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HEX Agenda 03/24/2022Collier County Hearing Examiner Page 1 Printed 3/17/2022 COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 March 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. March 2022 Collier County Hearing Examiner Page 2 Printed 3/17/2022 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. Petition No. CU-PL20210001683 - Request for modification to amend conditions of approval to a Conditional Use Resolution 2000-300 for a private club to modify conditions number 4 and 5. Condition 4 would modify the total number of people allowed and condition 5 would modify the hours of operation for the site. The subject property is in the Residential Tourist (RT) Zoning District, and a private club is a conditional use per Section 2.03.02.E.1.c.5 of the Collier County Land Development Code (LDC). Subject property is .99 ± acres located at 9467 Gulf Shore Drive in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Gabriela Castro, Principal Planner] Commission District 2 B. Petition No. FL - PL20210001966 - Mod Wash Comparable Use Determination - A request for a comparable use determination that a new automated carwash is comparable, compatible, and consistent with the list of permitted uses in section 4.4.A of the Artesa Pointe Planned Unit Development, Ord. No. 03-46, as amended. The proposed development is on a vacant ±1.01-acre parcel, folio no. 81076000095, at the southeast quadrant of the intersection of Collier Boulevard and Pasedo Drive, approximately one-half mile south of Tamiami Trail East, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Eric Ortman, Principal Planner] Commissioner District 1 4. Other Business 5. Public Comments 6. Adjourn 03/24/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Item Summary: Petition No. CU-PL20210001683 - Request for modification to amend conditions of approval to a Conditional Use Resolution 2000-300 for a private club to modify conditions number 4 and 5. Condition 4 would modify the total number of people allowed and condition 5 would modify the hours of operation for the site. The subject property is in the Residential Tourist (RT) Zoning District, and a private club is a conditional use per Section 2.03.02.E.1.c.5 of the Collier County Land Development Code (LDC). Subject property is .99 ± acres located at 9467 Gulf Shore Drive in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Gabriela Castro, Principal Planner] Commission District 2 Meeting Date: 03/24/2022 Prepared by: Title: Principal Planner – Zoning Name: Gabriela Castro 03/01/2022 3:13 PM Submitted by: Title: – Zoning Name: Mike Bosi 03/01/2022 3:13 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 03/01/2022 3:34 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 03/17/2022 3:08 PM Zoning Ray Bellows Review Item Completed 03/17/2022 3:54 PM Zoning Mike Bosi Review Item Completed 03/17/2022 4:22 PM Hearing Examiner Andrew Dickman Meeting Pending 03/24/2022 9:00 AM 3.A Packet Pg. 3 Page 1 of 8 Twin Eagles Beach and Bay Club CU-PL20210001683 February 23, 2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 24. 2022 SUBJECT: CU-PL20210001683; TWIN EAGLES BEACH AND BAY CLUB ______________________________________________________________________________ PROPERTY OWNER/AGENT: Owner: Applicant: Vanderbilt Beach, LLC Karen Bishop 3400 E. Lafayette PMS Inc. Of Naples Detroit, MI 48207 3125 54th Terrace SW Naples, Fl 34116 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an application to modify conditions of approval numbers 4 and 5 of Resolution No. 2000-300 to increase the total number of people allowed on site and expand the allowed hours of operation. The subject property is in the Residential Tourist (RT) Zoning District, and has a conditional use as a private club per Section 2.03.02.E.1.c.5 of the Collier County Land Development Code. GEOGRAPHIC LOCATION: The subject property is .99 +/- acres and is located on both the east and west sides of Gulf shore Drive, approximately a quarter-mile north of Vanderbilt Beach Road in Section 32, Township 48 South, Range 25 East, Collier County, Florida. (See location map on page 2) 3.A.a Packet Pg. 4 Attachment: Twin Eagles Beach Staff Report Draft (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Page 2 of 8 Twin Eagles Beach and Bay Club CU-PL20210001683 February 23, 2022 3.A.a Packet Pg. 5 Attachment: Twin Eagles Beach Staff Report Draft (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Page 3 of 8 Twin Eagles Beach and Bay Club CU-PL20210001683 February 23, 2022 3.A.a Packet Pg. 6 Attachment: Twin Eagles Beach Staff Report Draft (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Page 4 of 8 Twin Eagles Beach and Bay Club CU-PL20210001683 February 23, 2022 PURPOSE/DESCRIPTION OF PROJECT: The original resolution for a private club was approved in Conditional Use Resolution 98-234 and the building was developed along with Site Development Plan 98-119. A new conditional use was issued for the site, in 2000, because the first conditional use limited the membership to only Twin Eagles Golf and Country Club Development members and ownership was changing. The revised conditional use allowed membership to be available to others. The new Conditional Use was amended and approved in Resolution 2000-300. Copy of Resolution 1998-234 is found in Attachment C and Resolution 200-300 is found in Attachment D. Since then, the applicant has made some minor changes to the site including adding a boat dock on the lagoon side. An updated Master plan has been provided to show any improvements that have been made since the Resolution in 2000. (Please see page 3 of this document) The petitioner seeks a modification to amend the conditions of approval numbers 4 and 5 of the existing resolution, and environmental staff requested the addition of condition number 16, as listed below: 4. The maximum number of people which may be on in the premises building at any one time shall be limited to 112 persons. 5. The facilities shall be open only between the hours of 8:00 a.m. and sunset remain open until the later of (a) 30 minutes after sunset, or (b) 9:00 p.m. (10:00 p.m. during special events). The snack bar must close at that time and use of the pool and other facilities must cease. All users must depart the facility within 30 minutes after sunset the allotted closing time. The petitioner shall be responsible for strictly enforcing the hours. The only exceptions authorized are as follows: (a) Overnight guests and/or resident managers in the living units may use those units. (b) There can be as many as six special events each year in which the facility may be open until 10:00 p.m. The maximum number of people which may be on in the premises building at any one time shall be limited to 112 persons Two (2) weeks prior to each event, notice shall be delivered to the property managers or other owner representatives of the adjacent properties of the date of each special event. 16. Lighting, windows, and doors must comply with Land Development Code 3.04.02 B regarding sea turtle protection, specifically visible light and window transmittance values of 45% or less. For the entire list of conditions please see Attachment A: List of Conditions. The petitioner is requesting these changes because some of the neighbors from the north property are members of the private club and keeping a total count for the number on-premises is difficult, and the changes to the hours of operation will let the private club operate with less variability regarding closing time. 3.A.a Packet Pg. 7 Attachment: Twin Eagles Beach Staff Report Draft (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Page 5 of 8 Twin Eagles Beach and Bay Club CU-PL20210001683 February 23, 2022 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property, which is developed and within a Residential Tourist (RT) Zoning District within the Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO) North: Developed land with a multifamily residential development with a zoning designation of Residential Tourist (RT) District with the Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO) East: Vanderbilt Lagoon South: Developed land with a timeshare/ hotel with a zoning designation of Residential Tourist (RT) District with the Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO) West: Gulf of Mexico Subject Property 3.A.a Packet Pg. 8 Attachment: Twin Eagles Beach Staff Report Draft (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Page 6 of 8 Twin Eagles Beach and Bay Club CU-PL20210001683 February 23, 2022 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element (FLUE): The subject site is designated in the FLUE as Mixed-Use District in the Urban Residential Subdistrict. The proposed use is consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: The Transportation Services Division has reviewed this petition and has determined based on the Conditional Use (CU) request and the TIS waiver provided the proposed changes will have no net increase or decrease in the number of trips generated by this development. Based on the revised CU and TIS Waiver, the subject petition can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan because there are no additional traffic impacts resulting from the proposed changes. Transportation Review: Transportation Planning staff has reviewed the petition request and is recommending approval. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site is .99 acres and consists of Twin Eagles Beach and Bay Club. Environmental Review: Environmental Services staff has reviewed the conditional use petition to address environmental concerns. The property has been historically developed and maintained in accordance with Site Development Plan (SDP 98-119). No minimum preservation is required, and no sensitive habitat will be impacted by the proposed petition. The proximity of the property adjacent to the Gulf of Mexico will require future changes to any seaward lighting/windows to meet sea turtle protection standards per LDC 3.04.02.B (Attachment A Condition 16). Environmental Services staff recommends approval of the proposed petition. Landscape Review: The existing, previously approved perimeter landscape buffers are noted on the Master Plan. STAFF ANALYSIS: Conditional Use approval must be based on evaluation and findings outlined in LDC Section 10.08.00.D that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.03.03.E.1.c.5 of the LDC permits conditional uses in the Residential Tourist (RT) Zoning District. The requested use for a private club is allowed as a conditional use in the Residential Tourist (RT) Zoning District and well as Section 2.03.07.L.5.c.v in the Vanderbilt Beach Residential 3.A.a Packet Pg. 9 Attachment: Twin Eagles Beach Staff Report Draft (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Page 7 of 8 Twin Eagles Beach and Bay Club CU-PL20210001683 February 23, 2022 Tourist Overlay Zoning District subject to the standards and procedures established in LDC section 10.08.00 - Conditional Use Procedures. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the GMP and, with the conditions proposed by staff, this project will comply with the applicable provisions of the LDC. 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the subject property will be limited to the access points on Gulf Shore Drive as shown on the master site plan. The site has limited parking and has no plans to expand the parking. Members of the club use a shuttle service from the Dunes that leaves on the hour from the Dunes and leaves the club on the half-hour or walk to the site. The schedule will not change with the proposed changes to the conditions. Since this site has been developed pedestrian connection between both sides of Gulf Shore Drive has already been established. No TIS was provided for this request. 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The facility has taken steps to ensure that the additional hours of operations they are requesting will minimize any negative effects on the adjacent neighbors. On the site today exists a concrete perimeter wall as well as landscape buffer to the north and south property lines, these will help reduce any noise and glare to the neighboring structures. In regards to odor, the kitchen facilities are located indoors. There should be no negative economic impacts on neighboring properties. 5. Compatibility with adjacent properties and other property in the district. The private club has been in existence for over 20 years and the modifications do not change the use of the private club. The private club is compatible with the hotel /timeshare to the south and the multistory condominium to the north Based on the above findings, the revised conditions are recommended for approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2 -1193 of the Collier County Codes of Laws and Ordinances. 3.A.a Packet Pg. 10 Attachment: Twin Eagles Beach Staff Report Draft (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Page 8 of 8 Twin Eagles Beach and Bay Club CU-PL20210001683 February 23, 2022 NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was held on November 29, 2021, at the DoubleTree Hotel Conference Room, 12200 Tamiami Trail North, Naples, Florida. There were four attendees, all in-person and none via zoom. Only one question was asked regarding the hotel rooms on the bayside of the property, no commitments were made. For further information, please see Attachment F: Backup Materials. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve CU-PL20210001683, to amend conditions 4 and 5 of Resolution No. 2000-300, subject to the new list of conditions provided in Attachment A-List of Conditions. Attachments: A. List of Conditions B. Master Site Plan C. Resolution 1998-234 D. Resolution 200-300 E. Sign Posting F. Backup Material 3.A.a Packet Pg. 11 Attachment: Twin Eagles Beach Staff Report Draft (21296 : PL20210001683 Twin Eagles Beach Conditional Use) EXHIBIT D  Twin Eagles Beach and Bay Club PL20210001683  1 OF  2  Words underlined are added, Words struck through are deleted. Last Revised 1‐26‐22  Subject to the following Conditions:  1. The Planning Services Department Director may approve minor changes in the location, sighting, or height of  buildings, structures, and improvements authorized by the Conditional Use. Expansion of the uses identified and  approved within this conditional use application, or major changes to the site plan submitted as part of this  application, shall require the submittal of a new conditional use application, and shall comply with all applicable  County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review, of the  Collier County Land Development Code (Ordinance No. 91‐102).  2. This approval authorizes only construction of the facilities shown on the Master Plan. The facilities shall be  constructed in substantial conformance to the Master Plan with only minor deviations to accommodate the  construction process.  3. The Petitioner intends, and will, operate this facility in a reasonable manner so that it will not have an  unreasonable adverse impact on adjacent residential properties.  4. The maximum number of people which may be on in the premises building at any one time shall be limited to 112   persons.  5. The facilities shall be open only between the hours of 8:00 a.m. and sunset remain open until the later of (a) 30  minutes after sunset, or (b) 9:00 p.m. (10:00 p.m. during special events).  The snack bar must close at that time  and use of the pool and other facilities must cease. All users must depart the facility within 30 minutes after  sunset the allotted closing time. The petitioner shall be responsible for strictly enforcing the hours. The only  exceptions authorized are as follows:   (a) Overnight guests and/or resident managers in the living units may use those units.  (b) There can be as many as six special events each year in which the facility may be open until 10:00 p.m. The  maximum number of people which may be on in the premises building at any one time shall be limited to 112  persons Two (2) weeks prior to each event, notice shall be delivered to the property managers or other owner  representatives of the adjacent properties of the date of each special event.  6. The facility will have on‐site management during all hours that it is open and such management will also remain  on site after closing to ensure that those actions that need to be taken at the end of each operating day to be in  conformance with these stipulations are, in fact, done. In addition, the Petitioner will provide to the condominium  manager of the adjoining condominiums the name and phone number of a responsible person within the  Petitioner's organization who can respond to problems or emergencies at the site during nonoperating hours.  7. Food service will be limited to a sandwich/grill type operating. Cooking facilities will have proper odor scrubbing  exhaust equipment. This will not apply to barbecue‐type cookers that may be used at the special events described  above.  8. Trash and garbage receptacles will be enclosed and will be removed from the beach‐side facilities at the close of  each operating day.  9. The roofs of any buildings on the site, and the pool deck, will be of a non‐glare material in a muted color.  10. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than  15 feet in height and shall be of a material and color compatible with the design of the facility.  3.A.b Packet Pg. 12 Attachment: A List of Conditions (21296 : PL20210001683 Twin Eagles Beach Conditional Use) EXHIBIT D  Twin Eagles Beach and Bay Club PL20210001683  2 OF  2  Words underlined are added, Words struck through are deleted. Last Revised 1‐26‐22  11. Parking areas will be utilized only by authorized users of the facility, and (on the beachside) will have devices to  prevent ingress and egress to the parking area during non‐operating hours.  12. Beach chairs, umbrellas, cabanas, and similar devices supplied by the club shall only be used on the beach in front  of the club, defined as the beach area within the area enclosed by the property lines of the club, extended to the  edge of the water.  13. There shall be no personal watercraft or personal sailboats (Hobie Cats and the like) allowed on the beach side.  14. Docks in connection with access via the Vanderbilt lagoon may not be used for the berthing or mooring of boats in  excess of forty‐eight (48) hours.  15. The site shall be developed in accordance with the Site Development Plan, SOP 98‐119, approved September 16,  1998. Any amendments to the site plan other than minor changes as defined in stipulation #I of Exhibit D of this  Resolution, shall require a new Conditional Use approval.  16. Lighting, windows, and doors must comply with Land Development Code 3.04.02 B regarding sea turtle protection,  specifically visible light and window transmittance values of 45% or less.    3.A.b Packet Pg. 13 Attachment: A List of Conditions (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.c Packet Pg. 14 Attachment: B Master Site Plan (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 13A 1 RESOLUTION 98- 23' A RESOLUTION PROV I DI1IG FOR THe ESTABLISHf-lENT OF PRIVATE CLUB CONDITIONAL USr. "S" IN THE T" ZOIlIllG DISTRICT PURSUAllT TO SECTIotJ 2. P, . 1 0F TilE r:or.[. r ~:p COUtlT"( LMW uE'/ELOPI~ENT coot:. FOR PROPERTf LOCATED IN SECTIon 32, TO'fiNSHIP 48 SOUTH, RANGE 2S EAST, COLLIER COUIIT'!, FLORI DA. HE?EA~, :~~ L~gislatur~ of the Stat~ 8f florida in Chapter 67-12t,~, l..:t.....s of Florida, and Chapt~[ 12~. florida Statutes, has conferr~"'J ...,:-~ r::011i~r (:')l..lnt'j ':h~ V""',r to') r~:jt,;jblish. coordinrJte and enforce zo~i~g dnd such busi~ess reg~ldtions as are necessary for the protection 0E the public: and HEREAS. the County pursuant thereto has adopted a Land Develop::"l'O!nt (':ode (Ordir.ance r;o. 'jl-l()21 \<"'hi:::h i~clud'.!s d Ccmpr~hA~si~~ ZQning Ordinan~~ est~tlishi~~ r~l~latiQns for ~he zoninr:; o~ t::n.~ticular geographio:.: di';isions -:: t!ie (:ounty. among ....'hich is t~e qrdn~ing of Conditior.al Uses; a~d mS:U:hS, the Colli,=r C;Jur.ty P:unning r;cx:unission, b~ing the duly appoint~d dnd co~stituted planning baard for the ~rea hereby affec~ed, h~5 held ~ public hCdri~~ after noti~e as in said regulati~~s made and p:~vided. a~d ~dS cons~de:ed i.~p an'lis~bility of CO~ldi::iC:Li'l1 ~)se "5" af S,=ctiCil 2.2.>:.3 in an ";';T" z('"Jn'~ f0r d privat.e club Oil the property hereir.afto::oc "::!:;;cribed, .;1:~:::I has found ,)s a. matter of fae: iE:xhibit "An) that s3.tis!ac:.'):,y pr:Y:~s:.on <ilnd urran'Jerr.ent have bee~ made concerni~g all ~pp:~~~ble ~~tters required by sa.id regul/l:::>:l.S a:-ld in a:::cordance with :~,;bsectio:-I :'.7..;..; -",: '_h", L.1nd DeveI0p~~nt Code for th~ Collier C~unty Planning ~0~~issi'~r,; and WHEREAS, all inter~sted pdrties have be~n ~iv~rl Gpp"!tll!llty to be heard by this Board in a public meeting assembled und the BOdrd hav:ng considered all matters presented. flO'tl, THEREfORE BE IT RESOLVED, BY THE BOARD Of ZONING APPEALS of ColliJ"!" ">Jurj':y, Florida that: 1- 3.A.d Packet Pg. 15 Attachment: C Resolution 1998-234 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Th . [,:,.ition filed by Chzi~top,h,;r O. Wri.:ht p L. o! RWA, Inc., represen~ ir,-~ Twin Eagles Development Company, LTD with ~espect to the proper:',,' ?..:.reinafter d_scr,b_j as: 2" which is attached hereto ,~nJ inccr~orated byherein be and the 7]r.e is hereby approved for Conditionai Use "5" of Section 2.2.8.3 .~.f the "PT" zoning disLri,::. !or a private club in accordance with the Conceptual Master Plan (Exhibit "q", .~nd su?,j,:ct to the followin? ccnJitions: The Planning 6 Technical Services Manager may approverlnsrchangesinthelocation, hiring, or h,~i,jht o! r_u:-dings, structures, and improvements authorized byheconditionaluse. Expansion of the use:~ id,~ntL~ied r.~ approved within this conditional use application, r rajor changes %o the site plan s'th~tltte'~ ds part of this application, shall re~ulre the r~ubm:zta[ of a new tr. Ji:ionai use application, and shall comply with all iicable County ordinance:- in elf .... a- 'he tim,t of a:r. lttal, inciudin~ 2'i'.'is: n 3.], .Fire le'.'elepmentFianReviewandApproval, :; the t':,liler 'iquntty Land e'.'eiopmenz Code (Ordinan~.: ::o. ~l-ili. . approval authorizc, s '~''':' 'const r'.c'.ion .t *i~e ilicies shown on ~he Master }ian. The facilities shall be ccnstructed in substantial rDnformance to the Master ~[,~n with only mini-ir r~e'.'iations to accomm, odate the constr ;rtlcn ~rocess. The facilities shall operate ~-.~.. as an amenity ~o che 7win Eagles Golf and Count:). Clu:. Le'.'ei-~.ment, for use l:,' by members and guest.,; ~.f the Petitioner intends, and will, operate this [aciiityreasonablemannersoth,~t it will n<.t have nreasonable adverse impact on adJ= .... t residen[ial rzperties. acz,ztz_s shall be oper, only between 8:CO AM and The 'su ...... snack oar must close at that time and useofthe [ool and other facilities must cease. All users must depart the facility within 30 minutes after sunset. Petitioner shali ~e responsible for strictly r~l,.C these hours. Tr.<- only o:-:c~:~tlons authorized are as follows: Overnight guests ant/ir resident manager in tile lying units mai· use 'hose units. There can be as many as six events each year in which the facility may ~e open until 10:00PM. The maximum number of people which may be on the premises at any one time shall be limited to 112 persons. Two (2) weeks prior to each event notice shall be delivered to the property managers or other owner representatives of the adjacent properties of the date of each event. 2- 3.A.d Packet Pg. 16 Attachment: C Resolution 1998-234 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 7he facility will h.ave on-site management during all hours that it is open ret. sin on-site after cicsing to ensure that those 5peratlng day to F~e in conformance with these stipulations are, in fact, done. In addition, the Petitioner will pro'lido t~ the c,~nd~minium r~anaqer of the adjoining conOomlniums the name and phone number of a responsible person within Petitioner's crqanlzation who can respond tc problems or emergencies at the site during non-operating hours. Food ger';ice will be limited to a s~r, dwich/grii! type operation. Cooking facilities will have proper odor scrubbing exhaust equipment. This will not apply to barbecue-type cookers that may ke u~ed at the special events descrlzed Trash and garbage ~= ~ ~cep~a_~es will be enclosed and will be removed from the beach-~ide facilities at the close of each operating day. 9. The roofs of any buildings on the site, and the pool deck, will be of a non-glare material in a muted color. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than !5 feet in height and shall be of a material and color compatible with the design of the facility. ii. ?arking areas will be utilized only by authorized users cf the facility, and (on the beach-side) will have evices to prevent ingress and egress to the parking area during non-operating hours. 12. Beach chairs, umbrellas, cabanas, and similar devices g~plied by the club shall only be used on the beach in Jr2nt of the club, defined as the Seach area within the area enclosed by the prcFerty lines of the club, tended to the edge of th~. water. shall be no personal ,,:atercra:~'. qr per:~onal leoats (Hcbie Cats and ~he like], allowed on the side. lzz~:s in connection with access via the Vanderbilt au-.on may not be used c. the b~r'hi~ or mooring of c>ats In excess of ~ ' FURTHER RESOLVED that this Resolution be recorded in the minutes _f this Board. 3- 3.A.d Packet Pg. 17 Attachment: C Resolution 1998-234 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) This Resolution adopted after motion, second and majority vote. Done ~his .~/-,~ day of )'~-~..e./ , 1998. Attest as to Chal~an's signature ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marj.6rie !.i. Stud_hr Assistant Count}, Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BARBARA B. BEPRY, Chairman 4- 3.A.d Packet Pg. 18 Attachment: C Resolution 1998-234 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDiTiONAL USE PETITION FOR CU- 98-7 The following facts are found: Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Ao Consistency with the Land Development Code and Growth Management ~ Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acc%ss in case of fire or catastrophe: Adequate ingress egr_.e. ss Yes C.-'- No C. Affects neighboring properties in relation to noise,glare, ~c~mic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes Based on the above findings, this conditional us with approvalstipulations,/{ ~' ~, cody/attached) ( should/~ . . no t ) b/~~~o me--~--~-a"~- f o r f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" 3.A.d Packet Pg. 19 Attachment: C Resolution 1998-234 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) FI~ING OF FACT BY COLLIER CO.STY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The =ol!owing facts are found: Section 2.2.8.3.5 of the Land Development Code authorizedtheconditionaluse. o Granting the conditional use will not adversely affect thepublicinterestandwillnotadverselyaffectotherpropertyorusesinthesamedistrictorneighborhoodbecauseof: io Consistency with :he Land Development Code and Growth Management P~an:Yes ~-- No B. Ingress and egress to property and proposedstructuresthereonwithparticularreference to automotive and pedestrian safety and convenience,traffic flow and control, and acc%ss in case of fire orcatastrophe: Adequate ingress & e~ess Yes V No C. Affects neighboring properties in relation to noise,glare, ec/~omic or odor effects: No affect or Affect mitigated by Affect cannot be miti_uated D. Compatibility with adjacent properties and other property in the district: Compatible use 3~ithin district Yes .. ~/ No Based on the above findings, this conditional use should~ withstipulations (copy attached) L_~ ....... be recommen~e~ forapproval ~ 2. ~/~~x___~DATE: /~ ~F ~/ ~'f' MEMBER: 3.A.d Packet Pg. 20 Attachment: C Resolution 1998-234 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The folicwing facts are found: Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and wii~ not adversely affect other property cr uses in the same district or neighborhood because of: Ao Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acc%ss in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~<~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~ be ×recommended fo~approval //-' '- A //~'/ f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" 3.A.d Packet Pg. 21 Attachment: C Resolution 1998-234 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) FINDING OF FACT BY COLLIER COUNTY PLAN~ING COMiMISSiON FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: 2onsistency with the Land Ceveicpment Code and Growth Management Plan: Yes I./ No B. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acc%ss in case of fire or catastrophe: Adequate ingress & egress Yes /~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval f/CU-98-7 FIelDING OF FACT MEMBER/ Exhibit "~" 3.A.d Packet Pg. 22 Attachment: C Resolution 1998-234 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) FINDING OF FACT BY COLLIER COUNTY PLA~ING CGMMISSiCN FOR A CONDITIONAL USE PETITION FOR CU- 98-7 The following facts are found: Sectlon 2.2.8.3.5 of the Land Development Code authorizedtheconditionaluse. 2. Granting the conditional use will not adversely affect thepublicinterestandwlllnotadverselyaffectotherproper~yorusesinthesamedistrictornei?hborhocd because of: A.Conslstency with the Land Deveicpmen~ Code andGrowthManagementPlan: Ye s z No B. Ingress and egress to property and proposedstructuresthereonwithparticularreference toautomotiveandpedestriansafetyandconvenience,traffic flow and control, and acc%ss in case of fire orcatastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise,glare, economlc or odor effects: NO affect or Affect mitigated byAffectc~'nnot~ be mitigated D. Compatibility with adjacent properties and otherpropertyinthedistrict: Compatible use within distr:ct Yes No Based on the above findings, this conditional use should, withstipulations, (copy attached)~onot) be recommended forapproval DATE: f/CU-98-7 FINDING OF FACT MEMBER/ Exhibit "A" 3.A.d Packet Pg. 23 Attachment: C Resolution 1998-234 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-7 The following facts are found: Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. Granting the conditional Use will not adversely affect the public interest and will not adversely affect other property or uses in the same district cr neighborhood because of: A. Consistency with the Land Deveiopmen~. Code and Growth Management Plan: / Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres~ & egress Yes ~/ No C. Affects neighboring properties in relation to noise, glare, ecoj~omic or odor effects: u~- No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use w~thi~/district Yes ~-' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (s~) be recommended for DATE: ap proval'~/~/ ~ RMAN~~CHAI ~ f/CU-98-7 FINDING OF FACT CHAIRMAN/ Exhibit "A" 3.A.d Packet Pg. 24 Attachment: C Resolution 1998-234 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) t( , ' ' ,l~l~tl;" ' · 2,.-i- :.'41~""'- . A TE~T ~ P~ or ~ND ~O ~N THE STA~,t~OR~'.~~-COLLIER.,' L~l~ itl SECTION 52, TOWNSH~ ~ SOU~. ~NG[~.~T. BEl~ ~T ~, BL~K I. THE PIORTH ~E ~ ~ LOT 11;,~ B ~ND ~[ S~[ ~ OF ~T;,12, BLC~K CC. HH[R'S VAHOERBILT B~CH. SU~IVISIOH. P~T~E.E-, 5, PAGES 8 ~ g, CgLUER COIJN~ PUBLIC RECORDS, AND. BEING FURTHER ~OA~ DESCRIB[O'.'~ FOLLOWSt COUuEHC~NG AT A ~LROAD SP~E U~s'(~;G THE I~TI~ OF T~.~E~Ut~E OF GULF ~HOEE DR~vE (70.00 KE~.W)DE) N4D lHE NO~:RI~T OF WAY L~'OF COUN~ ROAD NO. 5-862 ~ANDERBILT B~CH ROAD - 100.~t~ m~),. AS' S~N ON RECORD ~T OF CONNER'S VAN~RBILT ~E~CH SU~QN, ~D I~~ON LY~' N.80'09'~5~. A~ 36.78 FE~ FROM THE 50UrHWEST;.'~NEE OF LOT 1, ~D BLOCK CONNEP'_~ VANOER~LT REACH SUBD~0~, IHENCE' ~05'05'W. CEHTERL~NE OK GULF SNO~E DRY, FOR ~)~5.32 E[~;' THENCE N.81'~5'E., FOE 55 gO FED l0 THE POINT OF BEGINNING OK THE ~ST.'~EL (SNO N~H ONE HAL~' OF LOT t,, BLOCK B ~D THE SOUiH ONE H~L~ CF LO~),)2, BL~K B); TH[~[ N.8~'~6'55"E. FOR 200.00 FEET; THENCE N08'03'05~,.~NG THE ~T LI~ 0F BLOCK B, FOP 1gO.OD FEET; THEHCE ~ ~1'56'55~[,' FOR 200.~ F~; IHFHCE S 08'05'05"E. ALONG THE EAST R~HT OF wA~' LINE ..OF ~O GULF S~-DR~E, FOR I~ O0 FEET FO T~ POINT OF BEGINNING OF ~O ~j..PARCEL, .~",',~. CCUU[HC~HG AT SAID POIN[ OF BEGINNing CF tHE E~C~' T~E $'~1'56'55~ ACROSS ?ID GULF SHORE DRN[, FOR' 70.00 FEEl THE~ OF '8E~"~F THE WES'T. P~RCEL (~lb LO[ 13, BL~K A): ~HENC[ N OS'O3'OS~;'~ONG IHE.~T R~I OF WAY . L~E OF '3A~D 5bLF SHORE DRi~,' FOR ~ FE~;~ S.81'~'~..':~ONG IRE '. NORTH Lf~E OF ~10 LOT ~3. BL~K A, FOR 354.7 F~'~0 ~E M~H~;.WATER LINE'; OF IHS GULF OF MEXICO: THENCE' SOUTHERL3 ALONG~M~N H~'.WAT~ UNE FOR' S~.2 FEET. MORE ~ LESS TO ~ ~ERSECTION WlT~.~.~OUTH UNE~.,~D LOT 15, 8EADI~G ~ EV56'55~. FROM lite POINI C,F 9EGINNI~ T~NCE N~r55t~'E. ALOHG SAiO SOUIH ~[. FOR 529 2 FE~, MORE F)D ~ESS, T~.~O[N3 ~.'8EG~G OF THE wEsr , CEL .; '., -' PAFCEL5 COMBINED. CONTAPi 53195 'SOUAPE F[~ OR.~,22~RES, .~RE-.~' LESS. WEST ~A~CEL CONTNNS 33196 S~[ FEfr O~ 0.~~'," MOR~ OR Exhibit "B" 3.A.d Packet Pg. 25 Attachment: C Resolution 1998-234 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) I 3.A.d Packet Pg. 26 Attachment: C Resolution 1998-234 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 13 A6 RESOLUTION 2000- 300 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRIV ATE CLUB CONDITIONAL USE "5" IN THE "RT" ZONING DISTRICT PURSUANT TO SECTION 2.2.8.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "5" of Section 2.2.8.3 in an "RT" Zone for a private club on the property hereinafter described, and has found as a matter of fact (Exhibit" A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Richard C. Grant of Grant, Fridkin, Pearson, Athan & Crown, P.A., representing Signature Communities, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "5" of Section 2.2.8.3 of the "RT" Zoning District for a private club in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. 1- 3.A.e Packet Pg. 27 Attachment: D Resolution 2000-300 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 13 A6 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ;2 a.. day of .~ ,2000. BOARD OF ZONING APPEALS COLLIER COUNT A N A~ttst IS to Chlf~an'ss91lature?n 11. A:rrnST:' DWIGHTE. 'BROCK, Clerk i t-;.4~~~~ ~Jv 4?e. Approvedas to Form and Legal Sufficiency: L L.. lh..(Ju, J q~ Marjo M. Student, Assistant County Attoney gladminlCU.2QOO-l0I RESOLUTION/SMlim 2- 3.A.e Packet Pg. 28 Attachment: D Resolution 2000-300 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 13A6 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CD-2000-10 The following facts are found: 1. Section 2.2.8.3.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Pl~: Yes t/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ss Yes ,,/ No C. Affects neighboring properties in relation to noise, glareyeconomic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w~n district Yes ,,/ No Based on the above findings, this conditional use,ah: ld, with stipulations, (copy attached) (~ nut:.) be re;( omm ded for approval C" !( . .- ~ / L'CHA{~A" L- ,/ DATE: c:;."'1- I? ;;/10 (! MEM~E1(..s. __-(.<" L)~ 7 ./ ' I gladmin/CU-2000-10/FINDING OF FACT MEMBERlSM/im 3.A.e Packet Pg. 29 Attachment: D Resolution 2000-300 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 13 A6 Exhibit B CU-2000-10 LEGAL DESCRIPTION A parcel of land located on the Gulf of Mexico and on Vanderbilt Lagoon containing approximately 1.1 acres of land consisting of all that real property that comprised the former V ANDERBIL T V AcA TION VILLAS, a condominium, according to the Declaration of Condominium recorded in Official Records Book 985, at Page 794, of the public records ofeollier County, Florida, as amended. r\darolwd _""'IIoir;natw\lwinel8l......dilioMl.....'opl.do<: 3.A.e Packet Pg. 30 Attachment: D Resolution 2000-300 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) EXHIBIT "e" SVNSCl 8A'r CO~DOwI\ltU.. lO/ltING; fll II II II r:c_.,-'~j II 00 o II _. II ...- II c" \,..-- , JIll CVlr POINT'( cOHDOIolNVIlIl ZOHl"C~ '" SUNSEJ lAy CONOCHMNaI.. lOMNC: A1 t--- !_-~_~==_n.........., I~~f-:: .: I 'i == - --H r:'~~A~ I ,. !l' 0 I f---'" - i- r----..:---. J-----------~ I ~ ~ ; l .1 'ii" ~:;--._------~ : I : i ~ [. u.. J I -E!~. :-rr..u--..: i I W,' · f----- ___..L_+_LJ L : I : ~ : ! ~----_..--------- I ! ~ i ; 1____.. '--', == i, ' : r l~j=_~l=l=L_=l~;;=:. t..:'.... i SllJ'SAL110 or HAPln COHOOWIMU" lONlf1lc: lItT 13 A6 i I 3.A.e Packet Pg. 31 Attachment: D Resolution 2000-300 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 13 A6 Page 1 of 2 Exhibit D Subject to the following Conditions: 1. The Planning Services Department Director may approve minor changes in the location, sighting, or height of buildings, structures, and improvements authorized by the Conditional Use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review, of the Collier County Land Development Code (Ordinance No. 91-102). 2. This approval authorizes only construction of the facilities shown on the Master Plan. The facilities shall be constructed in substantial conformance to the Master Plan with only minor deviations to accommodate the construction process. 3. The Petitioner intends, and will, operate this facility in a reasonable manner so that it will not have an unreasonable adverse impact on adjacent residential properties. 4. The maximum number of people which may be on the premises at anyone time shall be limited to 112 persons. 5. The facilities shall be open only between the hours of8:00 a.m. and sunset. The snack bar must close at that time and use of the pool and other facilities must cease. All users must depart the facility within 30 minutes after sunset. The petitioner shall be responsible for strictly enforcing the hours. The only exceptions authorized are as follows: a) Overnight guests and/or resident managers in the living units may use those units. b) There can be as many as six events each year in which the facility may be open until 10:00 p.m. The maximum number of people which may be on the premises at anyone time shall be limited to 112 persons. Two (2) weeks prior to each event, notice shall be delivered to the property managers or other owner representatives of the adjacent properties of the date of each event. 6. The facility will have on-site management during all hours that it is open and such management will also remain on site after closing to ensure that those actions that need to be taken at the end of each operating day to be in conformance with these stipulations are, in fact, done. In addition, the Petitioner will provide to the condominium manager of the adjoining condominiums the name and phone number of a responsible person within the Petitioner's organization who can respond to problems or emergencies at the site during non- operating hours. 3.A.e Packet Pg. 32 Attachment: D Resolution 2000-300 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 13A6 Exhibit D Page 2 of 2 7. Food service will be limited to a sandwich/grill type operating. Cooking facilities will have proper odor scrubbing exhaust equipment. This will not apply to barbecue-type cookers that may be used at the special events described above. 8. Trash and garbage receptacles will be enclosed and will be removed from the beach-side facilities at the close of each operating day. 9. The roofs of any buildings on the site, and the pool deck, will be of a non-glare material in a muted color. 10. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than 15 feet in height and shall be of a material and color compatible with the design of the facility. 11. Parking areas will be utilized only by authorized users of the facility, and (on the beach- side) will have devices to prevent ingress and egress to the parking area during non-operating hours. 12. Beach chairs, umbrellas, cabanas, and similar devices supplied by the club shall only be used on the beach in front of the club, defined as the beach area within the area enclosed by the property lines of the club, extended to the edge of the water. 13. There shall be no personal watercraft or personal sailboats (Hobie Cats and the like) allowed on the beach side. 14. Docks in connection with access via the Vanderbilt lagoon may not be used for the berthing or mooring of boats in excess of forty-eight (48) hours. 15. The site shall be developed in accordance with the Site Development Plan, SDP 98-119, approved September 16, 1998. Any amendments to the site plan other than minor changes as defined in stipulation #1 of Exhibit D of this Resolution, shall require a new Conditional Use approval. 3.A.e Packet Pg. 33 Attachment: D Resolution 2000-300 (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 1 CastroGabriela From:CastroGabriela Sent:Tuesday, March 01, 2022 2:35 PM To:CastroGabriela Subject:PL20210001683 Twin Eagles Beach Club Sign Posting Attachments:sign posting 4.pdf; sign posting 3.pdf; sign posting 2.pdf; Sign posting 1.pdf Signs were posted on Tuesday, March 1st around 11:30 am. Respectfully, Gabriela Castro, AICP Principal Planner Zoning Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239-252-4211 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3.A.f Packet Pg. 34 Attachment: E Sign posting (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.f Packet Pg. 35 Attachment: E Sign posting (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.f Packet Pg. 36 Attachment: E Sign posting (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.f Packet Pg. 37 Attachment: E Sign posting (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.f Packet Pg. 38 Attachment: E Sign posting (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Created May 11, 2017                    Provide to Agents      G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides  CPC PACKAGE CHECKLIST FOR APPLICANTS/AGENTS  Return this form with printed materials  (FOR PUDS)  Please check each item as a method for tracking that all required data is included in the printed packets of  information for the Collier County Planning Commission Board Members.  DO NOT INCLUDE A COPY OF THE FINAL PUD ORDINANCE. COUNTY ATTORNEY INCLUDES THIS IN THE  ORDINANCE. DO NOT PROVIDE DUPLICATES OF ANY DOCUMENTS ONLY THE LATEST, ACCEPTED/APPROVED  COPY OF THE BELOW DOCUMENTATION.  Backup provided by Applicant:   Include a one pdf file for all documents in the same order as the packets are put together. They must     be in the same order.    ____ Application      ____ Narrative of rezone request      ____ Property Information      ____ Property Ownership and general description of site    ____ Disclosure of Interest    ____ Affidavit of Unified Control    ____ Affidavit of Representation     ____ NIM Information (Sign in sheet, notes, minutes and/or summary)    ____ Traffic Impact Study (TIS)    ____ Environmental Data    ____ Historical/Archeological Survey or Waiver    ____ Utility Letter    ____ Deviation Justifications    ____ Boundary Survey  ____ PUD Ordinance (the *last submitted Ordinance with strikethrough – color preferred)    ____ Other documents, as needed, on a case‐by‐case basis such as relevant   prior Ordinances, Conditional Uses, historical documents, any “private   or legal” agreements affecting the PUD etc.     __X_ 3 thumbnail drives of audio and/or video of Neighborhood Information Meeting  I understand that by submitting the above materials, it is the agent/applicant’s responsibility to ensure all  materials are in the same order for all copies of backup materials to provide to the CCPC and the CD must contain  the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent’s  responsibility to ensure no documentation is left out.   ________________________________________      ____________________  Signature of Agent Representative     Date  ________________________________________  Printed Name of Signing Agent Representative          3.A.g Packet Pg. 39 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 1 of 12 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 & Code of Laws section 2-83 – 2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME DATE PROCESSED A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER 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(s): _____________________________________________________________ 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 3.A.g Packet Pg. 40 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 2 of 12 ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: ____________________________ Plat Book: _______ Page #: _______ Section/Township/Range: _______ /_______ /_______ Subdivision: __________________________________________Lot: ________ Block: ________ Metes & Bounds Description: _____________________________________________________ Size of Property: _____ft. X ______ ft. = _______ Total Sq. Ft. Acres: _____________ Address/ General Location of Subject Property: ______________________________________________________________________________ ______________________________________________________________________________ 3.A.g Packet Pg. 41 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 3 of 12 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: / / Lot: Block: Subdivision: __________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________ Metes & Bounds Description: ________________________________________________ CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the _______________________ zoning district for _______________________ (type of use). Present Use of the Property: __________________________________________ 3.A.g Packet Pg. 42 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 4 of 12 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff’s recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site’s and the proposed use’s compatibility with adjacent properties and o ther properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? _____________________________________________________________________________________ _____________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? No Yes (If yes please provide copies.) 3.A.g Packet Pg. 43 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Evaluation Criteria Twin Eagles Beach and Bay Club Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. Response: This request for modification to an existing Conditional Use (2000‐10 / Resolution 2000‐300) within the Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO). The existing Conditional Use was approved September 12, 2000, granting the use of a Private Club under the then zoning of Residential Tourist (RT). The Collier County Planning Commission concluded thru the “Finding of Fact” that the petition was deemed consistent with the provisions of the Land Development Code and the Growth Management Plan. The subsequent 2002 zoning overlay change to Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO) did not affect the Private Club as an allowable use. The LDC states “The purpose and intent of this district is to encourage development and redevelopment of the Vanderbilt Beach area to be sensitive to the scale, compatibility and sense of place that exists in the Vanderbilt Beach area. This district is intended to: establish development standards which will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and prevent the creation of a canyon‐like effect on each side of the narrow Gulfshore Drive.” The club is a single‐story structure adjacent to a two story over parking on the south and six stories over parking to the north. Therefore, presuming compliance and/or consistency with purpose and intent of Section 2.03.07.L. of the LDC, the requested Conditional Uses would be deemed to be consistent with the Collier County Land Development Code and Growth Management Plan. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Response: This is a developed site. The ingress and egress already exist from Gulf Shore Boulevard. The site provides safe and convenient automotive and pedestrian access. Most of the members are transported to and from the club via a shuttle limiting vehicle trips. Since the guest suites are located on east side of the road, the driveways are aligned and there is a pedestrian crosswalk. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. Response: This request seeks to change the existing sliding closing time (30 minutes after sunset) to be a year‐round consistent time of 9:00 p.m. Our facility has been able to successfully integrate building modifications and operations to minimize any negative effect on the adjacent residential. There is a concrete perimeter wall as well as a maintained landscape buffer adjacent to the residential zoned properties to the north and south. The kitchen facilities are located indoors to minimize any odors. In terms of economic impacts, approval of this CU will not have a negative impact on neighboring properties. 3.A.g Packet Pg. 44 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Describe the site’s and the proposed use’s compatibility with adjacent properties and other properties in the district. Response: As previously indicated, the specific Conditional Use modification requested does not change the approved private club use. The project consists of a pool, deck & beach area, restrooms and grill services to serve the patrons. Please provide any additional information which you may feel is relevant to this request Response: We have operated this facility for almost 2 decades and take pride in our commitment as a good neighbor. We have an ongoing relationship with our direct neighbors and have addressed any issue that has been brought to our attention by them in a timely and satisfactory manner. . 3.A.g Packet Pg. 45 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 5 of 12 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: ______________________________City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ Address of Subject Property (If available): ___________________________________________ City: ________________ State: __________ ZIP: ___________ LEGAL DESCRIPTION Section/Township/Range: / / Lot: Block: Subdivision: _______________________________________________ Plat Book: Page #: Property I.D. Number: _________________________________ Metes & Bounds Description: _____________________________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: ____________________ d. Package Treatment Plant (GPD Capacity): ___________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System b. City Utility System c. Franchised Utility System PROVIDE NAME_______________ d. Private System (Well) Total Population to be served: ____________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _______ Average Daily: ________ B. Sewer-Peak: _______ Average Daily: ________ 3.A.g Packet Pg. 46 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 6 of 12 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________ Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 3.A.g Packet Pg. 47 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 7 of 12 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 3.A.g Packet Pg. 48 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 8 of 12 Pre-Application Meeting and Final Submittal Requirement Checklist for: A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At 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 Cover letter briefly explaining the project 1 Pre-Application Notes 1 Affidavit of Authorization, signed and notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Warranty Deed(s) 1 Boundary Survey 1 Conceptual Site Plan 24” X 36” plus (one 8 ½ X 11 copy) Plans showing proposed location for utilities, if required Plans for screening and buffering the use with reference as to type, dimensions, and character, if required Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required Plans showing the proposed signs and lighting, including type, dimensions, and character, if required Architectural Rendering of Proposed Structure(s), if applicable 1 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 Statement of utility provisions (with all required attachments & sketches) 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study (TIS) or waiver 1 Historical and Archeological Survey, or waiver 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 * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement 3.A.g Packet Pg. 49 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 9 of 12 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. Planners: Indicate if the petition needs to be routed to the following additional reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director Emergency Management: Dan Summers; and/or EMS: Artie Bay Conservancy of SWFL: Nichole Johnson GMD Graphics City of Naples: Robin Singer, Planning Director Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams Immokalee Water/Sewer District: Other: School District (Residential Components): Amy Lockheart Communication Towers: Mosquito Control Collier County Airport Authority Naples Airport Authority Commercial Mining: Impact Fees 3.A.g Packet Pg. 50 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 10 of 12 FEE REQUIREMENTS All checks payable to: Board of County Commissioners  Pre-Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre-application meeting)  Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5th and subsequent reviews: 20% of original fee  Comprehensive Planning Consistency Review: $300.00  Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00  Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00  Transportation Fee, if required: o Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00  Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00  Estimated Legal Advertising Fee for the BZA, if required: $500.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) 3.A.g Packet Pg. 51 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 11 of 12 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner’s receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. 3.A.g Packet Pg. 52 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 12 of 12 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAC): The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. 3.A.g Packet Pg. 53 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Inc. of Naples Land Development Consultant 3125 54th Terrace SW, Naples, FL 34116 / (239) 825-7230 / Fax (239) 234-6096 /Email: karenbishop@pmsnaples.com   Project Narrative        Revision to the existing Conditional Use Resolution 2000‐300 for the Twin Eagles Beach and Bay Club        This property was initially permitted in the late nineteen sixties and has been modified several times to the  current use of a private club and guest suites which were permitted in 2000. The review of historical aerials  and photographs from the nineteen fifties depicts the original vegetation west of gulf shore drive consisted  mostly of sabal and coconut palms which during the subsequent development were removed. The bay side  of the property was created in the late nineteen forties, early nineteen fifties from the spoil created when  the developer of Conner’s Vanderbilt Beach Estates dredged the Vanderbilt Lagoon. East of the seawall the  vegetation consists of native coastal plants, and the created a vegetated dune west of the seawall.        The current request is to modify the Conditional Use 2000‐10 / Resolution 2000‐300 for our Private Club. We  are proposing to modify two elements of the existing approved conditions.    1) Clarify the maximum number of people which may be in the building at any one time is limited to  112.    2) Revise the closing hours to remain open until the later of (a) 30 minutes after sunset, or (b) 9:00 p.m.  (10:00 p.m. during special events).          3.A.g Packet Pg. 54 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 55 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 56 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 57 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 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 3.A.g Packet Pg. 58 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 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.A.g Packet Pg. 59 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 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) 3.A.g Packet Pg. 60 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 61 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.gPacket Pg. 62Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) Page 1 of 1 E:\Dropbox\Floridian\2021 CU\NIM stuff\NIM Summary\NIM Summary (11-30-2021).docx Neighborhood Meeting Summary Twin Eagles Beach and Bay Club Conditional Use (PL-20210001683) November 29, 2021, 5:30 PM DoubleTree Hotel Conference Room 12200 Tamiami Trail North, Naples, FL 34110 Attendees: 4 On Behalf of the Applicant: Karen Bishop, PMS Inc., of Naples Collier County Staff: Gabriella Castro, AICP, Principal Planner Approximately 4 members of the public attended. There were no attendees via Zoom. Ms. Bishop provided an overview of the project and the request. Following the presentation there was one question from the members of the public in attendance regarding the rental of the existing hotel rooms on the property. Ms. Bishop explained that the rooms are only rented to members of the Twin Eagles Beach and Bay Club. The meeting ended at approximately 5:35 PM. 3.A.g Packet Pg. 63 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) PMS Inc. of Naples / (239) 825-7230 / Email: karenbishop@pmsnaples.com   Application:   Twin Eagles Beach and Bay Club is requesting to modify the conditions of the existing Conditional Use  Resolution 2000‐300 (PL‐ PL20210001683)    This 1+/‐ acre property  is located at 9467 & 9468 Gulf Shore Drive. It is a 1+/‐ acre property located on both the east  and west sides of Gulf Shore Drive, approximately ¼ mile north of Vanderbilt Beach Road.    This request is proposing to modify two elements of the existing approved conditions as an amendment to the existing  Conditional Use 2000‐10 / Resolution 2000‐300, approved for a Private Club.        1) Revise the maximum number of people which may be on the premises at any one time shall comply with the  applicable Fire Code.      2) Revise the closing hours to the later of (a) 30 minutes after sunset, or (b) 9:00 p.m. (10:00 p.m. during special  events).    3.A.g Packet Pg. 64 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.gPacket Pg. 65Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.gPacket Pg. 66Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 67 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 68 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 69 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) PMS Inc. of Naples / (239) 825-7230 / Email: karenbishop@pmsnaples.com   Application:   Twin Eagles Beach and Bay Club is requesting to modify the conditions of the existing Conditional Use  Resolution 2000‐300 (PL‐ PL20210001683)    This 1+/‐ acre property  is located at 9467 & 9468 Gulf Shore Drive. It is a 1+/‐ acre property located on both the east  and west sides of Gulf Shore Drive, approximately ¼ mile north of Vanderbilt Beach Road.    This request is proposing to modify two elements of the existing approved conditions as an amendment to the existing  Conditional Use 2000‐10 / Resolution 2000‐300, approved for a Private Club.        1) Revise the maximum number of people which may be on the premises at any one time shall comply with the  applicable Fire Code.      2) Revise the closing hours to the later of (a) 30 minutes after sunset, or (b) 9:00 p.m. (10:00 p.m. during special  events).    3.A.g Packet Pg. 70 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 71 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 72 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 73 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 74 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 75 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 76 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 77 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 13 A6 Page 1 of 2 Exhibit D Subject to the following Conditions: I. The Planning Services Department Director may approve minor changes in the location, sighting, or height of buildings, structures, and improvements authorized by the Conditional Use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review, of the Collier County Land Development Code (Ordinance No. 91-102). 2. This approval authorizes only construction of the facilities shown on the Master Plan. The facilities shall be constructed in substantial conformance to the Master Plan with only minor deviations to accommodate the construction process. 3. The Petitioner intends, and will, operate this facility in a reasonable manner so that it will not have an unreasonable adverse impact on adjacent residential properties. 4. The maximum number of people which may be on the premises at any one time shall be limited to 112 persons. 5. The facilities shall be open only between the hours of8:00 a.m. and sunset The snack bar must close at that time and use of the pool and other facilities must cease. All users must depart the facility within 30 minutes after sunset. The petitioner shall be responsible for strictly enforcing the hours. The only exceptions authorized are as follows: (a) Overnight guests and/or resident managers in the living units may use those units. (b) There can be as many as six events each year in which the facility may be open until 10:00 p.m. The maximum number of people which may be on the premises at any one time shall be limited to 112 persons. Two (2) weeks prior to each event, notice shall be delivered to the property managers or other owner representatives of the adjacent properties of the date of each event. 6. The facility will have on-site management during all hours that it is open and such management will also remain on site after closing to ensure that those actions that need to be taken at the end of each operating day to be in conformance with these stipulations are, in fact, done. In addition, the Petitioner will provide to the condominium manager of the ac\joining condominiums the name and phone number of a responsible person within the Petitioner's organization who can respond to problems or emergencies at the site during non- operating hours. 3.A.g Packet Pg. 78 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 13A6 Exhibit D Page 2 of 2 7. Food service will be limited to a sandwich/grill type operating. Cooking facilities will have proper odor scrubbing exhaust equipment. This will not apply to barbecue-type cookers that may be used at the special events described above. 8. Trash and garbage receptacles will be enclosed and will be removed from the beach-side facilities at the close of each operating day. 9. The roofs of any buildings on the site, and the pool deck, will be of a non-glare material in a muted color. 10. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than 15 feet in height and shall be of a material and color compatible with the design of the facility. 11. Parking areas will be utilized only by authorized users of the facility, and (on the beach- side) will have devices to prevent ingress and egress to the parking area during non-operating hours. 12. Beach chairs, umbrellas, cabanas, and similar devices supplied by the club shall only be used on the beach in front of the club, defined as the beach area within the area enclosed by the property lines of the club, extended to the edge of the water. 13. There shall be no personal watercraft or personal sailboats (Hobie Cats and the like) allowed on the beach side. 14. Docks in connection with access via the Vanderbilt lagoon may not be used for the berthing or mooring of boats in excess of forty-eight (48) hours. 15. The site shall be developed in accordance with the Site Development Plan, SOP 98-119, approved September 16, 1998. Any wnendments to the site plan other than minor changes as defined in stipulation #I of Exhibit D of this Resolution, shall require a new Conditional Use approval. 3.A.g Packet Pg. 79 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 3.A.g Packet Pg. 80 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) EXHIBIT D  Twin Eagles Beach and Bay Club PL20210001683 1 OF  2  Words underlined are added, Words struck through are deleted. Last Revised 1‐26‐22  Subject to the following Conditions:  1. The Planning Services Department Director may approve minor changes in the location, sighting, or height of  buildings, structures, and improvements authorized by the Conditional Use. Expansion of the uses identified and  approved within this conditional use application, or major changes to the site plan submitted as part of this  application, shall require the submittal of a new conditional use application, and shall comply with all applicable  County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review, of the  Collier County Land Development Code (Ordinance No. 91‐102).  2. This approval authorizes only construction of the facilities shown on the Master Plan. The facilities shall be  constructed in substantial conformance to the Master Plan with only minor deviations to accommodate the  construction process.  3. The Petitioner intends, and will, operate this facility in a reasonable manner so that it will not have an  unreasonable adverse impact on adjacent residential properties.  4. The maximum number of people which may be on in the premises building at any one time shall be limited to 112   persons.  5. The facilities shall be open only between the hours of 8:00 a.m. and sunset remain open until the later of (a) 30  minutes after sunset, or (b) 9:00 p.m. (10:00 p.m. during special events).  The snack bar must close at that time  and use of the pool and other facilities must cease. All users must depart the facility within 30 minutes after  sunset the allotted closing time. The petitioner shall be responsible for strictly enforcing the hours. The only  exceptions authorized are as follows:   (a) Overnight guests and/or resident managers in the living units may use those units.  (b) There can be as many as six special events each year in which the facility may be open until 10:00 p.m. The  maximum number of people which may be on in the premises building at any one time shall be limited to 112  persons Two (2) weeks prior to each event, notice shall be delivered to the property managers or other owner  representatives of the adjacent properties of the date of each special event.  6. The facility will have on‐site management during all hours that it is open and such management will also remain  on site after closing to ensure that those actions that need to be taken at the end of each operating day to be in  conformance with these stipulations are, in fact, done. In addition, the Petitioner will provide to the condominium  manager of the adjoining condominiums the name and phone number of a responsible person within the  Petitioner's organization who can respond to problems or emergencies at the site during nonoperating hours.  7. Food service will be limited to a sandwich/grill type operating. Cooking facilities will have proper odor scrubbing  exhaust equipment. This will not apply to barbecue‐type cookers that may be used at the special events described  above.  8. Trash and garbage receptacles will be enclosed and will be removed from the beach‐side facilities at the close of  each operating day.  9. The roofs of any buildings on the site, and the pool deck, will be of a non‐glare material in a muted color.  10. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than  15 feet in height and shall be of a material and color compatible with the design of the facility.  3.A.g Packet Pg. 81 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) EXHIBIT D  Twin Eagles Beach and Bay Club PL20210001683 2 OF  2  Words underlined are added, Words struck through are deleted. Last Revised 1‐26‐22  11. Parking areas will be utilized only by authorized users of the facility, and (on the beachside) will have devices to  prevent ingress and egress to the parking area during non‐operating hours.  12. Beach chairs, umbrellas, cabanas, and similar devices supplied by the club shall only be used on the beach in front  of the club, defined as the beach area within the area enclosed by the property lines of the club, extended to the  edge of the water.  13. There shall be no personal watercraft or personal sailboats (Hobie Cats and the like) allowed on the beach side.  14. Docks in connection with access via the Vanderbilt lagoon may not be used for the berthing or mooring of boats in  excess of forty‐eight (48) hours.  15. The site shall be developed in accordance with the Site Development Plan, SOP 98‐119, approved September 16,  1998. Any amendments to the site plan other than minor changes as defined in stipulation #I of Exhibit D of this  Resolution, shall require a new Conditional Use approval.  16. Lighting, windows, and doors must comply with Land Development Code 3.04.02 B regarding sea turtle protection,  specifically visible light and window transmittance values of 45% or less.    3.A.g Packet Pg. 82 Attachment: F Backup Material (21296 : PL20210001683 Twin Eagles Beach Conditional Use) 03/24/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Item Summary: Petition No. FL - PL20210001966 - Mod Wash Comparable Use Determination - A request for a comparable use determination that a new automated carwash is comparable, compatible, and consistent with the list of permitted uses in section 4.4.A of the Artesa Pointe Planned Unit Development, Ord. No. 03-46, as amended. The proposed development is on a vacant ±1.01-acre parcel, folio no. 81076000095, at the southeast quadrant of the intersection of Collier Boulevard and Pasedo Drive, approximately one-half mile south of Tamiami Trail East, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Eric Ortman, Principal Planner] Commissioner District 1 Meeting Date: 03/24/2022 Prepared by: Title: Principal Planner – Zoning Name: Eric Ortman 03/02/2022 11:21 AM Submitted by: Title: – Zoning Name: Mike Bosi 03/02/2022 11:21 AM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 03/02/2022 11:40 AM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 03/17/2022 3:09 PM Zoning Ray Bellows Review Item Completed 03/17/2022 3:47 PM Zoning Mike Bosi Review Item Completed 03/17/2022 4:02 PM Hearing Examiner Andrew Dickman Meeting Pending 03/24/2022 9:00 AM 3.B Packet Pg. 83 FL Mod Wash - CUD-PL20210001966 Page 1 of 7 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 24, 2022 SUBJECT: NAPLES FLORIDA MOD CARWASH, COMPARABLE USE DETERMINATION (CUD), CUD-PL20210001966 ______________________________________________________________________________ PROPERTY OWNER/AGENT: Applicant/Owner: Agent: Rook at Naples, LLC Kendrick Gallander, AICP ModWash, LLC RWA, Inc. 736 Cherry Street 6610 Willow Park Dr., Suite 200 Chattanooga, TN. 37402 Naples, FL. 34109 REQUESTED ACTION: Request for a determination that the proposed use of a new automated car wash (SIC 7542) is comparable in nature to the list of permitted uses in Section 4.4 (Commercial tract) of the Artesa Point Planned Unit Development (PUD) adopted by Ordinance Number 03-46, as amended (Attachment A). The subject property is ±1.01 acres located on the east side of Collier Boulevard approximately one-quarter mile south of Tamiami Trail East (US 41) in Section 3, Township 51 South, Range 26 East, Collier County, Florida. GEOGRAPHIC LOCATION: The subject property is a ±1.01-acre undeveloped parcel (#81076000095) without an official street address and located in the southeast quadrant of the intersection of Collier Boulevard and Pasedo Drive approximately one-quarter mile south the intersection of Collier Boulevard and Tamiami Trail East (US 41) in Section 3, Township 51 South, Range 26 East, Collier County, Florida (See location map on page 2.). 3.B.a Packet Pg. 84 Attachment: Staff Report - FL Mod Wash CUD (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) FL Mod Wash - CUD-PL20210001966 Page 2 of 7 3.B.a Packet Pg. 85 Attachment: Staff Report - FL Mod Wash CUD (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) FL Mod Wash - CUD-PL20210001966 Page 3 of 7 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject parcel which is undeveloped and within a Commercial Tract of the Artesa Point PUD: North: Developed Tamiami Crossing CPUD; and one undeveloped parcel (±7.29 acres) zoned agricultural to the southeast of the Tamiami Crossing CPUD. East: Developed Artesa Point PUD (commercial and residential). South: Developed Artesa Point PUD (commercial and residential); developed Henderson Creek Mobile Home Park. West: Collier Blvd. and Eagle Creek PUD (residential PUD with golf course and amenities). Collier County GIS Subject Property 3.B.a Packet Pg. 86 Attachment: Staff Report - FL Mod Wash CUD (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) FL Mod Wash - CUD-PL20210001966 Page 4 of 7 PURPOSE AND DESCRIPTION OF PROJECT: The petitioner desires to construct a new automated car wash on the subject parcel which is currently going through Site Development Plan (SDP) process (PL20210001098). The undeveloped ±1.01-acre site is Outparcel #1 in the commercial section of the Artesa Point PUD which includes a WalMart Superstore. The PUD is governed by Ord. 03-46, as amended, which limits commercial development in the PUD to 325,000 square feet of gross leasable space. As of September 29, 2021, approximately 78,400 square feet of developable commercial space remain. The building for the proposed car wash is currently estimated at 4,165 square feet with stacking for 15 vehicles per LDC requirements. The maximum vehicle height that can accommodated in the car wash is seven feet two inches (7’ 2”). There are also 16 vehicles spaces where customers may vacuum their vehicles. Employee parking is achieved through a nonexclusive reciprocal easement which includes parking in common areas of the PUD which includes more than 1,000 spaces. The carwash will be open from 8:00 a.m. to 8:00 p.m., opening after the WalMart and Murphy’s gas station in the PUD and closing before both businesses. STAFF ANALYSIS: The subject parcel has a Future Land Use Designation of Urban Coastal Fringe, Henderson Creek Mixed- Use Subdistrict in the Future Land Use Element (see FLUE p. 40) (Attachment B). While the intent of the Henderson Creek Mixed-Use Subdistrict is, “primarily to provide for a mixture of regional commercial uses and residential development”, specific requirement “j” states that all out-parcels (which includes the subject parcel) are limited to nonregional commercial uses. A car wash is generally considered to be a local or non-regional use. The FLUE’s Henderson Creek Mixed-Use Subdistrict states that the “maximum intensity of commercial uses are those allowed in the C-4, General Commercial District”. Carwashes (SIC 7542) are a permitted use in C-4 Districts. The subject parcel also abuts Mixed-Use Activity Center Subdistrict #18 of the FLUE. Allowable land uses in Mixed-Use Activity Centers include the full array of commercial uses. Section 4.4 of Ord. 03-46, as amended, states that the commercial district of the Artesa PUD is “designed to implement the provisions of the Henderson Creek Mixed-Use Subdistrict”. Section 4.4 of Ord. 03-46 permits, as a non-regional use, general merchandise stores including auto tire and lubricating (SIC 5311- 5399) and food stores with accessory gas pumps and car wash (SIC 5411-5400, excluding grocery stores and supermarkets). Ord 03-46 permits automatic car washes and fuel pumps in conjunction with a convenience store as an accessory use in the commercial district. Two of these uses include a car wash in addition to other activities making them more intense from a development perspective than a stand -alone car wash. The third use, auto tire and lubricating may be more intense than a carwash with respect to noise (removing/replacing tires with impact drills) and oil and lubrication odors which may have a greater negative impact than the odors from soaps. The addition of a carwash would add a service not currently provided which would be comparable with other permitted uses such as the aforementioned and garden supply stores (SIC 5261), eating places (SIC 5812), and miscellaneous retail stores. Per LDC §10.02.06.K, a Comparable Use Determination (CUD) process is to be used to determine whether a specified use is comparable in nature with the list of permitted uses and the purpose and intent statement of the specified zoning district, overlay, or PUD. After staff evaluation of the criteria (listed below) of LDC §10.02.06.K .06.K.2 the results are presented at a public hearing for the purposes of approval, approval with conditions, or denial. 3.B.a Packet Pg. 87 Attachment: Staff Report - FL Mod Wash CUD (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) FL Mod Wash - CUD-PL20210001966 Page 5 of 7 LDC §10.02.06.K Criteria listed in bold with staff analysis in regular font. A. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, included but not limited to the following: i. Operating Hours: The applicant is willing to commit to operating hours from 8:00 a.m. to 8:00 p.m. The existing supercenter store is open between 6:00 a.m. and 11:00 p.m.; the gas station/convenience store is open from 5:30 a.m. to 10:30 p.m. Both stores are open 5 hours more per day or 35 hours per week than the proposed car wash. The car wash is less intensive yet compatible with other uses in the PUD based on hours of operation. ii. Traffic Volume Generated/Attracted: The Institute of Transportation Engineers (ITE) Trip Generation Manual 10th Edition lists the weekday PM peak hour number of trips for an automated car wash (ITE #948) at 78 total trips. Similarly, the number of trips for a free-standing discount superstore (ITE #813) is 703 net trips after subtracting pass-by trips per County Traffic Impact Statement (TIS) guidelines; and the number of net trips for a convenience market with gasoline pumps (ITE 853) is 111). These numbers indicate that the proposed car wash will generate significantly fewer trips per hour. Based on the ITE manual, the carwash is expected to generate 89 percent less trips than the superstore, and 30 percent less than the convenience market. iii. Type of vehicles associated with the use: The types of vehicles that will use the car wash are the same type as will visit either the superstore or gas station/convenience store. In addition, large semi-trucks, box trucks and other vehicles greater than seven feet two inches (7’ 2”) will not be able to use the carwash due to ceiling height of the building. Too, there will be a greater number of semi-trucks and tank trucks delivering to both the superstore and convenience market. iv. Number and type of required parking spaces: The subject parcel is included in a “Declaration of Easements with Covenants and Restrictions Affecting Land” (Attachment C) which has a nonexclusive reciprocal easement over, through and around the common areas that includes sharing the more than 1,000 parking spaces. LDC §4.05.04.G requires one parking space per employee of the largest shift for an automatic car wash. There will be four employees working on the largest shift. The four required spaces are not explicitly shown of the site plan; however, the Declaration is referenced to explain why these spaces are not shown. v. Business practices and activities: The proposed car wash is intended to serve the surrounding residential population as do the existing superstore, convenience story with gasoline pumps and other permitted uses in the PUD. The car wash will add an additional service to those already in existence. The hours of operation will allow residents and visitors to have their cars washed at a time convenient to them while not exceeding the hours of other uses currently in the PUD. B. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. Given that there will consistently be more cars visiting the superstore than the carwash, glare created by cars waiting in line to be washed will be significantly less than the superstore. Odors 3.B.a Packet Pg. 88 Attachment: Staff Report - FL Mod Wash CUD (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) FL Mod Wash - CUD-PL20210001966 Page 6 of 7 that may be created by the carwash will be limited to soap/cleaning related smells. Odors that may be created by the convenience store/gas station will be related to oil and gasoline. In general, people find soap/cleaning odors more pleasant than oil and gasoline odors. Seibein Acoustic conducted a sound analysis (Attachment D) for another, similar Mod Wash facility which included an area map overlaid with a noise contour map. One conclusion of the study is that the carwash facility examined would meet the requirements of noise ordinances in many suburban counties where the threshold tends to be 60-65 decibels. For the proposed carwash facility, there are approximately a dozen homes within 500 feet of the proposed car wash with no home being closer than approximately 330 feet. While admittedly a rough approximation, applying the noise contour map to the proposed project area shows the decibel level 330 feet from the carwash being less than 60 decibels. These homes also sit outside of the PUD, on the opposite side of Collier Blvd., a busy six-lane road that generates significant noise from traffic. The carwash is also located in the vicinity of a Murphy’s gas station/convenience store and WalMart superstore. Staff believes that the noise generated by the carwash will not exceed that of the other surrounding uses and roads. The applicant has committed to mitigating noise associated with the carwash operations that are determined to exceed 80 decibels. C. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use; and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. The proposed use is permitted in the Henderson Creek Mixed-Use Subdistrict of the FLUE which states that, “the maximum intensity of commercial uses are those allowed in the C -4, General Commercial, Zoning District”. Car washes are classified under SIC 7542 which is a permitted use in C-4 Districts subject to the requirements of LDC §5.05.11 when, and if, the carwash abuts a residential district. D. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. The proposed use is on the east side of Collier Blvd., south of Tamiami Trail; and as stated above, compatible and consistent with other permitted uses in commercial tract of the PUD. Within the PUD, the closest residential dwelling is approximately 900 feet from the carwash with the superstore acting as a sound buffer for much of the residential section of the PUD. E. Any additional relevant information as may be required by the County Manager or designee. Not required. PUBLIC NOTIC: A newspaper advertisement for the Hearing Examiner public meeting is the only notice required per Administrative Code (Chapter 3L), and LDC §10.03.06.O in accordance with F.S. §125.66. The newsparper advertisement posted in the Naples Daily News on May 4, 2022. Per LDC and Administrative Code a Neighborhood Information Meeting (NIM), posting of a sign on the subject property, and a mailing to surrounding property owners is not required. 3.B.a Packet Pg. 89 Attachment: Staff Report - FL Mod Wash CUD (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) FL Mod Wash - CUD-PL20210001966 Page 7 of 7 STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner determine that the use of an automated car wash (SIC 7542) is comparable and compatible with the list of permitted non-regional commercial uses contained in Section 4.4 of the Artesa Point PUD with the conditions outlined in Attachment E. Attachments: A. Ordinance 03-46 B. FLUE Excerpt – Henderson Creek Mixed C. Declaration of Easements with Covenants and Restrictions Affecting Land” D. Seibein Acoustic Computer Model Study for a proposed Mod Wash facility. E. Conditions of Approval F. Application and Backup Documents 3.B.a Packet Pg. 90 Attachment: Staff Report - FL Mod Wash CUD (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 91 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 92 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 93 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 94 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 95 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 96 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 97 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 98 Attachment: Attachment A - 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Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 107 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 108 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 109 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 110 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 111 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 112 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 113 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 114 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 115 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 116 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 117 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 118 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 119 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 120 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 121 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 122 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 123 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 124 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 125 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.b Packet Pg. 126 Attachment: Attachment A - Ordinance 2003-46 (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared by Collier County Planning and Zoning Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 3.B.c Packet Pg. 127 Attachment: Attachment B - FLUE Excerpt - Henderson Creek Mixed Use Subdistrict (21517 : PL20210001966 FL Mod Wash Comparable Use (VI)(XV)(XXXVII)(XXXVIII)(LII) 9. Henderson Creek Mixed Use Subdistrict The Henderson Creek Mixed Use Subdistrict consists of approximately 81 acres and is located east of Collier Boulevard (SR 951) and south of US 41 (Tamiami Trail, East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development; the regional commercial uses are intended to serve the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. Conversely, the primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable housing to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. For purposes of this Subdistrict, the term “regional commercial” is defined as: Retail uses typically dominated by large anchors, including discount department stores, off-price stores, warehouse clubs, and the like, some of which offer a large selection in a particular merchandise category. Regional retail uses also typically utilize square footages ranging from 20,000 to over 100,000 square feet. Regional commercial uses generally have a primary trade area of 5 to 10 radial miles, with a typical store separation of 5 radial miles for any individual regional commercial business. Specific requirements and limitations for the Henderson Creek Mixed-Use Subdistrict as follows: a. Access to the Subdistrict shall be provided from Collier Boulevard (SR 951) and US 41. A loop road that is open to the public shall connect these access points. b. Vehicular and pedestrian interconnections shall be provided between the residential and commercial portions of the Subdistrict. c. The unified plan of development within the Subdistrict shall include provisions for vehicular and pedestrian interconnection to properties to the north. d. Commercial components of this Subdistrict shall front on Collier Boulevard. e. Commercial uses are limited to a maximum of 40 acres and 325,000 square feet of gross leasable floor area. f. The maximum intensity of commercial uses are those allowed in the C-4, General Commercial, Zoning District. g. At least one regional commercial use is required to occupy a minimum of 100,000 square feet of gross leasable floor area. Each remaining regional commercial use must occupy a minimum of 20,000 square feet of gross leasable floor area. h. Non-regional commercial uses prohibited in this Subdistrict include grocery stores, fitness centers, auto repair, auto sales, and personal service uses. i. Non-regional commercial uses are limited to a maximum of 10% of the total allowed commercial square footage (32,500 square feet). j. A maximum of four out-parcels are allowed, all of which must abut Collier Boulevard. All out-parcels shall provide internal vehicular access. All out-parcels are limited to nonregional commercial uses. No out-parcel shall exceed five acres. k. Commercial development shall be restricted to one-story buildings with a maximum height of 35 feet. (LII) = Plan Amendment by Ordinance No. 2018-59 on December 11, 2018 3.B.c Packet Pg. 128 Attachment: Attachment B - FLUE Excerpt - Henderson Creek Mixed Use Subdistrict (21517 : PL20210001966 FL Mod Wash Comparable Use l. Residential development shall be limited to a maximum of 360 dwelling units, subject to the Density Rating System. However, a minimum of 200 affordable housing units shall be provided. m. Residential dwellings shall be limited to a maximum height of two habitable stories. n. Both commercial and residential development shall be designed in a common architectural theme. o. Prior to commencement of any development in the Subdistrict, a unified plan of development for the entire Subdistrict must be approved by the Board of Collier County Commissioners. p. The type of landscape buffers within this Subdistrict shall be no less than that required in mixed-use activity centers. 3.B.c Packet Pg. 129 Attachment: Attachment B - FLUE Excerpt - Henderson Creek Mixed Use Subdistrict (21517 : PL20210001966 FL Mod Wash Comparable Use 3.B.d Packet Pg. 130 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 131 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 132 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 133 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 134 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 135 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 136 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 137 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 138 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 139 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 140 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 141 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 142 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 143 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash 3.B.d Packet Pg. 144 Attachment: Attachment C - Declaration of Easements with Covenants and Restrictions Affecting Lan (21517 : PL20210001966 FL Mod Wash Members of the Acoustical Society of America, American Institute of Architects, the Institute of Noise Control Engineers, American Society for Testing and Materials, American Society of Heating, Refrigeration & Air -conditioning Engineers and the National Council of Acoustical Consultants S I E B E I N ACOUSTIC ARCHITECTURAL | ENVIRONMENTAL Siebein Associates, Inc. Consultants in Architectural and Environmental Acoustics 625 NW 60th Street, Suite C Gainesville, Florida 32607 Telephone - (352) 331-5111 Facsimile: (352) 331-0009 July 8, 2021 Mr. Ryan Slattery Sr Development Project Manager 736 Cherry Street Chattanooga, TN 37402 Dear Ryan: This letter summarizes a computer model study for the proposed Mod Wash facility in Warrensville Heights, Ohio. The purpose of the study was to determine if the equipment and car wash operations will meet the requirements of the Warrensville Heights, OH, Noise Control. The conclusion of the study is that sounds from the car wash operations are less than the sound levels required in the Warrensville, Ohio Noise Ordinance at all locations around the car wash property as designed. CRITERIA The Codified Ordinances of Warrenville Heights, OH, Chapter 511 Noise Control, state that “no person shall make, continue or cause to be made or continued any loud, disturbing or unnecessary noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the City.” Section 511.02(i) of the ordinance, Blowers and Similar Devices, states that it is unlawful to have “in residential or noise sensitive areas, between the hours of 7:00 p.m. and 7:00 a.m., the operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, provided that the noise is unreasonably loud and raucous and can be heard across the property line of the property from which it emanates and exceeds eighty decibels (80 dBA) for more than thirty (30) seconds.” Noise ordinance criteria for suburban areas where commercial properties adjoin residential properties in communities that have noise ordinances often require that the sound level limit at the receiving property line be 65 dBA during daytime hours of 7:00 am to 7:00 pm, and 60 dBA during nighttime hours of 7:00 pm to 7:00 am. COMPUTER MODEL STUDY A three-dimensional computer model was constructed using AutoCAD software which included the site plan for the proposed car wash facility as received on June 11, 2021; and the land area with buildings that extends approximately 1/4 mile from the approximate center of the proposed site for the car wash facility. The AutoCAD model was imported into Cadna-A software which is a state-of-the-art noise propagation modeling software. Cadna-A calculates noise contours from noise generating equipment in accordance with ISO 9613. The octave band sound pressure level data for the vacuum producer s and the vacuuming area as measured at a similar carwash site located in Orlando, Florida, was used as the sound source data in the model. The sound pressure level data for variable drive blowers from Advantage Drying Systems by Aerodry Systems, as provided by the manufacturer, was used as the 3.B.e Packet Pg. 145 Attachment: Attachment D - Seibein Acoustic Computer Model Sound Study (21517 : PL20210001966 FL Mod Wash Comparable Use Mod Wash Warrensville Heights, Ohio Computer Model Study July 8, 2021 Page 2 SIEBEIN A C O U S T I C sound source in the model for the air driers near the exit side of the car wash. The computer sound propagation model was used to calculate the sound levels from the proposed carwash at the property line and at adjacent properties on all sides of the site. Figure A1 shows the resulting sound contours for a model that included the major sources of sound from the operating car wash facility such as the main car wash equipment with the dryer operating, two vacuum producers operating and vacuuming activities at individual cars using a busy day scenario as stated by Mod Wash staff. The sound sources include the following. 1. Car wash operating with variable drive blowers from Advantage Drying Systems by Aerodry Systems. 2. Two vacuum producers. 3. There are 18 vacuuming stalls available for use. At 50% utilization, every vacuum position is occupied because there are 2 vacuum positions per car . Therefore, the computer model includes a total of 9, or 50% of the total cars being vacuumed simultaneously. The sound mitigating features include the following. 1. The car wash building oriented with the exit portal facing Richmond Road. 2. The vacuum pumps have been located far as possible from the property lines. 3. The vacuum stations are located as far as possible from residential and commercial receiving properties to use the distance as a "natural" form of sound attenuation. 4. There is a retention pond and a landscaped berm on the north side of the site that forms a natural acoustical buffer between the car wash and the adjacent property. 5. There are commercial/industrial properties to the west and south of the car wash. 6. Richmond Road forms a natural acoustical buffer between the car wash and properties to the east. RESULTS 1. The computer model demonstrates that the combination of the sound mitigation strategies results in all sounds from car wash operations being less than 80 dBA at residential or noise sensitive areas, as required by the Codified Ordinances of Warrenville Heights, OH. 2. The sound levels at the property line between the proposed carwash and the nearest residential property to the north and the nearest residential property to the east are estimated to be less than 60 dBA. 3. This means that the proposed car wash facility complies with the requirements of the Noise Control chapter within the Codified Ordinances of Warrenville Heights, OH, requiring a maximum sound pressure level of 80 dBA for thirty-seconds at residential properties, as well as being less than with typical A-weighted daytime sound pressure level limits of 65 dBA and 60 dBA nighttime sound pressure level limits for Residential receiving properties that are used in many communities that have noise ordinances. 4. Figure 1, in Appendix A, shows an aerial image of the site and the surrounding neighborhood with the projected sound contours at a standing head-height in 5 dB increments. The sound source data included in the acoustical model are listed in Appendix B. 3.B.e Packet Pg. 146 Attachment: Attachment D - Seibein Acoustic Computer Model Sound Study (21517 : PL20210001966 FL Mod Wash Comparable Use Mod Wash Warrensville Heights, Ohio Computer Model Study July 8, 2021 Page 3 SIEBEIN A C O U S T I C CONCLUSIONS 1. The proposed car wash facility indicates a site design that is carefully planned from an acoustical point-of-view with strategically located equipment to use distance as a "natural" form of sound attenuation. 2. The computer model study indicates that the proposed car wash facility complies with the requirements of the noise ordinance and is also less than the 60 to 65 dBA sound level limits found in the noise ordinances of many suburban communities. 3. Please note that these results are based on the acoustical data provided by the manufacturer for the variable drive blowers from Advantage Drying Systems by Aerodry Systems; as well as the final equipment selection and installation made on site. Please do not hesitate to contact us if you have any questions or if we can be of additional assistance in this regard. Sincerely, SIEBEIN ASSOCIATES, INC. Marylin Roa AIA, ASA, INCE Senior Consultant 3.B.e Packet Pg. 147 Attachment: Attachment D - Seibein Acoustic Computer Model Sound Study (21517 : PL20210001966 FL Mod Wash Comparable Use Mod Wash Warrensville Heights, Ohio Computer Model Study July 8, 2021 Appendix A SIEBEIN A C O U S T I C APPENDIX A RESULTING NOISE CONTOURS 3.B.e Packet Pg. 148 Attachment: Attachment D - Seibein Acoustic Computer Model Sound Study (21517 : PL20210001966 FL Mod Wash Comparable Use Mod Wash Warrensville Heights, Ohio Computer Model Study July 8, 2021 Appendix A SIEBEIN A C O U S T I C Figure 1. Aerial map showing noise contours for the proposed Mod Wash. Please note that the noise contours overlaid on the aerial image are calculated at the average height of a person standing, 5'- 6" 3.B.e Packet Pg. 149 Attachment: Attachment D - Seibein Acoustic Computer Model Sound Study (21517 : PL20210001966 FL Mod Wash Comparable Use Mod Wash Warrensville Heights, Ohio Computer Model Study July 8, 2021 Appendix B SIEBEIN A C O U S T I C APPENDIX B SUMMARY OF SOUND SOURCE DATA USED IN THE COMPUTER MODEL STUDY 3.B.e Packet Pg. 150 Attachment: Attachment D - Seibein Acoustic Computer Model Sound Study (21517 : PL20210001966 FL Mod Wash Comparable Use Mod Wash Warrensville Heights, Ohio Computer Model Study July 8, 2021 Appendix B SIEBEIN A C O U S T I C SUMMARY OF MEASUREMENT TRIP TAKEN OF AN EXISTING CAR WASH FACILITY WITH SIMILAR EQUIPMENT TO THE PROPOSED MR. CLEAN CAR WASH TO USE AS SOUND DATA USED IN THE COMPUTER MODEL STUDY A field visit was made of an existing car wash facility to taken short term sound level measurements of car wash equipment and activities similar to those at the Mod Wash facility which manufacturers’ data were not available. Acoustical measurements of a 30 HP vacuum producer as well as vacuuming activities were taken on February 7, 2020, at Wash City Car Wash in Orlando, Florida. A Larson Davis Model 831 Sound Level Meter was used as the basic instrumentation for the acoustical measurements. The meter meets ANSI Standard S1.4 requirements for Type 1 sound level meters. The Larson Davis was equipped with a PCB ½" diameter measurement microphone and preamplifier. The meter and microphone were calibrated with a Larson Davis CAL 200 calibrator prior to testing and tested to within + 0.1 dB of calibration after the measurements were complete. The meter and microphone were mounted on a tripod at approximately 5.5’ above grade at each measurement location. A windscreen was attached to the microphone for all measurements. The data were stored on the internal memory system of the meters, and downloaded into the computers in our office for analysis. The acoustical measurements for the 30 HP vacuum producer as well as vacuuming activities taken at the Wash City Carwash were used as the sound source data in the computer model for the proposed vacuum producer and vacuuming areas proposed at the Mod Wash facility. Receiver 1 was located approximately 3 ft. from a 30 HP vacuum producer located within a walled enclosure. Receiver 2 was located approximately 7ft. from the vacuum stations which were operating during the time of the acoustical measurements. Figure B1 shows an aerial map with the approximate location of Receiver 1 and Receiver 2 at the Wash City Carwash in Orlando, Florida. A summary of the sound source data included in the computer model for the vacuum producer and vacuuming activities is listed in Table B1. Table B1. Octave band sound pressure level data measured at the Wash City Car Wash in Orlando, Florida Reference Equipment One-third Octave Band Frequency Sound Pressure Level in dB Figure B1 Receiver 1 Vacuum Producer (3ft. from pump) 25.0 31.5 40.0 50.0 63.0 80.0 100 125 160 66.8 63.3 68.1 61.9 74.3 63.7 65.2 78.2 71.0 200 250 315 400 500 630 800 1000 1250 77.3 81.8 81.8 75.4 76.6 71.8 69.5 77.3 81.8 1600 2000 2500 3150 4000 5000 6300 8000 10000 69.7 70.9 70.3 67.7 65.8 63.7 62.0 63.7 60.1 Figure B1 Receiver 2 Vacuuming (7ft. from vacuuming inside vehicle) 25.0 31.5 40.0 50.0 63.0 80.0 100 125 160 62.4 64.2 60.6 60.1 60.9 58.7 58.8 55.5 54.5 200 250 315 400 500 630 800 1000 1250 52.9 52.4 55.2 55.7 52.6 53.3 57.9 58.2 56.3 1600 2000 2500 3150 4000 5000 6300 8000 10000 59.4 60.2 62.3 62.7 61.3 60.5 59.9 59.5 58.8 Figure B1 Receiver 2 Vacuum holder pulled from holster (7ft. from vacuum pole) 25.0 31.5 40.0 50.0 63.0 80.0 100 125 160 60.6 62.4 57.5 56.9 61.6 56.3 54.9 54.0 53.0 200 250 315 400 500 630 800 1000 1250 52.7 56.2 59.3 61.7 61.4 58.6 64.9 67.4 67.2 1600 2000 2500 3150 4000 5000 6300 8000 10000 73.2 75.6 79.2 78.9 75.9 73.7 75.0 75.0 75.1 3.B.e Packet Pg. 151 Attachment: Attachment D - Seibein Acoustic Computer Model Sound Study (21517 : PL20210001966 FL Mod Wash Comparable Use Mod Wash Warrensville Heights, Ohio Computer Model Study July 8, 2021 Appendix B SIEBEIN A C O U S T I C Figure B1. Aerial image showing measurement locations at Wash City Carwash in Orlando, Florida, for the source data included in the computer model. Figure B2. Photographs of the vacuum producer and vacuum stations at Wash City Carwash in Orlando, Florida. Receiver 1 Receiver 2 3.B.e Packet Pg. 152 Attachment: Attachment D - Seibein Acoustic Computer Model Sound Study (21517 : PL20210001966 FL Mod Wash Comparable Use Mod Wash Warrensville Heights, Ohio Computer Model Study July 8, 2021 Appendix B SIEBEIN A C O U S T I C SUMMARY OF THE VARIABLE DRIVE BLOWERS FROM ADVANTAGE DYRING SYSTEMS BY AERODRY FOR THE PROPOSED MOD WASH USED AS SOUND SOURCE DATA IN THE COMPUTER MODEL STUDY The sound pressure level data for the Variable Drive dryer equipment provided by the manufacturer was used as the sound source data in the model for the air driers near the exit side of the car wash. Table B2. One-third octave band sound pressure level provided for the proposed Variable Drive, 60 HZ, Configuration 38, Aerodry Systems Dryer Equipment One-third Octave Band Sound Pressure Level in dB VARUABLE DRIVE AERODRY (3 ft from blower) 25.0 31.5 40.0 50.0 63.0 80.0 100 125 160 75 77 79 76 78 76 70 70 67 200 250 315 400 500 630 800 1000 1250 65 64 63 69 67 64 57 58 57 1600 2000 2500 3150 4000 5000 6300 8000 10000 65 58 57 57 55 52 51 49 47 3.B.e Packet Pg. 153 Attachment: Attachment D - Seibein Acoustic Computer Model Sound Study (21517 : PL20210001966 FL Mod Wash Comparable Use ATTACHMENT E – CONDITIONS OF APPROVAL CUD-PL20210001966 Comparable Use Determination – Naples FL ModWash, LLC 1. Hours of operation will be limited to Monday through Sunday from 8:00 a.m. to 8:00 p.m. 2. The applicant shall commit to mitigating noise associated with the carwash operations that are determined to exceed 80 decibels 100 feet from the building. 3.B.f Packet Pg. 154 Attachment: Attachment E - Condition of Approval (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 155 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 156 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) PL20210001966 3.B.g Packet Pg. 157 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 158 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 1 of 2 Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 www.colliercountyfl.gov ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliercountyfl.gov or submit in person to the Addressing Section at the address listed below. This form must be signed by Addressing personnel prior to the pre-application meeting. Please allow 3 business days for processing. Not all items will apply to every project. Items in bold 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 Permit) 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 Improvement 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 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) •LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-of-way •SURVEY (copy – only needed for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # Addressing Checklist (Rev 12/2021) 3.B.g Packet Pg. 159 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Addressing Checklist (Rev 12/2021) Page 2 of 2 Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 www.colliercountyfl.gov Project or development names proposed for, or already appearing in, condominium documents (if application, indicate whether proposed or existing) Please Return Approved Checklist By: Email Personally picked up Applicant Name: Phone: Email: 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 A NEW FORM SUBMITTED. 3.B.g Packet Pg. 160 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) $ 1,200,000 $ 747,405 $ 0 $ 747,405 $ 747,405 $ 747,405 $ 747,405 Collier County Proper ty AppraiserProperty Summar y Parcel No 81076000095 SiteAddress*Disclaimer Site City NAPLES Site Zone*Note 34114 Name / Address ROOK AT NAPLES I LLC 4828 ASHFORD DUNWOODY RD # 400 City ATLANTA State GA Zip 30338 Map No.Strap No.Section Township Range Acres  *Estimated 6B03 705250 3.16B03 3 51 26 1.01 Legal WAL-MART AT ARTESA POINTE PUD LOT 3 LESS THAT PART BEG AT SW COR LOT3, N2 27 30E 292.65FT, N89 59 27E 54.83FT, S 0 0 33E 3.3FT, N89 59 27E166.45FT, S0 0 33E 3.7FT, N89 59 27E 43.67FT, S0 0 33E 270.54FT, N89 56 31W212.8FT, S0 3 30W 15.17FT, N89 56 30W 64.73FT, POB Millage Area 113 Millage Rates   *Calculations Sub./Condo 705250 - WAL-MART AT ARTESA POINTEPUD School Other Total Use Code 10 - VACANT COMMERCIAL 4.889 6.5293 11.4183 Latest Sales Histor y (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 09/18/14 5080-377  2021 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after theFinal Tax Roll   3.B.g Packet Pg. 161 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Folio Number: 81076000095 Name: ROOK AT NAPLES I LLC Street# & Name: Build# / Unit#: / 3.1 Legal Description: WAL-MART AT ARTESA POINTE PUD LOT 3 LESS THAT PART BEG AT SW COR LOT 3, N2 27 30E 292.65FT, N89 59 27E 54.83FT, S 0 0 33E 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. 3.B.g Packet Pg. 162 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 1 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com K:\2021\210017.00.01 Naples Florida Modwash - Site Development Plan (SDP)\0009 Comparable Use Determination Prep & Support\2022-01-26 Submittal #3\Submittal 3 - 03 Determination Request FINAL Rev 1 (Clean).docx NAPLES FLORIDA MODWASH COMPARABLE USE DETERMINATION REQUEST AND JUSTIFICATION Background The subject property consists of 1.01± acres within the Artesa Pointe PUD that was established by Ordinance 03-46. The PUD is 82+/-acres and allows for a variety of residential and commercial uses as a master planned mixed-use community. The site is located at the intersection of Pasedo Drive and Collier Boulevard, in Section 3, Township 51 South, Range 26 East, Collier County, Florida –Parcel No. 81076000095. The parcel is vacant and there is currently no official address. The applicant is seeking to develop the subject property with a carwash. The property is designated Urban Mixed-Use District, Henderson Creek Mixed Use Subdistrict. The intent of the Urban Mixed-Use District is to provide a variety of residential and non-residential land uses, as well as mixed use development such as Planned Unit Developments. Based on certain criteria, specific industrial and commercial uses are also permitted. The Henderson Creek Mixed Use Subdistrict is intended to primarily allow for a mixture of regional commercial uses and residential development. The maximum intensity of commercial uses are those allowed in the C-4 – General Commercial zoning district, of which carwashes are an allowed use. The Artesa Pointe PUD allows for a variety of commercial uses as provided under Section IV, Commercial “C.”, which are as follows: A.Principal Uses (non-regional): 1.Accounting, auditing and bookkeeping services (8721) 2.Apparel and accessory stores (5611-5699) 3.Building materials, hardware, and garden supply (5231-5261) 4.Business services (7311, 7313, 7322-7338, 7361, 7371, 7372, 7374-7376, 7379, 7384) 5.Depository institutions (6011-6099) 6.Eating places (5812) 7.Engineering, architectural and surveying (8711-8713) 8.Food stores (5411, excluding grocery stores and supermarkets - 5499, with accessory gasoline pumps and car wash) 9.General merchandise stores (5311-5399), including discount retail, and discount superstore with grocery, auto tire and lubricating, and pharmacy 3.B.g Packet Pg. 163 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 2 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com component. 10. Health services (8011-8049) 11. Home furniture, furnishing and equipment stores (5712-5736) 12. Insurance carriers, agents and brokers (6311-6399, 6411) 13. Libraries (8231) 14. Legal services (8111) 15. Management and public relations services (8741-8743) 16. Miscellaneous retail (5912, 5921, 5941-5961, 5992, 5995, and 5999 - excluding auction room, tombstone sales, and swimming pool sales.) 17. Non-depository credit institutions (6141-6163) 18. Real estate (6512, 6520-6552) 19. Stationery and office supplies, retail (5112) 20. Motion pictures (7832, 7841) B. Principal Uses (regional): 1. Apparel and accessory stores (5611-5699) 2. Building materials, hardware, and garden supply (5231-5261) 3. General merchandise stores (5311-5399), including discount retail, and discount superstore with grocery, auto tire and lubricating, and pharmacy component. 4. Home furniture, furnishing and equipment stores (5712-5736) 5. Libraries (8231) 6. 6. Miscellaneous retail (5912, 5921, 5941-5961, 5992, 5995, and 5999 - excluding auction room, tombstone sales, and swimming pool sales.) 7. Stationery and office supplies, retail (5112) 8. Motion pictures (7832, 7841) 9. Discount warehouse clubs, which includes stores where shoppers pay a membership fee in order to take advantage of discounted prices on a wide variety of items such as food, clothing, tires and appliances. 10. Home improvement superstore/center, which includes warehouse-type retail facilities specializing in the sale of home improvement merchandise, including lumber, tools, paint, lighting, wallpaper and paneling, kitchen and bathroom fixtures, lawn equipment, and garden plants and accessories. No outdoor storage of building materials or on-site assembly of building components is permitted. C. Accessory Uses: 1. Uses and structures that are customarily incidental and subordinate to the above permitted uses. 2. Automatic car washes and fuel pumps in conjunction with a convenience food store. 3.B.g Packet Pg. 164 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 3 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com Request & Justification The applicant requests a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of Carwashes (SIC 7542) is comparable and compatible with the existing and permitted uses in the Artesa Pointe PUD as previously outlined. A carwash use is comparable to and no more intense than various permitted and accessory uses in the Artesa Pointe PUD. Specifically, it is less intense than the existing Walmart Superstore, a “Discount superstore” use, and comparable to a Murphy USA retail fuel station, a “Food stores with accessory gas pumps and car wash” provided within the Artesa Pointe PUD permitted commercial land uses outlined above. Additionally, a carwash use was envisioned within the Artesa Pointe PUD as it was included specifically as an accessory use within the PUD. However, at the time of PUD approval, modern-day stand-alone membership automated car washes were not as prevalent or did not exist. As such, the car wash use was relegated to an accessory use or secondary to other auto dependent uses, such as convenient food stores or gas stations. The following narrative, pursuant to LDC Sec. 10.02.06. K.2, demonstrates that the proposed carwash use is comparable to and less intense than other permitted and existing uses within this PUD, such as discount superstores and food stores with gas pumps and car washes. Criteria per LDC Sec. 10.02.06. K.2: The following details the applicable factors and criteria pursuant to Land Development Code (LDC) 10.02.06.K. to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD. a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; ii. Traffic volume generated/attracted; iii. Type of vehicles associated with the use; iv. Number and type of required parking spaces; and v. Business practices and activities. a. i: Operating hours: The proposed carwash will commit to operating hours between 8 am to 8 pm. The hours of operation for the existing Walmart Supercenter are from 6 am to 11 pm. Additionally, the existing retail fuel station on site (Murphy USA) operates from 5:30 am to 10:30 pm. The difference in operating hours of the proposed carwash as compared to these existing uses is significantly less and far less intensive. 3.B.g Packet Pg. 165 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 4 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com a. ii: Traffic volume generated/attracted: The proposed automated carwash use will generate significantly fewer trip when compared to the following permitted commercial uses under the Artesa Pointe PUD: • General merchandise stores (5311-5399), including discount retail, and discount superstore with grocery, auto tire and lubricating, and pharmacy component. • Food stores (5411, excluding grocery stores and supermarkets - 5499, with accessory gasoline pumps and car wash) Table 1 below details the Weekday PM Peak Hour trip generation for an automated car wash use per the Traffic Impact Statement as requested by staff and attached with the application. Tables 2 and 3 are provided to show the Weekday PM Peak Hour trip generation for a stand-alone discount superstore (existing Walmart Supercenter) and Convenience Market with Gasoline Pumps (“Food stores with accessory gasoline pumps and car wash” per the Artesa Pointe PUD permitted commercial uses) Table 1 Trip Generation* Weekday PM Peak Hour Automatic Carwash (Proposed Principal Use) Weekday PM Peak Hour ITE Land Use Size In Out Total 948 Automated Car Wash 3,816 SF & 1 Tunnel 39 39 78 *ITE Trip Generation Manual 10th Edition Table 2 Trip Generation*– Weekday PM Peak Hour Free-Standing Discount Superstore Comparison with Proposed Automated Car Wash Weekday PM Peak Hour ITE Land Use Size In Out Total ITE LUC 813 – Free-Standing Discount Superstore 216,400 SF 459 478 937 Less Pass-by Trips (25% Per County TIS Guidelines) 216,400 SF -117 -117 -234 Net New Trips 216,400 SF 342 361 703 *ITE Trip Generation Manual 10th Edition 3.B.g Packet Pg. 166 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 5 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com Table 3 Trip Generation*– Weekday PM Peak Hour Convenience Market with Gasoline Pumps Comparison with Proposed Automated Car Wash Weekday PM Peak Hour ITE Land Use Size In Out Total ITE LUC 853 – Convenience Market with Gasoline Pumps 4,500 SF 111 111 222 Less Pass-by Trips (50% Per County TIS Guidelines) 4,500 SF -55 -56 -111 Net New Trips 4,500 SF 56 55 111 *ITE Trip Generation Manual 10th Edition The tables above confirm that the weekday PM peak hour trips generated by the carwash, 78 total trips, are far less intensive and impactful to the surrounding road network than either an existing discount superstore at 703 total PM Peak Hour trips or convenience market with gas pumps at 111 total PM Peak Hour trips. a. iii: Types of vehicles associated with the use: The types of vehicles associated with the proposed carwash use are comparable and no different than those that would be associated with the existing permitted uses within the PUD, such as the discount superstore (Walmart Supercenter) or Food stores (5411, excluding grocery stores and supermarkets - 5499, with accessory gasoline pumps and car wash). Furthermore, no delivery trucks or large service vehicles such as those that service large discount superstores or food stores with gas pumps will be associated with the carwash use. a. iv: Number and type of required parking spaces: The existing Walmart Supercenter has a total of 1,024 parking spaces as compared to the proposed carwash, which is to have a total of 4 parking spaces. The proposed carwash is significantly less intensive regarding parking spaces required as compared to the Walmart Supercenter. Additionally, the types of parking spaces for the carwash will be in accordance with the Land Development Code and consistent with those provided for the existing Walmart Supercenter, Murphy USA, and other existing adjacent retail and service commercial uses within the Artesa Pointe PUD. It is also appropriate to state that the carwash use will not have designated loading docks or areas to service the more intensive nature of discount superstores or food stores. 3.B.g Packet Pg. 167 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 6 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com a. v: Business practices and activities: The business practices and activities are significantly less intense to the existing discount superstore (Walmart Supercenter) and comparable to food stores with accessory gasoline pumps and car wash permitted within the Artesa Pointe PUD. The proposed carwash, as previously detailed, will have operating hours comparable to or less than the discount superstore and food store with gas pumps and car wash. The number of employees is well below the discount superstore use and comparable to the food store with gas pumps and car wash. Additionally, the proposed carwash is a commercial retail/service use, like the discount supercenter and food store with gas pumps and car wash, that are focused on meeting the needs of the surrounding residential population. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. Considering the permitted and existed uses within this PUD, such as the discount superstore (Walmart) and food stores with gas pumps and car wash, the proposed carwash operations are comparable and would not have a greater effect in relation to the noise, glare, or odor on neighboring commercial properties. The proposed carwash development will meet or exceed all applicable noise, glare or odor requirements in the LDC. With regards to noise, the applicant has conducted a sound analysis associated with their automatic carwashes. The analysis concludes that the typical carwash operations produce a maximum of 65 decibels 100 feet from the building. As a comparison, 65 decibels is similar to normal conversation levels. Moreover, the decibel level for vehicle traffic along Collier Boulevard would be in the range of 80-90 decibels. Based on the required setbacks, buffer, and location of the building as provided on the attached site plan, the decibel levels at 100 feet or more will likely not exceed 65 decibels for any significant period of time. These levels are appropriate and compatible with all neighboring commercial properties and the adjacent roadway use. To help ensure noise from the carwash development is not a nuisance, the applicant will commit to mitigate noise associated with the carwash operations that are determined to exceed noise thresholds beyond 80 decibels. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. As previously stated, the project site is within the Henderson Creek Mixed-Use Subdistrict FLUM designation. This FLUM designation was developed per the C-4 General Commercial zoning district and lists carwashes (SIC 7542) as a permitted use. 3.B.g Packet Pg. 168 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 7 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. To the north/northwest, south and east, the property is surrounded by high intensity auto-dependent retail and service commercial uses consisting of a Walmart Supercenter, Aldi supermarket, the Tamiami Crossing Shopping Center, and the Shoppes at Eagle Creek. To the west, the property fronts a major arterial roadway (Collier Boulevard) and setback significantly from residential uses within the Eagle Creek PUD across Collier Boulevard. Surrounding Land Uses Future Land Use District/Subdistrict Zoning District Existing Uses NORTH Urban Mixed Use, Henderson Creek Mixed-Use Subdistrict CPUD (Tamiami Crossing) Retail and Service Commercial SOUTH Urban Mixed Use, Henderson Creek Mixed-Use Subdistrict CPUD (Artesa Pointe) Retail and Service Commercial EAST Urban Mixed Use, Henderson Creek Mixed-Use Subdistrict CPUD (Artesa Pointe) Retail and Service Commercial WEST Urban Coastal Fringe Subdistrict PUD (Eagle Creek) Public Right-of-Way & Residential Based on the above details of surrounding land uses, the proposed carwash is compatible and consistent with the other permitted commercial uses in the Artesa Pointe PUD. Additionally, the proposed use demonstrates and ensures compatibility through the provided setbacks and buffers as required per the Artesa Pointe PUD and detailed on the site plan. The proposed carwash will provide the required 10- foot setback along with a 10-foot wide type A landscape buffer. Abutting the right-of-way, the proposed carwash will provide the required 25-foot setback with a 20-foot wide type D landscape buffer. e. Any additional relevant information as may be required by County Manager or Designee. In accordance with criteria “e” and based on staff’s comments, a site plan has been included with the resubmittal to further illustrate the proposed carwash development by specifically indicating parking spaces, access points to adjacent roadways, vehicle stacking, setbacks, buffers, and building footprint. Additionally, and as stated previously, the applicant is committed to working within the requirements of the LDC to ensure the proposed carwash does not negatively impact the surrounding commercial uses by committing to mitigate noise associated with the carwash operations that are determined to exceed noise thresholds beyond 80 decibels. 3.B.g Packet Pg. 169 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 8 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com Conclusion In conclusion, it is my professional opinion that the proposed carwash use is comparable and compatible to the existing and permitted uses identified in the Artesa Pointe PUD. Supporting evidence provided through the TIS, as well as an analysis of similar uses within the PUD broken down per LDC 10.02.06.K.2.(a) criteria, provide clear and concise support for approval of this determination request. The proposed use is less intensive than current existing uses (i.e., Walmart Superstore and Murphy USA) within the PUD and with current permitted uses allowed within the PUD. Finally, the proposed car wash is consistent with the GMP and would qualify under the permitted uses under the Henderson Creek Mixed-Use Subdistrict FLU designation. 3.B.g Packet Pg. 170 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 171 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 172 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 173 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 174 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 175 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 176 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 177 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 178 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 179 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 180 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 181 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 182 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 183 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 184 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 185 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 186 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 187 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 188 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 189 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 190 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 191 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 192 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 193 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 194 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 195 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 196 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 197 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 198 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 199 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 200 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 201 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 202 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 203 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 204 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 205 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 206 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 207 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 208 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 209 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.gPacket Pg. 210Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.gPacket Pg. 211Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.gPacket Pg. 212Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 1 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com K:\2021\210017.00.01 Naples Florida Modwash - Site Development Plan (SDP)\0009 Comparable Use Determination Prep & Support\2021-08-05 Submittal #1\00 Cover Letter FINAL.docx August 5, 2021 Intake Department Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 Subject: Naples Florida Mod Carwash – Comparable Use Determination – Submittal #1 PL20210001098 (SDP) Intake Team: Pursuant to the pre-application meeting held on May 5, 2021, RWA, Inc., is pleased to submit on behalf of our client, a Comparable Use Determination Application requesting a determination that a carwash use is comparable and compatible with the permitted uses in the Artesa Pointe PUD. As part of this cover letter, please see the attached items included pursuant to the application Submittal Requirement checklist: 00. Cover Letter 01. Completed Application 02. Affidavit of Authorization 03. Determination Request and the justification for the use 04. PUD Ordinance and Development Commitment Information 05. Property Ownership Disclosure Form We look forward to your review and are available to answer questions related to this application. Sincerely, RWA, Inc. Kenrick Gallander, AICP Director of Planning Attachments: Application Submittal Requirements (listed above) cc: Mr. Johnathan M Renfroe RWA File: 210017.00.00 3.B.g Packet Pg. 213 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 1 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com K:\2021\210017.00.01 Naples Florida Modwash - Site Development Plan (SDP)\0009 Comparable Use Determination Prep & Support\Submittal #2 Working Docs\Submittal 2 - 00 Response to Comments Letter FINAL.docx September 30, 2021 Intake Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Subject: Naples Florida Mod Wash (Comparable Use) – Submittal #2 PCUD-PL20210001966 Dear Intake Team: Please accept this letter in response to your insufficiency letter dated September 9, 2021, for the above subject project. This letter outlines responses to each comment including any applicable stipulations/commitments. Please find the following list of information and materials that are being submitted electronically: 00. Response to Comments Letter 01. Site Plan 02. Revised Application 03. Sketch of Description – Signed and Sealed 04. Affidavit of Authorizations 05. Revised Determination of Request 06. Traffic Impact Statement (TIS) 07. Boundary Survey with Legal Description – Signed and Sealed 08. Revised Property Ownership Disclosure Form and Sunbiz supporting documents In reply to your review comments, we offer the following responses in bold: Rejected Review: Zoning Review Reviewed By: Timothy Finn Email: Timothy.Finn@colliercountyfl.gov Phone #: (239) 252-4312 1. Provide a site plan that illustrates the exact location of the proposed car wash. Please provide the parcel number and address of this property location. Moreover, please revise the application, request and justification, and any other documents to be consistent with each other as to this exact location. Response: A site plan has been provided depicting the exact location of the proposed carwash. Please see attached. The proper parcel number and address have been provided. Please see the revised application and supporting documents ensuring consistency with the property’s exact location, address, and parcel ID number. 3.B.g Packet Pg. 214 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 2 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com 2. In the application, the parcel number "81076000082" has a site address "6654 Collier Blvd. However, the property at 6650 Collier Blvd is owned by Wal Mart Stores East LP. Please resolve this discrepancy. Is this exact location for Parcel number 81076000082 or 81076000095? In discussion with County GIS, petition PL20210001066 had established a lot split at this location. Please verify t hat this lot split had created 81076000095. Please resolve these issues as staff will need the exact location of this proposed car wash to review for compatibility with other uses adjacent to this location. Response: The exact parcel number is 81076000095 and address is 6650 Collier Blvd. Please see revised application reflecting the proper Parcel number and address. Also, please see attached signed and sealed Sketch of Description identifying Parcel number 81076000095 created via PL20210001066. 3. In the application, under Determination Request, please complete section as this was left blank. Response: Please see revised application. 4. In the Application, Is this contract purchaser Hutton Real Estate Services, Inc. or ModWash, LLC? Response: The contract purchaser is ModWash LLC. 5. Submit another Affidavit of Authorization, from the property owner to the contract purchaser. Please include the petition number, PL20210001966 and also add this number to the Affidavit of Authorization from the contract purchaser to the agent. Response: Please see the attached Affidavit of Authorization from the property owner (Rook at Naples I, LLC) to the contract purchaser (ModWash, LLC.) Also, please see the revised Affidavit of Authorization to include the PL# for contract purchaser (ModWash, LLC) to agent (RWA, Inc.). 6. Request and Justification document: Per LDC 10.02.06.K.2.(a through e) - Provide additional detail and any supportive documentation on each of these standards as the answers provided are vague. When answering these standards please identify uses within the Artesa Point PUD that are similar to the carwash use. What use in the Artesa Pointe PUD are you comparing the carwash to? Also clarify how the surrounding uses to the carwash location are compatible to the carwash use. For criterion K.2.b - Provide a commitment to mitigate noise (i.e., car wash machinery) Furthermore, provide a site plan to show how each of these points work in relation to each other. On site plan illustrate, parking spaces, building footprint, vehicular ingress and egress existing points, location of existing roads, vehicle stacking, etc. Response: Please see the revised Determination of Request providing additional details, clarification, and supporting documentation in support of the comparable use standards per LDC Sec. 10.02.06.K.2 (a through e), identified uses within the Artesa Pointe PUD that are comparable to the proposed carwash 3.B.g Packet Pg. 215 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 3 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com service use, and additional supporting information as to the compatibility of the carwash with surrounding uses. Also, please see the attached Site Plan adequately illustrating parking spaces, building footprint, vehicular ingress and egress existing points, location of existing roads, vehicle stacking, etc. 7. Provide operational characteristics of the carwash. Are you running vehicles through a machine? Or is this a hand carwash? Is there an area for parking? What are the hours of operation? How many vehicles would use the carwash daily? Will there be any stacking of vehicles, if so, please provide this on the site plan. Response: Vehicles will be run through an automatic carwash machine and will then have the option to either exit the carwash to the south onto the existing cross access point or to the east onto the existing access road or park and vacuum their vehicles. 16 parking spaces will be provided in compliance with LDC 4.05.04 as indicated on the provided site plan. The hours of operation will be from 8 am to 8 pm, 7 days a week. Based on service data provided by the applicant, it is anticipated that the carwash will service an average of 100 cars per day. Stacking of vehicles will be provided, consistent with LDC 4.05.04, and is also illustrated on the site plan. 8. Submit a TIS as Transportation staff will need to review this proposed carwash for any traffic impacts. Response: Please see attached TIS. 9. Provide a response and any supportive documents to the concerns in the 9-8-21 letter by Craig D. Blume, P.A., sent by planner. Response: Concerning the letter dated 9-8-21 by Mr. Craig D. Blume, P.A., he asserts that a carwash of the proposed size will generate significantly higher traffic than what was calculated under our initial submittal. Mr. Craig provides no supporting factual documentation to support this claim. In response and to more accurately reflect the traffic impact of the proposed carwash, we have provided a Traffic Impact Statement (TIS) consistent with the requirements under the Collier County LDC as part of this resubmittal. The TIS concludes there is sufficient capacity along the northbound portion of Collier Boulevard and that the southbound portion is projected to have insufficient capacity “without the addition of trips generated as a result of the proposed development” of which this development should not be responsible for. Additionally, the proposed carwash will “NOT” generate more than a “de minimus impact” to the deficient link along Collier Boulevard. Mr. Blume further claims “it is our understanding that approval of the application would result in the neighboring businesses no longer complying with the applicable parking spaces.” Based on the site plan provided with this resubmittal, we have clearly indicated that we are not utilizing any of the existing parking spaces along the south portion of our property for the required carwash parking. The required five (5) parking spaces for the carwash are properly labeled and consistent with the parking requirements under LDC Sec. 4.05.04. 3.B.g Packet Pg. 216 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 4 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com Rejected Review: Graphics - GIS Review Reviewed By: Beth Yang Email: beth.yang@colliercountyfl.gov Phone #: (239) 252-6208 1. Provide survey with written legal description Application lists ROOK AT NAPLES I LLC as the property owner, however, provides WAL-MART STORES EAST LP’s site address (6650 Collier Blvd, Naples, FL 34114) and wrong Folio Number (810776000082) in Property Information Section. Please list correct Folio Number and provide legal description of the subject property. Response: Please see revised application depicting the proper folio number (81076000095). Please also see attached survey with written legal description. Rejected Review: County Attorney Review Reviewed By: Derek Perry Email: Derek.Perry@colliercountyfl.gov Phone #: (239) 252-8066 1. Please provide an affidavit of authorization from property owner Rook at Naples I, LLC, executed by Blair Schlossberg or Moshe Manoah, as manager, or if executed by another person, please provide evidence of signing authority for that individual (e.g., secretary’s certificate or corporate resolution). Response: Please see attached Affidavit of Authorization for Rook at Naples I, LLC executed by authorized representative Emilia R. Arkridge who is listed as an authorized person on the SunBiz document. 2. Application lists HUTTON REAL ESTATE SERVICES, INC as the applicant. Please confirm this is the applicant; if so, please submit an affidavit of authorization with evidence of signing authority. Should the applicant be MODWASH, LLC, please update the application accordingly. Response: The applicant is ModWash, LLC. Please see revised application. 3. Please list all human persons that stand to benefit financially from this application on the property ownership disclosure form. Please list all persons with equitable interest in the companies listed on the application (owner, applicant, and/or contract purchaser). Response: Please see attached revised Property Ownership Disclosure Form and SunBiz Documents listing all beneficiaries. GENERAL COMMENTS: [Timothy Finn] 1. Please be advised that pursuant to the LDC, a petition can be considered closed if there has been no activity on the petition for a period of six (6) months. In addition, a GMP Amendment application that is a companion item can likewise be considered closed. That six months period will be calculated from the date of this letter. 3.B.g Packet Pg. 217 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 5 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com Response: Understood. 2. Additional comments or stipulations may be forthcoming once a sufficient petition has been submitted for review. This correspondence should not be construed as a position of support or non- support for any issues within the petition. Staff will analyze the petition and the recommendation will be contained in the staff report prepared for the Collier County Planning Commission (CCPC) or Hearing Examiner (HEX). Response: Understood 3. Please ensure that all members of your team that may testify before the HEX or CCPC and the Board of County Commissioners (BCC) are registered as lobbyists with the County pursuant to the regulations regarding that issue. Response: Understood. 4. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to all comments. Response: Understood. 5. Please put revised dates on all exhibits and in the title block of all Plans. The PUD document should include a footer that reflects the project name, petition number, date and page X of Y for the entire document. Documents without this information will be rejected. Response: Understood. 6. A partial resubmittal cannot be accepted; please do not resubmit until you can respond to ALL review comments. Response: Understood. 7. Pursuant to F.S. 125.022, exhibits and application materials are subject to review upon each resubmittal until deemed sufficient and complete. Should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. Response: Understood. 8. Note the adopted fee schedule requires payment of additional fees for petition review upon the 5th and subsequent submittals; please contact the appropriate staff and resolve issues to avoid this fee. Response: Understood. 9. If you would like to discuss the review comments, require clarification and/or wish to identify agree- to-disagree issues, a post-review meeting can be arranged including all rejecting reviewers. To 3.B.g Packet Pg. 218 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 6 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com schedule a post-review meeting, please contact me, and Zoning Operations staff will proceed with scheduling. Response: Understood. We trust the enclosed information is sufficient for your review and approval. Should you have any questions or require additional information, please contact our office at (239) 597-0575. Sincerely, RWA, Inc. Kenrick S. Gallander, AICP Director of Planning Attachments: Application Submittal Requirements (listed above) cc: Mr. Jonathan Renfroe RWA File: 210017.00.01 3.B.g Packet Pg. 219 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 1 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com K:\2021\210017.00.01 Naples Florida Modwash - Site Development Plan (SDP)\0009 Comparable Use Determination Prep & Support\2022-01-26 Submittal #3\Submittal 3 - 00 Response to Comments Letter.docx January 26, 2022 Intake Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Subject: Naples Florida Mod Wash (Comparable Use) – Submittal #3 PCUD-PL20210001966 Dear Intake Team: Please accept this letter in response to your insufficiency letter dated October 28, 2021, for the above subject project. This letter outlines responses to each comment including any applicable stipulations/commitments. Please find the following list of information and materials that are being submitted electronically: 00. Response to Comments Letter 01. Revised Site Plan 02. Revised Application 03. Revised Determination Request 04. Declaration of Easement with Covenants and Restrictions Affecting Land (ECR) 05. Evidence of Signing Authority 06. Revised Ownership Disclosure Form In reply to your review comments, we offer the following responses in bold: Rejected Review: Zoning Review Reviewed By: Eric Ortman Email: Eric.Ortman@colliercountyfl.gov Phone #: (239) 252-1032 1. Include address (it is not 6650) and parcel # on site plan. As parcel is currently vacant there may not be an official address. If not, use parcel number and indicate that there is no official address. Ensure correct address is included on all documents Response: Please see revised Site Plan depicting the parcel number and indicating there is no official address. 3.B.g Packet Pg. 220 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 2 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com 2. Correct address in application. It is not 6650. As parcel is currently vacant there may not be an official address. If not, use parcel number and indicate that there is no official address. Ensure correct address is included on all documents. Response: Please see revised application and Determination Request Statement depicting the parcel number and indicating there is no official address. 3. In the application, under Determination Request, delete “commercial” in the sentence, “… or in the ______ Straight Zoning” as the question is an either/or question and the CUD is being made compared to the Artesa Point PUD. Response: Please see revised application removing “commercial” from this section. 4. Please indicate on site plan the exact number and location of parking spaces. The 16 "vacuuming spaces" cannot be double counted as parking spaces. Response: There are four (4) employees on the largest shift for the proposed car wash. Thus, there are four (4) required and provided parking spaces based on the 1 space per employee on the largest shift requirement. The proposed car wash is to be located on a portion of Lot 3 of the Wal-Mart at Artesa Pointe PUD replat. A Declaration of Easement with Covenants and Restrictions Affecting Land (ECR) (see attached) was executed and recorded addressing Lots 1-4 of the Wal-Mart at Artesa Pointe PUD replat. Under this ECR, Section 5 “Common Areas”, a nonexclusive reciprocal easement is provided that allows for “parking of motor vehicles” within the common area of Lots 1-4. The proposed car wash development, again located on a portion of Lot 3 of the Wal-Mart Artesa Pointe PUD replat, is utilizing the common area nonexclusive reciprocal easement for the required four (4) parking spaces. The site plan has been revised to note and identify this allowance to ensure the required four (4) parking spaces are provided for the car wash. Rejected Review: County Attorney Review Reviewed By: Derek Perry Email: Derek.Perry@colliercountyfl.gov Phone #: (239) 252-8066 1. Please provide evidence of signing authority for Emilia Akridge as Vice President of Rook at Naples I (e.g., secretary’s certificate or corporate resolution). Please note that under section 605.04074, Florida Statutes, only a manager of a manager-managed or a member of a member-managed company is authorized to sign on behalf of a Florida Limited Liability Company (“managing member”). Response: Please see attached Evidence of Signing Authority appointing Emilia as Vice President. 3.B.g Packet Pg. 221 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 3 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com 2. Property Ownership Disclosure Form continues to list businesses and other legal entities instead of human beneficiaries. Please list all human persons that stand to benefit financially from this application on the property ownership disclosure form. Please list all persons with equitable interest in the companies listed on the application (owner, applicant, and/or contract purchaser). Please feel free to use additional sheets of paper to describe corporate structures or list principals of said entities. Please feel free to give me a call if you have any questions or need additional information: Derek D. Perry, (239) 252-8066. Response: Please see revised Ownership Disclosure From. GENERAL COMMENTS: [Eric Ortman] 1. Please be advised that pursuant to the LDC, a petition can be considered closed if there has been no activity on the petition for a period of six (6) months. In addition, a GMP Amendment application that is a companion item can likewise be considered closed. That six months period will be calculated from the date of this letter. Response: Understood. 2. Additional comments or stipulations may be forthcoming once a sufficient petition has been submitted for review. This correspondence should not be construed as a position of support or non- support for any issues within the petition. Staff will analyze the petition and the recommendation will be contained in the staff report prepared for the Collier County Planning Commission (CCPC) or Hearing Examiner (HEX). Response: Understood. 3. Please ensure that all members of your team that may testify before the HEX or CCPC and the Board of County Commissioners (BCC) are registered as lobbyists with the County pursuant to the regulations regarding that issue. Response: Understood. 4. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to all comments. Response: Understood. 5. Please put revised dates on all exhibits and in the title block of all Plans. The PUD document should include a footer that reflects the project name, petition number, date and page X of Y for the entire document. Documents without this information will be rejected. Response: Understood. 3.B.g Packet Pg. 222 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) Page 4 6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597-0575 | Fax (239) 597-0578 www.consult-rwa.com 6. A partial resubmittal cannot be accepted; please do not resubmit until you can respond to ALL review comments. Response: Understood. 7. Pursuant to F.S. 125.022, exhibits and application materials are subject to review upon each resubmittal until deemed sufficient and complete. Should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. Response: Understood. 8. Note the adopted fee schedule requires payment of additional fees for petition review upon the 5th and subsequent submittals; please contact the appropriate staff and resolve issues to avoid this fee. Response: Understood. 9. If you would like to discuss the review comments, require clarification and/or wish to identify agree- to-disagree issues, a post-review meeting can be arranged including all rejecting reviewers. To schedule a post-review meeting, please contact me, and Zoning Operations staff will proceed with scheduling. Response: Understood. We trust the enclosed information is sufficient for your review and approval. Should you have any questions or require additional information, please contact our office at (239) 597-0575. Sincerely, RWA, Inc. Kenrick S. Gallander, AICP Director of Planning Attachments: Application Submittal Requirements (listed above) cc: Mr. Jonathan Renfroe RWA File: 210017.00.01 3.B.g Packet Pg. 223 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.gPacket Pg. 224Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) ACCESS DRIVE (PASEDO)C.R. 951 COLLIER BLVD(PUBLIC)EXISTING ACCESS ROADPROPOSED BUILDING60 ° '4,165 SFWAL-MART AT ARTESA POINTE PUD9710' TYPE 'A' LANDSCAPEBUFFER / SETBACK10'SETBACK10' TYPE 'A'LANDSCAPEBUFFER14'12' 20' 14'20' TYPE 'D'LANDSCAPEBUFFER EASEMENT25'SETBACK21.63' DEOR 4218, PG 256224'PROPERTY BOUNDARYLICENSE PLATEREADER10' TYPE 'A' LANDSCAPEBUFFER EASEMENT/ SETBACKPROPOSED 5' SIDEWALK(FLUSH WITH PAVEMENT)20'CONCRETE PAD FORVACUUM EQUIPMENT35'9'UTILITY EASEMENTOR 5396, PG 116710' ELECTRICALEASEMENTOR.4117 PG.2565SIGN EASEMENTOR 5080, PG 39322'CONCRETE RIBBON(TYP)DIRECTION ARROW(TYP)12'12'APPROXIMATE UTILITYEASEMENTOR 5396, PG 1167(29)PROP. STOP SIGN& 24" STOP BARPROPOSED DUMPSTER(SEE ARCHITECTURAL PLANS FOR DETAIL)PROPOSED ACCESS EASEMENTSIGHT VISIBILITY LINETYPE 'D' CURB (TYP.)15'R14.6'12'R 12" WIDE WHITE STRIP30'F-250, CREW-CAB, LONGBED VEHICLE TRACKING25'R 20'RFeet02040TITLE:CLIENT:PROJECT:PROJECT NO.:FILE NAME:February 8, 2022 11:18 AM K:\2021\210017.00.01 Naples Florida Modwash - Site Development Plan (SDP)\0002 Final Site Planning\Modwash Site Plan Rev11.dwgNAPLES, FLORIDA MODWASH MODWASH, LLC 210017.00.00Modwash Site Plan Rev11SITE PLANLEGENDPROPOSEDDESCRIPTIONPROPOSED TREEPROPOSED INGRESS/EGRESS ACCESS EASEMENTPARKING & VEHICLE STACKING SUMMARY TABLEUSEINTENSITYRATIOREQUIREDAUTO WASHING4 EMPLOYEES1/EMPLOYEE4TOTAL PARKING SPACES REQUIRED:4TOTAL PARKING SPACES PROVIDED: (INCLUDES 1 HANDICAP)4*TOTAL VEHICLE STACKING 5 SPACES/AUTO CAR WASH LANESTACKING REQUIRED FOR 3 AUTO CAR WASH LANES15STACKING PROVIDED FOR 3 AUTO CAR WASH LANES15* PARKING SPACES PROVIDED ARE LOCATED WITHIN THE COMMON AREAS OF LOTS 1-4 OF THE WAL-MART AT ARTESA POINTE PUD REPLAT. PER DECLARATION 4118285 OR: 4321 PG: 274612800 University Drive, Suite 175 Fort Myers, Florida 33907 (239) 597-0575 FAX: (239) 597-0578www.consult-rwa.comFlorida Certificates of AuthorizationEB 7663 LB6952PARCEL NO. 81076000095 - VACANT PARCEL, NO OFFICIAL ADDRESS3.B.gPacket Pg. 225Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 226 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 227 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 228 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 229 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 230 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 231 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 232 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 233 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 234 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 235 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 236 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 237 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 238 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 239 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 240 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 241 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 242 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 243 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 244 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 245 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 246 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 247 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 248 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 249 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 250 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 251 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 252 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 253 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.gPacket Pg. 254Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 255 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 256 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 257 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 258 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 259 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 260 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 261 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 262 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 263 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 264 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 265 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 266 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 267 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 268 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 269 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 270 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 271 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination) 3.B.g Packet Pg. 272 Attachment: Attachment F - Application and Backup Documents (21517 : PL20210001966 FL Mod Wash Comparable Use Determination)