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HEX Agenda 05/25/2023COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 May 25, 2023 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Ailyn.Padron(a�,CollierCountyFL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. Collier County Hearing Examiner Page I Printed 511812023 May 2023 Pledge of Allegiance Review of Agenda 3. Advertised Public Hearing A. Petition No. PDI-PL20230000465 — US 41/ Creative Drive - Request for an insubstantial change to Ordinance No.18-29, the Torres Family Trust CPUD, to allow an access point on US 41 subject to closure and replacement with up to two access points on Creative Drive, to provide that no wall is required along the eastern and southern CPUD boundaries adjacent only to Tract P, Preserve, and to amend the master plan. The subject property is located on the south side of US 41, approximately one-half mile southeast of Manatee Road and, opposite and southeast from Naples Reserve Boulevard, in Section 12, Township 51 South, Range 26 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 1 B. Petition No. PDI-PL20220008309 - Creekside Commerce Park - Request for an insubstantial change to Creekside Commerce Park Commercial Planned Unit Development (CPUD) by requesting a modification to a deviation to allow Tracts 2 and 3 to qualify for the alternative architectural compliance process contained within section 5.05.08.G of the Land Development Code (LDC). The subject tracts comprise 8.67 acres located south of Immokalee Road and East of Arthrex Way at 1255 and 1265 Creekside Parkway and 1284 Innovation Drive in Section 27, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 4. Other Business 5. Public Comments 6. Adjourn Collier County Hearing Examiner Page 2 Printed 511812023 3.A 05/25/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Doc ID: 25408 Item Summary: Petition No. PDI-PL20230000465 — US 41/ Creative Drive - Request for an insubstantial change to Ordinance No. 18-29, the Torres Family Trust CPUD, to allow an access point on US 41 subject to closure and replacement with up to two access points on Creative Drive, to provide that no wall is required along the eastern and southern CPUD boundaries adjacent only to Tract P, Preserve, and to amend the master plan. The subject property is located on the south side of US 41, approximately one-half mile southeast of Manatee Road and, opposite and southeast from Naples Reserve Boulevard, in Section 12, Township 51 South, Range 26 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 1 Meeting Date: 05/25/2023 Prepared by: Title: Principal Planner — Zoning Name: Sean Sammon 05/02/2023 8:45 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 05/02/2023 8:45 AM Approved By: Review: Operations & Regulatory Management Michael Stark Review Item Zoning Sean Sammon Review Item Hearing Examiner (GMD Approvers) Diane Lynch Review Item Zoning Sean Sammon Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Division Director Hearing Examiner Andrew Dickman Meeting Pending Completed 05/08/2023 8:17 AM Skipped 05/02/2023 8:44 AM Completed 05/12/2023 3:20 PM Skipped 05/02/2023 8:44 AM Completed 05/12/2023 4:12 PM Completed 05/17/2023 10:32 AM 05/25/2023 9:00 AM Packet Pg. 3 3.A.a Cot(16r County STAFF REPORT 1 . :: I0010.: a I► FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MAY 25, 2023 0 SUBJECT: PDI-PL20230000465, TORRES FAMILY TRUST CPUD (PUD) c M N O N J APPLICANT: AGENT: a 00 0 Torres Family Holdings, LLC Josephine Medina, AICP, LEED Green Assoc. LO N 7742 Alico Rd RVi Planning + Landscape Architecture Ft. Myers, FL 33912 28100 Bonita Grande Dr., Ste 305 a Bonita Springs, FL 34135 REQUESTED ACTION: The petitioner requests for an insubstantial change to Ordinance No. 18-29, the Torres Family Trust CPUD, to allow an access point on US 41 subject to closure and replacement with up to two access points on Creative Drive, to provide that no wall is required along the eastern and southern CPUD boundaries adjacent only to Tract P, Preserve, and to amend the Master Plan. GEOGRAPHIC LOCATION: The subject property is located on the south side of US 41, approximately one-half mile southeast of Manatee Road and, opposite and southeast from Naples Reserve Boulevard, in Section 12, Township 51 South, Range 26 East, Collier County, Florida, consisting of ±5.8 acres (see the location map on page 2). Page 1 of 11 Torres Family Trust CPUD, PDI-PL20230000465 April 20, 2023 Packet Pg. 4 - 99170000£ZOZ'ld : BOV9Z) (I(3d) andO Isnal AIluaed saaaol - 99'P0000£ZOZ-ld - :podeM }}e;g :;uewLjogjV ns LO M a m Y V WAX �CCCCCO��Q Sam �1 z LU ML85D CIRCLE � € CL a o - N J a¢ � � bgpl• rrf, l'�}IIRAPUft. C a 5iu W CA as {S lu C 0 � dU07.ra�R,�{ V7 #ff1 + \ J ti q's Jail#R,IA'� � Al v C. I '^t.J Page 2 of 11 Torres Family Trust CPUD, PDI-PL20230000465 LO to O O 0 O co cI%V CD N J L D c 2 0 O J April 20, 2023 M a 3.A.a PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting to relocate the access point to the CPUD from Creative Drive to US 41. The applicant is also requesting clarity on the Master Plan that no wall is required along the eastern and southern CPUD boundaries adjacent to Tract P, the on -site preserve area (see image below). 7 IMPERIAL WILDERNESSSECTIONN!'�F � TTRVC (CONDOMINIUM BOOK 25, PAGES 109-115) + _ COLLIER COUNTY WATER -SEWER PrlRCFL A5 RECORDED IN O.R. lOt] FG. ]ORB &1890 '25 TYPE 8 LS B ('� BUFFER BERM '25'TYPE 'ff' BUFFER BERM C,.�1. �J•---i----------_. _i _ f�__. ... _.---T a 10' TV "A" 25' TYPE "B" LS BUEFEA ` 4ES BE ER WALL B BERM P1 ;OMMITMINT WPRESERVEPn DEVELOPUBJECTRAfTPJPUDDEVELOPER�/' III EI.RD ACRES K d Q� // TRACTC- COMMERCIAL Wum �YJ 5.06 ACRES Y O QQ 1 _9 CONDITIONAL POTENTIAL CONDITIONAL POTENTIAL '10'TYPE"0" ACCESS" " LS BUFFEfl Q YP 10'TE'W LS BUFFER SSW p ---------- - 60 RDA NT 'FlDD"P* PUD O.R. ROOK 1911, PAGE 144 MASTER PLAN ® �o SCALE: 1".10' E LAND USE SUMMARY U4ND USE AREA JACI I % TRACT"C" 5.06 86.35% TRACT"P" BAD 13.66% TurAL=l 5.86 1 100-00% TORRES FAMILY TRUST LEGEND — - BUFFER -- PROPERTY BOUNDARY ACCESS POINT f CHANGE IN BUFFER TYPE PRESERVE 0 0 O O M N 0 N J a 00 0 N `PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVALIN OPEN SPACE ACCORDANCE WITH LDC SECT1ONS 4.D6.02 AND 4.06.05.E.2. MIN. REQUIRED/ SUPPLEMENTAL PLANTJNGS WITH NATIVE PLANT MATERIALS PROVIDED; 169 AC(30%) SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07, NO WALL SHALL BE REQUIRED BETWEEN PRESERVES AND ADJACENT PROPERTY LINES. "ACCESS POINTS SUBJECT TO POO DEVELOPMENT COMMITMENT III(B) EXHIBIT In 2018, the Torres Family Trust was rezoned by the Board of County Commissioners per Ordinance 2018-29 from Rural Agriculture (A) to a Commercial Planned Unit Development (CPUD). It was allowed to develop a maximum of 60,000 square feet of commercial uses ranging from mini self - storage warehousing and group housing facilities and including a minimum of ±0.8 acre (34,848 SF) preserve area near the south and southeastern boundary. Nothing has been developed to date. Bordering the western boundary of the CPUD is Creative Drive, a private road, which is a 60-foot- wide easement according to OR Book 183, Pages 138-139 & OR Book 185, Pages 466-467. Half of the easement is located within the CPUD boundary, and the other half, an asphalt portion, is bisected by the CPUD boundary (see images below). Page 3 of 11 Torres Family Trust CPUD, PDI-PL20230000465 April 20, 2023 Packet Pg. 6 £ZOZ `OZ 1!ad`d 99b0000EZOZ-1d-Idd `anda lsmi Al!wed saaaol D rt rt a1 n S � f d fl1 O Q D}= m o LL x as a J� m U W i" U 3 [v 2 Q � 0 2 0 p 5G U N a=mow W W o Z71 o LU r N 0 N w ah o o �• y o � b~ A, O 01 3 1/ v 6 110 V abed � o H w Qa� .=J- "3� L9 - rcy [e�f LL' :gqg� J 14��Di�6 4j Z i �SBa 4ox1 C 0 o Y ni ,x-o3s a•.ex•ssmn e9¢r ad 'ces. av xwaunoe pa_ a J m o�i fn �n ANDBOUNDARY n OR 4ar)% M 2M Rg g F d � iu3Masva aainn-1003-09 ssana3o�iM 1via3av� � ; �' .r � fT�-------------- ------------ r � � ► �..*s p' `�h �� ,.� � �� M �� e1�' - ss3waamimw aaaw X s r n o 0 as �vbn Cn VFW � v.�nn xaan saa ooi3, i z pi z = A ---wZ EVE 3.A.a The applicant, Creative Commons ILF, LLC, requests approval from Staff for an insubstantial change to the Torres Family Trust CPUD by modifying the PUD Master Plan, Exhibit C, approved per the Ordinance 2018-29. The approved Master Plan provided two (2) access points on the west property boundary along Creative Drive. The modification will allow for one (1) access point along US 41, one (1) access point along Creative Drive, clarification that there is no wall requirement along the south and southeastern property boundary adjacent to Tract P, Preserve, and access points identified on the Master Plan subject to the PUD Developer Commitment III(B). During a re -application meeting with the Florida Department of Transportation (FDOT), FDOT offered two options to assure public safety and engineering best practices. The first option was to relocate one of the access points west along US-41 to align the road with Naples Reserve Boulevard, located north of US-41. However, this location is outside the easement and will interfere with a lift station. The second option was recommending relocating one access point as far east on US-41 as possible, providing a more restrictive right -in and right -out only. The applicant is preserving the possibility that if Creative Drive is adjusted to align with Naples Reserve Boulevard, this will allow the alternative secondary access point along Creative Drive. The secondary access point along Creative Drive is consistent with Transportation Development Commitment B, outlined in Exhibit F. Lastly, Exhibit C- 1, the Conceptual Perimeter Berm Cross -Sections portrays that no wall is within Section B-B and Section C-C since there will be a perimeter berm running along the property boundary and the preserve area. Staff confirms that a wall is required only along the eastern property line where there is no preserve area; a wall is not required along the southern and eastern property line where it is adjacent to the preserve area. Therefore, in summary, the PUD Insubstantial Change request is subject to: "Access to the project site shall be provided by one (1) access point on Tamiami Trail East. However, if Creative Drive is realigned to meet FDOT standards, then access to the project site shall be provided for by up to two (2) access points on Creative Drive, and the access point along Tamiami Trail shall be extinguished within six (6) months of the realigned Creative Drive receiving certification. Additionally, at this time, applicable access point(s) on Creative Drive shall be aligned with access points to the adjacent Fiddler's Creek Business Tract, as determined by the County Manager or designee. " SURROUNDING LAND USE AND ZONING (related to the subiect site location) This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding the boundaries of the Torres Family Trust CPUD: North: Tamiami Trail East, a six -lane arterial roadway, and then single and multi -family homes with a current zoning designation of Walnut Lakes PUD (3.0 dwelling units per acre [DU/AC]) and is approved for single and multi -family homes. East: Developed with travel trailers and recreational vehicles, with a current zoning designation of Travel -Trailer Recreational Vehicle Campground (TTRVC) District (12 DU/AC) y known as Imperial Wilderness R.V. Resort. c a� E U a Page 5 of 11 Torres Family Trust CPUD, PDI-PL20230000465 April 20, 2023 Packet Pg. 8 3.A.a South: Developed with travel trailers and recreational vehicles, with a current zoning designation of Travel -Trailer Recreational Vehicle Campground (TTRVC) District (12 DU/AC) known as Imperial Wilderness R.V. Resort. West: Developed residential, with a current zoning designation of Marco Shores/Fiddlers Creek PUD (2.08 DU/AC) and is approved for single and multi -family residential units, churches, and group care facilities. u� 0 0 0 0 M N 0 N J a 00 0 LO N Collier County GIS Page 6 of 11 Torres Family Trust CPUD, PDI-PL20230000465 April 20, 2023 Packet Pg. 9 3.A.a STAFF ANALYSIS: Comprehensive Planning: According to the current Future Land Use Map (FLUM) the subject property is located within the East Tamiami Trail Commercial Infill Subdistrict which was approved in 2018 under Ord. 18-30. The proposed changes to the Master Plan to relocate the access point to the CPUD from Creative Drive to US 41 and remove the wall requirement along the eastern and southern CPUD boundaries adjacent to Tract P, will not affect the consistency with the current comprehensive plan designation. Therefore, staff finds that the proposed changes are consistent with the Future Land Use Designation. Transportation Element: Transportation Planning staff reviewed the application and found this projectr. consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). The 0 applicant is requesting access to US-41 instead of the current location on Creative Drive. Staff In coordinated this request with FDOT which approved the revised location with a developer commitment o that requires the removal of the US-41 access to be replaced with a Creative Drive access when/if c Creative Drive is realigned to meet FDOT standards. A developer agreement has been added to the N PUD document in Exhibit F.III. B. N J a The proposed access change does not change the traffic impacts or the distribution patterns resulting c from this development. The number of residential dwelling units also does not change. Therefore, I* there are no additional impacts proposed, and as noted above, Transportation Planning staff find the request consistent with the Transportation Element of the Growth Management Plan (GMP) and are o recommending approval. a Zoning Review: As previously stated, the applicant is proposing to relocate one access point from Creative Drive to the furthest east location along US 41. The relocation is subject to the closure of the relocated access point along US 41 and replacement with up to two access points on Creative Drive if Creative Drive is realigned to meet FDOT standards. If it meets the FDOT standards, the access point along US 41 will be closed within 6 months. Also, the County Manager or designee will determine that the access points on Creative Drive will be aligned with access points to the adjacent Fiddler's Creek Business Tract. Furthermore, all LDC Section 10.02.13 E.1 criteria are compliant with this access point relocation being an insubstantial change to the PUD. Staff has also determined that no wall is required along the eastern and southern CPUD boundaries adjacent only to Tract P, Preserve since there is an existing preserve and a berm that replaces the need for a will in the site -specific location. Because of these changes, the Master Plan has been updated. Therefore, staff is recommending approval for this PUD Insubstantial Change petition. Landscape Review: The buffers labeled on the updated Master Plan are consistent with the previously approved Master Plan and are consistent with the LDC. Conservation and Coastal Management Element (CCME): Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). No revisions to the environmental portions of the PUD are being requested. Page 7 of 11 Torres Family Trust CPUD, PDI-PL20230000465 April 20, 2023 Packet Pg. 10 3.A.a Environmental Review: Environmental Planning staff has reviewed this petition. The preserve requirement is 0.80 acres. The request is to amend Ordinance 2018-29 to modify the PUD to allow two access points along US 41, and Creative Drive, and clarify a wall is not required along the east and south boundary of the preserve. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. Anr. insubstantial change includes any change that is not considered a substantial or minor change. An 0 insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1. 14 0 0 0 LDC Section 10.02.13 E.1 Criteria: N 0 N a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? a 00 No, the request will not impact the existing PUD boundaryLO N b. Is there a proposed increase in the total number of dwelling units or intensity of land use o or height of buildings within the development? a No, the request will not increase the approved density or intensity, or the height of proposed buildings. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, the request will not result in a decrease in the preserve, conservation, recreation, or open space areas. The request simply relocates an access point and provides clarification of where the wall is required along the project boundaries. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? No, the request does not impact the size of non-residential areas or propose to relocate such areas within the PUD boundary. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? Page 8 of 11 Torres Family Trust CPUD, PDI-PL20230000465 April 20, 2023 Packet Pg. 11 3.A.a No, the request will not result in an impact on the development in terms of traffic and public facilities. The approved Master Plan provided for two (2) access points to Creative Drive which would provide access to US-41 via a driveway. The proposed modification will allow for direct access to the site via US-41 instead of Creative Drive in -line with one of the recommended options provided by FDOT. No change in land use activities or intensities is being requested. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, the request will not generate a higher level of vehicular traffic. No change in land use activities or intensities is being requested. 0 g. Will the change result in a requirement for increased stormwater retention, or otherwise c increase stormwater discharge? c M N No, the request will not result in increased requirements for stormwater retention or increased N stormwater discharges. a 00 0 h. Will the proposed change bring about a relationship to abutting land use that would be I* incompatible with adjacent land use? `= No, the request will not modify any existing uses or intensities that would impact any surrounding land uses or that would be incompatible. The clarification to being added to the Master Plan indicates where the wall is not required as was already identified in the approved PUD Document, Exhibit C-1. Furthermore, the clarification is for the area adjacent to the on - site preserve, only and this area is still subject to the 25' Type B Buffer requirement or preserve area buffer equivalency per Planning Developer Commitment B, Exhibit F of the PUD Document. The preserve use is already a compatible use to the Travel Trailer Recreational Vehicle Campground (TTRVC) use located on the adjacent properties to the south and east. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance that is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No, the request does not impact the project's compliance with the Growth Management Plan (GMP). j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S. and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Page 9 of 11 Torres Family Trust CPUD, PDI-PL20230000465 April 20, 2023 Packet Pg. 12 3.A.a No, the CPUD is not within a Development of Regional Impact. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s)10.02.13 E.? No, the request is not a substantial modification to the CPUD and may be processed as a PDI pursuant to the LDC and Administrative Code. The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC Sec. 10.02.13.E.2 as follows: a. Does this petition change the analysis of findings and criteria used for the original application? c 0 0 As outlined on pages 7-12 of the original Staff Report for the PUD Rezoning of the subject N CPUD the proposed petition has not modified the original analysis of findings and criteria. No J change to the permitted land uses, intensities, or design standards is being requested as part of a the petition. The clarification that there is no wall required along the eastern and southern c property boundary adjacent to the on -site preserve area is just identifying what was already I* approved for the CPUD as clearly identified within Exhibit C-1 — Conceptual Perimeter Berm `= Cross -Sections, Section B-B of the approved PUD Document. o NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was advertised and held on March 6, 2023, at 5:00 pm at the Collier County South Regional Library, Meeting Room A, at 8065 Lely Cultural Parkway #9005, Naples, FL 34113. There were thirteen (13) members of the public present and one (1) participated remotely on Zoom. A copy of the transcript has been made available as an attachment. A copy of the NIM advertising is included in the Backup Package attachment. PETITION APPEAL TO HEARING EXAMINER As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-89 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the staff report for this petition on April 28, 2023. U a Page 10 of 11 Torres Family Trust CPUD, PDI-PL20230000465 April 20, 2023 Packet Pg. 13 3.A.a STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner APPROVE Petition PDI-PL20230000465, Torres Family Trust CPUD PDI subject to the following condition: 1. Access to the project site shall be provided by one (1) access point on Tamiami Trail East. However, if Creative Drive is realigned to meet FDOT standards, then access to the project site shall be provided for by up to two (2) access points on Creative Drive, and the access point along Tamiami Trail shall be extinguished within six (6) months of the realigned Creative Drive receiving certification. Additionally, at this time, applicable access point(s) on Creative Drive shall be aligned with access points to the adjacent Fiddler's Creek Business Tract, as determined by the County Manager or designee. Attachments A and B are to be included with the final HEX Decision: Attachments: Attachment A — PUD Language Changes Attachment B — Revised Master Concept Plan Attachment C — Backup Package Attachment D — Signs & Notification Page 11 of 11 0 0 0 0 M N 0 N J IL 00 0 LO Torres Family Trust CPUD, PDI-PL20230000465 April 20, 2023 Packet Pg. 14 3.A.b EXHIBIT A TORRES FAMILY TRUST CPUD LIST OF PERMITTED USES PERMITTED USES: No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, within the Torres Family Trust CPUD, for other than the following: TRACT C — COMMERCIAL DEVELOPMENT I. Principal Uses A. Up to 60,000 square feet of gross floor area of the following commercial uses, as identified with a number from the Standard Industrial Classification Manual (1987), subject to the restrictions in I.B and 111. No single use may exceed 45,000 square feet of gross leasable area. 1. Accounting, auditing, and bookkeeping (8721). 2. Advertising agencies (7311). 3. Animal specialty services, except veterinary (0752, excluding animal shelters; artificial insemination services: animal specialties; breeding of animals; dog pounds; honey straining on the farm; training horses, except racing; outside kenneling and horse boarding). 4. Apparel and accessory stores (561 1-5699). 5. Architectural services (8712). 6. Auto and home supply stores (5531). 7. Banks, credit unions and trusts (6011-6091 ). 8. Barber shops (7241, except for barber schools). 9. Beauty shops (7231, except for beauty schools). 10. Business associations (8611). 11. Business consulting services (8748). 12. Business credit institutions (6153-6159). 13. Business services —miscellaneous (7389, excluding auctioneering service; automobile recovery; automobile repossession; bartering services for businesses; batik work; bondspersons; bottle exchanges; bronzing; cloth cutting; contractors' disbursement; convention decorators; cosmetic kits; cotton inspection; cotton sampler; directories, telephone; drawback service, customs; drive -a -way automobile; exhibits, building; filling pressure containers; field warehousing; fire extinguishers; firefighting service; floats, decoration; folding and refolding; gas systems; inspection of commodities; labeling bottles; liquidation services; metal slitting and shearing; mounting merchandise on cars; music distribution systems; packaging and labeling; patrol of electric transmission or gas lines; pipeline or powerline inspection; pre-sorting mail service; press clipping service; produce weighing service; product sterilization service; racetrack cleaning; radio Page 1 of 15 Packet Pg. 15 3.A.b broadcasting music checkers; recording studios; repossession service; rug binding; salvaging of damaged merchandise; sampling of commodities; scrap steel cutting and slitting; shrinking textiles; solvent recovery; sponging textiles; styling of fashions, apparel, furniture, and textiles; swimming pool cleaning; tape slitting; textile designers; textile folding; tobacco sheeting; weighing foods and other commodities; window trimming; and yacht brokers). 14. Child day care services (8351). 15. Churches. 16. Civic, social, and fraternal associations (8641). 17. Commercial art and graphic design (7336). 18. Commercial photography (7335). 19. Computer and computer software stores (5734). 20. Credit reporting services (7323). 21. Direct mail advertising services (7331). 22. Drug stores (5912). 23. Eating and drinking places (5812 restaurants only). All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01 of the LDC. 24. Educational plants and services (821 1, 8221-8222). 25. Engineering services (8711). 26. Essential services, subject to section 2.01.03 of the LDC. 27. Federal and federally -sponsored credit agencies (61 11). 28. Food stores (groups 5411-5499). 29. Garment pressing and agents for laundries and drycleaners (7212, excluding truck route laundry and dry cleaning, not operated by laundries). 30. General merchandise stores (53315399). 31. Glass, Paint, and Wallpaper stores (5231). 32. Group care facilities limited to persons 55 and over (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; independent or assisted living facilities pursuant to F.S. § 429 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04. of the LDC (hereinafter collectively or singularly referred to as "Assisted Living Facility"). Assisted Living Facilities are not subject to the limitation on square footage. 33. Hardware stores (5251). 34. Health services, offices and clinics (8011-8049, 8092, and 8099). 35. Home furniture and furnishings stores (57125719). 36. Home health care services (8082). 37. Household appliance stores (5722). 38. Insurance carriers, agents and brokers (6311---- 6399, 6411). 39. Labor unions (8631). 40. Landscape architects, consulting and planning (0781 ). 41. Legal services (8111). 42. Libraries (8231). 43. Loan brokers (6163, excluding pay day loans). 44. Management services (8741, 8742). Page 2 of 15 Packet Pg. 16 3.A.b 45. Membership organizations, miscellaneous (8699). 46. Motor freight transportation and warehousing (4225, air conditioned and mini -and self -storage warehousing only). 47. Mortgage bankers and loan correspondents (6162). 48. Museums and art galleries (8412). 49. Musical instrument stores (5736). 50. Personnel supply services (7361 & 7363). 51. Personal services, miscellaneous (7299 - limited to babysitting bureaus, clothing rental, costume rental, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure. 52. Photographic studios, portrait (7221). 53. Physical fitness facilities (7991; 7997). 54. Professional membership organizations (8621). 55. Public administration (groups 91119199, 9229, 9311, 9411, 9451, 95119532, 96119661). 56. Public relations services (8743). 57. Radio, television and consumer electronics stores (5731). 58. Radio, television and publishers advertising representatives (7313). 59. Real Estate (6531----- 6552). 60. Religious organizations (8661). 61. Repair services - miscellaneous (7629, excluding appliance repair; business machine repair; office machine repair - except typewriters, computers; and washing machine repair; 7631, 7699 - limited to bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 62. Retail nurseries, lawn and garden supply stores (5261). 63. Retail services - miscellaneous (59215963 except pawnshops and building materials; 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 64. Security and commodity brokers, dealer, exchanges and services (6211-6289). 65. Shoe repair shops and shoeshine parlors (7251). 66. Surveying services (8713). 67. Tax return preparation services (7291). 68. Travel agencies (4724, no other transportation services). 69. United States Postal Service (431 1, except major distribution center). 70. Veterinary services (0742, excluding outdoor kenneling). 71. Any other principal and related use that is determined to be comparable and compatible to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the LDC. B. The following commercial uses, as identified with a number from the Standard Industrial Classification Manual (1987), are prohibited within 60 feet of the southern or eastern property line: 1. Animal specialty services, except veterinary (0752, excluding animal shelters; artificial insemination services: animal specialties; breeding of animals; dog Page 3 of 15 Packet Pg. 17 3.A.b 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. pounds; honey straining on the farm; training horses, except racing; outside kenneling and horse boarding). Apparel and accessory stores (561 1-5699). Auto and home supply stores (5531). Banks, credit unions and trusts (6011-6091). Barber shops (7241, except for barber schools). Beauty shops (7231, except for beauty schools). Business credit institutions (6153-6159). Business services -miscellaneous (7389, excluding auctioneering service; automobile recovery; automobile repossession; bartering services for businesses; batik work; bondspersons; bottle exchanges; bronzing; cloth cutting; contractors' disbursement; convention decorators; cosmetic kits; cotton inspection; cotton sampler; directories, telephone; drawback service, customs; drive -a -way automobile; exhibits, building; filling pressure containers; field warehousing; fire extinguishers; firefighting service; floats, decoration; folding and refolding; gas systems; inspection of commodities; labeling bottles; liquidation services; metal slitting and shearing; mounting merchandise on cars; music distribution systems; packaging and labeling; patrol of electric transmission or gas lines; pipeline or powerline inspection; pre-sorting mail service; press clipping service; produce weighing service; product sterilization service; racetrack cleaning; radio broadcasting music checkers; recording studios; repossession service; rug binding; salvaging of damaged merchandise; sampling of commodities; scrap steel cutting and slitting; shrinking textiles; solvent recovery; sponging textiles; styling of fashions, apparel, furniture, and textiles; swimming pool cleaning; tape slitting; textile designers; textile folding; tobacco sheeting; weighing foods and other commodities; window trimming; and yacht brokers). Child day care services (8351). Churches. Computer and computer software stores (5734). Drug stores (5912). Eating and drinking places (5812 restaurants only). All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01 of the LDC. Educational plants and services (8211, 8221-8222). Federal and federally -sponsored credit agencies (6111 ). Food stores (groups 541 I-5499). Garment pressing and agents for laundries and drycleaners (7212, excluding truck route laundry and dry cleaning, not operated by laundries). General merchandise stores (5331-5399). Glass, Paint, and Wallpaper stores (5231). Hardware stores (5251). Home furniture and furnishings stores (5712-5719). Household appliance stores (5722). Libraries (823 I). Loan brokers (6163). Page 4 of 15 Packet Pg. 18 3.A.b 25. Motor freight transportation and warehousing (4225, air conditioned and mini -and self -storage warehousing only). 26. Mortgage bankers and loan correspondents (6162). 27. Museums and art galleries (8412). 28. Musical instrument stores (5736). 29. Photographic studios, portrait (7221). 30. Physical fitness facilities (7991 ; 7997). 31. Radio, television and consumer electronics stores (5731). 32. Religious organizations (8661 ). 33. Repair services - miscellaneous (7629, excluding appliance repair; business machine repair; office machine repair - except typewriters, computers; and washing machine repair; 7631, 7699 — limited to bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 34. Retail nurseries, lawn and garden supply stores (5261 ). 35. Retail services - miscellaneous (5921-5963 except pawnshops and building materials; 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 36. Shoe repair shops and shoeshine parlors (7251). 37. United States Postal Service (4311, except major distribution center). 38. Veterinary services (0742, excluding outdoor kenneling). II. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures permitted by right in this CPUD, including, but not limited to: 1. Outside storage or display of merchandise when specifically permitted by the LDC for a use, subject to LDC Section 4.02.12. 2. One caretakers residence, subject to LDC Section 5.03.05. 3. Temporary outdoor display of merchandise during business hours provided it does not adversely affect pedestrian or vehicular traffic or public health or safety as determined by the County. Merchandise storage and display is prohibited within any front yard but allowed within the side and rear yards of lots. 4. Signage in accordance with LDC Section 5.06.00 et seq. III. Restrictions on Certain Uses: Within 60 feet of the eastern and southern perimeter boundaries of the PUD, and subject to the square footage limitations in I.A., only the following uses and/or improvements shall be permitted: 1. Conservation/Preserve areas; 2. Landscape buffers; 3. Stormwater management areas (dry or wet detention); 4. Essential services; Page 5 of 15 Packet Pg. 19 3.A.b 5. Professional office or other professional service uses not otherwise prohibited in Section I.B., above; and 6. Accessory uses and structures customarily associated with any of the permitted principal uses, including parking, except outdoor storage and display. IV. Prohibited Use: Any use meeting the definition of a sexually oriented business, as set forth in Ordinance No 91-83, as amended, isprohibited. TRACT P — PRESERVE: PERMITTED USES: 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: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses, allowed only if additional acreage above the required minimum is provided in Tract P: 1. Storm water management structures. 2. Pervious and impervious pathways and boardwalks, consistent with LDC Section 3.05.07 H.l .h.i. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Any other use which is comparable in nature with the forgoing list of permitted accessory uses, as determined by the Hearing Examiner by the process outlined in the LDC. Page 6 of 15 Packet Pg. 20 3.A.b EXHIBIT B TORRES FAMILY TRUST CPUD DEVELOPMENT STANDARDS The table below sets forth the development standards for commercial land uses (including Assisted Living Facilities) within Tract C of the Torres Family Trust CPUD. Standards not specifically set forth herein shall be those specified in applicable sections ofthe LDC in effect as of the date of approval of the SDP or subdivision plat. 1. COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL STRUCi'URES ACCESSORY STRUCTURES MIN. LOT .ARF,A 10.000 S.F. N/A MIN. LOT N'IDTH 100 FF.F.T NfA MIN. FLOOR AREA 1.000 S.F. N/A MINIMUMWARDS From Tamiami Trail 35 FEET SPS From adjacent TTRVC zoned property 25 FEFT if no presme or 25 FEET from reserve boundary Ill FFET if no preserve or 10 FEET from preserve boundary From adjacent PUD zoned property 25 FEET i0 FEET Mira. Front Yard 10 FEE I SPS Min. Side Yard 10 FEET" 5 FEET Miry. Rear Yard 10 FEET 5 FEET Min, PrKxrV 25 FEET 10 FEET Min. Lake Setback' 20 FEET 10 FEET MIN. DISTANCE 13ETWEEN STRUMJRES 2C FT or'I, sum of BH. whichever is grealer 10 FF;ET MAX. 8UllLINNC HEIGHT .N01- 1'0 EXCEI D (ZONE; D" 45 FFFI SPS MAX. 81-1LDIN[; HEIGHT NOT TO EXCEED ACTUAL 52 FEF1 SPS 1. Per principal structure. on the Finished First floor. 2. Landscape buffers shall he separat,eIy platted or separate tracts on the SDP. 3. As measured From the Control Elevation. 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Page 11 of 15 Packet Pg. 25 3.A.b EXHIBIT E TORRES FAMILY TRUST CPUD LIST OF REQUESTED DEVIATIONS FROM LDC Deviation 1: From LDC Section 5 05.04.D. I Group Housing, which establishes a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging -in -place living environment, to allow a maximum floor area ratio of 0.60 for an Assisted Living Facility, consistent with the East Tamiami Trail Infill Subdistrict. Page 12 of 15 Packet Pg. 26 3.A.b EXHIBIT F TORRES FAMILY TRUST CPUD LIST OF DEVELOPER COMMITMENTS PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the MPUD. At the time of this PUD approval, the Managing Entity is Torres Family Holdings, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the PUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. II. ENVIRONMENTAL The site contains approximately 5.33 acres of native vegetation. For a commercial or industrial project within the Coastal High Hazard Area, 15 percent of existing native vegetation must be retained (15% of 5.33 acres = 0.80 acres). The preserve as depicted on the Master Plan contains a minimum of 0.80 acres. III. TRANSPORTATION A. Intensity of uses under any development scenario for the PUD is limited to the two- way, unadjusted, average weekday, pm peak hour trip entering/exiting generation of 425 total trips utilized in the TIS dated May 2016 (gross trips). B. ' GfeekBusiness Tfaetiseneeura ed asyaefieab1 existine feadway easement to the west of the . Access to the project site shall be provided by one (1) access point on Tamiami Trail East. However, if Creative Drive is realigned to meet FDOT standards, then access to the project site shall be provided for by to two (2) access points on Creative Drive, and the access point along Tamami Trail shall be extinguished within six (6) months of the realigned Creative Drive receiving certification. Additionally, at this time, gpplicable access point(s) on Creative Drive shall be aligned with access points to the adjacent Fiddler's Creek Business Tract, as determined by the CoqM Manager or designee. Page 13 of 15 Packet Pg. 27 3.A.b IV. PLANNING A. The developer of any group housing or retirement community, its successors or assigns, shall provide the following services and be subject to the following operational standards for the units in the retirement community, including, but not limited to, independent living units, assisted living units, or skilled nursing units: Operational Characteristics for Senior Housing Senior housing may be composed of one or more types of care/housing facilities. These care/housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: • The facility shall be for residents 55 years of age and older; • There shall be on -site dining facilities to the residents, with food service being on -site, or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • There shall be an onsite manager/activities coordinator to assist residents who shall be responsible for planning and coordinating stimulating activities for the residents; • An on -site wellness facility shall provide exercise and general fitness opportunities for the residents; • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. • Nursing homes or assisted living facilities shall be constructed to have a core area to shelter residents and staff on site in the event of a hurricane. The core area will be constructed to meet the Public Shelter Design Criteria that are required for new public schools and public community colleges and universities ("State Requirements for Educational Facilities, 2014") and shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than 96 hours. B. Tract P, Preserve, where it is dense enough to provide equivalent buffering perthe LDC, may count towards minimum Type B buffering requirements. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. Page 14 of 15 Packet Pg. 28 3.A.b C. The Master Plan is conceptual in nature and is subject to modifications at time of Plans and Plat (PPL) or Site Development Plan (SDP) approval due to agency permitting requirements. D. Lighting shall be fully shielded and directed so as to prevent glare on adjacent residential or TTRVC zoned properties. E. Outdoor amplified sound is prohibited, except in conjunction with an approved temporary use permit and in such limited cases shall be restricted to the hours of 11:00 a.m. to 8:00 p.m. F. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. G. All other applicable state or federal permits must be obtained before commencement of the development. H. An Enhanced 15 foot wide Type D buffer shall be provided along US 41 (Tamiami Trail East). In addition to the required canopy trees, spaced 25' on center, the buffer shall include a continuous undulating double hedgerow spaced 3' on center. Plantings shall be 3 gallon and at least 24" in height at time of planting for first row hedges (closest to the right-of-way) and 4 gallon and at least 24" in height at the time of planting for the second row of hedges. Page 15 of 15 Packet Pg. 29 N v y (6ti-Lti S3J`dd `ZE >1008 WfIINIWO(INOJ) J DAdll E NOUD3SSS3Nd3allN\IVN3dWl IY w H LL l m � wm 2 w H LL �m w In LL w Of w U u N O W -ate - z i L< 51 O rI d 6._ V O ¢ m z o 2 O w o j l p w Q J) ❑ Ln w ui N o Q zU Y w� �� wOf0 0 0 com a� w J� j m O Q u D 0 Q z 30 �m� �Ln o i t g z I_ m u I I O o I Z ou a z �o I �3 N Z¢ I I O > z g u Z ❑ O ❑ wU I p< L I� l\\ m w H \ _ v=iww aLL uj� w u a pdi �7 ap0 pv m \ b � p I I I \� II II yo r0 3 s;� o s LL m Z w EE ❑ W w� W z Q l0 Q OZ11, Ow S R R V O vj w w F g V o w w Z w zo Z m w 0 2 85 g� Q z u�a 0 d atZ d P K 5- O W O N W H d d w aEW HFip�wZo > $g LL F O Q U w F p S Q In>0t= co d of Ow w u Z U 7 W H V — Z w j N 0 a 5 w m O m W> Q uu d— Z — v�wUZQ=dw a cwc c, W Gc c wc Z V1 VI G K z w O C m J w F W~ m w Ccr J w Q U V Q 3— DM:000 ao X r zQ�n �nZQU • V W I P14 0 O V _ 0 � w o w � � U n K y 3 o i a m ■� 5 W a d ~ O w LL O Z m m Z W a W> e e e S LL a W Z LUS s GLL C V 2 LU �W dW k 6� Z m a Q u a W LU 9 e Ln 0 LM 000 .m-1 Q u a o ono oiOo yaj R O V) LA cc LAQ W to D Z w Q J Q H v a ~ z Q gF� Inv non sv vpoa wWzz� - ei.z roi wa i w � pia .ieow :voi e.v i.�rm. sioz\v+a\�s�ua Rew�a .w.a eao'sioz\sioz-nx\p»ogo.a\�. 3.A.d HEARING PACKAGE CHECKLIST Return this form with printed materials A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN `BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. Application, to include but not limited to the following: X Narrative of request X Property Information X Property Ownership Disclosure Form X Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. n/a Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) n/a Affidavit of Unified Control n/a Affidavit of Representation n/a Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio n/a Traffic Impact Study (TIS) n/a Environmental Data n/a Historical/Archeological Surveyor Waiver n/a Utility Letter n/a Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff lnformation\lobAides orHelp Guides Packet Pg. 31 3.A.d n/a Boundary Survey Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. n/aSubmerged Resource Surveys may be included here if required. CD with only one pdf file for all documents in the same order as the packets are put together. Thev must be in the same order. I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent's responsibility to ensure no documentation is left out. 04/28/2023 Signature of Agent Repres ntat'v Date Josephine Medina Printed Name of Signing Agent Representative Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\JobAides orHelp Guides Packet Pg. 32 3.A.d Torres Family Trust CPUD Collier County Insubstantial Change to a PUD Application (PDI) PDI-PL20230000465 COLLIER COUNTY HEARING EXAMINER PACKAGE Packet Pg. 33 3.A.d x Torres Family Trust CPUD P DI-PL20230000465 COVERSHEET & NARRATIVE Packet Pg. 34 RV: o March 8, 2023 Mr. Sean Sammon, Planner III Planning and Zoning Division Zoning Section 2800 North Horseshoe Drive Naples, Florida 34104 RE: Torres Family Trust CPUD Insubstantial Change to a Planned Unit Development (PDI) Dear Mr. Sammon: Enclosed for your review is an application for an Insubstantial Change to a PUD in regards to the Torres Family Trust CPUD, a 5.8+/- acre commercial project generally located on the south side of US 41, approximately '/z mile southeast of Manatee Road and opposite and southeast from Naples Reserve Boulevard in unincorporated Collier County. The Applicant is requesting to relocate the access point to the CPUD from Creative Drive to US 41. Additionally, the Applicant is requesting to provide clarity on the Master Plan that there is no wall required along the eastern and southern CPUD boundaries adjacent to Tract P, the onsite- preserve area. Staff has also requested for Transportation, PUD Developer Commitment III(B) be revised. BACKGROUND/EXISTING CONDITIONS The Torres Family Trust CPUD was originally rezoned by the Board of County Commissioners on June 12, 2018, from Rural Agricultural (A) to Commercial Planned Unit Development (CPUD) per Ordinance No. 2018-29. The CPUD allowed the development of up to 60,000 SF of commercial uses including airconditioned mini self -storage warehousing, and group housing facilities at a floor area ratio of 0.60, none of which have been developed to date. The CPUD approval also included a minimum 0.80 acre preserve located near the south and southeastern property boundary as identified in the PUD Master Plan. Along the western boundary of the CPUD and extending further to the west along Creative Drive is a 60-foot-wide easement per OR BOOK 183, PAGES 138-139 & OR BOOK 185, PAGES 466- 467 provided as part of this application. The 60-foot easement encompasses 30 feet located within the CPUD's western boundary and the other 30 feet further west outside of the CPUD boundary. Currently the asphalted portion of Creative Drive, a private road, straddles the western boundary of the CPUD. REQUEST Creative Commons ILF, LLC ("Applicant") is requesting Staff's approval of an insubstantial change to the Torres Family Trust CPUD to allow for the modification the PUD Master Plan "Exhibit C" approved per Ordinance 18-29. The approved PUD Master Plan for the CPUD identifies two (2) access points on the west side of the property along Creative Drive, an asphalted private road. The Applicant requests a modification to the PUD Master Plan to allow for: • One (1) access point along US 41, • One (1) access point onto the Creative Drive; and RVi Planning + Landscape Architecture I Page 1 of 5 Torres Family Trust CPUD PDI Packet Pg. 35 3.A.d • Clarification that no wall is required along the eastern and southern CPUD boundaries adjacent to Tract P, Preserve. • Add note identifying access points shown on the PUD Master Plan are subject to PUD Developer Commitment III(B). During a recent pre -application meeting with the Florida Department of Transportation (FDOT) it was understood that the interest was to align the Creative Drive access from US 41 with the Naples Reserve Boulevard access across US-41, to the north. However, due to the geometry of the two access points in relationship to each other, the intersection alignment configuration along US-41 would be less than optimal. FDOT provided two (2) recommendations to address the development's access to US 41, while still assuring that public safety and best engineering practices were addressed. One of the recommendations was to move the access from Creative Drive to US-41 further west to allow for the better alignment with Naples Reserve Boulevard across from US-41. This recommendation, however, is not practical as it goes beyond the existing forementioned roadway easement and is the current location of a lift station. The second recommendation provided was for the Applicant to pursue a more restrictive, right in and right out only, access point for the development directly to US 41 along the subject property's frontage as far east as possible. The Applicant has chosen to go with the latter and of the recommendations due to the practicality of being able to make recommendation work. The Applicant is maintaining a possible access point to the Creative Drive roadway easement in recognition that should the adjustment of Creative Drive happen in the future, this would allow for an alternative secondary access point. This possible access point along Creative Drive would also be consistent with Transportation Development Commitment B outlined in Exhibit F of the CPUD Ordinance which encourages, as practical, the vehicular connection and shared Tamiami Trail access with the adjacent Fiddler's Creek Business Tract to the west of the subject property. Exhibit C-1 - Conceptual Perimeter Berm Cross -Sections of the PUD Document graphically illustrates no wall within Section B-B which identifies the perimeter berm in between the preserve area and the Imperial Wilderness property boundary as adopted. Exhibit C-1 of the PUD Document does, however, graphically illustrate a 6-foot wall within Section C-C, which identifies the perimeter berm running along the eastern property line where no preserve exists. Therefore, it was the intent of the PUD to only require a wall along the eastern property line where there is no preserve area and for the southern and eastern property line which is adjacent to the preserve area to not require a wall. The Applicant is simply making clear where the wall is required on the Master Plan, consistent with Exhibit C-1. This request is not reducing the open space or buffer requirements, or enhancements already approved as part of this CPUD. Staff has requested for Transportation, PUD Developer Commitment III(B) to be revised to the following which would also allow for the County Manager or designee to reasonably determine the practicality of alignment to the adjacent Fiddler's Creek Business Tract access points, if any. "Access to the project site shall be provided by one (1) access point on Tamiami Trail East. However, if Creative Drive is realigned to meet FDOT standards, then access to the project site shall be provided for by up to two (2) access points on Creative Drive, and the access point along Tamami Trail shall be extinguished within six (6) months of the realigned Creative Drive receiving certification. Additionally, at this time, applicable access point(s) on Creative Drive shall be aligned with access points to the adjacent Fiddler's Creek Business Tract, as determined by the County Manager or designee." JUSTIFICATION/COMPLIANCE WITH LDC §10.02.13.E.1: RVi Planning + Landscape Architecture I Page 2 of 5 Torres Family Trust CPUD PDI Packet Pg. 36 3.A.d The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC§ 10.02.13.E.1 as follows: a. A proposed change in the boundary of the PUD; No, the request will not impact the existing PUD boundary. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; No, the request will not increase the approved density or intensity, or the height of proposed buildings. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; No, the request will not result in a decrease of preserve, conservation, recreation, or open space areas. The request simply relocates an access point and provides clarification of where the wall is required along the project boundaries. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; No, the request does not impact the size of non-residential areas or propose to relocate such areas within the PUD boundary. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; No, the request will not result in an impact to the development in terms of traffic and public facilities. The approved Master Plan provided for two (2) access points to Creative Drive which would provide access to US-41 via a driveway. The proposed modification will allow for direct access of the site via US 41 instead of Creative Drive in -line with one of the recommendation options provided by FDOT. No change in land use activities or intensities is being requested. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No, the request will not generate a higher level of vehicular traffic. No change in land use activities or intensities is being requested. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; No, the request will not result in increased requirements for stormwater retention or increase stormwater discharges. RVi Planning + Landscape Architecture I Page 3 of 5 Torres Family Trust CPUD PDI Packet Pg. 37 3.A.d A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; No, the request will not modify any existing uses or intensities that would impact any surrounding land uses or that would be incompatible. The clarification to being added to the Master Plan indicates where the wall is not required as was already identified in the approved PUD Document, Exhibit C-1. Furthermore, the clarification is for the area adjacent to the on -site preserve, only and this area is still subject to the 25' Type B Buffer requirement or preserve area buffer equivalency per Planning Developer Commitment B, Exhibit F of the PUD Document. The preserve use is already a compatible use to the Travel Trailer Recreational Vehicle Campground (TTRVC) use located on the adjacent properties to the south and east. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; No, the request does not impact the project's compliance with the Growth Management Plan (GMP). The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or No, the CPUD is not within a Development of Regional Impact. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. No, the request is not a substantial modification to the CPUD and may be processed as a PDI pursuant to the LDC and Administrative Code. The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC§ 10.02.13.E.2 as follows: 1. Does this petition change the analysis of findings and criteria used for the original application? As outlined in pages 7-12 of the original Staff Report for the PUD Rezoning of the subject CPUD the proposed petition has not modified the original analysis of findings and criteria. No change to the permitted land uses, intensities or design standards are being requested as part of the petition. The clarification that there is no wall required along the eastern and southern property boundary adjacent to the on -site preserve area is just identifying what was already approved for the CPUD as clearly identified within Exhibit C-1 — Conceptual Perimeter Berm Cross - Sections, Section B-B of the approved PUD Document. RVi Planning + Landscape Architecture I Page 4 of 5 Torres Family Trust CPUD PDI Packet Pg. 38 3.A.d CONCLUSION: In summary, the proposed Insubstantial Change will revise the two (2) access points for the development along Creative Drive, maintaining one (1) possible future access point along Creative Drive and allowing for one (1) access point directly to US-41, as recommended by FDOT. The petition also clarifies no wall is required along the eastern and southern CPUD boundary adjacent to Tract P, Preserve as already identified in Exhibit C-1 of the PUD Document. The This application will not negatively impact public health, safety or welfare, and the CPUD will remain consistent with the LDC and GMP. Should you require additional information or have any questions, please feel free to contact me directly at 239-908-3421 or JMedina(@RViPlanning.com. Sincerely, RVI Planning + Landscape Architecture Josephine Medina, AICP, LEED Green Assoc. Project Manager Enclosures cc: Jason Tomassetti, Creative Commons ILF, LLC Norman Trebilcock, Trebilcock Consulting Solutions, PA RVi Planning + Landscape Architecture I Page 5 of 5 Torres Family Trust CPUD PDI Packet Pg. 39 3.A.d x Torres Family Trust CPUD P DI-PL20230000465 PDI APPLICATION Packet Pg. 40 Coder County 3.A.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E & Code of Laws section 2-83 — 2-90 Ch. 3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED Name of Property Owner(s): APPLICANT CONTACT INFORMATION Torres Family Holdings, LLC Name of Applicant if different than owner: Creative Commons ILF, LLC Address: 7742 Alico Road City: Fort Myers Telephone: Cell: E-Mail Address: Jtomassetti@fl-star.com Name of Agent: Josephine Medina, AICP Firm: RVi Planning + Landscape Architecture, Inc. State: FL ZIP: 33912 Fax: Address: 28100 Bonita Grande DrCity: Bonita Springs State: FL ZIP: 34135 Telephone: 239-908-3421 Cell: 954-376-0378 Fax: E-Mail Address: JMedina@RViPlanning.com DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 3/27/2018 Page 1 of 4 Packet Pg. 41 cAerC014"ty 3.A.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY INFORMATION PUD NAME: Torres Family Trust CPUD ORDINANCE NUMBER: 2018-19 FOLIO NUMBER(S): 00737000001 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑■ Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes ❑■ No If yes, in whose name? Has any portion of the PUD been ❑ SOLD and/or ❑ DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑ Yes ❑■ No If yes, please describe on an attached separate sheet. Revised 3/27/2018 Page 2 of 4 Packet Pg. 42 Comer County 3.A.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre -Application Meeting notes 1 ❑ Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 ❑ Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits ❑ PUD document with changes crossed through & underlined ❑ ✓ PUD document as revised with amended Title Page with Ordinance # ❑I LJ ❑ Warranty Deed IV ❑ Legal Description 1 ❑ Boundary survey, if boundary of original PUD is amended ❑ If PUD is platted, include plat book pages ❑ ❑ List identifying Owner & all parties of corporation 1 Affidavit of Authorization, signed & notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 % in. x 11 in. graphic location map of site 1 ✓ ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ❑ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. Revised 3/27/2018 Page 3 of 4 Packet Pg. 43 cAerC014"ty 3.A.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams and David Berra ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority: ❑ Conservancy of SWFL: Nichole Johnson TT Other: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: FEE REQUIREMENTS ❑ PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre -Application Meeting: $500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 1 /6/2023 Age w er Signature Date Josephine Medina Applicant/Owner Name (please print) Revised 3/27/2018 Page 4 of 4 Packet Pg. 44 3.A.d x Torres Family Trust CPUD P DI-PL20230000465 WARRANTY DEED Packet Pg. 45 INSTR 4780016 OR 4869 PG 2269 RECORDED 12/27/2012 11:15 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $525.00 REC $27.00 CONS $75,000.00 THIS INSTRUMENT PREPARED BY: James D. Vogel, Esq. Fla. Bar No. 0051373 p Vogel Law Office, P.A. d Suite B, Midwest Title Bldg. p 3936 Tamiami Trail North Naples, Florida 34103 fL (239)262-2211 PREPARATION SNL' WITHOUT OPINION L WARRANTY DEED .21 THIS WARRANTY DEED made the 20th day of December, 2012, by TUCKER P. w ROONEY and MARIE D. ROONEY, husband and wife, hereinafter called the GRANTOR, to L TORRES FAMILY HOLDING LLC, a Florida limited liability company, hereinafter called the ° GRANTEE, whose post ofilce,ddress is 3921 Prospect Avenue, Naples, Florida 34104. LO (Wherever used herein the term " grntd? and "grantee" include all the parties to this instrument and o the heirs, legal representatives an %ss igris,r of the individuals, and the successors and assigns of M corporations). ' N N J WITNESSETH: That the grantoVo', * in consideration of the sum of $10.00 and other a valuable considerations, receipt whereof is �efeby ,acknowledged, hereby grants, bargains, sells, c aliens, remises, releases, conveys and confirms. .L the grantee, all that certain land situate in LO Collier County, Florida, viz: SEE ATTACHED) XMIT "A" Property I.D.: 00737000001 TOGETHER with all the tenements, in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple AND the grantorhereby covenants with said grantee that the grant�r is'l; land in fee simple; that the grantor has good right and lawful authority to. s ,. that the grantor hereby fully warrants the title to said land and will defend the.sa claims of all persons whomsoever; and that said land is free of all encu'ml; accruing subsequent to December 31, 2012; zoning, building code and other by governmental authority; outstanding oil, gas and mineral interests of restrictions and easements of record. LdFILES116\1602\12147\&.d 01-pd thereto belonging or seized of said vey said land; nst the lawful except taxes ins imposed , if any; and Packet Pg. 46 OR 4869 PG 2270 3.A.d IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Witnesses: (gig (PrintNe e) (Sim) 11 TUCKER P. ROO Y (Print Name) L� (Print Name STATE OF Fi6RfDA- fJ -e- �25 COUNTY OF C--6E-L-� o ce o- f� () MARIE D. ROONEY The foregoing Warranty Deed was acknowf6dg 2012, by TUCKER P. ROONEY, who is persgr Florida Drivers License as identification STATE OF FLiMI f 1 !J e i COUNTY OF It-- me this 20th day of December, +n to me or who has produced ;JEANNE PARKINSON Not ry Public ate of New Jersey "St My CornT s* Expires Jun 10, 2017 The foregoing Warranty Deed was acknowledged before me t 's t " y *o e e r, 2012, by MARIE D. ROONEY, who is personally known to me or who Alas produced Florida Drivers License as identification. SigpQre of Notary JEANNE PARKINSON LAFILES\16\1602\12147\d..d 01-pd Notary Public State of New Jersey My Commission Expires Jun 10.2017. un to v 0 0 0 0 C14 0 N J a 00 0 v 1n N Packet Pg. 47 *** OR 4869 PG 2271 *** 3.A.d EXHIBIT "A" STARTING AT THE NORTHWEST CORNER OF THE PROPERTY AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY OF U.S. 41 AND THE WEST LINE OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND PROCEEDIN6,S610THERLY ALONG THE SECTION LINE FOR APPROXIMATELY 870 FEET, THENCE EASTERLY FOR 330 FEET, THEN NOR , THERLY FOR 660 FEET, THENCE WESTERLY ALONG U.S. 41 SOUTHERLY RIGHT- OF-WAY FOR APPROXIMATELY 396 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLiER'C,01 TY, FLORIDA AND THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. 41; RUN SOUTH 54°24'20" EAST 377.86 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; CONTINUE 88°58'40" WEST 10.00 FEET; THENCE LdFILES\16\1602\12147\dced Ol.wpd Packet Pg. 48 INSTR 5680418 OR 5604 PG 3308 E-RECORDED 3/6/2019 10:54 AM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $44.00 3.A.d IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION TORRES FAMILY HOLDINGS, L.L.C., a Florida limited liability company Plaintiff(s),,, vs. THE UNKNOWN SUCCESSOR TRUSTEE OF THAT CERTAIN'LAND TRUST AGREEMENT DATED MARCH 14, 19i fX Defendant(s) (Upon THIS CAUSE came before the ej Magistrate entered on then 'day of F [_J Exceptions were waived by the [ No timely exceptions were filed, the Court hereby approves and adopts the findings foregoing, it is: ORDERED AND ADJUDGED: 1. The Motion is: [XI GRANTED. DENIED. Case No: 2018-CA-01- 001133 of Magistrate) the Report and Recommendations of the t 1 . and l—J GRANTED IN PART as set forth below. [_] DENIED IN PART as set forth below. and upon the 2. Plaintiff Torres Family Holdings, L.L.C., is the sole fee simple title owner of the following described real property in Collier County, Florida: Starting at the Northwest corner of the property at the intersection of the South right-of-way of U.S. 41 and the west line of Section 12, Township 51 South, Range 26 East, Collier County, Florida; and proceeding Southerly along the r Q FILED: .5/Y1- 1151-35toili� co v SON11MA !Mt�� f,_.m �t Packet Pg. 49 OR 5604 PG 3309 3.A.d section line for approximately 870 feet, thence Easterly for 330 feet, then northerly for 660 feet, thence Westerly along U.S. 41 Southerly right-of-way for approximately 390 feet to the Point of Beginning, less and except the following described parcel: Commencing at the intersection of the West Line of Section 12, Township 51 South, Range 26 East, Collier County, Florida, and the Southeasterly right-of-way of U.S. 41; run South 54 degrees 24 minutes 20 seconds East,, 377.86 feet along said right-of-way line to the Point of Beginning; continue Ioa g,said right-of-way line 12.14 feet; thence South 1 degree 01 minutes 20 s conds West 100.00 feet; thence North 88 degrees 58 minutes 40 seconds West 10. i 0 feet; thence North 1 degree 01 minutes 20 seconds East 106.89 feet O .dw'p int of beginning. 3. The interests, it any, of Defendant the Unknown Successor Trustee of That Certain Land Trust Agreement Dated MarA 14, 1973, in the aforementioned property is hereby declared null and void, thereby quieting tle to said property owned by the Plaintiff against the Defendant. DONE AND ORDERED in Circuit CC: Stacie Vecchione, Esq. 200 SE 6rh Street, Suite 506 Ft. Lauderdale, FL 33301 stacie@vecchioneleeal com Charles s. McCall, Esq 7650 W. Courtney Campbell Cswy. Ste 1150 Tampa, FI 33607 chmccall@firstam.com ma✓d, Florida this A— day ofFebrawy, 2019. v Packet Pg. 50 OR 5604 PG 3310 3.A.d IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION TORRES FAMILY HOLDINGS, L.L.C., a Florida limited liability company vs..; . THE UNKNOWN, THAT CERTAIN I DATED MARCH 1 Defendants. ATTENDANCE: ESSOR TRUSTEE OF TRUST AGREEMENT F_ Plaintiff F Defendant x Court Reporter ECR Case Number: 2018-CA-01- 001133 This cause has come on to be heard before Attorney for Plaintiff Attorney for Defendant Clerk of Court February 14, 2019, pursuant to the Plaintiff/Defendari' Pleadings. The Magistrate has jurisdiction pursuant Procedure, 1.490, et seq. The Court finds that an Order. by the Magistrate was served upon the parties and that no the referral. This Court being otherwise advised, the Conclusions of Law are made: David C. Friedman on rn for Judgment on the Florida Rules of Civil rral for the matters heard lade a timely objection to i,Findings of Fact and 1. The Motion for Judgment on the Pleadings filed by taken, and should be granted. No factual disputes have been raised or defenses framed in any pleadings which dispute the factual allegations in the complaint. 2. Final judgment quieting title as requested in Plaintiff's Amended Complaint should be entered by the Court. t 0 a U N 7 L E M LL N L `o Ln to CD 0 0 0 0 M N O N J IL 00 LO LO a� rn a. Q. Y V M m 'a Q Packet Pg. 51 OR 5604 PG 3311 3.A.d RECOMMENDED ORDER OF THE MAGISTRATE Based upon the above -stated Findings of Fact and Conclusions of Law, the at�subnils the following Recommended Order for the approval of the Court: A. ,M�trate recommends that the Court enter an Order granting the Plaintiff's Motion fdf Judgment on the Pleadings. B. Magistrate iec,ommends that the Court enter final judgment pursuant to the Motion for Judgment on the P1dn' s quieting title as requested in the Plaintiff's Amended Complaint. ` IF YOU WISH TO SEEK REVIEW O.V"THE REPORT AND RECOMMENDATIONS MADE BY THE MAGISTRATE, YOU MUST FILE EXCEPTIONS IN ACCORDANCE WITff`F , RDA RULE OF CIVIL PROCEDURE 1.490(i). YOU WILL BE REQ` * .070 PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPOR' ' OUR EXCEPTIONS OR YOUR EXCEPTIONS WILL BE DENIED. A RE ORD,ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. THE PERSON SEEKING REVIEW MUST HAVE' PREPARED IF NECESSARY FOR THE COURT'S The hearing before the Magistrate was electronically recorded by the Court. A party may request an electronic certified copy of the proceeding on CD, at that pgty! expense, and may then have the recording transcribed, at that party's expense. Pr viding the Court with a copy of the CD, instead of a certified written transcript, is insufficient for review by the Court of exceptions. Media request forms, procedures, and fees, and a list of approved Transcriptionists are available on the Court's website, www.ca.cjis20.or2 , or by calling the Court's Electronic Court Reporting Department at 239-533-8207. However, if the below box is checked, one of the parties elected to retain, at that party's own expense, a live Court Reporter who was present for the purpose of creating the official record of the proceeding. Accordingly, any request for a transcript of the proceeding must be submitted to that Court Reporter. Q Packet Pg. 52 *** OR 5604 PG 3312 *** 3.A.d ❑ A live Court Reporter created the official record of the proceeding, and that Court Reporter's name and address is as follows: All parties ❑ ha Report and Recoj Dated:'=� have not waived the ten day period in which to file exceptions to the Oations of the General Magistrate. BY: �. Honorable D id edm Magistrate, Twentieth Judicial Circuit v/Stacie Vecchione, Esq. 200 SE 6rh Street, Suite 506 Ft. Lauderdale, FL 33301 staciena vecchionele al.com ✓Charles s. McCall, Esq 7650 W. Courtney Campbell Csv Ste 1150 Tampa, F133607 chmccallna firstam.com c a 0 D a U N 3 L a_ y d L Q 17 Ln to v 0 0 0 0 M N 0 N J a El Packet Pg. 53 1 3.A.d x Torres Family Trust CPUD P DI-PL20230000465 ADDRESS CHECKLIST Packet Pg. 54 3.A.d colfler county Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 00737000001 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] See Survey Attached STREET ADDRESS(ES) where applicable, if already assigned. N/A PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME Torres Family Trust CPUD PROPOSED PROJECT NAME N/A PROPOSED STREET NAME(s) N/A LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] PL20160000226 Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 55 I�aa-anaaisuy Niwva sw�vy-sar0000ezona � eorszl afie�ava an�aea zax- � ♦xawx�rur xuewavvxr o Ail- pE S E e mdW S �4�' 3H,iS6 3 l 3l5 ✓ • m y 4 � H� '� '.-� r� w Fagg r� s° r� A -_- - • • --- "tee•+, �`-- d - h.:_ �:_ . '� .ia 'PD �Y k jl--- _----- ti6< NN y px} a_T 22W Q b Al H o £F W= G 'a �, g< a j p C`'>`S r fie+ j ® •: � #� ma's m"g I i 3�H j � :N � •1 rbJ o� 3 t"ssJ ss s sus o�0 00° , �. �fdti �7 tWb' a I 0 mesa wv o W�9�380 Z G¢bd d :p= akeao YM..... OR.-aGma 3 p;za . . �Y Bgetl=F -Om o3pWGsy�a. 0 0 98o - € a � rrli i1 4, a�rl —�� '�� '�, jam"' *. r�► '�`�� o 14 C C C C C` C C c a 0 C 'I7 . rl l 11[j}��.�/ I �4\ �• 1 r r � a r> Cal 1. ` '�A` _ ,+,�� ` 'C r. ••� =� W .•.A•• Tr afJr, ` Z sir ." �`e` u r ►Z-� r _ IyJ It 1, l ► + i 1 ? �. „liii ' '1 2 �r U -A Ill AN VIAPit C,p .te RVI TORRES FAMILY TRUST CPUD PDI • AERIAL LOCATION MAP o zoo v Naples, FL FE 1 28100 Bonita Grande Drive ■ Date: 1/6/2023 Information furnished regarding this propert from sources deemed reliable. RVI has not In --- Suite 305 / 22007289 an independent investigation of these sources Bonita Springs, FL 34135 and no warran- is made as to their accuracy or Te1:239.405.7777 completenes www.rviplanning.com +Creative Commons ILF, LLC change, ant: approval. Packet Pg. 57 3.A.d x Torres Family Trust CPUD P DI-PL20230000465 PROPERTY OWNERSHIP DISCLOSURE FORM Packet Pg. 58 3.A.d s Co er County .00000�� COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierRov.net 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 percentage of such interest: L7 C. Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the ,ercentage of stock ownea by eacn: Name and Address % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 59 3.A.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net I e R 9- w GOAT County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP list the name of the general and/or limited partners: Name and Address % of Ownership Torres Family Holdings, LLC - 7742 Alico Rd Ft Myers, FL 33912 100% David E. Torres Revocable Trust {David E. Torres 100% Beneficiary} 33.3% Sergio F. Torress 33.3% Andres F. Torres 33.3% 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 Myers, stocKnoiaers, oeneTiciaries, or partners: Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of ricers, iT a corporaEion, partnersnip, or trust: Name and Address Date subject property acquired 12/20/2012 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 60 3.A.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: Date option terminates: Anticipated closing date: Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 or 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 thatfailure 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 n Naples, FL 34104 Agent/Owner Name (please print) Created 9/28/2017 I-Y-Z3 Date Page 3 of 3 Packet Pg. 61 3.A.d x Torres Family Trust CPUD P DI-PL20230000465 AFFIDAVIT OF AUTHORIZATION Packet Pg. 62 3.A.d AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220015397 1, David E. Torres (print name), as Managing Member (title, if applicable) of Torres Family Holdings, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant❑contract purchaser=and 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 I-(Planning+LandscapeArchitDdLre,Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • if the applicant is a corporation, then it is usually executed by the Corp. pros. 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, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. I (��' Signatu STATE OF FLORIDA COUNTY OF COLLIER Date The foregoing instrument was acknowleged before me by means of physical presence or ❑online notarization this day of , 20 Z 5 by (printed name of owner or qualifier) DQLQ �CE C 7 6 r re-S Such person(s) Notary Public must check applicable box: Are personally known to me t;;,Y, :! TAMELA M. SCHRODER ,- ❑ Has produced a current drivers license ,� MY COMMISSION #b HH 121414,o EXPIRES; Apfd 25.2025 0 Has produced as identification. ''Fo"`°� 8*r4WT1WukamY cUrdarwsttan Notary Signature:,J&,�Wl` I Q)�� CPM-COA.-001151155 REV 3/4/2020 Packet Pg. 63 3.A.d DIVISION OF CORPORATIONS mow► official Slaty of Florida websiee Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company TORRES FAMILY HOLDINGS, LLC Filing Information Document Number L12000155550 FEI/EIN Number 46-1606992 Date Filed 12/13/2012 Effective Date 12/10/2012 State FL Status ACTIVE Principal Address 1877 NW 94TH AVE #109B CORAL SPRINGS, FL 33071 Changed: 06/25/2021 Mailing Address 7742 Alico Rd Ft Myeres, FL 33912 Changed: 02/18/2014 Registered Agent Name & Address TORRES, DAVID E 7742 Alico Rd Ft Myeres, FL 33912 Address Changed: 02/18/2014 Authorized Person(s) Detail Name & Address Title MGR TORRES, DAVID E 7742 Alico Rd Ft Myeres, FL 33912 Annual Reports Packet Pg. 64 1 3.A.d Torres Family Trust CPUD PDI-PL20230000465 NEIGHBORHOOD INFORMATION MEETING Packet Pg. 65 3.A.d Lis Memorandum To: Sean Sammon, Collier County Zoning Division From: Josephine Medina, AICP, RVi Planning + Landscape Architecture, Inc. Date: March 08, 2023 Subject: Torres Family Trust CPUD PDI (PL20230000465) Neighborhood Information Meeting Summary RVI Planning + Landscape Architecture, Inc. and Creative Commons ILF, LLC conducted a neighborhood informational meeting (NIM) for the Torres Family Trust Commercial Planned Unit Development (CPUD) Insubstantial Change to a PUD (PDI). The meeting was held on Monday, March 3, 2023, at 5:00 p.m. at the Collier County South Regional Library, 8065 Lely Cultural Pkwy #9005, Naples, FL 34113, Meeting Room A. The sign -in sheets are attached as "Exhibit A" and demonstrate approximately 13 attendees came to the meeting, including Collier County Staff, the applicant and the applicant's project team. Additionally, one (1) attendee participated via Zoom. A copy of the legal notice, affidavit of publication, a copy of the letter sent to surrounding property owners, and a list of the surrounding property owners are attached as Exhibit "B". Josephine Medina started the meeting by introducing herself and Jeremy Frantz with RVI Planning + Landscape Architecture, along with the property owner/applicant David Torres with Creative Commons ILF, LLC, and the project traffic engineer Norman Trebilcock. She introduced Collier County staff Sean Sammon. Exhibit boards were provided for the audience depicting Torres Family Trust CPUD location Exhibit "D" and proposed RPUD Master Plan Exhibit "E". A Project Information Handout was provided Exhibit "ll". For the meeting, the applicant had prepared a 10-slide presentation Exhibit "C" that included a map and aerial of the area, development in the surrounding area. Ms. Medina explained the request was to move the access point of the site from Creative Drive to US-41 and to provide clarification on the Master Plan that there is no wall required between the preserve area and the adjacent property lines. It was explained that notification to the Hearing Examiner meeting will be provided similar to this Neighborhood Information Meeting. Public Comment Summary: 1. Do the access points on Creative Drive currently exist now? RESPONSE: No 2. Which road is creative drive? Is it the road with a fence around it? RV Planning + Landscape Architecture • 28100 Bonita Grande Drive, Suite 305 • Bonita Springs, FL 34135 • 239.405.7777 www.rviplanning.com Packet Pg. 66 3.A.d RESPONSE: Location of the access point on 41. There is no fence around the road there is a fence around the lift station near Creative Drive. 3. Will the lot be cleared again? RESPONSE: Previous clearing was for geotechnical boring. The lot will be cleared again but will include silt fencing when clearing takes place. Timing for clearing is probably October or November and this summer at best. 4. What will be built on the property? Are you required to prepare meals on -site? RESPONSE: 4-story, 55+ ILF with maximum FAR of 0.60 and Floor Area Ratio was explained. Approximately 107 units. Will include prepared meals in a designated dining area. 5. What does the note on the MCP mean that there is no requirement for a wall? RESPONSE: Clarifying the preserve requirement because the record was not clear. The area where the wall would be required was identified. 6. How high will the wall be? RESPONSE: 6 foot 7. Will there be school children associated with the development? RESPONSE: We will comply with the LDC for group housing regarding families and children 8. How will parking be addressed? Will there be a parking garage? RESPONSE: Surface parking 9. How many bedrooms will the ILF have? RESPONSE: Approximately 107 units with 140 beds. A mix of one and two bedrooms with studios. 10. Will there be a wall on US41? RESPONSE: No wall, only a buffer 11. Will there be a concrete wall on US41 like other developments in the area? RESPONSE: No 12. Where will the water from the development go? RESPONSE: We will have a berm around the property and a surface water system to address stormwater. 13. How tall is the berm? RESPONSE: Has not been designed yet but will meet the stormwater design requirement. RV Planning + Landscape Architecture • 28100 Bonita Grande Drive, Suite 305 • Bonita Springs, FL 34135 • 239.405.7777 www.rviplanning.com Packet Pg. 67 3.A.d 14. Multiple questions about the number of access points RESPONSE: FDOT's reasons and process for re-establishing access points on Creative Drive was explained. 15. Comments/concerns expressed about the need for a signal on US41 RESPONSE: The process for signalization was explained. 16. Will the berm cause flooding around the project? RESPONSE: We will be required to obtain permits showing we won't flood our neighbors. 17. Where does the water go that is from neighboring properties? RESPONSE: Into the stormwater system associated with those properties. 18. Are we changing the speed limit? RESPONSE: FDOT will study speeds. We cannot make that change. 19. Will there be a turn lane into the development? RESPONSE: Turn lanes are based on traffic volumes and this use typically generates less traffic so it may not include a turn lane. 20. How will we prevent sinkholes? RESPONSE: Geotechnical engineers will determine appropriate footings for buildings. There were no further comments and the meeting concluded at approximately 5:55 p.m. RVi Planning + Landscape Architecture • 28100 Bonita Grande Drive, Suite 305 • Bonita Springs, FL 34135 • 239.405.7777 • www.rviplanning.com Packet Pg. 68 andO Isnil fl!we=l saaaol - 99b0000£ZOZ-ld : SOVSZ) Oft'Ved do)13e8 X3H - 0 1N3WH3VII d :;u8wLl3ePV V z F— w C w a_ U I— U) ry �N J Q LL z O H Q ry O LL z V ) w Of O 0 O O 2 Of O m CD uw z E Q co N N 7101 U L J W J � � � Z Q V a O cJ .. a o) to V Qi �I v U t lz� 0 1 L Tcc) Y"cT V L v � vI ol NJ 7 a I e. andO Isnil Al!we=l saJJO1- 99ti0000£ZOZ-ld : SOVSZ) eBeMaed do)i:)e8 X3H - 0 1N3WH:DVIIV :;uauay:)ellV CD Z n0 LJJ ~ 1..L W :5 7 7 ^ 0 U� C/) D ry ^' 0 Z J — 0 L.LO C/) _ W ry0 clf Co o _ W Z i Q 0 0 Y J t' J N 0 N CD U C6 J Q w J (U H Z_ a w a w J a w N Q W 1 1 CC i a b4 t d Z 3.A.d NaPttS4:3a*jjj ]CWS PART OFTHE USA TODAYNETWORK Published Daily Naples, FL 34110 RVI PLANNING INC 28100 BONITA GRANDE DR 4305 BONITA SPRINGS, FL 34135 ATTN Affidavit of Publication 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. 2/17/2023 Subscribed and sworn to before on February 17th, 2023 Notary, State of WI, County of Brown My commission expires: (� PUBLICATION COST: $470.40 AD No: GC11018911 KATHLEEN ALLEN CUSTOMER NO: 507176 Notary Public PO#: PUBLIC NOTICE State so f- Wisconsin AD SIZE: DISPLAY AD 2X7 Packet Pg. 71 3.A.d NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood information meeting held by RVi Planning + Landscape Architecture, Inc. on behalf of Creative Commons ILF, LLC at the following time and location: Monday, March 6, 2023, at 5:00 p.m. Collier County South Regional Library 8065 Lely Cultural Pkwy #9005, Naples, FL 34113 Meeting Room A Attending Virtually is also available using Zoom Meeting ID: 842 4247 4923, Passcode: 0000. Please be advised that Creative Commons, LLC has filed an application (PL20230000465) with Collier County. This application is seeking approval of an Insubstantial Change to a Planned Unit Development (PDI). The Application will allow for the relocation of the project's access point along US-41 and clarify development standards. The Torres Family Trust CPUD Property totals 5.86+/- acres and is generally located on the south side of US 41, approximately % mile southeast of Manatee Road and opposite and south from Naples Reserve Boulevard in unincorporated Collier County, Florida. WE VALUE YOUR INPUT Business and property owners and residents are welcome to attend the presentation and discuss the project with the owners' representatives and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed to: RVi Planning + Landscape Architecture, Inc. c/o Josephine Medina 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 (239) 908-3421 OR Jmedina@RViPlanning.com ND GCIIOI8911.0' Packet Pg. 72 6A I FRIDAY, FEBRUARY 17, 2023 1 NAPLES DAILY NEWS 3.A.d Angie Beer and her chthuahua Bella glance at each other in Beer's new electric wheelchair as Salvation Army program manager Lisa Loren watches at the Salvation Army in Naples on Wednesday. JONAH HINEBAUGH/NAPLES DAILY NEWS Chair In addition to giving her the freedom to roam where she wants, the chair also raises and lovers to get her to eye level with the countertops, and it will Continued from Page 3A allow her to lean back if she is in pain. "Ithink you brought more joy to us, than we did to supplies. From there, she was put into contact with you," Loren said. Salvation Army program manager Lisa Loren. Beer hopes more people like herself won't fall to Loren Said she was "struck by (Beer's) attitude of the wayside as the response to Hurricane Ian con - gratitude." tin Ues. "She was so upbeat and pleasant with her little dog," "People like me aren't thought about w,less they said Loren when referencing their first time meeting. have someone like me in their family or as a friend, Partnering with the ColPFer Community Foundation, she said. "Other than that, I dolt think anyone gives they secured a new mobilized wheelchair for Beer us- people like my situation a second thought, because it ing funds from the Hurricane Ian Transportation just doesn't occur to them. I understand, but they do Needs Program. need to kind of start thinking about these people." 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We're hem to help you faun wet to F,niah "Ihe fir<t clop xludulmg yourI RIA: roof uWpatien, to daenn,.....f em is damage to yis muf is luv c) cars if exln�ncrcc bdpmg ou„1— 1101 full 1-1 nplan�ments and repair 1-844-784-ROOF (7663) 5037 Tan, iami Trail East, Naples FL 34113 info©masseycg.com • MasseyRDofingServices.com LICENSED, CERTIFIED AND DEDICATED TO QUALITY 1\L arc Lrm,d le pond, thu utmav;l ILWIty Ii svrvia• ..,it products t..,It soulli—I I Iunda LICENSE C's CCC 132891 a, CGC 060399 NEIGHBORHOOD INFORMATION MEETING The public is imiled to attend a netghborh00d Information meeting held by RV Planning + Le srape Archnmd.m, Inc on behalf of Cmafiva Commons II-F. LLovnr C al the folltg time and lowhon. Martd March 6, 2023. at 5;Go pm. Collier County South Regional Library 8065 Lay Cultural Pkwy 49005. Naples, FL 34113 Meeting Room A Attending Virtually is also available using Zoom Meeting ID: 84242474923, Passcode: 0000, Please be advised that Creative Commons. LLC has filed an eppltt: (YL2U23000U4bb) win l Ilmr l rly. Ihls application is seeking approval of an Insubstantial Change to Planned Unit Development (PDO, The App-lion Will allow for the rclac on of the protect s access point along US -Al and dimly development standards. The Torres Family Trust CPUD Properly tolals 5.86+/- acres and Is generally loraled on the south sole o/ US 41, appraximalely Y. mule souateast of Manatee Road and Opp—ta and soulh from Napples Roser" Boulevard in unincorporated Collier County, Flonde !E {1 t 4 / i t 6axa.aWc _ A WE VALUE YOUR INPUT Business and property owners and residents are Welcome to attend the presentation and discuss the protect With the owners' represenUlives end Colim, County staff. If you are unable to attend this meeting, but have questions or comments, they can be duetted to: RN Planning + Landscape ArchileUure. Inc. do JosepIn Medina 28100 Bonlla Grand Dr, Sulle 305, Bonita Springs, FL 34135 (239) 908-3421 OR Jmedlna@RVPlanning.com 0- FOR 70 YEAR( SHOE . WAREHOUSE We help fArlel)me18 achieve pain -tree walking by Providing 5 star service, Dread selection, and superior qualify comfort fashion footwear. ® PieSa7rta j fj;• DICHEN26 14, w J �s3 j ad5lCS. �` da;NxD vacs=ruff A _ kvbur!, ecco Packet Pg. 73 BA I FRIDAY, FEBRUARY 17, 2023 1 NAPLES DAILY NEWS � DOING 1fiI JAS7�S',p THE MOST �"'J\ 119,Wti']/� DOING THE MOST DOING THEMOST OD \ OD 0006 DOING DOING THE MOST THE MOST GOOD �- 1i GOO a 1A ` CELEBRATING 34 YEARS IN NAPLES! r 2312 Pine Ridge Road, Napl hill / 435-0553 (in the Target Center next to P exquisiteboutiquenaples.c Angie Beer and her chihuahua Bella glance at each other in Beer's new electric wheelchair as Salvation Army program manager Lisa Loren watches at the Salvation Army in Naples on Wednesday. JONAH HINEBAUGH/NAPLES DAILY NEWS Ch11Y In addition to giving her the freedom to roam where she wants, the chair also raises and lowers to get her to eye level with the countertops, and it will Continued from Page 3A allow her to lean back if she is in pain. "I think you brought more joy to us, than we did to supplies. From there, she was put into contact with you," Loren said. Salvation Army program manager Lisa Loren. Beer hopes more people like herself wont fall to Loren said she was "struck by (Beer's) attitude of the wayside as the response to Hurricane Ian con - gratitude." tinues. "She was so upbeat and pleasant with her little dog;' "People like me aren't thought about unless they said Loren when referencing their first time meeting. have someone like me in their family or as a friend;' Partnering with the Collier Community Foundation, she said. "Other than that, I don't think anyone gives they secured a new mobilized wheelchair for Beer us- people like my situation a second thought, because it ing funds from the Hurricane Ian Transportation just doesn't occur to them. I understand, but they do Needs Program. need to kind of start thinking about these people." 1 L-1, t�- L�LLL=LL\� �+ hL�1' LLB L�IzL=LLSS IzKL L<l!L�L�LL<�Ll=LLB L=LI<1-1y LLX� WHY CHOOSE MASSEY CONSTRUCTION GROUP? • STATE CERTIFIED CONTRACTOR IN FLORIDA • EXTENSIVE EXPERIENCE WITH HURRICANE SINCE 1999 AND WIND DAMAGE • ALL TYPES OF ROOFING REPAIRS & TOTAL 15 YEARS' EXPERIENCE WRITING REPLACEMENTS INSURANCE ESTIMATES • SHINGLE ROOF INSTALLATION IN-HOUSE CREWS (NO SUBCONTRACTORS) • METAL ROOF INSTALLATION LONG LIST OF HIGHLY SATISFIED • LOCALLY OWNED 8 OPERATED CUSTOMERS (CHECKOUT US ON BBBAND GOOGLE) • A+ RATED BY THE BETTER BUSINESS , LIVE VIDEO INSPECTIONS - SEE WHAT WE BUREAU ARE SEEING IN "REAL TIME" FROM THE • CERTIFIED BY THE TILE ROOFING INSTITUTE COMFORT OF YOUR HOME • HAAG CERTIFIED ENGINEERING ROOF FREE ROOF INSPECTIONS 7 DAYS A WEEK INSPECTORS A NEW ROOF WILL LOWER YOUR • TILE ROOF INSTALLATION IS OUR SPECIALTY INSURANCE MASSEY CONSTRUCTION GROUP, INC. 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LICENSE #'s CCC 1328914, CGC 060399 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood informs meeting held by RVi Planning +Landscape Architect - on behalf of Creative Gommons ILF LLC at the follcwin and location: Mondey March 6 2023 at 5:00 p.m. Collier C ry South Reggional Library 8065 Lely Culluml 11, #9005, Naples, FL 34113 Meeting Room A Attending Virtually Is also available using Zoom Me ID: L2 4247 4923, Passoode: 0000. Please be advised that Creative Commons, LLC he an application (PL20230000465) with Collier Count application is seeking approval of an Insubstantial Cha a Planned Unit Development (PDI). The Application wil for the relocation of the project's access point along US - clarify development standards. The Torres Family Trust CPUD Property totals 5.86+1- act is generally located on the south side of US 41, appmai mile southeast of Manatee Road and opposite and frgm Naples Reserve Boulevard in unincorporated County, Florida. C a c IL IL 11 N 2 f T -E m LL d `o 1— N WE VALUE YOUR INPUT � Business and property owners and residents are wela o tc attend the presentation and discuss the project with the c a s representatives and Collier County staff. If you are um m tc attend this meeting, but have questions or comments, th c Ir be directed to: N J RVi Planning + Landscape Architecture, Inc. Go a Josephine Medina 28100 Bonita Grande Dc, Suite 305, Bonita Springs, FL 22 5 3.A.d February 17, 2023 RE: Torres Family Trust CPUD PDI PL20230000465 Dear Property Owner: Please be advised that Creative Commons, LLC has filed an application (PL20230000465) with Collier County. This application is seeking approval of an Insubstantial Change to a Planned Unit Development (PDI). The Application will allow for the relocation of the project's access point along US-41 and clarify development standards. The Torres Family Trust CPUD Property totals 5.86+/- acres and is generally located on the south side of US 41, approximately '/2 mile southeast of Manatee Road and opposite and south from Naples Reserve Boulevard in unincorporated Collier County, Florida. (see attached project location map). In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this application and ask questions. The Neighborhood Information Meeting will be held on Monday, March 6, 2023, at 5:00 p.m. at the Collier County South Regional Library, 8065 Lely Cultural Pkwy #9005, Naples, FL 34113, Meeting Room A. Attending virtually is also available via Zoom. Please visit www.zoom.us, click on "Join A Meeting" in the top right corner, and enter Zoom Meeting ID: 842 4247 4923, Passcode: 0000. Should you have questions prior to the meeting, please contact me directly at (239) 908- 3421 or JMedina(a),RViPlanning.com Thank you, :Vi Planning + Landscape Architecture Josephine Medina, AICP Project Manager RVi Planning + Landscape Architecture • 28100 Bonita Grande Drive, Sutie 305 • Bonita Springs, FL 34135 • 239. • www.rviplanning.com Packet Pg. 75 3.A.d F- U G a� J� m J is 0l `r4y tY 0 v o � t a z y 47 R U i 5. U 0 N Z J R J T LOCATION MAP m RVi Planning + Landscape Architecture 1 2 of 2 Torres Family Trust CPUD (PDI) PL20230000465 Packet Pg. 76 3.A.d 9239 TESORO LANE SPE LLC ADAMS, SHELBY J ADANI, FREDERICK M & BRYNA L 22 POST ROAD 190 PANTHER PASS CIRCLE BRENT M ADANI HOOKSETT, NH 05106 --- 0 NAPLES, FL 34114 --- 0 248 MAINCENTRE NORTHVILLE, MI 48167 --- 0 ALEXANDER, LYNN & SHIRLEY ALLIN TRUST NO 1 JT TRUST AMORE, LEONARD E 14100 TAMIAMI TRL E 4235 14100 TAMIAMI TRL E 4236 CAROL ANN RAGUSA-AMORE NAPLES, FL 34114 --- 0 NAPLES, FL 34114 --- 0 577 GRAND STREET a APT F-1604 0 NEW YORK, NY 10002 --- 0 :3 a BACK LAND TRUST BAKER, CECIL GREGORY BELL, CONRAD A & CYNTHIA J U 9287 MUSEO CIR 4102 LAURA M BAKER 9275 MUSED CIR 4103 L NAPLES, FL 34114--- 9511 14100 TAMIAMI TRL E#446 NAPLES, FL 34114--- 9514 NAPLES, FL 34114 --- 0 2' m U- BERARDI, TERESA & JOSEPH BIEN, THOMAS BINA, SHABAB & SHIDEH SEDGH 14100 TAMIAMI TRAIL E 4225 KAITLYN BALL 482 GYPSY LANE o NAPLES, FL 34114 --- 0 14187 FALL CREEK COURT 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RVI has not In --- Suite 305 / 22007289 an independent investigation of these sources Bonita Springs, FL 34135 and no warranty is made as to their accuracy or Tel: 239.405.7777 completena www.rviplanning.com + Creative Commons ILF, LLC change, an approval. Packet Pg. 101 m Iwa-anaa — Nw•J—.-sevooao—d:—)ee .,enlace..-a•rvawwavJlr ` e ~ y (6ti-Lti S3J`dd `ZE >1008 WfIINIWO(INOJ) m DAdll W m E N011D3S SS3Nd3alIM ldlb3dWl IY w d m � W m � W �LL �m LU In > LL w Of U u IN O 0 . 0- 5 W� U I m - o II z O � ci] d I �I w � Q a I III LU N o Q u zU Y w� �� wof0 m a w W oQ i m u ,D o uLn j it a LU O ~ ru a z o I na N3 Fa I I I > z 0 d j ❑ O ❑ u= w0 I o< L I� l\\ m > H = \ _ viww aLL u=� w I u a U S �7 ap0 oU m \ b � p I I I \� 11 11 � 0 3 s;�s PO t O J � e-I ] Z w Q ❑ O Jp�Ll1w z y g w p Z m W a 85 S -z Z- z W 0 Na�� O p W v a w tl ?wzz >p�xm a 0 U N W OF iO� Z U 7 W H w U _ Z w j 0 Z a 5 fw m Q= d O m W C n w U w LL Z 7 w U Z Q= d a w w Z cc [0 J W W m C) J U J Q Lu c ~ L T J N U 1 Q O 0 Q G 2 VC' Q N VIZ Q 1F LLO w I Nt 0 en u � - o w Lq o - U 3 0 i a m ■� 5 W a a ~ O w LL 0 z m coz L. cc a IJJ > e e e SS , a W Z W G LL O C u S LUcc Z m a s u a W LU 9 e Ln 0 LM \° rm ID g 000 rm-1 r•I ca u c Q O 000 000 yaj IA O V) tA w N a W to D 0 1� z J a J Q H v a ~ z a " gF� INP eon sc vpow waszz� - eioz roi wa i w � pia oieon :coy e.c i•�rmo sioz\e+a\�s�ua Rew�a •woa eao'sioz\sioz-nx\p»ago.a\ 3.A.d ki TORRES FAMILY TRUST CPUD (PDI) PL20230000465 Neighborhood Information Meeting Monday, March 6, 2023 5:00 p.m. PROJECT INFORMATION SHEET Project Size: 5.86+/- Acres Future Land Use: East Tamiami Trail Commercial Infill Subdistrict Current Zoning: Commercial Planned Unit Development (CPUD) Approved Density/Uses: up to 60,000 SF commercial uses & Group Housing at a maximum floor area ratio of 0.60. Proposed Density/Intensity/Uses: No Change PDI Requests: • Moves access point to the site from Creative Drive to US-41. • Clarifies there is no wall required between preserves and adjacent property lines on the CPUD Master Plan RVi Planning + Landscape Architecture • 28100 Bonita Grande Drive, Sutie 305 • Bonita Springs, FL 34135 • 239.405.7777 www.rviplanning.com Packet Pg. 103 3.A.d ORDINANCE 18-29 Torres Family Trust CPUD P DI-PL20230000465 Packet Pg. 104 3.A.d ORDINANCE NO. 18-22 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS TORRES FAMILY TRUST CPUD TO ALLOW DEVELOPMENT OF UP TO 60,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL USES INCLUDING AIR- CONDITIONED MINI SELF -STORAGE WAREHOUSING, AND ALLOWING ASSISTED LIVING FACILITIES AT A FLOOR AREA RATIO OF .60 AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY CONSISTS OF f5.8 ACRES AND IS LOCATED ON THE SOUTH SIDE OF US 41, APPROXIMATELY ONE-HALF MILE SOUTHEAST OF MANATEE ROAD AND, OPPOSITE AND SOUTHEAST FROM NAPLES RESERVE BOULEVARD, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20160000226] WHEREAS, Robert Mulhere, FAICP of Hole Montes, Inc. and Rich Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A representing Torres Family Holdings, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 12, Township 51 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 5.76+/- acre project to be known as the Torres Family Trust CPUD to allow commercial uses in [16-CPS-01604/1411507/1] 177 Torres Family Trust PUDZ-PL20160000226 5/7/18 1 of 2 Packet Pg. 105 3.A.d accordance with the CPUD Documents, attached hereto as Exhibits "A" through "F" and incorporated herein by reference. The appropriate zoning atlas map or maps as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 18- 30 becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of ��;� , 2018. ATT$ST: ti , DWI Hi - E. "BROOK, CLERK By. 'Deputy Clerk Attestagi1 Chi ►man's signature only. Approved as to form and legality: a Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A — Permitted Uses BOARD OF YOUI ITY COM IONERS COLLIE OU `tY, FLO By: ANDY SOLIS, Chairman Exhibit B — Development Standards Exhibit C — Master Plan Exhibit C-1 — Perimeter Berm Zoning Exhibit Exhibit D — Legal Description Exhibit E — List of Deviations Exhibit F — Developer Commitments [l 6-CPS-01604/ 1411507/ 1 l 177 Torres Family 'Trust PUDZ-PL20160000226 5/7/18 2 of 2 This ordinance fi!c-1 with the Secretcry of S'Cite.'5 01't ;CG t't-0 Ak"'JO, of _dt_►_ti_e_-_, 2bt and acknow'edge.-Trent Qt,^Cit filing -ecei=ived this ciny of syn t Deputy is tork r- Packet Pg. 106 3.A.d EXHIBIT A TORRES FAMILY TRUST CPUD LIST OF PERMITTED USES PERMITTED USES: No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, within the Torres Family Trust CPUD, for other than the following: TRACT C — COMMERCIAL DEVELOPMENT I. Principal Uses A. Up to 60,000 square feet of gross floor area of the following commercial uses, as identified with a number from the Standard Industrial Classification Manual (1987), subject to the restrictions in 1.13 and III. No single use may exceed 45,000 square feet of gross leasable area. 1. Accounting, auditing, and bookkeeping (8721). 2. Advertising agencies (7311). 3. Animal specialty services, except veterinary (0752, excluding animal shelters; artificial insemination services: animal specialties; breeding of animals; dog pounds; honey straining on the farm; training horses, except racing; outside kenneling and horse boarding). 4. Apparel and accessory stores (5611-5699). 5. Architectural services (8712). 6. Auto and home supply stores (5531). 7. Banks, credit unions and trusts (6011-6091). 8. Barber shops (7241, except for barber schools). 9. Beauty shops (7231, except for beauty schools). 10. Business associations (8611). 11. Business consulting services (8748). 12. Business credit institutions (6153-6159). 13. Business services —miscellaneous (7389, excluding auctioneering service; automobile recovery; automobile repossession; bartering services for businesses; batik work; bondspersons; bottle exchanges; bronzing; cloth cutting; contractors' disbursement; convention decorators; cosmetic kits; cotton inspection; cotton sampler; directories, telephone; drawback service, customs; drive -a -way automobile; exhibits, building; filling pressure containers; field warehousing; fire extinguishers; firefighting service; floats, decoration; folding and refolding; gas systems; inspection of commodities; labeling bottles; liquidation services; metal slitting and shearing; mounting merchandise on cars; music distribution systems; packaging and labeling; patrol of electric transmission or gas lines; pipeline or powerline inspection; pre-sorting mail service; press clipping service; produce weighing service; product sterilization service; racetrack cleaning; radio Page 1 of 14 H:\2016\2016009\WP\PUDZ\BCC\Tones Family Trust CPUD (PL-20160000226) (6-12-2018).doex Packet Pg. 107 broadcasting music checkers; recording studios; repossession service; rug binding; salvaging of damaged merchandise; sampling of commodities; scrap steel cutting and slitting; shrinking textiles; solvent recovery; sponging textiles; styling of fashions, apparel, furniture, and textiles; swimming pool cleaning; tape slitting; textile designers; textile folding; tobacco sheeting; weighing foods and other commodities; window trimming; and yacht brokers). 14. Child day care services (8351). 15. Churches. 16. Civic, social, and fraternal associations (8641). 17. Commercial art and graphic design (7336). 18. Commercial photography (7335). 19. Computer and computer software stores (5734). 20. Credit reporting services (7323). 21. Direct mail advertising services (7331). 22. Drug stores (5912). 23. Eating and drinking places (5812 restaurants only). All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01 of the LDC. 24. Educational plants and services (8211, 8221-8222). 25. Engineering services (8711). 26. Essential services, subject to section 2.01.03 of the LDC. 27. Federal and federally -sponsored credit agencies (6111). 28. Food stores (groups 5411-5499). 29. Garment pressing and agents for laundries and drycleaners (7212, excluding truck route laundry and drycleaning, not operated by laundries). 30. General merchandise stores (5331-5399). 31. Glass, Paint, and Wallpaper stores (5231). 32. Group care facilities limited to persons 55 and over (category I and lI, except for homeless shelters); care units, except for homeless shelters; nursing homes; independent or assisted living facilities pursuant to F.S. § 429 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04. of the LDC (hereinafter collectively or singularly referred to as "Assisted Living Facility"). Assisted Living Facilities are not subject to the limitation on square footage. 33. Hardware stores (5251). 34. Health services, offices and clinics (8011-8049, 8092, and 8099). 35. Home furniture and furnishings stores (5712-5719). 36. Home health care services (8082). 37. Household appliance stores (5722). 38. Insurance carriers, agents and brokers (6311-6399, 6411). 39. Labor unions (8631). 40. Landscape architects, consulting and planning (0781). 41. Legal services (8111). 42. Libraries (8231). 43. Loan brokers (6163, excluding pay day loans). 44. Management services (8741, 8742). Page 2 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD (PL-20160000226) (6-12-2018).doex Packet Pg. 108 3.A.d 45. Membership organizations, miscellaneous (8699). 46. Motor freight transportation and warehousing (4225, air conditioned and mini -and self -storage warehousing only). 47. Mortgage bankers and loan correspondents (6162). 48. Museums and art galleries (8412). 49. Musical instrument stores (5736). 50. Personnel supply services (7361 & 7363). 51. Personal services, miscellaneous (7299 - limited to babysitting bureaus, clothing rental, costume rental, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure. 52. Photographic studios, portrait (7221). 53. Physical fitness facilities (7991; 7997). 54. Professional membership organizations (8621). 55. Public administration (groups 9111-9199, 9229, 9311, 9411, 9451, 9511-9532, 9611-9661). 56. Public relations services (8743). 57. Radio, television and consumer electronics stores (5731). 58. Radio, television and publishers advertising representatives (7313). 59. Real Estate (6531-6552). 60. Religious organizations (8661). 61. Repair services - miscellaneous (7629, excluding appliance repair; business machine repair; office machine repair - except typewriters, computers; and washing machine repair; 7631, 7699 - limited to bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 62. Retail nurseries, lawn and garden supply stores (5261). 63. Retail services - miscellaneous (5921-5963 except pawnshops and building materials; 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 64. Security and commodity brokers, dealer, exchanges and services (6211-6289). 65. Shoe repair shops and shoeshine parlors (7251). 66. Surveying services (8713). 67. Tax return preparation services (7291). 68. Travel agencies (4724, no other transportation services). 69. United States Postal Service (4311, except major distribution center). 70. Veterinary services (0742, excluding outdoor kenneling). 71. Any other principal and related use that is determined to be comparable and compatible to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the LDC. B. The following commercial uses, as identified with a number from the Standard Industrial Classification Manual (1987), are prohibited within 60 feet of the southern or eastern property line: 1. Animal specialty services, except veterinary (0752, excluding animal shelters; artificial insemination services: animal specialties; breeding of animals; dog Page 3 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD (PL-20160000226) (6-12-2018).docx Packet Pg. 109 3.A.d pounds; honey straining on the farm; training horses, except racing; outside kenneling and horse boarding). 2. Apparel and accessory stores (5611-5699). 3. Auto and home supply stores (5531). 4. Banks, credit unions and trusts (6011-6091). 5. Barber shops (7241, except for barber schools). 6. Beauty shops (7231, except for beauty schools). 7. Business credit institutions (6153-6159). 8. Business services -miscellaneous (7389, excluding auctioneering service; automobile recovery; automobile repossession; bartering services for businesses; batik work; bondspersons; bottle exchanges; bronzing; cloth cutting; contractors' disbursement; convention decorators; cosmetic kits; cotton inspection; cotton sampler; directories, telephone; drawback service, customs; drive -a -way automobile; exhibits, building; filling pressure containers; field warehousing; fire extinguishers; firefighting service; floats, decoration; folding and refolding; gas systems; inspection of commodities; labeling bottles; liquidation services; metal slitting and shearing; mounting merchandise on cars; music distribution systems; packaging and labeling; patrol of electric transmission or gas lines; pipeline or powerline inspection; pre-sorting mail service; press clipping service; produce weighing service; product sterilization service; racetrack cleaning; radio broadcasting music checkers; recording studios; repossession service; rug binding; salvaging of damaged merchandise; sampling of commodities; scrap steel cutting and slitting; shrinking textiles; solvent recovery; sponging textiles; styling of fashions, apparel, furniture, and textiles; swimming pool cleaning; tape slitting; textile designers; textile folding; tobacco sheeting; weighing foods and other commodities; window trimming; and yacht brokers). 9. Child day care services (8351). 10. Churches. 11. Computer and computer software stores (5734). 12. Drug stores (5912). 13. Eating and drinking places (5812 restaurants only). All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01 of the LDC. 14. Educational plants and services (8211, 8221-8222). 15. Federal and federally -sponsored credit agencies (6111). 16. Food stores (groups 5411-5499). 17. Garment pressing and agents for laundries and drycleaners (7212, excluding truck route laundry and drycleaning, not operated by laundries). 18. General merchandise stores (5331-5399). 19. Glass, Paint, and Wallpaper stores (5231). 20. Hardware stores (5251). 21. Home furniture and furnishings stores (5712-5719). 22. Household appliance stores (5722). 23. Libraries (8231). 24. Loan brokers (6163). Page 4 of 14 H:\2016\2016009\wP\PUDZ\BCC\Torres Family Trust CPUD (PL-20160000226) (6-12-2018).doex Packet Pg. 110 3.A.d 25. Motor freight transportation and warehousing (4225, air conditioned and mini -and self -storage warehousing only). 26. Mortgage bankers and loan correspondents (6162). 27. Museums and art galleries (8412). 28. Musical instrument stores (5736). 29. Photographic studios, portrait (7221). 30. Physical fitness facilities (7991; 7997). 31. Radio, television and consumer electronics stores (5731). 32. Religious organizations (8661). 33. Repair services - miscellaneous (7629, excluding appliance repair; business machine repair; office machine repair - except typewriters, computers; and washing machine repair; 7631, 7699 - limited to bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 34. Retail nurseries, lawn and garden supply stores (5261). 35. Retail services - miscellaneous (5921-5963 except pawnshops and building materials; 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 36. Shoe repair shops and shoeshine parlors (7251). 37. United States Postal Service (4311, except major distribution center). 38. Veterinary services (0742, excluding outdoor kenneling). IL Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures permitted by right in this CPUD, including, but not limited to: 1. Outside storage or display of merchandise when specifically permitted by the LDC for a use, subject to LDC Section 4.02.12. 2. One caretakers residence, subject to LDC Section 5.03.05. 3. Temporary outdoor display of merchandise during business hours provided it does not adversely affect pedestrian or vehicular traffic or public health or safety as determined by the County. Merchandise storage and display is prohibited within any front yard but allowed within the side and rear yards of lots. 4. Signage in accordance with LDC Section 5.06.00 et seq. III. Restrictions on Certain Uses: Within 60 feet of the eastern and southern perimeter boundaries of the PUD, and subject to the square footage limitations in I.A., only the following uses and/or improvements shall be permitted: 1. Conservation/Preserve areas; 2. Landscape buffers; 3. Stormwater management areas (dry or wet detention); 4. Essential services; Page 5 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD (PL-20160000226) (6-12-2018).docx Packet Pg. 111 3.A.d 5. Professional office or other professional service uses not otherwise prohibited in Section I.B., above; and 6. Accessory uses and structures customarily associated with any of the permitted principal uses, including parking, except outdoor storage and display. IV. Prohibited Use: Any use meeting the definition of a sexually oriented business, as set forth in Ordinance No. 91-83, as amended, is prohibited. TRACT P — PRESERVE: PERMITTED USES: 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: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses, allowed only if additional acreage above the required minimum is provided in Tract P: l . Storm water management structures. 2. Pervious and impervious pathways and boardwalks, consistent with LDC Section 3.05.07 H. Lh.i. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Any other use which is comparable in nature with the forgoing list of permitted accessory uses, as determined by the Hearing Examiner by the process outlined in the LDC. Page 6of14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD (PL-20160000226) (6-12-2018).docx Packet Pg. 112 EXHIBIT B TORRES FAMILY TRUST CPUD DEVELOPMENT STANDARDS The table below sets forth the development standards for commercial land uses (including Assisted Living Facilities) within Tract C of the Torres Family Trust CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES ACCESSORY STRUCTURES MIN. LOT AREA 10,000 S.F. N/A MIN. LOT WIDTH 100 FEET N/A MIN. FLOOR AREA 1,000 S.F. N/A MINIMUM YARDS From Tamiami Trail 35 FEET SPS From adjacent TTRVC zoned property 25 FEET if no preserve or 25 FEET from reserve boundary 10 FEET if no preserve or 10 FEET from preserve boundary From adjacent PUD zoned property 25 FEET 10 FEET Min. Front Yard 10 FEET SPS Min. Side Yard 10 FEET 5 FEET Min. Rear Yard 10 FEET 5 FEET Min. Preserve Setback 25 FEET 10 FEET Min. Lake Setback 20 FEET 10 FEET MIN. DISTANCE BETWEEN STRUCTURES 20 FT or %2 sum of BH, whichever is greater 10 FEET MAX. BUILDING HEIGHT NOT TO EXCEED ZONED 45 FEET SPS MAX. BUILDING HEIGHT NOT TO EXCEED ACTUAL 52 FEET SPS 1. Per principal structure, on the finished first floor. 2. Landscape buffers shall be separately platted or separate tracts on the SDP. 3. As measured from the Control Elevation. Page 7 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD (PL-20160000226) (6-12-2018).docx Packet Pg. 113 QndO Isnal AI!Lue=l saaaol - 99t000O£ZOZ-ld 8OtiSZ) OUVLd dnMoe8 XBH - 0 1N9WH3Vi-LV :;ueLugOB;;y Q o ri cc a a w M LL Q Y 0] Z w a c 25 V Q;�Qo S a V o 0 Ln o�oz 3�z z g. > Q O H v 6 f vwi z 0 (6b-Lti S3�Jtid 'Z£ �009 W(IINIWO4N0D) a z T J Q l o_� w JAall 4 0,�u�3 0 44- -€ o E NOliD3S SS3Na3alIM IVM3dWl Z Q o � z x wiz PWf.c� �.. mQ�to d w fn inZuzz Q a wUU >�Q�w cn a m Q } ��oJco ;. w K 0 Q I .„.:. W Z) O a z X cL =00E< p I of Q v=i Q LLI ¢O Ln `. ..c M z o II _ OLU Ln LU Ln a I w„ w c� o W L) 2I w = zoo LLQ V w rn LL wooLL Li d % 0 II �� w I I al w� a a U who of a and � a a `=p"� U4 If oIY:' Jaol °i Z o a za= Qa_ a o o Wcw o — a wO wO = o o 0 } z LO I I Z O too w w U z N I W I w w =_.o W W O }, a U 0 co wLL a s� co cr wll �I a p z y III N I o r" m w - ri g uj U)X oo dLL III - I I \ Lr) U) w I a c; w o I w a O / b �� 13 Z s o 0�/ g e b wb�l e � e t S t ��M a M�wu �wxi� - vw['ri w i w � we -ww 'wR en>wn'eoovwx\�NwNi Rw-a -,-R %a'YWt\awi-M\a1'Ww\�R ld3 jsnal Allwezl saJJol - 99b0000EZOZld : 80b9Z y � U ti ° O Ua 5O N m 50. w m F w w Ow u Uo No F ww z I z� U' W =O N oU Q wQ>> ; z>w �w E w e Z , w o I Q ww w zw> Z p, aj n aw �3w I0 N� IH a U ''w^ > w tt a z E a I I I 1 I / w� Ja ar w FZ I 0 m a W z a w y w w ¢ a o qa m� Im R, z > V d wm& V y Na a°z a O wow !.2 i 1 W x a g Q� ti Q Z am ¢ � Nw °m sw r ;� rc z a U z �" m� w ' Z O �a E w % O W wa cJ CO GOBAOBd dn){oe8 X3H - 31N3WH3V.L.LV :IUGWIA 8 W 15a= t W U W cc Q a0 .0,., 0 16W 11 e W W =`04 ""� � a U] w sN J U) Q W �cr N d W a O } cr Z_,- 1 __ J m ,aJ �--' m } F - w m it W 0EL 0 w o cr } d ~ (n W a o c LU III w ��Ji III I III d Q QLL V LU w pOf 1 0 U I U vA \iS h'b \ W*90CO3WZS --1d j ..0 O Uggqx3 6ulu.Z w,ag MOWIJed 603-Lo-zm%iq!gx3-s6u—Q\ Uadwd 4-1 Allwed WAJOI 3.A.d EXHIBIT D TORRES FAMILY TRUST CPUD LEGAL DESCRIPTION Starting at the Northwest Corner of the property at the intersection of the South Right-of-way of U.S. 41 and the West line of Section 12, Township 51 South, Range 26 East Collier County, Florida, and proceeding Southerly along the Section Line for approximately 870 feet, thence Easterly for 330 feet, thence Northerly for 660 feet, thence Westerly along U.S. 41 Southerly Right-of-way for approximately 390 feet to the point of beginning, less and except the following described parcel: Commencing at the intersection of the west line of Section 12, Township 51 South, Range 26 East Collier County, Florida, and the Southeasterly Right-of-way of U.S. 41; run South 54°24'20" East 377.86 feet along said Right-of-way line to the point of beginning; Continue along said Right-of-way Line 12.14 feet; thence South 1 °01'20" West 100.00 feet, thence North 88°58'40" West 10.00 feet; thence North 1°01'20" East 106.89 feet to the point of beginning. Page 10 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD (PL-20160000226) (6-12-2018).docx Packet Pg. 116 3.A.d EXHIBIT E TORRES FAMILY TRUST CPUD LIST OF REQUESTED DEVIATIONS FROM LDC Deviation 1: From LDC Section 5.05.04.D.1 Group Housing, which establishes a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging -in -place living environment, to allow a maximum floor area ratio of 0.60 for an Assisted Living Facility, consistent with the East Tamiami Trail Infill Subdistrict. Page 11 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD (PL-20160000226) (6-12-2018).docx Packet Pg. 117 3.A.d EXHIBIT F TORRES FAMILY TRUST CPUD LIST OF DEVELOPER COMMITMENTS I. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the MPUD. At the time of this PUD approval, the Managing Entity is Torres Family Holdings, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the PUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. II. ENVIRONMENTAL The site contains approximately 5.33 acres of native vegetation. For a commercial or industrial project within the Coastal High Hazard Area, 15 percent of existing native vegetation must be retained (15% of 5.33 acres = 0.80 acres). The preserve as depicted on the Master Plan contains a minimum of 0.80 acres. III. TRANSPORTATION A. Intensity of uses under any development scenario for the PUD is limited to the two-way, unadjusted, average weekday, pm peak hour trip entering/exiting generation of 425 total trips utilized in the TIS dated May 2016 (gross trips). B. Vehicular connection and shared Tamiami Trail access with the adjacent Fiddler's Creek Business Tract is encouraged, as practicable, utilizing a portion of the existing roadway easement to the west of the project site. IV. PLANNING A. The developer of any group housing or retirement community, its successors or assigns, shall provide the following services and be subject to the following operational standards for the units in the retirement community, including, but not limited to, independent living units, assisted living units, or skilled nursing units: Page 12 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD (PL-20160000226) (6-12-2018).doex Packet Pg. 118 0 Operational Characteristics for Senior Housing Senior housing may be composed of one or more types of care/housing facilities. These care/housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: • The facility shall be for residents 55 years of age and older; • There shall be on -site dining facilities to the residents, with food service being on -site, or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • There shall be an onsite manager/activities coordinator to assist residents who shall be responsible for planning and coordinating stimulating activities for the residents; • An on -site wellness facility shall provide exercise and general fitness opportunities for the residents; • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. • Nursing homes or assisted living facilities shall be constructed to have a core area to shelter residents and staff on site in the event of a hurricane. The core area will be constructed to meet the Public Shelter Design Criteria that are required for new public schools and public community colleges and universities ("State Requirements for Educational Facilities, 2014") and shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than 96 hours. B. Tract P, Preserve, where it is dense enough to provide equivalent buffering per the LDC, may count towards minimum Type B buffering requirements. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E. L Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. C. The Master Plan is conceptual in nature and is subject to modifications at time of Plans and Plat (PPL) or Site Development Plan (SDP) approval due to agency permitting requirements. Page 13 of 14 H:\2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD (PL-20160000226) (6-12-2018).docx Packet Pg. 119 3.A.d D. Lighting shall be fully shielded and directed so as to prevent glare on adjacent residential or TTRVC zoned properties. E. Outdoor amplified sound is prohibited, except in conjunction with an approved temporary use permit and in such limited cases shall be restricted to the hours of 11:00 a.m. to 8:00 p.m. F. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. G. All other applicable state or federal permits must be obtained before commencement of the development. H. An Enhanced 15 foot wide Type D buffer shall be provided along US 41 (Tamiami Trail East). In addition to the required canopy trees, spaced 25' on center, the buffer shall include a continuous undulating double hedgerow spaced 3' on center. Plantings shall be 3 gallon and at least 24" in height at time of planting for first row hedges (closest to the right-of-way) and 4 gallon and at least 24" in height at the time of planting for the second row of hedges. Page 14 of 14 H:A2016\2016009\WP\PUDZ\BCC\Torres Family Trust CPUD (PL-20160000226) (6-12-2018).docx Packet Pg. 120 3.A.d "^3� WF.S�fioa FLORIDA DEPARTMENT OSTTE f A RICK SCOTT Governor June 18, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: 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. 18-29, which was filed in this office on June 18, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us Packet Pg. 121 3.A.d x Torres Family Trust CPUD P DI-PL20230000465 ROADWAY EASEMENT OR BOOK 1833 PAGES 138-139 Packet Pg. 122 R" r ,ALE 1C�' 183 138 u? EC «tiM(a .f.rw� � •� ct7,�;►etif�;a€grf ,�� t1 .;► ,tyar C® Now a onTerstion At>"lT9ratoc and o3dotia4 wedsr the 100 of the hats at ?"Ada, whom pet *file* address u 365 r -4h lTUM Ilotlth, UPIess i'lerida (hereiftif ft 9e17.e4 tyre Orsntor) to orfi IRfe@RpE C IC Rr� Q D. R. Hausa, Jr. COLLIES CCA �1. 0 0004 651 - 5th Avon", North 1 rLORIOR Naples, Florida JAN M 2 oo pM pfS (berainaiter *shod the Onntoe). tLNAR,,RLrt FRN ni• 3 ::Rr4T t� R► The Orafttor, ft seaidderatisn of *a ea of !en Dollars sad otber beet and valuable oansideraoions, the reseipt wboreot 3o hmpbr askmorlsdisd, herffbt p mtts, bulayis, sells, tronstm and "unip to the Gil uttee, afld the boadsNs heirs, sosasssors a..i assure, tbs toUaring doseribod laeds situate, 3P3nt NA being In CcII Ier Comer, Mato of Tloridal The Northeast quarter (NE4) of the Northeast quarter (NEk) of Section 14, Township 51 South, Range 26 East, subject to (and the Grantor hereby reserves, excepts, grants and declares) easements for roadway in favor of the Grantor and the Grantee and their respective heirs, successors and assigns and also in favor of all current owners of abutting land and the public, on, over and under: A strip of land sixty (60) feet in width lying thirty (30) feet on each side of the line common to the North -half (VI) of the Northeast quarter (NE*) and the South -half (SD of the Northeast quarter (NEB) of Section 14; A strip of land sixty (60) feet in width lying thirty (30) feet on each side of the line common to the Northeast quarter NEJ) of the Northeast quarter (NEM) of Section 14 and the Northwest quarter (NW*) of the Northwest quarter (NW4) of Section 13;and A strip of land sixty (60) feet In width lying thirty (30) feet on each side of the boundary line between Sections II and 12 extending south from U.S, 41 (Tamiami Trail) to the corner common to Sections 11, 12, 13 and 14, all in said Township and Range. 2OMM with all twwwLe, hereditelasflts and appwrtenattcoe, and all rights, powers, priTAledee, titles, =tomato, estates, reTereions, r maindars, as matte, and riparian and littoml rights thereto ;,eloniiing sr in eft{ rise pertalnAM. TO llATI AND TO MID %bo aame In too oispa* leraver, S1BMT to wW oil„ pa or mllnaral leasos or Interests of sesosd, and to mW ftg is at wy$ easements or oonsetsnces of record or that an aoourate innguy or inapsatien sfould aieeUne retr reads, owwt►ustion of roads, rsibmada, publis utilities, telephone and F 'lines, borrow pits, onticu ditches and drolasp. 0 0. 0 a U IL E M LL mn L L 0 LO W v 0 0 0 0 M N O N J 0. a Non -Order Search Doc: 183-138 RECALL Page 1 of 2 Requested By: Cindi Johnston , Print Packet Pg. 123 I REC mmmRY—mmeM.-_r IN I IM= VKUMP, the orw"r has sipedo eeeled MA &shyer" WAS OL- fty M4 year ftrat a11sw ram. Signed, sealed and 641,_ vexed in ow pmem"I yam/ � it LRTATs or >«r canna ) C=TY OF OZLM J!E QD�ffi pre Ties 1*reaidus AYli3Zr 00, 0.° M :xis !4eS • - lSi. I, an officer authorlaed to tab aeknovledvunte of deeds ace0r4li4 to kbo lava of the State of norida, dalr qualified ad aetb& hwety Savory that E. H. Parker and George K. Wal1 r"pwtivelT, as Use hrssident and Secretary of JIB CorporatLoa, to es pereepailr Imam, this Or acknowfedtod before as that then essested Us fbretoini deed as snob offieers of said corporation, and that tip alllswd therets the official seal of said comrsumj am I farthw eewify that I know the said pervo= sekint said aokAaiwledpents to be the Inavldmas do - scribed In and vbo excauted the said deed• IN VITMS Ylf; =Ft I Aare berwAnw set s4 hand sad olfleial ova thte j ' ' dar of , 1f f.T' • OF STAT io• FLOq, A Ms#ary�.H,>' ai •°,v. �� RnCUMEW now srtiMrs = �' •,. '' cor►r�a era ti� Lb .... .._ ..+1�.� R.r.d ai M OHm•d *afMN e.w w�t• \ . el COLLVER COuhTY. +w1 4O0► %7jjyi� Cl T. KOTT.••.•� Chrl. •I C~ on" Non -Order Search Doc: 183-138 REC ALL LO ro v 0 o' o M N 0 N J a- 0 oR Lp x w U i Page 2 of 2 Requested By: Cindi Johnston , Print Packet Pg. 124 3.A.d Torres Family Trust CPUD PDI-PL20230000465 ROADWAY EASEMENT OR BOOK 1863 PAGES 466-467 Packet Pg. 125 i „EM65 i.- 466 _1. r• r •�1�.5 ppi�pp COi61EA � y".g1�R R " +� aA on" Ws "040 jib 0eligelpatise, a earPOTaAM iawripmtsd mid sdAfalt pie; the lass d t" 11 "s at Pint", wdess poet ettise add"" is 36i firth &vam smut ww"o ilerida (barsinafter Sallee the Oreator) to Philip N. Keyes, as Trustee P. 0. max 1306 Naples, Florida (Yrillafter eeild the Gnome). rr�r�r�;s1dffir» z TM Greater# In eeadderatdoi of the slaa of Tell 9a ". aid etMr paved aid Tolwb3e asisieentlois, tbw vIlaxot la bmtif ybrllleipd, Madb gnulir, eerligm, oelYilt traisd'er eid• soCNVv is the Ilrutte, ad 11Mi OnsImle heirs, rasoseaors and asel6m, tin toliowlm doeeribed land* &Aut irp avim aas WIN 3n Collier Dal Mr, :ate of mesa That portion of the East -half (E}) of the East -half (EJ) of Se-tion 11,.lying South of Tomiami Trail (U.S. 41). Township 51 South, Range 26 Fmst, subject to (and the Grantor hereby reserves, excepts, grants and declares) an *as- wit for road -:my in favor of the Grantor and the Grantee and their respective heirs. successors and assigns an•1 also in favor of Oil current owners of abutting lands and the public on, over and under a strip of land sixty (60) feet in width lying thirty (30) feet on each side of the boundary line between Sections Ili and 12 extending south from U.S. 41 (Tamiami Trail) to the corner tomson to Sections 11, 12, 13 and 14, all in said Township and Range. T0016r with au tensawks, boredite>sidle atfd wartemmes, aid all sits, 3M02. PriTile"s, titles, naereste, estates, remdMe, xwisiiders, asseaft* a, and riparian aM littoral rWa thereto belong or in stq vise putaining. 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NNNlT ema M o "m awl — Non -Order Search Page 2 of 2 Requested By: Cindi Johnston , Print Packet Pg. 127 Doc: 185-466 REC ALL 3.A.d Torres Family Trust CPUD P DI-PL20230000465 ORIGINAL PUD REZONE STAFF REPORT Packet Pg. 128 3.A.d AGENDA ITEM 9-13 Co t be- v County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MAY 3, 2018 SUBJECT: PUDZ-PL20160000226; TORRES FAMILY TRUST COMPANION ITEM: PL20160002771/CPSS-2016-2 PROPERTY OWNERS/APPLICANT/AGENTS: Owner: Arts: Torres Family Holdings, LLC Robert J. Mulhere, FAICP 7742 Alico Road Hole Montes, Inc. Fort Myers, FL 33912 950 Encore Way Naples, FL 34110 REQUESTED ACTION: Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district. The subject property is one vacant parcel and is owned by Torres Family Holdings, LLC. GEOGRAPHIC LOCATION: The subject property is located on the south side of US 41, approximately one-half mile southeast of Manatee Road and, opposite and southeast of Naples Reserve Boulevard, in Section 12, Township 51 South, Range 26 East, Collier County, Florida, consisting of 5.8+/- acres (see location map on page 2). PURPOSE/DESCRIPTION OF PROJECT: This petition seeks to rezone the property to CPUD to allow for the development of up to 60,000 square feet (SF) of gross floor area of commercial uses including air-conditioned mini -self -storage warehousing, and allowing assisted living facilities at a floor area ratio of 0.60. PUDZ-PL20160000226, Torres Family Trust Page 1 of 15 Revised: April 6. 2018 Packet Pg. 129 d M Isn.al Al!wed saaaol - 991V0000£ZOZ-ld : SOVSZ) a6eVed dnMoe8 X3H - D LN3WHOV-L-L d :IuGwLI3eUV 0 M 0 � o O i''W ��,; "'✓ `� SCE ��i�iiD sO a a�aQccrcccatG,„ 22 p�W ��Gv eG Ciap�Oi�iiiiiiii�0 �. �� L ��tc� ' ecet aereeICE E«eEe� rr - ��JD]];iCLLCGCILCCE]777377779177]]7,�7E i PUDZ-PL20160000226; Torres Family Trust Revised: April 6, 2018 4eS Page 2 of 15 N N O O O O CO O N J N E Z 0 0 a 3.A.d SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding boundaries of the Torres Family Trust CPUD: North: Tamiami Trail East, a six -lane arterial roadway, and then single and multi- family homes with a current zoning designation of Walnut Lakes PUD (3.0 dwelling units per acre [DU/AC]) and is approved for single and multi -family homes. East: Developed with travel trailers and recreational vehicles, with a current zoning designation of Travel -Trailer Recreational Vehicle Campground (TTRVC) District (12 DU/AC) known as Imperial Wilderness R.V. Resort South: Developed with travel trailers and recreational vehicles, with a current zoning designation of Travel -Trailer Recreational Vehicle Campground (TTRVC) District (12 DU/AC) known as Imperial Wilderness R.V. Resort West: Developed residential, with a current zoning designation of Marco Shores/Fiddlers Creek PUD (2.08 DU/AC) and is approved for single and multi -family residential units, churches, and group care facilities Aerial (County GIS) PUDZ-PL20160000226. Torres Family Trust Page 3 of 15 Revised: April 6. 2018 Packet Pg. 131 3.A.d GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map within the GMP. This petition is not consistent with any of the Urban Mixed Use District's Subdistricts that allow commercial zoning; it relies, in part, on a companion Small -Scale GMP Amendment (SSBGPA) to the FLUE provisions toward achieving consistency. That amendment [ref. PL20160002771/CPSS-2016-2] establishes the East Tamiami Trail Commercial Infill Subdistrict. Based upon the analysis, the proposed PUD may be deemed consistent with the FLUE of the GMP, contingent, in part, upon the companion GMP Amendment being adopted and going into effect. The PUD Ordinance needs to provide for the effective date to be linked to an effective date of the companion GMP Amendment. (see Attachment B — FLUE Consistency Review) Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2015 and 2017 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states: ~ "The County Commission shall review all rezone petitions, SRA designation applications, LO conditional use petitions, and proposed amendments to the Future Land Use Element g (FLUE) affecting the overall countywide density or intensity of permissible development, M with consideration of their impact on the overall County transportation system, and shall o not approve any petition or application that would directly access a deficient roadway segment as identified in the current A UIR or if it impacts an adjacent roadway segment that a is deficient as identified in the current AUIR, or which significantly impacts a roadway o segment or adjacent roadway segment that is currently operating and/or is projected to N operate below an adopted Level of Service Standard within the five year AUIR planning CD period, unless specific mitigating stipulations are also approved. A petition or application Y has significant impacts if the traffic impact statement reveals that any of the following occur: a a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed Rezone on the subject property was reviewed based on the then applicable 2015 AUIR Inventory Report. The TIS submitted in the application indicates that the proposed C-3 commercial development will generate approximately 425 PM peak hour unadjusted two-way trips. Staff also reviewed this rezone request using the now current 2017 AUIR as part of this staff PUDZ-PL20160000226; Torres Family Trust Page 4 of 15 Revised: April 6, 2018 Packet Pg. 132 3.A.d report. The proposed development will impact the following roadway segments with the listed capacities in the below table. Roadway Link 2015 2015 Current 2017 2017 2017 AUIR Remaining Peak Hour AUIR Remaining LOS 'Capacity Peak Direction LOS Capacity Service Volume/Peak Direction Tamiami Collier B 2,067 3,100/East B 2,089 Trail East Boulevard (US 41) to Joseph Lane Tamiami Joseph B 1,057 2,000/East B 1,075 Trail East Lane to (US 41) Greenway Road Tamiami Greenway D 230 1,075/East D 248 Trail East Road to (US 41) San Marco Drive *Please note: 2015 and 2017AUIR totals do not include the recently completed improvements on US 41. These trip totals are anticipated to improve with the 2018 AUIR Based on the 2015 and 2017 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for the proposed rezone within the 5-year planning period. Therefore, the subject petition can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Operational impacts will be addressed at time of first development order (SDP or Plat). Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the CCME. A minimum of 0.80 acre of native vegetation is required to be retained for the PUD. GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff finds the proposed rezone to be consistent with the GMP subject to the approval of the companion amendment to the GMP, PL20160002771/CPSS-2016-2. 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 Land Development Code (LDC) Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.17, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's PUDZ-PL20160000226: Torres Family Trust Page 5 of 15 Revised: April 6, 2018 0 0 0 0 M N 0 N J a 00 0 ICT ul F14- Packet Pg. 133 3.A.d recommendation. The CCPC uses the aforementioned criteria as the basis for their recommendation to the Board, who in turn use the criteria to support their action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers analyses in the below sections. Environmental Review: Environmental Planning staff has reviewed the petition and the PUD Document to address environmental concerns. This project does not require review by the Environmental Advisory Council (EAC) since the project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. A minimum of 0.80 acre of native vegetation is required to be retained for the PUD. The subject property is located within the boundary of the Deltona Settlement Agreement as shown on the exhibits in the Settlement Agreement, but documentation provided by the applicant shows E that the property was never owned by the Deltona Corporation. The County Attorney Office has u_ since reviewed the title report submitted by the applicant and opined, based on the documents 2 provided by the applicant, that the Deltona Corporation never owned the parcel and as a result, the 0 applicant could not be bound by the terms of the Settlement Agreement. Research by the Real LO Property Department did not find any evidence of ownership by Deltona. In addition, The le Conservancy of SW Florida, representative for the conservation group interveners who are signee g to the Deltona Settlement Agreement, issued a letter stating that they have no objection to the M application. o N J a Transportation Review: Transportation Planning staff has reviewed the petition for compliance co with the GMP and the LDC and recommends approval of this project.CD LO Utilities Review: Public Utilities staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Y Emergency Management Review: Emergency Management staff has reviewed the petition for compliance with the GMP and the LDC, and recommends approval of this project. Landscape Review: The Master Plan shows a 0.8 acre preserve along the south boundary of the PUD. The Master Plan also notes that the preserve may be used to satisfy the landscape buffer requirement after removal of exotics. In the event that all or part of the preserve does not meet the requirements of the buffer, supplemental planting will be provided in accordance with 4.06.02 and 4.06.05.E. I of the LDC to meet buffer requirements. The Master Plan shows a 10' Type `D' Buffer along the West, and a 15' Type `D' Buffer along the North. There are two different buffers depicted along the East boundary. One is a Type `B' Buffer. This buffer is labeled as 25' and this is wider than the buffer required by the LDC. The other buffer shown along the east boundary is a 10' Type `A' adjacent to an area labeled as a Collier County Water -Sewer Parcel. This parcel is zoned agricultural. Zoning Services Review: Staff has evaluated the uses proposed and their intensities, and the development standards such as building heights, setbacks, and landscape buffers. Staff also PUDZ-PL20160000226: Torres Family Trust Page 6 of 15 Revised: April 6, 2018 Packet Pg. 134 3.A.d evaluated the building mass, building location and orientation, the amount and type of open space and its location, and traffic generation/attraction of the proposed uses. The amount of allowable square footage being requested is 60,000 SF of various commercial uses, which may include air-conditioned, enclosed, mini -self -storage warehousing, and assisted living facilities at a floor area ratio of 0.60. The East Tamiami Trail Infill Subdistrict is a companion SSGMPA, which will create a site -specific future land use Subdistrict. The proposed uses within the Torres Family Trust CPUD will be consistent with the condition in this East Tamiami Trail Infill Subdistrict. There are public facilities and services available consistent with the levels of service adopted in the GMP, and as defined and implemented through, the Collier County Adequate Public Facilities Ordinance. Within the proposed Torres Family Trust CRUD boundaries, the minimum setback from US 41 is 35 feet with an eastern boundary setback of 25 feet, a western boundary setback of 25 feet, and a E southern boundary setback of 25 feet from the preserve boundary. The actual building heights are Ui not to exceed 52 feet, and the zoned heights are not to exceed 45 feet. To the north of the subject 2 property, the Walnut Lakes PUD has a maximum height of 35 feet for single-family dwellings and 0 50 feet for multifamily dwellings. To the west, the Marco Shores/Fiddlers Creek PUD has a I maximum height of 60 feet for the golf course and club center, 50 feet for business developments,Iq 35 feet for single-family and duplex dwellings, and 100 feet for multifamily dwellings. To the east CD and south, Imperial Wilderness R.V. resort has a maximum height for any recreational facility of M 30 feet. The proposed height of the Torres Family Trust CPUD is compatible with the immediate N neighborhoods as the surrounding properties have a variation of maximum heights above and _J a below the 45-foot zoned building height threshold in the proposed Torres Family Trust CPUD. As previously stated, a 15-foot wide Type D Buffer is proposed along US 41 on the North side of the 00 - PUD. The Master Plan proposes a 25-foot Type B Buffer along the east PUD boundary, a 10-foot cm wide Type D Buffer along the west PUD boundary, and a .8 acre preserve along the South boundary of the PUD. As such, the CPUD will be designed to limit commercial uses to provide a Y transition from the Fiddlers Creek business district on the west to the recreational vehicle zoned a lands to the south and east. The development standards will provide external setbacks, limitations a on height, and additional buffers to ensure compatibility with adjacent land uses. 4 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 type and pattern of development proposed should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Furthermore, this project, if developed, will be required PUDZ-PL20160000226, Torres Family Trust Page 7 of 15 Revised: April 6, 2018 Packet Pg. 135 3.A.d to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. 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 a Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development -,with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the - relevant goals, objectives, and policies of the GMP or the companion SSGMPA within the L GW Consistency portion of this staff report (or within an accompanying memorandum). 10 4. The internal and external compatibility of proposed uses, which conditions may o include restrictions on location of improvements, restrictions on design, and buffering g and screening requirements. M Staff is of the opinion that the proposed project will be compatible with the surrounding N O a. area. The Master Plan proposes the appropriate perimeter landscape buffers. Please, see ao Zoning Services section of this report for a detailed analysis. le N 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Y The amount of open space set aside for this project meets the minimum requirement of the a LDC. 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 is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and PUDZ-PL20160000226; Torres Family Trust Page 8 of 15 Revised: April 6. 2018 Packet Pg. 136 3.A.d potable water supplies to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking one deviation to allow design flexibility with assisted living facilities in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the deviation proposed can be supported if a portion of the beds are designated as Medicaid beds, finding, that, in compliance with LDC Section 10.02.13.A.3., the petitioner has demonstrated that "the elements may be waived without detrimental effect on the health, safety, and welfare of the community" and LDC Section 10.02.13.B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please, refer to the Deviations Discussion of the staff report below for a more extensive examination of the deviation located on page 12. Rezone Findines: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP if the companion SSGMPA is adopted. 2. The existing land use pattern. The existing land use pattern of the abutting properties is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size and therefore will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. PUDZ-PL20160000226; Torres Family Trust Page 9 of 15 Revised: April 6. 2018 Packet Pg. 137 3.A.d 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The proposed PUD zoning boundaries follow the property ownership boundaries and coincide with the GMP subdistrict boundaries. The zoning map on page 2 of the staff report illustrates the perimeter of the outer boundary of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary but it is being requested in compliance with the LDC provisions to seek such changes. It should be noted that the proposed uses are not allowed under the current zoning classification. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD Rezone is consistent with the County's land use policies that are reflected by the FLUE of the GMP if the companion SSGMPA is adopted. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project at this time. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates that the locations of proposed preserve and open space areas should further ensure light and air should not be seriously reduced in adjacent areas. PUDZ-PL20160000226; Torres Family Trust Page 10 of 15 Revised: April 6, 2018 Packet Pg. 138 3.A.d 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. All properties surrounding the subject property are developed, as previously noted. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed uses and development standards cannot be used in accordance with the existing zoning classification. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff's opinion the proposed PUD rezone is not out of scale with the needs of the neighborhood or County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. PUDZ-PL20160000226; Torres Family Trust Page 11 of 15 Revised: April 6, 2018 Packet Pg. 139 3.A.d 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site 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. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process, and those staff persons have concluded that no level of service will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this rezoning will have no impact on public facility adequacy in regard to utilities. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. DEVIATION DISCUSSION: The petitioner is seeking one deviation from the requirements of the LDC. The deviation is directly extracted from PUD Exhibit E. The petitioner's rationale and staff analysis/recommendation is outlined below. Proposed Deviation #1: (Group Housine) "Deviation #1 seeks relief from LDC Section 5.05.04.D.I Group Housing, which establishes a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging -in -place living environment, to allow a maximum floor area ratio of 0.60 for an Assisted Living Facility, consistent with the East Tamiami Trail Infill Subdistrict." Petitioner's Justification: The design of assisted living facilities has changed in recent years, with ALFs now offering additional recreational, educational, and health services directly on campus, in addition to personal services, such as hair salons, banks, health spas, and other concierge services. Living PUDZ-PL20160000226: Torres Family Trust Page 12 of 15 Revised: April 6. 2018 Packet Pg. 140 3.A.d spaces have become larger, as people are generally healthier moving into these communities, and are looking for a residential space more comparable to an apartment, rather than simply a bed in a nursing home. The additional floor area ratio will provide flexibility for facilities that provide multiple stages of care or a variety of unit types. StaffAnalysis and Recommendation: Staff would like to note that recently there has been concern by the CCPC for petitioners requesting additional floor area for assisted living facilities. It's been discussed that if petitioners are requesting deviations for additional floor areas of proposed group housing, then they should provide for Medicaid beds as part of their justification for the deviations. The inclusion of the dedicated Medicaid beds will assist the County in support of the GMP, Housing Element, Goal One, "To Create an adequate supply of decent safe, sanitary, and affordable housing for all residents of Collier County." On October 5, 2017, the CCPC heard the Cleary PUD petition. In this case, the petitioner was also E requesting a maximum FAR of 0.60. The CCPC expressed that the 0.60 FAR was not justified _ without the provision of dedicated Medicaid beds. It should be noted that the deviation was L modified to a maximum FAR of 0.50 and approved at the November 14, 2017 BCC meeting. 0 Based on the above, Staff sees no detrimental effect if this deviation request is approved at 0.50 0 FAR, mirroring the November 2017 Cleary PUD request. Zoning and Development Review staff c recommends APPROVAL of this deviation, finding that in compliance with LDC Section N 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a N detrimental effect on the health, safety and welfare of the community," and LDC Section a. 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public ao purposes to a degree at least equivalent to literal application of such regulations." le N NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on June 29, 2017, at the Rookery Bay National Estuarine Research Reserve, The Auditorium at 300 Tower Road in Naples. The meeting commenced at approximately 5:30 p.m. and ended at 6:30 p.m. The applicant's agent explained the request for the proposed rezone and the companion SSGMPA. Bob Mulhere, the agent, gave a presentation and answered questions from attendees. It was discussed that there would be multiple proposed uses including restaurants and adult living facilities. He affirmed that there will be no gas stations and that the gas station use is not included within the proposed uses. There were also general discussions about lighting, preserves, and buffering. There were concerns from residents of Imperial Wilderness about the clearing of vegetation near their homes. The NIM summary and sign -in sheet are included in the CCPC backup materials. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. PUDZ-PL20160000226; Torres Family Trust Page 13 of 15 Revised: April 6, 2018 Packet Pg. 141 3.A.d COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on April 2, 2018. RECOMMENDATION• Staff recommends the CCPC forward this petition to the Board with a recommendation of approval, with the dedication of a portion of the beds associated with the group housing facility to Medicaid beds Attachments: A) Proposed Ordinance B) FLUE Consistency Review C) Correspondence PUDZ-PL20160000226-1 Torres Family Trust Page 14 of 15 Revised. April 6, 2018 U) to 0 0 0 0 M N O N J a o O v LO N Packet Pg. 142 3.A.d PREPARED BY: TIMOTHY FINN, AltP,RINCIPAL PLANNER ZONING DIVISION -ZONING SERVICES SECTION REVIEWED BY: Z2� -�—. A�-) - - RAYMONto V. BELLOWS, ZONING MANAGER ZONING DIVISION- ZONING SERVICES SECTION MIKE BOSI, AICP, DIRECTOR ZONING DIVISION APPROVED BY: ES FRENCH, DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT - 3o- )k DATE 3Z8(a DATE 3'30- (P DATE �r S` / DATE Tentative Board of County Commissioners Hearing Date June 12, 2018. PUDZ-PL20160000226; Torres Family Trust Page 14 of 14 Revised: March 2, 2018 0 0 0 0 M N 0 N J d O O Iq tn Flk Packet Pg. 143 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A. 3.A.e the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider. PETITION NO. PDI-PL20230000465 — REQUEST FOR AN INSUBSTANTIAL CHANGE TO ORDINANCE NO.18-29, THE TORRES FAMILY TRUST CPUD, TO ALLOW AN ACCESS POINT ON US 41 SUBJECT TO CLOSURE AND REPLACEMENT WITH UP TO TWO ACCESS POINTS ON CREATIVE DRIVE, TO PROVIDE THAT NO WALL IS REQUIRED ALONG THE EASTERN AND SOUTHERN CPUD BOUNDARIES ADJACENT ONLY ACT P, PRESERVE, AND TO AMEND THE MASTER PLAN. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 41, APPRI N 'ELY ONE-HALF MILE SOUTHEAST OF MANATEE ROAD AND, OPPOSITE AND SOUTHEAST FROM NAPLES RESERVE BOULEVARD, IN S r— 112, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. O e ail L.N �f •�A Project Location L Fern a e CT B 1 C'T LN Bobcat es oro R All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Manage munity Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearmi will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedin which record includes the testimony to evidence upon which the appeal is based. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remo as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided witl cific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of- the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specifier public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participe in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfI.gov. 4a M O Z 06 A W Z W 2 V a H H Q a-. E S t� Q nent om- iner ade, well 3pe- after i the Aely For If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr. Naples, Florida 34104, (239) 252-2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP FPacket Pg. 145 Chief Hearing Examiner Collier County, Florida N D-GC 11053328-01 3.A.e P�7.`�z�7.`711�►C ►i`� (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. 1. 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. 2. 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. 3. 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 Josephine Medina BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20230000465 28100 Bonita Grande Drive, Suite 305 S GNA APPLICANT OR AGENT STREET OR P.O. BOX Josephine Medina NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER Bonita Springs, FL 34135 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this day of 20a, by �tr��personally known to me or who produced _ as identification and who did/did not take an oath. %%Y1rj,/i JESSICA K LINN :Notary Public -State of Florida =* *� Commission # HH 211062 My Commission Expires My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 s i Ga IL-u�~' Prinfe-d- lame of Notary Public Packet Pg. 146 anda;snal Al!we3 saaaOl - 991V000O£ZOZ-ld SOVSZ) suOReOlMON 19 suBIS - Cl 1N3WHOV-L-LV :;uGwt43elIV m I- d M IL 160 d w U IMM O z 0 z Q LU 2 U J im am ❑ w . �0L a. Z (D I -=moo �^ O ■ cr) J O ev der co ' O N r N co N p N E co LO cm E N CD � o.qtN o .. NM��M ON " Oi p rZNo � p�LL a3 J JQJ-N ��(1) Q U) p N >, a3 (D v� M o a _ w�0 x� E ❑❑_w— o m o� = Z Cl) a. Q (.)o a O m co (1) N Cl) and3 }snit l!wed SaaJ01- 99b0000EZOZld : 90bSZ) SUORBOURON 19 SUB'S - a 1N3WH3dlld :;uawyoe4ly 3.B 05/25/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.13 Doc ID: 25427 Item Summary: Petition No. PDI-PL20220008309 - Creekside Commerce Park - Request for an insubstantial change to Creekside Commerce Park Commercial Planned Unit Development (CPUD) by requesting a modification to a deviation to allow Tracts 2 and 3 to qualify for the alternative architectural compliance process contained within section 5.05.08.G of the Land Development Code (LDC). The subject tracts comprise 8.67 acres located south of Immokalee Road and East of Arthrex Way at 1255 and 1265 Creekside Parkway and 1284 Innovation Drive in Section 27, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 Meeting Date: 05/25/2023 Prepared by: Title: Planner — Zoning Name: John Kelly 05/05/2023 11:08 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 05/05/2023 11:08 AM Approved By: Review: Operations & Regulatory Management Michael Stark Review Item Hearing Examiner (GMD Approvers) Diane Lynch Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Division Director Hearing Examiner Andrew Dickman Meeting Pending Completed 05/08/2023 8:37 AM Completed 05/09/2023 2:58 PM Completed 05/09/2023 3:21 PM Completed 05/09/2023 3:27 PM 05/25/2023 9:00 AM Packet Pg. 149 3.B.a Coi [er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MAY 25, 2023 SUBJECT: PDI-PL20220008309, CREEKSIDE COMMERCE PARK CPUD PDI OWNERS: RES Florida 1255 Holdings LLC, RES Florida 1265 Holdings LLC, and RES Florida 1284 Holdings LLC 1370 Creekside Blvd Naples, FL 34108 AGENT: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: APPLICANT: RES Florida 1370 Holdings LLC 1370 Creekside Blvd Naples, FL 34108 The petitioner requests that the Hearing Examiner approve an insubstantial change to the Creekside Commerce Park Commercial Planned Unit Development (CPUD), Ordinance Number 2006-50, as amended, by requesting a modification to a deviation to allow Tracts 2 and 3 to qualify for the alternative architectural compliance process contained within section 5.05.08.G of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject properties comprise 8.67± acres located south of Immokalee Road and east of Arthrex Way, at 1255 and 1265 Creekside Parkway and 1284 Innovation Drive, in Sections 27, Township 48 South, Range 25 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PDI-PL20220008309 Page 1 of 9 Creekside Commerce Park CPUD May 5, 2023 Packet Pg. 150 (xaay;ay - andO Wd aaaauaWOO aplsMaGJO Iad 60£9000ZZOZ-ld : LZVGZ) £Z5050;aodeN j}e;g :}uewLjoejjV ram* =�ua� '"�i � 1 •�--* t�i I r �a L0 f-- F Z {i O W H _ X O _ J 0 00 le e- ra 0 1 J1 !Wvlwel N -1 1 Lu PDI-PL20220008309 Creekside Commerce Park CPUD May 5, 2023 Page 2 of 9 CL CO Q CO U 0 J 0 c� 00 a CD CD CN O N J UJ O CL Cq m M (xaay:pv - anda MJLd aoaauawoa epismaaj3 Iad 60£8000ZZOZ'ld : LZVSZ) £Z9080 podau }lets :juauayoejjv L.3< W W X �Q F E F5 y YI 3 4 a� a #a# r 4 md- I❑ CFtCUWIPE BLVU fc PDI-PL20220008309 Creekside Commerce Park CPUD May 5, 2023 Master Plan - Revised Page 3 of 9 Q SS6MM 03SK3H II 2F w� d S- N LO IL .r IL 3.B.a PURPOSE/DESCRIPTION OF PROJECT: The Creekside Commerce Park Commercial Planned Unit Development (CPUD) was originally approved in Ordinance Number 97-51 on October 21, 1997. There was a subsequent ordinance, Ordinance Number 06-41, which was repealed along with Ordinance Number 97-51 with the adoption of Ordinance Number 06-50 on October 24, 2006. Said Ordinance has since been amended by Ordinance numbers 13-23, 16-05, 16-32, 18-19, 21-35, and HEX Decision No. 22-09. The architectural deviation was first adopted in the Industrial/Commerce (I/C) area, for Tract 5 to qualify for the alternative architectural compliance process, using Ordinance Number 16-32. This deviation was then amended by Ordinance Number 18-19 to apply to Tract 6; additionally, a new deviation was introduced into the Business (B) area to allow the alternative architectural compliance process to be used for specific building types located on the southern portion of Tract 3. HEX Decision No. 22-09 was approved by the County's Hearing Examiner to allow for the alternative architectural compliance process to Tract 7, located within the I/C area. The petitioner now desires to allow for the alternative architectural compliance process to be used on the northern portion of Tract 3 and Tract 2; both tracts are located within the B area. The alternative architectural review process is preferred as the existing and proposed buildings within the Arthrex campus do not identify with the specific building types that are subject to the typical County architectural standards found in Section 5.05.08 of the LDC. References to specific building types are also being removed so that the requested deviation will serve all allowable building types. Arthrex now owns the buildings located on Tracts 2 and 3 and has immediate plans to raze the building on Tract 2 and plan future renovations of the building located on Tract 3 (Polaris Building). The resulting PDI would result in all properties owned by Arthrex being allowed to use the alternative architectural review process to achieve harmonious design elements for all the Arthrex campus buildings. Please see Attachment A -Proposed PUD language. SURROUNDING LAND USE AND ZONING (related to the subiect parcels) North: Immokalee Road, major right-of-way, then a bank and medical office/retail plaza and a community pool within the Collier Tract 22 PUD East: Goodlette Frank Road, right-of-way, then Creekside Corners Shopping Plaza located within the Creekside Commerce Park CPUD South: To the north, Creekside Parkway (right-of-way) the recreation area that is part of the Arthrex Administrative Building, and to the south, the Arthrex Hotel and Wellness Center at 1290 Innovation Drive located within the Creekside Commerce Park CPUD West: Arthrex Way and Innovation Drive, right-of-way, followed by a 7-11 with fuel pumps to Z the north and a recreational area that is part of the Arthrex Administrative Building a located within the Creekside Commerce Park CPUD PDI-PL20220008309 Page 4 of 9 Creekside Commerce Park CPUD May 5, 2023 Packet Pg. 153 3.B.a AERIAL PHOTO STAFF ANALYSIS: Comprehensive Planning: The properties are located within the Urban, Urban Mixed Use District, Urban Residential Subdistrict as shown on the Future Land Use Map (FLUM) and as the proposed amendment will not add or change any uses or increase intensity or allowable square footage of uses it is consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Transportation Element: Transportation Planning has determined their review to be not applicable. Architectural Review: Architectural staff has reviewed the petition and recommends approval of the request. Zoning Review: The petitioner is proposing to expand previously approved architectural deviations, applicable to Tracts 5, 6, and 7 within the I/C area and the southern portion of Tract 3 in the B area, to include Tract 2 and the remainder of Tract 3 in the B area. The architectural deviation will allow for implementing the alternative architectural compliance process found in Section 5.05.08 of the LDC. Arthrex is the owner of all three tracts and would like to continue the common building design elements implemented in already -built portions of the Arthrex Campus. For further information regarding the Deviations, please see the Deviations section of this Staff Report. PDI-PL20220008309 Page 5 of 9 Creekside Commerce Park CPUD May 5, 2023 Packet Pg. 154 3.B.a CONCURRENT LAND USE APPLICATIONS: There is one active land use application involving one of the three parcels; SDPA-PL20220007640, for the Arthrex Child Development Center located at 1255 Creekside Parkway, Folio No. 29331190686. PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E. L LDC Section 10.02.13.E.1 Criteria: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use, or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in the area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? No, the requests do not impact the size of non-residential areas or propose to relocate such areas within the PUD boundary. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. PDI-PL20220008309 Page 6 of 9 Creekside Commerce Park CPUD May 5, 2023 Packet Pg. 155 3.B.a f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No. The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. A prior trip cap has been established for the PUD. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No. The proposed changes will not impact or increase stormwater retention or increase stormwater discharge. It. Will the proposed change bring about a relationship to abutting land use that would be incompatible with adjacent land use? No. There will be no incompatible relationships with abutting land uses. The resulting amendment will allow for the continuation of harmonious architecture throughout the Arthrex campus. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance that is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Transportation planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S. and any changes to a DRI/PUD Master Plan that do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Due to the limited nature of this request, a determination and public hearing under F.S. 380.06(19) will not be required. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? PDI-PL20220008309 Page 7 of 9 Creekside Commerce Park CPUD May 5, 2023 Packet Pg. 156 3.B.a Based on the analysis provided above, the proposed change is not deemed to be a substantial modification. LDC Section 10.02.13.E.2 Criteria: Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed changes do not affect the original analysis and findings from the latest PUDA; PUDA-PL20190002850. (See Attachment D - Rezone and PUD Findings) DEVIATION DISCUSSION: The petitioner is seeking one revised deviation. The deviation is found in PUD Section 4.5 "Development Deviations." The deviation locations are depicted on the Master Plan. The petitioner's rationale and the staff s analysis and recommendation are outlined below: Deviation #3: (Revised Deviation in Section 4.5.3. applies only to the B District; see the strike - through and underlined text below for changes to the existing deviation.) Deviation #3 seeks relief from LDC Section 5.05.08.G, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for speeifie types ofbuildings, to allow R r-a effiee ^„a mea�^^' col and ,sic items-zu � Tt�t��be eonstfueto� on she s „ttv, ,,i4io, of Tracts 2 and 3 of the Master Plan to be eligible for this deviation process. Petitioner's Justification: This deviation was previously approved by Ordinance 2016-32 and amended by Ordinance 2018- 19 to add the southern portion of Tract 3. All properties in the B district on tracts 2 and 3 are owned by Arthrex and providing for the alternative architectural compliance process will allow for common building design elements for buildings comprising the Arthrex campus. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends Approval finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The duly advertised NIM was held at 5:30 pm on April 4, 2023, at Arthrex, 1 Arthrex Way, Naples, Florida. No members of the public showed up for the meeting and there was no remote participation, PDI-PL20220008309 Page 8 of 9 Creekside Commerce Park CPUD May 5, 2023 Packet Pg. 157 3.B.a therefore the NIM never commenced and was terminated at, or about, 5:45 pm. Advertising information is contained within Attachment E, below. STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner approve Petition PDI-PL20220008309, an insubstantial change to the Creekside Commerce Park CPUD allowing for a modification to a deviation to allow Tracts 2 and 3 to qualify for the alternative architectural compliance process contained within section 5.05.08.G of the Land Development Code (LDC), as provided for within Attachments A and B. Attachments: Attachment A — Proposed PUD Revision Attachment B — Proposed PUD Master Plan Revision Attachment C — Legal Descriptions of subject properties Attachment D — Rezone Findings and Findings for PUD Attachment E — Applicant's Backup — Application and Supporting Documents PDI-PL20220008309 Page 9 of 9 Creekside Commerce Park CPUD May 5, 2023 Packet Pg. 158 3.B.b SECTION IV BUSINESS DISTRICT *** *** *** *** *** Text break *** *** *** *** *** 4.4 DEVELOPMENT STANDARDS *** *** *** *** *** Text break *** *** *** *** *** E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of LDC Section 5.05.08. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects, except buildings located on Tracts 2 and the pQFt*9R ef TFaGA 3. Buildings located iA the peFtieR fon Tracts 2 and 3 as labeled on the Master Plan shall be subject to the deviation process in Section 5.05.08 of the LDC (see Section 4.5.3, Development Deviations, of this PUD Ordinance). *** *** *** *** *** Text break *** *** *** *** *** 4.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facility. 2. Deviation from LDC Section 5.06.04.F.3 Directory signs, which authorizes one (1) directory sign to be located at the project entrance, to permit installation of the directory sign on Immokalee Road east of Goodlette-Frank Road, not at the project entry, but rather at a location between the project entry and Goodlette-Frank Road. 3. Deviation from LDC Section 5.05.08.G, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC fee spes+f;Gtypes 9f 1961ildiRgS, is allow GeRS46IGteGl on the P94*9R ef Tracts 2 and 3 of the Master Plan to be eligible for this deviation process. 4. Deviation from LDC Section 4.06.02.C.2, "Table 2.4 Table of Buffer Requirements by Land Use Classifications", which requires Residential (RMF-6, RMF-12, RMF-16) multifamily district/use adjacent to Commercial 3 (C-1, C-2, C-3, C-4, C-5); Business Park (BP) district/use to provide a 15' wide type 'B' landscape buffer, to allow no buffer between the proposed residential use and the existing commercial use located to the north and a shared 15 foot wide type 'B' buffer with the institutional use located to the south. Words ;iti-tfek Mi-oHgh are deleted, words underlined are added. 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A PORTION OF LOT 1 OF CREEKSIDE COMMERCE PARK- SF -UNIT ONE ACCORDING TO T14E PLAT THEREOF RECORDED IN PLAT BWK 2 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLOMUA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT TRE MOST NORTHWESTERLY CORNER OF LOT 1 OF CREER IDE COMMERCE PARK WEST - []NIT ONE ACCORDTNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PACES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COCFNTY, FLORIDA; THENCE RUN S.89048'51"E., ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 21.62 FEET; THENCE RUN S,001' 11' D9"W FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°48'51 "W FOR A DISTANCE OF 21.62 FEET TO A POINT OIL THE WESTERLY BOUNDARY OF SAID LOT 1; THENCE RUN N.00111 `09"E, ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. Parcel ID: 29331193227 Unit 1280, CREEKSIDE MEDICAL COMMERCIAL .,- CQNDOMINIUM, a Condominium according to the Declaration of Condominu,tl.oreof, as recorded in Official Records Book 3583, Page 3731, and subsequent amd eats thereto, of the Public Records of Collier County, Florida. Parcel ID: 29331193243 Unit 1, Creekwood Land Condominium, a Condominium according to the Declaration of Condominium thereof recorded in Official Records Book 4113; Page 2617, of the Public Records of Collier County, Florida, and all amendments thereto, together with its undivided share in the common elements. z January 1Z 2023 W GradyMinor Page 1 of 1 ACPDI-22 Legal Description. docx 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.co ol Packet Pg. 161 Collier County Property Appraiser Property Aerial Site 1255 Site Zone Parcel No 29331190686 Address CREEKSIDE Site City NAPLES *Note 3411 *Disclaimer PKWY 1 9) Open GIS in a New Window with More Features. Packet Pg. 162 Collier County Property Appraiser Property Aerial Site 1284 1 Site Zone Parcel No 29331193227 Address INNO ATION Site City NAPLES *Note 3411 *Disclaimer DR Open GIS in a New Window with More Features. Packet Pg. 163 Collier County Property Appraiser Property Aerial AC Site 1265 Site Zone Parcel No 29331193243 Address CREEKSIDE Site City NAPLES *Note 3411 *Disclaimer PKWY x Open GIS in a New Window with More Features. Packet Pg. 164 3.B.e Development Plan (SDP) or Plans and Plat (PPL), the development would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the development is located within or in adjacent concurrency service areas. Landscape Review: Landscape staff has reviewed the petition, the PUD Document, and the Master Plan and is recommending approval. Zoning and Land Development Review: The Creekside Commerce Park CPUD is an established commerce park, which has been substantially developed and approved for 709,100 square feet of industrial/commercial uses, 269,000 square feet of business district uses, a 400 bed assisted living facility, and 349 hotel rooms. The amendment to the Creekside Commerce Park CPUD proposes to add 300 multi -family dwelling units to the Business (B) District within the PUD. The proposed additional 300 units will be located on the east side of Goodlette-Frank Road on Tract 8 and a related proposed parking structure will be located on Tract 9. (Refer to Master Plan on page 3 of this Staff Report.) Development of the multifamily dwellings will be similar to most of the previously approved PUD Development Standards. The proposed zoned building height of 95 feet and actual height of 122 feet is within the range of the previously approved heights of 75 and 85 feet for non-residential development in the Business District and 104 and 122 feet for the recently constructed hotel across the street and west of Goodlette-Frank Road. The Conceptual Master Plan has been revised to show the location of the proposed Mixed -use District and to note the proposed landscape buffer deviation.Go ti N Zoning staff finds the proposed multi -family residential and proposed landscape deviation to be compatible with the existing Commercial/Industrial District and Business District land uses and Y intensities. For further information regarding the landscape deviation, please see the Deviation section of this Staff Report. v REZONE FINDINGS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 27, 2021 Page 8 of 15 Packet Pg. 165 3.B.e 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map, and the elements of the GMP. Upon adoption of the companion GMPA, Comprehensive Planning staff has indicated that the proposed PUD Amendment can be found consistent with all applicable elements of the GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as residential, commercial, industrial, and institutional lands. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. At the time the subject property was rezoned to a CPUD, it was deemed to be of sufficient size and did not result in an isolated district unrelated to adjacent and nearby districts. The proposed PUD Amendment does not change this finding. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed amendment ti necessary. 00 The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to add multi -family residences. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD Amendment can be deemed consistent with the County's land -use policies upon adoption of the companion GMP. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure will continue to have adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of each development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 27, 2021 Page 9 of 15 Packet Pg. 166 3.B.e 8. Whether the proposed change will create a drainage problem. The proposed PUD Amendment will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Amendment will not reduce light and air to adjacent areas outside the PUD. Furthermore, the PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates that the locations of proposed preserve and open space areas should further ensure light and air should not be seriously reduced to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD Amendment will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties around this property are already mostly developed. The basic premise underlying all of N the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives ti reasonable assurance that a change in zoning will not result in deterrence to improvement or C� Go development of the adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. N 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this PUD Amendment in compliance with LDC provisions. The proposed amendment meets the intent of the PUD district, and the public interest will be maintained. CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 27, 2021 Page 10 of 15 Packet Pg. 167 3.B.e 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD Amendment is not out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and N implemented through the Collier County adequate public facilities ordinance. a The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria." CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 27, 2021 Page 11 of 15 Packet Pg. 168 3.B.e 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Creekside Commerce Park PUD is an established business park that has been developed with a variety of light industrial, commercial, and office uses. The proposed multi -family residential use is compatible with the existing development within the Creekside Commerce Park. The PUD already receives potable water and wastewater services from the CCWSD, and there are adequate water and wastewater treatment capacities available for future development as proposed by this petition. Therefore, the site is suitable for the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control. Additionally, the development will be required to gain platting and/or site development plan approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policiesLn N of the GMP. N Upon adoption of the companion GMPA, Comprehensive Planning staff has indicated that the ono proposed PUD Amendment can be found consistent with the goals, objectives, and policies of the a, GMP. County staff has reviewed this petition and has found this petition consistent with the overall GMP upon adoption of the companion GMPA. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping, and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself at the time the PUD was approved. Staff believes that this amendment will not change the project's compatibility, both internally and externally, with the proposed residential land use along with the proposed deviation. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 27, 2021 Page 12 of 15 Packet Pg. 169 3.B.e 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure will continue to be sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of each development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. Pursuant to Sec. 134-57(a) of the Collier County Code of Ordinances, availability of potable water and wastewater services must be verified in writing by the CCWSD prior to submittal of construction documents. No public utility facility adequacy issues are anticipated at this time. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including Collier County Water -Sewer District potable water and wastewater mains, to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the F4 particular case, based on determination that such modifications are justified as meeting public N purposes to a degree at least equivalent to literal application of such regulations. N requires an evaluation of the extent to which development standards and ti This criterion essentially q P o deviations proposed for this PUD depart from development standards that would be required for the a, most similar conventional zoning district. N The petitioner is seeking one new deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A.). Staff believes that the deviation proposed can be supported, finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Please, refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviation. DEVIATION DISCUSSION. The petitioner is seeking one new deviation from the requirements of the LDC. The deviation is found in PUD Section 4.5 "Development Deviations." The deviation location is depicted on the Master Plan. The petitioner's rationale and staff analysis/recommendation are outlined below. CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20190002850 August 27, 2021 Page 13 of 15 Packet Pg. 170 3.B.f Creekside Commerce Park PUD Insubstantial Change PL20220008309 Application and Supporting Documents May 25, 2023 HEX Meeting w GradyMinor 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. 171 3.B.f GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects January 13, 2023 Mr. John Kelly Collier County Growth Management Department 2800 Horseshoe Drive North Naples, FL 34104 RE: Creekside Commerce Park PUD Insubstantial Change — PL20220008309, Submittal 1 Dear Mr. Kelly: On behalf of our client, RES Florida 1370 Holdings, LLC, we are submitting an application for an Insubstantial Change to a PUD (PDI) for the above referenced project. The applicant is proposing to amend the PUD Ordinance to allow Tracts 2 and 3 to qualify for the alternative architectural compliance process. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application 3. Pre -Application Meeting notes 4. Project Narrative 5. Ordinance 2021-35 (PL201900028501) 6. HEX Final Decision 2022-09 (PL20210002390) 7. Current Master Plan (PL20210002390) 8. Revised Master Plan 9. Exhibit 1 Proposed PUD Revisions 10. Deviation Justification 11. Warranty Deed 12. Legal Description 13. Plats 14. Affidavit of Authorization 15. Addressing Checklist 16. Property Ownership Disclosure 17. Location Map Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 • Fax. 239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 • LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Packet Pg. 172 Mr. John Kelly RE: Creekside Commerce Park PUD Insubstantial Change — PL20220008309, Submittal 1 January 13, 2023 Page 2 of 2 Please feel free to me should you have any questions. Sincerely, r-�:) �p� D. Wayne Arnold, AICP RES Florida 1370 Holdings, LLC GradyMinor File (ACPDI-22) Packet Pg. 173 Coder Count y 3.B.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E & Code of Laws section 2-83 — 2-90 Ch. 3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED Name of Property Owner(s): APPLICANT CONTACT INFORMATION See Property Owner List Name of Applicant if different than owner: Res Florida 1255 Holdings, LLC Address: 1370 Creekside Blvd City: Naples State: FL Telephone: 239-643-5553 Cell: E-Mail Address: Trent. Lewis@Arthrex.com Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey Telephone: 239-947-1144 City: Fax: ZI P: 34108 Bonita Springs State: FL ZIP: 34134 Cell: E-Mail Address: warnold@gradyminor.com DETAIL OF REQUEST Fax: On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 3/27/2018 Page 1 of 4 Packet Pg. 174 3.B.f Coie� r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY INFORMATION PUD NAME: Creekside Commerce Park ORDINANCE NUMBER: 2006-50 as amended FOLIO NUMBER(S): 29331190686, 29331193227 and 29331193243 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑■ Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? ❑■ Yes ❑ No If yes, in whose name? Has any portion of the PUD been ❑ SOLD and/or ❑■ DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑■ Yes ❑ No If yes, please describe on an attached separate sheet. The subject property, Folio Numbers 29331190686, 29331193227 and 29331193243, are currently developed with office buildings and parking lots. The applicant is proposing to redevelop Tract 2 (Folio Number 29331190686) for child day care services. Tract 3 is currently not proposed to be redeveloped but the applicant would like all of Tract 3 included in the event the property would be redeveloped. Revised 3/27/2018 Page 2 of 4 Packet Pg. 175 3.B.f Coie� r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre -Application Meeting notes 1 ❑✓ 11 Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 ❑ Detail of request 1 ❑ Current Master Plan & 1 Reduced Copy 1 ❑ Revised Master Plan & 1 Reduced Copy 1 ❑ Revised Text and any exhibits ❑ ✓ PUD document with changes crossed through & underlined ❑ ✓ PUD document as revised with amended Title Page with Ordinance # ❑I LJ I ✓❑ Warranty Deed I V/ ❑ Legal Description 1 ❑✓ Boundary survey, if boundary of original PUD is amended ❑ ✓ If PUD is platted, include plat book pages ❑ ❑✓ ❑ List identifying Owner & all parties of corporation 1 I �/ Affidavit of Authorization, signed & notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 % in. x 11 in. graphic location map of site 1 1 ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. Revised 3/27/2018 Page 3 of 4 Packet Pg. 176 Comer County 3.B.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams and David Berra ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority: ❑ Conservancy of SWFL: Nichole Johnson TT Other: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: FEE REQUIREMENTS PUD Amendment Insubstantial (PDI): $1,500.00 Pre -Application Meeting: $500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 c� 3/03/2023 Agent/Owner Signature Date D. Wayne Arnold, AICP Applicant/Owner Name (please print) Revised 3/27/2018 Page 4 of 4 Packet Pg. 177 3.B.f Creekside Commerce Park PUD (PL20220008309) Property Owner List Parcel I.D. Owner Address 29331190686 Res Florida 1255 Holdings, LLC 1370 Creekside Blvd 29331193227 Res Florida 1284 Holding, LLC 1370 Creekside Blvd 29331193243 Res Florida 1265 Holdings, LLC 1370 Creekside Blvd March 3, 2023 M GradyMinor Property Owner List. docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Page 1 of 1 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.com Packet Pg. 178 Coder County 3.B.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Assigned Planner: Pre -Application Meeting Notes Petition Type: LID Date and Time: Wednesday 114123 at 1 : 30pm John Kelly Engineering Manager (far PPL's and FP's): Project Information Project Name: Creekside Commerce Park (PDI) PL#: 20220008309 Property ID#: 29331190686 Current Zoning: CPUD Creekside Commerce Park 1255 Creekside Pkwy, Naples FL 34108 Project Address: City: State: Zip: Applicant: Sharon Umpenhour - GradyMinor Inc. Agent Name: D -Wayne Arnold, AICP Phone. 239-947-1144 Bonita Springs, FL 34134 Agent/Firm Address: 3800 Via Del Rey City: State: Zip: Property Owner: RES Florida 1255 Holdings LLC o John Schmieding Please provide the following, if applicable: i. Total Acreage: 1.16 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page 1 1 of 5 Packet Pg. 179 3.B.f CoVier County COLLIER COUNTY GOVERNMENT 2900 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov [239) 252-2400 x Meeting Notes Q As of 10/16/2017 all Zoning applications have revised applications, and your associated o Application is included in your notes; additionally a *new Property Ownership Disclosure a. Form is required for all applications. A copy of this new form is included in your pre-app Y Note —link is https://www.colliercountyfl.gov/Home/Show©ocument?id=75093 - U L -� d E E /f/ i5xi]atTrm�1 Td Thy Bl9r�rc-r! ��T9s+�r v d Y �� /�� ;%%ors /r!. �l��r'I+�c.+% Grr�,.-+ 3�aL�� ►L] � U iY,s�yPf r+r LII %�.C�o4: ■ .5TrJ:F,1 FFkJ _ PX&t -fD'iE p a r r iC Trc� ❑ L rs [�!� c Cl) Co rcr�I o 0 0 N N 0 N _FAYr /' Nr9ks Sri ►B�x� .��;1] �rF?► r� i n'ob o`` a N Iq LO N CL r 3 76IV��t2ZaEa Z2ZF m N /e,_J r,0" M .V YV/11*1 L 1�o a^ Ie7'IR_'J Q Q Q w c as 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;,�naglesgov_.com Q Ailyson Holland AMHolland(ZJnaplesgov.com Robin Singer RSinger@naplesgov.com Erica Martin emartrs _naplesgov.com E Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the hest 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 Q of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Page 1 2 of 5 Updated 1/12/2021 Packet Pg. 180 C0111er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.calliercountyfl.gov (239) 252-2400 Meeting Notes ro— n q�t_ — �Ycr - �' h.'ywr.vs.K — �e�e ,' o .uY `r 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 1/12/2021 Page 1 3 of 5 Packet Pg. 181 3.B.f Thorna$ClarkeVENI From: EastleyKatherine Sent: Thursday, January 05, 2023 1:24 PM To: ThomasClarkeVEN Subject: Pre-App PL20220008309 Creekside Commerce Park {Pal} Follow lip Flag: Fallow up Flag Status: Flagged Tom, Comprehensive Planning comments are below. PL20220008309 — Creekside Commerce Park (PDI) The request proposes to amend the PUD documents, Sections 4.4, Development Standards and Section 4.5, Development Deviations to add Tract 213 and the southern portion of Tract 3B to allow for deviations to architectural standards. The PU Master Plan will be updated accordingly to show this allowance on the two tracts. The PUD is designated as Urban, Urban Mixed Use, Urban Residential Subdistrict on the Future Land Use Map (FLUM) and Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The PUD has previously been determined as consistent with the GMP; the proposed amendment will not add or change any uses or increase intensity or allowable square footage of uses, therefore the amendment is consistent with the FLUM and FLUE. Kathy Eastley, AICP Planner II Comprehensive Planning N LO C;U 7e,-' Co"fity a Zoning Division Y Katherine-eastleygcolliercountyfl.gov 2800 North Horseshoe Drive, Naples, FL 34101 00 N Direct Phone: 239.252.2834 -- - a-2 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- w Information contained in this email is subject to verification by the Zoning Manager and/or Planning Director; if this E information is being used as a basis for the purchase/lease of a property or as a guide for the design of a project, it is recommended that a Zoning Verification Letter or Zoning Certificate Application is submitted to zoning services. Applicatic r for a Zoning Verification Letter can be found here: https://www,colliercountyfl.gov/hoi-ne/showdocument?id=69624 Q Zoning Certificate applications can be found here: htt s: www.colliercount fl. ov our- overnment divisions-f- r ❑ erations-re ulator -mana ement zonin -or-land-use-a lication zonin -other-land-use-a lications . E w r a y' Packet Pg. 182 G AMr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20220008309 Collier County Contact Information: 3.B.f Name Review Discipline Phone Email Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Shar A.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241.-1422 sbeddow@gnfire.or ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov L+Ygg /? !i Craig Brown Environmental Specialist ?. 252-2&0 craig.brown@col IiercountyfLgov ❑1 Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov `Heidi IK' Thomas Clarke Zoning Operations Analyst 252.2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov ❑ Gabriela Castro Zoning Principal Planner 252-4211 gabrieia.castro@colliercountyfl.gov ❑ Maggie DeMeo North Collier Fire 252-2308 pdemeo@northcoilierfire.com ❑ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Principal Planner 252-4312 tirnothy.finn@colliercountyfl.gov Sue Faulkner GMP - Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirta, P.E. Engineering 5tormwater 252-2434 stDrm.gewirtz@colliercountyfl.gov ❑ Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gun lach@colliercountyfl.gov Rachel Hansen G M P — Comprehensive Planning 252-1142 Rachel.hansen@coIIiercountyfLgov ❑ Richard Henderlong Zoning Principal Planner 252-2464 richard, hen deriong@colliercount fl.gov ❑ John Houldsworth Engineering Subdivision 252.5757 John.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humph ries@colIiercountyfLgov Anita Jenkins Planning & zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov I—1 Parker Klopf GMP—Comprehensive Planning 252-2471 Parker.klopf@colliercountyfl.gov J Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com ❑ Diane lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov ❑ Thomas Mastroberto 1 Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov 11 Jack McKenna, P.E. I Engineering Services 2S2-2911 jack.mckenna@colliercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 183 3.B.f Coffier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 ❑ Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfLgov Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Richard firth 5tormwater Planning 252-5092 richard.orth@colliercountyfl.gov Eric Clrtman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfLgov Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyflgov Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfLgov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfLgov ❑ tames Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyflgov ❑ Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfLgov R" Peter 5hawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyflgov Ise Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velascc Client Services 252-2584 Jessica.velasco@colliercountyfLgov ❑ Jon Walsh, P.E. Building Review 252-2962 Jonathan.waish@colliercountyfLgov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov Daniel Zunxunegui North Collier Fire 252-2310 Dan iel.Zunzunegui@colliercountyfLgov Additional Attendee Contact Information: Name Representing Phone Email [[ SIJ I+; 11 i �V a A " ! i! f v r.� C�-a►�. Updated 1j12/2021 Page 1 5 of Packet Pg. 184 Creekside Commerce Park PDI - PL20220008309 — Wed a 4 z3 — John Kell 3.B.f a Participants (11) — ❑ X thornas Clarke (Host, me) sumpenhour Q 0 kellyjohn aDerek D• Perry, County Attorney's Office / 0 Ojim.carr IV 0 Katherine.Eastley 1VF 0 aMark `, �J Peter Sha%vinskj =E.i Sarah.Harrington Sue Faulkner Ask to Unnnute I - — Trent Lewis Jim Carr-ABB- representing Artrex Trent Lewis - Artrex a Packet Pg. 185 3.B.f Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20220008309 — Creekside Commerce Park [PDII Planner: John Kelly Assigned ❑ps Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION ■ Name and Number of who submitted pre-app request Sharon Umpenhour—GradyMinor Inc. sumPenhour@gradVminor.com 239-947-1144 • Agent to list for PL# D. Wayne Arnold, AICP —Grady Minor Inc. ■ Owner of property (all owners for all parcels) Res Florida 1255 Holdings LLC % John Schmieding • Confirm Purpose of Pre-App: Insubstantial Change to Creekside Commerce Park CPUD 16 Please list the density request of the project if applicable and number of homes/units/offices/docks (any that 4 apply F14- N/A 3 c� m N • Details about Project: r c c� r, Modify Section 4.4. E. and 4.5. 3. of the PUD Ordinance to include Tract 2 and revise the a a Master Plan to add a notation on Tract 2 referencing Section 4.5, item 3, Architectural w Standards Deviation, E REQUIRED Supplemental Information provided by: Q Name: Title: d Email: Phone: r, coo r Q Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condom ina!Rcolliercountyfl Phone: 239-252-6866 Created April S, 2017 Location: K:\CDES Planning Services�Current\Zoning Staff Information Packet Pg. 186 ��4 �F f` � Co tir Cou-inty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be corn pleted and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre -Application Meeting notes i ❑ Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 ry I� ❑ Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy A Revised Text and any exhibits Li PUD document with changes crossed through & underlined PUD document as revised with amended Title Page with Ordinance # Warranty Deed Legal Description 1 Boundary survey, if boundary of original PUD is amended ❑ If PUD is platted, include plat book pages ❑i ❑ List identifying Owner & all parties of corporation 1 Affidavit of Authorization, signed & notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 % in. x 11 in. graphic location map of site 1 Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 3.B.f Revised 3/27/2D18 Pa e3of4 Packet Pg. 187 3.B.f COLLIER COUNTY GOVERNMENT Goter County 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑School District (Residential Components): Amy Lockheart ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑Parks Utilities Engineering: Eric Fey El and Recreation: Barry Williams and David Berra ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority: ❑ Conservancy of SWFL: Nichole Johnson Other: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: FEE REQUIREMENTS PUD Amendment Insubstantial (PDI): $1,500.00 f Pre -Application Meeting: $500.00 Yam? Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Applicant/Owner Name (please print) Date Revised 3/27/2018 Page 4 of 4 Packet Pg. 188 3.B.f Creekside Commerce Park PUD (PL20220008309) Project Narrative and Detail of Request The proposed insubstantial changes to the Creekside PUD involve modification to the areas of the PUD that would qualify for the County's alternative architectural review process, which are owned by Arthrex. Prior PUD amendments and Insubstantial PUD amendments added deviations to permit properties owned by Arthrex to be developed utilizing the County's alternative architectural review process, which allowed Arthrex to work with the County's Architect and development review staff to design buildings that have architecturally similar details for the buildings that comprise the Arthrex campus at Creekside on I/C Tracts 5, 6 and 7 and the southern portion of B Tract 3 The alternative architectural review process makes sense for Arthrex as existing and proposed buildings do not identify with the LDC with specific building types subject to the typical County architectural standards found in Section 5.05.08 of the LDC. The proposed PDI, would include all of Tract 2, and the northern portion of Tract 3 in the modified deviation which permits the alternative architectural review process. Arthrex now owns the buildings located on Tracts 2 and 3 and have immediate plans to raze the building on Tract 2, and plan future renovations of the building located on Tract 3 (Polaris Building). The resulting PDI would result in all properties owned by Arthrex to utilize the alternative architectural review process in order to achieve harmonious design elements for all of the Arthrex campus buildings. Insubstantial Change Criteria LDC Subsection 10.02.13 E.1 E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in Section 10.02.13 E.3.c. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in sections 10.02.13 A and B. For the purpose of this section, a substantial change shall be deemed to exist where: a. There is a proposed change in the boundary of the PUD; or No b. There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; January 6, 2023 W Gradyi\linor ACPDI-22 Project Narrative. docx Page 1 of 3 CAril 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.co ol Packet Pg. 189 3.B.f c. There is a proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; No change in preserve, recreation or open space results from this amendment. d. There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; No increase in the size of the areas for non-residential uses are proposed. the PUD has already established the permitted uses in the PUD. e. There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; No additional traffic or public facility impacts will result from the proposed request. f. The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No additional dwelling units or commercial uses are proposed; therefore, there are no additional traffic impacts. A prior trip cap has been established for the PUD. g. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; Adequate area exists on -site for stormwater retention, and no change to the approved discharge rate is proposed. No additional stormwater retention areas will be required. h. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The change will not be incompatible. The resulting amendment will allow for continuation of harmonious architecture throughout the Arthrex campus. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; January 6, 2023 ACPDI-22 Project Narrative. docx Page 2 of 3 Packet Pg. 190 3.B.f The PUD and proposed minor change is consistent with the Collier County Growth Management Plan. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this section 10.02.13 of this Code; or This minor change to add the alternative architectural deviation process for B Tracts 2 and 3 does not constitute a substantial deviation. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 10.02.13 The proposed change meets the standards for an insubstantial modification and creates no external impacts. January 6, 2023 ACPDI-22 Project Narrative. docx Page 3 of 3 Packet Pg. 191 3.B.f ORDINANCE NO.2021- 35 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS AMENDED, BY ADDING UP TO 300 MULTI -FAMILY RENTAL DWELLING UNITS AS A PERMITTED USE IN THE BUSINESS DISTRICT; ADDING RESIDENTIAL DEVELOPMENT STANDARDS INCLUDING A MAXIMUM HEIGHT OF 100 FEET; AND BY AMENDING THE MASTER PLAN. THE SUBJECT MULTI -FAMILY PROPERTY IS IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF IMMOKALEE ROAD AND GOODLETTE FRANK ROAD, CONSISTING OF 28.85± ACRES AND THE CPUD IS LOCATED SOUTH OF IMMOKALEE ROAD AND BOTH EAST AND WEST OF GOODLETTE FRANK ROAD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190002850] WHEREAS, on October 24, 2006, the Board of County Commissioners approved Ordinance Number 06-50, the Creekside Commerce Park Commercial Planned Unit Development (the "PUD"); and WHEREAS, on March 12, 2013, the Board of County Commissioners approved Ordinance Number 13-23, which amended the PUD; and WHEREAS, on March 22, 2016, the Board of County Commissioners approved Ordinance Number 16-05, which further amended the PUD; and WHEREAS, on October 25, 2016, the Board of County Commissioners approved Ordinance Number 16-32, which further amended the PUD; and WHEREAS, on April 24, 2018, the Board of County Commissioners approved Ordinance Number 18-19, which further amended the PUD; and WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., and D. Wayne Arnold of Q. Grady Minor & Associates representing Creekside East, Inc., petitioned the Board of County Commissioners to amend the CPUD. [20-C P5-0200911656955111 108 Creckside Commerce Park CPIJD 1 of 2 PL20190002850 9/ 16/21 Packet Pg. 192 3.B.f NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to the CPUD Document of Ordinance No. 2006-50, as amended The CPUD Document attached as Exhibit "A" to Ordinance No. 2006-50, as amended, is hereby amended to read as follows: See Exhibit "A", attached hereto and incorporated herein by reference. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2021 -31, becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this JIJ�tday ❑f L� C+1j G_-e _ f— , 2021. ATTEST: • ""n CRYSTAL--K: KINZE1�,. CLERK By: �r QttBst z to Chsittllan'.5 signature only. Approved as to form and legality: LL A�� r h(_ "'?"k Heidi Ashton-Cicko ^ Managing Assistant County Attorney Attachments: Exhibit A - CPUD Document 120-CPS-020091165695511 ] 108 Creeksidc Commerce Park CPUD PL20190002850 9116/21 2 of 2 BOARD OF COUNTY COMMISSIONERS COLLIER TY, FLORID By: Penny Ta or, Chairman This ordinertc,e fikd wi,'� Secretary of State's 0"ir_r �•c ,W- stay of h6mi 4-y' _ -611._ and acknowledgernentgf that filing received this �day of .� Irz- By o.wer ewk Packet Pg. 193 3.B.f EXHIBIT A CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP Packet Pg. 194 3.B.f CREEKSIDE COMMERCE PARK n PLANNED UNIT DEVELOPMENT 106± Acres Located in Section 27 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway, Naples, FL 34105 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105 YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 Laurel Oak Drive, Suite 300, Naples, Florida 34101 AMENDED DECEMBER 2005 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey, Bonita Spring, Florida 34134 ROETZEL AND ANDRESS, L.P.A. 850 Park Shore Drive, 3"' Floor, Naples, Florida 34103 AMENDED MAY 2012 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey, Bonita Spring, Florida 34134 COLEMAN, YOVANOVICH AND KOESTER, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 AMENDED AUGUST 2015, JULY 20161OCTOBER 2016 and JULY 2021 BY: Q_ GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey, Bonita Spring, Florida 34134 COLEMAN, YOVANOVICH AND KOESTER, P.A. Northern Trust Bank Building 4001 Tarniami Trail North, Suite 300, Naples, FL 34103 Wards stmek thpeugh are deleted, words underlined are added. PL20190002850 CPUD Amendment July 21, 2021 Packet Pg. 195 3.B.f TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE t� SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description Of The Park and Proposed Land Uses 2.3 Compliance With County Ordinances 2.4 Community Development District 2.5 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right -Of -Way 2.9 Sales Office and Constriction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers, Berens, Fences and Walls 2.20 Signage 2.21 General Permitted Uses SECTION III INDUSTRIALICOMMERCE DISTRICT 3-1 SECTION IV BUSINESS DISTRICT 4-1 SECTION V PRESERVE AREA 5-1 • No EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN EXHIBIT B-1 CROSS SECTIONS (ENLARGED) EXHIBIT C CONCEPTUAL BUILDING RENDERING Words ~•~ '-',..,ugh are deleted; words underlined are added. PL20190002850 CPUD Amendment i July 21, 2021 Packet Pg. 196 3.B.f STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter referred to as Barron Collier or the Developer, to create a Planned Unit Development (PUD) on 106t acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. The Creekside Commerce Park PUD is located within %4 mile of the North Collier Hospital. The 2016 petition request is to add 166,000 square feet to the I/C District and 32,000 square feet to the B District. All additional square footage approved in the October 2016 Ordinance amendment will be medical related uses, and will be on Tracts that are within or partially within '/4 mile of the North Collier Hospital property. The 2020 petition PL20190002850 request is to add 300 multi-famil rental units which were authorized through the companion 2020 small-scale plan amendment FL20190002849 . The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE) as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban -Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban -Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3. LH and L of the FLUE. Words stmek through are deleted; words underlined are added. PL20190002850 CPUD Amendment ii July 21, 2021 Packet Pg. 197 3.B.f 8. Creekside Commerce Park is a master planned, deed -restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. Wards seneek through are deleted,wards underlined are added. PL20190002850 CPUD Amendment iii July 21, 2021 Packet Pg. 198 3.B.f SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". Wards are deleted; wards underlined are added. PL20190002850 CPUD Amendment iv July 21, 2021 Packet Pg. 199 3.B.f SECTION I LEGAL DESCRIPTION$ PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21" East 1869.61 feet; thence leaving said line South 00114'39" West 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six (6) described courses; 1) South 89°45'21" East 485.99 feet; 2) South 00°14'39" West 10.00 feet; 3) South 89°45'21" East 150.19 feet; 4) South 89°48'33" East 716.8I feet; 5) North 05°34'33"' West 10.05 feet; 6) South 89°48'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3, page 58, Public Records of Collier County, Florida; thence along said line South 05°33'48" East 1767.02 feet; thence leaving said line South 89°20'53" West 51.18 feet; thence North 23°55'53" West 13.07 feet; thence northwesterly, 30.71 feet along the arc of a circular curve concave to the northeast, having a radius of 80.00 feet, through a central angle of 21 °59'S2" and being subtended by a chord which bears North 12°55'57" West 30.53 feet; thence North 05°00'53" West 31.56 feet; thence North 36°I9'20" West 32.02 feet; thence North 56°04'35" West 35.11 feet; thence North 809 9'15" West 3 2.5 3 feet; thence North 88°39' 12" West 97.78 feet; thence North 86°04'40" West 45.79 feet; thence North 89°49'48" West 132.77 feet; thence North 69°40' 10" West 37.23 feet; thence South 89°20'53" West 142.47 feet; thence South 84°59'26" West 24.66 feet; thence South 74°56'50" West 121.32 feet; thence South 79°49'59" West 45.93 feet; Words stighek Mi-e.. h are deleted.- words underlined are added. PL20190002850 CPUD Amendment 1-1 Ady 21, 2021 Packet Pg. 200 3.B.f thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet, through a central angle of 39030' 16" and being subtended by a chord which bears North 80°24'53" West 44.61 feet to a point of eempetind reverse curvature; thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest, having a radius of 150.00 feet, through a central angle of 20'12'57" and being subtended by a chord which bears North 70'46' 13" West 52.65 feet; thence North 80°52'42" West 36.59 feet; thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet, through a central angle of 33°04' 14" and being subtended by a chord which bears South 82'35' 11" West 45.54 feet to a point of compound curvature; thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet, through a central angle of 36°26' 19" and being subtended by a chord which bears South 84'16' 14" West 3 7.5 2 feet to a point of eempeund reverse curvature; thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet, through a central angle of 12°55'59" and being subtended by a chord which bears North 83°58'36" West 68.70 feet; thence South 89°33'25" West 18.36 feet; thence South 89°39' 19" West 71.63 feet; thence North 89°34'56" West 36.03 feet; thence South 86°06'41" West 42.94 feet; thence South 83'44' 16" West 26.23 feet; thence South 51'01' 13" West 27.49 feet; thence South 33°25'50" West 19.95 feet; thence South 15°40'05" West 20.54 feet; thence South 10'54'39" West 34.64 feet; thence South 89'20' 14" West 10 1. 06 feet; thence North 10'46'06" East 101.42 feet; thence North 89°20'53" East 65.45 feet; thence North 00°39'07" West 100.64 feet; thence South 89°20'53" West 503.79 feet; thence North 00°39'07" West 27.71 feet; thence North 72°58'55" West 131.30 feet; thence North 02°08'56" West 1473.29 feet to a point on the south right of way line of said Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40" East. All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida Wards gfeiee `' . i * are deleted; words underlined are added. PL20190002850 CPUD Amendment 1-2 fitly 21, 2021 Packet Pg. 201 3.B.f being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the east line of said Section 27, South 01 109'43" East 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01 °09'43" East 1189.62 feet; thence leaving said line South 89°48'50" West 677.35 feet; thence South 05°35'39" East 886.02 feet; thence South 89°48'50" West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida; thence along said line North 05°35'39" West 208 8. 10 feet to a point of the south right of way line of said Immokalee Road (S.R. 846); thence along said line South 89°49'40" East 1168.55 feet; thence continue along said line South 89012'58" East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26" East. LESS A PORTION OF TRACTS "R" AND "L1" CREEKSIDE COMMERCE PARK WEST -UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT "R" (CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST -UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89045'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE COMMERCE PARK WEST -UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST -UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R'; THENCE RUN NORTH 02°19'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES, MORE OR LESS. Wards are deleted, words underlined are added. PL20190002850 CPUD Amendment 1-3 July 21, 2021 Packet Pg. 202 3.B.f 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership, or its assigns, whose address is 2640 Golden Gate Parkway, Naples, FL 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development, County Park and County Wastewater Treatment Facility; and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph, Location Map. B. The zoning classification of the subject property at the time of PUD application is I (Industrial) and A (Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones "AE-11" of the FEMA flood insurance rate. D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand, Riveria fine sand, Ft. Drum and Malabar fine sand, and Satellite fine sand. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub -basins, as depicted within the Collier County Drainage Atlas (July, 1995). 1.5 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 2016, in that it is at or below 80% of all numerical thresholds in the guidelines and standards set forth therein. Words ytriie' thtxe� are deleted; words underlined are added. PL20190002850 CPUD Amendment 1-4 July 21, 2021 Packet Pg. 203 3.B.f SECTION 11 PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of residential and retail uses. Creekside Commerce Park shall establish project -wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. A Land Use Summary indicating approximate land use acreages is shown on the Master plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply to which said regulations relate. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3,15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Wards are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-1 July 21, 2021 Packet Pg. 204 3.B.f E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval. The Words yo e' Mr. ugh are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-2 hdy 21, 2021 Packet Pg. 205 3.B.f Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve an overall aesthetic character for the park, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the park; however, excess fill material may be utilized off -site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off -site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTQ) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights -of -way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTQ) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: Stockpile maximum height: Thirty-five feet (35') 2. Fill storage areas in excess of five feet (5) in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). Words are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-3 July 21, 2021 Packet Pg. 206 3.B.f a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS -OF -WAY Utilization of lands within all park rights -of -way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. 2.9 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 1 OD-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses, Wards are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-4 July 21, 2021 Packet Pg. 207 3.B.f water management facilities, and conservation areas within or external to the PUD. D. The following shall be deemed minor changes or refinements: 1) Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2) Internal realignment of rights -of -ways. 3) Reconfiguration of parcels per Section 5.5 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The lake originally approved as Lake L-1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. Wards &tfwek thr-eu h are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-5 Judy 21, 2021 Packet Pg. 208 3.B.f 2.14 ENVIRONMENTAL Vegetation shall be retained in accordance with the criteria established in the Conservation and Coastal Management Element of the GMP and Section 3.05.00 of the LDC. 2.15 UTILITIES A. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. B. The owner shall convey to Collier County a County Utility Easement (CUE) no less than 15 feet in width for construction of an irrigation quality (IQ) main through the PUD west of Goodlette-Frank from the North County Water Reclamation Facility to the existing IQ main on Immokalee Road. The requested CUE shall be provided in a mutually agreeable location, deemed acceptable by both the Owner and the Public Utilities Planning and Project Management Division, prior to approval of the next development order west of Goodlette-Frank Road. The CUE shall be conveyed to Collier County and the Collier County Water Sewer District at no cost to County, free and clear of all liens and encumbrances. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized, notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92- 22, as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. Words ginwk 'hr-e gh are deleted; words underlined are added. PL20190002850 CPUD amendment 2-6 Jul), 21, 2021 Packet Pg. 209 3.B.f G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette-Frank Road to the IIC parcel (herein called "southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1) The issuance of a certificate of occupancy for the "southern parcel"; 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD; or 4) Within 9 months of obtaining "grant" money or other funds for construction of such infrastructure from an outside source. The IJC parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. The Developer agrees to provide the County with an update of the Transportation Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette-Frank Road southernmost access to the IIC parcel east of Goodlette- Frank Road shall be limited to a right-in/right-out access. L. The maximum trip generation allowed by the proposed uses both primary and ancillary may not exceed 2,045 (external to the PUD, per TIS dated 09/ 16/2016 and 07-07-2017 as amended) PM Peak Hour, two-way trips. M. The owner, its successors, or assigns, shall construct a 5-foot wide sidewalk within the Florida Power & Light (FPL) easement, subject to approval by FPL on the west side of Creekside Street and the south side of Creekside Parkway along/within folio # 29331193049 to connect to the existing sidewalk along Creekside Parkway. The construction plans for the sidewalk and the letter request to FPL shall be completed and mailed prior to the issuance of a Certificate of Occupancy for the proposed Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan. The construction of the sidewalk shall be completed no later than one year following FPL's approval. N. Due to the removal of a portion of the Creekside Boulevard minor collector roadway and re-routing of traffic, the owner, its successors, or assigns, shall design Words strtfek through are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-7 July 21, 2021 Packet Pg. 210 3.B.f and construct the re-routed roadway to adequately accommodate AASHTO Interstate Semitrailer (WB-62) standards and provide access to existing postal service truck traffic prior to the removal of a portion of Creekside Boulevard. The design and construction shall be at no cost to Collier County. Any additional right- of-way easements required by County for a public road pursuant to County standards shall be dedicated to the County, free and clear of all liens and encumbrances without County maintenance responsibility. Such dedication shall occur prior to the issuance of the Certification of Occupancy for the proposed Arthrex Headquarters building redevelopment on Tract 5 of the Master Plan and prior to the removal of a portion of Creekside Boulevard. The owner, its successor, or assigns, shall also accept ownership of the entire length of Creekside Boulevard with all maintenance responsibilities. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park, in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community -wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. C. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes, but in no way supersede them. Words .,true, thr- .ttgA are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-8 July 21. 2021 Packet Pg. 211 3.B.f Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community, Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value -apparent business environment. Design elements throughout a project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the classical principles of design and avoid cliches, overly complex or garish motifs, while seeking to invoke a "timeless" quality, C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing Iandscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. 1. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be Wards ... wek '' ..... are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-9 July 21, 2021 Packet Pg. 212 3.B.f designed to harmonize with adjacent streetscape landscaping, and clearly accentuate, the parcel entry. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to their Iocation. E. Graphicslsignage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: 1) Minimum width ❑f20'-0", measured from the R.O.W. 2) Adjacent to Business District type uses within the Business District, trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. B, Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: 1) Minimum width of 20'-0", measured from the R.O.W. 2) Adjacent to Business District type uses, including residential. within the Business and Industrial/Commerce (IIC} Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' D.C., planted at an initial height of 12' O.A., with a 6' spread. At the time of individual lot improvements, hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. Words &Owek threttO are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-10 July 21. 2021 Packet Pg. 213 3.B.f 3) Adjacent to industrial type uses within the Industrial/Commerce District, trees will be native, xeric or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast corner of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements, 2) The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. 4) The Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet (50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette-Frank Road, shall be a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus nitida 12'-13' O.A. and 6'-8' wide; locations to be coordinated with the adjacent property owner. 7) The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the IlC District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing Pelican Marsh bennlbuffer. This buffer will be Words serteek fhretT4 are deleted; words underlined are added. PL20190002850 CPt1D Amendment 2-1 1 Judy 21, 2021 Packet Pg. 214 3.B.f installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (94%) opacity within one (1) year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any IIC construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the IIC District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative "A" type buffer. 14) The landscape buffer between the R.Q.W. and the adjacent Agricultural District to the west will be an Alternative "A" type buffer and be incorporated into the R.Q.W. D. Maximum fence or wall height internal to the PUD: Twelve feet (12'). E. Landscape buffers, berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase, except where noted in this document. F, Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. 2.20 SiGNAGE A. GENERAL 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right-of-way, shall require a right -of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. Words are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-12 July 21. 2021 Packet Pg. 215 3.B.f B. 14 191 PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be Iocated as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 8 feet in height. INTERNAL SIGNS 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Deveioper or parcel owner may display an on -site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. Banner signs shall be anchored and may be displayed on - site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. USER SIGNS 1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single -occupancy facility, or for each establishment in a multiple -occupancy facility, Corner units within multiple - occupancy facilities, or multi -frontage single -occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. 2) Monument and Pole signs: One (1) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). Words are deleted, words underlined are added. PL20190002850 CPUD Amendment 2-13 July 21, 2021 Packet Pg. 216 3.B.f a. Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. b. External road frontage setbacks: Pole signs shall be setback from any external right-of-way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. c. Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. d. Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permitted herein, they will be allowed one sign between Immokalee Road and the proposed iakc adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. S. General Permitted Uses: Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. Words are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-14 Jul), 21. 2021 Packet Pg. 217 5. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD Site filling and grading as set forth in Section 2.7 of this PUD. 9. Outdoor recreation facilities, including but not limited to playfields and fitness trails on areas not designated IC or B on the PUD Master Plan. Stadiums shall be prohibited. 10. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. 11. Sidewalks may occur within County required buffers if approved by the Community Development and Environmental Services Administrator. 12, Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 2.22 MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. Words -de fhp.,. are deleted; words underlined are added. PL20190002850 CPUD Amendment 2-1 S J1111 21. 021 Packet Pg. 218 3.B.f SECTION III INDUSTRIALICOMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "IIC". 3.2 GENERAL DESCRIPTION Areas designated as "IIC" on the PUD Master Plan are intended to provide a maximum of 709,100 square feet of Floor Area of industrial/commerce uses on 49.9"3± net acres. Intermediate care (SIC Code 8052), parking garages, and group housing and hotel/motel uses (SIC Code 7011) are in addition to the IC gross square footage figures. Wellness Centers limited to employees and hotel guests within the PUD shall not exceed a maximum of 40,000 s.f., and shall not be counted towards overall square footage. There shall be no offsite memberships. The above referenced wellness center shall be located west of Goodlette-Frank Road. Notwithstanding the foregoing, the United States Postal Service parcel may use any available square footage in the IIC District (excluding the 166,000 square feet added by the October 2016 amendment) and the Business District up to a FAR of .35 on the United States Postal Service Parcel until all available square footages are used up in the PUD. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. Aircraft Parts and Auxiliary Equipment (Group 3728) 2. Apparel and Other Finished Products (Groups 2311-2399) Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. Wards siruek thretth are deleted; wards underlined are added. PL20190002850 CPUD Amendment 3-1 July 21, 2021 Packet Pg. 219 3.B.f 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 73523 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of; for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services (Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service) 7. Computer and Office Equipment (Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non -Depository Institutions (Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulls, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) Wordsstowek .a...ough are deleted, words underlined are added. PL20190002850 CPUD Amendment 3-2 July 21, 2021 Packet Pg. 220 3.B.f 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469, 3492, 3495, 3496, production of metal is prohibited) 15. Furniture and Fixtures Manufacturing (Groups 251 1-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224- 9229, 9311, 9451, 9511-9532, 9611, 9631-9661) 17. Hotels 1 Motels (Group 7011), not to exceed a maximum of 349 rooms for the entire PUD. Only 2 Hotels/Motels are permitted within the PUD. Only one hotel/motel may be located east of Goodlette-Frank Road, and shall not exceed 180 rooms, and only one hotel/motel may be located west of Goodlette Frank Road. The hotel/motel west of Goodlette Frank Road shall be located on Tract 6, not to exceed 169 rooms, is subject to specific development standards and setbacks in Section 3.4. 18. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines; metal pickling equipment, except rolling mill lines) 19. Leather and Leather Products (Groups 3131-3199) Wards are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-3 July 21, 2021 Packet Pg. 221 3.B.f 20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing (Groups 3812- 3843, 3845-3873) 21. Membership Organizations (Groups 8611-8631) 22. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) 23. Motion Picture Production (Groups 7812-7819) 24. Motor Freight Transportation (Groups 4214, 4215) 25. Packing and Crating (Group 4783) 26. Paper and Allied Products (Groups 2652-2657, 2673-2679) 27. Personal Services (Groups 7213, 7216, 7219, 7221) 28. Physical Fitness Facilities (Group 7991) 29. Plastic Materials and Synthetics (Groups 2833,2834) 30. Printing, Publishing and Allied Industries (Groups 2711-2791) 31. Professional Offices: including but not limited to, Travel Agencies (Group 4724); insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399); Real Estate (Groups 6512, 6514, 6517, 6519, 6531, 6541, 6552,) 32. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086, 3088, 3089) 33. Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard: building and repairing) 34. United States Postal Service (Group 4311) 35. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) only one (1) self -storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 36. Wholesale Trade -Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood -wholesale; lumber: rough, dressed, and finished -wholesale; batteries, except Words meek Neagh are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-4 July 21, 2021 Packet Pg. 222 3.B.f automotive -wholesale; storage batteries, industrial -wholesale; unit substations -wholesale; boilers, power: industrial -wholesale; boilers, steam and hot water heating -wholesale; burners, fuel oil and distillate oil - wholesale; oil burners -wholesale} 37. Wholesale Trade -Nondurable Goods (Groups 5111-5143, 5145, 5147- 5149, 5192, 5199 except for cats -wholesale; charcoal -wholesale; dogs - wholesale; fish, tropical -wholesale; furs, dressed -wholesale; greases, animal and vegetable -wholesale; ice, manufactured or natural -wholesale, leather and cut stock -wholesale; linseed oil -wholesale; oils, except cooking: animal and vegetable -wholesale; oilseed cake and meal -wholesale; rubber, crude -wholesale; sawdust -wholesale; vegetable cake and meal -wholesale; wigs -wholesale; worms -wholesale) 38. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 114 mile radius of the hospital property boundary. Group housing for the elderly limited to Assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.13.1, 3.3.13.2, 4.3.13.1 and 4.3.13.3. These uses are limited to parcels located east of Goodlette-Frank Road. 2. Health Services, medical clinics and offices (Groups 8011-8049, 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.13.1, 3.3.13.2, 4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 3. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-8092, 8099) 4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. Words gtrue' .hr.,� are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-5 July 21, 2021 Packet Pg. 223 3.B.f C. Permitted Accessory Uses and Structures: I. Uses and structures that are accessory and incidental to uses permitted in this district, including indoor and outdoor recreational facilities, including but not limited to physical fitness facilities, playfields and fitness trails. Stadiums shall be prohibited. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40%) of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Group housing uses described in Section 3.2.B.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on -site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on -site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off --site events as well as planning for lectures, movies, music and other entertainment for the residents at the on -site clubhouse. 5. A wellness center shall be provided on -site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation, 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. Words struek throttO are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-6 Ady 21. 2021 Packet Pg. 224 3.B.f B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet (50'). For parcels located east of Goodlette-Frank Road, see additional setback requirements in Section 3.4.C.7.a. 2. Front Yard, Internal: Thirty feet (30') 3. Side Yard: Ten feet (10') Five feet (5') to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip -rap at top of bank, otherwise twenty feet (20') 5. Rear Yard: Twenty-five feet (25') 5. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') 7. Minimum Building Setback from Existing Goodlette-Frank Road Right -of - Way East of Goodlette-Frank Road: a) Goodlette-Frank Road: Minimum of fifty feet (50'), except as provided as follows: i) For group housing for elderly and intermediate care use: (a) If the zoned height of any structure exceeds 50 feet, the minimum setback is 75 feet plus for any portion of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio (i.e., for one vertical foot of height, setback is increased by two horizontal feet) for that portion of the building over 50 feet of height. ii) For hotel/motel use: (a) Minimum setback of 75 feet regardless of height plus for any portion of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio (i.e., for one vertical foot of height, setback is increased Words stmek 'h•-ettgh are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-7 Ali, 21, 2021 Packet Pg. 225 3.B.f by two horizontal feet) for that portion of the building over 50 feet of height. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: fifty feet (50'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc. Facilities located on Tract 5 on the Master Plan shall have a maximum zoned height of one -hundred four (104') feet and a maximum actual height of one -hundred twenty two (122') feet, For parcels east of Goodlette-Frank Road: the Hotel, group housing for the elderly, and the intermediate care facility shall have a zoned height seventy-five feet (75'), actual height eight -fine feet (85'). All other uses permitted east of Goodlette-Frank Road pursuant to Section III shall have a zoned height of fifty feet (50') and an actual height of sixty feet (60'). E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All IIC buildings shall meet the requirements of Section 5.05.08 of the LDC, except for buildings located on Tract 5, and 6 on the Master Plan, which shall be subject to the deviation process in Section 5.05.08 of the LDC (see Section 3.5.2, Development Deviations, of this PUD Ordinance). The building located on Tract 5 shall be similar in architectural style to the conceptual building rendering in Exhibit C. G. Business District type uses located within the IIC District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1., Purpose and Intent 2. Section 2.8.3.5.4., Facade Standard 3. Section 2.8.3.5.6., Project Standards Words are deleted; words underlined are added. PL20190002850 CPUD Amendmenl 3-8 July 21, 2021 Packet Pg. 226 3.B.f 4. Section 2.8.3.5.7., Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. I. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north, east or west. 1 Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m, and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. 3.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facilities. 2. Deviation from LDC Section 5.05.08, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for specific types of buildings, to allow general office and medical office, hotel and physical fitness facilities that can be constructed on Tract 5 and 6 of the Master Plan to be eligible for this deviation process. 3. Deviation from LDC Section 4.06.02.C.4., Type D Buffer, which requires a 10' wide Type D buffer adjacent to rights of way, with trees spaced no more than 30' on center, to permit the existing street trees planted along the west side of Creekside Street to satisfy the minimum Type D buffer tree requirement of the eastern boundary of Tract 5. Words are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-9 July 21, 2021 Packet Pg. 227 3.B.f 3.6 LANDSCAPE BUFFER RESTRICTIONS The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.B.2 (and B.3) are prohibited Words are deleted; words underlined are added. PL20190002850 CPUD Amendment 3-10 July 21, 2021 Packet Pg. 228 3.B.f SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "B". 4.2 GENERAL DESCRIPTION Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of 269,000 square feet of Floor Area, including approximately 219,000 square feet of office uses, am4-50,000 square feet of retail uses and up to 300 multi -family rental apartments within the 9.9t acre Creekside Commerce Park East Mixed Use Subdistrict of the Growth Management Plan, shown on the Master Plan on 22.9023.37± net acres. Intermediate care facilities (SIC Code 8052), parking garages, and group housing and hotel/motel uses (SIC Code 7011) are in addition to the B District gross square footage figures. Wellness Centers limited to employees and hotel guests within the PUD shall not exceed a maximum of 40,000 s.f., and shall not be counted towards overall square footage. There shall be no offsite memberships. The above referenced wellness center shall be located west of Goodlette-Frank Road. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: Apparel and Accessory Stores (Groups 5611-5699) Breweries (Group 2082) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 4. Business Services (Groups 731 1-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; Wards wm' thff - are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-1 September 16, 2021 Packet Pg. 229 3.B.f bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services (Group 8351) 6. Convenience Store, food market (Group 5411) only two (2) allowed within the PUD and Gasoline Filling Station (Group 5541) only one (1) allowed within the PUD. 7. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service. Dance and Martial Arts Studios (Groups 7911 and 7999, including only gymnastics and martial arts instruction) 9. Depository and Non -Depository Institutions (Groups 6011-6163) including automatic teller machines 10. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 1 1 . Dwelling Units Multi -Family within the 9.9+ acre Creekside Commerce Park East Mixed Use Subdistrict of the Growth Management Plan shown on the Master Plan) 41 .12. Eating Places (Group 5812) not including stand alone drive-thru restaurants. 4-z 13. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 14. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) Words struek M,.,,ttgh are deleted; wards underlined are added. PL20190002850 CPUD Amendment 4-2 September 16, 2021 Packet Pg. 230 3.B.f 44-.15. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224- 9229, 9311, 9451, 9511-9532, 9611, 9631-9661) 4-5-. 16. Hardware Stores (Group 5251) 4-6:17. Home Furniture, Furnishings and Equipment Stores (Groups 5712-5736) 4.7-18. Hotels 1 Motels (Group 7011); not to exceed a maximum of 349 rooms for the entire PUD. Only 2 hotels/motels are permitted within the PUD. Only one hotel/motel may be located east of Goodlette-Frank Road, and shall not exceed 180 rooms, and only one hotel/motel may be located west of Goodlette Frank Road. The hotel/motel west of Goodlette Frank Road shall be located an Tract 6, not to exceed 169 rooms, is subject to specific development standards and setbacks in Section 4.4. 4-8-19. Miscellaneous Food Stores (Group 5499) 44-.20. Miscellaneous General Merchandise Stores (Group 5399) 20-21. Miscellaneous Retail (Groups 5912-5949 and 5992-5999, excluding used merchandise stores, fireworks, gravestones, tombstones and monuments, ice dealers, sales barns, and swimming pools; retail) 21-22. Paint/Glass and Wallpaper (Group 5231) 2z2-23. Personal Services (Groups 7215, excluding self-service or coin laundries, 7221-7251, 7291 and 7299, including only clothing rental, costume rental, tanning salons and hair services) 23-24. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices (Groups 6712-6799); Attorneys (Group 8111) 24-25. Physical Fitness Facilities (Group 7991) 2 26. Retail Bakeries (Group 5461) 26-.27. Security and Commodity Brokers (Groups 6211-6289) 2-7-.28. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses Words stpuek ihpce� are deleted, words underlined are added. PL20190002850 CPUD Amendment 4-3 September 16, 2021 Packet Pg. 231 3.B.f The following medical related uses must be located within 1 /4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.], 3.3.13.2, 4.3.13.1 and 4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank Road. 2. Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store allowed. 3. Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.13.1 and 4.3.B.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 4. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-8099) 5. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C, Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district, including indoor and outdoor recreational facilities, including but not limited to physical fitness facilities, playfields and fitness trails on areas not designated IC or B on the PUD Master Plan, Stadiums shall be prohibited. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40%) of the gross floor area of the permitted principal use. 3. Parking structure supporting dwelling units ma be constructed on Tract 9. D. Operational Requirements for Group Housing Group housing uses described in Section 4.2.13.1 shall provide the following services and/or be subject to the following operational standards: Words smuek fhfwftgh are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-4 September 16, 2021 Packet Pg. 232 3.B.f 1. The facility shall be for residents 55 years of age and older. 2. There shall be on -site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on -site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off -site events as well as planning for lectures, movies, music and other entertainment for the residents at the on -site clubhouse. 5. A wellness center shall be provided on -site. Exercise and other fitness programs shall be provided for the residents. G. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 4.4 DEVELOPMENT STANDARDS 1. Non -Residential A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, lmmokalee and Goodlette-Frank Roads: Fifty feet (50') 2. Front Yard, Internal Roads: Thirty feet (30% except for parking structures located on Tract 9 which shall be allowed to have a fifteen foot 15' setback. 3. Side Yard; Ten feet (I 0' ) Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement Wordsstruek throiTh are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-5 September 16, 2021 Packet Pg. 233 3.B.f 4. Waterfront: Zero feet (0') to bulkhead or rip -rap at top of bank, otherwise twenty feet (20') 5. Rear Yard: Twenty-five feet (25') 5. Minimum Building Setback from Perimeter Boundary of PUD for Properties West of Goodlette-Frank Road: a) Fifty feet (50') for buildings up to thirty five feet (35') in height. b) Three additional feet (3') for every one foot of building height over thirty five feet (35') adjoining residential districts. 7. For Properties East of Goodlette-Frank Road: Minimum Building Setback from Perimeter Boundary of PUD and from Public Roadways: a) lmmokalee Road: Minimum of fifty feet (50') plus for any portion of a building exceeding a zoned height of fifty feet (50'), that portion of the building shall have its building setback increased at a 1:3 ratio (i.e. one (1') vertical foot of height for every three (3') horizontal feet); or For any portion of a hotel that may be constructed on the B designated tract at the southeast corner of Goodlette-Frank Road and lmmokalee Road, a minimum three hundred fifty foot (350') building setback from lmmokalee Road. b) Goodlette-Frank Road: Minimum of fifty feet (50') and for any portion of a building exceeding a zoned height of fifty feet (50% that portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (1') verticaI foot of height for every two (2') horizontal feet); or For any portion of a hotel on the B designated tract on the southeast corner of lmmokalee Road and Goodlette-Frank Road, the minimum setback from Goodlette-Frank Road shall be seventy-five (75') regardless of height. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road, three stories over parking to a maximum of fifty feet (50') except that no structure shall be greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage Easement. For Properties East of Goodlette-Frank Road: Words:qtpuek MFeugh are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-$ September 16, 2021 Packet Pg. 234 3.B.f a) The group housing for the elderly and intermediate care facilities constructed on the B designated tract located at the southeast quadrant of the Goodlette-Frank Road and Immokalee Road intersection shall have a zoned height of sixty feet (60') and an actual height of seventy feet (70'), except that a hotel building or structure associated with this use may not exceed a zoned height of seventy five feet (75') and an actual height of eighty five (85'). All other uses on Tract 9 on the Master Plan shall be permitted to have a zoned height of seventy five feet (75') and an actual height of eighty five (85') b) The group housing for the elderly and intermediate care facilities constructed on the easternmost B designated tract adjacent to Immokalee Road, as shown on the Master Plan, shall have a zoned height of sixty feet (60') and an actual height of seventy feet (70'). c) All other uses permitted pursuant to Section IV shall be limited to maximum zoned height of fifty (50') and an actual height of sixty (60'). E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects, except buildings located on the southern portion of Tract 3. Buildings located in the southern portion of Tract 3 as labeled on the Master Plan shall be subject to the deviation process in Section 5.05.08 of the LDC (see Section 4.5.3, Development Deviations, of this PUD Ordinance). F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, waII or landscaped screen shall be opaque in design. 2. Residential PRINCIPAL STRUCTURES MULTI -FAMILY Minimum Lot Area I acre Minimum Lot Width N.A. Minimum Lot De th N.A. Minimum Front Yard Setback Good]ette-Frank Road 50 feet 1 Minimum Side Yard Setback 10 feet Minimum Rear Yard Setback 10 Feet Minimum from Creekside Blvd. E. 2 4 30 feet Minimum Lake Maintenance Easement Setback 0 feet Minimum PUD Boundary Setback 50 feet Words are deleted; wards underlined are added. PL20190002850 CPUD Amendment 4-7 September 16, 2021 Packet Pg. 235 3.B.f Maximum Building Height Zoned Actual 95 feet 100 feet Minimum Distance Between Buildings 20 feet Floor Area Min, S.F.per unit 550 s.f. ACCESSORY STRUCTURES Minimum Front Yard Setback Goodlette-Frank Roq&U 50 feet Minimum Side Yard Setback 5 feet Minimum Rear Yard Setback 10 feet Minimum from Creekside Blvd. E. 15 feet L2X41 Minimum PUD Boundaly Setback 15 feet Minimum Distance Between Btildin s 0110 feet Maximum Height (3) Zoned Actual 20 feet 25 feet 1 For any portion of a building exceeding a zoned height of fifty feet 50' that portion of the building shall have the setback increased at a 1:2 ratio 6.e. one tD horizontal foot setback for every two (2') vertical feet of height 2 There shall be no required building setback from Creekside Boulevard East for a pedestrian bridge and supporting infrastructure. 3 Not M12licable to an elevated pedestrian bridge. Parking garage shall be subiect to building height taer Section 4A.D. a) above. {4} A free-standingparking garage may he constructed at fifteen feet 15' j from Creekside Boulevard East. 4.5 DEVELOPMENT DEVIATIONS Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .0 for group housing uses, including the intermediate care facility. 2. Deviation from LDC Section 5.06.04.F.3 Directory signs, which authorizes one (I ) directory sign to be located at the project entrance, to permit installation of the directory sign on Immokalee Road east of Goodlette-Frank Road, not at the project entry, but rather at a location between the project entry and Goodlette-Frank Road. 3. Deviation from LDC Section 5.05.08.G, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for specific types of buildings, to allow general office and medical office, hotel and physical fitness facilities that can be constructed on the southern portion of Tract 3 of the Master Plan to be eligible for this deviation process. Wards .trite thi- ugh are deleted; words underlined are added. PL20190002850 CPUD Amendment 4-8 September 16, 2021 Packet Pg. 236 3.B.f 4. Deviation from LDC Section 4.05.02.C.2, "Table 2.4 Table of Buffer Requirements by Land Use Classifications", which requires Residential RMF-b RMF-12 RMF-16 multifamily district/use adjacent to Commercial 3 C- 1, C-2, C-3, C-4, C-5); Business Park (BP} district/use to provide a 15' wide type `B' landsca e buffer, to allow no buffer between the proposed residential use and the -existing commercial use located to the north and a shared 15 foot wide type `B' buffer with the institutional use located to the south. 4.6 LANDSCAPE BUFFER RESTRICTIONS The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.A.2 (and B.2) are prohibited. Words to%fek ft ra4 are deleted; wards underlined are added. PL20190002850 CPUD Amendment 4-9 September 16, 2021 Packet Pg. 237 3.B.f SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses and Structures Boardwalks and nature trails (excluding asphalt paved trails). 2. Water management structures. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses, permitted in accordance with the LDC and which the Board of Zoning Appeals (BZA) or Hearing Examiner determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area, The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact locationfboundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers, and Collier County. Words o r'- fhu.,ugh are deleted; words underlined are added. PL20190002850 CPUD Amendment 5-1 July 21, 202 Packet Pg. 238 3.B.f 5.5 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments maybe made to the location of the preservations areas at the time of preliminary plat or site development plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met on -site as set forth in the Collier County LDC. Wordsstruek thtwugh are deleted; words underlined are added. PL20190002850 CPUD Amendment 5-2 July 21, 202 packet Pg. 239 )Iaed aaaauawOa apls)Iaaaa lad 60E8000ZZOZld LZtGZ) cimpe8 sjuealldcIV- 3;uauayaejJV :;uauayaejjv c 8:4ZIiOIZO 09SIA3a cm M 1rxRf BiJ 71 fR7 lafsxllan _^^� JnUINSU`J:1 Qmmavmaa maorr d r Q W O * H p Y qi ni ;i�P q�n �e s3« _ �F i II II Il II II II II Il V QF �OK gg ru �Q _ AS u uem dOL 03 C D r n a a LU cb M m a.Q. o LL s = [] I I k ? �wp 7�u "x Z Y1S= umi�j ID CREEK stvo S 0 O(y QJ J W o I z rE Co U } N k 'as , 11S3Z000`J OYOl1 � 12 WIe tea+ �� F E _- s r �REEKSIAE BiREE - _ 7- 1Mi1wos lfl YUO 1rM y�y E CREEKSSdE TR. € �1] � nm• � � c JI a 3� P=C ----J mac, Ili Om u�- a o" l0 F- --- ❑ z O ARTHRE]( 6>7U�1 EVA�RP ! l 1 oe a Ved OW8111ua03 OWS188JO Md 60£8000ZZOZ-1d : LZVGZ) dnM3ee s+;ueoilddd - 31u8wt43e1;d :;u8wt43e;;b U H ON V� e iilwra '"" +uulNNi�+9 YARI P]NPltMQ] 9dl[�i1P1FJ •� •••�••• -" • m u rrr� mQRC�L CRlS[I o wU$. YL5}��D U �s s ZY ygjg6 j43 0 i� Hr ❑ 7 Rz "2 u xNdn� ��la7aooa Q z V + Q Q Q Q Q W ww m N fi �s to pi00'r C ¢M N .-1 C 1 -! CO Q1 f� N v m Q .--1 W Li O N �Li Q fJ W II II ]I II I1 II li V cy� II H U LL ��pLL o0 m R� g� en oa7 �uyi wxy 0 N 00to ? try c o- E Q - s ��, ►c 4a V W W _ z� a-0i H raa a0� I I I I j[ ao 'mom jG\31� Ya F, U riIL Mu ism Cal nN CCREEK5SOE STREET'- _ a uw W R . 7.1 rlTti- lyY 7 !fl6 7N4�'"'_' - 1�L- R _1 F v p Q N m a ry o E CREE![SIDE TR. 0. w E +n 2 c , V L]2o a-R� Q� - —� fill y eN U Fri INN gran I O , ARTHREX BOLILEVARO a P EXHIBIT B1 CROSS SECTIONS (ENLARGED) WTERHAL PARCEL PARKING STREET LIOHT .—__ ... HEDGE CANOPY TREE CAMOPY TREE I PARCEL ENTRANCE MOML)I�MT /- :93DIWALK z.LAM I LWL s+pt- x�sx 24' €PAWI I 54 M(TERMAL PARCEL PAWNG HMDOE CANOPY TREE PARCEL FA I ANCE II)NUWKT WAJK wK■ M' +on B TYPICAL STREET CRCs SECTION Krs MNTERNAL PARCIFL PARKNO MEOGE CANOPY TREE PARCEL ENTRANCE MONUMENT S' 1 x' l4• I t Y [ 5 L u. w� uvF u�E 5 sa � n 6+' INTERNAL PARCEL PARKMIG r—sTMMT LIGHT /—CANOPY TREE SMWALK t HEDGE r IITRAMAL PARM I -PARKING STREET LIGHT CANOPY TREE HEDGE INTERNAL PARCEL. PAMKIHO 3.B.f CROSS SECTION ILT.S Packet Pg. 242 Magid aaaauawOO apis)iaOJO Md 6000000ZZOZld : LZVSZ) do)lae8 s,;ueailddV - 3;uauay3e;jV :;uauayae;jV w m M 3.B.f FLORIDA DEPARTMENT Of STATE RON DESANTIS Governor November 3. 2021 Ms. Martha S. Vergara. Board Minutes & Records Dept. Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E. Suite #401 Naples, Florida 34112 Dear Ms. Vergara: LAUREL M. LEE 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. 2021-35, which was filed in this office on November 3. 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building . 500 South Bronough Street ■ Tallahassee, Florida 32399-0250 Telephone: (8501 245-6270 Packet Pg. 244 3.B.f HEX NO. 2022-09 HEARING EXAMINER DECISION DATE OF HEARING. INSTR 6225844 OR 6104 PG 195 February 24 2022 RECORDED 3/28/2022 12:28 PM PAGES 10 x'Y CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA PETITION. REC $86.50 Petition No. PL20210002390 - Request for an insubstantial change to the Creekside Commerce Park Commercial Planned Unit Development (CPUD) by requesting a modification to a deviation to allow Tract 7 to qualify for an alternative architectural compliance process. The subject site is 5.25 :� acres located at 1335 Innovation Blvd in Section 27, Township 48 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner is now proposing the following changes: 1) to include Tract 7 in the deviation section 3.5.2 of the existing PUD, to allow buildings in Tract 7 to seek the alternative architectural design process; and 2) to include a PUD monitoring note. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance withal] County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. 5. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the public hearing. G. The Neighborhood Information Meeting (NIM) was held on November 9, 2021, at Arthrex 1, Arthrex Way, Naples, Florida. There were three attendees, one in -person and two via zoom. Page 1 of 6 Packet Pg. 245 3.B.f 7. There is a concurrent application. PL20210001970, Site Development Plan Amendment for Arthrex Studio X. 8. The County's Land Development Code Sections 10.02.13.E.1 and 10.02.13.E.2 lists the criteria for an insubstantial change to an approved PUD Ordinance. The Hearing Examiner having the authority of the Planning Commission may approve a request for an insubstantial change to an approved PUD ordinance upon review and evaluation of the criteria in the Collier County Land Development Code.' Section 10.02.13.E.I Criteria: 1. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? The record evidence and testimony from the public hearing reflects that there is no proposed change in the boundary of the PUD. 2. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? The record evidence and testimony from the public hearing reflects that there is no proposed increase in the number of dwelling units or intensity of land use, or height of buildings within the development. 3. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? The record evidence and testimony from the public hearing reflects that there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. 4. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? The record evidence and testimony.from the public hearing reflects that the requests do not impact the size of non-residential areas or propose to relocate such areas within the PUD boundary. 5. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? 1 The Hearing Examiner's findings are italicized. Page 2 of 6 Packet Pg. 246 3.B.f The record evidence and testimony from the public hearing reflects that there are no substantial impacts resulting from this amendment. 6. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The record evidence and testimony from the public hearing reflects that the proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. 7. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? The record evidence and testimony from the public hearing reflects that the proposed changes will not impact or increase stormwater retention or increase stormwater discharge, 8. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? The record evidence and testimony from the public hearing reflects that there will be no incompatible relationships with abutting land uses. 9. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? The record evidence and testimony from the public hearing reflects that the proposed changes to the PUD Document are consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Transportation planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. 10. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S.. and any changes to a DRIIPUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Page 3of6 Packet Pg. 247 3.B.f The record evidence and testimony,from the public hearing reflects that due to the Iimited nature of this request, a determination and public hearing under F.S. 380.06(19) will not be required. 11. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02,13 E.? The record evidence and testimony from the public hearing reflects that based on the analysis provided above, the proposed change is not deemed to be substantial. Section 10.02.13.E.2 Criteria: 1. Does this petition change the analysis of the findings and criteria used for the original application? The record evidence and testimony from the public hearing reflects that the proposed changes do not affect the original analysis and findings from the latest PIIDA. Deviation: Proposed Deviation #2 (Revised Deviation in Section 3.5. 2. applies to I/C District only; see underlined text below for added language to the original deviation) Deviation #2 seeks relief from LDC Section 5.05.08, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for specific types of buildings, to allow general office and medical office, hotel and physical fitness facilities that can be constructed on Tracts 5, and 6, and 7 of the Master Plan to be eligible for this deviation process. Petitioner's Justification: This deviation was previously approved by Ordinance 2016-32 and amended by Ordinance 2018- 19 to include Tract 6. All properties in 11C Tracts 5, 6 and 7 are owned by Arthrex and providing for the alternative architectural compliance process will allow for common building design elements for buildings comprising the Arthrex campus. The record evidence and testimony, from the public hearing reflects that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13, B.5. h, the petitioner has demonstrated that the deviation is 'Justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. " Page 4 of 6 Packet Pg. 248 3.B.f ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Sections 10.02.I3.E.I and 10.02.13.E.2 of the Land Development Code to approve Petition. DECISION - The Hearing Examiner hereby APPROVES Petition Number PDI-PL20210002390, filed by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. representing RES Florida 1370 Holdings, LLC, with respect to the property in the Creekside Commerce Park Commercial Planned Unit Development (CPUD) Ordinance No. 06-50, as amended, and described as the property consisting of 5.257E acres located south of Immokalee Road west of Goodlette-Frank Road in Sections 27, Township 48 South, Range 25 East, Collier County, Florida: ■ An insubstantial change to o Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD) to modify a previously approved deviation to allow to Tract 7 to qualify for alternative architectural compliance process. Said changes are fully described in the revised PUD document attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Revised PUD Document LEGAL DESCRIPTION. See Ordinance No. 06-50, as amended, and described as the property consisting of 5.257E acres located south of ImmokaIee Road west of Goodlette-Frank Road in Sections 27, Township 48 South, Range 25 East, Collier County, Florida CONDITIONS. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Page 5 of 6 Packet Pg. 249 3.B.f APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AN❑ RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. March 25. 2022 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 6 of 6 Packet Pg. 250 3.B.f EXHIBIT "A" Packet Pg. 251 3.B.f GradyMinor Exhibit 1 PUD REVISIONS: Add Section 2.23, Revise Sections 3.4 F. and 3.5 2. Creekside Commerce Park PU❑ 29331193162 (PDI) — PL20210002390 11-8-2021 0. Grady Minor & Associates, P.A. 3800 Via ❑el Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • wa-w%gradyminor.com Packet Pg. 252 3.B.f SECTION If PROJECT DEVELOPMENT *** *** *** ** *** Text break *** *** *** *** *** 2.23 PUD MONITORING One entity hereinafter the Managing Entity) shall be responsible for PUD monitoring until closeout of the PUD, and this entity shall also be responsible for satisfyinig all PUD commitments until close-out of the PUD. At the time of this CPU approval, the Managing Entity is Creekside Commerce East Inc. 2600 Golden Gate Parkway,Naples, FL 34105. Should the Managing Entity desire to transfer the m on ito ri ng and commitments to a successor e ntity, then it must provide a copy of a lef—ally binding document that needs to be approved for legal sufficiency by the CountV Attorney. After such approval, the Managing Entity will be released of its obli ations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required b the CPUD b the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. *** *** *** *** *** Text break *** *** *** *** *** Chords , are deleted; words underlined are added. PL20210002390 Creekside Commerce Park PUD /PDIj November 12, 2021 Packet Pg. 253 3.B.f SECTION III INDUSTRIAL/COMMERCE DISTRICT *** *** *** *** *** Text break *** *** *** *** *** 3.4 DEVELOPMENT STANDARDS *** *** *** *** *** Text break *** *** *** *** *** F. All I/C buildings shall meet the requirements of Section 5.05.08 of the LDC, except for buildings located on Tracts 5, aPA-6, and 7 on the Master Plan, which shall be subject to the deviation process in Section 5.05.08 of the LDC (see Section 3.5.2, Development Deviations, of this PUD Ordinance). The building located on Tract 5 shall be similar in architectural style to the conceptual building rendering in Exhibit C. *** *** *** *** *** Text break *** *** *** *** *** 3.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facilities. 2. Deviation from LDC Section 5.05.08, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for specific types of buildings, to allow general office and medical office, hotel and physical fitness facilities that can be constructed on Tracts 5. a+4-6, and 7 of the Master Plan to be eligible for this deviation process. 3. Deviation from LDC Section 4.06.02.C.4., Type D Buffer, which requires a 10' wide Type D buffer adjacent to rights of way, with trees spaced no more than 30' on center, to permit the existing street trees planted along the west side of Creekside Street to satisfy the minimum Type D buffer tree requirement of the eastern boundary of Tract 5. a Words are deleted,- tivords underlined are added. PL20210002390 Creekside Commerce Park PUD (PDI) November 12, 2021 Packet Pg. 254 v��Wn.a��A.,.ww,.,,.��R,soa�o„,�d.,e�,„da.�ryr�,d.W.w,w. 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O L N J N Q U Q 'f) w D a � z w w< H LLJ � N vOi vOi -O Z5 27 Y O O L X_ m ~ O Z z Q Q fn LL w n w U ar- D H m C2 J a- d O I— J apz w x 0 I ti my wo _—�o mamHg ywr_ �wrwii s UHyU a�a-- U�aO 'oW Wz -F g= a s; N U c CD N 6 a Y V m a 3.B.f GradyMinor Exhibit 1 PUD REVISIONS: Revise Sections 4.4 E. and 4.5 3. Creekside Commerce Park PUD (PDI) — PL20220008309 3-3-2023 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com Packet Pg. 257 3.B.f SECTION IV BUSINESS DISTRICT *** *** *** *** *** Text break *** *** *** *** *** 4.4 DEVELOPMENT STANDARDS *** *** *** *** *** Text break *** *** *** *** *** E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of LDC Section 5.05.08. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects, except buildings located on Tracts 2 and the pQFt*9R ef TFaGA 3. Buildings located iA the peFtieR fon Tracts 2 and 3 as labeled on the Master Plan shall be subject to the deviation process in Section 5.05.08 of the LDC (see Section 4.5.3, Development Deviations, of this PUD Ordinance). *** *** *** *** *** Text break *** *** *** *** *** 4.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facility. 2. Deviation from LDC Section 5.06.04.F.3 Directory signs, which authorizes one (1) directory sign to be located at the project entrance, to permit installation of the directory sign on Immokalee Road east of Goodlette-Frank Road, not at the project entry, but rather at a location between the project entry and Goodlette-Frank Road. 3. Deviation from LDC Section 5.05.08.G, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC fee spes+f;Gtypes 9f 1961ildiRgS, is allow GeRS46IGteGl on the P94*9R ef Tracts 2 and 3 of the Master Plan to be eligible for this deviation process. 4. Deviation from LDC Section 4.06.02.C.2, "Table 2.4 Table of Buffer Requirements by Land Use Classifications", which requires Residential (RMF-6, RMF-12, RMF-16) multifamily district/use adjacent to Commercial 3 (C-1, C-2, C-3, C-4, C-5); Business Park (BP) district/use to provide a 15' wide type 'B' landscape buffer, to allow no buffer between the proposed residential use and the existing commercial use located to the north and a shared 15 foot wide type 'B' buffer with the institutional use located to the south. Words ;iti-tfek Mi-oHgh are deleted, words underlined are added. PL20220008309 Creekside Commerce Park PUD (PDI) March 3, 2023 Packet Pg. 258 3.B.f Creekside Commerce Park PUD (PL20220008309) Deviation Justification 4.5 DEVELOPMENT DEVIATIONS 3. Deviation from LDC Section 5.05.08.G, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC on Tracts 2 and 3 of the Master Plan to be eligible for this deviation process. Justification: This deviation was previously approved by Ordinance 2016-32 and amended by Ordinance 2018-19 to add the southern portion of Tract 3. All properties in the B District on Tracts 2 and 3 are owned by Arthrex and providing for the alternative architectural compliance process will allow for common building design elements for buildings comprising the Arthrex campus. January 6, 2023 W GradyMinor Page 1 of 1 ACPDI-22 Deviation Justification. docx 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.com • www.gradyminor.con Packet Pg. 259 INSTR 5107238 OR 5139 PG 2109 RECORDED 4/13/2015 3:53 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $13,300.00 REC $27.00 CONS $1,900,000.00 3.B.f Prepared by and return to: Matthew L. Grabinski, Esq. Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 239-435-3535 After recording return tq: Collier Insurance A - cy' ° Attn: Brad Stockham 2600 Golden Gate Pkwy. Naples, FL 34105 239403-6869 Parcel Identification Number: 293311906$6 Consideration: $1,900,000.00 �M Documentary Stamps Tax Due Upon Recording: $13,300.00 ,°- arranty Deed THIS INDENTURE, made this 10, dp of April, 2015, by Creekside West, Inc., a Florida corporation, whose mailing address is Attention,: Blake Gable, 2600 Golden Gate Parkway, Naples, Florida 34105 ( "Grantor"), in favor of I&S lorida 1255 Holdings, LLC, a Florida limited liability company, whose mailing address is: Attention Jdhrt ,Schmieding, 1370 Creeksdie Boulevard, Naples, Florida 34108-1945 ("Grantee").., Witnesseth, that said Grantor, for and in cideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration to`sdid Gran or in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained nd sold to the said Grantee, and Grantee's successors and assigns forever, the following described land; situate, lying and being in Collier County, Florida, to-wit:�.° LOT 1, CREEKSIDE COMMERCE PARK WEST -UM ONE, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED AT PI�AT BOOK 29, PAGE 57 AND 58, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FI ORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LA Na" A PORTION OF LOT 1 OF CREEKSIDE COMMERCE PARKS UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 0 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THEz MOST NORTHWESTERLY CORNER OF LOT 1 OF CREEKSIDE COMMERCE PARK WEST - UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°48'51"E., ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 21.62 FEET; THENCE. RUN S.00011'09"W FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°4851"W FOR A DISTANCE OF 21.62 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 1; THENCE RUN N.00°11`09"E, ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. Packet Pg. 260 OR 5139 PG 2110 3.B.f And the Grantor does hereby warrant the title to said land and will defend the same against lawful claims of all persons whomsoever. The property conveyed hereby is commercial real estate and is not the homestead of either Grantor nor is it contiguous with the homestead of Grantor. SUBJECT TO rial,,estate taxes accruing subsequent to December 31, 2014; zoning, building code and other use restric ioni'inposed by governmental authority; outstanding oil, gas, and mineral interests of record, if any; and resCricjionsyand easements common to the subdivision. TOGETHER with -All the. tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. =; TO HAVE AND TO HO.LD-th6 same in fee simple forever. IN WITNESS WHEREOF, the,for has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: 1K.-dy rye Aac Print Name: 'k4 ocje'r C• S7ycxuA--t All a-1 41w� Print Name: A,x;%�o Nnu)&t( ide West, Inc., is corporation Barron Collier Management, LLC, .a Florida limited liability company ](ts: Authorized Agent By: Print N Title: Warranty Deed Page 2 of 3 Packet Pg. 261 *** OR 5139 PG 2111 *** 3.B.f State of Florida County of Collier The foreloiniz instrument was acknowledged before me this 0_ day of April, 2015, by Florida limitdd lia behalf of said [Notary Seal] �'talnq" State of FloLy rida"""40 County of Collier , the CVO of Banton Collier Management, LLC, a mpany, the Authorized Agent of Creekside West, Inc., a Florida corporation, on ra#ion, who is personally known to me or L] has produced as identification. Notary Public: Austin livid Howell Printed Name: Aodn David Npuw-(f COMAMm*N# FF120795 My Commission Expires: EXPIRES: MAY O, 201a 06hDED RU 1st FLORIPA t�STARY, LLC The foregoing instrument was ackno OocrAlO.S ta]c- , the Florida hinited liability company, the Au behalf of said corporation, who as identif [Notary S :ft°'4•., Austin David Howell �SCMR=10N# FF120795 `EXPIRES: MAY 07, 2018 "I' O W BONDED TMRU ••..,.�� 1st FLORIDA NOTARY, LLC before me this Q _ day of April, 2015, by of Barron Collier Management, LLC, a rent of Creekside West, Inc., a Florida corporation, on sonally known to me or L] has produced Warranty Deed Page 3 of 3 I� Expires:iin Packet Pg. 262 INSTR 5165538 OR 5189 PG 85 RECORDED 8/27/2015 1:05 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $23,275.00 REC $35.50 INDX $1.00 CONS $3,325,000.00 Prepared by and return to: Matthew L. Grabinski, Esq. Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 239-435-3535 After recording return to: . Collier Insurance Agy Attn: Bradley E. Stockh 2600 Golden Gate Pkwy. Naples, FL 34105 239-403-6869' Parcel Identification Number:-29338000025 Consideration: $3,325,000.00 Documentary Stamps Tax Due Upon -Receding: $23,275.00 DEED THIS INDENTURE, made this L . a`of August, 2015, by 1280 Creekside Medical, LLP, a CD M Florida limited liability partnership, whga a maaiting address is: Attention: Blake Gable, 2600 Golden o Gate Parkway, Naples, Florida 34105 ("Gra to ".`n favor of RES Florida 1284 Holdings, LLC, a Co Florida limited liability company, whose mailig ad ens is: Attention: John Schmieding, 1370 Creekside o Boulevard, Naples, Florida 34108-1945 ("Granteo' 0. Witnesseth, that said Grantor, for and in consildeotibri of the sum of Ten and 00/100 Dollars N ($10.00) and other good and valuable consideration to said G an ,or. in hand paid by said Grantee, the receipt N whereof is hereby acknowledged, has granted, bargained, nc, sold to the said Grantee, and Grantee's Q successors and assigns forever, the following described lancl,,sifuate, lying and being in Collier County, Y Florida, to -wit: Unit 1280, CREEKSIDE MEDICAL COMMERCIAL�.CQNDOMINIUM, a Condominium according to the Declaration of Condominiumtth reof, as recorded in Official Records Book 3583, Page 3731, and subsequent amendments thereto, of the Public Records of Collier County, Florida. And the Grantor does hereby warrant the title to said land and will ddend I, same against lawful claims of all persons whomsoever. SUBJECT TO real estate taxes accruing subsequent to December 3 f, 2014; zoning, building code and other use restrictions imposed by governmental authority; outstanding oil, gas, and mineral interests of record, if any; and restrictions, reservations, and easements of record. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. WARRANTY DEED PAGE 1 Packet Pg. 263 OR 5189 PG 86 3.B.f IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Print N Print Print Name: Pri ame: o v t 10Ak at Print Name:-&U-p�rxc 4r, sfVC1-u4A4 1280 CREEKSIDE MEDICAL, LLP, a Florida limited liability partnership By: Creekside West, Inc., a Florida corporation Its: General Partner By: Barron Collier Management, LLC, a Florida limited liability company Its: Authorized Agent By- Title: Printed Name: y: Title: F f Printed Name: e 4 alit i o4 Z i By: -Tho(esidences at the Mercato, Inc., Its: By: Bad Collier Management, LLC, a Floridaim4ed liability company Its: Authorised ent By: Title: _ Printed By: Title: F Printed Name: rq �[ It A /FogZ WARRANTY DEED PAGE 2 Packet Pg. 264 OR 5189 PG 87 State of Florida County of Collier The foregoing instrument was Florida limited li. General Partner c partnership, who identification. [Notary Seal] State of Florida County of Collier acknowledged before me this ZS day of August, 2015, by as of Barron Collier Management, LLC, a the Authorized Agent of Creekside West, Inc., a Florida corporation, a le Medical, LLP, a Florida limited liability partnership, on behalf of said y known to me or [__] has produced as Notary Public: Af1cm 0V111-y�—..0eZ11 •••`'pirvp'•,, Austin -David Howell Printed Name: CRMMISs10N FF120795 My Commission Expires: p�; EXPlfi $S: D MAY 07, 2018 ,�r4rpn `��•` 1st el DA„NOTARY7 LLC The foregoing instrument was acknowledge ;bE ,as Florida limited Aiability company, the Authorized Nj General Partner of 1280 Creekside Medical, LLP, a partnership, who Ms personally known to me or identification. [Notary Seal] •.••�prP�••,, Austin David Howell °`,•' COMMIssroN# FF120795 EXPIRES: MAY 07, 2018 BWDEDTHRU •n,r„��.� 1st FLORIDA NOTARY. LLC me this 1% day of August, 2015, by of Barron Collier Management, LLC, a f Creekside West, Inc., a Florida corporation, a ,a'limited liability partnership, on behalf of said Ql My Commission Expires: WARRANTY DEED PAGE Packet Pg. 265 *** OR 5189 PG 88 *** State of Florida County of Collier The foregoing instrument was acknowledged before me this day of August, 2015, by &1M Gtq�W , as COCA of Barron Collier Management, LLC, a Florida limited liability co pany, the Authorized Agent of The Residences at the Mercato, Inc., a Florida corporation, a General Partner of 1280 Cree ide Medical, LLP, a Florida limited liability partnership, on behalf of saidpaftnership, who personally known to me or [j has produced as identifPs on. [Notary Seal] `_:. Notary Public: Y, . •,. u 1r1 David Howell Printed Name: MMfS51oN# FF120795 My Commission Expires: 1'.. {�i '••+�no�`�, EXPIRES: MAY 07,201a RMIDtgqTHRU 1st.FLORtDOOTARY, LLC State of Florida County of Collier 'r The �fo`regoing instrument` was acknowledged' 1 1 /�,^��', as Florida limited iability company, the Authorize 4 corporation, a General Partner of 1280 Creeksi& A behalf of said partnership, who Xis 1 as identification. [Notary Seal] N me this 2!5- day of August, 2015, by of Barron Collier Management, LLC, a of The Residences at the Mercato, Inc., a Florida �1, LLP, a Florida limited liability partnership, on 01y known to me or [j has produce j My Cbrnrdission Expires: ;�►Rr?o'•, Austin David Howell ��-COMMISSION# FF120795 e EXPIRES: MAY 07, 2018 BONDEDTHRU ,••!''AmOO`% 1st FLORIDA NOTARY, LLC WARRANTY DEED PAGE 4 Packet Pg. 266 INSTR 5107240 OR 5139 PG 2115 RECORDED 4/13/2015 3:53 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $134,400.00 REC $27.00 CONS $19,2009000.00 3.B.f Prepared by and return to: Matthew L. Grabinski, Esq. Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 239435-3535 After recording return tU Collier Insurance A Attn: Brad Stockham 2600 Golden Gate Pkw Naples, FL 34105 239403-6869 Parcel Identification Number: 19350000029 Consideration: $19,200,000.00 N� Documentary Stamps Tax Due Up tit Rtding: $134,400.00 �arranty Deed THIS INDENTURE, made this--- owO day of April, 2015, by Creekwood of Naples, LLC, a Florida limited liability company f/k/a€.,C eckwood of Naples, LLP, a Florida limited liability partnership, whose mailing address is: Aitenttori:.Blake Gable, 2600 Golden Gate Parkway, Naples, Florida 34105 ( "Grantor"), in favor of RES41 ri�"J265 Holdings, LLC, a Florida limited liability company, whose mailing address is: AttentioJo , Schmieding, 1370 Creeksdie Boulevard, Naples, Florida 34108-1945 ("Grantee"). , Witnesseth, that said Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration to said,Granior in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained; ant spld to the said Grantee, and Grantee's successors and assigns forever, the following described land, sfttiate, lying and being in Collier County, Florida, to -wit: e t Unit 1, Creekwood Land Condominium, a Condominium according to the Declaration of Condominium thereof recorded in Official Records Book 4113 Pale 2617, of the Public Records of Collier County, Florida, and all amendments thereto jogether with its undivided share in the common elements. And the Grantor does hereby warrant the title to said land and will deafen' the same against lawful claims of all persons whomsoever. The property conveyed hereby is commercial real estate and is not the homstead of either Grantor nor is it contiguous with the homestead of Grantor. SUBJECT TO real estate taxes accruing subsequent to December 31, 2014; zoning, building code and other use restrictions imposed by governmental authority; outstanding oil, gas, and mineral interests of record, if any; and restrictions and easements common to the subdivision. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Packet Pg. 267 OR 5139 PG 2116 3.B.f TO HAVE AND TO HOLD the same in fee simple forever. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and deli Print Print Name: vered in our presence: Creekwood of Naples, LLC, a Florida limited liability company f/k/a Creekwood of Naples, LLLP, a Florida limited liability partnership Print Na e: 'RghlaceY S �ru•srj ctc,;CL, Print Name: 'otti — i State of Florida County of Collier By: Creekside West, Inc., a Florida corporation Its: Managing Member By: Barron Collier Management, LLC, a Florida limited liability company Its: Authorized Agent By: Print Name: Title: too— V.P. TE SEAL] The foregoing instrument was acknowledged before me this,; the TO of Ban Florida limited liability company, the Authorized Agent of Creekside WE Managing Member of Creekwood of Naples, LLC, a Florida limited liab Naples, LLP, a Florida Iimited liability partnership, on behalf of said known to me or" has produced as ider [Notary Seal] "�P'''•, Austin David Howell rAm, COMMISSM # FF120795 EXPIRES: MAY 07,2018 ;�aBONDED TNRU '•n,.,,a� 1st FLORIDA NOTARY, LLC Notary Public: Printed Name: My Commission Expires: Warranty Deed Page 2 of 3 day of April, 2015, by Ilier Management, LLC, a .`j a Florida corporation, the 4npany f/ J- a Creekwood of arty, 'who 14 is personally Packet Pg. 268 *** OR 5139 PG 2117 *** 3.B.f State of Florida County of Collier The foregoing instrument was acknowledged before me this 0-'�— day of April, 2015, by 1CA:& Caicrj , the 5(n*I'cx- 'VP of Barron Collier Management, LLC, a Florida liability company, the Authorized Agent of Creekside West, Inc., a Florida corporation, the Managing Member of Creekwood of Naples, LLC, a Florida limited liability company f/k/a Creekwood of Naples, LLP, a Fla id ,-limited liability partnership, on behalf of said company, who is personally known to me or [J ha produced as identification. [Notary Seal] Notary Public: �vs;ro& •, Austin David Howell Printed Name: CDMMISSION�C F120795 My Commission Expires: : EXPIRES: MAY 07, 2018 �4•�t ��ap`� BONDED THRU ''•++m`1st FLORIDA NOTAFtt, ,'. Warranty Deed Page 3 of 3 Packet Pg. 269 3.B.f Creekside Commerce Park PUD (PL20220008309) Legal Description Parcel ID:29331190686 LOT 1, CREEKSIDE COMMERCE PARK WEST-UMT' ONE, A SUBDIVISION ACCORDiNO TO THE PLAT THEREOF RECORDED AT P T BOOK 29, PAGE 57 AND 58, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND:,:.- . A PORTION OF LOT 1 OF CREEKSIDE COMMERCE PARK- SF -UNIT ONE ACCORDING TO T14E PLAT THEREOF RECORDED IN PLAT BWK 2 AT PAGES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLOMUA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT TRE MOST NORTHWESTERLY CORNER OF LOT 1 OF CREER IDE COMMERCE PARK WEST - []NIT ONE ACCORDTNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PACES 57 AND 58 OF THE PUBLIC RECORDS OF COLLIER COCFNTY, FLORIDA; THENCE RUN S.89048'51"E., ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 21.62 FEET; THENCE RUN S,001' 11' D9"W FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°48'51 "W FOR A DISTANCE OF 21.62 FEET TO A POINT OIL THE WESTERLY BOUNDARY OF SAID LOT 1; THENCE RUN N.00111 `09"E, ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. Parcel ID: 29331193227 Unit 1280, CREEKSIDE MEDICAL COMMERCIAL .,- CQNDOMINIUM, a Condominium according to the Declaration of Condominu,tl.oreof, as recorded in Official Records Book 3583, Page 3731, and subsequent amd eats thereto, of the Public Records of Collier County, Florida. Parcel ID: 29331193243 Unit 1, Creekwood Land Condominium, a Condominium according to the Declaration of Condominium thereof recorded in Official Records Book 4113; Page 2617, of the Public Records of Collier County, Florida, and all amendments thereto, together with its undivided share in the common elements. z January 1Z 2023 W GradyMinor Page 1 of 1 ACPDI-22 Legal Description. docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. 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A PA + '3{t6'E 2]0.91 O0 n 5o5lily mO Q -j I _o Y .n 11 i=LJ-UO W—ZU 0- 2aI,W 6WI--,' 20' LB.DpaI4" PLO 00 �O N5II I LZZO a i uu WNaOIz� f j I I wj� 4 �I In se9ssM.zs.oLaos wl U� mn� D d Zc?�i�i 0 I ~ mgom ~�Q�W>W ¢I In 00� O �I ml h�l �Z WUZ�� ¢--'�'""—wa W I�<QOwZNz�i .IZ'SSS M ,ZSp LOO s N�a~Jow ^ w�1cl—i� W iai �a ml J LL_ m Y m g I .9zosx M .zs.oLaa s m szt W 0o3Q j M Ya i t_ AF- O Z b� .-1o• u.E. tw" of ICI OW CEI a I ! ! C i� O W 40 .M'fS9 M ,ZSAL00 s I o Q I I I I 16 U— I _ W U00 rl gi I I I$ m LL�o o IFI aa I I U a I W � U gQY Y w w N U� ARMapp*ao TRACT 0 I81 xoata SY tm].ae N0219'STW �� 1 / CD Li m �ml II E Q it I I I g` I cac x�eee m ID199//6 u 9 g a 3.B.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220008309 Daniel Hall (print name), as Vice President (title, if applicable) of Krisdan Management Inc., as Manager of REs Florida 1255 Holdings, LLc (company, if applicable), swear or affirm under oath, that I am the (choose one) owner= applicant =contract purchaser and that: 1. I have full authority to secure the approvals) 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. We/l authorize Q. Grady Minor& Associates, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • if the applicant is a corporation, then it is usually executed by the corp. Ares. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's 'Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words "as trustee'. • in each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are tlrue��. ignatufe STATE OF FLORIDA COUNTY OF COLLIER 3, z �3 Date The oregoin instrumen was acknowleged before me by means of ]physical presence or ❑online notarization this _Zjfday of 120 23 , by (printed name of owner or qualifier) Daniel Hall Such person(s) Notary Public must check applicable box: Are personally known to me ❑ Has produced a current drivers license ❑ Has produced as identification. ,&a2J4_LA_ , fi�) _�_e � !Votary Signature: CP108-COA-001151155 REV 314l2020 •+v BARBARA BIRCH *_ Commission # HH 485407 �P= E*es August 16, 2525 �'�'o:s�.°� bonded ThntYroy Fact Irtauence 80039�7Ut8 Packet Pg. 275 3.B.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220008309 Daniel Hall (print name), as Vice President (title, If applicable) of Knsdan Management inc., as Manager of RES Florida 1265 Holdings, LLC (company, If applicable), swear or affirm under oath, that i am the (choose one) ownerQapplicant Qcontract purchaser and 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. 55. Well authorize RES Florida 1255 Holdings, 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 corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The fpregoinq i strument was acknowleged before me by means of JZphysical presence or ❑online notarization this I�Tday of 20 23 , by (printed name of owner or qualifier) Daniel Hall Such person(s) Notary Public must check applicable box: Are personally known to me Has produced a current drivers license M Has produced as identification. Notary Signature: �T_F'J— CP108-COA-001151155 REV 3/4/2020 BARBW UCN Cmniis*n II HH 16%07 r; 3 Expires August 16, 2025 . OF iLPP• Bonded ThN Troy l:aln insurenrs 800-385IU19 Packet Pg. 276 3.B.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S)PL20220006309 1 Daniel Hall (print name), as vice President (title, If applicable) of Krisdan Management Inc., as Manager of RES Florida 1264 Holdings, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant=contract purchaser=and that: 1. I have full authority to secure the approvals) 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. J. Weil authorize RES Florida 1255 Holdings, LLC to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the core. pres, or v. pres. • If the applicant is a Limited Liability Company (L,L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, fiat determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature STATE OF FLORIDA COUNTY OF COLLIER Date The foregoin instrument was acknowleged before me by means of =physical presence or ❑online notarization this atk day of P 20 29 , by (printed name of owner or qualifier) Caniel Hall Such person(s) Notary Public must check applicable box: Are personally known to me ❑ Has produced a current drivers license ❑ Has produced Q�J ( as identification, Notary Signature: 7 /.fi�i�hl/�.c � (1.f CP108-COA-001151155 REV 3/4/2020 g7HK WWI gust ifi,2425edTlNuTtoyFeialn5ursttce�+T4119 Packet Pg. 277 3.B.f UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF KRISDAN MANAGEMENT, INC. IN LIEU OF SPECIAL MEETING The undersigned, being all of the members of the Board of Directors of KrisDan Management, Inc., a Delaware corporation (the "Corporation"), acting in lieu of a special meeting in accordance with Section 141(f) of the Delaware General Corporation Law, do hereby consent to, approve and adopt the following resolutions and waive all notice thereto: RESOLVED, that Daniel Hall is hereby elected as Vice -President of the Corporation for a term expiring on the date of the next annual meeting of the Board of Directors, or, if earlier, his death, resignation or removal; provided, however that he shall continue to serve until his successor is elected. The actions taken by this Unanimous Written Consent shall have the same force and effect as if taken by the undersigned at a regular meeting of the Board of Directors of the Corporation duly called and constituted pursuant to the laws of the State of Delaware. IN WITNESS WHEREOF, the undersigned, being all of the members of the Board of Directors of the Corporation, have executed this Unanimous Written Consent as of the 31st day of May, 2017. r1a = P,,. n c i'miedin 136027091.1 Packet Pg. 278 3.B.f 2021 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# F14000001698 Entity Name: KRISDAN MANAGEMENT, INC. Current Principal Place of Business: 1265 CREEKSIDE PARKWAY SUITE 210 NAPLES, FL 34108 Current Mailing Address: 1265 CREEKSIDE PARKWAY SUITE 210 NAPLES, FL 34108 US FEI Number: 46-1626094 Name and Address of Current Registered Agent: HALL, DANIEL ASST TREASURER & VP 1265 CREEKSIDE PARKWAY SUITE 210 NAPLES, FL 34108 US FILED Jan 11, 2021 Secretary of State 5732565942CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: DANIEL HALL 01/11/2021 Electronic Signature of Registered Agent Date Officer/Director Detail : Title CHAIRMAN, PRESIDENT Name SCHMIEDING, REINHOLD D Address 1370 CREEKSIDE BLVD. City -State -Zip: NAPLES FL 34108 Title ASST. TREASURER Name ORBEA, ZEIDA Address 1265 CREEKSIDE PARKWAY SUITE 210 City -State -Zip: NAPLES FL 34108 Title ASST. TREASURER, VP Name HALL, DANIEL Address 1265 CREEKSIDE PARKWAY SUITE 210 City -State -Zip: NAPLES FL 34108 Title VP Name SCHMIEDING, ERIKA Address 1370 CREEKSIDE BLVD City -State -Zip: NAPLES FL 34108 I hereby certify that the information indicated on this report or supplemental mportis true and accurate and that my electronic signature shaft have the same legal effect as if made under oath; that f am an ofricerordirector of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes, and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: DANIEL HALL VICE PRESIDENT 01/11/2021 Electronic Signature of Signing Officer/Director Detail Date Packet Pg. 279 3.B.f colver County Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 29331190686, 29331193227 and 29331193243 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] S27/T48/R25 STREET ADDRESS(ES) where applicable, if already assigned. 1255 Creekside Pkwy, 1284 Innovation Drive and 1265 Creekside Pkwy PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your submittal. *PETITION TYPE (choose from the drop -down list below). A unique checklist must be created for each application. PDI (Planned Unit Development Insubstantial Change) CURRENT PROJECT NAME Creekside Commerce Park PUD PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Addressing Checklist (Rev 9/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www. col I ie rco u ntyfl. qov Packet Pg. 280 Collier County Property Appraiser Property Aerial Site 1255 Site Zone Parcel No 29331190686 Address CREEKSIDE Site City NAPLES *Note 3411 *Disclaimer PKWY Open GIS in a New Window with More Features. Packet Pg. 281 Collier County Property Appraiser Property Aerial Site 1284 1 Site Zone Parcel No 29331193227 Address INNO ATION Site City NAPLES *Note 3411 *Disclaimer DR Open GIS in a New Window with More Features. Packet Pg. 282 Collier County Property Appraiser Property Aerial AC Site 1265 Site Zone Parcel No 29331193243 Address CREEKSIDE Site City NAPLES *Note 3411 *Disclaimer PKWY Open GIS in a New Window with More Features. Packet Pg. 283 3.B.f Coder County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov ww.coll iercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership N.A. b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership RES Florida 1255 Holdings, LLC, 1370 Creekside Blvd., Naples FL 34108 100 Krisdan Management, Inc. — Manager (100%) Reinhold D. Schmieding, Chairman/President (100%) Daniel Hall, Asst. Treasurer/VP Erika Schmieding, VP Zeida Orbea, Asst. Treasurer RES Florida 1284 Holdings, LLC, 1370 Creekside Blvd., Naples FL 34108 100 Krisdan Management, Inc. — Manager (100%) Reinhold D. Schmieding, Chairman/President (100%) Daniel Hall, Asst. Treasurer/VP Erika Schmieding, VP Zeida Orbea, Asst. Treasurer 01/2023 Page 1 of 3 Packet Pg. 284 3.B.f Coder County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov ww.coll iercountyfl.gov RES Florida 1265 Holdings, LLC, 1370 Creekside Blvd., Naples FL 34108 100 Krisdan Management, Inc. — Manager (100%) Reinhold D. Schmieding, Chairman/President (100%) Daniel Hall, Asst. Treasurer/VP Erika Schmieding, VP Zeida Orbea, Asst. Treasurer C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the ercentage of interest: Name and Address % of Ownership N.A. d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership N.A. e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, includingthe officers, stockholders, beneficiaries, orpartners: Name and Address % of Ownership N.A. Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, ortrust: Name and Address N.A. 01/2023 Page 2 of 3 Packet Pg. 285 Coder County 3.B.f g Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov ww.coll iercountyfl.gov Date subject property acquired 2015 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: 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, 1 attest that all of the information indicated on this checklist is included in this submittal package. 1 understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, ail required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvpc>rtal.collierc:ouiityfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov "-D. b-y- 11� Agent/Owner Signature D. Wayne Arnold, AICP Agent/Owner Name (please print) March 3, 2023 Date 01/2023 Page 3 of 3 Packet Pg. 286 Creekside Commerce Park PUD Location Map 3.B.f W E s �►pad Mino rivriEngineers - Land eyors►PI n",m m und3capeNchStect 560 280 0 560 Feet Packet Pg. 287 3.B.f Neighborhood Information Meeting Affidavit of Compliance 1 hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, 1 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 a part of this Affidavit of Compliance (Si newspaper advertisement which are hereby made Applicant) STATE OF FLORIDA, COUNTY OF COLLIER Q. The foregoing instrument was acknowledged before me by means of ❑,I physical presence or ❑online registration Y this 97 day of March 20 23 by Sharon Umpenhour who is personally known to me m or ❑has produced as identification. rn M ' Signature of Notary Public. Q ;. CARIN J. DWYER 1- My COMMISSION # GG 982367 Carin J. Dwyer w EXPtRIrS: May 14, 2024 Print Name of Notary Public c Bonded ThfiU Notary Public Unoerwriters N E t V cC r r Q C d E t V r.+ Q Packet Pg. 288 GradyMinor 3.B.f Civil Engineers • [.and Surveyors • Planners • Landscape Architects NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20220008309 — Creekside Commerce Park PUD (PDI) In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, with Q. Grady Minor and Associates, P.A. (GradyMinor), representing Res Florida 1255 Holdings, LLC (Applicant) will be held April 4, 2023, 5:30 pm at Arthrex (1 Arthrex Way, Naples, FL 34108). Res Florida 1255 Holdings, LLC has submitted a formal application to Collier County seeking approval of an Insubstantial Change to a PUD (PDI). The PDI proposes to modify the PUD Ordinance to allow Tract 2 and 3 on the PUD Master Plan to qualify for the alternative architectural compliance process as was previously approved for other buildings on the Arthrex Campus. The Creekside Commerce Park PUD is comprised of 106± acres, located on the southwest and southeast quadrant of Immokalee Road and Goodlette-Frank Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida. �m SUBJEGT � Crosspointe DR q PROPERTY 4' �0 h Immokalee RD JIL m _Gre'eksidePKWY �� ° GRADYMINOR.COM/PLANNING m o a d m m g C .0 o ■ f 'O j Lp� e H,,f�rdgS BNG a x ; --1 Legend C -TRACTS 2AND3 to AND RSr' _ CTUD BOUNDARY " E SC 5 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 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. Q. Grady Minor & Associates, P.A. 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Wayne Arnold, AICP, with Grady Minor and Associates, P.A. (GradyMinor), represent Res Florida 1255 Holdings, LLC (Applicant) will be held Al 4, 2023, 5:30 pm at Arthrex (1 Arthrex Way, Naples, 34108). Res Florida 1255 Holdings, LLC has submitted a forr application to Collier County seeking approval of Insubstantial Change to a PUD (PDI). The PDI propo: to modify the PUD Ordinance to allow Tract 2 and 3 on PUD Master Plan to qualify for the alternative architectL compliance process as was previously approved for of buildings on the Arthrex Campus. The Creekside Commerce Park PUD is comprised of 1( acres, located on the southwest and southeast quadrant Immokalee Road and Goodlette-Frank Road in Section Township 48 South, Range 25 East, Collier County, Florid Grasspainte D8 �� r1� J m L SUBJECT PROPERTY Immakalee RD F. Creekside PKWY CL � 3 Y o 1 47 JAL s m a ro I N Y Z y s1 w t i+ N 2 y ,Q Legend E h+p f t TRACTS 2AN0I KO BOUnDARY Q If you have questions, please contact Sharon Umpenh, with GradyMinor by email: sum pen hour@gradyminor.c or phone: 239-947-1144. For project information go Q gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. packet pg. 2s2 informational meeting, not a public hearing. 3.B.f PL20220008309 — Creekside Commerce Park PUD (PDI) April 4, 2023, NIM The Neighborhood Information Meeting was advertised and scheduled for Tuesday, April 4, 2023, 5:30 pm at Arthrex (1 Arthrex Way, Naples, FL 34108). No members of the public were present or participating remotely therefore the meeting was not held. Page 1 of 1 Packet Pg. 293 3.B.f (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 AUTHOPdTY, PERSONALLY SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS COUNTY LAND DEVELOPMENT CODE ON THE PL20220008309 Creekside Comnterce Pa D PD11. I �� i�,V SIGNATURE OF APPLICANTOR AGENT Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER APPEARED SHARON UMPENHOUR WHO ON OATH REQUIRED BY SECTION 10.03.00 OF THE COLLIER PARCEL COVERED IN PETITION NUMSER(S) 3900 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 this 27 day of April , 2023, by Sharon Um enhour as Senior P Technician for 0. Grady Minor & AssociateP.A., personally known to me er whe- and who 44�did not take oath. —as ide"11fie .f MARTINEZ Sign at a of Notary Pu lie NMI ION # Gc 347454 June 23, 2023ry Public Underwriters r Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Packet Pg. 294 3.B.f Arihw PUBLIC HEARING NOTICE CREEKSIDE COMMERCE PARK PLID INSUBSTANTIAL CHANGE PETITION NO, PL20220008309 HEX: MAY 25, 2023 - 9:00 A.M. GMCONFERENCE ROOM 6091610, 2800 HORSESHOE ❑R. N-, NAPLES, FL 34104 JOHN KELLY: 239-252-5719 ry..�""';:.'�'R•w,?.�r.;�'".s•'+�,y�^r"J�fs(•<: .. �^,;Isp:-:r�:--z^rsa.:-Tr.r.•,...-.- I'. fP rN: J��s��ffi6�"�iiNk�:'�ISX�..:4 '•.y' T �� _ ('Illlllllllltl PUBLIC HEARING NOTICE CREEKSIDE COMMERCE PARK PUD INSUBSTANTIAL CHANGE PETITION NO. PL20220008309 HEX: MAY 25, 2023 . 9:00 A.M. GM CONFERENCE ROOM 6091610, 2800 HORSESHOE DR" N., NAPLES, FL 34104 JOHN KELLY: 239-252-5719 a Packet Pg. 295