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CCPC Agenda 03/02/2023
COLLIER COUNTY Collier County Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 March 2, 2023 1: 00 PM Edwin Fryer- Chairman Joseph Schmitt, Environmental - Vice -Chair Paul Shea, Environmental - Secretary Christopher Vernon Robert Klucik, Jr. Randy Sparrazza Commission District 3 - Vacant Amy Lockhart, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Page I Printed 212412023 March 2023 1. Pledge of Allegiance 2. Roll Call by Secretary 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes A. January 5, 2023 CCPC Meeting Minutes 6. BCC Report - Recaps 7. Chairman's Report 8. Consent Agenda 9. Public Hearings A. Advertised *** This item has been continued from the February 16, 2023 CCPC Meeting ***PL20200002302 - Forest Glen of Naples PUD Amendment (PUDA) - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 99-69, as amended, the Forest Glen of Naples Planned Unit Development (PUD), by adding warehousing and flex space uses including specialty trade contracting, minor fabrication and manufacturing as principal uses in addition to previously permitted commercial uses on the commercial tract located at the southeast corner of the intersection of Collier Boulevard and Beck Boulevard, subject to the limitation of 100,000 square feet for all uses on the commercial tract. The subject commercial tract consisting of 9.6+/- acres is part of the 635+/- acre PUD located in Section 2, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Ray Bellows, Zoning Manager] Collier County Planning Commission Page 2 Printed 212412023 March 2023 2. PL20190000821 -GMPA- Collier Boulevard/Interstate 75 Innovation Zone Overlay - An Ordinance of the Board of County Commissioners amending Ordinance 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to add the Collier Boulevard/Interstate 75 Innovation Zone Overlay to attract and retain qualified targeted industry business; to correct a Scrivener's error in the Activity Center #9 inset map; and furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is located at the intersections of Collier Boulevard and Interstate 75, and Collier Boulevard and Davis Boulevard, in Sections 34, 35 and 36, Township 49 South, Range 26 East, and Sections 2 and 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1,245f acres. [PL20190000821] [Coordinator: James Sabo, AICP, Comprehensive Planning Manager] B. Noticed 10. Old Business A. Comprehensive Administrative Code Amendments 2022 11. New Business 12. Public Comment 13. Adjourn Collier County Planning Commission Page 3 Printed 212412023 5.A 03/02/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 5.A Doe ID: 24560 Item Summary: January 5, 2023 CCPC Meeting Minutes Meeting Date: 03/02/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 02/02/2023 12:07 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/02/2023 12:07 PM Approved By: Review: Planning Commission Diane Lynch Review item Growth Management Operations & Regulatory Management Diane Lynch Zoning Diane Lynch Review Item Zoning Diane Lynch Review Item Zoning Diane Lynch Division Director Growth Management Department Diane Lynch GMD Deputy Dept Head Planning Commission Ray Bellows Meeting Pending Skipped 02/02/2023 12:07 PM Review Item Skipped 02/02/2023 12:07 PM Skipped 02/02/2023 12:07 PM Skipped 02/02/2023 12:07 PM Skipped 02/02/2023 12:07 PM Skipped 02/02/2023 12:07 PM 03/02/2023 1:00 PM Packet Pg. 4 January 5, 2023 5.A.a TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida January 5, 2023 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Edwin Fryer, Chairman Joe Schmitt, Vice Chair Robert L. Klucik, Jr. (appearing remotely) Paul Shea Randy Sparrazza Amy Lockhart, Collier County School Board Representative ABSENT: Christopher T. Vernon ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Director Heidi Ashton-Cicko, Managing Assistant County Attorney Derek Perry, County Attorney's Office Page 1 of 48 Packet Pg. 5 January 5, 2023 5.A.a PROCEEDINGS MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. Happy New Year, everyone, and welcome to the January 5, 2023, meeting of the Collier County Planning Commission. Will everyone please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FRYER: Will the secretary please call the roll. COMMISSIONER SHEA: Commissioner Lockhart? MS. LOCKHART: Here. COMMISSIONER SHEA: Commissioner Shea, here. Commissioner Fryer? CHAIRMAN FRYER: Here. COMMISSIONER SHEA: Commissioner Schmitt? COMMISSIONER SCHMITT: Here. COMMISSIONER SHEA: And, Commissioner Sparrazza? COMMISSIONER SPARRAZZA: Here. COMMISSIONER SHEA: Mr. Chair, we have a quorum. CHAIRMAN FRYER: Of four. And what's the word on Commissioner Klucik? Is he calling in? He is calling in. He's online. COMMISSIONER KLUCIK: Can you hear me? CHAIRMAN FRYER: Yes. And from my part, I think you have an excellent reason for not coming in and contaminating us, sir. So I'll cut to the chase and move that you be permitted to participate remotely. Is there a second? COMMISSIONER SCHMITT: I second. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: (No verbal response.) COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Welcome, Commissioner Klucik. COMMISSIONER KLUCIK: Thank you very much. Good morning. Happy New Year. CHAIRMAN FRYER: Happy New Year to you, sir. Let's see. Addenda to the agenda, Mr. Bellows. MR. BELLOWS: We have no changes. CHAIRMAN FRYER: Thank you. Planning Commission absences. Let's see. Our next meeting is on January 19, 2023. Does anyone know if he or she will not be able to attend that meeting? Mr. Bosi. MR. BOSI: Chair, one of the things that we did want to discuss with the Planning Commission is there are no petitions on the 19th. Would the Planning Commission like to cancel that meeting officially? Page 2 of 48 Packet Pg. 6 January 5, 2023 5.A.a CHAIRMAN FRYER: Okay. My -- that raises a question, because the material that Mr. Bellows sent out indicated there were no matters on for February the 2nd. Is that also true? COMMISSIONER SPARRAZZA: On the look -ahead? CHAIRMAN FRYER: Yeah, on the look -ahead. MR. BOSI: Correct. CHAIRMAN FRYER: Wow. COMMISSIONER SCHMITT: Well, if we cancel, will we still get paid? CHAIRMAN FRYER: Yes, at the same rate. MR. BOSI: Yes, you're 110 percent of your income. CHAIRMAN FRYER: Oh, wow. Now you're talking. Well, is staff recommending that we cancel both of those or just the -- MR. BOSI: Staff is recommending, because with the elongated advertising, even if something did shake loose, we couldn't -- we couldn't satisfy the advertising requirements for the 2nd. CHAIRMAN FRYER: Okay. MR. BOSI: So it will be -- the 16th of February will be the next meeting. CHAIRMAN FRYER: Okay. Well, I don't -- COMMISSIONER SHEA: We're canceling the 19th of January? CHAIRMAN FRYER: Canceling the 19th of January and the 2nd of February. And I'd entertain a motion for that, please. COMMISSIONER SCHMITT: Make a motion to cancel those two meetings as recommended. CHAIRMAN FRYER: Is there a second? COMMISSIONER SPARRAZZA: Second. CHAIRMAN FRYER: Further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: (No verbal response.) COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: They are canceled. Thank you, Mr. Bosi. Approval of the minutes. We have two sets of minutes before us for action today, those of the November 17, 2022, and December 1, 2022, meetings. If there are any corrections, changes, or additions to either of those minutes, we will divide the question but, if not, I'd entertain a motion to approve both sets as submitted. COMMISSIONER SCHMITT: Make a motion to approve both sets of minutes. CHAIRMAN FRYER: Is there a second? COMMISSIONER SHEA: Second. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: (No verbal response.) CHAIRMAN FRYER: (No verbal response.) COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: (No verbal response.) COMMISSIONER SPARRAZZA: (No verbal response.) CHAIRMAN FRYER: Opposed? Page 3 of 48 Packet Pg. 7 January 5, 2023 5.A.a (No response.) CHAIRMAN FRYER: Very good. We have approved both the November 17 and December 1, 2022, meeting minutes. BCC report, recaps, Mr. Bellows. MR. BOSI: Chair, Mike Bosi, Zoning director. On the 13th of December, the Board of County Commissioners approved the Maple Lane rezone, the 2022 AUIR, as well as the Brightshore SRA. CHAIRMAN FRYER: Thank you. COMMISSIONER SCHMITT: I do have a question of staff. CHAIRMAN FRYER: Vice Chair. COMMISSIONER SCHMITT: Just on the upcoming meetings, we're being inundated with emails on this project called, is it Haven? MR. BOSI: Yes. COMMISSIONER SPARRAZZA: On Airport and Orange Blossom. COMMISSIONER SCHMITT: On Airport Road. MR. BOSI: Just, I think, south of the Carlisle. COMMISSIONER SCHMITT: Is that in the -- on the -- even being planned? Is there anything projected for that? For some reason the public seems to think that's, like, imminent and because -- MR. BOSI: What happened is they've had their neighborhood information meeting. COMMISSIONER SCHMITT: Yes. MR. BOSI: Neighborhood information meeting happens after your first review. Typically within any rezone petition, there's three to four individual staff reviews before it will get to the Planning Commission. So you're probably six months out. COMMISSIONER SCHMITT: All right. All right. I'll just put those in the "to be reviewed some day" file. MR. BOSI: We'll schedule that for your summertime fun. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Thank you, I think. All right. Chairman's report, none. Consent agenda, none today. ***Public hearings. Our first and only land -use petition of the day is PL20220003938, the Kaicasa RPUDA. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Ex parte disclosures from the Planning Commission, beginning with Ms. Lockhart, please. MS. LOCKHART: Staff materials only. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Public materials and a meeting with staff. COMMISSIONER SCHMITT: Staff materials only. COMMISSIONER SPARRAZZA: Staff materials only. CHAIRMAN FRYER: And, Commissioner Klucik? COMMISSIONER KLUCIK: Staff materials only and a meeting -- you know, my normal pre -meeting meeting with the staff to discuss items on the agenda. CHAIRMAN FRYER: Very good. That dispenses with that part. So now we'll go to the applicant's presentation. You may proceed. MS. MARTIN: Good morning. I am Amanda Martin, a planner with Johnson Engineering. I'm representing the applicant, Habitat for Humanity of Collier County. Today we have two of the representatives from Habitat with us, Reverend Lisa Lefkow and Mara Foley. I'm going to have Lisa come up and give just a brief overview of Habitat's mission Page 4 of 48 Packet Pg. 8 January 5, 2023 and the current activities happening on this site. As it was mentioned, it was recently in the news for activity, so... CHAIRMAN FRYER: Thank you. MS. LEFKOW: Good morning, Commssioners. For the record, Lisa Lefkow, CEO, Habitat for Humanity. It's great to be with you this morning. Thank you for this opportunity. For those of you -- it's been a long time since Habitat has been here before you, so -- COMMISSIONER SCHMITT: It has been a long time, Lisa. MS. LEFKOW: -- a little review. Habitat for Humanity of Collier County is one of the oldest and is currently the largest producing affiliate of Habitat for Humanity in the United States. So I want you to know that. That's something that many in this community are not aware of. The mission of Habitat Collier is to provide access to affordable homeownership to families who are primarily making less than 80 percent of the area median income. Over our 45-year history, we've built homes with about 2,500 families. So very long and successful history here. We started out building primarily infill housing, buying a lot, building a home, buying a lot, building a home. In 2000, in the year 2000, we took a different tactic and approach and began buying parcels of property and creating fully built subdivisions. To date, we have 13 active homeowners and condo associations as a result of subdivision construction. So who are we building with? We're building with all kinds of folks from our workforce, and these are the folks that are making this economy run. They're the folks that held us over through COVID stocking shelves, driving buses, serving in county government, keeping our roadways beautiful, caring for our hotels and resorts, working in our hospitals and restaurants and hospitality industry. So, truly, the heart of our workforce are the folks that qualify for Habitat for Humanity. We quality folks through a comprehensive application process which really mirrors very closely what it would be like to apply for a mortgage with a bank. Reviewing not only legal status -- everybody must be either a U.S. citizen or permanent legal resident, demonstrate capacity to repay our interest -free loan. We don't give houses away. We sell them. We are the bank and hold that mortgage with an interest -free loan. So a little general review about Habitat for Humanity. Today we're talking about Kaicasa. A little history about Kaicasa. Kaicasa, folks would say, well, what -- where did this name come from? You -all are certainly aware that the name Immokalee means "my home" in the Seminole language. Kai is how you say home in Creole, and casa is how you say home in Spanish. So a little history there. Now you'll have that in your pocket when somebody says what you talk about today. Kaicasa is a property that we purchased back in 2004. So we've had this in our inventory for a long time planning and preparing for this day. And as we referenced earlier, we celebrated the first wall raisings this week. We're here today to talk about an amendment to the PUD so that we know who we can sell homes to and ensure that our deliverable is affordable for each of them. The project is zoned for 281 homes. That is our intention, to deliver 281 affordable homes. We have a beautiful home design. I'm very proud of not only the site plan, but a very unique home design. The houses in Kaicasa will be triplex or quadruplex two-story townhomes with a single -car garage. So lovely house design, a lot of curb appeal, and we expect that it's going to be a very desirable neighborhood, hence some of what brings us here today to talk about the income amendment to the PUD. So a little background for you, and I'll turn it back to Amanda. CHAIRMAN FRYER: Thank you. MS. MARTIN: Thank you, Lisa. Again, Amanda Martin, for the record. I'm going to go ahead and give a brief overview of the project history and details of the request before you today. Page 5 of 48 Packet Pg. 9 January 5, 2023 5.A.a The Kaicasa PUD is a 100-acre parcel located in Immokalee on the north side of State Road 29 directly east of Farm Workers Village. The PUD was originally approved in 2007 and, as Lisa mentioned, there's current construction activity happening. The project is located in the high residential designation on the Immokalee Future Land Use Map which allows a maximum density of eight units per acre; however, the ordinance in 2007 was approved for a density of four units per acre. So I know you were intending to build a little under 300 units, but it's actually approved for 400 units on the site currently. Affordability commitments were made in the PUD, but the applicant did not receive any bonus density in exchange for that. It's also noteworthy that all of the units in the PUD are subject to the affordability commitments, not just a portion of the units, which is typically seen. A lot has changed in the last 15, 16 years since this PUD was approved, including the housing market, the vision for the Immokalee community overall, and the intentions and mission of Habitat for Humanity. This PUD amendment will bring the housing commitments up to date with the current conditions. Two changes are requested to the affordability commitments; however, there are no changes requested to the master plan, the density, or the uses already approved. The first request is to revise the income level served from at or below 60 percent of median income to serve at and -- or including and below 120 percent of the area median income. This commitment to make sure all units are subject to affordability was voluntary from the applicant and, again, no bonus density was received for this commitment. By expanding the income level served, this change brings the PUD commitment up to date with the current policy of Habitat for Humanity which is to provide homeownership opportunities that are affordable to a mix of income levels. As I mentioned, the economy and the goals for the Immokalee community as a whole have changed since 2007. Specifically, the recently adopted Immokalee Area Master Plan aims to provide a mix of housing types and price points. By broadening the income levels served in this PUD amendment, it supports the housing goals in the Immokalee Area Master Plan by providing housing units at a mix of price points. The second request is a bit more straightforward. It's to increase the affordability commitment from a period of at least 15 years to 30 years from the date of CO. By extending the time frame, it will ensure the long-term affordability commitment to homeowners. These proposed changes maintain the commitment to affordability within the Immokalee community as stated in the PUD and allows Habitat for Humanity to expand homeownership opportunities to a broader range of income levels. And with that, we appreciate staffs very thorough review of this application and their recommendation for approval, and we respectfully request this board's recommendation for approval. CHAIRMAN FRYER: Thank you. Vice Chairman. COMMISSIONER SCHMITT: Thank you. Certainly totally support this proposal. I just have one question. If you could, for the public, how do you control the 30-year time frame to assure that for 30 years this is -- remained affordable? Say, for sales, future sales, or whatever, a homeowner sells is to another homeowner. I want to make sure that there's mechanisms in place. I know there always has been, Lisa, but there are mechanisms in place to assure that there is oversight and control when property's transferred to a new homeowner. MS. MARTIN: I'm going to let Lisa speak to that. COMMISSIONER SCHMITT: Thank you. She was eager to tell us anyway. MS. LEFKOW: Everybody should know the answer. So it's a great question. Lisa Lefkow. So we have a couple of tools/instruments that we use. Again, we are the lender, so we Page 6 of 48 Packet Pg. 10 January 5, 2023 5.A.a hold the mortgage. In the mortgage there are a couple of clauses that assist in maintaining the affordability period and making sure that we don't lose inventory, which is critical. I mean, part of the problem today is that we lose inventory in the affordable arena when commitments expire, primarily. You know, we're talking about rental communities. For Habitat, we have the right of first refusal, so we're always going to work to make sure that we are able to purchase a home that is ready to be sold. But in addition to that, we also use -- we use some layered loans, a strategy of layered loans that allows lower income families to get into their homes with an affordable payment that may include a deferred or a balloon mortgage, so that would assist in ensuring that the property comes back to Habitat. And then, thirdly, we do have a shared appreciation agreement. So any appreciated value is shared over the life of the loan between Habitat and the home buyer. So there's really no incentive to sell. But let me also say that over our 45-year history, only a small handful of families have ever sold their homes. And, generally, we've been able to purchase those homes back. So we've had very little turnover into the open market. So we work very hard to maintain that long-term affordability and inventory. And, obviously, when we purchase a home back, we're going to renovate the home, bring it up to our like -new standard, sell it, and restart that affordability period. Our mortgage term may run longer than the 30-year affordability period. So that, obviously, is maintained. COMMISSIONER SCHMITT: I certainly don't want to deny the current homeowner an opportunity if the home appreciates. MS. LEFKOW: Right. COMMISSIONER SCHMITT: And they share in that appreciation, just like anybody selling a home today would certainly have an opportunity to at least get hopefully appreciation. But thank you. Thank you for that answer. And it's clear to me. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: I guess I don't see how this helps diversity. I get confused. You're going from 60 percent. Now everybody's going to be 120 percent. And you can say you're going to have diversity, but you have no requirement to have diversity. So we've just -- this is a massive change to me in terms of affordable housing where now you're saying everything had to be under 60. Now it's up to 120, and I think you're actually not really doing a great job at affordable housing. Would you entertain an idea of putting in brackets, a certain percentage in certain ranges, so we still get some 60 percent, some 60 to 80, and not just automatically just be bumping up against the 120 all the time? MS. LEFKOW: Certainly. What I can tell you is that, absolutely, that is our process. So today we actually don't have any homeowners that have purchased a Habitat home who earn more than 80 percent of the area median income. Our focus is 80 percent and below. It is that low-income wage earner, because there's -- there's very little option for them. So that -- that remains our primary focus. The idea of allowing some flexibility really is forward thinking. What we know is that our entire community is challenged, and so we know that the missing middle, that 100 to 140 percent of area median income, is equally challenged in finding access to affordable homeownership. So what I can tell you is that I -- you know, if I were to look in the crystal ball, my guess would be, my vision would be that there would be a small percentage of folks that would be making somewhere between 80 and 120 percent of area median income that would purchase their homes in Kaicasa, but that does create a bigger mix of income -- incomes earned in that neighborhood. So it gives a little wider spread. Certainly, we're going to continue to focus on families that are making lower incomes. Most of our properties -- most of -- I should -- let me go back the other way. Most of our Page 7 of 48 Packet Pg. 11 January 5, 2023 home buyers at the very low side of the income spectrum need assistance from you. So they need down payment assistance through the SHIP program or through HOME. Sometimes we have a grant on the entire property which determines what the income levels will be of everybody in the neighborhood. So we absolutely have that variety of income levels. This is the first time that we'll actually open up the possibility of working with families of a little higher income. But I certainly see the vast majority of buyers in Kaicasa being that primary focus for Habitat, which is making less than 80 percent of the area median income. COMMISSIONER SHEA: So if a developer came back in here 15 years after making an agreement and decided they wanted to make, again, what I believe is a massive change in terms of what you're committing to, as a champion of affordable housing, would you recommend we accept that? MS. LEFKOW: So given the economy today -- COMMISSIONER SHEA: But AMA [sic] accounts for -- MS. LEFKOW: -- and the economy of 2007 -- COMMISSIONER SHEA: But you have an adjustment with AMA for the economy. MS. LEFKOW: Well, certainly -- COMMISSIONER SHEA: AMI, I mean. MS. LEFKOW: -- each year the AMI is adjusted, absolutely. I can tell you right now at 60 percent of AMI, we would not be able to sell homes. And the math just simply doesn't work to build homes and be able to sell them to families making -- to all families making less than 60 percent of AMI. The economics of construction today are very different than the economics of construction in 2007. And what's happened is the delta between AMI and cost has grown significantly over time. You know this. I'm not telling you anything new. So this is what is really pushing for us to increase our focus in Kaicasa. Today Habitat for Humanity, our mission internationally, so governed by our charter with Habitat for Humanity International, is to work with families making less than 80 percent of AMI. Back in 2007, it was 60 percent of AMI. But even the international parent has recognized that the economics of that just don't work any longer. COMMISSIONER SHEA: What has taken it so long to get to this point? I mean, that's a long time from the time you had approval to the point you're building, and you're just finding this out. And I guess -- and the secondary question is, if it's 80 percent, why don't we just go to 80 percent as your mission? MS. LEFKOW: Yeah. So it's a good question. Again, we're forward thinking. So we're looking into the future. And we're hearing the desire and the need in the community of serving a wider portion of our workforce. You're talking about teachers and first responders and folks that are young professionals in this community. They make more than 80 percent of AMI, but they still have no place to enter into the homeownership market in Collier County. So we are simply responding to what we have been hearing for many years. I can't tell you how many conversations I had with Commissioner Fiala who said, why can't you build for higher income families? And our charter, again, with Habitat for Humanity International really governs that. So this -- this is forward -looking. It is, again, making sure -- it's going to take some time to build 218 homes and to qualify families in Immokalee to purchase those homes. And we know that over the course of the future, it may be that there are families who make 100 percent of AMI who are the young teachers serving the school district in Immokalee or our fire fighters who are in the Immokalee community, our Sheriffs deputies who are in Immokalee who would be -- who would want to have a home in Kaicasa. We know that the desirability will be high. We know that as Oil Well is getting built out, that the service needs of Ave Maria and Sky Sail and other communities coming online are going to increase the need for housing out in the eastern section of the county. And we believe that this community will be very desirable for that reason. Page 8 of 48 Packet Pg. 12 January 5, 2023 5.A.a So having a wider -- an opportunity to work with a wider variety of, again, service industry workforce members is simply a healthy -- and we believe creates a better, more desirable community. I can guarantee you, Commissioner, that there will not be 100 percent of families in Kaicasa who are earning 120 percent of the AMI. MS. ASHTON-CICKO: Mr. Chairman. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: First of all, I'm going to ask for Ms. Ashton and then Commissioner Sparrazza and then Commissioner Klucik. COMMISSIONER SHEA: Can I finish? CHAIRMAN FRYER: Yes, go ahead and -- finish, and then we'll go in that order after you finish. COMMISSIONER SHEA: So what you're saying, basically, is there's not a big opportunity in the county for homeownership if you're less than 60 percent. They're kind of confined to a rental scenario, because that's where you see it going? MS. LEFKOW: So we do certainly sell homes to families making less than 60 percent of AMI. About a third of our -- of our deliverables each year are sold to families making less than 60 percent, and the remainder that would be, you know, between 60 and 80 percent of AMI. COMMISSIONER SHEA: So would you accept some kind of graduated scale? Rather than just 120 percent with no real enforcement capabilities for lower levels, would you accept a bracketed, like, certain amount 25 percent less than or equal to 60, another in the 60 to 80, and then kind of a bracketed? MS. LEFKOW: Yeah, I certainly would consider the difference between 80 and 120 percent. This is often what you've asked for of for -profit developers. Remember, we are not a for -profit developer, and our mission is affordable housing. So when you talk about, you know, an uncertainty about how this impacts affordability, that, sir, is our sole mission. And we are at this moment, and for many years, have been your only provider of affordable homeownership. You've got lots of folks building rental communities, and you've got some affordability agreements with them. Primarily, you know, they're providing a deliverable of something like 20 percent of their units at a maximum that are available to, often, folks making less than 120 percent of AMI with the rest being market rate. So, yes, I certainly would consider saying, you know, we'll set aside something like 20 percent of the community that would be available to that higher income and the vast majority that would be -- I'm sorry. I actually want to flip that and say that we would have 20 percent that would be at that lower income so that we have the flexibility in the neighborhood. But, again, remember that our mission is to provide access to affordable homeownership for low wage earners. So, you know, we're not a for -profit builder. I'm not here saying we've got to sell, we've got to increase our margins. That's not what we do. We lose money with every house that we sell. So I appreciate your support in making sure that this can be a viable project so that we can continue to serve the community and we can continue to build healthier and more economically diverse communities. This will be the first time that we will have this level of diversity or the opportunity for this level of diversity in a community. CHAIRMAN FRYER: County Attorney Ashton. MS. ASHTON-CICKO: May I ask Ms. Lefkow a few questions? CHAIRMAN FRYER: Of course. MS. ASHTON-CICKO: To clarify -- CHAIRMAN FRYER: Certainly. MS. ASHTON-CICKO: Good morning. MS. LEFKOW: Hi. MS. ASHTON-CICKO: Is the density of this project four units an acre? COMMISSIONER KLUCIK: Mr. Chairman? Page 9 of 48 Packet Pg. 13 January 5, 2023 CHAIRMAN FRYER: Yes, Commissioner Klucik. I want to let -- I want to let Ms. Ashton finish. COMMISSIONER KLUCIK: Yeah, I just think it's inappropriate for the attorney to be asking questions. This is our chance, and then we can ask for her opinion. But, you know, I don't understand why she would be asking questions. She's the -- you know, there to give us advice, not to -- you know, I don't understand why we would open this up for questions from -- MS. ASHTON-CICKO: Well, I was trying to get it from her, but it is on the record that this is a four -unit -an -acre project. CHAIRMAN FRYER: Let me respond to his question. By tradition, we have always been very liberal in hearing from the County Attorney. Now, whether we should continue that tradition is something that we can talk about. For the purposes of today and this morning, I'm -- it's going to be my ruling, if you will, that we allow the County Attorney to speak pretty much anytime the County Attorney wishes to do so. But then if -- when we get to new business, if we want to talk about changing that going forward, that would certainly be appropriate, because we do have the authority and control over our agenda. Having said that, Ms. Ashton. MS. ASHTON-CICKO: Thank you, Mr. Chairman. I just wanted to make clear on the record that you -all understand that this is a four -unit -an -acre project which does not have an affordable housing agreement. If I say anything wrong, please let me know. This commitment must have been offered by Habitat at the hearing, and now they're seeking a modification of it. Thank you for just letting me make that clarification so you all are clear on it. And if you'd prefer me not to assist, please let me know, and I'll refrain from requesting to speak. CHAIRMAN FRYER: Well, if it be the wish of the Planning Commission to talk about that, we'll do so under new business. But for the purposes of leading up to that, it's going to be my decision that we're going to continue with the tradition that we've always had. MS. ASHTON-CICKO: Thank you. CHAIRMAN FRYER: All right. Commissioner Sparrazza and then Commissioner Klucik. COMMISSIONER SPARRAZZA: Thank you, Mr. Chairman. Good morning and welcome, Ms. Lefkow. I appreciate your telling us the wonderful story that Habitat is trying to deliver to this community. I'd like to ask a technical question which I may need to also ask the county for some assistance in. I apologize to my fellow commissioners if this is known 100 percent. But as I reviewed what I can regarding AMI, let me put together a proposal -- and please help educate me or correct me on this. For simple numbers, we'll state AMI is 100,000. You wish to bring your AMI commitment up to 120 percent, meaning 120,000. Is there any starting point? Well, as you said, it's tough for anybody under 60 percent. So we'll say it's the full change up to 120, correct? MS. LEFKOW: Correct. To qualify to purchase a Habitat home, there is a minimum qualifying income, which is $30,000. So based on family size that is, you know, approximately 30 percent of the AMI. COMMISSIONER SPARRAZZA: Okay. Are there different percentages of a discount if a family has an AMI of, we'll keep it simple, 80 percent? They're able to purchase the home for X amount. If that family has an AMI of 100 percent, is that amount that they're purchasing that exact same home different? MS. LEFKOW: So that's a great question. So, again, because we are the bank, we have a unique financing model. We sell our homes at 1 percent below the appraised value. So today appraised value of homes that we're currently building in Naples is between 305- and $315,000. That is the sales price. But our commitment to our buyers, to our qualified buyers, is that their monthly payment will be no more than 30 percent of their income. So we work, then, the model Page 10 of 48 Packet Pg. 14 January 5, 2023 5.A.a from income to payoff. So the first mortgage, which is an interest -free mortgage, so this is important in the deliverable of affordability, right? No interest is computed. First mortgage, which includes the escrow payment for property taxes, homeowners insurance, flood insurance when required, and association dues, that monthly payment is no more than 30 percent of their income. So we take what remains after the escrow is removed from their affordability level, and that becomes their principal payment. No interest. We multiply that over however many months it's going to take to pay off the purchase price. If that extends beyond 38 years, then we'll take a portion of what remains and put it into a balloon payment that is -- that is payable at sale or refinance of the home. If there still remains a delta that cannot be accomplished in affordability, then that becomes a forgivable loan. So we hold the -- we hold the equity. We lock the equity so that they can't flip the house and make money, but we'll lock that equity up in a forgivable loan that goes away at the satisfaction of the mortgage. COMMISSIONER SPARRAZZA: Great. So in a simple statement, because that's how I try to look at things, somebody making 60 percent of the AMI and somebody making 80 percent of the AMI, the family household that's making 80 percent is actually going to be paying more per month for their home to help offset the true costs of the 105- [sic] to $115,000 [sic] home that they're purchasing. MS. LEFKOW: You got it. COMMISSIONER SPARRAZZA: So there is a little bit of a sliding scale throughout the entire AMI range up to 120 percent, correct? MS. LEFKOW: Absolutely. Nobody will pay more than 30 percent of their monthly gross income for their housing payment. COMMISSIONER SPARRAZZA: Oh, 30 percent is the max that they pay? MS. LEFKOW: Max. COMMISSIONER SPARRAZZA: Very good. Thank you. CHAIRMAN FRYER: Very good. Commissioner Klucik. COMMISSIONER KLUCIK: Thank you. And let me just start by saying, I'm certainly not opposed to hearing from counsel when they think, you know, there's something we need to know. But in this case we have, you know, Commissioners that are, you know, waiting to ask questions, and I think it would be more appropriate for -- you know, for -- to give deference to the commissioners and to -- you know, in this case, I think we already had the information. But, you know, I appreciate that the attorney was trying to be helpful, and I don't want, you know, any misunderstanding of that. What I would say to begin with, ma'am, is that your organization is certainly lauded for all the great work they do. And as you can hear from our questions, one of our concerns is that, you know, you're kind of one of the hopes for the people at the lowest end for housing and, you know, affordability for homeownership, and we're nervous, I guess, concerned that by inching it up, you know, that sort of -- that's not a good thing, because we all know how hard it is for people to buy homes. And so we'd like -- you know, you're one of the primary, you know, providers to help make that American dream possible for people at the lower end. So that's -- you know, obviously, I think you -- hope you understand that's the genesis of, I think, our questioning on these income limits. I would say, though, that I really need to understand better -- and I think this is actually what the counsel was trying to help us with. So the history here -- and, you know, maybe -- anyone on staff can jump in on this to clarify so that I can ask a better question, you know, of our applicant. Is the history here that right now there is a no income limit, or there is an income limit in Page 11 of 48 Packet Pg. 15 January 5, 2023 5.A.a its present form? Before we, you know, act on this petition, is there an income limit right now? MS. LEFKOW: Do you want to answer that, Amanda? MS. MARTIN: I think Mike wanted to -- CHAIRMAN FRYER: Sixty percent. MR. BOSI: Mike Bosi, Zoning director. As required by the PUD -- and this was a requirement that was initiated by the applicant when they originally rezoned this petition, that the income level be restricted to those making 60 percent of AMI or less. COMMISSIONER KLUCIK: Is there a right to use this property for something other than what it's currently shown in the PUD? Is there a right to change that and to abandon that plan or no? MR. BOSI: You have a -- any property owner has the right to request alternative land uses. I'm not sure -- COMMISSIONER KLUCIK: But right now --right now, though, it actually --there is a restriction? MR. BOSI: Yes. CHAIRMAN FRYER: It's a PUD right now, and the PUD has a 60 percent limitation in it, and there was no density granted in exchange for that very low AMI. COMMISSIONER KLUCIK: So what we have right now -- because what I'm trying to get at is I'm assuming, then, that we actually can impose -- or the County Commissioners can impose an income limit, and could -- we have every reason under, you know, the restrictions that we have at our level, as well as, you know, the County Commissioners, we could impose an income restriction, and that's what I'm getting at. I'm assuming that's true. CHAIRMAN FRYER: Well, we can make whatever recommendations that we see fit to make by majority vote. So the answer, I think, to your question is yes. COMMISSIONER KLUCIK: Right. And then the County Commissioners could actually say, no, you can't go higher than 80, or you can't go higher than 100 percent? CHAIRMAN FRYER: They could. COMMISSIONER KLUCIK: Right. Okay. So that's -- what I'm inclined to do is to -- you know, to suggest that -- you know, I'm just not convinced that going up to 120 is a good thing because we all know that there's just such a need below that. I certainly understand going higher than 60 because I think there's a lot of people that are hurting between 60, you know, and 120 or -- you know, and 100 or 80, and that's kind of what I'm thinking is that maybe -- you know, maybe the 120 is just too high. But -- and I'd like to hear from the applicant, you know, about that. I mean, I know you've already addressed it in some degree, but do you understand that concern that you're kind of the great white hope for the people at the lower end? MS. MARTIN: So I'll just reiterate again that these were voluntary commitments. Typically, the petitions you see before you are just a portion of the project. It is given bonus density in exchange for affordability commitments. The applicant has dedicated all units in this project to these affordability commitments. So it's not just 10 units coming before you for affordability. It's every home built on this site. So it's a really large inventory. And I also wanted to reiterate, the Immokalee community has requested a broader range of pricing in housing availability. The Immokalee Area Master Plan, I attended those meetings in the community. It was very clear that they're not looking to just only serve those lower income, but a mix of income levels. And Lisa has stated several times that the lower income levels, the below 60 percent, below 80 percent are still being served by this project. It's just having the flexibility that you don't have to turn somebody away who is making the area median income. You know, they have the flexibility to just offer homeownership opportunities to a wider range of people. And as Lisa had mentioned, that historically that they have served those at 60 percent or Page 12 of 48 Packet Pg. 16 January 5, 2023 5.A.a lower. Recently it's changed to 80 percent or lower is the Habitat International standard. I think Habitat is a trustworthy applicant. They historically have done this in the past, and they will continue to do it in the future. CHAIRMAN FRYER: Thank you. County Attorney Ashton. COMMISSIONER KLUCIK: I wasn't done. CHAIRMAN FRYER: I'm sorry. COMMISSIONER KLUCIK: If you want to wait. CHAIRMAN FRYER: Please, go ahead. COMMISSIONER KLUCIK: I mean, if the attorney wants to inform the discussion, I'm happy to hear from her. CHAIRMAN FRYER: I'm sure she does. MS. ASHTON-CICKO: I just want to clarify the standards of review here. Unless the applicant agrees to change their request, this is a quasi-judicial proceeding based on substantial competent evidence, and should you decide to deny, I'm going to need a basis for denial based on the findings -- on the PUD findings and rezone findings in your staff report, because this is a quasi-judicial proceeding as opposed to a legislative action like a Growth Management Plan amendment that has a lower standard of review. CHAIRMAN FRYER: I understand. Certainly, we are a recommendatory advisory body only to the Board of County Commissioners. And staff makes its recommendation. We can make our recommendation. And if it varies from the application, we will, indeed, state reasons for why that is the case. I think reasons have already been spread on the record, but we can go even further if needs be. Commissioner Shea. COMMISSIONER SHEA: Commissioner Klucik was -- COMMISSIONER KLUCIK: Well, as I said, I wasn't done. CHAIRMAN FRYER: Oh, I'm sorry. Sorry. COMMISSIONER KLUCIK: Yes. CHAIRMAN FRYER: Please continue, Commissioner Klucik. COMMISSIONER KLUCIK: So, ma'am --the lady who just answered my question, are you with Habitat? MS. MARTIN: No. I'm Amanda Martin. I'm with Johnson Engineering. COMMISSIONER KLUCIK: Right. Okay. But you're representing the applicant? MS. MARTIN: Yes, sir. COMMISSIONER KLUCIK: Okay. Right. You're on their team. Got it. Okay. So I guess the concern is, obviously, that, you know, you don't have to make a profit and you can serve these other communities. A specific question, then, from me is, so let's say you have somebody at 70 percent or 80 percent or 90 percent of the income, and they buy the house. What happens 10 years down the road when they want to sell it? What actually is the process by which, you know, and the restriction that they have, you know, 10 years later? MS. LEFKOW: So thank you. Thank you for your question. Lisa Lefkow. So as I mentioned before, we have a variety of tools that we employ to make sure that all inventory remain in the affordable arena, but there are times that a home goes outside of that when Habitat waives the right of first refusal, would allow a homeowner to sell their home on the open market. I can tell you that that happens very rarely. In reality, it happens very rarely that a Habitat homeowner even has a desire to sell their home. Where are you going to replace an affordable payment, and where are you going to replace an interest -free loan or buy a beautiful home like Habitat builds? So it doesn't happen very often but there are, as I mentioned before, a couple of other tools that we employ, including the right of first refusal and the shared appreciation agreement that Page 13 of 48 Packet Pg. 17 January 5, 2023 5.A.a would provide additional incentive to sell that home back to Habitat so that we can renovate and sell it to another qualified buyer, maintaining it in our inventory. COMMISSIONER KLUCIK: Okay. Thank you. That's a -- that answers my question. I guess what I would say to my fellow commissioners -- and, Counselor, I might even be inviting your comment. I guess I would like to know exactly what we're going to hang -- you know, if we're going to disapprove this because we think -- or recommend disapproval because we think, you know, there should be a different income cap, I would like to know precisely what -- you know, what those are since it is quasi judicial, and it seems as though we have to be very clear about that so then the County Commissioners, you know, can hang their decision, you know, on -- you know, on -- you know, they already know exactly, you know, what they can make their decision on if they choose to go that route. CHAIRMAN FRYER: Ms. Ashton, do you want to reply? COMMISSIONER KLUCIK: Thank you. MS. ASHTON-CICKO: Would you repeat the question, please. CHAIRMAN FRYER: Commissioner Klucik, could you repeat the question, please. COMMISSIONER KLUCIK: Yes. I guess I would simply want us to be clear if we're going to say, well, we recommend disapproval because -- you know, because we think there should be this other income cap scheme, you know, percentages or whatever we want to say. If that's going to be our recommendation, which is essentially a denial because we think the applicant needs to change, you know, their position, then I think we would need to be clear about the legal basis for that. And sometimes we are clear. Sometimes it is implicit. In this case I'm having trouble seeing what we would hang our -- since it's quasi-judicial, I would have trouble understanding what the basis to say -- you know, I understand the policy basis, that we think it would be better policy to limit -- you know, to have 60 percent be -- you know, half of the properties need to be 80 percent and below. CHAIRMAN FRYER: Just to clarify before I turn to Ms. Ashton, I don't think anyone is at least voicing an intention to vote to disapprove. I think there are some comments being made about approval with conditions which is something we do typically very often. Ms. Ashton. COMMISSIONER KLUCIK: Right. But if we put conditions on it, then we're essentially disapproving what the applicant wants to do, and then they would have the basis, you know, to say, well, you know, what was the reason for not -- you know, for the lack of approval. It was -- if it was because the conditions weren't going to be agreed to, then what we would have is, you know, we would be acting outside of our quasi-judicial authority. And I realize that's -- you know, I'm kind of all of a sudden deciding that's really important when we vote on these things all the time. The reason I'm bringing it up is because I'm kind of scratching my head wondering what our basis would be to say, no, you need to change it, other than trying to prod the applicant into agreeing to the modification. CHAIRMAN FRYER: Ms. Ashton, do you want to have a word? MS. ASHTON-CICKO: Sure. We have had situations where the Planning Commission has recommended approval with conditions, and the applicant did not agree to those conditions on the record, and the applicant did not agree with those conditions when it went forward to the Board. CHAIRMAN FRYER: One Naples. MS. ASHTON-CICKO: So in that instance, the Board makes its decision based on the substantial competent evidence before it. If your question is when we make a recommendation and our recommendation -- is our recommendation going to be legally defensible, that's a little bit more tricky because if the record doesn't support that they have not met the conditions and criteria in the petition/staff report/testimony at the hearing, then we have a more difficult basis. We don't really have a valid basis for denying the petition. Page 14 of 48 Packet Pg. 18 January 5, 2023 So it's kind of tricky. COMMISSIONER KLUCIK: Yes. And that's what I'm -- that's what I'm concerned about is here I understood with One Naples what the valid bases to say no were, and so we put conditions on there that -- you know, that I think -- you know, the idea was we suggested conditions because we thought those would help meet the legal requirement and take away that -- you know, that basis to say no or mitigate the basis to say no. Here I look at this and I don't see any reason -- at this point I don't see any reason we could justify imposing conditions, you know, as part of our recommendation. And so I guess I would say that I would like us, then, as commissioners, to have a very specific discussion if we are going to do that. I realize no one has actually said we want to do that, but right now if it was up to me and this was legislative rather than quasi-judicial, I would say, no, I want you to cap it at 100 or 80. You know, that's just what I feel. I think 120's too high. But I don't feel like I have a basis to try to impose that on the applicant. I think the applicant is within their right under the rules right now, and that's all. And if I'm missing something, hey, you know me, if you help me understand that I'm wrong, I want to know. I don't want to make my decision based on my false understanding. And so I would love to have that discussion. That's all. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Wow. I'm not sure where to go with that. I mean, I think we have a basis. The basis is we have an agreement, and somebody wants to change it. We don't have to agree to it, and we'll come to the reasons why if we make that decision. But going back to what Heidi was saying, I guess I don't fully understand, when we approve a development that has, say, 20 percent affordable housing, there's an affordable housing agreement that's signed between the developer and the county; is that what I'm hearing? And that agreement becomes -- MS. ASHTON-CICKO: Not necessarily. You've seen a lot of different options. You know, in our LDC, there's currently a procedure to have an affordable housing agreement and get bonus density, okay, for affordable housing. You've also seen Growth Management Plan amendments that bypass that process and approve affordable housing in exchange for -- COMMISSIONER SHEA: Something. MS. ASHTON-CICKO: -- getting density. So you're bypassing it. I think the current affordable housing that we have in our Land Development Code is too -- is restrictive, and that's possibly why the developers are trying to go an alternate route and, essentially, they're saying this is what I'm going to offer, and staff, you know, tries to get them to give as much as they can during the Growth Management Plan amendment process. COMMISSIONER SHEA: So the enforceability is in the amendment. There's no separate agreement. I'm trying to -- I'm confused. There's no agreement that they have, because they are -- MS. ASHTON-CICKO: Correct. COMMISSIONER SHEA: -- actually in that business of affordable housing. MS. ASHTON-CICKO: Correct. COMMISSIONER SHEA: So where's our guarantee that if it's -- if it's 120 percent, that it will be 120 percent? What's the county's guarantee like you would have a developer? MS. ASHTON-CICKO: There is none. At this point they could do all of them at 120 percent if that's what the maximum is. COMMISSIONER SHEA: What keeps them from going over, the fact that that's in the amendment? MS. ASHTON-CICKO: Well, if they go over the 120 percent, then it's a code Page 15 of 48 Packet Pg. 19 January 5, 2023 5.A.a enforcement case if somebody were to complain. COMMISSIONER SHEA: Okay. MS. ASHTON-CICKO: So I -- you see a lot of affordable housing in different forms. I mean, you've seen it in the three forms: One, the affordable housing agreement; two, the Growth Management Plan amendment; and the third that you're seeing now is you're seeing applicants come forward to place a restriction on themselves voluntarily. You've seen that with a couple projects now that have recently gone through. And so that's what this applicant has done as well is created their own restriction, and now they're asking to change it. CHAIRMAN FRYER: Thank you. COMMISSIONER SHEA: Okay. CHAIRMAN FRYER: Anything further, Commissioner? COMMISSIONER SHEA: No. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: Yeah. Let me go back to --I want to just highlight on what Paul said. 2004, of course, I was the administrator of Community Development/Environmental Services, whatever it's called today, Growth Management Division or Growth Management Department. But at that time -- I probably should have made that a matter of record -- my position in the county, I was responsible for when this first came through the rezoning process. There is not -- there is no affordable housing density bonus agreement on this. That's clear. It was stated on the record affordable housing, but there was never any question about whether it would be complied with or not, because that's the business model of Habitat. The Habitat has a board. They answer to the board. If they exceed those limits, that's a -- that's an operational issue that you, Lisa, would have to answer to your board, and there are certainly measures in place to preclude exceeding any of the requirements, number one. So the business model is clear, and it's been successful for 40 -- MS. LEFKOW: Forty-five years. COMMISSIONER SCHMITT: -- 45 years. The second piece, and Amanda stated it very clear and succinctly, Immokalee is not to be the recipient of 80 percent and below housing. That was -- it's not the intent. I'm looking about environmental justice, if you want to go down that road, economic diversity. The 120 percent, I am confident that you and your board or those who screen applicants will take into account to ensure that there is diversity across the board. I'm concerned about the fact that -- Habitat did focus on 60 and below, 80 and below. Yeah, it becomes a concentration of low-income housing, and I don't think we want that. I'm also concerned, and I've always been concerned, let's see you have a teacher and firefighter, they're not going to make -- and they're both making the income, they're not going to meet the requirement. They're at -- they're probably at 70 or 80 or 90 percent of the AMI or the average median income. So I don't want to mark -- I don't want them to be priced out of this market. There's sweat equity that's involved in this. There's a very clear process of going through applications, the amount of hours, typically, what, 60, 90,1 can't remember the hours. MS. LEFKOW: Five hundred. COMMISSIONER SCHMITT: Oh, 500. Okay. That's just a small amount. So I totally disagree with any adjustment to this. I think that Habitat has the capability to manage this to ensure economic diversity, and if there's a proposal to change it, I will not support it. CHAIRMAN FRYER: Thank you. At this point, no one else is signaling, so I'm going to take an opportunity to ask a question or two, if I may. There have been repeated publications of news stories over the Christmas holidays and new year about how you've broken ground, and it was clarified for me in my meeting with staff that Page 16 of 48 Packet Pg. 20 January 5, 2023 5.A.a this was by authority of the current laws, which I understand. But as you continue to complete your construction, you're going to have to make decisions about square footage, number of bedrooms, et cetera. Are you -- what I want reassurance on is that you're not asking to construct exactly the same products for twice the income level, are you? Are you going to change the internal composition of these units? MS. LEFKOW: The model of Habitat for Humanity -- CHAIRMAN FRYER: Yes. MS. LEFKOW: -- is to provide access to housing affordability. We do that through our financing model, not by adjusting the product. So, yes, all homes in Kaicasa are slated to be very similar, three -bedroom or four -bedroom. There are only two models either in a triplex or quadruplex design. But, yes, all homes are slated to be exactly the same. What allows affordability is, again, our financing model. CHAIRMAN FRYER: Okay. I understand that. My question, though, is, if you were completing this project based upon the current zoning, would these be exactly the same kind of dwelling units with the same number of bedrooms just reserved for people who have much less income? MS. LEFKOW: Quite frankly, if we decide to -- if you decide to leave the PUD restrictions as they are, we would stop building. We cannot economically build and provide a deliverable with such a vast delta between access to affordability at 60 percent of AMI and the cost of construction today. CHAIRMAN FRYER: Okay. So it has a lot to do, then, probably with inflation and sources of supply? MS. LEFKOW: It has everything to do with the economics of construction. CHAIRMAN FRYER: Okay. MS. LEFKOW: And so just a reminder that allowing us to build for a higher -income family makes the opportunity more available for families at the lowest end of the income spectrum. So the economics make a huge difference when we have some families that can afford a higher monthly payment than families who are making $30,000 a year. COMMISSIONER SCHMITT: Right. CHAIRMAN FRYER: So -- and I'm trying to deal with Commissioner Shea's question and his concern, which I think needs to be addressed. If -- well, if the Board of County Commissioners for some reason -- I don't expect this would happen, but if for some reason they denied your application for this PUD amendment and you were stuck with 60 percent, would there be a way to construct a different product that was, perhaps, more modest and get greater density, perhaps ask for greater density in exchange for the 60 percent, which you would have every right to do; in other words, just a different program? Now, maybe you'd say that's not the business you want to be in, but that's possible for you or for another owner, would it not be? But probably not 60 percent with three- and four -bedroom units. MS. LEFKOW: I can't imagine. CHAIRMAN FRYER: Okay. MS. LEFKOW: We work very hard to find an appropriate balance between community desirability. We want to build a product that is desirable that will increase pride of homeownership and long-term success of associations and neighborhoods. We want to build a product that the community embraces that is not looked at upon as affordable housing. We don't want to provide something that the community 10 years from now is going to say, oh, that's turned into a slum. So that's critically important to provide something that is desirable, but we also work very hard to provide the economics of construction. So value engineering. And I can tell you, sir, that we have gone over construction plans again and again and again in this PUD. I believe there was a request -- Commissioner Schmitt, you may recall that there was a request to include garages -- Page 17 of 48 Packet Pg. 21 January 5, 2023 5.A.a COMMISSIONER SCHMITT: Yes. MS. LEFKOW: -- which is not our model. And so we have had to add a garage to this product based on earlier review and request. CHAIRMAN FRYER: I think everyone in this room lauds the work you do, and we're all very, very grateful that you're here doing it. I just -- 1wantedtobe sure --well, let me say it a different way. Ordinarily when these affordable housing projects come in, as you very properly mentioned, they're being sponsored by for -profit organizations, and when someone in the for -profit world says, this is 80 to 120, we know that that means this is 120 flat. There are not going to be any 80s. So, you know, we come with a predilection of sorts that doesn't clearly apply to a 501(c)3 charity like Habitat for Humanity. So I think the question gets down to whether we as a Planning Commission are willing to rely upon you being faithful to your charitable mission and you not being of the character of a for -profit developer to the degree that we do not have to suggest further conditions such as bracketing. And I'm going to want to hear a little more about that. And I think at some point there are going to be some motions, and there will be discussion upon them, and we can have that discussion, and we can also revert back to Commissioner Klucik's concern about what the scope of our authority is. I think that might have been a little premature, but if and when we get a motion that puts that directly in place, I think it will be very important for us to dig a little deeper into the extent of our role. Anybody else want to be heard on this? (No response.) CHAIRMAN FRYER: All right. Thank you, Ms. Leflcow. Anything else from the applicant? MS. MARTIN: I think that's it. CHAIRMAN FRYER: Okay. Thank you. Then we'll turn to and ask for staff s recommendation, please. Mr. Bosi. Oh. Or Ms. Gundlach, whoever. MS. GUNDLACH: Good morning, Commissioners, and Happy New Year. CHAIRMAN FRYER: Happy New Year to you. MS. GUNDLACH: For the record, I'm Nancy Gundlach, prin -- ooh, Planner III with the Zoning Division. And, Commissioners, staff is recommending approval of the Kaicasa PUD amendment. CHAIRMAN FRYER: Thank you. MS. GUNDLACH: You're welcome. CHAIRMAN FRYER: Before I call for questions, and I know you haven't had time to really think about this or develop an official policy, but you've heard some comments up here about having -- having levels or brackets of affordability. Does staff want to take a position on that and, if so, what would that position be? MR. BOSI: Mike Bosi, Planning and Zoning director. The basis of this request related to the increasing the AMI to be served is based upon flexibility. If this was a profit developer, there would be market rate and affordable units. It's not the case. This is Habitat for Humanity. Maybe staff is guilty of being too generous in understanding the mission of Habitat. We understand that they serve under 60. We understand that they serve under 80. They're looking to expand the pool just because of availability to be able to occupy the housings. Staff is comfortable with the flexibility that the 120 is providing within this -- within the request, but staff does understand the Planning Commission's concern of requesting, say, a minimum of 60 percent be at under 60 or whatever the stratification would be. And if you were -- if you were to make that type of a recommendation, the way that you would defend that is you would -- you would say that the Housing Element of the Growth Management Plan provides Page 18 of 48 Packet Pg. 22 January 5, 2023 5.A.a for a policy to promote the provision of affordable housing at the various levels. The material you've been presented over the years from staff that is the greatest of need is the low and the very low, and based upon that, based upon the connection between the GMP, the rational nexus to provide for the various levels, the recognition of the material that says that it's the very low and the low that are the most underserved and the most in need, you could justify that type of a recommendation. So you're covered by the protection of the Growth Management Plan, which is your highest regulatory document, and you could also, like, you know, address your concerns that there will be attention to that under 60 at a 20 percent if that's what you feel that's appropriate. But I would say that the more regulatory flexibility that you give to Habitat, I think, is probably a better approach at the end of being -- making sure that each one of these units can be served and be occupied on a regular basis and serve the greatest number of people. CHAIRMAN FRYER: I think that -- that's an exemplary answer, because it gives us exactly what we want -- what we need if we decide to go to recommending stair steps. I'm not there yet, but at least I think you've hit it squarely on the head. We have a legal justification, as you so articulately put forth, if we want. But I'll say it again, I'm not there yet. Commissioner Schmitt. Vice Chair, sorry. COMMISSIONER SCHMITT: Yeah, I'm trying to -- because we closed the public hearing, but I just have one other question, because Lisa just brought it up on the affordability, of the economic viability of the constructing this project. And so can I ask again -- ask her a question? CHAIRMAN FRYER: Sure. We haven't closed public hearing yet. COMMISSIONER SCHMITT: Oh, I'm sorry. Lisa, at a 60 percent level, factually, I guess I'm trying to understand, how many people can actually qualify to meet the mortgage requirements at a 60 percent level? I would have to assume at today's prices -- I'm not sure what these home sales are going for. And, yes, we did -- I can recall mandating the garage and other things that drove up your costs, and those were concerns raised by commissioners because of the, quote, perceived appearance of these communities. But at a 60 percent level, is it -- is it -- I would assume it's pretty much a struggle for someone to meet the payments to qualify. MS. LEFKOW: So, again, at 60 percent of AMI -- COMMISSIONER SCHMITT: Yeah. MS. LEFKOW: -- the only avenue for a buyer to get into affordability is for us to provide some sort of subsidy. COMMISSIONER SCHMITT: That's correct. That's what I thought. MS. LEFKOW: So sometimes it comes from you through county down payment assistance -- COMMISSIONER SCHMITT: Yes. MS. LEFKOW: -- SHIP, HOME. Sometimes it's through the work that we do with a CDBG grant or other grant opportunities that assist in offsetting the cost. Sometimes it comes right out of the Habitat's pocket. In most cases that is true. So for a family making 60 percent of AMI, they cannot afford a $300,000 home purchase without subsidy. COMMISSIONER SCHMITT: Yeah. Because I would say -- I mean, I'm thinking 20 years ago your average cost was about 125,000. MS. LEFKOW: Oh, less than that. Twenty years ago we were at under 100,000. COMMISSIONER SCHMITT: Yeah. So today you're at 300,000? MS. LEFKOW: Today our cost of construction is between 235- and 250,000, but our model is to sell at the appraised value, but we use that forgivable loan to lock up the equity. COMMISSIONER SCHMITT: Yeah, again -- MS. LEFKOW: The delta there. COMMISSIONER SCHMITT: --that just further enhances my --or at least my argument Page 19 of 48 Packet Pg. 23 January 5, 2023 5.A.a of broadening the scope so that you have diversity in the community. We've talked for years about inclusionary zoning, all the other types of things that we've talked about, and my good friend back there Cormac remembers those days. And I think just broadening the opportunity for people to qualify is better for the Immokalee area. I just don't want Immokalee to be entirely a 60-percent-and-below community. That's not what we want. And I would trust that Robb would agree, because it's right out his back door of Ave Maria. So, again, thanks. CHAIRMAN FRYER: Thank you. MS. LEFKOW: Yeah, so thank you, Commissioner. If I may -- CHAIRMAN FRYER: Go ahead. MS. LEFKOW: -- just to reiterate, our mission is to provide access to affordable homeownership -- COMMISSIONER SCHMITT: Right. MS. LEFKOW: -- to families making less than 80 percent of AMI. That has been our mission for 45 years and will remain our mission for the next 45 years. COMMISSIONER SCHMITT: The door will not shut. MS. LEFKOW: The door will not shut. COMMISSIONER SCHMITT: They can still come in and ask. MS. LEFKOW: We are simply forward thinking and responding to what we've been hearing from you and from the wider community that there is nobody providing access to homeownership to that missing middle income. And so we were saying, let's see if this is the moment when Habitat may be able to expand its ministry, may be able to offer greater economic diversity in a neighborhood bringing long-term success. Our mission remains exactly the same. We've done this for 45 years. We are going to continue to focus on serving those with the greatest need. And the way we evaluate need is based on income, ability to repay the mortgage, willingness to partner, and determining where they are currently living and the quality of current housing, which I can tell you in Collier County today is heartbreaking. COMMISSIONER SCHMITT: Yeah. CHAIRMAN FRYER: Ms. Lefkow, I'm glad you used the word "ministry." It reminds me, of course, that you're an ordained clergy person -- MS. LEFKOW: Yes, sir. CHAIRMAN FRYER: -- and that this is truly a ministry of yours, and we have the utmost respect for that. In effort -- and I don't believe I'm interested in falling on my sword over this, but if there is an opportunity to bring everyone together on something that would be by consent of the applicant and would meet the approval of the applicant and also garner, perhaps, a unanimous vote up here, you've mentioned the 80 percent number. Would there be a percentage that Habitat would agree to offer to 80 percent and under? MS. LEFKOW: So, respectfully, you would not be asking the same of a for -profit builder. CHAIRMAN FRYER: We wouldn't even get to this point. A for -profit builder would have been thrown out of the door on this stuff, believe me. We are bending over backwards because of your charitable mission. But if you say no, you say no, and we'll just take a vote and see how it goes. MS. LEFKOW: Once again, it is our mission. And I can tell you that my vision is that the vast majority of buyers in Kaicasa will be making less than 80 percent of the area median income. Respectfully, I would like to ask for the flexibility to allow some of those buyers to be of slightly higher income. I really don't want to put a cap or a percentage rate on that because I don't want to be tied to the fact that I'd have to deliver some number of homes to higher income families. CHAIRMAN FRYER: Well, I'm not asking that, no. MS. LEFKOW: So -- Page 20 of 48 Packet Pg. 24 January 5, 2023 5.A.a CHAIRMAN FRYER: What I'm asking -- MS. LEFKOW: So let's just move forward with the flexibility that we're asking for with the understanding that our mission is unchanged. Our mission remains to work with families making less than 80 percent of the area median income. CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Commissioner Klucik, then Commissioner Shea. COMMISSIONER SHEA: The challenge is -- CHAIRMAN FRYER: Let Commissioner Klucik go first, because I can't tell -- I mean, I don't know when he's signaling. Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: Thank you. And on that point, what I would say -- I appreciate that last dialogue. What I'm hearing -- and maybe -- you know, maybe you can, you know, confirm -- that what you're really asking for is while you're focusing on your 80 percent and below you also have the reality that sometimes it would be, you know, both for -- to make the project more viable as well as to serve, you know, another portion, another segment of the community that also has housing affordability needs, that you also want that flexibility, and you also don't want it to be cumbersome. You want it to be simple. So if you just make it 120, then because you have a -- Habitat has a track record of serving, you know, the lower end of the bracket, that we would be trusting you with your track record to keep it focused on the lower end of that bracket, and I think that's what I'm hearing and, I guess, if you could speak to that. MS. LEFKOW: Well stated. said. CHAIRMAN FRYER: Yeah. COMMISSIONER KLUCIK: Thank you. CHAIRMAN FRYER: I agree. I think you accurately summarized what the witness Commissioner Shea. COMMISSIONER SHEA: I guess to me if you were a developer, we would be asking a lot more of you, in my mind. CHAIRMAN FRYER: Mine, too. COMMISSIONER SHEA: And, again, it has nothing to do with the organization. It's one of the best things that has happened to the county in terms of affordable housing. But your mission is 80 percent. Your goal is 100 percent of the houses will be below 80 percent AMI. So what if we just said you agreed that at least 35 percent of them would be below 80 percent. MS. LEFKOW: I would not be uncomfortable with that. But once again -- COMMISSIONER SHEA: It seemed like it would give you a lot of diversity. MS. LEFKOW: -- you know, we're complicating a very simple request. I am asking for the trust of our 45-year track record and our work together in this community, reminding you that we are at this time the only provider of access to affordable homeownership for low- and very -low-income families. And so I respectfully -- you know, we put a lot of time and effort into this request and into the determination of what the request would be. It may not be that the economics of Collier County will continue as they are where we have no inventory for that missing middle. If somebody else comes to town and starts building and targeting the 100 to 120 or 80 to 120, I'm out. I have much more important work to do. So, absolutely, you have my commitment that our focus -- and if you want to put a percentage cap on it, I'm resigned to that. CHAIRMAN FRYER: Okay. Thank you. Let's see. Anything further from the Planning Commission for staff, because that's where Page 21 of 48 Packet Pg. 25 January 5, 2023 5.A.a we were? (No response.) CHAIRMAN FRYER: If not, Mr. Youngblood, anybody in the public wish to be heard? MR. YOUNGBLOOD: Mr. Chairman, I don't have any registered speakers for this item. CHAIRMAN FRYER: Thank you. With that, we will close the public comment portion of the hearing, and now the matter falls into our hands for deliberation, discussion, and ultimately a vote. And -- COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Before we start that -- and I'll call you first, Mr. Klucik. It's 10:19, and whatever we do, I want us to have a break at 10:30. If we can get a vote by then, fine; if we can't, we need to come back. Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: So you already said that there was nobody in the room that wanted to speak? CHAIRMAN FRYER: Correct. COMMISSIONER KLUCIK: Okay, great, great. Well, you know, at whatever point I'm happy to make a motion when -- but I don't want to do it prematurely. CHAIRMAN FRYER: Okay. Well, let's open the door for discussion up here at the dais. Commissioner Shea and then Vice Chairman Schmitt and then Commissioner Sparrazza. COMMISSIONER SHEA: Although I do have the total amount of confidence that they will follow their mission, I think if other people were dealing with them a little differently and relying on the trust of their track record, which is fine, I would propose we modify it to a maximum of 120 percent and a minimum of 35 percent below 80 percent, not 60 percent. Go to their mission of 80 percent. Their mission is 100 percent. All I'm saying is do 35 percent below their mission goal. I mean, 35 percent. CHAIRMAN FRYER: Thirty-five percent below 80? COMMISSIONER SHEA: Below 80, not 60; 80. CHAIRMAN FRYER: Okay. Okay. Are you putting that in the form of a motion? COMMISSIONER SHEA: Yes, sir. CHAIRMAN FRYER: All right. Is there a second? (No response.) CHAIRMAN FRYER: All right. It's going to fail for a lack of second. Anything further, Commissioner Shea? COMMISSIONER SHEA: No. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: Yeah. Again, by putting the restrictions on, I just don't know how it will be enforced other than put the burden on the county to try and -- through PUD monitoring or any other type of entity, to assure some kind of compliance. I trust the mission of Habitat. I believe their board is going to make sure that it is diverse as far as applicants and those who qualify. I think, for some reason, if we try and put it -- impose some kind of restriction, again, it sounds great, but how will you enforce it? CHAIRMAN FRYER: Mr. Bosi. COMMISSIONER SCHMITT: Do you want the reports, yearly reports? MR. BOSI: Housing and Human Services has a monitoring component within their staff, and each one of our PUDs -- it's not through our PUD monitoring of Growth Management. It's through our housing staff that regularly monitors the PUD commitments that we've seen in a number of our projects that have the 20 or 22 percent of affordable housing. But, you're right, it does become a little bit more of a burden, and it becomes cumbersome. But we have staff that regularly maintains and calls to make sure that the percentage that is mandated within our individual PUDs are being maintained. Page 22 of 48 Packet Pg. 26 January 5, 2023 5.A.a CHAIRMAN FRYER: Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. I'd just like to make a simple statement that I'm not sure there's a better assembled set of folks, a body, than Habitat for Humanity to self -govern what their mission is. They have done an amazing job previously, just as fellow Commissioner Schmitt had said. There's probably not a better body of people assembled to continue on their path. I believe what they've put forward is what we should agree with. Thank you. CHAIRMAN FRYER: Thank you. No one else is signaling at this time. I'd entertain another motion if someone wishes to make one. COMMISSIONER SCHMITT: I make a motion. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead, Commissioner Klucik. He had asked. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. I would move that we approve this as petitioner -- in its current form we recommend approval. CHAIRMAN FRYER: Thank you. COMMISSIONER SCHMITT: I second the motion. CHAIRMAN FRYER: It's been moved and seconded that the petition be approved and recommended to the Board of County Commissioners in its current form without change. Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you very much. And congratulations. Thank you to Habitat. Thank you, staff. Thank you, Planning Commission. It's 23 minutes after 10. Let's take a 10-minute break until 10:33, please. We're in recess. COMMISSIONER SCHMITT: Lisa, put in double time for that. We were supposed to be done at 9:30. (A brief recess was had from 10:23 a.m. to 10:33 a.m.) CHAIRMAN FRYER: Ladies and gentlemen, let's reconvene, please. We've moved our way through Section 9 of our agenda. That takes us all the way to old business, Section 10. ***We have a second draft of the 2022 Comprehensive Administrative Code amendments before us for another review on our part. You will recall, at least all of us except Commissioner Sparrazza will recall, that we reviewed and commented on the first draft back on December 17 of 2020, and at the conclusion of that review and comment, we unanimously passed a resolution giving staff some points of guidance and asked that the amendments be brought back for our further review and comment, which is where we are today. I'm not sure whether my colleagues were able to review the minutes of our December 17, 2020, meeting, but I did so, and earlier on I'm going to offer some excerpts from those minutes to perhaps -- so we can remind one another of at least what our thinking was back over two years ago. So after Mr. Henderlong provides a brief opening presentation and before we begin Page 23 of 48 Packet Pg. 27 January 5, 2023 5.A.a discussion or ask questions on the second draft, I'm going to exercise the prerogative of the Chair and just read some brief excerpts of our previous meeting that I think will help refresh all of our recollections of what we said and what we did back then. And having said that, Mr. Henderlong, a brief opening introduction, please, sir. MR. HENDERLONG: Good morning, Commissioners, and Happy New Year. My name's Richard Henderlong. I'm a Planner III with the Growth Management Department of the Planning and Zoning Division. The comprehensive Administrative Code that is here before -- to be presented to you today, it was last reviewed, as the Chairman indicated, in May of 2020, and it represents the efforts of numerous divisional staff members ever since 2019. So we're moving rapidly into the fourth year. Before we begin the review, we thought it would be -- a brief PowerPoint presentation would be given for the benefit of particularly new commissioners and on the comprehensive Administrative Code background. There's multiple slides on that, and that's how I'd like to begin the presentation. CHAIRMAN FRYER: Okay. Please proceed. MR. HENDERLONG: Okay. Whoop, whoop, whoop, I already messed up. Bear with me for a minute. I've got it right up here. I was trying to open it and make it enlarged. How do I enlarge that? Right up there. That's what I did. There we go. Thank you, Andrew. All right. As mentioned, this is the 2022 comprehensive Administrative Code update. Four years ago it was shown to you and represented as the 2019 comprehensive code update. All right. The Board adopted Ordinance 2004-66 on October 12th -- I've got a typo there -- of 20 -- 2004, which created the Administrative Code pursuant to Section 125.74, Florida Statutes, 2004, that is maintained by the County Manager. It was subsequently amended by the ordinance through Ordinance 2013-57, which established the comprehensive Administrative Code for Land Development Code. It is comprised of 14 chapters. There have been 12 amendments since the Board adopted it in 2013, with the most recent change by Resolution 2022-06 -- 036 in order to establish a review process for the limited density bonus allocation. These amendments occur as a result of -- which have been updated or modified by the LDC, and represent specific procedures for various land -use petitions. The Administrative Code serves to consolidate and identify those procedures for the approval to develop under the Land Development Code. It further describes the application contents, the review process that is followed by county staff and the advisory boards and, if required, a public notice requirement and the associated approval process for it. On April 28th, 2020, the Board directed staff to review the 2019 comprehensive Administrative Code update with the Planning Commission prior to the Board adoption. So on September [sic] 17th, 2020, the Planning Commission reviewed the comprehensive update, offered several recommendations, and requested staff to bring it back and address points of discussion which are listed in our -- in your memorandum that we submitted as Attachment 1. After the CCP's [sic] review since 2020, the Board had initiated COVID-19 protocol, organizational changes, and then Hurricane Ian occurred in 2022 which contributed to the delay in bringing it back to the Planning Commission. So the way the formatting is for all the chapters, you'll notice, of the 14 chapters, are primarily procedures. Overwhelmingly, they're all related to procedures, and I won't go into the detail, but this lists for you the headings for each of the sections of the -- or each of the chapters. Next, we like to talk about amendments and conflicts, how they work. Pursuant to the ordinance, all amendments, additions, revisions, or modifications are made by resolution to the Board and adopted by majority vote of the Board at a regular or special meeting. Ever since 2004, this has been the same approval process followed by the County Manager for more than 18 years. Next, changes to reviewing agencies and contact information and website are all allowed by the code administratively by the County Manager. Typographic errors, scrivener's error, Page 24 of 48 Packet Pg. 28 January 5, 2023 5.A.a corrections which do not affect the intent of the code provision are authorized by the County Manager or the designee, being staff, without the need of further public hearing by filing a corrected copy of the same with the Clerk of the Court. So you will see updates on the website periodically for -- that occurs, but the original -- there will always be an indication on the first page of that comprehensive Administrative Code to see that you've got the current update. We always file that with the Clerk of the Board. When the Administrative Code conflicts with the LDC or GP -- Growth Management Plan, the LDC -- and as we all know, the GMP always shall and will prevail. So what is new in our presentation today is that I've highlighted -- there are three chapters that are highlighted in bold. Those are the new ones that you have not seen before or reviewed before. So the first one back on Chapter 1 D.2, GMD public portal, that you saw and was reviewed in May of 2020. So I'm just --rather than repeat them all here, all the others --we did make a change under Chapter 4 P, landscape plans, on Page 158 from the rewrite, and now that's in your packet, is a process that deals with -- the landscaper plans are to utilize the county's native tree and plant list that was added since you had last seen it. Going back above -- I jumped ahead of myself -- under Chapter 3 CA, conditional-use/comparable-use determination, Page 46, you reviewed that on August 18th, 2022, and it is now scheduled for the Board on January 24th, later this month. In particular, under subsection applicability, staff is now proposing adding the words "at a specific [sic] location" after these words, "a conditional-use/comparable-use determination shall be used to determine at a specific [sic] location," et cetera. Further in that subsection identified as application contents I ID on Page 47, we're adding the word "parcel" after the word "subdivision unit lot and block." On Chapter -- I already talked about Chapter 4 P. Chapter 4 Q is a brand-new section. It's nonresidential boat -dock construction identified on Page 187. This is a new section that was relocated from Chapter 3 B, subsection under -- for initiation. It is intended to and does clarify, at the time of an SDP, its own separate application contents, the evaluation of criteria, and the procedural requirements pursuant to the Land Development Code 5.03.061.3. Next, Chapter 5 D.2 is construction plans and final subdivision plat amendments. That was added in the rewrite and had been reviewed by the Planning Commission. The next chapter is 51, easement -use agreement, identified on Page 233. That was added in a rewrite and reviewed by the Planning Commission. Its purpose is to provide for the application contents, the review process, and the recording of easement -use agreement. Next, Chapter 8 G is the agent letter. You had seen that and reviewed it in May 20 -- yeah, May 20 -- got the dates wrong there. Chapter 9, the Hearing Examiner has been modified. That is a new section, and we focused on that because we added textual changes to multiple sections based upon recommendations from the Hearing Examiner that need to be addressed today immediately and are approved by the County Attorney's Office. The last chapter is Chapter 14, Appendix B. In there we have a new flowchart that at the last meeting the Planning Commission had asked that we add to provide guidance for how the process works for the Hearing Examiner's Office. So since the review in 2020, a general description and the list of all the specific chapters and sectional editions, be they substantive or not substantive, are highlighted in yellow and included by attachment in the memorandum identified as Attachment 2. We also had identified since May of 2020 that staff -- there were certain inconsistencies between the LDC text and the Administrative Code text, and we determined to remove any of the ambiguity or the misinterpretations of it, that the Board has to resolve that in a future LDC amendment. They involve a -- usually -- typically a respective reviewing agency, a decision maker, and public notice and public hearing requirements. They are identified in your memorandum as Attachment 3. So our recommendation is that staff would move forward with the support of the Page 25 of 48 Packet Pg. 29 January 5, 2023 5.A.a comprehensive Administrative Code amendment and accept them as presented today. And I do have some tweaking language after our meeting with Chairman Fryer to carry forward these suggestions to the Board as depicted in the staff memorandum on Attachments 1 and 3, meaning that 3 is primarily the document that we will use for making LDC changes in the future, and that will be brought back before the members of the Planning Commission at a later date. And then in Attachment 1 I'll go over a couple of comments there, or however you'd like to proceed, Chairman Fryer. CHAIRMAN FRYER: Well, let's -- before we get into greater detail -- and I appreciate the way you've laid out the predicate for us -- I would like to, again, exercise the prerogative of the Chair to quote briefly some of the comments that we up here made indicating what our feelings were about this at the time. And, even more importantly, County Attorney Jeff Klatzkow made some very significant guiding comments in those -- that meeting, and it appears in that transcript that I want to have particular emphasis on when I read these to you. So I'll be brief, but I'd like to proceed at that time. And then we can get into the details of the proposed changes. And I must say I have a number of concerns about those, but I'm not going to get into them until I open it up for all planning commissioners to comment on. So this goes back to the December 17, 2020, Planning Commission meeting and that -- this presentation was led by Jeremy Frantz who, of course, is no longer with us, but that's for the benefit of those who are new, that's who Mr. Frantz is. So quoting Mr. Frantz: Good morning. Jeremy Frantz, for the record. What we're doing with this update is really just trying to bring the 2013 version of the admin code up to date. We're updating a lot of references, titles, citations. We're correcting processes that have changed over time, end quote. So that was why that came before us. And I'll just say parenthetically now, I have no problem with any of the changes that have been made at that level. The problem I have is when they get into substantive changes. Back to the minutes. Commissioner Vernon: So why did the Board of County Commissioners delegate it to us to sort of analyze this? Commissioner Klucik: The Board was just being prudent. They prefer when staff brings things through the Planning Commission to get filtered here and then go to them rather than the staff going directly to the Board of County Commissioners. It's not just this item. It's everything. Commissioner Vernon: Perfect. Thank you. Commissioner Fry: I think because it was remanded to us by the BCC, that implies they would like us to look at it at some level of detail. Commissioner Schmitt: I, again, commend the Board. Every one of these procedures are the underpinnings of what we do in our review process. And I think -- I think for that reason, probably, is why the Board said, let's have the Planning Commission look at it, because every one of these are elements that we deal with. Then Commissioner Fryer, Chairman Fryer: My question has to do with the relationship or the scope of jurisdiction of the Planning Commission versus the Hearing Examiner, and that is my main concern today. I go on: First of all, the conflict that exists with 10.02.13.E of the Land Development Code, this will create a conflict between an existing Land Development Code provision and a brand-new junior document if we approve this and the Board of County Commissioners does. Going back to the way Mark Strain handled this, as I recall, he was conservative and would err on the side of sending something to the Planning Commission if it seemed to him to be controversial or something where a more full and formal hearing should be held by a greater number of recommenders or decision makers, and that seemed to work pretty well. Mr. Frantz: 10.02.13, as you mentioned, doesn't identify the Hearing Examiner there for the PUD insubstantial changes. And I will say parenthetically that that section right now of the LDC gives that authority Page 26 of 48 Packet Pg. 30 January 5, 2023 5.A.a exclusively to the Planning Commission. Going back to the transcript. Mr. Frantz: I don't want to speak for the current Hearing Examiner, but my understanding is that unless he -- something is abundantly clear that it shouldn't be heard by him or that he hears something from a particular commissioner, the commissioner of that district says, then he's inclined to hear all items -- all items that come before him. Commissioner Vernon: The Planning Commission doesn't seem to have any influence on him. Chairman Fryer: But based upon Mr. Frantz's reporting, it sounds like a new hearing examiner is looking for a conflict of interest and that that may be the right standard. But what I want to point out is that that's not the standard that Mark Strain used. Mark erred on the side of caution. If Mark felt that a matter was controversial, he would -- he would send it over to the Planning Commission, and I think that worked pretty well. Now, here's the most important stuff coming from County Attorney. Mr. Klatzkow: The issue does fall under your powers -- and he was talking to the Planning Commission -- because at the end of the day it derives from the LDC, all right. If you want to relook at the issue as to what a hearing examiner does and what you do, that's your prerogative. That's part of the LDC. That's what you do. And you can direct staff on this issue to come back, and then you can have a full discussion of it -- what you guys want to look at. What do you think the Hearing Examiner should be doing? Then Commissioner Shea said: How would we ever know whether we think we should be looking at it is part of my point. It seems like an awful lot of power to put in the hands of one individual. Commissioner Vernon: Yeah. Commissioner Vernon continuing: If it's a discretionary issue it almost, in my mind, should be staff with the power of Planning Commission to override the decision. The staffs probably going to have a better sense than anybody of whether it's going to be controversial. They should probably make that first call, and there should be a baseline. Like, hearing officer hears these, and we hear these. That should exist. But in the middle ground -- in the middle ground, it seems like the staff should give it its thought if maybe we should be hearing it or not, but we have the final decision. Mr. Klatzkow, the County Attorney: If you want, staff can simply, before bringing a matter to the Hearing Examiner, just say, okay, these are the matters that we tend to bring to the Hearing Examiner. You could review them. If you want to hear any of them, you can pull it from a hearing examiner and hear it yourself. And those -- stuff that you don't want to hear, because they're minor, would just move onto the Hearing Examiner. I mean, I can give you a history of the Hearing Examiner if you want, but, you know, it was never meant to supplant the Planning Commission. Commissioner Vernon, he expressed: A little bit of concern, all that decision making is in one hearing examiner. Commissioner Schmitt: The Hearing Examiner was really created for items that were pretty much noncontroversial, you know, kind of binary. It's yes or no. Chairman Fryer: I think we would like staff to come back with a recommendation perhaps with more specific criteria when something goes to the Hearing Examiner and when something comes to the Planning Commission. Mr. Klatzkow: And keep in mind, I would want a fail-safe built into the LDC because there may come a point in time when the Board of County Commissioners decides it no longer wants a hearing examiner, and so a lot of this stuff you'll see is either you or the Hearing Examiner. Commissioner Shea: I don't see why we can't approve the agenda. In other words, if there's an agenda going to the Hearing Examiner of items, why can't we see it and say we agree or don't agree so at least we have notice and we can look? Because we're -- right now we're operating in the dark. We don't know what the Hearing Examiner's doing, and that scares me. Page 27 of 48 Packet Pg. 31 January 5, 2023 5.A.a Mr. Frantz: Well, I think that when we come back, we could show you all the items that the Hearing Examiner currently hears. Then Commissioner Homiak: I sometimes look at what goes to the Hearing Examiner, and I have seen a few times when there's things that we have heard not that long ago in a PUD, and they're going there for a change, and sometimes it's something that we specifically put in that PUD as a stipulation. And Mr. Eastman: And my sense was that Mr. Strain was trying to reduce the amount of work that this body had to do and that some of these things that the Hearing Examiner would hear were ministerial, binary, noncontroversial, and that when Mr. Strain found something where even one member of the public raised an objection, he knew that there was some type of controversy, he would bring it to the Planning Commission. Chairman Fryer: I think he had a very good intuition about that and was able to flag things that should be heard by us. The vast majority of things that the Hearing Examiner hears really are noncontroversial and don't need our attention, but I think -- it sounds to me like the Hearing Examiner, perhaps, has a different view of his role that may not be 100 percent in sync with how we see our responsibilities. And I'm coming to the end here. Commissioner Schmitt: I'll go back to the origin of the NIM. The perception that the developers were getting away with everything, and the public wasn't informed, but understand that the NIM is the applicant's responsibility. It is the applicant's meeting. Staff is in no way, shape, or form supposed to carry the water for the applicant. It's not a staff -run operation. It's the applicant, and the applicant's responsibility alone, because they are informing the public, and it's to prevent any perception by the public that the staff is a proponent of the proposal. They were not meant to be the moderator. They were only meant to -- well, I guess what is the word you could use? But just to make sure that it was conducted in accordance with the procedures as outlined in either the LDC, the Land Development Code, or the administrative procedures. Commissioner Vernon: My point is the written transcript. As long as the applicant and not the government or the staff is paying for it, the written transcript, I completely agree with Commissioner Fry, is the best. A video is a nice supplement because sometimes things do not appear in the transcript. Chairman Fryer: I'm going to try to tick those off and be sure that we're all on the same page. With respect to future amendments to the administrative procedures, that the CCPC be built in as a layer of review before it goes to the BCC. Number 2, two points with the HEX. Somehow correct the inconsistency or ambiguity between the LDC and the administrative procedures as to who has what role. And the third point, also having to do with the HEX, is how do we decide which matters would come to us and which to the HEX? Now, of course, the Hearing Examiner is not allowed to sit on the Planning Commission anymore, so there's more distance between us and him. So those first three points, the third point dealing with speaker identification -- the fourth point rather. We call the staff person -- we call the staff person the facilitator, but the emphasis is on neutrality and to enforce the Land Development Code or to see to it that the administrative procedures in the LDC are being followed by the applicant. Finally, there's a strong preference for a written concept -- transcript, rather, as between an audio and a video. A preference for video. Did I cover anything lost? Then I'd entertain a motion that we ask staff to address those points with a revised proposal. All those in favor, please say aye. It was unanimous. And that's what I wanted to bring to everyone's attention to perhaps refresh recollection. And at this point, I'd ask the Planning Commission if they want to in any way address or correct the history of this before we move forward and deal with where we are today, now would Page 28 of 48 Packet Pg. 32 January 5, 2023 5.A.a be a good time to do that. Planning Commission? COMMISSIONER SCHMITT: Nope. CHAIRMAN FRYER: Mr. Henderlong, back to you, sir. MR. HENDERLONG: Thank you, Chairman. I'd like to put up on the screen the Attachment 1 which talks about staff response to Planning Commission recommendations. Give me a minute. I'm not that technologically smart. Okay. I think Attachment 1, yep, here we are. It's coming up. Let me enlarge that a little bit. Okay. Thank you. On the first question that we had, build in a layer of review with the Planning Commission before it goes to the Board/BCC. We agree on that. We would carry that request to the Board for their direction. CHAIRMAN FRYER: Would that, then, be staff recommendation as well? MR. HENDERLONG: Yes. CHAIRMAN FRYER: Okay. Thank you. MR. HENDERLONG: Two, on the correct -- correct the inconsistency and ambiguity between the two codes. That was the purpose and the intent of the Attachment 3 that identifies where we are inconsistent. We went through an exhaustive analysis of looking at the LDC code and seeing where those inconsistencies were, and we have identified that for you in Attachment 3. So we will bring that to the Board and tell them we need to move forward with a future LDC amendment to correct that. And that will be brought back to the Planning Commission -- CHAIRMAN FRYER: Here's my issue -- MR. HENDERLONG: -- after it's heard by DSAC and the other entities that are required. CHAIRMAN FRYER: Thank you. Here's my issue with that. We're being asked to approve a junior document now that conflicts with the senior document, and it's going to continue to conflict with the senior document. And I -- I am uncomfortable with that approach. I think that we should be seeing both the LDC amendments and the Administrative Code at the same time with a final reading to come back when you have the language. And, obviously, you're very close to the LDC language. I understand you've got to go through DSAC and its subcommittee, and there need to be publications. I get all that. But I just feel very uncomfortable about approving a junior document that is facially inconsistent with a senior document and leaving the senior document in place. We should do all these at the same time. It's been two years; another few months isn't going to hurt. Anybody else want to be heard on that? COMMISSIONER SCHMITT: I would agree. COMMISSIONER SHEA: Me, too. COMMISSIONER SCHMITT: I would agree. I mean, this is an administrative document. That's all it is. It's the Administrative Code. The LDC still carries legally; is that correct? I mean, this is nothing more than administrative. They would have to follow the LDC. MS. ASHTON-CICKO: Correct. And there is something that says if there's a conflict, the LDC prevails. COMMISSIONER SCHMITT: Right. MS. ASHTON-CICKO: But I think the issue of what Mr. -- Chairman Fryer's objecting to is the role between the HEX and the CCPC which is just simply not addressed, which it goes to, in the LDC. CHAIRMAN FRYER: That's certainly my main issue, but -- COMMISSIONER SCHMITT: That needs to be cleared up, and that needs to be succinctly defined in the LDC because, again, to use the words that you used -- I mean, the HEX was to be nothing more than to do minor -- MR. HENDERLONG: Commissioner Schmitt, we're on the same page with that. COMMISSIONER SCHMITT: Yeah. MR. HENDERLONG: I think the fundamental concern is that, being at four years on this, Page 29 of 48 Packet Pg. 33 January 5, 2023 5.A.a that that is such a substantive discussion. It's going to take quite a bit of time to work out the relations between how the HEX and the Planning Commission look and decide what elements of each land -use petition that you want to see as opposed to what he has been in the past looking at, and we believe that's a big -- MS. ASHTON-CICKO: See, I think there's some confusion on the procedural history of this comprehensive Administrative Code that staff did in 2019 that went to the Board in 2020, was continued several times, and, ultimately, it resurfaced during COVID. You actually voted on it and wanted staff to come back and address all the issues that you've raised. So I think there's a mixing of expectations because Commissioner Taylor remanded it back and didn't want to proceed. I don't know what the outstanding issue was, because it was during COVID, and the people that the conversation was among are not here. So this was voted on, and -- but then it never went through approval for the Board. So your expectation is they addressed all those issues, and they're still trying to just get that original amendment through. CHAIRMAN FRYER: Yeah. And I think -- the reason that I made the effort of reading excerpts from the transcript is to try to clarify what our expectations were and, as the County Attorney points out, my main concern is over allocation of responsibility between the HEX and the Planning Commission. And just to cut to the chase, my recommendation is going to be that it lie with the staff, not the Hearing Examiner. The current language has the Hearing Examiner, in his discretion, deciding, which I think is not a good idea at all. And if I were the Hearing Examiner, I would not want that responsibility, because the Hearing Examiner's paid by the hour, the number of hours he works on a job, and if he's creating work for himself, if that's not the appearance of a conflict, I don't know what is. So, I mean, that's the bottom line on where I am. But getting back to process, what I want to see -- it's been two years. It can be a few more months. And it can be -- I realize it can be delayed or it can be hastened, and that's in the hands of staff. And I think what I'm hearing, at least, is the Planning Commission wants you to move as hastily as you can with all deliberate speed, as the expression goes, take it through DSAC, do what you have to do, bring back LDC amendments and a third draft so that we can see how these things interplay rather than having to approve this junior document that's less significant and just hope for the best on the senior document when it comes rolling down the pike. MR. JOHNSON: Mr. Chairman? CHAIRMAN FRYER: Yes, sir, go ahead. MR. JOHNSON: May I just offer you a few thoughts? CHAIRMAN FRYER: Go ahead. MR. JOHNSON: Oh, for the record, Eric Johnson, planning manager. So we have a document before you that's over 300 pages. I think if I -- if I could interpret everything correctly, you have an issue with a minority number of the pages. And with -- we will want -- we want to address everything that the Planning Commission has an issue with. CHAIRMAN FRYER: I'm going to interrupt you to cut to the chase. MR. JOHNSON: Sure. CHAIRMAN FRYER: If you want us to approve changing department, division, typos, things that are strictly procedural, I'm all about doing that today, but a lot of stuff in here is not at that level. It's higher than that level. MR. JOHNSON: Understood. That's what I was suggesting is that -- CHAIRMAN FRYER: Okay. I can live with that. MR. JOHNSON: Okay. CHAIRMAN FRYER: I don't know about the planning commissioners. MR. JOHNSON: And also -- also -- again, sorry to interrupt. With respect to our conversation the other day about the NIM and the audio and the visual and the video transcript, we're going to have a future LDC amendment coming through the system Page 30 of 48 Packet Pg. 34 January 5, 2023 5.A.a prettysoon. So a lot of that discussion will be addressed in the very near future. I just wanted to kind of just suggest, you know, we have a lot of pages here that could go forward in a draft resolution to the Board of County Commissioners. So I just wanted to offer that suggestion. That's all. CHAIRMAN FRYER: I am fine with that conceptually. The problem is, I want to be sure that we are in agreement as to what is absolutely uncontroversial like changing "department" to "division," and vice versa, and changing nomenclature like that versus things which in any sense someone could reasonably argue is significant. And I have a suggestion. If it -- if the Planning Commission would give me leave to take a look at what you're going to submit to the Board of County Commissioners, and if I agree with you that it's all stuff that is noncontroversial, if the Planning Commission would allow me to have that authority, I think we could take something to the Board of County Commissioners in January. And I ask the planning commissioners to weigh in. It's kind of unusual, so I'd like to hear from you. COMMISSIONER SCHMITT: I would agree with that, because those are just administrative changes. The other -- some of the ones I think we need to make sure that the LDC matches was the compatible -use issue. You do have an LDC amendment coming back for that, as I understand? MR. JOHNSON: The comparable -use determination, that actually was reviewed by this commission back in August, and we're bringing that LDC amendment forward to the Board of County Commissioners on January -- COMMISSIONER SCHMITT: But we have a significant change -- those are the significant changes I think we've got to hold until we have the LDC amendment codified. CHAIRMAN FRYER: And I'm of one mind with you, Vice Chair. COMMISSIONER SCHMITT: I agree, so -- but these other -- COMMISSIONER SHEA: But he's saying we already saw those, though. MR. JOHNSON: Yes, you have. MR. HENDERLONG: You already passed on it. CHAIRMAN FRYER: I know, but they belong in the LDC, not in the administrative procedures. MR. HENDERLONG: In terms of timing, with all due respect -- okay. Wait a minute. MR. JOHNSON: Yeah. Let me just clarify. Eric Johnson, for the record. The LDC amendment related to the comparable -use determination, that was brought forward at a nighttime hearing in August. It included a Land Development Code amendment as well as the Administrative Code amendment that was kind of a companion item. You voted on it, recommended approval. It's going to the Board of County Commissioners January 10th for first reading. The second reading is January 24th, which will include a resolution for the Administrative Code amendment that you already reviewed on August 18th. CHAIRMAN FRYER: All right. Let me hear from you, then, the definition of comparable use. MR. JOHNSON: Well, that -- CHAIRMAN FRYER: Three parts to it. MR. JOHNSON: I understand where you're going. CHAIRMAN FRYER: So, please, I want to hear it from you. So if we -- if we're in agreement, then I'll concede the point. MR. BOSI: The question that I have for the Planning Commission is there was LDC amendments and associated land -- and Administrative Code changes that were unanimously approved by the Planning Commission in August. Do you feel that those somehow are no longer supportable? CHAIRMAN FRYER: I want to be sure that we're talking apples and apples. And I have asked staff to tell me the three points of this document that you believe we agreed. And if I agree, Page 31 of 48 Packet Pg. 35 January 5, 2023 5.A.a then I'll concede the point. MR. BOSI: We can pull -- CHAIRMAN FRYER: But the language in this material is vague. It's -- in some places you only use two points. MR. BOSI: The language in this -- the language in this material doesn't reflect the changes being proposed within the proposed LDC amendments and Administrative Code amendments that were already approved by the Planning Commission going to the Board of County Commissioners on the 24th. Pulling this back, I think what we can most certainly recognize, anything that requires an LDC amendment, we can't move forward and propose the modifications to the Administrative Code. That's Attachment 3. Attachment 3 in your materials correlates the Administrative Code changes that will require LDC amendments. Those are the ones that we could hold in abeyance, work the issue between the HEX and the CCPC that you have your concerns with, and move these other clerical, procedural, straightforward changes to the Board of County Commissioners while we work those other issues if that's where the Planning Commission's real concerns are. CHAIRMAN FRYER: I will -- I will read the definition, and then you can tell me if you agree with it, all right. When one says something is comparable, they really mean it has to do with similarity, compatibility, and consistency. And as I said in the transcript, that definition hits it on the head. Now, does staff agree? Is that the definition of comparable use: Similarity, compatibility, and consistency? Because if you're going with that, you got my vote. MR. BOSI: If you focus in on Point No. 6, the recommendation would be -- and staff is agreeing to the change -- recommend to state that the use has to be similar, compatible, and consistent with the listed permitted issues? CHAIRMAN FRYER: Yes. MR. BOSI: That's the issue? CHAIRMAN FRYER: Yeah. Do you agree? Is that definition agreeable to staff? MR. BOSI: Staff has no objection. CHAIRMAN FRYER: Okay. Now I'll ask other members of the Planning Commission. COMMISSIONER SCHMITT: I have no objection. I was just concerned about the most recent case. I'm not -- I didn't really read into it all, but I understand there was some issue with compatible use here recently. COMMISSIONER SPARRAZZA: Is that the medical building? COMMISSIONER SCHMITT: No, no. There was a petition -- I'm trying to think. It was -- Attorney Tony Pires had an issue that was something with compatible use and a disagreement between staff that had to do with a recent petition. I don't even think it came to us. I just heard about it. I just want to make sure that those differences have been ironed out. I agree with the language as proposed. CHAIRMAN FRYER: And if this is all -- if this language, three points have already been approved by the Planning Commission, I'm not asking to revisit. So that can be in the document that would go to the Board of County Commissioners, as far as I'm concerned, in January. I just want to be sure that we were -- the apples you were talking about were the same apples I was talking about. MR. BOSI: I believe they're the same apples. CHAIRMAN FRYER: Okay. Thank you very much. Okay. No one's signaling at this time, so back to you, Mr. Henderlong. MR. HENDERLONG: Okay. We have two documents to work off of, and that I'll get back to a little bit later. Let me get back to this screen here. Let me scroll up, back to there. So, No. 3, how does the CCPC -- how does the Planning Commission decide what matters come to it versus the HEX? In staffs judgment, what the CCP [sic] -- and also you had stated what should the CCPC focus on, pay careful attention to, and what is the great concern or public Page 32 of 48 Packet Pg. 36 January 5, 2023 5.A.a (unintelligible). For each of the land -use petitions, the focus is on the standards and criteria set forth in the GMP and LDC. Both the HEX and the CPC [sic] have to retain authority to decide the nature and the circumstance of a specific land -use petition that warrants a greater public concern for a legitimate public purpose. You'll find that we modified that a little bit in Chapter 9 under the Hearing -- HEX to talk a little bit more, and I'll get to that later, and we can revisit that. On No. 4, we're in agreement with the -- CHAIRMAN FRYER: Well, I'm not ready to leave No. 3. MR. HENDERLONG: Okay. All right. Do you want to go to it right now? CHAIRMAN FRYER: Yeah, I do. I don't see how possibly the CCPC and HEX should both retain the authority to decide who gets what. I'll go back to my original proposition, and that is that we and, ultimately, the BCC should annunciate clear, objective criteria such as number of acres, number of dollars, number of opposing members of the public, whatever they may be, I don't know. But there need to be objective criteria. But in the first instance, they need -- the decision needs to be staffs, not the CCPC or the HEX. Now, in language that I'm going to quote in a moment from the Florida Statutes, I think that CCPC has the plenary authority, but whether it wants to exercise it or not, my view is is that we, in the first instance, should vest in staff the authority to allocate matters based upon objective criteria. COMMISSIONER SCHMITT: Can I add something because -- CHAIRMAN FRYER: Please. COMMISSIONER SCHMITT: -- I think one of the things that need to be clear with the HEX are the insubstantial changes. They tend to go to the HEX, and sometimes they do conflict. I know I look at them. But I think the decision has to be with staff and not at the HEX. And if there's an insubstantial change that overrides or negates or does something that was originally approved by the Planning Commission, it needs to come back to the Planning Commission, and the staff needs to make that decision. MR. BOSI: Mike Bosi, Zoning director. There's clear criteria for an insubstantial change that satisfies. And in our staff report and in our evaluation, we evaluate those criteria, and if it meets the criteria for an insubstantial change, then the item would go to the HEX. What you're asking for is a subjective determination from staff beyond the written criteria that if there is heightened public concern, which is a nebulous term, that staff would make a determination to send an item from the HEX to the Planning Commission? Staff -- CHAIRMAN FRYER: May I? COMMISSIONER SCHMITT: Essentially. Yes, go ahead. CHAIRMAN FRYER: The definition of insubstantial change -- and you know this as well as I do, Mike. It's anything that's neither a minor change nor a substantial change. So if you have -- if you have criteria, great public importance or whatever, I think you probably ought to publish those in the procedures, in the Administrative Code. But the exercise of discretion in applying those criteria should reside with staff, certainly not the HEX, because I think he's got the appearance of a conflict of interest, and probably not the Planning Commission, because we're trying to focus on the bigger things. MR. JOHNSON: This is Eric Johnson, planning manager. So you're correct, the insubstantial change is anything that isn't a substantial or a minor change. Staff routinely reviews and makes an evaluation of the 11 criteria that are involved with the PUDA -- or a substantial change. CHAIRMAN FRYER: Eleven criteria? MR. JOHNSON: There's 11 of them, yeah, A through K, if my memory is correct, and then also with a PDI, staff has to make sure that it meets -- or there's no issue with the original Page 33 of 48 Packet Pg. 37 January 5, 2023 5.A.a evaluation of the PUD. CHAIRMAN FRYER: Well, I think since you've got those points in the definition of "substantial change," and I guess there's a definition of minor change that doesn't link back to the other two the way the insubstantial definition does, that by the process of elimination, staff can exercise its discretion and properly categorize things into insubstantial for HEX or insubstantial for Planning Commission. MR. BOSI: And that's the current process that staff follows. CHAIRMAN FRYER: Good, good. So that does not involve a HEX determination. MR. BOSI: No. CHAIRMAN FRYER: And it shouldn't. MR. BOSI: It shouldn't. CHAIRMAN FRYER: Okay, okay. Well, that's not what this says. That's the only reason I'm hammering on it. Okay. I'm ready to go to 4 unless anybody else has anything else on 3. Go ahead. COMMISSIONER SCHMITT: Well, where are we with your proposal to go through some of these administrative? I would -- I would certainly support that. Do you want a motion from us, or do you -- because -- CHAIRMAN FRYER: Well -- COMMISSIONER SCHMITT: I want -- I don't want to hinder this -- some of these minor changes from going to the Board, and I think they can clear up probably 80 percent of this thing. MR. HENDERLONG: And we just want to be clear, Commissioners, that the insubstantial change, the PUDAs that go before the HEX, there is a staff report that goes through that criteria that basically makes a recommendation to the Hearing Examiner. CHAIRMAN FRYER: Yeah. MR. HENDERLONG: So the question I think Heidi was alluding to, do you want that responsibility moved from there back to the Planning Commission? Is that what I'm hearing? CHAIRMAN FRYER: The Planning Commission, I believe, wants to delegate the discretionary authority to decide whether it or the HEX gets an insubstantial change; insubstantial because it's not substantial but, nonetheless, is controversial. Put your Mark Strain hat on and try to make the decisions the way he used to do, because I think he had a marvelous intuition about that. And when he had any doubts, in order to protect himself as the Hearing Examiner, he said, I'm taking this to the Planning Commission, and it always seemed to work. MR. HENDERLONG: We have five examples of that under No. 5 since we met with you, Mr. Chairman. These are some of the examples of the insubstantial changes that were sent back to the Planning Commission by the HEX. And this was in November 2020, Rockedge PUD. Here's what was revised. All of these -- I'm not going to go into all the details of it but, basically, that is a lot of information that he determined in his wisdom that needed to come back to the Planning Commission. CHAIRMAN FRYER: Which HEX? MR. HENDERLONG: This is the Hearing Examiner sent this back for -- CHAIRMAN FRYER: Excuse me. Which Hearing Examiner? MR. HENDERLONG: This is Mark. COMMISSIONER SCHMITT: 2020. MR. HENDERLONG: Mark Strain's back in 2020. CHAIRMAN FRYER: Okay. Thank you. MR. HENDERLONG: He did that. COMMISSIONER SCHMITT: Good point. MR. HENDERLONG: Falling Waters is another one. A third one is Sabal Bay PDI, 2018; Pelican Lake and Livingston Village both in 2017; and then the Heritage Bay in 2016. So that's how Mark basically exercised that authority. CHAIRMAN FRYER: Yeah. And I would -- I haven't gone back to look at these and to Page 34 of 48 Packet Pg. 38 January 5, 2023 5.A.a substitute my judgment, but I think that would be a useless act on my part, because Mark's intuition was just so good, I'm sure that he did it exactly right. Now, I've had the opportunity of contact with our new Hearing Examiner, and he seems to be an outstanding gentleman, a great lawyer, and is going to do great work for the county. But if I were he, I would not want to be exercising discretion over what I get to hear if I'm being paid by the hour. So it really has to be staff, and staff has the expertise. Staff doesn't have a dog in that fight; not going to make any more or less money based upon who hears it. It should be staff s decision. MR. HENDERLONG: So you'll look for some language coming back in a future change to correct. MS. ASHTON-CICKO: I don't think anyone's saying it, but the process that I understand is that all PDIs are going to the HEX because they don't want to waste your time on things that are more of a minor nature. And now if the HEX can't hear it, then it would go to you. CHAIRMAN FRYER: That conflicts with the current Land Development Code. The current Land Development Code says all insubstantials come to the Planning Commission. MS. ASHTON-CICKO: That's not correct. CHAIRMAN FRYER: Oh, yes, it is. MS. ASHTON-CICKO: Take a look at 10.03.06.H where it says that it can be heard by either. Now, perhaps, there's a conflict -- CHAIRMAN FRYER: There is a conflict. MS. ASHTON-CICKO: -- that needs to be addressed -- CHAIRMAN FRYER: Yeah. MS. ASHTON-CICKO: -- that staff needs to put on their list, but -- CHAIRMAN FRYER: I can find it or, staff, you can -- MS. ASHTON-CICKO: It's under 10.03.06.H. MR. BOSI: It's 10.03.13.E. MS. ASHTON-CICKO: No, 10.03.06.H. CHAIRMAN FRYER: That's yours. MR. BOSI: No, the conflict. MS. ASHTON-CICKO: Oh, the conflict is there, I'm sorry. CHAIRMAN FRYER: Yeah. MR. HENDERLONG: Yep, I got it. CHAIRMAN FRYER: All right. So -- but -- well, I'm going to go to this right now, because it keeps coming up, and I think it's relevant. And, again, I want to compliment Rich Henderlong for excellent work on this. And he prepared a spreadsheet that was very, very helpful. He gave it to me two days ago, and I looked at it. And thank you for doing that. It's good work, and I hope you'll share it with the whole Planning Commission. MR. HENDERLONG: We're going to for the next meeting. CHAIRMAN FRYER: Thank you. MR. HENDERLONG: But you're spot on, because I got the sheet right here. I'm looking at it. And you're correct, it says the first hearing for 10.03.06.1-1 is either the HEX or CCPC. CHAIRMAN FRYER: Yeah. And Heidi pointed that out, but then there's another provision that says insubstantial changes go to the Planning Commission. MR. HENDERLONG: Correct. CHAIRMAN FRYER: It doesn't mention the HEX. MR. HENDERLONG: Let me look on the list there. I thought we had that on our list. It's under -- it's under 10.02.13.E-2 -- CHAIRMAN FRYER: That's it. MR. HENDERLONG: -- is your section -- CHAIRMAN FRYER: Yeah. MR. HENDERLONG: -- for insubstantial change. Page 35 of 48 Packet Pg. 39 January 5, 2023 5.A.a CHAIRMAN FRYER: Yeah, okay. Now, I want to detour just a little bit here. And I want you, please, respectfully, planning commissioners, to remember the quotations from County Attorney Klatzkow with respect to our authority, and I want to point out where that authority comes from. It doesn't come from county ordinances. The only operative county ordinance in this issue is the one where the BCC appoints the Planning Commission to be what is called the local Planning Commission agency, the LPA. Now, once we're appointed the LPA, we inherit certain statutory prerogatives, and the statute in question is 163.3174; 163.3174. COMMISSIONER SCHMITT: Florida Statutes. CHAIRMAN FRYER: Florida Statutes. And I'm going to excerpt a little bit. It will be brief. And so here's what that statute says that's relevant to what I'm talking about. The local planning agency shall be a local Planning Commission or the Planning Department of a local government. In other words, and particularly for small counties, Florida legislature recognized that maybe, like, in Hendry or someplace, the staff should be the Planning Commission, but that's not -- that's not the case in this county and probably shouldn't be the case in larger counties. So here we are. Now, the local planning agency shall have, and I'm quoting, the general responsibility for the conduct of the Comprehensive Planning Department. Think about that. The general responsibility for the conduct of the Comprehensive Planning Department, unquote. That's the Florida Legislature. And it goes on to say that the local planning agency has authority to, quote, review proposed land development regulations and Land Development Codes. And it seems clear to me that our Administrative Code is a land development regulation. So it's a regulation that is certainly junior to the code and, by this reference, I believe, each and every amendment that pertains to planning and zoning should either first come to us or we should have, in advance, delegated, if it's something very, very minor, perhaps a CO or a plot plan or whatever, that that gets delegated to the staff, but that's our authority in the first instance since we're the local planning agency. And, of course, it goes on to say, the LDA [sic], local planning agency, has the authority to perform any other functions, duties, and responsibilities assigned to it by the governing body. And the BCC specifically remanded looking at these procedures this time around to us. My point is is that whether it had done so or not, the Florida state legislature says we should either do it or clearly delegate some part of that for direct transformation from staff to the BCC if we, in our judgment, decide to do that, but it's our judgment because we're the local planning agency. MS. ASHTON-CICKO: May I provide some -- CHAIRMAN FRYER: Go ahead. Turn your mic on. MS. ASHTON-CICKO: So the Land Development Code is clearly the land development regulations. We also have the Code of Laws. Those are all our ordinances, the Land Development Code and the Code of Laws. CHAIRMAN FRYER: Okay. MS. ASHTON-CICKO: The Administrative Code, while adopted by ordinance, is not intended to provide new substantive regulations. The sole purpose of the Administrative Code is to say, hey, you need to provide five copies, you need to submit in different ways. So that kind of information that was in the Land Development Code was moved over to the Administrative Code. CHAIRMAN FRYER: And that's where it belongs. And I take your point that regulations in the statute refers to the Land Development Code rather than -- I thought it was otherwise, but it really doesn't matter, because general responsibility for the conduct of the Comprehensive Planning Department is so broad. And, you know, you -- well, I won't elaborate on it. I've made my point. COMMISSIONER SCHMITT: What that meant was that we are the agency that oversees the Comprehensive Plan, Comp Plan and Comp Plan amendments, to make recommendations to the Board. Page 36 of 48 Packet Pg. 40 January 5, 2023 5.A.a CHAIRMAN FRYER: But it says "department." COMMISSIONER SCHMITT: Yeah, I understand that. But I think that was a generic. I mean, we don't run the department. I guess maybe you can conclude we do, but I believe the intent there was that we oversee the Comprehensive Plan. The local planning authority owns the Comprehensive Plan. MS. ASHTON-CICKO: I mean -- CHAIRMAN FRYER: If I may. No, certainly, I'm not saying that we are the bosses of staff. COMMISSIONER SCHMITT: Yeah. CHAIRMAN FRYER: Because all we do, our only role, is to recommend to the BCC. COMMISSIONER SCHMITT: Correct. CHAIRMAN FRYER: BCC's the boss of staff. COMMISSIONER SCHMITT: Correct. CHAIRMAN FRYER: But we have a responsibility to be involved in this stuff. That's all. It says general responsibility. It doesn't say general control. But it says general responsibility for the land planning department. And that's -- certainly, you know, I'm not going to recommend that we issue directives to staff. That's not our role. But as we formulate advice that we give in our advisory role to the BCC, we need to be a very significant part of the flow of information, and that's why I believe that the Administrative Code should always come through us for amendments. Now, from my point of view, things that are absolutely ministerial, like changing names to "department" and "division" and the like, I would say we can delegate that to staff and take ourselves completely out of that, but the trouble is is that the Administrative Code has evolved into something more than just what Jeremy Frantz described as ministerial. And we can cut it back and put stuff back in the Land Development Code, or maybe it's easier to just leave it where it is, whether it's arguably substantive or procedural but, just, we need to be involved in it. That's all. MR. JOHNSON: Mr. Chair, may I speak? CHAIRMAN FRYER: Mr. Johnson. MR. JOHNSON: Great. Thank you. Eric Johnson. Would it be the pleasure of the Commission to kind of extract what the issues are here that are spoken of today and move forward with the non -substantive, the ministerial changes to move forward? CHAIRMAN FRYER: Yeah, I think that's where we were headed, and maybe the Vice Chairman was getting to a motion. But I've asked for your authority to sign off on staff s version of what it believes to be totally ministerial, not controversial, and it probably is probably 80 percent of this. MR. JOHNSON: We could bring back something even next meeting and, kind of like on consent agenda, just show you the changes. CHAIRMAN FRYER: That would be fine, too, except we're not -- our next meeting is late February. MS. ASHTON-CICKO: Do you want to read off the pages that you're removing from your proposal? MR. JOHNSON: I'm not prepared to do that today. CHAIRMAN FRYER: No. Let's -- is there a motion? I mean -- COMMISSIONER SCHMITT: I make a motion that, based on your recommendation, we delegate to the Chair to work directly with staff to make a judgment -- or to make a recommendation and pass on to staff all changes that are deemed to be administrative in nature, and then the substantive issues we will identify to come back for a discussion. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER SHEA: Second. CHAIRMAN FRYER: Any further discussion? Page 37 of 48 Packet Pg. 41 January 5, 2023 5.A.a (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: (No verbal response.) COMMISSIONER SPARRAZZA: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you. So now, going forward, I still have other points, and as the Vice Chairman identified, my main point has to do with jurisdiction between the HEX and -- but we're going -- I think we're going to get to that, and that clearly shouldn't be pronounced in the procedures. It should be in the LDC. So we're at .5, I believe, Mr. Henderlong, are we not? MR. HENDERLONG: Yes. We just talked about the PUD insubstantial change. CHAIRMAN FRYER: Yeah. All right. So I'm going to say what I think is the consensus of the Planning Commission, and then I'll stand corrected if I'm wrong. But I think the consensus is is that the HEX will hear insubstantial changes as determined by staff following its objective criteria over matters that are truly insubstantial, uncontroversial, and ones that are arguably not just ministerial, arguably not binary, yes or no, arguably involving public disagreement, arguably involving more dollars, more acres. Those insubstantials, in staffs discretion, would come to the Planning Commission. I'd entertain a motion on that or contradiction. COMMISSIONER SCHMITT: Well, again, I make a motion to approve as you stated. But I -- to clarify, let me give an example. I don't know if this is an insubstantial change. In a PUD, let's say you have a tract of land that is identified as residential single-family tract or multifamily tract in a PUD, and then the developer wants to come in and use that tract for something else for temporary use, like a construction trailer or storage or some other type of activity. Who makes that determination? Is that an insubstantial change? Does that go to the Hearing Examiner, or is that a staff -- I'm just trying to understand. MS. ASHTON-CICKO: Mike, I'm going to answer that. Any use changes require CCPC and BCC approval. COMMISSIONER SCHMITT: Even if it's a temporary use? MS. ASHTON-CICKO: Unless it's allowed somewhere else in our LDC as a temporary use under the temporary -use procedures. MR. BOSI: That would be correct. If it's a temporary use that's authorized by the LDC, then it could move forward. But if it was a temporary activity that wasn't endorsed by the LDC that was being sought within that PUD through an insubstantial change, staff would say that's a land -use change, and because of that, that would require full CCPC and BCC hearing. COMMISSIONER SCHMITT: And the only reason I ask, because sometimes those temporary uses are -- what is temporary; 20 years, 25 years? And it turns out to be a parcel that people thought was going to be developed as a residential of some form or fashion, and all of a sudden now it's a construction trailer lot or some other type of lot for 20 or 25 years. To me, that is something that is not insubstantial. That should be a change that goes through some kind of a hearing process. I'll talk to you off-line. I do have a question about a PUD, so I want to get clarity on that, so I'll ask you that after the meeting. MR. BOSI: And the motion that the Planning Commission was just initiating, that -- to me those sound like what the content of the Land Development Code changes that would be forthcoming would be based upon. I'm not sure how that motion reflects anything -- or maybe it's Page 38 of 48 Packet Pg. 42 January 5, 2023 5.A.a just guidance for us. CHAIRMAN FRYER: Okay. What I had intended is that we are giving you direction to what should be in the next draft. MR. BOSI: Okay. COMMISSIONER SCHMITT: Okay. Got it. CHAIRMAN FRYER: All right. Mr. Henderlong, anything else on 5? MR. HENDERLONG: No, sir. CHAIRMAN FRYER: I had nothing on 6 unless -- you could go to 7 unless somebody wants to talk about 6. (No response.) CHAIRMAN FRYER: Let's go to 7. MR. HENDERLONG: Okay. Staff is in agreement that we mentioned in discussing this yesterday, or the other day, that when -- the rules of decorum for the neighborhood information meeting, which is a current, being worked, vetted publicly as an LDC amendment, that only the applicant and the applicant's agents would be required to identify themselves by their names and that all other speakers would be encouraged to identify themselves, and it would be a written transcript and a video or audio. The applicant would have the option as to whether it's a video or audio. That's my understanding. CHAIRMAN FRYER: Thank you. And I don't think there was consensus reached in 2020 on that. I'll just lead off by telling you what I think we ought to do, and then others can weigh in. To me, the applicant should have the choice of providing a written transcript and, if they do that, they offload the responsibility for accuracy onto the court reporter, or to provide an audio or video, not both, but audio or video instead of a written transcript. But if they do that, they retain the liability for incomprehensible or inaudible audios and videos. COMMISSIONER SCHMITT: I agree. MR. HENDERLONG: I'm clarifying the written transcript. I want to make sure, you said the operative word, a court appointed recorder. CHAIRMAN FRYER: I didn't say appointed. MR. HENDERLONG: Not necessarily appointed, but you want a -- because we had one -- I'm aware of one situation where the applicant themselves wanted to write their own written transcript. CHAIRMAN FRYER: MR. HENDERLONG: CHAIRMAN FRYER: Iu1:10191►IQgo191 ))cop Well, that's out. Okay. Yeah. It has to be a -- That's what I wanted clarity on. MS. ASHTON-CICKO: Mr. Chairman? Mr. Chairman? (Simultaneous crosstalk.) CHAIRMAN FRYER: Let me finish, and then I'll -- to my way of thinking, it has to be someone who has the skill sets of a court reporter and who is neutral. MR. HENDERLONG: Very good. CHAIRMAN FRYER: Ms. Ashton? MS. ASHTON-CICKO: Staff has already drafted the LDC amendment and the proposed Admin Code change. If you'd like to see it as a read -ahead before it goes through the DSAC and the other departments, staff could certainly share that with you if you'd like to see it. CHAIRMAN FRYER: Planning Commission? COMMISSIONER SCHMITT: On the recorder, frankly, if the applicant wants a court reporter, that's fine, but I -- it was my understanding that back when we looked at this again, it was someone who would be a recorder, but it could be just a summary report. Sometimes in other types of meetings -- the DSAC, for example, you do not have a court reporter. You have a summary report, but that's an independent person. In fact, I don't even think those are recorded. Page 39 of 48 Packet Pg. 43 January 5, 2023 5.A.a The neighborhood information meetings, if there's a recording, you could certainly provide a summary report or just have somebody convert the recording into a written report. Is that what -- that was the intent, I thought. MR. BOSI: That was the original intent. The Planning Commission will be -- and within the next couple months you're going to be brought forward amendments related to the neighborhood information meeting. All these comments and all these issues are going to be part of what our discussions will be. COMMISSIONER SCHMITT: All right. MR. BOSI: You could give us some premature -- or you could give us some advanced kind of direction on that but you're going to have an opportunity to hash all of these specific issues related to neighborhood information meetings and the specificity of what's required, what isn't required, what's required of the applicant, the rules. All those will be part of the discussion points that you'll hear at a future hearing item. COMMISSIONER SCHMITT: Because the NIM was not meant to be a public hearing. It's an information meeting, and that's -- that was the intent of it. MR. JOHNSON: Right now I have it written so that it would require an audio and a video. CHAIRMAN FRYER: That's not necessary. COMMISSIONER SCHMITT: Not necessary. CHAIRMAN FRYER: In my judgment. COMMISSIONER SCHMITT: Don't need a -- I don't think we need a video. If you have an audio, it has to be audible. CHAIRMAN FRYER: Audible. MR. JOHNSON: Coherent. COMMISSIONER SCHMITT: And I put somehow the burden on the staff to make sure the applicant understands that, or they will have to redo their NIM. If it's not audible, they redo the NIM. CHAIRMAN FRYER: I agree. MR. JOHNSON: Well, again, I will be bringing that forward -- COMMISSIONER SCHMITT: Okay. MR. JOHNSON: -- sooner rather than later, so we'll have a great time discussing it. COMMISSIONER SCHMITT: Yeah. CHAIRMAN FRYER: And there had been some -- well, again, Chairman Strain had -- to him it was very important for members of the public to identify themselves. It's not important to me. If they want to say I'm just a member of the public or I'm anonymous, but it is important to me when an applicant or the applicant's agents are speaking that they identify themselves as such. COMMISSIONER SPARRAZZA: Agree. COMMISSIONER SCHMITT: I mean, the public has the right to remain anonymous, I believe. CHAIRMAN FRYER: Yeah, yeah. COMMISSIONER SCHMITT: And they can do so. MR. JOHNSON: Mr. Chair, I think there was a motion by Commissioner Schmitt. CHAIRMAN FRYER: I thought we voted on it. COMMISSIONER SCHMITT: We never voted. CHAIRMAN FRYER: Okay. Would you restate it then. COMMISSIONER SCHMITT: Oh, that was the motion to delegate to you the authority -- CHAIRMAN FRYER: Oh, yeah. COMMISSIONER SHEA: We did. COMMISSIONER SCHMITT: Did we vote on that? MR. HENDERLONG: You voted. MR. JOHNSON: Yeah, there was a vote on that, certainly. I think -- I thought Page 40 of 48 Packet Pg. 44 January 5, 2023 5.A.a Commissioner Schmitt had made another motion. I could be wrong. CHAIRMAN FRYER: Well, I think I did ask for a motion. COMMISSIONER SCHMITT: You did ask for a motion. I can't remember what it was. Terri, we have to go back to the record. THE COURT REPORTER: You started to make one. (The court reporter read back as follows: "COMMISSIONER SCHMITT: Well, again, I make a motion to approve as you stated. But I -- to clarify, let me give an example.") MR. BOSI: I believe the motion was to give the Chair the ability to work with staff on -- CHAIRMAN FRYER: That one already passed. There was a second one. COMMISSIONER SHEA: We approved that; we approved that. CHAIRMAN FRYER: Well, since none of us can remember it, I guess it's gone with the wind. COMMISSIONER SCHMITT: Short-term memory. There it goes. MR. JOHNSON: Well, I look forward to -- MR. HENDRICKS: Next item I have, Commissioner, is on the screen here, Agenda Packet 1538,1 think we already talked about that, 10.03.06.H identifies Hearing Examiner or Planning Commission. I think your position's very clear that, if it's truly insubstantial, it still remains with HEX but, otherwise, it would come back to the Planning Commission and that we're to work out some more objective and greater criteria as to give guidance that staff will assume that role, and then also try to come back at a future date on more clarity as to how that's going to work out. CHAIRMAN FRYER: I think you got it, yeah. I go to Page 4 of 9 of your summary, which talks about Chapter 3 L, comparable -use determination and PUDs. MR. HENDERLONG: Page -- I only got three pages. Which document? CHAIRMAN FRYER: This is Attachment 2. MR. HENDERLONG: Attachment 2? Let me get out of this screen. CHAIRMAN FRYER: Okay. MR. HENDERLONG: Figure out how to exit this. Just escape. CHAIRMAN FRYER: While you're doing that, I'll -- if you don't mind, I'll summarize what I'm seeing in this and point out my question. But Chapter 3 L, we're talking about comparable -use determinations in PUDs, which is a little bit different than -- MR. HENDERLONG: Excuse me. You're in Attachment 3, correct? CHAIRMAN FRYER: No, it's Attachment 2. MR. HENDERLONG: Two, sorry. Okay. Page -- all right. We're pulling it up now. CHAIRMAN FRYER: It's Chapter 3 L, comparable -use determination. Yeah, there you go. All right. So my question is: This is -- this is proposed to be a different standard or different definition of comparability when it concerns a PUD, and in this situation, it's the -- comparability is defined to mean comparable and consistent rather than the three points that we had in the conditional use, and I'm wondering why we don't have the same three points. MR. JOHNSON: Mr. Chair? CHAIRMAN FRYER: Sir. MR. JOHNSON: Could you clarify the context? CHAIRMAN FRYER: Yeah, I'll read the language. We're talking about comparable -use determinations in PUDs. MR. JOHNSON: Okay. CHAIRMAN FRYER: And staffs comment says, this section's text will become existing text and subject to the final form, BCC January. It was revised to comply with the Board directive October 2021 that a CUD shall be used if a PUD ordinance contains the phrase "any other use Page 41 of 48 Packet Pg. 45 January 5, 2023 which is comparable in nature with the foregoing uses and is consistent with permitted uses and purpose and intent statement of the district." So my question is -- I realize -- you got it? Okay. MR. BOSI: This is what was approved -- recommended for approval by the Planning Commission in August. What you want us to do is modify -- the Board of County Commissioners is going to hear this and approve this probably in January. What you're looking for is a further modification to the comparable -use section to clarify that it's similarity, compatibility, and consistency? CHAIRMAN FRYER: Exactly. MR. BOSI: So if we would have made that request in August, it wouldn't show up that way. We did -- we got a later -- this is something we'll have to make a modification to after the Board of County Commissioners. CHAIRMAN FRYER: I understand completely, but if we approve the trifurcated definition, we could leave it in what the Board of County Commissioners is going to see along with the other 80 percent of the inconsequential stuff that staff and I are going to wave a wand of blessing over. Does that make sense? Does staff disagree with including that in the PUD? MR. BOSI: I'm not sure what you're talking about included in a PUD. CHAIRMAN FRYER: Well, the PUD comparable use is set up right now with two -- it's a different definition of comparability than we apply in the case of a conditional use. Conditional use has the three things that you just ticked off. Now, here on this page, the PUD ordinance contains the definition, any use which is comparable in nature with the foregoing uses and is consistent with permitted uses. So I'm proposing that we define "comparable" as that word is used in PUDs, which we can redefine it without changing the word. The word's going to stay in the PUD. We're not amending all the PUDs, but we would define comparable to mean those three things. MS. ASHTON-CICKO: That would be done not through the Administrative Code but through an LDC amendment. CHAIRMAN FRYER: I agree completely. MS. ASHTON-CICKO: Okay. CHAIRMAN FRYER: I agree completely. MS. ASHTON-CICKO: Okay. So -- CHAIRMAN FRYER: But I'm trying to get Planning Commission consensus on this so that we can move forward when we come back with the third draft of the admins and the first draft of the LDCs. MS. ASHTON-CICKO: Yeah. When the Administrative Code comes, whatever the Board approves in January is what will go forward as existing text. So I think staff highlighted this section as being changed, but it's really going to be changed based on what the Board does in January, if the Board does anything. CHAIRMAN FRYER: Yeah. Well, our responsibility is to make recommendations, and I'm asking the Planning Commission and staff why we would have different definitions for comparability whether we're talking about a conditional use or a PUD. MR. BOSI: A conditional use and a comparable use are two separate processes. A conditional use is a use that's permitted within a zoning district, but it's conditionally approved, meaning that it has to be reviewed to make sure that the conditions of compatibility are provided for. A comparable use is a use that's not provided within a PUD or a zoning district that's evaluated against the existing uses within that zoning district based upon a set criteria, and if those criterias are met, that use could be added to that PUD or to that zoning district based upon those evaluations. CHAIRMAN FRYER: So why wouldn't we decide that we recommend to the Board of County Commissioners that that definition have those three prongs? MR. BOSI: It's the purview of the -- if the Planning Commission would like to make that Page 42 of 48 Packet Pg. 46 January 5, 2023 5.A.a recommendation. CHAIRMAN FRYER: I guess what I'm struggling with is why we would have two different definitions of basically the same subject. Because even -- I mean, it's called something different in conditional use, but what we're getting at is essentially the same thing: Similarity, consistency, and compatibility. COMMISSIONER SPARRAZZA: Mr. Chairman? CHAIRMAN FRYER: Yes. COMMISSIONER SPARRAZZA: Are we looking at the fourth line up from the bottom where it says "or similar phase" in this list? I mean, you went for the three words, compatible, consistent, or similar. CHAIRMAN FRYER: Yeah, except instead of compatible we've got comparable. COMMISSIONER SPARRAZZA: Comparable. Consistent. And then the third one is similar phase? CHAIRMAN FRYER: Similar is -- well, I don't know if phase -- yeah, that may not -- I'm just -- I'm trying to give -- yeah, I'm trying to give staff guidance as to what our thinking is if we can arrive at a consensus of thinking so that they have the benefit of that when they draft the Land Development Code amendment. And if we don't have consensus, then we can move on. If there's a reason to have different definitions when we're talking about essentially the same thing, then we can move on. What say you? (No response.) CHAIRMAN FRYER: Well, let's move on. MR. HENDERLONG: Still on Attachment 3? CHAIRMAN FRYER: Yes. And this is a point that I raised with staff on Tuesday in my meeting. Chapter 5 F, it says, clarify "The decision maker provides a recommendation to the BCC." And my point was -- is that I think it's a little bit imprecise use of language because a decision maker makes a decision. And in this case the person or entity in question is making a recommendation to the BCC, so that person or entity is not a decision maker. MR. HENDERLONG: Got it. MR. JOHNSON: We can change that to Board of County Commissioners if the Board of County Commissioners is, in fact, the -- CHAIRMAN FRYER: Yeah, that was tentatively what we had talked about on Tuesday, but I just want to put it out there and see -- MR. HENDERLONG: Let me turn to that page. Let's take a look at that. MR. JOHNSON: It's on Page 226. MR. HENDERLONG: Yep. CHAIRMAN FRYER: Yeah. It's also on Page 301 of our agenda packet. MR. HENDERLONG: Yeah. It's on page also -- it's actually -- the section starts at 226, but it's Page 227. It says, decision maker, County Manager or designee. That's how it currently reads, but we were adding "will provide a recommendation to the BCC." CHAIRMAN FRYER: Yeah. I mean, it's not a big point. MR. HENDERLONG: And that's okay with you? That's currently how it's -- CHAIRMAN FRYER: You know, honestly, it's okay with me if you leave it as it is. It just -- to me, it's at war with the common meaning of the expression "decision maker." MR. HENDERLONG: Okay. CHAIRMAN FRYER: I'm making people's hair hurt, I can tell. I'm sorry. MR. HENDERLONG: So, really, the decision maker will be the BCC, right? CHAIRMAN FRYER: It's always the case. MR. HENDERLONG: Not the County Manager or designee? CHAIRMAN FRYER: Well, some entities, like the County Manager or designee and the HEX, make preliminary decisions. Everything can be appealed to the BCC but, for the most part, the Planning Commission only makes recommendations. It's advisory only. There are certain Page 43 of 48 Packet Pg. 47 January 5, 2023 5.A.a limited exceptions but, for the most part, we're not a decision maker. MR. JOHNSON: We'll make sure it's clear. MR. HENDERLONG: It was brought to my attention by another director that typically what happens is the designee is that staff has to be approved, makes a decision, and they provide that recommendation to the Board. CHAIRMAN FRYER: Okay. Okay. And I think -- I'm looking to be sure, but I think I could continue and address additional points, but I've already raised these issues, and if they appear in subsequent places, you'll pick it up. MR. HENDERLONG: Yes. CHAIRMAN FRYER: Okay. There was a -- there was a typo under the comparable -use determination. I suggested that you'd crossed out the word "to" under applicability. I'm not going to take up any more time. We talked about that on Tuesday. The Planning Commission doesn't -- I'm sure won't disagree. Just reinsert the word "to." MR. HENDERLONG: Got it. CHAIRMAN FRYER: And we talked about CD-ROMs. MR. HENDERLONG: Yes. I've got a brief update with you on that. CHAIRMAN FRYER: Oh, good. MR. HENDERLONG: I talked with both -- John Houldsworth, who's back from his cruise/vacation. Been around longer than most of us, other than Joe. COMMISSIONER SCHMITT: No, he's been longer than me. He was here when the Indians first arrived. I got here when Columbus landed. MR. HENDERLONG: Anyway, he basically said that that's been there. It's usually required as a result of GIS. But as far as they're concerned, the Engineering Department, so forth, your proposed language, some other acceptable electronic mechanism for the master plan file is acceptable, and we'll bring that back for an LDC amendment. CHAIRMAN FRYER: Okay. For the benefit of the Planning Commission, just -- a CD-ROM is already yesterday's technology, and so, you know, why not put in general language like -- COMMISSIONER SCHMITT: Digital. CHAIRMAN FRYER: Yeah, electronic, digital, something like that. COMMISSIONER SCHMITT: Digital transcription. MR. HENDERLONG: We'll do that. CHAIRMAN FRYER: Good. That's it. That's all I've got. MR. HENDERLONG: Okay. I just want to make sure that --in recognition of that, we proposed on -- we were going to come back to you with all these changes for Attachment 3. I have a blank sheet here where I was -- what we talked about today. We'll bring that back so that you have that. CHAIRMAN FRYER: Let's talk chronologically. First -- MR. HENDERLONG: All right. Let's go to Attachment 1 because that's -- CHAIRMAN FRYER: Staff is going to bring back to me its proposal of what is ready for approval by the BCC in its January meeting. MR. JOHNSON: Yes. CHAIRMAN FRYER: And we'll get that done before Tuesday, or before the second January meeting? MR. JOHNSON: Wait, wait, wait. I'm sorry. I said yes too quickly. We were going to give you what we think is the non -substantive, not changing the intent of the Administrative Code so that way that could go forward to a future Board of County Commissioner meeting. MR. BOSI: There's no scheduled meeting for the Administrative Code for the commissioners yet. CHAIRMAN FRYER: Well, Mr. Henderlong's material has it January 23rd. MR. HENDERLONG: No, that's for the comparable use. Page 44 of 48 Packet Pg. 48 January 5, 2023 5.A.a MR. JOHNSON: That's for the comparable -use determination. CHAIRMAN FRYER: All right. Okay. So I'm sorry. I thought that that was the first thing to occur. I shouldn't have interrupted. Go ahead, Mr. Henderlong. MR. HENDERLONG: No, that's fine. No, so we would bring back revisions for you listing all the LDC amendments and your recommendations for the Administrative Code amendments that we talked about today, and we'll follow up with you prior to the next Planning Commission meeting to make sure that you're comfortable that they're insubstantial. CHAIRMAN FRYER: Next board meeting. MR. HENDERLONG: Next board meeting. Got it. Sorry. CHAIRMAN FRYER: Is everybody on the same page? (No verbal response.) CHAIRMAN FRYER: Okay. That's what we want. Thank you very much, Mr. Henderlong. MR. JOHNSON: Mr. Chair, I'm still confused -- I'm sorry. I'm confused about the next board meeting. We don't have this packet scheduled yet for the Board of County Commissioners, and it was my understanding that staff was going to work directly with you to extract the controversial issues. CHAIRMAN FRYER: Yes. MR. JOHNSON: And that you would say yes, hopefully, to the noncontroversial issues that we could eventually bring to the Board of County Commissioners. CHAIRMAN FRYER: Absolutely, and as soon as you're ready. I mean, I thought the date was the 23rd. But, yeah, I don't want to -- there's no reason to hold up changing the name of "department" to "division." MR. JOHNSON: Thank you. MR. HENDERLONG: And we can agree on that and move the document forward. CHAIRMAN FRYER: Yeah. MR. JOHNSON: And we'll work directly with you on that? CHAIRMAN FRYER: Please. Thank you. MR. HENDERLONG: Got it. CHAIRMAN FRYER: Okay. Anything else from staff on this? MR. HENDERLONG: No, sir. CHAIRMAN FRYER: Okay. Well, you guys did a great job, and I --and I appreciate it. And I'm sorry that I was making people's hair hurt. I don't have sufficient hair to hurt anymore, but if I did, it would be hurting as well. Thank you. MR. HENDERLONG: You're welcome. CHAIRMAN FRYER: All right. New -- MR. JOHNSON: New business. CHAIRMAN FRYER: Yeah. Is there any other old business before we go to new business? MR. BOSI: No new -- or no old business that I am aware of. CHAIRMAN FRYER: Okay. New business? MR. JOHNSON: Mr. Chair, Eric Johnson, planning manager. In the -- in the near future, we're going to have an LDC amendment that would require a nighttime hearing. CHAIRMAN FRYER: Uh-huh. MR. JOHNSON: The old lovely nighttime hearing. And I'm trying to gauge the interest of the Board of having a nighttime hearing possibly in March, maybe March 2nd. And, as always, if we have a nighttime hearing, we could always schedule the regularly scheduled agenda later in the day. Page 45 of 48 Packet Pg. 49 January 5, 2023 5.A.a CHAIRMAN FRYER: Yes. Well -- so March 2nd is a Thursday. MR. JOHNSON: Correct. CHAIRMAN FRYER: And as far as I'm concerned, that works for me. What about other planning commissioners for a nighttime meeting, evening meeting? COMMISSIONER SHEA: It works for me as well. COMMISSIONER SPARRAZZA: Are you stating that we'd have our normal day meeting, take a break for dinner? CHAIRMAN FRYER: Maybe a late start on the day meeting, depending upon how much volume we have, and then the night meeting has to start at five minutes after 5:00. COMMISSIONER SPARRAZZA: Very good, yep. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes, Mr. Klucik. COMMISSIONER KLUCIK: Well, I would just say that, boy, my beard, all that hair on my face hurts, just -- CHAIRMAN FRYER: Well, my apologies to you. COMMISSIONER KLUCIK: Don't have much on the top. I'm fine with that date. CHAIRMAN FRYER: Okay. Good. Other planning commissioners? COMMISSIONER SPARRAZZA: Fine. COMMISSIONER SCHMITT: I will probably -- I will be at that -- the morning meeting, but I don't think I'll be able to make the night meeting. CHAIRMAN FRYER: Okay. So -- COMMISSIONER SCHMITT: On the 2nd of March. CHAIRMAN FRYER: We have every expectation to have our seventh Planning Commissioner seated by then, so that shouldn't be a problem. COMMISSIONER SCHMITT: I mean, if you did it on the 22nd -- wait a minute. Correction -- 16th or the -- but March 2nd, yeah. Okay. You'll have enough to do it. CHAIRMAN FRYER: We'll have enough, yeah. Thank you. MR. JOHNSON: Thank you, Mr. Chair. CHAIRMAN FRYER: Thank you. Now, any other new business? And, Commissioner Klucik, I guess I'm looking to you. You know, my job is primarily to be a traffic cop. And, by tradition, we have always encouraged and allowed the County Attorney to kind of jump in pretty much whenever he or she deems it appropriate. And by comparison, we are very generous in allowing staff to jump in even if it's not a time of staff report. But if this conflicts with what the Planning Commission wants me to be doing, I don't have -- I don't have to do it that way. I can do it -- I mean, you know, the Planning Commission makes -- go ahead, Commissioner. COMMISSIONER KLUCIK: Yeah. No. Here's what I think triggered my, you know, just reaction, I guess I would say. And you know me, I tend to not withhold a reaction, which, you know, sometimes I work to -- you know, work on that, but I also think it's good sometimes to go with my reaction. And the reaction was really to the format of the -- you know, our counsel's participation and that she was querying the witness, and I think that was really my main concern, not to add to our understanding, but to be taking on, you know, the questioning of the witness. And, you know, I mean, it's -- I guess, you know, her goal was to make sure that the information came out, and she chose to do it by asking a question, and I understand that. But that's what took me aback. CHAIRMAN FRYER: I understand. And I know Ms. Ashton very well, and I know that she is not seeking to enhance or enlarge the County Attorney's role in having a series of direct or cross-examination type questions for witnesses, but sometimes that's a -- that's a good way to save some time to get a quick answer to an immediate question. And I don't mean to be putting words in your mouth, Ms. Ashton, but I have a feeling that's why you were doing it. Page 46 of 48 Packet Pg. 50 January 5, 2023 5.A.a COMMISSIONER SCHMITT: I welcome her opinion anytime, so -- even if she has to wave and scream and yell. MS. ASHTON-CICKO: Yeah, if you'd prefer I jump up and down to get your attention. CHAIRMAN FRYER: Well, I've often thought maybe you should have a button to push, but I'll -- you know, somebody will see that you've got your hand up and will let me know, and we'll call on you. And I'm -- I'm confident -- I'm confident that the County Attorney knows its proper role. And if I thought the County Attorney were seeking to start direct or cross-examining witnesses in a more general way, I would not approve of that, but I don't think that's even under consideration by the County Attorney's Office, so it's just not an issue. MS. ASHTON-CICKO: The reason I chose the format of asking the question is I didn't want to be the one who was testifying, so that's why I went that avenue, but -- CHAIRMAN FRYER: Yeah, and that makes sense. No objection. All right. Well, it seems as though -- it seems as though we're all more or less satisfied. There's nothing wrong with having brought it up, Commissioner, and certainly, as I say -- COMMISSIONER KLUCIK: Yeah. I'm not -- I'm not suggesting we need to take any action at all. And, you know, I raised the concern, you know, on the fly and in the middle of it, and we kind of resolved it that way, and that's fine. CHAIRMAN FRYER: Thank you. All right. Any further business to come before the Planning Commission? There are no members of the public in the room that I can see and so, without further ado, we're adjourned. Page 47 of 48 Packet Pg. 51 January 5, 2023 5.A.a There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:03 p.m. COLLIER COUNTY PLANNING COMMISSION EDWIN FRYER, CHAIRMAN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 48 of 48 Packet Pg. 52 9.A.1 03/02/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.1 Doc ID: 24412 Item Summary: *** This item has been continued from the February 16, 2023 CCPC Meeting ***PL20200002302 - Forest Glen of Naples PUD Amendment (PUDA) - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 99-69, as amended, the Forest Glen of Naples Planned Unit Development (PUD), by adding warehousing and flex space uses including specialty trade contracting, minor fabrication and manufacturing as principal uses in addition to previously permitted commercial uses on the commercial tract located at the southeast corner of the intersection of Collier Boulevard and Beck Boulevard, subject to the limitation of 100,000 square feet for all uses on the commercial tract. The subject commercial tract consisting of 9.6+/- acres is part of the 635+/- acre PUD located in Section 2, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Ray Bellows, Zoning Manager] Meeting Date: 03/02/2023 Prepared by: Title: — Zoning Name: Laura DeJohn 01/19/2023 3:57 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 01/19/2023 3:57 PM Approved By: Review: Planning Commission Diane Lynch Review item Growth Management Operations & Regulatory Management Donna Guitard Zoning Ray Bellows Review Item Zoning Diane Lynch Review Item Zoning Mike Bosi Division Director Growth Management Department James C French GMD Deputy Dept Head Planning Commission Ray Bellows Meeting Pending Completed 01/24/2023 11:21 AM Review Item Completed 01/30/2023 5:06 PM Completed 0 1 /31/2023 4:23 PM Skipped 02/02/2023 2:07 PM Completed 02/02/2023 2:10 PM Completed 02/06/2023 7:00 AM 03/02/2023 1:00 PM Packet Pg. 53 9.A.1.a Coffie* r County . %-O%� _ STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: FEBRUARY 16, 2023 SUBJECT: PL20200002302 — FOREST GLEN OF NAPLES PUD (PUDA) Owner/Applicant: BBP Realty, LLC and Naples TLR, LLC 16611 Firenze Way Naples, FL 34110 Agents: D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 99-69, as amended, the Forest Glen of Naples Planned Unit Development (PUD). The request is to change the Commercial District, by adding warehousing and flex space uses including specialty trade contracting, minor fabrication and manufacturing as principal uses in addition to previously permitted commercial uses on the Commercial Tract located at the southeast corner of the intersection of Collier Boulevard and Beck Boulevard, subject to the limitation of 100,000 square feet for all uses on the Commercial Tract. GEOGRAPHIC LOCATION: The subject parcel is a ±9.6-acre undeveloped Commercial Tract that is part of Forest Glen of Naples PUD, which comprises ::L635 acres located at the southeast corner of Beck Boulevard and Collier Boulevard in Section 2, Township 50 South, Range 26 East, Collier County, Florida. (see location map, page 2). PUDA-PL20200002302; Forest Glen of Naples PUD Amendment Page 1 of 15 January 19, 2023 Packet Pg. 54 q and saideN 10 u8119 }saaod - ZO£ZOOOOZOZ-ld : UtIZ) CZ-W:podaM jje}S - da d u810;saJod :IUOWLIaeIIV LO Ln Q � as a lv U fC ►►'�igii►ii�i ►lnI• � ►rrlru � '� 1IIIIIryIy H • ��� ����.� i1pH �'►►�►11°rrrfn� e ►lilt ■���:1i1 a� �► 4 �.�k■ ' Ilf llillflflil��• • ��tfttf � � FI/►+11FIIfllflilfllllirl �� A - ' F Z C] Q W _. 0 V 2 n c IL r\� � u � a a l8 a0III00 �n w 5 8 � S PUDA-PL20200002302; Forest Glen of Naples PUD Amendment January 19, 2023 N O co N (D Q Q C) N Q CV J L �l E D Z 0 0 LL Q U J Page 2 of 15 u 9.A.1.a PURPOSE/DESCRIPTION OF PROJECT: The first zoning action for the Forest Glen of Naples Planned Unit Development (PUD) was approved by Ordinance No. 88-83 on October 25, 1988 for a project called Naples Golf Estates, which allowed 790 residential units and 9.9 acres of commercial area. This was repealed and replaced by Ordinance No. 98-39 approving the Forest Glen of Naples PUD on May 26, 1998, which maintained the commercial area allowing for a maximum of 100,000 square feet. This was repealed and replaced by Ordinance No. 99-69 approved on October 12, 1999, which maintained the same provisions for the commercial area. On September 7, 2001, insubstantial changes were approved to Forest Glen of Naples PUD by Petition No. PDI-2001-AR-949, which revised the master plan to reinstate access points from Beck Boulevard and from Collier Boulevard for the Commercial Tract. This Amendment to the Forest Glen of Naples Planned Unit Development (PUD) allows for warehousing and flex space uses and vehicle storage units in addition to the previously approved commercial uses authorized on the Commercial Tract, not to exceed the previously approved intensity of 100,000 square feet. Access, water management, buffers, and design of the warehousing and flex space uses and vehicle storage units are depicted on Exhibit B of the PUD titled Master Plan Detail for Warehousing and Flex Space Uses in Commercial District, shown below. BECK BOULEVARD N LEGEND PAVEMENT SIDEWALK SCALE: LANDSCAPE PRESERVEIBUFFERS PER LDC (SEE NOTE #2 ON SHEET 2 OF 2) DRAINAGE CANAL AND ROW DRAINAGE CANAL AND ROW++M+ +� 1+-I ++ +� DRY DETENTION +I n m it ZM J v Z r +1 J O OC / rn m A - +Jl ----- D p '.' D N N E7 1 G� m m " �00 r T O II1l M Z x X +1 m Z CD �' +M - 1 y �Z III IM a z + m z z -E �+ 4+� m 0 Z T E r �Z +� f mn 0Z I v O VEHICLESTORAGE UNITS 1+� M R N o I'.L _ 1++1 _ LANDSCAPE PRESERVE/BUFFER ++(j SEE SECTION GA.M. OF THE PUD FOREST GLEN OF NAPLES PUD (GOLF COURSE AND PRESERVE) ® FOREST GLEN OF NAPLES PUD �iP�dyMIR01' u;p. rwnu. ..... i EXHIBIT B MASTER PUN DETAIL FOR WAREHOUSING AND M FLEX SPACE USES IN COMMERCIAL DISTRICT REVISED, 12/09/2022 PUDA-PL20200002302; Forest Glen of Naples PUD Amendment Page 3 of 15 January 19, 2023 Packet Pg. 56 9.A.1.a 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, known as Forest Glen of Naples PUD: North: Immediately north is a drainage canal and road within Beck Boulevard right-of- way. Across Beck Boulevard are restaurants, a gas station, a hotel, and other commercial/light industrial uses, all zoned TollGate Commercial Center PUD/DRI. South: South of the property is golf course and preserve areas of the Forest Glen of Naples PUD. East: To the east are two Tracts of the Forest Glen of Naples PUD, including Tract P-6 Preserve and Tract 1 Greater Naples Fire Rescue, Station #72. West: Immediately west is a drainage canal and road within Collier Boulevard right-of- way. Across Collier Boulevard is the Amazon Delivery facility zoned I-75/Collier Boulevard Commercial Center PUD, and gas station zoned Industrial (I), and the Westport Commerce Center MPUD including Super Walmart, and other commercial, restaurant, office, and light industrial uses. PUDA-PL20200002302; Forest Glen of Naples PUD Amendment Page 4 of 15 January 19, 2023 Packet Pg. 57 9.A.1.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The GMP is the prevailing document to support land -use decisions, such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any amendment petition. Future Land Use Element (FLUE): This subject site is designated as Urban, Urban Mixed Use District, within Interchange Activity Center #9. Light industrial and warehousing uses are permitted within the Activity Center. A Growth Management Plan Amendment and Land Development Code Amendment are in process to create the Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO) to allow additional economic development uses in the area subject to design standards. Forest Glen Country Club and Association representatives requested during the public hearing process that the subject site be removed from the CBIIZO, and the subject site has been removed. More warehousing and flex space uses are proposed as permitted for purposes of this PUD in comparison with the CBIIZO, and the PUD is subject to specific placement, orientation, buffering, building heights, and setbacks identified in the PUD and the Master Plan Detail for Warehousing and Flex Space Uses in Commercial District. This petition as presented is consistent with the Future Land Use Element of the GMP. Transportation Element: In evaluating this project, staff reviewed the applicant's July 25, 2022 (revised) TIS and PUD Document for consistency with Policy 5.1 of the Transportation Element of the GMP. Policy 5.1 of the Transportation Element of the GMP states: "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. PUDA-PL20200002302; Forest Glen of Naples PUD Amendment Page 5 of 15 January 19, 2023 Packet Pg. 58 9.A.1.a Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: According to the TIS the proposed PUD Amendment will allow up to 100,000 square feet of specialty trade contractor space, warehousing, and business park uses in the Commercial Tract of the Forest Glen of Naples PUD. The TIS includes the proposed uses consistent with the PUD Amendment indicating that the highest proposed new use is Specialty Trade Contractor (Flex Space) resulting in +/- 193 PM peak hour two-way trips. The TIS also indicates that the approved 100,000 square feet of Retail Use results in +/- 389 PM peak hour two-way trips. This results in no net increase in the number of trips generated by the proposed uses and a potential reduction of +/- 196 PM peak hour two-way trips compared to the approved uses. Staff further notes that a trip cap is included in section 7.7.D. of the PUD document for the Commercial Tract. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The proposed changes do not affect any of the environmental requirements of the GMP. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.17, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Review." Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. The proposed PUD changes will not affect any of the environmental requirements of the PUD document (Ordinance 99-69). A minimum of 352 acres of native vegetation has been placed under preservation and dedicated to Collier County (Plat Book 31 Page 94-103). The Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicates the presence of Black Bear (Ursus americanus floridanus) in the area. A black bear management plan will need to be included at PPL or SDP review. Additionally, several Stiff -leafed wild -pine (Tillandsia fasciculata), which are listed as less rare plants, have been observed on the property and will be protected in accordance with LDC 3.04.03. This project does not require Environmental Advisory Council (EAC) review, as this project does not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the petition. PUDA-PL20200002302; Forest Glen of Naples PUD Amendment Page 6 of 15 January 19, 2023 Packet Pg. 59 9.A.1.a Landscape Review: The applicant is not seeking any new deviations regarding landscape requirements. The documentation submitted with the PUD Amendment indicate that landscape buffers will meet or exceed LDC requirements. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Zoning Services Review: Zoning Division staff has evaluated the proposed uses, intensity, and development standards relative to compatibility. Also, we reviewed the proposed development standards for the project. Revisions to the PUD are concentrated in Section VI -Commercial District, Section VII-General Development Commitments with addition of a maximum daily trip cap and commitment to address wastewater collection/transmission system improvements at the time of site development plan review, and addition of a new Exhibit B - Master Plan Detail for Warehousing and Flex Space Uses in Commercial District. This amendment is specific and limited to the 9.6-acre tract at the northwesternmost corner of the Forest Glen of Naples PUD. The PUD currently allows development in this location according to a list of 29 commercial uses, plus all permitted uses of the C-2 Commercial Convenience District. This PUD Amendment introduces the term "flex space" as a permitted use. Flex space is not a defined term in the LDC, although it is used in real estate to describe light industrial type uses. In Section IV of the PUD included with the Draft Ordinance, the following definition is provided: For purposes of this PUD, Flex Space is defined as a business that provides specialty trade contracting, including plumbing, heating, cooling, machine repair, electrical, mechanical, and similar uses, minor fabrication. Warehousing and manufacturing are also proposed to be allowed in connection with the flex space uses. Should warehousing and flex space uses be developed, up to 10,000 square feet of the previously permitted commercial uses may be permitted in conjunction with the warehouse and flex space area. The PUD Amendment provides that the maximum development potential does not change, which remains 100,000 square feet equal to a Floor Area Ratio (FAR) of 0.24. The Amendment also adds a restriction that no outdoor storage shall be permitted for any business at any time. To address compatibility with the Forest Glen golf course and preserve area to the south, the proposed Master Plan Detail for Warehousing and Flex Space Uses in Commercial District (Exhibit B included with the Draft Ordinance) depicts a minimum 50-foot wide native vegetation preserveibuffer area along the south tract line, and the proposed Development Standards establish a minimum 75 foot building setback along the south tract line. Additionally, the current standard zoned building height of 50 feet for commercial uses is reduced to 35 feet for the flex space or warehouse uses. PUDA-PL20200002302; Forest Glen of Naples PUD Amendment Page 7 of 15 January 19, 2023 Packet Pg. 60 9.A.1.a PUD FINDINGS: LDC Section 10.02.13.13.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject site is within Interchange Activity Center #9, where an Innovation Zone, as an economic development zone for tax increment financing, has also been established meant to encourage economic development. This property is at the edge of the Activity Center (see the purple Activity Center boundary below), transitioning to the residential components of the Forest Glen community. The subject site has been approved for commercial uses since 1988. PL No change is proposed to the currently approved maximum building square footage of PUDA-PL20200002302; Forest Glen of Naples PUD Amendment Page 8 of 15 January 19, 2023 Packet Pg. 61 9.A.1.a 100,000 square feet. The introduction of the more intense warehousing and flex space uses is balanced by a reduced maximum height of 35 feet, an enhanced minimum 50-foot wide native vegetation preserve/buffer area along the south tract line, and an increased minimum 75 foot building setback along the south tract line. The project will be required to comply with County regulations regarding access, drainage, utilities, and preservation. Therefore, this location is suitable for the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the Commercial Tract this is the subject of this PUD Amendment. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity within the GMP Consistency portion of this staff report on page 5. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Amendment includes the following restrictions on location of improvements, restrictions on design, and enhanced buffering and screening for the proposed warehousing and flex space uses: • The Master Plan Detail for Warehousing and Flex Space Uses in Commercial District (Exhibit B included with the Draft Ordinance) depicts a minimum 50-foot wide native vegetation preserve/buffer area along the south tract line. • The proposed Development Standards in Section VI of the PUD establish a minimum 75 foot building setback along the south tract line. • The current standard zoned building height of 50 feet for commercial uses is reduced to 35 feet for the flex space or warehouse uses. • The maximum building area previously approved of 100,000 square feet will remain unchanged. • The PUD (Section VI) provides that no outdoor storage is permitted. • The PUD (Section VI) provides that warehousing and flex space uses must be conducted entirely within an enclosed building, and garage doors or windows must remain closed except when entering or exiting the building. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The PUD Master Plan indicates the minimum 30% open space requirement for commercial PUDA-PL20200002302; Forest Glen of Naples PUD Amendment Page 9 of 15 January 19, 2023 Packet Pg. 62 9.A.1.a developments will be met. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure will continue to be sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of each development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. The PUD (Section VII) includes an additional commitment that at the time of application for PPL and/or SDP approval, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. Finally, the development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. Impact fees are imposed to account for public facility impacts, and these will be required at time of development permitting. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure to accommodate this project. The PUD boundary is not proposed to be modified and cannot be expanded due to existing development to the east and south and existing public roadways to the west and north. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. No new deviations are proposed in connection with this request to amend the PUD. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GMP. PUDA-PL20200002302; Forest Glen of Naples PUD Amendment Page 10 of 15 January 19, 2023 Packet Pg. 63 9.A.1.a Consistency with the goals, objectives, and policies of the (FLUM) and other elements of the GMP is summarized in the GMP Consistency portion of this staff report on page 5. 2. The existing land use pattern. The surrounding land use pattern is described in the Surrounding Land Use and Zoning section of this staff report. This property is at the edge of the Activity Center (see the purple Activity Center boundary below), transitioning to the residential components of the Forest Glen community. The subject site has been approved for commercial uses since 1988. The Amendment as proposed aligns with the existing land use patterns of the surrounding area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This Amendment does not represent the creation of a district. The subject site is already zoned PUD and allowed to develop with commercial uses; this Amendment is to allow additional uses on the property. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing district boundaries are logically drawn. This petition does not propose any change to the boundaries of the PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary; however, it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to include the proposed uses and development standards that are specific to the subject property. Commercial uses have been approved for the subject site since 1988, however it has not developed. This PUD Amendment reflects the property owner's interest in adjusting the array of uses and the conceptual plan to respond to the current marketplace and community interests. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The introduction of the more intense warehousing and flex space uses brings employment opportunities and services to the neighborhood. The impacts of the development on the neighborhood are balanced by a reduced maximum height of 35 feet, an enhanced minimum 50-foot wide native vegetation preserve/buffer area along the south tract line, and an increased minimum 75 foot building setback along the south tract line. No change is proposed to the currently approved maximum building square footage of 100,000 square feet. The PUD (Section VI) provides that no outdoor storage is permitted, and that warehousing and flex space uses must be conducted entirely within an enclosed building, and garage doors or windows must remain closed except when entering or exiting the building. With these limitations, restrictions, and the design as shown on the Master Plan, PUDA-PI-20200002302; Forest Glen of Naples PUD Amendment Page 11 of 15 January 19, 2023 Packet Pg. 64 9.A.1.a the proposed PUD Amendment is not anticipated to adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat). Additionally, the development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed PUD Amendment request is not anticipated to create adverse drainage impacts in the area; provided stormwater best management practices, treatment, and storage on this project are addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). Water Management and Dry Detention areas are generally depicted on Exhibit B - Master Plan Detail for Warehousing and Flex Space Uses in Commercial District. County staff will evaluate the project's stormwater management system, calculations, and design criteria at the time of SDP and/or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated the changes proposed to this PUD Amendment would seriously reduce light or air to the adjacent areas. The current standard zoned building height of 50 feet for commercial uses is reduced to 35 feet for the flex space or warehouse uses. 10. Whether the proposed change will adversely affect property values in the adjacent areas. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Adjacent properties are already developed or dedicated as preserve areas. This PUD Amendment does not constitute a deterrent to development of other properties in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed PUD Amendment is consistent with policies of the Growth Management PUDA-PL20200002302; Forest Glen of Naples PUD Amendment Page 12 of 15 January 19, 2023 Packet Pg. 65 9.A.1.a Plan, so proposed amendment can be deemed to be in alignment with public welfare and not a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without amending the PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The proposed development standards and developer commitments help ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Other sites in the County do accommodate the proposed uses. The petition was reviewed for compliance with the GMP and the LDC, and staff did not do comparisons or evaluations of other sites in the course of review of this petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Public facility capacities have been reviewed as part of this application process. The activity proposed by this amendment will have no adverse impact on public utilities facility adequacy. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. PUDA-PI20200002302; Forest Glen of Naples PUD Amendment Page 13 of 15 January 19, 2023 Packet Pg. 66 9.A.1.a NEIGHBORHOOD INFORMATION MEETING (NIM): The first NIM conducted for this petition was held on May 20, 2021 at Fairway Bible Church, 3885 The Lords Way, Naples. The attendees at the first NIM expressed strong objection to the proposal, which was for converting the Commercial Tract to multifamily residential apartments. Following the first NIM, the applicant made wholesale changes to the PUD Amendment, resulting in the current request for amending the Commercial Tract to allow warehousing and flex space uses. The applicant conducted the second NIM on September 6, 2022 at Shepherd of the Glades Lutheran Church, 6020 Rattlesnake Hammock Road, Naples. The meeting commenced at approximately 5:30 p.m. and ended at 6:02 p.m. There were approximately 30 people in attendance and 24 participants via ZOOM. The agent for the applicant explained the request for the proposed PUD Amendment to add flex warehouse and auto storage uses to the Commercial Tract with additional development standards. Tom Renaldi, counsel to Forest Glen Country Club and Association, stated that Forest Glen will not object to the application as proposed based on an agreement between the parties through a Memorandum of Understanding. The agent was asked to describe the buffer zone and the minimum 50-foot wide landscape preserveibuffer along the south tract line. Concerns were raised about drainage and whether it would impact the abutting golf course. The agent responded that the system is designed for pre- treatment of stormwater onsite and discharge into the golf course lakes which are part of a master planned system. An inquiry about the site being commonly owned, or buildings sold off, or units being condominiumized or rented was not resolved, because the agent stated that business decision has not been made. An inquiry was made about the meaning of flex space, and the agent stated that many contractor types may use flex space, which typically has office in front and warehousing, indoor storage, equipment, or light assembly space behind. An attendee questioned the type of vehicles that may occupy vehicle storage, which the agent stated could be cars, trucks or recreational vehicles (RVs). Other questions related to traffic impacts and operational hours. A copy of the September 6, 2022 NIM documentation is included in Attachment C. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project does 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. PUDA-PL20200002302; Forest Glen of Naples PUD Amendment Page 14 of 15 January 19, 2023 Packet Pg. 67 9.A.1.a COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on January 19, 2023. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward petition PUDA- PL20200002302 to the Board of County Commissioners (BCC) with a recommendation of approval. Attachments: A) Draft Ordinance B) Application/Backup Materials C) NIM Documentation PUDA-PL20200002302; Forest Glen of Naples PUD Amendment Page 15 of 15 January 19, 2023 Packet Pg. 68 ORDINANCE NO.2023- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 99-69, AS AMENDED, THE FOREST GLEN OF NAPLES PLANNED UNIT DEVELOPMENT (PUD), BY CHANGING THE COMMERCIAL DISTRICT TO THE COMMERCIAL/INDUSTRIAL DISTRICT, BY ADDING WAREHOUSING AND FLEX SPACE USES INCLUDING SPECIALTY TRADE CONTRACTING, MINOR FABRICATION AND MANUFACTURING AS PRINCIPAL USES IN ADDITION TO PREVIOUSLY PERMITTED COMMERCIAL USES ON THE COMMERCIAL TRACT LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND BECK BOULEVARD, SUBJECT TO THE LIMITATION OF 100,000 SQUARE FEET FOR ALL USES ON THE COMMERCIAL TRACT. THE SUBJECT COMMERCIAL TRACT CONSISTING OF 9.6f ACRES IS PART OF THE 635f ACRE PUD LOCATED, IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20200002302] WHEREAS, on October 12, 1999, the Board of County Commissioners approved Ordinance No. 99-69, which created the Forest Glen of Naples Planned Unit Development ("PUD"); and WHEREAS, the PUD master plan was subsequently amended by Collier County Planning Commission Resolution Number 01-21; and WHEREAS, BBP Realty LLC and Naples TLR, LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A., and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the PUD NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [21-CPS-02071/1764026/1 1135 Forest Glen \ PL20200002302 1 of 2 2/21/23 Packet Pg. 69 9.A.1.b SECTION ONE: Zoning Classification. The PUD Document attached to Ordinance No. 99-69, as amended, is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: �oL, ti� Heidi Ashton-Cicko a- v�' Managing Assistant County Attorney Attachments: Exhibit A - PUD Document [2 1 -CPS-02071/1764026/1]135 Forest Glen \ PL20200002302 2/21/23 2 of 2 2023. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Lo Rick LoCastro, Chairman Packet Pg. 70 9.A.1.b FOREST GLEN OF NAPLES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLANS GOVERNING FOREST GLEN OF NAPLES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Ronto Golf Estates, Inc. 3185 Horseshoe Drive S. Naples, FL 34104 PREPARED BY: PMS, INC. OF NAPLES 2335 TAMIAMI TRAIL NORTH SUITE 408 NAPLES, FL 34103 AMENDED BY: GRADY MINOR & ASSOCIATES. P.A. 3800 VIA DEL REY, BONITA SPRINGS, FL 34134 AND COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 TAMIAMI TRAIL NORTH, SUITE 300, NAPLES, FL 34103 FOR: BBP REALTY, LLC AND NAPLES TLR, LLC 16611 FIRENZE WAY, NAPLES, FL 34110 DATE REVIEWED BY CCPC DATE APPROVED BY BCC October 12, 1999 ORDINANCE NUMBER 1999-69 AMENDMENTS AND REPEAL Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 1 of Packet Pg. 71 9.A.1.b INDEX PAGE List of Exhibits and Tables 4 3 Statement of Compliance i4i 4 SECTION I Property Ownership, Legal Description and Short Title 4-.4 5 SECTION II Project Development 2-.4 7 SECTION III Residential Development Areas 3-4 13 SECTION IV Golf Course / Open Space 4416 SECTION V Preserve District 3-.4 19 SECTION VI Commercial District 6421 SECTION VII General Development Commitments 7-.4 26 I Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 2 of Packet Pg. 72 9.A.1.b LIST OF EXHIBITS AND TABLES EXHIBIT "A" Planned Unit Development Master Plan EXHIBIT `B" Master Plan Detail for Warehousing and Flex Space Uses in Commercial District TABLE TABLE II Land Use Summary Development Standards ii Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 3 of Packet Pg. 73 9.A.1.b STATEMENT OF COMPLIANCE The development of approximately 635 acres of property in Collier County as a Planned Unit Development to be known as Forest Glen of Naples PUD will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan. Forest Glen of Naples is a mixed commercial residential golf course community with associated recreational uses and will be consistent with the applicable elements of the Collier Growth Management Plan for the following reasons: The property includes the entire southeast quadrant of the C.R. 951 and Davis Boulevard (S.R. 84) Interchange Activity Center, which accommodates the planned ten (10) acres of commercial and warehousing and flex space land uses. The remaining six hundred and twenty-five (625) acres of project area within Section 2, Township 50 South, Range 26 East, lies within the Urban Residential Fringe Subdistrict, which makes these lands eligible for a 1.5 unit per acre density, or 938 units. This residential development density eligibility is substantially greater than the planned 799 units or 1.26 units per acre. 2. The ten (10) acres of project area which lie within the Interchange Activity Center are planned for mixed commercial, retail, transient lodging, warehousing and flex space and professional offices, as indicated to be appropriate by the Future Land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 4. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 6. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3. LH and 3. LL of the Future Land Use Element. 7. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 8. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 1H Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 4 of Packet Pg. 74 9.A.1.b SECTION I PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of FOREST GLEN OF NAPLES. 1.2 LEGAL DESCRIPTION All of Section 2, Township 50 South, Range 26 East, less the property previously condemned or conveyed for right-of-way located in Collier County, Florida consisting of approximately 635 acres. 1.3 PROPERTY OWNERSHIP The subject property is owned by Ronto Golf Estates, Inc., 3185 S. Horseshoe Drive, Naples, Florida 34104. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is bordered on the west by C.R. 951, on the north by S.R. 84, on the east by Toll Plaza RV Resort PUD and on the south by undeveloped agricultural land. B. The zoning classification of the project prior to approval of this PUD document was "Planned Unit Development". 1.5 PHYSICAL DESCRIPTION A. The project lies within South Florida Water Management District No. 6. Drainage from the property will discharge into Henderson Creek via the C.R. 951 Canal. B. Water Management for the project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to help restore historic water retention and preserve areas. C. Elevations within the project site range from 8.8 to 11.0 feet above mean sea level. Most of the area, however, falls within the 9.7 to 10.9 feet of elevation category. The entirety of the site lies within Flood Zone "X" according to Firm Map #120067 0425 D dated June 3, 1986. D. Soil types within the project include Keri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. 44 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 5 of Packet Pg. 75 9.A.1.b 1.6 PROJECT DESCRIPTION The Forest Glen of Naples PUD is a mixed use commercial, residential and golf course community with a maximum of 799 dwelling units and 10 acres of commercial. Recreational facilities including a golf course and clubhouse will be provided in conjunction with the dwelling units. Commercial, Residential and Recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "FOREST GLEN OF NAPLES PLANNED UNIT DEVELOPMENT ORDINANCE". Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 6 of Packet Pg. 76 9.A.1.b SECTION 11 STATEMENT OF INTENT AND PROJECT DESCRIPTION 2.1 PURPOSE It is the developer's intent to establish a commercial center to meet community wide shopping needs. It is the purpose of this document to set forth flexible guidelines for the future development of the project that meet accepted planning principles and practices and implement the Comprehensive Land Use Plan. 2.2 GENERAL A. Development of Forest Glen of Naples shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Forest Glen of Naples PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SOP approval, final plat approval, or building permit issuance applicable to this development. 2-4 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 7 of Packet Pg. 77 9.A.1.b 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. B. The final size of the recreation and open space lands will depend on the actual requirements for water management, golf course layout, roadway pattern, and dwelling unit size and configuration. USE Commercial "C" Residential "R" Golf Course FOREST GLEN OF NAPLES LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY MAX. D.U.'s / Square Footage 100,000 799 Open Space N/A (Lakes, Landscape Buffers, Preserve & Recreational areas) Total 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS ACRES 10± 170± 70± 385± 635 acres A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. P&A Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 8 of Packet Pg. 78 9.A.1.b C. The provisions of Division 3.3 of the Collier County and Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provide in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public, private, easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. 2.5 MODEL HOMES / SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Forest Glen of Naples PUD subject to the requirements of Section 2.6.33.4 of the Collier County Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2. 7 .3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County developments approval. For those areas not maintained by the Master Association, the Developer has created Property Owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the Property Owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving Forest Glen of Naples PUD, together with any applicable permits from Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 9 of Packet Pg. 79 9.A.1.b 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.2.3. The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Forest Glen of Naples Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of Forest Glen of Naples PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 2-4 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 10 o packet pg. 80 9.A.1.b B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - Fifteen feet (15 ') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines - One half (1/2) the height of the structure, minimum of twenty feet (20'). 3. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5 '). 4. Minimum distance between unrelated structures -Ten feet (10'). Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Sidewalks, bikepaths, and cartpaths may be placed within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 375 acres included in the Recreation, Golf Course, Landscape/Open Space, Lakes and Preserve District designations. These areas fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be in conformance with Section 2.4.4 of the Land Development Code 1. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 11 o packet pg. 81 9.A.1.b 2. Ground cover on the side of be berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75% native species. 4. Shrubs shall be a minimum of 35% native species. Words underlined are additions, words st-Fuek through are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 12 o packet pg. 82 9.A.1.b SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A", the PUD Master Plan as "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 799. The subject property contains a gross acreage of 635 acres and base density of 1.26 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling unit types, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. Principal Uses 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multiple -family dwellings. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. 7. Fire Station Front yard - minimum 20' 34 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 13 o packet pg. 83 9.A.1.b Side yard - minimum 5' Front yard - minimum 20' B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Guest houses, pursuant to Section 2.6.14 of the Collier County Land Development Code 3. Common area recreational and utilitarian facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1-5 apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Forest Glen of Naples PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I1 shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. Off street parking required for multi -family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge -shall separate any parking aisle or driveway from any abutting road. F. Single-family patio and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table I1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein. G. Housing structure types including lot orientation for single-family detached housing such as zero lot line versus non -zero lot line orientations may not be mixed. 3-.2 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 14 o packet pg. 84 TABLE II FOREST GLEN OF NAPLES COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND STANDARDS SINGLE FAMILY DETACHED PATIO & ZERO LOT LINE TWO FAMILY AND DUPLEX SINGLE FAMILY ATTACHED AND TOWNHOUSE MULTI - FAMILY DWELLINGS Category 1 2 3 4 5 Minimum Lot Area 6,500 SF 5,000 SF 3,500 SF 5,000 SF 1 Ac Minimum Lot Width *5 50' 40' 35'*4 40' 100, Minimum Lot Depth 100, 100, 100, 100, 100, Front Yard 20' *3 20' *3 20' *3 20' *3 20' *3 Side Yard 5 0 or 5' *6 0 or 5' 0 or 5' 15' Rear Yard 15' 15' 15' 15' 15' Rear Yard *1 5' 5' 5' 5' 5' Rear Yard Accessory 10, 10, 10' 10, 10' Maximum Building Height *2 35 feet 35 feet 35 feet 35 feet 50 feet *7 Distance Between Principal Structures and Accessory Structures 10, 10, 10' 10, 10' Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 850 SF 750 SF All distances are in feet unless otherwise noted. * 1 — Rear yards for principal and accessory structures on lots and tracts which abut golf course, lake, open space, or preserve areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Project Plan Review. Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *2 — Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 — Single-family & Multi -family dwelling units which provide for 2 parking spaces within an enclosed garage per unit and provide for guest parking other than in private driveways may reduce the front yard requirement to 15' for the garage. *4 — Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 S.F. *5 — Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *6 — Zero feet (0') or a minimum of five feet (5') on either side except that where the zero feet (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard. Zero feet (0') yards may be used on both sides of a structure provided that the opposite ten foot (10') yard is provided, except that wherever a zero (0) sideyard is established an overall plan of all the lots in the plat showing building envelopes for all of the lots shall be submitted to the Customer Services Department to ensure that a spacing of ten feet (10') between structures is maintained. *7 — Building setbacks for structures over 35 feet in height shall be 100 feet from any perimeter boundary. Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 15 o packet pg. 85 9.A.1.b SECTION IV GOLF COURSE, OPEN SPACE '7' The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course Open Space tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Golf courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilties and pump buildings, utility and maintenance staff offices. Public administrative facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 44 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 16 o packet pg. 86 9.A.1.b B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this district. 2. Pro -shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 3. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.3 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course / Open Space District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential tracts. B. Accessory structures shall be set back a minimum of ten feet (1 O') from Golf Course / Open Space District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures - 2 stories or Thirty feet (30'). 2. Accessory Structures - 1 story or Fifteen feet (15'). E. Minimum distance between principal structures - Ten feet (10'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. 42 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 17 o packet pg. 87 9.A.1.b H. Parking for the community center/clubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking. I. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4.3 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 18 o packet pg. 88 9.A.1.b SECTION V PRESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Forest Glen of Naples Community designated on the Master Plan as Preserve District. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Forest Glen of Naples Community residents. 5.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to Regional, State and Federal permits when required; A. Principal Uses Parks, passive recreational areas, boardwalks. 2. Biking, hiking, and nature trails. 3. Golf cart and Equestrian paths. 4. Wildlife sanctuary. 5. Pathways and or bridges, subject to appropriate approvals by permitting agencies. 6. Recreational shelters and restrooms, in Preserve upland areas. 7. Drainage, water management, and utilitarian facilities, subject to all needed permits. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 54 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 19 o packet pg. 89 9.A.1.b 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County Land Development Code. Rear yards for principal and accessory structures on lots and tracts which abut a golf course, lake, non jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall be incorporated in to design. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures -Twenty five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Forest Glen of Naples Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any . applicable permit granted by other agencies. The developer, its successor(s) or assigns, the Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve District. Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 20 o packet pg. 90 9.A.1.b SECTION VI COMMERCIAL DISTRICT 6.1 PURPOSE The purpose in this Section is to identify the commercial uses and development standards applicable to tracts designated on Exhibit "A" and Exhibit `B" as Commercial. A maximum of 100,000 square feet of uses may be constructed within this district. 6.2 USES PERMITTED The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses. No outdoor storage shall be permitted for any business at any time. Unless otherwise provided for in this Section, all permitted uses of the C-2 Commercial Convenience District, Section 2.2.13 of the Collier County Land Development Code. 2. Apparel and Accessory Stores (groups 5611-5699). 3. Auto and Home Supply Stores (5531). 4. Business Services (groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 5. Eating Places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to locational requirements of Sec. 2.6.10). 6. Depository Institutions (groups 6011-6099). 7. Drinking Places (5813 excluding bottle clubs). All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of Sec. 2.6.10). 8. Food Stores (groups 5411-5499 except no roadside sales). 9. Depository Institutions [groups 6021 - 6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 10. Gasoline Service Stations (group 5541), as described in Section 2.6.28 of the Collier County Land Development Code. 11. General Merchandise Stores (groups 5311-5399). 64 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 21 o packet pg. 91 9.A.1.b 12. Group Housing, excluding Family Care Facilities, subject to See. 2.6.26 of the Collier- COUPA.. Land DevelepmepA compliance with Section 5.05.04 of the LDC. 13. Home Furniture, Furnishing, and Equipment Stores (groups 5712-5736). 14. Health Services (groups 8011- 8049, 8082). 15. Hotels and Motels (group 7011). 16. Insurance Agents, Brokers, and Services (group 6411). 17. Legal Services (group 8111). 18. Membership Organizations (groups 8611-8699). 19. Miscellaneous Repair Services (groups 7629-7631). 20. Miscellaneous Retail (groups 5912-5932 except pawnshops and all uses dealing with secondhand merchandise, 5941-5999). 21. Motion Picture Theaters, except drive-in (7832). 22. Paint, Glass, and Wallpaper Stores (5231). 23. Personal Services (group 7212 Dry cleaning and laundry pickup stations only, 7215, 7217, 7219 - 7261 except crematories, 7291). 24. Professional Offices, Medical Offices, and Management Consulting Services (group 8711 - 8748). 25. Public Administration (groups 91 11-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 26. Real Estate Agents and Managers (group 6531). 27. Travel Agencies (group 4724). 28. United States Postal Service (4311 except major distribution centers) 29. Veterinary Services (groups 0742, excluding outside kenneling). 30. Video Tape Rental (7841). 31. Warehousing and Flex Space Uses: For purposes of this PUD, Flex Space is defined as a business that provides specialty trade contracting, including plumbing, heating, cooling, machine repair, electrical, mechanical, and similar uses, minor fabrication. Warehousing and manufacturing may also occur in conjunction with the flex space uses. Should warehousing and flex space uses be developed, up to 10,000 square feet of permitted uses 1-30 may be permitted in conjunction with the warehouse and flex space area. Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 22 o packet pg. 92 9.A.1.b a. These uses are subject to Exhibit B, Master Plan Detail for Warehousing and Flex Space Uses in Commercial District. If the Tract is developed in accordance with Exhibit B Master Plan Detail, only the Warehousing and Flex Space uses below are permitted, and except as provided in use 31 commercial uses #1 through #30 listed above are not permitted. b. Construction (Groups 1521-1542, 1711-1799 including but not limited to the following): i. General Contractors ii. Building Contractors iii. Residential Contractor iv. Mechanical Contractor v. Roofing Contractor vi. Sheet Metal vii. Air Conditioning Contractor viii. Electrical Contractor ix. Plumbing Contractor X. SwimmingPpa Contractor — repair and installation xi. Aluminum/Screen Enclosure xii. Alarm System & Burglar Alarm contractor xiii. Cabinet Installation xiv. CarpentrX xv. Decorative Metal xvi. Defense xvii. Drywall xviii. Electrical Sian Contractor xix. Fence contractor xx. Floor Covering Installation xxi. Garage Door Installation xxii. Glass and Glazing xxiii. Hurricane Shutter/Awning xxiv. Insulation xxv. Irrigation Sprinkler xxvi. Landscaping xxvii. Nonelectrical sign contractor xxviii. Painting xxix. Paving blocks contractor xxx. Plastering and Stucco c. Automotive Repair(7532, 7533, 7536-7539—,7-.549) All auto repair services must occur in a fully enclosed building and which garage bay doors ma,r�y be open during entering and existing the building. d. Warehousing_(Groups 4214, 4222 and 4225, includes personal automotive storage known commonly as car condominiums). e. Wholesale trade (Groups 5013, 5014-except tires, used -wholesale, 5021, 5023, 5044-5049, 5063-5078, 5087, 5091, 5092) Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 23 o packet pg. 93 f. Manufacturing (Groups 2024, 2051, 2086, 2431, 2434, 2511-2599, 2711-2796, 3021-3089, 3131-3199, 3231, 3444, 3446, 3451, 3452, 3484-no firearm assembly or test firing on -site, 3812-3873, 3911-3961, 3993) g. In addition to the development standards identified in Section 6.4, warehousing and flex space uses must be conducted entirely within an enclosed building, which garage doors or windows must remain closed except when entering or exiting the building. 34-32. Any other gene..,' ,.effw,o,.6 use which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. 6.3 PERMITTED ACCESSORY USES IN STRUCTURES A. Accessory uses and structures customarily associated with the uses permitted in this District. 64 B. Essential services and facilities. 6.4 DEVELOPMENT STANDARDS A. Principal structures shall be set -back a minimum of fifty feet (50') from Golf Course\ Open Space, Residential PUD boundaries, private and public roads. Flex space and warehouse uses identified in Section 6.2 shall have a minimum building setback from the southern commercial tract boundary of 75 feet. B. Accessory structures shall set back a minimum of ten feet (10') from Golf Course\ Open Space boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts and public roads. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare and unreasonable interference. D. Maximum height of structures - Fifty feet (50') for commercial uses. Twenty-eight feet (28' flex space or warehouse uses identified in Section 6.2. E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures - None, or a minimum of ten feet (10') with unobstructed passage from front to rear yard. G. Minimum distance between all other accessory structures -Ten feet (10'), H. Minimum floor area - None required. I. Minimum lot or parcel area - None, required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 24 o packet pg. 94 9.A.1.b effect at the time of Site Development Plan approval. Unless otherwise indicated required yards, heights, and floor area standards apply to principal structures. K. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code, Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors except for decorative trim. All roofs must be tile or metal and shall be lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 64 L. In addition to the development standards identified in paragraphs A-K, warehousing and Flex Space uses identified in Section 6.2 uses must be conducted entirely within an enclosed building, which garage doors or windows must remain closed except when entering or exiting the building. No outdoor storage shall be permitted. No garage door shall open toward the southern boundary of the commercial district boundary. M. If flex space and warehousing uses identified in Section 6.2 are developed within the commercial portion of the PUD, a minimum 55 foot wide native vegetation preserve/buffer area must be identified on the Site Development Plan along the south tract line. The buffer shall meet the opacity standards of a type `B' buffer. Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 25 o packet pg. 95 9.A.1.b SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 7.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulation applicable to this PUD Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is bound by the commitments within this agreement. 7.3 PUD MASTER PLAN A. Exhibit "A", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. C. The following shall be considered minor changes and refinements, subject to the limitations of PUD Section 7.3A: Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 74 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 26 o packet pg. 96 9.A.1.b 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features. 4. Internal realignment of rights -of -way other than a relocation of access points to the PUD. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 7.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Forest Glen of Naples project is contemplated in calendar year 1998 with completion of the golf course and project infrastructure anticipated to occur in calendar year 1998/1999. Marketing of commercial and residential sites and golf course memberships begin in calendar year 1998, and is expected to be concluded in calendar year 2008. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 7.5 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium association, homeowners associations, or community recreation / public buildings / public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. 7.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17 of the LDC. B. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: 1. Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de-sacs are required to have a minimum of forty feet (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 27 o packet pg. 97 9.A.1.b 3. All other local streets are required to have a minimum forty feet (40') right-of-way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 4. Cul-de-sacs may exceed a length of one thousand feet (1000,) per Subsection 3.2.8.4.16.6 of the Land Development Code. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10 6. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FOOT MUMS) and AASHTO criteria are met. 7. LDC Subsection 3.2.8.3.19: The standard that street name markers shall be approved by the Development Services Director and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. LDC Subsection 3.2.8.4.16.8: The minimum back of curb radii for internal roads shall be 30 ft. with the exception of both entrance road intersections which shall be 40 ft. 7.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. The Developer shall provide, consistent with Ordinance 82-91, left and right turn lanes on C.R. 951 and S.R. 84 at all project entrances to residential only areas prior to the issuance of any certificate of occupancy. The Developer shall provide turn lanes and a median opening at approximately one-half mile south of the intersection of C.R. 951 and S.R. 84 prior to the issuance of any certificate of occupancy. Access to the commercial parcel via old S.R. 84 shall incorporate turn lanes if warranted for both eastbound and westbound movements along with collector road improvements to S.R. 84 between the access point and C.R. 951. The collector road improvements which may be necessary include road widening and application of asphalt friction surface. The Developer shall bear the cost of needed C.R. 951 intersection modifications on a fair share basis. All such improvements to old S.R. 84 shall be on a fair share basis with the Developer of the Toll Gate Commercial PUD. B. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at project accesses when deemed warranted by the County Engineer. The signals shall be owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all project accesses prior to the issuance of any certificate of occupancy for a building accessed from a project entrance. C. Since future six laning is projected for C.R. 951, and since such road improvements may require relocation of the existing canal to the east, an additional drainage easement may be necessary to be dedicated to the County along C.R. 951 with a maximum width of up to 50 feet (50') based on actual or conceptual road plans. The dedication of easement to the County will be of no Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 28 o packet pg. 98 9.A.1.b additional cost to the County. Use of the drainage easement can be shared for both on -site water management and future road drainage when deemed necessary by Collier County. This commitment has been satisfied. D. The maximum total daily trip generation for the Commercial Tract within the PUD shall not exceed 389 new two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 7.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-1704-31, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on -site water distribution system serving the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the Developer during the design phase of the project. D. A water distribution system shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights -of -way or within utility easements as set forth in Collier County Ordinance 97 1704-31, as amended, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, his assigns or successors. E. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. F. The developer shall, at his cost, extend the 12" force main which presently terminates at Naples Heritage to a point just South of SR 84. Said main shall be capped. 74 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 29 o packet pg. 99 9.A.1.b G. A sewer distribution system shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights -of -way or within utility easements as set forth in Collier County Ordinance97 1704-31, as amended, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned. operated and maintained by the developer, his assigns or successors. H. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. I. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP)gpproval, as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or pp rades shall be determined during PPL or SDP review, as determined by the County manager or designee. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for M portion or phase of the development that triggers the need for such improvements and/or upgrades, as determined by the County manager or designee. lee. 7.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with 3.2.8.4.7.3 of the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 30 o Packet Pg. 100 9.A.1.b LffAl 7.10 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Planning Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Director. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code, including those set forth in Division Three (3). C. The developer, and all successors in interest to the developer, are hereby placed on notice that they shall be required to satisfy the requirements of all County development ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 7.11 WATER MANAGEMENT A. Detailed paving, grading and site drainage plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted, by Planning Services Director. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. Landscaping shall not be placed within the water management areas unless specifically permitted by the Collier County Land Development Code. D. An excavation permit shall be required for the proposed lake in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. flAPAR 9 W.110101lore] A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 7.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractor's 7.6 storage and office facilities and the like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 31 o Packet Pg. 101 9.A.1.b marketing or construction activity which they are accessory to. 7.14 SIGNS 1. General A. All county sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. B. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. C. Should any of the signs be requested to be placed within the public right-of-way, a right-of-way permit must be applied for and approved. D. All signs shall be located so as not to cause sight distance problems. 2. Entrance Signs A. Two (2) signs with a maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance of the development. B. Entrance signs shall not exceed a height of fifteen (15) feet above the finished ground level of the sign site. C. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. 3. Project Signs A. Project signs, designed to promote Forest Glen of Naples project, or any major use within the project shall be permitted along the east side of CR 951, the south side of SR 84 and on all land tracts within Forest Glen of Naples limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along SR 84 frontage and two (2) shall be located along CR 951 frontage. The location of such signs shall generally be limited to a one-half mile spacing requirement unless existing vegetation requires a somewhat closer spacing f 10%. 3) Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 32 o Packet Pg. 102 9.A.1.b 7.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 7.16 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off -site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of said Division 3.5 are applicable. Lfff-11 Words underlined are additions; words t-FuckFeugh are deletions PL20200002302, Forest Glen of Naples PUDA2022-r6.docx February 17, 2023 Page 33 o Packet Pg. 103 and soldeN 10 uaPD;saaod - ZO£ZOOOOZOZ-ld : ZLVVZ) £UZZO - ODueuipJp Veaa - V 11v :;uauay0e;;y A O V Gir O� O N _�«..,... z a VZ (ls6 'N'D) UvA31nos 831110D .� w°`_�3 -it O W EXHIBIT 'All 1--o (np Nw� Ix O U— 7 rn LO co z n m m Q I 9.A.1.b I 1711d\Iw 0 O r I— m x 00 O r m D 0 BECK BOULEVARD PAVEMENT SIDEWALK LANDSCAPE PRESERVE/BUFFERS PER LDC (SEE NOTE #2 ON SHEET 2 OF 2) t- N 0 60' 120' SCALE: 1" = 120' DRAINAGE CANAL AND ROW -- DRAINAGE CANAL AND ROW ►¢ . . . -roo+ + + f_ - �F T + + + + Z 0 _+ +� +� DRY DETENTION + + D m w1rop+ + + c cn + + i Ocm +� + �pO + f + �l m_ x j +� _ z � o Oc ++ I D m cn 0 m TI m -n \ l -n 0O-+� m m r- I+ D m '+ Z x x + 1 m z +I 0 cn M G-+� r m m + C� Z 1 + m z z0+j m0 DTI + # mm r z + +- G Z + m D o m _+ + VEHICLE STORAGE UNITS m � Cn O -u I+ + m mc: L + 0 c + + + + +to PRESERVE/LANDSCAPE BUFFER + �,+ + + L+- + + + + + + + + + SEE SECTION 6A.M. OF THE PUD + + + + FOREST GLEN OF NAPLES PUD (GOLF COURSE AND PRESERVE) p. Brad' 11'�' u and Aa—T.LCa, P.A. GradyMinor :pT) Via uni Rey Curia �pringa, Florida 31131 Civil Engineers . Land Surveyors . Planners . Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Bonita Springs: 239.947.1144 Ivw IV. GPAII/yMinnP. rnm Fort Myers: 239.690.4380 FOREST GLEN OF NAPLES PUD IOH CODE: EXHIBIT B DAZE MASTER PLAN DETAIL FOR WAREHOUSING AND FLEX SPACE USES IN COMMERCIAL DISTRICT rILE xAEz REVISED: 02/17/2023 Packet Pg. 105 I 9.A.1.b I SITE SUMMARY TOTAL SITE AREA (C): 9.64± ACRE COMMERCIAL OPEN SPACE: MAXIMUM 100,000 S.F. REQUIRED: COMMERCIAL - 30% PROVIDED: COMMERCIAL - 30% PRESERVE: NONE, REQUIREMENTS HAVE BEEN MEET IN THE OVERALL PUD AS SHOWN ON EXHIBIT "A", PUD MASTER PLAN. NOTES- 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. ALL LANDSCAPE BUFFERS WILL MEET OR EXCEED LDC REQUIREMENTS. SEE SECTION 6A.M. OF THE PUD. 3. OPEN SPACE FOR THE PUD IS PROVIDED THROUGHOUT THE OVERALL PUD AND IS NOT SEPARATELY CALCULATED FOR EACH TRACT. THE COMMERCIAL DEVELOPMENT SHALL PROVIDE A MINIMUM OF 30%. Q. Grady Woe, and 1,—TA- P.A. 0 GradyMinor :3131311 Vla Del Rv Pko.iw sprhlq�. Flurlda 31131 Civil Engineers Land Surveyors . Planners Landscape Architects CerL. of Auth. h:13 0005161 CerL of A,Lh. 13 0005151 ftsm ee LC 26000266 Bonita Springs: 239.947A 144 m a iv. L'radvMinnr. enw Fort Myers: 239.690.4380 FOREST GLEN OF NAPLES PAID MASTER PLAN DETAIL FOR WAREHOUSING AND FLEX SPACE USES IN COMMERCIAL DISTRICT NOTES REVISED: 10/10/2022 Packet Pg. 106 9.A.1.c Forest Glen of Naples PUD Amendment PL20190002302 Application and Supporting Documents February 16, 2023 CCPC Hearing wGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.e( Packet Pg. 107 GradyMinor 9.A.1.c Civil Engineers • Land Surveyors • Planners • Landscape Architects January 21, 2021 Amended January 31, 2022 Mr. Timothy Finn, AICP Collier County Growth Management Department Zoning Division - Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Forest Glen of Naples PUD Amendment (PL20190002302), Submittal 2 Dear Mr. Finn: A Collier County application for Public Hearing for a Planned Unit Development (PUD) Amendment for properties located at the southeast quadrant of Collier Boulevard and Beck Boulevard is being filed electronically for review. This application proposes to amend a 9.64+/- acre parcel currently labeled as Commercial "C" on Exhibit "A", Master Plan to allow business park flex space. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing for PUD Amendment 3. Evaluation Criteria 4. Pre -application meeting notes 5. Affidavit of Authorization 6. Property Ownership Disclosure Form 7. Covenant of Unified Control 8. Addressing Checklist 9. Warranty Deed(s) 10. Sketch and Legal 11. Aerial Location Map 12. Environmental Data Requirements 13. Traffic Impact Study 14. Historical Waiver Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph.239-947-1144 Fax.239-947-0375 EB 0005151 LB 0005151 LC 26000266 www.gradyminor.com Packet Pg. 108 Mr. Timothy Finn, A/CP RE: Collier County Application for Public Hearing, Forest Glen PUD Amendment (PL20190002302), Submittal 1 January 21, 2021, Amended 2021 Page 2 of 2 15. Original PUD document 16. Revised PUD document Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions. Sincerely, r-T-:) �P� D. Wayne Arnold, AICP BBP Realty, LLC Richard D. Yovanovich GradyMinor File (FGPUDA-21) Packet Pg. 109 COAT County 9.A.1.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD of PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑■ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): BBP Realty, LLC and Naples TLR, LLC Name of Applicant if different than owner: Address: 16611 Firenze Way City: Naples Telephone: 239-261-1186 Cell: E-Mail Address: dave@bartleyrealty.com State: FL ZIP: 34110 Name of Agent: D. Wayne Arnold, AICP and Richard D Firm: Q, Grady Minor & Associates, P.A. and Coleman, Address: 3800 Via Del Rey Telephone: 239-947-1144 and 239-435-3535 Cell: Fax: Yovanovich, Esq. Yovanovich & Koester, P.A. City: Bonita Springs state: FL ZIP: 34134 Fax: E-Mail Address: warnold@gradyminor.com and rovanovich@cyklaw.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. March 4, 2020 Page 1 of 11 Packet Pg. 110 9.A.1.c COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: Forest Glen PUD Zoning district(s) to the Forest Glen PUD zoning district(s). Present Use of the Property: Undeveloped Commercial Proposed Use (or range of uses) of the property: Commercial and Business Park Flex Space Original PUD Name: Forest Glen of Naples Ordinance No.: 99-69 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 02 50 26 Lot: N•A• Block: N•A• Subdivision: N.A. Metes & Bounds Description: See Sketch and Legal included with Submittal 1 Plat Book: N.A. Page #: N.A. Size of Property: 628 _ ft. x _ Property I.D. Number: 00398880204 704 ft. = 419,918 Total Sq. Ft. Acres: 9.6+1- Address/ General Location of Subject Property: Southeast corner of Collier Boulevard and Beck Boulevard PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑ Residential ❑ Community Facilities ❑■ Mixed Use ❑ Other: ❑ Industrial March 4, 2020 Page 2 of 11 Packet Pg. 111 COAT County 9.A.1.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N ROW Drainage canal and Beck Boulevard S Forest Glen of Naples PUD Golf Course and Preserve E Forest Glen of Naples PUD Preserve and Greater Naples Fire Rescue - Station #72 W Forest Glen of Naples PUD and ROW Undeveloped, Drainage canal and Collier Boulevard If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: N.A. / N.A. / N.A. Lot: N.A. Block: N.A. Subdivision: N.A. Plat Book: N.A Page #: N.A. Property I.D. Number: N.A. Metes & Bounds Description: N.A. 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/]ndex.aspx?page=774. Name of Homeowner Association: Forest Glen Golf & Country Club Master Association, Inc Mailing Address: 3855 Forest Glen Blvd City: Naples State: FL Zip: 34114 Name of Homeowner Association: m Mailing Address: City: State: ZIP: c cu Name of Homeowner Association: a Mailing Address: City: State: a ZIP: a m w r Q Name of Homeowner Association: Mailing Address: City: State: ZIP: E t Name of Homeowner Association: Q _ Mailing Address: City: State: ZIP: March 4, 2020 Page 3 of 11 Packet Pg. 112 9.A.1.c Co*er Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. March 4, 2020 Page 4 of 11 Packet Pg. 113 COAT County 9.A.1.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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? N.A. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E, of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. March 4, 2020 Page 5 of 11 Packet Pg. 114 9.A.1.c COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): BBP Realty, LLC and Naples TLR, LLC Address: 16611 Firenze Way City: Naples State: FL Telephone: 239-261-1186 Cell: E-Mail Address: dave@bartleyrealty.com Address of Subject Property (If available): N.A. City: State: ZIP: ROPERTY INFORMATION Section/Township/Range: 0/ 5/ 26 Lot: N.A. Block: N.A. Subdivision: N.A. Fax: ZIP: 34110 Metes & Bounds Description: See Sketch and Legal included with Submittal 1 Plat Book: N.A. Page #: N.A. Property I.D. Number: 00398880204 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: No increase in intensity or density Peak and Average Daily Demands: A. Water -Peak: gpd Average Daily: gpd B. Sewer -Peak: gpd Average Daily: gpd If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 2023 March 4, 2020 Page 6 of 11 Packet Pg. 115 9.A.1.c COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 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. N.A. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N.A. 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. March 4, 2020 Page 7 of 11 Packet Pg. 116 Co*er Count y 9.A.1.c COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for planned unit development ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Printed Name STATE OF FLORIDA COUNTY OF COLLIER Owner Printed Name The foregoing instrument was acknowleged before me by means of ❑physical presence or❑online notarization this day of , 20_, by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box: ❑Are personally known to me ❑Has produced a current drivers license ❑Has produced as identification. Notary Seal Notary Signature: March 4, 2020 Page 8 of 11 Packet Pg. 117 Co*er County 9.A.1.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ■❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 0 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 x❑ ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 x❑ ❑ List Identifying Owner and all parties of corporation 1 ❑ ❑ Signed and sealed Boundary Survey 1 ❑ 0 Architectural Rendering of proposed structures 1 ❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 0 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ 0 ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 0 ❑ Traffic Impact Study 1 0 ❑ Historical Survey 1 0 ❑ School Impact Analysis Application, if applicable 1 0 ❑ Electronic copy of all required documents 1 ❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ 0 List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Packet Pg. 118 CoAr County 9.A.1.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ 0 ❑ Revised PUD document with changes crossed thru & underlined 1 0 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ 0 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: El School District (Residential Components): Amy Lockheart El conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: ASSOCIATED FEES FOR APPLICATION Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 119 Co*er Count y 9.A.1.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Legal Advertising Fees: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 CCPC: $1,125.00 BCC: $500.00 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5' and sub uent re -submittal will be accessed at 20% of the original fee _ March 15, 2022 Signature of Petitioner or Agent Date D. Wayne Arnold, AICP Printed named of signing party March 4, 2020 Page 11 of 11 Packet Pg. 120 9.A.1.c Forest Glen PUD Amendment (PL20200002302) Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. Provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. The Forest Glen Planned Unit Development (PUD) is a 635± acre project located on the southeast corner of Beck Boulevard and Collier Boulevard. The PUD has been developed with 799 dwelling units and contains a 9.6+/- acre undeveloped Commercial Tract, which authorizes up to 100,000 square feet of miscellaneous general commercial land uses. The intent of the PUD amendment is to amend the uses authorized on the Commercial Tract to add Business Park, light manufacturing, warehousing and contractor uses in addition to the previously approved commercial uses. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The property is suitable for development of business park, light manufacturing, warehousing and contractor use. The property is within Activity Center #9 boundary on the Future Land Use Map. Activity Center #9 is a mixed use activity center and specifically allows industrial uses in the southeast quadrant of the Activity Center. The County has established Activity Center #9 as an Innovation Zone which is designed to facilitate economic development opportunities and employment opportunities. The site is served by urban services, water, sewer and drainage improvements are in place to serve the commercial component of the Forest Glen PUD. Recent planned improvements Florida Department of Transportation (FDOT) intersection for the 1-75/Collier Boulevard interchange necessitated FDOT acquiring a portion of the subject property. Access to the property is prohibited in the post -take condition requiring traffic to utilize Beck Boulevard as the principal access consistent with the previously approved Master Plan. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the countyattorney. The applicant owns the 9.6± acre Commercial Tract within the PUD, which is labeled as Commercial "C" on the Master Plan. The tract is located in the northwest corner of the PUD. May 27, 2022 Page 1 of 8 FGPUDA-20 Evaluation Criteria-rl.docx GrcidyiNlino ' Chill Enginccrs • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.con Packet Pg. 121 9.A.1.c C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) The property is located within Activity Center #9 which is a mixed use activity center and permits a variety of residential, commercial and industrial land uses. The proposed PUD amendment is consistent with other Goals, Objectives and Policies of the Growth Management Plan as discussed below. Future Land Use Element: Policies 5.5 and 5.7 discourage urban sprawl by confining urban intensities to areas of the urban area where adjacent to the existing urban boundary. The property is within the Activity Center #9 boundary. The site is also identified as an Innovation Zone by Collier County acknowledging that the site is within the 1-75/Collier Boulevard Interchange and having potential to provide increases to the area tax base through job creation. Policy 5.6 requires new developments to be compatible with and complimentary to surrounding land uses. The proposed amendment to the Forest Glen PUD adds residential dwellings to the currently undeveloped Commercial Tract. The newly proposed uses are within the existing Commercial Tract of the PUD which is bordered to the south and east by either golf course or preserves. To the north is Beck Boulevard and to the west is Collier Boulevard. The proposed addition of Business Park, light manufacturing, warehousing and contractor uses to the Commercial Tract proposes no change to the previously authorized building zoned height of 50'. The currently developed residential tracts within the Forest Glen PUD have been developed with a mix of single family and multi -family dwelling units, also having a maximum building zoned height of 50'. The residential only area is physically separated from the subject property by extensive preserve and golf course tracts. Additional commitments for screening/buffering have been added in the PUD. Transportation Element: Objective 7 and implementing policies specifically Policy 7.3 promotes interconnection of projects is not applicable for this PUD amendment. The entire 799 dwelling units previously approved for Forest Glen have been constructed and there is no feasible opportunity to provide an interconnection between the subject property and the existing residential development. No interconnect is shown on the existing PUD master plan and to do so would require revisions to a conservation easement or golf course in order to provide an interconnection. Neither are feasible options. Policy 7.2 encourages internal access or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads. The current Commercial Tract was never May 27, 2022 Pone 2 of 8 FGPUDA-20 Evaluation Criteria-rl.docx Packet Pg. 122 9.A.1.c intended to be interconnected with the residential designated areas of the Forest Glen of Naples PUD, due to the existing golf course and platted conservation areas, there is no ability to internally connect the Commercial Tract to the internal road network. Policy 7.3 encourages connecting developments to adjoining neighborhoods. The Forest Glen of Naples PUD is fully developed with the exception of the Commercial Tract. There are no opportunities to connect the existing roadways to adjoining communities. Policy 7.4 encourages new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and styles. The Forest Glen of Naples PUD is substantially complete. The Commercial Tract will provide internal sidewalks and open spaces, consistent with this policy. Conservation and Coastal Management Element: Policy 6.1.1 establishes the minimum preservation areas for residential and mixed -use projects as 25% of the on -site native preservation. The Forest Glen PUD approved as Ordinance 99-69 required a minimum 25% native vegetation preservation. According to the recorded Deed of Conservation Easement, the Forest Glen PUD has in excess of 352± acres of preservation, which represents over 50% of the entire PUD acreage; therefore, the minimum 25% vegetation preservation standard has been met. No existing preserves are proposed to be modified with this PUD amendment, nor are preserves proposed on the Commercial Tract. OBJECTIVE 7.1: Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17.) This project site is currently surrounded by either roadway or development. The parcel is bordered by a roadway and canal along its western and northern boundary. This parcel fronts Beck Boulevard. To the west is a drainage canal and Collier Boulevard. To the south is golf course and preserve and to the east is preserve, fire station and a golf maintenance building. A brief examination of the parcel found no listed animals on site. The parcel is not located in a USFWS Panther Consultation Zone. Public Facilities: Wastewater Treatment Sub -Element: May 27, 2022 Page 3 of 8 FGPUDA-20 Evaluation Criteria-rl.docx Packet Pg. 123 9.A.1.c The project is located in the Urban Area and is within the Collier County Water -Sewer District boundary. Policy 2.0.1 indicates that all projects must demonstrate wastewater treatment capacity levels of service will be met. Based on the LOS analysis and review of the most recent AUIR, wastewater treatment capacity is available currently and there are no anticipated deficiencies. Policy 5.1 discourages urban sprawl by permitting universal connection to the sanitary sewer system within the Urban area. The Forest Glen PUD has existing sewer service, and the Commercial Tract will connect to the existing public wastewater system. Potable Water Sub -Element: Policy 3.1 establishes level of service standards for potable water. The LOS analysis for potable water concludes that the project is consistent with the established LOS standard adopted in the most current AUIR. Stormwater Management Sub -Element: Objective 2 provides that adopted LOS standards for each drainage basin will be maintained. The entire Forest Glen PUD has been issued a South Florida Water Management District permit and has the backbone system in place with outfall locations and rates previously established. Transportation Element: Objective 1 indicates that the County will maintain acceptable levels of service on its roadways by implementing necessary improvements or by working with other jurisdictions to implement necessary improvements to maintain LOS standards. The FDOT has acquired necessary ROW in order to implement at -grade and grade separated improvements at 1-75/Collier Boulevard in order to maintain LOS standards for Collier Boulevard. Please refer to the provided Traffic Impact Statement for a discussion on LOS related to the project. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD has development standards appropriate for the additional uses, which include buffers which has been revised to include a wall as noted on the Master Plan. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The PUD has provided over 60% open space, which exceeds the requirements of the LDC and includes native vegetation preserve areas, lakes, buffers and recreational areas. May 27, 2022 Page 4 of 8 FGPUDA-20 Evaluation Criteria-rl.docx Packet Pg. 124 9.A.1.c f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Please see the Traffic Impact Analysis for a discussion of transportation system improvements planned. g. The ability of the subject property and of surrounding areas to accommodate expansion The CPUD boundary is not proposed to be modified and cannot be expanded due to existing development to the north and east and existing public roadways to the south and west. Revisions to development standards for the Commercial Tract have been proposed to enhance the compatibility of the project. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The CPUD includes development standards and conditions, which will assure compatible and complementary development. 10.02.08 - Requirements for Amendments to the Official Zoning Atlas F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. Please see GMPA discussion under Evaluation Criteria b. 2. The existing land use pattern. The project is located within a mixed use activity center and currently permits residential, commercial and industrial development. The pattern of development south of Beck Boulevard is golf course, residential and institutional in the vicinity of the property. The modification to expand the types of non-residential uses on this parcel will be consistent with the established land use pattern adjacent to the property. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. May 27, 2022 Pone 5 of 8 FGPUDA-20 Evaluation Criteria-rl.docx Packet Pg. 125 9.A.1.c The PUD is existing and therefore no isolated district is being created. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The boundaries are not illogically drawn and comprise all of the property under the unified control of the applicant. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The property has been impacted by recently planned FDOT access improvements to the I- 75/Collier Boulevard intersection. Access to the site will not be possible directly to Collier Boulevard. The PUD amendment is necessary in order to provide for the potential for the expanded Business Park, light manufacturing, warehousing and contractor uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The PUD document includes a master plan, schedule of uses, development standards, and developer commitments, which will ensure that it is compatible with the immediately surrounding properties. The PUD master plan identifies the location of appropriate buffers and open spaces, which will further ensure that the development of the residential or Commercial Tract will have no adverse impact. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. A traffic impact analysis has been submitted in support of the proposed amendment. 8. Whether the proposed change will create a drainage problem. The project will be required to modify the Environmental Resource Permit (ERP) through the South Florida Water Management District. The ERP review evaluates historic surface water flows and controls the off -site discharge of stormwater from the site. The project will have internal water management facilities including detention areas to control the drainage for the project. No drainage issues will result from this project. 9. Whether the proposed change will seriously reduce light and air to adjacent areas The proposed change will have no impact to light or air to adjacent areas. May 27, 2022 Page 6 0 8 FGPUDA-20 Evaluation Criteria-rl.docx Packet Pg. 126 9.A.1.c 10. Whether the proposed change will adversely affect property values in the adjacent area. The modification to permit residential on the commercial designated tract should have no impact on property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. All immediately adjacent properties are developed or are utilized for golf course or preserve, therefore there is no impact to adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No. the property owner has the right to request zoning changes to their property. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing zoning is the Forest Glen PUD which permits residential and commercial land uses. The amendment is necessary to allow the expanded list of non-residential uses on the 9.6± acre Commercial Tract. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed amendment is in scale with the needs of the neighborhood and Collier County. Activity Center #9 is an Innovation Zone which was established to create economic opportunities for the County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other adequate sites in the county for the proposed uses; however, this site was previously approved to permitted commercial land uses and is within an activity center which permits the types of uses proposed. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. May 27, 2022 Page 7 0 8 FGPUDA-20 Evaluation Criteria-rl.docx Packet Pg. 127 9.A.1.c The site is presently undeveloped. Typical site work involving land clearing and importation of fill will be required to bring the site up to the required finished floor elevation. The site alterations would be required whether the site is developed for commercial or residential uses. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There are adequate roadways to the site. Improvements have been funded by FDOTto correct the only roadway deficiency in the immediate area; therefore, the capacity is considered adequate. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. Not applicable. May 27, 2022 Pacie 8 of 8 FGPUDA-20 Evaluation Criteria-rl.docx Packet Pg. 128 Goer County 9.A.1.c COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: PUDA Date and Time: Wednesday 11/25/2020 1:30PMJJ Assigned Planner: James Sabo Q 0 Engineering: Manager (for PPUs and FP's): a. m Project Information M z 4- Project Name: Forest Glen (PUDA) _ a� pL#: 20200002302 N Property ID #: 398880204 Current Zoning: PU17 c U- Project Address: City: Naples State: FL Zip: 34114 c Applicant: Sharon Umpenhour - Grady Minor c Agent Name: D . Wayne Arnold -Grady Minor Phone: 239-947-1144 N Bonita Sprin s,FL 34134 N Agent/Firm Address: 3800 Via Del Rey City: Stale: Zip: a Property Owner: Naples Land LLC N v N Please provide the following, if applicable: i. Total Acreage: a a ii. Proposed # of Residential Units: 0 iii. Proposed Commercial Square Footage: m 0 iv. For Amendments, indicate the original petition number: v V. If there is an Ordinance or Resolution associated with this project, please indicate the a El type and number: M w vi. If the project is within a Plat, provide the name and AR#/PL#: Q w c d E 0 r Updated 7/11/2019 a Page 1 1 of 5 Packet Pg. 129 Calr 9.A.1.c ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is irequired for all applications. A copy of this new form is included in your pre-app Note — lip nk is https://www.coIIiergov.net/Home/5howDocument?id=75093. tULC _S 01,4.3 F6r -fkE S,;b i EJ Ptoper r,-lLluj I Cu Sea 4 ,8o-,;I- �led P Ex � 5�i�� areSLruF A�� GCS r r;ic�:}���5 0c, Z rtjr1L1n,LS •�- e /1Lri-�4 � I� d'rl +-!L ��t ai Jr+Z II+¢�•1iSGrr�tw S� e e nti t+, fn*,k M+Firlc T`�a n. P1¢i a 11,r- A . 3 F,� Ta e-% Q 5 a -ta u P& 2 ► - . Lf If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton@napiesgov.com Allyson Holland AMHolland@naplesgov.com Robin Singer RSinger(5),na0lesgov_eom Erica MarCin emartin ,,naplesgov.ogm Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 2 of 5 Packet Pg. 130 9.A.1.c ThornasClarkeVEN From: SawyerMichael Sent: Monday, December 07, 2020 10.09 AM To: ThomasClarkeVEN Cc: FrantzJeremy; SaboJames Subject: RE: Pre-App Notes for Forest Glen (PUDA)- PL20200002302 My understanding is that Trinity attended in my place. That being said you can use the following standard notes: Please check the TIS required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: Methodology meeting by email required and provide note on TIS cover sheet that fee will be collected at time of P U D submittal. Address all transportation elements of the GMP. Provide both 1TE and SIC use codes in the TIS. Provide -revise (if needed) trip limit based on TIS using standard language: "The maximum total daily trip generation far the PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDPISDPA or subdivision plat approval, " . Michael Sanger Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawver(u)colliercountyf 4ov From: ThomasClarkeVEN Thomas.Clarke@colliercountyfl.gov> Sent: Monday, December 7, 2020 9:59 AM To: SawyerMichael <Mlchael.Sawyer@colliercountyfl.gov> Cc: FrantzJeremy rJeremy.Frantz@colliercountyfl.gov>; SaboJames <James.Saba@colliercountyfl.gov> Subject: Pre-App Notes for Forest Glen (PUDA)- PL20200002302 Good Morning Mike, The Pre-App Dotes for the above are going out to the Applicant (Grady Arnold) today. ❑o you have anything you would like to add? This virtual meeting was held when you were off a couple of weeks ago. Thanks Operations Coordinator - Zoning Division Packet Pg. 131 9.A.1.c ThomasClarkeVEN From: FeyEric Sent: Tuesday, December 01, 2020 10:55 AM To: ThomasClarkeVEN Cc: RomanDaniel Subject: RE: Pre-App NOTES needed Thomas, Regarding PL20200002302 Forest Glen (PUDA) on Wednesday 11/25, please include these notes: Water service is readily available via an 8" water main on the south side of the service drive to the fire station, which terminates at a fire hydrant approximately 130 feet east of the northeast property corner. A 4" force main stub -out is available at Periwinkle Way, just south of the canal, but downstream wastewater system capacity deeds to be confirmed due to the significant increase in design flow resulting from the proposed change in land use. Public Utilities will perform this evaluation and will advise the applicant to include PUD commitment language concerning wastewater collection transmission system upgrades as needed. Respectfully, Eric Fey, P.E. Principal Project Manager C O 7CY (Z;014nty Public Utilities Engineering & Project Management Division Continuous Improvement 3339 Tomiami Trail East. Suite 303. No pies, Florida 34112-5351 Phone: 239.252.1037 Cell: 239.572.0043 "HOW ARE WE DOING?" Please Click here for our Customer Service Surve From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Tuesday, December 1, 202010:32 AM To: SawyerMichaei <Michael.Sawyer@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov>; FeyEric <Eric.Fey@colliercountyfl.gov>; Faulkner5ue <Sue.Faulkner@colliercountyfl.gov>; BrownCraig Craig.Brown@colliercountyfl.gov> Cc: FrantzJere my <Jeremy. Frantz@ coIIiercountyfl.govr, GundlachNancy ENancy.Gundlach@coIlie rcountyfl.gov>; Kellylohn EJohn.Kelly@colliercountyfl.gov>; SaboJames James.Sabo@colliercountyfl.gova Subject: Pre-App NOTES needed Good Morning All, We had several virtual Pre-App Meetings recently, and I know some of us took some time off. I have the following Pre-App Notes outstanding; if you would like to include any notes for these petitions and have not already done so, please let me know. Packet Pg. 132 9.A.1.c ThomasClarkeVEN From: TempletonMark Sent: Wednesday, November 25, 2020 2:49 PM To: ThomasClarkeVEN Subject: Forest Glen Landscape Pre -App Notes Thomas, Please insert the follow into the notes: If on updated master plan is required, label all of the applicable buffers on the master plan and add the note regarding preserves satisfying the buffer requirement. Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review Collier County Deveiopment Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disc laimer- this email is not to be interpreted as an endorsement or approval of any permit, plan, project, or deviation from the Land Development Code. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to r, public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. a� a a cu m c 0 cu Q a Q m Q c aD E t V r Q Packet Pg. 133 9.A.1.c ThomasClarkeVEN From: SaboJames Sent: Friday, December 04, 2020 4:45 PM To: ThomasClarkeVEN Subject: RE: Pre-App Notes for Forest Glen(PUDA -GMPA Pre-App Std Comments_11-19-19.doc Thomas, Thanks here you are: Pre-app notes. Zoning: PUD document submitted in the correct format. A single PDF document with strike -through and underline for the amendments. neighborhood Information Meeting required after the first review letter. Meeting audi❑ recording is required. N I M also required to be virtual and access link and number required. If Activity Center 9 is included, please provide updated information related to the activity center. Respectfully, C. James Sabo, AICP Principal Planner Cot r C014VIty Zoning Division James.Sabo a-colliercountyfl.00v 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2708 "Tell us how we are doing by faking our Zoning Division Survey of https:llgoo.aIleXivaT." as cc a Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a a public records request. do not send electronic mail to this entity. Instead. contact this office by telephone or in writing 1'9 U 0 m c 0 From: ThomasClarkeVEN <Thomas.Clarke@ coIlie rcountyfl.gov> Sent: Friday, December 4, 2020 2:26 PM 2 To: SaboJames <James.Sabo@colliercountyfl.gov> a Subject: RE: Pre-App Notes for Forest Glen(PUDA_ -GMPA Pre-App 5td Comments_11-19-19.doc a m Absolutely James! With the virtual meeting'that is what most Planners are doing now. Q E Operations Coordinator - Zoning Division U 2800 North Horseshoe Drive, Naples, FL 34104 a Phone: 239-252-2526 PJ Packet Pg. 134 9.A.1.c Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes �Unn�°nrJ,.ea.ssv �[.3nyKa,vL — S�� 4:TT&Gha-0 C-H4Pd 4 ►L'm s a'TS A I. Other required documentation for submittal (not listed on application): Disclaimer- Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 3 of 5 Packet Pg. 135 r,o-u�Krve� 9.A.1.c GMP Amendment Pre -a IIication MeetllngLStandard Comments The Comprehensive Planning Section schedules all GMP amendment pre -application meetings, which are mandatory, and coordinates the review of all amendment petitions received. Per the Fee Schedule adopted by Resolution 2019-96, the non-refundable pre -application meeting fee is $500.00; it is credited towards the petition fee — if the petition is submitted within nine months. The petition fee is $16,700.00 for a large-scale petition ($9,000.00 for a small-scale petition), which is non-refundable, plus a proportionate share of the legal advertising costs. For small-scale petitions, there are only two hearings — one each before the Collier County Planning Commission (CCPC) and Board of County Commissioners (BCC. For large-scale amendment petitions, a total of four public hearings are held - Transmittal hearing before CCPC and BCC, and Adoption hearing before CCPC and BCC. The estimated legal advertising costs will be provided to each petitioner and payment will be required prior to advertising for any hearings; any refund due the petitioner after hearings are held will be provided at that time. In addition to the petition fee and legal ad costs noted above, payment must also be made for a Traffic Impact Study Review Fee. This fee should be submitted directly to the Transportation Planning Section. Please see their website at: http://www.collieLgov.net/index.aspx?nape=566 and/or contact that Section for more details. A small-scale amendment is limited to a parcel <10 acres in size and is limited to a map amendment only or map amendment with directly related text; further, the map amendment cannot result in a conflict between the map and text — there can be no internal inconsistency in the GMP. For the most part, there is no guidance/criteria/standards provided in the GMP itself by which to review amendments for consistency; one exception is for significant impacts upon public facilities as provided for in Policy 1.1.2 of the CIE. However, Chapter 163, Florida Statutes, does provide guidance. Note particularly the requirement to provide appropriate data and analysis to demonstrate the amendment is needed. Generally, staff reviews for, and an applicant should adequately address in the submittal: Appropriateness of uses/compatibility with surrounding area. Impact upon surrounding properties — will it make them less developable under their present FLUM designation? Will it create a domino effect leading to future designation changes on the surrounding properties? Need for the designation change — data and analysis, e.g. market demand study for commercial uses, to demonstrate the change is warranted, that more inventory of the requested uses is needed. Too often, the data only demonstrates the petition site is viable for the proposed uses ("build it & they will come") rather than demonstrate there is a need for a new or expanded GMP provision to provide for the proposed uses, and that the need is at the subject location. The data should be specific to the proposed land uses, proposed trade service area, persons per household in subject area, etc. as applicable. It is recognized there is more than one acceptable methodology, e.g. radial distance from site (ULI standards for neighborhood/community/regional commercial centers), drive time, etc. Regardless of methodology, the raw data needs to be submitted to allow staff to review it for completeness and accuracy (sometimes parcels are omitted, double counted, included when shouldn't be, etc.). Also, as with all submitted documents, maps of trade service area need to be legible and include adequate identification features, e.g. major roads, Section - Township -Range. LOSS (level of service standards) impacts upon public facilities — roads, potable water, sanitary sewer, drainage, solid waste, parks & recreation facilities, etc. Within the above is consideration of site -specific impacts, e.g. impact upon wetlands and listed species habitats on -site and nearby; and, traffic impacts (operational/safety) from the 3,4.1. Packet Pg. 136 9.A.1.c traffic volume generated/attracted and/or the ingress/egress points - turning movements, median openings, traffic signals, etc. Included within this would be a comparison between impacts that would be expected under the existing zoning and/or 1"LUM designation vs. that which could be expected under the proposed amendment. ■ Consistency/conformitylharmony with other Goals, Objectives, Policies (GOPs) and provisions in the Element being amended and any other Element of the GMP relevant to the petition, as well as any other applicable regulations (e.g. Manatee Protection Plan, specific LDC provisions). • Furtherance of existing GOPs relevant to the petition. • Furtherance of any other plans or designations that is applicable or relevant to the petition (e.g. a redevelopment plan, Area of Critical State Concern, Rural Area of Critical Economic Concern). • Energy efficiency and conservation, as required in HB 697 (2998). Market Study Info for Commercial Re uests It is the responsibility of every applicant to utilize and provide the best available data as a sound foundation on which to build their requested amendment. Collier County annually produces population estimates and projections. The County also prepares regular updates to its commercial inventory — and these are available to use in market studies. Generally, the actual need for a FLUM designation change is determined through data and analysis, e.g. market demand study for commercial uses, with results which demonstrate the change is warranted, and that additional inventory of the requested uses is needed. Too often, the data faits to reach the desired standard, merely demonstrating the subject site is viable for the proposed uses ("build it & they will come) rather than demonstrating there is an actual need for a new or expanded GMP provision to provide for the proposed uses, and that this need is best served at this location. Data and analysis should substantiate that benefits from the proposed project will be evident Countywide — or at least throughout the market area to be served, without detriment to other existing and planned developments — and not only to the property owner. The data should be specific to the proposed land uses, proposed trade, market or service area, persons per household in subject area, etc., as applicable. Market demand studies should develop scenarios to explain how the subject property will compete with other `like areas' in or near the market, service or trade, area. Market demand studies should also gauge the amount of vacant units/square footage/leasable area within the Planning Community/Communities involved, and of `like area' nodes in the market area, such as within each Mixed Use Activity Center (MUAQ, each Estates Neighborhood Center, each Subdistrict, and so on — acknowledging the premise that vacancies and vacancy rates are valid indicators for determining need/demand/support. A commercial market study should contain a sufficient amount of information for a substantive review, including: 1. Identification and description of the project's tradelmarket area: • Trade/market area — radial, gravity, drive -time model or other method? o Radial: analyses are performed by selecting and evaluating demographics that fall within a pre- defined radial distance from the business location. 34.2• Packet Pg. 137 9.A.1.c o Gravity: provides an approximation of business trade area by looking spatially at the distribution of all locations, including competitors, and evaluating each location's relative attractiveness. a Drive -time. analyses include digitized roadway systems (accounts for speed, lanes, barriers, etc.). Method is valid for convenience scenarios where patrons are expected to go to the closest or most logistically convenient location. • Trade/market area size varies depending upon the scale of the development. The boundary may not be spherical — adjusted on the basis of transportation network, geographic constraints, density, etc. 2. Guidelines for determining the Market Area (ULI) Center Type Leading Typical General Typical Minimum Market Size Tenant GLA Range in Minimum Support (Radius) GLA Site Area Required Neighborhood Supermarket 50,000 sq. 30,000 — 3 acres 2,500 — 1 '/2 miles or Drugstore ft. 100,000 sq. 40,000 ft. people Community Variety 150,000 sq. 100,000- 10 + acres 40,000 — 3-5 miles Discount or ft. 450,000 sq. 150,000 Junior Dept. ft. people Store Regional One or more 400,000 sq. 300,000 -- 30-50 acres 150,000 8 miles full -line ft. 1,000,000 or more or more Dept. stores or more people of at least 100,000 sq. ft. of GLA Trade/market data must include the following figures: (estimates and projections are needed for most categories) • Population • Number of dwelling units • Household income • Total trade area income • Sales per sq. ft. (method — divide total retail sales w/in county by # of sq. ft. of retail space) • Floor Area Ratios (building to land ratios — derive from inventory) • Retail expenditures (some studies break down figures by retail type, others by percentage from Census or other source) • Supportable square feet (divide projected retail expenditures by sales per sq. ft. then multiply supportable sq. ft. by vacancy rate [to obviously account for vacancies]) • Land use requirement (divide total supportable sq. ft. by 43,560 and then by FAR to determine acreage requirements) • Supply of commercial land uses • Compare supply to demand Packet Pg. 138 9.A.1.c 4. Office demand is calculated on a per capita method (sq. ft./person) must factor in the vacancy percentage/rate, Too often the "Market Factors"/ "Population Factors" 1 "Commercial Analysis" portions of a Study appear to provide only some of these figures, but in the forth of broad statements and drawn conclusions, with the lack of proper data and analysis evident. Of course, many applicants have chosen to provide more data and analysis, but the items shown above represent the minimum amount of information necessary- to form a determination. It is important to carefully organize the amendment package; be sure all exhibits are consistently labeled, are in the proper order, and are correctly referenced on the pages of the application. For site -specific amendments, be sure to clearly identify the subject site, include North arrow and scale, and source. A petition narrative is usually helpful. For corporate ownership, it is not acceptable to only list the corporation name. In some instances, property is owned by a corporation that in turn is comprised of other corporations. It is necessary to provide a list of individuals as officers or stockholders of the corporation(s) for purposes of full disclosure. The objective of disclosure is to reveal the individuals with an interest in the property (including seeing if any staff or public officials are included). For a submitted petition, after the sufficiency review process is complete and the petition package is deemed sufficient, an electronic version of the entire submittal is needed, preferably in PDF format, preferably on a CD. This is because the County has instituted an electronic (paperless) agenda process for the Board of County Commissioners' hearings. For hard copies, the petition packages need to be submitted on 3-hole punch paper - and preferably two-sided copies - as the amendments are presented to hearing bodies in 3-ring binders. The Land Development Code (LDC) requires the petitioner of a site -specific GMP amendment to hold a Neighborhood Information Meeting (NIM) similar to that presently required for Rezone petitions; this would occur after a finding of sufficiency of the petition submittal but prior to the CCPC Transmittal hearing (or CCPC Adoption hearing in case of small-scale amendment). The LDC also requires the petitioner of a site -specific GMP amendment to post a notice(s) of the CCPC hearing on the property, for both Transmittal and Adoption hearings, and notify surrounding property owners within a specified distance by letter. Collier County Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 Phone: 239-252-2400 Fax:239-252-2946 Website: litt s://www.col[iercount il. -,ovl our-envemment/diviSiOnS-a-e/Cnm reliensive- lannin GMPA Pre-App Std Comments_11-19.19 WC©ES Planning 5erviceslComprshensive=MP PLANNING GMP DATAIComp Plan AmendmentslGIMP Pre-App Standard Comments dwl ,.¢. 4. Packet Pg. 139 Co*e.r County 9.A.1.c COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Sign -in Sheet PL# 20200002302 Collier County Contact Information: Name Review Discipline Phone Email !_ David Anthony Environmental Review 252-2497 david.anthony@colliercountyfl.gov Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudine-auclair@colliercountyfl.gov Sally Ashkar Assistant County Attorney 252-8842 saily.ashkar@colliercountyfl.gov Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov ❑�^ Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercount fl.gov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov P"- Thomas Clarke Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Prin, Environmental Specialist 252-6290 laime.cook@colliercountyfl.gov Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl..gov L_ Tim Finn, A1CP Zoning Division 252-4312 timothy.finn@colliercountyfl.gov Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@col lie rcountyfi.gov ! Jeremy Frantz LDC Manager 252-2305 Jeremy.Frantz@colliercountyfl.gov 1 James French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov Storm Gewirtz, P.E, Engineering Stormwater 252-2434 storm.gewirtz@coliiercountyfl.gov Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundlach@coiliercountyfl.gov Richard Henderlong Principal Planner 252-2464 richard.henderiong@colliercountyfl.gov John Houldsworth Engineedrig Subdivision 252-5757 john.houldsworth@colliercountyfl.gov Alicia Humphries Right -Of -Way Permitting 252-2326 allcia.humphries@coliiercountyfl.gov Erin Josephitis Environmental Specialist, Senior 252-2915 erin,josephitis@colliercountyfl.gov L Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov John Kelly Zoning Senior Planner 252-5719 john.kelly@co11iercountyfLgov IL Diane Lynch Operations Analyst 252-8243 1 diane.lynch@colliercountyfl.gov Ll Gil Martinez Zoning Principal Planner 252-4211 ilbert.martinet@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 1!thomas. mast roberto@colliercountyfLgov Updated 7/11/2019 Page 1 4 of 5 Packet Pg. 140 Cofer County 9.A.1.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coliier ov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyf;.gov i_I Michele Mosca, AICP Capital Project Planning 252-2466 micheie.mosca@collie rcountyfl. ov Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov I-1 Richard Orth Stormwater Planning 252-5092 rich ard.orth@colliercountyfl. ov rl Brandy Otero Transit 252-5859 brandy.otero@colliercountyfl.gov Srandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov Todd Riggall North Collier Fire 597-9227 triggali@northcollierfire.com _ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercount I. ❑v lames Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov �Corby Schmidt, AICP Comprehensive Planning 252-2944 Corby.schmidt@colliercountyfl.gov 1� Chris Scott, AICP Development Review - Zoning 252-2460 chrisscott@colliercountyfl.gov Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov Peter 5hawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov Camden Smith Zoning Operations Manager 252-1042 camden.smith@colliercountyfl. ov �! Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@colliercountyfl.gov Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov Jessica Velasco Zoning Division Operations 252-2584 "essica.velasco@colliercountyfl.gov —! Jon Walsh, P.E. Building Review 252-2962 Jonathan.walsh@colliercountyfl.gov David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercount fl. ov Christine Willoughby Development Review - Zonin 252-5748 Christine.willoughby@colliercountyfl.gov Daniel Zunzunegui North Collier Fire 252-2310 Daniel.2unzunegui@colliercount fl.gav �Firt.jiQrL �' l.c,� C Additional Attendee Contact Information: Name Representing phone Email RICXQ I.iiYM G U�,ly t T) t4tj ...r Updated 7/11/2019 Page 1 5 of 5 Packet Pg. 141 9.A.1.c I] ley colr4nty Growth Management Department Zoning Division PL20200002302 — Forest Glen (PUDA) - Tim Finn ApplicantlAgent may also send site plans or conceptual plans for review in advance if desired. PL20200002303 — Forest Glen GMPA - Sue Faulkner Thomas Clarke {ops. Staff Jeremy Frantz- (Ops. Mgr.) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION ■ Name and Number of who submitted pre-app request — Sharon Umpenhour 239.947.1144 ■ Agent to list for PL# - D. Wayne Arnold, AICP ■ Owner of property (all owners for all parcels) — Naples Land LLC ■ Confirm Purpose of Pre-App: GMPA and PUDA ■ Please include any Surveys, Drawings or Plans for the petition: Details about Project: Amend the PUD to allow a maximum of 280 dwelling units as a development option within the commercial tract. REQUIRED Supplemental Information provided by: Name: Sharon Umpenhour Title: Senior Planning Technician Email. sumpenhour@gradyminor.com Phone: 239.947.1144 Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor dann .condomina colliercount fI Phone: 239-252-6866 Created April 5, 2017 Location: K:�CDES Planning Services\CurrentNZoning Staff Information 1 goring Division • 2800 NoM Horseshoe Drive • Naples, Florida 34104. 23&252-2404 • wwwcoliergw.net Packet Pg. 142 ti Forest Glen PUD Amendment Location Map �r 1 J J o A DAVIS BLVD qr i SON 4L BECK BLVD :,; ' Subject Property r .r .f yr• FOREST GLEN OF NAPLES Ti .� a m 0 Q a Q m 0 r Q GradyMinor 775 387.5 0 Packet i;lrll Rn{;Ineen • Uand Survevt)rs • Planners • L,inri-,cape rlmhlEecl,s 9.A.1.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co*er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 (1 c IClcehCdge pT such Interest: Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the erceniage or S[0CK owneci oy each: Name and Address % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the iercentage pT Interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 144 9.A.1.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.net COMer G014nty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the 9 er1erdi anU/or 11mitea parrners: 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: f 9. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of- or trust: Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Q Page 2 of 3 Packet Pg. 145 9.A.1.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliergov.net Date of option: Coder county 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 Agent/Owner Name (please print) Created 9/28/2017 Date Page 3 of 3 Packet Pg. 146 9.A.1.c Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colfiercounty.go� Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX, (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?idz76983. REQUIREMENTS COPIES REQUIRED REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 ❑ Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 ❑ Signed and sealed Boundary Survey 1 ❑ Architectural Rendering of proposed structures 1 ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ Statement of Utility Provisions 1 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surreys. 1 ❑ ❑ Traffic Impact Study 1 ❑ Historical Survey 1 ❑ School Impact Analysis Application, if applicable 1 ❑ ❑ Electronic copy of all required documents 1 ❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Packet Pg. 147 9.A.1.c Col Y Co1.nty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercou nty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 A" x 11" copy El ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if the PUD ❑ ❑ El Revised PUD document with changes crossed thru & underlined 1 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: 11 Exhibit A: List of Permitted Uses ❑ Exhibit B: Development Standards ❑ Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code ❑ Exhibit D: Legal Description Cl Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU fRural Fringe Mixed Use Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS— INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School district (Residential Components): Amy Locich ea rt ❑ Conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ City of Naples utiiities Other: ASSOCIATED FEES FOR APPLICATION po Y Pre -Application Meeting: $500.00 _: PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre r�PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 transportation Review Fees: o Methodology Review: $500.00 — Oy &'"'" _F" 2`7r f_"F *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 148 9.A.1.c GcWe,r G0U14ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Legal Advertising Fees: t� CPC: $1,125.00 d SCC: $500.00 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 51 and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party March 4, 2020 Date Page 11 of 11 Packet Pg. 149 9.A.1.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20200002302 1, Roberl Linekin (print name), as Manager (title, if applicable) of sew Really, LLC (company, If a Ilcable), swear or affirm under oath, that I am the (choose one) owner= applicant =contract purchaserand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code-, 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize 0. Gtady Minor & Associates. P.A. and Coleman. Yovanovich & Koester, P.A. to act as ourlmy representative in any matters regarding this petition including 1 through 2 above, *Notes: • If the applicant is a corporation, then it is usually executed by the carp. pres. or v. pros. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents shauid typically be signed by the Company's „Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee': . In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that owrrorship. Under penalties of the facts stated W ierjury, I declare that 1 have read the foregoing Affidavit of Authorization and that are true. � J Ii'pat re Date STATE OF FLORIDA COUNTY OF COLLIER The,,foregoing instrument was acknowleged before me by means of 5ysical presence or El online notarization this tT day of a rx 2022 , by (printed name of owner or qualifier) Roban Linek4n, Manager rAreucerson(s) Notary Public must check applicable box: personally known to me ❑ Has produced a current drivers license ❑ Has produced as identification- Notary Signature: CM09-C13A-00115j155 REV 3/4/2020 4itinrar SAMUBL F CbLBURru * Commission 0 GG 947273 W Expires January 14, 2024 �O€PLO wended Thrp Budg,4 Nnlaiy Services Packet Pg. 150 9.A.1.c r: MIT, Mgo]ys1IId:1101;1 ,C11d MII FOR PETITION NUMBERS(S) PL202DOOD2302 I, Randy Johrs _ (print name), as Mar4Lger (title, if applicable) of NaplasTLR, LLc (company, If a licable), swear or affirm under oath, that I am the (choose one) owner= applicantOcontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions an the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action, 5. Well authorize BBP Realty, LLC to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. "Notes: ■ If the applicant is a corporation, then it is usually executed by the carp. pres. or v. pros. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." ■ if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. ■ If the applicant is a trust, then they must include the trustee's name and the words "as trustee". In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, 1 declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 1 ���JJJ /JfJJ/ Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of physical presence or El online notarization this day of (r 120 22 , by (printed name of owner or qualifier) Randy.loMs. Managar Such person(s) Notary Public must check applicable box: Are personally known to me ❑ Has produced a current drivers license ❑ Has produced as idfc ion. NotarySignature: oA�AlfPO, SAMUELFCOLOURN * w Commission # GG 947273 of Expires January 14, 2024 4r`�p'O BoadedThryBudge[NolarySeniees CPWR-con-0011SU55 REV 3X2020 Packet Pg. 151 CoiLYer County 9.A.1.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 nROPERTY 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: C Name and Address I % of Ownership N.A. 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 BBP Realty, LLC, 16611 Firenze Way, Naples, FL 34110 50 Robert Linekin as Manager of BBP Realty, LLC 100 Naples TLR, LLC, 16611 Firenze Way, Naples, FL 34110 50 Randy Johns as Manager of Naples TLR, LLC 50 Tyler Johns as Manager of Naples TLR, LLC 50 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Created 9/28/2017 Name and Address I % of Ownership Page 1 of 3 Packet Pg. 152 CoiLYer County 9.A.1.c COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f [* Name and Address I % of Ownership N.A. 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 'I IIut=I J, JLUL.RI IUIUIn J, UCI ICI IL.IQI ICJ, UI PCII LI ICI J. Name and Address % of Ownership lid Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers. if a comoration. DartnershiD. or trust: Name and Address Date subject property acquired 2022 ❑ Leased: Term of lease N.A. years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 153 Cotber County 9.A.1.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: N.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: N.A. or Anticipated closing date. N.A. 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 34194 C �F February 15, 2022 Agent/Owner Signature Date D. Wayne Arnold, AICP Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Packet Pg. 154 9.A.1.c CEtr O ;r Cannty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLE5, FLORIDA 34104 www.callierzov.net (239) 252-2400 FAQ(: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Parcel I.D. Number 00398890204 (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for planned unit development (PLID) zoning. We hereby designate Q- Grady Minor & Associates. P-A; and Coleman,,,Yovanovich & Koester. P.A., legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so alto provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. S. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. f of/for BBP Realty, LLC STATE OF FLORIDA COUNTY OF COLLIER The forego: g ins rument was acknowledged before me by means of Erphysical presence or Donline notarization this f i day of i 2022, by Robert Linekin as Manager Such person(s) Notary Public must check applicable box: re personally known to me D Has produced a current driver's license El Has produced as identification. F, gNhRXpu, $AMU�L F COLBURN Commission # GG 947213 Notary Signature: wExpires January14,2024 ^rgpp�o SandedbruBudge[ NalarySaivkes Q March 4, 2020 Page 8 of 11 Packet Pg. 155 Petition Number PL20200002302 9.A.1.c Exhibit A THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5295, PAGE 534, LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5735, PAGE 2316, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING WITHIN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE NORTHWEST CORNER OF TRACT 1, GOLDEN GATE FIRE STATION #72, PLAT BOOK 39, PAGES 79 THROUGH 80, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5295, PAGE 534 OF SAID PUBLIC RECORDS r THENCE ALONG THE BOUNDARY OF SAID LANDS FOR THE FOLLOWING FOUR (4) COURSES AND DISTANCES, 1) SOUTH 00"00'56" WEST, A DISTANCE OF 704.63 FEET; 2) THENCE NORTH 89-09'31" WEST, A DISTANCE OF 136.39 FEET; 3) THENCE SOUTH 59°24'46" WEST, A DISTANCE OF 31.38 FEET; 4) THENCE NORTH 89"09'31" WEST, A DISTANCE OF 491.45 FEET TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK, 5735, PAGE 2316, OF SAID PUBLIC RECORD; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 04°02'54" EAST, A DISTANCE OF 230.31 FEET; 2) THENCE NORTH 07°07'33" WEST, A DISTANCE OF 243.56 FEET TO A POINT ON THE BOUNDARY OF THE AFOREMENTIONED LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5295, PAGE 534 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR ALL OF THE REMAINING COURSES AND DISTANCES, NORTH 37°08'18" EAST, A DISTANCE OF 168,03 FEET; THENCE NORTH 79°25'06" EAST, A DISTANCE OF 577.30 FEET TO THE POINT OF BEGINNING, CONTAINING 9,64 ACRES, MORE OR LESS Januorp24, 2022 Grady -Minor Covenant of Unified Contra) (88P Realty, LLC)_docx Ch d 1.ii0n,•rrk - Land 5mwpirs - 111"mrrs - Landscape Archlleds U. Grady hlwoju & AuwoC1�IGCR. P.A- 3800 Vitt Dcl Rcy, lionitit ;spring;, 11. 34134 - 239.947-1144 • mvw.gradymInor coin Packet Pg. 156 9.A.1.c Cofer Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-5358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Parce-lI.D. Number 00398880204 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate BBP Realty, LLC, legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will he incorporated into covenants and restrictions which run with the land so asto provide noticeto subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. 5o long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. BY; Randy Johns as Manager of/for Naples TLR, LLC STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence or ❑online notarization this l day of /�p1, 2022, by Randy Johns as Manager Such person(s) Notary Public must check applicable box: ❑'re personally known to me El Has produced a current driver's license ❑Has produced as identification. �4,h4vP(J SAMUELFCpLBURM Commission # (;G 947273 Notary Signature: } 04 Expires January14,2024 oP coonded Thru Budget Notary Services .r m Y V M IL a 3 Y V R m C O Q a Q m Q c a) E U Q March 4, 2020 page 8 of 11 Packet Pg. 157 Petition Number PL20200002302 9.A.1.c Exhibit A THE LANDS DE5CRIBED IN OFFICIAL RECORDS BOOK 5295, PAGE 534, LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5735, PAGE 2316, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING WITHIN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACT 1, GOLDEN GATE FIRE STATION #72, PLAT BOOK 39, PAGES 79 THROUGH 80, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5295, PAGE 534 OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID LANDS FOR THE FOLLOWING FOUR (4) COURSES AND DISTANCES, 1) SOUTH 00°00'56" WEST, A DISTANCE OF 704.63 FEET; 2) THENCE NORTH 89°09'31" WEST, A DISTANCE OF 136.39 FEET; 3) THENCE SOUTH 59.24'46" WEST, A DISTANCE OF 31.38 FEET; 4) THENCE NORTH 89°09'31" WEST, A DISTANCE OF 491.45 FEET TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK, 5735, PAGE 2316, OF SAID PUBLIC RECORD; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 04°02'54" EAST, A DISTANCE OF 230.31 FEET; 2) THENCE NORTH 07°07'33" WEST, A DISTANCE OF 243.56 FEET TO A POINT ON THE BOUNDARY OF THE AFOREMENTIONED LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5295, PAGE 534 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR ALL OF THE REMAINING COURSES AND DISTANCES, NORTH 37.08-18" EAST, A DISTANCE OF a68.03 FEET; THENCE NORTH 79.25'06" EAST, A DISTANCE OF 577,30 FEETTO THE POINT OF BEGINNING. CONTAINING 9.64 ACRES, MORE OR LESS January 24, 2022 G racE� l l i luy r COvenfint of Unified C6ntrol (Nop1e5 TLR, LLC).docx Ch Il li"gInrrr., • I and Funr+oc. , l'lawu rti • L: ruhrap� aie hl[s rl,. Q. i;ro[ly 111nor & AsmwwLcs. VA, 380D Via Del Rey. HunlLa Spilni:,q. ill, 34134.2,343-947-114 } N%Avw,gradyminur.cnm Packet Pg. 158 9.A.1.c ca PICT c014-nty Growth Management Deparhnent 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) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use Permit) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIN (Insubstantial Change to SIP) ❑ FP (Final Plat) ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑✓ OTHER PUDA LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) S2, T50, R26 FOLIO (Property ID) Number(s) of above (attach to, or associate with, legal description if more than one) (see attached) 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) Forest Glen of Naples PUD PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # PUD-88-6(2) Addressing Checklist (Rev 12/2021) Page 1 of 2 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 159 9.A.1.c ca PICT couMty Growth Management Department Project or development names proposed for, or already appearing in, condominium documents (if application, indicate whether proposed or existing) Forest Glen of Naples PUD Please Return Approved Checklist By: DEmail El Personally picked up Applicant Name: Sharon Umpenhour Phone: (239) 947-1144 Email: sumpenhour@gradyminor.com 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 32720000028 Folio Number see attached Folio Number Folio Number Folio Number Folio Number Approved by: Date: 4/13/2022 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR A NEW FORM SUBMITTED. Addressing Checklist (Rev 12/2021) Page 2 of 2 a Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.colliercount%/fl.clo Packet Pg. 160 9.A.1.c PARCEL ID NUMBERS: 32720000028 32720003782 24787002420 24787005786 24200000501 24200004387 32720000044 32720003805 24787002446 24787005809 24200000527 24200004400 32720000141 32720003821 24787002462 24787005825 24200000543 24200004426 32720000167 32720003847 24787002488 24787005841 24200000569 24200004442 32720000170 32720003863 24787002501 24787005867 24200000585 24200004468 32720000183 32720003889 24787002527 24787005883 24200000608 24200004484 32720000206 32720003902 24787002543 24787005906 24200000624 24200004507 32720000219 32720003928 24787002569 24787005922 24200000640 24200004523 32720000222 32720003944 24787002585 24787005948 24200000666 24200004549 32720000329 32720003960 24787002608 24787005964 24200000682 24200004565 32720000345 32720003986 24787002624 24787005980 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32720003449 24787002080 24787005443 24200000161 24200004044 24200111487 32720003465 24787002103 24787005469 24200000187 24200004060 24200111500 32720003481 24787002129 24787005485 24200000200 24200004086 24200111526 32720003504 24787002145 24787005508 24200000226 24200004109 24200111542 32720003520 24787002161 24787005524 24200000242 24200004125 24200111568 32720003546 24787002187 24787005540 24200000268 24200004141 24200111584 32720003562 24787002200 24787005566 24200000284 24200004167 24200111607 32720003588 24787002226 24787005582 24200000307 24200004183 24200111623 32720003601 24787002242 24787005605 24200000323 24200004206 24200111649 32720003627 24787002268 24787005621 24200000349 24200004222 24200111665 32720003643 24787002284 24787005647 24200000365 24200004248 24200111681 32720003669 24787002307 24787005663 24200000381 24200004264 24200111704 32720003685 24787002323 24787005689 24200000404 24200004280 24200111720 32720003708 24787002349 24787005702 24200000420 24200004303 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Eisenberg;:! ...q Burt E. EisenbergA 599 9th Street N. S61W Naples, FL 34102 239-435-3232 File Number: 21-10615 Parcel Identification No. 0039888020 — . Consideration: $4,300,000.00 >' "i SD=,, Bove Tlris Lim for Recording franty Deed (SThT it rt tM - St"CTION 639.02, F_S.) This Indenture made this day of Jfi12 between Naples Land LLC, a Florida limited liability company whose post office address is 13388 Plaza IJ S0klt rt, Delray Beach, FL 33446 of the County of Palm Beach, State of Florida, grantor*, and BBP Realty, LLC, a Fllir Ii4hited liability company, as to an undivided fifty percent (50%) interest, and Randy Johns, as to an undividei fifty „ •cent (50%) interest, as tenants in common whose post office address is 16611 Firenze Way, Naples, FL 34110 o`�;�t 'I of Collier, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the 1�'our Million Three. Hundred Thousand and 00/100 Dollars to said grantor in hand paid by said grantee,. the receip 11 r f I hereby acknowledged, has granted, bargained, and sold to the said grantee,and grantee's heirs and assigns forever„, ` ng described land, situate, lying and being in Collier County, Florida, to - wit: A parcel of land located in the northwest corner of Section` wt>iship 50 South, Range 26 East, Collier County, Florida, being more particularly described as follolvs 'y Commencing at the southeast corner of the southeast quarter of Segti n 2, Township 50 South, Range 26 East, Collier County, Florida; thence South 88"17'50" West,-,hug-tl<e southerly line of said southeast quarter, a distance of 2667.29 feet to the southeast corner oft sou, hwest quarter of said Section 2; thence South 88°17'57" West along the southerly line of ssud,96h1 A,st�quartet-, a distance of 2567,41 feet to a point on the easterly right-of-way line of Cou ' a,, 4, 1; thence North 00"50'28" East, along said easterly line, a distance of 3763.90 feet; thenciisrt4"02'55" East, along said easterly line a distance of 828.58 feet to the Point of Beginning of thc`#iitc of land herein described; thence South 89°09'31" East a distance of 572.21 feet; thence North 5 2 '46" East a distance of 31.38 feet; thence South 89"09'31" East a distance of 136.39 feet; the a North 00"00'56" East, a distance of 704.63 feet to a point on the southerly right-of-way line of State Road 84; thence South 79°25'06" West, along said southerly line a distance of 577.30 feet; thence South 37008'18" West, along the easterly line of County Road 951, a distance of 229.26 feet; thence South 04°02'55" West, along said easterly litre, a distance of 422.47 feet to the Poitit of Beginning. LESS AND EXCEPT THE FOLLOWING: That portion of Gov't Lot 4, lying in the northwest 1/4 of Section 2, Township 50 South, Range 26 East, Collier County, Florida. Being described as follows: Commence at the southwest corner of titre northwest 1/4 of said Section 2, said point being on the survey baseline of State Road 951; thence along the west line of said northwest 114 and along said survey base line North 00"50'27" East a distance of 1,817.95 feet; thence South 89°09'37" East a DoubleTime's Packet Pg. 164 *** OR 6073 PG 2477 *** 9.A.1.c distance of 146.36 feet to an intersection with the east existing right of way line of said State Road 951 (per Section 03175-2409) and the southwest corner of land described in Official Records Boot: 5295, Page 534, Public Records of Collier County, Florida, for a POINT OF BEGINNING; thence along said east existing right of way line and the west line of said land North 04"02'54" East a distance of 422.48 feet to the northwesterly line of said land; thence along said northwesterly line North 37"08'l7"East a distance of 61.23 feet; thence South 07°07'33" East a distance of 24356 feet; thence South 04° 2'54" West a distance of 230.31 feet to the south line of said land; thence along said south line t 8i� 19'37" West a distance of 80.76 feet to the POINT OF BEGINNING. Fma and said grantor does hereby fury warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. . '- "Grantor"' nd "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has Signed, sealed and delivered in our presence: ` /'ins -52 I State of Florida County of Palm Beach hand and seal the day and year first above written. <Itaples Land LLC, a Florida limited liability company Eisenberg, Manager The foregoing instrument was acknowledged before me by means of [X] physi4 ,/ 4 day of January, 2022 by Burt E. Eisenberg, Manager of Naples Land LU behalf of the company, who [ ] is personally known to me or [X] 1, d ed a dr [Notary Sea]] ARTHUR R. REDGRAVI s GommlgSW t HH 091079 ` S Exp1m May Batd6dTWuT�pyFe202�9�a1iCgB�385-7p15 Notary Public Printed Name: My Commission Expires; or [ ] online notarization, this t limited liability company. on se as identification. Warranty Deed (Staturo)), rpnre) - Page 2 DoubleTime"' Packet Pg. 165 INSTR 6203519 OR 6083 PG 468 E-RECORDED 2/10/2022 2:29 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REC $18.50 CONS $10.00 NOTE TO CLERK: This Quit Claim Deed represents the conveyance of unencumbered real property to a conduit entity and with Grantor retaining a membership interest in Grantee, pursuant to section 201.02, Florida Statutes. Accordingly, minimal documentary stamp tax has been collected. THIS INSTRUMENT PREPARED WITHOUT OPINION OF TITLE BY AND RETURN TO: Joshua D. Rudnick, Esq. WOODS, WEIDE•NNULLER, MICHETTI & RUDNICK, LLP 9045 STRADA STELL COURT, 4T" FLOOR NAPLES, FL 34109 Parcel I.D. #: 00398.9804 File No. 20427-03$.�' above this line for recording data QUIT CLAIM DEED THIS QUIT CLAIM DEED is mq this �% day of February 2022 between Randy Johns whose mailing address is 3090 Fort Den", )ol, Fort Denaud, FL 33935, as Grantor, and Naples TLR, LLC, a Florida limited liability corn ' , whose mailing address is 3090 Fort Denaud Road, Fort Denaud, FL 33935, as Grantee. The Grantor, in consideration of the'stu of" p and 00/100 Dollars ($10.00), and other good and valuable consideration paid by the Grantee to the ,the receipt of which is hereby acknowledged, does hereby remise, release, and quit -claim unto them e forever, all the right, title, interest, claim and demand which the said Grantor has in and to the' scribed lot, piece, or parcel of land, situated, lying and being in the County of Collier, State of Florin;` os rs: A parcel of land located in the northwest corne` of,,SSe oq 2, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described ollo* Commencing at the southeast corner of the southeast tpKwrt `,41_ ectio Collier County, Florida; thence South 88117'50" West a►on i�� oui distance of 2667.29 feet to the southeast corner of the hwsC., t 88°17'57" West along the southerly line of said southwest gilaiel,d easterly right-of-way line of County Road 951; thence North 000'; of 3763.90 feet; thence North 04002'55" East, along said easterly`', Beginning of the parcel of land herein described; thence South WOWS.. North 59024'46" East a distance of 31.38 feet; thence South 89009'31' North 00000'56" East, a distance of 704.63 feet to a point on the southi thence South 79025'06" West, along said southerly line a distance of 57' along the easterly line of County Road 951, a distance of 229.26 feet; tt easterly line, a distance of 422.47 feet to the Point of Beginning. LESS AND EXCEPT THE FOLLOWING: 2, Township 50 South, Range 26 East, erly line of said southeast quarter, a rter of said Section 2; thence South tance of 2567,41 feet to a point on the fast, along said easterly line, a distance distance of 828.58 feet to the Point of ' _st a distance of 572.21 feet; thence distance of 136.39 feet; thence rigt-of--way line of State Road 84; 34tj;t•_%l nce South 37108'18" West, nek onth 0400215511 West, along said That portion of Gov't Lot 4, lying in the northwest 1/4 of Section 2, Township 50 South, I arrgt= 26 East, Collier County, Florida. Being described as follows: Commence at the southwest corner of the northwest 1/4 of said Section 2, said point being on the survey baseline of State Road 951; thence along the west line of said northwest 1/4 and along said survey base line North 00150'27" East a distance of 1,817.95 feet; thence South 89009'37" East a distance of 146.36 feet to an intersection with the east existing right of way line of said State Road 951 (per Section 03175-2409) and the southwest corner of land described in Official Records Book 5295, Page 534, Public Records of Collier County, Florida, for a POINT OF BEGINNING; thence along said east existing right of way line and the west line of said land North 04102'54" East a distance of 422.48 feet to the northwesterly line of said land; thence along said northwesterly line North 37*08117" East a distance of 61.23 feet; thence South 07107'33" East a distance of 243.56 feet; thence South 04102154" West a distance of 230.31 feet to the south line of said land; thence along said south line North 89109'37" West a distance of 80.76 feet to the POINT OF BEGINNING. —1— Packet Pg. 166 *** OR 6083 PG 469 *** 9.A.1.c Subject to real property ad valorem taxes for 2022 and subsequent years, zoning and building code and other use restrictions imposed by governmental authority, outstanding oil, gas and mineral interest of record, if any, and restrictions and easements common to the subdivision, shall not re -impose same. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homes v within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to,,, � . h art of homestead property. At the time of conveyance, the subject property is vacant land. ' V, l TO HAVE ,"V INfT ° �:.�IOLD the same, together with all and singular the appurtenances there unto belonging or in anyMe.a� ,e;ammg, and all the estate, right, title, interest, lien, equity, and claim ' o whatsoever of the said G'.; r, either in law or equity, to the only proper use and benefit of the said Grantee forever. IN WITNESS WHEREOF, the;%s "d Grantor has signed and sealed these presents the day and year first � abo-iffften . , '#2 Signature N. Ran has S ignature Name` STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means k,ph deal presence this 71'^ day of Felwva-7 2022 by Randy Johns, who has produce 011 ers Gu-A'Cas identification. G✓` (Seal) 6 Y PUBLIC SAMUEL F COLBURN Printed Name: * * Commission # GG 947273 'o3, Expires January 14, 2024 9l$orF%� Bonded Thru Budget Notary Services Packet Pg. 167 INSTR 6192932 OR 6073 PG 2474 E—RECORDED 1/21/2022 2:41 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $18.50 Prepared by: Burt E. Eisenberg, Esq. Burt E. Eisenberg, P.A. 599 9th Street N. Suite 20� Naples, FL 34102, 239435-3232 File Number: 21-10615,- [Space Above This Line For Recording Data] Title Affidavit (Limited Liability Company) Before me, the undersigned authorityeduly authorized to take acknowledgments and administer oaths, personally appeared the undersigned ("Affiant"), who, after beiifey mt first duly sworn, depose(s) and say(s) that: 1. Naples Land LLC, a Florida limited Iiabi, ty company ("Seller"), is the owner of and is selling the following described property to BBP Realty, LLC,Qt Florida limited liability company, as to an undivided fifty percent (50%) interest, and Randy Johns, as to an undivided fifty percent (50%) interest, as tenants in common ("Buyer"), to wit: A parcel of land located in the northw st c rue"r of Section 2, Township 50 South, Range 26 East, Collier County, Florida, being more partict►rlydescribed as follows: Commencing at the southeast corner of the `s4uthpai't",,quarter of Section 2, Township 50 South, Range 26 East, Collier County, Florida; thence Sotith 88°1 7'50" West along the southerly line of said southeast quarter, a distance of 2667.29 feet to the�but eis(corner of the southwest quarter of said Section 2; thence South 88°17'57" West along the southerly` ln� of said southwest quarter, a distance of 2567,41 feet to a point on the easterly right-of4a7y lit,ie of County Road 951; thence North 00°50'28" East, along said easterly line, a distance of 316i9Vfeet; thence North 04°02'55" East, along said easterly line a distance of 828.58 feet to the Poinit, f )ginning of the parcel of land herein described; thence South 89°09'31" East a distance of 572.2lrfeet;)thence North 59°24'46" East a distance of 31.38 feet; thence South 89*09131" East a distance of .39 feet; thence North 00°00'56" East, a distance of 704.63 feet to a point on the southerly right-of-way line of State Road 84; thence South 79°25'06" West, along said southerly line a distance of 577.,tfee ; thence South 37°08'18" West, along the easterly line of County Road 951, a distance of 229..26, feet; thence South 04°02'55" West, along said easterly line, a distance of 422.47 feet to the Point ofBegianingi _ r LESS AND EXCEPT THE FOLLOWING: } That portion of Gov't Lot 4, lying in the northwest 1/4 of Section 2, Township 5OSluth, Range 26 East, Collier County, Florida. Being described as follows: Commence at the southwest corner of the northwest 1/4 of said Section 2, said point being on the survey baseline of State Road 951; thence along the west line of said northwest 1/4 and along said survey base line North 00°50'27" East a distance of 1,817.95 feet; thence South 89°09'37" East a distance of 146.36 feet to an intersection with the east existing right of way line of said State Road 951 (per Section 03175-2409) and the southwest corner of land described in Official Records Book 5295, Page 534, Public Records of Collier County, Florida, for a POINT OF BEGINNING; thence along said east existing right of way line and the west line of said land North 04°02'54" East a distance of 422.48 feet to the northwesterly line of said land; thence along said northwesterly line North 37108'17" East a distance of 61.23 feet; thence South 07°07133" East a distance of 243.56 feet; thence South 04°02'54" West a distance of 230.31 feet to the south line of said land; thence along said south line North 89°09'37" West a distance of 80.76 feet to the POINT OF BEGINNING. Double-nme® Packet Pg. 168 *** OR 6073 PG 2475 *** 9.A.1.c Parcel Identification Number: 00398880204 2. Affiant, Burt E. Eisenberg, is the Manager of Naples Land, LLC, a Florida limited liability company (the Company) and has personal knowledge of the facts recited herein. The Management of the Company have ratified and approved the subject transaction, and authorized Affiant, as Manager, to execute any and all documentation with respect thereto. The Company is Manage' managed, The member of said Company have also authorized and approved the subject transaction. Ayf`� a Company Resolution is attached hereto as Exhibit "A"_ The Company is duly organized, existing and operatr nd the laws of the State of Florida and is in good standing under the laws of said state. Said Company has not ern rs�cd or otherwise terminated. 3. Neither the Compan:' ius—,6fa6a rs not, any of its Members are currently in bankruptcy nor has any event occurred causing any Member, includinf,aoy one serving as Manager, to become dissociated as a member as provided by the Operating Agreement an applicable law. 4. The Company is not one of a'faillPatrroup of related entities or, if the Company is one of a family or group of related entities, none of such entities is a de or in bankruptcy. S. The Company has neither executed as"' ,• e', ate hereof nor intends at this time to execute and record in the Public Records of Florida or otherwise a ceri C. tgment or any other instrument limiting the authority of the aforesaid Manager(s) to execute and deliver on b �of#j& ompany any deed or other instrument affecting the above described property. „a 6. All recording references set forth herein are ta, Pxiblit "Affiant", "Seller' and "Buyer" include singular or{ purpose of clearing any possible question or objet; on„t6 of inducing Woods, Weidenmilier, Michetti & Ruth to issue title insurance on the subject property, with,,tl statements set forth herein, Seller hereby holds Woods, National Title Insurance Company harmless and fully whether suit be brought or not, and at trial and all appel respect to the matters set forth herein. Records of Collier County, Florida, unless otherwise noted. tcontext so requires or admits. This affidavit is given for the t\title to the above referenced property and, for the purpose and Old Republic National Title Insurance Company t�,ledge that said title companies are relying upon the 1'e d erart ler, Michetti & Rudnick LLP and Old Republic '4afte same (including but not limited to attorney's fees, the ley; slid court costs and other litigation expenses) with Under penalties of perjury, I declare that I have read the State of Florida County of Palm Beach and that the facts stated in it are true. The foregoing instrument was sworn to and subscribed before me by means of [Xj physical presence or Ll online notarization, this J�/X day of January, 2022 by Burt E. Eisenberg, on behalf of the company, who U is personally known to me or [XI has produced a drivers license as identification_ [Notary Sea[] Notary Public 'i✓:Y +q;••. ARTHUR R. REDMVE +_ Cammissbn#HHA91079 Printed Name: Expires May 13, 2025 r Bmdad7NuTmyFain Va meaaW-385-7019 My Commission Expires: Dile Afdarrt (Seller) - Page 2 File Number: 21-10615 DoubleTime" Packet Pg. 169 u Q 01140'10-ioz-DZ\A3A&ns\(oZ-vGndn3)ond N370 1S3J03 - i�OJ\OJOZ ,(3A&nS 1�3/02/d\ (3�12/nS O O O O N T N O 4 L �Llld II 7 a c o �l L0L \ N O O O 3 O Lo � O wN�o ti �O p �Z ti O ti � W O m LLJ Q 2 W O m W� Z Qj Q Q = OJ Z - ZOU� QQJ Q�cl:o O Q1WO �cj Z coQ W j ti�Q-jZ =OLZ LCJ Q ZQ� tiUJp�p (f) LAj Z �coItW OQUC) �QJONO ti V)��Z�W QjtiWW� Q� Q Q Q Z U�ZQ�U ti Q c LO U Z W WX �oti�cYnW ~ W W ct� 2`O?Q ^�?WWNtic~i�OUWNOQ�tie QNti� jWZct: 03�mo ti(z) co 30 OVE�kz 4j n" QC)WZWUZW wUU`� U UAW^Z Q)L,- JQZ Uj .-� Z~Q.� JOB (p �JOQ�.[O � ����.� QUQU O Lf)�QU �OQWO���OOUNO�U�O Q Z Q)n �ZO ti -K k-- C) D O cL.Q_6 U (:) Z z Z O�J Ucn:I--z Q J�'yU�C) LLJ rnm Wa~Lj �pUOLumN�ULj �4�viQZ ��jti p�UOO�r)Z=Q��N�Uc�i)Z? 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W w U) m o o� ro C) aro9 2 '� voo c• o c d' N�occC. y a N a n O N- / C7 • z / d W O � LZ W 3 E~ U W �o 8� 8 -7 „t5,Z0.� N r C �w M co Z o �5 ;E f0l 730A.1 Wo Lo • �r O Cc, II Gam.± O N W �o��z u (ass as) an oden37noa 83/7700 w U W m a -6 J �o���cn - v � Forest Glen PUD Amendment Location Map 9.A.1.c W E S grad I�1ino 775 387.5 0 775 Feet igponem•Lilm eyors ►Pi nneIr& 0 ,r,udscap Nchitee Packet Pg. 172 9.A.1.c 3.08.00 Environmental Data Purpose As per requirements in LDC Sections 3.08.00 and questions in the CU Checklist Preparation Of Environmental Data Preparation of Environmental Data, Environmental Data Submittal Requirement shall be prepared by an individual with academic credentials and experience in the area of environmental science or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida Qualifications of Environmental Consultant Collier Environmental Consultants Inc. 2/96 - Present 3211 68"1 Street SW Naples, Florida 34105 Marco A. Espmar- Biologist Environmental Data. The following shall be submitted where applicable to evaluate projects. A) Wetlands i) Identify on Current Aerial / the location of all Collier County / SFWMD Jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System FLUCFCS A FLUCFCS map and vegetation inventory has been included. This parcel consists of approximately 9.60 acres and is located in Section 02, Township 50 South, Range 26 East. This parcel is located at the south east corner of Collier Blvd. (CR951) and Davis Blvd. The is further located east of the CR 951 Drainage canal. The actual parcel is approximately 10.30 acres. Florida Department of Transportation (FDOT) has "taken" an area consisting of approximately 0.70 acres. Thus, this project site is for approximately 9.60 acres. The dominant forest type on this project site consists of a Slash pine, cypress canopy with a midstory of cabbage palms and myrsine. The site has been affected by an altered hydrological regime. The ground cover consists of heavy leaf litter and a dense carpet of grape vine. Exotics such as Brazilian pepper limits movement in some areas. These Packet Pg. 173 9.A.1.c parcels are in an area with high vehicular movement and noise. B) Listed Species and Bald Eagle Nests and Nest Protection Zones i) Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the FFWCC and the USFWS. Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee. Wildlife Listed Species Study (LDC 10.02.3.A.2.m) A brief examination of the parcel found no listed animals on site. The site does provide some functional habitat for small, medium mammals and birds. A listed species study was conducted and attached. This project site is not in the consultation panther zone. This parcel was part of a subset to a bigger project called Forest Glen PUD. The greater project was reviewed by local, State and Federal review and permits. This included wildlife issues. Several wildlife surveys including a recent one found no listed animal species. Black bears are known to inhabit the neighboring areas. During the Site Development Plan process a Black Bear Management Plan may be required. This management plan would focus on lowering Black bear interaction. Also, during the Environmental Resource Permit process this project will be reviewed by the appropriate regulatory agencies. This project meets the Objective of CCME Objective 7.1. The area proposed to be impacted consists of lower grade habitat. Brazilian pepper dominates the midstory. No listed species should be impacted by this development. CCME OBJECTIVE 7.1: Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, Packet Pg. 174 9.A.1.c threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A- 27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17.) ii) Provide Listed Plants identified in LDC Section 3.04.03 See Attached Vegetation List l FLUCCS Code Map iii) Wildlife Management Plans in accordance with LDC Section 3.04.00 See Attached Listed Species Study, a Black bear management plan may be required at the time of SDP. C) Native Vegetation Preservation i) For Sites or Portions of Sites Cleared of Native Vegetation or in Agricultural Use: Not Applicable Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the FLUCFCS system and provide a legend foe each of the FLUCFS codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on site. Include the above referenced calculations and aerials on the SDP or PPL. In a separate report, demonstrate how the preserve criteria pursuant to LDC section 3.05.07 have been meet. Location Maps / Aerials (LDC 10.02.3 .A.2.m) Aerials and location maps have been provided. This parcel consists of approximately 9.60 acres and is located in Section 02, Township 50 South, Range 26 East. This parcel is located at the south east comer of Collier Blvd. (CR951) and Davis Blvd. The is further located east of the CR 951 Drainage canal. This parcel is part pf the Forest Glen PUD. See Item # 1 - Location Map The dominant forest type on this project site consists of a Slash pine, cypress canopy with a midstory of cabbage palms and myrsine. The site has been affected by an altered hydrological regime. The ground cover consists of heavy leaf litter and a dense carpet of grape vine. Exotics such as Brazilian pepper limits movement in some areas. These parcels are in an area with high vehicular movement and noise. Packet Pg. 175 9.A.1.c An exhibit depicting each FLUCCS Code with acreage has been provided. See Attached Location Maps, Vegetation Maps / FLUCCS Maps Native Vegetation Calculation (LDC3.05.07.A.) 3.05.07 Preservation Standards Policy 6.1.1 establishes the minimum preservation areas for residential and mixed use projects as 25% of the native preservation. The Forest Glen PU approved as Ordinance 99-69 required a minimum 25 % native vegetation preservation. According to the Collier County Property Appraiser web site, the Forest Glen PUD has in excess of 325 acres of preservation, which represents approximately 50 % of the entire PUD acreage, therefore, the minimum 25 % vegetation preservation standard has been met. No existing preserves are proposed to be modified with this PUD amendment. This will be consistent with Goal 6 of Collier County GMP's Objective 6.1 Protect native communities through the application of minimum preservation requirements. Clearly identify the location of all preserves The preserve area has been identified on the site plan. Soil Ground Water Sampling Natural Site An exhibit showing Collier county well field protection zones has been provided. Packet Pg. 176 9.A.1.c Marco A. Espinar 3211 68t' St SW Naples, Fl 34105 RESUME EDUCATION Bilingual: English & Spanish Office: 239-263-2687 Home 239-263-2747 Cardinal Mooney High School Diploma 1980 Sarasota, Florida Manatee Junior College AA Degree 1982 Bradenton, Florida Biology University of South Florida BS Degree 1990 Tampa, Florida Biology Completed USF Cooperative Education Program April 1988 USF Undergraduate Research - USF 1985 Apalachicola Archaeological Expedition & Research - Lab Coordinator of Fauna Identification from Archeological Sites - Studies of Seagrass Beds (Thalassia testudinum) in Upper Tampa Bay, Florida - Growth Rates of Marine Algae ( Gracilaria tikvahiae, G. verrucosa, G. dehlis ) Port Manatee, Florida EMPLOYMENT HISTORY & EXPERIENCE Collier Environmental Consultants Inc. Naples, Florida 2/96 - Present Environmental Permitting, Planning Vegetation Inventory Mitigation & Monitoring Plans Threatened and Endangered Species Survey Licensed Agent Gopher Tortoise Permitting, Testing, Relocation BP- Natural Resource Advisor - Owner & Environmental Planning / Biologist Exotic Plant Removal / Poisoning Mitigation Plantings Jurisdictional Determination Environmental Impact Statements Red Cockaded Woodpecker Survey UMAM Analysis Deepwater Horizon MS Canyon 252 Oil Spill Gulfport, Mississippi - Dauphin Island, Alabama - Pensacola, Florida Packet Pg. 177 9.A.1.c Turrell & Associates, Inc. Naples, Florida 2/94 - 12/95 Environmental Permitting, Planning Threatened and Endangered Species Survey Environmental Impact Statements Senior Environmental Planner Supervision of Staff Review Staff Reports South Florida Water ManaLyemcnt District Environmental Analyst Fort Myers, Florida 2193 - 8/93 Dredge & Fill Permit Review Surface Water Permit Review Collier Counly Government Development Services Environmental Specialist II Naples, Florida 10/90 — 2/93 Site Development Plan Compliance Planned Unit Development Compliance Site Drainage Inspections Southwest Florida Water Management District Tampa, Florida 9/87 —10/90 Landscape Inspections Environmental Enforcement Field Services Technician As -Built Inspections of Storm Water System - Engineering, Survey Surface and Ground Water Permit Compliance Well Construction & Abandonment Inspections Southwest Florida Water Management District (CO-OP) Environmental Scientists I Brooksville, Florida 1/86 - 9/87 Wetland Vegetation Studies At Major Well Fields Water Quality Sampling & Testing PROFESSIONAL ASSOCIATIONS Southwest Florida Association of Environmental Professionals, Member EIected to very First Governing Board and served 2 terms, served on founding association — Bylaws Committee Appointed by the Board of County Commissioners and Served on the Collier County Environmental Advisory Board Appointed by the Board of County Commissioners and Currently Serving on the Development Services Advisory Committee Packet Pg. 178 9.A.1.c Currently Serving on the Land Development Code Sub -Committee Appointed by the Board of County Commissioners and Served on Conservation Collier Land Acquisition Advisory Committee 6 years Served as Chairman of the Conservation Collier Lands Evaluation and Management Sub - Committee, Awarded for Ten (10) years of my Voluntary Service to Collier County By the Board of County Commissioners - January 2010 Awarded Outstanding Advisory Board Member Award - February 2009 by Collier County Board of County Commissioners Gopher Tortoise Management and Mitigation Professional Training Program Successful Completion 9/01 REFERENCES UPON REQUEST Packet Pg. 179 9.A.1.c LOCATION N O M N O O O O N O N J d El Co r a E 2 a Packet Pg. 180 and soldeN }o uOID ISOaod - ZO£ZOOOOZOZ-ld : ZVVPZ) IGNOed dmpeg uoi;eoilddd - 8;;d :;uauayoePV �a ? n I (I W m- r a � AJ�3 S1F .ter l a\■ C s h }- U ■ ti { 4 � L o 0 I � _ O �Z,V � N c c G A O N E2 m p ■.a a" p N 4oE �� �� ■� i.,,. - N as ■ �' N� _ a a Err L a v Q N a ff i 8 V N �. Sa t>bme•afiPWa �- - - _.. � .... I � ..-'fv iaina8�. � 6 � low n TIN Fla 9151, } N I ■ 'hx �- � 21 f0 .. • u'o,� N 00 a m u m a "�" � "�� � `i� "' shy •�:� _. .. - _ �a,. A. 410,` des' �sr iae :t'+� �q� -�+=a• ' s'- wy' #Y9°_ 7 4iS _ �� ', � � tip' , • �' - ;� "` � ti -.Z. F 4 � 7F r'..+e ,xF_. - �•} `fie '}�� 4-iq gi �d--f�'i h�wR df,� Y t F _ { 1 9.A.1.c SOILS Packet Pg. 185 9.A.1.c COLLIER COUNTY SOIL-.LEGmZ REVISED I /g 0 H , YAMATAKI H H 3 HOLOPAW FS, LIMESTONE gmsTR,, TUM kU ABAI H 4 FS _ Ch.OBEE r LIMESTOIiiE SUBSTRATUM DEPRESS ORAL '�� A DAN�MCiCIS 6 % RIVIERA; -LIMESTONE S IMMOKALEE FS UBSTRATLi1v1_ COPELAND FS 8 MYAKKA FS H 30 OLDSMAR FS, LIMESTONE SUBSTRATUM 1 1 HALLANDALE FS 14 15 PINEDA FS, LIMESTONE SUBSTRATUM POMELLO FS H ?6 OLDSMAR FS H 17 BAS INGER FS 18 .20 RIVIERA FS, LIMESTONE SUBSTRATUM FT. DRUM, H 21 BOCA FS AND,ABAR"-H3GH- FS H H 22 23 CHOBEE, WINDER HOLOPAWD AND GATOR SOILS, DEPRESSIONAL OKEELANTA 25 $O , RrAN SOILS DEPRESSIOVAL LISTONE AD COPELAND SAS 2'7 FS DEPRESSSSIONAL HOLOPAW F5 H, H 28 29 PINEDA AND RIVIERA FS WABASSQ H 31. FS HILOLO LIMESTONE STMSTRATCJr JITPITER AND MARGATE ' SOILS 3 2 URBAN LAND 33 DEAN LAND HOLOPAW BASINGER COMPLEX BAN LAND IMMOKALEE OLDSMAR LIMESTOM SUBSTRATUM COMPLEX - 35 3 6 JWS SHAENTS COMPLEX ORGANIC SUBSTRATUM ED 38 TUSCAWILLA FS 38 URBAN LAND MATLACHA LIMESTONE STj2STRATUM BOCA COMPLEX H 39 SATELLITE FS :. 4,1 DUR13IN AND T�LFERT MIICKS H 42 4-3 AM SATELLITE SATELLITE COMPLEX BEACHES ASSOCI.ATT01 WINDER, = 45 R i1IERA; LIMESTONE SUBSTRATU -- CH SOILS DEPRESSIONAL gip AND - H H 48 PAOLA FS (I-S percent slo PENNSUCCO SOIL Gnarl H 4-9pes] 5 0 prairie} _UALLANDALE AND EOCA FS (slough) -OCHOPEE - - . H H 51 FSL, PRAIRIE OCFiOPEE F5L (marl) H H 52 53 KESSON MUCF� FRE ESTERO AND PECK��pIY 54 55 SOILS QUEN'I'L�' FLOODED '�'I'�'-ER . BOCA COMPLEX _ BRINGER FS, OCCASzflM�LY -FLOODED . Q Packet Pg. 186 9.A.1.c r c m E c a) E Q 0 a VEGETATION INVENTORY Z 4- 0 L O LL N O M N O O O O N O N J d El Co r a E 2 a Packet Pg. 188 9.A.1.c FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 438 Mixed Hardwoods — (E3) We called the entire parcel as Mixed Hardwoods. The entire site consists of three canopy trees: Slash pine, Cypress, ad Melaleuca. Each depending on the area will dominate at times. The midstory is uniformly Brazilian pepper with cabbage palms. The ground cover consists of heavy leaf litter. The occasional patch of swamp fern is interspersed. The ground has micro - topographic undulations. These pockets may be considered Jurisdictional however these areas may not meet size critiria. The largest of these areas is in the southeast corner. Slash pine Pinus elliotti UPL Cp,D Cabbage palm Sabal palmetto FAC M,C Cypress Taxodium spp. OBL Cp,C Melaleuca Melaleuca quinquenervia Exotic Cp,D Brazilian pepper Schinus terebinthifolius Exotic M,D Dahoon holly Ilex cassine OBL M,O Palmetto Serona repens FACU G,C Winged Sumac Rhus copallina UPL M,O Myrsine Myrsine floridana FAC M,C Cocoplurn Chrysobalanus icaco FACW M,O wax myrtle Myrica cerifera FAC+ M,C salt bush Baccharis halimifolia FACW+ M,O salt bush Baccharis glomerulifolia FAC M,O Button bush Cephalanthus occidentalis OBL M,C blue maidencane Amphicarpum muhlenbergianum FACW G,O Swamp fern Blechnum serrulatum FACW+ G,O sawgrass Cladium jamaicense OBL G,C bracken fern Pteridium aquilinum FACU G,O Sweet bay Magnolia virginiana FACW M,O Buckthorn Bumelia reclinata FAC M,O paspalum Paspalum monostachyum OBL G,O Florida trema Trema spp. FAC M,O Dewberries Rubus spp. FAC G,C Broom sedge Andropogon virginicus FAC G,O Beggers ticks Bidens alba FACW G,O Ragweed Ambrosia artemissiifolia FACU G,C Fireweed Erichtites hireraciifolius VINES Grape vine Vitis rotandifolia FAC G,D Poison ivy Toxicodendron radians FAC G,O Smilax Smilax spp. FAC G,C Packet Pg. 189 9.A.1.c snowberry climbing hemp Wild Pines Stiff - leaved Chiococca parvifolia UPL G,Q Mikania scandes FAC M,C Exotic Level El ( Brazilian Pepper 0 - 25% ) E2 ( Brazilian Pepper 25 - 50 % ) E3 ( Brazilian Pepper 50 - 75 % ) E4 ( Brazilian Pepper 75 - 100 %) Tillandsia fasiculata FDAIC Packet Pg. 190 and soldeN 10 u0PD;s0aod - ZO£ZOOOOZOZ-ld : ZLVVZ) 1031oed dnjoe8 uoi;eoilddd - 8;;d :;uGwLjoe;;d 9.A.1.c FOREST GLEN PUD - 9.7 OUTPARCEL LISTED SPECIES SURVEY Collier County, Florida December 2020 Prepared By: Collier Environmental Consultants, Inc. 3211 68th Street SW Naples, Florida 34105 (239) 263 - 2687 marcoe@prodigy.net Packet Pg. 192 9.A.1.c I Introduction / Purpose This report is an account of a Listed Species survey recently performed on a 9.60 acre tract called Forest Glen (Naples Lad Property). Required to meet county review requirements its purpose is to identify and describe key habitats and report any listed species using the site that would be at risk due to possible future development actions on the site. This survey was conducted in late December 2020. II Site Description This parcel consists of approximately 9.60 acres and is located in Section 02, Township 50 South, Range 26 East. This parcel is located at the south east corner of Collier Blvd. (CR951) and Davis Blvd. The is further located east of the CR 951 Drainage canal. See :item # 1 - Location Map The dominant forest type on this project site consists of a Slash pine, cypress canopy with a midstory of cabbage palms and myrsine. The site has been affected by an altered hydrological regime. The ground cover consists of heavy leaf litter and a dense carpet of grape vine. Exotics such as Brazilian pepper limits movement in some areas. These parcels are in an area with high vehicular movement and noise. In total the site consists of approximately 9.60 acres. The following is how the acreage figures breakdown. See Item #2 - FLUCCS Map FLUCCS HABITAT 438 Mixed Hardwoods 9.60 acres 510 Canal 8142 Divided Roadway 1754 Fire Station III Listed Species Survey The required survey for a Listed Species Survey calls for a survey covering 100 % of the site, at prescribed transect distances per site acreage. Such a survey was attempted in December 2020. Established transects oriented north - south and east - west and superimposed on an aerial map of the site cannot be conducted. Meandering transacts and stationary observations were ground - located and walked by compass bearing. Early morning (0730 - 1000), mid -day (1100 - 1500) and late -day (1500 - 1800) time periods Packet Pg. 193 9.A.1.c were chosen to survey these transects. All possible species of plants and animals listed by state and federal agencies were noted. Concurrently, notes for FLUCCS mapping purposes were kept. IV Results & Discussions Listed Flora A few listed plant species have been found. A few different Tillandsia spp. were found. None are considered rare. They are listed by the state of Florida primarily due to their commercial value. See Item # 3 - FLUCCS Plant List Listed Fauna See Item # 4 - Wildlife Species Observed Key Species Discussion Big Cypress Fox Squirrels Big Cypress Fox Squirrels are known to use similar habitat found onsite. Observations were keyed to searching for signs or calls of these animals, such as leaf nests in canopy trees or the distinctive chattering of territorial squirrels. No individuals were observed during this study. Bald Eagle A search of Florida Fish and Wildlife Conservation Commission nest locator shows a nest approximately 0.5 acres to the southeast of the property. Florida Black Bear No individuals were observed during this survey even though Black bears are known to inhabit the general area_ Special attention was given for signs such as scraps, tracks and seat. This mammal has a large home range and is known to inhabit the area. Bonneted Bat The Florida bonneted bat is the largest species of bat in Florida. Previously known as the Florida (Wagner's) mastiff bats these bats were reclassified as a separate species unique to Florida. The species can grow to a length of 6.5 inches with a wingspan of 20 inches. This is a flying mammal free to traverse great distances. Packet Pg. 194 9.A.1.c Examination of all trees with potential cavities was conducted. The density of Brazilian pepper and other midstory plants may impede flight patterns. No individuals and/or guano were found. This project is not anticipated to negatively impact the species. Florida Panther No individuals have been documented utilizing this project site or identified during this survey. This species does have a large home range and is known to inhabit surrounding areas. The site is not in the Panther Consultation Area. Conclusions Focused searches were conducted over several days The parcel is located at the south east corner of the intersection of (CR 951) Collier Blvd and Davis Blvd. Just south of the on -off ramps with Interstate - 75. This parcel is located on the east side of the Collier Blvd drainage canal. This parcel was originally part of a major project called Forest Glen at Naples. The original project was approximately 624 acres in size and this parcel was identified as commercial. This project received all Local, State ad Federal permits. This parcel is located at a very busy intersection. The parcel is bordered to the west and north by a drainage canal, a fire station to the east and a golf coarse to the south. The location and the busy intersection are limiting factors to wildlife movement. Any activity would probably be nocturnal. The site is primarily vegetated with a Slash pine, cypress, Melaleuca and cabbage palm. The midstory consists of Brazilian pepper, wax myrtle, myrsine and a few oaks. The entire 9.6 acres has a density of approximately 40-50% of Brazilian pepper as midstory. The lack of any sufficient hydrology has led to a dense ground cover of dense carpet of leaf litter. The lack of fire has also contributed to this dense vegetation and vegetative debris A few ground cover plants can be found such as: palmetto, beauty bush and some swamp fern. This parcel has been examined several times over the years. Prior wildlife surveys and other tasks did not document any listed species during those times. The main vertebrates encountered were birds traversing the subject parcel. Some evidence of small mammal utilization such as raccoon scat are visible. This habitat is limited as wildlife habitat, utilization. Our survey has found no listed vertebrate species on this site. Our survey found a few Tillandsia's on site. Packet Pg. 195 9.A.1.c Threatened Endangered and Species of Special Concern species Present Absent Black bear SUSPECTED X Florida panther x Everglades mink X Big Cypress Fox squirrel x Bonneted Bat x Indigo snake X American alligator x Gopher tortoise x Gopher Frog X Southeastern American kestrel X Red -Cockaded woodpecker X Florida Scrub .lay x Wood stork X Snail kite X Bald eagle x Limpkin x osprey x White ibis x Tricolored heron X snowy egret x Reddish egret X Little blue heron X Packet Pg. 196 and saldeN }o uaID;saaod - ZO£ZOOOOZOZ-ld UP-M) 1013ed dn3loee uoi;eoilddd - 8;;d :;uauayoeliv n a; a CL ea z 0 u �Ln Q� 0 E� � a U o a � v 1 u � c w � v o a y E ■ i * a � LD ■ Fe]Jl �o za � ■ \\1 c E o - u ..-. ...� ._.. e.,ta L'nrfl F'a Ei411£.n1P.-,.s..,.....p �I I 9.A.1.c FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 438 Mixed Hardwoods — (E3) We called the entire parcel as Mixed Hardwoods. The entire site consists of three canopy trees: Slash pine, Cypress, ad Melaleuca. Each depending on the area will dominate at times. The midstory is uniformly Brazilian pepper with cabbage palms. The ground cover consists of heavy leaf litter. The occasional patch of swamp fern is interspersed. The ground has micro - topographic undulations_ These pockets may be considered Jurisdictional however these areas may not meet size critiria. The largest of these areas is in the southeast corner_ Slash pine Pinus elliotti UPL Cp,D Cabbage palm Sabal palmetto FAC M,C Cypress Taxodium spp. OBL Cp,C Melaleuca Melaleuca quinquenervia Exotic Cp,D Brazilian pepper Schinus terebinthifolius Exotic M,D Dahoon holly Ilex cassine OBL M,O Palmetto Serona repens FACU G,C Winged Sumac Rhus copallina UPL M,O Myrsine Myrsine floridana FAC M,C Cocoplum Chrysobalanus icaco FACW M,O wax myrtle Myrica cerifera FAC+ M,C salt bush Baccharis halimifolia FACW+ M,O salt bush Baccharis glomerulifolia FAC M,O Button bush Cephalanthus occidentalis OBL M,C blue maidencane 4mphicarpum muhlenbergianum FACW G,O Swamp fern Blechnum serrulatum FACW+ G,O sawgrass Cladium jamaicense OBL G,C bracken fern Pteridium aquilinum FACU G,O Sweet bay Magnolia virginiana FACW M,O Buckthorn Bumelia reclinata FAC M,O paspalum Paspalum monostachyum OBL G,O Florida trema Trema spp. FAC M,O Dewberries Rubus spp. FAC G,C Broom sedge Andropogon virginicus FAC G,O Beggers ticks Bidens alba FACW G,O Ragweed Ambrosia artemissiifolia FACU G,C Fireweed Erichtites hireraciifolius VINES Grape vine Vitis rotundifolia FAC G,D Poison ivy Toxicodendron radians FAC G,O Smilax Smilax spp. FAC G,C Packet Pg. 200 9.A.1.c snowberry climbing hemp Wild Pines Stiff - leaved Chiococca parvifolia UPL G,O Mikania scandes FAC M,C Exotic Level El ( Brazilian Pepper 0 - 25% ) E2 ( Brazilian Pepper 25 - 50 % j E3 ( Brazilian Pepper 50 - 75 % ) E4 ( Brazilian Pepper 75 - 100 %) Tillandsia fasiculata FDA/C Packet Pg. 201 and soldeN 10 u0PD;s0aod - ZO£ZOOOOZOZ-ld : ZLVVZ) 1031oed dnjoe8 uoi;eoilddd - 8;;d :;uGwLjoe;;d 9.A.1.c WILDLIFE SPECIES OBSERVED Common Name species Amphibian & Reptiles: Brown anole Anolis sa rei Birds: Dove- mourning Zenaida macroura Northern flicker Cola tes auratus Crow, american Corvus brach rh nchos Common grackle Quiscalus quiscula Bluejay Cyanocitta cristata Gray catbird Dumetella carolinensis Northern mockingbird Mimus polyglottos Cardinal Ri.chmondena cardinalis Brown thrasher Toxostoma rufum Red -shouldered Hawk Biteo lineatus Vulture, turkey Cathartes aura Vulture, Black Coragyps atratus Cattle egret Bubulcus ibis Little blue heron E retta caerulea American Coot Fuliea americana Mammals: Virginia opossum Di elphis vir ig•niana Raccoon Procyon lotor Hispid cotton rat SiRmodon hisyidus Nine -banded armadillo Dasypus novemcinctu Gray squirrel Sciurus carolinensis Status Packet Pg. 203 and soldeN 10 u010;s0aod - ZO£ZOOOOZOZ-ld : UVVZ) 1031oed dnjoe8 uoi;eoilddd - 8;;d :;uGwLjoejjV I..II..,_ , - J Q �wC—) I..L w�y'� co V U 'rMQY In 0 N r m r � Y m V a 0 N E m CO sCs LOco o C) CD m o N m a � co C7 C 0 � ? [0 'p O C m L � O s m LL m `m m G o ° u LL C a C m m D a n 0 O c Q b Q 0 16 Q a N ti 0 ICU U a cu M m O .� U co Jco ' Y Florida Panther Focus Area 1/8/2021 FWC Historical Bald Eagle Nesting Areas 9.A.1.c El 0.6mr 67, 26.7 hffps-77mYf-c.maps.arcgrs.com/apps/e6Packet Pg. 208 wapp �raiyEr�ndex.html?rd=fca&f97a0ef6¢,67bgbdCb'5'C9de43f64 and soldeN 10 u0PD;s0aod - ZO£ZOOOOZOZ-ld : ZLVVZ) 1031oed dnjoe8 uoi;eoilddd - 8;;d :;uGwLjoe;;d 0 N a Y V m a 9.A.1.c WELL FIELD PROTECTION ZONE MAP Packet Pg. 210 Collier Count Well Field Protection Zones 2010 Well Field Protection Zones W - I Zone = 1 Year Travel Time lsocontour W - 2 Zone = 2 Year Travel Time 180conlour VV - 3 Zone = 5 Year Travel Time Jsocontour W - 4 Zone = 20 Year Travel Time lsocontour Miles 2 4 Lee County Inimokalee F01 Well Field Well Field Lee County -z .:Idlor County Utilities an Gate 'T 7. Well Field --- I't'7 '--- 72 -7 T VP T: 1 L i I I City of j L N pies i C tal �'. — - - f T Rjdagse Well Fieltl U N J- 7 VT-- T— "' Ave Maria Well Field\ City of Naples East Golden Gate Wall Field I Collier C.untyucilitie Golden Gate JWell Field : Florid Governmental Utility Authority Golden Gate City Well Raid tl V.— w E i Everglades City Well Field C'A'County Port of the Islands NO FWd F Packet Pg. 211 —L-�� lets. POl1ST GLIN GOLF CONKUNITY 3165 NOR315101 DR S NAPLIS IL 34104 DEED OF CONSERVATION EASEMENT 2483455 OR: 2552 P0: 0001 RIC III RICORDID in the OPPICIAL RICORDS 4E COLLIIR COUNTY, IL DOC-.10 05/21/1995 it 12:51?N DMIGHT 1. SIOCI, CLUX COPIES NISC THIS DEED OF CONSERVATION EASEMENT is given this J ' day of May, 1999, by FOREST GLEN GOLF COMMUNITY LIMITED PARTNERSHIP, a Delaware limited partnership, 3185 Horseshoe Drive South, Naples, Florida 34104 ("Grantor") to the South Florida. Water Management District ("Grantee"). As used herein, the term Grantor shall Jncl4de any and all heirs, successors or assigns of the Grantor, and all subsequent ov�nerf the "Property" (as hereinafter defined) and the term Grantee shall include any sucoespf gr assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ("Property"); and WHEREAS, the Grantor, de'ires to construct FOREST GLEN OF NAPLES ("Project) at a site in Collier G.446. ."which is subject to the regulatory jurisdiction of South Florida Water Management Dish.("District"); and WHEREAS, District Permit Na,i1 01590-P ("Permit") authorizes certain activities which affect surface waters in or of theate-ofFlorida; and WHEREAS, this Permit requires th'jt4hre Grantor preserve and/or mitigate wetlands under the District's jurisdiction, and WHEREAS, the Grantor has developednd,proposed as part of the permit conditions a conservation tract and maintenance bUffe,� evolving preservation of certain wetland and/or upland systems on the Property; and' — WHEREAS, the Grantor, in consideration of the consmil granted by the Permit, is agreeable to granting and securing to the Grantee a perpl conservation easement as defined in Section 704.06, Florida Statutes (1995), over theme Ptoperty. NOW, THEREFORE, in consideration of the issuance 'of th Permit to construct and the permitted activity, and as an inducement to r' site in issuing the Permit, operate together with other good and valuable consideration, the°a equagy and receipt of which is hereby acknowiedged, Grantor hereby grants, creates, andd establishes a perpetual conservation easement for and in favor of the Grantee u6n the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this conservation easement shall be as follows: 9.A.1.c .70 4;.00 1.00 Packet Pg. 212 OR: 2552 PG: 00 9.A.1.c it is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry: tis out purpose, the following rights are conveyed to Grantee by this easement �y. reasonable times with any necessary enter upon the Property at equipment or vehi ,tp. enforce the rights herein granted in a manner that will not unreasonably interfere the use and quiet enjoyment of the Property by Grantor at the time of such enand To'ahj, any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be do'gel! by any inconsistent activity or use. Except for resffeien; creation, enhancement, maintenance and monitoring activities, or surface wj(e management improvements, which are permitted or required by the Permit, the follov"60tiyities are prohibited in or on the Property: Construction or placid : Of buildings, roads, signs, billboards or other advertising, utilities, or other struct c e s on or above the ground; Dumping or placing or soft „r substance or material as landfill, or dumping or placing of trash, waste, or unsighti r offensive materials; Removal or destruction of tree , 11WIPa, or other vegetation, except for the removal of exotic vegetation in accordance wrta°District approved maintenance plan; Excavation, dredging, or removal of lgravel, soil, rock, or other material substance in such manner as to affect the sur%460 Surface use except for purposes that parr"ire 'land or water area to remain in its natural condition; Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; Acts or uses detrimental to such aforementioned retention of land or water areas; Packet Pg. 213 OR: 2552 PG: 0 Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. Grantor reserves the rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District Rule, criteria, permit and the intent and purposes of this conservation easement. Passive recreational activities which are not contrary to the purpose of this gonservation easement may be permitted upon written approval by the District. The"fa I or may conduct limited clearing and for the purpose of constructing such perviousfacies as docks, boardwalks, or mulched walking trails. Grantor shall submit plans for llfie.c, nstruction of proposed facilities to the District for approval prior to construction. Grantshall minimize and avoid, to the fullest extent possible, impact to any wetland or uplan.buffer areas within the conservation easement area. Any such work shall be subjecf to all applicable federal, state or local permitting requirements. No right o A ss by the general public to any portion of the Property is conveyed by this conservation, easement. Grantee shall not be4esponsible for any costs or liabilities related to the operation, upkeep or maintenanco.d:tithe Property. Grantor shall pay an r nd iV real property taxes and assessments levied by competent authority on the Property. Any costs incurred inc,, judicially or otherwise, the terms, provisions and restrictions of this consetvatto.t easement shall be borne by and recoverable against the non -prevailing partyf' sud proceedings. Enforcement of the terms, provisions jrd restrictions of this conservation easement shall be at the reasonable discretion f�`Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder, �r�e vent of any breach hereof by not be deemed or construed to be a wiv aof Grantee's rights hereunder. Grantor, shall .: . Grantee will hold this conservation easemeit exclusively for conservation purposes. Grantee will not assign its rights and obligate _under this conservation easement except to another organization qualified to hold£suc interests under the applicable state laws. If any provision of this conservation easement or the 14tion thereof to any person or circumstances is found to be invalid, the remainder of. the provisions of this conservation easement shall not be affected thereby, as long aithe purpose of the conservation easement is preserved. The terms, conditions, restrictions, and purpose of this conservation easement shall be inserted by Grantor in any subsequent deed or ofher future holder of the al instrument by which Grantor invests itself of any interest in the Property. Anytur Packet Pg. 214 OR: 2552 PG: 000 Grantor's interest in the Property shall be notified in writing by Grantor of this conservation easement. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in -interest, which shall be filed in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, ren o s and purpose imposed with this conservation easement shall be binding upon Gr or,,pnd shall continue as a servitude running in perpetuity with the Property. P rtY i Grantor hereby, covepants with said Grantee that Grantor is lawfully seized of said Property in fee siKple that the Property is free and clear of all encumbrances: that Grantor had good right and lawful authority to convey this conservation easement; and that it hereby fully warrants lnd defends the title to the conservation easement thereby conveyed against the lawfulaims_of all persons whomsoever. GLEN COMMUNITY LIMITED RSHIP, a Delaware limited partnership GOLF ESTATES, INC„ a orp o , on of its General Partners M" 014.v_ STATE OF FLORIDA f COUNTY OF COLLIER j. The foregoing instrument was acknowledged before �r a this 1�1 day of May, 1999, by 5 . in.� Gov_, the \� �� rS c �i�z of RONTO —tY1�__ GOLF ESTATES, INC. a Florida corporation, as one of the Ge idt Partners of FOREST GLEN GOLF COMMUNITY LIMITED PARTNERSHIP, a elaware partnership, on behalf of the corporation, on behalf of the partnership` ho. is personally known t� or produced as identification. NOTARVPUBLIC, State of Florida, at Large Name: � l zaL)Ie, k Commission Number: (" " Commission Expires: Packet Pg. 215 J OR: 2552 PG: 00 BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL HEAD BLVD NAPLES, FLORIDA 34110 TEL. 941-597-1315 FAX 941-597-5207 CONSERVATION EASEMENT #1 (SEE ATTACHED SKETCH) "{k (SHE ET 2 OF 10 THRU SHEET 5 OF 10) A PORTION OF SECTS 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIK BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT TH1✓ SIB THEAST CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THEN E ALONG, TIME SOUTH LINE OF THE SOUTHEAST 1;4 OF SAID SECTION 2 S.88017'50" DISTANCE OF 1454.81 FEET; THENCE LEAVING SAID SOUTH LINE OF THE S�O�U�'AST l\4 OF SECTION 2 N.48°19'24"E., A DISTANCE OF 427.22 FEET TOT :'POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 256;00-. FEET, A CENTRAL ANGLE OF 06°52'11", A CHORD BEARING OF N.44°53' 18` JANT) A CHORD LENGTH OF 29.96 FEET; THENCE ALONG THE ARC OF SAID CURVE', ARC LENGTH OF 29.98 FEET TO 'THE POINT OF TANGENCY OF SAID CURVE; THE 41 °27' 12"E., A DISTANCE OF 264.61 FEET �`1 TO THE POINT OF CURVATURE OF A CU�;.>TO THE LEFT, HAVING: A RADIUS OF 124.00 FEET, A CENTRAL ANGLE OF 62"'8'4`", CHORD BEARING OF N.09°57`52"E, AND A CHORD LENGTH OF 129.54 FEET THN ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 136.30 FEET TO THE P�XN)' OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS"0,71. FEET, A CENTRAL. ANGLE OF 58°41-49", A CHORD BEARING OF N.07°49'25"E A4NV,X CHORD LENGTH OF 73.52 FEET; THENCE ALONG THE ARC OF SAID CURVE ARC LENGTH OF 76.83 FEET TO THE POINT OF REVERSE CURVATURE OF A C VE TO THE LEFT, HAVING: A RADIUS OF 124.00 FEET, A CENTRAL ANGLE OF 76°52 '� CHORD BEARING OF N.01015'45"W. AND A CHORD LENGTH OF 154.16 FEET, T NCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 166.36 FEET TO THE'FI4D OF SAID CURVE, THENCE N.39041'39"W., A DISTANCE OF 195.34 FEET TO T ,' DINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 23.00 FFEf, NTRAL ANGLE OF 30019'37", A CHORD BEARING OF N.24°31'50"W. tND C ORD LENGTH FEET- THENCE ALONG THE ARC OF SAID CURVE, AN AR , ,ENGTH OF OF 12.03 F , 12.17 FEET TO THE POINT OF REVERSE CURVATURE OF A CURE TO THE LEFT, HAVING: A RADIUS OF 72.00 FEET, A CENTRAL ANGLE OF 120°19'48", A CHORD BEARING OF N.69031'56"W. AND A CHORD LENGTH OF 124.91 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 151.21 FEET TO THE END OF SAID CURVE; THENCE S.50018'21"W., A DISTANCE OF 57.50 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 27010'52", A CHORD BEARING OF S.36°42'55"W. AND A CHORD Packet Pg. 216 9.A.1.c OR: 2552 PG: 0006 LENGTH OF 47.00 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 47.44 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, }-LAVING: A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 16026'27", A CHORD BEARING OF S.31020'43"W. AND A CHORD LENGTH OF 28.60 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 28.69 FEET TO THE END OF SAID CURVE; THENCE N.58°37'27"W., A DISTANCE OF 38.97 FEET; THENCE N.31°11'58"E:, A/DISTANCE OF 50.00 FEET; THENCE N.31°52'15"E., A DISTANCE OF 50.00 FEET `I ' CE N.40040'50"E., A DISTANCE OF 25.75 FEET; THENCE N.4504676"E,,,,A DISTANCE OF 17.90 FEET; THENCE N23054'59"W., A DISTANCE OF 23.05 FEET; THI NCE)N.54.48-41 "E., A DISTANCE OF 18.71 FEET; THENCE N.49°47'40"E., A'biS 'ANCE OF 15.31 FEET; THENCE N.26°35'20"E., A DISTANCE OF 14.07 FEET; THENCF . lid°45'22"E., A DISTANCE OF 17.66 FEET, THENCE N.00000'19"W., A DISTANCE.OF 19.77 FEET; THENCE N.01°39'51' W., A DISTANCE OF 95.58 FEET TO A POINT ON ;A CURVE TO THE LEFT, HAVING: A RADIUS OF 20.00 FEET, A CENTRAL ANGLE'OF 4401 I'14", A CHORD BEARING OF N.661113'21"E. AND A CHORD LENGTH OF 15.o4 FEETJHENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 15.42 FEET PTO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.44007'44"E., A DISTANNCE'QF 148.76 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING, A RADIUS OF200 FEET, A CENTRAL ANGLE OF 165°33'47", A CHORD BEARING OF N.25°59'00"1 . AND -A CHORD LENGTH OF 142.86 FEET, THENCE ALONG THE ARC OF SAIiC 'E, AN ARC LENGTH OF 208.04 FEET TO A POINT ON A CURVE TO THE RIGHT;NG: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 64046'17", A CHORD BE 4'lN 76-22-45"W. AND A CHORD LENGTH OF 53.56 FEET; THENCE ALONG THE AR - , SAID CURVE, AN ARC LENGTH OF 56.52 FEET TO THE POINT OF TANGENCYFSr��URVATURE CURVE, THENCE N.43°5936"W., A DISTANCE OF 146.56 FEET TO THE POINT_O OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 1612.00 FEET, CANT RAL ANGLE OF 07-55-46", A CHORD BEARING OF N.47057'29"W. AND A CHOI ENGTH OF 222.92 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC NGTH OF 223.09 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE THE RIGHT, HAVING: A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 4400659":-A CHORD BEARING OF N.29051'53"W. AND A CHORD LENGTH OF 15.02 FEET, Ti-1ENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 15.40 FEET TO THE POiNT`6� REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS I #f 25.00 FEET, A CENTRAL ANGLE OF 45014'18", A CHORD BEARING OF N.30025'3rw AND A CHORD LENGTH OF 19.23 FEET; THENCE ALONG THE ARC OF SAID CURVE, ARC LENGTH OF 19.74 FEET TO THE END OF SAID CURVE-, THENCE N.53"1 V58"W., A DISTANCE OF 8.78 FEET TO A POINT ON A CURVE. TO THE RIGHT,`HAVING: A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 83024-54", A CHORD BEARING OF N.1 I°38'48"W. AND A CHORD LENGTH OF 33.27 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 36.40 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 74003'15", A CHORD BEARING OF N.06°57'59"W, AND A CHORD LENGTH OF 30.11 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 32.31 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE 2 Packet Pg. 217 9.A.1.c OR: 2552 PG: 000 N.43059'36"W., A DISTANCE OF 78.19 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 70042'16", A CHORD BEARING OF N.08038'28"W. AND A CHORD LENGTH OF 28.93 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 30.85 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 62013-16", A CHORD BEARING OF N.04023'59"W AND A CHORD LENGTH OF 25.83 FEET, THENCE ALONG THE ARC OF SAID CUR ►N ARC LENGTH OF 27.15 FEET TO THE POINT OF TANGENCY OF SAID CURVEt r -NCE N.35°30'37"W., A DISTANCE OF 124.41 FEET TO THE POINT OF CURVATU "s'URVE TO THE LEFT, HAVING A RADIUS OF 477.50 FEET, A CENTRAL ANGLE' 20°23'20", A CHORD BEARING OF N.45°42'17"W. AND A CHORD LENGTH OF 169. 2 FFET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 169.92'VEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 809.00 FEET, A CENTRAL ANGLE OF 11°42'29", A CHORD BEARING OF:,, I. /1°45'11"W. AND A CHORD LENGTH OF 165.03 FEET, THENCE ALONG THE AgOF.:SA1D CURVE, AN ARC LENGTH OF 165.32 FEET TO THE POINT OF COMPOUNDP141VATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 25.00 FEET, A CE-NtkAL ANGLE OF 91°49-38", A CHORD BEARING OF S.66028'45"W AND A CHORD ,jai TH OF 35.91 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTt i* -.-97 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE S.20033'5'5;ADISTANCE OF 53.03 FEET TO THE POINT OF CURVATURE OF A CURVE TO THEHAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 88002'24", A C10 I BEARING OF S.64035'08"W. AND A CHORD LENGTH OF 34 75 FEET; THENCE ALtrV:ARC OF SAID CURVE, AN ARC LENGTH OF 38.41 FEET TO THE POINT F ;VERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 706.()0°`F EMCENTRAL ANGLE OF 08011-18", A CHORD BEARING OF N.75029'19"W. AND A C�eo,LENGTH OF 100.81 FEET; THENCE ALONG THE ARC OF SAID CURVE, 'A, 14 �t ; ,LENGTH OF 100.90 FEET TO THE POINT OF COMPOUND CURVATURE OF A UV TO THE LEFT, HAVING: A RADIUS OF 455.00 FEET, A CENTRAL ANGLE OF 23°'122", A CHORD BEARING OF S.8 8 °48'56"W. AND A CHORD LENGTH OF 183.01 FE'1&THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 184.26 FEET TO TH�"O' T OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING A`R ►I $ OF 100.00 FEET, A CENTRAL ANGLE OF 12051'36", A CHORD BEARING OF S+83'°38')8' W. AND A CHORD LENGTH OF 22.40 FEET, THENCE ALONG THE ARC OF SAO VE, AN ARC LENGTH OF 22.45 FEET TO THE POINT OF TANGENCY OF S otURVE, THENCE N.89 55 34 W., � )DISTANCE OF ° A DISTANCE OF 89.35 FEET; THENCE N.69°29'45"Vlf , 157.43 FEET; THENCE N.25°53'03"E., A DISTANCE OF 429.71 FEET, T ECE N.76046'15"E., A DISTANCE OF 20.62 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 167.70 FEET, A CENTRAL ANGLE OF 38016'50", A CHORD BEARING OF N.57°37'50"E, AND A CHORD LENGTH OF 109.97 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 11104 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING: A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 117014'19", A CHORD BEARING OF N.22029'35"W. AND A CHORD LENGTH OF 102.45 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN 3 Packet Pg. 218 OR: 2552 PG: 0008 ARC LENGTH OF IGHT14A FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT,,HVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF I"W LENGTH OF 74.57 96026'25", A CHORD BEARING OF N.3 SAID CURVE, U �D N ARC RLDENGTH OF 84.16 FEET FEET; THENCE ALONG THE ARC OF TO A POINT ON A CURVE TO THE LEFT, HAVING: A RADIUS OF 67.42 FEET, A CENTRAL ANGLE OF 44044'49", A CHORD BEARING OF N.04040'53"W. AND A CHORD LENGTH OF 51`3 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH O0216 EET TO THE END OF SAID CURVE, THENCE N.14°38'16"W., A DISTANCE pF 6,FEET-, THENCE N.04°35'04"W., A DISTANCE OF 477.45 FEET; F 38.20 FEET TO A POINT 0 THENCE N.42°39T! ., A DISTANCE 0 FEET, A CENTRAL ANGLE OF CURVE 03'S9", A THE LEFT, HAVIN9, A`LADIUS OF 1 CHORD BEARING OFFtN.af°36'39"W. AND A CHORD LENGTH OF 253.11 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 301.24 FEET TO THE END OF SAID CURVE; HENCE N.58°43'17"W., A DISTANCE OF 45.21 FEET; THENCE N.51°1T56"W:; A DISTANCE OF 388,63 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A.lUS OF 129.24 FEET, A CENTRAL ANGLE OF 16058'36", A CHORD BEARING OF N.010;0�"* AND A CLENIGTH OF 38.29 FEET TO A POINT ON LENGTH OF 38.15 FEET, THENCE ALONG THE ARC OF SAID CURVE;EAN ARC A CURVE TO THE LEFT, HA�?ING``ARADIUS"W BAND A CHORD LENGTH OF 1J66.84F 162044'37", A CHORD BEARING 0}F.743 FEET; THENCE ALONG THE ARC, SiFMD CURVE, ARC LENGTH OF 239.66 N EA TO THE POINT OF REVERSE CURV,A ,�OF 02°CURVE 52 57"O THE BEARING OF RADIUS OF 40.00 FEET, A CENTRAL Ate S.75°30'28"W. AND A CHORD LENGTF�E 6,56 FEET; 'THENCE ALONG D CURVE, OF SAID CURVE, AN ARC LENGTH OF 71.g�EET`TO THE END OF SAID THENCE N.54°25'59"W., A DISTANCE OF`6f14ET TO F FEETPOINT , A CENTRAL ANGLE OF A CURVE TO THE LEFT, HAVING: A RADI O30.0 42,93 OF 91°22'55", A CHORD BEARING OF S.7905 4 W '�DA C LENGTH OF 47I.85FFEET FEET; THENCE ALONG THE ARC OF SAID CUR AN S.34011'07"W., A DISTANCE TO THE POINT OF TANGENCY OF SAID CURVE; URVE THE OF 113.58 FEET TO THE POINT OF CURVATU RE RAL ANGLE-OF,TO, 2 RIGHT, O HAVING: A RADIUS OF 30.00 FEET, A BEARING OF S.63°02'28"W. AND A CHORD LENT 30 0 THE2 FEET TO POINT OF THE ARC OF SAID CURVE, AN ARC LENGTH O RADIUS OF 255 00 HAY ` G`, .. REVERSE CURVATURE OF A CURVE TO THE LEFT, F S`,84°22'57"W AND A FEET, A CENTRAL ANGLE OF 15001'44", A CHORD BEARI � e CURVE, AN CHORD LENGTH OF b6.70 FEET; "THENCE ALONG THE O T ',HAVING-. A ARC LENGTH OF 66.89 FEET TO A POINT ON A CURVE _ RADIUS OF 27.00 FEET, A CENTRAL ANGLE OF 6902 , THENCE A.RD-BEG OF LONG THE ARC OF S.41049'18"W. AND A CHORD LENGTH OF 30.72VE SAID CURVE, AN ARC LENGTH OF 32.68 FEET E C lUR7° E TO A E LEFT, HAVING: A RADIUS OF 212.00 FEET, CENTRAL ANGLE CHORD BEARING OF S.61035'30"W. AND A CL� � ENGTH OF 65.74 H OF 66 0 FEET O THE POINTT, THENCE THE ARC OF SAID CURVE, AN ARC ;'THENCE S.52°40'21"W., A DISTANCE OF 63.03 FEET OF TANGENCY OF SAID CURVE 4 Packet Pg. 219 OR: 2552 PG: 000 TO THE POINT OF CURVATURE OF A CURVET 0 THE RIGHT, HAVING: A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 62003'54", A CHORD BEARING OF S.83042'18"W. AND A CHORD LENGTH OF 15.47 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 16.25 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 96.00 FEET, A CENTRAL ANGLE OF 2603526", A CHORD BEARING OF N.78033'28"W. AND A CHORD LENGTH OF,44.15 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC F LENGTH O4.55 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGID, * . NG: A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF' 14403611 ", A CHORD BE N.19°33'06"W. AND A CHORD LENGTH OF 9.53 FEET; THENCE ALONG THE ARC, SAID CURVE, AN ARC LENGTH OF 12.62 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.52°45'00"E., A DISTANCE OF 111.50 FEET TO THE POINT OF�CIlRVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 10.00 FEET, A CENTRAL -ANGLE OF 90000'00", A CHORD BEARING OF N.07045'00"E. AND A CHORD LE 14.14 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 15, 1 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.37° 15'00"W., A DISTANCE OF 116.24 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 195.00 FEET, A CENTRAL ANGLE OF 57004'14", A CHOIZD,B. RING OF N.08042'53"W. AND A CHORD LENGTH OF 186.30 FEET- THENCE ALONG`*M.,ARC OF SAID CURVE, AN ARC LENGTH OF 194.23 FEET TO THE POINT OF S CURVATURE OF A CURVE TO THE LEFT, 11 f.VE�t:a HAVING: A RADIUS OF 10.00 FEET; �"( EkTRAL ANGLE OF 88°36'09% A CHORD BEARING OF N.24°28'5I "W. AND A HQ � , EENGTH OF 13.97 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC L�OF 15.46 FEET TO THE POINT OF TANGENCY OF SAID CURVE, THENCE r-6 ° 6' 5"W., A DISTANCE OF 127.91 FEET TO THE POINT OF CURVATURE OF A CUIVIT, , THE RIGHT, HAVING: A RADIUS OF 5 00 FEET, A CENTRAL. ANGLE OF 91°43''HORD BEARING OF N.22°55'17"W. AND A CHORD LENGTH OF T 18 FEET, THENCE A ONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 8.00 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 3 9.00 � EET, A CENTRAL ANGLE OF 01°43'59", A CHORD BEARING OF N.23°48'20"E. AHORD LENGTH OF 10.22 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN.,PC ENGTH OF 10.22 FEET TO THE POINT OF TANGENCY OF SAID CURVE; CE THENN24°40'20"E , A DISTANCE OF 324.33 FEET TO THE POINT OF CURVATURE OF A CUR?AF`'?D THE RIGHT, HAVING: A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF ry90'00", A CHORD BEARING OF N.6904070"E. AND A CHORD LENGTH OF 7.07 F f, NCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 7.85 FEET TO T`HINT OF TANGENCY OF SAID CURVE; THENCE S.65019'40"E., A DISTANCE O 3.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING`FA RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 90°00-00", A CHORD BEARING OF N.69°40'20"E. AND A CHORD LENGTH OF 14.14 FEET, THENCE ALONG TIE ARC OF SAID CURVE, AN ARC LENGTH OF 15.71 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.24040'20"E., A DISTANCE OF 108.13 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 2185.00 FEET, A CENTRAL ANGLE OF 08044'40", A CHORD BEARING OF N.20017'59"E. AND A CHORD LENGTH 5 Packet Pg. 220 OR; 2552 PG; 0 9.A.1.c OF 333.15 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 333.48 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.15°5539"E., A DISTANCE OF 163.47 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 94°34'16", A CHORD BEARING OF N.31 °21'29"W. AND A CHORD LENGTH OF 22.04 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 24.76 FEET TO THE POINT OF TANGENCY OF SAID CURVE, THENCE N.78°38'37"W., A DISTANCE OF 132.15 FEET TOT . PANT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS ; FEET, A CENTRAL ANGLE OF 89043' 11 ", A CHORD BEARING OF N.33047'02" fl'A CHORD LENGTH OF 7.05 FEET; THENCE ALONG THE ARC OF SAID CURVES 'VV,4C LENGTH OF 7.83 FEETTO THE POINT OF REVERSE CURVATURE OV A U VE TO THE LEFT, HAVING: A RADIUS OF 2039,00 FEET, A CENTRAL ANGL"F 00009'58", A CHORD BEARING OF N.10°59'34"E. AND A CHORD LENGTH OF 5.92 FEET; THNCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 5.92 FEI✓THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING : IUS OF 15.00 FEET, A CENTRAL ANGLE OF 51'08' 16", A CHORD BEARING OF N 36°2X43"E. AND A CHORD LENGTH OF 12.95 FEET; THENCE ALONG THE ARC OF SAID Vk-kF, AN ARC LENGTH OF 13.39 FEET TO THE POINT OF REVERSE CURVATURE U A O. q VE TO THE LEFT, HAVING: A RADIUS OF 6&00 FEET, A CENTRAL ANGLE OF 11J01-,0", A CHORD BEARING OF N.12°02'47"E. AND A CHORD LENGTH OF 104.18 FEET 'IIlENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 118.69 FEET TO TUEPOINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: Ar;.owo", l0 37053'36", A CHORD BEARING OF N FEET; THENCE ALONG THE ARC OF SAD C TO THE POINT OF TANGENCY OF SAID U1 DISTANCE OF 47.58 FEET TO THE SOUTH 1 THENCE ALONG SAID SOUTH RIGHT OF W 499.97 FEET; THENCE CONTINUE ALONG S. OF 15.00 FEET, A CENTRAL ANGLE OF M'. AND A CHORD LENGTH OF 9.74 1.RVE, AN ARC LENGTH OF 9.92 FEET ' %J ENCE N.00°03-43"W., A MT,Of WAY LINE OF STATE ROAD 84; ,_ yL N.89056'21 "E., A DISTANCE OF IDSOIUTH RIGHT OF WAY LINE S.89°44-49"E., A DISTANCE OF 140.56 FEET TO Tl E..W 3T LINE OF A FLORIDA POWER &. LIGHT ANCHOR EASEMENT, AS RECOREDE..D tN OFFICIAL RECORDS BOOK 346, PAGES 120 THRU 123 OF THE PUBLIC RECOP&OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EASEMENT S.00°151 t'. &DISTANCE OF 100.00 FEET; THENCE CONTINUE ALONG SAID EASEMENT N.89q,A 4t W., A DISTANCE OF 17.50 FEET; THENCE CONTINUE ALONG SAID EASEMENT`S 1'S'l I"W., A DISTANCE OF 5.00 FEET, THENCE CONTINUE ALONG SAID, iFASSE v[ENT S.89044'49"E., A DISTANCE OF 17.50 FEET; THENCE CONTINUE ALONG* SAID EASEMENT S.00015'11"W., A DISTANCE OF 17.50 FEET; THENCE. CO1 f INI►E ALONG SAID EASEMENT S.89044-49"E., A DISTANCE OF 5.00 FEET; THERE CONTINUE ALONG SAID EASEMENT N.000l5'11"E., A DISTANCE OF 17.50 FEET; THENCE CONTINUE ALONG SAID EASEMENT S.89044'49"E., A DISTANCE OF 555.00 FEET; THENCE CONTINUE ALONG SAID EASEMENT S.00" 15' 11 "W., A DISTANCE OF IT 50 FEET; THENCE CONTINUE ALONG SAID EASEMENT S.89°44'49"E., A DISTANCE OF 5.00 FEET; THENCE CONTINUE ALONG SAID EASEMENT N.00° 15' 11 "E., A DISTANCE OF 17.50 FEET, THENCE CONTINUE ALONG SAID EASEMENT S.89044'49"E., A P Packet Pg. 221 OR: 2552 PG: 0011 DISTANCE OF 17.50 FEET; THENCE CONTINUE ALONG SAID EASEMENT N.00015'11"E., A DISTANCE OF 5.00 FEET; THENCE CONTINUE ALONG SAID EASEMENT N.89044'49"W., A DISTANCE OF 17.50 FEET; THENCE CONTINUE ALONG SAID EASEMENT N.00015'11"E., A DISTANCE OF 100.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID STATE ROAD 84, THENCE ALONG SAID SOUTH RIGHT OF WAY LINE S.89044'49"E., A DISTANCE OF 1926,22 FEET TO THE EAST LINE OF THE NORTHEAST JA OF SECTION 2; THENCE ALONG SAID EAST LINE S.00°20'21"W., A DISTANCEOF;9669.72 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1\4 OF SECTION, 2,�T NCE ALONG THE EAST LINE OF SAID SOUTHEAST 1\4 S.00020'47"W ,^'*' WSTANCE OF 2649.52 FEET TO THE POINT OF BEGINNING, PARCEL CONTNj55.96 ACRES, MORE OR LESS. BEARINGS REFER" AN ASSUMED BEARING OF N.00°50'28"E. ALONG THE EASTERLY RIGHT OF WAYLINE OF COUNTY ROAD 951, COLLIER COUNTN', FLORIDA.;, THIS PROPERTY IS SUB' CT..T0,EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD STEPHEN E. 6EkkY, BBLS SURVEYORS & MJRGS1.8AM PROOFED IM7198 Srb REMO 11 /27/98 OF FLORl rA (I , #5296) ?RS INC (L- 5, ?-5;3 7 Packet Pg. 222 OR: 2552 PG: 0012 BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 TEL. 941-597-1315 FAX 941-597-5207 . _ CONSERVATION EASEMENT #2 1 (SEE ATTACHED SKETCH) (SHEET 6 OF 10) A PORTION OF .CT! iN 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDEtNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE S4THEAST CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENO ALONG THE SOUTH LINE OF THE SOUTHEAST 1\4 OF SAID SECTION 2 S.88017'50" , AIDISTANCE OF 1689.30 FEET TO A POINT ON SAID SOUTH LINE AND THE PORT 0VJHEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. THENCE CONTIAX;ALONG SAID SOUTH LINE S.88017'50"W., A DISTANCE OF 977.99 FEET TO �`I 90,V7'13EAS'I' CORNER OF THE SOUTHWEST 1\4 OF SAID SECTION 2; 'THENCE AL 'iiE SOUTH LINE OF SAID SOUTHWEST 1\4 OF SECTION 2 S,88017'57"W., A DIST E,1OF 994.16 FEET TO A POINT ON SAID SOUTH LINE; THENCE LEAVING S=i UTH LINE N.05006'02"W., A DISTANCE OF 94.27 FEET; THENCE N.09"22'23"E., A 1D"I$OT ICE OF 94.94 FEET,THENCE N.64006'56"E , A DISTANCE OF 240.12 F� TtiFNCE N.86°2921"E., A DISTANCE OF 77.39 FEET TO THE POINT OF CURVATUI CIS CURVE TO THE LEFT, HAVING: A RADIUS OF 180.00 FEET, A CENTRAL ANGL 96?44'06", A CHORD BEARING OF N.38007'18"E. AND A CHORD LENGTH OF 269:0TrF F-I' THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 303,90 FEE!40O' HE END OF SAID CURVE; 'THENCE N.33024'13"E., A DISTANCE OF 247.87 FEET, T NCE N 10°35'20"E., A DISTANCE OF 80.00 FEET; THENCE S.76027'50"E., A' -DISTANCE OF 67.26 FEET; THENCE S.15°18'53"E., A DISTANCE OF 48.79 FEET, H3 W S.25°18'40"E., A DISTANCE OF 48.79 FEET; THENCE N.70°47'03"E., A DISTaE OF 295.53 FEET, THENCE N.84007'12"E., A DISTANCE OF 59.65 FEET TO PINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 20,00`EA:CENTRAL ANGLE OF 82054'20", A CHORD BEARING OF N.42040'02"E. AND A C O NGTH OF 26.48 FEET THENCE ALONG THE ARC OF SAID CURVE, AN ARC L"'END€'xfgOF 28.94 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.01°12'52I-E , A DISTANCE OF 82.55 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 114°09'03", A CHORD BEARING OF N.58017'23"E. AND A CHORD LENGTH OF 41,97 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 49.81 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE S.64°38'05"E., A DISTANCE OF 213.55 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 27° 10' 18", A CHORD BEARING OF S. 51-02'56"E. 1 Packet Pg. 223 9.A.1.c OR: 2552 PG: 0013 AND A CHORD LENGTH OF 117.45 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 118.56 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE S.37027'47"E., A DISTANCE OF 69.15 FEET TO THE. POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 10 18. 00 FEET, A CENTRAL ANGLE OF 06036'55", A CHORD BEARING OF S.34°09'20"E. AND A CHORD LENGTH OF 117.47 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 117.54 FEET.TO THE POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT HA . Ck A RADIUS OF 20.00 FEET, A CENTRAL ANGLE Or 97°21'38", A CHORD l :;,OF S.17°49'57"W. AND A CHORD LENGTH OF 30.04 FEET; THENCE ALONG THL* ABC°`{) SAID CURVE, AN ARC LENGTH OF 33.99 FEET TO THE POINT OF TANGENCY` OF AID CURVE; THENCE S.66°30'46"W., A DISTANCE OF 50.87 FEET TO THE POINT'OF jMyATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 25.00 FEET, A CE4� ANGLE OF 90°00'00", A CHORD BEARING OF S.21°30'46"W. AND A CHORD LENGTH OF 35.36 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF°3917EET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE S.23°29'14"E., A,ISTA�NCE OF 102.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, V;NG: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 90000'00", A CHORD BErZ' Nf QF S.68°29' 14"E. AND A CHORD LENGTH OF 70.71 FEET; THENCE ALONG THE`,O �OF SAID CURVE, AN ARC LENGTH OF 78.54 FEET TO THE POINT OF TANGENCY�'F%SAI)� CURVE; THENCE N,66030'46"E., A DISTANCE OF 34.09 FEET TO THE POINT 0 V;�ATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 20.00 FEETkC�ENTRAL ANGLE OF 90000'00", A CHORD NG OF S 68"9'13"E AND A &Anl 1-NOTH OF 28.28 FEET- THENCE ALONG BEARI THE ARC OF SAID CURVE, AN ARC LING TANGENCY OF SAID CURVE; THFNCL' THE POINT OF CURVATURE OF A CURVE 500.00 FEET, A CENTRAL ANGLE OF 46°4f AND A CHORD LENGTH OF 396.96 FEET,' AN ARC LENGTH OF 408.20 FEET TO THE 31.42 FEET TO THE POINT OF "E., A DISTANCE OF 51.16 FEET TO E LEFT, HAVING. A RADIUS OF CHORD BEARING OF S.460523 I "E. i ALONG THE ARC OF S.AID CURVE, OTANGENCY OF SAID CURVE; THENCE S.70° 15'48"E., A DISTANCE OF 67.03 FEE"TOA POINT ON THE SOUTH LINE OF THE SOUTHEAST 1 \4 OF SAID SECTION 2 ANE PARCEL CONTAINS 21.88 ACRES, MORE OR LESS POINT OF BEGINNING Packet Pg. 224 9.A.1.c I� OR: 2552 PG: 0014 BEARINGS REFER TO AN ASSUMED BEARING OF N.00050'28"E. ALONG THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951, COLLIER COUNTY, FLORIDA. TINS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 89LS SURVEYO M3RCRitAM FROMW 10*7/9t SED TE QT kORlDA (L.S. #5296) PPE C. (L.B. #6753) Packet Pg. 225 OR: 2552 P0: 0015 4. A PORTION OF COUNTY, FL.ORIM BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL. HEAD BLVD. NAPLES, FLORIDA 34110 TEL. 941-597-1315 FAX 941-597-5207 CONSERVATION EASEMENT #3 (SEE ATTACHED SKETCH) (SHEET 7 OF 10) 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER dG MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE g'UTHEAST CORNER OF SECTION'"', TOWNSHIP 50 SOUTH, RANGE 26 EAST, THEN ALONG THE SOUTH LINE OF THE SOUTHEAST 1\4 OF SAID SECTION 2 S.88017'50" DISTANCE OF 2667.29 FEET TO THE SOUTHEAST CORNER OF THE SOUTHW S 14,,0F SAID SECTION 2; THENCE ALONG THE SOUTH LINE OF THE SAID 9jt�,'I, TW.EST 1\4 OF SECTION 2 S.88017'57"W., A DISTANCE OF 1335.52 FEET TOP'TfeE°AST LINE OF A FLORIDA POWER & LIGHT EASEMENT AS RECORDED IN' RECORDS BOOK 850, PAGE 974, OF THE PUBLIC RECORDS OF COLLIER CCU ; ;FLORIDA; THENCE ALONG THE EAST LINE OF SAID EASEMENT N.00"47'�"E: DISTANCE OF 1651.17 FEET; THENCE 1 LEAVING THE EAST LINE OF SAID EIvNT N.89012'40"W , A DISTANCE OF 423 8 FEET TO THE POINT OF BEGINNING 1`I`PARCEL OF LAND riEREIN DESCRIBED AND A POINT ON A CUR VEO RIGHT, HAVING: A RADIUS OF FEET, A CENTRAL ANGLE OF 20.11-21",CHORD BEARING OF S.24°44'44"W. 226.84 FE , AND A CHORD LENGTH OF 79.52 FEET; THE IGE A SONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 79.93 FEET TO A POINT Z)1 AURVE TO THE LEFT, HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 1_°J8 5", A CHORD BEARING OF S.03015'58"E. AND A CHORD LENGTH OF 315.55 FE , THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 351.87 FEET TO THE�POI.NT OF COMPOUND CURVATURE OF A CURVE TO THE LEFT, HAVING. A RAD&S OF 50.00 FEET, A CENTRAL ANGLE OF 104°54'35", A CHORD BEARING 0�1'8 °"�7'32"E. AND A CHORD LENGTH OF 79.29 FEET, THENCE ALONG THE ARC OF S' ' RYE, AN ARC LENGTH OF 91.55 FEET TO THE END OF SAID CURVE; THEN FVS. � °0T26"W., A DISTANCE OF 91.26 FEET; THENCE S.00 17 38 W., A DISTANCE O 4j8.92 FEET, THENCE S.52034'53"W., A DISTANCE FEET A CENTRAL ANGLE OF 89A POINT ON �3T37"�OA THE LEFT, HAVING: A RADIUS OF 60.00 CHORD BEARING OF N.82°09'05"W. AND A CHORD LENGTH OF 84.58 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 93.86 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE. TO THE LEFT, HAVING. A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 50°5844", A CHORD BEARING OF S.27-32'44"W. AND A CHORD LENGTH OF 189.35 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 195.74 FEET TO THE POINT OF REVERSE CURVATURE OF A 1 Packet Pg. 226 OR: 2552 PG: 0016 9•A.1.c CURVE TO THE RIGHT, HAVING: A RADIUS OF 405.00 FEET, A CENTRAL ANGLE OF 50003'28", A CHORD BEARING OF S.27005'06"W. AND A CHORD LENGTH OF 342.69 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 353.84 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 60,00 FEET, A CENTRAL ANGLE OF 37°54-07", A CHORD BEARING OF S.33009'47"W. AND A CHORD LENGTH OF 38.97 FEET; THENCE ALONG THE ARC OF SAID CURVE sAN ARC LENGTH OF 39.69 FEET TO THE POINT OF REVERSE CURVATU F,,A CURVE TO THE RIGHT, HAVING: A RADIUS OF 30 00 FEET, A CENTRAL A OF 81°14-30", A CHORD BEARING OF S.54°49'58"W. AND A CHORD LENGTH OF 0,06AET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 4�.°54'F< ET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.84032'47"W., AISTANCE OF 73.10 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIU9,OF)30.00 FEET, A CENTRAL ANGLE OF 85°29-47", A CHORD BEARING OF N.41047'14"W kAND A CHORD LENGTH OF 40.74 FEET; THENCE ALONG THE ARC OF SAID CURV%-'AN ARC LENGTH OF 44.78 FEET TO THE POINT OF REVERSE CURVATURE A...CURVE TO THE LEFT, HAVING: A RADIUS OF 69.02 FEET, A CENTRAL ANGLE 0E-S6?,19'33"1 A CHORD BEARING OF N.39°12'03"W. AND A CHORD LENGTH OF 89.03 FEET,4HENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 96.76 FEET TO, POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADl OF30.U0 FEET, A CENTRAL ANGLE OF 105037'33", A CHORD BEARING t +1�26�o, 3'03"W. AND A CHORD LENGTH OF 47.81 FEET; THENCE ALONG THE ARC OF At0 CURVE, AN ARC LENGTH OF 55.31 FEET TO THE END OF SAID CURVE; THE it C fib° 16'28"E., A DISTANCE OF 391.24 FEET, THENCE N.12011'l6"W., A DISTANCE F,::6?, ,FEET; THENCE N.22035'34"W., A DISTANCE OF 43.07 FEET; THENCE N.11F,„,, A DISTANCE OF 3 1. 10 FEET TO THE POINT OF CURVATURE OF A CUR TC'TI RIGHT, HAVING: A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 46°26'08" A CI�ORD BEARING OF N.34°17'52"E. AND A CHORD LENGTH OF 78.85 FEET; THEN AWING THE ARC OF SAID CURVE, AN ARC LENGTH OF 81.05 FEET TO THE POINT'�OF-REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 100`00 FEET, A CENTRAL ANGLE OF 39°07'05", A CHORD BEARING OF N.37057'23"E. AND A CHORD LENGTH OF 66.96 FEET; THENCE ALONG THE ARC OF SAID CURVE, ANAC ENGTH OF 68 27 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING: SOF 188.30 FEET, A CENTRAL ANGLE OF 23033'24", A CHORD BEARING OF N`,W 405"E. AND A CHORD LENGTH OF 76.88 FEET; THENCE ALONG THE ARC OF SAID G VE, AN ARC LENGTH OF 77.42 FEET TO A POINT ON A CURVE TO THE LE VTNG: A RADIUS OF 78.16 FEET, A CENTRAL ANGLE OF 22° 17' 12", A CHORD BEARJN, CJ OF N.1101878"W. AND A CHORD LENGTH OF 30.21 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 30.40 FEET TO A POINT ON AtURVE TO THE LEFT, HAVING: A RADIUS OF 36.54 FEET, A CENTRAL ANGLE OF 36039'09", A CHORD BEARING OF N.40°24'04"W. AND A CHORD LENGTH OF 22.98 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 23.37 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING: A RADIUS OF 187.82 FEET, A CENTRAL ANGLE OF 29°3875", A CHORD BEARING OF N.75°02'19"W. AND A CHORD LENGTH OF 96.08 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 97.16 FEET 2 Packet Pg. 227 9.A.1.c OR: 2552 PG: 0017 TO THE END OF SAID CURVE, THENCE S.88°36'04"W., A DISTANCE OF 38.27 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIUS OF 88.96 FEET, A CENTRAL ANGLE OF 2005338", A CHORD BEARING OF N.78036'57"W. AND A CHORD LENGTH OF 32.26 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 32.44 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIUS OF 209.70 FEET, A CENTRAL ANGLE OF 12°16'37", A CHORD BEARING OF N.61044'43"W D A CHORD LENGTH OF 44.85 FEET, THENCE ALONG THE ARC OF SAID CUR,*AN ARC LENGTH OF 44.93 FEET TO THE END OF SAID CURVE; THENCE N,,'S0°3`6 4Q"W., A DISTANCE OF 75.03 FEET TO A POINT ON A CURVE TO THE RIGHT H c IN : A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 88° 13' 19", A CHORD BEARING�F I`1.32°52'34"W. AND A CHORD LENGTH OF 139.21 FEET; THENCE ALONG TIC -ARC OF SAID CURVE, AN ARC LENGTH OF 153.98 FEET TO A POINT ON A CURVt TO THE LEFT, HAVING: A RADIUS OF 328.55 FEET, A CENTRAL ANGLE OF 32000'07", A CHORD BEARING OF N.04039'32"W. AND A CHORD LENGTH OF 181.13 FEET; THENeLONG THE ARE OF SAID CURVE, AN ARC LENGTH OF 183.51 FEET TO A POINVON A=CURVE TO THE RIGHT, HAVING: A RADIUS OF 120.00 FEET, A CENTRAL ANGLE'Or3l�49'4V, A CHORD BEARING OF N.0401235"W. AND A CHORD LENGTH OF 67.82 FRO; TIlENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 68.75 FEET T-QTHPOINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAYING: A RADII S`O `330.00 FEET, A CENTRAL ANGLE OF 21°57-56", A CHORD BEARING OF N.01 ° 13'11"E "Ah1D A CHORD LENGTH OF 125.74 FEET; THENCE ALONG THE ARC OF SAID URVE, AN ARC LENGTH OF 126.51 FEET TO THE POINT OF REVERSE CURVATU"-A�CURVE TO THE RIGHT, HAVING: A RADIUS OF 120.00 FEET, A CENTRAL A�N Et'OF 48009'57", A CHORD BEARING OF N.14019' 18"E AND A CHORD LENGTH 61 EET; THENCE ALONG THE ARC OF SACURVE, AN ARC LENGTH OF 100.89 FE T `O THE POINT OF REVERSE ID CURVATURE OF A CURVE TO THE LEFT, HYING: A RADIUS OF 135.00 FEET, A CENTRAL ANGLE OF 69°23'16", A CHORD BE" II400F N.03°42'39"E, AND A CHORD LENGTH OF 153.68 FEET; THENCE ALONG THE C-OF SAID CURVE, AN ARC LENGTH OF 163.49 FEET TO A POINT ON A CURVEO(THE RIGHT, HAVING: A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 72°22'52- A }CHORD BEARING OF N.10°4547"E. AND A CHORD LENGTH OF 29.52 FEET, ii6gft ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 31.58 FEET TO A POiT'ONA CURVE TO THE RIGHT, HAVING: A RADIUS OF 144.89 FEET, A CENTRAL'A IdLE OF 48°54-51 ", A CHORD BEARING OF S.28034' 15"E. AND A CHORD LENGTHbRI P,97 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 123.0FrT TO THE END OF SAID CURVE; THENCE S.08°35'33"E., A DISTANCE OF 65.84 FEHENCE S.22007'20"E., A DISTANCE OF 21.56 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 8005212", A CHORD BEARING OF S.62033'36"E, AND A CHORD LENGTH OF 25.94 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 28.23 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIUS OF 185.00 FEET, A CENTRAL ANGLE OF 24000'46", A CHORD BEARING OF N.83°14'00"E. AND A CHORD LENGTH OF 76.97 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 77.53 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A 3 Packet Pg. 228 9.A.1.c OR: 2552 PG: 0018 RADIUS OF 15.42 FEET, A CENTRAL ANGLE OF 99025'10", A CHORD BEARING OF S.35010'50"E. AND A CHORD LENGTH OF 23.52 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 26.76 FEET TO THE END OF SAID CURVE; THENCE S.25003'29"W., A DISTANCE OF 31 16 FEET, THENCE S.32°05'55"E., A DISTANCE OF 39.95 FEET; THENCE S.70°01'20"E., A DISTANCE OF 36.47 FEET; THENCE S.85054'26"E., A DISTANCE OF 28.24 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING;: A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 120°07'04", A CHORD BEARNG, OF S.76004'59"E. AND A CHORD LENGTH OF 26.00 FEET, THENCE ALONG THE OF SAID CURVE, AN ARC LENGTH OF 31.45 FEET TO THE POIN"I' OF REVERSI�1�TURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 45.00 FEET, A CENTRAL' GLE OF 88°38-30", A CHORD BEARING OF S.60020'41 "E. AND A CHORD LENGT F v;; 88 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF'21FEET TO THE END OF SAID CURVE; THENCE N.66°11'37"E., A DISTANCE OF 40.70 FEET; THENCE N.43°22'17"E., A DISTANCE OF 84.33 FEET; THENCE N.75056'01"E ;�A-,DISTANCE OF 127.58 FEET; THENCE S.81°04'33"E., A DISTANCE OF 13.45 FEEY, THENCE S.71022'49"E , A DISTANCE OF 29.54 FEET; THENCE S.64026'52"E., A DISE OF 87.93 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 16,42 Alt MORE OR LESS. BEARINGS REFER TO AN AS EASTERLY RIGHT OF WAY I THIS PROPERTY IS SUBJECT TO OF RECORD. STEPHEN E. TBERRY, STJ T BBLS SURVEYORS & M%Z 9933RCE3.SAM PROOFED 101"I SEH REVISED 11127/98 1G OF N.00°50'28"E. ALONG THE Y ROAD 951, COLLIER COUNTY, RESERVATIONS OR RESTRICTIONS 10/26/99 ` OF FLORIDA (L.S. #5290) ". ?RS INC. (L.B, #6753) 4 Packet Pg. 229 OR; 2552 PG; 0019 BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 TEL. 941-597-1315 FAX 941-597-5207 CONSERVATION EASEMENT #4 (SEE ATTACHED SKETCH) ` (SHEET 7 OF 10) A PORTION OF SECTI'QN , TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM ENCING AT THES(�>I1'HEAST CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST 1\4 OF SAID SECTION 2 S.88°17'50".WKA DISTANCE OF 2667.29 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST�1\4 OF SAID SECTION 2; THENCE ALONG THE SOUTH LINE OF THE SAID SOiTjI'WEST 1\4 OF SECTION 2 S.88°17'57"W., A DISTANCE OF 1335.52 FEET TO•TI EA$T LINE OF A FLORIDA POWER & LIGHT EASEMENT AS RECORDED IN OF�,CP�L�,RECORDS BOOK 850. PAGE 974, OF THE PUBLIC RECORDS OF COLLIER COT FLORIDA; THENCE ALONG THE EAST LINE OF SAID EASEMENT N.00°472 'E.; LLSTANCE OF 2076.68 FEET; THENCE LEAVING TH E EAST LINE OF SAID EASE EiI`iT N.89°12'40"W., A DISTANCE OF 203.90 FEET TO THE POINT OF BEGINNING OF"f W,-PARCEL OF LAND HEREIN DESCRIBED; THENCE S.10°08'46"W., A Dli AF�C�F�OF 18,71 FEET; THENCE S.04035'48"W., A DISTANCE OF 31.70 FEET. THEN -" I NCE.,S.10001'22"W., A DISTANCE OF 13.89 FEET TO A POINT ON A CURVE TO THE RIG T", HAVING: A RADIUS OF 236.14 FEET, A CENTRAL ANGLE OF 20°37-39", A CHORD B ARING OF S.36016'43"W. AND A CHORD LENGTH OF 84.56 FEET; THENCE ALONG, THE, C OF SAID CURVE, AN ARC LENGTH OF 85.02 FEET TO THE END OF SAID CURVE; THENCE S.45035'37"W., A DISTANCE OF 15.37 FEET; THENCE S.43°10'30"W., A DlgT'AN..E OF 31,65 FEET, THENCE S.51020'06"W., A DISTANCE OF 16.68 FEET; THENCE S 53°30'02"W., A DISTANCE OF 21.86 FEET TO A POINT ON A CURVE TO THE?"RIGHT, HAVING: A RADIUS OF 139.04 FEET, A CENTRAL ANGLE OF 19046'57" ,A ORD BEARING OF S.6001523"W. AND A CHORD LENGTH OF 47.77 FEET, THEN . E ALO G THE ARC OF SAID CURVE, AN ARC LENGTH OF 48.01 FEET TO THE END OF S ZURVE; THENCE S.70038'211-W., A DISTANCE OF 17.77 FEET, THENCE DISTANCE OF 24.11 FEET; THENCE S.70°02'03" p•,RADItJS OF 10 00 FEET, A CENTRAL POINT ON A CURVE TO THE RIGHT, HAVING ANGLE OF 94028'03", A CHORD BEARING OOF SAID CURVE,, AND ARC LENGTH OF LENGTH OF 14.68 FEET; THENCE ALONG 16.49 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 59.89ANFED CHORD LENGTHGLE OF 64-13-40', A CHORD OF 63 68 FEET - THENCE ALONG BEARING OF N.50002'35"W. Packet Pg. 230 9.A.1.c OR: 2552 PG: 0020 THE ARC OF SAID CURVE, AN ARC LENGTH OF 67.14 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 79.74 FEET, A CENTRAL ANGLE OF T, ? A CHORD LENGTH OF 77.03 FEET; ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 80.40 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING: A RADIUS OF 171.33 FEET, A CENTRAL ANGLE OF 48°33'04", A CHORD BEARING OF N.48047'48"W.'A CHORD LENGTH OF 140.87 FEET; THENCE ALONG THE ARC OF SAID CUR E%�ANN ARC LENGTH OF 145.18 FEET TO THE END OF SAID CURVE, THENCE N,72°4i129,"E., A DISTANCE OF 51.45 FEET TO THE POINT OF CURVATURE OF A CURV�Ta H RIGHT, HAVING: A RADIUS OF 340.00 FEET, A CENTRAL ANGLE OF 06°1T4ZF,,A CHORD BEARING OF N.75049'20"E. AND A CHORD LENGTH OF 37.34 FEET; THENIC9 ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 37.36 FEET TO THE`PPOINT OF TANGENCY OF SAID CURVE; THENCE N.78058'11"E., A DISTANCE OF 152.58. FEET" O THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A IAJI ; OF 390.00 FEET, A CENTRAL ANGLE OF 23°4S'39", A CHORD BEARING OF S':, 009'00"E. AND A CHORD LENGTH OF 160.58 FEET; THENCE ALONG T}iE ARC OF SAID VF. AN ARC LENGTH OF 161.74 FEET TO THE POINT OF REVERSE CURVATURE Old 310.00 FEET, A CENTRAL ANGI AND A CHORD LENGTH OF 48 AN ARC LENGTH OF 49.50 FEE PARCEL CONTAINS 1.50 ACRES, BEARINGS REFER TO AN ASSUMED EASTERLY RIGHT OF WAY LINE OF FLORIDA. THIS PROPERTY IS SUBJECT TO OF RECORD. :VE TO THE LEFT, HAVING: A RADIUS OF 08 57 49 , A CHORD BEARING OF S.81045105"E. sT; THENCE ALONG THE ARC OF SAID CURVE, EHE POINT OF BEGINNING. R:� OR LESS. OF N.00°50'28"E. ALONG THE tOAD 951, COLLIER COUNTY, VATIONS OR RESTRICTIONS 10/26/98 STEPHE4E.. ERRY, STAT 0 FLORIDA (L.S. #5296) BBLS SURVEYORS & MAP INC. (L.B. #6753) '1 M3RCE4SAM PROOFED 10\27\98 SEB REVISED 11t2l98 2 Packet Pg. 231 OR; 2552 PG; 0021 BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 TEL. 941-597-1315 FAX 941-597-5207 .; CONSERVATION EASEMENT #5 y ;.. (SEE ATTACHED SKETCH) (SHEET 8 OF 10 & SHEET 9 OF 10) c A PORTION OF SECTIQN,2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;`6UNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE �qoTHEAST CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST 1\4 OF SAID SECTION 2 S,88017'50"A AISTANCE OF 2667.29 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWE Tw 1\4 OF SAID SECTION 2; THENCE ALONG THE SOUTH LINE OF THE SAID SO'Cj`j MAST 1\4 OF SECTION 2 S.88°17'57"W., A DISTANCE OF 1335.52 FEET TO*A$T LINE OF A FLORIDA POWER & LIGHT EASEMENT AS RECORDED IN OFFIAI PUBLIC RECORDS OF COLLIER COUNT LINE OF SAID EASEMENT N.00°47'20 .E ' LEAVING THE EAST LINE OF SAID Eja FEET TO A POINT ON THE WEST LINE ( BEGINNING OF THE PARCEL OF LAND RDS BOOK 850, PAGE 974, OF THE UDA; THENCE ALONG THE EAST fANCE OF'1318.86 FEET; THENCE N.89012'40"W., A DISTANCE OF 170.00 ? ASEMENT AND THE POINT OF WbESCRIBED AND A POINT ON A CURVE TO THE LEFT, HAVING: A RADIUS Oo"OA0 FEET, A CENTRAL ANGLE OF 26*34-32", A CHORD BEARING OF S_60000'18"W,:. A4CHORD LENGTH OF 22.98 FEET; THENCE ALONG THE ARC OF SAID CURVE, i;ARC LENGTH OF 23.19 FEET TO THE POINT OF REVERSE CURVATURE OF A CQRVVTO THE RIGHT, HAVING: A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 6202- -59" A CHORD BEARING OF S.77°5T02"W. AND A CHORD LENGTH OF 103.70 FEET; T�ENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 109.02 FEET TO THE PriT,OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIO 200.00 FEET, A CENTRAL ANGLE OF 31 °28'09", A CHORD BEARING OF N.86°3"„ ""W. AND A CHORD LENGTH OF 108.47 FEET, THENCE ALONG THE ARC OF SAID C , AN ARC LENGTH OF 109.85 FEET TO THE POINT OF REVERSE CURVj0OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 45030'48", A CHORD BEARING OF N.79031'43 "W. AND A CHORD LENGTH OF 15 73 FEET, - THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 158.87 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING: A RADIUS OF 266.22 FEET, A CENTRAL ANGLE OF 16°39-02", A CHORD BEARING OF N 66°55'16"W. AND A CHORD LENGTH OF 77.09 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 77.37 FEET TO THE END OF SAID CURVE; THENCE N.85°54'24"W., A DISTANCE OF 167.16 FEET; THENCE N.79000' I 1 "W., A DISTANCE OF 21.41 FEET TO A POINT ON A Packet Pg. 232 OR: 2552 PG: 0022 CURVE TO THE LEFT, HAVING: A RADIUS OF 124.79 FEET, A CENTRAL ANGLE OF 17036'57", A CHORD BEARING OF S.75000'3 I "W. AND A CHORD LENGTH OF 38.21 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 38.37 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIUS OF 30.42 FEET, A CENTRAL ANGLE OF 64013'55", A CHORD BEARING OF N.74"53'17"W. AND A CHORD LENGTH OF 32.35 FEET-, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 3.10 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIUS 0 d.97 FEET, A CENTRAL ANGLE OF 80-12-55", A CHORD BEARING OF N.03058'32"W M, A CHORD LENGTH OF 79.85 FEET; THENCE ALONG THE ARC OF SAID CURVE,1 i, ' C LENGTH OF 86.76 FEET TO A POINT ON A CURVE TO THE ,JRLEFT, HAVING � IUS OF 210.96 FEET, A CENTRAL ANGLE OF 37-37-43", A CHORD BEARING OF-t4A3015'36"E. AND A CHORD LENGTH OF 136.07 FEET; 'THENCE ALONG THE ARC16F SAID CURVE, AN ARC LENGTH OF 138.55 FEET TO THE END OF SAID CURVE; THENCE 1.04" 09'35"E., A DISTANCE OF 81.81 FEET TO A POINT ON A CURVE TO THE RiGIIT "HAVING: A RADIUS OF 228.71 FEET, A CENTRAL ANGLE OF 27°51'30", A CHORDElEARING OF N.03°02'41 "E. AND A CHORD LENGTH OF 110.11 H FEET; THENCE ALONG TAIt OF SAID CURVE, AN ARC LENGTH OF 111.20 FEET TO A POINT ON A CURVE TO 4811LEFT, HAVING: A RADIUS OF 291.07 FEET, A CENTRAL ANGLE OF 21002'24%, AttiORD BEARING OF N.06026'06"E. AND A CHORD LENGTH OF 106.29 FEET; THENCi,4'ONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 106.89 FEET TO THEX4 Nb F SAID CURVE, THENCE N,00°3048"W., A DISTANCE OF 32.79 FEET TO A POD, T ON',A CURVE TO THE LEFT, HAVING: A RADIUS OF 28.27 FEET, A CENTRAL LOF 97°55'40", A CHORD BEARING OF N.40048'33"W. AND A CHORD LENGTH 43 6615 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 48 i `f TO A POINT ON A CURVE TO THE LEFT, HAVING: A RADIUS OF 124.71 FEET, AC TRAL ANGLE OF 11 °47'00", A CHORD BEARING OF S.86047'28"W. AND A CORD LENGTH OF 25.60 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC 1>Ni't4OF 25.65 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIUS -OF�,64. 7 FEET, A CENTRAL ANGLE OF 36029-54", A CHORD BEARING OF N.85050'32"W A CHORD LENGTH OF 128.00 FEET; THENCE ALONG THE ARC OF SAID CURVE,, AN ARC LENGTH OF I30.19 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING: A 47,S OF 400.92 FEET, A CENTRAL ANGLE OF 472212", A CHORD BEARING OFJ+ '17'54"E. AND A CHORD LENGTH OF 322.11 FEET; THENCE ALONG THE ARC OF SAiv .C`URVE, AN ARC LENGTH OF 331.47 FEET TO THE POINT OF REVERSE CURURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 29.65 FEET, A CENTRAL OF 75016'21 ", A CHORD BEARING OF N.15° 14'49"E. AND A CHORD LENGTH OF 3%6 2 VFEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 38.95 FEET. T.G A POINT ON A CURVE TO THE LEFT, HAVING: A RADIUS OF 223.81 FEET, A CENTRAL ANGLE OF 2902414", A CHORD BEARING OF N.3705T21 "E. AND A CHORD LENGTH OF 113.60 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 114.86 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 65.99 FEET, A CENTRAL ANGLE OF 46°31'07", A CHORD BEARING OF N.00000'19"W. AND A CHORD LENGTH OF 52,12 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 53.58 FEET TO THE POINT OF REVERSE 2 Packet Pg. 233 OR: 2552 PG: 0023 CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 117.96 FEET, A CENTRAL ANGLE OF 17052'04", A CHORD BEARING OF N.14-19-51"W. AND A CHORD LENGTH OF 36.64 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 36.79 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 32.95 FEET, A CENTRAL ANGLE OF 81°22'58", A CHORD BEARING OF N.46005'18"W. AND A CHORD LENGTH OF 42.96 FEET, THENCE ALONG THE " C OF SAID CURVE, AN ARC LENGTH OF 46.80 FEET TO THE END OF SAID CUI1: E,�'A' 'NCE N.57°24'28"E., A DISTANCE OF 61.52 FEET; THENCE N.11°42'09"W._ ISTANCE OF 152.39 FEET; THENCE N.49°19'30"W.DTANCE OF 65.63 FEET; THNC N.12°3624 W., A DISTANCE OF 53.45 FEET, THENCE N.17"5l'19"W , A_D TANCE OF 39.16 FEET, THENCE N.03028'53"E., A DISTANCE OF 41.02 FEET, THE NCI .X,,Z2043'56"E., A DISTANCE OF 27.52 FEET; THENCE N.11-01'38"W., A DISTANCE OF 22.72 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIUS OF -I 1722 FEET, A CENTRAL ANGLE OF 15°01'03", A CHORD BEARING OF N.18°0304"E AND A CHORD LENGTH OF 30.64 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 30.72 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING. 'A RADIUS OF 488.24 FEET, A CENTRAL ANGLE OF 09023'28", A CHORD BEARIN_&O# N107°35'07"E. AND A CHORD LENGTH OF 79.94 FEET; THENCE ALONG THE k0WOF SAID CURVE, AN ARC LENGTH OF 80.02 FEET TO A POINT ON A CURVE TO TIWR1GHT, HAVING: A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 105°47'29", HORD BEARING OF N.51046'56"E. AND A CHORD LENGTH OF 127.61 FEET, THENCE N THE ARC OF SAID CURVE, AN ARC LENGTH OF 147.71 FEET TO THE PO, IN I� RF,VERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 270.0(0 T. A CENTRAL ANGLE OF 58055'21", A CHORD BEARING OF N.75013100"E. AND i� 'RD L; "T ENGTH OF 265.59 FEETHENCE ALONG THE ARC OF SAID CURVE, AN ARC: LENGTH OF 277.67 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVES TRE,LEFT, HAVING: A RADIUS OF 145.00 FEET, A CENTRAL ANGLE OF 57°13'297;A '140RD BEARING OF N.17°08'35's AND A CHORD LENGTH OF 13 8. 88 FEET; THENCE ALONG THE ARC OF SAID CURVE, 1-1 AN ARC LENGTH OF 144.82 FEET TO THE POINT; OFFREVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 80": FEET, A CENTRAL. ANGLE OF 340W13", A CHORD BEARING OF N.05031'57"E. AND A O LENGTH OF 46.78 FEET, THENCE ALONG THE ARC OF SAID CURVE, ANpAtC LENGTH OF 47.48 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE'TP T.1F LEFT, HAVING: A RADIUS OF 95.00 FEET, A CENTRAL ANGLE OF 20°54'49"; A C ORD BEARING OF N.12°04'39"E. AND A CHORD LENGTH OF 34.48 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 34.68 FEET TO THE POINT OF GENCY OF SAID CURVE, THENCE N.01037'15"E., A DISTANCE OF 52.21 FEET; ;;,�;,.�.�10E N.18°52'34"W., A DISTANCE OF 94.51 FEET; THENCE N.0502714"1, A DISTANCE OF 73.07 FEET; THENCE N.26°58'37"E., A DISTANCE OF 25.24 FEET; THENCE N.87009'59"E., A DISTANCE OF 48.61 FEET; THENCE S.89° 15'31 "E., A DISTANCE OF 266.98 FEET; THENCE N.89°37'00"E., A DISTANCE OF 69.46 FEET TO THE WEST LINE OF SAID FLORIDA POWER AND LIGHT EASEMENT; THENCE ALONG THE WEST LINE OF SAID EASEMENT S.00047'20"W., A DISTANCE OF 2183.59 FEET TO THE POINT OF BEGINNING. 3 Packet Pg. 234 OR: 2552 PG: 0024 PARCEL CONTAINS 32.56 ACRES, MORE OR LESS. BEARINGS REFER TO AN ASSUMED BEARING OF N.00°50'28"E. ALONG THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951, COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD -£ STEPHEN E. INERRY, STA' $BLS SURVEYORS &,MAI MRCEMAM PRoom loam SEa REVEW 11/27m FLORIDA (L.S. #5296) INC. (L.B. #6753) 4 Packet Pg. 235 OR: 2552 PG: 0025 A,. A PORTION OF COUNTY, FL01 BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 TEL. 941-597-1315 FAX 941-597-5207 CONSERVATION EASEMENT 46 (SEE ATTACHED SKETCH) (SHEET 9 OF 10) TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOTHEAST CORNER OF SECTION 21 TOWNSHIP 50 SOUTH, RANGE 26 EAST; THF.NCALONG THE SOUTH LINE OF THE SOUTHEAST 1\4 OF SAID SECTION 2 S.88017'50"W-Ab1STANCE OF 2667.29 FEET TO THE SOUTHEAST CORI��ER OF THE SOUTHWEST wl\ .UF SAID SECTION 2; THENCE ALONG THE ST 1\4 OF SECTION 2 S.88°17'S7"W., A SOUTH LINE OF THE SAID S(31:J0i,�, DISTANCE OF 1335.52 FEET TO EAST LINE OF A FLORIDA POWER & LIGHT EASEMENT AS RECORDED IN O IAi.:.RECORDS BOOK 850, PAGE 974, OF THE '-FLORIDA- THENCE ALONG THE EAST PUBLIC RECORDS OF COLLIER CO ' iISTANCE OF 5289.21 FEET TO THE LINE OF SAID EASEMENT N.00°47'2; SOUTH RIGHT OF WAY LINE OF STAT Wb.84; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE S.89056'21"W., A DIS�fAI'E OF 170.02 FEET TO A POINT ON THE WEST LINE OF SAID EASEMENT ANITHE JOINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THaI,,NONG THE WEST LINE OF SAID EASEMENT S.00°47'20"W., A DISTANCE OF 74b4?T; THENCE LEAVING THE WEST LINE OF SAID EASEMENT N.89053' 16"W 4 iS'TANCE OF 274.58 FEET; THENCE N.00 00 56 E., A DISTANCE OF 721.14 FEE;-T A POINT ON SAID SOUTH RIGHT OF WAY LINE ; THENCE ALONG SAID SOU RIGHT OF WAY LINE N.79°25'06"E., A DISTANCE OF 134.67 FEET; THENCE C IIiiJE ALONG SAID SOUTH RIGHT OF WAY LINE N.89°56'21 "E., A DiSTAN(-T_, 152.29 FEET TO TI-IE POINT OF BEGINNING. PARCEL CONTAINS 4.75 ACRES, MORE OR LESS. , Packet Pg. 236 9.A.1.c OR: 2552 PG: 0026 BEARINGS REFER TO AN ASSUMED BEARING OF N.00"50'28"E. ALONG THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951, COLLIER COUNTY, FLORIDA THIS PROPi*T S SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SUPHE E. B Y, .BBLS SURVEYORS & MUCS"AU rworen lola"s s" "W" umq: Pj FLORIDA (L.S. #5296) 2 Packet Pg. 237 OR: 2552 PG: 0027 BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL HEAD BLVD. N APLES, FLORIDA 34110 TEL. 941-597-1315 FAX 941-597-5207 CONSERVATION EASEMENT #7 (SEE ATTACHED SKETCH) (SHEET 9 OF 10) A PORTION OF SEC, 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST 1\4 OF SAID SECTION 2 S.88°tT50"V(, A' ISTANCE OF 2667.29 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST' l\4,bF SAID SECTION 2; THENCE ALONG THE SOUTH LINE OF THE SAID SOUTHWEST 1\4 OF SECTION 2 S.88017'57"W , A DISTANCE OF 1335.52 FEET TOT EAST LINE OF A FLORIDA POWER & LIGHT EASEMENT AS RECORDED IN OFFfCIARECORDS BOOK 850, PAGE 974, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDk THENCE ALONG THE EAST LINE OF SAID EASEMENT N.00°47'2W ; A,1 I TANCE OF 4552.05 FEET TO A POINT ON THE EAST LINE OF SAID EASEMENT*— 9 THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG THE EAST LINE OF SAID EASEMENT N.00047'20"E., A D1STACE OF 424.32 FEET; THENCE LEAVING THE EAST LINE OF SAID EASEMETrS 813'02"E., A DISTANCE OF 111.40 FEET; TI-ENCE N.00°46'58"E., A DISTANCE OI: 3"14 9 FEET TO THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 84, THENCE ALONG SkIM��SOUTH RIGHT OF WAY LINE N.89056'21 "E., A DISTANCE OF 466.31 FEET, THENCE�-°vNTINUE ALONG SAID SOUTH RIGHT OF WAY LINE N.51021'35"E., A DISTANCROF 215.65 FEET TO A POINT ON SAID SOUTH RIGHT OF WAY LINE AND A CURVE TO TIE RIGHT, HAVING: A RADIUS OF 32.00 FEET, A CENTRAL ANGLE OF 43°50'4S%-�A CHORD BEARING OF S.28°35'42"W. AND A CHORD LENGTH OF 23.90 FEET; THEI,(CE� EEAVING SAID SOUTH RIGHT OF WAY LINE ALONG THE ARC OF SAID C � AN ARC LENGTH OF 24.49 FEET TO THE POINT OF REVERSE CURVATURE OFA'CUVE TO THE LEFT, HAVING: A RADIUS OF 68.00 FEET, A CENTRAL ANGLE OF 87.14' 3" A CHORD BEARING OF S.06 53 39"W. AND A CHORD LENGTH OF 93.83 FEET '-FHENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 103.55 FEET TO'HE POINT OF REVERSE CURVATURE OF A CURVE. TO THE RIGHT, HAVING: A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 47-32-33", A CHORD BEARING OF S.12°5T31"E. AND A CHORD LENGTH OF 12.09 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 12.45 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 1961.00 FEET, A CENTRAL ANGLE OF 03028'58", A CHORD BEARING OF S.12°33'15"W. AND A CHORD LENGTH OF 119.18 Packet Pg. 238 9.A.1.c OR: 2552 PG: 0028 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 119.20 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 90017'35", A CHORD BEARING OF S.59°26'31 "W. AND A CHORD LENGTH OF 7.09 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 7.88 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.75°24'42"W., A DISTANCE OF 130.97 FEET TO THE POINT OF CURVATURE F A CURVE TO THE LEFT, HAVING: A RADIUS OF 5.00 FEET, A CENTRAL AI E OF 90°00'00", A CHORD BEARING OF S.59°35'18"W. AND A CHORD LENGTH OF,, � FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH 0f7 v,F T TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, k8Y1? ` ,A RADIUS OF 1820.00 FEET, A CENTRAL ANGLE OF 10-05-01'", A CHORD BEARING -,OF S.19°37'49"W. AND A CHORD LENGTH OF 319.90 FEET; THENCE ALONG' HE ARC OF SAID CURVE, AN ARC LENGTH OF 320.31 FEET TO THE POINT OF TANGENCY OF SAID CURVE, THENCE S.24040'20"W., A DISTANCE OF 447.46 FEET TO THE P4 OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 555.00 FEET A CENTRAL ANGLE OF 11°04-04", A CHORD BEARING OF S.19°08'18"W. AND A CHO*tE IGTH OF 107.04 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENdTWOP 107.21 FEET TO THE END OF SAID CURVE, THENCE N.76023'44"W., A DIST-ANC,.OF 15.00 FEET; THENCE N.83°48'44"W., A DISTANCE OF 68 21 FEET; TAFr 3056'43"E., A DISTANCE OF 91.36 FEET TO A POINT ON A CURVE TO THE. LEV71, HAVING- A RADIUS OF 75.01 FEET, A CENTRAL ANGLE OF 92°32'38", A CHORD BE &OF N.60°15'17"W. AND A CHORD LENGTH OF 108.41 FEET; THENCE ALONG THE �OF SAID CURVE, AN ARC LENGTH OF 121.16 FEET TO A POINT ON A CURVE.T0HE LEFT, HAVING: A RADIUS OF 569.84 FEET, A CENTRAL ANGLE OF 02°00'30"; C ORD BEARING OF S.84°59'(}6"W. AND A CHORD LENGTH OF 19.97 FEET; THENCE AL &d THE ARC OF SAID CURVE, AN ARC LENGTH OF 19.98 FEET TO A POINT OW, A CURVE TO THE LEFT, HAVING: A RADIUS OF 197.93 FEET, A CENTRAL. ANGLE. 6F 04'58", A CHORD BEARING OF S.88057'55"W. AND A CHORD LENGTH OF 51.9� THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 52.11 FEET TOTHE POINT OF BEGINNING. PARCEL CONTAINS 7.79 ACRES, MORE OR LESS.` 2 Packet Pg. 239 OR: 2552 PG: 0029 BEARINGS REFER TO AN ASSUMED BEARING OF N.0005078"E. ALONG THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951, COLLIER COUNTY, FLORIDA. nUS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. STEPHEN E. BERR) BBLS SURVEYORS IROOM lm"s sn "VIM I lmrn 1DA (L. S. #5296) (L.B.#6753) 3 Packet Pg. 240 9.A.1.c OR: 2552 PG: 0030 BBLS SURVEYORS & MAPPERS INC. 1502-A RAIL HEAD BLVD, NAPLES, FLORIDA 34110 TEL. 941-597-1315 FAX 941-597-5207 CONSERVATION EASEMENT #8 (SEE ATTACHED SKETCH) t (SHEET 10 OF 10) c .'a A PORTION OF CTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORID BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE'SQbTHEAST CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, THEN ALONG THE SOUTH LINE OF THE SOUTHEAST 1\4 OF SAID SECTION 2 S.8801 0'1 DISTANCE OF 2667,29 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWE'S 1 4E91` SAID SECTION 2; THENCE ALONG THE SOUTH LINE OF THE SAID SOU,TH EST 1\4 OF SECTION 2 S.88p17'57"W., A DISTANCE OF 1335.52 FEET T`Q'b` etAST LINE OF A FLORIDA POWER & L.IGHT EASEMENT AS RECORDED C1A. RECORDS BOOK 850, PAGE 974, OF THE PUBLIC RECORDS OF COLLIER C5QtWtV,,,. FLORIDA; THENCE ALONG THE EAST LINE OF SAID EASEMENT N.00047'2 "E:DISTANCE OF 2584.91 FEET TO A POINT ON THE EAST LINE OF SAID EASEMENT THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED,;r H) NNCE CONTINUE ALONG THE EAST LINE OF SAID EASEMENT N.00047'20"F..,` A D1<fif'. CE OF 1929.48 FEET; THENCE LEAVING THE EAST LINE OF SAID EASEM.E ,f' $6°28'56"E., A DISTANCE OF 12.93 FEET; THENCE N.83p52'58"E., A DISTANCE F 47 SSlEET; THENCE S.79°16'22"E., A DISTANCE OF 28.38 FEET; THENCE S.17°20'02"E�,-A�,pISTANCE OF 23.32 FEET, THENCE S.06029'49"W., A DISTANCE OF 36.64 FEET`.; T NCE S.22018'42"W., A DISTANCE OF 38.65 FEET; THENCE S.04p00'14"W ISTANCE OF 42.80 FEET; THENCE S.23042'10"E., A DISTANCE OF 62.89 FEET; TIi CE S 16°41'12"E., A DISTANCE OF 107.44 FEET; THENCE S.13p51'43"E., A DIS Al cE OF 122.83 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING: A RADIUS Qf ,6p.28 FEET, A CENTRAL ANGLE OF 26010'51 ", A CHORD BEARING OF S 0212"W . AND A CHORD LENGTH OF 47.69 FEET; THENCE ALONG THE ARC OF SAI CURVE, AN ARC LENGTH OF 48.11 FEET TO THE POINT OF REVERSE CUR' il" idOF A CURVE TO THE LEFT, HAVING: A RADIUS OF 74.06 FEET, A CENTRAL ANGLE 'F 23°53'34", A CHORD BEARING OF S.03016'20"W. AND A CHORD LENGTH OF 30.'66 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 30.88 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 175.10 FEET, A CENTRAL ANGLE OF 22 39 59 , A CHORD BEARING OF S.02°39'33"W. AND A CHORD LENGTH OF 68.82 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 69.27 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 243.74 FEET, A CENTRAL ANGLE OF Packet Pg. 241 OR: 2552 PG: 0031 34051'35", A CHORD BEARING OF S.03026116"E. AND A CHORD LENGTH OF 146.02 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 148.30 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING: A RADIUS OF 238.83 FEET, A CENTRAL ANGLE OF 29049'33", A CHORD BEARING OF S.37000'12"E. AND A CHORD LENGTH OF 122.93 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 124.33 FEET TO THE END OF SAID CURVE; THENCE S.78°40'05"E., A DISTANCE OF. 50.92 FEET; THENCE N.75°25'32"E., A DISTANCE OF 5.89 FEET; THENCE S.79°4'56"E., A DISTANCE OF 17.50 FEET TO A POINT ON A CURVE TO THE LEFT, HAVi i6 kRADIUS OF 472 50 FEET, A CENTRAL ANGLE OF 33°22-00", A CHORD BEARfNO 5.06022'56"E. AND A CHORD LENGTH OF 271.29 FEET; THENCE ALONG THE AC� O V OF COMPOUND C ,�SAID CURVE, AN ARC LENGTH OF 275.16 FEET TO THE POINT R:TURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF � 7.50 FEET, A CENTRAL ANGLE OF 90018'29", A CHORD BEARING OF S.68 13 10 E. AND A CHORD LENGTH OF410.64 FEET; THENCE ALONG THE. ARC OF SAID CURVE, AN ARC LENGTH OF l I V FEET TO THE POINT OF TANGENCY OF SAID CURVE, THENCE N.66°37'35"E., AISTANCE OF 127.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, WING: A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 90023'21 ", A CHORD BEAT llq ? ' S.68° 10'44"E. AND A CHORD LENGTH OF 7. 10 FEET; THENCE ALONG THE `ARC.,OF�SAID CURVE, AN ARC LENGTH OF 7.89 FEET TO THE POINT OF COMPOUND URVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 551.37 FEET, A CEN" ANGLE OF 26011'04", A CHORD BEARING OF S.09053'32"E. AND A CHORD LENGTIAOF 249.79 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 51:9FET TO THE POINT OF COMPOUND CURVATURE OF A CURVE TO THE R HT, SAVING: A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 91002'55", A CHORD BEARING OF S.48043 28 W. AND A CHORD LENGTH OF 7.14 FEET; THENCE ALONG`'I'4E��A�t OF SAID CURVE, AN ARC LENGTH OF 7.95 FEET TO THE POINT OFT NCY OF SAID CURVE; THENCE N.85°45'04"W., A DISTANCE OF 126.92 FEET WTHEYOINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF`"7�56,F T, A CENTRAL, ANGLE OF 89°39'30", A CHORD BEARING OF S.49025'10"W. AIHORD LENGTH OF 10.57 FEET; THENCE ALONG THE ARC OF SAID CURVE; ARC LENGTH OF 11.74 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVEoT-O',THE RIGHT, HAVING: A RADIUS OF 411.87 FEET, A CENTRAL ANGLE OF 45046'69"LL;' CHORD BEARING OF S.27028'30"W. AND A CHORD LENGTH OF 320.33 FEET; E�ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 329.01 FEET TO THE PINT OF REVERSE QF. 7: 50 FEET, A CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADI .." -,,AND A CHORD CENTRAL ANGLE OF 89039'30", A CHORD BEARING OF S.05 349... LENGTH OF 10.57 FEET; THENCE ALONG THE ARC OF SAID CURVE; AN ARC LENGTH OF 11.74 FEET TO THE POINT OF TANGENCY I�IOT OF D CURVE, CURVATURE OF AE S.39°17'56"E., A DISTANCE OF 103,09 FEET TO CURVE TO THE RIGHT, HAVING: A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 114048'310, A CHORD BEARING OF S.18°06'19"W. AND A CHORD LENGTH OF 8.42 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 10.02 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 76.00 FEET, A CENTRAL ANGLE OF 137° 10'56", A CHORD BEARING OF 2 Packet Pg. 242 9.A.1.c OR, 2552 PG: 0032 S.06055'06"W, AND A CHORD LENGTH OF 141.51 FEET, THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 181.97 FEET TO THE END OF SAID CURVE; THENCE N.79°5222"W., A DISTANCE OF 0.48 FEET; THENCE S.69°04'42"W., A DISTANCE OF 306.20 FEET; THENCE S.76°52'57"W., A DISTANCE OF 10.97 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 11.33 ACRES, MORE OR LESS. BEARlNG$,)WFtR TO AN ASSUMED BEARING OF N.00°50'28"E. ALONG THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951, COLLIER COUNTY, FLORIDA. = 4 THIS PROPERTY IS JECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. STEPHEN E. BERRY, STA BBLS SURVEYORS & MA 9233RCEBSAM PROOFED 10121V99 SEB REVLWD 11r27198 A (L. S. #5296) B.#6753) 3 Packet Pg. 243 J U® Sat Op Y6, k4k •.�oaauuiu 45 U Q U Q 6 U Q rn Do N Q. ( Q N V n4 - ._. N v y. ,y 'C `h �: `� zk `R lti 4i 4i Lai L+i lij L..i 4i ti Qi Cv 6 rN I t��N C7 i x ; cq cq 11111 lam. SHEET 1.0 1 , �P.E. �J r P.O.O. C.E. /7 aa C. i .Sr.iiia � rx I � I rw I � u o r Of WARocs W GENERAL NOTES z vT Lf KAIt A ALr[n To AM ASAICS KARUC Q MSV'WnT, MDfi TW VEST t.U& Q TK E.ASTEILT JtKMT OF LUC Ut GOUTY alms w, ratan CULWT. VLMLB& It gina d S90Vr &IMM AK IN FEET wu wYEQ KCU�S TK. 31 TWS rfa"TT LS SURap To LAWKMTS, ALUAVATIMS, an AESTUICTOFS Q KCUM SM MO EYM i MAPPERS MNQ. isaM RAIL. HEAD LIL vC IAMLEEF FLORILTIA 3f f 10 (041)W7•ISI CL Q TO ACCOMPANY LEGAL DESCRfPTNN W FOREST GLEN OF MAPLES rmmmwnvATww,EASMOff e c .Wcnm $ M EAST le le N a a a Lo 11 2 4 a CURVY. TABLE �h a r / fi�WY -1 v N.X 21 p3p3p3p3p3gg) ��pp ejj.D• 15.{0 flail; 1290 x3gI��} W 1 1. is 19 74' ? 11 IjjY N. 1I'.S3d. j %• �g 91; N.G�y� f I pp gg7jC�''. r6, pp rl )I' N.W-•1�� b S?;f1 9 ? 2 NWI Y 4.4 1577 so ie+3 i Epp I�10 7• rsr?,• ,ssi ,z.900 tieDJ1 a 41 fEy 77.Qp 1 IDy r? f7• .?!; 170J' I.O t7 �• S? 09• 166 17, 34 5 Al 0;"'4 f 1 r pppp SS ♦ t 19 1 7 93' l79 I' N O9•S. b b 3 Y+ C.E.1 MATCHL.IN[ Sf._E SHEET 3 _ _ _ _ �. _ _ w-� MATCH-INE SE.E SHEET 2� 3 as N7t( ,1 4 b (Lcf) `� , W E a i��7 N � N y L�) 4 W i g lb /!k'i� \`"�, • �' «s —i'l' �ru� rro « �ls � �Y��' �'b' 9m, to SKi J 6` 6 .•p ` i� •R cs.I: � ti 2 N o n/� v NU II 011 SAd x W p r(J sm 0 0 O t t�p�[ h aJJ) I 7 L F' ^ o• O vl • ���9 1 , oln J 0 Itoto � Y —''— to 2 SECTION 2, I WIV IF' 505. RANEE 26 F. \ oh O ' i = v w } J� h� .xp- M • • .. v` i 3 2 `0 .ice +Npr� O O h LLJ u J Ins x 2 W W e O O a J u u a ` �_.a' �f % ♦h Q to t ►M1 O p y' /e OF SECTION ?, 0- v � 'R► SOUTH UNE OF THE SORANGE 26 EAST if 9 TOWNstilp 50 SOUTH, 1 ---1 y 12 1► " 5.9e't l SO 115� e� � SKs SURVEYORS s YAPPERS WC. SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOREST GLEN OF NAPLES ISO" RAIL HEAD SLVQ. CONSERYAWN EASEMENTWApL=! t FLORIDA ?dIVV (f4I) W-Ian SECTION 2, TOWNSHIP SO RANGE 26 EAST E 1 PFR c 9WY.. FL DA IW20'211r. 2"S 72' r? P a0 SOVRZ 44VW 2A 14) N a•ss a uu MATCIILIN£ SEE SfIEET 5 qua Tff Wi inlF SEE SHEET 4 THIS IS NOT A SURVEY ems su rayons a MMWRs WC ism" RAN. WAD BLVD. MQFM iLtx9<ADA MI 19 (WI) MT--131 CAST LAW Of rw SOUINwr 1/4 Clf SfC710N 2. IONMSNW SO SOUn4 RANCE 26 CASI I S.tW20'671Y 1"oy, 1 h W , 1 ' J 1w ' Lo � 2i=Nz2N � Uy yBOO zMaMt I U�C I I �� Z I U{22z22zvwi2�w� , - O �� O Vi (73 Z � I J, f Vq�b►•.+f�N J l) J I • A �r�1i16'Y�����fO�Oh I 1 TO ACCOMPANY LEGAL DESCRIP77ON FOREST GLEN OF NAPLES SECTWN 2 36 EAST 8 ; � .y ee � � p t l `i M/�6Y1+'S^^V�I�Yo�M1GM1a1�10'�1M1 J W W 35,35 2,2 SOfJlii MVHr Of' NAY LOW aF SrAn ROW 84 11 I 01 -. I LId7 r 5.49'N'�9T, M.00' 1 11si a' ) 4 � i101cN powm t UCNI A MCHW L45CWNt 2 x i WWW a#- .HQ AAafs t; -in k' ��. r`L�A�J' �wMn2ZZrt 222 w E __+2Nh2YYNxN22 �y I 2 7 1 ..: 1 � I I I SIIQT ! 1 � O � 1 Ia SECTION 2. TOWNSHIP 50S, RANGE 26 E. MATCHIINF SFF SHFFT 5 MATCfi 1NE SEE SHc ET J 1 Ic 8 is y W 0 ul W11 STATE ROAD 84 THIS IS NOT A SURVEY Mai SURMOM i HAP/M M- ETCH TO ACCOYPANV LEGAL DESCRfPTfON tSAM R" WAD K VD. RtA1i1DI JI1fOf�/11�7-}Sf FOREST GLEN OF rSECMNZr��I��Rf� � EAST I i o and soldeN 10 u010;s0.aOA - Z0£Z0000Z0Z-1d : UV17Z) 10MOBd dnN0e8 uoi;e3ilddv - 8 }jb :}uoLug3ej;d I I aSr L&f Of TW WRrW-ASr 1/4 Of 01 YCTKIN T, rOMMr9w SO &Wn4. RANGE ?t EAST cat 1 I I I g I � ` o N U n � tl ' N I L I W � I Nk t 1 I I a. I I, y ci 1 A 1 1 I ,I• I I I I J I I I rrI• I I I I I I 1W Sr i. I 1 1 0 k I I � � I I Fr(f 1 l 1 ! n I I O I i I � 1 P V11 Va/ 1 Wl .� aim"aim"W 4, 2 Io I" W " him �o u z i �- vw�l�a2tZ MA_TC_HI.INF SCE_SHrET 5 MATCHLINE SFF SHEET 4 1 1 I THIS IS NOT A SURVEY p�,� y y�ppfpg a1C KETCH TO ACCOMPANY LE(IAL DESCRIPTION ISWA RAIL WAD RLVD. FOREST GLEN OF MAPLES t 6AMJMRom" a j jg (sal w ,3j SECTM X TOICONWY IRMd0 I�E 26 EAST i I� W cnlU') WIW Lo i U,) 3 1 u 00 Iq N a a a t^, Cf 7 a W In ou P!C u m J ua O4 0 LAJ m -. 86 o�eiv zYZNvixNlnNlnzzvMnVl2 .�` & wAppRs we SKETCH TO ACCOMPANY LEGAL DESCRIPTK)N FOREST GLEN OF NAPLES = � IAWA NAM. WAD KM AflON t fi'LEX R 31 f 10 (11 f) lY7.131 SECTION Q2� E 16 EAST i nw t MR � FL A n v N 6 a a a i � •i^1^NOMY� �'�^�h^q_^' J ' i ZZ N 1+ Ma DURYEYOM & MAPPERS WC. ISM A NAM. HEAD BLM L4pLJM PLOMA 34110 f WI1 W71r 0 r 7 O X (r') (14) i � V n 0fY Y S� z a � 'c� 22=22Y22222Vw�2vwlN.n2222 2�n2 �aa�gax�aag� • N Q p � bb�ilrn�6h. V) O I9 � h^ ^� N W E f i q cct� SWRCT sum 3 I � _.; 5.lf 17 l7 s L" tY or �r u � \ soonH uN¢ or nsovn�rws►y ti 4 I \. or scC/A0N ? 64 166 SOUTH r,Nf 00' rw soln"w"r u u o i as' SECTION 2 KEY MAP SECTION 2, TOWNSHIP 50S, RAN CE 26 E. b MOT 70 SCAM[ CH TO ACCOMPANY LEGAL DESCRIPTION FQRE8T,GLiM Of �NAFIA lFs wk 26 EAST 0 Lo N a m U a and soldeN 10 u0l!D4s0a0=l - Z0£Z0000Z0Z-ld : Z4tibZ) 40310ed dnpe8 uoi4e0ilddV - 8 };d :;uoLug3e4jv r d� 22ZZ2z-2;t 22N22t22NN2 L-j I LAj W ' p{�yti�9� ♦6�F1Yf1I1^ f /��� d'1MIIMV�'NMO�inr l Lid YO! ^ fV1/ (n ! v V n` w I Lw IF= ii ziiisz COUNTY ROAD 951 00.0 stpnrrow & mmwm ft. IM A RAA. HFA0 BLVD. IAPLEK FL00WA 34110 (011) 07.IX 0 Po.c CE/3 Lc Sovn.4 r coRWR Qr S£cIKW 7 h i rNt �sr cawrR "= q O 3 Y 1 or r"t SOVrM1ESr x 1t d 1\4 OF 5rc Y� 2 d4' { �LLAs faul g gy; :Y n �� •.� 4 ono -�U I /I tws 7 u,vr f v t, wcu.n r � I (V co 1� le es 8� ^Ih J TO ACCOMPANY LEGAL DESCRIPTION I I eneCet 121 Cal rig MAPLES SECTION A 26 EAST i Nnr� N Lo N ch a m Y u m a and S91 dBN 10 u91!E) IsGJO=l - ZOEZ000OZOZ-1d Z�VVZ) M3ed dmpeg uoije3ijddV - El ;4v :4uqwq3ejjv L W-F 0 . a ALOVI.,7�,r,,,.''� N,00'4?'207. 424.42' wwri M01747101f FAST LhW Cf F P L LASEWAff SOVWASr C~ OF SfCrA?N 2 PO . C. P.O C. c". P.ac. c sov"cw ccomp I 14 of 5ccrKw 20 IV I 170' OW FP,L 81 WWW O.R. 830 M" 970 —j in I Ci ; , z to). 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TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT Forest Glen PUD Commercial Tract Amendment (Collier County, Florida) June 2, 2022 Revised July 25, 2022 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Major Study) Review Fee =$1, 500.00 Prepared by: JMB TRAN113PO 7TATION ENGINEERING, INC. 4711 7TH AVENUE 5W NAPLES, FLORIDA 341 1 9 CERTIFICATE OF AUTHORIZATION NO. 27930 tJMB PROJECT Nd_ 2131 1 1 3) JAM DocuSigned by: tta'.� 1�01144 19D679D23E47F... Ar3 . V $0) No, ; LU •' BANK5,�P. � a � Sr` REG. NC1. Packet Pg. 254 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c TABLE OF CONTENTS Conclusions 2 Methodology 3 a) Q Scope of Project 3 a Table A - Proposed Land Use Amendment 3 Q. Figure 1 - Location Map 3.1 z - MCP — Proposed Land Use Amendment 3.2 c as c� Project Generated Traffic 4 as `o U_ Table B - Approved Trips vs. Proposed Land Uses Trips 4 M N O Table 1 A - Approved Land Use Trips Computations 4.1 0 N O Table 1B - Proposed Land Uses Trips Computations 4.2 � a Existing + Committed Road Network 5 N Project Traffic Distribution 5 as Area of Significant Impact 5 a Figure 2 - Project Traffic Distribution 5.1 a m Table 2 - Area of Impact/Road Classification 5.2 c 2021 thru 2024 Project Build -out Traffic Conditions 6 Q a a Table 3 - 2021 & 2024 Link Volumes 6.1 m Table 4 - 2024 Link Volumes/Capacity Analysis 6.2 r Q Appendix 7 a� U a I Packet Pg. 255 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c Conclusions It was determined that the proposed amendment to the Forest Glen PUD's Commercial Tract will not result in more site -generated trips than the PUD's previously allowed trips cap. More specifically, the Collier County Planning Commission and the Board of County Commissioners established the Forest Glen Commercial Tract (9.6 +/- acres) entitlements as 100,000 s.£ of mixed -use commercial/retail land uses and it is estimated that the commercial trips cap is 389 net new PM peak hour two-way trips. It is proposed to amend the PUD to allow the development of other commercial uses, which include specialty trade contractor (flex space), warehousing, and business park land uses, and the total buildable floor space for the commercial tract will remain at 100,000 square feet. If the 9.6 +/- acre parcel is developed with the most -intense proposed land uses (i.e., specialty trade contractor), then that portion of the PUD's total site -generated trips will be 193 PM peak hour two-way trips, which will be substantially less than the allowed maximum trips cap. Based upon the findings of this report, it was determined that the approved and/or proposed land uses for Forest Glen PUD's Commercial Tract will not have a negative impact upon the surrounding road network. It was verified that all roadways, within the projeefs area of influence, currently have a surplus of capacity and can accommodate the traffic associated with the approved and/or proposed land uses. As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. Although the project does not significantly impact any roads or cause any roads to operate below the adopted LOS standard, the Developer will be required to pay for its portion of "consumed" capacity via payment of road impact fees. As set forth by Collier County's Impact Fee Ordinance, the fees are a pro rata assessment towards the funding of area -wide transportation improvements to support new growth. The amount of road impact fees paid per type of land use are determined via a "consumption -based impact fee approach", in which new development is charged based upon the proportion of vehicle - miles of travel (VMT) that each unit of new development is expected to consume of a lane mile of roadway network. The cost of consumed lane mile is based upon current roadway construction costs within Collier County. Therefore, the payment of road impact fees is the project's pro rata share of funding transportation improvements that are deemed necessary to support the demands generated by new growth. Site -Related Improvements The commercial tract of Forest Glen PUD has an approved point of access on Beck Boulevard that was established by the Collier County Planning Commission per PDI Resolution No. 01-21, dated September 7, 2001. The Developer has the option of pursuing an alternate and superior access location as may be approved by staff but is not obligated to do so. Site access improvements will be determined at the time of seeking final development permits. 2 Packet Pg. 256 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c Methodology On January 5, 2021, a Traffic Impact Statement (US) Methodology Report was submitted to the office of Collier County Transportation Planning Department (refer to pages MI thru M10). Changes to the US that are not reflected in the TIS Methodology are: 1. The use of the 2021 AUIR. 2. The use of ITE's Trip Generation Manual I Vh Edition and LUC 821 vs. LUC 820 for the approved commercial land uses. 3. The proposed alternate land use is no longer multi -family but is now warehousing, specialty contractor, business park, etc. 4. After further consideration of the type of land uses that are planned for the subject property, JMB concluded that the trip distribution needed to be adjusted to reflect a more localized origin and destination trip. Also, the revised trip distribution reflects a more conservative link -specific concurrency assessment of the project's impact on the adjacent arterials. Scope of Project Forest Glen PUD is an approved development that consists of 799 dwelling units with a golf course and other residential amenities and a 9.6 +/- acre commercial tract. To date, the residential land uses, golf course and other amenities are built out, but the approved 100,000 s.f. of nixed -use commercial remains undeveloped. Forest Glen PUD is located on the southeast comer of Beck Boulevard and Collier Boulevard within Collier County. The developed residential portion of the PUD has direct access to Collier Boulevard and Beck Boulevard, and the commercial tract has access only via Beck Boulevard. It is proposed to amend the PUD to allow 100,000 square feet of business park, warehousing, and specialty trade contractor (flex space) to be constructed on the PUD's commercial tract, which if developed, will displace the potential to develop the approved 100,000 s.f. of commercial retail land uses. Note, the maximum allowed floor space will not exceed 100,000 square feet. Table A Proposed Land Use Amendment for the 9.6 +/- Acre Commercial Tract Land Use Approved Proposed Warehousing, Specialty Trade Contractor, 0 100,000 s.f. Business Park, etc. Commercial Retail 100,000 s.f. No Change Packet Pg. 257 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c vI a 'Golden Gate Parkway 2 o�d m oI c 0 cn 1-75 r-- I r I Devonshire Blvd Radio Road // Davis Boulevard _ T _ y ' / Davis Boulevard 0 v �I m p I D7 I a m � � E IC 3 O U 0 n Rattlesno —__ Hammock —_— L__--------- — — — — — — — Forest Glen PUD Amendment June 2. 2022 NORTH N.T.S. to 1 LEGEND I FUNDED IMPROVEMENT J0 INTERSTATE HIGHWAY c a d 6—LANE ARTERAL 1-75 U 4-LANE ARTERAL/COLLECTOR 1 — -- -- _ _ 2IANE ARTERIAL I 2-LANE COLLECTOR/LOCAL — RAIL ROAD Project Location & Roadway Classificati6n FIGURE 1 Q 3. 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That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use codes Warehousing (LUC 150), Specialty Trade Contractor (LUC 180) and Business Park (LUC 770) were most appropriate for estimating trips associated with the proposed land uses and land use code Shopping Plaza Center (LUC 821) was most appropriate for the approved land uses. Note, the most -intense alternate land uses (specialty trade contractor) was used for the report's comparative trips evaluation. Table B Approved Land Use 'I'n s vs. Proposect Land Use Trt s PM Peak Hour Land Use I (vph) Approved Land Uses (100,000 Retail) Proposed Amendment Land Uses (100,000 Flex Space) 389 (see Table IA) 193 (see Table 1 B) As determined, the proposed amendment will not result in any additional "net new" PM peak hour trips above what was previously approved by the Collier County Planning Commission and Board of County Commissioners. More specifically, if the proposed amendment is approved and developed with the most -intense alternate land use (i.e., flex space), then the commercial tracVs total site -generated trips will not exceed the previously approved trips cap of 389 two-way PM peak hour trips. Furthermore, it is concluded that the project's potential PM peak hour off -site impacts will remain the same or will be less. 4 Packet Pg. 260 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c TABLE 1A TRIP GENERATION COMPUTATIONS Forest Glen Commercial Tract Amendment APPROVED LAND USES .and Use Code Land Use Description 821 Shopping Plaza (No Grocery Store) Land Use Code Trip Period LUC 821 Daily Traffic (ADT) _ No Store AM Peak Hour (vph) PM Peak Hour (vph) = Build Schedule 100,000 s.f. Trip Generation Equation (Based upon S.F.) T= 67.52(X) = T= 1.73(X) = 62% Enter/ 38% Exit = T=5.19(X) = 49% Enter/ 51% Exit = Pass -by Trips per ITE= Ln(T) =-0.29Ln(X)+ 5.00 = Per Collier County ADT = Pass -by = 15% ADT and 25% AM & PM Total Trips Trips Enter/Exit 6,752 ADT 173 vph 107 / 66 vph 519 vph 254 / 265 vph 39% 15% Daily Pass -by Rate 25% AM & PM Pass -by Rate Pass -by Daily Traffic (ADT) = 1,013 ADT Pass -by AM Peak Hour (vph) = 43 vph 22 / 21 vph Pass -by PM Peak Hour (vph) = 130 vph 65 / 65 vph New Daily Traffic (ADT) = 5,739 ADT New AM Peak Hour (vph) = 130 vph 86 / 44 vph New PM Peak Hour (vph) = 389 vph 189 / 200 vph +I Packet Pg. 261 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c TABLE 113 TRIP GENERATION COMPUTATIONS Foret Glen Commercial Tract Amendment PROPOSED LAND USES Land Use Code Land Use Description Build Schedule 150 Warehousing 100,000 s.f. 151 Mini -Warehouse 100,000 s.f. 180 Specialty Trade Contractor 100,000 s.f. 770 Business Park 100,000 s.f. Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total Trips Trips Enter/Exit LUC 150 Daily Traffic (ADT) = T = 1.58(X) f 38.29 = 196 ADT AM Peak Hour (vph) = T = 0.12(X) + 23.62 = 36 vph 2718 7-9 AM 77% Enter/23% Exit = PM Peak Hour (vph) = T = 0.12(X) + 26.48 = 38 vph 11 128 4-6 PM 2896 Enter/ 72% Exit = LUC 151 Daily Traffic (ADT) = T = 1.45(X) = 145 ADT AM Peak Hour (vph) = T = 0.09(X) = 9 vph 5 / 4 7-9 AM 59% Enter/ 41% Exit = PM Peak Hour (vph) = T = 0.15(X) = 15 vph 7 / 8 4-6 PM 47% Enter/S3% Exit = LUC 180 Daily Traffic (ADT) = T = 9.82(X) = 982 ADT AM Peak Hour (vph) = T = 1.66(X) = 166 vph 123 / 43 7-9 AM 74% Enter/ 26% Exit = PM Peak Hour (vph) = T = 1.93(X) = 193 vph 62 / 131 4-6 PM 32% Enter/ 68% Exit = LUC 770 Daily Traffic (ADT) = T= 10.62(X) + 715.61 = 1,778 ADT AM Peak Hour (vph) = Ln(T) = 0.94Ln(X)+0.59 = 137 vph 116 / 21 vph 7-9 AM 85% Enter/ 15% Exit = PM Peak Hour (vph) = Ln(T) = 0.88Ln(X)+0.93 = 146 vph 38 / 108 vph 26% Enter/ 74% Exit = Packet Pg. 262 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c Existing + Committed Road Network Figure 1 and Table 2 provide a detail of the surrounding E + C. roadways. Table 2 also depicts the nearby roadways respective minimum level of service performance standards and capacity. Beck Boulevard is a two-lane minor collector. Davis Boulevard (west of Collier Boulevard) is classified as a six -lane arterial and is under the jurisdiction of the Florida Department of Transportation. The road functions as a primary east/west interconnect between eastern terminus at its intersection with Collier Boulevard and its western terminus at its intersection with U.S. 41. Within proximity of the site, the posted speed limit of Davis Boulevard is 45 MPH. Collier Boulevard varies between a four -lane and a six -lane divided arterial. The road functions as a primary north/south corridor that extends between Imamokalee Road and Marco Island. Within proximity of the site, the posted speed limit of C.R. 951 is 45 MPH. Project Generated Traffic Distribution The project's traffic was distributed to the surrounding roadway network based upon logical means of ingress/egress, current and future traffic patterns in the area, location of surrounding businesses, competing businesses and residential areas. Figure 2 and Table 2 provide a detail of the traffic distributions based on a percentage of trips generated. Table 2 also depicts the traffic assignments to nearby links. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2 describes the project traffic distributions and the level of impact on the surrounding roadways. Roads that were identified as being within the project's area of impact are shown in Table 2. k, Packet Pg. 263 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c I / I � I ' Golden Gate Parkway `� 6I � I IO LI] Ir Ln� 1 NORTH 1-75 1 N.F.S. a1 Devonshire Blvd Radio Road 3�► 1-75 ��i-- / Davis Boulevard Beck Boulevard I I / U I ,/ 1 Davis Boulevard v I K c I a U � � o I w � I 4 Lit 6 U 6 I O O � m I L I [II � � I � Ln C Io U �I v Q �I LEGEND I Yh MI 0076 Project Traffic Distribution � �' 15� b ci R�ttl�sna Ha�m�ck Forest Glen PUD Amendment I Project -Generated FIGURE 2 June 2. 2022 Traffic Distribution ! , 1 Packet Pg. 264 R .220E 000woo O ZZZLU LL] Z �EZ¥ ¥g2 (n E m© \ CD g a)R@ \ a _ & w & w o k$/ y$ y y y y y m �a 7§§ LU LU e n e e z z LU z k ) ± \%\$\\ \ ƒ�\R4% 0 z § £ ' x R a z z z z m m 4 � (L � Q ����oo 7 t @& 000000 o o e w o Cl) 0 m C I » U- � �®«®® /G e7y73y y '\ cocoon LO R a CA M n n m m_ LU NLu 2 § �0Emoo � ■■ o 0 000000 0 0 0 0 0 0 0 0 U) mm moEeom (M M§ > m m qcv) m m m m w W . O k> 0ww 0Uj±w&± I � � A c 2 2\ O O o O Q O O c O O a c 2 J J c =&_= m& = Q j 3 / o ■ 3 2 2 ) d 5 G / g o d r m\ b / = 2 z . a FU m 3$ a\ L / j k \ k 0 G$ 2 f$ R k k } \ \ \ \ j ) \ / \ ks q N a m o o g o { k / ) a z 2 g > m - - c » � @ ƒ k ) / @ k G a,t 5 ; o ° a ch 0 e L 2 \ a \ a DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c 2021 thru 2024 Project Build -out Traffic Conditions In order to establish 2021 thru 2024 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction and annual growth rates were derived from the 2021 Collier County AUIR Report. Using the annual growth rate, the 2024 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2021 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The vested trips 'Y' 2024 background traffic volumes are depicted in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2024 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2021 thru 2024 traffic conditions and the roadways' level of service and remaining available capacity. As shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out. 6 Packet Pg. 266 Sigr - 11. —On=Mn Cron 1-1 nono onnr_nornnr r o and soldeN }o u810;soaod - ZO£ZOOOOZOZ-ld UtibZ) 40MOed dnjoe8 uoi;eoilddy - e;;y :;uowLjoe;;y ti N � a Y V f0 a m N C � 1 o C 0 N a Y 'CIO .! 7 N N N In N a m a 4 ro � l9 i � N CN•J M c'7 V ct fi W N T p a 0 0 �.2 W CO J fi N ca ❑ Y N N O � U � C7 Z J y o C 0 o C o C 0 C> 0 0 0 0 0 a J � �aow� z z z z z Qo a H � 5 O n ro L o o N N Q N N N 06 r CV m U - N� 0 a) F- o Y o m E �a @ . m Lj a m U cL c6 j m a C7 m m C m o m Q � 0 m c o '> w cn LC U r N N c3 0 0 0 Cfl CO N N C"1 V L17 � � o o ' po i OI m V jJ J m a x a L c 7 70 0 C%l� U m O ttir) N '� tp U 0 0 coa'7 a L Q O d a ! M m O � .Y N 7 y C 7 m d X a c l LU w L L d •ai x o -se d a t 0 z =o3 O Y L -. O a a 3 O e O O � x �, m LYomca a a m a a� w m o c C-4 = u p v ifl N 0 Q m Q m U J C � O � � o a w p U V w❑ C? O C? O O O 0 0 0 0 0 0 O q O O 0 O M O CD (D O N N cn M CO M M 4 O T Qlot DD � N N N N N N 0 (1} 0 0 z z z� z z 0 0 O C O C O O tO to to 1M to M Inrrii�iZ.T.� z z z z z z .— o2 t) r �iCZ) _ i- c0 h N N (V N N 0 O O 0 O 0 O o 0 (D _M to n0 tp CD NN N NO N N N c7 tCf O C0.2, U 00 N Cb a Y V m a DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c Appendix a 0 a E E a 0 a C. m z 4- 0 c as m L O U- N O M N O O O O N O N J d El CO r a E 2 a Packet Pg. 269 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB • 9.A.1.c PDI RESOLUTION NO. 01-21 RELATING TO PETITION NUMBER PDI-2001-AR- 949 FOR INSUBSTANTIAL CHANGES TO FOREST GLEN OF NAPLES PUD FOR PURPOSE OF REVISING THE MASTER PLAN TO REINSTATE ACCESS POINTS FOR THE COMMERCIAL TRACT ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 establishes regulations for the zoning of particular geographic divisions of the County, and WHEREAS, the Collier County Planning Commission is authorized by the Board of County Commissioners to grant insubstantial changes to PUDs in accordance with Subsection 2.7.3.5 of the Land Development Code of Collier County, and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby affected, has held public hearing after notice as in said regulations made and provided, and has considered the advisability of PDI-97-7, insubstantial changes as shown on the revised Naples PUD Master Plan for the Forest Glen of Napless (Exhibit "A"), Ordinance Number 99-69, for the property hereinafter described, and has found as a matter of fact that satisfactory provision and anangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.3.5 of the Collier County Land Development Code, and WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented, NOW THEREFORE, BE IT RESOLVED BY the Collier County Planning Commission of Collier County, Florida, that: The petition filed by Donald A. Pickworth, Esq. of Donald A. Pickworth, P-A., representing Naples Commercial, LLC, be and the same hereby is approved for making the noted minor design changes to the Forest Glen of Naples PUD having the effect of revising the Master Plan to reinstate access points for the commercial tract (Exhibit "A"). -I- Al Packet Pg. 270 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB ti BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PDI-2001-AR-949 be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this 7th day of September 2001. ATTEST: JO M. DUNNUCK, III Exa tive Secretary Community Development and Environmental Services Administrator Approved as to Fonn and Legal Sufficiency: 0 0 1• Mar oriv& Student Assistant County Attorney RWCW COLLIER COUNTY PLANNING COMMISSION COLLIE COUNTY, FLO BY: J JOY A J. RAUT10 CHARWAN -2 - A Z Packet Pg. 271 Sigr - 11. —On=Mn Cron 1-1 nono onnr_nornnr r o and soldeN }o u010;s0aod - ZO£ZOOOOZOZ-ld : UtibZ) 40Moed dnjoe8 uoi;eoilddy - e;;y :;uowLjoe;;y d (f W J CL z Q Q CL Li � a W Z E- W U) J W � i 0 U- rh W r ALI 0 n �7� ►b EXHIBIT "A" a N ti N a Y V m a DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES Traffic Impact Statement Methodology For Forest Glen PUD Commercial Tract Amendment (Collier County, Florida) January 5, 2021 County TIS Review Fees TIS Methodology Review Fee = S500.00 TIS (Major Study) Review Fee =$1,500.00 Prepared by: V MB TRANSPORTATION ENGINEERING, INC. 471 1 7TH AvENuE SW NAPLES, FLORIDA 341 1 9 CERTIFICATE OF AUTHORIZATION No. 27830 (PROJECT No. 2131 1 1 3) JAMS . BANKS, P.E. DATE FL13PIA REG. No. 43EISO 1 Packet Pg. 273 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c Scope of Project Forest Glen PUD is an approved development that consists of 799 dwelling units with a golf course and other residential amenities and a 9.6 +/- acre commercial tract. To date, the residential land uses, golf course and other amenities are built -out, but the approved100,000 s.f. of mixed -use commercial remains undeveloped. Forest Glen PUD is located on the southeast corner of Beck Boulevard and Collier Boulevard within Collier County. The developed portion of the PUD has direct access to Collier Boulevard and Beck Boulevard. The commercial tract has access only to Beck Boulevard. It is proposed to amend the PUD to allow 280 multi -family dwelling units to be constructed on the acre commercial tract, and if developed, will displace the potential to develop the approved 100,000 s.f. of commercial land uses. Table A Proposed Land Use Changes -- Commercial Tract Land Use Approved Proposed Net Change Multi -Family 0 d.u.'s 280 d.u.'s (+) 280 d.u.'s Commercial Retail 100,000 s.F. No Change No Change Packet Pg. 274 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c Project Generated Traffic Trips that can be expected to be generated by Forest Glen PUD's Commercial Tract for the "approved" and "proposed amendment " land uses were estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 10t' Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use codes Multi -Family (LUC 220) and Shopping Center (LUC 820) were most appropriate in estimating the proposed and the approved land uses, respectively Table B Approved Land Use Trips vs. Proposed Land Use Trips PM Peak Hour Land Use (vph) Approved Land Uses 408 (100,000 Retail) (.see Table IA) Proposed Amendment Land Uses 148 (280 Multi -family Units) (see Table IB) Net Change None As determined, the proposed amendment will not result in any additional "net new" PM peak hour trips above what was previously approved by the Collier County Planning Commission and Board of County Commissioners. More specifically, if the proposed amendment is approved and developed with 280 multi -family dwelling units, then 10- acre tract's total site -generated trips will not exceed the previously approved trips cap of 408 two-way PM peak hour trips. Furthermore, it is concluded that the project's potential PM peak hour off -site impacts will remain the same or will be less. Therefore, no further analysis is needed at this time. However, at the time of acquiring final development approval, an assessment of the project's off -site impacts will need to performed in order to ensure that any transportation -related deficiencies caused by the project are mitigated. 2 f1/�3 Packet Pg. 275 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c Project Generated Traffic Distribution The project's net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress, current and fixture traffic patterns in the area, nearby businesses and recreational features, as well as growth trends for the surrounding areas. Table 2 and Figure 2 provide a detail of the traffic distributions to the adjacent road network. Table 2 also depicts the project traffic distribution by volume. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2 describes the project traffic distributions and the level of impact on the surrounding roadways. Roads that were identified as being within the projects area impact are shown in Table 2. Packet Pg. 276 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c TABLE 1A TRIP GENERATION COMPUTATIONS Forest Glen PUD Amendment APPROVED LAND USES (9.6 +/- Acre Commercial Tract) Land Use Code Land Use Description 820 Shopping Center LUC 820 Daily Traffic (ADT) = AM Peak Hour (vph) _ PM Peak Hour (vph) = Pass -by Trips per Collier County = New Daily Traffic (ADT) = New AM Peak Hour (vph) = New PM Peak Hour (vph) = Build Schedule 100,000 s.f. Ln(T) = 0.68Ln(X)+5,57 = T = 0.5(X)+151.78= 62% Enter/ 38% Exit = Ln(T) = 0.74Ln(X)+2.89 = 48% Enter/ 52% Exit = (ADT) x (% of New Trips) (AM) x (% of New Trips) 62% Enter/ 38% Exit = (PM) x (% of New Trips) 6,012 ADT 202 vph 125 / 77 vph 543 vph 261 / 283 vph 25% Pass -by Rate 4,509 ADT 151 vph 94 / 58 vph 408 vph 196 / 212 vph Packet Pg. 277 1 :s DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c TABLE 1B TRIP GENERATION COMPUTATIONS Forest Glen PUD Amendment PROPOSED AMENDMENT (9.6 +/- Acre Commerical Tract) Land Use Code Land Use Description 220 Multi -Family Build Schedule 280 Units Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 220 Daily Traffic (ADT) = T = 7.56(X) - 40.86 = 2,076 ADT AM Peak Hour = Ln(T) = 0.95Ln(X)-0.51 = 127 vph 29 / 98 vph 23% Enter/ 77% Exit PM Peak Hour = Ln(T) = 0.89Ln(X)-0.02 = 148 vph 93 / 55 vph 63% Enter/ 37% Exit = M 6 Packet Pg. 278 DocuSign Envelope ID: B789EEE9-FF8A-4C36-93C3-8946A8F22CCB 9.A.1.c I r i a � Golden Gate Parkway of ml yl 1-75 r�- �- - , I Devonshire Blvd Radio Road /'� 3► Davis Boulevard r3 / I Davis Boulevard I I Q m G S `Q a � W N C a IU I T 6 Rottlesnalp Hammock Forest Glen PUD Amendment December 23, 2020 NORTH N.T.S. � I-75 O1 +■• D1 �1 LEGEND ate. Project Traffic Distribution Project -Generated FIGURE 2 Traffic Distribution M� Packet Pg. 279 \�2 $$2 P2 ®® m S m n e mI- D E 9 m » a k72 $ J7y 2 a m a & q �¢ 7§ b� z z z z J « R o e t c r z ) ± a a EL � � k 'I o#n a > LL 0 u#» y y y % 6 / 9 0 0 < � a e a o M 6 6 a # Cl) m � N � u E D R //E 20\\q %\R q a j0 L LU LU± 0 $ E 2 f O O O c ) � o OD m (0 LLJ I \k »{ a � _ "CL m - \ m co\ \ f f J G I / } z aLD k \ k \ e e I a � 2 » 7 7 ) m § \ k R m \ a u a &)r M w--- In- 070n=Mn CCOA .rm _�O m aAOCn nrrD o and soldBN 10 um§ ISOJO=l-Z CZOOOOZ Z d:ZLtlt Z 1031,ed d mjoee ugmml dV-8 jjV: mmLjoqjV C4 k IL \ IL 2 ■ . � � £ B 2 4 R 2 A m§ > a m I CD a- � a ± g - 7 E = Cl)R # > W \ m R q Q %}§ 0CD > e a co d � ƒ z J % a * y a a k § § § § � o W 2 \ z z z N R d S R@ p m J= m > R&& N e 06 (D N 0 2 \ g m A � � \ q § j £ § \ > / \ f f } k -2 � _ ❑ j 2 � $ 0 � \ 2 � k / Rm \ £ f/ m m U- fa o � � ; ❑ � CL ƒ 6. « = / o n 9 ƒ gCO CY) 9 e m \ _ m § 2 § o d a x $ a ) £ e a m \ > > r n \ 2 n d) § _ � § + k ) IL> § Q /\ J u z z z z R ± = � % > R « � 0 CL 2 > Q 0. � LU IL CL a » k Q § ■ LU > ) § f � � CL / z z z J m _� Q k ƒ ) o k m j 2 \ § ED ' § a. 2 cl a \ m LU c o Cl) q\ o o R S R M > § & & a Cl) a � CD ƒ @ In j 7 . / § ® 2 ƒ \ 2 r > 2 � = 3 j 2 � k 0 cc � f k ) \ a \ a § § \ \ M00 9.A.1.c COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: PETITION NUMBER ASSOCIATED WITH THE WAIVER: PL20200002302 (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Forest Glen PUD LOCATION: (Common Description) The subject property is located on the southeast corner of Collier Boulevard and Beck Boulevard. SUMMARY OF WAIVER REQUEST: The subject property is 9.64± acres and is currently undeveloped. The Archaeological Probability Map #5, shows the project is not located in an area that indicates areas of Historical/Archaeological probability or known sites. The project is located in Section 2, Township 50 S, Range 26 E on the south side of Beck Boulevard. (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the Community Development & Environmental Services Administrator County Manager or designee to waive the requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) Historic Preservation/Forms/rev. 06/05/08 Packet Pg. 283 9.A.1.c SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Naples Land, LLC Mailing Address: 7935 Airport Road N., Suite 210 Phone: (239) 216-5555 FAX: E-Mail: eisenberg I I &me. com B. Name of agent(s) for applicant, if any: D. Wayne Arnold, AICP Mailing Address: Q. Grady Minor and Associates, P.A., 3800 Via Del Rev, Bonita Florida 34134 Phone: 239.947.1144 FAX: 239.947.0375 E-Mail: wamold(d),gradyminor.com C. Name of owner(s) of property: Naples Land, LLC Mailing Address: 7935 Airport Road N., Suite 210 Phone: (239) 216-5555 FAX: E-Mail: eisenberg I I (d),me.com Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Not Applicable Plat Book Page Unit Tract Lot Section 02 Township 50S Range 26 E 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Historic Preservation/Forms/rev. 06/05/08 Packet Pg. 284 9.A.1.c Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions: Area: 419,918± square feet, or 9.64f acres Width along roadway: 577.30± feet (Beck Blvd) and 641± feet (Collier Blvd) Depth: 704f feet C. Present use of property: Undeveloped D. Present zoning classification: Forest Glen PUD (Commercial Tract) SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated. A. Waiver Request Justification. l . Interpretation of Aerial Photograph Photo shows property undeveloped 2. Historical Land Use Description: Undeveloped commercial 3. Land, cover, formation and vegetation description: The site contains vegetation and is undeveloped. 4. Other: B. The County Manager or designee may deny a waiver, grant the waiver, or grant the waiver with conditions. He shall be authorized to require examination of the site by an accredited archaeologist where deemed appropriate. The applicant shall bear the cost of such evaluation by an independent accredited archaeologist. The decision of the County Manager or designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the County Manager or designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board Historic Preservation/Forms/rev. 06/05/08 Packet Pg. 285 9.A.1.c regarding a waiver request may appeal that decision to the Board of County Commissioners. SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 t/2" x 14") folder. <,-D- ('�-) Signature of Applicant or Agent D. Wayne Arnold, AICP Printed Name of Applicant or Agent -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION - SECTION FIVE: NOTICE OF DECISION The County Manager or designee has made the following determination: ❑ Approved on: I0 ❑ Approved with Conditions on: By: (see attached) 01 Denied on: _ (see attached) LIN Historic Preservation/Forms/rev. 06/05/08 4 Packet Pg. 286 Forest Glen PUD Amendment Location Map 9.A.1.c W E S grad I��ino 775 387.5 0 775 Feet igponem•Lilm eyors ►Pi nneIr& 0 ,r,udscap Nchitee Packet Pg. 287 Collier County Property Appraiser Property Summary Site Site Zone Parcel No 00398880204 Address Site City NAPLES *Note 34114 *Disclaimer Name / Address INAPLES LAND LLC 17935 AIRPORT RD N STE 210 Citv I NAPLES I State I FL I Zia 134109 A Map No. Strap No. Section Township Range Acres *Estimated w 51302 000100 005 05B02 2 50 26 9.69 on 2 50 26 COM AT SE CNR OF SE1/4 OF SEC 2, S88DEG 17'50"W 5234. 70FT, NODEa 50'28"E 3763.90FT, N04DEG 2'55"E 828.58FT TO POB S89DEG 9'31 "E Legal 572.21 FT,N59DEG 24'46"E 31.38FT, S89DEG 9'31 "E 136.39FT,N 704.63FT, S79DEG 25 '06"W 577.30FT, S37DEG 08'18"W 229.26FT, SO4DEG 2'55"W 422.47 FT TO POB; LESS THAT PORTION DESC IN OR 5735 PG 2316; 2 U. Milla a Area a 39 Milla a Rates 9 *Calculations N Sub./Condo 100 - ACREAGE HEADER School Other Total N Use Code 9 10 - VACANT COMMERCIAL 5.016 1 6.2924 11.3084 0 Latest Sales History (Nnt all Salac ara lictari riva to Cnnfiriantialitvl Date Book -Page Amount 07/12/16 5295-534 $ 5,264,900 01/08/03 3194-2968 $ 3,200,000 12/07/98 2488-1707 $ 0 2020 Certified Tax Roll Land Value $ 3,167,4 N +) Improved Value $ le (_) Market Value $ 3,167,4 (_) Assessed Value $ 3,167,4 (_) School Taxable Value $ 3,167,4 a Taxable Value If all Values shown above equal 0 this parcel was created after the m Final Tax Roll c 0 M Q a Q m Q Packet Pg. 288 Collier County Property Appraiser Property Aerial Site Address Site Zone arcel No 00398880204 *Disclaimer Site City FNAPLES *Note 34114 Open GIS in a New Window with More Features. Packet Pg. 289 9.A.1.c .�$triet School � � o ollier Cou��� Collier County School District School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of the applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation/information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Please check [�] type of application request (one only): QSchool Capacity Review ❑ Exemption Letter F-�Concurrency Determination 0 Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: Forest Glen of Naples PUD Project Information: Municipality: collier county Parcel ID#: (attach separate sheet for multiple parcels): 00398880204 Location/Address of subject property: Southeast quadrant of Collier Boulevard and Beck Boulevard Closest Major Intersection: Collier Boulevard and Beck Boulevard II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): Naples Land LLc Agent/Contact Person: D. Wayne Arnold, AICP (Attach location map) (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: Q. Grady Minor & Associates, P.A., 3800 Via Del Rey, Naples, FL 34134 Telephone#: 239-947-1144 I hereby certify the statements herewith are true and correct to Owner or Authorized Agent Signature Fax: Email warnold@gradyminor.com information contained in this application with any attachments submitted : of my knowledge. III. Development Information January 12, 2021 Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: Commercial Proposed Land Use Designation: Mixed Use Current Zoning: Forest Glen Of Naples PUD Proposed Zoning: Forest Glen of Naples PUD Project Acreage: Unit Type: SF IMF MH C G Total Units Currently Allowed by Type: 14.46 14.46 Total Units Proposed by Type: 0 280 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: a) Y V ns a a Y U as m c O R .Q a a m a E U 2 r a Packet Pg. 290 and seldeN 10 UGID Isaaod - ZO£ZOOOOZOZ-ld : ZMZ) ;aMoed dnl3e8 uoijeoijddV - 8 jjV :juowLj3ejjv N U f6 t Q N O 4— U U O L C O C cu U Q Q Q N i Q E 0 O N a� a� U) L O U 0 i W a W 0 N O N O N O N M ti i/•� N p V') N N O N s. H � w w x c N N 6 a Y V m a 9.A.1.c Types of Reviews: School Impact Analysis: This review should be divided into two categories: - School Capacity Review (land use and rezonings), and; - Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a review of the impact of the development on school capacity and is considered long range planning. This may be a review resulting in mitigation being required. In situations where the applicant may be required to mitigate, capacity may be reserved dependent on the type of mitigation. Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact, a letter of no impact will be prepared for the applicant upon request. Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or residential site plans or plats or amendments to site plans or plats that generate less than one student; or are authorized as a Development of Regional Impact (Chapter 380, F.S.) as of July 1, 2005. Concurrency Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. An amendment could result in a negotiation period and/or a mitigation agreement being issued or a previously approved determination being modified and reissued. Packet Pg. 292 PDI RESOLUTION NO.01-21 RELATING TO PETITION NUMBER PDI-2001-AR- 949 FOR INSUBSTANTIAL CHANGES TO FOREST GLEN OF NAPLES PUD FOR PURPOSE OF REVISING THE MASTER PLAN TO REINSTATE ACCESS POINTS FOR THE COMMERCIAL TRACT ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 establishes regulations for the zoning of particular geographic divisions of the County, and WHEREAS, the Collier County Planning Commission is authorized by the Board of County Commissioners to grant insubstantial changes to PUDs in accordance with Subsection 2.7.3.5 of the Land Development Code of Collier County, and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby affected, has held public hearing after notice as in said regulations made and provided, and has considered the advisability of PDI-97-7, insubstantial changes as shown on the revised Naples PUD Master Plan for the Forest Glen of Naples (Exhibit "A"), Ordinance Number 99-69, for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.3.5 of the Collier County Land Development Code, and WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented, NOW THEREFORE, BE IT RESOLVED BY the Collier County Planning Commission of Collier County, Florida, that: The petition filed by Donald A. Pickworth, Esq. of Donald A. Pickworth, P.A., representing Naples Commercial, LLC, be and the same hereby is approved for making the noted minor design changes to the Forest Glen of Naples PUD having the effect of revising the Master Plan to reinstate access points for the commercial tract (Exhibit "A"). a -1- Packet Pg. 293 9.A.1.c BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PDI-2001-AR-949 be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this 7th day of September , 2001. ATTEST: JOI M. DUNNUCK, III Exe6 ative Secretary Community Development and Environmental Services Administrator Approved as to Form and Legal Sufficiency: A A,�-� Marjo�ri✓I. Student Assistant County Attorney COLLIER COUNTY PLANNING COMMISSION COLLIE COUNTY, FLORI BY: v G. JOYCE A J. RAUTIO CHAIRMAN Q _2_ Packet Pg. 294 and saideN }o uGPD Isaaod - ZO£ZOOOOZOZ-ld : ZWtitiZ) 10Moed dnMoe8 uoi;eoilddv - 8;;'y :JuawLjoepv W 1 CL Z Q Q Z ow Z I-- W U) J Q a O oN .�s�ass z w " G� kn F v� Vkr,W _ EXHIBIT "All i Cy Q LO aw N 6 a w a� a 9.A.1.c m ORDINANCE 99- 6 9 ►d AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 060102 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS FOREST GLEN OF NAPLES PUD, FOR PROPERTY LOCATED ON THE SOUTHEAST QUADRANT OF CR-951 AND DAVIS BOULEVARD (SR-84) IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 635± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-39, AS AMENDED, THE FORMER FOREST GLEN OF NAPLES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of Project Management Services of Naples, Inc., representing Ronto Golf Estates, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; The Zoning Classification of the herein described real property located in Section 2, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 060102, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98-39, as amended, known as the Forest Glen of Naples P � ,ado' e an May 26, 1998 by the Board of County Commissioners of Collier County, is hereby ealo irt,ft entirety. v rn This Ordinance shall become effective upon filing with the Department of State. -1- Packet Pg. 296 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 11aU day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk S Attest..&$, to ma to 'Approveid as to Form and Legal Sufficiency ?bf, A -A,; , - ?h - �10_r4� Ma�rie M. Student Assistant County Attorney ORDINANCE/PUD-88-06(2) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PKMELA S. MAC'KIE, CHA�kWOMAN This rwfirinnr, V Iq �y iy �,;;k N -2- Packet Pg. 297 FOREST GLEN OF NAPLES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING FOREST GLEN OF NAPLES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Ronto Golf Estates, Inc. 3185 Horseshoe Drive S. Naples, FL 34104 PREPARED BY: PMS, INC. OF NAPLES 2335 TAMIAMI TRAIL NORTH SUITE 408 NAPLES, FL. 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL RECEIVED ii 0 4 --------------- P11D88-06C2, I EXHIBIT "A" Packet Pg. 298 INDEX PAGE List of Exhibits and Tables ii Statement of Compliance iii SECTION I Property Ownership, Legal Description and Short Title 1.1 SECTION II Project Development 2.1 SECTION III Residential Development Areas 3.1 SECTION IV Golf Course / Open Space 4.1 SECTION V Preserve District 5.1 SECTION VI Commercial District 6.1 SECTION VII General Development Commitments 7.1 fl Packet Pg. 299 9.A.1.c EXHIBIT "A" TABLE TABLE H LIST OF EXHIBITS AND TABLES Planned Unit Development Master Plan Land Use Summary Development Standards Q 0 a c m E E a 0 a N N a cu z w 0 _ a� 0 N N O LL N O M N O O O O N O N J a N_ V V N N Y U R IL a Y V R m _ O I V Q Q Q m a C O E L U R Q in Packet Pg. 300 9.A.1.c STATEMENT OF COMPLIANCE The development of approximately 635 acres of property in Collier County as a Planned Unit Development to be known as Forest Glen of Naples PUD will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan. Forest Glen of Naples is a mixed commercial residential golf course community with associated recreational uses and will be consistent with the applicable elements of the Collier Growth Management Plan for the following reasons: 1. The property includes the entire southeast quadrant of the C.R. 951 and Davis Boulevard (S.R. 84) Interchange Activity Center, which accommodates the planned ten (10) acres of commercial land uses. The remaining six hundred and twenty-five (625) acres of project area within Section 2, Township 50 South, Range 26 East, lies within the Urban Residential Fringe Subdistrict, which makes these lands eligible for a 1.5 unit per acre density, or 938 units. This residential development density eligibility is substantially greater than the planned 799 units or 1.26 units per acre. 2. The ten (10) acres of project area which lie within the Interchange Activity Center are planned for mixed commercial, retail, transient lodging and professional offices, as indicated to be appropriate by the Future Land Use Element. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 4. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 6. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3. LH and 3. LL of the Future Land Use Element. 7. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 8. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. in Packet Pg. 301 9.A.1.c SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of FOREST GLEN OF NAPLES. 1.2 LEGAL DESCRIPTION All of Section 2, Township 50 South, Range 26 East, less the property previously condemned or conveyed for right-of-way located in Collier County, Florida consisting of approximately 635 acres. 1.3 PROPERTY OWNERSHIP The subject property is owned by Ronto Golf Estates, Inc. , 3185 S. Horseshoe Drive, Naples, Florida 34104. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is bordered on the west by C.R. 951, on the north by S.R. 84, on the east by Toll Plaza RV Resort PUD and on the south by undeveloped agricultural land. B. The zoning classification of the project prior to approval of this PUD document was "Planned Unit Development". 1.5 PHYSICAL DESCRIPTION A. The project lies within South Florida Water Management District No. 6. Drainage from the property will discharge into Henderson Creek via the C.R. 951 Canal. B. Water Management for the project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to help restore historic water retention and preserve areas. C. Elevations within the project site range from 8.8 to 11.0 feet above mean sea level. Most of the area, however, falls within the 9.7 to 10.9 feet of elevation category. The entirety of the site lies within Flood Zone "X" according to Firm Map #120067 0425 D dated June 3, 1986. D. Soil types within the project include Keri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. 1.1 Packet Pg. 302 1.6 PROJECT DESCRIPTION The Forest Glen of Naples PUD is a mixed use commercial, residential and golf course community with a maximum of 799 dwelling units and 10 acres of commercial. Recreational facilities including a golf course and clubhouse will be provided in conjunction with the dwelling units. Commercial, Residential and Recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "FOREST GLEN OF NAPLES PLANNED UNIT DEVELOPMENT ORDINANCE". 1.2 Packet Pg. 303 9.A.1.c SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Development of Forest Glen of Naples shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Forest Glen of Naples PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.1 Packet Pg. 304 9.A.1.c 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. B. The final size of the recreation and open space lands will depend on the actual requirements for water management, golf course layout, roadway pattern, and dwelling unit size and configuration. FOREST GLEN OF NAPLES LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s / Square Footage ACRES Commercial "C" 100,000 10± Residential "R" 799 170 ± Golf Course 70+ Open Space N/A 385 t (Lakes, Landscape Buffers, Preserve & Recreational areas) Total 635 acres 2A RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. 2.2 Packet Pg. 305 9.A.1.c C. The provisions of Division 3.3 of the Collier County and Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provide in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public, private, easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. 2.5 MODEL HOMES / SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Forest Glen of Naples PUD subject to the requirements of Section 2.6.33.4 of the Collier County Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association, The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County developments approval. For those areas not maintained by the Master Association, the Developer has created Property Owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the Property Owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving Forest Glen of Naples PUD, together with any applicable permits from Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 Packet Pg. 306 9.A.1.c 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.2.3. The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Forest Glen of Naples Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of Forest Glen of Naples PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 2.4 Packet Pg. 307 _ B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: l . Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines - One half (1/2) the height of the structure, minimum of twenty feet (20'). 3. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Sidewalks, bikepaths, and cartpaths may be placed within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 375 acres included in the Recreation, Golf Course, Landscape/Open Space, Lakes and Preserve District designations. These areas fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be in conformance with Section 2.4.4 of the Land Development Code. 1. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2.5 Packet Pg. 308 9.A.1.c Ground cover on the side of be berm shall form a dense attractive mat, and shall not require mowing. Trees shall be a minimum of 75% native species. Shrubs shall be a minimum of 35% native species. Q G D a d E r d E a 0 D a N G1 a M z w 0 c _m C9 N G1 L LL LL N Q 2.6 Packet Pg. 309 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A", the PUD Master Plan as "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 799. The subject property contains a gross acreage of 635 acres and base density of 1.26 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling unit types, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. Principal Uses 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multiple -family dwellings. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. 7. Fire Station Front yard - minimum 20' 3.1 Packet Pg. 310 9.A.1.c Side yard - minimum 5' Front yard - minimum 20' B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Guest houses, pursuant to Section 2.6.14 of the Collier County Land Development Code. 3.: Common area recreational and utilitarian facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table 11 sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1-5 apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Forest Glen of Naples PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table H shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. Off street parking required for multi -family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. F. Single-family patio and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table II. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein. G. Housing structure types including lot orientation for single-family detached housing such as zero lot line versus non -zero lot line orientations may not be mixed. 3.2 Packet Pg. 311 9.A.1.c TABLE H FOREST GLEN OF NAPLES COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND STANDARDS SINGLE FAMILY DETACHED PATIO & ZERO LOT LINE TWO FAMILY AND DUPLEX SINGLE FAMILY ATTACHED AND TOWNHOUSE MULTI - FAMILY DWELLINGS Category 1 2 3 4 5 Minimum Lot Area 6,500 SF 5,000 SF 3,500 SF 5,000 SF 1 Ac Minimum Lot Width *5 50' 40' 35'*4 40' 100, Minimum Lot Depth 100' 100, 100, 100, 100, Front Yard 20' *3 20' *3 20' *3 20' *3 20'*3 Side Yard 5 0 or 5' *6 0 or 5' 0 or 5 15' Rear Yard 15' 15' 15' 15' 15' Rear Yard *1 5' 5' 5' 5' 5' Rear Yard Accessory 10, 10, 10, 10, 15, Maximum Building Height *2 35 feet 35 feet 35 feet 35 feet 50 feet '' Distance Between Principal Structures and Accessory Structures 10, 0 or 10' 0 or 10' 0 or 10' 20' Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 850 SF 750 SF AB distances are In feet unless otherwise noted *1- Rear yards for principal and accessory structures on lots and tracts whkb abut golf course, lake, open space, or preserve areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is Incorporated Into design and subject to written approval from Project Plan Review. Front yards shall be measured as follows: A. If the pared It served by a public right-of-way, setback Is wanted from the aq jaant right•oFway tins. B. If the parcel is served by a private road, setback Is measured from the back of curb (if curbed) or edge of pavement (If not curbed). *2 - Building height shall be the vertical distance measured from the first habitable flabhed floor elevation to the uppermost finished cofiing elevation of the structure. *3. Single4amay & Multi-famfiy dwelling units which provide for 2 parking spaces within an andased gangs per unit and provide for goat parking other than In private driveways may reduce the front yard requirement to 15' for the garage. 04 - Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 S.F. *S - Mialmum Id width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement Is maintained. *6 - Zero feet (01 or a minimum of five feet IS') on either side except that where the zero feet (01) yard option Is utilized, the opposite side of the structure shall have a ten foot (10') yard. Zero feet (0') yards may be used on both sides of a structure provided that the opposite tea foot (101) yard is provided, except that wherever a zero (0) sideyard is established an overall plan of all the lots In the plat showing building envelopes for all of the lots shall be submitted to the Customer Services Department to ensure that a spacing of ten feel (10') between structures Is maintained. *7 - Building setbacks for structures over 35 feet In height shall be 100 feel from any perimeter boundary. 3.3 Packet Pg. 312 SECTION IV GOLF COURSE, OPEN SPACE 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course Open Space tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilties and pump buildings, utility and maintenance staff offices. 5. Public administrative facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.1 Packet Pg. 313 9.A.1.c B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this district. 2. Pro -shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 3. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 43 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course / Open Space District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential tracts. B. Accessory structures shall be set back a minimum of ten feet (10') from Golf Course / Open Space District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures — 2 stories or Thirty feet (30'). 2. Accessory Structures — 1 story or Fifteen feet (15'). E. Minimum distance between principal structures - Ten feet (10'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. 4.2 Packet Pg. 314 H. Parking for the community center/clubhouse shall be three spaces per every one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking. I. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4.3 Packet Pg. 315 SECTION V PRESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Forest Glen of Naples Community designated on the Master Plan as Preserve District. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Forest Glen of Naples Community residents. 53 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to Regional, State and Federal permits when required; A. Principal Uses 1. Parks, passive recreational areas, boardwalks. 2. Biking, hiking, and nature trails. 3. Golf cart and Equestrian paths. 4. Wildlife sanctuary. 5. Pathways and or bridges, subject to appropriate approvals by permitting agencies. 6. Recreational shelters and restrooms, in Preserve upland areas. 7. Drainage, water management, and utilitarian facilities, subject to all needed permits. 8. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 5.1 Packet Pg. 316 9.A.1.c 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County Land Development Code. Rear yards for principal and accessory structures on lots and tracts which abut a golf course, lake, non jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall be incorporated in to design. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Forest Glen of Naples Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any. applicable permit granted by other agencies. The developer, its successor(s) or assigns, the Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve District. 5.2 Packet Pg. 317 SECTION VI COMMERCIAL DISTRICT 6.1 PURPOSE The purpose in this Section is to identify the commercial uses and development standards applicable to tracts designated on Exhibit "A" as Commercial. 6.2 USES PERMITTED The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses. 1. Unless otherwise provided for in this Section, all permitted uses of the C-2 Commercial Convenience District, Section 2.2.13 of the Collier County Land Development Code. 2. Apparel and Accessory Stores (groups 5611-5699). 3. Auto and Home Supply Stores (5531). 4. Business Services (groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 5. Eating Places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to locational requirements of Sec. 2.6.10). 6. Depository Institutions (groups 6011-6099). 7. Drinking Places (5813 excluding bottle clubs). All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of Sec. 2.6.10). 8. Food Stores (groups 5411-5499 except no roadside sales). 9. Depository Institutions [groups 6021 - 6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 10. Gasoline Service Stations (group 5541), as described in Section 2.6.28 of the Collier County Land Development Code. 11. General Merchandise Stores (groups 5311-5399). I 6.1 Packet Pg. 318 6.3 l 12. Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26 of the Collier County Land Development Code. 13. Home Furniture, Furnishing, and Equipment Stores (groups 5712-5736). 14. Health Services (groups 8011- 8049, 8082). 15. Hotels and Motels (group 7011). 16. Insurance Agents, Brokers, and Services (group 6411). 17. Legal Services (group 8111). 18. Membership Organizations (groups 8611-8699). 19. Miscellaneous Repair Services (groups 7629-7631). 20. Miscellaneous Retail (groups 5912-5932 except pawnshops and all uses dealing with secondhand merchandise, 5941-5999). 21. Motion Picture Theaters, except drive-in (7832). 22. Paint, Glass, and Wallpaper Stores (5231). 23. Personal Services (group 7212 Dry cleaning and laundry pickup stations only, 7215, 7217, 7219 - 7261 except crematories, 7291). 24. Professional Offices, Medical Offices, and Management Consulting Services (group 8711 - 8748). 25. Public Administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 26. Real Estate Agents and Managers (group 6531). 27. Travel Agencies (group 4724). 28. United States Postal Service (4311 except major distribution centers) 29. Veterinary Services (groups 0742, excluding outside kenneling). 30. Video Tape Rental (7841). 31. Any other general commercial use which is comparable in nature with the foregoing uses. PERMITTED ACCESSORY USES IN STRUCTURES A. Accessory uses and structures customarily associated with the uses permitted in this District. 6.2 Packet Pg. 319 9.A.1.c B. Essential services and facilities. 6.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of fifty feet (50') from Golf Course \ Open Space, Residential PUD boundaries, private and public roads. B. Accessory structures shall set back a minimum of ten feet (10') from Golf Course\ Open Space boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts and public roads. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare and unreasonable interference. D. Maximum height of structures - Fifty feet (50'). E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures - None, or a minimum of ten feet (10') with unobstructed passage from front to rear yard. G. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None, required. J. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated required yards, heights, and floor area standards apply to principal structures. K. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be - architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors except for decorative trim. All roofs must be tile or metal and shall be lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 6.3 Packet Pg. 320 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 7.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulation applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is bound by the commitments within this agreement. 7.3 PUD MASTER PLAN A. Exhibit "A", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. C. The following shall be considered minor changes and refinements, subject to the limitations of PUD Section 7.3A: 1. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 7.1 Packet Pg. 321 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features. 4. Internal realignment of rights -of -way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 7.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Forest Glen of Naples project is contemplated in calendar year 1998 with completion of the golf course and project infrastructure anticipated to occur in calendar year 1998/1999. Marketing of commercial and residential sites and golf course memberships begin in calendar year 1998, and is expected to be concluded in calendar year 2008. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 7.5 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium association, homeowners associations, or community recreation / public buildings / public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. 7.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTTTUTIONS A. Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17 of the LDC. B. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: 1. Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de-sacs are required to have a minimum of forty feet (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 7.2 Packet Pg. 322 9.A.1.c 3. All other local streets are required to have a minimum forty feet (40') right-of-way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 4. Cul-de-sacs may exceed a length of one thousand feet (1000') per Subsection 3.2.8.4.16.6 of the Land Development Code. 5. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. 6. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. LDC Subsection 3.2.8.3.19: The standard that street name markers shall be approved by the Development Services Director and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. 8. LDC Subsection 3.2.8.4.16.8: The minimum back of curb radii for internal roads shall be 30 ft. with the exception of both entrance road intersections which shall be 40 ft. 7.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. The Developer shall provide, consistent with Ordinance 82-91, left and right turn lanes on C.R. 951 and S.R. 84 at all project entrances to residential areas prior to the issuance of any certificate of occupancy. The Developer shall provide turn lanes and a median opening at approximately one-half mile south of the intersection of C.R. 951 and S.R. 84 prior to the issuance of any certificate of occupancy. Access to the commercial parcel via old S.R. 84 shall incorporate turn lanes for both eastbound and westbound movements along with collector road improvements to S.R. 84 between the access point and C.R. 951. The collector road improvements which may be necessary include mad widening and application of asphalt friction surface. The Developer shall bear the cost of needed C.R. 951 intersection modifications on a fair share basis. All such improvements to old S.R. 84 shall be on a fair share basis with the Developer of the Toll Gate Commercial PUD. B. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at project accesses when deemed warranted by the County Engineer. The signals shall be owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all project accesses prior to the issuance of any certificate of occupancy for a building accessed from a project entrance. 7.3 Packet Pg. 323 9.A.1.c C. Since future six laning is projected for C.R. 951, and since such road improvements may require relocation of the existing canal to the east, an additional drainage easement may be necessary to be dedicated to the County along C.R. 951 with a maximum width of up to 50 feet (50') based on actual or conceptual road plans. The dedication of easement to the County will be of no additional cost to the County. Use of the drainage easement can be shared for both on -site water management and future road drainage when deemed necessary by Collier County. 7.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on -site water distribution system serving the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the Developer during the design phase of the project. D. A water distribution system shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights -of -way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, his assigns or successors. B. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. F. The developer shall, at his cost, extend the 12" force main which presently terminates at Naples Heritage to a point just South of SR 84. Said main shall be capped. 7.4 Packet Pg. 324 9.A.1.c G. A sewer distribution system shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights -of -way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, his assigns or successors. H. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. 7.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with 3.2.8.4.7.3 of the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. r 7.5 Packet Pg. 325 7.10 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Planning Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Director. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code, including those set forth in Division Three (3). C. The developer, and all successors in interest to the developer, are hereby placed on notice that they shall be required to satisfy the requirements of all County development ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 7.11 WATER MANAGEMENT A. Detailed paving, grading and site drainage plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted. by Planning Services Director. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. Landscaping shall not be placed within the water management areas unless specifically permitted by the Collier County Land Development Code. D. An excavation permit shall be required for the proposed lake in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. 7.12 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 7.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractor's f 7.6 Packet Pg. 326 storage and office facilities and the like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 7.14 SIGNS 1. General A. All county sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. B. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. C. Should any of the signs be requested to be placed within the public right-of-way, a right-of-way permit must be applied for and approved. D. All signs shall be located so as not to cause sight distance problems. 2. Entrance Signs A. Two (2) signs with a maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance of the development. B. Entrance signs shall not exceed a height of fifteen (15) feet above the finished ground level of the sign site. C. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. A. Project signs, designed to promote Forest Glen of Naples project, or any major use within the project shall be permitted along the east side of CR 951, the south side of 9R 84 and on all land tracts within Forest Glen of Naples limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along SR 84 frontage and two (2) shall be located along CR 951 frontage. The location of such signs shall generally be limited to a one-half mile spacing requirement unless existing vegetation requires a somewhat closer spacing t 10%. I 7.7 Packet Pg. 327 3) Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. 7.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 7.16 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off -site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of said Division 3.5 are applicable. I 7.8 Packet Pg. 328 n ;uawpuawy and saideN 10 uOID Isaao j - ZO£ZOOOOZOZId : UM) 3a313ed dnpe8 uoi;eoilddv - g UV :;uawyaeu�y _-4 M r IF • �i 0 STATE OF FLORIDA) m z w COUNTY OF COLLIER) 00 a� I, DWIGHT E. BROCK, Clerk of Courts in and for the Twento.�h r 'O LL Judicial Circuit, Collier County, Florida, do hereby certify tt r-' tK� foregoing is a true copy of: c"„- y N c+� _ -0 1 0�S o ORDINANCE NO. 99-69 N J r, a Which was adopted by the Board of County commissioners on t 'w N 12`h. day of October. 1999, during Regular Session. v a) Y WITNESS my hand and the official seal of the Board of County a Commissioners of Collier County, Florida, this 13th day of October, Y U m 1999. m c 0 Q Q Q DWIGHT E. BROCK yN .."„. m Clerk of Courts and Clerk Ex-officio to Board of County Commissioners c r QX��� By: Arlene J. Baker, Deputy Clerk ,'�t11,4rzs.,t Packet Pg. 330 9.A.1.c AFFIDAVIT OF COMPLIANCE Petition PL20200002303 Forest Glen Small Scale Amendment GMPA and PL20190002302 Forest Glen of Naples PUD Amendment I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. e 1 0 L4il� Shar-o-n-TJmpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this May 3, 2021 by Sharon Umpenhour as Senior Planning Technician, who is personally known to me. (Signature of Notary Public) Carin J. Dwyer _ Printed Name of Notary .�, CABIN J. DWYER MY COMMISSION # GG 982367 EXPIRES; May 14, 2024 Sanded ihru Notary Public Undembrs Packet Pg. 331 9.A.1.c NEIGHBORHOOD INFORMATION MEETING Forest Glen Small Scale Amendment GMPA (PL20200002303) and Forest Glen of Naples PUD Amendment (PL20190002302) A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Naples Land, LLC (Applicant) will be held on May 20, 2021, 5:30 pm at Fairway Bible Church, 3855 The Lords Way, Naples, FL 34114. Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor.com, phone: 239-947-1144, or mail: 3800 Via Del Rey, Bonita Springs, FL 34134. Project information is posted online at www.gradyminor.com/planning. Naples Land, LLC submitted formal applications to Collier County seeking approval of a Growth Management Plan Amendment (GMPA) and a Planned Unit Development (PUD) Amendment. The Forest Glen of Naples PUD has been developed with 799 dwelling units and contains a 9.6+/- acre undeveloped commercial tract, which authorizes up to 100,000 square feet of miscellaneous general commercial land uses. The intent of the PUD amendment is to amend the uses authorized on the commercial tract to add 280 multi -family residential dwellings as a development option for the 9.6-acre parcel. A companion small-scale Growth Management Plan Amendment has been filed which modifies the description of Activity Center #9 to authorize construction of up to 280 multi -family dwelling units on the tract. The PUD conceptual master plan has been modified to identify the parcel as a mixed -use parcel and to indicate that project access will be from Beck Boulevard. Development standards have been included for the residential development option. The Forest Glen Planned Unit Development (PUD) is a 635± acre project located on the southeast corner of Beck Boulevard and Collier Boulevard. 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NEIGHBORHOOD INFORMATION MEETING 9.A.1.c Forest Glen Small Scale Amendment GIVIPA (PL20200002303) and Forest Glen of Naples PUD Amendment (PL20190002302) May 20, 2021 PLEASE PRINT CLEARLY ***PWI.Se be Advised*** Q The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, o e-mail addresses, phone numbers and certain home addresses are public records once received by a government a agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of d checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. W NAMEt _ EMAIL: ADDRESS: �, f�n`7r�`Io��a+�dD —,PHONE: 'Zy3 / IV NAME: iP a � T� EMAIL: A ,,c.'7©ff a}p � 6LI/ �o�t ADDRESS: 3 D f- O / n� PHONE: �0�� NAME:,�}� I EMAIL: ADDR j:� Dez 3 O HONE: 3 S'^(o 7 NAME:, EMAIL: s �� e, e6�}� Q77- ADDRESS. PHONE: Li-� 7- 1&q-- aC NAME: EMAIL: ,q��n,2 l�v«((c� cJ ADDRESS: ^1 J) LP \_6 �-`� 6.4 � A05 PHONE: Lo 03 �f7 3 oo 3 a Q. t COI = - o NAME: _ f� �� !�- EMAIL:r+� 3-'1 2 �t ADDRES : �r'j i �� � L� .P�,,,U AA PHONE:` J q dj t vV �+ m r r d` 4g7L-(j — a c NAME: EMAIL: s ADDRESS: PHONE: a NIM Sign -in Sheet 05-20-2021 Packet Pg. 344 NEIGHBORHOOD INFORMATION MEETING Forest Glen Small Scale Amendment GMPA (PL20200002303) and Forest Glen of Naples PUD Amendment (PL20190002302) May 20, 2021 PLEASE PRINT CLEARLY ***Tease be cloMsed*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: 1 )010k �S ADDRESS: NAME: Je AN Efi �_: o EMAIL: tb CIk) 70o� PHONE: Q3 EMAIL: 3Xf076 S Ir Z 7 (A 0_6MM - 4 ADDRESS: Cf �6I PHONE:�� y�-Z;--00-5-3 � /4- (2 � v7 NAME: 41 p 1 �� �rn �- EMAIL: Sh;�,j ADDRESS. '/�i�� Q� �r PHONE: �GJ���� NAME.\ A l? ,7 )r l�r EMAIL: t fie,/ 7 Go ADDRESS��I�b�p0 /J L'17 PHONE: .n NAME.J)6 ,(, I /a_L_1 e. d� EMAIL: ADDRESS: 3 S 4 Aq." 4 -- PHONE:.7 3 9 _ i�( f _ d r& -I- NAME: EMAIL: ADDRESS: v-` ` �� , C i PHONE:c�-3 NIM Sign -in Sheet 05-20-2021 d c� a Q. m 0 M Q a Ccj'-� a a Packet Pg. 345 NEIGHBORHOOD INFORMATION MEETING 9.A.1.c Forest Glen Small Scale Amendment GMPA (PL20200002303) and Forest Glen of Naples PUD Amendment (PL20190002302) May 20, 2021 PLEASE PRINT CLEARLY ***please be advised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, p e-mail addresses, phone numbers and certain home addresses are public records once received by a government a agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. nd, NAME: e v-e- ADDRESS: . ON 14- -_', EMAIL: s mc'�_t PHONE: ('24r1Lt.w - 6 coj NAME: Al'ya'k I! A(�LeG� � EMAIL: G 11 P/ IY_-1 (% ADDRESS:399��, PHONE: �/� 9 G/ i NAME: ! Nk 7 fXX L -&I EMAIL: LZP / I (v 4v vfr1 z-AA, k- 7— ADDRESS: 31,10 I ✓ f 5'/`1Y0 e,4 67 ff- le( PHONE: 11 10 61116 5&1123� NAME: F - EMAIL: ADDRESS: C-�ILI .64�/ �E� � � % �•J NAME: (�. y_ EMAIL: ADDRESS%✓ 9•�7f� jar, . PHONE:9.,// 73 S •5-'(p5 7 NAME: 5S l�AIC7 EMAIL: ,Ry,fe CS-CaA1 C4UUGe PA ADDRESS:PHONE: 3f^ ,FL 3<<� NAME: ��(04 kL(5` .A* 0 EMAIL: ADDRESS: 31aa :�_-er/i& P4vM aP_W PHONE: NAME: . EMAIL:v^�CC�m c'�r ' '/vim/ L )Q 41d e ADDRESS: l -�f �� PHONE: EIS lj�:' I Sq 119 ck�i ads NIM Sign -in Sheet 05-20-2021 a Y a CL Y M m 0 CL n. a m Q c' I E V a Packet Pg. 346 NEIGHBORHOOD INFORMATION MEETING Forest Glen Small Scale Amendment GMPA (PL20200002303) and Forest Glen of Naples PUD Amendment (131.20190002302) May 20, 2021 PLEASE PRINT CLEARLY ***1>I.ease be advised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: :a r y— V'CL " k1 d EMAIL: (rj h� d UJ'/' tom/ rq 4u I . C Uy\ ADDRESS:� q�q '� PHONE: NAME: .,y� s,�a-�� EMAIL: ADDRESS:, c3 �- 6,, 0.1 PHONE: NAME: 0 - ,� EMAIL: ADDRESS: PHONE: NAME: . EMAIL: C A U` L ! !� ADDRESS: (a OJ"L I K `' f �. PHONE: ),-3 3 5 73 � NAME: y� vi 21 /-�,� EMAIL: ADDRESS: L� PHONE: a Q. NAME: EMAIL: ADDRESS: PHONE: V_ 4,1d 0.-tiff. doh NAME: rz EMAIL: ate_ G{ , c_cr Q ADDRESS• PHONE: 4_,3q. _ l-J(a r Q _ NAME: EMAIL: " T, �;a yi'1 E s ADDRESS-" � C% ?� PHONE: '') NIM Sign -in Sheet 05-20-2021 Packet Pg. 347 NEIGHBORHOOD INFORMATION MEETING Forest Glen Small Scale Amendment GMPA (PL20200002303) and Forest Glen of Naples PUD Amendment (PL20190002302) May 20, 2021 PLEASE PRINT CLEARLY *"Mease be advised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: / EMAIL: U V1 .p . / r n -L e T "IS (0 'A - ADDRESS: 1 S{7 a,2w OV4 CJT C PHONE: 0 3 NAME:. � A"•) � Du��SCVL EMAIL: IMW5—dLLYFa CdMCASY-- f4 ADDRESS: �e 46 31ifly5u_ R—VPW- �_ PHONE: 23ci-- zf - 5 2-q NAME: (? O LL tc?r ry )/'r/G Al"� _ EMAIL: LI -- /{(J &, f7&72� ADDRESS: � � f � r r PHONE: NAME: / 1 , - I I EMAIL: ADDRESS.*-- - 1 PHONE: NAME:A8/z_ v I LzZA dr7' EMAIL: /197 Pa, v 44 Pa,9x, PHONE: NAME: QId 4X- �N / /.� % EMAIL: m1�`�6renn %z v ,Ljl�G ADDRESS: %PHONE: NAME: K W EMAIL: Q� Err(, ADDRESS: I PHONE: NIM Sign -in Sheet 05-20-2021 a Y a a 0. ��l1I1' a m r a R w r Packet Pg. 348 9.A.1.c Imo- 7�o D, Packet Pg. 349 NEIGHBORHOOD INFORMATION MEETING 9.A.1.c Forest Glen Small Scale Amendment GMPA (PL20200002303) and Forest Glen of Naples PUD Amendment (PL20190002302) May 20, 2021 PLEASE PRINT CLEARLY ***pease be adVLsed*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: �c�_ �/ !� �C� 2L i✓ EMAIL:r/,-,S �Yl ` LII�D &'9 NAME: EMAIL: � L < �- c� �tJGR�I�cL�C l�j ADDRESS: „ �, _ t / ,n n PHONE: 72- 05'7-7 NAME: ADDRESS: 6' � Imp �S b II0� PHONE: o¢tirQo�_ 4q (- `7 0 1ls NAME: EMAIL: deww - "N ADDRESS: 2>�%U �r�T PHONE: 79,0 NAME: j 1 I ( V, a� EMAIL: 11 / �v I i l "A 0 ADDRESS: 3 0' c6� a� PHONE: NAME: �o �� d EMAIL: � C aSoat.J 9 I I 0,,-7 FC, C6rpCi s2. 41C T ADDRESS3,� ��3Lof� l�4y G/ PHONE: 0?2 4--- NAME: M M r EMAIL: I'J 9 �(% ;� Qp� GG Tl ADDRESS: /0 �� PHONE: ADDRESS: `L ,/ � _ %fL,t . �PHONE:-' NIM Sign -in Sheet 05-20-2021 Packet Pg. 350 �AnnaV(<5 �unc�1"hoMn� J f kk �M� 1\emu✓ 9.A.1.c sq oonnor s�'�mai ryxnc�jK-(-yie mC. �c�czhb��� -C., �� C,* -3 b �j ) G �roALi e a 0 . C ot� Q FRAT Packet Pg. 351 NEIGHBORHOOD INFORMATION MEETING Forest Glen Small Scale Amendment GMPA (PL20200002303) and Forest Glen of Naples PUD Amendment (PL20190002302) May 20, 2021 PLEASE PRINT CLEARLY ***Tease be advised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME:) Vz4/x EMAIL: yL ( i A 11 jZi i' 17 % �9 6pi p 4, Ce ADDRESS: PHONE: <�� _ 7�j'/ 7 _ NAME: -On EMAIL: ADDRESS: 317[ a OF PHONE: Flo Nor_ PA NO 20 WA =FA 11 M"WRAM" EI/F ffierv�6M.21% a r 'At rim ADDRESS:,, rn.-4 _- -V _.P — _ , _ 1 e i . i -, � PHONE: NAME: EMAIL: ADDRESS: PHONY:r� NAME: EMAIL: ADDRESS: 3:�qq �i, I (e- P lus z)�_ �_' PHONE: a 39 _ L(o --t30 NAME: EMAIL: �.I�Z�b�a'1'1 �uncnn -- ADDRESS: 3 ib Ips t PHONE: S hcD n w o o ri G�} W Ala ales II W NAME: t _ 47�;- _ . ..77_ _.�n EMAIL: ADDRESS:3 4 f �,J-71 °rE C � 1/ a J'9- :. - NIM Sign -in Sheet 05-20-2021 :3 . a a Packet Pg. 352 6m�t -G� A--� k - T-- k ID to H K a-- Givi IV "(- e. " b iliac, ,�, N, +, VI b 6 �Et-\*l ('00 �-,vQcq 4, ku C4 r,a-(y u c o � � y p —/ /0i3;2-6 �oL.120,4 fc J o. a `` Y1� vid l ��p `t�d�l m�� hSL_IX CL Q m w a E s Q h Packet Pg. 353 NEIGHBORHOOD INFORMATION MEETING I9.A.1.c Forest Glen Small Scale Amendment GMPA (PL20200002303) and Forest Glen of Naples PUID Amendment (PL20190002302) May 20, 2021 PLEASE PRINT CLEARLY ***1>lease be adJ�sed*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: - EMAIL: ADDRESS: 3gFa�b r d%t1 / ill-) PHONE: 6/7- 7.3_?_ 5--.r 70 Vflr'T o�0/ %R2S' NAME: L _ 1 I 1-1 EMAIL: ADDRESS: ` — L L 'r— PHONE: e, t ,26' 2. 7 SI C ig NAME: EMAIL: ADDRESIf PHONE: 1, Cs'd NAME: Q Y ' u EMAIL: M Cr f h .R ac-ti�z Jk s�o ���a�� ADDRESS: 3(T7ii1 �IL'_ /CsHONE:c� f 3 &-35•-� I G%� a d le NAME: ADDRESS: M EMAIL: Ltl e S/zt O PHONE: ADDRESS: t� �(U,4-n fJ r f , PHONE: 02 (�, k S NAME: EMAIL: ADDRESS: r �'' A C!'� PHONE: NIM Sign -in Sheet 05-20-2021 .11 Packet Pg. 354 9.A.1.c 0e-nJ Flinn t � V0 Al, -A wfl�oyl co v� Q Packet Pg. 355 NEIGHBORHOOD INFORMATION MEETING 9.A.1.c Forest Glen Small Scale Amendment GMPA (PL20200002303) and Forest Glen of Naples Amendment (PL20190002302) May 20, 2021 PLEASE PRINT CLEARLY ***please be advised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, p e-mail addresses, phone numbers and certain home addresses are public records once received by a government a agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site E for additional information. NAME: o� l Q _4 e✓&a(-& Nte- EMAIL: 17 t dvkr, C I q 0+^^qr(.LO� ADDRESS: PHONE: fotg+ C�-Ire-Q��aQ Zvz PHONE: 0-39-�S a a 7d rJ6-p1e-N I FL 3 4 rl q- NAME: EMAIL: ADDRESS: PHONE: �W—goc -, 2_5.Qs NAME: r� _ r f EMAIL: (� a��� ADDRE� �K n lr1 h AYH 1. PHONE: 5rl ale 7 �] �i V f) - /' 3Llkq U# ►bi I NAME: EMAIL: ADDRESS:� � � j � `y + � PHONE: NAME: 1 � � � �Y � S EMAIL: ADDRESS:PHONE: NIM Sign -in Sheet 05-20-2021 L.oj r a a Packet Pg. 356 Nmtc- J� W EU R-,AJ A,)t4 I aC� LIPA1,20 M, �r % N J a (� 9 cC M, n r —CA a Q. rffnn2f(DC'o/,10QS�,/I Q a m w a E s a Packet Pg. 357 NEIGHBORHOOD INFORMATION MEETING I9.A.1.c Forest Glen Small Scale Amendment GMPA (PL20200002303) and Forest Glen of Naples PUD Amendment (PL20190002302) May 20, 2021 PLEASE PRINT CLEARLY ***please be advised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, Q G e-mail addresses, phone numbers and certain home addresses are public records once received by a government a agency. If you do not want your e-mail address, phone number or home address released if the county receives a +, public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site E for additional information. NAME: /l J[/�� EMAIL: t /-/S/L ADDRESS: PHONE: c�Ac WS EMAIL: ADW/,g ( � PHONE: mor-17,1=01 u NAME: /f�,, r / ' �WWXW ��v4 EMAIL: ADDRESS': ���I 5 �a�� � PHONE: NAME: LruJtve EMAIL: Yl e_rJ oQ e rSo � `I cl- ,Je{ ADDRESS:399` r wY•M �d M �. �� aoZ PHONE: ci 1I40 (e(,5 7707 NAME• d\ _ �_ EMAIL: ADDRESS: VJ PHONE::.y g r IF NAME: EMAIL: ADDRESS: PHONE: NAME:( /n „ .. I✓_ /.%/ /. , EMAIL: NIM Sign -in Sheet 05-20-2021 Packet Pg. 358 �-k 9.A.1.c 1 yt I 4;� —/(W i - e Z)tl CO ,� o h,� � -�'� c'- �v��sc�i ��c j �U /'�/� s c l�l arc C.��r� l� l • r� mil,-V� � `t3 % cJ 6 Iv 1T .lei Q Packet Pg. 359 Forest Glen Small Scale Amendment GMPA (PL20200002303) and Forest Glen of Naples PUD Amendment (PL20190002302) May 20, 2021 NIM - Registered Zoom Participants First Name Last Name Email Address Mary Patzke Mtpatzke@gmail.com 3921 Forest Glen Blvd., Naples FL William Keating keating209@verizon.net 4010 Loblolly Bay Or #208 Don Hagen donaldlhagen@charter.net 3711 Jungle Plum Drive West Diane Massiglia dmassig@comcast.net 3955 Bishopwood W Robert Davis rddllll@yahoo.com 3783 Jungle Plum Dr E Claudia and Tom O'Neill tloandceo@yahoo.com 3963 Bishopwood W Unit 201 mary roberts fourpause4@gmail.com 3629 Periwinkle Way Frank Luistro frank.luistro3767@comcast.net 3767 Jungle Plum Or E, Naples FL 34114 Anselm Burkart bburkie2@aol.com 3977 Bishopwood Ct E #101, Naples, Fla 34114 John Saling jasaling@hotmail.com 3912 Forest Glen Blvd, #202 Nancy Luedy nluedy@gmail.com 3993 Bishopwood Court E unit 203 Kerrina Bertoli kerrinab53@aol.com 3959 Bishopwood Court West Unit 202 Charles Rinck Budgolf3@comcast.net 3973 Bishopwood Ct East #206 Naples Sue Short Tsshort@hotmail.com 3815 Jungle Plum Or East. Naples 34114 Robert Rinaldi Rrinaldi54@yahoo.com 3966 Bishopwood Ct W, #201, Naples, FL 34114 Dianne Neuman ladydill80@aol.com 3970 Loblolly Bay Drive, Unit 302 David Geis dcgeis@comcast.net 3882 Jungle Plum Drive East Naples, FL 34114 Rick Rettinger Rick@rettbiz.com 3928 Forest Glen Blvd, Unit 202 Joe Kunz joe.mar@verizon.net 3978 Bishopwood CT West, #201 David Anderson deanderson240@gmail.com 3827 Jungle Plum Or East Michael Stewart pmstewart@comcast.net 3977 Bishopwood Court E 202 jeanne vernazza jeannevernazza@hotmail.com 3875 Jungle Plum Or E Joe and Dallas Hancock ddhancockl3@gmail.com 3996 Bishopwood Ct E #203 Thomas Quattlebaum tom.q@comcast.net 3974 Bishopwood Court W Unit 101 Naples, FI. 34114 Garrett Johnson g.johnson@snet.net 3732 Jungle Plum Drive E Naples, FL 34114 Jacqueline Fairbairn jfairbairn@charter.net 3545 Perwinkle Way Matt Murphy mmurph312@aol.com 3970 Loblolly Bay Drive #402 Naples FI Robert (Bob) Reid robertj.reidll@gmail.com 3965 Bishopwood Ct E Unit 105 Naples Florida 34114 Jack Selix Threeputtselix@hotmail.com 3996 Bishopwood Ct. East unit 104 Michael Latva Michael.Latva@PSEG.com 3935 Loblolly Bay Dr. Unit 303, Naples, Fl. 34114 Vincent D'Alessandro vindalessandro@gmail.con 3707 Jungle plum drive west Douglas Haggard dhaggard@cerner.com 301 Monterey Drive Larry Luedy Iglnel@optonline.net Naples, FL Mary McGuinn guinn@gmail.com 3972 Bishopwood Court East, Unit 205 Paul Bueker paul.bueker@gmail.com 3979 Bishopwood Court W. Unit 102; Naples, FL 34114 Robert Jeffrey rgjeffrey@hotmail.com 3549 Periwinkle Way, Naples, FL 703858 rpasheilichl@neo.rr.com 3980 Loblolly Bay Drive, #202 Marilyn McKibben kibben02@yahoo.com 3966 Bishopwood Ct. West #202 John Thomas jmcmthomas@comcast.net 10387 Pineway Drive Jerry Detzel g.detzel@comcast.net 3980 Loblolly Bay Dr. Naples FL 34114 Doug Wissmueller dwissmu@sbcglobal.net 3965 Bishopwood Ct. E. 104 Irene Caulfield irenerenee@live.com 3990 Loblolly Bay Drive #103 Michelle Goldner chellell27@msn.com 4000 Loblolly Bay Drive Robin Secouler secira@aol.com 3990 Loblolly Bay Dr, Unit 308 george jackson gj290@comcast.net 3235 kickapoo avenue, point pleasant, nj 08742 Raeann Shepherd sheprsl@aol.com 3800 Jungle Plum Drive East GEORGE PUTZ geputzl@gmail.com 3948 FOREST GLEN BLVD UNIT 102 Dawn Walker Gucci40@aol.com 3884 Forest Glen Blvd. #101 Naples, Florida 34114 Richard Ladeau rjl.wfw@verizon.net 3924 Forest Glen Blvd., 201 Paul Halloran Jr Pfhresco@aol.com 3969 Bishopwood Ct E #204 Lynn Hathcock lynn.hathcock@premiersir.com 3950 Loblolly Bay Drive #402 Naples, FL 34114 Jim and Clare Frevert jfrevert@midiowa.net 3828 Jungle plum Or E, naples FI 34114 Thomas Pugsley thomaspugsley@comcast.net 86 ROXITICUS RD Eric Peterson ericpeterson1703@comcast.net 4010 Loblolly Bay Or #203 Pilar Neer neer.pilar@gmail.com 3985 Bishopwood Court East Bernadine Putz amhurst.rdl@frontier.com 3948 Forest Glen Blvd. #102 Ronald Bellora rbelloral@live.com 3976 Bishopwood Ct E 205 Paula Gardner Pgardner614@gmail.com 3920 Forest Glen Blvd, Unit 202 Kathy Nelson kathy.nelson4@comcast.net 3989 Bishopwood Court West, Unit 202 John Busse jbusse5378@aol.com 43 Petonanowet Lane peter didier petejdidier@gmail.com 3936 forest glen blvd #202, naples, fl Robert Ricci Ricci.r@comcast.net 4010 Loblolly Bay Drive, #204, Naples, fl Daniel Marini dmarl949@gmail.com 3950 Loblollybay Drive unit 207, Naples, FL. 34114 Daniels Peter wpdaniels@yahoo.com 196 Treescape Dr., East Hampton, NY Packet Pg. 360 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript Wayne: So, this is a neighborhood information meeting for Forest Glen Community. It's for the commercial tract. I'm Wayne Arnold. I'm a local planner with Grady Minor Engineering. Sharon Umpenhour is a planning technician in our office. She's going to be recording the meeting. Standing next to her is Jim Banks. He's our traffic engineer working on the project. In the back, we have Rich Yovanovich, who is a local land use attorney. We have Nat Linden who is with Bainbridge Development Group, who is looking to be the developer of the apartment complex on the property. We also have a couple of the county representatives in the room. Sue Faulkner is Comprehensive Planning staff member with Collier County. We have Laura DeJohn who is working on the zoning application. She's standing at the double window. We have a local planning commission member present, Paul Shay, who is standing over against the wall. [00:01:02] So, welcome everybody. Thank you all for coming out to see us tonight. We're going to make a short presentation and then try to answer any questions you all might have. So, again, this is a two-step process. We have a small-scale growth management plan. And we a few even that affects what's designated as a commercial track in your community. Our application proposes to allow 280 multi -family units on the subject property. Sharon: You're muted. Wayne: Hey, Sharon, that's not advancing on the computer screen. Sharon: Yeah, it is. You're on the TV. Wayne: Okay. So, again, we're in Activity Center No. 9. You have a commercial tract that's part of your community. It's undeveloped. The owner of the commercial tract has been out looking for buyers. [00:02:04] Best use seems, appears to be multi -family residential. That's the most attention we're getting in the marketplace. So, what we've done is set in motion the process. And this is one of the steps in the process to come and have a community meeting to talk to you about our changes and listen to any questions you may have, answer the questions you may have, get back to you with any answers that we can't answer tonight. Page 1 of 34 Packet Pg. 361 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript So, we have proposed sub -district language. It's pretty simple language. It talks about allowing all the uses of the activity center, as well as up to 280 multi -family homes on this property. Up here is your approved master plan that calls this out as a commercial tract. It's highlighted in yellow on the exhibit on your screen. The access to that parcel is on Beck Boulevard across the FTOD right of way. There's no internal connection to your property from your tract. [00:03:00] This is our proposed exhibit. It's a really simple change to the master plan. We're redesignating a commercial tract to a mixed -use tract so that it will allow commercial and/or residential. That's what the exhibit — Your master plan is an old school master plan that didn't have a lot of details on it. So, this is what the actual master plan looks like with the mixed -use designation on it, as it would stand alone. We had to establish, obviously, development standards for the residential development because Commercial Holding is approved on this tract previously. So, we have developed the standards. Most of the time, people are most concerned about height. You all have an allowance for 50 feet in height for the commercial tract. We've asked for that height to stay the same. We would measure the height as you measure your residential. So, we've asked for a couple of deviation. One is highlighted here. We ask for a small buffer mediation. Because it's in an activity center, it requires a specific buffer type. [00:04:00] But because there is a right of way taken, there's a really small area on the northwest corner of the site where the buffer becomes really tight. So, we've asked for a deviation from that standard. We're also asking for a parking deviation because this is going to be a fairly compact community. We don't think that the same parking standards that the county warrants for other multi -family projects is necessary. We've asked for similar deviations on other projects because the parking standards that the county has tends to over park these sites, in our experience. So, I'm going to let Nat come and talk to you about some of the conceptual plans that Bainbridge has been doing and tell you just a little bit about their company and the experience they have in your community. So, Nat, do you want to take over? Nathaniel: Hey, I'm Nathanial Linden of Bainbridge Companies. We're a nationwide multi -family developer. Page 2 of 34 Packet Pg. 362 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript [00:05:021 We probably have about 4000 units under construction right now. We manage about 20,000. We like to operate at the top of the market. So, resort style amenities, condo -style finishes, really high - end type development. We think a lot of our residents are probably folks like yourselves, if you're wondering who is going to be moving in should the rezoning get approved. This is a conceptual plan we put together. We submitted something to the county for our additional activities. We've received those comments from them. Right now, we're in a holding pattern until we see what happens with rezone. Once that starts moving forward, we'll also move forward with our plans. You can see here, we've clustered the buildings around a central pool and a clubhouse. We've got access off of Beck. [00:06:00] We'd really like to do what we can to help buffer our development from yourselves. I assume most of you are here for the golf course. We went over these plans briefly on Tuesday with some of your board members. We're looking forward to hearing some feedback. Wayne: You have some conceptual renderings in there too. Nathaniel: Yeah, ah, let me show you — [booing] This is represented image of a project we did in Tampa. Obviously, Tampa and Naples are very different markets. We just want to show you basically the level of finish that we go for. So, these are the elevations that we have for this particular project. It was on the water. Set record sale price in Tampa. It was really, really, really well done. [00:07:00] Um, that's the same kind of quality we want to bring here. The next rendering is just the same project, um, but images of the amenities that we offer at that project. And we'd do a similar program here in Naples, as well. Again, it's a different market. We try to tailor each of our projects to a specific neighborhood. So. What do we have next? Wayne: I think that's it. Nathaniel: Okay. So, that's Bainbridge. I'll be around and happy to field any questions. Wayne: So, that's really, in a nutshell, the presentation. As I said, this is kind of the first step in the process. I know some of the people reviewed it. I'm going to let everybody know, my name is Wayne Arnold and Page 3 of 34 Packet Pg. 363 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript I'm the planner working on the project. And we're going to turn it over to some questions if you have any. We'll try to answer all your questions. Just to let you know, in terms of process, we don't have public hearing dates established yet. [00:08:00] This is — We — we owe the county a response to some of their sufficiency comments. And we'll be responding to those shortly. We probably will not be having a public hearing on this until — It will go to the planning commission next. Most likely, that's going to be in the early fall, just given the timeframes. That would be the best - case scenario. Best case scenario would be that we could get to the board of county commissioners late fall or near the end of the year. But again, when this moves forward to public hearings, if you received a notice for this meeting, you should get a notice from the county of that meeting. You've all seen the four by eight signs that go up on sites when there are zoning cases. So, that will be an indicator that a zoning hearing has been scheduled. Sharon has her business card. And our email address information is on the last slide. If you'd like to stay tuned in with us, we upload the information as recently as we send information back to the county. So, everything the county has is available on our website for the public to view, as well. Laura DeJohn or Sue Falkner from the county, their information is also on the screen. [00:09:00] So, if you want to take a snapshot of it or something, you'll have their contact information. And they'll be happy to answer any questions or provide you copy of things if you'd rather get it from the county. With that, unless there's anything else from our time, I'd like to go ahead and have questions. So, we're going them one at a time. If possible, we'd like to have folks use the microphone so we can make sure we catch it on the recording so the transcript can be as accurate as possible. So, if, um, anybody has questions. If you want to raise your hand, I'll just kind of take people [Inaudible - crosstalk] [00:09:33] What's that? Male Speaker: We're going to start. Our president of the club is going to come up first. Wayne: Okay, great. If you don't mind introducing yourself. Mike: Yes, my name is Mike McGuinn. I'm currently the board president of Forest Glen Female Voice: We can't hear you. Page 4 of 34 Packet Pg. 364 9.A.1.c Forest Glen of Naples PUD (PI-20200002302 and PI-20200002303) 5-20-2021 NIM Meeting Transcript Mike: I guess the question that — one of the questions that we have, what impact will your proposed development have on the black bears and the cougars and the panthers, alligators, deer, and the animals that live in that habitat? [00:10:10] What steps will you take to mitigate this impact? Wayne: Well, this property is currently designated for commercial — Female Voice: Can you repeat the question? Wayne: I can do that. That's a good idea, ma'am. Thank you. So, the question was what are we doing to address black bear, panther, other animals that native habit the site. So, the county does required an evaluation. We turned in an environmental assessment on the property as part of this review. This property does not have a separate preservation requirement, per say, in terms of native vegetation. There were no list of species found on the site in the evaluation period that was performed for this exercise. But keep in mind, the site was designed to be a commercial property of 100,000 square feet. [00:11:001 So, to convert from commercial to residential is going to have no more impact than would have been anticipated, in my opinion. Mike: Thank you. There appears to be a wetlands in the southeast corner of the property. How will this wetland be maintained? Wayne: The question was there appears to be a wetland in the southeast corner of the property and how's that going to be maintained? So, in this exhibit, conceptual rendering, on the far southeast portion of the page it's called "Preserve." And that is a small wetland, we understand. Our anticipation is that we will preserve that wetland and create the buffer that is required around it as part of the site plan process. Mike: With that development, with that parking area, there's going to be a lot of water runoff. We want to know what you're doing to either retain the water or to otherwise divert it somewhere, not to Forest Glen. [00:12:04] So, what's the plan for that? Wayne: The plan actually is to put water into your backend water Page 5 of 34 Packet Pg. 365 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and P1-20200002303) 5-20-2021 NIM Meeting Transcript management system. There's an environmental resource permit that was approved by the water management district that assumed the runoff from this commercial tract would go in through your lake system and discharge out in the canal. I'm not the design engineer that's working on this for Bainbridge. Their engineer has been evaluating that. I think they've already spoken to the water management district and that's their intended use for the water management. Mike: How will you address the preserve requirement for your development? Can you please explain what method you use to calculate it. Wayne: Okay, this parcel — and your original master plan has preservation areas shown it that were — Let me go back to that. [00:12:57] So, on this plan, which is the zoning master plan, everything white, east of most of your lots, the area that is west of the FDNL easement, south of the commercial tract and a little bit of area near your maintenance facility and the fire station are all dedicated preserve. So, they've been recorded as part of your plat process. So, there is no separate preservation requirement for the commercial tract itself. The preservation areas were already taken care as part of the PUD for the community. Mike: So, you're saying our property — our reserves count for you, is what you're saying? Wayne: We'll all the same family. We'll all in the same zone. Female Voice: No, we're not. Mike: For the record, my name is Mike McGuinn and I object to this project because it does not adequately mitigate the negative impact on the environment, specifically the environmental study submitted to the county does not, ah, list Florida black bears or Florida panthers that have been observed in this area. Thank you. [Applause] [00:44:00] Wayne: That was Mike McGuinn. David: Thank you, Mike. My name is David Deliah. I'm from Forest Glen. I have a few questions for you. Did the traffic study that you worked Page 6 of 34 Packet Pg. 366 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript on, um, consider recent development from Frontera or Scott's development on the southern border of Forest Glen? Wayne: I'm going to let Jim Banks, our transportation engineer who prepared the traffic analysis address that question. Jim: Hello, Jim Banks. Those projects are not permanent yet. They are still in the planning stage. We only look at projects that are actually permanent and will be built. Crowd: Can't hear you. Jim: I am actually working on those projects. [00:15:00] But this project is currently ahead of those projects. David: Would that not represent a flaw in your report to the county? Jim: No. No, we don't have to take into account projects that have not become realized yet. [Crowd murmuring] David: Did your traffic study consider Amazon's development's impact to the area? Jim: No. David: Did it consider the 600 plus parking lot on Beck Boulevard? Jim: No. David: I would think that is also a very significant flaw. Did the traffic study consider the Edge 75 development, which by the way includes 320 units on 34 acres, unlike this project which is being proposed for 280 units on 9.6 acres. Jim: Yes, that project is included. David: Have you taken into consideration Forest Glen resident's reliance on Beck Boulevard for ingress and egress for safety reasons? [00:16:02] Jim: I've taken into account everyone that uses Beck Boulevard. David: Have you taken into consideration DOT'S future plan to add an Page 7 of 34 Packet Pg. 367 9.A.1.c Forest Glen of Naples PUD (PI-20200002302 and PI-20200002303) 5-20-2021 NIM Meeting Transcript additional lane close to the Forest Glen entrance resulting in residents greater reliance on Beck Boulevard? Jim: Which entrance are you talking about? David: The front entrance. DOT is going to carve off that lane that abuts your property and abuts ours. Jim: Right. David: Um, and that's actually going to make it more difficult for Forest Glen residents to enter and exit from the Collier Boulevard side. Jim: We account for that. But we're not analyzing access into Forest Glen, the residential portion. David: Have you considered there'd be a greater increase on the alliance for Beck Boulevard for Forest Glen? Jim: No. David: Have you modeled that in your traffic studies? Jim: No. David: Has there been a market feasibility study conducted? Jim: I don't do feasibility studies. [00:17:00] Wayne: Yes, a market feasibility study was included in our application materials. David: Did the market feasibility address what would occur to the area if the potential for commercial and retail services was taken away? Wayne: I don't believe so. I don't think that's what the analysis looks at as part of our application. It looks at the feasibility of converting, using, and whether or not there's a market demand for more residential. David: Could you explain what circumstances have changed to make it appropriate to eliminate commercial development in the commercial convenience district and substituting residential development for 280 more residential units resulting in an increased density? Page 8 of 34 Packet Pg. 368 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript Wayne: Well, there are a couple things at play here. One, as you mentioned, too, the access is changing. There's no longer any ability to access Collier Boulevard from this tract, that was part of the FDOT taking. So, access for this property can only be on Beck Boulevard, which doesn't — [00:4 8:00] Is probably the superior access if you're a commercial user. That's one reason. The other reason is there's such a strong demand for residential right now, there' smore demand for residential than typical retail. Retail is not what it was and probably never will be. I think we've all learned that lesson over the last year. So, there's a couple factors there. This has kind of been the trend throughout Collier County, to see several of these conversions occur. I also want to say, we're asking for this as a development option. So, the commercial stays. We're not saying we're eliminating all of the commercial. If it goes residential, it's going to be residential. But the develop — The owner has the right to still pursue commercial. David: The, um — When the property original PUD was created, this convenience zone was created for the benefit of primarily, for respondent. It seems to be it's being ignoring, ignoring the convenience of removing the commercial convivence district. [00:19:03] Wayne: Well, I don't know if it's being ignored. The market hasn't, obviously, been driven to this site to create convenience commercial. Secondly, there's no internal access to your site, proposed, or possible through this property because you would have to go through preserves to get there. David: Right, but our Beck Boulevard entrance would allow us to go any goods and services, professional services which are allowed in that zone without crossing any signalized intersections. By the elimination of that zone that the original PUD created, it's a large take away. Um, can you explain, um, the density limitation for your 9.6 acres? Wayne: The density limitation through our comprehensive plan is assigning 280 dwelling units to the property. Bainbridge's plan actually has fewer than 280 units. [00:20:00] As we've discussed with your HOA representatives the other day, ah, the county — it's an activity center designation. It's unlike other. Page 9 of 34 Packet Pg. 369 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript There are a few others like it. But it doesn't hold whether the same density allowances today. So, we're modifying that. And, actually, the county will look at this as a whole because we're all one in the same PD. We may have separate ownerships. We're all partnered to the same zoning designation. So, you look at it as a whole. And it's 280, that's the number we came up with because it's a market number for apartment builders. 225 to 300 units is in the wheelhouse of what every apartment builder wants to build. So, we asked for a number that was a marketable number to build to. David: And how does that compare to, ah, Edge 75 allowing 34 acres to accommodate 320 units? Wayne: And that's a little different because that one did not require a comprehensive plan amendment that Rich and I worked on. It — it — it was an activity center designation. They were buying a lot more land than you have available on a commercial tract. [00:21:05] So, the math just worked differently. That's why, one of the reasons we have a comprehensive plan amendment is to support the density that we're asking for. David: The current PD provides for commercial convenience zone to the maximum of 100,000 square feet. If you were limited to 100,000 square feet, how many residential units could you build? Wayne: Well, I think it would depend on how — how big the footprint would be for the commercial. That's the question. David: And you live within your 9.6 acres, not yours, but within the 9.6 acres, the commercial zone, currently under the PUD, which you said we'd both like to live by, has a maximum of 100,000 square feet. If you were to limit it to the 100,000 square feet as it is currently approved as a PUD, how many residential units would be developed? Wayne: It allows [inaudible] [00:21:58]. [Murmuring]. [00:22:00] There are no residential units that are authorized on this tract today. That's why we're asking for the zoning change and the plan amendment. David: I think by — I think there are residential units by, ah, ah, excessive use on the site. You can put residential units above the commercial. What is the total square footage for the completed project, or Page 10 of 34 Packet Pg. 370 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript proposed project, 280-unit project. Wayne: I don't know the answer to that. Matt, do you know the answer to that question, how many total square feet of building you have on your plan. Matt: I mean, of course, it all comes back to the average unit size, ah, for this particular development. You can ballpark about 1000 square foot per unit. So, 250,000 square feet. Now, you can look at it another way — Sharon: He needs to speak up. [00:23:001 Matt: Sure. If you look at it another way, 100,000 square foot of retail, um, space, which is the maximum development were it not a residential development, would generate, I think, maybe 4500 daily trips, daily traffic. Whatever traffic impact you think apartments are going to have, if you multiply it by about three, that's what you'd get with 100,000 square foot retail. David: If we could stay on the size, though. You're throwing around different numbers. You're asking for 280 units. You're saying an average size is 1000. That would be 280,000 square feet. Our PUD, which you say we're all in this together, you want to live by the PUD, has a maximum of 100,000 square foot permitted under the original PUD approval. So, you're potentially going from 100,000 to 280,000 square feet. Matt: Correct. Square footage doesn't necessarily corelate to the demand and the — David: I'm not talking about that. [00:24:001 Matt: — and the resources and of traffic — David: I'm talking about size in density of development on the lot. Wayne: Well, I think it's kind of an apples and oranges discussion, honestly. This is Wayne Arnold again, for everyone who is on Zoom. The county doesn't look at residential in terms of square footage. They look at it in terms of units, which is how we express density in Page 11 of 34 Packet Pg. 371 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript Collier County. Commercial's expressed in square feet. They're really not a valid comparison. I think as Matt was saying, we look at things like traffic impacts, etc. Traffic impacts associated with converting commercial to residential is a huge reduction. David: I think you're also using — You're analysis goes to the extreme of retail. This property has many other approved uses. It has professional office, it has many light -weight usage. So, to interpolate housing versus going to the highest level of retail is not a fair comparison. And in answer to your size and not being an apples to apples, putting 280,000 square feet on a 9.6-acre lot forces you to go greater in height and greater to the property line, which is a big disruption to the abutted land. [00:25:08] Wayne: If I might, Wayne Arnold again, the height on the parcel today is allowed 50 feet. Their buildings are 50 feet, just as you measure your height on a residential component on your property. David: But we're not against any property lines. Let me move on. Is the county going to have to upgrade the sewer system to support the project and the additional residential use? Wayne: For this parcel to develop, it would have to build out infrastructure, just like any other project would, to connect to the public system. David: How — Is there a financial impact to the county — or to residents for this expansion? Wayne: No, there is not. [00:26:00] David: So, um, for the record, again, my name is David Deliah. I object to the project because of the oversupply of apartments in Collier County. There have been a number of apartment complexes developed in the last few years in Collier County. In addition, there have been other single-family projects developed near this area. This will result in an oversupply of residents and a lack of space for commercial development to support current residents. I — I also object to the project because the project directly violates the PUD, which permits a 100,000 square foot limitation of development. Instead this project proposes development of approximately 280,000 square feet of units. Page 12 of 34 Packet Pg. 372 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript I also object to the project because the negative impact of traffic conditions, considering the Amazon development, which is not in your traffic report, on Beck Boulevard. Beck Boulevard will become overly congested. This will cause significant safety concerns to those currently residing in the area. Thank you. [Applause] [00:27:01 ] Tom: Good evening. My name is Tom Rinaldy. I just have a couple questions. If you could go back to the rendering, the drawing that you have of — of the plan. It — It appears there is a building labeled No. 2 that is very close to the 16t' hole at Forest Glen. Um, what steps have you all taken to mitigate any impact on Forest Glen's golf course and its current condition? Wayne: I'm going to let Nat talk about that. But that plan has some labeling on it that's difficult to see. But it talked about doing some enhanced buffering in the distance between the property line and that building. [00:28:00] Nathaniel: Sure. Just for the benefit of everyone who can't see it, I couldn't see it either, the dimension there from the building corner to the golf path is about 100 feet. Right now there's an existing natural buffer on the Forest Glen side of the property line. We propose to add some plantings that would enhance that buffer. And then, of course, we've got our own county required buffer on our side of the property that we would install. Again, we're looking at doing privacy fencing, um, and some burming or additional planting as — as might be appreciated by the golf course. Tom: And you mentioned privacy fencing. Is that the same thing as a privacy wall? Or do you see that in different context? Would it be a see -through fence? Nathaniel: It would be — okay, it would not be see -through. Tom: And looking at the setback from the golf course, you said there was 100 feet between the building and the golf course itself. [00:29:00] From what point to what point are you measuring that setback? Nathaniel: Sure. So, if you look at the elbow of the building, from that corner to the golf — to the golf cart path, that dimension is 100 feet. Page 13 of 34 Packet Pg. 373 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript Tom: And then for folks like me, I have a nasty slice, have you all performed any kind of study on mishit golf balls for the health and safety of those that would be living in Building 2? Nathaniel: I'm not aware of any such study that could be performed. We can look at it. Tom: Has there been any type of study regarding noise, um, that would be generated from this type of dense project that would flow upon the golf course? Nathaniel: Ah, we have not done a noise study yet. Tom: Has there been any type of study or analysis of security, possible security issues, um, with having buildings so close to a golf course? [00:30:011 For instance, um, residents coming on to the — the golf course at night, it being an attractive nuisance or anything to that nature. Nathanial: Um, I mean, we have not a study of that nature, no. It's a full fence. Of course, people can come and go. They can hop a fence, right, no one can stop someone from doing that. Tom: And how high of a fence are you proposing? Nathaniel: Typically, these are six to eight feet [audience groaning]. Tom: You all mentioned flood area and preserve area and how it's shared between those that share this space. In a sense, you'll be sharing the space as a family, I think you mentioned. Is the developer willing to pay for any of the preservation of the preserve such as invasive species, eradication, and maintenance? 10031:051 Nathaniel: Ah, I think we'd be willing to look at a scenario like that. I don't know that we'd outright object to any — We'd certainly entertain that idea. Tom: And going back to the, ah, the six to eight -foot privacy fence. Um, who is going to pay for the maintenance of that — that wall? Nathaniel: That wall is on our property and we'd maintain it, like we do on all of our properties. Page 14 of 34 Packet Pg. 374 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and P1-20200002303) 5-20-2021 NIM Meeting Transcript Tom: All right, thank you for your time. Nathaniel: Sure, thank you. [Applause] Tim: Hello, my name is Tim Craig. I'm the general manager at Forest Glen Golf and Country Club. I'd like to thank our members for being here, interested, and, ah, caring about their community. Filling the house tonight, for the record. [Applause] [00:32:00] I have a petition in my hands that's signed by 1316 people, um, in and around Forest Glen. And, ah, so let me get to my questions here. Um, the proposal fails to meet the governing requirements and criteria for the amendment to Collier County's comprehensive — ah, comprehensive plan and growth management plan. And that's why everybody — Excuse me. Sorry about that. So, on behalf of Forest Glen, I object to the project and request for the amendments. Like I said, the proposal fails to meet the governing requirements and criteria for the amendment to the Collier County's comprehensive plan and growth management plan. Other reasons why, ah, I object, the proposal fails to meet the governing requirements set forth in Collier County's planned development code for rezoning property. [00:32:59] The proposal does not comply with the density limitations at the urban residential fringe future use land use designation. The proposal does not adequately address and/or mitigate the resolving additional traffic on Beck Boulevard created by — ah, creating a safety concern for the local residents and general public. The proposal does not adequately meet the governing land preservation requirements. The proposal does not address or mitigate the black bear population that current inhabits the subject area. We know all about those black bears recently, don't we. The proposal does not address and/or mitigate the Florida panther population that currently inhabits the subject area. We have current pictures of those, just last week. The wastewater collection system in the current form will not be able to handle the additional flow created and the proposal fails to meet the governing, ah, concurrency requirements. [00:33:59] I think it's important to everyone who is aware of the residential general opposition to this project for these reasons. The overall highest and best use for this property is as a local commercial Page 15 of 34 Packet Pg. 375 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript development as it was intended to be, to support the local residents of Forest Glen for their health, safety, and welfare. Thank you. [Applause] Wayne: Yes, sir. Come on up. John: My name is John Leno. I'm a registered professional engineer. I have questions about traffic. Um, I'm not trying to put you on the spot. I just want to see if the county realizes some of the things. Back in 2011, Florida DOT did a preliminary engineer design report for the flyover. Now, they actually project traffic numbers for the future, unlike what I'm seeing here, some of the developments are being ignored like Amazon. [00:35:00] And you're not taking those into account on the traffic load. However, they estimated in 2035, the average daily traffic, ADT, 78,500 vehicles a day would be crossing Davis Boulevard and Collier. So, Collier heading north on Collier, across Davis, 78,500. So, I said wow, that's a — So, I accidently went on the Collier County traffic data counts. And I focused on 2020, first quarter. Guess what the number was. 78,276. Now my math is a little off, so I'll round it up to 300. We're only talking about 200 cars a day difference. We haven't factored in Amazon. You haven't factored in this development that's taking place. We haven't factored development south of us. [00:36:00] And we haven't factored developments that are going to come down Beck Boulevard eventually. What I heard was you're not required to look at that. Now right now — Wait a minute, I'm not done. In 2035, based on those numbers, that intersection would be operating at level of service F. Now, I have actually timed, been in that traffic, 90 seconds and beyond trying to get across Davis without flying. To me, that's level of service F. And that's all I have on that. I'd like to hear if you're aware of these numbers. Jim: Um, I'm aware of the traffic in and around — John: No, no, no. Are you aware of the future traffic — Jim: Well, you quote 78,200. I'm not sure exactly which — You're talking kind of general terms. John: Oh, no I'm not. Page 16 of 34 Packet Pg. 376 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript Jim: Okay. Where was the 78,200 — John: Picture Collier Boulevard. Picture Davis Boulevard. [00:37:00] North of Collier, heading to I-75, right after that, there's a traffic counting station. 78,276. Jim: The current count is not 78,206. John: Well, I can call it up. Jim: I can guarantee you it's not 78,200 — John: Well, I think you should call Collier County because — Jim: I have the traffic numbers — John: And what are they? I took it off their website. So, their website must be wrong. That's all I'm saying. I'm dealing with faulty information form Callier County's website. Jim: Sir, you live in the area. Do you seriously believe there's 78,000 cars on that road today? [Murmuring] I can assure there are not. Here's what I will say. Collier County continuously, every year, counts traffic on all these roads. My report reflects what the current traffic volumes are. Regardless of what number you're saying is true or not true, what I'm telling you is our report is based on this past year's traffic count that they took in that area. [00:38:01] We also — We also — We also county for road trends. So, when you say I don't account for future developments, that's not true. What we do is we look at the historical growth trends that have occurred over the past 10 years. And those growth trends are expected to continue at those same rates over the next 10 years. My report does account for those growth trends, which accounts for future development in the area. Did I specifically call out Stocks Development? No. But we are projecting forward that traffic on Davis, Collier, I-75, all those roadways will continue to increase. And my report does take that into account. Now after we — If this project is resolved and we're allowed to move forward with the multi -family project, when we go into obtain our development permits, I have to analyze all those roads again and make sure that what we are —what the county calls at current. Page 17 of 34 Packet Pg. 377 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript [00:39:04] In other words, there is adequate capacity to accommodate our project. If there's not, then we would have to mitigate and/or get involved with getting additional improvements funded to upgrade the road system to where there is [inaudible - crosstalk] [00:39:201 And I've been doing this for 34 years, people, and I can assure that time and time again, the county and the state is always a little bit behind the curve. But they always step up and move forward with improvements. Now, they have substantial improvements planned for the I-75/951 interchange. I don't know if you've looked at those. So, that is supposed to alleviate a lot of the congestion that we're seeing today. That's on their five-year work program. So, hopefully, in five years, those improvements are going to be done and traffic through that area is going to flow better. Now, with all that said — [00:39:59] John: I want to jump in. I know you're on a roll. But as far as the numbers off, I took Rattlesnake Hammock down to Davis, 4200 plus, 2020, first quarter. Then I added traffic coming down Davis headed east, added those numbers together, and I didn't have counts for Beck. So, I came out with numbers 78276. Jim: Okay. So, you're adding the various numbers on the different lengths to get — John: No, no, no. I took the number after Davis and Callier. That number was 78,726. That's all. One more question and then you can keep going — Jim: And I'm just telling you we all — we all drive through Collier every day. You know how much traffic is out there. So, if you say 78,000 or 780,000, it doesn't change the conditions that you see out there. So, I'm not going to debate with you that it said 78,000. It doesn't matter. We know what the traffic looks like out there. So, go ahead. John: Okay. What is the growth rate in traffic, what do you project? [00:41:02] Say you projected — Say your growing at an average of what percentage a year? Jim: I think it's at two and a half or three percent that we're — John: Okay. So, again — Page 18 of 34 Packet Pg. 378 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript Jim: I'd have to check — John: Assuming the Collier County website numbers are correct, I took the numbers from 2010 to 2020 and I got a 40% increase in traffic, which is roughly four percent a year, if you do the simple math. In other words — Jim: So, you're saying the — John: 2010 to 2020, I took the numbers. I added — got a percentage increase of 40% for the total, between the 10 years. Divide by 10, I got four percent growth, not two and a half. Jim: Sure. But we compound it annually. John: Oh — Jim: No. John: I know. Jim: That's exponential. John: So, it should be — Jim: Right. So, your four percent number is higher. I'm doing — John: I'm going to the county for real numbers. Jim: I know. I'm compounding annual. You're doing a simple compound. So, there is a big difference. [00:42:03] John: No, there is. Jim: So, what I'm saying is we probably have about the same growth rate in there. I'm doing — I'm compounding it annually. You're just doing a 40 % — John: Okay. All I'm trying to get across is that we're adding more traffic. I know residential does not generate as much as commercial, supposedly, suddenly, but 280 units, what do you estimate three — three — two vehicles per unit? One and a half vehicles per unit in Page 19 of 34 as Y M a Q. Y M m c M Q a m Q c as E a Packet Pg. 379 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript generally now — Jim: We will generate 148 two at peak hours — So, in the highest PM peak hour, we will generate 148 trips. The commercial, if it's developed today — Just so everyone's clear, this project already — This property is already zoned commercial. They could have gone ahead and moved forward and start building commercial. And that will generate almost four times the amount of traffic at the residential — [murmuring]. [00:43:00] So, all your concerns about traffic getting in and out of your subdivision and how much this impacts Beck Boulevard and 951, I assure you the traffic impacts to those roads will be significantly greater if the project is developed as commercial versus the proposed multi -family. We — from a traffic standpoint, from a traffic standpoint, we are down zoning the project. We are actually asking to build a less intense use from a traffic standpoint. John: And the only other thing that I would recommend is that the county takes another hard look at the Florida DOT preliminary engineering report, look at those numbers, look at what's out there today. And I think they should adjust accordingly before they move forward. Jim: Okay. Thank you. [Applause]. [00:44:001 Jessie: Good afternoon. My name is Jessie Moreno. I've lived in Forest Glen for 22 years. Currently, um, I've been retired for 22 years but I still [inaudible] [00:44:221 And all these plans that you talk about, the traffic, the buildings, you're overlooking one important thing, external obsolescence. External obsolescence will devalue our property because we have no control over the outcome of it. Once you build those there, however you're going to build them, it's going to devalue our property through external obsolescence because we have no control of how the property is going to be used. [00:44:561 So, the long and short of it is whether you decide how many cars are going to be there, the number of buildings, the number of people, anytime that you don't have control of your property because of circumstances that are being built adjacent to your property, that's external obsolescence. And it does diminish the value of our property. It will diminish the value of our club, of our golf course. You intend to put a pool and the buildings, I'm assuming, are going to face towards our golf course. So, you'll be able to enjoy the view Page 20 of 34 Packet Pg. 380 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript of the golf course. Correct? Possibly? Wayne: Possibly. Jessie: Okay. So, that would be — If I were building those, I would want the people who are going to buy them to have a wonderful view of Forest Glen. However, Forest Glen doesn't belong to them. In real estate, any plot of land that you own, you own all the mineral rights right down to the core. [00:46:00] And you own the sky as far as you can see. So, in essence, they're infringing on our side. And if they want to do that, if a developer wishes to use our side as their — to show that it is a nice view, maybe they should buy it from us, the sight, the air rights. Or we can possible lease it to them at a reasonable price, say $50,000 a month. What do you think? [Applause] Just a thought. They are our air rights. And that's our air. It's our land. And this construction is going to result in obsolescence, that's external obsolescence that's going to devalue our property. So, I don't like it. Thank you. [Applause] [00:47:00] Angel: I think it's time to hear from a woman. [Applause] My name is Angel Melaneti. I'm from Forest Glen. The gentleman from Bainbridge suggested that the people living in your proposed community will be much like us. Does that mean that it is an over 55 community? Is that proposed? Wayne: I'll let Nat answer that question, but I don't believe it's going to be age restricted. Angel: So, it is not age restricted. Wayne: He's shaking his head. Angel: Okay. So, that means, and I don't know if they are two- or three- or four -bedroom units. But let's suggest that we have lots of little children who are living there. As one of our members suggested, we're not the greatest golfers in the world. It would be really nice if we hit those children with our golf balls. That would be really great, especially as they are sitting at the pool with their moms and dad. I'm opposed to this project. [00:48:00] I think very little thought has gone into all the ramifications of it. Page 21 of 34 Packet Pg. 381 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and P1-20200002303) 5-20-2021 NIM Meeting Transcript Thank you. [Applause] Yugo: Good evening. Yugo Looney. I reside at Forest Glen. Question, this high, ah, end unit, as you describe it, is there any plans for low income units within this complex? Wayne: No, sir. There is not any plan for that. These are market grade rentals. Yugo: One other question. This building primarily will be facing to the north, right? That new flyover that we will have, connection to 75, where is that? Will that be right in front of the building, across the street? Wayne: It is obviously, it is going to parallel the existing Collier Boulevard. [00:49:00] When the DOT took right of way, so on the left side of that exhibit, there will be an entrance road. It's going to be on the other side of the canal, as I understand it. Yugo: Okay. So, I mean you'll physically — I mean, you'll be able to see it from the building? Wayne: I wouldn't doubt it. Yugo: Does that affect marketing the building at all? Wayne: I can speak in general, I'll try to answer that question. Yeah, absolutely it does effect marketability. But location is location. And this is a great location for getting access to I-75. It's 10 minutes from downtown Naples. It's a really convenient, well located property for residential use. Yugo: Thank you. Of course, I'm opposed to this, ah, switch in zoning. [Applause] [00:50:00] Tim: Hi, I'm Tim Michinger, I'm the past president of the board of Forest Glen. Um, I've got a couple of questions regarding a comment you made earlier about parking. Maybe getting a dispensation for the requirements the county requires. My question is how many parking places are you going to allot per unit? Wayne: I'm going to let Nat answer that question. Bainbridge has done Page 22 of 34 Packet Pg. 382 9.A.1.c Forest Glen of Naples PUD (PI-20200002302 and PI-20200002303) 5-20-2021 NIM Meeting Transcript thousands of units around the country. Nathaniel: Sure. Um, for this particular plan, the one that you see in front of you, I believe the parking is about 1.8 car — vehicles per unit. Wayne: So, you'll have roughly 1.8 cars per unit, so you've got 280 — You've got 500 cars. Nathaniel: Yeah, what we're proposing right now is 244 units, but more or less, yeah, that makes sense. Wayne: One of my issues is the documents that govern Forest Glen required the members to maintain the water management and the surface water management program. [00:51:08] You indicated that the runoff from your property is intended to come back towards Forest Glen and go into our lakes. And then from the lakes, into the canal out in front. During the high season of rain, um, hole 16, the ponds along hole 16, um, are absolute top level. I mean, there's no room. And even in hurricane season, when we have hurricanes, the fairway is flooded already. So, if we're going to add runoff from a parking lot that will hold 500 cars added to what we already have — that's a conservative number. [00:52:00] Because it's going to be my responsibility and the members to maintain all of that. Our surface water management also includes our streets, which we're responsible for. So, this will add a lot of expense to the members of Forest Glen in the years to come. Um, the other — Wayne: So, I can address that just broadly. The — The original property was all planned, intended to go to the same system. So, the engineering behind it is supposed to already account for this. On top of that, the regulation changed in between when it was initially approved and what we're doing right now. So, we do have some onsite storm water systems, um, that haven't been fully developed. It still needs to go to the water management district, and the county. And they'll review it against all the regulations that they have in place. And, of course, we have to follow those regulations in order to get a permit. So, I think everything is above board with storm water — [00:53:00] Yugo: I know there's a creek running along Beck Boulevard there. And think that ends up going into Henderson Creek. But if this happens, Page 23 of 34 Packet Pg. 383 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript it would be much better for us if that water ran that way instead of back towards us. Because we can't handle any more water. And also, because this is Naples, Florida, if you're going to have high -end apartment units and I think Aileen asked, I don't know if they are going to be one bedroom, two bedroom, three bedroom or four bedroom are in that, we get a lot of company in the winter time, as you can imagine. I would imagine if it's a high -end complex, those folks are going to get a lot of company. I don't think you're going to have enough parking places for the extra cars. Which, you need to take into consideration if you're going to do this. And all that adds is more runoff. [00:54:00] And Jim, I've worked with you for a long time. And I know that your numbers are accurate. So, I will say that. Jim worked for Forest Glen on our front entrance, um, for a couple of years. He helped us get our front entrance back. So, I take your numbers as very well thought out, Jim. Jim: Thank you. Yugo: So, keep working for us. Thank you. [Applause] Nancy: Hi, I'm Nancy Thomas and I'm a resent of Forest Glen. And I listened to you when you started this whole presentation. And you convinced me that is absolutely the highest and best project for that corner is residential for the south of that property. It is, in my opinion, not the highest and best for us at Forest Glen. If we want to support the seller, that's great. [00:55:001 But I want to support my neighbors and the people that I live beside. I would see 100,000 square feet of commercial. And it doesn't mean that there's going to be 4500 cars coming, going. It could be a medical office. It could be an attorney. I don't know that it's going to e retail. But I'd rather take my chances and keep my 100,000 square feet of commercial rather than 280,000 square feet of residential. I just don't see it. And I know the seller would really like to do this. Your company would really like to it. But I have to say I disagree with it and I oppose it, unfortunately. [Applause] Mark: Thank you for doing this. I know it's not easy. Wayne: Absolutely. It's part of the job. Mark: We live and we're pretty passionate about it. My name is Mark Russell and I've lived in Forest Glen for 20 years. Page 24 of 34 Packet Pg. 384 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript [00:56:011 Clearly, the community is changing. But I have a question on this plan. At the moment, ah, Buildings I and Building 2 are located the absolute closest you can get to our property line. Would the developer consider slipping those and moving them closer— further away from the property line, therefore saving some of our sightlines? Wayne: I'll let Nat take a shot at it. Nathaniel: We — We've done several iterations of this site plan internally. You know, we appreciate the view of the wetlands and of the water. That's particularly why the buildings are in the location they're at. You know, we're obviously open, um, to hearing any suggestions that — that residents and the community want to make. Um, but, you know, we can't, obviously, commit to anything right — you know, this evening, so. [00:57:00] Mark: Okay. So — So, early you mentioned that we're in this together. But you're not utilizing our benefit to maximize your benefit. So my request, to be honest, would be your showing some parking, some covered parking, what about putting that along our property line and moving that building back to say 200 to 250-foot setback and at least giving us some breathing room from those buildings? Nathaniel: We'll certainly look at any site plan. And we just have to evaluate it further. I, obviously, can't say one way or another right now. Mark: Okay. Second question was on the traffic counts. I am not a traffic engineer, so I'm going to get this slightly wrong. But I believe I heard you say that you were building highest peak period? Jim: Yes, PM Peak Hour. That's the typical time we analyze. Mark: Right. So, I get why rush hour, you're studying that. [00:58:00] But this is a residential complex. So, these cars are going to be coming back and forth all day long. I all a business on Beck Boulevard. I own a commercial business. My employees come to work in the morning, they leave in the afternoon. The residential folks, we come and go. So, I would suggest that the traffic impact is actually an all -day impact from residential versus a commercial, which typically would be during two periods of time. Page 25 of 34 Packet Pg. 385 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript Jim: Okay. Mark: Thank you very much, appreciate it. [Applause] Wayne: Any other questions? Down here, we've got to several people online and I'd like to get to some of the Zoom participants to see if they have comments. Paula: Hi, I'm Paula Garten. I also live in Forest Glen. Just one quick question. And I guess this is really for the zoning board member who is here. And that is what percentage of the zoning — rezoning requests have been denied in the last 18 months? [00:59:02] Wayne: This is Wayne Arnold. I'm going to speak for Mr. Shay, since he would be a juror in this if we were trying this case. He's probably not going to participate. Paula: Give me an estimate. Wayne: I don't know that I have an estimate. Obviously, there's a lot of development in Collier County. Not that many projects get denied. It does happen. Paula: Sir, you've answered the question. Thank you. Clearly, I'm opposed to this project. Thank you. [Applause] Wayne: Anybody else at the moment? Okay, come on up. Wade: Hi, my name is Wade Kowalski. I'm Paula's neighbor. Um, opposed to it, yes. Question I have, in the last several years, we've had, ah, two fire incidents where we had to evacuate Forest Glen. [01:00:00] And the county took the Amazon to stage all the fire department from and they closed Beck to fight the fire from that point. I think it's a huge safety hazard building that complex there. They don't have two egresses. And I've addressed that with the county. I'm a resident of Florida and I oppose the project. [Applause] Wayne: Sharon, do you want to see if anybody on Zoom wants to ask a question? Sharon: Can you ask them? Page 26 of 34 Packet Pg. 386 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript Wayne: If you're on Zoom participating and you would like to ask a question, would you unmute yourself? If you have no questions, that's fine, as well. [01:04:00] There are several people on the chat. Sharon: Yeah, there's people — There was a question earlier, but it was answered. Um — Wayne: I'm not seeing any questions on Zoom. So, anybody else downstairs have a question, comment. Upstairs, okay. We have a microphone up there. If you wouldn't mind speaking into that. Paul: I just had a couple questions. Wayne: Would you please provide your name for us? Paul: My name is Paul Envy. I also live at Forest Glen. I have a couple of — just minor questions. How many square feet of property are you going to build on? Wayne: I don't know if I have that calculation. It's a conceptual plan that the Bainbridge group has prepared. But the total property is about 9.6 something acres. Paul: I'm just curious, how much square footage is your building going to take up? [01:02:02] Wayne: I don't have an answer for you based on that plan. Paul: And what about the, ah, the property — not the property line. The forest where the animals live and the wetlands? What are you going to do with them? Are they going to be — Anything going to be built on them at all? Wayne: The small wetlands area that's located on the southeast portion of the site is going to be retained and utilized as a wetlands system. With regard to the animals, I don't know. The inventory that was prepared and identified. The county will make us put together a black bear management plan, a fox squirrel management plan. Page 27 of 34 Packet Pg. 387 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript Things of that nature are required as part of the county process, just as your — your portion of your community when you developed. Paul: Okay. Because I'm looking at this picture here. And from the looks of what I can see, there isn't going to be much property left over after you do all your building. [01:03:00] And you say that the gentleman that owns it, the group that owns is are going to keep commercial rights to it also? Wayne: The idea is this gets added as a residential option for development. Yes, sir. Paul: Anything I heard tonight, from anybody downstairs or any of your people, you have taken into consideration zero for the people of Forest Glen. Wayne: I would say to that comment, we have tried to be sensitive to your golf hole and the playability of that. We obviously, we hold these meetings to get feedback from you, so we can go back and consider comments we've had to see if we can improve our plans — Paul: I don't see where you say you've taken consideration of our golf course into consideration when you're putting two buildings right up against it. Wayne: I think you heard the Bainbridge representative say that that building is 100 from your cart path. [Muttering] [01:04:00] Paul: [Inaudible - crosstalk] [01:14:001 golf course. There again, I'm saying, from you're saying, you took no consideration at all for the people of Forest Glen. Wayne: Sir, I wouldn't say that. Paul: From your statements, you can ask anybody in this room, and they're going to tell you the same thing. You have not given us any consideration at all with the building of this property. Wayne: Sir, this is the first time that you've had an opportunity to hear what we're proposing and see the site plans. So, we can take from this meeting, your feedback and try to improve on what we've provide. It's why we hold these meetings. Page 28 of 34 Packet Pg. 388 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript Paul: I, like everybody else in this building, am opposed to this. I think it's a bad idea for Forest Glen because you don't have any consideration for us at all. [Applause] [01:05:001 Sharon: I have a gentleman, Robert Succulor. He wants to ask a question. Wayne: Okay, go ahead, Mr. Succulor. Sharon: Go ahead, Robert, you can unmute. Robert: I was just wondering if the building — Sharon: Hold on. Okay, go ahead. Robert: Building 2 and Building 4, Building 4 could be the L-shape and Building 2 a straight building to keep further away from our property line. Wayne: I think what the gentleman from Bainbridge said was we could certainly look at other site planning options. This is one that they've developed, they like. But it doesn't mean they can't take another look and see how we might improve on the comments you make. [01:06:00] Thank you for your comment. Sharon: You can see if anybody else has a question. Wayne: Anybody else on Zoom have a comment, a question for us? Sharon: If you do, please unmute. Wayne: Anybody upstairs — Okay, yes, ma'am. Female Speaker 1: Are you building a large gym in your clubhouse? Is there any way we can do a shared facility? [Laughter] Sharon: She asked if you could do a shared facility with the clubhouse. Wayne: I'm not sure how to answer that question. I don't understand the context — Sharon: Can you please repeat your question? [Laughter] Page 29 of 34 Packet Pg. 389 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript [01:07:00] Female Speaker: My question was if you're pool is going to be big and you're building a larger gym, could we do a shared gym facility. Wayne: I don't think that's intended, ma'am. No. Sharon: Does anybody else have a question that's on Zoom? Upstairs. Wayne: Okay. Yes, sir? Mark: So, my name is Mark Hofflan. A fairly new full-time resident of Forest Glen. I've been here for eight years. But the, ah — My question has to do with the security of our property. And you're saying you're going to build a six-foot fence. That's going to stop somebody — We are a gated community. And we have security reasons and concerns. [01:08:001 And I was just wondering, is there any other plans other than a chain link or whatever fence you plan to put in to provide security to keep people out of our development? Wayne: I can say that Nat indicated they were looking at doing an opaque fence, six to eight feet is what they do typically. And I don't believe we would offer any type of gate other than maintenance access to get out of their residents. There'd be no reason for us to come out of the community onto your property. Mark: And the distance next to the 16 green and everything, how — how big is that? How — how big of an area are we talking? Wayne: The dimensions that are on there, from building edge to the cart path is about 100 feet. Mark: Well, that's distance from there. I'm talking about the length of the fence. How long would that actually be? Wayne: That I don't know. Nat, I don't know if you have the linear distance of that fence. [01:09:00] Nathaniel: Sure. The fence actually circles the entire property. So, we have gated access. Again, we are going to get feedback. If a wall is Page 30 of 34 Packet Pg. 390 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript something that the residents think is needed, that's certainly something we would consider. If six feet isn't the right height, if 10 feet is the right height and that's going to make the residents happy — I'm not saying we can do that. But we just want to hear what — what you all have to share with us so that we can take that back and go back to the drawing board. Mark: So, I'm opposed to this. But my concern was the security of that area for our complete development, so. Wayne: Sure. Thank you. [Applause] Anybody else on Zoom? Sharon: Is there anyone else on Zoom that would like to ask a question? Wayne: Any other comments in the audience down here? [01:10:001 Otherwise, we're going — Female Speaker 2: I have a question. Wayne: Okay. If you'll come to the microphone, ma'am. Female Speaker 2: I have a comment. Wayne: So, ma'am, upstairs, there's a person at the microphone. So, we'll let her go first. Colleen: Hi, my name is Colleen Kern. And I reside in the Jungles on Five East in Forest Glen. And I want to go back to the issue of, um, congestion and traffic. Specifically on Beck Boulevard. As we've discussed earlier, there's going to be that whole new 75 interchange. And the construction will be on Collier Boulevard. It will start about our front entrance and work its way towards 75. That — With all that construction, many and most of the residents that live in there, and we're799 doors, will be using the back entrance and Beck Boulevard. [01:11:011 So, instead of really having access to two entrances and exits, there'll be one adding to the traffic pattern on Beck. And I am opposed to this project. [Applause] Carolyn: I'm Carolyn Henderson. My husband Michael and I are both opposed to this project. Um, one of the major reasons is because of what was mentioned before where you're giving the residents of this new development the view of our community without consideration Page 31 of 34 Packet Pg. 391 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and P1-20200002303) 5-20-2021 NIM Meeting Transcript of our community's view of that development. And the other thing that bothers me too, is that because of the Amazon big enterprise across the street, there may be a lot of employees, and these are family people, these are young people. And families may try to move in there or occupy that as opposed to seniors or whatever. [01:12:04] Meaning children, like the one lady said before. When there are children you have school buses. I just want them to realize that the school year is September to May, which is a high season year here in Naples because a lot of the snowbirds that come down at that time. So, hopefully, they're adding that to their traffic consideration. That's all I want to say. [Applause] Nathaniel: Just briefly, I know you can't see it on the graphic here, the nearest home to this property is actually about 750 feet. And, um, between our property and that nearest home is the — the overhead power lines. So, I just want to make sure everyone's aware of that. Wayne: Yes, sir, come on up. [01:13:00] Tony: Hi, my name is Tony McGriff and I'm a resident of Forest Glen for about the last 12 years. And, um, my experience tells me that the more people you have in a designated area, the more crime there is. Have you ever done a study on the UCR reports by the FBI about the crime impact on your proposed buildings? Wayne: I have not reviewed them, no sir. Tony: Second thing is I live on Berry Brickle Lane, which, since most of the residents will be using the back gate, becomes a main thoroughfare of Forest Glen. So, I am definitely against this project. [Applause] Wayne: Any other Zoom comments? We are going to try to wrap up, if we can. It's almost 7:00. Any other questions or comments or anything new that hasn't been said that we can take away and come back and try to improve? Jenny: Hi, my name is Jenny Levaldo. I've been a fulltime resident for nine years. [01:14:011 When we first moved here, one of the things we really like about this area was that it wasn't developed as some other parts of Naples. Page 32 of 34 Packet Pg. 392 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript And that's gone to hell in a handbag. But one of the concerns, I like to ride my bike up and down Collier and the canals were spotless. Well, they're a mess now. And I can't even imagine with 280 units what the impact of garbage is going to be on these canals. And who is going to do something about that? And the other thing is that the gentleman mentioned when we have fires and we had to leave quickly, um, at one point they closed the front gate. Our only egress was Beck Boulevard. And we were in traffic in our development for half an hour to get down Beck Boulevard. I can't imagine if we had another 300 cars ahead of us and the fire had been worse than it was. We were very lucky. But it still took us a half an hour to get out of our own development onto Beck. [01:45:02] So, that's a concern. [Applause] Wayne: Anybody else before we adjourn the meeting? Sharon: Do you want to let the Zoom people they can email me with any questions? Dan: Hi, I'm Dan Peterson. I've been a resident at Forest Glen for the last 20 years. I heard a lot of your comments. A lot of benefits to utilizing this property that way. But can you provide me with one benefit to Forest Glen. Just one. Wayne: Well, I think the benefit for Forest Glen is you're going to get a known entity at the end of the day. Right now, you've got a commercial list of uses that can be extensive. You might not like all of those. You might not like them as a neighbor. At least with this, you know exactly what you're getting. [Murmuring] [01:16:00] Dan: Thank you. Wayne: Thank you. Dean: I'm Dean Berry. I live in Forest Glen. I'm wondering, have you done a study with the, ah, 750 feet from the building to Periwinkle on the line of site. Right now I've got a preserved view. Am I going to, in a few years, look out and see three stories of a 50-foot-high building out there? Have you done an impact study on that? Page 33 of 34 Packet Pg. 393 9.A.1.c Forest Glen of Naples PUD (PL20200002302 and PL20200002303) 5-20-2021 NIM Meeting Transcript Wayne: I don't know if Nat's group has looked at that. But the sightline from your building. I'm sure if you would — I'm sure if Tim or somebody would allow us in the gate, we could take some photos from some of the yards and we'd be happy to do line of site. Dean: Because I'm almost straight to Building No. 1. And I really don't want to look at any building. Wayne: I do this a lot. And I'm guessing at 750 feet on a four-story building, you're not going to see anything you wouldn't have seen if it isn't a commercial shopping center because they are the same height. [01:17:00] Dean: I am opposed to this project. Wayne: Thank you. [Applause] If you're on Zoom or if you're in here and you have other comments that you'd like to share with us, feel free to email Sharonumpenhour&gradyminor.com. And the contact information, I'll put it up again. If any of you would like to take a photo of that. Anyway, with that, thank you all very much for coming out. We appreciate all the feedback and comments. [Applause] [End of Audio] Duration: 78 minutes Page 34 of 34 Packet Pg. 394 O CL ;o ualE);saaoj - ZO£ZOOOOZOZld : U17tZ) 403i3ed dn3joe8 uoi;eoilddV - 8;;d :}uewLjoejjv N O M N O O O O N O J 0 N O N O ;o ualE);saaoj - ZO£ZOOOOZOZld : U17tZ) 403i3ed dn3joe8 uoi;eoilddV - El jjV :}uewLjoejjv N f � T! 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For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and co y of newspaper advertisement which are hereby made a part of this Affidavit of Compliant . Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this August 17 2022 by Sharon Umpenhour as Senior Planning Technician, who is personally known to me. (Signature of,,Xotary Pub Carin J. Dwyer Printed Name of Notary GARIN J. DWYER MY COMMISSION # GG 982367 Smded ihru Notary Pubk Undetw hers Packet Pg. 410 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20200002302 — Forest Glen of Naples PUD Amendment In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing BBP Realty, LLC and Naples TLR, LLC (Applicants) will be held September 6, 2022, 5:30 pm at Shepherd of the Glades, ELCA, Hanson Hall, 6020 Rattlesnake Hammock Rd, Naples, FL 34113. BBP Realty, LLC and Naples TLR, LLC submitted a formal application to Collier County, seeking approval of a Planned Unit Development (PUD) Amendment to add warehousing and flex space uses in addition to the previously approved commercial uses and to add an alternative master plan if warehousing and flex space uses are developed. The subject property is comprised of 9.6± acres and is located at the southeast corner of Collier Boulevard and Beck Boulevard in Section 2, Township 50 South, Range 26 East, Collier County, Florida. Davis BLVD } Beck BLVD 1`75.5 3 gay ❑� 1 'ti�1 ❑� SUBJECT a�� .: PROPERTY QD,ye eSCAN� .3 4G6"M E +�� 0LTz 0 Business CIR w 'a � m GO � p Forest Glen BLVD d m 7 m ,� Of D �4 U g Project Location Map If you have questions, contact Sharon Umpenhour with Q. Grady Minor & Associates, P.A. (GradyMinor) by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The Neighborhood Information Meeting is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. Q Q. Grady Minor & Associates, P.A. 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PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 Q GRADY MINOR ASSOCIATES PA I EEceveD 3800 VIA DEL REY BB��TA SPRINGS, FL 34134 AU6 Z Z 2D�2 Q. Gra dy Minor & Associates, Affidavit of Publication PA. STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 0/1712022 Subscribed and sworn to before on August 17th, 2022 Notary, State of Wl, bounty of Brown My commission expires: ,�� f PUBLICATION COST: $1,008.00 AD No: GC10927202 CUSTOMER NO: 531419 PO€t: FGPUDA-21 NIM AD 8/17/22 POSTING AD SIZE: DISPLAY AD W/ MAP 3X10 KATHLEEN ALLEN Notary Public State of Wisconsin Packet Pg. 422 9.A.1.d 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript Wayne Arnold: So, looks like we're on. I'm Wayne Arnold and welcome tonight to our neighborhood information meeting. We're making some proposed amendments to the Forest Glen plan unit development. So, this Sharon Umpenhour at the table manning the control booth. We have to record this for the county, and we do an audio recording and then it's also available on Zoom for some of the participants we have. And I'm not sure how many we have but I think we have several — a couple dozen people registered on Zoom. So, what we'll do is make a brief presentation, answer some questions if you have any and get some feedback in that regard. So, I didn't introduce Rich Yovanovich. Rich Yovanovich was our land use counsel and Jim Banks was sitting up here and just walked out the door. And he's coming back and he's our traffic engineer. And so, that's our team that's here tonight to try to answer any questions and talk about the project. So, last time you may have all participated in this, there was an apartment complex that was being proposed for the commercial tract. [00:01:00] So, now we are proposing to add some different commercial uses and we're calling them flex warehouse and some auto storage uses. But this property's about nine and a half acres. It's already designated commercial. It's part of Forest Glen PUD. It allows a whole variety of office and retail type uses. So, we've kept those intact and then we're also asking for an alternative master plan if we develop what we're calling the flex and warehouse type uses. So, access — still no access internally to your project. It would access only at Beck Boulevard. So, what we've — the request is fairly simple. It's to keep intact the existing commercial uses and then add the uses that we're proposing for flex and warehouse uses and then add development standards for those and a master plan. So, this is what your master plan looks like today. Highlighted in yellow is the commercial tract all the way in the northwest corner of your property. We're only making changes that affect that commercial tract. [00:02:001 And so, that was the existing master plan that you've been developed under. This is proposed master plan and you can see what we have — I'll point to that with the pointer — it might be easier. So, we have — this is again, Beck Boulevard. This is Collier Boulevard to the west and what we're proposing is essentially three buildings. We're calling them flex warehouse buildings oriented north and south here and then one vehicle storage type building that's located toward the southern part of that. Page 1 of 17 Packet Pg. 424 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript And then we've made provisions for enhanced landscaping and buffering. Been talking to some of your representatives for HOA whether or not we can call that out as a preserve or not. Oh, I'm sorry. I'm standing right in front of it. You can't see. So, again, this is the vehicle storage that we're proposing. This would all be landscape buffer and possible preserve area. [Audio cuts out] [00:02:54] Sharon: You're too close to the speaker. Wayne: Too close to the speaker. Let me walk over this way. I'll let somebody else's view get blocked. [00:03:02] But the ... I'll keep moving back and forth. So, that is in essence what we are proposing. So, we had that's an alternate master plan. So, if we develop the flex warehouse space and the vehicle storage, that's the master plan that we would develop on there — so, you would get those three buildings, a larger buffer and preserve and some reduced height for the buildings. We've committed to a 35- foot zoned height for those type of uses. So, this is a long list of the uses we're proposing. The county makes us list by, it's called standard industrial classification manual numbers, but these are all typical of light contractor type offices and some fabrication that would occur all indoors. So, we can't have storage doors that face you and we would make sure all the work is conducted indoors. The doors have to be maintained closed except when people are entering or exiting the building. [00:04:02] Unknown Speaker: Can you turn the microphone louder? Wayne: Sure. Unknown Speaker: Thank you. Wayne: So, we have development standards. This is hard to read at that scale, but we've added some development standards regarding the flex space use. We've added the definition for what flex space is and that essentially says it's contractor type offices — light fabrication — and it has to be conducted all indoors. And hang on one second. So, this is our concluding slide, and this has got some information on it. Our contact information. Page 2 of 17 Packet Pg. 425 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript This presentation is available on our website, at gradyminor.com. Laura DeJohn, I didn't even introduce her. Laura DeJohn is with Collier County as an employee. She's handling the zoning case for us. And Laura's contact information is also on the screen in case you wanna contact the county staff. If there are any questions, I'm happy to answer them. Yes, sir. Male Speaker: [Inaudible] [00:04:571 The buffer zone you're talking about. [00:05:00] Wayne: Mm-hmm. Male Speaker: What's that gonna look like? Wayne: It's gonna be all native vegetation, so we have to remove any exotics that are there. But obviously... Male Speaker: That's kinda a broad statement made, but I mean... Wayne: It hasn't been designed yet, but it's meant to be a natural buffer. So, we'll have trees, shrubs, things of that nature. It's gonna be at least 50 feet wide. It's what our commitment has been. [Crosstalk] Wayne: So, it has not been designed yet, but that's the thought that it's going to be a native preservation. Tom? Tom: Yes, [inaudible] [00:05:331. Wayne: No, please come forward. Use the microphone so we can make sure it picks up. Tom Renali: Thank you. It's just hard to make any type of statement from the back of the room and I know there's folks also on Zoom here and they're highly interested in what's going on this parcel by Forest Glen. Just for the sake of the video for the county so they know who I am. My name's Tom Renaldi. And I service here on counsel to Forest Glen Country Club and Association. [00:06:02] And I just wanted to make sure that the county was aware as well as the residents that are already aware via email from the general manager. But make sure everyone intends — is also aware that um, that Forest Glen will not object to the application as proposed Page 3 of 17 Packet Pg. 426 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript based on an agreement that has been reached between the parties. The agreement hasn't yet been formulated into writing but is in process. Right. And so, as a general outline of the agreement, we just wanna make sure that it's clear that the occupant uses in the future as well as currently and in the future, will remain in the work, with the doors closed. The reason for that of course, is to limit odor, noise, unnecessary light, et cetera. Any type of nuisance that could possibly be created to the neighboring community. [00:07:01] As well as — we know that sometimes there are uses that uh, I'll call spill over, into the outside area and we wanna try to limit that. And the way we view that is if there is uses that aren't appropriate — that they aren't complying — the future tenants or occupants or otherwise — that Forest Glen would be provided with a private write up enforcement. What that means is they can go back to the applicants and say, hey, these folks aren't using the property in accordance with our agreement. Do something about it, right. And so, that will part of the memorandum of understanding. In addition, there have been agreements reached between the owner, developer and Forest Glen as an association, that the design elements will be in accordance with the master plan that's been submitted. Why is that important? Because we wanna ensure that the building elements are correct. [00:08:021 And are A, aesthetically pleasing to the community. In fact, there's a — there's a development across the street that is quite similar to that and we wanna make sure that remains substantially similar to that other property. We wanna ensure that the height of the structures remain consistent with the master plan because it's very important to the community at large that the buildings remain just one story now and, in the future, if anyone is to come and purchase the property. We also wanna ensure that there aren't additional structures added to the roofs that would be visible to those that are playing golf. For instance, a power pole, cell phone towers, et cetera. We just wanna ensure that these become our — remaining consistently low -profile buildings. In addition, there's gonna be construction there and I appreciate that you mention the landscape buffer area. [00:09:00] It is imperative that any plants that are destroyed throughout the construction process, that they are replenished and, you know, we've also discussed the importance to the community at large that that buffer area be designated as a preserve. Now, we can't control that. I appreciate you can't guarantee that, but we're going to work together — we agreed to work together — to go to the county and the appropriate regulatory authorities to attempt that process. Page 4 of 17 Packet Pg. 427 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript To have the buffer in between the properties designated as a preserve and that the county doesn't designate it as a preserve or if the water management doesn't designate it as a preserve, or the appropriate regulatory authority, then we'll come to internal agreements amongst us that would allow it to be maintained inperpetuity. Okay. And that's for the benefit for all of the residents. Now, all of these terms — of course, we've reflected in a memorandum of understanding — that would be — and a notice of that would be recorded so that future owners will be aware of the rights of the community and the obligations of the future owner. [00:4 0:04] And in addition to properly reflect the agreements between us, we're just looking forward to the building application will need to be amended — we'll work with you on that process. So, we thank you for your time. Wayne: Great. Thank you. Tom: Okay. Wayne: Thanks very much, Tom. Whoever wants to come forward, if you could come use the microphone, it would be appreciated. Sir, in the blue shirt back there. Male Speaker 1: Yes, I can make that. I just had a quick question. Wayne: Well, we need to get it recorded so everybody can hear. Male Speaker 1: Okay. Drainage was a big issue from the last meeting, and I'd like to know about drainage. [Crosstalk] Male Speaker 1: Yes, my question was about drainage. How is this property going to be drained? And before I know, there's concerns that it would be drained into the golf course and so I have some concern about the drainage for this project. [00:11:02] Wayne: Yes, we haven't designed the drainage yet, but this property was part of the master permit for all of Forest Glen and your water management system is controlled in the series of the lakes that are in your golf course. So, we're going to be discharging somewhere into what they call a backbone water management system. Page 5 of 17 Packet Pg. 428 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript Male Speaker 1: Why wouldn't you drain into the canal? Wayne: This system was designed originally to handle water flow from the site in through your golf course lakes. There may be an opportunity for us to discharge directly into the canal, but right now, the permit says we should drain into your golf course. Female Speaker: I thought that wasn't purified enough for that requirements? Wayne: The question was is it purified for those requirements. We have to do pretreatment on site. You have to do water quality pre-treatment on your site before we can discharge off site. Male Speaker 1: Is the county going to approve this point or um, why isn't this an amendment of the PD? [00:12:00] Wayne: It is an amendment to the plan development and we're adding the uses that I described in the alternate master plan. The county review process — once we get past zoning — will be administrative. They'll approve a site development plan that will have a full set of engineered drawings, architectural exhibits, things like that. Male Speaker 1: Yeah. I think drainage is such a big concern. Wayne: Okay. Thank you. Female Speaker: I have a question. Wayne: Yes, ma'am. Female Speaker: I wanna know as the traffic comes off of Collier and onto Beck, now we have two lanes that go into one, and I wanna know how you're gonna get your people going into another — is there gonna be a third lane over there for them to turn off of or how's that gonna work because it's already kind of a dangerous corner? Wayne: Well, Jim Banks is our traffic engineer, but I think he's gonna tell me that we'll have to provide a right turn lane into our site at the driveway connection on Beck Boulevard. Yes, ma'am. Female Speaker 1: My question is — my question is, is this property being maintained by one company or one owner? Page 6 of 17 Packet Pg. 429 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript [00:43:05] And therefore, the buildings would be rented out. Or are the buildings going to be sold and owned by different um — different owners for their own personal needs? Wayne: So, there is an opportunity for those buildings to be condominiumized so that you could buy a unit. They could also be leased, but the owner developer does both. And I don't think they've made that business decision yet whether or not it's going to be sold as condominium units. But there will be restrictive covenants as your attorney mentioned. There are going to be certain controls in place that will give you some enforcement authority if it's not operated in accordance with our agreement. Female Speaker 1: So, I basically had two questions. One is how flexible is flex use? That seems like such a general term to me. I have no idea after listening to everybody what kinds of businesses are actually going to go in there. [00:44:04] And my second question is what is — I can't even read it — automobile storage units? What kind of automobiles are gonna be stored? Is that like a parking garage or? Wayne: No, the auto storage places — there aren't that many of them in our community yet, but there are a lot of places. There are a lot of people that have multiple cars. They're always looking for places where they can be stored. So, these would be storage units for vehicles to be parked in. So, if you ever decided you wanted to invest in a luxury, you know, old classic car, you know, you don't have room in your garage. You could buy or lease one of those storage spaces for it. Female Speaker 1: And how flexible? Wayne: And the flex space — it's really hard to read there, but there's a whole bunch of numbers. They reflect a whole bunch of different contractor type users that could be there. So, it could be a contractor. You've seen some of the space where they may have some warehousing behind and just have their office area in front. [00:15:03] And then they would have some indoor area for storage and equipment. And maybe they would do some light assembly. And if they were a screen guy, maybe the screen guy installs screens and frames there. But we've made a list of a number of those uses that I'm pretty sure your attorney's gone through all of the standard industrial classification code. We had — we still don't have an approval by Collier County staff. It's still subject to their review Page 7 of 17 Packet Pg. 430 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript and refinement, but we think we're on the right path here. Yes, sir. [Crosstalk] Oh, I'm sorry, this gentleman was ahead of you. Sorry. Male Speaker: Uh, can you go back to the other — right there. There is six to nine acres of land and there's three buildings there. My first question is, how big are these buildings and how many units are in each building? Wayne: Well, I don't think it's been designed in terms of the number of units because they can be divided up into multiple. Male Speaker: I understand that. Wayne: But there's 100,000 total square feet of square footage there. That's what's been approved today. [00:16:031 So, we're not increasing that square footage. Male Speaker: Okay. So, that's per building? Wayne: No, that's total in that nine and a half acres — 100,000 square feet. Male Speaker: Okay, thank you. Wayne: Mm-hmm. Male Speaker: Hi, my question is — yeah, sorry. Collier Boulevard — there is currently plans for a fly over, over Beck Boulevard. Wayne: Yes. Male Speaker: Where is that in relation to that building on the left? Wayne: Well, the area that we're showing — that's all water management area we're proposing so that flyover is going to elevate that midway through the side of the straightaway like that. So, it won't have any impact on the buildings themselves that are shown. [00:17:00] Female Speaker: Could we have paper handouts of these slides available at some time? Wayne: If you would contact Sharon Umpenhour, we'll make sure you can get an electronic copy, or we'll be happy to mail you a hard copy Page 8 of 17 Packet Pg. 431 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript of the presentation. Whichever you prefer. [Crosstalk] Sharon: I think you have to stand over here. Male Speaker 2: I have two questions. First of all, your buffer area, how wide is that gonna be between your property and our property? Wayne: It's at least 50 feet wide. Male Speaker 2: Fifty feet. And the vehicle storage units — when you say vehicles, is that cars or is that cars and trucks or? Wayne: It could be cars, trucks — it may be an RV. Male Speaker 2: So, how tall is that building going to be? Wayne: It's no taller than 35 feet. Male Speaker 2: No taller than 35 feet. And you said 50 feet buffer area? [00:18:011 Wayne: Yeah. And I say at least because that reflects an area — we're still talking to folks about the landscape buffer — what it would be. Male Speaker 2: Being back to back, with a golf course 50 feet? There's not much room. Wayne: Well, right now, the setback is allowed to be 50 feet under the current approved zoning. Yes, sir. Male Speaker: The flex use — when you say flex use — okay, let's say a paving company goes in there, right, and he's got bulldozers or whatever. Okay. You say the doors have to be closed. How [inaudible] [00:18:34]? Are all those equipment going to be parked in that parking lot? Wayne: No outside storage. Male Speaker: No outside storage for those guys whatsoever? Wayne: No. Male Speaker: And how about deliveries in the evening? Page 9 of 17 Packet Pg. 432 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript Wayne: That I don't have any control of — deliveries in the evening. But um, I don't know what to say other than people get Amazon delivery. I got a package at 10 p.m. last night. Male Speaker: I'm talking more like 18-wheelers. Wayne: Oh, 18-wheelers. Uh, I don't know. I doubt if those uses are going to be heavy on — heavy truck traffic. [00:49:02] Female Speaker: We don't have tenants yet, right? Wayne: No, we don't. No tenants yet. Any other questions before we go to see if anybody on Zoom has a question? Hang on this gentleman's got the microphone. Hang on. Male Speaker 3: Can you point out the buffer zone that you're talking about? Wayne: It's right here. Male Speaker 3: What about the buffer zone that's going north or south? Wayne: This? a N T Male Speaker 3: That. LO Wayne: That's uh, adjacent to preserve and golf maintenance area. The preserve there will be probably — I think it's a Sharon — I can't read that. Is that a 15-foot buffer or is that a 10-foot buffer between them? ° c 2 Male Speaker 3: No, that's our cart bath. N N O Wayne: So, that's shows the orientation. Here's that property line. That's all preserve at Forest Glen. That's not part of the golf course. Male Speaker 3: Yeah, we have a cart path that goes through that. c) [00:20:01 ] No, it goes up the side. a� E Wayne: Fifteen? Male Speaker 3: No, it goes up the side. Q Page 10 of 17 Packet Pg. 433 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript [Crosstalk] Female Speaker: I think the start that you're talking about. That's Power Line Road that's owned by FPL. That's access to Tom's shop for golf cart maintenance. Yeah, so that's gonna be — because that's the fire house too. So, then there's Power Line Road, but the part that crosses over power line, but they're not gonna go along power line road. We'll have space. Male Speaker 3: The other question I have — third one. Coming down Beck, coming off of Collier onto Beck. You have two lanes that drops down to one. Somebody else just mentioned that. What are you gonna go for traffic as far as that goes because if not, you're gonna have a lot more traffic coming down those two lanes? Wayne: Well, actually, for this plan, if we go the flex space route, it's gonna generate fewer trips than the retail that's approved to be in there today. [00:21:03] But secondarily, we will be required to put in a right turn lane into our entrance. So, there'll be... Male Speaker 3: Where's that right turn lane gonna be? On Beck Boulevard? Wayne: It will be on the south side of Beck Boulevard. Male Speaker 3: So, that's — it's gonna be on the one lane road? Wayne: We'll have to build a separate turn lane into our [inaudible — crosstalk] [00:21:23]. Just one at a time please. Male Speaker 3: We have 25, 30 feet and then it turns into one lane. Male Speaker: One turns into the water park. Male Speaker 3: Right. But they're gonna be in there. And they're gonna have traffic on that. Wayne: Do you wanna see if anybody on Zoom wants to ask a question, Sharon? [Inaudible — crosstalk] [00:21:561. This gentleman's got a question. [00:22:001 Male Speaker 1: Yes, isn't there a drainage ditch that runs along Beck Boulevard along the edge of the property? Page 11 of 17 Packet Pg. 434 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript Wayne: There sure is, yes, sir. Male Speaker 1: Why can't that be used for drainage that goes to the canal? Wayne: I understand that, but it's owned by Florida Department of Transportation. We don't have automatic rights to discharge into their canal system. Male Speaker 1: Well, I don't think you have automatic rights to discharge into the Forest Glen. Wayne: This property was part of your overall permitted water management system that was going to be the commercial component for your project and still is. And it was designed — your system was designed to incorporate drainage from this parcel. Male Speaker 1: Yeah, how much money are you donating to the county to put this development in? I think — as any development required open space in the — and the plan development is right now is pretty much at the top of the — practically all of it is used up. Wayne: Well, under the current plan, there's no required preservation on the commercial tract. [00:23:04] We're offering that as part of the negotiation we've had with your HOA. Because everybody wanted the privacy for your golf hole and to be a good neighbor, we agreed that we should have more buffering than what was required under the initial plan. Male Speaker 1: But you haven't addressed drainage at all, which was the biggest concern last time. Wayne: I don't have a better answer for you tonight, sir. I'm sorry I don't. The answer is what it is. That's how it's been permitted. Sharon, this gentleman has a question here while you're checking on the Zoomers. Male Speaker: Can you point out where the entrance is going to be in the property? I assume it's not — yeah, it's not where the fire department is. It's before the fire department. Wayne: Yeah, the previous access point approved by Collier County on the last amendment allows it to be aligned with — is that Toll Gate Boulevard, Jim? I think that's Toll Gate Boulevard. Page 12 of 17 Packet Pg. 435 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript [Crosstalk] Male Speaker: Okay. [00:24:02] Wayne: This gentleman here in the back has a question while Sharon's checking in. Male Speaker 4: One last question I have. Wayne: Hang on, I need to get you on microphone. Male Speaker 4: The buffer zone. What's the width and the depth of that buffer zone? Wayne: It's 50-foot wide and it extends across the entire width of the property. So, all of this. Male Speaker 4: Is 50 yards? Wayne: Fifty feet. Male Speaker 4: Fifty feet. What is the depth? Wayne: The depth is 50 feet wide. r Male Speaker 4: No, what's the height then — not the height. You got the width and the depths. 0 E Wayne: The depth is 50 feet. 0 c Male Speaker 4: So, it's 50 feet and 50 feet? z Wayne: No, it's 50 feet wide. So, from the south property line to the north N c it's 50 feet. Male Speaker 4: Fifty feet, yeah. a as y Wayne: And that extends across the entirety of the southern property Q boundary. a� E Male Speaker 4: And how far off the boundary after the first buildings — how far is that distance? Q [00:25:04] Page 13 of 17 Packet Pg. 436 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript Wayne: That distance is probably gonna be about 25 feet off of that. So, the first building are the vehicle storage units here. Male Speaker 4: Yup. Wayne: And I can't read that dimension, Sharon, but I think it says 65 feet? Sharon: Sixty-five and 55. Wayne: Sixty-five and 55. Thank you Jim. Do we have anybody on Zoom who wants to ask a question? Male Speaker: Here's one. Sharon: Does anyone on Zoom have a question? Please — Isabella Renaldi. Isabella: I was wondering if the buildings turn out to have individual owners eventually, I think someone mentioned something about a condo ownership. Who's going to be doing the monitoring and enforcement of any of the indoor work and um, hours of operation, et cetera? [00:26:02] Wayne: So, if it becomes a condominium form of ownership, they will have um, they'll have covenants that govern and there will be condominium documents that can control how they can operate their businesses. And then of course, there's enforcement like Collier County and then there's also going to be an enforcement mechanism by Forest Glen itself. Isabella: And if it's not condo and it's um, a corporate, or building owner, will it be monitored and enforced in the same manner? Wayne: It will other than it may not have condominium declarations that go with it. But otherwise, yes, it would be subject to the same restrictions that will be in the PUD, the memorandum of understanding, and then it will have enforcement through Collier County and Forest Glen. Isabella: And will there be strict operating hours for these individual contractors? Wayne: There probably will be. I don't think we've set hours of operation at this point in time. Page 14 of 17 Packet Pg. 437 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript [00:27:00] Probably will be talking about that but we do not have a restriction in the document today. Isabella: Thank you. Wayne: Thank you. Sharon: Does anyone else have a question on Zoom? Wayne: I see another question here in the audience. We could take a few more questions and we'll try to wrap it up. Male Speaker 5: I could talk loud. Wayne: We have to record it, so. Female Speaker: They have to hear you on the zoom as well. Male Speaker 5: Uh, the [inaudible] [00:27:40] that you have right there. That's the closest area to Forest Glen. I take it that the buffer — that will probably be one story, correct? Wayne: That is correct. Male Speaker 5: Okay. Now, the building you said, they can go up to as far as 35 foot. So, that's basically a three-story building. Are you saying you're going to do three stories or no? Wayne: No. Male Speaker 5: So — because I'm concerned about the visual affect from the golf course. [00:28:04] Wayne: I understand that — and so is your community. Collier County also has architectural standards that we have to meet, which requires us to have a certain amount of indentations on the building, roofline treatments, et cetera. The 35 feet — today the zoning allows 50- foot-tall buildings on the property today. At a 50-foot setback. So, making a concession to 35 feet for the flex warehousing type uses seem like we're going in the right direction. Yes, sir. Male Speaker 4: Yeah, just one last one. I just — after I've — thank you very much. After I've missed by birdie putt on 16, being extremely annoyed Page 15 of 17 Packet Pg. 438 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript and I get into my little cart and I'm going through the cart path. And Wayne, where are you? I think this is what you were saying before. And I'm on that cart path. As I'm driving to the 17 hole, what am I gonna be seeing right there to my left? Wayne: Well, hopefully you're going to be seeing a bunch of vegetation because the way that building is designed — it's going to act as a wall, if you will. [00:29:02] And the uh, property owners agreed to put wing walls on either side of that to make sure that there's a complete barrier between that building and the southern boundary. I think once you — when you start talking about 50 feet width of buffers, it's pretty significant and certainly... Male Speaker 4; Wayne: Male Speaker 4; Wayne: Female Speaker [Crosstalk] No, the buffers I can understand. I'm talking about 35 feet up. Right. I mean, am I gonna be seeing something? You may, but you may not see anything hopefully. Anybody else have any areas we haven't touched on? Yes, ma'am. Vehicle storage unit. About how many vehicles will it house? Wayne: I'm looking at the commercial realtor who's been involved in that. David, do you have any idea how many vehicle bays there might be in there? David: The units are approximately 15 — oh sorry. My name's David Bartley from Bartley Realty. I'm a real estate broker. [00:30:02] Been here for 25 years. The units are approximately 30 feet wide and 50 feet in depth. The doorways to the units are only on the north side. Nothing on the south. So, typically someone's gonna put three or four vehicles in there, would be typical is what I've seen from other flex spaces that we've sold using the same use. Wayne: Anything else? Appreciate everybody taking the time to come out. Yes, ma'am. Female Speaker: Can you just say how many people are on Zoom please? Page 16 of 17 Packet Pg. 439 9.A.1.d Forest Glen of Naples PUDA (PL20200002302) May 19, 2022, NIM Transcript Wayne: The question was how many people are on Zoom? Sharon: There are 24. Wayne: Well, with no further questions, we'll adjourn the meeting and appreciate everybody coming out and enjoy your evening. [End of Audio] Duration: 32 minutes Page 17 of 17 Packet Pg. 440 ;o UGIO ISaJo=l - ZO£ZOOOOZOZld : Z617176 s;uewn000 WIN ZZOZ 94deS - C);;y :;uewyoe;;y M W J Q z U. 0 W J I� h W 04 0 0 F F W CL ;o ualE);saaod - ZO£ZOOOOZOZld : UVVZ) s;uemnooa WIN ZZOZ 94dag - a 44V :;u9uayoe44V Q Q1 IN Q vi Q) O O � V U U U O O O > C-6 Q) N O O L- C > 0_ 5) W O W N _ O Q) U O (J O H I C) Q � O O N = c0 m o CL c h _ — = I a) c a Q) O a) CL- •r a O O = � O c W IQ) Z O O W u _ 0 Q Q u V 4CL > W W H J = U a 3 u I• m a a Z0 co z a:: ;o ualE);saaod - ZO£ZOOOOZOZld : UVVZ) s;uemnooa WIN ZZOZ 94dag - a 44V :;u9wg3e44V � L Q of M V ZA IL 0A18 U311100 ki t� o� QnW` v C) W -+- -� 0 X U O -O � > i Q)X Q O i U - o 4��� -� °'E� f) Q Q) a) O a) a) : o a Q)0 Q� Z Z Z .X 3 O O O O O Q O 0 CD - 0 UO U- •y O� E O O •_ H SE U 0 P-4 W N a a� a� Q) 0 o U ton Q)Q •a� Q Q 0 .� 0 0 CL U C CL CL O 0- 0 Q) Q) a ;o UGIO ISaJo=l - ZO£ZOOOOZOZld : ZLttZ) s;uewn000 WIN ZZOZ 94deS - C);;y :;uewyoe;;y a C if Y V) LLI J z Q Q Z —� LL- O� LLI z� LL, J Q 0 m U) LLI x O LL- •V N Q CN p O E O >. -Q O Z U Q) > O -� O E O Q Q : Q) � O Q � ;o u9I0;S9Jo=l - Z0£Z0000Z0ZId : Z617176 S;u9wn000 WIN ZZOZ 94d9S - O;;V :;uewyoe;;V Q of J W �0 W cV aw Wu) �0 LLJ aw Oz W uj FOREST GLEN OF FOREST GLEN OF NAPLES PUD NAPLES PUD (PRESERVE) (GNFR STATION #72) N =P=+�W + �*T + W--4 I +--P ✓� Irk + + + + + + + + + ♦ + + ♦ + + + + i + + + + + + + + + + + + + �+ Z + + + W ++1 W WAREHOUSE/FLEX +++ +ss 09 1 N' O I{ j+ W � JLu I i�W+_ da { W (m + Z O 4 W +'I + I ,W +1 112 ++ WAREHOUSE /FLEX • w `a0 01 W � ) I�z �+ 4' J U V O ++' w 'g �+� LLo 0 > I, W +- 1+ W \+ f+ + ` + + + �+WATER MANAGEMENT +�* + + + FOREST GLEN OF NAPLES PUD (DRAINAGE CANAL AND ROW) COLLIER BOULEVARD --� O w �Q H U) U Z Q Q z ❑ � mu �O s J a 0 Z) W W_ Z O w i O OW p F U r Zz w o o� m w W � = u7j U 7 U ww Lu w 0 � z = _ w"n m Zw0 W Uj�oz°W �o Louo CDO xa n d Lu 0 o Z Q Z 0 3 N a �_ a s L < Lu E)� Xm W d�Iwi=W V im 0w0 zli LE P>. m 2 0: O}wOOw JQ' OO Z O �Z)<LL } w zo i — W az a W woo U j gzdUi¢ O O cn Y) 0 CL WO z L -j a U zRa uwi r0<U)0z U 0 a z N m t7 40 :z 0 CL .07 pu s d " o o s V V Q V O �CP Jy V W�zaG u'la U uA I�iiu,c7pC a Za�aw �) to tyy � U A w� •� ti a ,� u t� R 0 A o b a i A .^ ui O b ou aou o u R � u R R '� ti R bi a) aaQ ^ w c u .� bf 07 O U 4R.� obi 0 ° 3 w W Y N Nova..��VVVyy�� d -0 a N ,� F R p 0 p �« 40 w � iy a N N R .� ° C, Q ~ R �o ^ p 3 bi .b � � �"" W N o � _ _ .--i � � � N iC •� {� bL a � iC a"'.• R y 6 A w N R N N 0 R tyy a o u❑ u v ti y 0 A N a) . 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W �^ d O p vO u O y a N p u7 N R y w sa Ciev 16 U C W R a R W O a R 9L V a 14 W A,.� a, `W A A R O A ti z:: N O aUi a) u O y A Y w OLEI 0 -8 g" 0 CL OU r va .0 a04 cc 3 cnp�a N H d oa c; A uS u: t7 x ti 7Ag -o = T •� a � of � t3 'y CL � C 8 ° 3 ❑�14 O u {�-Q LC t L -o O i a 0 �^ r = N r :UM 0 i U M •° ° 3 E D O U (D 0 U A O O O > U D O O IL N 0) U O O L O U L } O O O U z N � Lo CD U O N u D U O .. 0 L O � > a O y Y U l0 • a D O O ..� 'a 0 •� 2 U O 0 O �E a O U O O o L ° � � v a- E a; a 5 c � O O L U W ! 1 W _ E O 0_ a) C U a (D Q z O Q u L O E O > N N O 00 V >- LO } L •• O N O N O �u > O o O H Q O Q m 06 � a o 0 U O) U m U — U a U c C) U N a aL 2 O UCL 9.A.1.e (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. -- - . • - - - AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNT,Y--I)AND DEVELOPMENTCODE ON THE PARCEL COVERED IN PETITION NUMBER(S) pr .7.f1 f11llllfi9. fi 7. _ lTi nvacr Clan n9-NM;1. /pt in A I SIGNAIbURE OF APPLICANT OR AGENT Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE 3800 Via Del Rey STREET OR P.O. BOX Bonita Springs, Florida 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me January 31, 2023, by Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor_& Associates, P.A., ,personally known to me or- who pFeducsed as idofltiEontiAn and who &Vdid not take an oath. rg µYp CARIN J. DWYER MY COMMISSION # GG 982367 EXPIRES: May 14. 2024 doe'. Bmded 7 hru Notary Public Underwrihn My Commission Expires: (Stamp with serial number) Signature of Notary ublic 649Idj --DLj�ck Printed Name of Notary Public .r Q Rev. 3/4/2015 Packet Pg. 450 jj r�y, i`Y`{�j� H�f�'' f ytkp 1� ..J1L A ' 1�' 4 1 �' �p '•�i'�9't� .>'} v� �e ��g4 rt3x� f�t* �, r s 1Y� ♦"' fs,11 1. MK f a Packet Pg. 452 6 0 0 0 N O N J IL N N 9.A.2 03/02/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.2 Doc ID: 24633 Item Summary: PL20190000821 -GMPA- Collier Boulevard/Interstate 75 Innovation Zone Overlay - An Ordinance of the Board of County Commissioners amending Ordinance 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to add the Collier Boulevard/Interstate 75 Innovation Zone Overlay to attract and retain qualified targeted industry business; to correct a Scrivener's error in the Activity Center #9 inset map; and furthermore directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity. The subject property is located at the intersections of Collier Boulevard and Interstate 75, and Collier Boulevard and Davis Boulevard, in Sections 34, 35 and 36, Township 49 South, Range 26 East, and Sections 2 and 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1,245f acres. [PL20190000821] [Coordinator: James Sabo, AICP, Comprehensive Planning Manager] Meeting Date: 03/02/2023 Prepared by: Title: — Zoning Name: James Sabo 02/09/2023 2:48 PM Submitted by: Title: Zoning Director Zoning Name: Mike Bosi 02/09/2023 2:48 PM Approved By: Review: Planning Commission Diane Lynch Review item Growth Management Operations & Regulatory Management Donna Guitard Zoning Diane Lynch Additional Reviewer Zoning Mike Bosi Division Director Growth Management Department Mike Bosi GMD Deputy Dept Head Planning Commission Ray Bellows Meeting Pending Completed 02/09/2023 5:02 PM Review Item Completed 02/10/2023 2:31 PM Skipped 02/13/2023 11:11 AM Completed 02/17/2023 7:51 AM Completed 02/24/2023 8:05 AM 03/02/2023 1:00 PM Packet Pg. 454 9.A.2.a PL20190000821/CPSP-2019-2 Coder C40144ett;y SUPPLEMENTAL STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FRO GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: MARCH 2, 2023 SUBJECT: PETITION PL20190000821/CPSP-2019-2, GROWTH MANAGEMENT PLAN AMENDMENT FOR AN INNOVATION ZONE OVERLAY AND SCRIVENER'S ERROR CORRECTION TO ACTIVITY CENTER #9 MAP AND TEXT CLARIFICATION [ADOPTION TRANSMITTAL HEARING] AGENT/APPLICANT: Growth Management Community Development Department, Collier County Government 2800 North Horseshoe Drive, Naples, FL 34104 REQUESTED ACTION: c` The County proposes a large-scale Growth Management Plan Amendment to the Future Land N Use Element (FLUE) and Future Land Use Map (FLUM) and map series, specifically to establish LO the new Collier Boulevard/Interstate 75 Innovation Zone Overlay, by: c" CE c 1) Amending FLUE Policy 1.9, Overlays and Special Features, to add the Collier ii Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO); N 2) Amending the FLUE Interchange Activity Center Subdistrict provisions specifically Activity Center #9 to delete references to the Interchange Master Plan; delete the commercial acreage limitation; and add clarifying text regarding property added — and not added — to the Activity Center via a Small Scale GMP amendment approved in 2020; 3) Amending the FLUE Overlays and Special Features section to add the new Overlay provisions; 4) Amending the FLUE FLUM Series listing to add the title of the new Overlay map; 5) Amending the Countywide FLUM to add the new Overlay in the Legend as well as add new map note #6 pertaining to this Overlay and adding a new FLUM Series Inset Map that depicts the new Overlay (Exhibit A pages 3 of 8, 7 of 8 and 8 of 8); and, 6) Correcting a scrivener's error in the Activity Center #9 Inset Map (Exhibit A pages 5 of 8 and 6 of 8). The proposed amended/added text and maps are depicted on Resolution Exhibit A. 1 Packet Pg. 455 9.A.2.a PL20190000821/CPSP-2019-2 BOARD OF COMMISSIONERS ACTION OCTOBER 25, 2022: At the meeting, the Board transmitted the proposed Ordinance for Collier Boulevard Innovation Zone Overlay to the State Department of Economic Opportunity with a change to the proposed Overlay Zone Map. The BCC removed a 9-acre parcel within the Forest Glen PUD at the southeast corner of Collier Blvd and Beck Blvd. The updated map document is included with the revised Exhibit A Ordinance. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward petition PL20190000821/CPSP-2019-2 to the Board of County Commissioners with a recommendation to adopt and approve the proposed Ordinance and transmit the adoption to the Florida Department of Economic Opportunity and other statutorily required review agencies. M N LO V- N fC C U- 2 Packet Pg. 456 9.A.2.b PL20190000821 /CPSP-2019-2 Co�e-r Cou-Kty Mow STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FRO GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: AUGUST 18, 2022 SUBJECT: PETITION PL20190000821/CPSP-2019-2, GROWTH MANAGEMENT PLAN AMENDMENT FOR AN INNOVATION ZONE OVERLAY AND SCRIVENER'S ERROR CORRECTION TO ACTIVITY CENTER #9 MAP AND TEXT CLARIFICATION [TRANSMITTAL HEARING] AGENT/APPLICANT: Growth Management Department, Zoning Division, Collier County Government 2800 North Horseshoe Drive, Naples, FL 34104 GEO APHIC LOCATION: The subject area for the Innovation Zone Overlay, comprises 1,245± acres located in all quadrants of the intersections of 1-75 and Collier Boulevard (CR 951) and Davis Boulevard (SR 84) and Collier Boulevard, in Sections 34, 35 and 36, Township 49 South, Range 26 East, and Sections 2 and 3, Township 50 South, Range 26 East, within the Golden Gate, South Naples and Royal Fakapalm Planning Communities. (see area outlined on the following map — Page 3 of 8) Activity Center #9 is located at the same intersections and comprises much of the same lands. Resolution Exhibit A includes the existing Activity Center #9 map, with incorrect boundaries, and the corrective Activity Center #9 map. REQUESTED ACTION: The County proposes a large-scale Growth Management Plan amendment to the Future Land Use Element (FLUE) and Future Land Use Map (FLUM) and map series, specifically to establish the new Collier Boulevard/Interstate 75 Innovation Zone Overlay, by: 1) Amending FLUE Policy 1.9, Overlays and Special Features, to add the Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO); 2) Amending the FLUE Interchange Activity Center Subdistrict provisions specifically Activity Center #9 to delete references to the Interchange Master Plan; delete the commercial acreage limitation; and add clarifying text regarding property added — and not added — to the Activity Center via a Small Scale GMP amendment approved in 2020; 3) Amending the FLUE Overlays and Special Features section to add the new Overlay provisions; 4) Amending the FLUE FLUM Series listing to add the title of the new Overlay map; 1 Packet Pg. 457 9.A.2.b PL20190000821 /CPS P-2019-2 5) Amending the Countywide FLUM to add the new Overlay in the Legend as well as add new map note #6 pertaining to this Overlay and adding a new FLUM Series Inset Map that depicts the new Overlay (Exhibit A pages 3 of 8, 7 of 8 and 8 of 8); and, 6) Correcting a scrivener's error in the Activity Center #9 Inset Map (Exhibit A pages 5 of 8 and 6of8). The proposed amended/added text and maps are depicted on Resolution Exhibit A. PURPOSE/DESCRIPTION OF PROJECT: The purpose of this change is to facilitate implementation of the Innovation Zone previously established for this area, and to correct a scrivener's error on the Activity Center #9 map as well as add clarification text. BACKGROUND AND ANALYSIS: The Board of County Commissioners (BCC) adopted Ordinance 2018-39 on July 10, 2018 which established the Interchange Activity Center No. 9 Innovation Zone — which is virtually the same geographic area encompassed by the proposed Overlay. As stated in that Ordinance, "the Board believes that Innovation Zones spur economic development in Collier County by targeting specific industries with the potential to add high wage employment opportunities" and doing so will "help accelerate this area's development, thereby creating both high wage jobs as well as a healthy tax base for the citizens of Collier County." From a land use perspective, implementation of the Innovation Zone begins with incorporating the proposed Overlay into the FLUE thereby providing for allowable land uses. The next step is the rezoning process to establish the uses as permitted uses. Rather than have a rezone or Planned Unit Development (PUD) amendment occur on a project -by -project basis —which is time- consuming, costly, and has no certainty of outcome — staff is drafting a zoning overlay by LDC amendment that would establish the uses in the FLUE Overlay as permitted uses on those lands within the Innovation Zone. In effect, adopting the LDC zoning overlay would accomplish a rezone of the properties or an amendment to the PUDs. Subsequent land development steps to implement the Innovation Zone include subdivision plat, if applicable, site development plans, building permits and other associated permits subject to administrative approval. All lands within Interchange Activity Center No. 9 are in the Innovation Zone and proposed Overlay except that portion of the East Gateway PUD that is now developed with residential uses (Fronterra subdivision) and except the 3.4-acre property lying east of Tollgate PUD that was added to the Activity Center in 2020. There are land areas within the Innovation Zone and proposed Overlay that are not within the Activity Center, including: 1) the site of the County's water treatment plant, zoned A, Rural Agricultural and with its FLUM designation Urban Industrial District; 2) that portion of the City Gate Commerce Park PUD lying east of the FPL powerline and with its FLUM designation Urban Industrial (includes a portion of Collier County's Paradise Coast Sports Complex); 3) the County's "305 parcel" (approximately 305 acres) located east of City Gate and west of the Naples landfill, zoned "A" and with its FLUM designation Rural Industrial (includes a portion of Collier County's Paradise Coast Sports Complex); and, 4) Magnolia Pond PUD with its FLUM designation Urban Residential Subdistrict. These two different areas are depicted below. 2 Packet Pg. 458 9.A.2.b PL20190000821/CPSP-2019-2 IM For some lands in the Overlay, the Overlay will have minimal effect as the existing zoning already permits most of the uses in the Overlay and/or the existing FLUM designation already allows most or all of the uses in the Overlay. However, for other lands, the existing zoning and FLUM designation do not allow the uses in the Overlay. Given that almost all lands in the Overlay area already allow or permit commercial and/or industrial development, staff does not have concerns for compatibility, infrastructure impacts or natural resource impacts based upon the high-level review at which GMP amendments are evaluated. These matters will be considered in more detail as may be appropriate, at time of rezoning to establish the implementing zoning overlay. Presuming this GMP amendment is approved for transmittal to the statutorily required review agencies, it will return to the CCPC and BCC for Adoption hearings. Staff's intent is to accompany the GMP amendment with the implementing LDC amendment for the zoning overlay at that time; that overlay will include development standards to address compatibility considerations. Regarding the Activity Center #9 map scrivener's error, a small scale GMP amendment (PL20190002017) was approved/adopted by Ordinance No. 2020-25 to add a 3.4-acre parcel, on the north side of Beck Boulevard and east of Tollgate PUD, to Activity Center #9. As per protocol, the ordinance map exhibit identified the subject 3.4-acre parcel to be added. However, the map boundary used for that amendment (reflected on the ordinance map exhibit) was not the boundary on the then -existing Activity Center #9 map, rather the boundary on the proposed/draft Collier Boulevard/ Interstate 75 Innovation Zone Overlay map. Thus, the Activity Center #9 map was erroneously amended to add hundreds of acres and remove about 32 acres. This present GMP amendment will replace that incorrect Activity Center #9 map with the correct one (see Resolution 3 Packet Pg. 459 For some lands in the Overlay, the Overlay will have minimal effect as the existing zoning already permits most of the uses in the Overlay and/or the existing FLUM designation already allows most or all of the uses in the Overlay. However, for other lands, the existing zoning and FLUM designation do not allow the uses in the Overlay. Given that almost all lands in the Overlay area already allow or permit commercial and/or industrial development, staff does not have concerns for compatibility, infrastructure impacts or natural resource impacts based upon the high-level review at which GMP amendments are evaluated. These matters will be considered in more detail as may be appropriate, at time of rezoning to establish the implementing zoning overlay. Presuming this GMP amendment is approved for transmittal to the statutorily required review agencies, it will return to the CCPC and BCC for Adoption hearings. Staff's intent is to accompany the GMP amendment with the implementing LDC amendment for the zoning overlay at that time; that overlay will include development standards to address compatibility considerations. Regarding the Activity Center #9 map scrivener's error, a small scale GMP amendment (PL20190002017) was approved/adopted by Ordinance No. 2020-25 to add a 3.4-acre parcel, on the north side of Beck Boulevard and east of Tollgate PUD, to Activity Center #9. As per protocol, the ordinance map exhibit identified the subject 3.4-acre parcel to be added. However, the map boundary used for that amendment (reflected on the ordinance map exhibit) was not the boundary on the then -existing Activity Center #9 map, rather the boundary on the proposed/draft Collier Boulevard/ Interstate 75 Innovation Zone Overlay map. Thus, the Activity Center #9 map was erroneously amended to add hundreds of acres and remove about 32 acres. This present GMP amendment will replace that incorrect Activity Center #9 map with the correct one (see Resolution 3 Packet Pg. 459 9.A.2.b PL20190000821 /CPS P-2019-2 Exhibit A). Also, that same GMP amendment added text that references a 3.7-acre property and the 3.4-acre parcel added to the Activity Center which may lead to confusion. The proposed text change clarifies that a 0.26-acre parcel (the remainder of the 3.7 acres) is excluded from the Activity Center. Criteria for GMP Amendments in Florida Statutes Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Section 163.3177(1)(f), Florida Statutes: (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. 1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionally acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area's proportional share of the total county population and the total county population growth. Section 163.3177(6)(a)2.: 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. 4 Packet Pg. 460 9.A.2.b PL20190000821 /CPS P-2019-2 c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Florida Statutes: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. Also, the State land planning agency has historically recognized the consideration of community desires (e.g. if the community has an articulated vision for an area as to the type of development desired, such as within a Community Redevelopment Area), or existing incompatibilities (e.g. presently allowed uses would be incompatible with surrounding uses and conditions). PUBLIC INFORMATION MEETING (PIM) NOTES: Staff advertised and held a Public Information Meeting (PIM) on August 02, 2022, 5:30 p.m. at Golden Gate Community Center, located at 4701 Golden Gate Parkway, Naples, FL pertaining to the proposed Collier Boulevard/Interstate 75 Innovation Zone Overlay. Staff gave a presentation explaining the effect of the Overlay and what an innovation zone is and they provided an overview of the related Zoning changes. [synopsis prepared by Corby Schmidt, AICP, Principal Planner] 5 Packet Pg. 461 9.A.2.b PL20190000821/CPSP-2019-2 LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney's Office on July 19, 2022. The criteria for GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2 and 163.3177(6)(a)8, Florida Statutes. (HFAC] STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20190000821/CPSP-2019-2 to the Board of County Commissioners with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies. Petition Number: PL20190000821/CPSP-2019-2 Staff Report for August 18, 2022 CCPC meeting NOTE: This petition has been tentatively scheduled for the October 11, 2022 BCC meeting C:\Users\CorbySchmidt\AppData\Local\Microsoft\Windows\INetCache\Content0utlook\ZFVDVzBi\PLi9-o8zi CBIIZO staff report_7-18.Vz.docx 6 Packet Pg. 462 9.A.2.c ORDINANCE NO.2023- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES TO ADD THE COLLIER BOULEVARD/INTERSTATE 75 INNOVATION ZONE OVERLAY TO ATTRACT AND RETAIN QUALIFIED TARGETED INDUSTRY BUSINESS; TO CORRECT A SCRIVENER'S ERROR IN THE ACTIVITY CENTER #9 INSET MAP; AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTIONS OF COLLIER BOULEVARD AND INTERSTATE 75, AND COLLIER BOULEVARD AND DAVIS BOULEVARD, IN SECTIONS 34, 35 AND 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,236f ACRES. [PL20190000821] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Staff initiated an amendment to the Future Land Use Element and Future Land Use Map and Map Series; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on November 2, 2022, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Element to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and [19-CMP-01051/1770088/11181 PL201900008219 Words underlined are additions; Words struck through are deletions. 1 of 3 2/9/23 *** *** *** *** are a break in text Packet Pg. 463 9.A.2.c WHEREAS, Collier County, has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on , 2023, and the Collier County Board of County Commissioners held on , 2023; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendments to the Future Land Use Element and Future Land Use Map and Map Series attached hereto as Exhibit "A" and incorporated herein by reference, are hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. [I 9-CMP-0 1051 /1770088/ 1 ] 181 PL201900008219 Words underlined are additions; Words struck through are deletions. 2 of 3 2/9/23 *** *** *** *** are a break in text Packet Pg. 464 9.A.2.c PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: -A`�(- Heidi Ashton-Cicko�� Managing Assistant County Attorney Attachment: Exhibit A — Text and Map [I 9-CMP-0 1051/1770088/1 ] 181 PL201900008219 Words underlined are additions; Words struck through are deletions. 3 of 2/9/23 *** *** *** *** are a break in text Packet Pg. 465 Exhibit 9.A.2.c PLzo i9000082 i/CPSP-igz EXHIBIT "A" FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES *** *** *** *** *** *** *** *** Policy 1.9: Overlays and Special Features shall include: *** *** *** *** *** *** *** *** A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. NC Square Mixed -Use Overlay D. Natural Resource Protection Area Overlay E. Rural Lands Stewardship Area Overlay F. Airport Noise Area Overlay G. Bayshore/Gateway Triangle Redevelopment Overlay H. Urban -Rural Fringe Transition Zone Overlay I. Coastal High Hazard Area Boundary J. Ventana Pointe Residential Overlay K. Collier Boulevard / Interstate 75 Innovation Zone Overla K-. L. Incorporated Areas *** *** *** *** *** *** *** *** *** *** *** *** *** [page 11] *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** *** *** *** *** *** *** *** *** I. URBAN DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** *** C. Urban Commercial District [page 62] *** *** *** *** *** *** *** *** *** *** *** *** *** 2. Interchange Activity Center [page 66] *** *** *** *** *** *** *** *** *** *** *** *** *** (IMP), whiGh was adep-ted by ReselUtiOR by the Board Of COURty COMMOSSOGRers, and to the i rumple menting PFE)YiciGRs adopted intE) the I and Development Code All new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. However, the 3.7-acre property formerly utilized by the Florida Highway Patrol Headquarters located east of the Tollgate PUD/DRI may be split into two 21 parcels and one of the parcels being 3.4 acres will be permitted to utilize conventional zoning. The remainder 0.26-acre parcel is excluded from Interchange Activity Center #9. {T*+s POFtiGR of AntiVit„ GeRte- #9 06 dpniontted OR a F1 IMSeries IRGet nMap.4l The mixture of uses allowed in Interchange Activity Center #9 shall include all land uses allowed in the Mixed Use Activity Centers; additionally, industrial uses shall be allowed in the northeast and southeast Text underlined is added; text StF Gk threug" is deleted; *** = text break Page 1 of 6 Packet Pg. 466 Exhibit 9.A.2.c PL2o i9000082 i/CPSP-igz quadrants of 1-75 and Collier Boulevard, and in the southwest quadrant of Collier and Davis Boulevards. ° of the tetal aGreage (635.9 aG ) of IntornhaRge nGtiVity GeRtor++o The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict and based en the .,depted Irmo *** *** *** *** *** *** *** *** *** *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES [page loz] *** *** *** *** *** *** *** *** *** *** *** *** *** K. Collier Boulevard / Interstate 75 Innovation Zone Overlay [page 159] The Collier Boulevard / Interstate 75 Innovation Zone Overlav encompasses aooroximatelv 1.236 acres and is located at the intersections of Collier Boulevard and 1-75 and Collier Boulevard and Davis Boulevard (SR 84)/Beck Boulevard. It is intended to promote economic growth and diversify the economy of Collier County by attracting and retaining qualified targeted industry business as defined by Florida Statute 288.106. Ordinance 2018-39, adopted by the Board of County Commissioners on July 10, 2018, established the Interchange Activity Center No. 9 Innovation Zone to spur economic development in Collier County by targeting specific industries with the potential to add high wage employment opportunities with the intention that doing so will help accelerate this area's development, thereby creating both high wage lobs as well as a healthy tax base for the citizens of Collier County. In addition to the uses allowed by the underlying Future Land Use Map designations, this Overlay adds qualified targeted industry business uses in Manufacturing, Global Logistics and Trade, Finance and Insurance, Information Technology, Professional, Scientific and Technical Services, Educational Services, Medical and Diagnostic Laboratories. Space Research and Technoloay. Patent Owners and Lessors. Job Trainina. Management, and Corporate Headquarters. A zoning overlay shall be established to implement this Overlay by specifying permitted and conditional uses and development standards and/or performance standards to ensure compatibility with nearby properties. The Overlay is depicted on the Collier Boulevard / Interstate 75 Innovation Zone Overlay Map. *** *** *** *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE MAP SERIES [page 159] *** *** *** *** *** *** *** *** *** *** *** *** *** Mixed Use & Interchange Activity Center Maps [amended Activity Center #9 Map in series] *** *** *** *** *** *** *** *** *** *** *** *** *** Collier Boulevard / Interstate 75 Innovation Zone Overlay Map [page 16o; new map in series] *** *** *** *** *** *** *** *** *** *** *** *** *** Text underlined is added; text StF6lGk threugh is deleted; *** = text break Page 2 of 6 Packet Pg. 467 Exhibit 9.A.2.c PLzo ig000082 i/CPSP-igz EXHIBIT "A" [This Exhibit "A" is the to -be -adopted Innovation Zone] EXHIBIT "A" Page 3 of 6 n Packet Pg. 468 Exhibit 9.A.2.c PLzo ig000082 i/CPSP-igz [This Exhibit "A" is to be deleted] Page 4 of 6 Packet Pg. 469 Exhibit 9.A.2.c PLzo ig000082 i/CPSP-igz EXHIBIT "A" R .. L - �� n [pull I ■ill�� `,`o.``�.:i�Ilkgrpfnnll �',LI Mlz mar s R � P41ml�a1111�± Im■■■ � n■nw j Yln■ � IIII■��11 11 w I JIf f 6iIkU nullunn� � � I .�.�Illlll�ff�l I�MI auo�n■r� `` �I1 CJi aTjMisr 41 +anh irryjalulll � 1 - r_,_ :�■■fai l■1■�41 [This Exhibit "A" is the to -be -adopted Activity Center #9] Page 5 of 6 Packet Pg. 470 Exhibit FL2o ig000082 i1CFSP- ig-2 m EXHIBIT "A" mt T IM. a I Tt!i w 111 f.L OL z C4 LLI cc: 0 I T44i T U i I T49i I T M i I T611 I T 6; 1 [This Exhibit "A" is the to -be -adopted Countywide FLUM] Page 6 of 6 3j 11 I Packet Pg. 471 1 9.A.2.d SUPPORT MATERIALS Packet Pg. 472 9.A.2.d ORDINANCE NO. 2018- 39 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE INTERCHANGE ACTIVITY CENTER NO.9 INNOVATION ZONE; PROVIDING FOR THE CALCULATION OF AN ANNUAL TAX INCREMENT AMOUNT WITHIN THIS INNOVATION ZONE; CREATING AN INNOVATION ZONE TRUST FUND FOR THE TRANSFER AND MAINTENANCE OF SUCH TAX INCREMENT AMOUNTS; SETTING FORTH THE ECONOMIC DEVELOPMENT PLAN FOR THIS INNOVATION ZONE; PROVIDING FOR CONFLICT, SEVERABILITY, AND INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in addition to its broad home rule powers, Collier County is expressly authorized under Section 125.045, Florida Statutes to "expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community;" and WHEREAS, Collier County previously adopted Ordinance No. 2010-20 providing for the creation of Innovation Zones, specifically finding as follows: " It is the Policy of the Board to promote economic growth u-hich results in high wage Jobs and helps diversify the economy of Collier County. To further this policy. it is the intent of the Board to create a dedicated .source of revenue to fund an economic development program and to advance economic development initiatives in zones oj'geographic concentration ivithin the unincorporated areas of the County. These -ones. to be called Innovation Zones, brill be designated by the Board, from time to time through the implementation ref Economic Development Plans adopted by resolution for each Innovation Zone; " and WHEREAS, for many years development has unduly lagged within the industrial and commercial areas near the Interstate 75 and Collier Boulevard intersection; and WHEREAS, the Board believes that Innovation Zones spur economic development in Collier County by targeting specific industries with the potential to add high wage employment opportunities; and WHEREAS, the Board believes that it is in the substantial public interest to create an Innovation Zone around the industrial and commercial areas near the Interstate 75 and Collier Boulevard intersection to help accelerate this area's development, thereby creating both high wage jobs as well as a healthy tax base for the citizens of Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Packet Pg. 473 9.A.2.d Section One: Definitions and Findings This Ordinance is intended to be a companion ordinance to Ordinance No. 2010-20, known as the Collier County Innovation Zone Ordinance. Accordingly, the Board of County Commissioners hereby adopts in full the definitions and findings set forth in Ordinance 2010-20, except for the Base Year Assessment Roll, which is defined below, and as modified hereby incorporates such definitions and findings as if specifically set forth below. Section Two. Establishment of the Interchange Activity Center No. 9 Innovation Zone. The Board of County Commissioners hereby creates the Interchange Activity Center No. 9 Innovation Zone. The Interchange Activity Center 9 Innovation Zone shall be comprised of Activity Center No. 9, as defined in the Future Land Use Element of the Collier County Growth Management Plan, together with additional adjacent vacant industrial land, as graphically described in Exhibit A. Section Three. Initial Tax Increment Year and Percentage. For purposes of establishing the Base Year Assessment Roll, the base year shall be the last Collier County Real Property Assessment Roll certified by the Property Appraiser for the County Fiscal Year beginning October 1, 2016. Tax increments shall commence to be deposited into the Trust Fund with the County fiscal year commencing on October 1, 2018, and funding shall continue through September 30, 2028, unless extended by majority vote of the Board by Resolution. The amount of the tax increment to be deposited into the Trust Fund shall be equal to 100% of the amount based on the formula set forth in Section 4(B) of Collier County Ordinance No. 2010-20. Section Four: Creation of an Economic Trust Fund. The County hereby creates the Interchange Activity Center No. 9 Innovation Zone Trust Fund. The tax increment shall be deposited into the trust fund and the trust fund proceeds shall be utilized to implement the Economic Development Plan set forth in Section Five. The Trust Fund corpus will not exceed One Million Dollars ($1,000,000) in any single fiscal year, and is subject to annual appropriation by the County. Up to 5% of the Trust Corpus shall be reserved as an annual administrative fee for the County. Upon termination of the Trust Fund, any unspent and unencumbered proceeds shall revert to the County's General Fund. Section Five: Adoption of the Economic Development Plan. The primary purpose of the Interchange Activity Center No. 9 Innovation Zone is to attract and retain qualified targeted industry business as defined by Florida Statute 288.106. Trust funds may be utilized in any lawful manner, including infrastructure required to serve new target businesses or the expansion of an existing target business; payment of County Impact Fees to be paid by the new target business or the expansion of an existing target business; and payment of building permit fees or other County fees related to the construction of structures to serve the target business. In addition to this primary purpose, trust funds may be utilized in any lawful manner Packet Pg. 474 9.A.2.d which the Board of County Commissioners determines fosters economic development. Payment of funds are purely discretionary, and must be approved in advance by the Board of County Commissioners. All expenses must be fully documented in a manner acceptable to the County. Priority of funding will be for the development within the Interchange Activity Center No. 9 Innovation Zone, as graphically represented by Exhibit A. Section Six: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Seven: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or re -lettered to accomplish such, and the word "Ordinance" may be changed to "Section." "Article." or any other appropriate word. Section Eight: Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County; Florkda, this V.;!,',-day of July. 2018. ATTEST:..,: CRYS,Tt.LL.-K.'KINZEL, Interim Clerk as to Chairman's y BOARD OF COUNTY COMMISSIONERS COLLIER9UiiTY, FL0$FPJ'1, B\ llY SOCfS. CPA IRMAN This ordirnonce filed with the Secretory of Stote's Offics the JN'_'day of- }�L$ cnd ocknowiedgen+e+�t othat filin r eived this �_ doy of , t�A► C1r+r Packet Pg. 475 AV lip r 9.A.2.d �x 4 ems,: P 1. �...... J FLORIDA DEPARTMENT 4 STATE RICK SCOTT Governor July 12, 2018 Ms. Crystal K. Kinzel, Interim Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa Cannon Dear Ms. Kinzel: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-39, which was filed in this office on July 12. 2018. Sincerely. Ernest L. Reddick Program Administrator ELR/lb R. A. 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Ln � D `Z'3 E Q O 0 Q +J • — cr O u +-J � M 0 4-J 4--d M -0 V V to Cu ' > Q} C N d.J J N Q) cn Q E = Ul p a--� a) — cn V L u aA > D _ ~ Q -� U O M a1 d r V m IL - IuauapuOwV dWJ �Z800006WZld : EMT) le;;!wsuea; 6�-g-U uao.11 siBIJBIeW;aoddns :;uewLj3e;;d It cn a m c� a 10.A 03/02/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 10.A Doc ID: 24640 Item Summary: Comprehensive Administrative Code Amendments 2022 Meeting Date: 03/02/2023 Prepared by: Title: Planner, Principal — Growth Management Development Review Name: Richard Henderlong 02/09/2023 3:33 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/09/2023 3:33 PM Approved By: Review: Zoning Eric Johnson Additional Reviewer Completed 02/10/2023 10:10 AM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 02/10/2023 2:41 PM Zoning Mike Bosi Division Director Completed 02/10/2023 4:27 PM Building Plan Review & Inspections Richard Long Additional Reviewer Completed 02/10/2023 4:44 PM Growth Management Department Jaime Cook Additional Reviewer Completed 02/13/2023 9:37 AM Code Enforcement Michael Ossorio Additional Reviewer Completed 02/13/2023 11:51 AM Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 02/13/2023 11:53 AM Growth Management Operations Support Evelyn Trimino Additional Reviewer Completed 02/13/2023 1:35 PM Zoning Ray Bellows Additional Reviewer Completed 02/13/2023 4:25 PM Planning Commission Diane Lynch Review item Completed 02/13/2023 5:20 PM Growth Management Department Trinity Scott Additional Reviewer Completed 02/17/2023 6:26 PM Growth Management Department James C French GMCDD Dept Head Completed 02/24/2023 2:59 PM Planning Commission Ray Bellows Meeting Pending 03/02/2023 1:00 PM Packet Pg. 495 10.A.a Co -le-r County Growth Management Community Development Department To: Collier County Planning Commission (CCPC) From: Rich Henderlong, Planner III Date: February 9, 2023 Re: 2022 Comprehensive Administrative Code (CAC) Amendment On January 31, 2023, staff met with Chairman Fryer to identify "insubstantial" textual changes for land use petitions and permits, delete substantial text changes that require further discussions, and clarify the decision maker for each petition. The assignment of land use petitions stated in the powers and duties of the HEX and CCPC were reviewed and where conflicts with the assignments occurred, as set forth in the Code of Laws, Land Development Code or CAC, staff will bring them up to the attention of the Board in the future. As recommended by Chairman Fryer, this is the first of two proposed groups of amendments to the Administrative Code for Land Development to be forwarded to the Board of County Commissioners for approval. The second group will contain more substantive changes and remains under consideration by the CCPC and will be brought back to the Planning Commission once its recommendations are finalized. Within the document presented today, are the yellow highlighted text of revisions made to Attachments I and 3, and the CAC. Staff comments in the right hand margin have been removed since the CCPC's last review on January 5, 2023. Briefly stated, the group of "insubstantial changes" made to the CAC include the following: • Chapter 3 CA. Conditional Use -Comparable Use Determination (CU-CUD), deleted in its entirety. • Chapter 3 G.3. page 67, under subsection "Notice", staff is keeping the NIM waiver because it is consistent with LDC section 10.03.06 H.2.a. text, until it is modified in a future LDC amendment. • Chapter 3 L. Comparable Use Determination, pages 88-89, text is shown without underlines and strikethroughs so it will match the Board's text, with an exception to adding the subsection "Completeness and Processing of Application". It is shown this way because the Board shall approve it, under the Consent Agenda Item, on February 28, 2023. • Chapter 5 F, page 220,under subsection"Decision Maker", added the text"BCC with and approval from...". • Chapter 6 J, page 253, clarified text under subsection "Decision Maker" to state "...if no written objection is received. If the county receives written objection within 30 days of mailed notice, the CCPC or BZA." • Chapter 8 B, page 269, under subsection "Conduct of Hearing", added text " ...in lieu of the transcript....". • Chapter 9, page 284, under subsection" Hearing Examiner Review" delete the following text: "The Hearing Examiner has no authority to grant a NIM waiver." This will be brought back when the LDC is modified in the future. At a future CCPC meeting and to facilitate the CCPC's next group of amendments discussion, staff is submitting a summary table and chart listing the different types of land use petitions authorized to be heard by the HEX pursuant to the Code of Laws and Ordinances and by the Administrative Code. This table identifies the decision maker, required public hearing entity set forth in LDC sections 10.03.06, 9.03.02 D, and 9.03.03 B for each land use petition. It includes hearings for other permit applications or when deviations to LDC section 10.02.15 A 2.a. exceed administrative approval thresholds. Packet Pg. 496 co ICr c014nty Growth Management Division 5 A 9 Wol rild PON to f)evelc m V 0 0 m c� L N ._ E a d .y L E 0 v Lai E a Packet Pg. 497 10.A. b Text underlined is newtext to be added Contents Contents...................................................................................................................................1 Chapter1. Introduction.............................................................................................................. 6 A. Purpose and Intent............................................................................................................... 6 B. Amendments and Conflicts.................................................................................................. 7 1. Administrative Code Amendment.................................................................................... 7 2. Conflicts............................................................................................................................7 C. Reviewing Agencies.............................................................................................................. 7 1. Architectural Arbitration Board (AAB) ............................................................................. 7 2. Board of County Commissioners (BCC)............................................................................ 7 3. Board of Zoning Appeals (BZA)........................................................................................ 7 4. Building Board of Adjustment and Appeals (BOAA)........................................................ 7 5. Collier County Planning Commission (CCPC or Planning Commission)...........................8 6. Office of the Hearing Examiner........................................................................................ 8 7. Growth Management Community Development Department (F>IVIB GMCD)................ 8 8. Environmental Advisory Council(EAC)............................................................................ 8 9. Development Services Advisory Committee (DSAC)....................................................... 9 10. Historical Archaeological Preservation Board (HAPB) .................................................... 9 D. Common Procedural Steps and Information........................................................................ 9 1. F e e S -,nP c„h.,;++,1 Requirements..................................................................................9 2. GMCD Public Portal......................................................................................................... 9 2-3. Initiation of the Application........................................................................................... 9 -4. Pre -a -Application mWeeting....................................................................................... 10 4-5. Completeness and Processing Letter.......................................................................... 12 5-6. Staff Review................................................................................................................. 12 6-7. Advisory Board or Agency Review............................................................................... 13 -7 8. Open and Closed Applications.................................................................................... 13 8-9. Pre -Construction r� e Meeting....................................................................... 13 Chapter 2. Legislative Procedures............................................................................................ 15 A. Comprehensive Plan Amendment...................................................................................... 15 B. Privately Initiated Land Development Code Amendments ................................................ 20 Chapter 3. Quasi -Judicial Procedures with a Public Hearing ................................................. 23 A. Appeal of an Official Interpretation of the Land Development Code ................................ 24 B. Boat Dock — lRGIUdiRg Boathouse Establish.,- Dock Pacility Ext RSien 130at Left eRt and Canepy.......................................................................................................................................... 25 B.1. Boathouse Establishment.......................................................................................... 25 1� Packet Pg. 498 10.A. b Text underlined is newtext to be added B.2. Dock Facility Extension 30 -00 B.3. Boat Lift Canopy with Deviations............................................................................... 33 0 v m C. Conditional Uses(CU)......................................................................................................... 35 L C.1. Conditional Use Permit .............................................................................................. 35 c C.2. Conditional Use Extensions....................................................................................... 40 Q C.3. Conditional Use Re-Review.......................................................................................43 D. Development of Regional Impact DRI 45 D.1. DRI Application — Establishment of a new DRI.......................................................... 45 as D.2. DRI Abandonment..................................................................................................... 49 a E 0 U D.3. DRI Development Order Amendment....................................................................... 51 E. Mixed Use Project (MUP) — Public Hearing for use of Bonus Density Pool and/or otherIq 0 Deviations 53 N F. Parking Exemption — With a Public Hearing....................................................................... 55 ca c ca G. Planned Unit Developments (PUD).................................................................................... 58 0 G.1 Rezoning to a PUD ...................................................................................................... 58 G.2. PUD Amendment....................................................................................................... 64 N G.3. PUD Insubstantial Change 66 r G.4. PUD Minor Change.................................................................................................... 69 a G.S. PUD EAeRSion 72 U U ............................................................................................................ m H. Rezoning — Standard........................................................................................................... 75 0 I. Sign Variance...................................................................................................................... 79 a D J. Variance..............................................................................................................................82 m 0 K. Compatibility Design Review.............................................................................................. 85 L. Comparable Use Determination.........................................................................................88 N Chapter 4. Administrative Procedures..................................................................................... 90 S E A. Architectural Plans..............................................................................................................90 Q B. Coastal Construction Setback Line Permit.........................................................................92 a� C. Certificate of Public Facility Adequacy(COA)..................................................................... 94 c aD L C.1. COA for Roadways .....................................................................................................94 E C.2. COA for Non -Roadway public facilities...................................................................... 97 0 U D. Early Work Authorization (EWA)........................................................................................ 98 r a E E. Vegetation Removal Applications 100 U E.1. Agricultural Land Clearing Permit............................................................................ 100 r Q 21 Packet Pg. 499 10.A. b Text underlined is newtext to be added F. G. H. 1. J K. L. M. N. E.2. Agricultural Clearing Notice..................................................................................... 102 E.3. Cultivated Tree Removal Permit.............................................................................. 104 E.4. Vegetation Removal Permit..................................................................................... 106 E.S. Vegetation Removal and Site Filling Permit(VRSFP)............................................... 109 Mixed Use Project — Administrative Approval................................................................. 111 Official Interpretation of the Land Development Code ................................................... 112 SignPermit........................................................................................................................ 115 SiteDevelopment Plan..................................................................................................... 117 1.1. Conceptual Site Plan(CSP)........................................................................................ 117 1.2. Site Development Plan (SDP).................................................................................... 119 1.3. Site Improvement Plan (SIP)..................................................................................... 136 1.3.a. Immokalee Nonconforming Mobile Home Parks or Mobile Home Sites -Existing Conditions Site Improvement Plan..................................................................... 140 1.4. Site Development Plan Amendment (SDPA)............................................................ 143 1.5. Insubstantial Change to a Site Development Plan (SDPI) or Site Improvement Plan (SIPI).................................................................................................................................. 145 1.6. Nominal Alteration Plan (NAP)................................................................................. 147 TemporaryPermits........................................................................................................... 149 J.1. Amplified Sound Permit............................................................................................ 149 J.2. Annual Beach Event Permit...................................................................................... 151 J.3. Carnival/Circus Permit.............................................................................................. 152 J.4. Film Permit................................................................................................................ 155 J.S. Model Homes and Model Sales Centers.................................................................. 157 J.6. Special Events........................................................................................................... 159 J.7. Temporary Uses during Construction....................................................................... 162 ZoningCertificate............................................................................................................. 164 Zoning Verification Letters............................................................................................... 166 L.I. Zoning Verification Letter —Generally..................................................................... 166 L.2. Zoning Verification Letter — Non-residential Farm Building .................................... 168 L.3. Zoning Verification Letter — Fence Finished Side Out Waiver ................................. 170 StormwaterPlan............................................................................................................... 171 Intent to Convert Application for Golf Course Conversions ............................................. 173 31 Packet Pg. 500 10.A. b Text underlined is newtext to be added O. Boat Lift Canopy Administrative Review 178 -00 P. Landscape Plans................................................................................................................ 179 0 U m Q. Non -Residential Boat Dock Construction......................................................................... 181 L Chapter S. Subdivision Procedures........................................................................................ 183 T) A. Lot Split............................................................................................................................. 183 Q B. Lot Line Adjustment ......................................................................................................... 185 C. Preliminary Subdivision Plat PSP 187 C.1. Preliminary Subdivision Plat — Standard.................................................................. 187 Q. C.2. Preliminary Subdivision Plat Amendment (PSPA)................................................... 192 0 U D. Construction Plans and Final Subdivision Plat (PPL)........................................................ 194 c D.1. Construction Plans and Final Subdivision Plat - Standard ....................................... 194 N D. 2 Construction Plans and Final Subdivision Plat Amendment (PPLA) ........................ 207 D.-23. Final Subdivision Plat- For Townhouse Fee Simple Development .......................... 209 a E. Construction Plans(CNSTR).............................................................................................. 213 E.1. Construction Plans - Standard................................................................................. 213 c M N E.2. Insubstantial Change to Construction Plans ICP 216 F. Minor Final Subdivision Plat(FP)...................................................................................... 219 `V U G. Plat Recording................................................................................................................... 222 a. U U H. Vacation of Subdivision Plats............................................................................................ 225 0 I. Easement Use Agreement.............................................................................................. 226 CL D Chapter 6. Waivers, Exemptions, and Reductions................................................................ 228 aD '0 0 U A. Administrative Fence/Wall Waiver (AFW)....................................................................... 229 B. Administrative Parking Reduction APR 231 C. Administrative Parking Exemption................................................................................... 233 N S E D. Administrative Variance (AVA) 236 E. Alcohol Beverage Distance Waiver................................................................................... 238 >_ F. Alternative Architectural Design 240 N as G. AutaigT�SeFY*Ge Statwen `„ Waiver Facilities with Fuel Pumps Waiver 242 Q H. NonconformingUse Change NUC g ().................................................................................. 245 0 v I. Site Plan with Deviations for Redevelopment Projects DR 248 J. Post Take Plan................................................................................................................... 250 K. Vested Rights Determination 254 U 0 �' 41 Packet Pg. 501 10.A. b Text underlined is newtext to be added L. Administrative Appeal of Preliminary Substantial Damage Determination .................... 255 0 M. Deviation Requests for Projects in the Golden Gate Parkway Overlay District (DR-GGPOD) U m .......................................................................................................................................................257 L N. Limited Density Bonus Pool Allocation LDBPA 260 T Chapter 7. Supplementary Submittal Requirements for Land Use Applications ................. 262 E A. Environmental Data Requirements for PUD Zoning and Conditional Uses ..................... 263 B. Traffic Impact Stud TIS 264 C. PUD Annual Monitoring Report....................................................................................... 265 as D. Soil Erosion and Sediment Control Plan........................................................................... 266 a E 0 U Chapter8. Public Notice......................................................................................................... 267 A. General) 267 0 N B. Neighborhood Information Meeting 268 C. Mailed Notice...................................................................................................................270 D. Newspaper Advertisement............................................................................................... 272 0 E. Posting of a Sin 273 N F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) .............................. 276 M r G. Agent Letter...................................................................................................................... 280 N U Chapter 9. Office of the Hearin Examiner Procedures p g —..................................................... 283 a. U a. U Chapter 10. Where to Find Current Information..................................................................... 288 0 Chapter 11. Contact Information............................................................................................. 290 0 Q. Chapter12. Acronyms.............................................................................................................. 291 Chapter 13. Glossary 293 0 U Chapter14. Appendices............................................................................................................ 296 L r Appendix A. 296 A AppendixB.................................................................................................................................. 298 -0 51 Packet Pg. 502 Text underlined is new text to bead cled 10.A. b Chapter 1. Introduction A. Purpose and Intent Collier County's Land Development Code (LDC) is the principal regulatory tool for implementing the County's Growth Management Plan (GMP). The LDC contains the standards and criteria that development must meet in the County. To ensure that all growth meets these standards, there are specific approval procedures for the various forms of development, ranging from simple, single -lot residencesto large, multi -phased planned developments. The Administrative Code consolidates and identifies the procedures for approval to develop underthe LDC. The Administrative Code for Land Development, hereafter referred to as the Administrative Code, is divided into 14 chapters. Each chapter comprises a genre of land use petitions or permits. Each c Chapter is organized alphabetically to provide for ease of use. Cross references are provided for related land use petitions or permits where appropriate. The following list provides a breakdown of the Administrative Code by chapter: • Chapter 1 contains the intent of the Administrative Code and how to it is to be amended. This chapter also outlines Collier County's Reviewing Agencies and the Common Procedural Steps and Information necessary to submit and process a land use petition or permit. • Chapter 2 contains the land use petitions which are processed through a legislative procedure. • Chapter 3 contains the land use petitions and permits which are processed through a quasi-judicial procedure. • Chapter 4 contains the land use petitions and permits which are processed administratively by the Growth Management Community Development Department. • Chapter 5 contains the applications for the creation and completion of a subdivision. • Chapter 6 contains applications for waivers, exemptions, and reductions to LDC standards. • Chapter 7 contains supplementary submittal requirements for land use applications. • Chapter 8 contains information relating to public notice requirements for land use petitions. • Chapter 9 contains the procedures for the Office of the Hearing Examiner. • Chapter 10 identifies where to find current information. • Chapter 11 contains contact information. • Chapter 12 contains commonly used acronyms in the Administrative Code and the LDC. • Chapter 13 contains the glossary of terms, which are bolded throughout the Administrative Code. • Chapter 14 contains Appendices. The Administrative Code is available to download as an Adobe PDF file on the County's website: www.r=ellergov.net/admoncpdp httos://www.colliercountyfl.gov/government/growth- management/divisions/planning-and-zoning-division/adminis trative-code-for-land-develop ment. It is also available for purchase in print at the Growth Management Community Development Department, located at 2800 N. Horseshoe Drive, Naples, FL 34104. The Code has visual cues that improve its readability. These include: C� This symbol identifies cross-reference to another Administrative Code chapter or another regulatory p code. A This symbol identifies explanatory materials/information that may help to explain or expand upon a provision of the Administrative Code. 6� Revised: 2/17/2023 Packet Pg. 503 10.A. b Text underlined is new text to be added Text strikethrough 'S GUFFeRt text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction B. Amendments and Conflicts Administrative Code Amendment The Administrative Code was adopted by the Board of County Commissioners (BCCJ as Ordinance 2013-57 and amended by Resolution 2016-168. Subsequent amendments can be found on the County's website: https://www.colliercountyfl.gov/government/growth-management/divisions/planning-and-zoning- division/administrative-code-for-land-development/approved-updates-to-the-administrative-code. Amending Collier County and State of Florida contact information and website links may be done administratively by the County Manager or designee. Further, the County Manager or designee shall have the authority to update and correct Growth Management Community Development Department's organizational structure, a -Rd department titles, and acronyms. All other amendments, additions, revisions, or modifications required to maintain the Administrative Code shall be made by resolution by the BCC and adopted by majority vote at any regular or special meeting. The resolutions may be placed as an item on the regular, consent, or summary meeting agenda, as deemed appropriate by the County Manager or designee in consultation with the County Attorney. Conflicts Where the Administrative Code conflicts with the LDC or Growth Management Plan, the LDC or the Growth Management Plan shall prevail. C. Reviewing Agencies This section describes the various agencies that are involved in processing zoning and land development applications. 1. Architectural Arbitration Board AAB The "r^"I+^^d-..r.,I Arh;+r,d Q +AAB, identified in LDC section 5.05.08 F assists with the Architectural Deviations and Alternative Compliance procedure. The Board consists of five voting members comprised of the following: two representatives from the Collier County Zoning staff, two representatives appointed by the American Institute of Architects (Southwest Florida Chapter) and one member appointed by the American Society of Landscape Architects (Southwest Florida Chapter). The Architectural Arbitration Board may provide the following: 1) Assistance to the County Manager in rendering a decision; and 2) An applicant may appeal the decision of the County Manager or designee to the Architectural Arbitration Board. Board of County Commissioners (BCC) The BCC is the County's governing agency. It sets the County's land development policies by adopting and amending the Growth Management Plan and the LDC. It is also involved in quasi-judicial procedures, such as a rezoning, the establishment of PUDs, the creation of stewardship receiving/sending areas, and the establishment of Development of Regional Impacts, and other petitions as specified in the LDC. 3. Board of Zoning Appeals (BZA) The BCC acts as the BE)aF,d ^f lee;^^ Appeals (BZA} for Collier County. The BZA processes and makes final decisions on zoning variances, appeals, conditional uses, nonconforming use amendments, flood variances, parking agreements, and other functions outlined in the Collier County Code of Laws and Ordinances section 2-1171, F.S. § 67-1246 and Laws of Florida, as amended. 4. Building Board of Adjustment and Appeals (BOAR) The BOAR) is a decision -making body that makes final decisions on appeals related to the decisions of the building official, such as the manner of construction proposed to be 7 1 P a g e Packet Pg. 504 10.A. b Text underlined is new text to be added Text strikethre Ugh 'S GurreRt text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction followed, or materials to be used, and in the erection or alteration of a building or structure, pursuant to Code of Laws and Ordinances section 2-1181. The BOAA consists of five members, appointed by the BCC, who have the necessary education and qualifications to review and render decisions related to the Florida Building Code and Florida Fire Prevention Code. Collier County Planning Commission CCPC or Planning Commission) The Gelty Planning Commission is designated as the local planning agency for the County, as identified in the Code of Laws and Ordinances section 106-1 and 2-1156. The Planning Commission processes amendments to the Growth Management Plan, text amendments to the LDC, and makes a final decision on actions as specified in the Administrative Code and LDC. The Planning Commission also provides recommendations to the BCC on land use petitions where the BCC renders a final decision. 6. Office of the Hearing Examiner The Office of the Hearing Examiner is established in the Code of Laws and Ordinances section 2-83 through 2-90. The Hearing Examiner hears and makes final decisions and provides recommendations to the BCC as specified in e Ordinance 2013-25 and in the Administrative Code. The procedures for the Office of the Hearing Examiner are established in Chapter 9 of the Administrative Code. 7. Growth Management Community Development Department (GMCD) Most land use petitions. and permit applications begin the process with a review by the GFeWth Management DepaFtment GMCD — Development Services section. TIe r-r,,Wth M-,r,-,..,,... eRt r,,,paFt... eRt This section of the GMCD provides information and services associated with building permits, inspections, development plans, land use petitions, and investigations. The GMCD provides guidance for the long-term use of land and public facilities to assure quality growth and to enhance the community's quality of life, pursuant to local ordinances and Florida State growth management laws. the PIaRRiRg and ZeRiRg Division, QpeFatieRS and Regulat9FY Management, which One!-_,d_P_-_; the Plan Rpwmpw and lRspectiE)R DepartmeRt, and the Code Enforcement Department. The Planning and Zoning Division is generally the nitial point of contact for land use petitions and peFRqitS. Thp Plan. Review and IRspeCtiOR DepaFtmeRt handles The following are the primary divisions with the GMCD-Development Services section: • Operations and Regulatory Management Division; • Development Review Division; • Building Plan Review and Inspection Division; • Zoning Division; • Code Enforcement Division; • Resiliency and Community Planning: and • Housing and Economic Development 8. Environmental Advisory Council (EAC) The Environmental Advisory C „r,EAC acts in an advisory capacity to the BCC pursuant to Code of Laws and Ordinances section 2-1191. The Colliicr County Planning Commission sibs acts as the Environmental Advisory ii EAC. Pursuant to Ord. 2013-51, the EAC reviews matters dealing with regulation, control, management, use, or exploitation of natural resources within the County. It also reviews specific zoning and development petitions and their impact on the County's natural resources. 81 Packet Pg. 505 10.A. b Text underlined is new text to be added Text strkethrough is owFeRt text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction 9. Development Services Advisory Committee (DSAC) The DSAC is a #*#teen 15-member committee that was created in 1993 pursuant to Code of Laws and Ordinances section 2-1031. This committee represents the various aspects of the development industry and may include architects, general contractors, residential or building contractors, environmentalists, land use planners, land developers, landscape architects, professional engineers, utility contractors, plumbing contractors, electrical contractors, structural engineers, and attorneys. The purpose of this committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational efficiency and budgetary accountability within the Growth Management Community Development Department and to serve as a primary communication link between the Growth Management Community Development Department, the development industry, and the citizens of Collier County. Terms are 4 years. 10. Historical Archaeological Preservation Board HAPB The Historical Archaeological Preservation Board (or -s ryati n Rear,d HAPB) is an advisory board to the BCC pursuant to Code of Laws section 2-2000.11. The Preservation Board designates, regulates, and administers historical and archaeological resources in the County under the direct jurisdiction and control of the BCC. D. Common Procedural Steps and Information This section describes common information that applies to most of the review procedures identified in the Administrative Code. Fees and Subm;**^' Requirements The County charges fees for applications filed under the LDC. The BCC establishes the fees by resolution. The fee schedule is available for download on the County's website: http://www.selliergev.net/rode)(.aspx?page-128 https://www.coIIiercountyfl.gov/governmhent/growth-management/divisions/planning-and-zoning- division/zoning-services-section. The County will not accept an application until all of the required fees are paid. 2. GMCD Public Portal The GMCD accepts application packages electronically through the E-Permitting program for most Building and Land Use Permit types. Applicants utilizing the E-Permitting program submit their documents through the GMCD Public Portal, where they are guided through the process of uploading their application package. Important information regarding the use of the E-Permitting program and the GMCD Public Portal can be found on the County's website: http://www.colliercountyfl.gov/government/growth-management/divisions/operations- regulatory-management/e-permitting. The various guides are accessible by way of clicking on the document submittal requirements, application, or permit. 2-3. Initiation of the Application Most applications are initiated by filing a County application form, along with all of the required information, with the Business CenteF within the Growth Management DepaFtment. Each section of the Administrative Code lists the Most applications can be initiated electronically by uploading the application, along with all the required information. to the GMCD Public Portal. or applications can be initiated in person with the Client Services section of the Operations and Regulatory Management Division. Each section of the Administrative Code lists the corresponding application by name under "Initiation". 9 1 P a g e Packet Pg. 506 10.A.b Text underlined is new text to be added Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction 3-4. Pre -a -Application m-Meeting Applicability Where specified within the Administrative Code, applicants must attend a pre -application meeting with the assigned planner, and review staff PlaRRiRg & ZeRiRg DiViS'^^ before filing an application. The purpose of the meeting is to provide an opportunity for the applicant awe assigned planner, and review staff Dlanning & &Zero^ DivisieR to informally review a proposed development and determine the most efficient method of review before substantial commitments of time and money are made in the preparation and submission of the application. The name of the planner assigned to the project shall be identified on the application once it is filed. The project planner is the main contact and their name should be referenced in any correspondence with the County regarding the petition. The project planner can be reached by calling the Business Center Front Desk, at 239-252- 2400. The pre -application meetings are held virtually online with an enabled video and audio support pursuant to the GMCD public portal email confirming the date and time of meeting or by an in -person meeting at °tea Z,,.,;Rg Division effaces are located within the Growth Management Community Development Department, Development Services Building at the following location: Growth Management Community Development Department Planning O. 7r.ninn DWesaen 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (239) 252-2400 101 Page Packet Pg. 507 10.A. b Text underlined is new text to be added Text strkethrough is owFent text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction 8%1 GoW k. Gate P.W GMCD Offices Maples MuniOipal Ajrpert Initiation of the pre -application meeting the Business GenteF, whieh is leeated within the Growth Management DepaFtFReRt Building. A pre applicatiOR fee a S Fequired atthe time A-fthe meeting. Applieants must eemplete a Pre Applieatien Request FeFrn, eFfill eut the fe.rn; A_.n line at http�//apps2.eell*eFgeV.net�PeFtal. The Planning & Zening Divisien well -Gentact the applicant w4hoA Applicants must request a pre -application meeting online through the GMCD Public Portal. Applicants can access a step -step guide for submitting a pre -application meeting request at: https://www.colliercountyfl.gov/government/growth-management/divisions/building-plan-review-inspection/e- permitting. While requesting a pre -application meeting on the GMCD Public Portal, it is recommended that applicants upload supporting documents such as: An Addressing Checklist, Conceptual Site Plans, Conceptual Master Plans, aerials, and ordinances. Once the pre -application meeting request has been received, the Client Services section of the Operations and Regulatory Management Division will contact the applicant within two working days, via email, to coordinate the date and time of the pre -application meeting. For an in -person or virtually online meeting, Applicants may bring agents and representatives to the meeting. A pre -application fee is required prior to, or at the time of the meeting. Unless further specified in the Administrative Code, or uploaded on the GMCD Public Portal, the applicant should bring a conceptual plan of the project, aerial photographs of the property, and preliminary environmental data, depending on the type of application. At the pre -application meeting County Staff will review the proposed request, discuss the contents of the application packet, indicate which submittal items are required, and the number of plans required for submittal The submittal requirements vary by application type, so applicants aFe eneewF,ged- t held- eff n eempleting should wait to complete the application packet until after the pre -application meeting. At the pre -application meeting, County Staff members will provide the applicant Pre -Application Meeting Notes, which outline the requirements discussed at the meeting. 111 Page Packet Pg. 508 10.A. b Text underlined is new text to be added Text strikethre Ugh 'S GurreRt text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction Issues to discuss The DlaRRiRg & ZeRiRg ^,..,rieR assigned planner, review staff, and the applicant may discuss the following issues at the pre -application meeting: 1. The general nature of the proposed development. 2. Changes to the proposed development which need to conform to the LDC, the Growth Management Plan, or other County policies. 3. The review procedures that will apply, including the public hearing process, if applicable, the approximate length of the development review, and the approval process. 4. Federal, State, and local agencies that may review, comment, or require permits for the proposed development. 5. The type of information needed throughout the procedure, including surveys, plans, drawings, reports, the application form, and other supporting documentation. 6. The number of copies of the application and supporting information that the applicant must provide. At the pre -application meeting, the applicant and staff may discuss other issues as needed. At Followin_ the pre - application meeting, the Planning &;ZeniRg Division assigned planner will provide the applicant a checklist of submittal requirements discussed at the meeting. The applicant and the Planning & Zoning Division staff may .d4rr--rr Athp 4r .,.dPd edier 4-5. Completeness and Processing LetteF Prior to the real acceptance of the application, the Client Services section of the Operations and Regulatory Management Division - Business Center will determine if the application is complete and that the materials identified on the Pre -Application Meeting EChecklist and notes are included with the application. If the application is incomplete, the applicant must obtain all of the requirements prior to the submittal of the application. The Client Services section of the Operations and Regulatory Management Division - Business Center will not accept or process an incomplete application package. Once the application has been accepted by the County and the required fees have been paid, the application has begun processing and the applicant will receive a processing Lette notification, via email. This letter notification identifies the petition number, (i.e., PL201200000) and the assigned pIanReF/PF,.;,,. t .,,-,Ra ,,r a hyperlink for updates to the application online. The petition number should be noted on all future correspondence regarding the application. The letter is geneFally r e d within 10 ,days of submitta 3 -5-6. Staff Review Once the application has been processed, County Staff will review the application to determine whether the application is sufficient or insufficient in one or more areas. This is considered the "first set of review comments" by County Staff. The purpose of this review is to ensure that the application complies with the standards for approval and/or the findings of fact pursuant to the LDC. This review is also designed to prevent the application from unnecessary delays in the process. If the application is insufficient, or does not meet code requirements, the PIaRr iRg & ZeRiRg DiVir;,.r, applicable division will notify the applicant of the deficiencies through the review comment process. 12 1 Packet Pg. 509 10.A. b Text underlined is new text to be added Text strikethre Ugh 'S GurreRt text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction For administrative applications, County Staff, acting on the behalf of the County Manager may approve or deny the application based on the criteria provided in the LDC. While the DlaRRiRg & ZeRiRg ^^ iSiOR GMCD is the agency that is primarily involved in administering and enforcing the Growth Management Plan and the LDC, other State or regional agencies may be responsible for certain types of applications. 6-7. Advisory Board or Agency Review If the petition requires review by the EAC, Planning Commission, BCC, BZA, the Hearing Examiner, or other County advisory COURty board or agency, County Staff prepares a specialized report for each Board. For example, a Staff Report for the Planning Commission contains information identified in the application, whether the project is consistent with the Growth Management Plan, an analysis of the request, legal considerations, recommendations by the County, and any recommendations of another reviewing body. If the application is to be reviewed by the BCC, Staff prepares an Executive Summary which is a condensed version of the Staff Report and includes recommendations of the EAC, if applicable, and the Planning Commission. -78. Open and Closed Applications An application is considered "open" when the processing Lette notification has been provided to the applicant and/or agent. An application is considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing, or otherwise actively pursue the application for a period of 6 months, unless the particular process assigns a different time period. A closed application will not receive further processing and is considered withdrawn. The NaRRiRg & ZeRiRg Divas eR applicable division will notify the applicant of closure in writing. However, the failure of the Dlanning Q Zening Divisien applicable division to notify the applicant does not eliminate the "closed" status of an application. The applicant can reopen a closed application by submitting a new application and repaying the application fees. Further review of the request is subject to the then current LDC. Please note: the GMCD Public Portal displays various application statuses indicating the stage in which the application is available for uploads, closed for uploads, submitted, etc. Additional information can be found on the County's website: https.11www.colliercountyfl.goylgovernment/growth-management/divisions/building-plan- revie w-insp ection/e-permi ttin g. 8-9. Pre -Construction GenfeFence Meeting The pre -construction r-Anferenee meeting applies to all development projects that include infrastructure improvements, including but not limited to: site development plans (SDP), site development plan amendments (SDPA), site improvement plans (SIP), plans and plats (PPL), plans and plat amendments (PPLA), and construction plans (CNSTR). 13 1 Packet Pg. 510 10.A. b Text underlined is new text to be added Text strikethre Ugh 'S GurreRt text to be deleted Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction Following approval of the plans, the Engineer of Record (EOR) shall submit the Affidavit of Compliance to the Client Services section of the Operations and Regulatory Management Division or through the GMCD Public Portal. The Engineer's Affidavit of Compliance shall attest that the plans and documents approved by Collier County are consistent with those approved by all State and Federal agencies, and all required permits have been issued. The FOR shall request to schedule a pre -construction meeting with Development Review Division. Before the Pre - Construction submittal can be reviewed and scheduled, the applicant shall upload copies of all required permits for the project to the GMCD Public Portal, and all inspection fees shall be paid prior to the meeting. The purpose of the meeting is for the applicant and the Development Review Division staff to discuss the inspection of the improvements, project schedule, notification requirements, and project completion and acceptance procedures. It is encouraged that the following parties attend the meeting: the applicant; FOR and EOR's field representative; owner and/or developer; general, site, and utilities contractors; and representatives from affected utilities. 141 Packet Pg. 511 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures Chapter 2. Legislative Procedures The petitions identified in this Chapter require a public hearing by the Board of County Commissioners. A. Comprehensive Plan Amendment Reference F.S. § 163.3177— 163.3187, 125.66 and LDC Public Notice section 10.03.06 E and the Collier County Growth Management Plan (GMP). 4 Note: The Florida Department of Economic Opportunity (DEO) website contains procedures, forms, and technical assistance regarding State of Florida review and requirements. For State related Comprehensive Plan Amendment information refer to: https://floridaiobs.org/community-planning-and- development/programs/community-planning-table-of-contents. Applicability This procedure appliesto a request to amend the GMP whether initiated by the County or a private landowner. A comprehensive plan amendment does not authorize development. There are several categories of plan amendments, including but not limited to: • a. Small -Scale Amendment: A plan amendment that involves 4.950 acres or less and other criteria set out in F.S. § 163.3187(1) et. sea. e i_ Generally, small-scale amendments are for maps and may include text changes. e ii. Small -Scale amendments that involve 48 50 acres or less may be site -specific amendments. b. Large -Scale Amendment: A plan amendment that changes the goals, objectives and policies; a map change; or any other material in the plan, and falls within one of the categories described in F.S. § 163.3184(2-3) and 163.3184(3.4) et. sea. e i_ Large -Scale amendments by may be site -specific amendments or non -site specific. • c. DRI Companion Amendment: A plan amendment that is directly related to a DRI. This is processed concurrent with the DRI application. gSee Chapter 3 D.3 of the Administrative Code formore information. Pre -Application A pre -application meeting is required. Initiation The applicant files an "Application for a Request to Amend the Collier County Growth Management Plan" with the Comprehensive Planning Section of theta Zoning Division. G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application shall include the draft amendment text and/or map amendment and all Contents data and supporting materials that justify the amendment. 151Page Revised: 2/17/2023 Packet Pg. 512 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures � Note: Referto F.S. § 163.2163 3177et. seq. for State requirements. Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application.--IiC Processing of Application I fee, the petitieR is being n ed r=cempanying that respeRse ..ill be a receipt for the payment and the trac LiRg number�assigned to the etitiAn Thk petitieR. Notice — Small -Scale Amendment for Map and/or Text Changes Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisement: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC public hearings dates in a newspaper of general circulation. The advertisements shall include at a minimum: • a. Clear explanation of the proposed ordinance as it affects the subject property; • b. Date, time, and location of one or more public hearings; and • c. 2 in. x 3 in. map of the project location. 4. Sign: (see format bel.,w Posted at least 15 days prior to the advertised Planning Commission hearing. Ga See Chapter 8 E. of the Administrative Code forsian template. BLICHEAR ING FOR AN AMEN DM ENT TOTHE CONNBEHENSIVE PLAN PETITION N BER: TO ALLOW: (Request-Sufficientl ear to des LOCATION: DATE: ___ E: CONTACT: the project) THE ABOVE T E HELD IN THE BOARD COUNTY COMMIS NERSCHAMBERS, THIRD FLOO OLLIER COU GOVERNMENTCENTER, 3299TAMIA RAIL T, NAPLES, FLORIDA, 34112. 161 Page Revised: 2/17/2023 Packet Pg. 513 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures Notice — Large -Scale Amendment for Site -Specific Notice — Large -Scale Amendment Not Site -Specific Notification requirements are as follows. c* See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be held after the first set of staff reviewcomments have been issued and at least 15 days before the first advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC transmittal and adoption public hearings in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Clear explanation of the proposed ordinance or resolution as it affects the subject property; • b. Date, time, and location of one or more public hearings; and • c. 2 in. x 3 in. map of the project location. 4. Sign: (see format be4w4 Posted at least 15 days prior to the advertised public hearings. Two distinct signs shall be posted for the transmittal hearings and the adoption hearings. The first sign shall be posted before the first Planning Commission hearing on the GMP transmittal to DEO. A second sign shall be posted before the Planning Commission hearing on the GMP adoption. Ga See Chapter 8 E. of the Administrative Code forsian template. BLICHEARING FOR AN AMENDMENT TOTHE CO EHENSIVE PLAN PETITION NUMBER TO ALLOW: Request -Sufficient) ear to de LOCATION: DATE: E CONTACT: e the project) THE ABOVE T E HELD IN THE BOARD COUNTY COMMIS NERSCHAMBERS,THIRDFLOOR, OLLIER COU GOVERNMENT CENTER, 3299 TAMIAM AIL E NAPLES, FLORIDA, 34112. Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC transmittal and adoption public hearings in a newspaper of general circulation. The advertisement shall include at a minimum: 171Page Revised: 2/17/2023 Packet Pg. 514 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures • a. Clear explanation of the proposed ordinance or resolution as it affects the subject property; and • b. Date, time, and location of one or more public hearings. Public Hearings for Adoption Public Hearing pursuant to F.S. § 163.3187: Small -Scale 1. The EAC shall hold at least 1 advertised public hearing, if required. Amendment 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Public Hearing for Large -Scale Amendments require two sets of public hearings, transmittal hearings and Large -Scale adoption hearings. Amendment 1. Transmittal Public Hearings: • a. The EAC shall hold at least 1 advertised public hearing, if required. • b. The Planning Commission shall hold at least 1 advertised public hearing. • c. The BCC shall hold at least 1 advertised transmittal public hearing. 2. Adoption Public Hearings: • a. The EAC shall hold at least 1 advertised public hearing, if required. • b. The Planning Commission shall hold at least 1 advertised public hearing. • c. The BCC shall hold at least 1 advertised adoption public hearing. Decision Maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process 1. Transmittal of Amendment to DEO: • a. The Comprehensive Planning Section will review the application, identify whether additional materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC, if required, and the Planning Commission to presentthe petition for review. • b. Following the recommendation by the Planning Commission, the Comprehensive Planning Section will prepare an Executive Summary and schedule a hearing date before the BCC to present the petition for review. • c. Small -Scale Amendments are not subject to a review by DEO and may be adopted by the BCC at the first advertised public hearing. A Large -Scale Amendment is reviewed by the BCC at a transmittal hearing and if approved, the amendment is sent to DEO and other reviewagencies for review in accordance with F.S. § 163.3184(3) and (4). 2. Adoption of Amendment: • a. Following review by DEO and other review agencies, the Comprehensive Planning Section will prepare a Staff Report, and schedule a hearing date before the EAC, if required, and the Planning Commission to present the amendment and comments from DEO and other review agencies for review. Following the recommendation by the EAC, if 181Page Revised: 2/17/2023 Packet Pg. 515 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures required, and the Planning Commission, the Comprehensive Planning Section will prepare an Executive Summary and schedule an adoption hearing before the BCC. If the amendment is adopted, the amendment is sent to DEO and the review agencies in accordance with F.S. § 163.3184(3) and (4). Criteria The plan amendment must be consistent with the applicable portions of the Collier County Growth Management Plan, F.S. § 163.3164, et seq., the State Comprehensive Plan, and the Southwest Florida Strategic Regional Policy Plan published by the Southwest Florida Regional Planning Council. Effective Date q See F.S. § 163.3184(3) and (4). q See F.S. § 163.3191 if the plan amendment is an update that results from an evaluation and appraisal report. Appeals Affected persons may file an administrative challenge as described in F.S. § 163.3184(5). Small-scale amendments may be administratively challenged pursuant to F.S. § 163.3187(5) (a). Updated Resolution 2020-88 191Page Revised: 2/17/2023 Packet Pg. 516 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures B. Privately Initiated Land Development Code Amendments Reference LDC section 10.02.09, LDC Public Notice &64section 10.03.06 A and K, F.S. § 163.3202, and F.S. § 125.66. p See LDC section 10.03.06for County Initiated LDCAmendments. Applicability Privately initiated amendments that supplement, change, or repeal the LDC. Pre -Application A pre -application meeting is required. Initiation The applicant files an "Application forAmendment to the Land Development Code" with the Pfor• Zoning Division. G*See Chapter 1 D. for additional information reaardina the procedural steps for initiating an application. Application The application must include the following information: Contents 1. Applicant Contact Information. 2. Pre -application meeting notes. 3. LDC amendment request document, including the following. • a. The applicant's name; • b. The name of the author of the LDC text amendment; • c. All LDC sections to be modified by the amendment; • d. A written statement briefly describing the change requested; • e. A written statement describingthe justification for the amendment and any other relevant information about the change requested; • f. A written statement describingany potential fiscal or operational impacts associated with the amendment; • g_ A written statement addressing the amendment's consistency with the Growth Management Plan; • h. Changes to the LDC shall be identified in a strikethrough/underline format. Strikethrough language represents removal and underlined language represents new language; and • L All cross referencestothe section in the LDC shall be checked and amended if necessary. 4. Electronic copies of all documents. Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application. The y^ ^ *h Processing of Management Department will r .,the a plerati n for r=am lete ess of*or Application applicant will . a mailed Qr ele-G49ROG respeRse RgtifyiRg the applicant th;# thp petiti.,., 4S beiRgp ed AGGOM aRyiAg that respense .,ill bea r latforrhe paymeRt and the tFacking-a61 ;,har�e., X(X2-912-9{ ^�assrgRed to the Pet+t+e^. This 201Page Revised: 2/17/2023 Packet Pg. 517 10.A. b Text underlined is new text to bead ded !6 ..4M.4tA h..d Rleted Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for Requirements additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. The title of the proposed ordinance or resolution; • b. Date, time, and location of the hearing; • c. Places(s) within the county where the proposed ordinance may be inspected by the public; and • d. LDC amendments that change the zoning map designation of 10 acres or more of land or change the permitted, conditional, or prohibited uses within a zoning category shall include a 2 in. x 3 in. map of the project location. Public Hearings For LDC amendments that change the zoning map designation of less than 10 acres of land or do not change the list of permitted, conditional, or prohibited uses within a zoning district: 1. The EAC shall hold at least one advertised public hearing, if required. 2. The Planning Commission shall hold at least one advertised public hearing. 3. The BCC shall hold at least one advertised public hearing. For LDC amendments that change the zoning map designation of 10 acres or more of land, or change the list of permitted, conditional, or prohibited uses within a zoning district: 1. The EAC shall hold at least one advertised public hearing, if required. 2. The Planning Commission shall hold at least one advertised public hearing. • The Planning Commission may elect by a majority decision to hear the ordinance or resolution at two advertised public hearings. If there is only one advertised public hearing, the hearing shall be held after 5:00 p.m. on a weekday, and if there are two advertised hearings, then at least one of the advertised public hearings shall be held after 5:00 p.m. on a weekday. 3. The BCC shall hold at least two advertised public hearings. • At least one advertised public hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus one vote elects to conduct that hearing at another time of day. Decision Maker The BCC, following the recommendations from both the EAC, if required, and the Planning Commission. 21 1 Page Revised: 2/17/2023 Packet Pg. 518 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter2 / Legislative Procedures Review Process The WaRRORg & Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report and provide a recommendation to the following advisory boards and the BCC: • a. The DSAC reviews the amendment application in a public meeting and makes a recommendation to the BCC. • b. The EAC reviewsthe amendment application if the proposed change includes an environmental component in accordance with Collier County Code of Laws and Ordinances section 2-1193. The EAC makes a recommendation to the BCC. • c. The Planning Commission reviews the application for consistency with the GMP and makes a recommendation to the BCC. The BCC shall review the application and the recommendations by the advisory boards The BCC may approve, approve with revisions, or deny the proposed ordinance or resolution. Effective Date Per F.S. § 125.66,the ordinance must be filed with the Florida Department of State, Tallahassee, FL within 10 days of signing by the Chairman of the Board. The effective date is the date it is filed with the State, unless a date is specified in the ordinance. Updated Resolution 2018-072 221Page Revised: 2/17/2023 Packet Pg. 519 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Chapter 3. Quasi-judicial Procedures with a Public Hearing Quasi-judicial bland use petitions require a public hearing where the applicant and affected property owners are allowed to speak and provide testimony about the application. The County's decision -making agency is similar to a judge presiding over a trial, and its decision is based on the record. Quasi-judicial hearings are pursuant to law and provide for the following: 1. The record may include the application materials, County Staff's recommendation, and may also include written reports, and the fact —based testimony of any witnesses (expertor otherwise) that speak at the public hearing. The applicant or the agent has the burden of providing a written record. 2. The applicant has an opportunity to be heard in person and through counsel, to present evidence of its case, and to rebut the case presented by opposing parties. 3. Cross—examination of adverse witnesses is allowed. The chairman or presiding officer of the decision -making agency may reasonably control the amount of time and type of questions asked during cross-examination. 4. Ex-parte communications must be disclosed by members of the advisory boards or decision -making agency pursuant to law. 231Page Revised: 2/17/2023 Packet Pg. 520 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual A. Appeal of an Official Interpretation of the Land Development Code Reference LDC &w4section 1.06.01 D, LDC section 8.10.00, LDC Public Notice &w4section 10.03.06 Q, and Code of Laws and Ordinances section 250-58. Applicability This process allows an applicant to appeal an Official Interpretation to the Hearing Examiner. Pre -Application A pre -application meeting is not required. Initiation The applicant files an "Appeal Application for Official Interpretation" with the Via• Zoning Division. G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Interpretation number. 3. A narrative describing the request, the legal basis for the appeal, the relief sought, including any pertinent information, exhibits, and other backup information in support of the appeal. 4. Electronic copies of all documents. S. Affidavit of Authorization. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before toe each advertised WeaFiR^ E.,-,^..;^^" public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; and • b. 2 in. x 3 in. map of the project location, if site specific. Public Hearing The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. c* See Chapter 9 for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or BZA. Review Process The PI@RR'Rg & Zoning Division will review the appeal and identify whether additional materials are needed. Staff will prepare a Staff Report or Executive Summary to present to the Decision Maker nff;^^ of the WeaFiRg C..-,.. iRer_fer a deeisien Updated 241Page Revised: 2/17/2023 Packet Pg. 521 10.A.b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual B. Boat DocBoathouse Establishment, nck Facility l B.1. Boathouse Establishment Reference LDC sections 5.03.06, 5.03.06 F, 8.10.00, and LDC Public Notice section 10.03.06 H. Applicability There are feiir types of permits fer a beat deGl( facility and related str. t. 7 -Deck PaGility with a Reathei-se 4. 60 @t Lift GaROPY Deyia iens A boathouse establishment petition is required for proposed boathouses and includes any roofed structure built on a dock. Pre -Application A pre -application meeting is required. Initiation . The applicant files a "Dock Facility Extension or Boathouse Establishment Petition" with the Zoning Division. gsee Chapter 1 D. for additional information regarding the procedural steps for initiating an application Application The application must include the following: Contents for Read 1. Applicant contact information. 004 Establishment 2. Property information, including: G��and�d a. Property identification number; b. Section, township, and range; c. Subdivision, unit, lot and block; and d. Address of subject site. 3. Zoning information, including: a. Current zoning and land use of subject property; and b. Adjacent zoning and land use. 251Page Revised: 2/17/2023 Packet Pg. 522 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 4. Site information, including: a. Waterway width and where the measurement came from; b. Total property water frontage; c. Measurement of provided and required setbacks; d. Total protrusion of proposed facility into water, as measured from the most restrictive of the property line, bulkhead line, shoreline, seawall, rip -rap line, control elevation contour, or mean high water line; e. Number and length of vessels to use facility; and d. Additional dock facilities in close proximity of subject property and the total protrusion of each into the waterway. 5. Narrative description of the project. 6. Signed and sealed survey depicting mean high water (MHW) and mean low water (MLW), and relevant water depths (no less than 5-foot increments). 7. Pursuant to LDC section 5.03.06 I, a submerged resources survey, as applicable. 8. A chart, drawn to scale, of the waterway at the site, depicting the waterway width, the proximity of the proposed facility to any adjacent navigable channel, the proximity of the proposed facility to docks, if any, on the adjacent lots, and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank. 9. Site Plan illustrating the following: • a. Lot dimensions; • b. Required setbacks for the dock facility; • c. Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • d. Configuration, location, and dimensions of existing and proposed facility; • e. Water depth where proposed dockfacility is to be located; • f_Distance of the navigable channel; • g_ Illustration of the contour of the property; and • h. Illustration of dock facility from both an aerial and side view. 10. Narrative response to listed criteria/questions noted in LDC section 5.03.06 F. 11. Signed and notarized affidavit by propertyowner or agent. 12. Addressing checklist. 13. Eledr^^ic r;epy of all dowments- Property Ownership Disclosure Form. 14. C-AnueS fAr the Wp arinn lZmamoner or plannina ('.,. MOS;s;OAA as; i.JontifOPd An rho nnrrorinn�; c.. bm4#�i Chpckli +. Electronic copy of all documents. 15. Copies for the Hearing Examiner or Planning Commission as identified on the application's Submittal Checklist. 26 1 Revised: 2/17/2023 Packet Pg. 523 10.A. b Text underlined is new text to bead cled Te..+ ntri Lr.+hre6Igh 0.. Rtt...(4 to hRd..I.4-d Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 16. Affidavit of Authorization. Application The R-oat Lift Canopy and the Beat Lift Canopy Devia%ien appliratieR rnwst thp reRtPRts f+� f., fgl Rem+ I if+ rar.er... 1� A�.r r-;mt � Rtart ir.fermatdnR Qr o Qeo+ I :f+ �I Mft 7 Dreeerty information nGlu ding; Caner.., nPy*;It:e.. • Property i.den+ifkatien r, rnber• • Cer+'e +e rh' Rd FaRgej G.hd—Virier. .,i+ le+ and 11e4• @R d Address of su bjeG% site r„rrent zoning and land , of si-h:e Gt property. 4 G.rye., signed and sealed she..,ieg a istiRg daGkfaGili+., 5. Scale .drawing of the proposed Ganopy showing all .dimer,sie ns ra. Sample of the fabric fer coler reyie.., 7 Addressing Gheddwst Completeness and c*See Chapter 1 D.5 for the acceptance and processing ofan application. The ol-,nning 4. Processing of Application Gernpleted appliGatiGR paGket aGGernpaRied with the required fee, the applicant v.fill preGessed nGGemr allying +hat response .,ill he a iptferthe n r+ and +he traGkin number (i.e., XXX209 20909 ) assigned to the pe+i+ie., This petition tracking mher ;hpuld he nQtell Ap all fi-4-re correspendenGe r ardingthe neti+ien Notice fnr Rnat Notification requirements are as follows. C* See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification aetat Berk area at least 15 days before the advertised Hearing Examiner public hearing. The County Extensions, and will mail the letters at the applicant's expense. The advertisement shall include at a g„a+ Lift ranee., minimum: • a. Date, time, and location of the Hearing E,,.,n..ineY public hearing; • b. Petition number; • c. Extension and total protrusion of the facility; and • d. Date by which written comments must be filed with the Planning& Zoning Division. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner up blic hearing in a newspaper of general circulation fee the#ell,�^g petitk)RSi- BA- ^oc�istablishmeat v.4h a Reatheuse, Rea Dpe., E.,tenrien r 99at Lift r.,.,epy Levi-,:,,.,. The advertisement shall include at a minimum: Date, time, and location of the hearing; 271Page Revised: 2/17/2023 Packet Pg. 524 10.A. b Text underlined is new text to bead cled Te..+ n4ri Lr.+hrr,Wgh 0.. Rt M..4 to hRd..I.4-d Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual • a. Petition number; • b. Address of the facility; • c. Extension and total protrusion of the facility; • d. 2 in. x 3 in. map of the project location; and • e. Date by which written comments must be filed with the NaRRiRg Zoning Division. 3. Sign: (see format hei,,w Posted at least 15 days before the advertised Hearing lixarpinpr public hearing date. c* See Chapter 8 E. of the Administrative Code forsian template. B-PL2012 3000000: [Narrrej Boat Dock Extension- Appli t is requesting a [number]- foot boat do - extension ver the maximum 20 feet limit in ction 5.03.06of the allier County Land Devel do Code for a total protru � n of [number] fe or Lot j.number], Block [lette of the [lo tion]. DATE: CONTACT: THE ABOVE ;PeB E HELD AT THE GROWT MANAG NT DIVISION BUILDING, 2800 N. HGR HIE DR., NAPLES, FL 34104 ❑R AS GTHE ISE D IGNATED. Public Hearing 1. The Hearing Examiner ghaii hAld at iea,;+ I advertk;ed p blir hearing for+he following.4;� See Chapter a r.f the Adminir+raWAR C-Ade fgr+he office r.f+he Hearing ExamiRer preced-res The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. Ga See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker 1. The Wearing Examiner may approve, 281Page Revised: 2/17/2023 Packet Pg. 525 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual The Hearing Examiner or Planning Commission. Review Process I. The P'aR ORg & Z ninrt D Si n ,.,ill review the niiGati n identifyyAh.pthor add4ional rpatprials, arp nppded and prepare a Staff Report to present to the QffiGp Lqf the Hearing Examinor for a dpGm,;inn for the following Petiri„nc• The Zoning Division will review the application, identify whether additional materials are needed and prepare a Staff Report, utilizing the criteria in LDC section 5.03.06, to present to the Decision Maker. Updated 291Page Revised: 2/17/2023 Packet Pg. 526 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual B.2. Dock Facility Extension Reference LDC sections 5.03.06. 5.03.06 H, 8.10.00, and LDC Public Notice section 10.03.06 H. Applicability A dock facility extension petition is required for additional protrusion of a dock facilit into anv waterwav bevond the limits established in LDC section 5.03.06 E. Pre -Application Apre -application meeting is required. Initiation The applicant files a "Dock Facility Extension or Boathouse Establishment Petition" with the Zoning Division. Non-residential dock facility requests, which do not require a public hearing, must submit the "Dock Facility Extension or Boathouse Establishment Petition Application" and "Evaluation of Non -Residential Dock Construction", comply with LDC section 5.03.06, as part of the Site Development Plan application and Chapter 4. Q. G*See Chapter 1 D. for additional information reaardina the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: a. Property identification number: b. Section, township, and range: c. Subdivision, unit, lot and block; and d. Address of subiect site. 3. Zoning information, including: a. Current zoning and land use of subject property; and b. Adjacent zoning and land use. 4. Site information, including: a. Waterway width and where the measurement came from: b. Total property water frontage: c. Measurement of provided and reauired setbacks: d. Total protrusion of proposed facility into water, as measured from the most restrictive of the property line, bulkhead line, shoreline, seawall, rip -rap line, control elevation contour, or mean high water line; e. Number and length of vessels to use facility; and d. Additional dock facilities in close proximity of subject property and the total protrusion of each into the waterway. S. Narrative description of the project. 30 Revised: 2/17/2023 Packet Pg. 527 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 6. Signed and sealed surveydepicting mean high water (MHW) and mean low water (MLW), and relevant water depths (no less than 5-foot increments). 7. Pursuant to LDC section 5.03.06 I, a submerged resources survey, as applicable. 8. A chart, drawn to scale, of the waterway at the site, depicting the waterway width, the proximity of the proposed facility to any adjacent navigable channel, the Proximity of the proposed facility to docks, if any, on the adjacent lots, and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank. 9. Site Plan illustrating the following: a. Lot dimensions; b. Required setbacks for the dock facility; c. Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); d. Configuration, location, and dimensions of existing and proposed facility; e. Water depth where proposed dock facility is to be located; f. Distance of the navigable channel; R. Illustration of the contour of the property; and h. Illustration of dock facility from both an aerial and side view. 10. Narrative response to listed criteria/questions noted in LDC section 5.03.06 H. 11. Signed and notarized affidavit by propertyowner or agent. 12. Addressing checklist. 13. Property Ownership Disclosure Form. 14. Electronic copy of all documents. 15. Copies for the Hearing Examiner or Planning Commission as identified on the application's Submittal Checklist. 16. Affidavit of Authorization. Notice Notification requirements are as follows. G* See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised public hearing. The County will mail the letters at the applicant's expense. The advertisement shall include at a minimum: a. Date, time, and location of the public hearing; b. Petition number; c. Extension and total protrusion of the facility: and d. Date by which written comments must be filed with the Zoning Division. 31 Revised: 2/17/2023 Packet Pg. 528 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing: b. Petition number: c. Extension and total protrusion of the facility: d. 2 in. x 3 in. map of the project location: and e. Date by which written comments must be filed with the Zoning Division. 3. Sign: Posted at least 15 days before the first advertised public hearing date. G* See Chapter 8 E. of the Administrative Code for sign template. Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. a See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or Planning Commission. Completeness and G*See Chapter 1 D.5 for the acceptance and processing of an application.—Tbe Processing of Application Review Process The Zoning Division will review the application, identify whether additional materials are needed and prepare a Staff Report, utilizing the criteria in LDC section 5.03.06 H, to present to the Decision Maker. Updated 32 Revised: 2/17/2023 Packet Pg. 529 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual B.3. Boat Lift Canopy with Deviations Reference LDC sections 5.03.06 G, 8.10.00, and LDC Public Notice section 10.03.06 H. Applicability A boat lift canopy with deviations petition is reauired for a proposed boat lift canopy that does not meet the standards of LDC section 5.03.06 G. Pre -Application AApre-application meeting is reauired. Initiation The applicant files a "Boat Lift Canopy Application" with the Zoning Division. G*See Chapter 1 D. for additional information reaardina the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: a. Property identification number: b. Section, township, and range; c. Subdivision, unit, lot and block; and d. Address of subiect site. 3. Current zoning and land use of subject property. 4. Survey, signed and sealed, showing any existing dock facility. S. Scale drawing of the proposed canopy showing all dimensions. 6. Sample of the fabric for color review. 7. Property Ownership Disclosure Form. 8. Addressing checklist. 9. Affidavit of Authorization. Notice Notification requirements are as follows. c* See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised public hearing. The County will mail the letters at the applicant's expense. The advertisement shall include at a minimum: a. Date, time, and location of the public hearing: b. Petition number; c. Extension and total protrusion of the facility: and d. Date by which written comments must be filed with the Zoning Division. 33 1 Revised: 2/17/2023 Packet Pg. 530 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Petition number; c. Extension and total protrusion of the facility: d. 2 in. x 3 in. map of the project location: and e. Date by which written comments must be filed with the Zoning Division. 3. Sign: Posted at least 15 days before the first advertised public hearing date. q See Chapter 8 E. of the Administrative Code for sign template. Public Hearing The Planning Commission shall hold at least 1 advertised public hearing. <*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or Planning Commission. Completeness and G*See Chapter 1 D.5 for the acceptance and processing ofan application. Processing of Application Updated 34 Revised: 2/17/2023 Packet Pg. 531 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual C. Conditional Uses (CU) C.I. Conditional Use Permit Reference LDC sections 10.08.00, 8.10.00, LDC Public Notice &u4section 10.03.06 B or C, and F.S. § 163.3202. Applicability A conditional use permit is required if the proposed use or development is eligible as a conditional use or a minor conditional use in the applicable zoning district. A minor conditional use is one which does not require environmental review under Section 2-1191 et sea. of the Code of Laws and Ordinances and which is not a case of great public interest or concern as determined in the discretion of the Hearing Examiner or as requested by a member of the Board of County Commissioners. The Commissioner of the District in which the proposed minor conditional use is located may direct that the minor conditional use be heard by the CCPC in an advisory capacity and then the Board of Zoning Appeals or Board of County Commissioners for final action. Pre -Application A pre -application meeting is required. Initiation The applicant files an "Application for Public Hearing for: Conditional Use" with the Zoning Division. G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The petition should include material necessary to demonstrate that the approval of the Contents conditional use will be in harmony with the general intent and purpose of the LDC, will be consistent with the Growth Management Plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. The application must include the following: 1. Applicant contact information. 2. Addressing Checklist. 3. A cover letter briefly explaining the proposed project. 4. ^iSGl9S11F^ 49WReFship Property Ownership Disclosure Form. S. The date the subject property was acquired or leased (including the term of the lease) If the applicant has an option to buy, indicate the date of the option, the date the option terminates, and anticipated closing date. 6. The name and mailing address of all registered Home Owners Associations and civic associations whose members are impacted by the application. 7. Pre -application meeting notes. 8. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly. 9. PUD Ordinance and Development Commitment information, if applicable. 351Page Revised: 2/17/2023 Packet Pg. 532 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual a� 10. A written petition that shows how the proposed use satisfies the findings outlined in 0 V LDC section 10.08.00. m 11. Property information, including: L • a. Legal description; or if the conditional use involves only g p y part of a PUD, Mn - only a legal description for the subject portion is required; E • b. Property identification number; Q m • c. Section, township and range; N • d. Subdivision, unit, lot and block, or metes and bounds description; t a) L • e. Address of subject site and general location; and Q' E • f. Size of property in feet and acres. 0 U 12. If the propertyowner owns additional property contiguous to the subject property, CD then the following information, regarding the contiguous property, must be included: v N • a. Legal description; • b. Property identification number; • c. Section, township and range; and • d. Subdivision, unit, lot and block, or metes and bounds description. 13. Zoning information, including_ i • Adjacent zoning and land use. 14. Conditional Use requestdetail, identifying currentzoning district, type of use and present use of property. 15. A description of previous land use applications on the subject property, including whether a public hearing was held on the property or any abutting properties within the year precedingthe application, and the nature of that hearing. 16. Conceptual site development plans at an appropriate scale showing the proposed placement of structures on the property, provisions for ingress and egress, off-street parking and off-street loading areas, refuse and service areas, and required yards, and other open spaces. The conceptual site development plan does not replace the site development plan (SDP) required by Chapter 4 of the Administrative Code. 17. Completed Statement of Utility Provisions. 18. Plans showing proposed locations for utilities. 19. Plans for screening and buffering the use with reference asto type, dimensions, and character. 20. Plans showing the proposed landscaping and provisions for trees protected by County regulations. 21. Plans showing the proposed signs and lighting, including type, dimensions, and character. 22. Environmental Data Requirements. G*See LDC64bsection 3.08.00A. 36 1 Revised: 2/17/2023 Packet Pg. 533 10.A.b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 23. Environmental Data Requirements for PUD Zoning and Conditional Uses q See Chapter 7 A. of the Administrative Code. 24. Recent aerial photographs must be legible at the scale provided. The aerial shall identify plant and/or wildlife habitats and their boundaries. The identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System. Developments shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat. 25. An Architectural Rendering of proposed structures, if applicable, q See Chapter 4 A. of the Administrative Code. 26. Traffic Impact Study pSee Chapter 78. of the Administrative Code. 27. If the property is located within an area of historical or archaeological probability, as identified at the pre-app meeting, a historical and archeological survey or waiver application. 28. If the zoning district places additional requirements on the requested use, include documentary evidence that those requirements are met. 29. Permits: All Federal, State, and local permits shall be submitted priorto construction and before the pre -construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre - construction meeting. 30. Owner/agent affidavit as to the correctness of the application. 31. Electronic Copy of A -all Documents. 32. Affidavit of Authorization. Completeness and C*See Chapter 1 D.5 for the acceptance and processing ofan application. The DlanRing Q• Processing of Application 4(;c mpaRying that respeRse will be a reGeilatfor the payment AAd the trackiAg number .,roil AR all future G RdeRGe r ardingthe Petiti.,r, Notice for Minor Notification requirements are as follows. q See Chapter 8 of the Administrative Code for Conditional Use additional notice information. petitions 1. NIM: The NIM shall be completed at least 15 days ppiep %9 the uo-,riRg lixa .,ir.@ spot,,,; .,f rho AdM;R0#Pa+410 GAdP before the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. 3. 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: • a. Date, time, and location of the hearing; 371Page Revised: 2/17/2023 Packet Pg. 534 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location. 4. Sign: (see format bek •4 Posted at least 15 days before the advertised Hearing Examiner hearing date. Ga See Chapter 8 E. of the Administrative Code for sian template. [Please note: If the Minor Conditional Use petition is to be heard before the BZA, the notice procedures shall be the same as the procedures for all other Conditional Use petitions listed below.] LICHEAR ING REQUEST[ NG PETITION MBER: TO PERMIT: (Request-Sufficien LOCATION: DATE: CONTACT: clear to descr E: the project) THE ABOVE T E HELD AT THE GROW MANAGE NT DIVISION BUILDING, 2800 HORS ❑E DR., NAPLES, FL 34104 OR AS OTH ISE D G NATED. Notice for all other Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for Conditional Use additional notice information. petitions 1. NIM: The NIM shall be completed at least 15 days before the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location f the PI@R,;Rg 4. Sign: (see f^rmat bek •4 Posted at least 15 days before the advertised public hearing date. G* See Chapter 8 E. of the Administrative Code for sign template. a Revised: 2/17/2023 Packet Pg. 535 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual LIC HEARING REQUESTING REZONE APPROVAL PETITIO UMBER: TO ALLOW: (Request-Sufficie LOCATION: DATE: _ CONTACT: clear to describ_QoChe project) THE ABOVE TO HELD IN THE BOAR COUNTY COMMISSI RSCHAMBERS,THIRDFLOO COLLIER COUNT OVERNMENTCENTER,3299TAMIA RAIL EAS APLES, FLORIDA, 34112. Public Hearing for The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. If the BZA is Minor Conditional the final Decision Maker, the Minor Conditional Use petition shall follow the same public Use petitions hearing process as all other Conditional Use petitions. q see Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. ado Minor Cenditi.,n@l I Icoc @o dPfina,-1 in I D- C c r+inn 940 n nn Public Hearing for 1. The EAC shall hold at least 1 advertised public hearing, if required. all other 2 The Planning Commission shall hold at least 1 advertised public hearing. Conditional Use petitions 3. The BZA shall hold at least 1 advertised public hearing. Decision Maker for The Hearing Examiner or BZA. Minor Conditional Use petitions Decision Maker for The BZA, following a recommendation from both the EAC, if required, and the Planning all other Commission. Conditional Use petitions Staf# Review The Planning& Zoning Division will review the application, identify whether additional Process materials are needed, and prepare a+; Staff Report or Executive Summary , and sGh@d !e hearing date before the apprepriate body to presentthe Decision Maker the petition for Recording of Within 30 days of approval of the conditional use, the owner or developer at its expense Developer shall record in the Public Records of Collier County a Memorandum of Understanding of Commitments 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 conditional use. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, F.S. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning corviGes Departmpn+ Division, within 15 days of recording of said Memorandum or Notice. Updated 391Page Revised: 2/17/2023 Packet Pg. 536 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual a� C.2. Conditional Use Extensions ° a� Reference LDC section 10.08.00 and 8.10.00, and LDC Public Notice &Ubsection 10.03.06 D. L Applicability This establishes a process to extend the life of an approved conditional use permit. N .r- Pre-Application A pre -application meeting is required. E Q Initiation The applicant files an "Application 9for Public Hearing Conditional Use Extension" with the m D1-I@RR6Rg & Zoning Division. N a� G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. L 0 Application The application must include the following: U Contents 1. Applicant contact information. CD 2. n;rd^s;„ra of Awnors";^ ;^formatign PropertyOwnership Disclosure form. 3. The date the subject property was acquired or leased (including the term of the lease). f° If the applicant has an option to buy, indicate the date of the option, the date the option terminates, and anticipated closing date. 0 4. Property information, including: U) c • a. Legal description; N • b. Property identification number; • c. Plat book and page number; • d. Section, township and range; • e. Subdivision, unit, lot and block, or metes and bounds description; • f. Address of subject site and general location; and • g_ Size of property in feet and acres. S. Zoning information, including: • a. Zoning of adjacent properties when original Conditional Use was approved; • b. Land use of adjacent properties when original Conditional Use was approved; • c. Current zoning of adjacent properties; and • d. Current land use of adjacent properties. 6. Two copies of a signed and sealed boundary survey (completed within the last 6 months, maximum 1 in. = 400 ft. scale) if required to do so at the pre -application meeting. 7. Conditional Use extension requestdetail, identifying currentzoning district, type of use and present use of property. 8. Copies of Warranty Deed(s) for the current property owners. 401Page Revised: 2/17/2023 Packet Pg. 537 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 9. A narrative statement describing the requestfor conditional use extension and how it meets the criteria discussed in LDC section 10.08.00. 10. How the request remains consistent with the applicable sections of the LDC and GMP, including the future land use element; any GMP amendments since the approval of the conditional use; identify any development/redevelopment that has occurred on adjacent parcels and what effect, if any, an extension would have on those uses; and any additional relevant information. 11. A description of previous land use applications on the subject property, including whether a public hearing was held on the property or any abutting properties within the year precedingthe application, and the nature of that hearing. 12. Cover letter briefly explaining the project. 13. Pre -application meeting notes. 14. A site plan (measuring no larger than 24 in. x 36 in.) and a conceptual site plan measuring 8% in. x 11 in. 15. Owner/agent affidavit as to the correctness of the application. 16. Traffic Impact Study GaSee Chapter 78. of the Administrative Code. 17. Electronic copy of all documents. 18. Copies of the previously approved conditional use site plans, and one reduced 8% in. x 11 in. copy of the site plan. The applicant shall provide additional copies of the plan upon completion of Staff's evaluation for distribution to the Board, if requested by the staff planner. 19. The resolution that approved the conditional use. 20. A copy of the original application for the conditional use. 21. Addressing Checklist. 22. Affidavit of Authorization. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. Th@ olapniRg Q. Processing of Application GGmpleted appliGatiGR parket ar.Gempanied with the required fee, the applicant will pere @Il f11+11.ro G.,rreSPO...deRce r ar.diRg%he petotirin Notice for Minor Notification requirements are as follows. G� See Chapter 8 of the Administrative Code for Conditional Use additional notice information. Extension petitions and all 1. Mailed Notice: Written notice shall be sent to property owners in the notification area other Conditional at least 15 days before the advertised public hearing. Use Extension petitions 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; and 41 1 Page Revised: 2/17/2023 Packet Pg. 538 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual • b. Description of the proposed land uses. 3. Sign: (see format bek •4 Posted at least 15 days before the advertised Hearing Examiner hearing date. Ga See Chapter 8 8 of the Administrative Code for sign template. BLIC HEARING REQUESTING PETITlO UMBER: TO PERMIT: Request-Sufficie clear tadescri the project] LOCATION: DATE: E: CONTACT: ---- — THE ABOVE TO HELD AT THE GR❑ MANAGE T DIVISION BUILDING, 2800 HORS ❑E DR., NAPLES, FL 34104 OR AS OT Wl5E D GNATED. Public Hearing The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. a See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or BZA. Review Process The PlanRing Zoning Division will review the application, identify whether additional materials are needed, and prepare a Staff Report or Executive Summary to present to toe Of iee e€ the Decision Maker He@F;Rg F.,-,., iAP-r for ,I^,.;-;^.,. Updated 42 1 Revised: 2/17/2023 Packet Pg. 539 10.A. b Text underlined is new text to bead cled T8Xt..4ri L..+hrr,61gh 0.. Rt M..4 to hRd..I.43d Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual C.3. Conditional Use Re -Review Reference LDC section 10.08.00 and 8.10.00 and LDC Public Notice section 10.03.06 D. Applicability If a Conditional Use is approved with stipulations, the Conditional Use is reviewed to determine whether the applicant has met the conditions of approval or whether additional stipulations are necessary. The Hearing Examiner will establish the time period or dates when the conditional use is subject to review. This is a mandatory procedure for any applicant holding a valid conditional use permit that has stipulations. Pre -Application A pre -application meeting is required. Initiation The applicant files a "Conditional Use Re -review" application with the ° Zoning Division. G* See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant Contact Information. 2. A letter describingthe request. 3. All documents necessaryto address the conditions or stipulations. 4. Pre -application meeting notes. S. Addressing checklist. 6. Property Ownership Disclosure Form. 7. Affidavit of Authorization. Completeness and <*See Chapter 1 D.5 for the acceptance and processing ofan application. The olaRRiRg Q. Processing of Application t,'-..tee., XXX2012 assigned to %he Peti%iGR. This titiGn #.along R61F• Pr ;hAwl.d ho tp d AA @II fl46IFe GGrFeSPGRd@RGe r ar.dingthe Petiti.,r, Notice for Minor Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for Conditional Use additional notice information. Re -Review petitions and for 1. Mailed Notice: Written notice shall be sent to property owners in the notification area all other at least 15 days before the first advertised public hearing. Conditional Use Re -Review -1?• Newspaper Advertisements: The legal advertisement shall be published at least 15 petitions days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; and • b. Description of the proposed land uses. 431Page Revised: 2/17/2023 Packet Pg. 540 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Public Hearing 4.The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. <*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or BZA. Review Process The Planning& Zoning Division will review the application, identify whether additional materials are needed, and prepare a Staff Report or Executive Summary to present to the Decision Maker nff,re A-f the -Hearing E.,a, iRer f r a decision Updated 441Page Revised: 2/17/2023 Packet Pg. 541 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual D. Development of Regional Impact (DRI) D.1. DRI Application - Establishment of a new DRI Reference LDC Public Notice s4lasection 10.03.061 and F.S. § 380.06 a-R4L380.0651, and 163.3184. A DRI may involves the reviewand input by the Florida Department of Economic Opportunity (DEO) and the Southwest Florida Regional Planning Council (SWFRPC). � coo Applicability This section applies to the establishment of a DRI pursuant to F.S. 380.06 (12) Proposed Developments and F.S. 163.3184(4). G* See F.S. § 380.0651 and FAC 28-24 (DRI thresholds) for statewide guidelines and standards to determine whether DRI review is required. Ga See Chapter 14 - AppendixA of the Administrative Code for a flow chart of State, Regional and Local review process. Pre -Application A pre -application meeting is required. Initiation If certain thresholds are met, DRI review is required. See F.S. § 380.06(2) and 380.0651 and FAC 28-24. The applicant files the County's "Application 9 for Public Hearing c for DRI Application for Development Approval (DRI)," and A applicants must submit an Application for Development Approval (ADA) for a DRI simultaneous review with a growth management plan amendment PeF gSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The County's application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. n;rcI^s;,,r@ of Akklnershlp Property Ownership Disclosure Form. 4. Completed ADA form with all attachments. 5. Draft DRI Development Order to address the proposed change. 6. Property information, including: • a. Legal description of subject property and any contiguous property owned by the applicant; • b. If the application involves a change to more than one zoning district, include a separate legal description for each district; • C. Property identification number; 451Page Revised: 2/17/2023 Packet Pg. 542 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual • d. Section, township and range; • e. Subdivision, unit, lot and block, or metes and bounds description; • f. Address of subject site and general location; and • g. Size of property in feet and acres. 7. An explanation of whether the requested action is consistent with the Growth Management Plan. 8. A statement of whether a public hearing was held on the property within the year precedingthe application and an explanation of that hearing. 9. A detailed narrative statement that explains the requested action and why this action is proposed. Provide applicable supporting material, and a list of all previous actions on the subject site, beginning with the original DRI/PUD approval and including all subsequent amendments. Include the hearing number, hearing dates and a summary of the approved action. 10. A description of any sale or development of the DRI. 11. Traffic Impact Study pSee Chapter 78. of the Administrative Code. 12. Environmental Data Requirements. G*See LDC&W�section 3.08.00A. 13. An 8% in. x 11 in. graphic location map of the site. 14. Signed and sealed survey, no older than 6 months. 15. DRI Development Order Master Plan. 16. Copies of Notices sent to DEO and RPC. 17. Pre -application meeting notes. 18. Owner/agent affidavit as to the correctness of the application. 19. Electronic copy of all documents. 20. Affidavit of Authorization. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The PlaR ,iRg Q. Processing of Application Gernpleted appiiGatiOR paGket aGGOFRPaRied with the required fee, the applicant A ' fill recLQ future r r,denGe r ardiRgthe petitia-n Notice Notification requirementsare — cao rhGPtar Q 4the nd.,ginistr. 4 ,o C- des f^r -00 See r c § 39Q Q6(1 ! )fnr,.,a,a:t:r 9.1 Pot:r-o rQ &jFLQmL2nt& :ftl,e DR! is pFeposed ,.,:thin the :, r:;W,-t:On 4 r,.,,,ro thGP OPER 1 6 i n Rnt Inaccordance with F.S. § 380.06 and the Florida Administrative Code. 461 Page Revised: 2/17/2023 Packet Pg. 543 10.A. b Text underlined is new text to bead cled TQ--Xt n+riLethri,U gh 0.. Rt t8Xt to hR d..i. 4-d Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 2-1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: Ga See also F.S. §.380.06 (7) and §.50.011 for State publication requirements. • a. Date, time, and location of the hearing; • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location 3. Sign• (see format below) Dec+ed -a+ le-aS+ 95 days before+he DlaRRiRg r'".,-,mi«ien hearinrt .J�+e n+er S2 C Of+he /Irlr„�r,ir+r..+i,�e rQdLQ for r NNAL EQUESTING DEVELOPMENT OF R: (Request -Sufficient tear to des a the project) LOCATION: DATE: _ E: CONTACT: ZNAPLES, ELD IN THE BOARD COUNTY HAMBERS,THIRD FLOO , OLLIER ENT CENTER, 3299TAMIA RAIL IDA, 34112. Public Hearing The hearing is hel.J..,ithin On days after the C\A/CQD!"c nr.+iGe nle«+he applicant hearing. 2_ The PlanningZoning Division will record the hearing proceedings by tape or a certified court reporter and make the recordings available for transcri ption at the expense of any interested party. 4�1cee 9c �Qn n� I 1. The EAC shall hold at least 1 advertised public hearine. if reauired. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC, following a recommendation from both, the EAC, if required, and the Planning Commission. Review Process 1, ❑or dptermin ffi ien�„ cee c c �szn n�i�nl 2- 1. Report and recommendation by RPC, if available cee r c �Qn n�i, 4 2. The County will reviewthe application at the same time as the Growth Management Plan amendment application, if applicable, prepare an Executive Summary, and schedule a 471Page Revised: 2/17/2023 Packet Pg. 544 10.A.b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual hearing date before the Planning Commission and the BCC to present the petition for approval. Recording Notice of the adoption of an amendment to an adopted development order shall be recorded by the develope r,with the clerk of circuit court. G* See F.S. §.380.06(4)(c) Updated 481Page Revised: 2/17/2023 Packet Pg. 545 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual a� D.2. DRI Abandonment ° U a� Reference LDC Public Notice section 10.03.06 1 and F.S. § 380.06(2411); FAG 72r_400 L Applicability This establishes a processforthe County, a propertyowner, ordeveloperto N .r- abandon a valid DRI. E Q m affeeMeRt with the Cl.,rida nCn .,hiGh i gE)VeFRed by F.S. § 74906(g)(a) 91 Anal y t N L Pre -Application A pre -application meeting is required. Q- E Initiation The applicant files the following applications_ 0 1. "Application for Public Hearing, Abandonment of a Development of Regional 0 Impact" (DRIABN); gSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. N z "ApplTGati.,n fer n.b_AdQRrneR+ 4G DE-Ve!. ent GfR 6 „ yiith-all fC at+(h on+R(FORM DEQ—IzCP-nRAISIDONMENT DR! 1). 4s-a„ail hip C ca n +ho PlAroda nGn ,. ohs;i+o +' N Application The application must include the following: U) Contents — M 1. Applicant contact information. N r- 2. nis;^i^s;„re Af ^.^.nershin Property Ownership Disclosure Form. N 3. DRI Development Order name and number. a U 4. Property information, including: U • a. Legal description of subject property and any contiguous property owned by the applicant; • b. If the application involves a change to more than one zoning district, include a separate legal description for each district; • c. Property identification number; • d. Section, township and range; • e. Subdivision, unit, lot and block, or metes and bounds description; • f. Address of subject site and general location; and • g_ Size of property in feet and acres. S. A narrative and detailed explanation of the reason for seeking abandonment. 6. Completed State Abandonment form with all attachments. 7. Completed DEO Application for Abandonment of DRI and copies of the submittal letters submitted to DEO and RPC. 8. An explanation of whether the abandonment is consistent with the Growth Management Plan. 491Page Revised: 2/17/2023 Packet Pg. 546 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 9. A statement of whether a public hearing was held on the property within the year precedingthe application and an explanation of that hearing. 10. A description of any sale or development of the DRI. 11. An 8% in. x 11 in. graphic location map of the site. 12. DRI Development Order Master Plan. 13. Pre -application meeting notes. 14. Owner/agent affidavit as to the correctness of the application 15. Electronic copies of all documents. 16. Affidavit of Authorization. 17. Proof all required mitigation has been completed or will be completed under an existing permit. Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application. -h4 Processing of Planning & Zoning Division will r .,the a pliGation for , pleteness often Application fee the applicant ..dll rpcPmvp a PAallpel Ar ele GtroniG resper,.,rifi,i r, ,. the a reGefptfor the payment and the traGki mber (i.e., X%29120999c) assigRed tothepet+t+en. This pet+tiGn trakingRumber „Ion-b@ ;ated�1l f ,tune n Gle RGe r -,r.liRgthe r.etitier. Notice Netmee i ided by the r 6IRty t DEC) and the RPC 45 days hefope the Qrr ha";„U,,-4*- — _ r, iihl, In accordancewith F.S. § 380.06and the Florida Administrative Code. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process 1. The County will reviewthe application, identify whether additional materials, pursuant to F.S. 380.06 (7), are needed, prepare an Executive Summary, and schedule a hearing date before the Planning Commission and the BCC to present the petition for approval. 2. At the public hearing, the BCC will render a written decision to grant, grant with conditions, or denythe requestfor abandonment within 30 days of the o„hl;rheaFirs�c,,rnr73r_nnmc4 Ryel_i Recording The County will issue file a notice of the abandonment pursuant to F. S. 28.222 with the clerk of circuit court. within 15 days after , appeal i el„e,l er after the appeal period expires. q See F.S. 380.06(11)(a) cnr 72r_40 025162yel Appeal q See F.S. § 380.07. Updated 501Page Revised: 2/17/2023 Packet Pg. 547 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual D.3 DRI Development Order Amendment Reference LDC &ubsection 10.02.13 E.1.j, LDC Public Notice section 10.03.069 1 and F.S. § 380.06(44 7) Applicability This establishes a processforthe County, a propertvowner, ordeveloperto amend or change a valid DRI. A pre -application meeting is reauired. Pre -Application The applicant files an "Application for Public Hearing, for DRI Development Order Amendment" (DOA): Initiation C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. The application must include the following: Application 1. Applicant contact information. Contents 2. Property Ownership Disclosure Form. 3. DRI Development Order name and number. 4. Property information, including: a. Legal description of subject property and any contiguous property owned by the applicant: b. If the application involves a change to more than one zoning district, include a separate legal description for each district: c. Property identification number: d. Section, township and range: e. Subdivision, unit, lot and block, or metes and bounds description; f. Address of subiectsite and general location; and R. Size of property in feet and acres Notice In accordance with F.S.380.06 and the Florida Administrative Code. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if reauired. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process 1. The County will reviewthe application, identify whether additional materials, pursuant to F.S. 380.06 (7), are needed, prepare an Executive Summary, and schedule a hearing date before the Planning Commission and the BCC to present the amendment for approval. 2. At the public hearing. the BCC will render a written decision to grant, grant with conditions, or denythe reauestfor the proposed amendment. 51 Revised: 2/17/2023 Packet Pg. 548 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Recording Notice of the adoption of an amendment to an adopted development order shall be recorded by the develope r.with the clerk of circuit court. C:> See F.S. §.380.06(4)(c). Updated 52 Revised: 2/17/2023 Packet Pg. 549 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual E. Mixed Use Project (MUP) - Public Hearing for use of Bonus Density Pool and/or other Deviations Reference LDC sections 4.02.16 C.8, 10.02.15 and LDC Public Notice &ubsection 10.03.06 N. Applicability This procedure appliesto a request for a mixed use project (MUP) within the Bayshore Gateway Triangle Community Redevelopment Area which seeks to utilize the Bonus Density Pool and/or other deviations. This does not include the Limited Density Pool Allocation. Eligible Applicants Property owners in the following zoning districts: 1. Bayshore Zoning Overlay, Neighborhood Commercial (BZO-NC) Subdistrict. 2. Bayshore Zoning Overlay, Waterfront (BZO-W) Subdistrict. 3. Gateway Triangle Zoning Overlay, Mixed Use District (GTZO-MXD) Subdistrict. Pre -application A pre -application meeting is required. Initiation The applicant files a "Mixed Use Project Plan (MUP) with Deviations- Public Hearing," with the Planning& Zoning Division. G*See Chapter 1 D. for additional information reaarding the procedural steps for initiating an application. Application MUPs that require a public hearing shall follow the applicable submittal requirements of a Contents Conditional Use in Chapter 3 C. of the Administrative Code. In addition, pursuant to LDC section 10.02.15 A.2., the applicant shall prepare a conceptual plan depicting mixed use development and noting all deviations. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The Dlannin.. Q. Processing of Application preGesso.J AGGempan yinn +ha+ response will be a 'n+for+he payment and the traGkiR number (i.e., XXXT2012 assigned %9 t,h2--�ieR. This etiti ,n +rad(iRg w,hor ;hndld by ngtpd op all fiiture correspendenGe r ar.dingthe pet' inn Notice Notification requirements are as follows: p See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to propertyowners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; 531Page Revised: 2/17/2023 Packet Pg. 550 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location for the 4ZABCC advertisement. 4. Sign: (see format bek •4 Posted at least 15 days before the advertised Planning Commission hearing date. Ga See Chapter 8 E. of the Administrative Code for sign template. BLICHEARING REQUESTING MIXED USE PROJECT APP VAL PETITION N BER: TO ALLOW: (Request-Sufficientl ear to d LOCATION: _ DATE: CONTACT: the project) THE ABOVE T BE HELD IN THE BOARD COUNTY COMMI NERSCHAMBERS,THIRDFLOOR, OLLIER CO91rY GOVERNMENT CENTER, 3299TAMIAM AIL T, NAPLES, FLORIDA, 34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BZA shall hold at least 1 advertised public hearing. Decision Maker The BZA following recommendations from both the EAC, if required, and the Planning Commission. Review Process The Planning& Zoning Division will review the application, identify whether additional materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC, if required, and Planning Commission to present the petition for review. Following the recommendation by the Planning Commission, the °tea Zoning Division will prepare an Executive Summary and schedule a hearing date before the BZA to presentthe petition for review. Updated 2022-36 54 1 Revised: 2/17/2023 Packet Pg. 551 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual a� F. Parking Exemption - With a Public Hearing U a� Reference LDC &u4section 4.05.02 K.3, LDC section 8.10.00, and LDC Public Notice &w4section M 10.03.06 G. N Applicability This procedure applies to relief from the various minimum parking requirements established within the LDC and shall follow the circumstances identified in LDC &u4section E 4.05.02 K.3.a. Q Pre -Application A pre -application meeting is not required but may be requested. m Initiation The applicant files an "Application 9for Public Hearing Efor Parking Exemption" with the Planning& Zoning Division. a) CL E G*See Chapter 1 D. for additional information reaarding the procedural steps for initiating o an application. U 0 Application The application must include the following: Contents 1. Applicant contact information. �a 2. Property information of principal site and off -site parking, if applicable, including: ca • a. Legal description; N b. Property identification number; • c. Section, township, range, Plat book and page number; N r- • d. Subdivision, unit, lot and block, or metes and bounds description; r N • e. Address and general location; and a U • f. Size of property in feet and acres. U am 3. Zoning information, including: Q. • a. Zoning classification of any proposed off -site parking; and • b. Zoning and type of land use of the propertythat the Parking Exemption m o is proposed to serve. U a� 4. The name and mailing address of all registered Home Owners Association's that could be affected by the application. w A 5. PropertvOwnership Disclosure Form. S 6. Project information, with the following included: Q • a. Total number of parking spaces required for the project; • b. Number of parking spaces proposed to be located off -site; • c. Whether the proposed parking lot is separated from the permitted use by a collector or arterial roadway, and the roadway name; and • d. Whether the permitted use is proposed to share required parking with another permitted use. 7. A narrative statement describing the requestwith specific reference to the criteria noted in LDC &u4section 4.05.02 K.3.b., and any backup materials or documentation 551Page Revised: 2/17/2023 Packet Pg. 552 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 8. Pre -application meeting notes, if applicable. 9. Addressing checklist. 10. If required, a Boundary Survey (completed within the last 6 months, maximum 1 in. to 400 ft. scale) that is abstracted, signed, sealed and prepared by a Florida registered land surveyor. The boundary survey must include the following: • a. The location and dimensions of all property lines, existing streets or roads, easements, rights -of -way, and areas dedicated to the public; and • b. An Attorney's Opinion of Title or by a sworn statement from the property owners stating that they have provided sufficient information to the surveyorto allow the accurate depiction of the information on the survey. 11. A conceptual site plan drawn to a maximum 1 in. to 400 ft. scale. The plan must measure 24 in. x 36 in. along with a reduced 8% in. x 11 in. copy. The site plan shall show the following information: • a. All existing and proposed structures and their dimensions; • b. Provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egressto the site and the structure(s) on site); • c. All existing and/or proposed parking and loading areas (including a matrix that indicates required and provided parking and loading, including required parking for the disabled); • d. Required yards, open space and preserve areas; and • e. Proposed and/or existing landscaping and buffering as may be required by the County. 12. Owner/agent affidavit as to the correctness of the application. 13. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly 14. Map of property location. 15. 10-Year Lease Agreement, if required by the approval criteria. 16. Electronic copies of all documents. 17. Agent Letter review. Following the initial staff review comments and prior to the resubmittal the following Agent Letter materials shall be submitted to the assigned Planner for reviewand approval: a. A list of the names and addresses of property owners to receive the Agent Letter; and b. A draft of the Agent Letter. 18. Affidavit of Authorization. 56 Revised: 2/17/2023 Packet Pg. 553 10.A. b Text underlined is new text to bead cled Te..+ n4riLethreUgh i.. Rt M..4 to hRd..i.4-d Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The Planning & Processing of Application preGesserl AGGampanying that response will he a 'n+for+he payment @Ad +he tracking number rv,�XX2012 Ill/ 09)ito th e%iitiien.�os petition +raGLinn sheuld he need a all fi�+��re r assignedndenre r arding+he ne+i+ien Notice Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feetof the subject property following the initial staff review comments and prior to the resubmittal. See Application Contents for review and approval of letter materials. NINA- The NInA shall her nle+erl at leas+ 95 .Joys before+he arlye r+iced Hearing meeting.given to propertyowners in the notification aren at least 15 days prierte thp AIIR4 2. Mailed Notice: Written notice shall be sentto propertyowners in the notification area at least 15 days beforethe first advertised public hearing. •^+hin 150fee+ef+he 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; and • b. Clear explanation of the parking relief sought. 4. Sign: Posted at least 15 days before the first advertised public hearing date. ea See Chapter 8 E. of the Administrative Code for sign template. Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. <*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission, 1 BZA hearing is required. Decision Maker The Hearing Examiner or BZA. Review Process The °tea• Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report or Executive Summary, utilizing the criteria identified in LDCs44section 4.05.02 K.3_to presentto the Decision Maker Qu'(;p of the Hearing Examiner fer a derision Updated 571Page Revised: 2/17/2023 Packet Pg. 554 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual G. Planned Unit Developments (PUD) U a� G.1 Rezoning to a PUD L Reference LDC section 10.02.13 A— F, LDC Public Notice &64section 10.03.06 B and F.S. § 163.3202. E Applicability This procedure applies to a request to rezone to a PUD. Q Pre -Application A pre -application meeting is re uired.The pre -application meeting with the PI@RR*Rg � m 'rn Zoning Division may address, but is not be limited to, the criteria set forth in LDC &w4section y 10.02.13 B.1. The applicant is encouraged to bring an aerial, proposed product type, and land uses to discuss. L Q. Initiation The applicant files an "Application for Public Hearing fora PUD Rezone" with theta• p Zoning Division. U 0 G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following information: Contents 1. Applicant contact information. 2. Addressing checklist. 3. A PUD Master Plan. Ga See Master Plan Contents below. 4. Name of project. 5. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 6. r,;_,.'^s;„re ^f AV,nership Property Ownership Disclosure Form. 7. The date the subject property was acquired or leased (including the term of the lease). If the applicant has an option to buy, indicate the date of the option, the date the option terminates, and anticipated closing date. 8. Property information, including: • a. Legal description; • b. Property identification number; • c. Section, township and range; • d. Subdivision, unit, lot and block, or metes and bounds description; • e. Address of subject site and general location; • f. Size of property in feet and acres; and • g_ PUD district. 9. If the propertyowner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included • a. Legal description; • b. Property identification number; 581Page Revised: 2/17/2023 Packet Pg. 555 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual • c. Plat book and page number; • d. Section, township and range; and • e. Subdivision, unit, lot and block, or metes and bounds description. 10. Detail of rezone request. 11. A narrative statement describing the rezone request with specific reference to the criteria pursuant to LDC section 10.02.13. 12. List of exhibits which are proposed to be included in the ordinance of adoption. 13. Completed Statement of Utility Provisions. 14. Statement of compliance with all elements of the Growth Management Plan. 15. General location map drawn to scale, illustrating north point and relationship of the site to external facilities such as highways, shopping areas, cultural complexes and the like. 16. Property ownership and general description of site (including statement of unified ownership). 17. Description or narrative of project development, including a description of the relationship of the proposed land uses to each other within the PUD and to land uses abutting/surrounding the project. 18. Boundary survey (no more than 6 months old) and legal description. 19. Proposed and permitted land uses within each tract or increment which shall be incorporated into the ordinance of adoption. 20. A dimensional standards table for each type of land use proposed within the PUD. Dimensional standards shall be based upon an established zoning district that most closely resemblesthe development strategy, particularly the type, density, and intensity of each proposed land use. All proposed variations or deviations from dimensional standards of the most similar zoning district shall be clearly identified. No deviations from the fire code will be permitted, except as otherwise allowed by that code. This table shall be incorporated into the ordinance of adoption. 21. The proposed timing for location of, and sequence of phasing, or incremental development within the PUD. 22. The proposed location of all roads and pedestrian systems, with typical cross sections, which will be constructed to serve the PUD and shall be attached as exhibits to the ordinance of adoption. 23. Habitats and their boundaries identified on an aerial photograph of the site. Habitat identification will be consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) and shall be depicted on an aerial photograph having a scale of 1 inch equal to at least 200 feetwhen available from the county, otherwise, a scale of at least 1 inch equal to 400 feet is acceptable. Information obtained by ground-truthing surveys shall have precedence over information presented through photographic evidence. Habitat, plant, and animal species protection plans as required by the LDC section 3.04.00 shall apply. 24. Environmental Data Requirements. gSee LDCsu44section 3.08.00A. 59 Revised: 2/17/2023 Packet Pg. 556 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 25. Environmental Data Requirements for PUD zoning q See Chapter 7A. of the Administrative Code. 26. Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses. 27. The location and nature of all existing public facilities, such as schools, parks and fire stations that will service the PUD. 28. A plan for the provision of all needed utilities to serve the PUD; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances. 29. Electronic copy of all documents. 30. Owner/agent affidavit as to the correctness of the application. 31. Historical/Archeological Survey or Waiver. 32. Traffic Impact Study. q See Chapter 7 B. of the Administrative Code. 33. Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PUD and any of its common areas or facilities. 34. Development commitments for all infrastructure and related matters. 35. When determined necessary to adequately assess the compatibility of proposed uses to existing or other proposed uses, relationship to open space, recreation facilities, or traffic impacts, or to assess requests for reductions in dimensional standards, the Via• Zoning Division Director may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate. 36. Deviations to sections of the LDC other than to dimensional standards related to building placement such as yard requirements, lot area requirements, and building height, shall be identified in the PUD application by citing the specific section number of the regulation and indicating the proposed modification to such regulation. The list of deviations shall be incorporated into the ordinance of adoption. 37. School Impact Analysis (SIA) application for the School District's review for a determination of school capacity, if the PUD has a residential component. 38. Affidavit of Authorization. PUD Master Plan Pursuant to LDC subsection 10.02.13 A, the PUD Master Plan will graphically illustrate the Contents development strategy, using The Community Character Plan for Collier County, Florida (April 2001) as a guide for development and redevelopment. The PUD Master Plan shall be prepared by a p Planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a 1 Landscape aArchitect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil a Engineer licensed by the State of Florida, or a practicing a Architect licensed by the State of Florida. The Master Plan shall include the following: 1. The title of the project and name of the developer. 2. Scale, date, north arrows. 60 Revised: 2/17/2023 Packet Pg. 557 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual a� 3. Boundaries of the subject property. Indicate all existing streets and pedestrian systems G U within the site, watercourses, easements, and land uses and zoning districts of abutting m property. Include book and page numbers of platted parcels, section lines, and other important physical features within and adjoining the proposed development. rn 4. Boundaries and dimensions of all proposed tracts or increments with an indication of the proposed land use category, including but not limited to: E Q a a. Residential (for multiple single-family lots, only the overall area reserved > for this land use category shall be indicated); N a b. Office; t a) L a c. Retail; Q- E a d. Commercial; O U a e. Industrial; c a f. Institutional; W N a g_ Conservation/preservation; �a a h. Lakes and/or other water management facilities; c a i_ Common open space; N M a L Buffers, by type — include a cross-section for any buffer that deviates from N c LDC requirements; M N r- a k. Community and/or public use — designate the location and function (e.g., N common open space), and whether they are dedicated or reserved; and U IL a I_ Recreational uses including golf courses and related facilities — include U provisions for ownership, operation, and maintenance. a; S. Identify all proposed and permitted land uses, pursuant to LDC section 2.03.06, within Q. each tract or increment describing: m a a. For residential O development: O U a i_ Acreage; > a ii. Number of dwelling units; r N a iii. Density; and S E a iv. Percentage of total development represented by each type of a use. W a b. For commercial, industrial, institutional or office: c e i_ Percentage of the total development represented by each type of m L use; Q- E a ii. Acreage (each tract or increment); j a iii. Maximum gross leasable floor area (each tract or increment); c a iv. Outline of the proposed building footprint (each tract or m E increment); and M 61 1 Revised: 2/17/2023 Packet Pg. 558 10.A.b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual a v. Building height for each structure (each tract or increment). 6. The relationship of the proposed land uses to each other within the PUD and to the land uses abutting and surrounding the project. 7. The location and size (as appropriate) of all existing drainage, water, sewer, and other utilities. 8. The location of all proposed major internal thoroughfares and pedestrian accessways, including interconnecting roadways within the PUD as well as with abutting uses. 9. Typical cross sections of all major, collector, and local streets, public or p rivate, within the proposed development. 10. The location of proposed and existing roads, rights -of -way, and pedestrian systems within 1,500 feet of the proposed development. 11. Information on previous and recent uses of land within the proposed development. 12. Proposed vehicular ingress and egress points. 13. Any other relevant information determined to be necessary by the Planning & Zoning Division Director. Completeness and c*See Chapter 1 D.5 for the acceptance and processing ofan application. Tho DI-,.,R*Rg 4. Processing of Application GGMP'eted @PPl;G@tiGR aGGampaRied with the required fee, the applicant will Pere PaGket PlActrA all futidre rnrreSPOR.deRGe r ar.diRgthe petitien Notice Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to propertyowners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to propertyowners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; • b. Description of the proposed land uses; • c. 2 in. x 3 in. map of the project location; and • d. Name and application number. 621Page Revised: 2/17/2023 Packet Pg. 559 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 4. Sign: (see format bek °4 Posted at least 15 days before the advertised Planning Commission hearing date. Ga see Chapter 8 E. of the Administrative Code for sign template. BLICHEARING REQUESTING PLANNED UNIT DE OPMENT(PUD)APPROVAL PETITION N BER: TO ALLOW: (Request -Sufficient tear to des e the project) LOCATION: DATE: E: CONTACT: THE ABOVE T E HELD IN THE BOARD COUNTY COMMIS NERSCHAMBERS,THIRDFLOO OLLIER COU GOVERNMENT CENTER, 3299TAMIA RAIL E NAPLES, FLORIDA, 34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process The Planning& Zoning Division will review the application and identify whether additional materials are needed. Pursuant to LDC &4A4section 10.02.13 B.3, Staff will prepare a Report utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria identified in LDC section 10.02.08. Staff will schedule a hearing date before the Planning Commission to presentthe petition. Following the Planning Commission's review, Staff will prepare an Executive Summary and will schedule a hearing date before the BCC to present the petition. Updated 631Page Revised: 2/17/2023 Packet Pg. 560 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual G.2. PUD Amendment Reference LDC &ubsection 10.02.13 E and LDC Public Notice &6bsection 10.03.06 B. Applicability This process applies to any requestto amend an approved PUD that cannot be considered an Insubstantial change or Minor change and therefore is a Substantial change as defined in LDC &4j4section 10.02.13 E. Pre -Application A pre -application meeting is required. Initiation The applicant files an "Application cfor Public Hearing For: Amendment Tto PUD (PUDA)" with the PlaRRiRg & Zoning Division. c*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application shall include a detailed written narrative describing all of the change(s) Contents and the reasons for the requestand shall follow the Application Contents required for a PUD Rezone. G*See Chapter 3 G.1 of the Administrative Code. In addition, all PUD documents are required to be submitted with the PUDA application. G*See Chapter 3 of the Administrative Code for PUD Requirements. Completeness and c*See Chapter 1 D.5 for the acceptance and processina ofan application. The Planning Q Processing of Application Gempleted appliGation parket aGcompanied with the required fee, the applicant- vAll FeGe 0 ve -a mailed or eleGtraniG response notifying the applicant that the petitien is being preGessed. AGGempanying that respGnse well he a iptfer+he payment aAd the tracking R61M"@eF (i.e-XXX20120 ^�assrgRed to the petition. This-petit+eRtFackiRg .,,her ;hn,,I l he noted en all f -wre eArrespGRdenGe reg ar.dingthe petition Notice Notification requirements are as follows: q See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location for the Planning Commission advertisement. 64 Revised: 2/17/2023 Packet Pg. 561 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 4. Sign: (see format bek °4 Posted at least 15 days before the advertised Planning Commission hearing date. Ga see Chapter 8 E. of the Administrative Code for sign template. BLICHEARING REQUESTING PLANNED UNIT DE OPMENT(PUD)AMENDMENTAPPROVAL PETITION N BER: TO ALLOW: (Request-Sufficientl ear to d LOCATION: _ DATE: CONTACT: the project) THE ABOVE T E HELD IN THE BOARD COUNTY COMMIS NERSCHAMBERS,THIRDFLOO , OLLIER COU>4Y GOVERNMENT CENTER, 3299 TAMIA RAIL EAKT, NAPLES, FLORIDA, 34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process The NaRRORg & Zoning Division will review the application and identify whether additional materials are needed. Pursuant to LDC section 10.02.13 B.3, Staff will prepare a Report utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria identified in LDC section 10.02.08. Updated Staff will schedule a hearing date before the Planning Commission to presentthe petition. Following the Planning Commission's review, Staff will prepare an Executive Summary and will schedule a hearing date before the BCC to present the petition. 651Page Revised: 2/17/2023 Packet Pg. 562 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual a� G.3. PUD Insubstantial Change U a� Reference LDC &60asection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice s414section L 10.03.06 H. n Applicability This process applies to insubstantial changes to a PUD Master Plan which meets the E thresholds in LDC subsection 10.02.13 E. Q m Pre -Application A pre -application meeting is required. N a� Initiation The applicant files an application for an "Insubstantial Change Ito PUD Master Plan (PDI)" a� with the Planning& Zoning Division. Q. E 0 G*See Chapter 1 D. for additional information reaardina the procedural steps for initiatina cU an application. c W Application The application must include the following: N Contents 1. Applicant contact information. f° c 2. ^is^lessure of ownership ProoertvOwnershio Disclosure Form. +a N 3. PUD Ordinance and Development Commitment information. m 4. A legal or graphic description of the area of amendment. This may be graphically illustrated on the Amended PUD Master Plan. If the amendment involves only part of the PUD, provide a legal description for the subject portion. 5. A narrative and detailed description of the amendment and why it is necessary. 6. An analysis of whether the amendment complies with the Growth Management Plan. 7. Whether a public hearing was held for the property within the year precedingthe application. If this has occurred, include the applicant's name. 8. Whether any part of the PUD has been sold or developed, and whether the proposed changes involve those areas. 9. Current and revised Master Plans, along with a reduced copy of each, describing the proposed changes of the following: • a. Land use; • b. Densities; • c. Infrastructure; • d. Open space, preservation or conservation areas; • e. Area of building square footage proposed for nonresidential development; • f. Change in potential intensity of land use and related automobile trip movements; and • g_ Relationships to abutting land uses. 661 Page Revised: 2/17/2023 Packet Pg. 563 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 10. Addressing checklist. 11. An 8% in. x 11 in. graphic location map of the site. 12. Pre -application meeting notes. 13. Owner/agent affidavit as to the correctness of the application. 14. Electronic copies of all documents. 15. Affidavit of Authorization. Completeness and C*See Chapter 1 D.5 for the acceptance and processing ofan application. The NaRniRg 4. Processing of Application ppar=essed. AGGempanyinn +ha% response ..ill be a iptfOFthe payment and the #aGkin ..-,� �X.201200009) aSSigned +�,--r^o--�T+he peti%ieR. This petition ##along pidmber ;h. iAd ha Aotp J op all fii+i-r^ cArrPspoRdenGe r ardingth^ no+f+f.,n Notice Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: A NIM is required, however upon written request by the applicant the Hearing Examiner has the discretion to waive the NIM after the first set of review comments have been issued. This NIM waiver is not applicable to the Planning Commission when it is deemed to be the decision maker. If the NIM has not been waived, it shall be completed at least 15 days before the first advertised hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days priorto the NIM meeting. -12. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised Hearing EXaR,in^r hearing. 23. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before toe each advertised H^'ri^^ gxam;^^r hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location. 24. Sign: (see format h^I^.•.` Posted at least 15 days before the first advertised Hearing Examiner hearing date. q See Chapter 8 E. of the Administrative Code for sign template. 671Page Revised: 2/17/2023 Packet Pg. 564 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual UBLICHEAR ING REQUEST[ NG PETITI NUMBER: _ TO P E R M I _ (Request-Suffi tly clear to des e the project) LOCATION: DATE: TIME: CONTACT: THE ABOV BE HELD AT THE GR TH MENTDIVISI+DN BUILDING, 28N. �M�IAINAi HDE DR., NAPLES, FL 341D�1 DR A5 ❑ RWISE ESIGNATED. Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. q See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or Planning Commission. Review Process The PlaRRiRg & Zoning Division will review the application and identify whether additional materials are needed. Pursuant to LDC &ubsection 10.02.13 6.3, Staff will prepare a Staff Report utilizing the criteria identified in LDC section 10.02.13 E, to present to the Decision Maker OffieLQ of rho WeariRg Examiner for a dLQGir,,,. Updated 681Page Revised: 2/17/2023 Packet Pg. 565 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual GA. PUD Minor Change Reference LDC &60asection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice section 10.03.06 T. Applicability The following are considered minor changes: 1. Educational and ancillary plants. These include PUD master plans that are amended for the sole purpose of adding an educational and/or ancillary plant. 2. Removal of Affordable Housing Contributions. The County Manager or designee may allow minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Development Agreements, and Settlement Agreements. Conditions are identified in LDC &60asection 10.02.13 E. varivari 3. Minor Changes during Construction. The County Manager or designee may allow minor changes to the PUD Master Plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the gGrowth +;aManagement jaPlan. These changes include the following: • a. Internal realignment of rights -of -way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for; • b. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas; • c. Relocation of swimming pools, clubhouses, or other recreation facilities that do not affect adjacent properties or land uses; and • d. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans or approval of the EAC where applicable. Pre -application A pre -application meeting is not required. Initiation The applicant files a "Minor Change to a PUD Master Plan or Text (PMC)" application with the °tea• Zoning Division. G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. n;sci^s;,,.e of Akhlnership Property Ownership Disclosure Form. 3. PUD Ordinance and Development Commitment i-Information. 691Page Revised: 2/17/2023 Packet Pg. 566 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 4. A legal or graphic description of the area of amendment. This may be graphically illustrated on the Amended PUD Master Plan. If the amendment involves only part of the PUD, provide a legal description for the subject portion. 5. The current PUD Master Plan, Ca See Chapter 3 G.1 of the Administrative Code for requirements and the changes in potential intensity of land use, changes in trips and relationships to abutting land uses. • Include any previously revised Master Plans. 6. A narrative and detailed description of the map change and reason for request. 7. An analysis of whether the amendment complies with the Growth Management Plan. 8. Whether a public hearing was held for the property within the year precedingthe application. If this has occurred, include the applicant's name and number. 9. Whether any part of the PUD has been sold or developed, and whether the proposed changes involve those areas. 10. For removal of affordable housing commitments, a completed Letter to Property owners as identified in the application. 11. Addressing checklist. 12. An 8%: in. x 11 in. graphic location map of the site. 13. Owner/agent affidavit as to the correctnessof the application. 14. Electronic copies of all documents. 15. Affidavit of Authorization. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The PI@R ORg & Processing of Application processod nGGr..,,r,aRyiRg that response well be a 'hrfor+he payment ;;Ad the tf-a kiAgRUMbeF e., XX201291 ^�ass+gRed W the getitie^. Thi& Petit+eR tFaGk'"g .,mhor ;houl.d be AGtP.d AA All fi-461ro GARrPSPGRdenGe r ar.dingthe petitieA Notice Notification requirements are as follows for Removal of Affordable Housing Contributions Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing G.,-.mi or hearing. Public Hearing 1. No public hearing is required for adding educational and ancillary plants to a PUD or minor changes to a PUD Master Plan during construction. 2. A hearing before the Hearing Examiner or BCC may be required to remove affordable housing contributions, pursuant to LDC s4bsection 10.02.13.E. G� See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The County Manager or designee, or for the removal of affordable housing contributions the Hearing Examiner or BCC. 701Page Revised: 2/17/2023 Packet Pg. 567 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Review Process Minor changes are reviewed by the ova• Zoning Division staff and may be approved by the County Manager or designee. If a public hearing is required to remove Affordable Housing Contributions, Staff will prepare a Staff Report or Executive Summary @Ad Staff v.411 s;rhod„lo a hoar;" date before the Hearing E amigo r R to present to the Decision Maker the petition fe. Appeals Administrative appeals shall be in accordance with the Code of Laws and Ordinances section 250-58. Updated 711 Page Revised: 2/17/2023 Packet Pg. 568 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 721Page Revised: 2/17/2023 Packet Pg. 569 10.A. b Text underlined is new text to bead ded Te..+i.. At te..++e hEQ d Rle+e.d Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 14. neerl Rpi;treefinwr 1r� n written statement addrecS n I DC subset+inn 10 W 'I 2 D I rh Rre_ar,r IOGatie e+iRg n ter 1g A.A. 44iR. .. 11 OR. phiG IGGati9R 19. Gn iirenmen+al Data Rena iiremen%s. 20Troffir ImpaGt Stwdv -O- Cee Chanter 21 !l einer/aeon+ affoda gi+ as +s, the FRap of the site. e I A! c hcoe+:nr a nsz nn n 7 Of+he Adppini#rativp ('r.rle cgrrpctness r.f+he a nlisa+ion 22. Electronic copies of all d.,a-ments AI^�:eo Alr.+ifisa+ir,n PPq61iFeM@RtS a s fr,ll.,�.�s -0- fee /"h ., n+or 3 4the nrlmfnfo+rgt.A,e Go& for 731Page Revised: 2/17/2023 Packet Pg. 570 10.A.b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual IC HEARING REQUESTING PETITION MBER: TO PERMIT: (Request-Sufficien LOCATION: DATE: CONTACT: tear to descr06'the project) E: THE ABOVE T E HELD AT THE GROW MANAG NT DIVISION BUILDING, 2800 HOR HOE DR., NAPLES, FL 34104 OR AS OTH ISE llk�IGNATED. Public Hearon-g The Hearing Examiner shall hold A least I advertised publiG Monitoring .deyel.,pm Rt See ChGpteF 2 r 6 of theAdminiSt.rotive Code, 741Page Revised: 2/17/2023 Packet Pg. 571 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual a� H. Rezoning - Standard U Reference LDC section 10.02.08, LDC Public Notice &w4sections 10.03.06 B and J, and F.S. § 125.66. M L Applicability This procedure appliesto any ordinances or resolutions that change the zoning map N designation of a parcel or parcels of land. 9 E Pre -Application A pre -application meeting is required. Q Initiation The applicant files a "Standard Rezone Application" with theta• Zoning Division. m G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. t Q. E Application The application must include the following: U Contents 1. Applicant contact information. c 2. I,;s;(;'^s;„re ^f Akgnershep Property Ownership Disclosure form. N v 3. The date the subject property was acquired or leased, including the term of any lease. If the applicant has an option to buy, indicate date the option terminates, or anticipated closing date. c�a N 4. Property information, including: • a. Legal description; • b. Property identification number; • c. Plat book and page number; • d. Section, township and range; • e. Subdivision, unit, lot and block, or metes and bounds description; • f. Addressof subject site and general location; and A g_ Size of property in feet and acres. 5. If the propertyowner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included • a. Legal description; • b. Property identification number; • c. Plat book and page number; • d. Section, township and range; and • e. Subdivision, unit, lot and block, or metes and bounds description. 6. Zoning information, including: • a. Zoning and Land Use of adjacent properties; • b. The existing and requested zoning classifications; and • c. The present and proposed uses of the property. 751Page Revised: 2/17/2023 Packet Pg. 572 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 7. A narrative statement describing the rezone request with specific reference to the criteria in LDC section 10.02.08. 8. Whether any applications or official interpretations under the Administrative Code were filed for the subject property within the year precedingthe application, including the nature of any public hearing relating to that application. 9. If the rezone is requested for a specific use, a 24 in. x 36 in. conceptual site plan (with a reduced 8% in. x 11 in. copy) drawn to a maximum scale of 1 inch equals 400 feet, depicting: • a. Existing and proposed structures and their dimensions; • b. Provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egressto the site and the structure(s) on site); • c. Existing and/or proposed parking and loading areas (including a matrix indicating required and provided parking and loading, and required parking for the disabled); • d. Required yards, open space and preserve areas; • e. Proposed and/or existing location of utility services to the site; and • f. Proposed and/or existing landscaping and buffering that may be required by the County. 10. An architectural rendering of any proposed structures. 11. Environmental Data Requirements. pSee LDC&b�bsection 3.08.00A. 12. Statement of utility provisions. 13. Traffic Impact Study pSee Chapter 7A. of the Administrative Code. 14. Historical/Archeological Surveyor Waiver. 15. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 16. Signed and sealed survey by a licensed professional surveyor and mapper. 17. Addressing checklist. 18. A Guppy of the Pre -application meeting notes. 19. Owner/agent affidavit as to the correctness of the application. 20. Electronic copies of all documents. 21. Affidavit of Authorization. Completeness and pSee Chapter 1 D.5 for the acceptance and processina ofan application. The Planning Q. Processing of Application 761 Page Revised: 2/17/2023 Packet Pg. 573 10.A. b Text underlined is new text to bead ded Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual a� Notice- Notification requirements are as follows. q See Chapter 8 of the Administrative Code for V FQF PaFc@l` less additional notice information. > thin 10 nr•„uous :r i arres 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning N Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to propertyowners in the notification area at least 15 days priorto the NIM E meeting. Q 2. Mailed Notice: Written notice shall be sent to property owners in the notification m Area at least 15 days before the advertised Planning Commission hearing. y Net+Ee - Plet+f+c t eT,-rec-Ia+FeFReRtS aFeasRatedAhAVe,le@dditiOR W the -f^l'9 ^g t Far Parcels ., eate. g 4the n.dmin;s+.-Gt4ye Code for- ..d d;+;.,ng, nGt4.-Q iP, G.M„-.+;., ., Q. E itian 10 O U contiguousacres.. -13.. Newspaper Advertisements: The legal advertisement shall be published at least 15 0 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: v • a. Date, time, and location of the hearing; • b. Description of the proposed land uses; c N • c. 2 in. x 3 in. map of the project location; rn c • d. PUD name and ordinance number; M N • e. Description of rezone; and r- r f. Description of location. N U d 2-g. Sign: (see format bek •-' Posted at least 15 days before the advertised Planning V Commission hearing date. G* See Chapter 8 E. of the Administrative Code for sign m template. BLIC HEARING REQUESTING REZONE APPROVAL PETITIO UMBER: TO ALLOW: (Request-Sufficie I LOCATION: DATE: _ CONTACT: clear to descriesthe project) THE ABOVE eERS HELD IN THE BOAR F COUNTY COMMISS CHAMBERS,THIRDFLO COLLIER COUN GOVERNMENT CENTER, 3299TAMIA TRAIL E , NAPLES, FLORIDA, 34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 77 1 Revised: 2/17/2023 Packet Pg. 574 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 3. The BCC or BZA shall hold at least 1 advertised public hearing for parcels that are less than 10 contiguous acres. The BCC or BZA shall hold 2 advertised public hearings for parcels that are greater than 10 contiguous acres. 4. For a Collier County initiated rezoning: • a. At least one hearing is held after 5 p.m. on a weekday, unless the BCC, by a majority plus one vote, elects to conductthat hearing at another time of day. • b. The first public hearing is held at least 7 days after the day that the first advertisement is published. • c. The second hearing shall be held at least 10 days after the first hearing and is advertised at least 5days before the public hearing. Decision Maker The BCC or BZA, following recommendations from both the EAC, if required, and the Planning Commission. Review Process The °tea• Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report or Executive Summary to presentto the Decision Maker. and sched.--le a heaFi g date beferea the Planning G,,., missies to msentthe -petition. PlanningThe - CemmissiGn may eve with Updated 781Page Revised: 2/17/2023 Packet Pg. 575 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual I. Sign Variance Reference LDC sections 5.06.08, 9.04.02, 8.10.00, and LDC Public Notice &u4section 10.03.06 F. Applicability This process applies to a requestto vary from the required dimensional standards for a sign. G*See Chapter 3 J. of the Administrative Code for a standard Variance. Initiation The applicant files a "Sign Variance Petition" with the PlaRRiRg & Zoning Division. G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Pre -Application A pre -application meeting is required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Electronic copies of all documents. 4. Property information, including: • a. Legal description; • b. Length and height of wall upon which the sign will be secured, if a wall sign; and • c. Width of the subject property measured by the road frontage. 5. Surveyor Site Plan of property depicting the following: a a. All property boundaries and dimensions; • b. North arrow, date and scale of drawing; • c. All existing and proposed signs (labeled as such); • d. Existing and proposed sign setbacks; and • e. Location map depicting major streets in area for reference. 6. A detailed explanation of the variance request, including: + a. Existing signs and what is proposed; • b. The amount of variance proposed using numbers (i.e. reduce setback from 15 ft. to 10 ft.); • c. If existing, explanation of how existing encroachment came to be; and • d. Additional factors that address the criteria for a sign variance. 7. A narrative and justification that the proposed sign variance meets the criteria identified in LDC &6bsection 5.06.08 B. 8. Notarized owner/agent affidavit as to the correctness of the application. 9. An 8 % in. x 11 in. graphic location map of the site. 791Page Revised: 2/17/2023 a� 0 U a� 0 L T .9 E Q m a� t a� L Q E 0 U 0 m v N Packet Pg. 576 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 10. A copy of the Pre -application meeting notes. 11. Agent Letter review. Following the initial staff review comments and prior to the resubmittal, the following Agent Letter materials shall be submitted to the assigned Planner for reviewand approval: n^^^+h^ fi"t i;et of re„ ie,.,,.Amments ^ posted, a. A list of the names and addresses of property owners to receive the Agent Letter mailed notice; and • b. A draft of the Agent Letter M201ed ^^tl^p'^++^r. 12. Property Ownership Disclosure Form. 13. Affidavit of Authorization. Completeness and G*See Chapter 1 D.5 for the acceptance and processing ofan application. The Planning Processing of Application Gempleted appliGatieR paGket aGrempaRied with the required fee, the applicant v.gill pFeeess.,.d A.-G.,r:IP@r..,i ^ that FeSPORse .,ill he a FeGeiptfepthe p Rt and the traGkiR rube; �e—XX20128L ^� sssgRed to thepet+tier.This pet+tieR traGch;g nu.m.ber should he r,.,+e.d ., R @ll f'I+II.re G .,.deRGe r ar.diRgthe pe+i+ier, Notice Notification requirements are as follows. b See Chapter 8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the subiect property following the initial staff review comments and prior to the resubmittal. See Application Contents for review and approval of letter materials. -12. Mailed Notice: Written notice shall be sent to property owners 4.vithip 150 fee+.,fthe uhie Gt area at least 15 days hefere+he advertised Hearing Exap,iner heari r.., in the notification area at least 15 days before the first advertised hearing. The mailed notice shall be sent by the applicant following approval by the PlanniRg and Zoning Division. 2- 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before toe each advertised W^^ri^^ F ^^..i^^r hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location. 3:4. Sign: (see feFinat be • ` Posted at least 15 days before the first advertised HeariRg Examiner hearing date. q See Chapter 8 E. of the Administrative Code for sian template. 801Page Revised: 2/17/2023 Packet Pg. 577 10.A. b Text underlined is new text to bead ded T....4..4rikethFA gh 06 ..4M.4 to hRd..1..4...E Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual LIC HEARING REQUESTING PETITlO UMBER: TO PERMIT: (Request-Sufficie LOCATION: DATE: CONTACT: clear to descrythe project) E: THE ABOVE T E HELD AT THE GR❑ MOIGNATED. NT DIVISION BUILDING, 2800 HE DR., NAPLES, FL 34104 OR AS OTH ISE Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. gSee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission, 1 BZA hearing is required. Decision Maker The Hearing Examiner or BZA. Review Process The ova• Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report or Executive Summary, utilizing the criteria established in LDC &ubsection 5.06.08 B.1., to present to the Decision Maker OffmG@ of the Hearing Examiner for a deeis;iAn. Updated 81 1 Page Revised: 2/17/2023 Packet Pg. 578 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual J. Variance Reference LDC sections 9.04.00, 8.10.00, and LDC Public Notice section 10.03.06 F. Applicability An applicant may seek a variance from dimension standards if the LDC creates an unreasonable hardship, as defined in LDC section 9.04.00. G*See Chapter 3 1. of the Administrative Code for a Sign Variance. Initiation The applicant files a "Variance Petition Application" with the WaRi„g & Zoning Division. c:>See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Pre -Application A pre -application meeting is required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Electronic copy of all documents. 4. Property information, including: • a. Legal description; • b. Property identification number; • c. Section, township and range; • d. Subdivision, unit, lot and block, or metes and bounds description; • e. Acreage;and • f. Address of subject site and general location. S. Zoning Information, including: • a. Zoning and land use of adjacent properties; and • b. Minimum yard requirements for subject property. 6. The name and mailing address of all registered Home Owners Associations and civic associations whose members are impacted by the application. 7. A detailed explanation of the request including: • a. Existing and proposed structures; • b. The amount of encroachment proposed; • c. Survey of propertyshowing the encroachment (measured in feet); • d. Date of purchase by property owner; • e. The date the existing principal structure was built (include building permit numbers if possible); • f. Explanation of why encroachment is necessary; • g_ How existing encroachment came to be, if applicable; 821Page Revised: 2/17/2023 a� 0 U a� 0 L T .9 E Q m a� t a� L Q E 0 U 0 m N Packet Pg. 579 10.A. b Text underlined is new text to bead ded T....+ n4ri L..+hr.,61..h 0.. RttGXt to hRd..I.4-d Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 8. Project narrative providing a detailed description/explanation of the variance, why it is requested, and the relevant criteria in LDC section 9.04.03. 9. An Official Interpretation or Zoning Verification Letter, if applicable. 10. AGopy of the Pre -application meeting notes. 11. A Conceptual Site Plan (24 in. x 36 in.) and one 8 % in. x 11 in. copy. 12. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership. 13. An 8 %: in. x 11 in. graphic location map of the site. 14. Aerial photographs (taken within the previous 12 months at a minimum scale of 1 in. = 200ft.), showing FLUCCS Codes, legend, and project boundary. 15. Historical Surveyor waiver, if applicable. 16. Environmental Data Requirements. G*See LDC64bsection 3.08.00A. 17. Owner/agent affidavit as to the correctness of the application. 18. Agent Letter review. Following the initial staff review comments and prior to the resubmittal, the following Agent Letter materials shall be submitted to the assigned Planner for reviewand approval: Gpcethefiro+o^r of r^„ I^,., ct4m ents are posted, the fGllewiRg -mailed notice deruments; shall be submitted te the assigned Planner. • a. A list of the names and addresses of property owners to receive the Agent Letter mailed notice; and • b. A draft of the Agent Letter ;ailpd natico 1pttpr. 19. Property Ownership Disclosure Form. 20. Affidavit of Authorization. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The PlaRni^^ Q. Processing of Application tF-aEkln .,•,her (i.e., XX2017!1llf 00) aSSigRed W the Petiti.,., This PetitieR +raGkiRg pidmhpr rhoidl J be AQtPd QP @II fi_461r^ GAFPPSPGRd@RGe r aFdi g%he petition Notice Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feetof the subject property following the initial staff review comments and priorto the resubmittal. See Application Contents for reviewand approval of letter materials. -12. Mailed Notice: Written notice shall be sent to property owners ;Axith a R ' So fee ^f in the notification area at least 15 days before the first advertised hearing. The mailed notice shall be sent by the applicant following approval by the Planning and Zoning Division. 831Page Revised: 2/17/2023 Packet Pg. 580 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 23. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before trig each advertised Hearing Examiror hearing in a newspaper of general circulation. The advertisement shall include at a minimum: = a. Date, time, and location of the hearing; • b. Description of the requested variance; and • c. 2 in. x 3 in. map of the project location. -34. Sign: (see f^rmat laelow' Posted at least 15 days before the advertised Hearing Examiner hearing date. G* See Chapter 8 E. of the Administrative Code for sign template. LIC HEARING REQUESTING PETITI❑ �T- (Request-SuMBER: TO PERMI ifi LOCATION: DATE: CONTACT: clear to descrXthe project) E: THE ABOVE T E HELD AT THE GROW MANAGE NT DIVISION BUILDING, 2800 HOIGNATED. E DR., NAPLES, FL 34104 OR AS OTH ISE Public Hearing 4.The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. G�See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission, 1 BZA hearing is required. Decision Maker The Hearing Examiner or BZA. Review Process The Planning& Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report or Executive Summary, utilizing criteria established in LDC section 9.04.03, to present to the Decision Maker nffire Af the Wearing Examiner fora decisie Updated 841Page Revised: 2/17/2023 Packet Pg. 581 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual K. Compatibility Design Review Reference LDC sections 5.05.15, and LDC Public Notice section 10.03.06 Y. q See Chapter 4.N of the Administrative Code for Intent to Convert Applications and Chapter S.F for Stakeholder Outreach Meetings for Golf Course Conversions. Purpose The Compatibility Design Review process is intended to address the impacts of golf course conversions on real property by reviewing the conceptual development plan for compatibility with existing surrounding uses. Applicability This process applies to a golf course constructed in any zoning district or designated as a Stewardship Receiving Area that utilize a non -golf course use which is a permitted, accessory, or conditional use within the existing zoning district or designation. This application is not required for golf courses zoned Golf Course and Recreational Uses (GC) seeking another use as provided for in LDC section 2.03.09 A. Conditional uses shall also require conditional use approval subject to LDC section 10.08.00. The conditional use approval should be a companion item to the compatibility design review approval. Pre -Application A pre -application meeting is required. meet on Initiation The applicant files an "Application for Compatibility Design Review" with the Zoning Division after the "Intent to Convert" application is deemed complete by County staff and the Stakeholder Outreach Meetings (SOMs) are completed. gSee Chapter 4 of the Administrative Code for information regarding the 'Intent to Convert" application and Chapter 8 of the Administrative Code for requirements for SOMs and additional notice information. c*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Name of project. 4. The proposed conceptual development plan. S. The name and mailing address of all registered propertyowners' associations that could be affected by the application. 6. QiSclesure ^f ewnership and PropertvOwnership Disclosure Form. 7. The date the subject property was acquired or leased (including the term of the lease). If the applicant has an option to buy, indicate the dates of the option: date the option starts and terminates, and anticipated closing date. 8. Property information, including: 851Page Revised: 2/17/2023 Packet Pg. 582 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual a� • a. Legal description; G V • b. Property identification number; > • c. Section, township, and range; :r rn • d. Addressof the subjectsite and general location; E • e. Size of property in feet and acres; Q • f. Zoning district; m >_ • g_ Plat book and page number; and N t a� • h. Subdivision, unit, lot and block, and metes and bounds description. Q. E 9. If the propertyowner owns additional property contiguous to the subject property, O U then the following information, regarding the contiguous property, must be included: • a. Legal description; 0 W v N • b. Property identification number; �a • c. Section, township and range; and +� c ca • d. Subdivision, unit, lot and block, or metes and bounds description. 10. Zoning information, including adjacent zoning and land use. rn c 11. Soil and/or groundwater sampling results, if available, as described in LDC section N 3.08.00 AAA and 5.05.15 G.6; r- r 12. The approved Intent to Convert application, as described in LDC section 5.05.15 C.1; N and d 13. The SOM Report, as described in LDC section 5.05.15 C.3. 14. A narrative describing how the applicant has complied with the criteria in LDC sections 5.05.15 F.3, including: • a. A list of examples depicting how each criterion is met; • b. A brief narrative describing how the examples meet the criterion; and • c. Illustration of the examples on the conceptual development plan that are described above. 15. Affidavit of Authorization. Completeness and caSee Chapter 1 D.5 for the acceptance and processing of an application. The 7oniRg Processing of -Division will rp� application for Completeness After ri-lamissiAn of the Gempleted Application noted e-A all future G ndenGe r ar.dingthe poring, Notice Notification requirements are as follows. G*See Chapter 8 of the Administrative Code for additional notice information. 861 Page Revised: 2/17/2023 Packet Pg. 583 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days prior to the hearing in a newspaper of general circulation. The advertisement shall include at a minimum • a. Date, time, and location of the hearing; • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location. 2. Mailed Notice: For the purposes of this mailed notice requirement, written notice shall be sent to property owners located within 1,000 feet from the property line of the golf course at least 15 days prior to the advertised public hearings. 3. Sign: Posted at least 15 days before the advertised public hearing date. Ga see Chanter 8 E. of the Administrative Code for sign template. Public Hearing 1. The Planning Commission shall hold at least 1 advertised public hearing. 2. The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC, following a recommendation by the Planning Commission. Review Process Staff will prepare a staff report consistent with LDC section 5.05.15 F and schedule a hearing date before the Planning Commission to present the petition. Following the Planning Commission's review, Staff will prepare an Executive Summary and will schedule a hearing date before the BCC to present the petition. Updated 2021-143 871Page Revised: 2/17/2023 Packet Pg. 584 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual L. Comparable Use Determination 0 Reference LDC sections 2.03.00 A, 10.02.06 K, LDC Public Notice section 10.03.06 O, LDC section 8.10.00 and F.S. §125.66. N Applicability A Comparable Use Determination shall be used to determine if a new use at a site- E specific location is comparable in nature with the list of permitted uses and the Q purpose and intent of a zoning district, overlay, or a PUD ordinance, and the surrounding neighborhood. N a� Pre -Application A pre -application meeting is not required. a� L Initiation The applicant files a "Comparable Use Determination Application" with the Zoning Division. o U G*See Chapter 1 D. for additional information regarding the procedural steps for c initiating an application. W v N Application The application must include the following: `r Contents 1. Applicant contact information. f° ca 2. Property information, including: N a. Legal description; or if the comparable use involves only part of a PUD, c only a legal description for the subject portion is required; M b. Property identification number; c. Section, township and range; d. Subdivision, unit, lot and block, parcel, or metes and bounds description; e. Address of subject site and general location; f. Site of property in feet and acres; g. Property owner's name; and h. Verification being requested. 3. A narrative statement that describesthe determination request, the justification for the use by a certified land use planner or a land use attorney and addresses the standards within LDC section 10.03.06 K.2. 4. Additional materials may be requested by staff depending on the use and justification provided. S. PUD Ordinance and Development Commitment i-Information, if applicable. 6. Electronic copies of all documents. 7. Addressing checklist. 8. Affidavit of Authorization. 9. Property Ownership Disclosure Form. 881Page Revised: 2/17/2023 Packet Pg. 585 10.A. b Text underlined is new text to bead cled Collier County Land Chapter3 l Quasi -Judicial Procedures with a Public Hearing Development Code I Administrative Procedures Manual Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application. Processing of Application Notice Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisement: At least 15 days before the hearing in a newspaper of general circulation. The legal advertisement shall include: a. Date, time, and location of the hearing; b. Description of the proposed land uses; c. Application number and project name; d. PUD name and ordinance number; e. Proposed permitted use; and f. Description of location; and. g. 2 inch x 3 inch map of the project location; Public Hearing The Hearing Examiner or the CCPC shall hold at least 1 advertised public hearing. If heard by CCPC, the BZA will hold 1 advertised public hearing. <*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or the BZA, applying the standards in LDC section 10.03.06 K. If the PUD ordinance language identifies the CCPC or the Planning Director (or other similar County staff) as the authority to determine a use is comparable, compatible, and consistent, a Staff Report will be presented to the Decision Maker for approval of the Comparable Use Determination. Review Process The Zoning Division will review the application and identify whether additional materials are needed, and prepare a Staff Report to the Hearing Examiner or CCPC/BZA. Updated Resolution 2023-## 891Page Revised: 2/17/2023 Packet Pg. 586 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Chapter 4. Administrative Procedures The permits and approvals listed in this Chapter do not require a public hearing, unless a decision on the permit is appealed. A. Architectural Plans Reference LDC sections 5.05.08 and 10.02.03. Applicability Architectural review is required for buildings, structures, and projects as described in LDC section 5.05.08 B. q See Chapter 6 F. of the Administrative Code to request an Alternative Architectural Design. Pre -Application A pre -application meeting may be required as a component of the submittal of the Site Development Plan, Site Development Plan Amendment, Site Improvement Plan, Alternative Architectural Design Standards Plan, or Building Permit application, as applicable. Initiation The applicant submits architectural plans to the Development Review Division in conjunction with the Site Development Plan, Site Development Plan Amendment, Site Improvement Plan, Alternative Architectural Design Standards Plan, or Building Permit application, as applicable. Application The ^ pliGatie . ,�+ include the fe'1.,, aRo; Submittal Credentials: Pursuant to LDC Contents section 5.05.08, architectural drawings shall be signed and sealed by a licensed architect registered in the State of Florida. The architectural drawings must include the following. as applicable 1. Scaled elevations for all sides of the building at a minimum of 1/8 in. scale. 2. Floor plans of each proposed building with dimensions. 3. If rooftop -mounted equipment is proposed, a roof plan showing equipment screens or parapets ^led viall seetion fr rn top of roof to grade 4. Renderings to show materials, color scheme and/or paint chips, and roof color samples, in particular for elevations with multiple colors and/or for colors restricted by the LDC. S. For projects subject to LDC &64section 5.05.08 C-D.3 Fagade/wall height transition elements must include site sections showing the relationship to adjacent structures. 6. A scaled wall section from top of roof to grade. Completeness ' Application StaAd^rdq Plan r l3wildipg Permit ^ pliGatieR as pIir^hlo Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. 901Page Revised: 2/17/2023 Packet Pg. 587 10.A. b Text underlined is new text to bead ded Text,strikethFo gh is ..4M.4tA hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Review Process The Architectural Plans will be reviewed by the Development Review Division as part of the Site Development Plan, Site Improvement Plan, Alternative Architectural Design Standards Plan, or Building Permit application. Updated 91 1 Page Revised: 2/17/2023 Packet Pg. 588 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� B. Coastal Construction Setback Line Permit ° U a� Reference LDC &u4section 10.02.06 G. L Applicability This procedure appliesto the following activities seaward of the Coastal Construction Mn Setback Line (CCSL), unless exempt by LDC section 10.02.06 GA: 9 E 1. Construction of dune walkovers. Q m 2. Creation, restoration, re -vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land. t -2nctiyirioS that ra., perarily alter g nd eleyatieRs Gh as artifice -,I hd Q. E 0 Pre -Application A pre -application meeting is not required. U CD Initiation The applicant files a "Coastal Construction Setback Line Permit Application" with the Development Review Division. N C*See Chapter 1 D. for additional information regarding the procedural steps for �a initiating an application. c Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Legal description; • b. Address of subject property; • c. Proposed activity; and • d. Proposed dates to start and end work. 3. Addressing checklist. 4. An aerial photograph with the property clearly delineated and the proposed areas for site improvements. 5. Site Plan, depicting the following: • a. General location of lot; • b. All lot dimensions; • c. The established Coastal Construction Control Line as established by law (197489), if applicable; • d. The established Coastal Construction Setback Line as established by law (1975); • e. Location of area of the proposed work; • f. Location of the landward and seaward edges of the dune (vegetation line) and a rough profile of the existing dune; • g_ Approximate locations of existing structures on adjacent lots; and 921Page Revised: 2/17/2023 Packet Pg. 589 10.A. b Text underlined is new text to bead cled !6 RttG.44.. h..d..Ieted Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • h. Vegetation inventory of the area of proposed work. 6. Affidavit of Authorization. 7 ra. Permits: All Federal, State, and local permits shall be submitted prior to construction and before the pre -construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre -construction meeting. Permits may include, but shall not be limited to: • a. Florida Department of Environmental Protection (FDEP) permits; and • b. Vehicle on the Beach permit. This permit shall be obtained if it is necessary to use a vehicle on the beach for completion of the project. The permit shall be obtained, and the work shall be completed prior to Sea Turtle Nesting Season (May 11tthrough October315t) Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The "a: Processing of Application ., X-X2012 000),.,,II be ^ss+gRed to the pet+tier.This pet+tiGR tFacking-I ;h., 11I.1 h., .,.,+. d ., @II fi141-We r.J.,.,G., . aFdiRg th., Peti4i.,., Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Nati-ir;;1 Qos;^„rGes Department Development Review Division will approve, approve with conditions, or deny Coastal Construction Setback Line permit based on criteria in LDC &w4section 10.02.06 G. Updated 931Page Revised: 2/17/2023 Packet Pg. 590 10.A. b Text underlined is new text to bead cled Text ;trik thFeLl .h!n ..4M.44.. h..d..1..4ed Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures C. Certificate of Public Facility Adequacy (COA) CA COA for Roadways Reference LDC section 10.02.07 and Code of Laws and Ordinances section74-302(h). Applicability 1. A certificate of public facility adequacy (COA) is required for any development that generates additional impacts or demands on public facilities. A COA ensures that adequate public facilities are available and no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development. 2. An application for a COA shall only be submitted as part of an application for one of the following development orders: • a. A final subdivision plat and amendments thereof; • b. A final approved site development plan or site improvement plan and amendments thereof; • c. A building permit or mobile home tie -down permit issued by the County; or • d. As provided for in an enforceable development agreement with Collier County pursuant to the provisions of F.S. § 163.3220 - 163.3242 or another agreement acceptable to the BCC, in conjunction with the approval of a development order and/or a certificate of public facility adequacy. 3. The following are exempt from concurrency review bSee LDC section 10.02.07 for further information: • a. Certain development of regional impact (DRI) ordersthat were approved prior to January 10, 1989; G* See LDC section 10.02.078 for exemptions to this provision. • b. Construction of public facilities that are consistent with the Collier County Growth Management Plan; • c. Temporary construction and development permits; • d. Replacement, reconstruction, and repair of existing development; • e. Temporary use permits, not to exceed 1 year; and • f. Development that is subject to a vested rights determination. Pre -application A pre -application meeting may be required as a component of the submittal of the Construction Plans and Final Subdivision Plat and amendments thereof, Site Development Plan, Site Development Plan Amendment, and Site Improvement Plan, as applicable. Initiation The applicant files a "Collier County Certificate of Public Facility Adequacy Application" with the requested development order application with the Capital Project Planning, Impact Fees and Program Management Division or the Building Plan Review and Inspection Division ,i. 941Page Revised: 2/17/2023 Packet Pg. 591 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures G-->See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Reason for application, i.e. what type of development order. 3. Type of development. 4. Property information, including: • a. Legal description; • b. Property identification number; • c. Section, township and range; and • d. Subdivision, unit, lot/parcel and block, or metes and bounds description. S. Development information, including whether there are previous structures on the property. 6. Estimated Transportation Impact Fee calculations. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. = Processing of _ Application Notice the .gulf., 'r No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process I,,,p@Gt Poo n.dminis+ratiAn The Capital Project Planning, Impact Fees. and Program Management Division will review the application, identify whether additional materials are needed, and verify the calculations of fees in accordance with LDC su4section 10.02.07 C and Code of Laws and Ordinances section 74- 201. 1 year. Traffic 1. Pursuant to LDC s4lasection 10.02.07 CA, the ERgiReeFiRg S FviGes Dee tm + Capacity Capital ProiectPlannine. Impact Fees, and Program Management Division shall Reservation and review the Traffic Impact Study (TIS) for concurrency. The ERgiReering co...".^ Estimated Impact ,t Capital ProiectPlannine. Impact Fees. and Program Management Fee Payment Division shall set aside and allocate a 1=year Traffic Capacity Reservation from the date of TIS approval by Staff for all or part of the proposed development. 2. Within 1 year of TIS approval the applicant must receive approval of the requested development order and shall pay the applicable roadway impact feesto obtain the COA. 3. If the requested development order is not approved within 1 year of the TIS approval date, the applicant may petition the BCC to extend the Traffic Capacity Reservation for 1 year. 951Page Revised: 2/17/2023 Packet Pg. 592 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Failure to Pay If the requested development order is approved and the applicant fails to pay the road Estimated Impact impact fees as required by Code of Laws and Ordinances section 74-302 within the 1- Fees year Traffic Capacity Reservation period, the 1_yearTraffic Capacity Reservation shall be invalid and the applicant shall re -apply for a COA. Final Impact Fee At the time of building permit application, the road impact fees will be calculated based Payment on the intensity of development permitted for construction and the road impact fee schedule in effect at the time of the building permit(s) application submittal. The applicant shall pay any additional road impact fees that are due over the estimate, prior to the issuance of the building permit(s). Appeal Appeal of a COA shall be pursuant to Code of Laws and Ordinances section 250-58. Updated 961 Page Revised: 2/17/2023 Packet Pg. 593 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures C.2. COA for Non -Roadway public facilities Reference LDC section 10.02.07 E. and Code of Laws and Ordinances section 74-302. Applicability Certificates of public facility adequacy for non -roadway "Category A" capital improvements shall be issued simultaneously with the issuance of the building permit. 971Page Revised: 2/17/2023 Packet Pg. 594 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� D. Early Work Authorization (EWA) U a� Reference LDC section 10.01.02 B. L Applicability This procedure appIiesto a request for an Early Work Authorization (EWA). The N IiRg;Ree Rg SepviGes Pepa.-+. pnt Development Review Division may approve an EWA 9 E permit for one or more of the following activities: Q • a. Vegetation removal (site clearing); • b. Excavations; a� • c. Site filling; t Q. • d. Construction of stormwater management facilities limited to ponds, o lakes, retention/detention areas, interconnection culverts, and swale U systems; CD • e. Off -site infrastructure; and m N • f. Construction of a perimeter landscape buffer, berm, wall, or fence. Pre -application A pre -application meeting is not required. N Initiation The applicant files an "Application _rfor Early Work Authorization (EWA)" with the Development Review Division. c C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Cover letter describine the scope of work proposed under the EWA. 2-3. Original SDP/PPL AR/PL number. -4. Right-of-way permit number. 45. Plan Cover Sheet. -56. Excavation Plan. 67. Clearing Plan. 7-8. Erosion Control Plan. 99. Fill Plan. S10.A vegetation bond in the form of a performance bond, letter of credit, or cash bond in the amount of $2,000 per acre shall be posted for stabilization with vegetation in accordance with LDCs4bsection 4.06.04 A.3. 118.Copies of the following if available and applicable: • a. DEP Permit; • b. USACE Permit; and 981Page Revised: 2/17/2023 Packet Pg. 595 10.A. b Text underlined is new text to bead cled Text ;trik th Fe6jgh!n ..4M.44.. I;R d..1..4ed Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • c. SFWMD Environmental Resource Permit (ERP). 124I.Owner/agent affidavit as to the correctness of the application. 132-.Letter of Authorization, if required. 14-3.Addressing checklist. Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application. 4-E Processing of ERgi.., eFi g co..,,rzes r,,,paFt.. eRt ,.,,II reaviev.,+he .,I,,.atiG., f9r PIete.,o« The Application R61mlae (i.e., XX2-912 099) ill be assrgRed te the pet+tiGR. phis pet+tigR tFac-ki„g .nher shp, l.d be ...,+o.d OP @II fil+llro CQrrRSPGRdeRGe r ar.diRgthe pet tie.. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering Services De artm + Development Review Division will review the application and identify whether additional materials are needed. Staff will prepare reviewthe request based on the criteria identified in LDC section 10.01.02 B. Pre -Construction A pre -construction meeting shall be scheduled with the ERgi^@@ring Ser..,res Meeting DepartmeRt Development Review Division prior to the commencement of work. A4 the pre nr+r6IG%iQn .,-, a%mRg If approved byther'euA%y Manager or.de...... ..,oLe' fig. C*See Chapter 1 D.9 for additional information regarding the pre -construction meetina requirements. Updated 991Page Revised: 2/17/2023 Packet Pg. 596 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.44.. hRd..1..4..r1 Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� E. Vegetation Removal Applications U E.1 Agricultural Land Clearing Permit L Reference LDC &u4section 10.02.06.0 and F.S. § 163.3162(4) or 823.14(6). E Applicability This procedure applies to any request to receive an Agricultural Land Clearing < Q permit which is required for agricultural operations that fall outside the scope of the > Agricultural Lands and Practices Act, F.S. § 163.3162(4) or the Right to Farm Act, F.S. rn § 823.14(6). a� t a� pSee Chapter 4 E.2 of the Administrative Code for the Agricultural Land Clearing Q. Notice. E 0 Exemptions for an Agricultural Clearing permit are identified in LDC section U 10.02.06 C.1.d. c Pre -Application A pre -application meeting is not required. m N Initiation The applicant files an "Agricultural Clearing Permit Application" with the 7a Development Review Division. c ca C*See Chapter 1 D. for additional information regarding the procedural steps for N initiating an application. 0 N Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Legal description; • b. Acreage; • c. Proposed acreage to be cleared; and • d. Street address of subject property. 3. Zoning information, including: • a. Zoning district, including zoning overlays; and • b. Proposed agricultural use. 4. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly. 5. Special Treatment (ST) permit information, if one has been previously granted. 6. Pursuant to LDC &604section 10.02.06 C: • a. Silviculture operation information and management plan, prepared by a forester or resource manager, if applicable; • b. Generalized vegetation inventory and clearing plan; 100 1 Page Revised: 2/17/2023 Packet Pg. 597 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • c. Data on wetland impacts and protected wildlife species habitat subject to the GMP, Conservation and Coastal Management Element, and the LDC, if applicable; and • d. Signed agreements. 7. An aerial photograph or Site Plan that includes general vegetation inventory identifying the acreages of existing native vegetation on site and proposed clearing plan. 8. Affidavit of Authorization. 7- 9. Prior to the clearing of the land, the following state and federal permits shall be submitted, if applicable: Is a. SFWMD consumptive use permit or exemption (for the withdrawal of water); • b. SFWMD surface water management permit or exemption (for control of surface water, i.e. dikes and ditches); and • c. US Army Corps of Engineers permit (for wetland impacts). Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application-44 Processing of Application completed appliGation par=ket mus;t bp @GCAMPaRied with the required fee. The traGkir number (i.e., vv201 200009) will be assigned to the permit. This perrAnt +raGking number ShAul.d ho nAte.d Qn all f-4--ire G n denGe r ar.dingtho Pe Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Nat--ir.,l Qos;^„rGeS Department Development Review Division will approve, approve with conditions, or deny the agricultural clearing permit in writing based on criteria in LDC &44section 10.02.06 C. Updated 101 1 Page Revised: 2/17/2023 Packet Pg. 598 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.44.. hRd..1..4..r1 Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� E.2. Agricultural Clearing Notice U a� Reference LDC &ubsection 10.02.06 C and F.S. § 163.3162(4) or 823.14(6). L Applicability This procedure applies to a request to receive an Agricultural Clearing Notice which rnT) is required for agricultural operations that fall within the scope of the Agricultural E Lands and Practices Act, F.S. § 163.3162(4)orthe Right to Farm Act, F.S. § 823.14(6). Q Pre -Application A pre -application meeting is not required. m > Initiation The applicant files an "Application for an Agricultural Clearing Notification" with the y Development Review Division. Pursuant to sections F.S. § 163.3162(4) or 823.14(6), the property owner shall file E the application no later than 60 days priorto the removal of vegetation. Lj C*See Chapter 1 D. for additional information regarding the procedural steps for c initiating an application. N Application The application must include the following: 2 Contents for a 1. Applicant contact information. N �e notice 2. Property information, including: a. Legal description; rn c M N • b. Street address of subject property; r- • C. Current property acreage; • d. Proposed acreage to be cleared; • e. Acreage of existing native vegetation on site; and • f. Date of clearing to begin and expected date of clearing completion. 3. Zoning information, including: • a. Zoning district, including zoning overlays; • b. Proposed agricultural use; and • c. Basis of property exemption from local regulation pursuant to Agricultural Lands and Practices Act section 163.3162(4) F.S. and the Right to Farm Act section 823.14(6) F.S. %. Tho .d;;ro o �.,hkh land Glearin us expected to ho Gpleted 6 4. An aerial photograph or site plan that includes a general vegetation inventory identifying the acreage of existing native vegetation on site and proposed clearing plan. 7- 5. Proof that the property is classified as agricultural by property appraiser, i.e. Agricultural Exemption. 9 6. Description and evidence of bona fide agricultural operations. 102 1 Page Revised: 2/17/2023 Packet Pg. 599 10.A.b Text underlined is new text to bead ded Tr...+ n+ril...+hFGWgh inn eAtteXttA h.. rl..l.49d Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures -9 7. List Best Management Practices, interim measure or regulations governing the agricultural operation. 448.Signed agreements, pursuant to LDC &60asection 10.02.06 C.2. 9. Affidavit of Authorization. Completeness and The Na sir -,I ReseurGes I epar+m eRt ..xill review the -. PliG@ti9R fr.r G .,let-..000 or tFaGkiRg Ru ber (i.e., XXX209 7nnnnn).. ill be ed W the Peti+i.,r, This Peti+ieR tFaGkiRg R ...h.,r shnuld be r.r ted A- All f-iture r• .,sleR r ar.JiRO ice} Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process Thp Naw,ral ResewrGes Department will approve or deny the agriGWIt6iral Glearing permit in writing based on P.S. f. 163.9162(4) ,r § 923 'I 4(6) Where the a ul+viral GleaFiRg permit is denied the letter shall state the r r./sl feP denial. The Development Review Division will review the Agricultural Clearing Notice application in accordance with F.S. § 163.3162(4) or § 823.14(6) and provide correspondence to the applicant acknowledging the Agricultural Clearing Notice. Updated 103 1 Page Revised: 2/17/2023 Packet Pg. 600 10.A. b Text underlined is new text to bead cled Text ;trik thFeLl .h!n ..4M.44.. h..dR'Rted Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� E.3. Cultivated Tree Removal Permit ° a� Reference LDC &60asection 10.02.06 I. c L Applicability The Cultivated Tree Removal Permit applies to the removal or relocation of any T) tree or palm installed for landscaping and which is not a part of a preserve. E The provisions of this section are applicable to all development exceptfor single- Q family and two-family home sites. However, such single-family and two-family m >_ home sites shall maintain the minimum number of trees required by the landscape code, identified in LDC section 4.06.05. t a� L Initiation The applicant files a " L ^n15GGPe Trod Ren9GVG1 -OF n,1th' .ro.d _I ^^,1SGGPeS Q Cultivated Tree Removal Permit" application with the Development Review o Division. U 0 Ca See Chapter 1 D. for additional information regarding the procedural steps for m v N initiating an application. Pre -Application A pre -application meeting is not required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • a. Detailed description of property location; and • b. Address of subject property. 4. Reason for proposed tree removal and a brief description of trees to be removed. 5. Photographs of specific tree related problems or damage, if applicable. 6. Any professional recommendation of an arborist, urban forester, or landscape architect, if available. 7. Endangered Wildlife Habitat information. 8. Types of treesto be used for replacement. 9. Proof of ownership such as a warranty deed or tax statement. 10. A site plan depicting the following: • a. Location and type of proposed treesto be removed; • b. Location of proposed replacement or relocated trees, buildings, paved areas, structures and utilities and type of trees proposed for replacement; • c. The Development Review Division may require the site plans be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees; and 104 1 Page Revised: 2/17/2023 Packet Pg. 601 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • d. If the site plan does not provide sufficient information to determine which trees will be affected by the proposed tree removals, the Development Review Division may require that a tree survey of the site be prepared and submitted to the Development Review Division for review. 11. The name, phone number, and mailing address of all registered Home Owners Association's that could be affected by the application. 12. Separate letters stating the following, if applicable: • a. The removal of the tree(s) in question is approved by the HOA; and • b. If the application is submitted by an agent, a letter from the homeowner/property owner stating the removal of the tree is approved. 13. Affidavit of Authorization. Completeness and c*See Chapter 1 D.5 for the acceptance and processing of an application. T#e Processing of DI-,r.r ORg & 7=E)RiRg PiVi Si E)R Will r .,+he a pliGati.,., f.,r G pl.,+. ReSS Af+.,r Application fee the applicant ..,III FR-GUQi4WAUQ @ -,0I.,.d A— .,I.,r+r.,r.iG . .,+if. iRg +h*, a-PeG r for the paymeRt and +he #aGkiR r beg (i.e., XX291291 900) assign %G the petition. This Pet4iQR +r „-WRg n mber shgi-ild be Aotpd AR all fii+i-ro GerrespendeRGe regarding the petitiQR. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The County Manager or designee will reviewand approve, approve with conditions, or denythe application based on criteria outlined in LDC section 10.02.061. Updated 105 1 Page Revised: 2/17/2023 Packet Pg. 602 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� EA Vegetation Removal Permit U a� Reference LDC section 3.05.00. c L Applicability This process applies to the following activities, or a request to remove protected Mn vegetation, as defined in toe LDC section 3.05.04, other than that planted for E landscaping.- Q 1. The removal of exotic vegetation by mechanical means; m > 2. To clear additional acreage on a single-family residential lot for permitted y accessory uses beyond the one acre of clearing allowed by the building aa) L permit for the house; or Q- E 3. To clear native vegetation in order to construct a perimeter fence. o U G*See LDC section 3.05.00 02 for exemptions. c G*See Chapter 4 E.5 of the Administrative Code for Vegetation Removal and Site W N Filling v �a Initiation The applicant files a "Vegetation Removal Permit" application with the Nati iral Rese rE;es nepar*,, eRt Development Review Division. +° N C*See Chapter 1 D. for additional information regarding the procedural steps N for initiatina an application. Pre -Application A pre -application meeting is not required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • a. Legal description; • b. Detailed location and description of property; • c. Reason for proposed removal and brief description of the vegetation to be removed; • d. Total acreage to be removed; e. Proposed method of vegetation removal; and • f. Proposed methods to protect vegetation to be preserved. 4. Proof of Ownership. 5. Owner/agent affidavit as to the correctness of the application and affirmation of compliance with the conditions of the permit. 6. A generalized vegetation inventory which includes: • a. Generalized vegetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the 106 1 Page Revised: 2/17/2023 Packet Pg. 603 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. • b. Generalized written assessment and evaluation, if requested. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation, and presence of any bald eagle nests. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. c. Reasonable additional information. The County Manager or designee may require that the application include additional information which is reasonable and necessaryto demonstrate compliance with the criteria in LDC section 3.05.04 and 3.05.05. 7. A site plan which depicts the following: • a. Property dimensions; • b. Location of existing infrastructure and alterations; • c. Location of proposed structures, infrastructure, and alterations; • d. The location and species of all protected vegetation. Large stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area; • e. Designation of all protected vegetation proposed for removal; and • f. Location and details of protective barricading of the vegetation to be retained. 8. Affidavit of Authorization. 9 9. County Permits: All County permits and necessary applications requiring County approval and other permitting and construction related items, including but not limited to the following, shall be submitted and approved with the Vegetation Removal Permit: a. Building permits (except in accordance with LDC &u4section 4.06.04 A); 107 1 Revised: 2/17/2023 Packet Pg. 604 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • b. Special Treatment (ST) development permits; and • c. Any other required county approvals. -910.Non-County Permits: All non -County permits, including but not limiting to the following, shall be submitted priorto vegetation removal: • a. U.S. Army Corps of Engineers permits; • b. Florida DEP permits or exemptions; • c. U.S. Fish and Wildlife Service permits or exemptions; • d. Florida Fish and Wildlife Conservation Commission permits or exemptions; • e. SFWMD permits or exemptions; and • f. Other applicable agency reviews or permits or exemptions. Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application. Tie Processing of Natural R.PgourGes Department ,.,ill r .,the , nrGatien for Gernpleteneoo Application The nleted a nliGatien naGLet . dot he a ed with the r ed foe The traGkin n6lmbeF (e XX201290090) .,ill be assigned to the tirhris petitieR traGkiRg n mber shoid'.d he AQte.J QA all fiit-dre r-errespendeRGe regardiRg the petitiGR Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Natural RereiirGes Department Development Review Division will approve, approve with conditions, or deny the permit based on criteria in LDC section 3.05.05. Updated 108 1 Page Revised: 2/17/2023 Packet Pg. 605 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures EA Vegetation Removal and Site Filling Permit (VRSFP) Reference LDC section 4.06.04. Applicability This process applies to a requestto clear and fill land for residential, commercial, or industrial lots or building sites where lakes are excavated within a PUD or project, and where an approved SDP, SIP, or PPL has identified the lot or site for future development. Pursuant to LDC section 4.06.04 the VRSFP does not apply to the Golden Gate Estates subdivision. gSee LDC section 3.05.02 for exemptions for vegetation clearing. q See Chapter 5 D. for Construction Plans and Final Subdivision Plats. Initiation The applicant files a "Vegetation Removal and Site Filling Application" with the Engineering Services Pepar+. pnt Development Review Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Pre -Application A pre -application meeting is not required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Legal .desGriptieR of the subje t erty. Property information, including: a. Legal description of the subject property; b. Detailed location and description of the subject property; and c. Reason for proposed clearing/filling. A. -Detailed le-catien aR d rdesGriptieR of the subjeGt preperW` 64. Disclosure of ownership. 7-5. Owner/agent affidavit as to the correctness of the application and affirmation of compliance with the conditions of the permit; 8-6. Site Filling/Grading Plan, if requested. -9-7. Site re -vegetation plan, if requested. 488.Site Stabilization Plan for areas impacted by vegetation removal and/or site filling. 449.Vegetation removal requirements, if requested. 12-10. Site plan with area requested for clearing delineated. 4411. A Vegetation Relocation Plan, if applicable. gSee LDC 644section 3.05.05 H. -1412. A management plan, if applicable. 3-513. Environmental Data Requirements, gSee LDC6444section 3.08.00A. 109 1 Page Revised: 2/17/2023 Packet Pg. 606 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 4414. Generalized vegetation inventory, which includes: a. Generalized vegetation inventory superimposed on a currentaerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. • b. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation, and presence of any bald eagle nests. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. c. Reasonable additional information. The County Manager or designee may require that the application include additional information which is reasonable and necessary to demonstrate compliance with the criteria in LDC section 3.05.04 and 3.05.05. 15. Affidavit of Authorization. processing v' She --- 1. d be nett d a a1I future Go r re SPOR deRGe regard i Rg the petitieR Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Posting of a bond A bond, letter of credit, or cash bond shall be posted for a permit within a subdivision, pursuant to LDC &60asection 4.06.04. A.3.e. Review Process The Engineering cervices; ;;rrt nh*„r,l R.PsA Frey Departments Development Review Division will approve, approve with conditions, or deny the permit based on criteria in LDC section 4.06.04 A. Updated 110 1 Page Revised: 2/17/2023 Packet Pg. 607 10.A.b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures F. Mixed Use Project -Administrative Approval Reference LDC sections 1 0.^xcW 15 and and 4.02.16 and 10.02.15. Applicability This procedure applies to a requestfor a mixed use project (MUP) within the Bayshore Gateway Triangle Community Redevelopment Area that is not seeking a Density Bonus and/or is eligible for administrative deviations pursuant to LDC subsections 10.02.15 A.1 and 10.02.15 B. Eligible Applicants Property owners in the following zoning districts: • a. Bayshore Zoning Overlay, Neighborhood Commercial (BZO-NC) Subdistrict. • b. Bayshore Zoning Overlay, Waterfront (BZO-W) Subdistrict. • c. Gateway Triangle Zoning Overlay, Mixed Use District (GTZO-MXD) Subdistrict. Pre -application A pre -application meeting is required. Initiation The applicant files a "Mixed Use Project Plan (MUP) —Administrative Approval' application with the Development Review Division. CgSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Pursuant to LDC subsection 10.02.15 A.1.b, MUPs that may be administratively approved Contents shall follow the applicable submittal requirements of a site development plan. Ga See Chapter 4 1. of the Administrative Code for additional information. Completeness and G*See Chapter 1 D.5 for the acceptance and processing ofan application. The Dlanning Processing of Application Gempleted appliGatiGA PaGkL-t aGGGnqpaRied with the required fee, the applicant v4ill pr9Gess.,.J Ar:GE) Mr,a.,..i g that FeSP9Rse .,ill be a FeGeiptfeFthe payment and the .,•,hor sho-l.d ho nAtp d on @II fil+llroGArrfQSPGRdeRce r ar.diRgthe no+i Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. St -PA Review The Development Review Division will review the application, identify whether additional Process materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC subsection 10.02.15 A.1. and 10.02.15 B. Appeals Administrative appeals shall be in accordance with the Code of Laws and Ordinances section 250-58. Updated 2022-36 111 1 Page Revised: 2/17/2023 Packet Pg. 608 10.A. b Text underlined is new text to bead cled Text,strikethFo gh is ..4M.44.. hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures G. Official Interpretation of the Land Development Code Reference LDC section 1.06.01 and LDC Public Notice &u4section 10.03.06 P. Applicability Any affected person, resident, developer, landowner, or entity that is subject to the LDC may make a request to clarifythe requirements for development approval or the meaning of a particular term, phrase, or requirementof the LDC. Pre -Application A pre -application meeting is not required. Initiation The applicant files an "Application for Official Interpretation" with the Planning Zoning Division. G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Request details, pursuant to LDC section 1.06.01: • a. Each request must identify the specific LDC citation to be interpreted; and • b. A requestfor interpretation may contain no more than 3 issues or questions. The request must not contain a single question with more than three sub -issues or questions. If it is determined by the appropriate official that the request for interpretation contains more than three issues, the applicant will be required to submit a separate request accompanied by the applicable fees. 3. An interpretation of the request prepared by the applicant. The interpretation shall include justification for the request. Notice — For Notification requirements are as follows. c* See Chapter 8 of the Administrative Code interpretation of for additional notice information. County wide application of the 1. Newspaper Advertisements: Upon issuance of the interpretation, the County GMP and LDC Manager or designee shall provide a legal advertisement that is published in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Brief summary of interpretation; • b. Location of affected property; and • c. Appeal time frame. 112 1 Page Revised: 2/17/2023 Packet Pg. 609 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Notice- For Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code interpretations for additional notice information. affecting a specific parcel of land 1. Notification of affected property owner: If an official interpretation has been requested by an affected party other than the property owner, Collier County shall notify the propertyowner that an official interpretation has been requested. 2. Mailed Notice: Upon issuance of the interpretation, the County Manager or designee shall provide written notice of the interpretation to propertyowners within 300 feet of the property lines of the land for which the interpretation is requested. 3. Newspaper Advertisements: Upon issuance of the interpretation, the County Manager or designee shall provide for a legal advertisement that is published in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Brief summary of interpretation; • b. Location of affected property; • c. Appeal time frame; and • d. Project Location Map, i', site GifiG. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process 1. Theta• Zoning Division shall determine whether the request is complete. If the Department Division determines that the request is not complete, the Department Division shall identify the deficiencies in a written notice to the applicant. The Departmen Division shall take no further action on the request for the official interpretation until the deficiencies are addressed. 2. After the requestfor the official interpretation is complete, the County Manager or designee shall reviewand evaluate the request in light of the Growth Management Plan and LDC, as applicable, and render an official interpretation. 3. The County Manager or designee may consult with the county attorney and other county departments before rendering an interpretation. Prior to the release of the official interpretation to the applicant, the official interpretation shall be reviewed by the county attorney for legal form and sufficiency. 4. The interpretation shall be in writing and shall be sent to the applicant by certified mail with a return receipt requested. Timing o„rs„ant to I ^X seGtien, e Official interpretations shall be rendered within 45 days of issuance of a determination of completeness. Official Record The County Manager or designee shall maintain an official record of all interpretations rendered. The official interpretations shall be available for public inspection during normal business hours. 113 1 Page Revised: 2/17/2023 Packet Pg. 610 10.A. b Text underlined is new text to bead cled Text,strikethFo gh is ..4M.4tA hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Appeals An official interpretation may be appealed to the BZA by the applicant, affected property owner, aggrieved, or adversely affected party within 30 days from the receipt by the applicant or affected property owner of the written official interpretation or within 30 days of the newspaper publication. Ga See Chapter 3 A. of the Administrative Code. Updated 114 1 Page Revised: 2/17/2023 Packet Pg. 611 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� H. Sign Permit U a� Reference LDC section 5.06.00. L Applicability This procedure appliesto any construction, installation, rebuilding, reconstruction, Mn relocation, alteration, or change in the sign, including a change in the graphics or message 9 E of any sign. Q Pre -application A pre -application meeting is not required. > Initiation The applicant files a Sign Permit application with the Operations & Regulatory N Management Department Division. a� L The Sign Permit can be downloaded from the Collier County website by following this link: Q' E httas://www.colliergov.net/index.asox?oape=3428. U C*See Chapter 1 D. for additional information regarding the procedural steps for initiating CD an application. W N Application Submittal Credentials: All drawings, plans, and specifications for pole signs, projecting f° Contents signs, and any ground sign over 32 square feet or 8 feet in height shall be submitted by a Florida certified design professional. The application must include the following: 1. Applicant contact information. 2. Notarized approval letter from property owner or management company. 3. The legal description and the street address of the property upon which the sign is to be erected. 4. The dimensions of the sign including height. S. The graphics/message to be placed on the sign face. 6. If the sign or sign graphics/message is illuminated or electronically operated, the technical means by which this is to be accomplished. Additional In addition to the application contents mentioned above, applications for a Wall Sign Requirements for must also include the following, pursuant to LDC section 5.06.11: Wall Signs 1. Two copies of the Construction Drawings, that includes'": a a. The m Method of attachment or Engineering; a b. Color rendering; and a c. Dimensions of signage. 2. Two copies of the Elevation Drawings, that demonstrates a a. Identifying % The height and width of the unit or building; a b. The pPIacement of sign on elevation; and a c. The 10 percent cleararea�4, 115 1 Revised: 2/17/2023 Packet Pg. 612 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Site plan showing IeGation if r, o 0 than 9 wall sigR is plied Croo tgnding Sinn si+o nl.,n r ont6 A4L01.41 3. Two copies of a floor plan showing units and placement of sign(s). 4. When more than one wall sign is applied for, two copies of a site plan showing the location and placement of the sign on the building. Additional In addition to the application contents mentioned above, applications for a Freestanding Requirements for Sign must also include the following, pursuant to LDC section 5.06.11: Freestanding Signs 1. Two copies of the Construction Drawings, including: • a. Method of attachment or Engineering; • b. Color rendering; and • c. Dimensions of signage. 2. Two copies of the Site Plans, ink showing the following: • a. Sh9WiRg The location and placement of the sign; • b. SevviRg s Setbacks from the sign to property lines; and • c. Showing r Road frontage dimensions_ C h.,..dnrt Il.oari.,n Completeness and G*See Chapter 1 D.5 for the acceptance and processing ofan application. Processing of @Ad RegWl@tGFY M@A@gerneAt DepaFtMeAt Well FeVieW the appliGation fer Gempleteness. Application , . #_Qd O all future G n.donGo r ardiRgtho petitieR Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Operations and Regulatory Management Department Division will review the application utilizing the criteria identified in LDC section 5.06.00. Permit Number Following approval, only the current permit number shall be displayed or affixed at the Displayed base of the sign, or sign structure, and: • a. Shall have the same life expectancy as the sign; • b. Shall be clearly legible to a person standing five feet in front of the base of the sign; and • c. Shall be at least one-half inch (%") in height. Updated 116 1 Page Revised: 2/17/2023 Packet Pg. 613 10.A. b Text underlined is new text to bead cled Text,strikethFo gh is ..4M.44.. hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� I. Site Development Plan U I.1. Conceptual Site Plan (CSP) L Reference LDC &u4section 10.02.03 C. E Applicability This procedure applies to any request for a Conceptual Site Plan, which is designed to be < Q an informal review and approval process that may precede a Site Development Plan > approval. rn Pre -Application A pre -application meeting is not required. t a� L Initiation The applicant files an "Application for Conceptual Site Plan (CSP)" with the Development Q o Review Division. U 0 C*See Chapter 1 D. for additional information regarding the procedural steps for W initiating an application. N The application must include the following: 1. Applicant contact information. 2. Narrative description of the project. 3. Property information, including: • a. Legal description; • b. Property identification number; • c. Assigned project planner; and • d. Total acreage of subject site. 4. Two site plans, drawn to scale, showing the location of proposed infrastructure and buildings, zoning and land use of subject and surrounding properties, and required perimeter landscape buffer and building setbacks, including: • a. A table showing the required and provided setbacks and separation of structures, with a reference to the applicable ordinance from which these requirements are taken; • b. A table showing parking calculations, and number of spaces required and provided; • c. For residential projects, a table showing the permitted density and the number of units provided, including the minimum floor per dwelling unit required and provided; and • d. A note on the site plan stating that: "Site geometry, parking, setbacks, and landscape buffersshall meet the Collier County LDC and/or applicable PUD ordinance requirements." 117 1 Page Revised: 2/17/2023 Packet Pg. 614 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The WaRR'Rg & 794Rff Development Review Division will reviewthe application, identify whether additional materials are needed and review the application for compliance with LDC section 10.02.03 and other provisions of the LDC. Updated 118 1 Page Revised: 2/17/2023 Packet Pg. 615 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I.2. Site Development Plan (SDP) Reference LDC section 10.02.03 and other provisions of the LDC. Applicability All development is subject to this subchapter, unless it is exempt pursuant to LDC section 10.02.03 A.3. Pre -Application A pre -application meeting is required unless waived by the County Manager or designee at the request of the applicant, pursuant to LDC section 10.02.03 D. Initiation The applicant files an "Application for Site Development Plan" with the Development Review Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Contents n"'ar.d S'tnepiOGan+,c ppgf@ss .gnat @RginPLQP lironco.d to n aGtiGe in %he Stat . of Cl.,rid@ Th., Dlar. De n..'r on+c be signed aAd sealed by a liGe Ased arGhite Gt registered in the Stop of CL,ri.Jo The application shall include the following, if applicable: 1. Applicant contact information. 2. Addressing checklist. 3� W;;rr + dopd 4.3.Propertyinformation, including: • a. Projecttitle; • b. Legal description; • c. Property identification number; • d. Section, township and range; • e. Subdivision name, unit, lot and block; and SGalo n„r+h and date • f. Current zoning designation; and • g. Requested or approved zoning actions. 4. Pre -application meeting notes. S. Electronic copies of all documents. 6. Proof of ownership, including a copy of the recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. 119 1 Page Revised: 2/17/2023 Packet Pg. 616 10.A.b Text underlined is new text to bead ded TO-xt 8#ril.P+hFGWgh inP P At teXt to hEQ d RIP+P.d Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Theapplicant Shall also present a Rotarize.d totter pf frpm +ho propor+y owner(s) rdesigRa+ing the applicant as the agent ae+ing An hohalf of then er(s 7. Owner/agent affidavit as to the correctness of the application. 8 DI Ill llr.diPanre anal Development r . P i+ aon+ lnferma+inn. Affidavit of Authorization. g. oI In NAA—WtGrin R@PPr+ aR d SGhe,duln if a nlieahle. Fee Calculation Worksheet and Review Fees, signed. 10. A Cgyprchoo+with rho foll.,..,iRg inferma+ien: Then eGt title and name, address and Pheno n mbpr Qf +ho fires, ., agent n g the plans anal the name, address and tole Phr.no number .,f the property 79niRg rdeShgR@tdr)P of+he subjeGt property. In the o n++ha+ the n erty is n.d PUP, the Ramp- Pf+he DI ID anal the n Saber Pf+hn er.dinancn the DUD; Vi.-ini+., FRap rlearl.,WeP+ifyiRg+he IPc-a+inn of+he Sleyelepmen+ anal its ela+ieRship +., +ho S R diRg eo.,-,., uni+..• and A legal .desGri P+ien anal the property appraiser's or+y w.ber(s)/felin n mber(s) fer+he subjeGt property or properties; Cover letter describing in detail the proposed project or proposed changes, including any discussions with the assigned planner that may be pertinent to the reviewof the application, and the sheet numbers of the plans affected by the change, if applicable. 1-1— The 44191A shall bp set forth on thp site develepmeRt PlaR and/ep qR rate .da+a shpe+ u prd P elusiyel.,feF that P A P a+i..n S+a+enaen+ nn the Plan i.den+if..iRg the PF9ViSi9RSPf n Shin Ad M in+enanre of all GAMMOR ea�Pe PrSpaGe, PF@SePVa+i.,P 120 1 Page Revised: 2/17/2023 Packet Pg. 617 10.A.b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 121 1 Page Revised: 2/17/2023 Packet Pg. 618 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 122 1 Page Revised: 2/17/2023 Packet Pg. 619 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 123 1 Page Revised: 2/17/2023 Packet Pg. 620 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 124 1 Page Revised: 2/17/2023 Packet Pg. 621 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 125 1 Page Revised: 2/17/2023 Packet Pg. 622 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 126 age Revised: 2/17/2023 Packet Pg. 623 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.4tA bRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 9,11. PUD Ordinance and Development Commitment Information. 12. PUD Monitoring Report and Schedule, if applicable. 42- 13. Architectural Plans. b See Chapter 4.A of the Administrative Code for Architectural Plan submittals. The plans shall also include: a. If proposed, dumpster enclosure details depicting height and material and color of walls and gates; and b. If proposed, light pole details depicting height and colors of pole and housing. 3-6-14. Landscape Plans. aSee Chapter 4.P of the Administrative Code for Landscape Plan submittals. 15. Lighting plans signed and sealed by a professional engineer licensed to practice in the State of Florida, or by the utility provider. 24-16. Traffic Impact Study. C*See Chapter 78. of the Administrative Code. 17. Engineer's Report with Assumptions and Explanations signed and sealed by a Florida registered professional engineer, with the following information, as applicable: a. For all developments, the following Stormwater related information: L Completed calculations used to design the facilities, such as: road, water management systems, and all accessory facilities, public or private: ii. Drainage calculations, 10-year 1-day: 25-year 3-day: 100-year 3-day storm routings: iii. Detailed hydraulic grade line pipe design calculations utilized to design the stormwater management facilities forthe subdivision or development: and iv. Status of all other reauired permits including copiesof information and data submitted to the appropriate permitting agencies. b. If within Collier County Public Utilities Service Area, the following Report must also contain the following: 127 1 Revised: 2/17/2023 Packet Pg. 624 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis Rtt8)4tA bRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures i. Estimated cost of utilities construction, Water and Sewer calculations: ii. Sewer Hydraulics: iii. Lift station hydraulics to first downstream master station: iv. Lift station buoyancy calculations: v. Chloramine Dissipation Report; and vi. Detailed hydraulic design calculations utilized to design water and sewer facilities regulated by the County. 18. Geo-technical report with soil boring results. 19. Engineering Review Checklist, signed and sealed by athe applicant's professional engineer}_ 20. Engineer's Opinion of probable cost (Paving, grading, and drainage). 21. For residential projects subject to the provisions of LDC section 10.04.09, a completed School Impact Analysis (SIA) application, location map and review fee. 4-5-.-22. Certificate of Adequate Public Facilities application, if applicable. 44.23. Density bonus. If a residential bonus is requested, as provided for in the Growth Management Plan, a certified survey that clearly illustrates the location and relationship of the development to the appropriate activity center and the related activity band shall be required. 24. Environmental Data Requirements, to include: G* See LDCSection 3.08.00A. A. Vegetation Inventory. A generalized vegetation inventory of the property is required, as determined at the preapplication meeting indication the approximate location, densities and species of the following_ i_ Upland wetland and estuarine vegetation including prohibited exotic vegetation, mapped using FLUCFCS terminology; ii. Projects containing the following shall provide a survey identifying species and locations on a currentaerial photograph at a rcal@ of J als 209 foot r larger or superimposed on the site plan: • Plants specified to remain in place or to be transplanted to other locations on the property as specified in the applicable development order. • Specimen trees designated by the BCC, pursuant to LDC section 3.05.09. • Existing trees that may be credited toward the development's landscaping requirements. b. Listed species survey: I. State or federal rare, threatened or endangered plan species surveyed according to accepted Florida Fish and Wildlife Conservation Commission or U.S. Fish and Wildlife Service methods. c. Results of any environmental assessments and/or audits: 128 1 Revised: 2/17/2023 Packet Pg. 625 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures d. Soil and/or groundwater sampling, as required. e. Wellfield Risk Management Special Treatment Overlavzones and analysis, as required. 25. Preserve Management Plan, as required. 26. Completed original Conservation Easement Form signed and sealed, with reference Exhibits depicting the site, preserve area and legal descriptions, as detailed on the Checklist for Processing Conservation Easements. 27. For proposed site alteration(s) within the coastal zone as depicted on the future land use map, in addition to the foregoing requirements, the vegetation inventory shall depict the categories of impact in accordance with LDC sections 3.03.03-3.03.04. 23� 28. Construction Plans. Detailed on -site and off -site infrastructure improvement plans and construction documents prepared in conformance with the design standards identified in LDC section 10.02.04 and any currentcounty ordinances, regulations, policies and procedures, which consist of, but are not limited to, the following items: a. A cover sheet setting forth the development name, applicant name, name of Engineering firm, and vicinity map; b. Improvements for water and sewer service as needed or as may have been specified during a site development plan review prepared in conformance with the Utilities Standards and Procedures Ordinance, 2004-31, as amended; c. Improvements for roadway, motor vehicle and non -motorized circulation, ingress and egress, parking and other transportation needs, including traffic calming devices, required or as may have been specified during the site development plan review, prepared in conformance with the subdivision design requirements. Non -motorized circulation is defined as movement by persons on foot, bicycle, or other human -powered device. Non -motorized circulation depicting sidewalks and bicycle facilities shall be consistent with LDC subsection 5.05.08 A.S. Cross sections and details for improvements are required; d. The absence of obstructions in the public right-of-way shall be demonstrated, including provisions for safe and convenient street crossing; e. Cross sections and details for improvements required in LDC subsections 6.06.02 A.7 through 6.06.02 A.9; f. Improvements for water management purposes as needed or as may have been specified during the site development plan review, prepared in conformance with subdivision design requirements and pursuant to South Florida Water Management District rules, chapter 40E-4, 40E-40 and 40E- 41, Florida Administrative Code; a Citation to the applicable technical specifications for all infrastructure improvements to be constructed; h. Engineering design computations and reportsfor water, sewer, roads, and water management facilities, as required by federal, state, and local laws and regulations. 129 1 Revised: 2/17/2023 Packet Pg. 626 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures i_ Topographical map of the property including: e J. Existing features, such as, watercourses, drainage ditches, lakes, marshes. e ii. Existing contours or representative ground elevations at spot locations and a minimum of 50 feetbeyond the property line. L Benchmark locations and elevations (to both NGVD and NAVD). k. Site clearing plan and methods of vegetation protection. I_ Where jurisdictional wetlands occur onsite, approved wetland jurisdictional lines shall be shown on the construction plans. 24- 29. County -Permits: All necessary permits and applications requiring County approval and other permitting and construction related items, including but not limited to the following, shall be submitted and approved with the site development plan. These permits may include, but are not limited to the following: a. Excavation permit; b. A Collier County right-of-way permit; c. Blasting permit, prior to commencement of any blasting operation; d. Interim wastewater and/or water treatment plant construction or interim septic system and/or private well permits priorto building permit approval; e. All other pertinent data, computations, plans, reports, and the like necessaryfor the proper design and construction of the development that may be submitted; and f. All necessary performance securities required by Collier County ordinances in effect at the time of construction. 2-530. Non -County Permits: All Federal, State, and other local permits shall be submitted prior to construction and before the pre -construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre -construction meeting. a. Florida Department of Environmental Protection water and sewer facilities construction permit application; b. Notice of Intent (N01) to issue a Florida Department of Transportation Right -of -Way permit; c. Florida Department of Environmental Protection or South Florida Water Management District Environmental Resource Permit, if required or, Collier County general permit for water management prior to site development plan approval; and d. Any additional state and federal permits which may be required prior to commencement of construction, addressing the impacts on jurisdictional wetlands and habitat involving protected species, such as: 130 1 Revised: 2/17/2023 Packet Pg. 627 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures i_ USACOE permit and exhibits. If no USACOE permit, SFWMD permit and exhibits shall be submitted; and ii. For the RFMUD, Agency accepted UMAM/WRAP scores. 246-31. Airspace obstruction review materials, if applicable. An airspace obstruction review is required for any proposed obstruction that exceeds the criteria established in LDC section 4.02.06 and shall be reviewed by the FAA in the form and matter prescribed in 14 CFR Part 77. See "Who Needs to File" at https://oeaaa.faa.gov/oeaaa. The following items shall be provided for review: a. A copy of the FAA form 7460-1'Notice of Proposed Construction or Alteration', and all supporting materials, filed with the FAA; b. A copy of the final FAA Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) determination; and c. A narrative statement with a detailed description/explanation of the proposed airspace obstruction and response to the applicable review criteria from LDC section 4.02.06 M.3. Site Development Submittal Credentials: The engineering plans shall be signed and sealed by the Plan Requirements applicant's professional engineer licensed to practice in the State of Florida. T4e landsGape plans shall be signed and sealed by a landsGape arGhited registerRd an the State Q-f CL,rida Cer p Gts sub. @G%te I DC ss c+ie—n C 05 0-9 Ghi+e G41F,I rlFaWiRgS Sheet size: The site development plan and the cover sheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale. The �^�R site plan shall include the following, if applicable: 44.1. A Cover Sheet with the following information: a. The project title and the narne, address and phene numbpr of +h., fires. ag@Rt pFep@ iRg-t_h L- plansand%hen Rd i;ddro« and telephone nu.rnbe.r of theproperty .,wne ; b. Applicant contact information; c. Name, address and telephone number of the property owner; d. Zoning designation of+he subjeGt property in the eyentthat the prepertyis zoned DI In the name of the DI In and the number of the .,rdin;;Pc;e appreving the o"^ (if zoned PUD, include PUD Ordinance number and Development Commitment Information); e. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community; and f. Legal description A leRal deS,-ri.9t09R and the i er+.,aigigpaasep'sopeigepty fplig R R:Iber (s) f9p the submeG+ T;and g. Property identification number(s) for the subject property. 2. On the cover sheet or following page, provide information on the Standard Building Code, type of construction, number of stories, total sauare footage under roof, 131 1 Page Revised: 2/17/2023 Packet Pg. 628 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures occupancy/use and fire sprinkler intentions of all proposed structures so that a needed fire flow may be determined. 3. A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, preservation areas, private streets, and easements. 4. A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the LDC and/or applicable PUD ordinance: a. Total site acreage; b. Total square footage of impervious area (including all parking areas, drive - aisles, and internal streets) and its percentage of the total site area; and C. Total square footage of landscape area/open space and its percentage of the total site area;_ 5. For projects that include residential uses, total number of u nits, density, units per acre, and a unit breakdown by square footage and number of bedrooms, as well as minimum/maximum (as applicable) floor area required and floor area proposed. 6. For projects that include non-residential uses, total building footage and a square footage breakdown by use (i.e., office, retail, storage, etc.) and its percentage of the total building; for hotels and motels, the minimum/maximum (as applicable) floor area, or proposed floor area ratio, required, and floor areas. 7. A development standards table which shall include the following: a. All required and provided setbacks and separations between buildings and structures in matrix form; and b. Maximum allowed zoned h,,ddiRg height alle . ed and actual building height, and the provided zoned and actual building height, as defined in LDC section 1.08.00- 8. Zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right-of-way or right-of-way easement, 9. North arrow, bar scale, and date. 10. A parking summary in matrix form which shall include: a. Type of use; b. Total square footage per use; C. Required parking ratio, number of standard spaces and handicapped spaces required by use, and number provided; d. Number of loading spaces required and provided, k if applicable }; and e. Tatar +Number of spaces provided by use required and provided bicycle parking spaces. 132 1 Page Revised: 2/17/2023 Packet Pg. 629 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 11. A fire hydrant flow test report, no more than 6 months old, from the applicable fire district for the closest hydrant(s) to the project S^ that *"^ fir^ f N maybe determined; aP 12. Location of existing and proposed fire hydrants. 4&13. A recentaerial photo shall be provided at the same scale as the plan delineating the development boundaries, unless waived at the pre -application meeting. 2-2-.14. Soil erosion and sediment control plan. C*see Chapter7D. of the Administrative Code. 15. A boundary and topographic survey, less than 6 months old and prepared by a professional surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights -of -way, and areas dedicated to the public. This survey shall be accompanied either by an attorney's e0pinion of Jitle, or by a sworn statement from the property owner(s) stating that he or she has provided sufficient information to the surveyor to allow the accurate depiction of the above information on the survey;, 16. Name, alignment of existing/proposed rights -of -way of all internal streets alleys, lees. and streets which border the development (including raised islands, striping, right/left turn lanes, nearest U turns, median cuts and nearby intersections) the 17. Location and configuration of all development ingress and egress points and legal access to the site ;. 18. Location of all existing driveways or access points on the opposite sides of all streets which borderthe development, and the location of all traffic calming devices, 19. Directional movement of internal vehicular traffic and its separation from pedestrian traffic ;, 20. Traffic circulation, signing and marking plan, to include outside and inside radii for all turn movements using a common pivot point for both radii at each location 21. Roadway elevations-i-and•. 22. Location of emergency access lanes, fire hydrants and fire lanes- 23. Location and configuration of all parking and loading areas; , 24. Location of all handicapped parking spaces- 25. Location and configuration of recreational facilities (including related buildings, golf course areas, tennis courts, pools, etc.). 26. Location and general configuration of all water and drainage retention/detention areas as well as all existing and proposed easements, and water and sewer lines intended to serve the development, 27. Location and general configuration of such natural features as preservation/conservation areas, water bodies, and wetlands - 133 1 Revised: 2/17/2023 Packet Pg. 630 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 28. Location of trash enclosures- 29. Location-ar4_heights, and material type of proposed walls or fencesaad, 30. Location and arrangement of all proposed buildings (including existing buildings that are to remain);, 31. Accurate dimensions which include the following: a. All building setbacks; b. Distance between buildings and accessory structures; c. Width of all internal streets; and d. All parking areas and drive-aisles-,-4Rd. I aRGISGape aFeaS -,djaGeRt W allyehie,dar .drives iRterieR p erty liRes 4432. Stormwater management information as follows: a. The South Florida Water Management District Environmental Resource Permit or General Permit number, if obtained; b. Stormwater management control structure(s) location (referenced to State Plane Coordinates, Florida East Zone, North American Datum 1983 (NAD '83), latest adjustment); c. Stormwater management control elevation(s) and overflow elevation(s) (referenced to the North American Vertical Datum, 1988 (NAVD '88), latest adjustment), and NGVD; and d. Twenty-five-year/3-day design discharge at control structure(s);, 33. Any additional relevant information required bythe Development Review Division. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The olaRRiRg Q. Processing of Application Gempleted appliGation parket aGGempanied with the required fee, the applicant vii'l rpGpive a mailed oF plectrAniG Fespense notifying the applicant that the petitiOR is being pFaGesso.d AG,-.,.,;r,@r,.,iRg that response .,ill be a llatfor the payment and rho #aGkin Mb@r (i.e., XX20 20000 ) assigned to the petitign This petition trarking w.hor ;hnul.d he R64P.d AA all fi-461ro GRGIe Ge r ar.dingthe peti+iAA Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The PlaRRiRg & ZORiRg nor rtrReRt Development Review Division will reviewthe application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Pre -Construction A pre -construction meeting shall be scheduled with the Engineering Ser„ires De artm Meeting Development Review Division prior to the commencement of construction. All Pe deral State, and 9G@l permits shall be submitted prier te E;E)Rstrurtie P aAd befGre the pre 134 1 Page Revised: 2/17/2023 Packet Pg. 631 10.A.b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures C�>See Chapter 1 D.9 for additional information regarding the pre -construction meeting requirements. Digital Submittal After the final site development plan has been approved by the County Manager or Requirements designee for compliance with the LDC as provided in section 10.02.03, the applicant's professional engineer shall submit: 1. Digitally created construction/site plan documents, and 2. 1 disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement— EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dime nsions— Lottxt layer. Updated Resolution 2019-196 and 2023-XX 135 1 Page Revised: 2/17/2023 Packet Pg. 632 10.A. b Text underlined is new text to bead cled Text,strikethFo gh is ..4M.44.. hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I.3. Site Improvement Plan (SIP) Reference LDC &ubsection 10.02.03 E and other provisions of the LDC. Applicability This procedure applies to a site improvement plan (SIP) request. A SIP must meet all of the criteria in LDC &u4section 10.02.03 E. Pre -application A pre -application meeting is required unless waived by the County Manager or designee at the request of the applicant, pursuant to LDC &ubsection 10.02.03 E. Initiation The applicant files a "Site Improvement Plan Application" with the PlanRiRg & ZOR+'^^ DepartpAeRt Development Review Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Submittal Credentials: Pursuant to LDC section 10.02.03 E, the engineering plans shall Contents and Site be signed and sealed by the applicant's professional engineer licensed to practice in the Plan Requirements State of Florida. For projects subject to LDC section 5.05.08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan and the cover sheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • a. Project title; • b. Legal description; c. Property identification number; • d. Section, township and range; • e. Subdivision name, unit, lot and block; and • f. Scale, north arrow, and date. 6 4. Cover letter briefly explaining the project describing in detail the proposed project or proposed changes, including any discussions with the assigned planner that may be pertinent to the review of the application, and the sheet numbers of the plans affected by the change, if applicable. 136 1 Page Revised: 2/17/2023 Packet Pg. 633 10.A.b Text underlined is new text to bead ded Ti...+ 8#ril...+hFGWgh inn eAtte ttA h..d..l..49d Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 7- S. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. The applicant shall also present a notarized letter of authorization from the Propertyowners(s) designating the applicant as the agent acting on behalf of the owner(s). 6. A Cover Sheet with the following information: a. The proiect title; b. Applicant contact information; c. Name, address and telephone number of the property owner; d. Zoning designation (if zoned PUD, include PUD Ordinance number and Development Commitment Information); e. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community; and f. Legal description; and g. Property identification number(s) for the subject property. oihili%y feati-roo 13- LeGation, dimension, and of existing water management •c 94 I oC;#iAA Af rrocF. pngl.,o.res � fArm 7. The following information shall be depicted on the site plan: a. Bar scale and north arrow; b. Location, configuration, and dimensions of all building and lot improvementsi c. Location and configuration of parking and loading areas, and the directional movement of internal vehicle traffici d. Location and dimension of access point(s) to the sitei e. Parking summary in matrix form, indicating the required and provided parking for each existing and proposed user 137 1 Page Revised: 2/17/2023 Packet Pg. 634 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.4tA hRd..1..4..r1 Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures f. Location and configuration of handicapped parking facilities and building accessibility features: g_ Location, dimension, and configuration of existing water management facilitiesi h. All required and provided setbacks and separations between structures in matrix formi i. A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the LDC and/or applicable PUD ordinance: i. Total site acreage; ii. Total square footage of impervious area (including all parking areas, drive -aisles, and internal streets) and its percentage of the total site area: and iii. Total sauare footage of landscape area/open space and its percentage of the total site area. L Site clearing plan/vegetation inventory, if required. 8. Owner/agent affidavit as to the correctness of the application. 9. Architectural Plans, if required. q See Chapter 4.A of the Administrative Code for Architectural Plan submittals. 10. Landscape Plans, if required. Ga See Chapter 4.P of the Administrative Code for Landscape Plan submittals. 11. Boundary and topographic survey, if required. 12. Engineer's Report with Assumptions and Explanations, if required. 13 Engineer's Opinion of Probable Cost (OPC) signed and sealed, if required. 14. Affidavit of Authorization. 157. Any additional relevant information as may be required by the of@.,.,iRg ,z. '^^;^^ PepaFtMeRt Development Review Division. Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application. The olaRRiRg Q. Processing of Application orl AGGOMr.aRyo Rg that FeSPORS@ ..ill be a iptfar the P Rt aR d tho #aGLin Mb@r (i.e., XX20 20900 ) assigned to the P@t 4i.,r, Thin petition rrarking w.hor he AC#P.d AR all fi-461ro CAFPPSPGRGleRG@ r ar.dingthe Peti+i.,r, Notice No notice is required. Public Hearing No public hearing required. Decision Maker The County Manager or designee. Review Process The PI@Rr ORg & ZE)RiRg n,,paFt.,• eRt Development Review Division will reviewthe application, identify whether additional materials are needed and approve, approve with 138 1 Revised: 2/17/2023 Packet Pg. 635 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Pre -Construction A pre -construction meetingir Aet may be required if requested by staff. Following Meeting approval of the SIP. the Engineer of Record (EOR) shall submit the Affidavit of Compliance to the Client Services section of the Operations and Regulatory Management Division or through the GMCD Public Portal. The Engineer's Affidavit of Compliance shall attest that the plans and documents approved by Collier County are consistent with those approved by all State and Federal agencies, and all required permits have been issued. Hewev@F, all Ped@ al State Rd I., al p sAits Shall he ibmitted ppieFte Federal crate and IGGal ageRGY permits at the pre rGRStFWGtiGR m eti.,r< Gq See Chapter 1 D.9 for additional information regarding the pre -construction meeting requirements. Digital Submittal After the final site development plan has been approved by the County Manager or Requirements designee for compliance with the LDC as provided in section 10.02.03, the applicant's professional engineer shall submit: Updated 1. Digitally created construction/site plan documents, and 2. 1 disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement— EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dime nsions— Lottxt layer. 139 1 Page Revised: 2/17/2023 Packet Pg. 636 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.44.. hRd..I..t(-A Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I.3.a. Immokalee Nonconforming Mobile Home Parks or Mobile Home Sites - Existing Conditions Site Improvement Plan Reference LDC &6bsection 2.03.07 G.6. Applicability This procedure appliesto mobile home parks or mobile home sites pursuing an existing conditions site improvement plan and which meet the criteria established in LDC section 2.03.07 G.6. Pre -application A pre -application meeting is required unless waived by the County Manager or designee at the request of the applicant, pursuant to LDC s4bsection 10.02.03 E.2. Initiation The applicant files an "Existing Conditions Site Improvement Plan Application" with the PlaRniRg & 7e. iRg Departm@ + Development Review Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Submittal Credentials: The site improvement plan, as described below, is not required to Contents and Site be signed and sealed by a Professional Surveyor and Mapper or a professional engineer. Plan Requirements The specific purpose survey, as described below, shall be signed and sealed by a Professional Surveyor and Mapper. Sheet size: The cover sheet and site improvement plan shall be prepared on a size sheet measuring 24 inches by 36 inches and drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Cover letter briefly explaining the project. 4. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement demonstrating ownership and/or control of the mobile home park or mobile home site or parcel of land. 5. Site improvement plan shall include: • a. Cover Sheet with the following information: i_ The p-roject title and the name, address and phone number of the preparer of the plans; ii. Applicant contact information: a iii. Name, address and telephone number of the property owner: iv. Zoning designation of the subject property and adjacent sites; V. Vicinity map clearly identifying the location of the development within the Immokalee Urban Overlay and its relationship to the surrounding community; a vi. The property appraiser's property identification number(s) #QUG ^ Tfor the subject property; an4 a vii. Bar Scale, north arrow, and date; 140 1 Page Revised: 2/17/2023 Packet Pg. 637 1O.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� a viii. Acreage of site; 0 U a ix. Number of mobile home units; and > 8 X. Number of vacant lots-- :r b. Illustration of existing conditions, such as: E i_ Site address of mobile home units; Q a ii. Location and dimension of access point(s) to the site; m > e iii. Directional movement of internal vehicle traffic; W a iv. Location and configuration of streets; t °) Q. a v. Location and configuration of parking spaces and loading areas; E 0 U e vi. Location of fire hydrants and fire alarms, if any; c a vii. Location, dimension and configuration of existing infrastructure, such m v as utilities, drainage facilities for the park; and a viii. Utility connectionsfor mobile home units. 6. Specific purpose survey shall include the following: c f° • a. The name and contact information of the person who prepared the site 0 rn improvement plan; S • b. Property boundaries; M N r- r • c. Location and configuration of mobile home units, vacant lots, and other N structures; U a U • d. Location and dimension of access point(s) to the site; U am • e. Separations between mobile home units and other structures; and 41 n Is f. Easements. 7. Affidavit of Authorization. 7-8. Any additional relevant information as may be required by thew Z r;r 1)@P@FtMeR+ Development Review Division. Completeness and G*See Chapter 1 D.5 for the acceptance and processing of an application. Processing of O. 7_r,*rg rl.,paFtr.._rtwill review the aplicatin—R fermi pl.,+.ReSs Application traGkir number (i.e., vv291 2nnnnn) a ed to %he pe%4i r This pe%itieR +r„-Li Rg pidmber ha AAtpd op all fii+i-ro cArrPspeRdenGe r ardingrhe pent'., Notice No notice is required. Public Hearing No public hearing required. Decision Maker The County Manager or designee. Review Process The PI@R.,;Rg & 7 R;Rg Dep@r*., eRt Development Review Division will reviewthe application, identify whether additional materials are needed and approve, approve with 141 1 Page Revised: 2/17/2023 Packet Pg. 638 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Digital Submittal After the existing conditions site improvement plan has been approved by the County Requirements Manager or designee for compliance with the LDC as provided in section 2.03.07 G.6, the applicant shall submit a 4—.9 digital copy of the site plan document. Updated 142 1 Page Revised: 2/17/2023 Packet Pg. 639 10.A. b Text underlined is new text to bead cled Text,strikethFo gh is ..4M.44.. hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I.4. Site Development Plan Amendment (SDPA) Reference LDC &ubsection 10.02.03 t= G and other provisions of the LDC. Applicability This process provides for amendments to a site development plan (SDP). A site development plan amendment (SDPA) shall meet the criteria identified in LDC section 10.02.03 F- G. q See Chapter 4 1.5 of the Administrative Code for insubstantial changes to a site development plan (SDPI) or site improvement plan (SIPI). Pre -Application A pre -application meeting is required. Initiation The applicant files a "Site Development PlanAmendment Application" with the PlaRRiRg Q. ZQRiRg Dep@- MP t Development Review Division. <*See Chapter 1 D. for additional information reaardina the procedural steps for initiating an application. Application A site development plan amendment application must include the following, in addition Contents and Site to the Application Contents and Requirements for site development plans, as applicable Plan Requirements q See Chapter 4 1.2 of the Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.05.08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site impreverneRt development plan amendment and the cover sheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. Property information, including: + a. Original SDP number or AR/PL number; • b. Total area of project; and • c. Site address. 2. Description of proposed amendment. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The Plan. iRg & Processing of Application Gempleted appiiGatieR paGket aGGernpaRied with the required fee, the applicant i ' A ' 411 receive a rpaHed or eler-trgniG response netif�,*Rg the applicaRt that the petition is being 143 1 Page Revised: 2/17/2023 Packet Pg. 640 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The D aRniRg & ZGRiRg DepaFtme^* Development Review Division will reviewthe application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Pre -Construction A pre -construction meeting shall be scheduled with the ERgiReeFiRg SeFV*Ges De aFtmo. + Meeting Development Review Division prior to the commencement of construction. All PedeFal, meetiRg. if approved by the Gownty Manager or desigRee, aR applicant may GaSee Chapter 1 D.9 for additional information regarding the pre -construction meeting requirements. Digital Submittal After the final site development plan has been approved by the County Manager or Requirements designee for compliance with the LDC as provided in section 10.02.03, the applicant's professional engineer shall submit: Updated 1. Digitally created construction/site plan documents, and 2. 1 disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL, edge -of -pave me nt— EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions— Lottxt layer. 144 1 Page Revised: 2/17/2023 Packet Pg. 641 10.A. b Text underlined is new text to bead cled Text,strikethFo gh is ..4M.44.. hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures I.S. Insubstantial Change to a Site Development Plan (SDPI) or Site Improvement Plan (SIPI) Reference LDC subsection 10.02.03 i= G. Applicability An insubstantial change must meet the criteria established in LDC subsection 10.02.03 i- G. In order to determine if a change is truly insubstantial and does not require an amendment to a SDP or SIP, the applicant shall contact the Planning & Zan'^^ Pepartmept Development Review Division to discuss the proposed change. Pre -Application A pre -application meeting is not required, but the applicant must obtain pre -submittal authorization from the Plan.,;.,,. a. Z,,.,,Rg Depar+, eRt Development Review Division. Initiation The applicant files an "Insubstantial Change to: Site Development Plans or Site Improvement Plans" application with the Pi@ Ri g & 70A.Rg DepaFtRgeRt Development Review Division. C*See Chapter 1 D. for additional information reaardina the procedural steps for initiating an application. Application Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be Contents signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.05.08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan or the site development plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. Applicant contact information. 2. Project information, including: • a. Project Name; • b. Assigned Planner; • c. Original SDP/SIP Number; and • d. Section, township and range. 145 1 Page Revised: 2/17/2023 Packet Pg. 642 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 3. Addressing Checklist. 4. Copy of email from the planner who deemed proposed changed to be insubstantial. S. Cover letter describing in detail the proposed changes, including any discussions with the assigned planner that may be pertinent to the review of the application. 6. Cover sheet with the following included: • a. The ptzroject title; • b. Reference stating the project is an Insubstantial Change to appropriate SDP. SDPA efor SIP; • c. Applicant Contact Information; • d. Name, address and telephone number of the property owner: • e. Zoning designation (if zoned PUD, include PUD Ordinance and Development Commitment Information); • f. Vicinity map clearly identifying location of the development and its relationship to the surrounding community; • g_ Legal description; and • h. Property identification Number(s) for the subiect property. 7. Affidavit of Authorization. Completeness and C*See Chapter 1 D.5 for the acceptance and processing ofan application. The Planning Q. Processing of Application pFoG o.d AGGGF.r.-.n..iRg +h@% . .,all be @ Ptf9F tho ., R% and +ho w,har s;hoidl J ho RQtP J AR @II fi141roGAPPPSPQRdeAGe r aFdiRgtho Peti Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Planning & 7eRiRg DepartmeRt Development Review Division will reviewthe application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Updated 146 1 Page Revised: 2/17/2023 Packet Pg. 643 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� I.6. Nominal Alteration Plan (NAP) U a� Reference LDC section 10.02.03 G.3. and other provisions of the LDC. L Applicability This process provides for a nominal change to a site development plan (SDP), site N improvement plan (SIP), or to an existing site in which there is no site development plan. .9 A nominal alteration plan shall meet the criteria identified in LDC section 10.02.03 G.3. Q m Pre -Application A pre -application meeting is not required, but the applicant must obtain pre -submittal authorization from the Development Review Division. t a� Initiation The applicant files an "Nominal Alteration Plan" application with the Development Q. Review Division. o U G*See Chapter 1 D. for additional information regarding the procedural steps for c initiating an application. W v N Application The application must include the following: Contents f° 1. Applicant contact information. 2. Property information, including: • a. Project name; • b. Most recentapproved Site Plan number; • C. Section, township, and range; and d. Property identification number. 3. Addressing checklist. 4. Determination from the County Manager or designee that confirms the requested revisions qualify for the Nominal Alteration Plan. 5. Cover letter describing in detail the proposed changes, including any discussions with the assigned planner that may be pertinent to the review of the application. 7. Affidavit of Authorization. 8. Proposed Nominal Alteration Plan. Plan Requirements Sheet size: The Nominal Alteration Plan and the cover sheet (if required), shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, showing the areas affected by the change. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. 1. For projects that have an existing SDP or SIP, the NAP is only required to show the plan sheets that have changed. 2. For projects that do not have an existing SDP or SIP, a cover sheet with the following information is required: 147 1 Page Revised: 2/17/2023 Packet Pg. 644 10.A.b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures m * a. The project title; 0 • b. Applicant contact information; >_ 4� M • C. Name, address, and telephone number of property owner; w • d. Zoning designation; E • e. Vicinity map clearly identifying the location of the development and its Q relationship to the surrounding community; and > y • f. Legal description; and m • g_ Property identification number(s) for the subject property. a E Completeness and G*See Chapter 1 D.5 for the acceptance and processing of an application. The Planning U Processing of Application co N erra:�ns�:rva�r.� � rr�r�ri�T�T�T�LILT�7G7TCfT.fiT7:P.{706T.f �. Notice No notice is required. Public Hearing No hearing is required. Decision Maker The County Manager or designee may approve. Review Process The Development Review Division will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Updated Resolution 2020-88 148 1 Page Revised: 2/17/2023 Packet Pg. 645 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures J. Temporary Permits J.1. Amplified Sound Permit Reference Code of Laws and Ordinances section 54-92. Applicability This procedure appliesto a request for a one-time, site -specific, Amplified Sound Permit for any commercial business or nonresidential land use which conducts such outdoor entertainment activities within 2,500 feet of any property containing a residential use or of any residential zoning district. G*See Code of Laws and Ordinances section 54-92 for information on how to measure the distance of the sound source to the affected residential property. Pre -Application A pre -application meeting is not required. Initiation An applicant files an "Amplified Sound Permit" application with the Planning & Zon 9 [Department Operations and Regulatory Management Division. Application The application must include the following: Contents 1. Applicant contact information. 2. A currentvalid Business Tax Receiptin the case of a temporary sale, when required by F.S. § 25-905.13 et seq. 3. Consent/authorization of owner. 4. Business orestablishment information, including: 4 a. Name of business/establishment; • b. Property identification number; • c. Address; • d. Phone number; and • e. Zoning classification. S. A sketch and description of the area in which the event will occur on the property. 6. A narrative description of any factors which might mitigate the impact of close proximity of the activity to adjacent residential use or zoning; 7. Event information, including: • a. Type of event (i.e. amplified, non -amplified, community event, enclosed, and/or non -enclosed); • b. Description of event; • c. Hours of operation; • d. Hours of music; and • e. Identification of sound, method and number of loudspeakers and other amplifying devicesto be used. 149 1 Page a� 0 U a� E Q m a� t a� Q. E 0 U 0 m v N Revised: 2/17/2023 Packet Pg. 646 10.A.b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The D1OIRRiRg Q• Processing of Application Gempleted appliGatiOR paGI(et a(.GQR:IpaRo@d With the required fee, the applicant v.gffill rec;PPJ-& vied or plgetrp i 446IFe RdeRGe r @FGldRgt e petfrig," Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The WaRRORg & 7ni1Rg n@PaF% ;@ t Operations and Regulatory Management Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the Code of Laws and Ordinances section 54-92. Updated 150 1 Page Revised: 2/17/2023 Packet Pg. 647 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� J.2. Annual Beach Event Permit U Reference LDC section 5.04.01, 5.04.07, LDC &H4section 10.02.06 F, and LDC Appendix G. m Applicability This procedure appliesto a request for an Annual Beach Event permit. :r rn Pre -Application A pre -application meeting is not required. E Initiation The applicant files an Annual Beach Events Permit" application with the ova• ZeRing Depar+, eRt Development Review Division. Q m C*See Chapter 1 D. for additional information regarding the procedural steps for initiatina rn an application. t a� L Application The application must include the following: E Contents 1. Applicant contact information. 0 U 2. Consent/authorization of owner. CD v 3. A currentvalid Business Tax Receiptin the case of a temporary sale, when required by v F.S. § 25-905.13 et seq. �a 4. Event information, including: ca • a. Property identification number; rn • b. The effective dates of permit; • c. Reason for event; and M N r- • d. On -site contact information. r N U S. Description of proposed uses. V 6. Duration of use. U m 7. Hours of operation. -a Q. 8. Impact of proposed use on adjacent properties. m 9. FDEP field permits shall be submitted prior to commencement of activity, if V applicable. a) Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The clad—inrt Q. Processing of w Application Gempleted applicatiOR aGcernpaRied with the required fee, the applicant will paGket Fee ve a ma E AGGQPAPan..iRg %ha% response .,ill be r@Ad tho Q preGessed. p%for%he payment tr GLiR number (i.e., XX209 20090 ) o ed %9 +hon@+i+inn This +ra GkiR_g ; p@%i+inn •�% w,hor rhp-l.d be RAtp.d Ap all f -ti-po rprrpspendenGe r ardingthe pet4ffiAn C Notice No notice is required. t Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The olanRing & ZGRiRg DepaFtment Development Review Division will reviewthe application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.07. Updated 151 1 Page Revised: 2/17/2023 Packet Pg. 648 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� 0 U J.3. Carnival/Circus Permit 0 L Reference Code of Laws and Ordinances sections 10-26 to 10-33,10-46 to 10-51 and sections 66-89 u to 66-91. 9 E Applicability This applies to any operator, sponsor, or owner of a carnival or exhibition. Q m This includes any activity (whether private or commercial) with the following N characteristics not prohibited by state law to be open to the public for an admission or CD t participation fee: a� L Q • a. Menageries; E 0 • b. A circus, sideshow performances, ferris wheels and other ride activities, U food and drinkdispensing facilities; c W • c. Booths for the conduct of games of skill and chance; and N • d. Freak and similar novelty shows. �a c Pre -Application A pre -application meeting is not required. ca N Initiation The applicant files a "Carnival Operation Application" with the PlaRRiRg & ZeRi^� Departmen% Operations and Regulatory Management Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. A currentvalid Business Tax Receipt in the case of a temporary sale, when required by F.S. § 25-905.13 et seq. 3. Property information, including; • a. Legal description; • b. Addressof subject site and general location; and • c. property identification number. 4. Current zoning of subject property. 5. A description of the nature of the application. 6. A surety bond in the penal sum of $2,500.00, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this section and subject to forfeiture under the terms provided in Code of Laws section 10-31 and section 10-33. 7. Evidence of currentpublic liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000.00for any one person and $300,000.00 for any one incident. 8. A current occupational license issued by the Collier County Tax Collector. 152 1 Page Revised: 2/17/2023 Packet Pg. 649 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 9. The name and headquarters address of the carnival or exhibition company with a director indirect financial interest; names and addresses of any sponsoring organizations, and the name and local address of the applicant representingthe carnival or exhibition company. 10. A description of every activity to be conducted such as but not limited to, menageries; circusand side-show performances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by state law to be open to the public for an admission or participation fee and number of persons to operate the activities. 11. Name and identification of each person accountable for the operation of each activity. 12. A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities, parking facilities, and provision for lighting and public water. 13. Application for food establishment operating permit from the county health department as required bythe Code of Laws and Ordinances section 66-89 through section 66-91. 14. The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition. 15. Provisions for traffic control, fire safety and security precautions. 16. The date and time each activity is to be conducted and concluded. 17. Written approval from the owner of the property authorizing the use of his premised for such carnival activity. 18. An indication of whether the event has been held in Collier County in the past, and if so the location and time the eventwas held. 19. Individual booth and sponsor notification form for temporary events with the following included: • a. Name of Event; • b. Name of Booth; • c. Person in Charge of booth; • d. Types of Food or Beverage to be served; • e. Location of advanced food preparation; • f. How food will be transported to event location; • g_ Method of keeping food hot and/or cold at event site; • h. Method of cooking food at the location; • i_ The method for protecting food from dust, insects, flies, coughs, and sneezes; and • L The method for providing adequate facilities and supplies for employee hand washing. 153 1 Revised: 2/17/2023 Packet Pg. 650 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 20. A signed statement that the applicant understands that failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. 21. Addressing checklist. 22. Owner/agent affidavit as to the correctness of the application. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The Dlanning 4 Processing of Application ppor.essed. A,- g th@t FespeRse ,ill be a reGeilatfor the paymeRt ;;Ad tho #aGk*Rg R61FRb@F (i o i XX29 299999) @d tO the pet4i.,. This Peti+ieR tFaGkiRg number should be noted en all future rerrespendenGe regardingthe peti Notice No notice is required. Public Hearing The BCC shall hold at least 1 public hearing for events that have not been previously approved. Decision Maker 1. For events that have been previously -approved, the County Manager or designee may, in their discretion, administratively approve any application for a carnival permit where the event being applied for is substantially identical to an event for which the BCC previously approved a permit application. 2. For events that have not been previously approved and cannot be administratively approved, the BCC shall act as the decision -making body following interpretation of the criteria set forth in the Code of Laws and Ordinances section 10-49. Review Process 1. Except as set forth below, the olanRiRg u. 7 ning nor rtme t Operations and Regulatory Management Division will review the application and forward one copy to the sheriff and one copy to the health department for review. The sheriff and health department will provide their comments within seven calendar days. Updated 2. If required, the P'aRR'Rg & ZORiRg Pepartme^* Operations and Regulatory Management Division will place the application on the agenda of the next regular meeting of the BCC for approval or denial. 3. Previously -approved events: q See Code of Laws and Ordinances section 10-48 and section 10-51. 154 1 Page Revised: 2/17/2023 Packet Pg. 651 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.44.. hRd..I..t(-A Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures J.4. Film Permit Reference LDC section 5.04.01, 5.04.08, and LDC &ubsection 10.02.06 F. Applicability This procedure appliesto the request for a Film Permit for the following activities taking place, in conjunction with commercial motion picture, film, television, video, or still photography production: the use of set scenery, temporary structures or othe r apparatus, special effects or closure of public streets or access ways. Pre -Application A pre -application meeting is not required. Initiation The applicant files a 'Temporary Use Permit -Special Event" application with the WaRa+Rg & ZgRiRg no..-,.-+...,o..+ Operations and Regulatory Management Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent/authorization of owner. 3. A currentvalid Business Tax Receiptin the case of a temporary sale, when required by section F.S. § 21_1�9 05.13 et seq. 4. Locations, including the duration of use and hours of filming. S. Description of proposed uses. 6. Impact of proposed use on adjacent properties. 7. Proof of comprehensive general liability insurance coverage in the amount of at least $1,000,000.00 combined single limit, with Collier County named as an additional insured. The applicant shall provide to the County Manager or designee a certificate of insurance evidencingthat said insurance is in effect and certifying that Collier County be given 30 days notice prior to the expiration or cancellation of the policy. 8. Special effects to be utilized, especially incendiary or explosive devices, with proof of not less than $5,000,000.00 comprehensive general liability insurance combined single limit with Collier County listed as additional insured. In addition, the application shall list the person in charge (pyrotechnician) of such special effects, together with his qualifications and license from the applicable federal and/or state agencies, and authorization from the local fire district permitting the event. 9. The following information is required by the County Manager or designee, unless waived: a. A conceptual plan indicating the location of film events and parking facilities provided; • b. Plans for construction or utilization of structures on subject site(s); • c. Number, type and location of sanitation facilities to be provided. Plans for disposal of refuse and debris, and restoration of the site(s) to its original condition; 155 1 Page Revised: 2/17/2023 Packet Pg. 652 10.A. b Text underlined is new text to bead cled !n RttG..++.. hR dt-leted Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a d. A description of any lighting facilities that would be necessary and/or the need to disconnect any public lighting; a e. A description of any use which may encroach into environmentally sensitive areas; a f. Approximate number and type of vehicles and/or equipment to be used and any special parking requirements. The number of personnel to be on location with the production; a g_ Necessity for closures of public streets or sidewalks and for what duration and location; a h. An indication of any utilization of aircraft/fixed-wing, helicopter, or balloons at the subject site(s); a i_ List of county personnel or equipment requested, and an agreement to pay for extraordinary services provided by Collier County; a L Provisions for traffic control, fire safety and security precautions; a k. If located on private property, not under the county's ownership or control, a written notarized agreement from the property owner to allow the filming to occur on his property; and a I. Additional information requested to assist Collier County in obtaining future film production. 10. A surety bond in an amount to be determined by Collier County and issued by a company authorized to issue bonds in Florida or cash payment in lieu of the bond may be required by the County Manager or designee to provide for cleanup and/or restoration of the subject site(s). 11. Office of the Fire Code Official's requirements, if applicable: a a. Special Event Permitting Questionnaire/Checklist; and a b. Tent Installation Notification form. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The D aRniRg Q Processing of Application PFOGessed. n,-GGFnPaRYiRg+hat reSPORse will be a reGeipt for the n Rt RAGI+h., #aEkl^ mb er (i.e., XX20 1 7!1llf 00) aSSigRed +n +he no+i+inn This P@%i+inn +rarLiRg ..•,hr,r rhA---Id ho A(#Pd AP all fi-461roGAPPLQSPGRd@RG@ r ar.dingthe pets Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The WaRRil;g & 7GAiRg Depar+meRt Operations and Regulatory Management Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.08. Updated 156 1 Page Revised: 2/17/2023 Packet Pg. 653 10.A. b Text underlined is new text to bead cled Text ;trik thFeLl .h!n ..4M.44.. h..d..1..4ed Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� J.5. Model Homes and Model Sales Centers U Reference LDC sections 5.04.01, 5.04.04 and' ^C gubgPe*i^^ 10.02.06 F. L Applicability This procedure a liesto a request for a Temporary Use permit for a model home or N pp Y p pp q p Y p 'c model sales center intended to facilitate the sale of a productsimilar in design as the E model. Q m Pre -Application A pre -application meeting is not required. > Initiation The applicant files a 'Temporary Use Permit -Model Home/Model Sales Center" y application with the Operations and Regulatory Management Division. CL C*See Chapter 1 D. for additional information regarding the procedural steps for initiating E an application. U 0 Application The application must include the following: v Contents 1. Applicant contact information.= 2. Consent/authorization of owner. 3. A currentvalid Business Tax Receiptin the case of a temporary sale, when required by F.S. § 25-905.13 et seq. 4. Property information, including; a. Property identification number; • b. Subdivision/Development; • c. Unit, lot and block; • d. Developer/Builder information; and • e. Addressof subject site and general location. 5. Current zoning of subject property. 6. Description of proposed uses. 7. Duration of use. 8. Hours of operation. 9. Identify the impact of proposed use on adjacent properties. 10. Model homes or model sales centers to be located within a proposed single-family development prior to final plat approval require the following additional application contents: • a. A plat and construction plans showing all required infrastructure for the lot(s) on which the model home or model sales center is to be located; • b. A site development plan G*See Chapter 41.2 of the Administrative Code; • c. A maximum of 5 models, or a number correspondingto 10% of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified; 157 1 Page Revised: 2/17/2023 Packet Pg. 654 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a d. Documentation showing all required utilities will be available to the subject site. The SDP must depict all required utilities in detail; a e. The boundaries depicted on the preliminary subdivisions plat shall be depicted on the SDP in order to ensure compliance with the applicable development standards in effecton the subject property; a f. Final lot grading and drainage conveyance shall be in conformance with the master grading plan for the project as depicted on the preliminary subdivision plat submittal documents; and a g_ Confirmation that the model home has not been previously used as a residence. 11. A Model Sales Center within an existing subdivision requiresthe following additional application contents: a a. In the case of a permanent structure which is a dwelling unit, a site improvement plan (SIP), pursuant to LDC section 10.02.9403 and &u4section 5.04.04 C; a b. In the case of a permanent structure, other than a dwelling unit, a site development plan (SDP), pursuant to LDC section 10.02.03 and &4bsection 5.04.04 C; and a c. In the case of a temporary structure (mobile home or sales trailer), either a conceptual site plan which addresses the requirements of LDC s44section 5.04.04 C. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The DlanRing Q. Processing of Application rmempleted appliCatiGR p@Gket aGGGMPaRied with the required fee, the applicant violl processed. AcceMpaRyiRg that response wall be a receipt fer the PayMeRt aAd thP #aGkiR mhor (i.e., XX20 17!1llf 00) assigRed to +he peti+ien This Pe%i+iOR %F@GkiRg mhor i;hc4ul.d be Potoll Ap all fii+i-re cArrespeRdenGe r ardingthe pet' The temperary use permit may be appreved prierte or simultaReGuSly with the uhmi«ipA Af a 16141.JiRg permit apliGatin., if applicable Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The PlaRRiRg & ZORiRg nor r+meRt Operations and Regulatory Management Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.04. Updated The temporary use permit may be approved prior to or simultaneously with the submission of a building permit application, if applicable. 158 1 Page Revised: 2/17/2023 Packet Pg. 655 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� JA Special Events U Reference LDC sections 5.04.01,' ^r subi;ec*o^^ 5.04.05 A, 10.02.06 F, and Code of Laws and L Ordinances sections 118-131 to 118-155. u Applicability This procedure applies to a request for a Temporary Use Permit. Specifically, for a Special E Event such as a sales and promotional event, or a sports, religious, and community event. Q m Pre -Application A pre -application meeting is not required. > Initiation The applicant shall submit a 'Temporary Use Permit -Special Event" application with the W NaRRORg & ZGRiRg Depar+. ept Operations and Regulatory Management Division. aa) L Q C*See Chapter 1 D. for additional information regarding the procedural steps for initiating. E an application. U Application The application must include the following: 0 Contents 1. Applicant contact information. 2. Consent/authorization of owner. f° 3. A currentvalid Business Tax Receiptin the case of a temporary sale, when required by c f° F.S. § 25905.13 et seq. 4. Property information, including; N • a. Legal description; M N r- • b. Property identification number; r c� U c. Shopping center; d U • d. Business name; and U m • e. Address of subject site and general location. Q. S. Current zoning of subject property. y 6. Type of event proposed. o U 7. Description of proposed uses. > 8. Duration of use. W r N 9. Hours of operation. 10. Impact of proposed use on adjacent properties. 11. A conceptual site plan (CSP) or a site development plan (SDP) is required for special events and seasonal sales. The site plan must demonstrate that provisions will be made to adequately address each of the following: • a. Vehicular and pedestrian traffic safety measures; • b. Limited activity hours; • c. Watchmen, fencing, and lighting; • d. Fire protection and emergency access measures; • e. Sanitary facilities; and 159 1 Page Revised: 2/17/2023 Packet Pg. 656 10.A.b Text underlined is new text to bead ded TO_Xt 8#ril.ethreWv.h One eAt teXt to ha. d..l. 49d Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • f. If required, a faithful performance bond to guarantee compliance with the conditions of the permit. g_ Adequate on -site or additional off -site parking areas shall be provided as follows: a i_ A maximum of 10 percent of the parking required by LDC section 4.05.04 may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, and merchandise; and e ii. The minimum required number of handicapped parking spaces pursuant to LDC section 4.05.07 shall remain available for use. 12. Temporary Event Recycling Plan, pursuant to Code of Laws and Ordinances sections 118-131 to 118-155. 13. Office of the Fire Code Official's requirements, if applicable: • a. Special Event Permitting Questionnaire/Checklist; and • b. Tent Installation Notification form. 14. For Temporary Events in County ROW, pursuant to LDC section 5.04.05 A.5.d. a. A Temporary Use application shall be submitted 120 days prior to the event that require Hearing Examiner or BCC approval or 60 days prior to an event that requires administrative approval. b. A site plan and route map depicting the route of the event from beginning to end. The site plan shall include an operational plan locating the following: i. Areas of assembly or dispersal, parking areas, temporary signs, maintenance of traffic signs, stationing of crowd managers, officers, or flag persons, temporary detours to be utilized by the public, and ii. All temporary construction or structures such as stages, booths, water and toilet facilities, etc. c. Placement and location of maintenance of traffic signs shall be in accordance with the Federal Manual on Uniform Traffic Control Devices, as amended, and FDOT's Roadway and Traffic Design standard plans. d. Number of certified crowd control managers. Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application. -The olmnpina Q. Processing of Application Gempleted appliGatffiGR PaGl(et aGG9MPaRi@d with the required fee, the applicant will preGessgad AcGempanying that response ..ill he a reGeiptfiar the r r,t Kral rho trarLiR mber (i.e., XX20 2nnnnn) assigned to the .,etiti.,n This petits.,., %Faking .,ether ;hnulad he ...,teal a, All fiItYre GGFrPSPGAGleRGe r -.raliAgthe petition Notice ^I^ r tiGu ;°required. 160 1 Page Revised: 2/17/2023 Packet Pg. 657 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 1. Mailed Notice: None required, unless it is an event that requires the temporary use of the right-of-way of any arterial or collector roadway of which necessitates closing all or part of the County right -of way between the hours of 7:00 AM through 9:00 AM or 3:30 PM through 6:30 PM. written notice shall be sent 30 days prior to the day of the event, to property owners, neighborhood associations and business associations within one -quarter mile (2,640 feet) of the County Right -of -Way impacted by the event. 2. Newspaper Advertisement: For the temporary use of right-of-way, a legal advertisement shall be published at least 30 days before the Hearing Examiner or BCC public hearing date in a newspaper of general circulation. The advertisement shall include at a minimum: a. Clear explanation of the temporary event's purpose, use of right -of- way and affect upon the right-of-way between the actual hours of event operations. b. Date, time, and location of the public hearing. C. 2 in. x 3 in. map of the event's location. Public Hearing The Hearing Examiner or BCC shall hold at least 1 advertised public hearing for an Event in County Right -of -Way. Decision Maker For events that do not require a public hearing, tThe County Manager or designee-, otherwise the BCC or Hearing Examiner. Review Process The oiaRR;Rg & 7=GRiRg n,,papt.,. eRt Operations and Regulatory Management Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC &4bsection 5.04.05 A . The temporary use permit may be approved prior to or simultaneously with the submission of a building permit application, if applicable. Updated 2023-XX 161 1 Revised: 2/17/2023 Packet Pg. 658 1O.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures J.7. Temporary Uses during Construction Reference LDC section 5.04.01, 5.04.03 and nr 10.02.06 F. Applicability This procedure applies to a request for a Temporary Use permit during the construction of any development for which at least a preliminary development order has been granted. Pre -Application A pre -application meeting is not required. Initiation The applicant files a 'Temporary Use Permit -Construction and Development" application with the Plan.,., & ZGRiRg n,,paFt.,- eRt Operations and Regulatory Management Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent/authorization of owner. 3. A currentvalid Business Tax Receipt in the case of a temporary sale, when required by F.S. § 25-905.13 et seq. 4. Property information, including; • a. Development/Subdivision; b. Developer; • c. Address of subject site; and • d. Site development plan number. S. Description of proposed uses. 6. Duration of use. 7. Hours of operation. 8. Impact of proposed use on adjacent properties. 9. Proposed temporary structures require the submittal of a conceptual site plan. Ga See Chapter 4 1.1 of the Administrative Code. Completeness and G*See Chapter 1 D.5 for the acceptance and processing ofan application. The Planning Q. Processing of Application Ar that FeS199Rse ,all be a Fer=eilatfeFthe aAd the pFeeessed. g PayMeRt traskinsnpmber(+2., XX20 290000) - ed +., the et4i.,. This tFaGkiRg petitieR ni-mber sh. -ld be r.. tRd ., all fil+i-r., G .,.J. RGe r aFdi gthe pets Notice No notice is required. Public Hearing No public hearing is required. 162 1 Page Revised: 2/17/2023 Packet Pg. 659 10.A. b Text underlined is new text to bead cled Text,strikethFo gh is ..4M.4tA hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Decision Maker The County Manager or designee. Review Process The Planning & Zoning Department Operations and Regulatory Management Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.03. Updated The temporary use permit may be approved priorto or simultaneously with the submission of a building permit application, if applicable. 163 1 Page Revised: 2/17/2023 Packet Pg. 660 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� K. Zoning Certificate U Reference LDC su4section 10.02.06 B.1.f. L Applicability 1. A Zoning Certificate providesa statement of compliance with the LDC for proposed Mn uses. E 2. A Zoning Certificate is required prior to: Q • a. Applying for a business license, for residential and non-residential; m • b. Prior to occupying land or a building space. This includes subdivided t building, such as a strip mall; and • c. Prior to conducting business in all zoning districts. Q. E 0 U 3. It is recommended to obtain a Zoning Certificate prior to any building remodels. Pre -Application A pre -application meeting is not required. 0 W N Initiation The applicant files one of the following applications with the P'aRR; g and 704k^^ Operations and Regulatory Management Division: • a. "Land Use and Zoning Certificate -Home Business," or c +° • b. "Land Use and Zoning Certificate -Non -Residential". 0 C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application An application for a Non -Residential Zoning Certificate must include the following: Contents for Non- 1. Applicant contact information. Residential 2. Business and use information, including: • a. Name; • b. Phone number; • c. Address; • d. Owner or qualifiers name; • e. Property owner or leasing agent name; • f. Type of business or use; • g_ Complex name, if applicable; • h. Type and name of business previously or presently occupying location; and • i_ The length of time the property has been vacant, if applicable. 3. Building use information, including: • a. Proposed building use, including the square footage devoted to the use; = b. A brief description of the building (e.g., single -occupant building, shopping center, office or business center); 164 1 Page Revised: 2/17/2023 Packet Pg. 661 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • c. Total building floor area; and • d. Number of parking spaces for the building, and the number available for the proposed use. Application An application for a Home Business Zoning Certificate must include the following: Contents for a 1. Applicant contact information. Home Business 2. Business name, phone number, and address. 3. A brief description of the type of business or use. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process After the application is complete, the PI@RR*Rg Q• ZeRing PepartmeRt Operations and Regulatory Management Division will review and evaluate the application and will issue or deny the Zoning Certificate based on the provisions of the LDC. Updated 165 1 Page Revised: 2/17/2023 Packet Pg. 662 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures L. Zoning Verification Letters L.1. Zoning Verification Letter - Generally Reference LDC &u4section 10.02.06 J. Applicability A Zoning Verification Letter may be used to verify: 1. The zoning of the property accordingto the Collier County Zoning Map; 2. Future Land Use according to the Collier County Growth Management Plan. The letter may provide additional information about the subject property if the applicant requests it. This includes: 1. Permitted uses and development standards applicable to the property underthe LDC; 2. Zoning of the adjacent properties; 3. Confirmation of any Site Development or Improvement Plans approved for the property; 4. Confirmation of any Variances or Conditional Uses approved for the property; 5. The nonconforming status of the property (whether the lot is "buildable") will be provided if specifically requested; and 6. Additional zoning information may be provided, subject to the availability of information, and may be specifically requested. Pre -Application A pre -application meeting is not required. Initiation The applicant files a "Zoning Verification Letter: General Verifications and Fence Finished Side Out a ^fin" application with the Planning& Zoning Pepartmen Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiatina an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Address of subject site; and • b. Property identification number. 3. Type of verification being requested. 4. Additional materials may be requested, such as the original or amended site plan and/or survey. 5. If verification as to nonconforming status is requested, a copy of the Property Appraiser's Card shall be submitted with the application. This copy may be obtained from the Collier County Property Appraiser's Main Office located at 3950 Radio Rd., or by calling 239-252-8141. 6. Information on building permits must be obtained through the Growth Management Records Room at 239-252-5740 2400. 166 1 Page a� 0 U a� E Q m a� t a� Q. E 0 U 0 m v N Revised: 2/17/2023 Packet Pg. 663 10.A.b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 7. Information on Code Enforcement cases/violations must be obtained through the Code Enforcement Department Division at 239-252-2440. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Planning& Zoning Department Division will review the application, identify whether additional materials are needed, and prepare Zoning Verification Letter forthe applicant. Updated 167 1 Page Revised: 2/17/2023 Packet Pg. 664 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.44.. hRd..1..4..r1 Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures L.2. Zoning Verification Letter - Non-residential Farm Building Reference LDC &ubsection 10.02.06 J.1_b. , Code of Laws and Ordinances Chapter 62, and F.S. § 823.14 and F.S. § 553.73(10)(c) Applicability A Zoning Verification Letter may be used to establish that a non-residential farm building and/or fence is exempt from the Florida Building Code. Pre -Application A pre -application meeting is not required. Initiation The applicant files a "Zoning Verification Letter: Non -Residential Farm Building APplfsatiGR" application with the Pia• Zoning Depart^T.eRt Division. C*See Chanter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Property identification number; and • b. Address of subject site. 3. Description of the existing/proposed use of the property. 4. Description of the proposed use for non-residential farm building. 5. A surveyor sketch, dawn -to -scale plan showing the building, property boundaries and dimensions and existing easements or rights -of -way, location of water bodies or jurisdictional wetlands. 6. Location of the existing and proposed buildings, identifying the separation distances between buildings and the setbacks to the proposed non-residential farm building. 7. Compliance with the Collier County Floodplain Management Ordinance standards, as may be amended from time to time, including but not limited to the proposed elevation of the lowest floor. 8. Floodplain Development permit. 9. Under Construction and Finished Construction Elevation Certificate, except manufactured homes are not required to provide an Under Construction Elevation Certificate. 10. Proof of Bona Fide Farm Operation: • a. Farm Serial Number assigned by USDA Farm Services; or • b. Documentation that the building has an Agricultural Exemption through the Collier County Appraiser's Office; or • c. Description and any supporting documentation to confirm that the property is a Bona Fide Farm Operation, as defined by FS § 823.14; 11. Additional materials may be requested by the staff planner if necessary. 168 1 Page Revised: 2/17/2023 Packet Pg. 665 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures r,,mpleteRess and Processing.,4 petitien is being proGessed. AGcompanyin iat response will be a PeGeiptfor the payment Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process ThePlaRRiRg m Zoning DepaFtMeRt Division, in coordination with the Floodplain Coordinator, will reviewthe application, identify whether additional materials are needed, prepare a Zoning Verification Letter for the applicant. Updated 169 1 Page Revised: 2/17/2023 Packet Pg. 666 10.A.b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures L.3. Zoning Verification Letter - Fence Finished Side Out Waiver Reference LDC&60asection 5.03.02 F.S.a. and 10.02.06J. Applicability A zoning verification letter may be used to waive the requirement that fences, and walls are to be constructed to present the finished side to the adjoining lot or any abutting road right-of-way. Pre -application A pre -application meeting is not required. Initiation The applicant files a "Zoning Verification Letter (ZLTR)_— GsperW4, General Verifications and Fence Finished Side Out" application with the Zoning Division. G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents q See Chapter 4 L.1 of the Administrative Code- Zoning Verification Letter — Generally" application content requirements. Notice No notice is required. Public Hearing No Public Hearing is required. Decision Maker The County Manager or designee. Review Process The PlaRRiRg & Zoning Department Division will review the application, identify whether additional materials are needed and prepare the Zoning Verification Letter based on the criteria in LDC s4=4section 5.03.02 F.5.a. Updated 170 1 Page Revised: 2/17/2023 Packet Pg. 667 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures M. Stormwater Plan Reference LDC &u4section 6.05.03. Applicability This process applies to single-family dwellings, two-family dwellings, and duplexes that meet the applicability criteria established in LDC section 6.05.03. This process may also be used to demonstrate compliance with Collier County Code of Laws and Ordinances section 90-41(f)(8) as described in LDC section 6.05.03 G. Pre -application A pre -application meeting is not required. Initiation The applicant submits a Type I or Type II Stormwater Plan as part of the Building Permit application or when required by the Code Enforcement Board or Special Magistrate to demonstrate compliance with Collier County Code of Laws and Ordinances section 90- 41(f)(8). Application Submittal Credentials: A Type I Stormwater Plan, as described below, shall be prepared by Contents a Florida registered design professional, licensed contractor, or owner builder. A Type II Stormwater Plan, as described below, shall be prepared by a professional engineer licensed in the state of Florida. The name and contact information of the person who prepared the drainage plan shall be included on the document. Type I and Type II Stormwater Plan applications must include the following: 1. Applicant contact information. 2. Property information, including: • a. Address of the subject property; • b. Zoning of the subject property; and • c. Description of the proposed activity. 3. The Stormwater Plan shall demonstrate the following: • a. Property boundaries; • b. Lot area; • c. Finished floor elevation of the subject property, as needed; • d. Elevation of adjacent properties at the property line and representative elevations of the subject site throughout the impacted area, as needed; • e. Location and area of all surfaces that preventthe percolation or absorption of water into the ground on the site; • f. Septic system location and dimensions, if applicable; • g_ Location of existing topographical features, such as, watercourses, drainage ditches, lakes, marshes, if applicable; • h. Proposed drainage directional arrows; • i_ Location and type of all drainage infrastructure, if applicable; • L Square feet of retention or detention areas, if applicable; 171 1 Page a� 0 U a� L T) .9 E Q m a� t a� L Q E 0 U 0 m v N Revised: 2/17/2023 Packet Pg. 668 10.A.b Text underlined is new text to bead ded Ti...+ 8#ri1O;eth FGWgh inn eAtte ttA h...Pl..l..+...d Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • k. Depth of retention or detention areas in inches, if applicable; • I_ Cross -sections illustrating proposed grading and drainage infrastructure, including but not limited to: berms, walls, swales, pipes, gutters and downspouts, or other drainage facilities as needed to demonstrate compliance with LDC section 6.05.03; and • m. Elevation of the wet season water table in the impacted area if detention or retention is proposed; In addition to the appliGation Stormwater Plan contents above, Type II Stormwater Plans must include an engineer's analysis that demonstrates the following: • a. Water quantity calculations required in LDC section 6.05.03 D.2; • b. A matrix of all required separation distances between wells, drainfield systems, and stormwater retention/detention areas. The matrix may be included as a part of the site plan or on a separate engineer's report; and • c. The wet season water table elevation. 4. Any additional information related to the subject site, impervious areas, or drainage requested by the County Manager or designee. Completeness and G*See Chapter 1 D.5 for the acceptance and processing ofan application. The Pi@^^i^g & Processing of Application AGGGMPaRYiRg that response will be a reGeipt for the and the preGessed. payment traGking-Rumber (i.e., XX29 7nnnnn) assigned to the This +.-along petitiGn petiti.,.. mi-mbpr ;hn,,Id be nntp.d en all f -ti-re cerrespendeRGe r ar.dir.gthe Notice peti+io.n No notice is required. Public Hearing No public hearing required. Decision Maker The County Manager or designee. Review Process The Stormwater Plan will be reviewed by the Planning & Z=GR ^^ Development Review Division as a part of the Building Permit application or a code enforcement case. Updated The Stormwater Plans are processed in conjunction with a Building Permit application or in orderto address a code enforcement case. 172 1 Page Revised: 2/17/2023 Packet Pg. 669 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures N. Intent to Convert Application for Golf Course Conversions Reference LDC sections 5.05.15, and LDC Public Notice section 10.03.06 W. Ga See Chapter S.F for Stakeholder Outreach Meetings for Golf Course Conversions. Applicability This process applies to applicants see king to convert constructed golf course to a non- golf course use. Approval of this application is required prior to submitting a conversion application (rezone, PUD, SRAA or Compatibility Design Review petition). This application is not required for golf courses zoned Golf Course and Recreational Uses (GC) seeking another use as provided for in LDC section 2.03.09 A. Pre -Application A pre -application meeting is required. Initiation The applicant files an "Intent to Convert" application with the PlanningZoning Division. C�>See Chapter 1 D. for additional information regarding the procedural steps for initiating a� U L N .r- E Q L Q' E 0 U CD an application. W N Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. N 3. Name of project. N M N 4. The name and mailing address of all registered propertyowners' associations that r- could be affected by the application. N 5. Disclosure of ownership and interest information. a U 6. The date the subject property was acquired or leased (including the term of the U lease). If the applicant has an option to buy, indicate the dates of the option, date the °) option starts and terminates, and anticipated closing date. Q. 7. A title opinion or title commitment that identifies the current owner of the property m and all encumbrances against the property. o U 8. Boundary survey (no more than six months old). 0 9. Property information, including: W r N • a. Legal description; • b. Property identification number; Q • c. Section, township, and range; a� > • d. Addressof the subjectsite and general location; .y aa) t d • e. Size of property in feet and acres; and a E • f. Zoning district. U 10. If the propertyowner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: E t • a. Legal description; U 173 1 Page Revised: 2/17/2023 Packet Pg. 670 10.A. b Text underlined is new text to bead ded TextstrikethFo ghis ..4M.44.. bRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures a� • b. Property identification number; G U • c. Section, township and range; and am >_ :r • d. Subdivision, unit, lot and block, or metes and bounds description. N 11. Zoning information, including adjacent zoning and land use. 12. Existing PUD Ordinance, SRA Development Document, Site Development Plan, or Plat. Q 13. An exhibit identifying the following: m > • a. Any golf course acreage that was utilized to meet the minimum open space requirements for any previously approved project; Q. • b. Existing preserve areas; p U • c. Sporadic vegetation less than % acre, including planted areas, that meet c criteria established in LDC section 3.05.07 A.4; and W m v N • d. A matrix demonstrating the following as required in LDC section 5.05.15 ca G.3: }, c a i_ For conventionally zoned districts: N a) County approved preserve acreage; and N c b) Any sporadic vegetation acreage used to meet the M preserve requirementfor the conversion project. Nr- r e ii. For PUDs: N U a) County approved preserve acreage; and v b) Any County approved preserve acreage in excess of the PUD required preserve acreage that is used to meet the preserve requirementfor the conversion project. 14. Stormwater management requirements as required by LDC section 5.05.15 GA. 15. Floodplain compensation, if required by LDC section 3.07.02. 16. Soil and/or groundwater sampling results, if available, as described in LDC sections 3.08.00 AAA and 5.05.15 G.6. 17. List of deviations requested, as described in LDC sections S.05.15 C.4.a-b. The specific LDC sections for which the deviations are sought shall be identified. The list of deviations shall be shared with stakeholders at the SOM or NIM. 18. Electronic copies of all documents. Application In addition to the application contents above, the following must also be submitted with Contents Required the Intent to Convert application and used during SOM presentations: for Presentations at SOMs 1. The Developer's Alternatives Statement as described in LDC section 5.05.15 C, including: • a. A narrative clearly describingthe goals and objectives forthe conversion project. 174 1 Page Revised: 2/17/2023 Packet Pg. 671 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.4tA bRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures • b. No Conversion Alternative: A narrative describing the timeline of correspondence between the applicant and the property owners' associations relating to the applicant's examination of opportunities to retain all or part of the golf course as described in LDC section 5.05.15 C.2.b.i, and copies of such correspondence. It shall be noted in the narrative whether a final decision has been made about this alternative or whether discussions with the property owners' associations are ongoing. • c. County Purchase Alternative: A narrative describing the timeline of correspondence between the applicant and the County to determine if there is interest to retain all or portions of the property for public use as described in LDC section 5.05.15 C.2.b.ii, and copies of such correspondence. It shall be noted in the narrative whether a final decision has been made about this alternative or whether discussions with the County are ongoing. • d. Conceptual Development Plan Alternative: A conceptual development plan consistent with LDC section 5.05.15 C.2.b.iii, and as described in the following section. 2. The conceptual development plan shall include all information described in LDC section 5.05.15 C.2.b.iii, and the following: • a. An Access Management Exhibit, identifying the location and dimension of existing and proposed access points and legal access to the site. • b. A dimensional standards table for each type of land use proposed within the plan. e i_ Dimensional standards shall be based upon the established zoning district, or that which most closely resembles the development strategy, particularly the type, density, and intensity of each proposed land use. e ii. For PUDs: Any proposed deviations from dimensional standards of the established zoning district, or of the most similar zoning district, shall be clearly identified. Provide a narrative describing the justifications for any proposed deviations that are not prohibited by LDC section 5.05.15 C.4. • c. A plan providing the proposed location and design of the greenway (this may be included on the conceptual development plan): e i_ Greenway Design: A plan providing the proposed location and design of the greenway and illustrating the following (including any alternative designs as described in LDC section 5.05.15 G.2.a): J The proposed location of passive recreational uses; b Existing and proposed lakes, including lake area calculations; 1 Preserve areas; 175 1 Revised: 2/17/2023 Packet Pg. 672 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures } d) Any structures or trails related to passive recreational uses; Greenway widths demonstrating a minimum average width of 100 feet and no less than 75 feet shall be identified every 100 feet; 1 Locations of existing trees and understory (shrubs and groundcover) shall be located on the plan in accordance with LDC section 5.05.15 G.2.e; • gj A matrix identified on the plan shall demonstrate tree counts used to calculate the ratio described in LDC section 5.05.15 G.2.e; and W Location of any proposed wall or fence pursuant to LDC section 5.05.15 G.2.f. • d. A narrative describing how the applicant proposes to offset or minimize impacts of the golf course conversion on stakeholders' real property and provide for compatibility with existing surrounding land uses. Identify the compatibility measures on the conceptual development plan. 3. A narrative statement describing how the greenway will meet the purpose as described in LDC section 5.05.15 G.2 to retain open space views for stakeholders, support passive recreational uses, and support existing wildlife habitat. 4. A narrative statement describing the public outreach methods proposed for the SOMs, consistent with Administrative Code Chapter 8.F. 5. Web -based survey, including the following: • a. A copy of the web -based survey; • b. The user-friendlywebsite address where the surveywill be available; and • c. The dates the survey will be available. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. A#er Sl lbrAO«iO Processing of Application preGessed.AGGempanyiRg that response ..ill he a reGeiptfer the r. Rt aAd the rhpi-O J he Reted AR all future G nden regardiRgthe petitien Notice for the After the Intent to Convert application has been submitted, notice is required to inform Intent to Convert stakeholders of a forthcoming golf course conversion application. However, no mailing is Application required if the applicant chooses to withdraw the Intent to Convert application. q See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: For the purposes of this mailed notice, written notice shall be sent to property owners located within 1,000 feet from the prope rty line of the golf course. The notice shall be sent after the Intent to Convert application has been reviewed and 176 1 Page Revised: 2/17/2023 Packet Pg. 673 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures deemed satisfactory by staff to proceed to the mailed notice and SOMs, and at least 20 days prior to the first SOM. The mailed notice shall include the following: • a. Explanation of the intention to convert the golf course. • b. Indication that there will be at least two advertised SOMs and one web - based visual survey to solicit input from stakeholders on the proposed project. The date, time, and location of the SOMs does not need to be included in this mailing. • c. 2 in. x 3 in. map of the project location. • d. Applicant contact information. 2. Sign: (see format below) Posted after the Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and SOMs, and at least 20 days before the first SOM. The sign shall remain posted until all SOMs are complete. For the purposes of this section, signage, measuring 16 square feet, shall clearly indicate an applicant is petitioning the county to convert the golf course to a non -golf use (e.g. residential). A user-friendly website address shall be provided on the signs directing interested parties to visit Collier County's website to access materials for the SOM and the web -based visual survey. The sign shall remain posted for 7 days after the last required SOM. The location of the signage shall be consistent with Chapter 8 of the Administrative Code. Notice of application for intent to convert [golf course name] to [brief description of the project]. To access materials for the Stakeholder Outreach Meeting and participate in the web -based visual survey, visit [user- friendly URL]. Public Hearing No public hearing is required for the Intent to Convert application. Public hearings will be required for subsequent conversion applications. Decision Maker The County Manager or designee. Review Process The Zoning Division will review the Intent to Convert application and identify whether additional materials are needed. Updated 2021-143 177 1 Page Revised: 2/17/2023 Packet Pg. 674 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures O. Boat Lift Canopy - Administrative Review Reference LDC section 5.03.06 G. Applicability A boat lift canopy application is required for a coveringthat is applied to a boat lift over a legally permitted dock facility. Pre -Application A pre -application meeting is not required. Initiation The applicant files a "Boat Lift CanopyApplication" with the Development Review Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The Boat Lift Canopy application must include the following: Contents 1. Applicant contact information. 2. Property information, including: a. Property identification number; b. Section, township, and range; c. Subdivision, unit, lot and block; and d. Address of subject site. 3. Current zoning and land use of subject property. 4. Survey, signed and sealed showing an existing, permitted, dock facility. 5. Canopy Detail showing all dimensions. 6. Sample of the fabric for color review. 7. Addressing checklist. Notice No notice is required. Public Hearing No hearing is required. Decision Maker The County Manager or designee may approve. Review Process The Development Review Division will review the application, identify whether additional materials are needed, and prepare a letter of determination utilizing the criteria identified in LDC section 5.03.06 G. Updated 178 1 Page Revised: 2/17/2023 Packet Pg. 675 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures P. Landscape Plans Reference LDC sections 4.06.00, 10.02.03, and 10.02.14. Applicability Landscape plans are required for any development application that proposes new required landscaping or proposes to modify the existing required landscaping. Pre -Application A pre -application meeting may be required as a component of the submittal of the Site Development Plan (SDP), Site Improvement Plan (SIP), Subdivision Construction Plans and Plat Application (PPL) process, or any insubstantial change or amendment thereof. Initiation The applicant submits landscape plans to the Development Review Division as a component of a site development or subdivision application. Application Submittal Credentials: Pursuant to LDC section 10.02.03 DA, landscape drawings shall be Contents signed and sealed by a licensed landscape architect registered in the State of Florida. The landscape plan must be consistent with the site development plans and contain the following, as applicable: 1. North arrow, bar scale, and title information. 2. Labeled roadways, canals, and surrounding land uses. 3. The location of all property lines. 4. The location of all proposed and existing buildings. S. The location of all easements and utility lines. 6. The location of access points, internal streets, and parking areas. 7. The configuration of pedestrian, vehicular, and bike circulation. 8. The location of light poles and the required separation from trees. 9. Adjacent outparcels, shopping center, or subdivisions, as applicable. 10. The location of permanent vegetation protection devices, such as barricades, curbing, and tree wells. 11. Landscape legend. A landscape legend in matrix form which shall include: a. Graphic Symbol to indicate each type of plant material; b. Botanical name; c. Common name; d. Total number of each type of plant material; e. Height and spread of each type of plant material; f. Spacing of each type of plant material; R. Native status; h. Drought tolerance rating; and L Type of mulch. 179 1 Revised: 2/17/2023 Packet Pg. 676 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures 12. The location and dimension of all proposed landscaped areas, with appropriate graphic symbols, including existing trees that are being credited toward the development's landscaping requirements. 13. The location and configuration of all special or textured paving areas. 14. The location of the interior vehicular use area landscaping. 15 The location and width of perimeter landscape buffers. 16. The location of terminal landscape islands. 17. The location of building perimeter landscaping. 18. Required details, such as tree staking and shrub planting, per accepted industry practices and standards. 19. Specify Florida #1 or better plant material. 20. Landscaping calculations forvehicular use areas, perimeter buffers, and building foundation areas. 21. On a separate plan sheet, attached to the landscape plan, the following elements shall be provided as part of the irrigation plan: a. Location of existing vegetation; b. Location of existing and proposed buildings, and other site improvements; c. Location of parking spaces, aisles, and driveways; d. Location of the water main, valve, and pump; e. Pipe sizes and specifications; f. Location of controller and specifications; g. Location of backflow preventer, rain -sensing devices, a typical sprinkler zone plan indicating type specification, spacing, and coverage; and h. If drip irrigation or soaker hoses are proposed, their layout shall be shown. Notice No notice is reauired. Public Hearing No public hearing is reauired. Decision maker The County Manager or designee. Review Process The Landscape Plans will be reviewed by the Development Review Division, utilizing the County's Native Tree and Plant list, as part of the Site Development Plan (SDP), Site Improvement Plan (SIP), Subdivision Construction Plans and Plat (PPL) application, or any insubstantial change or amendment thereof. Collier County's Native Tree and Plant list is available to download as an Adobe PDF file on the County's website at https://www.colliercountyfl.gov/home/showdocument?id=80940 Updated Revised: 2/17/2023 Packet Pg. 677 10.A. b Text underlined is new text to bead cled Text,.4.ikethFo gh is RttG)4tA hR d..1..4..,E Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures Q. Non -Residential Boat Dock Construction Reference LDC sections 5.03.06 H, and 5.03.061.3. Applicability An evaluation of a non-residential dock construction is required in conjunction with a site development plan submittal when protrusions for non-residential dock facilities are beyond specified limits established in LDC section 5.03.06 E. Pre -Application A pre -application meeting is not required. Initiation The applicant submits an "Evaluation of Non -Residential Dock Construction in Coniunction with Site Development Plan" with the Development Review Division as part of the Site Development Plan application for compliance with LDC section 5.03.06. Application The submittal must include the following: Contents 1. Applicant/Agent contact information. 2. Property information, including: a. Property identification number; b. Section, township, and range; c. Subdivision, unit, lot and block; and. e. Address of subject site. 3. Site information, including: a. Waterwav width and where the measurement came from: b. Total property water frontage; c. Measurement of provided and required setbacks; d. Total protrusion of proposed facility into water; e. Number and length of vessels to use facility; and f. Additional dock facilities in close proximity of subiect property and the total rotrusion of each into the waterway. 4. Narrative description of the proiect. S. Signed and sealed survev depicting mean high water (MHW) and mean low water (MLW), and relevant water depths (no less than 5 foot increments). 6. Pursuant to LDC section 5.03.06 I, a submerged resources survey, as applicable. 7. A chart, drawn to scale, of the waterway at the site, depicting the waterway width, the Proximity of the proposed facility to any adjacent navigable channel, the proximity of the Proposed facility to docks, if any, on the adjacent lots, and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank. 8. Site Plan illustrating the following: a. Lot dimensions; b. Required setbacks for the dock facility; 181 1 Page Revised: 2/17/2023 Packet Pg. 678 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter4 / Administrative Procedures c. Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment): d. Configuration, location, and dimensions of existing and proposed facility: e. Water depth where proposed dock facility is to be located: f. Distance of the navigable channel: g. Illustration of the contour of the property: and h. Illustration of dock facility from both an aerial and side view. 9. Narrative response to listed criteria/questions. 10. For multi -slip dock facilities with 10 or more slips, proof of a Manatee Protection Plan (MPP) was submitted or the County has issued a MPP consistency determination. 11. Signed and notarized affidavit by property owner or agent. 12. Electronic copy of all documents. Notice None. Public Hearing None. Decision Maker County Manager or his designee. Review Process The Development Review Division will review the submittal. identitv whether additional materials are needed, and prepare a letter of determination utilizing the criteria identified in LDC section 5.03.06 H. Updated 182 1 Revised: 2/17/2023 Packet Pg. 679 1O.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures a� 0 U Chapter S. Subdivision Procedures ; L The following applications and approvals listed in this Chapterare for subdivision procedures. T .0 E A. Lot Split a a� Reference LDC s64section 4.03.04 9 C. N t Applicability This ;A;^ procedure applies to the division of a lot, parcel, or lot of record into no more a) than two parcels. This applies to all unplatted or platted lots of record in any subdivision, Q' E and to all lots in the Estates zoning district. This procedure does not apply to Lot Line 0 U Adjustments or to lots of record combined for tax purposes alone. 0 W NE) develepment a rde r @_ r development permit fer the preperty well be approved until the- v let split is Per=Ardpd v Pre -Application A pre -application meeting is not required. Initiation The applicant files an application for "Lot Split" with NaRRORg & ZORiRg De artrRe t the Development Review Division. G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Submittal Credentials: The survey shall be signed and sealed by a professional surveyor Contents and mapper registered to practice in the State of Florida. The application must include the following: 1. Applicant contact information. 2. Property information, including: • a. Legal description; • b. Property identification number; • c. Section, township and range; • d. Subdivision, unit, lot and block, or metes and bounds description; • e. Address of subject site and general location; • f. Area of existing lot in sq. ft.; • g_ Area of proposed lots in sq. ft.; and • h. Width of proposed lots calculated according to the LDC defined term for "lot measurement, width." 3. Property History Card, indicating the date the lot first appeared in the Property Appraiser's Records in its current configuration. 183 1 Page Revised: 2/17/2023 Packet Pg. 680 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures 4. Recorded warranty deed to show the current ownership from the Clerk of Courts. 5. A signed and sealed boundary survey showing existing and proposed lot dimensions, easements of record, and all structures on the subject property. 6. A drawing or survey showing location of proposed access, including the location of proposed access easements. 7. Addressing checklist. 8. Affidavit of Authorization. 9. Electronic copies of all documents. Completeness and c*See Chapter 1 D.5 for the acceptance and processing ofan application. The Engineering Processing of Application .,.d AG.-.,...r,a RYi ghat FeSp9RSe .,ill be @ reGeiptfeFthe P Rt R.dthe ...h.,r'hA-61.I d he r.,+.,.d A- -,II fFe GRGle Ree r ar.diRgthe pets+�., .. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engi eering cor„„ es Pepar%rn + Development Review Division will review the lot split application and will approve, approve with conditions, or denythe application based on the criteria established in LDC section 4.03.04 -9 C. Recording Within 12 months of approval. tThe applicant shall fifda record the approved lot split with the Property Appraiser Ar the Clerk of Courts ;4pd m,urecord it it in the Official Land Records of Collier County. The L,+ split sh-,II pet be effective ,, ,rll it is recerdpel Evidence of the approved lot split shall be provided to the PropertvAopraiser for their consideration and record -keepine. No development order or development permit for the propertvwill be approved until the lot split is recorded. A copy of the recorded documentshall be provided to the Growth Management Department. Updated 184 1 Page Revised: 2/17/2023 Packet Pg. 681 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures B. Lot Line Adjustment a� 0 Reference LDC &ubsection 4.03.04 A B. a� .�—. L Applicability A lot line adjustment between contiguous lots or parcels, which may be platted or u unplatted and under the same or separate ownership, may be requested to correct an E engineering or surveying error or to allow an insubstantial boundary change between E adjacent parcels. Q m Initiation The applicant files a "Lot Line Adjustment (LLA)"application with the 'U) Dep<.Ft!'Re^,t Development Review Division. y G*See Chapter 1 D. for additional information regarding the procedural steps for initiating t Q. an application. E 0 U Pre -Application A pre -application meeting is required unless waived by the County Manager or designee. Application The application must include the following: 0 Contents 1. Applicant contact information. v �a 2. Addressing checklist. ca 3. Property information, including: • a. Project name; to c • b. Legal description of each lot; N • c. Property identification number of each lot; r N • d. Section, township and range; d • e. Subdivision, unit, lot and block, or metes and bounds description; V • f. Address of subject site and general location; and • g. Zoning designations of each lot. 4. A narrative describing the reason for the lot line adjustment and proposed reconfiguration. 5. An affidavit by all property owners that they consent to the lot line adjustment and resulting lot formation. The affidavit shall include the number of existing and resulting lots and that the lot line adjustment complies with the criteria set out in LDC section 4.03.04. The affidavit shall be signed by all property owners and include the following attachments: • a. Drawings that clearly show the original and the proposed configuration of the lots involved including acreages; • b. Lot width before and after, calculated accordingto the LDC definition of "lot measurement, width"; • c. Lot width provided to depth equal to that of minimum required front yard; d. A table and drawing showing setbacks required bythe zoning district as they apply to the reconfigured lot; and 185 1 Page Revised: 2/17/2023 Packet Pg. 682 10.A. b Text underlined is new text to bead ded T.,..+..+.�I. i.+h.., ..h .. .,+M..+tA hR d..I..+.,.+ Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures • e. Copy of signed and sealed survey by a professional surveyor and mapper showing all structures on each lot or noted as "vacant." The existing and proposed setbacks shall be included on the survey. 6. A drawing or survey showing location of proposed access, including the location of proposed access easements. 7. Quitclaim Deed(s) or warranty deed (s). 8. Electronic copies of all documents. 9. Affidavit of Authorization. Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application. Thy 9Rg4ee Processing of Application o.J AGGempaRyiRg +ha+ FespeRse .,all be a F@Geiptf9F%h@ payment ;;Ad the .,-,ho.- he rl,+o.J 0—P RII fidtl-ro RdeRGe r ardiRgthe peti Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The ERgi Bering Services Director Development Review Division will approve, approve with conditions, or denythe lot line adjustment using the criteria in LDC &64section 4.03.04 A B. Recording Within 12 months of approval, t The applicant shall file the approved lot line adjustment affidavit, quitclaim deed(s) to complete the lot line adjustment, and exhibits with the Clerk of Courts, and record it in the Official Land Records of Collier County. The lot line adjustment shall not be effective until it is recorded. A copy of the recorded document shall be provided to the Growth Management Community Development Department. Updated 186 1 Page Revised: 2/17/2023 Packet Pg. 683 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures a� C. Preliminary Subdivision Plat (PSP) 0 a� C.1. Preliminary Subdivision Plat - Standard '- L Reference LDC section 10.02.04 A and other provisions of the LDC. E Applicability The preliminary subdivision plat (PSP) process is required for integrated phased Q developments, but is otherwise an optional procedure for subdivision development. If an > applicant chooses to submit a PSP, the applicant shall provide all of the submittal s= requirements. a� The PSP application shall be submitted for the entire propertyto be subdivided. Q. E 0 Pre -application A pre -application meeting is required. U Initiation The applicant files a "Preliminary Subdivision Plat Petition" with D aRRiRg & 7GR ^^ CD artme;,t the Development Review Division. N C*See Chapter 1 D. foradditional information regarding the procedural steps for initiating �a an application. +� Application The application must include the following: Contents # 1. Applicant contact information. PFeli . T Subdivirion nhfs 2. Addressing checklist. 3. Property information, including_ • a. Legal description; . b. General I +, and streets Address of subject site and general location; c. Metes and bounds description: • d. Section, township and range; • e. Size of plat in acres; • f. Number of lots and minimum lot size; a4;-d • g_ Name of development-i h. Zoning petition number (Rezone. Conditional Use. and Site Development Plan), if applicable: and L Source of utilities. 4. CurFeRt wing designatieR of subjeGt pFeper* . Cover letter explaining the project or proposed changes. 5. PUD Monitoring Schedule, if applicable. 6. Aerial photograph(s), taken within the previous 12 months at a minimum scale of 1 in. = 200 ft., illustrating existing conditions and any site improvements. 7. Environmental Data Requirements. C* See LDC section 3.08.00A. 8. Traffic Impact Study, if applicable. q See Chapter 78. of the Administrative Code. 187 1 Revised: 2/17/2023 Packet Pg. 684 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures 9. Original petition number (PUD name and ordinance, rezone, conditional use, site development plan, etc.), if applicable. 10. Owner/agent affidavit as to the correctness of the application. 11. Historical/Archeological Surveyor waiver, if applicable. 12. Conditional Use application, if applicable. 13. If conditions; substitutions are requested, pursuant to LDC section 10.02.04 A.S. justification based on sound engineering prinr=ipals principles and practices shall be provided for each ems* ^n substitution. 14. Generalized statement of subsurface conditions on the property, location, and results of tests made to ascertain subsurface soil conditions and groundwater depth. 15. If .,,,+ sh.,,.,., ^^ the plans, t The zoning classification of the tract and all contiguous properties. 16. For residential projects subject to the provisions of LDC section 10.04.09, a completed School Impact Analysis (SIA) application, location map and review fee. 17. Electronic copies of all documents. 18. Affidavit of Authorization. Requirements for Submittal Credentials: The preliminary subdivision plat shall be prepared by the Preliminary applicant's engineer and professional surveyor and mapper. The boundary survey shall be Subdivision Plat signed and sealed by a professional surveyor and mapper registered in the State of Florida. Sheet size: The preliminary subdivision plat shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. 1. A cover sheet, including a location map, showing the location of the tract in reference to other areas of the county with a north arrow, graphic scale, and date. 2. The name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated or unincorporated area of Collier County. 3. Boundary survey, with bearings and distances as a written description with a reference to section corners. 4. The location and names of adjacent subdivisions and plat book and page reference, if any. S. A land plan with the following information identified: • a. Location, dimensions, and purpose of all existing and proposed streets, alleys, property lines, easements, and rights -of -way of record; • b. Existing streets and alleys of record adjacent to the tract including name, right-of-way width, street or pavement width and established centerline elevation. Existing streets shall be dimensioned to the tract boundary; • c. Location of existing and proposed sidewalks and bike paths; Revised: 2/17/2023 Packet Pg. 685 10.A. b Text underlined is new text to bead cled GHFF6.,++e..+ +e he .1 ei e+ed Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures • d. Location of all existing and proposed utilities and related easements; • e. Location and purpose of existing drainage district facilities and their right-of-way requirements; • f. Location of existing and proposed watercourses, drainage ditches, bodies of water, marshes and wetlands; • g_ Location of existing possible archaeological sites and other significant features; • h. The proposed layout of the lots and blocks; • i_ The plan shall indicate whether the streets are to be public or private. Proposed street names shall be identified on all public and private thoroughfares; • L Location of proposed sites for parks, recreational areas, and school sites or the like, in accordance with any existing ordinances requiring such a dedication; • k. Location of buffer areas required by LDC section 4.06.01 shall be illustrated and the dimensions provided, if appropriate at this time; and • I_ Typical right-of-way and pavement cross sections shall be graphically illustrated on the plans and shall include but not be limited to the location of sidewalks, bike paths, and utilities. 6. Interconnectivity of local streets between developments shall be consistent with LDC section 6.06.01 B and GMP Objective 9. 7. Access Management Plan. All access provisions to the nearest public street(s) shall be identified, including all existing and proposed driveways. 8. Water Management Plan. The master water management plan shall outline the existing and proposed surface watercourses and their principal tributary drainage facilities needed for proper drainage, water management, and development of the subdivision. All existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided shall be identified on the plan. The Engineer's Report with Assumptions and Explanations signed and sealed by a Florida registered professional engineer shall include d8rainage data, assumed criteria, and hydraulic calculations, consistent with the criteria and design method established by the SFWMD in addition to the following information: ';hall he I de d n the Engineer'sReport. The plan and r nrt shall ipclu de the preliminary Gleoien Gall Wlatieno n.diGating the me+heal ef.draiRage it+in....,ate-F eleyatiens ghi..h .ater ele..-,+ieno the n e.d .design Ater eleyatieno dFaiRage strwrAw Fe-s ' r:aRFlo .di+r,he .d'elie .d ate . e+lan.do .d naRy ethe pertinent 6Afe -,+ie e FtainiRg +e the ..+rel of +erm ae.d a .,.J water A Ry a d.di+ieRal nfermo+ion ;-.hmi++e .d +e CCWMD shall also henyi.de.d with the Pl@Ro a. For all developments, the following Stormwater related information: L Completed calculations used to design the facilities, such as: road, water management systems, and all accessorvfacilities, public or private: Revised: 2/17/2023 Packet Pg. 686 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures ii. Drainage calculations, including 10-year 1-dav; 25-year 3-day; 100-year 3-day storm routings; iii. Detailed hydraulic grade line pipe design calculations utilized to design the stormwater management facilities forthe subdivision or development; and iv. Status of all other required permits including copiesof information and data submitted to the appropriate permitting agencies. b. If within Collier County Public Utilities Service Area, the Report must also contain the following: I. Estimated cost of utilities construction. Water and Sewer calculations; ii. Sewer Hydraulics; iii. Lift station hydraulics to first downstream master station; iv. Lift station buoyancy calculations; v. Chloramine Dissipation Report; and vi. Detailed hydraulic design calculations utilized to design water and sewer facilities regulated by the County. Lot configurations. Typical lot configurations shall be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. a. For fee -simple residential lots, the illustration shall portray the type of unit identified by LDC definition and developer's description to be placed on each lot (i.e., Lots 1-20, single-family attached (patio home), and show a typical unit on typical interior and corner lots, depicting setbacks (including preserve setbacks, if applicable) and/or separation of structures. In addition, for fee simple residential lots the illustration shall portray the location of typical units on atypical lots, such as cul-de-sac, hammerhead, and all irregular lots. b. For non-residential lots (i.e., multi -family amenity lots or parcels, commercial/industrial lots), the illustration shall portray setbacks and building envelope. Setbacks required by the approved zoning classification shall be provided verbatim on �th�e plan in matrix form. `^'here there 68 t;a2�^,--Gne type Gf.. welliRg uRit P'�c6ed (i.e., single _family .detached single- family attached zere lot lane) L,ts must be liHke d tG the type . types 9f ..it w ieh thpy are iRten d^.d to a date • c. A table shall be provided showing lot area and lot width for each irregular lot. Regular corner and interior lots may show only typical width and area. • d. Where there is more than one type of dwelling unit proposed (i.e., single-family detached, single-family attached, zero lot line), lots must be linked to the tvpe, or types of unit which they are intended to accommodate. 190 1 Revised: 2/17/2023 Packet Pg. 687 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures 10. Master utilities. Utilities such as telephone, power, water, sewer, gas, and the like, on or adjacent to the tract including existing or proposed water and sewage treatment plants. • a. The plans shall contain a statement that all utility servicesshall be available and have been coordinated with all required utilities. • b. Evidence of such utility availability shall be provided in writing from each utility proposed to service the subdivision. Completeness and G*See Chapter 1 D.5 for the acceptance and processing of an application. TheE4� Processing of Application Gempleted application pac;ket ac;Gempanied with the required fee, the applicant v.gill FeGeove a mailed Ar eleGtreRiE; respeRse nGtifying the applicant that the petitien is being traskinsnpmbed- (i.e., VYDI 7f1I �!1!1l1f1l11 d+ the petiti9R. This PetitiOR tFaGkiRg ni-mber ;hp --Id ho RAtP.d ., -,II f It -Po R de RGe r aFdi gtho .,tide, Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering corviGes De artm + Development Review Division will review the application, identify whether additional materials are needed and review the application based on the criteria in LDC &64section 10.02.04 A and other provisions of the LDC and shall approve, approve with conditions, or deny the preliminary subdivision plat. Updated 191 1 Page Revised: 2/17/2023 Packet Pg. 688 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures C.2. Preliminary Subdivision Plat Amendment (PSPA) Reference LDC &64section 10.02.04 AA and other provisions of the LDC. Applicability aRt + L nr subsectien 10 02 nn A n This process applies to an amendment to an approved preliminary subdivision plat. Initiation The applicant files an "Amendment to Preliminary Subdivision Plat (PSPA)" application with the Planning & Zoning Department Development Review Division. <*See Chapter 1 D. foradditional information regarding the procedural steps for initiating an application. Pre -Application A pre -application meeting is not required. Application A preliminary subdivision plat amendment application must include the following, in Contents and addition to the Application Contents and Requirements for Preliminary Subdivision Plan, Requirements for as applicable. Preliminary Subdivision Plat C*See Chapter 5 C.1 of the Administrative Code. Amendments Submittal Credentials: The preliminary subdivision plat amendment shall be prepared by the applicant's engineer and SigRed and sealed by a professional surveyor and mapper. ..stered in the State of FlArida, The boundary survevshall be signed and sealed by a Professional surveyor and mapper registered in the State of Florida. Sheet size: The preliminary subdivision plat amendment shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Name of development. 4. Amendment to PSP Number (original PSP number). S. Cover letter describing the proposed changes. 7 Revised plat-. 52 DI Ill NAQ.P.4orinn frhedulo if apphGahlo Completeness and C*See Chapter 1 D.5 for the acceptance and processing of an application. Thy E� Processing of Application Fec *Ve -a ma*led Ar E?!eGtPGR*G response notifying the applicant that the petition is being ...hr,r h., .,.,+. d A -,II f1141roGG_FrP_SPGRdeRE;e peti+ien Notice No notice is required. 192 1 Page Revised: 2/17/2023 Packet Pg. 689 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The ERg"ReeFiRg gepvirzes n,,.,-,FtFR + Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with LDC subsection 10.02.04 A.4 and shall approve, approve with conditions, or deny the amendment to the preliminary subdivision plat. Updated 193 1 Page Revised: 2/17/2023 Packet Pg. 690 10.A. b Text underlined is new text to bead ded T.,..+..+.�I. i.+h.., ..h .. .,+M..++.. hR d..I..+.,.+ Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures D. Construction Plans and Final Subdivision Plat (PPL) a� 0 D.1. Construction Plans and Final Subdivision Plat - Standard a� >- L Reference LDC sections 10.02.04 B and 10.02.04 C and other provisions of the LDC. E Applicability The procedure applies to Construction Plans and Final Subdivision Plats (PPL) which is a Q required process prior to development and recording of a subdivision where m improvements are required. N G� See Chapter 5 F. of the Administrative Code to submit a Minor Final Plat (FP) — when t improvements are not required. a� Q. E Ga See Chapter 5 E. of the Administrative Code to submit Construction Plans (CNSTR) — U when there are only improvements and no platting or recording is required. 0 Pre -Application A pre -application meeting is required for a Construction Plans and Final Subdivision Plat m Iq Meeting application. The following information is beneficial to bring for discussion at the pre- N application meeting: 'E Written and mapped information describing: 1. A brief description of the land subject to the application and existing conditions. 2. Existing and proposed zoning classifications. 3. The proposed development — include the property subject to the application and any future phases. 4. Existing covenants or restrictions. S. Location of utility facilities, public facilities, and anticipated utility sources. 6. Water retention areas. 7. Public areas. 8. General soil characteristics. 9. Proposed number of parcels, lots, or tracts. 10. Typical lot or other parcel configuration. 11. Current aerial photograph with a clear film overlay with the proposed subdivision configuration superimposed on the aerial photograph. Aerials and overlay information must be legible at the scale provided. 12. Any other information needed to prepare and review of the application. 13. A map, at a scale of at least 1 in. =200 ft., identifying the following: • a. Location of the subject property and identification of adjacent lands; • b. Approximate acreage; • c. Date of map; • d. North arrow and scale; 194 1 Page Revised: 2/17/2023 Packet Pg. 691 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures • e. Natural features such as native habitat identified by vegetative cover a� o and depicted in aerial imagery; low or swampy areas; water bodies, streams, a) m lakes, canals or the like; :r • f. Streets and layout of all adjoining streets; N • g_ General lot and block layout; 'E • h. Zoning classification of the property subject to the application and Q adjacent properties; > • i_ Location of existing improvements; and y • L Any other significant features. t a� Q. Initiation The applicant files a "Subdivision Construction Plans and Plat Application" withPlaRRiRg er• p ZQRiRg nor„-+. eRt Development Review Division. U Pursuant to LDC s4lasection 10.02.04 B.6, site development plans may be submitted for 0 W review once the first review comments of the construction plans and final subdivision plat N are posted. No site development plans may be approved until the final subdivision plat is approved by the County Manager or designee. CgSee Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents #e 1. Applicant contact information. and Final 2. Addressing checklist. m-hdivigien Plats 3. Property information, including: Legal deSGFiptiGR; • a. Zoning district; • b. Property identification number; • c. Project name; • d. Section, township and range; • e. Subdivision, unit, lot and block; and • f. General location and cross streets. 4. Zoning designation of subject property. 5. PUD Monitoring Schedule and Report, if applicable. 6. Digital file of conditional use or PUD application, if applicable. 7. Cover letter explaining the project. 8. PUD Ordinance and Development Commitment Information, as applicable. g, n,.,ReF/n, eRt n ff„d@Vit @Ad Evide.,,.,, f n„+h Fity Affidavit of Authorization. 10. Opinion of title. 195 1 Page Revised: 2/17/2023 Packet Pg. 692 10.A. b Text underlined is new text to bead cled T.,..+..4.�I. i.+h.., ..h .. .,+M.4tA hRd..I..+.,.4 Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures a� 11. Letter of intent as to the timeline for construction and platting. o U 12. Home Owner Association documents, if applicable. m :r 13. An aerial photograph. All information must be legible at the scale provided. rn 14. Certificate of Public Facility Adequacy application. E 15. Fire Flow test. Q 16. Zoning Data Sheet, including: • a. Name of Plat (and PUD, if applicable); a� t • b. Development Standards per LDC or PUD; Q. • c. Overall subdivision layout; E 0 U • d. Table showing lot area and lot width for regular, interior and irregular lots; 0 v • e. Density, as allowed by zoning district; • f. For Residential lots: f° c e L Type of unit identified by LDC definition and description of f° what is permitted on each lot; 0 e ii. Drawing of typical unit or typical interior and corner lots, showing setbacks, including preserve setbacks) and separation from N structures; and r- r e iii. Lot layout and setbacks, particularly for the unique lots. N U d • g_ For Non -Residential lots: U e i_ Identification of setbacks and building envelopes. 17. Historical/Archeological Surveyor waiver, if applicable. 18. Environmental Data Require ments.G*See LDCs6q4section 3.08.00A. 19. Traffic Impact Study. gSee Chapter 7 B. of the Administrative Code. 20. School Impact Analysis, for residential projects only. 21. Information and data relating to previous zoning actions affecting the project site. 22. Utility letters of availability and plat easement approval letter for utility easements, if applicable. 23. Engineer's Repor%; Glud; ^: The Engineer's Report with Assumptions and Explanations signed and sealed by a Florida registered professional engineer shall include the following: 196 1 Page Revised: 2/17/2023 Packet Pg. 693 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures e.d .- farili+ies regulated Gee_+eGhRiGal F eFty.i+h ;Ail he.-iRg by the G .,+.. F ults; and sealed by the applicant's ERgieeeriRg Review GheeLlist Se.d refessional Engineeri Engineers Qpieien of Gest; and probable submitted to the a +e a mi++iRg a. For all developments, the following Stormwater related information: L Completed calculations used to design the facilities, such as: road, water management systems, and all accessoryfacilities. public or private: ii. Drainage calculations, including 10-year 1-day: 25-year 3-day: 100-year 3-day storm routings: iii. Detailed hydraulic grade line pipe design calculations utilized to design the stormwater management facilities forthe subdivision or development: and iv. Status of all other reauired permits including copiesof information and data submitted to the appropriate permitting agencies. b. If within Collier Countv Public Utilities Service Area. the Report must also contain the following: L Estimated cost of utilities construction, Water and Sewer calculations: ii. Sewer Hydraulics: iii. Lift station hydraulics to first downstream master station: iv. Lift station buoyancy calculations; v. Chloramine Dissipation Report; and vi. Detailed hydraulic design calculations utilized to design water and sewer facilities regulated by the County. 24. Vegetation Removal and Site Filling permit (VRSFP), if requested. • a. Provide separate acreage calculations for each phase of clearing requested; • b. If clearing or filling lots and building sites, with or without stockpiling, a separate VRSFP application shall be submitted, pursuant to LDC&604section 4.06.04.A.2; and • c. A site clearing plan. <*See Requirements for Construction Plans for more information. 75A.d.di+iee;;l .slang inGlu deal ie +he ;A';tr Gti9n plans .sacker- C+.-ee+60h+ elaRS e.d @A d by a efe«i9RaI engineer 16GPR-e.d +e PFaC+iGe OR the C+-,+e of CIAFi.da e.- the Utility a ,i.der• 197 1 Page Revised: 2/17/2023 Packet Pg. 694 10.A.b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures 25. Property Ownership Disclosure Form. 26. Permits: All Federal, State and local permits, including but not limited to the following, shall be submitted prior to construction and before the pre -construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State and local agency permits at the pre -construction meeting. • a. SFWMD Permit, Permit Modification, or waiver, including staff report exhibits; • b. DEP utility installation permits, water/sewer; and • c. US Army rG.^ Corps of Engineers permit and exhibit, if applicable. 27. Electronic copies of all documents. Requirements for Submittal Credentials: The construction plans shall be signed and sealed by the Construction Plans applicant's professional engineer licensed to practice in the State of Florida. Sheet size: The construction plans shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. The following are required to identify and provide on the construction plans: 1. A cover sheet, including a location map, showing the location of the tract in reference to other areas of the county. The map shall include a north arrow, graphic scale, and date. 2. Construction plans with specifications detailing/showing: • a. Complete configurations of all required improvements including, but not limited to, all water, sewer, roads, water management systems, and all appurtenant facilities, public or private; • b. Complete calculations used to design these facilities shall be included with the plans; and • c. If the development is phased, each phase boundary shall be clearly delineated. 3. Soil Erosion and Sediment Control Plan. Ca See Chapter 7 D. of the Administrative Code. 4. Additional plans included in the construction plans packet: a. Streetlight plans signed and sealed by a professional engineer licensed to practice in the State of Florida or the utility provider; and 198 1 Page Revised: 2/17/2023 Packet Pg. 695 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures b. Landscape plans. C*See Chapter 4.P of the Administrative Code for Landscape Plan submittals. 5. Preserve Management Plan, including a Native Vegetation Retention/Mitigation Plan, if requested by applicant. 6. Boundary and topographic survey, less than six months old. 7. Site Clearing Plan, including a vegetation inventory. • Areas where improvements are to be constructed with a maximum limit of 10 feet beyond any approved rights -of -way line or 5 feet beyond any easement line. 8. Design sections, i.e., cross sections of roads, lakes, berms, and lots. 9. Construction details showing compliance with applicable federal, state, and local standards. 10. For required improvements which will be constructed within an existing easement, the existing easement and facilities and the proposed easement and facilities shall be illustrated. • The applicant shall provide copies of the plans to the holder of the easement(s) simultaneously with its submission of the application to the county. 11. Plan and profile sheets, showing roads, water, sewer, conflict crossings, drainage, utilities, sidewalks, bike paths, and any unique situations. 12. Benchmark, based on NOAA datum NAVD (both NAVD and NGVD). 13. Locations of test borings of the subsurface condition of the tract to be developed. 14. The construction plans and attachments shall address special conditions pertaining to the subdivision in note form on the construction plans, including statements indicating: • a. Compliance with federal, state, and local standards as currently adopted; • b. Source of water and sewer service; and • c. Required installation of subsurface construction such as water lines, sewer lines, public utilities and storm drainage priorto compaction of subgrade and roadway construction. Requirements for Submittal Credentials: The water management plans and specifications in reportform Water shall be signed and sealed by the applicant's professional engineer licensed to practice in Management for the State of Florida The Water Management plans and specifications shall include, but not Construction Plans be limited to, the following: 1. A topographic map of the land development related to b4at4 NAVD and N&ID with sufficient spot elevations to accurately delineate the site topography, prepared by a professional surveyor. The i.,f.,rmatieR R; , he sh,,wn refe.-eAcRel to I d-.wim w0th w4e AA the cAver sheet listiAg a site speGifiG equatien for determining the grades in tho nthp.r ,.at--- , 199 1 Page Revised: 2/17/2023 Packet Pg. 696 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures 2. A drainage map of the entire basins within which the development or subdivision lies. This map may be combined with the above topographic data in a manner acceptable to the County Manager or designee. All ridges lying within the basins and the area of the basins stated in acres, of all the existing and proposed drainage areas shall be shown and related to corresponding points of flow concentration. 3. Flow paths shall be indicated throughout including final outfalls from the development and basins, existing water elevations, all connected and isolated wetlands, recurring high water elevations, proposed design water elevations, and other related hydrologic data. 4. Drainage data, assumed criteria and hydraulic calculations, consistent with the criteria and design method established by the SFWMD. This includes routings for the 10-vr, 25-yr and 100 -yr storm events. 5. Pipe sizing calculations forthe site. 6. Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, roads and curbs, and other proposed development construction. 7. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for existing roads. Where additional ditches, canals or other watercourses are required to accommodate contributory surface waters, sufficient right-of-way shall be provided by the developer or subdivider to accommodate these and future needs. 8. For projects that require a construction permit to be issued by the SFWMD, work shall not commence until the applicant has provided the County Manager or designee a copy of the permit ^F , ^*able "early weFk" permit. 9. The master drainage plan shall include the drainage plans and details for all lots. The master drainage plan shall show proposed finished grade elevations at all lot corners and breaks in grade. The engineer shall state on the water management calculations the basis for wet season water table selection. 10. Construction plans for all subdivisions, site development plans site development ^la^ ampRelpAppt; and S4e ; Rt ^i,^S shall include a general note stating that all off -site drainage improvements associated with the current phase of development, including perimeter berms, swales, stormwater outfall systems and on -site perimeter swales shall be completed and operational prior to commencement of construction of on -site improvement. • a. This requirement shall be established at the mandatory pre -construction ^nf rPncP meeting. Failure to comply with completion of the required offsite improvements will result in a stop work order being issued until such time as the project is brought into compliance with this requirement; and b. The Engineer of record prior to final acceptance shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. Requirements for Submittal Credentials: The final subdivision plat shall be signed and sealed by a Final Subdivision professional surveyor and mapper registered in the State of Florida. Plats 200 1 Revised: 2/17/2023 Packet Pg. 697 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures Sheet size: The final subdivision plat shall be submitted on standard size 24-inch by 36- inch sheets of mylar or other approved material in conformance with F.S. Ch. 177, drawn to scale. The final subdivision plat shall include at a minimum the following requirements: 1. The final plat shall be prepared in accordance with the provisions of F.S. Chapter 177, as may be amended. 2. The plat shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100 feet. 3. Name of subdivision. The plat shall have a title or name acceptable to the County Manager or designee. When the plat is a new subdivision, the name of the subdivision shall not duplicate or be phonetically similar to the name of any existing subdivision. When the plat is an additional unit or section by the same developer or successor in title to a recorded subdivision, it shall carrythe same name as the existing subdivision and as necessary a sequential numeric or alphabetic symbol to denote and identify the new plat from the original plat. if the Aame of the si ibdivis ipA a geReeai A note shall be added to the plat cover sheet which identifies the zoning action name and ordinance number which approved such action. 4. Title. The plat shall have a title printed in bold legible letters on each sheet containing the name of the subdivision. The subtitle shall include the name of the county and state; the section, township and range as applicable or if in a land grant, so stated; and if the plat is a replat, amendment or addition to an existing subdivision, it shall include the words "section," "unit," "replat," "amendment," or the like. S. Description. There shall be lettered or printed upon the plat a full and detailed description of the land embraced in the plat. The description shall show the section, township and range in which the lands are situated or if a land grant, so stated, and shall be so complete that from it without reference to the map the starting point can be determined and the boundaries identified. 6. Index. The plat shall contain a sheet index on page 1, showing the entire subdivision on the sheet indexing the area shown on each succeeding sheet and each sheet shall contain an index delineating that portion of the subdivision shown on that sheet in relation to the entire subdivision. When more than 1 sheet shall be used to accurately portray the lands subdivided, each sheet shall show the particular number of that sheet and the total number of sheets included as well as clearly labeled match lines to each sheet. 7. Survey data. The final plat shall comply with F.S. Ch. 177, and shall show the length of all arestogether with central angles, radii, chord bearing, chord length and points of curvature. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-of-way, easement, required conservation or preserve area and all other like or similar areas shown on the plat or within the boundary of the plat as shown in the description. The survey data contained on the plat shall also include: • a. The cover sheet or first page of the plat shall show a location plan, showing the subdivision's location in reference to other areas of the county; 201 1 Revised: 2/17/2023 Packet Pg. 698 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures • b. The scale, both stated and graphically illustrated, on each graphic sheet; • c. A north arrow shall be drawn on each sheet that shows the geometric layout and the configuration of the propertyto be platted. The north direction shall be at the top or left margin of the map where practicable; • d. The minimum size for any letter or numeral shall be 1/10 inch; • e. The points of beginning and the commencement shall be boldly shown for any metes and bounds description; • f. All intersecting street right-of-way lines shall be joined by a curve with a minimum radius of 25 feet; • g_ All adjoining property shall be identified by a subdivision title, plat book and page or if unplatted, the land shall be so designated; • h. Permanent reference monuments shall be shown in the manner prescribed by F.S. Ch. 177, as amended, and shall be installed prior to recording of the final plat; • L There shall be reserved a space in the upper right-hand corner of each sheet for the words "Plat Book —_" and "Page -----____—_" with the minimum letter size of % inch. On the line directly below, a space for "Sheet of " ---------------------' • L The map shall mathematically close and when practical shall be tied to all section, township and range lines occurringwithin the subdivision by distance and bearing where applicable; and • k. All line and curve tables are to be shown on the same sheet as the graphic drawing they relate to. When possible, dimensions shall be shown directly on the map. 8. Lot and block identification. Each lot, block, or other like or similar parcel, however described, shall be numbered or lettered. All lots shall be numbered or lettered by progressive numbers or letters individually throughout the subdivision or progressively numbered or lettered in each block, not necessarily starting with the number "1" or letter "A." Parcels and blocks in each incremental plat shall be numbered or lettered consecutively throughout a subdivision. 9. Protected/Preserve easements. All parcels which constitute a protected/preserve area shall be labeled as an easement or tract. All protected/preserve area easements or tracts shall be dedicated on the final subdivision plat to Collier County without the responsibility for maintenance and to a property owners' association or similar entity with maintenance responsibilities. 10. Street names. The plat shall contain the name of each street shown on the plat in conformance with the design requirements of this section. 11. Utilities. The construction plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and the proposed facilities. • Copies of the construction plans shall be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. 202 1 Revised: 2/17/2023 Packet Pg. 699 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures 12. Outparcels. All interior excepted parcels shall be clearly indicated and labeled "Not a Part of this Plat." 13. Rights -of -way and easements. All right-of-way and easement widths and dimensions shall be shown on the plat. All lots must have frontage on a public or private right-of- way in conformance with the LDC. Exceptions to lot frontage requirements are identified in LDC section 4.03.04. 14. Restrictions, reservations, and restrictive covenants. Restrictions pertaining to the type and use of water supply, type and use of sanitary facilities; use, responsibility of maintenance and benefits of water or water management areas, canals, preserve and conservation areas, and other open spaces; odd -shaped and substandard parcels; restrictions controlling building lines; establishment and maintenance of buffer strips and walls; and restrictions of similar nature shall require the establishment of restrictive covenants and the existence of such covenants shall be noted on the plat by reference to official record book and page numbers in the public records of Collier County. Documents pertaining to restrictive covenants shall be submitted with the final plat. 15. Location. The name of the section, township, range, and if applicable city, town, village, county and state in which the land being platted is situated shall appear under the name of the plat on each sheet. If the subdivision platted is a resubdivision of a part or the whole of a previously recorded subdivision, the fact of its being a resubdivision shall be stated as a subtitle following the name of the subdivision wherever it appears on the plat. 16. Basis of bearings. The basis of bearings must be clearly stated, i.e., whether to "True North," "Grid North" as established by the National Oceanic Society (NOS), "Assumed North," etc., and must be based on a well-defined line. 17. Existing or recorded streets. The plat shall show the name, location, and width of all existing or recorded streets intersecting or contiguous to the boundary of the plat, accurately tied to the boundary of the plat by bearings and distances. 18. Private streets and related facilities. All streets and their related facilities designed to serve more than 1 propertyowner shall be dedicated to the public use; however private streets shall be permitted within property under single ownership or control of a property Home Owners' Association a condominium or cooperative association or other like or similar entity. Where private streets are permitted, ownership and maintenance association documents shall be submitted with the final plat and the dedication contained on the plat shall clearly dedicate the roads and maintenance responsibility to the association without responsibility to the county or any other public agency. The rights -of -way and related facilities shall be identified as tracts for roads and other purposes under specific ownership. All private streets shall be constructed in the same manner as public streets and the submission of construction plans with required information shall apply equally to private streets. 19. Preserve Setbacks. The required preserve principal structure setback line and the accessory structure setback lines shall be clearly indicated and labeled on the final plat where applicable. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right- of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be 203 1 Revised: 2/17/2023 Packet Pg. 700 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the ggrowth aaManagement igElan. gSee LDCsection 6.01.02 forfurther information. 20. Certification and approvals. The plat shall contain, exceptas otherwise allowed below, on the first page (unless otherwise approved by the IiRgiReeFiRg cor";GoS; n��+or County Manager or Designee and office of the county attorney prior to submittal) the following certifications and approvals, acknowledged if required by law, all being in substantially the form set forth in Appendix C to the LDC. The geometric layout and configuration of the propertyto be platted shall not be shown on the page(s) containing the certifications, approvals and other textual data associated with the plat when practical. a. Dedications. The purpose of all dedicated or reserved areas shown on the plat shall be defined in the dedication on the plat. All areas dedicated for use by the residents of the subdivision shall be so designated and all areas dedicated for public use, such as parks, rights -of -way, easements for drainage and conservation purposes and any other area, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. Such dedication and the responsibility for their maintenance shall require a separate acceptance by resolution of the Board of County Commissioners. No dedication items shall be included in the general note for the plat; b. Mortgagee's consent and approval. Identification of all mortgages and appropriate recording information together with all mortgagees' consents and approvals of the dedication shall be required on all plats where mortgages encumberthe land to be platted. The signature(s) of the mortgagee or mortgagees, as the case may be, must be witnessed and the execution must be acknowledged in the same manner as deedsare required to be witnessed and acknowledged. In case the mortgagee is a corporation, the consent and approval shall be signed on behalf of the corporation by the president, vice-president or chief executive officer. At the applicant's option, mortgagee's consents do not have to be included on the plat to be recorded, so long as they are provided as fully executed and acknowledged separate instruments along with the plat recording submittal; c. Certification of surveyor.The plat shall contain the signature, registration number and official seal of the land surveyor, certifying that the plat was prepared under his responsible direction and supervision and that the survey data compiled and shown on the plat complies with all of the requirements of F.S. ch. 177, part I, as amended. The certification shall also state that permanent reference monuments (P.R.M.), have been set in compliance with F.S. chapter 177, part I, as amended, and this section, and that permanent control points (P.C.P.$) and lot corners will be set under the direction and supervision of the surveyor prior to final acceptance of required improvements. Upon installation of the P.C.P.s, the surveyor must submit to the County Manager or designee written certification that the installation work has been properly completed. When required improvements have been completed prior to the recording ofa plat, the certification shall state the P.C.P.s and lot corners have been set in compliance with the laws of the State of Florida and ordinances of Collier 204 1 Revised: 2/17/2023 Packet Pg. 701 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures County. When plats are recorded and improvements are to be accomplished under performance security posted as provided for by this section, the required improvements and performance guarantee shall include P.C.P.s; • d. Surveyor's seal. The surveyor of record shall sign and seal copies of the plat submitted for approval; • e. Signature blockfor county attorney. The plat shall contain the approval and signature block for the county attorney; • f. Signature blockfor Board of County Commissioners and clerk of circuit court. The plat shall contain the approval and signature blockfor the Board of County Commissioners and the acknowledgement and signature block of the clerk of circuit court; • g_ Evidence of title. Atitle certification or opinion of title complying with section 177.041, F.S., must be submitted with the plat. The evidence of title provided must state or describe: (1) that the lands as described and shown on the plat are in the name, and record title is held by the person, persons or organization executingthe dedication, (2) that all taxes due and payable at the time of final plat recording have been paid on said lands, (3) all mortgages on the land and indicate the official record book and page number of each mortgage. The evidence of title may, at the applicant's discretion, be included on the first page of the plat, so long as the information required by section 177.041, F.S., and this paragraph is clearly stated, an effective date is provided, and the statement is properly signed; and • h. Instrument prepared by. The name, street and mailing address of the natural person who prepared the plat shall be shown on each sheet. The name and address shall be in statement form consisting of the words, "This instrument was prepared by (name), (address)." Completeness and G*See Chapter 1 D.5 for the acceptance and processing ofan application. The Engineeripig Processing of . Application andl Vh.p t acking R 1.t Rbe (i.e., XX2-01280090) ass+gRed to the-petttigR. his-pet+t+eR Notice No notice is required. Public Hearing The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC. Review Process The ERgiReeFiRg Services Departm + Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with LDC sections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Once submitted for review, the construction plans and final subdivision plat application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application will be 205 1 Page Revised: 2/17/2023 Packet Pg. 702 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or denythe final subdivision plat. Pre -Construction A pre -construction meeting shall be scheduled with the Engineering Servir=es Departm + Meeting Development Review Division prior to the commencement of construction. All Pederal^I, State and IeGal shall be submitted n GF W G nc+ri ir+ieA and before the permits pre uh..,i+ Fe deral State @R d !eG@l ageRGy peFmits at the p no+rC4W AM q See Chapter 1 D.9 for additional information regarding the pre -construction meeting requirements. Re -submittal of Upon re -submittal of construction plans and final subdivision plat, the engineer shall Construction Plans identify all revisions to the construction plans by lettering or numbering; the surveyor and Final shall identify all revisions to the plat by highlighting the current revisions. The applicant Subdivision Plats shall also provide a written response to the county's comments, responding to each comment individually. Digital Submittal After the construction plans and final subdivision plat has been approved by the County Requirements Manager or designee for compliance, the applicant shall submit the following: 1. The applicant's professional engineer shall submit a digitally created construction/site plan documents; and 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL, edge -of -pave me nt— EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions— Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiring such permits. Recording Process The final subdivision plat shall be recorded pursuant to LDC &wbsection 10.02.04 F. G*See Chapter 5 G. of the Administrative Code_ Updated Revised: 2/17/2023 11. Packet Pg. 703 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures D. 2 Construction Plans and Final Subdivision Plat Amendment (PPLA) Reference LDC section 10.02.04 B and other provisions of the LDC. Applicability This process applies to amendments to a Board approved Construction Plans and Final Subdivision Plat, but prior to the recordation. Initiation The applicant files a "Subdivision Construction Plans and Plat Amendment (PPLA)" application with the Development Review Division. Ca See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Pre -Application A pre -application meeting is required. Application A Construction Plans and Final Subdivision Plat Amendment application must include the Contents and following, in addition to the Application Contents and Requirements for Construction Requirements for Plans and Final Subdivision Plat, as applicable. G*See Chapter 5 D.1 of the Administrative Construction Plans Code. and Final The application must include the following: Subdivision Plat Amendments 1. Applicant contact information. 2. Addressing checklist. 3. Name of development. 4. Amendment to PPL Number (original PPL number). 5. Cover letter describing the proposed changes. Notice No notice is required. Public Hearing The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC. Review Process The Development Review Division will review the application, identify whether additional materials are needed and reviewthe application for compliance with LDC sections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Once submitted for review. the construction Dlans and final subdivision Dlat amendment application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or denythe final subdivision plat. Pre -Construction Apre -construction meeting shall be scheduled with the Development Review Division Meeting priorto the commencement of construction. g See Chapter 1 D.9 for additional information reaardina the pre -construction meeting requirements. 207 1 Revised: 2/17/2023 Packet Pg. 704 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures Re -submittal of Upon re -submittal of construction plans and final subdivision plat, the engineer shall Construction Plans identify all revisions to the construction plans by lettering or numbering: the surveyor and Final shall identify all revisions to the plat by highlighting the current revisions. The applicant Subdivision Plat shall also provide a written response to the county's comments, responding to each Amendments comment individually. Digital Submittal After the construction plans and final subdivision plat has been approved by the County Requirements Manager or designee for compliance, the applicant shall submit the following: 1. The applicant's professional engineer shall submit a digitally created construction/site plan documents: and 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units: as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format: information lavers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement— EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information laver, with all linework pertaining to the property feature located on that laver. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel laver. Annotations pertaining to property information shall be on a unique laver. Example: lot dimensions— Lottxt laver. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project reauiring such permits. Recording Process The final subdivision plat shall be recorded pursuant to LDC section 10.02.04 F. gSee Chapter 5 G. of the Administrative Code Updated m Revised: 2/17/2023 Packet Pg. 705 10.A. b Text underlined is new text to bead cled T.,..+..+.�I. i.+h.., ..h .. .,+M..++.. hR d..I..+.,.+ Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures D.2. 3. Final Subdivision Plat- For Townhouse Fee Simple Development Reference LDC &ubsections 10.02.04.E and 10.02.04 C and other provisions of the LDC. Applicability For final subdivision plat incorporating a townhouse development on fee simple lots, the additional application contents identified below shall be provided with the final subdivision plat application. Pre -Application A pre -application meeting is required. Initiation The applicant files a "Subdivision Construction Plans and Plat Application" with Planning E ;4GA;Ag no.,ar+mo + Development Review Division. Pursuant to LDC &4A4section 10.02.04 B.6, site development plans may be submitted for review once the first review comments of the construction plans and final subdivision plat are posted. No site development plans may be approved until the final subdivision plat is approved by the County Manager or designee. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application A Townhouse Fee Simple Development application must include the following, in addition Contents to the Application Contents and Requirements for construction plans and final subdivision plat. Ga See Chapter 5 D.1 of the Administrative Code. Submittal Credentials: The construction plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. The final subdivision plat shall be prepared by a professional surveyor and mapper registered in the State of Florida. The landscape plans shall be signed and sealed by a landscape architect registered in the State of Florida. Sheet size: The construction plans and final subdivision plat shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. 1. A coversheetwhich includes: a a. Applicant contact information; a b. The name of the development; a c. The zoning district; a d. PUD Ordinance and Development Commitment information; a e. Legal description of the subject property, both prior tapd of+or hd,A; and a f. A location map, showing the location of the tract in reference to other areas of the county. The map shall include a north arrow, graphic scale, and date. 2. LaRGIssape-plans„ s+gRed andseald^ ^Eser ^Sewith LDC sect+en 10.W 14. 3. Traffic ImpaG% C+iidy -0- a ('hrvn+or 7nf+ho Arlmin is+rn+ism Go& 209 1 Page Revised: 2/17/2023 Packet Pg. 706 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures 4. Per r ci.lertial r emits subject to the previsionsof I DC 1;errit4n 10.04.09, .,lore J SGIheel Impact ARalysis (SIA) pliGatien leGatie., m Rd FPUiPWfoe - 2. The following information in table format: • a. Total site acreage; • b. Total square footage of impervious area, including all parking areas, drive aisles, internal streets, and the percentage of impervious area of the total site area; • c. Total number of units, units per acre, and a unit breakdown by square footage and number of bedrooms, as well as minimum/maximum (as applicable) floor area required and floor area proposed; • d. All required and provided setbacks and separations between principal and accessory structures; • e. Maximum building height allowed by zoning district and height proposed; • f. Zoning and land use of the subject propertyand adjacent properties, including properties abutting an adjacent right-of-way or right-of-way easement; • g_ A parking summary, showing number of spaces required, and number of spaces provided; and • h. Preserve area required and provided;, 6 3. A Site Plan illustrating the following: • a. Name and alignment of existing/proposed rights -of -way of all streets borderingthe development; • b. Name and alignment of existing/proposed rights -of -way forall internal streets and alleys; • c. Location of all existing driveways or access points of the opposite sides of all streets borderingthe development; • d. Location of all traffic calming devices; • e. Location and configuration of all development ingress and egress points; • f. Location and arrangements of all proposed principal and accessory structures; • g_ Directional movement of internal vehicular traffic and its separation from pedestrian traffic; • h. Location of emergency access lanes, fire hydrants and fire lanes; • i_ Location of all handicapped parking spaces; • L Location of trash enclosures or compactors, if applicable; • k. Location and proposed heights of proposed walls or fences; • I_ Location of sidewalks and pathways designed in accordance with LDC section 6.06.02; 210 1 Revised: 2/17/2023 Packet Pg. 707 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures m. Location of residential off-street parking in accordance with LDC section 4.05.04 D.1; • n. Location of all required preserves with area in square feet; and • o. Any additional relevant information as may be required by the County Manager or designee. 4. Property Ownership Disclosure form. Completeness and G*See Chapter 1 D.5 for the acceptance and processing of an application. The P!aRR;Rg 4. Processing of . Application and the trading-p6iF;;beF (i.e., XX2-912C) ^�ass+gRed to the-pet+t+eR. his pet+t+eR Notice No notice is required. Public Hearing The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC. Review Process The Engineering ServiGes Depar+mom^+ Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with LDC &60asections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Once submitted for review, the townhouse construction plans and final subdivision plat application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application review will be considered withdrawn and cancelled. Further review of the projectwill require a new application together with appropriate fees. The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or denythe final subdivision plat. Pre -Construction A pre -construction meeting shall be scheduled with the Engineering cgryiGes Depar+n,gn+ Meeting Development Review Division prior to the commencement of construction. All Pederal See Chapter 1 D.9 for additional information regarding the pre -construction meeting requirements. Digital Submittal After the final subdivision plat has been approved by the County Manager or designee for Requirements compliance the applicant shall submit the following: 1. The applicant's professional engineer shall submit a digitally created construction/site plan documents; and 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American 211 1 Page Revised: 2/17/2023 Packet Pg. 708 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions—Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiringsuch permits. Recording Process The Townhouse Construction Plans and Final Subdivision Plats shall be recorded pursuant to LDC s44section 10.02.04 F. gSee Chapter 5 G. of the Administrative Code. Updated 212 1 Revised: 2/17/2023 Packet Pg. 709 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures a� E. Construction Plans (CNSTR) 0 a� E.1. Construction Plans - Standard L Reference LDC &ubsection 10.02.04 E. E Applicability This procedure appliesto construction improvements which do not require platting or Q recordation of land. Pre -application A pre -application meeting is required. a� L Initiation The applicant files an "Application for Construction Plans (CNSTR)" with the Planning C ;ZGning Department Development Review Division. O U CD C*See Chapter 1 D. foradditional information regarding the procedural steps for initiating an application. N Application The application must include the following: 2 Contents 5 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • a. Legal description; • b. Property identification number; • c. Section, township and range; • d. Subdivision, unit, lot and block; • e. Project name; and • f. General location. 4. Cover letter, briefly describing the project. 5. Streetlight plans, signed and sealed by a professional Engineer, licensed to practice in the State of Florida. 6. Landscape plans. gSee Chapter 4.P of the Administrative Code for Landscape Plan submittals. 7. Professional engineer's report. 8. Construction Plans. 9. Professional engineer's opinion of the probable construction c^_s*s Ar CAptract bed Vie. 10. Electronic copies of all documents. Requirements for G*See Chapter 5 D.1 - Construction Plans and Final Subdivision Plat section of the Construction Plans Administrative Code for the construction plans and water management plan requirements. 213 1 Page Revised: 2/17/2023 Packet Pg. 710 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures Submittal Credentials: The construction plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. The landscape plans shall be signed and sealed by a landscape architect registered in the State of Florida. The streetlight plans shall be signed and sealed by an irrigation designer or landscape architect registered in the State of Florida. Sheet size: The construction plans shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. Completeness and gSee Chapter 1 D.5 for the acceptance and orocessina of an application. The Engineeripg Processing of Application tpaGWng number (i.e., XX2017!1llf 09) a @d +., the peti+i.,., This P@t4i.,., +raGkiRg ..mhr.r rhould be .,r.+od OR -,II fi141rr. ..rlr RGe r ardingthe peti Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The FRgiReeFiRg SeFViror Pep@FtM + Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with LDC &6dasection 10.02.04 E and shall approve or deny the application Once submitted for review, the construction plans application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. Pre -Construction A pre -construction meeting shall be scheduled with the Engineering Ser„ iron Departm r Meeting Development Review Division prior to the commencement of construction. All Pederal^I, State, @Rd ieGal permits shall be submitted prier te E;eRstrurtie P and befere the pre 1hi+ Corlo AI State nrl I., -,I ageRGY i+ premr -,++he r+r r+i r, ..w.FAP_e_4R04- <*See Chapter 1 D.9 for additional information regarding the pre -construction meeting requirements. Digital Submittal Requirements ^li@Rr=, the a pliant Shall r61h., 4 +h., f9llr,..,iRg. following h..he ��„�� Following approval by the County Manager or designee, the applicant shall submit the `' following: Manager or designee 1. The applicant's professional Engineer shall submit a digitally created construction/site plan documents; and 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be 214 1 Page Revised: 2/17/2023 Packet Pg. 711 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge -of-pavement—EOP, etc.) For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions—Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiringsuch permits. Updated 215 1 Revised: 2/17/2023 Packet Pg. 712 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures E.2. Insubstantial Change to Construction Plans (ICP) Reference LDC &u4sections 10.02.04 B.5 and 10.02.05 A.5 Applicability Approved construction plans may request minor or insubstantial changes due to site inspections and/or unexpected conditions that warrant changes to the plans. All changes must be noted on the record drawings. No changes to the final subdivision plat are permitted. Pre -application A pre -application meeting is required unless waived by the County Manager or designee Initiation The applicant files an "Application for Insubstantial Change to Construction Plans" with the Planning & Zoning Department Development Review Division. <*See Chapter 1 D. foradditional information regarding the procedural steps for initiating an application. Application Submittal Credentials: Construction plans for all of the improvements required shall be Contents signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. Sheet size: The construction plans shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Project information, including: • a. Assigned Planner; • b. Project name; • c. Original cn122/5112 CNSTR/PPL number; and • d. Section, township and range. 4. Determination (i.e. email correspondence) from the County Manager or designee that confirms the following; • P proposed revisions to PPL, or CNSTR, WR Ar SIR L; are consistent with the insubstantial change criteria; and 5. Cover letter describing in detail the requested changes and identification of the sheet number and the plans affected by the requested change. The cover sheet shall be signed and sealed and include the following information: 216 1 Page Revised: 2/17/2023 Packet Pg. 713 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures a� + a. Project Title; o V am • b. Reference the project is an Insubstantial Change for PPL, or CNSTR, CAD :r er UP; >� • c. Zoning Designation; • d. Vicinity map clearly identifying the location of the development; and m • e. Property information, including: a� t a� a i_ Legal description; and E 0 e ii. Property identification number. U 0 6. The Engineer's Report with Assumptions and Explanations signed and sealed by a Florida registered professional engineer shall include the following: a. For all developments, the following Stormwater related information: i. Completed calculations used to design the facilities, such as: road, water management systems, and all accessorvfacilities, public or private: ii. Drainage calculations, including 10-year 1-dav; 25-year 3-day: 100-year 3-day storm routings; iii. Detailed hydraulic grade line pipe design calculations utilized to design the stormwater management facilities forthe subdivision or development; and iv. Status of all other required permits including copiesof information and data submitted to the appropriate permitting agencies. b. If within Collier County Public Utilities Service Area, the Report must also contain the following: I. Estimated cost of utilities construction. Water and Sewer calculations: ii. Sewer Hydraulics; iii. Lift station hydraulics to first downstream master station; iv. Lift station buoyancy calculations; v. Chloramine Dissipation Report; and vi. Detailed hydraulic design calculations utilized to design water and sewer facilities regulated by the County. 217 1 Revised: 2/17/2023 Packet Pg. 714 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application. Thy EpgJ4� Processing of Application tFaGkiR rnher (i.e., XX20920000 ) aSSigRed to the peti+i.,., This peti+iGR +raGkiRg .,-,hor rhoidl J be AQUQd OR @II fi-461ro GQFPPSPQRd@RGe r ardingthe Petition Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering corviGes Departm r Development Review Division will review the application and identify whether additional materials are needed and review the application for compliance with LDC sections 10.02.04 and 10.02.05 and any other applicable LDC sections. Once submitted for review, the insubstantial change application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. Pre -Construction A pre -construction meeting shall have occurred with the Engineering Services Departm Meeting Development Review Division prior to the initial commencement of construction. Updated g See Chapter 1 D.9 for additional information regarding the pre -construction meeting requirements. 218 1 Page Revised: 2/17/2023 Packet Pg. 715 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures F. Minor Final Subdivision Plat (FP) a� 0 a� Reference LDC &ubsection 10.02.04 D. .�—. L Applicability This procedure appliesto a minor final subdivision plat. A minor final subdivision plat n generally does not require improvements, a construction maintenance agreement, a security performance bond, or phasing. E Q Pre -application A pre -application meeting is required unless waived by the County Manager or designee. > Initiation The applicant files a "Minor Subdivision Plat Application" with the NaRRi^^ & 79R'^^ PepaFMcRt Development Review Division. t a� G*See Chapter 1 D. for additional information regarding the procedural steps for initiating E an application. p U Application The application must include the following: c Contents m 1. Applicant contact information. N 2. Addressing checklist. f° 3. PUD Ordinance and Development Commitment Information. 4. Property information, including: • a. Legal description; • b. Property identification number; • c. Project name; d. Section, township and range; • e. Subdivision, unit, lot and block; and • f. Total acreage. S. Current zoning designation of subject property. 6. Cover letter briefly explaining the project. 7. PUD Monitoring Schedule, if applicable. 8. Owner/agent affidavit as to the correctness of the application. 9. Signed and sealed Plat, less than 6 months old. 10. Signed and sealed boundary survey, less than 6 months old. 11. Evict^^e^ Affidavit of Authorization. 219 1 Revised: 2/17/2023 Packet Pg. 716 10.A.b Text underlined is new text to bead ded TO-xt !n GUFFe n++n.(++.. h...l..l..ted Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures 12. Zoning Data Sheet. 13. Certificate of Adequate Public Facilities application, if applicable. 14. School Impact Analysis application, if applicable. 15. Property Ownership Disclosure Form. Final Subdivision <*See Chapter 5 D.1 - 'Requirements for Final Subdivision Plat" within the Construction Plat Requirements Plans and Final Subdivision Plat section of the Administrative Code. Submittal Credentials: Minor final plats shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. Sheet size: The final subdivision plat shall be submitted on standard size 24-inch by 36- inch sheets, drawn to scale. Completeness and G*See Chapter 1 D.5 for the acceptance and processing of an application. Thy ^^ ^� Processing of Application GGmpleted appliratieR paGket aGGempaRied with the required fee, the applicant v4ill pFeGess.,.J Ar:GE) .r,@.,..i g th@+ FeSP9RSe .,ill be a reGeiptfer the r. r.+ - nd the tFackinsnpmb@F (' , XX29I799l 09) - ed +., the .,et4i.,. Thir .,et4i.,., +r@GLiRg Pi-mbpr shp-l.d be netp.d An all fil+tiro GOrrCaSPORGIeRce r ar.diRgthe pets Notice No notice is required. Public Hearing The BCC shall hold 1 public hearing. Decision Maker BCC with an approval from Tthe County Manager or designee. Review Process The Engineering Services Departn; + Development Review Division will review the application, identify whether additional materials are needed and review the application for compliance with and shall approve, approve with conditions, or denythe minor final subdivision plat. Once submitted for review, the minor final subdivision plat application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for reviewwill be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee will provide a recommendation to the BCC RA@rpl Q# G YRty r . r,;«; ors to approve, approve with conditions, or deny the minor final subdivision plat. Digital Submittal After the minor final subdivision plat has been approved by the County Manager or Requirements designee for compliance the applicant shall submit the following: 220 1 Page Revised: 2/17/2023 Packet Pg. 717 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures 1. The applicant's professional Engineer shall submit a digitally created construction/site plan documents; and 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions —Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiringsuch permits. Recording Process The minor final subdivision plat shall be recorded pursuant to LDC section 10.02.04 F. G*See Chapter 5 G. of the Administrative Code Updated 221 1 Revised: 2/17/2023 Packet Pg. 718 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures G. Plat Recording Reference LDC section 10.02.04 F. Applicability This procedure isto ensure proper legal description, identification, documentation, and recordingof real estate boundaries. This procedure occurs after approval of the final subdivision plat by the BCC. No building permit for habitable structures shall be issued priorto approval by the BCC and recordation of the final subdivision plat, exceptas identified in LDC sections 5.05.04 and 10.02.04 B.6. Pre -Application A pre -application meeting will have occurred at the time of submittal of the construction plans and final subdivision plat or minor final subdivision plat. Initiation The applicant files an "Application for Plat Recording (PR)" with the ERgi oor; g Department Development Review Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Original PPL number. 3. Construction and Maintenance Agreement. 4. Original sepia mylar of the final subdivision plat., with � Ssurveyor's certification that the mylar contains no revisions from the most recentsubmittal of the final subdivision plat to the Engineering Serviepl; Department Development Review Division. 5. Pursuant to LDC section 10.02.04 F.3, an original title opinion from an attorney licensed to practice in the State of Florida, which contains the following: • a. A legal description of at least the lands being platted; • b. A statement that the attorney is licensed to practice in the State of Florida and that the attorney has examined title to the subject real property, if a title opinion is being provided; • c. Identification of the exact name of any person who is the record owner of the subject real property and a specific citation to the official records book and page, where each record legal owner obtained title to the subject real property. The title information shall have attached thereto a copy of said instrument(s) of conveyance; and • d. Identification of liens, encumbrances, easements, or matters shown or that should be shown as exclusionsto coverage on a title insurance policy. As may be applicable, the title information shall include in a neatly bound fashion, and make citation to the recording information of, all referenced liens, encumbrances, easements, or exclusions. The title information shall have attached thereto a copy of any such instruments. 6. Joinder and consent of mortgagee, if applicable. 222 1 Page Revised: 2/17/2023 Packet Pg. 719 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures 7. If any dedications, grants, conveyances, easements, consents (including mortgagee consents), reservations, covenants, or other like instruments are to be recorded simultaneously with the final subdivision plat, appropriate fees and original documentation must be provided to the County Manager or designee for processing and recording by the c-Clerk of c-Courts prior to, or simultaneously with, the recording of the final subdivision plat. 8. Home OewnerAssociation Documents, if applicable. 9. Affidavit by surveyor. Supporting "gap" 1. Pursuant to LDC &ubsection 10.02.04 F.3, within 60 days of recordation of the final title information subdivision plat the applicant shall submit to the County Manager or designee final supporting "gap" title information. 2. The final supporting title information must meet all of the requirements in the above (Plat Recording— Application Contents). 3. The effective date of the supporting "gap" title information must be through the date of recordation of the final subdivision plat and must, at a minimum, cover the "gap" between the time the effective date of the information required above (Plat Recording —Application Contents) and the date and time of recording of the final plat. 4. The title information must identify and provide copies of any recorded documentation of the holders of any estates, liens, encumbrances, or easements not properly included orjoined in the dedication or consents on the final subdivision plat. The supporting "gap" title information must have attached a copy of any required instruments not previously provided in connection with submittals for the final plat's recording. Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application. Thy EPg44eQ Processing of Application ., bpr shoidl.d be AQtP.d ORall fi-461ro G-QFPLQSPQRd@RGe r ar.diRgtho pe%i Notice No notice is required. Public Hearing Tho RCC shall hold , p6ibliG he No public hearing is required. Decision Maker UP RCC. The County Manager or Designee. Review Process The Engineering Services Departm + Development Review Division will review the application and identify whether additional materials are needed pursuant to LDC section 10.02.04 F. The Rn iReeFiRo cor.,,GeS Pepar+..,on+ Development Review Division will submit the final subdivision plat materials to the Collier County Clerk of Courts for recording. Digital Submittal After the final subdivision plat has been approved by the County Manager or designee for Requirements compliance the applicant shall submit the following: 223 1 Page Revised: 2/17/2023 Packet Pg. 720 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures 1. The applicant's professional Engineer shall submit a digitally created construction/site plan documents; and 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of -way —ROW, centerlines—CL,edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels —All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions —Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiringsuch permits. Updated 224 1 Revised: 2/17/2023 Packet Pg. 721 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures H. Vacation of Subdivision Plats Reference pSee F.S. § 177.101, as amended, Resolution 2013-166, and LDC section 10.02.04 G. Updated 225 1 Page Revised: 2/17/2023 Packet Pg. 722 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chopter5 / Subdivision Procedures I. Easement Use Agreement Reference Board directed on January 14, 2020, Agenda Item 16 A.25. Applicability This procedure appliesto a request to use and construct or install a minor structure in a utility, drainage, or any similar easement dedicated to the County for residential single and two-family dwelling unit properties with fee simple ownership. Roof overhangs and requests to replace (or change out) an existing minor structure which was previously approved by a building permit are exempt from this requirement, provided the minor structure in the easement does not damage or impair the prescribed function of the easement, nor hinder routine maintenance access to existing facilities. For the Durpose of this reauirement. minor structure shall mean a fence. air conditionin equipment/concrete pad, pool equipment/concrete pad, generator, sidewalk, and other minor structure, that does not impact any County infrastructure and the function of the County's easement, as determined by the Growth Management Community Development Department. A determination of whether a minor structure is incompatible with the established use of the easement shall be made by the Growth Management Community Development Department and/or appropriate regulating agency. Structures in easements for multi -family and commercial properties shall be processed as part of the application for SDP pursuant to LDC section 10.02.03. Initiation The applicant files an "Application for Easement Use Agreement" with the Growth Management Community Development Department. Pre- A pre -application meeting is not required. Application Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: a. Legal description and section, township and range. b. Address of subject property and property identification number. c. Current Zoning. 3. Submittal requirements: 226 1 Page Revised: 2/17/2023 Packet Pg. 723 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures a. Type of easement proposed improvement will encroach. b. Property ownership disclosure and deed in fee simple. c. Boundary surveyor site plan. d. Letters of no objection from easement holder(s) who could be affected by the application. 6. Easement Use Agreement and copy of warranty deed. 7. Electronic copies of all documents. Completeness G*See Chapter 1 D. for information reaardina the completeness and processing steps of and the application. Processing of Application Notice No notice is required. Public Hearing No public hearing is required. Decision The County Manager or designee. Maker Review The County Manager or designee will reviewand approve, approve with conditions, or Process deny the application. If the Easement Use Agreement is approved, the applicant shall provide a recorded copy to the Growth Management Community Development Department. Recording The applicant shall file the approved Easement Use Agreementwith the Clerk of Courts and provide a recorded copvto the Growth Management Community Development Department. Updated 227 1 Page Revised: 2/17/2023 Packet Pg. 724 10.A. b Text underlined is new text to bead cled Text ;trik th Fe6jgh!n ..4M.44.. I;R d..1..4ed Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Chapter 6. Waivers, Exemptions, and Reductions The following applications and approvals listed in this Chapter provide waivers, exemptions, and reductions from the standards identified in the LDC. Some petitions require a public hearing for approval. 228 1 Page Revised: 2/17/2023 Packet Pg. 725 10.A. b Text underlined is new text to bead ded Text,strikethFo gh is ..4M.44.. hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions A. Administrative Fence/Wall Waiver (AFW) Reference LDC &u4sections 5.03.02 D.2 and 5.03.02 HA.a. Applicability This procedure applies to a request to administratively approve the following: aR deyel.,.,., eRt GR the adjGi.,i.,g parcel . ab6lttmRg right _of_way. 1. A variance from the height limitations of fences and walls in commercial and industrial zoning districts; or 2. An alternative to the fence or wall design requirements between residential and nonresidential development, where there is a local street that lies contiguous to the rear of a residence or some other physical separation exists between the residential development and the nonresidential development. Pre -Application A pre -application meeting is not required. Initiation The applicant files an "Administrative Fence Waiver Variance" application with the WaRRiRg & Zoning s meRt Division. G*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including; • a. Section, township and range; • b. Subdivision, unit, lot and block; and • c. Address of subject site. 3. A narrative description of the site and a detailed explanation of the alternative proposal to meet the intent of the LDC. 4. Illustrations, landscape plans, photos, and other illustrative materials that support the applicant's proposal. 5. Affidavit of Authorization. 6. Electronic copies of all documents. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The olaRRiRg Q. Processing of Application tFaGW .,-,her (i.e., XX201700009) aSSigRed to the This petal.,., traGkiRg petiti.,r pidmbpr s;hoidl.d be AQtPd OR -,II fiItUrr. .,.JeRGe r ardingthe Petition Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. 229 1 Page Revised: 2/17/2023 Packet Pg. 726 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Review Process The ova• Zoning DepaFtMeRt Division will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the Administrative Fence/Wall Waiver. Updated 230 1 Page Revised: 2/17/2023 Packet Pg. 727 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions B. Administrative Parking Reduction (APR) Reference LDC &u4section 4.05.04 F.2- 4. Applicability This procedure appIiesto the process where the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the LDC or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied. Pre -Application A pre -application meeting is not required. Initiation The applicant files an "Administrative Parking Reduction" application with the PlanningoF Zoning Department Division. <*See Chapter 1 D. foradditional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Section, township and range; • b. Subdivision, lot and block; and • c. Address of subject site. 3. Type of business. 4. Hours of operation. S. Signed and sealed survey. 6. Addressing checklist. 7. To determine the minimum parking requirements for a use which is not specifically identified in the LDC or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied, then the applicant may be required to submit the following: • a. Parking generation studies; • b. Evidence of parking ratios applied by other counties and municipalities for the specific use; • c. Reserved parking pursuant to LDC section 4.04 5.05; and • d. Other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. 8. Affidavit of Authorization. 9. Copy of most current approved SDP or SIP, if applicable. 10. Copy of approved Zoning Certificate, if applicable. 231 1 Page a� 0 U a� cc rn E Q m CD t a� L Q. E 0 U 0 m v N Revised: 2/17/2023 Packet Pg. 728 10.A. b Text underlined is new text to bead cled ..+t....++A h..d RkQt@d Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The Planning Q• Processing of Application processed AcGempanying that response will he a receilatfor the payment -,n.d rho tracking mbar (i.e., XX20 20900 ) assigned to the petition This petition trarLing .,-.her he noted ep all fi-t-re correspendenGe r ar.dingthe netirien Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The ova• Zoning Department Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC &60asection 4.05.04 F.4 4. Updated 232 1 Page Revised: 2/17/2023 Packet Pg. 729 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions a� C. Administrative Parking Exemption U Reference LDC &u4sections 4.05.02 K.1-2. M L Applicability This procedure appliesto a request for relief from various requirements of the minimum N parking requirements established by the LDC, including: 9 E 1. Allowing off -site parking on non-contiguous lots under the same ownership, and/or Q 2. Allowing off -site parking on contiguous lots under different ownership (shared m parking). a� t Pre -Application A pre -application meeting is not required but may be requested to determine if the a) exemption request may be fulfilled administratively. Q. E Initiation The applicant files an "Application for Public Hearing for Parking Exemption" with the U Planning& Zoning Department Division. .. 0 G*See Chapter 1 D. foradditional information regarding the procedural steps for initiating v an application. N ` - Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Legal description; and • b. Principal site property information and off -site parking area information, with the following included: • i_Property identification number; • ii. Section, township and range; • iii. Subdivision, unit, lot and block, or metes and bounds description; iv. Address of subject site and general location; and • v. Size of property in feet and acres. 3. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 4. ni«i^s;„ra ^f Awnershlp Property Ownership Disclosure Form. S. Project information, including: • a. Zoning classification of proposed off -site parking lot; • b. Zoning and type of land use of the propertythat the Parking Exemption is proposed to serve; • c. Total number of parking spaces required for the project; • d. Number of parking spaces proposed to be located off -site; • e. Whetherthe proposed parking lot is separated from the permitted use by a collector or arterial roadway, and the roadway name; and 233 1 Page Revised: 2/17/2023 Packet Pg. 730 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions • f. Whether the permitted use is proposed to share required parking with another permitted use. 6. A narrative statement describing the requestwith specific reference tothe criteria noted in LDC &60asection 4.05.02 K.1.-2., and any backup materials or documentation. 7. Pre -application meeting notes, if applicable. 8. Addressing checklist. 9. If required, a Boundary Survey (completed within the last six months, maximum 1 in. to 400ft. scale) that is abstracted, signed, sealed and prepared by a Florida registered land surveyor. The boundary survey must include the following: • a. The location and dimensions of all property lines, existing streets or roads, easements, rights -of -way, and areas dedicated to the public; and • b. An Attorney's Opinion of Title or by a sworn statement from the property owners stating that they have provided sufficient information to the surveyor to allow the accurate depiction of the information on the survey. 10. A conceptual site plan drawn to a maximum 1 in. to 400 ft. scale. The plan must measure 24 in. x 36 in. along with a reduced 8% in. x 11 in. copy. The site plan shall show the following information: • a. All existing and proposed structures and their dimensions; • b. Provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egressto the site and the structure(s) on site); • c. All existing and/or proposed parking and loading areas (including a matrix that indicates required and provided parking and loading, including required parking for the disabled); • d. Required yards, open space and preserve areas; and • e. Proposed and/or existing landscaping and buffering as may be required by the County. 11. Owner/agent affidavit as to the correctness of the application. 12. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly 13. Map of Property Location. 14. 10-Year Lease Agreement, if required by the approval criteria. 15. Electronic copies of all documents. 16. Affidavit of Authorization. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofon application. The olaRRiRg & Processing of Application Ggmple%ed appliGa%ien parke% aGGempanied with the required fee, the applicant v.;ill reGpivp a m;;i1@d or e lecArAniG respeRse notifying the applicant that the pe%ition is being e.d nGGQMr,@r,..i Ag that response ..ill he pt fGF the payment @R d rho 234 1 Page Revised: 2/17/2023 Packet Pg. 731 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Planning& Zoning Department Division will review the application and approve, approve with conditions, or deny the applications utilizing the criteria identified in LDC section 4.05.02 K.1 or K.2. Updated 235 1 Page Revised: 2/17/2023 Packet Pg. 732 10.A.b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions D. Administrative Variance (AVA) Reference LDC section 9.04.04. Applicability This procedure appliesto a request for an administrative approval for minor after -the -fact yard encroachments for principal and accessory structures, pursuant to the specific classifications outlined in LDC section 9.04.04. Pre -Application A pre -application meeting is not required. Initiation The applicant files an "Administrative Variance for Minor After -The -Fact Yard Encroachments 961.b. itt l I +r..,+r r Ar dA,,,ii- +r n Form" application with the Planning& Zoning Department Division. <*See Chapter 1 D. foradditional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. Property information, including: • a. Legal description; • b. Section, township and range; • c. Subdivision, unit, lot and block; and • d. Addressof subject site and general location. 4. Details of variance request, including the following information: • a. Statement of what is requested and where on the site; • b. Location and extent of encroachment, measured in tenths of feet; • c. When the encroachmentwas discovered; • d. How the encroachment was discovered; and • e. Building permit numbers of encroaching structures. 5. A signed and sealed Gepy of the survey identifying the encroachment. 6. Affidavit of Authorization. Completeness and gSee Chapter 1 D.5 for the acceptance and processing of an application. The DlanRing Q• Processing of Application completed appliration acGampanied with the required fee, the applicant v.gffill par=ket tFaEkl,^rnumber (i.e., XX29 12Q9C)Q9) - e d to the This +raGkiRg yeti+i.,. peti+ieR ., by rhA -I.d be ntp d e all fil+.IRGle r.di gth., eti Notice No notice is required. Public Hearing No public hearing is required. 236 1 Revised: 2/17/2023 Packet Pg. 733 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Decision Maker The County Manager or designee. Review Process The Planning Zoning Department Division will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the application based on the criteria in LDC section 9.04.04. Updated 237 1 Page Revised: 2/17/2023 Packet Pg. 734 10.A. b Text underlined is new text to bead ded TextstrikethFo ghis ..4M.44.. hRd..1..4..r1 Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions E. Alcohol Beverage Distance Waiver Reference LDC &u4section 5.05.01 A.6, LDC section 8.10.00, and LDC Public Notice &u4section 10.03.06 U. Applicability This procedure provides for waiver of part or all of the minimum separation distance required between establishments whose primary function is the sale of alcoholic beveragesfor on -site consumption. Pre -Application A pre -application meeting is required. Initiation The applicant files a V4#4o; fie Waiver from Separation Requirements for 94^"m "metes Businesses Selling Alcoholic Beverages forOn-PremiseConsumption" with the Planning& Zoning Departmen Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • a. Legal description; • b. Property identification number; • C. Section, township and range; • d. Subdivision, unit, lot and block, or metes and bounds description; and • e. Address of subject site. 3. Zoning information, including: • a. Current zoning of subject property; and a b. Adjacent zoning and land use. 4. A statement describingthe extent of the waiver requested, in linear feet, from the required 500-foot separation. S. A description of all proposed uses for the subject site/structure, including the following: Is a. Total square footage of subject structure. b. Square footage dedicated to each proposed use. • C. Proposed hours of operation. • d. Indication of entertainment and type. • e. A description addressing each of the criteria identified in LDC &64section 5.05.01 A.6.a.- 4 c. 6. A signed and sealed survey or boundary sketch to scale, including reduced 8% in. x 11 in. copies. 7. Addressing checklist. 238 1 Page a� 0 U a� L E Q m a� t a� L Q. E 0 U 0 m v N Revised: 2/17/2023 Packet Pg. 735 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 8. Owner/agent affidavit as to the correctness of the application. 9. Affidavit of Authorization. 10. Agent Letter Review. Following the initial staff review comments and prior to the resubmittal, the following Agent Letter materials shall be submitted to the assigned Planner for reviewand approval: a. A list of the names and addresses of property owners to receive the Agent Letter: and b. A draft of the Agent Letter. Completeness and c*See Chapter 1 D.5 for the acceptance and processing ofan application. The PI@RRiRg 4. Processing of Application GGFRPI@%@d appliriatiGR packet aGGOMPaRied with the required fee, the applicant vii" ppeGessed. AGGempanyiRg %hat response ..ill be a reGeilatforthe payment @Rd th" tfaGI(i R;ber (i.e., XX2Q 17lllll QQ) assigRed %9 %he peti%ieR. This peti+ieR +raGkiRg .,,her s;houl.d ho RQto.d AR @II future eprrpspendenGe r ardingthe petiriQn Notice Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feetof the subject property following the initial staff review comments and prior to the resubmittal. See Application Contents for review and approval of letter materials. -12. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Exami or hearing in a newspaper of general circulation. The advertisement shall include at a minimum: Is a_ Date, time, and location of the hearing; and • b. Description of the proposed land uses. Public Hearing 4— The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. Ga See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or BZA may grant a waiver of part or the entire minimum distance requirement. Review Process The PlanRing Zoning DepartmeRt Division will review the application and identify whether additional materials are needed. Staff will prepare Staff Report or Executive Summary, utilizing the criteria established in LDC section 5.05.01 A.6, to present to the Decision Maker nffi.-...,f the HeaFiRg CXaMiRer f.,r -a dLQcision Updated 239 1 Page Revised: 2/17/2023 Packet Pg. 736 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions F. Alternative Architectural Design Reference LDC &u4section 5.05.08 t= G. Applicability This section establishes a process to request deviations from the architectural and site design standards in LDC section 5.05.08. Any modification to an approved design requires re -review and approval by the County Manager or designee. The buildings and uses which qualify for an administrative deviation are identified in LDC section 5.05.08 F GA Pre -Application A pre -application meeting may be required as a component of the submittal of the Site Development Plan, Site Development Plan Amendment, Site Improvement Plan, or Building Permit application, as applicable. Initiation The applicant files an "Alternative Architectural Design" application with the Planning& Z,,..;Rg I,ep@F+., eRt Development Review Division in conjunction with the associated site plan. Application In addition to the submittal requirements for Architectural Plans <*See Chapter 4 A. of the Contents Administrative Code, the application must include the following: 1. Applicant contact information. 2. The project name, zoning, building type, square footage and number of stories of the buildings to which the Alternative Architectural Design requirements would apply. 3. The plans shall be clearly labeled as "Alternative Architectural Standards Design." 4. The plans must identify the section numbers from the LDC section 5.05.08 from which the deviation is being requested. 5. A narrative statement that specifically identifies all standards of LDC section 5.05.08 from which the deviations are requested, and the justification for the request. This statement must also include a description of how the alternative plan accomplishes the purpose and intent of LDC section 5.05.08, without specifically complying with those standards identified. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker 1. The County Manager or designee may administratively approve, approve with conditions, or denythe request for the Alternative Architectural Design plan(s) and corresponding site plan, in whole or in part, for a plan meeting the standards of LDC section 5.05.08. 2. Approved deviations are allowed only as to the specific design and plan reviewed. Any modification to an approved design shall necessitate re-reviewand approval by the County Manager or designee. 3. The County Manager or designee may seek the assistance of the Architectural Arbitration Board in rendering decision. Review Process The County Manager or designee shall reviewthe Alternative Architectural Design plan(s) and corresponding site plan in accordance with the reviewcriteria identified in LDC section 5.05.08 F G. 240 1 Page Revised: 2/17/2023 Packet Pg. 737 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Appeals Pursuant to LDC subsection 5.05.08 G., the applicant may appeal the administrative decision to the Architectural Arbitration Board by making a written request to the PlaRR;Rg & ZeRi g Departme 4 Development Review Division. Updated 241 1 Page Revised: 2/17/2023 Packet Pg. 738 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions a� G. e�,_.tamahilpService Station Waiver Facilities with Fuel Pumps Waiver U a� Reference LDC s"section 5.05.05 B, LDC section 8.10.00, and LDC Public Notice section 10.03.06 M U. L N Applicability This establishes a process to waive part or all of the minimum separation requirements for--iternobilp sorvire stab,, qit & facilities with fuel pumps from other auleaaeb+le stafion si#Q facilities with fuel pumps. This process is also known as the Q m Automobile Service Station Waiver. Pre -Application A pre -application meeting is required. a� Initiation The applicant files a "Petition for Waiver from Separation Requirements forAutomobile Q. Service Stations" with the Planning & Zoning Department Division. o <*See Chapter 1 D. foradditional information regarding the procedural steps for initiating U an application. CD Application The application must include the following: m v Contents 1. Applicant contact information. 'E 2. Property information, including: 2 c • a. Legal description; N � • b. Property identification number; N c M Nr- • C. Section, township and range; r • d. Subdivision, unit, lot and block, or metes and bounds description; and N U • e. Address of subject site. 0.0 U 3. Zoning information, including: a; • a. Current zoning of subject property; and Q. • b. Adjacent zoning and land use. � 0 4. The extent of the waiver being requested (in linear feet) from the required U separation. > 5. A narrative that describeswhy the waiver complies with the waiver criteria, pursuant f° r to LDC section 5.05.05 B.1, and that addresses the factors to be considered by the w .S Hearing Examiner or BZA. E 6. A site plan (measuring no larger than 24 in. x 36 in.) along with a conceptual site plan Q measuring 8% in. x 11 in., that indicates the following: > • a. The dimensions of the subject property; y a0i • b. All vehicular points of ingress and egress and their relationship to the t a parking area and site circulation; E • C. Demonstration of compliance with all requirements of the LDC including 0 U the location of the structures on site, landscaping, off-street parking, site r m circulation, architectural design guidelines, and signage; E • d. The location of all proposed buffer areas and their dimensions; and t M 242 1 Page Revised: 2/17/2023 Packet Pg. 739 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Is e. The layout of road(s) on which the proposed station fronts or to which access is provided, including the type of road(s), the number of lanes, and the location of intersections and turn lanes, median locations and median widths, for a 500 foot distance from the subject parcel. 7. A written market study analysis which justifies a need for the additional ^ tAmAbile Spp4cp S*;*4np Facility with Fuel Pumps in the desired location. 8. Environmental Data Requirements. gSee LDCstbsection 3.08.00A. 9. An Aerial photograph (taken within the previous 12 months at a minimum scale of 1 in. = 200 ft.), showing FLUFCS Codes, legend, and project boundary. 10. Addressing checklist. 11. Pre -application meeting notes. 12. Warranty Deed. 13. Letter of no objection from the United States Postal Service. 14. Owner/agent affidavit as to the correctness of the application. 15. Electronic copy of all documents. 16. Affidavit of Authorization. 17. Agent Letter Review. Following the initial staff review comments and prior to resubmittal, the following Agent Letter materials shall be submitted to the assigned Planner for reviewand approval: a. A list of the names and addresses of property owners to receive the Agent Letter; and b. A draft of the Agent Letter. Completeness and G*See Chapter 1 D.5 for the acceptance and processing ofan application. The Planning � Processing of Application tFacking r er (incW the Th,S petiriq petiriGR Notice Notification requirements are as follows. c* See Chapter 8 of the Administrative Code for additional notice information. 1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the subject property following the initial staff review comments and prior to the resubmittal. See Application Contents for reviewand approval of letter materials. -12. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised H@aF* g Exa ^9P hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; and • b. Description of the proposed land uses. 243 1 Page Revised: 2/17/2023 Packet Pg. 740 10.A. b Text underlined is new text to bead ded Text,strikethFo gh is ..4M.4tA hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Public Hearing 4. The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. Ga See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or BZA. Review Process The Planning& Zoning Department Division will review the application and identify whether additional materials are needed. Staff will prepare Staff Report or Executive Summary, utilizing the criteria established in LDC section 5.05.05, to present to the Decision Maker nff,r.o .,f the HoariRg ExamExamiRer f r a deers,,-n Updated 244 1 Page Revised: 2/17/2023 Packet Pg. 741 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.44.. hRd..1..4..r1 Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions H. Nonconforming Use Change (NUC) Reference LDC section 9.03.02 D, LDC section 8.10.00 and LDC Public Notice &64section 10.03.06 k1 V. Applicability This process applies to a request to change a nonconforming use to another nonconforming use of the same character or a more restricted nonconforming use. New structures or additions to existing structures shall only be allowed for permitted or accessory uses on the site. Pre -Application A pre -application meeting is required. Initiation The applicant files a "Non -Conforming Use Change(NUC) Petition" with the Planning & Zoning Department Division. <*See Chapter 1 D. for additional information regarding the procedural steps for initiatina an application. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: Is a. Legal description; • b. Property identification number; • c. Address of subject property; • d. Section, township and range; • e. Subdivision name, unit, blockand lot number; and • f. Size of subject property, in acres. 3. Zoning information, including: • a. Current zoning and land use of subject property; and a b. Adjacent zoning and land uses. 4. Total number of parking spaces that exist on the site. 5. Proof of ownership or interest in the property, such as a deed or contract to purchase. 6. If the request proposes a number of possible nonconforming uses, list all of the proposed nonconforming uses and identify the following for each use: • a. Total number of parking required for the proposed nonconforming use; a b. Hours of operation for proposed nonconforming use; and a c. Total square footage for the proposed nonconforming use building(s) and structure(s). 7. If the request proposes a number of possible permitted and/or accessory uses, list all of the proposed uses and identify the following for each use: 245 1 Page a� 0 U a� 0 L T) .r- E Q m a� t a� L Q E 0 U 0 m v N Revised: 2/17/2023 Packet Pg. 742 10.A.b Text underlined is new text to bead ded Te..+ n+ril...+hreWv.h 06a a At teXttA h..d..lR49d Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions • a. Total square footage of the new or existing structures for the permitted and/or accessory uses; • b. Total number of parking required for the permitted and/or accessory uses; and a C. Hours of operation for proposed for the permitted and/or accessory uses. 8. A narrative statement identifying how the nonconforming use change complies with the standards in LDC s4bsection 9.03.02 D., including: a a. How the proposed nonconforming use is equally or more appropriate to the zoning district than the existing nonconforming use; a b. The relation of the structure to surrounding properties, showing that adverse effect(s) on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued; and a C. Any additional information supporting the proposed nonconforming use change. 9. A copy of the pre -application meeting notes. 10. Aerial photograph(s), taken within the previous 12 months at a minimum scale of 1 in. = 200 ft., showing FLUCCS codes, legend and project boundaries. 11. A site plan drawn to scale depicting: a a. North arrow, date, and scale of drawing; a b. Property boundaries and dimensions; a C. Current and proposed uses for each structure; a d. If permitted or accessory uses are proposed for the site, all setbacks and building heights shall be identified for any existing structures, proposed new structures, or proposed additions; a e. Parking areas and driveways; and a f. Location Map that includes the project location and major roadways in project vicinity. 12. Notarized owner/agent affidavit as to the correctness of the application. 13. Affidavit of Authorization. 14. Property Ownership Disclosure Form. Completeness and caSee Chapter 1 D.5 for the acceptance and processing of an application. The DlaRRORg Q Processing of Application Gempleted appliGation parket acGampanied with the required fee, the applicant v.gffill rpcPivp a mailed Ar pleetreniG response notifying the applicant that the petition is being p;4Gessed. AGGempanying that respense will be a FeGemptfGF the payment ;;Ad the tFaGkiAg number (i.e., XX2()!2Q9C)QO) assigned to the petitiGn. This petitien tFaGking .,mhor ;h. uld he r.e+ed ., all fi-iture rerrespendenGe r ar.JiRgthe pe+i Notice Notification requirements are as follows-; Ga See Chapter 8 of the Administrative Code for additional notice information. 246 1 Page Revised: 2/17/2023 Packet Pg. 743 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. -12. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before t4e. each advertised Hearing Examiror hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a a. Date, time, and location of the hearing; and • b. Clear explanation of the nonconforming use change. 3. Sign: Posted at least 15 days before the first advertised hearing date.g see Chapter &E of the Administrative Code for sign template. Public Hearing -3. The Hearing Examiner or BZA shall hold at least 1 advertised public hearing. <*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or BZA. Review Process The ova. Zoning DepaFtMeRt Division will review the application and identify whether additional materials are needed. Staff will prepare Staff Report or Executive Summary, utilizing the criteria established in LDC section 9.03.02 D, to presentto the Decision Maker nffie;e .,f the weaFiRg E)(a ,..;.,ep f.,r -a dec-i-rie, Updated 247 1 Page Revised: 2/17/2023 Packet Pg. 744 1O.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions I. Site Plan with Deviations for Redevelopment Projects (-DR) Reference LDC section 10.02.03 F and LDC Public Notice &w4section 10.03.06 R. Applicability A site plan with deviations for redevelopment shall provide a means for a redevelopment project to seek dimensional deviations, excluding height, architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations, the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "Redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were legally built and installed. Initiation The applicant files a "Site Plan with Deviations for Redevelop menta4eq4" application with the PlaRRiRg & Zoning DepartmeRt Division. C*See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Pre -Application A pre -application meeting is required. Application A site plan with deviations application must include the following, in addition to the COntent5 Application Contents and Requirements for a site development plan, site development plan amendment or a site improvement plan. q See Chapter 4 1.2 —1.4 of the Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering and construction plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.05.08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. The survey shall be signed and sealed by a Florida registered surveyor and mapper. Sheet size: The site improvement plan and the coversheetshall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.B. 248 1 Page Revised: 2/17/2023 Packet Pg. 745 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 2. Description of each requested deviation and justification for each request. The justification shall state how the passing of time has rendered the building, structure, or features nonconforming. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified. Completeness and G*See Chapter 1 D.5 for the acceptance and processing ofan application. The Planning & Processing of Application GGmpleted appliratiGR paGket aGGempaRied with the required fee, the applicant v.0411 t@Gk"Ro Ru beF (i.e., XX2C) 1290009) ed W the .,et4i.,., This PetitieR +. ar=14i g ..,h@r s;hguld be r,@+@.J OR @II fid+lIr@GLQFPPSPGRd@RG@ r ardiRg+h@ peti Notice Notification requirements areas follows. G* See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised Wear'Rg E arni @r hearing. 2. Newspaper Advertisement: The legal advertisement shall be published aAt least 15 days before toe each advertised Hearing Ex,m;^@r hearing in a newspaper of general circulation. The legal advertisement shall include at a minimum: • a. Date, time, and location of the hearing; • b. Application number and project name; • c. 2 in. x 3 in. map of project location; • d. Requested deviations and proposed project enhancements; and • e. Description of location. Public Hearing 4. The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. q See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission, one BZA hearing is required. Decision Maker The Hearing Examiner or BZA. Review Process The Planning& Zoning Department Division will review the application and identify whether additional materials are needed. Staff will prepare Staff Report or Executive Summary, utilizing the criteria established in LDC section 10.02.03 F, to present to the Decision Maker nff,,.@ .,f the Hoar, cart lixa iRer fer a deri-sioR. - 249 1 Page Revised: 2/17/2023 Packet Pg. 746 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions a� J. Post Take Plan U a� Reference LDC &64section 9.03.07 D, LDC section 8.10.00, and LDC Public Notice &604section 10.03.06 S. L N Applicability An applicant may request a Post Take Plan in order to mitigate and/or eliminate the impacts, such as loss of parking, nonconforming setbacks and buffers which exceed the Q allowance under LDC sections 9.03.07 and 9.03.07 D.2, resulting from the public acquisition of a dal real property for public purposes. The Post Take Plan is not a SDP. However, changes requested by the applicant that do not result from the public acquisition will require an SDPA or SIP. For example, a building expansion unrelated to public acquisition would result in a SDPA or SIP. Q' E Initiation The applicant files a "Post Take Site Plan Application" with the Planning & Zoning 0 U Department Division. c W Ca See Chapter 1 D. for additional information reaardina the procedural steps for initiating N an application. Pre -Application A pre -application meeting is required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Electronic copy of all documents. 4. The project name. S. Pre -application meeting notes. 6. Property information, including: • a. Legal description; • b. Property identification number; • c. Project name; • d. Section, township and range; • e. Subdivision, unit, lot and block, or metes and bounds description; and • f. Address of subject site and general location. 7. Zoning Information, including-. a C currentzoning and land use of subject property. 8. The name of the existing circuitcourt case and number, if applicable. 9. Scaled drawing 24 in. x 36 in. in size, with one 8 %2 in. x 11 in. drawing depicting the following: Is a. The name, address and phone number of the consulting firm(s) preparing the plans; 250 1 Revised: 2/17/2023 Packet Pg. 747 10.A. b Text underlined is new text to bead cled Te..+n+r�l. a+hrer.h �n RttGXttA h..d RkQte.d Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions a b. The total site acreage for both pre -and post -acquisition condition; • c. Legal description; • d. Zoning designation; a e. All existing improvements, clearly depicting those affected by the acquisition; a f. All proposed mitigating improvements and remedies; a g_ The exact nature and dimension of any requested deviations; a h. The pre- and post -acquisition configuration of the lot or lots; and a i_ The dimensions from the pre -and post -acquisition property line to all affected improvements. 10. A narrative description of the pre -and post -acquisition site conditions, noting impacts and all nonconformities created or exacerbated as a result of the acquisition, and any proposed mitigation and remedies. 11. A signed and sealed boundary orspecial purpose surveyto ascertain or verify existing conditions. Pursuant to LDC &u4section 9.03.07 D.1, the boundary or special purpose survey shall be prepared by a surveyor licensed to practice in the State of Florida. 12. The most recentavailable aerial of the site. 13. Owner/agent affidavit as to the correctness of the application. rdAG'_I Men+< <hall he subMitte.d W theaSS*gRed planne.• A .104 Af the Rames Ad -a d.dre«e-s of n eFty e.,_,nPrq to rRcRoup +he mailed notice; R d Draft of+he M;iiled nntire 1pttpr. 14. Affidavit of Authorization. 15. Property Ownership Disclosure Form. Completeness and gSee Chapter 1 D.5 for the acceptance and processing ofan application. The PlaRRiRg Q Processing of Application Gempleted appliGatieA par=ket aGGempaAied with the required fee, the applicant v.0111 .,ether ;hnul.d he r.e+ed e all fi-iture c.,.deRE;e r ar.diRgthe peririer. Notice Notification requirements are as follows. Ga See Chapter 8 of the Administrative Code for additional notice information. 251 1 Page Revised: 2/17/2023 Packet Pg. 748 10.A. b Text underlined is new text to bead ded !6 ..4M.4tA h..d Rleted Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Additional Notice - If Written Objection is Received 1. Mailed Notice: Written notice shall be sent to property owners in the notification area within 60 days of the date of the submittal of the application. The mailed notice shall include the following information: • a. List of requested deviations; a b. A brief narrative with justification for the deviations; and • c. A copy of the Post Take Plan, in either an 11 in. x 17 in. or 8 % in. x 11 in format. If a written objection is received from an abutting property owner within 30 days from the date in which the first mailed notice was sent, then the Post Take Plan shall go before the H@aFm g Exa ^gyp CCPC or BZA, if appealed. The notice requirements for the public hearing are as follows: Ga See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised Hear'Rg Exam; hearing. a a. List of requested deviations; • b. A brief narrative with justification for the deviations; and Is c. A copy of the Post Take Plan, in either an 11 in. x 17 in. or 8 % in x 11 in format. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised HeaFiRg Exami hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time and location of the hearing; • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location. LIC HEARING REQUESTING PETITION UMBER: TO PERMIT: (Request-Sufficie clear to des LOCATION: DATE: E: CONTACT: the project) THE ABOVE T E HELD AT THE GRO N�.t\-i MANAGE MT DIVISION BUILDING, 2800 H0R5 HIE DR., MAPLES, 1 L 34104 OR A5 Q GNATED. lSE 252 1 Page Revised: 2/17/2023 Packet Pg. 749 10.A. b Text underlined is new text to bead ded Text,strikethFo gh is ..4M.4tA hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Public Hearing If a written objection has been received from an abutting propertyowner, then the CCPC Hearing Examin4a-p or BZA shall hold at least 1 advertised public hearing. Decision Maker The County Manager or designee er the Hearing F.,-,mi^or, if no written objection is received. If the county receives written obiection within 30 days of mailed notice, the CCPC or BZA. Review Process 1. If a written objection has not been received from a notified property owner within 30 days from the date of the public notice, then the , laR RiRg & Zoning PepaFtmeRt Division may approve the Post Take Plan. Updated 2. If a written objection has been received from a notified property owner, then the Via• Zoning Department Division will prepare a Staff Report to present to the Decision Maker nffieLQ .,f rho HoariRg Gxami a for a decision. 253 1 Page Revised: 2/17/2023 Packet Pg. 750 10.A. b Text underlined is new text to bead ded TextstrikethFo ghis ..4M.44.. hRd..1..4..r1 Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions IX. Vested Rights Determination Reference q See LDC section 9.02.00. Updated 254 1 Page Revised: 2/17/2023 Packet Pg. 751 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions L. Administrative Appeal of Preliminary Substantial Damage Determination Reference Florida Building Code and Code of Laws and Ordinances Chapter 62. Applicability This procedure allows a propertyowner to administratively appeal a preliminary substantial damage determination through the building permit process. Pre -Application A pre -application meeting is not required; however, a consultation with the Floodplain Management Section is recommended. Please contact: Flood lnfoReguest(c)colliercountvfLgov or the Flood Information Hotline at: 239-252-2942 Initiation The applicant files a building permit application along with the materials noted below G*See Chapter 1 D. foradditional information regarding the procedural steps for initiating an application. Application Application materials can be found on the Collier County Building Plan Review and Contents Inspection application forms and submittal requirements webpage. The application must include the following: 1. Building Permit application, to include in the Description of Work, all repair work, and other improvements to the structure. 2. Owner -Builder Affidavit, if applicable. 3. Construction plans of the structure (hand drawn is sufficient), with notes identifying the areas to be repaired, and the materials to be used. 4. Removal, Replacement and Repair of Mobile/Manufactured Homes Post Event form S. Substantial Improvement or Repair of Substantial Damage Packet and Cost Estimate Worksheet found on the Growth Management Building website, noted above. • a. The Affidavits must be signed by the property owner and notarized. • b. The Cost Estimate worksheet must include all repair work, other improvements, and any open building permit applications or issued building permits. • C. Please note: The property owner is responsible for collecting all subcontractor bids and quotes and compiling them for one cost estimate worksheet. Incremental repair work is not permitted; all repairs must be permitted and calculated under one permit. Completeness and C*See Chapter 1 D.5 for the acceptance and processing ofan application. The y with ;g Processing of . Application required fee. The permit number Should be Peted np all future GerrespendenGe regardi_p�g the peFmit Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. 255 1 Page Revised: 2/17/2023 Packet Pg. 752 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Review Process The Building Plan Review and Inspection Division will reviewthe application, identify whether additional materials are needed, and review the application for compliance with the Florida Building Code and Code of Laws and Ordinances Chapter 62. Updated Resolution 2019-01 256 1 Page Revised: 2/17/2023 Packet Pg. 753 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions M. Deviation Requests for Projects in the Golden Gate Parkway Overlay District (DR-GGPOD) Reference LDC sections 2.03.07 F., 4.02.26 E., and LDC Public Notice section 10.03.06 R. Applicability Property owners in the GGPOD may request deviations from certain standards, as established in LDC section 4.02.26 E.2., to allow for flexibility in building and site design, and to support and initiate incentives for new development on vacant property or redevelopment on existing sites. Deviations in the GGPOD may be requested for new development or redevelopment projects requiring an SDP, SDPA, or SIP, as established in LDC section 10.02.03, or a building permit in the case of a sign deviation, as established in LDC sections 5.06.11. Deviations may also be requested in connection with a PPL for townhouses developed on fee simple lots under individual ownership, as established in LDC section 10.02.04. Initiation The applicant files a "Deviations for Projects in Golden Gate Parkway Overlay District" application with the Zoning Division. q See Chapter 1.D. for additional information regarding the procedural steps for initiating an application. Pre -Application A pre -application meeting is required. Application A deviation ryes made in connection with an SDP, SDPA, or SIP must include the Contents necessary information and drawing(s) required with the Application Contents and Requirements for a site development plan, site development plan amendment, or a site improvement plan. Ga See Chapter 41.2 —1.4 of the Administrative Code. A deviation requires in connection with a sign permit must include the necessary information and drawing(s) required with the Application Contents and Requirements for a sign permit. G* See Chapter 41.2 —1.4 of the Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.05.08, the architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan and the coversheetshall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. A narrative of the project and how it is consistent with the evaluation criteria identified in LDC section 4.02.26 EA. 257 1 Page Revised: 2/17/2023 Packet Pg. 754 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.4tA bRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified 4. Exceptions to the required Application Contents. A deviation requires made in connection with townhouses developed on fee simple lots under individual ownership must include all items listed under Application Contents for Construction Plans and Final Subdivision Plats in Chapter 5.D.1. of the Administrative Code, except for the following: a. Fire Flow Test. b. Environmental Data Requirements. C. Traffic Impact Analysis. d. Engineer's Report. e. Permits. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. 2. Newspaper Advertisement: The legal advertisement shall be published at least 15 days before each advertised hearing in a newspaper of general circulation. The legal advertisement shall include at minimum: a. Date, time, and location of the hearing; b. Application number and project name; C. 2 in. x 3 in. map of project location; d. Requested deviations and proposed project enhancements; and e. Description of location 3. Sign: Posted at least 15 days before the first advertised hearing date. 1�J See Chapter 8.E of the Administrative Code for sign template. Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. G� See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission, one BZA hearing is required. Decision Maker The Hearing Examiner or BZA. Review Process The Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare Staff Report or Executive Summary, utilizing the criteria established in LDC section 4.02.26 EA, to present to the decision maker. 258 1 Page Revised: 2/17/2023 Packet Pg. 755 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Update 2021-48 259 1 Page Revised: 2/17/2023 Packet Pg. 756 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter /Supplementary Submittal Requirements forLand UseApplications N. Limited Density Bonus Pool Allocation (LDBPA) Reference LDC section 4.02.16 C. and LDC section 10.03.06 R. Applicability Property Owners in the Bayshore Zoning Overlay District (BZO) and Gateway Triangle Zoning Overlay District (GTZO), which are zoned as either multi -family or mixed use, 2 contiguous acres or less are allowed to add 2 units per acre when satisfying the criteria of LDC section 4.02.16.C.10. Initiation The applicant files a "Limited Density Bonus Pool" application with the Planning & Zoning Division. Pre -Application A pre -application meeting is required. Application A limited density pool application must include the following, in addition to the Contents Application Contents and Requirements for an SDP, SDPA, or SIP. G* See Chapter 41.2 — 1.4 of the Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.05.08, architectural drawings, shall be signed and sealed by a licensed architect, registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size: The site improvement plan and the coversheetshall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. A narrative of the redevelopment projectand how it is consistent with the standards for approval, LDC section 4.02.16 C.10. 2. Submittal of a Traffic Impact Statement. 3. Demonstrated compliance with the County's access management policies. Notice Notification requirements are as follows. G� See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. 2. Newspaper Advertisement: The legal advertisement shall be published at least 15 days before each advertised hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; 260 1 Page Revised: 2/17/2023 Packet Pg. 757 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter /Supplementary Submittal Requirements forLand UseApplications a� b. Application number and project name; V C. 2 in. x 3 in. map of project location; and a) d. Description of location. :r N Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public E hearing. Ga See Chapter 9 of the Administrative Code for the Office of the Hearing Q Examiner procedures. If the petition is heard by the Planning Commission, one BZA hearing is required. t Decision Maker The Hearing Examiner or BZA. Q. E Review Process The Zoning Division will review the application and identify whether additional materials 0 U are needed. Staff will prepare a Staff Report utilizing the criteria established in LDC c section 4.02.16 C.10.d. to present to the decision maker. v Updated Resolution 2022-36 N 261 1 Page Revised: 2/17/2023 Packet Pg. 758 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.44.. hRd..1..4..r1 Collier County Land Development Code I Administrative Procedures Manual Chapter /Supplementary Submittal Requirements forLand UseApplications Chapter 7. Supplementary Submittal Requirements for Land Use Applications The following are supplemental submittal requirements which may be requested for the submission of a land use application. 262 1 Revised: 2/17/2023 Packet Pg. 759 10.A. b Text underlined is new text to bead cled Text,strikethFo gh is ..4M.44.. hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter /Supplementary Submittal Requirements forLand UseApplications A. Environmental Data Requirements for PUD Zoning and Conditional Uses Reference LDC section 3.08.00. Code of Laws and Ordinances Chapter 2, Article VIII, Division 23 (Environmental Advisory Council) Conservation and Coastal Management Element (CCME) GMP Policy6.1.8. Applicability The Environmental Impact Statement (EIS) shall consist of the Environmental Data Requirements identified in LDC section 3.08.00 and shall be submitted for PUD Zoning and Conditional Use petitions. Pursuant to LDC &ubsection 3.08.00, the environmental data shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Application Applicants shall collate and package applicable Environmental Data into a single EIS Contents packet, prior to the public hearings and after all applicable staff reviews are complete. Copies of the Environmental Impact Statement shall be provided to the County Manager or designee prior to public hearings. Notice N/A Public Hearing N/A Decision Maker N/A Review Process The EIS shall consist of previously reviewed environmental data materials. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. Updated 263 1 Page Revised: 2/17/2023 Packet Pg. 760 10.A. b Text underlined is new text to bead cled Text,.4.ikethFo gh is ..4M.44.. h.. d..1..4..,E Collier County Land Development Code I Administrative Procedures Manual Chapter /Supplementary Submittal Requirements forLand UseApplications B. Traffic Impact Study (TIS) Reference LDC section 6.02.03 and Collier County Resolution 2006-299 gFor the TIS Guidelines and Procedures, refer to: f}ttp : rG 9ln' eFgaRe t/'RdeX.aS PX�p ,ge-56 6 https://www.colliercountyfl.gov/home/showpublisheddocument/2033/635883137282070000 Applicability A Traffic Impact Study (TIS) is required for any rezoning, conditional use, or where it is listed in the Application Contents for a specific process in the Administrative Code or LDC. The PlaARORg & 7GRORg D@PaFtM@Rt Capital Proiect Planning, Impact Fees. and Program Management Division may waive the TIS requirement at the pre -application meeting if it determines that the proposed development's traffic impacts are not significant. Application G*See the TIS Guidelines, referenced above. Contents Notice N/A Public Hearing N/A Decision The County Manager or designee. Maker Review The Transportation Planning Sect,,,., Capital Project Planning, Impact Fees. and Program Process Management Division shall review the TIS as part of the land use petition application based on the criteria in the TIS Guidelines and Resolution 2006-299. Updated 264 1 Page Revised: 2/17/2023 Packet Pg. 761 10.A.b Text underlined is new text to bead ded TO_xt8+ril.ethFGWgh in G e At teXttA h...Pl..l..+...d Collier County Land Development Code I Administrative Procedures Manual Chapter /Supplementary Submittal Requirements forLand UseApplications C. PUD Annual Monitoring Report Reference LDC slysection 10.02.13 F. Applicability This procedure appliesto PUDs to ensure that the approved project densities, intensities, and commitments are consistent with the development's approved Ordinance and Traffic Impact Study. Pre -Application A pre -application meeting is not required. Initiation If the PUD is active, the applicant files a PUD Monitoring reportwith the EngineeriAg Department rani+aI DreieGtPlanning Impart Peep and Program Management DivisioR Development Review Division on an annual basis, on or before each anniversary date of the PUD approval by the BCC. Ga See LDC 644section 10.02.13 F.1.a for PUD tracts or parcels that are built out. q See LDCs 4section 10.02.13 F.7 for Traffic Count Monitoring requirements. Application The monitoring report must include the following: Contents 1. Applicant contact information. 2. Number of units, by residential type; square footage commercial and other permitted uses which are approved and complete and any on -site or off -site commitments completed and approved as of the due date of the monitoring report. 3. Current PUD master plan showing infrastructure, projects/developments, plats, parcels, and other pertinent information, including on -site or off -site commitments. 4. Copies of all required monitoring reports completed in past year (i.e., traffic, wellfield, etc.). 5. Status of commitments in PUD document, including projected completion dates if then established. 6. Other information as may be required by County Manager or designee. 7. Owner/agent affidavit as to the correctness of the application. Completeness and The Engineering Department tr;;c Lr the Mopi+ering Reports Processing of (gmmitmpn+ TraGLing System fawn.d here: Updated 265 1 Page Revised: 2/17/2023 Packet Pg. 762 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter /Supplementary Submittal Requirements forLand UseApplications D. Soil Erosion and Sediment Control Plan Reference LDC section 6.01.05 Applicability A Soil Erosion and Sediment Control Plan is required, for new and existing development and construction, such as Site Development Plans and Final Subdivision Plats. Plan Contents Each plan shall be prepared in accordance with the following standards: 1. The most recentedition of the State of Florida Erosion and Sediment Control Designer and Reviewer Manual, jLIRe r2nn7 2. Turbidity values surrounding discharge from projects shall not violate water quality criteria contained in 62-302.530(69) Florida Administrative Code. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The FRgiReeFiRg S r.,,,.eS I,,,p@FtFR + Development Review Division shall review the Soil Erosion and Sediment Control Plan concurrentwith all applicable land use applications. Updated 266 1 Page Revised: 2/17/2023 Packet Pg. 763 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice Chapter 8. Public Notice A. Generally Many land use decisions in the County require public notice to the general community and/or the surrounding neighborhoods regarding an applicant's development plans. Each Administrative Code section describesthe types of notice required, if any, for a petition or a permit. This section identifies the different types of publ is notice procedures and specific information necessaryto fulfill the notice requirement. The following are the types of public notice that may be required: • 1. Neighborhood Information Meeting (NIM) • 2. Mailed Written Notice • 3. Newspaper Advertisement • 4. Posting of a Sign 5. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) 6. Agent Letter 267 1 Page Revised: 2/17/2023 Packet Pg. 764 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice B. Neighborhood Information Meeting Applicability 1. A Neighborhood Informational Meeting ("NIM") shall be conducted when: • a. The initial staff reviewand comment on the application has been completed; and • b. At least 15 days before the first public hearing is held, whether it is the Planning Commission, Hearing Examiner, the BCC, or the BZA. 2. In addition to the above, the following shall also apply for small-scale amendments and other site -specific comprehensive plan amendments: • a. The NIM is required before the Planning Commission transmittal hearing. • b. A second NIM is required if the County Manager or designee determines that a substantial change has occurred to a proposed site -specific comprehensive plan amendment following the BCC's transmittal hearing. The applicant must hold the second NIM before the Planning Commission adoption hearing. 3. If the applicant's petition activity extends beyond 1 year from the date of the first NIM, a second NIM will be required and shall be noticed in accordance with this chapter. Notice The NIM shall be noticed as follows: Requirements 1. Mailed Notice: Written notice shall be sent to property owners in notification area at least 15 days before the NIM meeting. • The applicant shall also provide written notice of the NIM to property owners, condominium, and civic associations whose members may be affected by the proposed land use change and who have formally requested the County to be notified. 2. Newspaper Advertisement: The legal advertisement shall be published at least 15 days before the NIM meeting in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the NIM meeting; • b. Petition name, number and applicant contact info; • c. Purpose of the NIM meeting; • d. Description of the proposed land uses; and • e. 2 in. x 3 in. map of the project location. Location The applicant must arrange the location of the meeting. The location must be reasonably convenient to the property owners who receive the required notice. The facilities must be of sufficient size to accommodate the expected attendance. Revised: 2/17/2023 Packet Pg. 765 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice Conduct The Collier County staff planner assigned to attend the pre -application meeting, or of designee, must also attend the NIM_ and ;•xi" Serve as the facilitat r Af the FneetiA . Meeting ueweveF remain neutral and support the LDC administrative procedures. Jhe applicant is expected to make a presentation of how they intend to develop the subject property. The applicant is required to audi^ or video provide a written transcript or in lieu of the transcript an audible audio or video recording, identifying each speaker by name, of the proceedings of the meeting and to provide a copy to the Planning& Zoning Department Division. The applicant must provide the following at the NIM meeting for review and comment • a. The proposed uses and density of the project; • b. The proposed Master Plan; and • c. The current LDC zoning district uses and development regulations. Meeting Follow- 4. After a NIM is completed, the applicant will submit a written summary of the NIM Up and any commitments that have been made to the assigned planner. These commitments will: Updated • a. Become part of the record ofthe proceedings; • b. Be included in the staff reportfor any subsequent reviewand approval bodies; and • c. Be considered for inclusion in the conditions of approval of any applicable development order. 269 1 Page Revised: 2/17/2023 Packet Pg. 766 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice C. Mailed Notice Applicability For applicable land use petitions, a mailed notice shall be as follows. Notice Mailed written notices shall be sent by regular mail to propertyowners in the notification Requirements area listed below. Names and addresses of propertyowners shall be those listed on the latest ad valorem tax rolls of the County. The CeuRW must s mailed notice must be sent out at least 15 days before the hearing for all applications, exceptas identified otherwise in the Administrative Code. The applicant must provide a copy of the list of all parties noticed by the required notification deadline to the Planning & Zoning Department Division staff. The written notice must include: • a. Date, time, and location of the NIM meeting or public hearing; • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location. For a conditional use, rezoning, PUD, PUD extension, or variance, the notice must also include: • a. A clear description of the proposed land uses; • b. A clear description of the applicable development standards; • c. Intensity or density in terms of total floor area of commercial or industrial space and dwelling units per acre for residential projects; • d. A clear description of the institutional or recreational uses when part of the development strategy; and • e. The substance of the proposed ordinance or resolution (rezoning only). For a site plan with deviations for redevelopment projects, the notice must also include= &---Tthe type of deviation sought. The GClerkto the BCC will make a copy of all notices available for public inspection during t4e regular business hours. Recipients of Property owners in the notification area are described below and shall be based on the Mailed Written latest tax rolls of Collier County and any other persons or entities who have formally Notice requested notification from the County: 4 Urban designated area The notification area includes: of the future land 1. All property owners within 500 feet of the property lines of the use element of subject property Ar eAe mile ^f the preperty lines ^f the subj * the growth preperty ;f leGated with;^ the areas designated In the I Irbap management r_.,I.I^^ r_-,+^ ram+ +^� c 1h_rl^,,,^. t Of the r_ I,Io^ r_ +^ n4;4 plan P444. 2. If any of the land in the area listed in paragraph 1 is owned by the same person or entity who owns the subject property, the 270 1 Page Revised: 2/17/2023 Packet Pg. 767 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice 500-foot or one mile distance is measured from the boundaries of the entire ownership or PUD. 3. The maximum notification area is % mile (2,640 feet) from the subject property exceptfor areas designated in the Urban Golden Gate Estates Sub -Element of the Golden Gate Estates Master Plan. --> All otherareas The notification area includes: 1. All property owners within 1,000 feet of the property lines of the subject property. However, F-for areas designated in the Urban and Rural Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan, notices shall be sent to all property owners within one mile of the property lines of the subject property, exceptfor Estates (E) zoned variance applications, which shall remain at 1,000 feet of the subject Property. 2. If any of the land in the area listed in paragraph 1 is owned by the same person or entity who owns the subject property, the 1,000 foot or one mile distance is measured from the boundaries of the entire ownership or PUD. 3. The maximum notification area is % mile (2,640 feet) from the subject property, exceptfor areas designated in the Urban and Rural Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan. 4Associations Notification shall also be sent to property owners and condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the County to be notified. A list of such organizations shall be provided and maintained by the County, but the applicant must bear the responsibility of i4ensuring all parties are notified. Updated 2021-143 and 2023-XX 271 1 Revised: 2/17/2023 Packet Pg. 768 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice D. Newspaper Advertisement Applicability For applicable land use petitions, the kLg,4 newspaper advertisement shall be as follows. A copy of the newspaper advertisement shall be kept available for public inspection during regular business hours of the Office of Clerkto the Board of County Commissioners. The notice of proposed enactment shall include where the proposed ordinance or resolution may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respectto the proposed ordinance or resolution. Placement and The legal newspaper advertisement shall be published at least 15 days before each Content advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing; • b. Petition name, number and applicant contact info; • c. Description of the proposed land uses; and • d. 2 in. x 3 in. map of the project location, as applicable. Updated 272 1 Page Revised: 2/17/2023 Packet Pg. 769 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice E. Posting of a Sign Applicability For applicable land use petitions, the posting of a sign shall be as follows. Timing The sign shall be posted at least 15 days before the Hearing Examiner, Planning Commission, or the BCC acting as the BZA hearing and be removed within 10 business days after the final date of public hearing. Sign Requirements The sign copy must occupythe total area of the sign. The requirements for the size, location, and proof of posting and removal of the sign are as follows: 1. Properties4less than or equal to 1 acre: The sign shall measure at least 1 and square feet in area. The sign is erected by the ova• Zoning ,i Division on behalf of the applicant. 2. Properties .— greater than 1 acre: The sign shall measure at least 32 square feet in area. The sign is erected by the applicant. At least 1 sign is placed on each external boundary that fronts a street. If the external boundaries along a street exceed 1,320 linear feet, signs are placed equidistant from one another with a maximum spacing of 1,000 linear feet. However, the number of signs along an exterior boundary fronting a street cannot exceed 4 signs. 3. All properties: • a. The sign must be located in full view of the public on each street side of the subject property. • b. Where the subject property is landlocked orfor some other reason the signs cannot be posted directly on the subject property, then the sign or signs are erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. Is L. The applicant must provide evidence to theta• Zoning Department Division that the sign(s) were erected byfurnishing photographs ofthe sign(s) that show the date of their erection at least 10 days before the scheduled public hearing. 273 1 Revised: 2/17/2023 Packet Pg. 770 10.A. b Text underlined is new text to bead ded TextstrikethFo ghis ..4M.44.. hRd..1..4..r1 Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice Sign Template Unless otherwise specified, the sign must adhere to the following templates: 1. Properties less than or equal to 1 acre: [Petition Type] Petition No. 2019000XXXX [CCPC or HEX]: [Date] - 9 a.m. [Building Name] [Address] [Planner Name]: 239-252-XXXX 2. Properties greater than 1 acre: PUBLIC HEARING NOTICE [Project Name] [Petition Type] Petition No. 2019000XXXX [HEX, CCPC, BCC, and/or BZA]: [Date/Time] [Building Name] [Address] [Planner Name]: 239-252-XXXX 3. For Dock Facility Extensions: a. Properties less than or eaual to 1 acre: Dock Facility Extension To allow a [###]-foot protrusion Petition No. 2019000XXXX [CCPC or HEX]: [Date] - 9 a.m. [Building Name] [Address] [Planner Name]: 239-252-XXXX 274 1 Revised: 2/17/2023 Packet Pg. 771 10.A. b Text underlined is new text to bead cled Text ;trik th FeLlgh!n ..4M.44.. I;R d..1..4ed Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice b. Properties greater than Iacre: PUBLIC HEARING NOTICE [Project Name] Dock Facility Extension To allow a [###]-foot protrusion Petition No. 2019000XXXX [CCPC or HEX]: [Date] - 9:00 a.m. [Building Name] [Address] [Planner Name]: 239-252-XXXX Removal of Sign The signs shall remain in place until any of the following occur: Updated 1. Final action is taken on the application7i or 2. The P'�^w g & Zoning DepaFtMeR Division receiveswritten notification that the applicant is withdrawing or indefinitely continuing the application. 275 1 Page Revised: 2/17/2023 Packet Pg. 772 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter8 / Public Notice a� F. Stakeholder Outreach Meeting for Golf Course Conversions (SOM) 0 a� Reference LDC sections 5.05.15 and LDC Public Notice section 10.03.06. cc L G� See Chapter 4.N forintent to Convert Applications for the Application Contents rn Required for Presentations at SOMs. 9 E Purpose Stakeholder Outreach Meetings (SOMs) are intended to engage stakeholders early in the Q design of a golf course conversion projectand to encourage collaboration and consensus between the applicant and the stakeholders on the proposed conversion. Applicability This processapplies to applicants seeking to converta constructed golf course to a non - a� golf course use. A minimum of two in -person meetings and one web -based visual survey C- o are required.This section shall be used in connection with LDC section 5.05.15. U Initiation The SOMs may be held after the 'Intent to Convert" application has been received bythe c County and deemed sufficient by staff to proceed. It is encouraged that SOMs take place v in a timely manner so as to support stakeholder involvement. v SOM Notice Each SOM shall be noticed as follows: f° Requirements 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the SOM in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the SOM; M Nr- r • b. Petition name, number and applicant contact info; N U • c. Notice of the intention to convertthe golf course to a non -golf course V use; U am • d. Brief description of the proposed uses; and • e. 2 in. x 3 in. map of the project location. 2. Mailed Notice: For the purposes of this mailed notice requirement, written notice shall be sent to property owners located within 1,000 feet from the property line of the golf course at least 15 days before the first SOM. The mailed notice shal I include the following: • a. Date, time, and location of each SOM included in the mailed notice; • b. Petition name, number and applicant contact info; • c. Notice of the intention to convert the golf course to another use; • d. A brief description of the proposed uses; • e. A statement describingthat the applicant is seeking input through a stakeholder outreach process; • f. The user-friendlyweb address where the meeting materials, such as the Developers Alternatives Statement, can be accessed; 276 1 Page Revised: 2/17/2023 Packet Pg. 773 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter8 / Public Notice • g_ A brief description of the visual survey and the user-friendly web address where the survey can be accessed; and • h. The dates that the web -based visual surveywill be available online. Location The applicant must arrange the location of the meeting. The location must be reasonably convenient to the property owners who receive the required notice. The facilities must be of sufficient size to accommodate expected attendance. Timeframe SOMs must be held between November 1st and April 1st. Conduct of SOMs A minimum of two SOMs shall be conducted in accordance with the following: • a. An assigned County planner shall attend the SOMs and observe the process. The planner shall note any commitment made by the applicant during the meetings. • b. Meeting Conduct: The applicant shall conduct the meetings as follows: a i_ Use at least one public outreach method during the in -person meetings as described below; and e ii. The applicant shall facilitate dialogue and encourage input on the conceptual development plan from the stakeholders regarding the types of development the stakeholders consider compatible with the neighborhood, and the types of land uses they would support to be added to the neighborhood. • c. Presentation: The applicant must provide the following at the SOM for review and comment: e i_ The current LDC zoning district uses and development regulations; a ii. Information about the purpose of the meeting, including the goals and objectives of the conversion project; a iii. A copy of the Developer's Alternatives Statement shall be made available at the SOM, as described in LDC section 5.05.15 C.2; e iv. Visuals depicting the conceptual development plan(s) and the greenway; and a v. The list of deviations requested, as described in LDC section 5.05.15 C.4.a-b. • d. Public Outreach Methods: The applicant shall use one or more of the following at the Stakeholder Outreach Meetings to engage stakeholders: e i_ Charrette. This public outreach method is a collaborative design and planning workshop that occurs over multiple days. Through a charrette, the applicant designs the conceptual development plan and greenway with stakeholders' input. During a charrette, stakeholders are given the opportunity to identify values, needs, and desired outcomes regarding the project. Through a 277 1 P a g c Revised: 2/17/2023 Packet Pg. 774 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice series of engagement activities the conceptual development plan and greenway are designed and refined. Throughout the sessions, stakeholders have an opportunity to analyze the project, address and resolve issues, and comment on multiple iterations of the project. e ii. Participatory Mapping. This public outreach method produces maps using stakeholder knowledge and input. To start, the applicant hosts a workshop and shares information about the project through exhibits such as poster boards, written or electronic materials, etc. Participants are then given sticky dots, markers, or other tactile/visualization tools in conjunction with maps of the conceptual development plan and greenway to identify options to address compatibility, adverse impacts, or types of desirable usable open space for the project. For example: stakeholders are asked to place red dots on the map where there is a perceived pedestrian hazard and place a green dot where they support additional tree plantings in the greenway. a iii. Group Polling. This public outreach method polls participants at the meeting and provides instant results. The poll can include a wide range of topics about the project, such as density, greenway uses, vehicle/pedestrian transportation networks, etc. The applicant provides sticky dots or uses electronic devices to conduct the polling. e iv. Visioning Exercise. This public outreach method invites stakeholders to describe their core values and vision for their community. In a workshop setting, the applicant presents a wide variety of reports, maps, photos, and other information about the project. The applicant then poses questions to the participants, such as, but not limited to the following: } 11 "What do people want to preserve in the community?" "What do people want to create in the community?" 3J "What do people want to change in the community?" The applicant collects the responses and works with the participants to create a vision statement for the project that incorporates the goals, concerns, and values of the community. Web -based Visual The web -based visual survey is intended to increase engagement with stakeholders. The Survey survey should engage the stakeholders in the design of the project and assist in Requirements determining what stakeholders find important to the neighborhood, what is considered compatible with the neighborhood, and what types of land uses they support adding to the neighborhood. ME Revised: 2/17/2023 Packet Pg. 775 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice • a. The survey shall provide visual representations of the proposed development, in particular the types of land uses proposed, streetscapes, public spaces, design characteristics, and depictions of the greenway design; • b. The survey questions shall be worded so as to elicit responses to the stakeholders' preferences or support for the visual representations. • c. The survey shall allow for additional comment(s) to be made by the stakeholders. SOM Report After the SOMs and the web -based survey are complete, the applicant will submit a report of the SOM to the County, including the following information: • a. A list of attendees, a description of the public outreach methods used, photos from the meetings demonstrating the outreach process, results from outreach methods described above; • b. Copies of the materials used during the meeting, including any materials created at the meeting, such as any participatory mapping or related documents; • c. A verbatim transcript of the meetings and an audio (mp3 or WAV format) or video recording in a format accessible or viewable by the County; • d. A point -counterpoint list, identifying the input from the stakeholders and how and why it was or was not incorporated into the application. Input from stakeholders may be categorized by topic and the applicant may provide a single response to each topic in narrative format; and • e. The report shall be organized such that the issues and ideas provided by the stakeholders that are incorporated in the application are clearly labeled in the point -counterpoint list and in the conversion application. Meeting Follow-up After each SOM is completed and prior to the submittal of a conversion application, the applicant will submit to the assigned planner a written summary of the SOM and any commitment that has been made. Any commitment made during the meeting will: Updated • a. Become part of the record of the proceedings; • b. Be included in the staff reportfor any subsequent conversion application; and • c. Be considered for inclusion into the conditions of approval of any subsequent development order. 279 1 Revised: 2/17/2023 Packet Pg. 776 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter8 / Public Notice G. Agent Letter Applicability For applicable land use petitions, an Agent Letter shall be as follows. Agent Letter Following the initial staff reviewcomments, and prior to resubmittal, the following Agent Review Letter materials shall be submitted to the assigned planner for review and approval: a. A list of the names and addresses of property owners to receive the Agent Letter; and b. A draft of the Agent Letter that includes information pertaining to the type of application submitted to the County, a location description of the project site, and a description of the nature of the application. Recipients of An Agent Letter shall be sent to property owners and associations within 150 feet of the Agent Letter subiect property. Timin The Agent Letter shall be mailed out following approval from the assigned planner. (continued to next page) M Revised: 2/17/2023 Packet Pg. 777 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chopter8 / Public Notice Letter Template The following sample Agent Letter is intended to serve as an example to applicants, additional information may be requested by the assigned planner. Sample Agent Letter to Property Owners and Associations within 15U feet [Company Letterhead] [Date] Name Address City, State Zip Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property [Description: distance from nearest intersection, fronting street or access road. Verify with planner] It is our intent to ask the County to allow us to [describe nature of variance] on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, we will be contacting you directly within the next few days or you may choose to telephone the sender for further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, [Applicant's name, address, and phone number where you can be contacted] Updated o Revised: 2/17/2023 Packet Pg. 778 10.A. b THIS PAGE INTENTIONALLY BLANK 2821 Page Revised: 2/17/2023 Packet Pg. 779 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter9 / Office of the Hearing Examiner Chapter 9. Office of the Hearing Examiner - Procedures Reference LDC section 8.10.00, Code of Laws and Ordinances section 2-83 through 2-90, and Ordinance No. 2013-25, as amended. Applicability The Hearing Examiner hears and makes final decisions pursuant to the Code of Laws and Ordinances section 2-83 through 2-90, and Ordinance No. 2013-25, as amended. A minor conditional use is one which does not require environmental review under Section 2-1191 et seq. of the Code of Laws and Ordinances and which is not a case of great public interest or concern as determined in the discretion of the Hearing Examiner or as requested by a member of the Board of County Commissioners. The Commissioner of the District in which the proposed minor conditional use is located may directthat the minor conditional use be heard by the CCPC in an advisory capacity and then the Board of Zoning Appeals or Board of County Commissioners for final action. If the Hearing Examiner recuses, disqualifies himsea# or herself, or does not otherwise hear a particular case where the Hearing Examiner makes the final decision, these cases shall be heard by the Planning Commission in an advisory capacity and then forwarded to the Board of County Commissioners sitting as the BCC or Board of Zoning Appeals for the final decision. Assignment Once the application is submitted to the County and deemed complete pursuant to Chapters 1 through 7 of the Administrative Code, as applicable, the following petitions shall be assigned to the Hearing Examiner: 1. Administrative Type III Appeal. 2. Alcohol Distance Waiver. 3. Appeal of an Official Interpretation of the LDC. 4. Autsrp"',�„�p Spp,ocp Static `^', ,' pr Facilities with Fuel Pumps Waiver. 5. Boat Dock Facility Extension, including Boat Lift Canopy Deviations and Boathouse Establishment. 6. Minor Conditional Use. 7. Minor Conditional Use Re -Review. 8. Minor Conditional Use Extension. 9. Limited Density Pool Allocation. 10-g.Non-Conforming Use Change and Non -Conforming Use Alteration. 11a.Parking Exemption with a Public Hearing. 12-I.Post Take Plan, if applicable. 12. 1214) Fxtes+e 12-3.PUD Insubstantial Changes, including Minor Text Changes. 134.PUD Minor Change to Remove an Affordable Housing Contribution. 283 1 Page Revised: 2/17/2023 Packet Pg. 780 10.A. b Text underlined is new text to bead cled T.,..+n4.1..,+h..,..h!6 ..4M.44..[;LQ dRleted Collier County Land Development Code I Administrative Procedures Manual Chapter9 / Office of the Hearing Examiner 145•.Sign Variance. 156.Site Plan with Deviations for Redevelopment Projects. 167-.Stewardship Receiving Area (SRA) Insubstantial Changes, including Minor Text Changes. 179.Variance. 18-9.7GRi =rg VeFifiGAieAl ettex — PUD Comparable Use Determination. Hearing Examiner Upon completion of the staff report by the assigned planner pursuant to Chapters 1 Review through 7 of the Administrative Code, as applicable, 4v-& one cop4&y of the staff report and application materials shall be forwarded to the Hearing Examiner for all matters assigned to the Hearing Examiner. Pre -Hearing The Hearing Examiner may have shall refrain from ex parte communications with any Conference party or person to the greatest extent possible or otherwise disclose the ex parte communication at the beginning of public hearing. Motions for Unless good cause is shown, all motions for disqualification of the Hearing Examiner shall Disqualification be filed no later than ten (10)working days priorto the scheduled public hearing before the Hearing Examiner. The motion shall be accompanied by an affidavit stating particular grounds, which shall be limited to those for which a judge may be disqualified. The affidavit must state facts sufficient to show that the movant has a well-founded fear that the movant will not receive a fair and impartial hearing. Unless denied as untimely, the motion shall be ruled on by the Hearing Examiner before whom the case is pending. If the motion and affidavit are found legally sufficient, the Hearing Examiner shall disqualify himse4f or herself after which the matter will be set for hearing as provided for in the Land Development Code for such particular action. The Hearing Examiner may also recuse or disqualify himse# or herself at any time in accordance with Ord. 2013-25, as amended. Notice Public notice is required for all Hearing Examiner hearings. Ga See the specific Administrative Code section for the public notice requirements necessary for the petition. q See Chapter 8 of the Administrative Code for additional notice information. Public Hearing — The PaFtiGipaRtS parties before the Hearing Examiner shall be the applicant and Collier Parties and County. , Participants d any +her parties of reGerd nil artiGipaR%s will testif„ , n nor gash. The public, including any proponents and opponents, are participants. Public Hearing — 1. Due Process. For hearings, basic due process requires that the parties have notice of Rules of Procedure the hearing and an opportunity to be heard. Parties must be able to present evidence and be informed of all the facts upon which the County acts. The term "parties" to any proceeding are the Applicant and the County (or their representatives) and does not include public participants or their representatives. 2. Evidence. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Any part of the evidence may be received in written form, and all testimony shall be 284 1 Page Revised: 2/17/2023 Packet Pg. 781 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.4tA bRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter9 / Office of the Hearing Examiner under oath. Hearsay evidence maybe used for the purpose of supplementing or explaining other evidence but it shall not be sufficient, in itself, to support a finding by the Hearing Examiner unless it would be admissible over objections in a civil action. 3. Application of rules. The Hearing Examiner is responsible for ensuring these rules are applied equally and consistently to all evidence and testimony presented by the parties and public participants. 4. Burden of Proof. The applicant has the burden of proof to show by competent and substantial evidence that the proposed request conforms to the LDC and the GMP. S. Expert Witness. A witness may be qualified by the Hearing Examiner as an expert through specialized knowledge, training, experience or education, which is not limited to academic, scientific or technical knowledge. Public Hearing — 1. Hearings will be conducted in an informal but courteous and professional manner. To Orderof the extent possible and at the Hearing Examiner's discretion, the order of Proceedings proceedings will be as follows: • a. Hearing Examiner's explanation of rights and responsibilities of all interested persons as well as an explanation of future proceedings that may occur in relation to the matter to be heard. • b. The announcement of the matter to be heard and if applicable, Hearing Examiner discloses all ex parte communications. • c. Under oath, the swearing in of expertwitnesses and all participants prior to the hearing. • dc. Dres;Pntoriop of request or appeal by a ^liGant appellant, or- _ ntative. Presentation of County's position. ed. Prese-Atati^^ ^f CGunt.'s ^^sirs^^ Presentation of reauestor appeal by applicant, appellant, or representative. • fe_ Public participation and comment. • gf_ Rebuttal and closing statement by applicant, appellant or representative. Rebuttal testimony may not be used to provide new information. Only parties may engage in director cross examination of witnesses. 2. Questioning shall be confined as closely as possible to the scope of direct testimony. The Hearing Examiner may call and question witnesses as he ^r she ^'^^ necessary and appropriate. The Hearing Examiner shall decide all questions of procedure and will raise questions and provide comments at any time during the hearing. Public Hearing — The Hearing Examiner shall not be limited to the evidence presented by Applicant or Matters to be County at the hearing. The Hearing Examiner may consider any additional relevant considered by the evidence based on the record, including, but not limited to, any of the following: Hearing Examiner 1. The history of the subject parcel. 2. Applicable regulations and development standards promulgated. 3. Applicable goals, objectives, and policies contained in the Comprehensive Plan. 285 1 Page Revised: 2/17/2023 Packet Pg. 782 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter9 / Office of the Hearing Examiner 4. Reports and recommendations filed by reviewing agencies. S. Physical characteristics of the subject parcel and surrounding lands. 6. Impact on the surrounding transportation network. 7. Availability and capacity of public services. 8. Nature of and impacts on surrounding land use. 9. Environmental impact of the proposed development activity. 10. Application of criteria in LDC relating to the requested petition. 11. Site visit. 12. All such additional relevant evidence shall be made part of the record at the hearing Public Hearing — 1. The decision of the Hearing Examiner shall be in writing and include: Findings and • a. Summary of proposed development activity and the evidence Decision of the Hearing Examiner presented. • b. Findings of fact and conclusions of law, including compliance or noncompliance of the proposed development activity with applicable provisions of the Growth Management Plan (GMP) and the Land Development Code (LDC). • c. A decision to grant, grant with conditions or deny the application with reasons therefore specified, including any recommended conditions. 2. 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. Public Hearing — 1. A verbatim transcript of all public hearings before the Hearing Examiner shall be Record of hearing recorded bythe Clerk of the Board and also transcribed by an official court reporter. before the Hearing Any person may request and obtain a transcript of the record from the court reporter Examiner at their own expense. 2. The record of the hearing before the Hearing Examiner shall consist of: • a. The application and accompanying documents. • b. Staff reports, written submissions and recommendations. • c. All exhibits and documentary evidence. • d. The decision of the Hearing Examiner. Is e. Verbatim transcript of the proceedings. Pub"E Wear„ n ,< <hAll b fii d w4h rh Clprktp the R and Af r -inty r Dackeann to L.e ,-Pied Public Hearing — A copy of the decision of the Hearing Examiner is required to be filed with the Clerk of the Decision of the Board within 30 working days after the conclusion of the public hearing before the Hearing Examiner Hearing Examiner. The Hearing Examiner will deliver all decisions by electronic mail or regular mail. An amendment to the decision can occur for scrivener errors. 286 1 Page Revised: 2/17/2023 Packet Pg. 783 Text underlined is new text to bead cled Text,strikethFo gh is ..4M.4tA hRd..1..4...E 10.A. b Collier County Land Development Code I Administrative Procedures Manual Chapter9 / Office of the Hearing Examiner Public Hearing — Decisions of the Hearing Examiner shall be noted for information purposes on the zoning Decisions to map for variances, conditional uses, and boat dock extensions. Notated on Zoning Map Public Hearing — 1. On motion by a party, the Hearing Examiner may grant a rehearing on an application Reconsideration of for the following reasons: m Matter by the a. Mistake, inadvertence or excusable neglect; Hearing Examiner • b. Newly discovered evidence which by due diligence could not have been discovered in time for the original hearing; or • c. Fraud, misrepresentation or other misconduct of an adverse party. 2. The motion for reconsideration by a party shall be made prior to the deadline for filing an appeal. The filing of such a motion tolls the time for filing an appeal. The time for filing an appeal shall begin anew in full upon the Hearing Examiner's denial of such a motion. 3. Upon the Hearing Examiner's approval of such a motion. the County will schedule the public hearing before the Hearing Examiner and provide public notice to the parties and record participants. The reconsideration hearing shall be conducted in accordance with the aforementioned rulesof procedures and order of proceedings. Public Hearing — Continuance(s) of the public hearing shall be permitted for good cause as determined by Continuance(s) the Hearing Examiner on the date of the scheduled hearing. If the continuance of the public hearing is to a specific date and time, then re -advertisement of the hearing shall not be required. Public Hearing — 1. Within 30 days after the Hearing Examiner's written determination has been Appeal ofthe rendered, eitherthe County or the landowner may appeal the determination to the Decision by the Board of Gownty Commissioners Zoning Appeals. Any additional fee for a landowner - Hearing Examiner initiated appeal must accompany the appeal. At the public hearing, the Board of Cewnty (;^mmissieners Zoning Appeals will reviewthe record created by the Hearing Examiner's proceedings, but the Board may by majority vote accept evidence not presented to the Hearing Examiner. 2. The Board of County Commissioners may: • a. Affirm the Hearing Examiner's determination, with or without modifications or conditions; or Updated • b. Reject the Hearing Examiner's determination, exceptthat the Board may not modify the determination or impose conditions, or rejectthe Hearing Examiner's determination unless the Board expressly finds that one or more of the Hearing Examiner's findings of fact or conclusions of law is not supported by competent substantial evidence in the official record, or that the Hearing Examiner's determination otherwise specifically failed to properly apply one or more of the criterion in the LDC or GMP. 3. Any appeal of the Hearing Examiner's decision by a non-party . shall be heard by the circuit court. 287 1 Page Revised: 2/17/2023 Packet Pg. 784 10.A. b Text underlined is new text to bead cled Text,strikethFo gh is ..4M.44.. hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter1O / Where to Find Current Information Chapter 10. Where to Find Current Information This Administrative Code references a number of documents that are important to the development process. All of these documents are available at the Planning & Zoning Department Development Services offices, or online at the references listed below. These documents include: Document Collier County Growth Management Plan ("GMP") Collier County Land Development Code (LDC) Zoning Map Description Reference The GMP establishes the County's official Online at policies for land development. All land hap .ii,.,,.,..,,.eIliergev no«nnd development regulations and permits asp)c??page-297 must be consistent with the GMP. The LDC includes the regulations that implement the GMP. The processes in the Administrative Code are based on the LDC. The Zoning Map shows the boundaries of the County's zoning districts. Code of Laws and Ordinances of The Code of Laws consolidates the Collier County, Florida ("Code of County's laws - its general and permanent Laws") ordinances. Several provisions of the Code of Laws are implemented by procedures in the Administrative Code. Florida Statutes These include the state constitution and state laws. The Administrative Code https://www.colliercountvfl.eov ove rn me nt/growth- management/divisions/planning- and-zoning- division/comprehensive-planning- section/growth-manaeement- plan Online at http://Iibrary.municode.com/inde x.aspx?clientld=13992&stateld=9 &stateName=Florida (see discussion below) Online at https://www.colliercountvfl.gov overnment/growth- management/divisions/planning- and-zoning-division/zoning- assistant/find-mv-zoning Online at http://Iibrary.municode.com/inde x.aspx?clientld=10578&stateld=9 &stateName=Florida Online at http://www.leg.state.fl.us/Statut es/index.cfm 288 1 Page Revised: 2/17/2023 Packet Pg. 785 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter10 / Where to Find Current Information includes various references to the state statutes. Planning & Zoning pe - -+. ent This includes individual division website Online at Growth Management links, information on popular services, https://www.colliercountyfl.go Community Development organization charts, b44g-"� y/government/growth- Department website anfermat+aF;, applications, contacts, and management. other information relating to land development in Collier County. You can download Planning, Zoning and Land Use Application forms at https://www.colliercountyfl.go v/government/growth - management/divisions/planni ng-and-zoning- division/planning-and-zoning- applications Growth Management These are the feesthat an applicant must Online at Community Development pay when filing an application underthe https://www.colliercountvfl.gov/ Department (GMCD) Fee Administrative Code. The fees offset the home/showpublisheddocument/9 Schedule (September 232999) cost of administering the LDC. The County 7811/637689434468870000 will not accept an application unless the Applicants should check the required fee is paid. website before filing an application, because the fees change from time to time. The Land Development Code (LDC) is codified on the Municipal Code Corporation's website at www.municode.com. Click ">e Code Library," then click "Florida," then click "Collier County," and then click the "Collier County Land Development Code." The codified ordinance may not be current. To find ordinances that have amended the LDC since its most recent codification, go the Collier County Clerk's website at �••^WW^^"ieFE!eF' E8FA/FeEeF S seaFEh https://app.collierclerk.com/records-search/bmr-records-search — click "Board Minutes and Records," then—AGGept," and thLa^ Glick "RnAR "REg, Boards Minutes and Records," *ham^ "BMR Validated Ordinances" and then click the year of the ordinance. Members of the general public may find it difficult to search through the minutes to locate an LDC provision they are interested in. A member of the Planning& Zoning Departmeni Division staff can assist you with finding the most current ordinances that affect development in your neighborhood or of your property. General descriptions and the amended LDC section for each ordinance can be searched by clicking on the County's Land Development Code website at the following hyperlink: https://www.colliercountvfl.gov/government/growth- management/divisions/planning-and-zoning-division/land-development-code-and-amend ments/approved- ordinances. Printed copies of the LDC, Growth Management Plan, and forms are available for purchase at the Growth Management Community Development Department building, located at 2800 N. Horseshoe Drive, Naples, FL. 289 1 Page Revised: 2/17/2023 Packet Pg. 786 10.A. b Text underlined is new text to bead cled T.,..+n4.1..,+h..,..h!6 ..4M.44..[;LQ dRleted Collier County Land Development Code I Administrative Procedures Manual Chapter10 / Where to Find Current Information Chapter 11. Contact Information Contact information is available on the County website. When an application is filed with the DlanRiRg & ZeR+'^^ DepaFtmen applicable division, the appropriate staff member is assigned to the application. Staff will conduct a Completeness and Processing and will contact the applicant about whether the filing is in order. The applicant can contact the assigned staff member throughout the various steps of each process. 290 1 Page Revised: 2/17/2023 Packet Pg. 787 10.A. b Text underlined is new text to bead ded Text..4.ikethFo gh is ..4M.44.. hRd..1..4...E Collier County Land Development Code I Administrative Procedures Manual Chapter10 / Where to Find Current Information Chapter 12. Acronyms A — Rural Agricultural Zoning District AAB —Architectural Arbitration Board ACOE — Army Corps of Engineers ACP —Agricultural Clearing Permit ACSC —Area of Critical State Concern ADT— Average Daily Trips AFW —Administrative Fence Waiver APR —Administrative Parking Waiver ASI —Area of Significant Influence AVA —Administrative Variance BCC — Board of Collier County Commissioners BD — Boat Dock Petition BMUD — Bayshore Drive Mixed Used District BOAA —Building Board of Adjustment and Appeals BP — Business Park District BZA — Board of Zoning Appeals C-1— Commercial Professional General Office District C-2 — Commercial Convenience District C-3 — Commercial Intermediate District C-4 — General Commercial District C-5 — Heavy Commercial District CCME — Conservation and Coastal Management Element CCPC — Collier County Planning Commission CCSL(P) — Coastal Construction Setback Line (Permit) CDD —Community Development District CEB — Code Enforcement Board CF —Community Facility CIE — Capital Improvement Element CIP — Capital Improvement Program CMO —Corridor Management Overlay CNSTR —Construction Plans C.O. —Certificate of Occupancy COA —Certificate of Public Facility Adequacy CON —Conservation Zoning District CRD —Compact Rural Development CSP — Conceptual Site Plan CU —Conditional Use DBH —Diameter at Breast Height DEO —Department of Economic Opportunity D.O. —Development Order DRI —Development of Regional Impact DSWT — Dry Season Water Table E — Estates Zoning District EAC— Environmental Advisory Council EIS — Environmental Impact Statement EPA — Environmental Protection Agency EWA — Early Work Authorization EXP — Excavation Permit FAC— Florida Administrative Code FDEP —Florida Department of Environmental Protection FDOT — Florida Department of Transportation FFWCC— Florida Fish & Wildlife Conservation Commission FIAM —Financial Impact Analysis Module FIHS — Florida Interstate Highway System FLUCFCS - Land Use Cover and Forms Classification Syste m FLUE — Future Land Use Element FLUM —Future Land Use Map FP — Minor Final Plat FS — Florida Statutes FSA — Flow way Stewardship Area GC —Golf Course GGAMP — Golden Gate Area Master Plan GGPPOCO — Golden Gate Pkwy Professional Office Commercial Overlay District GMCD — Growth Management Community Development Department GMP —Growth Management Plan GPCD —Gallons Per Capita per Day GT — Gopher Tortoise GWP — Ground Water Protection Zone GZO—Goodland Zoning Overlay HAPB — Historic Archaeological Preservation Board HSA — Habitat Stewardship Area I — Industrial Zoning District ICBSD — Immokalee Central Business Subdistrict LDC — Land Development Code LOS — Level of Service LPA— Local Planning Agency LDBPA- Limited Density Bonus Pool Allocation LSPA— Littoral Shelf Planting Area M/F — Multi -family Use or Zoning MH —Mobile Home MHO —Mobile Home Overlay MLW — Mean Low Water MPP — Manatee Protection Plan MUP — Mixed Use Project NBMO — North Belle Meade Overlay NC —Neighborhood Commercial District NRPA — Natural Resource Protection Area NAVD — North American Vertical Datum NGVD —National Geodetic Vertical Datum O.C. —On Center 291 1 Page Revised: 2/17/2023 Packet Pg. 788 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.44.. hRd@IRt..r1 Collier County Land Development Code I Administrative Procedures Manual Chopter12 / Acronyms P —Public Use District PDI- PUD Insubstantial Change PPL— Plans and Plat PSI —Pounds Per Square Inch PSP — Preliminary Subdivision Plat PUD —Planned Unit Development RSF — Residential Single -Family Districts RCW — Red Cockaded Woodpecker RFMU — Rural Fringe Mixed Use District RLS — Request for Legal Service RLSA(0) — Rural Lands Stewardship Area (Overlay) RMF—Residential Multi -Family Districts RNC — Residential Neighborhood Commercial Subdistrict R.O.W. — Right of Way RSF —Residential Single -Family SBCO — Santa Barbara Commercial Overlay District SBR —School Board Review SDP — Site Development Plan SDPA — Site Development Plan Amendment SDPI —Site Development Plan Insubstantial Change S/F —Single Family Use/Zoning SFWMD —South Florida Water Management District SLR —Sound Level Reduction SRA —Stewardship Receiving Area SSA —Stewardship Sending Area ST —Special Treatment Zoning Overlay ST-NAR — Special Treatment -Natural Aquifer Recharge SWFRPC —Southwest Florida Regional Planning Council TCEA —Transportation Concurrency Exception Areas TCMA —Transportation Concurrency Management Areas TDR — Transfer of Development Rights TP —Turtle Permit TTRVC — Travel Trailer Recreational Vehicle Campground UMAM — Uniform Mitigation Assessment Method USFWS —United States Fish & Wildlife Service USACOE — United States Army Corps of Engineers VOB —Vehicle on the Beach Permit VR —Village Residential Zoning District VRP —Vegetation Removal Permit VRSFP — Vegetation Removal & Site Fill Permit W — Waterfront District SIP —Site Improvement Plan WRA — Water Retention Area (within RLSA) SIPI —Site Improvement Plan Insubstantial Change WRAP —Wetland Rapid Assessment Procedure 292 1 Page Revised: 2/17/2023 Packet Pg. 789 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter13 / Glossary Chapter 13. Glossary Addressing An addressing checklist is a form that must be signed by a member of the Addressing Staff Checklist This form indicates the petition type, the legal description, folio/property identification number, the street address, location information, and a survey for unplatted properties. The addressing checklist form can be found on the Collier County website, on the Zoning and Land Use Application page. Applicant A person or entity who files an application with the Growth Management Community Development Department, including their representative or agent. Applicant Contact The applicant contact information should include, but not limited to the following: Information . Applicant/owner or agent's: o Name; o Address; o Phone number; o Email address; and o The name of the firm where the agent is employed, if applicable. Architect A natural person who is licensed under F.S. Chapter 481, Part I to engage in the practice of architecture. ...................................................... _....................................................................................................................................................................................................................................................... Engineer A person who is licensed to engage in the practice of engineering under F.S. Chapter 471, and who practices principally in the design and construction of public works or infrastructure. ....................................................... ....................................................................................................................................................................................................................................................... Collier County The general codification of the general and permanent ordinances of Collier County, Code of Laws & Florida. The Code of Laws and Ordinances is available online at www.municode.com. Ordinances Electronic Copies An electronic version of all plans and documents, in PDF or Word format, on a CDROM as of all Documents part of the submittal package. Landscape A person who holds a license to practice landscape architecture in the State of Florida Architect under the authority of F.S. Chapter 481, Part II. Land The Collier County Land Development Code 2004-41. The LDC is available online at Development www.municode.com. Code (LDC) ..................................................... _................................................................................................................................................................................................................................... Mailed Notice q See LDC section 10.03.05 B. ..................................................... _................................................................................................................................................................................................................................... NIM q See LDC section 10.03.05A. 293 1 Page Revised: 2/17/2023 Packet Pg. 790 10.A. b Text underlined is new text to bead cled Collier County Land Development Code I Administrative Procedures Manual Chapter13 / Glossary Newspaper q See LDC section 10.03.05 C-, and in accordance with F.S. section 125.66. Advertisement ...................................................... .................................................................................................................................................................................................................................................... Official Zoning The map that shows the location and boundaries of the zoning districts established by the Atlas LDC section 2.02.01. Planner A person who is certified by the American Institute of Certified Planners (AICP). ......................................................... _.............................................................................................................................................................................................................................................................. Proof of A copy of the recorded deed, contract for sale or agreement for sale, or a notarized Ownership statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. The application shall also present a notarized letter of authorization from the property owner(s) designating the applicant as the agent acting on behalf of the owner(s). .......................................................... ............................................................................................................................................................................................................................................................. Property The folio number that identifies a property or the parcels that are assigned by the Collier Identification County Property Appraiser. Number Property Owner The owner of the property that is subject to an application for development approval, or the designated agent or attorney. Property Owners Persons or entities who own property in the area that are subject to a mailed written in the notice of a hearing, pursuant to LDC subsection 10.03.05 B., q See Chapter 8 of the Notification Area Administrative Code for additional information. PUD Ordinance The following list of documents and materials shall be provided for the following land use and Development applications, including, but not limited to: SDPs, SDPAs, PPLs, and PUDAs. The Planning& Commitment Zoning Department Division shall reviewthe PUD materials concurrentwith all applicable Information land use applications. 1. PUD ordinance and any amendments. 2. A copyof the latest approved agreements. 3. An itemized list of all commitments identified within the agreement/ordinance and a corresponding detailed status report of the commitments. 4. Notarized affidavit from the owner/authorized agent that certifies all commitments within the agreements or PUD are compliant or not applicable at this time, or that work identified in the application being submitted fulfills the outstanding commitments. 5. An up to date site drawing illustrating (exceptfor DRls): • a. All on -site and off -site infrastructure identified as a commitments which have been completed or are pending such as turn lanes, entrance lighting signalization, right-of-way dedication, water management, well fields, conservation easements, sidewalks, interconnections, etc. • b. Other information as may be required by the County Manager or designee that is consistent with the monitoring of agreements and PUD ordinances. ...................................................... ..................................................................................................................................................................................................................................................... Sign q See LDC section 10.03.05 D. 294 1 Page Revised: 2/17/2023 Packet Pg. 791 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter13 / Glossary SOM G* See LDC section 10.03.05 Wand X. 295 1 Page Revised: 2/17/2023 Packet Pg. 792 10.A. b Text underlined is new text to bead cled TextstrikethFo ghis ..4M.44.. hRd..1..4..r1 Collier County Land Development Code I Administrative Procedures Manual Chapter14 / Appendices Chapter 14. Appendices Appendix A. The following is a flow chart identifying the State, Regional and Local Review Procedure. Development of Regional Impact (DRI) Procedure *F.S. section 380.06 Contact Regional Planning Council (RPC) Pre -application meeting with RPC and the County Fileapplication with Nkartment of Economic Opportty (DEO), Planning and Z ng Department and thp.,XPC 30 Days Maximum o--- Applicant agrees to provide information Sufficiency determined by RPC o Applicant declines to provide Yes information The Coun sets hearing date and publishe otice at a regular meeting 60 Days Minimum 50 Days Maximum 90 Days Maxim RPC Report submi d to Planning and Zoning Depa ent RI Public Hearing 30 Days Maximum Development Order (D.O. 45-day Appeal period begins once Di9�is rendered to DEO. 296 1 Page Revised: 2/17/2023 Packet Pg. 793 Text underlined is new text to bead ded !6 ..4M.4tA[;LQ dRIL949d 10.A. b Collier County Land Development Code I Administrative Procedures Manual Chapter14 / Appendices Deveicpment of Regional Impact (DRI) Praced ure 3W.vs This ttawuhart is based upon the State Land Planning Agency (S£PA) issuance of f hre Notice of Intent (N01) and funding 'in Compliance" and no challenges by an affected part}' - Pre -application meeting nith County Staff He Comprehensive Plan Amendment and DRI application with � Planning and Zoning Division; pursuant to F.S.163-31"4) and (5} State Coordinated Review Process * Applicant awrees to provide information Sufficiency Determined by Staff to subrniE complete plan amendment to State Land Planning Agency and Applicant decfrnes to proviae informa ia- Review Agencies including RPC County holds PC and BCC TransrnMl public hearings dates at reguiar meetings County holds Plan Amendment and j DRI Adoption public hearings Final Development Order (DO) Issued and Nance of aO recorded by OwneFiDeveloper with Clerk of Circuit Court State Land Planning Agency (St_PA) issues Objections; Recommendations and Comments Report (ORC) 30-dap Appeal period begins once DO is rendered to DE 297 1 Page Revised: 2/17/2023 Packet Pg. 794 10.A. b Text underlined is new text to bead ded Collier County Land Development Code I Administrative Procedures Manual Chapter14 / Appendices Appendix B The followinp- is the Hearing Examiner's Review Process Flowchart ra u O LL q.0 :N QJ N 2 X w 2 (od7) Aauao}}tl AjunoD MH sunoD }o MaaID }ueaijddy gels sdo A1unoD }}eIs OUIUoZ 298 1 Page Revised: 2/17/2023 Packet Pg. 795 ATTACHMENT 1 10.A.c Staff Responses to CCPC's Recommendations Proffered During 12-17-20 Meeting and 1-05-23 1) On future amendments to the Administrative Procedures: Build in a layer of review by the CCPC before it goes to the BCC. Response: Staff will carry the CCPC's request to the Board for their direction. Agreed. 2) "Correct the inconsistency or ambiguity between the LDC and the administrative procedures as to who has what role". Response: This clarification will be made in a future LDC amendment as listed on Attachment 3 and both will be heard together at the same hearing. 3) Identify "How does the CCPC decide which matters come to the CCPC and which should go to the HEX?" In staff's judgement what should the CCPC focus on and pay careful attention to? What is the "great concern" or "great public interest"? Who makes the call? Response: o For each land use petition, the focus is on the standards and criteria set forth in the GMP and LDC. o The CCPC and HEX should both retain the authority to decide the nature and circumstances of a specific land use petition that warrants a greater public concern for a legitimate public purpose. • Staff should identify those land use petitions that require a greater public concern or purpose to bring back to the CCPC based upon some objective criteria that is determined by staff and LDC. 4) The staff person, facilitator, shall emphasize neutrality and enforce the LDC or see to it that the administrative procedures and LDC are being followed by the applicant. Response: Staff will carry the recommendation forward to the Board. Agreed. 5) For PUD Insubstantial Change, amend LDC 10.02.13 E.2. Response: The HEX hears all insubstantial changes, except when the nature of the land use petition and related circumstances thereof are determined by the HEX to require Planning Commission review and approval as a Decision Maker. 6) Amend LDC to add definition for "Comparable Use Determination" as follows: Response: "It is a determination that a use is comparable, if it is similar, compatible, and consistent with the list of identified permitted uses in a standard zoning district, overlay, or PUD ordinance. " Staff agreed. 1 J:\LDC Amend ments\Advisory Boards and Public Hearings\CCPC\2023\03-02\Meeting Materials\Staff Response to CCPC comments 01-05-23 Attachment 1.d ocx Packet Pg. 796 ATTACHMENT 1 10.A.c 7) Require both, a written transcript and video of the NIM and each speaker to be identified by name in the transcript. Response: Staff will carry the recommendation forward to the Board. Alternatively, address it when the " Rules of Decorum for a NIM" LDCA is vetted and state only the applicant and applicant's agents would be required to identity themselves by their names. All other speakers would be " encouraged" to identify themselves. Also require a written transcript, one that applicant is liable for, or provide either an audible audio or video that the applicant is liable for. Agreed. Additional Comments by Chairman Commissioner Fryer: On Agenda packet page 1538, the Planning Commission has oversight for insubstantial PUDAs. However, the text of 10.03.06 H identifies the HEX or Planning Commission as a potential. If it's truly insubstantial, it should be heard by HEX. So, there is some inconsistency. o This clarification will be made in a future LDC amendment. • LDC 10.02.13 E.2. PUD procedures: Changes and Amendments, states an Insubstantial Change Determination require review and approval by CCPC. o The inconsistency will be clarified in a future LDC amendment. Staff notes the following: LDC 10.02.13 E.3. PUD procedures: Minor Changes, require approval by the County Manager or designee as established in the Administrative Code and by LDC 10.02.13 E.1. Substantial Changes require CCPC and BCC approval. On Page 1537, there is a reference to the requirement for a NIM. In this new language the HEX, in his or her own discretion, would be the only person authorized to say we don't need a NIM. o Staff suggest it be retained as the HEX has the right to require full review by the CCPC and BCC in certain cases. o An example is LDC section 10.03.06 H 2. that states: "The following notice procedures are required: ■ a. For a PDI, a NIM. Per LDC section 10.03.05 A. However, upon written request by the applicant, the Hearing Examiner has the discretion to waive the NIM after the first set of staff review comments have been issued. " On page 1558, it looks like a definition of comparable -use determination. "A definition is solely needed and the one under L, where it says "applicability" is an excellent one. Because when one says something is comparable, they really mean, it has to do with similarity, compatibility, and consistency. This definition hits it on the head." This definition should be placed in the LDC at the appropriate time. 2 J:\LDC Amend ments\Advisory Bo ards and Public Hearings\CCPC\2023\03-02\Meeting Materials\Staff Response to CCPC comments 01-05-23 Attachment 1.d ocx Packet Pg. 797 ATTACHMENT 1 10.A.c o Staff will carry this recommendation forward to the Board for their consideration. ■ Staff agreed. On page 1559, There are multiple pages where everything is redlined out. A spot check finds not every single word that was redlined was out, it's been repeated. So, it's hard to see how things have changed. "Be more granular in your redlining somehow". Smooth? o The text has been revised and improved to allow the reader to better discriminate between words that are not stricken from those being added. On page 1729, the applicant is instructed to provide an audio or video transcript to staff Here is what needs to be added, the transcript is incomplete unless the speaker is identified by name in the transcript. Add this provision so there is no question about it: the applicant as part of their obligation to deliver a true and complete transcript that require people to identify themselves. o Staff will carry this recommendation forward to the Board for their consideration. ■ Staff agreed. 3 J:\LDC Amend ments\Advisory Boards and Public Hearings\CCPC\2023\03-02\Meeting Materials\Staff Response to CCPC comments 01-05-23 Attachment 1.d ocx Packet Pg. 798 ATTACHMENT 3 10.A.d LDC Amendments 2-09-23 LDC Section Admin. Code Chapter 1.08.00- Add new definition for "Comparable Use Determination". N/A 4.05.02 K.3 a. and b.- Parking exemption. Amend K 3.a. to read as follows: "The BZA, after review and recommendation by the planning commission or the HEX, may approve a parking exemption...." Amend K 3.b. to read as follows: "The HEX or planning commission and BZA, shall consider the following criteria..." 3 F 5.03.06 F- Standards for boathouses. Add HEX review as follows: "Boathouses, including any roofed structure built on a dock, shall be reviewed by the Planning Commission or HEX according to the following criteria....." 3 B.1 5.03.06 G.3- Standards for boat lift canopies. Add HEX review as follows: "...a petition for a boat lift canopy deviation shall be made to the Planning Commission or HEX which shall review a sufficient petition application and either approve or deny the request. " 3 B.3 5.03.06 H- Dock facility extension. Add HEX approval as follows: "In order for the Planning Commission or HEX to approve the boat dock extension request..... " and 5.03.06 H 2.g. "If deemed necessary based upon review of the above criteria, the Planning Commission or HEX may impose such conditions..." 3 B.2 8.10.00 B- Hearing Examiner. Delete in its entirety: n A-'e. ^„ Planning Goff ails ^„ T4@ Roard- of Cow nty Commiccionerc %Nhile a He Examiner is employed by the 9 -@ring thrni the Collier ('ni inty He-arina FVaminer (lrrlinanre (No 2013-25 as May he gh ComPrisss**op or Roam. of 7Gnon Appeals, the Cas@ any with r@sp€ctt9 dhe- c@ss .be-,, Replace with the following: Remand of Development Order. The Board of County Commissioners, by majority vote, may remand any advertised public hearing involving a development order to the Hearing Examiner for the sole purpose of opiningon n a legal or technical land use issue during the hearing. The Hearing Examiner will issue a non -binding recommendation to the Board with respect to the issue remanded, which recommendation shall become part of the record when the matter is again heard by the Board. (Ord. No. 2020-08 Section 5.5 . 9.03.02 D- Change in use. Modify to add HEX as follows: "If no structural alterations are made,... , provided the Hearing Examiner or bBoard of Zoning aAppeals, upon application to the County Manager or designee, ."and "In permitting such change the Hearing Examiner or bBoard of Zoning aAppeals may require appropriate conditions and safeguards in accordance with the intent and purpose of the LDC." 6 H 9.03.03 B.4- Modify to read as follows: "Nonconforming residential structures,....., may be altered, expanded, or replaced upon recommendation of the Hearing Examiner or the Collier County Planning Commission and approval of the Board of Zoning Appeals by resolution." N N O N fn c CD E c CD E as O t� d M L N E d .N c a� L Q. E 0 U Packet Pg. 799 10.A.d ATTACHMENT 3 9.03.03 B.5- Nonconforming structures. Modify to read as follows: "Prior to granting such alteration, expansion or replacement of a nonconforming single-family dwelling, 6 H duplex or mobile home, the Planning Commission and the BGE Board of Zoning Appeals shall consider and base its approval on the following standards and criteria:..." 9.03.07 DA b. and D.5- Nonconformities Created or Increased by Public Acquisition: Post Take Plan; Approval Criteria and Process. If written objection is duly received, the matter shall be scheduled before the GCPF HEX. Amend approval, 6 J approval with conditions or denial by GCPG to HEX. If HEX decision is appealed, then to Planning Commission and BZA. 9.04.06 G.2- Amend coastal construction setback line variances to read: "An application for coastal construction setback line (CCSL) variance shall be considered by the BCC or 4 B HEX pursuant to the following public notice..." 5-. D.1, D.2, D. 3, E.1, F , Sections 10.02.05 B.21.,10.02.04 B.3 d., and10.02.03 I. Modify the Digital and G. 4-: Submission paragraphs and Electronic data requirements for SDP,SIP, and amendments I.2, I.3,1.4, thereof, to replace the words " I GPRQN4 of the master plan file...." and " k Chapter 13 () of the master plan file...) with "an acceptable electronic master plan file...". Glossary - Electronic Copies of all Docs. 10.02.06 K 1. -Comparable Use Determination. Add the words "consistent with" to "The following Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature and consistent with the list of permitted uses, and 3 L. the purpose and intent statement of the zoning district, overlay, or PUD". 10.02.06 K 2.d. - Amend to state: "The proposed use shall be similar, compatible and consistent with the other permitted uses in the zoning district, overlay , or PUD." 10.02.13 E.2- If truly an insubstantial PUDI, require HEX review not Planning Commission review. Amend to state the following: "Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance 3 G.3 shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Planning Commission Hearing Examiner. The Hearing Examiner's Planning r pp,.eval decision shall be based on the findings and criteria used for the original application and be an action taken at a regularly scheduled meeting." Modify to state staff shall determine insubstantial changes, using objective criteria, and those land use petitions that are of great public importance, based upon the objective criteria, shall be published in the Administrative Code procedures. 10.02.15 A 2.a. and c.- MUPs Requiring Public Hearing: Amend A 2.a, to read as follows:"MUPS that do not meet the thresholds for administrative approval may be approved by the 13,A BCC through a public hearing process." Amend A 2.c as follows: 3 E " There shall be a public hearing before the R 7, 4 BCC legally noticed and advertised pursuant to LDC section 10.03.06." This correction removes the contradictory statement with LDC 10.03.06 N. which states one PC and one BCC hearing. N N O N N c CD c CD E a) 0 t� d M N E a d .N _ a� L Q. E 0 U a Packet Pg. 800 10.A.d ATTACHMENT 3 10.03.06- Add a Public Notice and Required Hearing for Land Use Petitions chart to N/A remove any inconsistency or ambiguity. 10.03.06 F-Variance. Add new F.3 subsection: Variance to Coastal Construction Setback, pursuant to LDC section 9.04.06: 1. The following advertised public hearing is required: a. One BCC hearing. 3 J 2. The following notice procedures are required: a. Newspaper Advertisement, at least 15 days, prior to the public hearing date. b. Postingof f a sign at least 45 days prior to the public hearing in accordance with LDC section 9.04.06 G.2. 10.03.06 H La. For PDIs, revise text to remove conflict with 10.02.13 E.2. Staff shall 3 G.3 have the discretion to determine whether the CCPC or HEX should review the PDI. 10.03.06 H 2.a. For PDIs, delete " Howeye upon written ,-o. est by the apliea- *,� G.3 h.,.,v bee fl issued- ." HEX has no authority to waive a NIM. 10.03.06 I- Add mailed notice, newspaper advertisements and posting of sign for the 3. D.1 and D.3 Establishment of, and Amendment to a DRI. 10.03.06 0.1.a- For Approval of a Comparable Use Determination, modify to read 3 L (CU-CUD) "The following advertised public hearings are required: a. One CCPC and BZA or & Hearing Examiner hearing." 3 C.4 (PUD- CUD 10.03.06 Q.1a. Appeal of an Official Interpretation of LDC: Delete HEX required 9 remove advertised hearing and replace with CCPC advertised hearing. HEX assignment. 10.03.06 R.- Amend LDC and Administrative Code to add new subsection R 2.c. to 61 require the posting of a sign. 10.03.06 S.2.a - Post Take Plan. Amend S.2.a to read as follows: "If a written objection 6 J is received one Planning Commission or BZA " 10.03.06 U- Delete "n�tei�il� S-4atienWa�iv�" pursuant to LDC section 6 G 5.05.05 and replace with "Facilities with Fuel Pumps". 10.03.06 V La.: Nonconforming Use Change pursuant to LDC 9.03.02 D and Nonconforming Use Alteration, pursuant to LDC 9.03.03. B.5. Add CCPC to "The following advertised public hearings are required: a. One Hearing Examiner or CCPC 6 H and BZA hearing." Subsection 9.03.02 D is Change in Use (NUC). Subsection 9.03.03 B. addresses Nonconforming Use Alteration (NUA). 10.04.04 A. Illustration: Update Applications Subject to Type III Review, graphic flowchart for consistency with current review procedures. Ex. Parking agreements (10 9 HEX year lease) are administrative approved by County Attorney while Variances, Procedures Conditional Uses NUCs and NUAs, Flood Variances are reviewed by HEX. 10.08.00 Conditional Use Procedures: Amend and clarify the procedure and review of 3 C minor conditional use petitions heard by the HEX and when requested by a member of the Board, heard by the CCPC and then the BZA or BCC. N N O N U) c CD E _ CD E a CD 0 c.� d 0 L N E a d .N _ Cl) as a 0 U a Packet Pg. 801 10.A.e DRAFT CCPC Recommendations to BCC to amend certain LDC sections, Code of Laws and Ordinances or Powers and Duties of HEX LDC Section and/or Code of Laws and Ordinances Administrative Code Chapter 10.03.06 Q.1a. Appeal of an Official Interpretation of LDC: Delete HEX required advertised hearing and replace with CCPC advertised hearing. This also requires a companion amendment to COL Sec.2-87 Powers and Duties of HEX and LDC section 10.04.04 Type III appeals. 9 remove HEX assignment for an AOI Packet Pg. 802 10.A.f HEX Hearings -Current Authorization - Items in Green are Listed in HEX Ordinance Code of Review Body, LDC Sec. 10.04.04 Laws Sec. Requried Hearings Admin. Code Land Use Petition Type If HEX's Type 111 Review -HEX 2-83 to LDC Sec. 10.03.06 Chapter9 Recusal (Appeal Body) 87. All Type III Appeals of Administrative Decisions Administrative or Interpretations setforth in LDC section X X (HEX or BZA) X (1) BCC or BZA Appeals (BZA) 10.04.04. X (HEX or PC, if by PC Variances. F. X then BZA) X (18) PC and BZA Variances (BZA) Minor Conditional Uses. MCU is not a case of X (HEX if not of GPC, Conditional Uses great public concern (GPC) as determined by X otherwise PC and BCC X (6) PC and BZA HEX. C. or BZA) NIM (BZ4) Certificate of Minor Conditional Use Extension. D. X X (HEX or BZA) X (8) BZA Appropriateness (BCC) Minor Conditional Use Re -Review. D. X X (7) BCC Vested Rights (BCC) Boat Lift Canopy Deviation and Dock Facility X (HEX or PC) (PC per Flood Variances X X (5) PC Extensions per LDC sections 5.03.06 G. and H. LDC 5.03.06) (BZA) BCC may remand any advertised public hearing of a development order to HEX for purpose of X opining on legal or technical land use issue rasied during the hearing. HEX may be assigned powers and duties prveiously granted to CCPC or BZA except those powers reserved to CCPC as local planning X agency and land development regulation commission as required by F.S. 163.3174 and 163.3194. X (HEX or BZA) Agent Alcohol Beverage Distance Waiver. U. Letter X (2) BZA Appeal of Official Intrepretation of LDC. Q. X (BZA or HEX) X (3) BZA Facilities with Fuel Pumps Waiver per LDC X (HEX or BZA) X (4) BZA section 5.05.05 6.2. Boathouse Establishment. H. X (PC or HEX) PC Comparable Use Determination. O. X (CCPC or HEX) X BZA Deviations in Golden Gate Parkway Overlay HEX or PC, if by PC X District. R. then BZA Chapter 6.M BZA Events in County ROW. Z. X (HEX or BCC) BCC BZA Limited Density Bonus Pool Allocation (LDBPA) X (PC or HEX, if by PC for Multi -Family or Mixed Use Developments on then BZA) Pursuant to X Chapter 6. N Two Contiguous Acres or Less. R LDC 4.02.16 C. 13 Non -Conforming Use Change (NUC) and Non- X (HEX or BZA) X (9) Chapter Nonconforming Use Conforming Use Alteration IN UA). 10.03.06V 6.H BZA Amendments 9.03.02 D: Change in Use BZA or HEX 9.03.03 BA: Non -Conforming Residential PC and BZA. HEX or Structures PC and BZA. 9.03.03 B.5: Rebuild After Destruction, Aleration, Expansion or Replacement of Non- PC and BCC. PC and Conforming SF Dwelling, Duplex or Mobile Home BZA. X (HEX or PC, if by PC Parking Agreements Parking Exemption with Public Hearing. G. X (10) PC and BZA then BZA) by County Attorney Post Take Plan, if applicable. S. X (HEX or PC) X (11) BZA PUD Extension. With CAC Update, this will be X (12) PC deleted. PUD Insubstantial Changes (PDI). H. X (HEX or PC) NIM X (13) PC PUD Minor Change to Remove Affordable X (HEX or BCC) If X (14) BCC Housing Contribution. T. written objection. PUD Comparable Use Determination. 0. X (PC or HEX) X (19) BZA (PC and BZA) LDC Sign Variance. F. X X (15) PC and BZA section 5.06.08 C. Site Plan with Deviations for Redevelopment X-(HEX or PC, if by PC Non- Projects and in GGPOD. R. LDC 10.02.03 F.6 and X (16) Administrative 4.02.26 E. then BZA) PC and BZA Stewardship Receiving Area (SRA) Insubstanital X (HEX or PC, if by PC X (17) PC and BCC Changes, including MinorText Changes. then BCC) NIM Note: COL Sec. 2-88, Appeals from HEX Decisions are sent to BZA or BCC. Comparable o Permits. Use BZA nerrmination; Note LDC 10.02.06 K ot I HEX or BZA I I BZA Mixed Use Project -Density Bonus Pool Allocation or Deviations that exceed administrative approval I (BZA) Legend Notes: Green highlight indicates "X" indicates HEX assignment Petition Type per current HEX Ordinance and (N) in Administrative Code change. Red font indicates proposed and Contract. Chapter assignment. 2/3/2023 Appeal Clause LDC Section 1.06.01 D.6 10.09.00 D 10.08.00 D 2.03.07 E.2.gg 9.02.08 9.04.05 A.3 5.04.05 A.5.e. Packet Pg. 803