of a maximum of 400 dwelling units and 150,000 square feet of commercial development, except public uses and group housing are not subject to the maximum gross floor area limitations, 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 and on the date that the Growth Management Plan Amendment in Ordinance No. 2021 -____ becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _______ day of ________________ 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: _____________________________ By: ___________________________________ , Deputy Clerk PENNY TAYLOR, Chairman Approved as to form and legality: Heidi F. Ashton-Cicko Managing Assistant County Attorney Exhibit A: List of Permitted Uses Exhibit B: Development and Design Standards Exhibit C: Master Concept Plan Exhibit D: Legal Description Exhibit E: Deviations Exhibit F: Development Commitments HFAC 9-21-21 9.A.3.b Packet Pg. 398 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 1 of 17 EXHIBIT A RANDALL CURVE MPUD PERMITTED USES A maximum of 400 residential dwelling units, group housing for seniors and 150,000 square feet of gross commercial floor area shall be permitted within the MPUD. Public uses, residential uses and group housing uses are not subject to the 150,000 square feet of gross commercial floor area limitation. The uses are subject to the trip cap identified in Exhibit F, Section 3.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: COMMERCIAL (C): A. Principal Uses (SIC In Parenthesis): 1. All permitted and conditional uses in the C-1 through C-3 Zoning Districts of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended); and 2. Carwashes; and (7542) 3. Dental Laboratories; and (8072) 4. Medical Laboratories; and (8071) 5. Motor freight transportation and warehousing (air-conditioned mini-and self-storage warehousing only); and (4225) 6. Nursing and professional care facilities; and (8051, 8052, 8059) 7. 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. 9.A.3.b Packet Pg. 399 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 2 of 17 C. Operational Requirements for Independent Group Housing Group housing for seniors uses shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents’ individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall have the option to be equipped to notify the community staff in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 8. There shall be an emergency generator to serve the project with sufficient fuel supply for 5 days. The generator shall be equipped with a noise attenuation device or shall be enclosed. 9. Compliance with LDC Section 5.05.04 – Group Housing RESIDENTIAL (R): A. Principal Uses: 1. Dwelling Units: single family detached, zero lot line, two family attached, townhouse and multi-family 2. Group housing for seniors including assisted living, continuing care retirement communities, skilled nursing, memory care and independent living facilities, subject 9.A.3.b Packet Pg. 400 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 3 of 17 to an FAR of 0.6 (See Item D, Operational Requirements for Independent Group Housing) 3. Model homes / model sales or leasing offices 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 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. Clubhouses, community administrative facilities and recreational facilities intended to serve residents and guests, including leasing and construction offices. 3. Water management facilities to serve the project such as lakes. 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 5. 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. 9.A.3.b Packet Pg. 401 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 4 of 17 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. D. Operational Requirements for Independent Group Housing Group housing for seniors uses shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents’ individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall have the option to be equipped to notify the community staff in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 8. There shall be an emergency generator to serve the project with sufficient fuel supply for 5 days. The generator shall be equipped with a noise attenuation device or shall be enclosed. 9.A.3.b Packet Pg. 402 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 5 of 17 PUBLIC (P): Accommodates local, state and federally owned or leased and operated government facilities. A. Principal Uses: 1. Administration of housing and urban planning and community and rural development (Group 9531, 9532) 2. General government services Groups 9111 – Executive offices 9121 – Legislative bodies 9131 – Executive and legislative offices combined 9199 – General government, not elsewhere classified 3. Land, mineral, wildlife, and forest conservation (Group 9512) 4. Veterans affair office (Group 9451) 5. 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: 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 CPUD as determined by the BZA or the Hearing Examiner. PRESERVE: A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting, as per LDC requirements. 3. Passive Recreation areas, as per LDC requirements. 4. Water management and water management structures, as per LDC requirements. 9.A.3.b Packet Pg. 403 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 6 of 17 EXHIBIT B RANDALL CURVE MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Randall Curve 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. COMMERCIAL: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From 4th St N.E. ROW 75 ft. SPS From Immokalee Road ROW 25 ft. SPS From Northern Project Boundary 25 ft. **** 15 ft. **** MINIMUM YARDS (Internal) Internal Drives/ROW 10 ft. 10 ft Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.* Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft. MAXIMUM HEIGHT ZONED ACTUAL ZONED ACTUAL Retail Buildings 35 ft. 45 ft. 35 ft. 45 ft. Office Buildings, Self-Storage, and Hotel/Motel 45 ft. 55 ft. 35 ft. 45 ft. Group Housing 45 ft. 55 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL 150,000 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. *** Excludes group housing and the one acre ‘P’ tract. **** May be reduced to zero feet if developed as a unified plan with the adjacent property to the north and no landscape buffer shall be required between uses. 9.A.3.b Packet Pg. 404 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 7 of 17 II. RESIDENTIAL: PRINCIPAL STRUCTURES *6 SINGLE FAMILY DETACHED ZERO LOT LINE TWO FAMILY ATTACHED TOWNHOUSE (PER UNIT) MULTI- FAMILY GROUP HOUSING AMENITY AREA *4 Minimum Floor Area per unit 750 SF 750 SF 750 SF 750 SF 684 SF N/A N/A Minimum Lot Area 4,000 SF 3,500 SF 3,500 SF 1,440 SF 43,560 SF N/A N/A Minimum Lot Width 40 feet 35 feet 35 feet 18 feet N/A N/A N/A Minimum Lot Depth 100 feet 100 feet 100 feet 80 feet N/A N/A N/A Minimum Setbacks Front Yard *2 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 15 feet Side Yard 5 feet 0 or 10 feet 0 or 5 feet 0 or 10 feet *1 0/10 feet *1 15 feet 15 feet Rear Yard 10 feet 10 feet 10 feet 15 feet 15 feet 15 feet 15 feet Preserve 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet PUD Boundary (West) 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet *5 Minimum Distance Between Buildings 10 feet 10 feet 10 feet 20 feet 20 feet 20 feet N/A Maximum Building Height Zoned Actual 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet 45 feet 50 feet 55 feet 65 feet 55 feet 65 feet 25 feet 35 feet ACCESSORY STRUCTURES *6 Minimum Setbacks Front Yard *2 SPS SPS SPS SPS 15 feet 15 feet 10 feet Side Yard SPS SPS SPS 10 feet 10 feet 10 feet 10 feet Rear Yard *3 5 feet 5 feet 5 feet 10 feet 10 feet 10 feet 10 feet Preserve 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet PUD Boundary (West) 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet*7 Minimum Distance Between Buildings*8 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet N/A Maximum Building Height Zoned Actual 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet 35 feet 45 feet 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 and from ROW line for any public roadway. Single-family unit types - 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 internal setback, except as listed below, and are permitted throughout the “R” designated areas of the PUD; however such structures shall be located 9.A.3.b Packet Pg. 405 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 8 of 17 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 100 feet of the northern or western PUD boundary. *8 – Zero feet if attached, 10 feet if detached. 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. 9.A.3.b Packet Pg. 406 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) 20' WIDE TYPE 'D' LANDSCAPE BUFFER IMMOKALEE ROAD 10' WIDE TYPE 'A' LANDSCAPE BUFFER (SEE NOTE #3) ZONED: E, ESTATES USE: UNDEVELOPED RESIDENTIAL ZONED: BCHD I CPUD USE: COMMERCIAL ZONED: ORANGETREE PUD USE: UNDEVELOPED COMMERCIAL ZONED: ORANGETREE PUD USE: RESIDENTIAL ZONED: ORANGETREE PUD USE: COMMERCIAL4TH STREET N.E.ZONED: E, ESTATES USE: RESIDENTIAL ZONED: E, ESTATES USE: RESIDENTIAL ZONED: E, ESTATES USE: UNDEVELOPED RESIDENTIAL R MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER C C PRESERVE VEHICULAR/PEDESTRIAN INTERCONNECTION PRESERVEWATER MANAGEMENT 1 1 2 3 4 1 2 3 4 AMENITY AREA (GENERAL LOCATION) C1 POTENTIAL PEDESTRIAN INTERCONNECTION EXISTING C.A.T. BUS STOP C/P 5 5 6 6 R1 MINIMUM 10-FOOT WIDE TYPE 'D' LANDSCAPE BUFFER 1 7 11 11 11 12 12 9 9 9 10 8 0 300'150'SCALE: 1" = 300' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" # DEVIATION R RESIDENTIAL C COMMERCIAL P PUBLIC LEGEND 9.A.3.b Packet Pg. 407 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE 'B' BUFFER A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. 3. 10 FOOT WIDE TYPE 'A' LANDSCAPE BUFFER IF PROJECT TO THE NORTH IS DEVELOPED WITH COMMERCIAL, OTHERWISE, A 15 FOOT WIDE TYPE 'B' LANDSCAPE BUFFER IS REQUIRED. DEVIATIONS FROM THE LDC: (REFER TO EXHIBIT E) 1. SECTION 5.05.04 D.1., GROUP HOUSING 2. SECTION 5.05.05 D.2.a., FACILITIES WITH FUEL PUMPS 3. SECTION 5.05.05 D.2.b., FACILITIES WITH FUEL PUMPS 4. SECTION 5.05.05 B.1., FACILITIES WITH FUEL PUMPS 5. SECTION 6.06.01, STREET SYSTEM REQUIREMENTS 6. SECTION 5.06.04 F.3., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 7. SECTION 5.06.02 B.14., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 8. SECTION 5.06.02 B.14.b., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 9. SECTION 5.06.04 F.1., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 10. SECTION 6.06.01 J., STREET SYSTEM REQUIREMENTS 11. SECTION 5.03.02 H., FENCES AND WALLS, EXCLUDING SOUND WALLS 12. SECTION 6.06.02 A.1., SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS SITE SUMMARY TOTAL SITE AREA: 50.18± ACRE COMMERCIAL (C)17± AC (34%) RESIDENTIAL (R)19.5± AC (39%) PUBLIC (P)1.0± AC (2%) 4TH STREET N.E. ROW 1.57± AC (3%) WATER MANAGEMENT 2.8± AC (6%) LANDSCAPE BUFFERS 1.71± AC (3%) PRESERVE 6.6± AC (13%) RESIDENTIAL: MAXIMUM 400 DWELLING UNITS COMMERCIAL: MAXIMUM 150,000 S.F. OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE: REQUIRED: 6.6 ACRES (43.9± ACRES NATIVE VEGETATION X 0.15) PROVIDED: 6.6 ACRES 9.A.3.b Packet Pg. 408 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 11 of 17 EXHIBIT D RANDALL CURVE MPUD LEGAL DESCRIPTION PARCEL 1 A PORTION OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT "A", NORTH 89°30'02" EAST, A DISTANCE OF 1,366.01 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1361, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE ALONG SAID BOUNDARY, SOUTHWESTERLY 2,258.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 46°58'49", (CHORD BEARING SOUTH 24°49'44" WEST, A DISTANCE OF 2,196.07 FEET) TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 00°29'58" WEST, A DISTANCE OF 361.77 FEET; 2) THENCE NORTH 89°59'48" WEST, A DISTANCE OF 426.54 FEET TO A POINT ON THE WEST BOUNDARY OF THE AFOREMENTIONED TRACT "A"; THENCE ALONG SAID BOUNDARY, NORTH 00°29'58" WEST, A DISTANCE OF 1,619.45 FEET TO THE POINT OF BEGINNING. CONTAINING 45.02 ACRES, MORE OR LESS. PARCEL 2 BEING A PORTION PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358 AND LYING WITHIN TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID TRACT "A", SOUTH 00°29'58" EAST, A DISTANCE OF 1,619.45 FEET TO A POINT ON THE BOUNDARY OF PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) SOUTH 89°59'48" EAST, A DISTANCE OF 426.54 FEET; 2) THENCE SOUTH 00°29'58" EAST, A DISTANCE OF 361.77 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE SOUTHWESTERLY 526.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 10°56'31", (CHORD BEARING SOUTH 53°47'24" WEST, A DISTANCE OF 525.29 FEET) TO A POINT ON THE AFOREMENTIONED BOUNDARY OF SAID PARCEL 179, THE SAME BEING THE WEST LINE OF SAID TRACT "A"; THENCE ALONG SAID BOUNDARY AND SAID WEST LINE, NORTH 00°29'58" WEST, A DISTANCE OF 672.12 FEET TO THE POINT OF BEGINNING. CONTAINING 5.16 ACRES, MORE OR LESS. TOTAL CONTAINING 50.18 ACRES, MORE OR LESS. 9.A.3.b Packet Pg. 409 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 12 of 17 EXHIBIT E RANDALL CURVE MPUD DEVIATIONS FROM THE LDC DEVIATION 1: Relief from LDC Section 5.05.04 D.1., “Group Housing”, which requires the maximum floor area ratio (FAR) shall not exceed 0.45, to instead allow a maximum FAR of 0.6. DEVIATION 2: Relief 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 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, located within the MPUD. See also Exhibit F, 7.a. DEVIATION 3: Relief from LDC Section 5.05.05 D.2.b., “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: 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 to provide a 15-foot wide type ‘B’ landscape buffer planted with minimum 14-foot-high canopy trees (6-8' 9.A.3.b Packet Pg. 410 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 13 of 17 spread and 3-4" caliper) planted 20 feet on center, and a hedge 3 feet in height at installation and permanently maintained at a minimum height of five feet along the lot boundaries facing the internal residential tract. DEVIATION 4: Relief from LDC Section 5.05.05 B.1., “Facilities with Fuel Pumps - Table of site design requirements”, which establishes yard requirements of 40 feet for side yards and 50 feet for all front yards, to instead allow the North directional side yards to be reduced to 20 feet and the West and South directional internal front yards to be reduced to 25 feet. The East directional front yard adjacent to Immokalee Road shall be a minimum of 30 feet. DEVIATION 5: Relief from LDC Section 6.06.01, “Street System Requirements”, which 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 private Right-of-Way. DEVIATION 6: 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 8 independent units, and containing 20,000 square feet or more of leasable floor area to be permitted 1 directory sign at one entrance on each public street, to instead allow two directory signs which may include signage for the commercial tenants and residential component of the project. DEVIATION 7: 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 for the residential component sign at a single corner. The boundary marker sign shall include the logo and/or residential component project name. DEVIATION 8: Relief from LDC Section 5.06.02 B.14.b., “Boundary Marker Sign”, which provides “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 located at the intersection of Immokalee Road and 4th Street to be a maximum of 30 square feet in area. DEVIATION 9: Relief from LDC Sections 5.06.04 F.1., “Ground Signs”, which allows each non- residential single occupancy or multi-occupancy parcel or tract to have a single ground sign along a public street, to instead also allow such parcels or tracts abutting 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 from parking lot grade and 25 square 9.A.3.b Packet Pg. 411 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 14 of 17 feet in sign area. Primary signage on Immokalee Road is limited to a maximum 60 square feet in size and 10 feet in height. DEVIATION 10: Relief from LDC Section 6.06.01 J., “Street System Requirements”, which requires dead-end streets to be designed with a cul-de-sac, to instead allow the internal street to be designed without a cul-de sac. A temporary turn-around or other turnaround acceptable to the fire district shall be provided, as necessary, until development of the commercial areas is complete. If there is a dead-end fire access road that is in excess of 150 feet, then an approved fire district turn- around is required. DEVIATION 11: Relief from LDC Section 5.03.02 H., “Wall Requirements between Residential and Non-Residential Development”, which requires a masonry wall, concrete or pre-fabricated concrete wall and/or fence to be constructed on a non-residential property when it lies contiguous to a residentially zoned district, to instead eliminate the wall requirement between residential and non-residential development internal to the PUD and allow a hedge in addition to the type ‘D’ buffer in lieu of a wall to be constructed on the residential parcel in a 10 foot wide buffer. The supplemental hedge shall be 4 feet at the time of planting and planted on 4 foot centers. DEVIATION 12: Relief from LDC Section 6.06.02 A.1., “Sidewalks and Bike Lanes”, which requires a sidewalk to be constructed within public and private rights-of-way or easements adjacent to the site, to instead allow a portion of a required sidewalk to be constructed along the preserve’s perimeter berm within a dedicated easement, located adjacent to 4th Ave N.E. where conflicts exist within the ROW. 9.A.3.b Packet Pg. 412 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 15 of 17 EXHIBIT F RANDALL CURVE 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 Crown Management Services, LLC, 207 Cherry Hill Drive, Presto, PA 15142- 1087. 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. 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. B. All other applicable state or federal permits must be obtained before commencement of the development. c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures— backlight, uplight and glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15-ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft-candles along the joint property line where adjacent to residential property. Interconnections identified on the Master Plan may be standard lighting for residential development. 9.A.3.b Packet Pg. 413 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 16 of 17 3. TRANSPORTATION a. The maximum total daily trip generation for the PUD shall not exceed 753 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. b. Vehicular and Pedestrian interconnection will be provided to the north to allow access to all connection points with BCHD I CPUD, consistent with the conceptual PUD Master Plan, Exhibit C. The final location of the access point will be coordinated with the adjacent property owner and a cross-access easement will be provided at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns prior to the first Certificate of Occupancy. c. The developer shall provide right turn lanes at each project entrance, and directional left turn lanes which shall be designed per the Collier County LDC. Compensatory right-of-way shall not be required for each turn lane. 4. LANDSCAPING a. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to meet the LDC requirements for a Type B buffer, a 6-foot wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6- foot wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. b. A 10 foot wide type 'A' landscape buffer is required along the northern perimeter if project to the north is developed with commercial, otherwise, a 15 foot wide type 'B' landscape buffer is required except where developed under a unified plan in which no buffer is required. 5. ENVIRONMENTAL a. The MPUD shall be required to preserve 15% of native vegetation. 43.9± acres of native vegetation exist on-site requiring a minimum preservation of 6.6± acres (43.9 X .15 = 6.6). A minimum of 6.6± acres of native vegetation shall be retained on-site. 9.A.3.b Packet Pg. 414 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) September 21, 2021 Page 17 of 17 b. A management plan for Florida Black Bear and Fox Squirrel shall be submitted for review and approval at time of final plat or SDP for the project, whichever is applicable. 6. SPECIAL CONDITIONS a. No adult orientated sales are permitted. b. Outdoor music and televisions shall be limited to the areas facing Immokalee Road. There will be no outdoor amplified sound between the hours of 9 p.m. and 8 a.m. weekdays and 10 p.m. and 8 a.m. on weekends. c. Dumpsters located within 250 feet of external residential units shall be oriented away from the external residential units at the greatest extent possible. d. Delivery bays shall not abut external residential development. e. All pole lighting shall be limited to full cut-off shields. 7. PLANNING a. When the auto service bay overhead doors are oriented internally toward the residential development tract, a solid wall with a minimum height of six (6) feet shall be installed between the service bay and the residential tract. Landscaping shall be installed on the external side of the solid wall. b. All buildings constructed within the MPUD shall have common architectural theming elements which may include roof treatments, signage, color scheme and similar unifying design elements at time of SDP. 8. WATER MANAGEMENT a. The water management system serving development within the MPUD shall provide for the water quality pretreatment and attenuation for that portion of the property originally designed to be utilized for water management area for Immokalee Road; however, the area necessary to provide for required Immokalee Road water management may be relocated throughout the MPUD. Permitting for the overall water management shall be coordinated through Collier County and permitted by the South Florida Water Management District (SFWMD). 9.A.3.b Packet Pg. 415 Attachment: Attachment A-Ordinance - 092121 (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 1 of 21 Richard Yovanovich: You all, we’re gonna go ahead, and get started. My name is Rich Yovanovich, and I am the Attorney representing, Crown Management who is the current owner and developer of the neighbor – the Estates Shopping Center piece of property which is at the corner of Golden Gate Boulevard and Wilson Boulevard, and the purchase – the contract purchaser of the roughly 50-acre parcel of property that’s at the Randall – Northside of – of Immokalee Road at the Randall Curve piece of property that’s currently owned by the County. We’re here tonight to do, the County required neighborhood information meeting that is part of the process for doing a growth management plan amendment and for a rezone of a parcel of property. We are – we are in the process of amending the current Estates Shopping Center growth management plan subdistrict, and the, PUD, planned unit development zoning district that is on that piece of property. And we’ll go through in the details of what we’re doing there. Related to those two petitions is a growth management plan amendment for the 50 acres owned by the County. The parcel will be rezoned to planned unit development well. A condition of our acquiring the property is the successful rezone of the County property and the successful rezone of the property currently known as the Estates Shopping Center. Therefore, if we are unsuccessful either of those, basically, the land will stay as it is currently zoned, uh. As part of the neighborhood information meeting process, we are recording the – we record the meeting. We are having some Zoom participants. So, I – I – I tend to pace. So, if I am– Sharon will bring me back in front of this camera, so there’ll be Zoom participants. We’re gonna – we’re gonna go over both petitions, and then we’re gonna open up for questions or comments. When you do speak if you come up to the microphone so we can catch the recording. Also, you’re not required to, but the Planning Commissioners prefer if you would identify yourself for the record as you – you could be generic and say I’m a resident of Golden Gate Estates near the Estates Shopping Center or I’m a resident of Golden Gate Estates near the Randall Curve property if you don’t want to say your name. But they – they want to know who’s commenting and their relationship to the proposed project so they – they can better 9.A.3.c Packet Pg. 416 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 2 of 21 understand the context of people’s comments. We will try to always say for the record, Rich Yovanovich speaking, and Wayne Arnold will – will do the same for himself. Um, they just wanna know who’s talking so they – they can get a better, understanding. We have – sorry – I want to introduce our team, and then we have some County Representatives here. Actually, when I initially spoke, I’m technically the Trustee that owns the property. I don’t really own the property, but it’s titled in my name, uh. So, I’m – I’m the Applicant on all of these petitions, uh. I’m also the Land Use Attorney on this. Wayne Arnold with GradyMinor is our Professional Planner. His boss is Sharon. He’s been receiving all the correspondence with Sharon. If you have any questions, I’m sure your point of contact will be Sharon or Wayne. But if you have any questions after this meeting, you can contact either of them. Mark Minor’s not here, but he’s a Civil Engineer on the project. Jim Banks is our Transportation Consultant, and Marco Espinar is our Environmental Consultant. We didn’t bring Marco into this meeting because I don’t know that there are really any environmental issues related to either of the petitions. But if, you know, some questions come up, we’ll get back to you on any of those – those questions. As I have – this is – this is the roughly, 60 acres that’s the Estate – Sharon Umpenhour: Forty. Richard Yovanovich: Forty acres, sorry. The 40 acres that’s the Estates Shopping Center property at the corner of Wilson Boulevard and Golden Gate Boulevard, and the top portion is the yellow. That’s the roughly 50 acres that we have under contract with the County, uh. As I mentioned, they’re – they’re related petitions, and I’ve already forgotten to introduce Nancy Gundlach who is a Professional Planner on – which one are you? Which one’s yours, Nancy? Nancy: I’m on the Randall Curve. Richard Yovanovich: She’s – she’s the planner for the Randall Curve property, and James Sabo is on Estates Shopping Center, and I think participating by Zoom is Corby Schmitt. Is he on the Zoom? Female Speaker: Yes, yes. 9.A.3.c Packet Pg. 417 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 3 of 21 Wayne Arnold: And Anita Jenkins. Richard Yovanovich: He – he – who else? Anita Jenkins: And Anita Jenkins. Richard Yovanovich: And Anita Jenkins are both – they are – they are handling the growth management plan amendments, and Anita actually supervises both the, growth management plan staff which is Corby, and the planning staff which is, Nancy and James. If you have questions of any of the County Representatives, they’re – they’re – they’re readily available. You know, I’m sure they have business cards, and if they don’t, they’ll give you their email addresses. And you can, you can contact them with any – any questions you may have, uh. We’re pretty informal. Really what we wanna do is tell you what we have planned with the petitions and then we wanna get your input. We also have representatives from Shy Wolf, who is, gonna be involved in the Estates Shopping Center property. So, if questions come up regarding Shy Wolf, those questions can be answered. I’m gonna turn it over to Wayne to go over the two petitions, and then we’ll answer any questions you may have. Wayne Arnold: Thank you, Rich. So, sure. Thank you. I’m Wayne Arnold as Rich said and here representing both petitions, and there are a total of four. They’re, growth management plan amendment and a rezoning application – Wayne: – for both applications on both sides. So, what we’re gonna do is go through as Rich said both applications together, and then we’ll take questions. We just thought it’d be more efficient than to break and have questions and answers on one and then the other. So, hope you indulge us if you’re here for one or the other as you’re gonna hear a little bit about both because as Rich mentioned they are related. So, the property for the Estates Shopping Center which I’ll go through first is zoned planned unit development. We’re amending that planned unit development. It’s also part of the Estates Shopping Center subdistrict which is growth management category. We’re amending that as well. And it’s – the – the easiest way to summarize our changes is that we are – it’s not – we are –essentially the Estates Shopping Center was approved for 150,000 square feet of 9.A.3.c Packet Pg. 418 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 4 of 21 commercial uses. It also required the first commercial use was going to be the grocery store. We are amending that request to reduce the commercial square footage to 50,000 square feet of general commercial type uses, and then we’re also making provisions for government uses. A whole series of those governmental uses because Collier County will end up with a – a nominal, 10-acre parcel out of the 40-acre piece. And then we’ve made provisions for Shy Wolf and its educational programming and then sanctuary use to be on the Western-most parcel. So, we’ve had to amend the growth management plan language to accommodate those changes as well as our zoning, which lists a very detailed, uses. So, a couple things, we’ve created two new districts out of here, the commercial district is pretty self-evident. It’s going to be right at the hard corner of Wilson and Golden Gate. But the Shy Wolf sanctuary parcel that we’re calling it, we’re calling it a semi-public use. And we’re going back and forth with staff so we may change that terminology, but it allows things like we’ve talked about, animal shelters, arboreta, exhibitions, their educational facilities. We’ve made provisions for them to have single-family residential and dormitory use because they are an educational facility, and they’re incorporation with Florida Gulf Coast or other universities that come and do some research on the animals. So, there will be provisions made for that residential component, that will probably initially utilize the single-family structures on the site for office space and some of the other uses that they have that eventually those, um, would be significantly modified, and they have a true education center established, and – and other structures. But for now, we’ve made provisions for them to have up to eight dwelling units on that property. The County’s parcel which will be the – [inaudible] [00:09:12]. Sorry about that, folks. It’s a little slow, but the County’s public uses, and I know there’s information circulating out there in the Estates about this. So, in the – the growth management plan, then we’ve made a provision for a total of 50 dwelling units. We haven’t been specific as to whether or not those are single-family or multi-family. The County asked us to make provisions for up to 30 units on the 10-acre parcel that they’re obtaining as part of this deal. So, in addition to all the administrative, governmental type facilities 9.A.3.c Packet Pg. 419 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 5 of 21 that we’ve listed here by standard industrial classification codes, we’ve also made provisions for there to be up to 30 multi-family units. The reality is because we have well and septic here, I don’t think it’s realistic that the County’s going to achieve 30 multi-family units on this parcel. We were asked to accommodate that as part of the request; so, we have. I know that that’s been some discussion out there about that, and we’ll be happy to hear those comments. But, again, we’ve also made provisions for single-family on the same parcel because should this deal not go forward, Crown Management that would control it, would then have the option to continue to do single-family that’s permitted by right today. So, it says in our language that the single-family would be subject to the state’s zoning district standards. So, you get what you could have today. So, the master plan that was approved as part of this growth management plan is the exhibit that’s on the screen. It identified all – a large development area and then areas for utility plant site as well as some lights and buffers. So, we are modifying that. The new subdistrict is, generic. This would be an exhibit to the growth management plan which you can see that we have three separate parcels identified as commercial, public, and semi-public. We depict the access points that we’re providing for the project on the master plan as well. The zoning master plan is a little bit more detailed than we showed on the growth management plan exhibit. This again is being modified to take out some of the detail in the footprints that were shown as future buildings on there. It’s going to be revised to be a little bit more generic, but again, the preserve buffer areas get depicted on here. The access aspects are depicted. And again, we’ve identified which parcels would be used for public, semi-public, or the commercial uses that are going to be retained. So, where we are in the process, we submitted a few months ago. We’ve been through a couple rounds of reviews. We’re – we’re required to hold this neighborhood information meeting prior to going to public hearings. So, we don’t have public hearings scheduled yet. But what will happen in this process, it’s a two-step process; we’ll have a transmittal process with the growth management plan assuming that the Board endorses it. They will take both of these, and they’ll say, “We’re ready to transmit the proposed changes.” 9.A.3.c Packet Pg. 420 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 6 of 21 They’ll go to the Department of Economic Opportunity, DEO at the State of Florida. The state gets 30 days to review those changes to determine if there are any state impacts or regional impacts, doubtful that they will weigh in on this, but it’s a part of the process we have to go through. And then after that process, we would then come back in the PUD document, the zoning document would come together with the comp plan amendment. And the Planning Commission would again hear it together, and then that would then be heard by the Board of County Commissioners for final action. And our goal here is that all four of these applications will come together and be heard at the same Planning Commission and Board of County Commissioner meeting since they’re interrelated. We think it makes more sense to be able to tell the whole story and deal with them in one – one time. So, that’s our goal. We don’t have hearing dates established yet, but our goal is to be through the process by June of 2021 which gets us there by – the Board takes a summer recess in July and August. So, our goal is to be completed in this process in June, no later than just next year. So, we think that’s a doable process although we don’t have hearing dates scheduled yet. The round of comments we got from staff were down to some fairly, I think, minor issues that are pretty easy to deal with. So, in a nutshell, that’s – that’s what we’re hoping to achieve, and with that, I’m gonna wrap up this presentation. And, Sharon, if you can bring up the Randall Curve as we’re calling it? It’s really the County’s property that’s at the corner of Randall/4th Street Northeast and Immokalee Road. So, I’m gonna spend a few minutes talking about that process as well. Again, it’s the same team so I’m not gonna through that information. Again, the location at – it’s – everybody calls this the Randall Curve property that’s been around a long time, so. We actually have a Randall Curve PUD that’s part of the process, but our subdistrict for the comp plans that – for the mockup of 4th Street – 4th East subdistrict. Again, this property today is zoned the Estates. It does not have zoning on it that would allow the mixed-use project we’re proposing. It’s also part of the rural Golden Gate Estates. Comp plan does not make provisions for this to be a commercial mixed-use project that we’re proposing. So, we’ve submitted, a new subdistrict that makes provisions for there to be up to 400 residential units on this property 9.A.3.c Packet Pg. 421 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 7 of 21 as well as 150,000 square feet of commercial uses. I’m gonna show you the proposed master plan for the Randall – Sharon Umpenhour: Go back, go back one. There you go. Wayne: – though this is the language that talks about our request. And a couple significant things I’ll talk about is that we’ve made provisions for a large variety of retail uses. I know that there have been several discussions with members of the Estates Civic Association and other, community residents that have talked about the need for services out in this part of the community. So, we’ve made a very broad list of uses that largely are C-4 type uses I would say of the maximum intensity. There could be a couple of others depending on how the County categorizes those that would be C-5 because we’ve made provisions for there to be potential large format retailer or big box store whether that could be a Lowe’s, a Home Depot, a Costco. We’ve made provisions for all of those as part of our request. It doesn’t mean that those are going to be necessarily located there, but we’ve made provisions for them. We also have provisions there for the other types of uses we know people desire which are restaurants and offices and dental offices and things of that nature. So, I would, you know, just to – to know that this is a mixed-use project, Sharon’s there’s something on my screen. It’s – it’s some sort of system update. I don’t know how to remove that. Let’s take a pause for a moment. Thank you. So, this is a proposed master plan that we’ve created for what’s called the Randall Curve PUD. It’s the – this makes use, we have designated areas that are preserve, residential and commercial. C stands for commercial; the R is for residential. Preserve is labeled as such. It is conceptual, but it identifies two primary access aspects on Immokalee Road. We also have a shared access point with the properties to the North that’s going through a similar process that we’re in today. They’re a little bit ahead of us. They’ve had their transmittal of the comp plan portion of their property to the State of Florida. So, we’re – we’re on track to being a couple months behind them. But the residential is sorta central to the site. We have our preserve area that separates us from the 4th Street residential. We have water management system that we have, and we’ve proposed no vehicular 9.A.3.c Packet Pg. 422 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 8 of 21 access to 4th Street Northeast. We would obviously make provisions for pedestrians and bicyclists to enter the site, but we prohibited vehicular traffic from accessing 4th. And we know that was an issue early on. When the County was looking at developing this themselves and we’ve heard that that’s an issue, and we were asked on the property to the North also to remove any access to 4th Street which they have done as well. But you can see on this particular property that the uniqueness of this is when you go out there today, the – at the hard corner of 4th and Immokalee Road, that area’s all the dry detention system for the County that was put in to satisfy the Immokalee Road widening project. So, that parcel is part of the acquisition. We have to take into consideration all of the drainage. So, we are going to have a larger system of either lake or dry detention to accommodate their five acres that they need today as well as the future improvements that they’re planning to make on Randall Boulevard. We have to accommodate some of the additional drainage for them as well in addition to our drainage. So, that’s been one of the unique challenges here, but nonetheless, we’ve accommodated. We can work around that, and we think this could be a very good, viable project. So, again, if we’re in the same process that I just described for you for the other Estates property which was we’re going to have the comp plan transmittal process. We going to have a PUD adoption at the same time that the comp plan would be adopted. And as Rich said, these are kinda bundle projects. One doesn’t happen without the other with the way that this has been structured. Again, no hearing dates have been established, but we are working toward that same June deadline I just described. And hopefully, we can, be there, and like I said before, we’re gonna take questions tonight. If you think of something after we leave here tonight, you’d like to communicate, Sharon has some cards at the back table. It’s easier to email or call her for information. We’re happy to share the presentation tonight with anybody who desires it. All the information’s available on the County’s website through CityView, or if you don’t feel comfortable using that system, Sharon would be more than happy to provide any of the comp plan information as public record or any of the zoning information to you as well. 9.A.3.c Packet Pg. 423 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 9 of 21 So, Rich, I don’t know if I left anything out, but I’m – I’m happy to answer questions. I will say one thing that one of the changes we did make on Estates that I failed to mention, we did even though we reduced the intensity of commercial from 150,000 – 50,000 square feet, we did add back end-use that we didn’t have previously, and those were medical offices. We made provisions for medical offices and veterinary clinics that were something that was, desired by some folks who’ve been interested in the Estates. So, we’ve added those uses, and we think they’re pretty benign uses overall and probably things that anybody who lives in that part of the community would probably utilize. So, with that, I’m gonna stop, and we’re gonna – do you wanna take the Zoom callers first, Rich? Richard Yovanovich: Let’s take people that are here first, and then, yeah. Wayne: Do the audience, okay, so, anybody who’d like to speak as Rich mentioned, you don’t have to give us your name if you don’t feel comfortable, but the Planning Commission wants to know if you’re part of our team’s feed or if you’re a resident. So, if you feel comfortable saying you’re a resident that way at least when the transcript gets created, they realize it’s not Wayne or Rich or Sharon or Jim talking, so. Anybody with questions, please, feel free to come up and use the microphone. We can sanitize it between its use, and –yes, ma’am. Come on up. Phyllis: Phyllis Lit – Phyllis Litka, the 2nd Street Northeast, um, all of this involves even though I live out that way on part of the curve, um, I’d like to know, the low-income housing that you wanna put in on 10 acres, that’s like four of my neighbors, how are you going to put 30 units? And when you say low-income, what are we talking? Wayne: Well, that – the low-income reference is not a term we use. Our language says essential service personnel that’s actually in the document, and – Phyllis: Okay, on – on my form, that’s what it says [inaudible] [00:21:23]. Wayne: – and I – I don’t know that that’s our letter that said affordable housing. Richard Yovanovich: Can I see that? Do you mind? 9.A.3.c Packet Pg. 424 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 10 of 21 Phyllis: Sure, yeah, absolutely. Wayne: Our language says essential service personnel, and that’s a term that the County’s recently started using to refer to first responders, teachers, nurses, county employees, people like that, who are essential service personnel in our community that seem to be priced out – out of the housing market. Phyllis: Yeah, I can understand that. Wayne: As I mentioned before, the 30 units is the number that the County asked us to provide. If it’s going to be multi-family housing, I – our – our opinion is just doesn’t work because of the septic system requirements. Phyllis: Right. Wayne: So, I don’t know that the County realistically is going to achieve 30 of those units in the – in the configuration of multi-family, but again, Rich, I don’t know you wanna add any more. But we were asked to include it; so, we did. Richard Yovanovich: Yeah. I – a – as part of this process, obviously – yeah, you can sit right there. I’m sorry. As – as part of this process, obviously, we – we had to coordinate with the County because they’re getting the 10 acres, and we – we basically said, “What would you like us to include on your property?” So, the County gave us their list of requested uses. I have been doing this for a while so I kinda figured when the County said they wanted to put 30 units on a 10-acre piece of property that basically can have four under the current state zoning, I thought that was, gonna meet some resistance from the residents of the Estates. And I said, “I’m happy to include it, but you need to be at the neighborhood information meeting to defend it.” And, I don’t think there’s anybody here from the County to address that. I don’t think Nancy or James are – are – are – they were not the people I spoke to, uh. So, the – the – Wayne is correct. What you received, eh – we are not proposing low-income housing. I don’t know who sent that out. We are – we are proposing essential service personnel – the 9.A.3.c Packet Pg. 425 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 11 of 21 County’s proposing essential service personnel housing, which is exactly what Wayne says, firefighters, teachers. But the number of units and the request for that use came from Collier County, uh. I think Commissioner McDaniels was on his way to this meeting. I just texted him to find out where he is, but he’s – he is on his way. If he doesn’t make it here before we get gone, I’m sure he’ll read the record. But I – I think there’s others here who also, have concerns about that use. So, we will obviously communicate that to County staff and, will follow their direction whether to remove that, um, request or not. But obviously, I know that’s – I knew that was gonna be an issue before I even submitted the document, so, with any more questions? Wayne: This is Wayne. Can I just read you the language that’s actually in the PUD document under public use? It says, “Essential service personnel housing not to exceed 30 units subject to develop standards for RM-6 zoning which would be the land development code.” So, that is what’s in the actual document. There’s also a provision for there to be multi-family units which was meant to implement that essential service personnel housing. But there are as Rich mentioned, there’s also a provision in there for single-family homes which is what could be there on that [inaudible – crosstalk] [00:24:53]. Richard Yovanovich: Right, and – and Tim’s okay. Tim and I had a conversation about this very issue twice, and – and I told him the reason we put single- family houses in there is if for some reason Shy Wolf does not close on their piece of property or the County decides they wanna develop it as the common state lots, we just wanted that as – as – as also an option. So, I mean, that clearly Tim would have an issue with that. I hope nobody else has an issue with that piece. Wayne: Thank you, any other comments, or questions? Tim: Tim Wallen, 111, 3rd Street Northwest, uh. We’re adjacent to the 40-acre, uh. As you guys know, we’ve been involved with this for 12 years now. So, when we started talking with Bob and, Shy Wolf and about the swap of the property, it seemed like, it was something real good for everybody in the community, for both sides, um. Again, the multi-unit, it would have to be low-income because they’re gonna be like 200 square feet if they put ‘em there. Um, you know, when we first started doing this, we discussed 9.A.3.c Packet Pg. 426 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 12 of 21 services from the County whether it be post office, police substation, some, you know, tag agency. I know it’s right across the street right now or some sorta County presence that – that’s needed out here, not housing. Housing just seems really stupid. The intersection is already stressed. Anybody that comes from the East traveling West to go there in the – to go to work in the morning, it – it’s already a nightmare trying to get through Wilson Boulevard. To put all those cars and all that right there is a huge problem, again, septic and water. I think everyone else is – everybody’s probably pretty comfortable with, but, you know, for the record, the – the multi – the multi-housing is – is – is definitely a – a killer. Male Speaker: Okay. Male Speaker: You know, it’s if – so I can just put it on the record, can I just get a show of hands how many people are opposed to putting that multi- family on that piece of property. Male Speaker: So, I’m just gonna count the number of – one, two, three – Female Speaker: All of us. Female Speaker: Eleven. Female Speaker: So, [inaudible – crosstalk]. Male Speaker: So, I would say, if there’s 11 – there’s 11 people present, and I think every one of them are not related to our team or Shy Wolf. So, I would say that pretty much everybody, is opposed to that. I just wanna – I just wanna put that on the record. So, both whoever reads the transcript knows so you all don’t have to come up and repeat yourselves. Or you’re welcome to come up anytime you want, but I just wanted to save some people some effort. Any other questions, comments before we go to people on Zoom? Jeff Curl: Yeah, for the record, Jeff Curl, um. I live actually off Desoto, but I do traverse Wilson and Golden Gate Boulevard quite a bit. I’m just wondering if the County has any intentions of doing rotaries at Wilson/Golden Gate Boulevard. That seems to be there brand-new, um, FDOT experiment and then how you guys would see traffic West of this intersection, and this 9.A.3.c Packet Pg. 427 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 13 of 21 may be more of a Jim question with maybe left turns, right turns coming out, signals expansions, turn lanes, and maybe a U-turn or two through the median. Um, I’m assuming you – you’re gonna remember from your time out there, too, Jim, um, that to the previous gentleman’s point that traffic through there at rush hour’s an absolute nightmare. Jim Banks: Yeah, right now, the only traffic signal’s – Jim: Well, my bill is still extra, but okay. Jeff: You didn’t sanitize this [inaudible – crosstalk] [00:29:06]. Jim: Maybe I can step way back here. Jeff: I’m gonna get the COVID. Jim: so, anyhow, to answer Jeff’s question, you know, obviously, the intersection at Wilson and Golden Gate is currently signalized – Jeff: Right. Jim: – there’s not enough separation between the E-western-most boundary of the property which is on 3rd Street to have a traffic light at that location. So, we will not have another traffic light service development, but that is one of the reasons that the commercial is in the corner of that – of that intersection now. And the lower intense uses are further to the West which will – it’s our interpretation will not warrant a traffic signal, at those – at those intersections. But, yes, when we’re going to the site development phase, we’re gonna have to look at extending some of those left-turn lanes to provide for U-turns and that type of thing, mostly for the commercial uses. So, there will be some upgrades there in that general vicinity to accommodate additional turning moves they’re gonna – but I do wanna point out that what is being proposed today is actually gonna generate substantially less traffic than what was previously approved. So, with this application, traffic demands from this 40 acres is going to be substantially reduced versus if it’s developed then with the 150,000. Jeff: So, this is gonna dovetail into our previous – 9.A.3.c Packet Pg. 428 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 14 of 21 Sharon: Can you guys hold on a second? Um, Jeremy, the Zoom participants aren’t able to hear Jim. [Crosstalk] Jim: Okay. Sharon: Go ahead. Jeff: So, that also brings back to your point about multi-family and increasing the density at that site with residential, I think that’d be another, you know, point raised when we [inaudible – crosstalk] [00:30:51]. Jim: Well, I – I would submit to you that I don’t think all the – all the uses that are being proposed could all fit on the 40 acres so some things gotta give. Jeff: Yeah, and I think I’m honed in on that essential service kind of the boondoggle that we keep talking about here tonight, um. Jeff: No, I just – the County’s trending, eh – again, FDOT getting a pave- type deal with rotaries and things like that to – to push traffic through quickly, you’re talking about two lights that are fairly close together, um. And so, yeah, perhaps they’re gonna keep that sequencing with each directional rush hour push, morning and at night, but, uh. I didn’t know if there were any preliminary discussions. Jim: As far as I know, they’ve got no plans to put a traffic circle there at that intersection. I don’t even think they have the right of way to do it, um. Jeff: I wouldn’t think with E’s there on the corner either, but. Jim: Right, so, but not – my interpretation is we will not see a round- about at that intersection. Jeff: Okay. All right, thank you, gentlemen. Male Speaker: Thank you, Jeff. Wayne: So, I guess without moving – 9.A.3.c Packet Pg. 429 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 15 of 21 Rich: Anybody else here that wants – yes, sir, come on up. Female Speaker: Wayne? Wayne: Yeah, I have sanitized the microphone [inaudible] getting COVID. Sharon: Sorry. I’ve already had it, so I don’t have to worry about it. [Crosstalk] Dave: My name is, Dave Meffin, um, 127th Street Northwest, and, so, even though it’s not right next to my neighborhood, it’s pretty close. And, I just, you know, I – I agree with this gentleman down here, but, um. I just wanna know anybody in our neighborhood who would be in favor of that. I mean, if you can find 10 people, I’d be happy. Wayne: You’re speaking about this essential service housing? Dave: Yes. Wayne: Okay. I – I think as Rich said, the show of hands was pretty unanimous that, those in attendance certainly aren’t supportive – Dave: I mean, if we had more time, and we could, you know, word of mouth a little more, we could get a thousand people in here; a thousand hands would be up, so. Wayne: Well, I – I have a little experience on this use of property, and I know you can get a lot of people out, right, sir? So, I – we – you know, we understand that will communicate to the County the, uh – the, unanimous opposition for those who are here to – including that multi-family housing, and I’m sure from watching James write that down right now, so. I’m sure that will be communicated to the powers that be, the County. Anybody else, anybody else here who wants to come up and speak before we go to those on Zoom? Laura: Hi, my name is Laura, and I’m a resident of the Estates. And, okay, that 10 acres, I’m like, “Why not make it a park? Why not make it something fun? And if you need to add a post office to it, you know, 10 acres is a good size, but we don’t really have enough free area out on the Estates for, you know, like kids’ playgrounds, stuff like that. They have plenty of it in the city. And so, I’m like, “Forget about that. Put it on that little 4th Street there. Well, we don’t wanna it there either, so, the essential service.” So, I’m just wanna make 9.A.3.c Packet Pg. 430 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 16 of 21 sure that my vote is no, and I’m just emphasizing that. Wayne: Okay, and just for you know to ma’am, this is Wayne Arnold for the record, but we include parks as one of the uses for the County parcel. It’s just – Laura: Okay. Oh – so, who decides once – Wayne: The County Commission ultimately will decide what use it would be there, but I think it’s pretty clear tonight the direction it’s headed with regard to the housing. Laura: Okay, thank you. Wayne: Thank you. Richard Yovanovich: I wanted to make two points, one, Commissioner McDaniels just entered the room, uh. Comm’r McDaniels: How’s everybody doing? Richard Yovanovich: And, just to recap, um, everybody in this room is opposed to essential service personnel housing, that 30 units on the County’s parcel in the Estates. Male Speaker: At Wilson – at Wilson and the Boulevard? Richard Yovanovich: Yes, yes, yes. Comm’r McDaniels: So, noted. Richard Yovanovich: I just want – wanted to make sure you’re aware of that. Female Speaker: We raised our hands. Richard Yovanovich: And – and it just – and it just – just kinda going back a little bit of history, you know, on the Estates Shopping Center parcel, that – that – the hard corner piece set between 1st and – and Wilson was formally a neighborhood center where commercial was supposed to go in the first place. So, we’re kinda going back to pretty much the original plan of – of Golden Gate Estates, by going through this process. And with that, any more questions or comments before we go to Zoom, participants? 9.A.3.c Packet Pg. 431 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 17 of 21 Wayne: Okay, going to Zoom, Sharon, you wanna go ahead and call names and see if we have any questions on Zoom if they raised their hand? Sharon: Um, if they speak, they can raise their hand; I can unmute them. Wayne: If you have a question or comment you’d like to make and you’re on Zoom, if you’d raise your hand if you – if you know how to hit that icon, and then Sharon will unmute. And we will be happy to let the rest of the crowd hear what you have to say. Richard Yovanovich: All right. How many – how many Zoom participants? Wayne: The question is how many Zoom participants do we have? Sharon Umpenhour: Fourteen but two are County staff, um. Wayne: So, we have 14 total Zoom participants and two of which are County. Richard Yovanovich: Anybody raising their hand? Sharon Umpenhour: No, but if you wanna ask them if they just – if someone wants to ask a question to unmute and ask a question. Wayne: Okay, so – so if you have a question, do – can you unmute, and then we’ll know that you do have a question? Sharon Umpenhour: It doesn’t look like anyone has a question. Wayne: I – I don’t – I don’t see anybody raising their hand or unmuting. So, I take it that none of our Zoom participants at this moment have question or comment, so. Anybody else in the room, Mr. Wallen, do you have a question? Richard Yovanovich: Wayne? Wayne, do you wanna, see if everybody on the Zoom call is opposed to the 30 units as well? Is there a way to find that out? Sharon Umpenhour: Oh, Scott Baxter has his hand raised. Wayne: We have, Scott Baxter, you have your hand raised. Do you wanna unmute and ask your question or make your comment? Scott, I’m not hearing ya. It looks like you’re still muted on our end. Sharon Umpenhour: You still – you have to unmute, Scott. There you go. 9.A.3.c Packet Pg. 432 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 18 of 21 Wayne: There you are. Scott Baxter: – unmute, I’m not sure if it’s working or not. Wayne: We hear ya. Scott: Okay. Um, I’m trying to – you know, you’re talking about putting 30 units on 10 acres. So, to be generous, we’re only gonna have three units per acre because then there will be no streets, no buffers, no sidewalks. Everybody that’s [inaudible] [00:37:47]. However, this property was promised as a park. Is that not in here? Male Speaker: It is not a park. Wayne: Today it is not a park. It is zoned for a commercial shopping center. Scott: I understand that. Is the property staying – I thought this property was promised to us as a park. Wayne: It – it – I’ll let Rich address that for you. Richard Yovanovich: Yeah. For the record, Rich Yovanovich, actually, what – what the property exchange agreement says is we would give the County the 10 acres. The County would then decide what it wanted to put on the property, and obviously, a park is an option and other government services is an option. To the list, the uses we got for this 10 acres came from Collier County. And this – the purpose of this meeting is for the community who – to give their input back to all of us about what we’re asking for as part of this PUD. And I assume you’re like the other members that are present that you oppose the multi-family option on that 10- acre piece. Is that correct? Wayne: Scott? Richard Yovanovich: Scott, can you – move? Scott: [Audio cuts out] [00:39:05] – Male Speaker: Broke up. Male Speaker: Breaking up. 9.A.3.c Packet Pg. 433 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 19 of 21 [Crosstalk] Female Speaker: He said he’s opposed. Richard Yovanovich: Okay. Wayne: Scott? Any other comments, Scott, or should we – anybody else on Zoom? Male Speaker: Yes, an upgraded Wi-Fi. [Crosstalk] Wayne: try again one more time. You’re still a little muddled. Anybody remember when you had antennas on your TV, and you had to smack it or stand like this? [Crosstalk] Is there anybody else on – on Zoom that – that wants to, um, speak? Sharon Umpenhour: Maggie Kemp. Richard Yovanovich: Maggie Kemp, it looks like. Wayne: Maggie Kemp, you’re up. Maggie Kemp: Hi, I just wanted to also voice my opposition to putting in low- income housing on such a small space, seems like the County seems to be forgetting about the residents and the impact on the residents that are around these projects. Wayne: Okay, thank you. Anybody else wanna make any comments on Zoom? Richard Yovanovich: Susan Risner – Rissen. Wayne: Susan, you’re up, Ruse – Rusing. Am I close? Sharon: No, she’s not on. Richard Yovanovich: She’s unmuted. 9.A.3.c Packet Pg. 434 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 20 of 21 Wayne: She unmuted. I just didn’t know if she wanted to speak or not. Sharon: She’s not got audio. Rich: Okay. Wayne: Oh, okay. anybody else on Zoom? Okay, one more go-round in here, anybody else wanna say anything? Phyllis: It’s me again, Phyllis Litka, question on the Curve. The 400 units, are those houses, or are those apartments? Wayne: They – they – they will be – we make – we’d make provisions for both, but it – it’ll be a multi-family, more likely a multi-family product. Phyllis: Okay. Wayne: It could be condos. It could be apartments. We – we don’t have that final decision yet. Phyllis: Okay. And when – next question, you said something about 4th ‘cause I live on 2nd, so, yeah, it’s the next street. So, 4th, they will not be able to come through 4th where they were gonna make that street, you know, behind all of, um, the storefronts? Richard Yovanovich: The, yeah, for the record, Rich Yovanovich, we – we – we – in the Curve property, the 50 acres were talking about tonight, there is absolutely no access on 4th other than we will make provisions for bicyclists or pedestrians that are coming up and down 4th but no cars will have access. Phyllis: Well, one of the other meetings that I was going to – had gone to, they were going to make a road. Yeah, mm-hmm, mm-hmm. Richard Yovanovich: And that – that was I think Wayne was involved in that one. It was the property to the North, um. Wayne: No – they no longer have access. That project removed their – any access and it’s prohibiting to have access to 4th. Phyllis: Oh, thank you. Okay, that’s why you should go to meetings. Wayne: We appreciate you coming. 9.A.3.c Packet Pg. 435 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 21 of 21 Richard Yovanovich: Anybody else? Tim: I – I was just gonna – I was just curious who the two County people were. Wayne: Mr. Wallen, Tim, why don’t you come forward? Sharon: You need to speak into the microphone, please. Richard Yovanovich: I’ll say it for you. Mr. Wallen wanted to know who the two County people were on the phone, and it was – I think I said it earlier, Anita Jenkins who is, Zoning Director, and, Corby Schnitt who is the Growth Management Reviewer – Plan Reviewer for this project. Those are the two County. Yes? Sharon: Actually, it’s Michelle Mosca for Anita. Richard Yovanovich: Okay, well, Michelle Mosca who, also is in Growth Management is sitting in for Anita Jenkins, and, she’s been with the County for quite a while and is familiar with the comprehension plan. Anybody else? All right, well, we thank you for coming and I hope everybody enjoys their holiday season and stay safe. Thank you. [End of Audio] Duration: 44 minutes 9.A.3.c Packet Pg. 436 Attachment: Attachment B-NIM Transcript (20072 : PL20190002356-Randall Curve MPUD) Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Randall Curve MPUD (PL20190002356) Application and Supporting Documents October 7, 2021 CCPC Hearing 9.A.3.d Packet Pg. 437 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com May 21, 2020 Ms. Nancy Gundlach, AICP Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for Public Hearing, Randall Curve MPUD Rezone (PL20190002356), Submittal 1 Dear Ms. Gundlach: A Collier County application for Public Hearing for a Planned Unit Development (PUD) rezone for properties located at the northeast quadrant of Immokalee Road and 4th Street N.E. is being filed electronically for review. This application proposes to rezone a 50+/- acre parcel to allow up to 150,000 square feet of gross floor area of commercial uses, senior housing uses and a maximum of 400 residential dwelling units. A companion Growth Management Plan Amendment (PL20190002355) has been filed concurrently with this application. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing for PUD Rezone 3. Evaluation Criteria 4. Utility Dedication Statement 5. Pre-application meeting notes 6. Affidavit of Authorization 7. Property Ownership Disclosure Form 8. Covenant of Unified Control 9. Addressing Checklist 10. Warranty Deed(s) 11. Boundary Survey 12. Aerial Location Map 9.A.3.d Packet Pg. 438 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Ms. Nancy Gundlach, AICP RE: Collier County Application for Public Hearing, Randall Curve MPUD Rezone (PL20190002356), Submittal 1 May 21, 2020 Page 2 of 2 13. Environmental Data Requirements 14. Traffic Impact Study 15. Historical Waiver 16. PUD Exhibits A-F 17. Deviation Justifications Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Richard D. Yovanovich GradyMinor File (RCIRP-19) 9.A.3.d Packet Pg. 439 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 1 of 11 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME DATE PROCESSED PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): _________________________________________________________ Name of Applicant if different than owner: _____________________________________________ Address: _________________________City: _______________ State: _________ ZIP: ___________ Telephone: _______________________ Cell: ______________________ Fax: __________________ E-Mail Address: ____________________________________________________________________ Name of Agent: ____________________________________________________________________ Firm: _____________________________________________________________________________ Address: ____________________________City: _______________ State: _______ ZIP: __________ Telephone: ____________________ Cell: ____________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________ Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. To be completed by staff Collier County a Political Subdivision of the State of Florida Richard Yovanovich, as trustee and not individually 4001 Tamiami Trail North, Suite 300 Naples FL 34103 239.435.3535 ryovanovich@cyklawfirm.com D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs FL 34134 239.947.1144 warnold@gradyminor.com 9.A.3.d Packet Pg. 440 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 2 of 11 REZONE REQUEST This application is requesting a rezone from: _________________________ Zoning district(s) to the ________________________________ zoning district(s). Present Use of the Property: _________________________________________________________ Proposed Use (or range of uses) of the property: _________________________________________ Original PUD Name: ________________________________________________________________ Ordinance No.: ____________________________________________________________________ PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: x If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; x 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 x The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________ Address/ General Location of Subject Property: __________________________________________ __________________________________________________________________________________ PUD District (refer to LDC subsection 2.03.06 C): Commercial Residential Community Facilities Industrial Mixed Use Other: ________________ E, Estates Immokalee Road Commercial Center CPUD Undeveloped residential Commercial N.A. N.A. 22 48 27 N.A. N.A.Golden Gate Estates Unit 22 Tract A See Exhibit D of the PUD Exhibits 7 83-84 37690040003 and 37690040100 1259 654 2,185,840+/-50.18+/- East side of 4th Street NE and on the west side of Immokalee Road 9.A.3.d Packet Pg. 441 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 3 of 11 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Metes & Bounds Description: _________________________________________________________ ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ E Vacant single family residential Orange Tree PUD and Randall Blvd Center PUD Commercial Orange Tree PUD Commercial E Single family residential N.A. N.A. N.A. N.A. N.A.N.A. N.A. N.A.N.A. N.A. Golden Gate Estates Area Civic Association PO Box 990596 Naples FL 34116 9.A.3.d Packet Pg. 442 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 4 of 11 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 9.A.3.d Packet Pg. 443 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 5 of 11 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? __________________________________________________________________________________ __________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered “open” when the determination of “sufficiency” has been made and the application is assigned a petition processing number. The application will be considered “closed” when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed “closed” will not receive further processing and an application “closed” through inactivity shall be deemed withdrawn. An application deemed “closed” may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of “sufficiency”. Further review of the request will be subject to the then current code. No 9.A.3.d Packet Pg. 444 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 6 of 11 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Package Treatment Plant (GPD Capacity): _________________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _________ Average Daily: __________ B. Sewer-Peak: _________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ Richard Yovanovich, as trustee and not individually 4001 Tamiami Trail North, Suite 300 Naples FL 34103 239-435-3535 ryovanovich@cyklawfirm.com N.A. 22 48 27 N.A. N.A.Golden Gate Estates Unit 22 Tract A See Exhibit D of the PUD Exhibits 7 83-84 37690040003 X X 150,000 s.f. commercial and 400 MF dwelling units 217,350 gpd 161,000 gpd 155,250 gpd 115,000 gpd June 2022 9.A.3.d Packet Pg. 445 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 7 of 11 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. N.A. Included with submittal 1 9.A.3.d Packet Pg. 446 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 8 of 11 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as ____________________________________________________ ____________________________________________________ (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for ______________ planned unit development (______________PUD) zoning. We hereby designate___________________, legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. ___________________________________ ___________________________________ Owner Owner ____________________________________ ___________________________________ Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this day of , 201__ by ____________________ who is personally known to me or has produced _____________________________ as identification. ____________________________________ Notary Public (Name typed, printed or stamped) 9.A.3.d Packet Pg. 447 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 9 of 11 Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 Completed Application with required attachments (download latest version) 1 Pre-application meeting notes 1 Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 List Identifying Owner and all parties of corporation 1 Signed and sealed Boundary Survey 1 Architectural Rendering of proposed structures 1 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 Statement of Utility Provisions 1 Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study 1 Historical Survey 1 School Impact Analysis Application, if applicable 1 Electronic copy of all required documents 1 Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Checklist continues on next page X X X X X X X X X X X X X X X X X 9.A.3.d Packet Pg. 448 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 10 of 11 Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy Original PUD document/ordinance, and Master Plan 24” x 36” – Only if Amending the PUD Revised PUD document with changes crossed thru & underlined 1 Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.” PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams (Director) Emergency Management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: City of Naples Utilities Other: ASSOCIATED FEES FOR APPLICATION Pre-Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 X X X X X X X X X 9.A.3.d Packet Pg. 449 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 11 of 11 Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. ___________________________________ _____________ Signature of Petitioner or Agent Date ___________________________________ Printed named of signing party Additional fee for the 5 and subsequent re __________________________________ X X X D. Wayne Arnold, AICP October 27, 2020 9.A.3.d Packet Pg. 450 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD (PL20190002356) Evaluation Criteria August 4, 2021 Page 1 of 10 RCIRP-19 Evaluation Criteria-r4.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. Provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. The Randall Curve Mixed Use Planned Unit Development (MPUD) is a 50.18± acre property located on northeast corner of the intersection of Immokalee Road and 4th Street N.E. The property is Designated Rural Golden Gate Estates, Estates Designation, Mixed Use District, Residential Estates Subdistrict on the Golden Gate Area Master Plan Future Land Use Map. A companion growth management plan amendment has been filed to create the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. This subdistrict provides for 150,000 square feet of commercial land uses and up to 400 dwelling units. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The planned unit development is located in an area, which has been designated for low density residential development on the County’s Future Land Use Map and Golden Gate Area Master Plan. The subject property is a suitable location for the proposed mixed-use project. The site has public water and sewer service available from Collier County Utilities and is directly accessible to six-lane Immokalee Road. The property is located immediately north of commercial development located at Randall Boulevard and Immokalee Road and is immediately west of developed and vacant commercial land located within the Orangetree PUD. The site is located immediately south of a pending 20-acre commercial project whose comprehensive plan amendment and MPUD rezoning are currently pending public hearing review. A vehicular interconnection to this property will provide for potential access to the signalized intersection of Immokalee Road and Orangetree Boulevard. During the restudy of the Golden Gate Area Master Plan numerous attendees at the various public meetings commented on their desire to have more commercial shopping opportunities in this area to better serve the growing population residing in Golden Gate Estates. The applicant has also had numerous discussions with representatives of the Golden Gate Civic Association, and they have expressed their support for a mixed-use project at this location. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation 9.A.3.d Packet Pg. 451 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Page 2 of 10 and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) Future Land Use Element: The 50.18± acre project is designated Rural Golden Gate Estates, Estates Designation, Mixed Use District, Residential Estates Subdistrict on the Golden Gate Area Master Plan (GGAMP), Rural Golden Gate Estates Sub-Element Future Land Use Map. A Growth Management Plan amendment application has been filed to establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. The proposed Immokalee Road/4th Street N.E. Mixed Use Subdistrict will permit 150,000 square feet of gross floor area of commercial uses, senior housing uses and a maximum of 400 residential dwelling units. Policies 5.3 and 5.4 of the Future Land Use Element require that rezonings must be consistent with the Growth Management Plan. Upon approval of the companion growth management plan amendment, which will establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict, the proposed MPUD amendment may be deemed consistent with the Growth Management Plan. Policies 5.5 and 5.7 of the Future Land Use Element discourage urban sprawl by confining urban intensities of development to those areas designated Urban on the Future Land Use Map. The site while not within the County’s Urban designated area, is located in an area of the County that is served by public water and sewer. The site is located in an area already having residential and commercial development at densities and intensities similar to those found in the urban area. Policy 5.6 requires that new developments shall be compatible with and complementary to the surrounding land uses as set forth in the Land Development Code. The proposed mix of residential and commercial uses are complementary and compatible for the area. The mixture of residential uses will complement the dominant large lot single family homes that currently exist in this area of Collier County. The proposed commercial uses are consistent with the expressed desires of many estates residents who have asked to have more opportunities for convenient shopping and dining near their homes. The MPUD Master Plan identifies significant native preservation areas adjacent to the nearest residential properties which act as buffers and a physical separation from these nearby homes, which ensures compatibility of the proposed and existing uses. 9.A.3.d Packet Pg. 452 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Page 3 of 10 Objective 7 and the implementing policies promote interconnection with adjoining neighborhoods and streets. The project has direct access to Immokalee Road. There is an opportunity for an interconnection to the north, which has been shown on the conceptual MPUD Master Plan. If the interconnection is permitted and constructed access to the signalized intersection of Immokalee Road and Orangtree Boulevard will occur. Transportation Element: Policy 5.1 requires that all projects are evaluated to determine their effect on 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. This MPUD application includes a comprehensive assessment of the transportation impacts associated with the project and concludes that adequate capacity exists to accommodate the proposed uses. Public Facilities Element: The property is served by potable water and sanitary sewer services. Water and sewer service will be provided by Collier County Utilities. No capacity issues have been identified or are anticipated in the future. Conservation and Coastal Management Element: Policy 6.1.1 requires that developments containing native vegetation communities must retain a percentage of existing native vegetation on-site. A portion of the site has been previously cleared for water management facilities used to provide attenuation and water quality treatment of stormwater runoff from Immokalee Road. Additional water management area will be needed in the future to accommodate grade separated improvements proposed for the intersection of Immokalee Road and Randall Boulevard. The MPUD and companion growth management plan amendment require the on-site preservation of approximately 6.6± acres of native vegetation. OBJECTIVE 7.1: Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17.) 9.A.3.d Packet Pg. 453 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Page 4 of 10 This project site is currently surrounded by either roadway or development. The parcel is bordered by a busy roadway along its entire western and southern boundary. This parcel fronts Immokalee Road which is a busy roadway. To the west is a roadway and single-family homes. Finally, to the north is a proposed commercial planned unit development. Thus, this project site would be considered isolated. This has a limiting influence as wildlife utilization. Several listed species will be considered during the permitting process. Prior to development additional permits will be required. During this permitting process, these issues will be reviewed. During the permitting process, a Black bear management plan would probably be required to limit human-bear interaction. The parcel is in USFWS Secondary Panther Consultation Zone. The project as proposed is required to preserve habitat on site. This habitat will be properly maintained aiding small mammals by provided some viable habitat. A fox squirrel management plan will probably be required during the SDP permitting process. The property is located in Wellfield Protection Zone (ST/W-4); The proposed uses will meet the requirements of the Wellfield Risk management overlay zone LDC 3.06.03. CCME Policy 7.1.1 indicates that incompatible land uses shall be directed a way from lands that are designated as Big Cypress Area of Critical State Concern, Natural Resource Protection Areas, Habitat Stewardship Areas, and Sending Lands. The subject property is not within, or adjacent to any of the environmentally critical areas identified in CCME Policy 7.1.1. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed uses will be physically separated from the nearest residential dwelling by a wide native vegetation preservation area which will provide adequate buffers between the proposed and existing uses. The conceptual MPUD Master Plan identifies that the proposed residential component of the project will be located between the nearby residences located along 4th Street N.E. and the commercial component of the MPUD. this transition and orientation of uses results in a compatible relationship between land uses. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The project will provide a minimum of 30% open space consistent with the requirements of the LDC, which will include native vegetation preserve areas, lakes, buffers and recreational areas. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 9.A.3.d Packet Pg. 454 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Page 5 of 10 The project will be subject to concurrency review at the time of site plan approval. Public facility capacity will either be available at that time or funded for improvement, concurrent with development within the MPUD. g. The ability of the subject property and of surrounding areas to accommodate expansion. The MPUD boundary is not proposed to be modified and cannot be expanded due to existing public roadways to the west and east, and residential and proposed commercial development to the north. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The MPUD includes development standards and conditions which will assure compatible and complementary development. The Master Plan also identifies buffers and preserves which are designed to ensure compatibility. 10.02.08 - Requirements for Amendments to the Official Zoning Atlas F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. Future Land Use Element: The 50.18± acre project is designated Rural Golden Gate Estates, Estates Designation, Mixed Use District, Residential Estates Subdistrict on the Golden Gate Area Master Plan (GGAMP), Rural Golden Gate Estates Sub-Element Future Land Use Map. A Growth Management Plan amendment application has been filed to establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. The proposed Immokalee Road/4th Street N.E. Mixed Use Subdistrict will permit 150,000 square feet of gross floor area of commercial uses, senior housing uses and a maximum of 400 residential dwelling units. Policies 5.3 and 5.4 of the Future Land Use Element require that rezoning must be consistent with the Growth Management Plan. Upon approval of the companion growth management plan amendment, which will establish the Immokalee Road/4th Street N.E. Mixed Use 9.A.3.d Packet Pg. 455 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Page 6 of 10 Subdistrict, the proposed MPUD amendment may be deemed consistent with the Growth Management Plan. Policies 5.5 and 5.7 of the Future Land Use Element discourage urban sprawl by confining urban intensities of development to those areas designated Urban on the Future Land Use Map. The site while not within the County’s Urban designated area, is located in an area of the County that is served by public water and sewer. The site is located in an area already having residential and commercial development at densities and intensities similar to those found in the urban area. Policy 5.6 requires that new developments shall be compatible with and complementary to the surrounding land uses as set forth in the Land Development Code. The proposed mix of residential and commercial uses are complementary and compatible for the area. The mixture of residential uses will complement the dominant large lot single family homes that currently exist in this area of Collier County. The proposed commercial uses are consistent with the expressed desires of many estates residents who have asked to have more opportunities for convenient shopping and dining near their homes. The MPUD Master Plan identifies significant native preservation areas adjacent to the nearest residential properties which act as buffers and a physical separation from these nearby homes, which ensures compatibility of the proposed and existing uses. Objective 7 and the implementing policies promote interconnection with adjoining neighborhoods and streets. The project has direct access to Immokalee Road. There is an opportunity for an interconnection to the north, which has been shown on the conceptual MPUD Master Plan. Transportation Element: Policy 5.1 requires that all projects are evaluated to determine their effect on 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. This MPUD application includes a comprehensive assessment of the transportation impacts associated with the project and concludes that adequate capacity exists to accommodate the proposed uses. Public Facilities Element: The property is served by potable water and sanitary sewer services. Water and sewer service will be provided by Collier County Utilities. No capacity issues have been identified or are anticipated in the future. Conservation and Coastal Management Element: 9.A.3.d Packet Pg. 456 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Page 7 of 10 Policy 6.1.1 requires that developments containing native vegetation communities must retain a percentage of existing native vegetation on-site. A portion of the site has been previously cleared for water management facilities used to provide attenuation and water quality treatment of stormwater runoff from Immokalee Road. Additional water management area will be needed in the future to accommodate grade separated improvements proposed for the intersection of Immokalee Road and Randall Boulevard. The MPUD and companion growth management plan amendment require the on-site preservation of approximately 6.6± acres of native vegetation. OBJECTIVE 7.1: Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17.) This project site is currently surrounded by either roadway or development. The parcel is bordered by a busy roadway along its entire western and southern boundary. This parcel fronts Immokalee Road which is a busy roadway. To the west is a roadway and single-family homes. Finally, to the north is a proposed commercial planned unit development. Thus, this project site would be considered isolated. This has a limiting influence as wildlife utilization. Several listed species will be considered during the permitting process. Prior to development additional permits will be required. During this permitting process, these issues will be reviewed. During the permitting process, a Black bear management plan would probably be required to limit human-bear interaction. The parcel is in USFWS Secondary Panther Consultation Zone. The project as proposed is required to preserve habitat on site. This habitat will be properly maintained aiding small mammals by provided some viable habitat. A fox squirrel management plan will probably be required during the SDP permitting process. The property is located in Wellfield Protection Zone (ST/W-4); The proposed uses will meet the requirements of the Wellfield Risk management overlay zone LDC 3.06.03. CCME Policy 7.1.1 indicates that incompatible land uses shall be directed a way from lands that are designated as Big Cypress Area of Critical State Concern, Natural Resource Protection Areas, Habitat Stewardship Areas, and Sending Lands. The subject property is not within, or adjacent to any of the environmentally critical areas identified in CCME Policy 7.1.1. 2. The existing land use pattern. 9.A.3.d Packet Pg. 457 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Page 8 of 10 The subject property is located at the intersection of a collector and arterial roadway. The properties located to the west are residential. To the north is undeveloped residential property and proposed commercial property. Properties to the east are zoned Orangetree PUD and are developed with single family homes and commercial land uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The MPUD includes all property under the control of the applicant. The MPUD meets all criteria for a PUD rezone and does not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The boundaries are not illogically drawn and comprise all of the property under the unified control of the applicant. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The property is currently zoned E, Estates. A companion growth management plan amendment has been filed which has demonstrated the demand for additional commercial and residential uses in this area. A rezoning is required in order to develop the proposed uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The MPUD document includes development standards to ensure that it is compatible with the immediately surrounding properties. The MPUD master plan identifies appropriate buffers and open spaces, which will further ensure that the development of the commercial and residential community will have no adverse impacts to the neighborhood. Access to the project is from Immokalee Road. 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. A traffic impact analysis has been submitted in support of the proposed amendment. No level of service issues have been identified and the site will have access to Immokalee Road, as well as a potential interconnection to the north with access to the signalized intersection at Immokalee Road and Orangetree Boulevard. 8. Whether the proposed change will create a drainage problem. 9.A.3.d Packet Pg. 458 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Page 9 of 10 The project will be required to obtain an Environmental Resource Permit (ERP) through the South Florida Water Management District. The ERP review evaluates historic surface water flows and controls the off-site discharge of stormwater from the site. The project will have internal water management facilities including detention areas to control the drainage for the project. No drainage issues will result from this project. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Given the limitation on building heights, setbacks, and the proposed buffering, there will be no reduction in light or air for adjacent properties. 10. Whether the proposed change will adversely affect property values in the adjacent area. The MPUD proposes to establish commercial and residential land uses. The uses are controlled by development standards in the MPUD document which provide setbacks from residential land uses. Development subject to the MPUD standards will not adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The addition of commercial and residential land uses should not be a deterrent to improvement or redevelopment 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 MPUD rezone is a companion to a growth management plan amendment. This process does not grant a special privilege to a property owner and the process is consistent with the process outlined in Chapter 163, F.S. for amendments to growth management plan. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing zoning is E, Estates which does not permit commercial and multi-family land uses. The amendment is necessary to establish commercial and multi-family land uses within the MPUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed rezone is in scale with the needs of the neighborhood and Collier County. 9.A.3.d Packet Pg. 459 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Page 10 of 10 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other adequate sites in Collier County for development of a mixed- use project; however, this proposed site is located in an area served by public facilities, has access to a six-lane arterial road and has been supported by many Estates Area residents. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The subject property is partially developed with a 5± acre water management area for the adjacent Immokalee Road. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There are adequate roadways and utilities available at the site. There are no public facilities deficiencies at the present time, and none will occur as a result of this project. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. The project is consistent with the proposed Immokalee Road/4th Street N.E. Mixed Use Subdistrict of the Growth Management Plan, and it is compatible with surrounding development. 9.A.3.d Packet Pg. 460 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.dPacket Pg. 461Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 462 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 463 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 464 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 465 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 466 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 467 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 468 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 469 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 470 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 471 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 472 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 473 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 474 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 475 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 476 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 477 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 478 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 479 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 480 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.dPacket Pg. 481Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.dPacket Pg. 482Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.dPacket Pg. 483Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.dPacket Pg. 484Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) PROJECT: Randa∥Curve Property FOL10 NO: 37690040003 REAL ESTATE SALES AGREEMENT I胤 評 滞 晰 緊 ♂辞 8詭 詣 電 glL出 8鯰 き 辞 留 忌 嚢 鶏 辞 ,■潔 l訳 here:nafter referred to as・ Se∥er"whose ma∥ing address is 3335 Tamianli Tra∥East,Naples,FL34112, and, RiCHARD D. YOVANOViCH, SuCCESSOR TRuSTEE (AND NOT :NDiVlDUALLY),hereinafter referred to as'Purchaser・ whose malllng address is c/o Crown Management Services,LLC,207 Cherry H∥:Drlve,Presto,PA 15142 WHEREAS,Se∥er desires to se∥the 47+/‐acre parcel deined below as the County Property for a cash payment and exchange of a 10 +/‐ acre pa“ン3 defned below as the Estates Shopping Property owned by Purchaser on the terms and condに ions hereinafter set forth VVHEREAS, Se∥er sha∥ retain a “useable" one―acre tract of land on the County Property to fac∥itate a County service bu∥ding to serve the commun:ty NOW,THEREFORE,in consideration of the recna:s,the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufFciency of which are hereby mutua∥y acknowiedged,itis agreed by and bet″een the parties as fo∥ows: I RANDALL CuRVE PRΩ PERIY The rea!property owned by Se∥er and to be sold to Purchaser,which is sublect to this Agreement,(hereinafter referred to as"County Prope■プ)islocated in co∥ier County, F:orida, is commonly known as the Randa∥ Curve Property and described on ExhibittA"attached hereto and made a part hereof 2 ESTATES SHOPPiNG PROPERTY The real property owned by Purchaser and to be conveyed to Seller,which is sublect to this Agreement,(here:naier refered to as・ Estates Shopping Property")is loCated in Col∥er County, Florida and described on Exhibit“B"attached hereto and made a part hereof 3 SALE.CONVEYANCE and EXCHANGE Se∥er agrees to se∥and convey Se∥ers nght,ttle and interestin and to the County Property less a one‐acre useable tract(40ne‐Acre Tractり to Purchaser,and Purchaser agrees to purchase the County Property from Se∥er atthe prlce and upon the terrns and conditions hereinafter set forth ln addition to the Purchase P∥ce(deined below), in eXChange for the County Property, Purchaser sha∥convey at no cost to Se∥er the Estates Shopping Property,at the ter7nS and conditions hereinafter set fOrth Both the County Property and the Estates Shopping are being sold in their “as is" condiJon THE “AS‐IS"NATURE OF THIS AGREEMENT APPLIES TO ALL ASPECTS OF BOTH THE COUNTY PROPERTY AND ESTATES SHOPPING PROPERTY THE PARTIES ACKNOWLEDGE ANDAGREE THAT THE ・ASJS" NATURE OF THIS AGREEMENT WAS THE BASIS FORDETERMIN!NG THE PURCHASE PR!CE THE PURCHASE PRiCE FOR THE COUNTY PROPERTY IS BASED UPON LAND VALUE ONLY AND NO VALUE HAS BEEN AT「RIBUTED TO ANY STRUCTURE OR OTHER IMPROVEMENTS CONSTRUCTED ONTHE COUNTY PROPERTY OR THE ESTATES SHOPP!NG PROPERTY NEITHER 9.A.3.d Packet Pg. 485 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) PURCHASER NOR SELL SHALL HAVE ANY MAINTENANCE OR RISK OF LOSS RESPONSIBILITIES WITH RESPECT TO THEIR RESPECTIVE PROPERTY. 4. EXECUTION OF AGREEMENT. Purchaser shall execute this Agreement in advance of submittal to the Board of County Commissioners. The date the Board of County Commissioners approve ot this Agreemenl shall be referred to herein as the "Effective Date'. 5. TITLE. Title to the County Property shall be conveyed to Purchaser by Statutory Deed and title to the Estates Shopping Property shall be conveyed to Seller by Special Wananty Deed. ln addition to the foregoing, both parties agree to execute an owne/s gap, construction lien and non-foreign affidavit, closing statement and all such other documentation requested by either party's attomey in order for it to obtain an owner's title insurance policy. 6. PURCHASE PRICE. The Purchase Price ("Purchase Price") for the County property is THREE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($3,750,000), payable by Purchaser to Seller. Within three (3) business days after the Etfective Date, Purchaser shall pay to Coleman, Yovanovich & Koester, P.A. ("Escrow Agent'), an initial deposit in the amount of ONE HUNDRED EIGHTY-SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($187,500) hereinafter referred to as ("lnitial Deposit"). Priorto the end of the ninety (90) day Due Diligence Period, if Purchaser has not elec;ted to terminate lhis Agreement, purchaser shall pay to Escrow Agent an additional sum of ONE HUNORED EIGHW-SEVEN THOUSAND, F|VE HUNDRED DOLLARS ($187,500), hereinafter referred to as ('second Deposit") so that the total deposit equals THREE HUNDRED SEVENTY-FIVE THOUSANO DOLLARS ($37S,OOO) and shail be non-refundable except for Seller's default or Purchaser's failure to obtain all required County land use entitlements and all required State and Federal approvals set forth in Section 8, below. The lnitial Deposit and the Second Deposit shall collectively be refened to as the 'Earnest Money." The balance, after credit of the Earnest Money and any prorations and adjustments, shall be paid by PURCHASER to SELLER at closing of this transac{ion. 7. INiECTION PERIOD AND DUE DIL|GENCE. purchaser shail have a period of ninety (90) days from and after the Effec{ive Date ("Due Diligence Period") to inspec{ the county property, including the right to make engineering and soil tests, analyses and other investigations, and to investigate and/or review any other facts, circumstances or matters, or to perform any and all due diligence, which Purchaser deems relevant to the purchase of the County property. This Agreement shall terminate if prior to the expiration of the Due Diligence period, purchaser delivers to Seller written notice that lhe County Property is not suitable to Purchaser for any or no reason in Purchaser's sole and absolute discretion. lf Purchaser terminates this Agreement pursuant to this section, then upon such termination, Purchaser shall receive an immediate refund of the lnitial Deposit then held by Escrow Agent, end thereafter neither party shall have any further obligations to the other hereunder. 8. LAND USE ENTITLEMENT CONDITIONS. Purchaser's obligation to purchase the County Property and exchange the Estates Shopping Property is contingent upon purchaser obtaining: (a) final approval of any rezone, and any amendment(s) to the Collier County Growth Managemenl Plan and/or Land Development Code, as are necessary to obtain such rezone, to permit commercial and/or residential uses on the County Property acceptable to the Purchaser in Purchaser's sole and absolute discretion, and (b) an amendment to the Estates Shopping Center Sub-district and the Estates Shopping Center CPUD to eliminate the grocery store requirement and to add the Counly's proposed uses for essential public service to include, but not be limited to, workforce housing, senior housing, VA nursing home and an animal sanctuary. 9.A.3.d Packet Pg. 486 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Purchaser shall work with the Seller during the €ntitlement process to agr€e upon the legal description of the One-Acre Tract and to define and develop the appropriate development standards for the One-Acre Tracl. The One-Acre Tract will be fully mitigated and not required to provide preserve, open space, water quality and waler quantity management within the acre and shall have access to the main access road of lhe development. The Purchaser will work with lhe Seller's representative to define development standards that reduce the setbacks and buffering to the parent parcel during the rezone process, eliminate the grocery store requirement and obtain uses on the remaining parcel between Wilson Boulevard and l"tStreet Northwest acceptable to Purchaser in Purchaser's sole and absolute discretion. Ouring the entitlement process, at Purchaser's request, Seller shall execute all petitions to add the Purchaser's desired uses on the County Property including, but not limited to, a petition to amend ihe Collier County Growth Management Plan and a petition to rezone the County Property. The Purchaser shall use his best efiorts to obtain the land use entitlements within twenty-four (24) months of the execution of this Agreement. Should the purchaser fail to complete the entitlement process within thirty (30) months, then this Agreement shall terminate and the Earnest Money shall be returned to the Purchaser and the parties shall have no further obligations hereunder. 9. TITLE AND SURVEY EXAMINATION. A. Within forty-five (45) days after the Effective Date, Purchaser may obtain atitle insurance commitment with respect to the County property ("Tifle Commitment'). lf the Title Commitment reflects lhat tifle to the County prope(y is subjecl to matters that are not acceptable to purchaser, purchaser shall notify Seller of Purchase/s objections to the same in writing by no later than forty-five (45) days after the Effective Date, and the same shall be treated as defect(s) ("Objections"). Unless Purchaser timely delivers written notice to Seller of the Objections, Purchaser shall be deemed to accept tifle to the County property in its then existing condition. Seller shall, by no later than ten (10) days from and after receipt of the Objections, provide written notice to Purchaser stating whether it will cure (or attempt to cure) the Objec{ions, which decision shall be in Seller,s sole and absolute discretion. lf Seller elecls to cure (or attempt to cure) the Objections, Seller shall have until the expiration of the Due Diligence period (the.Cure period"). lf Seller does not agree to cure the Objections (or if Seller elects to attempt to cure one or more Obiections, but is unable to timely cure the same prior to the expiration of the Cure Period), Purchaser shall have the option of either: (i) proceeding with this transaction in accordance with the terms and provisions hereof and accepting all title matlers in their then existing condition; or (ii) terminating lhis transaction upon notice to Seller prior lo the expiration of the Due Diligence period, whereupon the lnitial Deposit shall be returned to Purchaser, and Seller and Purchaser shall be released from any and all further obligations and liabilities arising under or out of this Agreement. Despite the foregoing, Seller shall be required to cure defects in title related to monetary items such as liens or mortgages created by Seller or as a consequence of Seller's ownership of the County Property. Between the Efiective Oate and Closing, neither party shall encumber their respective property with any lien or other encumbrance that is not expressly permifted or reasonably contemplated by this Agreement or that cannot be satisfied or otherwise discharged by prior to or in conjunction with Closing. 9.A.3.d Packet Pg. 487 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) B. Within forty-five (45) days after the Effective Date, Purchaser may obtain a boundary survey of the County Property ("Survey"). lf Purchaser obtains the Survey, and the Survey correctly shows: (a) an encroachment onto the County Property, (b) that an improvement located on the County property proiects onto lands of others, (c) lack of legal access, or (d) encumbrances or defec,ts, then Purchaser may provide Seller with a copy of the Survey and notify Seller of any such encroachment, encumbrance or defect and the same shall be treated as Objections and are subject to the provisions of Seclion 9.A, above. lf purchaser has failed to terminate the Agreement prior to the expiration of the Due Diligence Period, then Purchaser shall be deemed to have accepied all survey related mafters in their existing condition. 10. PRORATIONS. ADJUSTMENTS AND CLOSING COSTS. A. The following items shall be prorated and adjusted between Seller and purchaser as of midnight of the day preceding closing: 1. All installments or special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by purchaser. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. 3. At the closing, the amount of proration and adjustrnents as aforesaid shall be determined or estimated to the extent practicable and lhe monetary adjustment shall be made between Seller and Purchaser. All such prorations and adjustment shall be final. B. Purchaser shall pay for all costs associated wilh this transaclion including, but not limited to all the associated costs of the land swap including zoning and use approvals, engineering, surveying, transfer, documentary taxes, and recording costs for any curative instruments. Purchaser agrees to pay the cost of publication of the legal notice soliciting bids on the Premises. Seller shall pay the costs of recording the conveyance instrument. 'l l. DEFAULTS AND TERMINATION. lf Purchaser defaults hereunder and such default has not been cured within ten (10) days afler written notice of such default lo Purchaser, then provided Seller is not in default, Seller's sole remedy shall be to terminate this Agreement by giving Written Notic€ thereof to Purchaser, whereupon the Eamest Money paid to date shall be retained by Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that Seller's aclual damages in the event of Purchaser's default are uncertain in amount and difiicult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. lf Seller defaults hereunder and such default has not been cured within thirty (30) days afier Written Notice of such default to Seller, and provided Purchaser is not in default, Purchaser may, at its option: (a) terminate this Agreement, whereupon the Eamest Money shall be returned to Purchaser and neather party shall have any further liability or obligation to the other, 9.A.3.d Packet Pg. 488 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) (b) enforce this Agreement by a suil for specific performance, or (c) pursue any other remedy available by law or in equity. 12. EXPENSES. Any and all costs and expenses incurred by Seller in connection with this transaclion, including, without limitation, associated costs of the land swap including zoning and use approvals recording fees, conveyance fees, public notice cost, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by purchaser. Notwithstanding the foregoing, Seller shall be responsible for Seller's legal fees and expenses. 13. INTERMEDIARIES. Any and all brokerage commissions or fees brought about by the action of Purchaser shall be the sole responsibility of the Purchaser. Purchaser shall indemnify Seller and hold Seller harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Purchaser as a real eslate broker, salesman or representative, in connec-tion with this Agreement, including costs and reasonable attorneys' fees incident thereto. Notwithstanding the foregoing, Seller represents and warrants lhat no brokers or realtors have been engaged by Seller with respect to the purchase and/or sale of the County Property or the Estales Shopping property. This provision shall survive closing of this transaclion. 14. CLOSING. Closing shall take place during normal business hours at the offices of the Escrow Agent, 4001 Tamiami Trail North, Suite 300, Naples, Florida, 34103, or such other location as parties may select, within 30 days from the date purchaser obtains the last of all necessary Counly, State and Federal approvals. 15. GENEML PROVISIONS. A. This Agreement, including all exhibits attached hereto and documents to be delivered pursuant herelo, shall constitute the entire agreement and understanding of theparties, and there are no olher prior or contemporaneous written or oral agrCements, undertakings, promises, warranties or covenants not conlained herein. B. This Agreement may be amended only by a written memorandum subsequen y executed by all the parties hereto. C. No waiver of any provision or condition of lhis Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, ac1 or default. D. Time is of the essence of this Agreement. ln the computation of any period provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. ln the event lhat any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only and shall not be construed as a part of lhis Agreement. 9.A.3.d Packet Pg. 489 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) W:TH A COPY TO: G. This Agreement shall be binding upon and shall inure to the benefit of the padies hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by Purchaser without the prior express written consent of Seller, which consent may be withheld for any reason whatsoever. Notwithstanding the foregoing, Purchase may elect to take title to the County Property in the name of a trust and/or entity related to Purchase or Robert Crown. H. Any and all notices permitted, or required to be given hereunder, shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail to the following addresses. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. AS TO SELLER:Collier County Real Property Management Attention: Toni A. Mott 3335 East Tamiami Trail, Naples, Florida 34112 Collier County Attorney's ffice Attention: Jeffrey A. KlaEkow, County Attorney W. Harmon Turner Building, 8h Floor 3335 East Tamiami Trail, Naples, Florida 34112 AS TO PURCHASER: Crown Management Services,LLC W!TH A COPY TO: Attention: Robert Crown 207 Cherry Hill Drive Presto, PA 15142 Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 L This Agreement shall be governed in all respects by the laws of the State of Florida. lf any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable paralegal and attorneys' fees and all out of pocket third party costs incurred in that action or prooeeding, including those related to appeals. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all the parties, and all of which shall b€ construed together as but a single instrument. K. Possession of the County Property shall be delivered to the Purchaser at Closing. Possession ofthe Estates Shopping Property shall be delivered to the Seller at Closing. L. The word "Closing", or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjoumed time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. 9.A.3.d Packet Pg. 490 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) M. This Agreemont is betr,\reen Seller and Purchaser and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by Seller pursuant to this Agreement. N. All the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by Purchaser. lf so recorded by Purchaser, this Agreement shall be deemed ipso facto canceled and terminated, the Eamest Money shall thereupon b€ retained by or paid to Seller as liquidated damages for such default, and Purchaser shall have no further interest in the County Property, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effecl, and have not been relied upon by Purchaser. 16. ESCROW AGENT. Escrow Agent shall not be responsible for any defaults hereunder by any party. ln the event of an actual or potential dispute as to the rights of the parties hereto under this Agreement, the Escrow Agent may in its sole discretion, continue to hold the Earnest Money until the parties mutually agree to lhe release thereof, or until a iudgment of a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit any monies and all instruments held puEuant to this Agreement with the Clerk of Court, Collier County, Florida, and upon notifying all parties concerned of such action, all liabilaty on the part of the Escrow Agent shall fully terminate, except to the extent of an account of any monies theretofore delivered out of escrow. All parties agree that Escrow Agent shall not be liable to any party or person whomsoever for any action taken or omitted by Escrow Agent, including but not limited to any mis-delivery of monies or instruments subject to this escrow, unless such mis- delivery shall be due to willful breach in bad faith of this Agreement or gross neglagence on the part of the Escrow Agent. All of the terms and conditions in connection with Escrow Agent's duties and responsibilities and the rights of Seller, Purchaser and any lender or anyone else, are contained in this instrument, and the Escrow Agent is not required to be familiar with the provisions of any other instrument or agreement, and shall not be charged with any responsability or liability in connection with the observance or non-obseNance by anyone of the provisions of any other such instrument or agreement. Escrow Agent may rely and shall be protected in acting upon any paper or other document which may be submitted to Escrow Agent in connection with its duties hereunder and which is believed by Escrow Agent to be genuine and to have been signed or presented by the property party or parties and shall have no liability or responsibility with respect to the form, execution or validity thereof. Escrow Agent shall not be required to institule or defend any action or legal process involving any matter ref€rred to herein which in any manner affects it or Escrow Agent's duties or liabilities hereunder unless or until required lo do so by the Purchaser or Seller, and then only upon receiving full indemnily in an amount and of such charac{er as Escrow Agent shall require, against any and all claims, liabilities, judgments, attorneys' fees and other expenses of every kind in relation thereto, except in the case of Escrow Agent's own willful misconduct or gross negligence. Escrow Agent shall not be bound in any way or affected by any notice of any modification, cancellation, abrogation or rescission of this Agreement, or any fact or circumstance affecling or alleged to affect the 9.A.3.d Packet Pg. 491 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) rights or liabilities of any other persons, unless Escrow Agont has received written notice satisfactory to Escrow Agent signed by all parties to this Agreement. 17. OTHER PROVISIONS: A. Seller and Purchaser have the right to maintain possession of their respective properties until the date of closing.89.A.3.d Packet Pg. 492 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) !NW:TNESS WHEREOF,the paFtleS have caused this Agreementto be executed as of the day and year lrst above wntten AS TO SELLER: I? L. McDaniel, Jr., BOARD OF 9.A.3.d Packet Pg. 493 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) AS TO PURCI-IASER (as to all): DATED: ′ヽ Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 ILL-. , ) ( Richard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1 , 2005 i)- > (-.._- Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust ,1t-t-' ) Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1 , 2005 (- Richard D. Yovanovich, as Successor Trustee of Land Trust 850.03'l under Land Trust Agreement dated December 'l , 2005 Print N.me: 10 9.A.3.d Packet Pg. 494 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Exhibil "A' County Propcrty All of Tract "A", Golden Gate Esrates, llnit 22, according to the plat thereol as recorded in Plat Book 7, Pages 8-j and 84 of the Public Records of Collier County, Florida, LESS AND EXCEPT that portion conveyed by Statutory Deed and recorded in O.R. Book 4079, Page 1358. 9.A.3.d Packet Pg. 495 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Exhibit・ B" Estates Shopping Property 9.A.3.d Packet Pg. 496 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) IRCT 76 1 I RACI Ю5 IRACl l12 1 I TRri 141 (0R 26{0, PC ll57)(OR 4098 PC 5964) S89°40150"E (OR 5315 PC 2493) 10R519■lΨ l (ORコ 97 PC 5527)(OR 519' PC 0351) TRACT 143 L________ 60 印 ヽ sPお り・[ | |∂`OaクNN 巨40150・ ■ 1瞳 1 87 1 r―――――――十一―――――― ■―――RC,80-|BLつ 4801m'_1___1 ! Ttt1 124爆T89 1 7●▲rI I||1PROPERIY DESCR:PT10N A PARcCL OF しNND BEINC ttL OF TRACT ::O ANO A PORTЮ N OF TttTS i09 AN0 漱E輔 謙 櫛 典鵠渉RⅧP占 躙 懲1よ 朧 ∥艦ぎ%〔おぉど∫E暇 踪 器 .雉 、.器 罐 鷲N出 ピ‰uI I∥[OF SND PLAT SOuTH 8940・ 50・ 邸 7. 840 00 FEET ro THE POINT OF 8EONNINC OF THE PARCEL OF LAND HEREIN DESCR,8ED: 了H〔NC〔 NORTH Oσ :9'10・ EAST, A DISTANC■ OF 93500 FEET: THENCE SOuTII 詳鼎ЪrttN:fⅧl‰ぎT∬。PttT腱:晰 馬器1社 sotrH oo19'10・ WEST. A DSTANCC OF 93500 FEET TO A PONT ON IHEAFOREMENT10ED SOuTH しINE OF SNo PLAT, 7HENC〔 ALONC SNO SOuTH LINE. NORTH 8g40 50・ WESI.A DISTANCE OF 480 00 FEE了 10 THE PON7 oF BECINNINC CONTttNING 10 30 ACRES. MORE OR LESS NOTESi : BEARINCS SHOWN HERCON ARE OASC0 0N TIIC SOuTH LINE O「 GOLDENCATE ESTATES UNIT N0 11. AS RECOROED lN PLAT 800К 4 PACES 103AND 104, OF THc PuBLIC RECORDS OF COし にlER COUNTY, FLOR10A, AS 8〔INC N 8940.50‐W2 0!MCNSiONS SHOWN H〔REON ARE IN U S SURVEY FEET AI10 0EC:MALSTHEREOF5 1HIS SKEICH AN0 0ESCRIPTloN lS EQI VAL10 W:THOuT THE ORCINAL S,CNATυ RE ANO SEAL O「 A LiCENS[D FLOR:DA SURVEYOR ANO MAPPER NO A001T10NS OR DELE了 !ONS TO THIS SKETCH & DESCRIPT10N MAP AREP[RM1lTED WITHOuT THE EXPRCSSEO WR1lTEN CONSENT OF THE SlCN:NCPARTY LEGttND: POC ttNT∝Cい “ N鮨 嘔NTP00 pONT∝BEO叫 鰊 mCALは 蜘SB鰍PB PLAT 000K PC PCISl 0 100' 200・ 400' SCALE: 1" = 200' THIS PLAN MAY HAVE BEEN ENLARCED OR REDuCED FROM INTENOED D,SPLAY SCALEFOR REPRODuCTloN REASONSGOLDEN CATE ESTA'ES uMI NO!2(PB 4,PC 105) DRAM BY: KIG GradyMinor Ci宙 I Englncers o Land SuⅣeyors . Cert orAuth EB IXX15,51 Cert orA●th LB IXX15151 0. Gr80l{lror ol.t Aaroclotcr, Prt. 3800 Vta Dcl Rcy Botrlt sprlrt!, Plorlds 3,1134 PlannelB . Landscape Archltscts Autnc l,C 28tXrO2€0 SKETCH AND DESCR:PT:ON 格 ッ∠上 CHECKED BY1 0LS 000 C00C: 臼 0 00 ESTATES SHOPPiNG CENTER COLLiER COUNTY PARCEL LY:NG iNSECT10N 4,TOttSHIP 49 SOUTH,RANGE 27 EASTCOLL:ER COUNIY,FLOR:DA ―E: 1・ =氣r OATE: O AuCuST 2010 FlLE 1●・214・1 釧EET: ldl %w構:3oniL●SoHnm:2m0471144 9.A.3.d Packet Pg. 497 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 FIRST AMENDMENT TO REAL ESTATE SALES AGREEMENT This First Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of December p, 2019, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24,2019(the "Agreement"),relating to the purchase and sale of a 47+/-acre parcel commonly known as the Randall Curve Property and legally described on Exhibit"A" attached to the Agreement. B. Seller and Purchaser hereby amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: 1.Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to January 31, 2020. 2.Second Deposit. Purchaser's Second Deposit shall be due prior to the end of the Due Diligence Period as extended hereby. 3.Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of the parties hereto shall be governed by the terms of this Amendment. 4.Counterparts; Facsimile; Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof, it shall only be necessary to produce one such counterpart. For purposes of this Amendment,any signature transmitted by facsimile or e-mail (in pdf. or comparable format)has the same legal and binding effect as any original signature. 1 9.A.3.d Packet Pg. 498 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) IN WITNESS WHEREOF,this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. SELLER: DATED: De, (0 , 2019 ATTEST: BOARD OF C •i COMMISSIONERS OF CRYSTAL K. Kf sL Clerk COL IEgirr DA Adik0,b40"L-k-C‘—' By: Dety Clerk W;/ iam. L. McDaniel, Jr., 'airman Attest as to Chairo signatirOonI A .. Approved as To form and legality: Alb JenArr B. Belp-:'o Asst. County Attorn- O 2 9.A.3.d Packet Pg. 499 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) AS TO PURCHASER (as to all): DATED:l 19 Th M t Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement laatvia, pit ivP`CU"Li la_)_ Dated June 10, 2009 known as Trust Witness (Signature) Number 850.045 Print Name: i do n 41A n 1'10 4'''Lx .- 7--D." - ' Witness (Signa ure) Richard D. Yovanovich, as Successor Print Name: D ,,A i , ;(-1 r n i L q Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1, 2005 ill die/60.044`6'iLtd(2-- 4 ,A ..,,..A"' -----) ------ Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust A.,./1/4 ,- ) , Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 4. ,A....k. :,,i-Th , Richard D. Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 3 9.A.3.d Packet Pg. 500 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) PROJECT:RANDALL CURVE PROPERTY FOL10 NO.:37690040003 SECOND AMENDMENT T0 REAL ESTATE SALES AGREEMENT hoe馴 潔 謡 金躍 邸 蹴 罵:T鸞 淵 Ξ鯖 暇 贅:識 器 冊 :な 品庶 鏃 憮OF COLLIER COUNTY,FLORIDA("Seller'),and RICHARD D.YOVANOⅥCH,SUCCESSORTRUSTEE(AND NOT INDIVIDUALLY)("PurChaser∥)RECITALS: A Seller and Purchaser havc cntcrcd into that ccrtain Rcal Estatc Salcs Agrecmcnt dated September 24,2019,as irstamcnded on December 10,2019(the∥Agrccment"),relating to the purchase and sale ofa 47+/‐acrc parccl cOmmonly known as thc Randan curve ProPcrty and lcgally describcd on Exhibit``A''attached to the Agreement B Seler and Purchaser hereby fulther amend the Agreement as more particularly provided for herel■.C Capitalized telllis used but not deflned in this Amendment shall have the sme meaning asc」bed to such capitalized te..1=sin the Agreement. AGREEMENT: NOW,THEREFORE,for and in considcntion ofthe mutual cOvenants contained herein and for other valuable consideration,the receipt and sufrtciency of which are hereby acknowiedged,Seller and Purchaser hereby agree the Agreement is alnended as fo∥ows: l Due Dlligence Period Purchaser's Duc D∥igence Pe」od(as deflned in SectiOn 7 of the Agreement)iS hereby extendcd to March 31,2020 2 Second Deposit Purchaser's Second DepoJt shJl be duc pHOr to thc end of the Due Diligencc Penod as extended hercby 3 -On and COninnatlon Except as provded herein,an tcnns and provヽ 10ns ofthe Agreement and the Hghts Ofthe parties thereunder shan remain unchanged and in fuli force and efFect Thc Agrccmcnt as lnodi6。d and amendcd hcrcby is hereby ratifled and conflllllcd in ali rcsPcctS In thc event ofa connict between the teHlis ofthe Agreement and the tenns hereot thc rights and Obligations of the parties hereto sha∥be govemed by the te∥∥s ofthis Amendment 4. cOunterpartsi Facsimilet Email This Amendment may be executed in any number of counterparts with the same efTect as if all parties hereto had signed the same document All such counterparts shal be construed together and JYll constitute one instrumcnt,but in secHng proofhereol it shall only be ncccssary to produce one such countcrpart For purposes ofthis Amcndment,any signaturc ① 9.A.3.d Packet Pg. 501 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect ss any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the &te first above written. DATED:.r*uaryr[,"hZO Approved as to form and legality: SELLER: BOARD OF COUNTY COMMISS10NERS OF Bun L. Saunders, Chairman Jennifer B. Belped CO By:L9.A.3.d Packet Pg. 502 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) AS TO PURCHASER(as to a∥): DATEE):Januaryノ 彎∠′2020 4榛 ―Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 /F_た め―Richard D. Yovanovich. as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December I . 2005 ■^―Richard D. Yovanovich, as Successor Trustee of the Colden Gate Boulevard West Trust 4ん も⌒ Richard D. Yovanovich. as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated Decembet l, 2005 ↓ス√ゝ摯 Richard D. Yovanovich. as Successor Trustee of Land Trusl 850.031 under Land Trust Agreement dated December l. 2005 9.A.3.d Packet Pg. 503 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) PROJECr:RANDALL CURVE PROPERTY FOL10 NO.:37690040003 THIRD AⅣ【ENDMENT T0REAL ESTATE SALES AGREEMENT This Lrd AmendmenttO Real Estate Sales Agreement(thS"Amendment∥)iS made and enteredinto efFective as of March 24,2020,by and betweenthe 30ARD OF COUNTY COMMISsloNERS OF COLLIER COUNTY,FLORIDA("Scller"),and RICHARD D.YOVANOⅥCH,succESSORTRUSTEE(AND NOT INDIVIDUALL■つ("Purchaser) RECITALS: A Seller and Purchaser havc entered into that certain Real Estate Sales Agreement dated Septcmbcr 24,2019,as flrst alnendcd on December 10,2019 and as n】rher anlended on January 28,2020 (the"Agreement"),relating to the purchasc and salc of a 47+/‐acre parcel conlmonly known as thc Randali Curve Propeny and legally descHbed on Exhibit“A"attached to the Agreement ぉrhctt SellermdPurchsahc“けhlthCr amed he Ag“emcmぉ moκ ttLJdy provided C Capitalized temas uscd but not dcflned in ths Amendmcnt shall have thc salnc meanlng ascHbed tO such capitalized te111ls in the Agreement. AGREEMENT: NOW,THEREFORE,for and in consideration of thc mutual covenants cOntdned herein and fOr ottr vduabL cOn並 面b■the κctt ad Sumd:鶴 庶1に h ttC hc“by“bOucdged,sdLr mdPurchn゛ r here,agrCe the Agreementis amended a l Due Diligence PcHod Purchascr's Duc Diligcncc Pttod(aS deincd in ScctiOn 7 ofthc Agreement)iS hereby cxtended to Mγ 29,2020 2 Second Deっ osit Purchascr's Second DcpoЫ t shdl bc duc pHOr to thc end Ofthc Duc Dnigcnce Pc五 od as extcnded hereけ Ag“ettt謂 紙蹴躙諸認識翼」雷 獣 お 「 °宙 “ d hCd軋 洲tcms md pЮ 宙ЫOns Of山 ,hall renldn unchanged and in ill fOrce and efFect The Agrecment as modifled and amended hereby is hercby ratined and confllllled in all respccts ln the 篇 出 糧 t甜 :t霊躍 L盤 蠍冨 」譜 :鋸 聯 器 :電 鵠 1酬 :he“ 。1血 Hghs adOmg“。ns of 4 COunt∞魏 F“J副 O Emall Ls就 『燎 1脳 滉 Ⅷ鳳 :淵 明 ヽ 」counterParts uith the sall■e effect as if all parties iⅧ聡織 鳳野l明 謂燎轟淵恣 、l蹴 出鶴よ胤癬焉器」罵 ソ|¨ 9.A.3.d Packet Pg. 504 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) signature transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect as any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as ofthe date first above written. SELLER: 30ARD OF COUNTY COMMISSIONERS OF By: 、メl10N゛ ゛ DATED:March』±2020 COLLIEミ ■OUNTY,FLOBIDA Burt L. Saunders, Chairman や asApprovcd 9.A.3.d Packet Pg. 505 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) AS TO PURCHASER(as to a11): DATED:March ttL 2020 Witness (Sign Print Name: {,u-. >--< Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 力=、.ЪR Richard D. Yovanovich, as Successor Trustee ofland Trust 850.028 under Land Trust Agreement dated December l, 2005 ネんヽ cレQ Richard D. Yovanovich, as Successor Trustee of the Golden Gale Boulevard West Trust 櫻 ヽ_Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 ↓ん 、_Richard D. Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December l, 2005 illa や Witness 9.A.3.d Packet Pg. 506 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 FOURTH AMENDMENT TO REAL ESTATE SALES AGREEMENT This Fourth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of May 26, 2020, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D, YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDMDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24,2019, as first amended on December 10,2019, as second amended on January 28,2020 and as further amended on March 24, 2020 (the "Asreement"), relating to the purchase and sale of a 47 +/- acre parcel commonly known as the Randall Curve Property and legatly described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenanls contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agrcement is amended as follows: L Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to June 30, 2020. 2. Second Deposit. Purchaser's Second Deposit shall be duc prior to the end of the Due Diligence Period as extended hereby. 3. Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights ofthe parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations ofthe parties hereto shall be governed by the terms ofthis Amendment. 4. Counterparts: Facsimile: Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterpar"ts shall be construed together and shall constitute one instrument, but in seeking proof hereol, it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any 9.A.3.d Packet Pg. 507 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) signature transmitted by t'acsimile or e-mail (in pdl'. or comparable fbrmat) has the same legal and binding effect as any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser 1o be effective as ofthe date first above written. SELLER: DATED:May並 ,2020 BOARD OF COUNTY COMMISSIONERS OF Burt L. Saunders, Chairman Jenniler B. Belpedi Asst. County Attorn 9.A.3.d Packet Pg. 508 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) AS TO PURCHASER(as to a11): DATED: rra"y l,P. ZOZO Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 {l..L^.- -E__€ fuchard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December l, 2005 Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust lt \*\,- l\,/L-1_.r - -_) . >\ ' _ Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December I , 2005 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.03 I under Land Trus1 Agreement dated December 1,2005 9.A.3.d Packet Pg. 509 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 FIFTH AMENDMENT TO REAL ESTATE SALES AGREEMENT This Fifth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into eflbctive as of June 23, 2020,by and between the BOARD oF couNTy coMMIssIoNERs oF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24,2019, as first amended on December 10,2019, as second amended on January 2E,2o2o and third amended on March 24, 2020 and as further amended on May 26, 2020 (collecrively, the "Asreement"), relating to the purchase and sale ofa 47 +l- acre parcel commonly known as the Randall Curve Property and legally described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: l. Due Diliqence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to September 30, 2020. 2. Second Deoosit. Purchaser's Second Deposit shall be due prior to the end of the Due Diligence Period as extended hereby. 3. Ratification and Confirmation. Except as provided herein, all terms and provisions ofthe Agreement and the rights of the pa(ies thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and conlirmed in all respects. In the event ofa conflict between the terms oflhe Agreement and the terms hereof, the rights and obligations of the parties hereto shall be govemed by the terms of this Amendment. 4. Counterparts: Iracsimile: Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proofhereof, it shall only be necessary to produce one such counterpart. For purposes ofthis Amendment, any signature transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect as any original signature. ′、、 9.A.3.d Packet Pg. 510 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. DATED:June 23.2020 AΠ EST:BOARD O「COUNTY COMMISS10NERS OF Burt L. Saunders, Chairman 9.A.3.d Packet Pg. 511 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) AS TO PURCHASER(as to alり:DATED:June 9 2020 PrintName: IiapNr sgR Beefe$rO Richard D. Yovai-ovich, as Su-ccessor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 /-t-o>-<ffi, Trustee ofLand Trust 850.028 under Land 'l rust Agreement dated December l, 2005 Richard D. Yovanovich, as Successor Trustee ofthe Golden Cate Boulevard West Trus1 -(L,t-.>r< Richard D. Yovanovich, as Successor 'l'rustee of Land Trust 850.024 under Land Trust Agreement dated December I , 2005 Land Trust Agreement dated December I , 2005 WitnesS (Signature) PHnt Nalne:恥 _ J口 ιしヽャ Witness (Signath&) Richard D. Yovafl'ovich, as Successor Trustee of Land Trust 850.03 [ under =ヽ 9.A.3.d Packet Pg. 512 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 SIXTH AMENDMENT TO REAL ESTATE SALES AGREEMENT This Sixth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of July 14, 2020, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24, 2019, as first amended on December 10, 2019, as second amended on January 28, 2020 and third amended on March 24, 2020 and fourth amended on May 26, 2020 and as further amended on June 23, 2020 (collectively, the "Agreement"), relating to the purchase and sale of a 47 +/- acre parcel commonly known as the Randall Curve Property and legally described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: 1. County Property. The parties agree to increase the size of the County Property to 50.18 acres, more or less. Exhibit "A" attached to the Agreement is hereby deleted in its entirety and replaced with a new Exhibit "A" attached to this Amendment. 2. Purchase Price. The Purchase Price is changed to $3,828,000.00. 3. Closing Contingencies. As conditions of Closing, on or before the Closing Date, Seller shall ("Closing Contin encies"): a. Execute a release of the use restrictions and right of reverter (in recordable form acceptable to Purchaser) contained in deeds recorded in O.R. Book 3930, Page 356 and O.R. Book 4079, Page 1356, both in the Public Records of Collier County, Florida; b. Provide the necessary affidavits, lien waivers and estoppel letters to allow the title/closing agent to delete Schedule B-II exceptions 1, 2, 4, 5 and 6 as shown in Purchaser's title commitment prepared by First American Title Insurance Company Revision Number 4 dated January 13, 2020 ("Title Commitment"); and 9 9.A.3.d Packet Pg. 513 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) c. Provide the deeds and affidavits required in the forms described in Schedule B-I items 4(a) and 4(b) as shown in the Title Commitment. If Seller is unable to satisfy all of the Closing Contingencies by the Closing Date, Buyer may either: (a) waive the Closing Contingencies, in writing, and proceed to Closing, or (b) terminate the Agreement by providing written notice to Seller on or before the Closing Date, in which event all deposits shall be returned to Buyer without further action of the parties and the parties shall have no further rights or obligations under the Agreement. 4. Storm Water Management. If, after Closing, Purchaser elects to modify Pond #9, the following terms and conditions shall be applicable: Pond # 9 located at the intersection of Immokalee Road and Randall Boulevard provides treatment and attenuation for a segment of Immokalee Road. Based on the approved permit, the pond currently provides 1.10 acre feet of water quality and 5.42 acre feet of total treatment/attenuation. The discharge pipe for Pond # 9 discharges to the west to the Corkscrew Canal by means of a 42' RCP Pipe. The Florida Department of Transportation (FDOT) is in the process of completing the project development and environment (PD&E) study for the Immokalee Road/Randall Boulevard intersection improvements. Long term plans anticipate a flyover at this intersection. Based on the future improvements, additional water quality and storage requirements would be necessary for Pond # 9. Assuming the proposed pond site on Randall Boulevard as shown in the FDOT PD&E study are still acceptable, the County will require that the water quality of Pond # 9 be increased to 2.0 acre feet (net increase of 0.90 acre feet) and the treatment attenuation be increased to 6.0 Acre Feet (net increase of 0.58 acre feet) for future use by the County for the Randall Boulevard proj ects. With the acquisition of Parcel 2, as described in Exhibit A attached hereto ("Parcel 2"), Purchaser shall: A. Grant the County a drainage easement and lake maintenance easement, free and clear of all liens and encumbrances and without responsibility for Parcel 2. Purchaser shall provide at no cost to the County an attorney's opinion of title, and Purchaser shall be responsible at all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work, except those existing as of the time Purchaser acquires Parcel 2 from the County. Purchaser will provide the County Attorney's Office with an executed easement (including sketches and legal descriptions signed and sealed by a Florida Licensed Surveyor), suitable for recording. Upon receipt, the County shall record the easement in the Public Records of the County. Purchaser shall pay all costs associated with the recordation of the easement. This easement must allow the County the ability to modify the entire area of Parcel 2 (conversion to a wet pond) to accommodate future stormwater needs for the transportation network. Should the Purchaser modify the drainage and lake maintenance easement as identified in Paragraph F below to increase the water quality and attenuation, the drainage and lake maintenance easement will be amended to encompass the newly configured pond site, access berm and access from the public road to said pond area. The parties agree to execute an amendment to the easement, which shall be recorded in the Public Records of the County. B. The Purchaser shall be obligated to maintain the stormwater management system, which includes stormwater ponds, control structures, drainage structures, and pipe conveyance system in perpetuity at its sole cost and expense. Should the Purchaser fail to maintain the Stormwater 2 9.A.3.d Packet Pg. 514 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Management System, the County may provide notice to the Purchaser in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Purchaser at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the Stormwater Management System results in a situation where public safety is at risk, (1) Purchaser shall effect repairs within twenty-four hours of receipt of the County's written notice, or (2) County may, at its option, effect repairs to the improvements, without the need for prior notice to the Purchaser, and will promptly bill the Purchaser for all actual costs incurred in effecting the repairs. Purchaser shall reimburse the County for such costs within thirty days of receipt of the County's bill. County shall be granted access to the stormwater system connected to the roadway at all times. C. Five years after the acquisition and every five years thereafter, Purchaser shall perform an inspection by a certified engineer to assess the condition of the stormwater system. The inspection report shall be forwarded to the County for monitoring. Purchaser and its successors in interest, including any homeowner associations, will be solely responsible for the perpetual operation and maintenance of the shared stormwater management system. Notwithstanding the sole maintenance responsibility, the parties acknowledge that due to the importance of the drainage from roadway projects, the drainage easement will include a maintenance easement to allow Collier County to do whatever it deems necessary to repair or maintain the drainage system. If, after reasonable written notice to the Purchaser of a repair or maintenance issue concerting the shared stormwater management system goes unheeded, the County may enter the development for the purpose of repairing or maintaining the system, and the Purchaser will pay the County its full cost incurred in conducting such repair and maintenance. D. Purchaser, on behalf of itself, it successors and assigns (including any and all future owners and tenants, both commercial or residential, within the development), hereby (1) waives any and all claims for compensation and damages, including but not limited to future business damages and loss of access, from Collier County as a result of the flyover or its construction; and (2) will give all successors, assigns, tenants and buyers, both residential and commercial, who purchase or lease land from the Purchaser a separate written notice of the planned flyover with the statement that the County will not construct any sound wall or other barrier of any kind to reduce the impact, noise, etc. of the flyover. E. Acquisition of Parcel 2 does not guarantee nor prohibit the development access to 4th Street NE. Should the Purchaser modify Parcel 2, they shall be required to adhere to all of the aforementioned items as well as those noted below: F. Increase the water quality to 2.0 acre feet, a net increase of 0.90 acre feet from the current permitted allowance and the treatment attenuation to 6.0 acre feet, a net increase of 0.58 acre feet from the currently permitted Pond # 9. G. County and Purchaser agree that the County's stormwater system and Purchaser's storm water system will not be commingled and the development site will adhere to the discharge rate set forth in Policy 6.3 of the Stormwater Management Sub Element of the Public Facilities Element of the Growth Management Plan. Purchaser may connect to County outfall facilities downstream of control structures and upstream of the Immokalee Road Canal if Purchaser's calculated discharge flows and designed outfall connection do not cause negative impacts or otherwise impede County outfall to the Corkscrew Canal. 3 0401 9.A.3.d Packet Pg. 515 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) The terms of this Paragraph 4 shall apply to Purchaser's successors and assigns and survive the Closing Date. 5. Chloramine Booster Station. Within ninety (90) days after the Closing Date, Seller shall, at Seller's cost and expense, remove the chloramine booster station located in the southern corner of the County Property. 6. Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of the parties hereto shall be governed by the terms of this Amendment. 7. Counterparts; Facsimile; Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof, it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any signature transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect as any original signature. 9.A.3.d Packet Pg. 516 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. DATED: July 14, 2020 ATTEST: CRYSTAL I:.-KNZK'L, Clerk l A As s t Approved as to form and legality: N'111\'C' 0 Je ' er B. Belpedio, Asst. County Attorney SELLER: BOARD OF COUNTY COMMISSIONERS OF COL CO TY, ORIDA B Burt L. Saunders, Chairman 9.A.3.d Packet Pg. 517 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) AS TO PURCHASER (as to all): DATED: June 30, 2020 Witness (Signature) Print Name: b / Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1, 2005 4A, Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 HIM Richard D. Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 9.A.3.d Packet Pg. 518 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Exhibit "A" Page 1 of 2 County Property PARCEL 1 A PORTION OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT "A", NORTH 89°30'02" EAST, A DISTANCE OF 1,366.01 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1361, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE ALONG SAID BOUNDARY, SOUTHWESTERLY 2,258.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 46-58'49", (CHORD BEARING SOUTH 24°49'44" WEST, A DISTANCE OF 2,196.07 FEET) TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 00-29'58" WEST, A DISTANCE OF 361.77 FEET; 2) THENCE NORTH 89°59'48" WEST, A DISTANCE OF 426.54 FEET TO A POINT ON THE WEST BOUNDARY OF THE AFOREMENTIONED TRACT "A"; THENCE ALONG SAID BOUNDARY, NORTH 00°29'58" WEST, A DISTANCE OF 1,619.45 FEET TO THE POINT OF BEGINNING. CONTAINING 45.02 ACRES, MORE OR LESS. PARCEL 2 BEING A PORTION PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358 AND LYING WITHIN TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLATTHEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID TRACT "A", SOUTH 00°29'58" EAST, A DISTANCE OF 1,619.45 FEET TO A POINT ON THE BOUNDARY OF PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) SOUTH 89-59,48" EAST, A DISTANCE OF 426.54 FEET; 2) THENCE SOUTH 00°29'58" EAST, A DISTANCE OF 361.77 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE SOUTHWESTERLY 526.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 10°56'31", (CHORD BEARING SOUTH 53°47'24" WEST, A DISTANCE OF 525.29 FEET) TO A POINT ON THE AFOREMENTIONED BOUNDARY OF SAID PARCEL 179, THE SAME BEING THE WEST LINE OF SAID TRACT "A"; THENCE ALONG SAID BOUNDARY AND SAID WEST LINE, NORTH 00'29'58" WEST, A DISTANCE OF 672.12 FEET TO THE POINT OF BEGINNING. CONTAINING 5.16 ACRES, MORE OR LESS. TOTAL CONTAINING 50.18 ACRES, MORE OR LESS. 7 O 9.A.3.d Packet Pg. 519 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Exhibit "A" Page 2 of 2 G 9.A.3.d Packet Pg. 520 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) SRa g b@5Ybp >I! YbQ gp g Y g9e isgq Mpg gg r! Y Ye w =S5 ga !! o E9 @® l AOb Yg tg Ygi p ° a Q !. gY a°r° NL '' °' o glega•e i h b04 1pg:mn yEY.` ; g9@¢¢ b4 to b ® kB i yig164ege1aip4t? 0qq"pA y 1,10 ` ag !g, p>i 0l bb 4 ap9 !gg p sp a d Y y I 1g11 ,e 9 !a g i t2 a a °` a.,• ° 9y Wa gtPq'!@'1b ! g ° 1paYa g I Ei ppp4 o 3fa tNjIgG > Z =S Fb gdYpgl®•B g -!I9Q'e Oki, g ¢ y W e5 •Sh? e'6!b Fr "9 b ) 1 C7NZ Ye bBdbaantdGYEoYwJaot zeU Mma i :. '. • . _ _ -- / / fee / . r ,"! N ( I I !!------------ 10 c y \ l •\ / ! i^ pie . tea®.p.«. l ii j 6{E1FlEE tIEE'aY`a to I I C tv ! EE R t . I J1 ° . 1099f1 3. ZO. Of.6@N 6'i `•E -_._. i6 f i9f f 2GN I la pt ap t i e Q !S`u1c A46 !v w wEE`ao0..ae44 01` a4 f9$! lbe.op 19 EAalcs¢ s9.A.3.dPacket Pg. 521Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT  GROWTH MANAGEMENT DEPARTMENT  www.colliergov.net  2800 NORTH HORSESHOE DRIVE  NAPLES, FLORIDA 34104  (239) 252‐2400 FAX: (239) 252‐6358  Created 9/28/2017 Page 1 of 3         This is a required form with all land use petitions, except for Appeals and Zoning Verification  Letters.    Should any changes of ownership or changes in contracts for purchase occur subsequent to the  date of application, but prior to the date of the final public hearing, it is the responsibility of the  applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.    Please complete the following, use additional sheets if necessary.  a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in  common, or joint tenancy, list all parties with an ownership interest as well as the  percentage of such interest:  Name and Address % of Ownership      N.A.     b. If the property is owned by a CORPORATION, list the officers and stockholders and the  percentage of stock owned by each:  Name and Address % of Ownership       Collier County, a political subdivision of the State of Florida 100%       c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the  percentage of interest:    Name and Address % of Ownership       N.A.     d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the  general and/or limited partners:    Name and Address % of Ownership       N.A.     PROPERTY OWNERSHIP DISCLOSURE FORM  9.A.3.d Packet Pg. 522 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT  GROWTH MANAGEMENT DEPARTMENT  www.colliergov.net  2800 NORTH HORSESHOE DRIVE  NAPLES, FLORIDA 34104  (239) 252‐2400 FAX: (239) 252‐6358  Created 9/28/2017 Page 2 of 3         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 % of Ownership     Richard D. Yovanovich as Successor Trustee of Land Trust 850.024  under Land Trust Agreement dated December 1, 2005  Robert A and Barbara A Crown, c/o Crown Management Services,  207 Cherry Hill Drive, Presto, PA 15142‐1087  100%  Richard D. Yovanovich as Successor Trustee of Land Trust 850.031  under Land Trust Agreement dated December 1, 2005   Robert A and Barbara A Crown, c/o Crown Management Services,  207 Cherry Hill Drive, Presto, PA 15142‐1087    100%  Richard D. Yovanovich as Successor Trustee under Land Trust  Agreement Dated June 10, 2009 known as Trust Number  850.045   Robert A and Barbara A Crown, c/o Crown Management  Services, 207 Cherry Hill Drive, Presto, PA 15142‐1087    100%  Richard D. Yovanovich as Successor Trustee of the Golden Gate  Boulevard West Trust   Robert A and Barbara A Crown, c/o Crown Management Services,  207 Cherry Hill Drive, Presto, PA 15142‐1087    100%    Date of Contract: September 24, 2019    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      N.A.      g. Date subject property acquired 07/28/2006    9.A.3.d Packet Pg. 523 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT  GROWTH MANAGEMENT DEPARTMENT  www.colliergov.net  2800 NORTH HORSESHOE DRIVE  NAPLES, FLORIDA 34104  (239) 252‐2400 FAX: (239) 252‐6358  Created 9/28/2017 Page 3 of 3         Leased: Term of lease  years /months    If, Petitioner has option to buy, indicate the following:    Date of option:        Date option terminates:    , or  Anticipated closing date:          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                    May 14, 2020   Agent/Owner Signature Date    D. Wayne Arnold, AICP         Agent/Owner Name (please print)  AFFIRM PROPERTY OWNERSHIP INFORMATION  9.A.3.d Packet Pg. 524 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLiER COuNTY GOVERNMEN了 GROWrH MANAGEMENT DEPARTMENT w―co∥iergov net 2800 NORTH HORSESHOE DR:VE NAPLES,FLOR:DA 34104 〔239)252‐2400 FAX:(239)252‐63584 COVENANT OF UNIFIED CONTROT The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Parcel l.D. Numbers 37690040003 and 3769OO4O1OO 4th Street N.E. and tmmokalee Road (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Mixed-use planned unit development ( PUD)zoning. We hereby designate Coleman. Yovanovi legal representative thereot as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project; The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation ofthe Land Development Code. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that alldevelopment activity within the planned unit development must be consistent with those terms and conditions. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity untilthe project is brought into compliance with all terms, conditions and safeguards of the planned unit development. of/for Collier Countv 卜転|&, G ll.ir C-.-'b , STATE OF FLORIDA COUNTY OF COLLlER The foregoinginstrument was acknowledged before me by means of巨 郵hvJcal presence orEЪ nhne notan2a∥On thヽ I Has produced Notary Signature: March 4,2020 :謁 2020,by牲 卿ヤ響じぽ r°rqua feり _Such pe“ono N∝aw PuЫ c mu"check 訛1:躙翼:洋 鳳跳r割 ぃe SOM8rEMNSOHwconlss10N`C00u9 絆 :RES:呻 為 m24 as identification. Page 8 of 11 Ry hm.И gに ハ+9.A.3.d Packet Pg. 525 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Petition Number PL20190002356 Exhibit A PARCEL l A PORT10N OF TRACrr“A“GOLDEN GATE ESTATES,UNIT 22,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT B00K7′PAGE 83 AND 84,OF THE PUBLiC RECORDS OF COLLIER COUNTY′ FLORIDA′BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACrr∥A“GOLDEN GATE ESTATES′UNIT 22′ACCORDING TO THE PLATTHEREOF AS RECORDED lN PLAT 300K 7,PAGES 83 AND 84,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE ALONG THE NORTH LINE OF SAID TRACT・ A"′NORTH 89°30'02“EAST′A DISTANCE OF l′366 01 FEET TO A POINT ON THE VVESTERLY 80UNDARY OF THE LANDS DESCRIBED lN OFFICIAL RECORDS B00K 4079′PAGE 1361′PUBLIC RECORDS OF COLLIER COUNn4 FLORIDA,THE SAME BEING A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT,THENCE ALONG SAID BOU N DARY′SOUTHWESTERLY 2′258 82 FEETALONG THE ARC OFSAID CURVE′HAVINC A RADIUS OF2′754 79 FEET, A CENTRAL ANGLE OF 46°5849“′{CHORD BEARING SOUTH 24°49144“WEST′A DISTANCE OF 2,196 07 FEET)TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS B00K 4079,PAGE 1358′PUBLIC RECORDS OF COLLIER COUNTY′FLORIDA;THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING nlVO{2)COURSES AND DISTANCES, 1)NORTH 00°29'58・ WEST′A DISTANCE OF 361 77 FEE■2)THENCE NORTH 89°59148"WEST,A DISTANCE OF 426 54 FEET TO A POINT ON THE WEST BOUNDARY OF THE AFOREMENT10NED TRACrr・ A“;THENCE ALONG SAID BOUNDARY′NORTH 00°29158∥VVESL A DISTANCE OF l′619 45 FEET TO THE POINT OF BEGINNING CONTAINING 45 02 ACRES′MORE OR LESS PARCEL 2 BEING A PORT10N PARCEL 179 AS DESCRIBED lN OFFiCIAL RECORDS B00K 4079′PAGE 1358 AND LYING W:THlN TRACr ∥A∥′GOLDEN GATE ESTATES,UNIT 22,ACCORDINGTOTHEPLATTHEREOFASRECORDEDINPLATB00K7′PAGES83 AND 84,BOTH OF THE PUBLiC RECORDS OF COLLIER COUNTY,FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT∥A・ ,GOLDEN GATE ESTATES′UNIT 22′ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT B00K 7′PAGES 83 AND 84,PUBLIC RECORDS OF COLLIER COUNTY′FLORIDA,THENCE ALONG THE WEST LINE OF SAID TRACr"A∥′SOuTH oo。29'58"EAST,A DISTANCE OF l′619 45 FEET TO A POINT ON THE 80UNDARY OF PARCEL 179 AS DESCRIBEDIN OFFiCIAL RECORDS B00K 4079′PAGE 1358′OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG SAID BOUNDARY FOR THE FOLLOVげ ING■ハノ0{2)COURSES AND DISTANCES,1)SOUTH 89°59'48"EAST,A DISTANCE OF 426 54 FEET,2)THENCE SOUTH 00°29'58"EAST,A DlSTANCE OF 361 77 FEET TO A PO:NT ON A NON TANGENTIAL CURVE TO THE RIGHT,THENCE SOuTHwESTERLY 526 09 FEET ALONG THE ARC OF SAID CURVE′HAV:NG A RADIUS OF 2′754 79 FEET′A CENTRAL ANGLE OF 10°56131“′(CHORD BEARlNG SOUTH 53°47'24“WEST′A DISTANCE OF 525 29 FEET)TO A POINT ON THE AFOREMENT10NED BOUNDARY OFSAID PARCEL179′THE SAME BEING THE WEST LINE OF SAID TRACT“A・ ;THENCE ALONG SAID BOUNDARY AND SAID WEST LINE,NORTH 00°29'58“VVESL A DlSTANCE OF 672 12 FEETTOTHE POINTOF BECINNING CONTAINING 5 16 ACRES,MORE OR LESS TOTAL CONTAINING 50 18 ACRES,MORE OR LESS 4prl1 21′2020 ρυOZ Coven“:o/υ η′ed cOntrO′rColller cnt/7 Grady linor Clr ll $n8hccN . l,and Surrerors . l,lanBeni . lanrtitJpc lrhlt.(ls Q. Grady Minor & Associates, P,{. 3800 Via Del Rey, Bonita Springs, FL 34134 . 239-947-1144 . engineering@gradyminor.com . www.gmdfninor.com 9.A.3.d Packet Pg. 526 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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 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) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 GMPA PUDR (Not approved at this time.) 9.A.3.d Packet Pg. 527 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: 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 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 37690040003 37690040100 05/08/2020 9.A.3.d Packet Pg. 528 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) $ 0 $ 0 $ 0 $ 2,854,200 $ 0 $ 2,854,200 $ 2,356,989 $ 497,211 $ 0 $ 0 Collier County Property AppraiserProperty Summary Parcel No 37690040003 SiteAddress*Disclaimer Site City Site Zone*Note Name / Address COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 City NAPLES State FL Zip 34112 Map No.Strap No.Section Township Range Acres  *Estimated 3C22 332500 A 13C22 22 48 27 47.57 Legal GOLDEN GATE EST UNIT 22 TRACT A, LESS THAT PORTION OF TRACT "A" ASDESC IN OR 3080 PG 723, AS AMENDED IN OR 4079 PG 1358 Millage Area 285 Millage Rates   *Calculations Sub./Condo 332500 - GOLDEN GATE EST UNIT 22 School Other Total Use Code 86 - COUNTIES INCLUDING NON-MUNICIPAL GOV.5.083 8.5571 13.6401 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 07/28/06 4079-1356 11/16/05 3930-356 06/30/88 1361-2019  2019 Preliminary Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after theFinal Tax Roll   9.A.3.d Packet Pg. 529 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) / $ 0 $ 161,700 $ 253,080 $ 21,052 $ 274,132 $ 33,380 $ 240,752 $ 0 $ 0 Collier County Proper ty AppraiserProperty Summar y Parcel No 37690040100 SiteAddress*Disclaimer 2470 4THST NE Site City NAPLES Site Zone*Note 34120 Name / Address COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 City NAPLES State FL Zip 34112 Map No.Strap No.Section Township Range Acres  *Estimated 3C22 332500 A 23C22 22 48 27 9.9 Legal GOLDEN GATE EST UNIT 22 THAT PORTION OF TRACT "A" AS DESC IN OR 3080PG 723, AS CORRECTED IN OR 4079 PG 1358 AND THAT PORTION OF TRACT AAS DESC IN OR 4079 PG 1361 Millage Area 285 Millage Rates   *Calculations Sub./Condo 332500 - GOLDEN GATE EST UNIT 22 School Other Total Use Code 86 - COUNTIES INCLUDING NON-MUNICIPAL GOV.5.083 8.5571 13.6401 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 07/28/06 4079-1358 07/26/02 3080-723  2019 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after theFinal Tax Roll   9.A.3.d Packet Pg. 530 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Collier County Property AppraiserProperty Aerial Parcel No 37690040003 SiteAddress*Disclaimer Site City Site Zone*Note Open GIS in a New Window with More Features. 9.A.3.d Packet Pg. 531 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) / Collier County Proper ty AppraiserProperty Aerial Parcel No 37690040100 SiteAddress*Disclaimer 2470 4THST NE Site City NAPLES Site Zone*Note 34120 Open GIS in a New Window with More Features. 9.A.3.d Packet Pg. 532 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 533 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 534 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 535 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 536 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 537 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) A PARCEL OF LANDLYING INCOLLIER COUNTY, FLORIDABOUNDARY SURVEYDRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:1" = 100'DLSKJG19-155-BS-3.DWG1 of 1GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Bonita Springs: 239.947.1144Fort Myers: 239.690.4380SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST LEGENDPROPERTY DESCRIPTIONNOTES:DETAIL 2DETAIL 1 This item has been electronically signed and sealed by Donald L. Saintenoy III, P.S.M. on the date adjacent to the seal using a SHA authentication code. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies. Digitally signed by Donald L. Saintenoy III, P.S.M. Date: 2020.05.12 15:53:03 -04'00'9.A.3.dPacket Pg. 538Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) RANDALL BOULEVARD ORANGE TREE BOULEVARD IMMOK A L E E R O A D SUBJECT PROPERTY 0 400'200' SCALE: 1" = 400' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" 9.A.3.d Packet Pg. 539 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 540 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 541 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 542 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 543 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 544 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 545 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 546 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 547 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 548 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 549 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 550 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 551 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 552 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 553 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 554 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 555 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 556 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 557 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 558 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 20' WIDE TYPE 'D' LANDSCAPE BUFFER IMMO K A L E E R O A D 10' WIDE TYPE 'A' LANDSCAPE BUFFER (SEE NOTE #3) ZONED: E, ESTATES USE: UNDEVELOPED RESIDENTIAL ZONED: E, ESTATES USE: UNDEVELOPED RESIDENTIAL (PROPOSED CPUD, PL20200000546) ZONED: ORANGETREE PUD USE: UNDEVELOPED COMMERCIAL ZONED: ORANGETREE PUD USE: RESIDENTIAL ZONED: ORANGETREE PUD USE: COMMERCIAL4TH STREET N.E.ZONED: E, ESTATES USE: RESIDENTIAL ZONED: E, ESTATES USE: RESIDENTIAL ZONED: E, ESTATES USE: UNDEVELOPED RESIDENTIAL R MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER C C PRESERVE POTENTIAL INTERCONNECTION PRESERVEWATER MANAGEMENT 1 1 2 3 4 1 2 3 4 AMENITY AREA (GENERAL LOCATION) 5 5 C 1 2 3 4 0 300'150' SCALE: 1" = 300' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" # DEVIATION R RESIDENTIAL C COMMERCIAL LEGEND 9.A.3.d Packet Pg. 559 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 560 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 561 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 562 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 563 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 564 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 565 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 566 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 567 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 568 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 569 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 570 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.dPacket Pg. 571Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.dPacket Pg. 572Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 573 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 574 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 575 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 576 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 577 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 578 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 579 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.dPacket Pg. 580Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.dPacket Pg. 581Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.dPacket Pg. 582Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 583 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 584 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 585 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 586 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 587 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 588 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 589 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 590 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 591 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 592 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 593 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 594 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 595 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 596 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 597 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 598 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 599 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 600 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 601 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)          9.A.3.dPacket Pg. 602Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 603 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)          9.A.3.dPacket Pg. 604Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)          9.A.3.dPacket Pg. 605Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 606 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 607 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 608 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 609 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 610 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 611 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 612 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 613 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)           9.A.3.d Packet Pg. 614 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)          9.A.3.dPacket Pg. 615Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)          9.A.3.dPacket Pg. 616Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD)          9.A.3.dPacket Pg. 617Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Historic Preservation/Forms/rev. 06/05/08 1 COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: _______________ PLANNER: PETITION NUMBER ASSOCIATED WITH THE WAIVER: PL20190002356 (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Randall Curve MPUD LOCATION: (Common Description) The subject property is located on the northeast corner of Immokalee Road and 4th Street N.E.__________________________ SUMMARY OF WAIVER REQUEST: The proposed MPUD site is 50.18± acres and is currently undeveloped. The Archaeological Probability Map #9, shows the project is not located in an area that indicates areas of Historical/Archaeological probability or known sites. The project is located in Section 22, Township 48 S, Range 27 E on the west side of Immokalee Road. (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the Community Development & Environmental Services Administrator County Manager or designee to waive the requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) 9.A.3.d Packet Pg. 618 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Historic Preservation/Forms/rev. 06/05/08 2 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Richard D. Yovanovich as Successor Trustee, Contract Purchaser Mailing Address: 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 Phone: (239) 435-3535 FAX: _______________________ E-Mail: ryovanovich@cyklawfirm.com B. Name of agent(s) for applicant, if any: D. Wayne Arnold, AICP Mailing Address: Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Phone: 239.947.1144 FAX: 239.947.0375 E-Mail: warnold@gradyminor.com C. Name of owner(s) of property: Collier County Mailing Address: 3335 Tamiami Trail E, Suite 101 Phone: 239-252-8999 FAX: _______________________ E-Mail: Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk’s Office at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Golden Gate Estates Unit 22 Plat Book 7 Page 83-84 Unit Tract A Lot Section 22 Township 48S Range 27 E 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial 9.A.3.d Packet Pg. 619 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Historic Preservation/Forms/rev. 06/05/08 3 photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions: Area: 2,185,840 square feet, or 50.18± acres Width along roadway: 2,291± feet (4th St. N.E.) and 2,670± feet (Immokalee Road) Depth: 1360± feet C. Present use of property: Undeveloped, ROW and Water Management Area D. Present zoning classification: E, Estates SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated. A. Waiver Request Justification. 1. Interpretation of Aerial Photograph Photo shows property undeveloped and portion cleared for water management area (county site). 2. Historical Land Use Description: Undeveloped residential. 3. Land, cover, formation and vegetation description: Approximately 43.9 acres of the site contains native vegetation, approximately 1.5 acres is 4th St. N.E. right-of-way and approximately 5 acres has been cleared for water management. 4. Other: . B. The County Manager or designee may deny a waiver, grant the waiver, or grant the waiver with conditions. He shall be authorized to require examination of the site by an accredited archaeologist where deemed appropriate. The applicant shall bear the cost of such evaluation by an independent accredited archaeologist. The decision of the County Manager or designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall 9.A.3.d Packet Pg. 620 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Historic Preservation/Forms/rev. 06/05/08 4 be provided stating the reasons for such denial. Any party aggrieved by a decision of the County Manager or designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 ½” x 14”) folder. ______________________________ Signature of Applicant or Agent D. Wayne Arnold, AICP Printed Name of Applicant or Agent ===================================================================== -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The County Manager or designee has made the following determination: Approved on: _____________ By:______________________________ Approved with Conditions on: ____________ By: _____________________________ (see attached) Denied on: _______________ By: ______________________________ (see attached) 9.A.3.d Packet Pg. 621 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 622 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) RANDALL BOULEVARD ORANGE TREE BOULEVARD IMMOK A L E E R O A D SUBJECT PROPERTY 0 400'200' SCALE: 1" = 400' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" 9.A.3.d Packet Pg. 623 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 624 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 625 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 626 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 627 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 628 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 629 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 630 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 631 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 632 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 633 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 634 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 635 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) August 6, 2021 Page 1 of 5 RCIRP-19 Deviation Justification-r4.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Randall Curve CPUD (PL20190002356) Deviation Justification 1. Deviation 1 seeks relief from LDC Section 5.05.04 D.1., “Group Housing”, which requires the maximum floor area ratio (FAR) shall not exceed 0.45, to instead allow a maximum FAR of 0.6. Justification: Modern senior housing projects provide a significant array of recreational amenities, which when provided within the building increases the total square footage of the structure; therefore, increasing the FAR. Newer senior housing projects also provide more spacious interior living space, necessitating a larger FAR. 2. Deviation #2 seeks relief 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 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, located within the MPUD. 3. Deviation #3 seeks relief from LDC Section 5.05.05 D.2.b., “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: 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. 9.A.3.d Packet Pg. 636 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) August 6, 2021 Page 2 of 5 RCIRP-19 Deviation Justification-r4.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com This deviation will instead allow this MPUD to provide a 15-foot wide type ‘B’ landscape buffer planted with minimum 14-foot-high canopy trees (6-8' spread and 3-4" caliper) planted 20 feet on center, and a hedge 3 feet in height at installation and permanently maintained at a minimum height of five feet along the lot boundaries facing the internal residential tract. Justification for Deviations #2 and #3: The subject PUD is a mixed-use project under unified control whereby a number of commercial land uses are anticipated to be constructed in close proximity to residential uses. A facility with fuel pumps is intended to be developed on one of the commercial tracts located on the projects Immokalee Road frontage. While there are two estate lots located west of 4th Street N.E. that are just under 250 feet from a commercial tract. The LDC required buffer will be provided for any external residential use within 250’ of the facility with fuel pumps. It will be separated from any internal residential tract by the internal reverse frontage road/access easement. The residential developer within this project will be aware that a facility with fuel pumps may be constructed within 250 feet of the residential tract and the deviation will serve as notice as to the minimum buffer required between the two uses. The residential tract will be in closer proximity to other commercial uses which do not have restrictions as to their location, nor do they require additional buffering. 4. Relief from LDC Section 5.05.05 B.1., “Facilities with Fuel Pumps - Table of site design requirements”, which establishes yard requirements of 40 feet for side yards and 50 feet for all front yards, to instead allow the North directional side yards to be reduced to 20 feet and the West and South directional internal front yards to be reduced to 25 feet. The East directional front yard adjacent to Immokalee Road shall be a minimum of 30 feet. Justification: The project is a mixed-use PUD under the unified control of a single entity. The resulting project will have a Property Owner’s Association that will establish community aesthetic and standards for all lands uses developed within the PUD. The general yard requirements for facilities with fuel pumps are applicable to all commercial properties within Collier County, which includes numerous C-2, C-3, C-4 and C-5 properties which are not subject to the unified development standards within the Randall Curve MPUD, nor are otherwise governed by a Property Owner’s Association which regulates development within the overall project. The PUD document establishes standards which govern all commercial and residential uses, and the general yard requirements for facilities with fuel pumps are not necessary within the MPUD. 5. Deviation 5 seeks relief from LDC Section 6.06.01, “Street System Requirements”, which 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 private Right-of-Way. 9.A.3.d Packet Pg. 637 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) August 6, 2021 Page 3 of 5 RCIRP-19 Deviation Justification-r4.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Justification: This is the same deviation as our neighbor to the north and we are required to interconnect to their roadway network. It is appropriate to allow the internal roadway network to have the same ROW standard. 6. Deviation 6 seeks 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 8 independent units, and containing 20,000 square feet or more of leasable floor area to be permitted 1 directory sign at one entrance on each public street, to instead allow two directory signs which may include signage for the commercial tenants and residential component of the project. Justification: The PUD is a mixed-use project and will have a free-standing residential component which will be accessed via the Immokalee Road project entrance, which does not have direct Immokalee Road frontage. Other commercial uses may not have direct frontage on Immokalee Road and having visible signage at the project entrance will provide a benefit to the traveling public to ensure that motorists are aware of the tenants located in the PUD. 7. Deviation 7 seeks relief from LDC section 6.06.02 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 project name. 8. Deviation 8 seeks relief from LDC Section 5.06.02 B.14.a., “Boundary Marker Sign”, which provides “The maximum height is 8 feet to the uppermost portion of the boundary marker structure”, to instead allow the boundary marker sign or sculpture located at the intersection of Immokalee Road and 4th Street to be 10 feet in height. 9. Deviation 9 seeks relief from LDC Section 5.06.02 B.14.b., “Boundary Marker Sign”, which provides “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 4th Street to be a maximum of 40 square feet in area. Justifications for Deviations #7, 8 and 9: The LDC does not contemplate a Boundary Marker Sign for a mixed-use project but does allow this type of signage for a residential project. the developer for this mixed-use project desires to have a Boundary Marker Sign near the intersection of 4th Street N.E. and Immokalee Road. The project access is on Immokalee Road and the developer wishes to identify the project name in advance of the entrance as identification for northbound motorists. 10. Deviation 10 seeks relief from LDC Sections 5.06.04 F.1., “Ground Signs”, which allows each non-residential single occupancy or multi-occupancy parcel or tract to have a single ground sign 9.A.3.d Packet Pg. 638 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) August 6, 2021 Page 4 of 5 RCIRP-19 Deviation Justification-r4.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com along a public street, to instead also allow such parcels or tracts abutting 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. Justification: The Randall Curve MPUD will be served by a reverse frontage road that will traverse the entire PUD and it is required to connect to the commercial PUD located to the north for access to the traffic signal located at Immokalee Road and Orange Tree Boulevard. This reverse frontage road intended to provide relief for residents, guests, and customers from using Immokalee Road. The applicant wants to ensure that businesses will have appropriate signage on this reverse frontage road to aid in motorists locating individual businesses located within the PUD. 11. Deviation 11 seeks relief from LDC Section 5.06.04 F.2.b., “Outparcels-Ground Signs”, which allows out parcels to have a single ground sign along a public street, to instead also allow interior tracts, not adjacent to Immokalee Road, to have a single ground sign along the interior private right-of-way or access easement with a maximum height of 8 feet and 60 square feet in sign area. Justification: This deviation is necessary for both the residential portion of the PUD and the parcel that will be owned and occupied by Collier County Government. Neither parcel will have direct frontage on Immokalee Road, and it will be important to customers and guests to have appropriate identification signage on the property. 12. Deviation 12 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 two Immokalee Road entrances to the MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in size. Justification: This deviation is warranted due to the lengthy property frontage on Immokalee Road and the limited number of access points (two) to the project. This section of Immokalee Road is a six- lane divided roadway and is on a curved portion of the roadway. Appropriately sized signage is critical for visibility to the traveling public. 13. Deviation 13 seeks relief from LDC Section 6.06.01 J., “Street System Requirements”, which requires dead-end streets to be designed with a cul-de-sac, to instead allow the internal street to be designed without a cul-de sac. A temporary turn-around or other turnaround acceptable to the fire district shall be provided, as necessary, until development of the commercial areas is complete. If there is a dead-end fire access road that is in excess of 150’, then an approved fire district turn-around is required. 9.A.3.d Packet Pg. 639 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) August 6, 2021 Page 5 of 5 RCIRP-19 Deviation Justification-r4.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Justification: This deviation is warranted, as a cul-de-sac is not necessary to accommodate safe vehicular turnaround for the internal roadway system near the southern terminus of the PUD. No access to 4th Street N.E. is permitted, therefore, the Developer may construct a temporary turn-around or other turnaround acceptable to the fire district which will be coordinated at the time of site development plan approval. 14. Deviation 14 seeks relief from LDC Section 5.03.02 H., “Wall Requirements between Residential and Non-Residential Development”, which requires a masonry wall, concrete or pre-fabricated concrete wall and/or fence to be constructed on a non-residential property when it lies contiguous to a residentially zoned district, to instead eliminate the wall requirement between residential and non-residential development internal to the PUD and allow a hedge in addition to the Type ‘D’ Buffer in lieu of a wall to be constructed on the residential parcel in a 10 foot wide buffer. The supplemental hedge shall be 4 foot at the time of planting and plant ed on 4 foot centers. Justification: This mixed-use development is under common ownership and the Developer proposes to provide a 10’ wide buffers on each side of the internal roadway which separates the commercial and public use tracts from the residential tract. This deviation will provide appropriate buffering for the site by providing a hedge to be maintained at 6’ in height on the property rather than a wall on the commercial development tract. The two 10’ wide buffers with no wall are adequate for the master planned mixed use project. 15. Deviation 15 seeks relief from LDC Section 6.06.02 A.1., “Sidewalks and Bike Lanes”, which requires a sidewalk to be constructed within public and private rights-of-way or easements adjacent to the site, to instead allow a portion of a required sidewalk to be constructed along the preserve’s perimeter berm within a dedicated easement, located adjacent to 4th Ave N.E. where conflicts exist within the ROW. Justification: The LDC requires sidewalks to be constructed within the adjacent ROW. This deviation will allow the Developer to design the sidewalk in a manner to avoid ROW and project conflicts by allowing a portion of the sidewalk to be constructed both in the ROW and within a publicly dedicated easement on the Developer’s property when necessary to avoid conflicts. This will allow flexibility and creativity in design of the sidewalk along 4th Street N.E. 9.A.3.d Packet Pg. 640 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Collier County School District School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of the applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation/information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Please check [¥] type of application request (one only): [ ] School Capacity Review [ ] Exemption Letter [ ] Concurrency Determination [ ] Concurrency Determination Amendment For descriptions of the types of review please see page 3, _________________________________________________________________________________________________________________________ I. Project Information: Project Name: ___________________________________________ Municipality: _________________________________ Parcel ID#: (attach separate sheet for multiple parcels): _______________________________________________________ Location/Address of subject property: ____________________________________________________ (Attach location map) Closest Major Intersection: _______________________________________________________________________________ II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): _____________________________________________________________________ Agent/Contact Person: ________________________________________________________________________________ (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: _____________________________________________________________________________________ Telephone#: _____________________________ Fax: _________________________Email_________________________ I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of my knowledge. _____________________________________________________ _____________________________ Owner or Authorized Agent Signature Date _________________________________________________________________________________________ III. Development Information Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: Proposed Land Use Designation: Current Zoning: Proposed Zoning: Project Acreage: Unit Type: SF MF MH C G Total Units Currently Allowed by Type: Total Units Proposed by Type: Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp:___________________________ herewith are true and correct ______________________________ Randall Curve MPUD Collier County 37690040003 and 37690040100 2470 4th St N.E. Immokalee Road and 4th St. N.E> Richard Yovanovich, as trustee and not individually D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A., 3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 warnold@gradyminor.com November 18, 2020 Undeveloped and water management Commercial and Residential E, Estates Randall Curve MPUD 0 400 ✔ 9.A.3.d Packet Pg. 641 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Worksheet is required to be completed by the Applicant only if the project is to be phased:Unit Type Yr1 Yr2 Yr3 Yr4 Yr5 Yr6 Yr7 Yr8 Yr9 Yr10 Yr 11-20 20+ YearsSFMFMHCGTotals by YrGrand TotalGrand TotalInsert totals by unit type by years.Unit Types:SF = Single FamilyMF = Multi-Family/Apartments MH = Mobile HomesC = Condo/Co-OpG = GovernmentEXAMPLE:Unit Type Yr1 Yr2 Yr3 Yr4 Yr5 Yr6 Yr7 Yr8 Yr9 Yr10 Yr 11-20 20+ YearsSF 25 25 25 25 -- -- -- -- -- -- -- --MF 50 0 0 0 -- -- -- -- -- -- -- --MH N/ACN/AGN/ATotals by Yr75 25 25 25 -- -- -- -- -- -- -- --Grand Total 150.29.A.3.dPacket Pg. 642Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Types of Reviews: School Impact Analysis: This review should be divided into two categories: -School Capacity Review (land use and rezonings), and; -Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a review of the impact of the development on school capacity and is considered long range planning. This may be a review resulting in mitigation being required. In situations where the applicant may be required to mitigate, capacity may be reserved dependent on the type of mitigation. Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact, a letter of no impact will be prepared for the applicant upon request. Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or residential site plans or plats or amendments to site plans or plats that generate less than one student; or are authorized as a Development of Regional Impact (Chapter 380, F.S.) as of July 1, 2005. Concurrency Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. An amendment could result in a negotiation period and/or a mitigation agreement being issued or a previously approved determination being modified and reissued. 3 9.A.3.d Packet Pg. 643 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) RANDALL BOULEVARD ORANGE TREE BOULEVARD IMMOK A L E E R O A D SUBJECT PROPERTY 0 400'200' SCALE: 1" = 400' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Bonita Springs: 239.947.1144 Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" 9.A.3.d Packet Pg. 644 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.dPacket Pg. 645Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Project Location Map NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002355 Immokalee Road/4th Street N.E. Mixed Use Subdistrict (GMPA) and PL20190002356, Randall Curve MPUD Rezone (PUDZ) A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Richard D. Yovanovich as Successor Trustee (Applicant) will be held on Wednesday, December 9, 2020, 5:30 pm at North Collier Regional Park Exhibit Hall – Room A, 15000 Livingston Road, Naples 34109. Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor.com, phone: 239-947-1144, or mail: 3800 Via Del Rey, Bonita Springs, FL 34134. Project information is posted online at www.gradyminor.com/planning. Richard D. Yovanovich as Successor Trustee has submitted formal applications to Collier County, seeking approval of a Growth Management Plan (GMP) Amendment and a Planned Unit Development (PUD) Rezone. The GMP amendment proposes to amend the Golden Gate Area Master Plan, Rural Golden Gate Estates Sub-Element to establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. The new subdistrict will provide for a variety of retail, office, personal service and residential land uses to allow a maximum of 150,000 square feet of nonresidential uses and a maximum of 400 residential dwelling units. The companion PUD rezone proposes to rezone the property from E, Estates to the Randall Curve Mixed Use Planned Development (MPUD) to allow development of the property with the retail, office, personal service and a variety of residential land use types. Access to the property will be via Immokalee Road and a vehicular interconnection with the property located immediately north of the subdistrict. The subject property is comprised of 50.18± acres located on the northeast corner of Immokalee Road and 4th Street N.E. in Section 22, Township 48 South, Range 27 East, Collier County, Florida. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. 9.A.3.d Packet Pg. 646 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 1NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPEAFFLECK, JESSICA T 2916 ORANGE GROVE TRLNAPLES, FL 34120---0 VALENCIA LAKES PHASE 2A BLK D LOT 978698004408 UALBY, JAMES B 2274 GROVE DRNAPLES, FL 34120---7496 VALENCIA LAKES PHASE 1-A BLK A LOT 878698000185 UALLEN, MICHAEL SHANE LINDSEY KATE ALLEN 2896 ORANGE GROVE TRL NAPLES, FL 34120---7513 VALENCIA LAKES PHASE 2A BLK D LOT 2478698004709 UALTER, JULIANNE M 2897 INLET COVE LN WNAPLES, FL 34120---7569 VALENCIA LAKES PHASE 7-A LOT 378698109646 UANGELA IGLESIAS REV TRUST 3213 W WOODLAWN AVETAMPA, FL 33607---6627 GOLDEN GATE EST UNIT 23 TR 7237745200002 UARGUELLO, CLAUDIO & MARIA 2885 INLET COVE LN WNAPLES, FL 34120---7569 VALENCIA LAKES PHASE 7-A LOT 678698109701 UAVALLONE, ENRICO ADINA-VIVANNE AVALLONE 2941 4TH ST NE NAPLES, FL 34120---1338 GOLDEN GATE EST UNIT 22 N 150FT OF TR 10437697440004 UBARBUTO, KARIE P 391 24TH AVE NENAPLES, FL 34120---0 GOLDEN GATE EST UNIT 23 E 180FT TR 7037745080002 UBAY ATLAS PROPERTIES INC 41 SEVILLE DRBRICK, NJ 08723---0 GOLDEN GATE EST UNIT 23 W 180FT OF TR 7337745280006 UBCF/NORTH COLLIER FIRE RESCUE 1885 VETERANS PARK DRNAPLES, FL 34120---1355 GOLDEN GATE EST UNIT 23 W1/2 OF TR 54 OR 1206 PG 236 LESS THAT PORTION FOR R/W DESC IN OR 3111 PG 0500 37744080003 UBCHD PARTNERS I LLC % DAVID GENSON2600 GOLDEN GATE PKWY NAPLES, FL 34105---0 GOLDEN GATE EST UNIT 22 N 180FT OF TR 116 OR 294 PG 6237698360002 UBCHD PARTNERS I LLC % DAVID GENSON2600 GOLDEN GATE PKWY NAPLES, FL 34105---0 GOLDEN GATE EST UNIT 22 TR 118 OR 1106 PG 403, LESS THAT PORTION FOR R/W 37698440003 UBCHD PARTNERS I LLC % DAVID GENSON2600 GOLDEN GATE PKWY NAPLES, FL 34105---0 GOLDEN GATE EST UNIT 22 TR 119, LESS THE EASTERLY 49 FT FOR R/W AS DESC IN OR 3111 PG 0500 37698480005 UBCHD PARTNERS I LLC2600 GOLDEN GATE PKWY ATTN: DAVIS GENSON NAPLES, FL 34105---0 GOLDEN GATE EST UNIT 22 TR 120 LESS THAT PORTION FOR R/W AS DESC IN OR 3111 PG 485. 37698520004 UBLUME, STEPHEN & MILAGROS 2820 39TH AVE NENAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 5078698110583 UBO, BRYAN & BRITTNEY 2887 BLOSSOM CTNAPLES, FL 34120---7528 VALENCIA LAKES PHASE 7-A LOT 3778698110321 UBOLLT TR, ROBERTO % ORANGETREE ASSOCIATES PO BOX 855BONITA SPRINGS, FL 34133---0 ORANGE TREE UNIT TWO CITRUS GREENS SECTION PH 4-A LOT 164697500108 UBOLLT TR, ROBERTO % ORANGETREE ASSOCIATES PO BOX 855BONITA SPRINGS, FL 34133---0 ORANGE TREE UNIT THREE CITRUS GREENS SECTION PH, 1-A THAT PT OF PARCEL 2 DESC AS THE W 25FT (R/W PER PLAT)64700628553 UBOLLT TR, ROBERTO % ORANGETREE ASSOCIATES PO BOX 855BONITA SPRINGS, FL 34133---0 VALENCIA LAKES PHASE 1-A TRACT A78698000020 UBOLLT TR, ROBERTO % ORANGETREE ASSOCIATES PO BOX 855BONITA SPRINGS, FL 34133---0 VALENCIA LAKES PHASE 1-A BLK A LOT 178698000046 UBOLLT TR, ROBERTO % 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RICKY L & STELLA 2790 2ND ST NENAPLES, FL 34120---1328 GOLDEN GATE EST UNIT 22 S 150FT OF TR 8637696400003 UCOGSWELL, RICKY L & STELLA 2790 2ND ST NENAPLES, FL 34120---1328 GOLDEN GATE EST UNIT 22 N 180FT OF TR 8637696360004 UCOLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 GOLDEN GATE EST UNIT 22 TRACT A, LESS THAT PORTION OF TRACT "A" AS DESC IN OR 3080 PG 723, AS AMENDED IN OR 407937690040003 UCOLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---0 GOLDEN GATE EST UNIT 22 THAT PORTION OF TRACT "A" AS DESC IN OR 3080 PG 723, AS CORRECTED IN OR 4079 PG 135837690040100 UCONTRERAS, CARLOS & LILIANA 7859 BUCKS RUN DRNAPLES, FL 34120---3904 VALENCIA LAKES PHASE 7-A LOT 2678698110101 UCOSSIO OSPINA, MARIA ELCY JOSE RAMON BURGOS 2939 ORANGE GROVE TRL NAPLES, FL 34120---7450 VALENCIA LAKES PHASE 1-A BLK E LOT 778698000761 UCRISSEN, KELLY M 2822 INLET COVE LN WNAPLES, FL 34120---7559 VALENCIA LAKES PHASE 7-A LOT 2578698110088 UCRUZ, CHRISTIAN DAVID2891 ORANGE GROVE TRLNAPLES, FL 34120---0 VALENCIA LAKES PHASE 2A BLK F LOT 578698005025 UCRUZ, JUANA MARLENE2809 INLET COVE LN WNAPLES, FL 34120---7569 VALENCIA LAKES PHASE 5-A LOT 2878698106607 UCURCIO, NICKOLAS R2805 INLET COVE LANE WNAPLES, FL 34120---0 VALENCIA LAKES PHASE 5-A LOT 2778698106584 UCURTISS INTERNATIONAL INC2905 INLET COVE LN WNAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 178698109604 UCVS 75462 FL LLC % CAREMARK CORPORATION 1 CVS DR #4738-01 WOONSOCKET, RI 02895---6146 NEIGHBORHOOD SHOPPES AT ORANGE TREE TRACT 363810090069 UD'ANDREA, JAMES FRANCIS 7960 PRESERVE CIR #616NAPLES, FL 34119---0 GOLDEN GATE EST UNIT 22 N 180FT OF TR 84 OR 1494 PG 82337696240001 UDANIEL, EDITH 1401 CROYDEN RDBRIDGEWATER, NJ 08807---1310 GOLDEN GATE EST UNIT 22 N 1/2 OF TR 8537696340008 UDARIS, ISMENE 2923 ORANGE GROVE TRLNAPLES, FL 34120---7450 VALENCIA LAKES PHASE 1-A BLK E LOT 1178698000842 UDEL CARMEN FRIAR, MARIA RONALD ARTHUR FRIAR 2894 INLET COVE LANE W NAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 5678698110703 UDELUCCIA, DANIEL & GAIL2868 BLOSSOM CTNAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 4578698110486 UDENTON, ALAN L & CATHY A 263 25TH AVE NENAPLES, FL 34120---1360 GOLDEN GATE EST UNIT 22 TR 91 OR 1255 PG 207437696720000 UDIE, ISMA A & ANDRE WISMANDRACE DIE ANDRACHLINE DIE2859 BLOSSOM COURT NAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 3278698110224 UDIRAMACCA, JAMES K & KAREN L ISOBEL M DEMARS 2857 INLET COVE LN W NAPLES, FL 34120---7569 VALENCIA LAKES PHASE 7-A LOT 1378698109840 UDONALDSON, HANNELORE MARGOT GRAHAM 2770 INLET COVE LN W NAPLES, FL 34120---0 VALENCIA LAKES PHASE 5-A LOT 3878698106801 UDONOSO, TERESA P SALAME 2813 INLET COVE LN WNAPLES, FL 34120---0 VALENCIA LAKES PHASE 5-A LOT 2978698106623 UDUARTE, ADIELA & HERNANDO 2965 ORANGE GROVE TRAILNAPLES, FL 34120---0 VALENCIA LAKES PHASE 1-A BLK E LOT 178698000648 UDUTTON, REVA A 2282 GROVE DRNAPLES, FL 34120---7496 VALENCIA LAKES PHASE 1-A BLK A LOT 678698000143 UEDEN, KARINA KARINA MANCUSCO 2932 ORANGE GROVE TRL NAPLES, FL 34120---7494 VALENCIA LAKES PHASE 1-A BLK D LOT 578698000567 UELMEUS, KATHLEEN & RENEL 2921 INLET COVE LN ENAPLES, FL 34120---0 VALENCIA LAKES PHASE 2A BLK D LOT 1078698004424 UENT, GERALD B & BETTY LOU 2936 ORANGE GROVE TRLNAPLES, FL 34120---7494 VALENCIA LAKES PHASE 1-A BLK D LOT 478698000541 UERVIN, DAVID J & MARIA 2903 ORANGE GROVE TRLNAPLES, FL 34120---7509 VALENCIA LAKES PHASE 2A BLK F LOT 278698004961 UESCALERA, KEVIN D 2899 ORANGE GROVE TRLNAPLES, FL 34120---0 VALENCIA LAKES PHASE 2A BLK F LOT 378698004987 UESTRADA, FABIAN & VANESSA 2960 ORANGE GROVE TRLNAPLES, FL 34120---0 VALENCIA LAKES PHASE 1-A BLK A LOT 578698000127 UESTRADA, RAUL & LISA A 2911 ORANGE GROVE TRLNAPLES, FL 34120---7450 VALENCIA LAKES PHASE 2A BLK E LOT 1478698004929 UEVANS III, CLARK BRITTANY LENGACHER2904 INLET COVE LN W NAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 5878698110745 UEVANS, DENNIS R 2944 ORANGE GROVE 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34120---7528 VALENCIA LAKES PHASE 7-A LOT 2978698110169 UGAGLIARDO, ADRIENNE 2875 BLOSSOM CTNAPLES, FL 34120---7528 VALENCIA LAKES PHASE 7-A LOT 3478698110266 UGANDINI, ROSE ANN T 2886 INLET COVE LN WNAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 5578698110680 UGARCELL, LUIS 2856 BLOSSOM CTNAPLES, FL 34120---7528 VALENCIA LAKES PHASE 7-A LOT 4878698110541 UGARCIA, FERNANDO & SUSANA R 2915 ORANGE GROVE TRLNAPLES, FL 34120---7450 VALENCIA LAKES PHASE 2A BKL E LOT 1378698004903 UGATT, JEFFREY A & MONICA L 2841 4TH ST NENAPLES, FL 34120---1336 GOLDEN GATE EST UNIT 22 N 150FT OF 102 OR 1689 PG 103637697360003 UGAUDIOSI, ARMAND & TERESA 2872 BLOSSOM CTNAPLES, FL 34120---0 VALENCIA LAKES PHASE 7-A LOT 4478698110460 UNotice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.Petition: PL20190002355(GMPA) & PL20190002356(PUDZ) | Buffer: 1000' | Date: 11/3/2020 | Site Location: 37690040003 & 37690040100POList_1000_PL20190002355-PL20190002356.xls9.A.3.dPacket Pg. 647Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 2GIBBY, MEL 2884 BLOSSOM CTNAPLES, FL 34120---7528 VALENCIA LAKES PHASE 7-A LOT 4178698110402 UGM ADVISORS LLC 7675 SANTA MARGHERITA WAYNAPLES, FL 34109---0 GOLDEN GATE EST UNIT 23 TR 53 LESS THAT PORTION FOR R/W DESC IN OR 3100 PG 2577 37744000009 UGOLDMAN, GREENBAUM RISA ELISE GREENBAUM LEVINSON SUSAN GREENBAUM ROQUITE 1925 LARGO RD JACKSONVILLE, FL 32207---0 GOLDEN GATE EST UNIT 22 TR 9737697000004 UGOMEZ, JUAN L & SYBLE D 320 25TH AVE NENAPLES, FL 34120---1341 GOLDEN GATE EST UNIT 22 N 300 FT OF TR 94 OR 1750 PG 218137696840003 UGOMEZ, M DE JESUS CIFUENTES ADRIANA LEDESMA 2560 2ND ST NE NAPLES, FL 34120---0 GOLDEN GATE EST UNIT 22 S 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FSERRA, GUERINO & ANGELA 4575 RAY ROADMAIDSDONE N0R 1K0 CANADA VALENCIA LAKES PHASE 2A BLK F LOT 478698005009 FTHOMAS, DAVID W 5406 BLOOMINGTON RDSTOUFFVILLE L4A 7X3 CANADA GOLDEN GATE EST UNIT 22 N 180FT OF TR 9937697160009 FTHOMAS, DAVID W 9 CAIRO CTSTOUFFVILLE L4A 1N9 CANADA GOLDEN GATE EST UNIT 22 S 150FT OF TR 99 OR 713 PG 78737697120007 FXU INVESTMENTS LP 118 CHANCERY CRESENTOTTAWA K4A 4N3 CANADA VALENCIA LAKES PHASE 7-A LOT 2878698110143 FXU, ZHONG TING LAN ZHU 118 CHANCERY CRESCENT ORLEANS K4A 4N3 CANADA VALENCIA LAKES PHASE 5-A LOT 3578698106746 FGGEACAPO Box 990596Naples, FL 34116POList_1000_PL20190002355-PL20190002356.xls9.A.3.dPacket Pg. 649Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002355 Immokalee Road/4th Street N.E. Mixed Use Subdistrict (GMPA)and PL20190002356,Randall Curve MPUD Rezone (PUDZ) A Neighborhood Information Meeting hosted by D.Wa yne Arnold,AICP, of Q.Grady Minor and Associates,P.A.and Richard D.Yo vanovich, Esq.of Coleman,Yo vanovich &Koester,P.A.,representing Richard D.Yo vanovich as Successor Tr ustee (Applicant)will be held on We dnesday,December 9,2020,5:30 pm at North Collier Regional Park Exhibit Hall –Room A,15000 Livingston Road,Naples 34109.Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour,Senior Planning Te chnician with Q.Grady Minor &Associates,P.A.by email: sumpenhour@gradyminor.com,phone:239-947-1144,or mail:3800 Via Del Rey,Bonita Springs,FL 34134.Project information is posted online at www.gradyminor.com/planning. Richard D.Yo vanovich as Successor Tr ustee has submitted formal applications to Collier County,seeking approval of a Growth Management Plan (GMP)Amendment and a Planned Unit Development (PUD)Rezone.The GMP amendment proposes to amend the Golden Gate Area Master Plan,Rural Golden Gate Estates Sub-Element to establish the Immokalee Road/4th Street N.E.Mixed Use Subdistrict.The new subdistrict will provide for a variety of retail, office,personal service and residential land uses to allow a maximum of 150,000 square feet of nonresidential uses and a maximum of 400 residential dwelling units.The companion PUD rezone proposes to rezone the property from E,Estates to the Randall Curve Mixed Use Planned Development (MPUD)to allow development of the property with the retail,office,personal service and a variety of residential land use types.Access to the property will be via Immokalee Road and a vehicular interconnection with the property located immediately north of the subdistrict. The subject property is comprised of 50.18±acres located on the northeast corner of Immokalee Road and 4th Street N.E.in Section 22,To wnship 48 South,Range 27 East,Collier County,Florida. The Neighborhood Information Meeting is for informational purposes, it is not a public hearing. 9.A.3.d Packet Pg. 650 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 651 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 652 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Randall Curve MPUD and Estates Shopping Center December 9, 2020 NIM - Zoom Participants First Name Last Name Email Registration Time Approval Status Jill Rosenfeld jillfrosenfeld@gmail.com 12/9/2020 18:25 approved David Dlugolenski dd@sagestonepartners.com 12/9/2020 17:31 approved Adam Brown ab@sagestonepartners.com 12/9/2020 17:31 approved Quincy Jones tquincyjones@gmail.com 12/9/2020 17:31 approved Robert Anderson ander100@comcast.net 12/9/2020 17:28 approved Maggie Kemp mkemp@comcast.net 12/9/2020 17:06 approved Michele Vaughan michele@davisgroupga.com 12/9/2020 17:01 approved Jillian Shaw jillian@davisgroupga.com 12/9/2020 16:59 approved Collin Johnson Collin@coastal-it.com 12/9/2020 16:42 approved Ty Thrasher tythrasher@outlook.com 12/9/2020 16:01 approved Corby Schmidt Corby.Schmidt@colliercountyfl.gov 12/9/2020 14:03 approved Billy Chambers billy@davisgroupga.com 12/9/2020 12:06 approved Dawna Livingstone dpipersburg@rembrandtaccounting.com 12/9/2020 10:02 approved Tim Ross rossdesinc@aol.com 12/8/2020 23:22 approved Susan Ruesink suerruesink@yahoo.com 12/8/2020 18:04 approved Mike Dalbey Mtpd7904@gmail.com 12/8/2020 16:29 approved Peter Brake pbrake@cmcd.org 12/8/2020 16:19 approved Diane Lynch dtlynch@comcast.net 12/8/2020 16:08 approved Scott Baxter madpoodle@aol.com 12/7/2020 20:57 approved Mary Bachelor mabachelor@comcast.net 12/7/2020 20:04 approved hunter harrison hunter@davisgroupga.com 12/7/2020 19:54 approved Linnea Chasse linneachasse@yahoo.com 12/7/2020 15:55 approved christopher davis chris@davisgroupga.com 12/7/2020 15:11 approved Robert Crown bobbyacrown@me.com 12/7/2020 13:46 approved Richard Eckstein richardeckstein239@gmail.com 12/7/2020 13:30 approved Barbara Pezzuto Basha324@msn.com 12/7/2020 12:30 approved J K realestatesouthwestflorida@gmail.com 12/7/2020 12:25 approved aaron zwiefel azwief@gmail.com 12/7/2020 12:18 approved C Kaufman Clk_ny@yahoo.com 12/7/2020 12:17 approved Bryan Bo Bryanbo79@yahoo.com 11/26/2020 8:28 approved Anita Jenkins anita.jenkins@colliercountyfl.gov 11/24/2020 17:12 approved Sharon Umpenhour sumpenhour@hotmail.com 11/24/2020 16:00 cancelled by self 9.A.3.d Packet Pg. 653 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Petitions:PL20190002355, Immokalee Road/4th Street N.E. Mixed Use Subdistrict and;PL20190002356, Randall Curve MPUD Rezone December 9, 2020 Neighborhood Information Meeting (NIM) 9.A.3.d Packet Pg. 654 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) •Richard Yovanovich, as trustee and not individually –Applicant •Richard D. Yovanovich, Esq., Land Use Attorney –Coleman, Yovanovich & Koester, P.A. •D. Wayne Arnold, AICP, Professional Planner –Q. Grady Minor & Associates, P.A. •Mark Minor, P.E., Professional Planner –Q. Grady Minor & Associates, P.A. •James M. Banks, PE, Traffic Engineer –JMB Transportation Engineering, Inc. •Marco A. Espinar, Environmental Planning/Biologist –Collier Environmental Consultants, Inc. 2 Project Team 9.A.3.d Packet Pg. 655 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 3 Location Map 4thSt. N.E.4thSt. N.E.9.A.3.d Packet Pg. 656 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 4 Area Location Map Randall Curve MPUD and Immokalee Road/4th St. N.E. Mixed Use Subdistrict Estates Shopping Center CPUD and Estates Shopping Center Commercial Subdistrict 9.A.3.d Packet Pg. 657 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Existing Future Land Use (FLU):Rural Golden Gate Estates,Estates Designation,Mixed Use District,Residential Estates Subdistrict Proposed FLU:Rural Golden Gate Estates,Estates Designation, Mixed Use District,Immokalee Road/4th Street N.E. Mixed Use Subdistrict Current Zoning:E,Estates Proposed Zoning:Randall Curve MPUD Project Acreage:50.18+/-acres 5 Project Information 9.A.3.d Packet Pg. 658 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) •The proposed Golden Gate Area Master Plan,Rural Golden Gate Estates Sub- Element amendment proposes to establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. •The proposed subdistrict will provide for a variety of retail,office,personal service and residential land uses. •Access to the property will be via Immokalee Road,4th Street N.E.and a vehicular interconnection with the property located immediately north of the subdistrict. •The maximum non-residential square footage permitted is 150,000 square feet.The maximum allowable number of residential dwelling units will be 400. •Proposed rezone from E,Estates to Randall Curve MPUD. 6 Proposed Request 9.A.3.d Packet Pg. 659 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 7 Proposed MPUD Master Plan 9.A.3.d Packet Pg. 660 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 8 Conclusion Documents and information can be found online: •Gradyminor.com/Planning •Collier County GMD Public Portal: cvportal.colliergov.net/cityviewweb Next Steps •Hearing sign(s) posted on property advertising Planning Commission (CCPC) and Board of County Commissioner (BCC) hearing dates. •CCPC –TBD •BCC -TBD Contact: •Q. Grady Minor & Associates, P.A.: Sharon Umpenhour, Senior Planning Technician; sumpenhour@gradyminor.com or 239.947.1144 extension 1249 •Collier County: PUDZ -Nancy Gundlach, AICP, Principal Planner; Nancy.Gundlach@colliercountyfl.gov or 239.252.2484 GMPA -Corby Schmidt, AICP, Principal Planner; Corby.Schmidt@colliercountyfl.gov or 239.252.2944 9.A.3.d Packet Pg. 661 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 1 of 21 Richard Yovanovich: You all, we’re gonna go ahead, and get started. My name is Rich Yovanovich, and I am the Attorney representing, Crown Management who is the current owner and developer of the neighbor – the Estates Shopping Center piece of property which is at the corner of Golden Gate Boulevard and Wilson Boulevard, and the purchase – the contract purchaser of the roughly 50-acre parcel of property that’s at the Randall – Northside of – of Immokalee Road at the Randall Curve piece of property that’s currently owned by the County. We’re here tonight to do, the County required neighborhood information meeting that is part of the process for doing a growth management plan amendment and for a rezone of a parcel of property. We are – we are in the process of amending the current Estates Shopping Center growth management plan subdistrict, and the, PUD, planned unit development zoning district that is on that piece of property. And we’ll go through in the details of what we’re doing there. Related to those two petitions is a growth management plan amendment for the 50 acres owned by the County. The parcel will be rezoned to planned unit development well. A condition of our acquiring the property is the successful rezone of the County property and the successful rezone of the property currently known as the Estates Shopping Center. Therefore, if we are unsuccessful either of those, basically, the land will stay as it is currently zoned, uh. As part of the neighborhood information meeting process, we are recording the – we record the meeting. We are having some Zoom participants. So, I – I – I tend to pace. So, if I am– Sharon will bring me back in front of this camera, so there’ll be Zoom participants. We’re gonna – we’re gonna go over both petitions, and then we’re gonna open up for questions or comments. When you do speak if you come up to the microphone so we can catch the recording. Also, you’re not required to, but the Planning Commissioners prefer if you would identify yourself for the record as you – you could be generic and say I’m a resident of Golden Gate Estates near the Estates Shopping Center or I’m a resident of Golden Gate Estates near the Randall Curve property if you don’t want to say your name. But they – they want to know who’s commenting and their relationship to the proposed project so they – they can better 9.A.3.d Packet Pg. 662 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 2 of 21 understand the context of people’s comments. We will try to always say for the record, Rich Yovanovich speaking, and Wayne Arnold will – will do the same for himself. Um, they just wanna know who’s talking so they – they can get a better, understanding. We have – sorry – I want to introduce our team, and then we have some County Representatives here. Actually, when I initially spoke, I’m technically the Trustee that owns the property. I don’t really own the property, but it’s titled in my name, uh. So, I’m – I’m the Applicant on all of these petitions, uh. I’m also the Land Use Attorney on this. Wayne Arnold with GradyMinor is our Professional Planner. His boss is Sharon. He’s been receiving all the correspondence with Sharon. If you have any questions, I’m sure your point of contact will be Sharon or Wayne. But if you have any questions after this meeting, you can contact either of them. Mark Minor’s not here, but he’s a Civil Engineer on the project. Jim Banks is our Transportation Consultant, and Marco Espinar is our Environmental Consultant. We didn’t bring Marco into this meeting because I don’t know that there are really any environmental issues related to either of the petitions. But if, you know, some questions come up, we’ll get back to you on any of those – those questions. As I have – this is – this is the roughly, 60 acres that’s the Estate – Sharon Umpenhour: Forty. Richard Yovanovich: Forty acres, sorry. The 40 acres that’s the Estates Shopping Center property at the corner of Wilson Boulevard and Golden Gate Boulevard, and the top portion is the yellow. That’s the roughly 50 acres that we have under contract with the County, uh. As I mentioned, they’re – they’re related petitions, and I’ve already forgotten to introduce Nancy Gundlach who is a Professional Planner on – which one are you? Which one’s yours, Nancy? Nancy: I’m on the Randall Curve. Richard Yovanovich: She’s – she’s the planner for the Randall Curve property, and James Sabo is on Estates Shopping Center, and I think participating by Zoom is Corby Schmitt. Is he on the Zoom? Female Speaker: Yes, yes. 9.A.3.d Packet Pg. 663 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 3 of 21 Wayne Arnold: And Anita Jenkins. Richard Yovanovich: He – he – who else? Anita Jenkins: And Anita Jenkins. Richard Yovanovich: And Anita Jenkins are both – they are – they are handling the growth management plan amendments, and Anita actually supervises both the, growth management plan staff which is Corby, and the planning staff which is, Nancy and James. If you have questions of any of the County Representatives, they’re – they’re – they’re readily available. You know, I’m sure they have business cards, and if they don’t, they’ll give you their email addresses. And you can, you can contact them with any – any questions you may have, uh. We’re pretty informal. Really what we wanna do is tell you what we have planned with the petitions and then we wanna get your input. We also have representatives from Shy Wolf, who is, gonna be involved in the Estates Shopping Center property. So, if questions come up regarding Shy Wolf, those questions can be answered. I’m gonna turn it over to Wayne to go over the two petitions, and then we’ll answer any questions you may have. Wayne Arnold: Thank you, Rich. So, sure. Thank you. I’m Wayne Arnold as Rich said and here representing both petitions, and there are a total of four. They’re, growth management plan amendment and a rezoning application – Wayne: – for both applications on both sides. So, what we’re gonna do is go through as Rich said both applications together, and then we’ll take questions. We just thought it’d be more efficient than to break and have questions and answers on one and then the other. So, hope you indulge us if you’re here for one or the other as you’re gonna hear a little bit about both because as Rich mentioned they are related. So, the property for the Estates Shopping Center which I’ll go through first is zoned planned unit development. We’re amending that planned unit development. It’s also part of the Estates Shopping Center subdistrict which is growth management category. We’re amending that as well. And it’s – the – the easiest way to summarize our changes is that we are – it’s not – we are –essentially the Estates Shopping Center was approved for 150,000 square feet of 9.A.3.d Packet Pg. 664 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 4 of 21 commercial uses. It also required the first commercial use was going to be the grocery store. We are amending that request to reduce the commercial square footage to 50,000 square feet of general commercial type uses, and then we’re also making provisions for government uses. A whole series of those governmental uses because Collier County will end up with a – a nominal, 10-acre parcel out of the 40-acre piece. And then we’ve made provisions for Shy Wolf and its educational programming and then sanctuary use to be on the Western-most parcel. So, we’ve had to amend the growth management plan language to accommodate those changes as well as our zoning, which lists a very detailed, uses. So, a couple things, we’ve created two new districts out of here, the commercial district is pretty self-evident. It’s going to be right at the hard corner of Wilson and Golden Gate. But the Shy Wolf sanctuary parcel that we’re calling it, we’re calling it a semi-public use. And we’re going back and forth with staff so we may change that terminology, but it allows things like we’ve talked about, animal shelters, arboreta, exhibitions, their educational facilities. We’ve made provisions for them to have single-family residential and dormitory use because they are an educational facility, and they’re incorporation with Florida Gulf Coast or other universities that come and do some research on the animals. So, there will be provisions made for that residential component, that will probably initially utilize the single-family structures on the site for office space and some of the other uses that they have that eventually those, um, would be significantly modified, and they have a true education center established, and – and other structures. But for now, we’ve made provisions for them to have up to eight dwelling units on that property. The County’s parcel which will be the – [inaudible] [00:09:12]. Sorry about that, folks. It’s a little slow, but the County’s public uses, and I know there’s information circulating out there in the Estates about this. So, in the – the growth management plan, then we’ve made a provision for a total of 50 dwelling units. We haven’t been specific as to whether or not those are single-family or multi-family. The County asked us to make provisions for up to 30 units on the 10-acre parcel that they’re obtaining as part of this deal. So, in addition to all the administrative, governmental type facilities 9.A.3.d Packet Pg. 665 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 5 of 21 that we’ve listed here by standard industrial classification codes, we’ve also made provisions for there to be up to 30 multi-family units. The reality is because we have well and septic here, I don’t think it’s realistic that the County’s going to achieve 30 multi-family units on this parcel. We were asked to accommodate that as part of the request; so, we have. I know that that’s been some discussion out there about that, and we’ll be happy to hear those comments. But, again, we’ve also made provisions for single-family on the same parcel because should this deal not go forward, Crown Management that would control it, would then have the option to continue to do single-family that’s permitted by right today. So, it says in our language that the single-family would be subject to the state’s zoning district standards. So, you get what you could have today. So, the master plan that was approved as part of this growth management plan is the exhibit that’s on the screen. It identified all – a large development area and then areas for utility plant site as well as some lights and buffers. So, we are modifying that. The new subdistrict is, generic. This would be an exhibit to the growth management plan which you can see that we have three separate parcels identified as commercial, public, and semi-public. We depict the access points that we’re providing for the project on the master plan as well. The zoning master plan is a little bit more detailed than we showed on the growth management plan exhibit. This again is being modified to take out some of the detail in the footprints that were shown as future buildings on there. It’s going to be revised to be a little bit more generic, but again, the preserve buffer areas get depicted on here. The access aspects are depicted. And again, we’ve identified which parcels would be used for public, semi-public, or the commercial uses that are going to be retained. So, where we are in the process, we submitted a few months ago. We’ve been through a couple rounds of reviews. We’re – we’re required to hold this neighborhood information meeting prior to going to public hearings. So, we don’t have public hearings scheduled yet. But what will happen in this process, it’s a two-step process; we’ll have a transmittal process with the growth management plan assuming that the Board endorses it. They will take both of these, and they’ll say, “We’re ready to transmit the proposed changes.” 9.A.3.d Packet Pg. 666 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 6 of 21 They’ll go to the Department of Economic Opportunity, DEO at the State of Florida. The state gets 30 days to review those changes to determine if there are any state impacts or regional impacts, doubtful that they will weigh in on this, but it’s a part of the process we have to go through. And then after that process, we would then come back in the PUD document, the zoning document would come together with the comp plan amendment. And the Planning Commission would again hear it together, and then that would then be heard by the Board of County Commissioners for final action. And our goal here is that all four of these applications will come together and be heard at the same Planning Commission and Board of County Commissioner meeting since they’re interrelated. We think it makes more sense to be able to tell the whole story and deal with them in one – one time. So, that’s our goal. We don’t have hearing dates established yet, but our goal is to be through the process by June of 2021 which gets us there by – the Board takes a summer recess in July and August. So, our goal is to be completed in this process in June, no later than just next year. So, we think that’s a doable process although we don’t have hearing dates scheduled yet. The round of comments we got from staff were down to some fairly, I think, minor issues that are pretty easy to deal with. So, in a nutshell, that’s – that’s what we’re hoping to achieve, and with that, I’m gonna wrap up this presentation. And, Sharon, if you can bring up the Randall Curve as we’re calling it? It’s really the County’s property that’s at the corner of Randall/4th Street Northeast and Immokalee Road. So, I’m gonna spend a few minutes talking about that process as well. Again, it’s the same team so I’m not gonna through that information. Again, the location at – it’s – everybody calls this the Randall Curve property that’s been around a long time, so. We actually have a Randall Curve PUD that’s part of the process, but our subdistrict for the comp plans that – for the mockup of 4th Street – 4th East subdistrict. Again, this property today is zoned the Estates. It does not have zoning on it that would allow the mixed-use project we’re proposing. It’s also part of the rural Golden Gate Estates. Comp plan does not make provisions for this to be a commercial mixed-use project that we’re proposing. So, we’ve submitted, a new subdistrict that makes provisions for there to be up to 400 residential units on this property 9.A.3.d Packet Pg. 667 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 7 of 21 as well as 150,000 square feet of commercial uses. I’m gonna show you the proposed master plan for the Randall – Sharon Umpenhour: Go back, go back one. There you go. Wayne: – though this is the language that talks about our request. And a couple significant things I’ll talk about is that we’ve made provisions for a large variety of retail uses. I know that there have been several discussions with members of the Estates Civic Association and other, community residents that have talked about the need for services out in this part of the community. So, we’ve made a very broad list of uses that largely are C-4 type uses I would say of the maximum intensity. There could be a couple of others depending on how the County categorizes those that would be C-5 because we’ve made provisions for there to be potential large format retailer or big box store whether that could be a Lowe’s, a Home Depot, a Costco. We’ve made provisions for all of those as part of our request. It doesn’t mean that those are going to be necessarily located there, but we’ve made provisions for them. We also have provisions there for the other types of uses we know people desire which are restaurants and offices and dental offices and things of that nature. So, I would, you know, just to – to know that this is a mixed-use project, Sharon’s there’s something on my screen. It’s – it’s some sort of system update. I don’t know how to remove that. Let’s take a pause for a moment. Thank you. So, this is a proposed master plan that we’ve created for what’s called the Randall Curve PUD. It’s the – this makes use, we have designated areas that are preserve, residential and commercial. C stands for commercial; the R is for residential. Preserve is labeled as such. It is conceptual, but it identifies two primary access aspects on Immokalee Road. We also have a shared access point with the properties to the North that’s going through a similar process that we’re in today. They’re a little bit ahead of us. They’ve had their transmittal of the comp plan portion of their property to the State of Florida. So, we’re – we’re on track to being a couple months behind them. But the residential is sorta central to the site. We have our preserve area that separates us from the 4th Street residential. We have water management system that we have, and we’ve proposed no vehicular 9.A.3.d Packet Pg. 668 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 8 of 21 access to 4th Street Northeast. We would obviously make provisions for pedestrians and bicyclists to enter the site, but we prohibited vehicular traffic from accessing 4th. And we know that was an issue early on. When the County was looking at developing this themselves and we’ve heard that that’s an issue, and we were asked on the property to the North also to remove any access to 4th Street which they have done as well. But you can see on this particular property that the uniqueness of this is when you go out there today, the – at the hard corner of 4th and Immokalee Road, that area’s all the dry detention system for the County that was put in to satisfy the Immokalee Road widening project. So, that parcel is part of the acquisition. We have to take into consideration all of the drainage. So, we are going to have a larger system of either lake or dry detention to accommodate their five acres that they need today as well as the future improvements that they’re planning to make on Randall Boulevard. We have to accommodate some of the additional drainage for them as well in addition to our drainage. So, that’s been one of the unique challenges here, but nonetheless, we’ve accommodated. We can work around that, and we think this could be a very good, viable project. So, again, if we’re in the same process that I just described for you for the other Estates property which was we’re going to have the comp plan transmittal process. We going to have a PUD adoption at the same time that the comp plan would be adopted. And as Rich said, these are kinda bundle projects. One doesn’t happen without the other with the way that this has been structured. Again, no hearing dates have been established, but we are working toward that same June deadline I just described. And hopefully, we can, be there, and like I said before, we’re gonna take questions tonight. If you think of something after we leave here tonight, you’d like to communicate, Sharon has some cards at the back table. It’s easier to email or call her for information. We’re happy to share the presentation tonight with anybody who desires it. All the information’s available on the County’s website through CityView, or if you don’t feel comfortable using that system, Sharon would be more than happy to provide any of the comp plan information as public record or any of the zoning information to you as well. 9.A.3.d Packet Pg. 669 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 9 of 21 So, Rich, I don’t know if I left anything out, but I’m – I’m happy to answer questions. I will say one thing that one of the changes we did make on Estates that I failed to mention, we did even though we reduced the intensity of commercial from 150,000 – 50,000 square feet, we did add back end-use that we didn’t have previously, and those were medical offices. We made provisions for medical offices and veterinary clinics that were something that was, desired by some folks who’ve been interested in the Estates. So, we’ve added those uses, and we think they’re pretty benign uses overall and probably things that anybody who lives in that part of the community would probably utilize. So, with that, I’m gonna stop, and we’re gonna – do you wanna take the Zoom callers first, Rich? Richard Yovanovich: Let’s take people that are here first, and then, yeah. Wayne: Do the audience, okay, so, anybody who’d like to speak as Rich mentioned, you don’t have to give us your name if you don’t feel comfortable, but the Planning Commission wants to know if you’re part of our team’s feed or if you’re a resident. So, if you feel comfortable saying you’re a resident that way at least when the transcript gets created, they realize it’s not Wayne or Rich or Sharon or Jim talking, so. Anybody with questions, please, feel free to come up and use the microphone. We can sanitize it between its use, and –yes, ma’am. Come on up. Phyllis: Phyllis Lit – Phyllis Litka, the 2nd Street Northeast, um, all of this involves even though I live out that way on part of the curve, um, I’d like to know, the low-income housing that you wanna put in on 10 acres, that’s like four of my neighbors, how are you going to put 30 units? And when you say low-income, what are we talking? Wayne: Well, that – the low-income reference is not a term we use. Our language says essential service personnel that’s actually in the document, and – Phyllis: Okay, on – on my form, that’s what it says [inaudible] [00:21:23]. Wayne: – and I – I don’t know that that’s our letter that said affordable housing. Richard Yovanovich: Can I see that? Do you mind? 9.A.3.d Packet Pg. 670 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 10 of 21 Phyllis: Sure, yeah, absolutely. Wayne: Our language says essential service personnel, and that’s a term that the County’s recently started using to refer to first responders, teachers, nurses, county employees, people like that, who are essential service personnel in our community that seem to be priced out – out of the housing market. Phyllis: Yeah, I can understand that. Wayne: As I mentioned before, the 30 units is the number that the County asked us to provide. If it’s going to be multi-family housing, I – our – our opinion is just doesn’t work because of the septic system requirements. Phyllis: Right. Wayne: So, I don’t know that the County realistically is going to achieve 30 of those units in the – in the configuration of multi-family, but again, Rich, I don’t know you wanna add any more. But we were asked to include it; so, we did. Richard Yovanovich: Yeah. I – a – as part of this process, obviously – yeah, you can sit right there. I’m sorry. As – as part of this process, obviously, we – we had to coordinate with the County because they’re getting the 10 acres, and we – we basically said, “What would you like us to include on your property?” So, the County gave us their list of requested uses. I have been doing this for a while so I kinda figured when the County said they wanted to put 30 units on a 10-acre piece of property that basically can have four under the current state zoning, I thought that was, gonna meet some resistance from the residents of the Estates. And I said, “I’m happy to include it, but you need to be at the neighborhood information meeting to defend it.” And, I don’t think there’s anybody here from the County to address that. I don’t think Nancy or James are – are – are – they were not the people I spoke to, uh. So, the – the – Wayne is correct. What you received, eh – we are not proposing low-income housing. I don’t know who sent that out. We are – we are proposing essential service personnel – the 9.A.3.d Packet Pg. 671 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 11 of 21 County’s proposing essential service personnel housing, which is exactly what Wayne says, firefighters, teachers. But the number of units and the request for that use came from Collier County, uh. I think Commissioner McDaniels was on his way to this meeting. I just texted him to find out where he is, but he’s – he is on his way. If he doesn’t make it here before we get gone, I’m sure he’ll read the record. But I – I think there’s others here who also, have concerns about that use. So, we will obviously communicate that to County staff and, will follow their direction whether to remove that, um, request or not. But obviously, I know that’s – I knew that was gonna be an issue before I even submitted the document, so, with any more questions? Wayne: This is Wayne. Can I just read you the language that’s actually in the PUD document under public use? It says, “Essential service personnel housing not to exceed 30 units subject to develop standards for RM-6 zoning which would be the land development code.” So, that is what’s in the actual document. There’s also a provision for there to be multi-family units which was meant to implement that essential service personnel housing. But there are as Rich mentioned, there’s also a provision in there for single-family homes which is what could be there on that [inaudible – crosstalk] [00:24:53]. Richard Yovanovich: Right, and – and Tim’s okay. Tim and I had a conversation about this very issue twice, and – and I told him the reason we put single- family houses in there is if for some reason Shy Wolf does not close on their piece of property or the County decides they wanna develop it as the common state lots, we just wanted that as – as – as also an option. So, I mean, that clearly Tim would have an issue with that. I hope nobody else has an issue with that piece. Wayne: Thank you, any other comments, or questions? Tim: Tim Wallen, 111, 3rd Street Northwest, uh. We’re adjacent to the 40-acre, uh. As you guys know, we’ve been involved with this for 12 years now. So, when we started talking with Bob and, Shy Wolf and about the swap of the property, it seemed like, it was something real good for everybody in the community, for both sides, um. Again, the multi-unit, it would have to be low-income because they’re gonna be like 200 square feet if they put ‘em there. Um, you know, when we first started doing this, we discussed 9.A.3.d Packet Pg. 672 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 12 of 21 services from the County whether it be post office, police substation, some, you know, tag agency. I know it’s right across the street right now or some sorta County presence that – that’s needed out here, not housing. Housing just seems really stupid. The intersection is already stressed. Anybody that comes from the East traveling West to go there in the – to go to work in the morning, it – it’s already a nightmare trying to get through Wilson Boulevard. To put all those cars and all that right there is a huge problem, again, septic and water. I think everyone else is – everybody’s probably pretty comfortable with, but, you know, for the record, the – the multi – the multi-housing is – is – is definitely a – a killer. Male Speaker: Okay. Male Speaker: You know, it’s if – so I can just put it on the record, can I just get a show of hands how many people are opposed to putting that multi- family on that piece of property. Male Speaker: So, I’m just gonna count the number of – one, two, three – Female Speaker: All of us. Female Speaker: Eleven. Female Speaker: So, [inaudible – crosstalk]. Male Speaker: So, I would say, if there’s 11 – there’s 11 people present, and I think every one of them are not related to our team or Shy Wolf. So, I would say that pretty much everybody, is opposed to that. I just wanna – I just wanna put that on the record. So, both whoever reads the transcript knows so you all don’t have to come up and repeat yourselves. Or you’re welcome to come up anytime you want, but I just wanted to save some people some effort. Any other questions, comments before we go to people on Zoom? Jeff Curl: Yeah, for the record, Jeff Curl, um. I live actually off Desoto, but I do traverse Wilson and Golden Gate Boulevard quite a bit. I’m just wondering if the County has any intentions of doing rotaries at Wilson/Golden Gate Boulevard. That seems to be there brand-new, um, FDOT experiment and then how you guys would see traffic West of this intersection, and this 9.A.3.d Packet Pg. 673 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 13 of 21 may be more of a Jim question with maybe left turns, right turns coming out, signals expansions, turn lanes, and maybe a U-turn or two through the median. Um, I’m assuming you – you’re gonna remember from your time out there, too, Jim, um, that to the previous gentleman’s point that traffic through there at rush hour’s an absolute nightmare. Jim Banks: Yeah, right now, the only traffic signal’s – Jim: Well, my bill is still extra, but okay. Jeff: You didn’t sanitize this [inaudible – crosstalk] [00:29:06]. Jim: Maybe I can step way back here. Jeff: I’m gonna get the COVID. Jim: so, anyhow, to answer Jeff’s question, you know, obviously, the intersection at Wilson and Golden Gate is currently signalized – Jeff: Right. Jim: – there’s not enough separation between the E-western-most boundary of the property which is on 3rd Street to have a traffic light at that location. So, we will not have another traffic light service development, but that is one of the reasons that the commercial is in the corner of that – of that intersection now. And the lower intense uses are further to the West which will – it’s our interpretation will not warrant a traffic signal, at those – at those intersections. But, yes, when we’re going to the site development phase, we’re gonna have to look at extending some of those left-turn lanes to provide for U-turns and that type of thing, mostly for the commercial uses. So, there will be some upgrades there in that general vicinity to accommodate additional turning moves they’re gonna – but I do wanna point out that what is being proposed today is actually gonna generate substantially less traffic than what was previously approved. So, with this application, traffic demands from this 40 acres is going to be substantially reduced versus if it’s developed then with the 150,000. Jeff: So, this is gonna dovetail into our previous – 9.A.3.d Packet Pg. 674 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 14 of 21 Sharon: Can you guys hold on a second? Um, Jeremy, the Zoom participants aren’t able to hear Jim. [Crosstalk] Jim: Okay. Sharon: Go ahead. Jeff: So, that also brings back to your point about multi-family and increasing the density at that site with residential, I think that’d be another, you know, point raised when we [inaudible – crosstalk] [00:30:51]. Jim: Well, I – I would submit to you that I don’t think all the – all the uses that are being proposed could all fit on the 40 acres so some things gotta give. Jeff: Yeah, and I think I’m honed in on that essential service kind of the boondoggle that we keep talking about here tonight, um. Jeff: No, I just – the County’s trending, eh – again, FDOT getting a pave- type deal with rotaries and things like that to – to push traffic through quickly, you’re talking about two lights that are fairly close together, um. And so, yeah, perhaps they’re gonna keep that sequencing with each directional rush hour push, morning and at night, but, uh. I didn’t know if there were any preliminary discussions. Jim: As far as I know, they’ve got no plans to put a traffic circle there at that intersection. I don’t even think they have the right of way to do it, um. Jeff: I wouldn’t think with E’s there on the corner either, but. Jim: Right, so, but not – my interpretation is we will not see a round- about at that intersection. Jeff: Okay. All right, thank you, gentlemen. Male Speaker: Thank you, Jeff. Wayne: So, I guess without moving – 9.A.3.d Packet Pg. 675 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 15 of 21 Rich: Anybody else here that wants – yes, sir, come on up. Female Speaker: Wayne? Wayne: Yeah, I have sanitized the microphone [inaudible] getting COVID. Sharon: Sorry. I’ve already had it, so I don’t have to worry about it. [Crosstalk] Dave: My name is, Dave Meffin, um, 127th Street Northwest, and, so, even though it’s not right next to my neighborhood, it’s pretty close. And, I just, you know, I – I agree with this gentleman down here, but, um. I just wanna know anybody in our neighborhood who would be in favor of that. I mean, if you can find 10 people, I’d be happy. Wayne: You’re speaking about this essential service housing? Dave: Yes. Wayne: Okay. I – I think as Rich said, the show of hands was pretty unanimous that, those in attendance certainly aren’t supportive – Dave: I mean, if we had more time, and we could, you know, word of mouth a little more, we could get a thousand people in here; a thousand hands would be up, so. Wayne: Well, I – I have a little experience on this use of property, and I know you can get a lot of people out, right, sir? So, I – we – you know, we understand that will communicate to the County the, uh – the, unanimous opposition for those who are here to – including that multi-family housing, and I’m sure from watching James write that down right now, so. I’m sure that will be communicated to the powers that be, the County. Anybody else, anybody else here who wants to come up and speak before we go to those on Zoom? Laura: Hi, my name is Laura, and I’m a resident of the Estates. And, okay, that 10 acres, I’m like, “Why not make it a park? Why not make it something fun? And if you need to add a post office to it, you know, 10 acres is a good size, but we don’t really have enough free area out on the Estates for, you know, like kids’ playgrounds, stuff like that. They have plenty of it in the city. And so, I’m like, “Forget about that. Put it on that little 4th Street there. Well, we don’t wanna it there either, so, the essential service.” So, I’m just wanna make 9.A.3.d Packet Pg. 676 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 16 of 21 sure that my vote is no, and I’m just emphasizing that. Wayne: Okay, and just for you know to ma’am, this is Wayne Arnold for the record, but we include parks as one of the uses for the County parcel. It’s just – Laura: Okay. Oh – so, who decides once – Wayne: The County Commission ultimately will decide what use it would be there, but I think it’s pretty clear tonight the direction it’s headed with regard to the housing. Laura: Okay, thank you. Wayne: Thank you. Richard Yovanovich: I wanted to make two points, one, Commissioner McDaniels just entered the room, uh. Comm’r McDaniels: How’s everybody doing? Richard Yovanovich: And, just to recap, um, everybody in this room is opposed to essential service personnel housing, that 30 units on the County’s parcel in the Estates. Male Speaker: At Wilson – at Wilson and the Boulevard? Richard Yovanovich: Yes, yes, yes. Comm’r McDaniels: So, noted. Richard Yovanovich: I just want – wanted to make sure you’re aware of that. Female Speaker: We raised our hands. Richard Yovanovich: And – and it just – and it just – just kinda going back a little bit of history, you know, on the Estates Shopping Center parcel, that – that – the hard corner piece set between 1st and – and Wilson was formally a neighborhood center where commercial was supposed to go in the first place. So, we’re kinda going back to pretty much the original plan of – of Golden Gate Estates, by going through this process. And with that, any more questions or comments before we go to Zoom, participants? 9.A.3.d Packet Pg. 677 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 17 of 21 Wayne: Okay, going to Zoom, Sharon, you wanna go ahead and call names and see if we have any questions on Zoom if they raised their hand? Sharon: Um, if they speak, they can raise their hand; I can unmute them. Wayne: If you have a question or comment you’d like to make and you’re on Zoom, if you’d raise your hand if you – if you know how to hit that icon, and then Sharon will unmute. And we will be happy to let the rest of the crowd hear what you have to say. Richard Yovanovich: All right. How many – how many Zoom participants? Wayne: The question is how many Zoom participants do we have? Sharon Umpenhour: Fourteen but two are County staff, um. Wayne: So, we have 14 total Zoom participants and two of which are County. Richard Yovanovich: Anybody raising their hand? Sharon Umpenhour: No, but if you wanna ask them if they just – if someone wants to ask a question to unmute and ask a question. Wayne: Okay, so – so if you have a question, do – can you unmute, and then we’ll know that you do have a question? Sharon Umpenhour: It doesn’t look like anyone has a question. Wayne: I – I don’t – I don’t see anybody raising their hand or unmuting. So, I take it that none of our Zoom participants at this moment have question or comment, so. Anybody else in the room, Mr. Wallen, do you have a question? Richard Yovanovich: Wayne? Wayne, do you wanna, see if everybody on the Zoom call is opposed to the 30 units as well? Is there a way to find that out? Sharon Umpenhour: Oh, Scott Baxter has his hand raised. Wayne: We have, Scott Baxter, you have your hand raised. Do you wanna unmute and ask your question or make your comment? Scott, I’m not hearing ya. It looks like you’re still muted on our end. Sharon Umpenhour: You still – you have to unmute, Scott. There you go. 9.A.3.d Packet Pg. 678 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 18 of 21 Wayne: There you are. Scott Baxter: – unmute, I’m not sure if it’s working or not. Wayne: We hear ya. Scott: Okay. Um, I’m trying to – you know, you’re talking about putting 30 units on 10 acres. So, to be generous, we’re only gonna have three units per acre because then there will be no streets, no buffers, no sidewalks. Everybody that’s [inaudible] [00:37:47]. However, this property was promised as a park. Is that not in here? Male Speaker: It is not a park. Wayne: Today it is not a park. It is zoned for a commercial shopping center. Scott: I understand that. Is the property staying – I thought this property was promised to us as a park. Wayne: It – it – I’ll let Rich address that for you. Richard Yovanovich: Yeah. For the record, Rich Yovanovich, actually, what – what the property exchange agreement says is we would give the County the 10 acres. The County would then decide what it wanted to put on the property, and obviously, a park is an option and other government services is an option. To the list, the uses we got for this 10 acres came from Collier County. And this – the purpose of this meeting is for the community who – to give their input back to all of us about what we’re asking for as part of this PUD. And I assume you’re like the other members that are present that you oppose the multi-family option on that 10- acre piece. Is that correct? Wayne: Scott? Richard Yovanovich: Scott, can you – move? Scott: [Audio cuts out] [00:39:05] – Male Speaker: Broke up. Male Speaker: Breaking up. 9.A.3.d Packet Pg. 679 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 19 of 21 [Crosstalk] Female Speaker: He said he’s opposed. Richard Yovanovich: Okay. Wayne: Scott? Any other comments, Scott, or should we – anybody else on Zoom? Male Speaker: Yes, an upgraded Wi-Fi. [Crosstalk] Wayne: try again one more time. You’re still a little muddled. Anybody remember when you had antennas on your TV, and you had to smack it or stand like this? [Crosstalk] Is there anybody else on – on Zoom that – that wants to, um, speak? Sharon Umpenhour: Maggie Kemp. Richard Yovanovich: Maggie Kemp, it looks like. Wayne: Maggie Kemp, you’re up. Maggie Kemp: Hi, I just wanted to also voice my opposition to putting in low- income housing on such a small space, seems like the County seems to be forgetting about the residents and the impact on the residents that are around these projects. Wayne: Okay, thank you. Anybody else wanna make any comments on Zoom? Richard Yovanovich: Susan Risner – Rissen. Wayne: Susan, you’re up, Ruse – Rusing. Am I close? Sharon: No, she’s not on. Richard Yovanovich: She’s unmuted. 9.A.3.d Packet Pg. 680 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 20 of 21 Wayne: She unmuted. I just didn’t know if she wanted to speak or not. Sharon: She’s not got audio. Rich: Okay. Wayne: Oh, okay. anybody else on Zoom? Okay, one more go-round in here, anybody else wanna say anything? Phyllis: It’s me again, Phyllis Litka, question on the Curve. The 400 units, are those houses, or are those apartments? Wayne: They – they – they will be – we make – we’d make provisions for both, but it – it’ll be a multi-family, more likely a multi-family product. Phyllis: Okay. Wayne: It could be condos. It could be apartments. We – we don’t have that final decision yet. Phyllis: Okay. And when – next question, you said something about 4th ‘cause I live on 2nd, so, yeah, it’s the next street. So, 4th, they will not be able to come through 4th where they were gonna make that street, you know, behind all of, um, the storefronts? Richard Yovanovich: The, yeah, for the record, Rich Yovanovich, we – we – we – in the Curve property, the 50 acres were talking about tonight, there is absolutely no access on 4th other than we will make provisions for bicyclists or pedestrians that are coming up and down 4th but no cars will have access. Phyllis: Well, one of the other meetings that I was going to – had gone to, they were going to make a road. Yeah, mm-hmm, mm-hmm. Richard Yovanovich: And that – that was I think Wayne was involved in that one. It was the property to the North, um. Wayne: No – they no longer have access. That project removed their – any access and it’s prohibiting to have access to 4th. Phyllis: Oh, thank you. Okay, that’s why you should go to meetings. Wayne: We appreciate you coming. 9.A.3.d Packet Pg. 681 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 21 of 21 Richard Yovanovich: Anybody else? Tim: I – I was just gonna – I was just curious who the two County people were. Wayne: Mr. Wallen, Tim, why don’t you come forward? Sharon: You need to speak into the microphone, please. Richard Yovanovich: I’ll say it for you. Mr. Wallen wanted to know who the two County people were on the phone, and it was – I think I said it earlier, Anita Jenkins who is, Zoning Director, and, Corby Schnitt who is the Growth Management Reviewer – Plan Reviewer for this project. Those are the two County. Yes? Sharon: Actually, it’s Michelle Mosca for Anita. Richard Yovanovich: Okay, well, Michelle Mosca who, also is in Growth Management is sitting in for Anita Jenkins, and, she’s been with the County for quite a while and is familiar with the comprehension plan. Anybody else? All right, well, we thank you for coming and I hope everybody enjoys their holiday season and stay safe. Thank you. [End of Audio] Duration: 44 minutes 9.A.3.d Packet Pg. 682 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 683 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 684 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) 9.A.3.d Packet Pg. 685 Attachment: Attachment C-Application (20072 : PL20190002356-Randall Curve MPUD) August 17, 2021 9.A.3.e Packet Pg. 686 Attachment: CCPC-BCC Hybrid Meeting Waiver (Executed) (20072 : PL20190002356-Randall Curve MPUD) 10/07/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.4 Item Summary: PL20190002353 GMPA - Estates Shopping Center Subdistrict - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Estates Shopping Center Subdistrict of the Estates Commercial-District of the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan and Future Land Use Maps to add commercial, public, civic and institutional uses; add up to 12 residential dwelling units; reduce commercial square footage from 190,000 to 50,000 excluding some uses from the maximum square footage limitation; remove outdoor music prohibition; remove single commercial use and building size limitations; reduce setbacks and landscape buffer widths; and remove phasing and developer commitments; and furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is 41± acres and located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard, in Section 4, Township 49 South, Range 27 East, Collier County, Florida. Adoption Hearing (Companion to PL20190002354) [Coordinator: Josephine Medina, Principal Planner] Meeting Date: 10/07/2021 Prepared by: Title: – Zoning Name: Josephine Medina 09/16/2021 12:08 PM Submitted by: Title: – Zoning Name: Mike Bosi 09/16/2021 12:08 PM Approved By: Review: Planning Commission Diane Lynch Review item Completed 09/16/2021 3:20 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 09/16/2021 5:08 PM Zoning James Sabo Additional Reviewer Completed 09/20/2021 3:19 PM Zoning Mike Bosi Zoning Director Review Completed 09/20/2021 5:06 PM Growth Management Department James C French GMD Deputy Dept Head Completed 09/22/2021 10:07 PM Planning Commission Edwin Fryer Meeting Pending 10/07/2021 9:00 AM 9.A.4 Packet Pg. 687 CP-2020-2 / PL20190002353 Page 1 of 8 Estates Shopping Center Subdistrict 09/20/2021 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: October 7, 2021 SUBJECT: PETITION CP-2020-2 / PL20190002353, GROWTH MANAGEMENT PLAN AMENDMENT(Companion to PUDA PL20190002354) [ADOPTION HEARING] ELEMENT: RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN APPLICANTS/OWNERS/AGENTS: Richard D. Yovanovich, Successor Trustee of various Land Trusts Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 D. Wayne Arnold, AICP Richard D. Yovanovich, Esq. Q. Grady Minor and Associates, P. A. Coleman, Yovanovich & Koester, P.A. 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs, Florida 34134 Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject property comprises approximately 41.00 acres and is located at the northwest corner of Golden Gate Boulevard and Wilson Boulevard N, westward to 3rd Street NW. The property lies within the Rural Estates Planning Community, in Section 4, Township 49 South, Range 27 East. 9.A.4.a Packet Pg. 688 Attachment: 01_CCPC Adoption Staff Report 92021 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2020-2 / PL20190002353 Page 2 of 8 Estates Shopping Center Subdistrict 09/20/2021 PURPOSED AMENDMENT/DESCRIPTION OF PROJECT: The subject property is designated Estates Designation, Commercial District, Estates Shopping Center Subdistrict, as identified in the Rural Golden Gate Estates Future Land Use Map of the Golden Gate Area Master Plan (GGAMP). The petition proposes to revise the Estates Shopping Center Subdistrict in order to modify the permitted land uses within the Subdistrict and to remove an existing conceptual plan from the existing document, which is Ordinance 2011-29 and is included as Attachment A. Additionally, a clear copy of the existing conceptual plan from that ordinance is included as Attachment B. This request reduces the general commercial square footage from an existing 190,000 to 50,000 square feet. The applicant proposes specific uses not included as part of the proposed commercial square footage reduction to 50,000 square feet, which are listed: • The principal uses are “governmental facilities, animal shelters, animal service centers. Wildlife refuge and sanctuaries, zoological attractions, veterinary services or their accessory uses.” The additional square footage is proposed as animal sanctuary & zoological attractions known as the Shy Wolf Sanctuary. There was no commercial analysis provided. The companion Planned Unit Development (PUD) proposed uses and parcels to be allocated as follows: ▪ ±10-acre portion of the site at Wilson and Golden Gate Blvd to remain with commercial uses. ▪ ±10-acre portion of the site at 1st St. NW is donated to Collier County for public uses. 9.A.4.a Packet Pg. 689 Attachment: 01_CCPC Adoption Staff Report 92021 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2020-2 / PL20190002353 Page 3 of 8 Estates Shopping Center Subdistrict 09/20/2021 ▪ ±14-acre portion of the site is Shy Wolf animal sanctuary and animal education uses, Shy Wolf animal shelters, animal service centers, wildlife refuges and sanctuaries, zoological attractions veterinary services and their accessory, including dormitory units. REQUESTED ACTION: To amend an established Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element text, and Rural Golden Gate Estates Future Land Use Map and Map Series of the Growth Management Plan (GMP) by: 1) Amending the Estates – Commercial District to decrease the amount of general commercial square footage to 50,000 square feet, 2) Exempting governmental facilities, animal shelters, animal service centers. Wildlife refugee and sanctuaries, zoological attractions, veterinary services or their accessory uses from the commercial square footage limitation, 3) Allowing dormitories as an accessory use incidental to and supporting of zoological attractions and animal service centers, 4) Replacing detailed list of allowable commercial uses with simplified permitted and conditional uses of the C-1 through C-3 Zoning District. 5) Removing outdoor music prohibition, 6) Removing minimum subdistrict boundary distance requirements for commercial buildings, 7) Reducing landscape buffer requirements, 8) Removing commercial building square foot limitations, 9) Removing phasing requirements, 10) Allowing the development of a maximum of 12 single family dwelling units in accordance with the Residential Estates Subdistrict in the alternative to some uses being developed. 11) Removing an existing Subdistrict Conceptual Plan from the Rural Golden Gate Estates Sub- Element. The Subdistrict language proposed by this amendment is found in Ordinance Exhibit “A”. PREVIOUS TRANSMITTAL ACTIONS: Transmittal hearings on the proposed Growth Management Plan amendment were held on April 19, 2021 by the CCPC (Collier County Planning Commission). The Transmittal recommendations/ actions are presented below. Within CCPC materials provided, you will find the transcript of the April 19, 2021 CCPC transmittal hearing, and the CCPC staff report for the petition, which provides staff’s detailed analysis of the petition. In accordance with Chapter 163.3184(3)(b)1., F.S., pertaining to the Expedited State Review Process, this Transmittal package was provided to the Florida Department of Economic Opportunity (DEO) and other reviewing agencies on July 06, 2021. 9.A.4.a Packet Pg. 690 Attachment: 01_CCPC Adoption Staff Report 92021 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2020-2 / PL20190002353 Page 4 of 8 Estates Shopping Center Subdistrict 09/20/2021 TRANSMITTAL: STAFF RECOMMENDATION: To Transmit to DEO subject to the applicant providing a trip cap as part of the PUD and tying accessory uses for housing to Shy Wolf Sanctuary when the item comes back for adoption. CCPC RECOMMENDATION: Transmit to DEO (Vote 5/5). BOARD ACTION: Transmit to DEO (Vote 4/0). STAFF SUMMARY OF THE NEIGHBORHOOD INFORMATION MEETING: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05.F was [duly advertised, noticed and] held on Wednesday, December 09, 2020, 5:30 p.m. at North Collier Regional Park, Conference Room A, 15000 Livingston Road, Naples . Approximately 20 people attended in-person and 4 people via Zoom connections, other than the application team and County staff attended ‒ and heard the following information: The agents representing this petition (Rich Yovanovich, D. Wayne Arnold) introduced other members of the application team present. They also introduced staff Planner representing Collier County ‒ Corby Schmidt, AICP, Principal Planner and project coordinator for the GMP amendment petition, Nancy Gundlach, AICP, Principal Planner and project coordinator for the PUD amendment petition, and Anita Jenkins, Supervisor. Also present were, representatives from Shy Wolf, who are involved in the Estates Shopping Center property. Mr. Yovanovich identified the two subject property’s locations, one fronting on 4th Street NE, and one at Golden Gate Boulevard and Wilson Boulevard N. He described the proposed commercial development that includes (a gas station with fuel pumps, which will necessitate five (5) deviations [in the companion PUD] of) 50,000 sq. ft. of C-4 intensity, both by-right and conditional use commercial uses, multi-family residential uses, that the Subdistrict would allow. Neighbors voiced their concern over the proposed essential services personnel (ESP) housing – and the intensity of 30 residential units on 10 acres. In the absence of the multi-family ESP housing, provisions are included for single-family residences. Many of those present agreed with the idea that westbound traffic on Golden Gate is already a “nightmare” problem, and objected to locating multi-family housing near the Wilson Blvd. intersection. They asked the developers to consider alternatives, such as restricting or limiting commercial development and commercial traffic on westerly portion of the property. Jim Banks, Transportation Planner for the project team, indicated no other intersection along Golden Gate will warrant another signal, and the commercial uses will need to be accommodated by other methods. Another speaker objected to the uses available on the 10 acre parcel. County Board Commissioner Mc Daniels joined the group. Mr. Yovanovich reviewed the groups’ opposition to placing 30 essential services personnel housing on the 10 acre parcel. The first Zoom caller was taken, asking about the 10 acres. Mr. Yovanovich clarified how there is a 9.A.4.a Packet Pg. 691 Attachment: 01_CCPC Adoption Staff Report 92021 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2020-2 / PL20190002353 Page 5 of 8 Estates Shopping Center Subdistrict 09/20/2021 property exchange agreement. The County will decide whether these acres become government services, or a park or another use allowed. The information meeting was completed by 6:20 p.m. The applicant transcribed the full proceedings of this meeting, and that transcription, along with their PowerPoint presentation are on record and included in the agenda materials. [Summary prepared by C. Schmidt, AICP, Principal Planner] REVIEW AGENCY LETTERS: After BCC approval to transmit the GMPA on May 25, 2021 (Resolution 2021-110) and in accordance with Chapter 163.31.84(3)(a) F.S., staff prepared a letter/packet requesting State agencies review the Transmitted amendment with each reviewing agency’s authorized scope of review, the Florida Department of Economic Opportunity (DEO), as well as the Florida Department of Environmental Protection (DEP), Florida Department of Agriculture and Consumer Services/Florida Forest Service, Florida Department of State/Bureau of Historic Preservation, Florida Fish and Wildlife Conservation Commission, South Florida Water Management District (SFWD), Southwest Florida Regional Planning Council, and Florida Department of Transportation rendered their comment letters indicating “no comment’ or “no adverse impacts found” or the agency did not respond. The Comments Letters received are located within materials provided to the CCPC. The remaining reviewing agencies did not provide a Comment Letter. Florida State Statutes state the following under “Expedited State Review Process for Adoption of Comprehensive Plan Amendments” Chapter 163.3184 (4) (c) 1, “The local government shall hold its second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments pursuant to subsection (11). If the local government fails, within 180 days after receipt of agency comments, to hold the second public hearing, the amendments shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected person that provided comments on the amendment…” The County received the DEO agency comment letter on July 6, 2021. The 180-day timeframe to hold the second public hearing on whether to adopt the petition ends on January 2, 2022. ADOPTION: Subsequent to GMPA transmittal to the DEO, Exhibit “A” was revised with the following changes: • Replacement of up to 50 residential dwelling units with 12 single family dwelling units to be developed as an alternative to some of the uses being developed. • Moving dormitory language under accessory uses and limiting the use as incidental and in support of zoological attractions and animal services centers • Addition of government facilities as a use not subject to commercial square foot limitation. • Addition of exception for a portion of Tract C landscape buffer width An excerpted of specific text changes has been provided below. Text deletions are shown in double strike through and text additions are double underlined. 2. Estates Shopping Center Subdistrict [Page 18] 9.A.4.a Packet Pg. 692 Attachment: 01_CCPC Adoption Staff Report 92021 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2020-2 / PL20190002353 Page 6 of 8 Estates Shopping Center Subdistrict 09/20/2021 *** *** *** *** *** TEXT BREAK *** *** *** *** *** All development in this Subdistrict shall comply with the following requirements and limitations: a. Allowable Uses, as identified with a number from the Standard Industrial Classification Manual, shall be limited to the following: 1. All Permitted and conditional uses of the C-1 through C-3 Zoning District 2. Public Parks 3. Animal shelters, animal services centers, wildlife refuges and sanctuaries, and zoological attractions 4. Cultural, educational ecological or recreational facilities 5. Residential dwelling units not to exceed 50 units. Dormitory uses shall be permitted as an accessory use and is not subject to dwelling unit limitation In the alternate to the foregoing uses 2,3, and 4 above, this Subdistrict may be developed with a maximum of 12 single family dwelling units in accordance with the Residential Estates Subdistrict. *** *** *** *** *** TEXT BREAK *** *** *** *** *** b. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Utility buildings (including water and wastewater plants) which shall be enclosed 2. Essential service facilities 3. Gazebos, statuary and other architectural features 4. Utilities, water and wastewater facilities and/or plants (all processing plants must be enclosed) 5. Alcohol service for outdoor dining shall only be accessory to food service 6. Dormitory, as incidental to and supporting of zoological attractions and animal services centers and shall not be subject to the dwelling unit limitation. *** *** *** *** *** TEXT BREAK *** *** *** *** *** ed.DRetail and commercial development intensity shall be limited to 1950,000 square feet of gross leasable floor area. The limitation herein does not apply to governmental facilities, animal shelters, animal service centers, wildlife refuges and sanctuaries, zoological attractions, veterinary services or their accessory uses. *** *** *** *** *** TEXT BREAK *** *** *** *** *** jf. Development standards, including permitted uses and setbacks for principal buildings shall be established at the time of PUD rezoning. Any future PUD rezone shall include at a minimum: 1. Landscape buffers adjacent to external rights-of-way shall be: a minimum 20-foot- wide type D landscape buffer, except for Tract C which may reduced to 14 feet on 3rd Street NW:. ADOPTION STAFF ANALYSIS: Staff has reviewed changes above as well as specifics that have resulted changes to the companion PUDA for consistency with the GMP goals and policies. FLUE Policy 5.6 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, a compatibility analysis might include a review of the subject proposal comparing it to surrounding properties as to the allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, 9.A.4.a Packet Pg. 693 Attachment: 01_CCPC Adoption Staff Report 92021 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2020-2 / PL20190002353 Page 7 of 8 Estates Shopping Center Subdistrict 09/20/2021 architectural features, amount and type of open space, and location. Staff notes that specifics regarding internal compatibility should the alternative single family residential use in either Tract B or C be developed adjacent to non-residential use Tracts internal to the project should be identified within the PUD petition. Environmental Impacts: The subject property is 40.62 acres. The amount of native vegetation (27.81 acres) onsite has been field verified by staff during review of the Planned Unit Development (PUD) for the project. The project is currently zoned PUD (Estates Shopping Center). Staff has identified the PUD is within Wellfield Risk Management Special Treatment Overlay zones ST/W-1 through ST/W-3, as defined in LDC Section 3.06.00. The proposed GMP amendment land uses must be compliant with LDC Section 3.06.12. The proposed GMP amendment requests a deviation to the Coastal and Conservation Management Element (CCME) Policy 6.1.1(2) of the GMP, which states preservation of native vegetation shall be in the largest contiguous area possible. As part of the PUD, there are three separate entities that will develop the three tracts within the PUD. Much of the project site has been previously impacted and developed with single family homes. The existing vegetation is not contiguous to any other native vegetation preservation areas. Requests for deviations to the native vegetation retention requirements in the GMP and LDC are allowed pursuant to CCME Policy 6.1.1(13). The CCME Policy is as follows: CCME Policy 6.1.1 (13) (13) The County may grant a deviation to the native vegetation retention requirements of sub- sections 2, 4, 5, 10, and 12 of this Policy, and shall adopt land development regulations to set forth the process for obtaining a deviation. The regulations shall allow for the granting of a deviation by the appropriate review board after a public hearing, and for the granting of a deviation administratively. The County shall consider the amount and type of native vegetation and the presence of listed species in determining whether the granting of a deviation requires a public hearing or may be granted administratively. The County may grant a deviation if: a. County, Federal or State agencies require that site improvements be located in areas which result in an inability to meet the provisions of this Policy, or b. On or off-site environmental conditions are such that the application of one or more provisions of this Policy is not possible or will result in a preserve area of lesser quality, or c. The strict adherence to these provisions will not allow for the implementation of other Plan policies that encourage beneficial land uses. Given the above, as well as previous impacts to the site due to the development of single-family homes and the project will be developed by three separate entities, staff supports the request to allow two unconnected preserves within the PUD and recommends approval of the GMP amendment. This project does require Environmental Advisory Council (EAC) review, as this project did meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Code of Laws and Ordinances. Specifically, the applicant is requesting a deviation from CCME 9.A.4.a Packet Pg. 694 Attachment: 01_CCPC Adoption Staff Report 92021 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2020-2 / PL20190002353 Page 8 of 8 Estates Shopping Center Subdistrict 09/20/2021 Policy 6.1.1(2) to allow to two preserves not connected within the site. STAFF RECOMMENDATION: Staff recommends that the County Planning Commission forward Petition CP-2020-2 / PL20190002353 to the Board of County Commissioners with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity and reviewing agencies that provided comments. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney’s Office on September 20, 2021. G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2020 Cycles & Smalls\CP-20-2, Estates Shppng Cntr Subd GGAMP\CCPC\01_CCPC Adoption Staff Report 92021.docx 9.A.4.a Packet Pg. 695 Attachment: 01_CCPC Adoption Staff Report 92021 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 696 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 697 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 698 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 699 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 700 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 701 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 702 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 703 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 704 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 705 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 706 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 707 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 708 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 709 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 710 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.b Packet Pg. 711 Attachment: 02_CCPC Adoption Ordinance - 090121 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ORDINANCE NO. 2011- 29 J 4 C., . AN ORDINANCE AMENDING ORDINANCE NO. 89-05, A$ AMENDED, THE COLLIER COUNTY GROW11l. MANAGEMENT PLAN FOR THE UNINCORPORATED AREA, OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN_ AMENDMENT, SPECIFICALL Y AMENDING THE GOLDEN GATE AREA MASTER PLAN, INCLUDING THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES TO CREATE THE ESTATES SHOPPING CENTER SUBDISTRICT, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORDIA DEP ARTMENT OF ECONOMIC OPPORTUNITY, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. J C. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, D. Wayne Arnold of Q. Grady Minor and Associates, and Richard Y ovanovich, Esquire of Coleman, Y ovanovich and Koester, P.A. requested an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series to create the Estates Shopping Center Subdistrict to allow a maximum of 190,000 square feet of commercial uses of the C-l through C-3 zoning districts, with exceptions, and some uses of the C-4 and C-5 zoning districts with a requirement to construct a grocery store for property located on the north side of Golden Gate Boulevard extending from Wilson Boulevard west to 3rd Street Northwest, in Section 4, Township 49 South, Range 27 East, consisting of 40.62:i:: acres; and Petition No. CP-2008-1 Rev. 8/09/11 Words struek dtroHgh are deletions; words underlined are additions indicate page breaks * *** 9.A.4.c Packet Pg. 712 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.c Packet Pg. 713 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) SECTION TWO:SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of ~, 2011. ATTEST: DWIGHT E"\$.OOI(r,.~LERK v . ". ()" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1u-L w. ~ FRED W. COYLE, ChaIrm OC0 eidi As ton-Cicko Assistant County Attorney Section Chief, Land Use/Transportation This ordinance filed with the Secretary of State's OHiCQ tht? doy 0 , 2Ql.L and acknowle gemc.nt ot th!Jt fHin received this ..w.. doy of '20 \ 3 CP\II-CMP-00793\31 Petition No. CP-2008-1 Rev. 8/09/11 Words struek through are deletions; words underlined are additions indicate page breaks * *** 9.A.4.c Packet Pg. 714 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2008-1 Exhibit A GOLDEN GATE AREA MASTER PLAN Policy 1.1.2: Page 4] The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: B. ESTATES - COMMERCIAL DISTRICT 1. Interchange Activity Center Subdistrict 2. Pine Ridge Road Mixed Use Subdistrict 3. Randall Boulevard Commercial Subdistrict 4. Commercial Western Estates Infill Subdistrict 5. Golden Gate Estates Commerciallnfill Subdistrict 6. Estates Shoooina Center Subdistrict B. Estates - Commercial District 6. Estates ShoDDina Center Subdistrict - Recoanizina the need to provide for centrally located basic aoods and services within a oortion Northern Golden Gate Estates. the Estates Shoooina Center Subdistrict has been desianated on the Golden Gate Area Future Land Use Mao. The Subdistrict is located at the NW corner of Golden Gate Boulevard and Wilson Boulevard westward to 3rd Street NW and extendina northward to include the southern 180 feet of Tracts 142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit 11 of Golden Gate Estates. totalina aooroximately 41 acres. The Estates Shoooina Center Subdistrict is intended to orovide convenient shoooina. personal services and emoloyment for the central areas of Northern Golden Gate Estates. Commercial develooment in this Subdistrict will reduce drivina distances for many residents. assist in minimizina the road network reauired. and reduce traffic imoacts in this area of Collier County. All develooment in this Subdistrict shall comoly with the followina reauirements and limitations: a. Allowable Uses shall be limited to the followina: 1. Amusement and recreation Grouos 7911- Dance studios. schools and halls. excludina discotheaues 7991 - Physical fitness facilities Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. 1 9.A.4.c Packet Pg. 715 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2008-1 7999 - Amusement and recreation services. not elsewhere classified. allowina only day camos. aymnastics instruction. iudo/karate instruction. soortina aoods rental and yoaa instruction 2. Aooarel and accessorv stores (no adult oriented sales) Grouos 5611 - Men's and boys' clothina and accessory stores 5621 - Women's clothina stores 5632 - Women's accessory and soecialtv stores 5641 - Children's and infants' wear stores 5651 - Family clothing stores 5661 - Shoe stores 5699 - Miscellaneous aooarel and accessory stores 3. Automotive dealers and aasoline service stations Grouos 5531 - Auto and home suooly stores 4. Automotive reoair. services and oarkina (No outdoor reoair/service. All reoairs/services to be oerformed bY authorized automotive technician.) Grouos 7514 - Passenaer car rental 5. Buildina materials. hardware. aarden suooly. and mobile home dealers Grouos 5231 - Paint. alass. and walloaoer stores 5251 - Hardware stores 5261 - Retail nurseries. lawn and aarden suOOly stores 6. Business services Grouos 7334 - PhotocooYina and duolicatina services 7335 - Commercial ohotoaraohy 7336 - Commercial art and araohic design 7338 - Secretarial and court reoortina services 7342 - Disinfectina and pest control services 7352 - Medical eauioment rental and leasina 7359 - Eauioment rental and leasina. not elsewhere classified. excludina the followina uses: airplane rental and leasing: coin ooerated machine rental and leasina: industrial truck rental and leasina: oil field eauioment rental and leasina: oil well drillina eauioment rental: leasina: toilets. portable - rental and leasina: and vendina machines - rental only 7371 - Com outer oroarammina services 7372 - Preoackaaed software 7373 - Com outer intearated systems desian 7374 - Comouter orocessina and data oreoaration and orocessina services 7375 - Information retrieval services 7376 - Com outer facilities manaaement services 7379 - Com outer related services. not elsewhere classified 7382 - Security systems services 7383 - News syndicates 7384 - Photofinishina laboratories 7389 - Business services. not elsewhere classified Words underlined are added; words struck through are deleted. Row of asterisks (*** u* *U) denotes break in text. 2 9.A.4.c Packet Pg. 716 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2008-1 7. Communications Grouos 4812 - Radioteleohone communications 4841 - Cable and other oav television services 8. Construction soecial trade contractors (office use only. no on-site materials or eauioment storage) Grouos 1711 - Plumbina. heatina and air-conditioning 1721 - Paintina and oaoer hanaina industry 1731 - Electrical work industry 1741 - Masonrv. stone settina. and other stone work 1742 - Plasterina. drvwall. acoustical. and insulation work 1743 - Terrazzo. tile. marble. and mosaic work industry 1751 - Caroentrv work 1752 - Floor lavina and other floor work. not elsewhere classified industry 1761 - Roofina. sidina. and sheet metal work industry 1771 - Concrete work industry 1781 - Water well drillina industry 1791 - Structural steel erection 1793 - Glass and alazina work 1794 - Excavation work 1795 - Wreckina and demolition work 1796 - Installation or erection of buildina eauioment. not elsewhere 1799 - Soecial trade contractors. not elsewhere classified 9. Deoositorv institutions Grouos 6021 - National commercial banks 6022 - State commercial banks 6029 - Commercial banks. not elsewhere classified 6035 - Savinas institutions. federallv chartered 6036 - Savinas Institutions. not federallv chartered 6061 - Credit unions. federallv chartered 6062 - Credit unions. not federallv chartered 6091 - Non-deoosit trust facilities 6099 - Functions related to deoositorv bankina. not elsewhere classified 10. Eatina and drinkina olaces (Grouo 5812. includina onlv Iiauor service accessory to the restaurant use. no outdoor music or televisions. and no windows or walls ooen to the outside. exceot as reauired bv code) 11. Enaineerina. accounting. research. manaaement. and related services Grouos 8711 - Enaineerina services 8712 - Architectural services 8713 - Survevina services 8721 - Accountina. auditina. and bookkeeoina services 8741 - Manaaement services 8742 - Manaaement consultina services 8743 - Public relations services 8748- Business consultina services. not elsewhere classified Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. 3 9.A.4.c Packet Pg. 717 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2008-1 12. Executive. leaislative. and aeneral aovernment. exceot finance Grouos 9111 - Executive offices 9121 - Leaislative bodies 9131 - Executive and leaislative offices combined 9199 - General government. not elsewhere classified 13. Food stores Grouos 5411 - Grocery stores (minimum 27.000 sauare feet) 5421 - Meat and fish (seafood) markets. includina freezer orovisioners 5431 - Fruit and veaetable markets 5441 - Candy. nut. and confectionery stores 5451 - Dairv oroducts stores 5461 - Retail bakeries 5499 - Miscellaneous food stores. includina convenience stores with fuel oumos and carwash 14. General merchandise stores Grouos 5311 - Deoartment stores 5331 - Variety stores 5399 - Miscellaneous aeneral merchandise stores 15. Home furniture. furnishings. and eauioment stores Grouos 5712 - Furniture stores 5713 - Floor coverina stores 5714 - Draoerv. curtain. and uoholstery stores 5719 - Miscellaneous home furnishinas stores 5722 - Household aooliance stores 5731 - Radio. television. and consumer electronics stores 5734 - Com outer and comouter software stores 5735 - Record and orerecorded taoe stores (no adult oriented sales) 5736 - Musical instrument store 16. Insurance carriers Grouos 6311 - Life insurance 6321 - Accident and health insurance 6324 - Hosoital and medical service olans 6331 - Fire. marine. and casualtv insurance 6351 - Surety insurance 6361 - Title insurance 6371 - Pension. health and welfare funds 6399 - Insurance carriers. not elsewhere classified 6411 - Insurance aaents 17. Justice. oublic order and safety Grouos 9221 - Police orotection 9222 - Leaal counsel and orosecution 9229 - Public order and safety. not elsewhere classified Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. 4 9.A.4.c Packet Pg. 718 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2008-1 18. Meetina and banauet rooms 19. Miscellaneous retail (no adult oriented sales) Grouos 5912 - Drua stores and oroorietarv stores 5921 - Liauor stores (accessorv to arocerv or oharmacv only)5932 - Used merchandise stores 5941 - Soortina aoods stores and bicvcle shoos 5942 - Book stores 5943 - Stationery stores 5944 - Jewelrv stores. includina reoair 5945 - Hobby. tOY. and aame shoos 5946 - Camera and ohotoaraohic suoolv stores 5947 - Gift. noveltv. and souvenir shoos 5948 - Luaaaae and leather aoods stores 5949 - Sewina. needlework. and oiece aoods stores 5992 - Florists 5993 - Tobacco stores and stands 5994 - News dealers and newsstands 5995 - Ootical aoods stores 5999- Miscellaneous retail stores. not elsewhere classified (excluding aravestone. tombstones. auction rooms. monuments. swimmingDOOrS. and sales barns) 20. Non-deoositorv credit institutions Grouos 6111 - Federal and federallv-soonsored credit aaencies 6141 - Personal credit institutions 6153 - Short-term business credit institutions. exceot aaricultural 6159 - Miscellaneous business credit institutions 6162 - Mortaaae bankers and loan corresoondents 6163 - Loan brokers 21. Offices and clinics of dentist (Grouo 8021) 22. Personal services Grouos 7212 - Garment oressina. and aaents for laundries and drvcleaners 7221 - Photoaraohic studios. oortrait 7231 - Beautv shoos 7241 - Barber shoos 7251 - Shoe reoair shoos and shoeshine oarlors 7291 - Tax return oreoaration services 7299 - Miscellaneous oersonal services. not elsewhere classified. excludina massaae oarlors. Turkish baths and escort services 23. Public finance. taxation. and monetary oolicv (Grouo 9311) 24. Real Estate Grouos 6512 - Ooerators of nonresidential buildinas 6513 - Ooerators of aoartment buildinas Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. 5 9.A.4.c Packet Pg. 719 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2008-1 6514 - Ooerators of dwellinas other than aoartment buildinas 6515 - Ooerators of residential mobile home sites 6517 - Lessors of railroad orooertv 6519 - Lessors of real orooertv. not elsewhere classified 6531 - Real estate agents and manaaers 6541 - Title abstract offices 6552 - Land subdividers and develooers. exceot cemeteries 25. Schools and educational services. not elsewhere classified (Grouo 8299) 26. Security and commodity brokers. dealers. exchanaes. and services Grouos 6211 - Security brokers. dealers. and flotation comoanies 6221 - Commodity contracts brokers and dealers 6231 - Security and commodity exchanaes 6282 - Investment advice 6289 - Services allied with the exchanae of securities or commodities. not elsewhere classified 27. Social services Grouos 8322 -Individual and familv social services (adult day care centers onlv) 8351 - Child day care services 28. Travel agencies (Grouo 4724) 29. Veterinary services for animal soecialties (Grouo 0742. excludina outside kennelina) 30. Video taoe rental (Grouo 7841. excludina adult oriented sales and rentals) 31. United states Dostal service (Grouo 4311. excludina maior distribution centers) 32. Anv other orincioal use which is comoarable in nature with the foreaoina list of oermitted orincioal uses. as determined bv the Board of Zonina Aooeals ("BZA") bv the orocess outlined in the LDC. b. Accessorv Uses: 1. Accessorv uses and structures customarilv associated with the oermitted orincioal uses and structures. includina. but not limited to: a. Utilitv buildinas (jncludina water and wastewater olants) which shall be enclosed b. Essential service facilities c. Gazebos. statuarv and other architectural features d. Utilities. water and wastewater facilities and/or olants (all orocessina olants must be enclosed) e. Alcohol service for outdoor dining shall onlv be accessorv to food service Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. 6 9.A.4.c Packet Pg. 720 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2008-1 c. Ooerational Standards 1. Outdoor music is orohibited d. The fOllowina uses shall be Drohibited: 1. Amusement and recreation services. not elsewhere classified (Grouo 7999. exceptthoseusesexoresslvlistedaboveina.1 are oermitted) 2. Air and water resource and solid waste manaaement (Grouo 9511) 3. Business Services Grouos 7313 - Radio. television. and oublishers' advertisina reoresentatives 7331 - Direct mail advertisina services 4. Correctional Institutions (Grouo 9223) 5. Drinkina olaces (alcoholic beveraaes) (Grouo 5813) 6. Educational services Grouos 8211 - Elementary and secondary schools 8221 - Colleaes. universities. and orofessional schools 8222 - Junior colleaes and technical institutes 8231 - Libraries 7. Health services Grouos 8062 - General medical and suraical hosoitals 8063 - Psychiatric hosoitals 8069 - Soecialtv hosoitals. exceot osvchiatric 8. Miscellaneous Retail Grouos 5921 - Liauor stores 5961 - Cataloa and mail-order houses 5962 - Automatic merchandisina machine ooerators 9. Personal services Grouos 7211 - Power Laundries. familv and commercial 7261 - Funeral service and crematories 10. Social services Grouos 8322 - Individual and familv social services. excluding adult day care centers 8361- Residential care. includina souo kitchens and homeless shelters Words underlined are added; words strl:Jok throl:Jgh are deleted. Row of asterisks (*** *** ***) denotes break in text. 7 9.A.4.c Packet Pg. 721 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2008-1 e. Develooment intensity shall be limited to 190.000 sauare feet of aross leasable floor f. No commercial use shall exceed fifteen thousand (15.000) sauare feet. exceot for a sinale arocerv store use between twenty-seven thousand (27.000) and sixty thousand 60.000) sauare feet in size. a sinale commercial use of uD to thirtv thousand (30.000) sauare feet in size. and a sinale commercial use of uo to twenty thousand (20.000) sauare feet in size. Q. No buildina may exceed 30.000 sauare feet in size. exceot for the arocerv anchored buildina with inline stores. h. Develooment within this Subdistrict shall be ohased and the followina commitments related to area roadway imorovements shall be comoleted within the soecified timeframes: 1. Riaht-of-Wav for Golden Gate Boulevard Exoansion and Riaht-of-Wav for the Wilson Boulevard Exoansion will be donated to the County at no cost within 120 days of a written reauest from the County. 2. The owner will oav its fair share for the intersection imorovements at Wilson Boulevard and Golden Gate Boulevard within 90 days of County reauest for reimbursement. 3. Until the intersection imorovements at Golden Gate Boulevard and Wilson Boulevard are comolete. the County shall not issue a Certificate(s) of Occuoancv (CO) for more than 100.000 sauare feet of develooment. The aoolicant must obtain a C.O. for a Qrocerv store as Dart of this 100.000 sauare feet. and the arocerv store must be the first C.O. obtained. i. Rezonina is encouraaed to be in the form of a Planned Unit Develooment (PUDl. and the rezone ordinance must contain develooment standards to ensure that all commercial land uses will be comoatible with neiahborina residential uses. This subdistrict includes a conceotual olan. which identifies the location of the oermitted develooment area and reauired oreserve area for this subdistrict. The oreserve area deoicted on the conceotual olan shall satisfy all comorehensive olan reauirements for retained native veaetation. includina but not limited to the reauirements of Policv 6.1.1 of the CCME. A more detailed develooment olan must be develooed and utilized for the reauired PUD rezoning. i. Develooment standards. includina oermitted uses and setbacks for orincioal buildingsshallbeestablishedatthetimeofPUDrezonina. Anv future PUD rezone shall include at a minimum: 1) Landscaoe buffers adiacent to external riahts-of-wav shall be: 1st/3rd Streets- Minimum 30' wide enhanced buffer Wilson Boulevard- Minimum 25' wide enhanced buffer Golden Gate Boulevard- Minimum 50' wide enhanced buffer Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. 8 9.A.4.c Packet Pg. 722 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2008-1 2) Exceot for the utilitv buildina. no commercial buildina may be constructed within 125feetofthenorthernorooertvboundaryandwithin300' of the 3rd Street NW boundary ofthissubdistrict. 3) Anv oortion of the Proiect directlv abuttina residential orooertv (orooertv zoned E-Estates and without an aD 0 roved conditional use) shall orovide. at a minimum. aseventy-five (75) feet wide buffer. exceot the westernmost 330' of Tract 106. which shallorovideaminimum20' wide buffer in which no oarkina uses are oermitted. Twentv-five25) feet of the width of the buffer alona the develooed area shall be a landscaoe buffer.A minimum of fifty (50) feet of the buffer width shall consist of retained or re-olantednativeveaetationandmustbeconsistentwithsubsection3.05.07.H of the CollierCountyLandDeveloomentCode (LDC). The native veaetation retention area mayconsistofaoerimeterbermandbeusedforwatermanaaementdetention. Anv newlvconstructedbermshallbereveaetatedtomeetsubsection3.05.07.H of the LDC (nativeveaetationreolantinareauirements). Additionallv. in order to be considered foraooroval. use of the native veaetation retention area for water manaaement ouroosesshallmeetthefollowinacriteria: a. There shall be no adverse imoacts to the native veaetation beina retained. Theadditionalwaterdirectedtothisareashallnotincreasetheannualhvdro-oeriodunlessitisoroventhatsuchwouldhavenoadverseimoacttotheexistinaveaetation. b. If the oroiect reauires oermittina bv the South Florida Water Manaaement District.the oroiect shall orovide a letter or official document from the District indicatina thatthenativeveaetationwithintheretentionareawillnothavetoberemovedtocomolvwithwatermanaaementreauirements. If the District cannot or will not suoolv such a letter. then the native veaetation retention area shall not be used for water manaaement. c. If the oroiect is reviewed bv Collier Countv. the develooer's enaineer shall orovide evidence that no removal of native veaetation is necessary to facilitate the necessary storaae of water in the water manaaement area. A. Estates Mixed Use District Page 27] 2) Neiahborhood Center Subdistrict - Recognizing the need to provide basicgoods, services and amenities to Estates residents, Neighborhood Centers have beendesignatedontheGoldenGateAreaFutureLandUseMap. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designationonlyprovidestheopportunitytorequestcommercialzoning. a) The Collier County Land Development Code shall be amended to provide rural designcriteriatoregulateallnewcommercialdevelopmentwithinNeighborhoodCenters.b) Locations Neighborhood Centers are located along major roadways and are distributed withinGoldenGateEstatesaccordingtocommercialdemandestimates, (See Map 9). The centers are designed to concentrate all new commercial zoning, and conditional uses, asallowedintheEstatesZoningDistrict, in locations where traffic impacts can be readily Words underlined are added; words struok through are deleted. Row of asterisks (*** *** ***) denotes break in text. 9 9.A.4.c Packet Pg. 723 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) CP-2008-1 accommodated and to avoid strip and disorganized patterns of commercial and conditional use development. Four Neighborhood Centers are established as follows: Wilson Boulevard and Golden Gate Boulevard Center. This center consists of all four three quadrants at the intersection of Wilson and Golden Gate Boulevards (See Map 10). The NE and SE quadrants of the Center consist of Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden Gate Estates. The NE quadrant of Wilson and Golden Gate Boulevards is approximately 8.45 acres. The parcels within the NE quadrant shall be interconnected and share access to Golden Gate Boulevard and Wilson Boulevard to minimize connections to these two major roadways. The SE quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial development, and allocates 2.15 acres to project buffering and right-of-way for Golden Gate Boulevard and Wilson Boulevard. Tho NW quadrant of the Conter is aJ:>proximatoly 4.98 acres in size and consists of Traot 144, Unit 11 of Goldon Gate Estates. The SW quadrant of the Center is approximately 4.86 acres in size and consists of Tract 125, Unit 12 of Golden Gate Estates. FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map Golden Gate Parkway Institutional Subdistrict Mission Subdistrict Estates Shoooina Center Subdistrict Estates Shoooing Center Subdistrict Conceotual Plan Words underlined are added; words struok through are deleted. Row of asterisks (*** *** ***) denotes break in text. 10 9.A.4.c Packet Pg. 724 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) EXHIBIT A LEGEND 11CIiM O~.........~ cT ClDfD~__.-cf EaTATQ DE-.a....8I8M.... Em.... stnUMIn .... ~ FEA~ o ........ m~1D .....,. D-.....- CIDl'as..ac:r Col. auu ..... t.I --...: I"lIlnEnra .... OlGI.Al rn E- ollC'Wf\'CDr1Dt---=r SifIRl ...... CIMIDI:MI. --.cT rc::.=-~L- CICIU8 ...,... CIIIMM:Ml. ...-:r I&. 8-==-~_~.-cr 1Ie:...} JIllC_......-cT u. IaU'WlII) ~ ...-.cT u- ...:;ra mAllS rn~-==4'lD~ DZW~ 1M#CMMR'...-....nm...:an_1llrMS. ca&:wiIb. 1"CILaS"'1.MIt _ ~_...... 1tt1DI000llllllQJlOl"'.........."""* rn E- IMMOKALEB ROAD rn ~ li! E- O z: l 3 DA VJB BOULEV AJlD II) 8_8. 84 Q i rn Ii! oi 0 &" ~ c.l OQ r,. ,., E- .; ,., 8 t' MXJI'lED 1'fBRUNtT".1.... AIiIEJreOUI IM1'1a. '"2 AMEJIlID - WAY 25. IMJ AMOtDEO - .&.1..1' n, lttJ JJ AMOID(t) APfla. 12. '.. wE:IWlQ) MARCH 14. ltl& AMDlCJtl) .Alt.1''' 2010 CRl. NO 2OlG-JI AUEJC)(.O .....,.. 28. 2010 0fl0. NO. 2016-32 E- 0Cl08[Jf27,llt7 AMOfJ(D APll. 14. 'lIS SU'lD&:R II. '. F'ElIiI'UNl:I'Ul_ MIOClED MAY e. 2000 MI()C)fJ) ~1).2CI01 AM:NDEO IiIAY 14, 2OD2 AMfHDID - 'iV''lU8Jt 10. 200J RI. NO. 2003-44 AMDCJm - (lCT(&JI 2&. lOO4 0ll0. NO.. 2004- 7'1 JNCJNtr 25. 2005 OlIO. NO. 200&-.i NIIDaD JIIJCJ/lRT 2:!l. '1JJa1 0IlD. NO 2007-1. o PETITION CP-2008-01 o,,~ft GOLDEN FUTURE LAND GATE AREA USE MAP lUlroKALBI!: ROAD SCALE I o 1 WI. 2 WI .} WI. 4 W, 5 WI R 26 E PREPARED 91': G1S/CAD MAPPING SECllON GROWTH "~T Ol\fSlON / PI...NrNNC . R(QJLATIOH DATE: 2/2O'TI FlU cP-2008-1-ADC R27E R28E 9.A.4.c Packet Pg. 725 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) IMMOKALEE ROAD EXHIBIT A GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS Collier County, Florida IMMOKALEE ROAD OIL WELL ROAD ci J CD Z o V1 J GOLDEN GATE BOULEVARD WHITE BLVD. o J CD cr w i J o U o 1 MI 2 MI INTERSTATE - 75 AMENDED - SEPTEMBER 10, 2003 Ord. No. 2003-44) AMENDED - OCTOBER 26. 2004 Ord. No. 2004- 71) AMENDED - JANUARY 25, 2007 Ord. No. 2007-19) AMENDED - OCTOBER 14. 2008 Ord No. 2008- 59) PREPARED BY: GIS/CAO MAPPING SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP-47-2008-2.DWG DATE: 9/2009 PETITION CP-2Q08..01 o J CD V1 w o J o cr w w GOWEN GAIT ESTA ITS N[tGHBORHCXXl CENTERS LEGEND NEIGHBORHOOD CENTERS 9.A.4.c Packet Pg. 726 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.c Packet Pg. 727 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.c Packet Pg. 728 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.c Packet Pg. 729 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011-29 Which was adopted by the Board of County Commissioners on the 14th day of September, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of September, 2011. DWIGHT E. BROCI\.,,,,. Clerk of Court.s"~W~,' Clp-rk Ex-officio to..~~J;d'..1.f"" ,; County com1~~~er~f';"".~_, V( . 1..~/.~.,::~.."7 ' ;, f ,J.' f '.. ,.;) ". ( ..',; . J , r:..... .~ . By: Martha Vej-~adt >,<' Deputy Clerk ,,,,,,,,,,, J 9.A.4.c Packet Pg. 730 Attachment: 03_Attachment A - Ordinance 2011-29 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.dPacket Pg. 731Attachment: 04_Attachment B- Subdistrict Concept Plan Removed ‒ 1 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: April 15, 2021 SUBJECT: PETITION CP-2020-2 / PL20190002353, GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] ELEMENT: RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN APPLICANTS/OWNERS/AGENTS: Richard D. Yovanovich, Successor Trustee of various Land Trusts Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 D. Wayne Arnold, AICP Richard D. Yovanovich, Esq. Q. Grady Minor and Associates, P. A. Coleman, Yovanovich & Koester, P.A. 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs, Florida 34134 Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject property comprises approximately 41.00 acres and is located at the northwest corner of Golden Gate Boulevard and Wilson Boulevard N, westward to 3rd Street NW. The property lies within the Rural Estates Planning Community, in Section 4, Township 49 South, Range 27 East. 3RD STREET NW 1ST STREET NW WILSON BLVD NORTH 9.A.4.e Packet Pg. 732 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 2 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element PURPOSE/DESCRIPTION OF PROJECT: The petition proposes to revise the Estates Shopping Center Subdistrict in order to modify the permitted land uses within the Subdistrict and to remove an existing conceptual plan from the existing document, which is Ordinance 2011-29 and is included as Attachment A. Additionally, a clear copy of the existing conceptual plan from that ordinance is included as Attachment B. The intent is to shift or transfer a portion of the commercial square footage now approved for the Estates Shopping Center project to the Immokalee Road – 4th Street Commercial Subdistrict project. This request reduces the general commercial square footage from an existing 190,000 to 50,000 square feet. The applicant proposes specific uses not included as part of the proposed commercial square footage reduction to 50,000 square feet, which are listed: • The principal uses are “exhibition operations, animal shelters, veterinary clinics, etc.” • The accessory uses are “dormitories, eating places, gift shops, maintenance buildings, etc.” The additional square footage is proposed as animal sanctuary & zoological attractions known as the Shy Wolf Sanctuary. There was no commercial analysis provided. The uses and parcels are allocated as follows: ▪ ±10-acre portion of the site at Wilson and Golden Gate Blvd remains commercial uses. ▪ ±10-acre portion of the site at 1st St. NW is donated to Collier County for public uses. ▪ ±14-acre portion of the site is Shy Wolf animal sanctuary and animal education uses, including up to 50 residential dormitory units associated with the Shy Wolf animal shelters, animal service centers, wildlife refuges and sanctuaries, zoological attractions veterinary services and their accessory uses. REQUESTED ACTION: To amend an established Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element text, and Rural Golden Gate Estates Future Land Use Map and Map Series of the Growth Management Plan (GMP) by: 1) Amending the Estates – Commercial District to revise existing provisions and decrease the amount of general commercial square footage, and add new Subdistrict provisions, and, 2) Removing an existing Subdistrict Conceptual Plan from the Rural Golden Gate Estates Sub- Element. The Subdistrict language proposed by this amendment is found in Resolution Exhibit “A”. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: Subject Property: The subject property is zoned E, Estates district and partially developed ‒ a ±41 acre parcel. The current Future Land Use designation is Estates ‒ Mixed Use District, Estates Shopping Center Subdistrict, that allows 190,000 square feet of general commercial land uses. Surrounding Lands: 9.A.4.e Packet Pg. 733 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 3 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element North: Immediately north of the subject property is zoned) are developed residentially. The Future Land Use designation for these land areas to the north is the Residential Estates Subdistrict. East: Immediately east of the subject property, across Wilson Blvd., is zoned Residential Estates, developing with a large-lot residential community. The Future Land Use designation for these land areas to the southeast, across the Golden Gate – Wilson intersection. Here lies the Snowy Egret (commercial Plaza and the Wilson Blvd. Center. South: Immediately south of the subject property, across Golden Gate Blvd., land is zoned E, Estates. are developed residentially. West: Immediately west of the subject property, across 3rd Street NW (a 2-lane undivided roadway) properties are zoned E, Estates district, and developed residentially. Then further west, land is zoned E, Estates, and contains parcels is land characterized by single-family residences and residential lots. These E-zoned parcels are within the Golden Gate Estates subdivision. The Future Land Use designation for these land areas to the west is the Residential Estates Subdistrict. In summary, the current zoning, and existing and planned land uses, in the area immediately surrounding the Subdistrict property are primarily suburban- and estate-type residences or residential lots to the north and west, while potential and tentative commercial properties lie to the east and south. BACKGROUND, CONSIDERATIONS AND ANALYSIS: This report addresses the minimum amount of [commercial] land needed to accommodate anticipated growth based on projected permanent and seasonal population of the area. This is accomplished through the analysis of the subject property and the surrounding area that includes inventorying the supply of existing commercially-developed and potential commercially- developable land, determining population growth, estimating the amount of commercial development that population will demand, and determining whether the Rural Golden Gate 9.A.4.e Packet Pg. 734 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 4 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element Estates Sub-Element of the Golden Gate Area Master Plan (GGAMP) allocates a sufficient amount of commercial land to accommodate growth. Goal 3 directs the County “to provide for limited commercial services and conditional uses for purposes of serving the rural needs of Golden Gate Estates residents, shortening vehicular trips, and preserving rural character.” Objective 3.2 of the Rural Golden Gate Estates Sub-Element further directs the County “to provide for new commercial development within Neighborhood Centers and other Commercial Land Use Designations.” These “other commercial land use designations” are addressed in Policy 3.2.1, which identifies a Randall Blvd. and Oil Well Rd. Corridor Study [2021]. This corridor study recognizes that future land uses be may be changed to commercial designations in this area. Commercial Analysis The C-3, Commercial Intermediate, zoning district allows multi-family residential uses. Commercial Development: Characteristics of the area immediately surrounding the subject property reveal a trend toward commercial development. Existing and planned land uses in the area are primarily suburban- and estate-type residences or residential lots in all directions, or residential lots to the north and west, while potential and tentative commercial properties lie to the east and south. Sites generally located within the 15-minute drive-time market area currently provide more than 1.25 Million sq. ft. and 308 acres of commercial use opportunities in the [Urban Land Institute (ULI)-defined] Neighborhood Center, Community Center, and Regional Center development categories. The amount of existing and zoned commercial space found within a 15-minute drive time of the proposed Subdistrict exceeds these 1,253,993 sq. ft. on 308.71 acres, as revealed by the market analysis evaluated below. Generally, commercial development can be categorized as strip commercial, neighborhood commercial, community commercial, regional commercial, and so forth, based upon shopping center size, commercial uses, and population/area served. Based on specific studies and/or demographic data for an area, such as population, income, household size, percentage of income spent on retail goods, etc., an analyst is able to estimate supportable commercial square feet for different commercial intensities for that geography by shopping center type. The petitioner characterizes development proposed for this Subdistrict as a community shopping center. The community shopping center is larger than a neighborhood center with neither a traditional department store nor the trade area of a regional shopping center. The Environmental Systems Research Institute (ESRI) calculates drive times and explains, in general, community centers have a drive time [market] area of 10 to 20 minutes depending on the size [given 192,700 sq. ft. average total floor space & 177,328 sq. ft. median floor space]. Petitioner’s Retail Market Analysis: The subject property is an existing Subdistrict allowing 190,000 sq. ft. of commercial uses. No market analysis for the reduction in commercial square footage was prepared. No analysis was prepared for proposed principal uses for exhibition operations, animal shelters, veterinary clinics, 9.A.4.e Packet Pg. 735 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 5 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element etc. And no analysis was provided for proposed accessory uses for “dormitories, eating places, gift shops, maintenance buildings, etc. intended as animal sanctuary & zoological attractions. ENVIRONMENTAL IMPACTS: An Environmental Report, dated September 2019, prepared by Marco Espinar of Collier Environmental Consultants, Inc. was submitted with this petition (Exhibit “V.C”). Environmental review specialists with Collier County’s Development Review Division, Environmental Planning Section reviewed these documents and provided the following comments: FINDING: The proposed GMP amendment has no effect on the requirements of the Conservation and Coastal Management Element (CCME) of the GMP. Native vegetation on site will be retained in accordance with the requirements of CCME Policy 6.1.1 and section 3.05.07 of the LDC. Regarding Flood Zone Information for PL20190002353: This planning project includes the following parcels, labeled 1 through 16 as indicated on following Digital Flood Insurance Rate Map (DFIRM) snip. Overall, these properties are indicated on the following Digital Flood Insurance Rate Map (DFIRM) snip in flood zone AH with a base flood elevation (BFE) of 13’ NAVD. The yellow and purple areas marked X and X500 flood zones are not in the Special Flood Hazard Area (SFHA). These flood zones are moderate to low risk and do not have assigned base flood elevations (BFEs). The remaining beige areas are flood zone AH, are within the SFHA, and do have BFEs. The only case where the BFE is 13.5’ NAVD is south of the blue contour line for the lots labeled 12, 11, 10, 8, 9, and 6. These designations of BFE apply to structures built within these parcels. If a structure is entirely within X or X500 flood zone, that is its flood zone and it has no BFE to be built according to. If a structure is partially within X or X500 flood zone and partially within AH flood zone, its flood zone is AH with its assigned BFE. If a structure touches a blue contour line, that line is BFE. 9.A.4.e Packet Pg. 736 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 6 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element TRAFFIC CAPACITY/TRAFFIC CIRCULATION IMPACT ANALYSIS, INCLUDING TRANSPORTATION ELEMENT CONSISTENCY DETERMINATION: JMB Transportation Engineering, Inc., submitted a Traffic Impact Statement, updated to 8/13/2020 (Exhibit “V.E1”). The project’s area of influence was determined to be Golden Gate Blvd., Wilson Blvd. and Collier Boulevard. The analysis studied: • Golden Gate Blvd.; ▪ Collier Blvd. to Wilson. ▪ Wilson to 18th St. ▪ 18th St. to Everglades Blvd. • Wilson Blvd., Immokalee Rd. to Golden Gate Blvd. • Collier Blvd.; ▪ Golden Gate Blvd. to Pine Ridge. ▪ Pine Ridge to Green Blvd. The proposed project’s approved trip cap of 550 daily (2-way) PM Peak Hour gross new trips routed. This trip cap was previously estimated on the lesser number of residential units and residents, while the more-recent figures show these figures to be higher. In any combination of uses, the approved trip cap of 410 daily (2-way) PM Peak Hour gross new trips must be the maximum limiting factor for this Subdistrict. PUBLIC FACILITIES IMPACTS: Application materials submitted include a Public Facilities Analysis, updated to May 8, 2020 (Exhibit “V.E”). No issues or concerns are identified regarding impacts on potable water, wastewater management, solid waste, drainage, park and recreational facilities, schools, or EMS and fire control services. But the Analysis is incomplete here, as it was prepared without the (up to) fifty (50) residential dwelling units as dormitory units associated with the Shy Wolf operations being considered; and without accounting for the potential aproximately160 residential units allowed by C-3 zoning. • Potable Water System: Public facilities are not available and development of the property will require (a) private potable water well(s). FINDING: Comprehensive Planning finds no adverse impacts to the potable water system. • Wastewater Treatment System: The subject project currently lies outside the service area of a wastewater reclamation facility and development of the property will require (a) private septic treatment system(s). FINDING: Comprehensive Planning finds no adverse impacts to the wastewater collection and treatment system. • Solid Waste Collection and Disposal: The solid waste disposal service provider is Collier County Solid Waste Management. The average daily disposal rate for the commercial project is estimated at 475 lbs. per day, with an estimated annual disposal of 86.7 tons. The AUIR recognizes that the County has approximately 42 years (2061) of remaining landfill capacity, but will reach its additional permitted capacity by or before 2051. 9.A.4.e Packet Pg. 737 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 7 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element FINDING: Comprehensive Planning finds no adverse impacts to the solid waste collection and disposal system. • Stormwater Management System: The AUIR does not identify any stormwater management improvement projects in the vicinity of the subject property. Future development will comply with the SFWMD and/or Collier County rules and regulations that assure controlled accommodation of stormwater events by both on-site and off-site improvements. FINDING: Comprehensive Planning finds no adverse impacts to the County’s stormwater management system. • Park and Recreational Facilities: No effect on the demand for community and regional parks is identified in this analysis of the proposed Subdistrict. Our analysis identifies only single- family residential development of 17 units and ±40 residents. The multi-family residential development allowed by C-3 zoning could represent aproximately160 residential units and more than 380 residents. FINDING: Comprehensive Planning finds no adverse impacts to the County’s Parks and Recreations system. • Schools: The analysis identifies no demand for public school facilities resulting from the proposed Subdistrict. FINDING: Comprehensive Planning finds no adverse impacts to the County’s school system. • Fire & Rescue, Emergency Medical (EMS), and Sheriff’s Services: • Fire protection and response services are provided by the Greater Naples Fire & Rescue District, with District Station 71. • Emergency Medical services are provided by the Collier County Bureau of Emergency Services, with EMS Station 71. • Protection services are provided by the Collier County Sherriff’s Office, with District 4 Substation. FINDING: Comprehensive Planning finds no adverse impacts to the County’s emergency services. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05.F was [duly advertised, noticed and] held on Wednesday, December 09, 2020, 5:30 p.m. at North Collier Regional Park, Conference Room A, 15000 Livingston Road, Naples . Approximately 20 people attended in-person and 4 people via Zoom connections, other than the application team and County staff attended ‒ and heard the following information: The agents representing this petition (Rich Yovanovich, D. Wayne Arnold) introduced other members of the application team present. They also introduced staff Planner representing Collier County ‒ Corby Schmidt, AICP, Principal Planner and project coordinator for the GMP amendment petition, Nancy Gundlach, AICP, Principal Planner and project coordinator for the PUD amendment petition, and Anita Jenkins, Supervisor. Also present were, representatives from Shy Wolf, who are involved in the Estates Shopping Center property. 9.A.4.e Packet Pg. 738 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 8 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element Mr. Yovanovich identified the two subject property’s locations, one fronting on 4th Street NE, and one at Golden Gate Boulevard and Wilson Boulevard N. He described the proposed commercial development that includes (a gas station with fuel pumps, which will necessitate five (5) deviations [in the companion PUD] of) 50,000 sq. ft. of C-4 intensity, both by-right and conditional use commercial uses, multi-family residential uses, that the Subdistrict would allow. Neighbors voiced their concern over the proposed essential services personnel (ESP) housing – and the intensity of 30 residential units on 10 acres. In the absence of the multi-family ESP housing, provisions are included for single-family residences. Many of those present agreed with the idea that westbound traffic on Golden Gate is already a “nightmare” problem, and objected to locating multi-family housing near the Wilson Blvd. intersection. They asked the developers to consider alternatives, such as restricting or limiting commercial development and commercial traffic on westerly portion of the property. Jim Banks, Transportation Planner for the project team, indicated no other intersection along Golden Gate will warrant another signal, and the commercial uses will need to be accommodated by other methods. Another speaker objected to the uses available on the 10 acre parcel. County Board Commissioner Mc Daniels joined the group. Mr. Yovanovich reviewed the groups’ opposition to placing 30 essential services personnel housing on the 10 acre parcel. The first Zoom caller was taken, asking about the 10 acres. Mr. Yovanovich clarified how there is a property exchange agreement. The County will decide whether these acres become government services, or a park or another use allowed. The information meeting was completed by 6:20 p.m. The applicant transcribed the full proceedings of this meeting, and that transcription, along with their PowerPoint presentation are on record and included in the agenda materials. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS: The reviews and analyses of this petition provide the following findings and conclusions: • The 41-acre subject property is designated Estates Shopping Center Subdistrict and is partially developed. • The proposed commercial, public, civic, and institutional use project will generate additional traffic. However, the removal of 140,000 square feet of commercial use will have a reduced impact. • 50 residential units are proposed to be allowed in dormitories, as accessory uses to the Shy Wolf operations. The potential residential development allowed by C-3 zoning could district represent approximately160 residential units. • The general commercial square footage is decreased from an existing 190,000 to 50,000 square feet. 9.A.4.e Packet Pg. 739 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 9 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element • In any combination of uses, the trip cap of 410 daily (2-way) PM Peak Hour gross new trips must be the maximum limiting factor for this Subdistrict. • The property, along with much of the surrounding area, is currently designated in the Rural Golden Gate Estates Sub-Element for mixed, residential and commercial development, uses and activities. • The lower commercial intensity of 50,000 sq. ft. of overall commercial floor space has been found to have supportable demand. The lack of specific square footage limits on animal shelters, animal service centers, wildlife refuges and sanctuaries, zoological attractions, veterinary services, and their accessory uses does not have the support of a commercial analysis. • Speakers present at the Neighborhood Information Meeting Neighbors voiced their concerns over the proposed essential services personnel housing – and the intensity of 30 residential units on 10 acres, and agreed with the idea that traffic on Golden Gate Parkway is already a problem. IDENTIFICATION AND ANALYSIS OF THE PERTINENT REQUIREMENTS FOR COMPREHENSIVE PLANS AND PLAN AMENDMENTS ARE NOTED IN CHAPTER 163, F.S., SPECIFICALLY SECTIONS 163.3177(6)(A) 2. AND 8.: Considerations required for the adoption of a comprehensive plan amendment are listed below. 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j. The need to modify land uses and development patterns within antiquated subdivisions. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. 9.A.4.e Packet Pg. 740 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 10 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address the statutory requirements for a Plan amendment, then present and defend, as necessary, that data and analysis. LEGAL CONSIDERATIONS: A copy of this Staff Report was provided to the Office of the County Attorney and has been approved as to form and legality. The criteria for growth management plan amendments and land use map amendments are in Sections 163.3177(1)(f) and 163.3177(6)(a)2. and 8., Florida Statutes. This staff report was reviewed by the County Attorney’s Office on March 26, 2021. [HFAC] STAFF RECOMMENDATION: Staff recommends that the petitioner provide a detailed summary of the Shy Wolf facilities and operations prior to the adoption hearing. Staff further recommends that the County Planning Commission forward Petition CPSS-2020- 2 /PL20190002353, to the Board of County Commissioners with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity with the following modifications, and for proper code language, format, clarity, etc. ‒ as depicted below: Note: Words underlined are added, words struck through are deleted – as proposed by petitioner; words double underlined are added, words double struck through are deleted – as proposed by staff. Italicized text within brackets is explanatory only – not to be adopted. 1. ESTATES DESIGNATION [page 9] *** *** *** *** *** Text break *** *** *** *** *** B. Estates – Commercial District [page 16] *** *** *** *** *** Text break *** *** *** *** *** [Beginning page 18] 2. Estates Shopping Center Subdistrict Recognizing the need to provide for centrally located basic commercial goods and services and public, civic, and institutional uses within a portion of Northern Golden Gate Estates, the Estates Shopping Center Subdistrict has been designated on the Rural Golden Gate Estates Future Land Use Map. The Subdistrict is located at the NW corner of Golden Gate Boulevard and Wilson Boulevard westward to 3rd Street NW and extending northward to include the southern 180 feet of Tracts 142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit 11 of Golden Gate Estates, totaling approximately 41 acres. The Estates Shopping Center Subdistrict is intended to provide convenient shopping, personal services and, employment and public, civic and institutional uses for the central areas of N northern Golden Gate Estates. Commercial development in this Subdistrict will 9.A.4.e Packet Pg. 741 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 11 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element reduce driving distances for many residents, assist in minimizing the road network required, and reduce traffic impacts in this area of Collier County. All development in this Subdistrict shall comply with the following requirements and limitations: a. Allowable Uses, as identified with a number from the Standard Industrial Classification Manual, shall be limited to the following: 1. All Permitted and conditional uses of the C-1 through C-3 Zoning District 2. Public Parks 3. Animal shelters, animal services centers, wildlife refuges and sanctuaries, and zoological attractions 4. Cultural, educational ecological or recreational facilities 5. Residential dwelling units not to exceed 50 units. Dormitory uses shall be permitted as an accessory use to those uses listed by numbers 3 and 4, immediately above, and is not subject to the dwelling unit limitation. 6. 8231 – Libraries 1. Amusement and recreation Groups 7911 – Dance studios, schools and halls, excluding discotheques 7991 – Physical fitness facilities 7999 – Amusement and recreation services, not elsewhere classified, allowing only day camps, gymnastics instruction, judo/karate instruction, sporting goods rental and yoga instruction 2. Apparel and accessory stores (no adult oriented sales) Groups 5611 – Men’s and boys’ clothing and accessory stores 5621 – Women’s clothing stores 5632 – Women’s accessory and specialty stores 5641 – Children’s and infants’ wear stores 5651 – Family clothing stores 5661 – Shoe stores 5699 – Miscellaneous apparel and accessory stores 3. Automotive dealers and gasoline service stations Groups 5531 – Auto and home supply stores 4. Automotive repair, services and parking (No outdoor repair/service. All repairs/services to be performed by authorized automotive technician.) Groups 7514 – Passenger car rental 5. Building materials, hardware, garden supply, and mobile home dealers Groups 5231 – Paint, glass, and wallpaper stores 5251 – Hardware stores 5261 – Retail nurseries, lawn and garden supply stores 6. Business services Groups 7334 – Photocopying and duplicating services 7335 – Commercial photography 7336 – Commercial art and graphic design 9.A.4.e Packet Pg. 742 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 12 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element 7338 – Secretarial and court reporting services 7342 – Disinfecting and pest control services 7352 – Medical equipment rental and leasing 7359 – Equipment rental and leasing, not elsewhere classified, excluding the following uses: airplane rental and leasing; coin operated machine rental and leasing; industrial truck rental and leasing; oil field equipment rental and leasing; oil well drilling equipment rental; leasing; toilets, portable – rental and leasing; and vending machines – rental only 7371 – Computer programming services 7372 – Prepackaged software 7373 – Computer integrated systems design 7374 – Computer processing and data preparation and processing services 7375 – Information retrieval services 7376 – Computer facilities management services 7379 – Computer related services, not elsewhere classified 7382 – Security systems services 7383 – News syndicates 7384 – Photofinishing laboratories 7389 – Business services, not elsewhere classified 7. Communications Groups 4812 – Radiotelephone communications 4841 – Cable and other pay television services 8. Construction, special trade contractors (office use only, no on-site materials or equipment storage) Groups 1711 – Plumbing, heating and air-conditioning 1721 – Painting and paper hanging industry 1731 – Electrical work industry 1741 – Masonry, stone setting, and other stone work 1742 – Plastering, drywall, acoustical, and insulation work 1743 – Terrazzo, tile, marble, and mosaic work industry 1751 – Carpentry work 1752 – Floor laying and other floor work, not elsewhere classified industry 1761 – Roofing, siding, and sheet metal work industry 1771 – Concrete work industry 1781 – Water well drilling industry 1791 – Structural steel erection 1793 – Glass and glazing work 1794 – Excavation work 1795 – Wrecking and demolition work 1796 – Installation or erection of building equipment, not elsewhere 1799 – Special trade contractors, not elsewhere classified 9. Depository institutions Groups 6021 – National commercial banks 6022 – State commercial banks 6029 – Commercial banks, not elsewhere classified 6035 – Savings institutions, federally chartered 9.A.4.e Packet Pg. 743 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 13 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element 6036 – Savings Institutions, not federally chartered 6061 – Credit unions, federally chartered 6062 – Credit unions, not federally chartered 6091 – Non-deposit trust facilities 6099 – Functions related to depository banking, not elsewhere classified 10. Eating and drinking places (Group 5812, including only liquor service accessory to the restaurant use, no outdoor music or televisions, and no windows or walls open to the outside, except as required by code) 11. Engineering, accounting, research, management, and related services Groups 8711 – Engineering services 8712 – Architectural services 8713 – Surveying services 8721 – Accounting, auditing, and bookkeeping services 8741 – Management services 8742 – Management consulting services 8743 – Public relations services 8748 – Business consulting services, not elsewhere classified 12. Executive, legislative, and general government, except finance Groups 9111 – Executive offices 9121 – Legislative bodies 9131 – Executive and legislative offices combined 9199 – General government, not elsewhere classified 13. Food stores Groups 5411 – Grocery stores (minimum 27,000 square feet) 5421 – Meat and fish (seafood) markets, including freezer provisioners 5431 – Fruit and vegetable markets 5441 – Candy, nut, and confectionery stores 5451 – Dairy products stores 5461 – Retail bakeries 5499 – Miscellaneous food stores, including convenience stores with fuel pumps and carwash 14. General merchandise stores Groups 5311 – Department stores 5331 – Variety stores 5399 – Miscellaneous general merchandise stores 15. Home furniture, furnishings, and equipment stores Groups 5712 – Furniture stores 5713 – Floor covering stores 5714 – Drapery, curtain, and upholstery stores 5719 – Miscellaneous home furnishings stores 5722 – Household appliance stores 5731 – Radio, television, and consumer electronics stores 5734 – Computer and computer software stores 5735 – Record and prerecorded tape stores (no adult oriented sales) 9.A.4.e Packet Pg. 744 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 14 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element 5736 – Musical instrument store 16. Insurance carriers Groups 6311 – Life insurance 6321 – Accident and health insurance 6324 – Hospital and medical service plans 6331 – Fire, marine, and casualty insurance 6351 – Surety insurance 6361 – Title insurance 6371 – Pension, health and welfare funds 6399 – Insurance carriers, not elsewhere classified 6411 – Insurance agents 17. Justice, public order and safety Groups 9221 – Police protection 9222 – Legal counsel and prosecution 9229 – Public order and safety, not elsewhere classified 18. Meeting and banquet rooms 19. Miscellaneous retail (no adult oriented sales) Groups 5912 – Drug stores and proprietary stores 5921 – Liquor stores (accessory to grocery or pharmacy only) 5932 – Used merchandise stores 5941 – Sporting goods stores and bicycle shops 5942 – Book stores 5943 – Stationery stores 5944 – Jewelry stores, including repair 5945 – Hobby, toy, and game shops 5946 – Camera and photographic supply stores 5947 – Gift, novelty, and souvenir shops 5948 – Luggage and leather goods stores 5949 – Sewing, needlework, and piece goods stores 5992 – Florists 5993 – Tobacco stores and stands 5994 – News dealers and newsstands 5995 – Optical goods stores 5999 – Miscellaneous retail stores, not elsewhere classified (excluding gravestone, tombstones, auction rooms, monuments, swimming pools, and sales barns) 20. Non-depository credit institutions Groups 6111 – Federal and federally-sponsored credit agencies 6141 – Personal credit institutions 6153 – Short-term business credit institutions, except agricultural 6159 – Miscellaneous business credit institutions 6162 – Mortgage bankers and loan correspondents 6163 – Loan brokers 21. Offices and clinics of dentist (Group 8021) 22. Personal services 9.A.4.e Packet Pg. 745 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 15 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element Groups 7212 – Garment pressing, and agents for laundries and drycleaners 7221 – Photographic studios, portrait 7231 – Beauty shops 7241 – Barber shops 7251 – Shoe repair shops and shoeshine parlors 7291 – Tax return preparation services 7299 – Miscellaneous personal services, not elsewhere classified, excluding massage parlors, Turkish baths and escort services 23. Public finance, taxation, and monetary policy (Group 9311) 24. Real Estate Groups 6512 – Operators of nonresidential buildings 6513 – Operators of apartment buildings 6514 – Operators of dwellings other than apartment buildings 6515 – Operators of residential mobile home sites 6517 – Lessors of railroad property 6519 – Lessors of real property, not elsewhere classified 6531 – Real estate agents and managers 6541 – Title abstract offices 6552 – Land subdividers and developers, except cemeteries 25. Schools and educational services, not elsewhere classified (Group 8299) 26. Security and commodity brokers, dealers, exchanges, and services Groups 6211 – Security brokers, dealers, and flotation companies 6221 – Commodity contracts brokers and dealers 6231 – Security and commodity exchanges 6282 – Investment advice 6289 – Services allied with the exchange of securities or commodities, not elsewhere classified 27. Social services Groups 8322 – Individual and family social services (adult day care centers only) 8351 – Child day care services 28. Travel agencies (Group 4724) 29. Veterinary services for animal specialties (Group 0742, excluding outside kenneling) 30. Video tape rental (Group 7841, excluding adult oriented sales and rentals) 31. United states postal service (Group 4311, excluding major distribution centers) 32. 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”) by the process outlined in the LDC. b. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Utility buildings (including water and wastewater plants) which shall be enclosed 9.A.4.e Packet Pg. 746 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 16 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element 2. Essential service facilities 3. Gazebos, pavilions, statuary and other architectural features 4. Utilities, water and wastewater facilities and/or plants (all processing plants must be enclosed) 5. Alcohol service for outdoor dining shall only be accessory to food service c. Operational Standards 1. Outdoor music is prohibited d.c. The following uses, as identified with a number from the Standard Industrial Classification Manual, shall be prohibited: 1. Amusement and recreation services, not elsewhere classified (Group 7999, except those uses expressly listed above in a.1 are permitted) 2. Air and water resource and solid waste management (Group 9511) 3. Business Services Groups 7313 – Radio, television, and publishers’ advertising representatives 7331 – Direct mail advertising services 4. Correctional Institutions (Group 9223) 5. Drinking places (alcoholic beverages) (Group 5813) 6. Educational services Groups 8211 – Elementary and secondary schools 8221 – Colleges, universities, and professional schools 8222 – Junior colleges and technical institutes 8231 – Libraries 7. Health services Groups 8062 – General medical and surgical hospitals 8063 – Psychiatric hospitals 8069 – Specialty hospitals, except psychiatric 8. Miscellaneous Retail Groups 5921 – Liquor stores 5961 – Catalog and mail-order houses 5962 – Automatic merchandising machine operators 9. Personal services Groups 7211 – Power Laundries, family and commercial 7261 – Funeral service and crematories 10. Social services Groups 8322 – Individual and family social services, excluding adult day care centers 8361 – Residential care, including soup kitchens and homeless shelters e.d. Retail and commercial development intensity shall be limited to 1950,000 square feet of gross leasable floor area. The limitation herein does not apply to animal shelters, animal 9.A.4.e Packet Pg. 747 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 17 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element service centers, wildlife refuges and sanctuaries, zoological attractions, veterinary services or their accessory uses. f. In any combination of uses, the trip cap of 550 daily (2-way) PM Peak Hour gross new trips shall be the maximum limiting factor for this Subdistrict. f. No commercial use shall exceed fifteen thousand (15,000) square feet, except for a single grocery store use between twenty-seven thousand (27,000) and sixty thousand (60,000) square feet in size, a single commercial use of up to thirty thousand (30,000) square feet in size, and a single commercial use of up to twenty thousand (20,000) square feet in size. g. No building may exceed 30,000 square feet in size, except for the grocery anchored building with inline stores. h. Development within this Subdistrict shall be phased and the following commitments related to area roadway improvements shall be completed within the specified timeframes: 1. Right-of-Way for Golden Gate Boulevard Expansion and Right-of-Way for the Wilson Boulevard Expansion will be donated to the County at no cost within 120 days of a written request from the County. 2. The owner will pay its fair share for the intersection improvements at Wilson Boulevard and Golden Gate Boulevard within 90 days of County request for reimbursement. 3. Until the intersection improvements at Golden Gate Boulevard and Wilson Boulevard are complete, the County shall not issue a Certificate(s) of Occupancy (CO) for more than 100,000 square feet of development. The applicant must obtain a C.O. for a grocery store as part of this 100,000 square feet, and the grocery store must be the first C.O. obtained. i.e. Rezoning is encouraged to be in the form of a Planned Unit Development (PUD), and the rezone ordinance must contain development standards to ensure that all commercial land uses will be compatible with neighboring residential uses. This subdistrict includes a conceptual plan, which identifies the location of the permitted development area and required preserve area for this subdistrict. The preserve area depicted on the conceptual plan shall satisfy all comprehensive plan requirements for retained native vegetation, including but not limited to the requirements of Policy 6.1.1 of the CCME. A more detailed development plan must be developed and utilized for the required PUD rezoning. j.f. Development standards, including permitted uses and setbacks for principal buildings shall be established at the time of PUD rezoning. Any future PUD rezone shall include at a minimum: 1. Landscape buffers adjacent to external rights-of-way shall be a minimum 20-foot-wide type D landscape buffer.: a. 1st/3rd Streets ‒ Minimum 30’ wide enhanced buffer b. Wilson Boulevard ‒ Minimum 25’ wide enhanced buffer c. Golden Gate Boulevard ‒ Minimum 50’ wide enhanced buffer 9.A.4.e Packet Pg. 748 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) ‒ 18 ‒ CPSS-2020-2 / PL20190002353 Amending the Estates Shopping Center Subdistrict in the Golden Gate Area Master Plan (GGAMP) Rural Golden Gate Estates Sub-Element 2. Except for the utility building, no commercial building may be constructed within 125 feet of the northern property boundary and within 300’ of the 3rd Street NW boundary of this subdistrict. 3. Any portion of the Project directly abutting residential property (property zoned E- Estates and without an approved conditional use) shall provide, at a minimum, a seventy-five (75) feet wide buffer, except the westernmost 330’ of Tract 106, which shall provide a minimum 20’ wide buffer in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained or re-planted native vegetation and must be consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be revegetated to meet subsection 3.05.07.H of the LDC (native vegetation replanting requirements). Additionally, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro- period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. c. If the project is reviewed by Collier County, the developer’s engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. PETITION No.: CPSS-2020-2 / PL20190002353 Staff Report for the April 15, 2021 CCPC meeting. NOTE: This petition has been tentatively scheduled for the May 25, 2021, BCC meeting. 9.A.4.e Packet Pg. 749 Attachment: 05_CCPC Transmittal Staff Report (20077 : PL20190002353 - Estates Shopping Center Subdistrict) RESOLUTION NO. 21- 110 m r- m A RESOLUTION OF THE BOARD OF COUNTY ni x XI COMMISSIONERS PROPOSING AMENDMENT TO THE L' zi o rD o COLLIER COUNTY GROWTH MANAGEMENT PLAN, 0 ° ti 0 ORDINANCE 89-05, AS AMENDED, SPECIFICALLY z o 0 AMENDING THE ESTATES SHOPPING CENTER r. SUBDISTRICT OF THE ESTATES COMMERCIAL-og... 8 (61 DISTRICT OF THE RURAL GOLDEN GATE ESTATES non SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER 13 PLAN AND FUTURE LAND USE MAPS TO ADD n COMMERCIAL, PUBLIC, CIVIC AND INSTITUTIONAL v USES; ADD UP TO 50 RESIDENTIAL DWELLING UNITS; 0REDUCECOMMERCIALSQUAREFOOTAGEFROM 190,000 TO 50,000; REMOVE OUTDOOR MUSIC PROHIBITION; REMOVE SINGLE COMMERCIAL USE AND BUILDING SIZE LIMITATIONS; REDUCE SETBACKS AND LANDSCAPE BUFFER WIDTHS; AND REMOVE PHASING AND DEVELOPER COMMITMENTS; AND FURTHERMORE DIRECTING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 41± ACRES AND LOCATED AT THE NORTHWEST QUADRANT OF GOLDEN GATE BOULEVARD AND WILSON BOULEVARD, IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. PL20190002353] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor& Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., requested an amendment to amend the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan and Future Land Use Maps; and 20-CMP-0 1 078/1 60 7 1 8 6/1173 Estates Shopping Ctr/PL20190002353 Page 1 of 2 5/10/21 Words underlined are additions,words struck through are deletions. 9.A.4.f Packet Pg. 750 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) WHEREAS, on April 15, 2021, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, on May 25, 2021, the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THi§ RESOLUTION ADOPTED after motion, second and majority vote th•is o day of Gi 1 , 2021. 0 r'',APA ATTEST: •. ," BOA' p °Ate UNTY COMMISSIONERS CR TAL K. KIN L, CLERK COLLI.t4MUNTY, FLO'iii A BY: if At as t0t it ' Veputy Clerk Penny Ta tor, Chairman Approved as to form and legality: acit A L --•---------- Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment& Map Amendment 20-CMP-01078/1607186/1173 Estates Shopping Ctr/PL20190002353 Page 2 of 2 5/10/21 Words underlined are additions,words struck through are deletions. 9.A.4.f Packet Pg. 751 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Wednesday,May 5,2021 PL20190002353/CPSS-2020-2 EXHIBIT A FUTURE LAND USE ELEMENT 1. ESTATES DESIGNATION [page 9] Text break *** *** *** *** *** B. Estates-Commercial District [page 16] Text break *** *** *** *** *** Beginning page 18] 2. Estates Shopping Center Subdistrict Recognizing the need to provide for centrally located basic commercial goods and services and public, civic, and institutional uses within a portion of Northern Golden Gate Estates, the Estates Shopping Center Subdistrict has been designated on the Rural Golden Gate Estates Future Land Use Map. The Subdistrict is located at the NW corner of Golden Gate Boulevard and Wilson Boulevard westward to 3rd Street NW and extending northward to include the southern 180 feet of Tracts 142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit 11 of Golden Gate Estates, totaling approximately 41 acres. The Estates Shopping Center Subdistrict is intended to provide convenient shopping, personal services and, employment and public,civic and institutional uses for thecentralacoas-ef Northern Golden Gate Estates. Commercial-develefa eat-+F-4b+s-Sb+bd+stfist-will-Fedese-clr+viRg-4istanses far-many-residents-assist-41-cxciag-the-feud etweck-r eired-ep4-Fuse-tFa#is-laagasts-la this-aFea-ef Collier-Geunty. All development in this Subdistrict shall comply with the following requirements and limitations: a. Allowable Uses, as identified with a number from the Standard Industrial Classification Manual, shall be limited to the following: 1. All Permitted and conditional uses of the C-1 through C-3 Zoning District 2. Public Parks 3. Animal shelters, animal services centers, wildlife refuges and sanctuaries, and zoological attractions 4. Cultural, educational ecological or recreational facilities 5. Residential dwelling units not to exceed 50 units. Dormitory uses shall be permitted as an accessory use and is not subject to the dwelling unit limitation. 4— nuseFneat-and-fesfeatien Gfeups— -914--Dance-studies,-ssheels-aad-halls-e*sludlFag-4issetheques 7991 -Rhyslsal-€itress-#asilitiec. Words underlined are added;words struck-through are deleted. Page 1 of 14 9.A.4.f Packet Pg. 752 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Wednesday, May 5, 2021 PL20190002353/CPSS-2020-2 7999-744444sernent-a444-recreation-services;not elsewhere-olassified- a4lowing-only-day-camps-gyn444astiss-+astruction- do4caFate-+nstrustiOR spo4 ng-goods rental-and-yoga-instraet44 a—Apparel and accessory stores-(-ne adu lt-orier{ted-sales) 6-Feaps-5614—Men'san421-boys'-clothing-an4 asoessery-stares b66 4—WAlenaen'selothing-stores 5632—`ome4's-accessory-and-specialty-stores-5644—Ghildren's-and infants'wear-stores 5654—€arnily-olething-steles 5664—Shoe-stores 5699—Missellancous•apparel•and accessory-stores 3 -Automoti4.1e-dealers-an44- asoline-sew ice-stations Groi+ps-56 —Mute-and- erne-supply-stares 4—Autofnot4ve-repaiF,-sereioesand.parking(-NoeutOoor-repoit/service-All•repairs/scry oes to-be-perferFned-by-autnoF494- uternetive teotinioian:4 Groups 7-644—RassengeFsacrental 5—bu4l44ng-materials-44ardwa re-garden-supply,-and-+aebile-borne-doaIcrs GFo4ps-5234—Pa int,-glassyand-wallpaper•stoces 5254 Hardware-stares 5244—Reta41-44urseries-lawn-and-ga Fden-supply-stores 6-4usincss-servloes Gr-eaps-7-334--Rbotocopyi ng-and-duplioating-services 73335—Ger4raeFoial-plaotograpny 7-336—Gemmercial-a4a44d-4graphlo-elesign 36— eocetarial-and-oe44Ft repeFting-services-7342—Disinfesting-and-pest-control-services-7-352— Medioal•egt ipmen4-rentaland4easing 7359 EgalpFnent-rental-and-leasing,-fret-elsewhere-olassi*ied-excluding the-following uses: aifplane-Fental-and-leaslngi-ooin-opeFated-444aohlne rental-and-leasing;-industrial-tn4ok-rental-and-leasing;-oil-field-egaipment rentalandleasing;oil welldralli 4g egaipcnent.rental;-leasing;•toilets,pefable rental and-leasing;-and-vending-4:Rad:lines—rental only 7-37 4--6en}pater-pF egFafnrn+ng•sew ices 7372--RFepaokaged-software 7-3-7-3-- ornputeF-integrated-systems-design Words underlined are added;words struck-through are deleted. Page 2 of 14 9.A.4.f Packet Pg. 753 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Wednesday,May 5,2021 PL20190002353/CPSS-2020-2 7374—Computer-processing-and-data prepa ratien-and-eresess+ng services 7375-1nformatien-retrieva1-seMses 7,376 Computer facilities-management-services 7-37-9-uter•reiatedsew-ices,-reefelsewt ere-6laccified-7382-Seewity systems-cervices 7383-News-syndicates 384-Rhetefini shing4aberatories 7385-BuslneeG services-set-elsewhere-classified Coremuc isatiens Gr0up6.-48-1-2-ieteiephene-corer n+eatiene 4844-fable-and-et#er-pay4eie4sie f-sewiices 8-6enstrdolio- special-trade-centrasters-fe fice-ace-only-ae-en-site-FAaterials-er equipment-storage} Groups 4744-•Rtart1bing i-ieating-andai- -conditioning 47-24-Ranting-an4-gaper hanging-industry 4764-Elestrisal-work-4ndustry 47-44--Masonry,-stone-setting-and-ether-stone-work 474-PIastering, drywall-aeeustical-and.insulatien-work 4746-Terrazzo,-#+le7-marble,and-mesaie-work-industry 1754 Carpentry-work 4752-€-looc- ir -and-Gt#ef#teerwerk-r etelsewlae;-e-slarsified-industry 47-64-Reefing,,-siding-and-sheet metal-work-industry 1771 Concrete-work-industry 47-84-Water-wei4 drill-ing-industry 47-94-Strdcteral-sleet-erestie44 47.9 -Glass-and-glazingwork 4794-Excavation-work 1795-Wr-esking-and•demeli e-n-work 47-86-tostatlation-er-ereetien-ef-building-eguiprnent;r}et-elsewhere 17944 Special-#ado-oentrasters;hat-elsewhere-classified 4.-Depository4nstitutiens Words underlined are added;words struck-through are deleted. Page 3 of 14 9.A.4.f Packet Pg. 754 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Wednesday,May 5,2021 PL20190002353/CPSS-2020-2 GFeups 6024—NationaloemmeFcialbaeks 6022- State-commeceial-banks 6029—QamFpercial--eaek-s, not-elsewhere-classified-6035 Savings institutions, federally--charteFed-6036 Savings4n-stitutieris-net federally-oarteFed-6064 Credit-unions, federally-chartered 6062—Sredit-un+errs, not-federally-sharteFed-6094—Nee-deposit trust facilities 6099- Functions4elated4e-depositery-baking, not•elsewhere-classified 49.-Eating-and4rinking places(Greup 43,4nclud+ngenly-liquersecvice acce,sory-to-the restaurant-use,-ae-outdoor-e sic-0F4elevisiens-and-ne-windows-ec-walls-open-te the outside,-except-as required-by-cede) 44-Engineering, accounting,reseaFek-rnaeagement-and-related services Gretips 44—Engineering-serv+Ges 374-2--Are#itestural services 8-743- Surveying-sew-ises 1724 Accounting-auditing-and-book keeping-sec ises-8-744 Management services 843—Management-consult ing-services 87-43-42dbl+G-relations sew+ces 45 Business consulting-serwioes-netelsewheFe classified 43-€xeeutive,-legislat+ve,-and-general-government, except-#manse Groups-9444- Executive-of#ioes 94-24 Legislative-bodies 4444 Executive-and-legislative o€fioes-combined-S449 General government, not-elsewhere-classified 44.-l=eod-stores Groups--6444 Grocery-stores{rn+n+murn-2-7,099-square4eet3 54-2 4—Meat-and-fis#-(seafood)-markets-including-#reczer-previsieeers 5434 Fruit-and-vegetable-markets 5444 Cindy,-nut-and-senfeotionery stores- 454 Dairy preduets-stores 5464 Retail-bakeries 5469—Miscellaneous-feed stores,-includ+ng-convenience-steres-wit fuel pumps-and-sarwash 44. General-merchandise-steres Words underlined are added;words struck-through are deleted. Page 4 of 14 9.A.4.f Packet Pg. 755 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Wednesday, May 5,2021 PL20190002353/CPSS-2020-2 Groups-6314--Departs tent.steree 6334—Variety-stores 6399—Miscellaneous-general-merchandise-stores 16.-Jae-f-ua3ituref is14ngs-afld equipment-stores Groups 6.74-2—€urn}ture-stores a743—Floor covering-store& 6-44—Draper ,-curtain,-and.upholstery-stores 18-44iscellaneous-home-furnishings-stores 67-22-4=tousehold.appiiance-stores 6734—R-a4ie-television-end.consumer-electronies-stores 67-34—Computer-and-computer-seftwa re-stores 6735—#record-andiprerecerded-tape-stores fnaadulteriented-sus; 36—Musical Inetrufnent-store 4-6-Insurance-carriers Groups 634-4--Life-insu4an6e 6321—Accident-an4.hcalth-insurance 6324-4-iespital-and-fnedioal-se rv4ce-plans 6331— ire,n4arincrand-sasuaIty-insurance 636-1—Surety-insurance 6364—Title•insurance 63- 4—Pension,--health-and-welfare-funds 6399—I4surance-carrier net elsewhere-clarified 644-4—Insurance-agents 1.-4ustise-public-order anet safety Groups—9221—Felice-protection 8222—Legal-counsel and prosecution 92-29—Putalic-erder-end-safety,net•elsewhere-classified 4-6.-Meeting- nd bafrquet-Morns 194Aissella neeus-reta 4-1naedult-eriented-sales) Groups 694-2—Drug-steresa-nd-preprietary-stores 6-924—Liquor-sterec(aecessery-to-greoery-or-pharmacy-anty) g932—I1sed-me rchandise-stores Words underlined are added;words struck-through are deleted. Page 5 of 14 9.A.4.f Packet Pg. 756 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Wednesday, May 5, 2021 PL20190002353/CPSS-2020-2 5944—Sporting(3oads-stores-and-bicycles-hops 5942—gook-stares 5943—Stationery-stares 5944—Jewelry-stores,-including repa+ 5945-1=1-ebby;toy,-and gameshops 5946—Camera-and-photographic-supply-stares-594-7-6ift,--novelty-and souvenir-shops 5943—Luggage and-leather.geeds stares 5940 Sewing,-needlework,-andpicce goads-stares 5992- Florists 5893 Tobacco stores and-stands 5994 News dealers-and-newsstands 5895--Optical geeds-ctores 5999—Miscellaneous-retail-ctores-net-elsewhere-6las&ified-(excluding gravestone,-torn}bstenes-auction-reams-anonuraents--swimming peels-,-andsalesbarns) 39Nen-depository credit-institutions Groups 6444—Federal andfedcrally-spenseredcredit•ageneies 6144—Personal-creel it-institutions 6453—ShoFt-terra-business-credit-institutiens,-except-agricultural 6459—Miscellaneous business-credit-institutions 6462 Mortgage bankersandlean-cerrespendents 6463 Loan brokers 34-8ffices and-elinies-ot dentist-FGroup- 43 32-Personal-services Groups 7242--Garment pressing, and•agents-fer-laundries-and-dryeleaners 7224—Phetographiestudies;portrait 7231—Beauty-shops 7244—Barbershops 7254—Shoe-repair-shops and-sheeshine-parlors 7291 Tax returc•preparatien-services 7288 Miscellaneous-be rsonal-services—act-skew#ere-classified; exck:rdinga4ascage-parlors,Turkisk}-bath&andesce#seiNiees 3342-ublic-finance-taxation;and n4onetarypolicy(Group-9-3443 34-Peal-Estate Words underlined are added;words struck-through are deleted. Page 6 of 14 9.A.4.f Packet Pg. 757 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Wednesday, May 5,2021 PL20190002353/CPSS-2020-2 Groups 65a-2--OperafoFs-of-nonresidential-buildings 6543—Operators-of-apartment-buildings 6544—Operators of dwellings-ethecAttan-apanment-buildings-654,6— OdeFateFs-ef-residential-caebite-l}ocae-sites 654-7- Lessors-of-F-ailFead-property 6546—Lc&,,eFs-of-Feal-property-act-el-sewherc-classified-6531—Rea l estate-agents and 6544—Titto abstract-of€ces 6552— and-subdiv-idens-and-deveiepers-except-semetenes 25. Sc#eels-andedasataenal-sew-ises,-aet-elsewfaere-classified-(-6Fe+ p-6280) 26. Se6uFity-and-commodity-brokers-dealeFs-exchanges,-and-services Groups-6244—Security-brokers-dealers-and flotation-companies 6234—Ge+14raodity-contracts brokers-and dealers 6234—Security-and-6emmodity-exchanges 6262—Investment-advise 6269—Services allied-with-the-exchange-of-securitics ar-coFfFmodities-net e sewhe;e-classified 2-7-Social services Gfcups-632-2-1ndw+daal-and.faFnily--social-sewices-+adult-day-care-centers-only) 6364—Ghild-day.safe-services 2- Travel-agencies-+6Foup-47-24) 2-9-Veterinary-sew-ise-s4oF animal-specialties-(-croup-674a-excluding-outside-kenneling) 39-Video-tape-Fe nta t(-Group-7841-excluding-adult.oriented-sales and-rentals) 34-klnited-states-postal-sewise-(Gfeup-4344-excluding-n:taieF-distFidutien-centers) 32-An-y-ethe -principal-use-whisk-is-comparable-in-nature-a+vith-t-he foregoing-list-of per lifted-principal-uses-as-deter pined-lay-the-Board-of-Zoning-Appeals-+"BZAl-by the-process-outlined-in-4he.l=DC b. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Utility buildings (including water and wastewater plants) which shall be enclosed 2. Essential service facilities 3. Gazebos, pavilions, statuary and other architectural features Words underlined are added;words struck-through are deleted. Page 7 of 14 9.A.4.f Packet Pg. 758 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Wednesday, May 5,2021 PL20190002353/CPSS-2020-2 4. Utilities, water and wastewater facilities and/or plants (all processing plants must be enclosed) 5. Alcohol service for outdoor dining shall only be accessory to food service s.—O pera1 ieaal-Standard o 4—Outdoor+usis+s-prohibited d The following uses, as identified with a number from the Standard Industrial Classification Manual, shall be prohibited: 1. Amusement and recreation services, not elsewhere classified (Group 7999, except those uses expressly listed above in a.1 are permitted) 2. Air and water resource and solid waste management (Group 9511) 3. Business Services Groups 7313 — Radio, television, and publishers'advertising representatives 7331 — Direct mail advertising services 4. Correctional Institutions (Group 9223) 5. Drinking places (alcoholic beverages) (Group 5813) 6. Educational services Groups 8211 — Elementary and secondary schools 8221 —Colleges, universities, and professional schools 8222 —Junior colleges and technical institutes 8231 — Libraries 7. Health services Groups 8062—General medical and surgical hospitals 8063— Psychiatric hospitals 8069— Specialty hospitals, except psychiatric 8. Miscellaneous Retail Groups 5921 — Liquor stores 5961 — Catalog and mail-order houses 5962 —Automatic merchandising machine operators 9. Personal services Groups 7211 — Power Laundries, family and commercial Words underlined are added;words struck-through are deleted. Page 8 of 14 9.A.4.f Packet Pg. 759 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Wednesday,May 5,2021 PL20190002353/CPSS-2020-2 7261 - Funeral service and crematories 10. Social services Groups 8322- Individual and family social services, excluding adult day care centers 8361 - Residential care, including soup kitchens and homeless shelters e.d. DRetail and commercial development intensity shall be limited to --350,000 square feet of gross leasable floor area. The limitation herein does not apply to animal shelters, animal service centers, wildlife refuges and sanctuaries, zoological attractions, veterinary services or their accessory uses. Pie-sommeFeial-use-shall-exceed-fifteen-theueand (44,808) sgoa fee segt-foe--e-single g-west-store-use-betwee4-twenty seven-thousand-(27,008)-and-six fheusa -(68;808)-sgeaFe feet.in-size-asingle-commercial use-e#-up to-414r -#weusand (38;808) square feet-+n-size,-and-a single-seaanneFeial-ase-ef up-te-twenty-thousand-(28;808)-square-feet-ia size- g-11le-building-n1ay-exceed-30;808-square feet-in-size-exseptfe-F-thegfeseFy-a-nshe-ed-building with-c4icie-ctorc&: Development-within this,Subdistrict-shah-be- and-thefspewing-son itn4eRts-related-fe arm-readwa miareveaaents&hall-be-sen}pleted-wit#iR fhe-spesi#ied#+mefra 4—bight-e#-aAiay-fir--olden-Q.a#e-DeulevaFd-€xpansien-and-1 -igbt-e#45.fay-#eF-#he-Aiilsen BaulevaFel-Expansion vwll be-dented fe-the GauntjF-at-ne-cast-within-120-days-ef-a-written-request Fear-the-Geunty: 2--Tbe-ewneF.will-pad-its-#air-share-#er fbe-intersectien4mbFeverRents-at-VVilsen-geulevard-end 6olden-Gate-Baulevard-within-80-dais-eft Gaunty request#aF reimburseFnent: 3.—lentil-fhe-intersection-improvements-at-Gallen-Gate-Deulevard-and-AFilsen-Deulevard-ere eernplete;4he-Geunty-shall-net-issue-a-Ge+fi#isate(-s)-e#.8seupansy-(Q8)-far-4x ere-#laan480;808 square-feet-eft-development.-fhe applicant-Waist obtain-a G:B-#era-gFeseFy--steFe-as-pa4-of-thin 480408-square feet,and-the graser34.ctorc-fnust be the-#icst-G:B-obtained- i.e. Rezoning is encouraged to be in the form of a Planned Unit Development (PUD), and the rezone ordinance must contain development standards to ensure that all commercial land uses will be compatible with neighboring residential uses. This subdistrict includes a conceptual plan, which identifies the location of the permitted development area and required preserve area for this subdistrict. The preserve area depicted on the conceptual plan shall satisfy all comprehensive plan requirements for retained native vegetation, including but not limited to the requirements of Policy 6.1.1 of the CCME. A more detailed development plan must be developed and utilized for the required PUD rezoning. t-t Development standards, including permitted uses and setbacks for principal buildings shall be established at the time of PUD rezoning.Any future PUD rezone shall include at a minimum: 1. Landscape buffers adjacent to external rights-of-way shall be,a minimum 20-foot-wide type D landscape buffer.; Words underlined are added;words struck-through are deleted. Page 9 of 14 9.A.4.f Packet Pg. 760 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Wednesday, May 5, 2021 PL 20190002353/CPS S-2020-2 a.-1-ct/3rd Streets-44-inimurn3-0'wide-enhanced-buffer b.-14-ilson-€o Ievard—Minimum-2-5'wide-enhanced buffer s.—Gel-den-bate- levard—Mini rn-50=wide enhaesed-bu#eF Except-for-the-utility-building-he-suersial-budding-nay--be-sehstruoted-within-125-feet of-the-northern-property-boundar -and-within-898'-of.the-3-rd-Street-NW-boundary-of-this subdistrict: 3- -A-ny-portion-of The Pfojest directly abutting-residential-property-(property--wood-€-Estates and-withoutan-approved-conditional use) shall preyids-at-a-cnihic ufa,-a-seventy-five-(-75-) feet wide-buffeF,-except-the wecternmest 8'of;Fast-406;which shall-provided miniamum• 9'wide-buffer-in-whisk-fie-parking-+uses are-permitted-T-wenty-five- feet-of-the•width of the buffer along the developed-area-shall-be-a-laf dssape-ba#erA cniaichusamef-fi ty4-58) feet-of-the-buffer width shall consist of-retained-sr-re-planted-hative-vegetation-and-rhust be consistent-with-subsection-&:85:87#-of-the.-Gooier-County-land-Development-Code LDC)-The native-vegetation-retentionurea-chat'-sensist-ef a-perirhetef berm-and-be-used fer-water-management-dotehtiefrany-f ewly-eer}strueted-berm-shall-be-revegetated-te meet-subsestien--4:85:87:#-of-the- BS-Faative-vegetation-replar+ting-requirements): Additionally,-in-oFder•te-be-sensidered#or-appceval,-use-ef-the- ative-vegetation-retention areafor-wateragefnent purposes shall-meet-thefellewing-criteria= a—There shall-be-he-adverse-impacts-te-the-+native-vegetation-being-retained.-he additional waterdirested-te this-area-shall-het increase theanhual-hydra-period-unless it-is-proven that-such-would-have-he-adverse-impact-to-the-existing-vegetation: b.—#-the prejest-requires permitting-by-theSeuth-l=lerida-aAlate Management-District-the project-shall-provide-a-Getter-or-official-document-from-the-l3istrist-indicating-that-the native-vegetation-within-the retention-area will-het-have-te-be-removed-to-comply-with water management-feat}irements-#-tbe-€istrist-sonnet-orAvill het-supply-such-a letter, then the native-vegetation-retention-area-shall-hot be-used-forwater-rnanagefnent: 6.-14-the-pre jest-is-reviewed-by--Gollier-6eunty-the-developer's-engineer-shall-provide evidence-that-he-removal-of-native-vegetation-is-necessary-to-facilitate-the-necessary storage-ef.water in-the water management-area: Words underlined are added;words struck-through are deleted. Page 10 of 14 9.A.4.f Packet Pg. 761 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) EXI LIB IT A PL20190002353/CP-2020-2 F ESTATES SHOPPING CENTER SUBDISTRICT O COLLIER COUNTY,FLORIDA Z Z W I 1— Ito I SUBJECT 11SITE \ 1 Golan Golden Gate BLVD it co c,, LL, cmI t~ n c 0 250 500 1,000 Feet I; ADOPTED-XXXX,xxxx 1.--1--..1----f--+—+---1 LEGEND Ord. No.XXXX-X) JPREPAREDBY.BETH YANG.AICP ESTATES SHOPPING GROWTHMANAGEMENT DEPT. I/fI CENTER SUBDISTRICT I FILELEESTATES SHOPPING CENTER SUBDISTRICT LOCATION MAP DRAFT MAD I DATE OCT.2020 I Page 11 of 14 9.A.4.f Packet Pg. 762 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) EXHIBIT"A" PETITION PL20190002353/CP-2020-2 ESTAEE 0121011111911 AGA5ULTBBALLBUBAL.QLSGBALG MIRED UXE 01111.11GT U. ,.F...s.m... OVERLATSAUQSPEDALFFATURES RURAL GOLDEN GATE ESTATES1.-• a:.-- 03"""" °" "M" tp..** 1 FUTURE LAND USE MAP Tn 001/1•11024A2 D•TRnT IMMOKALEE RD NO FR.wz.....Cs.,a...,.0 Estates Shopping Center Subdistrict z 7 OIL WELL RD U) m7 RANDA4L BLVD , I— IMMOKALEE RD z z 9N Q ID 1I p 0 VAND13RBILT VANDERBILT . BEACIIIU RD BEACH RD 1 oD z w 0 m O GOLDEN GATE BLVD GOLDEN GATE BLVD U PINE R GE RD{ m O m z GREEN BLVD V' a, 0 1-- 9, O y A 29 d S R m. / W OW QG PKWY 4... I- RADIO RC INTERSTATE 75 INTERSTATE 75 zl N J/ DAVIS BLVC p y SR 81 O Q I K ji inu i 8 RATTLESNAKE HA MMOCK RD 94 7 m'M RURAL GOLDEN GATE FUTURE LAND USE MAP FDOPTED SEPTEMBER I..AOt9 AMENDED XXXX XXXX tz a y2. P e aw zi, F f 2 5% O 0 0 5 1 2 3 i46 inic --n Miles U,{""/' f R 26 E I a 12 of 14 R 28 E R 29 E ra 9.A.4.f Packet Pg. 763 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) U wigcIHVA31IlOBNOSIIMKreozdxz ?z OZOwaoQniI6 Q0 cc D. m W a yZj , zd 3 1 0 m C+ Ii 0) W o NLu U Ifirfr 1 U CC H NI- CO M C RS W d W W z o W Ucn W U r R Q V O Z Qw> mo CL 3d ma CD Li ma 3 z y 0 0 O i a 3 5 'o Z 0 j N 0HmEJF d aW0)Z ooW Q WN 00 of N WW WW1100O m Q Z JJ x3N1-N W Z MN 133I111S 4HI141 a a N W I r 9.A.4.f Packet Pg. 764 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) I— m G) m z 0MSISa2ifi - -r - 11 - TtMNIS421E[ AVI II I II n6lT' eliI a mIr , +., . , ,o a ,'Em y..s CD _ omI T; - o0 r Ot ccID .am AdDfR 4 • Z = 3co NLrz_aII 121I2riMSISISL - MNISISI• nIt ig. u a CIb om« 71mI~,<b0)13nbr- cjCXQZ < D = 4Z „ .1 cocoyFriNONZW11iIII !bHD:IONC1HVA31f1O8N0S1IM o 1ny 1n = z 5n. P2N.Cm1m6 o !TN0uC2OGM.LOCAL\CILES\PLANNING\PROJ - PLANNING\RCESC-19ESTATESSHOPPINGCENTER\DRAWINGS\RCESC-19EXHIBITIVO-R2.DWG4/19/20214:21PM 9.A.4.f Packet Pg. 765 Attachment: 06_Transmittal Resolution 2021-110 (20077 : PL20190002353 - Estates Shopping Center Subdistrict) April 19, 2021 Page 1 of 73 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida Monday, April 19, 2021 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 1:00 p.m., in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Karen Homiak, Acting Chairman Karl Fry Joe Schmitt Paul Shea Christopher T. Vernon (appearing remotely when indicated) Tom Eastman, Collier County School Board Representative ABSENT: Edwin Fryer, Chairman Robert L. Klucik, Jr. ALSO PRESENT: Raymond V. Bellows, Zoning Manager Jeffrey Klatzkow, County Attorney 9.A.4.g Packet Pg. 766 Attachment: 07_Transmittal CCPC Transcript (20077 : PL20190002353 - Estates Shopping Center Subdistrict) April 19, 2021 Page 64 of 73 MR. BELLOWS: -- and LDC amendments. That was used as the basis for LDC amendments. So the plan is implemented through those amendments. COMMISSIONER SCHMITT: The first real attempt to use that was to do some redevelopment and restructuring of Naples Park. It was overwhelmingly turned down by the community in Naples Park. COMMISSIONER FRY: But, Joe, to play devil's advocate, Ave Maria is a much different vision than these three villages. COMMISSIONER SCHMITT: Correct. COMMISSIONER FRY: And even backing into the town. And I think that what a lot of people are lamenting, including myself, is what's missing is the identity, the sense of identity from the communities that are suggested by terms like "village" and "town" and "hamlet." COMMISSIONER SCHMITT: But when the Ave Maria came in, it was clearly defined as a town, and the intent was to build a town in conjunction with the university. MR. KLATZKOW: Yeah. But Ave Maria is a unicorn. It's not going to happen again. COMMISSIONER SCHMITT: It's not going to happen again. COMMISSIONER FRY: Never? MR. KLATZKOW: Well, you had Mr. Monahan come in and fund a lot of that. It's a university town. It's just -- it's an absolute unicorn. It's highly unlikely to ever happen again. COMMISSIONER FRY: Well, but Rural Lands West was an attempt to do something similar. I mean, it appeared similar, very diverse and interconnected and roads and walkways and pathways and distributed village centers and town centers and things. It looked -- to me it looked a lot more like an Ave Maria than what we ended up with. CHAIRMAN HOMIAK: Okay. Let's get moving here. Okay. We're on to 9A2 and 9A3. We will be talking about them together, right, or separate? MR. ARNOLD: Would you -- for the record, Wayne Arnold. They are separate items on your agenda. There is a relationship because of some ownership interests. I think we'll try to make presentation for each, and I'll probably just describe the overall relationship. I don't think, hopefully, these are going to be very lengthy in discussion on either one. CHAIRMAN HOMIAK: Okay. Because they're Growth Management Plan amendments. This is first transmittal for both, right? MR. YOVANOVICH: (Nods head.) CHAIRMAN HOMIAK: Okay. MR. ARNOLD: Thank you. Wayne Arnold representing the applicant. Rich Yovanovich is our land-use counsel. We have Jim Banks in the room, who's our traffic engineer. Marco Espinar is our environmental consultant. He couldn't be with us on the continuation hearing date, nor could Mark Minor from our office, who's the professional engineer. But I'm going to go through and make a short presentation. Karen, you may have been the only Planning Commission member on the Planning Commission when this was originally approved as the Estates shopping center. CHAIRMAN HOMIAK: I would say so. It was -- Joe was working here then? No. I don't know. COMMISSIONER FRY: Joe was just a child then. MR. ARNOLD: Joe was one of the staff members, I believe. And this project is located at the corner of Wilson Boulevard and Golden Gate Boulevard. It's undeveloped with the exception of single-family homes that have been built on it. This was one of those projects that was highly controversial back in the day because of its size and scope, and that went all the way to a ballot issue for the Golden Gate Estates folks to vote for this as to whether or not they wanted it, and it was overwhelmingly -- at the end of the day, they wanted a 9.A.4.g Packet Pg. 767 Attachment: 07_Transmittal CCPC Transcript (20077 : PL20190002353 - Estates Shopping Center Subdistrict) April 19, 2021 Page 65 of 73 grocery-anchored shopping center. But roll forward now, gosh, more than 10 years, and the same property owner is under contract to purchase the county's 50-acre parcel at Randall Boulevard and Fourth Street and Immokalee Road, which is your next item. But this is fairly straightforward. This was approved for 190,000 square feet of commercial space as part of the Comprehensive Plan amendment. What we're essentially doing is saying, we want to reduce our commercial component to 50,000 square feet, that 140,000 that's left over, we're going to shift that largely up to the Randall Boulevard property, and then we're making room here for a 10-acre property that will be owned by Collier County Government as part of this Estates shopping center property as well as another parcel that at the moment is destined to become Shy Wolf Sanctuary. If for some reason that doesn't occur, we've made provisions for there to be single-family residential just as if it were Estates residential zoned property. So, I mean, in a nutshell, that's exactly what we're doing. We're asking for a change in use as well to limit it to C-3 zoning rather than the very long, exhaustive list of uses that were approved as part of your plan amendment previously. Staff is supportive of the concept and is recommending transmittal, and we hope you will, too. And Rich and I are here to answer any questions that you may have. COMMISSIONER SCHMITT: I do recall this; very controversial at the time, yes. MR. ARNOLD: I would go on to say that we held a joint neighborhood informational meeting for both projects, and we did have a few people attend. But I think the sentiment is pretty consistent that they would rather us put the larger-scale commercial out on Immokalee Road rather than at this location. So the scale of commercial that you're getting is what was originally a neighborhood center to begin with. And it seems like there's wide support from everybody we've spoken to in the community for the change. CHAIRMAN HOMIAK: Any questions? COMMISSIONER SCHMITT: Didn't one of our planning commissioners have great opposition to this at one time? This is a significant -- CHAIRMAN HOMIAK: Probably, yes. COMMISSIONER SCHMITT: -- reduction. We won't bring up that. MR. YOVANOVICH: The guy with the beard. MR. ARNOLD: One of the things I would point out -- it's not on the table, and I don't want to belabor the point -- but this was a conceptual plan that was approved with the original subdistrict, and the new one's going to look a lot more simple. I've got to change the abbreviated names. We originally started out by calling the westernmost parcel a semipublic use, which was sort of the Shy Wolf parcel, if you will. The P in the middle was the public use that's destined to be Collier County Government, and then the C on the hard corner of Wilson and Golden Gate is C. I think we agreed that we'd be changing the semipublic to something civic or educational or something like that. In our PUD it's just simply called out as Tracts 1, 2, and 3, and then we describe what would be allowed in each of those tracts. MR. YOVANOVICH: The only thing I would add, historically, where you see the C now, that was always a neighborhood center, so commercial was allowed on that corner anyway before we did the Comprehensive Plan amendment to allow the entirety of the 40 acres to be a shopping center. So we're essentially going back to what was originally the intended commercial under the Comprehensive Plan. MR. ARNOLD: Thanks, Rich. The other thing that was added here was specifically a library use. It wasn't one of the C-1 through C-3 uses. Staff was recommending the library use, and we have, obviously, no objection to that. COMMISSIONER FRY: Are we in a question-asking mode? 9.A.4.g Packet Pg. 768 Attachment: 07_Transmittal CCPC Transcript (20077 : PL20190002353 - Estates Shopping Center Subdistrict) April 19, 2021 Page 66 of 73 MR. ARNOLD: Sure, absolutely. COMMISSIONER FRY: The 50 residential dwelling units, can you walk us through that. MR. ARNOLD: I can. We've asked for 50 total units as part of the Comprehensive Plan. When you see our Planned Unit Development come through, it's going to be most likely less than that, so that number is one that may go down. We weren't clearly sure how some dormitory housing that was associated with Shy Wolf and some of their educational aspects would be counted. We also made provisions -- the county originally thought they might want to do some essential service personnel housing on their tract. I think that's now no longer on the table. And then there was also a provision that should none of this happen, we had always the right to go back to the 18 or 20 platted Golden Gate Estate lots that are there. So that's kind of how the residential component plays into this, Mr. Fry. COMMISSIONER FRY: So they would go on the semipublic and public parcels? MR. ARNOLD: Correct. And we made provisions for those to be in accordance with Estates zoning standards. COMMISSIONER FRY: So we would learn the details when the PUD comes through? MR. ARNOLD: You absolutely will, yes, sir. CHAIRMAN HOMIAK: Anybody else? No response.) CHAIRMAN HOMIAK: No. MR. ARNOLD: I don't know if there are any public speakers or anybody on Zoom or not. We didn't have a lot of participation. As I said, I think most people -- CHAIRMAN HOMIAK: No public? No, no speakers. MR. ARNOLD: Oh, I'm sorry, Anita; staff. COMMISSIONER SCHMITT: Staff. MS. JENKINS: Good evening. Anita Jenkins. I'm filling in for James Sabo. I won't pull up our presentation. It's very similar to what you've seen from the applicant here. Staff has reviewed this application thoroughly. There are no adverse impacts to infrastructure from the plan. We would note that the accessory uses for housing will be tied to Shy Wolf, and we would expect to see that when it comes back, that those uses are accessory to Shy Wolf use. Also, there is a maximum daily trip cap of 410 p.m. peak-hour trips, unless that's changed. MR. YOVANOVICH: Yeah. And, I'm sorry I didn't bring this up. We will agree to the trip cap as part of the PUD. I've never seen it as part of a Growth Management Plan amendment. So we did have an objection to including it in the Growth Management Plan amendment, the trip cap. We will agree to a condition that there be a trip cap as part of the PUD but not the specific number as part of the Growth Management Plan. It will be part of the PUD. CHAIRMAN HOMIAK: Yeah. I don't really think it belongs in the Growth Management Plan. MS. JENKINS: Right. And we're fine with it when it comes back, that they include both the accessory use of the residential to Shy Wolf and the trip cap when it comes back for adoption. Again, this is transmittal, so you will see this come back as a Growth Management Plan amendment for adoption as well as a Planned Unit Development. CHAIRMAN HOMIAK: Okay. Thank you. Do you have -- anybody have any questions? COMMISSIONER SHEA: No. COMMISSIONER SCHMITT: No. CHAIRMAN HOMIAK: No? Okay. MR. YOVANOVICH: That's it. 9.A.4.g Packet Pg. 769 Attachment: 07_Transmittal CCPC Transcript (20077 : PL20190002353 - Estates Shopping Center Subdistrict) April 19, 2021 Page 67 of 73 CHAIRMAN HOMIAK: Anything else? MR. YOVANOVICH: No rebuttal. CHAIRMAN HOMIAK: Okay. We're looking for a motion then. COMMISSIONER SCHMITT: I make a motion that we submit this petition for transmittal and for review as proposed. CHAIRMAN HOMIAK: Is there a second? COMMISSIONER SHEA: Second. CHAIRMAN HOMIAK: Any discussion? No response.) CHAIRMAN HOMIAK: All those in favor, signify by saying aye. COMMISSIONER SHEA: Aye. COMMISSIONER FRY: Aye. COMMISSIONER VERNON: Aye. CHAIRMAN HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRMAN HOMIAK: I heard Chris say aye. COMMISSIONER VERNON: Yes. CHAIRMAN HOMIAK: Okay. MR. ARNOLD: Thank you. CHAIRMAN HOMIAK: ***So the next one, 9A3. MR. ARNOLD: All right. So, again, Wayne Arnold, for the record, and here representing the applicant. We have the same applicant team, so I'm not going to belabor that. But I would let you know that this is property that's currently owned by Collier County Government. It's a curved property that's located between Fourth Avenue Northeast and Immokalee Road just north of Randall Boulevard. The hard corner is currently used as a dry detention system for Immokalee Road project. As part of the contractual obligation, we'll be taking in that water management system and expanding upon it for some future roadway improvements that are planned at Randall and Immokalee Road, so that will be incorporated into our overall project. But in this particular case, we've asked for -- just show you the relationships. It's about 3.2 miles from the Estates shopping center property. It's also within the drive time that Mr. Weyer analyzed as part of the market-demand analysis. And as I mentioned, the 140,000 square feet we're taking away, we're asking for a maximum of 150,000 square feet for this subject district as well as up to 400 residential dwelling units. So we're creating our new subdistrict that will identify that as a mixed-use project. There's a companion mixed-use PUD that has been filed. It's winding its way through the process, and they'll obviously come back together. But we've asked for C-4 permitted and conditional uses. And I guess that's kind of deja vu. I had the pleasure of representing the Collier family on the parcel immediately north. And what they ultimately agreed to do, with your recommendation, was to come forward with C-3 plus uses, if you will. And we've had that conversation with Ms. Jenkins that we'd like to be transmitted with C-4 but acknowledging that our PUD as well as, if necessary, the subdistrict can come back in maybe a revised form to limit some of those C-4 uses. But one thing we did here -- it wasn't so much evident at the neighborhood meeting, but our client and Rich and myself and others have talked to several of the community leaders in the Estates, and to deliver some of the uses they want -- and we can't promise that we're going to have a large-scale big box hardware store or a large-scale membership club/warehouse type facility, but we can't get those if we're stuck with C-3 uses, and the community would really like to have those 9.A.4.g Packet Pg. 770 Attachment: 07_Transmittal CCPC Transcript (20077 : PL20190002353 - Estates Shopping Center Subdistrict) April 19, 2021 Page 73 of 73 COMMISSIONER SCHMITT: Who said he could go? MS. JENKINS: Jeff. CHAIRMAN HOMIAK: Oh, bummer. COMMISSIONER SCHMITT: Thank you. CHAIRMAN HOMIAK: Okay. COMMISSIONER FRY: Did you say Lee County? He's going to Lee County or another county? MS. JENKINS: Just another opportunity. CHAIRMAN HOMIAK: Okay. That's it, then. With no further business, we are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:23 p.m. COLLIER COUNTY PLANNING COMMISSION KAREN HOMIAK, ACTING CHAIRMAN These minutes approved by the Board on __________, as presented _________ or as corrected ________. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. 9.A.4.g Packet Pg. 771 Attachment: 07_Transmittal CCPC Transcript (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.h Packet Pg. 772 Attachment: 08_Agency Review Letters (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.h Packet Pg. 773 Attachment: 08_Agency Review Letters (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.h Packet Pg. 774 Attachment: 08_Agency Review Letters (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.h Packet Pg. 775 Attachment: 08_Agency Review Letters (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Estates Shopping Center Commercial Subdistrict (PL20190002353) Application and Supporting Documents April 1, 2021 CCPC Hearing 9.A.4.i Packet Pg. 776 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com May 21, 2020 Mr. Corby Schmidt, AICP Principal Planner Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Growth Management Plan Amendment Application Estates Shopping Center Commercial Subdistrict (PL20190002353), submittal 1 Dear Mr. Schmidt: A Collier County Growth Management Plan Amendment (GMPA) application for properties located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard is being submitted for review. This application proposes to amend the subdistrict to allow up to 50,000 square feet of general commercial and public and semi-public uses in the subdistrict. The GMPA is supported with a companion PUD amendment (PL20190002354), which amends the specific development standards for the proposed uses, and a Master Plan for development of the 40.62± acre property. Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Richard D. Yovanovich GradyMinor File (RCESC-19) 9.A.4.i Packet Pg. 777 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 1 APPLICATION NUMBER: PL20190002353 DATE RECEIVED: ______________________________ PRE-APPLICATION CONFERENCE DATE: October 30, 2019 This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Growth Management Department 239-252- 2400, Zoning Division, Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The application is to be reviewed by staff for sufficiency within 30 calendar days following the filing deadline. The applicant will be notified, in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 12-234. If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFOMRATION A. Name of Applicant: Richard D. Yovanovich as Successor Trustee Company: Coleman, Yovanovich & Koester, P.A. Address: 4001 Tamiami Trail North, Suite 300 City Naples State Florida Zip Code 34103 Phone Number: 239-435-3535 Fax Number: ________________________________ Email Address: ryovanovich@cyklawfirm.com B. Name of Agent* _ D. Wayne Arnold, AICP _ • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey City Bonita Springs State Florida Zip Code 34134 Phone Number: 239-947-1144 Fax Number: ___________________________ Email Address: warnold@gradyminor.com B1. Name of Agent * Richard D. Yovanovich, Esq. • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company: Coleman, Yovanovich & Koester, P.A. Address: 4001 Tamiami Trail North, Suite 300 City Naples State Florida Zip Code 34103 9.A.4.i Packet Pg. 778 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 2 Phone Number: 239-435-3535 Fax Number: ________________________________ Email Address: ryovanovich@cyklawfirm.com C. Name of Owner (s) of Record: See Exhibit I.C, Property Owner List Address: City State Zip Code Phone Number: 239-435-3535 Fax Number: _______________________________ Email Address: ryovanovich@cyklawfirm.com D. Name, Company, Address and Qualifications of all consultants and other professionals providing information contained in this application, as well as Qualifications of the Agent identified above. II. Disclosure of Interest Information: A. If the property is owned fee simple by an INDIVIDUAL, Tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership __________________________________________ _________________________ Not Applicable _________________________ __________________________________________ _________________________ B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock __________________________________________ _________________________ Not Applicable _________________________ __________________________________________ _________________________ C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Richard D. Yovanovich as Successor Trustee of Land Trust 850.018 under Land Trust Agreement dated October 4, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% 9.A.4.i Packet Pg. 779 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 3 Richard D. Yovanovich as Successor Trustee of Land Trust 850.018 under Land Trust Agreement dated October 4, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of Land Trust 850.023 under Land Trust Agreement dated October 4, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of Land Trust 850.025 under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of Land Trust 850.026 under Land Trust Agreement dated January 9, 2006 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of Land Trust 850.027 under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% 9.A.4.i Packet Pg. 780 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 4 Richard D. Yovanovich as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of Land Trust 850.032 under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of Land Trust 850.035 under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of Land Trust 850.033 under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of the Golden Gate Boulevard West Trust Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of Land Trust 850.034 under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% Richard D. Yovanovich as Successor Trustee of Land Trust 850.038 under Land Trust Agreement dated November 5, 2007 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% 9.A.4.i Packet Pg. 781 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 5 Richard D. Yovanovich as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 100% 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 Percentage of Ownership __________________________________________ _________________________ Not Applicable _________________________ E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership __________________________________________ _________________________ Not Applicable _________________________ Date of Contract: __________________ F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Not Applicable ________________________________________________________ G. Date subject property acquired (2015) leased ( ):________Term of lease: ______yrs./mos. If, Petitioner has option to buy, indicate date of option: ______________ and date option terminates: ______________, or anticipated closing: _______________________. NOTE: H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. III. DESCRIPTION OF PROPERTY: A. PARCEL I.D. NUMBER: 37119840001, 37119880003, 37116920005, 37117160000, 37116840004, 37116961006, 37117080009, 37117280003, 37117040007, 37116960007, 37117000005, 37119800009, 37117120008, 37116720001, 37116880006 and 37117200009 9.A.4.i Packet Pg. 782 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 6 B. LEGAL DESCRIPTION: A PORTION OF GOLDEN GATE ESTATES, UNIT NO.11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES, UNIT NO.11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°40'50" WEST, ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES, UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN NORTH 00°19'10" EAST, FOR A DISTANCE OF 860.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE ESTATES UNIT No.11; THENCE RUN SOUTH 89°40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 111 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN NORTH 00°19'10" EAST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 89°40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 00°19'10" WEST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 142 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN SOUTH 89°40'50" EAST, FOR A DISTANCE OF 680.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 180 FEET OF SAID TRACT 142; THENCE RUN SOUTH 00°19'10" WEST, FOR A DISTANCE OF 860.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 40.62 ACRES, MORE OR LESS. C. GENERAL LOCATION: Northwest quadrant of Wilson Blvd and Golden Gate Blvd. D. Section: 4 Township: 29 Range: 27 E. PLANNING COMMUNITY: Rural Estates F. TAZ: 215 G. SIZE IN ACRES: 40.62± H. ZONING: Estates Shopping Center CPUD I. FUTURE LAND USE MAP DESIGNATION(S): Rural Golden Gate Estates, Estates Designation, Commercial District, Estates Shopping Center Commercial Subdistrict J. SURROUNDING LAND USE PATTERN: Residential and Commercial – Exhibit V.A and V.B IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: ______ Housing Element ______ Recreation/Open Space ______ Traffic Circulation Sub-Element ______ Mass Transit Sub-Element ______ Aviation Sub-Element ______ Potable Water Sub-Element ______ Sanitary Sewer Sub-Element ______ NGWAR Sub-Element ______ Solid Waste Sub-Element ______ Drainage Sub-Element ______ Capital Improvement Element ______ CCME Element ______ Future Land Use Element x Golden Gate Master Plan ______ Immokalee Master Plan 9.A.4.i Packet Pg. 783 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 7 B. AMEND PAGE (S): 18 through 26 OF THE: Golden Gate Area Master Plan, Rural Golden Gate Estates Sub-Element AS FOLLOWS: (Use Strike-through to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: See Exhibit IV.B C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM N.A. TO N.A. D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) Remove Estates Shopping Center Subdistrict Conceptual Plan Map E. DESCRIBE ADDITIONAL CHANGES REQUESTED: N.A. V. REQUIRED INFORMATION: NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I” = 400’. At least one copy reduced to 8- 1/2 x 11 shall be provided of all aerials and/or maps. A. LAND USE Exhibit V.A Provide general location map showing surrounding developments (PUD, DRI’s, existing zoning) with subject property outlined. Exhibit V.A Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit V.A Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION Exhibit V.B Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL Exhibit V.C Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN “A” ABOVE. Exhibit V.C Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.) Identify historic and/or archaeological sites on the subject property. 9.A.4.i Packet Pg. 784 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 8 D. GROWTH MANAGEMENT Reference , F.A.C. and Collier County’s Capital Improvements Element Policy 1.1.2 (Copies attached). 1. INSERT “Y” FOR YES OR “N” FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference , F.A.C.). IF so, identify area located in ACSC. N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S.? (Reference , F.A.C.) N/N Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S.? Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. N/N Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference , F.A.C.) E. PUBLIC FACILITIES 1. Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: Exhibit V.E Potable Water Exhibit V.E Sanitary Sewer Exhibit V.E1 Arterial & Collector Roads; Name specific road and LOS Golden Gate Boulevard Wilson Boulevard Exhibit V.E Drainage Exhibit V.E Solid Waste Exhibit V.E Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. Exhibit V.E2 Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services. 3. Exhibit V.E Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire 9.A.4.i Packet Pg. 785 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9 protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Exhibit V.F Flood zone based on Flood Insurance Rate Map data (FIRM). Exhibit V.F Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps) N.A. Coastal High Hazard Area, if applicable N.A. High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION _____ $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus, proportionate share of advertising costs) _____ $9,000.00 non-refundable filing fee for a Small-Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus, proportionate share of advertising costs) Exhibit V.G3 Proof of ownership (copy of deed) Exhibit V.G4 Notarized Letter of Authorization if Agent is not the Owner (See attached form) Exhibit V.G5 Addressing Checklist Exhibit V.G6 Preapplication Meeting Notes * If you have held a pre-application meeting within 9 months prior to submitted date and paid the pre-application fee of $500.00 at the meeting, deduct that amount from the above application fee amount when submitting your application. All pre-application fees are included in the total application submittal fee if petition submitted within 9 months of pre-application meeting date. Otherwise the overage will be applied to future proportionate share advertising costs. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1”=400’ or at a scale as determined during the pre-application meeting. *All attachments should be consistently referenced as attachments or exhibits, and should be labelled to correlate to the application form, e.g. “Exhibit I.D.” * Planning Community, TAZ map, Traffic Analysis Zone map, Zoning maps, and Future Land Use Maps. Some maps are available on the Zoning Division website depicting information herein: Zoning Services Section: _________________ Comprehensive Planning Section: _______________________ THIS HAS CHANGED SINCE DCA BECAME DEO. SEE GMP PAEG 2011 UPDATES: https://www.colliercountyfl.gov/your-government/divisions-s-z/zoning-division/zoning-services- section/land-use-commission-district-maps 9.A.4.i Packet Pg. 786 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 10 Exhibit V.G4 LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Q. Grady Minor & Associates, P.A. and Coleman, Yovanovich & Koester, P.A. (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property identified in this Application. Signed: ________________________________________ Date: _________________________ Richard D. Yovanovich as Successor Trustee for the properties listed in Exhibit I.C. I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. Signature of Applicant Richard D. Yovanovich as Successor Trustee STATE OF (Florida) COUNTY OF (Collier) Sworn to and subscribed before me this ____________day of _____________________, 2020 By: ________________________________ MY COMMISSION EXPIRES: Notary Public CHOOSE ONE OF THE FOLLOWING: _____ who is personally known to me, ______ who has produced _____________________________as identification and ______ did take an Oath ______ did not take and Oath NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Law states that: “Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of %500.00 and/or maximum of a sixty day jail term.” 9.A.4.i Packet Pg. 787 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center Subdistrict GMPA (PL20190002353) Exhibit I.C Name of Owners of Record April 8, 2020 Page 1 of 2 RCESC-19 Exhibit IC.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Parcel ID Property Owner Address 37119840001 Richard D. Yovanovich as Successor Trustee of Land Trust 850.018 under Land Trust Agreement dated October 4, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37119880003 Richard D. Yovanovich as Successor Trustee of Land Trust 850.018 under Land Trust Agreement dated October 4, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37116920005 Richard D. Yovanovich as Successor Trustee of Land Trust 850.023 under Land Trust Agreement dated October 4, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37117160000 Richard D. Yovanovich as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37116840004 Richard D. Yovanovich as Successor Trustee of Land Trust 850.025 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37116961006 Richard D. Yovanovich as Successor Trustee of Land Trust 850.026 under Land Trust Agreement dated January 9, 2006 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37117080009 Richard D. Yovanovich as Successor Trustee of Land Trust 850.027 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37117280003 Richard D. Yovanovich as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37117040007 Richard D. Yovanovich as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37116960007 Richard D. Yovanovich as Successor Trustee of Land Trust 850.032 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 9.A.4.i Packet Pg. 788 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center Subdistrict GMPA (PL20190002353) Exhibit I.C Name of Owners of Record April 8, 2020 Page 2 of 2 RCESC-19 Exhibit IC.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com 37117000005 Richard D. Yovanovich as Successor Trustee of Land Trust 850.035 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37119800009 Richard D. Yovanovich as Successor Trustee of Land Trust 850.033 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37117120008 Richard D. Yovanovich as Successor Trustee of the Golden Gate Boulevard West Trust c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37116720001 Richard D. Yovanovich as Successor Trustee of Land Trust 850.034 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37116880006 Richard D. Yovanovich as Successor Trustee of Land Trust 850.038 under Land Trust Agreement dated November 5, 2007 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 37117200009 Richard D. Yovanovich as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142- 1087 Phone Number: 239-435-3535 Email Address: ryovanovich@cyklawfirm.com 9.A.4.i Packet Pg. 789 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center Subdistrict GMPA (PL20190002353) Exhibit I.D Professional Consultants May 11, 2020 Page 1 of 1 RCESC-19 Exhibit ID.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Planning/Project Management: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239.947.1144 warnold@gradyminor.com Richard D. Yovanovich, Esq Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 ryovanovich@cyklawfirm.com Transportation: James M. Banks, P.E., President JMB Transportation Engineering, Inc. 4711 7th Avenue SW Naples, FL 34119 239.919.2767 jmbswte@msn.com Environmental: Marco Espinar, Environmental Planner Collier Environmental Consultants, Inc. 3880 Estey Ave. Naples, FL 34104 239-263-2687 marcoe@prodigy.net 9.A.4.i Packet Pg. 790 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) D. Wayne Arnold, AICP Principal, Director of Planning Q. Grady Minor & Associates, P.A. Civil Engineers  Surveyors  Land Planners  Landscape Architects Education  Master of Urban Planning, University of Kansas, Lawrence  Bachelor of Science, Urban and Regional Planning/Geography, Missouri State University Professional Registrations/ Affiliations  American Institute of Certified Planners (AICP)  American Planning Association (APA)  Leadership Collier, Class of 2000  Bonita Springs Chamber of Commerce Government Affairs Committee  Collier County Jr. Deputy League, Inc., Board of Directors President  City of Naples Planning Advisory Board 2010-2014 Mr. Arnold is a Principal and co-owner of the firm and serves as the Secretary/Treasurer and Director of Planning. As Director of Planning, Mr. Arnold is responsible for and oversees services related to plan amendments, property re-zonings, expert witness testimony, ROW Acquisition, public participation facilitation, and project management. Mr. Arnold previously served as the Planning Services Director at Collier County, where he oversaw the County’s zoning, comprehensive planning, engineering, platting and Metropolitan Planning Organization (MPO) functions. Mr. Arnold also has prior Florida planning experience with Palm Beach County Government and the South Florida Water Management District. Mr. Arnold has been accepted as an expert in land planning matters in local and state proceedings. RELEVANT PROJECTS  Collier County Growth Management Plan  Immokalee Airport Master Plan  Collier County Land Development Code  Logan Boulevard Right-of-Way Acquisition Planning Analysis  U.S. 41 Right-of-Way Expansion Planning Analysis  Copeland Zoning Overlay  Collier County Government Center Development of Regional Impact (DRI)  Pine Ridge/Goodlette Road Commercial Infill District  Henderson Creek Planned Development/Growth Management Plan Amendment  Mercato Mixed Use Planned Development  Diamond Oaks Village  Imperial Landing MPD  Lely Area Stormwater Improvement Project ROW Analysis  Dean Street MPD  Bonita Exchange MPD  Collier County Public Schools Transportation Ancillary Plant 9.A.4.i Packet Pg. 791 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Richard D. Yovanovich ______________________________ Rich Yovanovich is one of the firm’s shareholders. He moved to Naples in 1990 and was an Assistant County Attorney for Collier County from 1990-1994. As an Assistant County Attorney he focused on land development and construction matters. Since entering private practice in 1994, Mr. Yovanovich has represented property owners through the entitlement process before local and state agencies. His representation includes project ranging from small residential and commercial projects to large developments of regional impact. Professional Activities/Associations The Florida Bar Collier County Bar Association Civic/Charitable Activities/Associations Member, Furman University Trustees Council, 2007 - Chairman, Leadership Collier Foundation Alumni Assoc. Member, Board of Directors, Holocaust Museum 2007 – Member, Leadership Collier, Class of 2000 Member, Board of Directors, CBIA (Director 2004-2008, Vice President 2006-2007) Member, Board of Director, Immokalee Friendship House Member, Board of Director, Avow Hospice 2011- Member, Florida Trend Legal Elite Elder, Vanderbilt Presbyterian Church Bar & Court Admission Florida, 1988 U.S District Court, Middle District of Florida U.S. Court of Appeals, Eleventh Circuit Education University of South Carolina J.D., 1987 J. Ed., 1986 Furman University B.A., cum laude, 1983 9.A.4.i Packet Pg. 792 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) JMB Transportation Engineering, Inc. Key Personnel - James M. Banks, P.E., President JAMES M. BANKS, P.E., PRESIDENT Certifications & Positions Bachelor of Science Degree in Civil Engineering - University of Kentucky, 1986 Professional Engineer - State of Florida – Reg. No. 43860, 1991 to Present JMB Transportation Engineering, Inc., President/Owner – 2007 to Present Q & E Overview Mr. Banks has been actively involved in the fields of traffic/transportation engineering and planning since 1987. During the past 30 years, he has developed a comprehensive knowledge within these disciplines and is regarded as an expert within his profession. Mr. Banks has represented a wide range of clientele in both the public and private sectors. Public sector clients include airport authorities & FAA, local and state municipalities, county commissions, public school boards, city councils, planning boards, and city/county attorneys. Private sector clients have been land planners, land use attorneys, right-of-way acquisition attorneys, engineers, surveyors, architects and developers. Corridor Planning Mr. Banks has conducted a significant number of roadway corridor studies for both the public and private sectors. His work efforts included developing a comprehensive and strategic corridor improvement plan to meet the long term transportation objectives for the area. By forecasting area- wide long range traffic demands, Mr. Banks developed transportation needs plans in order to ensure adequate roadway capacity. Example projects are Alico Road Six-Laning, Lee Boulevard Improvements, Southwest International Airport’s Transportation Needs Plan, Bonita Beach Road Access Management Plan, and Fort Myers Beach - Time Square Traffic Circulation Study. Transportation Design Mr. Banks has been engineer of record on numerous transportation design projects; such as, complex intersection design, signalization, street lighting, maintenance of traffic plans, signing and pavement marking plans, vehicular accident analysis, major roadway improvement design, traffic calming plans, railroad crossing design, and access management plans. Projects include Colonial Boulevard Improvements, Immokalee Road Widening Project, Lee Boulevard Six-Laning, Bonita Beach Road and Alico Road Widening. Traffic Impact Statements & Site Access Studies Mr. Banks has prepared countless Traffic Impact Statements & Site Access Studies for privately funded, publicly funded and public utilities projects. Types of projects that he has worked on include 9.A.4.i Packet Pg. 793 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) JMB Transportation Engineering, Inc. Key Personnel - James M. Banks, P.E., President all size of commercial/medical/airport projects and every possible type and size residential and mixed-use developments, including projects that were deemed Developments of Regional Impact (DRI's). Governmental agencies have used reports that were prepared by Mr. Banks as "guidelines" that have been distributed to other professionals for their consideration when producing their work products. Mr. Banks has a earned reputation with the private sector of having the skills necessary to navigate through the permitting process with ease . Expert Witness Mr. Banks has provided expert witness testimony at numerous court proceedings and public hearings regarding traffic/transportation related matters. He has testified in various forums; such as, county commission meetings, hearing examiner reviews, courts of law, public workshops, port authority meetings, and peer review functions. Types of issues that Mr. Banks provided testimony for were right-of-way acquisition cases; zoning and land use amendments, land development projects, corridor studies, roadway improvement projects, transportation improvement projects, and airport construction projects. Selected Project Experience Colonial Boulevard Improvements for Lee County DOT -Engineer of Record/Project Manager for the preparation of at-grade and interchange signalization plans, signing & pavement markings plans, street lighting and complex maintenance of traffic plans. Also, provided right-of-way acquisition services to the Lee County Attorney's office. SWFIA Expansion/Treeline Avenue Extension for FAA & Lee County Government - Engineer of Record for the Transportation Demand/Needs Study that was used as the basis for the ultimate design and construction. Prepared signalization plans and intersection geometry plans for complex intersections. Immokalee Road Improvements for Collier County DOT - Engineer of Record/Project Manager for the preparation of signalization, signing & pavement markings, street lighting plans. Alico Road Six Laning - Engineer of Record for the Corridor Study that was used as the basis for the ultimate design and construction. Prepared signalization plans, maintenance of traffic plans, railroad crossing, provided peer review/QC for road design plans. Lee Boulevard - Engineer of Record for the Corridor Study & Access Management Plan that was used as the basis for the ultimate design and construction. Prepared signalization plans, maintenance of traffic plans, and provided peer review/QC. State Road 80 - FDOT - Design Engineer for the widening and drainage improvements of S.R. 80 from I-75 to Buckingham Road, in Lee County. 9.A.4.i Packet Pg. 794 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) RESUME Marco A. Espinar Bilingual: English & Spanish 3211 68th St SW Office: 239-263-2687 Naples, Fl 34105 Home 239-263-2747 EDUCATION Cardinal Mooney High School Diploma 1980 Sarasota, Florida Manatee Junior College AA Degree 1982 Bradenton, Florida Biology University of South Florida BS Degree 1990 Tampa, Florida Biology Completed USF Cooperative Education Program April 1988 USF Undergraduate Research - USF 1985 Apalachicola Archaeological Expedition & Research - Lab Coordinator of Fauna Identification from Archeological Sites - Studies of Seagrass Beds (Thalassia testudinum) in Upper Tampa Bay, Florida - Growth Rates of Marine Algae (Gracilaria tikvahiae, G. verrucosa, G. deblis ) Port Manatee, Florida EMPLOYMENT HISTORY & EXPERIENCE Collier Environmental Consultants Inc. Owner & Environmental Planning / Naples, Florida 2/96 - Present Biologist Environmental Permitting, Planning Exotic Plant Removal / Poisoning Vegetation Inventory Mitigation Plantings Mitigation & Monitoring Plans Jurisdictional Determination Threatened and Endangered Species Survey Environmental Impact Statements Licensed Agent Gopher Tortoise Permitting, Red Cockaded Woodpecker Survey Testing, Relocation UMAM Analysis BP- Natural Resource Advisor - Deepwater Horizon MS Canyon 252 Oil Spill Gulfport, Mississippi - Dauphin Island, Alabama - Pensacola, Florida 9.A.4.i Packet Pg. 795 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Turrell & Associates, Inc. Senior Environmental Planner Naples, Florida 2/94 - 12/95 Environmental Permitting, Planning Supervision of Staff Threatened and Endangered Species Survey Review Staff Reports Environmental Impact Statements South Florida Water Management District Environmental Analyst Fort Myers, Florida 2/93 - 8/93 Dredge & Fill Permit Review Surface Water Permit Review Collier County Government, Development Services Environmental Specialist II Naples, Florida 10/90 – 2/93 Site Development Plan Compliance Landscape Inspections Planned Unit Development Compliance Environmental Enforcement Site Drainage Inspections Southwest Florida Water Management District Field Services Technician Tampa, Florida 9/87 – 10/90 As-Built Inspections of Storm Water System - Engineering, Survey Surface and Ground Water Permit Compliance Well Construction & Abandonment Inspections Southwest Florida Water Management District (CO-OP) Environmental Scientists 1 Brooksville, Florida 1/86 - 9/87 Wetland Vegetation Studies At Major Well Fields Water Quality Sampling & Testing PROFESSIONAL ASSOCIATIONS Southwest Florida Association of Environmental Professionals, Member Elected to very First Governing Board and served 2 terms, served on founding association – Bylaws Committee Appointed by the Board of County Commissioners and Served on the Collier County Environmental Advisory Board Appointed by the Board of County Commissioners and Currently Serving on the Development Services Advisory Committee 9.A.4.i Packet Pg. 796 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Currently Serving on the Land Development Code Sub-Committee Appointed by the Board of County Commissioners and Served on Conservation Collier Land Acquisition Advisory Committee 6 years Served as Chairman of the Conservation Collier Lands Evaluation and Management Sub- Committee, Award for Ten (10) years of my Voluntary Service to Collier County By the Board of County Commissioners - January 2010 Awarded Outstanding Advisory Board Member Award - February 2009 by Collier County Board of County Commissioners Gopher Tortoise Management and Mitigation Professional Training Program Successful Completion 9/01 REFERENCES UPON REQUEST 9.A.4.i Packet Pg. 797 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) May 7, 2020 Exhibit Cover Pages.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Estates Shopping Center Subdistrict GMPA (PL20190002353) Exhibit IV.D Amend Other Maps Replace Estates Shopping Center Subdistrict Conceptual Plan Map from the Rural Golden Gate Estates Sub-Element with new plan 9.A.4.i Packet Pg. 798 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 799Attachment: 09_Backup Material (20077 : PL20190002353 - GOLDEN GATE BOULEVARD WEST WILSON BOULEVARD NORTH3RD ST NW(C)1ST ST SW(P)(SP)1ST ST NW3RD ST SWEXISTING COUNTY WELL PRESERVE PRESERVEPRESERVE GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 0 250'125' LEGEND: COMMERCIAL (C) PUBLIC (P) SEMI-PUBLIC (SP) 9.A.4.i Packet Pg. 800 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 1ST STREET S.W.GOLDEN GATE BOULEVARD WILSON BOULEVARD3RD STREET S.W.SUBJECT PROPERTY - 40.62± ACRES EXISTING FLUE:RURAL GOLDEN GATE ESTATES, ESTATES DESIGNATION, COMMERCIAL DISTRICT, ESTATES SHOPPING CENTER SUBDISTRICT EXISTING ZONING:ESTATES SHOPPING CENTER CPUD ADJACENT PROPERTY ZONING LAND USE NORTH E RESIDENTIAL EAST E AND C-2 RESIDENTIAL AND CONVENIENCE STORE SOUTH E, C-3, CPUD RESIDENTIAL, UNDEVELOPED, DRUG STORE AND RETAIL CENTER WEST E RESIDENTIAL 0 400'200' SCALE: 1" = 400' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" SUBJECT PROPERTY 50.18+/- ACRES 300 FOOT RADIUS ZONED: E, ESTATES USE: RESIDENTIAL ZONED: C-3 AND SNOWY EGRET PLAZA CPUD USE: UNDEVELOPED AND DRUG STORE ZONED: E, ESTATES USE: RESIDENTIALZONED: E, ESTATESUSE: RESIDENTIALZONED: EUSE: RESIDENTIALZONED: WILSON BOULEVARD CENTER CPUD USE: RETAIL CENTERZONED: C-2USE:CONVENIENCESTORE9.A.4.i Packet Pg. 801 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) May 7, 2020 Exhibit Cover Pages.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Estates Shopping Center Subdistrict GMPA (PL20190002353) Exhibit V.B Existing FLU Maps Subject Property is 40.62± acres and designated Estates Designation, Commercial District, Estates Shopping Center Subdistrict on the Rural Golden Gate Estates Future Land Use Map 9.A.4.i Packet Pg. 802 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) SITE ESTATES DESIGNATION, COMMERCIAL DISTRICT, ESTATES SHOPPING CENTER SUBDISTRICT = 40.62± ACRES Page 2 of 4 9.A.4.i Packet Pg. 803 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Page 3 of 4 9.A.4.i Packet Pg. 804 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Page 4 of 49.A.4.iPacket Pg. 805Attachment: 09_Backup Material (20077 : PL20190002353 - 9.A.4.i Packet Pg. 806 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 807 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) retained on site. Include the above referenced calculations and aerials on the SDP or PPL. In a separate report, demonstrate how the preserve criteria pursuant to LDC section 3.05.07 have been meet. Location Maps / Aerials (LDCl 0.02.3.A.2.m) Aerials and location maps have been provided. The site consists of approximately 40.62 acres. Located in Section 4, Township 49, Range 27 in Golden Gate Estates. This project is located at the north west comer of Golden Gate Boulevard and Wilson Boulevard. This project is a compilation of numerous Golden Gate Estate lots. The parcels start at the comer of Wilson and Golden Gate Blvd to 3rd Street NW. This accumulation oflots total 40.62 acres. Some of these parcels have homes with wells ad septic tanks. Some of these lots are fenced in with pets and other impacts/ activities associated with single family homes. See Attached Location Maps, Vegetation Maps / FLUCCS Maps Native Vegetation Calculation (LDC3.05.07.A.) 3.05.07 Preservation Standards This site consists of approximately 40.62 acres. Approximately, 12.81 are impacted with ROW, pump station, and single family homes. That leaves approximately 27.81 acres as native vegetation. The project is required to preserve 15 % and /or approximately 4.17 acres will be preserved. This will be consistent with Goal 6 of Collier County GMP's Objective 6.1 Protect native communities through the application of minimum preservation requirements. Clearly identify the location of all preserves The preserve area has been identified on the site plan. Soil Ground Water Sampling Natural Site An exhibit showing Collier county well field protection zones has been provided. 9.A.4.i Packet Pg. 808 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 809 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 810Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 811Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) GOLDEN GATE BOULEVARD WEST WILSON BOULEVARD NORTH3RD ST NW(C) ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: C-2LAND USE: 7-11CONVENIENCE/GASZONING: E, ESTATESLAND USE: SINGLEFAMILY RESIDENTIALZONING:SNOWY EGRET PLAZA CPUD AND C-3 LAND USE: WALGREENS AND UNDEVELOPED ZONING:E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIALZONING: E, ESTATESLAND USE: SINGLE FAMILY RESIDENTIALZONING:E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL 1ST ST SW(P)(SP)1ST ST NW15' WIDE TYPE 'B' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER 3RD ST SWEXISTING COUNTY WELL 20' WIDE TYPE 'D' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) PRESERVE PRESERVEPRESERVE GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 0 250'125' LEGEND: COMMERCIAL (C) PUBLIC (P) SEMI-PUBLIC (SP) #DEVIATION 1 2 3 33 9.A.4.i Packet Pg. 812 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) GOLDEN GATE BOULEVARD WEST WILSON BOULEVARD NORTH3RD ST NW(C) ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: C-2LAND USE: 7-11CONVENIENCE/GASZONING: E, ESTATESLAND USE: SINGLEFAMILY RESIDENTIALZONING:SNOWY EGRET PLAZA CPUD AND C-3 LAND USE: WALGREENS AND UNDEVELOPED ZONING:E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIALZONING: E, ESTATESLAND USE: SINGLE FAMILY RESIDENTIALZONING:E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL 1ST ST SW(P)(SP)1ST ST NW15' WIDE TYPE 'B' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER 3RD ST SWEXISTING COUNTY WELL 20' WIDE TYPE 'D' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) PRESERVE PRESERVEPRESERVE GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 0 250'125' LEGEND: COMMERCIAL (C) PUBLIC (P) SEMI-PUBLIC (SP) #DEVIATION 1 2 3 33 9.A.4.i Packet Pg. 813 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 814 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 815 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 816 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 817 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 818 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 819 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 820 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 821 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 822 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 823 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 824 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 825 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 826 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 827 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 828 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 829 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 830 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 831 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 832 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 833 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 834 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 835 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 836 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 837 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 838 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 839 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 840 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 841 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 842Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 843Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 844 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 845 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 846 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 847 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 848 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 849 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 850Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 851Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center Subdistrict (PL20190002354) Exhibit V.D Growth Management May 15, 2020 Page 1 of 4 RCESC-19 Exhibit VD Growth Management.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com This Golden Gate Estates Area Master Plan amendment proposes to revise the Estates Shopping Center Subdistrict in order to modify the permitted land uses and operation standards within the Subdistrict and to revise the conceptual plan for the Subdistrict. A 10+/- acre portion of the site located west of 1st Street N.W. is being donated to Collier County for a variety of public uses. A 16+/- acre portion of the property is proposed to be developed for uses related to animal sanctuary and animal educational uses. An 11+/- acre portion of the site located at the intersection of Wilson Boulevard and Golden Gate Boulevard will retain the right to develop a variety of commercial land uses. Under Chapter 163 F.S., local governments are authorized to adopt and amend their comprehensive plans. The applicant has addressed the following three sections of Chapter 163 related to the amendment request. Chapter 163.3167 Scope of act.— (9) Each local government shall address in its comprehensive plan, as enumerated in this chapter, the water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the applicable plan developed pursuant to s. 373.709. The project will be served by potable water wells and septic systems for wastewater treatment. Chapter 163.3177 (6) (a) 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j. The need to modify land uses and development patterns within antiquated subdivisions. 9.A.4.i Packet Pg. 852 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Page 2 of 4 Chapter 163.3177 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. The property owner of the Estates Shopping Center Subdistrict has met with the Golden Gate Estates Civic Association on numerous occasions regarding the proposed amendments to this Subdistrict. The original Subdistrict was the subject of a non-binding general election vote by residents of the Golden Gate area and there was overwhelming support for commercial development at this location. Collier County has recently decided to sell surplus lands approximately 2 miles from this property, and the owner of the Estates Shopping Center property has been selected to acquire the surplus property from Collier County. With the availability of the surplus property on Immokalee Road, the community and Collier County have recognized that a large scale retail and/or mixed use project can better serve the greater needs of Golden Gate Estates and Eastern Collier County residents in that location where potable water and sewer services are available, and on a corridor where there are significantly greater numbers of vehicular traffic. The Golden Gate Community has embraced the idea to develop a smaller retail, office and service project at the intersection of Wilson Boulevard and Golden Gate Boulevard, while also providing the opportunity for additional public and semi-public uses in the vicinity of other County-owned and operated facilities along the Golden Gate Boulevard corridor. The above described concept has also been discussed by the Collier County Board of Commissioners at a number of public hearings and to date there is overwhelming public support for the proposed amendments to the Estates Shopping Center Subdistrict. The site has previously been impacted by construction of several single-family homes and it is platted as 12 separate single family lots on parcels ranging from 1.25 to 5 acres in size. Collier County has recognized that this type of antiquated subdivision is an inefficient use of land and contributes to urban sprawl. The proposed mixed-use project will provide for compatible land uses under a unified master plan for the property. 163.3184 Process for adoption of comprehensive plan or plan amendment. This section of the statute outlines the process and authority for agency review of plan amendments. The applicant understands that regional and state reviewing agencies will be responsible for review of any comprehensive plan amendments per the requirements of Chapter 163.3184 F.S. The applicant’s experts are of the opinion that there are no regional or state impacts associated with the application. 9.A.4.i Packet Pg. 853 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Page 3 of 4 Project Justification Golden Gate Area Master Plan: The proposed revisions to the Golden Gate Area Master Plan are consistent with planning principles of the Golden Gate Area Master Plan, as well as the Future Land Use Element of the Collier County Growth Management Plan. The Golden Gate Area Master Plan has previously identified the area of the Subdistrict on which commercial land uses can occur on lands designated as a Neighborhood Center. The proposed C-1 through C-3 commercial land uses are consistent with uses permitted within the Neighborhood Center. The public and semi-public uses will permit development of County owned and maintained public facilities as well as animal sanctuaries and animal educational facilities and services, which are compatible with the surrounding commercial and residential land uses. The proposed amendments are also consistent with the following Collier County Growth Management policies. Future Land Use Element: Policies 5.3 and 5.4 of the Future Land Use Element require that rezonings must be compatible with surrounding development. The proposed modifications to the Subdistrict continue to include language that references the preference to develop the site under a unified Planned Unit Development, and the Subdistrict includes specific provisions for open space, buffering, uses, and a conceptual plan of development which will insure compatibility of the uses within the Subdistrict to the surrounding uses. Policies 5.5 and 5.7 of the Future Land Use Element discourage urban sprawl by confining uses to areas designated for urban intensities. The Estates Shopping Center Subdistrict currently permits up to 190,000 square feet of general commercial land uses. The amendment reduces the general commercial square footage to a maximum of 50,000 square feet and adds public park and animal sanctuary uses. The overall intensity of the project is reduced, and the site can utilize a well for potable water and septic systems for wastewater. The level of commercial uses proposed with this amendment are more in scale with the desires of the Estates community. Policy 5.6 of the Future Land Use Element requires that projects are compatible with and complementary to the surrounding land uses. The proposed reduction in commercial intensity and maintenance of significant project buffers and preservation areas will insure that the project remains complementary and compatible with the neighboring residential properties. Objective 7 and the implementing policies of the Future Land Use Element promote interconnection with adjoining neighborhoods and streets. The Subdistrict will likely be developed with three distinct land uses. While the commercial portion of the Subdistrict will have access to 1st Avenue N.E. and Wilson Boulevard, the properties west of 1st Avenue N.E. 9.A.4.i Packet Pg. 854 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Page 4 of 4 will likely not have interconnection opportunities given that one of the potential uses is an animal sanctuary, which requires State-mandated fencing and security measures. Transportation Element: Policy 3.1 of the Transportation Element requires that the County shall maintain an advanced Right-of-Way Preservation and Acquisition Program. The Estates Shopping Center Subdistrict includes language obligating the owner to provide for the necessary right-of-way for improvements to the intersection of Wilson Boulevard and Golden Gate Boulevard. Policy 5.1 of the Transportation Element says that the County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. The proposed amendment to the Subdistrict reduces the overall impact to the surrounding road network. The accompanying Traffic Impact Analysis concludes that there are no deficient roadway segments associated with the proposed modification of uses within the Subdistrict. Conservation and Coastal Management Element: The proposed Subdistrict includes specific language with regard to onsite native vegetation preservation. The site is platted and much of the existing native vegetation has been disturbed by prior home construction and roadway construction. Development within the Subdistrict will preserve and enhance native vegetation on-site consistent with the requirements contained in the Subdistrict. Public Facilities Element: The project is not located with the County’s water and sewer service areas. Development will be served by private potable water wells and on-site septic systems for wastewater collection. Drainage will be designed by a professional engineer and will be permitted by the South Florida Water Management District to insure compliance with State of Florida criteria for surface water management. 9.A.4.i Packet Pg. 855 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center Subdistrict (PL20190002354) Exhibit V.E Public Facilities May 8, 2020 Page 1 of 3 RCESC-19 Exhibit VE.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Potable Water Public facilities are not available in the immediate area and therefore the development of the parcel will require installation of a private potable water well to be permitted consistent with the applicable provisions of the GMP, LDC and other jurisdictional agencies including FDEP and SFWMD and capacity will minimally meet the standards of the Florida Administrative Code. It is likely that the site will be developed with approximately 50,000 square feet of commercial space, an animal sanctuary and a variety of Collier County government facilities. No demand is generated on the Collier County public water facilities. Sanitary Sewer Public facilities are not available in the immediate area and therefore the development of the parcel will require installation of a private septic treatment system permitted consistent with the applicable provisions of the GMP, LDC and other jurisdictional agencies including FDEP and SFWMD. It is likely that the site will be developed with approximately 50,000 square feet of commercial space, an animal sanctuary and a variety of Collier County government facilities. No demand is generated on the Collier County sanitary sewer system. Arterial & Collector Roads Please refer to Exhibit V.E1 Traffic Impact Statement. Project Transportation Consultant, JMB Transportation Engineering, Inc., has prepared a Transportation Analysis for the conceptualized development program for the subject property. The proposed subdistrict is expected to result in a significant capture rate from pass by traffic as well as mitigating (reverse) directional flows (opposite of the rush hour directional pattern). The result shall be a more efficient use of the roadway capacity. This shall be one result of the satisfaction of community commercial need in the Estates. Please see the level of service analysis in the attached TIS. Drainage The proposed development will be designed to comply with the 25 year, 3-day storm standards and other applicable standards of the LDC and other jurisdictional agencies including the SFWMD. 9.A.4.i Packet Pg. 856 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Page 2 of 3 Solid Waste The established Level of Service (LOS) for the solid waste facilities is two years of landfill disposal capacity at present fill rates and ten years of landfill raw land capacity at present fill rates. No adverse impacts to the existing solid waste facilities from the proposed project. Solid Waste Generation: Commercial: 50,000 sf x 2.5 lbs per 1,000 sf/day = 50 x 2.5 = 125 lbs/day x 365 = 45,625 lbs/yr ÷ 2,000 lbs = 22.8 tons/yr Public and Semi-public: 50,000 sf x 0.007 lb/sf/day = 350 lbs/day x 365 =63.9 tons/year The LOS standard for solid waste shall guarantee disposal needs for the next 10 years and consistently maintain 2 years of lined cell capacity. Total estimated lined cell capacity remaining is 575,000 tons, with an estimated life of landfill as 42 years (2061). The proposed MPUD will have no impact on the level of service for the landfill. Data source: "Solid Wastes: Engineering Principles and Management Issues", Tchobangolous/Theisen and "Environmental Engineering and Sanitation", Salvato. Calrecycle.ca.gov, 2019 AUIR Parks: Community and Regional The proposed development will not significantly increase the population density and therefore will have no effect on the community and regional parks beyond those mitigated by the payment of associated impact fees. The site, as presently allowed by the Future Land Use Element, Density Rating System and the Land Development Code, may be developed with up to 17 dwelling units. Using the average County household occupancy rate of 2.39 people per unit, this could represent 40-41 residents. Conversion to the mixed-use subdistrict represents a slight increase in the County population is essential service housing is constructed. The 2019 Annual Update and Inventory Report establishes two Level of Service Standards (LOSS) for Parks and Recreation. The Board of County Commissioners requires 1.2 acres of community park land per 1,000 residents and 2.9 acres of regional park land per 1,000 residents. The project impacts are usually mitigated by the payment of impact fees during permitting. Source: 2019 AUIR Service Providers Schools The District School Board of Collier County Fire Protection Greater Naples Fire Rescue District 9.A.4.i Packet Pg. 857 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Page 3 of 3 Police Protection Collier County Sheriff Emergency Medical Services Collier County Emergency Medical Services The proposed amendment is not expected to have a significant impact to the above service providers. Impacts are mitigated for schools, fire and emergency medical services through the payment of impact fees at the time of development. Public Schools: As currently designated on the Future Land Use Map, the subject property would allow 17 single- family dwelling units. Using the Collier County Public School Facilities Element Data and Analysis Report, the following number of students could be expected if the site remains as single-family residential development: Elementary School: 0.16 students/unit x 17 units = 2.72 students Middle School: 0.10 students/unit x 17 units = 1.70 students High School: 0.12 students/unit x 17 units = 2.04 students Total: 0.38 students/unit x 17 units = 6.46 students If the subdistrict is approved the number of students in the School District coming from this site will decrease. No students are generated by commercial development. Fire Service: The subject property is located within the Greater Naples Fire Rescue District, which is an independent district. The County does not include a Level of Service Standard for this district in the AUIR. 9.A.4.i Packet Pg. 858 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) North Collier Fire Rescue District - Station #10 Sheriff's Office - District 4 Medic 10 Corkscrew Elementary and Middle Schools Palmetto Ridge High School Golden Gate Station 71 Medic 71 Estates Library 0 6000'3000' SCALE: 1" = 6000' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 SUBJECT PROPERTY 9.A.4.i Packet Pg. 859 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 860 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 861 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 862 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 863 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 864 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 865 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 866 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 867 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 868 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)         9.A.4.iPacket Pg. 869Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 870 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)         9.A.4.iPacket Pg. 871Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)         9.A.4.iPacket Pg. 872Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 873 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 874 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          9.A.4.i Packet Pg. 875 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) May 11, 2020 Page 1 of 3 RCESC-19 Exhibit VF.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Estates Shopping Center Subdistrict (PL20190002353) Exhibit V.F Flood Zone and Wellfield Maps 9.A.4.i Packet Pg. 876 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) May 11, 2020 Page 2 of 3 RCESC-19 Exhibit VF.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Flood Zone Map Subject Property – Flood Zones AH-13, X and X500 9.A.4.i Packet Pg. 877 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) May 11, 2020 Page 3 of 3 RCESC-19 Exhibit VF.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Wilson Blvd Wellfield Locations Golden Gate Blvd W Subject Property 9.A.4.i Packet Pg. 878 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) May 7, 2020 Exhibit Cover Pages.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Estates Shopping Center Subdistrict GMPA (PL20190002353) Exhibit V.G3 Warranty Deed(s) 9.A.4.i Packet Pg. 879 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 880 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 881 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 882 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 883 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 884 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 885 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 886 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 887 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 888 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 889 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 890 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 891 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 892 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 893 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 894 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 895 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 896 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 897 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 898 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 899 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 900 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 901 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 902 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 903 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 904 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 905 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 906 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 907 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 908 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 909 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 910Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 911Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 912Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 913Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 914Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) May 7, 2020 Exhibit Cover Pages.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Estates Shopping Center Subdistrict GMPA (PL20190002353) Exhibit V.G5 Addressing Checklist 9.A.4.i Packet Pg. 915 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) K>>/ZKhEdz'KsZEDEd 'ZKtd,DE'DEdWZdDEd ǁǁǁ͘ĐŽůůŝĞƌŐŽǀ͘ŶĞƚ ϮϴϬϬEKZd,,KZ^^,KZ/s EW>^͕&>KZ/ϯϰϭϬϰ ;ϮϯϵͿϮϱϮͲϮϰϬϬ&y ;ϮϯϵͿϮϱϮͲϱϳϮϰ ADDRESSING CHECKLIST 3OHDVHFRPSOHWHWKHIROORZLQJDQGHPDLOWR*0'B$GGUHVVLQJ#FROOLHUJRYQHWRUID[WRWKH2SHUDWLRQV'LYLVLRQ DWRUVXEPLWLQSHUVRQWRWKH$GGUHVVLQJ6HFWLRQDWWKHDERYHDGGUHVV)RUPPXVWEHVLJQHGE\ $GGUHVVLQJSHUVRQQHOSULRUWRSUHDSSOLFDWLRQPHHWLQJplease allow 3 days for processing. 1RW DOO LWHPV ZLOO DSSO\ WR HYHU\ SURMHFW ,WHPV LQbold type DUHUHTXLUHGFOLIO NUMBERS MUST BE PROVIDED.)RUPVROGHUWKDQPRQWKVZLOOUHTXLUHDGGLWLRQDOUHYLHZDQGDSSURYDOE\WKH$GGUHVVLQJ6HFWLRQ PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) %/ %ODVWLQJ3HUPLW  %' %RDW'RFN([WHQVLRQ  &DUQLYDO&LUFXV3HUPLW &8 &RQGLWLRQDO8VH  (;3 ([FDYDWLRQ3HUPLW  )3 )LQDO3ODW //$ /RW/LQH$GMXVWPHQW  31& 3URMHFW1DPH&KDQJH  33/ 3ODQV 3ODW5HYLHZ  363 3UHOLPLQDU\6XEGLYLVLRQ3ODW  38'5H]RQH 5= 6WDQGDUG5H]RQH  6'3 6LWH'HYHORSPHQW3ODQ  6'3$ 6'3$PHQGPHQW  6'3, ,QVXEVWDQWLDO&KDQJHWR6'3  6,3 6LWH,PSURYHPHQW3ODQ  6,3, ,QVXEVWDQWLDO&KDQJHWR6,3  615 6WUHHW1DPH&KDQJH  61& 6WUHHW1DPH&KDQJH±8QSODWWHG  7'5 7UDQVIHURI'HYHORSPHQW5LJKWV  9$ 9DULDQFH  953 9HJHWDWLRQ5HPRYDO3HUPLW  956)3 9HJHWDWLRQ5HPRYDO 6LWH)LOO3HUPLW  27+(5 LEGAL DESCRIPTION RIVXEMHFWSURSHUW\RUSURSHUWLHV(copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s)RIDERYH(attach to, or associate with, legal description if more than one) 675((7$''5(66RU$''5(66(6(as applicable, if already assigned) 352326('675((71$0(6(if applicable) 6,7('(9(/230(173/$1180%(5(for existing projects/sites only) LOCATION MAP PXVWEHDWWDFKHGVKRZLQJH[DFWORFDWLRQRISURMHFWVLWHLQUHODWLRQWRQHDUHVWSXEOLFURDGULJKW RIZD\ 352326('352-(&71$0((if applicable) 6'3RU$5RU3/ 6859(< FRS\QHHGHGRQO\IRUXQSODWWHGSURSHUWLHV &855(17352-(&71$0((if applicable) Rev. 6/9/2017 Page 1 of 2 (Not approved at this time.) ■GMPA S4, T49, R27 (See Exhibit D) See Property Owner List Golden Gate Blvd and Wilson Blvd Estates Shopping Center 9.A.4.i Packet Pg. 916 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) K>>/ZKhEdz'KsZEDEd 'ZKtd,DE'DEdWZdDEd ǁǁǁ͘ĐŽůůŝĞƌŐŽǀ͘ŶĞƚ ϮϴϬϬEKZd,,KZ^^,KZ/s EW>^͕&>KZ/ϯϰϭϬϰ ;ϮϯϵͿϮϱϮͲϮϰϬϬ&y ;ϮϯϵͿϮϱϮͲϱϳϮϰ 3OHDVH5HWXUQ$SSURYHG&KHFNOLVW%\(PDLO3HUVRQDOO\SLFNHGXS ASSOLFDQW1DPH 6LJQDWXUHRQ$GGUHVVLQJ&KHFNOLVWGRHVQRWFRQVWLWXWH3URMHFWDQGRU6WUHHW1DPH DSSURYDODQGLVVXEMHFWWRIXUWKHUUHYLHZE\WKH2SHUDWLRQV'LYLVLRQ FOR STAFF USE ONLY FROLR Number Folio Number Folio Number Folio Number )ROLR1XPEHU )ROLR1XPEHU Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED )D[ (PDLO)D[3KRQH 3URMHFWRUGHYHORSPHQWQDPHVSURSRVHGIRURUDOUHDG\DSSHDULQJLQFRQGRPLQLXPGRFXPHQWV LIDSSOLFDWLRQ LQGLFDWHZKHWKHUSURSRVHGRUH[LVWLQJ  Rev. 6/9/2017 Page 2 of 2 04/09/2020 37119840001 For the rest, please see attached. Estates Shopping Center ■ Sharon Umpenhour 239-947-1144 sumpenhour@gradyminor.com 9.A.4.i Packet Pg. 917 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 918 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict)          !" #"  $%#" & "%#" '(   )*+&     !" #"  $%#" & "%#" '(   )*+&& ,%!-.%/ - 0+&    !" #"  $%#" &+ "%#" '(   )*+&+0& 1% 2-1#2.%/ , 0    !" #"  $%#" &+ "%#" '(   ()*+& 1% 2-1#2.%/ , 0    !" #"  $%#" &+& "%#" '(   ()*+& 000    !" #"  $%#" &+0 "%#" '(  3" *+0 ++ 1% 2-1#2.%/ ,     !" #"  $%#" &+ "%#" '(   ()*+& 1% 2-1#2.%/ , +    !" #"  $%#" &+ "%#" '(   ()*+&     !" #"  $%#" & "%#" '(   ()*+&0& 1% 2-1#2.%/ , 00    !" #"  $%#" &+ "%#" '(   ()*+&+ 1% 2-1#2.%/ , &    !" #"  $%#" && "%#" '(   ()*+& 1% 2-1#2.%/ ,     !" #"  $%#" & "%#" '(   ()*+& !#!#-, +    !" #"  $ 1 1  . 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Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Estates Shopping Center Subdistrict GMPA (PL20190002353) Exhibit V.G6 Pre-application Meeting Notes 9.A.4.i Packet Pg. 921 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 922 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 923 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 924 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 925 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 926 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 927 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 928 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 929 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 930 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 931 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 932 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 933 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 934 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 935 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 936 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 937 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 938 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 939Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Project Location Map NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002353 Estates Shopping Center Subdistrict (GMPA) and PL20190002354, Estates Shopping Center CPUD Amendment (PUDA) A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Richard D. Yovanovich as Successor Trustee (Applicant) will be held on Wednesday, December 9, 2020, 5:30 pm at North Collier Regional Park Exhibit Hall – Room A, 15000 Livingston Road, Naples 34109. Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor.com, phone: 239-947-1144, or mail: 3800 Via Del Rey, Bonita Springs, FL 34134. Project information is posted online at www.gradyminor.com/planning. Richard D. Yovanovich as Successor Trustee has submitted formal applications to Collier County, seeking approval of a Growth Management Plan (GMP) Amendment and a Planned Unit Development (PUD) Amendment. The GMP amendment proposes to amend the subdistrict to reduce the general commercial square footage to a maximum of 50,000 square feet and to allow public and semi-public uses in the subdistrict in addition to the general commercial uses. The companion PUD amendment proposes to amend the CPUD in order to modify the permitted uses and master plan, by reducing the maximum square footage of general commercial uses from 150,000 square feet to 50,000 square feet, adding public and semi-public land uses that will include uses such as County owned public facilities, animal sanctuary and education center and related uses, and the potential to have single family and multi-family residences. The master plan is being revised to accommodate the revised mix of land uses. The subject property is comprised of 40.62± acres located on the north side of Golden Gate Boulevard between 3rd Street N.W. and Wilson Boulevard North in Section 04, Township 49 South, Range 27 East, Collier County, Florida. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. 9.A.4.i Packet Pg. 940 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 1NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPE23 GOLDEN GATE & WILLIAMS LLC 900 SW PINE ISLAND RD # 202CAPE CORAL, FL 33991---0 GOLDEN GATE EST UNIT 14 TR 1, LESS THE S 330FT OF TR 137280040002 U7-ELEVEN INCS LLC ONE ARTS PLAZA 1722 ROUTH STREET STE 1000 DALLAS, TX 75201---0 GOLDEN GATE EST UNIT 14 S 330FT OF TRACT 137280040109 U850.018 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 TR 14337119840001 U850.018 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 TR 14437119880003 U850.023 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 E 150FT OF TR 10737116920005 U850.024 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 W 150FT OF TR 11037117160000 U850.025 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 E 75FT OF W 180FT OF TR 10737116840004 U850.026 LAND TRUST % CROWN MGMT SERVICE 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 E 150FT OF TR 108, PLUS E 9FT OF W 180FT OF S 87FT OF N 207 FT OF TR 108, LESS W 9FT OF 37116961006 U850.027 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 E 75FT OF W 180FT OF TR 10937117080009 U850.028 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 S 180FT OF TR 111 OR 1834 PG 64637117280003 U850.031 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 E 150FT OF TR 10937117040007 U850.032 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 W 180FT OF TR 108, PLUS W 9FT OF E 150 OF N 87FT OF S 272FT OF TR 108, LESS E 9FT OF W 180 37116960007 U850.035 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 W 105FT OF TR 10937117000005 U850.33 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 S 180FT OF TR 14237119800009 UADAN, CIRA 115 2ND ST NENAPLES, FL 34120---2008 GOLDEN GATE EST UNIT 14 S 105FT OF TR 3437282560001 UAHMATI, DANJELA NADZI HASAN 450 GOLDEN GATE BLVD WEST NAPLES, FL 34120---0 GOLDEN GATE EST UNIT 12 E 180FT OF TR 5337163960005 UALEMAN, MELVIN NOEL GUZMAN 2817 49TH LANE SWNAPLES, FL 34116---0 GOLDEN GATE EST UNIT 12 TR 54 OR 1976 PG 137837164040005 UALMAGUER, GERARDO 2301 41ST TER SWNAPLES, FL 34116---0 GOLDEN GATE EST UNIT 14 E 165 FT OF TR 3537282600000 UALVAREZ, JAYRO 91 GOLDEN GATE BLVD ENAPLES, FL 34120---9305 GOLDEN GATE EST UNIT 14 E 105FT OF TR 237280120003 UALZAMORA, LEONARDO G & 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11 S 180FT OF TR 106 OR 1400 PG 220237116720001 ULAND TRUST 850.038 % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 W 105FT OF TR 10737116880006 ULAND TRUST 850.045 % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 S 75FT OF N 150FT OF TR 11137117200009 ULANGFORD, KENNETH W & DONNA M 230 3RD ST NWNAPLES, FL 34120---5043 GOLDEN GATE EST UNIT 11 N1/2 TR 104 OR 1339 PG 71037116520007 ULOPEZ, ALIAN ALBERTO & YENELY 145 3RD ST NWNAPLES, FL 34120---0 GOLDEN GATE EST UNIT 11 N 75FT OF S 180FT OF TR 7537115040009 ULOPEZ-MOLINA, IVAN 111 1ST ST SWNAPLES, FL 34117---2102 GOLDEN GATE EST UNIT 12 N 105FT OF TR 12137169080002 UMAKOLONDRA, TERESITA D JOHN R MAKOLONDRA 270 3RD AVE NW NAPLES, FL 34120---0 GOLDEN GATE EST UNIT 11 N 75FT OF S 150FT OF TR 103 OR 1735 PG 1446 37116480008 UNotice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.Petition: PL20190002353(GMPA) & PL20190002354(PUDA) | Buffer: 1000' | Date: 11/3/2020 | Site Location: Estates Shopping Center CPUDPOList_1000_PL20190002353-PL20190002354.xls9.A.4.iPacket Pg. 941Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 2MC KAY, JEFFREY P & MARY ANN 171 2ND ST NENAPLES, FL 34120---2008 GOLDEN GATE EST UNIT 14 N 75FT OF S 150FT OF TR 33 OR 1761 PG 290 37282440008 UMCELHINNEY, EDWARD & THANH 110 3RD ST SWNAPLES, FL 34117---0 GOLDEN GATE EST UNIT 12, THE N 1/2 OF TR 9037166960002 UMEDINA, ALEXIS GIOVANNI KATHLEEN MEDINA 181 WILSON BLVD N NAPLES, FL 34120---0 GOLDEN GATE EST UNIT 11 S 75FT OF N 180FT OF TR 141 OR 1254 PG 818 37119640007 UMEDINA, ESTELLA 140 GOLDEN GATE BLVD WNAPLES, FL 34120---2165 GOLDEN GATE EST UNIT 12 W 75FT OF TR 12337169400006 UMEJIA, CELIA 220 1ST ST NWNAPLES, FL 34120---5033 GOLDEN GATE EST UNIT 11 S 180FT OF TR 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NWNAPLES, FL 34119---0 GOLDEN GATE EST UNIT 11 N 150FT OF TR 140 OR 1979 PG 65437119520004 UWHITE, EDWARD P & ANGELLA G 160 GOLDEN GATE BLVD WNAPLES, FL 34120---0 GOLDEN GATE EST UNIT 12 E 150FT OF TR 12237169240004 UWOODRUFF, JOSHUA D & CHELSEA R 140 5TH ST NWNAPLES, FL 34120---0 GOLDEN GATE EST UNIT 11 N 150FT OF TR 7037114400103 UYEPES, MICHAEL VERONICA CARATTINI 7767 JEWEL LN #201 NAPLES, FL 34109---0 GOLDEN GATE EST UNIT 11 S 75FT OF N 180FT OF TR 139 & E 284.75FT OF N 105FT OF TR 139, LESS W 398.65FT OF S 75FT OF 37119480005 UZANGRILLO, CHRISTINA 181 3RD ST NWNAPLES, FL 34120---2014 GOLDEN GATE EST UNIT 11 N 180FT OF TR 7637115120000 UGGEACAPO Box 990596Naples, FL 34116POList_1000_PL20190002353-PL20190002354.xls9.A.4.iPacket Pg. 942Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002353 Estates Shopping Center Subdistrict (GMPA)and PL20190002354,Estates Shopping Center CPUD Amendment (PUDA) A Neighborhood Information Meeting hosted by D.Wa yne Arnold,AICP,of Q.Grady Minor and Associates,P.A.and Richard D.Yo vanovich,Esq.of Coleman,Yo vanovich &Koester,P.A.,representing Richard D.Yo vanovich as Successor Tr ustee (Applicant)will be held on Wednesday,December 9,2020,5:30 pm at North Collier Regional Park Exhibit Hall –Room A,15000 Livingston Road,Naples 34109.Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour,Senior Planning Te chnician with Q.Grady Minor &Associates, P.A.by email:sumpenhour@gradyminor.com,phone:239-947-1144,or mail: 3800 Via Del Rey,Bonita Springs,FL 34134.Project information is posted online at www.gradyminor.com/planning. Richard D.Yo vanovich as Successor Tr ustee has submitted formal applications to Collier County,seeking approval of a Growth Management Plan (GMP)Amendment and a Planned Unit Development (PUD)Amendment. The GMP amendment proposes to amend the subdistrict to reduce the general commercial square footage to a maximum of 50,000 square feet and to allow public and semi-public uses in the subdistrict in addition to the general commercial uses.The companion PUD amendment proposes to amend the CPUD in order to modify the permitted uses and master plan, by reducing the maximum square footage of general commercial uses from 150,000 square feet to 50,000 square feet,adding public and semi-public land uses that will include uses such as County owned public facilities, animal sanctuary and education center and related uses,and the potential to have single family and multi-family residences.The master plan is being revised to accommodate the revised mix of land uses. The subject property is comprised of 40.62±acres located on the north side of Golden Gate Boulevard between 3rd Street N.W.and Wilson Boulevard North in Section 04,To wnship 49 South,Range 27 East,Collier County, Florida. The Neighborhood Information Meeting is for informational purposes,it is not a public hearing. 9.A.4.i Packet Pg. 943 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 944 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 945 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Randall Curve MPUD and Estates Shopping Center December 9, 2020 NIM - Zoom Participants First Name Last Name Email Registration Time Approval Status Jill Rosenfeld jillfrosenfeld@gmail.com 12/9/2020 18:25 approved David Dlugolenski dd@sagestonepartners.com 12/9/2020 17:31 approved Adam Brown ab@sagestonepartners.com 12/9/2020 17:31 approved Quincy Jones tquincyjones@gmail.com 12/9/2020 17:31 approved Robert Anderson ander100@comcast.net 12/9/2020 17:28 approved Maggie Kemp mkemp@comcast.net 12/9/2020 17:06 approved Michele Vaughan michele@davisgroupga.com 12/9/2020 17:01 approved Jillian Shaw jillian@davisgroupga.com 12/9/2020 16:59 approved Collin Johnson Collin@coastal-it.com 12/9/2020 16:42 approved Ty Thrasher tythrasher@outlook.com 12/9/2020 16:01 approved Corby Schmidt Corby.Schmidt@colliercountyfl.gov 12/9/2020 14:03 approved Billy Chambers billy@davisgroupga.com 12/9/2020 12:06 approved Dawna Livingstone dpipersburg@rembrandtaccounting.com 12/9/2020 10:02 approved Tim Ross rossdesinc@aol.com 12/8/2020 23:22 approved Susan Ruesink suerruesink@yahoo.com 12/8/2020 18:04 approved Mike Dalbey Mtpd7904@gmail.com 12/8/2020 16:29 approved Peter Brake pbrake@cmcd.org 12/8/2020 16:19 approved Diane Lynch dtlynch@comcast.net 12/8/2020 16:08 approved Scott Baxter madpoodle@aol.com 12/7/2020 20:57 approved Mary Bachelor mabachelor@comcast.net 12/7/2020 20:04 approved hunter harrison hunter@davisgroupga.com 12/7/2020 19:54 approved Linnea Chasse linneachasse@yahoo.com 12/7/2020 15:55 approved christopher davis chris@davisgroupga.com 12/7/2020 15:11 approved Robert Crown bobbyacrown@me.com 12/7/2020 13:46 approved Richard Eckstein richardeckstein239@gmail.com 12/7/2020 13:30 approved Barbara Pezzuto Basha324@msn.com 12/7/2020 12:30 approved J K realestatesouthwestflorida@gmail.com 12/7/2020 12:25 approved aaron zwiefel azwief@gmail.com 12/7/2020 12:18 approved C Kaufman Clk_ny@yahoo.com 12/7/2020 12:17 approved Bryan Bo Bryanbo79@yahoo.com 11/26/2020 8:28 approved Anita Jenkins anita.jenkins@colliercountyfl.gov 11/24/2020 17:12 approved Sharon Umpenhour sumpenhour@hotmail.com 11/24/2020 16:00 cancelled by self 9.A.4.i Packet Pg. 946 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Petitions:PL20190002353, Estates Shopping Center Subdistrict Plan Amendment and;PL20190002354, Estates Shopping Center CPUD Amendment December 9, 2020 Neighborhood Information Meeting (NIM) 9.A.4.i Packet Pg. 947 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center •Richard Yovanovich, as trustee and not individually –Applicant •Richard D. Yovanovich, Esq., Land Use Attorney –Coleman, Yovanovich & Koester, P.A. •D. Wayne Arnold, AICP, Professional Planner –Q. Grady Minor & Associates, P.A. •Mark Minor, P.E., Professional Planner –Q. Grady Minor & Associates, P.A. •James M. Banks, PE, Traffic Engineer –JMB Transportation Engineering, Inc. •Marco A. Espinar, Environmental Planning/Biologist –Collier Environmental Consultants, Inc. 2 Project Team 9.A.4.i Packet Pg. 948 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center 3 Project Location Map 9.A.4.i Packet Pg. 949 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center 4 Area Location Map Randall Curve MPUD and Immokalee Road/4th St. N.E. Mixed Use Subdistrict Estates Shopping Center CPUD and Estates Shopping Center Commercial Subdistrict 9.A.4.i Packet Pg. 950 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Future Land Use (FLU):Estates Shopping Center Subdistrict Existing Zoning:Estates Shopping Center CPUD Proposed Zoning:Estates Shopping Center CPUD Project Acreage:40.62+/-acres 5 Project Information 9.A.4.i Packet Pg. 951 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center •The Golden Gate Estates Area Master Plan amendment proposes to revise the Estates Shopping Center Subdistrict in order to modify the permitted land uses and operation standards within the Subdistrict and to revise the conceptual plan for the Subdistrict •Amend the CPUD in order to modify the permitted uses and master plan,by reducing the maximum square footage of general commercial uses from 150,000 square feet to 50,000 square feet,adding public and semi-public land uses that will include County owned public facilities,animal sanctuary and education center and related uses,and the potential to have residences.The master plan is being revised to accommodate the revised mix of land uses. •The proposed general commercial uses will be limited only to that portion of the CPUD that is located east of 1st Street N.W. 6 Proposed Request 9.A.4.i Packet Pg. 952 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center 7 Proposed Public Uses •Administration of urban planning and community and rural development (Group 9532) •Essential services •Essential service personnel housing (not to exceed 30 units,subject to development standards for RMF-6 Zoning District of the LDC) •General government services Groups 9111 –Executive offices 9121 –Legislative bodies 9131 –Executive and legislative offices combined 9199 –General government,not elsewhere classified 9229 –Public order and safety,not elsewhere classified 9311 –Public finance,taxation,and monetary policy •Multi-Family dwelling units (not to exceed a maximum of 30 units) •Land,mineral,wildlife,and forest conservation (Group 9512) •Libraries (Group 8231) •Parks and recreational uses •Sheriff’s office (Group 9221) •Single family dwelling units (per E,Estates Development Standards in the LDC,not to exceed a maximum of 4 units) •Veterans affair office (Group 9451) 9.A.4.i Packet Pg. 953 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center 8 Proposed Semi-Public Uses •Animal services center •Animal shelters (Group 0752) •Arboreta and botanical or zoological gardens (Group 8422) •Exhibition operation (Group 7999) •Noncommercial research organizations (Group 8733) •Single family dwelling units (per E,Estates Development Standards in the LDC,not to exceed 8 units.Existing residential lots may be replatted and reconfigured and any existing platted non-conforming lots may be replatted with the same non-conforming lot area.) •Veterinary clinic,services (Group 0742) •Wildlife refuge and sanctuary •Zoological attractions 9.A.4.i Packet Pg. 954 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center 9 Approved Subdistrict Conceptual Plan 9.A.4.i Packet Pg. 955 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center 10 Proposed Subdistrict Conceptual Plan 9.A.4.i Packet Pg. 956 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center 11 Approved CPUD Master Plan 9.A.4.i Packet Pg. 957 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center 12 Proposed CPUD Master Plan 9.A.4.i Packet Pg. 958 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center 13 Conclusion Documents and information can be found online: •Gradyminor.com/Planning •Collier County GMD Public Portal: cvportal.colliergov.net/cityviewweb Next Steps •Hearing sign(s) posted on property advertising Planning Commission (CCPC) and Board of County Commissioner (BCC) hearing dates. •CCPC –TBD •BCC -TBD Contact: •Q. Grady Minor & Associates, P.A.: Sharon Umpenhour, Senior Planning Technician; sumpenhour@gradyminor.com or 239.947.1144 extension 1249 •Collier County: PUDA -James Sabo, AICP, Principal Planner; James.sabo@colliercountyfl.gov or 239.252.2708 GMPA -Corby Schmidt, AICP, Principal Planner; Corby.Schmidt@colliercountyfl.gov or 239.252.2944 9.A.4.i Packet Pg. 959 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 1 of 21 Richard Yovanovich: You all, we’re gonna go ahead, and get started. My name is Rich Yovanovich, and I am the Attorney representing, Crown Management who is the current owner and developer of the neighbor – the Estates Shopping Center piece of property which is at the corner of Golden Gate Boulevard and Wilson Boulevard, and the purchase – the contract purchaser of the roughly 50-acre parcel of property that’s at the Randall – Northside of – of Immokalee Road at the Randall Curve piece of property that’s currently owned by the County. We’re here tonight to do, the County required neighborhood information meeting that is part of the process for doing a growth management plan amendment and for a rezone of a parcel of property. We are – we are in the process of amending the current Estates Shopping Center growth management plan subdistrict, and the, PUD, planned unit development zoning district that is on that piece of property. And we’ll go through in the details of what we’re doing there. Related to those two petitions is a growth management plan amendment for the 50 acres owned by the County. The parcel will be rezoned to planned unit development well. A condition of our acquiring the property is the successful rezone of the County property and the successful rezone of the property currently known as the Estates Shopping Center. Therefore, if we are unsuccessful either of those, basically, the land will stay as it is currently zoned, uh. As part of the neighborhood information meeting process, we are recording the – we record the meeting. We are having some Zoom participants. So, I – I – I tend to pace. So, if I am– Sharon will bring me back in front of this camera, so there’ll be Zoom participants. We’re gonna – we’re gonna go over both petitions, and then we’re gonna open up for questions or comments. When you do speak if you come up to the microphone so we can catch the recording. Also, you’re not required to, but the Planning Commissioners prefer if you would identify yourself for the record as you – you could be generic and say I’m a resident of Golden Gate Estates near the Estates Shopping Center or I’m a resident of Golden Gate Estates near the Randall Curve property if you don’t want to say your name. But they – they want to know who’s commenting and their relationship to the proposed project so they – they can better 9.A.4.i Packet Pg. 960 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 2 of 21 understand the context of people’s comments. We will try to always say for the record, Rich Yovanovich speaking, and Wayne Arnold will – will do the same for himself. Um, they just wanna know who’s talking so they – they can get a better, understanding. We have – sorry – I want to introduce our team, and then we have some County Representatives here. Actually, when I initially spoke, I’m technically the Trustee that owns the property. I don’t really own the property, but it’s titled in my name, uh. So, I’m – I’m the Applicant on all of these petitions, uh. I’m also the Land Use Attorney on this. Wayne Arnold with GradyMinor is our Professional Planner. His boss is Sharon. He’s been receiving all the correspondence with Sharon. If you have any questions, I’m sure your point of contact will be Sharon or Wayne. But if you have any questions after this meeting, you can contact either of them. Mark Minor’s not here, but he’s a Civil Engineer on the project. Jim Banks is our Transportation Consultant, and Marco Espinar is our Environmental Consultant. We didn’t bring Marco into this meeting because I don’t know that there are really any environmental issues related to either of the petitions. But if, you know, some questions come up, we’ll get back to you on any of those – those questions. As I have – this is – this is the roughly, 60 acres that’s the Estate – Sharon Umpenhour: Forty. Richard Yovanovich: Forty acres, sorry. The 40 acres that’s the Estates Shopping Center property at the corner of Wilson Boulevard and Golden Gate Boulevard, and the top portion is the yellow. That’s the roughly 50 acres that we have under contract with the County, uh. As I mentioned, they’re – they’re related petitions, and I’ve already forgotten to introduce Nancy Gundlach who is a Professional Planner on – which one are you? Which one’s yours, Nancy? Nancy: I’m on the Randall Curve. Richard Yovanovich: She’s – she’s the planner for the Randall Curve property, and James Sabo is on Estates Shopping Center, and I think participating by Zoom is Corby Schmitt. Is he on the Zoom? Female Speaker: Yes, yes. 9.A.4.i Packet Pg. 961 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 3 of 21 Wayne Arnold: And Anita Jenkins. Richard Yovanovich: He – he – who else? Anita Jenkins: And Anita Jenkins. Richard Yovanovich: And Anita Jenkins are both – they are – they are handling the growth management plan amendments, and Anita actually supervises both the, growth management plan staff which is Corby, and the planning staff which is, Nancy and James. If you have questions of any of the County Representatives, they’re – they’re – they’re readily available. You know, I’m sure they have business cards, and if they don’t, they’ll give you their email addresses. And you can, you can contact them with any – any questions you may have, uh. We’re pretty informal. Really what we wanna do is tell you what we have planned with the petitions and then we wanna get your input. We also have representatives from Shy Wolf, who is, gonna be involved in the Estates Shopping Center property. So, if questions come up regarding Shy Wolf, those questions can be answered. I’m gonna turn it over to Wayne to go over the two petitions, and then we’ll answer any questions you may have. Wayne Arnold: Thank you, Rich. So, sure. Thank you. I’m Wayne Arnold as Rich said and here representing both petitions, and there are a total of four. They’re, growth management plan amendment and a rezoning application – Wayne: – for both applications on both sides. So, what we’re gonna do is go through as Rich said both applications together, and then we’ll take questions. We just thought it’d be more efficient than to break and have questions and answers on one and then the other. So, hope you indulge us if you’re here for one or the other as you’re gonna hear a little bit about both because as Rich mentioned they are related. So, the property for the Estates Shopping Center which I’ll go through first is zoned planned unit development. We’re amending that planned unit development. It’s also part of the Estates Shopping Center subdistrict which is growth management category. We’re amending that as well. And it’s – the – the easiest way to summarize our changes is that we are – it’s not – we are –essentially the Estates Shopping Center was approved for 150,000 square feet of 9.A.4.i Packet Pg. 962 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 4 of 21 commercial uses. It also required the first commercial use was going to be the grocery store. We are amending that request to reduce the commercial square footage to 50,000 square feet of general commercial type uses, and then we’re also making provisions for government uses. A whole series of those governmental uses because Collier County will end up with a – a nominal, 10-acre parcel out of the 40-acre piece. And then we’ve made provisions for Shy Wolf and its educational programming and then sanctuary use to be on the Western-most parcel. So, we’ve had to amend the growth management plan language to accommodate those changes as well as our zoning, which lists a very detailed, uses. So, a couple things, we’ve created two new districts out of here, the commercial district is pretty self-evident. It’s going to be right at the hard corner of Wilson and Golden Gate. But the Shy Wolf sanctuary parcel that we’re calling it, we’re calling it a semi-public use. And we’re going back and forth with staff so we may change that terminology, but it allows things like we’ve talked about, animal shelters, arboreta, exhibitions, their educational facilities. We’ve made provisions for them to have single-family residential and dormitory use because they are an educational facility, and they’re incorporation with Florida Gulf Coast or other universities that come and do some research on the animals. So, there will be provisions made for that residential component, that will probably initially utilize the single-family structures on the site for office space and some of the other uses that they have that eventually those, um, would be significantly modified, and they have a true education center established, and – and other structures. But for now, we’ve made provisions for them to have up to eight dwelling units on that property. The County’s parcel which will be the – [inaudible] [00:09:12]. Sorry about that, folks. It’s a little slow, but the County’s public uses, and I know there’s information circulating out there in the Estates about this. So, in the – the growth management plan, then we’ve made a provision for a total of 50 dwelling units. We haven’t been specific as to whether or not those are single-family or multi-family. The County asked us to make provisions for up to 30 units on the 10-acre parcel that they’re obtaining as part of this deal. So, in addition to all the administrative, governmental type facilities 9.A.4.i Packet Pg. 963 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 5 of 21 that we’ve listed here by standard industrial classification codes, we’ve also made provisions for there to be up to 30 multi-family units. The reality is because we have well and septic here, I don’t think it’s realistic that the County’s going to achieve 30 multi-family units on this parcel. We were asked to accommodate that as part of the request; so, we have. I know that that’s been some discussion out there about that, and we’ll be happy to hear those comments. But, again, we’ve also made provisions for single-family on the same parcel because should this deal not go forward, Crown Management that would control it, would then have the option to continue to do single-family that’s permitted by right today. So, it says in our language that the single-family would be subject to the state’s zoning district standards. So, you get what you could have today. So, the master plan that was approved as part of this growth management plan is the exhibit that’s on the screen. It identified all – a large development area and then areas for utility plant site as well as some lights and buffers. So, we are modifying that. The new subdistrict is, generic. This would be an exhibit to the growth management plan which you can see that we have three separate parcels identified as commercial, public, and semi-public. We depict the access points that we’re providing for the project on the master plan as well. The zoning master plan is a little bit more detailed than we showed on the growth management plan exhibit. This again is being modified to take out some of the detail in the footprints that were shown as future buildings on there. It’s going to be revised to be a little bit more generic, but again, the preserve buffer areas get depicted on here. The access aspects are depicted. And again, we’ve identified which parcels would be used for public, semi-public, or the commercial uses that are going to be retained. So, where we are in the process, we submitted a few months ago. We’ve been through a couple rounds of reviews. We’re – we’re required to hold this neighborhood information meeting prior to going to public hearings. So, we don’t have public hearings scheduled yet. But what will happen in this process, it’s a two-step process; we’ll have a transmittal process with the growth management plan assuming that the Board endorses it. They will take both of these, and they’ll say, “We’re ready to transmit the proposed changes.” 9.A.4.i Packet Pg. 964 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 6 of 21 They’ll go to the Department of Economic Opportunity, DEO at the State of Florida. The state gets 30 days to review those changes to determine if there are any state impacts or regional impacts, doubtful that they will weigh in on this, but it’s a part of the process we have to go through. And then after that process, we would then come back in the PUD document, the zoning document would come together with the comp plan amendment. And the Planning Commission would again hear it together, and then that would then be heard by the Board of County Commissioners for final action. And our goal here is that all four of these applications will come together and be heard at the same Planning Commission and Board of County Commissioner meeting since they’re interrelated. We think it makes more sense to be able to tell the whole story and deal with them in one – one time. So, that’s our goal. We don’t have hearing dates established yet, but our goal is to be through the process by June of 2021 which gets us there by – the Board takes a summer recess in July and August. So, our goal is to be completed in this process in June, no later than just next year. So, we think that’s a doable process although we don’t have hearing dates scheduled yet. The round of comments we got from staff were down to some fairly, I think, minor issues that are pretty easy to deal with. So, in a nutshell, that’s – that’s what we’re hoping to achieve, and with that, I’m gonna wrap up this presentation. And, Sharon, if you can bring up the Randall Curve as we’re calling it? It’s really the County’s property that’s at the corner of Randall/4th Street Northeast and Immokalee Road. So, I’m gonna spend a few minutes talking about that process as well. Again, it’s the same team so I’m not gonna through that information. Again, the location at – it’s – everybody calls this the Randall Curve property that’s been around a long time, so. We actually have a Randall Curve PUD that’s part of the process, but our subdistrict for the comp plans that – for the mockup of 4th Street – 4th East subdistrict. Again, this property today is zoned the Estates. It does not have zoning on it that would allow the mixed-use project we’re proposing. It’s also part of the rural Golden Gate Estates. Comp plan does not make provisions for this to be a commercial mixed-use project that we’re proposing. So, we’ve submitted, a new subdistrict that makes provisions for there to be up to 400 residential units on this property 9.A.4.i Packet Pg. 965 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 7 of 21 as well as 150,000 square feet of commercial uses. I’m gonna show you the proposed master plan for the Randall – Sharon Umpenhour: Go back, go back one. There you go. Wayne: – though this is the language that talks about our request. And a couple significant things I’ll talk about is that we’ve made provisions for a large variety of retail uses. I know that there have been several discussions with members of the Estates Civic Association and other, community residents that have talked about the need for services out in this part of the community. So, we’ve made a very broad list of uses that largely are C-4 type uses I would say of the maximum intensity. There could be a couple of others depending on how the County categorizes those that would be C-5 because we’ve made provisions for there to be potential large format retailer or big box store whether that could be a Lowe’s, a Home Depot, a Costco. We’ve made provisions for all of those as part of our request. It doesn’t mean that those are going to be necessarily located there, but we’ve made provisions for them. We also have provisions there for the other types of uses we know people desire which are restaurants and offices and dental offices and things of that nature. So, I would, you know, just to – to know that this is a mixed-use project, Sharon’s there’s something on my screen. It’s – it’s some sort of system update. I don’t know how to remove that. Let’s take a pause for a moment. Thank you. So, this is a proposed master plan that we’ve created for what’s called the Randall Curve PUD. It’s the – this makes use, we have designated areas that are preserve, residential and commercial. C stands for commercial; the R is for residential. Preserve is labeled as such. It is conceptual, but it identifies two primary access aspects on Immokalee Road. We also have a shared access point with the properties to the North that’s going through a similar process that we’re in today. They’re a little bit ahead of us. They’ve had their transmittal of the comp plan portion of their property to the State of Florida. So, we’re – we’re on track to being a couple months behind them. But the residential is sorta central to the site. We have our preserve area that separates us from the 4th Street residential. We have water management system that we have, and we’ve proposed no vehicular 9.A.4.i Packet Pg. 966 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 8 of 21 access to 4th Street Northeast. We would obviously make provisions for pedestrians and bicyclists to enter the site, but we prohibited vehicular traffic from accessing 4th. And we know that was an issue early on. When the County was looking at developing this themselves and we’ve heard that that’s an issue, and we were asked on the property to the North also to remove any access to 4th Street which they have done as well. But you can see on this particular property that the uniqueness of this is when you go out there today, the – at the hard corner of 4th and Immokalee Road, that area’s all the dry detention system for the County that was put in to satisfy the Immokalee Road widening project. So, that parcel is part of the acquisition. We have to take into consideration all of the drainage. So, we are going to have a larger system of either lake or dry detention to accommodate their five acres that they need today as well as the future improvements that they’re planning to make on Randall Boulevard. We have to accommodate some of the additional drainage for them as well in addition to our drainage. So, that’s been one of the unique challenges here, but nonetheless, we’ve accommodated. We can work around that, and we think this could be a very good, viable project. So, again, if we’re in the same process that I just described for you for the other Estates property which was we’re going to have the comp plan transmittal process. We going to have a PUD adoption at the same time that the comp plan would be adopted. And as Rich said, these are kinda bundle projects. One doesn’t happen without the other with the way that this has been structured. Again, no hearing dates have been established, but we are working toward that same June deadline I just described. And hopefully, we can, be there, and like I said before, we’re gonna take questions tonight. If you think of something after we leave here tonight, you’d like to communicate, Sharon has some cards at the back table. It’s easier to email or call her for information. We’re happy to share the presentation tonight with anybody who desires it. All the information’s available on the County’s website through CityView, or if you don’t feel comfortable using that system, Sharon would be more than happy to provide any of the comp plan information as public record or any of the zoning information to you as well. 9.A.4.i Packet Pg. 967 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 9 of 21 So, Rich, I don’t know if I left anything out, but I’m – I’m happy to answer questions. I will say one thing that one of the changes we did make on Estates that I failed to mention, we did even though we reduced the intensity of commercial from 150,000 – 50,000 square feet, we did add back end-use that we didn’t have previously, and those were medical offices. We made provisions for medical offices and veterinary clinics that were something that was, desired by some folks who’ve been interested in the Estates. So, we’ve added those uses, and we think they’re pretty benign uses overall and probably things that anybody who lives in that part of the community would probably utilize. So, with that, I’m gonna stop, and we’re gonna – do you wanna take the Zoom callers first, Rich? Richard Yovanovich: Let’s take people that are here first, and then, yeah. Wayne: Do the audience, okay, so, anybody who’d like to speak as Rich mentioned, you don’t have to give us your name if you don’t feel comfortable, but the Planning Commission wants to know if you’re part of our team’s feed or if you’re a resident. So, if you feel comfortable saying you’re a resident that way at least when the transcript gets created, they realize it’s not Wayne or Rich or Sharon or Jim talking, so. Anybody with questions, please, feel free to come up and use the microphone. We can sanitize it between its use, and –yes, ma’am. Come on up. Phyllis: Phyllis Lit – Phyllis Litka, the 2nd Street Northeast, um, all of this involves even though I live out that way on part of the curve, um, I’d like to know, the low-income housing that you wanna put in on 10 acres, that’s like four of my neighbors, how are you going to put 30 units? And when you say low-income, what are we talking? Wayne: Well, that – the low-income reference is not a term we use. Our language says essential service personnel that’s actually in the document, and – Phyllis: Okay, on – on my form, that’s what it says [inaudible] [00:21:23]. Wayne: – and I – I don’t know that that’s our letter that said affordable housing. Richard Yovanovich: Can I see that? Do you mind? 9.A.4.i Packet Pg. 968 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 10 of 21 Phyllis: Sure, yeah, absolutely. Wayne: Our language says essential service personnel, and that’s a term that the County’s recently started using to refer to first responders, teachers, nurses, county employees, people like that, who are essential service personnel in our community that seem to be priced out – out of the housing market. Phyllis: Yeah, I can understand that. Wayne: As I mentioned before, the 30 units is the number that the County asked us to provide. If it’s going to be multi-family housing, I – our – our opinion is just doesn’t work because of the septic system requirements. Phyllis: Right. Wayne: So, I don’t know that the County realistically is going to achieve 30 of those units in the – in the configuration of multi-family, but again, Rich, I don’t know you wanna add any more. But we were asked to include it; so, we did. Richard Yovanovich: Yeah. I – a – as part of this process, obviously – yeah, you can sit right there. I’m sorry. As – as part of this process, obviously, we – we had to coordinate with the County because they’re getting the 10 acres, and we – we basically said, “What would you like us to include on your property?” So, the County gave us their list of requested uses. I have been doing this for a while so I kinda figured when the County said they wanted to put 30 units on a 10-acre piece of property that basically can have four under the current state zoning, I thought that was, gonna meet some resistance from the residents of the Estates. And I said, “I’m happy to include it, but you need to be at the neighborhood information meeting to defend it.” And, I don’t think there’s anybody here from the County to address that. I don’t think Nancy or James are – are – are – they were not the people I spoke to, uh. So, the – the – Wayne is correct. What you received, eh – we are not proposing low-income housing. I don’t know who sent that out. We are – we are proposing essential service personnel – the 9.A.4.i Packet Pg. 969 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 11 of 21 County’s proposing essential service personnel housing, which is exactly what Wayne says, firefighters, teachers. But the number of units and the request for that use came from Collier County, uh. I think Commissioner McDaniels was on his way to this meeting. I just texted him to find out where he is, but he’s – he is on his way. If he doesn’t make it here before we get gone, I’m sure he’ll read the record. But I – I think there’s others here who also, have concerns about that use. So, we will obviously communicate that to County staff and, will follow their direction whether to remove that, um, request or not. But obviously, I know that’s – I knew that was gonna be an issue before I even submitted the document, so, with any more questions? Wayne: This is Wayne. Can I just read you the language that’s actually in the PUD document under public use? It says, “Essential service personnel housing not to exceed 30 units subject to develop standards for RM-6 zoning which would be the land development code.” So, that is what’s in the actual document. There’s also a provision for there to be multi-family units which was meant to implement that essential service personnel housing. But there are as Rich mentioned, there’s also a provision in there for single-family homes which is what could be there on that [inaudible – crosstalk] [00:24:53]. Richard Yovanovich: Right, and – and Tim’s okay. Tim and I had a conversation about this very issue twice, and – and I told him the reason we put single- family houses in there is if for some reason Shy Wolf does not close on their piece of property or the County decides they wanna develop it as the common state lots, we just wanted that as – as – as also an option. So, I mean, that clearly Tim would have an issue with that. I hope nobody else has an issue with that piece. Wayne: Thank you, any other comments, or questions? Tim: Tim Wallen, 111, 3rd Street Northwest, uh. We’re adjacent to the 40-acre, uh. As you guys know, we’ve been involved with this for 12 years now. So, when we started talking with Bob and, Shy Wolf and about the swap of the property, it seemed like, it was something real good for everybody in the community, for both sides, um. Again, the multi-unit, it would have to be low-income because they’re gonna be like 200 square feet if they put ‘em there. Um, you know, when we first started doing this, we discussed 9.A.4.i Packet Pg. 970 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 12 of 21 services from the County whether it be post office, police substation, some, you know, tag agency. I know it’s right across the street right now or some sorta County presence that – that’s needed out here, not housing. Housing just seems really stupid. The intersection is already stressed. Anybody that comes from the East traveling West to go there in the – to go to work in the morning, it – it’s already a nightmare trying to get through Wilson Boulevard. To put all those cars and all that right there is a huge problem, again, septic and water. I think everyone else is – everybody’s probably pretty comfortable with, but, you know, for the record, the – the multi – the multi-housing is – is – is definitely a – a killer. Male Speaker: Okay. Male Speaker: You know, it’s if – so I can just put it on the record, can I just get a show of hands how many people are opposed to putting that multi- family on that piece of property. Male Speaker: So, I’m just gonna count the number of – one, two, three – Female Speaker: All of us. Female Speaker: Eleven. Female Speaker: So, [inaudible – crosstalk]. Male Speaker: So, I would say, if there’s 11 – there’s 11 people present, and I think every one of them are not related to our team or Shy Wolf. So, I would say that pretty much everybody, is opposed to that. I just wanna – I just wanna put that on the record. So, both whoever reads the transcript knows so you all don’t have to come up and repeat yourselves. Or you’re welcome to come up anytime you want, but I just wanted to save some people some effort. Any other questions, comments before we go to people on Zoom? Jeff Curl: Yeah, for the record, Jeff Curl, um. I live actually off Desoto, but I do traverse Wilson and Golden Gate Boulevard quite a bit. I’m just wondering if the County has any intentions of doing rotaries at Wilson/Golden Gate Boulevard. That seems to be there brand-new, um, FDOT experiment and then how you guys would see traffic West of this intersection, and this 9.A.4.i Packet Pg. 971 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 13 of 21 may be more of a Jim question with maybe left turns, right turns coming out, signals expansions, turn lanes, and maybe a U-turn or two through the median. Um, I’m assuming you – you’re gonna remember from your time out there, too, Jim, um, that to the previous gentleman’s point that traffic through there at rush hour’s an absolute nightmare. Jim Banks: Yeah, right now, the only traffic signal’s – Jim: Well, my bill is still extra, but okay. Jeff: You didn’t sanitize this [inaudible – crosstalk] [00:29:06]. Jim: Maybe I can step way back here. Jeff: I’m gonna get the COVID. Jim: so, anyhow, to answer Jeff’s question, you know, obviously, the intersection at Wilson and Golden Gate is currently signalized – Jeff: Right. Jim: – there’s not enough separation between the E-western-most boundary of the property which is on 3rd Street to have a traffic light at that location. So, we will not have another traffic light service development, but that is one of the reasons that the commercial is in the corner of that – of that intersection now. And the lower intense uses are further to the West which will – it’s our interpretation will not warrant a traffic signal, at those – at those intersections. But, yes, when we’re going to the site development phase, we’re gonna have to look at extending some of those left-turn lanes to provide for U-turns and that type of thing, mostly for the commercial uses. So, there will be some upgrades there in that general vicinity to accommodate additional turning moves they’re gonna – but I do wanna point out that what is being proposed today is actually gonna generate substantially less traffic than what was previously approved. So, with this application, traffic demands from this 40 acres is going to be substantially reduced versus if it’s developed then with the 150,000. Jeff: So, this is gonna dovetail into our previous – 9.A.4.i Packet Pg. 972 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 14 of 21 Sharon: Can you guys hold on a second? Um, Jeremy, the Zoom participants aren’t able to hear Jim. [Crosstalk] Jim: Okay. Sharon: Go ahead. Jeff: So, that also brings back to your point about multi-family and increasing the density at that site with residential, I think that’d be another, you know, point raised when we [inaudible – crosstalk] [00:30:51]. Jim: Well, I – I would submit to you that I don’t think all the – all the uses that are being proposed could all fit on the 40 acres so some things gotta give. Jeff: Yeah, and I think I’m honed in on that essential service kind of the boondoggle that we keep talking about here tonight, um. Jeff: No, I just – the County’s trending, eh – again, FDOT getting a pave- type deal with rotaries and things like that to – to push traffic through quickly, you’re talking about two lights that are fairly close together, um. And so, yeah, perhaps they’re gonna keep that sequencing with each directional rush hour push, morning and at night, but, uh. I didn’t know if there were any preliminary discussions. Jim: As far as I know, they’ve got no plans to put a traffic circle there at that intersection. I don’t even think they have the right of way to do it, um. Jeff: I wouldn’t think with E’s there on the corner either, but. Jim: Right, so, but not – my interpretation is we will not see a round- about at that intersection. Jeff: Okay. All right, thank you, gentlemen. Male Speaker: Thank you, Jeff. Wayne: So, I guess without moving – 9.A.4.i Packet Pg. 973 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 15 of 21 Rich: Anybody else here that wants – yes, sir, come on up. Female Speaker: Wayne? Wayne: Yeah, I have sanitized the microphone [inaudible] getting COVID. Sharon: Sorry. I’ve already had it, so I don’t have to worry about it. [Crosstalk] Dave: My name is, Dave Meffin, um, 127th Street Northwest, and, so, even though it’s not right next to my neighborhood, it’s pretty close. And, I just, you know, I – I agree with this gentleman down here, but, um. I just wanna know anybody in our neighborhood who would be in favor of that. I mean, if you can find 10 people, I’d be happy. Wayne: You’re speaking about this essential service housing? Dave: Yes. Wayne: Okay. I – I think as Rich said, the show of hands was pretty unanimous that, those in attendance certainly aren’t supportive – Dave: I mean, if we had more time, and we could, you know, word of mouth a little more, we could get a thousand people in here; a thousand hands would be up, so. Wayne: Well, I – I have a little experience on this use of property, and I know you can get a lot of people out, right, sir? So, I – we – you know, we understand that will communicate to the County the, uh – the, unanimous opposition for those who are here to – including that multi-family housing, and I’m sure from watching James write that down right now, so. I’m sure that will be communicated to the powers that be, the County. Anybody else, anybody else here who wants to come up and speak before we go to those on Zoom? Laura: Hi, my name is Laura, and I’m a resident of the Estates. And, okay, that 10 acres, I’m like, “Why not make it a park? Why not make it something fun? And if you need to add a post office to it, you know, 10 acres is a good size, but we don’t really have enough free area out on the Estates for, you know, like kids’ playgrounds, stuff like that. They have plenty of it in the city. And so, I’m like, “Forget about that. Put it on that little 4th Street there. Well, we don’t wanna it there either, so, the essential service.” So, I’m just wanna make 9.A.4.i Packet Pg. 974 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 16 of 21 sure that my vote is no, and I’m just emphasizing that. Wayne: Okay, and just for you know to ma’am, this is Wayne Arnold for the record, but we include parks as one of the uses for the County parcel. It’s just – Laura: Okay. Oh – so, who decides once – Wayne: The County Commission ultimately will decide what use it would be there, but I think it’s pretty clear tonight the direction it’s headed with regard to the housing. Laura: Okay, thank you. Wayne: Thank you. Richard Yovanovich: I wanted to make two points, one, Commissioner McDaniels just entered the room, uh. Comm’r McDaniels: How’s everybody doing? Richard Yovanovich: And, just to recap, um, everybody in this room is opposed to essential service personnel housing, that 30 units on the County’s parcel in the Estates. Male Speaker: At Wilson – at Wilson and the Boulevard? Richard Yovanovich: Yes, yes, yes. Comm’r McDaniels: So, noted. Richard Yovanovich: I just want – wanted to make sure you’re aware of that. Female Speaker: We raised our hands. Richard Yovanovich: And – and it just – and it just – just kinda going back a little bit of history, you know, on the Estates Shopping Center parcel, that – that – the hard corner piece set between 1st and – and Wilson was formally a neighborhood center where commercial was supposed to go in the first place. So, we’re kinda going back to pretty much the original plan of – of Golden Gate Estates, by going through this process. And with that, any more questions or comments before we go to Zoom, participants? 9.A.4.i Packet Pg. 975 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 17 of 21 Wayne: Okay, going to Zoom, Sharon, you wanna go ahead and call names and see if we have any questions on Zoom if they raised their hand? Sharon: Um, if they speak, they can raise their hand; I can unmute them. Wayne: If you have a question or comment you’d like to make and you’re on Zoom, if you’d raise your hand if you – if you know how to hit that icon, and then Sharon will unmute. And we will be happy to let the rest of the crowd hear what you have to say. Richard Yovanovich: All right. How many – how many Zoom participants? Wayne: The question is how many Zoom participants do we have? Sharon Umpenhour: Fourteen but two are County staff, um. Wayne: So, we have 14 total Zoom participants and two of which are County. Richard Yovanovich: Anybody raising their hand? Sharon Umpenhour: No, but if you wanna ask them if they just – if someone wants to ask a question to unmute and ask a question. Wayne: Okay, so – so if you have a question, do – can you unmute, and then we’ll know that you do have a question? Sharon Umpenhour: It doesn’t look like anyone has a question. Wayne: I – I don’t – I don’t see anybody raising their hand or unmuting. So, I take it that none of our Zoom participants at this moment have question or comment, so. Anybody else in the room, Mr. Wallen, do you have a question? Richard Yovanovich: Wayne? Wayne, do you wanna, see if everybody on the Zoom call is opposed to the 30 units as well? Is there a way to find that out? Sharon Umpenhour: Oh, Scott Baxter has his hand raised. Wayne: We have, Scott Baxter, you have your hand raised. Do you wanna unmute and ask your question or make your comment? Scott, I’m not hearing ya. It looks like you’re still muted on our end. Sharon Umpenhour: You still – you have to unmute, Scott. There you go. 9.A.4.i Packet Pg. 976 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 18 of 21 Wayne: There you are. Scott Baxter: – unmute, I’m not sure if it’s working or not. Wayne: We hear ya. Scott: Okay. Um, I’m trying to – you know, you’re talking about putting 30 units on 10 acres. So, to be generous, we’re only gonna have three units per acre because then there will be no streets, no buffers, no sidewalks. Everybody that’s [inaudible] [00:37:47]. However, this property was promised as a park. Is that not in here? Male Speaker: It is not a park. Wayne: Today it is not a park. It is zoned for a commercial shopping center. Scott: I understand that. Is the property staying – I thought this property was promised to us as a park. Wayne: It – it – I’ll let Rich address that for you. Richard Yovanovich: Yeah. For the record, Rich Yovanovich, actually, what – what the property exchange agreement says is we would give the County the 10 acres. The County would then decide what it wanted to put on the property, and obviously, a park is an option and other government services is an option. To the list, the uses we got for this 10 acres came from Collier County. And this – the purpose of this meeting is for the community who – to give their input back to all of us about what we’re asking for as part of this PUD. And I assume you’re like the other members that are present that you oppose the multi-family option on that 10- acre piece. Is that correct? Wayne: Scott? Richard Yovanovich: Scott, can you – move? Scott: [Audio cuts out] [00:39:05] – Male Speaker: Broke up. Male Speaker: Breaking up. 9.A.4.i Packet Pg. 977 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 19 of 21 [Crosstalk] Female Speaker: He said he’s opposed. Richard Yovanovich: Okay. Wayne: Scott? Any other comments, Scott, or should we – anybody else on Zoom? Male Speaker: Yes, an upgraded Wi-Fi. [Crosstalk] Wayne: try again one more time. You’re still a little muddled. Anybody remember when you had antennas on your TV, and you had to smack it or stand like this? [Crosstalk] Is there anybody else on – on Zoom that – that wants to, um, speak? Sharon Umpenhour: Maggie Kemp. Richard Yovanovich: Maggie Kemp, it looks like. Wayne: Maggie Kemp, you’re up. Maggie Kemp: Hi, I just wanted to also voice my opposition to putting in low- income housing on such a small space, seems like the County seems to be forgetting about the residents and the impact on the residents that are around these projects. Wayne: Okay, thank you. Anybody else wanna make any comments on Zoom? Richard Yovanovich: Susan Risner – Rissen. Wayne: Susan, you’re up, Ruse – Rusing. Am I close? Sharon: No, she’s not on. Richard Yovanovich: She’s unmuted. 9.A.4.i Packet Pg. 978 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 20 of 21 Wayne: She unmuted. I just didn’t know if she wanted to speak or not. Sharon: She’s not got audio. Rich: Okay. Wayne: Oh, okay. anybody else on Zoom? Okay, one more go-round in here, anybody else wanna say anything? Phyllis: It’s me again, Phyllis Litka, question on the Curve. The 400 units, are those houses, or are those apartments? Wayne: They – they – they will be – we make – we’d make provisions for both, but it – it’ll be a multi-family, more likely a multi-family product. Phyllis: Okay. Wayne: It could be condos. It could be apartments. We – we don’t have that final decision yet. Phyllis: Okay. And when – next question, you said something about 4th ‘cause I live on 2nd, so, yeah, it’s the next street. So, 4th, they will not be able to come through 4th where they were gonna make that street, you know, behind all of, um, the storefronts? Richard Yovanovich: The, yeah, for the record, Rich Yovanovich, we – we – we – in the Curve property, the 50 acres were talking about tonight, there is absolutely no access on 4th other than we will make provisions for bicyclists or pedestrians that are coming up and down 4th but no cars will have access. Phyllis: Well, one of the other meetings that I was going to – had gone to, they were going to make a road. Yeah, mm-hmm, mm-hmm. Richard Yovanovich: And that – that was I think Wayne was involved in that one. It was the property to the North, um. Wayne: No – they no longer have access. That project removed their – any access and it’s prohibiting to have access to 4th. Phyllis: Oh, thank you. Okay, that’s why you should go to meetings. Wayne: We appreciate you coming. 9.A.4.i Packet Pg. 979 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 21 of 21 Richard Yovanovich: Anybody else? Tim: I – I was just gonna – I was just curious who the two County people were. Wayne: Mr. Wallen, Tim, why don’t you come forward? Sharon: You need to speak into the microphone, please. Richard Yovanovich: I’ll say it for you. Mr. Wallen wanted to know who the two County people were on the phone, and it was – I think I said it earlier, Anita Jenkins who is, Zoning Director, and, Corby Schnitt who is the Growth Management Reviewer – Plan Reviewer for this project. Those are the two County. Yes? Sharon: Actually, it’s Michelle Mosca for Anita. Richard Yovanovich: Okay, well, Michelle Mosca who, also is in Growth Management is sitting in for Anita Jenkins, and, she’s been with the County for quite a while and is familiar with the comprehension plan. Anybody else? All right, well, we thank you for coming and I hope everybody enjoys their holiday season and stay safe. Thank you. [End of Audio] Duration: 44 minutes 9.A.4.i Packet Pg. 980 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 981 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.iPacket Pg. 982Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 983 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 984 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 9.A.4.i Packet Pg. 985 Attachment: 09_Backup Material (20077 : PL20190002353 - Estates Shopping Center Subdistrict) August 17, 2021 9.A.4.j Packet Pg. 986 Attachment: 10_CCPC-BCC Hybrid Meeting Waiver (20077 : PL20190002353 - Estates Shopping Center Subdistrict) From: MedinaJosephine Sent: Tuesday, September 21, 2021 9:58 AM To: LauraDeJohnVEN Subject: Estates Shopping Center Public phone call Laura, Spoke with Mr. Rutledge via telephone the evening of 09.20.2021 and asked me to provide his information as being in favor of this petition. William Rutledge 571 7th Street SW Naples, FL 34117 239-272-1613 Respectfully, Josephine Medina Principal Planner Zoning Division 2800 N. Horseshoe Dr. Naples, FL 34104 Office: (239) 252-2306 Josephine.Medina@colliercountyfl.gov 9.A.4.k Packet Pg. 987 Attachment: 11_Correspondence CCPC Adoption Hearing (20077 : PL20190002353 - Estates Shopping Center Subdistrict) 10/07/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.5 Item Summary: PL20190002354 - Estates Shopping Center PUDA - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2011-30, The Estates Shopping Center Commercial Planned Unit Development (CPUD), as amended, by adding commercial, public, civic and institutional uses; add up to 12 residential dwelling units; reducing commercial square footage from 150,000 to 50,000 excluding some uses from the maximum square footage limitation; adding dormitories as an accessory use on Tract C; removing outdoor music prohibition; removing single commercial use and building size limitations; reducing setbacks and landscape buffer widths; removing phasing and developer commitments; and providing an effective date. The subject property is 41± acres and located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard, in Section 4, Township 49 South, Range 27 East, Collier County, Florida. (Companion to GMPA-PL20190002353) [Coordinator: Ray Bellows, Zoning Manager] Meeting Date: 10/07/2021 Prepared by: Title: – Zoning Name: Laura DeJohn 09/17/2021 9:48 AM Submitted by: Title: – Zoning Name: Mike Bosi 09/17/2021 9:48 AM Approved By: Review: Planning Commission Diane Lynch Review item Completed 09/21/2021 5:04 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 09/22/2021 12:47 PM Zoning Ray Bellows Additional Reviewer Completed 09/22/2021 2:08 PM Zoning Mike Bosi Zoning Director Review Completed 09/22/2021 3:31 PM Growth Management Department James C French GMD Deputy Dept Head Completed 09/22/2021 10:09 PM Planning Commission Edwin Fryer Meeting Pending 10/07/2021 9:00 AM 9.A.5 Packet Pg. 988 PL20190002354; Estates Shopping Center PUDA Page 1 of 20 September 21, 2021 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 7, 2021 SUBJECT: PUDA-PL20190002354 ESTATES SHOPPING CENTER CPUD COMPANION TO GMPA-PL20190002353 GROWTH MANAGEMENT PLAN AMENDMENT & ASW-PL20210001723 AUTO SERVICE STATION WAIVER PROPERTY OWNER/AGENT: Owner: See Attachment B For List of Owners Applicant: Agent: Richard D. Yovanovich as Successor D. Wayne Arnold, AICP Trustee of Land Trust 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Q.Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 11-30, the Estates Shopping Center Planned Unit Development (CPUD), as amended, by adding commercial, public, civic and institutional uses; adding up to 12 dwelling units; reducing commercial square footage from 150,000 to 50,000 excluding some uses from the maximum square footage limitation; adding dormitories as an accessory use on Tract C; removing outdoor music prohibition; removing single commercial use and building size limitations; reducing setbacks and landscape buffer widths; and removing phasing and developer commitments. GEOGRAPHIC LOCATION: The subject property consists of sixteen parcels totaling 40.62± acres located in the Rural Golden Gate Estates area along Golden Gate Boulevard West, bounded by Wilson Boulevard North to the east and 3rd Street NW to the west in Section 4, Township 49 South, Range 27 East, Collier County, Florida. (see location map, page 2). 9.A.5.a Packet Pg. 989 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 2 of 20 September 21, 2021 9.A.5.aPacket Pg. 990Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping PL20190002354; Estates Shopping Center PUDA Page 3 of 20 September 21, 2021 PURPOSE/DESCRIPTION OF PROJECT: The subject site is zoned Estates Shopping Center CPUD with Wellfield Risk Management Special Treatment Overlay Zones ST/W-1 through ST/W-3. The CPUD was originally approved by Ordinance 11-30 consistent with a corresponding change of the subject property on the Golden Gate Area Master Plan Future Land Use Map from Neighborhood Center and Residential Estates Subdistricts to the Estates Shopping Center Subdistrict. The current CPUD allows for up to 150,000 square feet of uses generally consistent with those allowed in the C-1 through C-3 conventional commercial zoning districts. As shown on the following page, a detailed PUD Master Plan was approved depicting a shopping center with grocery store and outparcels on the western two-thirds of the site between 3rd Street NW and 1st Street NW, and a commercial strip center with outparcels on the eastern third of the site at the corner of Wilson and Golden Gate Boulevards. Lakes and preserve areas were shown on the master plan providing buffering to the Estates residential properties to the west and to the north. The proposed PUD Amendment is a companion item to two other petitions: Growth Management Plan Amendment (PL20190002353) considered by the CCPC and BCC, and Auto Service Station Waiver PL20210001723 considered by the Board of Zoning Appeals (BZA) to allow a facility with fuel pumps within 500 feet of an existing facility with fuel pumps. The PUD Amendment re-defines the allowable uses and modifies the PUD Master Plan (shown on the following page) as follows: •add zoological attraction and animal services and related facilities on the west side of the site intended for the Shy Wolf Sanctuary (proposed Tract C) •add government facility uses in the center of the site west of 1st Street NW intended for Collier County government (proposed Tract B) •concentrate commercial uses not to exceed 50,000 square feet on the eastern side of the site at the at the corner of Wilson and Golden Gate Boulevards, with the convenience store with fuel pumps proposed at the southeast corner of the site (proposed Tract A) The request also includes an allowance for up to 12 single family homes to be retained/constructed per Estates (E) development standards on Tracts C & B if those tracts are not developed as a zoological attraction or as government facilities respectively. The request is for a reduction from 150,000 to 50,000 square feet of commercial uses, however this floor area limit is proposed to exclude: governmental facilities, animal shelters, animal service centers, wildlife refuges and sanctuaries, zoological attractions, veterinary services, or their accessory uses which may be dormitories, gift shops, storage and maintenance buildings, and similar support facilities. The Traffic Impact Statement associated with this request assumed 50,000 square feet of government offices and 30 dormitories associated with the Shy Wolf Sanctuary and concludes a maximum of 550 PM peak hour two-way trips shall apply to the CPUD, as indicated in Transportation Commitment A.5 of Exhibit E of the draft Ordinance. Staff notes that the trip cap is based on the currently allowed 150,000 square feet of commercial use. The proposed PUD Master Plan depicts 4.17 acres of native vegetation preserve area along the northern boundary of the site adjacent to Estates/residential properties; 4.21 acres of preserve area are on the currently approved plan. An existing County well is indicated on the PUD Master Plan near the northeast corner of the site. This public water well has an associated Wellfield Protection Zone extending across the property, 9.A.5.a Packet Pg. 991 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 4 of 20 September 21, 2021 with the most protective zone (ST/W-1) on the eastern half of the PUD, and zones ST/W-2 and ST/W-3 across the western half of the PUD. Adopted CPUD Master Plan (red lines indicate this plan is to be replaced) Proposed Master Plan 9.A.5.a Packet Pg. 992 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 5 of 20 September 21, 2021 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 site, which is zoned Estates Shopping Center CPUD with Wellfield Risk Management Special Treatment Overlay Zones ST/W-1 through ST/W-3: North: Single-family residential zoned Estates with Wellfield Protection Overlay Zones ST/W-1 through ST/W-3 South: Single-family residential zoned Estates with Wellfield Protection Overlay Zones ST/W-2 & ST/W-3; Walgreens zoned Snowy Egret Plaza CPUD with Wellfield Protection Overlay Zone ST/W-1 and vacant site zoned C-3 with Wellfield Protection Overlay Zones ST/W-1 and ST/W-2 East: 7-Eleven convenience store with fuel pumps and pet groomers zoned C-2 in 1984 with Wellfield Protection Overlay Zone ST/W-1; Vacant single-family residential zoned Estates with Wellfield Protection Overlay Zone ST/W-1 West: 3rd Street NW and single-family residential zoned Estates with Wellfield Protection Overlay Zone ST/W-3 Subject Site 9.A.5.a Packet Pg. 993 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 6 of 20 September 21, 2021 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Estates Designation, Commercial District, Estates Shopping Center Subdistrict, as identified in the Rural Golden Gate Estates Future Land Use Map of the Golden Gate Area Master Plan (GGAMP). The property owner submitted Growth Management Plan Amendment (GMPA) Petition PL20190002354 to amend the Estates Shopping Center Subdistrict. This amendment, if approved, would do away with the reference to specific permitted uses and instead allow all permitted and conditional uses of the C-1 through C-3 Zoning Districts, and public, civic and institutional uses; reduce the maximum commercial square footage from 150,000 to 50,000 excluding some uses and accessory uses from the maximum square footage limitation; remove outdoor music prohibition; remove single commercial use and building size limitations; reduce setbacks and landscape buffer widths; and remove phasing and developer commitments. The proposed GMPA allows for dormitories as an accessory use incidental to and supporting of zoological attractions and animal services center and the development of a maximum of 12 single family dwelling units in accordance with Residential Estates in the alternative to some of the proposed uses. The GMPA was transmitted to the Florida Department of Economic Opportunity (DEO) and a letter of “no comment” was received from the DEO. Consistency with the Future Land Use Element: Comprehensive Planning Staff has reviewed the applicable Goals and Polices of the Future Land Use Element (FLUE). Below is the FLUE text (in italics) followed by the staff finding: FLUE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004, and effective October 18, 2004, as amended). Staff finding: Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition in its entirety. FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. Staff finding: The PUD Master Plan shows only existing roads and driveway accesses, no internal roads are depicted. Applicant has however indicated that due to the nature of the use proposed Tract C use as an animal sanctuary, which has State mandated fencing and security needs, this would prohibit interconnection to permit through traffic. FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Staff finding: The public roadways run along the southern, eastern, and western of the subject property’s boundaries. Properties abutting the north PUD boundary are limited to single family development and zoned Estates. A preserve is proposed to be located along the northern property boundary except for a portion of the northwestern boundary which is proposed to have a 15’ Wide 9.A.5.a Packet Pg. 994 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 7 of 20 September 21, 2021 Type B landscape buffer, as depicted in the PUD Master Plan. Interconnection to these properties to the north is not provided and it is staff’s opinion that doing so is unnecessary. FLUE Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. Staff finding: There is an existing sidewalk along Golden Gate Boulevard. The PUD Master Plan does not depict any details of sidewalks or open spaces. No deviations are requested for sidewalks, therefore the project will be subject to LDC requirements for sidewalks. Tract B of the subject site is identified in the PUD Ordinance, Exhibit A as accommodating local, state and federally owned or leased and operated government facilities. Consistency with the Golden Gate Area Master Plan – Rural Golden Gate Estates Sub- Element: Staff has reviewed the applicable Goals and Polices of the GGAMP. Below is the GGAMP text (in italics) followed by the staff finding: GOAL 4: To preserve the area’s rural character, as defined by large wooded lots, the keeping of livestock, the ability to grow crops, wildlife activity, environmental stewardship, low-density residential development, and limitations on commercial and conditional uses. Staff finding: The proposed PUD limits and lowers overall commercial floor space to 50,000 sq. ft. Staff notes however that the trip cap allowing a maximum of 550 PM peak hour two-way trips in Exhibit E. A.5 of the PUD document is based on the currently allowed uses of 150,000 square feet of retail commercial use. The proposed alternative on Tracts B and C of 12 single family dwellings subject to E, Estates, Development Standards in the LDC would maintain low- residential development. Policy 4.2.5: Consistent with public safety requirements and best practices for rural areas, outdoor lighting within Rural Golden Gate Estates shall be placed, constructed, and maintained in such manner as to prevent or reduce light pollution. In implementing this Policy, the County shall: a.Adhere to the “Collier County Lighting Standards” (County Manager’s Office Standards dated January 6, 2017) as amended, with respect to new and existing County owned or maintained sites and structures. b.Continue to coordinate with FPL and FDOT to improve roadway and security lighting consistent with International Dark Skies Association best practices. c.Consider changes to the Land Development Code and other applicable ordinances to create voluntary or mandatory outdoor lighting standards for commercial, residential, or other uses consistent with International Dark Skies Association best practices, and determine the extent such standards apply to new or existing development Staff finding: Within the PUD draft Ordinance Exhibit E, Section E.3, Miscellaneous Developer Commitments, provisions are included to address this policy. 9.A.5.a Packet Pg. 995 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 8 of 20 September 21, 2021 Transportation Element: In evaluating this project, staff reviewed the applicant’s August 13, 2020, TIS and revised PUD Document for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Policy 5.1 of the Transportation Element of the GMP states: “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a.For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b.For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c.For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” Staff finding: According to the TIS and PUD document the proposed changes will allow up to 30 multi-family residential units (dormitories), an 8,000 square foot veterinarian clinic, 50,000 square feet governmental offices, 50,000 square feet retail commercial use and the Shy Wolf Sanctuary facility within the Estates Shopping Center development. The TIS for this request includes scenario’s for both the currently approved PUD uses and those proposed with this amendment request. The scenarios indicate that there will be no net increase and a potential decrease in the number of trips generated by this development. Staff notes that the trip cap allowing a maximum of 550 PM peak hour two-way trips in Exhibit E. A.5 of the PUD document is based on the currently allowed uses of 150,000 square feet of retail commercial use. Based on the TIS and the revised PUD, the subject petition request can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan because there are no additional traffic impacts resulting from the proposed changes. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation and Coastal Management Element (CCME). The project site consists of 27.81 acres of native vegetation. A minimum of 4.17 acres (15%) of native vegetation is required to be preserved. 9.A.5.a Packet Pg. 996 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 9 of 20 September 21, 2021 GMP Consistency Conclusion: Based on the above analysis, the petition may be deemed consistent with the GMP if the companion GMPA amendment is adopted and becomes effective. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. An evaluation relative to these subsections is discussed below, under the heading “Zoning Services Review.” Drainage Review: The proposed PUD Amendment request is not anticipated to create drainage problems in the area. Stormwater best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District. County GMD staff will also evaluate the project’s stormwater management system, calculations, and design criteria at the time of site development plan (SDP) and/or platting (PPL). Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The required preserve is 4.17 acres (15% of 27.81 acres); the Master Concept Plan provides for a 4.17-acre preserve onsite. No listed animal species were observed on the property; however, the Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicates the presence of Black Bear (Ursus americanus floridanus) in the area. Additionally, the site contains suitable habitat for Big Cypress Fox Squirrels (Sciurus niger avicennia). Management plans for Black Bear and Big Cypress Fox Squirrels will need to be included at PPL or SDP review. Stiff-leafed wild-pine (Tillandsia fasciculata), listed as a less rare plant, have been observed on the property and will be protect in accordance with LDC Section 3.04.03. The property is in multiple Wellfield Risk Management Special Treatment Overlay zones (ST/W- 1 through ST/W-3) and must address groundwater protection in accordance with LDC Section 3.06.12. The proposed government facilities (Tract B) and zoological attraction (Tract C) are allowable uses within the ST/W-1 through ST/W-3 zones. 9.A.5.a Packet Pg. 997 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 10 of 20 September 21, 2021 The proposed commercial area (Tract A) is partially located within the “Wellhead Protection Area,” which is a 500-foot radial setback distance from public potable water wells (Chapter 62- 521, Florida Administrative Code), as well as the ST/W-1 zone. Several potential uses are prohibited within the Wellhead Protection Area, including aboveground storage tanks (Chapter 62-762, F.A.C.), underground storage tanks (Chapter 62-761, F.A.C.), and all discharges of industrial wastewater to groundwater. Some commercial uses (i.e., gas stations, car washes, dry cleaners, paint stores, photography studios, etc.) listed in the “Estates Shopping Center CPUD Exhibit A” have the potential to impact ground and surface water. All proposed uses must comply with all federal, state and county statutes, codes, and ordinances. Pollution Prevention Best Management Practices (BMPs) must be provided at time of PPL or SDP review for those land uses which have the potential to cause impacts to drinking water. Additionally, depending on the proposed use, the applicant may be required to comply with secondary containment of all regulated substances as well as obtaining a Certificate to Operate (CTO) in a Wellfield Program, per LDC 10.04.01, at time of site development. Environmental Planning staff recommends approval of the proposed project. This project does require Environmental Advisory Council (EAC) review, as this project does meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier Tract C Tract B Tract A 500’ radius 9.A.5.a Packet Pg. 998 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 11 of 20 September 21, 2021 County Code of Laws and Ordinances. Specifically, a deviation is being requested to allow two preserves that are not connected within the site. See Deviation Discussion below. Landscape Review: The applicant is seeking one deviation regarding landscape buffers. See Deviation Discussion below. The buffers shown on the Master Plan are consistent with the LDC. Due to the reduction in amount of commercial intensity that is allowed with this Amendment the applicant is no longer committing to enhancing the buffers. And based on the NIM minutes, there was no concern regarding the buffers. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Utilities Review: The project does not lie within the service areas of the Collier County Water- Sewer District and will be served by private wells and septic systems. A County Well site (Tamiami Wellfield Well 11) is located on the northeast corner of the site, as depicted on the PUD Master Plan. The Federal Safe Drinking Water Act (SDWA), as amended in 1986, established a program for the states to delineate and manage Wellhead Protection Areas (WHPAs) for the protection of groundwater supplies from contamination. A Wellhead Protection Area is defined as the surface and subsurface area surrounding a public water supply well, through which contaminants are reasonably likely to move toward and reach the well. The Florida Department of Environmental Protection program incorporates the Wellhead Protection rule, Chapter 62-521, F.A.C., and the groundwater protection measures administered and regulated by FDEP regulatory programs. The Wellhead Protection Rule establishes a 500-foot radius circular Wellhead Protection Area around all wells which serve community and non-transient non-community public water systems. The rule prohibits certain new installations from locating in wellhead protection areas and specifies additional performance standards for other new installations and activities. FDEP implements specific performance, permitting, and monitoring criteria designed to protect groundwater on a statewide basis. Areas designated by the FDEP consisting of a 500-foot radial setback distance around a potable water well where groundwater is provided the most stringent protection measures to protect the groundwater source for a potable water well and includes the surface and subsurface area surrounding the well. Permitting and regulatory standards associated with this activity are at the discretion of the FDEP. The Tamiami Wellfield Well 11, located at the northeast corner of the commercial tract (85 Wilson BLVD N), was installed in 1987. This is a critical public water supply facility for the Collier County Water-Sewer District valued at nearly $2M. The casing depth is 90 feet with a total depth of 137 feet. On the well site is a well house, which maintains the electrical, SCADA, and generator for Wells 11, 12, and 13. The pumping capacity of the well is 700 GPM. In 2020, it provided 256,768,321 gallons of fresh water to both regional water treatment plants or 3.79% of all water withdrawn from the Tamiami Wellfield. This equates to the annual water use of over 4,500 people. The life expectancy of the well is 80 years or more if appropriately maintained and protected. Due to the vital importance of this asset, staff recommends that the applicant meets or exceeds the FDEP program that incorporates the Wellhead Protection rule and the groundwater protection measures administered and regulated by FDEP regulatory programs, to include any precautionary enhancements that will ensure the protection of the County’s wellfield. 9.A.5.a Packet Pg. 999 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 12 of 20 September 21, 2021 Zoning Services Review: The Estates Shopping Center Planned Unit Development (CPUD) totals ±40.62 on the north side of Golden Gate Boulevard W spanning from Wilson Boulevard on the east to 3rd Street NW on the west. The intent of the Planned Unit Development Amendment (PUDA) is to re-define the allowable uses and modify the PUD Master Plan to provide for Shy Wolf Sanctuary zoological attraction with supporting uses on Tract C; government facilities on Tract B; and a maximum of 50,000 sf of gross commercial floor area on Tract A. 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 in addition to the findings in LDC Section 10.02.08”: 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 PUD is located in the Rural Golden Gate Estates area, with a site specific Future Land Use designation allowing general commercial development to serve this primarily residential area. Physical characteristics of the land are addressed through the Environmental Review section of this staff report above. Traffic and access are addressed in the Transportation Review section of this staff report above. Water and sewer functions will be provided through private well and septic systems. 2.Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, 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. 3.Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff reviewed this petition and offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report and found the petition may be deemed consistent with the GMP if the companion GMPA amendment is adopted and becomes effective. 4.The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed PUDA establishes the potential for Shy Wolf Sanctuary to locate on the western Tract C, government facilities in the central Tract B, and commercial uses on the eastern Tract A near the intersection of Wilson and Golden Gate Boulevards. Commitments to control lighting and glare at the project perimeter are proposed to address 9.A.5.a Packet Pg. 1000 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 13 of 20 September 21, 2021 external compatibility. Additional compatibility measures are proposed through operational standards requiring fencing or walls per applicable wildlife agency standards, and Deviation 1 to allow a wall/berm up to 12 feet in height at the perimeter and internal enclosures of the Shy Wolf Sanctuary. However, compatibility with surrounding residents is compromised by the proposed elimination of prohibition on outdoor music and extending the closing hour of retail and office uses from 9 pm to 10 pm and extending gas/convenience uses to 24 hours. The PUD Amendment also proposes elimination of enhanced buffers and narrowing of the native preservation area that served as a buffer along the northern property line. While the impacts of loading and other activities associated with the currently approved 150,000-square foot commercial center may be lessened by the proposed sanctuary and government facilities, there is no clear explanation - such as how dormitories will be located on the site, or what types of operations the government facilities may entail - to conclude whether the impacts of noise and activity on the site will be diminished for the neighboring single family residents. Internal and external compatibility between the proposed wolf sanctuary, dormitories, government facilities, and potential alternative allowing single family residences per the Estates development standards are not clearly explained or portrayed on the Master Plan. The applicant reasons that a reduction in intensity is proposed, however the maximum number of vehicle trips that was allowable with the currently approved 150,000 square feet of commercial development is still proposed as the maximum number of trips associated with this PUD Amendment. Staff does not recommend the proposed allowance of outdoor music and extension of hours from 9 pm to 10 pm for retail and office uses. The proposed shift of locations of land uses includes establishing a 24-hour convenience store with fuel pumps within 500 feet of the existing gas station across Wilson Boulevard, which required a companion request for waiver of distance through an Auto Service Station Waiver (ASW) petition to be heard by the BZA. Relocating the convenience store with fuel pumps from Tract B to Tract A as requested allows the Golden Gate Boulevard/Wilson Boulevard intersection to be occupied with gas stations on two corners and allows fuel storage in closer proximity to the existing County well located at the northeast corner of the property. 5.The adequacy of usable open space areas in existence and as proposed to serve the development. No deviation from the required usable open space is being requested. Compliance with the minimum 30% open space requirement will be demonstrated at the time of SDP or PPL. 6.The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure will continue to be sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be 9.A.5.a Packet Pg. 1001 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 14 of 20 September 21, 2021 addressed at time of each development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Private wells and septic systems will be required at time of development to address water and wastewater needs. 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 subject property can accommodate the proposed uses with the exception as stated in the Environmental Review section of this report above, where the proposed commercial area (Tract A) is partially located within the “Wellhead Protection Area,” which is a 500- foot radial setback distance from public potable water wells (Chapter 62-521, “Wellhead Protection,” Florida Administrative Code), as well as the ST/W-1 zone. Some commercial uses (i.e., gas stations, car washes, dry cleaners, paint stores, photography studios, etc.) listed in the “Estates Shopping Center CPUD Exhibit A” have the potential to impact ground and surface water. All proposed uses must comply with all federal, state and county statutes, codes, and ordinances. Pollution Prevention Best Management Practices (BMPs) must be provided at time of PPL or SDP review for those land uses which have the potential to cause impacts to drinking water. Additionally, depending on the proposed use, the applicant may be required to comply with secondary containment of all regulated substances as well as obtaining a Certificate to Operate (CTO) in a Wellfield Program, per LDC 10.04.01, at time of site development. 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. Three new deviations are proposed in connection with this request to amend the PUD. See Deviation Discussion below. 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”: 1.Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GMP. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the (FLUM) and other elements of the GMP subject to approval of the companion GMP Amendment. 2.The existing land use pattern. 9.A.5.a Packet Pg. 1002 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 15 of 20 September 21, 2021 The PUD is located in the Rural Golden Gate Estates area, with a site specific Future Land Use designation allowing general commercial development to serve this primarily residential area. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. 3.The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is currently zoned PUD and would remain as such. 4.Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This petition does not propose any change to the boundaries of the PUD. 5.Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary; however, it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to include the proposed uses and development standards that are specific to the subject parcel. 6.Whether the proposed change will adversely influence living conditions in the neighborhood. With the commitments included in the draft PUD Ordinance and the conditions recommended by staff, the living conditions in the neighborhood should not be adversely influenced as a result of the proposed amendment. 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 will continue to have 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. Operational impacts will be addressed at time of each development order (SDP or Plat). Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. 8.Whether the proposed change will create a drainage problem. The proposed PUD Amendment request is not anticipated to create adverse drainage impacts in the area; provided stormwater best management practices, treatment, and storage on this project are addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County staff will evaluate the project’s stormwater management system, calculations, and design criteria at the time of SDP and/or PPL. 9.A.5.a Packet Pg. 1003 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 16 of 20 September 21, 2021 9.Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated the changes proposed to this PUD Amendment would seriously reduce light or air to the adjacent areas. 10.Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11.Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. All immediately adjacent properties are developed. The proposed amendments should not be a deterrent to improvement or redevelopment of adjacent properties. 12.Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. The commitments included in the draft PUD Ordinance and the conditions recommended by staff are in the interest of the public welfare. 13.Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed zoological attraction and government facilities cannot be developed without amending the PUD. 14.Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff’s opinion that the proposed uses, associated development standards, developer commitments and recommended conditions will ensure that the project is not out of scale with the needs of the community. 15.Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 9.A.5.a Packet Pg. 1004 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 17 of 20 September 21, 2021 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 considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. Due to the proximity of a County well near the northeast corner of the property, there is limited usability of the portion of Tract A that lies in the “Wellhead Protection Area,” which is a 500-foot radial setback distance from public potable water wells (Chapter 62-521, Florida Administrative Code), where the following are prohibited: aboveground storage tanks (Chapter 62-762, F.A.C.), underground storage tanks (Chapter 62-716, F.A.C.), and all discharges of industrial wastewater to groundwater. 17.The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The activity proposed by this amendment will is consistent with the applicable public facility levels of service adopted in the GMP. 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 Board during its advertised public hearing. DEVIATION DISCUSSION: The PUD was approved via Ordinance 11-30 with one deviation. The petitioner is now seeking to remove the approved deviation and add three new deviations (see draft Ordinance, Exhibit F). The petitioner’s justification and staff analysis/recommendation for these deviations are listed below. Deviation #1: (Fences and Walls) Relief from LDC Section 5.03.02 D.1., “Fences and Walls, Excluding Sound Walls”, which requires fences or walls shall be limited to a maximum height of 8 feet to instead allow a combination wall/berm of up to 12 feet for the perimeter and internal enclosures of the Shy Wolf tract containing animal enclosures. Applies to Tract C. Petitioners Justification: According to FAC 68A-6.0122 - Standard Caging Requirements for Wild Felines, section 1(c), outdoor cages over 1,000 square feet (uncovered) shall have vertical jump walls at least 10 feet high, with a 2-foot, 45 degree, inward angle overhang, or jump walls at least 12 feet high, without an overhang. 9.A.5.a Packet Pg. 1005 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 18 of 20 September 21, 2021 Moreover, according to FAC 68A-6.0123 - Standard Caging Requirements for Wild Canids. Section (3)(c), Wolves, outdoor cages over 1,000 square feet (uncovered) shall have vertical jump walls at least 8 feet high, with a 45-degree inward angle overhang 2 feet wide or, jump walls 10 feet high without an overhang. Staff Analysis and Recommendation: Staff recommends APPROVAL. The petitioner has demonstrated that the maximum 8 feet in fence or wall height may be increased for Tract C because it supports the health, safety, and welfare of the community per LDC section 10.02.13.A.3. This deviation is justified as meeting public purposes to a degree at least equivalent to literal application of such regulations per LDC section 10.02.13.B.5.h. Deviation #2: (Buffer Requirements) Relief from LDC Section 4.06.02 C.4., “Buffer Requirements” which requires developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way to instead allow the buffer depth to be reduced to 14 feet along the building area and associated driveway and parking, approximately 146 feet as shown on the Master Plan. Applies to Tract C. Petitioners Justification: The southernmost home is 14.1’ from the right-of-way easement. The structure will continue to serve the Shy Wolf development. The deviation is not to reduce the planting requirement but rather to allow the existing structure to remain and reduce the buffer depth along the façade of the building, driveway, and parking area accordingly. Staff Analysis and Recommendation: 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 detrimental effect on the health, safety and welfare of the community and LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deviation #3: (Preservation Standards) Relief from LDC Section 3.05.07 A.5., “Preservation Standards”, which requires preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors, to allow the onsite preserves to be non-contiguous. Petitioners Justification: The deviation is warranted due to several factors. One, the site has been previously impacted and developed with single family homes. This development activity, while it has allowed for the retention of native upland vegetation, is not contiguous to any other native vegetation preservation area. While portions of the overall property have not yet been developed and remain vegetated, the parcel is platted and could be developed with single-family homes with no requirement to provide native vegetation preservation. The areas included in the preserve on the PUD Master Plan will be revegetated in accordance with the preserve criteria in the LDC. The site will likely be developed by three separate entities, thus the three development area designations on the Master Plan; therefore, providing all of the required native vegetation preserve on a single entity is not equitable. Further, the area depicted as preserve on the conceptual PUD Master Plan is 9.A.5.a Packet Pg. 1006 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 19 of 20 September 21, 2021 consistent with the preserve location incorporated into the Estates Shopping Center subdistrict of the GGAMP. Staff Analysis and Recommendation: Environmental Planning staff recommends APPROVAL for the proposed deviation request. While portions of the overall property have not been developed and remain vegetated, the parcel is platted and could be developed with single-family homes with no requirement to provide native vegetation preservation. Additionally, the location of the preserves will provide a larger buffer between the development and the residential areas to the north of the site. The impacted areas will be revegetated in accordance with LDC Section 3.05.07.H.1.e.vi “Created Preserves.” NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on December 9, 2020, at North Collier Regional Park Exhibit Hall – Room A located at 15000 Livingston Road. The meeting commenced at approximately 5:30 p.m. and ended at 6:14 p.m. Rich Yovanovich and Wayne Arnold, the agent, gave a PowerPoint presentation. The request was described as a request to decrease commercial uses from 150,000 to 50,000 square feet with addition of residential use ranging from 8-50 units on a portion of the PUD. The meeting was opened to attendees for questions. The concerns were density, low-income housing, traffic access points, and roundabouts. No commitments were discussed at the NIM meeting. A copy of the NIM materials are included in Attachment C. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does require Environmental Advisory Council (EAC) review, as this project does meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Code of Laws and Ordinances. Specifically, Deviation #3 is being requested to allow two preserves that are not connected within the site. See above for the staff analysis and recommendation to approve Deviation #3. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s Office reviewed this staff report on September 21, 2021. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval of PUDA-PL20190002354 subject to the companion GMPA being adopted and becoming effective, subject to the EAC recommendation of approval for Deviation #3 (Preservation Standards), and subject to the following conditions: 1.Operational Standards for Tract A: Hours of operation for other retail and office uses remain 6 am to 9 pm. (Exhibit A, I. D. 1.b) 9.A.5.a Packet Pg. 1007 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) PL20190002354; Estates Shopping Center PUDA Page 20 of 20 September 21, 2021 2. Operational Standards for Tract A: Outdoor music remains prohibited (Exhibit A, I.D.) 3. The applicant shall meet or exceed the FDEP program that incorporates the Wellhead Protection rule and the groundwater protection measures administered and regulated by FDEP regulatory programs, to include any precautionary enhancements that will ensure the protection of the County’s wellfield, to be determined at time of SDP. Attachments: A) Proposed Ordinance B) Property Owner List C) Application/Backup Materials 9.A.5.a Packet Pg. 1008 Attachment: 09-21-21 - Staff Report - Estates Shopping PUDA (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.b Packet Pg. 1009 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.b Packet Pg. 1010 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 1 of 27 EXHIBIT A FOR ESTATES SHOPPING CENTER CPUD PERMITTED USES A maximum of 50,000 square feet of gross commercial floor area shall be permitted within the CPUD. The limitation herein does not apply to governmental facilities, animal shelters, animal service centers, wildlife refuges and sanctuaries, zoological attractions, veterinary services, or their accessory uses. AI. COMMERCIALTRACT A: I. 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:Tract A accommodates commercial uses typical of the C-1 through C-3 zoning districts, as more specifically listed below. A. Principal Uses: 1. Amusement and recreation Groups 7911 – Dance studios, schools and halls, excluding discotheques 7991 – Physical fitness facilities 7999 – Amusement and recreation services, not elsewhere classified, allowing only day camps, gymnastics instruction, judo/karate instruction, sporting goods rental and yoga instruction (excludes NEC Recreational Shooting Ranges, Waterslides, etc.) 2. Apparel and accessory stores (no adult oriented sales) Groups 5611 – Men’s and boys’ clothing and accessory stores 5621 – Women’s clothing stores 5632 – Women’s accessory and specialty stores 5641 – Children’s and infants’ wear stores 5651 – Family clothing stores 5661 – Shoe stores 5699 – Miscellaneous apparel and accessory stores 3. Automotive dealers and gasoline service stations Groups 5531 – Auto and home supply stores 4. Automotive repair, services and parking (no outdoor repair/service. All repairs/services to be performed by authorized automotive technician.) Groups 7514 – Passenger car rental 5. Building materials, hardware, garden supply, and mobile home dealers Groups 5231 – Paint, glass, and wallpaper stores 5251 – Hardware stores 5261 – Retail nurseries, lawn and garden supply stores 6. Business services Groups 7334 – Photocopying and duplicating services 7335 – Commercial photography 9.A.5.b Packet Pg. 1011 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 2 of 27 7336 – Commercial art and graphic design 7338 – Secretarial and court reporting services 7342 – Disinfecting and pest control services 7359 – Equipment rental and leasing, not elsewhere classified (excluding the following uses): Airplane rental and leasing Coin operated machine rental and leasing Industrial truck rental and leasing Oil field equipment rental and leasing Oil well drilling equipment rental and leasing Toilets, portable rental and leasing Vending machines, rental only 7371 – Computer programming services 7372 – Prepackaged software 7373 – Computer integrated systems design 7374 – Computer processing and data preparation and processing services 7375 – Information retrieval services 7376 – Computer facilities management services 7379 – Computer related services, not elsewhere classified 7382 – Security systems services 7383 – News syndicates 7384 – Photofinishing laboratories 7389 – Business services, not elsewhere classified 7. Communications Groups 4812 – Radiotelephone communications 4841 – Cable and other pay television services 8. Construction special trade contractors (office use only, no on-site materials or equipment storage) Groups 1711 – Plumbing, heating and air-conditioning 1721 – Painting and paper hanging industry 1731 – Electrical work industry 1741 – Masonry, stone setting, and other stone work 1742 – Plastering, drywall, acoustical, and insulation work 1743 – Terrazzo, tile, marble, and mosaic work industry 1751 – Carpentry work 1752 – Floor laying and other floor work, not elsewhere classified industry 1761 – Roofing, siding, and sheet metal work industry 1771 – Concrete work industry 1781 – Water well drilling industry 1791 – Structural steel erection 1793 – Glass and glazing work 1794 – Excavation work 1795 – Wrecking and demolition work 1796 – Installation or erection of building equipment, not elsewhere 1799 – Special trade contractors, not elsewhere classified 9. Depository institutions Groups 6021 – National commercial banks 6022 – State commercial banks 6029 – Commercial banks, not elsewhere classified 9.A.5.b Packet Pg. 1012 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 3 of 27 6035 – Savings institutions, federally chartered 6036 – Savings Institutions, not federally chartered 6061 – Credit unions, federally chartered 6062 – Credit unions, not federally chartered 6091 – Non-deposit trust facilities 6099 – Functions related to depository banking, not elsewhere classified 10. Eating and drinking places (Group 5812, including only liquor service only allowed if accessory to the restaurant use, no outdoor music or televisions, no windows or walls permitted to be open to the outside, except as required by code.) 11. Executive, legislative, and general government, except finance Groups 9111 – Executive offices 9121 – Legislative bodies 9131 – Executive and legislative offices combined 9199 – General government, not elsewhere classified 12. Food stores Groups 5411 – Grocery stores, including convenience stores with fuel pumps (one must be a minimum 27,000 square feet) 5421 – Meat and fish (seafood) markets, including freezer provisioners 5431 – Fruit and vegetable markets 5441 – Candy, nut, and confectionery stores 5451 – Dairy products stores 5461 – Retail bakeries 5499 – Miscellaneous food stores, including convenience stores with fuel pumps (Tract B only) 13. General merchandise stores Groups 5311 – Department stores 5331 – Variety stores 5399 – Miscellaneous general merchandise stores 14. Health services Groups 8011 – Offices and clinics of doctors of medicine 8031 – Offices and clinics of doctors of osteopathy 8041 – Offices and clinics of chiropractors 8042 – Offices and clinics of optometrists 8043 – Offices and clinics of podiatrists 8049 – Offices and clinics of health practitioners, not elsewhere classified 14.15. Home furniture, furnishings, and equipment stores Groups 5712 – Furniture stores 5713 – Floor covering stores 5714 – Drapery, curtain, and upholstery stores 5719 – Miscellaneous home furnishings stores 5722 – Household appliance stores 5731 – Radio, television, and consumer electronics stores 5734 – Computer and computer software stores 5735 – Record and prerecorded tape stores (no adult oriented sales) 5736 – Musical instrument stores 9.A.5.b Packet Pg. 1013 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 4 of 27 15.16. Insurance carriers Groups 6311 – Life insurance 6321 – Accident and health insurance 6324 – Hospital and medical service plans 6331 – Fire, marine, and casualty insurance 6351 – Surety insurance 6361 – Title insurance 6371 – Pension, health and welfare funds 6399 – Insurance carriers, not elsewhere classified 6411 – Insurance agents 16.17. Justice, public order and safety Groups 9221 – Police protection 9222 – Legal counsel and prosecution 9229 – Public order and safety, not elsewhere classified 17.18. Meeting and banquet rooms 18.19. Miscellaneous retail (no adult oriented sales) Groups 5912 – Drug stores and proprietary stores 5921 – Liquor stores (accessory to grocery or pharmacy only) 5932 – Used merchandise stores 5941 – Sporting goods stores and bicycle shops 5942 – Book stores 5943 – Stationery stores 5944 – Jewelry stores, including repair 5945 – Hobby, toy, and game shops 5946 – Camera and photographic supply stores 5947 – Gift, novelty, and souvenir shops 5948 – Luggage and leather goods stores 5949 – Sewing, needlework, and piece goods stores 5992 – Florists 5993 – Tobacco stores and stands 5994 – News dealers and newsstands 5999– Miscellaneous retail stores, not elsewhere classified (excluding gravestone, tombstones, auction rooms, monuments, swimming pools, and sales barns) 19.20. Non-depository credit institutions Groups 6111 – Federal and federally-sponsored credit agencies 6141 – Personal credit institutions 6153 –Short-term business credit institutions, except agricultural 6159 – Miscellaneous business credit institutions 6162 – Mortgage bankers and loan correspondents 6163 – Loan brokers 20.21. Offices and clinics of dentist (Group 8021) 21.22. Personal services Groups 7212 – Garment pressing, and agents for laundries and drycleaners 7221 – Photographic studios, portrait 7231 – Beauty shops 9.A.5.b Packet Pg. 1014 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 5 of 27 7241 – Barber shops 7251 – Shoe repair shops and shoeshine parlors 7291 – Tax return preparation services 7299 – Miscellaneous personal services, not elsewhere classified, excluding massage parlors, Turkish baths and escort services 22.23. Public finance, taxation, and monetary policy (Group 9311) 23.24. Real Estate Groups 6512 – Operators of nonresidential buildings 6513 – Operators of apartment buildings 6514 – Operators of dwellings other than apartment buildings 6515 – Operators of residential mobile home sites 6517 – Lessors of railroad property 6519 – Lessors of real property, not elsewhere classified 6531 – Real estate agents and managers 6541 – Title abstract offices 6552 – Land subdividers and developers, except cemeteries 24.25. Schools and educational services, not elsewhere classified (Group 8299) 25.26. Security and commodity brokers, dealers, exchanges, and services Groups 6211 – Security brokers, dealers, and flotation companies 6221 – Commodity contracts brokers and dealers 6231 – Security and commodity exchanges 6282 – Investment advice 6289 – Services allied with the exchange of securities or commodities, not elsewhere classified 26.27. Social services Groups 8322 – Individual and family social services (adult day care centers only) 8351 – Child day care services 27.28. Travel agencies (Group 4724) 28.29. Veterinary services for /animal specialtyies services (Group 0742 and 0752, excluding outdoor kenneling) 29.30. Video tape rental (Group 7841, excluding adult oriented sales and rentals) 30.31. United states postal service (Group 4311, excluding major distribution centers) 31.32. 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”) by the process outlined in the LDC. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Utility buildings (including water and wastewater plants) which shall be enclosed. 9.A.5.b Packet Pg. 1015 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 6 of 27 b. Essential service facilities c. Gazebos, pavilions, statuary and other architectural features d. Utilities, water and wastewater facilities and/or plants, (all processing buildings must be enclosed.) IIC. PROHIBITED USESProhibited Uses: 1. Amusement and recreation services, not elsewhere classified (Group 7999, NEC Recreational Shooting Ranges, Waterslides, etc.) (Except uses expressly listed in A.I.A.1 are permitted). 2. Air and water resource and solid waste management (Group 9511) 3. Business Services Groups 7313 – Radio, television, and publishers’ advertising representatives 7331 – Direct mail advertising services 4. Correctional Institutions (Group 9223) 5. Drinking places (alcoholic beverages) (Group 5813) 6. Educational services Groups 8211 – Elementary and secondary schools 8221 – Colleges, universities, and professional schools 8222 – Junior colleges and technical institutes 8231 – Libraries 7. Health services Groups 8062 – General medical and surgical hospitals 8063 – Psychiatric hospitals 8069 – Specialty hospitals, except psychiatric 8. Miscellaneous Retail Groups 5921 – Liquor stores 5961 – Catalog and mail-order houses 5962 – Automatic merchandising machine operators 9. Personal services Groups 7211 – Power Laundries, family and commercial 7261 – Funeral service and crematories 10. Social services Groups 8322 – Individual and family social services, excluding adult day care centers 8361 – Residential care, including soup kitchens and homeless shelters IIID. OPERATIONAL STANDARDSOperational Standards 1. Hours of Operation: a. Grocery and iIndoor restaurant uses: 6 am to 11 pm b. Other retail and office uses: 6 am to 9 10 pm 9.A.5.b Packet Pg. 1016 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 7 of 27 c. Gas/convenience uses: 5 am to midnight24 hours d. Deliveries: 6 am to 10 pm ed. Amplification devices serving drive-thru facilities: 6 am to 9 pm fe. Outdoor dining: 6 am to 10 pm 2. Building Architecture: All buildings shall be designed in a unified architectural style which shall be stylistic of Key West, Olde Florida or Bermuda architecture. 3. Lighting: All lighting shall be architecturally designed. Parking lot lighting shall be limited to 25 feet in height and shall utilize low pressure sodium or similar bulbs, which will be shielded from neighboring residential land uses. Halogen lighting shall be prohibited. 4.2. Outdoor dining: Alcohol service for outdoor dining shall be accessory to food service. 5. Outdoor music: Outdoor music is prohibited for all uses within the PUD. II. TRACT B: Accommodates local, state and federally owned or leased and operated government facilities. If not developed with government facilities, Tract B may accommodate a maximum of 4 single family dwellings subject to E, Estates, Development Standards in the LDC. A. Principal Uses: 1. Administration of urban planning and community and rural development (Group 9532) 2. Essential services 3. General government services Groups 9111 – Executive offices 9121 – Legislative bodies 9131 – Executive and legislative offices combined 9199 – General government, not elsewhere classified 9229 – Public order and safety, not elsewhere classified 9311 – Public finance, taxation, and monetary policy 4. Land, mineral, wildlife, and forest conservation (Group 9512) 5. Libraries (Group 8231) 6. Parks and recreational uses 9.A.5.b Packet Pg. 1017 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 8 of 27 7. Sheriff’s office (Group 9221) 8. Veterans affair office (Group 9451) 9. 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”) by the process outlined in the LDC. B. Accessory Uses: 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 CPUD as determined by the BZA or the Hearing Examiner. III. TRACT C: Accommodates Zoological attraction, animal services, and related facilities. If not developed with zoological attraction, animal services, and related facilities, Tract C may accommodate a maximum of 8 single family dwellings subject to E, Estates, Development Standards in the LDC. Existing residential lots may be replatted and reconfigured subject to E, Estates, Development Standards in the LDC, except that platted lots with non-conforming lot area at time of adoption of this Ordinance may be replatted with the same non-conforming lot area. A. Principal Uses: 1. Animal services center 2. Animal shelters (Group 0752) 3. Arboreta and botanical or zoological gardens (Group 8422) 4. Exhibition operation, limited to zoological attractions and animal services (Group 7999) 5. Noncommercial research organizations (Group 8733) 6. Single family dwelling units (per E, Estates Development Standards in the LDC, not to exceed 8 units. Existing residential lots may be replatted and reconfigured and any existing platted non-conforming lots may be replatted with the same non-conforming lot area.) 7. Veterinary clinic, services (Group 0742) 8. Wildlife refuge and sanctuary 9. Zoological attractions 10. 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. 9.A.5.b Packet Pg. 1018 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 9 of 27 B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including but not limited to garages, carports, pavilions, swimming pools, spas and screen enclosures. 2. Dormitories / student housing (Group 7021), incidental to and supporting of zoological attraction and animal services. 3. Eating places (Group 5812), incidental to and supporting of zoological attraction and animal services. 4. Gift, novelty and souvenir shops (Group 5947) 5. Greenhouses (Group 0182) 6. Picnic areas, gardens, ponds 7. Storage and maintenance buildings 8. Water and sewer systems (essential services) 9. Farmer’s market 10. 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 CPUD as determined by the BZA or the Hearing Examiner. C. Operational Standards for Exotic and Non-native Animals: 1. Any zoological, wildlife refuge and sanctuary, animal shelter or service center use shall be licensed and regulated by the Florida Fish and Wildlife Conservation Commission (FWC) and United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA-APHIS) in accordance with their containment and care requirements. 2. The entirety of the perimeter of any parcel utilized for zoological, wildlife refuge and sanctuary, animal shelter or service center use shall be fenced or walled to meet or exceed the requirements specified by FWC and USDA-APHIS standards and as allowed by Deviation #1. 3. Public visitation hours shall be permitted between the hours of 9:00 AM and dusk daily. 4. An emergency management plan must be filed for a zoological or animal sanctuary use at the time of site plan approval. BIV. PRESERVE No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the CPUD Master Plan, that is required to be a minimum of 4.21 4.17 acres, other than those uses allowed by Section 3.05.07 H.1.h. of the LDC, or any successor provision. 9.A.5.b Packet Pg. 1019 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 10 of 27 IA. Principal Uses: a. 1. Native preserves b. 2. Water management c. 3. Mitigation areas d. 4. Hiking trails, boardwalks, shelter, or other such facilities constructed for the purpose of passage through or enjoyment of the site’s natural attributes. e. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or designee determines to be compatible in the Preserve Area. DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. 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. 9.A.5.b Packet Pg. 1020 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 11 of 27 EXHIBIT B FOR ESTATES SHOPPING CENTER CPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Estates Shopping Center CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I: TRACT ADEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES32 MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 75 Ft. N/A MINIMUM YARDS (External) From Wilson Boulevard 50 30 Ft. 45 30 Ft. From Golden Gate Boulevard 55 50Ft. 15 Ft. From Northern Project Boundary 125 100 Ft. 125 75 Ft. 4 From 3rd Street NW 300 Ft. 100 Ft. From 1st Street NW 35 30 Ft. 30 Ft. MINIMUM YARDS (Internal) Internal Drives/ROW 20 10 Ft. 5 Ft. Rear 15 Ft. 10 Ft. Side 10 Ft. 10 Ft. Preserve 25 Ft. 10 Ft. MIN. DISTANCE BETWEEN STRUCTURES 20 Ft. or ½ the sum of the building heights 1 N/A MAXIMUM HEIGHT (single story only) Zoned Actual 35 Ft. 45 Ft. 35 Ft. 35 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. N/A MAX. GROSS COMMERCIAL BUILDING AREA2, 5 15050,000 Sq. Ft. N/A 1 Whichever is greater. 2 Developer will limit single users to no greater than fifteen thousand (15,000) square feet in size, except for: One (1) grocery store user between twenty-seven thousand (27,000) and sixty thousand (60,000) square feet in size; One (1) commercial user up to thirty thousand (30,000) square feet in size; and One (1) commercial user up to twenty thousand (20,000) square feet in size. The grocery store must be constructed and receive the first certificate of occupancy as part of the first phase of construction. 32 Accessory uses such as fFences/walls, dumpsters, bus shelters, signage, and similar structures are not required to meet the minimum principal or accessory setbacks as listed in Exhibit B, Table I. Tract A, above, however they are subject to Sections 2.01.02, 4.02.02, 4.02.03 and 5.06.00 of the LDC. 4 Except the utility building shall not be located closer than 75 feet to the northern property line. 5 No building may exceed 30,000 square feet in size, except for the grocery anchored building with inline stores. 9.A.5.b Packet Pg. 1021 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 12 of 27 II. TRACT B: PRINCIPAL USES (1) ACCESSORY USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM SETBACKS From Golden Gate Boulevard 50 Ft. 50 Ft. From Northern Project Boundary 75 Ft. 75 Ft. From 1st Street NW 50 Ft. 25 Ft. Preserve 25 Ft. 10 Ft. MIN. DISTANCE BETWEEN STRUCTURES 10 Ft. N/A MAXIMUM HEIGHT (1) Zoned Actual 35 Ft. 45 Ft. 35 Ft. 35 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. N/A (1) Residential dwelling units per E, Estates Development Standards in the LDC and may be two stories III. TRACT C: PRINCIPAL USES (1) ACCESSORY USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM SETBACKS From Golden Gate Boulevard 50 Ft. 50 Ft. From Northern Project Boundary 30 Ft. 30 Ft. From 3rd Street NW 25 Ft. 25 Ft. Preserve 25 Ft. 10 Ft. MIN. DISTANCE BETWEEN STRUCTURES Per Fire Code N/A MAXIMUM HEIGHT (1) Zoned Actual 35 Ft. 45 Ft. 35 Ft. 35 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. N/A (1) Residential dwelling units per E, Estates Development Standards in the LDC and may be two stories. 9.A.5.b Packet Pg. 1022 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.bPacket Pg. 1023Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center GOLDEN GATE BOULEVARD WEST WILSON BOULEVARD NORTH3RD ST NWTRACT A ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: C-2LAND USE: 7-11CONVENIENCE/GASZONING: E, ESTATESLAND USE: SINGLEFAMILY RESIDENTIALZONING:SNOWY EGRET PLAZA CPUD AND C-3 LAND USE: WALGREENS AND UNDEVELOPED ZONING:E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIALZONING: E, ESTATESLAND USE: SINGLE FAMILY RESIDENTIALZONING:E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL 1ST ST SWTRACT BTRACT C 1ST ST NW15' WIDE TYPE 'B' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER 3RD ST SWEXISTING COUNTY WELL 20' WIDE TYPE 'D' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) PRESERVE PRESERVEPRESERVE GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 0 250'125' LEGEND: #DEVIATION 1 2 3 33 9.A.5.b Packet Pg. 1024 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 NOTES 1.THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2.PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE 'B' BUFFER, A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. SITE SUMMARY TOTAL SITE AREA: 40.62± ACRE TRACT A:10.17± AC (25%) TRACT B:7.64± AC (19%) TRACT C:13.69± AC (34%) PRESERVE:4.17± AC (10%) ROW EASEMENTS:4.95± AC (12%) MAXIMUM COMMERCIAL BUILDING AREA: 50,000 S.F. MAXIMUM RESIDENTIAL DWELLING UNITS:12 OVERALL OPEN SPACE: REQUIRED:30% PROVIDED:30% PRESERVE: REQUIRED:4.17 ACRES (27.81+/- ACRES NATIVE VEGETATION X 0.15) PROVIDED:4.17 ACRES DEVIATIONS: 1.FROM LDC SECTION 5.03.02 D.1., “FENCES AND WALLS, EXCLUDING SOUND WALLS” 2.FROM LDC SECTION 4.06.02 C.4., “BUFFER REQUIREMENTS” 3.FROM LDC SECTION 3.05.07 A.5., “PRESERVATION STANDARDS” 9.A.5.b Packet Pg. 1025 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 16 of 27 EXHIBIT D FOR ESTATES SHOPPING CENTER CPUD LEGAL DESCRIPTION A PORTION OF GOLDEN GATE ESTATES, UNIT NO.11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES, UNIT NO.11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°40'50" WEST, ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES, UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN NORTH 00°19'10" EAST, FOR A DISTANCE OF 860.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE ESTATES UNIT No.11; THENCE RUN SOUTH 89°40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 111 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN NORTH 00°19'10" EAST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 89°40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 00°19'10" WEST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 142 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN SOUTH 89°40'50" EAST, FOR A DISTANCE OF 680.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 180 FEET OF SAID TRACT 142; THENCE RUN SOUTH 00°19'10" WEST, FOR A DISTANCE OF 860.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 40.62 ACRES, MORE OR LESS. 9.A.5.b Packet Pg. 1026 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 17 of 27 EXHIBIT E FOR ESTATES SHOPPING CENTER CPUD LIST OF DEVELOPMENTER COMMITMENTS Regulations for development of the Estates Shopping Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. TRANSPORTATION The development of this MPUD CPUD shall be subject to and governed by the following conditions: 1. Right-of-Way for Golden Gate Boulevard Expansion and Right-of-Way for the Wilson Boulevard Expansion will be donated to the County at no cost to County within 120 days of a written request from the County. 2. The County will allow construction of a full median opening at the project entrance between 1st and 3rd, after approval of right of way permit. The design and construction shall be the responsibility of the developer. Should the project entrance access point meet signal warrants and if approved by the county, the developer will be responsible for all design and construction/installation costs of a traffic signal. The County reserves the right to modify the median opening should safety or documented capacity conflicts develop. Signalization, if warranted, must also be timed with the existing signal at Golden Gate Boulevard and Wilson Boulevard, with the Wilson Boulevard and Golden Gate Boulevard signal prioritized for green time. 32. The first phase of development, inclusive of the required grocery store and recognized to be no greater than 100,000 square feet, shall have a proportionate share responsibility towards intersection improvements at Wilson and Golden Gate Boulevard. 4. The last 50,000 square feet of the project shall not receive SDP approval from the Growth Management Division until commencement of County’s proposed improvements to the intersection of Golden Gate Boulevard and Wilson Boulevard, unless the Developer has elected to commence construction of the intersection improvements in advance of the County (the non-site related portion of the cost of said improvements shall be eligible for road impact fee credits). No certificates of occupancy shall be issued for this phase until said intersection improvements are complete. This phase shall also have proportionate share responsibility toward the cost of the intersection of Wilson and Golden Gate Boulevard. For the purposes of this commitment “intersection improvements” shall mean four lanes of approaching and departing traffic travelling north/south and east/west and dual left turn lanes and right turn lanes in all directions except the southbound right turn lane on Wilson Boulevard being a dual right turn lane. 53. Access points shown on the Master Plan are conceptual. 9.A.5.b Packet Pg. 1027 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 18 of 27 64. Up to four primary project access locations are proposed. Access points will be determined at Site Development Plan review in accordance with the County Access Management Policy:. i. One direct connection to Wilson Boulevard is proposed; located as far to the North as can be reasonably accommodated on the final SDP. ii. Access to Golden Gate Blvd via 1st Street NW is proposed. iii. Access to Golden Gate Boulevard between 1st Street NW and 3rd Street NW is proposed. Refer to condition no. 2 above, referring to signalization. iv. Access to Golden Gate Blvd via 3rd Street NW is proposed. 1. The developer shall add signage at project entrance on 3rd Street NW prohibiting truck and/or delivery traffic. 5. The PUD shall be limited to a maximum of 550 p.m. peak hour two-way trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. BUS SHELTERS 1. The developer shall install or make payment in lieu of construction for two school bus stop shelters, which shall be installed at or near the intersection of 1st Street N.W. and Golden Gate Boulevard. If authorized by the School District the shelter size and location shall be coordinated with the Collier County School District. Installation of the shelters shall be concurrent with issuance of the first commercial building certificate of occupancy if constructed by Developer. 2. At the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location will be determined during site development plan review for Phase 2the commercial phase of the project. If constructed by County, owner shall convey to County an easement for the bus shelter at no cost to County. C. LANDSCAPE BUFFERS 1. Any portion of the Project directly abutting residential property (property zoned E- Estates and without an approved conditional use) shall provide, at a minimum, a seventy-five (75) feet wide buffer, except the westernmost 330’ of Tract 106, which shall provide a minimum 20’ wide buffer in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained or re-planted native vegetation and must be consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be revegetated to meet subsection 3.05.07.H of the LDC (native vegetation replanting requirements). Additionally, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: 9.A.5.b Packet Pg. 1028 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 19 of 27 a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. c. If the project is reviewed by Collier County, the Developer’s engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. 2. Landscape buffers adjacent to external rights-of-way shall be: • 1st/3rd Streets – Minimum 30’ wide enhanced buffer (Exhibit E.C.1a and Exhibit E.C.1b) • Wilson Boulevard – Minimum 25’ wide enhanced buffer (Exhibit E.C.1c) • Golden Gate Boulevard – Minimum 50’ wide enhanced buffer (Exhibit E.C.1d) 3. The seventy-five foot wide vegetative preserve/buffer identified and located along the northern property boundary shall retain existing native vegetation. Where the existing vegetation does not meet the requirements of the LDC, the owner or its successors shall replant and supplement native vegetation at all three vegetative strata as required by the LDC. Plant materials must be native species compatible with vegetation existing within the preserve area. These supplemental plantings must occur concurrent with the first phase of development on the site. The mid-story vegetative plant material may be clustered near the northern preserve edge in order to address fire safety concerns. The replanted preserve must be 80 percent opaque within one year at six feet in height. Please refer to Exhibit E.C.1f for details. 4. Along the northern boundary of Tract A of the Conceptual PUD Master Plan, the Developer shall be required to install a six foot high sound wall adjacent to the preserve/landscape buffer area as depicted on Exhibit C, Master Plan. . The six foot height shall be measured from the adjacent drive aisle or 1st Street NW, whichever is greater. The wall shall be installed concurrent with the commencement of site work for the first phase of commercial development on Tract A. 1. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to meet the LDC requirements for a Type B buffer, a 6-foot wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6-foot wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. 9.A.5.b Packet Pg. 1029 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 20 of 27 D. ENVIRONMENTAL 1. A minimum of 15% of the on-site native vegetation must be retained. 28.0927.81± acres of native vegetation exists requiring preservation of 4.2117± acres of native vegetation. See calculation below. (40.62± acres (total site) - 12.5381± acres (7.54 82 ac. single family homes, 4.90 ac. row, .09 ac. pump station) = 28.0927.81± acres (native vegetation) x 15% = 4.2117± acres (required preserve). 2. A Black Bear Management Plan and a Fox Squirrel Management Plan are to be submitted at the time of SDP. E. MISCELLANEOUS 1. 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. 2. All other applicable state or federal permits must be obtained before commencement of the development. 3. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures— backlight, uplight and glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15-ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft-candles along the joint property line where adjacent to residential property. F. 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 Crown Management Services, LLC, 207 Cherry Hill Drive, Presto, PA 15142- 1087. 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. 9.A.5.b Packet Pg. 1030 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.bPacket Pg. 1031Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center 9.A.5.bPacket Pg. 1032Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center 9.A.5.bPacket Pg. 1033Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center 9.A.5.bPacket Pg. 1034Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center 9.A.5.bPacket Pg. 1035Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center 9.A.5.bPacket Pg. 1036Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center Words underlined are additions; words struck through are deletions PL20190002354 Estates Shopping Center August 18, 2021 Page 27 of 27 EXHIBIT F FOR ESTATES SHOPPING CENTER CPUD LIST OF REQUESTED DEVIATIONS FROM THE LDC 1. Deviation from Land Development Code (LDC) Section 3.05.07.H.1.h.iii, Preserve Standards, which requires a five foot minimum setback from Preserve, to permit a sound wall to be constructed adjacent to the preserve in the location depicted on Exhibit C, Master Plan. Deviation 1: Relief from LDC Section 5.03.02 D.1., “Fences and Walls, Excluding Sound Walls”, which requires fences or walls shall be limited to a maximum height of 8 feet to instead allow a combination wall/berm of up to 12 feet for the perimeter and internal enclosures of the Shy Wolf tract containing animal enclosures. Applies to Tract C. Deviation 2: Relief from LDC Section 4.06.02 C.4, “Buffer Requirements” which requires developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way to instead allow the buffer depth to be reduced to 14 feet along the building area and associated driveway and parking, approximately 146 feet as shown on the Master Plan. Applies to Tract C. Deviation 3: Relief from LDC Section 3.05.07 A.5, “Preservation Standards”, which requires preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors, to instead allow the onsite preserves to be non-contiguous. 9.A.5.b Packet Pg. 1037 Attachment: Attachment A - Ordinance - 090921 (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center CPUD (PL20210001723) Property Owner List July 12, 2021 Page 1 of 1 RCESC-19 Property Owner List.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Parcel ID Site Address Property Owner Address 37119840001 No site address Richard D. Yovanovich as Successor Trustee of Land Trust 850.018 under Land Trust Agreement dated October 4, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37119880003 No site address Richard D. Yovanovich as Successor Trustee of Land Trust 850.018 under Land Trust Agreement dated October 4, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37119800009 110 1st St NW Richard D. Yovanovich as Successor Trustee of Land Trust 850.033 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 9.A.5.c Packet Pg. 1038 Attachment: Attachment B - Property Owner List (20114 : PL20190002354 - Estates Shopping Center PUDA) Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Estates Shopping Center CPUD (PL20190002354) Application and Supporting Documents October 7, 2021 CCPC Hearing 9.A.5.d Packet Pg. 1039 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com May 21, 2020 Mr. James Sabo, AICP Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for Public Hearing, Estates Shopping Center CPUD Amendment (PL20190002354), Submittal 1 Dear Mr. Sabo: A Collier County application for Public Hearing for a Planned Unit Development (PUD) amendment for the Estates Shopping Center Commercial PUD located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard is being filed electronically for review. This application proposes to amend the 40.62 +/- acre CPUD to allow up to 50,000 square feet of gross leasable area for general commercial land uses and public and semi-public land uses. A companion Growth Management Plan Amendment (PL20190002353) has been filed concurrently with this application. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing for PUD Amendment 3. Property Owner List 4. Evaluation Criteria 5. Pre-application Meeting Notes 6. Affidavit of Authorization 7. Property Ownership Disclosure Form 8. Covenant of Unified Control 9. Addressing Checklist 10. Warranty Deed(s) 11. Aerial Location Map 12. Environmental Data Requirements 9.A.5.d Packet Pg. 1040 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Mr. James Sabo, AICP RE: Collier County Application for Public Hearing, Estates Shopping Center CPUD Amendment (PL20190002354), Submittal 1 May 21, 2020 Page 2 of 2 13. Traffic Impact Study 14. Original PUD Exhibits 15. Revised PUD Exhibits Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Richard D. Yovanovich GradyMinor File 9.A.5.d Packet Pg. 1041 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 1 of 11 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME DATE PROCESSED PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): _________________________________________________________ Name of Applicant if different than owner: _____________________________________________ Address: _________________________City: _______________ State: _________ ZIP: ___________ Telephone: _______________________ Cell: ______________________ Fax: __________________ E-Mail Address: ____________________________________________________________________ Name of Agent: ____________________________________________________________________ Firm: _____________________________________________________________________________ Address: ____________________________City: _______________ State: _______ ZIP: __________ Telephone: ____________________ Cell: ____________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________ Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. To be completed by staff See Property Owner List Richard D. Yovanovich as Successor Trustee 4001 Tamiami Trail North, Suite 300 Naples FL 34103 239-435-3535 ryovanovich@cyklawfirm.com D. Wayne Arnold, AICP / Richard D. Yovanovich, Esq. Q. Grady Minor & Associates, P.A. / Coleman, Yovanovich & Koester, P.A. 3800 Via Del Rey Bonita Springs FL 34134 239-947-1144 warnold@gradyminor.com / ryovanovich@cyklawfirm.com 9.A.5.d Packet Pg. 1042 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 2 of 11 REZONE REQUEST This application is requesting a rezone from: _________________________ Zoning district(s) to the ________________________________ zoning district(s). Present Use of the Property: _________________________________________________________ Proposed Use (or range of uses) of the property: _________________________________________ Original PUD Name: ________________________________________________________________ Ordinance No.: ____________________________________________________________________ PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: x If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; x 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 x The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________ Address/ General Location of Subject Property: __________________________________________ __________________________________________________________________________________ PUD District (refer to LDC subsection 2.03.06 C): Commercial Residential Community Facilities Industrial Mixed Use Other: ________________ Estates Shopping Center CPUD Estates Shopping Center CPUD Undeveloped and developed residential Commercial, Estates Shopping Center CPUD Ordinance 2011-30 44927 N.A. N.A.Golden Gate Estates Unit 11 See Exhibit D of the PUD Ordinance 4 104-103 See Property Owner List 2,000 860+/-1769407+/-40.62+/- Northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard 9.A.5.d Packet Pg. 1043 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 3 of 11 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Metes & Bounds Description: _________________________________________________________ ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ E Residential E, CPUD and C-3 Residential, commercial offices and retail E and C-2 Residential and commercial retail E Residential N.A. N.A. N.A. N.A. N.A.N.A. N.A. N.A.N.A. N.A. Golden Gate Estates Area Civic Association PO Box 990596 Naples FL 34116 9.A.5.d Packet Pg. 1044 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 4 of 11 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 9.A.5.d Packet Pg. 1045 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 5 of 11 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? __________________________________________________________________________________ __________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered “open” when the determination of “sufficiency” has been made and the application is assigned a petition processing number. The application will be considered “closed” when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed “closed” will not receive further processing and an application “closed” through inactivity shall be deemed withdrawn. An application deemed “closed” may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of “sufficiency”. Further review of the request will be subject to the then current code. No 9.A.5.d Packet Pg. 1046 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 6 of 11 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Package Treatment Plant (GPD Capacity): _________________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _________ Average Daily: __________ B. Sewer-Peak: _________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ Richard D. Yovanovich as Successor Trustee 4001 Tamiami Trail North, Suite 300 Naples FL 34103 239-435-3535 ryovanovich@cyklawfirm.com See Property Owner List 44927 N.A. N.A.Golden Gate Estates Unit 11 See Exhibit D of the PUD Ordinance 4 104-103 See Property Owner List X X 50,000 s.f. commercial, 17 SF units, public and semi-public uses 28,255 gpd 20,930 gpd 20,180 gpd 14,950 gpd N.A. 9.A.5.d Packet Pg. 1047 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 7 of 11 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. N.A. N.A. 9.A.5.d Packet Pg. 1048 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 8 of 11 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as ____________________________________________________ ____________________________________________________ (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for ______________ planned unit development (______________PUD) zoning. We hereby designate___________________, legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. ___________________________________ ___________________________________ Owner Owner ____________________________________ ___________________________________ Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this day of , 201__ by ____________________ who is personally known to me or has produced _____________________________ as identification. ____________________________________ Notary Public (Name typed, printed or stamped) Estates Shopping Center CPUD See Exhibit A 9.A.5.d Packet Pg. 1049 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 9 of 11 Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 Completed Application with required attachments (download latest version) 1 Pre-application meeting notes 1 Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 List Identifying Owner and all parties of corporation 1 Signed and sealed Boundary Survey 1 Architectural Rendering of proposed structures 1 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 Statement of Utility Provisions 1 Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study 1 Historical Survey 1 School Impact Analysis Application, if applicable 1 Electronic copy of all required documents 1 Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Checklist continues on next page 9.A.5.d Packet Pg. 1050 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 10 of 11 Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy Original PUD document/ordinance, and Master Plan 24” x 36” – Only if Amending the PUD Revised PUD document with changes crossed thru & underlined 1 Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.” PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams (Director) Emergency Management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: City of Naples Utilities Other: ASSOCIATED FEES FOR APPLICATION Pre-Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 9.A.5.d Packet Pg. 1051 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 11 of 11 Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. ___________________________________ _____________ Signature of Petitioner or Agent Date ___________________________________ Printed named of signing party D. Wayne Arnold, AICP Digitally signed by D. Wayne Arnold, AICP Date: 2020.05.18 14:48:09 -04'00' D. Wayne Arnold, AICP May 18, 2020 9.A.5.d Packet Pg. 1052 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center CPUD (PL20190002354) Property Owner List April 14, 2020 Page 1 of 2 RCESC-19 Property Owner List.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Parcel ID Site Address Property Owner Address 37119840001 No site address Richard D. Yovanovich as Successor Trustee of Land Trust 850.018 under Land Trust Agreement dated October 4, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37119880003 No site address Richard D. Yovanovich as Successor Trustee of Land Trust 850.018 under Land Trust Agreement dated October 4, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37116920005 265 GG Blvd W Richard D. Yovanovich as Successor Trustee of Land Trust 850.023 under Land Trust Agreement dated October 4, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37117160000 141 GG Blvd W Richard D. Yovanovich as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37116840004 No site address Richard D. Yovanovich as Successor Trustee of Land Trust 850.025 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37116961006 221 GG Blvd W Richard D. Yovanovich as Successor Trustee of Land Trust 850.026 under Land Trust Agreement dated January 9, 2006 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37117080009 171 GG Blvd W Richard D. Yovanovich as Successor Trustee of Land Trust 850.027 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37117280003 No site address Richard D. Yovanovich as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37117040007 165 GG Blvd W Richard D. Yovanovich as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37116960007 241 GG Blvd W Richard D. Yovanovich as Successor Trustee of Land Trust 850.032 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 9.A.5.d Packet Pg. 1053 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Page 2 of 2 37117000005 181 GG Blvd W Richard D. Yovanovich as Successor Trustee of Land Trust 850.035 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37119800009 110 1st St NW Richard D. Yovanovich as Successor Trustee of Land Trust 850.033 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37117120008 121 GG Blvd W Richard D. Yovanovich as Successor Trustee of the Golden Gate Boulevard West Trust c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37116720001 410 3rd St NW Richard D. Yovanovich as Successor Trustee of Land Trust 850.034 under Land Trust Agreement dated December 1, 2005 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37116880006 90 3rd St NW Richard D. Yovanovich as Successor Trustee of Land Trust 850.038 under Land Trust Agreement dated November 5, 2007 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 37117200009 131 1st St NW Richard D. Yovanovich as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 9.A.5.d Packet Pg. 1054 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center CPUD (PL20190002354) Evaluation Criteria September 24, 2020 Page 1 of 7 RCESC-19 Evaluation Criteria-r1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. Provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. The Estates Shopping Center Commercial Planned Unit Development (CPUD) is a 40.62± acre property located northwest corner of the intersection of Golden Gate Boulevard and Wilson Boulevard. The property is Designated Rural Golden Gate Estates Sub-element, Estates Shopping Center Subdistrict of the Golden Gate Area Master Plan. The property is currently zoned Estates Shopping Center CPUD. The applicant proposes to amend the CPUD in order to modify the permitted uses and master plan, by reducing the maximum square footage of general commercial uses from 150,000 square feet to 50,000 square feet, adding public and semi-public land uses that will include County owned public facilities, animal sanctuary and education center and related uses, and the potential to have single family residences. The master plan is being revised to accommodate the revised mix of land uses. A companion growth management plan amendment has been filed for the property. The proposed general commercial uses will be limited only to that portion of the CPUD that is located east of 1st Street N.W. The text of the Estates Shopping Center Sub-district has been modified to describe the newly proposed uses and commercial intensity. The CPUD document and conceptual CPUD master plan have been revised to indicate the limited area for the commercial use with a maximum leasable area of 50,000 square feet. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The planned unit development is located in an area, which has been designated for general commercial development on the County’s Golden Gate Area Future Land Use Map. The overall intensity of the proposed CPUD is being reduced and thus it if more suitable for the area, with commensurate reductions in traffic impacts to the surrounding areas. With the reduction intensity the site can be served by traditional wells for potable water and septic systems for wastewater disposal. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained 9.A.5.d Packet Pg. 1055 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Page 2 of 7 at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant is the sole property owner at the time of this CPUD amendment. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) Future Land Use Element: The property is presently designated Estates Shopping Center Sub-district under the Golden Gate Area Master Plan, which authorizes a maximum of 190,000 square feet of general commercial land uses to be constructed on the 41+/- acre parcel. The CPUD as proposed is consistent with the companion growth management plan amendment. Policies 5.3 and 5.4 of the Future Land Use Element require that rezonings must be consistent with the Growth Management Plan. Upon approval of the companion growth management plan amendment, which will amend the Estates Shopping Center Sub-district, the proposed CPUD amendment may be deemed consistent with the Growth Management Plan. Policies 5.5 and 5.7 of the Future Land Use Element discourage urban sprawl by confining urban intensities of development to those areas designated Urban on the Future Land Use Map. The proposed addition of animal sanctuary and education center, and public park uses, in addition to a reduction to the intensity of the general commercial uses does reduce urban sprawl, and it does provide for intensities of development at the intersection of two of primary roadways serving the northern Golden Gate . Policy 5.6 requires that new developments shall be compatible with and complementary to the surrounding land uses as set forth in the Land Development Code. The proposed uses are a lessening of intensity at a location previously deemed compatible and complementary to the area. The CPUD provides for native preservation areas, enhanced project buffers, and development standards that will insure the project is compatible with the surrounding development. Objective 7 and the implementing policies promote interconnection with adjoining neighborhoods and streets. The project has direct access to 1st Street N.W., 3rd Street N.W. and Wilson Boulevard. The subject site will likely ultimately be developed for three distinct uses. Both the proposed public and semi-public uses will not permit through traffic due to the nature of the uses. One of the uses is for an animal sanctuary, which has State mandated fencing and security needs, which prohibits interconnection to permit through traffic. There are no available connections to the west or north due to development of homes immediately adjacent to the CPUD boundary, and the proposed project buffer and preservation area. 9.A.5.d Packet Pg. 1056 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Page 3 of 7 Transportation Element: Policy 5.1 requires that all projects are evaluated to determine their effect on 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. This CPUD application includes a comprehensive assessment of the transportation impacts associated with the project. Public Facilities Element: The property is served by potable water and sanitary sewer services. Water is provided by the City of Naples and sanitary sewer service is provided by Collier County Utilities. No capacity issues have been identified or are anticipated in the future. The site will require a modification of a previously issued South Florida Water Management District permit for improvements related to the proposed commercial uses on a portion of the site. Conservation and Coastal Management Element: Policy 6.1.1 requires that developments containing native vegetation communities must retain a minimum of 25% of the existing native vegetation on-site for mixed use or commercial developments. The CPUD approval in 2011 required 15% of the existing native vegetation to be retained, which resulted in a preservation area of 4.21 acres to be established for the CPUD. The applicant proposes no changes to the previously established 4.21 acre preserve and is consistent with the policies of the Conservation and Coastal Management Element. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The existing CPUD provides for a 15’ wide Type B landscape buffer which has previously been installed along the property’s western boundary. This buffer type is consistent with that required when a non-residential use abuts a residential use. The applicant has not proposed any modification from the previously required 50’ building setback from the western CPUD boundary, nor have building heights been increased within the CPUD. The amended CPUD as proposed will continue to be internally and externally compatible. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The project will provide a minimum of 30% open space consistent with the requirements of the LDC, which will include native vegetation preserve areas, lakes, buffers and recreational areas. 9.A.5.d Packet Pg. 1057 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Page 4 of 7 f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed development of uses within the CPUD will likely be developed in phases; however, the timing of each phase will be determined by each of the anticipated three separate property owners. Adequate infrastructure will be installed on each site with regard to water and sewage services and site related transportation improvements. g. The ability of the subject property and of surrounding areas to accommodate expansion. The CPUD boundary is not proposed to be modified and cannot be expanded due to existing development to the west, existing public roadways to the south and east. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The CPUD includes development standards and conditions which will assure compatible and complementary development. The deviations which have been requested from the Land Development Code are primarily related to the animal sanctuary and educational center use. Justifications for each deviation have been provided in the supporting information to the CPUD amendment application 10.02.08 - Requirements for Amendments to the Official Zoning Atlas F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. The application as previously discussed above is consistent with the companion growth management plan amendment application for the Estates Shopping Center Sub-district of the Golden Gate Area Master Plan. 2. The existing land use pattern. The subject property is located at the intersection of a collector and arterial roadway, which are two of the primary roadways serving the Northern Golden Gate Estates area. The property 9.A.5.d Packet Pg. 1058 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Page 5 of 7 has been zoned for general commercial land uses since 2009. The proposed uses are of lesser intensity than the prior approval for 190,000 square feet of commercial uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The CPUD is existing and therefore no isolated district is being created. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The boundaries are not illogically drawn and comprise all of the property under the unified control of the applicant. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The applicant has been working with Collier County and the Golden Gate community members to shift much of the commercial intensity to another County owned property on Immokalee Road. The community has been involved in the discussion to modify the CPUD in order to add uses for the proposed public and semi-public uses. The current CPUD needs to be modified to reduce the commercial intensity and to make specific use changes, and development standard changes to accommodate the proposed public and semi-public uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The CPUD document includes a master plan, schedule of uses, development standards, and developer commitments which will ensure that it is compatible with the immediately surrounding properties. The CPUD master plan identifies the location of appropriate buffers and open spaces, which will further ensure that the development of the residential community will have no adverse impact. The other three corners of the Wilson Boulevard/Golden Gate Boulevard intersection have been developed with commercial land uses. The commercial component of this CPUD will be restricted to the area immediately at the Wilson Boulevard/Golden Gate Boulevard intersection consistent with the nearby properties. 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. A traffic impact analysis has been submitted in support of the proposed amendment. No level of service issues have been identified and the commercial portion of site will have access to a 9.A.5.d Packet Pg. 1059 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Page 6 of 7 signalized intersection at Wilson Boulevard and Golden Gate Boulevard. The character of traffic will not be discernably different than that historically permitted for the subject property. 8. Whether the proposed change will create a drainage problem. The project will be required to obtain an Environmental Resource Permit (ERP) through the South Florida Water Management District. The ERP review evaluates historic surface water flows and controls the off-site discharge of stormwater from the site. The project will have internal water management facilities including detention areas to control the drainage for the project. No drainage issues will result from this project. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Given the limitation on building heights, setbacks, and landscape buffering, there will be no reduction in light or air for adjacent properties. 10. Whether the proposed change will adversely affect property values in the adjacent area. The CPUD amendment proposes to reduce the intensity of commercial land uses that have historically been permitted on the property. The uses are controlled by development standards in the CPUD document which provide setbacks from residential land uses and overall development on the site. Development subject to the CPUD standards will not adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. All immediately adjacent properties are developed, and the addition of the public and semi- public uses are less intense than the commercial land uses permitted on the site for nearly a decade should not be a deterrent to improvement or redevelopment 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 CPUD amendment is a companion to a growth management plan amendment. This process does not grant a special privilege to a property owner and the process is consistent with the process outlined in Chapter 163, F.S. for amendments to growth management plan. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 9.A.5.d Packet Pg. 1060 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Page 7 of 7 The existing zoning is Estates Shopping Center CPUD which permits commercial land uses. The amendment is necessary to establish public, semi-public and commercial land use within the CPUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed amendment is in scale with the needs of the neighborhood and Collier County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other adequate sites in the county for the proposed uses; however, this site was previously approved to permitted commercial land uses and is a suitable location for the public and semi-public uses. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The subject property is mostly vegetated and partially developed with single family residences. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There are adequate roadways to the site. There are no public facilities deficiencies at the present time, and none will occur as a result of this project. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. The project is consistent with the proposed amendment to the Estates Shopping Center Sub- district of the Golden Gate Area Master Plan and it is compatible with surrounding development. 9.A.5.d Packet Pg. 1061 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1062 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1063 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1064 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1065 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1066 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1067 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1068 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1069 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1070 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1071 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1072 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1073 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1074 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1075 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1076 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1077 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1078 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.dPacket Pg. 1079Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.dPacket Pg. 1080Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.dPacket Pg. 1081Attachment: ATTACHMENT C - 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PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) K>>/ZKhEdz'KsZEDEd 'ZKtd,DE'DEdWZdDEd ǁǁǁ͘ĐŽůůŝĞƌŐŽǀ͘ŶĞƚ ϮϴϬϬEKZd,,KZ^^,KZ/s EW>^͕&>KZ/ϯϰϭϬϰ ;ϮϯϵͿϮϱϮͲϮϰϬϬ&y ;ϮϯϵͿϮϱϮͲϱϳϮϰ 3OHDVH5HWXUQ$SSURYHG&KHFNOLVW%\(PDLO3HUVRQDOO\SLFNHGXS ASSOLFDQW1DPH 6LJQDWXUHRQ$GGUHVVLQJ&KHFNOLVWGRHVQRWFRQVWLWXWH3URMHFWDQGRU6WUHHW1DPH DSSURYDODQGLVVXEMHFWWRIXUWKHUUHYLHZE\WKH2SHUDWLRQV'LYLVLRQ FOR STAFF USE ONLY FROLR Number Folio Number Folio Number Folio Number )ROLR1XPEHU )ROLR1XPEHU Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED )D[ (PDLO)D[3KRQH 3URMHFWRUGHYHORSPHQWQDPHVSURSRVHGIRURUDOUHDG\DSSHDULQJLQFRQGRPLQLXPGRFXPHQWV LIDSSOLFDWLRQ LQGLFDWHZKHWKHUSURSRVHGRUH[LVWLQJ  Rev. 6/9/2017 Page 2 of 2 04/09/2020 37119840001 For the rest, please see attached. Estates Shopping Center ■ Sharon Umpenhour 239-947-1144 sumpenhour@gradyminor.com 9.A.5.d Packet Pg. 1092 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1093 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)          !" #"  $%#" & "%#" '(   )*+&     !" #"  $%#" & "%#" '(   )*+&& ,%!-.%/ - 0+&    !" #"  $%#" &+ "%#" '(   )*+&+0& 1% 2-1#2.%/ , 0    !" #"  $%#" &+ "%#" '(   ()*+& 1% 2-1#2.%/ , 0    !" #"  $%#" &+& "%#" '(   ()*+& 000    !" #"  $%#" &+0 "%#" '(  3" *+0 ++ 1% 2-1#2.%/ ,     !" #"  $%#" &+ "%#" '(   ()*+& 1% 2-1#2.%/ , +    !" #"  $%#" &+ "%#" '(   ()*+&     !" #"  $%#" & "%#" '(   ()*+&0& 1% 2-1#2.%/ , 00    !" #"  $%#" &+ "%#" '(   ()*+&+ 1% 2-1#2.%/ , &    !" #"  $%#" && "%#" '(   ()*+& 1% 2-1#2.%/ ,     !" #"  $%#" & "%#" '(   ()*+& !#!#-, +    !" #"  $ 1 1  . " , #" + 1% 2-1#2.%/ , 0+    !" #"  $%#" & "%#" '(   ()*+&  !#-, 00    !" #"  $%#" & "%#" '(  - ()&*+  !#-, +    !" #" "%#"  '(   3"*+4 #" -"()&& !#!#-, 9.A.5.d Packet Pg. 1094 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) (VWDWHV6KRSSLQJ&HQWHU6RXUFHV(VUL+(5(*DUPLQ,QWHUPDSLQFUHPHQW3&RUS*(%&286*6)$2 136 15&$1 *HR%DVH ,*1 .DGDVWHU 1/ 2UGQDQFH 6XUYH\ (VUL5RDG&HQWHUOLQHV3ODQQHG8QLW'HYHORSPHQW:HOOILHOGV=RQLQJ/LQNV=RQLQJB([FHSWLRQ=RQLQJB*HQHUDO$0   PL   NP6FUHHQ&DSWXUHRI=RQLQJ0DS&ROOLHU&RXQW\SUBJECT PROPERTY9.A.5.dPacket Pg. 1095Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.d Packet Pg. 1096 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1097 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1098 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1099 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1100 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1101 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1102 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1103 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1104 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1105 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1106 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1107 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1108 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1109 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1110 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1111 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1112 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1113 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1114 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1115 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1116 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1117 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1118 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1119 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1120 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1121 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1122 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1123 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1124 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1125 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 4th ST NE8th ST NE6th ST NE8th ST SE1st ST NW6th ST SE4th ST SE5th ST NW7th ST NW2nd ST NE3rd ST NW9th ST NW1st ST SW2nd ST SE10th ST NE5th ST SW7th ST SW9th ST SW3rd ST SW11th ST NW11th ST SW10TH ST SEWilson BLVD NGolden Gate BLVD W Wilson BLVD SGolden Gate BLVD E Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community ´ Estates Shopping Center Location Map Golden Gate BLVD W 1st ST NW3rd ST NWWilson BLVD N1st ST SW3rd ST SWSource: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community SUBJECT PROPERTY SUBJECT PROPERTY 9.A.5.d Packet Pg. 1126 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1127 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1128 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) retained on site. Include the above referenced calculations and aerials on the SDP or PPL. In a separate report, demonstrate how the preserve criteria pursuant to LDC section 3.05.07 have been meet. Location Maps / Aerials (LDCl 0.02.3.A.2.m) Aerials and location maps have been provided. The site consists of approximately 40.62 acres. Located in Section 4, Township 49, Range 27 in Golden Gate Estates. This project is located at the north west comer of Golden Gate Boulevard and Wilson Boulevard. This project is a compilation of numerous Golden Gate Estate lots. The parcels start at the comer of Wilson and Golden Gate Blvd to 3rd Street NW. This accumulation oflots total 40.62 acres. Some of these parcels have homes with wells ad septic tanks. Some of these lots are fenced in with pets and other impacts/ activities associated with single family homes. See Attached Location Maps, Vegetation Maps / FLUCCS Maps Native Vegetation Calculation (LDC3.05.07.A.) 3.05.07 Preservation Standards This site consists of approximately 40.62 acres. Approximately, 12.81 are impacted with ROW, pump station, and single family homes. That leaves approximately 27.81 acres as native vegetation. The project is required to preserve 15 % and /or approximately 4.17 acres will be preserved. This will be consistent with Goal 6 of Collier County GMP's Objective 6.1 Protect native communities through the application of minimum preservation requirements. Clearly identify the location of all preserves The preserve area has been identified on the site plan. Soil Ground Water Sampling Natural Site An exhibit showing Collier county well field protection zones has been provided. 9.A.5.d Packet Pg. 1129 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1130 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.dPacket Pg. 1131Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.dPacket Pg. 1132Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - GOLDEN GATE BOULEVARD WEST WILSON BOULEVARD NORTH3RD ST NW(C) ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: C-2LAND USE: 7-11CONVENIENCE/GASZONING: E, ESTATESLAND USE: SINGLEFAMILY RESIDENTIALZONING:SNOWY EGRET PLAZA CPUD AND C-3 LAND USE: WALGREENS AND UNDEVELOPED ZONING:E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIALZONING: E, ESTATESLAND USE: SINGLE FAMILY RESIDENTIALZONING:E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL 1ST ST SW(P)(SP)1ST ST NW15' WIDE TYPE 'B' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER 3RD ST SWEXISTING COUNTY WELL 20' WIDE TYPE 'D' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) PRESERVE PRESERVEPRESERVE GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 0 250'125' LEGEND: COMMERCIAL (C) PUBLIC (P) SEMI-PUBLIC (SP) #DEVIATION 1 2 3 33 9.A.5.d Packet Pg. 1133 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - GOLDEN GATE BOULEVARD WEST WILSON BOULEVARD NORTH3RD ST NW(C) ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: C-2LAND USE: 7-11CONVENIENCE/GASZONING: E, ESTATESLAND USE: SINGLEFAMILY RESIDENTIALZONING:SNOWY EGRET PLAZA CPUD AND C-3 LAND USE: WALGREENS AND UNDEVELOPED ZONING:E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIALZONING: E, ESTATESLAND USE: SINGLE FAMILY RESIDENTIALZONING:E, ESTATES LAND USE: SINGLE FAMILY RESIDENTIAL 1ST ST SW(P)(SP)1ST ST NW15' WIDE TYPE 'B' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER 3RD ST SWEXISTING COUNTY WELL 20' WIDE TYPE 'D' LANDSCAPE BUFFER 15' WIDE TYPE 'B' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER 20' WIDE TYPE 'D' LANDSCAPE BUFFER MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) MINIMUM 6-FOOT WIDE LANDSCAPE BUFFER RESERVATION (SEE NOTE #2) PRESERVE PRESERVEPRESERVE GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 0 250'125' LEGEND: COMMERCIAL (C) PUBLIC (P) SEMI-PUBLIC (SP) #DEVIATION 1 2 3 33 9.A.5.d Packet Pg. 1134 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.d Packet Pg. 1135 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1136 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1137 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1138 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1139 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1140 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1141 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1142 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1143 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1144 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1145 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1146 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1147 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1148 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1149 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1150 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1151 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1152 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1153 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.dPacket Pg. 1154Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.dPacket Pg. 1155Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.d Packet Pg. 1156 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1157 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1158 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1159 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1160 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1161 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1162 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.dPacket Pg. 1163Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.dPacket Pg. 1164Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.d Packet Pg. 1165 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1166 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1167 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1168 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1169 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1170 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.dPacket Pg. 1171Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.dPacket Pg. 1172Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 -          9.A.5.d Packet Pg. 1173 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)          9.A.5.d Packet Pg. 1174 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)          9.A.5.d Packet Pg. 1175 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)          9.A.5.d Packet Pg. 1176 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)          9.A.5.d Packet Pg. 1177 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)          9.A.5.d Packet Pg. 1178 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)          9.A.5.d Packet Pg. 1179 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)          9.A.5.d Packet Pg. 1180 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)          9.A.5.d Packet Pg. 1181 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)         9.A.5.dPacket Pg. 1182Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 -          9.A.5.d Packet Pg. 1183 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)         9.A.5.dPacket Pg. 1184Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 -         9.A.5.dPacket Pg. 1185Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 -          9.A.5.d Packet Pg. 1186 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)          9.A.5.d Packet Pg. 1187 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA)          9.A.5.d Packet Pg. 1188 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) ORDINANCE NO. 11- 30 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO, , 2004-41, AS AMENDED, THE COLLIER COUNTY LAND- DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY FOR THE PROJECT TO BE KNOWN AS THE ESTATES SHOPPING CENTER CPUD TO ALLOW UP TO 150,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE GOLDEN GATE BOULEVARD AND WILSON BOULEVARD INTERSECTION IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 41+/- ACRES; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ-PL2009-1017) WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., representing Kenneth R. Johnson, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described property; and WHEREAS, the subject property is located in a Wellfield Risk Management Special Treatment Overlay, zones W-I, W-2 and W-3, which are not changed by this PUD Ordinance. 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 4, Township 49 South, Range 27 East, Collier County, Florida is changed from an Estates (E) zoning district with a Well field Risk Management Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) with a Wellfield Risk Management Special Treatment Estates Shopping Center \ PUDZ-PL2009-1 0 17 Rev. 9/15/11 - FINAL 1 of 2 9.A.5.d Packet Pg. 1189 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Overlay for a 41 +/ - parcel to be known as the Estates Shopping Center CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and after the comprehensive plan amendment in Ordinance No. 2011-29, which created the Estates Shopping Center Subdistrict, becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this \ 4- day of ~ 2011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: F~O~~,?:t- Approved as to form d I gal sufficiency: eidi s ton-Cicko Assistant County Attorney Section Chief, Land Use/Transportation Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - Developer Commitments Exhibit E.C.1 a-I st Street NW Landscape Buffer Exhibit E.C.l b - 3rd Street NW Landscape Buffer Exhibit E. C.l c - Wilson Boulevard Landscape Buffer Exhibit E.C.I d - Golden Gate Boulevard Landscape Buffer Exhibit E.C.I e - Tract 106 Enhanced Landscape Buffer Exhibit E.C.l f - Supplemental Planting Exhibit F - List of Requested Deviations This ordinance filed with the f ". . I 01~f'l-o th,~ cre~l"lry 0 .....ore $ . '-~".. ct' ~~wY?-ohdClYof ! --;-:-~ cH~d cri<"'v"\";1t./!cdae:nent or tnct W\ -! . f.' :-0 ~"'-ol'"od, r'~ '5 (..iOyHtli.; 1....<...."-" v\...< l.. of (iil~e..v- 2.0 II . B' PV'-~--UJ-;)\. +,y. 0<1-" "'J de kpo.l<" ,. I U CP\I O-CPS-O 1 006\58 Estates Shopping Center \ PUDZ-PL2009-1 0 17 Rev.9/15/II-FINAL 2of2 9.A.5.d Packet Pg. 1190 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) EXHIBIT A FOR ESTATES SHOPPING CENTER CPUD A. COMMERCIAL I. 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: A. Principal Uses: I. Amusement and recreation Groups 7911 - Dance studios, schools and halls, excluding discotheques 7991 - Physical fitness facilities 7999 - Amusement and recreation services, not elsewhere classified, allowing only day camps, gymnastics instruction, judolkarate instruction, sporting goods rental and yoga instruction (excludes NEC Recreational Shooting Ranges, Waterslides, etc.) 2. Apparel and accessory stores (no adult oriented sales) Groups 5611 - Men's and boys' clothing and accessory stores 5621 - Women's clothing stores 5632 - Women's accessory and specialty stores 5641 - Children's and infants' wear stores 5651 - Family clothing stores 5661 - Shoe stores 5699 - Miscellaneous apparel and accessory stores 3. Automotive dealers and gasoline service stations Groups 5531 - Auto and home supply stores 4. Automotive repair, services and parking (no outdoor repair/service. All repairs/services to be performed by authorized automotive technician.) Groups 7514 - Passenger car rental 5. Building materials, hardware, garden supply, and mobile home dealers Groups 5231 - Paint, glass, and wallpaper stores 5251 - Hardware stores 5261 - Retail nurseries, lawn and garden supply stores 6. Business services Groups 7334 - Photocopying and duplicating services 7335 - Commercial photography 7336 - Commercial art and graphic design 7338 - Secretarial and court reporting services 7342 - Disinfecting and pest control services 7359 - Equipment rental and leasing, not elsewhere classified (excluding the following uses): Airplane rental and leasing Coin operated machine rental and leasing Industrial truck rental and leasing Page I of 20 September 14,2011 9.A.5.d Packet Pg. 1191 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Oil field equipment rental and leasing Oil well drilling equipment rental and leasing Toilets, portable rental and leasing Vending machines, rental only 7371 - Computer programming services 7372 - Prepackaged software 7373 - Computer integrated systems design 7374 - Computer processing and data preparation and processing services 7375 - Information retrieval services 7376 - Computer facilities management services 7379 - Computer related services, not elsewhere classified 7382 - Security systems services 7383 - News syndicates 7384 - Photofinishing laboratories 7389 - Business services, not elsewhere classified 7. Communications Groups 4812 - Radiotelephone communications 4841 - Cable and other pay television services 8. Construction special trade contractors (office use only, no on-site materials or equipment storage) Groups 1711 - Plumbing, heating and air-conditioning 1721 - Painting and paper hanging industry 1731 - Electrical work industry 1741 - Masonry, stone setting, and other stone work 1742 - Plastering, drywall, acoustical, and insulation work 1743 - Terrazzo, tile, marble, and mosaic work industry 1751 - Carpentry work 1752 - Floor laying and other floor work, not elsewhere classified industry 1761 - Roofing, siding, and sheet metal work industry 1 771 - Concrete work industry 1781 - Water well drilling industry 1791 - Structural steel erection 1793 - Glass and glazing work 1794 - Excavation work 1795 - Wrecking and demolition work 1796 - Installation or erection of building equipment, not elsewhere 1799 - Special trade contractors, not elsewhere classified 9. Depository institutions Groups 6021 - National commercial banks 6022 - State commercial banks 6029 - Commercial banks, not elsewhere classified 6035 - Savings institutions, federally chartered 6036 - Savings Institutions, not federally chartered 6061 - Credit unions, federally chartered 6062 - Credit unions, not federally chartered 6091 - Non-deposit trust facilities 6099 - Functions related to depository banking, not elsewhere classified Page 2 of 20 September 14,2011 9.A.5.d Packet Pg. 1192 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 10. Eating and drinking places (Group 5812, including only liquor service accessory to the restaurant use, no outdoor music or televisions, no windows or walls permitted to be open to the outside, except as required by code.) 11. Executive, legislative, and general government, except finance Groups 9111 - Executive offices 9121 - Legislative bodies 9131 - Executive and legislative offices combined 9199 - General government, not elsewhere classified 12. Food stores Groups 5411 - Grocery stores (one must be a minimum 27,000 square feet) 5421 - Meat and fish (seafood) markets, including freezer provisioners 5431 - Fruit and vegetable markets 5441 - Candy, nut, and confectionery stores 5451 - Dairy products stores 5461 - Retail bakeries 5499 - Miscellaneous food stores, including convenience stores with fuel pumps (Tract B only) 13. General merchandise stores Groups 5311 - Department stores 5331 - Variety stores 5399 - Miscellaneous general merchandise stores 14. Home furniture, furnishings, and equipment stores Groups 5712 - Furniture stores 5713 - Floor covering stores 5714 - Drapery, curtain, and upholstery stores 5719 - Miscellaneous home furnishings stores 5722 - Household appliance stores 5731 - Radio, television, and consumer electronics stores 5734 - Computer and computer software stores 5735 - Record and prerecorded tape stores (no adult oriented sales) 5736 - Musical instrument stores 15. Insurance carriers Groups 6311 - Life insurance 6321 - Accident and health insurance 6324 - Hospital and medical service plans 6331 - Fire, marine, and casualty insurance 6351 - Surety insurance 6361 - Title insurance 6371 - Pension, health and welfare funds 6399 - Insurance carriers, not elsewhere classified 6411 - Insurance agents 16. Justice, public order and safety Groups 9221 - Police protection 9222 - Legal counsel and prosecution 9229 - Public order and safety, not elsewhere classified 17. Meeting and banquet rooms Page 3 of 20 September 14, 2011 9.A.5.d Packet Pg. 1193 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 18. Miscellaneous retail (no adult oriented sales) Groups 5912 - Drug stores and proprietary stores 5921 - Liquor stores (accessory to grocery or pharmacy only) 5932 - Used merchandise stores 5941 - Sporting goods stores and bicycle shops 5942 - Book stores 5943 - Stationery stores 5944 - Jewelry stores, including repair 5945 - Hobby, toy, and game shops 5946 - Camera and photographic supply stores 5947 - Gift, novelty, and souvenir shops 5948 - Luggage and leather goods stores 5949 - Sewing, needlework, and piece goods stores 5992 - Florists 5993 - Tobacco stores and stands 5994 - News dealers and newsstands 5999- Miscellaneous retail stores, not elsewhere classified (excluding gravestone, tombstones, auction rooms, monuments, swimming pools, and sales barns) 19. Non-depository credit institutions Groups 6111 - Federal and federally-sponsored credit agencies 6141 - Personal credit institutions 6153 -Short-term business credit institutions, except agricultural 6159 - Miscellaneous business credit institutions 6162 - Mortgage bankers and loan correspondents 6163 - Loan brokers 20. Offices and clinics of dentist (Group 8021) 21. Personal services Groups 7212 - Garment pressing, and agents for laundries and drycleaners 7221 - Photographic studios, portrait 723 1 - Beauty shops 7241 - Barber shops 7251 - Shoe repair shops and shoeshine parlors 7291 - Tax return preparation services 7299 - Miscellaneous personal services, not elsewhere classified, excluding massage parlors, Turkish baths and escort services 22. Public finance, taxation, and monetary policy (Group 9311) 23. Real Estate Groups 6512 - Operators of nonresidential buildings 6513 - Operators of apartment buildings 6514 - Operators of dwellings other than apartment buildings 6515 - Operators of residential mobile home sites 6517 - Lessors of railroad property 6519 - Lessors of real property, not elsewhere classified 6531 - Real estate agents and managers 6541 - Title abstract offices 6552 - Land subdividers and developers, except cemeteries Page 4 of 20 September 14,2011 9.A.5.d Packet Pg. 1194 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1195 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1196 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 5. Outdoor music: Outdoor music is prohibited for all uses within the PUD. B. PRESERVE No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the CPUD Master Plan, that is required to be a minimum of 4.21 acres, other than those uses allowed by Section 3.05.07 H.l.h. of the LDC, or any successor provision. I. Principal Uses: a. Native preserves b. Water management c. Mitigation areas d. Hiking trails, boardwalks, shelter, or other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes. e. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or designee determines to be compatible in the Preserve Area. DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. 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 SOP or Subdivision plat. Page 7 of 20 September 14,2011 9.A.5.d Packet Pg. 1197 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) EXHIBIT B FOR EST A TES SHOPPING CENTER CPUD T ABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIP AL USES ACCESSORY USESJ MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 75 Ft. N/A MINIMUM YARDS (External) From Wilson Boulevard 50 Ft. 45 Ft. From Golden Gate Boulevard 55 Ft. 15 Ft. From Northern Project Boundary 125 Ft. 125 Ft. 4 From 3rd Street NW 300 Ft. 100 Ft. From 151 Street NW 35 Ft. 30 Ft. MINIMUM YARDS (Internal) Internal Drives/ROW 20 Ft. 5 Ft. Rear 15 Ft. 10Ft. Side 10 Ft. 10Ft. Preserve 25 Ft. 10 Ft. MIN. DISTANCE BETWEEN STRUCTURES 20 Ft. or ~ the sum of N/A the building heights I MAXIMUM HEIGHT (single story only) loned 35 Ft. 35 Ft. Actual 45 Ft. 35 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. N/A MAX. GROSS COMMERCIAL BUILDING 150,000 Sq. Ft. N/A AREA 2, 5 I Whichever is greater. 2 Developer will limit single users to no greater than fifteen thousand (15,000) square feet in size, except for: One (1) grocery store user between twenty-seven thousand (27.000) and sixty thousand (60,000) square feet in size; One (1) commercial user up to thirty thousand (30.000) square feet in size; and One (1) commercial user up to twenty thousand (20,000) square feet in size. The grocery store must be constructed and receive the first certificate of occupancy as part of the first phase of construction. 3 Accessory uses such as fences/walls, dumpsters, bus shelters, signage, and similar structures are not required to meet the minimum principal or accessory setbacks as listed in Exhibit 8, Table 1, above, however they are subject to Sections 2.0\.02, 4.02.02,4.02.03 and 5.06 of the LDC. 4 Except the utility building shall not be located closer than 75 feet to the northern property line. 5 No building may exceed 30,000 square feet in size, except for the grocery anchored building with inline stores. Page 8 of 20 September 14,2011 9.A.5.d Packet Pg. 1198 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.dPacket Pg. 1199Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - EXHIBIT D FOR ESTATES SHOPPING CENTER CPUD LEGAL DESCRIPTION A PORTION OF GOLDEN GATE ESTATES, UNIT NO.ll, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES, UNIT NO.ll, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89040'50" WEST, ALONG THE SOUTH LINE OF SAID GOLDEN GA TE ESTATES, UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No.ll; THENCE RUN NORTH 00019'10" EAST, FOR A DISTANCE OF 860.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE ESTATES UNIT No.ll; THENCE RUN SOUTH 89040'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 111 OF SAID GOLDEN GATE ESTATES, UNIT No.II; THENCE RUN NORTH 00019'10" EAST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 89040'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 00019'10" WEST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 142 OF SAID GOLDEN GATE ESTATES, UNIT No.ll; THENCE RUN SOUTH 89040'50" EAST, FOR A DISTANCE OF 680.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 180 FEET OF SA ID TRACT 142; THENCE RUN SOUTH 00019'10" WEST, FOR A DISTANCE OF 860.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 40.62 ACRES, MORE OR LESS. Page 10 of20 September 14,2011 9.A.5.d Packet Pg. 1200 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) EXHIBIT E FOR EST A TES SHOPPING CENTER CPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Estates Shopping Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. TRANSPORT A nON The development of this MPUD shall be subject to and governed by the following conditions: I. Right-of-Way for Golden Gate Boulevard Expansion and Right-of-Way for the Wilson Boulevard Expansion will be donated to the County at no cost to County within 120 days of a written request from the County. 2. The County will allow construction of a full median opening at the project entrance between 1 st and 3rd, after approval of right of way permit. The design and construction shall be the responsibility of the developer. Should the project entrance access point meet signal warrants and if approved by the county, the developer will be responsible for all design and construction/installation costs of a traffic signal. The County reserves the right to modify the median opening should safety or documented capacity conflicts develop. Signalization, if warranted, must also be timed with the existing signal at Golden Gate Boulevard and Wilson Boulevard, with the Wilson Boulevard and Golden Gate Boulevard signal prioritized for green time. 3. The first phase of development, inclusive of the required grocery store and recognized to be no greater than 100,000 square feet, shall have a proportionate share responsibility towards intersection improvements at Wilson and Golden Gate Boulevard. 4. The last 50,000 square feet of the project shall not receive SOP approval from the Growth Management Division until commencement of County's proposed improvements to the intersection of Golden Gate Boulevard and Wilson Boulevard, unless the Developer has elected to commence construction of the intersection improvements in advance of the County (the non-site related portion of the cost of said improvements shall be eligible for road impact fee credits). No certificates of occupancy shall be issued for this phase until said intersection improvements are complete. This phase shall also have proportionate share responsibility toward the cost of the intersection of Wilson and Golden Gate Boulevard. For the purposes of this commitment "intersection improvements" shall mean four lanes of approaching and departing traffic travelling north/south and east/west and dual left turn lanes and right turn lanes in all directions except the southbound right turn lane on Wilson Boulevard being a dual right turn lane. 5. Access points shown on the Master Plan are conceptual. Page II of20 September 14, 20 II 9.A.5.d Packet Pg. 1201 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 6. Up to four primary project access locations are proposed. Access points will be determined at Site Development Plan review in accordance with the County Access Management Policy: 1. One direct connection to Wilson Boulevard is proposed; located as far to the North as can be reasonably accommodated on the final SOP. 11. Access to Golden Gate Blvd via 1st Street NW is proposed. iii. Access to Golden Gate Boulevard between 1st Street NW and 3rd Street NW is proposed. Refer to condition no. 2 above, referring to signalization. iv. Access to Golden Gate Blvd via 3rd Street NW is proposed. 7. The developer shaII add signage at project entrance on 3rd Street NW prohibiting truck and/or delivery traffic. B. BUS SHELTERS 1. The developer shall install or make payment in lieu of construction for two school bus stop shelters, which shall be instalIed at or near the intersection of 1 sl Street N. W. and Golden Gate Boulevard. If authorized by the School District the shelter size and location shall be coordinated with the Collier County School District. Installation of the shelters shall be concurrent with issuance of the first building certificate of occupancy if constructed by Developer. 2. At the request of Collier County, the developer shaII install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location will be determined during site development plan review for Phase 2 of the project. If constructed by County, owner shall convey to County an easement for the bus shelter at no cost to County. C. LANDSCAPE BUFFERS 1. Any portion of the Project directly abutting residential property (property zoned E- Estates and without an approved conditional use) shall provide, at a minimum, a seventy-five (75) feet wide buffer, except the westernmost 330' of Tract 106, which shaII provide a minimum 20' wide buffer in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained or re-planted native vegetation and must be consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be revegetated to meet subsection 3.05.07.H of the LDC (native vegetation replanting requirements). AdditionalIy, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District Page 12 of20 September 14, 2011 9.A.5.d Packet Pg. 1202 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. c. If the project is reviewed by Collier County, the Developer's engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. 2. Landscape buffers adjacent to external rights-of-way shall be: 1 st/3rd Streets - Minimum 30' wide enhanced buffer (Exhibit E.C.1 a and Exhibit E.C.1b) Wilson Boulevard - Minimum 25' wide enhanced buffer (Exhibit E.C.l c) Golden Gate Boulevard - Minimum 50' wide enhanced buffer (Exhibit E.C.ld) 3. The seventy-five foot wide vegetative preserve/buffer identified and located along the northern property boundary shall retain existing native vegetation. Where the existing vegetation does not meet the requirements of the LDC, the owner or its successors shall replant and supplement native vegetation at all three vegetative strata as required by the LDC. Plant materials must be native species compatible with vegetation existing within the preserve area. These supplemental plantings must occur concurrent with the first phase of development on the site. The mid-story vegetative plant material may be clustered near the northern preserve edge in order to address fire safety concerns. The replanted preserve must be 80 percent opaque within one year at six feet in height. Please refer to Exhibit E.C.l f for details. 4. Along the northern boundary of Tract A of the Conceptual PUD Master Plan, the Developer shall be required to install a six foot high sound wall adjacent to the preserve/landscape buffer area as depicted on Exhibit C, Master Plan.. The six foot height shall be measured from the adjacent drive aisle or 1st Street NW, whichever is greater. The wall shall be installed concurrent with the commencement of site work for the first phase of commercial development on Tract A. O. ENVIRONMENTAL 1. A minimum of 15% of the on-site native vegetation must be retained. 28.09:1: acres of native vegetation exists requiring preservation of 4.21:1: acres of native vegetation. See calculation below. (40.62:1: acres (total site) - 12.53:1: acres (7.54 ac. single family homes, 4.90 ac. row, .09 ac. pump station) = 28.09:1: acres (native vegetation) x 15% = 4.21:1: acres (required preserve). 2. A Black Bear Management Plan and a Fox Squirrel Management Plan are to be submitted at the time of SOP. Page 13 of20 September 14, 20 II 9.A.5.d Packet Pg. 1203 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.dPacket Pg. 1204Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.dPacket Pg. 1205Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.dPacket Pg. 1206Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.dPacket Pg. 1207Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.dPacket Pg. 1208Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - 9.A.5.dPacket Pg. 1209Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - EXHIBIT F FOR EST A TES SHOPPING CENTER CPUD LIST OF REQUESTED DEVIATIONS I. Deviation from Land Development Code (LDC) Section 3.05.07.H.l.h.iii, Preserve Standards, which requires a five foot minimum setback from Preserve, to permit a sound wall to be constructed adjacent to the preserve in the location depicted on Exhibit C, Master Plan. Page 20 of 20 September 14,2011 9.A.5.d Packet Pg. 1210 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011-30 Which was adopted by the Board of County Commissioners on the 14th day of September, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of September, 2011. By: Martha Deputy I 9.A.5.d Packet Pg. 1211 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1212 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) July 14, 2021 Page 1 of 2 RCESC-19 Deviation Justification-r4.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Estates Shopping Center CPUD (PL20190002354) Deviation Justification 1. Deviation 1 seeks relief from LDC Section 5.03.02 D.1., “Fences and Walls, Excluding Sound Walls”, which requires fences or walls shall be limited to a maximum height of 8 feet to instead allow a combination wall/berm of up to 12 feet for the perimeter and internal enclosures of the Shy Wolf tract containing animal enclosures. Justification: According to FAC 68A-6.0122 - Standard Caging Requirements for Wild Felines, section 1(c), outdoor cages over 1,000 square feet (uncovered) shall have vertical jump walls at least 10 feet high, with a 2-foot, 45 degree, inward angle overhang, or jump walls at least 12 feet high, without an overhang. Moreover, according to FAC 68A-6.0123 - Standard Caging Requirements for Wild Canids. Section (3)(c), Wolves, outdoor cages over 1,000 square feet (uncovered) shall have vertical jump walls at least 8 feet high, with a 45-degree inward angle overhang 2 feet wide or, jump walls 10 feet high without an overhang. 2. Deviation 2 seeks relief from LDC Section 4.06.02 C.4., “Buffer Requirements” which requires developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of- way to instead allow the buffer depth to be reduced to 14 feet along the building area and associated driveway and parking. Justification: The southernmost home is 14.1’ from the right-of-way easement. The structure will continue to serve the Shy Wolf development. The deviation is not to reduce the planting requirement but rather to allow the existing structure to remain and reduce the buffer depth along the façade of the building, driveway and parking area accordingly. 3. Deviation 3 seeks relief from LDC Section 3.05.07 A.5., “Preservation Standards”, which requires preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors, to allow the onsite preserves to be non-contiguous. Justification: The deviation is warranted due to several factors. One, the site has been previously impacted and developed with single family homes. This development activity, while it has allowed for the retention of native upland vegetation, is not contiguous to any other native vegetation preservation area. While portions of the overall property have not yet been developed and 9.A.5.d Packet Pg. 1213 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) July 14, 2021 Page 2 of 2 RCESC-19 Deviation Justification-r4.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com remain vegetated, the parcel is platted and could be developed with single-family homes with no requirement to provide native vegetation preservation. The areas included in the preserve on the PUD Master Plan will be revegetated in accordance with the preserve criteria in the LDC. The site will likely be developed by three separate entities, thus the three development area designations on the Master Plan; therefore, providing all of the required native vegetation preserve on a single entity is not equitable. Further, the area depicted as preserve on the conceptual PUD Master Plan is consistent with the preserve location incorporated into the Estates Shopping Center subdistrict of the GGAMP. 9.A.5.d Packet Pg. 1214 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.dPacket Pg. 1215Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Project Location Map NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002353 Estates Shopping Center Subdistrict (GMPA) and PL20190002354, Estates Shopping Center CPUD Amendment (PUDA) A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Richard D. Yovanovich as Successor Trustee (Applicant) will be held on Wednesday, December 9, 2020, 5:30 pm at North Collier Regional Park Exhibit Hall – Room A, 15000 Livingston Road, Naples 34109. Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor.com, phone: 239-947-1144, or mail: 3800 Via Del Rey, Bonita Springs, FL 34134. Project information is posted online at www.gradyminor.com/planning. Richard D. Yovanovich as Successor Trustee has submitted formal applications to Collier County, seeking approval of a Growth Management Plan (GMP) Amendment and a Planned Unit Development (PUD) Amendment. The GMP amendment proposes to amend the subdistrict to reduce the general commercial square footage to a maximum of 50,000 square feet and to allow public and semi-public uses in the subdistrict in addition to the general commercial uses. The companion PUD amendment proposes to amend the CPUD in order to modify the permitted uses and master plan, by reducing the maximum square footage of general commercial uses from 150,000 square feet to 50,000 square feet, adding public and semi-public land uses that will include uses such as County owned public facilities, animal sanctuary and education center and related uses, and the potential to have single family and multi-family residences. The master plan is being revised to accommodate the revised mix of land uses. The subject property is comprised of 40.62± acres located on the north side of Golden Gate Boulevard between 3rd Street N.W. and Wilson Boulevard North in Section 04, Township 49 South, Range 27 East, Collier County, Florida. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. 9.A.5.d Packet Pg. 1216 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 1NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPE23 GOLDEN GATE & WILLIAMS LLC 900 SW PINE ISLAND RD # 202CAPE CORAL, FL 33991---0 GOLDEN GATE EST UNIT 14 TR 1, LESS THE S 330FT OF TR 137280040002 U7-ELEVEN INCS LLC ONE ARTS PLAZA 1722 ROUTH STREET STE 1000 DALLAS, TX 75201---0 GOLDEN GATE EST UNIT 14 S 330FT OF TRACT 137280040109 U850.018 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 TR 14337119840001 U850.018 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 TR 14437119880003 U850.023 LAND TRUST % CROWN MGMT SERVICES 207 CHERRY HILL DR PRESTO, PA 15142---1087 GOLDEN GATE EST UNIT 11 E 150FT OF TR 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Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.Petition: PL20190002353(GMPA) & PL20190002354(PUDA) | Buffer: 1000' | Date: 11/3/2020 | Site Location: Estates Shopping Center CPUDPOList_1000_PL20190002353-PL20190002354.xls9.A.5.dPacket Pg. 1217Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 2MC KAY, JEFFREY P & MARY ANN 171 2ND ST NENAPLES, FL 34120---2008 GOLDEN GATE EST UNIT 14 N 75FT OF S 150FT OF TR 33 OR 1761 PG 290 37282440008 UMCELHINNEY, EDWARD & THANH 110 3RD ST SWNAPLES, FL 34117---0 GOLDEN GATE EST UNIT 12, THE N 1/2 OF TR 9037166960002 UMEDINA, ALEXIS GIOVANNI KATHLEEN MEDINA 181 WILSON BLVD N NAPLES, FL 34120---0 GOLDEN GATE EST UNIT 11 S 75FT OF N 180FT OF TR 141 OR 1254 PG 818 37119640007 UMEDINA, ESTELLA 140 GOLDEN GATE BLVD WNAPLES, FL 34120---2165 GOLDEN GATE EST UNIT 12 W 75FT OF TR 12337169400006 UMEJIA, CELIA 220 1ST ST NWNAPLES, FL 34120---5033 GOLDEN GATE EST 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209037116680002 USORIERO, LINDA MARIA 230 GOLDEN GATE BLVD WNAPLES, FL 34120---5114 GOLDEN GATE EST UNIT 12 W 150FT OF TR 8937166880001 USOSA, MAIKEL J GROMAS 171 WILSON BLVD NNAPLES, FL 34120---0 GOLDEN GATE EST UNIT 11 N 75FT OF S 150FT OF TR 14137119600005 USOSA, MIGUEL A CRYSTAL ZAMARRIPA SOSA 211 3RD ST NW NAPLES, FL 34120---0 GOLDEN GATE EST UNIT 11 S1/2 OF TR 7737115161001 USTROPE, HARRY C 141 3RD ST SWNAPLES, FL 34117---2110 GOLDEN GATE EST UNIT 12 S 150FT OF TR 8537166520002 UTAPLEY, MATTHEW P & JEANNE M 444 GOLDEN GATE BLVD WNAPLES, FL 34120---2167 GOLDEN GATE EST UNIT 12 W 75FT OF E 150FT OF TR 8637166600003 UTEATERS, MARK & SHELLY 140 WILSON BLVD SNAPLES, FL 34117---9331 GOLDEN GATE EST UNIT 13 S 165 FT OF TR 16 AND THAT PORTION DESC AS FOLL: COM AT SW CNR OF TR 16, THEN N 00DEG 19'10"E 37221080005 UTHACKSTON, GLENDA SUE 196 RIVERWOOD RDNAPLES, FL 34114---0 GOLDEN GATE EST UNIT 14 N 180FT OF TR 6 OR 1207 PG 6737280440000 UTORO, AIMER MORA 470 GOLDEN GATE BLVD WNAPLES, FL 34120---2167 GOLDEN GATE EST UNIT 12 E 150FT OF TR 5237163880004 UTOWNSEND, RICHARD 81 GOLDEN GATE BLVD ENAPLES, FL 34120---9305 GOLDEN GATE EST UNIT 14 W 150FT OF TR 237280080004 UTOWNSEND, RICHARD RAY 81 GOLDEN GATE BLVD ENAPLES, FL 34120---9305 GOLDEN GATE EST UNIT 14 W 75FT OF E 180FT OF TR 237280160005 UVALDES, RAFAEL ANGEL 10000 NW 80TH CT APT 2411HIALEAH, FL 33016---2232 GOLDEN GATE EST UNIT 11 S 150FT OF TR 69 OR 1588 PG 102437114360007 UVILSAINT, GILENE MARC ESPERANDIEU VILSAINT 121 1ST ST SW NAPLES, FL 34117---0 GOLDEN GATE EST UNIT 12 S 75FT OF N 180FT OF TR 12137169120001 UVISCEGLIE, NANCY REATH 110 1ST ST SWNAPLES, FL 34117---0 GOLDEN GATE EST UNIT 12 S 180FT OF TR 12637169560001 UWALGREEN CO REAL ESTATE PROPERTY TAX PO BOX 1159 DEERFIELD, IL 60015---6002 GOLDEN GATE EST UNIT 12 TR 125, LESS THAT PORTION AS DESC IN OR 4341 PG 779 FOR R/W 37169520009 UWALLEN, TIMOTHY J & LINDA M 111 3RD ST NWNAPLES, FL 34120---2014 GOLDEN GATE EST UNIT 11 S 105 FT OF TR 7537114960009 UWARD JR, DONALD R 4290 3RD AVE NWNAPLES, FL 34119---0 GOLDEN GATE EST UNIT 11 N 150FT OF TR 140 OR 1979 PG 65437119520004 UWHITE, EDWARD P & ANGELLA G 160 GOLDEN GATE BLVD WNAPLES, FL 34120---0 GOLDEN GATE EST UNIT 12 E 150FT OF TR 12237169240004 UWOODRUFF, JOSHUA D & CHELSEA R 140 5TH ST NWNAPLES, FL 34120---0 GOLDEN GATE EST UNIT 11 N 150FT OF TR 7037114400103 UYEPES, MICHAEL VERONICA CARATTINI 7767 JEWEL LN #201 NAPLES, FL 34109---0 GOLDEN GATE EST UNIT 11 S 75FT OF N 180FT OF TR 139 & E 284.75FT OF N 105FT OF TR 139, LESS W 398.65FT OF S 75FT OF 37119480005 UZANGRILLO, CHRISTINA 181 3RD ST NWNAPLES, FL 34120---2014 GOLDEN GATE EST UNIT 11 N 180FT OF TR 7637115120000 UGGEACAPO Box 990596Naples, FL 34116POList_1000_PL20190002353-PL20190002354.xls9.A.5.dPacket Pg. 1218Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002353 Estates Shopping Center Subdistrict (GMPA)and PL20190002354,Estates Shopping Center CPUD Amendment (PUDA) A Neighborhood Information Meeting hosted by D.Wa yne Arnold,AICP,of Q.Grady Minor and Associates,P.A.and Richard D.Yo vanovich,Esq.of Coleman,Yo vanovich &Koester,P.A.,representing Richard D.Yo vanovich as Successor Tr ustee (Applicant)will be held on Wednesday,December 9,2020,5:30 pm at North Collier Regional Park Exhibit Hall –Room A,15000 Livingston Road,Naples 34109.Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour,Senior Planning Te chnician with Q.Grady Minor &Associates, P.A.by email:sumpenhour@gradyminor.com,phone:239-947-1144,or mail: 3800 Via Del Rey,Bonita Springs,FL 34134.Project information is posted online at www.gradyminor.com/planning. Richard D.Yo vanovich as Successor Tr ustee has submitted formal applications to Collier County,seeking approval of a Growth Management Plan (GMP)Amendment and a Planned Unit Development (PUD)Amendment. The GMP amendment proposes to amend the subdistrict to reduce the general commercial square footage to a maximum of 50,000 square feet and to allow public and semi-public uses in the subdistrict in addition to the general commercial uses.The companion PUD amendment proposes to amend the CPUD in order to modify the permitted uses and master plan, by reducing the maximum square footage of general commercial uses from 150,000 square feet to 50,000 square feet,adding public and semi-public land uses that will include uses such as County owned public facilities, animal sanctuary and education center and related uses,and the potential to have single family and multi-family residences.The master plan is being revised to accommodate the revised mix of land uses. The subject property is comprised of 40.62±acres located on the north side of Golden Gate Boulevard between 3rd Street N.W.and Wilson Boulevard North in Section 04,To wnship 49 South,Range 27 East,Collier County, Florida. The Neighborhood Information Meeting is for informational purposes,it is not a public hearing. 9.A.5.d Packet Pg. 1219 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping 9.A.5.d Packet Pg. 1220 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1221 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Randall Curve MPUD and Estates Shopping Center December 9, 2020 NIM - Zoom Participants First Name Last Name Email Registration Time Approval Status Jill Rosenfeld jillfrosenfeld@gmail.com 12/9/2020 18:25 approved David Dlugolenski dd@sagestonepartners.com 12/9/2020 17:31 approved Adam Brown ab@sagestonepartners.com 12/9/2020 17:31 approved Quincy Jones tquincyjones@gmail.com 12/9/2020 17:31 approved Robert Anderson ander100@comcast.net 12/9/2020 17:28 approved Maggie Kemp mkemp@comcast.net 12/9/2020 17:06 approved Michele Vaughan michele@davisgroupga.com 12/9/2020 17:01 approved Jillian Shaw jillian@davisgroupga.com 12/9/2020 16:59 approved Collin Johnson Collin@coastal-it.com 12/9/2020 16:42 approved Ty Thrasher tythrasher@outlook.com 12/9/2020 16:01 approved Corby Schmidt Corby.Schmidt@colliercountyfl.gov 12/9/2020 14:03 approved Billy Chambers billy@davisgroupga.com 12/9/2020 12:06 approved Dawna Livingstone dpipersburg@rembrandtaccounting.com 12/9/2020 10:02 approved Tim Ross rossdesinc@aol.com 12/8/2020 23:22 approved Susan Ruesink suerruesink@yahoo.com 12/8/2020 18:04 approved Mike Dalbey Mtpd7904@gmail.com 12/8/2020 16:29 approved Peter Brake pbrake@cmcd.org 12/8/2020 16:19 approved Diane Lynch dtlynch@comcast.net 12/8/2020 16:08 approved Scott Baxter madpoodle@aol.com 12/7/2020 20:57 approved Mary Bachelor mabachelor@comcast.net 12/7/2020 20:04 approved hunter harrison hunter@davisgroupga.com 12/7/2020 19:54 approved Linnea Chasse linneachasse@yahoo.com 12/7/2020 15:55 approved christopher davis chris@davisgroupga.com 12/7/2020 15:11 approved Robert Crown bobbyacrown@me.com 12/7/2020 13:46 approved Richard Eckstein richardeckstein239@gmail.com 12/7/2020 13:30 approved Barbara Pezzuto Basha324@msn.com 12/7/2020 12:30 approved J K realestatesouthwestflorida@gmail.com 12/7/2020 12:25 approved aaron zwiefel azwief@gmail.com 12/7/2020 12:18 approved C Kaufman Clk_ny@yahoo.com 12/7/2020 12:17 approved Bryan Bo Bryanbo79@yahoo.com 11/26/2020 8:28 approved Anita Jenkins anita.jenkins@colliercountyfl.gov 11/24/2020 17:12 approved Sharon Umpenhour sumpenhour@hotmail.com 11/24/2020 16:00 cancelled by self 9.A.5.d Packet Pg. 1222 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Petitions:PL20190002353, Estates Shopping Center Subdistrict Plan Amendment and;PL20190002354, Estates Shopping Center CPUD Amendment December 9, 2020 Neighborhood Information Meeting (NIM) 9.A.5.d Packet Pg. 1223 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : •Richard Yovanovich, as trustee and not individually –Applicant •Richard D. Yovanovich, Esq., Land Use Attorney –Coleman, Yovanovich & Koester, P.A. •D. Wayne Arnold, AICP, Professional Planner –Q. Grady Minor & Associates, P.A. •Mark Minor, P.E., Professional Planner –Q. Grady Minor & Associates, P.A. •James M. Banks, PE, Traffic Engineer –JMB Transportation Engineering, Inc. •Marco A. Espinar, Environmental Planning/Biologist –Collier Environmental Consultants, Inc. 2 Project Team 9.A.5.d Packet Pg. 1224 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : 3 Project Location Map 9.A.5.d Packet Pg. 1225 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : 4 Area Location Map Randall Curve MPUD and Immokalee Road/4th St. N.E. Mixed Use Subdistrict Estates Shopping Center CPUD and Estates Shopping Center Commercial Subdistrict 9.A.5.d Packet Pg. 1226 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : Future Land Use (FLU):Estates Shopping Center Subdistrict Existing Zoning:Estates Shopping Center CPUD Proposed Zoning:Estates Shopping Center CPUD Project Acreage:40.62+/-acres 5 Project Information 9.A.5.d Packet Pg. 1227 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : •The Golden Gate Estates Area Master Plan amendment proposes to revise the Estates Shopping Center Subdistrict in order to modify the permitted land uses and operation standards within the Subdistrict and to revise the conceptual plan for the Subdistrict •Amend the CPUD in order to modify the permitted uses and master plan,by reducing the maximum square footage of general commercial uses from 150,000 square feet to 50,000 square feet,adding public and semi-public land uses that will include County owned public facilities,animal sanctuary and education center and related uses,and the potential to have residences.The master plan is being revised to accommodate the revised mix of land uses. •The proposed general commercial uses will be limited only to that portion of the CPUD that is located east of 1st Street N.W. 6 Proposed Request 9.A.5.d Packet Pg. 1228 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : 7 Proposed Public Uses •Administration of urban planning and community and rural development (Group 9532) •Essential services •Essential service personnel housing (not to exceed 30 units,subject to development standards for RMF-6 Zoning District of the LDC) •General government services Groups 9111 –Executive offices 9121 –Legislative bodies 9131 –Executive and legislative offices combined 9199 –General government,not elsewhere classified 9229 –Public order and safety,not elsewhere classified 9311 –Public finance,taxation,and monetary policy •Multi-Family dwelling units (not to exceed a maximum of 30 units) •Land,mineral,wildlife,and forest conservation (Group 9512) •Libraries (Group 8231) •Parks and recreational uses •Sheriff’s office (Group 9221) •Single family dwelling units (per E,Estates Development Standards in the LDC,not to exceed a maximum of 4 units) •Veterans affair office (Group 9451) 9.A.5.d Packet Pg. 1229 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : 8 Proposed Semi-Public Uses •Animal services center •Animal shelters (Group 0752) •Arboreta and botanical or zoological gardens (Group 8422) •Exhibition operation (Group 7999) •Noncommercial research organizations (Group 8733) •Single family dwelling units (per E,Estates Development Standards in the LDC,not to exceed 8 units.Existing residential lots may be replatted and reconfigured and any existing platted non-conforming lots may be replatted with the same non-conforming lot area.) •Veterinary clinic,services (Group 0742) •Wildlife refuge and sanctuary •Zoological attractions 9.A.5.d Packet Pg. 1230 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : 9 Approved Subdistrict Conceptual Plan 9.A.5.d Packet Pg. 1231 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : 10 Proposed Subdistrict Conceptual Plan 9.A.5.d Packet Pg. 1232 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : 11 Approved CPUD Master Plan 9.A.5.d Packet Pg. 1233 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : 12 Proposed CPUD Master Plan 9.A.5.d Packet Pg. 1234 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : 13 Conclusion Documents and information can be found online: •Gradyminor.com/Planning •Collier County GMD Public Portal: cvportal.colliergov.net/cityviewweb Next Steps •Hearing sign(s) posted on property advertising Planning Commission (CCPC) and Board of County Commissioner (BCC) hearing dates. •CCPC –TBD •BCC -TBD Contact: •Q. Grady Minor & Associates, P.A.: Sharon Umpenhour, Senior Planning Technician; sumpenhour@gradyminor.com or 239.947.1144 extension 1249 •Collier County: PUDA -James Sabo, AICP, Principal Planner; James.sabo@colliercountyfl.gov or 239.252.2708 GMPA -Corby Schmidt, AICP, Principal Planner; Corby.Schmidt@colliercountyfl.gov or 239.252.2944 9.A.5.d Packet Pg. 1235 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 1 of 21 Richard Yovanovich: You all, we’re gonna go ahead, and get started. My name is Rich Yovanovich, and I am the Attorney representing, Crown Management who is the current owner and developer of the neighbor – the Estates Shopping Center piece of property which is at the corner of Golden Gate Boulevard and Wilson Boulevard, and the purchase – the contract purchaser of the roughly 50-acre parcel of property that’s at the Randall – Northside of – of Immokalee Road at the Randall Curve piece of property that’s currently owned by the County. We’re here tonight to do, the County required neighborhood information meeting that is part of the process for doing a growth management plan amendment and for a rezone of a parcel of property. We are – we are in the process of amending the current Estates Shopping Center growth management plan subdistrict, and the, PUD, planned unit development zoning district that is on that piece of property. And we’ll go through in the details of what we’re doing there. Related to those two petitions is a growth management plan amendment for the 50 acres owned by the County. The parcel will be rezoned to planned unit development well. A condition of our acquiring the property is the successful rezone of the County property and the successful rezone of the property currently known as the Estates Shopping Center. Therefore, if we are unsuccessful either of those, basically, the land will stay as it is currently zoned, uh. As part of the neighborhood information meeting process, we are recording the – we record the meeting. We are having some Zoom participants. So, I – I – I tend to pace. So, if I am– Sharon will bring me back in front of this camera, so there’ll be Zoom participants. We’re gonna – we’re gonna go over both petitions, and then we’re gonna open up for questions or comments. When you do speak if you come up to the microphone so we can catch the recording. Also, you’re not required to, but the Planning Commissioners prefer if you would identify yourself for the record as you – you could be generic and say I’m a resident of Golden Gate Estates near the Estates Shopping Center or I’m a resident of Golden Gate Estates near the Randall Curve property if you don’t want to say your name. But they – they want to know who’s commenting and their relationship to the proposed project so they – they can better 9.A.5.d Packet Pg. 1236 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 2 of 21 understand the context of people’s comments. We will try to always say for the record, Rich Yovanovich speaking, and Wayne Arnold will – will do the same for himself. Um, they just wanna know who’s talking so they – they can get a better, understanding. We have – sorry – I want to introduce our team, and then we have some County Representatives here. Actually, when I initially spoke, I’m technically the Trustee that owns the property. I don’t really own the property, but it’s titled in my name, uh. So, I’m – I’m the Applicant on all of these petitions, uh. I’m also the Land Use Attorney on this. Wayne Arnold with GradyMinor is our Professional Planner. His boss is Sharon. He’s been receiving all the correspondence with Sharon. If you have any questions, I’m sure your point of contact will be Sharon or Wayne. But if you have any questions after this meeting, you can contact either of them. Mark Minor’s not here, but he’s a Civil Engineer on the project. Jim Banks is our Transportation Consultant, and Marco Espinar is our Environmental Consultant. We didn’t bring Marco into this meeting because I don’t know that there are really any environmental issues related to either of the petitions. But if, you know, some questions come up, we’ll get back to you on any of those – those questions. As I have – this is – this is the roughly, 60 acres that’s the Estate – Sharon Umpenhour: Forty. Richard Yovanovich: Forty acres, sorry. The 40 acres that’s the Estates Shopping Center property at the corner of Wilson Boulevard and Golden Gate Boulevard, and the top portion is the yellow. That’s the roughly 50 acres that we have under contract with the County, uh. As I mentioned, they’re – they’re related petitions, and I’ve already forgotten to introduce Nancy Gundlach who is a Professional Planner on – which one are you? Which one’s yours, Nancy? Nancy: I’m on the Randall Curve. Richard Yovanovich: She’s – she’s the planner for the Randall Curve property, and James Sabo is on Estates Shopping Center, and I think participating by Zoom is Corby Schmitt. Is he on the Zoom? Female Speaker: Yes, yes. 9.A.5.d Packet Pg. 1237 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 3 of 21 Wayne Arnold: And Anita Jenkins. Richard Yovanovich: He – he – who else? Anita Jenkins: And Anita Jenkins. Richard Yovanovich: And Anita Jenkins are both – they are – they are handling the growth management plan amendments, and Anita actually supervises both the, growth management plan staff which is Corby, and the planning staff which is, Nancy and James. If you have questions of any of the County Representatives, they’re – they’re – they’re readily available. You know, I’m sure they have business cards, and if they don’t, they’ll give you their email addresses. And you can, you can contact them with any – any questions you may have, uh. We’re pretty informal. Really what we wanna do is tell you what we have planned with the petitions and then we wanna get your input. We also have representatives from Shy Wolf, who is, gonna be involved in the Estates Shopping Center property. So, if questions come up regarding Shy Wolf, those questions can be answered. I’m gonna turn it over to Wayne to go over the two petitions, and then we’ll answer any questions you may have. Wayne Arnold: Thank you, Rich. So, sure. Thank you. I’m Wayne Arnold as Rich said and here representing both petitions, and there are a total of four. They’re, growth management plan amendment and a rezoning application – Wayne: – for both applications on both sides. So, what we’re gonna do is go through as Rich said both applications together, and then we’ll take questions. We just thought it’d be more efficient than to break and have questions and answers on one and then the other. So, hope you indulge us if you’re here for one or the other as you’re gonna hear a little bit about both because as Rich mentioned they are related. So, the property for the Estates Shopping Center which I’ll go through first is zoned planned unit development. We’re amending that planned unit development. It’s also part of the Estates Shopping Center subdistrict which is growth management category. We’re amending that as well. And it’s – the – the easiest way to summarize our changes is that we are – it’s not – we are –essentially the Estates Shopping Center was approved for 150,000 square feet of 9.A.5.d Packet Pg. 1238 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 4 of 21 commercial uses. It also required the first commercial use was going to be the grocery store. We are amending that request to reduce the commercial square footage to 50,000 square feet of general commercial type uses, and then we’re also making provisions for government uses. A whole series of those governmental uses because Collier County will end up with a – a nominal, 10-acre parcel out of the 40-acre piece. And then we’ve made provisions for Shy Wolf and its educational programming and then sanctuary use to be on the Western-most parcel. So, we’ve had to amend the growth management plan language to accommodate those changes as well as our zoning, which lists a very detailed, uses. So, a couple things, we’ve created two new districts out of here, the commercial district is pretty self-evident. It’s going to be right at the hard corner of Wilson and Golden Gate. But the Shy Wolf sanctuary parcel that we’re calling it, we’re calling it a semi-public use. And we’re going back and forth with staff so we may change that terminology, but it allows things like we’ve talked about, animal shelters, arboreta, exhibitions, their educational facilities. We’ve made provisions for them to have single-family residential and dormitory use because they are an educational facility, and they’re incorporation with Florida Gulf Coast or other universities that come and do some research on the animals. So, there will be provisions made for that residential component, that will probably initially utilize the single-family structures on the site for office space and some of the other uses that they have that eventually those, um, would be significantly modified, and they have a true education center established, and – and other structures. But for now, we’ve made provisions for them to have up to eight dwelling units on that property. The County’s parcel which will be the – [inaudible] [00:09:12]. Sorry about that, folks. It’s a little slow, but the County’s public uses, and I know there’s information circulating out there in the Estates about this. So, in the – the growth management plan, then we’ve made a provision for a total of 50 dwelling units. We haven’t been specific as to whether or not those are single-family or multi-family. The County asked us to make provisions for up to 30 units on the 10-acre parcel that they’re obtaining as part of this deal. So, in addition to all the administrative, governmental type facilities 9.A.5.d Packet Pg. 1239 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 5 of 21 that we’ve listed here by standard industrial classification codes, we’ve also made provisions for there to be up to 30 multi-family units. The reality is because we have well and septic here, I don’t think it’s realistic that the County’s going to achieve 30 multi-family units on this parcel. We were asked to accommodate that as part of the request; so, we have. I know that that’s been some discussion out there about that, and we’ll be happy to hear those comments. But, again, we’ve also made provisions for single-family on the same parcel because should this deal not go forward, Crown Management that would control it, would then have the option to continue to do single-family that’s permitted by right today. So, it says in our language that the single-family would be subject to the state’s zoning district standards. So, you get what you could have today. So, the master plan that was approved as part of this growth management plan is the exhibit that’s on the screen. It identified all – a large development area and then areas for utility plant site as well as some lights and buffers. So, we are modifying that. The new subdistrict is, generic. This would be an exhibit to the growth management plan which you can see that we have three separate parcels identified as commercial, public, and semi-public. We depict the access points that we’re providing for the project on the master plan as well. The zoning master plan is a little bit more detailed than we showed on the growth management plan exhibit. This again is being modified to take out some of the detail in the footprints that were shown as future buildings on there. It’s going to be revised to be a little bit more generic, but again, the preserve buffer areas get depicted on here. The access aspects are depicted. And again, we’ve identified which parcels would be used for public, semi-public, or the commercial uses that are going to be retained. So, where we are in the process, we submitted a few months ago. We’ve been through a couple rounds of reviews. We’re – we’re required to hold this neighborhood information meeting prior to going to public hearings. So, we don’t have public hearings scheduled yet. But what will happen in this process, it’s a two-step process; we’ll have a transmittal process with the growth management plan assuming that the Board endorses it. They will take both of these, and they’ll say, “We’re ready to transmit the proposed changes.” 9.A.5.d Packet Pg. 1240 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 6 of 21 They’ll go to the Department of Economic Opportunity, DEO at the State of Florida. The state gets 30 days to review those changes to determine if there are any state impacts or regional impacts, doubtful that they will weigh in on this, but it’s a part of the process we have to go through. And then after that process, we would then come back in the PUD document, the zoning document would come together with the comp plan amendment. And the Planning Commission would again hear it together, and then that would then be heard by the Board of County Commissioners for final action. And our goal here is that all four of these applications will come together and be heard at the same Planning Commission and Board of County Commissioner meeting since they’re interrelated. We think it makes more sense to be able to tell the whole story and deal with them in one – one time. So, that’s our goal. We don’t have hearing dates established yet, but our goal is to be through the process by June of 2021 which gets us there by – the Board takes a summer recess in July and August. So, our goal is to be completed in this process in June, no later than just next year. So, we think that’s a doable process although we don’t have hearing dates scheduled yet. The round of comments we got from staff were down to some fairly, I think, minor issues that are pretty easy to deal with. So, in a nutshell, that’s – that’s what we’re hoping to achieve, and with that, I’m gonna wrap up this presentation. And, Sharon, if you can bring up the Randall Curve as we’re calling it? It’s really the County’s property that’s at the corner of Randall/4th Street Northeast and Immokalee Road. So, I’m gonna spend a few minutes talking about that process as well. Again, it’s the same team so I’m not gonna through that information. Again, the location at – it’s – everybody calls this the Randall Curve property that’s been around a long time, so. We actually have a Randall Curve PUD that’s part of the process, but our subdistrict for the comp plans that – for the mockup of 4th Street – 4th East subdistrict. Again, this property today is zoned the Estates. It does not have zoning on it that would allow the mixed-use project we’re proposing. It’s also part of the rural Golden Gate Estates. Comp plan does not make provisions for this to be a commercial mixed-use project that we’re proposing. So, we’ve submitted, a new subdistrict that makes provisions for there to be up to 400 residential units on this property 9.A.5.d Packet Pg. 1241 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 7 of 21 as well as 150,000 square feet of commercial uses. I’m gonna show you the proposed master plan for the Randall – Sharon Umpenhour: Go back, go back one. There you go. Wayne: – though this is the language that talks about our request. And a couple significant things I’ll talk about is that we’ve made provisions for a large variety of retail uses. I know that there have been several discussions with members of the Estates Civic Association and other, community residents that have talked about the need for services out in this part of the community. So, we’ve made a very broad list of uses that largely are C-4 type uses I would say of the maximum intensity. There could be a couple of others depending on how the County categorizes those that would be C-5 because we’ve made provisions for there to be potential large format retailer or big box store whether that could be a Lowe’s, a Home Depot, a Costco. We’ve made provisions for all of those as part of our request. It doesn’t mean that those are going to be necessarily located there, but we’ve made provisions for them. We also have provisions there for the other types of uses we know people desire which are restaurants and offices and dental offices and things of that nature. So, I would, you know, just to – to know that this is a mixed-use project, Sharon’s there’s something on my screen. It’s – it’s some sort of system update. I don’t know how to remove that. Let’s take a pause for a moment. Thank you. So, this is a proposed master plan that we’ve created for what’s called the Randall Curve PUD. It’s the – this makes use, we have designated areas that are preserve, residential and commercial. C stands for commercial; the R is for residential. Preserve is labeled as such. It is conceptual, but it identifies two primary access aspects on Immokalee Road. We also have a shared access point with the properties to the North that’s going through a similar process that we’re in today. They’re a little bit ahead of us. They’ve had their transmittal of the comp plan portion of their property to the State of Florida. So, we’re – we’re on track to being a couple months behind them. But the residential is sorta central to the site. We have our preserve area that separates us from the 4th Street residential. We have water management system that we have, and we’ve proposed no vehicular 9.A.5.d Packet Pg. 1242 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 8 of 21 access to 4th Street Northeast. We would obviously make provisions for pedestrians and bicyclists to enter the site, but we prohibited vehicular traffic from accessing 4th. And we know that was an issue early on. When the County was looking at developing this themselves and we’ve heard that that’s an issue, and we were asked on the property to the North also to remove any access to 4th Street which they have done as well. But you can see on this particular property that the uniqueness of this is when you go out there today, the – at the hard corner of 4th and Immokalee Road, that area’s all the dry detention system for the County that was put in to satisfy the Immokalee Road widening project. So, that parcel is part of the acquisition. We have to take into consideration all of the drainage. So, we are going to have a larger system of either lake or dry detention to accommodate their five acres that they need today as well as the future improvements that they’re planning to make on Randall Boulevard. We have to accommodate some of the additional drainage for them as well in addition to our drainage. So, that’s been one of the unique challenges here, but nonetheless, we’ve accommodated. We can work around that, and we think this could be a very good, viable project. So, again, if we’re in the same process that I just described for you for the other Estates property which was we’re going to have the comp plan transmittal process. We going to have a PUD adoption at the same time that the comp plan would be adopted. And as Rich said, these are kinda bundle projects. One doesn’t happen without the other with the way that this has been structured. Again, no hearing dates have been established, but we are working toward that same June deadline I just described. And hopefully, we can, be there, and like I said before, we’re gonna take questions tonight. If you think of something after we leave here tonight, you’d like to communicate, Sharon has some cards at the back table. It’s easier to email or call her for information. We’re happy to share the presentation tonight with anybody who desires it. All the information’s available on the County’s website through CityView, or if you don’t feel comfortable using that system, Sharon would be more than happy to provide any of the comp plan information as public record or any of the zoning information to you as well. 9.A.5.d Packet Pg. 1243 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 9 of 21 So, Rich, I don’t know if I left anything out, but I’m – I’m happy to answer questions. I will say one thing that one of the changes we did make on Estates that I failed to mention, we did even though we reduced the intensity of commercial from 150,000 – 50,000 square feet, we did add back end-use that we didn’t have previously, and those were medical offices. We made provisions for medical offices and veterinary clinics that were something that was, desired by some folks who’ve been interested in the Estates. So, we’ve added those uses, and we think they’re pretty benign uses overall and probably things that anybody who lives in that part of the community would probably utilize. So, with that, I’m gonna stop, and we’re gonna – do you wanna take the Zoom callers first, Rich? Richard Yovanovich: Let’s take people that are here first, and then, yeah. Wayne: Do the audience, okay, so, anybody who’d like to speak as Rich mentioned, you don’t have to give us your name if you don’t feel comfortable, but the Planning Commission wants to know if you’re part of our team’s feed or if you’re a resident. So, if you feel comfortable saying you’re a resident that way at least when the transcript gets created, they realize it’s not Wayne or Rich or Sharon or Jim talking, so. Anybody with questions, please, feel free to come up and use the microphone. We can sanitize it between its use, and –yes, ma’am. Come on up. Phyllis: Phyllis Lit – Phyllis Litka, the 2nd Street Northeast, um, all of this involves even though I live out that way on part of the curve, um, I’d like to know, the low-income housing that you wanna put in on 10 acres, that’s like four of my neighbors, how are you going to put 30 units? And when you say low-income, what are we talking? Wayne: Well, that – the low-income reference is not a term we use. Our language says essential service personnel that’s actually in the document, and – Phyllis: Okay, on – on my form, that’s what it says [inaudible] [00:21:23]. Wayne: – and I – I don’t know that that’s our letter that said affordable housing. Richard Yovanovich: Can I see that? Do you mind? 9.A.5.d Packet Pg. 1244 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 10 of 21 Phyllis: Sure, yeah, absolutely. Wayne: Our language says essential service personnel, and that’s a term that the County’s recently started using to refer to first responders, teachers, nurses, county employees, people like that, who are essential service personnel in our community that seem to be priced out – out of the housing market. Phyllis: Yeah, I can understand that. Wayne: As I mentioned before, the 30 units is the number that the County asked us to provide. If it’s going to be multi-family housing, I – our – our opinion is just doesn’t work because of the septic system requirements. Phyllis: Right. Wayne: So, I don’t know that the County realistically is going to achieve 30 of those units in the – in the configuration of multi-family, but again, Rich, I don’t know you wanna add any more. But we were asked to include it; so, we did. Richard Yovanovich: Yeah. I – a – as part of this process, obviously – yeah, you can sit right there. I’m sorry. As – as part of this process, obviously, we – we had to coordinate with the County because they’re getting the 10 acres, and we – we basically said, “What would you like us to include on your property?” So, the County gave us their list of requested uses. I have been doing this for a while so I kinda figured when the County said they wanted to put 30 units on a 10-acre piece of property that basically can have four under the current state zoning, I thought that was, gonna meet some resistance from the residents of the Estates. And I said, “I’m happy to include it, but you need to be at the neighborhood information meeting to defend it.” And, I don’t think there’s anybody here from the County to address that. I don’t think Nancy or James are – are – are – they were not the people I spoke to, uh. So, the – the – Wayne is correct. What you received, eh – we are not proposing low-income housing. I don’t know who sent that out. We are – we are proposing essential service personnel – the 9.A.5.d Packet Pg. 1245 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 11 of 21 County’s proposing essential service personnel housing, which is exactly what Wayne says, firefighters, teachers. But the number of units and the request for that use came from Collier County, uh. I think Commissioner McDaniels was on his way to this meeting. I just texted him to find out where he is, but he’s – he is on his way. If he doesn’t make it here before we get gone, I’m sure he’ll read the record. But I – I think there’s others here who also, have concerns about that use. So, we will obviously communicate that to County staff and, will follow their direction whether to remove that, um, request or not. But obviously, I know that’s – I knew that was gonna be an issue before I even submitted the document, so, with any more questions? Wayne: This is Wayne. Can I just read you the language that’s actually in the PUD document under public use? It says, “Essential service personnel housing not to exceed 30 units subject to develop standards for RM-6 zoning which would be the land development code.” So, that is what’s in the actual document. There’s also a provision for there to be multi-family units which was meant to implement that essential service personnel housing. But there are as Rich mentioned, there’s also a provision in there for single-family homes which is what could be there on that [inaudible – crosstalk] [00:24:53]. Richard Yovanovich: Right, and – and Tim’s okay. Tim and I had a conversation about this very issue twice, and – and I told him the reason we put single- family houses in there is if for some reason Shy Wolf does not close on their piece of property or the County decides they wanna develop it as the common state lots, we just wanted that as – as – as also an option. So, I mean, that clearly Tim would have an issue with that. I hope nobody else has an issue with that piece. Wayne: Thank you, any other comments, or questions? Tim: Tim Wallen, 111, 3rd Street Northwest, uh. We’re adjacent to the 40-acre, uh. As you guys know, we’ve been involved with this for 12 years now. So, when we started talking with Bob and, Shy Wolf and about the swap of the property, it seemed like, it was something real good for everybody in the community, for both sides, um. Again, the multi-unit, it would have to be low-income because they’re gonna be like 200 square feet if they put ‘em there. Um, you know, when we first started doing this, we discussed 9.A.5.d Packet Pg. 1246 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 12 of 21 services from the County whether it be post office, police substation, some, you know, tag agency. I know it’s right across the street right now or some sorta County presence that – that’s needed out here, not housing. Housing just seems really stupid. The intersection is already stressed. Anybody that comes from the East traveling West to go there in the – to go to work in the morning, it – it’s already a nightmare trying to get through Wilson Boulevard. To put all those cars and all that right there is a huge problem, again, septic and water. I think everyone else is – everybody’s probably pretty comfortable with, but, you know, for the record, the – the multi – the multi-housing is – is – is definitely a – a killer. Male Speaker: Okay. Male Speaker: You know, it’s if – so I can just put it on the record, can I just get a show of hands how many people are opposed to putting that multi- family on that piece of property. Male Speaker: So, I’m just gonna count the number of – one, two, three – Female Speaker: All of us. Female Speaker: Eleven. Female Speaker: So, [inaudible – crosstalk]. Male Speaker: So, I would say, if there’s 11 – there’s 11 people present, and I think every one of them are not related to our team or Shy Wolf. So, I would say that pretty much everybody, is opposed to that. I just wanna – I just wanna put that on the record. So, both whoever reads the transcript knows so you all don’t have to come up and repeat yourselves. Or you’re welcome to come up anytime you want, but I just wanted to save some people some effort. Any other questions, comments before we go to people on Zoom? Jeff Curl: Yeah, for the record, Jeff Curl, um. I live actually off Desoto, but I do traverse Wilson and Golden Gate Boulevard quite a bit. I’m just wondering if the County has any intentions of doing rotaries at Wilson/Golden Gate Boulevard. That seems to be there brand-new, um, FDOT experiment and then how you guys would see traffic West of this intersection, and this 9.A.5.d Packet Pg. 1247 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 13 of 21 may be more of a Jim question with maybe left turns, right turns coming out, signals expansions, turn lanes, and maybe a U-turn or two through the median. Um, I’m assuming you – you’re gonna remember from your time out there, too, Jim, um, that to the previous gentleman’s point that traffic through there at rush hour’s an absolute nightmare. Jim Banks: Yeah, right now, the only traffic signal’s – Jim: Well, my bill is still extra, but okay. Jeff: You didn’t sanitize this [inaudible – crosstalk] [00:29:06]. Jim: Maybe I can step way back here. Jeff: I’m gonna get the COVID. Jim: so, anyhow, to answer Jeff’s question, you know, obviously, the intersection at Wilson and Golden Gate is currently signalized – Jeff: Right. Jim: – there’s not enough separation between the E-western-most boundary of the property which is on 3rd Street to have a traffic light at that location. So, we will not have another traffic light service development, but that is one of the reasons that the commercial is in the corner of that – of that intersection now. And the lower intense uses are further to the West which will – it’s our interpretation will not warrant a traffic signal, at those – at those intersections. But, yes, when we’re going to the site development phase, we’re gonna have to look at extending some of those left-turn lanes to provide for U-turns and that type of thing, mostly for the commercial uses. So, there will be some upgrades there in that general vicinity to accommodate additional turning moves they’re gonna – but I do wanna point out that what is being proposed today is actually gonna generate substantially less traffic than what was previously approved. So, with this application, traffic demands from this 40 acres is going to be substantially reduced versus if it’s developed then with the 150,000. Jeff: So, this is gonna dovetail into our previous – 9.A.5.d Packet Pg. 1248 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 14 of 21 Sharon: Can you guys hold on a second? Um, Jeremy, the Zoom participants aren’t able to hear Jim. [Crosstalk] Jim: Okay. Sharon: Go ahead. Jeff: So, that also brings back to your point about multi-family and increasing the density at that site with residential, I think that’d be another, you know, point raised when we [inaudible – crosstalk] [00:30:51]. Jim: Well, I – I would submit to you that I don’t think all the – all the uses that are being proposed could all fit on the 40 acres so some things gotta give. Jeff: Yeah, and I think I’m honed in on that essential service kind of the boondoggle that we keep talking about here tonight, um. Jeff: No, I just – the County’s trending, eh – again, FDOT getting a pave- type deal with rotaries and things like that to – to push traffic through quickly, you’re talking about two lights that are fairly close together, um. And so, yeah, perhaps they’re gonna keep that sequencing with each directional rush hour push, morning and at night, but, uh. I didn’t know if there were any preliminary discussions. Jim: As far as I know, they’ve got no plans to put a traffic circle there at that intersection. I don’t even think they have the right of way to do it, um. Jeff: I wouldn’t think with E’s there on the corner either, but. Jim: Right, so, but not – my interpretation is we will not see a round- about at that intersection. Jeff: Okay. All right, thank you, gentlemen. Male Speaker: Thank you, Jeff. Wayne: So, I guess without moving – 9.A.5.d Packet Pg. 1249 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 15 of 21 Rich: Anybody else here that wants – yes, sir, come on up. Female Speaker: Wayne? Wayne: Yeah, I have sanitized the microphone [inaudible] getting COVID. Sharon: Sorry. I’ve already had it, so I don’t have to worry about it. [Crosstalk] Dave: My name is, Dave Meffin, um, 127th Street Northwest, and, so, even though it’s not right next to my neighborhood, it’s pretty close. And, I just, you know, I – I agree with this gentleman down here, but, um. I just wanna know anybody in our neighborhood who would be in favor of that. I mean, if you can find 10 people, I’d be happy. Wayne: You’re speaking about this essential service housing? Dave: Yes. Wayne: Okay. I – I think as Rich said, the show of hands was pretty unanimous that, those in attendance certainly aren’t supportive – Dave: I mean, if we had more time, and we could, you know, word of mouth a little more, we could get a thousand people in here; a thousand hands would be up, so. Wayne: Well, I – I have a little experience on this use of property, and I know you can get a lot of people out, right, sir? So, I – we – you know, we understand that will communicate to the County the, uh – the, unanimous opposition for those who are here to – including that multi-family housing, and I’m sure from watching James write that down right now, so. I’m sure that will be communicated to the powers that be, the County. Anybody else, anybody else here who wants to come up and speak before we go to those on Zoom? Laura: Hi, my name is Laura, and I’m a resident of the Estates. And, okay, that 10 acres, I’m like, “Why not make it a park? Why not make it something fun? And if you need to add a post office to it, you know, 10 acres is a good size, but we don’t really have enough free area out on the Estates for, you know, like kids’ playgrounds, stuff like that. They have plenty of it in the city. And so, I’m like, “Forget about that. Put it on that little 4th Street there. Well, we don’t wanna it there either, so, the essential service.” So, I’m just wanna make 9.A.5.d Packet Pg. 1250 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 16 of 21 sure that my vote is no, and I’m just emphasizing that. Wayne: Okay, and just for you know to ma’am, this is Wayne Arnold for the record, but we include parks as one of the uses for the County parcel. It’s just – Laura: Okay. Oh – so, who decides once – Wayne: The County Commission ultimately will decide what use it would be there, but I think it’s pretty clear tonight the direction it’s headed with regard to the housing. Laura: Okay, thank you. Wayne: Thank you. Richard Yovanovich: I wanted to make two points, one, Commissioner McDaniels just entered the room, uh. Comm’r McDaniels: How’s everybody doing? Richard Yovanovich: And, just to recap, um, everybody in this room is opposed to essential service personnel housing, that 30 units on the County’s parcel in the Estates. Male Speaker: At Wilson – at Wilson and the Boulevard? Richard Yovanovich: Yes, yes, yes. Comm’r McDaniels: So, noted. Richard Yovanovich: I just want – wanted to make sure you’re aware of that. Female Speaker: We raised our hands. Richard Yovanovich: And – and it just – and it just – just kinda going back a little bit of history, you know, on the Estates Shopping Center parcel, that – that – the hard corner piece set between 1st and – and Wilson was formally a neighborhood center where commercial was supposed to go in the first place. So, we’re kinda going back to pretty much the original plan of – of Golden Gate Estates, by going through this process. And with that, any more questions or comments before we go to Zoom, participants? 9.A.5.d Packet Pg. 1251 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 17 of 21 Wayne: Okay, going to Zoom, Sharon, you wanna go ahead and call names and see if we have any questions on Zoom if they raised their hand? Sharon: Um, if they speak, they can raise their hand; I can unmute them. Wayne: If you have a question or comment you’d like to make and you’re on Zoom, if you’d raise your hand if you – if you know how to hit that icon, and then Sharon will unmute. And we will be happy to let the rest of the crowd hear what you have to say. Richard Yovanovich: All right. How many – how many Zoom participants? Wayne: The question is how many Zoom participants do we have? Sharon Umpenhour: Fourteen but two are County staff, um. Wayne: So, we have 14 total Zoom participants and two of which are County. Richard Yovanovich: Anybody raising their hand? Sharon Umpenhour: No, but if you wanna ask them if they just – if someone wants to ask a question to unmute and ask a question. Wayne: Okay, so – so if you have a question, do – can you unmute, and then we’ll know that you do have a question? Sharon Umpenhour: It doesn’t look like anyone has a question. Wayne: I – I don’t – I don’t see anybody raising their hand or unmuting. So, I take it that none of our Zoom participants at this moment have question or comment, so. Anybody else in the room, Mr. Wallen, do you have a question? Richard Yovanovich: Wayne? Wayne, do you wanna, see if everybody on the Zoom call is opposed to the 30 units as well? Is there a way to find that out? Sharon Umpenhour: Oh, Scott Baxter has his hand raised. Wayne: We have, Scott Baxter, you have your hand raised. Do you wanna unmute and ask your question or make your comment? Scott, I’m not hearing ya. It looks like you’re still muted on our end. Sharon Umpenhour: You still – you have to unmute, Scott. There you go. 9.A.5.d Packet Pg. 1252 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 18 of 21 Wayne: There you are. Scott Baxter: – unmute, I’m not sure if it’s working or not. Wayne: We hear ya. Scott: Okay. Um, I’m trying to – you know, you’re talking about putting 30 units on 10 acres. So, to be generous, we’re only gonna have three units per acre because then there will be no streets, no buffers, no sidewalks. Everybody that’s [inaudible] [00:37:47]. However, this property was promised as a park. Is that not in here? Male Speaker: It is not a park. Wayne: Today it is not a park. It is zoned for a commercial shopping center. Scott: I understand that. Is the property staying – I thought this property was promised to us as a park. Wayne: It – it – I’ll let Rich address that for you. Richard Yovanovich: Yeah. For the record, Rich Yovanovich, actually, what – what the property exchange agreement says is we would give the County the 10 acres. The County would then decide what it wanted to put on the property, and obviously, a park is an option and other government services is an option. To the list, the uses we got for this 10 acres came from Collier County. And this – the purpose of this meeting is for the community who – to give their input back to all of us about what we’re asking for as part of this PUD. And I assume you’re like the other members that are present that you oppose the multi-family option on that 10- acre piece. Is that correct? Wayne: Scott? Richard Yovanovich: Scott, can you – move? Scott: [Audio cuts out] [00:39:05] – Male Speaker: Broke up. Male Speaker: Breaking up. 9.A.5.d Packet Pg. 1253 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 19 of 21 [Crosstalk] Female Speaker: He said he’s opposed. Richard Yovanovich: Okay. Wayne: Scott? Any other comments, Scott, or should we – anybody else on Zoom? Male Speaker: Yes, an upgraded Wi-Fi. [Crosstalk] Wayne: try again one more time. You’re still a little muddled. Anybody remember when you had antennas on your TV, and you had to smack it or stand like this? [Crosstalk] Is there anybody else on – on Zoom that – that wants to, um, speak? Sharon Umpenhour: Maggie Kemp. Richard Yovanovich: Maggie Kemp, it looks like. Wayne: Maggie Kemp, you’re up. Maggie Kemp: Hi, I just wanted to also voice my opposition to putting in low- income housing on such a small space, seems like the County seems to be forgetting about the residents and the impact on the residents that are around these projects. Wayne: Okay, thank you. Anybody else wanna make any comments on Zoom? Richard Yovanovich: Susan Risner – Rissen. Wayne: Susan, you’re up, Ruse – Rusing. Am I close? Sharon: No, she’s not on. Richard Yovanovich: She’s unmuted. 9.A.5.d Packet Pg. 1254 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 20 of 21 Wayne: She unmuted. I just didn’t know if she wanted to speak or not. Sharon: She’s not got audio. Rich: Okay. Wayne: Oh, okay. anybody else on Zoom? Okay, one more go-round in here, anybody else wanna say anything? Phyllis: It’s me again, Phyllis Litka, question on the Curve. The 400 units, are those houses, or are those apartments? Wayne: They – they – they will be – we make – we’d make provisions for both, but it – it’ll be a multi-family, more likely a multi-family product. Phyllis: Okay. Wayne: It could be condos. It could be apartments. We – we don’t have that final decision yet. Phyllis: Okay. And when – next question, you said something about 4th ‘cause I live on 2nd, so, yeah, it’s the next street. So, 4th, they will not be able to come through 4th where they were gonna make that street, you know, behind all of, um, the storefronts? Richard Yovanovich: The, yeah, for the record, Rich Yovanovich, we – we – we – in the Curve property, the 50 acres were talking about tonight, there is absolutely no access on 4th other than we will make provisions for bicyclists or pedestrians that are coming up and down 4th but no cars will have access. Phyllis: Well, one of the other meetings that I was going to – had gone to, they were going to make a road. Yeah, mm-hmm, mm-hmm. Richard Yovanovich: And that – that was I think Wayne was involved in that one. It was the property to the North, um. Wayne: No – they no longer have access. That project removed their – any access and it’s prohibiting to have access to 4th. Phyllis: Oh, thank you. Okay, that’s why you should go to meetings. Wayne: We appreciate you coming. 9.A.5.d Packet Pg. 1255 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Page 21 of 21 Richard Yovanovich: Anybody else? Tim: I – I was just gonna – I was just curious who the two County people were. Wayne: Mr. Wallen, Tim, why don’t you come forward? Sharon: You need to speak into the microphone, please. Richard Yovanovich: I’ll say it for you. Mr. Wallen wanted to know who the two County people were on the phone, and it was – I think I said it earlier, Anita Jenkins who is, Zoning Director, and, Corby Schnitt who is the Growth Management Reviewer – Plan Reviewer for this project. Those are the two County. Yes? Sharon: Actually, it’s Michelle Mosca for Anita. Richard Yovanovich: Okay, well, Michelle Mosca who, also is in Growth Management is sitting in for Anita Jenkins, and, she’s been with the County for quite a while and is familiar with the comprehension plan. Anybody else? All right, well, we thank you for coming and I hope everybody enjoys their holiday season and stay safe. Thank you. [End of Audio] Duration: 44 minutes 9.A.5.d Packet Pg. 1256 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1257 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1258 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) 9.A.5.d Packet Pg. 1259 Attachment: ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup (20114 : PL20190002354 - Estates Shopping Center PUDA) August 17, 2021 9.A.5.e Packet Pg. 1260 Attachment: CCPC-BCC Hybrid Meeting Waiver (Executed) (20114 : PL20190002354 - Estates Shopping Center PUDA) 10/07/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 11.A Item Summary: Election of Officers Meeting Date: 10/07/2021 Prepared by: Title: Operations Analyst – Planning Commission Name: Diane Lynch 09/16/2021 11:02 AM Submitted by: Title: – Zoning Name: Mike Bosi 09/16/2021 11:02 AM Approved By: Review: Planning Commission Diane Lynch Review item Completed 09/16/2021 11:03 AM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 09/16/2021 5:06 PM Zoning Mike Bosi Zoning Director Review Completed 09/20/2021 5:09 PM Growth Management Department James C French GMD Deputy Dept Head Completed 09/20/2021 8:11 PM Planning Commission Edwin Fryer Meeting Pending 10/07/2021 9:00 AM 11.A Packet Pg. 1261