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CCPC Agenda 12/16/2021
Collier County Planning Commission Page 1 Printed 12/9/2021 COLLIER COUNTY Collier County Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 December 16, 2021 9: 00 AM Edwin Fryer- Chairman Karen Homiak - Vice-Chair Karl Fry- Secretary Christopher Vernon Paul Shea, Environmental Joseph Schmitt, Environmental Robert Klucik, Jr. Thomas Eastman, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selec ted to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. December 2021 Collier County Planning Commission Page 2 Printed 12/9/2021 1. Pledge of Allegiance 2. Roll Call by Secretary 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes 6. BCC Report - Recaps 7. Chairman's Report 8. Consent Agenda 9. Public Hearings A. Advertised 1. ***Note: This item has been continued from the December 2, 2021 CCPC Meeting*** PL20210000176 - St. Matthew's House CPUD - An Ordinance of the Board of County Commissioners of Collier County, Florida relating to St. Matthew’s House, amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the DeVoe Pontiac Planned Unit Development (PUD) and the General Commercial District within the Mixed Use Subdistrict of the Gateway Triangle Mixed Use Overlay District, (C-4-GTMUD-MXD) Zoning District to the Commercial Planned Unit Development within the Mixed Use Subdistrict of the Gateway Triangle Mixed Use Overlay (CPUD-GTMUD-MXD) Zoning District for a project to be known as the St. Matthew’s House CPUD, to allow a 150 bed homeless shelter and up to 130,000 square feet of commercial development on property located at the southeast corner of Airport Road and Glades Boulevard in Section 12, Township 50 South, Range 25 East, Collier County, Florida consisting of 11.89+/- acres; and providing for repeal of Ordinance No. 97- 14, as amended, the DeVoe Pontiac Planned Unit Development and Resolution No. 99-87 relating to a conditional use for a homeless shelter; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner] December 2021 Collier County Planning Commission Page 3 Printed 12/9/2021 2. PL20210002604 - Scrivener's Errors and Cross-References - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to correct scrivener’s errors and update cross-references related to various Land Development Code (LDC) sections, including the Florida Building Code (FBC), the Florida Fire Prevention Code (FPC), the Florida Statutes (F.S.), and Florida Administrative Code (F.A.C.) Chapter and Rule citations, and to update the Goodland Zoning Overlay map with no boundary change; by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One General Provisions, including Sections 1.07.00 Laws Adopted By Reference and 1.08.02 Definitions; Chapter Two Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Four Site Design and Development Standards, including Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures and Section 4.02.22 Design Standards for the Goodland Zoning Overlay District; Chapter Five Supplemental Standards, including Section 5.05.04 Group Housing; Chapter Six Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.06.01 Street System Requirements; and Chapter Ten Application, Review, and Decision-Making Procedures, including Sections 10.01.02 Development Orders Required and 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Sean Kingston, AICP, CFM, Senior Planner] 3. PL20210000101 Crews Rd PUDZ - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Estates (E) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Crews Road RPUD, to allow construction of up to 60 townhomes or multi-family dwelling units on property located northeast of the intersection of County Barn and Whitaker Roads, in Section 8, Township 50 South, Range 26 East, consisting of 9.96± acres; and by providing an effective date. [Coordinator: Timothy Finn, AICP, Principal Planner] December 2021 Collier County Planning Commission Page 4 Printed 12/9/2021 4. PL20210002450 Murals in the BGTCRA- An Ordinance of the Board of County Commissioners of Collier County, Florida, relating to murals in the Bayshore Gateway Triangle Redevelopment Area, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to create a definition for a mural; amend the standards for murals; and create a public hearing process for murals that are subject to Public Art Committee review, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One General Provisions, including Section 1.08.02 Definitions; Chapter Four Site Design and Development Standards, including Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area; Chapter Ten Application, Review, and Decision-Making Procedures, including Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Eric L. Johnson, AICP, CFM, Principal Planner] B. Noticed 10. Old Business 11. New Business 12. Public Comment 13. Adjourn 12/16/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.1 Item Summary: ***Note: This item has been continued from the December 2, 2021 CCPC Meeting*** PL20210000176 - St. Matthew's House CPUD - An Ordinance of the Board of County Commissioners of Collier County, Florida relating to St. Matthew’s House, amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the DeVoe Pontiac Planned Unit Development (PUD) and the General Commercial District within the Mixed Use Subdistrict of the Gateway Triangle Mixed Use Overlay District, (C-4-GTMUD-MXD) Zoning District to the Commercial Planned Unit Development within the Mixed Use Subdistrict of the Gateway Triangle Mixed Use Overlay (CPUD-GTMUD-MXD) Zoning District for a project to be known as the St. Matthew’s House CPUD, to allow a 150 bed homeless shelter and up to 130,000 square feet of commercial development on property located at the southeast corner of Airport Road and Glades Boulevard in Section 12, Township 50 South, Range 25 East, Collier County, Florida consisting of 11.89+/- acres; and providing for repeal of Ordinance No. 97-14, as amended, the DeVoe Pontiac Planned Unit Development and Resolution No. 99-87 relating to a conditional use for a homeless shelter; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner] Meeting Date: 12/16/2021 Prepared by: Title: Operations Analyst – Planning Commission Name: Diane Lynch 12/08/2021 4:03 PM Submitted by: Title: – Zoning Name: Mike Bosi 12/08/2021 4:03 PM Approved By: Review: Planning Commission Diane Lynch Review item Skipped 12/08/2021 4:03 PM Zoning Diane Lynch Additional Reviewer Skipped 12/08/2021 4:03 PM Growth Management Operations & Regulatory Management Diane Lynch Review Item Skipped 12/08/2021 4:03 PM Zoning Diane Lynch Zoning Director Review Skipped 12/08/2021 4:03 PM Growth Management Department Diane Lynch GMD Deputy Dept Head Skipped 12/08/2021 5:49 PM Planning Commission Edwin Fryer Meeting Pending 12/16/2021 9:00 AM 9.A.1 Packet Pg. 5 PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 1 of 16 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: DECEMBER 2, 2021 SUBJECT: PUDR-PL20210000176, ST. MATTHEW’S HOUSE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) _______________________________________________________________________________ PROPERTY OWNER/APPLICANT AND AGENTS: Owners: St. Matthew’s House, Inc. 2001 Airport Road Naples, FL 34112 Agents: D. Wayne Arnold, AICP Richard D. Yovanovich, Esquire Q. Grady Minor and Associates, P.A. Coleman, Yovanovich and Koester, P.A. 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs, FL 34134 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 2004-41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the DeVoe Pontiac Planned Unit Development (PUD) and the General Commercial District within the Mixed-Use Subdistrict of the Gateway Triangle Mixed-Use Overlay District, (C-4-GTMUD-MXD) Zoning District to the Commercial Planned Unit Development within the Mixed-Use Subdistrict of the Gateway Triangle Mixed-Use Overlay (CPUD-GTMUD-MXD) Zoning District for a project to be known as the St. Matthew’s House CPUD to allow a 150 bed homeless shelter and up to 130,000 square feet of commercial development on property; providing for repeal of Ordinance No. 97-14, as amended, the DeVoe Pontiac Planned Unit Development and Resolution No. 99-87 relating to a conditional use for a homeless shelter; and by providing an effective date. 9.A.1.a Packet Pg. 6 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 2 of 16 9.A.1.aPacket Pg. 7Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 3 of 16 9.A.1.a Packet Pg. 8 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 4 of 16 9.A.1.a Packet Pg. 9 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 5 of 16 GEOGRAPHIC LOCATION: The subject property, consisting of 11.89 acres, is located on the east side of Airport Road north of East Tamiami Trail in Section 12, Township 50 South, Range 25 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: St. Matthew’s House is a homeless shelter that was originally an 84-bed facility on a 2.34 acre property. The Board approved an expansion to 104-beds in Conditional Use Resolution 99-87 on January 28, 1999. (See Attachment B-Resolution 99-87.) Saint Matthew’s House Inc. has since acquired the former 9.55 acre DeVoe Pontiac property, which was a new and used automobile dealership. The DeVoe Pontiac PUD Ordinance 97-14 was approved by the Board on March 11, 1997. (See Attachment C-Ordinance 97-14.) The proposed CPUD seeks to unify the properties under St. Matthew’s House, Inc. ownership into a single 11.89 acre PUD. The properties consist of the homeless shelter on Tract A which is zoned C-4-GTMUD-MXD, and the former DeVoe Pontiac car dealership on Tract B which is zoned DeVoe Pontiac PUD and C-4-GTMUD-MXD. Tract B, the DeVoe Pontiac PUD is also part of Activity Center #16 and also has a 60-foot wide access easement known as Great Blue Drive which connects The Point at Naples apartments to Airport Road. Tract A has been developed with a 104-bed men’s and woman’s shelter and Tract B is developed with commercial uses including a restaurant, thrift store, and ancillary uses. (See the Location Map and the Master Plan on pages 2 and 3 of this Staff Report). The petitioner proposes to increase the number of homeless shelter beds from 104 to 150 beds and to specify a total of 130,000 square feet of general commercial, office, social service, and warehouse uses within the 11.89 acre PUD. The Master Plan has also been updated to reflect the proposed changes on pages 3 and 4. See attached Attachment A-Proposed Ordinance. SURROUNDING LAND USE AND ZONING: North: Glades Boulevard, a two-lane road, and then developed commercial land, with a zoning designation of C-4-GTMUD-MXD East: Developed multi-family with a zoning designation of RMF-16, and The Point at Naples Apartment complex, with a zoning designation of David A Gallman Estate PUD South: Developed commercial land, with a zoning designation of C-4-GTMUD-MXD, and the Collier County Government Complex with a zoning designation of Collier County Government Complex PUD West: Airport Road, a 6-lane divided minor arterial roadway, and then professional office parks and restaurants with a zoning designation of C-4-GTMUD-MXD 9.A.1.a Packet Pg. 10 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 6 of 16 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone and has found it consistent with the Future Land Use Element (FLUE) of the GMP. Subject Site 9.A.1.a Packet Pg. 11 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 7 of 16 Transportation Element: In evaluating this project, staff reviewed the applicant’s June 29, 2021 (revised) Transportation Impact Statement (TIS) and revised PUD Document for consistency with Policy 5.1 of the Transportation Element of the GMP. Policy 5.1 of the Transportation Element of the GMP states; “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current Annual Update and Inventory Reports (AUIR) or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five-year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” Staff finding: According to the TIS and revised PUD document the proposed change will allow an additional 46 shelter ALF beds for this facility. The TIS provided indicates that the proposed 46 beds will result in an additional +/- 12 PM peak hour, 2-way trips on the adjacent roadway segment of Airport Pulling Road. The trip cap developer commitment in PUD Exhibit F, A, has been modified to include the additional +/-12 PM peak hour, 2-way trips. The additional trips generated by this change will occur on the following roadway network using the 2021 AUIR: Roadway/Link # Link 2021 AUIR LOS Current Peak Hour Peak Direction Volume/Peak Direction Projected P.M Peak Hour/Peak Direction Project Traffic (1) 2021 Remaining Capacity Airport Pulling Road /3.0 Pine Ridge Road to Golden Gate Parkway. C 3,000/North 1/NB 986 9.A.1.a Packet Pg. 12 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 8 of 16 Airport Pulling Road/4.0 Golden Gate Parkway to Radio Road D 2,800North 2/NB 587 Airport Pulling Road/5.0 Radio Road to Davis Boulevard D 2,800/North 2/NB 670 Airport Pulling Road/6.0 Davis Boulevard to US 41 C 2,700/North 5/NB 1,036 Davis Boulevard/12.0 US 41 to Airport Pulling Road C 2,700/East 1/West 1,244 Davis Boulevard/13.0 Airport Pulling Road to Lakewood Boulevard C 2,000/East 1/West 538 1. Source for P.M. Peak Hour/Peak Direction Project Traffic is June 29, 2021; Traffic Impact Statement provided by the petitioner. Based on the TIS provided by the applicant and the 2021 AUIR, the subject PUD Amendment can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Transportation Planning staff further finds this petition consistent and is recommending approval of this request. Conservation and Coastal Management Element (CCME): Environmental Planning staff has found this project to be consistent with the CCME. The proposed changes do not affect any of the environmental requirements of the GMP. A total of 0.29 acres of native vegetation was required to be retained for the PUD in accordance with Site Development Plan (SDP) 98-82. The existing 0.29 acres of native vegetation has been placed in a Conservation Easement and dedicated to Collier County (OR 5699 Page 2572). GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the GMP. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the Collier County Planning Commission’s (CCPC) recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading “Zoning and Land Development Review.” In addition, staff offers the following analysis: 9.A.1.a Packet Pg. 13 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 9 of 16 Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. The proposed PUD changes will not affect any of the environmental requirements of the Hearing Examiner Decision No. 2020-29 (PDI PL20200000201). (See Attachment D-HEX No. 20-29. As previously stated, 0.29 acres of native vegetation have been placed under preservation and dedicated to Collier County (OR 5699 Page 2572). No listed animal species were observed on the property. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Landscape Review: The applicant’s deviation request includes one deviation from LDC landscape requirements. It is related to the South buffer. See Deviation Discussion section of this Staff Report. The remaining perimeter buffers are labeled consistent with the LDC and with Ordinance 97-14. Utilities Review: The project lies within the City of Naples potable water service area and south wastewater service area of the Collier County Water-Sewer District (CCWSD). Wastewater service is readily available via existing infrastructure on-site and connected to a County sewer within a County Utility Easement along the west side of the property, and sufficient wastewater treatment capacity is available. Adequate downstream wastewater system capacity must be confirmed at the time of development permit (SDP or Plans and Plat (PPL)) review through a thorough engineering analysis, which will be discussed at a mandatory pre-submittal conference with representatives from the Public Utilities Engineering and Project Management Division and the Growth Management Development Review Division. Any improvements to the Collier County Water-Sewer District’s wastewater collection/transmission system necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the Collier County Water-Sewer District at no cost to the County at the time of utilities acceptance. In the Adequate Public Facilities Letter dated July 28, 2021, the City of Naples confirmed adequate water treatment capacity for the proposed project and indicated any water distribution system improvements necessary to serve this project would be the responsibility of the developer to design, permit, and construct. Staff notes that the applicant has reversed the values reported on the Statement of Utility Provisions (submittal 3) for peak and average daily sewer demand. The peak and average are 22,440 and 14,960 GPD respectively. Zoning and Land Development Review: Currently, the subject properties are developed with a 104- bed homeless shelter on 2.34 acres (Tract A) and 64,000 s.f. of commercial land uses on 9.55 acres 9.A.1.a Packet Pg. 14 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 10 of 16 (Tract B). As previously stated, the proposed CPUD seeks to unify the properties under St. Matthew’s House, Inc. ownership into a single 11.89 acre PUD. Tract B, the former DeVoe used and new car dealership property, is approved for an unlimited quantity of C-1 thru C-5 and an Industrial land use. Tract B is currently the site of a restaurant, a thrift store, and ancillary uses. Tracts B and A are connected by a pedestrian and vehicular interconnection (See Attachment D- HEX NO. 20-05 and 20-29. The petitioner proposes to limit the commercial land uses to 130,000 square feet of C-1 thru C-5 throughout the PUD and proposes to increase the homeless shelter on Tract A to 150 beds. The proposed Development Standards are similar to the previously approved DeVoe Pontiac PUD standards. A minimum internal yard setback of 10 feet for principal structures and 5 feet for accessory structures has been added to the proposed St. Matthew’s House PUD. The proposed building heights are the same as the previously approved building heights of 50 feet zoned and 60 feet actual in the DeVoe Pontiac PUD. The Shelter has a proposed building height of 35 feet zoned and 50 feet actual which is less than the prescribed building height of 75 feet in the base zoning C- 4 district and 56 feet in the GTMUD. The Master Plan depicts the 30% required open space and required landscape buffers. Staff finds the proposed changes compatible with the neighborhood. REZONE FINDINGS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal bases to support the CCPC’s recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading “Zoning and Land Development Review Analysis.” In addition, staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map, and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with all applicable elements of the FLUE of the GMP. 2. The existing land use pattern. As described in the “Surrounding Land Use and Zoning” portion of this report and discussed in the zoning review analysis, the neighborhood’s existing land use pattern can be characterized as developed commercial to the north, south, and west, and residential to the east. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 9.A.1.a Packet Pg. 15 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 11 of 16 At the time the subject property was rezoned to a PUD, it was deemed to be of sufficient size and did not result in an isolated district unrelated to adjacent and nearby districts. The proposed PUD Rezone does not change this finding. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to combine property under its’ ownership into a single zoning district with standardizes development standards that will permit a unified development in the future. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD Rezone is consistent with the County’s land use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. As noted above, Transportation Planning staff finds this petition consistent with the GMP. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The overall drainage system is in place. The proposed PUD Rezone will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Rezone will not reduce light and air to adjacent areas inside or outside the PUD. Furthermore, the PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates that the locations of the existing preserve and open space areas should further ensure light and air should not be seriously reduced to adjacent areas. 9.A.1.a Packet Pg. 16 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 12 of 16 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff could find no evidence that the proposed PUD Rezone will adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The properties around the proposed St. Matthew’s House PUD are developed. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP approval process and PPL process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed Rezone does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations. However, the petitioner is seeking this PUD Rezone to add property and additional land uses into the PUD in compliance with LDC provisions. The proposed Rezone meets the intent of the PUD district. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Based on staff’s review of the proposed PUD Rezone, this petition has not been deemed as out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 9.A.1.a Packet Pg. 17 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 13 of 16 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. A portion of the property is developed with buildings, parking, and water management. According to the petitioner, future development and redevelopment will require little site alteration. Furthermore, future development will undergo evaluation relative to all federal, state, and local development regulations during the SDP approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.B.5 states that “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria:” 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject site is already developed with commercial land uses: a restaurant, retail store, administrative offices and a homeless shelter. As stated in the Transportation Review section of this staff report the proposed PUD complies with the GMP and the LDC. The subject site receives potable water and wastewater services from the City of Naples and the CCWSD respectively, and there are adequate water and wastewater treatment capacities available to future development as proposed by this petition. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. 9.A.1.a Packet Pg. 18 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 14 of 16 Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff has found this petition consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The landscaping and buffering standards are compatible with the adjacent uses. Staff has concluded that this Rezone will not change the project’s compatibility, both internally and externally. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. As noted above, Transportation Planning staff finds this petition consistent with the LDC and GMP. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. The City of Naples and the CCWSD have sufficient treatment capacities for water and wastewater services to the project. Conveyance capacities must be confirmed at the time of development permit application. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including City water and County wastewater mains, to accommodate this project. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9.A.1.a Packet Pg. 19 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 15 of 16 This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking two deviations related to habitable floor area and landscape buffering. DEVIATION DISCUSSION: The petitioner is seeking two deviations from the requirements of the LDC. The deviations are found in PUD Exhibit E “List of Deviations.” The deviation locations are depicted on the Master Plan. The petitioner’s rationale and staff analysis/recommendation are outlined below. Deviation #1 Deviation 1 seeks relief from LDC Section 5.05.04.C, “Group Housing - Table of site design standards for category I and category II group care facilities,” which requires a minimum habitable floor area (square feet) for homeless shelters as 1,500 + 150 for each person over six to allow a minimum habitable floor area of 100 square feet per bed. Petitioners Justification: This proposed standard simplifies the minimum floor area per person calculation for the shelter. Almost all administration functions for the shelter are located on Tract ‘B’ of the PUD. the shelter floor area can be expressed only on a per person/bed. There are no state standards that regulate the amount of square footage that is required for a homeless shelter. The proposed standard will assure a local minimum habitable floor area per shelter resident. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend Approval, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived without detrimental effect on the health, safety and welfare of the community” and LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” Deviation #2 Deviation #2 seeks relief from LDC 4.06.02, “Table 2.4, Table of Buffer Requirements by Land Use Classifications,” which requires a 10-foot Type A buffer to be provided between adjacent commercially zoned properties, to instead provide no buffer along the southern property boundary of the PUD. At the time of redevelopment of the portion of the PUD adjacent to the southerly property boundary which impacts the existing paved parking area at the southern property line, a 10 foot wide Type A landscape buffer shall be provided. Petitioners Justification: At the time of original development of the property, the conventional zoning district required no building setback and therefore no buffer was required. The property owner will provide the now required 10-foot wide Type A buffer at the time of redevelopment of the southernmost development area of the property if the existing parking and paved areas are impacted from the redevelopment. 9.A.1.a Packet Pg. 20 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) PUDR-PL20210000176, ST. MATTHEW’S HOUSE CPUD November 23, 2021 Page 16 of 16 Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend Approval, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived without detrimental effect on the health, safety and welfare of the community” and LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations.” NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on August 11, 2021, at Salvation Army Church, located at 3170 Estey Ave, Naples, Florida. Approximately one resident attended the meeting along with the Agent’s team, the Applicant, and county staff. The residents and the Agent/Applicant discussed the proposed number of beds, the total amount of commercial square footage, and the two deviations being requested. For further information, see attached Attachment E–NIM Transcript. Staff has received email correspondence opposing the proposed St. Matthew’s PUD from an attorney representing The Pointe of Naples rental apartments, located to the east of the subject property and north of the Collier County Jail. Please see Attachment F-Emails of Objection and Attachment F-1- Letter to CCPC and Exhibits. The rental apartments were approved on March 22, 1996, for 260 dwelling units of which 243 were affordable housing units. Please see Attachment G-Ordinance 96- 9. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for this petition on November 15, 2021. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDR- PL20210000176, St. Matthew’s House CPUD to the BCC with a recommendation of approval. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Resolution 99-87 Attachment C: Ordinance 97-14 Attachment D: HEX No. 20-05 and HEX No. 20-29 Attachment E: NIM Transcript Attachment F: Emails of Objection Attachment F-1: Letter to CCPC and Exhibits Attachment G: Ordinance 96-9 Attachment H: Application 9.A.1.a Packet Pg. 21 Attachment: Staff Report 11-23-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Page 1 of 1 SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: DECEMBER 16, 2021 SUBJECT: PUDR-PL20210000176, ST. MATTHEW’S HOUSE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) The St. Matthew’s CPUD was continued from the December 2, 2021, CCPC hearing to the December 16, 2021, CCPC hearing by the petitioner to address an opposing party’s issues. The PUD Document has been updated with areas of agreement between the two parties, but there are still outstanding areas of disagreement. Please note, based on these still pending issues, there may be additional revisions at the upcoming hearing from the Agent and opposing counsel. The following revisions have been made to the PUD Document: - Tract A Principal land uses are limited to ownership by a not-for-profit organization. - Probation offices, refugee services and public welfare centers are excluded from Tract A. - General warehousing and storage (4225) and refrigerated warehousing (4222) are accessory land uses. - Residential care, homeless shelters and group care facilities are prohibited on Tract B. - A 50-foot setback is required from the eastern project boundary. - Deviation #1 related to a minimum floor area of 100 s.f. per person is limited to Tract A. - Overhead loading area doors will not face east. - Loading and unloading will be limited to between the hours of 7 am to 9 pm, Monday thru Saturday. - A 15-foot wide Type B Landscape Buffer will be provided along the David A. Gallman PUD boundary at the time of Site Development Plan (SDP). Please see Attachment A-Proposed PUD Ordinance. 9.A.1.b Packet Pg. 22 Attachment: St. Matthew's House Supplemental Staff Report 12-9-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.c Packet Pg. 23 Attachment: Attachment A - Proposed PUD Ordinance - 120721 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.c Packet Pg. 24 Attachment: Attachment A - Proposed PUD Ordinance - 120721 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.c Packet Pg. 25 Attachment: Attachment A - Proposed PUD Ordinance - 120721 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.c Packet Pg. 26 Attachment: Attachment A - Proposed PUD Ordinance - 120721 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.c Packet Pg. 27 Attachment: Attachment A - Proposed PUD Ordinance - 120721 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.c Packet Pg. 28 Attachment: Attachment A - Proposed PUD Ordinance - 120721 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.c Packet Pg. 29 Attachment: Attachment A - Proposed PUD Ordinance - 120721 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.c Packet Pg. 30 Attachment: Attachment A - Proposed PUD Ordinance - 120721 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.c Packet Pg. 31 Attachment: Attachment A - Proposed PUD Ordinance - 120721 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.c Packet Pg. 32 Attachment: Attachment A - Proposed PUD Ordinance - 120721 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.c Packet Pg. 33 Attachment: Attachment A - Proposed PUD Ordinance - 120721 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 4i RESOLUTION 99~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ADDITIONAL TWENTY (20) BEDS TO AN EXISTING HOMELESS SHELTER CONDITIONAL USE "9" IN THE C-4 ZONING DISTRICT PURSUANT TO SECTION 2.2.15.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the. State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "9" of Section 2.2.15.3. in a C-4 Zone for an additional twenty (20) beds to an existing homeless shelter on the property hereinafter described, and has found as a matter of fact Exhibit "An) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented.' NOW, THEREFORE BE IT RESOLVED, BY,THE BOARD OF ZONING APPEAL1IIItCollierCounty, Florida that: 1.._...'-...___~...._.,__...~." 9.A.1.d Packet Pg. 34 Attachment: Attachment B-Resolution 1999-087 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) The petition fil~d by J/I'I Associates, P.A., re~~esenting Robert Duncan for the Task Force for of Q. Grady Minor & the Homeless with respect to the property hereinafter described as: Lot 1, Block K, The Glades, Unit Two, as recorded in Plat Book 10, Page 88, of the Public Records of Collier County, Flor ida. .'~ l::~':';:~:.~~~':'tjl' ,;;' ~" ..' be and the same is hereby apPt~ved:tt~;,'iConditional Use .. 9" of Section t.,." 2.2.15.3. of the C-4 Zoning Districtt~for an additional twenty (20) beds to an existing homeless shelter in accordance with the conditions: Conceptual Master Plan (Exhibit "8") and subject to the following il_: :iJ-~'~. ;:~\' . Exhibit "C" which is attached hereto and incorporated by reference herein. ' S~j:~:f;.;:f:;~';i BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~(r7~ day Of~1'1l'I-l'"'1 ' 1999. ATTF;ST t'; i'l QWIGHT E. B~O~K, Clerk f~"~; I . . . il1~C A'p~oV'e~"h- tp Form and Legal Sufficiency: i.J!., . ~ ,~\~. . . r~~~1M~t~ Assistant County Attorney tICU-98-24 RESOLUTION fi'ta(::~1::~~:.;t;,~. 7,': ,tBOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 7()/ U"(J)")LLV~8'1.1 ...0 PAMELA S. MAC' KIE7~ HAIRWOMAN I-J~. (i'i . i~ ' ~::- 9.A.1.d Packet Pg. 35 Attachment: Attachment B-Resolution 1999-087 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) c?i'.'_~. 1., 1.7.!':~,.,' 4..~. f'..( J'~ ;ii:,iii~., ",.' f'- r:.'\ c~ 1'i~..t..." ,c i:~ ;~ f ;?;.. I p... 1.....:;.1<, IJ/}'I FINDING OF FACT 8Y COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-24 The following facts are found: 1. Section 2.2.15.3.9 of the Land Development Code authorized the conditional use. 2.Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Management Plan: ~ Yes ~ No 8. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingr~~s & e.gress Yes ~ No. .\. C. Affects neighboring properties in relation to noise, gs<re, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wibQjn district Yes ~ No Based on the above f~ndings, this conditional use should, with stiPulatio~sfXi[o~~tta~hed) (should not) be recomm.e nded for approval ".. I) l\ ''---. '-- ~. _~ DATE'~ CHAIRMANif .~ , . f/FINDING OF FACT CHAIRMAN/CU-98-24 Exhibit A I~~t:.;::; i!,,::: f;'~ t j~: l-:""~:':...:, o-A.. f, Ai:~f:: l.,~ 1": 9.A.1.d Packet Pg. 36 Attachment: Attachment B-Resolution 1999-087 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 1 . p I an I!;'::1 c::::t t ~ -:a:: r I -1 , . ~ I ., i "'" E lJlt ~ J!; ~ r I~ ff';;;: lai . f~:~: P~_~iV,~'I'! It ow) "E': 'I.JJJil JJ 'fi7'.".e;..1a f I I I~i t. IE7 I . 5 r. I 1;1 U~ p s s J t li~ II I Ijt!il q iil j ~Pl~ i l!~.t I ; Ii L; i~lUll: i I CU 98-24 j t".,." l-::"'J'H ~ j J -, ~J '1 -. oq ,,\ '. ~ 4 a l ( , u i H; ~ 1 ~I J~t. 8~ sf i; :::; i. .I"'':'' H '~ i i OJ "" I r. i II J "" a m I ~~ I( I ua~ I:: t ., i UI; I~: . 2:.__ Exhibit B j'"9.A.1.dPacket Pg. 37Attachment: Attachment B-Resolution 1999-087 (20792 : PL20210000176, St. Matthew's House CPUD - k'.. t" ,.: i!.~(, l",,":',', ;f . f. .'\ f'(,:f:.'._~ Exhibit C Subject to the following conditions: 1. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Collier County Land Development Code. 2. An exotic vegetation removal, monitoring, and maintenance (exotic rree) plan for the site shall be submitted to Current Planning Environmental staff for review and approval prior to final site plan/construction plan approval. 1J'1~!._j~ nfj;";: fL ~:'>.:", t'; 3fJ1 ~' c~iI.; - I'; r'" 1- .:':- 9.A.1.d Packet Pg. 38 Attachment: Attachment B-Resolution 1999-087 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 39 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 40 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 41 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 42 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 43 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 44 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 45 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 46 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 47 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 48 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 49 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 50 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 51 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 52 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 53 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 54 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 55 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.e Packet Pg. 56 Attachment: Attachment C-Ord. 97-14 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) HEX NO. 2020-05 HEARING EXAMINER DECISION DATE OF HEARING. August 27, 2020 PETITION. Petition PDIPL20200000201: DEVOE PONTIAC PDI — A request for an Insubstantial Change to Ordinance Number 97-14, the DeVoe Pontiac Planned Unit Development, to revise the Master Plan to add a pedestrian and vehicular interconnection with the adjacent property to the north.The subject property,consisting of 4.55+/-acres,is located on the east side of Airport Road, approximately 250 feet south of Glades Boulevard, in Section 12, Township 50 South, Range 25 East,Collier County, Florida. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 2. The public hearing was conducted electronically and in-person in accordance with Emergency/Executive Order 2020-04. 3. The Petitioner andor Petitioner's representative executed the Hybrid Virtual Quasi-Judicial Public Hearing Waiver related to conducting the public hearing electronically and in-person. 4. The Petitioner and'or Petitioner's representative presented the Petition, followed by County staff and then public comment. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and'or the Petitioner's representative(s), County staff and any given by the public,the Hearing Examiner finds that there is sufficient competent, substantial evidence as applied to the criteria set forth in Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve Petition. Page 1 of 3 9.A.1.f Packet Pg. 57 Attachment: Attachment D-HEX 20-05 and HEX 20-29 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DECISION. The Hearing Examiner hereby APPROVES Petition Number PDI-PL2020000020, filed by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. representing St. Matthews House, Inc., with respect to the property as described in the DeVoe Pontiac Planned Unit Development PUD, Ordinance No. 97-14, for the following insubstantial change: To add a vehicular and pedestrian interconnection within property under common ownership. Said changes are fully described in the Site Development Plan Amendment with Interconnection Note(PL20180002477)attached as Exhibit"A" and are subject to the condition(s)set forth below. ATTACHMENTS. Exhibit A Site Development Plan Amendment Sheet with Interconnection Note(PL2018002477) LEGAL DESCRIPTION. See Ordinance No. 97-14, the DeVoe Pontiac Planned Unit Development PUD. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. Pursuant to Section 125.022(5)F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. Page 2 of 3 9.A.1.f Packet Pg. 58 Attachment: Attachment D-HEX 20-05 and HEX 20-29 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 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. A (/ W e..,.,t____-•,_-,—,. - Date Andrew Dickman, Esq., AICP Hearing Examiner Page 3 of 3 9.A.1.f Packet Pg. 59 Attachment: Attachment D-HEX 20-05 and HEX 20-29 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Willi t> IIliiii IONdi R P w dyy aI Pi a i 1 i ai wLNER UNE IP 8Mo IR 11. . T i. 11 . Iw al yt f 1 Et i P g T—— y Il dla I <Il75— i q 11 i FM i® ', I ortt i d Wi L 1111I = ' t d. I i; , 1 1 7 a 1" fi CYOONI. 4AVENUE IPUE IC) 13I % i,'\ pry I( L E i ! T® b Dr ; - , 1 ! Ic Ito t, g14 a ai' i f a: Y _ Li' • I . ! I. S O lix — i ? ba i it 8 77ikil IM I . l a' 1 Il J6 ' 7 ° t1 Res' - JJ • t a q l ij J gi 4- i. ,( 4 I 1 tF. . i r - i } ° i } toll it. 1• 13 I: T '. _ i - i; s • $ a 1 — =. f. fX Ilk i II Cil i, 1 de yp` 9 Sa 1i Z fJ. EUEAI. VENUE, PUEEN: 79° i Al f 9. IGi • l>< i C a. RlAlE ! OR ! PR VAKI I 111 1 l8.II 2 y it 0 1 2 r 9 1 5 Ili 111 Waif 1 Ill i lE 1 r. E P• Z 4 i is il v.-- w.. 03. 03ww3. 3. w... ornhw.,. ra: 3 T-:— ..... li.- EXHIBIT " A" 9.A.1.f Packet Pg. 60 Attachment: Attachment D-HEX 20-05 and HEX 20-29 (20792 : PL20210000176, St. Matthew's House CPUD Page 1 of 3 HEX NO. 2020-29 CORRECTIVE HEARING EXAMINER DECISION (To Correct Scrivener’s Error in Hex No. 2020-05) DATE OF HEARING. This CORRECTIVE DECISION is approved on December 15, 2020, in order to correct a scrivener’s error in HEX Decision No. 2020-05, wherein an exhibit to the decision was inadvertently not included. PETITION. Petition PDIPL20200000201: DEVOE PONTIAC PDI – A request for an Insubstantial Change to Ordinance Number 97-14, the DeVoe Pontiac Planned Unit Development, to revise the Master Plan to add a pedestrian and vehicular interconnection with the adjacent property to the north. The subject property, consisting of 4.55+/- acres, is located on the east side of Airport Road, approximately 250 feet south of Glades Boulevard, in Section 12, Township 50 South, Range 25 East, Collier County, Florida. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 2. The public hearing was conducted electronically and in-person in accordance with Emergency/Executive Order 2020-04. 3. The Petitioner and/or Petitioner’s representative executed the Hybrid Virtual Quasi-Judicial Public Hearing Waiver related to conducting the public hearing electronically and in-person. 4. The Petitioner and/or Petitioner’s representative presented the Petition, followed by County staff and then public comment. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County’s staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner’s representative(s), County staff and any given by the public, the Hearing Examiner finds that there 9.A.1.f Packet Pg. 61 Attachment: Attachment D-HEX 20-05 and HEX 20-29 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Page 2 of 3 is sufficient competent, substantial evidence as applied to the criteria set forth in Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number PDI-PL2.020000020, filed by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. representing St. Matthews House, Inc., with respect to the property as described in the DeVoe Pontiac Planned Unit Development PUD, Ordinance No. 97-14, for the following insubstantial change: • To add a vehicular and pedestrian interconnection within property under common ownership. . Said changes are fully described in the Site Development Plan Amendment with Interconnection Note (PL20180002477) attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A – Site Development Plan Amendment Sheet with Interconnection Note (PL2018002477) Exhibit B – DeVoe Pontiac PUD Master Plan LEGAL DESCRIPTION. See Ordinance No. 97-14, the DeVoe Pontiac Planned Unit Development PUD. 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 9.A.1.f Packet Pg. 62 Attachment: Attachment D-HEX 20-05 and HEX 20-29 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Page 3 of 3 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 Andrew Dickman, Esq., AICP Hearing Examiner 9.A.1.f Packet Pg. 63 Attachment: Attachment D-HEX 20-05 and HEX 20-29 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) EXHIBIT “A” 9.A.1.f Packet Pg. 64 Attachment: Attachment D-HEX 20-05 and HEX 20-29 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.fPacket Pg. 65Attachment: Attachment D-HEX 20-05 and HEX 20-29 (20792 : PL20210000176, St. Matthew's House CPUD EXHIBIT “B” 9.A.1.f Packet Pg. 66 Attachment: Attachment D-HEX 20-05 and HEX 20-29 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 0 200'100' SCALE: 1" = 200' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" 9.A.1.f Packet Pg. 67 Attachment: Attachment D-HEX 20-05 and HEX 20-29 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 9.A.1.f Packet Pg. 68 Attachment: Attachment D-HEX 20-05 and HEX 20-29 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) St. Matthew’s House PUD Rezone (PL20210000176) 8-11-2021 NIM Transcript Page 1 of 5 Wayne Arnold: All right. Good evening. I’m Wayne Arnold of Grady Minor and here representing Saint Matthew’s House Organization tonight. This is Steve Brooder, the COO of the organization. Jill Mesner is also with Saint Matthew’s House. Debrah Forester is here with Collier County Gateway Triangle CRA. Nancy Gundlach is a principal planner with the zoning department for Collier County. Frank Feeney is one of our engineers with Grady Minor and this is Sharon Umpenhour, who’s recording the meeting tonight and she’s with Grady Minor and Associates. So, we’re here representing the Saint Matthew’s House. And the property is property that they own entirely, it’s outlined in the aerial photograph. And it makes up what was the old Devoe Pontiac site as well as the existing Saint Matthew’s House shelter facility at Glades Boulevard. And we are rezoning the properties into a consolidated, planned unit development for the organization. Part of the properties are zoned C4 Commercial. As part of the overlay. [00:01:00] And then, part of it’s the old Devoe Pontiac PUD. A piece in the middle of the zone, PUD. It allows for certain uses. So, we’re taking all of the C4 and PUD property and recombining them into one singular PUD to allow Saint Matthew’s House to utilize that in the future for their campus and future development on the site. The shelter was approved back in, I think year 1999. [00:01:30] And it allows 104 beds. We’re asking for that number to be increased up to 150 in the future. Steve Rigsbee: I’m hard of hearing, couldn’t hear it. Wayne: Okay. What part didn’t you hear? Steve R: I heard [inaudible] that’s the last I heard. Wayne: No, I didn’t. I said that’s zoned for 104 beds, for their shelter. Steve R: Yeah. Wayne: That we’re proposing to increase that number to 150 beds over time. Steve R: Absolutely unacceptable. Wayne: Okay, thanks. I’m gonna go ahead and finish the presentation, okay? [00:02:00] So, we’re proposing a master plan that establishes Tract A, which would be where the existing shelter is located. And all the future shelter improvements would also be 9.A.1.g Packet Pg. 69 Attachment: Attachment E-NIM Transcript (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) St. Matthew’s House PUD Rezone (PL20210000176) 8-11-2021 NIM Transcript Page 2 of 5 located on that Tract. It’s at the Glades Boulevard, Airport Road Facility. And then we’ve outlined Tract B, which allows conventional C4 Commercial type uses, and some other incidental uses that would be related to the administration of Saint Matthew’s House and some other of their thrift store and things of that nature. [00:02:30] We have a list of permanent uses in the PUD document [inaudible] [00:02:36]. And breaks it out by Tract A, the shelter facility. And Tract B, which would all be commercial uses. We’ve created development standards that are required. The standards are very comparable to what’s allowed there today. And as for the present two deviations. [00:03:00] One related to the shelter, which allows a different per square foot conversion than the LDC requires. And we’ve also asked for a buffer deviation and staff has asked us to provide for because the original Devoe Pontiac building was constructed before buffer requirements were there. So, if we make substantial revisions, they’ve asked us to add in buffers for code. So, those are the two deviations from code that we’ve currently asked for. And just from a process standpoint, this is the required neighborhood information meeting. [00:03:31] So, we filed the zoning application. We’ve had a round of review comments from staff. We’re required to hold this meeting before we can proceed to public hearing. So, at some point in the next few months, we will be holding a public hearing for the Collier County Planning Commission. And then they’ll make a recommendation on our proposal to the Board of County Commissioners. And so, in a nutshell, it’s a pretty simplistic application. They’re presently allowed all the commercial uses today that we’re asking for under the comprehensive plan and the overlay. [00:04:01] And then, we have the shelter, which really, the significance of the increase over time would be from the 104 beds to 150 beds as they grow that facility over time. So, in a nutshell, that’s kinda where we are. We don’t have hearing dates established yet. If you received a notice for this meeting, you’ll get a notice for the upcoming planning commission hearing from staff. And then there will be signs posted on the property. The big 4 by 8 sheets of plywood that have the advertising information on them. [00:04:32] As we get closer to the hearing. So, with that in a nutshell, I’ll be happy to try to answer any questions you might have. 9.A.1.g Packet Pg. 70 Attachment: Attachment E-NIM Transcript (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) St. Matthew’s House PUD Rezone (PL20210000176) 8-11-2021 NIM Transcript Page 3 of 5 Steve R: Why do you want to keep importing people from all over the country to a place only, that I know of after 38 years of being sober, two people have made it out of your Matt’s House? Speaker: What is your name, sir? Steve R: Or the three people that were convicted of rape coming out of the Saint Matt’s House. [00:05:00] Wayne: I don’t think the comment deserves a response. Steve R: I’m sorry? Wayne: I don’t think your question deserves a comment from me. Steve R: You don’t think you should answer the public? Wayne: You provided an opinion and I’m happy to take it. We’re recording the minutes and we’ll let the others decide. But I don’t think that’s a fair question. Steve Brooder: It’s irrelevant. Wayne: Any other comments? Steve R: Your people come into my neighborhood in Wilmer Heights, they rob, and they steal. [00:05:30] And that’s acceptable? No, it’s not. I live on Andrew Drive. Wayne: Okay. Steve R: Alusa is right across the street from where you put the other place. You’d be in 1,000 feet of your present situation if you incorporated all that, plus the other place down there where the old fire station used to be. [00:06:00] So, you’re in violation of your own ordinance. Wayne: I’m not aware that we’re in violation of any ordinance. Steve R: Well, I’m telling you, you have to be 1,000 feet away from a halfway house. That’s the law. That’s what’s written. Wayne: The shelter is not within 1,000 feet of any other shelter. Steve R: I’m sorry? 9.A.1.g Packet Pg. 71 Attachment: Attachment E-NIM Transcript (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) St. Matthew’s House PUD Rezone (PL20210000176) 8-11-2021 NIM Transcript Page 4 of 5 Wayne: The existing shelter is not within 1,000 feet of any other shelter. Steve R: Okay. Well, it wouldn’t be within this expansion? [00:06:30] Wayne: The shelter is only allowed on the existing location where it’s located today. Steve R: I’m sorry, sir. You’re gonna get a fight from my area. Wayne: That’s why we hold the meetings, you’re allowed to express your opinion and participate in the public process. Do you have any other questions or comments for us? Steve R: Just that, I don’t understand why you advertise all over the country to come here and get well. [00:07:00] And nobody makes it out of there. And then if they break the rules, you put them on the street. I’ve been at meetings where people say, we have nothing to do. Because we have to come back at 3:00. They don’t do anything. They don’t go out and look for jobs, they don’t do anything. I’ve seen it more than half a dozen times. Wayne: I really can’t comment on those incidents. [00:07:30] I stand behind Saint Matthew’s House, they do great work in the community and they’re more than just the shelter, as you can imagine. Steve R: And a multi-million-dollar enterprise. All you do is advertise and bring people into this community that can’t get well, that don’t know how to get well. Wayne: I’m not gonna debate you, sir. But I don’t think the shelter advertises for people to come here from all over the country. Steve B: We don’t advertise. No. Wayne: That’s not true. Steve R: Maybe you don’t. Wayne: No, sir. Steve B: No, sir. I can say, we don’t advertise for people to come to our shelter. Steve R: I’m sorry, I’m hard of hearing. [00:07:59] 9.A.1.g Packet Pg. 72 Attachment: Attachment E-NIM Transcript (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) St. Matthew’s House PUD Rezone (PL20210000176) 8-11-2021 NIM Transcript Page 5 of 5 Steve B: I can say, we do not advertise for people to come to our recovery programs or our shelter. Steve R: Okay. Steve B: Absolutely, do not. Steve R: Then I was mistaken, and I apologize for that. Steve B: Yeah. Okay. Wayne: Anything else? Appreciate you coming out. Steve R: Thank you. Wayne: Thank you. Anything else from Nancy or Deb? Then we’re adjourned? Thank you. [End of Audio] Duration: 9 minutes 9.A.1.g Packet Pg. 73 Attachment: Attachment E-NIM Transcript (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.hPacket Pg. 74Attachment: Attachment F-Emails of Objection 11-10-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.hPacket Pg. 75Attachment: Attachment F-Emails of Objection 11-10-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.hPacket Pg. 76Attachment: Attachment F-Emails of Objection 11-10-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.hPacket Pg. 77Attachment: Attachment F-Emails of Objection 11-10-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.i Packet Pg. 78 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.i Packet Pg. 79 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.i Packet Pg. 80 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.i Packet Pg. 81 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.i Packet Pg. 82 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Folio Number: 00389880006Name: WEST SHORE POINT NAPLESLLCStreet# & Name: 2155 GREAT BLUEDRBuild# / Unit#: 010 /Legal Description: 12 50 25 FROMSW COR SEC RUN N 2836.80FT,E270 FT TO POB, N 990FT, E 1120FT,S 1320FT, W 660FT, N 330FT, W460FT TO POB 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied areprovided for the data herein, its use, or its interpretation.9.A.1.iPacket Pg. 83Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. 9.A.1.i Packet Pg. 84 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.i Packet Pg. 85 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.i Packet Pg. 86 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.i Packet Pg. 87 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 1 | Page EXPERT OPINION BY CECELIA WARD, AICP PRESIDENT JC CONSULTING ENTERPRISES INC. 18081 SE Country Club Drive, Unit 313 Tequesta, Florida PH: (954) 815-4298 cward@jcconsultinginc.net DATE PREPARED: November 22, 2021 Application: St. Matthew's House Inc. Commercial Planned Unit Development Number: Collier County, FL - PL20210000176 Outline of Expert Opinion Report Part I – Introduction and Application Background .................................................... 2 Part II - Cecelia Ward – Summary of Expert Opinion ................................................. 4 A. Summary of Findings and Conclusions ...................................................................... 4 Part III– Not in Compliance with Collier County PUD Evaluation Criteria .................. 6 A. Section 10.02.13. A. Inconsistent with the Collier County Community Character Plan 6 B. Not in Compliance with Subsection 10.02.13.B. of the LDC - Procedures for PUD Zoning .............................................................................................................................. 6 C. Not in Compliance with LDC Section 10.02.08 F – Rezoning Criteria .......................... 7 EXHIBITS ................................................................................................................. 11 EXHIBIT 1 ....................................................................................................................... 12 Timeline of Prior Rezonings and Recordation of Approvals ............................................................. 12 EXHIBIT 2 ....................................................................................................................... 13 Findings of Inconsistency with the Collier County Community Character Plan ............................... 13 EXHIBIT 3 ....................................................................................................................... 15 Not in Compliance with Subsection 10.02.13.B. of the LDC - Procedures for PUD Zoning .............. 15 EXHIBIT 4 ....................................................................................................................... 21 Findings of Inconsistency with Collier County Growth Management Plan ...................................... 21 EXHIBIT 5 ....................................................................................................................... 27 Not in Compliance with LDC Section 10.02.08 F – Rezoning Criteria ............................................... 27 9.A.1.i Packet Pg. 88 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2 | Page Part I – Introduction and Application Background I, Cecelia Ward, AICP, President of JC Consulting Enterprises Inc., have been retained by West Shore Point of Naples LLCP to provide my expert planning opinions regarding the St. Matthew’s House Inc. [“the applicant”] application for rezoning and Planned Unit Development (PUD) amendments for property located in Collier County, just west of and adjacent to The Point at Naples multifamily residential apartments owned by West Shore Point of Naples LLP. The subject property is comprised of two tracts of land owned by St. Matthews House Inc., with a total of 11.89 acres, located on the southeast corner of Airport Pulling Road South and Glades Boulevard. The Point at Naples Apartments West Shore Point of Naples LLP Property 9.A.1.i Packet Pg. 89 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 3 | Page In January 2021, the applicant initially submitted a Conditional Use application requesting an increase in the number of existing homeless beds located on the 2.55 acres (Tract A) of the St. Matthews House property. In March 2021, the applicant requested a change from the Conditional Use application to expand its request to include Tract B, which encompasses 9.55 acres, to unify the St. Matthew’s House properties, and to provide for a rezoning from C-4 Commercial (Gateway Triangle Mixed Use) and an amendment to the existing DeVoe Pontiac Commercial Planned Unit Development (CPUD) and expanding the PUD designation to encompass the total development site of 11.89 acres. The Collier County staff administratively approved the change in application and did not require a new application to be submitted. The applicant proposes to combine the subject property into a single Commercial Planned Unit Development (CPUD) by a) rezoning those portions of the site presently zoned C-4 Commercial/ Gateway Triangle Mixed Use District, and b) amending the existing DeVoe Pontiac Commercial Planned Unit Development (CPUD). The entire property would be known as the St. Matthew’s House CPUD, as reflected in Collier County Case No. PL20210000176. Tract “A” of the subject property was developed as a 104-bed men’s and women’s homeless shelter via approval of a Conditional Use by Resolution 99-87) that included a restaurant, thrift store and additional ancillary uses. 9.A.1.i Packet Pg. 90 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 4 | Page The proposed rezoning would further concentrate and convert the entire site into a social service campus that increases the number of homeless beds located on Tract A from 104 to 150 and increases the total permitted square footage of commercial use from 64,000 s.f. to 130,000 s.f. to include additional refrigerated warehouse and distribution space, additional to administrative social service offices, and ancillary restaurant, thrift store, and used vehicle sales spaces. The application further requests deviation from the Collier County Land Development Code (LDC) to allow for less square feet of habitable space than what is required by the LDC to accommodate the increase in the number of beds and relief from certain landscape buffer requirements, as follows: o Relief from LDC Section 5.05.04.C. Group Housing to reduce the required minimum habitable floor area for homeless shelters from 1,500 s.f. plus 150 s.f. for each person over six, to allow a minimum habitable floor area of 100 s.f. per bed. o Relief from LDC Section 4.06.02. Table 2.4 Buffer Requirements by Land Use Classification, which requires a 10 ft. Type A Buffer to be provided between adjacent commercially zoned properties to instead provide no buffer along the southern property boundary of the proposed PUD. The applicant proposes to include a 10 ft. wide Type A landscape buffer at the time of redevelopment of that portion of the PUD that is adjacent to the southern property boundary that impacts the existing paved parking area at the southern property line. A timeline of prior rezonings and recordation of approvals relative to the subject property has been provided in Exhibit 1. Part II - Cecelia Ward – Summary of Expert Opinion A. Summary of Findings and Conclusions Based on my review of the information related to the St. Matthew’s House CPUD Application PL L20210000176, the Collier County Growth Management Plan, the Collier County Community Character Plan and Collier County Land Development Code, it is my professional opinion that the application is: 1) Inconsistent with the Collier County Growth Management Plan. 2) Not in compliance with the Collier County Land Development Code Regulations Section 10.02.13 (PUD) and Section 10.02.08 (Rezonings). 3) Incompatible with the adjacent multifamily residential use. 4) Not complementary to the adjacent multifamily residential use. 5) Inconsistent with the Collier County Community Character Plan. Part III of this report provides my findings of each of the evaluation criteria, with supporting documentation provided in Exhibits 2-5. Additionally, it is my professional opinion that the following issues have not been considered, 9.A.1.i Packet Pg. 91 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 5 | Page but are required to be considered by Collier County in its review of this application: 1) The failure to review the elimination of prohibition of homeless shelter use: The proposed list of Permitted and Accessory Uses (Appendix A of the Application) would eliminate the current prohibition of homeless shelters on all of Tract “B”, namely the 9.55- acre southerly portion of the subject property. This includes the DeVoe Pontiac CPUD site (Ordinance 97-14). As to current permitted uses, the DeVoe Pontiac CPUD provides in part: “Group care facilities (Category I and II, except for homeless shelters); care units, except for homeless shelters; and nursing homes, subject to section 2.6.26.” This “change in permitted/prohibited use” by now permitting a homeless shelter on Tract “B” has not been clearly identified in the application and neither has it been addressed by the applicant nor addressed by the staff in its review of application. 2) The failure to review the potential future expansion of homeless beds: Approval of the rezoning in combination with increasing the total approved square footage on the entire site to 130,000 sf of commercial use could result in the development of additional homeless shelter beds across the entire 11.89 acre site. As such, it is unclear whether or not the requested additional commercial square footage could be converted to accommodate additional future homeless shelter beds. 3) The failure to review the potential impact resulting from requested deviation in required habitable space for homeless shelter beds: The applicant is seeking a deviation in the minimum square foot required per bed, i.e. from 150 sq. ft/bed to 100 sq. ft/bed, which would result in a much denser concentration of homeless beds on the subject property. a) We are not aware of any review by the County staff as to whether or not the request complies with the occupancy requirements of the Florida Building Code. b) We are not aware of any review regarding whether the direct increase in beds and potential conversion of additional square footage [without a standard for calculation of square footages] could have the effect of concentrating these uses and services to a single site, causing a saturation of such social service uses, that could adversely affect adjoining residential properties (people, vehicles, noise, litter, outdoor activities). c) We are not aware of any review of the potential impact on the welfare of the homeless residents caused by a significant reduction in the minimum required square foot area for each bed as proposed by the applicant: 4) The failure to review the traffic impacts and parking Impacts that have not adequately been addressed: There has been no independent review of the applicant’s traffic analysis and the potential traffic, parking and loading impacts that may result from: a) Significant increase in commercial square feet and uses; and, b) Increase in the number of residents, adding more personnel and administrative staff; and, c) Parking, loading and trips generated from proposed restaurant, soup kitchen, used vehicle donations and sales. d) Traffic impacts on the Tract “B” 60-foot-wide access easement as recorded and shared with the adjoining Point at Naples residential development. 9.A.1.i Packet Pg. 92 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 6 | Page 5) The failure to review the Health, Safety and Welfare Issues: a) Various code violations have been asserted in relation to vagrancy associated with the existing homeless shelter. These violations have impacted the adjacent multifamily residential development. 1. There has been no review of the potential for increased vagrancy impacts as a result of the proposed increase in the number of beds of the existing facility. 2. There has been no operation and maintenance information provided by the applicant that addresses current and potential future vagrancy and property management impacts. b) The applicant should provide similar information in relation to the operation and maintenance of the existing thrift store and used vehicle sales lot at the south end of the proposed CPUD, which would require additional monitoring and maintenance. Part III– Not in Compliance with Collier County PUD Evaluation Criteria Pursuant to LDC subsections 10.02.13 (PUD Criteria), 10.02.08 (Rezoning Criteria) and Chapter 3 G. of the Administrative Code (Process), staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. The following provides a review of these evaluation criteria, which illustrates that the application does not comply with the review and evaluation criteria contained in said LDC Sections 10.02.13 and 10.02.08, as further addressed herein. A. Section 10.02.13. A. Inconsistent with the Collier County Community Character Plan According to Subsection A. Generally.1. PUD master plan. “The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for development and redevelopment in the PUD district. The Administrative Code shall establish the information to graphically illustrate the development strategy.” Findings: While this is a guide that should be referenced for development and redevelopment of a PUD, the application does not include any review of compliance with the Community Character Plan for Collier County, which would otherwise demonstrate that the application is not in compliance with this Plan as further illustrated in Exhibit 2 of this report. B. Not in Compliance with Subsection 10.02.13.B. of the LDC - Procedures for PUD Zoning Subsection 10.02.13 B requires petitions for rezoning to PUD to comply with the rezoning criteria contained in LDC Section 10.02.08, addressed later in this report, and to be processed in accordance with the following PUD criteria for review, including amendments to PUDs. Findings Generally: The application is not in compliance with the PUD rezoning criteria as required under LDC Section 10.02.13.B, as discussed below. Additional supporting 9.A.1.i Packet Pg. 93 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 7 | Page documentation for these findings is provided in Exhibit 3. • Findings criteria (a): The physical characteristics of the property are not well suited for expansion of the homeless shelter use and creation of a campus for social service, retail and office uses in relation to the surrounding area, traffic and access and infrastructure. • Findings criteria (b): No comments. • Findings (c): The application is Inconsistent with the Future Land Use Element and the Conservation Element of the Collier County Growth Management Plan 1 as illustrated in Exhibit 4. • Findings criteria (d): The proposed social service campus uses are incompatible with the adjacent multifamily residential development. • Findings: criteria (e) The application does not address compliance with the open space commitments made under the DeVoe Pontiac CPUD. • Findings criteria (f): There is no phasing of development provided in relation to the proposed PUD to be able to assure the adequacy of available public and private improvements based on the timing or sequence of development. • Findings criteria (g): The application contains no analysis to demonstrate the ability of the subject property and the area to accommodate expansion of the homeless shelter use and resultant concentration of homeless shelter and ancillary social services uses without analysis of the impact of such expansion on the surrounding area. • Findings criteria (h): The application does not provide justification for the deviations requested. C. Not in Compliance with LDC Section 10.02.08 F – Rezoning Criteria The LDC requires that the “When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: “ Findings Generally : The application is not in compliance with the criteria set forth in LDC Section 10,02.08 for rezoning of the subject property as further addressed herein. Further documentation in support of these findings is provided in Exhibit 5. 1 Future Land Use Element as of Ordinance No. 2021-12, adopted March 9, 2021, Collier County Growth Management Plan - Future Land Use Element as of Ordinance No. 2021-12, adopted March 9, 2021 9.A.1.i Packet Pg. 94 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 8 | Page • Findings criteria (1): The proposed change is inconsistent with the goals, objectives and policies of the Collier County Growth Management Plan, as outlined in this report. • Findings criteria (2): The existing land use pattern is not supportive of the rezoning of the properties from C-4 GTMUD-MXD and PUD to CPUD, as outlined in this report. • Findings criteria (3) The uses proposed in the application do not lend themselves to fully integrate with the residential neighborhood. • Findings criteria (4): No evidence has been presented that demonstrates that the existing zoning district boundaries are illogically drawn in relation to existing conditions on the property. • Findings criteria (5): Change in ownership in and of itself does not automatically warrant the proposed amendment as being necessary. The rezoning will in fact result in the ability to change the conditions of development of the subject property by expansion of homeless shelter use into an area where such use is currently prohibited. • Findings criteria (6): The proposed change will adversely influence living conditions for both the existing homeless group home on Tract A and adjacent residential uses to the east. • Findings criteria (7): The applicant’s traffic analysis does not address the impacts from traffic resulting from a “doubling” of the commercial sf (from 64,000 sf to 130,000 sf), nor does it address the potential traffic conflicts via the shared access to the newly constructed Lulu’s Kitchen restaurant and drive-through facility and The Point at Naples apartment community. • Findings criteria (8): While it is understood that the proposed improvements will be reviewed by the SFWMD, according to Section 6.02.04 Drainage Facility Level of Service Requirements of the County’s LDC. There is no indication in the application that such plan has been submitted to the County for this “determination of public facility adequacy for drainage facilities” or “if the proposed development has a drainage and water management plan that has been approved by the County Manager or designee as meeting the LOS for capital drainage facilities.”2 • Findings criteria (9): There is insufficient information provided in the application to reach a determination that the proposed change will not seriously reduce light and air to adjacent areas, as otherwise stated by the applicant. That being said there are some site constraints that lend themselves toward development that could reduce light and air to adjacent areas. 2 See Collier County LDC – Section 6.02.04 Drainage Facility Level of Service Requirements. 9.A.1.i Packet Pg. 95 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9 | Page • Findings criteria (10): While the applicant claims that the proposed change “should” have no impact on property values in the adjacent area, no such analysis has been provided with the application to support this statement. • Findings criteria (11): The applicant attempts to concentrate an increased number of homeless center beds, coupled with social service uses that result in a saturation of such uses in this one urban area of the County and expand its ancillary components to provide for restaurant/soup kitchens, used vehicle sales, and thrift store, which would discourage the private sector to invest in improvements to the adjacent residential property. • Findings criteria (12): The proposed change grants special privileges to the applicant by seeking to significantly reduce the amount of sf required by the County’s LDC for each occupant of a homeless shelter. There is no justification provided to support this deviation. • Findings criteria (13): The C-4 zoning and the DeVoe Pontiac CPUD both allow nonresidential commercial uses without the need to rezone the subject property. The application for rezoning removes the current zoning and DeVoe Pontiac PUD restrictions that do not permit homeless shelter and soup kitchen uses on Tract B. This change would allow the use of Tract B. • Findings criteria (14): The proposed change is out of scale with the needs of both the neighborhood and the County. • Findings criteria (15): While it is true that the applicant “currently” owns all the property included in the application, ownership in and of itself does not warrant the rezoning request. • Findings criteria (16): The applicant did not address the physical constraints of the site, and the degree of site alteration that would be required to make the property usable based on its physical characteristics, as previously addressed in this report. • Findings criteria (17): The applicant did not provide any evidence to support the statement that the statement that there are no “anticipated” public faculties deficiencies that impact the site as a result of the proposed change. This is in violation of Section 10.02.07- Requirements for Certificates of Public Facility Adequacy of the County’s LDC, which requires a review of potential impacts or demands on public facilities as may be necessary to serve the proposed development prior to approval of any development order that is subject to concurrency regulations, including in this case potable water, sanitary sewer, solid waste disposal, and drainage. • Findings criteria (18): The proposed change includes the intensification and aggregation of homeless shelter related social service uses that have the potential to exacerbate impacts on the adjacent residential use as a result of vagrancy, traffic, noise, litter and the like, 9.A.1.i Packet Pg. 96 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 10 | Page which does not otherwise protect the public health, safety and welfare of the adjacent residential development. Additionally, the requested change represents a significant deviation from meeting the existing minimum standards for homeless shelter beds for Tract A that results in “compact space” accommodations for the homeless individuals. This has the potential to discourage the use of the facility by homeless Individuals, thus having the potential to lead to more vagrancy in the area. Approval would not protect the health, safety and welfare of either the homeless individuals or the adjacent residential community. 9.A.1.i Packet Pg. 97 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 11 | Page EXHIBITS 9.A.1.i Packet Pg. 98 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 12 | Page EXHIBIT 1 Timeline of Prior Rezonings and Recordation of Approvals The following provides a summary of prior rezoning and recordation relative to the subject property: Tract “A” Total: 2.34 acres Parcel No 390000008. • Glades Unit Two Plat, Lot 1, Block K, Lot 1, DeVoe Pontiac CPUD No. 97-2, Ordinance 97-14 dated 3.11.1997 • Change of Use, CU 98-24, Resolution 99-87 dated 1.26.1999 • Rezoning to C4 - Gateway Triangle Mixed Use District GTMUD MXT, LDC Ordinance 06-08, dated 02.28.2006 Tract “B” Total: 9.55 acres Parcel No 34840520004. • DeVoe Pontiac CPUD No. 97-2, Ordinance 97-14 dated 3.11.1997 • Permitted and Accessory Uses excludes Homeless Shelter • Requires 10% Open Space – 3 Strata Tract “B” (North 5.00 acres – includes LuLu’s Diner) • DeVoe PUD No. 97-2, Ordinance 97-14 dated 3.11.1997 Tract “B” (South 4.55 acres aka Dealership Parcel) • DeVoe Pontiac CPUD No. 97-2, Ordinance 97-14 dated 3.11.1997 • PDI - PL 20-201, HEX 20-05, dated 9.11.2020 • PDI - PL 20-201, HEX 20-29 (Scrivener’s Error) dated 9.15.2020 Great Blue Drive (60-ft Private Access, Signage and Landscape Easement • Access, Signage and Landscape Easement Agreement, OR2267, Page 0006 o Non-Exclusive ingress, egress, regress, and access easement o Dated 16 DEC 1996 9.A.1.i Packet Pg. 99 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 13 | Page EXHIBIT 2 Findings of Inconsistency with the Collier County Community Character Plan The application is inconsistent with the Collier County Community Character Plan:3 1. Design… The spaces between buildings are as important as the private realms inside them. Development should be designed so that the architecture and neighborly arrangement impart an enduring image of beauty, confidence and societal continuity while making daily life more practical. Findings: The uses proposed for the subject property include heavy commercial uses that do not make daily living more practical. Neither will thrift store uses, restaurant/soup kitchens, thrift store and used vehicular sales, when adjacent to neighborhood residential uses, provide an enduring image of beauty, confidence and societal continuity. 2. Choice… Provide more housing choices in Collier County by reintroducing walkable traditional neighborhood development as a counterbalance to the multitude of gated subdivisions that have been built over the past 20 years. Findings: The application does not provide housing choices that support walkable traditional neighborhoods. It instead could have an isolating effect on the location of the renovated and expanded shelter at a busy traffic intersection. 3. Balance… Create a balanced road network by improving Collier's principal arterial roads while simultaneously creating a secondary network of smaller roads that link neighborhoods. Findings: The application does not add any improvements that balances the roadway network. Rather the doubling of heavy commercial uses and 30% increase in homeless beds only serves to impact the existing roadway network and shared access with adjacent residential uses. 4. Connections… Make frequent connections between new neighborhoods and the land around them, and fully integrate them with the secondary street network and with parks and other urban open spaces. Improve existing neighborhoods in the same way. Findings: The uses proposed in the application do not lend themselves to fully integrate with the residential neighborhoods that surround them. Rather they propose a social service campus that accommodates a homeless shelter that includes homeless beds and heavy commercial uses, and light industrial warehousing. 3 https://www.colliercountyfl.gov/Home/ShowDocument?id=63126 9.A.1.i Packet Pg. 100 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 14 | Page 5. Growing smart… All new development approvals should be based on a resilient pattern of streets and lots, because the initial street and lot pattern will long outlast the first generation of buildings and land uses that are placed on them. Findings: The uses proposed in the application do not support a resilient pattern of streets and lots to support a 30% increase of homeless beds and a doubling of high intensity commercial uses. 6. Hold the line… Make much better use of the remaining vacant acreage within the existing urban boundary before allowing new development to creep further into the countryside. Findings: While the proposed development is located in the urban service area, the compatibility of the use cannot be merely supported by its location. 7. Respect environmentally sensitive places… Enhance the character of Collier's more rural and environmentally sensitive places through rural design techniques and further protection of the County's vital natural resources. Findings: The application does not add elements that further enhance Collier’s more environmentally sensitive places, but rather merely maintains a surface management area that was required under the DeVoe Pontiac CPUD. 9.A.1.i Packet Pg. 101 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 15 | Page EXHIBIT 3 Not in Compliance with Subsection 10.02.13.B. of the LDC - Procedures for PUD Zoning Subsection 10.02.13 B requires petitions for rezoning to PUD to comply with the rezoning criteria contained in LDC Section 10.02.08, addressed later in this report, and to be processed in accordance with the following PUD criteria for review, including amendments to PUDs. Findings: The application is not in compliance with the PUD and rezoning criteria as required under LDC Section 10.02.13.B, as discussed below. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Findings criteria (a): The physical characteristics of the property are not well suited for expansion of the homeless shelter use and creation of a campus for social service, retail and office uses in relation to the surrounding area, traffic and access and infrastructure. 1. The North 990-feet of Tract B is shallow in depth (200-feet) and not amenable to future development that includes a neighborly arrangement of space. Considering required front and rear setbacks, access and drive lanes, accessible pedestrian routes, and required handicap - standard parking spaces will all likely result in limited useable space available for development. This would also likely result in a more typical “strip center” configuration than a neighborly arrangement. Actual buildable area would reduce the ability to design improvements so that they do not impact the light or air to adjacent properties. 2. This PUD-amendment also includes a request to increase homeless shelter related principal and accessory uses supported by an increase in the underlying approved square footage from the existing 64,000sf to a total of 130,000sf. Future development would likely be concentrated to the southernmost portion of the parcel, i.e., the former dealership facilities location where the depth widens to a more useful 330x660-feet configuration, resulting in a concentration of heavy commercial and light industrial uses, both of which could lend themselves to increasing negative impacts on light and air of adjacent properties. 3. Additionally, the proposed social service uses do not lend themselves to interconnect with the adjacent residential property in that that the intense social service activates that will result from the proposed uses have no interconnectivity or compatibility with the adjacent residential uses, but rather serves to isolate and increase the incompatibility of the proposed uses as a result of vagrancy, traffic, 9.A.1.i Packet Pg. 102 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 16 | Page noise, litter and the like, with negative results on the quality of life for adjoining residents. 4. The social service-oriented uses as proposed do not provide an opportunity for nearby residents to utilize such commercial uses, as would otherwise be provided from a shopping center or similar retail type of development. Nor does the application support pedestrian connections, as a result of the health, safety and welfare issues associated with the homeless shelter and its ancillary uses and activities. 5. The application does not include any improvements that balances the roadway network. Rather the substantial increase in heavy commercial uses (from 64,000 sf t0 130,000 s.f.) and proposed 30% increase in homeless beds only serves to impact the existing roadway network. Potential traffic conflicts via the shared access to the newly constructed Lulu’s Kitchen restaurant and drive-through facility and The Point at Naples apartment community. 6. With respect to the suitability of development in relation to infrastructure, there has been no data provided by the applicant to demonstrate adequacy of services and facilities. This is especially disconcerting in light of the fact that the application would essentially double the approved amount of existing heavy commercial and light industrial uses on the unified site. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Findings (b): No comments. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) Findings criteria (c): The application is Inconsistent with the Future Land Use Element of the Collier County Growth Management Plan 4 as illustrated in Exhibit 3. 4 Future Land Use Element as of Ordinance No. 2021-12, adopted March 9, 2021, Collier County Growth Management Plan - Future Land Use Element as of Ordinance No. 2021-12, adopted March 9, 2021 9.A.1.i Packet Pg. 103 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 17 | Page d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Findings criteria (d): The proposed social service campus uses are incompatible with the adjacent multifamily residential development. 1. Tract “B” of the property has largely been developed under the existing PUD and C-4 development standards, both of which currently prohibit homeless shelter uses. While buffers have been installed, and mature vegetation exists between the CPUD and The Point at Naples residential apartment complex located immediately to the east of the PUD, the increased concentration of homeless shelter beds, doubling of ancillary social service commercial uses and deviation from buffer landscaping requirements serve to increase the incapability of the proposed development as a result of the increased opportunity for vagrancy, traffic, noise, litter and the like, with negative results on the quality of life of the nearby residents. 2. Additionally, the application does not support pedestrian connections, as a result of the health, safety and welfare issues associated with the homeless shelter and its ancillary uses and activities. e. The adequacy of usable open space areas in existence and as proposed to serve the development. Findings: criteria (e) The application does not address compliance with the open space commitments made under the DeVoe Pontiac CPUD. 1. The application does not include an assessment of consistency with the minimum native vegetation preservation requirements as required by Policy 6.1.1. of the Conservation Element of the GMP. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Findings criteria (f): There is no phasing of development provided in relation to the proposed PUD to be able to assure the adequacy of available public and private improvements based on the timing or sequence of development. g. The ability of the subject property and of surrounding areas to accommodate expansion. Findings criteria (g): The application contains no analysis to demonstrate the ability of the subject property and the area to accommodate expansion of the homeless shelter use and result in a concentration of homeless shelter and ancillary social services uses 9.A.1.i Packet Pg. 104 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 18 | Page without analysis of the impact of such expansion on the surrounding area. 1. The application proposes intensification of homeless beds and further expansion of the social service campus principal and accessory uses that expands the existing homeless shelter to 150-beds and brings the most intense forms of heavy commercial uses including warehousing-distribution, and the reintroduction of the storage, display and sale of used automobile and boat sales activities more appropriate to light industrial zoning. 2. Such concentration of social service uses, and activities have the potential to add to the current noise, litter, vagrancy and traffic issues associated already with the existing homeless shelter on Tract A and the existing thrift store uses. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Findings criteria (h): The applicant does not provide justification for the deviations requested. 1. The applicant proposes a significant deviation from meeting the minimum standards for homeless shelter beds for Tract A and is providing 15,000 sf versus the 24,000 sf that would otherwise be required for the proposed 150 beds (homeless persons), which is only 63 % of the required minimum. This results in “compact space” accommodations, which has the potential to discourage the use of the facility by homeless Indi duals, thus potentially leading to more vagrancy in the area. It also poses a question as to why this specific facility should not be required to adhere to the minimum standards that other similar facilities are required to meet in the County. 2. There has been no parking analysis that demonstrates that the amount of parking proposed is sufficient to meet the increase parking demand created by the increase in homeless shelter beds. Rather, the applicant points to the use of administrative parking that is located on Tract B of the Conceptual PUD Master Plan. As such, the applicant attempts to satisfy ancillary parking for the homeless shelter use on Tract B, which currently does not permit homeless shelters either as a primary or accessory use. a) Restaurant and soup kitchen uses, as well as the used vehicle sales have not been evaluated in terms of demand in parking and loading impacts, thus potentially leading to overflow parking and off-site loading impacting the adjacent residential properties. b) Addition of new training facilities and the increase in the number of homeless beds has also not been properly analyzed for parking impacts resulting from an increase in administrative and staff to support the 30% increase in homeless residents. 9.A.1.i Packet Pg. 105 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 19 | Page 3. The applicant is also seeking deviation from the County’s buffering requirements. a) The property has largely been developed under the existing PUD and C-4 development standards, both of which currently prohibit homeless shelter uses. While buffers have been installed, and mature vegetation exists between the CPUD and The Point at Naples apartment complex located immediately to the east of the PUD, the increased concentration of homeless shelter beds, doubling of ancillary social service commercial uses and deviation from buffer landscaping requirements serve to increase the incompatibility of the proposed development as a result of the increased opportunity for vagrancy, traffic, noise, litter and the like, with negative results on the quality of life of the nearby residents. 9.A.1.i Packet Pg. 106 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 20 | Page 9.A.1.i Packet Pg. 107 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 21 | Page EXHIBIT 4 Findings of Inconsistency with Collier County Growth Management Plan Findings: The application is inconsistent with the Future Land Use Element of the Collier County Growth Management Plan: Policy 5.4: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. Policy 5.4 Findings: The application is inconsistent with Policy 5.4 of the Future Land Use Element of the Collier County Growth Management Plan in that the application is inconsistent with Policy 5.6, 5.8, 5.10 and provisions for Mixed Use and Bayshore Gateway Triangle Redevelopment Overlay. Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004, and effective October 18, 2004, as amended). Policy 5.6 Findings: The application is not compatible with and does not complement The Point at Naples residential apartments located just east of and abutting the subject property: 1. The uses proposed in the application do not lend themselves to be compatible with and complement the adjacent residential neighborhood. Rather the PUD-amendment proposes intensification of homeless beds and further expansion of the social service campus principal and accessory uses that expands the existing homeless shelter to 150-beds and brings the most intense forms of heavy commercial uses including warehousing-distribution, and the reintroduction of the storage, display and sale of used automobile and boat sales activities more appropriate to light industrial zoning. Such concentration of social service uses, and activities have the potential to add to the current noise, litter, vagrancy and traffic issues associated already with the existing homeless shelter on Tract A and the existing thrift store uses. 2. The applicant has requested a significant deviation from meeting the minimum standards for homeless shelter beds for Tract A and is providing 15,000 sf versus the 24,000 sf that would otherwise be required for the proposed 150 beds (homeless persons), which is only 63 % of the required minimum. This results in “compact space” accommodations, which has the potential to discourage the use of the facility by homeless individuals, thus potentially leading to more vagrancy in the area. It also poses a question as to why this specific facility should not be required to 9.A.1.i Packet Pg. 108 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 22 | Page adhere to the minimum standards that other similar facilities are required to meet throughout the County. 3. Restaurant and soup kitchen uses, and particularly the used vehicle sales area have not been evaluated in terms of increased demand for parking and loading impacts, thus potentially leading to overflow parking and off- site loading impacting the adjacent residential properties. Further, the applicant does not assess or address increased demand for policing to maintain parking, accessible routes and emergency access within this portion of the property. 4. Addition of new training facilities and the increase in the number of homeless beds has also not been properly analyzed for parking impacts resulting from an increase in administrative and staff to support the 30% increase in homeless residents. Policy 5.8: Permit the use of clustered residential development, Planned Unit Development techniques, mixed-use development, rural villages, new towns, satellite communities, transfer of development rights, agricultural and conservation easements, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zoning and subdivision regulations as necessary to allow and encourage such innovative land development techniques. Policy 5.8 Findings: The application does not propose an “innovative approach” that would otherwise conserve open space. Additionally, the application proposes to deviate from the buffer requirements of the County’s LDC. 1. The application does not include an assessment of consistency with the Future Land Use Element’s requirement for implementation of regulations such as minimum open space requirements and native vegetation preservation requirements. 2. The application does not include an assessment as to whether potential mitigation or remediation are required, nor does it address whether preservation strategies are required if the previously identified 10% was not maintained or that further enhance Collier’s more environmentally sensitive places. The plan as proposed instead maintains a minor surface water retention area required by the DeVoe Pontiac CPUD. Policy 5.10 Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Home, shall be allowed within the Urban designated area, and may be allowed in other future land use designations, subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004) and consistent 9.A.1.i Packet Pg. 109 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 23 | Page with the locational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. Policy 5.10 Findings: The application proposes a campus for social services on the “unified properties”, that provides for the expansion of homeless beds on Tract A and its support uses onto Tract B, which does not comply with the regulations of the County’s LDC for group housing, as follows: 1. The homeless shelter use is not a permitted or conditional use allowed in the DeVoe Pontiac CPUD. 2. Additionally, the homeless shelter use and soup kitchens are not uses permitted as of right in the existing C-4 zoning. 3. The homeless shelter use being proposed is a “campus for social service, retail and office uses”. It should be noted that the application proposes light industrial warehouse and storage uses, as well. While the applicant goes through great lengths to distinguish Tract A as a homeless shelter where the beds will be located, the fact is that the thrift store, restaurant warehouse, legal and educational/training uses proposed for Tract B are ancillary to the function of the unified site as part of the homeless shelter campus, which encompasses the following homeless shelter uses: i. Transitional and supportive housing on Tract A. ii. Programs that help support the housing on Tract A through food support, resale of goods on Tract B. (warehouse, restaurant, thrift store, used vehicle sales). iii. Programs that help support individuals housed on Tract A through legal and administrative case management, training and self-help groups. Policy 5.13: Properties whose zoning has been determined to comply with the former Commercial under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. These properties are not subject to the building floor area or traffic impact limitations contained in this former provision. Policy 5.13 Findings: This policy does not permit circumvention or oviscapte the need to demonstrate consistency with all other policies of the County’s Future Land Use Element and other elements of the Plan. Further, there is no direct indication that this policy applies to the subject property which has Mixed Use and Bayshore Gateway Triangle Overlay land use designations. 9.A.1.i Packet Pg. 110 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 24 | Page OBJECTIVE 7: Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of the Collier County, where applicable, and as follows: Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. Objective 7 and Policy 7.1 Findings: The applicant claims that the application complies with Objective 7 and Policy 7. 1 because it includes internal interconnections and connection to Airport-Pulling Road. However, the context of Objective 7, frames the objective as being supportive of connections that promote smart growth policies, reduce greenhouse gas emissions and adhere to existing development character. The application is inconsistent with all three objectives. It does not promote smart growth planning which otherwise promotes streets that are safe for people walking and bicycling and by protecting open green spaces. The expansion of the homeless shelter and doubling of heavy commercial uses on the land violates these smart growth planning principles. Additionally, the doubling of high intensity commercial uses does not substantiate compliance with reducing greenhouse gas emissions. … F. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and increased intensity and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: Bayshore /Gateway Triangle Redevelopment Overlay Findings: The application attempts to concentrate an increased number of homeless center beds, coupled with social service uses that result in a saturation of such uses in this one urban area of the County and expand its ancillary components to provide for restaurant/soup kitchens, used vehicle sales, and thrift store, none of which lend 9.A.1.i Packet Pg. 111 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 25 | Page themselves to uses that would otherwise incentivize the private sector to invest in this urban area, inconsistent with the intent and purpose of the Overlay. Additionally, the proposed social service uses do not lend themselves to interconnect with the adjacent residential property in that that the intense social service activates that will result from the proposed uses have no interconnectivity with the adjacent residential use, rather serves the increase the incompatibility of the uses as a result of vagrancy, traffic, noise, litter and the like, with negative results on the quality of life of the nearby residents. … 1. Mixed-Use Development: A mix of residential and commercial uses is permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses, except as otherwise provided for in the Mini Triangle Subdistrict; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings or in parking structures that may be below, at, or above grade, with the buildings oriented closer to the major roadway to promote traditional urban development. Mixed Use Development Findings: The social service-oriented uses as proposed do not provide an opportunity for nearby residents to utilize such commercial uses or services, as would otherwise be provided from a shopping center or similar retail type of development. Nor does the application support pedestrian connections, as a result of the health, safety and welfare issues associated with the homeless shelter and its ancillary uses and activities. Findings The application is also inconsistent with the Collier County Conservation and Coastal Management Element 5 Policy 6.1.1: For the County’s Urban Designated Area, as designated on the FLUM, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) Coastal High Hazard Area Non-Coastal High Hazard Area Residential and Mixed Use Development Less than 2.5 acres 10% Equal to or greater than 2.5 acres 25% Less than 5 acres. 10% Equal to or greater than 5 acres and less than 20 acres. 15% Equal to or greater than 20 ac. 25% 5 https://www.colliercountyfl.gov/home/showpublisheddocument/40905/635883137282070000 9.A.1.i Packet Pg. 112 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 26 | Page Policy 6.1.1 Findings: The applicant claims compliance with this policy and these standards; however, the application does not include an assessment of consistency with the minimum native vegetation preservation requirements as required by this policy. Nor does it assess the existing DeVoe Pontiac CPUD’s compliance with environmental commitments made part of Ord 97-14. Specifically, Section 4.9 Environmental conditioned approval upon…”shall be subject to all environmental sections of the Collier County Land Development Code and retaining 10% of the existing native vegetation on site, by area, in all three strata”… The application does not include an assessment as to whether the potential mitigation and preservation strategies are required if the identified 10% was not maintained or that further enhance Collier’s more environmentally sensitive places. It instead maintains a minor surface water retention area required by the DeVoe Pontiac CPUD of 0.29 acres. Nor does the application consider the increase in requirement for native vegetation preservation resulting from an increase in the total site area to 11.89 acres, which requires a 15% minimum per the above objective and policy. 9.A.1.i Packet Pg. 113 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 27 | Page EXHIBIT 5 Not in Compliance with LDC Section 10.02.08 F – Rezoning Criteria Findings: The application is not in compliance with the criteria set forth in LDC Section 10,02.08 for rezoning of the subject property as further addressed herein: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. Findings criteria (1): The proposed change is inconsistent with the goals, objectives and policies of the Collier County Growth Management Plan, as outlined in this report. 2. The existing land use pattern. Findings criteria (2): The existing land use pattern is not supportive of the rezoning of the properties from C-4 GTMUD-MXD and PUD to CPUD for the following reasons: a. Although the property has been developed under the existing zoning, the DeVoe Pontiac CPUD and the C-4 zoning do not permit the homeless shelter use as proposed under the rezoning. i. The homeless shelter use is not a permitted or conditional use allowed in the DeVoe Pontiac CPUD. ii. Additionally, the homeless shelter use and soup kitchens are uses permitted as of right in the existing C-4 zoning. b. The homeless shelter use being proposed is a “campus for social service, retail and office uses”. It should be noted that the application proposes light industrial warehouse and storage uses, as well. c. While the applicant goes through great lengths to distinguish Tract A as a homeless shelter where the beds will be located, the fact is that the thrift store, restaurant warehouse, legal and educational/training uses proposed for Tract B are ancillary to the function of the unified site as part of the homeless shelter campus, which encompasses the following homeless shelter uses: i. Transitional and supportive housing on Tract A. ii. Programs that help support the housing on Tract A through food support, resale of goods on Tract B. (warehouse, restaurant, thrift store, used vehicle sales). iii. Programs that help support individuals housed on Tract A through legal and administrative case management, training and self-help groups. 9.A.1.i Packet Pg. 114 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 28 | Page d. Additionally, the uses proposed in the application do not lend themselves to be compatible with and complement the adjacent residential neighborhood. Rather the application proposes intensification of homeless beds and further expansion of the social service campus principal and accessory uses that expands the existing homeless shelter to 150-beds and brings the most intense forms of heavy commercial uses including warehousing-distribution, and the reintroduction of the storage, display and sale of used automobile and boat sales activities more appropriate to light industrial zoning. Such concentration of social service uses, and activities have the potential to add to the current noise, litter, vagrancy and traffic issues associated already with the existing homeless shelter on Tract A and the existing thrift store uses. 3.The possible creation of an isolated district unrelated to adjacent and nearby districts. Findings criteria (3) As previously noted, the uses proposed in the application do not lend themselves to fully integrate with the residential neighborhood. Rather the application proposes intensification of homeless beds and further expansion of the social service campus principal and accessory uses that expands the existing homeless shelter to 150-beds and brings the most intense forms of heavy commercial uses including warehousing-distribution, and the reintroduction of the storage, display and sale of used automobile and boat sales activities more appropriate to light industrial zoning. Additionally, the social service-oriented uses as proposed do not provide an opportunity for nearby residents to utilize such commercial uses, as would otherwise be provided from a shopping center or similar retail type of development. Nor does the application support pedestrian connections, as a result of the health, safety and welfare issues associated with the homeless shelter and its ancillary uses and activities. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Findings criteria (4): No evidence has been presented that demonstrates that the existing zoning district boundaries are illogically drawn in relation to existing conditions on the property. To the contrary, the current zoning is C-4 Commercial/ Gateway Triangle Mixed Use Overlay and DeVoe Pontiac CPUD contain existing uses that have been approved under the current zoning, as either conditional uses, or as part of the PUD Resolution. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Findings criteria (5): Change in ownership in and of itself does not automatically warrant the proposed amendment as being necessary. The rezoning will in fact result in the ability to change the conditions of development of the subject 9.A.1.i Packet Pg. 115 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 29 | Page property by expansion of homeless shelter use into an area where such use is currently prohibited. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Findings criteria (6): The proposed change will adversely influence living conditions for both the existing homeless group home on Tract A and adjacent residential uses to the east. a) The applicant has requested a significant deviation from meeting the minimum standards for homeless shelter beds for Tract A and is providing 15,000 sf versus the 24,000 sf that would otherwise be required for the proposed 150 beds (homeless persons), which is only 63 % of the required minimum. This results in “compact space” accommodations, which has the potential to discourage the use of the facility by homeless Indi duals, thus potentially leading to more vagrancy in the area. It also poses a question as to why this specific facility should not be required to adhere to the minimum standards that other similar facilities are required to meet in the County. Further, the application includes no assessment of the effects this reduced space and increased occupancy has on living conditions at the facility. Additionally, no documentation was provided as to best practices and whether other communities in Florida have adopted such criteria and with what effect. b) The application proposes intensification of homeless beds and further expansion of the social service campus principal and accessory uses that expands the existing homeless shelter to 150-beds and brings the most intense forms of heavy commercial uses including warehousing-distribution, and the reintroduction of the storage, display and sale of used automobile and boat sales activities more appropriate to light industrial zoning. Such concentration of social service uses, and activities have the potential to adversely affect the living conditions of the adjacent residential neighborhood by increasing noise, litter, vagrancy and traffic issues associated already with the existing homeless shelter on Tract A and the existing thrift store uses. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Findings criteria (7): The applicant’s traffic analysis does not address the impacts from traffic resulting from a “doubling” of the commercial sf (from 64,000 sf to 130,000 sf), nor does it address the potential traffic conflicts via the shared access to the newly constructed Lulu’s Kitchen restaurant and drive-through facility and The Point at Naples apartment community. 9.A.1.i Packet Pg. 116 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 30 | Page 8. Whether the proposed change will create a drainage problem. Findings criteria (8): While it is understood that the proposed improvements will be required to be reviewed by the SFWMD, according to Section 6.02.04 Drainage Facility Level of Service Requirements of the County’s LDC, a “determination of public facility adequacy for drainage facilities shall be granted” or “ if the proposed development has a drainage and water management plan that has been approved by the County Manager or designee as meeting the LOS for capital drainage facilities.”6 There is no indication in the application that such a drainage and water management plan that has been approved by the County Manager or designee as meeting the LOS for capital drainage facilities plan has been submitted to the County for this determination. This is especially disconcerting in light of the fact that the application would allow twice as much heavy commercial and light industrial uses on the unified site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Findings criteria (9): There is insufficient information provided in the application to reach a determination that the proposed change will not seriously reduce light and air to adjacent areas, as otherwise stated by the applicant. That being said there are some site constraints that lend themselves toward development that could reduce light and air to adjacent areas: a) As previously noted, the North 990-feet of Tract B is shallow in depth (200- feet) and not amenable to future development that includes a neighborly arrangement of space. Considering required front and rear setbacks, access and drive lanes, accessible pedestrian routes, and required handicap - standard parking spaces will result in limited useable space available for development. This would likely result in a more typical strip center configuration than a neighborly arrangement. Actual buildable area would reduce the ability to design improvements so that they do not impact the light or air to adjacent properties. b) This application also includes a request to increase homeless shelter related principal and accessory uses supported by an increase in the underlying square footage by 130,000sf. Future development would likely be concentrated to the southernmost portion of the parcel, i.e., the former dealership facilities location where the depth widens to a more useful 330x660-feet configuration, resulting in a concentration of heavy commercial 6 See Collier County LDC – Section 6.02.04 Drainage Facility Level of Service Requirements. 9.A.1.i Packet Pg. 117 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 31 | Page and light industrial uses, both of which could lend themselves to increasing negative impacts on light and air of adjacent properties. 10. Whether the proposed change will adversely affect property values in the adjacent area. Findings criteria (10): While the applicant claims that the proposed change “should” have no impact on property values in the adjacent area, no such analysis has been provided with the application to support this statement. a) That being said, it should be noted that the proposed change includes the intensification of social service uses and activates with the potential to exacerbate impacts on the adjacent residential use as a result of vagrancy, traffic, noise, litter and the like, which can result in adverse effect on the property values of the adjacent residential development. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Findings criteria 11: The application attempts to concentrate an increased number of homeless center beds, coupled with social service uses that result in a saturation of such uses in this one urban area of the County and expand its ancillary components to provide for restaurant/soup kitchens, used vehicle sales, and thrift store, which would discourage the private sector to invest in improvements to the adjacent residential property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Findings criteria (12): The proposed change grants special privileges to the applicant by seeking to significantly reduce the amount of sf required by the County’s LDC for each occupant of a homeless shelters. There is no indication in the application that such waiver of the code requirements has been granted to other group homes in the County. Nor is there any justification provided to support this deviation. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Findings criteria (13): The C-4 zoning and the DeVoe Pontiac CPUD both allow nonresidential commercial uses without the need to rezone the subject property. The application for rezoning removes the current zoning and DeVoe Pontiac PUD restrictions that do not permit homeless shelter and soup kitchen uses on Tract B. This change would allow the use of Tract B. 9.A.1.i Packet Pg. 118 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 32 | Page 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Findings criteria (14): The proposed change is out of scale with the needs of both the neighborhood and the County. a) As previously noted, the North 990-feet of Tract B is shallow in depth (200- feet) and not amenable to future development that includes a neighborly arrangement of space. Considering required front and rear setbacks, access and drive lanes, accessible pedestrian routes, and required handicap - standard parking spaces will result in limited useable space available for development. This would likely result in a more typical strip center configuration than a neighborly arrangement. Actual buildable area would reduce the ability to design improvements that impart beauty, confidence, and societal continuity. b) This application includes a request to increase homeless shelter related principal and accessory uses supported by an increase in the underlying square footage by 130,000sf. Future development would likely be concentrated to the southernmost portion of the parcel, i.e., the former dealership facilities location where the depth widens to a more useful 330x660-feet configuration. c) This concentration of site development would not make daily living more practical. It would in fact be contrary to the requirements of the Future Land Use Element at Overview Paragraph “C.” Underlying Concepts, Attainment of High-Quality Urban Design, specifically …”These Architectural and Site development standards include building design, parking lot orientation, pedestrian access, vehicular movement, landscaping and lighting. These standards will provide for quality development that is responsive to the Community’s character…” d) Additionally, the application does not provide housing choices that support walkable traditional neighborhoods in that its focus is upon addressing the needs of the homeless and necessary ancillary support services. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Findings criteria (15): While it is true that the applicant “currently” owns all the property included in the application, ownership in and of itself does not warrant the rezoning request. a) There has been no evidence provided in the record that it is “impossible” to find other adequate sites in the County for the proposed use, without the need to rezone the property or amend and expand the existing PUD, as is proposed for the subject property. Neither has there been any review of the 9.A.1.i Packet Pg. 119 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 33 | Page potential to locate elements of the homeless shelter individually without the need to create an aggregation of the uses at this location of the County. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Findings criteria (16): The applicant did not address the physical constraints of the site, and the degree of site alteration that would be required to make the property usable based on its physical characteristics. a) As previously noted, the North 990-feet of Tract B is shallow in depth (200- feet) and not amenable to future development that includes a neighborly arrangement of space. Considering required front and rear setbacks, access and drive lanes, accessible pedestrian routes, and required handicap - standard parking spaces will result in limited useable space available for development. This would likely result in a more typical strip center configuration than a neighborly arrangement. b) This application also includes a request to increase homeless shelter related principal and accessory uses supported by an increase in the underlying square footage by 130,000sf. Future development would likely be concentrated to the southernmost portion of the parcel, i.e., the former dealership facilities location where the depth widens to a more useful 330x660-feet configuration. c) Such physical constraints to the site would result in significant alterations to the existing structures, parking and water management system to support the proposed development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code Ch. 106, art. II], as amended. Findings criteria (17): The applicant did not provide any evidence to support the statement that there are no “anticipated” public faculties deficiencies that impact the site as a result of the proposed change. This is in violation of Section 10.02.07- Requirements for Certificates of Public Facility Adequacy of the County’s LDC, which requires a review of potential impacts or demands on public facilities as may be necessary to serve the proposed development prior to approval of any development order that is subject to concurrency regulations, including in this case potable water, sanitary sewer, solid waste disposal, and drainage. 9.A.1.i Packet Pg. 120 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 34 | Page 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. Findings criteria (18): The proposed change includes the intensification and aggregation of homeless shelter related social service uses that have the potential to exacerbate impacts on the adjacent residential use as a result of vagrancy, traffic, noise, litter and the like, which does not otherwise protect the public health, safety and welfare of the adjacent residential development. Additionally, the requested change represents a significant deviation from meeting the existing minimum standards for homeless shelter beds for Tract A that results in “compact space” accommodations for the homeless individuals. This has the potential to discourage the use of the facility by homeless Individuals, thus having the potential to lead to more vagrancy in the area. Approval would not protect the health, safety and welfare of either the homeless individuals or the adjacent residential community. 9.A.1.i Packet Pg. 121 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Future Land Use Element as of Ordinance No. 2021-12, adopted March 9, 2021 19 (XV)(XLIV) Policy 5.4: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. (VII)(IX)(XXX)(XLIV) Policy 5.5: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future Land Use Map; requiring that any additions to the Urban Designated Areas be contiguous to an existing Urban Area boundary; and, encouraging the use of creative land use planning techniques and innovative approaches to development in the County’s Agricultural/Rural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. (XV)(XLIV) Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). (VII)(IX)(XV)(XLIV) Policy 5.7: Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District (formerly known as North Golden Gate), and the Rural Fringe Mixed Use District, before servicing new areas. (VII)(IX)(XLIV) Policy 5.8: Permit the use of clustered residential development, Planned Unit Development techniques, mixed-use development, rural villages, new towns, satellite communities, transfer of development rights, agricultural and conservation easements, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zoning and subdivision regulations as necessary to allow and encourage such innovative land development techniques. (XLIV) Policy 5.9: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. (XV)(XLIV) Policy 5.10: Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Home, shall be allowed within the Urban designated area, and may be allowed in other future land use designations, subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004) and consistent with the locational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 9.A.1.i Packet Pg. 122 Attachment: Attachment F-1 - Letter to CCPC and Exhibits 11-22-21 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 123 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 124 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 125 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 126 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 127 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 128 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 129 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 130 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 131 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 132 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 133 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 134 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 135 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 136 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 137 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 138 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 139 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 140 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 141 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 142 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 143 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 144 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.j Packet Pg. 145 Attachment: Attachment G-Ord. 96-09 (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com St. Matthew’s House CPUD (PL20210000176) Application and Supporting Documents December 2, 2021 CCPC Hearing 9.A.1.k Packet Pg. 146 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com May 24, 2021 Ms. Laura DeJohn Senior Planner Collier County Growth Management Department Zoning Division, Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 RE: St. Matthew’s House CPUD (PUDR) – PL20210000176, Submittal 1 Dear Ms. DeJohn: A Collier County application for Public Hearing for PUD to PUD Rezone (PUDR) is being filed electronically for review. The subject property is 11.89+/- acres in size and is located on the southeast corner of Airport Pulling Road South and Glades Boulevard. The applicant is proposing to amend the existing Devoe Pontiac CPUD to expand the PUD boundary to the north and south and change the name of the PUD to St. Matthew’s House Commercial Planned Unit Development (CPUD). The rezone proposes to increase the number of homeless shelter beds from 104 to 150, and request 130,000 square feet of general commercial, office, social service, and warehouse uses. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing for PUD Amendment 3. Evaluation Criteria 4. Pre-app Notes 5. Affidavit of Authorization 6. Property Ownership Disclosure Form 7. Covenant of Unified Control 8. Addressing Checklist 9. Warranty Deed(s) 10. Boundary Survey 9.A.1.k Packet Pg. 147 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Ms. Laura DeJohn RE: Collier County Application for Public Hearing, St. Matthew’s House CPUD – PL20210000176, Submittal 1 May 24, 2021 Page 2 of 2 11. Aerial Photograph 12. Traffic Impact Study 13. Completed Exhibit A - F 14. Deviation Justification 15. Original PUD Approvals Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: St. Matthew’s House, Inc. Richard D. Yovanovich, Esq. GradyMinor File (SMHPUD-21) 9.A.1.k Packet Pg. 148 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358 0DUFK Page 1 of 11 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME DATE PROCESSED PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): _________________________________________________________ Name of Applicant if different than owner: _____________________________________________ Address: _________________________City: _______________ State: _________ ZIP: ___________ Telephone: _______________________ Cell: ______________________ Fax: __________________ E-Mail Address: ____________________________________________________________________ Name of Agent: ____________________________________________________________________ Firm: _____________________________________________________________________________ Address: ____________________________City: _______________ State: _______ ZIP: __________ Telephone: ____________________ Cell: ____________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________ Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. To be completed by staff St. Matthew's House, Inc. 2001 Airport Road S. Naples FL 34112 239-774-0500 vann@stmatthewshouse.org D. Wayne Arnold, AICP and Richard D. Yovanovich, Esq. Q. Grady Minor & Associates, P.A. and Coleman, Yovanovich & Koester, P.A. 3800 Via Del Rey Bonita Springs FL 34134 239-947-1144 and 239-435-3535 warnold@gradyminor.com and ryovanovich@cyklaw.com 9.A.1.k Packet Pg. 149 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358 0DUFK Page 2 of 11 REZONE REQUEST This application is requesting a rezone from: _________________________ Zoning district(s) to the ________________________________ zoning district(s). Present Use of the Property: _________________________________________________________ Proposed Use (or range of uses) of the property: _________________________________________ Original PUD Name: ________________________________________________________________ Ordinance No.: ____________________________________________________________________ PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: x If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; x The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and x The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________ Address/ General Location of Subject Property: __________________________________________ __________________________________________________________________________________ PUD District (refer to LDC subsection 2.03.06 C): Commercial Residential Community Facilities Industrial Mixed Use Other: ________________ C-4 (GTMUD-MXD) and CPUD St. Matthew's House CPUD Homeless shelter and commercial Homeless shelter and commercial Devoe Pontiac PUD 97-14 and HEX Decision 2020-05 12 50 25 1K Glades Unit 2 See Boundary Survey and Exhibit 'D' of the PUD document 10 88 34840520004 and 00390000008 Irregular Irregular 517928+/- 11.89+/- Airport Road south of Glades Blvd 2001 and 2601 Airport Road S. 9.A.1.k Packet Pg. 150 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358 0DUFK Page 3 of 11 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Metes & Bounds Description: _________________________________________________________ ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ C-4-GTMUD-MXD Commercial C-4-GTMUD-MXD Commercial RMF-16, David A. Gallman Estate PUD Multi Family Residential Airport Road ROW, C-3-GTMUD-MXD & C-4-GTMUD-MXD Commercial N.A. N.A. N.A. N.A. N.A.N.A. N.A. N.A.N.A. N.A. Glades Golf and Country Club Inc. 174 Teryl Road Naples FL 34112 9.A.1.k Packet Pg. 151 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358 0DUFK Page 4 of 11 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 9.A.1.k Packet Pg. 152 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358 0DUFK Page 5 of 11 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? __________________________________________________________________________________ __________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered “open” when the determination of “sufficiency” has been made and the application is assigned a petition processing number. The application will be considered “closed” when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed “closed” will not receive further processing and an application “closed” through inactivity shall be deemed withdrawn. An application deemed “closed” may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of “sufficiency”. Further review of the request will be subject to the then current code. Yes, August 27, 2020 (HEX No. 2020-05) PDI to add interconnection to adjacent norther property. 9.A.1.k Packet Pg. 153 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358 0DUFK Page 6 of 11 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Package Treatment Plant (GPD Capacity): _________________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _________ Average Daily: __________ B. Sewer-Peak: _________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ St. Matthew's House, Inc. 2001 Airport Road S. Naples FL 34112 239-774-0500 vann@stmatthewshouse.org 2001 and 2601 Airport Road S. 12 50 25 1K Glades Unit 2 See Boundary Survey 10 88 34840520004 and 00390000008 X X 150 homeless shelter beds and 130,000 square feet of general commercial, office, social service, and warehouse uses Connections are existing 9.A.1.k Packet Pg. 154 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358 0DUFK Page 7 of 11 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. N.A. N.A. 9.A.1.k Packet Pg. 155 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358 Page 8 of 11 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as ____________________________________________________ ____________________________________________________ (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for ______________ planned unit development (______________PUD) zoning. We hereby designate___________________, legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. ___________________________________ Owner ___________________________________ Printed Name ___________________________________ Owner ____________________________________ Printed Name STATE OF FLORIDA COUNTY OF COLLIER dŚĞĨŽƌĞŐŽŝŶŐŝŶƐƚƌƵŵĞŶƚǁĂƐĂĐŬŶŽǁůĞŐĞĚďĞĨŽƌĞŵĞďLJŵĞĂŶƐŽĨ ƉŚLJƐŝĐĂůƉƌĞƐĞŶĐĞŽƌŽŶůŝŶĞŶŽƚĂƌŝnjĂƚŝŽŶƚŚŝƐͺͺͺͺ ĚĂLJŽĨͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ͕ϮϬͺͺͺ͕ďLJ;ƉƌŝŶƚĞĚŶĂŵĞŽĨŽǁŶĞƌŽƌƋƵĂůŝĨŝĞƌͿͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ^ƵĐŚƉĞƌƐŽŶ;ƐͿEŽƚĂƌLJWƵďůŝĐŵƵƐƚĐŚĞĐŬĂƉƉůŝĐĂďůĞďŽdž͗ ƌĞƉĞƌƐŽŶĂůůLJŬŶŽǁŶƚŽŵĞ ,ĂƐƉƌŽĚƵĐĞĚĂĐƵƌƌĞŶƚĚƌŝǀĞƌƐůŝĐĞŶƐĞͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ,ĂƐƉƌŽĚƵĐĞĚͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺĂƐŝĚĞŶƚŝĨŝĐĂƚŝŽŶ͘ EŽƚĂƌLJ^ŝŐŶĂƚƵƌĞ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ DĂƌĐŚϰ͕ϮϬϮϬ Notary ^ĞĂů Parcel ID Numbers 34840520004 and 00390000008 Airport Road Commercial C 9.A.1.k Packet Pg. 156 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358 0DUFK Page 9 of 11 Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 Completed Application with required attachments (download latest version) 1 Pre-application meeting notes 1 Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 List Identifying Owner and all parties of corporation 1 Signed and sealed Boundary Survey 1 Architectural Rendering of proposed structures 1 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 Statement of Utility Provisions 1 Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study 1 Historical Survey 1 School Impact Analysis Application, if applicable 1 Electronic copy of all required documents 1 Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Checklist continues on next page X X X X X X X X X X X X X X X X X 9.A.1.k Packet Pg. 157 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358 0DUFK Page 10 of 11 Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy Original PUD document/ordinance, and Master Plan 24” x 36” – Only if Amending the PUD Revised PUD document with changes crossed thru & underlined 1 Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.” PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams (Director) Emergency Management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: City of Naples Utilities Other: ASSOCIATED FEES FOR APPLICATION Pre-Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 Methodology Review: $500.00 X X X X 9.A.1.k Packet Pg. 158 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 0DUFK Page 11 of 11 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. ___________________________________ _____________ Signature of Petitioner or Agent Date ___________________________________ Printed named of signing party ional fee for the 5 and subsequent re-submit _____________________________________________________________ o o D. Wayne Arnold, AICP May 21, 2021 9.A.1.k Packet Pg. 159 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358 0DUFK Page 6 of 11 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Package Treatment Plant (GPD Capacity): _________________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _________ Average Daily: __________ B. Sewer-Peak: _________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ St. Matthew's House, Inc. 2001 Airport Road S. Naples FL 34112 239-774-0500 vann@stmatthewshouse.org 2001 and 2601 Airport Road S. 12 50 25 1K Glades Unit 2 See Boundary Survey 10 88 34840520004 and 00390000008 X X Additional Office Space 66,000 SF Additional Shelter Beds 46 14,960 gpd 22,440 gpd Connections are existing 9.A.1.k Packet Pg. 160 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Project Name: St. Matthew's House Commercial Date: 7/29/2021 Additional Water and Wastewater Demand Calculations Development Type: Commercial (Additional Office Use and Additional Shelter beds) Additional Office Space 66,000 SF Additional Shelter Beds 46 %HGV Average Daily Flow (ADF) Design Criteria per Chapter 64E-6 of the State of Florida Department of Health Florida Administrative Code, Standards for Onsite Sewage Treatment and Disposal Systems. Office:Additional Beds and Meals Using 15 gpd/100 SF for 66,000 SF Using 100 GPD/Bed for 46 beds Using 5 GPD/meal X 2 ml/bed 46 beds Average Daily Flow = 0.15 gpd/sf x 66,000 SF =9,900.0 GPD 100 gpd/bed x 46 beds =4,600.0 GPD 5 gpd/meal x 2 46 beds =460.0 GPD Total Average Daily Flow in GPD =14,960.0 GPD Total Average Daily Flow in GPM =10.4 gpm Peak Hour (PH) Factor x Average Daily Flow Factor =4 3 LQIRUPXODIURP7HQ6WDWHV6WDQGDUGV =59,840.0 GPD =41.56 gpm Max Day (MD) Max Day = Max Day Factor x Average Daily Flow Max Day Factor =1.5 =22,440 GPD =15.58 gpm Peak Flow Max 9.A.1.k Packet Pg. 161 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) City of Naples UTILITIES DEPARTMENT 295RIVERSIDE CIRCLE ●NAPLES,FLORIDA 34102 TELEPHONE (239)213-5051 ●UTILITIESFORMS@NAPLESGOV.COM Ethics above all else ... Service to others before self ... Quality in all that we do. Page 1 of 2 July 28, 2021 Javier Martinez GradyMinor 3800 Via Del Rey Bonita Springs, FL 34134 jmartinez@gradyminor.com Subject: Potable Water Service Availability for St Matthew’s House Addition, 2001 & 2601 Airport Pulling Rd. S. – Folio #34840520004 & #00390000008 Dear Mr. Martinez: In response to the request for a Letter of Availability for potable water service (domestic and /or irrigation use) for the proposed St. Matthew’s House Addition,received via email on July27,2021, this office has reviewed the subject site for available potable water service. Based on the referenced information and review, this office confirms the following: 1. The subject property is located within the City of Naples potable water service area. 2. The City of Naples has adequate treatment plant capacity for the proposed project. 3. The proposed improvements must meet current City of Naples Utilities Standards and must be submitted to the Utilities Department for review and approval (water only). 4. Should the scope of proposed project change to impact City utility services, the project’s engineer of record shall remain responsible to contact the City for appropriate reviews and analysis. This letter does not imply or guarantee thatadequate potable water distribution main facilities of sufficient size and capacity exist at the property; such utilities as may be needed for new site development shall remain the developer’s responsibility to design, permit and construct. Based on the above, this office has no objections to this project subject to appropriate reviews by all utility service providers (including the City of Naples), Collier County, and the Fire District. Should you have any questions or require any additional information or action from this office, please do not hesitate to call this office at (239) 213-5051 or e-mail dmking@naplesgov.com. 9.A.1.k Packet Pg. 162 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Ethics above all else ... Service to others before self ... Quality in all that we do. Page 2 of 2 Sincerely, Denise King Utilities Permit Coordinator Cc: Bob Middleton, Utilities Director Michelle Baines, P.E., Deputy Utilities Director David Banter, Utilities Inspector 9.A.1.k Packet Pg. 163 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) St. Matthew’s House CPUD – PL20210000176 Evaluation Criteria July 12, 2021 Page 1 of 7 SMHPUD-21 Evaluation Criteria-r1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. Narrative Statement Describing Request. The proposed CPUD rezone seeks to unify all contiguous properties under the ownership of St. Matthew’s House, Inc. into a singular zoning District. The properties are currently zoned C-4 (GTMUD-MXD) and PUD (Devoe Pontiac PUD). The properties, with the exception of the northernmost Tract A of the proposed PUD, are located within Mixed Use Activity Center #16 of the Future Land Use Element. The properties have been developed with a 104 bed men’s and women’s homeless shelter, restaurant, and thrift store with ancillary uses. The existing site is developed with approximately 64,000 square feet of commercial uses, in addition to the homeless center use. The PUD proposes to increase the number of homeless shelter beds from 104 to 150, and request 130,000 square feet of general commercial, office, social service, and warehouse uses on the 11.89+/- acre site. Under the current zoning, there is no limitation on the maximum permissible commercial square footage. The proposed PUD will limit the general commercial uses to a maximum of 130,000 square feet. The Conceptual PUD Master Plan identifies the conceptual development proposed for the site. No new access points are proposed to the properties. PUD Rezone Considerations (LDC Section 10.02.13.B) a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The properties are currently zoned as either C-4, General Commercial or PUD, which permit a wide variety of commercial land uses. The homeless shelter was originally as an 84-bed facility and expanded to 104 beds through the Conditional Use process in 1999. St. Matthew’s House, Inc. has since acquired the Devoe PUD property and the former Devoe Pontiac new and used car dealership. The majority of the 11.89± acre site is located within the Mixed Use Activity Center which authorizes a wide variety of commercial land uses consistent with those permitted within the Activity Center land use designation. The properties are well suited for St. Matthew’s House Inc. to continue to develop their campus for social service, retail and office uses. Areas of the site which are presently underdeveloped can be repurposed to increase commercial square footage, as well increase the number of homeless shelter beds on Tract A only. The site has water and sewer 9.A.1.k Packet Pg. 164 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Page 2 of 7 services and has existing access points that have been permitted by Collier County. All necessary infrastructure is in place to serve the proposed PUD. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant controls land within the Devoe Pontiac CPUD. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) Future Land Use Element: Policies 5.3 and 5.4 require that rezoning applications must be consistent with the Growth Management Plan. Policy 5.3 also provides that properties deemed consistent by policy may be combined with other properties as part of a rezoning application. The proposed CPUD is partially located within Mixed Use Activity Center #16 and is located within the Bayshore Gateway Triangle Redevelopment Overlay. Tract A of the PUD is currently zoned C-4 and was previously determined to be consistent with the Future Land Use by compatibility exception. The proposed non-residential uses are consistent with those permitted in the Mixed Use Activity Center Future Land Use Designation and the Bayshore Gateway Triangle Redevelopment Overlay. Policy 5.5 discourages urban sprawl by supporting development of properties within the urban area where public facilities are in place to provide necessary services to these properties. The Subject property is within the Urban Boundary and has all necessary public services to support the proposed non-residential uses within the PUD. Policy 5.6 requires that rezoning applications must be determined to be compatible and complementary to the surrounding land uses. The subject property has been developed with a variety of non-residential uses and has existing buffers in place along the eastern property boundary, adjacent to The Point at Naples apartments. Properties to the North, South and West are all commercial properties having the same general intensity of uses proposed to be developed within the St. Matthew’s House CPUD. The PUD also contains development standards which will provide for appropriate building heights and setbacks for future development on the property. 9.A.1.k Packet Pg. 165 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Page 3 of 7 Policy 5.13 establishes that any property deemed consistent by compatibility exception is consistent with the Growth Management Plan; therefore, the proposed uses, consistent with the C-4 zoning district are consistent with the Growth Management Plan. Objective 7 and Policy 7.1 encourage interconnections between properties where feasible. The St. Matthew’s House CPUD provides internal interconnections within the PUD and does share an access to Airport-Pulling Road via Great Blue Drive with The Point at Naples apartment complex (David A. Gallman Estate PUD). The northern property boundary is Glades Boulevard, and a driveway connection exists to Glades Boulevard. To the south, a vehicular interconnection is not feasible with the Court Plaza office and retail center as it is fully developed, and an interconnection is not feasible without modifying their internal circulation and parking. Pedestrian interconnectivity is provided via the sidewalk located within the Airport-Pulling Road right-of-way. Conservation and Coastal Management Element: The properties have been previously cleared and developed, with the exception of a 0.29± acre area which also serves as a component of the stormwater management system for the property and native vegetation preservation area. The small upland within the existing Devoe PUD property will be retained and has been identified as a Preserve on the St. Matthew’s House CPUD Conceptual PUD Master Plan. The preservation of this area is consistent with the intent of Policy 6.1.1. Public Facilities Elements: Water and Sewer service is provided by the City of Naples. A traffic impact analysis has been prepared for the CPUD and concludes that there are no level of service impacts associated with the proposed rezoning and is; therefore, consistent with Policy 1.3 of the Transportation Element. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The property has largely been developed under the existing PUD and C-4 development standards. Buffers have been installed, and mature vegetation exists between the CPUD and The Pointe apartment complex located immediately to the east of the PUD. The PUD document does contain development standards that are appropriate for development and redevelopment of the PUD and may be deemed compatible with the surrounding properties. e. The adequacy of usable open space areas in existence and as proposed to serve the development. 9.A.1.k Packet Pg. 166 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Page 4 of 7 The Devoe Pontiac CPUD Master Plan identifies open space, which meets or exceeds the Land Development Code (LDC) requirements for open space for commercial development. Additionally, the CPUD contains maximum building coverage requirements, which may provide additional open space on each developable tract. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The project is subject to concurrency and adequate infrastructure must be in place to support future development on the site. g. The ability of the subject property and of surrounding areas to accommodate expansion. The Devoe Pontiac CPUD is an existing PUD, which is surrounded by zoned and developed land and there is no opportunity for expansion of the PUD. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The CPUD does include a deviation related to the calculation of required building square footage per person per LDC Section 5.05.04, Group Housing. This deviation will allow for expansion of the shelter building on Tract A of the Conceptual PUD Master Plan. A deviation has also been requested from the parking standards from Group Housing, which will allow for fewer parking spaces serving the shelter component of the project, due to the few, if any, persons occupying the shelter, and that administrative parking is located proximate the administrative offices located in Tract B of the Conceptual PUD Master Plan. The deviations and justification are provided in the PUD rezone application materials. LDC Section 10.02.08 F - Requirements for Amendments to the Official Zoning Atlas F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. The proposed change is consistent with the Growth Management Plan, please refer to the consistency description provided in item C above. 9.A.1.k Packet Pg. 167 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Page 5 of 7 2. The existing land use pattern. The existing land use pattern is supportive of the rezoning of the properties from C- 4 GTMUD-MXD and PUD to CPUD. The property has been developed under the existing zoning designation and surrounding commercial properties to the North, South and West have also been developed. The property to the east of Tract B is an existing 290-unit multi-family apartment complex (David A. Gallman Estate PUD) and has a shared access via Great Blue Drive with the proposed CPUD. To the east of Tract A are multi-family dwellings that are part of the Glades community and are separated from the group home by an existing solid fence. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The CPUD is existing and the amendment will not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The properties as they exist today are illogically drawn. The southernmost building that formerly housed the automobile dealership was constructed across the C-4 and Devoe Pontiac PUD boundary. The rezoning to a singular zoning district will allow the entire property under singular ownership to be developed utilizing common development standards. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. St. Matthew’s House Inc. owns all properties included in the proposed CPUD. The two zoning districts in existence today bifurcate the property and creating a single zoning district with standardized development standards will allow future development and redevelopment under a unified development plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed CPUD will not adversely influence living conditions in the area. The property is currently developed with group housing, restaurant and catering facility, a retail store and administrative offices. The site can accommodate expansion of the existing uses and will do so utilizing development standards as identified in the PUD document. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of 9.A.1.k Packet Pg. 168 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Page 6 of 7 peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. A traffic impact analysis has been prepared for the proposed PUD which concludes that the rezoning does not result in an excessive increase in traffic congestion, nor does it result in types of traffic inappropriate for the area. The PUD has frontage on Airport-Pulling Road which is classified as an arterial roadway and is a major north/south corridor in Collier County, which is designed to accommodate all types of vehicular traffic. 8. Whether the proposed change will create a drainage problem. All proposed improvements will be required to be reviewed by the SFWMD as part of an environmental resource permit, which includes a review of the surface water management system to ensure compliance with approved discharge rates for this drainage basin. The overall drainage system is in place. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The changes will have no impact to light or air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed change should have no impact on property values on adjacent property. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed rezoning of the existing commercially zoned property to a unified PUD will not be a detriment to improvement or redevelopment of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The applicant owns property within the CPUD and has the authority to seek amendments to their entitlements. Any property owner within the CPUD has the authority to propose amendments; therefore, there is no grant of special privilege associated with the amendment. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 9.A.1.k Packet Pg. 169 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Page 7 of 7 Yes, the two different zoning designations governing the property today have different development standards and permitted uses. Rezoning the property to a singular zoning district with consistent uses and standard and a unified master plan will result from the change. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The suggested changes are not out of scale with the neighborhood. Most of the property is within a designated mixed use activity center which provides for a wide variety of non-residential uses. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other sites within Collier County that could accommodate the proposed uses; however, the applicant currently owns all of the property included in the proposed rezoning application. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The site has been improved with buildings, parking and water management system. Future development and redevelopment will require little site alteration of the site. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There are no existing or anticipated public facilities deficiencies that impact the site. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. The CPUD contains appropriate development standards and commitments, which will insure the protection of the public health, safety and welfare. 9.A.1.k Packet Pg. 170 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 171 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 172 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 173 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 174 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 175 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 176 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 177 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 178 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 179 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 180 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 181 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 182 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 183 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 184 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 185 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 186 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 187 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 188 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 189Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 1 of 3 This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership N.A. b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership St. Matthews House, Inc., Florida Not for Profit Corporation 2001 Airport Road S, Naples, FL 34112 100 Steve Brooder, COO Wimberly B Smith, CFO Joe Trachtenberg, Chairman Sam McCullough, Vice Chair Rich Grows, Treasurer Mimi Scofield, Secretary c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership N.A. PROPERTY OWNERSHIP DISCLOSURE FORM 9.A.1.k Packet Pg. 190 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 2 of 3 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership N.A. e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership N.A. Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address N.A. g. Date subject property acquired 2003 and 2013 Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: 9.A.1.k Packet Pg. 191 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 3 of 3 Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition’s final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 May 3, 2021 Agent/Owner Signature Date D. Wayne Arnold, AICP Agent/Owner Name (please print) AFFIRM PROPERTY OWNERSHIP INFORMATION 9.A.1.k Packet Pg. 192 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 193Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 194Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) K>>/ZKhEdz'KsZEDEd 'ZKtd,DE'DEdWZdDEd ǁǁǁ͘ĐŽůůŝĞƌŐŽǀ͘ŶĞƚ ϮϴϬϬEKZd,,KZ^^,KZ/s EW>^͕&>KZ/ϯϰϭϬϰ ;ϮϯϵͿϮϱϮͲϮϰϬϬ&y ;ϮϯϵͿϮϱϮͲϱϳϮϰ ADDRESSING CHECKLIST 3OHDVHFRPSOHWHWKHIROORZLQJDQGHPDLOWR*0'B$GGUHVVLQJ#FROOLHUJRYQHWRUID[WRWKH2SHUDWLRQV'LYLVLRQ DWRUVXEPLWLQSHUVRQWRWKH$GGUHVVLQJ6HFWLRQDWWKHDERYHDGGUHVV)RUPPXVWEHVLJQHGE\ $GGUHVVLQJSHUVRQQHOSULRUWRSUHDSSOLFDWLRQPHHWLQJplease allow 3 days for processing. 1RW DOO LWHPV ZLOO DSSO\ WR HYHU\ SURMHFW ,WHPV LQbold type DUHUHTXLUHGFOLIO NUMBERS MUST BE PROVIDED.)RUPVROGHUWKDQPRQWKVZLOOUHTXLUHDGGLWLRQDOUHYLHZDQGDSSURYDOE\WKH$GGUHVVLQJ6HFWLRQ PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) %/%ODVWLQJ3HUPLW %'%RDW'RFN([WHQVLRQ &DUQLYDO&LUFXV3HUPLW &8&RQGLWLRQDO8VH (;3([FDYDWLRQ3HUPLW )3)LQDO3ODW //$/RW/LQH$GMXVWPHQW 31&3URMHFW1DPH&KDQJH 33/3ODQV 3ODW5HYLHZ 3633UHOLPLQDU\6XEGLYLVLRQ3ODW 38'5H]RQH 5=6WDQGDUG5H]RQH 6'36LWH'HYHORSPHQW3ODQ 6'3$6'3$PHQGPHQW 6'3,,QVXEVWDQWLDO&KDQJHWR6'3 6,36LWH,PSURYHPHQW3ODQ 6,3,,QVXEVWDQWLDO&KDQJHWR6,3 6156WUHHW1DPH&KDQJH 61&6WUHHW1DPH&KDQJH±8QSODWWHG 7'57UDQVIHURI'HYHORSPHQW5LJKWV 9$9DULDQFH 9539HJHWDWLRQ5HPRYDO3HUPLW 956)39HJHWDWLRQ5HPRYDO 6LWH)LOO3HUPLW 27+(5 LEGAL DESCRIPTION RIVXEMHFWSURSHUW\RUSURSHUWLHV(copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s)RIDERYH(attach to, or associate with, legal description if more than one) 675((7$''5(66RU$''5(66(6(as applicable, if already assigned) 352326('675((71$0(6(if applicable) 6,7('(9(/230(173/$1180%(5(for existing projects/sites only) LOCATION MAP PXVWEHDWWDFKHGVKRZLQJH[DFWORFDWLRQRISURMHFWVLWHLQUHODWLRQWRQHDUHVWSXEOLFURDGULJKW RIZD\ 352326('352-(&71$0((if applicable) 6'3RU$5RU3/ 6859(<FRS\QHHGHGRQO\IRUXQSODWWHGSURSHUWLHV &855(17352-(&71$0((if applicable) Rev. 6/9/2017 Page 1 of 2 ■PUD to PUD Rezone S12, T50, R25 34840520004 and 00390000008 2001 and 2601 Airport Road South Devoe Pontiac PUD St. Matthew's House CPUD PL20190001689 9.A.1.k Packet Pg. 195 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) K>>/ZKhEdz'KsZEDEd 'ZKtd,DE'DEdWZdDEd ǁǁǁ͘ĐŽůůŝĞƌŐŽǀ͘ŶĞƚ ϮϴϬϬEKZd,,KZ^^,KZ/s EW>^͕&>KZ/ϯϰϭϬϰ ;ϮϯϵͿϮϱϮͲϮϰϬϬ&y ;ϮϯϵͿϮϱϮͲϱϳϮϰ 3OHDVH5HWXUQ$SSURYHG&KHFNOLVW%\(PDLO3HUVRQDOO\SLFNHGXS ASSOLFDQW1DPH 6LJQDWXUHRQ$GGUHVVLQJ&KHFNOLVWGRHVQRWFRQVWLWXWH3URMHFWDQGRU6WUHHW1DPH DSSURYDODQGLVVXEMHFWWRIXUWKHUUHYLHZE\WKH2SHUDWLRQV'LYLVLRQ FOR STAFF USE ONLY FROLR Number Folio Number Folio Number Folio Number )ROLR1XPEHU )ROLR1XPEHU Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED )D[ (PDLO)D[3KRQH 3URMHFWRUGHYHORSPHQWQDPHVSURSRVHGIRURUDOUHDG\DSSHDULQJLQFRQGRPLQLXPGRFXPHQWVLIDSSOLFDWLRQ LQGLFDWHZKHWKHUSURSRVHGRUH[LVWLQJ Rev. 6/9/2017 Page 2 of 2 34840520004, 00390000008 03/18/2021 St. Matthew's House CPUD ■ Sharon Umpenhour 239-947-1144 sumpenhour@gradyminor.com 9.A.1.k Packet Pg. 196 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 197 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 198 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 199 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 200 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 201 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 202 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) N 89°41'00" E 400.00'S 0°19'00" ES 89°41'00" W 200.00'S 0°19'00" E 990.00'N 89°41'00" E 460.00'S 0°19'00" E 330.00'S 89°41'00" W 660.00'N 0°19'00" W 1575.00'255.00'BOUNDARY SURVEYDRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:21-48-BS.DWGGradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.4380LEGENDPROPERTY DESCRIPTIONNOTES:3/30/20211" = 60'SMHCUA-21DLSKJG1 of 1ST. MATTHEW'S HOUSE CAMPUSA PARCEL OF LANDLYING INSECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EASTCOLLIER COUNTY, FLORIDALOT 1GLADES BLVDAIRPORT PULLING RD (C.R. 31)POB9.A.1.kPacket Pg. 203Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DAVIS BLVD AIRPORT PULLING RD STA MIA MI T RL E Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community St. Matthew's House CPUD Amendment Location Map . 560 0 560280 Feet GLADES BLVD Subject Property 9.A.1.k Packet Pg. 204 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 205 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 206 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 207 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 208 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 209 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 210 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 211 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 212 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 213 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 214 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 215 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A7319.A.1.kPacket Pg. 216Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A7319.A.1.kPacket Pg. 217Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 218 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A7319.A.1.kPacket Pg. 219Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A7319.A.1.kPacket Pg. 220Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A7319.A.1.kPacket Pg. 221Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 222 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 223 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 224 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 225 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 226 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 227 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 228 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 229 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 230 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A731 9.A.1.k Packet Pg. 231 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A7319.A.1.kPacket Pg. 232Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A7319.A.1.kPacket Pg. 233Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) DocuSign Envelope ID: 7384E8F4-1EC4-404A-9612-86DE4FB8A7319.A.1.kPacket Pg. 234Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) St. Matthew’s House CPUD (PL20210000176) Deviation Justification July 12, 2021 Page 1 of 1 SMHPUD-21 Deviation Justification-r1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com 1. Deviation 1 seeks relief from LDC Section 5.05.04.C, “Group Housing - Table of site design standards for category I and category II group care facilities”, which requires a minimum habitable floor area (sq. ft.) for homeless shelters as 1,500 + 150 for each person over six to allow a minimum habitable floor area of 100 sq. ft. per bed. Justification: This proposed standard simplifies the minimum floor area per person calculation for the shelter. Almost all administration functions for the shelter are located on Tract ‘B’ of the PUD. the shelter floor area can be expressed only on a per person/bed. There are no state standards that regulate the amount of square footage that is required for a homeless shelter. The proposed standard will assure a local minimum habitable floor area per shelter resident. 2. Deviation 2 seeks relief from LDC 4.06.02, “Table 2.4, Table of Buffer Requirements by Land Use Classifications”, which requires a 10’ Type A buffer to be provided between adjacent commercially zoned properties, to instead provide no buffer along the southern property boundary of the PUD. At the time of redevelopment of the portion of the PUD adjacent to the southerly property boundary which impacts the existing paved parking area at the southern property line, a 10’ wide Type A landscape buffer shall be provided. Justification: At the time of original development of the property, the conventional zoning district required no building setback and therefore no buffer was required. The property owner will provide the now required 10’ wide Type A buffer at the time of redevelopment of the southernmost development area of the property if the existing parking and paved areas are impacted from the redevelopment. 9.A.1.k Packet Pg. 235 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 236Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Page 1 of 3 HEX NO. 2020-29 CORRECTIVE HEARING EXAMINER DECISION (To Correct Scrivener’s Error in Hex No. 2020-05) DATE OF HEARING. This CORRECTIVE DECISION is approved on December 15, 2020, in order to correct a scrivener’s error in HEX Decision No. 2020-05, wherein an exhibit to the decision was inadvertently not included. PETITION. Petition PDIPL20200000201: DEVOE PONTIAC PDI – A request for an Insubstantial Change to Ordinance Number 97-14, the DeVoe Pontiac Planned Unit Development, to revise the Master Plan to add a pedestrian and vehicular interconnection with the adjacent property to the north. The subject property, consisting of 4.55+/- acres, is located on the east side of Airport Road, approximately 250 feet south of Glades Boulevard, in Section 12, Township 50 South, Range 25 East, Collier County, Florida. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 2. The public hearing was conducted electronically and in-person in accordance with Emergency/Executive Order 2020-04. 3. The Petitioner and/or Petitioner’s representative executed the Hybrid Virtual Quasi-Judicial Public Hearing Waiver related to conducting the public hearing electronically and in-person. 4. The Petitioner and/or Petitioner’s representative presented the Petition, followed by County staff and then public comment. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County’s staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner’s representative(s), County staff and any given by the public, the Hearing Examiner finds that there 9.A.1.k Packet Pg. 237 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Page 2 of 3 is sufficient competent, substantial evidence as applied to the criteria set forth in Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number PDI-PL2.020000020, filed by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. representing St. Matthews House, Inc., with respect to the property as described in the DeVoe Pontiac Planned Unit Development PUD, Ordinance No. 97-14, for the following insubstantial change: • To add a vehicular and pedestrian interconnection within property under common ownership. . Said changes are fully described in the Site Development Plan Amendment with Interconnection Note (PL20180002477) attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A – Site Development Plan Amendment Sheet with Interconnection Note (PL2018002477) Exhibit B – DeVoe Pontiac PUD Master Plan LEGAL DESCRIPTION. See Ordinance No. 97-14, the DeVoe Pontiac Planned Unit Development PUD. 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 9.A.1.k Packet Pg. 238 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Page 3 of 3 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 Andrew Dickman, Esq., AICP Hearing Examiner 9.A.1.k Packet Pg. 239 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) EXHIBIT “A” 9.A.1.k Packet Pg. 240 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 241Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning EXHIBIT “B” 9.A.1.k Packet Pg. 242 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 0 200'100' SCALE: 1" = 200' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" 9.A.1.k Packet Pg. 243 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 9.A.1.k Packet Pg. 244 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 245Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 246Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 247Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 248Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning 9.A.1.k Packet Pg. 249 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 250 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 251 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 252 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 253Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning 9.A.1.k Packet Pg. 254 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 255Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 256 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 257Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 258 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 259 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 260 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 261 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 262 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 263 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 264 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 265 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 266 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 267 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 268 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 269 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 270 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 271 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 272 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 273 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.kPacket Pg. 274Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning 9.A.1.k Packet Pg. 275 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 276 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Project Location Map NOTICE OF NEIGHBORHOOD INFORMATION MEETING PROJECT NAME: St. Matthew’s House CPUD Rezone (PL20210000176) A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing St. Matthews House, Inc. (Applicant) will be held August 11, 2021, 5:30 pm at the Salvation Army Church, 3170 Estey Ave, Naples, FL 34104. Questions or comments please contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor.com, phone: 239‐947‐1144. For project information or to register to participate remotely go to, gradyminor.com, click on the Planning tab and scroll down to the project name. St. Matthews House, Inc. has submitted a formal application to Collier County, seeking approval of a Planned Unit Development (PUD) rezone. The rezone proposes to amend the existing Devoe Pontiac CPUD to expand the PUD boundary to the north and south; to incorporate C‐4 zoned properties under their common ownership and change the name of the PUD to St. Matthew’s House Commercial Planned Unit Development (CPUD). The rezone proposes to increase the number of homeless shelter beds from 104 to 150, and request 130,000 square feet of general commercial, office, social service, and warehouse uses. The subject property (St. Matthew’s House CPUD) is comprised of approximately 11.89± acres, located on the east side of Airport‐Pulling Road approximately 1,500 feet south of Davis Boulevard in Section 12, Township 50 South, Range 25 East, Collier County, Florida. Please be advised that any information provided is subject to change until final approval by the governing authority. 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Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. 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(Applicant)will be held August 11,2021,5:30 pm at the Salvation Army Church,3170 Estey Ave,Naples,FL 34104.Questions or comments please contact Sharon Umpenhour,Senior Planning Te chnician with Q.Grady Mi- nor &Associates,P.A.by email:sumpenhour@gradyminor.com,phone:239- 947-1144.For project information or to register to participate remotely go to,gradyminor.com,click on the Planning tab and scroll down to the project name. St.Matthews House,Inc.has submitted a formal application to Collier Coun- ty,seeking approval of a Planned Unit Development (PUD)rezone.The re- zone proposes to amend the existing Devoe Pontiac CPUD to expand the PUD boundary to the north and south;to incorporate C-4 zoned properties under their common ownership and change the name of the PUD to St.Mat- thew’s House Commercial Planned Unit Development (CPUD).The rezone proposes to increase the number of homeless shelter beds from 104 to 150, and request 130,000 square feet of general commercial,office,social service, and warehouse uses. The subject property (St.Matthew’s House CPUD)is comprised of approxi- mately 11.89±acres,located on the east side of Airport-Pulling Road ap- proximately 1,500 feet south of Davis Boulevard in Section 12,To wnship 50 South,Range 25 East,Collier County,Florida. Please be advised that any information provided is subject to change un- til final approval by the governing authority.The Neighborhood Information Meeting is for informational purposes,it is not a public hearing. 9.A.1.k Packet Pg. 283 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 284 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Project Location Map NOTICE OF NEIGHBORHOOD INFORMATION MEETING PROJECT NAME: St. Matthew’s House CPUD Rezone (PL20210000176) A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing St. Matthews House, Inc. (Applicant) will be held August 11, 2021, 5:30 pm at the Salvation Army Church, 3170 Estey Ave, Naples, FL 34104. Questions or comments please contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor.com, phone: 239‐947‐1144. For project information or to register to participate remotely go to, gradyminor.com, click on the Planning tab and scroll down to the project name. St. Matthews House, Inc. has submitted a formal application to Collier County, seeking approval of a Planned Unit Development (PUD) rezone. The rezone proposes to amend the existing Devoe Pontiac CPUD to expand the PUD boundary to the north and south; to incorporate C‐4 zoned properties under their common ownership and change the name of the PUD to St. Matthew’s House Commercial Planned Unit Development (CPUD). The rezone proposes to increase the number of homeless shelter beds from 104 to 150, and request 130,000 square feet of general commercial, office, social service, and warehouse uses. The subject property (St. Matthew’s House CPUD) is comprised of approximately 11.89± acres, located on the east side of Airport‐Pulling Road approximately 1,500 feet south of Davis Boulevard in Section 12, Township 50 South, Range 25 East, Collier County, Florida. Please be advised that any information provided is subject to change until final approval by the governing authority. 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Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.Petition: PL20210000176 | Buffer: 500' | Date: 6/28/2021 | Site Location: 34840520004 & 00390000008POList_500_PL20210000176.xls9.A.1.kPacket Pg. 286Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 2DMC PROPERTIES LLP 2122 JOHNSON STFORT MYERS, FL 33901---3408 STANFORD SQUARE A CONDOMINIUM UNIT 10174869000028 UDOBKIN, PATRICIA REIDY JEFFREY DOBKIN 323 CYNWYD RDBALA CYNWYD, PA 19004---2636 NAPLES WINTERPARK I A CONDOMINIUM UNIT 241163556680005 UDOONE, GARRY P & SUSAN L 7603 PARK BEND COURTWESTERVILLE, OH 43082---0 GLADES C C APTS #7,THE (CONDO) APT 157235242600000 UDORIA VENTURES LLC 2560 GOLDEN GATE BLVD WNAPLES, FL 34120---0 STANFORD SQUARE A CONDOMINIUM UNIT 60174869000125 UDUAX, BRIAN CARL & KRISTIN J 708 NW REINHARTANKENY, IA 50023---0 NAPLES WINTERPARK I A CONDOMINIUM UNIT 50363552520004 UDYEHOUSE, JUDITH A 3223 CALEDONIA AVENAPLES, FL 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Good evening. I’m Wayne Arnold of Grady Minor and here representing Saint Matthew’s House Organization tonight. This is Steve Brooder, the COO of the organization. Jill Mesner is also with Saint Matthew’s House. Debrah Forester is here with Collier County Gateway Triangle CRA. Nancy Gundlach is a principal planner with the zoning department for Collier County. Frank Feeney is one of our engineers with Grady Minor and this is Sharon Umpenhour, who’s recording the meeting tonight and she’s with Grady Minor and Associates. So, we’re here representing the Saint Matthew’s House. And the property is property that they own entirely, it’s outlined in the aerial photograph. And it makes up what was the old Devoe Pontiac site as well as the existing Saint Matthew’s House shelter facility at Glades Boulevard. And we are rezoning the properties into a consolidated, planned unit development for the organization. Part of the properties are zoned C4 Commercial. As part of the overlay. [00:01:00] And then, part of it’s the old Devoe Pontiac PUD. A piece in the middle of the zone, PUD. It allows for certain uses. So, we’re taking all of the C4 and PUD property and recombining them into one singular PUD to allow Saint Matthew’s House to utilize that in the future for their campus and future development on the site. The shelter was approved back in, I think year 1999. [00:01:30] And it allows 104 beds. We’re asking for that number to be increased up to 150 in the future. Steve Rigsbee: I’m hard of hearing, couldn’t hear it. Wayne: Okay. What part didn’t you hear? Steve R: I heard [inaudible] that’s the last I heard. Wayne: No, I didn’t. I said that’s zoned for 104 beds, for their shelter. Steve R: Yeah. Wayne: That we’re proposing to increase that number to 150 beds over time. Steve R: Absolutely unacceptable. Wayne: Okay, thanks. I’m gonna go ahead and finish the presentation, okay? [00:02:00] So, we’re proposing a master plan that establishes Tract A, which would be where the existing shelter is located. And all the future shelter improvements would also be 9.A.1.k Packet Pg. 293 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) St. Matthew’s House PUD Rezone (PL20210000176) 8-11-2021 NIM Transcript Page 2 of 5 located on that Tract. It’s at the Glades Boulevard, Airport Road Facility. And then we’ve outlined Tract B, which allows conventional C4 Commercial type uses, and some other incidental uses that would be related to the administration of Saint Matthew’s House and some other of their thrift store and things of that nature. [00:02:30] We have a list of permanent uses in the PUD document [inaudible] [00:02:36]. And breaks it out by Tract A, the shelter facility. And Tract B, which would all be commercial uses. We’ve created development standards that are required. The standards are very comparable to what’s allowed there today. And as for the present two deviations. [00:03:00] One related to the shelter, which allows a different per square foot conversion than the LDC requires. And we’ve also asked for a buffer deviation and staff has asked us to provide for because the original Devoe Pontiac building was constructed before buffer requirements were there. So, if we make substantial revisions, they’ve asked us to add in buffers for code. So, those are the two deviations from code that we’ve currently asked for. And just from a process standpoint, this is the required neighborhood information meeting. [00:03:31] So, we filed the zoning application. We’ve had a round of review comments from staff. We’re required to hold this meeting before we can proceed to public hearing. So, at some point in the next few months, we will be holding a public hearing for the Collier County Planning Commission. And then they’ll make a recommendation on our proposal to the Board of County Commissioners. And so, in a nutshell, it’s a pretty simplistic application. They’re presently allowed all the commercial uses today that we’re asking for under the comprehensive plan and the overlay. [00:04:01] And then, we have the shelter, which really, the significance of the increase over time would be from the 104 beds to 150 beds as they grow that facility over time. So, in a nutshell, that’s kinda where we are. We don’t have hearing dates established yet. If you received a notice for this meeting, you’ll get a notice for the upcoming planning commission hearing from staff. And then there will be signs posted on the property. The big 4 by 8 sheets of plywood that have the advertising information on them. [00:04:32] As we get closer to the hearing. So, with that in a nutshell, I’ll be happy to try to answer any questions you might have. 9.A.1.k Packet Pg. 294 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) St. Matthew’s House PUD Rezone (PL20210000176) 8-11-2021 NIM Transcript Page 3 of 5 Steve R: Why do you want to keep importing people from all over the country to a place only, that I know of after 38 years of being sober, two people have made it out of your Matt’s House? Speaker: What is your name, sir? Steve R: Or the three people that were convicted of rape coming out of the Saint Matt’s House. [00:05:00] Wayne: I don’t think the comment deserves a response. Steve R: I’m sorry? Wayne: I don’t think your question deserves a comment from me. Steve R: You don’t think you should answer the public? Wayne: You provided an opinion and I’m happy to take it. We’re recording the minutes and we’ll let the others decide. But I don’t think that’s a fair question. Steve Brooder: It’s irrelevant. Wayne: Any other comments? Steve R: Your people come into my neighborhood in Wilmer Heights, they rob, and they steal. [00:05:30] And that’s acceptable? No, it’s not. I live on Andrew Drive. Wayne: Okay. Steve R: Alusa is right across the street from where you put the other place. You’d be in 1,000 feet of your present situation if you incorporated all that, plus the other place down there where the old fire station used to be. [00:06:00] So, you’re in violation of your own ordinance. Wayne: I’m not aware that we’re in violation of any ordinance. Steve R: Well, I’m telling you, you have to be 1,000 feet away from a halfway house. That’s the law. That’s what’s written. Wayne: The shelter is not within 1,000 feet of any other shelter. Steve R: I’m sorry? 9.A.1.k Packet Pg. 295 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) St. Matthew’s House PUD Rezone (PL20210000176) 8-11-2021 NIM Transcript Page 4 of 5 Wayne: The existing shelter is not within 1,000 feet of any other shelter. Steve R: Okay. Well, it wouldn’t be within this expansion? [00:06:30] Wayne: The shelter is only allowed on the existing location where it’s located today. Steve R: I’m sorry, sir. You’re gonna get a fight from my area. Wayne: That’s why we hold the meetings, you’re allowed to express your opinion and participate in the public process. Do you have any other questions or comments for us? Steve R: Just that, I don’t understand why you advertise all over the country to come here and get well. [00:07:00] And nobody makes it out of there. And then if they break the rules, you put them on the street. I’ve been at meetings where people say, we have nothing to do. Because we have to come back at 3:00. They don’t do anything. They don’t go out and look for jobs, they don’t do anything. I’ve seen it more than half a dozen times. Wayne: I really can’t comment on those incidents. [00:07:30] I stand behind Saint Matthew’s House, they do great work in the community and they’re more than just the shelter, as you can imagine. Steve R: And a multi-million-dollar enterprise. All you do is advertise and bring people into this community that can’t get well, that don’t know how to get well. Wayne: I’m not gonna debate you, sir. But I don’t think the shelter advertises for people to come here from all over the country. Steve B: We don’t advertise. No. Wayne: That’s not true. Steve R: Maybe you don’t. Wayne: No, sir. Steve B: No, sir. I can say, we don’t advertise for people to come to our shelter. Steve R: I’m sorry, I’m hard of hearing. [00:07:59] 9.A.1.k Packet Pg. 296 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) St. Matthew’s House PUD Rezone (PL20210000176) 8-11-2021 NIM Transcript Page 5 of 5 Steve B: I can say, we do not advertise for people to come to our recovery programs or our shelter. Steve R: Okay. Steve B: Absolutely, do not. Steve R: Then I was mistaken, and I apologize for that. Steve B: Yeah. Okay. Wayne: Anything else? Appreciate you coming out. Steve R: Thank you. Wayne: Thank you. Anything else from Nancy or Deb? Then we’re adjourned? Thank you. [End of Audio] Duration: 9 minutes 9.A.1.k Packet Pg. 297 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) Petition:PL20210000176 St. Matthew’s House CPUD Rezone August 11, 2021 Neighborhood Information Meeting (NIM) Project information and a copy of this presentation can be found on our website: gradyminor.com/planning/ 9.A.1.k Packet Pg. 298 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House •St. Matthew's House, Inc. –Applicant •D. Wayne Arnold, AICP, Professional Planner –Q. Grady Minor & Associates, P.A. •Frank Feeney, P.E., Professional Engineer –Q. Grady Minor & Associates, P.A. •James M. Banks, PE, Traffic Engineer –JMB Transportation Engineering, Inc. 2 Project Team 9.A.1.k Packet Pg. 299 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House 3 Location Map 9.A.1.k Packet Pg. 300 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House Current Zoning:C-4 (GTMUD-MXD)and Devoe Pontiac CPUD Proposed Zoning:St.Matthew’s House CPUD Project Acreage:11.89+/-acres Proposed Request: The proposed CPUD rezone seeks to unify all contiguous properties under the ownership of St.Matthew’s House,Inc.into a singular Zoning District.The PUD proposes to increase the number of homeless shelter beds from 104 to 150,and request 130,000 square feet of general commercial,office,social service,and warehouse uses on the 11.89+/-acre site.Under the current zoning,there is no limitation on the maximum permissible commercial square footage.The proposed PUD will limit the general commercial uses to a maximum of 130,000 square feet. 4 Project Information 9.A.1.k Packet Pg. 301 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House 5 Current Zoning Map C-4-GTMUD-MXD (General Commercial District, Gateway Triangle Mixed Use Overlay District) Devoe Pontiac CPUD Approvals •Ordinance 97-14 –Original PUD Approval (4.55+/-Acres) •Resolution 1999-087 –Conditional Use for Homeless Shelter (2.34 +/-Acres) •HEX Decision 2020-29 –PUD Insubstantial Change to add interconnection to St. Matthew’s House Conditional Use Area Devoe Pontiac CPUD 9.A.1.k Packet Pg. 302 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House 6 Conditional Use Site Plan 9.A.1.k Packet Pg. 303 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House 7 Existing PUD Master Plan 9.A.1.k Packet Pg. 304 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House 8 Proposed PUD Master Plan 9.A.1.k Packet Pg. 305 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House 9 Proposed Permitted Uses 9.A.1.k Packet Pg. 306 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House 10 Proposed Development Standards 9.A.1.k Packet Pg. 307 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House 11 Proposed Deviations 9.A.1.k Packet Pg. 308 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House 12 Conclusion Documents and information can be found online: •Gradyminor.com/Planning •Collier County GMD Public Portal: cvportal.colliergov.net/cityviewweb Next Steps •Hearing sign(s) posted on property advertising Planning Commission (CCPC) and Board of County Commissioner (BCC) hearing dates. •CCPC –TBD •BCC -TBD Contact: •Q. Grady Minor & Associates, P.A.: Sharon Umpenhour, Senior Planning Technician; sumpenhour@gradyminor.com or 239.947.1144 extension 1249 •Collier County: Nancy Gundlach, AICP, Principal Planner; nancy.gundlach@colliercountyfl.gov or 239.252.2484 9.A.1.k Packet Pg. 309 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House 9.A.1.k Packet Pg. 310 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 9.A.1.k Packet Pg. 311 Attachment: Attachment H-Application (20792 : PL20210000176, St. Matthew's House CPUD - Zoning Petition -) 12/16/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.2 Item Summary: PL20210002604 - Scrivener's Errors and Cross-References - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to correct scrivener’s errors and update cross-references related to various Land Development Code (LDC) sections, including the Florida Building Code (FBC), the Florida Fire Prevention Code (FPC), the Florida Statutes (F.S.), and Florida Administrative Code (F.A.C.) Chapter and Rule citations, and to update the Goodland Zoning Overlay map with no boundary change; by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One General Provisions, including Sections 1.07.00 Laws Adopted By Reference and 1.08.02 Definitions; Chapter Two Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Four Site Design and Development Standards, including Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures and Section 4.02.22 Design Standards for the Goodland Zoning Overlay District; Chapter Five Supplemental Standards, including Section 5.05.04 Group Housing; Chapter Six Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.06.01 Street System Requirements; and Chapter Ten Application, Review, and Decision-Making Procedures, including Sections 10.01.02 Development Orders Required and 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Sean Kingston, AICP, CFM, Senior Planner] Meeting Date: 12/16/2021 Prepared by: Title: Senior Planner – Zoning Name: Sean Kingston 11/24/2021 1:50 PM Submitted by: Title: – Zoning Name: Mike Bosi 11/24/2021 1:50 PM Approved By: Review: Planning Commission Diane Lynch Review item Completed 11/29/2021 1:00 PM Zoning Diane Lynch Additional Reviewer Skipped 11/29/2021 1:01 PM Growth Management Operations & Regulatory Management Diane Lynch Review Item Skipped 11/29/2021 1:01 PM Zoning Mike Bosi Zoning Director Review Completed 11/29/2021 2:58 PM Growth Management Department James C French GMD Deputy Dept Head Completed 11/30/2021 5:44 PM Planning Commission Edwin Fryer Meeting Pending 12/16/2021 9:00 AM 9.A.2 Packet Pg. 312 1 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20210002604 SUMMARY OF AMENDMENT This amendment corrects scrivener’s errors and updates cross-references related to various Land Development Code (LDC) sections, including the Florida Building Code (FBC), the Florida Fire Prevention Code (FPC), the Florida Statues (F.S.) and Florida Administrative Code (F.A.C.) Chapter and Rule citations. ORIGIN Growth Management Department (GMD) HEARING DATES LDC SECTION TO BE AMENDED BCC TBD 1.07.00 1.08.02 2.03.07 4.02.03 4.02.22 5.05.04 6.06.01 10.01.02 10.02.03 LAWS ADOPTED BY REFERENCE Definitions Overlay Zoning Districts Specific Standards for Location of Accessory Buildings and Structures Design Standards for GZO District Group Housing Street System Requirements Development Orders Required Requirements for Site Development, Site Improvement Plans and Amendments thereof CCPC 12/16/2021 DSAC 11/03/2021 DSAC-LDR 10/19/2021 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approved DSAC Approved CCPC TBD BACKGROUND This LDC amendment corrects scrivener’s errors and updates various citations/references throughout the LDC. This staff-led effort required collaboration between Zoning and other disciplines in GMD, including Development Review, Building Plan Review and Inspection, as well as with staff with the Greater Naples and North Collier Fire Districts. Changes to LDC section 1.07.00 contain updates with corresponding updates to code citation and language in following sections. Other changes include updated code citations and the Goodland Zoning Overlay map, corrected language in LDC sections 1.08.02 and 6.06.01 and the reorganization of the table in 4.02.03 D. These changes are necessary to keep citations current, language appropriate, and maps and tables accurate. Research to relevant ordinances, statutes, and codes was applied for validity. This amendment corrects scrivener’s errors and updates various citations and references in the following LDC sections: LDC section 1.07.00: Deletes the entries for the Building Construction Administrative, Plumbing, Mechanical, Gas, Swimming Pool, and National Electrical Codes. These have been incorporated into and replaced by the current FBC. The County Chief Building Official requested these changes. Current references to the FPC, as established by the most recent F.A.C. and F.S. are cited. Battalion Chief of Life Safety / Fire Marshal for North Collier Fire and Rescue District and Assistant Chief of Fire and Life Safety / Fire Marshal for Greater Naples Fire District approved these changes following a meeting held on November 17, 2020 regarding LDC consistency with fire prevention standards. The remaining subject matter for LDC section Laws Adopted By Reference will be addressed and updated in a future LDC amendment. LDC section 1.08.02: The reference to minimum floor elevations for the “Building, zoned height of” should read the “Florida Building Code” and “Collier County Floodplain Management Ordinance” as adopted by Ordinance 9.A.2.a Packet Pg. 313 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors 2 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx 2019-01. The word, “wooden” is deleted from the definition of a “camping cabin,” since camping cabins are not required to be a wooden structure. LDC section 2.03.07 G.6.c.ii. and iii.: Code references are updated to be consistent with the code updates in LDC section 1.07.00 – FS191.008(4); there are multiple independent fire districts within the County and this language refers to the district having jurisdiction. The use of the hydrant(s) or supplemental apparatus is described. LDC section 2.03.07 J.: The Goodland Zoning Overlay (GZO) District Map-1 is revised to remove any reference to the underlying zoning atlas map. The underlying zoning changes over time when the Board approves a rezoning petition which amends the zoning atlas map. The newly revised map delineates platted lots, major streets, the GZO District’s outer boundary and City of Marco Island jurisdictional limits. The development standards of the underlying zoning districts shall apply and are not affected by the new GZO Map. LDC section 4.02.03 D.: For the table of dimensional standards for accessory buildings and structures in zoning districts other than rural agricultural and estates districts, the Side and Rear yard Setback columns are reversed at the request of staff reviewers for easier reading. In the table’s “Accessory/Building Structure” column for “Waterfront Lots and Golf Course Lots,” 18 separation lines are removed to clarify the dimensional standards apply to “Waterfront Lots and Golf Course Lots”. LDC section 4.02.22 B.: A clause was added to clarify, noting the dimensional standards in the GZO District are applicable to non-commercial zoning districts. LDC section 5.05.04 E., E.1.c.i.a)i), E.1.c.ii.b), and E.4.: For Group Housing, the F.A.C. rule for “Emergency Environmental Control Plans” reference is Chapter 59A-36.025. LDC section 6.06.01 N. The word “principals” should read “principles.” This section is referring to the fundamental ideas of which engineering is based upon. LDC section 10.01.02 C.1.f., C.2.a., and C.3.a.: The wording has been modified for consistency with the previously stated above changes in LDC section 1.07.00. LDC section 10.02.03 A.5.b.i.: The amendment deletes the reference to Ordinance no. 2001-57 because it has been repealed by Ordinance 2004-31 which re-established the Collier County Utilities Standard and Procedures. LDC section 10.02.03 A.5.c.viii.: The Florida “Uniform Firesafety Standards for Educational Facilities” has been updated by F.A.C. rule Chapter 69A-58. LDC section 10.02.03 F.4.: Staff review and recommendations for site plans with deviations for redevelopment projects are evaluated by factors set forth in LDC section 10.02.03 F.7 Standards for approval. and not in LDC section 10.02.03 F.8 Timeframe limits. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: None 9.A.2.a Packet Pg. 314 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx Amend the LDC as follows: 1 2 1.07.00 LAWS ADOPTED BY REFERENCE 3 4 The following Collier County ordinances and laws, as amended or superseded, are hereby 5 incorporated into this LDC by reference as if fully set forth and recited herein. Repeal or 6 amendment of these ordinances, or adoption of successor ordinances, shall not be subject to 7 procedures otherwise required for adoption of amendments to this LDC, except as otherwise 8 required by general law. 9 10 Subject Ordinance Number Building Construction Administrative Code 2002-01 [Code of Laws Ch. 22, Art. II] Florida Building Code 2001 as adopted by 61G20- 1.001, Florida Administrative Code (F.A.C.), including the following technical codes: • Plumbing • Mechanical • Fuel Gas 2002-01 [Code of Laws §§ 22-106, 22-107] 2020-48 [Code of Laws Ch. 22, Art. II] Plumbing Code [Code §§ 22-106, 22-108] Mechanical Code [Code §§ 22-106, 22-109] Gas Code [Code §§ 22-106, 22-110] Swimming Pool Code [Code ch. 22, art. IV, div. 3] The National Electrical Code NFPA 70 1999 [Code ch. 22, art. IV, div. 2] Florida Fire Prevention Code – Florida Statutes 633.202 and 69A, F.A.C. • Chapter 4A-60 69A-60, F.A.C. • National Fire Protection Association (NFPA) 1 with modification by Ch. 4A-60.003 69A- 60.003, F.A.C. • National Fire Protection Association (NFPA) 101 with modification by Ch. 4A-60.004 69A- 60.004, F.A.C. • Referenced Publications added to NFPA 1 and NFPA 101 by 4A-60.005 69A-60.005, F.A.C. • NFPA 1141: Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural, and Suburban Areas – as referenced in 69A-60.005, F.A.C. • NFPA 1142: Standard on Water Supplies for Suburban and Rural Fire Fighting – as referenced in 69A-60.005, F.A.C. 2002-49 [Code of Laws Ch. 58, Art. II] 9.A.2.a Packet Pg. 315 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx • NFPA 1144: Standard for Reducing Structure Ignition Hazards from Wildland Fire – as referenced in 69A-60.005, F.A.C. • NFPA 501A: Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities – as referenced in 69A- 60.005, F.A.C. • Local Amendments Ord. # 2002-49 • Local policies or code amendments as adopted by the Fire District having jurisdiction per F.S.191.008 (4). Coastal Building Zone (Wind) 87-20 [Code ch. 22, art. IX] 2002-1 Utility Standards 88-76 [Code ch. 134, art. III] 89-23 89-32 2001-57 Public Right-of-Way Standards 82-91 [Code ch. 110, art. II] 89-26 93-64 Seawall Construction 85-2 [Code ch. 22, art. IX] 85-26 86-5 Water Policy 74-50 [Code ch. 90, art. II] 90-10 2001-27 Collier County Streetscape Master Plan (CCSMP) 97-25 1 * * * * * * * * * * * * * 2 # # # # # # # # # # # # # 3 4 1.08.02 Definitions 5 6 * * * * * * * * * * * * * 7 Building, zoned height of: The vertical distance from the first finished floor to the highest 8 point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and 9 to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where 10 minimum floor elevations have been established by law or permit requirements, the 11 building height shall be measured from such required minimum floor elevations. (See 12 section 4.02.01, Exclusions from height limits, and off-street parking within a building.) 13 Required minimum floor elevations shall be in conformance with the Collier County 14 Administrative Construction Code (see County adopted FBC Section 104.2.1.2. Additional 15 Requirements, 8., as set forth in Code of Laws § 22-26) the Florida Building Code and 16 Collier County Floodplain Management Ordinance and, if necessary, FDEP requirements 17 for minimum habitable first-floor structural support. Rooftop recreational space and 18 9.A.2.a Packet Pg. 316 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx accessory facilities are also exempted from the limitations establis hed for measuring the 1 height of buildings. See Figure 3. 2 * * * * * * * * * * * * * 3 Camping cabin: A wooden structure designed as a detached, temporary living unit for 4 recreation or vacation purposes. 5 * * * * * * * * * * * * * 6 # # # # # # # # # # # # # 7 8 2.03.07 Overlay Districts 9 10 * * * * * * * * * * * * * 11 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 12 distinct subdistricts for the purpose of establishing development criteria suitable for the 13 unique land use needs of the Immokalee Community. The boundaries of the Immokalee 14 Urban Overlay District are delineated on the maps below. 15 * * * * * * * * * * * * * 16 6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special 17 conditions for these properties which by virtue of actions preceding the adoption 18 of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming 19 as a result of inconsistencies with the land development code, and are located 20 within the Immokalee Urban Boundary as depicted on the Immokalee Area Master 21 Plan. 22 * * * * * * * * * * * * * 23 c. Criteria for review. The following criteria shall apply to the existing 24 conditions site improvement plan approval process and shall be reviewed 25 by the County Manager or designee. 26 * * * * * * * * * * * * * 27 ii. The District Fire Official Fire District having jurisdiction shall provide 28 written confirmation that either an the existing fire hydrant(s) or a 29 supplemental apparatus, provided by the Fire District, is adequate 30 can supply the required fire flow needed for fire protection. 31 iii. National Fire Codes, 501A-11, Chapter 6, 6.1.1 Site Plan (6.1.1 32 through 6.1.2). NFPA 501A: Standard for Fire Safety Criteria for 33 Manufactured Home Installations, Sites, and Communities as 34 referenced in FAC 69A-60.005. 35 * * * * * * * * * * * * * 36 J. Goodland Zoning Overlay (GZO). To create design guidelines and development standards 37 that will assure the orderly and appropriate development in the unincorporated area 38 generally known as Goodland. The Goodland Zoning Overlay district (GZO) is intended to 39 provide regulation and direction under which the growth and development of Goodland 40 can occur with assurance that the tropical fishing village and small town environment of 41 Goodland is protected and preserved, and that development and/or redevelopment reflect 42 the unique residential and commercial characteristics of the community. The boundaries 43 of the Goodland Zoning Overlay district are delineated on Map 1 below. 44 45 GZO – Map 1 46 9.A.2.a Packet Pg. 317 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx 1 9.A.2.a Packet Pg. 318 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx 1 * * * * * * * * * * * * * 2 9.A.2.a Packet Pg. 319 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx # # # # # # # # # # # # # 1 4.02.03 Specific Standards for Location of Accessory Buildings and Structures 2 3 * * * * * * * * * * * * * 4 D. Table of dimensional standards for accessory buildings and structures in zoning districts 5 other than Rural Agricultural (A) and Estates (E): 6 7 Location Accessory Building/Structure Setbacks Front Rear Side Side Rear Structure to Structure (If Detached) Non- Waterfront Lots and Non-Golf Course Lots Attached porch SPS 10 feet SPS SPS 10 feet N/A Carports (commercial, industrial, and multi- family)1 SPS SPS SPS 10 feet Carports (one- and two- family) SPS 10 feet SPS SPS 10 feet 10 feet Chickee, barbecue areas SPS 10 feet SPS SPS 10 feet 10 feet One-story and multi- story parking structures SPS SPS SPS 1/12 with a minimum of 10 feet Parking garage (one- and two-family) SPS 10 feet SPS SPS 10 feet 10 feet Permanent emergency generators1 Not permitted in front of building 10 feet SPS SPS 10 feet N/A Satellite dish antennas Not permitted in front of building 15 feet SPS SPS 15 Feet 10 feet Swimming pool and/or screen enclosure (one- and two-family) SPS 10 feet SPS SPS 10 feet None Swimming pool (multi- family and commercial) SPS 20 feet 15 feet 15 feet 20 feet None 9.A.2.a Packet Pg. 320 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 9 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx Tennis courts (one- and two-family) SPS 15 feet SPS SPS 15 Feet 10 feet Tennis courts (multi- family, and commercial) SPS 20 feet 15 feet 15 feet 20 feet 20 feet Trellises, arbors, and similar structures that do not exceed the maximum fence height in LDC section 5.03.02 None None None None Trellises, arbors, and similar structures that exceed the maximum fence height in LDC section 5.03.02 SPS 10 feet SPS SPS 10 feet None Unlisted accessory SPS SPS SPS 10 feet Utility buildings SPS 10 feet SPS SPS 10 feet 10 feet Waterfront Lots and Golf Course Lots3 Attached porch where floor or deck of porch are: • In Isles of Capri: Seven feet in height or less above the top of seawall with a maximum of four feet of stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of bank SPS 10 feet SPS SPS 10 feet SPS Attached porch where floor or deck of porch are: • In Isles of Capri: More than seven feet in height above the top of seawall or with more than four feet of stem wall exposure • In all other areas: More than four feet in height above top of seawall or top of bank SPS 20 feet SPS SPS 20 feet SPS 9.A.2.a Packet Pg. 321 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 10 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx Boat slips and ramps (private) N/A N/A 7.5 feet 7.5 feet N/A N/A Boathouses and boat shelters (private) SPS N/A See LDC sections 5.03.06 E and F See LDC sections 5.03.06 E and F N/A 10 feet Carports (commercial, industrial, and multi- family)1 SPS SPS SPS 10 feet Carports (one- and two- family) SPS SPS SPS 10 feet Chickee, barbecue areas SPS 10 feet SPS SPS 10 feet 10 feet Davits, hoists, and lifts N/A N/A See LDC sections 5.03.06 E and F See LDC sections 5.03.06 E and F N/A None Docks, decks, and mooring pilings N/A N/A See LDC sections 5.03.06 E and F See LDC sections 5.03.06 E and F N/A N/A Golf clubhouse and maintenance buildings4 50 feet 50 feet 50 feet N/A One-story and multi- story parking structures SPS SPS SPS 1/12 with a minimum of 10 feet Parking garage (one- and two-family) SPS SPS SPS 10 feet Permanent emergency generators1 Not permitted in front of building 10 feet SPS SPS 10 feet N/A Satellite dish antennas Not permitted in front of building 15 feet SPS SPS 15 Feet 10 feet 9.A.2.a Packet Pg. 322 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 11 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx Swimming pool and/or screen enclosure (one- and two-family) where swimming pool decks are: • In Isles of Capri: Seven feet in height or less above the top of seawall with a maximum of four feet of stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of bank SPS 10 feet SPS SPS 10 feet None Swimming pool and/or screen enclosure (one- and two-family) where swimming pool decks are: • In Isles of Capri: More than seven feet in height above the top of seawall or with more than four feet of stem wall exposure • In all other areas: More than four feet in height above top of seawall or top of bank SPS 20 feet SPS SPS 20 Feet None Swimming pool (multi- family and commercial) SPS 20 feet 15 feet 15 feet 20 feet None Tennis courts (private) (one- and two-family) SPS 15 feet SPS SPS 15 feet 10 feet Tennis courts (multi- family and commercial) SPS 35 feet SPS SPS 35 feet 20 feet Trellises, arbors, and similar structures that do not exceed the maximum fence height in LDC section 5.03.02 None None None None 9.A.2.a Packet Pg. 323 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 12 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx Trellises, arbors, and similar structures that exceed the maximum fence height in LDC section 5.03.02 SPS 10 feet SPS SPS 10 feet None Unlisted accessory SPS SPS SPS 10 feet Utility buildings SPS SPS 10 feet 10 feet SPS 10 feet 1 * * * * * * * * * * * * * 2 # # # # # # # # # # # # # 3 4.02.22 Design Standards for GZO District 4 5 * * * * * * * * * * * * * 6 B. Dimensional Sstandards applicable to non-commercial zoning districts. 7 * * * * * * * * * * * * * 8 # # # # # # # # # # # # # 9 10 5.05.04 Group Housing 11 12 * * * * * * * * * * * * * 13 E. Emergency Environmental Control Plans. In accordance with Rules 58A-5.036 59A-14 36.025 and 59A-4.1265, F.A.C., as amended, Emergency Environmental Control Plans 15 for assisted living facilities and nursing homes, as defined by §§ 400 and 429 F.S., shall 16 be submitted as a supplement to its Comprehensive Emergency Management Plan, to the 17 Bureau of Emergency Services - Emergency Management Division. 18 1. The Emergency Environmental Control Plans shall include the following 19 information, in addition to the requirements identified in Rules 58A-5.036 59A-20 36.025 and 59A-4.1265, F.A.C., as amended: 21 * * * * * * * * * * * * * 22 c. Permanent emergency generator or alternate power sources. Assisted 23 living facilities or nursing homes, as defined by §§ 400 and 429 F.S., shall 24 install permanent emergency generators or an alternate power source to 25 ensure ambient air temperatures will be maintained at or below 81 degrees 26 Fahrenheit for a minimum of 96 hours in the event of the loss of primary 27 electrical power. 28 i. If a permanent emergency generator is used the following shall be 29 required: 30 a) Permanent emergency generator specifications. 31 i) Permanent emergency generators and the 32 associated fuel supply shall be sized to ensure 33 compliance with §§ 58A-5.036 59A-36.025 F.A.C., 34 as amended, for assisted living facilities and 59A-35 4.1265 F.A.C., as amended, for nursing homes. 36 * * * * * * * * * * * * * 37 b) Regular testing and inspections required. Permanent 38 emergency generators shall be tested under load as 39 9.A.2.a Packet Pg. 324 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 13 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx required by §§ 58A-5.036 59A-36.025 F.A.C., as amended, 1 for assisted living facilities and 59A-4.1265 F.A.C., as 2 amended, for nursing homes, and by manufacturer's 3 specifications, and be inspected a minimum of once per 4 year. Each facility shall keep a written statement on site 5 attesting to the regular maintenance, third-party testing and 6 inspection of the generator and fuel system by a service 7 organization authorized by the manufacturer. 8 ii. Submittal Requirements. 9 * * * * * * * * * * * * * 10 b) Calculations demonstrating adequacy of fuel supply to 11 comply with §§ 58A-5.036 59A-36.025 F.A.C., as amended, 12 for assisted living facilities and 59A-4.1265 F.A.C., as 13 amended, for nursing homes. 14 * * * * * * * * * * * * * 15 4. Notification of Plan submittal shall be in accordance with Rules 58A-5.036 59A-16 36.025 and 59A-4.1265, F.A.C., as amended. 17 * * * * * * * * * * * * * 18 # # # # # # # # # # # # # 19 20 6.06.01 Street System Requirements 21 22 * * * * * * * * * * * * * 23 N. The minimum right-of-way widths to be utilized shall be as follows and, where applicable, 24 shall be classified by the cross-sections contained in Appendix B, and will be directly 25 related to traffic volume as indicated in the definition of each street contai ned herein and, 26 where applicable, clarified by the cross-sections contained in Appendix B. Private street 27 right-of-way widths and design may be determined on a case-by-case basis in accordance 28 with Chapter 10. In the event that the applicant does not apply for a preliminary subdivision 29 plat, the applicants engineer may request that the County Manager or his designee 30 approve an alternate private right-of-way cross-section. The request shall be in writing and 31 accompanied with documentation and justification for the alternate section based on 32 sound engineering principals principles and practices. 33 * * * * * * * * * * * * * 34 # # # # # # # # # # # # # 35 36 10.01.02 Development Orders Required 37 38 * * * * * * * * * * * * * 39 C. Early Construction Authorization (ECA). An ECA permit may grant the applicant a 40 conditional building permit prior to development order approval subject to the criteria, 41 limitations, and procedure established in this section. 42 1. The ECA may be approved by the County Manager or designee if the follow ing 43 criteria are met: 44 * * * * * * * * * * * * * 45 f. The portion of work to be authorized for the permit has been approved by 46 the Office of the Fire Code Official and under the Florida Fire Prevention 47 Code the Fire District having jurisdiction and in accordance with the Florida 48 Fire Prevention Code. 49 9.A.2.a Packet Pg. 325 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 14 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx * * * * * * * * * * * * * 1 2. Limitations on construction activity. 2 a. The ECA permit allows approved construction to commence up to the first 3 building code inspection. Construction may continue following phased or 4 complete building permit approval by the Collier County Building 5 Department and Office of the Fire Code Official the Fire District having 6 jurisdiction. All construction is subject to the time limitations identified in the 7 Florida Building Code, Permit intent, section 105.4.1. 8 * * * * * * * * * * * * * 9 3. Procedure. 10 a. The ECA permit application shall be reviewed by the Collier County 11 Planning and Zoning Department, the Building Department and the Office 12 of the Fire Official the Fire District having jurisdiction through a combined 13 submission process. 14 * * * * * * * * * * * * * 15 # # # # # # # # # # # # # 16 17 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments 18 thereof 19 20 A. Generally 21 * * * * * * * * * * * * * 22 5. School Board Review Exemption. 23 * * * * * * * * * * * * * 24 b. The expedited site plan for school board review, as referenced in section 25 10.02.03 A.3.a. of the Land Development Code, will consist of the following 26 areas of review: 27 i. Collier County Utilities Standards and Procedures, Ordinance No. 28 01-57 04-31, as may be amended. In accordance with this 29 Ordinance, the following requirements must be met: 30 * * * * * * * * * * * * * 31 c. School board review ("SBR") process. The SBR for School Board projects 32 shall be reviewed under the following expedited process: 33 * * * * * * * * * * * * * 34 viii. Should the School Board place temporary or portable classrooms 35 on a site, the School Board will supply additional data to the Fire 36 Code Office Fire District having jurisdiction for review pursuant to 37 Rule 4A-58 69A-58, Florida Administrative Code. In addition, the 38 School Board will supply the Public Utilities Division with additional 39 data on temporary and portable classroom facilities relative to 40 concurrency issues related to water and sewer capacity and to the 41 proper sizing of water meters and grease traps. No other reviews 42 will be required for temporary or portable classroom facilities. 43 * * * * * * * * * * * * * 44 F. Site plan with deviations for redevelopment projects. 45 * * * * * * * * * * * * * 46 4. Staff review and recommendation. Based upon evaluation of the factors set forth 47 in LDC section 10.02.03.F.8 10.02.03 F.7. County Staff shall prepare a report 48 9.A.2.a Packet Pg. 326 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 15 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\Word Versions\PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021.docx containing their review findings and a recommendation of approval, approval with 1 conditions, or denial. 2 * * * * * * * * * * * * * 3 # # # # # # # # # # # # # 4 9.A.2.a Packet Pg. 327 Attachment: PL20210002604 - 2021 Scrivener's Errors and Cross-References - CCPC 12-16-2021 (20709 : PL20210002604 - Scrivener's Errors 12/16/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.3 Item Summary: PL20210000101 Crews Rd PUDZ - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Estates (E) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Crews Road RPUD, to allow construction of up to 60 townhomes or multi-family dwelling units on property located northeast of the intersection of County Barn and Whitaker Roads, in Section 8, Township 50 South, Range 26 East, consisting of 9.96± acres; and by providing an effective date. [Coordinator: Timothy Finn, AICP, Principal Planner] Meeting Date: 12/16/2021 Prepared by: Title: – Zoning Name: Tim Finn 11/23/2021 8:07 AM Submitted by: Title: – Zoning Name: Mike Bosi 11/23/2021 8:07 AM Approved By: Review: Zoning Mike Bosi Zoning Director Review Completed 11/23/2021 8:20 AM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 11/24/2021 11:30 AM Planning Commission Diane Lynch Review item Completed 11/29/2021 12:49 PM Zoning Ray Bellows Additional Reviewer Completed 11/29/2021 6:54 PM Growth Management Department James C French GMD Deputy Dept Head Completed 11/30/2021 5:43 PM Planning Commission Edwin Fryer Meeting Pending 12/16/2021 9:00 AM 9.A.3 Packet Pg. 328 PUDZ-PL20210000101 Crews Road RPUD Page 1 of 14 Revised: November 23, 2021 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: DECEMBER 16, 2021 SUBJECT: PUDZ-PL20210000101; CREWS ROAD RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ______________________________________________________________________________ Owner: Contract Purchaser: Mary A. Armbruster Rev Trust Toll Southeast LP Company, Inc 1257 Solana Road Naples, FL 34103 24201 Walden Center, #204 Bonita Springs, FL 34134 Agents: Patrick Vanasse, AICP Richard D. Yovanovich, Esq. RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Coleman, Yovanovich, & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone property from an Estates (E) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project to be known as Crews Road RPUD, to allow construction of up to 60 townhomes or multifamily dwelling units. The subject property is comprised of one parcel owned by Mary A. Armbruster Rev Trust. GEOGRAPHIC LOCATION: The subject property is located northeast of the intersection of County Barn and Whitaker Roads, in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 9.96+/- acres (see location map on page 2). 9.A.3.a Packet Pg. 329 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 2 of 14 Revised: November 23, 2021 PURPOSE/DESCRIPTION OF PROJECT: This petition seeks to rezone the property to RPUD to allow for the development of up to 60 dwelling units at 6.02 (DU/AC) for a project to be known as Crews Road RPUD. 9.A.3.aPacket Pg. 330Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 3 of 14 Revised: November 23, 2021 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding boundaries of Crews Road RPUD: North: Developed as Collier County Sheriff’s Office and Fleet Management, with a current zoning designation of Public Use (P) District East: Undeveloped land, with a current zoning designation of Estates (E) District South: Undeveloped land, with a current zoning designation of Estates (E) District West: County Barn Road, a two-lane arterial, then undeveloped land with a current zoning designation of Estates (E) District Collier County Property Appraiser 9.A.3.a Packet Pg. 331 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 4 of 14 Revised: November 23, 2021 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The 9.96-acre subject site is designated Urban Designation; Urban Mixed-Use District; Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. The site is zoned Estates. It is intended that Urban designated areas accommodate the majority of population growth and new intensive land uses be located within them. The applicant is proposing a maximum of 60 DUs. Base density is 4DU/A = 4*9.96 = 39.84 DUs Residential Infill can allow up to 3 additional DUs/A with the use of 1 TDR per the 3 DUs. 3*9.96 = 29.88 DUs for a potential maximum # of DUs of 69.72; rounded equals 70 -- including the purchase of 10 TDRs. The applicant is proposing a maximum of 60 DUs on 9.96 acres; The Comp Plan calculates the density at 6 DU/acre - with a maximum height (actual) of 40 ft - 2 stories or maximum height (zoned) of 30 ft - 2 stories according to the Development standards. The Conceptual Master Plan states there will be a maximum of 60 DUs. 60-40 DUs = 20DUs additional. They are proposing to purchase 7 TDRs. The math is 20/3 = 6.666 or should purchase 7 TDRs. Staff has found this project consistent with the Future Land Use Element of the GMP. Transportation Element: In evaluating this project, staff reviewed the applicant’s July 26,2021 (revised) Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the then applicable 2020 Annual Update and Inventory Reports (AUIR) and the currently adopted 2021 AUIR. Policy 5.1 of the Transportation Element of the GMP states; “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; 9.A.3.a Packet Pg. 332 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 5 of 14 Revised: November 23, 2021 b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” Staff finding: According to the TIS provided with this petition the prop osed 60 multi-family residential development will generate a projected total of +/- 37 PM peak hour, 2-way trips on the adjacent roadway segment of County Barn Road. The trips generated by this development will occur on the following adjacent roadway network links using the 2020 and current 2021 AUIR: Roadway/Lin k # Link 2020 AUI R LOS 2021 AUI R LOS Current Peak Hour Peak Direction Volume/Pea k Direction Projected P.M Peak Hour/Pea k Direction Project Traffic (1) 2020 Remainin g Capacity 2021 Remainin g Capacity County Barn Road/10.0 Davis Blvd. to Rattlesnake Hammock. C B 900/South 12/SB 312 458 Davis Boulevard/14 .0 Lakewood Blvd. to County Barn D D 2,000/East 9/WB 439 359 Davis Boulevard/15 .0 County Barn to Santa Barbara C C 2,200/East 3/EB 641 690 Rattlesnake Hammock/73 .0 Charlemag ne Blvd. to County Barn. B B 1,800/East 4/WB 861 801 Rattlesnake Hammock/74 .0 County Barn to Santa Barbara. B B 1,900/East 3/EB 1,015 1,988 1. Source for P.M. Peak Hour/Peak Direction Project Traffic is July 26, 2021; Traffic Impact Statement provided by the petitioner. 9.A.3.a Packet Pg. 333 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 6 of 14 Revised: November 23, 2021 Based on the TIS provided by the applicant, the 2020 AUIR and the currently adopted 2021 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Transportation Planning staff finds this petition consistent with the GMP. Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 9.70 acres of native vegetation. A minimum of 1.46 (15%) acres of native vegetation shall be placed under preservation and dedicated to Collier County. The project provides 3.06 acres of preserve and includes 1.60 acre of created preserve for floodplain compensation. GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. This petition is consistent with the GMP. STAFF ANALYSIS: Applications to rezone to or to amend RPUDs shall be in the form of a RPUD Master Plan of development, along with a list of permitted and accessory uses and a development standards table. The RPUD application shall also include a list of developer commitments and any proposed deviations from the LDC. Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. The CCPC uses the aforementioned criteria as the basis for its recommendation to the Board, who in turn use the criteria to support their action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading “Zoning Services Analysis.” In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. The minimum PUD preserve requirement is 1.46 acres (15% of 9.70 acres). The Master Plan provides 3.60 acres of preserve, of which 1.60 acres of floodplain compensation area that will be restored. No listed wildlife or plant species were found onsite. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Utilities Review: The project lies within the regional potable water and south wastewater service areas of the Collier County Water-Sewer District. Water and wastewater services are readily available via existing infrastructure along the project’s frontage on County Barn Road. Sufficient water and wastewater treatment capacities are available. The developer has committed to providing an 8” water main stub-outs at the northeastern corner of the PUD for future water distribution system connection. 9.A.3.a Packet Pg. 334 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 7 of 14 Revised: November 23, 2021 Emergency Management Review: Emergency Management staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Landscape Review: The buffers labeled on the Master Plan are in accordance with the Land Development Code. Stormwater Review: Stormwater staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Parks and Recreation Review: Parks and Recreation staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Affordable Housing Review: Affordable housing is not proposed for this project. School District: At this time, there is sufficient capacity within the elementary and middle concurrency service areas and in an adjacent high school concurrency service area of the proposed development. At the time of SDP or platting, the project will be evaluated for school concurrency. Zoning Services Review: This request is a rezone from an Estates (E) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District to allow construction of up to 60 townhomes or multifamily dwelling units up to a maximum density of 6.02 dwelling units per acre (DU/A). The proposed uses within the Crews Road RPUD will be consistent with the Urban Designation; Urban Mixed-Use District; Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. Within the proposed Crews Road RPUD boundaries, the minimum setback from County Barn Road is 20 feet. The minimum PUD setbacks from the north, east, and south perimeter is 20 feet. The proposed heights for Crews Road RPUD have an actual building height of 40 feet and a zoned height of 30 feet. To the north, the maximum building heights for buildings is 30 feet within the Public Use (P) Zoning District. To the east, south, and west of the subject property, the structures all have maximum heights of up to 30 feet. The proposed heights within Crews Road RPUD are compatible with the immediate neighborhoods as the surrounding properties have maximum building heights at 30 feet. As illustrated in the PUD Master Plan, a 15-foot-wide Type D Buffer is proposed along County Barn Rd, a 10-foot-wide Type D Buffer is proposed along the northern perimeter and a 15-foot-wide Type B buffer is proposed along the southern perimeter, and a preserve area is proposed along the east portion of the PUD. As such, these landscaping buffers and preserve will provide natural transitions around and within the RPUD. The development standards will provide adequate setbacks, limitations on height, and buffers to ensure compatibility with adjacent land uses. PUD FINDINGS: LDC Section 10.02.13.B.5 states that, “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the 9.A.3.a Packet Pg. 335 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 8 of 14 Revised: November 23, 2021 findings in LDC Section 10.02.08”: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Water transmission and wastewater transmission mains are readily available within the County Barn Road right-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD. Moreover, stormwater management details will be evaluated at time of SFWMD Environmental Resource Permitting (ERP) and C ounty Site Development Permit (SDP)/Plans and Plat Permit (PPL) permitting. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney’s Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report (or within an accompanying memorandum). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Staff Analysis section of this staff report subsection Landscape Review, staff is of the opinion that the proposed project will be compatible with the surrounding area. The Master Plan proposes the appropriate perimeter landscape buffers. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The RPUD is required to provide at least 60% of the gross area for usable open space. No deviation from the open space requirement is being requested, and compliance would be demonstrated at the time of SDP or platting. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. 9.A.3.a Packet Pg. 336 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 9 of 14 Revised: November 23, 2021 As noted above, Transportation Planning staff finds this petition consistent with the GMP. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. Moreover, Collier County has sufficient treatment capacity for water and wastewater services to the project. Conveyance capacity must be confirmed at the time of development permit application. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including adjacent Collier County Water- Sewer District potable water and wastewater mains, to accommodate this project. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Three deviations are proposed in connection with this request to rezone to RPUD. See deviations section of the staff report beginning on page 12. Rezone Findings: LDC Subsection 10.02.08.F states, “When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners…shall show that the planning commission has studied and considered proposed change in relation to the following when applicable”: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The properties that abut the project to the east, south, and west allow for residential uses. Therefore, the proposed petition would not create an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing 9.A.3.a Packet Pg. 337 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 10 of 14 Revised: November 23, 2021 conditions on the property proposed for change. The rectangle-shape boundary of the RPUD logically follows the external boundary of the parcels assembled for the rezoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed rezone is not necessary but it is being requested in compliance with the LDC provisions to seek such changes. It should be noted that the proposed uses are not allowed under the current zoning classification. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed RPUD is not anticipated to adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. As noted above, Transportation Planning staff finds this petition consistent with the GMP. Operational impacts will be addressed at time of first development order (SDP or Plat). Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed RPUD request is not anticipated to create a stormwater management problem in the area; provided an environmental resource permit that addresses stormwater best management practices, stormwater pollution prevention, urban stormwater management, on-site stormwater treatment, and attenuation storage is obtained from the South Florida Water Management District. County staff will evaluate the project’s stormwater management system, calculations, and design criteria at time of SDP and/or plat review. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated this RPUD would reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 9.A.3.a Packet Pg. 338 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 11 of 14 Revised: November 23, 2021 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties to the east, south, and west are undeveloped, whereas the property to the north is undeveloped, as previously noted. The basic premise underlying all the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Because the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed uses and development standards are not permitted, according to the existing classification. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff’s opinion the proposed uses and associated development standards and developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site 9.A.3.a Packet Pg. 339 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 12 of 14 Revised: November 23, 2021 alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier Coun ty Adequate Public Facilities Ordinance, as amended. The activity proposed by this amendment will have no adverse impact on public utilities facility adequacy. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. DEVIATION DISCUSSION: The petitioner is seeking three deviations from the requirements of the LDC. The deviations are directly extracted from PUD Exhibit E. The petitioner’s rationale and staff analysis/recommendation is outlined below. Proposed Deviation #1: (Right-of-Way Width) “Deviation 1 seeks relief from LDC Section 6.06.01.N, which requires minimum local street right- of-way width of 60 feet, to allow a 55’ right-of-way.” Petitioner’s Justification: Minimum right-of-way width of 55 feet is requested for the local street within the Crews Road RPUD. This deviation is justified because this will be a s mall infill residential gated community with controlled access, low traffic volumes and a low posted speed limit. A 55-foot right-of-way for a residential street can successfully facilitate movement of vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. In addition, a 10’ PUE will be provided on each side of the right -of-way to accommodate “dry utilities” (with exception to the western portion of the hammer head). The 55’ ROW will be adequate to provide for on-street parking and code-compliant vehicular travel lanes. This request results in a more compact roadway cross-section, which accomplishes traffic calming to provide a safer transportation system within the community and reduces the impervious surface impacts to the water management system. Please see On Street Parking Exhibit. Water and sewer will be provided within the 55’ right-of-way. This deviation is commonly approved and has been effectively implemented in numerous residential PUDs throughout the County and County and does not negatively impact the public’s health, safety, or welfare. Staff Analysis and Recommendation: Similar deviations were approved with the Brandon, Argo Manatee, Rockedge, Vincent Acres, The Triad, and The MAC RPUDs and as such staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff 9.A.3.a Packet Pg. 340 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 13 of 14 Revised: November 23, 2021 recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Proposed Deviation #2 (On-Street Parking) “Deviation 2 seeks relief from LDC Section 4.05.01.A, which requires every building and use to provide off-street parking, to allow limited on-street parking associated with the recreation area, and overflow/guest parking abutting tract AA on the master plan, and as depicted on the attached On-Street Parking Exhibit for tract AA (See Exhibit G) if the RPUD is a platted subdivision. No on-street parking is allowed in the Crews Road Easement.” Petitioner’s Justification: Due to the compact nature of this community, allowing the amenity center and overflow parking to be located partially within the right of way (see Master Plan), will provide design flexibility, and allow more space to be allocated for landscaping and amenities. These “on-street” parking spaces will not have a negative effect on vehicular or pedestrian movements, and conversely, will have a traffic calming effect by reducing vehicular speeds in those areas. Staff Analysis and Recommendation: A similar deviation was approved with the Avalon of Naples RPUD and as such staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Proposed Deviation #3: (Sidewalks) “Deviation 3 seeks relief from LDC Section 6.06.02.A.2, which requires 5-foot sidewalks within public and private rights-of-ways or easements, which are internal to the site to be on both sides of local/internal accessways (streets), to allow no sidewalk to be constructed along the west side of the internal north/south road (hammerhead).” Petitioner’s Justification: This deviation will not adversely impact pedestrian mobility for the project and will reduce impervious areas for improved water quality, storm water attenuation, and minimizes impacts to adjacent preserve areas. Additionally, a sidewalk in this location will not be of use to the residents as there are no residential units fronting this portion of the road. Staff Analysis and Recommendation: Similar deviations were approved with the Landings at Bears Paw and Rushton Pointe RPUDs and as such staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety 9.A.3.a Packet Pg. 341 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) PUDZ-PL20210000101 Crews Road RPUD Page 14 of 14 Revised: November 23, 2021 and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on September 21, 2021 at the Shepherd of the Glades Church located at 6020 Rattlesnake Hammock Road. The meeting commenced at approximately 5:30 p.m. and ended at 5:50 p.m. Patrick Vanasse, the agent, conducted the meeting with introductions of the consultant team and staff, and gave a PowerPoint. The presentation consisted of an overview of the proposed RPUD rezoning application, including the requested residential uses, maximum allowable height, location of preserve areas, and access off County Barn Rd. Patrick also outlined the rezoning process and opportunities to provide input at public hearings. Following the agent’s presentation, the meeting was opened to attendees to make comments and ask the consultant team questions regarding the proposed development. There was an inquiry as to the back area of the PUD. Patrick explained that this area will be for a preserve and water management. The land will be elevated to base elevation using fill material. There will be about 3 to 4 feet of fill in the development area, but the preserve will not be filled. Another question was also on water management. Patrick Vanasse and Joel Blikstad of RWA, Engineering had explained the sheet flow process in that the flow will flow south and then to the west and will pipe into the County Barn Rd system and away from the Woodmere community. The preserve area will provide floodplain compensation. Another inquiry was about the wildlife. Patrick explained that they will submit an Environmental Impact Statement and abide by all county and state regulations. Another public attendee inquired about the property to the south and Patrick explained its undeveloped and owned by Collier County. The last inquiry was about what else could be developed at the Crews Rd property. Rich Yovanovich explained that’s its eligible for 4 units and 3 additional units. Since the property is currently Estates, the allowed number of units is 1 unit per 2.25 acres. Since they are in an Urban area on the Future Land Use Map, they are allowed 4 units per acre. Because they are infill, they are eligible for 3 units per acre up to 7 units per acre. No commitments were made. A copy of the NIM Summary, sign-in sheet, and NIM PowerPoint presentation are included in Attachment B. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s Office reviewed this staff report on November 22, 2021. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. Attachments: A) Proposed Ordinance B) Application/Backup Materials 9.A.3.a Packet Pg. 342 Attachment: Staff Report - Crews Road RPUD (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.b Packet Pg. 343 Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.b Packet Pg. 344 Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.b Packet Pg. 345 Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.b Packet Pg. 346 Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.b Packet Pg. 347 Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.b Packet Pg. 348 Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.b Packet Pg. 349 Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.bPacket Pg. 350Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.bPacket Pg. 351Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.b Packet Pg. 352 Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.b Packet Pg. 353 Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.b Packet Pg. 354 Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.b Packet Pg. 355 Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.b Packet Pg. 356 Attachment: Attachment A - Proposed Ordinance (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 357 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 358 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 359 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 360 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 361 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 362 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 363 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 364 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 365 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 366 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 367 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 368 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 369 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 370 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 371 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 372 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 373 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 374 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 375 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 376 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 377 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 378 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 379 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 380 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 381 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 382 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 1 of 11 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME DATE PROCESSED PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): _________________________________________________________ Name of Applicant if different than owner: _____________________________________________ Address: _________________________City: _______________ State: _________ ZIP: ___________ Telephone: _______________________ Cell: ______________________ Fax: __________________ E-Mail Address: ____________________________________________________________________ Name of Agent: ____________________________________________________________________ Firm: _____________________________________________________________________________ Address: ____________________________City: _______________ State: _______ ZIP: __________ Telephone: ____________________ Cell: ____________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________ Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. To be completed by staff 9.A.3.c Packet Pg. 383 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 2 of 11 REZONE REQUEST This application is requesting a rezone from: _________________________ Zoning district(s) to the ________________________________ zoning district(s). Present Use of the Property: _________________________________________________________ Proposed Use (or range of uses) of the property: _________________________________________ Original PUD Name: ________________________________________________________________ Ordinance No.: ____________________________________________________________________ PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: •If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; •The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and •The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________ Address/ General Location of Subject Property: __________________________________________ __________________________________________________________________________________ PUD District (refer to LDC subsection 2.03.06 C): Commercial Residential Community Facilities Industrial Mixed Use Other: ________________ 9.A.3.c Packet Pg. 384 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 3 of 11 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Metes & Bounds Description: _________________________________________________________ ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ 9.A.3.c Packet Pg. 385 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 4 of 11 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a.The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b.Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at pu blic expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. c.Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d.The internal and external compatibility of proposed uses, which c onditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e.The adequacy of usable open space areas in existence and as proposed to serve the development. f.The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g.The ability of the subject property and of surrounding areas to accommodate expansion. h.Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to asce rtain whether or not the request is affected by existing deed restrictions. 9.A.3.c Packet Pg. 386 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 5 of 11 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? __________________________________________________________________________________ __________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered “open” when the determination of “sufficiency” has been made and the application is assigned a petition processing number. The application will be considered “closed” when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed “closed” will not receive further processing and an applicati on “closed” through inactivity shall be deemed withdrawn. An application deemed “closed” may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of “sufficiency”. Further review of the request will be subject to the then current code. 9.A.3.c Packet Pg. 387 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 6 of 11 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a.County Utility System b.City Utility System c.Franchised Utility System Provide Name: __________________________ d.Package Treatment Plant (GPD Capacity): _________________________ e.Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a.County Utility System b.City Utility System c.Franchised Utility System Provide Name: __________________________ d.Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _________ Average Daily: __________ B. Sewer-Peak: _________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ 9.A.3.c Packet Pg. 388 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 7 of 11 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 9.A.3.c Packet Pg. 389 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) March 8, 2021 Crews Road RPUD PL20210000101 EXHIBIT D LEGAL DESCRIPTION CREWS ROAD RPUD A Residential Planned Unit Development THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WESTERLY 50 FEET FOR ROAD RIGHT OF WAY, ALSO KNOWN AS ISLAND PINE PUD. 9.A.3.c Packet Pg. 390 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Page 8 of 11 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of recor d of property commonly known as ____________________________________________________ ____________________________________________________ (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for ______________ planned unit development (______________PUD) zoning. We hereby designate___________________, legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring a nd authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1.The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2.The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3.A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4.All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5.So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek e quitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought in to compliance with all terms, conditions and safeguards of the planned unit development. ___________________________________ Owner ___________________________________ Printed Name ___________________________________ Owner ____________________________________ Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of physical presence or online notarization this ____ day of _______________, 20___, by (printed name of owner or qualifier)_________________________________________ Such person(s) Notary Public must check applicable box: Are personally known to me Has produced a current drivers license ________________ Has produced ______________________ as identification. Notary Signature:_________________________________________ March 4, 2020 Notary Seal 9.A.3.c Packet Pg. 391 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 9 of 11 Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 Completed Application with required attachments (download latest version) 1 Pre-application meeting notes 1 Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 List Identifying Owner and all parties of corporation 1 Signed and sealed Boundary Survey 1 Architectural Rendering of proposed structures 1 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 Statement of Utility Provisions 1 Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study 1 Historical Survey 1 School Impact Analysis Application, if applicable 1 Electronic copy of all required documents 1 Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Checklist continues on next page 9.A.3.c Packet Pg. 392 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 10 of 11 Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy Original PUD document/ordinance, and Master Plan 24” x 36” – Only if Amending the PUD Revised PUD document with changes crossed thru & underlined 1 Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet: x Exhibit A: List of Permitted Uses x Exhibit B: Development Standards x Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code x Exhibit D: Legal Description x Exhibit E: List of Requested LDC Deviations and justification for each x Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.” PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams (Director) Emergency Management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: City of Naples Utilities Other: ASSOCIATED FEES FOR APPLICATION x Pre-Application Meeting: $500.00 x PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre x Comprehensive Planning Consistency Review: $2,250.00 x Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 x Listed or Protected Species Review (when an EIS is not required): $1,000.00 x Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 9.A.3.c Packet Pg. 393 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 394 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) ADDITIONAL AGENTS Company Name: RWA, Inc. Contact Person: Patrick Vanasse, AICP Address: 6610 Willow Park Drive Suite 200 City, State, Zip: Naples, FL 34109 Phone Number: 239-597-0575 Email: pvanasse@consult-rwa.com Company Name: Richard Yovanovich, Coleman,Yovanovich, & Koester P.A. Contact Person: Richard D. Yovanovich, Esq. Address: 4001 Tamiami Trail North Suite 300 City, State, Zip: Naples, FL 34103 Phone Number: 239-435-3535 Email: ryovanovich@cyklawfirm.com 9.A.3.c Packet Pg. 395 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Crews Road RPUD September 3, 2021 PL20210000101 NARRATIVE STATEMENT Crews Road Planned Unit Development (RPUD) A PUD Rezone (PUDZ) The subject property is located on a single 9.96± acre parcel of land (Property ID No.: 00403920004) located northeast of the intersection of County Barn Road and Whitaker Road (See figure 1). The owner of the property is MARY A ARMBRUSTER REV TRUST, and the applicant for this Residential Planned Unit Development Rezone (PUDZ) is Toll Southeast LP Company, Inc. The Future Land Use Map (FLUM) designation is Urban (Urban - Residential Subdistrict) as provided on the FLUM of the Collier County Growth Management Plan (GMP). The current zoning district is Estates (E). This specific site allows for a base density of 4 units per acre. However, through utilization of the Density Rating System, an additional 3 units may be added as the property qualifies as meeting the “residential in-fill” criteria, resulting in a maximum of 7 units per acre. The proposed RPUD seeks a maximum density of 6 units per acre and is consistent with the density rating system of the Future Land Use Element. The project will be developed in a single phase. Figure 1. Subject Property Location Map The following narrative and attached materials/documentation will further address those applicable criteria as outlined in accordance with the LDC subsection 10.02.13.B.a-h. SUBJECT PROPERTY 9.A.3.c Packet Pg. 396 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 2 Crews Road RPUD September 3, 2021 PL20210000101 a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The property is bounded by vacant land to the south with the Woodmere Lake Club multifamily residential development beyond the vacant land. To the north, the subject property abuts a 30’ Crews Road right of way easement, and beyond that is the Collier County Fleet Management Facility and 911 Call Center. To the east is vacant land and to the west, the property fronts County Barn Road and vacant land beyond that, See Table 1 below. Table 1: Surrounding Area Analysis Zoning District Land Use NORTH Public Use (P) County Fleet Management (Government Office) SOUTH Estates (E) / RMF 6 Vacant land followed by multi-family residential EAST Estates (E) Vacant WEST Estates (E) Right-of way followed by vacant land All infrastructure is in place to support the proposed residential dwellings. The proposed project is mostly surrounded by vacant land; however, it is located in an area with Estates and RMF6 zoning and several multi-family developments including Woodmere Lake Club, Deauville Lake Club, Naples Estates and Falling Waters. The surrounding developments consist of densities and/or multi-family townhomes or coach home products as anticipated for this project. The proposed project will offer a desirable product and infill community that is consistent with the nearby development pattern. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at a public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The applicant, Toll Southeast LP Company, Inc., is the contract purchaser of the entire 9.96± acre subject property. Operation and maintenance responsibility for private areas and facilities shall be assigned to the developer until conveyance to a property owners association at the appropriate time. Further, the proposed RPUD documents make appropriate provisions for the continued operation and maintenance of common areas. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) The proposed residential development allows for residential uses, amenity areas, water management lakes, preserves, open space and internal roadways with sidewalks. The project is designed in compliance with the goals, objectives, and policies set forth in the Collier County Growth Management Plan (GMP) as follows: 9.A.3.c Packet Pg. 397 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 3 Crews Road RPUD September 3, 2021 PL20210000101 1. The subject property is located within the Urban Residential Subdistrict on the Future Land Use Map of Collier County GMP. According to the GMP, the Urban designated areas are planned for the majority of the county’s population growth, and thus, major development intensities will occur within these areas. The purpose of this district is to provide for the greatest residential densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated to serve the urban environment. The Urban designated areas will allow for both residential and a various non-residential use. The Urban Residential Subdistrict allows for an overall maximum of 16 dwelling units (du) per acre through various density bonuses. The Crews Road RPUD is requesting a maximum density of 6.0 du/acre. The Urban Residential Subdistrict permits a base density of 4 dwellings units (du) per gross acre in accordance with the Collier County GMP Density Rating System (Section B.1.a). An additional Density Bonus of 3 du/acre is achievable by meeting specific criteria listed in the GMP’s Section B.2.d to encourage residential in-fill in urban areas. The Crews Road RPUD will meet the requisite criteria under Section B.2.d as depicted below: d. Residential In-fill: To encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is 20 acres or less in size; YES. (b) At time of development, the project will be served by central public water and sewer; YES. (c) The project is compatible with surrounding land uses; YES, BASED ON SURROUNDING VACANT LAND, RESIDENTIAL AND PUBLIC FACILTY USES; OPEN SPACE, AND BUFFERING. (d) The property in question has no common site development plan with adjacent property; YES. (e) There is no common ownership with any adjacent parcels; NO ADJACENT PARCELS ARE OWNED BY THE CURRENT OWNER OR APPLICANT. (f) The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989; YES, THE PARCEL WAS NOT CREATED TO TAKE ADVANTAGE OF THIS SECTION AND WAS A RECOGNIZED PARCEL PRIOR TO JANUARY 10, 1989. (g) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from Sending Lands; UNDERSTOOD, and (h) Projects qualifying under this provision may increase the density administratively by a maximum of one dwelling unit per acre by transferring that additional density from Sending Lands. UNDERSTOOD. 2. As set forth in Objective #3 of the FLUE, all improvements for the Crews Road RPUD are planned to be compliant with land development regulations where applicable and as set forth in our PUD development standards and deviations. 9.A.3.c Packet Pg. 398 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 4 Crews Road RPUD September 3, 2021 PL20210000101 3. This proposed development addresses GMP objectives including Future Land Use Element (FLUE) Policies 5.3, 5.5, 5.6, and 5.7 in that the site is located in an urban designated area with available urban services and existing infrastructure. It is a Planned Unit Development project which provides residential infill development in an area specifically designated for urban densities and intensity of development. The subject property’s location in relation to existing or proposed community facilities and services constitutes an appropriate area for the development of residential land uses as intended in Objective 3 Policy 5.5 of the Future Land Use Element (FLUE). The presence of schools, public facilities, medical facilities, office uses, and emergency services are all within short distance of the subject property. Additionally, water and wastewater treatment services demonstrate that the proposed residential development will be appropriately served. 4. The proposed infill residential development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.6 of the FLUE through the proposed uses, internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. The Crews Road RPUD will be consistent and compatible with existing adjacent residential uses. The proposed development standards are consistent with many PUDs within the county and the proposed density will be consistent with nearby project’s including Woodmere Lake Club, Deauville Lake Club and Falling Waters. The Crews Road RPUD will have a unified architectural theme and landscaping, common open space, a recreational amenity area, and restricted access for the residents and their guests. 5. The proposed development abuts and will connect to County Barn Road, which is a Major Collector road. Based on the existing roadway classifications and project’s accessway connection, the proposed development is consistent with the intent of Policy 7.1 of the GMP. The project is a small infill residential development on a narrow 9.96-acre parcel, which does not allow for an internal looped road. However, the project has only one point of ingress/egress and generates very low vehicular trips, and therefore, is consistent with Policy 7.2 aimed at limiting project access points, congestion, and the potential need for traffic signals. Policy 7.3 is not applicable to this project as property is surrounded by vacant land or the County Fleet Facility where there is no opportunity to inner connect to other internal local streets. The proposed RPUD represents a smaller infill project that will be easily walkable and will include amenity areas, preserve, and open space, consistent with Policy 7.4 of the GMP. 6. A Traffic Impact Statement (TIS), dated May 19, 2021, has been prepared for the subject project. The TIS concludes that there is available capacity within the adjacent transportation network and is therefore consistent with Policy 1.3 of the Transportation Element. 9.A.3.c Packet Pg. 399 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 5 Crews Road RPUD September 3, 2021 PL20210000101 7. Goal 6 and Objective 6.1 of the GMP’s Conservation and Coastal Management Element (CCME) seeks to ensure identification, protection, conservation, and appropriately use of native vegetative communities and wildlife habitat. This project, a proposed residential in-fill development on land greater than 5 but less than 20 acres, and not within the Coastal High Hazard Area, is consistent with the supporting Policy 6.1.1 and the implementing regulation under LDC Section 3.05.07.B.1. It is consistent in that it provides 2.98 acres of preserve, which exceeds the 15% requirement of the 9.08 acres of existing native vegetation on site, exclusive of Crews Road right-of-way easement. 8. Goal 7 of the GMP’s Conservation and Coastal Management Element (CCME) seeks to protect and conserve the county’s fisheries and wildlife. A Protected Species Assessment was conducted on the subject site. The assessment concluded the project, as proposed, is consistent with all the applicable Goals and Objectives of the CCME of the GMP. Thereby, consistent with all applicable federal and state permitting requirements regarding listed species protection and compliant with Objective 7.1 of the CCME. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As previously stated, the proposed RPUD is an infill project surrounded by County Barn Road, the Crews Road Easement and vacant land. The proposed residential uses, site design, orientation of structures, architectural elements, proposed development standards, placement of buffering/screening, and open space provided ensure its compatibility with the surrounding area. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed development will meet or exceed the minimum 60% open space requirements of the Collier County LDC. Usable open space will be provided in the form of a recreational area, common areas, pedestrian walkways, a lake, and a preserve. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Public and private improvements and facilities are available for the site. Water and sewer service is available. There is sufficient roadway capacity as confirmed by the provided TIS. Drainage is adequate for the site and will be subject to SFWMD permitting and provision of floodplain compensation as depicted on the Master Plan. Waste management, cable, electric, and telephone services are available. Adequate schools, police, fire, bus, park, and health care facilities are within the proposed development’s service area. Payment of impact fees and timing of adequate public facilities certification are mechanisms to assure the development is appropriately serviced. g. The ability of the subject property and of surrounding areas to accommodate expansion. The proposed residential community is an ideal infill project that is compatible with surrounding uses and is appropriate for the general area and the specific property. The proposed project will generate low traffic 9.A.3.c Packet Pg. 400 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 6 Crews Road RPUD September 3, 2021 PL20210000101 volumes. County Barn Road and surrounding roadway networks have sufficient capacity to accommodate this project. All required utilities are available, and the proposed project is in keeping with surrounding developments in the area, and the proposed setbacks, buffers and development standards will ensure compatibility with surrounding uses. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed development conforms with the intent of the PUD regulations by establishing uses and development regulations that are consistent with similar residential developments adjacent to and throughout Collier County. The requested deviations provide design flexibility that will help improve the overall project while not causing any adverse impact the public health, safety, and welfare. 9.A.3.c Packet Pg. 401 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 402 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 403 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 404 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 1 of 3 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership 9.A.3.c Packet Pg. 405 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 2 of 3 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: 9.A.3.c Packet Pg. 406 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 407 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 408 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. F orms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) T DR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) 1 SURVEY (copy - needed only for unplatted properties) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # 9.A.3.c Packet Pg. 409 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 2 Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) 00403920004 01/13/2021 9.A.3.c Packet Pg. 410 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) $ 100,000 $ 0 $ 0 $ 440,000 $ 75,000 $ 575,940 $ 0 $ 575,940 $ 56,187 $ 519,753 $ 575,940 $ 519,753 Collier County Proper ty AppraiserProperty Summar y Parcel No 00403920004 SiteAddress*Disclaimer Site City NAPLES Site Zone*Note 34112 Name / Address MARY A ARMBRUSTER REV TRUST 1257 SOLANA RD City NAPLES State FL Zip 34103 Map No.Strap No.Section Township Range Acres *Estimated 5B08 000100 035 5B08 8 50 26 9.93 Legal 8 50 26 N1/2 OF S1/2 OF SE1/4 OF SW1/4, LESS R/W 7.81 AC OR 1698 PG 392 Millage Area 268 Millage Rates *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 99 - ACREAGE NOT ZONED AGRICULTURAL 5.016 6.2924 11.3084 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 04/23/04 3548-3966 03/23/92 1698-392 09/01/91 1647-174 05/01/89 1444-2121 11/01/86 1231-800 2020 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after theFinal Tax Roll 9.A.3.c Packet Pg. 411 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Map Folio Number: 00403920004 Name: MARY A ARMBRUSTER REV TRUST Street# & Name: Build# / Unit#: 035 / Legal Description: 8 50 26 N1/2 OF S1/2 OF SE1/4 OF SW1/4, LESS R/W 7.81 AC OR 1698 PG 392 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. 9.A.3.c Packet Pg. 412 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 9.A.3.c Packet Pg. 413 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 414 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) County Barn Road A Residential Planned Unit Development List of Owner and all Parties of Corporation •Owner: MARY A ARMBRUSTER REV TRUST 9.A.3.c Packet Pg. 415 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575FAX: (239) 597-0578LB No.: 6952_________________________________________________________∆ABBREVIATIONS & LEGEND:NOTES:LEGAL DESCRIPTION:THE NORTH 1/2 OF THE SOUTH 1/2 OF THESOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OFSECTION 8, TOWNSHIP 50 SOUTH, RANGE 26EAST, COLLIER COUNTY, FLORIDA, LESS THEWESTERLY 50 FEET FOR ROAD RIGHT OF WAY,ALSO KNOWN AS ISLAND PINE PUD.SCHEDULE BII EXCEPTIONS01/08/20219.A.3.cPacket Pg. 416Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 417 Attachment: 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 Fax (+1) 813-664-0440 www.cardno.com Florida Land Use, Cover and Forms Classification System (FLUFCS)Toll Brothers - County Barn Road Project Collier County, Florida This m a p a nd a ll d ata contained within a re supplied a sis with no wa rra nty. Ca rd no, Inc. e xpre ssly d iscla im sre sponsibility for d a m ag e s or liability from any cla im stha t m a y a rise out of the use or m isuse of this m a p. It isthe sole re sponsibility of the use r to d e te rm ine if thed a ta on this m ap m e ets the use r’s ne ed s. This m a p wa snot crea te d as surve y d a ta, nor should it be used a ssuch. It is the use r’s re sponsibility to obtain prope rsurve y d a ta , pre pa re d by a license d surve yor, whe rere quire d by la w.r Im a g e :2020 Se c 08Twp 50 S Rng 26 E File Pa th: Q:\Unite d Sta te s\Florid a \Ta m pa \Toll Brothers\CountyBa rnRd \working \a rcm a p\FLUCCS_Ma p_ A_ 1_ 20210520.m xdDa te Re vised : 5/20/2021GIS Analyst: Ja m es.Bottig e r Da te Cre a te d : 5/20/2021 Legend Proje ct Bound a ry - 9.96 a c. ± LUCODE, LUDesc, AC_Sum 439 E3 O the r Ha rd wood s, Disturbe d (50-75% Exotics) 1.18 a c. ± 6259 E3 Hyd ric Pine , Disturbe d (50-75% Exotics) 8.71 a c. ± 740 Disturbe d La nd 0.07 ac. ± 0 200 400 Feet 0 60 120 Meters 9.A.3.c Packet Pg. 418 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 9.A.3.c Packet Pg. 419 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) March 8, 2021 Crews Road RPUD PL20210000101 EXHIBIT D LEGAL DESCRIPTION CREWS ROAD RPUD A Residential Planned Unit Development THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WESTERLY 50 FEET FOR ROAD RIGHT OF WAY, ALSO KNOWN AS ISLAND PINE PUD. 9.A.3.c Packet Pg. 420 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) S S S SSSSSSSSSSSSSSSSSSSSSWWWWWWWW W WWWWWWWWWWWWWFFFWWLRRRAAR/WR/WPPF15' TYPE'B' BUFFER 15' TYPE'D' BUFFEREX. 30' CREWSROAD ROWCOUNTY BARN ROAD PROPERTYBOUNDARYPROPERTYBOUNDARYCURRENT USE: PUBLIC USE/ESSENTIAL SERVICESZONING DISTRICT: PUBLIC USE (P)CURRENT USE: SINGLE FAMILY RESIDENTIALZONING DISTRICT: ESTATES (E)CURRENT USE: VACANTZONING DISTRICT: ESTATES (E)CURRENT USE: VACANT ZONING DISTRICT: ESTATES (E)6' WIDE LANDSCAPEBUFFER RESERVATION10' TYPE'D' BUFFER CRCRFGENERALIZED DIRECTIONOF FLOW (TYP.)RGE:TWP:SEC:DATE:TITLE: CLIENT: PROJECT:OFPROJECT NO.:SHEET NUMBER:DESIGNED:DRAWN:DATEREVISION#DRAWN 0July 16, 2021 7:28 AM K:\2017\170122.01.01 County Barn - PUD, ERP, PPL, SIP, & SDP\0002 PUD Rezone Application Preparation\CAD Exhibits\1701220101X CWMP.dwgCREWS ROAD RPUD TOLL BROTHERS INC.1 1170122.01.01JULY. 20218 50 S 26 EJBBJSH25 50100CONCEPTUAL UTILITY AND WATER MANAGEMENTSITE SUMMARY TABLETRACT / AREALAND USE ACREAGE PERCENTCRROW (CREWS)0.899%R/WROW (INTERNAL)1.1512%RRESIDENTIAL2.7428%LLAKE0.535%FFLOOD PLAIN COMP1.6116%PPRESERVE1.3614%AAAMENITY0.101%BUFFERSREMAINING1.5816%TOTAL AREA 9.96 100% 6610 Willow Park Drive, Suite 200 / Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 / LB6952LEGENDAA - AMENITY AREAF- FLOODPLAIN COMPENSATIONL - LAKE /WATER MANAGEMENTP - PRESERVER - RESIDENTIALR/W - RIGHT OF WAY- GENERALIZED DIRECTION OF FLOW- OUTFALL/CONTROL STRUCTURE-PERIMETER BERM- TOPO VERTICAL DATUM (NGVD 29) 1 3 . 3(FLOOD ZONE AH PER FLOOD INSURANCE RATEMAP 12021C0413H. EFFECTIVE DATE: MAY 16, 2012.)9.A.3.cPacket Pg. 421Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) RGE:TWP:SEC:DATE:TITLE: CLIENT: PROJECT:OFPROJECT NO.:SHEET NUMBER:DESIGNED:DRAWN:DATEREVISION#DRAWN 0July 29, 2021 10:02 AM K:\2017\170122.01.01 County Barn - PUD, ERP, PPL, SIP, & SDP\0002 PUD Rezone Application Preparation\Submittal #1 Working Docs\Master Concept Plan\1701220101X MCP.dwgCREWS ROAD RPUD TOLL SOUTHEAST LP COMPANY, INC. 22170122.01.01APRIL, 202185026PVHD####100EXHIBIT - MASTER PLAN SITE SUMMARYTRACT/AREAUSEUNITSAREA (ACRES)RRESIDENTIAL603.24AAAMENITY AREA0.14PPRESERVE (INCLUSIVE OFFLOODPLAIN COMPENSATION AREA)2.98LLAKE/ WATER MANAGEMENT0.77R/WRIGHT OF WAY1.25BUFFERS/ OPENSPACEOPEN SPACE0.70CREOPEN SPACE0.88TOTAL:609.96OPEN SPACE:1.REQUIRED OPEN SPACE: 60% OF THE 9.08 AC SITE NOT INCLUSIVEOF CRE AREA2.PROVIDED OPEN SPACE: 60%12'2'TRAVELLANE10'PUBLICUTILITYEASEMENTC/LR/W2' CURB55' ROW4'5'4.5'12'2'TRAVELLANE10'PUBLICUTILITYEASEMENTR/W2' CURB4'5'4.5'6610 Willow Park Drive, Suite 200 / Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 / LB6952 PRESERVE:1.REQUIRED: 1.36 AC (9.08 AC NATIVE VEGETATION NOT INCLUSIVE OF CRE AREA x 15%)2.PROVIDED: 2.98 ACRPUD MASTER PLAN NOTES:1.THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUDMASTER PLAN SHALL BE CONSIDERED CONCEPTUAL INNATURE.2.THE DESIGN, LOCATION, AND CONFIGURATION OF THE LANDIMPROVEMENTS SHALL BE DEFINED AT EITHERPRELIMINARY SUBDIVISION PLAT APPROVAL, ORCONSTRUCTION PLANS AND PLAT APPROVAL.3.PRESERVES MAY BE USED TO SATISFY THE LANDSCAPEBUFFER REQUIREMENT AFTER EXOTIC VEGETATIONREMOVAL IN ACCORDANCE WITH LDC SECTION 4.06.02 AND4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANTMATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION3.05.07. A MINIMUM 6-FOOT-WIDE LANDSCAPE BUFFEREASEMENT LOCATED OUTSIDE OF THE PRESERVE WILL BECONVEYED BY OWNER TO A HOMEOWNER'S ASSOCIATIONOR CONDOMINIUM ASSOCIATION AT TIME OF SDP OR PLATAPPROVAL. IN THE EVENT THAT THE PRESERVE DOES NOTMEET THE BUFFER REQUIREMENT AFTER REMOVAL OFEXOTICS AND ADDITION OF SUPPLEMENTAL PLANTING INACCORDANCE WITH 3.05.07, LANDSCAPE MATERIAL WILL BEPROVIDED BY OWNER IN THE 6' WIDE LANDSCAPE BUFFEREASEMENT OUTSIDE OF THE PRESERVE TO MEET THE SIZEAND SPACING STANDARDS OF A TYPE 'B' BUFFER, SIZE ANDNUMBER OF SUCH PLANTINGS WILL BE DETERMINED ATTIME OF INITIAL SDP OR PLAT.4.THE PRESERVE WILL BE USED TO SATISFY ENVIRONMENTALPERMITTING ASSOCIATED WITH FLOODPLAINCOMPENSATION. ANY PORTION OF THE PRESERVE AREAIMPACTED TO ADDRESS FLOODPLAIN COMPENSATION WILLBE CREATED AND RESTORED AS ALLOWED BY EITHER THELDC, COUNTY ORDINANCES, OR ADOPTED PRESERVEMANAGEMENT PLAN.TYPICAL SECTION 55' RIGHT-OF-WAYScale: NTSDENSITY:1.MAXIMUM 6.02 DU/AC OR MAXIMUM 60 UNITS·1.36 AC OF NATIVE VEGETATION·1.62 AC OF FLOODPLAIN COMPENSATIONCREATED PRESERVE (SEE NOTE 4)19.A.3.cPacket Pg. 422Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida Crews Road Project July 29, 2021 9.A.3.c Packet Pg. 423 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 1BJuly 29, 2021, Final Cardno Document Information i Contact Information Cardno 3905 Crescent Park Drive Riverview, FL, 33578, USA Telephone: +1 813 664 4500 www.cardno.com Document Information Prepared for Toll Brothers 24201 Walden Center Drive, Suite 204, Bonita Springs, Florida 34134 USA Project Name Environmental Impact Statement: Collier County, Florida 0BCrews Road Project File Reference FINAL_County Barn Road_Environmental Impact Statement_20210520.docx Job Reference E221000500 Date 1BJuly 29, 2021, Final Version Number 1.0 Author(s) Jason Hunt Environmental Project Manager Project Manager Stephanie Healey Project Scientist © Cardno. Copyright in the whole and every part of this document belongs to Cardno and may not be used, sold, transferred, copied or reproduced in whole or in part in any manner or form or in or on any media to any person other than by agreement with Cardno. This document is produced by Cardno solely for the benefit and use by the client in accordance with the terms of the engagement. Cardno does not and shall not assume any responsibility or liability whatsoever to any third party arising out of any use or reliance by any third party on the content of this document. 9.A.3.c Packet Pg. 424 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project ii Document Information Cardno 1BJuly 29, 2021, Final This Page Intentionally Left Blank 9.A.3.c Packet Pg. 425 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 1BJuly 29, 2021, Final Cardno Table of Contents iii Table of Contents 1 Introduction ..................................................................................................................... 1-1 1.1 Project Description ........................................................................................................... 1-1 1.2 Report Preparers .............................................................................................................. 1-1 2 Land Uses and Collier County Native Vegetation ........................................................ 2-1 2.1 Florida Land Use, Cover and Forms Classification System (FLUCFCS) ......................... 2-1 2.2 Collier County Native Vegetation ..................................................................................... 2-2 3 Wetlands and Other Surface Waters ............................................................................. 3-2 3.1 Wetland Delineation and Field Assessment ..................................................................... 3-2 3.2 Wetland and Other Surface Water Permitting .................................................................. 3-3 4 Federal and State Protected Species ............................................................................ 4-3 4.1 General Habitat Assessment ............................................................................................ 4-3 4.1.1 Big Cypress Fox Squirrel (Sciurus niger avicennia) ......................................... 4-6 4.1.2 Florida Bonneted Bat (Eumops floridanus) ....................................................... 4-6 4.1.3 Florida Panther (Puma (=Felix) concolor coryi) ................................................ 4-7 4.1.4 Bald Eagle (Haliaeetus leucocephalis) ............................................................. 4-7 4.1.5 Red-cockaded Woodpecker (Picoides borealis) ............................................... 4-7 4.1.6 Little Blue Heron (Egretta caerulea) .................................................................. 4-7 4.1.7 Tri-colored Heron (Egretta tricolor) ................................................................... 4-8 4.1.8 Wood Stork (Mycteria americana) .................................................................... 4-8 4.1.9 Eastern Indigo Snake (Drymarchon couperi) .................................................... 4-8 4.2 Federal and State Protected Species Permitting ............................................................. 4-8 4.2.1 USFWS ............................................................................................................. 4-8 4.2.2 FWC .................................................................................................................. 4-8 5 Land Development Code and Growth Management Plan Compliance ...................... 5-9 6 Environmental Land Development Code Deviation ..................................................... 6-9 7 Wellfield Risk Management Special Treatment Overlay Zones ................................ 7-10 8 References ..................................................................................................................... 8-11 9.A.3.c Packet Pg. 426 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project iv Table of Contents Cardno 1BJuly 29, 2021, Final Appendices Appendix A Project Figures Appendix B Site Plan Tables Table 1-1. Land Uses within the Crews Road Project Area, Collier County, Florida ........................ 2-1 Table 1-2. Project WRAP Analysis for Wetlands .............................................................................. 3-3 Table 3-1. Potential Federal and State Listed Wildlife Species with the Potential to Occur in the Vicinity of the Crews Road Project, Collier County, Florida ....................................... 4-4 Table 3-2. Collier County Protected Plants (LDC 3.04.03) in the Vicinity of the Crews Road Project, Collier County, Florida ........................................................................................ 4-5 9.A.3.c Packet Pg. 427 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 1BJuly 29, 2021, Final Cardno Table of Contents v Acronyms BCFS Big Cypress fox squirrel BGEPA Bald and Golden Eagle Protection Act CRF Code of Federal Regulations ERP Environmental Resource Permitting ESA Endangered Species Act F.A.C. Florida Administrative Code FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FLUCFCS Florida Land Use, Cover, and Forms Classification System FNAI Florida Natual Areas Inventory ft Foot FWC Florida Fish and Wildlife Conservation Comission GPS Geograpic Positioning System IPaC Information for Planning and Consultation ITP Incidental Take Permit m Meter MBTA Migratory Bird Treaty Act NRCS Natural Resource Conservation Service NWI National Wetland Inventory NWPR 2020 Navigable Waters Protection Rule OSW Other Surface Waters Project Crews Road Project RCW Red-cockaded Woodpecker RPUD Residential Planned Unit Development SDA Soil Data Access SFWMD South Florida Water Management District USACE United States Army Corps of Engineers USDA United States Department of Agriculture USFWS United States Fish and Wildlife Service USGS United States Geological Survey WOTUS Waters of the United States WRAP Wetland Rapid Assessment Procedure 9.A.3.c Packet Pg. 428 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project vi Table of Contents Cardno 1BJuly 29, 2021, Final This Page Intentionally Left Blank 9.A.3.c Packet Pg. 429 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 1BJuly 29, 2021, Final Cardno Introduction 2-1 1 Introduction 1.1 Project Description Toll Brothers is proposing the construction of a 60 unit residential housing community on County Barn Road, approximately ¾ of a mile south of the intersection at Davis Blvd, in Naples, Florida, herein referred to as the Crews Road Project (Project). The Project is located on one parcel of land, totaling ±9.96 acres, identified as Collier County Parcel Number 00403920004. The Project is located in Section 08, Township 50S, Range 26E. The Project is bound to the west by County Barn Road and to the north by industrial development and the easement designated for the future construction of Crews Road. Undeveloped land immediately abuts the project to the west and south. This Environmental Impact Statement is prepared in support of the rezoning application with Collier County, per LDC Section 3.08.00. The general location of the Project is shown on Appendix A – Figure A-1, Project Location Map, and Figure A-2, USGS Quadrangle Map. 1.2 Report Preparers The environmental (wetlands and listed species) surveys and environmental report preparation have been conducted by qualified staff with Cardno, Inc., an environmental consulting firm with offices throughout the US, with local offices in Tampa and Fort Myers. Lead field staff and report preparers include: Jason Hunt, PWS (B.S. Biology, B.S. Environmental Studies, 2001 East Stroudsburg University) has 19 years of experience conducting listed species surveys, reporting, and environmental permitting in the state of Florida Stephanie Healey (M.S. Marine Biology, 2010 Nova Southeastern University), has 11 years of experience conducting listed species surveys, reporting, and environmental permitting in the state of Florida. 2 Land Uses and Collier County Native Vegetation 2.1 Florida Land Use, Cover and Forms Classification System (FLUCFCS) The Project Area in characterized by three Florida Land Use, Cover and Forms Classification (FLUCFCS) types, dominated by Hydric Pine, Disturbed (6259 E3) with approximately 50 to 75% exotic species. Appendix A – Figure 3, FLUCFCS Map, illustrates the Project FLUCFCS delineated during the field survey. A table summarizing the land uses as well as the descriptions for the various land uses are provided below as Table 1-1: FLUCFCS Code Description Acres Percent of Total 439 E3 Other Hardwoods, Disturbed (50-75% Exotics) 1.18 11.8% 6259 E3 Hydric Pine, Disturbed (50-75% Exotics) 8.71 87.4% 740 E3 Disturbed Land 0.07 0.7% Project Total 9.96 100.00 9.A.3.c Packet Pg. 430 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 3-2 Wetlands and Other Surface Waters Cardno 1BJuly 29, 2021, Final FLUCFCS 439 E3– Other Hardwoods, Disturbed (50-75% Exotics)- The canopy was dominated by slash pine (Pinus elliottii), laurel oak (Quercus laurifolia), melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), and Australian pine (Casuarina equisetifolia). Several individuals of cabbage palm (Sabal palmetto), Java plum (Syzygium cumini), Javanese bishopwood (Bischofia javanica), and Brazilian pepper (Schinus terebinthifolia) reached canopy height. The sub-canopy stratum was dominated by Brazilian pepper, cabbage palm, melaleuca, earleaf acacia, saw palmetto (Serenoa repens), with scattered Australian pine, cocoplum (Chrysobalanus icaco), Java plum (Syzygium cumini), and West Indian mahogany (Swietenia mahagoni). The herbaceous layer in most of the forested upland was composed of seedlings of the same dominant species in the sub-canopy layer. At the northern boundary of the forest canopy, the herbaceous strata also included swamp flatsedge (Cyperus ligularis), woodland false buttonweed (Spermacoce assurgens), creeping oxeye (Wedelia trilobata), and bushy bluestem (Andropogon glomeratus). FLUCFCS 6259 E3 – Hydric Pine, Disturbed (50-75% Exotics)- The canopy strata was composed of mixed melaleuca, Java plum, slash pine, dahoon holly (Ilex cassine), bald cypress (Taxodium distichum), laurel oak, earleaf acacia, Brazilian pepper, and cabbage palm. The sub-canopy layer was dominated by Brazilian pepper, dahoon holly, cocoplum, melaleuca, Java plum, and cabbage palm, with some patches of Carolina willow (Salix caroliniana), wax myrtle (Myrica cerifera), and saltbush (Baccharis halimifolia). The primary species in the herbaceous layer was swamp fern (Blechnum serrulatum), with muscadine grape (Vitis rotundifolia) and the occasional saw palmetto. FLUCFCS 740- Disturbed Land- This upland land use is located in the northwest corner of the Project Area. The area appears to be regularly mowed. There is no canopy or sub-canopy vegetation. The ground cover is dominated by St. Augustine grass (Stenotaphrum secundatum) and also includes woodland false buttonweed and creeping oxeye. 2.2 Collier County Native Vegetation Collier County defines native vegetation “as a vegetative community having 25 percent or more canopy coverage of a native species (or highest existing vegetative strata)”. As the Crews Road rights-of-way is being excluded from the buildable area of the Project, native vegetation will be assessed for the remaining 9.08 areas within the Project Area. Both the Other Hardwoods (FLUCFCS 439) and Hydric Pine, Disturbed (FLUCFCS 6259 E3 (50-75% Exotics) contain at least 25 percent canopy of native vegetation (primarily slash pine), for a total of 9.08 acres of native vegetation within the buildable Project Area. 3 Wetlands and Other Surface Waters 3.1 Wetland Delineation and Field Assessment During the field review, Cardno ecologists identified areas that exhibited an abundance of hydrophytic (Facultative, Facultative Wetland, and Obligate Wetland) vegetation; hydrologic indicators; and hydric soil indicators. The wetland community observed on-site has been categorized as Hydric Pine, Disturbed (50- 75% Exotics) (see description above in Section 1.3) and comprises approximately 8.71 acres or 87.4 percent of the site. Due to the altered hydrology of the site as well as the time of year, hydrological indicators were sparse but included water stained leaves and algal matting. The primary hydric soil indicator observed during multiple soil investigations included a stripped matrix (S6) within 6 inches of the surface of the ground. 9.A.3.c Packet Pg. 431 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 1BJuly 29, 2021, Final Cardno Federal and State Protected Species 4-3 Formal delineation of wetlands and other surface waters (OSW) of Florida were conducted in accordance with the Florida Wetland Delineation Manual (62-340 Florida Administrative Code [F.A.C.]). Cardno prepared a preliminary WRAP analysis to determine the WRAP score for the Project wetlands. The table below, Table 1-2 provides estimated Project scores for the six parameters used in the WRAP analysis. Wetland FLUCFCS Wildlife Utilization Wetland Overstory / Shrub Canopy Wetland Ground Cover Habitat Support/ Wetland Buffer Field Hydrology WQ Input / Treatment WRAP Score 6259 E3 1.5 1.0 2.0 2.0 1.5 1.5 0.53 3.2 Wetland and Other Surface Water Permitting Concurrent with the field data collection effort, Cardno evaluated the U.S. Environmental Protection Agency’s and USACE’s “2020 Navigable Waters Protection Rule” (85 FR 22250) (NWPR) dated June 22, 2020, as applicable to the potential jurisdictional WOTUS identified within the Project Site and has rendered the following opinion: The Project wetlands do not meet the definition of WOTUS such that they are not considered to be (a)(1) waters (i.e. Traditional Navigable Waters), (a)(2) waters (i.e. Tributaries), (a)(3) waters (i.e. Lakes and Ponds, and Impoundments of Jurisdictional Waters), or (a)(4) Adjacent Wetlands. Furthermore, the wetlands are not considered “Adjacent Wetlands” because they: a. Do not abut, meaning touch at least one point or side of a Paragraph (a)(1) through (a)(3) water; b. Are not inundated by flooding from a Paragraph (a)(1) through (a)(3) water in a typical year; c. Are not physically separated from a Paragraph (a)(1)-(3) water only by a natural berm, bank, dune, or similar natural feature; and d. Are not physically separated from a Paragraph (a)(1)-(3) water only by an artificial dike, barrier, or similar artificial structure so long as that structure allows for a direct hydrologic surface connection in a typical year through a culvert, flood or tide gate, pump, or similar artificial feature. Note: the roadside swales/ditches proximal to the Project Area are not jurisdictional features as they meet the requirements of exclusion (Paragraph (b)(5). The Project will require an Environmental Resource Permit (ERP) from the SFWMD pursuant to Ch. 62- 330 F.A.C. Sections A, C, and E (Ch. 62-330.060 (A – E) will be provided as part of the application. As part of the permitting process, the Project will obtain District approval for wetland lines and WRAP score. 4 Federal and State Protected Species 4.1 General Habitat Assessment On January 13, 2021, Cardno ecologists conducted meandering pedestrian transects throughout the Project Area to determine the presence and relative abundance of species afforded protection by the USFWS under the Endangered Species Act of 1973 (ESA) (fauna in 50 Code of Federal Regulation (CRF) 17 and flora in 50 CFR 23), the FWC under Rule 68A-27.003, 68A-27.0031 and 68A-27.005 F.A.C. and the Preservation of Native Flora of Florida Act, Section 581 F.S. and Chapter 5B-40 F.A.C. The general habitat 9.A.3.c Packet Pg. 432 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 4-4 Federal and State Protected Species Cardno 1BJuly 29, 2021, Final assessment was performed in accordance with methods found in the Florida Wildlife Conservation Guide as developed by the USFWS, FWC, and FNAI. The general habitat assessment conducted in the field focused on the specific habitat requirements necessary for those species in Table 4-1. During the site assessment, Cardno ecologists identified potential suitable habitat for nine federal and state protected species, and one state protected species. These species are the Big Cypress fox squirrel (Sciurus niger avicennia), Florida bonneted bat (Eumops floridanus), Florida panther (Puma (=Felix) concolor coryi), bald eagle (Haliaeetus leucocephalis), red-cockaded woodpecker (Picoides borealis), little blue heron (Egretta caerulea), tri-colored heron (Egretta tricolor), wood stork (Mycteria americana), eastern indigo snake (Drymarchon couperi), and Florida black bear (Ursus americanus floridanus). Each species will be discussed in detail below. Species not potentially present within the Project Area have been eliminated from further evaluation. Common Name Scientific Name Classification Source Potentially Present within Project Area (Yes/No) Eliminated from Further Evaluation (Yes/No) Field Observations Federal State Mammals Big Cypress Fox Squirrel Sciurus niger avicennia N/A T 1 Yes No No Florida Black Bear Ursus americanus floridanus FBBMP N/A Yes No No Florida Bonneted Bat Eumops floridanus E N/A 1,2 Yes No No Florida Panther Puma (=Felix) concolor coryi E FE 1, 2 Yes No No Puma (=mountain lion) Puma (=Felix) concolor)(all subsp. except coryi SAT N/A 2 No Yes No Birds Florida Burrowing Owl Athene cunicularia floridana N/A T 1 No Yes No Little Blue Heron Egretta caerulea N/A T N/A Yes No No Bald Eagle Haliaeetus leucocephalus BGEPA N/A N/A Yes No No Red-cockaded Woodpecker Picoides borealis E FE 1,2 Yes No No Snail Kite Rostrhamus sociabilis E FE 1 No Yes No Tri-colored Heron Egretta tricolor N/A T N/A Yes No No White-crowned Pigeon Patagioenas leucocephala N/A T 1 No Yes No Wood Stork Mycteria americana T FT 1,2 Yes No Yes, adjacent to Project site Reptiles American Alligator Alligator mississippiensis SAT N/A 1, 2 No Yes No American Crocodile Crocodylus acutus T FT 1, 2 No Yes No Eastern Indigo Snake Drymarchon couperi T FT 1, 2 Yes No No 9.A.3.c Packet Pg. 433 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 1BJuly 29, 2021, Final Cardno Federal and State Protected Species 4-5 Common Name Scientific Name Classification Source Potentially Present within Project Area (Yes/No) Eliminated from Further Evaluation (Yes/No) Field Observations Federal State Gopher tortoise Gopherus polyphemus C T 1 No Yes No Loggerhead Sea Turtle Caretta caretta T FT 2 No Yes No Insects Bartram’s Hairstreak Butterfly Strymon acis bartrami E FE 1, 2 No Yes No Florida Leafwing Butterfly Anaea troglodyte floridalis E FE 1, 2 No Yes No Miami Blue Butterfly Cyclargus (=Hemiargus) thomasi bethunebakeri E FE 1, 2 No Yes No Plants Pine-woods Bluestem Andropogon arctatus N/A T 1 No Yes No Florida Prairie- clover Dalea carthagenesis floridana E FE 2 No Yes No Garber’s Spurge Chamaesyce garberi E FE 2 No Yes No Nodding Pinweed Lechea cernua N/A T 1 No Yes No Small’s Flax Linum carteri var. smallii N/A E 1 No Yes No Celestial Lilly Nemastylis floridana N/A E 1 No Yes No Ghost Orchid Polyrrhiza lindenii N/A E 1 No Yes No Giant Orchid Pteroglossaspis ecristata N/A T 1 No Yes No Florida Royal Palm Roystonea elata N/A E 1 No Yes No Source: 1: FNAI Biodiversity Matrix 2: USFWS Unofficial Species List N/A: Not Applicable Classification: E: Endangered T: Threatened FE: Federally Endangered FT: Federally Threatened BGEPA: Afforded protection through Bald and Golden Eagle Protection Act FBBMP: Afforded protection under the Florida Black Bear Management Plan SAT: Similarity of Appearance (Threatened) N/A: Not Applicable Common Name Scientific Name Field Observations Rare Cowhorn orchid Cyrtopodium punctatum None observed Curtiss's milkweed Asclepias curtissii None observed Florida clamshell orchid Encyclia cochleata None observed Ghost orchid Polyrrhiza lindenii None observed West coast prickly apple Harrisia gracilis None observed Less Rare 9.A.3.c Packet Pg. 434 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 4-6 Federal and State Protected Species Cardno 1BJuly 29, 2021, Final Common Name Scientific Name Field Observations Butterfly orchid Encyclia tampensis None observed Giant wild-pine Tillandsia utriculata None observed Inflated wild-pine Tillandsia balbisiana None observed Stiff-leaved wild-pine Tillandsia fasciculata None observed Twisted air plant Tillandsia flexuosa None observed Source: Collier County Land Development Code (LDC) 3.04.03 4.2 Species with Potential Habitat Usage 4.2.1 Big Cypress Fox Squirrel (Sciurus niger avicennia) The Big Cypress fox squirrel (BCFS) is a state-listed threatened subspecies of the eastern fox squirrel only found south of the Caloosahatchee River and southwest of Lake Okeechobee. These squirrels inhabit a variety of forested habitats with open to moderately dense understory and shrub cover including tropical hardwood forests, live oak forests, mangrove forests, cypress swamps, pine flatwoods, and suburban habitats. BCFS’s have multiple nests which are typically located in bald cypress, slash pine, and cabbage palm trees. They typically nest twice a year, from December to April and July to October. No BCFS’s were observed on site, but one potential squirrel nest, was observed within the Project Area (Appendix A – Figure 4). The Project will seek technical assistance from FWC. 4.2.2 Florida Black Bear (Ursus americanus floridanus) The Florida black bear is state protected species and protected by the FWC Florida Black Bear Management Plan (2019). Bears are found throughout the state of Florida, and are opportunistic foragers, consuming seasonally available fruits, nuts, insects, and human produced food (particularly garbage). Habitat selection is functional based on foraging needs, and prefer a mix of habitats including flatwoods, swamps, scrub oak ridges, bayheads and hammock habitats, with some areas having nearly impenetrable understory. Bears in natural habitats are generally most active at dawn and dusk, while bears living closer to urban and suburban areas tend to be more active at night. No bears or evidence of bear foraging or denning were observed on site. The Project Area is within the Florida Black Bear Consultation Area (Appendix A – Figure 5); therefore the Project will seek technical assistance from FWC. 4.2.3 Florida Bonneted Bat (Eumops floridanus) The Florida bonneted bat is a federally listed endangered endemic bat species, only found in south Florida, from Polk and Osceola County south to Monroe County. Little is known about the life history of the Florida bonneted bat but they have been detected foraging in a variety of habitats including semitropical forests with tropical hardwoods, pinelands, and mangrove habitats, as well as manmade areas such as golf courses and neighborhoods. These bats are known to nest in both natural and artificial structures, including tree cavities, buildings, bat houses, and foliage. No Florida bonneted bat species were observed on site however one snag with cavities was observed and suitable habitat does exist (Appendix A –Figure 4). The Project Area is within the Florida Bonneted Bat Consultation Area; therefore the Project will seek technical assistance from USFWS. 9.A.3.c Packet Pg. 435 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 1BJuly 29, 2021, Final Cardno Federal and State Protected Species 4-7 4.2.4 Florida Panther (Puma (=Felix) concolor coryi) The Florida panther (panther) is a federally listed endangered subspecies of the cougar that is found in southern Florida. The panther is tan in color with light buff to white fur on the underside. Panthers are typically distinguished by their long tail, dorsal hair whorl, a crook in the tail, and white flecking on the neck and shoulders. They are typically found in extensive blocks of mostly forested communities, including large wetlands that are generally inaccessible to humans. The Project Area is located outside of the Panther Focus Area and consultation with the USFWS is not anticipated to be required (Appendix A – Figure 5), however the Project will seek technical assistance from USFWS.. 4.2.5 Bald Eagle (Haliaeetus leucocephalus) The bald eagle is afforded protection under the Bald and Golden Eagle Protection Act (BGEPA). It is a large opportunist that is found throughout Florida. Nesting territories are concentrated around inland lake and river systems in peninsular Florida. Bald eagles use forested habitats for nesting and roosting, and expanses of shallow water for foraging. Nesting habitat generally consists of mature canopy trees located along habitat edges, providing an unobstructed view of surrounding areas. No active bald eagle nests were observed during the habitat assessment. According to the FWC Bald Eagle Nest Locator Database, there are a total of 21 nests located within five miles of the Project Area, the closest being approximately 1.5 miles away (CO040) (Appendix A – Figure 6). No individuals or nests were observed within the Project Area. The Project will seek technical assistance from USFWS. 4.2.6 Red-cockaded Woodpecker (Picoides borealis) The red-cockaded woodpecker (RCW) is a federally listed endangered small woodpecker with a large white patch located on their cheek, a black head and neck, a white belly, and a barred black and white back. The red-cockade consists of a small red streak above the cheek and is only found on the male. RCW’s inhabit open, mature pine woodlands comprised of slash, longleaf, and loblolly pines, that have a diversity of grass, forb, and shrub species. Nesting occurs from March 1 to July 31 in self-made cavities in live pine trees. No individuals were observed within the Project Area. The site does not support the preferred foraging or nesting habitat for the RCW and there are no known historic clusters in the vicinity of the Project Area. The Project Area is located within the USFWS consultation area for the RCW (Appendix A – Figure 5). The Project will seek technical assistance from USFWS. 4.2.7 Little Blue Heron (Egretta caerulea) The little blue heron is a state listed threatened small, long-legged wading bird that has a slate blue body with a purplish to maroon-brown head and neck. They are typically found in fresh, salt, and brackish water habitats, including: swamps, estuaries, ponds, lakes, rivers, agricultural fields, canals, ditches, and impoundments. They nest from February to August in mixed-species assemblages of colonial waterbirds in shrubs and small trees in standing water or upland sites on islands in a variety of woody vegetation including cypress, willow, maple, black mangrove, buttonwood, Brazilian pepper, and cabbage palms. Individuals often nest right above the water on a platform of sticks. No little blue herons were observed within the Project Area but suitable habitat does exists. The Project Area does not support preferred habitat for the little blue heron but is located within a 15-mile buffer of two historic wading bird rookeries (Appendix A – Figure 7). The Project will seek technical assistance from FWC. 9.A.3.c Packet Pg. 436 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 4-8 Federal and State Protected Species Cardno 1BJuly 29, 2021, Final 4.2.8 Tri-colored Heron (Egretta tricolor) The tri-colored heron is a state listed threatened medium-sized wading bird with a dark slate blue colored head and body, purple chest, and white underpants with a long slender neck and bill. They inhabit fresh and saltwater marshes, estuaries, mangrove swamps, lagoons, and river deltas. They nest from February to August in mixed-species assemblages of colonial waterbirds in shrubs and small trees in standing water or upland sites on islands in a variety of woody vegetation including cypress, willow, maple, black mangrove, buttonwood, Brazilian pepper, and cabbage palms. Tri-colored herons were not observed within the Project Area, but suitable habitat does exist. The Project Area does not support preferred habitat for the tricolored heron but is located within a 15-mile buffer of two historic wading bird rookeries (Appendix A – Figure 7). The Project will seek technical assistance from FWC. 4.2.9 Wood Stork (Mycteria americana) The wood stork is a federally listed threatened large, long-legged wading bird that is white in color with a rough, scaly head and neck. They are typically found in a variety of wetlands including both freshwater and estuarine marshes. They are known to nest in mixed hardwood swamps, sloughs, mangroves, and cypress domes/stands. Nesting in South Florida occurs from late November to early March. Wood storks were not observed within the Project Area, but 12 individuals were observed on adjacent properties, and suitable habitat exists within the Project Area. The Project Area does not support preferred habitat for the wood stork but is located within a USFWS- designated 18.6-mile buffer of one wood stork core foraging area (CFA) (Appendix A –Figure 8). The Project will seek technical assistance from FWC. 4.2.10 Eastern Indigo Snake (Drymarchon couperi) The eastern indigo snake is a federally listed threatened large, wide ranging predator that occupies most native upland and wetland habitats in Florida. Indigo snakes are often associated with gopher tortoise burrows, which they use as refugia from extreme temperatures. No indigo snakes were documented within the Project Area but appropriate habitat exists and indigo snakes could occur on site. The Project will seek technical assistance from USFWS. 4.3 Federal and State Protected Species Permitting 4.3.1 USFWS As the proposed Project could result in unavoidable impacts to federally listed species foraging habitat for the Florida bonneted bat, wood stork, and eastern indigo snake, it is anticipated that consultation with the USFWS may be required to address this loss of habitat consistent with the ESA. As explained above, the Project is likely excluded from federal jurisdiction pursuant to the 2020 NWPR and therefore consultation under Section 7 of the ESA would not be justified. If the Project is not authorized under the State 404 Program, informal consultation under Section 10 of the ESA with the USFWS may be sought through a request for technical assistance. 4.3.2 FWC If the presence of state listed species is confirmed and impacts cannot be avoided, Incidental Take Permits may be required. Consultation with the FWC and adherence to the approved conservation measures and permitting guidelines will be required to address the state listed species observed onsite. Further, to ensure the minimization of adverse impacts to state listed species, pre-clearing species specific surveys will be required and the development of a corresponding Project specific wildlife habitat management plan 9.A.3.c Packet Pg. 437 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 1BJuly 29, 2021, Final Cardno Land Development Code and Growth Management Plan Compliance 6-9 consistent with the guidelines of the FWC’s Imperiled Species Management Plan will likely be required to address the wading birds and the BCFS. Dependent on the actions proposed, incidental take authorizations may be required from the FWC. 5 Land Development Code and Growth Management Plan Compliance The Project is a planned 60 unit residential housing development (Appendix B – Preliminary Site Plan), situated along County Barn Road to the west, a government office parcel to the north, and undeveloped greenspace to the east and south. The Project intends to utilize County Barn Road as the ingress and egress location for the housing development. Development of the Project will result in approximately 5.51 acres of primary wetland impacts, and 0.021 acres of secondary wetland impacts (Appendix A – Figure 9), pending SFWMD wetland line and compensatory mitigation plan approval and final site plan design. Anticipated ground disturbing activities will occur in the uplands (FLUFCS 439 E3– Other Hardwoods along the north and west of the property, and extend into the wetland system that extends to the east and south, off site. The preserve and floodplain compensation areas have been situated along the eastern and southern boundary of the Project Area in order to maintain the natural connectivity with the off-site wetlands and flow way. Any impacts to wetlands will be permitted through the SFWMD ERP process, and it is anticipated that compensatory mitigation will be fulfilled through the purchase of wetland mitigation credits through a state-approved mitigation bank. The floodplain compensation area is higher than the surrounding preserve area, based on LiDAR data, and therefore provides the most benefit as floodplain compensation. The area will be cleared and excavated down to control elevation of 6.75’ NAVD. No impacts are anticipated to the adjacent preserve/wetland. Once the area has been cleared and excavated, it could either be naturally revegetated, or additional plants could be added to speed the process along. Over time, this area will in essence match the hydrology of the surrounding wetland since the elevations will be similar. The Project is preserving 1.36 acres of native vegetation, and including an additional 1.62 acres of floodplain compensation within the preserve, creating a 2.98 acre onsite preserve. Preservation of native vegetation, alone meets the County requirement of 15 percent onsite preservation (GMP CCME 6.1) for a non-coastal high hazard area ≥ 5 acres but less than 20 acres, and inclusion of the floodplain compensation area within the preserve, increases that total area to almost 30 percent. The on-site preserve of 2.98 acres will be protected by a permanent conservation easement. Field surveys did not indicate the presence of state or federal listed species, as outlined in Table 3.1, or rare plants identified by Collier County, outlined in Table 3.2. The on-site habitat consisted of approximately 50 to 70 percent exotic flora, and provides potential suitable habitat for the species outlined in Section 4.2. In order to minimize impacts to state and federally listed species or their habitat, the Project will seek technical assistance from both FWC and the USFWS. Additional measures to minimize impacts to these species after discussion with FWC and USFWS could include species specific surveys, and pre- construction/pre-clearing surveys. While potential suitable habitat for listed species will be impacted on a portion of the site, the proposed on-site preserve will maintain native habitat, provide connection to existing off-site wetland habitat and protect the on-site habitat in perpetuity through the creation of a conservation easement. 6 Environmental Land Development Code Deviation The Project is not proposing any deviations from the LDC provisions pursuant to GMP CCME Policy 6.1.1(13), as the project intends to adhere to the 15% native vegetation preservation requirement through on-site preservation. 9.A.3.c Packet Pg. 438 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 7-10 Wellfield Risk Management Special Treatment Overlay Zones Cardno 1BJuly 29, 2021, Final 7 Wellfield Risk Management Special Treatment Overlay Zones The Project is not located in a Wellfield Risk Management Special Treatment Overlay Zone, as defined by the 2010 Collier County Well Field Protection Zone map. 9.A.3.c Packet Pg. 439 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 1BJuly 29, 2021, Final Cardno References 8-11 8 References Florida Department of Transportation (FDOT). 1999. Florida Land Use, Cover, and Forms Classification System (FLUCFCS). Tallahassee, Florida. Florida Fish and Wildlife Conservation Commission (FWC). 2021. Species Conservation Measures and Permitting Guidelines. Accessed January 2021. https://myfwc.com/wildlifehabitats/wildlife/species-guidelines/ Florida Fish and Wildlife Conservation Commission (FWC). 2020. Water Bird Colony Locator. FWC Fish and Wildlife Research Institute. https://www.arcgis.com/home/item.html?id=5f16b8ba3ffe4d01b7d2cdd3f743f5b5 Florida Fish and Wildlife Conservation Commission (FWC). 2019. Bald Eagle Nest Locator. FWC Fish and Wildlife Research Institute. https://geodata.myfwc.com/datasets/eb20bf44aeea44a8ab4a47cd4329c6b6_5 Florida Fish and Wildlife Conservation Commission (FWC). 2019. Florida Black Bear Management Plan. Florida Fish and Wildlife Conservation Commission, Tallahassee, Florida, 209 p Florida Fish and Wildlife Conservation Commission (FWC). 2016. Florida’s Imperiled Species Management Plan: 2016-2026. Tallahassee, Florida. Florida Natural Areas Inventory (FNAI). 2019. Biodiversity Tracking List: Collier County. Tallahassee, Florida https://www.fnai.org/trackinglist.cfm Natural Resources Conservation Service (NRCS). 2019. Soil Survey for Collier County, Florida. Accessed January 2021. https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm United States Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-20. Vicksburg, MS: U.S. Army Engineer Research and Development Center. United States Army Corps of Engineers (USACE). 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. United States Fish and Wildlife Service (USFWS). 2020. Florida Active (Wood Stork) Nesting Colonies and Core Foraging Areas 2010-2019. North Florida Ecological Services Office. United States Fish and Wildlife Service (USFWS). 2020. Information for Planning and Conservation (IPaC) Tool. https://ecos.fws.gov/ipac/. United States Fish and Wildlife Service (USFWS). 2017. National Wetlands Inventory website. U.S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. http://www.fws.gov/wetlands. 9.A.3.c Packet Pg. 440 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 8-12 References Cardno 1BJuly 29, 2021, Final United States Geological Survey (USGS). 2012. US Topo 7.5 Minute Quadrangle Map. USGS National Geospatial Technical Operations Center. https://viewer.nationalmap.gov/basic/#/ United States Geological Survey (USGS). 2012. National Hydrography Dataset. USGS National Geospatial Technical Operations Center. https://viewer.nationalmap.gov/basic/#/ 9.A.3.c Packet Pg. 441 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 1BJuly 29, 2021, Final Cardno A-8-1 FINAL_County Barn Road_Environmental Impact Statement_20210729.docx 0BCrews Road Project APPENDIX A PROJECT FIGURES 9.A.3.c Packet Pg. 442 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Projec t Loc ation -81.728 26.1254 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 F ax (+1) 813-664-0440 www.cardno.c om Cre ws R oa d P ro jec tCollier C ou nty, Fl ori da Figure 1: Location MapThis map and all data contained within are s uppli ed asis with no warranty . Cardno, Inc. expressl y dis claim sresponsibility for damages or liability from any claim sthat may arise out of the use or misuse of thi s m ap. It isthe sole responsibility of the user to determ ine if thedata on this map meets the user’s needs . T his m ap wasnot created as survey data, nor should it be us ed assuch. It is the user’s responsibility to obtai n propersurvey data, prepared by a lic ensed s urveyor, whererequired by law.r Image:ESR I Sec 08Twp 50 S Rng 26 E File Path: Q :\UnitedStates\Florida\Tampa\Toll Brothers\CountyBarnR d\w orki ng\arc map\EIS\EIS_F igur e1_Location_Map_A_1_20210729.m xdDate Revis ed: 7/29/2021GIS Analyst: Jam es .BottigerDate Created: 7/29/2021 Lege nd Projec t Boundary - 9 .96 ac . ± 0 1 2 Miles 0 1,600 3,200 Meters 9.A.3.c Packet Pg. 443 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Projec t Loc ation -81.728 26.1254 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 F ax (+1) 813-664-0440 www.cardno.c om Cre ws R oa d P ro jec tCollier C ou nty, Fl ori da Figure 2: USGS Quadrangle MapThis map and all data contained within are s uppli ed asis with no warranty . Cardno, Inc. expressl y dis claim sresponsibility for damages or liability from any claim sthat may arise out of the use or misuse of thi s m ap. It isthe sole responsibility of the user to determ ine if thedata on this map meets the user’s needs . T his m ap wasnot created as survey data, nor should it be us ed assuch. It is the user’s responsibility to obtai n propersurvey data, prepared by a lic ensed s urveyor, whererequired by law.r Image:ESR I Sec 08Twp 50 S Rng 26 E Data Source: File Path: Q :\UnitedStates\Florida\Tampa\Toll Brothers\CountyBarnR d\w orki ng\arc map\EIS\EIS_F igur e2_U SGS_Quadr angle_M ap_A_1_20210729.m xdDate Revis ed: 7/29/2021GIS Analyst: Jam es .BottigerDate Created: 7/29/2021 Lege nd Projec t Boundary - 9 .96 ac . ± 0 2,000 4,000 Feet 0 600 1,200 Meters 9.A.3.c Packet Pg. 444 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 F ax (+1) 813-664-0440 www.cardno.c om Cre ws R oa d P ro jec tCollier C ou nty, Fl ori da Figure 3: Florida Lan d Use, Cover and Form s Classification System (FLUC C S)This map and all data contained within are s uppli ed asis with no warranty . Cardno, Inc. expressl y dis claim sresponsibility for damages or liability from any claim sthat may arise out of the use or misuse of thi s m ap. It isthe sole responsibility of the user to determ ine if thedata on this map meets the user’s needs . T his m ap wasnot created as survey data, nor should it be us ed assuch. It is the user’s responsibility to obtai n propersurvey data, prepared by a lic ensed s urveyor, whererequired by law.r Image:2020 Sec 08Twp 50 S Rng 26 E File Path: Q :\UnitedStates\Florida\Tampa\Toll Brothers\CountyBarnR d\w orki ng\arc map\EIS\EIS_F igur e3_F LUC CS_M ap_A_1_20210729.mx dDate Revis ed: 7/29/2021GIS Analyst: Jam es .BottigerDate Created: 7/29/2021 Lege nd Project Boundary - 9.96 ac. ± Limits of Disturbance Crews Road Ex clusion Area - 0.88 ac . ± Preserve Area 439 E3 Other Hardwoods, Dist urbed (50-75% Exotics) 1.18 ac. ± 6259 E3 Hydric Pine, Dist urbed (50-75% Exotics) 8.71 ac. ± 740 Disturbed Land 0.07 ac . ± Site Plan 0 200 400 Feet 0 60 120 Meters 9.A.3.c Packet Pg. 445 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 F ax (+1) 813-664-0440 www.cardno.c om Cre ws R oa d P ro jec tCollier C ou nty, Fl ori da Figure 4: Species Observations MapThis map and all data contained within are s uppli ed asis with no warranty . Cardno, Inc. expressl y dis claim sresponsibility for damages or liability from any claim sthat may arise out of the use or misuse of thi s m ap. It isthe sole responsibility of the user to determ ine if thedata on this map meets the user’s needs . T his m ap wasnot created as survey data, nor should it be us ed assuch. It is the user’s responsibility to obtai n propersurvey data, prepared by a lic ensed s urveyor, whererequired by law.r Image:2020 Sec 08Twp 50 S Rng 26 E File Path: Q :\UnitedStates\Florida\Tampa\Toll Brothers\CountyBarnR d\w orki ng\arc map\EIS\EIS_F igur e4_Species_Obser vations_Map_A_1_20210729.m xdDate Revis ed: 7/29/2021GIS Analyst: Jam es .BottigerDate Created: 7/29/2021 Lege nd Projec t Boundary - 9 .96 ac . ± Crews R oad Exc l us io n A re a - 0.8 8 a c. ± Survey Transe cts !.Snag tree (1) !.Squirrel Nest (1) 0 200 400 Feet 0 60 120 Meters 9.A.3.c Packet Pg. 446 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 F ax (+1) 813-664-0440 www.cardno.c om Cre ws R oa d P ro jec tCollier C ou nty, Fl ori da Figure 5: Species Consultation Map This map and all data contained within are s uppli ed asis with no warranty . Cardno, Inc. expressl y dis claim sresponsibility for damages or liability from any claim sthat may arise out of the use or misuse of thi s m ap. It isthe sole responsibility of the user to determ ine if thedata on this map meets the user’s needs . T his m ap wasnot created as survey data, nor should it be us ed assuch. It is the user’s responsibility to obtai n propersurvey data, prepared by a lic ensed s urveyor, whererequired by law.r Image:2020 Sec 08Twp 50 S Rng 26 E Data Source: File Path: Q :\UnitedStates\Florida\Tampa\Toll Brothers\CountyBarnR d\w orki ng\arc map\EIS\EIS_F igur e5_Species_C ons ul tati on_M ap_A_1_20210729.m xdDate Revis ed: 7/29/2021GIS Analyst: Jam es .BottigerDate Created: 7/29/2021 Lege nd Projec t Boundary - 9 .96 ac . ± Panther Consulta tio n A re a Florida Blac k B ea r C on s ul tati on A re a Red Coc kaded W oo d pe ck er Oc cu ren ce Are a 0 5 10 Miles 0 8,000 16,000 Meters 9.A.3.c Packet Pg. 447 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b CO903 CO902 CO901 CO040 CO027 CO995 CO993 CO982 CO023 CO974 CO054 CO051 CO046 CO037 CO035 CO028 CO024 CO015 CO014 CO010 CO009 CO003 CO056 CO981 CO053 CO052 CO050 CO027a CO023a 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 F ax (+1) 813-664-0440 www.cardno.c om Cre ws R oa d P ro jec tCollier C ou nty, Fl ori da Figure 6: Bald Eagle Nest Location MapThis map and all data contained within are s uppli ed asis with no warranty . Cardno, Inc. expressl y dis claim sresponsibility for damages or liability from any claim sthat may arise out of the use or misuse of thi s m ap. It isthe sole responsibility of the user to determ ine if thedata on this map meets the user’s needs . T his m ap wasnot created as survey data, nor should it be us ed assuch. It is the user’s responsibility to obtai n propersurvey data, prepared by a lic ensed s urveyor, whererequired by law.r Image:2018 Sec 08Twp 50 S Rng 26 E File Path: Q :\UnitedStates\Florida\Tampa\Toll Brothers\CountyBarnR d\w orki ng\arc map\EIS\EIS_F igur e6_Eagles_M ap_A_1_20210729.m xdDate Revis ed: 7/29/2021GIS Analyst: Jam es .BottigerDate Created: 7/29/2021 Lege nd Projec t Boundary - 9 .96 ac . ± 5Mile Project B uffer [b Eagle Nes t Loca ti o ns 0 2 4 Miles 0 3,200 6,400 Meters 9.A.3.c Packet Pg. 448 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews [® [® [® [® [® [®[®[® [®[® [® [® [® [® [®[® [® [® [®[® [® [® [® [® [®[® [® [® [® [® [® [® [®[® [® [®[® 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 F ax (+1) 813-664-0440 www.cardno.c om Cre ws R oa d P ro jec tCollier C ou nty, Fl ori da Figure 7: Water Bird Location MapThis map and all data contained within are s uppli ed asis with no warranty . Cardno, Inc. expressl y dis claim sresponsibility for damages or liability from any claim sthat may arise out of the use or misuse of thi s m ap. It isthe sole responsibility of the user to determ ine if thedata on this map meets the user’s needs . T his m ap wasnot created as survey data, nor should it be us ed assuch. It is the user’s responsibility to obtai n propersurvey data, prepared by a lic ensed s urveyor, whererequired by law.r Image:2020 Sec 08Twp 50 S Rng 26 E Data Source: File Path: Q :\UnitedStates\Florida\Tampa\Toll Brothers\CountyBarnR d\w orki ng\arc map\EIS\EIS_F igur e7_W ater _Bird_Locati on_M ap_A_1_20210729.m xdDate Revis ed: 7/29/2021GIS Analyst: Jam es .BottigerDate Created: 7/29/2021 Lege nd Projec t Boundary - 9 .96 ac . ± 15 Mile Buffer [®Wading Bird Ro ok e ri e s (F WC 1 99 9 ) 0 6 12 Miles 0 9,650 19,300 Meters 9.A.3.c Packet Pg. 449 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews [® [® [® [® [® 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 F ax (+1) 813-664-0440 www.cardno.c om Cre ws R oa d P ro jec tCollier C ou nty, Fl ori da Figure 8: Wood Stork Core Foraging Area MapThis map and all data contained within are s uppli ed asis with no warranty . Cardno, Inc. expressl y dis claim sresponsibility for damages or liability from any claim sthat may arise out of the use or misuse of thi s m ap. It isthe sole responsibility of the user to determ ine if thedata on this map meets the user’s needs . T his m ap wasnot created as survey data, nor should it be us ed assuch. It is the user’s responsibility to obtai n propersurvey data, prepared by a lic ensed s urveyor, whererequired by law.r Image:2020 Sec 08Twp 50 S Rng 26 E Data Source: File Path: Q :\UnitedStates\Florida\Tampa\Toll Brothers\CountyBarnR d\w orki ng\arc map\EIS\EIS_F igur e8_W ood_Stork _C ore_Foraging_Area_Map_A_1_20210729.m xdDate Revis ed: 7/29/2021GIS Analyst: Jam es .BottigerDate Created: 7/29/2021 Lege nd Projec t Boundary - 9 .96 ac . ± Wood Stork Co re F ora g in g A rea s [®Wood Stork Co lo ni e s (F WS 2 01 0 - 2 01 9) 0 8 16 Miles 0 13,000 26,000 Meters 9.A.3.c Packet Pg. 450 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 Fax (+1) 813-664-0440 www.cardno.com Crews Road ProjectCollier County, Florida Figure 9: Wetland Impacts MapT h is m ap and all data contained with in are supplied asis with no warranty. Cardno, Inc. expressly disclaim sresponsibility for dam ages or liability from any claim sth at m ay arise out of th e use or m isuse of th is m ap. It isth e sole responsibility of th e user to determ ine if th edata on th is m ap m eets th e user’s needs. T h is m ap wasnot created as surv ey data, nor sh ould it be used assuch . It is th e user’s responsibility to obtain propersurv ey data, prepared by a licensed surv eyor, wh ererequired by law.r Im age:2020 Sec 08T wp 50 S Rng 26 E File Path : Q:\UnitedStates\Florida\T am pa\T oll Broth ers\CountyBarnRd\work ing\arcm ap\EIS\EIS_Figure9_Wetland_Im pacts_Map_A_1_20210729.m xdDate Rev ised: 7/29/2021GIS Analyst: Jam es.Bottiger Date Created: 7/29/2021 Legend Project Boundary - 9.96 ac. ± Lim its of Disturbance Crews Road Exclusion Area - 0.88 ac. ± PFO Wetland Area Prim ary Wetland Im pacts - 5.51 ac. ± Onsite Secondary Im pacts - 0.21 ac. ± Offsite Secondary Im pacts - 0.22 ac. ± Floodplain Com pensation Im pacts - 1.47 ac. ± Site Plan 0 200 400 Feet 0 60 120 Meters 9.A.3.c Packet Pg. 451 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Environmental Impact Statement: Collier County, Florida 0BCrews Road Project 1BJuly 29, 2021, Final Cardno B-8-1 FINAL_County Barn Road_Environmental Impact Statement_20210729.docx 0BCrews Road Project APPENDIX B SITE PLAN 9.A.3.c Packet Pg. 452 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) EX. 30' CREWS ROAD EASEMENT (0.89 AC)(CRE) O.R. 1560, P.G. 165115' TYPE'B' BUFFER15' TYPE'D' BUFFER10' TYPE 'D' BUFFERRR/WPROPERTYBOUNDARYCOUNTY BARN ROAD PROPERTYBOUNDARYCURRENT USE: PUBLIC USE/ESSENTIALSERVICESZONING DISTRICT: PUBLIC USE (P)CURRENT USE: SINGLE FAMILY RESIDENTIALZONING DISTRICT: ESTATES (E)CURRENT USE: VACANTZONING DISTRICT: ESTATES (E)AALCURRENT USE: VACANT ZONING DISTRICT: ESTATES (E)RRACCESS GATE(APROXIMATE LOCATION)(AS ALLOWED BY LDC ANDCOUNTY ORDINANCES)CRE6' WIDE LANDSCAPEBUFFER RESERVATION(SEE NOTE 3)P(SEE NOTE 4)6' WIDE LANDSCAPEBUFFER RESERVATION(SEE NOTE 3)RGE:TWP:SEC:DATE:TITLE: CLIENT: PROJECT:OFPROJECT NO.:SHEET NUMBER:DESIGNED:DRAWN:DATEREVISION#DRAWN 0July 29, 2021 10:02 AM K:\2017\170122.01.01 County Barn - PUD, ERP, PPL, SIP, & SDP\0002 PUD Rezone Application Preparation\Submittal #1 Working Docs\Master Concept Plan\1701220101X MCP.dwgCREWS ROAD RPUD TOLL SOUTHEAST LP COMPANY, INC. 12170122.01.01APRIL, 202185026PVHD2550100EXHIBIT - MASTER PLANLEGENDAA -AMENITY AREAL-LAKE /WATER MANAGEMENTP-PRESERVER-RESIDENTIALR/W-RIGHT OF WAYCRE-CREWS ROAD EASEMENT#-PROPERTY BOUNDARY-PROJECT INGRESS/EGRESS-R/W-DEVIATION LOCATIONS216610 Willow Park Drive, Suite 200 / Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 / LB6952 9.A.3.cPacket Pg. 453Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) RGE:TWP:SEC:DATE:TITLE: CLIENT: PROJECT:OFPROJECT NO.:SHEET NUMBER:DESIGNED:DRAWN:DATEREVISION#DRAWN 0July 29, 2021 10:02 AM K:\2017\170122.01.01 County Barn - PUD, ERP, PPL, SIP, & SDP\0002 PUD Rezone Application Preparation\Submittal #1 Working Docs\Master Concept Plan\1701220101X MCP.dwgCREWS ROAD RPUD TOLL SOUTHEAST LP COMPANY, INC. 22170122.01.01APRIL, 202185026PVHD####100EXHIBIT - MASTER PLAN SITE SUMMARYTRACT/AREAUSEUNITSAREA (ACRES)RRESIDENTIAL603.24AAAMENITY AREA0.14PPRESERVE (INCLUSIVE OFFLOODPLAIN COMPENSATION AREA)2.98LLAKE/ WATER MANAGEMENT0.77R/WRIGHT OF WAY1.25BUFFERS/ OPENSPACEOPEN SPACE0.70CREOPEN SPACE0.88TOTAL:609.96OPEN SPACE:1.REQUIRED OPEN SPACE: 60% OF THE 9.08 AC SITE NOT INCLUSIVEOF CRE AREA2.PROVIDED OPEN SPACE: 60%12'2'TRAVELLANE10'PUBLICUTILITYEASEMENTC/LR/W2' CURB55' ROW4'5'4.5'12'2'TRAVELLANE10'PUBLICUTILITYEASEMENTR/W2' CURB4'5'4.5'6610 Willow Park Drive, Suite 200 / Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 / LB6952 PRESERVE:1.REQUIRED: 1.36 AC (9.08 AC NATIVE VEGETATION NOT INCLUSIVE OF CRE AREA x 15%)2.PROVIDED: 2.98 ACRPUD MASTER PLAN NOTES:1.THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUDMASTER PLAN SHALL BE CONSIDERED CONCEPTUAL INNATURE.2.THE DESIGN, LOCATION, AND CONFIGURATION OF THE LANDIMPROVEMENTS SHALL BE DEFINED AT EITHERPRELIMINARY SUBDIVISION PLAT APPROVAL, ORCONSTRUCTION PLANS AND PLAT APPROVAL.3.PRESERVES MAY BE USED TO SATISFY THE LANDSCAPEBUFFER REQUIREMENT AFTER EXOTIC VEGETATIONREMOVAL IN ACCORDANCE WITH LDC SECTION 4.06.02 AND4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANTMATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION3.05.07. A MINIMUM 6-FOOT-WIDE LANDSCAPE BUFFEREASEMENT LOCATED OUTSIDE OF THE PRESERVE WILL BECONVEYED BY OWNER TO A HOMEOWNER'S ASSOCIATIONOR CONDOMINIUM ASSOCIATION AT TIME OF SDP OR PLATAPPROVAL. IN THE EVENT THAT THE PRESERVE DOES NOTMEET THE BUFFER REQUIREMENT AFTER REMOVAL OFEXOTICS AND ADDITION OF SUPPLEMENTAL PLANTING INACCORDANCE WITH 3.05.07, LANDSCAPE MATERIAL WILL BEPROVIDED BY OWNER IN THE 6' WIDE LANDSCAPE BUFFEREASEMENT OUTSIDE OF THE PRESERVE TO MEET THE SIZEAND SPACING STANDARDS OF A TYPE 'B' BUFFER, SIZE ANDNUMBER OF SUCH PLANTINGS WILL BE DETERMINED ATTIME OF INITIAL SDP OR PLAT.4.THE PRESERVE WILL BE USED TO SATISFY ENVIRONMENTALPERMITTING ASSOCIATED WITH FLOODPLAINCOMPENSATION. ANY PORTION OF THE PRESERVE AREAIMPACTED TO ADDRESS FLOODPLAIN COMPENSATION WILLBE CREATED AND RESTORED AS ALLOWED BY EITHER THELDC, COUNTY ORDINANCES, OR ADOPTED PRESERVEMANAGEMENT PLAN.TYPICAL SECTION 55' RIGHT-OF-WAYScale: NTSDENSITY:1.MAXIMUM 6.02 DU/AC OR MAXIMUM 60 UNITS·1.36 AC OF NATIVE VEGETATION·1.62 AC OF FLOODPLAIN COMPENSATIONCREATED PRESERVE (SEE NOTE 4)19.A.3.cPacket Pg. 454Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Insert Report Title Insert Project Name 1BJuly 29, 2021, Final Cardno References 8-3 FINAL_County Barn Road_Environmental Impact Statement_20210729.docx About Cardno Cardno is an ASX-200 professional infrastructure and environmental services company, with expertise in the development and improvement of physical and social infrastructure for communities around the world. Cardno’s team includes leading professionals who plan, design, manage, and deliver sustainable projects and community programs. Cardno is an international company listed on the Australian Securities Exchange [ASX:CDD]. Cardno Zero Harm At Cardno, our primary concern is to develop and maintain safe and healthy conditions for anyone involved at our project worksites. We require full compliance with our Health and Safety Policy Manual and established work procedures and expect the same protocol from our subcontractors. We are committed to achieving our Zero Harm goal by continually improving our safety systems, education, and vigilance at the workplace and in the field. Safety is a Cardno core value and through strong leadership and active employee participation, we seek to implement and reinforce these leading actions on every job, every day. www.cardno.com 9.A.3.c Packet Pg. 455 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report County Barn Road May 21, 2021 9.A.3.c Packet Pg. 456 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road 1BMay 21, 2021, Draft Cardno Document Information i Contact Information Cardno 3905 Crescent Park Drive Riverview, FL, 33578, USA Telephone: +1 813 664 4500 www.cardno.com Document Information Prepared for Toll Brothers 24201 Walden Center Drive, Suite 204, Bonita Springs, Florida 34134 USA Project Name Listed Species Report 0BCounty Barn Road File Reference DRAFT_County Barn Road_Environmental Due Diligence_20210114_sjh.docx Job Reference E221000500 Date 1BMay 21, 2021, Draft Version Number 1.0 Author(s) Jason Hunt Environmental Project Manager [ Project Manager Stephanie Healey Project Scientist © Cardno. Copyright in the whole and every part of this document belongs to Cardno and may not be used, sold, transferred, copied or reproduced in whole or in part in any manner or form or in or on any media to any person other than by agreement with Cardno. This document is produced by Cardno solely for the benefit and use by the client in accordance with the terms of the engagement. Cardno does not and shall not assume any responsibility or liability whatsoever to any third party arising out of any use or reliance by any third party on the content of this document. 9.A.3.c Packet Pg. 457 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road ii Document Information Cardno 1BMay 21, 2021, Draft This Page Intentionally Left Blank 9.A.3.c Packet Pg. 458 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road 1BMay 21, 2021, Draft Cardno Table of Contents iii Table of Contents 1 Introduction ..................................................................................................................... 1-1 2 Desktop Analysis and Field Survey Methodology ....................................................... 2-1 2.1 Desktop Analysis .............................................................................................................. 2-1 2.1.1 General Habitat Assessment Methodology ...................................................... 2-1 3 Results ............................................................................................................................. 3-2 3.1 Desktop Analysis .............................................................................................................. 3-2 3.2 General Habitat Assessment ............................................................................................ 3-2 4 Summary .......................................................................................................................... 4-7 5 References ....................................................................................................................... 5-8 Appendices Appendix A Project Figures Tables Table 3-1. Potential Federal and State Listed Wildlife Species with the Potential to Occur in the Vicinity of the County Barn Road Project, Collier County, Florida ............................. 3-3 Table 3-2. Collier County Protected Plants (LDC 3.04.03) in the Vicinity of the County Barn Road Project, Collier County, Florida ............................................................................... 3-5 9.A.3.c Packet Pg. 459 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road iv Table of Contents Cardno 1BMay 21, 2021, Draft Acronyms BCFS Big Cypress fox squirrel BGEPA Bald and Golden Eagle Protection Act CRF Code of Federal Regulations ESA Endangered Species Act F.A.C. Florida Administrative Code FLUCFCS Florida Land Use, Cover, and Forms Classification System FNAI Florida Natual Areas Inventory ft Foot FWC Florida Fish and Wildlife Conservation Comission GPS Geograpic Positioning System IPaC Information for Planning and Consultation m Meter MBTA Migratory Bird Treaty Act Project County Barn Road Project RCW Red-cockaded Woodpecker USFWS United States Fish and Wildlife Service 9.A.3.c Packet Pg. 460 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road 1BMay 21, 2021, Draft Cardno Table of Contents v This Page Intentionally Left Blank 9.A.3.c Packet Pg. 461 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road 1BMay 21, 2021, Draft Cardno Introduction 2-1 1 Introduction Toll Brothers is proposing the construction of a 60 unit residential housing community on County Barn Road, approximately ¾ of a mile south of the intersection at Davis Blvd, in Naples, Florida, herein referred to as the County Barn Road Development Project (Project). The Project is located on one parcel of land, totaling ±9.96 acres, identified as Collier County Parcel Number 00403920004. The Project is located in Section 08, Township 50S, Range 26E. The Project is bound to the west by County Barn Road and to the north by industrial development. Undeveloped land immediately abuts the project to the west and south. This Listed Species Report is prepared in support of the rezoning application with Collier County, per LDC Section 3.08.00. The general location of the Project is shown on Appendix A – Figure A-1, Project Location Map, and Figure A-2, USGS Quadrangle Map. 2 Desktop Analysis and Field Survey Methodology 2.1 Desktop Analysis Cardno conducted the following activities to determine the federal and state listed species that could occur within the Project Area: • Requested an Unofficial Species List using the USFWS IPaC system; • Reviewed the FNAI Biodiversity Matrix by Matrix Unit; • Reviewed the FWC Water Bird Locator for historical wading bird rookeries within 15 miles of the Project Area; • Reviewed the FWC Bald Eagle Nest Locator for nests within 1-mile of the Project Area; • Reviewed the USFWS Wood Stork Florida Nesting Colonies Maps; and • Conducted a review of readily available literature including but not limited to Florida’s Imperiled Species Management Plan, FWC’s Species Conservation Measures and Permitting Guidelines, species recovery plans, field guides, species checklists, peer-review publications, unpublished academic sources, and company data for other projects with the current Project Area. • Conducted a review of plant species listed by the Florida Department of Agriculture and Consumer Services and the USFWS as endangered, threatened, or commercially exploited and surveyed for plant species that are included on the Collier County Rare and Less Rare Plants lists (Land Development Code (LDC) Section 3.04.03). Figures produced as part of the desktop analysis are provided as Appendix A. 2.1.1 General Habitat Assessment Methodology During the general habitat assessment, Cardno ecologists conducted meandering pedestrian transects throughout the Project Area to determine the presence and relative abundance of species afforded protection by the USFWS under the Endangered Species Act of 1973 (ESA) (fauna in 50 Code of Federal Regulation (CRF) 17 and flora in 50 CFR 23), the FWC under Rule 68A-27.003, 68A-27.0031 and 68A- 27.005 F.A.C. and the Preservation of Native Flora of Florida Act, Section 581 F.S. and Chapter 5B-40 9.A.3.c Packet Pg. 462 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road 3-2 Results Cardno 1BMay 21, 2021, Draft F.A.C. The general habitat assessment was performed in general accordance with methods found in the Florida Wildlife Conservation Guide as developed by the USFWS, FWC, and FNAI. During the general habitat assessment, all habitats within the Project Area were evaluated for evidence of listed species that are known to have the potential to occur within Collier County. Observations of all listed species, as well as physical features that may indicate the presence of these species (e.g., tracks, scat, nests, burrows, cavity trees, etc.) were recorded and mapped on 1”=600’ aerial prints of the Project Area. The design of the survey was to focus on the species likely to occur within or directly adjacent to the Project Area, including the Florida bonneted bat (Eumops floridanus), Florida panther (Puma concolor coryi), Big Cypress fox squirrel (Sciurus niger avicennia), red-cockaded woodpecker (Picoides borealis), wood stork (Mycteria americana) and other listed wading birds, and the eastern indigo snake (Drymarchon couperi). 3 Results 3.1 Desktop Analysis The USFWS and FNAI database initially identified 29 potential federal and state listed species with the potential to occur within the vicinity of the Project (Table 3-1). Following examination of additional information obtained during the desktop assessment, this list was reduced to nine potential Fauna species. Fauna species were eliminated from further consideration if suitable habitat was not identified within the Project Area. Likewise, federally listed flora species were eliminated from further evaluation if required habitat was not recognized within the Project Area. All state listed flora species were eliminated from further evaluation due to state regulations designated to prevent the commercial exploitation of state listed threatened and endangered plant species. It is unlawful to willfully harvest, collect, pick, remove, injure, or destroy any plant listed as endangered growing on the private land of another, or any public land or water, without obtaining the written permission of the owner of the land or water, or their legal representative. Cardno also evaluated habitat for the presence of rare plant species in Collier County, afforded protection under Land Development Code (LDC) LDC 3.04.03 (Table 3- 2). The desktop assessment indicated that habitat could be potentially present for nine species, including one reptile, five birds, and three mammals. The general habitat assessment conducted in the field focused on the specific habitat requirements necessary for those species in Table 3-1 and Table 3-2. Species not potentially present within the Project Area have been eliminated from further evaluation. 3.2 General Habitat Assessment On January 13, 2021, Cardno ecologists conducted meandering pedestrian transects throughout the Project Area to determine the presence and relative abundance of species afforded protection by the USFWS under the Endangered Species Act of 1973 (ESA) (fauna in 50 Code of Federal Regulation (CRF) 17 and flora in 50 CFR 23), the FWC under Rule 68A-27.003, 68A-27.0031 and 68A-27.005 F.A.C. and the Preservation of Native Flora of Florida Act, Section 581 F.S. and Chapter 5B-40 F.A.C. The general habitat assessment was performed in accordance with methods found in the Florida Wildlife Conservation Guide as developed by the USFWS, FWC, and FNAI. The general habitat assessment conducted in the field focused on the specific habitat requirements necessary for those species in Table 3-1. During the site assessment, Cardno ecologists identified potential suitable habitat for nine federal and state protected species, and one state protected species. These species are the Big Cypress fox squirrel (Sciurus niger avicennia), Florida bonneted bat (Eumops floridanus), Florida panther (Puma (=Felix) 9.A.3.c Packet Pg. 463 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road 1BMay 21, 2021, Draft Cardno Results 3-3 concolor coryi), bald eagle (Haliaeetus leucocephalis), red-cockaded woodpecker (Picoides borealis), little blue heron (Egretta caerulea), tri-colored heron (Egretta tricolor), wood stork (Mycteria americana), eastern indigo snake (Drymarchon couperi), and Florida black bear (Ursus americanus floridanus). Each species will be discussed in detail below. Species not potentially present within the Project Area have been eliminated from further evaluation. Common Name Scientific Name Classification Source Potentially Present within Project Area (Yes/No) Eliminated from Further Evaluation (Yes/No) Field Observations Federal State Mammals Big Cypress Fox Squirrel Sciurus niger avicennia N/A T 1 Yes No No Florida Black Bear Ursus americanus floridanus FBBMP N/A Yes No No Florida Bonneted Bat Eumops floridanus E N/A 1,2 Yes No No Florida Panther Puma (=Felix) concolor coryi E FE 1, 2 Yes No No Puma (=mountain lion) Puma (=Felix) concolor)(all subsp. except coryi SAT N/A 2 No Yes No Birds Florida Burrowing Owl Athene cunicularia floridana N/A T 1 No Yes No Little Blue Heron Egretta caerulea N/A T N/A Yes No No Bald Eagle Haliaeetus leucocephalus BGEPA N/A N/A Yes No No Red-cockaded Woodpecker Picoides borealis E FE 1,2 Yes No No Snail Kite Rostrhamus sociabilis E FE 1 No Yes No Tri-colored Heron Egretta tricolor N/A T N/A Yes No No White-crowned Pigeon Patagioenas leucocephala N/A T 1 No Yes No Wood Stork Mycteria americana T FT 1,2 Yes No Yes, adjacent to Project site Reptiles American Alligator Alligator mississippiensis SAT N/A 1, 2 No Yes No American Crocodile Crocodylus acutus T FT 1, 2 No Yes No Eastern Indigo Snake Drymarchon couperi T FT 1, 2 Yes No No Gopher tortoise Gopherus polyphemus C T 1 No Yes No Loggerhead Sea Turtle Caretta caretta T FT 2 No Yes No Insects Bartram’s Hairstreak Butterfly Strymon acis bartrami E FE 1, 2 No Yes No 9.A.3.c Packet Pg. 464 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road 3-4 Results Cardno 1BMay 21, 2021, Draft Common Name Scientific Name Classification Source Potentially Present within Project Area (Yes/No) Eliminated from Further Evaluation (Yes/No) Field Observations Federal State Florida Leafwing Butterfly Anaea troglodyte floridalis E FE 1, 2 No Yes No Miami Blue Butterfly Cyclargus (=Hemiargus) thomasi bethunebakeri E FE 1, 2 No Yes No Plants Pine-woods Bluestem Andropogon arctatus N/A T 1 No Yes No Florida Prairie- clover Dalea carthagenesis floridana E FE 2 No Yes No Garber’s Spurge Chamaesyce garberi E FE 2 No Yes No Nodding Pinweed Lechea cernua N/A T 1 No Yes No Small’s Flax Linum carteri var. smallii N/A E 1 No Yes No Celestial Lilly Nemastylis floridana N/A E 1 No Yes No Ghost Orchid Polyrrhiza lindenii N/A E 1 No Yes No Giant Orchid Pteroglossaspis ecristata N/A T 1 No Yes No Florida Royal Palm Roystonea elata N/A E 1 No Yes No Source: 1: FNAI Biodiversity Matrix 2: USFWS Unofficial Species List N/A: Not Applicable Classification: E: Endangered T: Threatened FE: Federally Endangered FT: Federally Threatened BGEPA: Afforded protection through Bald and Golden Eagle Protection Act FBBMP: Afforded protection under the Florida Black Bear Management Plan SAT: Similarity of Appearance (Threatened) N/A: Not Applicable 9.A.3.c Packet Pg. 465 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road 1BMay 21, 2021, Draft Cardno Results 3-5 Common Name Scientific Name Field Observations Rare Cowhorn orchid Cyrtopodium punctatum None observed Curtiss's milkweed Asclepias curtissii None observed Florida clamshell orchid Encyclia cochleata None observed Ghost orchid Polyrrhiza lindenii None observed West coast prickly apple Harrisia gracilis None observed Less Rare Butterfly orchid Encyclia tampensis None observed Giant wild-pine Tillandsia utriculata None observed Inflated wild-pine Tillandsia balbisiana None observed Stiff-leaved wild-pine Tillandsia fasciculata None observed Twisted air plant Tillandsia flexuosa None observed Source: Collier County Land Development Code (LDC) 3.04.03 3.3 Species with Potential Habitat Usage 3.3.1 Big Cypress Fox Squirrel (Sciurus niger avicennia) The Big Cypress fox squirrel (BCFS) is a state-listed threatened subspecies of the eastern fox squirrel only found south of the Caloosahatchee River and southwest of Lake Okeechobee. These squirrels inhabit a variety of forested habitats with open to moderately dense understory and shrub cover including tropical hardwood forests, live oak forests, mangrove forests, cypress swamps, pine flatwoods, and suburban habitats. BCFS’s have multiple nests which are typically located in bald cypress, slash pine, and cabbage palm trees. They typically nest twice a year, from December to April and July to October. No BCFS’s were observed on site, but one potential squirrel nest, was observed within the Project Area (Appendix A – Figure 3). The Project will seek technical assistance from FWC. 3.3.2 Florida Black Bear (Ursus americanus floridanus) The Florida black bear is state protected species and protected by the FWC Florida Black Bear Management Plan (2019). Bears are found throughout the state of Florida, and are opportunistic foragers, consuming seasonally available fruits, nuts, insects, and human produced food (particularly garbage). Habitat selection is functional based on foraging needs, and prefer a mix of habitats including flatwoods, swamps, scrub oak ridges, bayheads and hammock habitats, with some areas having nearly impenetrable understory. Bears in natural habitats are generally most active at dawn and dusk, while bears living closer to urban and suburban areas tend to be more active at night. No bears or evidence of bear foraging or denning were observed on site. The Project Area is within the Florida Black Bear Consultation Area (Appendix A – Figure 4); therefore the Project will seek technical assistance from FWC. 3.3.3 Florida Bonneted Bat (Eumops floridanus) The Florida bonneted bat is a federally listed endangered endemic bat species, only found in south Florida, from Polk and Osceola County south to Monroe County. Little is known about the life history of the Florida bonneted bat but they have been detected foraging in a variety of habitats including semitropical forests with tropical hardwoods, pinelands, and mangrove habitats, as well as manmade areas such as golf 9.A.3.c Packet Pg. 466 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road 3-6 Results Cardno 1BMay 21, 2021, Draft courses and neighborhoods. These bats are known to nest in both natural and artificial structures, including tree cavities, buildings, bat houses, and foliage. No Florida bonneted bat species were observed on site however one snag with cavities was observed and suitable habitat does exist (Appendix A –Figure 3). The Project Area is within the Florida Bonneted Bat Consultation Area; therefore the Project will seek technical assistance from USFWS. 3.3.4 Florida Panther (Puma (=Felix) concolor coryi) The Florida panther (panther) is a federally listed endangered subspecies of the cougar that is found in southern Florida. The panther is tan in color with light buff to white fur on the underside. Panthers are typically distinguished by their long tail, dorsal hair whorl, a crook in the tail, and white flecking on the neck and shoulders. They are typically found in extensive blocks of mostly forested communities, including large wetlands that are generally inaccessible to humans. The Project Area is located outside of the Panther Focus Area and consultation with the USFWS is not anticipated to be required (Appendix A – Figure 4), however the Project will seek technical assistance from USFWS.. 3.3.5 Bald Eagle (Haliaeetus leucocephalis) The bald eagle is afforded protection under the Bald and Golden Eagle Protection Act (BGEPA). It is a large opportunist that is found throughout Florida. Nesting territories are concentrated around inland lake and river systems in peninsular Florida. Bald eagles use forested habitats for nesting and roosting, and expanses of shallow water for foraging. Nesting habitat generally consists of mature canopy trees located along habitat edges, providing an unobstructed view of surrounding areas. No active bald eagle nests were observed during the habitat assessment. According to the FWC Bald Eagle Nest Locator Database, there are a total of 21 nests located within five miles of the Project Area, the closest being approximately 1.5 miles away (CO040) (Appendix A – Figure 5). No individuals or nests were observed within the Project Area. The Project will seek technical assistance from USFWS. 3.3.6 Red-cockaded Woodpecker (Picoides borealis) The red-cockaded woodpecker (RCW) is a federally listed endangered small woodpecker with a large white patch located on their cheek, a black head and neck, a white belly, and a barred black and white back. The red-cockade consists of a small red streak above the cheek and is only found on the male. RCW’s inhabit open, mature pine woodlands comprised of slash, longleaf, and loblolly pines, that have a diversity of grass, forb, and shrub species. Nesting occurs from March 1 to July 31 in self-made cavities in live pine trees. No individuals were observed within the Project Area. The site does not support the preferred foraging or nesting habitat for the RCW and there are no known historic clusters in the vicinity of the Project Area. The Project Area is located within the USFWS consultation area for the RCW (Appendix A – Figure 4). The Project will seek technical assistance from USFWS. 3.3.7 Little Blue Heron (Egretta caerulea) The little blue heron is a state listed threatened small, long-legged wading bird that has a slate blue body with a purplish to maroon-brown head and neck. They are typically found in fresh, salt, and brackish water habitats, including: swamps, estuaries, ponds, lakes, rivers, agricultural fields, canals, ditches, and impoundments. They nest from February to August in mixed-species assemblages of colonial waterbirds in shrubs and small trees in standing water or upland sites on islands in a variety of woody vegetation including cypress, willow, maple, black mangrove, buttonwood, Brazilian pepper, and cabbage palms. 9.A.3.c Packet Pg. 467 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road 1BMay 21, 2021, Draft Cardno Summary 4-7 Individuals often nest right above the water on a platform of sticks. No little blue herons were observed within the Project Area but suitable habitat does exists. The Project Area does not support preferred habitat for the little blue heron but is located within a 15-mile buffer of two historic wading bird rookeries (Appendix A – Figure 6). The Project will seek technical assistance from FWC. 3.3.8 Tri-colored Heron (Egretta tricolor) The tri-colored heron is a state listed threatened medium-sized wading bird with a dark slate blue colored head and body, purple chest, and white underpants with a long slender neck and bill. They inhabit fresh and saltwater marshes, estuaries, mangrove swamps, lagoons, and river deltas. They nest from February to August in mixed-species assemblages of colonial waterbirds in shrubs and small trees in standing water or upland sites on islands in a variety of woody vegetation including cypress, willow, maple, black mangrove, buttonwood, Brazilian pepper, and cabbage palms. Tri-colored herons were not observed within the Project Area, but suitable habitat does exist. The Project Area does not support preferred habitat for the tricolored heron but is located within a 15-mile buffer of two historic wading bird rookeries (Appendix A – Figure 6). The Project will seek technical assistance from FWC. 3.3.9 Wood Stork (Mycteria americana) The wood stork is a federally listed threatened large, long-legged wading bird that is white in color with a rough, scaly head and neck. They are typically found in a variety of wetlands including both freshwater and estuarine marshes. They are known to nest in mixed hardwood swamps, sloughs, mangroves, and cypress domes/stands. Nesting in South Florida occurs from late November to early March. Wood storks were not observed within the Project Area, but 12 individuals were observed on adjacent properties, and suitable habitat exists within the Project Area. The Project Area does not support preferred habitat for the wood stork but is located within a USFWS- designated 18.6-mile buffer of one wood stork core foraging area (CFA) (Appendix A –Figure 7). The Project will seek technical assistance from FWC. 3.3.10 Eastern Indigo Snake (Drymarchon couperi) The eastern indigo snake is a federally listed threatened large, wide ranging predator that occupies most native upland and wetland habitats in Florida. Indigo snakes are often associated with gopher tortoise burrows, which they use as refugia from extreme temperatures. No indigo snakes were documented within the Project Area but appropriate habitat exists and indigo snakes could occur on site. The Project will seek technical assistance from USFWS. 4 Summary The desktop analysis indicated the project is in range and provide potential suitable habitat for federal and state listed species, but no listed species were observed. Based on the individual species analysis provided in Section 3, the Project will seek technical assistance from USFWS and FWC to discuss appropriate avoidance and minimization measures, or any permitting, as applicable. 9.A.3.c Packet Pg. 468 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road 5-8 References Cardno 1BMay 21, 2021, Draft 5 References Florida Department of Transportation (FDOT). 1999. Florida Land Use, Cover, and Forms Classification System (FLUCFCS). Tallahassee, Florida. Florida Fish and Wildlife Conservation Commission (FWC). 2021. Species Conservation Measures and Permitting Guidelines. Accessed January 2021. https://myfwc.com/wildlifehabitats/wildlife/species-guidelines/ Florida Fish and Wildlife Conservation Commission (FWC). 2020. Water Bird Colony Locator. FWC Fish and Wildlife Research Institute. https://www.arcgis.com/home/item.html?id=5f16b8ba3ffe4d01b7d2cdd3f743f5b5 Florida Fish and Wildlife Conservation Commission (FWC). 2019. Bald Eagle Nest Locator. FWC Fish and Wildlife Research Institute. https://geodata.myfwc.com/datasets/eb20bf44aeea44a8ab4a47cd4329c6b6_5 Florida Fish and Wildlife Conservation Commission (FWC). 2019. Florida Black Bear Management Plan. Florida Fish and Wildlife Conservation Commission, Tallahassee, Florida, 209 p Florida Fish and Wildlife Conservation Commission (FWC). 2016. Florida’s Imperiled Species Management Plan: 2016-2026. Tallahassee, Florida. Florida Natural Areas Inventory (FNAI). 2019. Biodiversity Tracking List: Collier County. Tallahassee, Florida https://www.fnai.org/trackinglist.cfm United States Fish and Wildlife Service (USFWS). 2020. Florida Active (Wood Stork) Nesting Colonies and Core Foraging Areas 2010-2019. North Florida Ecological Services Office. United States Fish and Wildlife Service (USFWS). 2020. Information for Planning and Conservation (IPaC) Tool. https://ecos.fws.gov/ipac/. United States Fish and Wildlife Service (USFWS). 2017. National Wetlands Inventory website. U.S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. http://www.fws.gov/wetlands. United States Geological Survey (USGS). 2012. US Topo 7.5 Minute Quadrangle Map. USGS National Geospatial Technical Operations Center. https://viewer.nationalmap.gov/basic/#/ 9.A.3.c Packet Pg. 469 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Listed Species Report 0BCounty Barn Road 1BMay 21, 2021, Draft Cardno A-5-1 Final_County Barn Road_Listed Species Report_20210521.docx 0BCounty Barn Road APPENDIX A PROJECT FIGURES 9.A.3.c Packet Pg. 470 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Project Location -81.728 26.1254 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 Fax (+1) 813-664-0440 www.cardno.com Figure 1 - Location Map Toll Brothers - County Barn Road Project Collier County, Florida This m ap and all data contained within are supplied asis w ith no warranty. Cardno, Inc. ex pressly disclaim sresponsibility for dam ages or liability from any claim sthat m ay arise out of the use or m isuse of this m ap. It isthe sole responsibility of the user to determ ine if thedata on this m ap m eets the user’s needs. This m ap wasnot created as survey data, nor should it be used assuch. It is the user’s responsibility to obtain propersurvey data, prepared by a licensed surveyor, whererequired by law.r Im age:ESRI Sec 08Twp 50 S Rng 26 E File Path: Q:\U nitedStates\Florida\Tam pa\Toll Brothers\CountyBarnRd\w orking\arcm ap\Location_Map_A_1_20210520.m x dDate Revised: 5/20/2021GIS Analyst: Jam es.Bottiger Date Created: 5/20/2021 Legend Project Boundary - 9.96 ac. ± 0 1 2 Miles 0 1,600 3,200 Meters 9.A.3.c Packet Pg. 471 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Project Location -81.728 26.1254 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 Fax (+1) 813-664-0440 www.cardno.com Figure 2 - USGS Quadrangle Map Toll Brothers - County Barn Road Project Collier County, Florida This m ap and all data contained within are supplied asis w ith no warranty. Cardno, Inc. ex pressly disclaim sresponsibility for dam ages or liability from any claim sthat m ay arise out of the use or m isuse of this m ap. It isthe sole responsibility of the user to determ ine if thedata on this m ap m eets the user’s needs. This m ap wasnot created as survey data, nor should it be used assuch. It is the user’s responsibility to obtain propersurvey data, prepared by a licensed surveyor, whererequired by law.r Im age:ESRI Sec 08Twp 50 S Rng 26 E Data Source: File Path: Q:\U nitedStates\Florida\Tam pa\Toll Brothers\CountyBarnRd\w orking\arcm ap\U SGS_Quadrangle_Map_A_1_20210520.m x dDate Revised: 5/20/2021GIS Analyst: Jam es.Bottiger Date Created: 5/20/2021 Legend Project Boundary - 9.96 ac. ± 0 2,000 4,000 Feet 0 600 1,200 Meters 9.A.3.c Packet Pg. 472 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 Fax (+1) 813-664-0440 www.cardno.com Figure 3 - Species Observations Map Toll Brothers - County Barn Road Project Collier County, Florida T his m ap and all data contained w ithin are supplied asis w ith no w arranty. Cardno, Inc. e xpre ssly disclaim sre sponsibility for dam age s or liability from any claim sthat m ay arise out of the use or m isuse of this m ap. It isthe sole re sponsibility of the use r to de te rm ine if thedata on this m ap m e ets the use r’s ne eds. T his m ap w asnot create d as surve y data, nor should it be used assuch. It is the use r’s re sponsibility to obtain prope rsurve y data, pre pare d by a license d surve yor, w he rere quire d by law .r Im age :2020 Se c 08T w p 50 S Rng 26 E File Path: Q:\Unite dState s\Florida\T am pa\T oll Brothers\CountyBarnRd\w ork ing\arcm ap\Specie s_Obse rvations_Map_A_1_20210520.m xdDate Re vised: 5/20/2021GIS Analyst: Jam es.Bottige r Date Cre ate d: 5/20/2021 Legend Proje ct Boundary - 9.96 ac. ± !.Snag tre e (1) !.Squirre l Ne st (1) 0 200 400 Feet 0 60 120 Meters 9.A.3.c Packet Pg. 473 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 Fax (+1) 813-664-0440 www.cardno.com Figure 4 - Species Consultation Map Toll Brothers - County Barn Road Project Collier County, Florida This m ap an d all data con tain ed within are supplied asis w ith n o warran ty . Cardn o, In c. expressly disclaim srespon sibility for dam ages or liability from an y claim sthat m ay arise out of the use or m isuse of this m ap. It isthe sole respon sibility of the user to determ in e if thedata on this m ap m eets the user’s n eeds. This m ap wasn ot created as survey data, n or should it be used assuch. It is the user’s respon sibility to obtain propersurvey data, prepared by a licen sed survey or, whererequired by law.r Im age:2020 Sec 08Twp 50 S Rn g 26 E Data Source: File Path: Q:\Un itedStates\Florida\Tam pa\Toll Brothers\Coun ty Barn Rd\w ork in g\arcm ap\Species_Con sultation _Map_A_1_20210520.m xdDate Revised: 5/20/2021GIS An aly st: Jam es.Bottiger Date Created: 5/20/2021 Legend Project Boun dary - 9.96 ac. ± Pan ther Con sultation Area Florida Black Bear Con sultation Area Red Cock aded Woodpeck er Occuren ce Area 0 5 10 Miles 0 8,000 16,000 Meters 9.A.3.c Packet Pg. 474 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b [b CO903 CO902 CO901 CO040 CO027 CO995 CO993 CO982 CO023 CO974 CO054 CO051 CO046 CO037 CO035 CO028 CO024 CO015 CO014 CO010 CO009 CO003 CO056 CO981 CO053 CO052 CO050 CO027a CO023a 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 Fax (+1) 813-664-0440 www.cardno.com Figure 5 - Bald Eagle Nest Location Map Toll Brothers - County Barn Road Project Collier County, Florida This m ap an d all data con tain ed within are supplied asis w ith n o warran ty . Cardn o, In c. expressly disclaim srespon sibility for dam ages or liability from an y claim sthat m ay arise out of the use or m isuse of this m ap. It isthe sole respon sibility of the user to determ in e if thedata on this m ap m eets the user’s n eeds. This m ap wasn ot created as survey data, n or should it be used assuch. It is the user’s respon sibility to obtain propersurvey data, prepared by a licen sed survey or, whererequired by law.r Im age:2018 Sec 08Twp 50 S Rn g 26 E File Path: Q:\Un itedStates\Florida\Tam pa\Toll Brothers\Coun ty Barn Rd\w ork in g\arcm ap\Eagles_Map_A_1_20210520.m xdDate Revised: 5/20/2021GIS An aly st: Jam es.Bottiger Date Created: 5/20/2021 Legend Project Boun dary - 9.96 ac. ± 5Mile Project Buffer [b Eagle Nest Location s 0 2 4 Miles 0 3,200 6,400 Meters 9.A.3.c Packet Pg. 475 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews [® [® [® [® [® [®[®[® [®[® [® [® [® [® [®[® [® [® [®[® [® [® [® [® [®[® [® [® [® [® [® [® [®[® [® [®[® 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 Fax (+1) 813-664-0440 www.cardno.com Figure 6- Water Bird Location Map Toll Brothers - County Barn Road Project Collier County, Florida This m ap and all data contained w ithin are supplied asis w ith no w arranty. Cardno, Inc. e xpre ssly disclaim sre sponsibility for dam age s or liability from any claim sthat m ay arise out of the use or m isuse of this m ap. It isthe sole re sponsibility of the use r to de te rm ine if thedata on this m ap m e ets the use r’s ne eds. This m ap w asnot create d as surve y data, nor should it be used assuch. It is the use r’s re sponsibility to obtain prope rsurve y data, pre pare d by a license d surve yor, w he rere quire d by law .r Im age :2020 Se c 08Tw p 50 S Rng 26 E Data Source : File Path: Q:\U nite dState s\Florida\Tam pa\Toll Brothers\CountyBarnRd\w ork ing\arcm ap\Wate r_Bird_Location_Map_A_1_20210520.m xdDate Re vised: 5/20/2021GIS Analyst: Jam es.Bottige r Date Cre ate d: 5/20/2021 Legend Proje ct Boundary - 9.96 ac. ± 15 Mile Buffe r [®Wading Bird Rook e rie s (FWC 1999) 0 6 12 Miles 0 9,650 19,300 Meters 9.A.3.c Packet Pg. 476 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews [® [® [® [® [® 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 Fax (+1) 813-664-0440 www.cardno.com Figure 7 - Wood Stork Core Foraging Area Map Toll Brothers - County Barn Road ProjectCollier County, Florida This m ap and all data contained within are supplied asis w ith no warranty. Cardno, Inc. ex pressly disclaim sresponsibility for dam ag es or liability from any claim sthat m ay arise out of the use or m isuse of this m ap. It isthe sole responsibility of the user to determ ine if thedata on this m ap m eets the user’s needs. This m ap wasnot created as survey data, nor should it be used assuch. It is the user’s responsibility to obtain propersurvey data, prepared by a licensed surveyor, whererequired by law.r Im ag e:2020 Sec 08Twp 50 S Rng 26 E Data Source: File Path: Q:\UnitedStates\Florida\Tam pa\Toll Brothers\CountyBarnRd\w orking \arcm ap\W ood_Stork_Core_Forag ing_Area_Map_A_1_20210520.m x dDate Revised: 5/20/2021GIS Analyst: Jam es.Bottig er Date Created: 5/20/2021 Legend Project Boundary - 9.96 ac. ± W ood Stork Core Forag ing Areas [®W ood Stork Colonies (FW S 2010 - 2019) 0 8 16 Miles 0 13,000 26,000 Meters 9.A.3.c Packet Pg. 477 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Insert Report Title Insert Project Name 1BMay 21, 2021, Draft Cardno References 5-3 Final_County Barn Road_Listed Species Report_20210521.docx About Cardno Cardno is an ASX-200 professional infrastructure and environmental services company, with expertise in the development and improvement of physical and social infrastructure for communities around the world. Cardno’s team includes leading professionals who plan, design, manage, and deliver sustainable projects and community programs. Cardno is an international company listed on the Australian Securities Exchange [ASX:CDD]. Cardno Zero Harm At Cardno, our primary concern is to develop and maintain safe and healthy conditions for anyone involved at our project worksites. We require full compliance with our Health and Safety Policy Manual and established work procedures and expect the same protocol from our subcontractors. We are committed to achieving our Zero Harm goal by continually improving our safety systems, education, and vigilance at the workplace and in the field. Safety is a Cardno core value and through strong leadership and active employee participation, we seek to implement and reinforce these leading actions on every job, every day. www.cardno.com 9.A.3.c Packet Pg. 478 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 479 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 480 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 481 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 482 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 483 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 484 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 485 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 486 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 487 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 488 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 489 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 490 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 491 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 492 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 493 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 494 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 495 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.cPacket Pg. 496Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 9.A.3.c Packet Pg. 497 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.cPacket Pg. 498Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 9.A.3.cPacket Pg. 499Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 9.A.3.c Packet Pg. 500 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 501 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.cPacket Pg. 502Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 9.A.3.cPacket Pg. 503Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 9.A.3.c Packet Pg. 504 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 505 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 506 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 507 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 508 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Worksheet is required to be completed by the Applicant only if the project is to be phased: Unit Type Yr1 Yr2 Yr3 Yr4 Yr5 Yr6 Yr7 Yr8 Yr9 Yr10 Yr 11-20 20+ Years SF MF MH C G Totals by Yr Grand Total Grand Total Insert totals by unit type by years. Unit Types: SF = Single Family MF = Multi-Family/Apartments MH = Mobile Homes C = Condo/Co-Op G = Government EXAMPLE: Unit Type Yr1 Yr2 Yr3 Yr4 Yr5 Yr6 Yr7 Yr8 Yr9 Yr10 Yr 11-20 20+ Years SF 25 25 25 25 -- -- -- -- -- -- -- -- MF 50 0 0 0 -- -- -- -- -- -- -- -- MH N/A C N/A G N/A Totals by Yr 75 25 25 25 -- -- -- -- -- -- -- -- Grand Total 150 . 2 9.A.3.c Packet Pg. 509 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Types of Reviews: School Impact Analysis: This review should be divided into two categories: - School Capacity Review (land use and rezonings), and; - Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a review of the impact of the development on school capacity and is considered long range planning. This may be a review resulting in mitigation being required. In situations where the applicant may be required to mitigate, capacity may be reserved dependent on the type of mitigation. Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact, a letter of no impact will be prepared for the applicant upon request. Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or residential site plans or plats or amendments to site plans or plats that generate less than one student; or are authorized as a Development of Regional Impact (Chapter 380, F.S.) as of July 1, 2005. Concurrency Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. An amendment could result in a negotiation period and/or a mitigation agreement being issued or a previously approved determination being modified and reissued. 3 9.A.3.c Packet Pg. 510 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 1 of 12 Crews Road RPUD November 3. 2021 PL20210000101 EXHIBIT A LIST OF PERMITTED USES CREWS ROAD RPUD A Residential Planned Unit Development PERMITTED USES: Regulations for development of this Crews Road RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of the SDP or plat. There will be a maximum of 60 dwelling units permitted. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. RESIDENTIAL: TRACT R A. Principal Uses: 1. Dwelling Units: • Multi family • Townhomes Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Customary accessory uses associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools, spas, screen enclosures and utility buildings and infrastructure. 2. Walls and berms. 3. Gatehouses, and access control structures. 4. Recreational uses and facilities including swimming pools for residents and their guests. 9.A.3.c Packet Pg. 511 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 2 of 12 Crews Road RPUD November 3. 2021 PL20210000101 5. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 7. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. AMENTIY AREA: TRACT AA A. Principal Uses: 1. Clubhouses with cafes, snack bars and similar uses intended to serve residents and guests. 2. Community administrative and recreation facilities. Outdoor recreation facilities, such as a community swimming pool, tennis/pickle ball courts and basketball courts, parks, dog parks, playgrounds, pedestrian/bikeways, and passive and/or active water features (private, intended for use by the residents and their guests only). 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters to serve residents and their guests. 4. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private, intended for use by the residents and their guests only). B. Accessory Uses: 1. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 2. Walls and berms. 3. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD. 9.A.3.c Packet Pg. 512 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 3 of 12 Crews Road RPUD November 3. 2021 PL20210000101 PRESERVE: TRACT P A. Principal Uses: 1.Preserve. B. Accessory Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting. 3. Passive Recreation areas, per LDC requirements. 4. Water management as allowed by the LDC. 9.A.3.c Packet Pg. 513 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 4 of 12 Crews Road RPUD November 3. 2021 PL20210000101 EXHIBIT B DEVELOPMENT STANDARDS CREWS ROAD RPUD A Residential Planned Unit Development Table 1 below sets forth the development standards for the land uses within the County RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan (SDP), Site Development Plan Amendment (SDPA) or Plat. TABLE 1 RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS TOWNHOUSE (3) MULTI- FAMILY (3) AMENITY AREA PRINCIPAL STRUCTURES MINIMUM LOT AREA 1,800 SF PER UNIT 1 ACRE 10,000 SF MINIMUM LOT WIDTH 20 Ft 100 Ft 100 Ft MINIMUM FLOOR AREA 1,000 SF 1,000 SF 700 Ft MINIMUM FRONT YARD 23 Ft (1) 23 Ft (1) 23 Ft (1) MINIMUM SIDE YARD 0 OR 5 Ft (2) 10 ft 10 Ft MINIMUM REAR YARD 10 Ft 10 Ft 10 Ft MINIMUM PUD SETBACK 20 Ft 20 Ft 20 Ft MINIMUM PRESERVE SETBACK 25 Ft 25 Ft 25 Ft MINIMUM DISTANCE BETWEEN STRUCTURES 10 Ft 10 Ft 10 Ft MAXIMUM HEIGHT ZONED (not to exceed 2 stories) ACTUAL (not to exceed 2 stories) 30 Ft 40 Ft 30 Ft 40 Ft 30 Ft 40 Ft ACCESSORY STRUCTURES MINIMUM FRONT 20 Ft 20 Ft 20 Ft MINIMUM SIDE 0 Ft 10 Ft 10 Ft MINIMUM REAR 5 Ft 5 Ft 5 Ft MINIMUM PRESERVE SETBACK 10 Ft 10 Ft 10 Ft MINIMUM PUD SETBACK 20 Ft 20 Ft 20 Ft MAXIMUM HEIGHT ZONED (not to exceed 2 stories) ACTUAL (not to exceed 2 stories) 25 Ft 30 Ft 25 Ft 30 Ft 25 Ft 30 Ft 9.A.3.c Packet Pg. 514 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 5 of 12 Crews Road RPUD November 3. 2021 PL20210000101 NOTES: • S.P.S. = Same as Principal Structures • GENERAL: Except as provided herein, all criteria set forth below shall be understood to be in relation to individual parcel or boundary lines, or between structures. If required, landscape buffers and lake maintenance easements shall be platted as separate tracts at time of Plat approval or shown as separate tracts on the SDP. • Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. FOOTNOTES: (1) The 23-foot setback shall apply to any front entry garage and shall be measured from the adjacent sidewalk. All other front yard setbacks shall be as follows: Where side entry garages are provided, the driveway shall be designed in such a manner that a parked vehicle shall not conflict with the sidewalk; however, in no case shall the front setback for the side entry garage be less than 10 feet from the property line or road easement. All other portions of this principal structure except as noted later in this paragraph, whether designed with a front entry or side entry garage, shall be set back a minimum of 20 feet front the front yard property line or road easement, except where a lot is located at the intersection of two streets, in which case the front yard setback set forth herein shall only apply to the street on which the driveway is located, and the side setback shall apply to the other side. The setback for porches, entry features and roofed courtyard elements shall be a minimum of 15 feet; except that it shall be a minimum of 5 feet on corner lots for the yard which does not contain a driveway vehicle access. Any structures, including overhangs, shall not encroach into a PUE or CUE. (2) 5-foot minimum setback for townhouses must be accompanied by another 5-foot side setback on adjoining lot to achieve minimum 10-foot separation. (3) All landscape buffer easements and/or lake maintenance easements shall be located within open space or lake tracts, and not within a residential lot. 9.A.3.c Packet Pg. 515 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 6 of 12 Crews Road RPUD November 3. 2021 PL20210000101 EXHIBIT C 9.A.3.cPacket Pg. 516Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Page 7 of 12 Crews Road RPUD November 3. 2021 PL20210000101 9.A.3.cPacket Pg. 517Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Page 8 of 12 Crews Road RPUD November 3. 2021 PL20210000101 EXHIBIT D LEGAL DESCRIPTION CREWS ROAD RPUD A Residential Planned Unit Development THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WESTERLY 50 FEET FOR ROAD RIGHT OF WAY, ALSO KNOWN AS ISLAND PINE PUD. IT CONTAINS 433,870 SQARE FEET OR 9.96 ACRES, MORE OR LESS. 9.A.3.c Packet Pg. 518 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 9 of 12 Crews Road RPUD November 3. 2021 PL20210000101 EXHIBIT E LIST OF DEVIATIONS CREWS ROAD RPUD A Residential Planned Unit Development Deviation #1 seeks relief from LDC, Section 6.06.01.N, which requires minimum local street right-of-way width of 60 feet, to allow a 55’ right-of-way. Deviation #2 seeks relief from LDC Section 4.05.01.A, which requires every building and use to provide off-street parking, to allow limited on-street parking associated with the recreation area, and overflow/guest parking abutting tract AA on the master plan, and as depicted on the attached On-Street Parking Exhibit for tract AA (See Exhibit G) if the RPUD is a platted subdivision. No on-street parking is allowed in the Crews Road Easement. Deviation #3 seeks relief from LDC Section 6.06.02.A.2, which requires 5-foot sidewalks within public and private rights-of-ways or easements, which are internal to the site to be on both sides of local/internal accessways (streets), to allow no sidewalk to be constructed along the west side of the internal north/south road (hammerhead). 9.A.3.c Packet Pg. 519 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 10 of 12 Crews Road RPUD November 3. 2021 PL20210000101 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS CREWS ROAD RPUD A Residential Planned Unit Development The purpose of this Section is to set forth the development commitments for the development of this project. GENERAL: A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Toll Southeast LP Company, Inc.. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner’s agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. In order to exceed 4.0 dwelling units per acre, the developer will have to obtain TDRs per the Growth Management Plan’s Density Rating System. To allow the maximum density of 60 dwelling units, 7 TDRs will be needed. MISCELLANEOUS: A. 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.” (Section 125.022, FS) B. All other applicable state or federal permits must be obtained before commencement of the development. TRANSPORTATION: The maximum total daily trip generation for the PUD shall not exceed 46 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. LANDSCAPING: Preserves may be used to satisfy the landscape buffer requirement after exotic removal in accordance with LDC Section 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07. A minimum 6-foot-wide landscape buffer easement located outside of the preserve will be conveyed to the homeowner’s association or condominium association at time of SDP or Plat approval. In the event that the preserve does not meet the buffer requirement after removal of exotics and addition of supplemental plantings in accordance with 3.05.07, landscape material will be 9.A.3.c Packet Pg. 520 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 11 of 12 Crews Road RPUD November 3. 2021 PL20210000101 provided by owner in the 6’-wide landscape buffer easement outside of the preserve to meet the size and spacing standards of a Type ‘B’ Buffer. Size and number of such plantings will be determined at time of SDP or Plat. ENVIRONMENTAL: A. The project has 9.08+/- acres of existing native vegetation (not inclusive of the Crews Road Easement). A minimum of 15 percent of the existing calculated native vegetation on-site shall be retained. The minimum required native vegetation for the RPUD is 1.36+/- acres. B. A management plan for the Florida Black Bear shall be submitted for review and approval at the time of plat or SDP for the project, whichever is applicable. C. The 1.62 acre portion of the preserve that will serve as floodplain compensation will be restored per LDC Section 3.05.07.H. D. The preserve will be used to satisfy environmental permitting associated with floodplain compensation. Any portion of the preserve area impacted to address floodplain compensation will be created and restored as allowed by either the LDC, County Ordinances, or adopted preserve management plan. PUBLIC UTILITIES: In accordance with Subsection 2.2.2 of the Design Criteria (Section 1 of the Utilities Standards Manual), the developer will extend a water main through the PUD and provide a stub-out at the northeastern corner of the PUD for future development along Crews Road and for future looping of the water distribution system. The water main will be a minimum size of 8 inches and will be located in County Utility Easement dedicated to the Collier County Water-Sewer District (District) by the owner. The CUE will be shown on any final subdivision plat and will be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance (04-31, as amended) at no cost to the County or District, free and clear of all liens and encumbrances, prior to or concurrent with final acceptance of utilities. The developer will provide an in-line gate valve immediately downstream of the last water service connection to allow for isolation of the water main stub-out and eliminating the need for an automatic flushing device at the dead end. 9.A.3.c Packet Pg. 521 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) TITLE: CLIENT: PROJECT FILE NUMBER:NUMBER: October 5, 2021 1:03 PM K:\2017\170122.01.01 Crews Road - PUD, ERP, PPL, SIP, & SDP\0009 Civil Engineering Design, Construction Plans And Technical Specifications\Exhibits\On Street Parking Exhibit G.dwg TOLL BROTHERS INC (RECREATION AREA AND OVERFLOW PARKING) 170122.01.01 ON STREET PARKING EXHIBIT G CREWS ROAD RPUD ON STREET PARKING DEVIATION FOR TRACT AA Feet 0 5 10 12800 University Drive, Suite 175 / Fort Myers, Florida 33907 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 / LB695218' (TYP.)24'9' (TYP.)5'12' 2' VALLEY GUTTER TYPE 'D' CURB CONCRETE WHEEL STOP (TYP.) 5' CONCRETE SIDEWALK 10' PUE55' ROWEOP 12" RIBBON CURB SETBACKVARIESNOTE: DESIGN CONCEPTUAL IN NATURE, ONLY VALID WHEN UTILIZING THE SINGLE PLATTED SUBDIVISION OPTION TOWNHOMES 9.A.3.c Packet Pg. 522 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Crews Road RPUD September 3, 2021 PL20210000101 LIST OF DEVIATIONS WITH JUSTIFICATIONS Crews ROAD RPUD A Residential Planned Unit Development Deviation #1 seeks relief from LDC, Section 6.06.01.N, which requires minimum local street right-of-way width of 60 feet, to allow a 55’ right-of-way width. Minimum right-of-way width of 55 feet is requested for the local street within the Crews Road RPUD. This deviation is justified because this will be a small infill residential gated community with controlled access, low traffic volumes and a low posted speed limit. A 55-foot right-of-way for a residential street can successfully facilitate movement of vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. In addition, a 10’ PUE will be provided on each side of the right-of-way to accommodate “dry utilities” (with exception to the western portion of the hammer head). The 55’ ROW will be adequate to provide for on-street parking and code-compliant vehicular travel lanes. This request results in a more compact roadway cross-section, which accomplishes traffic calming to provide a safer transportation system within the community and reduces the impervious surface impacts to the water management system. Please see On Street Parking Exhibit. Water and sewer will be provided within the 55’ right-of-way. This deviation is commonly approved and has been effectively implemented in numerous residential PUDs throughout the County and County and does not negatively impact the public’s health, safety, or welfare. Deviation #2 seeks relief from LDC Section 4.05.01.A, which requires every building and use to provide off-street parking, to allow limited on-street parking associated with the small-scale recreation area, and overflow/guest parking. Due to the compact nature of this community, allowing the amenity center and overflow parking to be located partially within the right of way (see Master Plan), will provide design flexibility, and allow more space to be allocated for landscaping and amenities. These “on-street” parking spaces will not have a negative effect on vehicular or pedestrian movements, and conversely, will have a traffic calming effect by reducing vehicular speeds in those areas. Deviation #3 seeks relief from LDC Section 6.06.02.A.2, which requires 5-foot sidewalks within public and private rights-of-ways or easements, which are internal to the site to be on both sides of local/internal accessways (streets), to allow no sidewalk to be constructed along the west side of the internal north/south road (hammerhead). This deviation will not adversely impact pedestrian mobility for the project and will reduce impervious areas for improved water quality, storm water attenuation, and minimizes impacts to adjacent preserve areas. Additionally, a sidewalk in this location will not be of use to the residents as there are no residential units fronting this portion of the road. 9.A.3.c Packet Pg. 523 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) EX. 30' CREWS ROAD EASEMENT (0.89 AC)(CRE) O.R. 1560, P.G. 165115' TYPE'B' BUFFER15' TYPE'D' BUFFER10' TYPE 'D' BUFFERRR/WPROPERTYBOUNDARYCOUNTY BARN ROAD PROPERTYBOUNDARYCURRENT USE: PUBLIC USE/ESSENTIALSERVICESZONING DISTRICT: PUBLIC USE (P)CURRENT USE: SINGLE FAMILY RESIDENTIALZONING DISTRICT: ESTATES (E)CURRENT USE: VACANTZONING DISTRICT: ESTATES (E)AALCURRENT USE: VACANT ZONING DISTRICT: ESTATES (E)RRACCESS GATE(APROXIMATE LOCATION)(AS ALLOWED BY LDC ANDCOUNTY ORDINANCES)CRE6' WIDE LANDSCAPEBUFFER RESERVATION(SEE NOTE 3)P(SEE NOTE 4)6' WIDE LANDSCAPEBUFFER RESERVATION(SEE NOTE 3)RGE:TWP:SEC:DATE:TITLE: CLIENT: PROJECT:OFPROJECT NO.:SHEET NUMBER:DESIGNED:DRAWN:DATEREVISION#DRAWN 0July 29, 2021 10:02 AM K:\2017\170122.01.01 County Barn - PUD, ERP, PPL, SIP, & SDP\0002 PUD Rezone Application Preparation\Submittal #1 Working Docs\Master Concept Plan\1701220101X MCP.dwgCREWS ROAD RPUD TOLL SOUTHEAST LP COMPANY, INC. 12170122.01.01APRIL, 202185026PVHD2550100EXHIBIT - MASTER PLANLEGENDAA -AMENITY AREAL-LAKE /WATER MANAGEMENTP-PRESERVER-RESIDENTIALR/W-RIGHT OF WAYCRE-CREWS ROAD EASEMENT#-PROPERTY BOUNDARY-PROJECT INGRESS/EGRESS-R/W-DEVIATION LOCATIONS216610 Willow Park Drive, Suite 200 / Naples, Florida 34109 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 / LB6952 9.A.3.cPacket Pg. 524Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) TITLE: CLIENT: PROJECT FILE NUMBER:NUMBER: April 9, 2021 9:04 AM K:\2020\200061.00.03 Sun Broadcasting PUD, ERP, PPL, SIP & SDP\0002 PUD Rezone Application Prep\Exhibits\Location Map.dwg TOLL SOUTHEAST LP COMPANY, INC RPUD LOCATION & PUBLIC FACILITIES MAP 200061.00.03 200061.00.03 12800 University Drive, Suite 175 / Fort Myers, Florida 33907 (239) 597-0575 FAX: (239) 597-0578 www.consult-rwa.com Florida Certificates of Authorization EB 7663 / LB6952 9.A.3.c Packet Pg. 525 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 526 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) ND-GCI0718870-01 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information Meeting held by RWA Engineering,representing To ll Southeast LP Company,Inc, regarding a rezoning petition on: Tu esday,September 21,2021,at 5:30 pm Shepherd of the Glades Church 6020 Rattlesnake Hammock Road,Naples,FL 34112 The subject property is 9.96±acres and is northeast of the intersection of County Barn Road and Whitaker Road in Section 8,To wnship 50, Range 26,Collier County,Florida. The Petitioner is seeking County approval to rezone the subject property from Estates (E)to Residential Planned Unit Development (RPUD),in order to allow for a future development of up to 60 residential dwelling units with an amenity center. Business and property owners,residents and visitors are welcome to attend the presentation to discuss the project.If you are unable to attend the meeting in-person and would like the opportunity to participate virtually,an on-line meeting will be available.Details related to joining the meeting can be obtained by contacting the individual listed below.Reservations for in-person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved. If you are unable to attend the meeting in-person or participate virtually,and have questions or comments,they can also be directed by mail,phone or e-mail to the individual below: Patrick Va nasse,AICP RWA Engineering 6610 Willow Park Drive,Suite 200 Naples,Florida 34109 Phone:239-597-0575 Email:pvanasse@consult-rwa.com SUBJECT PROPERTY 9.A.3.c Packet Pg. 527 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 1 NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO ADDRESSTYPE 2801 COUNTY BARN ROAD W LLC 396 YUCCA RD NAPLES, FL 34102---0 00406600509 U ARLENE LUELLA GOSHIA TRUST 5724 WOODMERE LAKE CIR #F203 NAPLES, FL 34112---2707 83091800003 U BALATSOS, JEAN 8316 WEST CORAL DRIVE NORRIDGE, IL 60706---0 83092880006 U BARTFAI, CHARLES L & ANNMARIE 14405 COLUMBIANA CANFIELD RD COLUMBIANA, OH 44408---9780 83091280005 U BOMBARD TR, SHRILEY J SHIRLEY J BOMBARD LIV TRUST 539 INDIAN TER ROCKFORD, IL 61103---6816 83090640002 U BUCHOLZ, DONALD C & ESTHER D E19890 THOUSAND ISLAND LAKE RD WATERSMEET, MI 49969---9745 83092440006 U CHAPPELL, APRIL L 5758 WHITAKER RD NAPLES, FL 34112---2960 00427240003 U COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 00403280003 U COLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---0 00402880006 U COLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---0 00406640006 U CRESPO, MARTHA J 5796 WOODMERE LAKE CIR J-104 NAPLES, FL 34112---0 83092960007 U DARLEEN KAY LUCHENBILL TRUST 7483 E M 21 CORUNNA, MI 48817---9530 83092320003 U DAVIES, ABIGAIL MANDY M DAVIES 5766 WOODMERE LAKE CIRCLE #H204 NAPLES, FL 34112---0 83092480008 U DEMETRI, JANET A WILLIAM MARTIN PO BOX 765 NORTH EASTHAM, MA 02651---0 83091600009 U DERENCE, LEA ANN KORN 3433 TORTUGA WAY NAPLES, FL 34105---2771 00427320004 U DIMITROV, IANI & ALBENA 5780 WOODMERE LAKE CIR #I 201 NAPLES, FL 34112---0 83092680002 U DONNA M JONES FAMILY TRUST 5716 WOODMERE LAKE CIR #F104 NAPLES, FL 34112---0 83091680003 U FAITH APOSTOLIC CHURCH INC OF NAPLES FLORIDA 3196 COUNTY BARN RD NAPLES, FL 34112---5438 00406280000 U FALLING WATERS MASTER ASSO INC % CAMBRIDGE MGMT 9001 HIGHLAND WOODS BLVD #2 BONITA SPRINGS, FL 34135---0 00405240009 U FERNANDEZ, TEODORO & NIURKA 354 OVINGTON AVE BROOKLYN, NY 11209---1408 83090120001 U FINELLI, SUZANNE 5802 WOODMERE LAKE CIR #J202 NAPLES, FL 34112---0 83090280006 U FISCHER, AMY 5804 WOODMERE LAKE CIR J203 NAPLES, FL 34112---2746 83093080009 U FISHER, ZACHARY JOSEPH CHRISTINE VI FISHER 5634 WOODMERE CIRCLE B203 NAPLES, FL 34112---0 83090600000 U FLOOD, KIMBERLY J 5680 WOODMERE LAKE CIR D 201 NAPLES, FL 34112---2706 83091160002 U FRESON, RAYMOND D 19355 CYPRESS RIDGE TERR #322 LEESBURG, DC 20176---0 83092600008 U GEORGE, NICK 8313 HOLLY RD GRAND BLANC, MI 48439---2484 83090080002 U GOORLEY, STEPHEN P & CYNTHIA 5754 WOODMERE LAKE CIR #H103 NAPLES, FL 34112---0 83092280004 U GULLEY, DENNIS M & LORI L 5806 WOODMERE LAKE CIR # J-204 NAPLES, FL 34112---2746 83093120008 U GUZMAN, GERARDO & MARIA L 5752 WOODMERE LAKE CIR #H102 NAPLES, FL 34112---0 83092240002 U HABITAT FOR HUMANITY COLLIER COUNTY INC 11145 TAMIAMI TRL E NAPLES, FL 34113---7753 00428200408 U HANBA, VANESSA L 5682 WOODMERE LAKE CIRCLE UNIT D-202 NAPLES, FL 34112---0 83091200001 U HATCH, JAMES D & PATRICIA 9 WYNNGATE CT FREDERICKSBURG, VA 22405---0 83090920007 U HATTEM, DUANE M PATRICIA K JULIEN 1731 SANDERLING CT NE GRAND RAPIDS, MI 49505---0 83091320004 U HOADLEY JR, JOHN R & LINDA L 5600 WOODMERE LAKE CIR #A-101 NAPLES, FL 34112---0 83090240004 U HOADLEY JR, JOHN R & LINDA L 5600 WOODMERE LAKE CIR A-101 NAPLES, FL 34112---0 83090040000 U HOADLEY, LOIS R DANIEL L FLYNN 52 HOOPER ST CHELSEA, MA 02150---3120 83090200002 U ISLAMIC CENTER OF NAPLES INC 2801 COUTNY BARN ROAD NAPLES, FL 34112---0 00403240001 U IVANOV, CHRIS 5652 WOODMERE LAKE CIR #C 202 NAPLES, FL 34112---0 83090880008 U JESELLA, JAMES J 2828 COUNTY BARN RD NAPLES, FL 34112---5436 21962000101 U JOHN CUBBA & CANDICE J CUBBA REVOCABLE LIVING TRUST 26760 LYNDON REDFORD, MI 48239---0 83091080001 U KELLEHER, JOHN F & CHRISTINE A 133 FEDERAL ST WEYMOUTH, MA 02188---2812 83091760004 U KORPAL, STEVEN M & KAREN L 5702 WOODMERE LAKE CIR #E202 NAPLES, FL 34113---0 83091480009 U L AND M JOSEPH REV LIV TRUST 2082 SAGEBRUSH CIRCLE NAPLES, FL 34120---0 00403480007 U L E & J M BRADSHAW REV TRUST 5536 HOLMES DRIVE NW CANTON, OH 44718---0 83091920006 U LABARBARA, DONNA LEE 5644 WOODMERE LAKE CIR #103 NAPLES, FL 34112---0 83090760005 U LAFOLLETTE, PATRICIA 5794 WOODMERE LAKE CIR APT 103 NAPLES, FL 34112---2745 83092920005 U LARRAGA, YOLANDA GISELLE GARZA 5704 WOODMERE LAKE CIR # E-203 NAPLES, FL 34112---0 83091520008 U LEICK, THOMAS G JAMIE A NARA 5710 WOODMERE LAKE CIR NAPLES, FL 34112---0 83091560000 U LEIGH, FRANK J & JUDY D 197 CANDLEWICK DR DOVER, DE 19901---5708 83090400006 U LEMPESIS, VASILIKI & DIMITRIOS 435 SADDLEBROOK NAPLES, FL 34110---0 83092040008 U LEWIS REVOCABLE TRUST 875 9TH AVE S #301 NAPLES, FL 34102---0 00427640001 U LUO, TED ZHI H 5401 MAHOGANY RIDGE DR NAPLES, FL 34119---2535 00405320000 U MANGAN, GARY L & PAULA S 5714 WOODMERE LAKE CIR # 103 NAPLES, FL 34112---2707 83091640001 U MARY A ARMBRUSTER REV TRUST 1257 SOLANA RD NAPLES, FL 34103---0 00403920004 U MAYFLOWER CONGREGATIONAL UNITED CHURCH OF CHRIST INC 2900 COUNTY BARN ROAD NAPLES, FL 34112---0 00402680002 U MCKELVEY JR, THOMAS F CHRISTINE A MCKELVEY 14130 WINCHESTER #1501 NAPLES, FL 34114---0 83092160001 U Petition: PL20210000101 | Buffer: 500' | Date: 8/13/2021 | Site Location: 00403920004 Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA. Copy of POList_500_PL20210000101 9.A.3.c Packet Pg. 528 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 2 MCLEAN, ALANAH LOPEZ 5620 WOODMERE LAKE CIR #B-101 NAPLES, FL 34112---0 83090360007 U MILLER, ELAINE A 5676 WOODMERE LAKE CIR #D104 NAPLES, FL 34112---0 83091120000 U MOLD, NINA R STEPHANIE R MOLD 5700 WOODMERE LAKE CIRCLE UNIT E-201 NAPLES, FL 34112---0 83091440007 U MONDOR, CHARLES CLARK 5802 WOODMERE LAKE CIR #J202 NAPLES, FL 34112---0 83093040007 U NELSON, DANIEL JOHN 5670 WOODMERE LAKE CIR # D101 NAPLES, FL 34112---0 83091000007 U OBRIEN, RICHARD J 5742 WOODMERE LAKE CIR # G 202 NAPLES, FL 34112---2744 83092080000 U PETRELLA, JOSEPH G & GLORIA 300 CATALPA WOODALE, IL 60191---0 83091880007 U PRECOURT, PETER P & LENORA A 5630 WOODMERE LAKE CIR #201B NAPLES, FL 34112---0 83090520009 U PUNT, CHRISTOPHER S 5672 WOODMERE LAKE CIR #D102 NAPLES, FL 34112---0 83091040009 U RAE, NANCY JEANNE 5632 WOODMERE LAKE CIRCLE NAPLES, FL 34112---0 83090560001 U RANDALL, GRANTLAN CLYDE CYNTHIA RANDALL 5588 WENDY LANE NAPLES, FL 34112---0 00406480004 U RESCH, RADOLPH M AUDREY F SANDERS PO BOX 12006 NAPLES, FL 34101---2006 83092200000 U RESCH, RANDOLPH M AUDREY F SANDERS PO BOX 12006 NAPLES, FL 34101---0 83092400004 U RESCH, RANDOLPH M AUDREY F SANDERS PO BOX 12006 NAPLES, FL 34101---0 83092840004 U RESCH, RANDOLPH M AUDREY F SANDERS PO BOX 12006 NAPLES, FL 34101---0 83091400005 U RICE, CHRISTINE 5786 WOODMERE LK CIR I-204 NAPLES, FL 34112---0 83092800002 U ROBERT J THURNBECK LIV TRUST 5115 LEWISIA POINT COLORADO SPRINGS, CO 80917---0 83090680004 U RODNEY P & MARILYN E BARKIMO REVOCABLE TRUST 4815 SHINNECOCK CT #101 NAPLES, FL 34112---7990 83093000005 U ROWE, DIANE P 5606 WOODMERE LAKE CIRCLE UNIT A104 NAPLES, FL 34112---0 83090160003 U SCHIEBREL, MARK & SHARON 5692 WOODMERE LAKE CIR #E-102 NAPLES, FL 34112---0 83091360006 U SCHLICHTER, JOHN F & MARIA D 5624 WOODMERE LAKE CIR B-103 NAPLES, FL 34112---2702 83090440008 U SHERWIN, RICHARD P & MARGARET PAPA JR, ANTHONY J 21 CRIMSON CIR TROY, NY 12180---0 83091720002 U SHIRLEY BOMBARD LIVING TRUST 539 INDIAN TER ROCKFORD, IL 61103---6816 83092760003 U STEVEN G & AMY I GERTZ R TRUST 13948 WOODENS LANE REISTERTOWN, MD 21136---0 83092120009 U SUNDAY, RICHARD M LA VAUGHN M SUNDAY 5616 WOODMERE LAKE CIR 204 1184 CLAYTON RD WILLIAMSTOWN, NJ 08094---3551 83090320005 U SWEENEY, JAMES F SEAN P=& KYRA R SWEENEY 5642 WOODMERE LAKE CIR #C102 NAPLES, FL 34112---0 83090720003 U VALENTINO, ALBERT C KATHLEEN M VALENTINO 127 S GROVE STREET SICKLERVILLE, NJ 08081---0 83092560009 U VAN HOUTEN, BRADLEY 5760 WOODMERE LAKE CIRCLE #H201 NAPLES, FL 34112---0 83092360005 U VICENTE, DAVID 5646 WOODMERE LAKE CIR #C104 NAPLES, FL 34112---0 83090800004 U WELCH TR, JACQUELINE R UTD 12/9/98 J R WELCH TRUST 729 TOMLIN DR BURR RIDGE, IL 60527---0 83091240003 U WIGNER, CHARLES R 5650 WOODMERE LAKE CIR C-201 NAPLES, FL 34112---2706 83090840006 U WILCOX, LAWRENCE E & MILDRED G PO BOX 1291 ORLEANS, MA 02653---1291 83091960008 U WILLIAM L JONES QPR TRUST 3000 COUNTY BARN RD NAPLES, FL 34112---5438 00404200008 U WLADYKA, KATHLEEN E 5770 WOODMERE LAKE CIR # I-101 NAPLES, FL 34112---2745 83092520007 U WOODMERE LAKE CIR RLTY TRUST 174 CASTLE ROAD NAHANT, MA 01908---1138 83090480000 U ZELENSKY, JAMES R 2090 GLENCOE ST DENVER, CO 80207---0 83092640000 U REFERENCE ONLY WOODMERE LAKE CLUB CONDO 00426560001 N MELBY TR, SIGRUN O MELBY LAND TRUST NO 2008-1 KORNBLOMSTVEGEN 1B 4100 JOERPELAND NORWAY 83092720001 F NADEAU, RICHARD & JEAN 75 CLOVER RIDGE DR E AJAX L1S 1G8 CANADA 83091840005 F RUFFO, GINO JO ANNE BLANCHET 530 MEADOWVALE ROAD WEST HILL M1C 1S8 CANADA 83092000006 F STEPINA, NATALIA 44-84 UDALTSOVA STR MOSCOW 119607 RUSSIA 83090960009 F Copy of POList_500_PL20210000101 9.A.3.c Packet Pg. 529 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews 9.A.3.cPacket Pg. 530Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 1 of 3 K:\2017\170122.01.01 Crews Road - PUD, ERP, PPL, SIP, & SDP\0004 Neighborhood Information Meeting (NIM)\NIM Materials to Planner\Crews Road RPUD - NIM Summary Final.docx DATE: September 22, 2021 TO: Timothy Finn, AICP, Principal Planner Collier County – Growth Management Department: Zoning Division FROM: Patrick Vanasse, AICP Director of Community Development RWA Engineering PROJECT NAME: Crews RPUD – (PL#: 20210000101) SUBJECT: Neighborhood Information Meeting – Summary A Neighborhood Information Meeting (NIM) was held on September 21, at 5:30pm at the Shepherd of the Glades Church, 6020 Rattlesnake Hammock Road Naples, FL 34112. Attendees are as follows: • Patrick Vanasse, AICP, Director Community Development – RWA Engineering • Blake Finnegan, Associate Planner – RWA Engineering • Joel Blikstad, P.E., Senior Professional Engineer – RWA Engineering • Timothy Finn, AICP, Principal Planner – Collier County • Richard D. Yovanovich, Esq. – CYK • Please refer to the attached Sign-In Sheet and NIM ZOOM Reservation Tracker Sheet for all other attendees. Intro Summary (Started at 5:30 p.m.): Mr. Vanasse began the meeting introducing himself and the attendees in the room. Mr. Vanasse proceeded to outline the meeting, which would include a brief presentation and following the presentation we would have time for questions and answers. MEMORANDUM 9.A.3.c Packet Pg. 531 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 2 of 3 The presentation included a description of the subject property location and details of the property. Mr. Vanasse went on to further detail the existing conditions relevant to this request currently under review by Collier County and outlining the details of the existing vacant property to be developed. From there, Mr. Vanasse spoke to the current zoning and future land use. He mentioned it is an infill parcel and the conditions that defined the criterion for an infill parcel designation. He then went into the details of the request stating the intent to rezone from Estates to Residential Planned Unit Development (RPUD) to allow for a maximum of 60 dwelling units and the residential uses proposed under the list of permitted uses. Following the request, Mr. Vanasse outlined the Master Plan under review detailing the development tracts Residential Tract, Amenity Area Tract, Floodplain Compensation Tract, and the Preserve Tract. Mr. Vanasse then reviewed the requested deviations and explained the intent, followed by the process/timeline for the applications being submitted in conjunction with the zoning request. Then Mr. Vanasse concluded the presentation and then opened the floor for questions/comments/input from those in attendance. Questions/Comments asked or offered at the meeting: Q/C: On the site plan – the far back section, is that going to be preserve? Will you be elevating your land there? A: Yes, that is preserve and water management. Yes, we will elevate the land as required and bring in some fill or use the fill from our lake to elevate it to base flood elevation as required by FEMA. Q/C: How much fill would you add? A: Approximately 3-4 feet of fill, in the development area, the preserve will not be filled. Q/C: Water management seems to be our major concern. After recent development in the area many of us now sit just about 8 feet or so below sea level (Not correct). I know you have to manage your site, but we are already saturated at this point. A: I fully understand your question. One of the things we have to do as part of our permitting requirements is we have to demonstrate that we have improved conditions. Right now, you are getting sheet flow, so by having the property next to you not developed, you get the rain and it just sheet flows directly to you guys. When you have a management system, you’re going to have some berms, treatment areas and also the lake to provide necessary systems to improve the current conditions. To add to that, it appears historic flow of the site is to the south and to the west, our outfall will be to County Barn Road which will be redirecting current flows away from you guys. Q/C: The creation of the berms and such – that’s not going to trap any of the water that may have flowed back towards your site and be held in our area? 9.A.3.c Packet Pg. 532 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 3 of 3 A: Good question. A portion of the preserve area is set aside for water management/floodplain compensation. This will allow the property to store the water that is currently being captured buy this property.. Q/C: Do we know how much the preserve and the retention lake area is actually using on the property as opposed to the development? A: The amount of the preserve area and the floodplain compensation accounts for 2.98 acres of the property. The lake is .77 acres plus swales and berms provided throughout the project. Q/C: This area is filled with a lot of wildlife. This is a concern. We don’t want the clearing of the land to affect their population. A: As part of our requirements, we deal with wildlife in two separate ways. We have to obtain county permitting approval which requires that we provide an Environmental Impact Statement and we also do so with the Water Management District. We will abide by all county and state regulations. Q/C: Not a question just a comment. Before this meeting I wasn’t too sure which piece of land was being developed. I know see it’s the north parcel. I have seen surveyors on the piece of land just south of your parcel so I’m sure we will be here at another meeting for that parcel as well. Q/C: You indicated that there were going to be 60 units developed, what is currently allowed? A: The current zoning is Estates. The allowed number of units is 1 unit per 2.25 acres. We are in the Urban area on the Future Land Use Map which allows up to a base density of 4 units per acre. As mentioned, since we are an infill parcel, we can ask for an additional 3 units per acre up to 7 units per acre by purchasing TDR’s which are transfer of development rights. The meeting adjourned at approximately 5:53 p.m. In summary, the residents of the Woodmere Lakes community were concerned about water management and how the development of the subject site would affect their property. The questions and concerns were addressed as described above. Mr. Vanasse adjourned the meeting and thanked everyone for showing up. 9.A.3.c Packet Pg. 533 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Crews Road Residential Planned Unit Development (RPUD) Rezone (PUDZ –PL20210000101) Neighborhood Information Meeting September 21, 2021 5:30pm 9.A.3.c Packet Pg. 534 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD Project Team Toll Southeast LP Company,Inc.•Applicant: •Agent:RWA Engineering •Patrick Vanasse, AICP •Blake Finnegan •Joel Blikstad,P.E. •John Williams 9.A.3.c Packet Pg. 535 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD 9.A.3.c Packet Pg. 536 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD Subject Property: •9.96+/-acres •Northeast of the intersection of County Barn Road and Whitaker Road •Future Land Use Map designation:Urban (Urban – Residential Subdistrict) •Zoning:Estates (E) •Existing Use:Vacant •“Infill parcel”per LDC Sec.4.07.02.A.2 9.A.3.c Packet Pg. 537 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD Request: •Rezone from Estates (E)to RPUD •Max.60 dwelling units •Permitted Principal Uses: •Residential Tract:Townhouses &Multi-family •Amenity Area Tract:Clubhouses;Outdoor recreation facilities –pool, playground, dog park (private residents and guest only); Open space areas; Health and fitness/Indoor recreation facilities •Preserve Tract: Preserve; Nature trails and boardwalks; Passive Recreation areas; Water management 9.A.3.c Packet Pg. 538 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD 9.A.3.c Packet Pg. 539 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD Proposed Deviations: Deviation #1 seeks relief from LDC, Section 6.06.01.N, which requires minimum local street right-of-way width of 60 feet, to allow a 55’ right-of-way width. Deviation #2 seeks relief from LDC Section 4.05.01.A, which requires every building and use to provide off-street parking, to allow limited on-street parking associated with the small-scale recreation area, and overflow/guest parking. Deviation #3 seeks relief from LDC Section 6.06.02.A.2, which requires 5-foot sidewalks within public and private rights-of-ways or easements, which are internal to the site to be on both sides of local/internal accessways (streets), to allow no sidewalk to be constructed along the west side of the internal north/south road (hammerhead). 9.A.3.c Packet Pg. 540 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD Process and Timeline: •Application under review with County Staff •Submittal #3 •Collier County Planning Commission (CCPC) •Public Hearing (Estimated:November- December) •Board of County Commissioners (BCC) •Public Hearing (Estimated: January-February) 9.A.3.c Packet Pg. 541 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD Questions? 9.A.3.c Packet Pg. 542 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD Page 1 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com K:\2017\170122.01.01 County Barn - PUD, ERP, PPL, SIP, & SDP\0004 Neighborhood Information Meeting (NIM)\NIM Materials to Planner\NIM Mailer (PV) Final.docx September 22, 2021 Subject: Neighborhood Information Meeting Crews Road RPUD Rezoning Application (20210000101) Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of a request to rezone the subject property from Estates (E) to Residential Planned Unit Development (RPUD). The Crews RPUD property is 9.96 ± acres and is located Northeast of the intersection of County Barn Road and Whitaker Road in Section 8, Township 50, Range 26, Collier County, Florida. The Petitioner is asking the County to address the following: • Seek approval of a rezoning from Rural Estates (E) to Residential Planned Unit Development (RPUD) in order to allow for a future development of up to 60 residential dwelling units with an amenity center. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting (NIM) will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development. The Neighborhood Information Meeting will be held at 5:30pm on Tuesday, September 21, 2021, at the Shepherd of the Glades Church, 6020 Rattlesnake Hammock Road Naples, FL 34112 Due to COVID-19, special accommodations will be made to allow people to attend in person or virtually. The meeting will be held indoors where CDC guidelines will be observed. Reservations for in-person meeting attendance is required to ensure social distancing can be met. The meeting will also be online via Zoom. Should you choose to participate via Zoom or attend in-person, please notify us via email at bfinnegan@consult- rwa.com prior to September 20, 2021, to allow us to send you login instructions and document your reservation. Should you have questions prior to the meeting, please also contact me via email at pvanasse@consult-rwa.com or 239-597-0575. Sincerely, RWA, Inc. Patrick Vanasse, AICP Director of Community Development 9.A.3.c Packet Pg. 543 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Page 2 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com Project Location Map SUBJECT PROPERTY 9.A.3.c Packet Pg. 544 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information Meeting held by RWA Engineering, representing Toll Southeast LP Company, Inc, regarding a rezoning petition on: Tuesday, September 21, 2021, at 5:30 pm Shepherd of the Glades Church, 6020 Rattlesnake Hammock Road Naples, FL 34112 The subject property is 9.96± acres and is northeast of the intersection of County Barn Road and Whitaker Road in Section 8, Township 50, Range 26, Collier County, Florida. The Petitioner is seeking County approval to rezone the subject property from Estates (E) to Residential Planned Unit Development (RPUD), in order to allow for a future development of up to 60 residential dwelling units with an amenity center. Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you are unable to attend the meeting in-person and would like the opportunity to participate virtually, an on-line meeting will be available. Details related to joining the meeting can be obtained by contacting the individual listed below. Reservations for in-person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved. If you are unable to attend the meeting in-person or participate virtually, and have questions or comments, they can also be directed by mail, phone or e-mail to the individual below: Patrick Vanasse, AICP RWA Engineering 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: 239-597-0575 Email: pvanasse@consult-rwa.com SUBJECT PROPERTY 9.A.3.c Packet Pg. 545 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) Crews Road NIM Reservation Name Sent Zoom Link Accepted Zoom Zoom Attendance Organization Email Address Phone # ZOOM:Public 1 Eliza De Jesus YES Property Owner elizad555@gmail.com 5646 Woodmere Lake Cir C-104, Naples FL 34112 239-645-0418 2 3 4 5 6 7 8 9 10 11 In Person:Public & Staff 1 Rick O'brien Property Owner carter708grand@gmail.com 5742 Woodmere Lake Cir 239-234-0702 2 Tom & Jamie Lieck Property Owner tom_jamieleick@yahoo.com 5710 Woodmere Lake Circle 239-298-3185 3 4 5 6 7 8 9 10 11 Project Team Patrick Vanasse In person Blake Finnegan In person Joel Blikstad In person 9.A.3.c Packet Pg. 546 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.c Packet Pg. 547 Attachment: Attachment B - Application-Backup Materials (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 9.A.3.d Packet Pg. 548 Attachment: Attachment C - Opposition Letter (20582 : PL20210000101 RPUD (PUDZ) Crews Road) 12/16/2021 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.4 Item Summary: PL20210002450 Murals in the BGTCRA- An Ordinance of the Board of County Commissioners of Collier County, Florida, relating to murals in the Bayshore Gateway Triangle Redevelopment Area, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to create a definition for a mural; amend the standards for murals; and create a public hearing process for murals that are subject to Public Art Committee review, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One General Provisions, including Section 1.08.02 Definitions; Chapter Four Site Design and Development Standards, including Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area; Chapter Ten Application, Review, and Decision-Making Procedures, including Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Eric L. Johnson, AICP, CFM, Principal Planner] Meeting Date: 12/16/2021 Prepared by: Title: Planner, Principal – Zoning Name: Eric Johnson 11/29/2021 2:41 PM Submitted by: Title: – Zoning Name: Mike Bosi 11/29/2021 2:41 PM Approved By: Review: Planning Commission Diane Lynch Review item Completed 11/29/2021 2:50 PM Zoning Diane Lynch Additional Reviewer Skipped 11/29/2021 2:50 PM Growth Management Operations & Regulatory Management Diane Lynch Review Item Skipped 11/29/2021 2:50 PM Zoning Mike Bosi Zoning Director Review Completed 11/29/2021 3:07 PM Growth Management Department James C French GMD Deputy Dept Head Completed 11/30/2021 5:43 PM Planning Commission Edwin Fryer Meeting Pending 12/16/2021 9:00 AM 9.A.4 Packet Pg. 549 1 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\PL20210002450 - Murals in the BGTCRA.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20210002450 SUMMARY OF AMENDMENT This land development code (LDC) amendment modifies the mural provisions in the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA). It proposes new design standards and an application for the review/approval process for murals within the BGTCRA. This LDC amendment also initiates a companion amendment to the Administrative Code, to create provisions for the mural application review and approval process. ORIGIN Board of County Commissioners (Board) HEARING DATES LDC SECTION TO BE AMENDED BCC TBD 1.08.02 4.02.16 10.03.06 Definitions Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area Public Notice and Required Hearings for Land Use Petitions CCPC 12/16/2021 DSAC 11/03/2021 DSAC-LDR 10/19/2021 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval with Conditions DSAC Approval CCPC TBD BACKGROUND The Collier County Community Redevelopment Agency (CRA) adopted Resolution 2008-60, which accepted the Bayshore Cultural Needs Assessment Report that included a proposed boundary, vision, and mission statement for the Bayshore Cultural District. However, the Cultural District was never ratified by the Board as recommended by CRA Resolution 2008-60. In 2012, the Bayshore Drive Mixed Use Overlay District was amended pursuant to the adoption of Ord. 2012-39 and one of its new provisions was to allow murals. While murals were allowed, there were no guidelines on the application process or review and approval process. In 2018, it was reported at an annual joint workshop between the CRA and the CRA Local Advisory Boards that there were outstanding code violations involving murals within the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA). During the discussion, it was evident to the CRA, staff, and the Bayshore Gateway Triangle Local Redevelopment Advisory Board that murals ought to be reexamined, including the prospect of creating an application and review process. It was agreed that the matter ought to be brought to the CRA for more public discussion and that the ongoing code enforcement cases should be stayed. On April 10, 2018, the CRA directed the Advisory Board to not process any mural applications in the BGTCRA and to stay all current code enforcement proceedings. The CRA expected staff to work with the Advisory Board to review murals and to bring back recommendations, including but not limited to a written application and review process and whether further LDC amendments are warranted. Following direction at the annual meeting, staff began reviewing options to establish a process, including establishing an Art Committee to review applications. The discussion expanded to include all types of public art and the need to have a public art plan. In April 2019, an amendment to the Community Redevelopment Plan was adopted (Resolution 2019-75), which included the development of a public art plan as one of the short-term projects to implement. In December 2019, the Board approved an amendment to the contract with the Cultural Planning Group to complete a public art plan 9.A.4.a Packet Pg. 550 Attachment: PL20210002450 - Murals in the BGTCRA (20715 : PL20210002450 - Murals in the BGTCRA) 2 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\PL20210002450 - Murals in the BGTCRA.docx for the Bayshore Gateway Triangle Community Redevelopment Area. The intent of the plan is to act as a pilot program that could be expanded to cover the entire County if desired by the Board. On July 13, 2021, the Board approved the Bayshore Gateway Triangle Public Pilot Art Plan for the BGTCRA and authorized staff to update the LDC accordingly. With respect to this LDC amendment, the significant changes include but are not limited to the following: • Requires that certain murals, depending on their proposed location, visibility to the public, and funding source, are subject to the BGTCRA Public Art Pilot Plan Mural Guidelines. • Allows murals to be either temporary or permanent—the current text forbids temporary murals. • Eliminates the restriction that limits one mural per building. • Eliminates the restriction that limits murals to 200 square feet unless otherwise approved by the CRA Advisory Board. • Eliminates the restriction that murals are only permitted on building facades that lack windows and doors. • Requires a mural maintenance plan. • Establishes a review and approval process consistent with the Public Art Pilot Plan, including a review and approval by the Public Art Committee that will be established by the Board. The Board will have the final decision. The LDC will not require murals to be reviewed by the CRA Advisory Board. • Establishes a definition of a “mural” in LDC section 1.08.02. DSAC-LDR Subcommittee Recommendation: The DSAC-LDR Subcommittee recommended approval of amendment, including the additional changes presented by staff at the hearing and contingent upon the following (all which have been incorporated into the amendment): • The definition of mural shall include “adhered to or affixed.” • Paragraph #8, which relates to the review process for murals, should be removed from its currently proposed location in the LDC and relocated to the companion Administrative Code amendment. • “Mural sign” should be cross-referenced in the proposed definition for “mural.” • Retain the word “District” in the names of the Bayshore Overlay District and the Gateway Triangle Overlay District. DSAC Recommendation: The DSAC recommended approval with no changes. However, since their meeting, staff has removed the cross-reference to mural sign from the proposed definition of mural in LDC section 1.08.02. In addition, much of the changes proposed in this LDC amendment that were duplicative and/or relevant to a separate LDC amendment (LDCA-PL20210001222) have been removed from this LDC amendment. FISCAL & OPERATIONAL IMPACTS No fiscal or operational impacts are anticipated. There will be an application fee for potential applicants. The Adminstrative Services Department will determine the application fee and processing of these types of applications. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) Adminstrative Code Changes 9.A.4.a Packet Pg. 551 Attachment: PL20210002450 - Murals in the BGTCRA (20715 : PL20210002450 - Murals in the BGTCRA) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\PL20210002450 - Murals in the BGTCRA.docx Amend the LDC as follows: 1 1.08.02 – Definitions 2 3 * * * * * * * * * * * * * 4 5 Motel: See hotel. 6 7 Mural: Any drawing, artwork, inscription, or marking that is marked, etched, drawn, painted , 8 adhered to, or affixed on, any building or structure. 9 10 Natural reservation: The term natural reservation refers to large areas set aside for natural 11 resource protection, conservation and preservation and includes: only Natural Resource 12 Protection Areas (NRPAs); and, lands designated Conservation on the Collier County 13 Future Land Use Map, including but not limited to, Everglades National Park, Big Cypress 14 National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State 15 Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Research 16 Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Audubon 17 Society's Corkscrew Swamp Sanctuary. 18 19 # # # # # # # # # # # # # 20 21 4.02.16 - Design Standards for Development in the Bayshore Gateway Triangle Community 22 Redevelopment Area 23 24 * * * * * * * * * * * * * 25 26 H. Murals. Murals are allowed as public art on all non-residential structures in the BGTCRA, 27 including non-residential portions of mixed use buildings. Murals shall adhere to the 28 following requirements: within the Bayshore Gateway Triangle Redevelopment Area 29 subject to the following conditions: 30 31 1. Murals shall comply with BGTCRA Public Art Pilot Plan, where applicable, and 32 require recommendation from the Public Art Committee (PAC) and approval by the 33 BCC if any of the following are applicable: 34 35 a. Placed within view from a public right-of-way; or 36 37 b. Funded, in whole or in part, with public funds. 38 39 Murals are only allowed on commercial, civic or institutional buildings. 40 41 2. Murals that are not subject to PAC or BCC review shall comply with this LDC 42 section and all other applicable laws. Building must be located within the proposed 43 Cultural District boundary, Community Redevelopment Agency Resolution 08 -60, 44 and cannot be located along U.S. 41. 45 46 3. One mural is allowed per building. 47 48 9.A.4.a Packet Pg. 552 Attachment: PL20210002450 - Murals in the BGTCRA (20715 : PL20210002450 - Murals in the BGTCRA) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\Meeting Materials\PL20210002450 - Murals in the BGTCRA.docx 34. Murals are permitted on sections of buildings where there are no windows or doors 1 or where the mural will not negate the purpose of interfere with the building's 2 design treatments listed in LDC section 5.05.08 D.5.architectural details. 3 4 45. The mural cannot exceed 200 square feet unless specifically approved by the CRA 5 Advisory Board. 6 7 56. The mural shall not contain text for the purpose of advertising any business or 8 commercial activity. 9 10 67. The mural cannot be temporary in nature and the building owner or property owner 11 association, where applicable, is responsible for the mural maintenance and shall 12 submit a mural maintenance plan to the County Manager or designee must commit 13 to maintaining the mural. 14 15 78. The mural will complement Review and approval from the CRA Advisory Board is 16 required to ensure the mural complies with the conditions above and that the 17 artwork complements the design of the building in color, shape, and location. 18 19 # # # # # # # # # # # # # 20 21 10.03.06 – Public Notice and Required Hearings for Land Use Petitions 22 23 * * * * * * * * * * * * * 24 25 AA. Murals in Bayshore Gateway Triangle Community Redevelopment Area. 26 27 1. The following advertised public hearings are required: 28 29 a. One Public Art Committee hearing. 30 31 b. One BCC hearing. 32 33 # # # # # # # # # # # # # 34 9.A.4.a Packet Pg. 553 Attachment: PL20210002450 - Murals in the BGTCRA (20715 : PL20210002450 - Murals in the BGTCRA) Exhibit A – Administrative Code Changes G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\PL20210002450 - Ex A (Administrative Code).docx Chapter 1. Introduction * * * * * * * * * * * * * C. Reviewing Agencies * * * * * * * * * * * * * 11. Public Art Committee (PAC) The Public Art Committee acts in an advisory capacity to the BCC pursuant to Code of Laws and Ordinances section ##-###. Pursuant to Ord. 21-###, the PAC reviews all matters relating to the public art within the entire unincorporated area of the County, including the Bayshore Gateway Triangle Community Redevelopment Area. The purpose of the PAC is to serve as a forum for advancing public art in Collier County, and to make recommendations to the BCC in matters related to public art policies, issues, programs, and plans for the benefit of the citizens. # # # # # # # # # # # # # Chapter 2. Quasi-Judicial Procedures with a Public Hearing * * * * * * * * * * * * * M. Murals in the Bayshore Gateway Triangle Community Redevelopment Area Reference LDC subsection 4.02.16 H. and LDC Public Notice subsection 10.03.06 AA. Applicability This establishes the process to obtain a mural. Pre-Application A pre-application meeting is required. Initiation The applicant files a “Murals in Bayshore Gateway Triangle Community Redevelopment Area” application with the Administrative Services Department. See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Contents Sheet size: The architectural drawing and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change “clouded” and clearly delineate the area and scope of the work to be done. The application must include the following: 1. Pre-approval location certification letter from County Manager or designee, as required in the BGTCRA Public Art Pilot Plan. 2. Applicant and artist contact information. 3. Notarized approval letter from building owner or property owner association. 4. The legal description and the street address of the property upon which the mural is to be placed. 5. The current or anticipated use of the building (i.e., commercial, civic, or institutional). 9.A.4.b Packet Pg. 554 Attachment: PL20210002450 - Ex A (Administrative Code) (20715 : PL20210002450 - Murals in the BGTCRA) Exhibit A – Administrative Code Changes G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2021\12-16-21\PL20210002450 - Ex A (Administrative Code).docx 6. For each wall of a building where a mural is proposed, a scaled Elevation Drawing or color rending that clearly and accurately depicts the mural, including the dimensions. The drawing shall be constructed in the context of illustrating the surrounding landscaping, buildings, lighting, public rights-of-way, parking, frontage, and any other information relevant to the site and placement. 7. A narrative of the project and how it is consistent with the standards identified in LDC section 4.02.16 H. and the BGTCRA Public Art Pilot Plan. The narrative shall detail the proposed material(s), durability of material(s), paint chips, manner of application, and installation process, including but not limited to the need for scaffolding, lighting, other equipment, etc. 8. Category of mural (i.e., temporary or permanent). 9. Photograph of building wall or structure to which the mural will be placed. The photograph may be used to illustrate if there is any conflict with required or existing landscaping. 10. Electronic copies of all documents. Completeness and Processing of Application The County Manager or designee will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Notice No notice is required. Public Hearing The PAC shall hold at least one advertised public hearing. The BCC shall hold at least one advertised public hearing. Decision maker The BCC, following recommendation from the PAC. Review Process An applicant wishing to install a mural that is subject to PAC review shall submit an application to the County Manager or designee, who shall have five business days to review the application for completeness and accuracy and identify whether additional materials are needed. The County Manager or designee shall schedule a hearing date with the PAC to occur no later than 30 days from when the application was found to be complete and accurate. The County Manager or designee shall prepare a Staff Report, based on the application’s consistency with the BGTCRA Public Art Pilot Program and compliance with LDC section 4.02.16 H. Following the PAC review, Staff will prepare an Executive Summary and schedule a hearing date before the BCC to present the petition. # # # # # # # # # # # # # 9.A.4.b Packet Pg. 555 Attachment: PL20210002450 - Ex A (Administrative Code) (20715 : PL20210002450 - Murals in the BGTCRA)