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Agenda 10/12/2021 Item #8B (PL20210001944)
10/12/2021 EXECUTIVE SUMMARY FCC Beach & Yacht, LLC, filed an appeal of the administrative approval of the Site Development Plan SDP-PL20200001903, pursuant to Code of Laws and Ordinances Section 250-58, which authorized the development of a food truck park in the Commercial Intermediate District (C-3) Zoning District. The subject properties are located at 300, 320, 322 Capri Boulevard and 218 Kon Tiki Drive in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [PL20210001944], (Companion to items 8A & 8C) OBJECTIVE: The objective of this Executive Summary is to provide the Board of Zoning Appeals (BZA) with all the relevant information regarding the above referenced matter, and to establish a complete record for consideration by the Board in rendering a determination. CONSIDERATIONS: Section 250-58 of the Collier County Code of Laws and Ordinances establishes a procedure for appeal of an administrative decision of the County Manager or designee. In accordance with Section 250-56 the Board of Zoning Appeals shall, "hear and decide administrative appeals where it is alleged there is error in any order, requirement, decision, interpretation or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this Act. " Further in Section 250-57, The Board of Zoning appeals, "in conformity with the provisions of this Act and the zoning ordinance, reverse or affirm, wholly or partly, or may modify the administrative order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this Act, and appealed from, and may make such administrative order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the administrative appeal is taken. " On July 29, 2021, staff issued a Site Development Plan (SDP) approval letter (Exhibit "A") PL20200001903 for a food truck park on 2.21 acres located at 300, 320, 322 Capri Boulevard and 218 Kon Tiki Drive within the Commercial Intermediate Zoning District, C-3. The Land Development Code defines the Zoning District, "The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum Packet Pg. 99 10/12/2021 density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system." Staff provides the definition to clarify that the zoning district is not a neighborhood commercial zoning district as stated in the appeal material, but rather one that could accommodate an Activity Center. On August 4, 2021, an appeal of the approval of the SDP (Exhibit `B"), was submitted by Rich Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., on behalf of FCC Beach & Yacht, LLC, owners of property within 300 feet of the proposed food truck park. The appeal of the SDP for the food truck park is focused on the question, "is a food truck park a permitted use in the Commercial Intermediate District, C-3". The appeal requests a formal determination contending that a food truck park is not a permitted use in the C-3 Zoning District. On August 4, 2021 the Zoning Director's issued an Official Interpretation Letter (Exhibit "C"), determining that a food truck park was a permitted use in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) Zoning Districts, based upon the September 22, 2016 Hearing Examiner (HEX) determination. HEX NO. 2016-37 (Exhibit "D"). That 2016 HEX decision provided that a food truck park was comparable and compatible to a restaurant, within the Bayshore Neighborhood Commercial Overlay District and an Eating Places, SIC 5812, within the General Commercial Zoning District (C-4). The official interpretation sets forth in detail the rationale used in making this interpretation. In summary, the interpretation is as follows: The uses provided for within the C-2 and C-3 zoning districts, as enumerated within LDC sections 2.03.03.B and 2.03.03. C currently do not list food truck parkas a permitted use. LDC section 2.03.03.B.I.a.74 (C-2 permitted use) and 2.03.03.C.1.a.96 (C-3 permitted use) provide for the following uses, "Any other commercial convenience use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. " & "Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC pursuant to LDC section 10.02.06 K. " As noted within your application LDC section 2.03.00.A states, "Rules for Interpretation of Uses. In any zoning district, where the list of permitted uses contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted uses, which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in LDC section 10.02. 06 K. " Further LDC section 10.02.06.K in part reads, "Comparable Use Determination. 1. Thefollowing Packet Pg. 100 10/12/2021 Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD.2.To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public hearing based on the following standards... " Within Hearing Examiner Decision HEX NO. 2016-37 the Hearing Examiner determined that the proposed use of a food truck park is comparable and compatible in nature to other permitted uses in the General Commercial (C-4) zoning district and affirmed staffs determination as stated in the Zoning Verification Letter ZVL(CUD)-PL20160001881, which was an attachment of the decision. Zoning Verification Letter PL20160001881, which initiates the comparable use determination, requested that staff determine that the use of 'food truck park" is comparable with the permitted use in the C-4 district of "eating and drinking establishments " or SIC 5812. The conclusion of that zoning verification letter determined that, "the requested use is comparable and compatible to other permitted uses in the district and is therefore a permitted use. In order to become valid, this determination requires affirmation by the Hearing Examiner. " As noted, HEX NO. 2016-37 affirmed the determination of the zoning verification letter PL20160001881. Based upon the determination, food truck parks are treated as permitted uses within zoning districts that permit SIC 5812, subject to whatever size limitations imposed by the respective zoning district. Both the C-2 and C-3 zoning districts permit SIC 5812 with square footage limitations and based upon HEX NO. 2016-37 determination, food truck parks are permitted within those zoning districts subject to the square footage limitations. Further evidence of the position that food truck parks are permitted within the zoning districts that permitted SIC 5812, eating establishments, ZLTR-PL20190002574 (Attachment `B'), determined that a food truck park was permitted within the Industrial zoning district under Eating Establishment (SIC 5812). ZLTR-PL20200001955 (Attachment "C') provides a second example where the County determined that the C-3 zoning district permits restaurants/food truck establishments (SIC 5812) by right. While the Commercial and Industrial zoning districts do not specifically designate food trucks as permitted uses, the Comparable Use determination process has been established to identify similar uses to a zoning district when the proposed use has been determined to be comparable and compatible to existing uses in the zoning district. Hearing Examiner Decision No. 2016-37, established food truck parks as comparable and compatible to a restaurant use and based upon that determination, all zoning districts that permit restaurants (SIC 5812) are determined to also permit food trucks subject to whatever restrictions imposed by the zoning district including square footage limitations. In addition to the instances referenced within the Official Interpretation where Staff has determined that a food truck park were permitted within zoning districts that permit eating places, staff has identified additional instances of that determination. Exhibits "B" and ' F", provide for specific examples of where food trucks have been added to existing commercial facilities within the C-3 and C-4 zoning districts, as well as a zoning verification letter, Exhibit "G", where the County confirmed that a food truck park, comparable to an eating place was an allowed use in the Industrial zoning district. Packet Pg. 101 10/12/2021 Additionally, within the C-3 Zoning District, use 31 is Eating Places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure. The Standard Industrial Code (SIC) defines Eating Places, "Establishments primarily engaged in the retail sale of prepared food and drinks for on premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry. The SIC list includes: Automats, Beaneries, Box lunch stands, Buffets, Cafes, Cafeterias, Carry -out restaurants, Caterers, Coffee shops, Commissary restaurants, Concession stands, prepared food, Contract feeding, Dairy bars, Diners, Dining rooms, Dinner theaters, Drive-in restaurants, Fast food restaurants, Food bars, Food service, institutional, Frozen custard stands, Grills, Hamburger stands, Hot dog stands, Ice cream stands, Industrial feeding, Lunch bars, Lunch counters, Luncheonettes, Lunchrooms, Oyster bars, Pizza parlors, Pizzerias, Refreshment stands, Restaurants, Restaurants, carry -out, Restaurants, fast food, Sandwich bars or shops, Snack shops, Soda fountains, Soft drink stands, Submarine sandwich shops, Tea rooms, Theaters, dinner. As noted the 2016 HEX Decision concluded that the a food truck park was comparable and compatible with eating places. The appeal concludes that food truck parks are not comparable to restaurants, but restaurants are one of the many types of eating places authorized by SIC 5812 and the determination by the HEX in 2016 was food truck park was comparable and compatible to Eating Places (5812). The main points are as follows: 1) The SDP was approved for a parcel of property on the Isles of Capri which is zoned C-3. A food truck park is not listed as a permitted use in the C-3 Zoning District. 2) That a food truck park is not comparable or compatible to a restaurant, per the written narrative of AICP planner Wayne Arnold. 3) The LDC in section 10.02.05K identifies specific criteria that must be analyzed when determining whether a use is a comparable use. These review criteria are there to protect the nearby property owners. 4) The food truck park identified in the SDP is not a neighborhood commercial use. 5) The "Food Truck Park" use is not comparable to a restaurant in that it is not located in a brick and -mortar facility and does not meet any Collier County LDC definition for a restaurant. It should be noted that representation for the Grider Revocable Trust have submitted Exhibits "I" & "J" to dismiss the SDP Appeal based upon Standing and Exhibit "K" to dismiss based on Jurisdiction. These Exhibits have been attached to the executive summary. FISCAL IMPACT: Approval or denial of the appeal can be expected to have a fiscal impact to the County, as both sides of the issue could appeal to the Courts. In addition, the decision will have a fiscal impact to the developer of the proposed food truck park. GROWTH MANAGEMENT IMPACT: Packet Pg. 102 10/12/2021 Not applicable. LEGAL CONSIDERATIONS: Section 509.102. F.S. was enacted with an effective date of July 1, 2020, which provides in part "(2)... A municipality, county, or other local governmental entity may not prohibit mobile food dispensing vehicles [food trucks] from operating within the entirety of the entity's jurisdiction." For a few years, staff has approved development orders and issued zoning verification letters to allow food trucks in zoning districts that allow Eating Places (SIC Code 5812). If the Board agrees with staff s interpretation, the Board may affirm staff s decision. If the Board does not agree with staff, it may reverse the decision. In either case, it may add conditions that it deems appropriate. The Board can also consider directing staff to amend the LDC to expressly address where food truck parks may be allowed. (HFAC) RECOMMENDATIONS: That the Board of Zoning Appeals uphold the issuance of approval for the food truck park Site Development Plan SDP-PL20200001903 in the Commercial Intermediate Zoning District. PREPARED BY: Mike Bosi, AICP, Zoning Director ATTACHMENT(S) 1. Exhibit-A-SDP-Approval-Letter(PDF) 2. [Linked] Exhibit-B-Appeal-SDP(PDF) 3. Exhibit-C-Official-Interpretation (PDF) 4. Exhibit-D-HEX Decision 2016-37 (PDF) 5. Exhibit-E-Approval of Hitching-Post-SDPI-C3-Zoning (PDF) 6. Exhibit-F-Food-Truck-C-4 (PDF) 7. Exhibit-G-ZVL-1995 Elsa St. (PDF) 8. [Linked] Exhibit-H-Applicant-Supplemental-Submittal (PDF) 9. legal ad - agenda ID 20034 (PDF) 10. Back-up Procedural Memo for Food Truck appeals 10-1 (DOC) 11. Back -up -Sec. 250-58. Appeal from decision of administrative official (DOCX) 12. Back -up -Resolution 95-376 (PDF) 13. Back -up -Resolution 98-167 (PDF) Packet Pg. 103 8.B 10/12/2021 COLLIER COUNTY Board of County Commissioners Item Number: 8.13 Doe ID: 20034 Item Summary: *** This Item to be heard no sooner than 1:00 p.m. *** FCC Beach & Yacht, LLC, filed an appeal of the administrative approval of the Site Development Plan SDP-PL20200001903, pursuant to Code of Laws and Ordinances Section 250-58, which authorized the development of a food truck park in the Commercial Intermediate District (C-3) Zoning District. The subject properties are located at 300, 320, 322 Capri Boulevard and 218 Kon Tiki Drive in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [PL20210001944], (Companion to items 8A & 8C) Meeting Date: 10/12/2021 Prepared by: Title: — Zoning Name: Mike Bosi 09/09/2021 8:47 AM Submitted by: Title: — Zoning Name: Mike Bosi 09/09/2021 8:47 AM Approved By: Review: Growth Management Department Growth Management Department Growth Management Department County Attorney's Office Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Lissett DeLaRosa Growth Management Department Trinity Scott Transportation James C French Growth Management Heidi Ashton-Cicko Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Laura Zautcke Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Sean Callahan Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 09/09/2021 9:12 AM Skipped 09/09/2021 5:26 PM Completed 09/17/2021 3:59 PM Completed 10/01/2021 1:54 PM Completed 10/01/2021 2:35 PM Completed 10/04/2021 2:37 PM Completed 10/06/2021 2:11 PM Completed 10/06/2021 3:28 PM 10/12/2021 9:00 AM Packet Pg. 104 8.B.1 Collier County GrcvAh Management Department July 29, 2021 Davidson Engineering, Inc. 4365 Radio Road Suite 201 Naples, FL 34104 Re: Final Site Development Plans Approval Isle of Capri - Food Truck Park (SDP) Project Number: PL20200001903 Dear Applicant - Davidson Engineering, Inc: THIS IS YOUR PERMIT AND MUST BE POSTED ONSITE! This office has reviewed the Final Site Development Plan for the referenced project and has no objection to the construction of water, sewer, paving, and drainage aspects of the project subject to the following stipulations: • By receipt and acceptance of this approval, the petitioner acknowledges that a pre -construction meeting is required by code for this project. If the pre -construction meeting is not held prior to the beginning of construction, the project will be cited and shut down until the required meeting is held. Even with an Early Work Authorization a pre -construction meeting is required. General Conditions • CHANGES IN USE AND/OR DESIGN OF THESE SITE AND ARCHITECTURAL PLANS ARE NOT AUTHORIZED WITHOUT WRITTEN APPROVAL BY THE COUNTY. CHANGES SHALL REQUIRE RE —REVIEW IN ACCORDANCE WITH ALL CURRENT COUNTY CODES INCLUDING PARKING FACILITIES, UTILITIES, TRANSPORTATION, ENVIRONMENTAL REQUIREMENTS AND THE LIKE. • A preliminary inspection and approval of the infrastructure for multi -family residential must be done by Engineer Inspections prior to any Certificate of Occupancy being granted. • Permits from other agencies having jurisdiction over this project shall be obtained prior to start of construction. • Please call Mr. David Crane at (239) 252-6820 to schedule a pre —construction meeting a minimum of 48 hours prior to start of construction. • This Final Site Development Plan is approved due to the issuance of a Certificate of Public Facility Adequacy #21-0033 with respect to Collier County Ordinance 93-82. • All construction activities permitted by this letter shall only occur during the following times: 6:30 A.M. to 7:00 P.M., Monday through Saturday; no work is permitted on Sundays and the following holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Day. • The review and approval of these improvement plans does not authorize the construction of required improvements, which are inconsistent with easement of record. • Upon completion of the infrastructure improvements associated with a site development plan and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in Section 10.02.05 of this code including electronic disk. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. Packet Pg. 105 Zoning Conditions 8.B.1 • SIGNAGE RESTRICTIONS: Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate building permit and must meet the provisions of the Collier County Land Development Code, Section 5.06.00, and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any sign placement, dimensions or color depicted on the site and/or architectural plans approved by this letter. • All PUD related stipulations shall apply to this project. Utility Conditions • See attached Exhibit "A" • Written confirmation from that the water/sewer facilities have been accepted and placed in service must be provided prior to issuance of a Certificate of Occupancy. • "APPROVAL OF THESE PLANS DOES NOT CONSTITUTE APPROVAL OF THE METER SIZE. SIZING OF THE METER SHALL BE DONE WITH THE APPROVAL OF PUBLIC UTILITIES ENGINEERING DIRECTOR OR HIS DESIGNEE, BASED ON DOCUMENTATION RECEIVED FROM THE ENGINEERING OF RECORD. THE METER DETAIL SHALL BE SUBMITTED TO ENGINEERING REVIEW SERVICE FOR APPROVAL PRIOR TO INSTALLATION". • No water or sewer utility construction shall commence until proper DEP permits have been obtained. Subdivision Conditions • All work shall be in accordance with applicable Collier County ordinances and rules and regulations of other entities having jurisdiction over the project. Environmental Conditions • Site clearing is conditioned to the stipulations contained on the approved plans. • Required permits for listed species relocation must be provided to staff at the pre -construction meeting. • Silt fencing must be installed prior to any mechanical clearing. • Exotic vegetation must be removed prior to preliminary acceptance as required on the approved plans. Water Management Conditions • All work shall be in accordance with applicable State or Federal rules and regulations. • Work area shall be properly barricaded with hay bales and/or silt screens during the entire time of construction, to prevent any siltation during construction. • Separate excavation permit must be obtained. • The engineer of record, prior to issuance of a Certificate of Occupancy, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. • This project shall be permitted by SFWMD. • Whether or not this project was permitted by SFWMD, dewatering shall not occur without a dewatering permit from the South Florida Water Management District. Addressing Conditions • Pursuant to Ordinance No. 07-62, no proposed subdivision, street, building, condominium, or development may utilize the same name or a similar sounding name as any existing subdivision, street, building, condominium, or development, except that the major street within a subdivision may utilize the name of the subdivision. Any changes to the project name shall be reviewed and approved by Growth Management Department/Planning and Regulation Addressing Section. Packet Pg. 106 8.B.1 Landscaping Conditions • At the time of Preliminary Acceptance, the Landscape Architect shall certify that the landscaping has been installed in substantial accordance with the approved plans and specifications. The certification shall be in a form approved by the County Manager or his designee. Fire Protection Conditions • Please note that prior to the accumulation of combustible building materials on site, proposed fire hydrants must be operable with the minimum required fire flows and improved stabilized emergency apparatus access ways (min. 20' wide) must be available to within 100' of the structures. • No fire appliances shall be obstructed, visually or functionally, by vegetation. Additional Stipulations • 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. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. • Building Review and Permitting - If boat docks are added to the site in the future, a dry firefighting standpipe system will be required. NFPA 1 MastrobertoThomas 02/10/2021 11:47 AM • Development Review - A pre -construction meeting is required prior to construction of water and/or sewer improvements. Contact David Crane at (239) 252-6820 or David.Crane@colliercountyfl.gov. All preliminary and final inspections of water and/or sewer improvements shall be requested in writing at least 48 hours ahead of time. Contact Joe Bianchi at (239) 252-2391 or Joe.Bianchi@colliercountyfl.gov. • Development Review - This approval does not constitute approval by Marco Island Utilities (MIU). A letter of approval from MIU must be submitted prior to scheduling the pre -construction meeting. • Environmental Services - Landscape installation and construction activities are to be completed outside of Burrowing Owl nesting season (2/15 to 7/10) along the west boundary of the project property. BrownCraig 07/16/2021 • Environmental Services - The preserve offsite payment receipt for $7000 paid to Conservation Collier must be provided at Pre -construction meeting. BrownCraig 07/16/2021. • Transportation Planning 07/19/2021 Informational Comment: COUNTY ROW PERMIT - County ROW permit is required for any construction/maintenance work proposed within any County public roadway ROW. For the purpose of establishing County ROW permit fees for existing access upgrades, the project is considered a small development (less than 600 new vehicle trips per day). A maintenance of traffic (MOT) plan will be required with the ROW permit application. The estimated duration of sidewalk closure will be needed to determine ROW permit fees. • Transportation Planning 07/19/2021 Stipulation: TIS — TIS titled "Traffic Impact Study Isles of Capri Food Truck", dated 06/20/2021, is approved as the basis for transportation concurrency (adequacy of roadway capacity) and for trip banking (reservation of road capacity) for 9 Food Cart Pods and 4,267 SF of Fast Casual Restaurant use. Note: As a number of categories were considered for land use codes, with LUC 926 and LUC 930 being determined to be the closest fit with SF being quantified as the basis for trip estimation, additional transportation mitigation may be required depending on actual site operations. PURSUANT TO HB 503, PLEASE COMPLETE THE ATTACHED AFFIDAVIT OF COMPLIANCE AND PROVIDE TO CLIENT SERVICES STAFF (252-2400). INCLUDE THE BALANCE OF ANY OUTSTANDING INSPECTION FEES TOGETHER WITH ANY REQUIRED STATE OR FEDERAL PERMITS. UPON PROCESSING THE AFFIDAVIT OF COMPLIANCE, A PRE -CONSTRUCTION MEETING MAY BE SCHEDULED. Packet Pg. 107 8.B.1 Be advised that this approval automatically expires in thirty-six (36) months pursuant to Collier County Land Development Code Section 10.02.03.H.2. The expiration date is July 29, 2024. Please call if you have any questions or need any additional information. Sincerely, Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 Packet Pg. 108 8.B.1 EXHIBIT "A" Isles of Capri Food Truck Park SDP-PL20200001903 1. All on -site water and gravity sewer, pump station and force main shall be owned, maintained and operated by the applicant, his successors or assigns. 2. Owner should have backflow prevention assembly certified by Public Utilities Department, Water Division prior to preliminary acceptance of any water main, and tested on an annual basis by a certified AWWA backflow prevention device technician with results submitted directly to the Collier County Utilities Water Operations Director. Failure to meet the requirement for the annual certification will result in termination of water service. Should the backflow prevention device fail for any reason, the developer is required to have the backflow prevention device repaired immediately. 3. Representatives of the Growth Management Department (GMD), Engineering Services Division are to meet with your office and the Contractor for a pre -construction conference. Scheduling can be arranged by contacting David Crane at 239-252-6820 or David.Crane@colliercountyfl.gov. Advise in writing with 48 hours notice of time and date. Conference shall be conducted at the Growth Management Department Building. Meeting includes both, site and utilities, Pre -Construction items. Owner, Developer, Engineer -of -Record, General, Site, and Utilities contractors are encouraged to attend. 4. Inspections during construction required by the Collier County Public Utilities, that must be coordinated by the Public Utilities Department, Water Division are listed below. Scheduling of date, time, method and material can be arranged by calling 239-775-2007 with a minimum of 48 hours written notice. a) Usage of water from the District water facilities for filling, flushing and testing purposes. Prior approval of time and method of usage is mandatory. b) Flushing, using approved methods and materials for all water mains. c) Bacteriological sampling of all water mains. d) Testing, clearance and certification of backflow device. e) Chlorination of water lines and reflushing of line after chlorination S. Inspections during construction required by the Public Utilities Department, that must be coordinated through GMD, Engineering Services Division, are listed below. Time and date can be arranged by contacting Joe Bianchi at Joe.Bianchi@colliercountyfl.gov. A minimum of 48 hours written notice is required to arrange scheduling. a) Hot taps to potable water lines larger than 6" and wastewater systems lines greater than 4". b) Master meter and bypass piping. c) Jack & Bore casings. d) Pressure tests. e) Infiltration/Exfiltration tests. f) Lift station installation, prior to cover-up and start-up. g) Lift station start-up. Packet Pg. 109 8.B.1 Exhibit "A" Page 2 h) Lamping of sewer lines. i) Pigging and flushing of wastewater lines, force mains, potable water mains and non - potable irrigation lines. Note: full bore flushing and pigging of potable water lines need only Water Department inspection. j) Television videotaping of wastewater lines at end of construction and the warranty period ("in -office review"). k) Conflict construction. 1) Connections to existing potable water, non -potable irrigation water and wastewater systems. m) 8" diameter or larger casing installations. n) Other special requirements as specified by the County staff at the time of construction document approval. o) Installation of temporary mete rs/backflows. p) Hot taps to any water concrete mains, pressure tests on lines 20" and greater, and connections to existing potable systems greater than 12" need to be inspected by the Water Department and GMD. q) Fire flow testing. 6. Be advised that it is your responsibility to coordinate the above tasks with the Public Utilities Department and Engineering Services Division, including approval of schedules, specific procedures, methods and materials. 7. Prior to the conveyance of documents for acceptance by the Board of County Commissioners, the following shall occur: a) TV of entire gravity system. 8. All inspections of the completed utility work prior to the conveyance shall be coordinated through GMD, Engineering Services Division with a 48 hour written notice requesting the facility inspection. Time and date can be arranged by contacting Lucia Martin at 239-252-2279 or lucia.martin@colliercountyfl.gov. 9. Prior to the issuance of Certificates of Occupancy and/or final acceptance of this project into the County system, the following shall be completed: a) Actual field testing of water mains for domestic and fire flow demands, shall occur. Final approval and acceptance of the project is contingent upon joint approval by the applicable Fire Control District, GMD - Engineering Services Division and Public Utilities Department. 10. If this project requires a water meter 2" or less to be set by the County Public Utilities Department on existing main; the meter may be set prior to board acceptance of utilities. Certificate of Occupancy will be withheld until such time as utilities facilities have been accepted. Packet Pg. 110 8.B.1 Exhibit "A" Page 3 11. Attached is a copy of the Public Utilities Department checklist which indicates the items which must be submitted upon completion of the proposed utility facilities for acceptance by the Board of County Commissioners. 12. Approval of the construction drawings as shown DOES NOT CONSTITUTE APPROVAL OF THE METER SIZING as shown. The Public Utilities Department shall size the meters at time of application. 13. If there are any changes made to the approved construction plans by the FDEP, the changes shall be resubmitted to GMD, Engineering Services Division for additional review and approval. Packet Pg. 111 8.B.1 Utilities Conveyance Checklist POTABLE WATER, NON -POTABLE IRRIGATION WATER AND WASTEWATER FACILITIES ACCEPTANCE Today's Date: July 7, 2021 Project Name Original Project No. (AR/PL): ISLES OF CAPRI FOOD TRUCK PARK Utility SDP-PL20200001903 PL#: Submittal Requirements NIA In Item review accepted Item Needed Notes 1. ❑ ❑ ❑ Final Utility Acceptance Application 2. ❑ ❑ ❑ Addressing Checklist (ID number or Folio number of Property) Legal Documents N/A In review Item accepted Item Needed Notes 1. ❑ ❑ ❑ Attorney's Affidavit 2. ❑ ❑ ❑ Owner's Affidavit 3. ❑ ❑ ❑ Warranty Deed/Bill of Sale with Exhibit B per Utilities Standards and Procedures Ordinance Section 10.2.6 4. ❑ ❑ ❑ Utilities Facilities Securities Subordination (required when any security interest in the utility facilities/systems is involved). UCC-1(s) can be subordinated by a Subordination or by use of UCC-3(s) if not released by Subordination. 5. ® ❑ ❑ Deed of Utility Easement - Copy of last Deed that conveyed title of the Associated Real Property and Copy of all Utility Easements then being conveyed to the County, including legal description with Surveyor's Sketch of Easement. (Utility easements are not required provided all utility facilities then being conveyed are in public right -of way, are in then existing utility easements, or are in CUES) 6. ❑ ❑ ❑ Utilities Performance Security (UPS) 10% of Total Cost plus Final Obligations cash bond of not less than $4,000 (AR-5939 & above) 7. ❑ ❑ ❑ Final Release of Lien from Utility Contractor for the system(s) or portion(s) thereof constructed 8. ® ❑ ❑ Facilities Lease (when applicable) Page 1 of 3 Rev. 7/2018 Packet Pg. 112 CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97-17, AS AMENDED Page 2 8.B.1 9. ® ❑ ❑ Facilities Lease (including Sub -Developer) use Form 10.1 Tests, Certifications and Supplemental Documents N/A In Item Notes review accepted Item Needed 1. ® ❑ ❑ Sewer Video of constructed gravity sewer (Sewer Report & Master Utility Sheet) 2. ® ❑ ❑ Certification of pressure testing of wastewater force mains by Engineer of Record 3. ® ❑ ❑ Certification of the infiltration/exfiltration tests for the sewer lines by Engineer of Record 4. ® ❑ ❑ Coating certification from the manufacturer or a professional testing laboratory for all manholes, wet wells and valve vault. 5. ® ❑ ❑ Lift station(s) start up report(s) 6. ® ❑ ❑ Electrical Contractor's certification of Lift Station electric service wire sizing and voltage drop pursuant to National Electrical Code Specifications 7. ® ❑ ❑ Start-up and successful testing of Data Flow telemetry equipment (AR-7936 & above) 8. ❑ ❑ ❑ Certification of pressure testing of water and non -potable irrigation mains by Engineer of Record 9. ❑ ❑ ❑ Letter by Engineer certifying that: • All water, non -potable irrigation and/or sewer facilities are located within the public right-of-way or dedicated easements • All the utilities system(s), or portion(s) thereof, has been constructed in accordance with County Ordinances and Regulations, including the required color for piping 10. ❑ ❑ ❑ One year (1) Warranty on work performed and system(s) or portion(s) thereof installed by Utilities Contractor 11. ❑ ❑ ❑ Engineer's Final Payment Confirmation 12. ® ❑ ❑ DEP Certification and copy of General Permit for WATER facilities (including interim facilities, if applicable); 13. ® ❑ ❑ DEP WATER Certification approval to be forwarded when received as a J 0 L a EL a a. 0 a x w c as E 0 M a Page 2 of 3 Rev. 07/2018 Packet Pg. 113 CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97-17, AS AMENDED Page 3 14. ® ❑ ❑ DEP Certification and copy of General Permit for SEWER facilities (including interim facilities, if applicable); 15. ® ❑ ❑ DEP SEWER Certification approval to be forwarded when received 16. ® ❑ ❑ DEP Certification and copy of General Permit for (RECLAIMED) NON - POTABLE IRRIGATION WATER facilities (including interim facilities, if applicable); In-service Letter to be forwarded when received 17. ❑ ❑ ❑ Lab results on bacteriological tests for potable water mains 18. ❑ ❑ ❑ Satisfactory Test Reports and Certification of backflow device by Certified Laboratory. 19. ❑ ❑ ❑ Verification of Final Cost (Include materials and labor, misc.) Cost breakdown — Contributory Assets for County/Private Materials (materials only) (i.e. detailed quantities, sizes, unit cost, total cost, etc) 20 ❑ ❑ ❑ Letter from the Fire District regarding ownership and maintenance of fire hydrants 21. ❑ ❑ ❑ Signed copy of field fire flow testing by the applicable Fire Control District Engineering Documents NIA In Item review accepted Item Needed Notes 1. ❑ ❑ ❑ One (1) complete set of Record Drawings to include all utilities and all related underground work signed and sealed by the Engineer of Record for potable water, non -potable irrigation water and / or wastewater system(s) or portion(s) thereof 2. ❑ ❑ ❑ One (1) computer -generated disk of Record Drawings in CAD and PDF format in accordance with Section 10.4: Record Drawings of the Utilities Standards and Procedures Ordinance 3. ® ❑ ❑ Longitude and latitude shall appear on detail sheet. (AR-7936 & above) Office Use Only below this line ®W ❑W/S ❑s ❑IRR 8.B.1 a Page 3 of 3 Rev. 07/2018 Packet Pg. 114 8.B.3 Growth Management Division - Planning & Regulation Planning & Zoning Department August 4, 2021 D. Wayne Arnold Q. Grady Minor & Associates 3800 Via Del Ray Bonita Springs, FL 34134 RE: INTP-2021-PL-0943, FOOD TRUCKS AS PERMITTED USES IN THE C-2 AND C-3 ZONING DISTICT, OFFICIAL INTERPRETATION REQUEST Dear Mr. Arnold. - Pursuant to Land Development Code (LDC) Section 1.06.01.D, the Planning and Zoning Director has been requested to render an official interpretation of the Collier County Land Development Code (LDC), for FCC Beach & Yacht, LLC, PL20210000943. The official interpretation responds to the below request: The applicant seeks to confirm that a "Food Truck Park", "Food Truck Court", or "Mobile Food Vending Park", is not a permitted use in the G-2 and C-3 Zoning Districts, or within any commercial component of a Planned Unit Development (PUD), unless the specific use of a "Food Truck Park", "Food Truck Court", or "Mobile Food Vending Site" (hereinafter collectively referred to as "Food Truck Park") is identified as a permitted use within the commercial zoning district or commercial component of a PUD. This interpretation also seeks to confirm that a "Food Truck Park", may not be deemed a permitted use within the C-2 and C-3 Zoning Districts, or any commercial component of a PUD. The interpretation seeks to confirm that the LDC must be amended to allow Food Truck Parks as an allowed use assuming the Board of County Commissioners agrees such a use should be allowed. Response The uses provided for within the C-2 and C-3 zoning districts, as enumerated within LDC sections 2.03.03.B and 2.03.03.0 currently do not list food truck park as a permitted use. LDC section 2.03.03.B.1.a.74 (C-2 permitted use) and 2.03.03.C.1.a.96 (C-3 permitted use) provide for the following uses, "Any other commercial convenience use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K " & "Any other intermediate commercial use which is comparable in nature with the list ofpermitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K" As noted within your application LDC section 2.03.00.A states, "Rules for Interpretation of Uses. In any zoning district, where the list of permitted uses contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted uses, which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or Packet Pg. 115 8.B.3 not that use is permitted in the district shall be made through the process outlined in LDC section 10.02.06 K " Further LDC section 10.02.06.K in part reads, "Comparable Use Determination.]. The following Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD.2. To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public hearing based on the following standards..." Within Hearing Examiner Decision HEX NO. 2016-37 (Attachment "A"), the Hearing Examiner determined that the proposed use of a food truck park is comparable and compatible in nature to other permitted uses in the General Commercial (C-4) zoning district and affirmed staff s determination as stated in the Zoning Verification Letter ZVL(CUD)-PL20160001881, which was an attachment of the decision. Zoning Verification Letter PL20160001881, which initiates the comparable use determination, requested that staff determine that the use of "food truck park" is comparable with the permitted use in the C-4 district of "eating and drinking establishments" or SIC 5812. The conclusion of that zoning verification letter determined that, "the requested use is comparable and compatible to other permitted uses in the district and is therefore a permitted use. In order to become valid, this determination requires affirmation by the Hearing Examiner. " As noted, HEX NO.2016-37 affirmed the determination of the zoning verification letter PL20160001881. Based upon the determination, food truck parks are treated as permitted uses within zoning districts that permit SIC 5812, subject to whatever size limitations imposed by the respective zoning district. Both the C-2 and C-3 zoning districts permit SIC 5812 with square footage limitations and based upon HEX NO. 2016-37 determination, food truck parks are permitted within those zoning districts subject to the square footage limitations. Further evidence of the position that food truck parks are permitted within the zoning districts that permitted SIC 5812, eating establishments, ZLTR-PL20190002574 (Attachment "B"), determined that a food truck park was permitted within the Industrial zoning district under Eating Establishment (SIC 5812). ZLTR-PL20200001955 (Attachment "C") provides a second example where the County determined that the C-3 zoning district permits restaurants/food truck establishments (SIC 5812) by right. While the Commercial and Industrial zoning districts do not specifically designate food trucks as permitted uses, the Comparable Use determination process has been established to identify similar uses to a zoning district when the proposed use has been determined to be comparable and compatible to existing uses in the zoning district. Hearing Examiner Decision No. 2016-37, established food truck parks as comparable and compatible to a restaurant use and based upon that determination, all zoning districts that permit restaurants (SIC 5812) are determined to also permit food trucks subject to whatever restrictions imposed by the zoning district including square footage limitations. Pursuant to Division 10.02.021. ofthe LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site -specific interpretation, all property owners within 300 feet ofthe subject property will receive mail notice and acopy ofthis interpretation and appeal time frames wit I be placed inthe NaplesDailyNews. Within 3 0 days ofreceipt ofthis letter, or within 30 days of publication ofthe public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation Packet Pg. 116 8.B.3 to the Office of the Hearing Examiner, as directed by Section 2-87 of the Collier County Code of Laws and Ordinances. A request for an appeal must be filed in writing within 30 days of the date of this Official Interpretation and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support ofthe appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, ram/ /�">4 Mike Bosi, AICP, Zoning Director Growth Management Division/Planning and Regulation Cc: Collier County Board ofCounty Commissioners Mark Isackson, County Manager Sean Callahan, Deputy County Manager Amy Patterson, Deputy County Manager Klatzkow, County Attorney Jamie French, Deputy Head Growth Management Department Heidi Ashton-Cicko, Assistant County Attorney Packet Pg. 117 HEX NO.2016 — 37 HEARING EXAMINER DECISION PETITION NO. ZVL(CUD)-PL20160001881 — Naples 2.0 LLC requests affirmation of a Zoning Verification Letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of food truck park is comparable and compatible in nature to other permitted uses in the General Commercial — Bayshore Mixed Use Overlay District — Neighborhood Commercial Subdistrict (C-4-BMUD-NC). The subject property is located approximately one -quarter mile south of Tamiami Trail East, on the west side of Bayshore Drive, in Section 11, Township 50 South, Range 25 East, Collier County, Florida, consisting of 0.75f acres. DATE OF HEARING: September 22, 2016 STAFF RECOMMENDATION: Approval. FTNTITNf_C- 1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the Code of Laws and Ordinances, and Sub -section 2.03.03 D.1.c.26 of the Land Development Code. 2. Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.06.J of the Land Development Code has been met and the petition should be approved. ANAT,VCTC- The applicant has stated it is the intention that the food trucks will remain on -site a minimum of thirty (30) consecutive days, although not a requirement. This will aid in their functioning in a more stable manner than a typical food truck. No members of the public spoke in opposition to this application. DECISION: The Hearing Examiner hereby approves Petition No. ZVL(CUD)-PL20160001881, filed by Laura DeJohn, AICP, of Johnson Engineering, Inc., representing Naples 2.0 LLC, requesting approval of a zoning verification letter determining that the proposed use of food truck park is comparable and compatible in nature to other permitted uses in the General Commercial — Bayshore Mixed Use Overlay District — Neighborhood Commercial Subdistrict (C-4-BMUD- NC), on the property located at the intersection of Bayshore Drive and Becca Avenue and further described herein, and affirms staff s determinations as stated in the Zoning Verification Letter attached as Exhibit "A", subject to the condition(s) set forth below. [16-CPS-01583/1288891/1]41 1 of Packet Pg. 118 8.B.4 ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL(CUD)-PL20160001881 LEGAL DESCRIPTION: Lot 1, 2, 3, 4 and 5, Demere Landing, according to the plat thereof as recorded in Plat Book 4, Page 14, Public Records of Collier County, Florida. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Date V - Mark Strain, Hearing Examiner Appro as to form nd legality: Scott A. Stone Assistant County Attorney [16-CPS-01583/1288891/1]41 2 of 2 Packet Pg. 119 C O IeV COT/my Growth Management Department Zoning Division August 26, 2016 Laura DeJohn, AICP Johnson Engineering, Inc. 2350 Stanford Ct Naples, FL 34112 Re: Zoning Verification Letter ZVL (CUD)-PL20160001881; Food Truck Court, Bayshore Drive and Becca Avenue, Collier County, Florida, Multiple Folio Numbers Dear Ms. DeJohn: Thank you for your request for a Comparable Use Determination (CUD). The subject property is zoned General Commercial, Bayshore Mixed -Use Overlay District, Neighborhood Commercial (C-4-BMUD-NC). You requested a determination that the use of "food truck park" is comparable with the permitted use in the C-4 district of "eating and drinking establishments". BMUD-NC also permits "bars" and "restaurants". A Zoning Verification Letter, dated April 5, 2016 from Ray Bellows stated that proposed uses are consistent with the purpose and intent statements of both the C-4 and BMUD-NC districts; however, the LDC does not specifically allow mobile food vendors to operate from a fixed location in either district. The Zoning Verification Letter determined that the use of "food truck park' is not a specific permitted use, and recommended a CUD to make that determination. The State of Florida regulates food trucks under the Division of Hotels and Restaurants, indicating that the State considers them to be classified as restaurants. In addition, you have stated that the minimum stay of each truck on the site shall be 30 days, giving a more stable location than a typical mobile vendor. The proposed food truck park may also include the sale of seafood from a vessel moored at the site. This use is classified as Seafood Market (SIC 5421), which is also a permitted use in the C-4 district. Exhibit "A" Page 1 of 2 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www,colliergov.net Packet Pg. 120 Based on the research above and in the application, the Planning Manager has determined that the requested use is comparable and compatible to the other permitted uses in the district and is therefore a permitted use. In order to become valid, this determination requires affirmation by the Hearing Examiner Please be advised that the information presented in this verification letter is based on the LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 or fredreischl@colliergov.net. Researched and prepared by: Reviewed by: Frkkeischl, AICP, Principal Planner Raymo V. Bellows, Zoning Manager Planning & Zoning Planning & Zoning cc: Anis Moxam, Addressing Exhibit "A" Page 2 of 2 Packet Pg. 121 8.B.5 Collier County Growth Management ❑epartrnent Development Review Division January 17, 2019 Jeffrey S. Curl 4010 8TH AVE SE Naples, FL 34117 RE: Insubstantial Change No. PL20180003127 Hitching Post Shopping Center (SDPI) Dear Applicant: This is in response to your submittal of plans showing changes to SDP 74-156 to add four (4) food track parking spaces (not permanent structures), shell seating areas, add one landscape island, irrigation adjustment, and loading zone striping. This office has reviewed the plans and has no objection to the changes shown unless noted under stipulations. STIPULATIONS: • 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. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. • Zoning - Please be advised: If anytime in the future noise becomes an issue, The County Manager or designee may require additional landscape buffering beyond LDC requirements, the relocation of the outdoor serving area to another part of the development , the installation of sound attenuation devices, limitations to hours of operation and further restrictions on outdoor entertainment and amplified sound which, in their professional judgment, will help to mitigate the impacts of the outdoor serving area on adjacent residential zoning districts and/or residential uses. SIGNAGE RESTRICTIONS: • Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate building permit and must meet the provisions of the Collier County Land Development Code, Section 5.06.00, and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any sign placement, dimensions, or color depicted on the site and/or architectural plans approved by this letter. Please contact Annis Moxam at (239) 252-5519 to coordinate possible addressing changes. "Be advised that this project has been reviewed by staff in accordance with the applicant's description of work as identified in the cover letter. The applicant bears full responsibility for identifying all proposed work, and building permits for any work shown changed on the plans but not identified in the cover letter may be rejected pending further staff review." Sincerely, V eac&#Uear R&,,eew V &i� Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 Packet Pg. 122 239-252-2400 8.B.5 O L Q Q Q d > m L N .s E Q O fC N Q Q M O O N Q Packet Pg. 123 COVER SHEET INFORMATION: 8.113.5 project title: THE HITCHING POST name of owner: Christopher Shucart on behalf of JCS REALTY GROUP LLC address: 1 1500-1 1572 TAMIAMI TRAIL EAST, Naples, FL 34113 telephone: 239.692.8397 name of agent: JEFFREY S CURL ASLA I CLARB firm: eMERGE DESIGN LLC address: 4010 8th Ave S.E., Naples, FL 34117 telephone: 239.304.9443 application type: Insubstantial Change to Site Development Plan approvals: SDP 74-156 0 zoning designation: C-3/CONDITIONAL USE (CU-PL-10-1949; 11-102) use: SHOPPING CENTER (THE HITCHING POST) Folio Number: 00447800009 Legal Descriptions: 33 50 26 COMM SW CNR SEC, N 3287.1 OFT TO POB, CONT N ALG SEC LI TO S R/W US 41, SELY ALG S R/W U 41 1108.61 FTTO W R/W BAREFOOT WILLIAMS RD, SLY 20OFT, NWLY TO POB, LESS OR 1315 PG 1850, LESS OR 1913 PG 1601 Street Address: 1 1500-1 1572 TAMIAMI TRAIL EAST, Naples, FL co e--r RevieWprl and onnroved For: Permit Issuance PL20180003127 Date:1/17/2019 E. M EFRC3(=' LANDSCAPE ARCHITECTURE Landscapecape 0005tureBusiness license # LC26000561 des I g n LLC info@emergedesign.biz 1239.272.7933 4010 8th AVE. SE, NAPLES, FL 34117 0 VICINITY MAP: TAMIAMI TRAIL EAST (U.S. 41) PROJECT SITE t: NORTH Not to scale Residential Zoning Within 2500 Feet (see Aerial with Radius) North/West RSF-4, PUD Naples Manor, Whistler's Cove ,Tree Tops of Naples, North/East PUD Lely Resort South/West RSF-4, Mobile Home Trail Acres, Hitching Post South/East Mobile Home, PUD Hitching Post, Tall Oaks, Victoria Falls THIS DRAWING IS THE EXCLUSIVE PROPERTY, DESIGN, AND CREATION OF eMERGE Design LLC, AND SHALL NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE PREVIOUS, EXPRESSED WRITTEN CONSENT OF eMERGE Design LLC o 2018 revision/issue date: 1 1.07.18 & date: 10.11.18 1 10.10.18 filename: 181 107-sdpi.dwg project number: 1859 �. O. a. 4 . • . a. Q. V n •• • • Q. 41 . Q r. ♦ 4 n t a t E-.. onMng: PR � 6n i`�R k i nga.RI-�� E :C: . \ 54' to W H" 2500' RADIUS ZONING MAP: 11 • NE Iting aIr rea 662.5' to - . �' " F-4"/S. F. iiincg: P'U r, 2500' to SW seating area NORTH SCALE: 1 " = 400' � �ZNR i Z. 2005' to "RSF-4"/S.F. 2549.91 to 11RSF-41 /S . F . 1756.9' to D R I /S.F. 1 ° — .r F 1 1 7.8 to "M "/mobile 958' to �,: 4. home "RSF4 /S.F. Excp. I�IUA �SR 2211.3' to "M H" /S . F . - - 1615.8 to M H /S . F . Zo n in Zoning: Ep: R - -- a — ie - r �I• r , �F 11500-11572 TAMIAMI TRAIL EAST COVER SHEET 1 o JeffreyS.Curl ASLA CLARB Registered Landscape Architect FLA.LIC LA#6666769 Packet Pg. 124 7-7-A A/T TA A111 7-7-H -A ITJ T�T S� 8.113.5 --TAIL 1ENCEMENT '01'E F.I.R. LB 043 94' >R w P. 0. B. PLANTER (TYPICAL) w U 3 Q Lu IL � z O 67.9' Q Q ASP L Q N 14' WIDTH CRUSHED 1 SHELL PARKING 1,079 s.f. area 0 Truck #2 Z L6 QFood 1 UNENCLOSED GRASS SEAT G RE 972 s.f. rea L L UNDER ROOF CONCRETE WALK LL I 0 Food Truck #3 J � O op 89.4' O Q ~ ® 106' a U W 26'A 0 LO 1 VUA 00 Ex.'B' Z • ' 14 MYRFRA 1 o� -O CONCRETE Buffer O ga 3 MAG BR3 1 APRON o F.I.R. & N B&B (L.B. 3241) VUA STEPS CHR RED ga 10 3241 ,& VUA CONCRETE 05,5/ N,7300' 27 3' 0 �I!J 12.0' EXISTING \ 25 90 Z HEDGE/PALMS WM 14.6 MEETS B' ELEC. METER HITCHING POST, BUFFER CODE ASPHALT HOMEOWNERS Q�ti SMH ASSOCIATION Ex. 'B' Buffer ��, Food (ADJ. RES ZONING) 6' CHAIN LINK Truck GW FENCE F.I.R. B&B (L.B. 32 ) PP 'TALL CONCRETE N.2504336'E. - 16 28' BL WAL OCK L ASPHALT PUMP F.P.K.&D. WALL 0 N n 0 o ` ll ca o c S a y 04 v Z If- E CO r0 a 00 V o •� o C4 a NOTE: MOUNT RAIN-CLIK ON ANY SURFACE WHERE IT WILL BE EXPOSED TO UNOBSTRUCTED RAINFALL, BUT NOT IN THE PATH OF SPRINKLER SPRAY. RAIN-CLIK NO SCALE INSTALLATION DETAIL FINISH GRADE WITH'CV' OPTION INSTALLED MODEL MPR40-06-CV WITH 'CV' OPTION INSTALLED SWING JOINT: HUNTER 'PRO -FLEX' TUBING, HSBE-050 ELBOWS (2), & MARLEX STREET ELBOW (1) SEPTIC TANK FPL TRANSFORMER A/C GREASE TRAP (200' RIGHT OF WA Y) SIDEWALK WPP OVERHEAD POWER LINE 6" CURB (TYPICAL) BEARING BASIS S.54025'07'E 929.42' WPP ASPHALT PARKING & DRIVE PARCEL AREA: 787,456.36 Sq.Ft. 4.17+/- ACRES EVAPORATOR COILS FOR PROPANE O.R. BOOK 3651 FREEZER TANK 0769 A/C ® :ENGE ° ° CONCRETE PIPE BOLLARD (TY. SIGN PLANTER 664.8' PAVER RAMP STREET ADDRESS 11500 TO 11572 TAMIAMI TRAIL E. ONE-STORY COMMERCIAL BUILDING 46630 SQ. FT. 1.07 ACRES FLOOR ELEVATION OF BUILDING IS AT 7.9' NGVD 719.6' O i r, R. BOOK 3651 PG. 0767 WPP GREASE GREASE \ PROPANE UTS TRAP TRAP 4' TALL CONCRETE TANK ASPHALT BLOCK WALL O.R. BOOK 1262 GP GP (� TANK IS ON CONCRETE PAD WITH PALM TREES AROUND IT 191>•1ly:Eel R-AO. MODEL MPR40-12-Cl WITH'CV' OPTION INSTA LATERAL PIP LATERAL TEE OR EL SWING JOIP HUNTER'PRO-FLEX' TUBIN PG. 35 O.R. BOOK 1262 N.54025'01 "W. 837.36' PG.359 MAINTENANCE NOTE: STOP 19 SIGNAL CONSTRUCT NEW 'D' CURB; SEE DETAIL EXISTING SURFACE DRAINAGE PATTERN [(MAINTAINED) Lq NDSC` EXISTING TRAFFIC /SL,q/Vp PE HEDGE/PALMS BOX MEETS'D' 4" THERMOPLASTIC PAVEM T BUFFER CODE STRIPING (-LOADING ZONE) WPP F.I.R. -- _ -8.0' • /HII �1 GV•• 2.0' 8.0' VUA Ex. 10.0' AREA (Sod) QD' Buffer MAG BR3 2 VUA B & B 78.1' QEx. 'D' Buffer Food Truck #11 NE CLOSED GRASS ASPHALT PARKING & DRIVE 1 SEATING AREA 1 12 s.f. area o Q 30.0' N O 40.4' N 0 Z Q Z Q Lu ``� 1 M L� 3 Z c.j 0 M jD C) � � ° Q °� O UNDERGROUND 10 0.5' PROPANE TANKS O Q COVERED WALK _ CONCRETE WALK _ 50.9' FPL- 34.1 ' o ® UNDER ROOF • m• ASPHALT / COLUMN LINE GP � AN GRASS _ 15' REAR & SIDE SETBACK DSCAPE OVERHEAD POWER LINE 31 5' O.R. BOOK 1262 ASPHALT GP PG. 372 - O.R. BOOK 1262 10'- 20' RIGHT-OF-WAY EASEMENT CHISHOLM TRAIL -�� HITCHING POST HOMEOWNERS ASSOCIATION - PG. 372 F.N. AREA CONTAINING SIDEWALK, PAVED AREA, OR ROOT BARRIER (TYP.) ) UNDERGROUND / \ \ 4" MIN WIDTH ( UTILITY The stormwater system and / �Vo o N \ \ 1 infrastructure is private and shall be ' �' maintained by JCS Realty Group, LLC V V dl MAX 2" BELOW ADJACENT l 10' OR LESS TO SIDEWALK, and/or its successor or assignee 6 0& SIDEWALK PAVED AREA OR /- GRADE. LANDSCAPE MAINTENANCE Q 1 X yy IINISHED GRADE UNDERGROUND MAINTAIN THIS S BOARRIER IN AND ...-._ -. _ -_- __-..__.. .. _.._...__Z111111111111111111117to ����MIN BELOW F�������\ / � UTILITY PERPETUITY. 25' FRONT YARD SETBACK NOTES: Q 1. All required buffer, BFPA, existing VUA and General requirements meet or shall meet Code, in perpetuity. 2. Adjust existing irrigation to provide for 100% coverage (separate sod from other zones) 3. Improvement area VUA Trees provided at rates of 1/250 s.f. (of 10% modified VUA Areas) and/or one per island hi NOTE: o / The approval of these construction plans does not authorize construction Y f d' t h h o require Improvemen s w are.. .. .... . . FLAG AND/OR MARK . inconsistent with easement of record THICKENED EDGE • LOCATIONS FOR THE Q ,LANDSCAPE •,•,•,•••••••• 1 CONTRACTOR.. . .•.•.• • CONSULT BUILDING•• STRUCTURAL ' ' LATERAL TEE OR ELLS HSBE-050 ELBOWS (2), & OUTDOOR SEATING: ' ENGINEER FOR•••••••••••••• . SUITABLE ROOT MARLEX STREET ELBOW (1) BARRIER/PROTECTION.•••••••• . . . . . . . . . . . . . . . LATERAL PIPE HOURS OF OPERATION: 7 a.m.-10 p.m. LIVE PERFORMANCE/AMPLIFIED MPR40-06-CV MPR40-12-CV SOUND: NONE PROPOSED PLAN MP ROTATOR SPRINKLER MP ROTATOR SPRINKLER APPROXIMATE DISTANCES OF ROOT BARRIER DETAIL ADJACENT RESIDENTIAL ZONING ROOT BARRIER ZONE: Building, sidewalk, or paved edges occurring within this zone shall be protected and maintained from tree roots with the ai.. of a root barrier LA/VDSCAPE /SL,gND LAA/DSCAPE /SL,gND WPP COVERED WALK UNDER ROOF C/L FPL 10' EASEMENT O.R. BOOK 890 PG. 0088 SPECIFICATION. VERIFY FOR CODE COMPLIANCE PRIOR TO INSTALLATION. NOT TO SCALE CflIRRIGATION DETAIL NOT TO SCALE CEIRRIGATION DETAIL ' NOT TO SCALE LANDSCAPE INSTALLATION NOTES: 1. A set of Construction Documents and/or Approved Code -required Plans shall be on site at all times. DISTRICTS: See Cover Sheet Q LDC IRRIGATION NOTES: HITCHING POST SHOPPING CENTER PARKING MATRIX EXISTING CONDITIONS TOTAL SHOPPING CENTER SF 46,600 2. All utilities, easements, right-of-way, Ownership, and/or other survey data shall be verified by the General Contractor, Sitework Contractor, and/or Landscape Contractor prior to the Commencement of Work. 3. Compliance / Permit acquisition and/or display is required for Code -relevant requirements (such as, but not limited to: removals, trimming, 1. The site is to contain 100% Irrigation Coverage via an efficient system utilizing standards common to the industry. 2. The Irrigation system is to be controlled by a rain sensor switch connected to the System controller. The capacity/location of the System controller is to be verified and coordinated as necessary to rain sensor TOTAL ALLOWABLE RESTAURANT SF 9,320 20% TOTAL PARKING SPACES REQUIRED 186 1/250 SF TOTAL PARKING SPACES PROVIDED 222 PARKING SPACE SURPLUS 36 replacement, etc.). control/expansion (if required). 4. Verify Plant Quantities and Specifications with the Landscape Architect (also referenced as "L.A." hereafter). Notify the Landscape Architect immediately if discrepancies are noted. Planting Plan shall take precedence over'Plant List Quantities.' The L.A. reserves the right for material 3. Coordinate separation, electrical, and other requirements when determining spray head location(s) per #6. 4. Irrigation sleeving is to be a minimum of Schedule 40 PVC. This work is to be coordinated by the General CURRENT RESTAURANTS NAPOLI ON THE BAY PIZZARIA 1,000 R'S DINER 2,110 rejection if the installation does not correspond to the Plant List 'Specification / Remark'. Contractor. The Irrigation Contractor/Subcontractor shall not be responsible for sleeving installation unless this GARIBALIDI MEXICAN GRILL 2,400 5. Plant material is to be Florida Grade #1 minimum and Florida Fancy for plant material specified as "Specimen." Trees are to be considered single trunk and meet the minimum standard for Code within the applicable jurisdiction. pp 1 work is in the Irrigation Scope of Work. Sleeving shall be clearly marked, flagged, or otherwise delineated above grade to avoid damage and provide ease of location for future use. sleeving shall be utilized in areas where piping TOTAL SF OF EXISTING RESTAURANTS 5,510 TOTAL ALLOWABLE RESTAURANT SF 9,320 6. Sizes/specifications are considered minimum. Installation material is to meet or exceed these requirements - verify any discrepancy prior to must cross a greater than 5' width, such as roads and walks. ADDITIONAL SF OF RESTAURANTS ALLOWED 3,810 material purchase, delivery, and/Or Installation. - 7. The Landscape Contractor shall verify the location of plant material with the Landscape Architect prior to installation contact the L.A. for specific guidelines. If a site conflict / potential is noted, notify the Landscape Architect prior to material installation. The L.A. reserves the right for material relocation if the installation does not correspond to the Planting Plan. 8. The Landscape Contractor and/or Irrigation Contractor shall be responsible for damaged site utilities, infrastructure, etc. Repair /Replace shall be a requirement. 9. Verify site removals, relocations, and/or protected items prior to Bid Preparation. This may include but not be limited to: sod, soil, plant material, stumps, etc. The Landscape Contractor shall be required to complete work as outlined with the Planting Plan(s), Specifications, and Notes. 10. Quantities and specification are subject to adjustment, relocation, and/or removal during or after the installation and subsequent approval process by the L.A. 11. Exotic(s) or Nuisance Plants as defined by the local agency(ies) shall supercede State requirements; however, the Florida Exotic Pest Plant Council (FLEPPC) and/or OF-IFAS Standards shall be used as a database to 'ustif removals if no local ordinance/Code re uirement exists 5. Backflow Preventer shall be required per Industry standards and Collier County Codes. 6. Avoid overspray on pavement, buildings, etc. Utilize pressure -compensating heads for elimination of aerosol spray (This is a standard feature of INST, Hunter spray heads). 7. Verify pressure and flow rate after the Meter/Backflow assembly prior to bid submission. The design is based upon the following operating parameters: 60 GPM Max. and 40 PSI Min.-60 PSI Max. 8. Pipe sizing shall be determined by the Friction Loss Method and water velocity shall not exceed 5 cubic feet per second. 9. Constant pressure piping shall be SCH 40 PVC. 10. The Irrigation Contractor shall supply As -built drawings and material cut sheets upon installation completion and as a term of Final Acceptance. This cost shall be accommodated in the bid. 11. Zones shall be marked in the controller box and corresponding valves shall have affixed to the Valve Cover a PARKING MATRIX WITH PROPOSED INSUBSTANTIAL CHANGE TOTAL SHOPPING CENTER SF 46,600 TOTAL ALLOWABLE RESTAURANT SF 9,320 20% TOTAL SF OF EXISTING RESTAURANTS* 7,110 15% ADDITIONAL SF OF RESTAURANTS ALLOWED** 2,210 5% TOTAL SF FOR PARKING CALCULATION 46,600 TOTAL PARKING SPACES REQUIRED 186 1 /250 SF TOTAL PARKING SPACES PROVIDED*** 218 PARKING SPACE SURPLUS 32 * Incudes 1600 SF of food truck and seatng areas, plus 5,510 SF of existing restaurant space in center. No addional parking required since total restaurant area is less that 20%, including 1600 sf for food truck parking/seating. * Without utilizing surplus parking ( per LDC) 1 Y q 12. The Landscape Contractor shall execute pruning via a Certified Arborist and using standards as established by the International Society of waterproof, fade -resistant tag. Arboriculture. All pruning, upon request, shall be advised by the L.A. 12. Verify installation and parts warranty prior to Contract execution. 13. Trees and palms over 8' in height shall be staked. 13. Irrigation heads in planting beds shall be 12" pop-up minimum and 6" pop-up minimum in sod areas. Risers, if 14. The Landscape Contractor and/or Irrigation Contractor shall be responsible for: 1) plant warranties and replacements, as specified within their installed, shall be black pvc consistent with later piping. Substitution(s) shall not be accepted unless the L.A. is notified respective agreement(s) 2) plant material maintenance until "Substantial Completion" 3) plant material protection adequacy 4) Scope of Work prior to installation. If substituted without notification, a CREDIT shall be issued to the client for comparable pop-up *THICKENED EDGE/SIDEWALK SECTION PLANT SCHEDULE NATIVE ZONE TREES I QTY I BOTANICAL NAME / COMMON NAME ICONT ICAL I SIZE IDETAIL MAG BR3 15 1 Magnolia grandiflora Brackens Brown Beauty / Brackens Southern Magnolia IB&B 1.75"Cal I 10'-12'H X 5'-6'W I Y / 7 SHRUBS QTY BOTANICAL NAME / COMMON NAME SI7E FIELD2 FIELD3 IDETAIL CHR RED 163 Chrysobalanus icaco'Red Tip' / Red Tip Cocoplum 7 gal 36" CA, 4 O.C. Double staggered hedge Y /10 MYR FRA 114 Myrcianthes fragrans / Simpson's Stopper 7 gal 24" HT. verification and execution 5) coordination of all Subcontractor(s) sprays. Verify remaining type(s), if necessary. Install quick couplers as required or as noted. MULCH TBD 3" AFTER WATER -IN; VITAMULCH 15. The Owner / General Contractor shall be responsible for: 1) Providing Final Grade, Site Access, Security of the site 2) Contract review and p g Y 14. This system shall be automated, provide a moisture sensing device, and will avoid the application (or indirect runoff Y g pp SOD EDGING TBD TBD REPAIR/REPLACE, AS REQUIRED P.T. or metal to contain shell areas against sod acceptance of terms 3) Plant / Irrigation Maintenance coordination 4) Payment milestones. of irrigation water) of water to Impervious areas. FILTER FABRIC CRUSHED SHELL TBD TBD UNDER CRUSHED SHELL 3" DEPTH, ROLLED OVER FABRIC E M EFRC3 E LANDSCAPE ARCHITECTURE Landscapecape 0005tureBusiness license # LC26000561 de s I g n LLC info@emergedesign.biz 1239.272.7933 4010 8th AVE. SE, NAPLES, FL 34117 AIR ALTERNATE SECTION ArborBrace (305) 992-4104 ArborAnchorO ArborAnchor driven below grade to necessary depth determined by soil. (1.5 to 2.5 feet as required) TREE GUYING DETAIL NOT TO SCALE THIS DRAWING IS THE EXCLUSIVE PROPERTY, DESIGN, revision/issue date: 01.10.18, 12.21.18 0 30' 60' NORTH 11500 11572 TAMIAMI TRAIL EAST AND CREATION OF eMERGE Design LLC, AND SHALL date: 1 1.07.18 1 10.1 1.18 1 10.10.18 _ NOT BE REPRODUCED IN WHOLE OR IN PART filename: 1901 10-sdpi.dwg scale: WITHOUT THE PREVIOUS, EXPRESSED WRITTEN project number: 1859 CONSENT OF eMERGE Design LLC ©2018 0 1 2 1 " = 30* LANDSCAPE/IRRIGATION PLAN, NOTES, DETAILS/SPECIFICATIONS Tension Buckle Loop loose end of webbing around leading branch of tree. Tie 112 knot onto backside of buckle. Pull buckle towards ArborAnchor to tension line. -1 1 Guy line` No mulch near trunk Create watering ring / Rootball flush with existing grade 3" Mulch 2 O �T • RegiJeffreyS.Cud ASLA CLARB steredLandscapeArchitect FLA.UC LA#6565769 M 0 rn CD CD CD 0 N O N J d a. 0 to O Ta > 0 a CL Q m L E Q O a� a a a M O CD N Packet Pg. 125 CAPI r CA01414ty Growth Management Department Development Review Division July 25, 2019 Gina Green 3310 1 st Avenue NW Naples, FL 34120 RE: Site Improvement Plan No. PL20180002710 4811 Tamiami Trail East Food Truck Restaurant (SIP) Dear Applicant: This is in response to your submittal of plans showing modifications to Naples South Subdivision to convert the east half of the existing building into a seating area and storage for a food truck restaurant. The GMD Development Review Staff has determined the proposed Site Improvement Plan PL20180002710 to be in compliance with the standards set forth in Section 10.02.03 of the Collier County Land Development Code. Changes in use and or design of this plan are not authorized without written approval by the County, and such changes shall require review in accordance with all current County codes including parking facilities, utilities, and transportation. This office has reviewed the plans and has no objection to the changes shown unless noted under stipulations. STIPULATIONS: • 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. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. • Architectural Services - Re -painting of the building, colors are required to meet the County color standards and percentage of use for limited colors. • Transportation Planning - 07/09/19 Informational Comment: COUNTY ROW PERMIT — County ROW work permit is required with this submittal for any construction/maintenance work proposed within any County public roadway ROW/easement. The project is considered a small development (daily trips less than 600 vehicles per day) for establishing ROW permit fees • Transportation Planning - 07/09/19 Informational Comment: FDOT PERMIT - FDOT permit required. This project will need to coordinate with FDOT as there is a driveway access onto Tamiami Trail (US 41). Please contact FDOT, Mark Clark @ (239) 225 -1984 or Mark.Clark@dot.state.fl.us for access points and Brian DeBoy @ (239) 985-7807 or Brian.Deboy@dot.state.fl.us for ROW permitting. • Transportation Planning - 07/23/19 Informational Comment: TIS - Traffic Impact Statement (TIS) titled "The Mother Trucker Chicago Cafe (SIP)", dated 05/31/19, is accepted as the basis for transportation concurrency (adequacy of roadway capacity) and for trip banking for 44 seats (1,258 SF) of High -Turnover (Sit -Down) Restaurant use. SIGNAGE RESTRICTIONS: • Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate building permit and must meet the provisions of the Collier County Land Development Code, Section 5.06.00, and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any sign placement, dimensions, or color depicted on the site and/or architectural plans approved by this letter. Packet Pg. 126 Please contact Annis Moxam at (239) 252-5519 to coordinate possible addressing changes. "Be advised that this project has been reviewed by staff in accordance with the applicant's description of work as identified in the cover letter. The applicant bears full responsibility for identifying all proposed work, and building permits for any work shown changed on the plans but not identified in the cover letter may be rejected pending further staff review." Sincerely, Deue(� ,Rev&& 2:)ial boa Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 Packet Pg. 127 8.B.6 .r In Lr, rhariiiisson Ln V SITE IMPROVEMENT PLAN FOR THE MOTHERTRUCKER CHICAGO CAGE BASE MAP SOURCE: MAPQUEST 'I11dras 91 9 L a Fj �'FrJ! g Te�rr1 {h bek°# t'r, � r n Ca txt w i et,sc,yne aT nake Harnmock Rd Rattlesnake Hi I.Looes Fi VICINITY MAP N.T.S. D i 4 J5 ei ti Warwick MIL Legal Description As Furnished: z0f Ci SECTION 18, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ZONED 11C-411 FOLIO NUMBER All that Tract or Parcel of land lying and being in Sections 18 and 19 Township 50 South Range 26 East of Collier County Florida and being a part of Out Lot `A'; Unit 1, Naples South, as recorded in Plat Book 4, Page 89, Collier County Records, being more particularly described as follows: Beginning at a point where the South line of Section 18 intersects the Northeasterly right of way line of U.S. 41 (Tamiami Trail). Run North 39° 05' 20' West along the North Easterly right of way line of U.S. 41 a distance of 30.99' to the intersection of the Southeasterly line of a 100' right of way with the Northeasterly right of way line of U. S. 41. Thence North 50° 54' 40" East along the Southeasterly right of way line of said 100' right of way, a distance of 81.25' to a point lying on a curve, said curve lying concave to the Northwest. Thence along the Arc of said curve (said curve having a radius of 50.0 ; Arc 113.73, chord 104.39, chord bearing North 61 ° 30' 05" East, central angle of 81 ° 27' 10') a distance of 113.73' to a point lying on the Southerly right of way line of Biscayne Drive. Thence South 01 ° 15' 00" East 101.06' Thence South 30° 05' 20" East 35.00' Thence South 50° 54'40" West 121.87' to the Northeasterly right of way line of U.S. 41. Thence North 39° 05' 20" West 103. 00'along the Northeasterly right of way line of U.S. 41 to the Point of Beginning. The above described Tract being subject to an easement over and along the Southeasterly 35' and also an easement over and along the Southwesterly 30' 63104160003 SHEETNO. DRAWING co�eY cow.,-,cy Reviewed and Approved For: Permit Issuance PL20180002710 ate:7/25/2019 SITE ADDRESS: 4811 TAM IAM I TRAIL EAST NAPLES, FL 34112 SHEET INDEX 1. EX. CONDITIONS, AERIAL, DEMOLITION &EROSION CONTROL PLAN 2. SITE IMPROVEMENT PLAN 3. WATER/SEWER/PAVING/GRADING/DRAINAGE PLAN 4. CROSS SECTIONS PREPARED BY: BUILDING CONSTRUCTION Occupancy: Mixed Occupancy: Require Eire Separation: Const. Type: nterior Finishes: GINA R. GREEN, P.A. 3310 ISTAVENUE NW NFORMATION MIXED, BUSINESS (B), ASSEMBLY(A-2) YES SEPARATED OCCUPANCIES TYPE V B, UNSPRINKLERED TYP. BUSINESS/RESTAURANT BUILDING FLOOR CALCULATIONS FLOOR AREA, LDC.(EX. BLDG. 2,232.7 SF) EX, HAIR SALON 975.2 SF PROP. FOOD TRUCK RESTAURANT 1,257.5 SF FLOOR AREA, LDC., PARKING ONLY(EX. BLDG. 2,058.7 SF) EX. HAIR SALON 902.1 SF PROP, FOOD TRUCK RESTAURANT 1,156.6 SF BUILDING AREA, FBC.(EX. BLDG. 2,058.7 SF) EX. HAIR SALON 902.1 SF PROP, FOOD TRUCK RESTAURANT 1,156.6 SF SQUARE FOOTAGE(IMPACT FEES)(EX. BLDG. 2,232.7 SF) EX, HAIR SALON 975.2 SF PROP. FOOD TRUCK RESTAURANT 1,257.5 SF NAPLES, FL 34120 (239)348-0500 (866) 720-4823 (FAX) PROPERTYOWNER: GEORGE KANELOPOULOS 4105 LAKE DRIVE YUKON, OK 76099 PREPARED FOR: THE MOTHERTRUCKER CHICAGO CAFE MICHAEL MERCADO & RICK BEREC(TENANTS) 4811 TAM IAM I TRAIL EAST NAPLES, FL 34112 (239) 682-2584 L�� QN� (-D F-- U�U) zz w w •/ I O O z z 0 U O CL 0 Q Q U V) U) LU o0 U W W w w o z N 3(D� 3(D � �v) 0 o-) N Q � }m r o0 0 o 0] z p LJ U L,J J F-- U w W 11� S Q U � � o U o V) a- o 00 _ =z (D _ = W 4 �_- = Q - C(- ', U Q O _ 65 VA Q Q� 0 w 0 n� <F-- 0-Q a c W N W 00 Oo N N z z �Q0 w;<� �a�Q z O� w�-J0 J 0 Ld0 Q>0Ld U J Cc z� A- Q� z W LL U LU 0 a Q V u U O 01 = U U — LUV LU w _y U U Q H LU —J °. W= LUw �o p Q �w z W m 0 N 0 0 o z W d W U W O U n } � 0 w U- S H EET-. Packet Pg. 128 FI mo- ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE 1 1 3.73' 1 04.39' N 61'30'05" E .81'27' 1 1" 1 1 3.73' 1 04.39' N 61'30'05" E— 81 °27' 1 1" MR - ul 11 -w Am % L-1= N 39 °0520" W 30.99' P. N 38 03736" W 31.00' M. LOT 3 L-2= N 50°54'40" E 81.25' P. BLOCK 15 �, ilk �l, x 1 inch - 20' ft. N 50054'40" E 81.25' M. ' o ' �1 'CPbpl ! GRAPHIC SCALE FND.5/f 0 10 20 40 L-3= S 3900520" E 35. 00' D. 1.R. NID LD. S 39015'03" E 35.17M. IN EAST R/W III � -- � / III' � � # / � � YNE DRIVE L 4-- S 50°°54 40„ W 121.87 D. I ` 1 BISCA 1 S 50 54 56 W 122.06 M. m % • (IMPROVED) 60' R/W (P.) i J L -5= N 39 °05 20" W 103.00' D. I �t 0� N 39005'14" W 103.07M. % �V x — — SOUTH R/W EX. 4' W.M_ / EX. LIGHT POLE(COBR4 HEAD) 1 ��Q ,�� I ��'- - - - - - - G EX. ASPHALT - o 0 7 — o � (30 C3) 0 03 Qo r--4 Z 41 o '6 GO O O (Z (31) � / 5 45. A ��� EX. ASPHALT Co. I T L N\ L_ \�0X y v\/ � �\ 0 -VIP G 1� y�y �� o 255' 00I lll� P% 1�a ` EX. 7-11 CONVENIENCE STORE ire, L mr IlL' \ _ \ \ \ EX. LIGHT POLE(COBRA HEAD) i � \ 1 \ ti \\ ' - ■ls \ 1 ti \ if \ \ r \ ■ L ■Oro \ ■ J ■ ■ ZONING: MPUD .� •` ■ SABAL BAY L Z V r � ' UTILITY, DRAINAGE & PAVING LEGEND — — — EXISTING FIRE HYDRANT ASSEMBLY W/ GATE VALVE EXISTING GATE VALVE EXISTING UTILITY (WATER, SEWER, OR DRAINAGE) LINE PROPOSED UTILITY (WATER, SEWER, OR DRAINAGE) LINE EXISTING SANITARY SEWER MANHOLE — DENOTES EXISTING DRAINAGE STRUCTURE DENOTES PROPOSED MITERED END EX. (SINGLE) METER W/ PVC SERVICE LINE AND REDUCED PRESSURE BACKFLOW PREVENTION ASSEMBLY. ++ DENOTES EXISTING ELEVATION (NGVD) co�er co�,�.cy F ?d and Approved For: Permit Issuance PL20180002710 _.0.7/25/2019 GENERAL EROSION CONTROL NOTES 1. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO ENSURE THAT ANY WATER DISCHARGED FROM THE SITE DURING CONSTRUCTION SHALL MEET OR EXCEED STATE WATER QUALITY STANDARDS. SPECIFICALLY, THE TURBIDITY OF DISCHARGED WATER SHALL NOT EXCEED 29 NTU ABOVE THE BACKGROUND LEVEL. WATER QUALITY AND SILTATION CONTROL DEVICES SHALL REMAIN IN PLACE UNTIL EROSION CONTROL MEASURES ARE INSTALLED, ESTABLISHED AND ACCEPTED. 2. WHERE INDICATED, OR AS NECESSARY, SILT FENCES AND/OR HAY BALES SHALL BE PLACED ALONG THE PROJECT PERIMETER TO PREVENT SEDIMENT IN RUNOFF AND TURBID WATER FROM LEAVING THE SITE. 3. SILT FENCE/ENVIROFENCE SHALL BE PLACED ALONG ALL PROPERTY LINES, ADJACENT TO CONSERVATION TRACTS OR EASEMENTS, AND AROUND THE AREAS OF NATIVE VEGETATION. SUCH BARRICADES SHALL REMAIN IN PLACE UNTIL COMPLETION OF CONSTRUCTION. 4. ALL EXPOSED AREAS AT FINAL GRADE WILL RECEIVE SEED AND MULCH WITHIN 30 DAYS OF PAVEMENT CONSTRUCTION PER F.D.E.P. "GUIDELINES FOR USING EROSION AND SEDIMENT CONTROL PRACTICES" 5. THE CONTRACTOR MUST USE BEST MANAGEMENT PRACTICES (BMPS) DURING CONSTRUCTION TO MINIMIZE EROSION AND SEDIMENTATION AND TO PROPERLY MANAGE RUNOFF FOR BOTH STORM WATER GUARANTY AN QUALITY. 6. BEFORE SITE DISTURBANCE OCCURS PERIMETER CONTROL, SEDIMENT TRAPS, BASINS, AND DEVERSIONS SHOULD BE IN PLACE TO CONTROL RUNOFF AND CAPTURE SEDIMENT. 7. INLETS TO STORM SEWERS SHOULD BE PROTECTED BY SUITABLE FILTRATION DEVICES DURING CONSTRUCTION TO KEEP POLLINATES FROM ENTERING CONVENIENT SYSTEM. 8. TEMPORARY SEEDING SHALL BE APPLIED TO AREA THAT WILL NOT BE BROUGHT UP TO FINAL GRADE FOR 14 DAYS OR MORE TO REDUCE EROSION IN SEDIMENTATION. — BACKFILL 6"X6" TRENCH 4" TO 6" OF FENCE ALONG BOTTOM OF TRENCH SILT FENCE DETAIL N.T.S. FASTEN CROSS BRACES TOGETHER WITH SCREWS, NAILS, NYLON TIES OR WIRE 2 X 4 WOOD FRAME FLOW AND CROSS BRACES TEMPORARY SILT FENCE /i 2x4 POST COMPACTED NATIVE SOIL-\ SILT FENCE Z7X17, BURY SILT FENCE - IN 6" ? 4" TRENCH SECTION NOTES -40 FLOW ISOMETRIC 1. PREFABRICATED UNITS MAY BE USED IN LIEU OF THE DESIGN SHOWN ON THIS PLAN (ENTIRE FENCE NOT SHOWN FOR CLARITY) UPON APPROVAL OF THE ENGINEER. 2. STRUCTURE SHALL BE CONSTRUCTED SUCH THAT GEOTEXTILE MATERIAL SHALL BE FASTENED TO 2 X 4 POSTS CREATING A SEAMLESS JOINT. 3. ENSURE THAT PONDING HEIGHT OF WATER DOES NOT CAUSE FLOODING ON SILT FENCE ADJACENT ROADWAYS OR PRIVATE PROPERTY. STORM DRAIN PROTECTION DETAIL N.T.S. LLJ QN o� Q0 z w Cn 0 Z z c� p O w Q H LU o Ld w w o' o z c� o II O N 0 y Q o 0 � m z m o W �� U J z Y w W 01 S Q U � 3� C� U 0 n Q- U .......... 00 - -z �D =w w -= J = � w= Q o` z= zz Ln �J;3 VA 01 w O �w Qo W N W co 00 N N LLI Hj Q oU w ' CD z < L- O w -10 J > O HLI o C� J 00 Q z- z z Q J J LL J O V W W LL z W Q W VZJ � Z o > m oQ a o w w L) a z O =HJ W co o O W �== CD -j Q U = W =O a ll�.-0 M 0 WOH Q a LLJ o" cn W Q 2 M Q W Q tn z _U OO Z O m G) O 0 N z O C-.) = c� Q LLI w o 0� W L- O a_ U ESHET: 1 OF 4 Packet Pg. 129 8.113.6 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C-1(P.) 80.00' 113.73' 104.39' N 61°30'05" E 81'27'11" C-1(M.) 80.00' 113.73' 104.39' N 61°30'05" E 81'27'11" G)'I / N L- 1= N 39 °0520" W 30.99' P. N 38 03736" W 3 1. 00' M. LOTS L-2= N 50 °54'40" E 81.25P. BLOCK 15 1 inch = 20 ft. N 50 °54'40" E 8 1.25' M. o rTl � Pd,�pl / FND. 5/f" L-3= S 39 °0520" E 35. 00' D. LR. NO LD. 0) G QeO - �\ S 39 ° 15'03" E 35.17' M. IN EAsr Riw / v L-4= S 50 °54'40" W 12 1. 87' D. 1 ` / BISCA YNE DRIVE Q 1 S 50 05456" W 122.06' M. I I m / I (IMPROVED) 60' R/W (P.) L 5 N 390520„ W 103.00, D. 0 N 39 °05 14 W 103.07 M. 1 ,-oo \ / SOUTH R/W - i EX. 3' W.M. `a, EX. LIGHT POLE(COBRA HEAD) ;O� i x I �� SG�����- - - - - - - �`)' I X. ASPHAL T J Z�h ASPH T APRON �OP�O �ls\ �P / y LLJ \ \ O R50 G PD tJ� SE °p % o P5 GP m z o 0 w 45.95 I W LU LU / ' ���� s �� ��P ��� N � �� Ex. ASPHALT �- o ZzN ' a o� c \ / \ \ \ O\ \ '`\�c•'� j \��\ cam\ \ �/�► ` c,� O 0 \ `° ,=s X, X, X, "n ;o V � \ \ O 2 �� \ \ � P� �o� � 0� OFF \ G� 6 \ \ <\ �Z� \ Q\ CPO z� ,5 ILZ p G \ Q \ \ 9!� > ` ❑ ``�` ` 0 �O\SAP 0 / V `V �>• v \ v v �o O``'�P°vv v < zh PROJECT DATA CHART SITE DA TA REQUIRED PRO VIDED ZONING C-4 COMMERCIAL USE SURROUNDING ZONING BEAUTY SALON/RESTAURANT WALK-UP N: C-4(COMMERCIAL) S: US 41 (R/W), THEN MPUD SABAL BAY W: CATALINA DRIVE (R/W), THEN C-4(COMMERCIAL) E: C-4 COMMERCIAL PROJECT AREA 17,649 SF 0.405 ACRES SETBACKS PRINCIPAL FRONT 25' OR 1 2 BH* 18' 10.09' EXISTING SIDE YARD 15' OR 1 2 BH* 18' 45.95' REAR YARD 15' OR 1 2 BH* 18' CORNER LOT NO REAR YARD BLDG. SEPARATION 15' OR 50% OF SUM OF BLDG HT.18' BH=18' EACH BUILDING 18'+18' 2=18' NONE -ONE BLDG BLDG HGT. 75' 18'-0" MIN. FLOOR AREA N/A 2,234 S . FT. IN. LOT AREA 10.000 SO FT 17,649 SO FT MIN. LOT WIDTH 100 FT PARKING SPACES 29 SPACES 10 SPACES** 2 MIXED USE SQUARE FOOTAGE(UNITS #1 & #2,'29 902.1 SF(BEAUTY SALON) 1156.6 SF(RESTAURANT WALK-UP) SPACES(TOTAL) 5 SPACES 24 SPACES 10 SPACES(TOTAL) BEAUTY SALON 1 CHAIR (3 SP PER CHAIR) 902.1 SF 1 PER 200 SF 3 SPACES 4.5 SPACES 2 SPACES RESTAURANT 1 PER 2 SEATS (44 SEATS) 1 PER 80 SF, PUBLIC AREAS-768.4/80 1 PER 200 SF, NON-PUBLIC-534.8/200 22 SPACES 9.6 SPACES 2.7 SPACES 8 SPACES TOTAL PARKING 30 SPACES 10 SPACES** LOADING SPACE-10'X20' 1 SPACE zj, 1 SPACE 01 **PARKING REDUCTION APR-PL20190000178 APPROVED 2/5/19. BICYCLE PARKING 5% OF MOTOR VEHICLE REQUIREMENTS, 29 SPACES 5% OF 29 = 1.45 SPACES 2 SPACES 2 SPACES SIGNING & STRIPING LEGEND 1❑ 36"X36" STOP SIGN W/24" STOP BAR (R1-1) Efl 12" CROSS WALK STRIPING (EXISTING) ❑ ADA SIDEWALK DETECTABLE WARNING MATS ® HANDICAP PARKING SIGN (MOUNTED ON BLDG) ❑5 END OF SIDEWALK SIGND cQ, DENOTES EXISTING POWER POLE A. E. DENOTES ACCESS EASEMENT C.U.E. DENOTES COUNTY UTILITY EASEMENT DENOTES DRAINAGE EASEMENT y TRAFFIC FLOW (NO MARKINGS ON PAVEMENT) L.B.E. DENOTES LANDSCAPE BUFFER EASEMENT P.U.E. DENOTES PUBLIC UTILITY EASEMENT - EX. 7-11 CONVENIENCE STORE \ � �� �� \\ 0 SIGNING AND STRIPING NOTES: \ 1 3❑ \ \ 1. ALL SIGNING, STRIPING AND MARKINGS SHALL CONFORM TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) AND FDOT \ \ \ STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, \ \ \ SECTION 700 AND 706 LATEST REVISION. 2. ALL STRIPING SHALL BE PAINT OR THERMOPLASTIC IN ACCORDANCE \ WITH FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE �\ CONSTRUCTION, SECTION 711. \ 3. ALL STRIPING IN PUBLIC RIGHTS -OF -WAY SHALL BE THERMOPLASTIC IN ACCORDANCE WITH FDOT STANDARD SPECIFICATIONS FOR ROAD AND \ LBRIDGE CONSTRUCTION, SECTION 711 & INDEX 711-001. \ \ 4. ADA DETECTABLE MARKINGS AND CONCRETE SINDEWALKS IN PUBLIC \\ EX. LIGHTPOLE(COBRAHEAD) RIGHTS -OF -WAY SHALL BE IN ACCORDANCE WITH FDOT STANDARD \ \ SPECIFICATIONS FOR ROAD AND SECTION 522 & INDEX 522-002. \\ LAND USE TABLE \ \\ BEAUTY SALON/RESTAURANT WALK-UP \ EXISTING PROPOSED \ PROJECT AREA 0.405 ACRES 0.405 ACRES \ \ BUILDING COVERAGE 0.052 ACRES(12.8%) 0.052 ACRES(12.8% \ PAVEMENT/IMPERVIOUS 0.181 ACRES 44.7%) 0.162 ACRES(40.0% \ PERVIOUS 0.172 ACRES((42.5%) 0.191 ACRES(47.2% ZONING: MPUD SABAL BAY \ UTILITY, DRAINAGE & PAVING LEGEND - - - EXISTING FIRE HYDRANT ASSEMBLY W/ GATE VALVE EXISTING GATE VALVE EXISTING UTILITY (WATER, SEWER, OR DRAINAGE) LINE PROPOSED UTILITY (WATER, SEWER, OR DRAINAGE) LINE EXISTING SANITARY SEWER MANHOLE - DENOTES EXISTING DRAINAGE STRUCTURE DENOTES PROPOSED MITERED END EX. (SINGLE) METER W/ PVC SERVICE LINE AND REDUCED PRESSURE BACKFLOW PREVENTION ASSEMBLY. X.XX DENOTES PROPOSED ELEVATION (NGVD) +� DENOTES EXISTING ELEVATION (NGVD) DENOTES FLOW DIRECTION BUILDING SQUARE FOOTAGE USE AREA (SQ. FT) BUILDING TOTAL 2,232.7 (100%) Unit #1 (BEAUTY SALON) 975.2 (43.7%) UNIT #2 (RESTAURANT WALK-UP) 1,257.5 (56.3%) Gollfer County Reviewed and Approved For: Permit Issuance PL20180002710 te:7/25/2019 GENERAL NOTES 1. THE EXISITNG SITE CONSISTS OF AN EXISTING COMMERCIAL STRUCTURE. THE EXISTING BUILDING USE OF UNIT #1 IS AN EXISTING BEAUTY SALON. THE EXISTING BUILDING USE OF UNIT #2 WAS AN EXISTING GOLF CART SALES & SERVICE STORE 2. THE PROPOSED SITE CONSISTS OF RENOVATION OF UNIT #2. THE PROPOSED BUILDING USE OF UNIT #2 WILL BE A WALK-UP RESTAURANT WITH A FOOD TRUCK KITCHEN THE EXISTING BUILDING USE OF UNIT #1 WILL REMAIN AS A BEAUTY SALON 3. THE REVIEW AND APPROVAL OF THESE CONSTRUCTION PLANS DOES NOT AUTHORIZE THE CONSTRUCTION OF REQUIRED IMPROVEMENTS WHICH ARE INCONSISTENT WITH THE EXISTING EASEMENTS OF RECORD. 4. THE PROPERTY OWNER IS RESPONSIBLE FOR ALL DEAD LANDSCAPE MATERIAL AND FOR MAINTENANCE OF THE REQUIRED IRRIGATION SYSTEM. 5. THE PROPERTY OWNER SHALL BE RESPONSIBLE FOR OPERATION, MAINTENANCE AND MANAGEMENT OF INFRASTRUCTURE, PAVED AREAS, OPEN SPACE, LANDSCAPING, ETC. . 6. EXOTIC VEGETATION AS DEFINED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE SHALL BE REMOVED FROM THE SITE AND SUBSEQUENT ANNUAL EXOTIC REMOVAL (IN PERPETUITY) SHALL BE THE RESPONSIBILITY OF THE PROPERTY OWNER. 7. IF DURING THE COURSE OF SITE CLEARING, EXCAVATION OR OTHER CONSTRUCTION ACTIVITY, A HISTORIC OR ARCHAEOLOGICAL ARTIFACT OR OTHER INDICATOR IS FOUND, ALL DEVELOPMENT WITHIN THE AREA NECESSARY TO PROTECT THE DISCOVERY SHALL BE IMMEDIATELY STOPPED, AND THE PROCEDURES OUTLINED IN THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) SHALL BE FOLLOWED. 8. A REDUCTION OF IMPERVIOUS AREA IS PROPOSED FOR THE SITE, THEREFORE NO RETENTION STORAGE IS PROPOSED. 9. FEMA FIRM MAP - ZONE "AE (EL. 7.0)", COLLIER COUNTY PANEL No. 120067 0601-H, NATIONAL FLOOD INSURANCE RATE MAPS, MAY 16, 2012. 10. EXISTING GROUND ELEVATIONS VARY FROM 5.3 - 6.8' N.A.V.D. 11. THE CONTRACTOR SHALL FAMILIARIZE HIMSELF WITH THE SITE AND THE CONTRACT DOCUMENTS, AND SHALL CONDUCT HIS WORK IN STRICT ACCORDANCE WITH ALL PERMITS AND APPROVALS OBTAINED FOR THIS PROJECT. 12. THE CONTRACTOR SHALL NOTIFY THE APPROPRIATE AGENCY PRIOR TO COMMENCING WORK WITHIN SUCH AGENCY'S JURISDICTION. 13. ALL MATERIAL, DEBRIS, UNSUITABLE EARTH, ETC. OF NO SALVAGE VALUE SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE LEGALLY DISPOSED OF BY THE CONTRACTOR. 14. ENTRY INTO THE SITE WILL BE REDIRECTED TO THE COMMON ENTRANCE OF THE 7-ELEVEN TO THE EAST. 15. ADA ACCESSIBILITY IS PROVIDED BY THE INTERNAL WALKWAY SYSTEM AND ARE NO STEEPER THAN 1:20. NO HANDICAP CURB CUTS OR RAMPS ARE NEEDED TO MEET THESE REQUIREMENTS. ALL ADA SIDEWALKS ARE FLUSH WITH THE ASPHALT PARKING AREAS. CROSS PITCH ON ALL ADA WALKS AND PARKING SPACES SHALL BE 1:50. 16. SITE ELEVATIONS ARE BASED ON NAVD88 DATUM. 17. NO NEW LIGHTING IS PROPOSED FOR SITE. ALL SITE LIGHTING SHALL BE FROM EXISTING BUILDING. 18. ADDRESS FOR BUILDING SHALL BE POSTED ON BUILDING WITH MIN. 6" NUMBERS AND UNITS NUMBERS SHALL BE POSTED IN MIN. 4" NUMBERS. 19. VEGETATION TO REMAIN SHALL BE PROTECTED WITH APPROVED BARRICADING(DETAIL SHOWN) AND BARRICADING WILL REMAIN IN PLACE UNTIL COMPLETION OF CONSTRUCTION. 20. FOOD TRUCK IS NOT PERMANENT AND MAY BE MOVED AS NEEDED TO SPECIAL EVENTS THAT ARE OFF PROPERTY. zj,21. THE OUTDOOR EATING AREA OF 16 SEATS AS DELINEATED ON THE PLAN SHALL BE UNENCLOSED. THE OPERATING HOURS FOR THE RESTAURANT IS 11 AM TO 8 PM, TUESDAY THROUGH SUNDAY, CLOSED ON MONDAYS. NO OUTSIDE AMPLIFICATION OR LIVE PERFORMANCE MUSIC IS PROPOSED. CLOSEST RESIDENTIAL USES ARE 150' +/- FROM REAR OF BUILDING. NO RESIDENTIAL USES ARE ADJACENT TO THE SITE. 22. NO EXTERNAL CHANGES ARE PROPOSED TO THE OUTSIDE OF THE BUILDING OTHER THAN MINOR REPAIRS AND PAINTING OF THE STRUCTURE. SITE IMPROVEMENTS INCLUDE RECONFIGURATION OF PARKING, LANDSCAPING SIDEWALKS AND BICYCLE RACK, AND OUTDOOR SEATING ALONG TAMIAMI TRAIL EAST. 23. NO PARKING LOT LIGHTING FIXTURES ARE PROPOSED. LIGHTING WILL BE PLACED ON STRUCTURE TO 20 L124. RECYCLE DUMPSTER SHALL BE A 4YD ROLLING DUMPSTER ON CONCRETE SLAB, SCREENED BY VEGETATION AND 6' HIGH FENCING ON 3 SIDES TO OBSTRUCT VIEW FROM RIGHT-OF-WAY AND NEIGHBORING PROPERTIES. , SOLID FENCE ON 3 SIDES TO OBSTRUCT VIEW FROM RIGHT-OF-WAY AND NEIGHBORING PROPERTIES. LLJ QNT) Qo Fl- z z w w 0 0 Z z o0 o 0 O o QQ U U W o U U �LL w W w w 0 N z C� p 0 a n Q � • r O o � m z m W U J z U W J Ld � 71 a w F__ Q 0 0 C� U 0 n U _ =z �D =w � -= J �= =,0 Q o` zLn FA "'T w 0 �\ w Qo W t_ N W co o0 N N AbLLI w zLno� <FhQ w Ln -10 J > O Ui Ld o C� J 00 Z� Q� z wLWL J LL wa o LLJ V z J a > L) v5 Z a J U) Q a J V) CD C.).) U) WW= Z � o ��- c-) w - Q L) U O Q w =0 - w L U WOH L.L H FW- 2 M < z L)L LI oo � 011 c 0 o W Q W w ae� a_ 0 � a_ EL 0 U ET: 2 OF 4 E M 0 CD C) 0 0 N 0 N J a a 0 0 a a a� r L a 0 �a m 0. CL O 0 U Y 0 0 u_ W as V a Packet Pg. 130 83.6 UTILITY, DRAINAGE & PAVING LEGEND J PROPOSED 6" SEWER SERVICE W/ CLEANOUT ASSEMBLY (SINGLE) - - - Y EXISTING FIRE HYDRANT ASSEMBLY W/ GATE VALVE EXISTING GATE VALVE - EXISTING UTILITY (WATER, SEWER, OR DRAINAGE) LINE PROPOSED UTILITY (WATER, SEWER, OR DRAINAGE) LINE - EXISTING SANITARY SEWER MANHOLE - - - - DENOTES EXISTING DRAINAGE STRUCTURE DENOTES PROPOSED MITERED END EX. (SINGLE) METER W/ PVC SERVICE LINE AND REDUCED PRESSURE BACKFLOW PREVENTION ASSEMBLY. X.XX DENOTES PROPOSED ELEVATION (NAVD) ++ DENOTES EXISTING ELEVATION (NAVD) DENOTES FLOW DIRECTION A. E. DENOTES ACCESS EASEMENT D.E. DENOTES DRAINAGE EASEMENT S.E. DENOTES SIDEWALK EASEMENT U. E. DENOTES UTILITY EASEMENT L.E. DENOTES LANDSCAPE EASEMENT C.U.E. DENOTES COUNTY UTILITY EASEMENT P.U.E. DENOTES PUBLIC UTILITY EASEMENT W.C.S. DENOTES WATER CONTROL STRUCTURE P.I.V. DENOTES POST INDICATOR VALVE F.D.C. DENOTES FIRE DEPARTMENT CONNECTION RCP DENOTES REINFORCED CONCRETE PIPE F.F. DENOTES PROPOSED FINISHED FLOOR M.E. DENOTES MITERED END L.B.E. DENOTES LANDSCAPE BUFFER EASEMENT GENERAL DRAINAGE & PAVING NOTES 1. THE EXISITNG SITE CONSISTS OF AN EXISTING COMMERCIAL STRUCTURE. THE EXISTING BUILDING USE OF UNIT #1 IS AN EXISTING BEAUTY SALON. THE EXISTING BUILDING USE OF UNIT #2 WAS AN EXISTING GOLF CART SALES & SERVICE STORE 2. THE PROPOSED SITE CONSISTS OF RENOVATION OF UNIT #2. THE PROPOSED BUILDING USE OF UNIT #2 WILL BE A WALK-UP RESTAURANT WITH A FOOD TRUCK KITCHEN THE EXISTING BUILDING USE OF UNIT #1 WILL REMAIN AS A BEAUTY SALON 3. FEMA FIRM MAP - ZONE "AE (EL. 7.0)" COLLIER COUNTY PANEL No. 120067 0601-H, NATIONAL FLOOD INSURANCE RATE MAPS, MAY 16, 2012. 4. ALL ON -SITE PAVEMENT IS EXISTING AND WILL BE REGRADED AND/OR RESURFACED. ADDED PAVEMENT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE CROSS SECTION AND SPECIFICATIONS ON SHEET 4 OF 4. 5, SOD IS CONSIDERED FINISHED GRADE AND SHALL NOT INHIBIT DRAINAGE FLOW PATTERNS. FINAL GRADE PRIOR TO SODDING SHALL BE 2" BELOW EDGE OF PAVEMENT. 6. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO ENSURE THAT ANY WATER DISCHARGED FROM THE SITE DURING CONSTRUCTION SHALL MEET OR EXCEED STATE WATER QUALITY STANDARDS. SPECIFICALLY, THE TURBIDITY OF DISCHARGED WATER SHALL NOT EXCEED 29 NTU ABOVE THE BACKGROUND LEVEL. WATER QUALITY AND SILTATION CONTROL DEVICES SHALL REMAIN IN PLACE UNTIL EROSION CONTROL MEASURES ARE INSTALLED, ESTABLISHED AND ACCEPTED. 7. WHERE INDICATED, OR AS NECESSARY, SILT FENCES AND/OR HAY BALES SHALL BE PLACED ALONG THE PROJECT PERIMETER TO PREVENT SEDIMENT IN RUNOFF AND TURBID WATER FROM LEAVING THE SITE. 8. THE CONTRACTOR SHALL FAMILIARIZE HIMSELF WITH THE SITE AND THE CONTRACT DOCUMENTS, AND SHALL CONDUCT HIS WORK IN STRICT ACCORDANCE WITH ALL PERMITS AND APPROVALS OBTAINED FOR THIS PROJECT, 9. EXISTING GROUND ELEVATIONS VARY FROM 5.3 - 6.8' N.A.V.D. 10. THE CONTRACTOR SHALL NOTIFY THE APPROPRIATE AGENCY PRIOR TO COMMENCING WORK WITHIN SUCH AGENCY'S JURISDICTION. 11. ALL MATERIAL, DEBRIS, UNSUITABLE EARTH, ETC. OF NO SALVAGE VALUE SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE LEGALLY DISPOSED OF BY THE CONTRACTOR. 12. ENTRY INTO THE SITE SHALL BE REMOVED, CONCRETE SIDEWALK INSTALLED AND RESTORATION AND SODDING OF AREA DISTURBED IN ACCORDANCE WITH FDOT R/W PERMITTING. 13. SILT FENCE/ENVIROFENCE SHALL BE PLACED AS SHOWN ON PLAN. 14, THE REVIEW AND APPROVAL OF IMPROVEMENT PLANS DOES NOT AUTHORIZE THE CONSTRUCTION OF REQUIRED IMPROVEMENTS WHICH ARE INCONSISTENT WITH EXISTING EASEMENTS OF RECORD. 15. THE PROPERTY OWNER WILL BE RESPONSIBLE FOR THE PERPETUAL MAINTENANCE OF ALL FEATURES OF THE INFRASTRUCTURE, PAVED AREAS, OPEN SPACE, LANDSCAPING, ETC. AS OUTLINED BY THE DESIGN ENGINEER ON THESE DRAWINGS. 16. ADA ACCESSIBILITY IS PROVIDED BY THE INTERNAL SIDEWALK SYSTEM AND ARE NO STEEPER THAN 20:1. NO HANDICAP CURB CUTS OR RAMPS ARE NEEDED TO MEET THESE REQUIREMENTS. ALL SIDEWALKS ARE FLUSH WITH THE ASPHALT PARKING AREAS. 17. EXISTING BUILDING IS SERVED BY CENTRAL WATER AND SEWER PROVIDED BY COLLIER COUNTY WATER -SEWER DISTRICT. PROPOSED ADDITIONS DO NOT INCREASE THE WATER DEMAND OR THE SEWER FLOW. NO CHANGES ARE PROPOSED TO THE EXISTING WATER & SEWER SERVICES. 18. EXISTING PARKING AREA SHALL BE MILLED AND REGRADED TO THE GRADES AS SHOWN. BLACK BASE SHALL BE USED IN AREAS THAT ARE LOWER THAN 1.5" FROM EXISITNG GRADE TO REGRADE AREAS TO ALLOW FOR POSITIVE DRAINAGE. 12" STABILIZED SUBGRADE WITH 6" LIMEROCK BASE, 1" OF TYPE SIII ASPHALT SHALL BE UTILIZED IN AREA WHERE ADDITIONAL PAVEMENT IS NEEDED TO RECONFIGURE/ADD PARKING AREA. 19. ALL DISTURBED AREAS SHALL BE STABILIZED WITH LANDSCAPING, MULCH AND/OR SOD. 20. THE PROPERTY OWNER WILL BE RESPONSIBLE FOR THE PERPETUAL MAINTENANCE OF THE WATER MANAGEMENT FACILITIES AS OUTLINED BY THE DESIGN ENGINEER ON THESE DRAWINGS. LAND USE TABLE BEAUTY SALON/RESTAURANT WALK-UP EXISTING PROPOSED PROJECT AREA 0.405 ACRES 0.405 ACRES PAVEMENT/IMPERVIOUS 0.181 ACRES(44.7%) 0.162 ACRES(40.07 PERVIOUS 0.172 ACRES(42.5%) 0.191 ACRES(47.2% CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C-1 (P.) 80.00' 1 1 3.73' 1 04.39' N 61'30'05" E 81'27'1 1" C-1 (M.) 80.00' 1 1 3.73' 1 04.39' N 61'30'05" E 81'27'1 1" L-1= N 39°0520" W 30.99' P. N 38 03736" W 31.00' M. LOTS �- L-2= N 50 °54'40" E 81.25' P.. / o� 1 inch = 20, ft.BLOCK 15 ---1N 50 °5440" E 81.25' Mm- ► FND.5/8" 1;1 G Q�O L-3= S 390 0520nE 35. 00► o D. LR. NO I.D. � S 39 ° 15'03" E 35.17M. IN EAST Riw L -4= S 50 °54'40" W 121.87' D. i c 1 BISCA YNE DRIVE Q 1 S 50 05456" W 122.06' M. I I m / (IMPROVED) 60' R/W (P-) �� • G L 5 N 39°0520„ W 103.00, D. / I N 39 0514 W 103.07 M. I >` \ � SOUTH RM \� / ,o EX. 3' W.M. ,� 10 1� EX. LIGHT POL E(COBRA HEAD) // �g1 i------- / lJ EX. ASPHALT 41 G o Q 6 o 5 / 4 441 o �/ GA `� 5Gel X 741 zh 6.30re' �� ��J 6.30 oh1 �1 EX. ASPHALT QP�100c P y A` 6.10 5w v COz � x" IF 6.30 5. 6.50 CO \ 20 Cf�O�fj �2 6.10 5.90 5� // S' V. 5.70 \V �\ "�\ 0 Wo j, 6.20 5.8 5.5 6.00 GAO 5.7 ) \ \ .5 \�\ 5.80 / ° 4 / 0 t, \ K G V �0�6 Q� G• O QS ' `7 %% ZL /� 255' EX. 7-11 CONVENIENC o.��-o �� TTL \ \ EX. LIGHT POLE(COBRA HEAD) \ ZONING: MPUD SABAL BAY co�eY cow.,-,cy Reviewed and Approved For: Permit Issuance PL20180002710 7/25/2019 LLJ Q N LO Q0 r- U�Cn z z w w 0 0 z z o o O 0 p � � w w w w UlLLQQ UC0U) _ Li U c� LLI o U U w w w w w w w w w w 0�N z U U 0 UN u 0 v � Y Q } O 0 o m z M 0 z w Y W U W J Ll L� S Q U 011 3: 0 0 o cn a- o 0 o Q0 =w -= Ld J = w= Q - Q o_ z = �Cl . . ........ „ Qom° , 0 w 0 l w a a o W N W CD N N 0 3:z z w > Q c° ' �< z Q Cn ow w �- o J >0 o C'�o �Ly Q� z a J J U LU w LL LL. LU CD W QII.- W Q Lu m c-) z _j oa C Z a o c� a 0az�� L w =H J O co Ca v Q w _ Z = O o W=� � 0 a 0 J Q UU �CD � Q OR H O z LLJ Cr C3 Z z Ld Ld J LLJ w0� L.L. H W W V z 00 LL m ooN I U) o w LU � Q= CD Q w LLj w o � � U SHEET: 3 OF 4 M O CD 0 0 N 0 N J a a 0 0 R 0 a a a r L T) E Q 0 �a d 0. rL 0 0 U Y V H 0 0 u_ LL x W c m t V a Packet Pg. 131 7-11 CONVENIENCE STORE EX. PAVE EL. 4.3'+1-f/- 80.92' SOUTH END OF BLDG, 78.9' NORTH END OF BUILDING PLANTING AREA 16 PARKINS 24 AISLEWAY & 18 PARKING 5.6 ~ EXISTING BUILDING It. 5. 70 1 " TYPE SN EL. 6. 30 F. F. EL. 6. 8' E X . PAVEMENT LE EL PLANTING AREA ASPHAL TIC CONC. \� \ \ \ \ \ /\\/\\ /� EX. 6 LIMERocK BASE Z EX 12 STABALIZED SUBGRADE EX. GRADE SWALE BOTTOM AVE EL 5.6' WET SEASON WATER TASZ EL. 4,0 LA. v�rHUL 58.0' SECTION A -A N.T.S. I TAMIAMI TRAIL EAST, US 41 15' L.B.E. (200' R/W) 9' LEVEL 27'1/ PLANTING 6' SWALE 42' EX. PA I/E EL. 6.8'f/- AREA FDOT CONC. WALK IS' PARKING SPACE 1:50 MAX. SLOPE VARIES 6'-T3' FROM PL 18' PARKING & 24' AISL[WA Y EX. PAVEMENT 6' EL 5,80' 1" TYPE S111 R. 6. 0' EL 5. 90 EL 5. 8' EL 5.7' EL 6. 00 ASPHAL TIC CONC. V \\ /\/\\ � / \>/ �� 2 \/// /\ �/ \ EX. 6" LIMEROCK BASE \ \ \ \ \ \WET SEASON WATER TABLE L. 4.0�/\ \ \ \ \ \ \//\ \//\ \//\/EX. 12 STABALIZED SUBGRADE \ \� If GRADE , 1-1/2 " TYPE S-/// ASPHAL T SWALE BOTTOM R. 5.5 SECTION B - B N.T.S. COMMERCIAL ZONING EL. 6, Of/-' EX. PAVEMENT 5' LEVEL f PLANTING 6' SWALE AREA EL 5 7' 1f/ PARKING AREA &AISLEWA Y EL 5. 90' 1 " TYPE SN ASPHAL TIC CONC. EX. 6" LI ROCK BASE. /�/ EX. 12" STABALIZED SUBGRADE \ /// //\ // //� // If CRADE SWALE BOTTOM EL 5.5' SECTION C-C N.T.S. 1 . 1 30 [28.71 A N N m DETAIL A N O w m � �Q m o to U m � o DETAIL 6 gg79' .090 DEG POINTS 0.480 0.450 [1 I. .045 (1. 1) HIGHAl n 0.500 .71 [12.21 DIA. 504 PL. 0.200 [5.1 ] o 4 SIDE �-- DOME 504 PL� ADA DETECTABLE WARNING MATS 0 NTS O 15° 0.700 0.900 - SECTIO `f) B-B 00 m [17.8] [22.9] m n INSTALL PER FDOT STANDARD INDEX 522-022 °p DIA. 504 PL. o m PER MANUFACTURERS SPECIFICATIONS BASED 0o O o UPON WIDTH OF MAT. con co�H�y Revi,----' "----ved For: Permit Issuance 180002710 7/25/2019 5'-7' WIDE, 4" CONCRETE SIDEWALK(NON-FDOT) PROVIDE EXPANSION JOINTS PER FDOT STANDARDS a a a 4 Q 4. a a MIN. 98% DENSITY 1 F.B.V. OR L.B.R. 40 � 6" STABILIZED SUBGRADE BICYCLE PARKING/SIDEWALK DETAIL \ 12" STABILIZED SUBGRADF(J' SHOULDER 6" LIMEROCK BASE(6" SHOULDER IN GRASSED AREAS) IN GRASSED AREAS/NO CURB SECTION FOR NEW AREAS OUTSIDE EX. ASPHALT PARKING AREAS TYPICAL ASPHALT PAR KING/AISLEWAY CROSS SECTION N.T.S. ROADWAY PAVING NOTES 1 THE PROPOSED STABILIZED SUBGRADE SHALL HAVE L.B.R. OF 40 AND SHALL BE COMPACTED TO 98% MIN. DENSITY AS DETERMINED BY AASHTO T-180. 2 THE PROPOSED LIMEROCK BASE SHALL HAVE L.B.R. OF 100 AND SHALL BE PLACED IN TWO (2) LIFTS, WITH EACH LIFT COMPACTED TO 98% MIN. DENSITY AS DETERMINED BY AASHTO T-180. 3 LIMEROCK BASE SHALL BE PRIMED WITH TYPE RC-70 BITUMINOUS MATERIAL OF SS-1 (ASPHALT EMULSION) AND SHALL COMPLY WITH SECTION 300 OF THE STANDARD SPECIFICATIONS FOR ROAD & BRIDGE CONSTRUCTION (CURRENT EDITION). WET SEASON WATER TABLE EL. 4,0 4 CONCRETE WALKS AND DRIVES SHALL BE 6" 3000 PSI CONCRETE & SHALL COMPLY WITH SECTION 346 OF THE STANDARD SPECIFICATIONS FOR ROAD & BRIDGE CONSTRUCTION (CURRENT EDITION). 5 DENSITY REPORTS AND CORE BORE RESULTS SHALL BE CONDUCTED IN ACCORDANCE WITH SECTION 200-7 & 334 OF THE STANDARD SPECIFICATIONS FOR ROAD & BRIDGE CONSTRUCTION (CURRENT EDITION). Ov oo oo N ^1R, R1� o. * '. "'o"'oo'.. o.( f 'o. oo oo N N I.150 I.G70 RO. 12 [R- - f29.21 f42.41 4-PL "-0 (G.35mm) CTSK HOLES (TYP. 18 LOCATIONS) COMPOSITE SLEEVE ANCHOR 18 TOTAL PER PANEL DETAIL 5 PANEL /N5TALLATION 0.101 [2.G] ri 0 0.124 [3.2] 0 N � Ln o o �t M Ln cm o 0 0 F9�Gl 0 1.715 [43. G] 2.G25 [GG.7] COMPO5I TE SLEEVE ANCHOR WITH 5TA/NLE.5.5 STEEL NAIL %4 "X l %2 " (C.35mm X 38. l mm) 77' White 2P White N.T.S. PARKING BY co DISABLED PERMIT ONLY CONCRETE WHEEL STOPS TYPICAL 250.00 FINE 00 cc 6 BLUE 'C S RIPING ZL g' MIN. MINN. 5' 6000 w � a � a w a 6. Cn N co w a D w- m m RUNNING & ROSS SLOPES OF H DICAP 6„ 2„�, PARKING SHAL BE 1:50 MAX. HANDICAPPED PARKING DETAIL INTERSECTION DETAILS Zh CROSSWALK MARKING DETAIL NT5 F �B- t 24" White N.T.S CROSSWALK NOTES: 1. FOR CROSSWALK WIDTH, EXCEED WIDTH OF THE ADJACENT SIDEWALK, BUT DO NOT MAKE WITH LESS THAN U FOR INTERSECTION CROSSWALKS AND 10' FOR MIDBLOCK CROSSWALKS. MEASURE WIDTH FROM THE INSIDE OF THE TRANSVERSE CROSSWALK MARKINGS. 2. WHEN THE SPECIAL EMPHASIS CROSSWALK IS NOT PERPENDICULAR TO THE LANE LINES, MAKE THE LONGITUDINAL MARKINGS PARALLEL TO THE LANE LINES. 3. EXTEND DOUBLE YELLOW CENTERLINES 100' BACK FROM INTERSECTION ON ALL APPROACHES OR 50, FOR UNMARKED CROSS ROADS. 4. REFER TO INDEX 522-022 WHEN CURB RAMPS ARE PRESENT. 5. REFER TO FDOT INDEX 711-001. MIN. 98% DENSITY F.B.V. OR L.B.R. 40 MIN. 98% DENSITY F.B.V. OR L.B.R. 40 5' WIDE, 6" CONCRETE SIDEWALK(CCDOT) PROVIDE EXPANSION JOINTS PER FDOT STANDARDS 6" STABILIZED SUBGRADE CCDOT SIDEWALK DETAIL 0 D1 iQi it Dir_UT_nC-lAlAV N.T.S. 6' WIDE, 6" CONCRETE SIDEWALK(FDOT) PROVIDE EXPANSION JOINTS PER FDOT STANDARDS PUBLIC RIGHT-OF-WAY T.S. S i LN n 6 #6 © 2'-6" N LONG g" 1/4" SECTION PRECAST CONCRETE WHEEL STOP CONCRETE WHEEL STOPS TYPICAL > ILL ar 8„ Q Q 6„ „ 0 r- C- QD 00 z Q J �R-1/*4"R=2" C° � 9'X18'SPACE 9'X16'SPACE CAR MAY NOT OVERHANG INTO LANDSCAPING TYPICAL PARKING DETAIL TYPE "T CURB/ROOT BARRIER N.T.S - N.T.S. 8" STABILIZED SUBGRADE SEE DUMPSTER LOCATION SHEET 2 OF 4 ^59 O 99 � / It a a a -0 _ a a a a 6' HIGH WHITE PVC SOLID FENCING DUMPSTER HEIGHT: 6' ° �� 4 4 ° 16" CONC. MONO. SLAB W/ 6 X 6 X 10 /10 W.W. M a 4 a ° COMMERCIAL HARD RUBBER a WHEEL & DROP PINS AT BOTH DOORS °. DROP PIN HOLES < a ASPHAL)( \APRON DROP PIN HOLES SEAL 1/2" DEEP OLE W/ MORTAR Ln N LLJ Q N Lo o Q0 r` z z w w �� I z z o 0 O 0 0 CDw � ILL _ w w w w Q Q U � � Ltj U U W o U U w w w w w w o N z U 01 U U� UU O H 0 N Z 0 z Q o r o o m z M 0 J Z LL1 Y w U w � S Q U o U o cn w o \��1111niullliiii////// \ \ / Q7 00 Q0 -= J = Q = _ Q O_ z = I 6' HIGH WHITE P C SOLID ENCING DUMPSTER HEIGHT: 6' Q ° m J Q a 4 J~ a 4 0 Q °W -0 0 a a O 2 - 5'-0 H X �Q z 6'-0"W P C GATES o >z z v z a �O U J a �_ ° 03 TYPICAL DUMPSTER ENCLOSURE w 00 N.T.S. 6' HIGH fITE PVC SOLID F NCING DUMPSR HEIGHT: VA 0 w 0 0:� LLi CL CL a < a o W N W 00 o3i4,0 N N z I-) z Q0 w L' i Q w ' 0��Q z -- Ow w -10 J > O C' I Q �CO w � Q� z U J LL_ LU L U LL Q w o LLJ U z J > m C) Q c� a Ld N V a�Z Cz C-) Wy Q �_ c� O = Ili w LLIY� Q Q U = 2 W Q N L.L IQi '(//'�) vI 2 CQ G woQ 0 w J O� V LLI Q HLLH o Q =mow U � � m O o N w o LL rr _ w QLL rr w o O w w U SHEET: 4 OF 4 Packet Pg. 132 � Co L'i�er County Growth Management Department Zoning Services Section December 6, 2019 Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Rd. Suite 201 Naples, FL 34104 ZLTR-PL20190002574; Zoning Verification Letter for 1995 Elsa St. in Section 11, Township 49, Range 25 unincorporated Collier County, Florida. Property ID/Folio Number: 00248400006 comprising of+/-3.73 acres. Ms. Harrelson, This letter is in response to a Zoning Verification Letter (ZLTR) Application that you submitted on or about November 8', 2019. The applicant is considering the potential redevelopment of the property to construct a food truck "park" and has requested verification of the questions listed below in bold print, which are followed by Staffs responses. Questions: 1. Is a food truck park permitted under Easting Establishments (SIC 5812)? The Standard industrial classification (SIC) code manual that Collier County uses is older and has not kept up with the changing trends of business. Food trucks and related food truck parks have recently come into style as a new form of food establishments which are unfortunately not addressed in the SIC code manual. Zoning staff is of the opinion that 5812 SIC code is the most applicable to this type of use and thus would consider this use a permitted use in the industrial (I) zoning district where the subject site is located. Staff would also like to note that a standalone bar and/or similar drinking establishment (SIC 5813) is not a permitted use in the industrial (1) zoning district and could only be permitted as an accessory use to the food service aspect of the site. 2. What is the required parking calculation for a food truck park (both with and without a bar)? Staff has reviewed the parking space requirements listed LDC 4.05.04 and has determined that parking for a food truck park without a bar at the proposed location would be subject to the following parking requirement: Restaurant (walk-up or 1 per 80 square feet for public use areas including outdoor eating drive -through with areas or 1 per 2 seats, whichever is greater, and for non-public use walk-up window and/or areas (kitchen, storage, freezer, etc.) I per 200 square feet. A outdoor seating) stacking area of 9 vehicles for the first drive -through lane and 6 for any additional drive -through lanes. UI? Zoning Division . 2800 North Horseshoe Drive 9 Naples. FL 34104 • 239-252-2400 • www.colliercountyfl.gov Packet Pg. 133 Zoning Verification Letter ZLTR-PL20190002574 Page 2 of 2 8.B.7 If the applicant wishes to add alcohol sales by including a full bar to the proposed food truck park they will be subject to Alcohol, Beverage, and Tobacco (ABT) licensing terms that would require the following: • Must have 2,500 square feet of service area • Must be equipped to serve meals to 150 persons at one time and derive at least 51 percent of gross food and beverage revenue from the sale of food and nonalcoholic beverages. • May not operate as a package store and may not sell intoxicating beverages after the hours of serving or consumption of food have elapsed Meeting these requirements will increase the required seating to a minimum of 150 seats and thus the required parking to somewhere around 75 spaces depending on the scope of the proposed project. The information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.01.A and 10.02.021.1 of that Code. The fee for an Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact Kathleen Vansickle with the GMD Records Section at (239)252-2536. The LDC may be viewed online at www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Court's website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes, Records / BMR Validated Ordinances. Disclaimer: Issuance of a development permit by the County does not create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. Should you require additional information, Researched and Zoning Services Section do not hesitate to call my office at (239) 252-2471. Avvok Zoning Division . 2800 North Horseshoe Drive • Naples. Reviewed by- 1701'Aitl- Raymo Bellows, Zoning Manager Zoning Services Section FL 34104 • 239-252-2400 • www colllerccuntylk gov Packet Pg. 134 Collier County Property Appraiser Property Summary Site 1995 ELSA Parcel No 00248400006 Address ST Site City NAPLES *Disclaimer Name/Address AGGREGATE SPECIALTIES INC 1995 ELSA ST City NAPLES State FL 8.B.7 Site Zone 3411 *Note Zip 34109 Map No. Strap No. Section Township Range Acres *Estimated 4A11 000100 195 4A11 11 49 25 3.73 11 49 25 COMM W1/4 CNR SEC 11, N89DEG E 992.70FT, N 430.61 FT TO POB, N 35OFT, E 996.82FT, S 35OFT, W996.38FT TO POB LESS W 585FT, AND UNREC'D Legal PAR 141 J&C IND: COMM W1/4 CNR N89DEGE 992.70FT, N ODEG W 430.61 FT, 89DEG E 885FT FOR POB CONT 111.06FT, S ODEG E 170FT, S 89 DEG W 110.69F' N ODEG W 170FT TO POB Millage Area* 194 Sub./Cando 100 - ACREAGE HEADER Use Code o 40 -VACANT INDUSTRIAL Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount 03/10/14 5017-2037 $ 750,000 01/14/97 2271-1060 $ 512,000 05/01 /73 531-21 $ 0 Millage Rates a *Calculations School Other Total 5.083 5.9543 11.0373 2019 Certified Tax Roll (Subject to Change) Land Value $ 2,178,7 M (+) Improved Value o (_) Market Value N $ 2,178,7' (-) 10% Cap $ 1,157,9: (_) Assessed Value $ 1,020,7' w (=) School Taxable Value $ 2,178,7! w (_) Taxable Value $ 1,020,7' J If all Values shown above equal 0 this parcel was created after the N Final Tax Roll N x w c m E U r a Packet Pg. 135 Collier County Property Appraiser Property Aerial Site 1 99S ELSA Site Zone Parcel No 00248400006 Address ST Site City NAPLES *Note 341, *Disclaimer IF, T � Ilk 1 r y NOW i U N t•I A ;� n COR-OrCo rdyPr4POY.yAFJfua'r Hac� 1 Open GIS in a New Window with More Features. Cn w LO m rn J N t K W r C d E t U fC r Q Packet Pg. 136 8.B.7 STi1W — — — — — — — — - INDICATES SPECIAL TREATMENT OVERLAY SUBDIVMON INDEX 1 JiC W0111lIIM�NMIF rv.MFLopvrtii �6 � 'IO 1V1[ •a ti ] YLI�ApIN N�o] IJ �rww�uum uMn. a ,gym r r+N •w lwKea uwn. M zld d .Ls7:S�f.^.SS �LqO 9562s 9511 S THIS IS TO CERTIFY THAT THIS IS A PAGE OF THE OFFICIAL ZONING ATLAS REFERRED TO AND Y + ADOPTED BY REFERENCE BY ORDINANCE NO. 04 P 41 OF THE COUNTY OF COLLIER. FLORIDA, S ADOPTED JUNE 22, 2004. g { BY CHAIRMAN z � ATTEST CLERK N COLLIER COUNTY, FLORIDA COMMUNITY DEVELOPMENT DIVISION TWP 49S RING 25E SEC(S} 11 NO 112 MAP NUMBER: 9511N 412C Q Packet Pg. 137 UNITED STATES DEPARTMENT OF LABOR 8.B.7 Q SEARCH OSHA OSHA v STANDARDS ',/ TOPICS %, HELP AND RESOURCES '-� Contact Us FAQ A to Z Index English Espanol Description for 5812: Eating Places Division G: Retail Trade I Major Group 58: Eating And Drinking Places Industry Group 581: Eating And Drinking Places 5812 Eating Places Establishments primarily engaged in the retail sale of prepared food and drinks for on -premise or immediate consumption. Caterers and industrial and institution food service establishments are also included in this industry. • Automats (eating places) • Beaneries • Box lunch stands ■ Buffets (eating places) ■ Cafes • Cafeterias ■ Carry -out restaurants ■ Caterers • Coffee shops • Commissary restaurants • Concession stands, prepared food (e.g., in airports and sports arenas) • Contract feeding • Dairy bars • Diners (eating places) • Dining rooms • Dinner theaters • Drive-in restaurants • Fast food restaurants • Food bars • Food service, institutional • Frozen custard stands • Grills (eating places) • Hamburger stands ■ Hot dog (frankfurter) stands • Ice cream stands • Industrial feeding • Lunch bars • Lunch counters • Luncheonettes • Lunchrooms ■ Oyster bars • Pizza par}ors • Pizzerias • Refreshment stands U) ca W LO J N t7 t x LU c W E t c� r Q • Restaurants Packet Pg. 138 • Restaurants, carry -out • Restaurants, fast food • Sandwich bars or shops ■ Snack shops ■ Soda fountains • Soft drink stands • Submarine sandwich shops • Tea rooms ■ Theaters, dinner UNITED STATES DEPARTMENT OF LABOR Occupational Safety and Health Administration 200 Constitution Ave NW Washington, DC 20210 t. 800-321-6742(OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance.gov USA.gov No Fear Act Data U.S. Office of Special Counsel SIC Search Division Structure Major Group Structure OCCUPATIONAL SAFETY AND HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act Read the OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THE SITE Freedom of Information Act Privacy & Security Statement Disclaimers Important Website Notices Piug-Ins Used by DOL Accessibility Statement 8.B.7 Packet Pg. 139 8.B.7 2.03.04 - Industrial Zoning Districts A. Industrial District (1). The purpose and intent of the industrial district (1) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (1). a. Permitted uses. Agricultural services (0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops, with or without fertilizing, shall be a minimum of 500 feet from a residential zoning district. 0722-0724, 0761, 0782, 0783). 2. Apparel and other finished products (2311-2399). 3. Ancillary plants . 4. Automotive repair, service, and parking (7513-7549). 5. Barber shops (7241). 6. Beauty shops or salons (7231). 7. Building construction (1521-1542). 8. Business services (7312, 7313, 7319, 7334-7336, 7342-7389, including auction rooms (5999), subject to parking and landscaping for retail use). 9. Communications (4812--4899 including communications towers up to specified heights, subject to section 5.05.09.). 10. Construction -Special trade contractors (1711-1799). 11. Crematories (7261). 12. Depository and non -depository institutions (6011-6163). 13, Eating places (5812). 14. Electronic and other electrical equipment (3612-3699). 15. Engineering, accounting, research, management and related services (8711-8748). 16. Essential services , subject to section 2.01.03. 17, Fabricated metal products (3411-3479, 3491-3499). 18. Food and kindred products (2011-2099, except slaughtering plants). 19. Furniture and fixtures (2511-2599). 20_ General aviation airport. 21. Gunsmith shops (7699). 22. Heavy construction (1611-1629). 23. Health services (8011 accessory to industrial activities conducted on -site only). Packet Pg. 140 8.B.7 24. Industrial and commercial machinery and computer equipment (3511-3599). 25. Insurance agents, brokers, and service, including Title insurance (6361 and 6411). 26, Laundry, cleaning, and garment services (7211-7219). 27. Leather and leather products (3131-3199). 28. Local and suburban transit (4111-4173). 29. Lumber and wood products (2426, 2431-2499). 30. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (3812-3873). 31. Membership organizations (8611, 8631). 32. Miscellaneous manufacturing industries (3911-3999). 33. Miscellaneous repair services (7622-7699) with no associated retail sales. 34. Miscellaneous services (8999). 35. Motor freight transportation and warehousing (4212, 4213-4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 36. Outdoor storage yards pursuant to the requirements of section 4.02.12. 37. Paper and allied products (2621-2679). 38. Perfumes, cosmetics, and other toilet preparations (2844). 39. Physical fitness facilities (7911 except Discotheques, 7991, 7999 - limited to baseball instruction, basketball instruction, gymnastics instruction, martial arts instruction, yoga instruction, gymnastic schools, and recreation involving physical fitness exercise only). 40. Printing, publishing and allied industries (2711-2796). 41. Railroad transportation (4011, 4013). 42. Real estate brokers and appraisers (6531). 43. Rubber and miscellaneous plastics products (3021, 3052, 3053). 44. Shooting range, indoor (7999). 45. Soap: granulated, liquid, cake, flake, and chip (2841). 46. Stone, clay, glass, and concrete products (3221, 3231, 3251, 3253, 3255-3273, 3275, 3281). 47. Textile mill products (2211-2221, 2241-2259, 2273-2289, 2297, 2298). 48. Title abstract offices (6541). 49. Transportation equipment (3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 50. Transportation by air (4512--4581). 51. Transportation services (4724-4783, 4789 except stockyards). 52, United States Postal Services (4311). 53_ Vocational schools (8243-8249). 54. Welding repair (7692). 55. Wholesale trade —Durable goods (5012-5014, 5021-5049, 5063-5092, 5094- 5099). Packet Pg. 141 8.B.7 56. Wholesale trade —nondurable goods (5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192-5199). 57. Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicuously operating in the Industrial zoning district as of June 8, 2010, without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non- conforming uses in accordance with the LDC, provided however that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre -disaster condition. b. Accessory uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the I district, 2. Caretaker's residence, subject to section 5.03.05 . 3. Retail sales and/or display areas as accessory to the principal use, excluding automotive sales and/or display areas, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use, and subject to retail standards for landscaping, parking and open space. 4. Recreational vehicle campground and ancillary support facilities when in conjunction with temporary special events such as air shows and the like - applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. - C.6, of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two (72) consecutive hours. 5. Recreational vehicle campground and ancillary support facilities when in conjunction with vehicle racing - applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two (72) consecutive hours. Conditional uses. The following uses are permitted as conditional uses in the industrial district (1), subject to the standards and procedures established in section 10.08.00, Adult day care centers (8322). i. Shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. ii. Shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. iii. Shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. iv. Shall provide a minimum usable open space of not less than 30 percent of the total square footage of the lot area. 2. Child day care services (8351), provided: All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the child care center's nearest property line. a) For purposes of this subsection, the following definitions shall apply: Packet Pg. 142 8.B.7 i) Hazardous materials: A material that has any of the following properties; ignitable, corrosive, reactive and/or toxic. ii) Toxic substances: A substance which is or is suspected to be, carcinogenic, mutagenic, teratogenic, or toxic to human beings. ii. It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. iii. It shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. iv. It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. v. It shall provide a minimum usable open space of not less than thirty (30) percent of the total square footage of the lot area. vi. It shall provide that all open spaces to be used by children will be bounded by a fence of not less than five (5) feet in height, to be constructed of wood, masonry or other approved material. vii. It shall provide a landscape buffer in accordance with section 4.06.00. viii. It shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code. ix. Where a child care center is proposed in conjunction with, and on the same parcel as, a facility which is a permitted use, the requirements set forth in subsections i. through—viii, above, with the exceptions of subsections iv. and v., shall be used to provide the protections to children using the child care center intended by this section consistent with the development of the proposed permitted use. 3. Chemical and allied products (2812-2899). 4. Communications (groups 4812-4899 including communications towers that exceed specified heights subject to all requirements of section 5.05,09.). 5. Electric, gas, and sanitary services (4911-4971). 6. Fabricated metal products (3482-3489). 7. Food and kindred products (2011 and 2048 including slaughtering plants for human and animal consumption). 8. Heliports/Helistops, public and private: For restrictions and conditions see section 5.05.14 Heliports and Helistops. 9. Leather tanning and finishing (3111), 10, Lumber and wood products (2411, 2421, 2429), 11. Motor freight transportation and warehousing (4226, oil and gas storage, and petroleum and chemical bulk stations, but not located within 500 feet of a residential zoning district). 12. Oil and gas extraction (1321, 1382). 13. Paper and allied products (2611). 14. Petroleum refining and related industries (2911-2999). 15_ Primary metals industries (3312-3399). 16_ Refuse systems (4953). Packet Pg. 143 8.B.7 17. Rubber and miscellaneous plastics products (3061-3089). 18. Stone, clay, glass, and concrete products (3211, 3229, 3241, 3274, 3291-3299). 19. Textile mill products (2231, 2261-2269, 2295, 2296). 20. Transportation by air (4581 airport flying fields). 21, Transportation services (4789 stockyards). 22. Vehicle racing - applicable to the Immokalee Regional Airport only. 23. Wholesale trade -durable goods (5015, 5051, 5052, 5093). Wholesale trade - nondurable goods (5162, 5169, 5171, 5172, 5191). 24. Homeless shelters. 25. Soup kitchens. 26. Any other industrial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00, Packet Pg. 144 8.B.7 UPDATED 11.28.2017 FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO LICENSES AND PERMITS FOR ALCOHOLIC BEVERAGES VENDORS — ALCOHOLIC BEVERAGES TYPE AND FEE ICLASS ISTATUTE I REGULATIONS OF LICENSE ACTIVITY APPLICATION PACKAGE SALES — OFF PREMISES LICENSES FOR BEER AND WINE ONLY 1APS Products Permitted Beer. Type of Sale $28 / $56 / $84 / $112 / $140 APS 563.02 Package sales for off -premises consumption. FORM 6001 (fee based on county population) Compliance with Florida Beverage Law. Other Terms 1AP5 -DRY Products Permitted Beer. No more than 6.243% of alcohol by volume or 5 /o by weight. Type of Sale Package sales for off -premises consumption. $281 $56 / $84 / $112 / $140 D - DRY 568.01 FORM 6001 Only applicable to Lafayette, Liberty, and Washington County. Other Terms 2APS Products Permitted Beer; Wine. Type of Sale Package sales for off -premises consumption. $84 / $1121$1401$168 / $196 APS 564 n:' FORM 6001 (fee based on county population) Other Terms Compliance with Florida Beverage Law. Products Permitted Beer; Wine. o No more than 6.243% of alcohol by volume or 5 /a by weight. 2APS - DRY $841$1121$140 / $168 / $196 D - DRY 568.01 Package sales for off -premises consumption. FORM 6001 Type of Sale Other Terms (fee based on county population) Only applicable to Florida's dry counties Lafayette, Liberty and Washington. Compliance with Florida Beverage Law. CONSUMPTION ON PREMISES LICENSES FOR SEER AND WINE ONLY Products Permitted Beer. 1COP $56 / $112 / $1681$224 / $280 COP (fee based on county population} 563.02 By the drink or in sealed containers for consumption on or off the premises where sold. FORM 6001 Type of Sale Other Terms Compliance with Florida Beverage Law. 1 COP - DRY $56 / $112 / $168 / $224 1$280 (fee based on county population) D - DRY 56801 Products Permitted Beer. No more than 6.243% of alcohol by volume or 5 /o by weight. FORM 6001 Type of Sale By the drink or in sealed containers for consumption on or off the premises where sold. Other Terms Only applicable to Lafayette, Liberty, and Washington County. 2COP $168 / $224 1$280 / $3361$392 COP (fee based on county population) 564.02 Products Permitted Beer; Wine. FORM 6001 Type of Sale By the drink or in sealed containers for consumption on or off the premises where sold. Other Terms Compliance with Florida Beverage Law. Q Packet Pg. 145 8.B.7 UPDATED 11.28.2017 FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO LICENSES AND PERMITS FOR ALCOHOLIC BEVERAGES VENDORS — ALCOHOLIC BEVERAGES TYPE. AND FEE CLASS STATUTE REGULATIONS OF LICENSE ACTIVITY APPLICATION CONSUMPTION ON PREMISES LICENSES FOR BEER AND WINE ONLY Products Permitted Beer; Wine. No more than 6.243% of alcohol by p volume or 5 /o by weight. 2COP-DRY $1681 $224 1 $2801$336 1 $392 D — DRY 568.01 Type of Sale By the drink or in sealed containers for consumption FORM 6001 an or off the premises where sold. (Fee based on county population) Other Terms Only applicableto Lafayette, Liberty, and Washingtoy. QUOTA BEVERAGE LICENSES Products Permitted Beer; Wine; Liquor. Type of Sale Package sales for off -premises consumption. Must maintain the licensed premises in an active Quota manner in which the licensed premises are open for 3DPS 1 3CPS 1 36PS 13APS 13PS QUOTA 561.19 561,20(6) )(a) business to the public for the bona fide retail sale of authorized alcoholic beverages during regular and FORM 6001 $4681$643.501$9751$11701$1365 565.02#1 reasonable business hours for the minimum hours (fee based on county population) Other Terms per day and days per year as specified in s. 561.29(h) or (i), F.S., as applicable to the license. Must notify the Division of any period of inactive status or seek a waiver of these active operation requirements if eligible. Refer to additional product restrictions and premises limitations in s. 565,04, F.S. Products Permitted Beer; Wine; Liquor. Type of Sale By the drink or in sealed containers for consumption on or off the premises where sold. Quota Must maintain the licensed premises in an active 8COP 17COP 16COP / 5COP 14COP QUOTA 561.19 561.20 6 manner in which the licensed premises are open for business to the public for the bona fide retail sale of FORM 6001 $6241$8581$13001$15601$1820 565.02(1)(b-f) authorized alcoholic beverages during regular and (fee based on county population) reasonable business hours for the minimum hours Other Terms pper dayy and days per year as specified in s. 561.29(h) or (i), as applicable to the license. Must notify the Division of any period of inactive status or seek a waiver of these active operation requirements if eligible. Refer to additional product restrictions in s, 565.045, F.S. Q Packet Pg. 146 8.B.7 UPDATED 11.28.2017 FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO LICENSES AND PERMITS FOR ALCOHOLIC BEVERAGES VENDORS - ALCOHOLIC BEVERAGES TYPE AND FEE CLASS STATUTE REGULATIONS OF LICENSE ACTIVITY APPLICATION SPECIALTY LICENSES - FOOD SERVICE ESTABLISHMENTS, CATERERS, AND CULINARY EDUCATION PROGRAMS Products Permitted Beer; Wine; Liquor. By the drink for consumption on premises only. Type of Sale Special Food Service Establishment Must have 2,500 square feet of service area, be 8COP / 7COP / 6COP / 5COP / 4COP SFS $624 / $858 / $1300 / $1560 / $1820 561.20(2)(a)4 equipped to serve meals to 150 persons at one time, and derive at least 51 percent of gross food FORM 6001 and beverage revenue from the sale of food and (fee based on county population) Other Terms nonalcoholic beverages. May not operate as a rackage store and may not sell Intoxicating evera es after the hours of serving or consumption of food have elapsed. License may not be moved to a new location. Products Permitted Beer; Wine; Liquor. By the drink for consumption on the premises only Type of Sale of any catered event at which the licensee is providing prepared food. Must be licensed by the Div. of Hotels & Caterer 13CT 561.20(2)(a)5 Restaurants under ch. 509, F.S., and derive at least FORM 6011 $1820 51 /o of gross revenue from sales of food and non- alcoholic beverages. Must purchase alcoholic Other Terms beverages through a licensed vendor. May not store alcoholic beverages to be sold or served at a catered event. Alcoholic beverages not used at the event must remain with the customer or be returned to the vendor for credit. Products Permitted Beer; Wine; Liquor. By the drink for consumption on premises only. Type of Sale Must be a qualifyingg culinary education program as defined in 381.0072(2), F.S., which is licensed as Culinary Education Program 1 B2() CEP 561.2U(2)(a)G s. a public food service establishment by the Div. of FORM 6001 Other Terms Hotels & Restaurants. If the program provides catering services, the license also allows the sale and consumption of alcoholic beverages on the premises of a catered event at which the licensee is also providing prepared food. SPECIALTY LICENSES — MOTELS/HOTELS Products Permitted Beer; Wine; Liquor. Special Motel/Hotel By the drink or in sealed containers for consumption Type of Sale 8COP 17COP 16COP / 5COP / 4COP S 561.20(2)(a)1 on or off the remises where sold. FORM 6001 / $858 ! $1300 / $1560 ! $1820 Must have 8fl guest rooms or more in a county of (fee based on county population) Other Terms less than 50,000 residents or 100 guest rooms or more in a county of greater than 50,000 residents. License may not be moved to a new location. Cn cu to w m o� J N r x w c m E t �a r Q Packet Pg. 147 -)"') D S L_I NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 A.M., October 12, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: FCC BEACH & YACHT, LLC, FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE SITE DEVELOPMENT PLAN SDP-PL20200001903, PURSUANT TO CODE OF LAWS AND ORDINANCES SECTION 250-58, WHICH AUTHORIZED THE DEVELOPMENT OF A FOOD TRUCK PARK IN THE COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT THE SUBJECT PROPERTIES ARE LOCATED AT 300, 320, 322 CAPRI BOULEVARD AND 218 KON TIKI DRIVE IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20210001944] Project rocation N Capri P el k r C C V P1!can S. All interested parties are invited to attend and be heard. All materials used in the presentation before the Collier County Board of County Commissioners will become a permanent part of the record. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written -or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the, appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey. Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY' COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Ann Jennejohn Deputy Clerk (SEAL) No-ccimssosa-oi Packet Pg. 148 8.B.10 OFFICE OF THE COUNTYATTORNEY INTEROFFICE MEMORANDUM DATE: October , 2021 TO: Commissioner Penny Taylor, District 4, Chair Commissioner William L. McDaniel, Jr.,Vice-Chair, District 3 Commissioner Rick LoCastro, District 1 Commissioner Andy Solis, District 2 Commissioner Burt Saunders, District 3. FROM: Jeffrey A. Klatzkow, County Attorney SUBJECT: Hearing on the Appeal of the Administrative Approval of the Site Development Plan for the Isles of Capri Food Truck Site and Appeals of Official Interpretation On July 29, 2021, staff approved the Isle of Capri -Food Truck Park Site Development Plan PL20200001903 to allow a food truck park including 9 food trucks on 2.90 ± acres of land on lots zoned Commercial Intermediate District (C-3) east and west of Capri Boulevard, south of Kon Tiki Drive in the Isle of Capri Business District subdivision, abutting Snook Bay. An Official Zoning Interpretation PL20210000943, dated August 4, 2021, requested by FCC Beach & Yacht LLC, an owner within 300 feet (hereinafter referred to as the "Neighboring Property Owner") followed, which Interpretation provides that a food truck park is a permitted use in the Commercial Convenience District (C-2) zoning district and the Commercial Intermediate District (C-3) zoning district. There are 3 separate appeals arising from that decision. The Appeals 1. In the first appeal, the Neighboring Property Owner, is appealing the approval of Site Development Plan for the Isle of Capri Food Truck Park on the basis that a food truck park is not a permitted use in the C-3 Zoning District. 2. In the second appeal, the Neighboring Property Owner is appealing the Zoning Director's Official Interpretation, which was requested by them, which provides that a food truck park is a permitted use in the Commercial Convenience District (C-2) zoning district and the Commercial Intermediate District (C-3) zoning district. In the third appeal, the owner of the Food Truck Site, Paul M. Grider and Tametha Grider, as Trustees of the Grider Revocable Living Trust (hereinafter referred to as the "Property Owner"), is appealing the Zoning Director's Official Interpretation to clarify that the Official Interpretation applies county -wide and is not site specific. Note that I 9-21-21 Page 1 of 5 Packet Pg. 149 8.B.10 have received a recent communication from counsel to the Property Owner on the withdrawal of this appeal conditioned on a representation from the County that the subject Official Interpretation is not site -specific and Mr. Yovanovich's agreement to same. Given the volume of emails I have received on this matter, I thought it best for this issue to be resolved at the Hearing. Because these items present common questions of law and fact, and to avoid substantial duplication of expert and non -expert testimony, the County Attorney recommends that the 3 appeals be consolidated into a single public hearing, with all items being heard at the same time. Following the conclusion of the public hearing, each of the three items would be voted on separately. There are no overlays or other zoning matters that distinguish the subject site from other C-3 Zoning Districts. Accordingly, the County Attorney is of the belief that the core issue is whether a food truck park is a permitted use in a C-3 Zoning District. Counsel for the two parties may differ as to this and will present their own arguments to the Board. If the Board concludes that a food truck park is a permitted use in a C-3 Zoning District, then the Board must approve the Site Development Plan and allow the use of the Food Truck Park at this location. Based on this finding, the Board would deny the two appeals of the Neighboring Property Owner and affirm the appeal of the Property Owner. If the Board concludes that a food truck park is not a permitted use in the C-3 Zoning District, then it must deny the Site Development Plan, thereby disallowing the use of the Food Truck Park at this location. Based on this finding, the Board would affirm the two appeals of the Neighboring Property Owner and deny the appeal of the Property Owner. The Procedural Process 1. General — In keeping with prior appeals of this nature before the Board of Zoning Appeals (`BZA"), the appeal of the SDP hearing process and the appeal of the official interpretation process are quasi-judicial in nature and are therefore subject to the provisions of Resolution Number 95-376, requiring proper disclosure of any Commissioners ex-parte contacts, communications, site visits, or investigations, or receipt of expert opinions. Likewise, the procedural requirements of Resolution Number 98-167 also apply. Copies of both resolutions are attached for your convenience. 2. The ultimate issues to be determined in the appeal are: a. Whether there is competent, substantial evidence to support the issuance of the site development plan; and b. Whether the site development plan approval is contrary to the goals, objectives and policies of the Growth Management Plan ("GMP") or that it does not comply with the requirements of the Land Development Code ("LDC"), particularly Section 10.02.03, or County ordinances; and c. As to each appeal of the official interpretation, LDC Section 1.06.0l.D.6.c. provides that "The Board of Zoning Appeals or the Building Board of 9-21-21 Page 2 of 5 Packet Pg. 150 8.B.10 Adjustments and Appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the County Manager or designee or building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the LDC or the official zoning atlas, or building code related matters, whichever is applicable. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County Manager or designee's or building official's interpretation, whichever is applicable, with or without modifications or conditions, or reject their interpretation. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall not be authorized to modify or reject the County Manager or designee's or building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the official interpretation is contrary to the Growth Management Plan, the future land use map, the LDC or the official zoning atlas, or building code, whichever is applicable." 3. The appeal hearing before the BZA is informal. 4. Relevant evidence will be considered at the hearing. The Chairman of the BZA, with the assistance of the County Attorney, will determine what is relevant evidence. 5. The County Attorney recommends the following procedures: a. The court reporter administers the oath to those wishing to speak. If a speaker arrives at the hearing after the oath is given, the speaker must be sworn in before they can speak. b. The members of the BZA then make their individual ex-parte disclosures. All communications must be disclosed including letters, e-mails, phone calls, and meetings. Any personal investigation, such as a site visit, must also be disclosed. The subject matter of the communication and the identity of the person, groups or entity with whom the communication took place are all part of the disclosure. This applies to all communications that took place even before the appeal was filed. These disclosures must be made at the beginning of the hearing. The BZA must give any person who wishes to question its members concerning the ex-parte disclosure the opportunity to ask questions of it. This right may be waived by a failure to ask questions of the Board. C. The normal BZA appeal process would be for the appealing party to go first. Here, there are two appellants. The central issue being appealed is whether staff s decision to issue the SDP and the Zoning Director's Official Interpretation are contrary to the LDC. To lend clarity as to what is being argued, both to the Board and the Public, the County Attorney suggests that Staff do a brief presentation to the Board explaining its Official Interpretation, following which the Neighboring Property Owner can argue why Staff is wrong and the Property Owner can argue why Staff is right but 9-21-21 Page 3 of 5 Packet Pg. 151 8.B.10 that it should be extended to all C-3 zoning districts. The Board is of course free to choose the order of presentations it deems appropriate. Should the Board agree with the County Attorney's suggestion, the presentation of the appeal would be as follows: i. Staff presents its case as to why it believes that a Food Truck Park is a permitted use at both the subject site and within C-3 Zoning Districts. Staff intends to utilize approximately 15 minutes in its presentation. a) The Property Owner may ask staff questions. The time limit is 10 minutes. b) The Neighboring Property Owner may ask staff questions. The time limit is 10 minutes. ii. Following Staff s presentation, the Neighboring Property Owner then presents its case including the testimony of any expert witnesses. The time limit is one hour. a) The Zoning Director may question the Neighboring Property Owner or any of its experts. The time limit is 10 minutes. b) The Property Owner may question the Neighboring Property Owner or any of its experts. The time limit is 10 minutes. iii. Following the Neighboring Property Owner's presentation, the Property Owner of the proposed Food Truck Site then presents its case that a food truck park is a permitted use in the C-3 Zoning District. The time limit is one hour. This time limit includes any presentation by an expert witness. a) The Zoning Director may question the Property Owner and/or any of its experts. The time limit is 10 minutes. b) The Neighboring Property Owner may question the Property Owner or any of its experts. The time limit is 10 minutes. iv. The members of the BZA may ask questions at any time during the proceedings. It is suggested that there be no time limit to the BZA's questions, subject, however, to the discretion of the Chair. V. Interested members of the public may then speak. Time limits per speaker, including any cross-examination, is 3 minutes. The BZA should only give consideration to "public testimony" that is relevant to the issues being discussed. vi. After Public Comment, in order, the Zoning Director, the Neighboring Property Owner and the Property Owner, and will each have 10 minutes to 9-21-21 Page 4 of 5 Packet Pg. 152 8.B.10 sum up their respective position. This summation could include any rebuttal. vii. Time limits may be extended at the discretion of the Chair. viii. Upon conclusion of the public speakers' presentations, the BZA should close the public hearing and commence discussion. ix. Upon conclusion of the discussion, the BZA will make its motion, second and then vote for each item separately. The County Attorney recommends that the Board first decide the issue as to whether a Food Truck Park is a permitted use in a C-3 Zoning District. A simple majority is required to make a finding. Based on this finding, as discussed above: (a) If the Board concludes that a food truck park is a permitted use in a C-3 Zoning District, then the Board must approve the Site Development Plan and allow the use of the Food Truck Park at this location. Based on this finding, the Board would deny the two appeals of the Neighboring Property Owner and affirm the appeal of the Property Owner. (b) If the Board concludes that a food truck park is not a permitted use in the C-3 Zoning District, then it must deny the Site Development Plan, thereby disallowing the use of the Food Truck Park at this location. Based on this finding, the Board would affirm the two appeals of the Neighboring Property Owner and deny the appeal of the Property Owner. Attachments: Resolution Number 95-376 Resolution Number 98-167 Section 250-58 Code of Laws and Ordinances 9-21-21 Page 5 of 5 Packet Pg. 153 8.B.11 Sec. 250-58. Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the administrative decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the administrative action from which an appeal is taken. (b) Due public notice of the hearing on the administrative appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. (Laws of Fla. ch. 67-1246, § 16; Laws of Fla. ch. 2001-344, § 1) (Supp. No. 100) Created: 2021-10-06 09:39:48 [EST] Page 1 of 1 Packet Pg. 154 JUN 2 Q I5 RESOLUTION 110. 95-376 A RESOLUTION RELATING TO ACCESS TO LOCAL PUCii.IC OFFICIALS; PROVIDING A DEFINITION OF LOCAL PUBLIC OFFICIAL; PROVIDING FOR ACCESS TO PUBLIC OFFICIALS; AUTHORIZING INVESTIGA— TIONS ATJD RECEIPT OF INFORMATION; REQUIRING DISCLOSURE OF EX FARTS CQMMUNICATIONS; AND REPEALING RESOLUTION 110. ')5-354- WHEREAS, government in Florida is conducted in the sun- shine pursuant to Chapter 286, Florida Statutes; and WHEREAS, the public should be able to voice its opinions to local elected public_ officials; and WHEREAS, elected and public officials are presumed to perform their duties in a lawful and proper manner; and WHEREAS, quasi-judicial decision -making must be based on competent, substantial evidence of record; and WHEREAS, local elected public officials have been obstructed or impeded from the fair and effective discharge of their sworn duties anti responsibilities due to expansive inter- pretations of Ten incyr v. D_ade County, a decision rendered by the Third District Court of Appeal; and WHEREAS, Section 5, Article I of the Florida Constitution gives the people the right peaceably to assemble, to instruct their representatives, and to petition for redress of griev- ances. NOW, THEREFORE, 13E IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AUTHORITY Pursuant to Subsection 236.0115, Florida Statutes, Collier County has the authority to enact this Resolution which removes the presumption of prejudice from ex parte communications with local officials by establishing the process set forth herein to disclose such communications. SECTION TWO: DEFINITION As used in this Section, the term "local public Official" means any elected or appointed public official holding a county —1— ba�x (100 191 8.B.12 Packet Pg. 155 J U N 2 0 1995 office who recommends or takes quasi-judicial action as a member of such board or commission. SECTION THREE: ACCESS PERMITTED 1. Any person not otherwise prohibited by statute, charter provision, or ordinance may discuss with any local public official the merits of any matter on which action may be taken by the board or commission on which the local public official is a member. Adherence to the following procedures shall remove the presumption of prejudice arising from ex-parte communications with local public officials. ra) The substance of any ex-parte communication with a local public official which relates to quasi-judicial action pending before the official is not presumed prejudicial to the action if tiie subject of the communication and the identity of the person, group, or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter. (b) A local public official may read a written communi- cation from any person. However a written communication that relates to quasi-judicial action pending before the local public official shall not be presumed prejudicial to the action and such written communication shall be made a part of the record of the board or commission before final action on the matter. (c) Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi- judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter. (d) Disclosure made pursuant to paragraphs (a), (b) and (c) must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opin- -2-- 8.B.12 Packet Pg. 156 �"° JUN2Q1M ions contrary to those expressed in the ex-parte communication are given a reasonable opportunity to refute cr respond to the communication. SECTION FOUR: REPEAL OF RESOLUTION NO. 95-354 Resolution No. 95-354 is hereby repealed in its entirety. This Resolution adopted this ? t day of June, 1995, after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.'BROCK, Clerk COLLIER COUNTY, FLORIDA C', By:' y L BETTYE t1 TT3iEWS, Chairman Approved as to form and legal sufficiency: Kenneth B. Cuyl County Attarne mmdiw!13735 3 - toax (100 F. 193 8.B.12 Packet Pg. 157 8.B.13 8 A 1 ",q RESOLUTION 98•l5Z_ A RESOLUTION ESTABLISHING PROCEDURES FOR PRESENTATIONS AND PUBLIC COMMENT BEFORE TILE BOARD OF COUNTY COMMISSIONERS AND THE COLLIER COUNTY PLANNING COMMISSION. WHEREAS, the Collier County Board of Commissioners (Board), as the (filly elected governing body for Collier County, holds regularly scheduled public hearings to discuss, review and act upon items of concern to and affecting the residents of Collier County; and WHEREAS, the Collier County Planning Commission (CCPC), serving as the local planning agency and the land development regulation commission as required by F.S. §§ 163.3174 and 163.3194, holds regularly scheduled public hearings to discuss, review, act upon and make recommendations to the Board relative to items of concern to and affecting the residents of Collier County; and WHEREAS, included in these items may be advertised public hearings of a quasi- judicial or legislative nature; and WHEREAS, the public may wish to comment on these items scheduled for consideration before the Board or the CCPC; and WHEREAS, in order to maintain, equity, deconim and order at these regularly scheduled public hearings, it is necessary to establish standard procedures for presentations and public comment before the Board and the CCPC; and WHEREAS, the Board has prepared lies( rules in an attempt to encourage public participation during advertised public hearings, including quasi-judicial hearings, in a manner consistent with the requirements of law. NOW, THEREFORE BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners declares that the procedures set forth, attached hereto, and incorporated by reference herein as Exhibit A, applicable to the Packet Pg. 158 8.B.13 8A 1 no Board and the Collier County Planning Commission as stated in said Exhibit, are fair and reasonable, and arc hereby adopted. BE IT FURTI-IER RESOLVED that this Resolution relating to procedures for Board and CCPC presentations and public comment be recorded in the minutes of this Board. This Resolution adopted aflcr motion, second and majority vote favoring same. Done this _4? day of„427�, 1998, ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock. Clerk COLLIER COUNTY, FLORIDA Attest as to ChalvMl a signature only. Approved as to form and legal sufficiency: David C,Wcigcl, Cou Attorney Barbara B. Berry, Chairman 2 Packet Pg. 159 8.B.13 8 A 104 Exhibit "A" Procedures for Presentations before the Collier ounty Board of Commissioners and as Applicable to the Collier County Planning Commission A. Public Comment on f'eneral Tonics• Members of the public may register to speak on general topics under the Public Comment portion of the Board of County Commissioner's (Board) agenda. The number of speakers pennitted to register under public comment on any given agenda shall be limited to a maximum of five, unless the Chairman recognizes additional speakers. 1. Sneaker Re istration: Individuals wishing to speak to the Board under public comment at any regularly scheduled meeting of the Board of County Commissioners shall register to speak in writing on the form provided by the County prior to the public comment portion of the agenda being called by the Chairman. II. Time Limits: a) Public Comment: Maximum 5 minutes per speaker B. Public Petitions: Public Petitions arc limited to a single speaker. In general, the Board will not take action on public petition items on the day the petition is presented, but may direct staff to take action, or bring back the item to the Board at a future date for consideration. The County Administrator may defer scheduling a public petition for a reasonable period of time in order to allow sufficient time for staff to review the content and thus prepare for questions from the Board. Registration: Individuals wishing to make a public petition to the Board of County Commissioners shall present such a request in writing to the County Administrator a minimum of 13 days prior to the Board meeting date on which the public petition is requested to be heard. The written request shall include the name(s) and address(es) of all petitioners, including a primary contact name. address and telephone number, and shall state the nature of the petition, including any exhibits and/or back up material which may be pertinent to the petition. II. Time Limits: Maximum 10 minutes per speaker. C. Advertised Public Hearings• For procedural purposes, advertised public hearings fall into two categories: those which are quasi-judicial in nature; and other types of advertised public hearings, including those which arc legislative in nature. 1.Quasi-Judicial Public Ilearinet: - Packet Pg. 160 8.B.13 8A 1 4 a) Pumose and Intent: The Board has prepared these rules in an attempt to encourage public participation during quasi-judicial hearings in a manner consistent with the requirements of law. As part of that effort and %vithin the confines of the law, the Board intends its hearings to be infoi-mal %vhilc recognizing the need for certain structure to maintain orderly hearings. Notwithstanding the procedures established by resolution, the Board may modify these procedures to effectuate the effective presentation of evidence. b) Applicability of there Procedures: {1) Quasi -Judicial Proceedings. 'These procedures apply to all quasi-judicial proceedings heard by the Board and the CCPC regardless of the capacity in which the Board is sitting. Quasi -Judicial actions concern the implementation of policy, which has already been set, and affording the Board, and in some instances the CCPC, limited discretion in deciding whether to approve or deny a land use permit. These include land use actions which have an impact on a limited number of persons or property owners on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing. Examples of quasi-judicial proceedings include but are not limited to: site specific rezonings (provided they involve Policy implementation); development of regional impact hearings; conditional use permits; variances; boat dock extension petitions; and administrative appeals. (2) Legislative Proceedings. Utilization of these procedures by the Board or the ('CPC' when sitting in a legislative capacity does not change the character of the legislative proceeding nor does it confer any additional rights or remedies upon any person or party. C) Prc-11caring Submittals: (I) Application. An applicant (as defined in the Collier County Land Development Code) shall make application as provided in the procedures established for the individual decision being requested. (2)taflYAecncy Recommendation. To the extent that the applicable procedure requires a staff rcvic\v and written recommendation to be presented to the Board, such written recommendation shall be completed and available for public inspection no later than ten calendar days prior to the hearing before the Board. (3) Written Presentation. No later than one week prior to the scheduled public hearing before the Board, any applicant, proponent, or opponent may submit any written arguments, evidence, explanations, studies, reports, petitions or other documentation to staff for intended consideration by the Board in support of or in opposition to the application. In order to be included in a Board or CCT'(' Agenda packet, any w7-ittcn arguments, evidence, explanations, studies, reports, petitions or other documentation must be submitted to the appropriate staff no later than three weeks prior to the scheduled hearing before the respective body. All written Packet Pg. 161 1 8.13.13 1 44 submissions, not including pictorial displays (maps, graphs and the like) must be on 8-1/2 x 1 1-inch paper. No %vTitten materials will be accepted by the Board at its hearing unless, at the Board's discretion, acceptance is necessary to decide the issue. Written comments submitted shall be considered and entered into the record of the meeting in accordance with subsection C. 1. d)(4) below. d) Public 1-Iearints before the Board or the CCPC• (1) General. It is the expectation that the hearing will be informal. All members of the public who address the Board or the CCPC shall utilize the speaker's podium to allow their comments to be recorded. Each speaker shall state his or her name and address for the record. Additionally, speakers shall indicate whether they are speaking on behalf of themselves or others. (a) Time Limitation Guidelines. It is expected that presentations will be organized and efficiently presented. As a guideline to presentations, in addition to the written comments submitted as part of the preliminary record, it is expected that persons of the following status will prepare their discussions and comments to be completed within the prescribed time limits: 1 • StalT shall be responsible 1'or presenting the case on behalf of Collier County and shall limit their presentations to twenty (20) minutes. 2. The applicant shall present his or her entire case in twenty (20) minutes. Expert witnesses shall be limited to ten (10) minutes each. 4. Persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons should limit their presentation to ten (10) minutes. It is expected that others in the organization or group waive their time. All other persons may speak for a maximum of five (5) minutes each. 6. No speaker may give his or her time to any other speaker. At the discretion of the Chairman, the time allowed for any speaker may be extended. (b) Registration of Socaker.s. Persons who desire to speak on an item shall, prior to the item being called to be heard by the Chairman, register with the (. ounty Administrator on the forms provided. Fivc (5) or more persons deemed by the Board to be associated together or otherwise represent a common point of view, as Packet Pg. 162 8.B.13 8 A I proponents or opponents on any item may be requested to select a spokesperson. (2) Order and Subiect of Appearance: To the extent possible, the following shall he the order of the proceeding: (a) Preliminary Statement. The Chairman shall read a preliminary statement once at the beginning of the quasi-judicial hearing portion of the agenda outlining the procedure, which shall be followed. (b) Sworn Testimony. The applicant, staff, and all witnesses requesting to speak shall be collectively sworn. (c) Agreement with Staffs Recommendation. If the applicant or agent of the applicant agrees with staff's recommendation and wishes to waive his or her right to present additional evidence, and if no commissioner or anyone from the audience wishes to speak for or against the quasi-judicial agenda item, the Board may vote on the item based upon staffs presentation and the materials in the agenda back-up. (d) Initial Presentation by Staff. County staff shall make the initial presentation to the Board regarding any item under consideration. After completion of the staff presentation, the Board may make inquiries of staff at this time. An applicant or appellant may ask questions of, or seek clarification from, staff by request through the Chairman at the time that party makes its initial presentation to the Board. (c) Applicant's presentation. After staff presentation, the applicant(s) shall be allowed to make a presentation to the Board based on the time limitation guidelines outlined in the preceding subsection (d) (1) (a), above. During and after the applicants' presentation, the Board shall have an opportunity to comment or ask questions of or seek clarification from the applicant. The Board may also allow staff to comment, ask questions or seek clarification from the applicant(s) at this time. (f) Sneakers. After Board and staff inquiry of the applicant, speakers shall be allowed to speak based on the time limitation guidelines outlined in the preceding subsection (d) (1) (a), above. During and after a speaker's presentation, the Board shall have an opportunity to comment or ask questions of or seek clarification from such speaker. 'Ihc Board may also allow staff to comment, ask questions of or seek clarification from speakers. (g) Staff Resnonse and Summary. The staff shall be allowed an opportunity for response to the presentations by the applicant, proponents and opponents and a summary with any changes in position alter consideration ol"relevant public comment. Proponents Packet Pg. 163 8A1 and opponents who believe that the staff response includes errors of fact or law may ask for and may be allowed an opportunity to point out such errors of fact or law. (h) Applicant's Rebuttal Presentation. Applicant's rebuttal shall be allowed only on items where there is an applicant other than the Board or Board staff. After staff response, the applicant shall be allowed an opportunity for rebuttal. Rebuttal shall be limited to five (5) minutes unless otherwise set by the Board. Rebuttal shall only address previous comments. Staff, who believe that the rebuttal presentation includes an error of fact or law, may ask for and may be allowed an opportunity to point out such error of fact or law. (1) Board and Staff Inquiry. After all presentations have been made as outlined above, the Board shall have a final opportunity to comment or ask questions. The Board may allow staff to respond to comments previously made at this time. (j) Limit on Presentations. No person who has made a presentation for or against an item at a given meeting shall be allowed to make additional comments, unless requested to do so by the Board. (k) Closing, of Public Comment. In those matters on which public comment is heard by the Board, the Chairman shall close the public comment portion of the meeting (on that item) upon the conclusion of the last speaker's comments or, in the Board's discretion, if no new relevant information is being presented. No additional public comments shall be allowed, except in specific response to questions by members of the Board. (3) Miscellaneous Items: (a) Continuing Record /Sneakers Qualifications. The Clerk to the Board ("Clerk") shall maintain a file with the most recent copies of resumes previously filed with the Clerk by county staff presenters. All other persons testifying on issues requiring educational, occupational and other experience who wish to be qualified as experts shall submit their qualifications in NkTitten form for the Board's approval to speak as expert witnesses. (b) Organizational or Group Speakers. Prior to presenting his/her case. any person representing an organization or other persons shall indicate, in writing, the organization or group he/she represents and how he/she received authorization to speak on behalf of such organization or group of persons. The Board may make further inquiry into the represented authority of such person if necessary. Packet Pg. 164 8.B.13 8A (c) Restrictions on Testimony or Presentation of Evidence. Notwithstanding any provisions herein, any Board member may interrupt any presentation that contains matters which need not be considered in deciding the matter then before the Board for consideration. At any Board proceeding, the Chairman, unless overruled by majority of the Board members present, may restrict or terminate presentations which in the chairman's judgment are frivolous, unduly repetitive or out of order. (d) Public Officials. Notwithstanding other provisions hereof, the Board may allow any elected or appointed public official, or representative thereof, to appear and make presentations at any time with regard to matters under consideration. (e) Continued Public l lcarint%S. In any matter where it is known that a scheduled public hearing will be continued to a future date certain, the staff report may be abbreviated and public comment may be limited to those persons who state that they believe they can not be available to speak on the date to which the public hearing is being continued. Such persons may make their comments at the current meeting, provided, however, that upon making their comments, such persons shall waive the right to repeat or make substantially the same presentation at any subsequent meeting on the same subject. This waiver shall not preclude such persons from making different presentations based on new information or from offering response to other persons' presentation, if otherwise allowable, at any subsequent meeting. (4) The Record (a) Automatically Included in the Record: The following documents shall automatically he included in the record of the hearing before the Board: (1) The record from any preliminary hearing, the agenda packet, the staff report, and the transcript of the hearing hefore the Board: (2) Written comments and documents previously entered into the record at a prior Board meeting on the particular matter. (b) Items Which Shall Be Placed in the Record: Any additional documents, exhibits, diagrams, petitions, letters or other materials presented in support of, or in opposition to, an item to be considered by the Board shall be entered into the record, as long as it was received by the Board's Clerk or the applicable Collier County department seven (7) days prior to the date of the hearing. Packet Pg. 165 8`I (c) Additional Evidence. Except pursuant to subsection C) (3) above, Written Presentation, any additional written or documentary evidence filed within seven (7) days of the date of the hearing shall not become part of the record. {d) C'ustodian. 'Ihe Clerk shall he the officril custodian of the record. (c) Exhibits. Unless an oversized exhibit is absolutely essential, documentary paper or photographic exhibits should not exceed 24 inches by 30 inches and, if mounted on a backboard, shall be removable therefrom. All documentary evidence should be capable of being folded and filed. 1I. Other Public hearings; The following rules apply to advertised public hearings other than those which are quasi-judicial in nature, including those advertised public hearings which are legislative in nature. a) Pre-llearing Submittals: (1) Application. An applicant (as defined in the Collier County Land Development Code) shall make application as provided in the procedures established for the individual decision being requested. (2) Staff/Agency Recommendation. To the extent that the applicable procedure requires a staff review and written recommendation to be presented to the Board, that written recommendation shall be completed and available for public inspection no later than ten calendar days prior to the hearing before the Board. (3) Written Presentation. No later than one week prior to the scheduled public hearing before the Board, any applicant, proponent, or opponent may submit, in support of or in opposition to the issue which is the subject of the advertised public hearing, any written arguments, evidence. explanations, studies, reports, petitions or other documentation to staff for intendod consideration by the Board. All written submissions, not including pictorial displays (maps, graphs and the like) must be on 8-1/2 x I l -inch paper. b) Public Ilcarintt: (1) General. All members of the public who address the Board shall utilize the speaker's podium to allow their comments to be recorded, and shall identify themselves by name and local addresses, if applicable. Further. any speaker speaking on behalf of an organization or group of individuals (exceeding five) shall indicate such and shall cite the source of such authority whether by request, petition, vote, or otherwise. (a) Time Limitation Guidelines. It is expected that presentations will be organized and efficiently presented. As a guideline to presentations, in addition to the written comments submitted as part of the preliminary record, it is expected that persons in the Packet Pg. 166 8 � I following status will prepare their discussions and comments to be completed within the prescribed time limits: Staff shall be responsible for summarizing the item for the Board and shall limit such presentation to a maximum of twenty (20) minutes. 2. For advertised public hearing items (other than those which arc quasi-judicial in nature). where there is an applicant other than the Board of County Commissioners or staff, following the staff summary of the item the applicant will have an opportunity to make a maximum (10) minute presentation. Persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons should limit their presentation to tcn (10) minutes. It is expected that others in the organization or group waive their time. 4. All other persons may speak for a maximum of five (5) minutes each. No speaker may give his or her time to any other speaker. At the discretion of the Chairman, the time allowed for any speaker may be extended (b) Speaker Registration. Persons, other than staff and the applicant (where applicable), wishing to speak on an advertised public hearing item shall, prior to the item being heard, register with the County Administrator on the forms provided. Five (5) or more persons deemed by the Board to be associated together or otherwise represent a common point of view, as proponents or opponents on any item may be requested to select a spokesperson. (2) Miscellaneous Items: (a) Dreanizational or (iroup Speakers. Prior to making his/her comments. any person representing an organization or other persons shall indicate who he/she represents and how he/she received authorization to speak on behalf of such organization or group of persons. The Board may make further inquiry into the represented authority of such person if necessary. (b) Restrictions on Comments Deemed Not Germane to the Item. Notwithstanding any provisions herein, any Board member may intcrrupt and/or stop any presentation that discusses matters that need not he considered in deciding the matter then before the Board for consideration. At an), Board proceeding, the Chairman, unless overruled by majority of the Board members present, may Packet Pg. 167 .1,8#, restrict or terminate presentations which in the chairman's judgment arc frivolous, unduly repetitive or out of order. (c) Public Officials. Notwithstanding other provisions hereof, the Board may allow any elected or appointed public official or representative thereof, to appear and make presentations at any time with regard to matters under consideration. (d) Continued Public I IearinLs. In any matter where it is known that a scheduled public hearing will be continued to a future date certain, the staff report may be abbreviated and public comment may be limited to those persons who state that they believe they cannot be available to speak on the date to which the public hearing is being continued. Such persons may make their comments at the current meeting; provided, however, that upon making their comments, such persons shall waive the right to repeat or make substantially the same presentation at any subsequent meeting on the same subject. D. Other As4cnda Items Before the Board: In addition to public hearing, public comment and public petition items, with the approval of the Board, members of the public may speak on other Board agenda items. Registration: Persons wishing to speak on agenda items other than advertised public hearing items, public comment on general topics and public petition items, shall register to speak on the form provided by the County prior to the item being called by the Chairman to be heard. li Time Limits: Where the Board has requested or otherwise authorized public input on agenda items other than public hearing, public comment on general topic, or public petitions items, speakers will be limited to a maximum of 5 minutes. 9 Packet Pg. 168 C Y 1< 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 COLEMAN I YOVANOVICH I KOESTER T:239.435.3535 1 F:239.435.1218 Email: royovanovich(a)cyklawfirm.com August 30, 2021 Via Electronic Mail Mr. James French Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Isles of Capri — Administrative Appeal for SDP (PL20210001944) Dear Mr. French, In the enclosed September 22, 2016 Staff Report, Staff made it clear that for the compatibility analysis was limited to the Bayshore Neighborhood Commercial Subdistrict. We would like to include the Staff Report as a supplemental document to the Administrative Appeal for SDP (PL20210001944). Please see the highlighted sections on page 3 and page 14 of the enclosed Staff Report. We submitted a public records request on August 5, 2021. We received some of the requested documents on August 26, 20221 and are currently reviewing. We reserve the right to further supplement our appeal based upon documents we receive pursuant to our public r records request. If you have any questions, please feel free to contact me. Respectfully, /S/ RGCGI�I'Gt� D. YOI/Gilti01/GGGI Richard D. Yovanovich, Esq. cc: Mark Isackson, County Manger Jeff Klatzkow, County Attorney Mike Bosi Joe Parisi, Esq. Glenn Burhans, Esq. cyklawfirm.com AGENDA ITEM 4-C Co 'fer County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION— ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING: SEPTEMBER 22, 2016 SUBJECT: ZVL(CUD)-PL201600001881, FOOD TRUCK PARK COMPARABLE USE DETERMINATION PROPERTY OWNER/APPLICANT/AGENT: Owner: Naples 2.0 LLC 2055 Trade Center Way Naples, FL 34109 Agent: Laura DeJohn, AICP Johnson Engineering, Inc. 2350 Stanford Court Naples, FL 34112 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) affirm a determination by the Planning Manager that the proposed use of"food truck park" is comparable and compatible to the other permitted uses in the General Commercial - Bayshore Mixed Use Overlay District - Neighborhood Commercial Subdistrict (C-4-BMUD-NC) zoning district. The subject site is located in the southwest corner of the intersection of Bayshore Drive and Becca Avenue, approximately one -quarter mile south of Tamiami Trail East. It consists of approximately 0.75 acres. Haldeman Creek lies to the south of the subject property. ZVL(CUD)-PL20160001881 Page 1 of4 Food Truck Park Comparable Use Determination September 22, 2016 HEX SURROUNDING LAND USE & ZONING: Subject Site: Undeveloped commercial lots; zoned C-4-BMUD-NC North: Becca Avenue ROW, across which is a single family residence; zoned RMF-6- BMUD-RI East: Undeveloped commercial lots; zoned C-4-BMUD-NC South: Haldeman Creek, across which is a commercial building; zoned C-4-BMUD-W West: A canal off Haldeman Creek, across which is a single family house and a vacant residential lot; zoned RMF-6-BMUD-RI PURPOSE/DESCRIPTION OF PROJECT: The Applicant wishes to construct a food truck park in the General Commercial - Bayshore Mixed Use Overlay District - Neighborhood Commercial Subdistrict. The proposed use is consistent with the purpose and intent ofthe district. However, Staff believes that the Land Development Code (LDC) does not specifically authorize mobile food vendors to operate from a fixed location. The Applicant has cited reasons that food trucks qualify as restaurants in her application. The applicant requested a Zoning Verification Letter — Comparable Use Determination (ZVL-CUD) from the Planning Manager. This hearing is to seek affirmation of that opinion (letter dated August 26, 2016, see Attachment A) by the Hearing Examiner (HEX). ZVL(CUD)-PL20160001881 Page 2 of 4 Food Truck Park Comparable Use Determination September 22, 2016 HEX ANALYSIS: The subject site is located in a zoning district that permits restaurants. The Applicant states that the State of Florida regulates both restaurants and food trucks through the Division of Hotels and Restaurants. The food truck park is proposed to consist of pads for food truck parking, infrastructure (including parking, docks, and restrooms) and a bar (as a permanent structure). The obvious difference between a food truck and a restaurant is mobility. The Applicant states that each truck will be required to stay on site for a minimum of 30 consecutive days, allowing the site to function more as a traditional restaurant. Accessory uses to the food truck park include infrastructure such as parking and docking which will be evaluated at the time of Site Development Plan (SDP). Staff also considers the sale of seafood from a docked boat (SIC Code 5421, Seafood Markets) to be an accessory use. Staff analysis finds the proposed bar to be an accessory use. However, if the bar remains open when the food trucks have closed, Staff believes that the bar would no longer be an accessory use and would be required to meet the distance requirements of LDC Section 5.05.01, Businesses Serving Alcoholic Beverages. Staff also recognizes that the Bayshore CRA encourages pedestrian -friendly businesses and human - scale buildings in the Neighborhood Commercial subdistrict; therefore, for the compatibility analysis, Staff has limited the uses to the Bayshore Neighborhood Commercial subdistrict. It is the determination of the Planning Manager that the use of food truck park is comparable and compatible to the other permitted uses in the C-4-BMUD-NC zoning district. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition ZVL(CUD)- PL201600001881 on August 30, 2016. SAS STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the determination of the Zoning Manager that the use of a food truck park is comparable and compatible to other permitted uses in the C-4-BMUD-NC zoning district, subject to the following conditions: 1. Each food truck shall be on site for a minimum of 30 consecutive days. 2. If the bar is to remain open when the food trucks are closed, the site shall be subject to the distance requirements of LDC Section 5.05.01, Businesses Serving Alcoholic Beverages. Attachments: A. Zoning Verification Letters B. Application ZVL(CUD)-PL20160001881 Page 3 of 4 Food Truck Park Comparable Use Determination September 22, 2016 HEX PREPARED BY: FRED IkF,%CHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: oZOCab'( £� 29 16 RAYM4N,b i ELLO ONING MANAGER DA E NIN IVISION MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION ZVL(CUD)-PL20160001881 Page 4 of 4 Food Truck Park Comparable Use Determination September 22, 2016 HEX Collier County Growth Management Department Zoning Division August 26, 2016 Laura DeJohn, AICP Johnson Engineering, Inc. 2350 Stanford Ct Naples, FL 34112 Re: Zoning Verification Letter ZVL (CUD)-PL20160001881; Food Truck Court, Bayshore Drive and Becca Avenue, Collier County, Florida, Multiple Folio Numbers Dear Ms. DeJohn: Thank you for your request for a Comparable Use Determination (CUD). The subject property is zoned General Commercial, Bayshore Mixed -Use Overlay District, Neighborhood Commercial (C-4-BMUD-NC). You requested a determination that the use of "food track park" is comparable with the permitted use in the C-4 district of "eating and drinking establishments". BMUD-NC also permits "bars" and "restaurants". A Zoning Verification Letter, dated April 5, 2016 from Ray Bellows stated that proposed uses are consistent with the purpose and intent statements of both the C-4 and BMUD-NC districts; however, the LDC does not specifically allow mobile food vendors to operate from a fixed location in either district. The Zoning Verification Letter determined that the use of "food truck park' is not a specific permitted use, and recommended a CUD to make that determination. The State of Florida regulates food trucks under the Division of Hotels and Restaurants, indicating that the State considers them to be classified as restaurants. In addition, you have stated that the minimum stay of each track on the site shall be 30 days, giving a more stable location than a typical mobile vendor. The proposed food truck park may also include the sale of seafood from a vessel moored at the site. This use is classified as Seafood Market (SIC 5421), which is also a permitted use in the C-4 district. 2800 North Horseshoe Drive • Naples, Fl- 34104 • 239-252-2400 9 w .wlliergay.ret Based on the research above and in the application, the Planning Manager has determined that the requested use is comparable and compatible to the other permitted uses in the district and is therefore a permitted use. In order to become valid, this determination requires affirmation by the Hearing Examiner Please be advised that the information presented in this verification letter is based on the LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 or fredreischt@colliergov.net. Researched and prepared by: Fr eischl, AICP, Principal Planner Planning & Zoning cc: Anis Moxam, Addressing Reviewed by: Z��4 a- /9� X-� Raymof V. Bellows, Zoning Manager Planning & Zoning Coder County Growth Management Department Zoning Services Section April 6, 2016 David Corban Architect, PLLC Attn: David M. Corban 1042 Sixth Avenue North Naples, FL 34102 Re: ZLTR-PL20160000519; Zoning Verification Letter for a strip of unimproved and unaddressed properties located on the west side of Bayshore Drive, south of Becca Drive, and north of Haldeman Creek; legally identified as Demere Landing Lots 1 (+/-0.15 acres), 2 (+/-0.15 acres), 3 & 4 (+/-0.29 acres), and 5 (+/-0.15 acres) in Section 11, Township 50 South, Range 25 East, of unincorporated Collier County, Florida. Property ID/Folio Numbers: 29830040004, 29830080006, 29830120005, and 29830160007, respectively. Dear Mr. Corban: This letter is in response to your Zoning Verification Letter Application (ZLTR) dated Much 1, 2016, in which seek information with regards to proposed uses for the subject properties; a detailed list accompanied your application (see attached). In brief, you propose a mobile vendor type food truck park with fixed amenities, outdoor seating and permanent shade structures, an open beverage service pavilion (tiki bar), Parking, and a marina type facility. whereas the subject property is located within an unincorporated portion of Collier County, and whereas The Zoning Services Section of the Zoning Division has jurisdiction over zoning and land use issues, the County herewith finds the proposed use to be of such a unique nature that staff can only say that the proposed uses are consistent with the purpose and intent statements of both the C-4 and BMUD-NC districts (see attachments); however, the LDC does not specifically allow all of the proposed uses in either district. Zoning Services Staff is of the opinion that said uses could be approved by means of either pursuing Conditional Use authorization and/or a finding that said uses are comparable to those specifically permitted within the zoning district. The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development Code (LDC), Ordinance 04-41 as emended; the LDC implements the goals, policies and objectives of the County's Growth Management Plan. The current Official Zoning Atlas, an element of the LDC, shows the subject property has a zoning designation of General Commercial District (C-4) and is further located within the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Subdistrict (BMUD-NC). As per LDC Section 2.03.07.1.3.b property owners within the BMUD may establish use, densities, and intensities in accordance with the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable BMUD Subdistrict. Allowable uses within the underlying C-4 zoning area are listed within LDC Section 2.03.07.D and are of three types (as defined within LDC 1.08.02): • Accessory use or structure., A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. elh %MJ Zoning DIMsion a 2800 North Horseshoe Drive • Naples, FL 34104. 239-252-2400 • w .wileryw.mt Zmft VeHfiimnw toner ZUR-PU0160000519 Page 2 of3 • Conditional Use: A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number, area. Location, or relation to the neighborhood. • Aincipal building, structure, or use: The main or primary use on a lot or parcel, or the building in which the main or primary use is housedor carried out The following additional terms are also defined within Section 1.08.02 • Marina: A boating fi cility, chiefly for recreational boating, located on navigable water¢ontage, and providing all or any combination of the following. boat slips or dockage, dry boat storage, small boat hauling or launching facilities, marine fuel and lubricants, marine supplies, bait and fishing equipment, restaurants, boat and boat motor sales, and rentals. Does not include dredge, barge, or other work -dockage or service, boat construction or reconstruction, or boat sales lot. • Restaurant: A building or part of a building where food is offered for sale or sold to the public primarily for immediate consumption. For the purposes of clarification and specificity, the LDC incorporates numerical references that are defined within the "Standard Industrial Classification (SIC) Manual — 1987," as published by the Executive Office of the President — Office of Management and Budget; portions of this manual are accessible online via htW://www.osha.wv/pls/imis/sic manual html. The BMUD overlay district does not use the SIC classification system; allowable uses are contained within LDC Section 2.03.07.1.4 Table I - Table of Uses for the Bayshore Mixed Use District Subdistricts. In order for staff to tender an opinion as to whether or not the proposed uses are allowable, staff must find that there is one in more allowable permitted use(s) and that any unlisted uses are accessory uses that are clearly incidental to and supportive of the permitted use(s). To that end staff has evaluated the information provided and does not agree with the SICs provided by the applicant for the establishment of a "food truck park." The applicant suggests that the food truck use is allowable as SIC 5812 and 5963 are allowable. SIC 5812 — Eating Places — describes establishments primarily engaged in the retail sale of prepared food and drinks for on -premise or immediate consumption; the listing of specific examples includes bars, shops, parlors, counters, and stands, time of which are mobile. SIC 5963 — Direct Selling Establishments — describes establishments primarily engaged in the retail sale of merchandise by telephone, by house to house canvas, or from trucks or wagons or other temporary locations. Historically, the County has applied SIC 5812 to restaurants operating from within a building; SIC 5963 has been used for the actual business office from which a cart or truck is dispatched or operated from, the majority are operated as home occupations. The applicant further provided NAICS (National American Industry Classification System) #722330 which reads: Mobile Food Services — "This industry comprises establishments primarily engaged in preparing and serving meals and snacks for immediate consumption from motorized vehicles or motorized carts. The establishment is the central location from which the caterer route is serviced, not each vehicle or cart. Included in this industry are establishments primarily engaged in providing food services from vehicles such as hot dog carts, and ice cream trucks." Illustrative examples include: Mobile food concession stands, Mobile canteens, Mobile refreshment stands, etc, Although only the SIC system is recognized within the LDC, staff often uses the NAICS as a resource as the NAICS is more current with respect to identified uses. Staff is of the opinion that mobile food vendors are meant to remain mobile and as such no SIC is applicable to them as the SIC system deals with commercial activities at fixed locations and not those of a temporary nature; it is for this reason, in part, the County offers Temporary Use Permits. Given the above, staff finds that a "food truck park" is not specifically called out within the zoning district as an allowable principal use and has insufficient information to find that such a park is clearly incidental to and/or supportive of either a restaurant or marina use. Should the applicant believe that Z°nR- L2016vtteelatter P.r 3 2n16000a519 agr3°f3 evidence and/or argument can be made to allow such a food truck park as part of a restaurant, marina, or any other allowable principal use within the zoning districts, a Zoning Verification Letter -Comparable Use Determination should be sought (application attached). Alternatively; staff opines that mobile food vendors are typically observed operating at fixed locations by means of the permitting of the location where they are staged, usually a park or fair grounds, staff is confident that all of the requested uses could be accommodated and approved as being an outdoor amusement center, park, and/or picnic grounds using a combination of SIC numbers 7996 and 79,99 for which Conditional Use authorization is required. LDC Section 2.03.03 D.I.c., C-4 Conditional Uses, item #2 allows: "Amusement and recreation services, outdoor (7948, 7992, 7996, 7999). With respect to the proposed tiki bar; businesses serving alcoholic beverages, unless specifically exempted, are required to comply with the distance requirements of LDC Section 5.05.01 (see attached). Specifically exempted are restaurants deriving at least 50°% of their gross revenue from the sale of food and non-alcoholic beverages. The applicant is encouraged to contact the State's Department of Business and Professional Regulation to ascertain if additional requirements for licensing may apply. The information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concutrsmey related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances, This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may request an Official interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.01.A and 10.02.02.F.1 of that Code. The fee for an Official Interpretation is identified in the most recent CDES Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact Ms. Maria Estrada — Operations Coordinator, at (239)252-2989. The LDC may be viewed online at www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Courts website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes, Records / BMR Validated Ordinances. Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. Should you require additional information, please do not hesitate to call our office at (239)252-2400. Researched and prepared by: Jollh A. Kelly, Planner Zoning Services Section Attachments cc: Mike Bozi, Zoning Director Reviewed by: G - RaymWd Bellows, Zoning Manager Zoning Services Section Co er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.collieraov.net (239) 252-2400 FAX: (2391 252-6359 Zoning Verification Letter - Comparable Use Determination LDC sections 2.03.00 A, 10.02.06 J & Code of Laws section 2-83 — 2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED PUD Zoning District Straight Zoning District APPLICANT CONTACT INFORMATON 71 Name of Applicant(s): Naples 2.0 LLC (Rebecca Maddox, Manager) Address: 2055 Trade Center Way City: Naples state: FL ZIP: 34109 Telephone: Cell: 203-733-0665 Fax: 239-7744858 • E-MailAddress: rebecGa@three60market.com Name of Agent: Laura DeJohn, AICP Firm: Johnson Engineering, Inc. Address: 2350 Stanford Court city; Naples _ State: FL ZIP: 34112 Telephone: 239-434-0333 Cell: 239-229-1726 Fax: E-Mall Address: ldejohn@johnsoneng.com PROPERTY INFORMATION Site Address: Bayshore Drive Folio Number: Property owners Name: Naples 2.0 LLC I DETERMINATION REQUEST I The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of aoa aucl Park is comparable and compatible with the • permitted uses in the (Ma) PUD or in the C4-BNUD4IC Straight Zoning District." 9/25/2014 Page 1 of 2 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT COPIES REQUIRED Completed Application (download current form from County ❑ a ❑ website) Determination request and the justification for the use PUD Ordinance and Development Commitment information Electronic Copies of all documents -Please advise: The Office of the Hearing Examiner requires all ❑ Q ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: I i Application: $1,000.00; Additional Fees of $100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. 1 i Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $925.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 / Applicant Signature Date Rebecca Maddox Printed Name • Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility • for the cost of correcting any unreported conditions. 9/25/2014 Page 2 of 2 s INCe 1946 ENGINEERING July 28, 2016 Mr. Ray Bellows Planning Manager Zoning Services 2800 N. Horseshoe Drive Naples, FL 34104 Re: Bayshore Drive Food Track Park Zoning Verification — Comparable Use Determination Request (CUD) Parcel Nos. 29830040004, 29830080006, 29830120005,29830160007 Section 11, Township 50, Range 25 Dear Mr. Bellows, Please accept this request for a Zoning Verification — Comparable Use Determination on behalf of property owner Naples 2.0 LLC to determine that a proposed food truck park is comparable to the permitted restaurant use allowed within the C-4-BMUD-NC designation per Land Development Code (LDC) Section 2.03.07.1.4.b.iii(d)(8). Site Location & The subject site is approximately 0.74 acres on the west side of Bayshore Drive, south of Becca • Drive, and north of Haldeman Creek. The site is legally identified as Lots 1 `+0.15 acres), 2 `+0.15 acres), 3 & 4 (+0.29 acres) and 5 &.15 acres) of the Demere Landing subdivision. The site is within the conventional zoning designation of C-4 (General Commercial) with BMUD- NC overlay (Bayshore Mixed Use Overlay District —Neighborhood Commercial Subdistrict). The Zoning Map is provided as Attachment 1. The site is currently cleared and unimproved. An aerial view from the Property Appraiser website is provided as Attachment 2. The C-4 designation was adopted for the subject site by Ordinance 92-43 (Attachment 3). The conditional provisions regarding access to the subject site in Ordinance 92-43 would be applicable at time of development, and discussions with the County Attorney's office are ongoing regarding these provisions. Per the LDC, the purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. The BMUD-NC overlay designation was adopted for the subject site by Ordinance 00-92, as amended by Ordinance 03-27. The purpose of the BMUD is to encourage revitalization of the Bayshore Drive portion of the Bayshore Gateway Triangle Redevelopment Area with pedestrian - oriented, interconnected projects. The BMUD implements the provisions of the Bayshore • Gateway Triangle Redevelopment Overlay within the Future Land Use Element of the Growth Management Plan. The Neighborhood Commercial Subdistrict (BMUD-NC) purpose is to encourage a mix of low intensity commercial and residential uses, including mixed use projects in 2350 Stanford Court .Naples, Florida 34112 (239) 434-0333 . Fax (239) 434-9320 Mr. Ray Bellows July 28, 2016 Page 2 • a single building. BMUD-NC developments are to be human -scale andpedestrian-oriented per LDC Section 2.03.07.I.4.a.i. Proposed Use The applicant proposes to develop the site for the commercial sale of prepared foods, beer and wine, and food and drink consumption. The proposed use of the site is consistent with the definition of Retail/Restaurant found in LDC Section 2.03.07.I.4.b.i(d), which enumerates the uses allowed in the BMUD and defines Retail/Restaurant as: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. The proposed sale of food, beer and wine, and food and drink consumption is clearly allowable in the Neighborhood Commercial Subdistrict per LDC Section 2.03.07.I.4.b.iii., which indicates the following are permitted in BMUD-NC: (d)(2) Bars; (d)(5) and (d)(6) General Retail less than 15,000 s.f.; and (d)(8) Restaurant. The manner in which these sales and consumption are performed is subject to the County's determination of a comparable use. The applicant proposes sales and consumption are to be performed on the subject site through the location of eight "food trucks," along with a chickee structure (serving beer and wine) and outdoor seating. Sale of food and non-alcoholic beverages will be the primary income generator; less than 50% of the income from the facilities will be from sale of alcoholic beverages. As illustrated on the applicant's conceptual site plan (provided as Attachment 4), a restroom pavilion is also proposed, subject to design and approval through the usual Site Development Plan and Building Permitting process. A parking lot and dock and boat slips along the waterside edge of the site are proposed, which are also subject to state and County permitting requirements. The eight food trucks are proposed to occupy designated positions on the site as illustrated on the conceptual site plan. These designated positions will be leased. Lease terms are anticipated to be for a minimum of 30 days. Connections to potable water, grease traps, and sewer will be available, all subject to design and approval through the Site Development Plan process. Food and drinks sold by the food truck vendors may be consumed on site at the outdoor seating areas, or may be carried away. Operations are expected to be during mealtimes of breakfast, lunch and dinner. In addition to the landside uses listed elsewhere in this document, we propose to have boat slips along the waterfront portions of the site to be properly permitted through agencies having jurisdiction. The boat slips may be leased to licensed commercial fishing interests to moor boats. These commercial fishermen will be able to sell their catch on the property. The boat slips may be leased to non-commercial, recreational boaters. The boat slips may be used by patrons visiting the site. Food trucks defined by State of Florida and U.S. Department of Labor Food trucks are classified as Mobile Food Dispensing Vehicles (MFDV) per the Florida • Department of Business and Professional Regulation (DBPR) Division of Hotels and Restaurants. As documented in Attachment 5, The DBPR defines MFDV as: Mr. Ray Bellows July 28, 2016 Page 3 a vehicle -mounted public food service establishment that is self-propelled or otherwise movable from place to place. Regulations and licensing through the DBPR Division of Hotels and Restaurants is a state - managed function applicable to MFDV's or "food trucks." By the state definition and regulatory structure, food trucks are within the realm of restaurants because they are considered public food service establishments and they are governed under the Division of Hotels and Restaurants. Mobile food is also identified within the U.S. Department of Labor Standard Industrial Classification Code 5963. As documented in Attachment 6, the description of Major Group 58, Eating and Drinking Places, references that mobile food is classified in Industry 5963. SIC Code 5963, Direct Selling Establishments, is within Major Group 59, Miscellaneous Retail, and is described as "the retail sale of merchandise... from trucks or wagons or other temporary locations." Examples listed include lunch wagons, mobile -retail, as documented in Attachment 6. Thus, by state definition, a food truck is an MFDV within the realm of restaurants. According to the SIC system, a food truck is a direct selling establishment within the realm of retail. Both restaurant and retail are permitted lases within the BMUD-NC designation and in the underlying C-4 zoning district. 0 Conclusion: The applicant intends to develop the site as a food truck park, with positions for food trucks, chickee, and seating areas, for the sale of food, beer and wine, and food and drink consumption. As proposed, the food truck park is comparable use to a restaurant which is listed as permitted within the BMUD-NC overlay designation, and defined according to LDC Section 2.03.07.I.4.b.i.(d) as: premises available for the commercial sale of merchandise, prepared Foods, and food and drink consumption, but excluding manufacturing. Request: The applicant requests a determination that the proposed food truck park is a comparable use to the permitted restaurant use allowed within the C-4-BMUD-NC designation per Land Development Code (LDC) Section 2.03.07.I.4.b.iii(d)(8). Sincerely, JOHNSON ENGINEERING, INC. .t 40 Laura DeJohn, AICP Principal Planner Mr. Ray Bellows July 28, 2016 Page 4 Enclosed: 1. Zoning Map 2. Property Appraiser Aerials 3. Ordinance 92-43 4. Conceptual Site Plan 5. Mobile Food Dispensing Vehicle definition from the Department of Business and Professional Regulation (DBPR) Division of Hotels and Restaurants 6. 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Ordinance 92-43 � (Relevant Language on Page 25) • M ORDINANCE NO. 92-43 .aA G AN AN ORDINANCE AMENDING ORDINANCE 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN �^ DESCRIBED PROPERTIES FROM THEIR CURRENT RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL m' _ ZONING CLASSIFICATION, AS HEREIN IDENTIFIED > l7 ON EXHIBIT -Ae, TO THE SPECIFIC ZONING.', N 1� CLASSIFICATION OF EITHER THE RSF-1,- wt m RESIDENTIAL SINGLE FAMILY ZONING DISTRICT,.•, OR TO THE RSF-1ST, RESIDENTIAL SINGLE FAMILY" x ZONING DISTRICT WITH SPECIAL TREATMENIQ b OVERLAY, OR TO THE RSF-4, RESIDENTIAL SINGLE FAMILY ZONING DISTRICT, OR TO THE RSF-6, RESIDENTIAL SINGLE FAMILY ZONING DISTRICT, OR TO THE RNF-6, RESIDENTIAL MULTI -FAMILY ZONING DISTRICT, OR TO THE RMF-6ST, RESIDENTIAL MULTI -FAMILY ZONING DISTRICT WITH SPECIAL TREATMENT OVERLAY, OR TO THE RMF-12, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT, OR TO THE RMF-12ST, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT WITH SPECIAL TREATMENT OVERLAY, OR TO THE RMF-16, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT, OR TO THE RT, RESIDENTIAL TOURIST ZONING DISTRICT, OR TO THE HH, MOBILE HOME ZONING DISTRICT, OR TO THE CF, COMMUNITY FACILITY ZONING DISTRICT, OR TO THE TTRVC, TRAVEL TRAILER -RECREATIONAL VEHICLE CAMPGROUND ZONING DISTRICT, OR TO THE C-1/T, COMMERCIAL PROFESSIONAL/TRANSITIONAL ZONING DISTRICT, OR TO THE C-1, COMMERCIAL PROFESSIONAL ZONING DISTRICT, OR TO THE C-2, COMMERCIAL CONVENIENCE ZONING DISTRICT, OR TO THE C-1, COMMERCIAL INTERMEDIATE ZONING DISTRICT, OR TO THE C-OST, COMMERCIAL INTERMEDIATE ZONING DISTRICT WITH SPECIAL TREATMENT OVERLAY, OR TO THE C-4, GENERAL COMMERCIAL ZONING DISTRICT, FOR INDIVIDUAL PARCELS AS HEREIN IDENTIFIED ON EXHIBIT -A-, AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS TO BE APPROPRIATE AND TO BE CONSISTENT WITH THE GROWTH MANAGEMENT PLAN, PURSUANT TO OBJECTIVE 1 AND RELATED POLICIES AND POLICY 1.1.K OF THE FUTURE LAND USE ELEMENT AND THE ' FUTURE LAND USE MAP OF THE GROWTH MANAGEMENT PLAN; AND BY PROVIDING AN EFFECTIVE DATE WHEREAS, Article Vill, Section l(f) of the Constitution of Florida confers an counties broad ordinance -making power when not inconsistent with general or special law; and WHEREAS, Chapter 125,01, Florida Statutes, confers on all Counties in Florida general powers of government, including the Boor r53f+GL331 ordinance -making power and the power to plan and regulate the use of land and waters and WHEREAS, On January 10, 1989, Collier County adopted the Collier County GrowtV,Xanagement Plan as its Comprehensive Plan pursuant to the requirements. Chapter 163, Part II, glued Statutes, also known as the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Chapter 9J-5, Florida Administrative Code. also known as the Minimum Criteria for Review of Local:Government Comprehensive Plans and Determination of Compliance; and WHEREAS, the Board'of County Commissioners of Collier County finds that development for which zoning has already been approved by Collier County and potential zoning within Urban Designated Areas of the Collier County Growth Management Plan will accommodate approximately 350,000 dwelling units in the unincorporated Coastal Urban Area of Collier County, and that commercial zoning in excess of 4,600 acres has been approved, while the Capital Improvement Element of the Growth Management Plan would serve only a fraction of the planned and approved, yet unbuilt, development; and WHEREAS, because of these estimates and projections, the Future Land Use Map and Element of the Collier County Growth . Management Plan and the Support Documents project and provide for over Go years of growth while the Capital Improvement Element of the Collier County Growth Management Plan provides for only five (3) years of funding and only ten (10) years of needs and deficiency assessments for public facilities for all categories, except that roads are also in the process of being tentatively planned for up to 25 years of growth; and WHEREAS, as a result of the realization of this serious and significant imbalance between planned land uses and planned public facilities by the Board of County Commissioners of Collier County, the Board of County Commissioners of Collier 2 toot 0533 ►A! 3132 County finds that Collier County faces real, serious and imminent problems that will result from the planned and approved, yet unbuilt, development in that it exceeds the financial resources of Collier County to fund projected carrying capacity of the existing and planned public fa^.ilitins of Collier County and that it in inconsistent with for existing and desired community character of Collier County; aed WHEREAS, at the time of adoption of the Growth Management Plan, the Board of County Commissioners of Collier County recognized the need to balance evacuation capability and the at -risk population in the Hurricane Vulnerability Zones in Collier County by limiting or reducing the maximum permitted densities in those zones to ensure that the population at risk in theme zones of high risk could safely evacuate during the time of a hurricane eventl and WHEREAS, the Board of County Commissioners of Collier County acknowledged the report of the Regional/Urban Design Team for the Naples area dated April, 1987 and subsequent recommendations of the R/HDAT Citizen Committee and approved a revised commercial allocation system to promote superior urban design by managing road access, avoiding commercial strip development, improving overall traffic circulation patterns and providing community focal points; and WHEREAS, the Growth Management Plan, through the Future Land Use Map and the Goals, Objectives and Policies, striven to coordinate land use with the provision of adequate roads, sewer, water, drainage facilities, solid waste facilities and parka and recreation opportunities; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl; and WHEREAS, the coat to the public and Collier County to provide adequate public facilities for planned and approved, yet unbuilt, development is too great of a financial burden and psym n53PA'A333 3 would cause the public and Collier County undue fiscal hardship; and WHEREAS, additionally, the Board of County Commissioners of Collier County recognizes that if a substantial amount of the unimproved property were allowed to develop and be constructed under existing zoning districts inconsistent with the Growth Management plan, it would encourage urban sprawl, promote strip commercial development, negatively impact the character of residential neighborhoods and commercial areas, and force Collier County to make premature ad hoc land use commitments; and WHEREAS, Collier County has attempted to address these problems by including several provisions in the Collier County Growth Management Plan, including Objective 1 and related Policies and Policy 3.1.K of the Future Land Use Element of the Collier County Growth Management Plan, and by pruvidinq that land development regulations be adopted and contain provisions to implement the Collier County Growth Management Plan and include at a minimum, inter Al", the establishment of a Zoning Reevaluation Program for unimproved property that shall be carried out by January 10, 1991 for all commercially zoned and non-residential property and by January 10, 1992 for all other property; and WHEREAS, Objective 1 of the Future Land Use Element requires all new or revised uses of land to be consistent with designations outlined on the Future Land Use Maps and WHEREAS, Policy 3.1.X of the Future Land Use Element of the Collier County Growth Management Plan furthermore provides for the rezoning of inconsistent, unimproved properties to a zoning district consistent with the Growth Management Plans and WHEREAS, pursuant to Sec. 163.3194(3)(a), Pla. Stet., land development regulations shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, and other aspects of development permitted by such regulations 4 took n•53nv334 are compatible with and further the objectives, policies, land uses, and densities or intensities in the Comprehensive Plan and if it most. all other criteria enumerated by the local government; and wNERP.AS, in order to comply with the foregoing authorities, findings and the Act, it is necessary to rezone large areas in the unincorporated portion of Collier County to zoning districts consistent with the Growth Management Plan; and wNP.REAs, the zoning amendments herein will implement Objective One and related Policies and Policy 1.1.K of the Future Iand Use Element and Future Land Use Map; and wNER , the owners of the herein described properties have not submitted an application as provided for in Sections 2.4 (Exemption.), 10 (Compatibility Exception), and 11 (Determination of Vested Rights) of the Zoning Reevaluation Ordinance, or have submitted an application and it was not granted, or have submitted an application and it was granted subject to a zoning change and/or condltione; and WHEREAS, Policy 3.1.K of the Future Land Use Element of the Growth Management Plan and the Stipulated Settlement Agreement in ROAN Case No. E9-1299 GM require commercially and industrially zoned property inconsistent with the Growth Management Plan and unimproved to be rezoned to consistent zoning districts by January 10, 1991, and require residentially zoned property inconsistent with the Growth Management Plan and unimproved to be rezoned to consistent zoning districts by January 10, 1992; and YnIEREAS, the zoning amendments herein will bring the zoning of the herein described properties into consistency with Objective 1 and related Policies and Policy 1.1.K of the Future land Use Element and the Future Land Use Map of the Growth Management Plan; and coo+ 1153PAu335 5 WHEREAS, the Collier County Planning Commission has reviewed this zoning ordinance and has found it to be consistent wiv the Growth Management Plan as required by Sac. 163.3194(2), Florida Statutes. NOW, THEREFORE BE IT ORDAINED by the Board of Cc"4nty Comissioners of Collier County, Florida: SECTION ONE: Rezone or properties with Residential Zoning Designations. The zoning classification of the herein described real properties is changed from the zoning classifications indicated on Exhibit "A" to the RSF-3, Residential Single Family Zoning District, or to the RSF-3ST, Residential Single Family Zoning District with Special Treatment overlay, or to the RSF-4 Residential Single Family Zoning District, or to the RSF-6, Residential Single Family Zoning District, or to the RMF-6, Residential Multi -Family Zoning District, or to the RMF-65T, Residential Multi -Family Zoning District with Special Treatment overlay, or to the RMF-12, Residential Multiple Family Zoning District, or to the RMF-12ST, Residential Multiple Family Zoning District with Special Treatment Overlay, or to the RMF-16, Residential Multiple Family Zoning District, or the the RT, Residential Tourist Zoning District, or to the MH, Mobile Home Zoning District, or to the C-3, Commercial Intermediate Zoning District, or to the CF, Community Facility Zoning District as herein identified an Exhibit "A", and the Official Zoning Atlas Map Numbers indicated on Exhibit "A", as described in Ordinance 92-102, are hereby amended accordingly: SEE EXHIBIT "A" i c w R53 rAv 336 6 SECTION TWO: Rezone of properties with Commercial Zoning Designations. Ths zoning classification of the herein described real propert lee is changed from the zoning classifications indicated on Exhibit "A" to the RMF-6, Residential Multi -Family Zoning District, or to the RMF-12, Residential Multiple Family Zoning District, or to the RMF-12ST, Residential Multiple Family Zoning District with Special Treatment Overlay, or to the TTRVC, Travel Trailer -Recreational Vehicle Campground Zoning District, or to the C-1/T, Commercial Professional/Transitional Zoning District, or to the C-1, Commercial Professional Zoning District, or to the C-2, Commercial Convenience Zoning District, or to the C-O, Commercial Intermediate Zoning District, or to the C-2ST, Commercial Intermediate Zoning District with Special Treatment Overlay, or to the C-1, General Commercial Zoning District, as herein identified on Exhibit "A", and the Official Zoning Atlas Nap Numbers indicated on Exhibit "A", as described in ordinance 91-102, are hereby amended accordingly: SEE EXHIBIT "A" SECTION THREE: Rezone of properties with Industrial Zoning Designation. The zoning classification of the herein described real properties 1s changed from the zoning classification indicated on Exhibit "A" to the C-1, Commercial Professional Zoning District, as herein identified an Exhibit "A", and the Official Zoning Atlas Map Number indicated on Exhibit "A", as described in Ordinance 91-102, is hereby amended accordingly: SEE EXHIBIT "A" Boor n53oi«337 7 SECTION FOUR: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of r.*w151— Commissioners of Collier County, Florida, this 22nd day of Ads , 1992. 415Aa,� a R JRZ+PEST s . f `c . j .7 MES C. C$.Ew-, CLERX A I f ef_ o.. D,,.�$..FORM AND 1.�..'. WWORIZ M. STUDENT "BISTANCR COUM ATTORM CZR6.1791 ff BOARD OF qOUNTY COPMISSIONERS CO , LORIDA BY: xICHAEL J LP , CHAIRMAN 8 � : �►�-ice .. toot fl53 ► u 3.3 EXHIBIT -A- Legal Description: Lots 1, 2, 21 and 22, Block 10, Bonita Shores, Unit 2, according to the plat thereof, recorded in Plat Book 3, Page 43 of the Public Records of Collier County, Florida. Rezoned from C-3, Commercial Intermediate Zoning District to C-1, Commercial Professional Zoning District (CEX-037-NN). Change Official Zoning Atlas Map 08505N Legal Description: Iota 1-5, Block 11, Bonita Shores, Unit 2, according to the plat thereof, recorded 1n Plat Book 3, Page 43 of the Public Records of Collier County, Florida. Rezoned from C-3, Commercial Intermediate Zoning District to C-1, Commercial Professional Zoning District (CEX-036-NN). Change Official Zoning Atlas Map 08505H Legal Description: Lot 6, Block 26, Bonita Shores, Unit 3, according to the plat thereof, recorded in Plat Book 3, Page 80 of the Public Records of Collier County, Florida. Rezoned from C-3, Commercial Intermediate Zoning District to C-3, commercial Intermediate Zoning District subject to the following conditions (CEX-002-NN/A): A. Only the following principal uses, as listed in the Land Development Code (Ordinance 191-102), are permitted: (1) All permitted uses of the C-l/T. Commercial Professional/Transitional District, except Care Units, Nursing Home., Museums and Art Galleries, and Non -depository Credit Institutions. (2) All conditional uses of the C-l/T. Commercial Professional/Transitional District, except Increased Building Height, Mixed Residential and Commercial Uses, and Depository Institution.. (3) Apparel and Accessory Stores (5611 - apparel accessory stores, hat stores, and tie shops only; 5632 - excluding fur apparel made to custom order, fur shops, and furriers; 5641 and 5699) (4) Business Service. (7311, 7313; 7322 - 7338; 7361-7379; 7384; 7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting) (5) Food Stores (5421 - fish markets and seafood markets only; 5431; 5441; 5451-excluding ice cream store; 5461 and 5499) (6) General Merchandise Stores (5331) (7) Health Services (8011-8049 and 8082) (8) Home Furniture, Furnishings and Equipment Stores (5714; 5719; 5735 and 5736) (9) Miscellaneous Repair Services (7629 and 7631) (10) Miscellaneous Retail (5932 - antique stores, antique furniture, antique glassware, antique home -furnishings, and antique objects of art only; 5942; 5943; 5944 - excluding jewelry, precious stones ego: 053 P4 M9 �. and precious =*talus including custom made! 5945 - '�"' ceramics supplies, craft kits and supplies, and hobby '- shops only! 5946; 5947; 59491 5992; 5993 and 5999 - excluding ice dealers and pot shops) (11) paint, Glass and Wallpaper Stores (5231) ! (13) Personal Services �72421 and 7291) Veterinaryservices (07427excluding outside ' kenneling) (14) Any other intermediate commercial use which is •�' comparable in nature with the foregoing uses. b. All conditional uses listed in the C-3 District of the Land Development Code are permissible as conditional uses, subject to the standards and procedures established in Division 2.7.4 of the Land Development Code . '� c. All buildings are limited to a maximum height of 35 it feet. Change Official Zoning Atlas Map #85055 4. Legal Description: Lot 47, Black 56, Naples Park, Unit 5, according to the plat thereof, recorded in Plat Book 3, Page 14 of the Public Records of Collier County, Florida. Rezoned from RMF-6, Residential Multi -Family Zoning District to C-3, Commercial Intermediate Zoning District so as to allow development compatible with surrounding properties. Change official Zoning Atlas Map #8533N 5. Legal Description: Lots IS and 19, and the South 8.9 feet -of-Lot 17, Palm River Shores, according to the plat thereof, recorded in Plat Book 3, Page 27 of the Public Records of Collier County, Florida. AtiD STRAP #482522-036.000, further described as lying in Section 22, Township 48 South, Range 25 East, Beginning at the Northwest corner of Lot 1, Palm River Shores, thence i run East 113.27 feet, thence run North 71' East 313.27 ;.` feet, thence run Southeasterly along the waterway 218.5 ;• feet, thence run Southwesterly along arc of curve 173.82 feet, thence run South 86' West 287.24 feet, thence run West 100 feet to the Nast line of U.S. 41, thence run i;. North 265 feet to Point of Beginning, as recorded in Official Record Hook 2431, Page 1534. Rezoned from RT, Residential Tourist Zoning District to RT, Residential Tourist Zoning District subject to the following conditions (CEX-041-NN): a. The maximum height of buildings shall be limited to two (2) stories. u: b. The maximum height of exterior lighting fixtures shall be 15 feet and shall be constructed and located in a manner so that no light is directed toward a residentially zoned property. C. All recreational facilities are to be located on the north side of the property (away from nearby residential zoning). F; d. A landscape buffer shall be provided along the east i and south property lines in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. e. There shall be no boat docks or boat ramps on the ., property or waterways abutting the site. 2 e00c V53 PAGE 340 I. An adequate water management plan Shall be devised to prevent surface run-off to the Cocohatchee River (Horse Creek) and adjoining waterways. g. Additional red mangrove Seedlings shall be planted along canal banks and In the riprap area. This shall be included in the landscaping plan to be reviewed for approval by the Project Review Services Environmental Specialists. h. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plane is granted by the County Engineer. I. In accordance with the Rules of South Florida Water Management District (SFWMD) Chapters 4DE-4 and 40E-40, this project shall be designed for a atom event of one hour duration and a 3-year return frequency to provide full water quality treatment of storm run-off before discharge into Norse Creek. J. The developer shall provide a northbound right turn lane on V.S. 41 at the project entrance. k. The developer shall provide arterial level street lighting at the project entrance and exit. 1. It is anticipated that additional right-of-way will be required for the future widening of U.S. 41. However, It shall be the Petitioner's responsibility to ascertain this fact from the Florida Department of Transportation and make arrangements for donation of right-of-way if needed. M. Utility Division stipulations per their memo dated December 12, 1985, attached. n. Any establishment requiring CCPHU permit, must Submit plans for review and approval. o. A minimum a inch water main and fire hydrants Shall be installed in this area to provide adequate fire protection. p. No median cut shall be requested from Florida Department of Transportation. q. Any existing boat docks and reaps are to be removed. r. No interval ownership Is permitted. (time share) a. The motel Structures shall be located generally as shown on the submitted site plan dated 11/8/85 and revised 11/26/05 (i.e., Structures facing the water with parking internal to the site). Change Official Zoning Atlas Map 18522N 6. Lgal Description: Lots 1-I8, Block C. Vanderbilt Beach Center, according to the plat thereof, recorded in Plat Book 31 Page 16 of the Public Records of Collier County, Florida. Rezoned from C-3, Commercial Intermediate Zoning District to C-3, Commercial Intermediate Zoning District subject to the following conditions (CEk-007-NN): a. There shall be no access from Commerce Street or Gulf Shore Court. Only one access point shall be allowed on Vanderbilt Beach Road (for all 18 lots combined) and a deceleration lane shall be provided for this access point. Change Official Zoning Atlas Map f8532N Boor (153PP.P341 7. Legal Description: Lots 1-7, Block 1, Wiggins Pass Landings, Unit 1, according to the plat thereof, recorded in Plat Book 10, Page 44 of the Public Records of Collier County, Florida. Rezoned from RMF-6, Residential Multi -Family Zoning District to RMF-6, Residential Multi -Family Zoning District subject to the following condition so as to allow development compatible with surrounding properties: a. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 8-10, Block 1 of Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 3.2 of the Collier County Land Development Code. Change Official Zoning Atlas Map /85205 8. Legal Description: Block 2 undivided, Wiggins Pass Landings, Unit 1, according to the plat thereof, recorded in Plat Book 10, Page 44 of the Public Records of Collier County, Florida. Rezoned from C-3 and C-38T, commercial Intermediate Zoning District and Commercial Intermediate Zoning District with p Special Treatment overlay to RMF-12 and RMF-12ST, Residential Multiple Family Zoning District and Residential Multiple .� Family Zoning District with Special Treatment overlay, all -with a maximum density of 6 units per acre subject -to the following condition: ��. a. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 8-10, Block 1 of Wiggins Pass Landings Unit 1, shall be submitted to ^' Collier County for review and approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 3.2 of the Collier County Land Development Code. Change Official Zoning Atlas Map f85205 g. Legal Description: Lots 1 and 2, Block 3, Wiggins Pass Landings, Unit 1, according to the plat thereof, recorded in % Plat Book 10, Page 44 of the Public Records of Collier County, Florida. Rezoned from RMF-6, Residential Multi -Family Zoning District to RMF-6, Residential Multi -Family Zoning District subject to the following condition so as to allow development compatible with surrounding properties: a. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit i Addition and all of Wiggins Pass Landings Unit 1, except for Lots 8-20, Block 1 of Wiggins Pass Landings Unit 1, shall be submitted to :.. Collier County for review and approval. The purpose of 4 wt (353raE342 this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but net limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 0.2 of the Collier County Land Development Code. Change Official Zoning Atlas Map 185205 20, Legal Description: Lot. 1, 4, 51 11, 12 and 11, Block 0, Wiggins Pass Landings, Unit 1, according to the plat thereof, recorded in Plat Book 10. Page 44 of the Public Records of Collier County, Florida. Rezoned from RMF-16, Residential Multiple Family Zoning District to RMF-12, Residential Multiple Family Zoning District With a maximum density of 6 units per acre subject to the following condition so as to allow development compatible with surrounding properties: A. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pace Landings Unit 1, except for Lots 8-10, Block 1 of Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of this Preliminary Subdivision Plat in to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 1.2 of the Collier County land Development Code. Change Official Zoning Atlas Map 185205 11. ragal Description: Tote 7, a and 9, Block 1, Wiggins Pass landings, Unit 1, according to the plat thereof, recorded in Plat Book 10, Page 44 of the Public Record. of Collier County, Florida. Retuned from RAT-12ST, Residential Multiple Family Zoning District With Special Treatment Overlay to RMF-129T, Residential Multiple Family Zoning District With Special Treatment Overlay and with a maximum density of 6 units per acre subject to the following condition so ae to allow development compatible with surrounding properties: a. Prior tw the issuance of any development order., a Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Iandinge Unit 1, except for Lots 8-10, Block 1 of Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of this Preliminary Subdivision Plat in to indicate the ability to provide adequate infrastructure including, but not limited to, roads, Water, sewer, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 3.2 of the Collier County Land Development Code. Change Official Zoning Atlas Map 185205 12. Legal Description: Lots 6, 10, 14, 15 and 16, Block 1, Wiggins Pass Landings, Unit 1, according to the plat thereof, recorded in Plat Book 10, Page 44 of the Public Records of Collier County, Florida. 609 R53 f4;i 343 Rezoned from RMF-12ST, Residential Multiple Family Zoning District with Special Treatment Overlay and RMF-16, Residential Multiple Family Zoning District to AMF-12 and RMF-12ST, Residential Multiple Family Zoning District and Remidential Multiple Family Zoning District with Special Treatment Overlay, all with a maximum density of 6 units per acre subject to the following condition eo ae to allow development compatible with surrounding properties: A. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include all of Wiggins Pass Landings Unit 1 Addition and all of Wiggins Pass Landing. Unit 1, except for Lots 8-10, Block 1 of Wiggins Pass Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street lighting, sidewalk. and drainage facilities to serve the properties, pursuant to Division 3.2 of the Collier County Land Development Code. Change official Zoning Atlas Map 08520S 13. Legal Description: Lots 1-4, Wiggins Pass Landings, Unit 1 Addition, according to the plat thereof, recorded in Plat Rook 10, Page el of the Public Records of Collier County, Florida. Rezoned from C-3, Commercial Intermediate Zoning District to RMF-12, Residential Multiple Family Zoning District with a maximum density of 6 unite per acre subject to the following condition: A. Prior to the I .... nce of any development order., a Preliminary Subdivision Plat to include all of Wiggins Pans Landings Unit 1 Addition and all of Wiggins Pass Landings Unit 1, except for Lots 8-10, Block 1 of Wiggins Pane Landings Unit 1, shall be submitted to Collier County for review and approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, sewer, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 3.2 of the Collier County Land Development Code. Change Official Zoning Atlas Map 16520S 14. Legal Description: STRAPi 482505-005.000, further described as lying In Section 5, Township 48 South, Range 25 East, Collier County, Florida, Beginning at the intersection of th6 West line of Section 5 with the South line of Bonita Beach Road, run East 345 feet, thence nn South 320 feet, thence run South 86' West 225 feet, thence run North 67' West 132.52 feet to the West aection line, thence run North 330 feet along the West line of Section 5 to the Point of Beginning, an recorded in Official Record Book 1541, Page 592. Rezoned from C-4, General Commercial Zoning District to C-3, Commercial Intermediate Zoning District (CEk-025-NN). Change Official Zoning Atlas Map 48505N 15. Legal Description: STRAP i482509-002.001, further described as lying in Section 9, Township 48 South, Range 25 East, Collier County, Florida, the North 268 feet lying East of U.S. 41 as recorded in Official Record Book 610, Page 1194. Boor M3 PA<<344 Rezoned from RMP-6, Residential Multi -Family Zoning District to RMP-6, Residential Multi -Family Zoning District with a minimum be.. density pursuant to the Density Rating System contained in the Future Land Use Element of the Growth Management Plan (CEX-043-NN/A). Change Official Zoning Atlas Map 08509N 16. Legal Description: STRAP #482510-018.000, further described as lying in Section 10, Township 48 South, Range 25 East, Collier County, Florida, the North 757.11 feet of the Northwest 1/4 as recorded in Official Record Book 610, Page 1174. Rezoned from RMF-6 and RMF-6ST, Residential Multi -Family Zoning District and Residential Multi -Family Zoning District with Special Treatment Overlay to RMF-6 and RMF-6ST, Residential Multi -Family Zoning District and Residential Multi -Family Zoning District with Spacial Treatment Overlay, all with a minimum base density pursuant to the Density Rating System contained in the Future Land use Element of the Growth Management Plan (CEX-054-NN/A). Change Official Zoning Atlas Map /851ON 17. legal Description: Portion of STRAP 1482510-040.000, further described as lying in Section 10, Township 48 South, Range 25 East, Collier County, Florida, commence at the Southwest corner of Section 10, thence run South 09'52'47" East along the South line of the Southwest 1/4 of said section 10 for a distance of 552.04 feet to the Point of Beginning of the parcel of land herein described: thence continue South 89'S2'47" East along the South line of the Southwest 1/4 of said Section 10 for a distance of 326.21 feet to a point on the Westerly right-of-way line of State Road No. 45 (C.R. 887, Formerly U.S. 41, Tamlaml Trail, a 150.00 foot right-of-way); thence run North 31'22130" East along said Westerly right-of-way line for a distance of 626.97 foot, thence run South 90.00100" West for a distance of 620.39 feet; thence run South 11-18037" East for a distance of 97.82 feetl thence run South 02-23.46" East for a distance of 134.53 feet; thence run South 20*01114" West for a distance of 138.74 feet; thence run South 03'09'37" West for a distance of 174.18 feet to the Point of Beginning, as recorded 1n Official Record Book 1221, Page 981. Rezoned from C-4, General Commercial Zoning District to C-3, Commercial Intermediate Zoning District subject to the following condition. (CEX-0I2-NN/A); a. The following uses are prohibited: Gasoline Service Station; Drive -In Restaurant; and Fast Food Restaurant. b. The property shall be developed as a Unified Plan of Development. This Plan shall be subject to review and approval by the Board of County Commissioners. For purposes of this condition, a Unified Plan of Development means a Preliminary Subdivision Plot (PSP) or, if the property is not subdivided, a Preliminary Site Development Plan (PSDP). The Unified Plan of Development shall be consistent with the provisions of the Land Development Code and, whether a PSP per Division 3.2 or a PSOP per Division 3.3, shall include: the location of all proposed access points and road rights -of -way; the proposed common architectural theme and controls; and the proposed landscape theme. seer (153,;o345 C. All buildings are limited to a maximum height of 35 feet. d. A landscape buffer shall be provided along the north property line meeting the requirements of Section 2.4.7.4, Alternative Be of the Land Development Code, except that the buffer area shall be 30 feet wide. e. The building setback from the north property line (abutting Nesdowbrook Estates PUD) shall be 200 feet. Change official Zoning Atlas Nap 08510S is. Legal Descriptions STRAP 1422513-002.000, further described as lying in Section 15, Township 48 South, Range 25 East, Collier County, Florida, the Northwest 1/4 of the Northwest 1/4, Nast of U.S. 41, less the right-of-way, as recorded in Official Record Book 1093, Page 2018. AND STRAP #482516-010.001, further described as lying in Section 16, Township 48 South, Range 25 Zest, Collier County, Florida, the North 1/2 of the Northeast 1/4, lass the North 268.54 feat, lass the portion Nast of U.S. 41, and less U.S. 41 right-of-way, as recorded in Official Record Book 1086, Page 1821. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-010-NN/A)s a. The following uses are prohibited: Gasoline Service Station; Drive -In Rsstaurant; and Pest Food Restaurant. h. "The°property shall be developed as a Unified Plan of Development. This Plan shall be subject to review f. and approval by the Board of County Commissioners. For purposes of this condition, a Unified Plan of Development means a Preliminary Subdivision Plat (PSP) or, if the property is not subdivided, a Preliminary Site Development Plan (PSDP). The Unified Plan of Development shall be consistent with the provisions of the Land Development Code and, whether a PSP per Division 3.2 or a PSDP per Division 3.3, shall includes the location of all proposed access points and road rights -of -ways the proposed common architectural theme and controls; and the proposed landscape theme. C. The subject property shall not be subdivided to create more than two ourparcels. That is, the property shall not be subdivided to create more than three lots or parcels. For purposes of this condition, an out -parcel is a parcel or tract of land under or designed to be under separate ownership and which otherwise meats the requirements of the C-4 zoning district, except to the extent said requirements are modified under a unified plan as contemplated by the Land Development Code. d. All buildings are limited to a maximum height of 40 feet. a. Building setbacks from adjacent road rights-cf-way shall be 75 feet for the southern 300 feet of the site. f. Building setbacks from adjacent road rights -of -way ' shall be 100 feat for the remainder of the site. V. g. A landscape buffer shall be provided adjacent to all road rights -of -way as required by Section 2.4.7.4, Alternative D, of the Land Development Code, except f:..: that the buffer area shall be 30 feet wide. or n53 PAv .345 messes ■� h. The subject property shall be limited in development to a maximum of 150,000 square feet of gross leasable floor area. Change Official Zoning Atlas Map (8515N and 48516H 19. Legal Description: STRAP 0482515-033.000 further described as lying in Section 15, Township 48 South, Range 25 East, Collier County, Florida, Commencing at the Southwest corner of Section 25, run North 89' East 15 feet, thence run North 200.03 feet, thence run North 89' East 600.09 feet, thence run North 541.38 feet, thence run South 89' west 600.00 feat, South to Point of Beginning, as Recorded in Official Record Book 1281, Page 1467. Rezoned from C-3, Commercial Intermediate Zoning District to C-3, Commercial Intermediate Zoning District subject to the following condition (CE%-016-NN): a. A landscape buffer shall be provided along the south property line in accordance with Section 2.4.7.4, Alternative C, of the Land Development Cade. Change Official Zoning Atlas Map 18515S 20. ragal Description: A portion of STRAP 1482516-001.000 further described as lying in Section 16, Township 48 South, Range 25 Best, Collier County, Florida, the North 268.54 feet of the Northeast 1/4 lying East of U.S. 41, lams the right-of-way, as recorded in Official Record Book 610, Page 1174. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions so as to allow development compatible with surrounding properties; a. The following uses are prohibited; Gasoline Service Station; Drive -In Restaurant; and Fast Food Restaurant. b. The property shall be developed as a Unified Plan of Development. This Plan shall be subject to review and approval by the Board of County Commissioners. For purpose. of this condition, a Unified Plan of Development means a Preliminary Subdivision Plat (PSP) or, if the property is not subdivided, a Preliminary Site Development Plan (PSDP). The Unified Plan of Development shall be consistent with the provisions of the Lend Development Code and, whether a PSP per Division 3.2 or a PS➢P per Division 3.3, shall include; the location of all proposed access point. and road rights -of -way; the proposed common architectural theme and control.; and the proposed landscape theme. C. The subject property shall not be subdivided to create more than two ourparcel.. That is, the property shall not be subdivided to create more than three lots or parcels. For purposes of this condition, an out -parcel in a parcel or tract of land under or designed to be under separate ownership and which otherwise meets the requirement. of the C-4 zoning district, except to the extent said requirements are modified under a unified plan as contemplated by the Land Development Code. d. All buildings are limited to a maximum height of 40 feet. e. A landscape buffer shall be provided adjacent to all road right. -of -way as required by Section 2.4.7.4, Alternative D, of the Land Development Code, except that the buffer area shall be 30 feet wide. too, C53 r;a 347 If access to the subject property is initially provided onto U.S. 41, the project development shall be designed such that U.S. 41 access can be eliminated or restricted and replaced or supplemented with an access onto future County Road 060 pursuant to a request by Collier County and/or the Florida Department of Transportation. The building setback from the North property line shall be 50 feet instead of the 25 feet required in the Land Development Code. The purpose for the additional 25 feet setback is for possible right-of-way for future County Road 660. The evaluation of right-of-way need may occur during Preliminary Subdivision Plat or Preliminary Site Development Plan review. Change official Zoning Atlas Map #8516N Legal Description: Portion of STRAP #482316-001.000 further described as lying in Section 16, Township 48 South, Range 25 East, Collier County, Florida, the North 268.54 fast of the Northeast 1/4 lying west of U.S. 41, less the right-of-way, as recorded in Official Record gook 610, Page 1174. Rezoned from RMF-6, Residential Multi -Family Zoning District to RSF-4, Residential Single Family Zoning District with a maximum density of 3 units per acre and with the requirement to interconnect with adjacent properties. Change Official Zoning Atlas Map #8516N Legal Description: STRAP #482526-002.000 further described as lying in Section 16, Township 48 South, Range 25 East, Collier County, Florida, the Northwest 1/4, less the Nest 50 -feet and'less the South 70-feet, as recorded in Official Record Book 610, page 1174. Rezoned from RSF-4, Residential Single Family Zoning District to RSF-4, Residential Single Family Zoning District subject to the following conditions (CEX-045-NN): a. Access must be provided on Vanderbilt Drive and Wiggins Pass Road. b. Interconnection with adjacent properties to the east must be provided when physically possible. Change Official Zoning Atlas Nap #8516N Legal Descriptions STRAP #482516-009.000 further described as lying in Section 16, Township 48 South, Range 25 East, Collier County, Florida, the Southwest 1/4 of the Northeast 1/4 as recorded in Official Record Book 1642, Page 2347. AND STRAP # 482516-010.000 further described as lying in Section 16, Township 48 South, Range 25 East, Collier County, Florida, the North 1/2 of the Northeast 2/4, less the North 268.54 feet, lose property described in Official Record Book 404, Page 504, less U.S. 41 right-of-way, and less that portion East of U.S. 41, as recorded in Official Record Book 1641, Page 2347. Rezoned from RMF-6, Residential Multi -Family Zoning District to RSF-4, Residential Single Family Zoning District with the requirement to interconnect with adjacent properties. change official Zoning Atlas Map 48516N 10 000r BUJ PAS:I s � i 24. Legal Description: STRAP f482517-001.000 further described as lying in Section 17, Township 48 South, Range 25 East, Collier County, Florida, the Northeast 1/4 of the Northeast 1/4 plus the North 1/2 of the Southeast 1/4 of the Northeast 1/4 plus the Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4, less the right-of-way, as recorded in Official Record Book 610, Page 1174. Rezoned from RSF-1 and RSP-1ST, Residential Single Family Zoning District and Residential Single Family Zoning District with Special Treatment Overlay, RMF-6 and RMF-6ST, Residential Multi -Family Zoning District and Residential Multi -Family Zoning District with Special Treatment Overlay, to RSF-1 and RSF-2ST, Residential Single Family Zoning District and Residential Single Family Zoning District with Special Treatment Overlay, and RMF-6 and RMF-6ST, Residential Multi -Family Zoning District and Residential Multi -Family Zoning District with Special Treatment Overlay, all with a maximum density of 1 unite per acre. Change Official Zoning Atlas Map 18517N 25. Legal Description: STRAP f462517-005.000 further described as lying in Section 17, Township 48 South, Range 25 East, Collier County, Florida, Mainland Government Lots 1, 2 and 1 lying East of Agreed Line In Official Record Book 68, Page 215, together with accretion attached thereto, plus the Southeast 1/4 of the Southeast 1/4, lees the East 50 feet and lea. the Northeast 1/4 of the Southeast 1/4 of the Southeast 2/4 and lase that portion of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 17, Township 48 South, Range 25 East, described as follows: From the Northeast corner of the Southeast corner of the Southeast 1/4 of the Southeast 1/4 of said Section 17 run South 89' West for 50 feet to Point of Beginning, thence run South 89' West for 186.65 to a point on Bulkhead Line as shown on plat thereof, recorded in Bulkhead Line Plat Book 1, Page 7 of the Public Records of Collier County, Florida, thence run South 41' West for 111.10 feet along said bulkhead, thence run East for 120 feet, thence run North 89' East 275.72 feet to a point on West right-of-way line and State Road (5-865A), thence run West 220 feet to the Point of Beginning, as recorded in Official Record Book 218, Page 91, as recorded in Official Record Book 610, Page 1174. Rezoned from RSF-1 and RSF-2ST, Residential Single Family Zoning District and Residential Single Family Zoning District with Special Treatment Overlay, and RMF-6ST, Residential Multi -Family Zoning District with Special Treatment Overlay, and RMF-12ST, Residential Multiple Family Zoning District with Special Treatment Overlay, and C-1, Commercial Professional Zoning District to RSF-1 and RSF-1ST, Residential Single Family Zoning District and Residential Single Family Zoning District with Special Treatment Overlay, and RMF-6 and RMF-6ST, Residential Multi -Family Zoning District and Residential Multi -Family Zoning District with Special Treatment Overlay, and RMF-12 and MP-12STResidential Multiple Family and Residential Multiple Family with Special Treatment overlay, all with a maximum density of 1 units per acre. Change Official Zoning Atlas Map f8517N and 18517S 11 fop fl53016 M 26. Legal Description: STRAP 1482520-002.000 further described as lying in Section 20, Township 48 South, Range 25 East, Collier County, Florida, Mainland Government Lots 10 2 and 0 lying East of Agreed Line in Official Record Book 68, Page 215, together with accretion attachad thereto, the East 1/2 of the Northeast 1/4 plus the East 1/2 of the Southeast 114, lase the East 50 feet and lose the South 90 feet, lase Baker Carroll Point, less Wiggins Pass Landings Unit 1, leas Wiggins Pass Landings Unit 1 Addition, and less property described in �Ifficial Record Book 542, Page 647, as recorded in Official FWn rd Book 610, Page 1174. Rezoned from RHF-6 and RMF-6ST, Residential Multi -Family Zoning District and Residential Multi -Family Zoning District with Special Treatment Overlay and RMF-12 and RMF-12ST, Residential Multiple Family Zoning District and Residential Multiple Family Zoning District with Special Treatment Overlay, and C-1 and C-1ST, Commercial Professional Zoning District and Commercial Professional Zoning District with Special Treatment Overlay to RMF-6 and RMF-6ST, Residential Multi -Family Zoning District and Residential Multi -Family Zoning District with Special Treatment Overlay, and MP-12 and RMF-125T, Residential Multiple Family and Residential Multiple Family with Special Treatment Overlay, all with a maximum density of 1 units per acre. Change Official Zoning Atlas Map 08520H 27. Legal Description: STRAP #482520-005.000 further described as lying in Section 20, Township 48 South, Range 25 East, Collier County, Florida, Beginning at the intersection of the North boundary of Wiggins Pass Landings Unit 1 and the mean high water line of the bay, run Northwesterly, Northerly and Northeasterly along said water line 2,920 feet to the right-of-way line of State Road 865A, thence run South 1,870 feet, thence run West 200 feet, thence run North 160.77 feet, thence run West 910 feet to Point of Beginning, as recorded in Official Record Book 610, Page 1174. Rezoned from RMF-6 and RMF-6ST, Residential Multi -Family Zoning District and Residential MUlt1-Family Zoning District with Special Treatment Overlay, and RMF-12ST, Residential Multiple Family Zoning District with Special Treatment Overlay, and MP-16 and RMF-16ST, Residential Multiple Family Zoning District and Residential Multiple Family Zoning District with Special Treatment Overlay to RMF-6 and RMF-6ST, Residential Multi -Family Zoning District and Residential Multi -Family Zoning District with Special Treatment Overlay, and RMF-12 and RMF-12ST, Residential Multiple Family and Residential Multiple Family with Special Treatment Overlay, all with a maximum density of 0 units per acre. Change Official Zoning Atlas Map 18520N and 185205 toot V530k61350 12 B nth Naolee Planninc community 1. Legal Description: Lot 27, Block A. Myrtle Cove Acres, Un t 1, according to the plat thereof, recorded in Plat 3 Book 3, Page 38 of the Public Records of Collier County, Florida. Rezoned frog C-4, General Commercial Zoning District to C-4, General Commercial Zoning District c,bj.ct to the following condition (CEE-023-SN): a. Principal structures shall be limltoll Lry three stories in height. Change official Zoning Atlas Map 10629S 2. legal Description: Lots 30, 31 and 32, Block B, Myrtle Cove Acre., Unit 1, according to the plat thereof, recorded in Plat Book 3, Page 38 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEE-007-SN): a. Principal structure. shall be limited to three stories in height. b. The subject property (all 3 lots combined) shall be served with one single access point onto U.S. 41 East, subject to FOOT and Collier County Transportation Services approval.. Change Official Zoning Atlas Map iD629S '- 3. legal Description: Lots 20 and 21, Block C, Myrtle Cove Acres, Unit 1, according to the plat thereof, recorded in Plat Book 3, Page 38 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEE-010-SN): a. Principal structures shall be limited to three stories in height. b. The subject property (both lots combined) shall be served with one single access point onto U.S. 41 East, subject to FOOT and Collier County Transportation Services approvals. Change Official Zoning Atlas Map 10629S 4. Legal Description: Lots 22 and 23, Block C, Myrtle Cove Acres, Unit 1, according to the plat thereof, recorded in Plat Book 3, Page 38 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following condition so as to allow development compatible with surrounding properties: a. The subject property (both lots combined) shall be served with one single access point onto U.S. 41 East, subject to FDOT and Collier County Transportation Services approvals. Change Official Zoning Atlas Map 406295 13 soak MPAU351 5. Legal Descriptions Lots 1-3, Block D, Myrtle Cove Acres, Unit 1, according to the plat thereof, recorded in Plat Book 3, Page 38 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following condition so as to allow development compatible with surrounding properties: a. The subject property (all 3 lots combined) shall be served with one single access point onto U.S. 41 East, subject to FDOT and Collier County Transportation Services approvals. Change Official Zoning Atlas Map #06293 S. Legal Description: Lots 1, 2, 3, 4, and 5, Block One, Naples Manor Unit No. 1, as recorded in Plat Book 3, Page 57, of the Public Records of Collier County, Florida, less and except part of Lots 1 and 2 described as follows: Beginning at the intersection of the Northeasterly right-cf-way line of U.S. 41 with the Southeasterly line of Dixie Drive, said corner being the Southwesterly corner of Lot 1, Block One, Naples Manor Unit No. 1 as recorded in Plat Book 3, Page 57 of the Public Records of Collier County, Florida; thence along the Southeasterly line of Dixie Drive, crossing a 25 foot wide Florida Power i Light Cols. utility easement North 500-53'-40" East 25.0 feetl thence continuing North 50'-53'-40" East 140.0 feet; thence South 390-060-20" East and parallel to Floridan .—Avenue- i60.63-feet; thence South- 501-531-400 West- and parallel to Dixie Drive 165.0 feat to the Northeasterly right-of-way line of U.S. 41; thence along said right-of-way line North 39'-06'-20" West 160.63 feet to the Point of Beginning. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-003-SN)s a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code (Ordinance 91-102) b. Principal structures shall be limited to three stories in height. C. The subject property (all lots combined) shall only be served with one single access onto U.S. 41 East. d.' Access onto Floridan Avenue is prohibited. Change Official Zoning Atlas Map #0629N 7. Legal Description: Lots 1-4, Block 2, Naples Manor, Unit 1, according to the plat thereof, recorded in Plat Book 3, Page 57 of the Public Records of Collier County, Florida AND STRAP #502630-002.002 more particularly described as follows: Commencing at the Northwest corner of Section 29, Township 50 South, Range 26 East, Collier county, Florida; thence run South 02'48810" West along the Westerly line of said Section 29 for 268.54 feet to the POINT OF BEGINNING: thence South 89*36100" East for 24.87 feet; thence South 02'48410" West for 432.49 feet to the Westerly Right -of -Way of Dixie Drive; thence South 50*571300 West along said line for 24.29 feet to the Northerly Right -of -Way of the Tamiami Trail; thence North 14 eooc n.r)3r,,,352 19-00130" Neat for 117.90 feet; thence North SV S6'00" East for 291.69 feet to the POINT OF BEGINNING as recorded in Official Record Book 1017, Page 1027. Rezoned from C-4, General Commercial Zoning District to C-41 General Commercial Zoning District subject to the following conditions (CEX-014-SN/A): a. No structures are permitted on Lot 4 or on the East 1/2 of Iot 2. b. A landscape buffer shall be provided along the north side of Lot 4 in accordance with Section 2.4.7. Alternative B, of the Collier County Land Development Code, except that the buffer shall be 25 feet wide. c. Building. are limited in height to two (2) stories not to exceed 05 feet. d. A landscape buffer shall be provided along Dixie Drive in accordance with Section 2.4.7, Alternative D, of the Collier County Land Development Code, except that the buffer shall be 15 feet wide. e. Access to the subject property is restricted to U.S. 41 via the adjacent parcel to the west under the same ownership. f. The subject property, in conjunction with Parcel& "A" and "B" described below which are currently under the same ownership as the subject property, shall be submitted and reviewed for development under a Unified Plan of Development (Site Development Plan). g. The (first floor) building footprint(s) for the subject property is limited to a maximum of 16,000 square feet. Change Official Zoning Atlas Map +0629N and i 0610 e. Legal. Description: Iota 1. and 2, Block 1, Naples Manor _. Addition, according to the plat thereof, recorded in Plat Book 1, Pages 67-68 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (cEX-016-SN): e. Shared access shall be provided between the lots with one access point to U.S. 41, and a deceleration lane, if possible, may be required, subject to the approval. of FOOT and the County Transportation Services Department. b. Principal structures shall be limited to three stories in height. c. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. d. Access onto Floridan Avenue is prohibited. Change Official Zoning Atlas Map i0629S Legal Description: Lot. 10, 11 and 12, Block 1, Naples Manor Annex, according to the plat thereof, recorded in Plat Book 1, Page 110 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-012-SN): a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with 15 too n53rxu= Section 2.4.7.4, Alternative B, of the Land Development Code. b. Principal structures shall be limited to three stories in height. a. The subject property (all lots combined) shall only be served with one single access onto U.S. 41 East. d. Access onto Floridan Avenue is prohibited. Change official Zoning Atlas Map #0629N 10. Legal Description: Lots 3 4, 5 and 6, block 1, Naples Manor Lakes, according to the plat thereof, recorded in Plat Book 2, Pages 86-87 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-019-SN, CEX-020-SN, CEX-2I-SN, and CEX-022-SN): a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. b. Principal structures shall be limited to three stories in height. c. The subject property (lots 3-6 combined) shall only be served with one single access onto U.S. 41 East. d. Access onto Floridan Avenue is prohibited. Change official Zoning Atlas Map 00629E #' 11. Legal Description: STRAP #302616-055.000 further described as,iyinq AD Section 16, TQwnship.,50 South,: Range. 26 8ait, Collie= County, Florida, the west 65 feet of the East 325 feet of the West 520 feet of the West 1/2 of the North 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, less the right-cf-way described in official ' Record Book 780, Page 122, as recorded in official Record Book 614, Page 1054 . Rezoned from RNF-6, Residential Multi -Family Zoning District to RSF-3, Residential Single Family Zoning s• District. Change official Zoning Atlas Map #0616S 12. Legal Descriptions STRAP #502616-064.000 further described as lying in Section 16, Township 50 South, Range 26'East, Collier County, Florida, the East 130 feet of the South 2/2 of the North 2/2 of the Southwest 1/4 of the Southeast 1/4, less the North 30 feet for right-of-way, as recorded in Official Record Book 1118, Page 832. Rezoned from RMF-6, Residential Multi -Family Zoning District to RSF-3, Residential Single Family Zoning 4; District. Change official Zoning Atlas Nap #0616S 13. Legal Description: STRAP 1502616-110.000 further described as lying in Section 16, Township 50 South, Range 26 East, Collier County, Florida, the East 65 feet of the West 195 feet of the North 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, less the South 30 feet for right-of-way, as recorded in Official Record Book 608, Page 219. 26 eon n53PRGC354 Rezoned from RNF-6, Residential Multi -Family Zoning District to RSF-3, Residential Single Family Zoning District. Change Official Zoning Atlas Map 106165 14. Legal Description: STRAP 1502616-118.000 further described as lying in Section 16, Township 50 South, Range 26 East, Collier County, Florida, the West 195 feet of the South 1/2 of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, less the North 30 feet, an recorded in Official Record Book 1696, Page 1666. Rezoned from RMF-6, Residential Multi -Family Zoning District to. RSF-3, Residential Single Family Zoning District. Change Official Zoning Atlas Map 106165 15. Legal Description: STRAP 4502617-014.000 further described as lying in Section 17, Township 50 South, Range 26 East, Collier County, Florida, the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4, leas the South 30 feet, as recorded In Official Record Book 932, Page 1425. Rezoned from RMF-6, Residential Multi -Family Zoning District to RMF-6, Residential Multi -Family Zoning District with a maximum density of 3 units per acre. 16. Change Official Zoning Atlas Map 10617N Legal Description: STRAP 4502617-024.000 further _. described am lying in Section 17, Township 50 South, Range 26 East, Collier County, Florida, the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4, less the North 30 feet for right-of-way, an recorded in Official Record Book 868, Page 1273, Rezoned from RMF-6, Residential Multi -Family Zoning District to RMF-6, Residential Multi -Family Zoning District with a maximum density of 3 unite per acre. Change Official Zoning Atlas Map 10617H 17. Legal Description: STRAP 1502633-003.003 further described as lying in Section 33, Township 5O South, Range 26 East, Coll isr County, Florida, commence at the Southeast corner of Section 33, thence run North 89' West 218.47 feet, the-ce run North 54' West 320 feet to Point of beginning, co0`inue Northwesterly 240.29 feet, thence run South 35' West 400 feet, thence run Easterly along the Section line 328 feet, thence run North 43.12 feet, thence run North 35' East 175.57 feet to the Point of Beginning, as recorded in Official Record Book 915, Page 322. Rezoned from C-3, Commercial Intermediate Zoning District, to C-3, Commercial Intermediate Zoning District subject to the following condition (CEE-018-SN): A. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for shared access with the adjoining development to the west - ao an to limit the number of access points on U.S. 41. Change Official Zoning Atlas Map 106335 27 6aa: n53w4l")5 18. Legal Description: STRAP 1502633-007.000, further described as lyinq in Section 33, Township 50 South, Range 26 East, Collier County, Florida, commencing at the Southwest corner of Section 330 run North 20 East along the west Section line 1,321.37 feet, thence run East 2,438.42 feet, thence run North 540 West 590.48 feet to Point of Beginning, thence continue North 54' west 200 feet, thence run North 35' East 400 feet to the South right-of-way line of U.S. 41, thence run South 54• East along the right-of-way line 200 feet, thence run South 350 west 400 feet to Point of Beginning, as recorded in Official Record Book 1275, Page 2263. Rezoned from C-3, Commercial Intermediate Zoning District, to C-3, Commercial Intermediate Zoning District subject to the following condition (CEX-042-SN): a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for shared access with the f adjoining development to the west - so as to limit the number of access points on U.S. 41. Change Official Zoning Atlas Kap {0633S 29. Legal Description: STRAP #502633-008.000 further described .� as lying in Section 33, Township 50 South, Range 26 East, Collier County, Florida, commence at the Southwest corner of Section 33 and run North 2' East 1,322.37 feet, thence run East 2436.42 feet, thence run North 540 west 790.49 feet to the Point of Beginning, continue North 541 west 200 feet, thence run 350 East 400 feet to the South right-of-way line of U.S. 41, thence run 54• East along the right-of-way line 200 feet, thence run South 35' west 400 feet to the Point of Beginning, as.recorded in•Official Record Book 1213, Page 1106. Rezoned from C-3, Commercial Intermediate Zoning District, to C-3, Commercial Intermediate Zoning District subject to the following condition (CEX-017-SN): .a a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for shared access with the adjoining development to the east - so as to limit the number of access points on U.S. 42. Change Official Zoning Atlas Map i0633S 20. Legal Description: STRAP #502633-010.000 further described as lying in Section 33, Township 50 South, Range 26 East, Collier County, Florida, commence at the Southwest corner of Section 33, thence run North 2' East 1,321.37 feat, thence run East 2438.42 feet, thence run South 54• East 109.52 feet to the Point of Beginning, thence run North 35' East 400 feet to the Southerly right-of-way line of State Road 90 (U.S. 41), thence run 54• East 300 feet, thence run South 350 west 400 feet, thence run North 540 Hest 300 feet to the Point of Beginning, as recorded in Official Record Book 523, Page 210. Rezoned from C-3, Commercial Intermediate Zoning District, to C-3, Commercial Intermediate Zoning District subject to the following condition (CEX-043-SN): a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for access from the adjacent 60 18 boor n53 Pitt 356 foot right-of-way easement - so as to limit the number of access paints on V.S. 41. Zoning Atlas Map 106335 Legal Description: STRAP 4502633-020.001 further described as lying in Section 33, Township 50 South, Range 26 East, Collier County, Florida, commence at the Southwest corner of Section 33, thence run North 1321.37 feat, thence run East 2,438.42 feet to the Point of Beginning, thence run North 54' West 90.48 feet, thence run North 35' East 400 feet to the Southerly right-of-way line of State Road 90 (U. S. 41), thence run South 54' East 200 feet, thence run South 35' West 400 feet, thence run North 54' West 109.52 feet to the Point of Beginning, as recorded in Official Record Book 1089, Page 984. Rezoned from C-3, Commercial Intermediate Zoning District to C-3, Commercial Intermediate Zoning District subject to the following condition (CEE-004-SN)! a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for shared access the adjoining development to the West - so an to limit the number of access points on U.S. 41. Legal Description: as Lying in Sectio Collier County, F1 Section 33, thence Southwesterly rlgh 54' West 466.95 fe to the Point of Be feet, thence run S 35' East 400 feet, Paint of Beginning Page 1192. Atlas Map 10633S STRAP f5G2633-012.000 further described 33, Township 50 South, Range 26 East, ride, commence at the Southeast corner of run North 89' West 216.47 feet to the -of-way line of U.S. 41, thence run North t, thence run North 54' West 1,893.34 feet inning, thence run South 35' West 400 uth 54' East 400 feet, thence run North thence run North 54' West 400 feet to the ae recorded in Official Record Book 1553, Rezoned from C-3, Commercial Intermediate Zoning District, to C-3, Commercial Intermediate Zoning District subject to the following condition (CEE-013-SN): a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for primary access from the adjacent 60 foot right-of-way easement - so as to limit the number of access points on U.S. 41. Zoning Atlas Map 106339 Legal Description: STRAP 4502633-012.001 further described as lying in Section 33, Township 50 South, Range 26 East, Collier County, Florida, commence at the Southeast corner of Section 33, thence run West 218.47 feet to the Southwesterly right-of-way line of Tamlami Trail (U.S. 41), thence run North 54' West 466.95 feet, thence continue North 54' West 493.34 feet to the Point of Beginning, thence run South 35' West 400 feet, thence South 54' East 400 feet, thence run North 35' East 400 feet to the Trail right-of-way line, thence run North 54' West 400 feet to the Point of Beginning, as recorded in Official Record Book 1271, Page 1198. tot( V•53YAU357 Rezoned from C-3, Commercial Intermediate Zoning District, to C-3, Commercial Intermediate Zoning District subject to the following condition (CEX-001-SN): a. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provision. for shared access with the adjoining development to the east - so as to limit the number of access points on U.S. 41. Change official Zoning Atlas Map 10633S 24. Legal Description: STRAP 1502633-015.000 further described as lying in Section 33, Township 50 South, Range 26 Eaet, Collier County, Florida, commence at the Southwest corner of Section 33, thence run North 2' East 1,321.37 feet, thence run South 89' East 2,438.42 feet, thence run North 54' West 90.49 feet to the Point of Beginning, thence continue North 54' Nest 500 feet, thence run North 35' East 400 feet to the South right-of-way line of U.S. 41, thence run South 54' East 500 feet, thence run South 354 Neat 400 feet to Point of Beginning, ae recorded in Official Record Book 1240, Pages 2135-36 . Rezoned from C-3, Commercial Intermediate Zoning District, to C-3, Commercial Intetmediate Zoning District subject to the following condition (CEX-002-SN): e. Access to the subject property shall be provided from a frontage road or the owner of the subject property shall make provisions for shared access with the adjoining development to the east - so as to limit the number of access points on U.S. 41. Change Official Zoning Atlas Map 10633E 25. Legal Description: STRAP 1512603-005.002 further described as lying In Sections 3 and 10, Township 51 South, Range 26 East, Collier County, Florida, commence at the southwest corner of Section 3 and run East 840.76 feet to the Point of Beginning, thence run North 10' East 240 feet, thence run South 79' East 40 feet, thence run North 10' East 57.04 feet thence run North 77' East 471.35 feet to the Westerly right-of-way line of S.R. 951, thence run South 395.65 feat to the South line of said Section 3, thence continue South 256.82 feet, thence run North 67' West 30 feet, thence run South 2' West 132.10 feet to the centerline of County Drainage Easement, according to an Instrument recorded in Official Record Book 76, Page 127 of the Public Records of Collier County, Florida, thence run southwesterly 620 feet more or lesa, along said centerline of easement, thence run North 2' East 750 feet to the Point of Beginning, lase proposed realignment of S.R. 951 recorded in Official Record Book 1200, Page 1258, ae recorded in Official Record Book 169, Pages 523-24. Rezoned from C-3, Commercial Intermediate Zoning District to C-3, Commercial Intermediate Zoning District subject to the following conditions (CEX-0I5-SN): a. All structures are limited to a maximum height of 30 feet. b. All parking lot/security lights shall be oriented so as not to produce direct glare onto adjacent non-commercial zoned properties. C. The main access shall be by private roadway from Tower Road. The intersection centerline of said 20 eaB+ V51„61358 roadway shall be at least 300 feet west of the westerly right-of-way line of S.R. 951. d. A secondary access from Tower Road would be approved subject to the following additional conditions and restrictions: 1" 1) The centerline of the access must be at least 150 i' feet vest of the westerly right -of -ray line of S.R. 951. f 2) The secondary access shall be limited to an exit only unless Tower Road is rebuilt to accommodate a left turn in at the primary access along with an additional through lane. If such additional lanes 7 are constructed, a positive median barrier shall be incorporated into the design much that the secondary access will be a right-in/right-out only. a. Access to or from S.R. 951 shall be subject to Florida Department of Transportation approval and permitting. Such access shall be limited to right-in/right-out with (,! additional compensating right-of-way, if so required by LFDOT, dedicated for the right turn lane and for drainage relocations. f. Any and all outparcels shall be served by internal access only, except as provided in item fe above. >r' g. A 20 feet setback shall be provided from Tower Road, in which no vehicle use areas or structures are permitted, for possible future right-of-way or access easement. Landscape buffer shall be provided as required in Section 2.4.7 of the Land Development Code. The entire buffer area and plantings, as required by the LDC, must remain intact outside of the right-of-way setback area. h. The property owner/developer shall make a fair share contribution towards the cost of signalization at the intersection of Tower Read and S.R. 951 if and when signalizatlon. is required. The signal shall be owned ' and operated by Collier County. i. The property owner/developer shall make a fair share . contribution towards the cost of providing a turn lane(B) on S.R. 951 at its intersection with Tower Road if and when a turn lane(s) is required. is J. The property owner/developer shall make a fair share !. contribution towards the cost of providing a bike path/sidewalk on S.R. 951 and Tower Road if and when a ; bike path(.)/eidewalk(s) is required. Change Official Zoning Atlas Nap 11603S and 1161ON 26. Legal Description: STRAP f512610-004.000 further described as lying In Section 10, Township 51 South, Range 26East, Collier County, Florida, begin at the Northwest corner of Section 10, thence run East 412.5 feet to the Point of Beginning, continue East along the North line of said Section 428 feet more or less to Tide Creek, thence run Southerly along with Tide Creek 730 feet more or less to the North bank of Henderson Creek, thence run Southwesterly along the North bank of Henderson Creek to a point directly South of the Point of Beginning, thence run North 1,096 feet more or less to the Point of Beginning, lees existing road rights-of-vay, as recorded in official Record Book 648, Page 81. Rezoned from C-3 and C-3ST, Commercial Intermediate Zoning District and Commercial Intermediate Zoning District with Special Treatment Overlay to C-3 and C-3ST, Commercial Intermediate Zoning District and Commercial Intermediate Zoning District with Special Treatment overlay subject to the following conditions (CEX-026-SN/A): 21 aw MnA59 A. The following C-3 uses have a 130 feet setback from the westerly property line abutting A, Rural Agricultural zoned property: gasoline service stationt convenience food storat and fast food restaurant. b. All structures are limited to a maximum height of 35 feet. C. All parking lot/security lights shall be oriented so as not to produce direct glare onto adjacent non-commercial zoned properties. d. The setback from the west property line abutting A, Rural Agricultural zoned property shall be a minimum of 50 feet. e. A landscape buffer shall be provided along the west property line abutting A, Rural Agricultural zoned property in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. Existing native vegetation can be utilized in meeting this requirement as provided for in the Code. f. Only one access point is allowed on Tower Road. q. Any and all outparcels shall be served by internal access only. h. A 20 foot setback shall be provided from Tower Road, in which no vehicle use areas or structures are permitted, for possible future right-of-way or access easement. Landscape buffer shall be provided as required in Section 2.4.7 of the Land Development Code. The entire buffer area and plantings, as required by the Land Development Code, must remain intact outside of the right-of-way setback area. L. The property owner/developer shall make a fair share contribution towards the cost of signalization at the intersection of Tower Road and S.R. 951 if and when signalization is'required. The signal shall be owned and operated by Collier County. J. The property owner/developer shall make a fair share contribution towards the cost of providing a turn lane(s) on S.R. 951 at its intersection with Tower Road if and when a turn lane(&) is required. k. The property owner/developer shall make a fair share contribution towards the cost of providing a bike path/sidewalk on Tower Road if and when a bike path/sidewalk is required. Change Official zoning Atlas Map #1610N 27. Legal Description: STRAP #512610-008.000 further described as lying in Section 10, Township 51 South, Rage 26 East, Collier County, Florida, Beginning 1,089 feet East and 906 feet North of the Southwest 1/4 corner of the Northwest 1/4, thence run East 280.5 feet, thence run North 1,651.5 feet to the South bank of Henderson Creek, thence run Southwesterly along the bank to a point North of the Point of Beginning, thence run South 1,272 feet to the Point of Beginning, less the South 700 feet, as recorded in Official Record Book 1383, Pages 293-294. AND STRAP # 512610-009.000 further described as lying in Section 10, Township 51 South, Range 26 East, Collier County, Florida, commence 1,089 feet East of the West 1/4 corner and run Northerly 30.01 loot to the Point of Beginning, then continue Northerly 876 feet, thence run Easterly 9.38 feet, thence run Southerly 146 feet, thence run Easterly 271.12 feet to the Westerly right-of-way line of State Road 951, thence run Southerly along the Westerly right-of-way 730.18 feet, thence Westerly 280.5 feet to the Point of Beginning, as recorded in Official Record Book 1383, Pages 293-294. 22 soot f153►AGI360 AND STRAP i512610-030.000 further described ae lying in Section 10, Township 51 South, Range 26 East, Collier County, Florida, commence 1,089 feet East of the West 1/4 corner, thence run North 30 feet to the Point of Beginning, continue Northerly 876 feet, thence run Easterly 9.38 feet, thence run Northerly 99.98 feet, thence run Westerly 8.54 feet, thence run Northerly 200 feet, thence run Easterly to the Southerly easement line of 100 foot drainage canal described in Official Record Book 67, Page 526, thence run Westerly along the Southerly easement line 293.74 feet, thence run Southerly to the Point of Beginning, as recorded in Official Record Book 1383, Pages 293-294. Rezoned from C-4, General Commercial Zoning District to C-3, Commercial Intermediate Zoning District subject to the following conditions (CEX-033-SN): a. All structures are limited to a maximum height of 30 feet. b. All parking lot/maturity lights shall be oriented so as not to produce glare onto adjacent non-commercial zoned properties. o. The setback from the rear (vest) property line (abutting property currently zoned A, Rural Agricultural) shall be a minimum of 50 feet. d. A landscape buffer shall be provided along the vast property line in accordance with Section 2.4.7.4, Alternative C, of the Land Development Code. Change Official Zoning Atlas Map 016ION 28. Legal Description: STRAP i512610-011.002 further described as lying In Section 10, Township 51 South, Range 26 East, Collier County, Florida, the North 1/2 of the North 1/2 of the Southwest 1/4, lying West of State Road 951, lees the proposed realignment of State Road 951, as recorded in Official Record Book 185, Page 925. Rezoned from TTEVC, Travel Trailer -Recreational Vehicle Campground Zoning District and C-4, General Commercial Zoning District to TTRVC, Travel Trailer -Recreational Vehicle Campground Zoning District. Change Official Zoning Atlas Map 01610S 6004 M P:Q 361 23 1. Legal Descriptions Lots 5-9, Col -Lea -Co Terrace, according to the plat thereof, recorded in Plat Book 1, Page 32 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following condition (CEX-008-EN): a. Building heights are limited to a maximum of 35 feet. Change Official Zoning Atlas Map 10511N 2. Iagal Description: Lots 20-30, Col -Len -Co Terrace, according to the plat thereof, recorded in Plat Book 11 Page 32 of the Public Record. of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following condition (CEX-009-EN): a. The subject lots (all lots combined) shall be planned for development under one Site Development Plan (SUP) with any access to U.S. 41 subject to approval by Collier County Transportation Services and the Florida Department of Transportation. Any access off of Faderick Street a. part of the SDP shall be subject to approval by Transportation Services. Change official Zoning Atlas Map 10511H 3. Legal Description: Lots 31-34, Col -Ise -Co Terrace, according to the plat thereof, recorded in Plat Book 1, Page 32 of the public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following condition (CEX-030-EN): a. The subject lots (all 4 lots combined) shall be planned for development under one Site Development Plan (SOP) with any access to U.S. 41 subject to approval by Collier County Transportation Services and the Florida Department of Transportation. My access off of Faderick Street as part of the SDP shall be subject to approval by Transportation Services. Change official Zoning Atlas Map 00511N 4. Legal Description: Lots 1-4, Demers landing, according to the plat thereof, recorded in Plat Book 4, Page 14 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following condition. (CEX-019-EN): 24 coo. r53'w.62 a. Principal structures shall be limited to a maximum height of 3 stories. b. The subject lot. (all 4 lots combined) shall only be served by a single access from Bayshore Drive, no less than 100 fast from the southern right-of-way line of the intersection of Becca Avenue and Bayshore Drive. Change Official Zoning Atlas Map 10511S 5. Legal Description: Lot 5, Demere Lending, according to the plat thereof, recorded in Plat Book 4, Page 14 of the Public R... rd. of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-016-EN): a. Principal structures shall be limited to a maximum height of 3 stories. b. The subject property shall be permitted a single access on Becca Avenue. However, if the subject property I. combined with Lots 1-4 to the south as a unified plan, then access shall be limited to a single point on Bayshore Drive no lees than 180 feet from the southern right-of-way line of the Intersection of Dacca Avenue and Bayshore Drive. Change Official Zoning Atlas Map 4O511S 6. Legal Description: Lot 1, Jonesville, according to the plat thereof, recorded In Plat Book 4, Page 41 of the Public Records of Collier County, Florida. Rezoned from C-5, Heavy Commercial Zoning District to C-3, Commercial Intermediate Zoning District so as to allow development compatible with surrounding properties (CEX-023-EM). Change Official Zoning Atlas Map 10523H 7. Legal Description: Lots 1-37, 41, 45 and 46, Linda Park, according to the plat thereof, recorded in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. Rezoned from RMF-6, Residential Multi -Family Zoning District to RSF-6, Residential Single Family Zoning District so as to allow development compatible with surrounding properties. Change Official Zoning Atlas Map 40514N B. Legal Description: Lot 68, Naples Grove and Truck Company's Little Pam. 42, according to the plat thereof, recorded 1n Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from RMF-6, Residential Multi -Family Zoning District to RSF-3, Residential Single Family Zoning District. Change official Zoning Atlas Map 405235 9. Legal Description: Lots 74 and 75, Naples Grove and Truck Company's Little Farms 42, according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. 25 600P c53 PAU 363 Rezoned from RMF-6, Residential Multi -family Zoning District to RSF-3, Residential Single Family Zoning District. Change Official Zoning Atlas Map 105235 10. legal Description: Lot 95, Naples Grove and Truck Company's Little Farm. 02, a ... rdinq to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from RMF-6, Residential Multi -Family Zoning District to RSF-4, Residential Single Family Zoning District with a maximum density of 3 unite per acre. Change Official Zoning Atlas Map 10523H 11. Legal Description: Lot 103, Maple. Grove and Truck Company's Little Parse 12, less the East 1,110 feet, according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Record. of Collier County, Florida. Rezoned from RSF-3, Residential Single Family Zoning District to RMF-6, Residential Multi -Family Zoning District so as to allow development compatible with surrounding properties. Change Official Zoning Atlas Map 105143 12. Legal Description: Lots 205 and 106, Naples Grove and Truck Company's Little Farms 02, according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District and RMP-6, Residential Multi -Family Zoning Cistrict to RM7-6, Residential Multi -Family Zoning District with a maximum density of 3 units per acre. Change Official Zoning Atlas Map i0514S 13. Legal Description: A parcel of land being a portion of Lot 308, Naples Grove and Truck Company's Little Parma 12 (Parcels 108.1 and 108.2), according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida, being more particularly described as the North 273.44 feet of the Nest 425 feet of Lot 108, less Kelly Road right-of-way. Rezoned from C-4, General Commercial Zoning District, and MR, Mobile Nome Zoning District to C-2, Convenience Commercial Zoning District, and MR, Mobile Home Zoning District subject to the following conditions (CEX-003-EN): a. The subject property shall be limited to a single access along the southern boundary of the property abutting the vacated Kelly Court. No additional access points shall be permitted onto Bayshore Drive. Change Official Zoning Atlas Map 105145 14. Legal Description: A parcel of land being a portion of Lot 109, Naples Grove and Truck Company's Little Farm. 12, (Parcel 109.1), according to the plat thereof, recorded in Plat Book 1, Page 23A of the Public Records of Collier County, Florida, being more particularly described as the 26 Boor P53r1,13G4 West 425 feet of Lot 109, lees the East 200 fact, as recorded In Official Record Book 1561, Page 1401. Rezoned from C-4, General Commercial Zoning District, and HH, Mobile Home Zoning District to C-2, Convenience Co®arclal Zoning District, and MH, Mobile Home Zoning District so as to allow development compatible with surrounding properties. Change Official Zoning Atlas Map 10514S 15. Legal Description: The North 400 feet of Lot 124, Naples Grove and Truck Company's Little Fame 12, according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from C-1, Commercial Intermediate Zoning District to C-1, Commercial Intermediate Zoning District subject to the following condition (CEX-030-EN): a. All structures are limited to a maximum height of two (2) stories. Change Official Zoning Atlas Map 10511N and 10511E 16. Legal Description: The North 541.3 feet of the East 227.5 fast of Lot 125, Naples Grove and Truck Company's Little Fame 12, as recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from C-0, Commercial Intermediate Zoning District to C-1/T, Commercial Professional/Transitional Zoning District subject to the following conditions (CEX-001-EN/A): a. All structures shall be limited to a maximum height of two stories - including underbullding parking. b. The subject property shall be limited to office uses only. C. The access road to verve the subject property shall be located along the west boundary of the its. Change Official Zoning Atlas Map 10511H and 10511E 17. Legal Description: A portion of Lot 125, Naples Grove and Truck Company's Little Fame 12, as recorded In Plat Book 1, Page 27A of the Public Records of Collier County, Florida more particularly described as follows: Begin at the Northwest corner of Lot 125 of Naples Grove and Truck Company's Little Fatme No. 2 as recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida! thence run Southerly along the westerly line of said Lot 125, for a distance of 671.10 feetr thence run Easterly, parallel with the Northerly line of said Lot 125, for a distance of 277.50 feet to the Easterly line of said Lot 125; thence run Northerly along the Easterly line of said Lot 125, for a distance of 130.00 feet, thence run westerly, parallel with the Northerly line of said Lot 125, for a distance of 227.50 feett thence run Northerly, parallel with the Easterly line of said Lot 125; thence run westerly along the Northerly line of said Lot 125, for a distance 541.00 feet to a point on the Northerly line of said Lot 125, for a distance of 50.0 feet to the Point of Beginning, containing 1.44 acres, more or lees. Rezoned from C-1, Commercial Intermediate Zoning District to RMF-6, Residential Multi -Family Zoning District subject to the following conditions (CEX-001-EN/A): 27 60tt r-53 F141365 a. All structures shall be limited to a maximum height of two stories - including underbuilding parking- b. A landscape buffer shall be provided along the west property line in accordance with Section 2.4.7, Alternative B, of the Collier County Land Development Code, except that the buffer shall be 25 feet in width. Change Official Zoning Atlas Map # 0511N and 00512S le. Legal Descriptions Lots 147-153, Naples Grove and Truck Company's Little Farms #2, less the South 75 feet, according to the plat thereof, recorded in Plat Book 1, Page 27A of the Public Records of Collier County, Florida. Rezoned from RMF-6, Residential Multi -Family Zoning District to RMF-6, Residential Multi -Family Zoning District with a maximum density of 3 units per acre. Change Official Zoning Atlas Map #0501S 19. Legal Description: STRAP #502502-014.000 further described as lying in $action 2, Township 50 South, Range 25 East Collier County, Florida, the Southwest 1/4 of the Southwest 2/4 of the Southwest 1/4, less the highway, and lass property described in Official Record Book 453, gage 550 and Official Record Book 553, Page 9, as recorded in Official Record Book 630, Page 1693. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following condition (CEX-015-EN)s a. A landscape buffer shall be provided along the north property line of the northernmost parcel in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. Change official Zoning Atlas Map #0502S 20. Legal Descriptions STRAP # 502512-010.000 and further described as: Parcel one - The East -halt (E-1/2) of the following described lands situate, lying and being in the West -half of Section 12, Township 5o South, Range 25 East, of Collier County, State of Florida: From the Southwest corner of Section 12, run North 0.18130" Vast in the West line of Section 12 a distance of 2506.24 feet; thence run North 890421100 East a distance of 70.0 feet to East right-of-way line of State Road #S-858 and the POINT OF BEGINNING of this descriptions Thence run North 890411109 East a distance of 1320 feet; thence run North 0*18150" West a distance of 330 feet; thence run South 89'41110" West a distance of 1320 feet to East right-of-way line of State Road 15-858; thence run South 0.10150" Bast a distance of 330 feet to the POINT OF BEGINNING. Parcel Two - The following described lands lying, situate and being in the Wast-half of Section 12, Township 50 South, Range 25 East, Collier County, State of Florida: From the Southwest corner of ;action 12, run North 0018/500 West in the West line of Section 12 a distance of 2936.24 feet; thence run North 89'41010" East a distance of 70.0 feet to East right-of-way line of State Road #S-858 and the POINT OF BEGINNING of this description: Thence run North 89.411100 East a distance of 1320 feet; thence run North 0*28150" West a distance of 330 feat; thence run South 89.41110" West a distance of 1320 feet to East right-of-way line of State Road #S-858; thence run South 0/18/500 East a distance Of 330 feat to the POINT OF BEGINNING. Parcel Three - The following described lands 28 top R53 FI '66 situate, lying and being in the Neat -half of Section 12, Township SO South, Range 25 East, of Collier County, State of Florida: From the southwest corner of Section 12, run North 0.18150^ Neat in the Neat line of Section 12 a distance of 3166.24 feat; thence run North 89'41110" East a distance of 70.0 feet to East sight -of -way line of State Road )S-858 and the POINT OF BEGINNING of this description: Thence run North 89-4VIO" East a distance of 1320 feat; thence run North 0.19150" Nest a distance of 330 feet; tnence run South 89'91110" Neat a distance of 1320 feet to East right-of-way line of State Road fS-858; thence run South 0-18350H East a distance of 330 feet to the POINT OF BEGINNING, am recorded In Official Record Book 253, page 875. STRAP 1502512-011.OGO and further described an Commencing at the Southwest corner of Section 12, Township 50 South, Range 25 East, Collier County, Florida; thence run North 3,496.24 feat; thence run East 70 feet to the POINT OF BEGINNING of the lands herein described; thence continue East 1320 feat; thence run North 330 feet; thence run Nest 1320 feat; thence run South 330 feet to the POINT OF BEGINNING, as recorded in Official Record Book 330, Page 515, Zoning District and g District to C-3, ct and RMF-6, ict subject to the The following ones are prohibited. Gasoline Service Stations Fast Food Restaurant; Convenience Food store. Structure. located on the commercial portion of the subject property are limited to a maximum height of 3 stories. The aide yard setbacks on the commercial portion of the subject property shall be thirty (30) feet. A landscape buffer shall be provided along the frontage of Airport -Pulling Road in accordance with Section 2.4.7 of the land Development Code, Alternative D, except that the width shall be twenty (20) feet. Change Official Zoning Atlas Nap f 0512N and J0512S DOW R53 F;6L 367 i. Legal Descriptions Block C, Cypress Moods Estates Plat #2, according to the plat thereof, recorded in Plat Book 4, Page 30 of the Public Records of Collier County, Florida. Rezoned from OW-6, Residential Multi -Family Zoning District to RMF-6, Residential Multi -Family Zoning District with a maximum density of 3 units per acre. Change Official Zoning Atlas Map #9522N 2. Legal Descriptions The East 2,413 feet of Lot 72, Naples Improvement Company Little Farms, less right-of-way, according to the plat thereof, recorded in Plat Book 2, Page 2 of the Public Records of Collier County, Florida. Rezoned from RMF-6, Residential Multi -Family Zoning District to RMF-6, Residential Multi -Family Zoning District subject to the following conditions a. The subject property is limited to a maximum density of 3 units per acre. b. Staff is authorized to limit building heights to two stories, if deemed appropriate and necessary to insure compatibility with nearby properties, during review of the Site Development Plan(s). Change Official Zoning Atlas Map 19522N 3. Legal Descriptions Lots 128, 130, 132, 134, 136 and 138, Rosemary Heights -Addition, according to the plat thereof, recorded in Plat Book 1, Page 78 of the Public Records of Collier County, Florida. Rezoned from I, Industrial Zoning District to C-1, Commercial Professional Zoning District (CEX-001-CN). Change Official Zoning Atlas Map #93223 4. Legal Descriptions STRAP #492534-006.000 further described as lying in Section 34, Township 49 South, Range 25 East, Collier County, Florida, the Southeast 2/4 of the Northeast 1/4 lying West of the creek, less property described ass Beginning at the intersection of the East boundary of Starter Subdivision with the North tight -of -way line of a canal, thence run North 149 feet, thence run East 133 feet to the river, thence run southeasterly along mean high water line to the Bast extension of the North right-of-way line of the canal, thence run West to Point of Beginning; less property described in Official Record Book 753, Page 2026, and less the canal lying between the aforementioned two parcels. Rezoned from RMF-6, Residential Multi -Family Zoning District to RMF-6, Residential Multi -Family Zoning District with a maximum density of 3 units per acre. Change Official Zoning Atlas Map 09534H 30 IM Qq rhGE368 1. legal Description: STRAP 0 512610-102.000 further described as all that part of Section 30, Township 51 South, Rang* 26 East, Collier County, Florida and being more particularly described am follows: Commencing at the intersection of the present Easterly right-of-way line of B.A. 951 with the Northerly line of the Southeast 1/4 of the Northwest 1/4 of Section 10, Township 51 South, Range 26 East, Colder County, Florida, thence along said Easterly right-of-way line South 0'-24'-33" West 30.01 feet to the South right-of-way line of C.R. 31, thence along said South right-of-way line and 30 feet South of and parallel with the Northerly line of the Southeast 1/4 of the Northwest 1/4 of said Section 1D, North 88'-42'-20" East 500.00 feet to the Northwest corner of Gulf Winds East Unit 1, a condominium as recorded in Condominium Plat Book 4, Pages 153 and 154, Collier County Public Records, Collier County, Florida, thence along the West line of maid Gulf Winds East, South 0'-24'-33" Went, 706.32 feet to the Southwest corner of said Gulf Winds East and the Point of Beginning of the parcel herein described; thence along the South line of said Gulf Winds East North 88'-42'-20" East 849.37 feet; thence along the East line of said Gulf Winds East North 1'-17'-40" West 706.05 feet to the South right-of-way line of said C.R. 31, thence along said South right-of-way line and 30 feet South of and parallel with the North line of the Southwest 1/4 of the Northeast 1/4 of said Section 10, North 88'-40'-46" East 2262.77 feet to the East line of the Southwest 1/4 of the Northeast 1/4 of said Section 10; thence along said East line South 0'-05'-07" East 1339.16 feet; thence along the East line of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Section 10, South 0'-03'-33" East 684.81 feet; thence along the South line of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Section 10, South 88'-45'-40" West 1369.16 feet; thence along the South line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section 10, South 88'-45'-54" West 739.18 feet; thence along a line which lie. parallel With the East right-of-way line of said S.R. 951, North 0'-24'-51" East 1315.39 feet to the Point of Beginning of the parcel herein described. Rezoned from RMF-16, Residential Multiple Family Zoning District to RMP-16, Residential Multiple Family Zoning District subject to the following condition. (CEx-004-RF/A): a. Th. subject property is limited to a maximum density of 9 units per Acre. b. All structures shall be limited to a maximum height of two stories except as provided for in the [and Development Code, Section 2.6.3.1 only. C. A one hundred foot (100') wide green belt shall be provided along the entire east and south property lines. The green belt shall contain vegetation and/or other plant materials e. g. mulch, rock., etc. The green belt shall be landscaped in accordance with the land Development Code, Section 2.4.7, Alternative S. Building., parking facilities, etc. are not permitted within the green belt. Water management facilities are permitted within the green belt. Change Official Zoning Atlaa Map 01610N and 41610E Legal Description: STRAP #512614-010.000 further described as lying in Section 14, Township 51 South, Range 31 eo0+ n53r;s(:69 26 East, Collier County, Florida, the Nest 1/4 of the Northwest 1/4 of the Northwest 1/4, as recorded in Official Record Book 1297, Page 1140. Rezoned from MH, Mobile Home Zoning District to MH, Mobile Home Zoning District with a maximum density of 1 units per acre. Change Official Zoning Atlas Map 0161314 1. Legal Description: STRAP 1512614-014.000 further described ae lying in Section 14, Township 51 South, Range 26 East, Collier County, Florida, the Nest 1/2 of the Northeast 1/4 of the Northwest 1/4 and the East 1/2 of the East 1/2 of the Northwest 1/4 of the Northwest 1/4, as recorded in Official Record Book 1121, Page 1845. Rezoned from MR, Mobile Home Zoning District to MH, Mobile Home Zoning District with a maximum density of 1 units per acre. Change Official Zoning Atlas Map 6161314 32 t00% (153o:U310 1. Legal Description: Lot 1, Block 83, Marco Beach, Unit 5, according to the plat thereof, recorded in Plat Book 6, Pages 39-46 of the Public Records of Collier County, Florida. Rezoned from C-3, Commercial Intermediate Zoning District to C-3, Commercial Intermediate Zoning District subject to the following condition (CEX-006-MI): A. Building heights are limited to a maximum of 35 feet. Change official Zoning Atlas Map IMB6D 2. Legal Description: Lot 19, Block 146, Marco Beach, Unit 5, according to the plat thereof, recorded in Plat Book 6, Pages 39-46 of the Public Records of Collier County, Florida. Rezoned from C-30 Commercial Intermediate Zoning District to C-3, Commercial Intermediate Zoning District subject to the following condition (CEX-012-MI): a. Building heights are limited to a maximum of 35 feet. Change official Zoning Atlas Map JM86D 3. Legal Description: Lot 1, Block 796, Marco Beach, Unit 6, according to the plat thereof, recorded in Plat Book 12, Page. 38 of the Public Records of Collier County, Florida. _ Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following condition (CRX-017-MI): a. Building heights are limited to a maximum of 35 feat. Change Official Zoning Atlas Map #MBAR 4. Legal Description: Lot 1, Block 348, Marco Beach, Unit 10, according to the plat thereof, recorded in Plat Book 6, Pages 74-79 of the Public Records of Collier County, Florida. Rezoned from C-3, Commercial Intermediate Zoning District to C-3, Commercial Intermediate Zoning District subject to the following conditions (CEX-029-MI/A): a. The following permitted (principal) uses listed in the land Development Code (Ordinance 191-102 are prohibited: (1) Gasoline Service Stations (2) Veterinary Services (3) Drive -In Restaurants (4) Past Food Restaurants (5) Convenience Food Store. - 24 Hour (6) Auto and Home Supply Store. b. The following accessory use listed 1n the Land Development code is prohibited: (1) Caretaker's Residence C. The following conditional uses listed in the Land Development Code are prohibited: (1) Hospital. (2) Amusements and Recreation Services - except that dance studios, aerobic dance and exercise classes, physical fitness centers, weight lifting and martial art. training are permiesable 33 ow 1 31r. 371 Change Official Zoning Atlas Map iMBeB 5. Legal Description: Lot 1, Block 781, Replat of a portion of Marco Beach, Unit 11, eccording to the plat thereof, recorded in Plat Book 12, Pages 24-26 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-028-MI): a. Access shall be limited to Elkhorn Court. b. The height of structures shall be limited to 10 feet. Change official Zoning Atlas Map 1"25 6. Legal Description: Tract B, Marco Beach, Unit 11, according to the plat thereof, recorded In Plat Book 6, Pages 80-86 of the Public Records of Collier County, Florida. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-007-MI): a. A landscape buffer shall be provided along Giralda Court in accordance with Section 2.4.7.4, Alternative B, of the Sand Development Code. b. A fifty foot (So,) building setback shall be provided from Giralda Court. C. There shall be no access on Girelda Court. d. The height of structures shall be limited to 90 feet. e. Mars shall be only one access point on Bald Eagle Drive. Turn lanes shall be provided at this access point if deemed necessary by the Transportation Department during review of development orderm (e.g. Site Development Plan). Change Official Zoning Atlas Map (MB2S 7. Legal Description: Lots 9 and 20, Block 427, Marco Beach, Unit 15 Replat, according to the plat thereof, recorded in Plat Book 8, Page 45 of the Public Records of Collier County, Florida. Rezoned from RMF-6, Residential Multi -Family Zoning District to CF, Community Facility Zoning District. Change Official Zoning Atlas Map iMB6E 34 eom A53PAIA372 1. Legal Demcriptlont A parcel of land lying in Block 75, Golden Gate, Unit 2 (Parcel 1), as recorded in Plat Book 5, Pages 65-77, of the Public Records of Collier County, Florida, being more particularly described as follows: Block 75 undivided, Golden Gate, Unit 2, less the East 260 feet of the North 190 feet, lees the South 145 feet, leas the East 200 feet of the South 165 feet of the North 505 feet, less the East 200 feet of the South 150 feet of the North 655 feet, less the East 220 feet of the South 150 feet of the North 040 feet, lose the West 220 feet of the North 190 feat, less the West 60 feet of the East 260 feet of the South 275 feet of the North 655 feet, as recorded in Official Record Book 1124, Pages 802-808. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District so as to allow development compatible with surrounding properties subject to the following condition: a. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include the subject property and Parcel 7 of Block 75, Golden Gate, Unit 2 shall be submitted to Collier County for review and approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, never, street lighting, sidewalks and drainage facilities to serve the properties, pursuant to Division 2.2 of the Collier County land Development Code. Change Official Zoning Atlas Map 19622S legal Description: A parcel of land lying in Block 75, Golden Gate, Unit 2 (Parcel 7), as recorded in Plat Book 5, Pages 65-77, of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Northwest corner of Block 75, Golden Gate, Unit 2, run East 210 feet along the North line of said Block 75, thence run South 190 feet, thence run West 210 feet to the Westerly line of said Block 75, thence run North 190 feet to the Point of Beginning, as recorded in Official Record Book 1544, Page 112. Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning DSetrict so as to allow development compatible with surrounding properties Subject to the following condition: a. Prior to the issuance of any development orders, a Preliminary Subdivision Plat to include the subject property and Parcel 1 of Block 75, Golden Gate Unit 2 shall be submitted to Collier County for review and approval. The purpose of this Preliminary Subdivision Plat is to indicate the ability to provide adequate infrastructure including, but not limited to, roads, water, newer, street lighting, sidewalks and drainage facilities to nerve the properties, pursuant to Division 2.2 of the Collier County Land Development Code. Change Official Zoning Atlas Map 196229 15 toot (153Pt;�313 J. Leyal Description: Blocks 1-4Palm Spring. Village, Dnit 1, according to the plat ibereof, recorded in Plat Book J, Page So of the Public Records of Collier County, Florida. Rezoned from RMF-12, Residential Multiple Family Zoning District to RMF-12, Residential Multiple Family Zoning District with a maximum density of 7 unite per acre. Change Official Zoning Atlas Map 19634S 4. Legal Deacriptlon: STRAP 2502603-002.000 further described as lying in Section J, Township 50 South, Range 26 East, Collier County, Florida, the west 1/2 of the Southwest 1/4 of the Northeast 1/4 lying Northwesterly of the road right-of-way, lase property described in official Record Book 531, Page 742 and Official Record Book 907, Page 9790 as recorded in Official record Book 1420, Page 1276. AND STRAP 0502603-007.000 further described ae lying in Section 0, Township 50 Bouth, Range 26 East, Collier County, Florida, Imejin at the Intersection of the Nest line of Section J with the Northwesterly right-of-way line of B.A. $4, thence run North 31' East 550 feet, thence run North 99' Neat 281 feet, thence run South 471.61 feet to the Point of Beginning, as recorded in official Record Book 1409, Page 2238. Rezoned from C-J, Commercial Intermediate Zoning District and RMF-12, Residential Multiple Family Zoning District to RMF-12, Residential Multiple Family Zoning District with a maximum density of 7 unite per acre. Change official Zoning Atlas Map #0603 EkR6.1791 36 eam ['53mi374 v+ sTATE or FLORIDA ) �f. COUNT9 OF COLLIaR ) I, JAMRS C. QILBS, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of% Ordinance No. 92-43 which was adopted by the Board of County Commissioners on + the 22nd day of June, 1992, during Special Session. T - 88y hand and the• official-• seal of the Board o!-• •.:. _�.... :.. ,, :�:.-..:, County Commissioners of Collier County, Florida, this 29th day of Jape, 1992. , JAWS C. QILZS +1 . ••. . Clerk of Courts and Clank-' Fa[-officio to Board ofr�;:' County Commissioners 0 By: /a/Maureen Kenyon Deputy Clerk �pc lad PEA 01. 5 • 4. Conceptual Site Plan El 0 P' '-IABITAT GASTRONOMY ON THE CREEK CONCEPTUAL SITE PLAN F *",'-= p d Corbin archft f, plc 1 W2 6rh Ave. Nohh. Naples. FL 34102 DATE: 06-22-2015 SCALE: f"=40'-0" SITE AREA: 32,485 sf ph:239.MTM29 1�ep:e arom5e2s 0 L �, riABITAT GASTRONOMY ON THE CREEK O MOORING FOR CUSTOMERS O PADS FOR STATIONARY FOOD TRUCKS O WATERFRONTDINING PERMANEN IN NATURE SITE PLAN 2 LOCATION FOR LICENSED FISHERMAN TO O SELL FRESH OFF THE BOAT SEAFOOD BATHROOMS ®MANGROVES . •,,1 = , O O Cv =Ni ct. Plc DATE: 06-22-2015 SCALE: 1" = 20W O WATERFRONT 71KI BAR' © OFFSTREET PARKING FOR 16 CARS 10 6th Ave. North. Naples, R 3,flW ph:2i9M7.SS2S 6c.r at Wl S6]2 • 5., Mobile Food Dispensing ,* Vehicle definition from the Department of Business and Professional Regulation (DBPR) Division of Hotels and Restaurants 0 ® R O ® ,1Y ® � us In Conrad Us Cn yl< NSom seam T Florida at 1V 1 e rtment of Business � f &Professional Regulation DIVISION OF HOTELS AND RESTAURANTS > Division Home > FAOs GUIDE TO > Forms and Publications MOBILE FOOD DISPENSING VEHICLES (MFDVS) > Statutes and Rules > Public Records > Archives The Division of Hotels and Restaurants provides the following information as a general guide for mobile food dispensing vehicle licensing in Florida and does not represent this to be all requirements for maintaining a license. For complete information, we Rick Akin, Director recommend you refer to applicable laws and rules and our licensing website. Division of Hotels and Restaurants This webpage replaces our brochures: DBPR Form MR 5030-032, Guide to Mobile Food 2601 Blair Stone Road Dispensing Vehicles and DBPR Form HR 5030-033, Guide to Hot Dag Carts. Tallahassee, FL 32399-1011 Mobile Food Dispensing Vehicles Phone: 7.1395 Email: dhr.Infhr.InfoDmyFlondalicense.com A Mobile Food Dispensing Vehicle (MFDV) is classified as a vehicle -mounted public food service establishment that is self-propelled or otherwise movable from place to place. Self-sufficient MFDVS are defined as those having, as part of the vehicle, a three - compartment sink for washing, rinsing and sanitizing equipment and utensils; a separate handwash sink; adequate refrigeration and storage capacity; full provision of power utilities including electrical, LP -gas, or a portable power generation unit; a potable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5- Elevators 4 of the Food Code. If an MFDV is self-sufficient, it is not required to use or report to a commissary. Self - Food and LOdDInD sufficient MFDVs must still obtain potable water from an approved source and dispose of wastewater at an approved location. Inspections Hot Dog Carts Hot Dag Carts are MFDVS that limit food preparation to frankfurters (hot dogs and Licensina precooked sausages) only. Hot dog carts must have, as part of the vehicle, a handwash sink; power utilities including electrical, LP -gas, or a portable power generation unit; a Reports & Statistics potable water holding tank; and a liquid waste disposal system In accordance with Subparts 5-3 and 5-4 of the Food Code. r These carts are not self-sufficient and must report to an approved commissary at least once daily when the cart is In operation. A hot dog cart may be an open air unit that is f ■■ not permitted to have a three -compartment sink or a fully enclosed unit that is not equipped with a three -compartment sink. Commissary A commissary is a public food service establishment licensed by the Division of Hotels and Restaurants or permitted by the Department of Agriculture and Consumer Services that is utilized by an MFDV operator for the purpose of providing support services that are not available on an MFDV that is not self-sufficient. Support services Include: > Obtaining potable water; > Disposing of wastewater and solid waste; > Cleaning and sanitizing utensils and equipment; . > Storing food, single -service items and other supplies; and > Preparing food. Plan Review Submittal The operator of a newly constructed, remodeled, converted or reopened MFDV shall submit properly prepared facility plans and specifications to the division for review and approval. Such plans must be approved by the division prior to construction, remodeling, conversion, and scheduling of an opening inspection and licensing. See our plan review wala,lte for more Information. Plan review Is not required if the division can otherwise determine that the intended remodeling will not have an Impact on any sanitation and safety requirements prowl. law or rule. Applications for change of ownership do not require plan review when no interruption in operation, construction, remodeling or conversion occurs. Requirements 1. MFDVs that are not self-sufficient must operate from an approved commissary that meets all applicable sanitation and safety standards. The commissary must have potable water and adequate facilities for disposal of liquid and solid waste. The MFDV must report to the commissary to store or replenish supplies, clean utensils and equipment or dispose of liquid and solid waste. Such units must report to the commissary at least once daily or more often as needed during each day of operation. 2. MFDVs that are self-sufficient may utilize portable closed smokers (a smoker with an attached lid or door) In conjunction with the MFDV. Such smokers are typically used for bulk BBQ cooking. No screen enclosure, floor or ceiling is required for the smoker. All food preparation, other than cooking on a closed smoker, must be conducted Inside the MFDV and all food must be served from within the MFDV. Other cooking equipment, such as grills and fryers, must be located within the self-sufficient MFDV. 3. You may wash the exterior of the MFDV In any location where the wastewater is disposed of properly and a sanitary nuisance is not created. 4. When the commissary provides a service area for cleaning and servicing MFDVs, the service area must: > Be physically separated from other food operations, > Be equipped to furnish potable water, and > Provide facilities for the drainage and disposal of liquid waste. The commissary must construct the surface of the service area with a smooth Am nonabsorbent material such as concrete or machine -laid asphalt, graded to drain. commissary must maintain the service area in good repair and keep it clean. 5. The operator of each public food service establishment providing commissary services must maintain a daily registry verifying that each MFDV that receives such services is properly licensed. Prior to providing commissary services, each public food service establishment must verify that the license number displayed on the exterior of the MFDV matches the number on the vehicle operator's public food service establishment license. 6. Each MFDV operator must permanently affix the operator's public food service establishment license number In a prominent place on the exterior of the vehicle. The license number must be in figures at least 2 inches high and in contrasting colors from the background. 7. Serving openings on the MFDV must not be larger than necessary for the particular operation conducted. Keep these openings closed at all times except when serving food. 8. The MFDV must have waste containers for the deposit of food scraps, food wrappings, cups, napkins and discarded single -service articles. 9. MFDVs may temporarily connect to an approved utility system for a period not to exceed one day's operation if: a The utility system adequately meets the unit's needs, > Sanitary facilities are available for employees and customers according to the plumbing authority having jurisdiction, and > Units that are not sell -sufficient return to their commissary as required. If the MFDV is connected to an approved water system, the vehicle must also be connected to an approved wastewater disposal system to avoid creating a sanitary nuisance by overflowing the wastewater holding tank. 10. MFDV operators must take effective control measures to protect against rodents, • flies, roaches and other vermin entering or breeding on the unit. 11. MFDV operators must not engage in food preparation if the vehicle does not provide water and waste systems as required, or otherwise fails to meet sanitation and safety requirements. Such vehicles may temporarily handle (until corrections are made) only completely wrapped or packaged food manufactured, processed, prepared, and packaged In Individual servings at an approved public food service establishment, or pre -packaged In a food processing plant. Operators must transport and store packaged food properly and dispense bulk beverages (obtained from approved sources) from covered ums or other protected containers. MFDV operators who always only serve packaged or pre -packaged food are regulated (permitted, inspected, etc.) by the Department of Agriculture and Consumer SSIXices, not the Division of Hotels and Restaurants. 12. Each MFDV operator must designate in writing the certified food manager responsible for all periods of operation. A certified food manager is only required to be present when there are 4 or more people engaged in food activity. The operator and/or manager has 30 days from the day of licensure to obtain food manager certification. See our food mangger certification wabsite for more information. Florida law requires all public food service establishments to provide the division with proof of food manager certification upon request, Including, but not limited to, at the time of any division inspection of the establishment. 13. MFDVs are exempt from the requirement of having a public bathroom for employees and customers. 14. MFDVs must have at least one handwash sink equipped to provide water at a temperature of at least 1000 Fahrenheit through a mixing valve or combination faucet 15. Three -compartment sinks used for warewashing must be adequately sized to clean the largest utensil or piece of equipment, equipped with dramboards (or equivalent) at each end, hot and cold running water under pressure, and properly connected to an approved liquid disposal system. 16. A MFDVs water tank Inlet must be 3/4 Inch In Inner diameter or less. Provide the water tank inlet with a hose connection of a size and type that will prevent its use for any other service. If the potable water holding tank is filled with a hose, be sure the hose is made of food -grade material. There is no minimum size (capacity) for the potable water holding tank, however operators should take into consideration the number of times hands will need to be washed during one day's operation. 17. Wastewater holding tanks in MFDVs must be sized 15% larger in capacity than the water supply tank. Slope the sewage holding tank to a drain that is 1 inch in Inner diameter or greater, and equipped with a shut-off valve. 18. Remove sewage and other liquid wastes from the MFDV at the approved commissary or, for self-sufficient vehicles, other approved service location In a timely manner to prevent a public health hazard or nuisance. 19. Provide adequate cold food storage, hot food storage and display facilities to maintain all potentially hazardous (time/temperature control for safety) food at safe temperatures (below 410 Fahrenheit or above 1350 Fahrenheit) during all periods of storage and display. Provide each piece of equipment with an accurate thermometer. 20. Provide a calibrated (accurate) probe -type thermometer to take the Internal temperature of foods. 21. All equipment must have approved materials and design. Ensure that the equipment and vehicle finishes are smooth, easily cleanable and capable of withstanding the conditions of operation. Install equipment so that it is readily accessible and you can clean the spaces between, behind and beneath it 22. Ensure that aisles and working spaces between equipment and walls are wide enough and unimpeded so the operator can work without contaminating food or food -contact surfaces by unnecessary contact. 23. Do not conduct operations connected with an MFDV from an unapproved facility. State law prohibits cooking; preparing; or storing food, utensils or single service items at a private home; or performing utensil or equipment cleaning at such a location. 24. Hot dog carts must comply with the following additional requirements: > An adequate supply of spare utensils must be maintained on the vehicle and used to replace any utensils that become contaminated. > Potentially hazardous (time/temperature control for safety) condiments such as chili, cooked onions and peppers, cheese, and cheese sauce may only be served in individually portioned and packaged or pre -packaged containers that are maintained at the proper temperature. Such condiments must be individually portioned and packaged at the approved commissary, and may only be opened by the customer. > Hot dog cart operators may dispense non -potentially hazardous (non-time/temperature control for safety) condiments such as relish, raw anions and peppers, etc., from bulk containers on the vehicle or provide these condiments for customer self-service in protected containers. 25. Division personnel inspect as often as necessary for enforcement of the provisio� law and rule, and the protection of the public's health, safety, and welfare. MFDV operators must permit division personnel right of entry at any reasonable time to observe food preparation and service. If necessary, division personnel may examine records of the vehicle to obtain pertinent information regarding food and supplies purchased, received or used. 26. The operator must maintain the latest inspection report on the unit and make it available to any consumer who asks to see It. 27. It is the MFDV operator's responsibility to keep the division updated on all license and commissary information, especially addresses and contact phone numbers. The division must be able to contact you to locate your vehicle for inspection. MFDVs found operating without a license are subject to administrative penalties, such as fines up to $1,000 per day. You may update your mailing address online on our welpsjte. Fire Safety The division records readily observable fire safety Items during inspections. The division reports any item that may violate fre safety requirements to the State Fire Marshal and local fire safety authorities. Please contact your local fire safety authority to ensure your establishment meets fire safety requirements. Fire safety items include: 1. 111 are required to Install a portable fire extinguisher on each vehicle equipped with heat producing appliances. 2. The local fire safety authority may require the MFDV to have an automatic fire suppression system installed over cooking equipment if grease laden vapors are produced. Personnel Unless the division approves an Alternative oneratina Procetlure, food employee may not contact ready -to -eat foods with their bare hands. Employees may use suitabl utensils such as dell tissue, spatulas, tongs, single -use gloves or dispensing equipment. Food service workers transmit most pathogenic bacteria that cause foodborne illnesses to foods. That is why It is so important that employees maintain high standards of personal cleanliness. All personnel must wash their hands prior to beginning work, when returning to work after any break in food preparation activities or any time their hands become soiled. Florida law prohibits smoking in food preparation areas. Personnel must wear clean outer garments and effective hair restraints All personnel must be free of jaundice, respiratory infections, vomiting, diarrhea or other communicable diseases. Infected or draining wounds must be properly covered. An operator who has reason to believe that an employee may present a public health risk should immediately notify the proper health authority. Operators are required to notify the Department of Health or the division if an employee is diagnosed with Salmonella Typhi, Shigella, Shiga-toxin producing E. coli, Hepatitis A or Norovirus. 1 d. Tallahassider EL 32399::Email: customer ComildIndia r::customerContact Cenrer.850.4871395 The state of Florlos Is an ANEEO employer, Copyright 2007-2013 Sdte of Flnrlae enhance 6[a 90 Under Terms law, email daprernes are Print records. If you do ruff want your a -mall ammushe micasall in response to a public-rewrds modest, do net send ele tronlc mall m this enht . Instead, contact the calce by phone or by tandhbnal man. IT you have any quMtlons, please compact 850A37.1395'isom 'isomeric b section 655.275(1), norce Stem es, eae6rve OccoCer 1, 2012, Ikensees licensed under chapter 955, F.S. must provide Me prominent with an email aIXlress if May have one. The couple provided stay be used M orbclal communication with Me li¢nsee. However spell addresses are public recor6 If you do cot wish M supply a personal address, please provide Me Department with an small addren which can be made avalWde to Me public. Please see our chaIXem a oege M determine If you are oriented by MIs Mange. C] 6. SIC Descriptions for Group 58, 0 5812, and 5963 0 OSHA MENU Major Group 58: Eating And Drinking Places This major group includes retail establishments selling prepared foods and drinks for consumption on the premises; and also lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as a subordinate service facility by other establishments are not included in this industry, unless they are operated as leased departments by outside operators. Thus, restaurants and lunch counters operated by hotels are classified in Services, Major Group 70; those operated by department stores in Major Group 53. Bars and restaurants owned by and operated for members of civic, social, and fraternal associations only are classified in Industry 8641. Mobile food and dairy wagons are classified in Industry 5963. Industry Group 581: Eating And Drinking Places 5812 Eating Places . 5813 Drinking Places (alcoholic Beveraces) SIC Search Division Structure 0 OSHA MENU Description for 5812: Eating Places Industry Group 581: Eating And Drinking Places 5812 Eating Places Establishments primarily engaged in the retail sale of prepared food and drinks for on -premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry. • Automats (eating places) • Beaneries • Box lunch stands • Buffets (eating places) Cafes Cafeterias Carry -out restaurants • Caterers • Coffee shops • Commissary restaurants • Concession stands, prepared food (e.g., in airports and sports arenas) • Contract feeding Dairy bars Diners (eating places) • Dining rooms Dinner theaters • Drive-in restaurants Fast food restaurants • Food bars • Food service, institutional • Frozen custard stands • Grills (eating places) Hamburger stands Hot dog (frankfurter) stands • Ice cream stands • • Industrial feeding • Lunch bars • Lunch counters • Luncheonettes S[C Search Division Structure Major Group Structure.. Career & Internships I Contact Us UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave., NW, Washington, DC 20210 800-321-OSHA (6742) TTV www.OSHA.gov ABOUT THE SITE Frequently Asked Questions Freedom of Information Act Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL RSS Feeds from DOL Accessibility Statement LABOR DEPARTMENT Espanol Office of Inspector General Subscribe to the DOL Newsletter Read The DOL Newsletter Emergency Accountability Status Link A to Z Index FEDERAL GOVERNMENT White House Affordable Care Act Disaster Recovery Assistance USA.gov Plain Writing Act Recovery Act No Fear Act U.S. Office of Special Counsel OSHA MENU Description for 5963: Direct Selling Establishments Industry Group 596: Nonstore Retailers 5963 Direct Selling Establishments Establishments primarily engaged in the retail sale of merchandise by telephone; by house -to -house canvass; or from trucks or wagons or other temporary locations. Included in this industry are individuals who sell products by these methods and who are not employees of the organization which they represent, and establishments which are retail sales offices from which employees operate to sell merchandise from door-to-door. • Bakery goods, purchased: house -to -house -retail • Canvassers (door-to-door), headquarters for retail sale of merchandise •• Dairy products, house -to -house -retail . Direct selling organizations (headquarters of door-to-door House delivery of purchased milk -retail • House -to -house selling of coffee, soda, beer, bottled water, or other Huckters-retail • Ice cream wagons -retail Lunch wagons, mobile -retail • Magazine subscription sales, except mail -order -retail Magazines, house -to -house selling • Milk delivery and sale of purchased milk, without processing -retail • Newspapers, home delivery: except by newspaper printers or • Parry -plan merchandising -retail Occupational Safety & Health Administration 200 Constitution Ave., NW, Washington, DC 20210 800-321-OSHA (6742) TTr www.OSHA.gov ABOUT THE SITE Frequently Asked Questions Freedom of Information Act Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL RSS Feeds from DOL Accessibility Statement LABOR DEPARTMENT Espanol Office of Inspector General Subscribe to the DOL Newsletter Read The DOL Newsletter Emergency Accountability Status Link A to Z Index FEDERAL GOVERNMENT White House Affordable Care Act Disaster Recovery Assistance USA.gov Plain Writing Act Recovery Act No Fear Act U.S. Office of Special Counsel Contact Us E-Filing Services Document Searches Forms Help 92a7RIRT*T,1I s k1C71'a[eL7R Z71irlio",Events No Name History Detail by Entity Name .ra9R���tnRR. ruing mrormauon Document Number L14000104936 FEI/EIN Number 47-1247239 Date Filed 07/01/2014 State FL Status ACTIVE Last Event LC AMENDMENT EDate Filed 09/15/2014 EN Effective Date NONE Principal Address 327 Henley Dr. NAPLES, FL 34104 Changed: 04/25/2016 Mailing Address 327 Henley Dr. NAPLES, FL 34104 Changed: 04/25/2016 Registered Agent Name & Address ODE & SONS CORP 327 Henley Dr. NAPLES, FL 34104 Address Changed: 04/25/2016 Authorized Persons) Detail NO & Address Title MGR MADDOX, REBECCAJ naples 2.0 2055 TRADE CENTER WAY NAPLES, FL 34109 Title MGRM BROWN, ANTONIO B 2055 TRADE CENTER WAY NAPLES, FL 34109 Annual Reports Report Year Piled Date 2015 04/24/2015 2016 04/25/2016 Document u!- 040ANNUAL 'e• Vim image in 'D 00• 0- e- e• - in •. i14 -- Florida Limi d Lia�lj ly View irnage in PD Events No Name History 0 • 7, Affidavit of Authorization • • AFFIDAVIT OF AUTHORIZATION FORPETITIONNUMBERS(S) ' PL20160001881 • 1,(print name), as Manager title if applicable) of Naples 2.0 LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner >c--a pplicant _ contract purchaser _ and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize_ Laura DeJohn - Johnson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the core. pies. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner' of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee • • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, 1 declare that I have read the foregoing Affidavit of Authorization and that Date COUNTY OF COLLIER T , rejgoing instrument wa om to (or affirmed) and subscribed before me on (date) by F (name of person providing oath or affirmation), as �(J0, 60- who is personally known to e r who hasce (type of identification) as identification. STAMPISEAL SARAN ANDRUS ' Sig re of otary Public SA Notary s; State Fbdda Commbission# FF 921949 My comm. expires Nov. 30, 2018 • CP\O&MA-001151155 REV VM4