HEX Agenda 02/24/2022Collier County Hearing Examiner Page 1 Printed 2/17/2022
COLLIER COUNTY
Collier County Hearing Examiner
AGENDA
Growth Management Department
Conference Rooms 609/610
2800 Horseshoe Drive North
Naples, FL 34104
February 24, 2022
9: 00 AM
Andrew W. J. Dickman, Esq., AICP
Hearing Examiner
Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing
Examiner. Persons Wishing to have written or graphic materials included in the hearing report
packets must have that material submitted to County staff at Thomas.Clarke@CollierCountyFL.gov
10 days prior to the Hearing. All materials used during presentation at the hearing will become a
permanent part of the record.
Any person who decides to appeal a decision of the Hearing Examiner will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County
Commissioners.
Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public
comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days.
Persons wishing to receive a copy of the decision by mail may supply County staff with their name,
address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an
electronic copy of the decision may supply their email address.
February 2022
Collier County Hearing Examiner Page 2 Printed 2/17/2022
1. Pledge of Allegiance
2. Review of Agenda
3. Advertised Public Hearing
A. Petition No. PL20210002390 - Request for an insubstantial change to the Creekside
Commerce Park Commercial Planned Unit Development (CPUD) by requesting a
modification to a deviation to allow Tract 7 to qualify for an alternative architectural
compliance process. The subject site is 5.25 ± acres located at 1336 Innovation Blvd in
Section 27, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator:
Gabriela Castro, Principal Planner] Commission District 2
B. Petition No. BDE-PL20200002208 - Request for a 36.9-foot boat dock extension over the
maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to
allow construction of a boat docking facility protruding a total of 56.9 feet into a waterway
that is 271.6± feet wide to allow a new boat dock facility with two boat slips, each with a
boat lift, one for a 39-foot vessel and the other for a 20-foot vessel and paddle craft for the
benefit of property described as Lot 20, Southport on the Bay, Unit One, located at 226
Malibu Cove, in Section 6, Township 48 South, Range 25 East, Collier County, Florida.
[Coordinator: John Kelly, Senior Planner] Commission District 2
C. Petition No. BDE-PL20210000104 - Request for a 21-foot boat dock extension from the
maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to
allow a boat docking facility protruding a total of 41 feet into a waterway that is 121.6± feet
wide for the benefit of property located at 1680 Vinland Way, also described as Lot 19,
Landing at Bear’s Paw, in Section 35, Township 49 South, Range 25 East, Collier County,
Florida. [Coordinator: John Kelly, Senior Planner] Commission District 4
D. Petition No. VA-PL20210001516 - Request for a variance from section 5.03.06.E.5 of the
Land Development Code to reduce the required eastern side setback for a boat dock facility
from 15 feet to 5.1 feet for a lot with 63.2± feet of water frontage located at 177 Topanga
Drive further described as Lot 86, Southport on the Bay Unit 1, in Section 06, Township 48
South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner]
Commission District 2
E. Petition No. BDE-PL20210000155 - Request for a 31.1-foot boat dock extension from the
maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to
allow construction of a boat docking facility protruding a total of 51.1 feet into a waterway
that is 125.1 feet wide. The subject property is located at 177 Topanga Drive and is further
described as Lot 86, Southport on the Bay Unit 1, in Section 06, Township 48 South, Range
25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission
District 2
4. Other Business
5. Public Comments
6. Adjourn
02/24/2022
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.A
Item Summary: Petition No. PL20210002390 - Request for an insubstantial change to the
Creekside Commerce Park Commercial Planned Unit Development (CPUD) by requesting a modification
to a deviation to allow Tract 7 to qualify for an alternative architectural compliance process. The subject
site is 5.25 ± acres located at 1336 Innovation Blvd in Section 27, Township 48 South, Range 25 East,
Collier County, Florida. [Coordinator: Gabriela Castro, Principal Planner] Commission District 2
Meeting Date: 02/24/2022
Prepared by:
Title: Principal Planner – Zoning
Name: Gabriela Castro
01/24/2022 11:56 AM
Submitted by:
Title: – Zoning
Name: Mike Bosi
01/24/2022 11:56 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 01/24/2022 12:27 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 01/27/2022 10:37 AM
Zoning Ray Bellows Review Item Completed 01/27/2022 3:10 PM
Zoning Mike Bosi Review Item Completed 02/02/2022 8:18 AM
Hearing Examiner Andrew Dickman Meeting Pending 02/24/2022 9:00 AM
3.A
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Page 1 of 9
Creekside Commerce Park CPUD, PDI-PL20210002390 January 20, 2022
STAFF REPORT
TO: HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: FEBRUARY 24, 2022
SUBJECT: PDI-PL20210002390, CREEKSIDE COMMERCE PARK CPUD
(COMMERCIAL PLANNED UNIT DEVELOPMENT)
APPLICANT: AGENT:
RES Florida 1370 Holdings LLC D. Wayne Arnold, AICP
1370 Creekside Blvd Q. Grady Minor and Associates, P.A.
Naples, FL 34108 3800 Via Del Rey
Bonita Springs, FL 34134
REQUESTED ACTION:
The petitioner requests that the Hearing Examiner approve an insubstantial change to Ordinance
Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD) to
modify a previously approved deviation to allow to Tract 7 to qualify for alternative architectural
compliance process.
GEOGRAPHIC LOCATION:
The subject property is 5.25± acres located south of Immokalee Road west of Goodlette-Frank Road
in Sections 27, Township 48 South, Range 25 East, Collier County, Florida. (See the Location Map on
page 2 of this Staff Report.)
3.A.a
Packet Pg. 4 Attachment: Staff Report Creekside (20971 : PL20210002390 Creekside Commerce Park PDI)
Page 2 of 9
Creekside Commerce Park CPUD, PDI-PL20210002390 January 20, 2022
3.A.aPacket Pg. 5Attachment: Staff Report Creekside (20971 : PL20210002390 Creekside Commerce Park PDI)
Page 3 of 9
Creekside Commerce Park CPUD, PDI-PL20210002390 January 20, 2022
3.A.aPacket Pg. 6Attachment: Staff Report Creekside (20971 : PL20210002390 Creekside Commerce Park PDI)
Page 4 of 9
Creekside Commerce Park CPUD, PDI-PL20210002390 January 20, 2022
PURPOSE/DESCRIPTION OF PROJECT:
The Creekside Commerce Park Commercial Planned Unit Development (CPUD) was originally
approved in Ordinance Number 97-51 on October 21, 1997. There was a subsequent ordinance,
Ordinance Number 06-41, which was repealed along with Ordinance Number 97-51 with the adoption
of Ordinance Number 06-50 on October 24, 2006. There have been four amendments to Ordinance
Number 06-50 since, Ordinance numbers 13-23, 16-05, 16-32, 18-19, and 21-35.
In Ordinance Number 16-32, the architectural deviation was first adopted on Tract 5 to qualify for
alternative architectural compliance process. The deviation was then amended in Ordinance Number
18-19 to apply to Tract 6. The petitioner proposes to apply the deviation to Tract 7.
The petitioner is now proposing the following changes:
• To include Tract 7 in the deviation section 3.5.2 of the existing PUD, to allow buildings in Tract
7 to seek the alternative architectural design process; and
• To include a PUD monitoring note.
Please see Attachment A-Proposed PUD language.
SURROUNDING LAND USE AND ZONING (related to the subject parcels)
North: Innovation Boulevard, then a United States Post Office on Tract 4 and Arthrex on Tract 5
with a zoning designation of the Creekside Commerce CPUD
East: Drainage Easement followed by an FPL easement, followed by a preserved uplands area
and lake area with a zoning designation of the Creekside Commerce CPUD
South: A Golf Course with a zoning designation of Pelican Marsh DRI (Development of Regional
Impact)
West: Parking lot with a zoning designation of The Naples Daily News BPUD (Business Park
PUD).
3.A.a
Packet Pg. 7 Attachment: Staff Report Creekside (20971 : PL20210002390 Creekside Commerce Park PDI)
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Creekside Commerce Park CPUD, PDI-PL20210002390 January 20, 2022
AERIAL PHOTO
STAFF ANALYSIS:
Comprehensive Planning: The proposed PDI is consistent with the Future Land Use Element (FLUE)
of the Growth Management Plan (GMP).
Transportation Element: Transportation Planning staff has reviewed the petition for compliance with
the GMP and the LDC and recommends approval of the request.
Architectural Review: Architectural staff has reviewed the petition and recommends approval of the
request.
Zoning Review: As previously stated, the petitioner is proposing to expand s previously approved
architectural deviation to apply to Tract 7. The architectural deviation will allow alternative
architectural compliance process found in Section 5.05.08 of the LDC. The PUD was previously
amended to grant Tract 5 and Tract 6 this deviation. Arthrex is the owner of all three tracts and would
like to continue the common building design elements implemented in already-built portions of the
Arthrex Campus. For further information regarding the Deviations, please see the Deviations section
of this Staff Report.
Subject
Property
3.A.a
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Creekside Commerce Park CPUD, PDI-PL20210002390 January 20, 2022
CONCURRENT LAND USE APPLICATIONS:
There is a concurrent application: PL20210001970, Site Development Plan Amendment for Arthrex
Studio X.
PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA:
There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An
insubstantial change includes any change that is not considered a substantial or minor change. An
insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC
subsection 10.02.13 E.1.
LDC Section 10.02.13.E.1 Criteria:
a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)?
No, there is no proposed change in the boundary of the PUD.
b. Is there a proposed increase in the total number of dwelling units or intensity of land use
or height of buildings within the development?
No, there is no proposed increase in the number of dwelling units or intensity of land use, or
height of buildings within the development.
c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas
within the development in excess of five (5) percent of the total acreage previously
designated as such, or five (5) acres in area?
No, there is no proposed decrease in preservation, conservation, recreation, or open space areas
within the development as designated on the approved Master Plan.
d. Is there a proposed increase in the size of areas used for non-residential uses, to include
institutional, commercial, and industrial land uses (excluding preservation, conservation,
or open space), or a proposed relocation of nonresidential land uses?
No, the requests do not impact the size of non-residential areas or propose to relocate such areas
within the PUD boundary.
e. Is there a substantial increase in the impacts of the development which may include, but
are not limited to increases in traffic generation; changes in traffic circulation; or impacts
on other public facilities?
No, there are no substantial impacts resulting from this amendment.
3.A.a
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Creekside Commerce Park CPUD, PDI-PL20210002390 January 20, 2022
f. Will the change result in land use activities that generate a higher level of vehicular traffic
based upon the Trip Generation Manual published by the Institute of Transportation
Engineers?
No. The proposed amendment would not result in land use activities that generate higher levels
of vehicular traffic based upon the Trip Generation Manual published by the Institute of
Transportation Engineers.
g. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
No. The proposed changes will not impact or increase stormwater retention or increase
stormwater discharge.
h. Will the proposed change bring about a relationship to an abutting land use that would
be incompatible with an adjacent land use?
No. There will be no incompatible relationships with abutting land uses.
i. Are there any modifications to the PUD Master Plan or PUD document or amendment to
a PUD ordinance which is inconsistent with the Future Land Use Element or other
elements of the Growth Management Plan or which modification would increase the
density of intensity of the permitted land uses?
No. Comprehensive Planning staff determined the proposed changes to the PUD Document
would be consistent with the FLUE of the GMP. Transportation planning staff reviewed this
petition, and no changes to the PUD Document are proposed that would be deemed inconsistent
with the Transportation Element of the GMP. This petition does not propose any increase in
density or intensity of the permitted land uses.
j. The proposed change is to a PUD District designated as a Development of Regional Impact
(DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change
requires a determination and public hearing by Collier County pursuant to Sec. 380.06
(19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any
changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall
be reviewed and approved by Collier County under Section 10.02.13 of the LDC.
Due to the limited nature of this request, a determination and public hearing under F.S.
380.06(19) will not be required.
k. Are there any modifications to the PUD Master Plan or PUD document or amendment to
a PUD ordinance which impact(s) any consideration deemed to be a substantial
modification as described under Section(s) 10.02.13 E.?
Based on the analysis provided above, the proposed change is not deemed to be substantial.
3.A.a
Packet Pg. 10 Attachment: Staff Report Creekside (20971 : PL20210002390 Creekside Commerce Park PDI)
Page 8 of 9
Creekside Commerce Park CPUD, PDI-PL20210002390 January 20, 2022
LDC Section 10.02.13.E.2 Criteria:
Does this petition change the analysis of the findings and criteria used for the original
application?
No, the proposed changes do not affect the original analysis and findings from the latest PUDA.
(See Attachment D-Rezone Findings and Findings for PUD.)
DEVIATION DISCUSSION:
The petitioner is seeking one revised deviation. The deviation is found in PUD Section
3.5 “Development Deviations,” and in PUD Section 4.5 “Development Deviations.” The deviation
location is depicted on the Master Plan. The petitioner’s rationale and staff analysis/recommendation
are outlined below:
Deviation #2: (Revised Deviation in Section 3.5. 2. applies to I/C District only; see underlined text
below for added language to the original deviation)
Deviation #2 seeks relief from LDC Section 5.05.08, Deviations and alternate compliance, which
authorizes the County Manager or designee to administratively approve deviations from compliance
with Section 5.05.08 of the LDC for specific types of buildings, to allow general office and medical
office, hotel and physical fitness facilities that can be constructed on Tracts 5, and 6, and 7 of the Master
Plan to be eligible for this deviation process.
Petitioner’s Justification:
This deviation was previously approved by Ordinance 2016-32 and amended by Ordinance 2018-19
to include Tract 6. All properties in I/C Tracts 5, 6 and 7 are owned by Arthrex and providing for the
alternative architectural compliance process will allow for common building design elements for
buildings comprising the Arthrex campus.
Staff Analysis and Recommendation:
Zoning and Land Development Review staff recommends Approval finding that, in compliance with
LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without
a detrimental effect on the health, safety and welfare of the community" and LDC Section
10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.”
NEIGHBORHOOD INFORMATION MEETING (NIM):
The NIM was held on November 9, 2021, at Arthrex, 1 Arthrex Way, Naples, Florida. There were
three attendees, one in-person and two via zoom. For further information, see attached Exhibit C:
Transcript of Neighborhood Informational Meeting.
3.A.a
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Creekside Commerce Park CPUD, PDI-PL20210002390 January 20, 2022
STAFF RECOMMENDATION:
Staff recommends that the Hearing Examiner approve Petition PDI-PL20210002390, Creekside
Commerce Park CPUD, subject to including the following attachment in the HEX Decision:
1. Attachment A-Proposed PUD Language
Attachments:
Attachment A-Proposed PUD Language
Attachment B-Ordinance Number 21-35
Attachment C-Transcript of Neighborhood Informational Meeting
Attachment D- Rezone Findings and Findings for PUD
Attachment E-Backup Materials
3.A.a
Packet Pg. 12 Attachment: Staff Report Creekside (20971 : PL20210002390 Creekside Commerce Park PDI)
Exhibit 1
PUD REVISIONS: Add Section 2.23, Revise Sections 3.4 F. and 3.5 2.
Creekside Commerce Park PUD 29331193162 (PDI) – PL20210002390
11-8-2021
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com
www.gradyminor.com
3.A.b
Packet Pg. 13 Attachment: Attachment A Proposed PUD Language (20971 : PL20210002390 Creekside Commerce Park PDI)
Words struck through are deleted; words underlined are added.
PL20210002390 Creekside Commerce Park PUD (PDI) November 12, 2021
SECTION II
PROJECT DEVELOPMENT
*** *** *** *** *** Text break *** *** *** *** ***
2.23 PUD MONITORING
One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until
closeout of the PUD, and this entity shall also be responsible for satisfying all PUD commitments
until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is Creekside
Commerce East, Inc., 2600 Golden Gate Parkway, Naples, FL 34105. Should the Managing Entity
desire to transfer the monitoring and commitments to a successor entity, then it must provide
a copy of a legally binding document that needs to be approved for legal sufficiency by the
County Attorney. After such approval, the Managing Entity will be released of its obligations
upon written approval of the transfer by County staff, and the successor entity shall become
the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide
written notice to County that includes an acknowledgement of the commitments required by
the CPUD by the new owner and the new owner’s agreement to comply with the Commitments
through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility
under this Section. When the PUD is closed-out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of PUD commitments.
*** *** *** *** *** Text break *** *** *** *** ***
3.A.b
Packet Pg. 14 Attachment: Attachment A Proposed PUD Language (20971 : PL20210002390 Creekside Commerce Park PDI)
Words struck through are deleted; words underlined are added.
PL20210002390 Creekside Commerce Park PUD (PDI) November 12, 2021
SECTION III
INDUSTRIAL/COMMERCE DISTRICT
*** *** *** *** *** Text break *** *** *** *** ***
3.4 DEVELOPMENT STANDARDS
*** *** *** *** *** Text break *** *** *** *** ***
F. All I/C buildings shall meet the requirements of Section 5.05.08 of the LDC, except for
buildings located on Tracts 5, and 6, and 7 on the Master Plan, which shall be subject to
the deviation process in Section 5.05.08 of the LDC (see Section 3.5.2, Development
Deviations, of this PUD Ordinance). The building located on Tract 5 shall be similar in
architectural style to the conceptual building rendering in Exhibit C.
*** *** *** *** *** Text break *** *** *** *** ***
3.5 DEVELOPMENT DEVIATIONS
1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for
group housing uses, to permit an FAR of .6 for group housing uses, including the
intermediate care facilities.
2. Deviation from LDC Section 5.05.08, Deviations and alternate compliance, which
authorizes the County Manager or designee to administratively approve deviations from
compliance with Section 5.05.08 of the LDC for specific types of buildings, to allow
general office and medical office, hotel and physical fitness facilities that can be
constructed on Tracts 5, and 6, and 7 of the Master Plan to be eligible for this deviation
process.
3. Deviation from LDC Section 4.06.02.C.4., Type D Buffer, which requires a 10’ wide Type
D buffer adjacent to rights of way, with trees spaced no more than 30’ on center, to
permit the existing street trees planted along the west side of Creekside Street to satisfy
the minimum Type D buffer tree requirement of the eastern boundary of Tract 5.
3.A.b
Packet Pg. 15 Attachment: Attachment A Proposed PUD Language (20971 : PL20210002390 Creekside Commerce Park PDI)
ORDINANCE NO. 2021- 3 5
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS
AMENDED, BY ADDING UP TO 300 MULTI-FAMILY RENTAL
DWELLING UNITS AS A PERMITTED USE IN THE BUSINESS
DISTRICT; ADDING RESIDENTIAL DEVELOPMENT STANDARDS
INCLUDING A MAXIMUM HEIGHT OF 100 FEET; AND BY
AMENDING THE MASTER PLAN. THE SUBJECT MULTI-FAMILY
PROPERTY IS IN THE SOUTHEAST QUADRANT OF THE
INTERSECTION OF IMMOKALEE ROAD AND GOODLETTE
FRANK ROAD, CONSISTING OF 28.85± ACRES AND THE CPUD IS
LOCATED SOUTH OF IMMOKALEE ROAD AND BOTH EAST AND
WEST OF GOODLETTE FRANK ROAD IN SECTION 27, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND
BY PROVIDING AN EFFECTIVE DATE. IPL201900028501
WHEREAS, on October 24, 2006, the Board of County Commissioners approved
Ordinance Number 06-50, the Creekside Commerce Park Commercial Planned Unit
Development (the "PUD"); and
WHEREAS, on March 12, 2013, the Board of County Commissioners approved
Ordinance Number 13-23, which amended the PUD; and
WHEREAS, on March 22, 2016, the Board of County Commissioners approved
Ordinance Number 16-05, which further amended the PUD; and
WHEREAS, on October 25, 2016, the Board of County Commissioners approved
Ordinance Number 16-32, which further amended the PUD; and
WHEREAS, on April 24, 2018, the Board of County Commissioners approved Ordinance
Number 18-19, which further amended the PUD; and
WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.,
and D. Wayne Arnold of Q. Grady Minor & Associates representing Creekside East, Inc.,
petitioned the Board of County Commissioners to amend the CPUD.
20-CPS-02009/1656955/1] 108
Creekside Commerce Park CPUD 1 of 2
PL20190002850
9/16/21
3.A.c
Packet Pg. 16 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to the CPUD Document of Ordinance No. 2006-50, as
amended
The CPUD Document attached as Exhibit "A" to Ordinance No. 2006-50, as amended, is
hereby amended to read as follows:
See Exhibit"A", attached hereto and incorporated herein by reference.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2021 -3/ becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this )(/ `day of 0 Ci-D Lfre.X" , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAI'>k. KINZEL, CLERK COLLIE O TY, FLORID
By: A1 By:
Attest as to Chairman's • 'ty C e r'Penny Ta or, Chairman
signature only.
Approved as to form and legality:
Otiv .J A 1— yket`t—
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A—CPUD Document
This ordinance filed with :nt:
Secretary of State's 1,,c.
day of gmf !
and acknowledgement pf shot
filing received this .3'1 day
of N,a'
20-CPS-02009/1656955/1] 108 By
Creekside Commerce Park CPUD 2 of 2 u^r«•^'
PL20190002850
9/16/21
3.A.c
Packet Pg. 17 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
EXHIBIT A
CREEKSIDE COMMERCE PARK
A PLANNED UNIT DEVELOPMENT
PREPARED FOR
BARRON COLLIER PARTNERSHIP
3.A.c
Packet Pg. 18 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
CREEKSIDE COMMERCE PARK
A
PLANNED UNIT DEVELOPMENT
106± Acres Located in Section 27
Township 48 South, Range 25 East
Collier County, Florida
PREPARED FOR:
BARRON COLLIER PARTNERSHIP
2640 Golden Gate Parkway,Naples, FL 34105
PREPARED BY:
WILSON,MILLER,BARTON&PEEK, INC.
3200 Bailey Lane, Suite 200,Naples,Florida 34105
YOUNG, VAN ASSENDERP&VARNADOE,P.A.
801 Laurel Oak Drive, Suite 300,Naples,Florida 34101
AMENDED DECEMBER 2005 BY:
Q. GRADY MINOR AND ASSOCIATES, P.A.
3800 Via Del Rey,Bonita Spring,Florida 34134
ROETZEL AND ANDRESS,L.P.A.
850 Park Shore Drive, 3'Floor,Naples, Florida 34103
AMENDED MAY 2012 BY:
Q. GRADY MINOR AND ASSOCIATES, P.A.
3800 Via Del Rey,Bonita Spring,Florida 34134
COLEMAN,YOVANOVICH AND KOESTER, P.A.
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300,Naples, FL 34103
AMENDED AUGUST 2015,JULY 2016 and.00TOBER 2016 and JULY 2021 BY:
Q. GRADY MINOR AND ASSOCIATES, P.A.
3800 Via Del Rey,Bonita Spring,Florida 34134
COLEMAN,YOVANOVICH AND KOESTER,P.A.
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300,Naples,FL 34103
Words k through are deleted; words underlined are added.
PL20190002850 CPUD Amendment July 21, 2021
3.A.c
Packet Pg. 19 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP, & 1-1
GENERAL DESCRIPTION
SECTION II COMMERCE PARK DEVELOPMENT 2-1
2.1 Purpose
2.2 General Description Of The Park and Proposed Land Uses
2.3 Compliance With County Ordinances
2.4 Community Development District
2.5 Land Uses
2.6 Lake Siting
2.7 Fill Storage
2.8 Use Of Right-Of-Way
2.9 Sales Office and Construction Office
2.10 Changes and Amendments To PUD Document Or PUD Master Plan
2.11 Preliminary Subdivision Plat Phasing
2.12 Open Space and Native Vegetation Retention Requirements
2.13 Surface Water Management
2.14 Environmental
2.15 Utilities
2.16 Transportation
2.17 Common Area Maintenance
2.18 Design Guidelines and Standards
2.19 Landscape Buffers, Berms,Fences and Walls
2.20 Signage
2.21 General Permitted Uses
SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1
SECTION IV BUSINESS DISTRICT 4-1
SECTION V PRESERVE AREA 5-1
EXHIBIT A AERIAL PHOTOGRAPH, LOCATION MAP
WMB&P File No. RZ 255A)OMITTED
EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN
EXHIBIT B-1 CROSS SECTIONS (ENLARGED)
EXHIBIT C CONCEPTUAL BUILDING RENDERING
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Packet Pg. 20 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter
referred to as Barron Collier or the Developer, to create a Planned Unit Development(PUD) on 106±
acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The
name of this Planned Unit Development shall be Creekside Commerce Park. The development of
Creekside Commerce Park will be in substantial compliance with the planning goals and objectives
of Collier County as set forth in the Growth Management Plan. The development will be consistent
with the policies and land development regulations adopted thereunder of the Growth Management
Plan Future Land Use Element and other applicable regulations for the following reasons:
1.The subject property is within the Urban Mixed Use District as identified on the Future Land
Use Map which allows certain industrial and commercial uses. The Urban designation also
allows support medical facilities, offices,clinics,treatment,research and rehabilitative centers
and pharmacies provided they are located within 1/4 mile of the property boundary of an
existing or approved hospital or medical center. The Creekside Commerce Park PUD is
located within 'A mile of the North Collier Hospital. The 2016 petition request is to add
166,000 square feet to the I/C District and 32,000 square feet to the B District. All additional
square footage approved in the October 2016 Ordinance amendment will be medical related
uses, and will be on Tracts that are within or partially within 1/4 mile of the North Collier
Hospital property. The 2020 petition (PL20190002850) request is to add 300 multi-family
rental units, which were authorized through the companion 2020 small-scale plan amendment
PL20190002849).
2.The existing Industrial zoning is considered consistent with the Future Land Use Element
FLUE) as provided for by Policy 5.9 and 5.11 of the FLUE.
3.The FLUE Urban-Industrial District allows for expansion of the industrial land use provided
the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned
industrial the land use is compatible with adjacent land uses and the necessary infrastructure
is provided or in place. Creekside Commerce Park has expanded the industrial land use
accordingly.
4.The FLUE Urban-Industrial District requires the uses along the boundaries of the project to
be transitional. Creekside Commerce Park has included transitional uses accordingly.
5.Creekside Commerce Park is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE.
6.Improvements are planned to be in substantial compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
7.The development of Creekside Commerce Park will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1.H and L of the
FLUE.
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Packet Pg. 21 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
8.Creekside Commerce Park is a master planned, deed-restricted commerce park and is planned
to encourage ingenuity, innovation and imagination as set forth in the Collier County Land
Development Code (LDC), Planned Unit Development District.
9.This master planned park will incorporate elements from the existing Industrial,Business Park
and Industrial PUD sections of the LDC.
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Packet Pg. 22 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
SHORT TITLE
This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED
UNIT DEVELOPMENT ORDINANCE".
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Packet Pg. 23 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this section is to set forth the legal description and ownership of Creekside
Commerce Park, and to describe the existing condition of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows;
COMMENCING at the northwest corner of said Section 27;
thence along the north line of said Section 27 South 89°45'21"East 1869.61 feet;
thence leaving said line South 00°14'39" West 125.00 feet to a point on the south right of
way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel
herein described;
thence along said right of way line in the following Six (6) described courses;
1) South 89°45'21" East 485.99 feet;
2) South 00°14'39" West 10.00 feet;
3) South 89°45'21" East 150.19 feet;
4) South 89°48'33" East 716.81 feet;
5)North 05°34'33" West 10.05 feet;
6) South 89°48'33" East 486.21 feet to a point on the west right of way line of Goodlette
Road as recorded in Plat Book 3, page 58, Public Records of Collier County, Florida;
thence along said line South 05°33'48" East 1767.02 feet;
thence leaving said line South 89°20'53"West 51.18 feet;
thence North 23°55'53" West 13.07 feet;
thence northwesterly, 30.71 feet along the arc of a circular curve concave to the
northeast, having a radius of 80.00 feet, through a central angle of 21°59'52" and being
subtended by a chord which bears North 12°55'57"West 30.53 feet;
thence North 05°00'53" West 31.56 feet;
thence North 36°19'20" West 32.02 feet;
thence North 56°04'35" West 35.11 feet;
thence North 80°39'15" West 32.53 feet;
thence North 88°39'12" West 97.78 feet;
thence North 86°04'40" West 45.79 feet;
thence North 89°49'48" West 132.77 feet;
thence North 69°40'10" West 37.23 feet;
thence South 89°20'53" West 142.47 feet;
thence South 84°59'26" West 24.66 feet;
thence South 74°56'50" West 121.32 feet;
thence South 79°49'59" West 45.93 feet;
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Packet Pg. 24 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to
the northeast, having a radius of 66.00 feet, through a central angle of 39°30'16" and
being subtended by a chord which bears North 80°24'53" West 44.61 feet to a point of
compound reverse curvature;
thence northwesterly, 52.92 feet along the arc of a circular curve concave to the
southwest, having a radius of 150.00 feet, through a central angle of 20°12'57" and being
subtended by a chord which bears North 70°46'13" West 52.65 feet;
thence North 80°52'42" West 36.59 feet;
thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to
the southeast, having a radius of 80.00 feet, through a central angle of 33°04'14" and
being subtended by a chord which bears South 82°35'11" West 45.54 feet to a point of
compound curvature;
thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to
the northwest, having a radius of 60.00 feet, through a central angle of 36°26'19" and
being subtended by a chord which bears South 84°16'14" West 37.52 feet to a point of
compound reverse curvature;
thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to
the southwest, having a radius of 305.00 feet, through a central angle of 12°55'59" and
being subtended by a chord which bears North 83°58'36" West 68.70 feet;
thence South 89°33'25" West 18.36 feet;
thence South 89°39'19" West 71.63 feet;
thence North 89°34'56" West 36.03 feet;
thence South 86°06'41" West 42.94 feet;
thence South 83°44'16" West 26.23 feet;
thence South 51°01'13" West 27.49 feet;
thence South 33°25'50" West 19.95 feet;
thence South 15°40'05" West 20.54 feet;
thence South 10°54'39" West 34.64 feet;
thence South 89°20'14" West 101.06 feet;
thence North 10°46'06" East 101.42 feet;
thence North 89°20'53" East 65.45 feet;
thence North 00°39'07" West 100.64 feet;
thence South 89°20'53" West 503.78 feet;
thence North 00°39'07" West 27.71 feet;
thence North 72°58'55" West 131.30 feet;
thence North 02°08'56" West 1473.29 feet to a point on the south right of way line of
said Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein
described;
Containing 69.48 acres more or less;
Subject to easements and restrictions of record.
Bearings are assumed and based on the north line of said Section 27 being South
89°49'40" East.
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
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PL20190002850 CPUD Amendment 1-2 July 21, 2021
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Packet Pg. 25 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
being more particularly described as follows;
Commencing at the northeast corner of said Section 27;
thence along the east line of said Section 27, South 01°09'43"East 125.00 feet to a point
on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF
BEGINNING of the parcel herein described;
thence continue along said east line South 01°09'43" East 1189.62 feet;
thence leaving said line South 89°48'50"West 677.35 feet;
thence South 05°35'39" East 886.02 feet;
thence South 89°48'50" West 400.00 feet to a point on the easterly right of way line of
Goodlette Frank Road as Recorded in Plat Book 13,page 58, Public records of Collier
County, Florida;
thence along said line North 05°35'39"West 2088.10 feet to a point of the south right of
way line of said Immokalee Road (S.R. 846);
thence along said line South 89°49'40" East 1168.55 feet;
thence continue along said line South 89°12'58" East 1.85 feet to the POINT OF
BEGINNING of the parcel herein described;
Containing 38.9 acres more or less;
Subject to easements and restrictions of record.
Bearings are assumed and based on the north line of said Section 27 being South
89°46'26" East.
LESS
A PORTION OF TRACTS "R" AND "L1" CREEKSIDE COMMERCE PARK WEST-UNIT
ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT "R" (CREEKSIDE WAY)
CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT
PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE RUN SOUTH 89°45'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY OF
IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51"
WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A
DISTANCE OF 117.20 FEET;THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF
119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE
COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID
CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00°07'39"
EAST,ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE
NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'O1" WEST,
ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT
ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02°19'57"
WEST,ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE
POINT OF BEGINNING; CONTAINING 2.32 ACRES,MORE OR LESS.
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Packet Pg. 26 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
1.3 PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership or control of Barron Collier
Partnership,or its assigns,whose address is 2640 Golden Gate Parkway,Naples,FL 34105.
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 27, Township 48 South, Range 25 East, and is
generally bordered on the west by Agriculturally zoned and developed property; on
the north, across Immokalee Road by office and medical (North Collier Hospital)
PUD zoned and developed property; on the east by Medical Office Park currently
under development, County Park and County Wastewater Treatment Facility; and
on the south by PUD and County Wastewater Treatment Facility. The location of
the site is shown on Exhibit A Aerial Photograph, Location Map.
B. The zoning classification of the subject property at the time of PUD application is
I (Industrial) and A (Agricultural).
C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm
Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park
property is located within Zones "AE-11" of the FEMA flood insurance rate.
D. The soil types on the site generally include Riviera limestone substratum, Copeland
fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine
sand, Riveria fine sand, Ft. Drum and Malabar fine sand, and Satellite fine sand.
E. Prior to development, vegetation on the site primarily consists of active croplands
and small amounts of pine flatwoods. An isolated wetland system is located along
the south side of Immokalee Road west of Goodlette-Frank Road. This wetland
consists primarily of Brazilian pepper that surrounds a small willow area. The
wetland on the east side of Goodlette-Frank Road consists primarily of cabbage
palms. A portion of the historic water course within this wetland has been
channelized. Brazilian pepper has infested the northern part of this wetland.
F. The project site is located within the Pine Ridge Canal and West Branch
Cocohatchee River sub-basins, as depicted within the Collier County Drainage
Atlas (July, 1995).
1.5 DEVELOPMENT OF REGIONAL IMPACT
Creekside Commerce Park does not meet the minimum thresholds for a Development of
Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 2016, in that it is at
or below 80% of all numerical thresholds in the guidelines and standards set forth therein.
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Packet Pg. 27 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for Creekside
Commerce Park (park), and to identify relationships to applicable County ordinances,
policies, and procedures.
2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES
A. Creekside Commerce Park will consist of predominately industrial, warehouse,
wholesale, financial institutions, business and office uses, with limited amounts of
residential and retail uses. Creekside Commerce Park shall establish project-wide
guidelines and standards to ensure a high and consistent level of quality for
proposed features and facilities.
B. A Land Use Summary indicating approximate land use acreages is shown on the
Master plan. The location, size, and configuration of individual tracts shall be
determined at the time of Preliminary Subdivision Plat approval with minor
adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2.
of the Collier County Land Development Code (LDC).
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Creekside Commerce Park shall be in accordance
with the contents of this PUD Ordinance, and to the extent they are not inconsistent
with this PUD Ordinance, applicable sections of the LDC and Collier County
Growth Management Plan which are in effect at the time of issuance of any
development order. Where this PUD Ordinance does not provide developmental
standards, then the provisions of the specific section of the LDC that is otherwise
applicable shall apply to which said regulations relate.
B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the LDC in
effect at the time of development order application.
C. Development permitted by the approval of this PUD will be subject to the Adequate
Public Facilities Ordinance, Division 3.15 of the LDC.
D. All conditions imposed herein or as represented on the Creekside Commerce Park
Master Plan are part of the regulations which govern the manner in which the land
may be developed.
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Packet Pg. 28 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall
apply to Creekside Commerce Park, except where an exemption is set forth herein
or otherwise granted pursuant to LDC Section 3.3.4.
F. The Developer shall submit to the County an annual PUD monitoring report in
accordance with LDC Section 2.7.3.6.
2.4 COMMUNITY DEVELOPMENT DISTRICT
A. The Developer may elect to establish a Community Development District (CDD)
pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain
infrastructure and community facilities needed to serve the park. A CDD would
constitute a timely, efficient, effective, responsive and economic way to ensure the
provision of facilities and infrastructure for the proposed development. Such
infrastructure as may be constructed, managed and financed by the CDD shall be
subject to, and shall not be inconsistent with, the Collier County Growth
Management Plan and all applicable ordinances dealing with planning and
permitting of Creekside Commerce Park.
B. The land area is amenable to infrastructure provision by a district that has the
powers set forth in the charter of a Community Development District under Section
190.006 through 190.041,Florida Statutes. Such a district is a legitimate alternative
available both to the County and to the landowner for the timely and sustained
provision of quality infrastructure under the terms and conditions of County
development approval.
2.5 LAND USES
A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes
and variations in building tracts, location and acreage of these uses shall be
permitted at preliminary subdivision plat approval, preliminary site development
plan approval and final site development plan approval to accommodate utilities,
topography, vegetation, and other site and market conditions, subject to the
provisions of Section 2.7.3.5. of the Collier County LDC. The specific location
and size of individual tracts and the assignment of square footage or units shall be
determined at the time of site development plan approval.
B. Roads and other infrastructure may be either public, private or a combination of
public and private, depending on location, design and purpose. The request for a
road to be public shall be made by the Developer at the time of final subdivision
plat approval. The Developer or its assignees shall be responsible for maintaining
the roads, streets, drainage, common areas, water and sewer improvements where
such systems are not dedicated to the County. Standards for roads shall be in
compliance with the applicable provisions of the County Code regulating
subdivisions, unless otherwise approved during subdivision approval. The
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PL20190002850 CPUD Amendment 2-2 July 21, 2021
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Packet Pg. 29 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
Developer reserves the right to request substitutions to Code design standards in
accordance with Section 3.2.7.2. of the LDC.
2.6 LAKE SITING
A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal
of this Master Plan is to achieve an overall aesthetic character for the park,to permit
optimum use of the land, and to increase the efficiency of the water management
network. Fill material from lakes is planned to be utilized within the park; however,
excess fill material may be utilized off-site. The volume of material to be removed
shall be limited to ten percent of the calculated excavation volume to a maximum
of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial
excavation permit will be required. Final lake area determination shall be in
accordance with the South Florida Water Management District stormwater criteria
and Section 3.5.7. of the LDC.
1.Setbacks: Excavations shall be located so that the control elevation shall
adhere to the following minimum setback requirements, subject to approval
of County staff at time of final construction plan approval:
a) Twenty feet (20') from right-of-way of internal roads. The roads
will be designed to (AASHTO)road standards and shall incorporate
such factors as road alignment, travel speed, bank slope, road cross
sections, and need for barriers.
b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road
rights-of-way. Perimeter property lines will have a setback of
twenty feet (20'). The roads will be designed to (AASHTO) road
standards and shall incorporate such factors as road alignment,
travel speed, bank slope, road cross sections and need for barriers.
2.7 FILL STORAGE
A. Fill storage is generally permitted as a principal use throughout the Creekside
Commerce Park PUD. Fill material generated from properties owned or leased by
the Developer may be transported and stockpiled within areas which have been
disturbed. Prior to stockpiling in these locations, the Developer shall notify the
Community Development and Environmental Services Administrator per Section
3.2.8.3.6. of the LDC. The following standards shall apply:
1.Stockpile maximum height: Thirty-five feet (35')
2.Fill storage areas in excess of five feet(5') in height shall be separated from
developed areas by fencing, excavated water bodies or other physical
barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1).
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PL20190002850 CPUD Amendment 2-3 July 21, 2021
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Packet Pg. 30 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
a) Soil erosion control shall be provided in accordance with LDC
Division 3.7.
2.8 USE OF RIGHTS-OF-WAY
Utilization of lands within all park rights-of-way for landscaping, decorative entrance
ways, and signage shall be allowed subject to review and administrative approval by the
Developer and the Community Development and Environmental Services Administrator
for engineering and safety considerations during the development review process.
2.9 SALES OFFICE AND CONSTRUCTION OFFICE
Sales offices, construction offices, and other uses and structures related to the promotion
and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall
be permitted principal uses throughout Creekside Commerce Park. These uses may be
either wet or dry facilities. These uses shall be subject to the requirements of Section
2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the
temporary use permit shall be valid through the life of the project with no extension of the
temporary use required. These uses may use septic tanks or holding tanks for waste
disposal subject to permitting under F.A.C. 1 OD-6 and may use potable water or irrigation
wells.
2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
A. Changes and amendments may be made to this PUD Ordinance or PUD Master
Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements
as described herein may be made by the Developer in connection with any type of
development or permit application required by the LDC.
B. The Community Development and Environmental Services Administrator shall be
authorized to approve minor changes and refinements to the Creekside Commerce
Park Master Plan upon written request of the Developer or his assignee.
C. The following limitations shall apply to such requests:
1) The minor change or refinement shall be consistent with the Collier County
Growth Management Plan and the Creekside Commerce Park PUD
document.
2) The minor change or refinement shall not constitute a substantial change
pursuant to Section 2.7.3.5.1. of the LDC.
3) The minor change or refinement shall be compatible with external adjacent
land uses and shall not create detrimental impacts to abutting land uses,
Words struck through are deleted; words underlined are added.
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Packet Pg. 31 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
water management facilities, and conservation areas within or external to
the PUD.
D. The following shall be deemed minor changes or refinements:
1) Reconfiguration of lakes, ponds, canals, or other water management
facilities where such changes are consistent with the criteria of the South
Florida Water Management District and Collier County.
2) Internal realignment of rights-of-ways.
3) Reconfiguration of parcels per Section 5.5 of this PUD.
E. Minor changes and refinements as described above shall be reviewed by
appropriate Collier County staff to ensure that said changes and refinements are
otherwise in compliance with all applicable County Ordinances and regulations
prior to the Community Development and Environmental Services Administrator's
consideration for approval.
F. Approval by the Community Development and Environmental Services
Administrator of a minor change or refinement may occur independently from and
prior to any application for Subdivision or Site Development Plan approval,
however such approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining all other
necessary County permits and approvals.
2.11 PRELIMINARY SUBDIVISION PLAT PHASING
Submission, review, and approval of Preliminary Subdivision Plats for the park may be
accomplished in phases to correspond with the planned development of the property.
2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS
The PUD will fully comply with all sections of the LDC and meet the requirements of the
Growth Management Plan relating to open space and retention of native vegetation.
2.13 SURFACE WATER MANAGEMENT
In accordance with the Rules of the South Florida Water Management District(SFWMD),
Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day
duration and 25-year return frequency. The lake originally approved as Lake L-1,
Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the
approved plat and approved South Florida Water Management District Permit.
Words s tek-through are deleted; words underlined are added.
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Packet Pg. 32 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
2.14 ENVIRONMENTAL
Vegetation shall be retained in accordance with the criteria established in the Conservation
and Coastal Management Element of the GMP and Section 3.05.00 of the LDC.
2.15 UTILITIES
A. All necessary easements,dedications,or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities in compliance with
applicable regulations in effect at the time approvals are requested.
B. The owner shall convey to Collier County a County Utility Easement (CUE) no
less than 15 feet in width for construction of an irrigation quality(IQ)main through
the PUD west of Goodlette-Frank from the North County Water Reclamation
Facility to the existing IQ main on Immokalee Road. The requested CUE shall be
provided in a mutually agreeable location, deemed acceptable by both the Owner
and the Public Utilities Planning and Project Management Division, prior to
approval of the next development order west of Goodlette-Frank Road. The CUE
shall be conveyed to Collier County and the Collier County Water Sewer District
at no cost to County, free and clear of all liens and encumbrances.
2.16 TRANSPORTATION
A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee
Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall
be in place prior to the issuance of any Certificates of Occupancy for a use that
utilizes the perspective/associated entrance.
B. There shall be a full access intersection at the park's southern entrance on Goodlette
Frank Road. When justified by traffic warrants,this intersection shall be signalized,
notwithstanding its proximity to Immokalee Road.
C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on
the Creekside Commerce Park Master Plan.
D. Arterial level street lighting shall be provided by the Developer at the park's main
entrance in conjunction with the development of this entrance.
E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92-
22, as amended.
F. The Developer shall provide the appropriate easements or reserve right of way so
that the southerly access road west of Goodlette Frank Road may be interconnected
to the properties to the west of Creekside Commerce Park.
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Packet Pg. 33 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
G. The Developer shall provide a fair share contribution toward the capital cost of
traffic signals at any project access when deemed warranted by Collier County.
The signal shall be owned, operated and maintained by Collier County.
H. The Developer agrees to complete construction of the segment of internal roadway
that connects Goodlette-Frank Road to the I/C parcel (herein called "southern
parcel")that is west of Goodlette Road and abuts Pelican Marsh prior to the first of
the following to occur:
1) The issuance of a certificate of occupancy for the "southern parcel";
2) The issuance of a certificate of occupancy on the second business parcel to
be developed west of the Pine Ridge Drainage Easement;
3) Within 3 years of approval of this PUD; or
4) Within 9 months of obtaining"grant"money or other funds for construction
of such infrastructure from an outside source.
I.The I/C parcels west of the Pine Ridge Drainage Easement and immediately north
of the south road shall connect for service and employee access at the time that the
south road is extended to a point that they may connect.
J.The Developer agrees to provide the County with an update of the Transportation
Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat
or Site Development Plan.
K. The Goodlette-Frank Road southernmost access to the I/C parcel east of Goodlette-
Frank Road shall be limited to a right-in/right-out access.
L. The maximum trip generation allowed by the proposed uses both primary and
ancillary may not exceed 2,045 (external to the PUD,per TIS dated 09/16/2016 and
07-07-2017 as amended) PM Peak Hour, two-way trips.
M. The owner, its successors, or assigns, shall construct a 5-foot wide sidewalk within
the Florida Power&Light (FPL)easement, subject to approval by FPL on the west
side of Creekside Street and the south side of Creekside Parkway along/within folio
29331193049 to connect to the existing sidewalk along Creekside Parkway. The
construction plans for the sidewalk and the letter request to FPL shall be completed
and mailed prior to the issuance of a Certificate of Occupancy for the proposed
Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan. The
construction of the sidewalk shall be completed no later than one year following
FPL's approval.
N. Due to the removal of a portion of the Creekside Boulevard minor collector
roadway and re-routing of traffic, the owner, its successors, or assigns, shall design
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Packet Pg. 34 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
and construct the re-routed roadway to adequately accommodate AASHTO
Interstate Semitrailer (WB-62) standards and provide access to existing postal
service truck traffic prior to the removal of a portion of Creekside Boulevard. The
design and construction shall be at no cost to Collier County. Any additional right-
of-way easements required by County for a public road pursuant to County
standards shall be dedicated to the County, free and clear of all liens and
encumbrances without County maintenance responsibility. Such dedication shall
occur prior to the issuance of the Certification of Occupancy for the proposed
Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan and
prior to the removal of a portion of Creekside Boulevard. The owner, its successor,
or assigns, shall also accept ownership of the entire length of Creekside Boulevard
with all maintenance responsibilities.
2.17 COMMON AREA MAINTENANCE
Most common area maintenance will be provided by the CDD or by a Property Owner's
Association (POA). The CDD or the POA, as applicable, shall be responsible for the
operation,maintenance,and management of the surface water and stormwater management
systems and reserves serving Creekside Commerce Park,in accordance with any applicable
permits from the South Florida Water Management District.
2.18 DESIGN GUIDELINES AND STANDARDS
A. The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of relatively large tracts of land under unified ownership as set forth
in the LDC, Section 2.2.20.
B. Creekside Commerce Park is planned as a functionally interrelated business park
under unified control. The Developer will establish community-wide guidelines
and standards to ensure a high level of quality for both the common areas and the
individual parcel developments.
C. These guidelines will serve as a control for individual parcel development, and be
referred to as The Declaration of Covenants, Conditions and Restrictions for
Creekside Commerce Park. The level of quality defined in this document is
directed towards the creation of an attractive business environment, and these
standards are the basis for evaluation of projects submitted for review to the
Property Association's Architectural and Landscaping Committee, referred to as
the ALC. The standards in this document will include criteria for site planning,
architectural design, lighting, landscaping, and graphics and signage.
D. The specific design guidelines will act as supplemental standards to the
requirements of this Planned Unit Development Ordinance, and other County
codes, but in no way supersede them.
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PL20190002850 CPUD Amendment 2-8 July 21, 2021
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Packet Pg. 35 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
1.Common Areas
The master design of the park's entries and signage, streetscapes, and open space
areas will form a harmonious framework that visually links the entire park together.
This unified appearance will enhance the image of the entire community. Internal
roadways will provide efficient vehicular circulation with streetscapes that create
pleasant neighborhood environments. Streetscape plans will be designed to
establish a hierarchy of landscape improvements appropriate in scale and character
with the function of the street and adjacent land uses. Along these streetscapes a
pedestrian walkway system will be established to link each project with the overall
community.
2.Individual Projects
A. Site Planning: Each individual parcel project will provide a visually
appealing, articulated, identifiable path of entry for pedestrians and
vehicles from the street to the site and from the site to the buildings
themselves. The orientation of a building or structure upon a site will
not only reflect the project's functional need, but will also be
responsive to the individual parcel's characteristics and be sensitive
to adjacent land uses and the surrounding community.
B. Architectural standards: The objective of the architectural standards
will be to promote the creation of an attractive, value-apparent
business environment. Design elements throughout a project must be
consistent with the nature of the chosen style and building materials
selected. Project design should endeavor to adhere to the classical
principles of design and avoid clichés, overly complex or garish
motifs, while seeking to invoke a"timeless" quality.
C. Lighting: The guidelines for lighting will establish a continuity of
design for all lighting in the park which is consistent with the overall
visual impression of the park.
D. Landscaping: The purpose of landscape design guidelines within
individual projects is to guide development toward harmonious and
visually pleasing landscape that is cohesive with the overall master
landscape plan. The Creekside landscape concept will have a
naturalistic theme. Similar to the overall project's plant palette,
individual sites will be dominated with plants that are native, xeric, or
naturalized within Southwest Florida. Landscape designs will create
a coherent theme which emphasizes plant material as a primary
unifying element.
1. Landscape elements along public R.O.W.s will be
complimentary to streetscape landscaping. Parcel entries will be
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PL20190002850 CPUD Amendment 2-9 July 21, 2021
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Packet Pg. 36 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
designed to harmonize with adjacent streetscape landscaping,
and clearly accentuate, the parcel entry.
2. Individual parking lots will be screened from the roadways as
much as possible, without obscuring views of the building
entrances. In addition, plant materials used around main
entrances of buildings will visually cue visitors to their location.
E. Graphics/signage: The guidelines serve to provide continuity of
design for all signage in the park which is consistent with the overall
visual impression of the park. Parcel signage serves the identification
needs of the individual tenants and user.
2.19 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Creekside Commerce Park. Required buffer treatments shall terminate at
entrances to accommodate entrance treatments and at lakes to accommodate views into the
park. The following standards shall apply:
A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the
time of subdivision improvement per construction phase and will have the
following characteristics:
1) Minimum width of 20'-0", measured from the R.O.W.
2) Adjacent to Business District type uses within the Business District, trees will
be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.),
planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In
addition, a continuous 24" high shrub hedge shall be provided within the 20'
buffer.
B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at
the time of subdivision improvement per development phase and will have the
following characteristics:
1) Minimum width of 20'-0", measured from the R.O.W.
2) Adjacent to Business District type uses, including residential, within the
Business and Industrial/Commerce (I/C)Districts, trees will be native, xeric, or
naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12'
O.A.,with a 6' spread. At the time of individual lot improvements,hedges will
be placed at parking lot edges to satisfy the requirements of LDC Section
2.4.7.4.
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PL20190002850 CPUD Amendment 2-10 July 21, 2021
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Packet Pg. 37 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
3) Adjacent to industrial type uses within the Industrial/Commerce District, trees
will be native, xeric or naturalized canopy trees, spaced at 25' O.C., planted at
an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm,
3 feet high and supplemented with a 5 foot high hedge consisting of but not
limited to the following plant material: coco plum, viburnam, ficus. The intent
will be to obtain 80% opacity within one year of planting for travelers on
Goodlette-Frank Road.
C. Landscape buffers surrounding the perimeter of the park will be installed at the time
of subdivision improvement per construction phase. The buffers are referenced on
Exhibit B, and proceed in a clockwise direction from the northeast corner of the
project as follows:
1) The landscape buffer along the eastern most property boundary, north of the
preserve area, as depicted on Exhibit B, shall consist of an Alternative"A"type
buffer. Any preservation areas within this buffer may be credited toward
buffering requirements.
2) The preserve area along the balance of the eastern most property boundary will
serve as the buffer between uses.
3) The Developer will provide a five feet (5') wide Alternative "A" type buffer
with trees planted fifty feet (50') on center between the business use and the
preserve/lake area, as depicted on Exhibit B.
4) The Developer will provide a five feet(5')wide Alternative"A"type landscape
buffer with trees planted fifty feet (50') on center along the eastern property
boundary contiguous to the Collier County Sewage Treatment Plant.
5) The landscape buffer along the southern most property boundary, east of
Goodlette-Frank Road, shall be a five feet(5')wide Alternative"A"type buffer
with trees planted fifty feet (50') on center. An opaque hedge six feet (6')high
will be planted to supplement the existing oak tree buffer planted by the County
at the Collier County Sewage Treatment Plant.
6) The existing landscape berm/buffer from Goodlette Frank Road to the west side
of the Pine Ridge Drainage Easement will be supplemented as follows: a type
A" buffer along the proposed lake; and the remaining area westward of the
lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus
nitida 12'-13' O.A. and 6'-8' wide; locations to be coordinated with the
adjacent property owner.
7) The Developer will provide a ninety percent (90%) opaque landscape buffer
and berm between the I/C District and the Pelican Marsh PUD from the west
side of the Pine Ridge Drainage Easement to the existing berm to the west,that
approximates the existing Pelican Marsh berm/buffer. This buffer will be
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PL20190002850 CPUD Amendment 2-11 July 21, 2021
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Packet Pg. 38 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
installed concurrent with any I/C construction west of the Pine Ridge Drainage
Easement. The buffer shall meet ninety percent (90%) opacity within one (1)
year of planting.
8) The Developer will supplement with additional trees the buffer along the
remaining portion of the southern property line westward to achieve a ninety
percent (90%) opaque buffer. This buffer will be installed concurrent with any
I/C construction west of the Pine Ridge Drainage Easement.
9) The landscape buffer between the I/C District and the adjacent Agricultural
District along the southern portion of the western property line will be an
Alternative "A" type buffer.
10)The landscape buffer between the R.O.W. and the adjacent Agricultural District
to the west will be an Alternative "A" type buffer and be incorporated into the
R.O.W.
D. Maximum fence or wall height internal to the PUD: Twelve feet (12').
E. Landscape buffers, berms, fences and walls will be constructed along the perimeter
of the Creekside Commerce Park PUD boundary concurrent with subdivision and
site development construction phase, except where noted in this document.
F.Sidewalks, water management systems, drainage structures, and utilities may be
allowed in landscape buffers pursuant to review and approval of the Development
Services Administrator.
G. Landscape berms located within the Creekside Commerce Park PUD boundary and
contiguous to a property line and/or right-of-way line may be constructed such that
the toe of slope is located on the property line and/or encroaches into the right-of-
way line when approved by the applicable owner or agency.
2.20 SIGNAGE
A. GENERAL
1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide
for the required comprehensive sign plan for the Creekside Commerce Park
2) Each platted parcel shall be considered a separate parcel of land.
3) Signs and decorative landscaped entrance features within a County dedicated
right-of-way, shall require a right-of way permit subject to the review and
approval of the County.
4) All signs shall be located so as not to cause sight line obstructions.
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PL20190002850 CPUD Amendment 2-12 July 21, 2021
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Packet Pg. 39 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
B. PARK ENTRY SIGNS
1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will
not exceed 160 square feet in size on any side and signs will be no longer than
25 feet in length and 8 feet in height.
2) Minor park entry signs shall be located as depicted Exhibit B. Each minor
monument sign will not exceed 100 square feet in size on any side. Minor
monument signs will be no larger than 20 feet in length and 8 feet in height.
C. INTERNAL SIGNS
1) Directional or identification signs are allowed within the business park. Such
signs may be used to identify the location or direction of approved uses such as
sales centers, information centers, etc. Individual signs may be a maximum of
4 square feet per side in size, or signs maintaining a common architectural
theme may be combined to form a menu board with a maximum size of 25
square feet per side, and a maximum height of 8 feet. No building permit is
required unless such signs are combined to form a menu board.
2) Grand Opening signs: The Developer or parcel owner may display an on-site
grand opening sign not exceeding 32 square feet on a side, and not exceeding
64 square feet total. Banner signs shall be anchored and may be displayed on-
site for a period not exceeding 14 days within the first three months that the
Developer/occupant is open for business.
D. USER SIGNS
1) Wall, mansard, canopy or awning signs: One wall,mansard, canopy or awning
sign may be permitted for each single-occupancy facility, or for each
establishment in a multiple-occupancy facility. Corner units within multiple-
occupancy facilities, or multi-frontage single-occupancy facilities shall be
allowed two signs, but such signs shall not be combined for the purpose of
placing the combined area on one wall. However, the combined area of those
signs shall not exceed the maximum allowable display area for signs by this
ordinance.
a. The maximum allowable display area for signs may not be more than 15
percent of the total square footage of the visual facade of the building to
which the sign will be attached and may not, in any case, exceed 200 square
feet in area for any sign.
2) Monument and Pole signs: One (1) monument or pole sign is permitted for
each lot or parcel for each external and internal road frontage(s).
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PL20190002850 CPUD Amendment 2-13 July 21, 2021
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Packet Pg. 40 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
a. Internal road frontage setbacks: A minimum of fifteen feet (15') from the
edge of pavement. Signs may encroach within the right-of-way subject to
maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC
and when approved by the Community Development and Environmental
Services Administrator and applicable utility.
b. External road frontage setbacks: Pole signs shall be setback from any
external right-of-way in accordance with the applicable section of the LDC.
Monument signs may be permitted closer to the right-of-way subject to
maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC
and when approved by the Community Development and Environmental
Services Administrator and applicable utility.
c. Spot or floodlights may be permitted provided said light shines only on the
signs or landscaping and is shielded from motorists and adjacent residents.
d. Should the U.S. Postal Service purchase or lease land within Creekside
Commerce Park, in addition to the user signs as permitted herein, they will
be allowed one sign between Immokalee Road and the proposed lake
adjacent to the west entry.
E. TRAFFIC SIGNS
Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be
designed to reflect a common architectural theme, in accordance with Section
3.2.8.3.19. of the LDC.
2.21 GENERAL PERMITTED USES
A. Certain uses shall be considered general permitted uses throughout the Creekside
Commerce Park PUD except in the Preserve Area. General permitted uses are those
uses which generally serve the Developer and tenants of Creekside Commerce Park
and are typically part of the common infrastructure.
B. General Permitted Uses:
1.Essential services as set forth under LDC, Section 2.6.9.1.
2.Water management facilities and related structures.
3.Temporary sewage treatment facilities.
4.Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
5.Guardhouses, gatehouses, and access control structures.
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PL20190002850 CPUD Amendment 2-14 July 21, 2021
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Packet Pg. 41 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
6.Temporary construction, sales, and administrative offices for the Developer
and Developer's authorized contractors and consultants, including
necessary access ways, parking areas and related uses.
7.Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.11 of this
PUD.
8.Fill storage subject to the standards set forth in Section 2.7 of this PUD.
Site filling and grading as set forth in Section 2.7 of this PUD.
9.Outdoor recreation facilities, including but not limited to playfields and
fitness trails on areas not designated IC or B on the PUD Master Plan.
Stadiums shall be prohibited.
10. Any other use which is comparable in nature with the foregoing uses and
which the Community Development and Environmental Services
Administrator determines to be compatible.
11. Sidewalks may occur within County required buffers if approved by the
Community Development and Environmental Services Administrator.
12. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with the LDC
provision in effect at the time of Site Development Plan Approval.
2.22 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.
B. All other applicable state or federal permits must be obtained before
commencement of the development.
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PL20190002850 CPUD Amendment 2-15 July 21, 2021
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Packet Pg. 42 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
SECTION III
INDUSTRIAL/COMMERCE DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Creekside Commerce Park designated on the Master Plan as "I/C".
3.2 GENERAL DESCRIPTION
Areas designated as "I/C" on the PUD Master Plan are intended to provide a maximum of
709,100 square feet of Floor Area of industrial/commerce uses on 49.90 d 3± net acres.
Intermediate care (SIC Code 8052), parking garages, and group housing and hotel/motel
uses (SIC Code 7011) are in addition to the IC gross square footage figures. Wellness
Centers limited to employees and hotel guests within the PUD shall not exceed a maximum
of 40,000 s.f., and shall not be counted towards overall square footage. There shall be no
offsite memberships. The above referenced wellness center shall be located west of
Goodlette-Frank Road.
Notwithstanding the foregoing, the United States Postal Service parcel may use any
available square footage in the I/C District(excluding the 166,000 square feet added by the
October 2016 amendment) and the Business District up to a FAR of .35 on the United
States Postal Service Parcel until all available square footages are used up in the PUD.
3.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. The permitted principal uses and structures will generally consist of light
manufacturing, wholesale, warehouse, processing and packaging, laboratories and
clinics, research, design and product development, business services and corporate
offices and headquarters.
1.Aircraft Parts and Auxiliary Equipment (Group 3728)
2.Apparel and Other Finished Products (Groups 2311-2399)
3.Building Contractors (Groups 1521-1542), except for general contractors
for mobile home repair on site, modular housing and premanufactured
housing assembled on site, dry cleaning plant construction, paper pulp mill
construction, and truck and automobile assembly plant construction.
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PL20190002850 CPUD Amendment 3-1 July 21, 2021
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Packet Pg. 43 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
4.Business Services(Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352,
7359-7389 except for industrial truck rental and leasing; plants, live: rental
and leasing; toilets, portable: rental and leasing; employment agencies,
except theatrical and motion picture; labor contractors (employment
agencies)model registries; labor pools;manpower pools;modeling service;
dogs, rental of: for protective service; automobile recovery service;
automobile repossession service; bartering services for businesses;
bondspersons; bottle exchanges; check validation service; contractors
disbursement control; filling pressure containers (aerosol) with hair spray,
insecticides, etc.; fire extinguishers, service of gas systems, contract
conversion from manufactured to natural gas; metal slitting and shearing on
a contract or fee basis produce weighing service, not connected with
transportation; scrap steel cutting on a contract or fee basis; solvents
recovery service on a contract or fee basis; tobacco sheeting service on a
contract or fee basis)
5.Child Day Care Services (Group 8351)
6.Communications (Groups 4812-4899 not including major communications
towers related to cellular phone service, radio broadcasting, television
broadcasting, radar or telephone service)
7.Computer and Office Equipment (Groups 3571-3579)
8.Construction; Special Trade Contractors (Groups 1711-1799 except for
boiler erection and installation contractors; drainage system installations,
cesspool and septic tank contractors; fuel oil burner installation and
servicing contractors; gasoline hookup contractors; sewer hookups and
connection for buildings contractors; epoxy application contractors;
fireproofing buildings contractors; gasoline pump installation contractors;
lead burning contractors; and mobile home site setup and tie down
contractors)
9.Depository and Non-Depository Institutions (Groups 6011-6163)
10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives:
bulk,uncompounded;barbituric acid and derivatives: bulk,uncompounded;
cocaine and derivatives; codeine and derivatives; gland derivatives: bulk,
uncompounded; mercury chlorides,U.S.P; mercury compounds,medicinal:
organic and inorganic; morphine and derivatives; opium derivatives)
11. Educational Services (Groups 8249-8299 except construction equipment
operation schools; truck driving schools; automobile driving instruction;
survival schools; vocational counseling)
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PL20190002850 CPUD Amendment 3-2 July 21, 2021
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Packet Pg. 44 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612,
3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except
for airport lighting transformers, autotransformers, electric (power
transformers) distribution transformers, electric; electric furnace
transformers;lighting transformers,street and airport;transformers,reactor;
atom smashers (particle accelerators; electron beam metal cutting, forming,
and welding machines; electron linear accelerators; electrostatic particle
accelerators))
13. Engineering, Accounting, Research, Management and Related Services
Groups 8711-8748 except chemical laboratories, commercial research;
automobile proving and testing grounds; metallurgical testing laboratories;
pollution testing, except automotive emissions testing; radiation dosimetry
laboratories; seed testing laboratories; veterinary testing laboratories)
14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452,
3469, 3492, 3495, 3496, production of metal is prohibited)
15. Furniture and Fixtures Manufacturing (Groups 2511-2599)
16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-
9229, 9311, 9451, 9511-9532, 9611, 9631-9661)
17. Hotels / Motels (Group 7011), not to exceed a maximum of 349 rooms for
the entire PUD. Only 2 Hotels/Motels are permitted within the PUD. Only
one hotel/motel may be located east of Goodlette-Frank Road, and shall not
exceed 180 rooms, and only one hotel/motel may be located west of
Goodlette Frank Road. The hotel/motel west of Goodlette Frank Road shall
be located on Tract 6, not to exceed 169 rooms, is subject to specific
development standards and setbacks in Section 3.4.
18. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556,
3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting
machines for printing trades; foundry type for printing; presses, printing -
slugs printers'; ammunition and explosives loading machinery; brick
making machines; cement making machinery; chemical kilns; control rod
drive mechanisms for use on nuclear reactors; foundry machinery and
equipment; frame straighteners, automotive(garage equipment); fur sewing
machines; ginning machines, cotton; metal finishing equipment for plating,
except rolling mill lines; metal pickling equipment, except rolling mill
lines)
19. Leather and Leather Products (Groups 3131-3199)
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PL20190002850 CPUD Amendment 3-3 July 21, 2021
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Packet Pg. 45 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
20. Measuring,Analyzing,and Controlling Instruments;Photographic,Medical
and Optical Goods: Watches and Clocks Manufacturing (Groups 3812-
3843, 3845-3873)
21. Membership Organizations (Groups 8611-8631)
22. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for
dressing of furs: bleaching, blending, cuffing, scraping, and tanning;
feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs
dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping,
curing, tanning, bleaching and dyeing; plumes, feather; tear gas devices
and equipment; veils made of hair)
23. Motion Picture Production (Groups 7812-7819)
24. Motor Freight Transportation (Groups 4214, 4215)
25. Packing and Crating (Group 4783)
26. Paper and Allied Products (Groups 2652-2657, 2673-2679)
27. Personal Services (Groups 7213, 7216, 7219, 7221)
28. Physical Fitness Facilities (Group 7991)
29. Plastic Materials and Synthetics (Groups 2833,2834)
30. Printing, Publishing and Allied Industries (Groups 2711-2791)
31. Professional Offices: including but not limited to, Travel Agencies (Group
4724); Insurance Agencies(Group 6411);Insurance Carriers(Groups 6311-
6399); Real Estate (Groups 6512, 6514, 6517, 6519, 6531, 6541, 6552,)
32. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086,
3088, 3089)
33. Transportation Equipment (Group 3732, except for boats, fiberglass:
building and repairing; boats: motorboats, sailboats, rowboats, and canoes
building and repairing; houseboats, building and repairing; motorboats,
inboard and outboard: building and repairing)
34. United States Postal Service (Group 4311)
35. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas
storage,petroleum and chemical bulk stations and automobile dead storage)
only one (1) self-storage use allowed to be located adjacent to the Collier
County Sewage Treatment Plant.
36. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063-
5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale;
lumber: rough, dressed, and finished-wholesale; batteries, except
Words strue1f-through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 3-4 July 21, 2021
3.A.c
Packet Pg. 46 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
automotive-wholesale; storage batteries, industrial-wholesale; unit
substations-wholesale; boilers, power: industrial-wholesale; boilers, steam
and hot water heating-wholesale; burners, fuel oil and distillate oil-
wholesale; oil burners-wholesale)
37. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-
5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-
wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases,
animal and vegetable-wholesale; ice, manufactured or natural-wholesale,
leather and cut stock-wholesale; linseed oil-wholesale; oils,except cooking:
animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber,
crude-wholesale; sawdust-wholesale; vegetable cake and meal-wholesale;
wigs-wholesale; worms-wholesale)
38. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Development and
Environmental Services Administrator determines to be compatible in this
District.
B. Restricted Principal Uses
The following medical related uses must be located within a 1/4 mile radius of the
hospital property boundary.
1.Group housing for the elderly limited to Assisted living facilities,
independent living units, skilled nursing units and continuing care
retirement communities. A maximum of 400 aggregate beds shall be
permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and
4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank
Road.
2.Health Services, medical clinics and offices (Groups 8011-8049, 8052), a
maximum of 400 aggregate beds shall be permitted for the uses listed in
Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses
are limited to parcels located east of Goodlette-Frank Road.
3.Medical Laboratories and research and Rehabilitative Centers (Groups
8071-8092, 8099)
4.Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Development and
Environmental Services Administrator determines to be compatible in this
District.
Words struck gh are deleted; words underlined are added.
PL20190002850 CPUD Amendment 3-5 July 21, 2021
3.A.c
Packet Pg. 47 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
C. Permitted Accessory Uses and Structures:
1.Uses and structures that are accessory and incidental to uses permitted in
this district, including indoor and outdoor recreational facilities, including
but not limited to physical fitness facilities, playfields and fitness trails.
Stadiums shall be prohibited.
2.Retail and wholesale sales and/or display areas as accessory to the principal
use,not to exceed an area greater than forty percent(40%)of the gross floor
area of the permitted principal use.
D. Operational Requirements for Group Housing
Group housing uses described in Section 3.2.B.1 shall provide the following
services and/or be subject to the following operational standards:
1. The facility shall be for residents 55 years of age and older.
2. There shall be on-site dining for the residents.
3. Group transportation services shall be provided for residents for the
purposes of grocery and other types of shopping. Individual
transportation services may be provided for the residents' individualized
needs including but not limited to medical office visits.
4. There shall be an on-site manager/activities coordinator to assist residents
with their individual needs. The manager/coordinator shall also be
responsible for arranging trips to off-site events as well as planning for
lectures, movies, music and other entertainment for the residents at the
on-site clubhouse.
5. A wellness center shall be provided on-site. Exercise and other fitness
programs shall be provided for the residents.
6. Each unit shall be equipped to notify emergency service providers in the
event of medical or other emergency.
7. Each unit shall be designed to accommodate residents with physical
impairments (handicaps) as required by the applicable building codes and
federal law and regulation.
3.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 20,000 S.F.
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 3-6 July 21, 2021
3.A.c
Packet Pg. 48 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
B. Minimum Lot Width: 100 FT.
C. Minimum Yard Requirements:
1.Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty
feet (50'). For parcels located east of Goodlette-Frank Road, see additional
setback requirements in Section 3.4.C.7.a.
2.Front Yard, Internal: Thirty feet (30')
3.Side Yard: Ten feet (10')
Five feet (5') to internal property line along Pine Ridge canal
drainage easement and FP&L easement
4.Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise
twenty feet (20')
5.Rear Yard: Twenty-five feet (25')
6.Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet
50')
7.Minimum Building Setback from Existing Goodlette-Frank Road Right-of-
Way East of Goodlette-Frank Road:
a) Goodlette-Frank Road: Minimum of fifty feet (50'), except as
provided as follows:
i)For group housing for elderly and intermediate care use:
a) If the zoned height of any structure exceeds 50 feet,
the minimum setback is 75 feet plus for any portion
of a building exceeding fifty feet in zoned height an
increased setback at a 1:2 ratio (i.e., for one vertical
foot of height, setback is increased by two horizontal
feet) for that portion of the building over 50 feet of
height.
ii) For hotel/motel use:
a) Minimum setback of 75 feet regardless of height plus
for any portion of a building exceeding fifty feet in
zoned height an increased setback at a 1:2 ratio (i.e.,
for one vertical foot of height, setback is increased
Words lf- gh are deleted; words underlined are added.
PL20190002850 CPUD Amendment 3-7 July 21, 2021
3.A.c
Packet Pg. 49 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
by two horizontal feet) for that portion of the
building over 50 feet of height.
D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: fifty feet
50'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc.
Facilities located on Tract 5 on the Master Plan shall have a maximum zoned height
of one-hundred four (104') feet and a maximum actual height of one-hundred
twenty two(122')feet, For parcels east of Goodlette-Frank Road: the Hotel,group
housing for the elderly, and the intermediate care facility shall have a zoned height
seventy-five feet (75'), actual height eight-five feet (85'). All other uses permitted
east of Goodlette-Frank Road pursuant to Section III shall have a zoned height of
fifty feet (50') and an actual height of sixty feet (60').
E. Outside storage or display shall be permitted and shall be screened from all internal
and external public roadways with a fence or landscaping equivalent or
combination thereof. Said fence, wall or landscaped screen shall be opaque in
design. All manufacturing operations and equipment, including accessory process
equipment such as compressors and air handlers shall be contained in an enclosed
structure.
F. All I/C buildings shall meet the requirements of Section 5.05.08 of the LDC, except
for buildings located on Tract 5, and 6 on the Master Plan, which shall be subject
to the deviation process in Section 5.05.08 of the LDC (see Section 3.5.2,
Development Deviations, of this PUD Ordinance). The building located on Tract
5 shall be similar in architectural style to the conceptual building rendering in
Exhibit C.
G. Business District type uses located within the I/C District along Goodlette-Frank
Road will meet the Collier County Architectural Guidelines in Division 2.8. of the
LDC.
H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of
Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing
the landscaped buffer applicable to business uses fronting Goodlette-Frank Road,
provided the portion of the building facing Goodlette-Frank Road meets the
following Architectural Guideline Sections of the LDC, therefore satisfying the
intent of the building design section of the Architectural Guidelines in the opinion
of the Community Development and Environmental Services Administrator:
1.Section 2.8.3.5.1., Purpose and Intent
2.Section 2.8.3.5.4., Facade Standard
3.Section 2.8.3.5.6., Project Standards
Words struck t'rou^h are deleted; words underlined are added.
PL20190002850 CPUD Amendment 3-8 July 21, 2021
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Packet Pg. 50 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
4.Section 2.8.3.5.7., Detail Features except for 2.8.3.5.7.2.
5.Section 2.8.3.5.12.
I.Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican
Marsh boundary shall orient loading docks to the north, east or west.
J.Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of
7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59
a.m. and all of Sundays, as measured at the property boundary of the land use from
which the sound emanates.
K. Odor: No business shall cause or allow the emission of odorous air from any single
source such as to result in odors which are detectable outside the parcel boundaries.
Best practical treatment, maintenance, and control currently available shall be
utilized in order to maintain the lowest possible emission of odorous air.
L. Lighting: Lighting shall be located so that no light is aimed directly toward a
property designated residential if lighting is located within 200 feet of residential
property. Light fixtures within parking areas shall not exceed 25 feet in height.
M. Emissions: All sources of air emissions shall comply with rules set forth by the
Environmental Protection Agency (Code of Federal Regulations, Title 40) and the
Florida Department of Environmental Regulation (Florida Administrative Code,
Chapter 17-2). No person shall operate a regulated source of air emissions without
a valid operation permit issued by the Department of Environmental Regulation.
3.5 DEVELOPMENT DEVIATIONS
1.Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio
FAR) for group housing uses, to permit an FAR of .6 for group housing uses,
including the intermediate care facilities.
2.Deviation from LDC Section 5.05.08, Deviations and alternate compliance, which
authorizes the County Manager or designee to administratively approve deviations
from compliance with Section 5.05.08 of the LDC for specific types of buildings,
to allow general office and medical office, hotel and physical fitness facilities that
can be constructed on Tract 5 and 6 of the Master Plan to be eligible for this
deviation process.
3.Deviation from LDC Section 4.06.02.C.4., Type D Buffer, which requires a 10'
wide Type D buffer adjacent to rights of way, with trees spaced no more than 30'
on center,to permit the existing street trees planted along the west side of Creekside
Street to satisfy the minimum Type D buffer tree requirement of the eastern
boundary of Tract 5.
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 3-9 July 21, 2021
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Packet Pg. 51 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
3.6 LANDSCAPE BUFFER RESTRICTIONS
The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.B.2.
and B.3) are prohibited
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 3-10 July 21, 2021
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Packet Pg. 52 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
SECTION IV
BUSINESS DISTRICT
4.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within Creekside Commerce Park designated on the Master Plan as "B".
4.2 GENERAL DESCRIPTION
Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of
269,000 square feet of Floor Area, including approximately 219,000 square feet of office
uses -50,000 square feet of retail uses, and up to 300 multi-family rental apartments
within the 9.9+acre Creekside Commerce Park East Mixed Use Subdistrict of the Growth
Management Plan, shown on the Master Plan) on 22.9023.37± net acres. Intermediate
care facilities (SIC Code 8052), parking garages, and group housing and hotel/motel uses
SIC Code 7011) are in addition to the B District gross square footage figures. Wellness
Centers limited to employees and hotel guests within the PUD shall not exceed a maximum
of 40,000 s.f., and shall not be counted towards overall square footage. There shall be no
offsite memberships. The above referenced wellness center shall be located west of
Goodlette-Frank Road.
4.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1.Apparel and Accessory Stores (Groups 5611-5699)
2.Breweries (Group 2082)
3.Building Contractors (Groups 1521-1542), except for general contractors
for mobile home repair on site, modular housing and premanufactured
housing assembled on site, dry cleaning plant construction, paper pulp mill
construction, and truck and automobile assembly plant construction.
4.Business Services(Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352,
7359-7389 except for industrial truck rental and leasing; plants, live: rental
and leasing; toilets, portable: rental and leasing; employment agencies,
except theatrical and motion picture; labor contractors (employment
agencies)model registries; labor pools;manpower pools;modeling service;
dogs, rental of: for protective service; automobile recovery service;
automobile repossession service; bartering services for businesses;
Words are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-1 September 16, 2021
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Packet Pg. 53 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
bondspersons; bottle exchanges; check validation service; contractors
disbursement control; filling pressure containers (aerosol) with hair spray,
insecticides, etc.; fire extinguishers, service of gas systems, contract
conversion from manufactured to natural gas; metal slitting and shearing on
a contract or fee basis produce weighing service, not connected with
transportation; scrap steel cutting on a contract or fee basis; solvents
recovery service on a contract or fee basis; tobacco sheeting service on a
contract or fee basis)
5.Child Day Care Services (Group 8351)
6.Convenience Store, food market(Group 5411) only two (2) allowed within
the PUD and Gasoline Filling Station (Group 5541) only one (1) allowed
within the PUD.
7.Communications (Groups 4812-4899),not including major communication
towers related to cellular phone service, radio broadcasting, television
broadcasting, radar or telephone service.
8.Dance and Martial Arts Studios (Groups 7911 and 7999, including only
gymnastics and martial arts instruction)
9.Depository and Non-Depository Institutions (Groups 6011-6163) including
automatic teller machines
10. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives:
bulk,uncompounded;barbituric acid and derivatives:bulk,uncompounded;
cocaine and derivatives; codeine and derivatives; gland derivatives: bulk,
uncompounded;mercury chlorides,U.S.P;mercury compounds,medicinal:
organic and inorganic; morphine and derivatives; opium derivatives)
11. Dwelling Units, Multi-Family (within the 9.9± acre Creekside Commerce
Park East Mixed Use Subdistrict of the Growth Management Plan, shown
on the Master Plan)
12. Eating Places(Group 5812)not including stand alone drive-thru restaurants.
4-2713. Educational Services (Groups 8249-8299 except construction equipment
operation schools; truck driving schools; automobile driving instruction;
survival schools; vocational counseling)
1-3-14. Engineering, Accounting, Research, Management and Related Services
Groups 8711-8748 except chemical laboratories, commercial research;
automobile proving and testing grounds; metallurgical testing laboratories;
pollution testing, except automotive emissions testing; radiation dosimetry
laboratories; seed testing laboratories; veterinary testing laboratories)
Words k through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-2 September 16, 2021
3.A.c
Packet Pg. 54 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
4-415. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-
9229, 9311, 9451, 9511-9532, 9611, 9631-9661)
4-5-16. Hardware Stores (Group 5251)
4-6:17. Home Furniture, Furnishings and Equipment Stores (Groups 5712-5736)
4-7718. Hotels / Motels (Group 7011); not to exceed a maximum of 349 rooms for
the entire PUD. Only 2 hotels/motels are permitted within the PUD. Only
one hotel/motel may be located east of Goodlette-Frank Road, and shall not
exceed 180 rooms, and only one hotel/motel may be located west of
Goodlette Frank Road. The hotel/motel west of Goodlette Frank Road shall
be located on Tract 6, not to exceed 169 rooms, is subject to specific
development standards and setbacks in Section 4.4.
4-8,19. Miscellaneous Food Stores (Group 5499)
4-9-20. Miscellaneous General Merchandise Stores (Group 5399)
20.21. Miscellaneous Retail (Groups 5912-5949 and 5992-5999, excluding used
merchandise stores, fireworks, gravestones, tombstones and monuments,
ice dealers, sales barns, and swimming pools; retail)
2-1722. Paint/Glass and Wallpaper (Group 5231)
22.23. Personal Services (Groups 7215, excluding self-service or coin laundries,
7221-7251, 7291 and 7299, including only clothing rental, costume rental,
tanning salons and hair services)
23.24. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies
Group 6411); Insurance Carriers (Groups 6311-6399);Real Estate(Groups
6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other
Investment Offices (Groups 6712-6799); Attorneys (Group 8111)
24.25. Physical Fitness Facilities (Group 7991)
25.26. Retail Bakeries (Group 5461)
26.27. Security and Commodity Brokers (Groups 6211-6289)
27.28. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Development and
Environmental Services Administrator determines to be compatible in this
District.
B. Restricted Principal Uses
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-3 September 16, 2021
3.A.c
Packet Pg. 55 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
The following medical related uses must be located within 1/4 mile radius of the
hospital property boundary.
1.Group housing for the elderly limited to assisted living facilities,
independent living units, skilled nursing units and continuing care
retirement communities. A maximum of 400 aggregate beds shall be
permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and
4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank
Road.
2.Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store
allowed.
3.Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052), a
maximum of 400 aggregate beds shall be permitted for the uses listed in
Sections 3.3.B.1, 3.3.B.2,4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses are
limited to parcels located east of Goodlette-Frank Road.
4.Medical Laboratories and research and Rehabilitative Centers (Groups
8071-8099)
5.Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Development and
Environmental Services Administrator determines to be compatible in this
District.
C. Permitted Accessory Uses and Structures
1.Accessory uses and structures customarily associated with principal uses
permitted in this district, including indoor and outdoor recreational
facilities, including but not limited to physical fitness facilities, playfields
and fitness trails on areas not designated IC or B on the PUD Master Plan.
Stadiums shall be prohibited.
2.Retail and wholesale sales and/or display areas as accessory to the principal
use,not to exceed an area greater than forty percent(40%)of the gross floor
area of the permitted principal use.
3.Parking structure supporting dwelling units may be constructed on Tract 9.
D. Operational Requirements for Group Housing
Group housing uses described in Section 4.2.B.1 shall provide the following
services and/or be subject to the following operational standards:
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-4 September 16, 2021
3.A.c
Packet Pg. 56 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
1. The facility shall be for residents 55 years of age and older.
2. There shall be on-site dining for the residents.
3. Group transportation services shall be provided for residents for the
purposes of grocery and other types of shopping. Individual
transportation services may be provided for the residents' individualized
needs including but not limited to medical office visits.
4. There shall be an on-site manager/activities coordinator to assist residents
with their individual needs. The manager/coordinator shall also be
responsible for arranging trips to off-site events as well as planning for
lectures, movies, music and other entertainment for the residents at the
on-site clubhouse.
5. A wellness center shall be provided on-site. Exercise and other fitness
programs shall be provided for the residents.
6. Each unit shall be equipped to notify emergency service providers in the
event of medical or other emergency.
7. Each unit shall be designed to accommodate residents with physical
impairments (handicaps) as required by the applicable building codes and
federal law and regulation.
4.4 DEVELOPMENT STANDARDS
1. Non-Residential
A. Minimum Lot Area: 20,000 S.F.
B. Minimum Lot Width: 100 FT.
C. Minimum Yard Requirements:
1.Front Yard, Immokalee and Goodlette-Frank Roads: Fifty feet (50')
2.Front Yard, Internal Roads: Thirty feet (30'), except for parking structures
located on Tract 9, which shall be allowed to have a fifteen foot (15')
setback.
3.Side Yard: Ten feet (10')
Five feet (5') to internal property line along the Pine Ridge canal drainage
easement and FP&L easement
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-5 September 16, 2021
3.A.c
Packet Pg. 57 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
4.Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise
twenty feet (20')
5.Rear Yard: Twenty-five feet (25')
6.Minimum Building Setback from Perimeter Boundary of PUD for
Properties West of Goodlette-Frank Road:
a) Fifty feet (50') for buildings up to thirty five feet (35') in height.
b) Three additional feet (3') for every one foot of building height over
thirty five feet (35') adjoining residential districts.
7.For Properties East of Goodlette-Frank Road: Minimum Building Setback
from Perimeter Boundary of PUD and from Public Roadways:
a) Immokalee Road: Minimum of fifty feet (50') plus for any portion
of a building exceeding a zoned height of fifty feet(50'),that portion
of the building shall have its building setback increased at a 1:3 ratio
i.e. one (1') vertical foot of height for every three (3') horizontal
feet); or
For any portion of a hotel that may be constructed on the B
designated tract at the southeast corner of Goodlette-Frank Road and
Immokalee Road, a minimum three hundred fifty foot (350')
building setback from Immokalee Road.
b) Goodlette-Frank Road: Minimum of fifty feet (50') and for any
portion of a building exceeding a zoned height of fifty feet (50'),
that portion of the building shall have the setback increased at a 1:2
ratio(i.e. one(1')vertical foot of height for every two(2')horizontal
feet); or
For any portion of a hotel on the B designated tract on the southeast
corner of Immokalee Road and Goodlette-Frank Road, the
minimum setback from Goodlette-Frank Road shall be seventy-five
75') regardless of height.
D. Maximum Height(Zoned): For parcels west of Goodlette-Frank Road, three stories
over parking to a maximum of fifty feet (50') except that no structure shall be
greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage
Easement.
For Properties East of Goodlette-Frank Road:
Words Eck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-6 September 16, 2021
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Packet Pg. 58 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
a) The group housing for the elderly and intermediate care facilities
constructed on the B designated tract located at the southeast quadrant of
the Goodlette-Frank Road and Immokalee Road intersection shall have a
zoned height of sixty feet (60') and an actual height of seventy feet (70'),
except that a hotel building or structure associated with this use may not
exceed a zoned height of seventy five feet (75') and an actual height of
eighty five (85'). All other uses on Tract 9 on the Master Plan shall be
permitted to have a zoned height of seventy five feet (75') and an actual
height of eighty five (85')
b) The group housing for the elderly and intermediate care facilities
constructed on the easternmost B designated tract adjacent to Immokalee
Road, as shown on the Master Plan, shall have a zoned height of sixty feet
60') and an actual height of seventy feet (70').
c) All other uses permitted pursuant to Section IV shall be limited to a
maximum zoned height of fifty (50') and an actual height of sixty (60').
E. Commercial design guidelines for facilities in the Business District shall be subject
to the provisions of Division 2.8. Architectural and Site Design Standards and Site
Design Standards for commercial buildings and projects, except buildings located
on the southern portion of Tract 3. Buildings located in the southern portion of
Tract 3 as labeled on the Master Plan shall be subject to the deviation process in
Section 5.05.08 of the LDC (see Section 4.5.3, Development Deviations, of this
PUD Ordinance).
F. Outside storage or display shall be permitted and shall be screened from all internal
and external public roadways with a fence at least seven feet in height above ground
level, or landscaping equivalent or combination thereof. Said fence, wall or
landscaped screen shall be opaque in design.
2. Residential
PRINCIPAL STRUCTURES MULTI-FAMILY
Minimum Lot Area 1 acre
Minimum Lot Width N.A.
Minimum Lot Death N.A.
Minimum Front Yard Setback (Goodlette-Frank Road) 50 feet (1)
Minimum Side Yard Setback 10 feet
Minimum Rear Yard Setback 10 feet
Minimum from Creekside Blvd. E. (2)(4) 30 feet
Minimum Lake Maintenance Easement Setback 0 feet
Minimum PUD Boundary Setback 50 feet
Words struck— augh are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-7 September 16, 2021
3.A.c
Packet Pg. 59 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
Maximum Building Height
Zoned 95 feet
Actual 100 feet
Minimum Distance Between Buildings 20 feet
Floor Area Min. (S.F.), per unit 550 s.f.
ACCESSORY STRUCTURES
Minimum Front Yard Setback (Goodlette-Frank Road) 50 feet
Minimum Side Yard Setback 5 feet
Minimum Rear Yard Setback 10 feet
Minimum from Creekside Blvd. E. 15 feet (2)(4)
Minimum PUD Boundary Setback 15 feet
Minimum Distance Between Building 0/10 feet
Maximum Height (3)
Zoned 20 feet
Actual 25 feet
i1) For any portion of a building exceeding a zoned height of fifty feet (50'), that
portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (1')
horizontal foot setback for every two (2') vertical feet of height).
2) There shall be no required building setback from Creekside Boulevard East for a
pedestrian bridge and supporting infrastructure.
3) Not applicable to an elevated pedestrian bridge. Parking garage shall be subject to
building height per Section 4.4.D. a) above.
4) A free-standing parking garage may be constructed at fifteen feet (15') from
Creekside Boulevard East.
4.5 DEVELOPMENT DEVIATIONS
1.Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio
FAR) for group housing uses, to permit an FAR of .6 for group housing uses,
including the intermediate care facility.
2.Deviation from LDC Section 5.06.04.F.3 Directory signs, which authorizes one (1)
directory sign to be located at the project entrance, to permit installation of the
directory sign on Immokalee Road east of Goodlette-Frank Road, not at the project
entry, but rather at a location between the project entry and Goodlette-Frank Road.
3.Deviation from LDC Section 5.05.08.G, Deviations and alternate compliance,
which authorizes the County Manager or designee to administratively approve
deviations from compliance with Section 5.05.08 of the LDC for specific types of
buildings, to allow general office and medical office, hotel and physical fitness
facilities that can be constructed on the southern portion of Tract 3 of the Master
Plan to be eligible for this deviation process.
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-8 September 16, 2021
3.A.c
Packet Pg. 60 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
4.Deviation from LDC Section 4.06.02.C.2, "Table 2.4 Table
of Buffer Requirements by Land Use Classifications", which requires Residential
RMF-6,RMF-12,RMF-16)multifamily district/use adjacent to Commercial 3 (C-
1, C-2, C-3, C-4, C-5): Business Park (BP) district/use to provide a 15' wide type
B' landscape buffer, to allow no buffer between the proposed residential use and
the existing commercial use located to the north and a shared 15 foot wide type 'B'
buffer with the institutional use located to the south.
4.6 LANDSCAPE BUFFER RESTRICTIONS
The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.A.2
and B.2) are prohibited.
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-9 September 16, 2021
3.A.c
Packet Pg. 61 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
SECTION V
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area.
5.2 GENERAL DESCRIPTION
Areas designated as Preserve Area on the Master Plan are designed to accommodate natural
systems existing or created as preserves and limited water management uses and functions.
5.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Uses and Structures
1.Boardwalks and nature trails (excluding asphalt paved trails).
2.Water management structures.
3.Any other preserve and related open space activity or use which is
comparable in nature with the foregoing uses, permitted in accordance with
the LDC and which the Board of Zoning Appeals (BZA) or Hearing
Examiner determines to be compatible in the Preserve Area.
5.4 PRESERVE DISTRICT PRESERVATION EASEMENT
A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for
preservation lands included in the Preserve Area. The Developer, its successor or assign
shall be responsible for the control and maintenance of lands within the Preserve Area.
Exact location/boundary of the Preserve Area will be determined during the development
permitting process with the South Florida Water Management District, Army Corps of
Engineers, and Collier County.
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 5-1 July 21, 2021
3.A.c
Packet Pg. 62 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
5.5 PRESERVE AREA ADJUSTMENTS
The proposed native vegetation retention areas, depicted on the Creekside Commerce Park
Master Plan, are intended for meeting the native vegetation requirements of the Collier
County Growth Management Plan and the Collier County LDC. Adjustments may be made
to the location of the preservations areas at the time of preliminary plat or site development
plan approval. If adjustments are needed, per the Collier County LDC the Developer will
have the option to increase the preservation in another area, enhance and preserve another
area, or provide increased native landscape per the Collier County LDC. The proposed
preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on
the Creekside Commerce Park master plan, are areas where the native vegetation
requirements may be met on-site as set forth in the Collier County LDC.
Words Vie-through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 5-2 July 21, 2021
3.A.c
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EXHIBIT B1
CROSS SECTIONS (ENLARGED)
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3.A.c
Packet Pg. 66 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
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03.A.cPacket Pg. 67Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
November 3, 2021
Ms. Martha S. Vergara, Board Minutes & Records Dept.
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-35, which was filed in this office on November 3,
2021.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
3.A.c
Packet Pg. 68 Attachment: Attachment B Ord. 21-35 (20971 : PL20210002390 Creekside Commerce Park PDI)
PL20210002390 Creekside Commerce Park
November 9, 2021 Neighborhood Information Meeting Transcript
Page 1 of 3
Wayne Arnold: Good evening, I’m Wayne Arnold with Grady Minor and
Associates, and here representing Arthrex and Sharon Umpenhour
is with our firm, she’ll be recording the meeting, we’re required to
do that per Collier County regulations. Trent Lewis is here
representing Arthrex, he’s the facilities director. And Gabriela
Castro is here from Collier County government. Buzz, thank you
for joining us. We’re here to talk about an insubstantial change to
the Creekside PUD. Insubstantial changes are a form of an
amendment that’s allowed that goes through the Hearing Examiner
review process rather than to the Board of County Commissioners.
There’s some criteria for what is an insubstantial change and, in
this case, we’re adding some very minor texts about the PUD
document and the zoning master plan for it. We’re here to talk
about something… If you don’t mind me turning my back on it so
I can see the exhibit, Tract Seven is one of Arthrex’s holdings that
they’ve acquired, it has the existing office building that they
formally occupied there, they still occupy space, but their
headquarters has now moved into the building we’re in. The other
building was a college, and they’ve acquired that, and they’re
going to renovate that and use it for additional Arthrex employee
space. They also would like to build another building on the tract
and in order to make the building look like it fits in with the other
Arthrex buildings, we’re asking for it to be able to go through an
alternative architectural design process that was allowed for Tracts
five and six, which allows the hotel where it's existing and the
building we’re in tonight, which is Tract five. So, on the master
plan, you can see the PUD document, excuse me, we’re going to
say Tracts five, six, and seven, that are identified on the master
plan, would qualify for this alternative architectural review.
On the master plan, you can see that Tract seven is that one, and
so, as you come in off of Goodlette-Frank Road, you’re on
Creekside Blvd., it will terminate…right now, it essentially
terminates at the Tract seven that we’re talking about. And so, on
that tract, we’re not asking to change any uses, we’re not asking to
change any development standards, we’re just asking for it to be
allowed to be reviewed under the alternate architectural design
standards. This is a rendering and concept, and it’s probably
changed since we received this a couple of weeks ago from the
client, but they’re looking to do a very modern looking office
space, it’ll be a training center as well as some additional office
space. They do a lot of video production and things of that nature,
so, those would be uses that would be utilized in the building. The
reason that I think this image in the center, lower, represents why
3.A.d
Packet Pg. 69 Attachment: Attachment C NIM Documents0 (20971 : PL20210002390 Creekside Commerce Park PDI)
PL20210002390 Creekside Commerce Park
November 9, 2021 Neighborhood Information Meeting Transcript
Page 2 of 3
the architectural alternative process is necessary, the county would
require that building, for instance, to have some relief on the front
of it, and what Arthrex would do would be to utilize landscaping,
some other design elements, to break up the space. But again, it’s
going to be done under the existing development standards for the
PUD.
So, in a nutshell, that’s what we’re proposing to do, it’s something
that’s been done for the other two buildings that Arthrex owns, and
we think it makes sense for them to be able to use the process that
the County’s established for architectural review. So, with that, I’m
happy to take any questions. Okay, none from our one audience
member, anybody online have a question or comment?
Tyler Korn: Hi, yes, thank you. I’m sorry, maybe I missed it, but what is the
total height of the building going to be?
Wayne: Right now, the PUD allows buildings in that tract to be 50 ft. high.
Tyler: Fifty feet?
Wayne: And that’s remaining unchanged.
Tyler: And that’s for a two-story building?
Wayne: It doesn’t establish a maximum number of stories; it only
establishes the vertical height.
Tyler: I’m sorry, but is what is being proposed a two-story building?
Wayne: This rendering represents a two-story building, but again, it would
allow a building up to 50 ft. in height, whether it would be two
stories, potentially three stories.
Tyler: I see. So, we don’t know what the actual proposal is, right?
Wayne: This is not an actual proposal tonight; this is merely setting up the
concept for them to be able to go through the architectural process
that’s already in the Land Development Code.
Tyler: I see.
Wayne: Could I just ask your name for the record, just so we can record
that please?
3.A.d
Packet Pg. 70 Attachment: Attachment C NIM Documents0 (20971 : PL20210002390 Creekside Commerce Park PDI)
PL20210002390 Creekside Commerce Park
November 9, 2021 Neighborhood Information Meeting Transcript
Page 3 of 3
Tyler: Sure, Tyler Korn, on behalf of the Estates at Bay Colony.
Wayne: Okay, thank you.
Wayne: Any other comments or questions?
Tyler: So, I’m sorry, just for clarity, what is the minor deviation that’s
being sought from the PUD?
Wayne: The deviation is to allow Tract seven, which I highlighted on the
master plan, to go through an alternative architectural review
process. The building that we’re in physically, the new office
building that’s the headquarters for Arthrex, as well as their hotel,
also utilize that same alternate process. It allows them to do a few
things different architecturally, and tailor the building to look like
it’s part of their campus.
Tyler: I see. I see, okay. Well, thanks.
Wayne: Sure. So, if there are any other questions, please feel free to ask.
Just for some housekeeping, this will go to the hearing examiner,
we don’t have a hearing date established, but there will be other
notice that goes out. If you receive notice for this meeting, you will
receive notice from the county regarding the date of the hearing
examiner, and as always, as the county continues to review, they
may make, or suggest, minor revisions to how we’ve made the
applications, so, there could be some other refinement. So, I would
encourage you to contact Sharon Umpenhour, from our office, if
you would like to continue to get updates or if you need access to
the materials that are under review from the county.
We’ll be happy to provide links to you. And if you can see our
screen, that contact information is there. So, I don’t know if you
want to take a photo of that, or how you would like to do that, or
write any of the information down. Any other questions,
comments? If not, we’re going to adjourn. I appreciate the
questions and I appreciate you all following the item. Goodnight.
Tyler: Thanks so much.
[End of Audio]
Duration: 8 minutes
3.A.d
Packet Pg. 71 Attachment: Attachment C NIM Documents0 (20971 : PL20210002390 Creekside Commerce Park PDI)
PETITION: PL20210002390, Creekside Commerce Park PUD 29331193162 (PDI)
November 9, 2021 Neighborhood Information Meeting (NIM)
Project information and a copy of this presentation can be found on our website: gradyminor.com/planning
3.A.d
Packet Pg. 72 Attachment: Attachment C NIM Documents0 (20971 : PL20210002390 Creekside
PROJECT TEAM:
•RES Florida 1370 Holdings LLC –Applicant
•Trent Lewis, MBA, LEED AP, Director of Facilities & Corporate infrastructure –Arthrex, Inc.
•D. Wayne Arnold, AICP, Professional Planner –Q. Grady Minor & Associates, P.A.
•James A. Carr, P.E., Professional Engineer –Agnoli, Barber & Brundage, Inc.
•Mark Shannon, Sr. Project Manager –Studio+
*Please note, all information provided is subject to change until final approval by the governing
authority.
INTRODUCTION
2
3.A.d
Packet Pg. 73 Attachment: Attachment C NIM Documents0 (20971 : PL20210002390 Creekside
LOCATION MAP
3
TRACT 7
3.A.d
Packet Pg. 74 Attachment: Attachment C NIM Documents0 (20971 : PL20210002390 Creekside
Current Zoning:Creekside Commerce Park PUD
Approved Ordinance:2018-19 (April 24,2018)
Proposed Request:
•Modify Section 3.5,Development Deviations,Item 2.to include Tract 7
•Modify the Master Plan to add deviation notation to Tract 7.
PROJECT INFORMATION
4
3.A.d
Packet Pg. 75 Attachment: Attachment C NIM Documents0 (20971 : PL20210002390 Creekside
PROPOSED DEVIATION
5
SECTION III
INDUSTRIAL/COMMERCE DISTRICT
3.5 Development Deviations
2.Deviation from LDC Section 5.05.08,Deviations and alternate compliance,
which authorizes the County Manager or designee to administratively approve
deviations from compliance with Section 5.05.08 of the LDC for specific types of
buildings,to allow general office and medical office,hotel and physical fitness
facilities that can be constructed on Tract 5,and 6,and 7 of the Master Plan to
be eligible for this deviation process.
3.A.d
Packet Pg. 76 Attachment: Attachment C NIM Documents0 (20971 : PL20210002390 Creekside
APPROVED MASTER PLAN
6
3.A.d
Packet Pg. 77 Attachment: Attachment C NIM Documents0 (20971 : PL20210002390 Creekside
PROPOSED MASTER PLAN
7
3.A.d
Packet Pg. 78 Attachment: Attachment C NIM Documents0 (20971 : PL20210002390 Creekside
CONCEPTUAL BUILDING RENDERINGS
8
3.A.d
Packet Pg. 79 Attachment: Attachment C NIM Documents0 (20971 : PL20210002390 Creekside
CONCLUSION
Documents and information can be found online:
•Gradyminor.com/Planning
•Collier County GMD Public Portal: cvportal.colliercountyfl.gov/CityViewWeb
Next Steps
•Hearing sign(s) posted on property advertising Hearing Examiner (HEX) meeting dates.
•HEX-TBD
Contact:
•Q. Grady Minor & Associates, P.A.: Sharon Umpenhour, Senior Planning Technician;
sumpenhour@gradyminor.com or 239.947.1144 extension 1249
•Collier County Staff:
Gabriela Castro, AICP, Principal Planner; Gabriela.Castro@colliercountyfl.gov or (239) 252-4211
9
3.A.d
Packet Pg. 80 Attachment: Attachment C NIM Documents0 (20971 : PL20210002390 Creekside
CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 27, 2021
Page 8 of 15
Development Plan (SDP) or Plans and Plat (PPL), the development would be reviewed for
concurrency to ensure there is capacity either within the concurrency service area the development
is located within or in adjacent concurrency service areas.
Landscape Review: Landscape staff has reviewed the petition, the PUD Document, and the Master
Plan and is recommending approval.
Zoning and Land Development Review: The Creekside Commerce Park CPUD is an established
commerce park, which has been substantially developed and approved for 709,100 square feet of
industrial/commercial uses, 269,000 square feet of business district uses, a 400 bed assisted living
facility, and 349 hotel rooms.
The amendment to the Creekside Commerce Park CPUD proposes to add 300 multi-family dwelling
units to the Business (B) District within the PUD. The proposed additional 300 units will be located
on the east side of Goodlette-Frank Road on Tract 8 and a related proposed parking structure will be
located on Tract 9. (Refer to Master Plan on page 3 of this Staff Report.) Development of the
multifamily dwellings will be similar to most of the previously approved PUD Development
Standards. The proposed zoned building height of 95 feet and actual height of 122 feet is within the
range of the previously approved heights of 75 and 85 feet for non-residential development in the
Business District and 104 and 122 feet for the recently constructed hotel across the street and west
of Goodlette-Frank Road.
The Conceptual Master Plan has been revised to show the location of the proposed Mixed-use
District and to note the proposed landscape buffer deviation.
Zoning staff finds the proposed multi-family residential and proposed landscape deviation to be
compatible with the existing Commercial/Industrial District and Business District land uses and
intensities. For further information regarding the landscape deviation, please see the Deviation
section of this Staff Report.
REZONE FINDINGS:
Staff completed a comprehensive evaluation of this land use petition including the criteria upon
which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5.,
Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and
Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as
“Rezone Findings”), which establish the legal bases to support the CCPC’s recommendation. The
CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use
the criteria to support their action on the rezoning request. An evaluation relative to these subsections
is discussed below, under the heading “Zoning and Land Development Review Analysis.” In
addition, staff offers the following analysis:
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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.
Upon adoption of the companion GMPA, Comprehensive Planning staff has indicated that the
proposed PUD Amendment can be found consistent with all applicable elements of the GMP.
2. The existing land use pattern.
As described in the “Surrounding Land Use and Zoning” portion of this report and discussed in the
zoning review analysis, the neighborhood’s existing land use pattern can be characterized as
residential, commercial, industrial, and institutional lands.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
At the time the subject property was rezoned to a CPUD, it was deemed to be of sufficient size and
did not result in an isolated district unrelated to adjacent and nearby districts. The proposed PUD
Amendment does not change this finding.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
The district boundaries are logically drawn as discussed in Items 2 and 3.
5. Whether changed or changing conditions make the passage of the proposed amendment
necessary.
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 add multi-family residences.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Staff is of the opinion that the proposed PUD Amendment can be deemed consistent with the
County’s land-use policies upon adoption of the companion 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.
The roadway infrastructure will continue to have adequate capacity to serve the proposed project at
this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation
Element consistency review. Operational impacts will be addressed at the time of each development
order (SDP or Plat). Additionally, the project’s development must comply with all other applicable
concurrency management regulations when development approvals are sought.
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8. Whether the proposed change will create a drainage problem.
The proposed PUD Amendment will not create a drainage problem. Furthermore, the project is
subject to the requirements of Collier County and the South Florida Water Management District.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed PUD Amendment will not reduce light and air to adjacent areas outside the PUD.
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 proposed preserve and open space areas should further ensure light and air
should not be seriously reduced to adjacent areas.
10. Whether the proposed change would adversely affect property values in the adjacent area.
Staff is of the opinion this PUD Amendment will not adversely impact property values.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Properties around this property are already mostly developed. The basic premise underlying all of
the development standards in the Land Development Code is that their sound application, when
combined with the site development plan approval process and/or subdivision process, gives
reasonable assurance that a change in zoning will not result in deterrence to improvement or
development of the adjacent property. Therefore, the proposed zoning change should not be a
deterrent to the improvement of adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
The development complies with the GMP, which is a public policy statement supporting zoning
actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed
amendment does not constitute a grant of special privilege. Consistency with the FLUE is further
determined to be a public welfare relationship because actions consistent with plans are in the public
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 Amendment in compliance with LDC provisions. The
proposed amendment meets the intent of the PUD district, and the public interest will be maintained.
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14. Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
Staff is of the opinion that the proposed PUD Amendment is not out of scale with the needs of the
neighborhood or County.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
There may be other sites in the County that could accommodate the uses proposed; however, this is
not the determining factor when evaluating the appropriateness of a zoning decision. The petition
was reviewed on its merit for compliance with the GMP and the LDC, and staff does not review
other sites in conjunction with a specific petition.
16. The physical characteristics of the property and the degree of site alteration which would be
required to make the property usable for any of the range of potential uses under the proposed
zoning classification.
Any development anticipated by the PUD Document would require site alteration, and this project
will undergo extensive evaluation relative to all federal, state, and local development regulations
during the site development plan approval process and again later as part of the building permit
process.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County GMP and as defined and
implemented through the Collier County adequate public facilities ordinance.
The development will have to meet all applicable criteria set forth in the LDC regarding Adequate
Public Facilities. The project must also be consistent with all applicable goals and objectives of the
GMP regarding adequate public facilities. This petition has been reviewed by County staff that is
responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has
concluded that 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.”
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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 Creekside Commerce Park PUD is an established business park that has been developed with a
variety of light industrial, commercial, and office uses. The proposed multi-family residential use
is compatible with the existing development within the Creekside Commerce Park. The PUD
already receives potable water and wastewater services from the CCWSD, and there are adequate
water and wastewater treatment capacities available for future development as proposed by this
petition. Therefore, the site is suitable for the proposed development.
2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract,
or other instruments, or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provided satisfactory evidence of unified control.
Additionally, the development will be required to gain platting and/or site development plan
approval. These processes will ensure that appropriate stipulations for the provision of, continuing
operation of, and maintenance of infrastructure will be provided by the developer.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies
of the GMP.
Upon adoption of the companion GMPA, Comprehensive Planning staff has indicated that the
proposed PUD Amendment can be found consistent with the goals, objectives, and policies of the
GMP.
County staff has reviewed this petition and has found this petition consistent with the overall GMP
upon adoption of the companion GMPA.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on the location of improvements, restrictions on design, and buffering and screening
requirements.
The currently approved development, landscaping, and buffering standards were determined to be
compatible with the adjacent uses and with the use mixture within the project itself at the time the
PUD was approved. Staff believes that this amendment will not change the project’s compatibility,
both internally and externally, with the proposed residential land use along with the proposed
deviation.
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.
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6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
The roadway infrastructure will continue to be sufficient to serve the proposed project, as noted in
the Transportation Element consistency review. Operational impacts will be addressed at the time
of each development order (SDP or Plat), at which time a new TIS will be required to demonstrate
turning movements for all site access points. 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.
Pursuant to Sec. 134-57(a) of the Collier County Code of Ordinances, availability of potable water
and wastewater services must be verified in writing by the CCWSD prior to submittal of construction
documents. No public utility facility adequacy issues are anticipated at this time.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting infrastructure, including Collier County Water-Sewer District
potable water and wastewater mains, to accommodate this project. Furthermore, adequate public
facilities requirements will be addressed when development approvals are sought.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications are justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
This criterion essentially requires an evaluation of the extent to which development standards and
deviations proposed for this PUD depart from development standards that would be required for the
most similar conventional zoning district.
The petitioner is seeking one new deviation to allow design flexibility in compliance with the
purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A.). Staff
believes that the deviation proposed can be supported, finding that, in compliance with LDC Section
10.02.13 A.3., the petitioner has demonstrated that “the elements may be waived without a
detrimental effect on the health, safety and welfare of the community” and LDC Section 10.02.13
B.5.h., the petitioner has demonstrated that the deviation is “justified as meeting public purposes to
a degree at least equivalent to the literal application of such regulations.”
Please, refer to the Deviation Discussion portion of the staff report below for a more extensive
examination of the deviation.
DEVIATION DISCUSSION:
The petitioner is seeking one new deviation from the requirements of the LDC. The deviation is
found in PUD Section 4.5 “Development Deviations.” The deviation location is depicted on the
Master Plan. The petitioner’s rationale and staff analysis/recommendation are outlined below.
3.A.e
Packet Pg. 86 Attachment: Attachment D Rezone & PUD Findings Creekside 8-27-21 (20971 : PL20210002390 Creekside Commerce Park PDI)
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
Creekside Commerce Park PUD
Insubstantial Change
(PL20210002390)
Application and Supporting
Documents
February 24, 2022 HEX Meeting
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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
October 5, 2021
Ms. Gabriela Castro, AICP
Collier County Growth Management Department
Zoning Division - Zoning Services Section
2800 North Horseshoe Drive
Naples, FL 34104
RE: Creekside Commerce Park PUD Insubstantial Change – PL20210002390, Submittal 1
Dear Ms. Castro:
On behalf of our client, RES Florida 1370 Holdings, LLC, we are submitting an application for an
Insubstantial Change to a PUD (PDI) for the above referenced project.
The applicant is proposing to amend the PUD Ordinance to allow Tract 7 to qualify for the
alternative architectural compliance process.
Documents filed with submittal 1 include the following:
1. Cover Letter
2. Application
3. Pre-Application Meeting notes
4. Project Narrative and Detail of Request
5. Ordinance 2006-50
6. Draft Ordinance No. 2021- (PL20190002850)
7. Current Master Plan (PL20190002850)
8. Revised Master Plan
9. Exhibit 1 Proposed PUD Revisions
10. Deviation Justification
11. Warranty Deed
12. PB 35 PGS 43-44
13. Affidavit of Authorization
14. Addressing Checklist
15. Property Ownership Disclosure Form
16. Location Map
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Ms. Gabriela Castro, AICP
RE: Creekside Commerce Park PUD Insubstantial Change – PL20210002390
October 5, 2021
Page 2 of 2
Please contact me if you have any questions.
Sincerely,
D. Wayne Arnold, AICP
Enclosures
Cc: RES Florida 1370 Holdings, LLC
GradyMinor File (ACPDI-21)
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 3/27/2018 Page 1 of 4
INSUBSTANTIAL CHANGE TO A PUD (PDI)
LDC subsection 10.02.13 E & Code of Laws section 2-83 – 2-90
Ch. 3 G.3 of the Administrative Code
Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is
not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD
ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the
review and approval of the Hearing Examiner. The Hearing Examiner’s approval shall be based
on the findings and criteria used for the original application.
PETITION NO
PROJECT NAME
DATE PROCESSED
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: ________________________________________________________________
DETAIL OF REQUEST
On a separate sheet, attached to the application, describe the insubstantial change request.
Identify how the request does not meet the PUD substantial change criteria established in LDC
subsection 10.02.13 E.1.
To be completed by staff
RES Florida 1370 Holdings LLC
1370 Creekside Blvd
Naples FL 34108
239-643-5553
Trent.Lewis@Arthrex.com
D. Wayne Arnold, AICP
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey Bonita Springs FL 34134
239-947-1144
warnold@gradyminor.com
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 3/27/2018 Page 2 of 4
PROPERTY INFORMATION
PUD NAME: _______________________ ORDINANCE NUMBER: ________________________
FOLIO NUMBER(S): _____________________________________________________________
Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be
graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a
legal description for subject portion.
Attach on a separate sheet, a written description of the map or text change.
Does amendment comply with the Growth Management Plan? Yes No
If no, please explain: _______________________________________________________
Has a public hearing been held on this property within the last year? Yes No
If yes, in whose name? _____________________________________________________
Has any portion of the PUD been SOLD and/or DEVELOPED?
Are any changes proposed for the area sold and/or developed? Yes No
If yes, please describe on an attached separate sheet.
The subject property, Folio Number 29331193162, is currently
developed with a 20,000+ square foot office building and parking lot.
The applicant is proposing to redevelop the property with an
additional 2-story building for office and audio/visual productions
(studio).
Creekside Commerce Park 2006-50
29331193162
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 3/27/2018 Page 3 of 4
Pre-Application Meeting and Final Submittal Requirement Checklist for:
PUD Insubstantial Change
Chapter 3 G.3 of the Administrative Code
The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at
time of application submittal. At final submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 1
Pre-Application Meeting notes 1
Project Narrative, including a detailed description of proposed changes
and why amendment is necessary 1
Detail of request 1
Current Master Plan & 1 Reduced Copy 1
Revised Master Plan & 1 Reduced Copy 1
Revised Text and any exhibits
PUD document with changes crossed through & underlined
PUD document as revised with amended Title Page with Ordinance #
Warranty Deed
Legal Description 1
Boundary survey, if boundary of original PUD is amended
If PUD is platted, include plat book pages
List identifying Owner & all parties of corporation 1
Affidavit of Authorization, signed & notarized 1
Completed Addressing Checklist 1
Property Ownership Disclosure Form 1
Copy of 8 ½ in. x 11 in. graphic location map of site 1
Electronic copy of all documents and plans
*Please advise: The Office of the Hearing Examiner requires all materials
to be submitted electronically in PDF format.
*If located in Immokalee or seeking affordable housing, include an additional set of each submittal
requirement.
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
x Following the completion of the review process by County Review staff, the applicant shall submit
all materials electronically to the designated project manager.
x Please contact the project manager to confirm the number of additional copies required.
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Revised 3/27/2018 Page 4 of 4
PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
School District (Residential Components): Amy
Lockheart
Bayshore/Gateway Triangle Redevelopment:
Executive Director
Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams and David
Berra
Emergency Management: Dan Summers Naples Airport Authority:
Conservancy of SWFL: Nichole Johnson Other:
City of Naples: Robin Singer, Planning Director Other:
FEE REQUIREMENTS
PUD Amendment Insubstantial (PDI):$1,500.00
Pre-Application Meeting:$500.00
Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00
Same fee applies if the petition is referred to the Collier County Planning Commission, where the
CCPC serves as the deciding authority instead of the HEX.
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set
forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood
Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this
checklist is included in this submittal package. I understand that failure to include all necessary submittal
information may result in the delay of processing this petition.
All checks payable to: Board of County Commissioners.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
Planning and Regulation
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Applicant/Owner Name (please print)
D. Wayne Arnold Digitally signed by D. Wayne
Arnold
Date: 2021.09.30 08:26:06 -04'00'
D. Wayne Arnold, AICP
9/30/2021
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Creekside Commerce Park PUD (PL20210002390)
Project Narrative and Detail of Request
September 29, 2021 Page 1 of 3
ACPDI-21 Project Narrative.docx
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
PROJECT NARRATIVE AND DETAIL OF REQUEST
The intent of this PUD insubstantial change is to provide for buildings located within the I/C Tract
7 of the Conceptual PUD Master Plan to qualify for the alternative architectural compliance
process. The PUD already provides for the alternative architectural design process for buildings
located on I/C Tracts 5 and 6.
All properties in I/C Tracts 5, 6 and 7 are owned by Arthrex and providing for the alternative
architectural compliance process will allow for common building design elements for buildings
comprising the Arthrex campus.
Insubstantial Change Criteria LDC Subsection 10.02.13 E.1
E. Changes and amendments. There are three types of changes to a PUD Ordinance:
Substantial, Insubstantial, and Minor. Language changes to a previously approved
PUD document shall require the same procedure as for amending the official zoning
atlas, except for the removal of a commitment for payment towards affordable
housing which is considered to be a minor change as described in Section 10.02.13
E.3.c.
1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall
require the review and recommendation of the Planning Commission and approval by
the Board of County Commissioners as a PUD amendment prior to implementation.
Applicants shall be required to submit and process a new application complete with
pertinent supporting data, as set forth in sections 10.02.13 A and B. For the purpose
of this section, a substantial change shall be deemed to exist where:
a. There is a proposed change in the boundary of the PUD; or
No
b. There is a proposed increase in the total number of dwelling units or intensity of
land use or height of buildings within the development;
No
c. There is a proposed decrease in preservation, conservation, recreation or open
space areas within the development not to exceed 5 percent of the total acreage
previously designated as such, or 5 acres in area;
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No change in preserve, recreation or open space results from this amendment.
d. There is a proposed increase in the size of areas used for nonresidential uses, to
include institutional, commercial and industrial land uses (excluding preservation,
conservation or open spaces), or a proposed relocation of nonresidential land uses;
No increase in non-residential uses or areas for non-residential uses are proposed.
e. There is a substantial increase in the impacts of the development which may
include, but are not limited to, increases in traffic generation; changes in traffic
circulation; or impacts on other public facilities;
No additional traffic or public facility impacts will result from the proposed request.
f. The change will result in land use activities that generate a higher level of vehicular
traffic based upon the Trip Generation Manual published by the Institute of
Transportation Engineers;
No additional dwelling units or commercial uses are proposed; therefore, there are
no additional traffic impacts.
g. The change will result in a requirement for increased stormwater retention, or will
otherwise increase stormwater discharges;
Adequate area exists on-site for stormwater retention, and no change to the
approved discharge rate is proposed. No additional stormwater retention areas will
be required.
h. The change will bring about a relationship to an abutting land use that would be
incompatible with an adjacent land use;
The change will not be incompatible.
i. Any modification to the PUD master plan or PUD document or amendment to a PUD
ordinance which is inconsistent with the future land use element or other element of
the growth management plan or which modification would increase the density or
intensity of the permitted land uses;
The PUD and proposed minor change is consistent with the Collier County Growth
Management Plan.
j. The proposed change is to a PUD district designated as a development of regional
impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a
determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any
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change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a
DRI/PUD master plan that clearly do not create a substantial deviation shall be
reviewed and approved by Collier County under this section 10.02.13 of this Code; or
This minor change to add the alternative architectural deviation process for I/C Tract
7 does not constitute a substantial deviation.
k. Any modification in the PUD master plan or PUD document or amendment to a PUD
ordinance which impact(s) any consideration deemed to be a substantial modification
as described under this section 10.02.13
The proposed change meets the standards for an insubstantial modification and
creates no external impacts.
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ORDINANCE NO. 2021- 3 5
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS
AMENDED, BY ADDING UP TO 300 MULTI-FAMILY RENTAL
DWELLING UNITS AS A PERMITTED USE IN THE BUSINESS
DISTRICT; ADDING RESIDENTIAL DEVELOPMENT STANDARDS
INCLUDING A MAXIMUM HEIGHT OF 100 FEET; AND BY
AMENDING THE MASTER PLAN. THE SUBJECT MULTI-FAMILY
PROPERTY IS IN THE SOUTHEAST QUADRANT OF THE
INTERSECTION OF IMMOKALEE ROAD AND GOODLETTE
FRANK ROAD, CONSISTING OF 28.85± ACRES AND THE CPUD IS
LOCATED SOUTH OF IMMOKALEE ROAD AND BOTH EAST AND
WEST OF GOODLETTE FRANK ROAD IN SECTION 27, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND
BY PROVIDING AN EFFECTIVE DATE. IPL201900028501
WHEREAS, on October 24, 2006, the Board of County Commissioners approved
Ordinance Number 06-50, the Creekside Commerce Park Commercial Planned Unit
Development (the "PUD"); and
WHEREAS, on March 12, 2013, the Board of County Commissioners approved
Ordinance Number 13-23, which amended the PUD; and
WHEREAS, on March 22, 2016, the Board of County Commissioners approved
Ordinance Number 16-05, which further amended the PUD; and
WHEREAS, on October 25, 2016, the Board of County Commissioners approved
Ordinance Number 16-32, which further amended the PUD; and
WHEREAS, on April 24, 2018, the Board of County Commissioners approved Ordinance
Number 18-19, which further amended the PUD; and
WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.,
and D. Wayne Arnold of Q. Grady Minor & Associates representing Creekside East, Inc.,
petitioned the Board of County Commissioners to amend the CPUD.
20-CPS-02009/1656955/1] 108
Creekside Commerce Park CPUD 1 of 2
PL20190002850
9/16/21
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to the CPUD Document of Ordinance No. 2006-50, as
amended
The CPUD Document attached as Exhibit "A" to Ordinance No. 2006-50, as amended, is
hereby amended to read as follows:
See Exhibit"A", attached hereto and incorporated herein by reference.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2021 -3/ becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this )(/ `day of 0 Ci-D Lfre.X" , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAI'>k. KINZEL, CLERK COLLIE O TY, FLORID
By: A1 By:
Attest as to Chairman's • 'ty C e r'Penny Ta or, Chairman
signature only.
Approved as to form and legality:
Otiv .J A 1— yket`t—
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A—CPUD Document
This ordinance filed with :nt:
Secretary of State's 1,,c.
day of gmf !
and acknowledgement pf shot
filing received this .3'1 day
of N,a'
20-CPS-02009/1656955/1] 108 By
Creekside Commerce Park CPUD 2 of 2 u^r«•^'
PL20190002850
9/16/21
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EXHIBIT A
CREEKSIDE COMMERCE PARK
A PLANNED UNIT DEVELOPMENT
PREPARED FOR
BARRON COLLIER PARTNERSHIP
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CREEKSIDE COMMERCE PARK
A
PLANNED UNIT DEVELOPMENT
106± Acres Located in Section 27
Township 48 South, Range 25 East
Collier County, Florida
PREPARED FOR:
BARRON COLLIER PARTNERSHIP
2640 Golden Gate Parkway,Naples, FL 34105
PREPARED BY:
WILSON,MILLER,BARTON&PEEK, INC.
3200 Bailey Lane, Suite 200,Naples,Florida 34105
YOUNG, VAN ASSENDERP&VARNADOE,P.A.
801 Laurel Oak Drive, Suite 300,Naples,Florida 34101
AMENDED DECEMBER 2005 BY:
Q. GRADY MINOR AND ASSOCIATES, P.A.
3800 Via Del Rey,Bonita Spring,Florida 34134
ROETZEL AND ANDRESS,L.P.A.
850 Park Shore Drive, 3'Floor,Naples, Florida 34103
AMENDED MAY 2012 BY:
Q. GRADY MINOR AND ASSOCIATES, P.A.
3800 Via Del Rey,Bonita Spring,Florida 34134
COLEMAN,YOVANOVICH AND KOESTER, P.A.
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300,Naples, FL 34103
AMENDED AUGUST 2015,JULY 2016 and.00TOBER 2016 and JULY 2021 BY:
Q. GRADY MINOR AND ASSOCIATES, P.A.
3800 Via Del Rey,Bonita Spring,Florida 34134
COLEMAN,YOVANOVICH AND KOESTER,P.A.
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300,Naples,FL 34103
Words k through are deleted; words underlined are added.
PL20190002850 CPUD Amendment July 21, 2021
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TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP, & 1-1
GENERAL DESCRIPTION
SECTION II COMMERCE PARK DEVELOPMENT 2-1
2.1 Purpose
2.2 General Description Of The Park and Proposed Land Uses
2.3 Compliance With County Ordinances
2.4 Community Development District
2.5 Land Uses
2.6 Lake Siting
2.7 Fill Storage
2.8 Use Of Right-Of-Way
2.9 Sales Office and Construction Office
2.10 Changes and Amendments To PUD Document Or PUD Master Plan
2.11 Preliminary Subdivision Plat Phasing
2.12 Open Space and Native Vegetation Retention Requirements
2.13 Surface Water Management
2.14 Environmental
2.15 Utilities
2.16 Transportation
2.17 Common Area Maintenance
2.18 Design Guidelines and Standards
2.19 Landscape Buffers, Berms,Fences and Walls
2.20 Signage
2.21 General Permitted Uses
SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1
SECTION IV BUSINESS DISTRICT 4-1
SECTION V PRESERVE AREA 5-1
EXHIBIT A AERIAL PHOTOGRAPH, LOCATION MAP
WMB&P File No. RZ 255A)OMITTED
EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN
EXHIBIT B-1 CROSS SECTIONS (ENLARGED)
EXHIBIT C CONCEPTUAL BUILDING RENDERING
Words k gh are deleted; words underlined are added.
PL20190002850 CPUD Amendment 1 July 21, 2021
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STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter
referred to as Barron Collier or the Developer, to create a Planned Unit Development(PUD) on 106±
acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The
name of this Planned Unit Development shall be Creekside Commerce Park. The development of
Creekside Commerce Park will be in substantial compliance with the planning goals and objectives
of Collier County as set forth in the Growth Management Plan. The development will be consistent
with the policies and land development regulations adopted thereunder of the Growth Management
Plan Future Land Use Element and other applicable regulations for the following reasons:
1.The subject property is within the Urban Mixed Use District as identified on the Future Land
Use Map which allows certain industrial and commercial uses. The Urban designation also
allows support medical facilities, offices,clinics,treatment,research and rehabilitative centers
and pharmacies provided they are located within 1/4 mile of the property boundary of an
existing or approved hospital or medical center. The Creekside Commerce Park PUD is
located within 'A mile of the North Collier Hospital. The 2016 petition request is to add
166,000 square feet to the I/C District and 32,000 square feet to the B District. All additional
square footage approved in the October 2016 Ordinance amendment will be medical related
uses, and will be on Tracts that are within or partially within 1/4 mile of the North Collier
Hospital property. The 2020 petition (PL20190002850) request is to add 300 multi-family
rental units, which were authorized through the companion 2020 small-scale plan amendment
PL20190002849).
2.The existing Industrial zoning is considered consistent with the Future Land Use Element
FLUE) as provided for by Policy 5.9 and 5.11 of the FLUE.
3.The FLUE Urban-Industrial District allows for expansion of the industrial land use provided
the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned
industrial the land use is compatible with adjacent land uses and the necessary infrastructure
is provided or in place. Creekside Commerce Park has expanded the industrial land use
accordingly.
4.The FLUE Urban-Industrial District requires the uses along the boundaries of the project to
be transitional. Creekside Commerce Park has included transitional uses accordingly.
5.Creekside Commerce Park is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE.
6.Improvements are planned to be in substantial compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
7.The development of Creekside Commerce Park will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1.H and L of the
FLUE.
Words through are deleted; words underlined are added.
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8.Creekside Commerce Park is a master planned, deed-restricted commerce park and is planned
to encourage ingenuity, innovation and imagination as set forth in the Collier County Land
Development Code (LDC), Planned Unit Development District.
9.This master planned park will incorporate elements from the existing Industrial,Business Park
and Industrial PUD sections of the LDC.
Words stlf-th-refrugh are deleted; words underlined are added.
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SHORT TITLE
This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED
UNIT DEVELOPMENT ORDINANCE".
Words struck t'r o° ' are deleted; words underlined are added.
PL20190002850 CPUD Amendment iv July 21, 2021
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SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this section is to set forth the legal description and ownership of Creekside
Commerce Park, and to describe the existing condition of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows;
COMMENCING at the northwest corner of said Section 27;
thence along the north line of said Section 27 South 89°45'21"East 1869.61 feet;
thence leaving said line South 00°14'39" West 125.00 feet to a point on the south right of
way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel
herein described;
thence along said right of way line in the following Six (6) described courses;
1) South 89°45'21" East 485.99 feet;
2) South 00°14'39" West 10.00 feet;
3) South 89°45'21" East 150.19 feet;
4) South 89°48'33" East 716.81 feet;
5)North 05°34'33" West 10.05 feet;
6) South 89°48'33" East 486.21 feet to a point on the west right of way line of Goodlette
Road as recorded in Plat Book 3, page 58, Public Records of Collier County, Florida;
thence along said line South 05°33'48" East 1767.02 feet;
thence leaving said line South 89°20'53"West 51.18 feet;
thence North 23°55'53" West 13.07 feet;
thence northwesterly, 30.71 feet along the arc of a circular curve concave to the
northeast, having a radius of 80.00 feet, through a central angle of 21°59'52" and being
subtended by a chord which bears North 12°55'57"West 30.53 feet;
thence North 05°00'53" West 31.56 feet;
thence North 36°19'20" West 32.02 feet;
thence North 56°04'35" West 35.11 feet;
thence North 80°39'15" West 32.53 feet;
thence North 88°39'12" West 97.78 feet;
thence North 86°04'40" West 45.79 feet;
thence North 89°49'48" West 132.77 feet;
thence North 69°40'10" West 37.23 feet;
thence South 89°20'53" West 142.47 feet;
thence South 84°59'26" West 24.66 feet;
thence South 74°56'50" West 121.32 feet;
thence South 79°49'59" West 45.93 feet;
Words struck t'rou^h are deleted; words underlined are added.
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thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to
the northeast, having a radius of 66.00 feet, through a central angle of 39°30'16" and
being subtended by a chord which bears North 80°24'53" West 44.61 feet to a point of
compound reverse curvature;
thence northwesterly, 52.92 feet along the arc of a circular curve concave to the
southwest, having a radius of 150.00 feet, through a central angle of 20°12'57" and being
subtended by a chord which bears North 70°46'13" West 52.65 feet;
thence North 80°52'42" West 36.59 feet;
thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to
the southeast, having a radius of 80.00 feet, through a central angle of 33°04'14" and
being subtended by a chord which bears South 82°35'11" West 45.54 feet to a point of
compound curvature;
thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to
the northwest, having a radius of 60.00 feet, through a central angle of 36°26'19" and
being subtended by a chord which bears South 84°16'14" West 37.52 feet to a point of
compound reverse curvature;
thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to
the southwest, having a radius of 305.00 feet, through a central angle of 12°55'59" and
being subtended by a chord which bears North 83°58'36" West 68.70 feet;
thence South 89°33'25" West 18.36 feet;
thence South 89°39'19" West 71.63 feet;
thence North 89°34'56" West 36.03 feet;
thence South 86°06'41" West 42.94 feet;
thence South 83°44'16" West 26.23 feet;
thence South 51°01'13" West 27.49 feet;
thence South 33°25'50" West 19.95 feet;
thence South 15°40'05" West 20.54 feet;
thence South 10°54'39" West 34.64 feet;
thence South 89°20'14" West 101.06 feet;
thence North 10°46'06" East 101.42 feet;
thence North 89°20'53" East 65.45 feet;
thence North 00°39'07" West 100.64 feet;
thence South 89°20'53" West 503.78 feet;
thence North 00°39'07" West 27.71 feet;
thence North 72°58'55" West 131.30 feet;
thence North 02°08'56" West 1473.29 feet to a point on the south right of way line of
said Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein
described;
Containing 69.48 acres more or less;
Subject to easements and restrictions of record.
Bearings are assumed and based on the north line of said Section 27 being South
89°49'40" East.
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
Words slf-thi-eugh are deleted; words underlined are added.
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being more particularly described as follows;
Commencing at the northeast corner of said Section 27;
thence along the east line of said Section 27, South 01°09'43"East 125.00 feet to a point
on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF
BEGINNING of the parcel herein described;
thence continue along said east line South 01°09'43" East 1189.62 feet;
thence leaving said line South 89°48'50"West 677.35 feet;
thence South 05°35'39" East 886.02 feet;
thence South 89°48'50" West 400.00 feet to a point on the easterly right of way line of
Goodlette Frank Road as Recorded in Plat Book 13,page 58, Public records of Collier
County, Florida;
thence along said line North 05°35'39"West 2088.10 feet to a point of the south right of
way line of said Immokalee Road (S.R. 846);
thence along said line South 89°49'40" East 1168.55 feet;
thence continue along said line South 89°12'58" East 1.85 feet to the POINT OF
BEGINNING of the parcel herein described;
Containing 38.9 acres more or less;
Subject to easements and restrictions of record.
Bearings are assumed and based on the north line of said Section 27 being South
89°46'26" East.
LESS
A PORTION OF TRACTS "R" AND "L1" CREEKSIDE COMMERCE PARK WEST-UNIT
ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT "R" (CREEKSIDE WAY)
CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT
PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE RUN SOUTH 89°45'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY OF
IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51"
WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A
DISTANCE OF 117.20 FEET;THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF
119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE
COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID
CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00°07'39"
EAST,ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE
NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'O1" WEST,
ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT
ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02°19'57"
WEST,ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE
POINT OF BEGINNING; CONTAINING 2.32 ACRES,MORE OR LESS.
Words struek—through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 1-3 July 21, 2021
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1.3 PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership or control of Barron Collier
Partnership,or its assigns,whose address is 2640 Golden Gate Parkway,Naples,FL 34105.
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 27, Township 48 South, Range 25 East, and is
generally bordered on the west by Agriculturally zoned and developed property; on
the north, across Immokalee Road by office and medical (North Collier Hospital)
PUD zoned and developed property; on the east by Medical Office Park currently
under development, County Park and County Wastewater Treatment Facility; and
on the south by PUD and County Wastewater Treatment Facility. The location of
the site is shown on Exhibit A Aerial Photograph, Location Map.
B. The zoning classification of the subject property at the time of PUD application is
I (Industrial) and A (Agricultural).
C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm
Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park
property is located within Zones "AE-11" of the FEMA flood insurance rate.
D. The soil types on the site generally include Riviera limestone substratum, Copeland
fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine
sand, Riveria fine sand, Ft. Drum and Malabar fine sand, and Satellite fine sand.
E. Prior to development, vegetation on the site primarily consists of active croplands
and small amounts of pine flatwoods. An isolated wetland system is located along
the south side of Immokalee Road west of Goodlette-Frank Road. This wetland
consists primarily of Brazilian pepper that surrounds a small willow area. The
wetland on the east side of Goodlette-Frank Road consists primarily of cabbage
palms. A portion of the historic water course within this wetland has been
channelized. Brazilian pepper has infested the northern part of this wetland.
F. The project site is located within the Pine Ridge Canal and West Branch
Cocohatchee River sub-basins, as depicted within the Collier County Drainage
Atlas (July, 1995).
1.5 DEVELOPMENT OF REGIONAL IMPACT
Creekside Commerce Park does not meet the minimum thresholds for a Development of
Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 2016, in that it is at
or below 80% of all numerical thresholds in the guidelines and standards set forth therein.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for Creekside
Commerce Park (park), and to identify relationships to applicable County ordinances,
policies, and procedures.
2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES
A. Creekside Commerce Park will consist of predominately industrial, warehouse,
wholesale, financial institutions, business and office uses, with limited amounts of
residential and retail uses. Creekside Commerce Park shall establish project-wide
guidelines and standards to ensure a high and consistent level of quality for
proposed features and facilities.
B. A Land Use Summary indicating approximate land use acreages is shown on the
Master plan. The location, size, and configuration of individual tracts shall be
determined at the time of Preliminary Subdivision Plat approval with minor
adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2.
of the Collier County Land Development Code (LDC).
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Creekside Commerce Park shall be in accordance
with the contents of this PUD Ordinance, and to the extent they are not inconsistent
with this PUD Ordinance, applicable sections of the LDC and Collier County
Growth Management Plan which are in effect at the time of issuance of any
development order. Where this PUD Ordinance does not provide developmental
standards, then the provisions of the specific section of the LDC that is otherwise
applicable shall apply to which said regulations relate.
B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the LDC in
effect at the time of development order application.
C. Development permitted by the approval of this PUD will be subject to the Adequate
Public Facilities Ordinance, Division 3.15 of the LDC.
D. All conditions imposed herein or as represented on the Creekside Commerce Park
Master Plan are part of the regulations which govern the manner in which the land
may be developed.
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E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall
apply to Creekside Commerce Park, except where an exemption is set forth herein
or otherwise granted pursuant to LDC Section 3.3.4.
F. The Developer shall submit to the County an annual PUD monitoring report in
accordance with LDC Section 2.7.3.6.
2.4 COMMUNITY DEVELOPMENT DISTRICT
A. The Developer may elect to establish a Community Development District (CDD)
pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain
infrastructure and community facilities needed to serve the park. A CDD would
constitute a timely, efficient, effective, responsive and economic way to ensure the
provision of facilities and infrastructure for the proposed development. Such
infrastructure as may be constructed, managed and financed by the CDD shall be
subject to, and shall not be inconsistent with, the Collier County Growth
Management Plan and all applicable ordinances dealing with planning and
permitting of Creekside Commerce Park.
B. The land area is amenable to infrastructure provision by a district that has the
powers set forth in the charter of a Community Development District under Section
190.006 through 190.041,Florida Statutes. Such a district is a legitimate alternative
available both to the County and to the landowner for the timely and sustained
provision of quality infrastructure under the terms and conditions of County
development approval.
2.5 LAND USES
A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes
and variations in building tracts, location and acreage of these uses shall be
permitted at preliminary subdivision plat approval, preliminary site development
plan approval and final site development plan approval to accommodate utilities,
topography, vegetation, and other site and market conditions, subject to the
provisions of Section 2.7.3.5. of the Collier County LDC. The specific location
and size of individual tracts and the assignment of square footage or units shall be
determined at the time of site development plan approval.
B. Roads and other infrastructure may be either public, private or a combination of
public and private, depending on location, design and purpose. The request for a
road to be public shall be made by the Developer at the time of final subdivision
plat approval. The Developer or its assignees shall be responsible for maintaining
the roads, streets, drainage, common areas, water and sewer improvements where
such systems are not dedicated to the County. Standards for roads shall be in
compliance with the applicable provisions of the County Code regulating
subdivisions, unless otherwise approved during subdivision approval. The
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Developer reserves the right to request substitutions to Code design standards in
accordance with Section 3.2.7.2. of the LDC.
2.6 LAKE SITING
A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal
of this Master Plan is to achieve an overall aesthetic character for the park,to permit
optimum use of the land, and to increase the efficiency of the water management
network. Fill material from lakes is planned to be utilized within the park; however,
excess fill material may be utilized off-site. The volume of material to be removed
shall be limited to ten percent of the calculated excavation volume to a maximum
of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial
excavation permit will be required. Final lake area determination shall be in
accordance with the South Florida Water Management District stormwater criteria
and Section 3.5.7. of the LDC.
1.Setbacks: Excavations shall be located so that the control elevation shall
adhere to the following minimum setback requirements, subject to approval
of County staff at time of final construction plan approval:
a) Twenty feet (20') from right-of-way of internal roads. The roads
will be designed to (AASHTO)road standards and shall incorporate
such factors as road alignment, travel speed, bank slope, road cross
sections, and need for barriers.
b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road
rights-of-way. Perimeter property lines will have a setback of
twenty feet (20'). The roads will be designed to (AASHTO) road
standards and shall incorporate such factors as road alignment,
travel speed, bank slope, road cross sections and need for barriers.
2.7 FILL STORAGE
A. Fill storage is generally permitted as a principal use throughout the Creekside
Commerce Park PUD. Fill material generated from properties owned or leased by
the Developer may be transported and stockpiled within areas which have been
disturbed. Prior to stockpiling in these locations, the Developer shall notify the
Community Development and Environmental Services Administrator per Section
3.2.8.3.6. of the LDC. The following standards shall apply:
1.Stockpile maximum height: Thirty-five feet (35')
2.Fill storage areas in excess of five feet(5') in height shall be separated from
developed areas by fencing, excavated water bodies or other physical
barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1).
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a) Soil erosion control shall be provided in accordance with LDC
Division 3.7.
2.8 USE OF RIGHTS-OF-WAY
Utilization of lands within all park rights-of-way for landscaping, decorative entrance
ways, and signage shall be allowed subject to review and administrative approval by the
Developer and the Community Development and Environmental Services Administrator
for engineering and safety considerations during the development review process.
2.9 SALES OFFICE AND CONSTRUCTION OFFICE
Sales offices, construction offices, and other uses and structures related to the promotion
and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall
be permitted principal uses throughout Creekside Commerce Park. These uses may be
either wet or dry facilities. These uses shall be subject to the requirements of Section
2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the
temporary use permit shall be valid through the life of the project with no extension of the
temporary use required. These uses may use septic tanks or holding tanks for waste
disposal subject to permitting under F.A.C. 1 OD-6 and may use potable water or irrigation
wells.
2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
A. Changes and amendments may be made to this PUD Ordinance or PUD Master
Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements
as described herein may be made by the Developer in connection with any type of
development or permit application required by the LDC.
B. The Community Development and Environmental Services Administrator shall be
authorized to approve minor changes and refinements to the Creekside Commerce
Park Master Plan upon written request of the Developer or his assignee.
C. The following limitations shall apply to such requests:
1) The minor change or refinement shall be consistent with the Collier County
Growth Management Plan and the Creekside Commerce Park PUD
document.
2) The minor change or refinement shall not constitute a substantial change
pursuant to Section 2.7.3.5.1. of the LDC.
3) The minor change or refinement shall be compatible with external adjacent
land uses and shall not create detrimental impacts to abutting land uses,
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water management facilities, and conservation areas within or external to
the PUD.
D. The following shall be deemed minor changes or refinements:
1) Reconfiguration of lakes, ponds, canals, or other water management
facilities where such changes are consistent with the criteria of the South
Florida Water Management District and Collier County.
2) Internal realignment of rights-of-ways.
3) Reconfiguration of parcels per Section 5.5 of this PUD.
E. Minor changes and refinements as described above shall be reviewed by
appropriate Collier County staff to ensure that said changes and refinements are
otherwise in compliance with all applicable County Ordinances and regulations
prior to the Community Development and Environmental Services Administrator's
consideration for approval.
F. Approval by the Community Development and Environmental Services
Administrator of a minor change or refinement may occur independently from and
prior to any application for Subdivision or Site Development Plan approval,
however such approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining all other
necessary County permits and approvals.
2.11 PRELIMINARY SUBDIVISION PLAT PHASING
Submission, review, and approval of Preliminary Subdivision Plats for the park may be
accomplished in phases to correspond with the planned development of the property.
2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS
The PUD will fully comply with all sections of the LDC and meet the requirements of the
Growth Management Plan relating to open space and retention of native vegetation.
2.13 SURFACE WATER MANAGEMENT
In accordance with the Rules of the South Florida Water Management District(SFWMD),
Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day
duration and 25-year return frequency. The lake originally approved as Lake L-1,
Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the
approved plat and approved South Florida Water Management District Permit.
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2.14 ENVIRONMENTAL
Vegetation shall be retained in accordance with the criteria established in the Conservation
and Coastal Management Element of the GMP and Section 3.05.00 of the LDC.
2.15 UTILITIES
A. All necessary easements,dedications,or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities in compliance with
applicable regulations in effect at the time approvals are requested.
B. The owner shall convey to Collier County a County Utility Easement (CUE) no
less than 15 feet in width for construction of an irrigation quality(IQ)main through
the PUD west of Goodlette-Frank from the North County Water Reclamation
Facility to the existing IQ main on Immokalee Road. The requested CUE shall be
provided in a mutually agreeable location, deemed acceptable by both the Owner
and the Public Utilities Planning and Project Management Division, prior to
approval of the next development order west of Goodlette-Frank Road. The CUE
shall be conveyed to Collier County and the Collier County Water Sewer District
at no cost to County, free and clear of all liens and encumbrances.
2.16 TRANSPORTATION
A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee
Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall
be in place prior to the issuance of any Certificates of Occupancy for a use that
utilizes the perspective/associated entrance.
B. There shall be a full access intersection at the park's southern entrance on Goodlette
Frank Road. When justified by traffic warrants,this intersection shall be signalized,
notwithstanding its proximity to Immokalee Road.
C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on
the Creekside Commerce Park Master Plan.
D. Arterial level street lighting shall be provided by the Developer at the park's main
entrance in conjunction with the development of this entrance.
E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92-
22, as amended.
F. The Developer shall provide the appropriate easements or reserve right of way so
that the southerly access road west of Goodlette Frank Road may be interconnected
to the properties to the west of Creekside Commerce Park.
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G. The Developer shall provide a fair share contribution toward the capital cost of
traffic signals at any project access when deemed warranted by Collier County.
The signal shall be owned, operated and maintained by Collier County.
H. The Developer agrees to complete construction of the segment of internal roadway
that connects Goodlette-Frank Road to the I/C parcel (herein called "southern
parcel")that is west of Goodlette Road and abuts Pelican Marsh prior to the first of
the following to occur:
1) The issuance of a certificate of occupancy for the "southern parcel";
2) The issuance of a certificate of occupancy on the second business parcel to
be developed west of the Pine Ridge Drainage Easement;
3) Within 3 years of approval of this PUD; or
4) Within 9 months of obtaining"grant"money or other funds for construction
of such infrastructure from an outside source.
I.The I/C parcels west of the Pine Ridge Drainage Easement and immediately north
of the south road shall connect for service and employee access at the time that the
south road is extended to a point that they may connect.
J.The Developer agrees to provide the County with an update of the Transportation
Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat
or Site Development Plan.
K. The Goodlette-Frank Road southernmost access to the I/C parcel east of Goodlette-
Frank Road shall be limited to a right-in/right-out access.
L. The maximum trip generation allowed by the proposed uses both primary and
ancillary may not exceed 2,045 (external to the PUD,per TIS dated 09/16/2016 and
07-07-2017 as amended) PM Peak Hour, two-way trips.
M. The owner, its successors, or assigns, shall construct a 5-foot wide sidewalk within
the Florida Power&Light (FPL)easement, subject to approval by FPL on the west
side of Creekside Street and the south side of Creekside Parkway along/within folio
29331193049 to connect to the existing sidewalk along Creekside Parkway. The
construction plans for the sidewalk and the letter request to FPL shall be completed
and mailed prior to the issuance of a Certificate of Occupancy for the proposed
Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan. The
construction of the sidewalk shall be completed no later than one year following
FPL's approval.
N. Due to the removal of a portion of the Creekside Boulevard minor collector
roadway and re-routing of traffic, the owner, its successors, or assigns, shall design
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and construct the re-routed roadway to adequately accommodate AASHTO
Interstate Semitrailer (WB-62) standards and provide access to existing postal
service truck traffic prior to the removal of a portion of Creekside Boulevard. The
design and construction shall be at no cost to Collier County. Any additional right-
of-way easements required by County for a public road pursuant to County
standards shall be dedicated to the County, free and clear of all liens and
encumbrances without County maintenance responsibility. Such dedication shall
occur prior to the issuance of the Certification of Occupancy for the proposed
Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan and
prior to the removal of a portion of Creekside Boulevard. The owner, its successor,
or assigns, shall also accept ownership of the entire length of Creekside Boulevard
with all maintenance responsibilities.
2.17 COMMON AREA MAINTENANCE
Most common area maintenance will be provided by the CDD or by a Property Owner's
Association (POA). The CDD or the POA, as applicable, shall be responsible for the
operation,maintenance,and management of the surface water and stormwater management
systems and reserves serving Creekside Commerce Park,in accordance with any applicable
permits from the South Florida Water Management District.
2.18 DESIGN GUIDELINES AND STANDARDS
A. The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of relatively large tracts of land under unified ownership as set forth
in the LDC, Section 2.2.20.
B. Creekside Commerce Park is planned as a functionally interrelated business park
under unified control. The Developer will establish community-wide guidelines
and standards to ensure a high level of quality for both the common areas and the
individual parcel developments.
C. These guidelines will serve as a control for individual parcel development, and be
referred to as The Declaration of Covenants, Conditions and Restrictions for
Creekside Commerce Park. The level of quality defined in this document is
directed towards the creation of an attractive business environment, and these
standards are the basis for evaluation of projects submitted for review to the
Property Association's Architectural and Landscaping Committee, referred to as
the ALC. The standards in this document will include criteria for site planning,
architectural design, lighting, landscaping, and graphics and signage.
D. The specific design guidelines will act as supplemental standards to the
requirements of this Planned Unit Development Ordinance, and other County
codes, but in no way supersede them.
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1.Common Areas
The master design of the park's entries and signage, streetscapes, and open space
areas will form a harmonious framework that visually links the entire park together.
This unified appearance will enhance the image of the entire community. Internal
roadways will provide efficient vehicular circulation with streetscapes that create
pleasant neighborhood environments. Streetscape plans will be designed to
establish a hierarchy of landscape improvements appropriate in scale and character
with the function of the street and adjacent land uses. Along these streetscapes a
pedestrian walkway system will be established to link each project with the overall
community.
2.Individual Projects
A. Site Planning: Each individual parcel project will provide a visually
appealing, articulated, identifiable path of entry for pedestrians and
vehicles from the street to the site and from the site to the buildings
themselves. The orientation of a building or structure upon a site will
not only reflect the project's functional need, but will also be
responsive to the individual parcel's characteristics and be sensitive
to adjacent land uses and the surrounding community.
B. Architectural standards: The objective of the architectural standards
will be to promote the creation of an attractive, value-apparent
business environment. Design elements throughout a project must be
consistent with the nature of the chosen style and building materials
selected. Project design should endeavor to adhere to the classical
principles of design and avoid clichés, overly complex or garish
motifs, while seeking to invoke a"timeless" quality.
C. Lighting: The guidelines for lighting will establish a continuity of
design for all lighting in the park which is consistent with the overall
visual impression of the park.
D. Landscaping: The purpose of landscape design guidelines within
individual projects is to guide development toward harmonious and
visually pleasing landscape that is cohesive with the overall master
landscape plan. The Creekside landscape concept will have a
naturalistic theme. Similar to the overall project's plant palette,
individual sites will be dominated with plants that are native, xeric, or
naturalized within Southwest Florida. Landscape designs will create
a coherent theme which emphasizes plant material as a primary
unifying element.
1. Landscape elements along public R.O.W.s will be
complimentary to streetscape landscaping. Parcel entries will be
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designed to harmonize with adjacent streetscape landscaping,
and clearly accentuate, the parcel entry.
2. Individual parking lots will be screened from the roadways as
much as possible, without obscuring views of the building
entrances. In addition, plant materials used around main
entrances of buildings will visually cue visitors to their location.
E. Graphics/signage: The guidelines serve to provide continuity of
design for all signage in the park which is consistent with the overall
visual impression of the park. Parcel signage serves the identification
needs of the individual tenants and user.
2.19 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Creekside Commerce Park. Required buffer treatments shall terminate at
entrances to accommodate entrance treatments and at lakes to accommodate views into the
park. The following standards shall apply:
A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the
time of subdivision improvement per construction phase and will have the
following characteristics:
1) Minimum width of 20'-0", measured from the R.O.W.
2) Adjacent to Business District type uses within the Business District, trees will
be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.),
planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In
addition, a continuous 24" high shrub hedge shall be provided within the 20'
buffer.
B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at
the time of subdivision improvement per development phase and will have the
following characteristics:
1) Minimum width of 20'-0", measured from the R.O.W.
2) Adjacent to Business District type uses, including residential, within the
Business and Industrial/Commerce (I/C)Districts, trees will be native, xeric, or
naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12'
O.A.,with a 6' spread. At the time of individual lot improvements,hedges will
be placed at parking lot edges to satisfy the requirements of LDC Section
2.4.7.4.
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3) Adjacent to industrial type uses within the Industrial/Commerce District, trees
will be native, xeric or naturalized canopy trees, spaced at 25' O.C., planted at
an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm,
3 feet high and supplemented with a 5 foot high hedge consisting of but not
limited to the following plant material: coco plum, viburnam, ficus. The intent
will be to obtain 80% opacity within one year of planting for travelers on
Goodlette-Frank Road.
C. Landscape buffers surrounding the perimeter of the park will be installed at the time
of subdivision improvement per construction phase. The buffers are referenced on
Exhibit B, and proceed in a clockwise direction from the northeast corner of the
project as follows:
1) The landscape buffer along the eastern most property boundary, north of the
preserve area, as depicted on Exhibit B, shall consist of an Alternative"A"type
buffer. Any preservation areas within this buffer may be credited toward
buffering requirements.
2) The preserve area along the balance of the eastern most property boundary will
serve as the buffer between uses.
3) The Developer will provide a five feet (5') wide Alternative "A" type buffer
with trees planted fifty feet (50') on center between the business use and the
preserve/lake area, as depicted on Exhibit B.
4) The Developer will provide a five feet(5')wide Alternative"A"type landscape
buffer with trees planted fifty feet (50') on center along the eastern property
boundary contiguous to the Collier County Sewage Treatment Plant.
5) The landscape buffer along the southern most property boundary, east of
Goodlette-Frank Road, shall be a five feet(5')wide Alternative"A"type buffer
with trees planted fifty feet (50') on center. An opaque hedge six feet (6')high
will be planted to supplement the existing oak tree buffer planted by the County
at the Collier County Sewage Treatment Plant.
6) The existing landscape berm/buffer from Goodlette Frank Road to the west side
of the Pine Ridge Drainage Easement will be supplemented as follows: a type
A" buffer along the proposed lake; and the remaining area westward of the
lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus
nitida 12'-13' O.A. and 6'-8' wide; locations to be coordinated with the
adjacent property owner.
7) The Developer will provide a ninety percent (90%) opaque landscape buffer
and berm between the I/C District and the Pelican Marsh PUD from the west
side of the Pine Ridge Drainage Easement to the existing berm to the west,that
approximates the existing Pelican Marsh berm/buffer. This buffer will be
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installed concurrent with any I/C construction west of the Pine Ridge Drainage
Easement. The buffer shall meet ninety percent (90%) opacity within one (1)
year of planting.
8) The Developer will supplement with additional trees the buffer along the
remaining portion of the southern property line westward to achieve a ninety
percent (90%) opaque buffer. This buffer will be installed concurrent with any
I/C construction west of the Pine Ridge Drainage Easement.
9) The landscape buffer between the I/C District and the adjacent Agricultural
District along the southern portion of the western property line will be an
Alternative "A" type buffer.
10)The landscape buffer between the R.O.W. and the adjacent Agricultural District
to the west will be an Alternative "A" type buffer and be incorporated into the
R.O.W.
D. Maximum fence or wall height internal to the PUD: Twelve feet (12').
E. Landscape buffers, berms, fences and walls will be constructed along the perimeter
of the Creekside Commerce Park PUD boundary concurrent with subdivision and
site development construction phase, except where noted in this document.
F.Sidewalks, water management systems, drainage structures, and utilities may be
allowed in landscape buffers pursuant to review and approval of the Development
Services Administrator.
G. Landscape berms located within the Creekside Commerce Park PUD boundary and
contiguous to a property line and/or right-of-way line may be constructed such that
the toe of slope is located on the property line and/or encroaches into the right-of-
way line when approved by the applicable owner or agency.
2.20 SIGNAGE
A. GENERAL
1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide
for the required comprehensive sign plan for the Creekside Commerce Park
2) Each platted parcel shall be considered a separate parcel of land.
3) Signs and decorative landscaped entrance features within a County dedicated
right-of-way, shall require a right-of way permit subject to the review and
approval of the County.
4) All signs shall be located so as not to cause sight line obstructions.
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B. PARK ENTRY SIGNS
1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will
not exceed 160 square feet in size on any side and signs will be no longer than
25 feet in length and 8 feet in height.
2) Minor park entry signs shall be located as depicted Exhibit B. Each minor
monument sign will not exceed 100 square feet in size on any side. Minor
monument signs will be no larger than 20 feet in length and 8 feet in height.
C. INTERNAL SIGNS
1) Directional or identification signs are allowed within the business park. Such
signs may be used to identify the location or direction of approved uses such as
sales centers, information centers, etc. Individual signs may be a maximum of
4 square feet per side in size, or signs maintaining a common architectural
theme may be combined to form a menu board with a maximum size of 25
square feet per side, and a maximum height of 8 feet. No building permit is
required unless such signs are combined to form a menu board.
2) Grand Opening signs: The Developer or parcel owner may display an on-site
grand opening sign not exceeding 32 square feet on a side, and not exceeding
64 square feet total. Banner signs shall be anchored and may be displayed on-
site for a period not exceeding 14 days within the first three months that the
Developer/occupant is open for business.
D. USER SIGNS
1) Wall, mansard, canopy or awning signs: One wall,mansard, canopy or awning
sign may be permitted for each single-occupancy facility, or for each
establishment in a multiple-occupancy facility. Corner units within multiple-
occupancy facilities, or multi-frontage single-occupancy facilities shall be
allowed two signs, but such signs shall not be combined for the purpose of
placing the combined area on one wall. However, the combined area of those
signs shall not exceed the maximum allowable display area for signs by this
ordinance.
a. The maximum allowable display area for signs may not be more than 15
percent of the total square footage of the visual facade of the building to
which the sign will be attached and may not, in any case, exceed 200 square
feet in area for any sign.
2) Monument and Pole signs: One (1) monument or pole sign is permitted for
each lot or parcel for each external and internal road frontage(s).
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a. Internal road frontage setbacks: A minimum of fifteen feet (15') from the
edge of pavement. Signs may encroach within the right-of-way subject to
maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC
and when approved by the Community Development and Environmental
Services Administrator and applicable utility.
b. External road frontage setbacks: Pole signs shall be setback from any
external right-of-way in accordance with the applicable section of the LDC.
Monument signs may be permitted closer to the right-of-way subject to
maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC
and when approved by the Community Development and Environmental
Services Administrator and applicable utility.
c. Spot or floodlights may be permitted provided said light shines only on the
signs or landscaping and is shielded from motorists and adjacent residents.
d. Should the U.S. Postal Service purchase or lease land within Creekside
Commerce Park, in addition to the user signs as permitted herein, they will
be allowed one sign between Immokalee Road and the proposed lake
adjacent to the west entry.
E. TRAFFIC SIGNS
Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be
designed to reflect a common architectural theme, in accordance with Section
3.2.8.3.19. of the LDC.
2.21 GENERAL PERMITTED USES
A. Certain uses shall be considered general permitted uses throughout the Creekside
Commerce Park PUD except in the Preserve Area. General permitted uses are those
uses which generally serve the Developer and tenants of Creekside Commerce Park
and are typically part of the common infrastructure.
B. General Permitted Uses:
1.Essential services as set forth under LDC, Section 2.6.9.1.
2.Water management facilities and related structures.
3.Temporary sewage treatment facilities.
4.Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
5.Guardhouses, gatehouses, and access control structures.
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6.Temporary construction, sales, and administrative offices for the Developer
and Developer's authorized contractors and consultants, including
necessary access ways, parking areas and related uses.
7.Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.11 of this
PUD.
8.Fill storage subject to the standards set forth in Section 2.7 of this PUD.
Site filling and grading as set forth in Section 2.7 of this PUD.
9.Outdoor recreation facilities, including but not limited to playfields and
fitness trails on areas not designated IC or B on the PUD Master Plan.
Stadiums shall be prohibited.
10. Any other use which is comparable in nature with the foregoing uses and
which the Community Development and Environmental Services
Administrator determines to be compatible.
11. Sidewalks may occur within County required buffers if approved by the
Community Development and Environmental Services Administrator.
12. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with the LDC
provision in effect at the time of Site Development Plan Approval.
2.22 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.
B. All other applicable state or federal permits must be obtained before
commencement of the development.
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SECTION III
INDUSTRIAL/COMMERCE DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Creekside Commerce Park designated on the Master Plan as "I/C".
3.2 GENERAL DESCRIPTION
Areas designated as "I/C" on the PUD Master Plan are intended to provide a maximum of
709,100 square feet of Floor Area of industrial/commerce uses on 49.90 d 3± net acres.
Intermediate care (SIC Code 8052), parking garages, and group housing and hotel/motel
uses (SIC Code 7011) are in addition to the IC gross square footage figures. Wellness
Centers limited to employees and hotel guests within the PUD shall not exceed a maximum
of 40,000 s.f., and shall not be counted towards overall square footage. There shall be no
offsite memberships. The above referenced wellness center shall be located west of
Goodlette-Frank Road.
Notwithstanding the foregoing, the United States Postal Service parcel may use any
available square footage in the I/C District(excluding the 166,000 square feet added by the
October 2016 amendment) and the Business District up to a FAR of .35 on the United
States Postal Service Parcel until all available square footages are used up in the PUD.
3.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. The permitted principal uses and structures will generally consist of light
manufacturing, wholesale, warehouse, processing and packaging, laboratories and
clinics, research, design and product development, business services and corporate
offices and headquarters.
1.Aircraft Parts and Auxiliary Equipment (Group 3728)
2.Apparel and Other Finished Products (Groups 2311-2399)
3.Building Contractors (Groups 1521-1542), except for general contractors
for mobile home repair on site, modular housing and premanufactured
housing assembled on site, dry cleaning plant construction, paper pulp mill
construction, and truck and automobile assembly plant construction.
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4.Business Services(Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352,
7359-7389 except for industrial truck rental and leasing; plants, live: rental
and leasing; toilets, portable: rental and leasing; employment agencies,
except theatrical and motion picture; labor contractors (employment
agencies)model registries; labor pools;manpower pools;modeling service;
dogs, rental of: for protective service; automobile recovery service;
automobile repossession service; bartering services for businesses;
bondspersons; bottle exchanges; check validation service; contractors
disbursement control; filling pressure containers (aerosol) with hair spray,
insecticides, etc.; fire extinguishers, service of gas systems, contract
conversion from manufactured to natural gas; metal slitting and shearing on
a contract or fee basis produce weighing service, not connected with
transportation; scrap steel cutting on a contract or fee basis; solvents
recovery service on a contract or fee basis; tobacco sheeting service on a
contract or fee basis)
5.Child Day Care Services (Group 8351)
6.Communications (Groups 4812-4899 not including major communications
towers related to cellular phone service, radio broadcasting, television
broadcasting, radar or telephone service)
7.Computer and Office Equipment (Groups 3571-3579)
8.Construction; Special Trade Contractors (Groups 1711-1799 except for
boiler erection and installation contractors; drainage system installations,
cesspool and septic tank contractors; fuel oil burner installation and
servicing contractors; gasoline hookup contractors; sewer hookups and
connection for buildings contractors; epoxy application contractors;
fireproofing buildings contractors; gasoline pump installation contractors;
lead burning contractors; and mobile home site setup and tie down
contractors)
9.Depository and Non-Depository Institutions (Groups 6011-6163)
10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives:
bulk,uncompounded;barbituric acid and derivatives: bulk,uncompounded;
cocaine and derivatives; codeine and derivatives; gland derivatives: bulk,
uncompounded; mercury chlorides,U.S.P; mercury compounds,medicinal:
organic and inorganic; morphine and derivatives; opium derivatives)
11. Educational Services (Groups 8249-8299 except construction equipment
operation schools; truck driving schools; automobile driving instruction;
survival schools; vocational counseling)
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12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612,
3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except
for airport lighting transformers, autotransformers, electric (power
transformers) distribution transformers, electric; electric furnace
transformers;lighting transformers,street and airport;transformers,reactor;
atom smashers (particle accelerators; electron beam metal cutting, forming,
and welding machines; electron linear accelerators; electrostatic particle
accelerators))
13. Engineering, Accounting, Research, Management and Related Services
Groups 8711-8748 except chemical laboratories, commercial research;
automobile proving and testing grounds; metallurgical testing laboratories;
pollution testing, except automotive emissions testing; radiation dosimetry
laboratories; seed testing laboratories; veterinary testing laboratories)
14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452,
3469, 3492, 3495, 3496, production of metal is prohibited)
15. Furniture and Fixtures Manufacturing (Groups 2511-2599)
16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-
9229, 9311, 9451, 9511-9532, 9611, 9631-9661)
17. Hotels / Motels (Group 7011), not to exceed a maximum of 349 rooms for
the entire PUD. Only 2 Hotels/Motels are permitted within the PUD. Only
one hotel/motel may be located east of Goodlette-Frank Road, and shall not
exceed 180 rooms, and only one hotel/motel may be located west of
Goodlette Frank Road. The hotel/motel west of Goodlette Frank Road shall
be located on Tract 6, not to exceed 169 rooms, is subject to specific
development standards and setbacks in Section 3.4.
18. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556,
3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting
machines for printing trades; foundry type for printing; presses, printing -
slugs printers'; ammunition and explosives loading machinery; brick
making machines; cement making machinery; chemical kilns; control rod
drive mechanisms for use on nuclear reactors; foundry machinery and
equipment; frame straighteners, automotive(garage equipment); fur sewing
machines; ginning machines, cotton; metal finishing equipment for plating,
except rolling mill lines; metal pickling equipment, except rolling mill
lines)
19. Leather and Leather Products (Groups 3131-3199)
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20. Measuring,Analyzing,and Controlling Instruments;Photographic,Medical
and Optical Goods: Watches and Clocks Manufacturing (Groups 3812-
3843, 3845-3873)
21. Membership Organizations (Groups 8611-8631)
22. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for
dressing of furs: bleaching, blending, cuffing, scraping, and tanning;
feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs
dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping,
curing, tanning, bleaching and dyeing; plumes, feather; tear gas devices
and equipment; veils made of hair)
23. Motion Picture Production (Groups 7812-7819)
24. Motor Freight Transportation (Groups 4214, 4215)
25. Packing and Crating (Group 4783)
26. Paper and Allied Products (Groups 2652-2657, 2673-2679)
27. Personal Services (Groups 7213, 7216, 7219, 7221)
28. Physical Fitness Facilities (Group 7991)
29. Plastic Materials and Synthetics (Groups 2833,2834)
30. Printing, Publishing and Allied Industries (Groups 2711-2791)
31. Professional Offices: including but not limited to, Travel Agencies (Group
4724); Insurance Agencies(Group 6411);Insurance Carriers(Groups 6311-
6399); Real Estate (Groups 6512, 6514, 6517, 6519, 6531, 6541, 6552,)
32. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086,
3088, 3089)
33. Transportation Equipment (Group 3732, except for boats, fiberglass:
building and repairing; boats: motorboats, sailboats, rowboats, and canoes
building and repairing; houseboats, building and repairing; motorboats,
inboard and outboard: building and repairing)
34. United States Postal Service (Group 4311)
35. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas
storage,petroleum and chemical bulk stations and automobile dead storage)
only one (1) self-storage use allowed to be located adjacent to the Collier
County Sewage Treatment Plant.
36. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063-
5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale;
lumber: rough, dressed, and finished-wholesale; batteries, except
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automotive-wholesale; storage batteries, industrial-wholesale; unit
substations-wholesale; boilers, power: industrial-wholesale; boilers, steam
and hot water heating-wholesale; burners, fuel oil and distillate oil-
wholesale; oil burners-wholesale)
37. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-
5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-
wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases,
animal and vegetable-wholesale; ice, manufactured or natural-wholesale,
leather and cut stock-wholesale; linseed oil-wholesale; oils,except cooking:
animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber,
crude-wholesale; sawdust-wholesale; vegetable cake and meal-wholesale;
wigs-wholesale; worms-wholesale)
38. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Development and
Environmental Services Administrator determines to be compatible in this
District.
B. Restricted Principal Uses
The following medical related uses must be located within a 1/4 mile radius of the
hospital property boundary.
1.Group housing for the elderly limited to Assisted living facilities,
independent living units, skilled nursing units and continuing care
retirement communities. A maximum of 400 aggregate beds shall be
permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and
4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank
Road.
2.Health Services, medical clinics and offices (Groups 8011-8049, 8052), a
maximum of 400 aggregate beds shall be permitted for the uses listed in
Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses
are limited to parcels located east of Goodlette-Frank Road.
3.Medical Laboratories and research and Rehabilitative Centers (Groups
8071-8092, 8099)
4.Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Development and
Environmental Services Administrator determines to be compatible in this
District.
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C. Permitted Accessory Uses and Structures:
1.Uses and structures that are accessory and incidental to uses permitted in
this district, including indoor and outdoor recreational facilities, including
but not limited to physical fitness facilities, playfields and fitness trails.
Stadiums shall be prohibited.
2.Retail and wholesale sales and/or display areas as accessory to the principal
use,not to exceed an area greater than forty percent(40%)of the gross floor
area of the permitted principal use.
D. Operational Requirements for Group Housing
Group housing uses described in Section 3.2.B.1 shall provide the following
services and/or be subject to the following operational standards:
1. The facility shall be for residents 55 years of age and older.
2. There shall be on-site dining for the residents.
3. Group transportation services shall be provided for residents for the
purposes of grocery and other types of shopping. Individual
transportation services may be provided for the residents' individualized
needs including but not limited to medical office visits.
4. There shall be an on-site manager/activities coordinator to assist residents
with their individual needs. The manager/coordinator shall also be
responsible for arranging trips to off-site events as well as planning for
lectures, movies, music and other entertainment for the residents at the
on-site clubhouse.
5. A wellness center shall be provided on-site. Exercise and other fitness
programs shall be provided for the residents.
6. Each unit shall be equipped to notify emergency service providers in the
event of medical or other emergency.
7. Each unit shall be designed to accommodate residents with physical
impairments (handicaps) as required by the applicable building codes and
federal law and regulation.
3.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 20,000 S.F.
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B. Minimum Lot Width: 100 FT.
C. Minimum Yard Requirements:
1.Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty
feet (50'). For parcels located east of Goodlette-Frank Road, see additional
setback requirements in Section 3.4.C.7.a.
2.Front Yard, Internal: Thirty feet (30')
3.Side Yard: Ten feet (10')
Five feet (5') to internal property line along Pine Ridge canal
drainage easement and FP&L easement
4.Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise
twenty feet (20')
5.Rear Yard: Twenty-five feet (25')
6.Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet
50')
7.Minimum Building Setback from Existing Goodlette-Frank Road Right-of-
Way East of Goodlette-Frank Road:
a) Goodlette-Frank Road: Minimum of fifty feet (50'), except as
provided as follows:
i)For group housing for elderly and intermediate care use:
a) If the zoned height of any structure exceeds 50 feet,
the minimum setback is 75 feet plus for any portion
of a building exceeding fifty feet in zoned height an
increased setback at a 1:2 ratio (i.e., for one vertical
foot of height, setback is increased by two horizontal
feet) for that portion of the building over 50 feet of
height.
ii) For hotel/motel use:
a) Minimum setback of 75 feet regardless of height plus
for any portion of a building exceeding fifty feet in
zoned height an increased setback at a 1:2 ratio (i.e.,
for one vertical foot of height, setback is increased
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by two horizontal feet) for that portion of the
building over 50 feet of height.
D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: fifty feet
50'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc.
Facilities located on Tract 5 on the Master Plan shall have a maximum zoned height
of one-hundred four (104') feet and a maximum actual height of one-hundred
twenty two(122')feet, For parcels east of Goodlette-Frank Road: the Hotel,group
housing for the elderly, and the intermediate care facility shall have a zoned height
seventy-five feet (75'), actual height eight-five feet (85'). All other uses permitted
east of Goodlette-Frank Road pursuant to Section III shall have a zoned height of
fifty feet (50') and an actual height of sixty feet (60').
E. Outside storage or display shall be permitted and shall be screened from all internal
and external public roadways with a fence or landscaping equivalent or
combination thereof. Said fence, wall or landscaped screen shall be opaque in
design. All manufacturing operations and equipment, including accessory process
equipment such as compressors and air handlers shall be contained in an enclosed
structure.
F. All I/C buildings shall meet the requirements of Section 5.05.08 of the LDC, except
for buildings located on Tract 5, and 6 on the Master Plan, which shall be subject
to the deviation process in Section 5.05.08 of the LDC (see Section 3.5.2,
Development Deviations, of this PUD Ordinance). The building located on Tract
5 shall be similar in architectural style to the conceptual building rendering in
Exhibit C.
G. Business District type uses located within the I/C District along Goodlette-Frank
Road will meet the Collier County Architectural Guidelines in Division 2.8. of the
LDC.
H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of
Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing
the landscaped buffer applicable to business uses fronting Goodlette-Frank Road,
provided the portion of the building facing Goodlette-Frank Road meets the
following Architectural Guideline Sections of the LDC, therefore satisfying the
intent of the building design section of the Architectural Guidelines in the opinion
of the Community Development and Environmental Services Administrator:
1.Section 2.8.3.5.1., Purpose and Intent
2.Section 2.8.3.5.4., Facade Standard
3.Section 2.8.3.5.6., Project Standards
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4.Section 2.8.3.5.7., Detail Features except for 2.8.3.5.7.2.
5.Section 2.8.3.5.12.
I.Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican
Marsh boundary shall orient loading docks to the north, east or west.
J.Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of
7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59
a.m. and all of Sundays, as measured at the property boundary of the land use from
which the sound emanates.
K. Odor: No business shall cause or allow the emission of odorous air from any single
source such as to result in odors which are detectable outside the parcel boundaries.
Best practical treatment, maintenance, and control currently available shall be
utilized in order to maintain the lowest possible emission of odorous air.
L. Lighting: Lighting shall be located so that no light is aimed directly toward a
property designated residential if lighting is located within 200 feet of residential
property. Light fixtures within parking areas shall not exceed 25 feet in height.
M. Emissions: All sources of air emissions shall comply with rules set forth by the
Environmental Protection Agency (Code of Federal Regulations, Title 40) and the
Florida Department of Environmental Regulation (Florida Administrative Code,
Chapter 17-2). No person shall operate a regulated source of air emissions without
a valid operation permit issued by the Department of Environmental Regulation.
3.5 DEVELOPMENT DEVIATIONS
1.Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio
FAR) for group housing uses, to permit an FAR of .6 for group housing uses,
including the intermediate care facilities.
2.Deviation from LDC Section 5.05.08, Deviations and alternate compliance, which
authorizes the County Manager or designee to administratively approve deviations
from compliance with Section 5.05.08 of the LDC for specific types of buildings,
to allow general office and medical office, hotel and physical fitness facilities that
can be constructed on Tract 5 and 6 of the Master Plan to be eligible for this
deviation process.
3.Deviation from LDC Section 4.06.02.C.4., Type D Buffer, which requires a 10'
wide Type D buffer adjacent to rights of way, with trees spaced no more than 30'
on center,to permit the existing street trees planted along the west side of Creekside
Street to satisfy the minimum Type D buffer tree requirement of the eastern
boundary of Tract 5.
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3.6 LANDSCAPE BUFFER RESTRICTIONS
The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.B.2.
and B.3) are prohibited
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SECTION IV
BUSINESS DISTRICT
4.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within Creekside Commerce Park designated on the Master Plan as "B".
4.2 GENERAL DESCRIPTION
Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of
269,000 square feet of Floor Area, including approximately 219,000 square feet of office
uses -50,000 square feet of retail uses, and up to 300 multi-family rental apartments
within the 9.9+acre Creekside Commerce Park East Mixed Use Subdistrict of the Growth
Management Plan, shown on the Master Plan) on 22.9023.37± net acres. Intermediate
care facilities (SIC Code 8052), parking garages, and group housing and hotel/motel uses
SIC Code 7011) are in addition to the B District gross square footage figures. Wellness
Centers limited to employees and hotel guests within the PUD shall not exceed a maximum
of 40,000 s.f., and shall not be counted towards overall square footage. There shall be no
offsite memberships. The above referenced wellness center shall be located west of
Goodlette-Frank Road.
4.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1.Apparel and Accessory Stores (Groups 5611-5699)
2.Breweries (Group 2082)
3.Building Contractors (Groups 1521-1542), except for general contractors
for mobile home repair on site, modular housing and premanufactured
housing assembled on site, dry cleaning plant construction, paper pulp mill
construction, and truck and automobile assembly plant construction.
4.Business Services(Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352,
7359-7389 except for industrial truck rental and leasing; plants, live: rental
and leasing; toilets, portable: rental and leasing; employment agencies,
except theatrical and motion picture; labor contractors (employment
agencies)model registries; labor pools;manpower pools;modeling service;
dogs, rental of: for protective service; automobile recovery service;
automobile repossession service; bartering services for businesses;
Words are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-1 September 16, 2021
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Packet Pg. 189 Attachment: Attachment E Hex Backup revised (20971 : PL20210002390 Creekside Commerce Park PDI)
bondspersons; bottle exchanges; check validation service; contractors
disbursement control; filling pressure containers (aerosol) with hair spray,
insecticides, etc.; fire extinguishers, service of gas systems, contract
conversion from manufactured to natural gas; metal slitting and shearing on
a contract or fee basis produce weighing service, not connected with
transportation; scrap steel cutting on a contract or fee basis; solvents
recovery service on a contract or fee basis; tobacco sheeting service on a
contract or fee basis)
5.Child Day Care Services (Group 8351)
6.Convenience Store, food market(Group 5411) only two (2) allowed within
the PUD and Gasoline Filling Station (Group 5541) only one (1) allowed
within the PUD.
7.Communications (Groups 4812-4899),not including major communication
towers related to cellular phone service, radio broadcasting, television
broadcasting, radar or telephone service.
8.Dance and Martial Arts Studios (Groups 7911 and 7999, including only
gymnastics and martial arts instruction)
9.Depository and Non-Depository Institutions (Groups 6011-6163) including
automatic teller machines
10. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives:
bulk,uncompounded;barbituric acid and derivatives:bulk,uncompounded;
cocaine and derivatives; codeine and derivatives; gland derivatives: bulk,
uncompounded;mercury chlorides,U.S.P;mercury compounds,medicinal:
organic and inorganic; morphine and derivatives; opium derivatives)
11. Dwelling Units, Multi-Family (within the 9.9± acre Creekside Commerce
Park East Mixed Use Subdistrict of the Growth Management Plan, shown
on the Master Plan)
12. Eating Places(Group 5812)not including stand alone drive-thru restaurants.
4-2713. Educational Services (Groups 8249-8299 except construction equipment
operation schools; truck driving schools; automobile driving instruction;
survival schools; vocational counseling)
1-3-14. Engineering, Accounting, Research, Management and Related Services
Groups 8711-8748 except chemical laboratories, commercial research;
automobile proving and testing grounds; metallurgical testing laboratories;
pollution testing, except automotive emissions testing; radiation dosimetry
laboratories; seed testing laboratories; veterinary testing laboratories)
Words k through are deleted; words underlined are added.
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4-415. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-
9229, 9311, 9451, 9511-9532, 9611, 9631-9661)
4-5-16. Hardware Stores (Group 5251)
4-6:17. Home Furniture, Furnishings and Equipment Stores (Groups 5712-5736)
4-7718. Hotels / Motels (Group 7011); not to exceed a maximum of 349 rooms for
the entire PUD. Only 2 hotels/motels are permitted within the PUD. Only
one hotel/motel may be located east of Goodlette-Frank Road, and shall not
exceed 180 rooms, and only one hotel/motel may be located west of
Goodlette Frank Road. The hotel/motel west of Goodlette Frank Road shall
be located on Tract 6, not to exceed 169 rooms, is subject to specific
development standards and setbacks in Section 4.4.
4-8,19. Miscellaneous Food Stores (Group 5499)
4-9-20. Miscellaneous General Merchandise Stores (Group 5399)
20.21. Miscellaneous Retail (Groups 5912-5949 and 5992-5999, excluding used
merchandise stores, fireworks, gravestones, tombstones and monuments,
ice dealers, sales barns, and swimming pools; retail)
2-1722. Paint/Glass and Wallpaper (Group 5231)
22.23. Personal Services (Groups 7215, excluding self-service or coin laundries,
7221-7251, 7291 and 7299, including only clothing rental, costume rental,
tanning salons and hair services)
23.24. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies
Group 6411); Insurance Carriers (Groups 6311-6399);Real Estate(Groups
6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other
Investment Offices (Groups 6712-6799); Attorneys (Group 8111)
24.25. Physical Fitness Facilities (Group 7991)
25.26. Retail Bakeries (Group 5461)
26.27. Security and Commodity Brokers (Groups 6211-6289)
27.28. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Development and
Environmental Services Administrator determines to be compatible in this
District.
B. Restricted Principal Uses
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-3 September 16, 2021
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The following medical related uses must be located within 1/4 mile radius of the
hospital property boundary.
1.Group housing for the elderly limited to assisted living facilities,
independent living units, skilled nursing units and continuing care
retirement communities. A maximum of 400 aggregate beds shall be
permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and
4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank
Road.
2.Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store
allowed.
3.Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052), a
maximum of 400 aggregate beds shall be permitted for the uses listed in
Sections 3.3.B.1, 3.3.B.2,4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses are
limited to parcels located east of Goodlette-Frank Road.
4.Medical Laboratories and research and Rehabilitative Centers (Groups
8071-8099)
5.Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Development and
Environmental Services Administrator determines to be compatible in this
District.
C. Permitted Accessory Uses and Structures
1.Accessory uses and structures customarily associated with principal uses
permitted in this district, including indoor and outdoor recreational
facilities, including but not limited to physical fitness facilities, playfields
and fitness trails on areas not designated IC or B on the PUD Master Plan.
Stadiums shall be prohibited.
2.Retail and wholesale sales and/or display areas as accessory to the principal
use,not to exceed an area greater than forty percent(40%)of the gross floor
area of the permitted principal use.
3.Parking structure supporting dwelling units may be constructed on Tract 9.
D. Operational Requirements for Group Housing
Group housing uses described in Section 4.2.B.1 shall provide the following
services and/or be subject to the following operational standards:
Words struck through are deleted; words underlined are added.
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1. The facility shall be for residents 55 years of age and older.
2. There shall be on-site dining for the residents.
3. Group transportation services shall be provided for residents for the
purposes of grocery and other types of shopping. Individual
transportation services may be provided for the residents' individualized
needs including but not limited to medical office visits.
4. There shall be an on-site manager/activities coordinator to assist residents
with their individual needs. The manager/coordinator shall also be
responsible for arranging trips to off-site events as well as planning for
lectures, movies, music and other entertainment for the residents at the
on-site clubhouse.
5. A wellness center shall be provided on-site. Exercise and other fitness
programs shall be provided for the residents.
6. Each unit shall be equipped to notify emergency service providers in the
event of medical or other emergency.
7. Each unit shall be designed to accommodate residents with physical
impairments (handicaps) as required by the applicable building codes and
federal law and regulation.
4.4 DEVELOPMENT STANDARDS
1. Non-Residential
A. Minimum Lot Area: 20,000 S.F.
B. Minimum Lot Width: 100 FT.
C. Minimum Yard Requirements:
1.Front Yard, Immokalee and Goodlette-Frank Roads: Fifty feet (50')
2.Front Yard, Internal Roads: Thirty feet (30'), except for parking structures
located on Tract 9, which shall be allowed to have a fifteen foot (15')
setback.
3.Side Yard: Ten feet (10')
Five feet (5') to internal property line along the Pine Ridge canal drainage
easement and FP&L easement
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-5 September 16, 2021
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Packet Pg. 193 Attachment: Attachment E Hex Backup revised (20971 : PL20210002390 Creekside Commerce Park PDI)
4.Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise
twenty feet (20')
5.Rear Yard: Twenty-five feet (25')
6.Minimum Building Setback from Perimeter Boundary of PUD for
Properties West of Goodlette-Frank Road:
a) Fifty feet (50') for buildings up to thirty five feet (35') in height.
b) Three additional feet (3') for every one foot of building height over
thirty five feet (35') adjoining residential districts.
7.For Properties East of Goodlette-Frank Road: Minimum Building Setback
from Perimeter Boundary of PUD and from Public Roadways:
a) Immokalee Road: Minimum of fifty feet (50') plus for any portion
of a building exceeding a zoned height of fifty feet(50'),that portion
of the building shall have its building setback increased at a 1:3 ratio
i.e. one (1') vertical foot of height for every three (3') horizontal
feet); or
For any portion of a hotel that may be constructed on the B
designated tract at the southeast corner of Goodlette-Frank Road and
Immokalee Road, a minimum three hundred fifty foot (350')
building setback from Immokalee Road.
b) Goodlette-Frank Road: Minimum of fifty feet (50') and for any
portion of a building exceeding a zoned height of fifty feet (50'),
that portion of the building shall have the setback increased at a 1:2
ratio(i.e. one(1')vertical foot of height for every two(2')horizontal
feet); or
For any portion of a hotel on the B designated tract on the southeast
corner of Immokalee Road and Goodlette-Frank Road, the
minimum setback from Goodlette-Frank Road shall be seventy-five
75') regardless of height.
D. Maximum Height(Zoned): For parcels west of Goodlette-Frank Road, three stories
over parking to a maximum of fifty feet (50') except that no structure shall be
greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage
Easement.
For Properties East of Goodlette-Frank Road:
Words Eck through are deleted; words underlined are added.
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Packet Pg. 194 Attachment: Attachment E Hex Backup revised (20971 : PL20210002390 Creekside Commerce Park PDI)
a) The group housing for the elderly and intermediate care facilities
constructed on the B designated tract located at the southeast quadrant of
the Goodlette-Frank Road and Immokalee Road intersection shall have a
zoned height of sixty feet (60') and an actual height of seventy feet (70'),
except that a hotel building or structure associated with this use may not
exceed a zoned height of seventy five feet (75') and an actual height of
eighty five (85'). All other uses on Tract 9 on the Master Plan shall be
permitted to have a zoned height of seventy five feet (75') and an actual
height of eighty five (85')
b) The group housing for the elderly and intermediate care facilities
constructed on the easternmost B designated tract adjacent to Immokalee
Road, as shown on the Master Plan, shall have a zoned height of sixty feet
60') and an actual height of seventy feet (70').
c) All other uses permitted pursuant to Section IV shall be limited to a
maximum zoned height of fifty (50') and an actual height of sixty (60').
E. Commercial design guidelines for facilities in the Business District shall be subject
to the provisions of Division 2.8. Architectural and Site Design Standards and Site
Design Standards for commercial buildings and projects, except buildings located
on the southern portion of Tract 3. Buildings located in the southern portion of
Tract 3 as labeled on the Master Plan shall be subject to the deviation process in
Section 5.05.08 of the LDC (see Section 4.5.3, Development Deviations, of this
PUD Ordinance).
F. Outside storage or display shall be permitted and shall be screened from all internal
and external public roadways with a fence at least seven feet in height above ground
level, or landscaping equivalent or combination thereof. Said fence, wall or
landscaped screen shall be opaque in design.
2. Residential
PRINCIPAL STRUCTURES MULTI-FAMILY
Minimum Lot Area 1 acre
Minimum Lot Width N.A.
Minimum Lot Death N.A.
Minimum Front Yard Setback (Goodlette-Frank Road) 50 feet (1)
Minimum Side Yard Setback 10 feet
Minimum Rear Yard Setback 10 feet
Minimum from Creekside Blvd. E. (2)(4) 30 feet
Minimum Lake Maintenance Easement Setback 0 feet
Minimum PUD Boundary Setback 50 feet
Words struck— augh are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-7 September 16, 2021
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Packet Pg. 195 Attachment: Attachment E Hex Backup revised (20971 : PL20210002390 Creekside Commerce Park PDI)
Maximum Building Height
Zoned 95 feet
Actual 100 feet
Minimum Distance Between Buildings 20 feet
Floor Area Min. (S.F.), per unit 550 s.f.
ACCESSORY STRUCTURES
Minimum Front Yard Setback (Goodlette-Frank Road) 50 feet
Minimum Side Yard Setback 5 feet
Minimum Rear Yard Setback 10 feet
Minimum from Creekside Blvd. E. 15 feet (2)(4)
Minimum PUD Boundary Setback 15 feet
Minimum Distance Between Building 0/10 feet
Maximum Height (3)
Zoned 20 feet
Actual 25 feet
i1) For any portion of a building exceeding a zoned height of fifty feet (50'), that
portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (1')
horizontal foot setback for every two (2') vertical feet of height).
2) There shall be no required building setback from Creekside Boulevard East for a
pedestrian bridge and supporting infrastructure.
3) Not applicable to an elevated pedestrian bridge. Parking garage shall be subject to
building height per Section 4.4.D. a) above.
4) A free-standing parking garage may be constructed at fifteen feet (15') from
Creekside Boulevard East.
4.5 DEVELOPMENT DEVIATIONS
1.Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio
FAR) for group housing uses, to permit an FAR of .6 for group housing uses,
including the intermediate care facility.
2.Deviation from LDC Section 5.06.04.F.3 Directory signs, which authorizes one (1)
directory sign to be located at the project entrance, to permit installation of the
directory sign on Immokalee Road east of Goodlette-Frank Road, not at the project
entry, but rather at a location between the project entry and Goodlette-Frank Road.
3.Deviation from LDC Section 5.05.08.G, Deviations and alternate compliance,
which authorizes the County Manager or designee to administratively approve
deviations from compliance with Section 5.05.08 of the LDC for specific types of
buildings, to allow general office and medical office, hotel and physical fitness
facilities that can be constructed on the southern portion of Tract 3 of the Master
Plan to be eligible for this deviation process.
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-8 September 16, 2021
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Packet Pg. 196 Attachment: Attachment E Hex Backup revised (20971 : PL20210002390 Creekside Commerce Park PDI)
4.Deviation from LDC Section 4.06.02.C.2, "Table 2.4 Table
of Buffer Requirements by Land Use Classifications", which requires Residential
RMF-6,RMF-12,RMF-16)multifamily district/use adjacent to Commercial 3 (C-
1, C-2, C-3, C-4, C-5): Business Park (BP) district/use to provide a 15' wide type
B' landscape buffer, to allow no buffer between the proposed residential use and
the existing commercial use located to the north and a shared 15 foot wide type 'B'
buffer with the institutional use located to the south.
4.6 LANDSCAPE BUFFER RESTRICTIONS
The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.A.2
and B.2) are prohibited.
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 4-9 September 16, 2021
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Packet Pg. 197 Attachment: Attachment E Hex Backup revised (20971 : PL20210002390 Creekside Commerce Park PDI)
SECTION V
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area.
5.2 GENERAL DESCRIPTION
Areas designated as Preserve Area on the Master Plan are designed to accommodate natural
systems existing or created as preserves and limited water management uses and functions.
5.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Uses and Structures
1.Boardwalks and nature trails (excluding asphalt paved trails).
2.Water management structures.
3.Any other preserve and related open space activity or use which is
comparable in nature with the foregoing uses, permitted in accordance with
the LDC and which the Board of Zoning Appeals (BZA) or Hearing
Examiner determines to be compatible in the Preserve Area.
5.4 PRESERVE DISTRICT PRESERVATION EASEMENT
A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for
preservation lands included in the Preserve Area. The Developer, its successor or assign
shall be responsible for the control and maintenance of lands within the Preserve Area.
Exact location/boundary of the Preserve Area will be determined during the development
permitting process with the South Florida Water Management District, Army Corps of
Engineers, and Collier County.
Words struck through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 5-1 July 21, 2021
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Packet Pg. 198 Attachment: Attachment E Hex Backup revised (20971 : PL20210002390 Creekside Commerce Park PDI)
5.5 PRESERVE AREA ADJUSTMENTS
The proposed native vegetation retention areas, depicted on the Creekside Commerce Park
Master Plan, are intended for meeting the native vegetation requirements of the Collier
County Growth Management Plan and the Collier County LDC. Adjustments may be made
to the location of the preservations areas at the time of preliminary plat or site development
plan approval. If adjustments are needed, per the Collier County LDC the Developer will
have the option to increase the preservation in another area, enhance and preserve another
area, or provide increased native landscape per the Collier County LDC. The proposed
preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on
the Creekside Commerce Park master plan, are areas where the native vegetation
requirements may be met on-site as set forth in the Collier County LDC.
Words Vie-through are deleted; words underlined are added.
PL20190002850 CPUD Amendment 5-2 July 21, 2021
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Packet Pg. 201 Attachment: Attachment E Hex Backup revised (20971 : PL20210002390 Creekside Commerce Park PDI)
EXHIBIT B1
CROSS SECTIONS (ENLARGED)
INTERNAL PARCEL PARKING STREET LIGHT
HEDGE
CANOPY TREE
DEWALK
CANOPY TREE
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N,T.B
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HEDGE
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PARCEL ENTRANCE MONUMENT SIDEWALK
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
November 3, 2021
Ms. Martha S. Vergara, Board Minutes & Records Dept.
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-35, which was filed in this office on November 3,
2021.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
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Exhibit 1
PUD REVISIONS: Add Section 2.23, Revise Sections 3.4 F. and 3.5 2.
Creekside Commerce Park PUD 29331193162 (PDI) – PL20210002390
11-8-2021
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com
www.gradyminor.com
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PL20210002390 Creekside Commerce Park PUD (PDI) November 12, 2021
SECTION II
PROJECT DEVELOPMENT
*** *** *** *** *** Text break *** *** *** *** ***
2.23 PUD MONITORING
One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until
closeout of the PUD, and this entity shall also be responsible for satisfying all PUD commitments
until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is Creekside
Commerce East, Inc., 2600 Golden Gate Parkway, Naples, FL 34105. Should the Managing Entity
desire to transfer the monitoring and commitments to a successor entity, then it must provide
a copy of a legally binding document that needs to be approved for legal sufficiency by the
County Attorney. After such approval, the Managing Entity will be released of its obligations
upon written approval of the transfer by County staff, and the successor entity shall become
the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide
written notice to County that includes an acknowledgement of the commitments required by
the CPUD by the new owner and the new owner’s agreement to comply with the Commitments
through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility
under this Section. When the PUD is closed-out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of PUD commitments.
*** *** *** *** *** Text break *** *** *** *** ***
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PL20210002390 Creekside Commerce Park PUD (PDI) November 12, 2021
SECTION III
INDUSTRIAL/COMMERCE DISTRICT
*** *** *** *** *** Text break *** *** *** *** ***
3.4 DEVELOPMENT STANDARDS
*** *** *** *** *** Text break *** *** *** *** ***
F. All I/C buildings shall meet the requirements of Section 5.05.08 of the LDC, except for
buildings located on Tracts 5, and 6, and 7 on the Master Plan, which shall be subject to
the deviation process in Section 5.05.08 of the LDC (see Section 3.5.2, Development
Deviations, of this PUD Ordinance). The building located on Tract 5 shall be similar in
architectural style to the conceptual building rendering in Exhibit C.
*** *** *** *** *** Text break *** *** *** *** ***
3.5 DEVELOPMENT DEVIATIONS
1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for
group housing uses, to permit an FAR of .6 for group housing uses, including the
intermediate care facilities.
2. Deviation from LDC Section 5.05.08, Deviations and alternate compliance, which
authorizes the County Manager or designee to administratively approve deviations from
compliance with Section 5.05.08 of the LDC for specific types of buildings, to allow
general office and medical office, hotel and physical fitness facilities that can be
constructed on Tracts 5, and 6, and 7 of the Master Plan to be eligible for this deviation
process.
3. Deviation from LDC Section 4.06.02.C.4., Type D Buffer, which requires a 10’ wide Type
D buffer adjacent to rights of way, with trees spaced no more than 30’ on center, to
permit the existing street trees planted along the west side of Creekside Street to satisfy
the minimum Type D buffer tree requirement of the eastern boundary of Tract 5.
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Creekside Commerce Park PUD (PL20210002390)
Deviation Justification
September 29, 2021 Page 1 of 1
ACPDI-21 Deviation Justification.docx
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
3.5 DEVELOPMENT DEVIATIONS
2. Deviation from LDC Section 5.05.08, Deviations and alternate compliance, which
authorizes the County Manager or designee to administratively approve
deviations from compliance with Section 5.05.08 of the LDC for specific types of
buildings, to allow general office and medical office, hotel and physical fitness
facilities that can be constructed on Tract 5, 6 and 7 of the Master Plan to be
eligible for this deviation process.
Justification:
This deviation was previously approved by Ordinance 2016-32 and amended by
Ordinance 2018-19 to include Tract 6. All properties in I/C Tracts 5, 6 and 7 are owned
by Arthrex and providing for the alternative architectural compliance process will allow
for common building design elements for buildings comprising the Arthrex campus.
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1265 CREEKSIDE PARKWAY
SUITE 210
NAPLES, FL 34108
Current Principal Place of Business:
Current Mailing Address:
1265 CREEKSIDE PARKWAY
SUITE 210
NAPLES, FL 34108 US
Entity Name: KRISDAN MANAGEMENT, INC.
DOCUMENT# F14000001698
FEI Number: 46-1626094 Certificate of Status Desired:
Name and Address of Current Registered Agent:
HALL, DANIEL ASST TREASURER & VP
1265 CREEKSIDE PARKWAY
SUITE 210
NAPLES, FL 34108 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE:
Electronic Signature of Signing Officer/Director Detail Date
DANIEL HALL
FILED
Jan 11, 2021
Secretary of State
5732565942CC
DANIEL HALL VICE PRESIDENT 01/11/2021
2021 FOREIGN PROFIT CORPORATION ANNUAL REPORT
No
01/11/2021
Title CHAIRMAN, PRESIDENT
Name SCHMIEDING, REINHOLD D
Address 1370 CREEKSIDE BLVD.
City-State-Zip:NAPLES FL 34108
Title ASST. TREASURER
Name ORBEA, ZEIDA
Address 1265 CREEKSIDE PARKWAY
SUITE 210
City-State-Zip:NAPLES FL 34108
Title ASST. TREASURER, VP
Name HALL, DANIEL
Address 1265 CREEKSIDE PARKWAY
SUITE 210
City-State-Zip:NAPLES FL 34108
Title VP
Name SCHMIEDING, ERIKA
Address 1370 CREEKSIDE BLVD
City-State-Zip:NAPLES FL 34108
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COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
ADDRESSING CHECKLIST
Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division
at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by
Addressing personnel prior to pre-application meeting, please allow 3 days for processing.
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type)
BL (Blasting Permit)
BD (Boat Dock Extension)
Carnival/Circus Permit
CU (Conditional Use)
EXP (Excavation Permit)
FP (Final Plat
LLA (Lot Line Adjustment)
PNC (Project Name Change)
PPL (Plans & Plat Review)
PSP (Preliminary Subdivision Plat)
PUD Rezone
RZ (Standard Rezone)
SDP (Site Development Plan)
SDPA (SDP Amendment)
SDPI (Insubstantial Change to SDP)
SIP (Site Im provement Plan)
SIPI (Insubstantial Change to SIP)
SNR (Street Name Change)
SNC (Street Name Change – Unplatted)
TDR (Transfer of Development Rights)
VA (Variance)
VRP (Vegetation Removal Permit)
VRSFP (Vegetation Removal & Site Fill Permit)
OTHER
LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached)
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only)
LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
PROPOSED PROJECT NAME (if applicable)
SDP - or AR or PL #
SURVEY (copy - needed only for unplatted properties)
CURRENT PROJECT NAME (if applicable)
Rev. 6/9/2017 Page 1 of 2
name not yet approved
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S27, T48, R25 (see attached)
29331193162
1336 Innovation Boulevard
Creekside Commerce Park
PL20210001970
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Please Return Approved Checklist By: Email Personally picked up
Applicant Name:
Signature on Addressing Checklist does not constitute Project and/or Street Name
approval and is subject to further review by the Operations Division.
FOR STAFF USE ONLY
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved by: Date:
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
Fax
Email/Fax:Phone:
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
Rev. 6/9/2017 Page 2 of 2
09/02/2021
29331193162
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n
Sharon Umpenhour
239-947-1144 sumpenhour@gradyminor.com
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Immokalee RD
Goodlette-Frank RD NCreekside BLVD
C o llie rs R e s e r v e D R
B
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a
s
si
e
B
N
D
Creekside PKWY
Niblick LNHealth Park BLVDCreekside BLVD EM e d i c a l B LV D
Bentgrass BND Creekside STBar
car
mi
l
WAYRemington WAYMashie CTSource: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Creekside Commerce Park PUD
Location Map .
560 0 560280 Feet
Legend
Subject Property
Creekside PUD
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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: Creekside Commerce Park PUD 29331193162 (PL20210002390)
A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates,
P.A., representing RES Florida 1370 Holdings, LLC (Applicant) will be held November 9, 2021, 5:30 pm at
Arthrex (1 Arthrex Way, Naples, FL 34108). Questions or comments please contact Sharon Umpenhour,
Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor.com
or 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.
RES Florida 1370 Holdings, LLC submitted a formal application to Collier County seeking approval of an
Insubstantial Change to a PUD (PDI). The PDI proposes to modify the PUD Ordinance to allow Tract 7 on the
PUD Master Plan to qualify for the alternative architectural compliance process as was previously approved
for other buildings on the Arthrex Campus.
The Creekside Commerce Park PUD is comprised of 106± acres, located on the southwest and southeast
quadrant of Immokalee Road and Goodlette-Frank Road in Section 27, Township 48 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. The Neighborhood Information Meeting is for informational purposes, it is not a public hearing.
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Packet Pg. 281 Attachment: Attachment E Hex Backup revised (20971 : PL20210002390 Creekside Commerce Park PDI)
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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: PL20210002390 | Buffer: 500' | Date: 10/18/2021 | Site Location: Creekside Commerce Park PUDPOList_500.xls3.A.fPacket Pg. 282Attachment: Attachment E Hex Backup revised (20971 : PL20210002390 Creekside Commerce Park PDI)
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CT #8102NAPLES, FL 34110---0 REMINGTON RESERVE A CONDOMINIUM UNIT 80269229000602 USOUTHWEST FLORIDA WOMEN'S GROUP AND BUILDING CO LLC 1890 SW HEALTH PKWY STE 303NAPLES, FL 34109---473 GULFCOAST MEDICAL ARTS CENTER A CONDOMINIUM UNIT 3-B48501000202 USOUTHWEST FLORIDA WOMEN'S GROUP BUILDING CO LLC 1890 SW HEALTH PKWY STE 303NAPLES, FL 34109---473 GULFCOAST MEDICAL ARTS CENTER A CONDOMINIUM UNIT 3-C48501000228 USTELZER, JOHN A & CHRISTINE J 4 ALEXANDER CTBAYPORT, NY 11705---0 REMINGTON RESERVE A CONDOMINIUM UNIT 110369229000864 USTURINO REVOCABLE TRUST 11612 USEPPA CTNAPLES, FL 34110---0 REMINGTON RESERVE A CONDOMINIUM UNIT 60469229000482 USW FLA WOMENS GROUP COM LLC 1890 SW HEALTH PKWY STE 303NAPLES, FL 34109---473 GULFCOAST MEDICAL ARTS CENTER A CONDOMINIUM UNIT 3-E48501000260 USWAMP LLC 3860 PEMBROOKE LANEVESTAL, NY 13850---0 REMINGTON RESERVE A CONDOMINIUM UNIT 110469229000880 UTORRENS LLC 1890 SW HEALTH PKWY #302NAPLES, FL 34109---0 GULFCOAST MEDICAL ARTS CENTER A CONDOMINIUM UNIT 3-D48501000244 UTRAIL BOULEVARD LLLP %PARADIGM TAX- ESS #1638 PO BOX 800729DALLAS, TX 75380---0 27 48 25 THAT PORTION LYING S OF IMMOKALEE RD AND ELY OF GOODLETTE FRANK RD AS FURTHER DESC IN OR 4522 PG 381 00168040106 UTRAIL BOULEVARD LLLP %PARADIGM TAX- ESS #1638 PO BOX 800729DALLAS, TX 75380---0 27 48 25 COMM AT NE CNR SEC 27 S01DEG 09'43"E 1314.62FT, S89 DEG 48'50'W 677.35FT, S05DEG 35'39"E 229.90FT TO POB, S05 00168042706 UTURICCHI, THOMAS E & LEE A 1320 REMINGTON WAY #12201NAPLES, FL 34110---0 REMINGTON RESERVE A CONDOMINIUM UNIT 120369229000945 UUNITED STATES POSTAL SERVICE 4000 DEKALB TECHNOLOGY PKWY STE 300ATLANTA, GA 30340---2761 CREEKSIDE COMMERCE PARK WEST UNIT ONE LOT 529331190848 UWALSH, PHYLLIS WILLIAM WALSH 3860 PEMBROKE LNVESTAL, NY 13850---0 REMINGTON RESERVE A CONDOMINIUM UNIT 10369229000068 UWALSH, WILLIAM PHYLLIS WALSH 3860 PEMBROKE LNVESTAL, NY 13850---0 REMINGTON RESERVE A CONDOMINIUM UNIT 10169229000026 UWHITE OAKS REAL ESTATE INVESTMENTS OF SW FL LLC 1285 CREEKSIDE BLVD ENAPLES, FL 34109---0 CREEKSIDE COMMERCE PARK EAST, PART OF TR 5 DESC AS FOLL; COM AT NE CNR 27-48-25 ALG E LI S01 09 43E 696.85FT, THENCE 29331180612 UREFERENCE ONLY CITIZENS NATIONAL BANK CENTER A CONDOMINIUMRIVERCHASE COMMONS LOT 10 AND 11 NKA CITIZENS NATIONAL BANK CENTER CONDO AS DESC IN OR 3134 PG 1379 69586500447 NREFERENCE ONLY COLLIER HEALTH PARK CONDOMINIUM A COMMERCIAL LAND CONDOMINIUMCOLLIER HEALTH PARK, THAT PORTION OF TRACT B AS DESC IN OR 5244 PG 1526 NKA COLLIER HEALTH PARK CONDO- 27167500206 NREFERENCE ONLY CREEKSIDE CORNERS CONDOMINIUM A COMMERCIAL LAND CONDOMINIUMCREEKSIDE COMMERCE PARK EAST, THAT PART OF TRACT 5 NKA CREEKSIDE CORNERS CONDO, A COMMERCIAL LAND29331180625 NREFERENCE ONLY CREEKSIDE EAST LAND CONDOMINIUMCREEKSIDE COMMERCE PARK EAST THAT PORTION OF TRACT 3 NKA CREEKSIDE EAST LAND CONDO AS DESC IN OR 5057 PG 2811 29331180104 NREFERENCE ONLY CREEKSIDE FLEX I A COMMERCIAL LAND CONDOMINIUMCREEKSIDE COMMERCE PARK WEST UNIT TWO LOT 10 AND A PORTION OF LOT 9 NKS CREEKSIDE FLEX I COMMERCIAL LAND CONDO AS DESC29331193162 NREFERENCE ONLY GULFCOAST MEDICAL ARTS CENTER A CONDOMINIUMSOUTHWEST PROFESSIONAL HEALTH PARK TRACT B4 NKA GULFCOAST MEDICAL ARTS CENTER CONDO AS DESC IN OR 2644 PG 551 & OR 74445101309 NREFERENCE ONLY NOW SEE PELICAN MARSH GOLF COURSE PH TWO TR GC1 PAR 1 FOLIO# 66679351250BENTGRASS BEND AT THE ESTATES AT BAY COLONY GOLF CLUB TRACT B23932000045 NREFERENCE ONLY NOW SEE PELICAN MARSH GOLF COURSE PH TWO TR GC1 PAR 1 FOLIO# 66679351250PELICAN MARSH GOLF COURSE PHASE THREE TRACT 3, LESS THAT PORTION DESC IN OR 2139 PG 646 66679360759 NREFERENCE ONLY NOW SEE PELICAN MARSH GOLF COURSE PH TWO TRACT GC-1 PCL 1 FOLIO 66679351250PELICAN MARSH GOLF COURSE PHASE THREE TRACT GC1 B66679361363 NREFERENCE ONLY NOW SEE PELICAN MARSH GOLF COURSE PH TWO TRACT GC-1 PCL-1 FOLIO# 66679351250PELICAN MARSH GOLF COURSE PHASE THREE THAT PORTION OF TR GC1 AS DESC IN OR 2147 PG 712 (PORTION OF BAY COLONY GOLF 66679361321 NREFERENCE ONLY REMINGTON RESERVE A CONDOMINIUMCOLLIER'S RESERVE THAT PORTION OF TR "I" NKA REMINGTON RESERVE CONDO (PH 1) AS DESC IN OR 4093 PG 1474 AS 27185002605 NREFERENCE ONLY ROYAL PALM BUILDING A CONDOMINIUMNORTH NAPLES MEDICAL PARK LOT 8 & 9 N/K/A ROYAL PALM BUILDING CONDO AS DESC IN OR 2396 PG 2708 64280000549 NREFERENCE ONLY RUBELL MEDICAL CENTER CONDO A COMMERCIAL LAND CONDOMINIUMSOUTHWEST PROFESSIONAL HEALTH PARK TRACT B2, NKA RUBELL MEDICAL CENTER CONDOMINIUM A COMMERCIAL LAND CONDOMINIUM74445101008 NBERECZKI, CSABA F 16 SONNY STMAPLE L6A 1C1 CANADA REMINGTON RESERVE A CONDOMINIUM UNIT 90269229000686 FSIEKIERSKI, WILLIAM 104 - 11 DURHAM PRIVATEOTTAWA K1M 2H6 CANADA REMINGTON RESERVE A CONDOMINIUM UNIT 110269229000848 FPELICAN MARSH CDD 5672 STRAND COURT, SUITE 1NAPLES, FL 34110PELICAN MARSH FOUNDATION 1504 PELICAN MARSH BOULEVARDNAPLES, FL 34109-0315POList_500.xls3.A.fPacket Pg. 283Attachment: Attachment E Hex Backup revised (20971 : PL20210002390 Creekside Commerce Park PDI)
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PL20210002390 Creekside Commerce Park
November 9, 2021 Neighborhood Information Meeting Transcript
Page 1 of 3
Wayne Arnold: Good evening, I’m Wayne Arnold with Grady Minor and
Associates, and here representing Arthrex and Sharon Umpenhour
is with our firm, she’ll be recording the meeting, we’re required to
do that per Collier County regulations. Trent Lewis is here
representing Arthrex, he’s the facilities director. And Gabriela
Castro is here from Collier County government. Buzz, thank you
for joining us. We’re here to talk about an insubstantial change to
the Creekside PUD. Insubstantial changes are a form of an
amendment that’s allowed that goes through the Hearing Examiner
review process rather than to the Board of County Commissioners.
There’s some criteria for what is an insubstantial change and, in
this case, we’re adding some very minor texts about the PUD
document and the zoning master plan for it. We’re here to talk
about something… If you don’t mind me turning my back on it so
I can see the exhibit, Tract Seven is one of Arthrex’s holdings that
they’ve acquired, it has the existing office building that they
formally occupied there, they still occupy space, but their
headquarters has now moved into the building we’re in. The other
building was a college, and they’ve acquired that, and they’re
going to renovate that and use it for additional Arthrex employee
space. They also would like to build another building on the tract
and in order to make the building look like it fits in with the other
Arthrex buildings, we’re asking for it to be able to go through an
alternative architectural design process that was allowed for Tracts
five and six, which allows the hotel where it's existing and the
building we’re in tonight, which is Tract five. So, on the master
plan, you can see the PUD document, excuse me, we’re going to
say Tracts five, six, and seven, that are identified on the master
plan, would qualify for this alternative architectural review.
On the master plan, you can see that Tract seven is that one, and
so, as you come in off of Goodlette-Frank Road, you’re on
Creekside Blvd., it will terminate…right now, it essentially
terminates at the Tract seven that we’re talking about. And so, on
that tract, we’re not asking to change any uses, we’re not asking to
change any development standards, we’re just asking for it to be
allowed to be reviewed under the alternate architectural design
standards. This is a rendering and concept, and it’s probably
changed since we received this a couple of weeks ago from the
client, but they’re looking to do a very modern looking office
space, it’ll be a training center as well as some additional office
space. They do a lot of video production and things of that nature,
so, those would be uses that would be utilized in the building. The
reason that I think this image in the center, lower, represents why
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November 9, 2021 Neighborhood Information Meeting Transcript
Page 2 of 3
the architectural alternative process is necessary, the county would
require that building, for instance, to have some relief on the front
of it, and what Arthrex would do would be to utilize landscaping,
some other design elements, to break up the space. But again, it’s
going to be done under the existing development standards for the
PUD.
So, in a nutshell, that’s what we’re proposing to do, it’s something
that’s been done for the other two buildings that Arthrex owns, and
we think it makes sense for them to be able to use the process that
the County’s established for architectural review. So, with that, I’m
happy to take any questions. Okay, none from our one audience
member, anybody online have a question or comment?
Tyler Korn: Hi, yes, thank you. I’m sorry, maybe I missed it, but what is the
total height of the building going to be?
Wayne: Right now, the PUD allows buildings in that tract to be 50 ft. high.
Tyler: Fifty feet?
Wayne: And that’s remaining unchanged.
Tyler: And that’s for a two-story building?
Wayne: It doesn’t establish a maximum number of stories; it only
establishes the vertical height.
Tyler: I’m sorry, but is what is being proposed a two-story building?
Wayne: This rendering represents a two-story building, but again, it would
allow a building up to 50 ft. in height, whether it would be two
stories, potentially three stories.
Tyler: I see. So, we don’t know what the actual proposal is, right?
Wayne: This is not an actual proposal tonight; this is merely setting up the
concept for them to be able to go through the architectural process
that’s already in the Land Development Code.
Tyler: I see.
Wayne: Could I just ask your name for the record, just so we can record
that please?
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November 9, 2021 Neighborhood Information Meeting Transcript
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Tyler: Sure, Tyler Korn, on behalf of the Estates at Bay Colony.
Wayne: Okay, thank you.
Wayne: Any other comments or questions?
Tyler: So, I’m sorry, just for clarity, what is the minor deviation that’s
being sought from the PUD?
Wayne: The deviation is to allow Tract seven, which I highlighted on the
master plan, to go through an alternative architectural review
process. The building that we’re in physically, the new office
building that’s the headquarters for Arthrex, as well as their hotel,
also utilize that same alternate process. It allows them to do a few
things different architecturally, and tailor the building to look like
it’s part of their campus.
Tyler: I see. I see, okay. Well, thanks.
Wayne: Sure. So, if there are any other questions, please feel free to ask.
Just for some housekeeping, this will go to the hearing examiner,
we don’t have a hearing date established, but there will be other
notice that goes out. If you receive notice for this meeting, you will
receive notice from the county regarding the date of the hearing
examiner, and as always, as the county continues to review, they
may make, or suggest, minor revisions to how we’ve made the
applications, so, there could be some other refinement. So, I would
encourage you to contact Sharon Umpenhour, from our office, if
you would like to continue to get updates or if you need access to
the materials that are under review from the county.
We’ll be happy to provide links to you. And if you can see our
screen, that contact information is there. So, I don’t know if you
want to take a photo of that, or how you would like to do that, or
write any of the information down. Any other questions,
comments? If not, we’re going to adjourn. I appreciate the
questions and I appreciate you all following the item. Goodnight.
Tyler: Thanks so much.
[End of Audio]
Duration: 8 minutes
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PETITION: PL20210002390, Creekside Commerce Park PUD 29331193162 (PDI)
November 9, 2021 Neighborhood Information Meeting (NIM)
Project information and a copy of this presentation can be found on our website: gradyminor.com/planning
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PROJECT TEAM:
•RES Florida 1370 Holdings LLC –Applicant
•Trent Lewis, MBA, LEED AP, Director of Facilities & Corporate infrastructure –Arthrex, Inc.
•D. Wayne Arnold, AICP, Professional Planner –Q. Grady Minor & Associates, P.A.
•James A. Carr, P.E., Professional Engineer –Agnoli, Barber & Brundage, Inc.
•Mark Shannon, Sr. Project Manager –Studio+
*Please note, all information provided is subject to change until final approval by the governing
authority.
INTRODUCTION
2
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LOCATION MAP
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TRACT 7
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Current Zoning:Creekside Commerce Park PUD
Approved Ordinance:2018-19 (April 24,2018)
Proposed Request:
•Modify Section 3.5,Development Deviations,Item 2.to include Tract 7
•Modify the Master Plan to add deviation notation to Tract 7.
PROJECT INFORMATION
4
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PROPOSED DEVIATION
5
SECTION III
INDUSTRIAL/COMMERCE DISTRICT
3.5 Development Deviations
2.Deviation from LDC Section 5.05.08,Deviations and alternate compliance,
which authorizes the County Manager or designee to administratively approve
deviations from compliance with Section 5.05.08 of the LDC for specific types of
buildings,to allow general office and medical office,hotel and physical fitness
facilities that can be constructed on Tract 5,and 6,and 7 of the Master Plan to
be eligible for this deviation process.
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APPROVED MASTER PLAN
6
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PROPOSED MASTER PLAN
7
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CONCEPTUAL BUILDING RENDERINGS
8
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CONCLUSION
Documents and information can be found online:
•Gradyminor.com/Planning
•Collier County GMD Public Portal: cvportal.colliercountyfl.gov/CityViewWeb
Next Steps
•Hearing sign(s) posted on property advertising Hearing Examiner (HEX) meeting dates.
•HEX-TBD
Contact:
•Q. Grady Minor & Associates, P.A.: Sharon Umpenhour, Senior Planning Technician;
sumpenhour@gradyminor.com or 239.947.1144 extension 1249
•Collier County Staff:
Gabriela Castro, AICP, Principal Planner; Gabriela.Castro@colliercountyfl.gov or (239) 252-4211
9
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02/24/2022
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.B
Item Summary: Petition No. BDE-PL20200002208 - Request for a 36.9-foot boat dock extension
over the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to all ow
construction of a boat docking facility protruding a total of 56.9 feet into a waterway that is 271.6± feet
wide to allow a new boat dock facility with two boat slips, each with a boat lift, one for a 39 -foot vessel
and the other for a 20-foot vessel and paddle craft for the benefit of property described as Lot 20,
Southport on the Bay, Unit One, located at 226 Malibu Cove, in Section 6, Township 48 South, Range 25
East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2
Meeting Date: 02/24/2022
Prepared by:
Title: Planner – Zoning
Name: John Kelly
02/01/2022 3:35 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
02/01/2022 3:35 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 02/01/2022 4:14 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 02/07/2022 1:56 PM
Zoning Ray Bellows Review Item Completed 02/08/2022 11:24 AM
Zoning Mike Bosi Zoning Director Review Completed 02/10/2022 9:52 AM
Hearing Examiner Andrew Dickman Meeting Pending 02/24/2022 9:00 AM
3.B
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STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: FEBRUARY 24, 2022
SUBJECT: BDE-PL20200002208, 219 MALIBU COVE DOCK,
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Dan Davis Bill Nelson
2445 Brown Rd. Greg Orick II Marine Construction, Inc
Orion, MI 48359 2815 Bayview Dr.
Naples, FL 34112
REQUESTED ACTION:
The petitioner requests a 36.9-foot boat dock extension over the maximum permitted protrusion of
20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways
greater than 100 feet in width, to allow a new boat dock facility with two boat slips, each with a
boat lift, that will protrude a total of 56.9 feet into a waterway that is 271.6± feet wide for the
benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 226 Malibu Cove and is formally identified as Lot 20, Southport
on the Bay Unit One, in Section 6, Township 48 South, Range 25 East. Collier County, Florida.
(See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within Tract H, a residential component, of the Lely Barefoot Beach
Planned Unit Development (PUD) and comprises 0.26± acres. The petitioner desires to construct
a new boat dock facility with two boat slips, each with a boat lift, one for a 39-foot vessel and the
other for a 20-foot vessel and paddle craft. The proposed dock facility will protrude 56.9 feet from
the Mean High Water Line (MHWL) which also serves as the platted property line. The subject
dock facility will cross a 20-foot conservation easement for which the Conservancy of Southwest
Florida has provided a letter of no objection (see Attachment C).
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SURROUNDING LAND USE & ZONING:
North: Malibu Cove cul-de-sac (Right of Way)
South: A single-family residence located within the Lely Barefoot Beach PUD
East: A 30-foot access easement / driveway then a single-family residence located
within the Lely Barefoot Beach PUD
West: Little Hickory Bay located within the Lely Barefoot Beach PUD
Collier County GIS
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The shoreline for this property contains mangroves. The proposed dock will be
constructed waterward through the mangrove fringe. The access walkway will be 4 feet wide and
constructed within the footprint of the existing dock. Any additional impacts to mangroves will
require written approval from Florida Department of Environmental Protection (DEP). A
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January 28, 2022
submerged resources survey provided by the applicant found no submerged resources in the area
200 feet beyond the proposed docking facility. On page 5 of 8 of the Environmental Data (Figure
3), an aerial with a note stating that no seagrasses were observed within 200 feet is provided. The
property contains a conservation easement just landward of mean high-water line (OR Book 1756
PG 1358).
This project does not require an Environmental Advisory Council Board (EAC) review, because
this project did not meet the EAC scope of land development project reviews as identified in
Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and
Ordinances.
STAFF ANALYSIS:
In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a dock facility extension request based on certain criteria. In
order for the Hearing Examiner to approve this request, at least four of the five primary criteria
and four of the six secondary criteria must be met:
Primary Criteria:
1. Whether the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use and zoning of the subject
property. Consideration should be made of property on unbridged barrier islands,
where vessels are the primary means of transportation to and from the property.
(The number should be appropriate; typical single-family use should be no more than
two slips; typical multi-family use should be one slip per dwelling unit; in the case of
unbridged barrier island docks, additional slips may be appropriate.)
Criterion met. The subject property is improved with a single-family residence, allowing
for up to two boat slips, and is on an irregularly shaped lot with 249± feet of water frontage
within a residential component of a PUD. The petitioner desires to construct a dock facility
with two boat slips, each with a boat lift, one for a 39-foot vessel and the other for a 20-
foot vessel and paddle craft.
2. Whether the water depth at the proposed site is so shallow that a vessel of the general
length, type and draft as that described in the petitioner’s application is unable to
launch or moor at mean low tide (MLT). (The petitioner’s application and survey
should establish that the water depth is too shallow to allow launching and mooring
of the vessel(s) described without an extension.)
Criterion met. The applicant states that this BDE request is based on the existing shallow
natural mangrove shoreline. The mangrove shoreline is also a Conservation Easement that
any proposed docking facility is required to extend out beyond to ensure the shoreline
remains in its natural state. As depicted within a provided cross section (see Attachment
C), there is insufficient water depth within 20-feet of the MHWL to moor a vessel of the
length, type, and draft, as that which is proposed. Staff finds the applicant’s argument to
be compelling and concurs.
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3. Whether the proposed dock facility may have an adverse impact on navigation within
an adjacent marked or charted navigable channel. (The facility should not intrude
into any marked or charted navigable channel thus impeding vessel traffic in the
channel.)
Criterion met. The proposed dock facility does not intrude into any marked or charted
navigable channel and is near the terminus end of the bay with little navigation other than
for neighboring properties.
4. Whether the proposed dock facility protrudes no more than 25 percent of the width
of the waterway, and whether a minimum of 50 percent of the waterway width
between dock facilities on either side is maintained for navigability. (The facility
should maintain the required percentages.)
Criterion met. The applicable waterway is 271.6± feet wide as measured from MHWL to
MHWL, the requested protrusion is 56.9 feet; therefore, the proposed dock facility will
occupy 20.95 percent of the width of said waterway. Given that the subject dock facility is
located within a basin it is difficult to say just how much room for navigability exists;
however, given that natural portions of the bay are far more restrictive, staff is comfortable
stating that the intent of this challenge is satisfied. Refer to Width of Waterway exhibit
within Attachment C.
5. Whether the proposed location and design of the dock facility is such that the facility
would not interfere with the use of neighboring docks. (The facility should not
interfere with the use of legally permitted neighboring docks.)
Criterion met. As depicted upon the Proposed Dock Plan, See Attachment A, the proposed
dock facility satisfies setback requirements and is 53.8 feet from the nearest neighboring
dock facility.
Secondary Criteria:
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include type of shoreline reinforcement, shoreline configuration,
mangrove growth, or seagrass beds.)
Criterion met. The subject property has a natural mangrove shoreline that cannot be
impacted or removed due to it being recorded as a Conservation Easement which requires
the dock to be on the waterward side of the mangrove fringe; the dock has been designed
with a 4-foot-wide walkway to transverse the conservation easement.
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel
for loading/unloading and routine maintenance, without the use of excessive deck
3.B.a
Packet Pg. 305 Attachment: Staff Report 01282022 (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
BDE-PL20200002208; 226 Malibu Cv. - Davis Page 6 of 7
January 28, 2022
area not directly related to these functions. (The facility should not use excessive deck
area.
Criterion met. The proposed boat dock facility has been designed to moor two marine
vessels and a paddle craft; said design does not include any deck area that is not necessary
for reasonable, safe, access to the vessels for loading/unloading and routine maintenance
of said vessels.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject property’s
linear waterfront footage. (The applicable maximum percentage should be
maintained.)
Criterion met. The subject property has 249± feet of water frontage and the two vessels
combined total 59 feet; therefore they will account for 23.69 percent of the waterfront
value. Paddle craft are non-motorized and should not be included as part of this calculation.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the
view of a neighboring property owner.)
Criterion met. The proposed dock has been designed within the designated riparian lines
and is consistent with the existing docks along the subject shoreline. Additionally, the
natural mangrove shoreline serves as a visual buffer of the waterway.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagra ss
beds are present, compliance with subsection 5.03.06.J of the LDC must be
demonstrated.)
Criterion met. The submerged resources survey provided indicates that no seagrass beds
exist within 200-feet of the proposed dock. No seagrass beds will be impacted by the
proposed dock facility.
6. Whether the proposed dock facility is subject to the manatee protection requirements
of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section
5.03.06(E)(11) must be demonstrated.
Criterion not applicable. The provisions of the Collier County Manatee Protection Plan do
not apply to single-family dock facilities except for those within the seawalled basin of
Port of the Islands; the subject property is not located within Port of the Islands.
Staff analysis finds this request complies with five of the five of the primary criteria and five of
the six secondary criteria with the sixth criterion being not applicable.
CONCURRENT LAND USE APPLICATIONS:
None.
3.B.a
Packet Pg. 306 Attachment: Staff Report 01282022 (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
BDE-PL20200002208; 226 Malibu Cv. - Davis Page 7 of 7
January 28, 2022
APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS:
As to any boat dock extension petition upon which the Hearing Examiner takes action, an
aggrieved petitioner may appeal such final action to the Board of County Commissioners. Such
appeal shall be filed with the Growth Management Department Administrator within 30 days of
the Decision by the Hearing Examiner. In the event that the petition has been approved by the
Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her
own risk during this 30-day period. Any construction work completed ahead of the approval
authorization shall be at their own risk.
STAFF RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition
BDE-PL20200002208, to allow for the construction of the proposed dock facility as depicted
within Attachment A, Sheets 3 to 5.
Attachments:
A) Boundary Survey, Bathometric, and Proposed Boat Dock Plans
B) Public Hearing Sign Posting
C) Applicant’s Backup, application and supporting documents
D) Hybrid Meeting Waiver
3.B.a
Packet Pg. 307 Attachment: Staff Report 01282022 (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
3.B.b
Packet Pg. 308 Attachment: Attachment A - Boundary Survey, Bathometric, and Proposed Boat Dock Plans (21222 : PL20200002208 BDE 226 Malibu CoveWayne D. Agnoli, R. S. M.
Digitally signed by Wayne D. Agnoli, R. S. M.
DN: E=agnoliw@abbinc.com, CN="Wayne D.
Agnoli, R. S. M.", O="Agnoli, Barber &
Brundage, Inc.", L=Naples, S=Florida, C=US
Date: 2021.05.04 10:38:18-04'00'
3.B.b
Packet Pg. 309 Attachment: Attachment A - Boundary Survey, Bathometric, and Proposed Boat Dock Plans (21222 : PL20200002208 BDE 226 Malibu Cove
3.B.b
Packet Pg. 310 Attachment: Attachment A - Boundary Survey, Bathometric, and Proposed Boat Dock Plans (21222 : PL20200002208 BDE 226 Malibu Cove
3.B.b
Packet Pg. 311 Attachment: Attachment A - Boundary Survey, Bathometric, and Proposed Boat Dock Plans (21222 : PL20200002208 BDE 226 Malibu Cove
3.B.b
Packet Pg. 312 Attachment: Attachment A - Boundary Survey, Bathometric, and Proposed Boat Dock Plans (21222 : PL20200002208 BDE 226 Malibu Cove
3.B.cPacket Pg. 313Attachment: Attachment B - Sign Posting - PL20200002208 (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
3.B.cPacket Pg. 314Attachment: Attachment B - Sign Posting - PL20200002208 (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 1 of 6
DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION
LDC Section 5.03.06
Ch. 3 B. of the Administrative Code
THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
APPLICANT 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(s): ______________________________________________________________
Firm: _________________________________________________________________________
Address: _______________________________City: ___________ State: ________ ZIP: ______
Telephone: ___________________ Cell: ______________________ Fax: __________________
E-Mail Address: ________________________________________________________________
PROPERTY LOCATION
Section/Township/Range: / / Property I.D. Number: __________________
Subdivision: _____________________________________Unit: Lot: Block:
Address/ General Location of Subject Property:
_____________________________________________________________________________
Current Zoning and Land use of Subject Property:
_____________________________________________________________________________
To be completed by staff
3.B.d
Packet Pg. 315 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)DAN DAVIS
2445 BROWN RD ORION MI 48359
BILL NELSON/ Robert Tice
GREG ORICK II MARINE CONSTRUCTION INC
2815 BAYVIEW DR NAPLES FL 34112
239-949-5588
INFO@ORICKMARINE.COM
6 48 25 74435002308
636400 - SOUTHPORT ON THE BAY UNIT 1 1 20
226 MALIBU COVE, BONITA SPRINGS, FL, 34134
PUD-Miscellaneous Residential
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 2 of 6
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
DESCRIPTION OF PROJECT
Narrative description of project (indicate extent of work, new dock, replacement, addition to existing
facility, any other pertinent information):
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
SITE INFORMATION
1. Waterway Width:
_______ ft. Measurement from plat survey visual estimate
other (specify)
2. Total Property Water Frontage:
_______ ft.
3. Setbacks:
Provided: _______ ft.
Required: _______ ft.
4. Total Protrusion of Proposed Facility into Water:
_______ ft.
5. Number and Length of Vessels to use Facility:
1. _______ ft.
2. _______ ft.
6. List any additional dock facilities in close proximity to the subject property and indicate
the total protrusion into the waterway of each:
__________________________________________________________________________________
__________________________________________________________________________________
7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in
size, the applicant shall be responsible for erecting the required sign. What is the size of
the petitioned property? _______ Acres
3.B.d
Packet Pg. 316 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)PUD/LELY BAREFOOT BEACH SINGLE FAMILY RESIDENTIAL
PUD/LELY BAREFOOT BEACH SINGLE FAMILY RESIDENTIAL
PUD/LELY BAREFOOT BEACH SINGLE FAMILY RESIDENTIAL
WATERWRAY/PUD/LELY BAREFOOT BEACH LITTLE HICKORY BAY/SINGLE FAMILY RESIDENTIAL
NEW BOAT DOCK AND LIFTS TO BE INSTALLED WITH A 56.9' WATER PROTRUSION FROM THE MEAN HIGH WATER LINE. THE
TOTAL PROTRUSION IS 20.95% OF A 271.6' CANAL WIDTH. DOCK AND LIFTS TO ACCOMODATE A 39.0' LONG BOAT AND A 20.0'
LONG BOAT. THE LIFT FOR THE 20.0' LONG BOAT WILL ALSO HAVE A FLOW THROUGH PLATFORM TO LAUNCH PADDLE CRAFT.
271.6
249.4
30.3,102.1
15
56.9
39.0
20.0
224 MALIBU CV-50'; 222 MALIBU CV-31'; 219 MALIBU CV-39'; 64 SOUTHPORT CV-40'; 66 SOUTHPORT CV-66';
68 SOUTHPORT CV-44'; 70 SOUTHPORT CV- 36'; 185 BAYFRONT DR-26'; 218 MALIBU CV-58'; 212 MALIBU CV-48'
0.26
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 3 of 6
8. Official Interpretations or Zoning Verifications:
To your knowledge, has there been an official interpretation or zoning verification rendered on
this property within the last year? Yes No If yes, please provide copies.
PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in
determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner
will utilize the following criteria as a guide in the decision to approve or deny a particular Dock
Extension request. In order for the Hearing Examiner to approve the request, it must be
determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria,
must be met. On separate sheets, please provide a narrative response to the listed criteria
and/or questions.
1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to
the waterfront length, location, upland land use, and zoning of the subject property; consideration
should be made of property on unbridged barrier islands, where vessels are the primary means of
transportation to and from the property. (The number should be appropriate; typical, single-family
use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in
the case of unbridged barrier island docks, additional slips may be appropriate.)
2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length,
type, and draft as that described in the petitioner’s application is unable to launch or moor at mean
low tide (MLT). (The petitioner’s application and survey should show that the water depth is too
shallow to allow launch and mooring of the vessel (s) described without an extension.)
3. Whether or not the proposed dock facility may have an adverse impact on navigation within an
adjacent marked or charted navigable channel. (The facility should not intrude into any marked or
charted navigable channel thus impeding vessel traffic in the channel.)
4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the
waterway, and whether or not a minimum of 50 percent of the waterway width between dock
facilities on either side of the waterway is maintained for navigability. (The facility should maintain
the required percentages.)
5. Whether or not the proposed location and design of the dock facility is such that the facility would
not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally
permitted neighboring docks.)
3.B.d
Packet Pg. 317 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 4 of 6
SECONDARY CRITERIA
1. Whether or not there are special conditions, not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed dock
facility. (There must be at least one special condition related to the property; these may include type
of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.)
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not directly
related to these functions. (The facility should not use excessive deck area.)
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination,
described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage.
(The applicable maximum percentage should be maintained.)
4. Whether or not the proposed facility would have a major impact on the waterfront view of
neighboring waterfront property owners. (The facility should not have a major impact on the view of
either property owner.)
5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass
beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.)
6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC
subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be
demonstrated.)
3.B.d
Packet Pg. 318 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 5 of 6
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Dock Extension
Boathouse
Chapter 3 B. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 1
Property Ownership Disclosure Form 1
Signed and Sealed Survey 1
Chart of Site Waterway 1
Site Plan Illustration with the following:
• Lot dimensions;
• Required setbacks for the dock facility;
• Cross section showing relation to MHW/MLW and shoreline
(bank, seawall, or rip-rap revetment);
• Configuration, location, and dimensions of existing and proposed
facility;
• Water depth where proposed dock facility is to be located;
• Distance of navigable channel;
• Illustration of the contour of the property; and
• Illustration of dock facility from both an aerial and side view.
1
Affidavit of Authorization, signed and notarized 1
Completed Addressing Checklist 1
Electronic copy of all required documents
*Please be advised: The Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
1
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
• Following the completion of the review process by County review staff, the applicant shall submit
all materials electronically to the designated project manager.
• Please contact the project manager to confirm the number of additional copies required.
3.B.d
Packet Pg. 319 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)4
4
4
4
3.B.d
Packet Pg. 320 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
3.B.d
Packet Pg. 321 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
3.B.d
Packet Pg. 322 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
3.B.d
Packet Pg. 323 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
3.B.d
Packet Pg. 324 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
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 #
6-48-25
3.B.d
Packet Pg. 325 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)n
SOUTHPORT ON THE BAY UNIT ONE LOT 20 OR 1611 PG 158
74435002308
226 MALIBU CV
226 Malibu Cv - BDE
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)
74435002308
10/30/2020
3.B.d
Packet Pg. 326 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)n
Bill Nelson/Robert Tice
239-949-5588 PERMITS@ORICKMARINE.COM
Name: Dan Davis
Address: 226 Malibu Cove
Bonita Springs, FL 34134
Date: 5/6/2021
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.B.d
Packet Pg. 327 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
Name: Dan Davis
Address: 226 Malibu Cove
Bonita Springs, FL 34134
Date: 11/3/2021
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.B.d
Packet Pg. 328 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
Primary Criteria
1.Whether or not the number of dock facilities and/or boat slips
proposed is appropriate in relation to the waterfront length, location,
upland land use, and zoning of the subject property; consideration
should be made of property on unbridged barrier islands, where
vessels are the primary means of transportation to and from the
property. (The number should be appropriate; typical, single-family
use should be no more than two slips; typical multi-family use should
be one slip per dwelling unit; in the case of unbridged barrier island
docks, additional slips may be appropriate.)
Response: Criteria Met: The upland property is a single-family residential
zoned lot that per the LDC is allowed two boat slips. Proposed dock
consists of 2 slips with a lift in each, which is appropriate for a single-
family dwelling. We are requesting a 36.9-foot extension from the
allowed 20-foot protrusion, for a total 56.9-foot protrusion.
2.Whether or not the water depth at the proposed site is so shallow that
a vessel of the general length, type, and draft as that described in the
petitioner’s application is unable to launch or moor at mean low tide
(MLT). (The petitioner’s application and survey should show that the
water depth is too shallow to allow launch and mooring of the vessel
(s) described without an extension.)
Response: Criteria Met: Due to the natural shoreline it is too shallow to
moor a vessel within the allowed 20-foot protrusion from the MHWL,
mangrove roots are also present in the same area, making it impossible to
moor a vessel of the general length, type, and draft for the area.
3.B.d
Packet Pg. 329 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
3.Whether or not the proposed dock facility may have an adverse impact
on navigation within an adjacent marked or charted navigable channel.
(The facility should not intrude into any marked or charted navigable
channel thus impeding vessel traffic in the channel.)
Response: Criteria Met: The proposed dock facility does not intrude into
any marked or charted navigable channel, thus no adverse impact on
navigation is expected. The Canal Width is 271.6’ and the proposed dock
will only have a 20.9% protrusion into the water-way maintaining more
than 50% of navigable water-way width.
4.Whether or not the proposed dock facility protrudes no more than 25
percent of the width of the waterway, and whether or not a minimum
of 50 percent of the waterway width between dock facilities on either
side of the waterway is maintained for navigability. (The facility should
maintain the required percentages.)
Response: Criteria Met: The water way width is 271.6’ and the proposed
dock facility protrudes a total of 56.9’ from MHWL, which is 20.95% of the
water-way width. Thus, the dock facility does not protrude more than 25%
of water-way width and maintains more than 50% of navigable water-way
width.
5.Whether or not the proposed location and design of the dock facility is
such that the facility would not interfere with the use of neighboring
docks. (The facility should not interfere with the use of legally
permitted neighboring docks.)
Response: Criteria Met: The proposed dock location and design will not
impact or interfere with the use of any neighboring docks. The nearest
existing neighboring dock is approximately 53.8’ from proposed dock.
3.B.d
Packet Pg. 330 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
Secondary Criteria
1. Whether or not there are special conditions, not involving water
depth, related to the subject property or waterway, which justify the
proposed dimensions and location of the proposed dock facility.
(There must be at least one special condition related to the property;
these may include type of shoreline reinforcement, shoreline
configuration, mangrove growth, or seagrass beds.)
Response: Criteria Met - The proposed dock facility has no existing seawall,
mature mangrove growth along the shoreline limits how close a vessel can
approach shore and justifies proposed extension beyond the mangroves. A 4’
wide walkway will alter the mangroves to access the proposed dock, as
allowable per the conservation easement attached.
2. Whether the proposed dock facility would allow reasonable, safe,
access to the vessel for loading/unloading and routine maintenance,
without the use of excessive deck area not directly related to these
functions. (The facility should not use excessive deck area.)
Response: Criteria Met - The design of the proposed boat dock is for mooring
of two recreational vessels and paddle craft to be maintained safely without
incidence. No excessive deck area is being proposed, as shown in the site
plan.
3. For single-family dock facilities, whether or not the length of the
vessel, or vessels in combination, described by the petitioner exceeds
50 percent of the subject property’s linear waterfront footage. (The
applicable maximum percentage should be maintained.)
Response: Criteria Met - The property has a water frontage of 249.4 feet, the
proposed vessels in combination total 56.0 feet, which is only 22.45 percent.
Thus, will not exceed 50% of the property linear waterfront footage.
3.B.d
Packet Pg. 331 Attachment: Attachment C - BACKUP FINAL (21222 : PL20200002208 BDE 226 Malibu Cove Davis)
4. Whether or not the proposed facility would have a major impact on
the waterfront view of neighboring waterfront property owners. (The
facility should not have a major impact on the view of either property
owner.)
Response: Criteria Met - The proposed dock facility will not impact the
waterfront view of neighboring waterfront property owners and is consistent
with existing facilities along shoreline as shown in the aerial drawing. The
proposed dock meets the setback requirements and will not impact the view of
the neighboring waterfront property owners.
5. Whether or not seagrass beds are located within 200 feet of the
proposed dock facility. (If seagrass beds are present, compliance with
LDC subsection 5.03.06 I must be demonstrated.)
Response: Criteria Met- No seagrass beds are located within the immediate
area or 200’ of the proposed dock facility. (Please refer to the Submerged
Resource Survey provided by Earth Tech Environmental.)
6. Whether or not the proposed dock facility is subject to the manatee
protection requirements of LDC subsection 5.03.06 E.11. (If applicable,
compliance with subsection 5.03.06.E.11 must be demonstrated.)
Response: Criteria Met -This is a single-family dock with two vessel moorings
areas with lifts and is not subject to the requirements of the Manatee
Protection Plan as stated in the above referenced code of 5.03.06 E.11.
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226 Malibu Cove
Bonita Springs, FL 34134
SUBMERGED RESOURCE SURVEY
COLLIER COUNTY, FLORIDA
Prepared For:
Prepared By:
June 30, 2020
Revised: July 27, 2021
Greg Orick Marine Construction
1035 Collier Center Way, Suite 1
Naples, FL 34110
Earth Tech Environmental, LLC
10600 Jolea Avenue
Bonita Springs, FL 34135
239.304.0030
www.eteflorida.com
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Submerged Resource Survey
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TABLE OF CONTENTS
INTRODUCTION ...................................................................................................................................... 3
LOCATION ............................................................................................................................................... 3
SURVEY MATERIALS & METHODS........................................................................................................... 4
RESULTS/DISCUSSION ............................................................................................................................. 5
PHOTOGRAPHIC DOCUMENTATION ...................................................................................................... 7
REFERENCES ........................................................................................................................................... 8
EXHIBITS
Figure 1 Site Location Map
Figure 2 Site Vicinity Map
Figure 3 Survey Area
Figure 4 Seagrass Observed
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INTRODUCTION
The purpose of this report is to summarize Earth Tech Environmental’s (ETE) evaluation of the proposed
dock construction area located at 226 Malibu Cove (Subject Property) in Bonita Springs, Florida, for the
presence of important submerged resources such as seagrass and/or hard bottom.
ETE conducted fieldwork for this Submerged Resource Survey (SRS) on June 30, 2020 for Greg Orick
Marine Construction (Client). The Client is proposing to construct a new dock structure.
LOCATION
The Subject Property is located south of Bonita Beach Rd and west of US 41 in Section 6, Township 48
South, Range 25 East, in Bonita Springs, Collier County, Florida. The Subject Property is currently under
development, with surveyors from Greg Orick Marine present at the time of the SRS survey taking location
points of the existing dock structure. See Figures 1 & 2 below for the property location.
Figure 1. Site Location Map
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Figure 2. Site Vicinity Map
SURVEY MATERIALS & METHODS
Based on the proposed dock location, an SRS was performed to search for the presence of important
submerged resources such as seagrass and/or oyster beds. The SRS included the proposed construction
location as well as a 200-foot buffer radius (survey area) as per the Collier County Land Development Code
(LDC) subsection 5.03.06. The SRS was conducted based on methodology outlined in three (3)
publications:
1) “Submerged Aquatic Vegetation Survey Guidelines”. US Army Corps of Engineers (ACOE).
Undated.
http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/permitting/processing_
steps/process_seagrass_survey.pdf
2) Florida Fish and Wildlife Conservation Commission (FWC) Recommended Survey Protocols for
Estuarine and Marine Submerged Aquatic Vegetation (SAV) related to Permitting Applications.
12/14/2011. DRAFT. http://myfwc.com/media/1626941/SeagrassSurveyProtocol.pdf
3) Collier County, Florida – Land Development Code/Chapter 5 Supplemental Standards/Subsection
5.03.06 – Dock Facilities (May 31, 2017 – Current).
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeld=COLLIE
R_CO_LAND_DEVELOPMENT_CODE
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The survey area is shown in Figure 3. Seagrass in Southwest Florida is ephemeral in nature; therefore,
seagrass abundance and density can vary throughout the year.
The SRS was conducted by two (2) Ecologists from ETE, utilizing SCUBA gear. North-south and east-west
transects were completed throughout the approximate survey area. Photographs were taken to
document observations.
Figure 3. Survey Area
RESULTS/DISCUSSION
The tide at the time of the survey was high and outgoing. For June 30th, the tide were as follows:
Low – 12:47 AM
High – 7:18 AM
Low – 1:15 PM
High –6:47 PM
Water depth varied from approximately four (4) feet to ten (10) feet. Weather conditions during the
survey were approximately 91°F with scattered clouds, light winds (SW @ 9). Underwater visibility was
approximately (2) feet. Bottom material was primarily mucky substrate. The majority of the surveyed area
was subject to heavy siltation.
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Submerged Resource Survey
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The shoreline was consistently lined with red mangroves that reached over the water (both branches/
foliage and roots) throughout the entirety of the eastern side of the cove. Approximate locations are
shown on Figure 3. No mangroves are to be impacted for dock construction. Minimum lateral
branches will be trimmed according to FDEP criteria to allow dock passage.
No seagrass or hardbottom areas were observed within the survey areas. Scattered oysters (individuals)
both dead and alive were observed in both the primary and secondary survey areas along the cove where
mangroves were present and extended to about 10 – 15 feet (around 6 foot of depth) from the shore. No
oyster colonies will be impacted by dock construction – none are present under the dock or in the job site.
Very little macroalgae (Caulerpa) was observed in the survey area. See Table 1 below for a full species list.
Table 1. Species Observed during Submerged Resource Survey
Common Name Scientific Name
Algae
Caulerpa Caulerpa sp.
Invertebrates
Barnacle Balanus spp.
Eastern Oyster Crassostrea virginica
Feather Duster Sabellida Sp.
Fishes
Blenny, Seagrass Stathmonotus stahli
Catfish, Hardhead Ariopsis felis
Mullet, Striped Mugil cephalus
Pinfish Lagodon rhomboides
Sheepshead Archosargus probatocephalus
Snapper, Gray Lutjanus griseus
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Submerged Resource Survey
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PHOTOGRAPHIC DOCUMENTATION
The following photographs were taken to document observations during the SRS.
Typical bottom near the mangrove shore and the proposed dock area that is composed of deceased oysters.
Typical bottom substrate in the middle of the cove.
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Submerged Resource Survey
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REFERENCES
Collier County Property Appraiser. http://www.collierappraiser.com
Dawes, C.J., R.C. Phillips, and G. Morrison. 2004. Seagrass Communities of the Gulf Coast of Florida:
Status and Ecology. Florida Fish and Wildlife Conservation Commission Fish and Wildlife Research
Institute and the Tampa Bay Estuary Program. St. Petersburg, FL. iv + 74 pp.
Florida Fish and Wildlife Conservation Commission (FWC) Recommended Survey Protocols for
Estuarine and Marine Submerged Aquatic Vegetation (SAV) related to Permitting Applications
12/14/2011 DRAFT. http://myfwc.com/media/1626941/SeagrassSurveyProtocol.pdf
Fonseca, M.S., W.J. Kenworthy and G.W. Thayer 1998. Guidelines for the Conservation and
Restoration of Seagrasses in the United States and Adjacent Waters. NOAA Coastal Ocean Program
Decision Analysis Series No. 12, NOAA Coastal Ocean Office, Silver Spring, MD. pp. 1-222.
Green, R.H. 1979. Sampling design and statistical analysis methods of environmental biologists. John.
W. and Sons, Inc., New York.
Karazsia, J., 2010. A Science-based Seagrass Survey Window for Coastal Construction Project Planning
in Florida. NOAA NMFS Southeast Region, Habitat Conservation Division.
Morris, L.J., L. Hall and R. Virnstein. 2001. Field Guide for Fixed Seagrass Transect Monitoring in the
Indian River Lagoon. St. Johns River Water Management District.
“Submerged Aquatic Vegetation Survey Guidelines”. US Army Corps of Engineers (ACOE). Undated.
http://www.saj.usace.army.mil/Portals/44/docs/regulatory/sourcebook/permitting/processing_steps
/process_seagrass_survey.pdf
Zieman, J.C. 1982. The Ecology of the Seagrasses of South Florida: A Community Profile. U.S.F & W.S.,
Office of Biological Services, Washington D.C. FWS/OBS-82/25, 158 pp. (Human Impacts p. 84-90)
Collier County, Florida – Land Development Code/Chapter 5 Supplemental Standards/Subsection
5.03.06 – Dock Facilities (May 31, 2017 – Current).
https://library.municode.com/fl/collier_county/codes/land_development_code?nodeId=COLLIER
_CO_LAND_DEVELOPMENT_CODE
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December 10, 2020
Greg Orick II Marine Construction, Inc.
27171 Driftwood Dr.
Bonita Springs, FL 34135
Attention: Sabrina Dobbins, Permits Technician
RE: 226 Malibu Cove- Davis Boat Dock Extension PL20200002208
Dear Ms. Dobbins:
Thank you for sending us the boat dock extension application package for 226 Malibu
Cove for review. Pursuant to the Settlement Agreement between the Conservancy, Lely
Estates, Inc., and Collier County pertaining to the Lely Barefoot Beach PUD, the
Conservancy must be notified of any proposed construction activities within the
conservation easement. Upon review of the site plan surveys dated November 30,
2020 from Agnoli Barber & Brundage Inc., we do not see any inconsistencies with the
plan in regards to the easement or settlement agreement. Per the settlement
agreement, an access ramp or walkway through the conservation easement is
permissible provided that the ramp or walkway is consistent with the DEP permits and it
does not exceed 4 feet in width .
Sincerely,
April Olson Nicole Johnson
Senior Environmental Planning Specialist Director of Environmental Policy
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02/24/2022
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.C
Item Summary: Petition No. BDE-PL20210000104 - Request for a 21-foot boat dock extension
from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow
a boat docking facility protruding a total of 41 feet into a waterway that is 121.6± feet wide for the benefit
of property located at 1680 Vinland Way, also described as Lot 19, Landing at Bear’s Paw, in Section 35,
Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner]
Commission District 4
Meeting Date: 02/24/2022
Prepared by:
Title: Planner – Zoning
Name: John Kelly
02/01/2022 3:46 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
02/01/2022 3:46 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 02/01/2022 4:21 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 02/07/2022 1:55 PM
Zoning Ray Bellows Review Item Completed 02/08/2022 12:20 PM
Zoning Mike Bosi Zoning Director Review Completed 02/10/2022 9:53 AM
Hearing Examiner Andrew Dickman Meeting Pending 02/24/2022 9:00 AM
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January 25, 2022
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION - ZONING SERVICES SECTION
HEARING DATE: FEBRUARY 24, 2022
SUBJECT: BDE-PL20210000104, 1680 VINLAND WAY – SHERRILL DOCK
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
David Sherrill, Trustee Jeff Rogers
C. David Sherrill Trust Turrell, Hall & Associates, Inc.
240 Aviation Dr N., Suite 200 3584 Exchange Ave.
Naples, FL 34104 Naples, FL 34104
REQUESTED ACTION:
The petitioner requests a 21-foot boat dock extension over the maximum permitted protrusion of
20 feet for waterways greater than 100 feet in width, to allow a boat docking facility that will
protrude a total of 41 feet into a waterway that is 121.6± feet wide, pursuant to Section 5.03.06 of
the Collier County Land Development Code (LDC) for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 1680 Vinland Way, further described as Lot 19, Landings at
Bear’s Paw, in Section 35, Township 49 South, Range 25 East. Collier County, Florida. (See
location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within a residential component of the Landings at Bear’s Paw
Planned Unit Development (PUD), Ordinance 13-66, as amended. Said property comprises 0.23
acres that has been developed with a single-family dwelling and has 67 feet of water frontage. The
petitioner is proposing to construct a dock facility with a single slip, with boatlift, to moor a vessel
of up to 36 feet in overall length.
(Continued on Page 3)
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Purpose/Description of Project (Continued)
Exhibit A of the Landings at Bear’s Paw RPUD document, Permitted Uses, section c. – Golden
Gate Canal (as to the Northern ½ of the Golden Gate Canal abutting the project) states:
i. Permitted Uses: private recreational single-family boat docks, mooring pilings, boat
lifts/davits, and kayak launches to serve residents and their guests. All docks are
reserved for the exclusive use of the owners of dwelling units within the RPUD
property. No more than ten (10) boat slips may be constructed adjacent to the Amenity
Area, no more than two (2) boat slips may be constructed adjacent to each platted
single-family water-front lot, and no more than thirty-eight (38) slips may be
constructed within the project. Except for any deviations listed in this RPUD
Document, all docks and boat slips shall be subject to the requirements of LDC Section
5.03.06 and, to the extent applicable, the Manatee Protection Plan.
Exhibit E of the Landings at Bear’s Paw RPUD Document, List of Deviations, contains the
following applicable deviation:
4. Deviation #4 seeks relief from LDC Section 5.03.06.E.5., “Dock Facilities,” which
requires dock facilities to have a side setback of 15 feet for dock facilities on lots with
greater than 60 feet of water frontage, to allow 7.5-foot side setbacks for the private
single-family community dock facilities located along that section of Golden Gate
Canal within the Residential Tract; provided that such slips are parallel to (rather than
perpendicular to) the shoreline.
Staff further notes that at the time of site development for the RPUD the developer modified the
shoreline to create a rip-rap shoreline extending from the rear property lines into the water body.
This modified the MHWL and as a result the property line is a greater distance landward of the
MHWL. As such, it was previously determined that for this development that if a dock does not
protrude 20 feet past the original controlling MHWL no BDE should be required (See Attachment
C).
As per a Map of Specific Purpose Survey (Proposed Dock Site Plan) dated 1/11/2022 the proposed
dock facility incorporates a shore parallel design and will satisfy the 7.5-foot side/riparian setback
allowed by the RPUD (see above). The structurally attached boat lift will protrude 30.4 feet as
measured from the Mean High Water Line (MHWL). However, LDC Section 5.03.06.C.1,
Measurement of dock protrusions and extensions, states: Measurement is made from the most
restrictive of the following: property line, bulkhead line, shoreline, seawall, rip-rap line, control
elevation contour, or mean high water line (MHWL). If measured from the property line, the most
restrictive point as per the referenced requirement, the overall protrusion is 41± feet.
LDC Section 5.03.06.C.4. states: The allowable protrusion of the facility into the waterway shall
be based on the percentages described in subsection 5.03.06.E.2 of this LDC as applied to the true
waterway width, as depicted by the survey, and not the platted canal width. The actual width of
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the waterway is 121.6± feet at this location, MHWL to MHWL. Given that the proposed protrusion
is 30.4 feet from the MHWL, the dock facility will occupy 25 percent of the waterway.
Collier County records reveal that of the 14 platted single-family waterfront lots, each of which is
allocated two boat slips as per the RPUD document, five have been issued BDEs and three
(including the subject parcel) are in the process of obtaining BDEs. Approved BDE information:
• 1672 Vinland Way – Lot 17 – HEX Decision 18-11 – Single slip, 44-foot protrusion
• 1684 Vinland Way – Lot 20 – HEX Decision 18-17 – Single slip, 42-foot protrusion
• 1688 Vinland Way – Lot 21 – HEX Decision 16-36 – Single slip, 44-foot protrusion
• 1692 Vinland Way – Lot 22 – HEX Decision 17-11 – Single slip, 44-foot protrusion
• 1696 Vinland Way – Lot 23 – HEX Decision 18-07 – Single slip, 43-foot protrusion
SURROUNDING LAND USE & ZONING:
North: Vinland Way (Right-of-Way), then Single-family dwelling within the Landings at
Bear’s Paw PUD
East: Single-family dwelling within the Landings at Bear’s Paw PUD
South: Golden Gate Canal, then single family dwellings within a Residential Single-
Family-4 (RSF-4) zoning district
West: Single-family dwelling within the Landings at Bear’s Paw PUD
Aerial – Collier County GIS
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ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The property is located adjacent to a man-made canal which leads to the Gordon
River. The proposed docking facilities will be constructed waterward of the existing riprap
shoreline. The shoreline does not contain native vegetation. A submerged resources survey
provided by the applicant found no submerged resources in the area 200 feet beyond the proposed
docking facility. Exhibit sheet 6 of 7 provides an aerial with a note stating that no seagrasses were
observed within 200 feet.
This project does not require an Environmental Advisory Council Board (EAC) review, because
this project did not meet the EAC scope of land development project reviews as identified in
Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and
Ordinances.
STAFF ANALYSIS:
In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a dock facility extension request based on certain criteria. In
order for the Hearing Examiner to approve this request, at least four of the five primary criteria
and four of the six secondary criteria must be met:
Primary Criteria:
1. Whether the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use and zoning of the subject
property. Consideration should be made of property on unbridged barrier islands,
where vessels are the primary means of transportation to and from the property.
(The number should be appropriate; typical single-family use should be no more than
two slips; typical multi-family use should be one slip per dwelling unit; in the case of
unbridged barrier island docks, additional slips may be appropriate.)
Criterion met. The subject property is located within the residential development area of
a Residential Planned Unit Development (RPUD) for which the RPUD document
specifically allows each platted single-family lot located along the Golden Gate Canal two
boat slips. The petitioner desires to construct a dock facility with a single slip with boatlift.
To accommodate a vessel of up to 36 feet in overall length.
2. Whether the water depth at the proposed site is so shallow that a vessel of the general
length, type and draft as that described in the petitioner’s application is unable to
launch or moor at mean low tide (MLT). (The petitioner’s application and survey
should establish that the water depth is too shallow to allow launching and mooring
of the vessel(s) described without an extension.)
Criterion met. The attached survey and plans demonstrate that there is insufficient water
depth at the 20-foot protrusion line as measured from the property line, the most restrictive
point of measure.
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3. Whether the proposed dock facility may have an adverse impact on navigation within
an adjacent marked or charted navigable channel. (The facility should not intrude
into any marked or charted navigable channel thus impeding vessel traffic in the
channel.)
Criterion met. The proposed dock facility will only protrude 30.4 feet from the MHWL
into the subject waterway that is approximately 121.6 feet wide from MHWL to MHWL.
The entire waterway is used for navigation as there are no navigational markers indicating
the exact thread of navigation. The residences on the opposite shore have their docks on a
different canal/waterway.
4. Whether the proposed dock facility protrudes no more than 25 percent of the width
of the waterway, and whether a minimum of 50 percent of the waterway width
between dock facilities on either side is maintained for navigability. (The facility
should maintain the required percentages.)
Criterion met. The approximate waterway width is 121.6 feet, MHWL to MHWL. The
requested total dock protrusion is 30.4 feet from the MHWL which is 25 percent of the
width of the waterway; therefore, more than 50 percent of the waterway is open for
navigation.
5. Whether the proposed location and design of the dock facility is such that the facility
would not interfere with the use of neighboring docks. (The facility should not
interfere with the use of legally permitted neighboring docks.)
Criterion met. The new dock facility incorporates a shore parallel design and will not
exceed the 7.5-foot side setback requirements from both property/riparian lines. The dock
facility and location have been designed to satisfy required setbacks, provide safe access
to/from a vessel, and not to interfere with any future neighboring dock facilities that may
be constructed.
Secondary Criteria:
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include type of shoreline reinforcement, shoreline configuration,
mangrove growth, or seagrass beds.)
Criterion met. The design of the proposed dock facility is greatly influenced by a property
line that was pushed back during the design phase of the development to allow for the
canals shoreline to be stabilized using rip-rap. At this location the property line is 11± feet
landward of the MHWL. Due to this condition the existing dock protrudes further out into
the waterway in order to decrease the access walkway’s slope and to reach out to adequate
water depths to safely moor the vessel and allow the boatlift to function properly as well
as the dock as it is an existing floating dock.
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2. Whether the proposed dock facility would allow reasonable, safe access to the vessel
for loading/unloading and routine maintenance, without the use of excessive deck
area not directly related to these functions. (The facility should not use excessive deck
area.)
Criterion met. The applicant’s agent states: “The proposed dock facility has been
minimized in order to meet the County dock building guidelines, the approved PUD, and
be constructed within the 25% width of waterway. The proposed protrusion is consistent
with the other dock designs that have been approved within this same development along
subject shoreline. The design also provides adequate and safe access to and from the vessel
while still allowing room for other recreational use like fishing and kayak/paddle board
storage on the dock.” Staff concurs.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject property’s
linear waterfront footage. (The applicable maximum percentage should be
maintained.)
Criterion not met. The subject property has 67 feet of water/canal frontage, and the
proposed dock facility has been designed to moor a single 36-foot vessel which equates to
53.73 percent of said waterfrontage.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the
view of a neighboring property owner.)
Criterion met. The proposed dock facility is one of potentially 14 other single-family
docking facilities to be constructed along the subject shoreline not including the HOA’s
docking facility. The proposed dock facility uses a shore parallel design and will satisfy
the required 7.5-foot side/riparian setbacks applicable to this RPUD. All waterfront homes
desiring a dock facility along this shoreline will have similar challenges and no one
homeowner should be impacted more than another.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass
beds are present, compliance with subsection 5.03.06(I) of the LDC must be
demonstrated.)
Criterion met. There are no seagrass beds present on the property nor the neighboring
properties within 200-feet of the existing dock structure.
6. Whether the proposed dock facility is subject to the manatee protection requirements
of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section
5.03.06(E)(11) must be demonstrated.)
Criterion is not applicable. Criterion not applicable. The provisions of the Collier
County Manatee Protection Plan do not apply to single-family dock facilities except for
those within the seawalled basin of Port of the Islands; the subject property is not located
within Port of the Islands.
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Staff analysis finds this request complies with five of the five of the primary criteria. With respect
to the six secondary criteria, one of the criteria is found to be not applicable and the request meets
four of the remaining five.
APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS:
As to any boat dock extension petition upon which the Hearing Examiner takes action, an
aggrieved petitioner may appeal such final action to the Board of County Commissioners. Such
appeal shall be filed with the Growth Management Department Administrator within 30 days of
the Decision by the Hearing Examiner. In the event that the petition has been approved by the
Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her
own risk during this 30-day period. Any construction work completed ahead of the approval
authorization shall be at their own risk.
STAFF RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition
BDE-PL20210001645, to allow for the construction of the proposed dock facility as depicted
within the plans contained within Attachment A.
Attachments:
A) Proposed Site and Dock Plans
B) Public Hearing Sign Posting
C) E-mail from Collier County Development Review
D) Applicant’s Backup
E) HEX Hybrid Meeting Waiver
3.C.a
Packet Pg. 357 Attachment: Staff Report 01252022 (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.166989<> LONGITUDE:W -81.781228SITE ADDRESS:<> 1680 VINLAND WAY NAPLES, FL 34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg LOCATION MAP 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYLOCATION MAP49-------------------01 OF 07COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWSUBJECTPROPERTYKEY WESTTAMPAFT.MYERSMIAMINAPLES3.C.bPacket Pg. 358Attachment: Attachment A - Proposed Site and Dock Plans (21225 : PL20210000104 BDE 1680 Vinland
NESW0102040SCALE IN FEETSITE ADDRESS:,1680 VINLAND WAYNAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg EXISTING CONDITIONS 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYEXISTING CONDITIONS49-------------------02 OF 07MHW = 0.44'(NAVD '88)EXISTINGTOP OF BANKAND RIP RAPRIPARIANLINERIPARIANLINEEXISTING RIP RAPPROPERTY LINEPROPERTY LINETOE OF RIP RAP7.5
'
SETBACK7.5
'
SETBACKAPPROXMLW -1.53'(NAVD '88)·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COURT GREGORY SURVEYING, INC."05-10-21-1.53'+0.44'67'0121.6'RIPARIANSETBACKLINEADJACENTEXISTING DOCKAND LIFTADJACENTEXISTING DOCKAND LIFT3.C.bPacket Pg. 359Attachment: Attachment A - Proposed Site and Dock Plans (21225 : PL20210000104 BDE 1680 Vinland
NESW051020SCALE IN FEETSITE ADDRESS:,1680 VINLAND WAYNAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg DOCK PLAN 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYDOCK PLAN49-------------------03 OF 07MHW 0.44'(NAVD '88)EXISTINGTOP OF BANKAND RIP RAPRIPARIAN LINERIPARIAN LINETOE OF RIP RAP6'20' RAMP DOWN6'OPTIONALBOAT LIFTFIXED DOCKPROPOSEDHAND RAIL10'AA047.5'7.5
'PROPERTY LINE10'51'18'APPROXMlW -1.53'(NAVD '88)PROPOSEDHAND RAIL27'4'X4'FLARE(TYP)18'15.5'30.4' MHWL PROTRUSION41'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COURT GREGORY SURVEYING, INC."05-10-21-1.53'+0.44'67'0121.6'54254230.4'11'RIPARIANSETBACK LINERIPARIANSETBACKLINE41'3.C.bPacket Pg. 360Attachment: Attachment A - Proposed Site and Dock Plans (21225 : PL20210000104 BDE 1680 Vinland
Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg CROSS SECTION 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYCROSS SECTION49-------------------04 OF 07MHW 0.44' (NAVD '88)EXISTINGRIP RAPTOE OF RIP RAPFIXED DOCKPROPOSED HAND RAILMLW -1.53' (NAVD '88)15.5' BOAT LIFT3'EXISTINGTOP OFRIPRAP20'6'ALL PILES TO BE WRAPPEDFROM 6" BELOW SUBSTRATETO 12" ABOVE MHW30.4'11'41' PROTRUSION03612SCALE IN FEETDEPTHSVARYPROPERTYLINE3.C.bPacket Pg. 361Attachment: Attachment A - Proposed Site and Dock Plans (21225 : PL20210000104 BDE 1680 Vinland
30'20'32'NESW050100200SCALE IN FEETSITE ADDRESS:,1680 VINLAND WAYNAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg ADJACENT DOCKS 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYADJACENT DOCKS49-------------------05 OF 07MHWLPROPERTY LINEVINLAND WAY41'42'34'34'36'47'46'44'43'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.60'±THREAD OFNAVIGATION3.C.bPacket Pg. 362Attachment: Attachment A - Proposed Site and Dock Plans (21225 : PL20210000104 BDE 1680 Vinland
NESW050100200SCALE IN FEETSITE ADDRESS:,1680 VINLAND WAYNAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg SUBMERGED RESOURCE SURVEY 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYSUBMERGED RESOURCE SURVEY49-------------------06 OF 07PROPERTY LINENO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECT.200'121.6'10'TRANSECTS3.C.bPacket Pg. 363Attachment: Attachment A - Proposed Site and Dock Plans (21225 : PL20210000104 BDE 1680 Vinland
NESW050100200SCALE IN FEETSITE ADDRESS:,1680 VINLAND WAYNAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg WIDTH OF WATERWAY 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYWIDTH OF WATERWAY49-------------------07 OF 07PROPERTY LINE25% WIDTH OFWATERWAY121.6' WIDTH OF WATERWAY30.4'41'3.C.bPacket Pg. 364Attachment: Attachment A - Proposed Site and Dock Plans (21225 : PL20210000104 BDE 1680 Vinland
3.C.cPacket Pg. 365Attachment: Attachment B - Sign Posting PL20210000104 (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
3.C.cPacket Pg. 366Attachment: Attachment B - Sign Posting PL20210000104 (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
3.C.d
Packet Pg. 367 Attachment: Attachment C - MHW determination of boat docks (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
3.C.d
Packet Pg. 368 Attachment: Attachment C - MHW determination of boat docks (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
3.C.d
Packet Pg. 369 Attachment: Attachment C - MHW determination of boat docks (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
3.C.d
Packet Pg. 370 Attachment: Attachment C - MHW determination of boat docks (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
-3ag. ?tzoU*rrr,
tbb y'r**^,,a t)1
A. Backup provided by the County Planner
The agent is responsible for all required data included in the digital file of information for the Hearing Examin€r
(Hex) or the Collier County Planning Commission (CCPC). DO NOT ACCEPT DUPLTCATES OF ANy DOCUMENTS. MAKE
SURE ONTY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE
DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT."
Planner responsible for providinc the Countv Attornev-drafted Ordinance for PUDs and placing in backup
materials. AGENTS DO NOT INCLU DE THE PUD DOCUMENT -STAFF PROVIDES THIS TO THE COUNTY ATTORNEY
WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESoIUTIoN Is THE FIRST ITEM
AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE
STAFF REPORTI
B. Backuo provided b v Applicant:
PTEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BETOW. DO NOT PROVIDE DUPTICATES OF ANY
DOCUMENTS. PROVIDE ONIY THE I.ATEST, ACCEPTED/APPROVED COPY OF THE BETOW DOCUMENTATION. IF THE
BACKUP PROVIDED BY APPLICANT lS lN DTSARRAY-MEAN|NG tT tS NOT tN THE pROpER ORDER AND/OR THE
APPTICANT PROVIDES MUTTIPTE DUPTICATES-THE APPLICANT COULD IOSE ITS HEARING DATE.
y' Application, to include but not limited to the following:
JZ Narrative of request
t/ Woperty lnformation
v.' Ptoperty Ownership Disclosure Form
r../ Any other documents required by the specific petition type; such as a variance, a boat
dock extension; PUD amendment, rezone request, etc.
_ Disclosure of Property Ownership lnterest (if there is additional documentation aside from
disclosure form)
_ Affidavit of Unified Control (
,/' A r.rlt cZtZ-*fl ac). tz Affidavit of R€pfe5entati€B-
y' Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
_ NIM lnformation (Sign in sheet, notes, minutes and transcript/or summary)
r' lnclude 3 thumbnail drives ofvideo and/or audio
_ Traffic lmpact Study (TlS)
y'Environmental Data
_ Historical/Archeological Survey or Waiver
_ Utility Letter
v/ Devialion )ustifications fer.a2 I sanq*a ?..rzo.<
Revised 5/18/2018 Provide to Agents G:\CDES Planning SeMces\ClFentvor ng Staff lnformationlob Aides or Help Guides
HEARING PACKAGE CHECKLIST
3.C.e
Packet Pg. 371 Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
/Boundary Survey
y' Othet documents, as needed, on a case-by-case basis such as relevant prior Ordinances,
Conditional Uses, historical documents, any "private or legal" agreements affectingthe pUD etc.
-(Submerged Resource Surveys may be included here if required.
flash drive with only one 1dt lile lor all documents fr 44*tz'
I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same
order for flash drive must contain the documents in one pdf file. lt is the agent's responsibility to ensure no documentation is left out.
Signature of Agent Representative Date
Printed Name of Signing Agent Representative
Revised 5/18/2018 Provide to Agents G\CDES Planning SeMces\Cu.rentvoning Staff lnfomationvob Aides or Help Guides
Jeff Rogers
01/26/2022
3.C.e
Packet Pg. 372 Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
Narrative Description: The proposed Boat Dock Extension request is for a single-family dock
located within the Landings at Bear’s Paw development along the Gordon River. This section of
the Gordon River bottom lands is owned by the development as well as the rip-rap shoreline
which is why we had the HOA provide us with a letter of support.
The proposed dock has been designed to be consistent with the other previously approved
docks that also required a BDE. As proposed the dock will protrude approximately 41-feet
from the property line and approximately 30.4-feet from the mean high water line (MHWL)
therefore we are requesting a 21-foot extension from the allowed 20-feet. The subject waterway
is approximately 121.6-feet wide, as measured from MHWL to MHWL and as proposed dock
will protrude approximately 25% into the subject waterway. The required side yard setbacks as
outlined within the RPUD documents are 7.5-feet and as proposed the dock will provide the
required setbacks. Please note, the boatlift has not yet been added.
Additionally, the RPUD also allows the Landings at Bear’s Paw development have up to 38 boat
slips along their shoreline. The community dock accommodates 9 slips, and the remaining slips
(29) are for the residences along the river which are allowed 2 slips per lot. The proposed dock
is one of the allowed 29 slips along the river.
3.C.e
Packet Pg. 373 Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 1 of 6
DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION
LDC Section 5.03.06
Ch. 3 B. of the Administrative Code
THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
APPLICANT 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(s): ______________________________________________________________
Firm: _________________________________________________________________________
Address: _______________________________City: ___________ State: ________ ZIP: ______
Telephone: ___________________ Cell: ______________________ Fax: __________________
E-Mail Address: ________________________________________________________________
PROPERTY LOCATION
Section/Township/Range: / / Property I.D. Number: __________________
Subdivision: _____________________________________Unit: Lot: Block:
Address/ General Location of Subject Property:
_____________________________________________________________________________
Current Zoning and Land use of Subject Property:
_____________________________________________________________________________
To be completed by staff
3.C.e
Packet Pg. 374 Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)David C Sherrill Trust
David C. Sherrill
240 Aviation Dr N.Naples FL 34104
DSherrill@hartfordFL.com
Jeff Rogers
Turrell, Hall & Associates, Inc.
3584 Exchange Ave Naples FL 34104
239-643-0166 239-784-0081 239-643-6632
jeff@thanaples.com
35 49 25 54490010520
Landings at Bear Paw 19
1680 Vinland Way, Naples, FL 34105
RPUD/ UR / RSF-4
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 2 of 6
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
DESCRIPTION OF PROJECT
Narrative description of project (indicate extent of work, new dock, replacement, addition to existing
facility, any other pertinent information):
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
SITE INFORMATION
1. Waterway Width:
_______ ft. Measurement from plat survey visual estimate
other (specify)
2. Total Property Water Frontage:
_______ ft.
3. Setbacks:
Provided: _______ ft.
Required: _______ ft.
4. Total Protrusion of Proposed Facility into Water:
_______ ft.
5. Number and Length of Vessels to use Facility:
1. _______ ft.
2. _______ ft.
6. List any additional dock facilities in close proximity to the subject property and indicate
the total protrusion into the waterway of each:
__________________________________________________________________________________
__________________________________________________________________________________
7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in
size, the applicant shall be responsible for erecting the required sign. What is the size of
the petitioned property? _______ Acres
3.C.e
Packet Pg. 375 Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)RPUD Residential Single-Family
RSF-4 & A Residential Single-Family & Golden Gate Canal
RPUD Residential Single-Family
RPUD Residential Single-Family
See attached
121.6
aerial
67
7.5
7.5
41
36
Majority of the waterfront homes along the subject shoreline have docks which most have been granted BDE's. As proposed the dock
is consistent with the previous approved docks.
0.23
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 3 of 6
8. Official Interpretations or Zoning Verifications:
To your knowledge, has there been an official interpretation or zoning verification rendered on
this property within the last year? Yes No If yes, please provide copies.
PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in
determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner
will utilize the following criteria as a guide in the decision to approve or deny a particular Dock
Extension request. In order for the Hearing Examiner to approve the request, it must be
determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria,
must be met. On separate sheets, please provide a narrative response to the listed criteria
and/or questions.
1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to
the waterfront length, location, upland land use, and zoning of the subject property; consideration
should be made of property on unbridged barrier islands, where vessels are the primary means of
transportation to and from the property. (The number should be appropriate; typical, single-family
use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in
the case of unbridged barrier island docks, additional slips may be appropriate.)
2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length,
type, and draft as that described in the petitioner’s application is unable to launch or moor at mean
low tide (MLT). (The petitioner’s application and survey should show that the water depth is too
shallow to allow launch and mooring of the vessel (s) described without an extension.)
3. Whether or not the proposed dock facility may have an adverse impact on navigation within an
adjacent marked or charted navigable channel. (The facility should not intrude into any marked or
charted navigable channel thus impeding vessel traffic in the channel.)
4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the
waterway, and whether or not a minimum of 50 percent of the waterway width between dock
facilities on either side of the waterway is maintained for navigability. (The facility should maintain
the required percentages.)
5. Whether or not the proposed location and design of the dock facility is such that the facility would
not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally
permitted neighboring docks.)
3.C.e
Packet Pg. 376 Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 4 of 6
SECONDARY CRITERIA
1. Whether or not there are special conditions, not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed dock
facility. (There must be at least one special condition related to the property; these may include type
of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.)
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not directly
related to these functions. (The facility should not use excessive deck area.)
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination,
described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage.
(The applicable maximum percentage should be maintained.)
4. Whether or not the proposed facility would have a major impact on the waterfront view of
neighboring waterfront property owners. (The facility should not have a major impact on the view of
either property owner.)
5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass
beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.)
6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC
subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be
demonstrated.)
3.C.e
Packet Pg. 377 Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 5 of 6
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Dock Extension
Boathouse
Chapter 3 B. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 1
Property Ownership Disclosure Form 1
Signed and Sealed Survey 1
Chart of Site Waterway 1
Site Plan Illustration with the following:
• Lot dimensions;
• Required setbacks for the dock facility;
• Cross section showing relation to MHW/MLW and shoreline
(bank, seawall, or rip-rap revetment);
• Configuration, location, and dimensions of existing and proposed
facility;
• Water depth where proposed dock facility is to be located;
• Distance of navigable channel;
• Illustration of the contour of the property; and
• Illustration of dock facility from both an aerial and side view.
1
Affidavit of Authorization, signed and notarized 1
Completed Addressing Checklist 1
Electronic copy of all required documents
*Please be advised: The Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
1
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
• Following the completion of the review process by County review staff, the applicant shall submit
all materials electronically to the designated project manager.
• Please contact the project manager to confirm the number of additional copies required.
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Packet Pg. 378 Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 6 of 6
PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
Bayshore/Gateway Triangle Redevelopment:
Executive Director Historical Review
Addressing: Annis Moxam Parks and Recreation: David Berra
City of Naples: Robin Singer, Planning Director School District (Residential Components): Amy
Lockheart
Conservancy of SWFL: Nichole Johnson Other:
Emergency Management: Dan Summers; and/or
EMS: Artie Bay Other:
FEE REQUIREMENTS:
Boat Dock Extension Petition: $1,500.00
Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00
An additional fee for property owner notifications will be billed to the applicant prior to the
Hearing Examiner hearing date.
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set
forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood
Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this
checklist is included in this submittal package. I understand that failure to include all necessary submittal
information may result in the delay of processing this petition.
All checks payable to: Board of County Commissioners.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
Planning and Regulation
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
___________________________________ _____________
Signature of Petitioner or Agent Date
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3.C.ePacket Pg. 383Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680 Vinland Way Sherrill)
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.166989<> LONGITUDE:W -81.781228SITE ADDRESS:<> 1680 VINLAND WAY NAPLES, FL 34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg LOCATION MAP 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYLOCATION MAP49-------------------01 OF 07COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWSUBJECTPROPERTYKEY WESTTAMPAFT.MYERSMIAMINAPLES3.C.ePacket Pg. 384Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680
NESW0102040SCALE IN FEETSITE ADDRESS:,1680 VINLAND WAYNAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg EXISTING CONDITIONS 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYEXISTING CONDITIONS49-------------------02 OF 07MHW = 0.44'(NAVD '88)EXISTINGTOP OF BANKAND RIP RAPRIPARIANLINERIPARIANLINEEXISTING RIP RAPPROPERTY LINEPROPERTY LINETOE OF RIP RAP7.5
'
SETBACK7.5
'
SETBACKAPPROXMLW -1.53'(NAVD '88)·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COURT GREGORY SURVEYING, INC."05-10-21-1.53'+0.44'67'0121.6'RIPARIANSETBACKLINEADJACENTEXISTING DOCKAND LIFTADJACENTEXISTING DOCKAND LIFT3.C.ePacket Pg. 385Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680
NESW051020SCALE IN FEETSITE ADDRESS:,1680 VINLAND WAYNAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg DOCK PLAN 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYDOCK PLAN49-------------------03 OF 07MHW 0.44'(NAVD '88)EXISTINGTOP OF BANKAND RIP RAPRIPARIAN LINERIPARIAN LINETOE OF RIP RAP6'20' RAMP DOWN6'OPTIONALBOAT LIFTFIXED DOCKPROPOSEDHAND RAIL10'AA047.5'7.5
'PROPERTY LINE10'51'18'APPROXMlW -1.53'(NAVD '88)PROPOSEDHAND RAIL27'4'X4'FLARE(TYP)18'15.5'30.4' MHWL PROTRUSION41'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COURT GREGORY SURVEYING, INC."05-10-21-1.53'+0.44'67'0121.6'54254230.4'11'RIPARIANSETBACK LINERIPARIANSETBACKLINE41'3.C.ePacket Pg. 386Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680
Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg CROSS SECTION 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYCROSS SECTION49-------------------04 OF 07MHW 0.44' (NAVD '88)EXISTINGRIP RAPTOE OF RIP RAPFIXED DOCKPROPOSED HAND RAILMLW -1.53' (NAVD '88)15.5' BOAT LIFT3'EXISTINGTOP OFRIPRAP20'6'ALL PILES TO BE WRAPPEDFROM 6" BELOW SUBSTRATETO 12" ABOVE MHW30.4'11'41' PROTRUSION03612SCALE IN FEETDEPTHSVARYPROPERTYLINE3.C.ePacket Pg. 387Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680
30'20'32'NESW050100200SCALE IN FEETSITE ADDRESS:,1680 VINLAND WAYNAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg ADJACENT DOCKS 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYADJACENT DOCKS49-------------------05 OF 07MHWLPROPERTY LINEVINLAND WAY41'42'34'34'36'47'46'44'43'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.60'±THREAD OFNAVIGATION3.C.ePacket Pg. 388Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680
NESW050100200SCALE IN FEETSITE ADDRESS:,1680 VINLAND WAYNAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg SUBMERGED RESOURCE SURVEY 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYSUBMERGED RESOURCE SURVEY49-------------------06 OF 07PROPERTY LINENO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECT.200'121.6'10'TRANSECTS3.C.ePacket Pg. 389Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680
NESW050100200SCALE IN FEETSITE ADDRESS:,1680 VINLAND WAYNAPLESFL34108Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Suite B. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg WIDTH OF WATERWAY 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:JRRMJ01-10-2220000.29-35251680 VINLAND WAYWIDTH OF WATERWAY49-------------------07 OF 07PROPERTY LINE25% WIDTH OFWATERWAY121.6' WIDTH OF WATERWAY30.4'41'3.C.ePacket Pg. 390Attachment: Attachment D - Backup Package BDE PL20210000104 (21225 : PL20210000104 BDE 1680
PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in
determining its recommendation to the Office of the Hearing Examiner. The Hearing
Examiner will utilize the following criteria as a guide in the decision to approve or deny a
particular Dock Extension request. In order for the Hearing Examiner to approve the
request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the
6 secondary criteria, must be met. On separate sheets, please provide a narrative response
to the listed criteria and/or questions.
1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use, and zoning of the subject property;
consideration should be made of property on unbridged barrier islands, where vessels are the
primary means of transportation to and from the property. (The number should be appropriate;
typical, single-family use should be no more than two slips; typical multi-family use should be
one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be
appropriate.)
Criterion Met
Response: The total waterfront length for this property is 67-ft. The zoning and upland land use is a
single-family residential unit which warrants no more than 2 slips per CC-LDC as well as the approved
PUD. The current proposed dock design has 1 optional boat slip.
2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general
length, type, and draft as that described in the petitioner’s application is unable to launch or moor
at mean low tide (MLT). (The petitioner’s application and survey should show that the water
depth is too shallow to allow launch and mooring of the vessel (s) described without an
extension.)
Criterion Met
Response: See attached survey/drawing illustrating the existing shoreline and associated base of
riprap. At the 20-foot protrusion line taken from the Top of Bank there is just not sufficient water to
accommodate the vessel nor boatlift and is still partially over the riprap. Therefore, there is
insufficient water depths to moor a vessel or provide safe access to the docking facility within the 20-
foot protrusion mark.
3. Whether or not the proposed dock facility may have an adverse impact on navigation within
an adjacent marked or charted navigable channel. (The facility should not intrude into any
marked or charted navigable channel thus impeding vessel traffic in the channel.)
Criterion Met
Response: The proposed docking facility will not have any adverse impacts on navigation as it will
only protrude 30.4-feet from the MHWL into the waterway that is approximately 121.6-feet wide from
MHWL to MHWL. The entire waterway is used for navigation as there are no navigational markers
indicating the exact thread of navigation. The proposed docking facility provides adequate space for
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navigation through this waterway as well as provides sufficient space for a dock to be built across the
waterway from the subject property and still provide adequate space for navigation. Additionally, the
proposed dock design is consistent with at least 3 if not 4 other existing docks along the subject
shoreline.
4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of
the waterway, and whether or not a minimum of 50 percent of the waterway width between dock
facilities on either side of the waterway is maintained for navigability. (The facility should
maintain the required percentages.)
Criterion Met
Response: The proposed docking facility protrudes approximately 30.4-feet from the MHWL into a
waterway that is 121.6’ wide from MHW to MHW. The proposed dock protrudes approximately 25%
into the waterway and therefore as proposed the dock does meet this criterion.
5. Whether or not the proposed location and design of the dock facility is such that the facility
would not interfere with the use of neighboring docks. (The facility should not interfere with the
use of legally permitted neighboring docks.)
Criterion Met
Response: The proposed dock facility will provide 7.5-foot setbacks from both property/riparian lines.
The approved PUD for the Landings at Bears Paw development only requires 7.5-feet setbacks for a
docking facility that is parallel to the shoreline. The dock design and location has been designed to be
located within the required setbacks, provide safe access with a vessel, and not interfere with any
future neighboring docking facilities that maybe constructed.
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SECONDARY CRITERIA
1. Whether or not there are special conditions, not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed dock
facility. (There must be at least one special condition related to the property; these may include
type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.)
Response: The proposed dock facility was primarily governed by the County guidelines and the
approved PUD for the Landings at Bear’s Paw. The one special condition that has affected the
overall proposed dock design was the relatively high Top of Bank elevation and the associated large
rip-rap shoreline. Due to this condition the proposed access walkway portion of the dock needs to
protrude further out into the waterway in order to decrease the access walkway’s slope and to reach
out to adequate water depths to safely moor the vessel and allow the boatlift to function properly.
Criterion Met
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not directly
related to these functions. (The facility should not use excessive deck area.)
Response: The proposed dock facility has been minimized in order to meet the County dock
building guidelines, the approved PUD, and be constructed within the 25% width of waterway. The
proposed design is consistent with the other dock designs that have been approved within this same
development along the subject shoreline. The design also provides adequate and safe access to and
from the vessel while still allowing room for other recreational use like fishing and kayak/paddle
board storage on the dock.
Criterion Met
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in
combination, described by the petitioner exceeds 50 percent of the subject property’s linear
waterfront footage. (The applicable maximum percentage should be maintained.)
Response: The proposed dock facility has been designed to only moor one vessel up to 36-feet which
is more than 50% the subject property’s linear waterfront footage. Therefore, this criteria is not
met.
4. Whether or not the proposed facility would have a major impact on the waterfront view of
neighboring waterfront property owners. (The facility should not have a major impact on the
view of either property owner.)
Response: The proposed dock facility will be one of potentially 14 other single-family docking
facilities allowed to be constructed along this shoreline not including the HOA docking facility. The
proposed dock has been designed within the designated setback area as outlined in the approved
PUD document for this development. The proposed docking facility design is consistent with others
on this waterway and will not affect neighboring properties view of the waterway.
Criterion Met
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5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If
seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.)
Response: There are no seagrass beds present on the property nor the neighboring properties
within 200’ of the existing dock structure.
Criterion Met
6. Whether or not the proposed dock facility is subject to the manatee protection requirements of
LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be
demonstrated.)
Response: The proposed work is a single-family dock facility and therefore not subject to Manatee
Protection Requirements.
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SHERRILL DOCK
1680 VINLAND WAY
NAPLES, FL 34105
SUBMERGED RESOURCE SURVEY
JULY 19, 2021
PREPARED BY:
TURRELL, HALL & ASSOCIATES, INC
3584 EXCHANGE AVENUE, STE B
NAPLES, FL 34104
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Sherrill Dock
Submerged Resource Survey
July 2021
2
1.0 INTRODUCTION
The Sherrill dock and associated residence is located at 1680 Vinland Way and can be further
identified by parcel #54490010520. The property is bound to the north and south by single family
residences, to the east by Samar Ave, and to the south by the subject man-made canal. The property
is located at Section 32, Township 51, and Range 26. The landward portion of the property
currently contains a single-family residence that is currently under construction and the subject
dock will be an accessory structure.
Turrell, Hall & Associates was contracted to provide environmental permitting services pertaining
to the mangrove removal and proposed docking facility, which requires the completion of a
Submerged Resource Survey (SRS). This report will provide planning and assistance to both the
owner(s) and government agencies reviewing the proposed project.
The SRS survey was conducted on July 16, 2021. Sea surface conditions consisted of partly cloudy
skies, light winds out of the southeast, and an air temperature of 88° F. The tide was at mid-level
upon arrival to the site, allowing for observance of most of the bottom lands from the dock. High
tide at the project site occurred at 7:01 A.M. (2.5 ft.) and low tide had occurred following our
arrival onsite at 12:50 P.M. (0.8 ft.). The water temperature was 85° F.
2.0 OBJECTIVE
The objective of the submerged resource survey was to identify and locate any existing submerged
resources within 200’ of the proposed project. The survey provided onsite environmental
information to help determine if the proposed project would impact any existing submerged
resources and if so would assist in reconfiguring the proposed dock in order to minimize any
impacts. The general scope of work performed at the site is summarized below.
• Turrell, Hall & Associates personnel conducted a site visit to verify the location of any
submerged resources within 200-feet.
• Turrell, Hall & Associates personnel identified submerged resources at the site (or the lack
there of), estimated the percent coverage, and delineated the approximate limits of any
submerged resources observed.
• Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model
76csx).
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Sherrill Dock
Submerged Resource Survey
July 2021
3
3.0 METHODOLOGY
Turrell, Hall & Associates biologists intentionally designed the methodology of the Submerged
Resource Survey to cover the entire property shoreline for the proposed dock and boat-lift
installation. The components for this survey included:
● Review of aerial photography of survey area
● Establish survey transects lines overlaid onto aerials
● Physically swim transects, GPS locate limits of submerged resources, and determine
approximate percent of coverage
● Document and photograph all findings
The survey area was evaluated systematically by following the established transects, spaced
approximately 10-feet apart as shown on the attached exhibit. The existing surrounding docks on
the canal provided reference points for easily identifiable land markers such as dock pilings which
assisted in maintaining position within each transect.
4.0 RESULTS
The substrate found within the surveyed area consists of 1 distinct classification: silt muck with
sand and minimal shell debris, which was observed throughout the entire surveyed area. The
shoreline consists of rip-rap with numerous other existing single-family docks. The rip-rap and
existing dock piles all support a variety of fish as well as sessile and motile invertebrates such as
barnacles and mud crabs. Some of the existing dock piles carried historic fragments or remains of
oysters, but no live individuals were observed. Algae was observed covering parts of the
submerged portions of the piles and rip-rap but was not observed in the underlying substrate. The
majority of the project site was devoid of vegetative growth, presumably because of the low water
quality and higher levels of freshwater which also reduces penetration of the water column by
sunlight. A list of observed species can be seen below in Table 1.
Table 1 – Observed fish species
Common Name Scientific Name
Striped Mullet Mugil cephalus
Sheepshead Archosargus probatocephalus
Gray Snapper Lutjanus grisens
Barnacle Amphibalanus spp.
Mud Crab Panopius herbstii
Snook Centropomus undecimalis
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Sherrill Dock
Submerged Resource Survey
July 2021
4
5.0 CONCLUSIONS
The submerged resource survey conducted at the project site yielded few findings at best.
Barnacles, mud crabs, and numerous fish species could be seen along the shoreline as well as out
on the adjacent dock pilings. Seagrasses were not observed anywhere near the project site. All
fish species were observed swimming in and around the shoreline.
Negative impacts to submerged resources are not expected with the proposed project.
RIP-RAP SHORELINE & ADJACENT DOCK SEAWALL & MANGROVE SHORELINE
Typical Bottom Sediment
Typical Bottom sediment
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02/24/2022
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.D
Item Summary: Petition No. VA-PL20210001516 - Request for a variance from section
5.03.06.E.5 of the Land Development Code to reduce the required eastern side setback for a boat dock
facility from 15 feet to 5.1 feet for a lot with 63.2± feet of water frontage located at 177 Topanga Drive
further described as Lot 86, Southport on the Bay Unit 1, in Section 06, Township 48 South, Range 25
East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2
Meeting Date: 02/24/2022
Prepared by:
Title: Planner – Zoning
Name: John Kelly
02/02/2022 4:39 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
02/02/2022 4:39 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 02/02/2022 6:54 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 02/07/2022 1:42 PM
Zoning Ray Bellows Review Item Completed 02/08/2022 12:47 PM
Zoning Mike Bosi Zoning Director Review Completed 02/10/2022 9:57 AM
Hearing Examiner Andrew Dickman Meeting Pending 02/24/2022 9:00 AM
3.D
Packet Pg. 403
VA-PL20210001516; 177 Topanga Dr - Paul Page 1 of 6
January 31, 2022
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: FEBRUARY 24, 2022
SUBJECT: VA-PL20210001516, 177 TOPANGA DRIVE, PAUL DOCK,
COMPANION TO BDE-PL20210000155
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Timothy W. Paul Mark Oreus
177 Topanga Dr. Greg Orick II Marine Construction, Inc.
Bonita Springs, FL 34134 2815 Bayview Dr.
Naples, FL 34112
REQUESTED ACTION:
The petitioner requests a variance from Section 5.03.06.E.5 of the Collier County Land
Development Code (LDC), to reduce the required eastern side/riparian setback for dock facilities
on lots with water frontage of 60 feet or greater from 15 feet to 5.1 feet for a lot with 63.2± feet of
water frontage, for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 177 Topanga Drive and is further identified as Lot 86, Southport
on the Bay Unit One, in Section 6, Township 48 South, Range 25 East. Collier County, Florida.
(See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within Tract H, a residential component, of the Lely Barefoot Beach
Planned Unit Development (PUD) and comprises 0.22± acres. The petitioner desires to construct
a new dock facility with two boat lifts, one for a 32.7-foot vessel and the other for two 11.7-foot
personal watercraft. As proposed, the new dock facility will encroach 9.9 feet into the otherwise
required 15-foot side/riparian setback on the east side. Dock protrusion is the subject of a
companion Boat Dock Extension petition, BDE-PL20210000155.
3.D.a
Packet Pg. 404 Attachment: Staff Report 02012022 (21226 : PL20210001516 VA 177 Topanga Drive Paul)
VA-PL20210001516; 177 Topanga Dr - Paul Page 2 of 6
January 31, 2022
3.D.aPacket Pg. 405Attachment: Staff Report 02012022 (21226 : PL20210001516 VA 177 Topanga Drive Paul)
VA-PL20210001516; 177 Topanga Dr - Paul Page 3 of 6
January 31, 2022
SURROUNDING LAND USE & ZONING:
North: Little Hickory Bay located then a single-family residence within a
Residential Single-Family-5 (RSF-5) zoning district
South: Topanga Drive (Right-of-Way) then Conservation Easement
East: A single-family residence located within the Lely Barefoot Beach PUD
West: A single-family residence located within the Lely Barefoot Beach PUD
Collier County GIS
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is in the Urban Designation, Urban Residential Subdistrict, land use
classification and is within the Coastal High Hazard Area on the County’s Future Land Use Map
(FLUM). This land use category is designed to accommodate a variety of residential uses including
single-family, multi-family, duplex, mobile home and mixed-use projects. As previously noted,
the subject petition seeks a variance for a proposed single-family boat dock facility which is an
authorized use within this land use designation, therefore, the use is consistent with the FLUM.
The GMP does not address individual variance requests; the Plan deals with the larger issue of the
actual land use.
3.D.a
Packet Pg. 406 Attachment: Staff Report 02012022 (21226 : PL20210001516 VA 177 Topanga Drive Paul)
VA-PL20210001516; 177 Topanga Dr - Paul Page 4 of 6
January 31, 2022
ZONING ANALYSIS:
The Lely Barefoot Beach PUD requires that single-family dock facilities satisfy the requirements
contained in LDC Section 5.03.06. As per Section 5.03.06 E.5, all dock facilities on lots with water
frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided
in subsections 5.0306.E or 5.03.06.F or otherwise exempted. Staff has determined the subject boat
dock facility is not exempt and must therefore satisfy the 15-foot side/riparian setback requirement.
The petitioner is requesting to reduce the required side yard for dock facilities from 15 feet to 5.1
feet on the eastern side to allow the proposed dock to be constructed as proposed within the plans
contained within Attachment A.
The decision to grant a variance is based on the criteria in LDC Section 9.04.03.A–H (in bold font
below). Staff has analyzed this petition relative to these provisions and offers the following
responses:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
Yes. The shape of the subject property shoreline and the fact it is a natural mangrove
shoreline that cannot be removed or altered due to an overlaid Conservation Easement are
the driving factors for this Variance request. The applicant’s vessel, natural shoreline, shape
of shoreline, and related riparian line locations create a pie shape buildable area that required
the dock to protrude further out into the subject waterway. The subject dock satisfies setback
requirements on the west side but not on the east as a result. The petitioner has designed the
proposed facility with the circumstances considered, including the desire not to impede the
use of neighboring dock facilities.
b. Are there special conditions and circumstances, which do not result from the action of
the applicant such as pre-existing conditions relative to the property, which are the
subject of the Variance request?
Yes. As stated above, the property’s natural shoreline, shape of the shoreline, and
Conservation Easement necessitated the additional protrusion (Subject of companion BDE)
due to the pie-shaped riparian lines. The proposed dock has been designed to compensate for
the above and to accommodate the desired vessel size.
c. Will a literal interpretation of the provisions of this zoning code work unnecessary and
undue hardship on the applicant or create practical difficulties for the applicant?
The applicant’s agent states: “Yes, the denial of the Variance petition would not allow the
owner to store any of their vessels at their property safely with the proposed dock and boat
lifts.” Staff agrees that a literal interpretation of the Code would compel a smaller dock,
thereby creating practical difficulties for the applicant with respect to docking a 32.7-foot
vessel.
d. Will the Variance, if granted, be the minimum Variance that will make possible the
3.D.a
Packet Pg. 407 Attachment: Staff Report 02012022 (21226 : PL20210001516 VA 177 Topanga Drive Paul)
VA-PL20210001516; 177 Topanga Dr - Paul Page 5 of 6
January 31, 2022
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
The applicant’s agent states: “Yes. The proposed docking facility has been reduced to the
minimum size and still provide safe access. Also, the proposed docking facility is consistent
with the other docking facilities along this shoreline as well as within the Little Hickory Bay
that have been previously granted BDE’s and some side yard setback variances.” Staff agrees
that the proposed dock has been designed to eliminate excess decking and that the 4-foot
finger pier portion does not allow sufficient space for routine maintenance and safe
loading/unloading of vessels thus necessitating the terminal platform.
e. Will granting the Variance confer on the applicant any special privilege that is denied
by these zoning regulations to other lands, buildings, or structures in the same zoning
district?
Yes. By definition, a Variance bestows some dimensional relief from the zoning regulations
specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any
dimensional development standard. However, other properties facing a similar situation are
entitled to make a similar request and would be conferred equal consideration on a case-by-
case basis.
f. Will granting the Variance be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
Yes. The granting of the subject variance request will be in harmony with the general intent
and purpose of the LDC and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
g. Are there natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
Yes. The subject docking facility is uniquely situated and compensates for existing dock
facilities as well as an existing Conservation Easement and maintains the integrity of the
natural mangrove shoreline.
h. Will granting the Variance be consistent with the Growth Management Plan?
Yes, approval of this Variance will not affect or change the requirements of the GMP with
respect to density, intensity, compatibility, access/connectivity, or any other applicable
provisions.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC does not normally hear variance petitions. Since the subject variance doesn’t impact any
preserve area, the EAC did not hear this petition.
3.D.a
Packet Pg. 408 Attachment: Staff Report 02012022 (21226 : PL20210001516 VA 177 Topanga Drive Paul)
VA-PL20210001516; 177 Topanga Dr - Paul Page 6 of 6
January 31, 2022
CONCURRENT LAND USE APPLICATIONS:
Companion Petition No. BDE-PL20210000155, to allow the proposed boat dock facility to
protrude a total of 51.1 feet into a waterway that is 125.1± feet wide.
PUBLIC NOTICE:
Notice Requirements for Variance petitions are contained within LDC Section 10.03.06.F.2. The
required Agent Letter was sent to all property owners located within 150 feet of the subject
property and the Southport on The Bay Property Owners’ Association on December 9, 2021, as
evidenced by an executed Affidavit of Compliance contained within Attachment C.
Notice of the Hearing Examiner hearing was provided by newspaper advertisement, mailed notice
to owners within 500 feet of the site, and posting of a public notice sign on the site at least 15 days
prior to the hearing.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner approve variance petition VA-
PL20210001516 to reduce the minimum east side/riparian setback from 15 feet to 5.1 feet, thereby
allowing for the construction of the dock facility depicted within Attachment A, for the benefit of
the subject property.
Attachments:
A) Proposed Dock and Site Survey
B) Public Hearing Sign Posting
C) Applicant’s Backup: Application, Narrative, Agent Letter Info
D) HEX Hybrid Meeting Waiver
3.D.a
Packet Pg. 409 Attachment: Staff Report 02012022 (21226 : PL20210001516 VA 177 Topanga Drive Paul)
3.D.bPacket Pg. 410Attachment: Attachment A - Survey For VA (21226 : PL20210001516 VA 177 Topanga Drive Paul)
3.D.bPacket Pg. 411Attachment: Attachment A - Survey For VA (21226 : PL20210001516 VA 177 Topanga Drive Paul)
3.D.cPacket Pg. 412Attachment: Attachment B - Sign Posting PL20210001516 PL20210000155 (21226 : PL20210001516 VA 177 Topanga Drive Paul)
3.D.cPacket Pg. 413Attachment: Attachment B - Sign Posting PL20210001516 PL20210000155 (21226 : PL20210001516 VA 177 Topanga Drive Paul)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252‐2400 FAX: (239) 252‐6358
4/27/2018 Page 1 of 6
VARIANCE PETITION APPLICATION
Variance from Setbacks Required for a Particular Zoning District
LDC section 9.04.00 & Code of Laws section 2‐83 – 2‐90
Chapter 3 J. of the Administrative Code
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
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
Name of Property Owner(s): ____________________________________
Timothy Paul
177 Topanga Dr Bonita Springs FL 34134
Mark Oreus
Greg Orick II Marine Construction, Inc.
2815 Bayview Dr Naples FL 34112
239-949-5588
permits@orickmarine.com
Timothy Paul
3.D.d
Packet Pg. 414 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 2 of 6
PROPERTY INFORMATION
Provide a detailed legal description of the property covered by the application: (If space is
inadequate, attach on separate page)
Property I.D. Number: ____________________ Section/Township/Range: / /
Subdivision: _____________________________________ Unit: _____Lot: Block:
Metes & Bounds Description: __________________________________ Total Acreage: ______
Address/ General Location of Subject Property: ______________________________________
______________________________________________________________________________
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
Minimum Yard Requirements for Subject Property:
Front: Corner Lot: Yes No
Side: Waterfront Lot: Yes No
Rear:
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.
3.D.d
Packet Pg. 415 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)74435007400 6 48 25
Southport on the Bay 1 86
.22
177 Topanga Dr, Bonita Springs, FL 34134
Waterway/RSF-5 Little Hickory Bay/Single Family Residence
PUD Single Family Residence
PUD Single Family Residence
PUD Single Family Residence
n
15
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 3 of 6
ASSOCIATIONS
Complete the following for all registered Association(s) that could be affected by this petition.
Provide additional sheets if necessary. Information can be found on the Board of County
Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774.
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ 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: _____
NATURE OF PETITION
On a separate sheet, attached to the application, please provide the following:
1.A detailed explanation of the request including what structures are existing and what is proposed; the
amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.;
when property owner purchased property; when existing prin cipal structure was built (include
building permit number(s) if possible); why encroachment is necessary; how existing encroachment
came to be; etc.
2.For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations,
including any dredging and filling.
3.Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing
Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a
variance petition by the criteria (a-h) listed below. Please address the following criteria:
a)Are there special conditions and circumstances existing which are peculiar to the location, size
and characteristics of the land, structure, or building involved.
3.D.d
Packet Pg. 416 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)Lely Barefoot Beach Master Association
195 Barefoot Beach POA Unit 1 Bonita Springs FL 34134
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 4 of 6
b)Are there special conditions and circumstances which do not result from the action of the
applicant such as pre-existing conditions relative to the property which is the subject of the
variance request.
c)Will a literal interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
d)Will the variance, if granted, be the minimum variance that will make possible the reasonable use
of the land, building or structure and which promote standards of health, safety or welfare.
e)Will granting the variance requested confer on the petitioner any special privilege that is denied
by these zoning regulations to other lands, buildings, or structures in the same zoning district.
f)Will granting the variance be in harmony with the intent and purpose of this zoning code, and not
be injurious to the neighborhood, or otherwise detrimental to the public welfare.
g)Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf course, etc.
h)Will granting the variance be consistent with the Growth Management Plan?
4.Official Interpretations or Zoning Verifications: To your knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year?
Yes No If yes, please provide copies.
3.D.d
Packet Pg. 417 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)n
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 5 of 6
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Variance
Chapter 3 J. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website)
Pre-Application Meeting Notes 1
Project Narrative
Completed Addressing Checklist 1
Property Ownership Disclosure Form 1
Conceptual Site Plan 24” x 36” and one 8 ½ ” x 11” copy
Survey of property showing the encroachment (measured in feet) 2
Affidavit of Authorization, signed and notarized 2
Deeds/Legal’s 3
Location map 1
Current aerial photographs (available from Property Appraiser) with
project boundary and, if vegetated, FLUCFCS Codes with legend
included on aerial
5
Historical Survey or waiver request 1
Environmental Data Requirements or exemption justification 3
Once the first set of review comments are posted, provide the assigned
planner the Property Owner Advisory Letter and Certification 1
Electronic copy of all documents and plans
*Please advise: The Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
1
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
•Following the completion of the review process by County review staff, the applicant shall submit all
materials electronically to the designated project manager.
•Please contact the project manager to confirm the number of additional copies required.
3.D.d
Packet Pg. 418 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
3.D.d
Packet Pg. 419 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
License #C28961
Wednesday, July 28, 2021
Collier County Growth Management
Zoning Division
2800 N Horseshoe Dr.
Naples, FL 34104
Re: PL20210001516
177 Topanga Dr (VA)
To Whom It May Concern,
Please find attached a request for a variance for a proposed single-family docking facility
located at 177 Topanga Dr, Bonita Springs, Florida 34134. The property is located on the
northwest side of Little Hickory Bay. The subject property is located within Section 06, Township
48 East, and Range 25 South in Collier County and can be identified by folio #74435007400.
The proposed project scope consists of constructing a new fixed dock with two boat lifts. The
proposed dock will provide a 15.1’ setback off the western riparian line and only a 5.1’ setback
from the eastern riparian line. The required side yard setbacks with Collier County are 15-feet on
both east and west sides. The proposed project meets the minimum on the west side but unable
to on the east side. Therefore, a request for a variance from the LDC Section 5.03.06.E.5 to
reduce the side yard setback requirement from 15-feet to 5.1-feet for the proposed docking
facility located at Lot 86, Southport on the Bay Unit 1 subdivision, also known as 177 Topanga
Dr in Section 06, Township 48 East, and Range 25 South in Collier County, Florida.
The shape of the subject property shoreline and the fact it is a natural mangrove shoreline which
cannot be removed or altered due to the overlaid Conservation Easement are the driving factors
for this variance request. The applicant’s vessel, natural shoreline, shape of shoreline,
associated riparian line locations creating a pie shape build able area that requires the dock to
protrude further out into the subject waterway. That is why the subject dock does not meet the
required side yard setback on the east side but does on the west side.
Please see uploaded documents for additional information and measurements. If you have any
questions, please contact me via email (Permits@Orickmarine.com) or at the office number in
the footer.
2815 Bayview Drive, Naples FL 34112
Office: (239) 949 – 5588 ● E-Mail: info@orickmarine.com
www.orickmarine.com
3.D.d
Packet Pg. 420 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
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
PAUL, TIMOTHY W, 11345 GREAT BLUE TRACE, FISHERS,IN, 46037 100
3.D.d
Packet Pg. 421 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
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:
3.D.d
Packet Pg. 422 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
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 3 of 3
Date of option: _________________________
Date option terminates: __________________, or
Anticipated closing date: ________________
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
Mark Oreus
7/26/2021
3.D.d
Packet Pg. 423 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
PL20210001516
3.D.d
Packet Pg. 424 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
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 #
name not yet approved
T48, R25, S06
3.D.d
Packet Pg. 425 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)n
SOUTHPORT ON THE BAY UNIT ONE LOT 86
74435007400
177 TOPANGA DR BONITA SPRINGS, FL 34134
177 Topanga Drive
PL20210000155
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)
07/28/2021
74435007400
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Packet Pg. 426 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)n
Greg Orick II Marine Construction
239-949-5588 permits@orickmarine.com
3.D.dPacket Pg. 427Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
3.D.dPacket Pg. 428Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
Name: Tim Paul
Address: 177 Topanga Dr
Bonita Springs, FL 34134
Date: 6/29/2021
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
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Packet Pg. 429 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
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Packet Pg. 430 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
License #C28961
2815 Bayview Drive, Naples FL 34112
Office: (239) 949 – 5588 ● E-Mail: info@orickmarine.com
www.orickmarine.com
Monday, November 1, 2021
Mailing Address (TBD)
Naples, FL (TBD)
To Whom It May Concern:
Please be advised that the sender has made a formal application to Collier County for a
variance, PL20210001516, from the requirements of the zoning regulations as they apply
to the following described property:
Southport on the Bay Unit One in Section 6, Township 48
South, Range 25 East, Collier County, Florida Also Known As: 177 Topanga Dr,
Folio: 74435007400
It is our intent to ask the County to allow us to reduce the minimum side yard setback from the
southeast riparian line from 15 feet to 5.1 feet to accommodate the proposed docking facility and
associated boatlifts. If you have any questions or concerns, please feel free to contact
Greg Orick II Marine Construction using the contact information listed below.
Best Regards,
Greg Orick II
President
Greg Orick II Marine Constriction Inc
Info@Orickmarine.com
3.D.d
Packet Pg. 431 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
1
NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO ADDRESSTYPE
BETZIOS, STEVEN & ELAINE 182 TOPANGA DR BONITA SPRINGS, FL 34134---8544 74435006702 U
DOUGLAS R OEHLER IRREV TRUST 6161 GEORGES WAY CINCINNATI, OH 45233---0 74435007109 U
FLORIDA FAMILY LLC 1513 FFAIRFIELD BEACH RD FAIRFIELD, CT 06824---0 74435007507 U
GULA, JAMES T 180 TOPANGA DR BONITA SPRINGS, FL 34134---8544 74435006809 U
KALDANY, ANDREW & CATHARINE P 172 TOPANGA DR BONITA SPRINGS, FL 34134---8544 74435007002 U
LIA M PETERSON REV TRUST THOMA MARK PETERSON TRUST 60 SYCAMORE ST W SAINT PAUL, MN 55117---5448 74435006906 U
LOIS M RUHL TRUST 181 TOPANGA DRIVE BONITA SPRINGS, FL 34134---0 74435007604 U
MUELLER, RAND W & MAUREEN T 173 TOPANGA DR BONITA SPRINGS, FL 34134---8545 74435007206 U
PAUL, TIMOTHY W 11345 GREAT BLUE TRACE FISHERS, IN 46037---0 74435007400 U
PRUNSKY TR, BARBARA B3 TRUST 12649 W REGAN RD MOKENA, IL 60448---8292 22899000189 U
SAWYER, JOHN P 175 TOPANGA DR NAPLES, FL 34134---0 74435007303 U
SOUTHPORT ON THE BAY PROPERTY OWNERS' ASSN INC % SANDCASTLE COMM MGMT 9150 GALLERIA CT #201 NAPLES, FL 34109---0 74435000203 U
SOUTHPORT ON THE BAY PROPERTY OWNERS' ASSN INC % SANDCASTLE COMM MGMT 9150 GALLERIA CT #201 NAPLES, FL 34109---0 74435009505 U
POList_150
3.D.d
Packet Pg. 432 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
BETZIOS, STEVEN & ELAINE
182 TOPANGA DR
BONITA SPRINGS, FL 34134---8544
DOUGLAS R OEHLER IRREV TRUST
6161 GEORGES WAY
CINCINNATI, OH 45233---0
FLORIDA FAMILY LLC
1513 FFAIRFIELD BEACH RD
FAIRFIELD, CT 06824---0
GULA, JAMES T
180 TOPANGA DR
BONITA SPRINGS, FL 34134---8544
KALDANY, ANDREW & CATHARINE P
172 TOPANGA DR
BONITA SPRINGS, FL 34134---8544
LIA M PETERSON REV TRUST
THOMA MARK PETERSON TRUST
60 SYCAMORE ST W
SAINT PAUL, MN 55117---5448
LOIS M RUHL TRUST
181 TOPANGA DRIVE
BONITA SPRINGS, FL 34134---0
MUELLER, RAND W & MAUREEN T
173 TOPANGA DR
BONITA SPRINGS, FL 34134---8545
PAUL, TIMOTHY W
11345 GREAT BLUE TRACE
FISHERS, IN 46037---0
PRUNSKY TR, BARBARA
B3 TRUST
12649 W REGAN RD
MOKENA, IL 60448---8292
SAWYER, JOHN P
175 TOPANGA DR
NAPLES, FL 34134---0
SOUTHPORT ON THE BAY
PROPERTY OWNERS' ASSN INC
% SANDCASTLE COMM MGMT
9150 GALLERIA CT #201
NAPLES, FL 34109---0
SOUTHPORT ON THE BAY
PROPERTY OWNERS' ASSN INC
% SANDCASTLE COMM MGMT
9150 GALLERIA CT #201
NAPLES, FL 34109---0
3.D.d
Packet Pg. 433 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
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Packet Pg. 434 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
BETZIOS, STEVEN & ELAINE
182 TOPANGA DR
BONITA SPRINGS, FL 34134---8544
DOUGLAS R OEHLER IRREV TRUST
6161 GEORGES WAY
CINCINNATI, OH 45233---0
FLORIDA FAMILY LLC
1513 FFAIRFIELD BEACH RD
FAIRFIELD, CT 06824---0
GULA, JAMES T
180 TOPANGA DR
BONITA SPRINGS, FL 34134---8544
KALDANY, ANDREW & CATHARINE P
172 TOPANGA DR
BONITA SPRINGS, FL 34134---8544
LIA M PETERSON REV TRUST
THOMA MARK PETERSON TRUST
60 SYCAMORE ST W
SAINT PAUL, MN 55117---5448
LOIS M RUHL TRUST
181 TOPANGA DRIVE
BONITA SPRINGS, FL 34134---0
MUELLER, RAND W & MAUREEN T
173 TOPANGA DR
BONITA SPRINGS, FL 34134---8545
PAUL, TIMOTHY W
11345 GREAT BLUE TRACE
FISHERS, IN 46037---0
PRUNSKY TR, BARBARA
B3 TRUST
12649 W REGAN RD
MOKENA, IL 60448---8292
SAWYER, JOHN P
175 TOPANGA DR
NAPLES, FL 34134---0
SOUTHPORT ON THE BAY
PROPERTY OWNERS' ASSN INC
% SANDCASTLE COMM MGMT
9150 GALLERIA CT #201
NAPLES, FL 34109---0
SOUTHPORT ON THE BAY
PROPERTY OWNERS' ASSN INC
% SANDCASTLE COMM MGMT
9150 GALLERIA CT #201
NAPLES, FL 34109---0
3.D.d
Packet Pg. 435 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
License #C28961
2815 Bayview Drive, Naples FL 34112
Office: (239) 949 – 5588 ● E-Mail: info@orickmarine.com
www.orickmarine.com
Monday, November 1, 2021
Mailing Address (TBD)
Naples, FL (TBD)
To Whom It May Concern:
Please be advised that the sender has made a formal application to Collier County for a
variance, PL20210001516, from the requirements of the zoning regulations as they apply
to the following described property:
Southport on the Bay Unit One in Section 6, Township 48
South, Range 25 East, Collier County, Florida Also Known As: 177 Topanga Dr,
Folio: 74435007400
It is our intent to ask the County to allow us to reduce the minimum side yard setback from the
southeast riparian line from 15 feet to 5.1 feet to accommodate the proposed docking facility and
associated boatlifts. If you have any questions or concerns, please feel free to contact
Greg Orick II Marine Construction using the contact information listed below.
Best Regards,
Greg Orick II
President
Greg Orick II Marine Constriction Inc
Info@Orickmarine.com
3.D.d
Packet Pg. 436 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
License #C28961
2815 Bayview Dr ● Naples, FL 34112
Office: (239) 949 – 5588 ● Fax: (239) 301 – 2238 ● E-Mail: info@orickmarine.com
www.GregOrickMarineConstruction.com
Wednesday, November 10, 2021
Re: Nature of Petition
1. A detailed explanation of the request including what structures are existing and what is
proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback
from 25 ft. to 18 ft.; when property owner purchased property; when existing principal
structure was built (include building permit number(s) if possible); why encroachment is
necessary; how existing encroachment came to be; etc.
The subject property currently does not contains a docking facility. The proposed work will entail the
construction of a new docking facility with two boatlifts which will protrude 51.1’ from the most
restrictive point (MHWL) out into a section of waterbody which is Little Hickory Bay. It will be built
outward to the existing shoreline and due to the design and mangrove overhang from shore a BDE has
been applied for alongside this VA.
This variance petition seeks to reduce the riparian line setback on the southeast side of the
proposed dock from the required 15-feet to 5.1-feet. The subject property is zoned PUD within
the Barefoot Beach residential community with a single-family residence currently under
construction on the uplands permit number PRBD20210208241 and per the Collier County LDC a
docking facility is allowed but requires 15-foot setbacks from both riparian lines. The shape of the
subject property shoreline and the fact it is a natural mangrove shoreline which cannot be removed or
altered due to the overlaid Conservation Easement are the driving factors for this variance request. The
applicant’s vessel, natural shoreline, shape of shoreline, associated riparian line locations
creating a pie shape buildable area requires the dock to protrude further out into the subject
waterway. That is why the subject dock does not meet the required side yard setback on the
east side but does on the west side.
This was the only design that would allow for safe navigation of waterway while still allowing for
property owners vessels to safely be stored and not imposing on the egress/ingress of neighboring
docks. This design was also placed to allow for as little impact to mangroves and any critical habitats in
the area.
3.D.d
Packet Pg. 437 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
License #C28961
2815 Bayview Dr ● Naples, FL 34112
Office: (239) 949 – 5588 ● Fax: (239) 301 – 2238 ● E-Mail: info@orickmarine.com
www.GregOrickMarineConstruction.com
2.For projects authorized under LDC Section 9.04.02, provide a detailed description of site
alterations, including any dredging and filling.
The proposed design will only go through the mangrove at a maximum of 4-feet wide which is what
dock access is allowed through a Conservation Easement. There will be no dredging on the entire
proposed project.
2.Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing
Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny
a variance petition by the criteria (a-h) listed below. Please address the following criteria:
a)Are there special conditions and circumstances existing which are peculiar to the location, size
and characteristics of the land, structure, or building involved.
Yes,The curve shaped shoreline limits what proposed docking facility can be introduced,
additionally the conservation easement and presence of mangroves add even more of a restriction.
Also with the presence of the docks at both neighboring properties, the property owner is very
limited in which direction they can access the docking facility without causing any navigational
issues.
b)Are there special conditions and circumstances which do not result from the action of the
applicant such as pre-existing conditions relative to the property which is the subject of the
variance request.
Yes, As stated above, the property’s natural shoreline, shape of shoreline, and Conservation Easement
on the shoreline requires additional protrusion due to the pie shape riparian lines. Due to these factors
and the property owners vessel size, these are the special conditions driving this side yard setback
variance request.
c)Will a literal interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
Yes, The denial of the Variance petition would not allow the owner to store any of their vessels
at the property safely with the proposed Dock and boat lifts.
d)Will the variance, if granted, be the minimum variance that will make possible the reasonable
use of the land, building or structure and which promote standards of health, safety, or
welfare.
Yes. The proposed docking facility has been reduced to the minimum size and still provide safe access.
Also, the proposed docking facility is consistent with the other docking facilities along this shoreline as
well as within Little Hickory Bay that have been previously granted BDE’s and some side yard setback
variances
3.D.d
Packet Pg. 438 Attachment: Attachment C - VA FINAL BACKUP (21226 : PL20210001516 VA 177 Topanga Drive Paul)
License #C28961
2815 Bayview Dr ● Naples, FL 34112
Office: (239) 949 – 5588 ● Fax: (239) 301 – 2238 ● E-Mail: info@orickmarine.com
www.GregOrickMarineConstruction.com
e)Will granting the variance requested confer on the petitioner any special privilege that is
denied by these zoning regulations to other lands, buildings, or structures in the same zoning
district.
No. Several of the neighboring lots already contain similar docking facilities that also required a
BDE and setback variances.
f)Will granting the variance be in harmony with the intent and purpose of this zoning code, and
not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
Yes, The variance is for a single-family docking facility that will not affect the functionality of any
surrounding lots but allow this property to be consistent with the others along the same subject
shoreline.
g) Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf course, etc.
The variance will allow the construction of a private single-family docking facility, which will increase the
recreational value of the property and the Little Hickory Bay area.
g)Will granting the variance be consistent with the Growth Management Plan?
Yes. Besides the dock’s side setbacks and protrusion, all other design criteria will be met.
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Packet Pg. 447 Attachment: Attachment D - HEX Hybrid Meeting Waiver VA (21226 : PL20210001516 VA 177 Topanga Drive Paul)
02/24/2022
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.E
Item Summary: Petition No. BDE-PL20210000155 - Request for a 31.1-foot boat dock extension
from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to al low
construction of a boat docking facility protruding a total of 51.1 feet into a waterway that is 125.1 feet
wide. The subject property is located at 177 Topanga Drive and is further described as Lot 86, Southport
on the Bay Unit 1, in Section 06, Township 48 South, Range 25 East, Collier County, Florida.
[Coordinator: John Kelly, Senior Planner] Commission District 2
Meeting Date: 02/24/2022
Prepared by:
Title: Planner – Zoning
Name: John Kelly
02/02/2022 4:51 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
02/02/2022 4:51 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 02/02/2022 6:57 PM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 02/07/2022 1:35 PM
Zoning Ray Bellows Review Item Completed 02/08/2022 12:32 PM
Zoning Mike Bosi Zoning Director Review Completed 02/10/2022 9:54 AM
Hearing Examiner Andrew Dickman Meeting Pending 02/24/2022 9:00 AM
3.E
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BDE-PL20210000155; 177 Topanga Dr - Paul Page 1 of 8
January 31, 2022
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: FEBRUARY 24, 2022
SUBJECT: BDE-PL20210000155, 177 TOPANGA DRIVE, PAUL DOCK,
COMPANION TO VA-PL20210001516
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Timothy W. Paul Mark Oreus
177 Topanga Dr. Greg Orick II Marine Construction, Inc.
Bonita Springs, FL 34134 2815 Bayview Dr.
Naples, FL 34112
REQUESTED ACTION:
The petitioner requests a 31.1-foot boat dock extension over the maximum permitted protrusion of
20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for waterways
greater than 100 feet in width, for a total protrusion of 51.1 feet into a waterway that is 125.1± feet
wide, for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 177 Topanga Drive and is further identified as Lot 86, Southport
on the Bay Unit One, in Section 6, Township 48 South, Range 25 East. Collier County, Florida.
(See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within Tract H, a residential component, of the Lely Barefoot Beach
Planned Unit Development (PUD) and comprises 0.22± acres with 63.2 feet of water frontage. The
petitioner desires to construct a new dock facility with two boat lifts, one for a 32.7-foot vessel
and the other for two 11.7-foot personal watercraft. The proposed dock facility will protrude 51.1
feet from the Mean High Water Line (MHWL) which also serves as the platted property line. This
BDE is requested to accommodate the desired vessel size, a natural mangrove shoreline, and a
(Continued on Page 3)
3.E.a
Packet Pg. 449 Attachment: Staff Report 01312022 (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
BDE-PL20210000155; 177 Topanga Dr - Paul Page 2 of 8
January 31, 2022
3.E.aPacket Pg. 450Attachment: Staff Report 01312022 (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
BDE-PL20210000155; 177 Topanga Dr - Paul Page 3 of 8
January 31, 2022
PURPOSE/DESCRIPTION OF PROJECT (Continued from Page 1):
platted 20-foot Conservation Easement that exists landward of the MHWL for which the
Conservancy of Southwest Florida has provided a letter of no objection in keeping with an existing
settlement agreement; see Attachment D. As proposed, the proposed dock facility will encroach
9.9 feet into the required 15-foot eastern side/riparian setback which is the subject of a companion
Variance request.
SURROUNDING LAND USE & ZONING:
North: Little Hickory Bay then a single-family residence within a Residential
Single-Family-5 (RSF-5) zoning district
South: Topanga Drive (Right-of-Way) then Conservation Easement
East: A single-family residence located within the Lely Barefoot Beach PUD
West: A single-family residence located within the Lely Barefoot Beach PUD
Collier County GIS
3.E.a
Packet Pg. 451 Attachment: Staff Report 01312022 (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
BDE-PL20210000155; 177 Topanga Dr - Paul Page 4 of 8
January 31, 2022
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The shoreline for this property contains mangroves. The proposed dock will be
constructed waterward through the mangrove fringe. The access walkway will be 4 feet wide and
constructed within the footprint of the existing dock. Any additional impacts to mangroves will
require written approval from Florida Department of Environmental Protection (DEP). A
submerged resources survey provided by the applicant found no submerged resources in the area
200 feet beyond the proposed docking facility. The property contains a conservation easement
just landward of mean high-water line (OR Book 1756 PG 1358).
This project does not require an Environmental Advisory Council Board (EAC) review, because
this project did not meet the EAC scope of land development project reviews as identified in
Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and
Ordinances.
STAFF ANALYSIS:
In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a dock facility extension request based on certain criteria. In
order for the Hearing Examiner to approve this request, at least four of the five p rimary criteria
and four of the six secondary criteria must be met:
Primary Criteria:
1. Whether the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use and zoning of the subjec t
property. Consideration should be made of property on unbridged barrier islands,
where vessels are the primary means of transportation to and from the property.
(The number should be appropriate; typical single-family use should be no more than
two slips; typical multi-family use should be one slip per dwelling unit; in the case of
unbridged barrier island docks, additional slips may be appropriate.)
Criterion met. The subject property is located within Tract H, a residential component,
within the Lely Barefoot Beach PUD for which a Building Permit has been issued for a
single-family residence; No. PRBD20210208241, as of this date said permit is in “inspect”
status and inspections are being performed as construction progresses. Said property is an
irregular shaped lot with 63.2 feet of water frontage. The proposed boat docking facility
has two slips, each with a boat lift, one for a 32.7-foot vessel and the other which will be
segmented to accommodate two 11.7-foot personal watercraft.
2. Whether the water depth at the proposed site is so shallow that a vessel of the general
length, type and draft as that described in the petitioner’s application is unable to
launch or moor at mean low tide (MLT). (The petitioner’s application and survey
should establish that the water depth is too shallow to allow launching and mooring
of the vessel(s) described without an extension.)
3.E.a
Packet Pg. 452 Attachment: Staff Report 01312022 (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
BDE-PL20210000155; 177 Topanga Dr - Paul Page 5 of 8
January 31, 2022
Criterion met. The existing shallow natural mangrove shoreline, further restricted by a 20-
foot Conservation Easement, make it impossible to moor a vessel at Mean Low Water
without a boat dock extension as is demonstrated in the attached bathymetric survey and
cross-section contained within Attachments A and B.
.
3. Whether the proposed dock facility may have an adverse impact on navigation within
an adjacent marked or charted navigable channel. (The facility should not intrude
into any marked or charted navigable channel thus impeding vessel traffic in the
channel.)
Criterion met. The applicant states that the proposed dock and lifts have been designed not
to impede navigation and that protrusions are consistent with neighboring docks along the
shoreline. Said boat dock facility does not intrude into any marked or charted navigable
channel, thus there will be no adverse impact on navigation.
4. Whether the proposed dock facility protrudes no more than 25 percent of the width
of the waterway, and whether a minimum of 50 percent of the waterway width
between dock facilities on either side is maintained for navigability. (The facility
should maintain the required percentages.)
Criterion not met. The applicable waterway is 125.1± feet wide as measured from MHWL
to MHWL, the requested protrusion is 51.1 feet; therefore, the proposed dock facility will
occupy 40.8 percent of the width of said waterway which leaves 59.2 percent of the
waterway open for navigation. The residence on the opposite shoreline is allowed a single
dock facility; said facility is located at a location that will not further decrease the available
thread of navigation.
5. Whether the proposed location and design of the dock facility is such that the facility
would not interfere with the use of neighboring docks. (The facility should no t
interfere with the use of legally permitted neighboring docks.)
Criterion met. As shown within the aerial exhibit contained within Attachment B, the
proposed boat dock facility will not interfere with neighboring dock facilities. The dock to
the west has a perpendicular orientation to the shoreline and the dock to the east has its
boat slips ingress/egress aligned from the east.
Secondary Criteria:
1. Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include type of shoreline reinforcement, shoreline configuration,
mangrove growth, or seagrass beds.)
Criterion met. The applicant states the following: “The proposed dock facility is in an area
of Little Hickory Bay that has well developed mangroves that extend many feet beyond the
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BDE-PL20210000155; 177 Topanga Dr - Paul Page 6 of 8
January 31, 2022
county allowed dock protrusion of 20’. Also, due to the narrow shoreline configuration and
presence of existing neighboring docks, a boat can only come in perpendicular to the
shoreline. The proposed boat is 32.7’ long, which is a typical size boat for the area, so it
would protrude past the allowable 20’ when docking perpendicular to the shoreline.
Criteria met due to the size of the proposed boat and by extending the dock beyond the
reach of the mangroves to navigable water.” Zoning staff concurs and notes that the
recorded Conservation Easement extends 20 feet landward of the MHWL and requires the
docking facility to be waterward of the mangrove fringe; together with the shape of the
property’s shoreline qualify as special conditions not related to water depth.
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel
for loading/unloading and routine maintenance, without the use of excessive deck
area not directly related to these functions. (The facility should not use excessive deck
area.)
Criterion met. The subject docking facility is comprised of a 4-foot-wide finger pier with
a 10-foot by 16-foot terminal platform. It is staff’s opinion that the 4-foot pier is adequate
for safe access and that the terminal platform is required for reasonable loading/unloading
and routine maintenance of the vessels to be moored at this facility; therefore, any
excessive decking is minimal at best.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject property’s
linear waterfront footage. (The applicable maximum percentage should be
maintained.)
Criterion not met. The subject property has 63.2± feet of water frontage; vessels to be
docked at this facility include a 32.7-foot vessel and two 11.7-foot personal watercraft with
a combined measurement of 56.1 feet.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the
view of a neighboring property owner.)
Criterion met. The proposed dock has been designed within the designated riparian lines
and is consistent with the existing docks along the subject shoreline. Additionally, as the
subject property is located within the Coast High Hazard Area, as per the Future Land Use
Map (FLUM), most residences are constructed well above grade with the habitable area
being over parking.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass
beds are present, compliance with subsection 5.03.06.J of the LDC must be
demonstrated.)
Criterion met. The submerged resources survey provided indicates that no seagrass beds
exist within 200-feet of the proposed dock. No seagrass beds will be impacted by the
proposed dock facility.
3.E.a
Packet Pg. 454 Attachment: Staff Report 01312022 (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
BDE-PL20210000155; 177 Topanga Dr - Paul Page 7 of 8
January 31, 2022
6. Whether the proposed dock facility is subject to the manatee protection requirements
of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section
5.03.06(E)(11) must be demonstrated.)
Criterion not applicable. The provisions of the Collier County Manatee Protection Plan do
not apply to single-family dock facilities except for those within the seawalled basin of
Port of the Islands; the subject property is not located within Port of the Islands.
Staff analysis finds this request complies with four of the five of the primary criteria and four of
the six secondary criteria with the sixth criterion being not applicable.
CONCURRENT LAND USE APPLICATIONS:
Companion Petition No. VA-PL20210001516 for dock side/riparian setback reduction.
APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS:
As to any boat dock extension petition upon which the Hearing Examiner takes action, an
aggrieved petitioner may appeal such final action to the Board of County Commissioners. Such
appeal shall be filed with the Growth Management Department Administrator within 30 days of
the Decision by the Hearing Examiner. In the event that the petition has been approved by the
Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her
own risk during this 30-day period. Any construction work completed ahead of the approval
authorization shall be at their own risk.
STAFF RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition
BDE-PL20210000155, to allow for the construction of the proposed dock facility as depicted
within the plans contained within Attachments A and B, with the following conditions:
1. Companion Petition No. VA-PL20210001516 must be approved for the subject dock
facility to be constructed within the setbacks provided herein; absent such approval, this
BDE is rendered null and void.
2. A Certificate of Occupancy must be issued for a principal structure, a single-family
residence, at this location prior to the issuance of a Certificate of Completion for an
accessory structure; to Wit: the proposed dock facility.
Attachments:
A) Site Plan and Proposed Dock Survey
B) Dock Overall Aerial and Cross Section
C) Public Hearing Sign Posting
D) Applicant’s Backup, application and supporting documents
E) Hybrid Meeting Waiver
3.E.a
Packet Pg. 455 Attachment: Staff Report 01312022 (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
3.E.b
Packet Pg. 456 Attachment: Attachment A - Site Plan and Proposed Dock Survey (21227 : PL20210000155 BDE 177 Topanga Drive Paul)Wayne D. Agnoli, R. S. M.
Digitally signed by Wayne D. Agnoli, R. S. M.
DN: E=agnoliw@abbinc.com, CN="Wayne D.
Agnoli, R. S. M.", O="Agnoli, Barber &
Brundage, Inc.", L=Naples, S=Florida, C=US
Date: 2021.06.22 14:22:28-04'00'
3.E.b
Packet Pg. 457 Attachment: Attachment A - Site Plan and Proposed Dock Survey (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
3.E.b
Packet Pg. 458 Attachment: Attachment A - Site Plan and Proposed Dock Survey (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
3.E.b
Packet Pg. 459 Attachment: Attachment A - Site Plan and Proposed Dock Survey (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
Name: Tim Paul
Address: 177 Topanga Dr
Bonita Springs, FL 34134
Date: 6/29/2021
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.E.c
Packet Pg. 460 Attachment: Attachment B - Dock Overall Aerial and X-Section Drawings (21227 : PL20210000155 BDE
Name: Tim Paul
Address: 177 Topanga Dr
Bonita Springs, FL 34134
Date: 6/21/2021
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.E.c
Packet Pg. 461 Attachment: Attachment B - Dock Overall Aerial and X-Section Drawings (21227 : PL20210000155 BDE
3.E.dPacket Pg. 462Attachment: Attachment C - Sign Posting PL20210001516 PL20210000155 (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
3.E.dPacket Pg. 463Attachment: Attachment C - Sign Posting PL20210001516 PL20210000155 (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 1 of 6
DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION
LDC Section 5.03.06
Ch. 3 B. of the Administrative Code
THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
APPLICANT 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(s): ______________________________________________________________
Firm: _________________________________________________________________________
Address: _______________________________City: ___________ State: ________ ZIP: ______
Telephone: ___________________ Cell: ______________________ Fax: __________________
E-Mail Address: ________________________________________________________________
PROPERTY LOCATION
Section/Township/Range: / / Property I.D. Number: __________________
Subdivision: _____________________________________Unit: Lot: Block:
Address/ General Location of Subject Property:
_____________________________________________________________________________
Current Zoning and Land use of Subject Property:
_____________________________________________________________________________
To be completed by staff
3.E.e
Packet Pg. 464 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)PAUL, TIMOTHY W
177 Topanga Dr Bonita Springs FL 34134
Bill Nelson / Mark Oreus / Eric Hochan / Robert Tice
Greg Orick II Marine Construction, Inc.
2815 Bayview Dr Naples FL 34112
239 949 5588 239 398 0301 239 301 2238
permits@orickmarine.com
6 48 25 74435007400
Southport on the Bay 1 86
177 Topanga Dr, Bonita Springs, FL 34134
PUD - Vacant Residential
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 2 of 6
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
DESCRIPTION OF PROJECT
Narrative description of project (indicate extent of work, new dock, replacement, addition to existing
facility, any other pertinent information):
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
SITE INFORMATION
1. Waterway Width:
_______ ft. Measurement from plat survey visual estimate
other (specify)
2. Total Property Water Frontage:
_______ ft.
3. Setbacks:
Provided: _______ ft.
Required: _______ ft.
4. Total Protrusion of Proposed Facility into Water:
_______ ft.
5. Number and Length of Vessels to use Facility:
1. _______ ft.
2. _______ ft.
6. List any additional dock facilities in close proximity to the subject property and indicate
the total protrusion into the waterway of each:
__________________________________________________________________________________
__________________________________________________________________________________
7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in
size, the applicant shall be responsible for erecting the required sign. What is the size of
the petitioned property? _______ Acres
3.E.e
Packet Pg. 465 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)Waterway/RSF-5 Little Hickory Bay/Single Family Residence
PUD Single Family Residence
PUD Single Family Residence
PUD Single Family Residence
New Dock and Boat Lifts to be installed with a 51.1' water protrusion from the Mean High Water Line / Rear Property Line. The total
protrusion is 40.8% of a 125.1' canal width. Boat Dock Extension is needed due to the conservation easement in the rear of the property,
the shore normal orientation required to access this narrow lot location and due to the mangrove overhang from shore.
125.1
63.2
15.1W;5.1E
15
51.1
32.7
11.7, 11.7
179 Topang Dr -54', 175 Topanga Dr. - 40' , 173 Topanga - 48'
0.22
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 3 of 6
8. Official Interpretations or Zoning Verifications:
To your knowledge, has there been an official interpretation or zoning verification rendered on
this property within the last year? Yes No If yes, please provide copies.
PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in
determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner
will utilize the following criteria as a guide in the decision to approve or deny a particular Dock
Extension request. In order for the Hearing Examiner to approve the request, it must be
determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria,
must be met. On separate sheets, please provide a narrative response to the listed criteria
and/or questions.
1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to
the waterfront length, location, upland land use, and zoning of the subject property; consideration
should be made of property on unbridged barrier islands, where vessels are the primary means of
transportation to and from the property. (The number should be appropriate; typical, single-family
use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in
the case of unbridged barrier island docks, additional slips may be appropriate.)
2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length,
type, and draft as that described in the petitioner’s application is unable to launch or moor at mean
low tide (MLT). (The petitioner’s application and survey should show that the water depth is too
shallow to allow launch and mooring of the vessel (s) described without an extension.)
3. Whether or not the proposed dock facility may have an adverse impact on navigation within an
adjacent marked or charted navigable channel. (The facility should not intrude into any marked or
charted navigable channel thus impeding vessel traffic in the channel.)
4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the
waterway, and whether or not a minimum of 50 percent of the waterway width between dock
facilities on either side of the waterway is maintained for navigability. (The facility should maintain
the required percentages.)
5. Whether or not the proposed location and design of the dock facility is such that the facility would
not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally
permitted neighboring docks.)
3.E.e
Packet Pg. 466 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 4 of 6
SECONDARY CRITERIA
1. Whether or not there are special conditions, not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed dock
facility. (There must be at least one special condition related to the property; these may include type
of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.)
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not directly
related to these functions. (The facility should not use excessive deck area.)
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination,
described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage.
(The applicable maximum percentage should be maintained.)
4. Whether or not the proposed facility would have a major impact on the waterfront view of
neighboring waterfront property owners. (The facility should not have a major impact on the view of
either property owner.)
5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass
beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.)
6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC
subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be
demonstrated.)
3.E.e
Packet Pg. 467 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
May 8, 2018 Page 5 of 6
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Dock Extension
Boathouse
Chapter 3 B. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF
COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 1
Property Ownership Disclosure Form 1
Signed and Sealed Survey 1
Chart of Site Waterway 1
Site Plan Illustration with the following:
• Lot dimensions;
• Required setbacks for the dock facility;
• Cross section showing relation to MHW/MLW and shoreline
(bank, seawall, or rip-rap revetment);
• Configuration, location, and dimensions of existing and proposed
facility;
• Water depth where proposed dock facility is to be located;
• Distance of navigable channel;
• Illustration of the contour of the property; and
• Illustration of dock facility from both an aerial and side view.
1
Affidavit of Authorization, signed and notarized 1
Completed Addressing Checklist 1
Electronic copy of all required documents
*Please be advised: The Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
1
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
• Following the completion of the review process by County review staff, the applicant shall submit
all materials electronically to the designated project manager.
• Please contact the project manager to confirm the number of additional copies required.
3.E.e
Packet Pg. 468 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)4
4
4
3.E.e
Packet Pg. 469 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
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
PAUL, TIMOTHY W, 11345 GREAT BLUE TRACE, FISHERS,IN, 46037 100
3.E.e
Packet Pg. 470 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
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:
3.E.e
Packet Pg. 471 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
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 3 of 3
Date of option: _________________________
Date option terminates: __________________, or
Anticipated closing date: ________________
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
Mark Oreus
7/26/2021
3.E.e
Packet Pg. 472 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
3.E.e
Packet Pg. 473 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
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 #
T48, R25, S06
name not yet approved
3.E.e
Packet Pg. 474 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)n
SOUTHPORT ON THE BAY UNIT ONE LOT 86
74435007400
177 TOPANGA DR BONITA SPRINGS, FL 34134
177 Topanga Drive
PL20210000155
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)
74435007400
07/28/2021
3.E.e
Packet Pg. 475 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)n
Greg Orick II Marine Construction
239-949-5588 permits@orickmarine.com
3.E.e
Packet Pg. 476 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
3.E.e
Packet Pg. 477 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
Name: Tim Paul
Address: 177 Topanga Dr
Bonita Springs, FL 34134
Date: 6/29/2021
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.E.e
Packet Pg. 478 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177
Name: Tim Paul
Address: 177 Topanga Dr
Bonita Springs, FL 34134
Date: 6/21/2021
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.E.e
Packet Pg. 479 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177
Primary Criteria
1. Whether or not the number of dock facilities and/or boat slips proposed is
appropriate in relation to the waterfront length, location, upland land use,
and zoning of the subject property; consideration should be made of
property on unbridged barrier islands, where vessels are the primary means
of transportation to and from the property. (The number should be
appropriate; typical, single-family use should be no more than two slips;
typical multi-family use should be one slip per dwelling unit; in the case of
unbridged barrier island docks, additional slips may be appropriate.)
Response: The location has 63.2 feet of water frontage and is zoned PUD. The
upland property is a single-family residential zoned lot that per LDC is allowed
two slips. Proposed dock consists of 2 slips with lifts attached to a single dock,
which is appropriate for a single-family dwelling. We are requesting a 31.1-foot
extension beyond the allowed 20-foot protrusion.
2. Whether or not the water depth at the proposed site is so shallow that a
vessel of the general length, type, and draft as that described in the
petitioner’s application is unable to launch or moor at mean low tide (MLT).
(The petitioner’s application and survey should show that the water depth is
too shallow to allow launch and mooring of the vessel (s) described without
an extension.)
Response: Without the boat dock extension, a vessel would not be able to be
moored or launched while at MLWL due to the water depth within a 20’
protrusion of the MHWL/ property line, as shown in the bathymetric survey and
cross section drawing.
3. Whether or not the proposed dock facility may have an adverse impact on
navigation within an adjacent marked or charted navigable channel. (The
facility should not intrude into any marked or charted navigable channel thus
impeding vessel traffic in the channel.)
3.E.e
Packet Pg. 480 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
Response: Proposed dock facility does not intrude into any marked or charted
navigable channel, thus there will be no adverse impact on navigation. The
proposed dock and lifts have been designed not to impede navigation and its
protrusion is consistent with the neighboring docks along the shoreline.
4. Whether or not the proposed dock facility protrudes no more than 25
percent of the width of the waterway, and whether a minimum of 50 percent
of the waterway width between dock facilities on either side of the
waterway is maintained for navigability. (The facility should maintain the
required percentages.)
Response: Proposed dock protrudes a total of 51.1 feet from MHWL, the overall
protrusion is 40.8% of 125.1-foot waterway, dock facility maintains more than
59.2% of navigable waterway open. Criteria not met.
5. Whether or not the proposed location and design of the dock facility is such
that the facility would not interfere with the use of neighboring docks. (The
facility should not interfere with the use of legally permitted neighboring
docks.)
Response: Proposed dock extension does not interfere with neighboring docks
as shown in the aerial drawing. The dock to the West has a perpendicular
orientation to the shoreline and the dock to the East has its boat slip’s
ingress/egress from the East. The proposed facility is consistent with existing
facilities along the shoreline.
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Secondary Criteria
1. Whether or not there are special conditions, not involving water depth,
related to the subject property or waterway, which justify the proposed
dimensions and location of the proposed dock facility. (There must be at
least one special condition related to the property; these may include
type of shoreline reinforcement, shoreline configuration, mangrove
growth, or seagrass beds.)
Response: The proposed dock facility is in an area of Little Hickory Bay that has
well developed mangroves that extend many feet beyond the county allowed
dock protrusion of 20’. Also, due to the narrow shoreline configuration and
presence of existing neighboring docks, a boat can only come in perpendicular
to the shoreline. The proposed boat is 32.7’ long, which is a typical size boat for
the area, so it would protrude past the allowable 20’ when docking
perpendicular to the shoreline. Criteria met due to the size of the proposed
boat and by extending the dock beyond the reach of the mangroves to
navigable water.
2. Whether the proposed dock facility would allow reasonable, safe, access
to the vessel for loading/unloading and routine maintenance, without the
use of excessive deck area not directly related to these functions. (The
facility should not use excessive deck area.)
Response: The design of the proposed boat dock is for recreational vessels to be
maintained safely without incidence. No excessive deck area is being proposed,
as shown in the site plan.
3. For single-family dock facilities, whether or not the length of the vessel, or
vessels in combination, described by the petitioner exceeds 50 percent of
the subject property’s linear waterfront footage. (The applicable
maximum percentage should be maintained.)
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Response: Vessel LOA combined is 56.1 feet (1 ea. 32.7’ long Boat & 2 ea. 11.7’
long PWC), which is more than 50 percent of the linear water frontage, being
63.2 long. Criterion not met.
4. Whether or not the proposed facility would have a major impact on the
waterfront view of neighboring waterfront property owners. (The facility
should not have a major impact on the view of either property owner.)
Response: Proposed dock facility will not have an impact on waterfront view of
neighboring properties and will be consistent with existing dock facilities along
shoreline as shown in the aerial drawing. The proposed dock facility is within
the property’s riparian lines and will not impact the view of the neighboring
waterfront property owners.
5. Whether or not seagrass beds are located within 200 feet of the proposed
dock facility. (If seagrass beds are present, compliance with LDC
subsection 5.03.06 I must be demonstrated.)
Response: There are no seagrass beds located near proposed dock facility as
shown in the results of submerged resource survey conducted by Turrell, Hall &
Associates and provided for review.
6. Whether or not the proposed dock facility is subject to the manatee
protection requirements of LDC subsection 5.03.06 E.11. (If applicable,
compliance with subsection 5.03.06.E.11 must be demonstrated.)
Response: This is a single family proposed dock and boathouse, with two vessel
mooring areas with lifts and is not subject to the requirements of the Manatee
Protection Plan as stated in the above referenced code of 5.03.06 E.11.
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Packet Pg. 488 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
BOCA HOLDINGS, LLC
177 TOPANGA DRIVE
NAPLES, FL 34134
SUBMERGED RESOURCE SURVEY
OCTOBER 2020
PREPARED BY:
TURRELL, HALL & ASSOCIATES, INC
3584 EXCHANGE AVENUE, STE B
NAPLES, FL 34104
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Packet Pg. 489 Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177 Topanga Drive Paul)
BOCA HOLDINGS, LLC
SUBMERGED RESOURCE SURVEY
OCTOBER 1, 2020
Page 1 of 5
1.0 INTRODUCTION
The Boca Holdings, LLC residence and associated proposed docking facility is located at
177 Topanga Drive, identified by Parcel Number 74435007400. The property is located
off Topanga Drive just south of Bonita Beach Road, bound to the west by a single-family
residential lot, bound to the east by another single-family residential lot, and bound to the
north by Little Hickory Bay. The property is located in Section 06, Township 48 South,
and Range 25 East. The upland portion of the property is a single-family residence
currently under construction.
Turrell, Hall & Associates was contracted to provide environmental permitting services
and one aspect is the associated Submerged Resource Survey (SRS). This survey will
provide planning and review assistance to both owners and agency reviewers in regards
to proposed project. The proposed project consists of constructing a single-family dock
within a man-altered waterway off Little Hickory Bay.
The SRS survey was conducted on October 1, 2020. Light east winds, mostly clear skies,
and an incoming tide resulted in visible access to the entire project area. Surface water
conditions on this day were calm which also helped to provide fair environmental
conditions for the survey. The water temperature was 82°F. Low tide occurred at 7:42
A.M (0.5’) and high tide occurred at 1:29 P.M (2.5’) on the date of the survey.
2.0 OBJECTIVE
The objective of the Submerged Resource Survey was to identify and locate any existing
submerged resources within the limits of the proposed dock project or within 200-feet of
the project area. The survey provided onsite environmental information to help
determine if the proposed project would impact any existing submerged resources and if
so would assist in reconfiguring the proposed dock in order to minimize any impacts. If
seagrasses are present within the project area it needs to be determined if the seagrass
beds are small in size or if they are part of a large seagrass bed. The general scope of
work performed at the site is summarized below.
• Turrell, Hall & Associates personnel conducted a site visit and I snorkeled these
transects within the proposed project basin and verified the location of any
submerged resources.
• Turrell, Hall & Associates personnel identified submerged resources at the site,
estimated the % of coverage, and delineated the approximate limits of any
submerged resources observed.
• Turrell, Hall & Associates personnel delineated limits via a handheld GPS
(Garmin Model 76csx).
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BOCA HOLDINGS, LLC
SUBMERGED RESOURCE SURVEY
OCTOBER 1, 2020
Page 2 of 5
3.0 METHODOLOGY
Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS
to cover the entire property shoreline for the proposed dock installation. The components
for this survey included:
● Review of aerial photography of survey area
● Establish survey transects lines overlaid onto aerials
● Physically swim transects, GPS locate limits of submerged resources, and
determine approximate percent of coverage
● Document and photograph all findings
The surveyed area was evaluated systematically by following the established transects
spaced approximately 10-feet apart within the proposed dock footprint. The survey was
expanded out 200-feet from the proposed docking facility in order to verify no other
resources were within the surrounding waterway. The neighboring properties have
existing docks which helped to provide easily identifiable reference markers, such as
dock piles which assisted in locating transects and keeping them consistent throughout
most of the survey area.
One biologist walked/swam these transects using snorkel equipment where needed within
the surveyed area. The other individual assisted with compiling notes and documenting
findings on aerials. Located submerged resources were photographed, the approximate
percent of coverage was quantified, and the location was delineated on an aerial photo as
well as confirmed via handheld GPS (Garmin Model 72H). The biologists used a half
meter square quadrant further broken into sections by cordage to make coverage
estimates easier.
4.0 RESULTS
The substrate found within the surveyed area included two distinct classifications; silt
sand with shell debris and just silt/ muck material scattered throughout. These two
substrates were found scattered throughout the entire surveyed area. There was also
scattered oyster debris along the property shoreline within the mangrove roots. The
shoreline consisted of red mangroves and scattered rip-rap both of which provide habitat
for numerous fish, crabs, barnacles, and oysters growing on and around the mangrove
roots. The majority of the survey area exhibited a silt/muck bottom that was devoid of
any aquatic vegetation growth or any types of submerged resources. The lack of any
submerged resources is most likely due to the overall water quality within Little Hickory
Bay as well as the water clarity not allowing much sunlight penetration. This was most
evident in the deeper water depths.
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BOCA HOLDINGS, LLC
SUBMERGED RESOURCE SURVEY
OCTOBER 1, 2020
Page 3 of 5
Various filamentous algae and macro algae were observed and documented growing
along the bottom sediments throughout the survey area. Also observed were numerous
fish species during the survey and a list of these species has been prepared and is
provided below as Table 1.
Table 1 – Observed Fish Species
5.0 CONCLUSIONS
The submerged resource survey was completed for the entire subject property shoreline
and expanded out 200-feet from the project area which yielded few findings. Barnacles
were observed growing on the mangrove roots and existing dock piles on the adjacent
properties. The subject property shoreline consists of mangroves which provide natural
cover. This mangrove area was where all the observed fish species were located
including: Gray Snapper (Lutjanus griseus), Sheepshead (Archosargus probatocephalus),
Stripped Mullet (Mugil cephalus), and a few Common Snooks (Centropomus
undecimalis).
Negative impacts to submerged resources are not expected with the proposed docking
facility installation.
Common Name Scientific Name
mangrove snapper Lutjanus griseus
sheepshead Archosargus probatocephalus
striped mullet Mugil cephalus
snook Centrompus undecimalis
jack crevalle Caranx hippos
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BOCA HOLDINGS, LLC
SUBMERGED RESOURCE SURVEY
OCTOBER 1, 2020
Page 4 of 5
Bottom Sediment along mangrove shoreline, muck with shell & oyster debris
Muck with shell & oyster debris
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BOCA HOLDINGS, LLC
SUBMERGED RESOURCE SURVEY
OCTOBER 1, 2020
Page 5 of 5
Oyster shell & debris
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STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.329147<> LONGITUDE:W -81.840574SITE ADDRESS:<> 177 TOPANGA DR BONITA SPRINGS, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\proposals\proposals 2021\Jeff\177 topanga dr\177_TOPANGA.dwg LOCATION MAP 9/22/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ09-22-21PROPOSALS-0625177 TOPANGA DRLOCATION MAP48-------------------01 OF 02COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.E.ePacket Pg. 495Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177
92'
160'200'10'NESW02550100SCALE IN FEETSITE ADDRESS:,177 TOPANGA DRBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\proposals\proposals 2021\Jeff\177 topanga dr\177_TOPANGA.dwg SUBMERGED RESOURCE SURVEY 9/22/2021THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ09-22-21PROPOSALS-0625177 TOPANGA DRSUBMERGED RESOURCE SURVEY48-------------------02 OF 02NO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECT LINEPROPERTY LINE·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYY3.E.ePacket Pg. 496Attachment: Attachment D - 177 Topanga Dr BDE HEX BACKUP (21227 : PL20210000155 BDE 177
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