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CCPC Agenda 06/01/2023COLLIER COUNTY Collier County Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 June 1, 2023 9: 00 AM Edwin Fryer- Chairman Joseph Schmitt, Environmental - Vice -Chair Paul Shea, Environmental - Secretary Christopher Vernon Robert Klucik, Jr. Randy Sparrazza Chuck Schumacher Amy Lockhart, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Page I Printed 512512023 June 2023 1. Pledge of Allegiance 2. Roll Call by Secretary 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes A. April 20, 2023 CCPC Meeting Minutes B. May 4, 2023 CCPC Meeting Minutes BCC Report - Recaps 7. Chairman's Report 8. Consent Agenda 9. Public Hearings A. Advertised PL20220004546 - CPUD (PUDZ) Dunkin Donuts Collier Boulevard - An Ordinance rezoning property to establish the Dunkin Donuts Collier Boulevard CPUD to allow up to 10,000 square feet of C-1, C-2, and C-3 uses on 1.98E acres of property located on the west side of Collier Blvd 350E feet north of Pine Ridge Road in Section 15, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Ray Bellows, Zoning Manager] 2. PL20230002800 - Golden Gate Golf Course MPUD (PUDA) - An Ordinance amending Ordinance No. 2022-13, the Golden Gate Golf Course Mixed -Use Planned Development (MPUD) by reducing the setback and Greenway on the Public Use Tract if required by the State of Florida for the Veterans' Nursing Home, adding parking lots as a principal use on the Community Facility Tract, and revising the Master Plan. The subject property consisting of 171.E+/- acres, is located on the southwest corner of Golden Gate Parkway and Collier Boulevard in Section 27, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Ray Bellows, Zoning Manager] Collier County Planning Commission Page 2 Printed 512512023 June 2023 3. PL20220003494 - GMPA - Orange Blossom Airport Road - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element by amending the Orange Blossom/Airport Crossroads Commercial Subdistrict to increase the commercial square footage allowed on Parcel 2 from 40,000 square feet of gross leasable area to 75,000 square feet of gross leasable area of commercial uses and up to 104,000 square feet of gross leasable area of indoor self -storage including automobile storage, and incidental retail uses. The subject property is located on the west side of Airport Road North approximately 320 feet south of Orange Blossom Drive in Section 2, Township 49 South, Range 25 East, consisting of 5f acres of the 10± acres Subdistrict; and furthermore, directing Transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. [Coordinator: Kathy Eastley, AICP, Planner III] (Companion Item PUDR PL20220000533) [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Planner III] 4. PL20220000533 - Lutgert Airport Road CPUD - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Rural Agricultural (A) zoning district to the Commercial Planned Unit Development (CPUD) zoning district for a project to be known as Lutgert Airport Road CPUD, to allow up to 75,000 square feet of gross leasable area of commercial uses and up to 104,000 square feet of gross leasable area of indoor self -storage including automobile storage. The property is located on the west side of Airport Road North, approximately 320 feet south of Orange Blossom Drive in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5f acres: and providing an effective date. (Companion Item to PL20220003494 Orange Blossom/Airport Road Commercial Subdistrict) [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Planner III] 5. ***This item has been continued from the April 6, 2023, CCPC Meeting to the May 18, 2023, CCPC Meeting and further continued to the June 1, 2023, CCPC Meeting*** PL20220008172 -LDCA- NIM Rules of Decorum - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code and Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to establish the Rules of Decorum related to Neighborhood Information Meetings, by providing for Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Ten Application, Review, and Decision -Making Procedures, including Section 10.03.05 Required Methods of Providing Public Notice; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [ Coordinator: Eric Johnson, LDC Planning Manager] B. Noticed Collier County Planning Commission Page 3 Printed 512512023 June 2023 10. d Business 11. New Business A. PL20210002041 Ave Maria SRA - A Resolution of the Collier County Board of County Commissioners designating an additional 951.8E acres within the Rural Lands Stewardship Area Zoning Overlay as part of the Town of Ave Maria Stewardship Receiving Area and removing 50.6E acres, and amending Resolution Nos. 2004-89 and 2005-234A, as amended, the Town of Ave Maria Stewardship Receiving Area (SRA) to add 901 net acres to the SRA, and revise the SRA town plan and master plan in accordance with Section 4.08.07.F of the Land Development Code, and specifically to: add 520E acres at the corner of Camp Keais Road and Oil Well Road which will become town center 2b and neighborhood general, add 326E acres northwest of the existing northwestern boundary to become a university, to add 106E acres north of the existing northeast boundary to become neighborhood general, remove 50 acres on the western boundary just west of neighborhood general, provide that campus housing including up to 160 single family residences is not subject to the maximum number of residential units in the SRA, and to amend the legal description. The subject property consisting of 5,928 acres is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East, and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Planner III] 12. Public Comment 13. Adjourn Collier County Planning Commission Page 4 Printed 512512023 5.A 06/01 /2023 COLLIER COUNTY Collier County Planning Commission Item Number: 5.A Doe ID: 25576 Item Summary: April 20, 2023 CCPC Meeting Minutes May 4, 2023 CCPC Meeting Minutes Meeting Date: 06/01/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 05/18/2023 5:44 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 05/18/2023 5:44 PM Approved By: Review: Operations & Regulatory Management Diane Lynch Review Item Planning Commission Diane Lynch Review item Zoning Mike Bosi Division Director Growth Management and Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Skipped 05/18/2023 5:44 PM Completed 05/18/2023 5:44 PM Completed 05/19/2023 7:49 AM GMD Deputy Dept Head Completed 05/22/2023 9:29 AM 06/01 /2023 9:00 AM Packet Pg. 5 5.A.a April 20, 2023 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, April 20, 2023 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Edwin Fryer, Chairman 2 Robert L. Klucik, Jr. c Paul Shea a Chuck Schumacher Christopher T. Vernon Amy Lockhart, Collier County School Board Representative Ln Ln N. ABSENT: Joe Schmitt, Vice Chair Randy Sparrazza ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Director Heidi Ashton-Cicko, Managing Assistant County Attorney Derek Perry, County Attorney's Office Page 1 of 29 Packet Pg. 6 5.A.a April 20, 2023 PROCEEDINGS MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. The April 20, 2023, meeting of the Collier County Planning Commission will come to order. Everyone please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FRYER: Mr. Secretary, would you please call the role. COMMISSIONER SHEA: Commissioner [sic] Lockhart? MS. LOCKHART: Here. COMMISSIONER SHEA: Here. Commissioner Schumacher? COMMISSIONER SCHUMACHER: Here. COMMISSIONER SHEA: Commissioner Sparrazza is not here. w d Commissioner Klucik? c COMMISSIONER KLUCIK: Present. COMMISSIONER VERNON: I challenge that. COMMISSIONER SHEA: You saw that? COMMISSIONER VERNON: That guy's -- Klucik's got this big Abe Lincoln beard. So who are you? COMMISSIONER SHEA: Commissioner Vernon? co , COMMISSIONER VERNON: Here. N COMMISSIONER SHEA: Commissioner Shea is here. Commissioner Schmitt is not here. W And, Chairman Fryer? CHAIRMAN FRYER: Here. COMMISSIONER SHEA: So we have a quorum, sir. CHAIRMAN FRYER: Thank you very much, Mr. Secretary. Quorum of five. Addenda to the agenda; I'll start this, Mr. Bellows, and then ask you to fill in any blanks that I miss on. But due to a defective notice situation -- it was really -- certainly not the fault of the applicant. Sometimes these things just happen --we're unable to hear the first two matters, the Shamrock matters, this morning. And since the notice itself was defective, we don't -- according to the County Attorney, and I agree with her, we really don't even have the option to hear speakers like we would if there were not a fundamental defect in the reason why we can't hear this matter. So we don't have the liberty to even ask the speakers if they wanted to choose between speaking today or speaking on the day when we continue this matter to. So with our apologies, we'll have to excuse the speakers -- the members in the audience who wish to speak. Of course, they're welcome to stay, but I can't imagine they would want to. But in any event, having said that -- and it's my understanding that the -- having talked to the applicant's counsel on this, that the appropriate date to continue this to would be our second meeting in May. MR. BOSI: May 18th. CHAIRMAN FRYER: May 18th. So we'd be continuing to a date certain, and that would be May 18. May I have a motion to that effect, please. MS. ASHTON-CICKO: And the matter will be readvertised, just for the record. CHAIRMAN FRYER: Yes. Commissioner Vernon, did you want to be heard, sir? COMMISSIONER VERNON: Yes, if you don't mind, just so I can get a sense --since, apparently, some people did come out to speak on this issue, if we could just get a -- if you don't mind, get a show of hands. I'd like to know how much opposition there is. This would be people Page 2 of 29 Packet Pg. 7 5.A.a April 20, 2023 opposed to the one that's being continued. So we've got about a dozen people. You can't only one -- you can only vote once. CHAIRMAN FRYER: One hand. COMMISSIONER VERNON: Okay. Thank you. Thank you, Mr. Chair. CHAIRMAN FRYER: Thank you. And, again, my apologies to the members of the public. Whenever possible we give you the option to speak on the day that you first appear or when it's continued to, but now, due to the fundamental defect, we really can't even have a meeting on that today. So apologies to you, and thank you for coming in. Mr. Bellows, did I leave anything out on that? MR. BELLOWS: No, you got it all. We have no other changes. CHAIRMAN FRYER: Okay. Thank you. Planning Commission absences; our next meeting is on May 4, 2023. Does anyone know N if he or she will not be able to be here on May 4? c COMMISSIONER KLUCIK: I will not be here. CHAIRMAN FRYER: Okay. And the vice chairman will also not be here, so that will take us down to five, hoping that everybody else will be in attendance, but we'll -- COMMISSIONER SHEA: I'll be here. CHAIRMAN FRYER: Good. COMMISSIONER VERNON: I have my phone off. I'll let you know in two minutes.Ln CHAIRMAN FRYER: Okay. Good. Thank you. v Same question for May 18, which is our second May meeting. Anyone know if he or she will not be able to be in attendance for that meeting? (No response.) CHAIRMAN FRYER: Thank you. So we should be okay. Approval of minutes; we have one set today in front of us for action. Those were our meeting of March 16, 2023. Any corrections, changes, or additions to those minutes? (No response.) CHAIRMAN FRYER: If not -- Mr. Bosi? a MR. BOSI: Oh, I'm song. I did want to approach the Chair and the Commission. We v do have a request for a nighttime hearing at a future CCPC date. I don't know if you want to take M care of that now, or would you like to take that up under new business? c CHAIRMAN FRYER: We'll do it now. What -- MR. BOSI: We're proposing July 6th is -- the 15th of June is canceled because the Board of County Commissioners has a budget hearing in this -- in these chambers. So the June 15th meeting is canceled. E The next meeting is July 6th. We're going to have a number of petitions on there. We will have a start date -- or a start time that reflects what we expect the time, and then we would Q have our 5:05 meeting. It is for the East -- East Naples EZO Overlay, which is to implement the East Naples Development Plan that has design standards for auto -oriented type of uses, car washes, self -storage facilities, those type of things. It's been a long process with the community. But we need -- because it's going to place some restrictions and add some additional uses to the LDC, it requires a 5:05; it requires a night meeting. CHAIRMAN FRYER: Okay. Thank you. Planning Commission, how does July 6th look for you for a 5:05 p.m. meeting? COMMISSIONER SHEA: It's probably the only day in the whole year I couldn't do. CHAIRMAN FRYER: Oh. COMMISSIONER SHEA: I'll be on vacation. CHAIRMAN FRYER: Okay. Other planning commissioners? COMMISSIONER SCHUMACHER: I'm not sure at this point. I'll let you know. Page 3 of 29 Packet Pg. 8 5.A.a April 20, 2023 CHAIRMAN FRYER: Okay. Well, let's set it down for July 6th, and -- MR. BOSI: And I will -- we will reach back out to the Planning Commission, remind them of the July 6th night meeting and try to canvass and make sure we can -- that we -- if we do -- if we can get a quorum, and is the quorum going to be available for the July 6th and, if not, we will try to push it out to the closest date to that July -- maybe it will be July 20th if the 6th doesn't work out for everybody. CHAIRMAN FRYER: Okay. Thank you very much. We were -- we were approving minutes, and I think I'd asked for a motion. Let's do that again. Motion to approve, please. COMMISSIONER SCHUMACHER: Motion. CHAIRMAN FRYER: Is there a second? COMMISSIONER SHEA: Second. CHAIRMAN FRYER: Any further discussion? (No response.) w d CHAIRMAN FRYER: If not, all those in favor of approving the minutes of March 16 as c presented, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SCHUMACHER: Aye.Ln CHAIRMAN FRYER: Opposed? v (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you very much. BCC reports/recaps, Mr. Bellows. MR. BELLOWS: Yes. On April 1 lth, the Board of County Commissioners heard on their summary agenda the Forest Glen PUD amendment. That was approved on that agenda. CHAIRMAN FRYER: Thank you. Forest Glen, okay. So Chairman's report; none today. Consent agenda; none today. Public hearings; so we have, have we not -- we've continued Shamrock to May 18, correct? COMMISSIONER SHEA: Uh-huh. CHAIRMAN FRYER: Okay. So I already thanked members of the public. Thanks to the applicant. And we will see everyone on May 18. ***That takes us to the second items on our docket, and they also are companions, as the first items would have been. This is the P1,20210000419, Collier Boulevard Mixed -Use Commerce -- Commerce Center MPUDA, and the PL20210000150, the Golden Gate Commerce Park MPUDA. Now, these look a little different from our usual companions because they're two separate pieces of property. But it's been proposed, and I certainly recommend, that we hear them together for the following reasons: First of all, the properties are owned in common by LLCs owned by the Albercia family. Pardon me if I'm not pronouncing it correctly; the parcels are contiguous; and the applications are reciprocal and complement one another in a sense that in one place residential uses are being removed and the other lot residential uses are being added. So it seemed logical to me that we hear them together. Of course, we want to ask the presenters to be clear so that we all understand when we're talking about Golden Gate versus Collier. And when we get to the time of voting, we can either -- vote on them separately, particularly if there's going to be a different vote on them -- on each of them. COMMISSIONER KLUCIK: Mr. Chairman? Page 4 of 29 Packet Pg. 9 April 20, 2023 5.A.a CHAIRMAN FRYER: Yes, sir. Go ahead. COMMISSIONER KLUCIK: Just an administrative matter. I think all of our monitors are showing something different, so -- CHAIRMAN FRYER: Oh, all right. COMMISSIONER KLUCIK: -- which is very weird. CHAIRMAN FRYER: Can Mr. Miller or Mr. Youngblood or anybody who has the requisite skill please help us get our monitors displaying the same material. Okay. So without objection, we will -- we'll proceed along those lines. Commissioner Vernon, did you have something? COMMISSIONER VERNON: Yes, sir. I just wanted to --I didn't want to interrupt you, but I cannot be here on May 4th, so I don't think you'll have a quorum. I have a summary judgment hearing, so -- and I can be here on the 18th. CHAIRMAN FRYER: Okay. COMMISSIONER KLUCIK: Do you want to know what I'm doing on May 4th? COMMISSIONER VERNON: No. COMMISSIONER KLUCIK: I'm going to be on a silent retreat for four days. CHAIRMAN FRYER: You? COMMISSIONER KLUCIK: Yes, I know. That's the only reason I mention it. COMMISSIONER SHEA: Can you record that for us? COMMISSIONER KLUCIK: I'll live stream it just for everyone's entertainment. CHAIRMAN FRYER: Well, any bets want to be taken at this point? COMMISSIONER SHEA: How long you last? CHAIRMAN FRYER: If you only last five minutes, you can still make the meeting. COMMISSIONER KLUCIK: I'll be in Nebraska. CHAIRMAN FRYER: Okay. All right. Well, understood. Let's see. Okay. Now we're -- COMMISSIONER KLUCIK: Thank you. CHAIRMAN FRYER: Now we're having to look at ourselves, which is -- I'd rather have different screens. Okay. So let's go to all those wishing to testify in these companion matters, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Disclosures, ex parte, starting with Ms. Lockhart, please. MS. LOCKHART: Reading materials only; staff materials only. COMMISSIONER VERNON: No disclosures. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Public materials and meeting with staff. COMMISSIONER KLUCIK: Staff meeting and staff material. COMMISSIONER SCHUMACHER: Staff materials only. CHAIRMAN FRYER: Thank you. With that, applicant, you are recognized, and may have the floor. MR. DIMARIA: Thank you, Chairman. If you give me one moment just to pull up the presentation. CHAIRMAN FRYER: Okay. MR. DIMARIA: And if you bear with me. I originally intended to share these and go over these applications separately; however, I'd be happy to merge them into one and then proceed as you directed, sir. CHAIRMAN FRYER: Thank you. Don't forget to introduce yourself, and then we'd be happy to hear you. MR. DIMARIA: Absolutely. My name's Philip DiMaria. I'm a certified planner with Page 5 of 29 Packet Pg. 10 5.A.a April 20, 2023 Kimley-Horn. I have been sworn. I'm an agent for -- COMMISSIONER KLUCIK: What was the name? MR. DiMARIA: DiMaria, D-i-M-a-r-i-a. COMMISSIONER KLUCIK: Any relation to our former fire chief? MR. DiMARIA: Unfortunately, no. CHAIRMAN FRYER: Just asking. MR. DiMARIA: It's my pleasure to be here before you today, Chair, Vice Chair, Secretary, Commissioners. Once again, Philip DiMaria. And with me today is Christopher Hatton, professional engineer and traffic engineer. Both with Kimley-Horn. And we're representing Benderson Development in their LLC, New Magpond, specifically for this Collier Boulevard piece and then on the Golden Gate piece, similar ownership. They own, respectively, the two eastern portions of the PUDs, and we're here before you speaking about PUD amendments. w as r Just a brief summary of the request. These amendments are focused on the commercial c development portion of the PUD. The focus is on renaming the commercial development to a commercial mixed -use district to more accurately reflect the types of uses permitted and requested within that portion of the PUD. Along with the already permitted commercial uses, we'd like to add a multifamily use. There are no changes proposed to the residential district, and it's my understanding that you previously saw, in a prior application, maybe some modifications to the western portion of the siteLn maybe one or two hearings ago. v There are additional modifications just to update development commitment language, Land Development Code, and Growth Management Plan references, more clerical in nature, as well as to recognize the separate ownership of the residential district. Contextually, this is the location. I know you -all are familiar with it, but the northwest quadrant of the Collier Boulevard and I-75 interchange in the eastern stretches of Collier County. This is within Interchange Activity Center No. 9 and, once again, there's an existing mixed -use commercial center PUD that was originally approved in 2001 -- hard to believe it, but more than 20 years ago -- that approved residential units primarily focused on the western portion of the PUD, a and there's 433 dwelling units as well as a commercial entitlement of 240,000 square feet of retail, v 30,000 square feet of office, and 150 hotel rooms. And that's focused on the eastern portion that M we'll be discussing today. c Just a brief overview of Interchange Activity Center No. 9 and the Innovation Zone. This is a recent initiative, specifically the Innovation Zone by Collier County, publicly initiated, and we've been working closely with staff, Tim Finn and others, to recognize that economic development is a key motivator and planned sort of engine in this area. And we feel like the E modifications to the PUDs that you'll see today inform and support that urban planning, if you will. Zooming in just a bit, this is a high-energy area currently with a lot going on. The Q Paradise Coast Sports Complex, of course, and the Wolfs Lodge in that location. There's the Uline shipping supplies or distribution facility, the City Gate Commerce Park all on the eastern side of Collier Boulevard, and then on the western side there has been some development over time, specifically the schools and Noah's Landing Apartments, and now we're talking about energy moving forward south of Noah's Way, and both on -- in the Golden Gate Commerce Park and the Collier Boulevard Mixed -Use Commerce Center. The site plan itself -- and this is included within your application materials -- once again, focused on that commercial mixed -use portion, the 25.3 acres that you see to the eastern -- or the right side of your screen. We're not touching that residential 43.3 acres on the western portion. We're maintaining the preserve lands that are maintained within the PUD as well as all easements and right-of-way dedications required and requested by Collier County. Just a brief overview of the currently approved permitted uses. Everything from car Page 6 of 29 Packet Pg. 11 5.A.a April 20, 2023 dealerships to hotels and motels are already permitted within this commercial district. The addition of multifamily is consistent with sort of a transitionary use, something of higher intensity and density located at the interchange and is compatible with the existing uses. From a more historical standpoint -- and I know you -all are very familiar with this. I think early 2000s and prior we looked to separate commercial and residential uses, whereas in these times multifamily is seen as a compatible use and even a contributing use to commercial, as there's a good relationship between them. So at the heart of the request, we're asking for -- permit multifamily uses at 16 dwelling units per acre within the commercial mixed -use district. There are specific development standards for that multifamily use that match the existing commercial development standards in terms of height, bulk, architecture, et cetera, and then amending the PUD master plan to revise some of those preserve locations and to reflect them, as well as the vehicle interconnection points and buffer locations. These are those bulk standards that were discussed. So a maximum building height of N 50 feet within that commercial mixed -use portion that's already permitted within the commercial c entitlement. And as with every petition, an analysis of both compatibility with the Land Development Code as well as the Growth Management Plan is required. Your professional staff, Tim Finn and others, have highlighted that in your staff report and have done an excellent job. But these are just a few Growth Management Plan specific policies that find this consistent with the overall objectives of Collier County's long-term plan.Ln And we also like to recognize that the infrastructure improvements occurring in this area, v FDOT and Collier County, are both making large infrastructure improvements as it relates to transportation. There are FDOT planned improvements including the improvements to the W interchange with the cloverleaf that will improve access and circulation around the site and near the site. Once again, just a summary of the request: Permitting multifamily dwelling units in the commercial mixed -use district. This will support additional residential development in the Innovation Zone; there are no changes to that western residential district at this time. They're not owned by this applicant; and the PUD modifications, updated development commitment language, Land Development Code and GMP section references, and recognize that separate ownership of the residential district. This will, once again, support the flexibility for residential development within the Innovation Zone. It will provide additional housing opportunities for Collier County in an area with high access to jobs, retail, and transportation options and infrastructure, and promotes the mixed -use development in the commercial district. CHAIRMAN FRYER: I have a couple of questions or comments here, if I may interrupt you. MR. DiMARIA: Absolutely. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Thank you, Mr. Chairman. So I am wondering -- we have -- the residential tract, obviously, is to the west, if that map is oriented, and then that's staying the same -- that's where the current 436 is? MR. DiMARIA: Four hundred thirty-three, that's correct. COMMISSIONER KLUCIK: Four hundred thirty-three, okay. And so the residential that you're -- you're adding the acreage. Well, you're asking for the increase in the overall space, but my question -- I mean, you just said that you don't have current plans to change the residential because you're not the owner of it, or the applicant is not the owner of it? MR. DiMARIA: So those -- yes, sir, great question. So the 43 acres on the western side that you see un-highlighted here -- COMMISSIONER KLUCIK: Right. Page 7 of 29 Packet Pg. 12 April 20, 2023 5.A.a MR. DiMARIA: -- that is not owned by the applicant, and that has a residential entitlement of 433 units. COMMISSIONER KLUCIK: So you're asking, though, to consider the whole zone there for the density calculation? MR. DiMARIA: For the 16 units per acre, that's correct, sir. COMMISSIONER KLUCIK: Right. And then -- but down the road, then, that 836 could be anywhere? I mean, are we changing the residential tract to also be mixed -use? MR. DiMARIA: No, sir. COMMISSIONER KLUCIK: So you could only have residential on the portion that's residential now, to the west? The 43 acres to the west can only be residential if this were approved? MR. DiMARIA: Their property rights are completely maintained through this change. The -- COMMISSIONER KLUCIK: But do they have an additional right to do mixed -use, then, based on this application? MR. DiMARIA: No, sir. COMMISSIONER KLUCIK: Okay. All right. Thank you. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Are you done? MR. DiMARIA: Yes, sir, I can be. COMMISSIONER SHEA: Okay. I didn't want to cut you off. This is more feedback for me. I look at where it is in the activity center and residential, and you're just going for the density you can get without having -- looking for an affordable housing bonus where you could put more -- I'm just wondering why the developers wouldn't consider putting some affordable housing and going for a little higher density if that's -- what's the logic why you wouldn't do that? MR. DiMARIA: Absolutely. COMMISSIONER SHEA: The incentive isn't strong enough or -- MR. DiMARIA: So it's my understanding -- and this is prior to my involvement with the plan. But it's my understanding that at one point in the early 2000s and prior to the recession, there was an affordable housing sort of component to this, and a payment was made in lieu of providing affordable housing units. And I'd rely on staff, who maybe have a little bit better history, to explain that. During the recession, those pieces and portions of the affordable housing commitment were removed, and now here we are in 2023 staring in the face of potentially another recession. We've already been down that path. So at this time there's not interest in utilizing the affordable housing commitment moving forward to get the densities requested. That all being said, from a mixture of units and unit types, in this location, of course, Noah's Landing and some of the apartment units in the area do have an affordable housing component to them, so this would provide just a mixture of housing types and stray away from concentrating affordable housing in a specific area of the county. COMMISSIONER SHEA: It just seems like it's a good area to put it. MR. DiMARIA: Absolutely, sir. That's good feedback. Thank you. CHAIRMAN FRYER: Anything further, sir? MR. DiMARIA: That's all, sir. Thank you very much, sir. CHAIRMAN FRYER: I have a few questions for you. No one else is signaling at this point, so I'll go ahead and ask them. With respect to uses, permitted uses, and I'm talking now principally about the northwest parcel that was originally permitted out back, what, 20 years ago, and so a lot has certainly happened then, and among other things that have happened is there's been an interpolation of an Innovation Zone, which you mentioned, it's now part of an Innovation Zone. And its Page 8 of 29 Packet Pg. 13 5.A.a April 20, 2023 compatibility, I think, is important when viewing an Innovation Zone. So when you looked at some of these older uses that you are currently entitled to, did you view them in relation to compatibility with an Innovation Zone? I notice that you struck some out. MR. DiMARIA: That's correct. So it's a good question, and I think there's -- you know, we're -- this particular presentation that I gave is focused on the -- at that -- on that southern parcel south of Magnolia Pond Drive. We, of course, have the piece north as well that has some additional kind of strikethrough/underline language, but -- CHAIRMAN FRYER: I thought we were going to hear these together. MR. DiMARIA: Absolutely, and I just wanted to state that -- CHAIRMAN FRYER: Okay. MR. DiMARIA: -- for the record. CHAIRMAN FRYER: Okay. MR. DiMARIA: For this particular commercial mixed -use portion, though, you know, the addition of multifamily is seen as just a transitionary use, right? We have those -- those N high -traffic interchange type material roads in the area, whether it's Collier Boulevard or 1-75. c CHAIRMAN FRYER: Now I'm talking about the Golden Gate piece. MR. DiMARIA: Oh, excellent. Very good. CHAIRMAN FRYER: And so, you know, here, I call it the northwest parcel. It's -- in relation to the other one, that's where it is. And if memory serves, you're going to have, basically, a retail strip fronting on Collier and then behind it a metals fabricating operation of some kind, correct? Ln MR. DiMARIA: That's correct, sir. Ln N. CHAIRMAN FRYER: Okay. And you'll grant me that this is in an Innovation Zone? MR. DiMARIA: That's correct. W CHAIRMAN FRYER: Okay. And also that you did, I notice, act to voluntarily remove some of your entitled used, and I assumed from that that it was because -- at least in part because this is an Innovation Zone and some of those aren't particularly innovative. MR. DiMARIA: That's correct. CHAIRMAN FRYER: Correct so far? MR. DiMARIA: That's correct. CHAIRMAN FRYER: All right. Then with all of that in mind, I'd like you to consider some additional uses that were left in there. MR. DiMARIA: Okay. CHAIRMAN FRYER: And I would ask you, respectfully, to consider removing them on the grounds that they are absolutely, positively inconsistent with an Innovation Zone. And I'm not being critical of you for having left them in, but I just -- you know, we're here to modernize; we're here to provide not only for now, but for the future. This is an Innovation Zone; let's innovate. All right. Industry, 7993, coin -operated amusement devices. I can read through these, but I think you can imagine what they're all about. Do I need to read through them and you tell me whether any of these you need to retain, or can we just strike all of those? MR. DiMARIA: We'd be happy to listen to any and all feedback, sir. CHAIRMAN FRYER: Okay. Here's my feedback: Amusement devices, parlors, coin -operated amusement machines, arcades, gambling establishments, jukeboxes, mechanical games, pinball machines, slot machines, video game arcades. MR. DiMARIA: Absolutely happy to strike those, sir. CHAIRMAN FRYER: Thank you very much. Okay. So that's the sum and substance of 7993. And then let's look at 5999, which includes miscellaneous retail and calls out the following: Tombstones; auction rooms; pet shops; sales barns, whatever they are; police supply stores; engine and motor equipment supplies and parts; farm tractors and other equipment; feed Page 9 of 29 Packet Pg. 14 April 20, 2023 5.A.a supplies; artificial limbs; incontinent care products; tropical fish; toilet preparations, whatever they are; alcohol beverage making equipment; precast concrete products; and last, but not least, condoms. Any reason why we can't strike those? MR. DiMARIA: No reason, sir. Happy to strike those. CHAIRMAN FRYER: Thank you. Then 8299, which includes -- and, honestly, I don't mean to be sarcastic. And if I say one that you think you'd like to keep, we'll talk about it. MR. DiMARIA: Absolutely. CHAIRMAN FRYER: 8299, baton instruction, charm schools, hypnosis schools, survival schools, automobile driving schools, truck driving training, airline training, and bartending school. MR. DiMARIA: Happy to strike those. CHAIRMAN FRYER: Thank you. COMMISSIONER SCHUMACHER: Can we keep the driving school? That's kind of needed. No, I'm kidding. I'm kidding. COMMISSIONER KLUCIK: This is Florida. CHAIRMAN FRYER: Yeah. Well, I mean, I'm just --honestly, I would entertain any discussion on any of these either from the dais or from the applicant. I'm just right now proposing that, to me, they don't seem like they're consistent with an innovation center. Were you serious, or were you -- COMMISSIONER SCHUMACHER: No, I was kidding. CHAIRMAN FRYER: Okay. Thank you. All right. 5399 includes salvage stores. MR. DiMARIA: I think we're happy to strike those as well. CHAIRMAN FRYER: Thank you. 8099, which includes medical photography and art; physical examination service except by physicians, which has always been a curious one; plasmapheresis centers; blood donor stations; eye banks; organ banks; and sperm banks. MR. DiMARIA: Happy to strike them. CHAIRMAN FRYER: Thank you. 6799 includes holding, buying, and selling tax liens. MR. DiMARIA: Happy to strike. CHAIRMAN FRYER: All right. Thank you. And I appreciate your flexibility on that. That gets me a long way toward where I need to go, and I think it now is much more in line with an Innovation Zone, and honestly -- and I'm glad you seem to agree that this doesn't take away from any of the things that you're going to want to be doing. So I appreciate your working with me on that. And let me see if I have -- oh, let's talk about the developer commitment agreement. And I'm going to ask staff to comment on this as well. We don't have a copy of it. Frequently we do. I'm not saying it's essential in every case that we do, but could you tell me your perception of the status of the discussions of the developer commitment agreement so that we know what we're not seeing? MR. DIMARIA: Sure. I'll invite Todd Mathes to come up. CHAIRMAN FRYER: Okay. MR. MATHES: Thank you, Commissioners. Todd Mathes. I am the director of development at Benderson Development. There was a developer's agreement back in 2008 where we prepaid 6- or $7 million in impact fees. We gave some land. We did some common drainage and other things for the widening of Collier Boulevard, and we reserved Noah's Way through the project, the right-of-way. With all that's happened on the other side of Collier Boulevard, with Uline and the sports park and everything, and the changes to the interchange coming along, the county has been working as fast as possible through the road design and alignment. We are happy to realign the right-of-way we are donating, and we are, I think, there, but that's really -- that ball has remained in the county's court to revise some exhibits, change the alignment of the road a bit, and result in some additional right-of-way donation by our company, which we volunteered, but it is still in Page 10 of 29 Packet Pg. 15 5.A.a April 20, 2023 progress by the county. It doesn't tie back to, really, the entitlement itself, because the entitlement's there; the developer's agreement is there. It's a little bit of trading of the land, a small portion of land. CHAIRMAN FRYER: Thank you. Thank you. That clarifies it for me, and I appreciate that. Those are all the questions and comments I have for the applicant. I'm going to have some for staff, and we'll get to that. Did you want to say something further about Golden Gate? MR. DiMARIA: If you're pleased with the information you received, sir, I'd happily bide my time. CHAIRMAN FRYER: Well, we can ask the Planning Commission. Commissioners, do you want to hear more about Golden Gate? We've trimmed back some uses. That took care of my concern. But what about any from up here? Commissioner Vernon. COMMISSIONER VERNON: Yeah, thank you, Chairman. r I think the NIM meeting lasted about 10 minutes, and there was no objections. Has any c objection come up since then? (No response.) c COMMISSIONER VERNON: Okay. I just wanted the applicant to address it before we heard from any objectors. Thank you. CHAIRMAN FRYER: Thank you very much. And thank you for your presentation, applicant's representatives.Ln We'll turn to staff now for its recommendations. Ln N N. MR. BOSI: And just for following upon Commissioner Vernon's question, staff has not received any opposition letters or correspondence related to either of the petitions. W Within this area, it's an interchange activity center. The next Board of County Commissioners meeting, the Board is set to adopt the final adoption hearing for the CBIZO [sic] Innovation Zone, Collier Boulevard Innovation Zone, GMP amendment, as well as the LDC amendment, so those will be finalized. These are uses that are anticipated within this type of an arrangement by our Growth Management Plan. Higher density residential and in an area that has 22 high employment opportunities is a very good mix in terms of synergy and spatial relationships that a we want to promote. v We've reviewed the applications against the LDC and the GMP. Both have been found to M be consistent, and both of them, I believe, further the intent of what the Growth Management Plan c is trying to promote. Staff is recommending approval on both of them, and we'll entertain any questions that you had. CHAIRMAN FRYER: Thank you very much. No one is signaling at this time. c Commissioner Shea. COMMISSIONER SHEA: So the density they proposed, they don't need any -- they can do it under current regulations? MR. BOSI: The current allocation in an activity center is 16 units an acre eligibility. The Board of County Commissioners is -- has transmitted a GMP amendment that the Planning Commission did endorse unanimously to increase that to 25 units an acre. It's where the Board recognizes that activity centers need to increase those opportunities and increase the densities around there, so that's why you're not seeing a request for an affordable housing density bonus or a GMP, because 16 units is an eligibility within this individual center. COMMISSIONER SHEA: Could they go to 25, or do we have to wait till the commissioners act? MR. DIMARIA: They would have to wait till the commissioners adopt that as part of the GMP. If they wanted to go beyond 16 right now, it would take a privately initiated GMP amendment, but that's not where they've requested. CHAIRMAN FRYER: Thank you. Page 11 of 29 Packet Pg. 16 5.A.a April 20, 2023 I have a traffic question that's just really mostly to make a record on what I think is an important point. Mr. Bosi, shall I give it to you or -- MR. BOSI: Yes. CHAIRMAN FRYER: And we talked about this on Tuesday, and I just want to identify the fact that Segment 33.0 of Collier Boulevard looks like it's going to become deficient in 2024, which is next year. Now, that is a point of concern, but there are things to be said why we shouldn't become excessively concerned about that having to do with the five-year plan. Could you comment on that, sir? MR. BOSI: And I would ask Mr. Sawyer to come up to comment a little bit more. But I will say that not only the improvements within our five-year plan, but the initiation of the 1-75/Collier Boulevard interchange improvements that are initiated by the state is starting to happen right now, and that will provide for more capacity within the systems and the overall operational functionality. But I will -- I'll turn to the expert for that. COMMISSIONER SHEA: Been called a lot of things, but never an expert, huh? N MR. SAWYER: I certainly have over the years, yes. For the record, Mike Sawyer, c Transportation Planning. Absolutely correct. We actually have two projects in the five-year work program. One is FDOT's interchange improvement. The other is our own project that we've got for Collier Boulevard itself, which is going to be going from four lanes to six lanes from the Golden Gate Canal up to Green. So at that point all of Collier Boulevard will be six-laned. We're anticipating both of those improvements to greatly enhance the capacity on the roadway.Ln CHAIRMAN FRYER: Thank you. Ln N. COMMISSIONER SHEA: Has the money for FDOT been approved? I mean, is that secured, or is it still a wish list? W MR. SAWYER: No, no, no. It's actually approved. Currently, they are working on design, which basically puts it into the construction phase, and that's where we are with our own project. So, yeah, they're both definitely going to be happening. Actually, FDOT advanced the interchange project. I believe -- don't quote me, but I believe it was two years, and perhaps Lorraine may have some more exact timing on that. But I know it was advanced. CHAIRMAN FRYER: Thank you, sir. I think that's all we have on traffic. a MR. SAWYER: Thank you. v CHAIRMAN FRYER: Anything further from staff, Mr. Bosi? M MR. BOSI: No, that completes staffs report. Thank you. c CHAIRMAN FRYER: Thank you. Mr. Youngblood, any members of the public registered to be heard? MR. YOUNGBLOOD: Mr. Chairman, I don't any registered speakers for this item. CHAIRMAN FRYER: All right. Any people in the room who have not registered but, E nonetheless, would like to be heard on this matter, please raise your hand. (No response.) Q CHAIRMAN FRYER: Seeing no hands up, we will close the public comment portion of the hearing, and the matter now falls in our hands. We've got two separate PUDs. They're closely related. We don't have to have EAC action, so it's just action on two MPUDs. And I'd open it up for discussion or a motion. Oh, Commissioner Schumacher, I see you signaling. COMMISSIONER SCHUMACHER: Just a quick question. We're looking at 846 units on this 43 acres, correct? So that's -- if we're going to 16 units an acre, are we using -- are we including the preserve as well. How are we getting to that eight four [sic]? Was everything added together? MR. BOSI: When you have a mixed -use project, you take the entire acreage of that project to calculate the residential density. That is the overall gross density. The net density always results in a higher density than what the actual gross density is, so that's why the Page 12 of 29 Packet Pg. 17 5.A.a April 20, 2023 discrepancy. But we're informed by the Land Development Code. When you have a mixed -use project, you take the entire acreage of the entire project, including the nonresidential acreage as well, to establish what the density. So, therefore, it's below the 16 units per acre, but the net effect is something that's higher. COMMISSIONER VERNON: Including the preserve? MR. BOSI: The preserve is part of that calculation. COMMISSIONER SCHUMACHER: I just think if it's residential, it should just be residential. If you separate one side out for commercial mixed -use, the other side's straight residential, then it should be 16 on the 43. But, again, the code dictates differently which is -- CHAIRMAN FRYER: Your point is perceptive, and it's something that has been said many times up here before your arrival. COMMISSIONER SCHUMACHER: And the other thing is we already have another full tail -- I call it full retail apartment complex going up on that same street right now, which we had in our last meeting to approve them to go to 50 feet. So if I can direct my question back to that w d traffic aspect, what are we looking at? We've got 800 units plus the other apartment complex c going up. Is that two-lane road going to be able to handle that? MR. BOSI: The capacity of the two-lane road, the local Magnolia Pond, it's not part of our AUIR system in terms of -- you know, in terms of volume, the capacity. We do, from an operational perspective, analyze that, and we've made a determination that there is significant capacity to handle the volume. Let me point out, this is the interchange activity center. This is the most intense area thatLn we have allocated within our Growth Management Plan. This is the place where we expect the v most intense traffic. Five hundred additional trips within this area doesn't make a blip. I mean, really, it is -- the volume of capacity and the amount of trips that are exchanged within this area is the highest that you have within -- anywhere within the county's transportation system. COMMISSIONER SCHUMACHER: Okay. Thank you. CHAIRMAN FRYER: Thank you. m No one else is signaling at this time; therefore, I would entertain a motion for approval of these two PUDAs, and I will, again, read the name and number just so there's absolutely no a confusion. We're talking about PL20210000419, the Collier Boulevard Mixed -Use Commerce v Center, and PL20210000150, the Golden Gate Commercial Park, PUDA. M May I have a motion. c COMMISSIONER VERNON: Vernon moves. And I'd move with a friendly amendment to striking those uses that the Chairman brought up. CHAIRMAN FRYER: Oh, thank you. Thank you for bringing that up. Is there a second to the motion as -- E COMMISSIONER SCHUMACHER: Second. CHAIRMAN FRYER: It's been moved and seconded that we approve both of these with a the amendment relating to proposed uses that the applicant has graciously conceded so that we have a nice compromise on that. Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) Page 13 of 29 Packet Pg. 18 5.A.a April 20, 2023 CHAIRMAN FRYER: It passes unanimously. Thank you, applicant. Thank you, staff. Thank you, Planning Commission. And we're moving right along here. We'll go right to our last matter of the day. COMMISSIONER VERNON: Can I bring up one thing? CHAIRMAN FRYER: Yes, of course, Commissioner. Go ahead. COMMISSIONER VERNON: And I apologize for doing this. I just think it's apropos right now. The Chairman has a habit of striking uses which I, frankly, think's great, but we've sort of gotten into this habit -- and I think I brought it up before. And if the Chairman's not here, I don't think anybody else -- and I certainly don't take the time -- and kudos to the Chairman for doing it, for figuring out uses that should be stricken. And so I guess I have two questions. One question is: Are we doing some -- is there some unintended consequence that will be negative in the future because of us striking these uses? I think I've raised this before. But I want to make sure that we're not unintentionally making a N mistake by doing this. And if we're not and it's a good practice, then I'd love to find a way to c institutionalize this so we're not dependent on a hypervigilant Planning Commission member figuring this out each time. So does that question -- two questions make sense? COMMISSIONER SHEA: Yes. COMMISSIONER VERNON: And I'd just like to solve the problem so that it will save the Chairman time, and we'll institutionalize what we're already doing. MR. BOSI: There is the possibility that the market may find that one of those uses thatLn we restrict is what they want to propose, and if they wanted to propose it, they would have to go v through another PUD amendment to add those back in. I think often these are struck from review of the catchalls within the SIC codes that, really, d they have really no more market viability or inappropriateness in terms of what they would be related to an interchange activity center. Now, I would say, an interchange activity center as the most intense area within our county, those various uses, I'm not sure if they don't have somewhat of, you know, a potential alignment with that highest intensity allocation, but I also recognize that there are some uses that the Chair is trying to protect to make sure we provided -- we provide opportunities for the qualified a targeted industries that we're trying to promote within our Innovation Zone, and I think that was the v motivation as to the restriction of this. M What we can do is, as a staff, we could put within our staff reports these catchalls and ask c the Planning Commission -- and remind them or highlight these are the -- these are the type of uses that are associated with these catchalls, would the Planning Commission like to strike these through, so the Chair wouldn't have to do that. It's just -- it will be extra analysis and extra evaluation from the CCPC's part. That could be one way, or the other way is to allow the market E to make a determination as to whether these uses are appropriate and needed within -- needed within. c° y COMMISSIONER VERNON: Yeah, if I could follow up. CHAIRMAN FRYER: Yes, sir. COMMISSIONER VERNON: On the Point 2 that you just finished up with, staff burden. The last thing I want to do is put more work on the staff, but if the work needs to be done, probably better staff than ad hoc done by one, like I said, hypervigilant member of the Planning Commission. And on -- going back to the first point, if -- I see your point, and I kind of thought that, that somewhere down the road the property now might not be able to be used as something that they want to use it for that may make sense at the time that we struck, but in terms of what's best for county, it seems to me that that's sort of the applicant's problem. In other words, if the applicant agrees with us at the podium, then they own that. And if it later comes back to haunt them, that's their problem. And it doesn't really hurt the county or what we're trying to accomplish as the Page 14 of 29 Packet Pg. 19 5.A.a April 20, 2023 Planning Commission. And if they disagree with it, I think it's on them or their representatives to say, no, we want to keep that, and I think my sense is the Planning Commission is open to keeping things they want to keep. So I guess on the first point, I think -- I want to make sure we're exploring it fully. I don't think there's any downside to continuing to do what we're doing, at least no downside to the county or the Planning Commission or the staff. So I'd like to institutionalize it. And I'm not trying to create more work for people, but -- you know, and I'm open how we do it. I mean, if the staff can do it. I don't know how much extra time it takes, and I appreciate you doing it, Mr. Chairman, but it's just not really fair. I mean, if you're on vacation, it doesn't get done, and that's really not fair to the county if we're doing it sometimes and not other times. So I like what you're doing, but I'd like to see it done, like I said -- I'm repeating myself -- but on an institutionalized basis. CHAIRMAN FRYER: Thank you. Before I call on Commissioner Shea, let me just d r offer a suggestion. Maybe it would go a long way toward getting this resolved. And, as a c preface, I want to say that the standard that I applied personally when I went through this and made critical analysis was a little different, it being in an Innovation Zone, as Mr. Bosi pointed out, than I would have, say, had it been a C-4, C-5, or industrial zoned use. But how about -- how about this: Staff has materials that it supplies to applicants to guide them in preparation of their applications, and I wonder if, when it comes to permitted uses, and particularly these that end in 99 and 49, because these are the catchalls, that we encourage theLn applicant to go through those, save the Planning Commission some time, and delete the ones that v are clearly obsolete, couldn't possibly be used, and would -- they would be happy to relinquish. Does that, would that -- would that get anywhere, Commissioner Vernon? W COMMISSIONER VERNON: I think that's a great idea, because that keeps it off the staff. It's really up to the applicant. And we've got to find a way to motivate them to do that. But the first thing is do exactly what he said and then see if it starts to take hold. CHAIRMAN FRYER: Thank. m You. Commissioner Shea. 22 COMMISSIONER SHEA: I know that it might be extra work. I think I would, as a a commissioner, like to see those, if you could attach them in the reports, so we start seeing them v ourselves and understanding what it is rather than just an SIC code, but with a list. And I'd like to M see them just for my own education and make me a better commissioner in understanding these c things. I know it's a little more work, but they are a pretty standard list. MR. BOSI: And just let me --and Ray was just adding this to our next zoning meeting agenda to -- the clarification of the policy that the Planning Commission's looking for. And we will work with the applicants to review the 49s and the 99s and to evaluate which uses that will be E restricted or removed from being requested as a permitted use. And what I'm hearing from you, Commissioner Shea, is you'd like to see those highlighted within the staff report that these were the a uses that were reviewed and removed? COMMISSIONER SHEA: Yes, especially if it's agreed to ahead of time, it would be nice to have it in that perspective, that it's been agreed to. MR. BOSI: So you want to see the stuff that's not going to be in the PUD? COMMISSIONER SHEA: I'd like to see the list -- MR. BOSI: Sure. COMMISSIONER SHEA: -- and then something simple like an X. These are coming out. MR. BOSI: Okay. CHAIRMAN FRYER: Some years ago I had requested that when applications come before us with requests for permitted uses, that rather than say SIC Code 4999 with the exception of A, B, C and D, because then you don't know, you know, what's going in there, you just know Page 15 of 29 Packet Pg. 20 5.A.a April 20, 2023 what's not going in there, to do it the other way and require that the ones in 4999 that you want be called out. But I mean, there are a number of ways of getting at this. And I'm not trying to burden anyone, but I just -- you know, I think, first of all it reveals that we're doing our job up here, and some of these -- some of these uses, frankly, are kind of embarrassing. And, you know, I just -- it seems to me that, you know, something's going to come across my desk for scrutiny, you know, I'm going to call it out. COMMISSIONER VERNON: Well -- and maybe I am way oversimplifying this, but if you have a list of them you, you print out a list -- and I'm using old school -- you email the list to Rich Yovanovich. Hey, on your -- which are you willing to get rid of, and he just lines through them, and then you put it in our packet, and we can see all of the ones that exist, because it's a form list, and the ones that he doesn't want are stricken through. And that wouldn't be a lot more work for you. It would be a little bit of work for the applicant, and it would be -- I don't know, is it 50 pages long or three pages long? CHAIRMAN FRYER: It depends. r MR. BOSI: It depends. It could be three. It could be -- it could be pretty substantial. c COMMISSIONER VERNON: And I'm just -- COMMISSIONER SHEA: Two thousand pages is not substantial. That's what we usually get is 2,000 pages, so I don't care about -- COMMISSIONER VERNON: And I'm just trying to suggest away that doesn't put more work on the staff, takes the ad hoc burden off the Planning Commission, and puts the burden on the applicant, which I see as a minor burden.Ln CHAIRMAN FRYER: Well, with that, I think what I'm hearing is is that we are -- it's our v consensus that we're asking staff to come back with a solution that takes the burden somewhat off of us and without unduly burdening staff or the applicants. Is that pretty much what we're -- COMMISSIONER VERNON: That's great. COMMISSIONER SHEA: I support your suggestion, which I think Mike agrees with also. a� CHAIRMAN FRYER: Okay. Thank you. m MR. BOSI: We will talk with our staff members, and we'll proceed under that -- that direction. v a CHAIRMAN FRYER: Thank you. And that, I think, was a good discussion, v Commissioner Vernon. Thank you for bringing it up. M ***All right. Our -- and let's see. We've got sometime here for what's turned out to be c last matter. It is on PL20210002041. It's the Ave Maria Stewardship Receiving Area amendment or SRAA. All those wishing to testify in this matter, please rise to be sworn by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) E CHAIRMAN FRYER: Thank you. Ex parte, starting with Ms. Lockhart. c° a MS. LOCKHART: Staff materials only. COMMISSIONER VERNON: Oh, I'm sorry. No disclosures. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Public record matters, meeting with staff, and a conversation -- a brief conversation with Mr. Yovanovich. COMMISSIONER KLUCIK: The materials that are in the agenda, staff meeting, and a phone call with Mr. Yovanovich. COMMISSIONER SCHUMACHER: Just the agenda items -- material. CHAIRMAN FRYER: Thank you. With that, Mr. Yovanovich, you have the floor. MR. YOVANOVICH: Thank you. Good morning. For the record, Rich Yovanovich. With me today to answer any questions are Wayne Arnold, our planner; Chris Scott, the Page 16 of 29 Packet Pg. 21 5.A.a April 20, 2023 planning manager for Peninsula Engineering; Dan Doyle and Gavin Jones, if you have transportation -related questions; and Bruce Layman if you have any environmental -related questions. I'm half tempted to say, "The staff report is very thorough, and the changes are pretty minor, and if you have any questions..." but if you would like a longer presentation, I'm happy to do that. But I'll go to the quick summary slide of what we're asking, and if you have any specific questions -- not that this isn't important, but I think the summary slide really tells you what we're doing. Ave Maria was the first SRA actually approved in Collier County, and it happened to be a town, and it was approved around 2004, if I remember correctly. Originally towns were capped at 4,000 acres. There were some recent amendments to the Growth Management Plan that allowed that to go to 5,000 acres. So we're here today, essentially, to add 901 acres to the existing town, but we're not really N changing the intensity of the town. Essentially, what we're doing is we're modifying Table 1, c which is the list of uses. As you can imagine, predicting the actual buildout of multifamily and single-family almost 20 years ago turned out to be a little off as to what the market wanted, so we're making some adjustments there between multifamily and single-family as well as the allocation of retail, office, and civic. The nomenclature changed from what was originally used for discussing civic uses and other types of uses, so we're changing the reference to those to the current Land Development CodeLn references for breaking out medical, civic, and other type uses, and then we're making some v changes to basically all the maps relating to the additional 901 acres that we're adding. We're adding roughly 958 and deleting a little over 50 acres. So it's a little bit of a mix of what we're W doing here. Because of that, we're going to have to make some changes to the credit agreement, the pedestrian map, open -space exhibits, all related to what we're adding. But, essentially, what we're doing is we're adding -- making some modifications to the land -use table, which is in your Growth m Management Plan, to reflect the new nomenclature and allocation of units. The trip cap remains the same, so we're not asking for any additional intensity as a result of adding -- a COMMISSIONER VERNON: Can you -- I'm sorry. Can you -- sorry to interrupt. Can v you go back to that a little bit more? I was digging into that. M MR. YOVANOVICH: I'm sorry. It was in your staff report. c COMMISSIONER VERNON: Can you just run through it with us. MR. YOVANOVICH: You can see that the residential units are staying the same of 11,000 units. COMMISSIONER VERNON: But more single-family. E MR. YOVANOVICH: More single-family. COMMISSIONER VERNON: Less multifamily. c° Q MR. YOVANOVICH: Less multifamily, less ALF. Goods and services, basically, have been combined. They were originally retail and office. Reducing hotel rooms, reducing civic. COMMISSIONER KLUCIK: What would be the basis for making the reduction? MR. YOVANOVICH: The reduction of what? I'm sorry. COMMISSIONER KLUCIK: The hotel and the civic. MR. YOVANOVICH: All of that was with the intention of keeping the trip cap -- trip cap neutral for what we're proposing to do. Because single-family generates more trips than multifamily, so there were adjustments to other uses. One, to address what the market reality is going to be and, two, to make sure we remained trip cap neutral. COMMISSIONER KLUCIK: You don't think when there's 11,000 homes there that you're going to need more than 300 rooms for hotel? I mean, we already seem like we could fill a hotel most of the year. Page 17 of 29 Packet Pg. 22 April 20, 2023 5.A.a MR. YOVANOVICH: Well, we've looked at it -- COMMISSIONER KLUCIK: Okay. MR. YOVANOVICH: -- and this is what -- we can always come back. As you know -- COMMISSIONER KLUCIK: Sure. MR. YOVANOVICH: -- things change as the towns evolve, so... COMMISSIONER KLUCIK: And the same thing with the medical and the church. I'm just trying to figure out, are they falling under some other category? Because they're -- obviously, we have a church there, and you're going to have medical facilities there. So how are you -- what's the basis for having -- MR. YOVANOVICH: That was -- I'm sorry. That was medical office only, not the recent changes we made for the future hospital or potential hospital. COMMISSIONER KLUCIK: Yeah. Where would that -- where would a hospital or medical offices -- MR. YOVANOVICH: That is going to be in the -- I was going to say civic, governmental, and institutional. We combined those two. COMMISSIONER KLUCIK: Okay. And then the church? MR. YOVANOVICH: The church is going to also be within those categories as well. They're considered civic. COMMISSIONER KLUCIK: But the civic went from 350 to 184? MR. YOVANOVICH: Which is, realistically, what we expect. If you recall, the hospital was much larger when we originally went through this amendment process the last time. CHAIRMAN FRYER: May I ask a question while you're -- MR. YOVANOVICH: And if I could -- Commissioner Klucik, probably before you got on the Planning Commission but while you were in your civic role, you'll note that probably about every three to five years we go back and look at what's really happening out in Ave Maria, what the real needs are. And you can anticipate at least one more time in my career that I'll be back in front of you to make some further adjustments. COMMISSIONER KLUCIK: But the primary reason for making some of these adjustments was to comply with the trip caps? MR. YOVANOVICH: Well, yeah. One of the reasons was to make sure that we were right for the market and, two, it was important to us to stay trip cap neutral at this point. COMMISSIONER KLUCIK: I guess I'm just concerned that you're --I mean, obviously, you're the developer; you know, that's who you're representing. It just seems like you're kind of hamstringing yourself on flexibility with some of this. MR. YOVANOVICH: Correct. But the difference would be -- and you're probably not aware of this. There's a development contribution agreement that's been approved related to transportation -related impacts, and that number basically vests us from a traffic standpoint. We didn't want to analyze potential trips on the road that we don't think are going to occur, which would put us in a whole different analysis that we have to go through. If we need to come back later and ask for more, then we'll do the traffic analysis. We just didn't want to -- we just didn't want to get into an analysis that may -- may not be relative to where we are in this stage of the town. COMMISSIONER KLUCIK: Thank you, Mr. Chairman. CHAIRMAN FRYER: Thank you. Commissioner Vernon. COMMISSIONER VERNON: Yeah, I think -- thank you, Commissioner Klucik. Those are good questions, because I think he's going to the same place sort of -- and maybe -- since I don't live out there -- more simplified. I was trying to figure out why you're doing this. And if I understand you, from the questioning and answering, is that you -- there's either greater profitability or greater demand for single-family housing and less so with multifamily. So the developer, your client, wants more single-family, less multifamily, and the rest of the changes are Page 18 of 29 Packet Pg. 23 April 20, 2023 5.A.a primarily driven by trying to adjust everything else so that you can accomplish that without a big rigmarole. MR. YOVANOVICH: And if we needed to -- if we thought the market said we need more hotel rooms, then we would have asked for that, and we would have analyzed the traffic -related impacts. COMMISSIONER VERNON: No, I gotcha. But I'm saying -- I'm asking, why are you doing this? Explain it to me like a fourth grader, like Denzel Washington. Why are you doing this? You're doing this because you want more single-family than you originally thought you needed or wanted? MR. YOVANOVICH: Right. And we looked at the product mix of what needed to be out there. COMMISSIONER VERNON: Right. MR. YOVANOVICH: So it wasn't just because we wanted more single-family. COMMISSIONER VERNON: Okay. MR. YOVANOVICH: We wanted to look at what do we really need as far as office, retail, medical civic. What do we really need? COMMISSIONER VERNON: But what's the primary driver? What's the -- MR. YOVANOVICH: All of the above. I would say primarily -- COMMISSIONER VERNON: Which one -- how did the conversation start? (Simultaneous crosstalk.) COMMISSIONER VERNON: We need more office or we need more single-family or we need more -- CHAIRMAN FRYER: Ladies and gentlemen. MR. YOVANOVICH: I did this again. I've got to quit talking over him. I apologize. CHAIRMAN FRYER: Thank you. COMMISSIONER VERNON: That was my fault. Sorry, Terri. MR. YOVANOVICH: I would say we're looking initially at what is the residential driver, but that also caused us to look at, we have too much of A, B, and C. COMMISSIONER VERNON: I gotcha. That's what I was looking for. Okay. CHAIRMAN FRYER: Go ahead. MR. YOVANOVICH: And essentially what I said was we're making some -- we're adding some blue, taking away some of the red in this exhibit for an overall net increase of roughly 901 acres. I could go through in much greater detail, if you want me to, all the master plan changes but, essentially, what you're seeing here is the blue areas are being added, some of which will be neighborhood general, some of which will be town center. But if you need a more detailed presentation, I'm happy to do it, but that's a summary of what we're here for. Staffs recommending approval of the proposed changes. And with that, I'll keep going, or I can stop at this point. CHAIRMAN FRYER: Ms. Lockhart. MS. LOCKHART: I had a comment. Did you -- or question. Did you evaluate for impacts of school generation by changing the use? MR. YOVANOVICH: We have had -- I know we've worked with the school district on schools out in Ave Maria, so I would say, yes, all of that was factored in. MS. LOCKHART: For the additional 2,000 single-family? MR. YOVANOVICH: Chris, did we -- on the school district side -- I know we submitted it to the school district. I don't think the school district came back with any concerns with regard to what we were proposing. MS. LOCKHART: Because the student generation of single-family is roughly about .34. Multifamily is .11. So it could have a significant impact. MR. YOVANOVICH: Right. And we provided all of that information to the school Page 19 of 29 Packet Pg. 24 April 20, 2023 5.A.a district, and the school district didn't have -- MS. LOCKHART: Didn't have a problem? MR. YOVANOVICH: -- any comments with it -- with regard to that. CHAIRMAN FRYER: Let's -- I'm going to ask you to say that again, because that's important that one of the bases that you touch along the way is you talk to the school district. MR. YOVANOVICH: Yes. CHAIRMAN FRYER: And, certainly, they would be aware of the important number that Ms. Lockhart mentioned showing that single -families produce more school -aged children? MR. YOVANOVICH: Correct. Part of the review is the school district. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. If you could go down -- on this map it's towards the bottom left corner, which would be the north. Yeah. MR. YOVANOVICH: This one here? r COMMISSIONER KLUCIK: Right. Now, obviously, that sort of snakes -- the purple's c all university district, the lighter purple. So you have that narrow access band above it. Is that -- that's considered university district, but what is the actual, you know, expected usage of that? Because it is sort of separated. MR. YOVANOVICH: I'm going to go to a -- I think when you were talking the purple, this is where you're talking about? COMMISSIONER KLUCIK: Right.Ln MR. YOVANOVICH: This is all university. v COMMISSIONER KLUCIK: Then you have that narrow band of access. MR. YOVANOVICH: Which is road. d COMMISSIONER KLUCIK: Right. And then -- you know, I'm just trying to figure out what the -- it seems like it might be designated for something different than what you'd think a university would have or -- c MR. YOVANOVICH: A golf course. m COMMISSIONER KLUCIK: Or a separate section. What is it? MR. YOVANOVICH: It would be golf course. a COMMISSIONER KLUCIK: Okay. So that's planned to be -- all right. v CHAIRMAN FRYER: Anything else? M COMMISSIONER KLUCIK: No. c CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER SHEA: So you're adding 900 acres to the receiving areas. Are you adding any to the sending area part of this as a result? MR. YOVANOVICH: No. The stewardship -- this is an SRA, as you know, E Stewardship Receiving Area. We already have SSAs, Stewardship Sending Area, set aside, and he will be taking credits from the already established SSAs. a COMMISSIONER SHEA: Okay. To cover this land? MR. YOVANOVICH: Yes. The lands that are being added, correct. COMMISSIONER VERNON: Yeah. I had a -- if I can, Mr. Chairman. CHAIRMAN FRYER: Go ahead, Commissioner Vernon. COMMISSIONER VERNON: I had the same question. I think you clearly answered it, but just to make sure. Because if you go back to the last slide --yeah, that one. So just -- if I were an environmentalist, I go, hey, they're getting all this stuff. What protected lands -- but, essentially, to put it in financial terms, you've already paid to do this -- MR. YOVANOVICH: Correct. COMMISSIONER VERNON: --and you're just drawing down some of what you've already paid for? MR. YOVANOVICH: Specifically, we're taking the credits from SSA6 and SSA9. Page 20 of 29 Packet Pg. 25 5.A.a April 20, 2023 COMMISSIONER VERNON: So you'll have less credits after this? MR. YOVANOVICH: We'll have less credits in the bank, correct. COMMISSIONER VERNON: Thank you. CHAIRMAN FRYER: Thank you. Anything further, Mr. Yovanovich? MR. YOVANOVICH: Again, I can go through in much more detail if you need me, but -- CHAIRMAN FRYER: Commissioner Klucik. MR. YOVANOVICH: -- I'll just leave the master plan up in case there's questions related to that. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Yes. Okay. So the town center that's near the -- well, the east -- southeast corner. MR. YOVANOVICH: Are you talking -- I hate when -- I always -- you know me. COMMISSIONER KLUCIK: Yeah, yeah. It's the north -- yeah, it's the northeast corner as r on this. c MR. YOVANOVICH: This right here? COMMISSIONER KLUCIK: Yeah. So that's additional town center -- now, yeah. So I guess I'm a little confused only because our map that we have in the packet is a little different than what you're showing here. So do you know -- yeah. I mean, I have mine called up in the staff report. co MR. YOVANOVICH: Are you looking at the old one, or are you looking at the new one?Ln COMMISSIONER KLUCIK: No, no, no. I'm looking at the new one, and it has, like, a v water -- you know, like, a body of water in that area with the -- with a looping road, and it has, like, an L-shaped -- reverse L-shaped town center instead of a square town center. It's in the staff report. It's Page 1121 in the packet. MR. YOVANOVICH: Okay. You may be looking at an older version in your staff report. a� COMMISSIONER KLUCIK: Okay. MR. YOVANOVICH: Yeah. I think you are. I'm looking at it now. You are looking at an older version. v a COMMISSIONER KLUCIK: Okay. What happened to the water feature? That looked v nice. M `�4 MR. SCOTT: There will be water. 0 COMMISSIONER KLUCIK: All right. So that -- my question, though, is -- all right, so you're adding that -- the town center, so that's increasing the acreage -- it's increasing the acreages for town center, but it's not increasing the square footage. MR. YOVANOVICH: Correct. E COMMISSIONER KLUCIK: So you're basically making less dense -- by doing this, you're making the commercial usage less dense. a MR. YOVANOVICH: We use the word "intensity" instead of "density" on commercial, but less intense. COMMISSIONER KLUCIK: Are you correcting me? MR. YOVANOVICH: I'm helping you. COMMISSIONER KLUCIK: Thank you. MR. YOVANOVICH: Helping you. COMMISSIONER KLUCIK: Hey, I could use all the help I can get, so I appreciate that. MR. YOVANOVICH: I thought you were just testing me. COMMISSIONER KLUCIK: Well, I'm trying to provoke you. MR. YOVANOVICH: Uh-oh. COMMISSIONER KLUCIK: We had such a nice conversation this morning; I know he wouldn't misunderstand that. Page 21 of 29 Packet Pg. 26 April 20, 2023 5.A.a Okay. And then the park that's -- parkland that's designated there in the new residential section -- MR. YOVANOVICH: Yes, sir. COMMISSIONER KLUCIK: --is there -- you know, is that going to be, like, a developed park? Is that also -- is that something that is going to be -- you know, you're going to do it as a, you know, privately owned, or is that going to be something that you're planning to try to -- you know, and previously I know the developer was interested in maybe, you know, offering that to the county. MR. YOVANOVICH: Let me -- it's -- give me one second. It's already existing green space, and it's going to be a passive park. COMMISSIONER KLUCIK: Well, yeah. Like, right now it's, like, just wilderness, sort of. So the idea is it's just going to --I mean, is it going to be anything other than just open space that's nicely manicured? MR. YOVANOVICH: No, that's all it's going to be. COMMISSIONER KLUCIK: Okay. MR. YOVANOVICH: Passive park. COMMISSIONER KLUCIK: But it would be available for people to frolic on if they wanted to? MR. YOVANOVICH: It's a park to frolic on passively. COMMISSIONER KLUCIK: Okay. And then it will be privately owned? It won't be something that you're planning to make a government -- MR. YOVANOVICH: I don't -- are you asking is it going to become part of the CDD or the special district out there? COMMISSIONER KLUCIK: Well, like, right now the parks that we see --the other green parks are owned by the master association, and I guess I'm just -- and there was a desire, you know, a few years ago of the developer to turn that over to the county park system in exchange for --or to the district in exchange for tax credits. And I'm just wondering if that's also something that -- you know, is that going to end up being privately controlled space or publicly controlled space? MR. YOVANOVICH: I don't think we know at this point. COMMISSIONER KLUCIK: Okay. MR. YOVANOVICH: I'm looking, and we don't know which way we're going to go with the parcel. COMMISSIONER KLUCIK: Yeah, no. And you know what? That's just my curiosity. It isn't something that -- you know, that our vote, I think, would hinge on, so... MR. YOVANOVICH: Okay. COMMISSIONER SHEA: So what are the accepted uses for the SIC code called "frolicking"? MR. YOVANOVICH: Well, frolicking wouldn't be a commercial SIC code use. CHAIRMAN FRYER: Thank you. MR. YOVANOVICH: And I would think it's one of the 49s or 99s. COMMISSIONER KLUCIK: Coin -operated frolicking. CHAIRMAN FRYER: I have a comment, I guess, in line with our very brief conversation a couple of days or -- yeah, a couple of days ago. I would like you to comment upon workforce housing from the standpoint of how, generally speaking, when you go from multifamily housing to single-family housing it makes it a little more difficult to attract workforce, and you might want to make a record at this point of the other philanthropic activities that Barron Collier has undertaken up there in furtherance of workforce housing. MR. YOVANOVICH: Well, there was a previous donation to Habitat for Humanity, 28 acres and 150 homes. There also --just the history of the sales prices in Ave Maria, although not strictly restricted for affordable housing, has, in fact, provided -- I'm going to give you Page 22 of 29 Packet Pg. 27 5.A.a April 20, 2023 numbers. This is through 2021. We've provided over 570 homes under the gap pricing or below, another 526 homes under the moderate pricing, and then another 23 under the low. So, as you can see, Ave Maria has been attractive to the workforce by the pricing that's out there today. The benefit of that is, if you're -- if you're a young professional with a family -- or a professional with a family -- you don't have to be young -- you can buy this home, and you're not saddled with a 30-year commitment that -- to who you can sell in the future. So this has been a community that the workforce has found to be an attractive community based upon the price and the quality of home. So, historically, although not strictly an affordable housing commitment and community, that has served that purpose. CHAIRMAN FRYER: Would you go back and say a word or two more about the Habitat transaction. MR. YOVANOVICH: Yeah. Historically, when Ave Maria was initially approved, it was a DRI, and then the DRI rules changed, and the DRI was rescinded. But prior to that, there d r was an -- the property's in Immokalee. It was provided to Habitat for Humanity. These homes c were being sold and are still being sold at price points that have been attractive to workforce housing. So that was a historical commitment that was made early on as part of the Ave Maria Development. CHAIRMAN FRYER: Okay. That's what I wanted to hear, that it's in the Immokalee area? Ln MR. YOVANOVICH: Correct. N CHAIRMAN FRYER: Okay. Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. If you could, I notice that the location of Donahue Academy is university district, purple? MR. YOVANOVICH: Okay. COMMISSIONER KLUCIK: You know where that is on the map? MR. YOVANOVICH: I know where the purple is. COMMISSIONER KLUCIK: You see the town core? a MR. YOVANOVICH: Yes. v COMMISSIONER KLUCIK: And you see the little purple oval there, amoeba, up just M north of it? `�4 0 MR. YOVANOVICH: Sure. COMMISSIONER KLUCIK: So that's considered university district, but it really now has no association or affiliation with the university, and I'm just trying to figure out -- MR. YOVANOVICH: This area right here; is this what you're talking about? E COMMISSIONER KLUCIK: That's now a diocese and school, and it really has no affiliation with the university. Is that -- so what is the classification, or is that -- I guess that usage a must be -- I mean, is that the right -- MR. YOVANOVICH: The university district think of it as -- COMMISSIONER KLUCIK: It isn't necessarily university land? MR. YOVANOVICH: Correct. COMMISSIONER KLUCIK: Okay. MR. YOVANOVICH: It just is the category of allowed uses. COMMISSIONER KLUCIK: Got it. MR. YOVANOVICH: It's, essentially, the zoning district. COMMISSIONER KLUCIK: So since it's still within that category, there's no reason it would change? MR. YOVANOVICH: Correct. COMMISSIONER KLUCIK: Okay. Thank you. Page 23 of 29 Packet Pg. 28 April 20, 2023 CHAIRMAN FRYER: Anybody else? (No response.) CHAIRMAN FRYER: No one is signaling at this point. Mr. Yovanovich, do you have anything further, sir? MR. YOVANOVICH: No, sir, unless you have further comments or questions of us. We'll hopefully make this an early day for everybody. CHAIRMAN FRYER: Okay. All right. We'll turn it over to staff for its recommendation, please. MS. GUNDLACH: Good morning, Commissioners. For the record, Nancy Gundlach, Planner I1I. And staff is recommending approval of this petition, as it is consistent with the Growth Management Plan and the Land Development Code. But I wanted to just make you aware we had a condition of approval that we've tweaked slightly. MR. YOVANOVICH: I have it. MS. GUNDLACH: Oh, cool. Oh, good. Thanks. MR. YOVANOVICH: I got so excited about getting this done, I forgot to go all the way to the -- there you go. MS. GUNDLACH: Thanks. And that is our condition of approval, and both staff and the applicant are in agreement. CHAIRMAN FRYER: I believe that was -- COMMISSIONER KLUCIK: Can you explain what this is. COMMISSIONER VERNON: Yeah. What does that say? CHAIRMAN FRYER: This was -- this was in the material. COMMISSIONER VERNON: I read it. I didn't understand it, so... MS. GUNDLACH: We have our subject -matter expert. CHAIRMAN FRYER: It's calling for a listed species agreement for environmental purposes. MS. COOK: Good morning. Jaime Cook, your director of Development Review. So this condition is only put in place to ensure that we get an updated listed species survey as well as confirmation from state and federal agencies that any mitigation that is required or management that is needed is followed through prior to the construction of any development. COMMISSIONER VERNON: Thank you. CHAIRMAN FRYER: Thank you. COMMISSIONER KLUCIK: Is this an already -existing requirement and it's just being included in this? MS. COOK: Yes. We've included it with every SRA application. COMMISSIONER KLUCIK: Okay. CHAIRMAN FRYER: So it's a requirement with a superior government authority that we're now also making a requirement of Collier County? MS. COOK: Yes. COMMISSIONER KLUCIK: So it's duplicative? CHAIRMAN FRYER: Probably. Maybe not perfectly duplicative, but possibly. Do you want to -- do you have a problem with that? COMMISSIONER KLUCIK: No, no. It doesn't sound like the petitioner does, so... COMMISSIONER VERNON: No. CHAIRMAN FRYER: All right. Anything further from staff? MS. GUNDLACH: No, sir. CHAIRMAN FRYER: Thank you. Commissioner -- oh, all right. No one is signaling at this time. Staff completed its report. Turning now to Mr. Youngblood, do you have any members of the public? MR. YOUNGBLOOD: Mr. Chairman, I don't have any registered speakers for this item. Page 24 of 29 Packet Pg. 29 5.A.a April 20, 2023 CHAIRMAN FRYER: Thank you. Anyone in the room who hasn't registered but, nonetheless, would like to be heard on this, now would be the time to raise your hand, please. (No response.) CHAIRMAN FRYER: Seeing none, we will close the public comment portion of this hearing. The matter is now in our hands for deliberation leading up to a motion. Commissioner Vernon. COMMISSIONER VERNON: Vernon moves approval, unless somebody has questions or comment, with the revised condition from the staff. CHAIRMAN FRYER: Thank you. Is there -- COMMISSIONER KLUCIK: I'll second. CHAIRMAN FRYER: Okay. It's been moved and seconded. This is an SRAA with the condition that has been agreed to by the applicant. Any further discussion? (No response.) w d CHAIRMAN FRYER: If not, all those in favor, please say aye. c COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed?Ln (No response.) v CHAIRMAN FRYER: It passes unanimously. MR. YOVANOVICH: Thank you. CHAIRMAN FRYER: Thank you, applicant. Thank you, Planning Commission, and S staff. So moving right along here. Takes us to old business. I'm guessing we don't have any old business at this point. New business, is -- Mr. Bosi, do we have old business? MR. BOSI: No, just --I just want to follow upon this morning's discussion on the May 4th Planning Commission. It sounds like there will be -- COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Do let him finish. COMMISSIONER KLUCIK: Okay. Sure. MR. BOSI: There may be a challenge -- COMMISSIONER KLUCIK: I just wanted to catch Mr. Yovanovich before he leaves. CHAIRMAN FRYER: Oh, okay. Mr. Yovanovich, don't leave yet. Sorry. Go ahead. MR. BOSI: There may be a challenge in terms of us arriving upon a quorum. CHAIRMAN FRYER: Yes. MR. BOSI: Just -- and I think there's -- I mean, we're not sure if Mr. Schmitt will be available that day. I'll have Andy reach back out to the Planning Commission members, because it sounds like Commissioner Vernon and Commissioner Klucik are both going to be absent that day. So we will have to confirm with Mr. Schmitt and Mr. Sparrazza if they're going to be in attendance. CHAIRMAN FRYER: All right. Mr. -- the vice chairman has already told us that he's going to be absent on May 4. MR. BOSI: Okay. So, then, it will be if we can't -- if there's an issue and Commissioner Sparrazza can't be in attendance, we may have to cancel that meeting, and it's going to put -- and there's four individual items that were scheduled for it. So it does start to put us in a little bit of a bind, but we'll deal with it as appropriate. I just wanted to make sure. And we'll -- after this meeting, we'll reach out to Commissioner Sparrazza to see if he is going to be available, and we'll Page 25 of 29 Packet Pg. 30 5.A.a April 20, 2023 let the rest of the Planning Commission know. COMMISSIONER VERNON: Yeah. And I don't think I can help with this, because I -- my schedule, you know, hearings are always subject to change, but right now I've got that motion for summary judgment starting at 10:00 a.m. CHAIRMAN FRYER: Understood. COMMISSIONER VERNON: I don't know when it's going to start and when it's going to end. So I just don't think I'd be dependable. CHAIRMAN FRYER: I understand. Commissioner Klucik. COMMISSIONER KLUCIK: Yes, just -- I wanted to kind of piggyback onto the discussion of the Ave Maria SRA kind of to plant a seed. And if we don't want to have the discussion now, that's fine, but I figured since we're already on the topic. I know there's likely to be land, you know, adjacent to the existing land that's likely to be developed, and I just wanted to have at least a short discussion about the idea of, you know, the limit that we have in the RLSA N program that would limit the size of a town like Ave Maria -- an SRA like Ave Maria and the idea c that, you know, we obviously expanded it for this project previously, which was why they were allowed to come in and have that petition today. And I just am wondering -- or at least we can start thinking about the idea that that seems like an artificial cap. If you are going to, you know, have the same community get larger, it seems like there would be benefit in incorporating that into an existing SRA rather than say, oh, you have to do a separate SRA, which is not really -- from what I can see, wasn't really what was envisioned,Ln that you would have this piecemeal approach to filling in. v CHAIRMAN FRYER: Okay. Let's hear from Mr. Bosi and then Mr. Yovanovich, and we will get back to the May 4 meeting question. MR. BOSI: That was part of the -- COMMISSIONER KLUCIK: And if I'm putting you on the spot, I'm sorry, Mr. Yovanovich. MR. YOVANOVICH: I've never been put on the spot before. m MR. BOSI: The size of -- the appropriate size of towns and villages were part of the rural -- or the RLSA amendment process that admittedly started in 2007, the review of it. It wasn't a adopted till 14 years later, till 2021. v We did increase the size of the town to 500 -- or to 5,000 acres. It's an issue we can revisit M with the Planning Commission and the Board of County Commissioners, but it would be a -- it c would definitely be a lift, in the sense, because once you open up the RLSA, I think you will start `� having other opportunities and other outside parties that want to propose other initiatives that could slow a process down. c But I don't disagree that the economies of scale that is provided for by adding to existing E towns seems like there is wisdom to that. So it's something that we will definitely have to have a conversation. And if the Planning Commission wants to raise that point to the Board of County a Commissioners for their evaluation and direction or direct staff to have a conversation with the Board about it to see if, you know, there was a desire to move forward with amending the RLSA again -- now, like I said, it took us 14 years to do it before, so I'm not sure how long it's going to take us to do this time. But if that's the desire of the Planning Commission, we could initiate that conversation with the Board of County Commissioners to see what direction they may want to provide. COMMISSIONER SCHUMACHER: How big is Ave Maria now? COMMISSIONER KLUCIK: We just -- MR. BOSI: It's close to -- at the -- when the Board would adopt this amendment, it's 5,980-some acres. The reason why it's above 5,000 is because the university is considered public -use benefit; therefore, it doesn't count towards the overall acreage. But they're right at the 5,000-acre cap right now. Page 26 of 29 Packet Pg. 31 5.A.a April 20, 2023 COMMISSIONER SCHUMACHER: And they still have SSAs in the bank? MR. BOSI: Well, they most certainly do. And Barron Collier has a number of SSAs and credits that are available to them. So there's most certainly -- and I'm not sure what their desire is in terms of -- to adding to this area. That would be -- to me that would be one of the things that would also -- could potentially spur the desire to amend the Growth Management Plan is if they had a specific desire to expand this plan -- expand the town and wanted to add to the existing acreage within that town, they could initiate a private -initiated GMP amendment to do just that. But this was part of the consideration, and the Board of County Commissioners was ultimately satisfied with improving -- or increasing the size of a town from 4,000 to 5,000 at the last attempt. But there could be a desire to provide more flexibility, as you've said. COMMISSIONER SHEA: Well, it would seem -- yeah. It would seem like -- from my concern is, as long as the sending and receiving component of it is met, they're developing in the areas that we want them to develop in, around a developed community. It would seem like -- I mean, within -- I don't know how I'd set a maximum on it, really, if they're developing properly, N and doing everything we want a town to do, as long as they're complying with the sending and c receiving. MR. BOSI: And when we were in front of the Planning Commission, I don't think the Planning -- the composition of the Planning Commission at that time didn't provide that suggestion to us. They were happy with the increased -- I mean, I think the Planning Commission was satisfied with the increase to 5,000 at the time. It sounds like this Planning Commission has a different perspective.Ln CHAIRMAN FRYER: Mr. Yovanovich, you were asked to stay back, so would you like v to be heard? You don't have to be. It's up to you. MR. YOVANOVICH: The only thing I would add is I would agree with what Mr. Bosi just said; it was a long process to get the last set of amendments through. I don't know that we have -- any of my clients right now have specific plans to go beyond a 5,000-acre town. It doesn't mean they may not in the future. And what I would agree with Mr. Bosi is should we find ourselves in that position, we can bring forward a private -sector Growth Management Plan m amendment to address that if -- if we're not already in another review process. So I think that it's only been two years that we've had these in place. a MR. BOSI: I would say two years since the amendment. We are on another -- so within v five years, we need to undertake the restudy of the RLSA. I mean, I'm not sure the timeline, if M that's sufficient for the Planning Commission, but that would be something that we most certainly c would want to analyze -- it would definitely be part of our critical review, the sizes of the villages and towns. 0 Do we want to increase those? Do we want to apply more flexibility? Maybe eliminate the hard caps, but just, you know, have relationship to satisfying your fiscal neutrality requirement, E satisfying the display of the necessary credits to be able to develop at that individual -- at that acreage or at those sizes, and then let the market determine what -- the ultimate size of the town. a Because the larger the size of the town, the more economies of scale you get, the larger arrangement of commercial uses that could be supported by that population; therefore, the self -staining nature of the town becomes even more so in that type of an arrangement. So I understand the wisdom and why we would probably want to go -- maybe that's the next time when we are reviewing the RLSA we have that in the back of our mind as the narratives that we want to at least put forward to the Planning Commission, put forward to the public, and put forward to the Board of County Commissioners. CHAIRMAN FRYER: Thank you. And the -- and for the record, the Big Cypress planned town is way under 5,000. It's, like, around 3,000, isn't it? MR. YOVANOVICH: You know what -- CHAIRMAN FRYER: Because each one of those was under a thousand. MR. YOVANOVICH: Correct. But the way that is being done -- and you'll be seeing Page 27 of 29 Packet Pg. 32 April 20, 2023 5.A.a this soon, so I guess we have to make sure we disclose this as ex parte communication -- is that it's an amendment to the Longwater Village village adding some lands, but it's being reviewed as if the three villages are part of the town. CHAIRMAN FRYER: Okay. MR. YOVANOVICH: So when you say 3,000, that's not technically correct, so I just want to make sure. CHAIRMAN FRYER: Okay. We have -- it's 10:27. We usually would take a midmorning break at 10:30. I've got three commissioners who are signaling to be heard. I'm going to ask the court reporter how long we should go before we take a break. We can always come back. THE COURT REPORTER: I'm fine. CHAIRMAN FRYER: Okay. All right. So we'll go to Commissioner Vernon. COMMISSIONER VERNON: Yeah. I think that the concept that Robb brought up's good. I think Mike and Rich agree the concept's good, but the downside is a Pandora's box. Why are we going to mess with something we took 14 years to get in place and everybody seems to be happy with? And a timeline might be five years from now. Especially if we go into a recession, the demand to make it bigger is going to lessen, probably, and then pick up again. And so I would propose we leave it alone, but I think that one of the key developers attorneys and the staff have an understanding that we're open to this concept and that it makes a lot of sense but only -- only at some date in the future. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. And, yeah, that was really my intent was to just make sure that we're thinking about the future. Yeah, obviously, we have -- the landowners might have totally different ideas about what they want to do with the land. So, you know, that's -- that's just my thought is it seems like the community that's there and the SRA that's there could be expanded further, and it would make a lot of sense. Is there actually -- Mr. Yovanovich, is there actually land still on the west side of Camp Keais Road, additional land that could be developed that's somewhat adjacent -- yeah, west of Camp Keais Road, but that's somewhat adjacent to the existing SRA? MR. YOVANOVICH: I'm going to go from memory of the pink portion of the open area map. My guess is yes, there is. I think this discussion is actually very helpful to the property owners out there to understand, you know, what might be positively received in the future with regard to future development out there, as Commissioner Shea pointed out. The map is very clear as to where we should develop and where we should establish SSAs, and then the form of the SSA is -- I'm sorry -- the SRA. This is a healthy discussion, and we can look at -- we can look at does it make sense to consider adding a village adjacent. I just don't know the exact answer, but the answer is, yes, there's more land out there that is in the open area. COMMISSIONER KLUCIK: Thank you. CHAIRMAN FRYER: Sir, did you want to be heard? (No response.) CHAIRMAN FRYER: No, okay. Commissioner Schumacher. COMMISSIONER SCHUMACHER: I was actually going to piggyback of Commissioner Vernon's statement there. It took 14 years to do the first one. It doesn't seem like it's broken. So why would we restart that study? CHAIRMAN FRYER: Okay. Thank you. And no one is signaling at this point. Do we need to loop back -- thank you, Mr. Yovanovich. Do we need to loop back and talk more about May 4? Do we want to have a special meeting or just not -- we just do what we can on May 4 if we have a quorum? Page 28 of 29 Packet Pg. 33 5.A.a April 20, 2023 MR. BOSI: We are -- and Mr. Youngblood has let me know that he has an email out to Commissioner Sparrazza to see if he's going to be available. I think his attendance will give us the required four for a quorum. If we get a response that says he's not available, then we may send out an email to the Commission to see if an alternative date would work just to be able to -- as a precaution -- because we do have -- the June 15th date is canceled, so it can put us into a pretty -- of a logjam. We were -- just to let you know, we had the two petitions that were forwarded, so we have 10 petitions we expect to get done in the next two -- the next three Planning Commission dates. CHAIRMAN FRYER: Okay. All right. So the possibility of a special meeting is on the table for consideration, and Mr. Bosi will get back to us when we hear from Mr. Sparrazza. Thank you. All right. No one else is signaling at this time. There's no further new business, I take it. And so public comment; anyone in the room who wishes to be heard on a matter that was not before us today? r (No response.) c MR. YOUNGBLOOD: Mr. Chairman, I don't have any registered speakers for this item. CHAIRMAN FRYER: Thank you very much. Without objection, we're adjourned. a� There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:31 a.m. COLLIER COUNTY PLANNING COMMISSION EDWIN FRYER, CHAIRMAN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 29 of 29 co ti Ln Ln N Packet Pg. 34 5.A.b May 4, 2023 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida May 4, 2023 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: N N r 7 C C Edwin Fryer, Chairman Paul Shea Randy Sparrazza Chuck Schumacher Ls Ln Amy Lockhart, Collier County School Board Representative N. ABSENT: Joe Schmitt, Vice Chair Robert L. Klucik, Jr. Christopher T. Vernon ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Director Heidi Ashton-Cicko, Managing Assistant County Attorney Derek Perry, County Attorney's Office Page 1 of 69 Packet Pg. 35 5.A.b May 4, 2023 PROCEEDINGS MR. BELLOWS: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. Good morning, ladies and gentlemen. Welcome to the May 4, 2023, meeting of the Planning Commission. Everyone, please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FRYER: Mr. Secretary, please call the roll, sir. COMMISSIONER SHEA: Mrs. Lockhart? MS. LOCKHART: Here. COMMISSIONER SHEA: Mr. Schumer [sic]? COMMISSIONER SCHUMACHER: Here. COMMISSIONER SHEA: Mr. Sparrazza? COMMISSIONER SPARRAZZA: Here. r COMMISSIONER SHEA: Mr. Klucik is not here. Mr. Vernon is not here. Mr. Schmitt c is not here. Commissioner Shea is here. Commissioner Fryer? CHAIRMAN FRYER: Here. COMMISSIONER SHEA: We have a quorum, sir. CHAIRMAN FRYER: Quorum of four. Thank you very much. With respect to excused absences, all three absences have been fully justified and are, ofLn course, excused. v Addenda to the agenda; Mr. Bellows? MR. BELLOWS: Good morning. We have no changes. W CHAIRMAN FRYER: Thank you. Planning Commission absences; our next meeting will be on May 18, 2023. Does anyone know if he or she will not be able to attend that meeting? COMMISSIONER SPARRAZZA: I should be good. m COMMISSIONER SCHUMACHER: I don't have any conflicts. 22 CHAIRMAN FRYER: All right. It all sounds good. Thank you. So we hope we will a have a quorum. v Then the meeting after that is June 1, 2023. Same question: Anyone know if he or she cUY, will not be able to attend that meeting? (No response.) 9 CHAIRMAN FRYER: Okay. Thank you very much. Approval of minutes; we have one set before us, those are of our April 6th, 2023, meeting. c Any corrections, changes, or edition to those minutes? E E (No response.) CHAIRMAN FRYER: If not, I'd entertain a motion to approve. Q COMMISSIONER SCHUMACHER: I'll motion. CHAIRMAN FRYER: Is there a second? COMMISSIONER SPARRAZZA: Second. CHAIRMAN FRYER: Further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor of approval, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) Page 2 of 69 Packet Pg. 36 5.A.b May 4, 2023 CHAIRMAN FRYER: It passes unanimously. Thank you very much. BC [sic] report/recaps, Mr. Bellows. MR. BELLOWS: Yes. On April 25th, the Board of County Commissioners approved the rezone for Justin's Village. That was a rezone to RMF-12. The vote was 5-0 subject to CCPC recommendations. On the summary agenda, they approved an LDC amendment for the CBIIZO, and then the Growth Management Plan amendment to add the U.S. 41 East Overlay was approved by the Board 5-0. CHAIRMAN FRYER: Thank you, sir. Chairman's report; none today. Consent agenda; again, none. ***Public hearings, advertised; the first out of the box today we will hear two companions. They are PL20220003426, the Immokalee Road Estates Commercial Subdistrict Small -Scale d r Growth Management Plan amendment and its companion, PL20210003428, the BCHD1 c Commercial PUDA. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. , Ex parte disclosures from the Planning Commission, starting with Ms. Lockhart, please. v MS. LOCKHART: Staff materials only. COMMISSIONER SHEA: Staff materials only. d CHAIRMAN FRYER: In my case, public record, meeting with staff, communications with applicant's agents. COMMISSIONER SPARRAZZA: Staff materials only. c COMMISSIONER SCHUMACHER: Meeting with staff and staff materials. m CHAIRMAN FRYER: Thank you very much. With that, the Chair recognizes Mr. Davies. a MR. DAVIES: Thank you, Mr. Chairman. v Good morning, Commissioners. Noel Davies with the law firm of Davies Duke on behalf M of the applicant, BCHD 1 Partners, LLC. I have the full project team with me here today. Eric Mallory is our client representative. 9 You'll hear from Chris Scott shortly, our land -use planner with Peninsula Engineering. Dan Waters, the project engineer, is also here from Peninsula Engineering, as well as Bruce Layman, our environmental expert. E This project was already approved unanimously in 2021, and all we're here for today is a slight amendment to reconfigure the project boundaries a bit and shift around some of the a developable area at the north end of the site only. In order to do that, we were required to go back through the public -hearing process, so this is our amendment to the existing PUD and corresponding GMPA. I think almost all of you were on the Planning Commission when this was previously approved. This is Barron Collier's project. It's located on the west side of Immokalee Road where it turns north at Randall. We're just north of the so-called Randall Curve mixed -use project. Our property is located at the existing traffic signal at Orangetree Boulevard and Immokalee Road. Here's what was previously approved in'21. All commercial up to C-3 uses, 200,000 square feet on just over 19 acres. Since that approval, my client has received some community feedback for more neighborhood -type uses. For example, an Ace Hardware -type user within a small commercial plaza. We do want to try to honor that request. But in order to do so, we would need to tweak the Page 3 of 69 Packet Pg. 37 5.A.b May 4, 2023 site layout a bit. Today, this portion of the PUD would only be suitable for, say, a bank or fast-food operator, two traditional outparcels, not a small hardware -store -anchored plaza. Chris Scott is going to walk you through the rest of the specifics, but the short of it is that we're seeking to add today just over two -and -a -half more acres at the very north end of the property, specifically 2.69 acres. That would allow us to reconfigure the location of some of the water management and preserve areas so that we get a bit more developable area to the northern end of the site. No vertical structures would be constructed on the two -and -a -half acres we're seeking to add. We are not adding any new uses to the permitted -use list, we are not changing any of our development standards, and we are not increasing any net trips from a traffic perspective. We are requesting that the 200,000 square feet of commercial be exchanged for 100,000 square feet of commercial and 130,000 square feet of self -storage, all of which would be indoors. But because self -storage use has less trips than traditional C-3 commercial uses, there's no net trip N increase. And we are actually increasing the amount of preserve, landscape buffers, and open c space. Again, Chris will share those specific numbers and those specific increases. So even though there's no material increase in intensity, we're required to go back through c the public -hearing process, and that's why we're here. The location of the area we're seeking to reconfigure is only the northern portion of the site. If you look at the side -by -side here of the existing Master Concept Plan approved in '21 on the left versus the proposed Master Concept Plan, you'll see that we're shifting preserve to the newLO acreage. Then that gives us a bit more developable area in this northern C Tract. This section of v the PUD is the only section we're seeking to reconfigure. Everything else stays the same. No changes to the southern portion of the site. W And because of that, there is a condition from staff that staff is proposing. Staff has reviewed the applications and is recommending approval with this one condition that we do object to, respectfully. The thinking behind that is that the portion of the PUD, as I mentioned, this northern portion that we're seeking to change, is nowhere near the subject area where staff wants an m enhanced buffer, which is over here. The staff condition purports to require a 6-foot-high wall and additional clusters of palm a trees, three palms every 16 to 24 feet, none of which was required by the original approval. The v original approval included, in this area of the site, a standard 15-foot Type B landscape buffer. M Staff recommended approval of that. This Planning Commission unanimously recommended approval, and the Board of County Commissioners approved it unanimously. c u� The subject area, again, here, where staff is seeking this extra buffer, it's already heavily vegetated in this area. The Type B buffer should be more than sufficient to provide the needed buffering. E My client actually already obtained an SDP for a portion of this area where the enhanced buffering is now being requested by Comp Planning staff. And the county's SDP staff did not a require that enhanced buffer. So we've got a serious inconsistency here amongst staff. It doesn't make sense, and it's a significant and unnecessary additional cost to my client. We've tried to work through this with staff in good faith. Unfortunately, we're at an agree -to -disagree posture. We are already providing a 5-foot-tall hedge and shade trees every 25 feet. The immediately abutting property owners in here (indicating) are not requesting this, especially given the dense existing vegetation from Fourth Street Northeast and the project boundary. And so the bottom line is that this was not required before. We're not touching this portion of the PUD and subdistrict, and we shouldn't all of a sudden be required to enhance the previously approved buffer. So we are respectfully asking that you dispense of that staff condition. And with that, I will turn it over to Mr. Scott to walk you through the rest of our Page 4 of 69 Packet Pg. 38 5.A.b May 4, 2023 PowerPoint. Thank you, Mr. Chairman and Commissioners. COMMISSIONER SHEA: I've got a question. CHAIRMAN FRYER: You're not lit up, but go ahead, Commissioner Shea. COMMISSIONER SHEA: It's lit. CHAIRMAN FRYER: Not over here, it's not. COMMISSIONER SHEA: What's the cost of what the staff is looking for? MR. DAVIES: I don't believe we've done a calculation of that. It's the difference between -- well, it's -- in addition to the 5-foot hedge, it's an additional 6-foot-high wall over this portion of the property right in here (indicating), through the linear footage of that, plus three additional shade trees every 16 to 24 feet. CHAIRMAN FRYER: Someone from the control room, please come in. My deliberator is not working. It's not reflecting the names of the people who are signaling to be heard. Anyone else wish to be heard at this time? COMMISSIONER SPARRAZZA: No, not yet. c CHAIRMAN FRYER: Okay. Thank you. MR. SCOTT: For the record, Chris Scott, planning manager with Peninsula Engineering. I'll be relatively brief since Noel gave such a good overview of the project. Again, this is the location. As Noel had mentioned, this PUD was initially approved along with the GMP subdistrict in 2021. Since the approval, the westernmost 361 feet that is not colored in, it's 1.49 acres thereLn along Fourth Street, has been sold and conveyed to the adjacent property owner on the north side of v that. That was a developer commitment that was included in the initial PUD. Subdivision plans were approved last September. As part of that subdivision plan approval, the landscape plans consistent with the PUD approval were approved. The site has been cleared. We have had a number of projects that have been approved already on the southern four commercial tracts. Tract D, there's a McDonald's that already has received SDP approval. Tract B, which is the southwestern commercial tract, has been approved m for a self -storage facility. And then we've had two -- well, we've had one existing pre -application meeting for a a proposed NCH medical office on Tract A, which is located here (indicating). And then there is v a -- it has not been scheduled yet, but there is a pre -application meeting in the process of being M scheduled for another neighborhood health clinic on the southeast commercial tract. As Noel stated, this amendment is solely dealing with the addition of property on the north c side of Orangetree in order to reconfigure the preserve shown in the darker green, and the u� commercial Tracts E and F as shown on the north side of Orangetree Road -- or Boulevard. As Noel mentioned, there is a slight change to the approved intensity. This actually E results in less intense commercial intensity that was originally approved. The commercial intensity will go from 200,000 to 100,000 square feet, and we're breaking out that self -storage use Q that was previously approved and capping that at 130,000 square feet. Again, it doesn't change the permitted uses, the development standards; there's no increase in trips that were approved, and that doesn't affect the four southern commercial lots that have already been subdivided, and some of them have already received site plan approval. Again, these are the existing and proposed Master Concept Plans. This table kind of shows the changes in areas that were shown on the Master Concept Plans that were originally approved and the proposed master plan. The PUD rezone also does include one deviation related to the property. That would be to the north of -- on the northern side. That deviation is related to parking requirements. The architectural standards require that you limit the amount of parking between the front facade of a building and the adjacent roadways. We have a commitment in our PUD that we are maintaining to provide internal access to Page 5 of 69 Packet Pg. 39 5.A.b May 4, 2023 the northern and southern parts of the site. With that, and the desire to keep parking away from the residential uses, we're asking to be allowed to provide 100 percent of the parking between the building and Immokalee Road. Staff has stated they are in support of this deviation. The other clarifications that were made, we were asked to add the word "indoor" prior to air-conditioned mini -storage. We updated the legal description to reflect the additional acreage. The preserve requirement is updated. And then we've updated some of the development commitments that pertain to what could happen to that western 361 feet to acknowledge that that land has already been conveyed to the adjacent Estates property owner. Again, staff has recommended approval with the condition for an enhanced buffer along this southwest portion of the site. As Noel, I think, explained, we respectfully object to that condition. Again, the amendment is related to the northern portion of the site, and there are no material changes that warrant an enhanced buffer at this time at that location. I do have some slides that would show from Fourth Street over to our project site if you'd like to see it to visualize how the existing landscaping there shows -- I'll go ahead and show it. N But it shows that the existing landscaping along Fourth Street shields our development from that c side. So these kind of -- starting from the northern portion of Fourth Street, you can see it's a lot c of existing pine and native vegetation, and then as you move further south, this is looking directly east towards Immokalee Road. And unless you have other questions, I'm happy to answer those or... CHAIRMAN FRYER: Thank you. , The deliberator is not working, so if anyone has a question, we'll have to do it the v old-fashioned way. Commissioner Sparrazza. W COMMISSIONER SPARRAZZA: Good morning, and thank you for your presentation. If we could bounce back to maybe four, five slides before the question area. In your description, I believe you had Tract B at one point being self -storage, correct? MR. SCOTT: Correct. W COMMISSIONER SPARRAZZA: Is that now being all added together to the upper area, 22 which is now self -storage? So you're not going to have two self -storage units? a MR. SCOTT: No. The only self -storage has already been approved in SDP, and it's v located on Tract B, which is the southwest commercial lot right here (indicating). M COMMISSIONER SPARRAZZA: Okay. Then what is the large building that's going up in the most northern section of it? I apologize, I thought that was -- you were shifting the 9 self -storage to the northern area, but that's incorrect? MR. SCOTT: That is incorrect. c COMMISSIONER SPARRAZZA: All right. So what is that large building with all the E parking to the east of that tentatively looking to house? MR. SCOTT: Yeah. That would be a neighborhood shopping center, and the intention a would be to -- COMMISSIONER SPARRAZZA: Yeah, up -- there you go. MR. SCOTT: A neighborhood shopping center, and we were working to hopefully have it anchored -- COMMISSIONER SPARRAZZA: Anchor store. MR. SCOTT: -- with a small hardware store. COMMISSIONER SPARRAZZA: Okay. Self -storage has not increased? MR. SCOTT: Correct. COMMISSIONER SPARRAZZA: You have reduced the overall commercial by about 70- or 100,000 square? MR. SCOTT: Total square footage went from 200,000 to 230,000 square feet, the overall square footage -- Page 6 of 69 Packet Pg. 40 5.A.b May 4, 2023 COMMISSIONER SPARRAZZA: Okay. MR. SCOTT: -- but we have broken it up to 130,000 of self -storage and -- COMMISSIONER SPARRAZZA: A hundred of general -- MR. SCOTT: --other commercial, which would be 100,000. COMMISSIONER SPARRAZZA: -- commercial. Okay. And the buffer to the most east side of where all the parking is, I recognize you have an access road that might exit to the north, but the buffering, we'll call it, on the east side of that road to block visual of the cars is what? MR. SCOTT: The 20-foot Type D buffer. COMMISSIONER SPARRAZZA: Okay. Okay. Very good. Thank you for your answers. I appreciate them. MR. SCOTT: Thank you. CHAIRMAN FRYER: Thank you. Any other planning commissioners have questions or comments? r (No response.) c CHAIRMAN FRYER: I have a few. And in full recognition of the talents and capabilities of Mr. Davies, who's done a good job in presentation and advocacy, nonetheless, I think it would behoove us to step back a little bit and look at a couple of things. First of all, when we approve a PUD or a GMP, it involves a rather delicate balance of burdens and benefits that are in front of us at the particular time. And when an amendment comes , back and a different set of burdens or benefits is asked for, in my view -- and it's always been my v view, and I think it's staffs view, that it really puts everything on the table. So it's not unfair or inappropriate for staff to take another look at, for instance, in this case, the condition from the standpoint of what, in its judgment, would be in the best interest of Collier County. So I just think that needed to be said. And the other thing that I wanted to point out was the trip -- the trip cap will go -- the needed trips will go down from your current 681, because we all know that storage -- storage is a m very low -impact use, and you're going to have considerably fewer trips on the road if the majority of your square feet is going to be storage. a So it seems to me that since p.m. peak -hour trips are the coin of the realm in the county, v and everyone wants them, and we want to be sure that we don't leave, unnecessarily, too many trip M caps -- or trips in the hands of a developer who doesn't need them, it seems to me we need to give serious consideration to reducing those trip caps. 9 And, finally, the -- and, again, no fault at all to Mr. Davies the way he characterized it, but, basically, what we're talking about is increasing commercial from 200- to 230,000. I don't have a problem with that, but I just want to be sure that it's been stated in that fashion. E Having said that, anybody else want to be heard? (No response.) Q CHAIRMAN FRYER: Before we go to staff, anything else from the applicant? MR. DAVIES: No, Mr. Chairman. I would like to respond to your comments, but after staff. CHAIRMAN FRYER: You're welcome to. MR. DAVIES: After staff. CHAIRMAN FRYER: Oh, okay. That's fine. Then we'll hear from staff at this time. MS. HANSEN: Good morning. Rachael Hansen with Comprehensive Planning. Nancy and I have a brief presentation to contextualize the condition that we are requesting. That one's -- there is, again -- sorry about that. Okay. So the applicant has already given you an overview of the application for the two companion petitions and, like I said, we just wanted to provide some context for the conditions that Page 7 of 69 Packet Pg. 41 5.A.b May 4, 2023 we are imposing -- or, rather, the single condition that we're imposing for the Growth Management Plan amendment as well as the PUD rezone. So for site -specific Growth Management Plan amendments within the Golden Gate Area Master Plan, we typically impose the neighborhood center subdistrict language for a 75-foot buffer. When this was adopted in 2021, that buffer -- and to clarify, that buffer is used when Estates residential directly abuts commercial zoning. So, again, when this was adopted in 2021, that buffer was not used. And so upon this rereview, staff is recommending an enhancement to the Type B buffer that was approved to mitigate for those existing conditions along just the southern portion of that western boundary that the applicant did point out. And so for the Growth Management Plan amendment, the subdistrict text refers directly to the provisions in the PUD language. And so I will let Nancy go ahead and discuss the specifics of that PUD language. CHAIRMAN FRYER: Thank you. r Ms. Gundlach. c MS. GUNDLACH: Good morning, Commissioners. For the record, I'm Nancy Gundlach, principal planner with the Zoning division. And I just wanted to mention, the previous speaker was Rachael Hansen, and she's also a principal planner, but she's with Comprehensive Planning. And also, Commissioners, just for the record, I'm also a licensed landscape architect, so I'm speaking about the buffer today. Okay. This is -- this is the view of a typical -- and this is at infancy -- 75-foot-wideLn preserve separation in the Rural Estates adjacent to commercial. And we have that on part of the v BCHD on the northern portion, okay, and -- however, on the southern portion, where you see that yellow highlighted line, we just have a minimum Type B buffer. W And we took some photographs while we were out doing a site visit. And this shows the BCHD next to and adjacent to a residential property, and you can seethe residence there. And here's a view where the proposed NCH offices are going to be installed, and you can see that there's not much obstruction there, and certainly not a 75-foot-wide buffer. m I took a picture, so you can see what a Type B buffer looks like. It's a hedge with trees 25 feet on center, and that happens to be next to a storage facility, which we have proposed here as a well. �? And that is what was presented at the pre -application meeting for the NCH offices, and you'll see the other concern we have as staff is we have parking similar to what we have in the photograph there that will be right next to a Rural Estates residence. So that is the reason we're requesting an enhanced B buffer. You know, keeping in mind normally we have 75-feet requirement there. We're not asking for 75 feet. This is -- this is our compromise. Just supplement the 15 feet that are already there with a 6-foot-high wall and trios of palms at staggered heights just so that initially we can get a little bit better buffer going between commercial and Rural Estates residences. And with that, I'm happy to answer any questions you might have. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Could you explain again -- I didn't fully grasp what you said about what was in effect at the time that the original PUD was approved without the wall and why it wasn't in effect at that time. MS. GUNDLACH: Do you want to respond? MR. BOSI: Mike Bosi, Planning and Zoning director. I'm not sure in terms of effect at the time. The PUD was approved with a Type B buffer along the western edge of the PUD. Staff s recognition that traditionally, within the Rural Golden Gate Estates, when you have commercial that abuts Estates lots, we have a 75-foot buffer. Now I wasn't -- I wasn't involved with the original rezone, and so I'm not sure what the discussion was, Page 8 of 69 Packet Pg. 42 5.A.b May 4, 2023 but we felt that that was inadequate. That's a 15-foot-wide landscape buffer that was approved when -- the GMP, the Growth Management Plan, states that when you have commercial next to residential for Estates lots, it's a 75-foot buffer to protect those residency [sic]. We felt that asking for the addition of a wall within that B [sic] with some enhancements was an adequate compromise to protect those existing residents. One of the uniqueness -- and Mr. Noels -- or Mr. Davies expressed that there was disagreement among staff because the SDP staff didn't require -- didn't require a wall. Well, what's approved in the PUD is a 15-foot Type B buffer, so a wall wouldn't be required. So there's not disagreement. The SDP staff was only -- was enforcing what the regulations were. A sidenote, within our land development when you have commercial next to residential, a wall is required. It's required when -- anytime that you've got a commercial property that's being developed next to a residential property. But because this is in an Estates zoning district, it's a subdivision of the agricultural zoning district. It's not zoned residential; therefore, a wall is not required by our LDC. It's somewhat of a loophole. So every condition within your urbanized area -- every condition within your urbanized c area, a wall is required next to residential when you have commercial. The Golden Gate Estates has a provision that says, we are rural. We want to maintain ourselves rural. So when you have commercial next to Estates lots, we want a 75-foot buffer to really kind of buffer our residences from those commercial properties. This was approved with a 15-foot buffer with no wall requirement. Staff, we reserve the right to get smarter. And when you open up a PUD -- and I understand they're not affecting the , southwest properties, that it's more towards the northern area that they're adding properties in the v arrangements going forward, but we felt it was appropriate at least to raise the question that we feel that there's better protection that would be provided by the addition of the wall and that we W feel -- the question was, what's the justification? Well, I rely upon the Growth Management Plan to say that's the -- those are your goals, objectives, your policies. Those are -- your highest regulatory document that's supposed to guide development. That requires a 75-foot buffer when you have commercial next to Estates lots. m So we feel asking for a wall to be added to the Type B buffer with some enhancements is 22 appropriate and is supported by the Growth Management Plan, by the Golden Gate Area Master a Plan. v COMMISSIONER SHEA: So would you accept the 75-foot buffer? M MR. BOSI: I wouldn't -- would I accept -- if we were at the beginning, we would -- that's where I think our starting discussion point would be. 9 COMMISSIONER SHEA: Okay. MR. BOSI: But we recognize that that horse is kind of out of the barn. But we do think adding a wall to -- not even increasing the size of the buffer. We're not asking for additional E buffer. We're not asking for additional size within the buffer. We're still comfortable with that 15-foot, we think that that wall would at least block the headlights for -- if you saw the site plan for a NCH, the parking spots were -- if you're going in forward, you're going -- you're looking right at -- and you saw the photos of the cleared lots. Those properties will have light intrusion upon them at least until that Type B buffer is five -- is adequate to provide a little bit more opacity. So for all those reasons, that's why staff is suggesting it. We're not requiring it; we're not imposing. We're suggesting that this would be an enhancement that could protect residential Estates -zoned properties as promoted and as stated within the Golden Gate Area Master Plan. CHAIRMAN FRYER: Commissioner Schumacher. COMMISSIONER SCHUMACHER: So the current buffer is 5 feet, correct, 5 feet in -- MR. BOSI: Fifteen. COMMISSIONER SCHUMACHER: Fifteen feet in height. And does that go in at 15 feet, or is that just a proposed growth height that will eventually get to? MS. GUNDLACH: It's 15-feet-wide buffer. Page 9 of 69 Packet Pg. 43 5.A.b May 4, 2023 COMMISSIONER SCHUMACHER: But the height of the plantings going in is -- MS. GUNDLACH: The height of the trees going in are 10 to 12 feet tall. COMMISSIONER SCHUMACHER: Scrubs going in are -- MS. GUNDLACH: Shrubs can be planted between 4 and 6 feet tall. MR. BOSI: And on your screen you're going to -- what you're seeing, that is -- COMMISSIONER SCHUMACHER: I see that. Those aren't close to 4 to 6 feet. That's like an infancy there. But the question comes back to, I don't understand -- and maybe Mr. Davies can kind of chime in here -- is it a cost issue, or is it just an argument of we just -- we were approved for this, and we don't want to go back? I'm trying to -- and I understand where the staffs coming from because, quite frankly, if I lived on that property and had headlights coming in, I'd be your biggest nightmare. So I'm trying to figure out what is the conflict here in between this request. MR. DAVIES: Sure. Thank you, Commissioner. So I've got a number of points to rebut, and I'm happy to answer your question and also tie N that into the rebuttal. c I'm trying to think about headlights for medical office uses that aren't going to be open at night, so that doesn't make sense to me. But I think this is a bigger issue of precedent when you open back up a PUD, okay. The code says what it says. The Growth Management Plan says what it says. There's no -- I think everyone -- everyone understands and wants to try to apply the regulations, you know, in place at the time, but I want to unpack that a bit further as well.Ln So I think from a precedent perspective it's important to think about any time -- so if you v support staffs -- oh, and this is not mine, but that's fine. If you support staffs position here, I think you want to be careful in thinking about the precedent of opening every single PUD up or Growth Management Plan subdistrict in that even if you're doing what we're doing, which is just tweaking the northern portion of the site, every single thing is potentially up for grabs for new requirements. The neighborhood center concept that Mr. Bosi talked about -- and, again, all due respect to Mr. Bosi, Ms. Gundlach, Ms. Hansen. I think it's important that we walk through the actual legal language that's being cited to in the Growth Management Plan. So I'm going to try to put a this on the visualizer. v CHAIRMAN FRYER: Well, before you do that, are you now at rebuttal, or are you going M to want to speak again after we hear from the public? MR. DAVIES: I would like to reserve the right to speak after the public. 9 CHAIRMAN FRYER: All right. So are you in the process, then, of answering the commissioner's question still, or are you going beyond that? MR. DAVIES: I'm just trying -- E COMMISSIONER SCHUMACHER: I understand it's going to come in rebuttal, and if I have more, I'll ask him at that point in time. So if we -- we can -- a MR. DAVIES: I'm happy to reserve until after the public, and if there's more questions -- CHAIRMAN FRYER: Yeah, I'd rather do it that way -- MR. DAVIES: Sure. CHAIRMAN FRYER: -- because I've got some questions for staff as well, and just not to break it up -- MR. DAVIES: Sure. CHAIRMAN FRYER: -- if you don't mind. Thank you. Ms. Gundlach, did you want to be heard? MS. GUNDLACH: Yes. Commissioners, I just wanted to bring to your attention Comprehensive Planning has a slight tweak to the subdistrict language that we'd like to share with you at this moment. Would that be okay? CHAIRMAN FRYER: Of course. Page 10 of 69 Packet Pg. 44 5.A.b May 4, 2023 MS. HANSEN: Rachael Hansen, again, for the record. So the final item in the subdistrict language that lists the Type B landscape buffer, we've changed that to read, "The Type B landscape buffer along a portion of the western property line shown on the PUD master plan shall be enhanced in accordance with the CPUD provisions." So the only change there is just adding that language that says "a portion of the western boundary." We didn't want to imply that it was the entire western boundary within the subdistrict text. CHAIRMAN FRYER: Thank you. MS. HANSEN: That's the only change. CHAIRMAN FRYER: Thank you. Thank you. No one else is signaling at this point. So I'm going to ask if Mr. Sawyer could come forward, please, if he's here. Oh, there he is. COMMISSIONER SHEA: He's here. CHAIRMAN FRYER: Mr. Sawyer, I want to talk, of course, about traffic. And we've been schooled at your hand for a number of years with respect to the N considerably lower impact that self -storage units have in relation to other commercial uses. And I c think your points have always been well taken, and I think it aligns with common sense that fewer people are going to come visit their stored merchandise, their stored property, than are going to come to, you know, a retail outlet, for instance. And so right now the entitlement for the PUD as it was previously constructed was, I think, for 681 peak p.m. trips, and that was for 200,000 square feet of commercial uses. Now we're going to 230,000, but fully 130,000 of those are going to be uses dedicated to self-storage.Ln So my question for you, sir, first of all, generally, do you anticipate a reduction in the v needed peak p.m. trips given this proposed change? And my second question is, if so, could we quantify that? MR. SAWYER: Certainly. For the record, Mike Sawyer, Transportation Planning. There would be a significant difference between what is currently in the PUD itself from a trip standpoint and what is now being proposed. What the agent did submitting this time was just simply showing that there would -- the combination of the uses that they're doing is actually going m to wind up being less than the current PUD itself. We don't -- they didn't provide that differential number between what they've got now. What we simply have is a reflection of what was a originally permitted. v CHAIRMAN FRYER: Well, I'm asking for your best judgment in being conservative in M your estimates in favor of the applicant, but what number could we assign that would be more reasonably related to the new uses proposed? 9 MR. SAWYER: Quite honestly, I'd want to go back and actually take and actually do a calculation on that number. We want to make sure that we had that correct for 130 square feet [sic] of self -storage and the 100,000 of commercial. E CHAIRMAN FRYER: All right. Thank you. Then I have a question for Mr. Davies, please. We had a conversation about this when we a spoke yesterday, and I wasn't able to read you altogether perfectly as to whether you would be willing to reduce that number and, if so, by how much; would you comment on that? MR. DAVIES: Yes, sir. I needed to talk to my client, and I have done that this morning. I think in concept it's fine. We don't object to the concept of reducing the trip -- the max trips, right, the max p.m. peak -hour trips, which there's a cap on the prior approval. As has been shared today, what we're proposing has less trips than that, and I think your request, Mr. Chairman, is that the applicant would agree to a reduction in the trip cap that corresponds with the reduction in intensity that's contemplated by the proposal. CHAIRMAN FRYER: Exactly. MR. DAVIES: The short answer is, yes, we were able to agree to that. The tricky part is how, right, and what that calculation is. We've got some time between -- I think our BCC hearing's June -- Page 11 of 69 Packet Pg. 45 5.A.b May 4, 2023 CHAIRMAN FRYER: Well, I'm going to stop you right there. MR. DAVIES: -- 13th. CHAIRMAN FRYER: My proposal is going to be that if we can't -- if we can't come to an agreement today, my proposal would be that we continue it so that you can determine what you think you could reduce it to and so staff can also come to a number. I don't want to just send it off incomplete like that, so... MR. DAVIES: Can I offer a suggestion to that, Mr. Chairman? CHAIRMAN FRYER: Sure. MR. DAVIES: Rather than continuing today, I think -- I'm sure that the -- you know, the client team -- and we don't have a transportation expert here because one was not required because of the reduction. But I think that a condition could be imposed that the Planning Commission's recommendation would be that this corresponding trip reduction be reflected in the trip cap number, and we just need to figure out what that number is. So that's, as Mr. Sawyer pointed out, a calculation that can be done by county staff, a calculation that can be done by a transportation w d engineer. My client is willing to hire a transportation engineer to do that calculation -- c CHAIRMAN FRYER: All right. MR. DAVIES: -- and then we reach an agreement on what that actual number is since we can't do that. CHAIRMAN FRYER: Okay. But we all agree, do we not, that a reduction is in order in order to truly reflect the number of trips? It's just a question of how much; isn't that correct? MR. DAVIES: That's correct. There's no objection to that concept, sir. , CHAIRMAN FRYER: All right. Okay. Well, then, I think maybe we could work with v that. I just -- I don't want to send it off without any understanding with respect to a reduction going to the Board of County Commssioners because, frankly, they expect us to do that level of detailed work, but if we impose some parameters on it -- and I think the words you've used are good ones -- that we might be able to get beyond that. So thank you for that. MR. DAVIES: Thank you. CHAIRMAN FRYER: All right. Anything further from staff at this point? MR. BOSI: Nothing from staff. CHAIRMAN FRYER: Okay. Ms. Pedron, do we have any members of the public a who've registered to speak? v MS. PEDRON: Good morning, Mr. Chairman. Our first speaker is John Pelletier. CHAIRMAN FRYER: That -- is that a person in person? MS. PEDRON: Yes. 9 CHAIRMAN FRYER: All right. MR. PELLETIER: I came in person. CHAIRMAN FRYER: Please approach the podium, sir. You've been sworn in, I take it? E MR. PELLETIER: Yes, I was sworn in. CHAIRMAN FRYER: Okay. Thank you. a MR. PELLETIER: I'll put some documents on there to show that. Good morning. Good morning. John Pelletier. I live on this street right next to the development here, and buffering is all we have on this street, you know. I know we're not talking about the 47 acres next to it with the four-story apartments -- and there's also another storage unit on that one, too. I felt like I needed to mention that. So four years ago or, well, maybe three years ago, we were promised -- that was approved right there (indicating). So I went with pink on the preserve here, and then I went with yellow on the Estate properties. And I'm glad that I did get to see that there is a stipulation about buffering here, because this preserve was really thick, if you look at it -- and I'm going to show what they're going to propose. In my guess, 300 feet maybe. That's a guess. I don't know if anybody wants to say otherwise, but -- and then down there the lower is that three-story storage unit. So a lot of Estate property back here. I've talked to the owners to the left of the water Page 12 of 69 Packet Pg. 46 5.A.b May 4, 2023 management, and he's somewhat distraught, and he's not coming to talk about this, so that's why I'm here. So this is what's being proposed. Look how thin it is. It got a lot thinner, and that C is much bigger. That's all this is. So I'd ask for a little leeway here and approve, no matter what -- either nix the whole idea -- because the preserve was there. We were promised that during the neighborhood informational meeting, and now it's being changed, and I don't like that. So if this does go through, please consider what staff is recommending with the wall, but also I'd like to enhance that. And this idea was mentioned at the current neighborhood informational meeting. Yeah, so there's the yellow that they're proposing. Now, the pictures that were shown, Mrs. Nancy there, that is a tepid water management pond. It's really ugly right now. So this is what I'm proposing, and if you please maybe go with me on this. That area I just drew, extend the whole thing, a wall, trees every 25 feet, a four -foot hedge, and three cabal palms d r within the 25-foot buffer or the trees. c You don't come across very often, that I know of, that you have a four-story -- or a three-story storage unit right next to Rural Estates. So I can see why the yellow is definitely needed. But you can actually see -- sorry, I'm a little nervous. But you can actually see from the street -- the street's right here. You can see straight through there, right over that pond, right into that. So that's all I'm asking. CHAIRMAN FRYER: Okay. Thank you, sir. , Next speaker, please, Ms. Pedron. v MS. PEDRON: Mr. Chairman, we do not have additional speakers. CHAIRMAN FRYER: I think there may be a problem with your mic. W MS. PEDRON: Mr. Chairman, we do not have additional speakers for this item. CHAIRMAN FRYER: All right. Okay. Any questions or comments from the Planning Commission before we -- MR. YOUNGBLOOD: Mr. Chairman. m CHAIRMAN FRYER: Yes. MR. YOUNGBLOOD: We have one online speaker that just changed his mind. CHAIRMAN FRYER: All right. Okay. We'll hear from that person, please. MR. YOUNGBLOOD: Ty Vigil is our next speaker. Mr. Vigil, can you hear us? MR. VIGIL: I can hear you fine. Canyou hear me? CHAIRMAN FRYER: Yes, we can, sir. Please proceed. MR. VIGIL: Awesome. I'll be quick; I won't take five minutes. I'm concerned about the commercial creep. Our area has made substantial concessions with Randall Curve, and then there's a shopping center on the east side -- or the east side of Palmetto Ridge High School with another 450 apartments. Randall Curve is going to be 450 apartments, some outparcels. That property was originally zoned ag. It went a large jump from ag to mixed -use commercial, which is a big jump from the transitional -use standards as applied by the Collier County Commissioners. So to continue this commercial creep north -- I'm not opposed to some kind of development, but not necessarily a hard warehouse, commercial, industrial project. If the applicant would like to purchase additional land as a buffer, please do so, but keep it agricultural use. You don't have to change the zoning to keep -- landscape isn't a zoned proposal. So, I mean, that's just really the standpoint -- I'm sorry I can't be there, as a lot of us can't be, can't take time off of work and go across town to sit at a meeting. But I think I can speak for most of our neighbors in the community that we're very much opposed to a commercial creep, a hard commercial, but would be receptive to something of more of a soft commercial play such as a church or an assisted living facility or something as we go further north to the Oil Well Road Page 13 of 69 Packet Pg. 47 5.A.b May 4, 2023 corridor there, that intersection there. So that's my only comment; very much opposed to commercial creep. CHAIRMAN FRYER: All right, sir. Thank you very much. Anybody who has not registered to speak, nonetheless, would like to be heard on this matter, please raise your hand. (No response.) CHAIRMAN FRYER: Seeing no raised hands, we will close the public comment segment of this hearing and call upon Mr. Davies for rebuttal. MR. DAVIES: Thank you, Mr. Chairman. So a number of comments in response that I previewed a bit earlier. The mention of other projects; I've got to say that your decision -making today is based on the petitions before you, not other projects. I do want to walk through, as I mentioned, the Growth Management Plan language that I think staff is saying applies to this property. So I'm going to try to do that on the visualizer. Okay. Okay. This is the Rural Golden Gate Estates Sub -element, right? So this is the c portion of the Future Land Use Element of the Growth Management Plan that could potentially apply to the subject property. Remember that we're in an already approved subdistrict. It's a subdistrict that's site specific that was previously approved in 2021. This is the section for Estates. You can see Estates designation here. Then you walk to Estates mixed -use district, residential Estates subdistrict. It starts to go through the mixed-useLn subdistricts, okay. This is the neighborhood center subdistrict. There are a number of provisions v that apply to the neighborhood center subdistrict. Two, three pages. I'm now on Page 12 of this document which cites -- I've got an arrow here that -- I think staffs referencing for the 75-foot separation. That is a provision that applies to the neighborhood center subdistrict. We are not in the neighborhood center subdistrict. We're in our own subdistrict. Yes, we are seeking to amend that subdistrict pursuant to this process. We're not governed by other provisions within other subdistricts. m I'd also like to put on the visualizer the map. This is the county's future -- excuse me -- Rural Golden Gate Estates Future Land Use Map. Sorry, I've got to turn this the right way. a There we go. Where are we going here? Okay. Here is Immokalee Road. This is Immokalee v Road going east/west, okay, traversing east -- I'm sorry. Up here. r, MR. SCOTT: I'll point at it while you're -- MR. DAVIES: Yeah, that would be good, Chris. Going this way, okay. 9 Okay. So here's Immokalee Road, and then it turns -- we're right here, yeah. Right here is our subdistrict, is the point I'm trying to make, okay. That's color coded on your map. That's based on the approval in 2021. These red outlines are neighbor center E subdistricts. The provision that staffs citing to applies to the neighborhood center subdistricts outlined in red. There's the legend. It doesn't apply to our subdistrict, so I don't think it's a appropriate to borrow provisions from one subdistrict and force them upon another subdistrict. MS. ASHTON-CICKO: This project received a commercial designation in an area where it was previously not allowed. I think staff is telling you that they would have required that, or they would right now be requiring that, but they don't think they can. I think for compatibility you can require whatever you think is necessary for this project and make that recommendation to the Board. CHAIRMAN FRYER: Thank you. MS. ASHTON-CICKO: And, actually, I think that the provision that he's showing actually supports the argument, you know, but that's going to be for you to determine, and you've heard staff s input today. CHAIRMAN FRYER: Thank you. MS. ASHTON-CICKO: But I don't want you to think that you can't require it, because I Page 14 of 69 Packet Pg. 48 5.A.b May 4, 2023 think that's what you're being told. CHAIRMAN FRYER: I appreciate that. Thank you. Mr. Davies. MR. DAVIES: My point is that you -- I think it's important that you understand the origin of the provision that staffs citing to. It's not this subdistrict. You certainly have discretion, but there has to be a legitimate basis for requiring additional buffering, especially when you're dealing with a previously approved project. This was not required when this came through in 2021, and now that we're opening up a small portion of it, it's being required or recommended by staff. MS. ASHTON-CICKO: And you have the ability to require that if you want for compatibility, and I think you heard testimony from staff that they would be requiring it but they don't feel like they can, and I think they can. CHAIRMAN FRYER: I agree with the County Attorney. And, furthermore, I -- Mr. Davies, you and I do not agree, apparently. In my view, this is not the same PUD. This is a different PUD, whether you like it or not. And when you come forward wanting a change, I N believe it puts everything in play. And I think that everyone who then must pass judgment on it, c staff, this commission, and the Board of County Commissioners, need to review from the standpoint of what we believe is in the best interest of Collier County. And so that's exactly what I think we're about here. MR. DAVIES: Understood, Mr. Chairman. CHAIRMAN FRYER: Okay. Commissioner Sparrazza. COMMISSIONER SPARRAZZA: I may be a little ahead of the game, but if we want toLn break this down to, I believe, a simple fact, currently you have been granted a 15-foot Type B v buffer, correct MR. DAVIES: Correct. d COMMISSIONER SPARRAZZA: -- with 6-foot trees and 4-foot hedges, whatever, and the county is suggesting, to be neighborly to your friends to the west, that you still maintain that 15-foot-wide buffer, include those trees, but add a 6-foot wall at least for the southern portion, as it wasn't suggested or required for the rest, but we did have that gentleman just make a request for that. If we were to keep it to the southern portion only, we're talking about whatever that linear footage is, to be neighborly, to work hand in hand with the county and your neighbors to add the 6-foot wall. Is that what it boils down to? MR. DAVIES: Yeah, that's the staff condition, sir; that's the recommended condition. COMMISSIONER SPARRAZZA: Okay. So that's something that this board, the county, you, and your client need to discuss and come to an agreement to, really, on the basis of doing the right thing. What you've been promised before may or may not play into it because this is being reviewed and revised as a project, whole or partial; doesn't matter at this point. But it comes down to probably the cost of that 6-foot wall for however many hundreds of feet that is to, quote, do the right thing, correct? MR. DAVIES: No, I don't agree with it as being "do the right thing." I think these proceedings are governed by regulations of the county. I think that you need to consider the precedent argument that I made. We're only dealing with the very northern portion of the site. And, in fact, we're doing that to try to accommodate some of the feedback we got from the community to try to create more neighborhood -style uses, rather than the outparcels, which is what I explained in my presentation. COMMISSIONER SPARRAZZA: Right. MR. DAVIES: So I don't think that it's, respectfully, Commissioner, appropriate to position this as no wall is not doing the right thing and adding a wall is doing the right thing. There has to be -- there has to be proper legal basis, and there has to be appropriate thought behind these requirements. Page 15 of 69 Packet Pg. 49 5.A.b May 4, 2023 COMMISSIONER SPARRAZZA: Okay. MR. DAVIES: The property owner has property rights. Those rights are not simply subject to provisions in other subdistricts. COMMISSIONER SPARRAZZA: Right. The original proposal in'21 had a 100,000-square-foot mini self -storage unit, correct? MR. DAVIES: So the original approval, it had 200,000 square feet of commercial uses. It was very generalized. So there was 200,000 square feet of commercial, and then you got a list of permitted uses, which is C-1 through C-3 uses. And -- COMMISSIONER SPARRAZZA: C-1 through C-3. MR. DAVIES: -- self -storage was included within that, correct. There wasn't a specific allocation to it. COMMISSIONER SPARRAZZA: There was not, all right. My mistake. But you have now gone to the point of 130,000 square on the self -storage and roughly 100- on the general commercial -- w d MR. DAVIES: That's right. c COMMISSIONER SPARRAZZA: -- 100,000 square [sic] upon the northern area? MR. DAVIES: Correct. COMMISSIONER SPARRAZZA: Okay. I'd like to reserve, possibly, other questions later on. a� CHAIRMAN FRYER: Thank you. One other point where we may not agree on, Mr. Davies, is having to do with precedent. , And it's a learning process being on this county Planning Commission; I've been up here since v 2017. One thing I've learned from repeated admonitions from our County Attorney, Mr. Klatzkow, is that there is no such thing as precedent for us; that each of these deals is specific and unique and stands on its own 2 feet. And so I think I've learned that lesson to the point that I'm not really willing to entertain statements that we're setting a precedent. I just don't think we do. a� Anything else, sir? m MS. ASHTON-CICKO: And the self -storage use, they're here because it doesn't fall under the C-1 or C-3 uses, so it's a higher intensity. a CHAIRMAN FRYER: Right. Mr. Davies? v MR. DAVIES: It's not a higher intensity with respect to the trips generated. r, CHAIRMAN FRYER: It's higher intensity, lower impact. MR. DAVIES: Correct. c CHAIRMAN FRYER: Yeah, I agree with you. u� MS. ASHTON-CICKO: C-4 -- C-4, C-5. CHAIRMAN FRYER: Yeah. E COMMISSIONER SPARRAZZA: Self -storage. MR. DAVIES: And was previously included in the permitted -use list. c° Q CHAIRMAN FRYER: Yeah. It is considered -- it's considered higher intensity, but I think it stands -- the way I understand self -storage -- I don't -- I mean, it's intense in that there's bricks and mortar, so in that sense it is, but when I think of self -storage, particularly nowadays, and the reason I'm more favorably inclined to approve self -storage the way that Collier County developers are doing it is because, first of all, it ends up looking like office space, which I think is a visually appealing and, second, it's very low impact from a traffic standpoint. So, you know, if I were voting on whether to go -- you know, go back and grant you the C-4 or C-5 use, whatever self -storage is, I would have -- I would have voted to approve that. I probably did. MR. DAVIES: You did. CHAIRMAN FRYER: Yeah, okay. So anything further, sir? Page 16 of 69 Packet Pg. 50 5.A.b May 4, 2023 MR. DAVIES: Nothing from me. CHAIRMAN FRYER: Okay. Anything further from staff? MR. BOSI: Staff will -- MR. DAVIES: Mr. Chairman, I think Mr. Scott has more comments. CHAIRMAN FRYER: All right. Mr. Scott, you have the floor. MR. SCOTT: Thank you. Again, Chris Scott, for the record. I just wanted to point out -- you had mentioned unique circumstances, and I want to put on the record that BCHD has worked extensively with the abutting property owners throughout this process. We have a very good working relationship with those Estates residents who are directly adjacent to the property. And to the point we've constructed fences for them, they are not here objecting. And I just wanted to point that out. But the uses that are going in on the southern commercial where staff is recommending the enhanced buffer and walls, one, it's a self -storage, which is somewhat of a benign use as far as d r trips. And the medical office, which would be opened up during the daytime, it's not going to be a c nighttime use to where you're going to have headlights as some of the higher commercial uses that would be allowed within the development, which would not justify the wall requirement. So I just wanted to -- CHAIRMAN FRYER: Thank you. And I -- and that certainly is noted for the record. I don't have extensive experience with you, sir, but I'm sure you're of the same frame of mind as Mr. Davies, with whom I do have experience, and I know that he's -- he endeavors to beLn flexible and rational and working with all parties to see if he can't work something out. So I'm v confident that's the case. Commissioner Schumacher. COMMISSIONER SCHUMACHER: Mr. Scott, did you say that you constructed fences? Because when the staff showed some pictures there, I didn't see any fencing in that abutting property that was there. MR. SCOTT: Yeah. I'm not sure where they were taking those pictures from. There was a portion of a fence that was on an adjacent property that had to be replaced that we took over. I don't know -- it was a portion of the -- if I can -- a COMMISSIONER SCHUMACHER: But you're not saying you didn't construct a fence v along the site to those adjacent properties to those properties -- to those owners? cUY, MR. SCOTT: It was in this area. COMMISSIONER SCHUMACHER: Okay. On that site. 9 MR. SCOTT: But, again, we've had a very good working relationship with the Thamels, who reside here, and they are the property owner who acquired this piece; the Hardies, who own this property; and the property owner to the south. They live in Colombia. But we have been E working with them throughout the original PUD application and -- since then, as construction's been going on, and have an excellent working relationship with them. a COMMISSIONER SCHUMACHER: Okay. Thank you. CHAIRMAN FRYER: Thank you very much. Anything further on rebuttal, Mr. Davies? MR. DAVIES: Nothing further. Thank you, Mr. Chairman. CHAIRMAN FRYER: Thank you, sir. At this point it behooves us to -- oh, I'm sorry. Mr. Bosi. MR. BOSI: Yeah. You had asked if staff had some additional. I think Mr. Sawyer had something to add, and I just wanted to add -- CHAIRMAN FRYER: Thank you. MR. BOSI: After Mr. Sawyer, I just wanted to add a little bit as well. CHAIRMAN FRYER: Thank you. Mr. Sawyer. MR. SAWYER: Yeah. Again, Mike Sawyer, Transportation Planning. Page 17 of 69 Packet Pg. 51 5.A.b May 4, 2023 We do have an estimate, and this is just an estimate, on what the potential trip cap could be, at least as a starting point. Additionally, we want to mention that there have already been SDPs that have been approved for the project for the overall PUD. So that would also need to beat least considered in what a new trip cap would be. But just going off of the standard ITE numbers, including pass -by, the number would be approximately plus or minus 410 p.m. peak trips. CHAIRMAN FRYER: All right. So we're at 681 now, I believe. MR. SAWYER: Correct, yes. CHAIRMAN FRYER: Plus or minus what, again? MR. SAWYER: Plus or minus 410. CHAIRMAN FRYER: Okay. MR. SAWYER: And, again, that's just an estimate. That would be a starting point. CHAIRMAN FRYER: Okay. I understand. w d Mr. Davies, did you want to comment on that? And then Mr. Bosi. c MR. DAVIES: So, I mean, I can't agree -- have my client agree on the fly to that back -of -the -napkin calculation. Again, the concept is not objectionable. We will have our transportation engineer look at Mr. Sawyer's calculation and work with Mr. Sawyer like he does on a number of different projects. And, again, I think, for purposes of the record, Mr. Chairman and Commissioners, we are agreeable to a commitment to work with staff to reduce the trip cap in accordance with the corresponding reduction in intensity that this proposal includes.Ln CHAIRMAN FRYER: All right, sir. Thank you. Ln N. Mr. Bosi. MR. BOSI: And I just wanted to clarify, staff recognizes that they have their own individual subdistrict, and their individual subdistrict has the specifics related to the requirement or non -requirement for their buffers. I do want to point out within the Rural Golden Gate Estates, the commercial -- the conditional -use subdistrict also requires a 75-foot buffer when you have a nonresidential use against Estates lots, as well as the Randall Boulevard commercial subdistrict requires a 75-foot buffer when you have commercial uses against an Estates -zoned lot. So what we were saying, the Golden Gate Area Master Plan, the rural sub -element in three instances of subdistricts where you have nonresidential uses next to Estates lots requires the 75-foot. We are asking for a wall because we think that enhances the buffering, and that's just -- I just wanted to clarify that position. CHAIRMAN FRYER: Thank you very much. Anything further from the Planning Commission? (No response.) CHAIRMAN FRYER: If not, then we will take the case for deliberation and decision. If I may begin a summary, perhaps, to point the discussion. I think both parties have agreed that a reduction in peak p.m. trips is necessary. Staff and the applicant have agreed to endeavor to come to an agreement on the amount of that reduction, and if they can, that agreement would be presented to the Board of County Commissioners, and if they can't, then each of staff and the applicant would offer their recommended number -- reduction number for the Board of County Commissioners to decide. So I think, without objection, is there anyone on the Planning Commission who disagrees with my summary of where I think we are on that point? (No response.) CHAIRMAN FRYER: Okay. So then the second point, which I think maybe is open and in need of some discussion, has to do with the condition about the 6-foot wall on the southern portion. And staff has proposed that it be on the southern portion only. We've heard from a member of the community wanting it to go all the way up north as well. Page 18 of 69 Packet Pg. 52 5.A.b May 4, 2023 And I would like to know what the Planning Commission feels about that, and first recognizing Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Quick to the button. This is a difficult situation. Obviously, it's been in discussion for two, if not three years, probably longer in the entire planning. But I would personally like to see some type of a collaboration between what the county wants, what possibly the neighbors want, although they are not here, I recognize it, other than this one gentleman that stated, and maybe there's something even easier for both parties or all parties to agree upon. For example -- and I'm not an expert -- if the wall on the southern portion is financially a burden to the developer, is there something we can do as far as slightly taller vegetation and maybe slightly closer together but do it for the entire western perimeter that maybe comes into the price point of the wall for just the south, but now you've enhanced your property by your property not seeing into neighbors' yards and, of course, the other way around, where the neighbors don't see into your property, with a more visual pleasing higher -density vegetation along, we'll call it, almost a sideways T on all of the western area. Just a point to possibly discuss amongst us and the petitioner to see what we can do to c make both parties happy without an exorbitant amount of money placed as a burden to the developer. Just as a discussion point. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Yeah. I feel like Commissioner Sparrazza, but I don't think we're going to get there. I happen to support staffs position. As far as the wall up north, youLn have a lot more protection with the water management and the preservation which is -- area, which v is going to grow in. And I'm not worried about a precedent either. I take Jeffs comments very seriously when I first joined that every case is going to be heard on its own merit and doesn't W establish a precedent for the future. So where I'm heading is I support the staffs recommendation with your caveat on the trip cap. a� C MS. ASHTON-CICKO: So that's just on the southern part? COMMISSIONER SHEA: Yes -- 22 CHAIRMAN FRYER: That's the staff -- v COMMISSIONER SHEA: -- the staffs recommendation. CHAIRMAN FRYER: Thank you. Commissioner Schumacher. COMMISSIONER SCHUMACHER: So going back to the wall thing, which is -- I can understand Mr. Davies and his client saying this is what was approved, this is what was needed. That's what they're falling with. I understand staff, where they're coming from, and I do believe there has to be some type of compromise there. If the height is on 6 feet, perhaps the client and the county could agree on, perhaps, maybe a berm, so you're still using your same plantings, but maybe you're building a berm to get to that 6-foot height instead of putting a 6-foot wall up. I can understand, from a maintenance aspect, that would be difficult, because you've got a 6-foot wall. You've got to paint on both sides and also maintain. Perhaps if the height is the stickler here, is there a way to work that out? Because, I mean, Mr. Scott you're the project manager. You're moving dirt right now, correct? MR. SCOTT: Chris Scott, for the record. Yes, the site is currently under construction. (Simultaneous crosstalk.) COMMISSIONER SCHUMACHER: I mean, does that seem like it could be something you guys could come together on? I mean, I'm just --I understand what you're saying with the buffer and the height that was required. I understand what staff -- I'm just trying to get this a little bit closer together. MR. SCOTT: Yeah. In terms of the berming, I don't think there's enough room in there Page 19 of 69 Packet Pg. 53 5.A.b May 4, 2023 to meet our required -- I'm not the project engineer, so bear with me. COMMISSIONER SCHUMACHER: Gotcha. MR. SCOTT: I will note that the buffer that does go along that entire perimeter where you were highlighting -- so it does go around the entire perimeter of both -- along the northern side of the preserve, the western side of the preserve, the western side of the stormwater, all the way around the other stormwater and down to the southern boundary. That is all a Type B buffer. And staff previously had put up some pictures of a buffer where you saw really minuscule scrubs. Those -- that may have been a Type B buffer, but that may have been at time of planting. The Type B buffer is required to have 80 percent opacity up to -- be fully opaque, basically, up to 5 feet, which is almost equivalent and can be maintained higher, a minimum of 5 feet. So it could be maintained at a higher level to be fully opaque up to 6 feet, your scrubs, and then you also have the trees, which are the large shade trees, planted every 25 feet, and those large shade trees have a 25-foot spread. So that is what's in there. It's not going to be a sporadic opening. But in terms of berming, there's not enough space within that location to provide additional N berming. c COMMISSIONER SCHUMACHER: Got it. Thank you. CHAIRMAN FRYER: Thank you. Let me say a few things here. First of all, we're barely at quorum here with four voting members, and so in order to send a recommendation to the Board of County Commissioners, we're going to have to be unanimous, and I loathe the idea of not being able to send a recommendation -- what? COMMISSIONER SPARRAZZA: Do we only need three?Ln CHAIRMAN FRYER: Doesn't it take -- doesn't it take more than three to send N something, or is it a majority of the quorum? MS. ASHTON-CICKO: I think it's -- W MR. BOSI: Majority of the quorum. CHAIRMAN FRYER: Three? Okay. All right. Well, I stand corrected. Thank you very much. All right. All right. So we're going to need -- we're going to need three out of the four in order to send something on. And my apologies for misstating that, but thank you for correcting me. And I don't -- I don't want to see us splitting 2/2, because then that is no recommendation. So to summarize where I think we are, both -- we've got two points. Both parties have agreed that a reduction is appropriate. They haven't yet come to terms with the amount of that reduction. It sounds like it's going to be significant. The applicant is going to go back to its experts, and the county will go back to its experts, and then they will collaborate and try to come up with a number. But we know that there's going to be a reduction; that part has been agreed to. So by sending that to the Board of County Commissioners without an exact trip count doesn't offend my sensibilities because there's been a significant concession by all sides that there's going to be a reduction. So I'm okay with that. COMMISSIONER SHEA: Can we put the caveat that that has to be agreed upon before the commissioners' meeting? CHAIRMAN FRYER: We could. But let's -- you know -- well, let's hold that open for a moment. Now, on the second thing, the wall, if we don't -- if we don't take a stand of some kind -- and, personally, I am not espousing the need for a northern -- a wall extending north on the west side. I'm not going that far. That's a wall too far for me. But I do accept and agree with the county's recommendation about a 6-foot wall on the southern portion. Now, if we were to have a recommendation that says 6-foot wall on the southern portion, that doesn't preclude further conversations, including conversations that there be no wall at, all between now and the Board of County Commissioners. It's just that we've gone on record supporting the staff -- staffs recommendation. So it is my hope that we can have a motion along those lines, number one, about the Page 20 of 69 Packet Pg. 54 5.A.b May 4, 2023 reduction, as I expressed it and, number two, that we approve and concur with staff s recommendation for a 6-foot wall on the southern portion recognizing that that doesn't foreclose further discussions between the applicant and the county between now and the Board of County Commissioners. So having said that, are there any -- COMMISSIONER SHEA: So moved. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER SCHUMACHER: Second. CHAIRMAN FRYER: All right. And before we take a vote I just -- I don't want us to go into 2-2. So I'd appreciate if someone's going to vote against that, please let us know, and we can re -craft a -- all right. It doesn't sound -- COMMISSIONER SPARRAZZA: We're good. CHAIRMAN FRYER: Okay. It sounds like we're good. So that -- does anybody need N further clarification of the resolution that we would be voting on? c (No response.) CHAIRMAN FRYER: It seems like -- oh, here comes Ms. Gundlach. MS. GUNDLACH: Commissioner, are you supporting just the wall or the supplemental palm plantings as well? CHAIRMAN FRYER: I am wanting the full staff recommendation, so the palm plants as well as the wall. I misspoke. Thank you for --Ln MS. GUNDLACH: Thank you. v CHAIRMAN FRYER: I'd ask the mover and the seconder if that's part of their COMMISSIONER SHEA: Yes. W COMMISSIONER SCHUMACHER: Yes. CHAIRMAN FRYER: Okay, it is. All right. Okay. Good. Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor of approving the application both -- and this is a joint vote -- both on the GMPA and the amendment to the PUD -- no EAC vote is required -- with those two conditions, as I've expressed, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you. Thank you, applicant, staff, members of the public. MR. DAVIES: Thank you, Mr. Chairman and Commissioners. Thank you. CHAIRMAN FRYER: Thank you. All right. It's 10:22. Let's take a break right now, and we'll return at 10:35. (A brief recess was had from 10:22 a.m. to 10:34 a.m.) MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. * "Ladies and gentlemen, next to come before us is PL20190001540, which is the Brookside Marina rezone. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) Page 21 of 69 Packet Pg. 55 5.A.b May 4, 2023 CHAIRMAN FRYER: Thank you. Ex parte disclosures beginning with Mr. Lockhart, please. MS. LOCKHART: Staff materials only. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: All right. Public record, meeting with staff, and communications with applicant's agents, and site visit. COMMISSIONER SPARRAZZA: Staff materials only. COMMISSIONER SCHUMACHER: Staff materials and a meeting with staff. CHAIRMAN FRYER: Thank you very much. Mr. Brooker, you have the floor, sir. MR. BROOKER: Thank you, Mr. Chairman. My name is Clay Brooker. I'm with the law firm of Cheffy Passidomo here in downtown Naples on Fifth Avenue South. I represent Naples Marina Holdings, LLC, which owns the lands known for decades as the Brookside Marina. The matter before you today is a request to rezone the submerged lands or N waters generally associated with the marina. c With me today is John Giglio. He is the owner of the property, the sole member of the LLC which owns the property; Hans Wilson, professional engineer and principal of Hans Wilson & Associates, a marine engineering and environmental consulting firm; and Stephanie Caldwell, professional engineer and principal of Greensite Engineering. On the screen is an overall aerial. The applicant of the property. The applicant, my client, Naples Marina Holdings, owns this property, approximately 7.6 acres. It's located -- let'sLn see. Here's Davis Boulevard. Here's the East Trail. Brookside Drive, to orient yourself. So it's v just east of Tamiami Trail East on Davis Boulevard. This property, the 7.6 acres, as you can see here, contains both uplands, here (indicating), W and privately owned submerged lands. CHAIRMAN FRYER: With apologies, Mr. Brooker, I'm going to have to interrupt you because I've gotten another technological problem. I need to call for someone from the control room. The very same thing has happened again. I've lost my availability to see people signaling m on the deliberator. 22 Sorry to interrupt, sir. MR. BROOKER: No worries. Usually technical difficulties happen with me, so I'm perfectly happen that it happened to you. The next slide is an aerial of the actual subject property that's at issue here today. The subject application involves only this parcel comprised primarily of the submerged lands. Here is the zoning map -- the county's zoning map for the area. You'll see that the subject submerged lands are currently zoned RSF-4, or Residential Single -Family 4. The associated uplands that my client owns here are zoned C-4 commercial. Before I address this slide, there are three fundamental premises of this application. First, we are seeking permission to reinstall wet slips in the submerged lands that have existed for decades, albeit with a temporary pause over the last few years, which I'll explain in a minute; number two, the subject property submerged marina use and wet slips are the only logical, reasonable use that can be put to this property; and then, third, the submerged lands are owned privately by Mr. Giglio. They are manmade. They are not waters owned by the state. While subject to regulation by the DEP and the Army Corps of Engineers because they are navigable waters, they are not subject to a sovereign submerged land lease. Now, I'd like to take a couple minutes to show you that what we're proposing is no different than what has existed at this site for decades. CHAIRMAN FRYER: Mr. Brooker, pardon me again. Just to correct -- or to be sure I understand the current status of the basin, there is sort of a dividing structure in this picture. Is that -- is there a dividing structure right now? MR. BROOKER: A dividing structure? Can you -- Page 22 of 69 Packet Pg. 56 5.A.b May 4, 2023 CHAIRMAN FRYER: Yeah. When you look at the vertical piece, the basin, there's something going on in the middle of it. MR. BROOKER: Here? CHAIRMAN FRYER: Okay. But the picture that you have on there has a divider in it, but the divider is gone right now, correct? MR. BROOKER: Correct. And I'm going to show you much more legible aerial photos once we get to that point. CHAIRMAN FRYER: Sorry to interrupt. MR. BROOKER: So what we're proposing here today is no different than what has existed at the site for decades. In fact, what we're proposing is less intense, a fewer number of wet slips that were there previously. On the screen is an aerial from 1979. Here is Rock Creek coming in from Naples Bay, essentially, or Gordon River. This is -- this is natural. All of this here is created by man in the 1960s. It was dredged. That means these are submerged lands that are privately owned. My N client owns these waters here, and the Brookside neighbors that own these lands right -- this c property here, they all, for the most part, own the submerged lands that abut their properties, with the exception of a couple swaths of land that as owned by the Brookside HOA. So all of this land is privately owned. "Land" meaning submerged land. So this aerial shows that from no later than 1979, some 42 years ago, the western basin, which I'll call right here (indicating), held numerous covered wet slips, and then on the uplands you can see the marina building which still exists today.Ln Fast -forward about three decades to 2012, first and foremost, you'll see that the covered v boat slips in the western basin continue to exist at this time. And, Mr. Chairman, hopefully this gives you a little bit more clarity. These three fingers, W if you will, are all covered wet slips. That's what has been in existence or was in existence since at least 1979. A few years prior to this aerial photograph, in 2002 or 2003, the DEP, the Army Corps, and the county approved additional slips, the slips you see here along the southern shoreline. m For installation of those slips, these submerged lands were dredged to remove any contaminated sediment, and the additional slips were then installed. These additional slips here a continue to exist today. I just wanted to show you that in 2003 the county did approve, through a v Site Development Plan amendment, the addition of the 39 slips here. cUY, I just give this aerial to give a different perspective of what it looked like for the first decade or so of the 2000s. Here are the submerged lands at issue, and here you see the three 9 fingers of covered wet slips; however, in 2014 -- well, this is a 2014 aerial. What this shows is sometime between 2012 and 2014 -- I believe it was 2013 -- a predecessor owner removed those covered wet slips from the western basin due to their dilapidated state. E Prior to that removal, these waters held a total -- or what was approved for the site was a total of 234 slips, 137 in the water and 97 on the uplands. So that was what was approved in the a first -- in the first decade of the 2000s. After these covered wet slips in the western basin were removed, the submerged lands were dredged a second time to remove any contaminated sediment. Then in 2018, Naples Marina Holdings, my client, Mr. Giglio, purchased the property. Mr. Giglio entered into a lease with Freedom Boat Club to use these boat slips that still are there today. There is no formal relationship between Mr. Giglio and Freedom Boat Club other than as landlord and tenant. Freedom Boat Club is a tenant on the property. As previously stated, Mr. Giglio's goal is to reinstall the wet slip in the basin, albeit at a lower number than had existed for decades. This slide shows the conceptual layout of the proposed reinstallation, it shows 73 slips in the western basin, for a grand total of 112 wet slips in the submerged -- in the subject submerged lands. If you recall, a total of 137 wet slips previously existed in the submerged lands for decades. Page 23 of 69 Packet Pg. 57 5.A.b May 4, 2023 This layout proposes 25 fewer than what previously existed. The first step in achieving this goal was to secure permits from the DEP and the Army Corps, and that has been done. Here is the DEP permit that was obtained in 2018 by Naples Marina Holdings. This permit approves the conceptual site plan that you just saw. Our focus then turned to the county, hoping it would approve the 73 wet slips through the Site Development Plan process, just like the county did back in 2003; however, we were advised that a rezone is required, and so we are here. The rezone request before you today seeks a rezone to a limited restricted C-4 which basically allows marina uses. The rezone, if approved, would be restricted as shown here. At the top, these are the permitted uses, essentially, a marina, and whatever's associated with a marina: Piers, walkways, boatlifts, and so forth. Number two is water transportation to passengers. This is akin to a water shuttle or a water taxi. A water taxi could moor at the marina and take customers to Tin City, for example. Water transportation services; that allows for commercial boat rentals, like a fishing guide. And then, finally, number four, amusement and recreation services. That is the zoning c lingo for recreational boat rentals. Prohibited uses would be liveaboards and personal watercraft such as Sea-Doos, jet skis, WaveRunners, those sorts of things. County staff is recommending approval of this application, having found it consistent with the county's Growth Management Plan and its Land Development Code. In fact, the county's land -use regulations prioritize and prefer this site for marinaLn operations. Here is Policy 10.1.1 of the Conservation and Coastal Management Element of the v Growth Management Plan. You'll note here the priorities for water -dependent and water -related uses, which is what we're talking about here. The first priority is recreational facilities. This site doesn't lend itself to recreational facilities. The second priority is public boat ramps. While a ramp has existed for decades on the uplands, it's private. The site would be overwhelmed if open to the public. And I also imagine that the Brookside neighbors to the north would not want to open this site to unlimited public use. And the next priority use in the Growth Management Plan is marinas. So the county's Growth Management Plan prioritized this site for marina use. The application before you a implements this prioritization. v You also note, in Objective 10.1, above the reference to the Manatee Protection Plan. M Here is a summary of the Manatee Protection Plan codified at Land Development Code Section 5.05.02. The Manatee Protection Plan is the county's only land -use regulation that specifically 9 addresses how many slips are authorized at any given marina site, and it does so in this way. It takes a look at three criteria: Water depth, native marine habitat, and manatee abundance. I'll spend a few seconds on each. E Water depth; they're just making sure there's at least four feet mean low water. Native marina habitat; they're looking for existing seagrasses, salt marshes, manatees, things that manatees a like. Manatee abundance; the way they apply that criteria is they look at watercraft -caused manatee deaths within a five -mile sphere, a circumference around the site. When you apply all those three criteria, three ratings can be assigned: Preferred, moderate, or protected. And based upon those ratings, boat slip densities are imposed. If you are preferred, you get 18 boat slips for every 100 feet of shoreline; moderate is 10; protected is 1. The county has confirmed that this subject site ranks as a preferred site. It checks all the criteria I just described. And with the amount of shoreline we have here, that Manatee Protection Plan authorizes up to 311 boat slips on this site. So while the Manatee Protection Plan authorized a total of 311, the proposal before you today seeks permission for 112. That's just 36 percent of what the Manatee Protection Plan authorized for this site. The county encourages outreach to surrounding neighbors for land -use applications like Page 24 of 69 Packet Pg. 58 5.A.b May 4, 2023 this one, and the rezone process requires one neighborhood information meeting. As you can see by this slide, we have gone beyond what the code requires in this regard. We have had two neighborhood information meetings and several other meetings and phone calls. In my opinion, the communications have been amicable and informative. I happen to have personal friends who live in the Brookside neighborhood. We've learned of the neighborhood's concerns and taken efforts to address them. Perhaps the most repeated and discussed concern was excessive speed of vessels traveling in Rock Creek to and from the marina. So Mr. Giglio asked me to investigate. I learned that since 1979 the county has designated all of Rock Creek as ISNW, idle speed, no wake; however, Fish and Wildlife -- Florida Fish and Wildlife Conservation Commssion, which has preempted regulation in navigable waters in state law, designates Rock Creek as SSMW, slow speed, minimum wake, which is slightly faster than ISNW, idle speed, no wake. Regardless of the speed designation, I toured Rock Creek on my own boat and noticed that there are no official vessel speed zone signs anywhere within or at the entrance to Rock Creek. N So we contacted Fish and Wildlife back in early 2022 to ask them about the speed c designation and lack of signs. We spoke to Captain Yanez and Lieutenant Lynn. They responded that on March 2022 they took a vessel, unmarked, through Rock Creek and witnessed no problems. No excessive speeds. Moreover, they emphasized that there were no watercraft -caused manatee deaths in Rock Creek, no boating accidents in Rock Creek, and no complaints to Fish and Wildlife about vessel speed in Rock Creek; therefore, Fish and Wildlife told us that they are disinclined on their own to change the speed zone or post additional signage.LO Not to be discouraged. I then researched state law to try to find out any other ways we v could try to get Rock Creek designated ISNW, idle speed, no wake. I discovered one statutory section that recognizes a possibility of ISNW designations 300 feet on each side of blind turns in W narrow creeks. In my opinion, we have two blind turns in Rock Creek as you travel to and from the marina. So I drafted this letter and sent it to the county in May of 2022. Essentially, it asks the county to propose to Fish and Wildlife -- which again has exclusive control over speeds in m navigable -- ISNW zones around the blind turns. The law does not allow private property owners like Mr. Giglio to make such proposals, but it does permit local governments to do so. a So as we sit here today, Mr. Giglio's done everything he can as a private property owner on v this issue. We fully support any efforts by the county to continue to push for ISNW zones, and my M client has offered to bear all the cost of installing and maintaining any approved speed zone signs. It is my understanding that the county staff has made efforts in this regard. They have 9 engaged with Fish and Wildlife, but I hear that they have received the same chilly reaction that I did. c Moreover, back in July of 2022, the County Commission did authorize staff to engage a consulting firm to study Rock Creek in this regard. Several months ago, a firm did submit a proposal to gather data on boat speeds in Rock Creek, and the cost of that Rock Creek boat speed survey is $24,000. I'm not aware of whether staff has accepted that proposal, but I can say that, based on my experience with Fish and Wildlife on this issue, I'm not sure the survey will actually persuade Fish and Wildlife to do anything other than leave Rock Creek as a slow speed, minimum wake speed zone. At the second neighborhood information meeting in July 2022, we made several other offers to the Brookside neighbors after hearing their concerns conditioned, of course, on the rezone being approved, and here they are. I'll run through them quickly. First, we agree that the existing boat slips -- the existing docks on that southern shoreline would not be extended any further north into the basin to ensure that there would be clean and easy access to the Brookside neighbors' docks and homes that live on Harbor Lane right at that location. Second, we would install two cameras within the marina basin. We are still working on that today. Technologically, it might be a little difficult due to distance of WiFi, but we're Page 25 of 69 Packet Pg. 59 5.A.b May 4, 2023 working on that. Fish -- Freedom Boat Club would explore cooperating with Mr. Harms, who owns a property right there at the entrance of Rock Creek, to install a third camera at the entrance. Freedom Boat Club is to send a manned vessel to the entrance of Rock Creek to have a person monitor the activity at anticipated high -use times. Naples Marina Holdings would offer 10 additional cameras to property owners along the waterfront or Harbor Lane and Rock Creek, first come, first serve, so they can monitor themselves. What we're hearing -- and for -- by way of explanation, the cameras, what we've heard is a boat goes by, it might be going too quickly. It can't capture it quickly enough to report it to Freedom Boat Club. So these cameras would record and would be able to send video snippets to Fish and Wildlife and to Freedom Boat Club and take action against the offending vessel captain. Naples Marina Holdings would offer one wet slip to a marine law enforcement vessel. The idea there is that would theoretically increase patrols up and down Rock Creek and just serve as a deterrent by being there. r And then, finally, you see the liveaboards and personal watercraft prohibitions. c MS. ASHTON-CICKO: Clay, some of those commitments are from Freedom Boat Club. Does your client control that company? MR. BROOKER: We do not, but the condition could be made clear that we would -- the client, the property owner, would take full responsibility. MS. ASHTON-CICKO: Okay. Thank you. CHAIRMAN FRYER: And in our conversation yesterday, Mr. Brooker, you indicatedLn that your client would agree to include these points in the conditions of approval. v MR. BROOKER: That is correct. CHAIRMAN FRYER: Okay. Thank you. MR. BROOKER: Since the second neighborhood information meeting back in July, we haven't heard much from the neighbors; however, we have since learned that they have been busy. Over the past -- over the last few months, two or three neighbors have lodged many complaints with various agencies: Collier County Code Enforcement, fire marshal, DEP, Collier County sheriffs. And that's fine. We expect nothing less than to be held responsible for compliance with all applicable codes, regulations, and permits. a Some of the complaints were just fishing expeditions for violations. No pun intended. v And the responses from the agencies were that no violations exist; however, other complaints cUY, resulted in the finding of noncompliance issues. And in every such case, once we were alerted, we resolved the issues. As I stand here today, I am not aware of any outstanding noncompliance 9 issues with the site. I'd like to now take a couple of minutes to address some of the issues the neighbors have raised and explain what was done to resolve them. Around the time Mr. Giglio purchased the E property, a temporary -use permit was obtained from the county for the placement of a temporary trailer on the uplands to serve a dual purpose, a construction management office for repairs to the a existing on -site buildings damaged by Hurricane Irma which had hit in 2017, and the second purpose for the trailer, an office from which Freedom Boat Club could temporarily administer its operations. Repair and construction work began in 2019; completed in 2022. Thereafter, Freedom Boat Club moved into a permit building on site, which is where they are today, and for the last few months of 2022, the temporary trailer sat vacant. It was removed from the site with the help of a crane in January this year. During the construction period, the temporary -use permit expired. By code, such permits have a two-year lifespan. No one realized it, not even the county, that is until one of the neighbors lodged a complaint with Code Enforcement. Code Enforcement contacted us and, ultimately, the trailer was removed before any Code Enforcement hearing. Gazebo. Freedom Boat Club installed a wooden deck on the uplands with a roof, Page 26 of 69 Packet Pg. 60 5.A.b May 4, 2023 described as a gazebo, to give its customers some shade from the sun while their boats were being readied. One of the neighbors lodged a complaint with Code Enforcement which resulted in a violation because no permit had been pulled. The gazebo and its shade was gone within a month. In -water hull cleaning. About eight months ago we were informed by the Brookside neighbors that Freedom Boat Club was cleaning the hulls of their boats while sitting in the marina in the water. That is not permitted by our permit. So we immediately directed freedom Boat Club to cease those activities. They did so, and no in -water hull cleaning has occurred for many months now. Fueling. For years Freedom Boat Club was using two larger sized portable fuel tanks situated on the uplands to fuel their boats. Fueling from the uplands is permitted by the DEP and the county. During those years, the fuel tanks and the fueling operations were inspected and approved by fire officials on an annual basis, that is, until August 20, 2022, when, in response to a complaint from a neighbor, a new fire official disagreed with her predecessors from years past and red -flagged the fuel tanks. r We could have challenged the alleged violation based on the previous years of approved c inspections and the fact that the same type of fuel tanks and operations currently exist in other marinas around the state; however, we elected not to fight it, and the tanks were removed. Fuel is c now brought to the site on an as -needed basis, and we are told we are in full compliance with applicable fire code regulations. Fish cleaning table. In response to a recent complaint from one neighbor, the DEP conducted a general inspection of the entire marina one week ago, coincidentally. In a letter weLn received two days ago, the DEP reported just two minor violations. A fish cleaning table was v installed on the docks, and no fuel spill containment equipment was observed. As I stand here this morning -- we W received it two days ago -- the fish cleaning table's gone, and a fuel spill containment kit is now on site. There was one on site at the time during a DEP inspection, but Freedom Boat Club didn't know where it was. So we are now in full compliance with the DEP letter that we received a day and a half ago. Mr. Chairman, that concludes my initial presentation. I do request the opportunity of rebuttal after public comments, and I'm happy to answer any questions you have at this time. a CHAIRMAN FRYER: Thank you, Mr. Brooker. Anyone from the Planning v Commission have questions for the applicant? M (No response.) CHAIRMAN FRYER: If not, we'll turn it over to staff for staff s report. 9 MR. BOSI: And just --Mike Bosi, Planning and Zoning director. Staff is recommending approval as contained within the staff report as well as the additional commitments that Mr. Brooker highlighted. We agree that we will incorporate those E within Exhibit B of the ordinance to be additional conditions of approval, because they were obviously offered at the -- at the neighborhood information meeting; therefore, we want them -- to a make sure that they're enshrined within the ordinance as well. But with that, staff would ask -- or be happy to entertain any questions that the Planning Commission may have. CHAIRMAN FRYER: Commission, any questions? If not, thank you, staff. Ms. Pedron, do we have registered speakers? MS. PEDRON: Mr. Chairman, our next speaker is Dom Cotugno. His time is exceeded [sic] by the following people -- so if you could all please just wave your hand once I call your name. Rick Groveman? MR. GROVEMAN: Yes. MS. PEDRON: Stacey Cotugno? (Raises hand.) Page 27 of 69 Packet Pg. 61 May 4, 2023 5.A.b MS. PEDRON: Alison Gleason? (Raises hand.) MS. PEDRON: And Peter Lang? (Raises hand.) CHAIRMAN FRYER: And so that is a total of how many minutes, Ms. Pedron? MS. PEDRON: Twenty minutes. CHAIRMAN FRYER: Twenty minutes for the speaker. Thank you. MS. PEDRON: I'm sorry, 25. CHAIRMAN FRYER: Twenty-five minutes. MR. COTUGNO: Mr. Chairman. CHAIRMAN FRYER: Yes, sir. Approach the mic. MR. COTUGNO: I'm going to request that Todd Morrison precedes my presentation. CHAIRMAN FRYER: Identify yourself, sir. MR. COTUGNO: Dom Cotugno. CHAIRMAN FRYER: Okay. MR. COTUGNO: And the second comment I'd like to make is I doubt very much I'm going to need those 20 minutes. I just wanted to make sure we had enough time. CHAIRMAN FRYER: Understood. Okay. Without objection from the Planning Commission, we'll change the order. MR. COTUGNO: Thank you. CHAIRMAN FRYER: Thank you. So who is the speaker now? Please approach, sir. Either podium. MR. MORRISON: I have a PowerPoint presentation as well. CHAIRMAN FRYER: All right. And identify yourself, and let's -- I'm going to ask Ms. Pedron how many minutes you have. MR. MORRISON: I shouldn't be much longer than five to six. MR. YOUNGBLOOD: Mr. Chairman, Mr. Morrison has been ceded time by Linda Groveman. (Raises hand.) CHAIRMAN FRYER: Okay. Soup to 10 minutes. MR. MORRISON: Thank you, sir. CHAIRMAN FRYER: I didn't catch your name, so when -- before you start. MR. MORRISON: Yes, sir. I have a flash drive. Thank you. Good morning. My name's Todd Morrison. I reside in Brookside neighborhood at 2095 Harbor Lane. And some of the information I'm going to present has also been discussed by Mr. Brooker today, and I may even mention some additional items to that. On that slide you'll see two parcels that are part of the marina, which he's also pointed out. These parcels have a designated -use code of 95, rivers and lakes, submerged lands, as recently as two weeks ago. Neighbors who live on the water observed as many as 68 boats docked in the floating dock slips in those two parcels as the additional boats were being rafted up to other boats. This is 76 percent more than what is permitted. It's also important to note that no taxes are currently being paid for the use of these two parcels. A business should be required to pay taxes on properties they use for commercial purposes, similar to how they are paying for taxes on the yacht basin, which is the other parcel that's underwater. That parcel's 00386200003, and taxes for that particular piece of parcel is $11,819. THE COURT REPORTER: Could I ask you to slow down just a little bit? MR. MORRISON: Sure. I'm just trying to get my five minutes in. CHAIRMAN FRYER: Well, you've got 10, so don't worry. MR. MORRISON: The following are some code violations that have occurred on parcels Page 28 of 69 Packet Pg. 62 5.A.b May 4, 2023 of Brookside Marina recently related to the lessee, Freedom Boat Club. As mentioned, the temporary trailer was used by Freedom Boat Club as an office. It was granted a temporary permit for 730 days. Despite Freedom Boat Club being notified of the infraction being in violation and noncompliant, which resulted in Freedom Boat Club -- and I'll just refer to them as FBC going forward -- being instructed to not utilize the trailer for any future use, their trailer wasn't removed until 1,012 days beyond the permit. The trailer was on the property in violation longer that it was permitted; 139 percent more. That initial code enforcement complaint was made in August of last year, and the trailer wasn't removed until January of this year. Also mentioned, the gazebo deck was built next to the trailer on the property without a permit after a complaint was made to Code Enforcement, and, as mentioned, it was removed sometime in November of last year. On August 19th of last year, Greater Naples Fire Rescue District fire and life safety notified the lessee, FBC, of a stop work order that provided the following comments: The two gasoline storage tanks at your facility do not meet fire prevention code. Your site will need to pull N a permit for a permanent installation. I think that's important to note. And no further use of the c gasoline tanks may occur. I think that's also important to note. And 10 days have been provided to allow removal of the tanks. Again, as mentioned, despite these actions being required, they failed to comply. On August 30th of last year, they were issued a red tag by the fire district and fined $250, as a result, on August 31 st. What was concerning about the fuel was how the hose and pump handle was being stored on the docks and the amount of oil slicks in the water that have beenLn observed by homeowners living on this waterway. v After FBC received their red tag from the fire district, they began to bring fuel to the dock on their own via gas cans, as you can see in the picture on the right. On April 27th, the FDEP, Florida Department of Environmental Protection, visited FBC, and on -- two days ago, on May 2nd, the FDEP noted that a fuel tank was at the location, and they mentioned Permit 01731790-003EI. It clearly states no fuel storage shall be allowed on the docking structures. During the FDEP inspection, department staff observed, as mentioned, a fishing cleaning m table, and it is prohibited for the life of the facility. Department staff also did not observe any fuel spill equipment on site. Department staff spoke with the manager, Mike Gallagher, who stated a that the marina has contracted responsibility to fuel spill -- response to a fuel spill contractor. The v name and contact information for the fuel spill contractor was not immediately known. M I know Mr. Brooker mentioned that there's actually a fuel spill containment that's actually on the property. For me, I think part of the concern here is the fact that the lessee or the tenant is 9 not aware of, you know, safety measures that are actually on site. He actually thought they had actually contracted it out. So if a fuel spill happens, how is it going to get cleaned up? Excuse me, sorry. Going off my notes. I should just stay on my notes. E CHAIRMAN FRYER: Slow down a little bit when you're reading your notes, sir. MR. MORRISON: Based on the information I have provided, it's clear that the operations Q at this location have a history of dismissing codes and regulation. And although all or most of the violations have occurred as a result of the lessee, Freedom Boat Club, ultimately the owner is accountable for the lessee's actions, at least in my opinion. Before any rezoning is considered, it's important that the marina understand that one boat slip equals one boat; otherwise, the proposal total of 112 could be as many as 197 additional boats placed at the marina if the current rate of 76 is continued to be used with mooring boats to other boats like it currently is on the floating docks. I would encourage the Planning Commission, the owner, and the tenants currently, Freedom Boat Club, to look closely at Collier County code requirements, environmental requirements, and fire code requirement to ensure the property remains compliant and to ensure that they have a clear understanding of what those are. I'd also like to request that the use code for the two parcels mentioned at the beginning of Page 29 of 69 Packet Pg. 63 5.A.b May 4, 2023 the presentation be changed to a use code of 20, like the yacht basin currently is, as airports, bus terminals, piers, and marina. Also, I would like to ask that these parcels be appropriately valued and taxed. Currently they are valued at $100, and zero dollars are being paid in taxes. Mr. Brooker also mentioned the ramp on the property. He said that it's only uplands and that it's private. I'm not sure how that can be when the ramp actually goes into the water. I realize that those that live on the water may not want that boat ramp to be utilized due to the increase of the number of boats within there. I particularly do not live on the water, so to be able to have access and use of a boat ramp close by would be nice. So along those lines, I'd like to also request that if any of this works out as far as whether the boat ramp's deemed as -- and, again, the boat ramp's on the commercial property, so -- and I'm going to go through some of the Florida Administrative Code in regards to ramps in commercial operations. N So whether the -- if the boat ramp stays private, I guess my ask would be -- because in the past there's a lot of long-time residents that live within the neighborhood of Brookside where we c actually used to have riparian rights -- that's before my time of living in the neighborhood -- but we had riparian rights to be able to utilize the boat ramp. So if it's continued to be private, I would like to ask that those riparian rights continue to remain and be offered to the residents within the Brookside. If not, then I would -- you know, then it will be considered, I would have to think, a public boat ramp. Because, again, whether it's on the uplands or in the water, I think it's still considered a commercial operation. You'll see on theLn next slide what I'm talking about. Ln v So along those lines, I'd like to request that a minimum one slip space be provided to utilize the boat ramp for loading and unloading a boat, kayak, or paddleboard in the water. W Specifically, I'd love to see it for the Brookside residents. According to the Florida Administrative Code 62-330.417, general permits for construction, alteration, operation -- which I think that's the key one -- and maintenance of boat ramp facilities, Letter C, commercial entity, provided such ramp is open to the general public for m the life of the ramp or without a fee and without any membership or qualifying requirements. I'd like to ask that Brookside Marina within the time period that -- if and when this is approved, that a they fully execute the binding agreement in the official records of Collier County in which the boat v ramp is located. If that hasn't already been done, which it doesn't sound like it is because they're cUY, claiming it's private, as it is required by the Florida Administrative Code based on the code shown on the screen, commercial entities shall execute and record the agreement to main [sic] public 9 access incorporated herein as Form 62-330.417(1), ensuring the facility will remain open to the general public for the life of the facility. CHAIRMAN FRYER: You have one minute left, sir. E MR. MORRISON: Okay. And then I believe Dom's going to review some of this. I know that there's been Army Corps of Engineer studies. I do know that there's been DEP studies a as well that have been conducted. But one of the things, too, as you look at these maps, the size of the chokepoint within that waterway is not very large at all. And I know Dom will review some of this. But I think it's important -- and I know this is probably out of your purview, but I believe that the county needs to look at traffic studies not only on the roadways, as they've done with this particular project, but also looking at them in the waterway. Whenever you're putting in a marina or a dock, what's the impact on that traffic within that purview as well on the waterway? And that's something that was actually discussed at some of the neighborhood information meetings as well. Thank you for the opportunity to present this information for your consideration, and it's greatly appreciated. Have a good day. CHAIRMAN FRYER: Thank you, Mr. Morrison. MR. MORRISON: Thank you. Page 30 of 69 Packet Pg. 64 5.A.b May 4, 2023 CHAIRMAN FRYER: Next speaker please. MS. PEDRON: Mr. Chairman, we're going to go back to Dom Cotugno. CHAIRMAN FRYER: Thank you. MR. COTUGNO: It's still morning, so I'm going to say "good morning." My name is Dom Cotugno. CHAIRMAN FRYER: Please spell your last name. MR. COTUGNO: C-o-t-u-g-n-o. CHAIRMAN FRYER: Thank you. MR. COTUGNO: My wife, Stacey, and I have lived in Naples, Florida, since 2003 and reside at 2072 Harbor Lane, Naples, Florida, in Brookside community. On behalf of the Brookside community board, HOA, and numerous community residents that sit here today, we thank you all for this opportunity. Our objective, since speaking on behalf of the entire community, or most part of it, is to share the experiences, the issues, and requests relative to the Brookside Marina that is located in d r our residential waterway community, specifically the multitude of issues we have experienced with c the existing members based on commercial marina operations, which is Freedom Boat Club, and also our committee's concern is -- with the adding of 73 additional vessels to the basin, the concern is that this will only compound these ongoing issues and make matters worse than they are today if changes are not made. Before addressing the commercial marina issues in detail, we believe it's appropriate to express our community's concerns with the Collier County Planning Commission staff study andLn that -- and their approval granted to move forward with expanding operations. It's unfortunate to v us and very concerning that the Planning Commission study paid no attention to our community's various concerns with Freedom Boat Club's ongoing operation which has set the precedent for W these issues over the last five -and -a -half years. No study nor any mention in their report was made regarding the Freedom Boat Club's extraordinary and disruptive vessel traffic, ongoing nonconformance to DEP rules and regulations, numerous violations cited by local code enforcement, and potential negative effects, m notwithstanding, very importantly, the water quality of this canal, nor did they study or report the effects of vessels that -- vessel traffic from adding 73-plus vessels in the basin that could cause a further consequences to the overall well-being of the waterway, its residents' properties, and the v general quality of our living. Instead, they provided a total what we consider to be arbitrary and cUY, inaccurate study with no consideration or regard for the real circumstances at hand. Let me just illustrate to this point. Here are some ways that prove that none of this was 9 done. CHAIRMAN FRYER: Just for the record, you say "Planning Commission study," this is really the staff s study. MR. COTUGNO: Yes, sir, sorry. Staff study. CHAIRMAN FRYER: That's okay. MR. COTUGNO: Thank you for the clarification. CHAIRMAN FRYER: Thank you. Mr. Bosi? MR. BOSI: Clarification. Staff does not study. Staff provides a staff report based upon the application material that's required by the Land Development Code and what's supplied by the applicant related to the requirements of a rezoning petition. Staff does not commission a study. CHAIRMAN FRYER: Okay. So this should be called a planning staff report? MR. BOSI: I think it's criticisms of the staff report, would be it. CHAIRMAN FRYER: Staff report. Okay. Thank you. MR. COTUGNO: Thank you. CHAIRMAN FRYER: Go ahead, sir. MR. COTUGNO: Thank you for the clarification. Page 31 of 69 Packet Pg. 65 5.A.b May 4, 2023 Notwithstanding, if you look at -- some of the things that they cited is whether the proposed changes would adversely influence living conditions in the neighborhood, and what we're saying -- and they said that it will not adversely influence living conditions in the neighborhood. What we're saying is we need an impact study of the vessel traffic and to what extent that number of traffic is going to create some consequences to the water quality. It also states that -- whether the change suggested is out of scale with the needs of the neighborhood or the county. It's staffs position that the proposed rezoning to C-4 is not out of scale with the needs of the community or the county. What we're saying is, but it's not the perspective of the citizens, and that's why we're here today. The other thing it says is whether proposed changes will create or excessively increase traffic congestion or create types of traffic deemed -- and you can read. I'm not going to go word by word, but the statement was, as noted, transportation planning staff finds this petition, excuse me, consistent with the GMP. But that study was on vehicles entering their premises. None of it was on the vessel traffic. Two more -- three more quick points. Whether the proposed changes will be consistent c with the goals and objectives and policies of future land use. The petition is consistent. What we're saying is those are land -use goals, not residential waterway goals. It was ignored. Whether proposed changes will adversely affect property values in the adjacent areas. And what we're saying -- and they said it would not. What we're saying is if you continue to ignore the amount of traffic and further operations' disregard for rules and regulations, local and Florida, DEP, of course it's going to affect the value of our homes and the quality of our living inLO those homes. No one's going to want to live there. The values of our homes will go down, and it v will be very difficult to sell a home when you have 110,000 passages of boats on a very small compatible waterway from a commercial marina. And I'd like to just parenthetically say, Clay Brooker mentions that this basin used to have a lot of boats and covered slips, but those were on a rental basis. They were -- this is in a commercial marina that has, even at 75 percent of utilization, 110,000 passages by neighbors' homes every day. So if it's 75 percent, 75,000. That seems like an extraordinary amount of m vessel passages on a very small waterway. And then, lastly, it says that -- such other factors, standards, or criteria that the Board of a County Commissioners shall deem important to the protection of public health, safety, and welfare. v We're asking that the Planning Commission make traffic and sediment study M condition -- conditions of approval before it goes to the BCC for a decision. And having said that, let me take you through two major things that we're asking for. We 9 ask that before any approval is granted, the Collier County Planning Commission and the Board of County Commissioners make the following what we consider to be only fair and logical conditions for any final approval. E The first condition is an impact study be done to evaluate if Rock Creek waterway can safely accommodate the current 75-plus vessels which equates to 55,000 at 100 percent utilization. Q And they're in business to make money, so even if you go 75 percent, it's still a high number of boat passages on a small residential community. So we're asking somebody look at the impact of this many trips and also study to what extent, by adding the basin boats, which is going to be 73-plus, which is another 55,000 -- so we're going to have 110,000 passages. That's one out and one back. Let's say it's 75 percent utilization, which I doubt it will be because they want to make sure that these members are using their boats. So on an annual basis, if you calculate that, it's 110,000 trips up and down this very small waterway. Especially since there's a very narrow and potentially dangerous area that every one of these vessel passages need to go through, we are fearing that it's an accident waiting to happen, since small vessels used by residents and those rented by patrons of local hotels make passage on this waterway as well, and these being kayaks, standup paddleboard, canoes, Gheenoes, on a Page 32 of 69 Packet Pg. 66 5.A.b May 4, 2023 regular basis, particularly since the commercial -- existing commercial marina lessor hasn't effectively provided a permanent solution to prevent their crew and their clients from continuously speeding. I'm going to get to, in a moment, a record of what's going on. Nor has anyone measured the ill consequences, most importantly, to the water equality and the general hygiene of the environment by having over 100,000 trips per year on this very small waterway which, by the way, we did some research, and this is the only residential community that has commercial marina operations on it in our county. We even extended that research and looked for where else does Freedom Boat Club operate in a residential community along the West Coast of Florida. There are none. They're out in open bodies of water. So that's why this is a major concern. And we get it, it compatible. They have a business to run. They own the property. But we believe we need to put some governance and more attention, particularly since Freedom Boat Club set a very bad precedent over the last five -and -a -half years. N The final note is, on the extraordinary volume of vessel traffic, both existing and forthcoming, we've asked for an impact study several times in writing to Clay Brooker, who's the c attorney, obviously, for NMH Holdings -- withholdings [sic]. Unfortunately, these requests have been ignored. It's very important to note that these requests were not only ignored but, rather, added to a list of contingency items. We'll give you all of this stuff. We're going to put markers in the water. We're going to put patrol in there. We're going to allow -- we're going to -- we're going to manage this better for you, but at the time, a year ago, Clay came back and say, unless you agree toLO LO this right now in writing -- I'm going to send you a letter that everybody needs to sign -- then we're not going to do any of this. He failed to point that -- all that list of things they proposed to do, it was contingent and a condition of if we signed it right there, and we consider that to be a little bit d forceful. CHAIRMAN FRYER: Are you talking about the other offers? MR. COTUGNO: Yes. CHAIRMAN FRYER: All right. Well, that's been conceded at this point. MR. COTUGNO: Right. Thank you. The second condition is Freedom Boat Club perform a sediment study in order to demonstrate whether or not their operation has contaminated the sediment under their docks and vessels during the last five -and -a -half years. Should contaminates be found with exceedances above allowable levels -- excuse me -- then Freedom Boat Club and the less -- and/or the lessor should be required, as a condition of any of approval, to dredge and restore to safe levels. Also the lessor or lessee be required to conduct this study each year and required to restore annually to acceptable levels based on outcomes. And the final note is -- on the sediment study testing is we have and sent written requests to Scott Ward, who's the senior vice president of operations for Freedom Boat Club who reports to Brunswick Corporation. Scott has deferred that to Mr. John Giglio recently. So let me give you an example of -- and some of this Mr. Brooker and Mr. Morrison discussed already. They have done in -hull scraping of their hulls -- in -water scraping of their hulls, which contain -- and they've scaped anti -fouling paint which, by the way, contains carcinogens, for those who don't know, and proven to cause birth defects in a pregnant woman. It's a very, very bad thing to do, and the DEP is very strict about this. Next is the use of harsh and environmentally toxic chemicals to clean boat hulls that sit above the waterline. We've witnessed and have pictures of them using rust remover to clean their boats' exteriors. Another is fuel spillage. We talked about this. We have photos, and the residents are very disturbed about the collection of fuel spills on incoming tide at the non -flush end -- the east end of the canal. There's no way for water to go any further. It's important to note that these issues were observed and recorded way prior to Hurricane Page 33 of 69 Packet Pg. 67 5.A.b May 4, 2023 Ian, nor the result of Hurricane Ian. This has been ongoing way before that. And the fact that the DEP just cited -- we are busy because we're concerned, that -- that Freedom Boat Club does not have any fuel spilling equipment on premises nor do they know who to call when asked if it is, indeed, out -sourced to a third party. To make matters worse, there is constant daily disruptive movement of 75-plus vessels currently around the marina and waterway causing further distribution of any fuel spills, whatever toxins they've created in the water or on the sediment, especially when crew members -- crew and their clients propel vessels that force their way during extreme low tides. So not only do they exist, but we have videos of them propelling boats, kicking up dirt and sand during extreme low tides, which the concern is, if there are sediments, indeed, they are being spread further. So here's their in -hull cleaning -- in -hull scrubbing of -- using a diver. We've recorded this. This is a pontoon boat bringing containers of fuel, which, by the way, we understand it's not forbidden to do that, but the concern is spillage is very likely when lifting heavy and awkward containers, and we have proof of that. You see in the bottom picture this is a repeated situation. We have videos -- I think you might have to help me out here with -- c MR. BOSI: Hit "media player," and then hit "okay." MR. COTUGNO: I got it thank you. Here is an example of a boat that is propelling through very low tide, and in all due respect to John Giglio and Clay Brooker, I think that's a disconnect between what Freedom Boat Club is telling you and what is actually happening. (A video was played and narrated.)Ln MR. COTUGNO: Here is an example of a speeding member, excessive speed, and this v was taken on the day that the neighbor right next to this home that has the video recording had three children on standup paddleboards, and that gentleman ran down to the marina and made a formal complaint. To date, nothing has been done by Freedom Boat Club to incorporate some practices that would make sure that this doesn't happen again. They simply tell you it's under control. We'll deal with it. But there's nothing -- there's no processes. It happens randomly all the time. MR. BOSI: Hit X up at the top. MR. COTUGNO: Thank you. a And the last. Here's another member speeding by these homes. And, by the way, this is a v video camera that sits on Fred Hann's property that was referenced before, and this is Fred Hann's cUY, video camera. And the last comment I'd like to make here is the concession that Freedom Boat Club or 9 Mr. Giglio will put cameras on our premise. Our contingent is, why are we being held responsible for watching all of this disruptive behavior? It should be their cameras on their premises or their people preventing this from happening. E Here's the chokepoint we constantly refer to. The upper line is 49 feet across, according to Google. Low tide, probably 35. You're going to have 100,000-plus vessel trips go by that point a each and every year. We just think it's an extraordinary number. The one below it is 39 feet across, probably 24, 25 feet at extreme low tides. We just think this is an accident waiting to happen. And I'm going to flip now to my last page. We, being our community's recent study to determine to what extent, if any, there may be contaminated sediment in waterway, earlier this year our community contracted with Turrell Hall & Associates, a reputable marine consulting firm here in Naples, to study and analyze to what extent, if any, the residents' submerged land may be contaminated, recognizing that would be unlawful for us to go into the submerged lands owned by John Giglio. So in doing so, testing our own submerged land, seven different metals were tested. Results were compared to the sediment collected that Clay referred to before, studied in '06 and ' 16, and copper and zinc were noted to have exceedances above allowable levels in all three studies, so Page 34 of 69 Packet Pg. 68 5.A.b May 4, 2023 it's consistent. Copper and zinc keep on showing up and showed up in our report. Not only ours, but in ' 16 and '06. Hence, we think it's only fair and reasonable Freedom Boat Club be required by you folks to conduct a study of their premise's sediment to demonstrate if they have or have not caused contamination on the waterway since their inception, which was five -and -a -half years ago. So two key asks, if there's anything folks can remember is impact study on this extraordinary amount of traffic, not just the addition of 73 more boats that Mr. Giglio is proposing but also the existing 73-plus -- the 80-plus boats that Freedom Boat Club currently has in their 39 slips, and also a sediment study of whether or not Freedom Boat Club has contaminated. And we'd like not only this to be a one-time occurrence but to govern these behaviors going forward, make this a condition of approval that they be done today and they also -- before any approval is granted and they be done on a year-to-year basis so everything's under control and there's checks and balances. So with that, I thank you very much for all of your time and appreciate you guys looking at these things. N CHAIRMAN FRYER: Thank you, sir. I have a question for you. c MR. COTUGNO: Sure. CHAIRMAN FRYER: To your knowledge, are there any current uncured violations of law today? MR. COTUGNO: The only one that comes to mind is -- and John -- we saw a note that is going to tend to -- and, John, we appreciate this -- the DEP's concern that there's no fuel spillage equipment or recognition by the crew there, the manager, of how to address the fuel spills.Ln CHAIRMAN FRYER: Okay. Thank you very much. v MR. COTUGNO: Thank you. CHAIRMAN FRYER: Ms. Pedron? W MS. PEDRON: Mr. Chairman, our last speaker is Phid Pollis. CHAIRMAN FRYER: Thank you. MS. PEDRON: And then we will proceed with our online speakers. CHAIRMAN FRYER: All right. And this is -- this is a five-minute -- m MS. PEDRON: That is correct. CHAIRMAN FRYER: -- segment? Thank you. When you reach the podium, sir, please spell your last name. MR. POLLIS: Pollis, P-o-1-1-i-s. CHAIRMAN FRYER: Thank you. MR. POLLIS: Yeah. I just wanted to make the Planning Commission aware that not everyone in the neighborhood is against the marina being allowed to put their slips back into the basin where they historically have been. I've been living in that neighborhood since 1977. I've been there for 50 years. There's always been a marina there. There has always been boat slips. There has never been a problem as far -- I don't know where -- those numbers of trips he's come up with, but that's -- that has never been the case. I've lived in that neighborhood for almost 50 years. It's just -- well, just -- not everybody in the neighborhood is against the marina. It's always been there. It's always been a good neighbor. And it's a boating community. It's -- we would love to have this community have this marina there as an asset to our boating community, and that's about it. CHAIRMAN FRYER: Thank you very much. MR. POLLIS: You're welcome. CHAIRMAN FRYER: Next speaker, please. MS. PEDRON: Mr. Chairman, we have two new speakers. Peter Lang followed by Frank Perrucci. CHAIRMAN FRYER: These are people who are present? Is your name Lang, sir? MR. LANG: Yes. Page 35 of 69 Packet Pg. 69 5.A.b May 4, 2023 CHAIRMAN FRYER: Okay. Please approach. MR. LANG: This is okay? CHAIRMAN FRYER: It's fine, yeah. MR. LANG: Hello. I'm Peter Lang. I live at 1884 Harbor Lane. I don't really know an awful lot about where everybody lives, but I live right at the chokepoint of the area that we're talking about. And I will say that since I've been there now, for six -plus years, that the amount of vegetation, the amount of fish, the amount of wildlife that is visible from my dock, my house, has gone from abundant to close to zero. When we moved in, we were fishing there every day. We had tarpon, snook, redfish, every imaginable thing, and especially an overabundance of bait fish and different items of that nature. It is all gone, and it is all gone since Freedom Boat Club. Unlike most people, I rented a slip in 1992 on that location, and to consider that, what that was, anything other than the complete opposite of what they're asking us to do or give into is ridiculous. Comparing Naples, Florida, 1979 to 2023 is unfathomable, if you ask me. The last thing I'd like to talk about is the lack of aerial footage of what that basin looks like c as it's being used today. I notice that they have all kinds of aerial footage of 1979, what it looks like after they put in the amended docks along the main canal. But what I would wonder is why hasn't anybody showed what it looks like at 5:00 Monday through Sunday or Sunday through Saturday every single day? There are a hundred boats lined up in an area that is not wide enough for 10 boats. co The abusive behavior by the people at Freedom Boat Club has warn me thin. I don't goLn outside my home at 8:00 in the morning, noon, or 4:00 p.m. anymore because I cannot look at the v abusive behavior of their members. They have done nothing in regards to tampering that, absolutely nothing. W I am not in any way, shape, or form a member of CAVE, the citizens against virtually everything. I'm a construction owner -- I own a construction company -- and I make my living on the very good decisions that the planning committee makes. And all that our neighborhood is probably asking from you is to treat us the same way you're treating the people out on Immokalee m Road, you know, not to look back at all of the legal mumbo jumbo that Mr. Brooker brings up as to why he can do this, but look at the common sense as to what is going on in the neighborhood. It is a a residential neighborhood. It is not able to handle the amount of boat traffic that is there. v And I believe that the evidence of no changing of the behavior of those Freedom Boat Club cUY, people is [sic] going to make it any different. Thank you for your time. 9 CHAIRMAN FRYER: Thank you, sir. Next speaker. MR. PERRUCCI: I was waiting for my name, I guess. E CHAIRMAN FRYER: Well, who is the next speaker, Ms. Pedron? MS. PEDRON: Mr. Chairman, our next speaker is Frank Perrucci. Q CHAIRMAN FRYER: Is that you, sir? MR. PERRUCCI: That's me. CHAIRMAN FRYER: You're on the air. MR. PERRUCCI: Good morning. CHAIRMAN FRYER: And spell it, please. MR. PERRUCCI: P-e-r-r-u-c-c-i. CHAIRMAN FRYER: Thank you. MR. PERRUCCI: I am also a resident on the waterway of the Brookside community. I just want to follow up very quickly. Very important fact that came out -- and I'm respectfully requesting you and Clay and John to follow up on this. That speed zone area is declared as a slow speed, minimum wake. That's really not a defined action. What really is defined is idle speed, no wake. And let me correct. I think -- I think I said "no wake." It's slow speed, minimum wake. Page 36 of 69 Packet Pg. 70 5.A.b May 4, 2023 Idle speed, no wake, really defines what a boat is supposed to do. I've -- as past president of the Marine Industries, I deal with this every day with managing two marinas on Naples Bay. You need to chat with the county. The county has the ability to be able to change that. Fish and Wildlife, I know their criteria as to why they don't want to move on that, but they also will say that you -- you, the county, can change that. It needs to be idle speed. It will correct a lot of the issues that are happening. One issue that is really happening, and it does happen. And I know they've had their boats out there to say, oh, we were out there; not too much happening. Live on the water, and you'll see what's happening. And all due respect to the marina, I'm all for boater access. It absolutely is a great thing for the community, and everyone should live the dream as a boater. It's the best thing ever. The traffic study, as president of the Marine Industries for 11 years, past president now, we did a traffic study when we were involved back in 1997 with speed zone issues on Naples Bay. And we came to a conclusion, and it worked for a long time. But we did do a study as far as N traffic count itself. Boat traffic count can be done. c Thank you. CHAIRMAN FRYER: Thank you very much. Next speaker, please. Oh, Mr. Bosi. MR. BOSI: Chair, I was just was IM'ing with Mr. Youngblood. I guess we had a hiccup within our network connectivity. He needs to reset the Zoom meeting so we can have the rest ofLn the public speakers. I'm not sure if you want to take a break for lunch now or whatever your v discretion. But we need to at least have a short break. CHAIRMAN FRYER: Yeah, okay. So let's take that as a point of deciding what we're W going to do for the rest of the afternoon. Typically it's my sense of what the Planning Commission frequently likes to do is to have a later lunch and try to continue rather than stop for lunch and come back. COMMISSIONER SPARRAZZA: Yeah. CHAIRMAN FRYER: Which I think is potentially doable here. I see heads nodding 22 yes. a So let's do this. We'll take a 10-minute break -- nine -minute break to 12, noon, right now, v and then we'll return and continue. We're in recess. cUY, (A brief recess was had from 11:50 a.m. to 12:00 p.m.) MR. BOSI: Chair, you have a live mic. 9 CHAIRMAN FRYER: Thank you, ladies and gentlemen. We're back in session. Mr. Pedron. c MS. PEDRON: Mr. Chairman, we have two additional speakers. Patricia McNamara E followed by Brooke Sykes. CHAIRMAN FRYER: Thank you. a Ms. McNamara. MS. McNAMARA: Yes, hi. CHAIRMAN FRYER: Before you start, you hadn't ceded your, had you, or did you? MS. McNAMARA: No. CHAIRMAN FRYER: Okay. I'm sorry. I thought you did. Go ahead. MS. McNAMARA: No, I didn't. I just --I just wanted to let you know --reiterate what's already been said. THE COURT REPORTER: Can you speak into the microphone. CHAIRMAN FRYER: Yeah, and say your name, too. MS. McNAMARA: Pat McNamara, and I'm at 2096 Harbor Lane. And I want to just, like, emphasize it's not even just like the further growth for the boat club. It's the damage that they have already done. Like the gentleman said, the wildlife there, Page 37 of 69 Packet Pg. 71 5.A.b May 4, 2023 there are no fish there. You can't go fishing on the dock. You can't -- you know, we used to have the dolphins, we used to have the manatees. The quality of life since they've been there... And also it's like -- you know, they say it's like they have -- they haven't had any complaints. That's just an outright lie, because I've complained, and I know a lot of people have always complained. But we've been trying to be good neighbors and complain to Freedom Boat Club. And, apparently, that's where it ended. You know, my dock has been damaged by their members hitting my dock. And I had -- you know, they would just tell me -- it's like, well, docks are made to be hit, you know, and that was the end of that. And then, plus, like, you know, that -- and the wakes that they cause -- because they also -- not just the speeding, but they'll turn around right in front of my dock, and it causes the wake. So the whole pilings are deteriorating. I'm sorry. I'm short of breath. CHAIRMAN FRYER: That's all right. MS. McNAMARA: But -- yeah, that and the wildlife, and the expansion of the boat N dock --it's not just the marina. It used to have those docks there, but those docks weren't used for c commercial, you know. So it's --it's not the amount of the slips. It's the usage of those slips that's really concerning. So that's all I wanted to add to it. Thank you. CHAIRMAN FRYER: Thank you very much. Next speaker, please. Ms. Pedron, will you say the name again. MS. PEDRON: Mr. Chairman, our next speaker is Brooke Sykes.Ln MS. SYKES: Hi. N CHAIRMAN FRYER: Your last name is Sites? MS. SYKES: Sykes. CHAIRMAN FRYER: Spell. MS. SYKES: S-y-k-e-s. CHAIRMAN FRYER: Thank you very much. Go ahead. MS. SYKES: Thank you. Hi. My name is Brooke Sykes, and I live at 1800 Holiday m Lane. We live on the water also in Brookside. That was the one thing I was -- I wanted everyone to know, too, that there were boat slips a before, but they were residential, and I think that's important. To change all of them to v commercial, that makes a really big difference for us. cUY, And I'll speak for me as a mother and having kids, and we're out in kayaks and paddleboards, and we have a boat as well, and we're out there, and that really makes a big dif -- I 9 mean, we're on Rock Creek. I mean, it's labeled a creek that -- we have, you know, all traffic funnels out and then it goes out, you know, into the river -- but to just really, take to heart for all of us that live there and are there day in and day out and want to enjoy this as well -- I don't think any E of us are opposed to putting the slips back, but it's -- changing it all to commercial will really, I think, make a big difference for us that live there. a Thank you. CHAIRMAN FRYER: Thank you very much. Ms. Pedron? MS. PEDRON: Okay. Mr. Chairman, our final in -person speaker is Nicholas Thomas. CHAIRMAN FRYER: Go ahead, Mr. Thomas. MR. THOMAS: Thank you. I just wanted to talk about a few things. We -- I represent Freedom Boat Club, and we do have 63 vessels there today in the water. Some of the fueling concerns that we had was we did have a delay in removing the fuel tanks from the land because we had our employees and their families impacted by Hurricane Ian, so there was a delay. It's not like we were just disregarding the notion that we had --we weren't going to move it. We certainly had every intention to. We do not store portable fuel tanks on the docking structures per code. We store them in Page 38 of 69 Packet Pg. 72 5.A.b May 4, 2023 OSHA -approved containers, and when we do fuel, we use pumps associated with those, so our employees aren't picking up fueling containers and making it harder on them and potentially on the environment as well. We do have training and education to our staff when it comes to fueling. CHAIRMAN FRYER: Slow down a little bit, sir, for the court reporter. MR. THOMAS: Can do. We do have training and education to our staff when it comes to fueling. We have standard operating procedures. We operate out of 108 locations internationally, and to date we haven't had any major fuel issues, and we believe that is a direct reflection of our SOPS. Granted, we did cease our continuing education program of some programs post -Ian because of the local resources, but we are going to reinstall them, and that way every employee knows what to do in the event that something, unfortunately, happens. We do have on site a fuel spill recovery kit. It is now, as of yesterday, on the docks, bolted to the docks, so it can't go anywhere and it can't float away or go anywhere else. And we d r do use a boom for refueling procedures. In the unlikely event that something is spilled, we deploy c a boom to keep the contaminants all in one area. And then I would also like to address the third party. In the event there is a major fill -- a major fuel spill, which we hope never happens, we do have a third -party company that we outsource to, just like the City of Naples does. It's the same vendor that they use in the event that there's a major fuel spill at the city dock. For trips to adjust for utilization, is what we would call it, up and down Rock Creek, in oneLn of our peak weeks, we do about 320 trips, or 300 trips in that week, which is about 1,300 per v month, which would be roughly 16,500 trips per year, to put it in perspective, not hundreds of tens of thousands of trips. FBC model is a subscription -based model. So it's like Disney Plus or your cell phone. Our members pay us, and it's up to them to use the club. Now, we want to get them out on the water in a good, safe manner as much as possible, but it's not every boat's going out every single day like a rental business all of the time. That's not our goal. We just want to make sure our m members can use the water when they want to use the water. And we do operate in several marinas from Bonita -- from here through Bonita, the Fort a Myers area, Englewood, Venice, and up to Anna Maria. All of those marinas butt up against v residences. So I don't know where other people may have done their research, but we do operate cUY, in marinas next to residential neighborhoods or within residential neighborhoods. We also use antifouling paint as nonabrasive. It's called ablasive [sic] antifouling paint, 9 which doesn't have the traditional coppers and heavy metals that are found in most of them. And since we learned that you can't clean vessels there, we have not cleaned any vessels there on -site. And then we do definitely use green marina chemicals because some of the marinas that E we operate in are part of green marinas in the State of Florida. So all of our chemicals are approved for green marina use. And the Starbrite chemicals that we use have non -heavy metals in a them, and they're sourced at the local West Marine and local marina stores. We do take every compliment or complaint seriously, and we've had three major complaints brought to us, one of them being a member had struck a dock and done damage. One of our directors went out on site, reviewed the potential damage with the owner of the property, and no -- no major and significant damage could be determined or deciphered that wasn't unilateral to the entire dock. But we do take every complaint that's raised to us very seriously. We agree that when our members drive too fast, we don't want that. We are 100 percent in alignment of wanting to make that an idle speed zone and not just a slow speed zone. When it is brought to our attention that a member does drive too fast or is going too fast, on the two or three that have been brought to our attention, we have taken corrective action with our members, and that's typically done for a 30-, 60-, or 90-day suspension of boat -use privileges, and if they continue to show those repeated actions, we typically terminate them from the club, because we don't want Page 39 of 69 Packet Pg. 73 May 4, 2023 5.A.b those type of people representing our club or doing that to the waterways. With slow speed, minimum wake, the Florida State statutes do define that as a means that a vessel must fully be off plane and completely settled in the water, and that is what slow speed means, and that's -- like I said, we do encourage you, along with the neighbors, to have the county continue to pursue with the state to change that to an idle speed, slow speed zone. I would also like to remind the Commission that post Hurricane Ian for -- as part of our community investment team, we had several employees reach out to the neighborhood to find out what we can do and what they want us to do, and that was cleaning up the waterways, removing port-o-potties that had blown in there and had clogged the waterways post Hurricane Ian, and we have done that, and that's something that now we are continuing to do on a regular and scheduled basis because, obviously, sustainability of the waterways is very important to us. CHAIRMAN FRYER: You're at your time limit now, sir. MR. THOMAS: Thank you very much. CHAIRMAN FRYER: Thank you very much. And I think you gave us a little preview of rebuttal. If there's anything further that you want said at rebuttal, just let the lawyer know, and we'll hear it then. Next speaker, please. MS. PEDRON: Mr. Chairman, our first online speaker is Mr. Joan Gross. CHAIRMAN FRYER: Gross is the last name; Gross? MS. GROSS: That is correct. CHAIRMAN FRYER: Thank you. Ms. Gross? Mr. Gross? MR. GROSS: Hi. This Dean Gross. Joni couldn't wait for meeting. And only thing I would mention is that this is, again, people who used to be in the neighborhood; a lot of them have moved away, that -- just to make the point that Brookside owned all of those marinas when the development was built, and all the ones that are along -- maybe not the cutout where the covered was [sic], but all the way along there. And what happened, they let everybody use it. The people in the neighborhood could use it, all of Brookside, and they let other people across on the other side use their marina. And the crafty guy that took this and abused it, he put all his boats in there, and it went on for three or five or whatever years. And then -- this is part of history, I guess, that wasn't covered. And then what happened is he had boats that he was using there, and he said, well, that's adverse possession. And legally what adverse possession is, if you use that area without written permission, after three or five years or seven, whatever it is, you can take the land, and that's exactly what happened to the owners in Brookside is we lost all those slots for the people that didn't live on the canal, across the canal, to be able to pull -- park their boats there. So this has been kind of an abuse that's been going on. And I wouldn't want to keep seeing the regulations derode to the problems and future degradation of the owners for the Brookside. So that's about it. Joan would probably have more comments, but I just wanted to make that point. CHAIRMAN FRYER: Thank you, Mr. Gross. MR. GROSS: Thank you very much. CHAIRMAN FRYER: Thank you, sir. Next speaker, please. MS. PEDRON: Our next speaker is Amy Eckenrode. Amy, can you hear us? MS. ECKENRODE: Yes. Hi. CHAIRMAN FRYER: Spell your last name for us, and then you have the floor. MS. ECKENRODE: Okay. It's E-c-k-e-n-r-o-d-e. CHAIRMAN FRYER: Thank you. MS. ECKENRODE: You're welcome. Page 40 of 69 Packet Pg. 74 5.A.b May 4, 2023 I'm just going to make statements and kind of just rounding up what everyone has already said today. They will not disclose the use of the old building on the property zoned C-4. I don't want a party in my backyard daily, nightly. Tiki boats create this disturbance. We can hear the hotel pool parties. Commercial zoning creates more traffic. Oak [sic] Farm is expanding as well. The triangle is going to create more traffic. Constant wakes. Frequent use of the rental program. Twice -a -day rental creates an impact on the ecosystem. Back when the slips were in use, they were for private use. Private use is usually twice a month. There's no patrols. I played Karen so many times; it's exhausting. He would have put up the signs already if he really cared about our ecosystem. The fact of the matter is, he doesn't care about our ecosystem. He is a capitalist. And I understand it, but there has to be a balance. There has to be a balance for our ecosystem back here. And I called the boat club, and they just give verbal slaps to the clients. In the end, again, c it's about our ecosystem and quiet enjoyment, which we are lacking. 2 Thank you. c CHAIRMAN FRYER: Thank you very much. Next speaker, please. MS. PEDRON: Our next speaker is Fred Harms. Fred, you may unmute your microphone. Can you hear us? , MR. HARMS: Yes, I can. v CHAIRMAN FRYER: All right, sir, please proceed. MR. HARMS: Okay. First of all, I'll give you a little bit of my background. I'm a W retired businessman, operated my business on fairness, and I was never all about the money. So that's a bit of my background there. This is one of my properties that I reside in. I choose to select properties that are peaceful and natural, and this is why I selected this property here to live in the winter. m Anyway, it's very -- full of mangroves. My view is mangroves. You've seen my cameras. You can see what my view is, and I'd like to keep it that way. a Also, we have been impacted by Hurricane Ian, and our residents and neighbors have spent v thousands of dollars repairing their homes in the hopes that it would still be a nice place to live. cUY, I was also impressed by the Chairman stating -- and correct me if I'm wrong -- that the goal of the Board is to protect the citizens of Collier County and not out -of -county corporate entities 9 like we're dealing with here from Venice, Florida. Did I hear that correctly, or is that -- CHAIRMAN FRYER: You added to do it, but the record will stand. MR. HARMS: Okay. So, therefore, we have a subdivision. And I'm just wowed at E what I just heard about the way it used to be there, that all of that property was sort of like deeded to the community and it was taken away illegally, or whatever, from us and, wow, I didn't even a know that. That was very interesting. So I think the solution here is --I'll just get to the quick solution. Either tear out all the mangroves and open up this whole area for a thousand boats or turn things back the way it used to be where you would have resident -- people in the area, like your neighbors, going by your home and saying "Have a nice day," or "How are you today?" rather than these inexperienced boaters who couldn't care less about our properties. And they're always in a hurry to get back or to get out, which makes sense. I mean, I would be no different. I've been threatened by people. And I don't know if any of you people have ever been threatened by somebody, but generally it's to your face and you know who they are and you can respond to it. When you call the Freedom Boat Club, who is also not the owner of the property, they said, we'll talk to them. I said, well, do I not have a right to know who this person is? Because they know who I Page 41 of 69 Packet Pg. 75 5.A.b May 4, 2023 am, because I used to post my family name (unintelligible). So I also fear for my life with some of these people. I wish I could slow them down, but maybe I will. I'll slow (unintelligible), and we'll go over these things a little bit more. I don't even go out in my backyard either, because I can't -- I can't stand it. And when I ask people to slow down, they either laugh at you, give you the finger, or just -- when I say "slow down," you know, just give the -- my hands down, they pretend they're (unintelligible) to me or something. It's just ridiculous. This is a residential neighborhood. It was always a peaceful, tranquil neighbor -- tranquil neighborhood where your neighbors would come by occasionally, and you would say, "Hi, how are you?" I am going to invite each and every one of you Board members to my property for a coffee as well as the media and to see what I'm up against and what my neighbors and their families are all up against. So I've got more things to add, but I think we've pretty much done it all. Other Freedom N Boat Clubs, apparently, have 10 to 14 boats in there operation. These people want to have, I don't c know, is it 150? It's ridiculous as it stands right now, and they want to add more? It's just terrible. aM c Somebody's going to get hurt. Something's going to happen. And I can't even put my boat out on my dock because when these yahoos come flying by, they smash my boat into my dock and destroy it. Who's going to pay for my repairs? You know, I don't know. There's -- the other side of this is, sure, you can have a business, but, come on, man, be fair, and don't do it -- youLn know, think about the impact you're having on families in a residential neighborhood. v It's also on a cul-de-sac which is generally more private. People seek out these locations. CHAIRMAN FRYER: One minute to go, Mr. Harms. One more minute, sir. MR. HARMS: One more minute? I told you they're inexperienced boaters. Also, the owner has no control over who these people are in these boats. The owner apparently used to own the Freedom Boat Club. I don't know if you people are aware of that, whether it's true or not. I mean, he said to me that he used m to. So, I mean, it seems like it's (unintelligible). So there are other (unintelligible) that a fellow who brings down from Rhode Island -- I a believe he brings two or three down. He carts them down from Rhode Island in the winter, and v they can't navigate those waters safely either with these kind of (Unintelligible). cUY, In the mornings is like one constant (unintelligible). They come within 10 feet of these docks. Also there was mention of these underwater submerged lands. I own that land as well 9 underneath --right to the other side of the mangroves. Can I put in -- I have 110 feet of waterfront. Can I put in 20 more docks? CHAIRMAN FRYER: Sir, you're at six minutes, so I want to thank you very much for E your comments and indicate for the record that -- no one's fault but technology, that I'm sure the court reporter had some difficulty hearing all the words you were saying. I know I did. But 1 c° a know she'll do the best she could. All right. Who's next, please? MS. PEDRON: And our final online speaker is Jason Botta. Jason, you may uninute your microphone. Can you hear us? MR. BOTTA: Yes, I can hear you. CHAIRMAN FRYER: And spell your last name, and then you have the floor, sir. MR. BOTTA: Last name is Botta, B-o-t-t-a. Just a couple comments. I just wanted to take exception to Mr. Brooker's statement about speeding being the main concern. Although it is a major concern of the residents, I think from my perspective of many of the residents it's the total traffic at the use case [sic] of the Freedom Boat Club as tenant that our issue is. I've been at the property as -- you know, visiting the property, living at the property for Page 42 of 69 Packet Pg. 76 5.A.b May 4, 2023 over 30 years, so we were present when the docks in the basin that they're proposing were in existence. And the condition of the water and the use of the waterways is significantly different since the Freedom Boat Club became present in 2017. As most of the residents can attest to, that the waterway's condition has severely deteriorated, and the wildlife is almost nonexistent. That's -- yeah, I think the case -- or the statement that manatee deaths are primarily the assessment of wildlife impact is unfair and not appropriate in this case because, in the current condition of water, we don't see any wildlife present at all, so of course there will be no manatee deaths. The presence of the Freedom Boat Club here as the tenant, I think, is extremely unprecedented for this type of waterway. As Mr. Harm stated, this is a cul-de-sac and, really, the end arm of the Rock Creek waterway. So all the residents along this waterway are impacted by the presence of the Freedom Boat Club. We have investigated several of their other properties via satellite images, and there N was -- we couldn't find of any other case where the Freedom Boat Club operates at the tail end of a c residential waterway like this which impacts absolutely everyone and especially the residents that 2 are directly here at Brookside community. So, you know, our -- at least my concern, and I think the main ask, is that the traffic and the environmental impact be assessed because of -- at least our observations from the Freedom Boat Club's presence since 2017 has been extremely significant. You know, as I said, that the boat slips that did exist in the aerial photos in the '70s, there were boats present. As was stated, theseLn were usually just private boats that made very limited routes through the waterway; whereas, the v Freedom Boat Club operates very much like a rental car agency where these are going out multiple trips every day. So the total traffic change from 1979 when that image was taken to today is extremely different. It's not -- also, though it's less boat slips, it's multitudes larger total traffic. S So we think that that comparison is totally unfair. So we wish that the traffic assessment is at least reevaluated as was stated that there's no impact. We think that's completely untrue, and the environmental impact is significant just from m the total amount of traffic being present. And that's all I have to say about that. CHAIRMAN FRYER: Thank you, sir. a Ms. Pedron, any further speakers? v MS. PEDRON: At this time, we do not have any additional online speakers. M CHAIRMAN FRYER: Anyone in the room who has not registered but, nonetheless -- has not ceded their time, nonetheless, wishes to be heard, please raise your hand. c Seeing none, at this time we'll close -- u� COMMISSIONER SHEA: We've got one. He's got a hand. CHAIRMAN FRYER: Oh, please approach. And I take it you have not been sworn in, E sir? L) MR. WALSH: I was. CHAIRMAN FRYER: Have you already spoken? MR. WALSH: No. CHAIRMAN FRYER: Okay. Then please identify yourself, and then you have the floor. MR. WALSH: My name is Kevin Walsh. I'm a resident of Collier County. I am a member of Freedom Boat Club and have been for a long time and, in full disclosure, I also work there. But I'm speaking as a member and not as a Freedom Boat Club employee today. I wanted to just speak on behalf of the Freedom Boat Club members that I know and live near who -- for whom access to the water in Collier County wouldn't otherwise be possible if it wasn't for Freedom Boat Club. We have a number of -- hundreds of members here in Naples and down in Marco and up in Bonita who, but for Freedom Boat Club and their expansion over the last 10 years, wouldn't have access to the water. And I'm not talking access through a boat ramp or whatever. But we don't own boats. Page 43 of 69 Packet Pg. 77 5.A.b May 4, 2023 We don't choose to rent boats because they're too expensive and in not such good shape, so we choose Freedom Boat Club as members to get out on the water in a way that's less disruptive to the waterways of Florida and Naples than if we all each had our own boat. So we're a boat -sharing community. Not a timeshare, if you will, but, you know, a dozen or so people that effectively share a boat. And do we get more use out of a boat than somebody that might have been at Brookside Marina 20 years ago? Certainly we do, but it's because 10 families or so are sharing a boat and access to the water. So what I would like to respectfully request is that in addition to listening to the Brookside neighbors who are immediately impacted because the boat goes back and forth in front of house once or twice a day, please listen to the people that are up and down Davis Boulevard or as far out as Collier Boulevard who otherwise would have no access to the water in Naples and are looking to Freedom Boat Club to be able to provide more slips so that we can have access to boats in the busy season when right now it's hard to do. So that's all I'd like to say. Thank you. r CHAIRMAN FRYER: Thank you, Mr. Walsh. c Anybody else who's not -- yes, ma'am. Please approach, state your name, and then you'll have the floor. Have you been sworn in? MS. GALVIN: Yes. CHAIRMAN FRYER: Okay. MS. GALVIN: Hi. Thank you for hearing me today. My name's Robin Galvin, G-a-1-v-i-n. We've owned a home here in Naples from 1987, and we live within walking distanceLn of Brookside Marina. c"'•� I'm speaking in behalf of Freedom Boat Club right now. I understand that the �, neighborhood of Brookside has had a lot of boats passing by, and it has increased since we've had the boat club there. We used to rent at Brookside Marina. We rented a slip many years ago. That marina was not well taken care of. It was not well maintained. It was a commercial area where that basin was, the covered slips. It was so poorly maintained that it fell into the water. The cover fell in, part of the pavement fell in, the seawall caved in. Since John Giglio has owned the property, he's made improvements in the property. He's a complied with a lot of the issues that the neighborhood has had. Speeding is one of them. It is a v designated slow wake area, not idle speed. I know I was reprimanded as a Freedom Boat member M coming in at slow speed. I docked the boat, and I was lambasted for coming in at slow speed and not idle speed, and I was told that further action would be made against me if I did not comply. c So that is reiterated all the time in the monthly statements. We have monthly email u� newsletters from the boat club about the speeding. All the time on the dock, it's -- we're reminded of this. It's got a placard up there to tell us that it's idle speed only, even though it's slow speed, in E recognition of the concerns of the neighborhood. The prior property owners there, they had all kinds of establishments where there was a drinking and no restrictions on the property. The slips that were rented out there had no oversight. People could go there all hours of the day. Freedom Boat is dawn to dusk operations only. I know that they have used -- they have allowed the usage of their boat ramp for neighbors to have to remove their boats out of the area. They've allowed that. They have. CHAIRMAN FRYER: Ladies and gentlemen, if you don't have the floor, please do not speak. MS. GALVIN: Yes, they have. I was there when that occurred. So I just want to say that the Freedom Boat Club allows a lot of people access to the water. We used to have a boat, and then the slips became unaffordable, so we joined the boat club probably more than 10 years ago. We try and be very respectful of the neighbors. We wave. We say hello. There was one day somebody was not watching their fishing pole, and a snook was jumping out of the water, and I yelled to the people to come get their snook, you know. So we try Page 44 of 69 Packet Pg. 78 5.A.b May 4, 2023 and be good neighbors. We've been in that marina off and on for years and years now. The Freedom Boat Club also affords people who could not get on the water, handicapped people, veterans, disadvantaged youth -- they couple with Freedom Waters and do a service for the community, the community at large. They bring people who could not access the water out to the water for the day, and the members volunteer their time to drive these people around. There are other things that the boat club does that is not -- is not well thought of in the community, but they do provide quite a bit of community support. So I want to say thank you for allowing me to speak on behalf of Freeman Boat. Thank you very much. CHAIRMAN FRYER: Thank you, Ms. Galvin. Anybody else in the room who's not registered but wishes to be heard? (No response.) CHAIRMAN FRYER: I don't see any hands up and so, therefore, we will close the public comment portion of this hearing. N And we will now turn to rebuttal. Mr. Brooker. c MR. BROOKER: Thank you, Mr. Chairman. I'm going to try to be selective on my rebuttal. Some of the points have already -- that I was planning to make were already made by some of the speakers. Mr. Morrison's request that we record a fully executed binding agreement to maintain public access -- there was a citation to a Florida Administrative Code provision. That code provision applies to public ramps. The ramp here, which is, by the way, not on the land subject toLn this rezone, is not public. It's private. So the requirement doesn't apply here. v Also, given some of the comments we've heard from the neighbors, I'd be very surprised if the neighborhood would want this ramp opened up to unlimited use by the public. W Mr. Morrison mentioned the issue of the taxation of the eastern two parcels. Taxation is surely an irrelevant issue for this zoning proceeding. The Board of County Commissioners and the Property Appraiser are distinct authorities. The BCC has no power to dictate how the Property Appraiser does his or her job; however, assuming there is some relevance to this proceeding, which m there is not, no taxes are being paid because no taxes are owed. 22 Mr. Giglio has not done anything with the way the parcels are coded by the Property a Appraiser. That code has remained the same for many, many years, long before Mr. Giglio v purchased the parcels. cUY, If Mr. Morrison's comments or requests result in the parcels being taxed, please understand that some of the neighbors who you've heard from today have docks or portions of their docks that 9 are, in fact, located on Mr. Giglio's property without his consent. He has not pursued this issue, doesn't want to, because he'd prefer to be a friendly neighbor; however, if taxes are imposed, he must respectfully reserve his rights, which would include removal of the docks from the property E or the payment by those property owners of a pro rata portion of the taxes for their use of his property. c° a Mr. Morrison's comments about the "one boat, one slip." We are aware of no documents or restriction that limit each numbered slip, even if a slip is more than 60 feet in length and there are some slips on the property right now that are more than 60 feet in length, to just one vessel. In fact, this one boat, one slip was the subject of one of Mr. Morrison's complaints to county Code Enforcement. The county found no violation. The DEP's permit allows 112 slips in these waters, and the county's Manatee Protection Plan authorizes up to 311 slips in the marina. So we respectfully disagree that there is any violation with respect to the number of boats at the marina presently. Having said that, one boat, one slip is our goal. That's why we're here trying to get additional slips added to the western basin where they were for decades. Finally, the sediment and impact studies mentioned by Mr. Cotugno. He asked the county to delay my client's application and condition any rezone approval until these studies are completed Page 45 of 69 Packet Pg. 79 5.A.b May 4, 2023 and somehow applied. Doing so would amount to an egregious violation of my client's due process rights. The studies Mr. Cotugno requests are not codified anywhere in the county's land -use regulations, yet he asked you to create them from scratch and apply them somehow to this application. What exactly would be studied? What criteria would be applied to the results? Creating such uncodified, standardless studies and criteria on the fly would violate my client's due process and private property rights. Having said that, with specific regard to the so-called impact study, as I stated earlier, we encourage the county to continue to pursue efforts with the Fish and Wildlife Commission to impose an idle speed, no wake speed zone in Rock Creek. But as I explained to you, Florida law does not permit my client, a private property owner, to do anything more than what we have already done. But we do encourage county staff to continue haunting Fish and Wildlife. We are in full support of ISNW. With regard to the sediment study and dredging requirement, the county has no such N authority. To my knowledge, the only agencies that can order the dredging of lands under c navigable waters are the DEP and the Army Corps of Engineers. In his recent complaint to the DEP, Mr. Cotugno asked the DEP to support his request to force my client to study and, if contaminated, dredge the submerged lands. The DEP refused, likely due to the fact that my client's submerged lands have been dredged twice in the last 20 years. Moreover, the sediment study referenced by Mr. Cotugno analyzed samples from their own submerged lands, lands that, to my knowledge, have never been dredged since they were created inLn the 1960s. That study confirms only one thing; that the copper and zinc levels in their submerged v lands -- lands that they own, not lands that we own -- are allegedly elevated. If the county were to even consider imposing a possible study and dredge requirement, a W requirement that it cannot legally impose and one which would violate my client's rights, that requirement should be applied equally to the neighbors' submerged lands that they own. They have admitted that copper and zinc is elevated in their lands. So if the county's going to treat my client equally, it should immediately require the neighbors to dredge their submerged lands. And, again, a lot of this is hyperbole because the county does not have the legal authority to dictate that. a In conclusion, the county staff recommends approval because it has determined that the v application before you today is consistent with and satisfies all -- I'll use the words of the cUY, neighbor -- legal mumbo jumbo, otherwise known as codified county regulations. In fact, the county's Growth Management Plan and Land Development Code prioritize and 9 prefer this site for marina operations. If this zoning application is denied, the county would deprive my client of the only reasonable use of his privately owned submerged western basin. For all of these reasons, we respectfully thank you for your time and request that you E recommend approval. Thank you. CHAIRMAN FRYER: Thank you. Mr. Brooker, I have a question, and others who will a signal and are signaling will also have questions. In my judgment, at least, I think you've gone a significant way toward answering the questions and issues and concerns that I had. The "one slip, one boat" question. (Cell phone ringing.) MS. LOCKHART: I'm so sorry. CHAIRMAN FRYER: The "one slip, one boat" question, you said that's your goal. Would your client be in a position to put a ceiling on the number of boats per slip so that we have a clearer idea of what the magnitude and the overall intensity might be of that area? MR. BROOKER: So we are asking for the 73 to be reinstalled in the western basin and the 39 that exist today. We would agree today that would be a stipulated cap. No more than 112 vessels moored at those slips. Page 46 of 69 Packet Pg. 80 5.A.b May 4, 2023 CHAIRMAN FRYER: Okay. So it is one boat, one slip at 112? MR. BROOKER: That's what we would agree to, although there's no document. CHAIRMAN FRYER: I understand. Okay. Well, that fully answers my question and my concern. Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you, Chairman. And thank you very much for your detailed explanation, especially as you introduced this complicated program to us and the community. I apologize for, I'm sure, repeating a few things, but I just want to confirm, all of these slips are dedicated/leased to Freedom Boat Club, correct? MR. BROOKER: The existing slips in the marina today are leased to Freedom Boat Club. COMMISSIONER SPARRAZZA: Great. Thank you. All of the new slips, so the 112 total, are leased totally to Freedom Boat Club? MR. BROOKER: No. That does not -- that is not a true statement. N r COMMISSIONER SPARRAZZA: Oh, great. Thank you. c Can you explain how many are to Freedom and if Freedom will agree to the one boat, one slip, and how many to -- please explain, is it private residents that can come up and rent a slip and come to it dusk to dawn? MR. BROOKER: So I'll try to explain. It's a -- it's not exactly a concrete number as I stand here today. A lot depends on what happens to the uplands. There is interest, especially at the mini -triangle going across the street, of what can be done with the uplands. For example, ifLn there were a mixed -use project developed in the uplands that has condominiums incorporated in the v upper floors, I'm not aware of any developer that would come along and say, we're going to build without any rights to any of those slips. W Mr. Giglio is keenly aware of that market tie between what happens on his uplands and the ultimate use of the slips in the water. So there is going to be some sharing of what happens on the uplands with the wet slips in the water. Right now Freedom Boat Club has the right to use those slips that are there. If these slips m are approved -- they have been by the DER But if the county approves the wet slips and they are installed, I imagine Mr. Giglio and Freedom Boat Club are going to have a talk. How many do a you want? What are you going to pay for them? How are we going to work this out? v So that's -- that's literally where we stand today COMMISSIONER SPARRAZZA: Okay. MR. BROOKER: -- is Freedom Boat Club wants more slips, no doubt. Is Mr. Giglio 9 willing to give them to him? Don't know -- COMMISSIONER SPARRAZZA: That's a financial decision. c MR. BROOKER: -- because the market will drive that one. d E COMMISSIONER SPARRAZZA: Very good. Thank you. In conclusion, the number of slips for Freedom and possible private ownership may a change, may alter throughout the course. But are you stating, as the Chairman stated just a moment ago, there will never be more than 112 vessels in that entire marina? MR. BROOKER: Yes. In the water, yes. COMMISSIONER SPARRAZZA: In the water, okay. MR. BROOKER: Moored -- moored there. You know, people come up, transients. I can't control boats. COMMISSIONER SPARRAZZA: Very good. And as we have seen -- and I've seen it myself. I've been at Freedom Boat Club on a few. You do see multiple boats tied together, and that's something you are trying to eliminate. MR. BROOKER: (Nods head.) COMMISSIONER SPARRAZZA: And we appreciate that. A couple other just common questions. Will --the landlord and the lessee, Freedom Boat Page 47 of 69 Packet Pg. 81 May 4, 2023 5.A.b Club, are they able to be held either, together, responsible for any and all codes that the county, the local fire, whatever, imposes and holds them to it. Not only Freedom Boat Club, but the landlord, I believe, is always responsible for their tenant. So if the tenant is violating something, it can actually go to the landlord. Is that a conversation -- or something in writing that can be presented as you move forward with this should it pass? MR. BROOKER: Well, what I can tell you, the lease between owner of the land and the tenant, Freedom Boat Club, expressly requires the tenant, Freedom Boat Club, to comply with all applicable codes, regulations, and permanent conditions. Over the last few months, you've heard of complaints and issues that have risen. You can rest assured that there have been conversations between Mr. Giglio about that and Freedom Boat Club. Breach of a lease? But am I permitted to present as a public record that lease? No. COMMISSIONER SPARRAZZA: That's fine. And I apologize if that's -- MR. BROOKER: Okay. COMMISSIONER SPARRAZZA: -- how it was interpreted. MR. BROOKER: But I can tell you you are correct, the buck stops with the property owner. We are -- MR. BROOKER: -- ultimately responsible, but we will be talking to our tenant when issues arise. COMMISSIONER SPARRAZZA: Wonderful. Thank you. All right. One last comment. I don't know how it is, because I've heard various uses of it articulated today, but is there some type of an agreement for the neighbors who legally own on Harbor Drive, maybe the other one, Holiday Drive, whatever is access to the waterway? Would the owner be open to allowing -- I'm sorry -- the owner of the marina be open to allowing those owners access for emergency repairs or repairs getting their vessel in and out if they can't do it on their own property to be able to come in and use the dock that is currently there? MR. BROOKER: So that request came from the neighbors at the very beginning of our communications with them -- COMMISSIONER SPARRAZZA: Right. MR. BROOKER: -- and we have also said yes. COMMISSIONER SPARRAZZA: Okay. I apologize. I must not have -- MR. BROOKER: No. We're willing to accommodate. I know it's expanded a little bit further. Now they want one slip dedicated for their use. I don't know if we can do that, but we are accommodating and -- but with one condition: That's along Mr. Giglio owns the property. He's owner right now; fine. While he can encourage a successor owner to continue cooperating with the neighborhood in this regard, we can't -- we can't dictate anything in that way. COMMISSIONER SPARRAZZA: Wonderful. Thank you very much for your answers. Appreciate that. CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER SHEA: Just a follow-up to Commissioner Sparrazza's. I'm assuming that you've protected yourself by flowing down all the major responsibilities you have on a contract because, if you don't flow them down, then any kind of repair or anything that needs to be done gets tied up in court between the two of you. So I would assume you would have flown down those clauses. That's not my primary question, though. I want to ask Mike a question. I've never sat here and looked at a petition involving submerged land. So it was filled, and it was -- it's zoned RS-4 [sic]. So can they fill that back in and build houses there? Or what happens over a period of time -- now it's officially a waterway and now they call it submerged lands, and if that's the case, what -- what is our obligation as a Planning Commission? We've never dealt with this. Page 48 of 69 Packet Pg. 82 5.A.b May 4, 2023 MR. BOSI: The -- I'm not sure -- Mike Bosi, Planning and Zoning director. In response towards can they fill that land back in, I would have to probably lean upon our environmental staff as to what the process is, but I imagine there would be a process that we would have to follow and satisfy that eventually they couldn't fill that land back in and develop residential. That's what RSF-4 would allow for. COMMISSIONER SHEA: Well, right now they have a piece of property that can't be developed as zoned. So we've kind of done something with somebody's rights on that land and limited it, right? MR. BOSI: What I can tell you is at the time that this marina was developed, the zoning that is currently on it was not what it currently zoned. The zoning has changed. The zoning has changed over time, and during the zoning reevaluation, an RSF-4 designation was applied to this property. I'm not sure what the criteria was when this --when that happened back in the early'90s when that program went on. But that's what the zoning is now. It's been utilized as a marina for over 50 years. They are here to seek to try to provide for consistency with what the underlying w d zoning is with the actual use of that property. c COMMISSIONER SHEA: I can tell you, I am somewhat sympathetic. I rent a lot of boats, and the best place for a place like Freedom is not at the end of a river, small stream like that, because of the 8:00 to 9:00, the 12:00 to 1:00, and the 4:00 to 5:00 rushes when -- the four hours and the eight -hour or whatever time they have out, it's pretty -- it's pretty overpowering when you're -- especially when you're going through such a narrow passage. But -- so from our standpoint, what -- what ability do we really have as a commission on aLn submerged land? Ln N. MR. BOSI: Whether it's a submerged land or not, I think the rezoning criteria is applied the same. The rezone criteria that are contained within your staff report, which you're making an evaluation upon, that doesn't change regardless of whether it's upland or submerged land. What I would say is, I think what staff has looked at as the most pressing is the historic use of this property. It's always been a marina for the last 50 years. They're aligning the zoning with the use of the property. I think that is the appropriate action that -- and they have satisfied the m zoning requirements. COMMISSIONER SHEA: So should we think about it as a piece of land and think about a it as commercial versus residential, which means not having -- having private residences using the v docking facilities versus a commercial? M We look at land as residential or commercial. I look at the submerged land as a commercial rental or just an individual dock rental. Should we look at it like that? Because 9 they're two completely different uses, and they have to go through that small waterway. In MR. BOSI: I will fall back on the historical use of -- c COMMISSIONER SHEA: I told you it wouldn't be an easy day today, Mike. MR. BOSI: The historical use of this property has been a marina. The underlying zoning -- COMMISSIONER SHEA: Commercial -- I'm separating a commercial marina, because that's what this is with Freedom versus a group of individual people that might go out once in a while. MR. BOSI: No. It has always been a privately owned commercial marina. Now, whether they have a lease with Freedom Boat Club or not, it doesn't change the underlying nature of this marina. It's been a commercial marina. It's not a residential. It is a marina that has offered their slips for an individual throughout the world to be able to rent and moor their boats there for commercial -- for commercial property. MS. ASHTON-CICKO: So if it stayed RSF-4, then the use that they have it for now in the waterway is nonconforming. So they want to rebuild, so they can't rebuild. And if it stays RSF-4, it needs to have an upland residential, correct? You know, the -- because you have to have a home or some kind of residential principal use, right? So they wouldn't be -- am I -- I'm trying Page 49 of 69 Packet Pg. 83 5.A.b May 4, 2023 to answer his question. MR. BOSI: Yeah. I don't think that the underlying zoning of this reverts back to changing the nature of the existing marina. MS. ASHTON-CICKO: No. I'm just saying that if it stays RSF-4 in just the waterway, there's no upland use, like you require a residential principal use in order to have the docking facility. It wouldn't be a marina -- I wouldn't be able to operate as a marina, or there would be no docks allowed which, you know, we have some -- we'd have some exposure, you know, if we get sued over that. MR. BOSI: Currently it is a nonconforming -- it's a nonconforming use. If the request is to deny, it's still a nonconforming use. It doesn't change the status. It's not going to -- it's not going to change the status. They won't be able to add additional -- additional facilities. And then we're going to probably -- and then, in that regard they wouldn't be able to expand the marina, but it still -- it's not going to make the marina go away. It's not going to change the commercial nature of it. It simply would be that they would be restricted from adding additional slips because of the w as inconsistency with the underlying zoning. c CHAIRMAN FRYER: Thank you. Commissioner Schumacher. COMMISSIONER SCHUMACHER: Okay. A couple things. So going back to the zoning. I wanted to talk to you about that, because I believe when this code was written, I don't think anybody anticipated the popularity that you would find with a boat club. I mean, typical marinas might have two, three, four, five boats for rent. Here we've got 63 tied up on 39 slips. ILn mean, I don't think anybody kind of thought that was a possibility when that code was written. I v think that's something staff needs to take a look at and, if possible, try to figure out a way we can work out some wording in there to say if you're going to be running a boat rental in excess of one W boat, one slip, well, that's got to be considered in the congestion that we're seeing from these maps and from what the residents are saying on that small waterway. I mean, I can understand their concern. If you've got 63 boats going past you on a busy week, even on the weekend when it's the busiest time, everybody wants to be on the water, that's a concern. I think that that needs to be m looked at. 22 Mr. Brooker, thank you for your presentation. It was well detailed, and I appreciate it. a You just stated that when it goes into permit, it will be one boat, one slip. That would kind of put v Freedom Boat Club in a pickle because they've got 63 on 39 slips, so they'd have to drop down to cUY, 39 boats as soon as you went in for permit, or is that after you get the CO and complete it? After CO and completion? 9 MR. BROOKER: Right. Those boats would be moved over to the western basin, so they would be one boat, one slip. COMMISSIONER SCHUMACHER: Okay. I'll reserve -- I have another question E coming up, but I've just got to review it a little bit more, sir. Thank you. CHAIRMAN FRYER: All right. Well, we're coming close to the end here. a One point that I want to raise, and it had to do with the emergency repairs allowing the neighbors to have reasonable access for that purpose. If that finds its way into the ordinance, it's going to run with the land. It's going to be more than just binding on the current owner. So I want everybody to understand that, you know, if that's what we're going to recommend to the BCC, it's not going to be just for this owner. COMMISSIONER SPARRAZZA: Okay. Stay with the land; stay with the property? CHAIRMAN FRYER: It would run with the land if we put it in. Okay. And I -- and what is your client's position on that, Mr. Brooker? MR. BROOKER: So, number one, that ramp is not part of the subject lands today, so I don't know how you would impose that requirement on land that's being -- that is the subject of a rezone application to land that's not subject to the rezone application. We would -- we have also been accommodating -- Mr. Giglio has always -- to my Page 50 of 69 Packet Pg. 84 5.A.b May 4, 2023 knowledge, has always been willing -- he has never wavered to be willing to work with the neighborhood. One issue is there are a lot in the Brookside neighborhood. You know, how often and how is that going to be managed if it becomes a popular thing, you know, it's something we need to work through, but Mr. Giglio is willing to work through it. But we do not want it to be, essentially, an easement being created and imposed upon these lands that would run forever. CHAIRMAN FRYER: Well, that's the point that I wanted to bring forth so we all understood that. Okay. Anything further from the Planning Commission? (No response.) CHAIRMAN FRYER: Anything further in rebuttal? MR. BROOKER: No, thank you. CHAIRMAN FRYER: All right. I think -- let me just double-check here that the concerns I had have been addressed. The -- who was it? It was Mr. Thomas who said that the r fuel spill recovery kit is in place. There was testimony from one witness, at least, that the only c possible current violation would have been having to do with tanks and spills, and what you're saying is that that is not the case because of this kit; is that correct? MR. BROOKER: That is correct. CHAIRMAN FRYER: Okay. All right. That's all I have. Anything else from the Planning Commission? COMMISSIONER SPARRAZZA: No.Ln COMMISSIONER SCHUMACHER: One more question. v CHAIRMAN FRYER: Yes. Go ahead, Commissioner. COMMISSIONER SCHUMACHER: Waterway traffic study; Mr. Bosi, is there a way that we can facilitate that? Is that possible? MR. BOSI: From staffs perspective, the application has been submitted. To ask for additional information that's not codified that's outside of the process would be not -- I believe would be highly unusual, and I'm not sure if the County Attorney's Office would even suggest that we could impose that type of -- COMMISSIONER SCHUMACHER: I'm just talking about in general. I don't think we could impose it here. CHAIRMAN FRYER: Well, not retroactively. COMMISSIONER SCHUMACHER: Yeah, not retroactively, no. I'm just wondering if that's something that we would look at. CHAIRMAN FRYER: Prospectively, we can always recommend to the Board of County Commissioners that they have a study. We have that ability. But that wouldn't apply to this -- COMMISSIONER SCHUMACHER: No, I'm not looking --I was just asking in general if there's -- if we look at -- if the staff looks at the code and says, if somebody's operating or -- leasing to or operating a marina with X amount of boats for a rental business, much like a Freedom Boat Club, can that tie into also having to do a waterway -- MR. BOSI: There's most certainly -- I mean, with any of our land -use petitions that deal with upland -- and we have traffic impact study requirements, we could -- you could make a request to the Board of County Commissioners for staff to explore the development of a boat mobility study for future marinas -- COMMISSIONER SCHUMACHER: Okay, thank you. MR. BOSI: -- as a possible addition to the code. COMMISSIONER SCHUMACHER: Thank you. CHAIRMAN FRYER: Ms. Cook, did you want to be heard? MS. COOK: Sure. Jaime Cook, director of Development Review. I'd just like to add that when Commissioner Taylor was still in office, the Board did direct staff to conduct a boat study in the Rock Creek area. The Coastal Zone Management team is Page 51 of 69 Packet Pg. 85 5.A.b May 4, 2023 undertaking that study, however they have -- we had a hurricane, and they have been very involved with repairs and restoration efforts. So they haven't had a chance to start it yet, but they are working on that study. CHAIRMAN FRYER: Good. Thank you for that update. COMMISSIONER SHEA: Can you stay there, Jaime? CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER SHEA: Thank you. I just wanted --this is more for information. It's not necessarily for this. But what is the county's ability to address issues like sediment? Is that all by other state agencies, you know, water quality by the state? Is -- the sediment and all that, can the county initiate any -- MS. COOK: Collier County does not have any regulations regarding sediment studies. DEP's website, their watershed monitoring program, does contain a subsection on sediment guidelines. The state or the federal government do not have criteria or state standards for sediment quality. That being said, they have guidelines if a project or a landowner wants to take on N restoration activities or assist in any kind of restoration or water -quality improvements. But there c are no state or federal standards or criteria to do so. COMMISSIONER SHEA: So if somebody dredges, what do they have to do in terms of monitoring the quality of what they're dredging and where they're putting it? MS. COOK: If they want to dredge, a sediment quality study may be the basis of why they want to dredge. COMMISSIONER SHEA: Okay. Okay. Thank you.Ln CHAIRMAN FRYER: Thank you. v No one else is signaling at this time. We should probably take the matter up for discussion and vote. Anyone want to lead off? d COMMISSIONER SHEA: Do they have the ability to speak some more? CHAIRMAN FRYER: Well, if you call on them, they do, but we've closed public comment. a� C COMMISSIONER SHEA: Oh. Can I ask him a -- m MR. COTUGNO: I'm simply wanting an opportunity to rebut. COMMISSIONER SHEA: Can we allow that, or -- CHAIRMAN FRYER: If a commissioner wants you to, you can. I mean, it's -- go ahead. Go ahead. You have five minutes, sir. MR. COTUGNO: Thank you. Appreciate it. So we assessed there's going to be 112, right, vessels. It's not the number of vessels. It's the traffic that is the big matter here. So if you got your calculators out folks, it's not 16,000, right, because you're operating upwards of 75 boats right now. It takes 75 vessels making two trips per day. That's 150 trips per day. That's 54,750 trips per year. I don't know why you minimize the impact down to 16,000. How did you get there? CHAIRMAN FRYER: If you'll address your comments to us, sir. MR. COTUGNO: Thank you. Number two, now, that's Freedom Boat Club today. You take 112 set -in -stone vessels two trips a day, that's 224 trips per day, 365 days, that's 82,000 trips per year on this very small creek. So the request is, as I think we're hearing is, is there an opportunity to look at the traffic, not the number of slips and how many boats you put in there. You can put 150,000 boats in there. If they don't move, then we don't have a problem with that. So point taken aside. Relative to sediment study, Mr. Brooker claims that I forced the DEP into getting involved with a sediment study. I differ with that. What I did do was I requested to what extent would they get involved in -- as were the questions before, and we just heard -- a sediment study, and they continuously said -- Elizabeth Hatchell -- that they defer to the local government. That's the local government's requirement if they determine need be so. So if you're a citizen and nobody knows who has the authority to do that, that's very Page 52 of 69 Packet Pg. 86 5.A.b May 4, 2023 concerning, right? And that's not against you guys. I'm just saying, it seems like the ball is bouncing around in terms of -- and that's all we're asking. And my other point is, when the dredging was done -- and, John, you were kind enough to do that before you took occupancy and ownership of the property -- that dredging was, you'll see in the reports, before and after, and that included our properties. So we don't have, assumably, residual contamination because, allegedly, when you did all of the dredging, it was all cleaned up. And when you look at Terrell's and DEP's report, it shows you two different levels for the whole entire waterway. So that leads us to say allegedly all the contaminates were removed. Freedom Boat Club's area that they occupy, that was allegedly cleaned, and all we're saying is, we notice some contaminates on our properties. Why would you not, as the Freedom Boat Club, claiming to be a very green organization and company, want to prove that you didn't create any further contamination? And if you try to avoid that, then our interpretation is you're hiding something. Why not do it and prove to us -- we're not saying you have to do it. We're saying why don't you do it to demonstrate you did or didn't create further N contamination? That's a simple ask. c So that's really where our concern lies. And we want to do this for the existing operation of Freedom Boat Club, because that's the precedent in which we're concerned about, the ill c consequences and their lack of disregard, as we all stated. In going forward, how do we govern to make sure it sticks to 112 boats? It sortof -- it's like a moving target. We couldn't even come up with a number of boats until today. How do we stick to and create some rules to prevent any more arbitrary and capricious behavior by -- not you,Ln John -- by the Freedom Boat Club or any other lessee of John's property? That's the comment. v That's all we're asking for. CHAIRMAN FRYER: Thank you, sir. W Any surrebuttal, Mr. Brooker? MR. BROOKER: No, sir. The horse is dead. CHAIRMAN FRYER: Okay. Thank you. All right. Ladies and gentlemen at the dais, we are -- the matter is now in our hands for deliberation and vote. Anyone want to start off? COMMISSIONER SHEA: Wow. v a COMMISSIONER SCHUMACHER: I don't think -- listening to all the residents' v comments -- and I appreciate everybody who took time out of their day to come here. When we M look at this code, there's -- you can't do enforcement on somebody's business practices. I think -- I think what the residents have been doing is correct, I think, documenting everything that you're 9 seeing wrong, calling it in to Code Enforcement, creating that paper trail. That, unfortunately, doesn't end with us. That doesn't come here. We're here for the code on this property, which, as the applicant has shown, they could have up to 300-plus slips. They're looking for 112. They've E agreed to do one boat, one slip -- I think that is going to be documented in there as well -- so there is some adherence moving forward versus the 63 tied to the 39 slips right now. a 1 think that we can't -- we can't go at the business practice that's going. But if we look at the code and what they're requesting, it's nonconforming, we're bringing it into conformity, and we're taking it from 300 to the 112. 1 think that's a good mix. I don't -- I can't -- I can't help resolve the issues between Freedom Boat Club and the neighborhood, but I can at least take staff recommendation, which they're asking for a lesser number. One question I did have for the county -- for the attorneys are, how would they -- if they built docks on his property X amount of years ago, wouldn't that have been picked up in, like, permitting or something where they'd say, hey, you're building a dock on somebody else's submerged lands, or how does that get resolved? Or is it just something where it's just granted to those owners since there is no removal in X amount of time? MS. ASHTON-CICKO: I don't know whether they got county permits or if there was a permitting requirement at the time those docks went in. So I would think, unless he -- oh, did you Page 53 of 69 Packet Pg. 87 May 4, 2023 5.A.b want to comment? MR. FRENCH: Yeah. For the record, Jamie French. I'm not sworn in, Terri. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. FRENCH: I do. Anything beyond the seawall, you're -- you do not have the authority. They go through the state. COMMISSIONER SCHUMACHER: They go through the state. MR. FRENCH: So if the state allowed them to build their docks on somebody else's property, that's the state. That wouldn't have been us. COMMISSIONER SCHUMACHER: The state. MR. FRENCH: And the contractor would have had to demonstrate that with a survey where the location of that building would be. We'd go to the seawall. Beyond the seawall -- any even the seawall, by the way, is issued by the State of Florida. COMMISSIONER SCHUMACHER: Gotcha. c MR. FRENCH: But we would not have any local permitting. Local permitting wouldn't even have been established other than just a marker card back in -- until probably the early'80s. This marina has existed --and I grew up here. It's been here probably since the'50s or'60s. COMMISSIONER SCHUMACHER: Gotcha. All right. Thank you. CHAIRMAN FRYER: Thank you. Any other comments? , (No response.) Ln N. CHAIRMAN FRYER: I'm going to try to summarize where I think we are. And this is certainly not at all without sympathy for the owners, as we have seen this many, many times, those W of us sitting on this side of the dais, where expectations arise as a result of the passage of time and then situations change. We area body of very limited jurisdiction. There's only so much we can do, and what we can do is recommendatory at most anyway. So we have to operate within those strictures. And m we listen to evidence, we evaluate the evidence, and then we give it our best shot. From my perspective, coming into this, we, as a Planning Commission, have accomplished a nine things, I think, being added into the ordinance if we approve this for recommendation. And v the first one --and I'll just tick them off. They were the other offers that the applicant has agreed cUY, to add in. NMH to ensure that access to and from Brookside residents' docks is not impeded and that 9 existing docks will not be extended any further north into the basin. Number two, FBC to install two cameras within marina basin. Number three, FBC to explore cooperating with Mr. Harms to install a third camera at the E entrance to Rock Creek. Four, FBC to send manned vessel to entrance of Rock Creek to monitor activity at a anticipated high -use times. Number five, NMH to offer 10 additional cameras to property owners along Harbor Lane, first come, first served. Next number, NMH to offer one wet slip to marine law enforcement vessel. Next, live boards [sic] will be prohibited to moor at wet slips or anchor in the basin. And, finally, personal watercraft, e.g., jet skis, Sea-Doos, WaveRunners, et cetera, are prohibited to moor at the wet slip. And, finally, we're going to have one slip equal one boat for the maximum of 112 boats for the applicant. Now, that may not go, perhaps, anywhere near what the hopes and expectations of the neighbors would have been, but I think it goes a pretty substantive way toward it and, for that reason, I'm going to support a motion to approve subject to those conditions being incorporated Page 54 of 69 Packet Pg. 88 May 4, 2023 5.A.b into the conditions for approval. MS. ASHTON-CICKO: Chairman Fryer? CHAIRMAN FRYER: Yes. MS. ASHTON-CICKO: I'd just like to clarify for the record that I will be working with Mr. Brooker to clarify the document to make sure that it's enforceable as we work on those conditions and get it in final form for the Board. CHAIRMAN FRYER: Thank you very much. So with that additional condition or understanding, Commissioner Shea. COMMISSIONER SHEA: I'm probably just going to reiterate what the other commissioners have said. It's very frustrating for us because we have a limited frame of reference that we can operate under. And it sounds like you have some real concerns. And we're not -- we don't have any control over that. We're very limited. I would have to support it, as much as I sense the frustration and probably would be just -- if I vote against it, it doesn't accomplish anything. And this -- and it probably doesn't really help me comply with what I committed to do when I got on the committee. CHAIRMAN FRYER: Any other comments or questions? (No response.) CHAIRMAN FRYER: If not, I'd entertain a motion. COMMISSIONER SPARRAZZA: So motioned as depicted by the Chair, including our attorney's additional comment. CHAIRMAN FRYER: The nine conditions plus the County Attorney's additional comment? COMMISSIONER SPARRAZZA: Correct. CHAIRMAN FRYER: Is there a second? COMMISSIONER SHEA: Second. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you very much. Thank you, applicant; thank you, members of the public, staff, and Planning Commission. Now, it's 13 minutes after 1:00. 1 had a conversation with Mr. Mulhere, who I believe is ready, willing, and able to go forward if we want to. I want to just touch base and see whether we would like to continue and just postpone our own lunch or whether we want to break for lunch. There's probably no way of estimating, and we can -- I mean, we can always -- we can always break for lunch. I mean, if this goes another two hours, we can decide to break for a meal. My personal preference would be that we try to plow through, but mostly because that's how I think you -all frequently like to do it. COMMISSIONER SCHMITT: Yep. CHAIRMAN FRYER: All right. Okay. Having said that -- COMMISSIONER SCHUMACHER: I'm good. Thank you. CHAIRMAN FRYER: Then -- all right. Madam Court Reporter, are you okay without a quick break? THE COURT REPORTER: (Nods head.) CHAIRMAN FRYER: ***So then our third and last hearing today will be on Page 55 of 69 Packet Pg. 89 5.A.b May 4, 2023 PL20210002658, which is the Stor-All Storage rezone. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Ex parte disclosures from the Planning Commission, ma'am, starting with you. MS. LOCKHART: Staff materials only. CHAIRMAN FRYER: Thank you. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Public record matters, as well as meeting with staff, and communication with the applicant's agent. COMMISSIONER SPARRAZZA: Communications with the applicant's agent and staff materials. N r COMMISSIONER SCHUMACHER: Staff materials and meeting with staff. c CHAIRMAN FRYER: Thank you. With that, Mr. Mulhere, the Chair recognizes you. MR. MULHERE: Thank you, Mr. Chairman. Bob Mulhere, for the record, with Hole Montes, here on behalf of the applicant. Also with me today is Felix Pardo, who is an architect who I've worked with in the past for the same applicant; and Chris Mitchell, who is the civil engineer who's worked on this project through several site plans and site plan amendments; andLn Ellen Summers who works with me. I do want to note that, unfortunately for Ellen, while she's v here today, it's her birthday. COMMISSIONER SCHUMACHER: Happy Birthday. W COMMISSIONER SPARRAZZA: Did she get a brownie? MR. MULHERE: She didn't know that I knew that. MS. SUMMERS: No, I didn't. MR. MULHERE: So you know where the subject property is -- it's depicted on that aerial m just east of Collier Boulevard and accessed with very limited access from Tamiami Trail. I'll get into the details of that shortly. a And we're requesting a rezone from C-3 to C-5 to permit the full range of C-4 uses and the v self -storage facility. That's the only C-5 use. So that's limited to just the self -storage. cUY, This is a picture -- a snippet from the county's Future Land Use Map. It's kind of interesting because that shows you that this is a commercial mixed -use activity center at that c intersection, and the county's Future Land Use Map shows the squares, approximately 1,320 feet in u� every direction, north, south, east, and west, but that is not what that activity center looks like, and we'll get into that in just a minute. E This is the zoning map. You know, we have frontage on a very busy Tamiami Trail that is six-laned that, you know, has turn lanes. It's pretty wide at that location, very close to the a intersection. We have commercial -- three other quadrants to this activity center, and I'll get into the details of that. But, obviously, the northwest quadrant, the southeast quadrant, and the southwest quadrant, those are all within this commercial activity center. This is a copy of the conceptual site plan. I do want to point out a few things here in particular. That's not on, so I don't get to do my magic. I'll just have to use the mouse. And you can see that this is an existing preserve, and you can see that this is a stormwater -- significant stormwater area that extends across this way. And north of us is Falling Waters Residential PUD. And we worked with the residents and homeowners association in Falling Waters both the first time that we came for the existing self -storage and this time. We do have the HOA president who is going to be to leaving to catch a flight at 3:00, but Page 56 of 69 Packet Pg. 90 5.A.b May 4, 2023 hopefully he's still going to be available to speak via Zoom long before that. I don't think I'll take that much time; I promise. I do want to point out this is a very limited access, as I said. There is commercial that runs to the east here, a farm tractor store, some other kind of construction -related developments, and then this is also owned by our client. This is a vacant lot that, if this were to be approved, would allow C-4 uses. And you see there's an interconnection here, but there is actually no real interconnection, because after spending quite a bit money and a long time of negotiation, we've never been able to come to terms with the CVS. The CVS really controls that, and if they demand something that makes no economic sense in terms of payment for interconnection, then we're not going to interconnect. And, really, I think that's an issue that the county ultimately needs to consider. They did have a settlement with that property owner when the interconnection in Collier Boulevard was widened, and perhaps that was an opportunity to require that interconnection. But as long as you d r have people making exorbitant demands, those interconnections are not going to happen. c This is a rendering that Felix, or maybe somebody that works for Felix, did showing the existing self -storage right here, the proposed right here, and, of course, the singular point of access c that we have, which is a right -in, right -out from the East Tamiami Trail. So this property is designated urban, urban commercial. It's within the mixed -use activity center. In fact, on Page 10 of the staff report, Packet Page 539, under the GMP conclusion by staff, the first sentence says, the GMP is the prevailing document to support land -use decisionsLn such as this proposed rezoning. Staff concludes that this petition is consistent with the GMP. I v won't read the rest of the sentence, because we'll get to that in a minute. So you have a frontage road that would extend now further to the west, and maybe some W day we'll be able to connect through the CVS and access -- traffic could access, then, Collier Boulevard. It wouldn't change the only access point, which is a right -in, right -out, and there's really -- you know, it's that limited access that really dictates the kind of uses that you're going to see on this property. m This is the site plan prepared by Chris Mitchell and his staff, again, showing you the preserve and this stormwater facility. There's a significant distance between Falling Waters here a and both of these facilities and, of course, even whatever happens here in the future on the vacant v Lot 3. We spent a lot of time working with Falling Waters. We improved this existing wall that M was in a state of disrepair. It was painted and, in some cases, reconstructed. We put in extra landscaping on both sides. And I'll let the HOA president speak for himself, but I think we've had 9 an excellent working relationship with them. As a result, they support what we're asking for. So it's 180 feet as the closest point on the proposed building, and there is an existing 6-foot wall installed by the developer. E We already talked about the uses, but there are some other conditions on there. Lighting will be Dark Sky compliant. No more than one fast-food drive -through establishment is allowed. c° a We agreed to limit the location of the ordering window if we went with fast food on the vacant Lot 3 to not be within 100 feet of Falling Waters, and that the payment and ordering windows would not be located between the building and U.S. 41. So they'd be on the side, west or east. Square footage is limited to 105,000 square feet. Hours of operation are 8:00 a.m. to 9:00 p.m. There is very limited exterior lighting on the building itself. Only for security purposes. There's no parking on the Falling Waters side of the building. The self -storage units are accessed from the interior, so we don't have a bunch of doors or sliding garage doors. You come into the facility, and then you access your unit. We have a maximum size -- we did on the original one. We've retained that -- of 200 square feet. As I said, no parking on the north side. No functional windows. There are faux windows to meet architectural standards, but no functional windows. Page 57 of 69 Packet Pg. 91 5.A.b May 4, 2023 And the loading areas and building accesses are prohibited on the rear or north side of the building. We have very limited height because that was one of the conditions we agreed to with our neighbors. So we have a zoned height of 35 feet, which is the same as for a single-family, generally speaking, and actual of 38 feet. Very low traffic generator. You see that those numbers probably appear a little high to you, but that's because of the potential on the vacant lot of a fast-food restaurant. The actual numbers for the self -storage facilities are very -- I think they're 16 or 17 p.m. peak -hour trips. So let's talk about the elephant in the room, the staff recommendation, at least from my perspective. I was really surprised by the staff recommendation. The East Naples Community Development Plan has been accepted by the Board, but it is not a regulatory document. The staff is working through that process with GMP amendments to create the overlay and LDC amendments. We've been in this process since February. We have submitted a Site Development Plan, and that's under review. There was actual discussion at the Board as to whether or not to implement a moratorium c which would have restricted those uses that were deemed less desirable -- they're not prohibited uses even in the recommendations moving forward -- but less desirable uses. That moratorium did not go forward, and I think that's important in your deliberations because, you know, my client has the right to request this. He's in the mixed -use activity center, and these restrictions have at this point no regulatory element associated with them, and there's no guarantee they're even going to get approved as recommended right now, because that public policy discussion hasn't occurred yetLn in front of either you or the Board of County Commissioners. v However, we understood that we should try to comply, at least to whatever extent it was feasible and appropriate, to what we understand will be the recommendations as they relate to -- let's just limit it to this use. There are undesirable uses; car washes, gas stations, and self -storage -- or less desirable. They're not restricted -- they're not prohibited. They are restricted in terms of certain proposed and, yet, not approved design standards and maybe some locational restrictions as well. One of the proposed conditions -- and it was raised at our NIM -- was whether or not we 22 would agree to 30 percent of the ground floor of the building being some other use, and we don't a agree to that and we can't agree to that. It's not a viable condition. But we do have a vacant lot v immediately adjacent to us which will be developed with some C-4 use. What goes there is going M to be a direct -- directly resultant from the limited access here. So a convenience -type use, and, in my opinion, based on my experience, even a fast-food c use, is highly unlikely because of that limited access. I think more likely you might get a credit u� union, a bank, a small office building, something that doesn't need or rely on convenience because it isn't going to be convenient to get in and out of there. E So, you know, you can only get in from traveling east on U.S. 41, making a right. And you can't get through to Collier Boulevard, so now you've got to go back out, go through the a intersection, and turn around if you want to go back to where you came from. It's just not convenient. One of the recommendations was that if you didn't -- and for the proposed overlay is that you don't have to provide this other use within the building. You can provide it outside or elsewhere on the property, but it needs to be in front of the self -storage. Well, I mean, if we go back to the site plan, you know, there really is not the opportunity for us to do that. This is a frontage road. You come in here, there's a frontage road right here. There's a landscape buffer that runs along U.S. 41 right inhere. It would make no sense to jog this building back. We can't. We have the stormwater, permitted, and this preserve. Sothis -- there's no place to put Lot 3 in front of Lot 2; however, this does provide an opportunity for some other use that, perhaps, under the East Naples Community Plan is more desirable, that maybe employs more people, such as an office or a bank or a credit union. Page 58 of 69 Packet Pg. 92 5.A.b May 4, 2023 I just want to make sure I mentioned there was no moratorium. I mentioned that Lot 3 is available for some other use, in some ways consistent with the recommendations of the overlay. We have an existing buffer along U.S. 41. You know, one of the recommendations is to have a 25-foot buffer on all sides of such a use but not on the 41 side, because they want -- they want the buildings to be closer to 41 is my assumption. I don't know why you have to have a 25-foot buffer between an existing commercial use and another commercial use. Again, that hasn't been debated as a public policy issue. I'll be here to talk to you when it's on your agenda. We don't -- we don't have any metal roll -up doors. The building is accessed internally, which is also part of the proposed conditions. They have a condition that says no building shall exceed 100 feet. We can't -- we can't really address that. This is longer than 100 feet. We're not having any outdoor storage associated with this use. Again, the primary -- there are two primary reasons why this makes sense. Number one, the severe limited access of this site does not lend itself to a whole lot of other uses. To the east of w d r us are -- is a Tractor Supply store. People -- I think they're not going there for convenience. c They're going there for a purpose, a couple of construction -related uses. The CVS, when the county was going to take a significant amount of property from them, argued -- I don't know if they were successful, but argued as part of that taking claims that their access was severely limited by the revisions to this intersection and that there were damages associated with that. So, I mean, it's not like the other quadrants, and I'm going to show you that. This is the actual map of the activity center. So if the ideas espoused in the East NaplesLn Community Plan have some value, they have value where you have sufficient room to v accommodate a mixture of uses and different uses. Down at the town center and in this activity center, for example, you have this fairly large commercial quadrant right here. You have another one right here. And this is actually fairly large and is developed with a number of -- I don't know if it's a regional shopping center, but Ulta and these kinds of stores. You can see that this is completely different here. It has no depth sufficient to m accommodate a wide variety or mixture of uses. And I guess the second reason is that the individual -- the community that's most affected a is Falling Waters directly to our north, and they're 100 percent behind this proposal. This exhibit v shows you the actual dimensions and depths. So, you know, these projects have over 2,000 feet M here -- on the northwest and southwest quadrants have over 2,000 feet of frontage. This one is a little odd -shaped triangular, but it's got a lot of depth in the rear, so they designed it such that the 9 buildings are where the parcel is the widest, and parking is up in the front. This obviously, just looking at it, is nothing like those three configurations. The opportunities simply don't present themselves there. E We had a neighborhood meeting. This is the comment that, you know, that was made by the HOA representative. There was a representative of the East Naples Civic Association who did c° a speak and ask us to commit to a 30 percent commitment of some other use. I would argue -- although we said we couldn't do that, I would argue that we have that immediately adjacent to us in vacant Lot 3, that opportunity. I did have one minor revision. It turns out we had limited height to 15 feet, but the actual height for the lights adjacent to U.S. 41 do need to be taller. They need to be 20 feet, so I'm proposing that addition. They already are 20 feet on the existing portions. In deference to your already busy day, that concludes my presentation. I'm happy to answer any questions that you have. CHAIRMAN FRYER: Planning Commission? Go ahead. COMMISSIONER SPARRAZZA: A couple simple ones. Thank you, as always. It was a great presentation. You certainly do your homework. A couple quick, simple questions. Your client owns all three of those properties, correct? Page 59 of 69 Packet Pg. 93 5.A.b May 4, 2023 MR. MULHERE: No. Well -- all three, well, Lots 1, 2, and 3. COMMISSIONER SPARRAZZA: Correct. MR. MULHERE: Yes. COMMISSIONER SPARRAZZA: And Lot 1 is currently -- MR. MULHERE: Self -storage. COMMISSIONER SPARRAZZA: -- self -storage. This one is called All Store something. MR. MULHERE: Stor-All. COMMISSIONER SPARRAZZA: Stor-All. MR. MULHERE: Stor-All. They were both called Stor-All when we went through. I don't know -- MR. PARDO: Development arm, legal entity. MR. MULHERE: Okay. So that's a legal entity development. COMMISSIONER SPARRAZZA: Very good. And as you depicted in your w d presentation, they're going to look fairly similar on the visuals that drivers on 41 -- c MR. MULHERE: Yes. COMMISSIONER SPARRAZZA: -- will see. No one on 951 really sees it. Roughly the same size, 10,000, 15,000 square difference for -- (Simultaneous crosstalk.) MR. MULHERE: Ninety-four versus 105,000, so 9,000, yeah. COMMISSIONER SPARRAZZA: Okay. So 9,000.Ln Height roughly the same? v MR. MULHERE: Yes. COMMISSIONER SPARRAZZA: Thirty-five, specked out at 38 actual. I'm just kind of going over the notes, and you covered them very well. Nice job. I'm satisfied. MR. MULHERE: Thank you. CHAIRMAN FRYER: Thank you. I don't want all this to go to your head, Mr. Mulhere. MR. MULHERE: Don't worry. Don't worry. I'll be here next time and be beaten up. CHAIRMAN FRYER: And that possibly being the case, I would be remiss in not also saying you do run a very good NIM, and thank you for that. This was well done. MR. MULHERE: Thank you. CHAIRMAN FRYER: I -- I'm going to need some clarification. Certainly I will want staff to weigh in. I'm probably going to want to hear from the County Attorney. The moratorium question's an easy one, because there is none right now. There's talk of one, and there's one County Commissioner who has expressed, perhaps, an interest in it. I don't know where the other County Commissioners are, and it wouldn't matter because there's no moratorium yet. Now, that takes us over to the East Naples Zoning Overlay, and this is where things get a little fuzzy in my mind. This is something where the Board of County Commissioners, albeit, I presume it was a previously constituted Board of County Commissioners, accepted -- accepted this overlay. Now, I'll start by asking the County Attorney. What legal significance does that have as far as we're concerned and as far as the developer's concerned, the fact that this has been accepted, and what does that mean? MS. ASHTON-CICKO: So at this stage of the game, there is a pending Growth Management Plan amendment for -- to create an overlay, and you -all saw the transmittal resolution. It doesn't -- the overlay doesn't become effective until you -- the Board adopts the ordinance, which is probably going to be in another five or six months, and Mr. Mulhere's client's application predated all of this. CHAIRMAN FRYER: Okay. MS. ASHTON-CICKO: So it's generally not effective. Page 60 of 69 Packet Pg. 94 5.A.b May 4, 2023 CHAIRMAN FRYER: All right. So I take it what you're saying is is that the fact that it's been accepted is not legally binding upon us at this point because it's premature? MS. ASHTON-CICKO: Correct, there are no regulations -- CHAIRMAN FRYER: Right. MS. ASHTON-CICKO: -- you know. CHAIRMAN FRYER: Okay. Thank you. Now, the separation requirement -- I don't know if this is partly what you meant when you were talking about locational. But the two storage facilities are less than a quarter of a mile apart. Is that quarter -of -a -mile separational -- or locational requirement, is that part of this EZO that hasn't been approved yet? MR. MULHERE: Yes. CHAIRMAN FRYER: Okay. MR. MULHERE: It's recommended. No. It's not even part of the overlay. The overlay is a GMP. And I think Mike can speak to these issues. But it's a GMP amendment to w d establish an overlay. c What you had already accepted is simply a plan and a report. No regulatory authority. GMP gets -- if it gets adopted in four or five months would then result -- and I think they're going to run pretty much simultaneously -- in a land -- set of land -code amendments that would implement that overlay. In that proposed set of land code amendments -- because I've seen them and reviewed them -- there is a recommendation to have a quarter -mile separation. CHAIRMAN FRYER: Okay. So right now there is no such requirement?Ln MR. MULHERE: Correct. N CHAIRMAN FRYER: Thank you. All right. And the comment or the words that are out there, five undesirable uses, that d doesn't have the force and effect of law yet, does it? MR. MULHERE: I'm not a lawyer, but as a planner I would say no. CHAIRMAN FRYER: All right. So those are my questions and comments. How about from the other Planning Commission members? COMMISSIONER SCHUMACHER: I'm trying to process this. So the East Naples Overlay, where did that end? Like, what was the -- this seems like this is right on the boundary; a way down, right? v MR. BOSI: The proposed East U.S. 41 --East Naples Zoning Overlay runs all the way to M Port of the Islands. COMMISSIONER SCHUMACHER: That's right. I'm just thinking of this, because 9 when you get on the road, there's nothing there. So, I mean, I agree with Mr. Mulhere that it's a limited site. There's really not a lot you can do with it, I mean, just because the access to it is tough. The Tractor Supply Store, which is E one down, has its own left-hand turn to go into it. You've got a sheriffs substation there and a security company. Q MR. MULHERE: Yes. COMMISSIONER SCHUMACHER: So there's not really a lot you can do with this property, and -- CHAIRMAN FRYER: Anything else from the Planning Commission at this point? Commissioner Shea. COMMISSIONER SHEA: I'd like to hear from Mike. CHAIRMAN FRYER: Well, that's next. COMMISSIONER SHEA: I don't have anything for Bob. CHAIRMAN FRYER: All right. Anything else, Mr. Mulhere? MR. MULHERE: No. Thank you. CHAIRMAN FRYER: Okay. Then we'll hear from staff. Mr. Bosi. MR. BOSI: Staff -- or Mike Bosi, Planning and Zoning director. Page 61 of 69 Packet Pg. 95 5.A.b May 4, 2023 Staff -- for all things being equal, if it wasn't for the East Naples Development Plan and then the overlay that has been transmitted -- and the transmitted overlay basically extended the Traffic Congestion Management Area to extend from Rattle Hammock down to 41 but also allow for additional qualified targeted industries. That's the only thing that it did. What was going to -- at adoption we were going to bring the East Naples Zoning Overlay, and that zoning overlay, which was based upon the recommendations and the identification of those undesirable uses within the East Naples Development Plan, had specific design treatments for those five undesirable uses and had a specific separation requirement for self -storage facilities. And why we brought that to your attention, even though it's not a binding -- because it's not adopted; it's not law. But what we -- why we brought it to you, they have C-3 zoning. A storage utility is not allowed in C-3 zoning. They are asking for a rezone. A rezone -- there's a lot of things that are brought into the considerations as to whether the rezone is appropriate or not. We felt that the direction that the East Naples Development Plan suggested for these undesirable uses, and then working with the community and what they felt was appropriate, d r meaning having separation between these, was at least a pertinent piece of information the c Planning Commission and the Board of County Commissioners should you have while you're thinking about whether you should grant the rezoning as part of the consideration. But there's further complication. The further complication -- and it became -- staff has become aware of it about two weeks ago, three weeks ago, is Senate Bill 250 -- and excuse me, Bob, I've got to jump in here. MR. MULHERE: That's okay.Ln MR. BOSI: And what Senate Bill 250 says -- and this has been approved by both the v House as well as the Senate. And it says -- and this is -- this basically talks -- the effective date of this proposed legislation is September 29th of 2022, and why that's a significant date, that's the date W of Hurricane Ian. And it says, it's going to run until October 1 st of 2024, and what it says is a county or municipality located entirely or partially within 100 miles of where Hurricane Ian or Hurricane Nicole made landfall. So that's Collier County. We are included in that. And, one, shall not propose or adopt any moratorium or construction, reconstruction, and redevelopment of property damaged by Hurricane Ian or Hurricane Nicole. That's not the a pertinent part. This is the pertinent part. Shall not propose or adopt more restrictive or v burdensome amendments to its Comprehensive Plan or land development regulations or propose or M adopt more restrictive or burdensome procedures concerning review, approval, or issuance of a site plan, development permit, or a development order to the extent that these terms are defined by 9 163.3164, Florida Statutes, before October 1 st of 2024. So what that's saying -- and I had a conversation with the County Attorney's Office yesterday. They are further exploring it with commissioner -- or Mr. Klatzkow. Upon -- that E effect upon the proposed EZO overlay. That EZO overlay cannot propose anything more restrictive than currently that [sic] we have on our books today. a Therefore, that separation requirement that was being proposed will have to be tabled until after -- if this bill is signed by the Governor -- it's been approved by the House. It's been approved by the Senate. There's only four members of the Florida Legislature that voted against this legislation. If it does get signed on July lst, we will have to have a conversation with the Board of County Commissioners that says that we cannot adopt any additional regulations. If some of the regulations that are contained in that EZO overlay are more restrictive than we currently have, we can't adopt it. Our hands are tied. So our recommendation of denial was a little stronger a month ago when our staff report was being generated. We recognize that it's something we want to at least provide -- make the Planning Commission and the Board aware of that it's not -- it's not in alignment with what the community was looking for within the EZO. But based upon Senate Bill 250, what's going to be provided for within the overlay may have to be tabled to a later date. Page 62 of 69 Packet Pg. 96 5.A.b May 4, 2023 So staff does recognize that there has been some changing conditions, and it most certainly will have an effect upon what we will take forward or what we can even take forward to the Board of County Commissioners, because it doesn't -- the original bill said a county couldn't adopt. This says they can't even propose it. So I'm not sure where -- legally where that stands. So we will have to work that out further with the County Attorney's Office, but -- so that's a portion or a twist that we weren't expecting. But, obviously, we wanted to share with you that will have a profound effect upon what we can move forward related to that EZO overlay. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Mike, I guess I'd go down another avenue. This is in an activity center. I haven't been here long, but the idea of an activity center is to promote activity: Jobs, transportation, concentration where we're building our infrastructure to support. To me it seems like a storage facility should be someplace else other than an activity center because it w d defeats all the intents of an activity center. c And I'm not trying to get hung up on the legal side of it. I'm just trying to understand. It seems it's contradictory to our overall growth management intent, even if it's not a regulation yet. MR. MULHERE: The other thing I can speak to that is I understand your perspective, and I don't disagree that some more active uses would be something that you would expect within an activity center, but it does allow for the C-1 through C-5 uses, and storage facilities are a permitted use in C-5, a conditional use in C-4.Ln So it is endorsed -- the C-5 zoning that permits storage facilities is a zoning that is v promoted by activity centers. Now, it may not be in alignment with what the average person would want to see within an activity center, but in terms of permitted uses and how activity centers W allow the zoning categories within it, it does allow that zoning category that permits self -storage facilities. COMMISSIONER SHEA: So refresh my memory. Why are we here, then? MR. BOSI: Because it's currently zoned C-3. A storage facility is a -- is not an allowed use in a C-3 zoning district. It's in an activity center. That sets your future land -use designation. 22 The zoning is C-3. The C-3 zoning district does not allow storage facilities. a A C-4 site would allow storage facilities but as a conditional use. A C-5 site, which is v being proposed for the rezoning, it allows a storage facility as a permitted use. It is -- and activity M centers allow C-1 through C-5 in a variety of our commercial uses. All of them are allowed within activity centers. So they're consistent with the Future Land Use Element. They're just 9 inconsistent currently with their current zoning. COMMISSIONER SHEA: So if we just vote to reject this, they can't build a storage facility there? E MR. BOSI: If you would vote to -- if you would make a recommendation of denial, that would be the end result. Of course, you would have to express why -- what are the conditions a within the rezoning criteria that you found that it didn't satisfy to justify that determination. But, yes, that would be the end result. COMMISSIONER SHEA: That's it. CHAIRMAN FRYER: Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Real quickly. Lot 1 with the current storage facility is was originally zoned C-3, correct? MR. MULHERE: (Nods head.) Rezoned to C-5. COMMISSIONER SPARRAZZA: Rezoned to C-5. MR. MULHERE: With a limited use. Same condition. COMMISSIONER SPARRAZZA: We're doing the same thing to the adjacent lot to a building that will look very, very similar -- MR. BOSI: Yes. Page 63 of 69 Packet Pg. 97 5.A.b May 4, 2023 COMMISSIONER SPARRAZZA: -- with limited use on that property, correct? MR. MULHERE: Correct. COMMISSIONER SPARRAZZA: Thank you. MR. MULHERE: And if I may -- CHAIRMAN FRYER: Okay. MR. MULHERE: -- Commissioner Shea, I don't necessarily disagree with what you said. That's part of the reason why the East Naples Community Plan has been adopted, but there are -- I think you have to look at some unique conditions here. The location east of Collier Boulevard, you can see that the geometry of these other quadrants in the activity center are completely different than the geometry of this one. This purple line represents the actual boundaries of that activity center. If you look at the criteria that Mike talked about, these are the rezone findings. This is the staff responses. Whether the proposed change will be consistent with the goals/objectives of the Future Land Use Map and the elements of the Growth Management Plan. r Response, staff concludes this petition is consistent with the GMP. c Existing land -use pattern. The proposed rezone will not affect the existing land -use pattern. Possible creation of an isolated district. The zoning will not create an isolated district. Whether existing district boundaries are illogically drawn in relation to existing conditions. The existing district boundaries coincides with the lot lines. So, again, not illogically drawn. Whether the changed or changing conditions make the passage of this rezone -- make theLn passage of this rezoning necessary, and the response is, the proposed rezone from C-3 to C-5 is not v specifically necessary; however, the petitioner believes the rezone is necessary to accommodate the use. That's true of any rezone. They're not necessary. They're necessary to get the use you W want. Whether the proposed change will adversely influence living conditions in the neighborhood. Well, the only affected people are strongly in favor of this, so I don't think it's going to adversely affect the living conditions. Whether the proposed change will create or excessively increase traffic. We know it's far less traffic than almost any other use. Whether the proposed change will create a drainage problem. We've got an improved stormwater plan. It won't create. It will improve. Whether the proposed change will seriously reduce light and air. It won't. Whether the proposed change will adversely affect property values. It won't. Whether the proposed change will be a deterrent to improvement of development of the adjacent property. Staff does not anticipate the rezoning would be a deterrent to improvement of the adjacent property. Whether the proposed change will constitute a grant of special privilege. Well, yeah, the rezone will allow us to do a use that we can't do today. I don't think that's a grant of special privilege. There's a process here. Anybody can avail themselves of the same process on their own property. Whether there are substantial reasons why the property cannot be used in accordance with the existing zoning. To your point, no, there's -- there are uses that are allowed; however, it's in an activity center, which allows C-1 through C-5. Whether the change is out of scale with the needs of the neighborhood. This is the one that staff says, of all these criteria, it's staff s position that the proposed rezone to C-5 and resulting facilities may be out of scale with the needs of the community; however, typically, that's up to the -- more to the market, because I can tell you my client wouldn't be spending money for this property unless he felt like there was a market. But, you know, the staff does point out that should the rezoning be proposed -- as proposed, there will be nearly 272,000 square feet of self -storage, because there's another -- third Page 64 of 69 Packet Pg. 98 5.A.b May 4, 2023 self -storage building to the north on Collier Boulevard, so that incorporates all of them. Staff says, however, there is a growing need for facilities that store goods for the surrounding community. The proposed building will be limited to 35 feet of actual height -- zoned height and 30 actual, which is consistent with the building immediately to the east. So of all that criteria -- there's 18 criteria -- there's really one that staff raises an issue with, and that's driven by the fact that this would be consistent with the East Naples Community Plan, which isn't in effect. I think it's -- it's not right to subject my client to this criteria which isn't in effect, shouldn't be applied. The Board of County Commissioners had the opportunity to approve a moratorium. They chose not to do that. And this was discussed about existing uses in process during that discussion. Thank you. CHAIRMAN FRYER: Thank you. That was kind of a rebuttal, but you got a head start. Mr. Bosi, anything further from staff? w MR. BOSI: Nothing further from staff. r CHAIRMAN FRYER: Okay. Do we have any registered public speakers? c COMMISSIONER SHEA: May I ask Mike. CHAIRMAN FRYER: Oh, yes, of course. Commissioner Shea. COMMISSIONER SHEA: Mike, are you changing staffs recommendation based on what you've learned in the last few days? MR. BOSI: Based upon the direction and the anticipation that Senate Bill 250 will become, if the Planning Commission makes a recommendation, the staff is going to get in line withLn that recommendation to the Board of County Commissioners. v COMMISSIONER SHEA: What's your recommendation? MS. ASHTON-CICKO: I don't think you need to make any decisions based on Senate W Bill 250 today. So proceed as you normally would regardless of what the bill says. COMMISSIONER SHEA: So would your recommendation to this commission stand? MR. BOSI: My recommendation -- our recommendation -- (Simultaneous crosstalk.) MR. BOSI: -- does stand, that we're recommending denial because the neighborhood has expressed to us through our interactions with them, through the development of the East a Naples -- or the U.S. 41 EZO Zoning Overlay, that they have concerns with storage facilities and v would like to see better control of those land uses. That is a constant whether we're prohibited or M not prohibited from implementing those desires. But staffs perspective, we've heard from the community. They have expressed concerns 9 over these auto -oriented type of uses such as storage facilities. CHAIRMAN FRYER: Thank you. Registered public speakers? E MS. PEDRON: Mr. Chairman, we do. We have an online speaker and in -person. We will go ahead and proceed with our online speaker first. c° a CHAIRMAN FRYER: All right. MS. PEDRON: Frank Ferraiuolo. Frank, do you hear me? (Simultaneous crosstalk.) CHAIRMAN FRYER: Yes. Spell your last name for us, sir. MR. FERRAIUOLO: F-e -- CHAIRMAN FRYER: Yes. MR. YOUNGBLOOD: Sorry about that. CHAIRMAN FRYER: We lost him? MR. FERRAIUOLO: Can you hear me? CHAIRMAN FRYER: Now we can. Spell it again, please, sir. MR. FERRAIUOLO: Okay. I'm sorry. F-e-r-r-a-i-u-o-1-o. Page 65 of 69 Packet Pg. 99 5.A.b May 4, 2023 CHAIRMAN FRYER: All right, sir. You have five minutes. Please proceed. MR. FERRAIUOLO: Okay. I'm the Falling Waters Beach Resort master president. I'm also president of Phase 4, which is the six buildings that are closest to the wall that we were speaking about. I've had meetings several times with the developer before it was built, after it was built. They met all our conditions. The buildings are 70 or 80 feet from our wall. They repaired the wall, finished the wall that was done. They told me they would landscape our side, and they did. They painted the wall. It's been an -- it's been nice for the community. The wall is in good shape and good repair. We have about 10 or 12 restaurants right across the street about 7- or 800 feet from our opening. We have Burger King, Wendy's, McDonald's, Miller's, Chipotle, Starbucks, and a few other restaurants and, you know, restaurants make smells. The last two years we've had a problem with bears because of all the construction in the neighborhood, and bears have been on our property, upending our garbage and our recycling and N our regular garbage, that we had to have special containers built to bear -proof ourselves. c So bringing anything other than a nice, clean business, which is the storage business -- because there's very little garbage, if any. There's no smells from those buildings at all. And to maybe possibly have a restaurant or a convenience store there where their garbage will be open -- and if you go by any of these restaurants -- I was in business for 40 years. They don't take that great care of the garbage and how it's processed and how it's dumped in there and everything else. That will definitely affect our community and bring the bears back. So I'mLn worried about that. c"'•, The lighting that they put in doesn't affect the lighting. I've had no complaints from my �, neighbors about the lighting that was in the building there. And as far as I'm concerned, they're very good neighbors. So I would like to see a second storage facility put in there other than some use that might cause problems for our community. Anybody have any questions? CHAIRMAN FRYER: No, but thank you very much, sir. m Next speaker, please. MS. PEDRON: Mr. Chairman, our next speaker is Gordon Brumwell. a MR. BRUMWELL: Hi. Gordon Brumwell from Crown Pointe. v I'd like to express that I'm grateful for the owner to try to sync with some of the elements cUY, of the upcoming zoning overlay even though it's still upcoming. I think that's a nice thing to do. The East Naples Community Development Plan has been adopted. The 41 East Overlay is 9 in the pipeline regardless of legalities. Both show the community wish to slow the trend of more and more storage. c And a separate element that hasn't really been touched on yet is to preserve our E fast -disappearing natural heritage, both the aesthetics and the function. So the storage is not consistent with that sentiment that the community has. a Separately, the five or so palm trees in those sunbaked stark renderings certainly don't help preserve the aesthetic and natural functions that this area's had in the past. Those are blastingly white walls with, I think, four palm trees in front of them along a rather long frontage. So I guess one thing I might suggest is please keep the desires of the community to not want more storage around but, perhaps, also keep in mind there might be a happy medium in which, if this goes forward, you know, maybe take some of the landscape elements of the EZO, meet the buffer system halfway, plant some canopy trees along 41. That way what comes out of this would better match what we hope to see the EZO provide this area. Thank you. CHAIRMAN FRYER: Thank you. Any further registered speakers? MS. PEDRON: Mr. Chairman, we do not have additional speakers at this time. Page 66 of 69 Packet Pg. 100 5.A.b May 4, 2023 CHAIRMAN FRYER: All right. Anyone in the room who's not registered but would like to be heard, please raise your hand. (No response.) CHAIRMAN FRYER: Seeing none, we will -- no members of the Planning Commission are signaling that they want to be heard, so we will close the public comment portion of the hearing at this time. And, Mr. Mulhere, do you have rebuttal? MR. MULHERE: No. I appreciate those comments. And there is -- as I mentioned -- I don't know. It might have got lost in the rest of the presentation -- but this property -- the frontage of this property was reduced significantly when that intersection was improved, and the state came in and took property here and reduced this for a long turn lane to go northbound on Collier Boulevard. So there is only 10 feet in this area within which landscaping can go. There's 20 feet down here, and there are canopy trees within that. d r I think that the gentleman was referring to the architectural rendering. I forget exactly c where that is here, but -- there. This doesn't -- I mean, I should say a caveat. This does not show the existing landscaping along 41. And it does have some green elements in the building. It was primarily intended to show you the building architecture. We'll meet or exceed the code as far as landscaping, but that buffer is already approved through an approved SDP and was reduced right here, again, when the county went in and -- or excuse me -- well, I don't know if it was the county or the state. But whenever they created thatLn turn lane. That's why it was reduced. So when this happens -- you're not expected to now replace v that buffer -- you've lost that land for public benefit. Also, you can see that there's a frontage road here, and it would make no sense to jog that frontage road north. It would create a traffic condition that's very undesirable. This frontage road goes all the way east and west. And maybe someday there will be an interconnection through the CVS to get to the north, so it doesn't make any sense to change that. I did appreciate the comments, though. I stand with the position that, you know, maybe m this will be the last one that gets approved, if it does, prior to the actual regulatory component of the East Naples planning. The county looks at lots of plans. They don't force them until there's a a regulatory component. v Thank you. cUY, CHAIRMAN FRYER: Thank you. No one is signaling at this point. Any members of the Planning Commission desire to be heard at this time? If -- c Commissioner Schumacher. u� COMMISSIONER SCHUMACHER: So going back to Bob's point, I agree with him that it's a real limited use that you could use with this. The neighbor to the north, which is the E president of the master association HOA, has said they desire to have this. They already have a good relationship with the developer on the first storage one that's built in there. So I'm having a a hard time on agreeing with staff on this because it looks like this works. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: I have the opposite opinion. I would -- I think we need more activity in an activity center, and I support staff s recommendation. CHAIRMAN FRYER: Okay. Any further comments at this point? (No response.) CHAIRMAN FRYER: If not, we'd entertain a motion. COMMISSIONER SHEA: I move we approve -- recommend approval consistent with the staff s recommendation. CHAIRMAN FRYER: Staff s recommendation is denial. COMMISSIONER SHEA: Denial, yes. Page 67 of 69 Packet Pg. 101 May 4, 2023 5.A.b CHAIRMAN FRYER: Okay. Is there -- COMMISSIONER SHEA: I reinforce that. CHAIRMAN FRYER: Is there a second? (No response.) CHAIRMAN FRYER: It fails for lack of second. Entertain another motion. COMMISSIONER SCHUMACHER: I'd make a motion to approve as presented by the applicant against the staff s recommendation. CHAIRMAN FRYER: Motion to approve. Is there a second? COMMISSIONER SPARRAZZA: Second. CHAIRMAN FRYER: Any further discussion at this time? MR. MULHERE: Mr. Chairman, I just wanted to mention, I did request the lighting be consistent with the existing lighting on 41. CHAIRMAN FRYER: Twenty feet. MR. MULHERE: Just on 41, yes. CHAIRMAN FRYER: Understood, yeah. The movant and the seconder would accept that; instead of 15 feet, the lighting's going to be at 20 feet? COMMISSIONER SPARRAZZA: Height? MR. MULHERE: Correct. COMMISSIONER SPARRAZZA: To match the current? MR. MULHERE: Yes. COMMISSIONER SPARRAZZA: Yes, approve. COMMISSIONER SCHUMACHER: Approve. CHAIRMAN FRYER: So that's going to be part of the motion. Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: It passes 3-1. Thank you, applicant. Thank you, staff. Thank you, members of the public. MR. MULHERE: Thank you. CHAIRMAN FRYER: Thank you, Planning Commission. Is there any old business to come before the Planning Commission at this time? (No response.) CHAIRMAN FRYER: If not, is there any new business? (No response.) CHAIRMAN FRYER: Any additional comments from members of the public that were not covered in our agenda today? (No response.) CHAIRMAN FRYER: If not, thank you very much. Without objection, we're adjourned. Page 68 of 69 Packet Pg. 102 May 4, 2023 5.A.b There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:04 p.m. COLLIER COUNTY PLANNING COMMISSION EDWIN FRYER, CHAIRMAN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 69 of 69 Packet Pg. 103 9.A.1 06/01 /2023 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.1 Doc ID: 25428 Item Summary: PL20220004546 - CPUD (PUDZ) Dunkin Donuts Collier Boulevard - An Ordinance rezoning property to establish the Dunkin Donuts Collier Boulevard CPUD to allow up to 10,000 square feet of C-1, C-2, and C-3 uses on 1.98f acres of property located on the west side of Collier Blvd 350± feet north of Pine Ridge Road in Section 15, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Ray Bellows, Zoning Manager] Meeting Date: 06/01/2023 Prepared by: Title: — Zoning Name: Laura DeJohn 05/05/2023 8:54 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 05/05/2023 8:54 AM Approved By: Review: Planning Commission Diane Lynch Review item Operations & Regulatory Management Donna Guitard Review Item Zoning Ray Bellows Review Item Zoning Diane Lynch Review Item Zoning Mike Bosi Division Director Growth Management and Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Completed 05/17/2023 10:42 AM Completed 05/17/2023 11:41 AM Completed 05/17/2023 4:27 PM Skipped 05/17/2023 6:20 PM Completed 05/18/2023 7:49 AM GMD Deputy Dept Head Completed 05/24/2023 3:31 PM 06/01 /2023 9:00 AM Packet Pg. 104 9.A.1.a Co t ber County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JUNE 1, 2023 SUBJECT: PL20220004546 — DUNKIN DONUTS COLLIER BOULEVARD CPUD (PUDZ) PROPERTY OWNER/AGENT: Owner: Neffs Collier Realty LLC 6685 Collier Boulevard Naples, FL 34114 Agent: D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission consider an application to rezone f 1.98 acres from Estates (E) to Commercial Planned Unit Development (CPUD) for a project to be known as the Dunkin Donuts Collier Boulevard CPUD to allow for the development of up to 10,000 square feet of commercial uses permitted by right in the C-1, C-2, and C-3 zoning districts. GEOGRAPHIC LOCATION: The subject property is +1.98 acres located northwest of the intersection of Pine Ridge Road and Collier Boulevard, within Section 15, Township 49 South, Range 26 East, Collier County, Florida. (See location map on the following page) PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD May 16, 2023 Page 1 of 15 Packet Pg. 105 joilloo s;nuoa upluna - 9ti(!ti000ZZ0Z-1d : 9ZtSZ) 9tiSti000ZZ0Z-1d £Z9�S0 podaN 1je;S :;uewt4oe;;y flA18 J-1HOD stiz-E966 NO W O Q T o W F �a v J G'90! CI7 � J � y+ nos LS uaF'E UA R-"111103 I � U: G n Z e R7 G � a o � G ILA J PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD May 16, 2023 CL co 0 C] J L") Q Q C) N N O CV J CL L E Z5 Z c O Page 2 of 15 9.A.1.a PURPOSE/DESCRIPTION OF PROJECT: This request is for rezoning +1.98 acres identified as Property Folio # 37930440004 from Estates (E) to a Commercial Planned Unit Development (CPUD) to allow for a maximum of 10,000 square feet of C-1, C-2, or C-3 permitted uses with drive-thru. This site lies in the area covered by the Golden Gate Area Master Plan/Urban Golden Gate Estates Sub -Element, with a designation of Estates, Estates Mixed Use District, Neighborhood Center Subdistrict, specifically the Collier Boulevard/Pine Ridge Road Neighborhood Center. This Center provides the opportunity to request commercial zoning. The centers are designed to concentrate all new commercial zoning and conditional uses. Access to the site is shown on the CPUD Master Plan via a frontage road for which the right-of- way was provided to Collier County at the time of improvements in the vicinity of the Pine Ridge Road/Collier Boulevard intersection. Three additional access points are also available and depicted on the CPUD Master Plan: (1) access along Neff s Way, a 30-foot wide right of way easement (easement documentation included as Attachment B for reference); (2) potential vehicular/pedestrian interconnection to commercial property to the south via an easement (see Attachment C for easement documentation); and (3) potential vehicular/pedestrian interconnection to the VFW Post parking lot to the north. The CPUD Master Plan (Sheet 2) indicates that a minimum of 30% of the site (0.6 acres) will be provided as open space, including a minimum 0.28-acre preserve to the rear of the site where residences are located across Neff s Way, and a minimum 1,925-square foot public open green space/courtyard will also be provided consistent with Neighborhood Center criteria in the GMP. E,ESTATES 2S MBE VFW POST LANDSCAPE BUFFER II ...--..... E1 •I� m m t;z - - - PRESERVE S& WIDE - 1 ,PRESERVE - � N ' I �•.—f.-f.- f'ti/.J .JJ'J E. ESTATES VFw POST Er 11Y W1DE TYPE 'A'LANDSCAPE BUFFER WHICU Al 4 11HIGl1LAR�PEOE5TRfAN 25' 1N1DE p�reRCONNEcnpN+ LANDSCAPE BUFFER 11 1' I -till ff W1 E4� ° - - _ - - I PE TYPE'k' LZ7SCAPE EIUFFER - - - .I POTFWMAL E3 VEHICLILARIPEDESTRL4N INTEROCIIECTION m I ZONED Gam' RETAIL CENTER ZONED: G3 CONVENIENCE STORE LU,INP ,,,„......,_ DUNA7N DONDIS GG7LLIER BOULEVARD Iil':lI�S ��1111II' COMMERCIAL I-111T C EASEMENTS (SEE SHEET 2 OF 2) I�'t " "" "` "" � " R u aR27, 2023 CPUD Master Plan (included with Draft Ordinance) PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD May 16, 2023 X o w goo SCALE: 1" - 1W Page 3 of 15 Packet Pg. 107 9.A.1.a SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property. The subject site is currently undeveloped and zoned Estates (E). North: To the north is a VFW Post zoned Estates (E) with Provisional Use approval by Resolution 82-137. East: East of the property across Collier Boulevard are single-family residences and undeveloped properties zoned Estates (E). South: To the south is a commercial retail plaza and gasoline service station with a convenience store; rezoned Commercial Intermediate District (C-3) by Ordinance 96-25. West: West of the property across Neff s Way is a single-family residence zoned Estates (E). PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD May 16, 2023 co It LO 0 0 0 N N O N J IL M N O T_ UJ O O N� M co Cd G t t,1 a Page 4 of 15 Packet Pg. 108 9.A.1.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The GMP is the prevailing document to support land -use decisions, such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. This petition is consistent with the GMP. Future Land Use Element (FLUE): This site is governed within the Golden Gate Area Master Plan. This subject site is Estates Designation, Estates Mixed Use District, Neighborhood Center Subdistrict (text found in Urban Golden Gate Estates Sub -Element). This Neighborhood Center Subdistrict is shown in the bold black outlined area on the Collier Boulevard/Pine Ridge Road Neighborhood Center map, below. PW Collier Boulevard/Pine Ridge Road Neighborhood Center map The subject site is zoned Estates (E). The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. The centers are designed to concentrate all new commercial zoning and conditional uses. The Neighborhood Center may be developed at 100% commercial and must provide internal circulation. Any rezoning is encouraged to be in the form of a PUD. Projects directly abutting residential property (property zoned E-Estates and without an approved conditional use) shall provide, at a minimum, a seventy-five (75) feet wide buffer in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and must be consistent with subsection 3.05.07.H. of the Collier County PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD Page 5 of 15 May 16, 2023 Packet Pg. 109 9.A.1.a Land Development Code (LDC). The Master Plan demonstrates these requirements have been met. The Urban Golden Gate Estates Sub -Element contains fifteen specific criteria for land uses at the Collier Boulevard/Pine Ridge Neighborhood Center. The petitioner's response to these criteria is included in the Applicant's Backup Material (Attachment D). Commitments are included in Exhibit F, List of Development Commitments, included in the attached Draft Ordinance to ensure compliance with applicable criteria. The PUD may be deemed consistent with the FLUE of the GMP. Transportation Element: In evaluating this project, staff reviewed the applicant's December 27, 2022, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the then -applicable 2021 and the current 2022 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, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition the proposed development will generate a projected total of +/- 81 PM peak hour, 2-way trips on the adjacent roadway segments of Collier Boulevard and Pine Ridge Road. The trips generated by the development will occur on the following adjacent roadway link using the 2021 and 2022 AUIR: PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD Page 6 of 15 May 16, 2023 Packet Pg. 110 9.A.1.a Linlc/Roadway Link 2021 2022 Current Peak Projected 2021 2022 AUIR AUIR Hour Peak P.M. Peak Remaining Remaining LOS LOS Direction Hour/Peak Capacity Capacity Volume/Peak Direction Direction Project Trips 1 3 L 1/Collier Golden D D 3,000/North 14/NB 536 284 (2) Boulevard Gate Blvd to Pine Ridge 31.2/Collier Pine D D 3,000/North 12/SB 509 259 (2) Boulevard Ridge to Green Blvd 125.0/Pine Collier C C 2,400/East 10/WB 798 673 Ridge Road Blvd to Logan Blvd 68.0/Pine Logan D D 2,800/East 2/WB 194 (2) 314 (2) Ridge Road Blvd to I-75 • (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from December 27, 2022, Traffic Impact Statement provided by the petitioner. • (2) Expected deficient by trip bank, see State Statute 169.3180 below. Section 163.3180 of the Florida Statutes requires a local government to satisfy transportation concurrency requirements if the applicant enters into a binding agreement to pay or construct their proportionate share. The Statutes further state that any facility determined to be transportation deficient with existing, committed, and vested trips, plus additional projected background trips from any source other than the development project under review, and trips that are forecast by established traffic standards, including traffic modeling, consistent with the University of Florida's Bureau of Economic and Business Research medium population projections, without the project traffic under review, the costs of correcting that deficiency shall be removed from the project's proportionate -share calculation and the necessary transportation improvements to correct that deficiency shall be considered to be in place for purposes of the proportionate -share calculation. The improvement necessary to correct the transportation deficiency is the funding responsibility of the entity that has maintenance responsibility for the facility. The development's proportionate share shall be calculated only for the needed transportation improvements that are greater than the identified deficiency. In addition, per the Statute the applicant is eligible for a dollar -for -dollar credit for the road impact fees anticipated for the development. In additional staff notes the following network area improvements are in the current 5-year work program: Collier Boulevard from Green Boulevard to Golden Gate Main Canal 4 to 6 lane expansion, and the Pine Ridge Road I-75 Diverging Diamond Interchange. Both network improvement projects are projected to address network capacities and levels of service. Based on the TIS and the 2022 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPU Page 7 of 15 May 16, 2023 Packet Pg. 111 9.A.1.a Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 1.88 acres of native vegetation. A minimum of 0.28 acres (15%) of native vegetation is required to be preserved. GMP Conclusion: The PUD may be deemed consistent with the GMP. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Review." Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The required preserve is 0.28 acres (15% of 1.88 acres). Although no listed animal species were observed on the property, the Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicates the presence of Black Bear (Ursus americanus floridanus) in the area. A black bear management plan will need to be included at PPL or SDP review. Environmental Services staff recommend approval. Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC. Transportation Planning Staff recommends approval of the Dunkin Donuts Collier Boulevard PUDZ. Landscape Review: The North and South buffer requirements are based on the LDC and are labeled on the Master Plan consistent with the LDC. The GMP has specific requirements for the East and West buffers. The widths for these buffers labeled on the Master Plan are consistent with the GMP. The planting requirements for the East and West buffers exceed the planting requirements of any of the LDC buffer types; for these the compliant widths are shown on the Master Plan. Zoning Services Review: Zoning Division staff has evaluated the request relative to intensity and compatibility. Also, we reviewed the proposed development standards. The property lies within a designated Neighborhood Center per the Urban Golden Gate Estates Sub -Element. This renders the proposed professional, office, convenience, and intermediate commercial uses of the C-1, C-2, and C-3 zoning districts generally appropriate at the location. Buffers are delineated on the Master Plan to provide screening along the property's perimeter. The one property boundary that is adjacent to residential use is the western boundary along Neff s Way. The western property line is enhanced with a preserve area that extends 174 feet into the property from the Neff s Way right-of-way easement, including 25 feet designated as a buffer; this provides separation and buffering for the neighboring residence. PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD Page 8 of 15 May 16, 2023 Packet Pg. 112 9.A.1.a Staff considered the applicant's request to allow all C-1, C-2, and C-3 use relative to the intent for the project to be a Dunkin Donuts (SIC 5812 — Eating places). The GMP explicitly prohibits 13 categories of uses within Neighborhood Centers, therefore those uses are automatically also prohibited in the CPUD. Eating places (5812) are permissible per the GMP and the C-3 district, limited to 6,000 square feet or less in gross floor area in the principal structure. The request is for a maximum of 10,000 square feet of gross floor area within the CPUD. Because the applicant seeks flexibility for long-term market conditions, allowing all permitted uses in the C-1, C-2, and C-3 zoning districts (these districts list up to 97 permitted uses) was originally proposed. Staff coordinated with the applicant to tailor the CPUD uses considering the site and location. The CPUD is updated with 10 additional categories of prohibited uses in addition to all those prohibited by the GMP. These additional prohibited uses are inappropriate for the location considering the lot size, orientation, and proximity to the nearby businesses and residential uses: 62 various types of Repair services — miscellaneous (7699), Animal specialty services which entails boarding kennels, breeding, and horse training (0752); Educational plants and public schools; Gasoline service stations (5541); Group care facilities; farm granges and humane societies within Membership organizations — miscellaneous (8699); Parking lots/structures (7521); bartering services, comfort station operation, escort service, and Turkish bath within Personal services — miscellaneous (7299); Pubic administration specific to space and research technology (9661); sale of fireworks, monuments/tombstones and sales barns within Retail services — miscellaneous (5999); and Valet parking. To the north and south, the adjoining uses are compatible with the proposed CPUD. The CPUD Master Plan shows potential for interconnecting to the north and the south, making it possible to arrange for shared parking if needed, consistent with Neighborhood Center criteria in the GMP. The proposed intensity of 10,000 square feet on 1.98 acres yields a Floor Area Ratio (FAR) of 0.12, which is generally consistent with suburban development patterns and reasonable for the location. PUD FINDINGS: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to the physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The development pattern in the area is predominantly low -density residential Estates properties, punctuated at the intersection of Pine Ridge Road and Collier Boulevard with a Neighborhood Center on the northwest and southwest quadrants of the intersection. Neighborhood Centers are intended to meet the needs of nearby residents for goods and services. As part of the Neighborhood Center, this site is an "infill" site between an existing PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD Page 9 of 15 May 16, 2023 Packet Pg. 113 9.A.1.a gas station and strip shopping center and a VFW fraternal organization. With four points of access and interconnection, the site is well connected to allow for a distribution of vehicle, bicyclist, and pedestrian trips entering and existing the property. Sufficient area on the site is dedicated as preserve area facing the residential property to the west. A Conceptual Water Management Plan was submitted (see Applicant's Backup Material in Attachment D) and accepted by County Stormwater Review staff. Water and sewer are available to the site. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report on page 5. 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 CPUD as proposed will be compatible with the mix of commercial uses within the Collier Boulevard/Pine Ridge Road Neighborhood Center and the residential uses in the surrounding area. The Master Plan proposes the appropriate setbacks and enhanced perimeter landscape buffers to protect the adjoining parcels. The western property line is enhanced with a preserve area that extends 174 feet into the property from the Neff s Way right-of-way easement, including 25 feet designated as a buffer; this provides separation and buffering for the neighboring residence. The CPUD Master Plan shows potential for interconnecting to the north and the south, making it possible to arrange for shared parking if needed, consistent with Neighborhood Center criteria in the GMP. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. For Commercial PUDs, 30 percent of the gross area shall be devoted to usable open space according to LDC Section 4.07.02. G.2. The PUD Master Plan indicates that 30 percent of the site (equal to 0.6 acres) will be provided as open space to comply with this standard. Per the Urban Golden Gate Estates Sub -Element of the GMP, PUDs in the Neighborhood Center Subdistrict shall provide a functional public open -space component developed as green space within a pedestrian -accessible courtyard, as per LDC Section 04.06.03 B.B. The green space within a pedestrian -accessible courtyard has to be at least 7% of the PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD Page 10 of 15 May 16, 2023 Packet Pg. 114 9.A.1.a vehicle use areas and located within the front yard(s) or courtyards of shopping centers and retail establishments. The PUD Master Plan indicates that 1,925 square feet of green space will be provided to meet this requirement. 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 the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. The development must comply with all other applicable concurrency management regulations when development approvals are sought, including but not limited to any plats and or site development plans. 7. The ability of the subject property and surrounding areas to accommodate expansion. A maximum of 10,000 square feet of commercial use is proposed. The area has adequate supporting infrastructure to accommodate this project. The PUD boundary is not proposed to be modified and cannot be expanded due to existing development to the north and south and existing easement and right-of-way to the west and east. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. No deviations are proposed in connection with this request to rezone to CPUD. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered a proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GMP. Comprehensive Planning staff determined the petition is consistent with the goals, objectives, and policies of the FLUE and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The land use pattern in the area is predominantly low -density residential Estates properties, punctuated at the intersection of Pine Ridge Road and Collier Boulevard with a Neighborhood Center on the northwest and southwest quadrants of the intersection. Neighborhood Centers are intended to meet the PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD Page 11 of 15 May 16, 2023 Packet Pg. 115 9.A.1.a needs of nearby residents for goods and services. As part of the Neighborhood Center, this site is an "infill" site between an existing gas station and strip shopping center and a VFW fraternal organization. The one property boundary that is adjacent to residential use is the western boundary along Neff s Way. The western property line is enhanced with a preserve area that extends 174 feet into the property from the Neff s Way right-of-way easement, including 25 feet designated as a buffer; this provides separation and buffering for the neighboring residence. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Should the rezoning to CPUD be approved, it would create an isolated CPUD district, but it is not unrelated to existing uses on properties specific to the south (zoned C-3) including retail and professional services and a vehicle fueling station, across Pine Ridge Road (zoned Brooks Village CPUD) including a variety of retail shopping and services, and the VFW building to the north (zoned E with Provisional Use). Furthermore, the subject site is within the Neighborhood Center designation, where rezoning to PUD is encouraged. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing district boundaries are logically drawn. This CPUD boundary follows the boundaries of the existing parcel. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not specifically necessary but is being requested in compliance with the LDC provisions to seek such changes. The existing zoning designation, Estates (E), does not permit commercial development, therefore the applicant is requesting a rezoning to CPUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change is not anticipated to adversely influence living conditions in the neighborhood. The PUD is proposed to be developed in compliance with the buffering standards required by the LDC and the Golden Gate Area Master Plan. The western property line is enhanced with a preserve area that extends 174 feet into the property from the Neff s Way right-of-way easement, including 25 feet designated as a buffer; this provides separation and buffering to screen the proposed commercial use from the neighboring residence. 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. PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD Page 12 of 15 May 16, 2023 Packet Pg. 116 9.A.1.a The roadway infrastructure has adequate capacity to serve the proposed project at this time and as outlined above, 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 the first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. A Conceptual Water Management Plan was submitted (see Applicant's Backup Material in Attachment D) and accepted by County Stormwater Review staff. Stormwater best management practices, treatment, and storage will be addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County staff will evaluate the project's stormwater management system, calculations, and design criteria at the time of SDP and/or PPL. 9. Whether the proposed change will seriously reduce light and air in adjacent areas. It is not anticipated that this CPUD will reduce light or air in the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based on 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. The approval of the CPUD rezone request is not likely to deter the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed PUD rezoning is consistent with the policies of the Growth Management Plan, so the proposed amendment can be deemed to be in alignment with public welfare and not a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the use of the property for a residence or related use permitted in the Estates district would be incompatible with GMP designation as a Neighborhood Center and incompatible with the VFW Post to the north and the commercial uses to the south. PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD Page 13 of 15 May 16, 2023 Packet Pg. 117 9.A.1.a 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The proposed uses, development standards, and developer commitments will help ensure that the project is not out of scale with the needs of the neighborhood or the County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated 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 is 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 must comply with the criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and must be consistent with applicable goals and objectives of the GMP related to adequate public facilities. The petition has been reviewed by Comprehensive Planning staff for consistency with the GMP as part of the rezoning process and found to be consistent. Concurrency review for Adequate Public Facilities is determined at the time of SDP review. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare. To be determined by the Board during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant's agent conducted a NIM on February 7, 2023, at the Golden Gate Community Center, Meeting Room B, 4701 Golden Gate Parkway. The meeting commenced at approximately 5:30 p.m. and ended at 5:57 p.m. Approximately 8 people attended. A resident along Neff Way expressed concern about traffic, maintenance, debris, and overflow parking along Neff s Way, noting that it is not maintained and serves as a driveway for residents. Traffic at the intersection of Pine Ridge Road and Collier Boulevard was also a concern, with a resident noting that school buses complicate the issues and traffic backs up past 7th Avenue. The agent noted that interconnections will provide outlets to assist with distribution of traffic to both Pine Ridge and PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD Page 14 of 15 May 16, 2023 Packet Pg. 118 9.A.1.a Collier Boulevard. Stormwater flooding was also mentioned as a local concern for low-lying property owners. The applicant's engineer explained that permitting will be in accordance with the Water Management District criteria; stormwater collected on -site will run through a pretreatment system and then to a bermed water management system before entering the County's drainage system. The NIM documentation is included in Attachment E. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on May 8, 2023. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval. Attachments: A) Draft Ordinance B) Documentation for Neff s Way right-of-way easements C) Documentation for easement interconnection to the south D) Applicant's Backup Material E) NIM Documentation F) Public Correspondence PUDZ-PL20220004546; Dunkin Donuts Collier Boulevard CPUD Page 15 of 15 May 16, 2023 Packet Pg. 119 9.A.1.b ORDINANCE NO.2023 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE AND ZONING ATLAS, WHICH ESTABLISHED THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO BE KNOWN AS THE DUNKIN DONUTS COLLIER BOULEVARD CPUD; ALLOWING UP TO 10,000 SQUARE FEET OF C-1, C-2, AND C-3 USES ON 1.98f ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BLVD 350f FEET NORTH OF PINE RIDGE ROAD IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20220004546] WHEREAS, Neffs Collier Realty LLC, represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, Inc., and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property is changed from an Estates (E) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a 1.98+/- acre parcel to be known as the Dunkin Donuts Collier Boulevard CPUD, in accordance with Exhibits A through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. [22-CPS-02282/1782847/1] 64 Dunkin Donuts Collier Blvd (PUDZ) Page 1 of 2 PL20220004546 5/16/2023 Packet Pg. 120 9.A.1.b SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Derek D. Perry 2' j Assistant County Attorney 5� 2023. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman Attachments: Exhibit A: List of Permitted Uses Exhibit B: List of Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: List of Deviations Exhibit F: List of Development Commitments [22-CPS-02282/ 1782847/ 11 64 Dunkin Donuts Collier Blvd (PUDZ) Page 2 of 2 PL20220004546 5/16/2023 Packet Pg. 121 9.A.1.b EXHIBIT A LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: Principal Uses: A. A maximum of 10,000 square feet of gross floor area shall be permitted within the CPUD. 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 uses permitted by right in the C-1, C-2 and C-3 Zoning Districts and including only the following list of uses for SIC 7699, any uses not listed below for SIC 7699 are prohibited. 1. Repair services - miscellaneous (7699) a. Antique and furniture repair b. Bicycle repair c. Optical repair d. Camera repair e. Dental instrument repair f. Key duplicating g. Laboratory instruments h. Leather goods repair i. Locksmith shops j. Luggage repair k. Medical equipment repair I. Musical instrument repair m. Nautical repair n. Picture framing o. Rug repair p. Saddlery repair q. Scientific instrument repair r. Sewing machine repair s. Sharpening and repair of knives, saws and tools t. Surgical instrument repair u. Taxidermists v. Thermostat repair w. Typewriter repair (Dunkin Donuts Collier Boulevard CPUD PL20220004546) May 16, 2023 Page 1 Packet Pg. 122 x. Window and blind repair B. The following uses are prohibited. 1. Animal specialty services (0752) 2. Educational plants and public schools 3. Gasoline service stations (5541) 4. Group care facilities 5. Membership organizations, miscellaneous (8699) a. Farm granges b. Humane societies 6. Parking Lots/Structures (7521) 7. Personal services, miscellaneous (7299) a. Bartering services b. Comfort station operation c. Escort service d. Turkish baths 8. Public administration (9661) 9. Retail services - miscellaneous (5999) a. Fireworks b. Monuments/tombstones c. Sales barns 10. Valet parking C. The following principal uses are prohibited per the Neighborhood Center Subdistrict: 1. Drinking Places (5813) and Liquor Stores (5921) 2. Mail Order Houses (5961) 3. Merchandizing Machine Operators (5962) 4. Power Laundries (7211) 5. Crematories (7261) (Does not include non -crematory Funeral Parlors) 6. Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331) 7. NEC Recreational Shooting Ranges, Waterslides, etc. (7999) 8. General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) 9. Elementary and Secondary Schools (8211), Colleges (8221), Junior Colleges (8222) 10. Libraries (8231) 11. Correctional Institutions (9223) 12. Waste Management (9511) 13. Homeless Shelters and Soup Kitchens. D. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. (Dunkin Donuts Collier Boulevard CPUD PL20220004546) May 16, 2023 Page packet Pg. 123 9.A.1.b Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Courtyards 2. Covered parking (e.g., carports) 3. Gazebos 4. Outdoor dining area, subject to parking requirements of LDC Section 4.05.04. 5. Walls and fences 6. Water management (Dunkin Donuts Collier Boulevard CPUD PL20220004546) May 16, 2023 Page Packet Pg. 124 9.A.1.b EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standard tables. 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. TABLE I COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 1.98 AC. N/A MINIMUM LOT WIDTH 150 FEET N/A MINIMUM YARDS (External) Front (Eastern PUD Boundary) 25 FEET 25 FEET Side (Northern PUD Boundary) 10 FEET 10 FEET Rear (Western PUD Boundary) 75 FEET 75 FEET Side (Southern PUD Boundary) 25 FEET 25 FEET MINIMUM YARDS (Internal) Internal Drives/ROW ** 5 FEET 0 FEET Preserve 25 FEET 25 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 10 FEET 10 FEET MAXIMUM HEIGHT Zoned 30FEET 25 FEET Actual 35 FEET 25 FEET MINIMUM GROSS FLOOR AREA 1,000 SQUARE FEET N/A MAXIMUM GROSS FLOOR AREA 10,000 SQUARE FEET N/A * Fences, walls, signage and water management facilities are not subject to the accessory setbacks of the PUD ** Excluding Public Right of Ways. (Dunkin Donuts Collier Boulevard CPUD PL20220004546) May 16, 2023 Page 4 of 11 Packet Pg. 125 COLLIER BOULEVARD w a. Lu ocUnw - -- �0u- zLL N JZ) CO Wz -- - _ Z - - w 0 -_ 1 W ---------- -------- -- - - I Q g z _ 0 1 w2of F-W� ----- W-o 1 Q 1 CL' Z u-1 1 w � �' w zw 0 w > m Lu 0 U - Q- <<Z 1 -- -- UI �Z)0 I- - - - - U) z�� -� Z- 0w� w ILi - JI a>Z ILL - Q aLu �1 _U I� - �_ I �Q - IQ - Iw I} to - 13 �'/^� V! wU) i i i a a ,.+ _ O - i i i aw > i a a a a i� LLu v/ —__- W 3 i a` a 4� w W Lu i i LLi > i a a / a4J a a - yw ,LLI a 1L i s i w- _._ w Y^N� LL a w a —_ - �. li --_ - -__ U i i a a a 9 1 - --_... ------.-.. N- ww w ww E, ESTATES RESIDENTIAL 59000ZZOZld OAl9 8311100 SinN00 NINNno 8300 0NINNtlId - 9.A.1.b p O O Q SS S N O ui q v oU q N � j o u N d O UgN p co D U w N LWU U 0 Z O WNW O Z N am Z z 0 0 q L d � V q C �x7- -< O p o•u R 5 5_ d p c i � R • Q ` o C" e N N e O � N 00 a - c'5 Lu O N `` L1a Z — — — — T� 7 M — N 'g C m r w - ui V i m V N C u— O 0 LN Q W W 2 � U) N W Q z W NEFFS WAY w a Q — H U z -------------------- Lu Lu W � W O W Packet Pg. 126 1 SITE SUMMARY TOTAL SITE AREA: 1.98± ACRES COMMERCIAL (C) 1.35± AC (68%) PRESERVE 0.28± AC (14%) LANDSCAPE BUFFERS 0.25± AC (13%) ROW (NEFFS WAY) 0.10± AC (5%) COMMERCIAL: MAXIMUM GROSS FLOOR AREA - 10,000 S.F. OPEN SPACE: REQUIRED: 30% PROVIDED: 30% GREENSPACE: REQUIRED: 1,925 S.F. (27,500 S.F. OF VEHICLE USE AREA X 7% = 1,925 S.F.) PROVIDED: 1,925 S.F. PRESERVE: REQUIRED: 0.28± ACRES (1.88 ACRES NATIVE VEGETATION X 15%) PROVIDED: 0.28± ACRES EASEMENTINDEX E1 - 22.5' RELEASE OF ROW EASEMENT (OR 1082 PG 326) E2 - NEFF'S WAY (OR 1075, PG 700) E3 - 6.0' UE & DE (OR 97, PG 492) E4 - 30' WIDE AGREEMENT FOR NON EXCLUSIVE USE OF ROAD (OR 1537, PG 603) E5 - APPROXIMATE LOCATION OF INGRESS/EGRESS ROW EASEMENT (OR 2363, PG 1471) E6 - APPROXIMATE LOCATION OF INGRESS/EGRESS ROW EASEMENT (OR 2801, PG 1601 AND OR 2363, PG 1471) E7 - 5' TEMPORARY CONSTRUCTION EASEMENT (OR 4963, PG 2748 AND OR 5293, PG 3048) E8 - 15' SLOPE EASEMENT (OR 4963, PG 2748 AND OR 5293, PG 3048) NnTFS 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. © GradyMinor Q) CraJy Nlmn r P anJ 1>.url;ilrK. .A. 30nn,lO Rry Ruud;+sp,hup Z.iAa 31134 Civil Engineers Land Surveyors . Planners . Landscape Architects Crrl. ail Au1L. EB 000;i1,1 LB 00051i1 BuvlOrv. LC 26000166 BOnl la Springs- 239947.1144 p wn. 6radyWoo, to. Furl Myers- 2311690-4380 DUNKIN DONUTS COLLIER BOULEVARD CPUD EXHIBIT C MASTER PLAN NOTES REVISED MARCH 27, 2023 a CODE: Packet Pg. 127 1 9.A.1.b EXHIBIT D LEGAL DESCRIPTION THE SOUTH 150 FEET OF TRACT 109, GOLDEN GATE ESTATES, UNIT NO. 26, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; LESS THE FOLLOWING PARCEL: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 109; THENCE S 89' 31' 41" W, ALONG SAID SOUTH LINE OF SAID TRACT 109 FOR 74.47 FEET TO A POINT ON A CURVE; THENCE NORTHERLY 60.22 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TO THE LEFT, HAVING A RADIUS OF 383 FEET, THROUGH A CENTRAL ANGLE OF 9- 00' 30", AND BEING SUBTENDED BY A CHORD WHICH BEARS N 06° 27' 45" W FOR 60.15 FEET; THENCE N 10' 57' 59" W 44.63 FEET; THENCE N 12' 44' 33" W 47.39 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 150 FEET OF SAID TRACT 109; THENCE N 89* 31' 31" E ALONG SAID NORTH LINE FOR 98.91 FEET; THENCE S 00' 29' 08" E FOR 150.02 FEET TO THE POINT OF BEGINNING, AS TAKEN BY COLLIER COUNTY PURSUANT TO STIPULATED ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 4963, PAGE 2748, PUBLIC RECORDS OF COLLIER COUNTY, Istelcal,Zll CONTAINING 1.98±ACRES, MORE OR LESS (Dunkin Donuts Collier Boulevard CPUD PL20220004546) May 16, 2023 Page 7 of 11 Packet Pg. 128 9.A.1.b EXHIBIT E LIST OF DEVIATIONS No Deviations requested. (Dunkin Donuts Collier Boulevard CPUD PL20220004546) May 16, 2023 Page 8 c?f / l Packet Pg. 129 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUDcommitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Neffs Collier Realty, LLC, 6685 Collier Boulevard, Naples, FL 34114. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. TRANSPORTATION: A. The maximum total daily trip generation for the PUD shall not exceed 81 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. Vehicular and Pedestrian interconnection will be provided to the north and south for potential -future use. The final location of the access points will be coordinated with the adjacent property owners, and a cross -access easement or an access easement to the public for public use without responsibility of maintenance by Collier County will be provided by owner at no cost to the a County at time of the first Site Development Plan or Plat. All future interconnections shall remain open to the public. (Dunkin Donuts Collier Boulevard CPUD PL20220004546) May 16, 2023 Page 9 of Packet Pg. 130 9.A.1.b ENVIRONMENTAL: A. The CPUD Shall be required to preserve 15% of native vegetation. 1.88± acres of native vegetation exist on -site requiring a minimum preservation of 0.28± acres (1.88 X .15 = 0.28). A minimum of 0.28± acres of native vegetation shall be retained on -site. PLANNING: A. Buildings and signage shall have a common architectural theming elements with the other buildings and signage within the Northwest quadrant of the Pine Ridge Road/Collier Boulevard Neighborhood Center, of the Urban Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan. B. All buildings shall have tile roofs, 'Old Style Florida' metal roofs, or decorative parapet walls above the roofline. The buildings shall be finished in light, subdued colors, except for decorative trim. C. The developer will provide a minimum of 1,925 square feet of Greenspace (27,500 sf of Vehicle Use Area x 7%=1,925 sf required). The Greenspace will fulfill the policy of the Neighborhood Center Subdistrict of the Estates Mixed Use District of the Urban Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan and will be public open space within a pedestrian -accessible courtyard, as per Section 4.06.03.B. of the Collier County LDC, as in effect at the time of PUD approval. D. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures— backlight, uplight and glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15-ft mounting height. Otherwise, the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft-candles along the joint property line where adjacent to residential property. E. Outdoor music and outdoor public address systems are prohibited, with the exception that the speaker system necessary for taking drive-thru orders is allowed. F. The developer may permit shared parking with adjoining properties, subject to approval of a shared parking agreement and subject to LDC Section 4.05.02.K. UTILITIES: A. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review by the County manager or designee. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a (Dunkin Donuts Collier Boulevard CPUD PG20220004546) May 16, 2023 Page 10 of'l1 Packet Pg. 131 certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. B. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the water distribution/transmission system may be required to adequately handle the total estimated peak hour flow to the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review by the County manager or designee. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. LANDSCAPING: A. 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. (Dunkin Donuts Collier Boulevard CPUD PG20220004546) May 16, 2023 Page 11 0 Packet Pg. 132 00872384 1984 MAY II AN11:22 OC 1 082 COLLIER COUNTY RECORDED OR BOOK RELEASE OF RIGHT-OF-WAY EASEMENT 0001 9.A.1.c PAGE THIS RELEASE OF RIGHT -OF- Y EASEMENT made and entered h into this gp kday of , 1984, by AVATAR PROPERTIES INC., f/k/a GACWProperties Inc., f/k/a Gulf American Corporation, a Florida corporation, hereinafter referred to as "Avatar". WITNESSETH: HFREAS, Avatar reserved a right-of-way easement for tads, ainage and utilities, by Easements dated April 8, 1965, reco ed°ip O.R. Book 189, at Page 109; April 8, 1965, recorded in`(Y R :�-Boak 189, at Page 129; and August 7, 1967, recorded in O.R..Bb'ok.,2 4, at Page 948, of the Public Records of Collier County, Flida; and WHEREA$4r;,the right-of-way easements concerned 60-foot bisecting,nd 30 foot -perimeter easements on the Golden Gate Estates tracts legally described on the above -referenced Easements, and`'the`E.xhibits attached thereto and by reference made a part �thaefe , and WHEREAS, Ayrhtar..;,is desirous of releasing any and all rights that it has; 9r.mAy have, to the 60-foot bisecting and 30-foot perimeter'e seme6ts, except for 7 1/2 feet of the perimeter easement, desdr bed on Right -of -Way Easements recorded in O.R. Book-,kl8%,. 'at Page 109; O.R. Book 189, at Page 129; and O.R. Book Page 948 of the Public Records of Collier County, Florida',,, ., THEREFORE, Avatar do that it has, or may have, 30-foot perimeter easemen feet of the perimeter eas IN WITNESS WHEREOF, Avata Coral Gables, Florida, the day Signed, Sealed and Delivered in the Presence of: l release any and all rights said 60-foot bisecting and Avatar will retain 7 1/2 uted this Release at ' first above -written.,.,;.:::; -CORPORATE SE)o v . 0 8 Senior: Vice sider>k n , • c ATTEST:. Secret' < to 3 STATE OF FLORIDA: 0 COUNTY OF DADE ` I HEREBY CERTIFY that, on this day personally a. aced before me, an officer duly authorized to take acknd edgxle,ts, DENNIS J. GETMAN and JUANITA I. RIVERA, as Senior Vices President and Secretary, respectively, of Avatar Propert' Inc., to me well-known to be the persons described in and whi5 a1 executed the foregoing instrument, and acknowledged before. Z that they executed the same freely and voluntarily on behalf of`. m the corporation for the purpose therein expressed,. as such +, officers duly authorized, and that they affixed the corporate r. Q seal, and same is the act and deed of said corporation.,". - WITNESS my hand and seal this 30 day, of 1984. ' r Q9p aG% E .a c� My commission expires: i Th31n-'rement prepared by: DZ DES J. GETMAN, Esquire 14th Flmr, 201 Alhambra Circle Coral Gables, Florida 33134 NOTARY PUBLIC.R'A FLORIDA AT LARd4, .n a NOTARY PUBLIC STATE OF FLORIDA Ai'tlJlruB "•��t, MY Conti Missrot4 FxFIiss lul k 17 19B4 cp • r r "19LD Ir6U 1,c1.�,..� u•�. u•J:��rRITERS � f• L Packet Pg. 133 9.A.1.c 00E65401 10APR -5 FXQ:13 SOLLIER COUNTY RECOWLUTION 84-_Ik_ CONFIRMING THE NAME OF NEFF'S WAY LOCATED IN UNIT 26, GOLDEN GATE ESTATES. County Commissioners is authorized pursuant WHEREAS. the Board of in Chapter 336.05, Florida Statutes, to name or rename to authority roads, except State Roads treets and; and, the Board of County Commissioners has been requested to f clt"-naming of Neff's Way, the entry street to the Golden Gate confirm F. Veterans of Foreign Wars Post #7721. This street intersects White Boulevard"and r�uus orth and south for about five hundred feet (500') along the easte boundary line of Tract 108, Unit 26 Golden Gate Estates 9 and 110, Unit 26, Golden Gate and the weste boundaT}.?ine of Tracts 10 i. Estates; and � WHEREAS, the stre t name :,Neff's Way, is in commemoration of the Post's benefactor, John; Neff;:and, WHEREAS, there appeat� to'be no street presently recorded with this name or a similar name; and` WHEREAS, it is desirable'r identigication purposes to confirm the name of this street as: .. Neff's. Way,'` NOW, THEREFORE BE IT RESOLVED by h� Base£ County Commissioners, Collier County, Florida that said street name sreby confirmed; BE IT FURTHER RESOLVED that this Resoon rbcorded in the Q public records of Collier County, Florida and,,nqteduon';the maps of S. r the street and zoning atlases of Collier Count , This Resolution passes after motion, second, "and- rol' call vote as i 0 follows:. vCommissioner Voss Mvcioned and aye lj Commissioner Holland Seconded and aye Commissioner Pistor Aye Commissioner Kruse Absent and not Voting Commissioner Brown Aye DATED: April 3, 1984 A'YfLST:; r WILLI ,^A C1AN. Cl r Approved- as o form and j,�g .. fficienoy: Burt L. Saunders r I r county Attorrey O Z7 t= O © V �K Cn C� O � O G7 O rn O BOARD OF COUNTY COMMISSIONERS gym„ COLLIER COUNTY, FLORIDA BY: DAVID C. BROWN, Chairman L O U) C O 0 C Y C 0 M O O O N N O N J a 00 N I* M N N ci O C E N O L Z m Q C O E t V 54 ,�� Packet Pg. 134 9.A.1.c . �!K�ecpvo tons eooK 97 pAri492 Occ 1 1 04 CLERK cr c a`vs,'orr COURT RESTRICTIVE COVF3IAlTIS THIS IND&hTURB made and entered into this i -'/ day of 1 +-, 1961, by and between the GULF AMERICAN LAM CORPORA- TION, a Florida Corporation, and ALL FUTURE oWNM OF COWZK GATE ESlATES,'located in Collier County, Florida. WHEREAS, GULF AMERICAN LAND CORPORATION intends to develop and improve, with certain covenants, agreements, easements, restric- tions and conditions which will run with the land, as hereinafter stipulated, the following described real property, situate, lying and being in COLLIER COUNTY, FLORIDA, and ware particularly describ- ad as: TOWNSHIP 48 SOUTH, P.AyGE 27 EAST: All of the following Sections, except that portion of Section 22, lying East of State Road #846: 21 28 22 33 ]S 34 26 35 -27 36 ?OHNSHIP 49 SOUTH. RANGE 26 EAST: All of the.followin Sections: 1 12 23 2 13 26 3 14 29 10 Is 11 20 2OWNSM 49 SOUTH. RANGE 27 ]MST: r ' All of the followLnx Sections: 7 4 �8 S 9 6 10 NW, THEKEFORE, GUIJ AMERICAS LAIID CORPOQAtlON hereby ,takes the following declarations as to lisitationi, restrictions and use to %:sich GOL^Z.Y GATE ESTIATES may be pc:t; hereby specifying that said declarations shall constitute eovenaste to can with all of the %im ago Packet Pg. 135 9.A.1.c Boon 97 w 493 land as provided by law, and shall be binding upon all parties, persons claiming under them and for the benefit of,_and the li&ita- tion upon all F MJKZ OWNERS of said GOLDEN CATE ESTATES; this Declaration of Restriction being designed for the purposes of keeping said GOLDEN GATE MAUS uniform and suitable in occupancy for use as herein specified. A - The following uniform general restrictions shall.apply to all of the lands hereinabove described: 1 - If and in the event the above described property is subdivided, all lots must have a minimum of 75 feet fronting on the -road Right -of -Kay and minimum depth of 135 feet; provided that this restriction may be amended hereof ter by GULF APEERICAN LAND COhPORA- TION for areas designated other than residential. 2 - If and in the event any of the lands herein described are subdivided, a utility and drainage aaaaamt is hereby reserved ovar the rear six (6) foot of aap parcel so subdivided; it to con- tomplatod that the above and foregoing land shall be platted sod all reservations, easements, restrictions and dedications contained on • said plat are .incorporated herein by this reference. 3 - So noaious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which a" be or became an annoyance or nuisance to the neighborhood or other property owners. 4 - No lot or tract shall be used or maintained as a • dumping ground for rubbish, trash, garbage or other waste and all such rubbish. trash, garbatc or.vaste suall be kept in sanitary con- uiners or covered pits. ,;* " 'M Packet Pg. 136 9.A.1.c an N pm494 . 5 - All sewage disposal systems must be constructed in accordance with the standards and recommendations of the Florida State Board of Health and Collier County Health Officials. 6 - No lot, tract or parcel shall be used or permitted to be used as a junk yard or for the storage of items normally relating to said business. 7 - These covenants and restrictions shall run with the land and be binding upon all parties or persons claiming under or through GULF AMERICAN LAND CORPORATION for a period of tswnty-five (25) years from the date harsof. 8 - These covenants and restrictions are severable and the invalidation of one by amendment, court order, or changed by GULF AMn ICAN LAND CORPORATION shall not invalidate any other provi- sion hereof and each covenant shall be independent to this extent. 4 - 'GULF AIQRICAN LAM CORPORATION, its successors, "signs, or duly authorised. by recorded instrument, Agent or Agents, specifically rsserre the right to amend, alter or change these Covenants and restrictions from time to time by filing an Amendment thereto upon the Public Records of Collier County. Florida. 10 All plans and specifications for any and all structures mast be submitted to GVL! AMERICAN LAND CORPORATION, its successors, sesigns, or its duly authorised Agent, for written approval of the materials. size, location, elevation or grade, and exterior design prior to the coomencement of any construction an the herein deacribed • land. No structure shall be permitted or suffered to be permitted without compliance with cats covenant. Toe submission shall be to Cesar A?=ICA.w JX.M CO2PORATICf, P"FS ArPP.OVAL DIVISIOV, 557 Northsa•t o:at Street, Ktami 36, Florida. or such other address or divf3ioa as ......a. ,..tic..-c... 0.w -3- Packet Pg. 137 9.A.1.c eon 97 m495 . may be net forth hereafter by the said GULT AMMICAN LAND CORPORA - ?ION, its successors or assigns by instrument in writing, filed with the Clerk of the Circuit Court in and for Collier County, Florida. 11 - It is the intent of this instrument to establish uniform restrictions applying to the overall development of the .areas known as GOLDIN GALE LSTATES for the benefit and betterment of the property and to allow subsequent and more detailed restric- tions to be applied in accordance with sand planning and growth of the area. 3 - All of the herein described real property may be used for single-family residential purposes; provided, that all single- family residential construction shall meet the following additional uniform general restrictions: 1 - All residential structures erected or permitted to " be erected upon the lot or tract shall cantata a minim n of 800 square 00 CN -feet of liable interior floor space and shall be constructed with permanent building material; specifically excluding, inter alias, y U 0 construction by tin, related corrogated materials or tar paper. 2 The area and set -back regulations for residential m m rn use shall be as follow: f° aw • �. (a) Front yard set -back 30 feet minimum, 37-1/2 feet ' 0 0 maximum (b) Rear yard set -back 20 feet feet R (c) Side yard sec -back 7-1/2 (1) - lbpta the side or rear yard line abutts 0 upon an assemenc, t" required ast-back shall be m • increased ki}j_ feet. Z 3 •• All residential buildings shall .face tee front Yard m r w lino which is defined as that portion of the low. Which is parallel Q to the street upon uhicn the 2At nas its lras: cio-rsion. c . t v Q Packet Pg. 138 9.A.1.c s ac 91 IIIA496 4 - All residential structures erected. or permitted to be erected upon any lot or tract shall be constructed with a concrete slab on footings or with hardwood floors on footings with air vents; both according to Federal Housing Authority Specifications as they now exist or my fret time to ties be revised. C - GULF AMERICAN LAND CORPORATION, its successors or assigns, p • U hereby reserve the right and privilege to establish certain gone@ N and/or areas within the herein described property for the following o permitted uses: M=I-FAXMY DISTRICT J COMMERCIAL DISTRICT SURBLRW -DISTRICT I - The zones and/or areas when designated by an instru- It LO v emt in writing shall be subject to uses and restrictions as way, c Co from tine to time, be set forth by GULL AiERICAN LAND CORPORATION and N recorded with the Clerk of the Circuit Court, in and for Collier 0 J (L County, Florida. co 2 - It is the Intent of this reservation to allow sub- N v LO se4uent and more detailed restrictions to be applied in accordance y with sound planning for the above and foregoing identified gongs L) 0 and/or areas which my be hereafter established by GM AMERWAN LAND y E CORPORATION. � N - IN WITNESS HHIRSOF GUiJ AN!ERICAN LAID) CORPORATION has caused ra � 3 these presents to be signed by its duly authorised corporate officers 0 L and ham caused the corporate seal to be affixed hereunto this the S' 1— daT rof r l.' A +k �..4, , 1961,' at �'r �� 12 -i to r I i i.. ', Z C > C-mm-t:y, Florida. , Witnesstd ,in the Presence Of: Q -'� GULF AWRIC" LAND COUWASIW - � $y i(('ii ., ��:.._ .•.�:y, ...• is � r %spur....+ Packet Pg. 139 9.A.1.c Y o S1'.aTL Q{.,, FLORIUX d COUNTY OF. � D I M-IT4.13Y C RTIFY Coat on tliis -'ay t)E ., na71Y' a ISeAreEi befor.E. U ,rE , �n a "tcer duly auttlorizcd Lu t�dnlLlzi. Ler uatas ana Lake ac c lolu Ic pit :a� BLS, ' l)lvtll.11 I<OSE:v, I residenL oi', G %,� :::AM WNW CORI'Oi.�s ' 1 i l:a; s ,log L({,i t or )orttczon, to the well 'kncrw�z to he <;Litc ::por5on (v GO'ScI t.be 1 in at)d wrt 'cxecuLe:!i toe WIT t } a(r,cn.: I tm i1 , c.d br_fore: snc LIM L i)41 rxI�CU rlr tit_ sIr Vol 1 :.L 3L L )' tOi Crt(' purpose .l IlE 'L*in C;}C�J r( C'Cl..�d5 5 Cil oYi;Lt( L' Lit Z, d 1i.f.ixt.-d Zile Corpii: E: scal, .i t 3a;,go. C c7(L and i 1�1)t qzW C:Jgpo icion. j _ z 0 l j i1 �1.1 [lt� :7.1i i1 !i�C,1j Lr118r'. C:ay.'O` y i N ;; j i ff .. Co Ln O N Cq N ;- J 00 N ! LLO N r y rn O d . O O L i i Z l III W ...... .. .. '' ... :: .. .'. f j 1 l LLL .: ::. :.. .:. -..: .- :..: : ...' .: .. l V .: I&w orncr� M Ot�ry.l Q .. .......... aur.• _:: bl� xt�__ �: _ Packet Pg. 140 01390683 M90JM is FW12: Its 001 537 000603 COLLIER COUNTY RECORDED OR BOOK PAGE Ric DOC INT AGREEMENT FOR NON-EXCLUSIVE USE OF ROAD IND THIS AGREEMENT made this ,5f`day of June, 1990, between Michael Hoy, Trustee, hereinafter called "Hoyt' and Thomas P. Petrozzi and Lisa L. Petrozzi, husband and wife, hereinafter called "Petrozzi", WITNESSETH, that Whereas Hoy is the owner of Tract 110, Golden Gate Estates, Unit 26, according to the map or plat thereof recorded in Plat Book 7, Page 15, Public Records of Collier County, Florida, less the southerly 75 feet thereof, and Whex a ,.,Petrozzi is the owner of the East 180 feet of Tract 108,E t den Gate Estates, Unit 26, according to the map or plat.,t ereof recorded in Plat Book 7, Page 15, Public Records of CO'C unty, Florida, and Whereas„said Tract 108 adjoins Tract 110 on the West, and there is"}eephalt paving upon approximately 24 feet of the Westerly 30,,f eet of Tract 110 which extends at least from the northerly Tine of Tract 110 southwardly to its intersection with Pine Ridge Road (formerly White Blvd.), and Whereas, Petrozzineeds an access from Pine Ridge Road to residential building,.ar,buildings to be located on Tract 108, and whereas Tract 11vOl anticipated to be an activity node as described in thet(Col-I er County Comprehensive Land Use Plan for Golden Gate,4Fdrida, and Hoy intends to apply for a change of zoning for Y}�,tract to a commercial use district, and the said rboOey will be used as a means of ingress and egress to th.,-Anticipated commercial use, but whereas the Development $I-d 's Department of Collier County has indicated that if the H iact is zoned for such use, the nearest building locati n.to ','t ,he Petrozzi lot line would be fifty (50) feet, and Whereas, the parties intend th P4t; ozzi make a non- exclusive use of the described`` o�d'wa for access to the land N of Petrozzi, as long as it does fiot.3nt rfere with the use and anticipated use by Hoy of the 1a?3df Hoy, and approvals v to for such anticipated use. t 40 . y NOW, THEREFORE, for mutual considem ,'i`i5 .he receipt of which are acknowledged, the parties ag'�e" , p '' c 1. Hoy hereby quitclaims unto Petrozzi a n-exclusive right m to use the roadway located upon the westerly T0-feet of Tract y 110, Golden Gate Estates, Unit 26, aforesaid,.ag;,a means of ingress and egress to Tract 108, Golden Gate 'Estates, Unit d 26, aforesaid, subject to a reasonable pro-ratab,share of any 3 . costs and obligations for the maintenance of sairoadway, ° , and >, m 2. Petrozzi agrees to cooperate with Hoy in order,,th . oy may achieve a zoning of his tract for a commercial use> ') district, and not in any manner to resist a change of zoning m Z for such intended use, and further agrees to erect or permit," to be erected a shield, curtain or buffer along the easterly pp side of Tract 108, aforesaid, and to enter into any N) reasonable agreement with Hoy or with Collier County or the Q -A,'3 Collier County Development Services Department to the end that Hoy may achieve commercial use of his tract, provided, y M however, that any such shield, curtain or buffer or any such E ! 3 agreement does not involve any erection upon or other change in more than the easterly 30 feet of said Tract 108. It is N J anticipated by this agreement that if any such shield,st, Q d\ 1 a� �� Packet Pg 141' - 00153.7 000604 ,OR BOOK PAGE f curtain or buffer should be required it will be of natural ^ material, such as natural vegetation. However, if a shield, N curtain or buffer of artificial material, such as a wall, D should be requested or required, in that event Petrozzi, or a successor, will have the choice of allowing the construction 0 of said wall at Hoy's expense, or of releasing and quit- claiming to Hoy, or successor, any interest in said roadway, `a V and to construct roadway for access to the Petrozzi tract upon th tract owned by Petrozzi and described above. U Thil� ag, event shall be binding upon the parties and their m sucue in title. o IN WITNESSWHEREOF, the parties hereto have hereunto set m their handa/€ nd seals the day and year first above written. _ Signed, Sealed and delivered o in o r pre ce• MichW Hoy,Trustee o0 c Signed, Sealed and delivered c in our rese_ ' ` TTh,hQmas P.�Pett ZziLo co l."' a L. Petrozzi State of Florida ) ` C) N County of, Collier) ; I HEREBY CERTIFY that on this daybe qualified to take acknowledgmen�o, pe as trustee and individually, and ers P. Petrozzi and Lisa L. Petrozzi, hug' to me to be the persons described in foregoing instrument and acknowledged executed the same. WITNESS my hand and official seal in aforesaid this � day of June, 199 fore me, an officer duly a rsonally Michael W. Hoy, orally appeared Thomas N hand and wife, all known v and.who executed the En before me that they My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA NY COMMISSION EXP. OCT.27,1991 (SEAL). BONDED TRRU GENERAL INS. UNO. This document prepared by Roger L. Wiedeback, 2375-1 Trail N., Suite 206, Naples, Florida 33940--documentt preparation only from information supplied by the pz to C) O St&xte c m . - d ' N • ��- o . L rti s �rAcd 1j Z w, Q c 0) E cI m � w Ape 'j fl t Packet Pg. 142 � S a 9.A.1.c am 00 Lit 'a$ OF ( is mdt tlds �� ab 1f7. by "I RopulklL bkm. a rmwa Corpooft aad vhow addtasl Isl3336 iioonvo d Iaer.. Nep1el. Fl wW% 34119. Ind by [l]R of Nmpiol, a Fhftidd Ompora w wd Wbwo Wros b 21 Oddea Gem 8bd Eok Nq&M Fbdds. 3413% and byX= Amcb=LTD, aY10 ddabl+ed Paces. ad Wma a hkm is rho A.P- Bch 11915 S-R- d2wl FA F7ari k 33 lK ft mCKvbW of o f parody of and pwMtj kmvtod itt CatGa COORLY. Aaoda. Owum bodd *o fm Wei* *a rod property did im "A' at dad t 1md is caMfged offtcok I. H and III (said Farmh bdn8 bcnin dcswUo_ Qvrm= demt to tale antlikis ram blr tbo Dodaration over w d amass fi ed Porfim ofthe said Pomdg Sx && aumtai time and I - m M sad ft the uw jmd bwdt of fnWm owsms of sod 1'auft asd to MUAM one W o6ftdkm as to mbftmnm ad repair alato to slid asall as at R&*Jnd*EkdWradom PRVJ= L• Tbo pmd orbad dmGubed is itow as pamd l dbCbod bmw PABCS L M parcel a�Lad daaerT6al b Fshibit+ •. A 4a Patod u agawbd hSOUL PllMML M-. IU pad o flod do*bed is it %• w Patmd[ III studied book L NOW -CIF -WAY EASEbUN .- RECORD $ RETURN TO. LXWOU ON d► WNROY .3= TA& WMI TFiAL NORTH. SM 4M WAPLM EL34103 A mum4mdodw cmwm* lbr dWm a* in ad 4NU4 " p zpaaea mw and aoxmdw Sort 19 At ofdo Bad 15 #It d Pacod 1q aadtlle x� 15 �tlt rdbeBat t3 60 QfP&W IL Zba dot ofv W u%-mmt af5 atom iaI 0 , a p=W wqm P d o lbrv*iWWwdft1Pmi9W =dlckmdm Mader mt m ltyri II od IE Am Gam► )toad 931 to Pa wd I ad Pood UL #d. a PMWV VW=Pimc t Bic vdiojlramum udk 8nm dw cob on m Pm - ' It Ln 0 0 Co N N O N J IL 00 N LO L) O W m Ln Cu 0 L Ln z Co Packet Pg. 143 9.A.1.c N d d w��va"�Dead .may abaP aot be SWIM am 70 fact kft=m WCet .if P=d II wj#O aocera tD y Pmad 1189 a pU# tee Sear Am m &K c fi=dw=AbwWWyTw tPwLdn. rm m 4& of NW m mm edtri do bwdm& FENNO wept m Pazvd r-SErvdi=br=d fair � �Oii dt ia'b tIi a� itifid -ftd U Ito P- IIx 1bel'mmione poolomwae Paaad I fta Pate M40 Sari tQ Pwaad m o shmR be prrA io ftW49Im ofpircd II o sad dM aQt bo mm dw 30 to fta for � Wort boteeds 7 straw aor ommorf' at OWPoidoM PU B IL �JpaaaomplotioscE o die bq veomla ampomd 1 go P d emumd the deombow arse 1 d fte a�e■tt P�Rk�Bavd do ZaAat IQ o 1*vwdepw=wo*d,C ptlemoat ramie the Co 1the POOP Wirt doff odondom somopood O 04 to do asp= M l*d as Rof t W, red a base b= 9M24 fact k wW& 2be owmr of v*vd M Ad bar tends b wft 00 04 u a wo mmt onto oWombtaw ft afPrned x komm a %. L) • � O lif 01 C d E d OWN% by ovowfiand doe, _pxdmyyo� c/i N Cu WdAW *!=Pna�e4!ILIIcrardMoArmd *off't �_ wd C offt IL The d&orw q►emvmeot*A do bra poor way an II 4bcvddmdar endlaerpeda�af�n ead$o fmmtbe tLt3 as m pas�rris I[aad III S+gea CosmtyRoad 951 to Parcd;4--= ■+d a MOM VVNY 99 Prrrod I fte "Nadir aadlor po &Mdm udk from ►fie cp* at on Pared I d+om lion Ridge Reed to Pbad 9 04 IL re" Me Ridge Road amb oil mod poa@ ps WW � z m ardor"Wt= 2D Out ft= tw WCm9o£Psrod it srtd eve now to Pa r U at a pdot Q NO der 60 20 $a fiaa *P ULA bamAM I= at Puod M lbe Pick Shia pungmW m PbW 110 PKvd DI d" kPwded to the Went ift afParod IL Otbwv" the 10=6= of boob 2 E r r Q Packet Pg. 144 9.A.1.c pxh pale11p wws"C=m p0nd b die ubdad as Xxhbk KW aW" be wt kss than u MA in WW& Il a li&-ot=Way % copra vigh -&e oUVmpm of road wjq ; cj - em, - . nq)dr andmsmtmwm u mei forthis tbbDedastedM"run in isvac ec be wwAb g upon and shah benefit the future a wms of Pe c* L II and III. tire¢ Uum egarts and 6ud>am hn-kas sad sd be an appmti unm to tbo Lea tick to Farads 1. II sad W- No bss i ar other obd"r udoms shell exbt J009 ttie Ri&-of-Way EASUM&A to obsvua the flew of vcMcuJv Or pede st im waCk. The own= ofoub Pued. at As awe eupxirsea dull have the d& to irotatY soft up= as mm Parod for [be purpose ofli all or any pact of the Ri&-cf- Way Bal mst. The OwrL s and aft furore oa4s as wdl m their k3sm apm add bmmm lavhm of Parcds L II emd M ad 0 pamm bevies bashm wah say oftbem shad haw ft d* to an dw R &-Gr Wry Pasm Ommmm with doe owt+em tessom ads and bavam imvaeca of t* GOW PWOCI& Pwvidad cool der. Owner alpmvd m may. Od his role disae&O. prohm mww and epm to ib.- +aamomt an the property line bdvmm Priced III eod Parcel 1, at I[ny time $aim 6= tothm Ciwign of Parods I asd II deb. Dave, cr dmU =m to be i . the P Way Eaea�ant so ss to pmo* liar Mdr3e aver and ergs aid ftm Pla Rifle Road wlsir�as�o�P+e4vds 1 �dII oa the £o�►1'he host of sazb and � aid�c reed +Bray aE&M imPM trMion dO SWd-c i•WsY E memM Cm Patrd II and Panel a WwD be bOm by 9e Pmcd II owM Tls Ad Wb& ft C doendcd aoogs bw fram C.R. 951 lbrwikk ON Parcel II aroma lu rear vW a =0 oFSLq,Cq=. IU oast dr=& camonmfim and kadktion oL%t road WN astW w� dre P4c-g [-Way ea ba by the Pmm d t " me;�o of Pereel IIt d to pay lthl`of r mPdw coots iCgtrad timlb etu oa�nar ndF Panel mt ioT 13s oast aC SW bddkfimCfdm CA CPA 00ftz RidpU4 v*khvMbcWcm4 w mmdrys 2Of4*wtineWQ9CwhajadazyOn%rad IL aAbebo=*V*bydmawwmafsaidpj&m3 r=dPasselJL 'ftralxs-ar, Owert as.bwo de n%4 the Cost af>Depacemme Cod � aftbe 1tswmmrlwtw tW mdame"be l me by 6a P►tt d v*la+.'r upon wbm p srd tt:t mxmdSm so kme m 11m Paw amw isaae t'lre: mismom rdw pac * owmw is sot uft dw me ruv tbt ease�e�# � pg yor aaleh:ems � � Tntlm e�:>a tb+o. aPse+dd � ba 6mtrrer ea6desr Wbyowmr, G mudiaduz cmt; eels wAdWdod portim ds;Psrnd aieell6e rasppe:dbda 6riti mg of meaW+eeeaooe weed rapdr. Stxh sadv�oe and rr�r s6eA, iabedt, bd not be 5miftd � . ife* arsine drakmV sUucmM soneeC ftb g f>gamvs, jt&W, U4 the it N d D IL U 0 m 0 U N c 0 0 c c 0 CO It LO 0 0 CO N N O N J IL 0 Ca w v0i Cu GIs o Ys L R H i +U) w Z CO w Q aD E r r Q Packet Pg. 145 9.A.1.c ,,_b illuiainatioe for tbA m uers of Parcel 1 4 11. The Owers of parcel III ebsii oa y be respansible for their snare of the repair and waintenance Mg right of ia�` CW " � � e,rest: mQum4 ss s rCiuft oEaa u*%MaedaPatcdapWarImtMecokd waed3n.ding ave:4 "nqp=mA&Rw am= rW bsso oat+Yted iewRk ly eit ar bo�hogt4e ael�er prn�ad Owame seed "bewft ads oW or aeab iap� ar mtiaa+tmtae. Action as tic �s ao�pevQ� at�i�eoe asd�oc tt¢sk and � raatoa�le aaat d addam oe dd be m&by a im JWity OWN Patnd Owoest; attar meeting +� d�ayslioa,e Paid UWmm Io rW ~ 1my Pm* OWW fivh fD pg As pads dMatthe aap"m aft mWor tapak 4mm6 d hwdst for dig tatii Coat otter R adamam in on Neat of =W d bya Paid Om*rj widdn ftW M days afdm and by *@ aver Aowd coma w as flea cam mt y be, as tke teas mqbd"bar hapteas I *=fibs dale efdamu d st tl a we afkCam t aQgy A& by tsar_ Asy omlt� mW bdgg as ad= st lets apiaat Om 44ohipgg ramd atrnar W pay flee dd mpud ptmft awm sm=mA& (CC*6VW cost, asap case my W ar aW brn *e A& so rtm d sW rcjodovCa g= � 16e ddeAl6a�olvtee�sYiaapd. Ya#>sy actfon �a de�+qutsdt Roma � meeso� s■il�oc �R �Cp girlSr i� � Emided Ira � �a*aoabia � �7g� �� eat ia4d0 is aat+aq temd is �e �t i P v*A*cxRefftas*m 7*awtroe oflaeods i emus" dm * tII snk*me d aseps7da�re taatieN►ctc ssY► allwarbt®leest looted oetlt WA U is awed isli<e woassar Oftti W *C fi&Q* air Cff �� mleraltsCrlNertt�oaeedaidi�laradY ��e�lrslusiemsda�ad a+easopbi�aq sad fire pmt�w�mo tibaoc � �tdrd� s.3�e • r��eweoa beNod,aal'aa+dIIbe�,diadtebeiom ate a3 � spa "6tdiesR arrs.�joeas[wii�trod I �! e,sbR sndtiao dSG }aowfed�vsraQ ir! it>Atelo�bi a� fife abeodmed ar drsaodtaood �r a otrsora tftis a� aaetiraaa � tbae eed � sad► ewe, tLs ram�dfiett tb� be Dolt and �oii eiod den edit. Zip► t#� and 4taemagde liada mod, io sdettaddae sad a�dioea 1 asd dts t�oete �s totdaT�eld t� be . eeemmtats, roep�Ctiaas . comas s� � It LO 0 0 CO N N 0 N J IL a CO r w Q c aD r r Q Packet Pg. 146 9.A.1.c �$ Wit Mods and "ti=z to ft s�[C pf mid be bi 6= up= ft Qwam ad A fiftm ow=v of do Pwmk thor ra¢omva hats, pumasd rep cma&hvc, view vi ud , me +g but gIkhCLdt SWIMws�que�t gi A aubUMM sad Ai Palms steaming tinder dam Ybc breach of a$y of the wvmz its wed ftt6cfi= cEK;tmktd in th6 Dwluukm nd the of any auh bseadi may► be suedw r=mdW by appmp6ste legal or vqukMMe proem Ary iudnndared in my acbon or paamvgW pxmsat left* " 6&W[e a ram for uttCa j e few is an *matte in titna coin may deem rav amble, is Svor of do prt'V vTwg put'i, awd cam cots. Tbc raudirs huv�n provWod for brearh oftbe edvmimu codes is this "be denied r.=Wdvr, and t=te of aj,-t remjC= dwl be mod coAurive. IU Baer of my APP&WA petty to eararro my of me cavern.= cwainw hL d ". Dadamfina " not amuse a waiver tf the do& to en&= t * W= ehcrrafter_ Tka HuataM% 9d my pr+pMo u humpr. z" ewt be chi Z4 wvft& &ram, or knim ed, except by ® io*na = is wT%. w s;. xd by tlu bee skt p* tie owmv of a Puaels {ar by M! ' MOM MOdgim MhSsfiad for s Fact. or by 8 09 tixy OCOWu rs of s*&videa WHn a PW=PA which ivzm taratt wt= be ramw ad in. &% PUM Be=n* of CoSw Cmmy, FjOdAIL CAR TIN Fur& f aftb i abrado 1 mW be =d� wrAn Dd And a *wcW m camdmm a1 war *e Liss of ft State "kd& Amy nboaltMumuftm or aeaMcs6= of this G "VA= C^x drdi. � tba wriCex sppcwai � � tine jobe3sr by � t>is � � title ass tc► �, II atd � M AM mod afl tam wbf*red der ft MdUr%Wn" be in wrif4g vd my be doivuod to a Fat!►Wft the addteftaf=W mod MW as MM ftl appear = tLe dead. of oaat+eya= to aced Ind s:is ft pa*6e rowr& Of Collies Cvud+p. �'bvrids, or rasa c4bw addrM as s Pace � aworr � adr ¢ 6o tl�a affiat patad own+ss. �'' IN � WMRE.OFr the �ra aa t bCW to tis hof ad wnwE58: 951 PRf?FF. I Sy INC, $ � 7 Q7 IlAh N A%44 -1SOh r S 'IC 6 It Ln 0 0 CO N N 0 N J IL 00 N LO N N L) O C d E d Ln Cu a� 3 O L Ln a� z CO Packet Pg. 147 9.A.1.c 1 7 I 1 hmmh E Mmom f: PrOMM GJR OF NAMXS, MC, a Florida mpors;ion Its: Fresidit 1 DJ & ASSOCIATES BY AE. Brooks Its: STATE OF FLORMA CO .Y nR COUNTY The mooing iobramert was ac]ranwledged bcfm me this 7 day of November, 1997, by George Rom, Pnsidmt of GJit ofNaplM Ync., a Florida Cqxwafkw� and Lmy PCIMMlky known to me epgdw4 us G Ekdc WOMM00003a 0 ai coo o+ 4.00 8-. .a. mar Packet Pg. 148 9.A.1.c f "I $m., A� 1 SrA!M OF FLORIDA CXK247T CAS 0MLM 7m6rq aiffsinmFmw vas bLfm 30e:, 'by of J moL mm om Ple-l', - dgsl hnllrt Le., �Imid.Corpo�opa4 Ltd Mcrvhobmpmdood ao�irodvim M ow A. k� .;fC6 9-0 Womb i I Packet Pg. 149 9.A.1.c Wid P. HDPS.'2t1-r i I M&ASSOCUM A t=lr!lm"Emp W. � Lar E. Brooks bs: 601�L +i■aTyPL b1Mu MlI/!� a!►7 E. Bro�fcs d!� Ik AaadM t 1.aM1 �R it was ss aets ioa r■�d N I+IIMIM�� (ED :MWOM �irprRrr�.r to v v 0 0 CO N N O N J a 00 04 .. w a� w 0 .. O••& N s1s. Cu ass 3 0 L Z CO r Q E V Q Packet Pg. 150 9.A.1.c MHw !X r a. MUM 1 M Goldn am Estate Ulk xo. 26. mmom ft io do pw gh o mombd im Pim bu* 7, Tea 15 and 14 lAli Rmoe& vtCoI'ier r wq6 Flodk Mw1i�F.�l,� � � and 1■rr�lire ► 7s s1� POW n: 3'11a FWdody ZtS AW vE'TrW 110 soueq ft disodaj>c SuoftV 7S &xk Golds LiMEWMMU* W. 26, wCoiftto to pint n s+eoaaad itt llN Honk 7, rm" i s god 16, FAblouffibotcdfia romy. padda. Pmd IR Ik SwA l-dFO* d d T act li9. Gdit GoeBuk% Urk we. m6 llp,$o ire FM tlaataaf NORM in Flat DO& 7.pqp 15 aad 16. PRr k Awwb of CoMw 1 acket Pg. 151 F aoilloa s)nuoa uiMuna - 9VSti000ZZOZ-ld : 8ZtiSZ) soop )uGwOseo mOJ AeM sJJON - a ))d :)uouayoe))v il�i[7/1a lol Z t s '{' W z N LO IL a i sent by: YVVAi 941 597 1000i NQV-17-00 8:30AMj Page RECORD a RETURN TO: Annis, Mitchell, Cocke , Edwards 8 FhWm 8M Pelican Bay Blvd., Suite 300 Naples 08 TI AS of �� cam >-t — Ventures, L.I.-C., a FloridaLimita Purtnetship, the "Awnc;rs" of ecru dcscribod in ExWbit "A" attached �I 2773358 OR: 2801 PG: 1601 UCMD it MICIU UCMI of COU111 MV1, It 14/04/2111 it 02:11H /1 W 1. UK[, CLM UC M 37.31 [al: PICK n ATION OF EASEMENTS A. S."t'IONS c o 7T.ercr. 1--X-. reqj.1/ CLAKATION OF EP F.MF.NTS is m G& this '�_ day by , Inc., a Florida Corporation, Pinegute ility Company, and 1,DJ Aaeeociatea, Ltd., a Florida Limited tW&.pf rout property located in Collicr County, Florida. as -rilade d mart h=Of. WHEREAS. the then owners entO the 110 day of November,1997. and recto of Col her County. Florida, hereinafter re WHEREAS, the "Owners" arc desirous actual uscs and more completely define the ea.% elaration of Easements and Restrictions billed Book 2363, Page 1471 of dw Public Records he "Declaration": the Declaration to conform to certain IT IS HEREBY AGREEla that the right-of-wuy t forth in the Definitions wc:tion of Article 1 shaU be umended as follows: ARTICLE I RIGHT-OF-WAY 1rASEMENTI A non-exclusive etlJlllt'lall._`, fvr ilu and egress and right-of-way purposes over and across the South +5 29 feet of the hog` � feet of Parcel 111, and the North 4420 feest of the FAA * 5D feet of Parcel Il. as rrfiylu%d ' Ev", 'C~ attached hereto. The right -or -way cascnsents shall also include a pamseway on Paced Ij rat `.� hicular und/or pedestrian traffic from the curb cut on Parcels II and III from County Road 9S 1 ik l l and Parcel III, and a passageway on Parcel 1 for vehicular and/or pedestrian ts-afiic from the cttrbtt on Parcel I from Pin* Ridges Road to Parcel 11 and 111, which Pine Ridges Read curb cut an passagewagy shell nut be more than 20 toet from the Wom boundary orparcel 11 and #ivc access to Fe l it at a point no greater than go 21 feet from tbo south boundary limes of Parcel 11 as rcfcrcnce:d in i�Ytit it �dy- bmpto, The right-of-way easements shall also include passageway on Puresl I for vehicular and far pal=Dun traffic from the curb cut on Parcel T to Parcel III. The Pine Midge pa muSeway on Parcel i fmm Pines Ridge Road to Parcel 1L shall be pwallesl to the: West line of Parcel iT and shad 11/17/00 FRI 09; 26 172/RX NO d Packet Pg. 153 ;ent By: YWA; 941 597 10W; Nov-17-00 9:30A11; Page OR: 2801 PG: 1602 not be more than 20" feet liom the Wcst boundary ul' Parcel 11, nor encrowh at any rx)int onto Yurti:Cl 11. ics shale ", • no icss ffien 24 feet in width; J�hg lcsls and road cuts arc identi lied on Fxhibit "B" attached The locations of the ucct sv casements -- ... • .• ^A A a awn thereon..The w r of Parcel III shall have and is hereby granted and shall retain the right of use of the accesk eat on the westerly most portion of Parcel 1, known as Neff Way. Ihrm arc at n .. pointsallwherearrows location (if' Ml nine also as shown on Exhibit"("' 'late parties acknuwla set` then shall f+e nu access finailY _=-- aete� - eascment to ur from Parcel T thruuizh P=el 111 to or frrom County_Road 951, IT IS 14F.RFBY F&R AGREED that Article II OF THE. "Declaration" shall be amended asp follows: = owners, by execution and the reccttfotibf this Declaration in the Public Records of Collier county, l- lorida, declare, dedicate and reserve sAtim' exclusive casement of right-of-way 1'ur ingress and egress purposes to and frOM PaNCIN I, �1 1d'r oYCI and ui:ruxa the: fulluwiu6 poctioa 3 of said fcdt 04"P' reel 111, and the North +-S-aQ teet orthe Fast Parcels- the South 44 20 feet of the LA3� 43 M futst of MCI 11, Me right-of-wuy tdl�l>i O 4,1V 1lso include u pas�vgeway on Yc�recl I1 for vehicular and/or pedestrian traffic from the stub ccyIfarccls 11 and Ill from c:ciunty Ruud 951 to Parcel I and III and a passageway on Purcul 1 for vohicu and/or pedestrian trutlic from the curb Cut On PtUCCI l frorn Pine Ridge Ruud to Parcel 11 -tITY �ich Nne Ridge Road curb cut and passageway shall not he more than N U feet from the 1!1��tTpdary of Panel 11 and give utters to Parcel TI at a point no greater than 207.1 reet fr the sttU"undary line ul'Parcel 11. The Pinc Ridge passageway on Parcel I to Parcel III shall be pamll;i=tc> a West line of Parcel 11, T M — - - -- -• --------�•,----�r_�L :�G-.La:.,fie, ..u,�..t....l hrret,)_ at 11, • QiM MtCM directional arrows Agggar All eeaetnent.Y shad he 24 feet in width except where otherwise noted on Exhibit"C" Otherwise the location of batis;L,.such passageways shall correspond to the diagram attached as Exhibit "C" The Right-ol=Way basements together with the ohligations of road wjk UT'1 ements, rcpair and Ill run in fnvnr nf_ ha hl d d—= and shall benefit the future owners or Parcels 1,11 and 111, their lessees, agenus and business invt ses and shall be an appurtenance to the fee title to Parcels 1, 11 and Ill. No barriers or other obstructions shall exist along the Right -or -Way F,ascmentg to obstruct the flow of vehiculm or pedestrian traffic. The owner of each Parcel, at its own expense, shall have the right to install lighting upon its own Parcel for the purpose of lighting all or any part of the Right -of -Way l;asements. -2- 11/17/00 FRi 08;28 (TX/RX N Packet Pg. 154 .Ian-07-00 11:OGA ton Connolly 941 262 2430 9.A.1.d jkh Parcel f. Parcel U: Parcel M. AOR: 2801 PG: 1603 `e**' Mama "A' Lcgd DeamiPtioas Tract 110. Golden Gals Estates [hit No. 26. according to the plat th rcof, as rae+oede I in Plat Book 7, Pages 15 and 16, Public, Room& of Collier County, Florida! [as Oe F. mwiy 22S fat and less the Southerly 7S feet. 261* 225 leaf ofT ad 110 me** a reftom the �7 fee% Golden reo Unit No. 26, acoor&* to the plat tdet; as�corded in Plat Book 7, Pali .1-S 16, Public Records of CoMcr County, Florida. The $outfit i60 et of Tract 109. Golden Gate Estates. Unit No. 26. according to tt,c plat thereof rwro rd�,d is Plat Book 7, pages 15 and 16, Public Rsoorda of collier County. Florida. O N W t71 r_. b G11 01/07/00 FR1 10:40 [Ta/RX NO Packet Pg. 155 Jan-07-00 11:06A Don connolly 641 202 2430 0 ii uiNuna - 9VSVOOOZZOZ-ld 8ZVSZ) U011e;s se6 0I IUOWOse0 - L09L abed 608Z M008 - a IIV :Iuauay0eUV to LO oi O a z i09T :Jd I08Z +I" 01/07/00 FRI- 10:40 ITZ/U NO 0035)• sent By: YVVAj ' 4ov-07--2000 69114 AM 941 597 1080j Nov-9-00 5:19PM; Page Ps 62 OR: 2801 PG: 1605 X Nt8 X-r C PARCH �'R so.00• 1 i 1 �1 PEE RKM ROAD = WEST ROLM � a 11/09/00 THU 17:17 [TX/RX NO Packet Pg. 157 jent By: YWA; 941 597 10a0; Nov-17.00 9:31AM; Page The Uw'ners turd all future owners, as well as their lessees, agents 0 �U3 ees Invite 6 6 fare :h, 1.11 and 111 and all parsons having business with any of them %hull have the right to use the Right -of -Way LasCments, in common with the Owners, lessees. agents and business invitees Of the other Parcels. Provided that the owner of Pumel Ili may, at his Role discretion, prohibit ingress and vWss them on tho property line between Parcel llt and Parcel 1, at any time from time to time. In all Declaration. IN Wl1 F,Lwments this TN tt r rrtsMtects the "Owners" consent to and reafflu m the remaining Article% of the; 4',lkLOF, the ' STATR OF FLORIDA, , COUTY NOF evi, c 71W foregoing i . 2000. by. Who is (SEAL) or who has have executed this Amendment to Lkclaration of 20W .3- me this ,41r day Of 4'?" as president al' GU TIME, TNC., as Commission N Commission !OWon Date ov .z , ZP04 dthatk 3afte ro- !oic w a G✓ 11/17/00 FRI 00:28 I?I/Ri Nf Packet Pg. 158 1 9.A.1.d OR; 2801 PG: i60� j . r i WpOA'l'L' Vi4NYURES, L.L.C. -a wy ES 4- m Az h"• �• L 1 r ! ' aj AMIir � Title• °' "—� ? o �.; JVAA (U I 16 1 ! r WI se �flt/ o &OkrwwWdpd bafam ma this ,,.t�f-day or .� o as Mmwdins MaMbcs a!'Pi>na Vonbnta. L..L.L.. I + k-wwn to m• ' feted - A CD r CD CD N IAJ CN momy "IC +am Number: ` k a 4 1 II C.uer,:ni RxpM+�doa lea• �o (am')'`, 1VOTARY SEAL m, RIQe, ►vow, PublicO ,1 wryr Camas E to � r I � a CO J N p O (.t tU 1 1 w Q E rl Packet Pg. 159 u Ift GiOM WIl bEttb4Et016 Et:lt OOYL t �y: wvri; • 0�1 �507 1tltR0; NOV-1 /•ou Y:41PAS •y �, 9.A.1.d OR; 2801 Pc; 1608 WITNESSES'.LDJ ASSOCIATE~, LTD. L By: Its Gewral PwineT 3 SlAtb ur rLvD L 4 1 l' <_ COI NTY Ur r 'III foatr ngoi g inum-nt" wqA 20 00. UencW'PW or who hasi} (.SEAL) *: ••• �:. ICpIt7W PTlnt NunC: A �� Lam. �it.. • K Titic: iJCN� a. ri.t�I� aAnowtedged before me thin 1 I lk. duy of f_ t, t ►3h't /L -L.A&&VA... t W wn,Uw hL4NWWAW,6AWAWlMM 1117VU.M+ W 0 -s- mown to nit aS=V4W%l9l- -- �,fii�it pavi�i P. Hopsteuc:C Camn%irAon Number: --- a Packet Pg. 160 9.A.1.e Dunkin Donuts Collier Blvd CPUD PL20220004546 Application and Supporting Documents June 1, 2023 CCPC Hearing wGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.e( Packet Pg. 161 9.A.1.e GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects October 26, 2022 Ms. Nancy Gundlach, AICP Collier County Growth Management Department Zoning Division - Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Dunkin Donuts Collier Boulevard CPUD (PL20220004546), Submittal 1 Dear Ms. Gundlach: An Application for Public Hearing for a PUD Rezone (PUDZ) is being filed electronically for review. The subject property is 1.98+/- acres in size and is located on the northwest quadrant of Collier Boulevard and Pine Ridge Road. The applicant is proposing to rezone the property to allow a maximum of 10,000 square feet of retail uses including drive-thru. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing for PUD Rezone 3. Evaluation Criteria 4. Pre-app Notes 5. Affidavit of Authorization 6. Property Ownership Disclosure Form 7. Covenant of Unified Control 8. Addressing Checklist 9. Warranty Deed(s) 10. Boundary Survey 11. Recorded Easements 12. Aerial Photograph 13. Statement of Utility Provisions 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. 162 Ms. Nancy Gundlach, A/CP RE: Dunkin Donuts Collier Boulevard CPUD (PL20220004546), Submittal 1 October 26, 2022 Page 2 of 2 14. Environmental Data 15. Traffic Impact Study 16. Completed Exhibit A - F Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP Neffs Collier Realty, LLC GradyMinor File (DDCB) 9.A.1.e Packet Pg. 163 COAT County 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD of PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑■ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Neffs Collier Realty LLC Name of Applicant if different than owner: Address: 6685 Collier Boulevard City: Naples Telephone: 305.766.3723 Cell: E-Mail Address: mkoroghlian@naplesdonuts.com Name of Agent: D. Wayne Arnold, AICP Firm: Q, Grady Minor & Associates, P.A Address: 3800 Via Del Rey Telephone: 239-947-1144 State: FL ZIP: 34114 Fax: / Richard D. Yovanovich, Esq. / Coleman, Yovanovich & Koester, P.A City: Bonita Springs state: FL ZIP: 34134 Cell: Fax: E-Mail Address: warnold@gradyminor.com / rovanovich@cyklawfirm.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. March 4, 2020 Page 1 of 11 Packet Pg. 164 9.A.1.e COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: E, Estates Zoning district(s) to the Dunkin Donuts Collier Boulevard CPUD zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Commercial, retail Original PUD Name: Not applicable Ordinance No.: Not applicable PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 15 49 26 Lot: N•A• Block: N•A• Subdivision: Golden Gate Estates Unit 26 Metes & Bounds Description: See Exhibit D of the PUD Document Plat Book: 7 Page #: 15 & 16 property I.D. Number: 37930440004 Size of Property: 561 +/- ft. x 150+/- ft. = 86'248+/ Total Sq. Ft. Acres: Address/ General Location of Subject Property: Collier Boulevard See Aerial Location Map PUD District (refer to LDC subsection 2.03.06 Q ❑■ Commercial ❑ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: 1.98+/- ❑ Industrial March 4, 2020 Page 2 of 11 Packet Pg. 165 COAT County 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N E, Estates VFW Post S C-3 Commercial retail center E E, Estates Collier Boulevard W E, Estates Residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: N.A. / N.A. / N.A. Lot: N.A. Block: N.A. Subdivision: N.A. Plat Book: N.A Page #: N.A. Property I.D. Number: N.A. Metes & Bounds Description: N.A. ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/]ndex.aspx?page=774. Name of Homeowner Association: Golden Gate Estates Area Civic Association Mailing Address: 2631 4th St NW City: Naples State: FL Zip: 34120 Name of Homeowner Association: __ Mailing Address: City: State: ZIP: Y 0 v Name of Homeowner Association: Mailing Address: City: State: ZIP: 0 o N N O N Name of Homeowner Association: a Mailing Address: City: State: ZIP: o Q Name of Homeowner Association: _ — m Mailing Address: City: State: ZIP: E V r w a March 4, 2020 Page 3 of 11 Packet Pg. 166 9.A.1.e Co*er Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. March 4, 2020 Page 4 of 11 Packet Pg. 167 COAT County 9.A.1.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E, of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. March 4, 2020 Page 5 of 11 Packet Pg. 168 9.A.1.e COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Neffs Collier Realty LLC Address: 6685 Collier Boulevard city: Naples Telephone:305.766.3723 Cell: E-Mail Address: mkoroghlian@naplesdonuts.com Address of Subject Property (If available): Collier Blvd City: State: ZIP: ROPERTY INFORMATION State: FL Fax: Section/Township/Range: 1/ 4/ 26 Lot: N.A. Block: N.A. Subdivision: Golden Gate Estates Unit 26 Metes & Bounds Description: See Exhibit D of the PUD Document Plat Book: 7 Page #: 15 & 16 property I.D. Number: 37930440004 ZIP: 34114 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: Provided separately with submittal 1 Peak and Average Daily Demands: A. Water -Peak: gpd Average Daily: gpd B. Sewer -Peak: 9Pm Average Daily: gpd If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 2025 March 4, 2020 Page 6 of 11 Packet Pg. 169 9.A.1.e COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N.A. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N.A. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. March 4, 2020 Page 7 of 11 Packet Pg. 170 Co*er Count y 9.A.1.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for planned unit development ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Printed Name STATE OF FLORIDA COUNTY OF COLLIER Owner Printed Name The foregoing instrument was acknowleged before me by means of ❑physical presence or❑online notarization this day of , 20_, by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box: ❑Are personally known to me ❑Has produced a current drivers license ❑Has produced as identification. Notary Seal Notary Signature: March 4, 2020 Page 8 of 11 Packet Pg. 171 COAT County 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Final Submittal Requirement Checklist for: ■❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountvfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 0 ❑ Affidavit of Authorization, signed and notarized 1 ❑ Property Ownership Disclosure Form 1 ❑ Notarized and completed Covenant of Unified Control 1 ❑ Completed Addressing Checklist 1 ❑ Warranty Deed(s) 1 0 ❑ List Identifying Owner and all parties of corporation 1 ❑ 0 Signed and sealed Boundary Survey 1 ❑ ❑ Architectural Rendering of proposed structures 1 ❑ X❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 x❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 X❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 0 ❑ Historical Survey 1 ❑ 0 School Impact Analysis Application, if applicable 1 ❑ 0 Electronic copy of all required documents 1 x❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ x❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Packet Pg. 172 COAT County 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ 0 Revised PUD document with changes crossed thru & underlined 1 ❑ 0 Copy of Official Interpretation and/or Zoning Verification 1 ❑ 0 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: El School District (Residential Components): Amy Lockheart El conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: ASSOCIATED FEES FOR APPLICATION Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 173 Co*er Count y 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5' and s� quent re -submittal will be accessed at 20% of the original fee September 16, 2022 Signature of Petitioner or Agent Date D. Wayne Arnold, AICP Printed named of signing party March 4, 2020 Page 11 of 11 Packet Pg. 174 9.A.1.e Dunkin Donuts Collier Boulevard CPUD (PL20220004546) Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. Provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. The subject 1.98+/- acre property is in the Urban Golden Gate Estates and is within the Neighborhood Center Subdistrict located at the northwest quadrant of Collier Boulevard and Pine Ridge Road. The applicant is proposing to rezone the property to a CPUD in order to develop up to 10,000 square feet of commercial land uses consistent with the C-1 through C-3 zoning districts. Access to the property will be from the frontage road parallel to Collier Boulevard and Neff's Way which abuts the western property frontage. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The site is well suited for the proposed commercial PUD as it is located between two developed parcels. To the south the property is zoned C-3 and is developed with a gas/convenience store and retail center. To the north is the VFW Post 7721, which is zoned E, Estates and was approved by prior conditional use. The site has access to water and sewer which is available immediately to the south. Access to the site is available via a frontage road for which the ROW was provided to Collier County from the prior property owner. A traffic impact analysis has been prepared which concludes that there is adequate roadway capacity to accommodate the proposed 10,000 square feet of commercial uses. The site will accommodate stormwater in dry detention areas before discharge into the Collier Boulevard ROW. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the countyattorney. The applicant is the owner of the CPUD. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) December23, 2022 W Grady�iNiinor Evaluation Criteria-rl.docx Page 1 of 10 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. 175 9.A.1.e The property is located within the Urban Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan (GGAMP). The site is further located within the Urban Mixed -Use, Neighborhood Center Subdistrict. This Subdistrict permits commercial development with intensities comparable to the C-3, Commercial Intermediate zoning district. The proposed PUD limits the permitted uses to those consistent with the C-3 zoning district. The PUD provides for buffers consistent with that required for projects within the Neighborhood Centers. Interconnection with the two adjacent developed properties are provided via the existing frontage road that was developed by Collier County to link the three parcels in the Neighborhood Center without the necessity to use Collier Boulevard. To the west are parcels zoned E, Estates and developed with residential homes. A 75' wide buffer/preserve has been provided consistent with the criteria for Neighborhood Centers. The PUD as proposed is consistent with Objective 2.1 and Policy 2.1.1 which address commercial development within the established Neighborhood Centers in the GGAMP. Fifteen (15) percent of the property (less the Neff's Road ROW easement area) has been retained as a native vegetation preservation area consistent with the LDC and Policy 3.3.1 of the GGAMP. The PUD application includes a traffic impact analysis which demonstrates that there is adequate capacity on the surrounding roadways to accommodate the proposed 10,000 square feet of commercial land uses, consistent with Policy 1.2.1 of the GGAMP. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed commercial PUD is both internally and externally compatible. Buffer requirements for development within Neighborhood Centers are described in the GGAMP and the PUD provides for these buffers adjacent to the frontage road and along Neff's Way. The PUD master plan identifies the proposed location of the commercial building, parking areas, access points and buffers. e. The adequacy of usable open space areas in existence and as proposed to serve the development. In addition to the buffer and preservation area, the PUD master plan identifies a publicly accessible courtyard as required for a PUD located within a Neighborhood Center. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Adequate infrastructure must be in place to support future development on the site. There are no known or anticipated capacity issues that will impact this project. December 23, 2022 Evaluation Criteria-rl.docx Page 2 of 10 Packet Pg. 176 9.A.1.e g. The ability of the subject property and of surrounding areas to accommodate expansion The CPUD is surrounded by zoned and developed land. Expansion of the PUD boundary is not proposed. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The PUD will be developed in conformance with the LDC. No deviations have been requested for the project. 10.02.08 - Requirements for Amendments to the Official Zoning Atlas F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. Neighborhood Center Subdistrict. This Subdistrict permits commercial development with intensities comparable to the C-3, Commercial Intermediate zoning district. The proposed PUD limits the permitted uses to those consistent with the C-3 zoning district. The PUD provides for buffers consistent with that required for projects within the Neighborhood Centers. Interconnection with the two adjacent developed properties are provided via the existing frontage road that was developed by Collier County to link the three parcels in the Neighborhood Center without the necessity to use Collier Boulevard. To the west are parcels zoned E, Estates and developed with residential homes. A 75' wide buffer/preserve has been provided consistent with the criteria for Neighborhood Centers. The PUD as proposed is consistent with Objective 2.1 and Policy 2.1.1 which address commercial development within the established Neighborhood Centers in the GGAMP. Fifteen (15) percent of the property (less the Neff's Road ROW easement area) has been retained as a native vegetation preservation area consistent with the LDC and Policy 3.3.1 of the GGAMP. The PUD application includes a traffic impact analysis which demonstrates that there is adequate capacity on the surrounding roadways to accommodate the proposed 10,000 square feet of commercial land uses, consistent with Policy 1.2.1 of the GGAMP. December 23, 2022 Evaluation Criteria-rl.docx Page 3 of 10 Packet Pg. 177 9.A.1.e 2. The existing land use pattern. The property is within a Neighborhood Center, and it is anticipated that commercial development will occur at this location. Properties located to the north and south are located within the Neighborhood Center and are developed with non-residential uses. c. Criteria for land uses at the center is as follows: Commercial uses shall be limited to intermediate commercial so as to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-1, C-2, or C-3 zoning districts outlined in the Collier County Land Development Code (Ordinance No. 04-41, as amended), except as prohibited below. The PUD limits uses to those permitted in the C-1 through C-3 zoning districts consistent with this criteria. ii. The Neighborhood Center located at the intersection of Pine Ridge Road and Collier Boulevard may be developed at 100% commercial and must provide internal circulation. Any rezoning is encouraged to be in the form of a PUD. This Neighborhood Center may also be utilized for single-family residential or conditional uses allowed in the Estates zoning district such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities. The subject property is located within the neighborhood center at Pine Ridge Road and Collier Boulevard and this quadrant will be developed with 100% commercial as permitted under this criteria. The rezoning is proposed as a PUD consistent with this criteria. Internal circulation within the Neighborhood Center is provided via the frontage road constructed as part of the Collier Boulevard widening and via Neffs Way, which extends from Pine Ridge Road north to the VFW lodge. iii. A single project shall utilize no more than 50% of the total allowed commercial acreage. This percentage may be increased at the discretion of the Board of County Commissioners. This Neighborhood Center is permitted to be 100% commercial and the proposed PUD permits only a maximum of 10,000 square feet of commercial uses. iv. The project shall make provisions for shared parking arrangements with adjoining developments. December 23, 2022 Evaluation Criteria-rl.docx Page 4 of 10 Packet Pg. 178 9.A.1.e At the present time, there are no shared parking arrangements in place for any of the properties within the neighborhood center. Should shared parking be desired by adjacent properties, the property owner will make arrangements for shared parking. v. Access points shall be limited to one per 180 feet commencing from the right -of- way of the major intersecting streets of the Neighborhood Center. A maximum of three curb cuts per quadrant shall be allowed. The project has no direct access to Pine Ridge Road or Collier Boulevard. Access is via the existing frontage road and Neffs Way. vi. Driveways and curb cuts shall be consolidated with adjoining developments, whenever possible. Because the adjoining sites are improved properties, joint curb cuts are not possible; however, the PUD proposes access to the existing frontage road at the location constructed by Collier County as part of the construction of the frontage road. vii. Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment, except when the roadway median between the two parcels has no opening. There are no developments on the opposite side of the frontage road or Neffs Way. viii. Projects shall provide a 25-foot wide landscape buffer abutting the external right- of - way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at least 24 inches in height at time of planting and attaining a minimum of three feet height within one year. A minimum of 50% of the 25-foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers otherthan grass. Existing native trees must be retained within this 25-foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained, where possible, to aid in achieving this buffer requirement. Water retention/detention areas shall be allowed in this buffer area if left in natural state, and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. a. For Tract 114, Golden Gate Estates, Unit 26, access shall be restricted to 11th Avenue S.W. Also, vehicular interconnection shall be provided to the adjacent property(s) in the Pine Ridge Road/Collier Boulevard Neighborhood Center. b. All buildings shall have tile roofs, 'Old Style Florida' metal roofs, or decorative parapet walls above the roofline. The buildings shall be finished in light, subdued colors, except for decorative trim. December 23, 2022 Evaluation Criteria-rl.docx Page 5 of 10 Packet Pg. 179 9.A.1.e The 25' wide landscape buffers with plant material specified in this criteria will be provided as part of the required site development plan. The buffer width has been noted on the PUD master plan. ix. All lighting facilities shall be architecturally —designed, and shall be limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses and consistent with Policy 5.2.4 (now: 3.2.51. A condition regarding the project lighting has been included in the PUD x. Commercial uses shall encourage pedestrian traffic through placement of sidewalks, pedestrian walkways, and marked crosswalks within parking areas. Adjacent projects shall coordinate placement of sidewalks so that a continuous pathway through the Neighborhood Center is created. The pedestrian pathways throughout the site will be clearly identified on the site development plan consistent with this criterion. xi. All buildings and projects within any single specific quadrant of the Subdistrict shall utilize a common architectural theme. This theme shall be applicable to both building design and signage. No specific design theme has been implemented for this quadrant of the Neighborhood Center. Buildings within the PUD will be developed in accordance with the architectural standards required in the LDC and the proposed 10,000 square feet building will be in scale with the adjacent single -story buildings. xii. Fences or walls may be constructed on the commercial side of the required landscape buffer between adjacent commercial and residential uses. If constructed, such fences or walls shall not exceed five (5) feet in height. Walls shall be constructed of brick or stone. Fences shall be of wood or concrete post or rail types, and shall be of open design (not covered by slats, boards or wire). No fence or wall is proposed on the property frontage along Neffs Way due to the extensive preserve area and landscape buffer provided. xiii. Projects directly abutting residential property (property zoned E-Estates and without an approved conditional use) shall provide, at a minimum, a seventy-five (75) feet wide buffer in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and must be consistent December 23, 2022 Evaluation Criteria-rl.docx Page 6 of 10 Packet Pg. 180 9.A.1.e with subsection 3.05.07H. of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be revegetated to meet subsection 3.05.07H. of the LDC (native vegetation replanting requirements). Additionally, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro -period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. c. If the project is reviewed by Collier County, the County engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. The PUD master plan identifies the minimum 75' wide buffer adjacent to Neffs Way consistent with this criteria. xiv. Projects within the Neighborhood Center Subdistrict that are submitted as PUDs shall provide a functional public open -space component. Such public open -space shall be developed as green space within a pedestrian -accessible courtyard, as per Section 4.06.03.13. of the Collier County Land Development Code, as in effect at the time of P.U.D. approval. The PUD master plan identifies the conceptual location of the functional public open space component which is depicted as an outdoor courtyard. xv. The following principal permitted uses are prohibited within Neighborhood Centers: a. Drinking Places (5813) and Liquor Stores (5921) b. Mail Order Houses (5961) c. Merchandizing Machine Operators (5962) d. Power Laundries (7211) e. Crematories (7261) (Does not include non -crematory Funeral Parlors) f. Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331) g. NEC Recreational Shooting Ranges, Waterslides, etc. (7999) h. General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) i. Elementary and Secondary Schools (8211), Colleges (8221), Junior Colleges (8222) j. Libraries (8231) December 23, 2022 Evaluation Criteria-rl.docx Page 7 of 10 Packet Pg. 181 9.A.1.e k. Correctional Institutions (9223) I. Waste Management (9511) m. Homeless Shelters and Soup Kitchens. None of the prohibited uses have been requested as part of the proposed PUD. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The PUD boundary is not proposed to be changed; therefore, no isolated district is created by this zoning action. The Neighborhood Center Subdistrict anticipates development through the PUD rezoning process. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD boundary represents a logical boundary. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The site is currently zoned, E, Estates, which does not permit commercial development; therefore, the rezoning is required. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed rezone will not adversely influence living conditions in the neighborhood. The PUD will be developed in compliance with the buffering standards required by the GGAMP. 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 proposed PUD will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses. The principal access to the site will be via a frontage road with access to Collier Boulevard. Access will also be available from Neff's Way. Both of these roadway connections currently provide commercial access to the adjacent properties. 8. Whether the proposed change will create a drainage problem. December 23, 2022 Evaluation Criteria-rl.docx Page 8 of 10 Packet Pg. 182 9.A.1.e No drainage problems will result from development of the site. The site will have a professionally engineered surface water management system which will consist of a series of connected dry detention areas which will collect stormwater before discharge into the Collier Boulevard ROW. 9. Whether the proposed change will seriously reduce light and air to adjacent areas The proposed rezone will have no impact on light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed rezone should have no impact on property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed rezone should enhance surrounding properties and will not deter improvement or development of nearby properties. The property will be in compliance with the GGAMP and LDC. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Any property owner may propose zoning changes subject to the requirements of the LDC. No special privilege results from the PUD Amendment. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property is located in a Neighborhood Center which contemplates commercial development under the GGAMP. The site is currently zoned E, Estates which does not permit commercial development; therefore, the site must be rezoned to a commercial zoning district in order to develop commercial land uses. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The scale of the project is in scale with the needs of the community. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. E r w a December 23, 2022 Evaluation Criteria-rl.docx Page 9 of 10 Packet Pg. 183 9.A.1.e It is not impossible to find other sites zoned for commercial uses; however, the site is located in an area where commercial development is anticipated. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The site is currently vacant and vegetated. Development will require the site to be partially cleared and filled which is consistent with the development which has occurred to other properties within the Neighborhood Center. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There are adequate roadways and utilities available at the site. There are no public facilities deficiencies at the present time, and none will occur as a result of this project. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. The project is consistent with the Growth Management Plan, and it is compatible with surrounding development. December 23, 2022 Evaluation Criteria-rl.docx Page 10 of 10 Packet Pg. 184 Co*er count 9.A.1.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Pre -Application Meeting Notes Petition Type: Rezone to PUD (PUDZ ) Date and Time: Tuesday 8/3/22 at 1:30 PM Zoom Assigned Planner: Laura DeJohn Engineering Manager (for PPL's and FP's): Project Information Project Name: Dunkin Donuts Collier Blvd (BUDZ) PL#: 20220004546 Property ID #: 37930440004 Current zoning: Estates (E) Project Address: City: Maples State: FL Zip: 34119 Applicant: Sharon Umpenhour - Grady Minor & Associates Agent Name: D • Wayne Arnold, AICP Phone: 239-947-1144 3800 via Del Bonita Springs, FL Agent/Firm Address: Rey City: State: Property Owner: Neffs Collier Realty LLC Please provide the following, if applicable: i. Total Acreage: I 98 ii. Proposed # of Residential Units: Pi. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: 34134 Zip: 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. 185 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.,gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Farm is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliercountvfl.qov/Home/ShowDocument?jd=75093 Cvn, �Y,9aLl4N - ., �S7IVlJl"�S — .�� . 3. rp4,_.Q.--:� e, 41L- e N �� 7-77G, � i a1).�- 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@nanlescov.com Allyson Hotland AMHolland(&nao#eWoy.com Robin Singer IRSinaer6j�naaleseoy.com Erica Martin emartin(@napiesgov.com Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best avaiiable 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 regufatfons 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 j 2 of 5 Packet Pg. 186 9.A.1.e ThomasClarkeVEN From: LaurapeJohnVEN Sent: Tuesday, August 02, 2022 2:18 PM To: ThomasClarkeVEN Subject: Zoning Pre-App Notes for Dunkin Donuts Collier Blvd (PUDZ) - PL20220004546 Attachments: PUDZ Application - checked.pdf Thomas, here are zoning notes. Attached is the PUDR app/checklist. - Request is for rezoning from E Estates to P U D far property in the Collier Boulevard/Pine Ridge Road Neighborhoo( Center per the Urban Golden Gate Estates Sub Element. - Property is 1.98 acres. Per LDC Sec 4.07.02.A.1., properties in a Neighborhood Center of the GG Area Master Plan have no minimum acreage requirement. - Refer to G M P far development requirements and uses that may be permitted (C-1, C-2, C-3 except for those identified as prohibited) - Zoning actions in GG Estates require mailing of public notice for NIMs and public hearings to property owners wits 1 mile (LDC Sec 10.03.05) - To address compatibility with adjoining residential property, provide architectural renderings or concept plans the identify the location and characteristics of proposed buiIding(s), parking/loading areas, outdoor lighting, buffering and screening elements. Laura Dejnhn, AJCP Collier County Growth Management Department Zoning Services (Vendor) 2800 North Horseshoe Drive Naples, FL 34104 Desk: (239) 252-5587 laura.dejohtiCc colliercountyfl.gov Under Florida Law. e-mail addresses are public records. if you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. instead, contact this office by telephone or in writing. f Packet Pg. 187 Ca ley County 9.A.1.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — fink is https://www.colliergov.net/Home/ShowDocument?id=75093. Camp Planning: PL20220004546 — Dunkin Donuts Collier Blvd. (PUDZ). The subject site (parcel number #37930440004) is ±1.98 acres and designated Estates Designation; Estates Mixed Use District; and is within the Collier Blvd./Pine Ridge Road Neighborhood Center Subdistrict in the Golden Gate Future Land Use Map of the Growth Management Plan. This land use designation states, "The Neighborhood Center located at the intersection of Pine Ridge Road and Collier Boulevard may be developed at 100% commercial and must provide internal circulation. Any rezoning is encouraged to be in the form of a PUS. Recognizing the need to provide basic goods, services and amenities to Estates residents, one Neighborhood Center has been designated on the Urban Golden Gate Estates Future Land Use Map. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning." There are a number of criteria for land uses at the Neighborhood Center. There are a number of landscape buffers, right of ways, and native vegetations. These rules can be found in the Golden Gate Area Master Plan, Urban Golden Gate Estates Sub Element starting on Pages 8-11. Please carefully comply with all the rules that apply. Please address FLUE Policies 5.6, 7.1-7.4. Sue Faulkner 8-1-2022 Z .2.- S? ► 5 Updated 7/24/2018 Page I +-vf-5 Packet Pg. 188 9.A.1.e ThomasClarkeVEN From: 5awyerMichael Sent: Tuesday, August 02, 2022 10:26 AM To: ThomasClarkeVEN; LauraDeJohnVEN Subject: Dunkin Donuts Collier Boulevard PUDZ Thomas and Laura, As you know this pre app has been scheduled on top of Chairman Fryer's meeting to discuss this week's CCPC hearing. Therefore I will obviously not be able to attend this pre app. Please use the following notes for the applicant: Please check the TIS required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: A TIS is required far the proposed PUD. Methodology meeting by email required and provide note on TIS cover sheet that fee will be collected at time of PUD submittal. Address all transportation elements of the GMP. Provide both ITE and SIC use codes in the TIS. Provide trip limit based on TIS using standard language: "The maximum total daily trip generation for the PUD shall not exceed two-way PM pe hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of applicatic for SDP/SDPA or subdivision plat approval." Access will be on the Collier Boulevard frontage road to the east as well as Neffs Way to the west. Additionally, provide interconnection commitment using standard language: potential "Vehicular and Pedestrian interconnection will be provided to the north and south for potential -future use. The final location of the access point will be coordinated with the adjacent property owner and a cross -access easement, or an access easement to the public for public use without responsibility of maintenance by Collier County, will be provided at time of the first Site Development Plan or Plat. All potential future interconnections shall remain open to the public." Use the most current AUIR with the submittal and update the TIS as needed upon adoption by the BCC Respectfully, Michael Sawyer Project Manager Transportation Management Services Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 m i ch ae 1. sawy er0 c o l l i ercou n ty f l .gov Under Florida Law, e-mail addresses are public retards. If you do not want your e-mail address reieased in response to a public records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 189 9.A.1.e ThomasClarkeVEN From: Beard Laurie Sent: Tuesday, August 02, 2022 1:36 PM To: ThomasClarkeVEN Cc: LauraDeJohnVEN Subject: Pre -Application Meeting PL20220004546 - Dunkin Donuts Collier Blvd (PUDZ) Attachments: Transportation-PUD monitoring pre app handout 2020.docx PUD Monitoring pre-app notes attached. Laurie Beard Project Manager Please note new address: PUD Monitoring. GMD 2800 N. Horseshoe Drive Naples. FL 34104 Laurie:Beard cDCollierCountvFL-aov Phone. (239)-252-5782 1.�'PROimLYS IYIK 4 C�L!lSINCE �V J�i2000 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to n public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. '2_}.1 Packet Pg. 190 9.A.1.e Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: Transportation Planning " The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval." Use Codes Provide both ITE and SIC use codes in the TIS. 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 PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." Miscellaneous "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. All other applicable state or federal permits must be obtained before commencement of the development." Ph- L1_X_ 9, Packet Pg. 191 Gottfer Caunty 9.A.1.e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercount I. ov (239) 252-2400 Meeting Notes Cf a 1�e►bf' o7"e-- , 3.4 �u�� rir.. r � . STozTz.[�e�w��cc•v �L �v � L.s�z - 5�35' •—AA tvA-TO_,,_ � lJ+g►+�►�¢ l�, i�un.r4� �C�GG►�H CU�c v L. G'ra � 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. 192 9.A.1.e ThomasClarkeVEN From: Ashton Heidi Sent: Tuesday, August 02, 2022 1:43 PM To: LauraDeJohnVEN; ThomasClarkeVEN Subject: Pre-App f s&aafetrfor Dunkin Donuts Collier Blvd (PUDZ) - PL20220004546 N� 4S Laura and Tom, Please add the following comment to the pre-app notes. Thank youl Please provide a copy of the easements demonstrating a right of access along Neff s Way to Pine Ridg Road. HttA As> tovwC%Cleo Ma"g%vzg Assf sta vut Cokvti td Attorme Offiee of tke Cou.vtitd AttomtU 29oo North Ftorseskoe Drive, 5klte 3oi Naptes, FL.34zo4 i2:�97 252-2773 Under Florida Law, e-mail addresses are public. records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 193 9.A.1.e ThomasClarkeVEN From: TempletonMark Sent: Tuesday, August 02, 2022 1:55 PM To: ThomasClarkeVEN Subject: RE: Pre-App Research for Dunkin Donuts Collier Blvd (PUDZ) - PL20220004546- ZOOM today at 1:30p Hi Thomas, Landscape notes for this one below: Label buffers on the PUD master plan. 75' wide on the West (SD' preserve t 25'buffer). 25' along the East. 10' Type A along the North and South if silent in the GMPA Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review C;o Ter COUn.ty Development Review Division Exceeding Expectations. Every pay? NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252,2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval of any pennit, plan, project, or deviation from Land I.7evelopment Code. From: ThomasClarkeVEN <Thomas.Clarice@colliercountyfl.gov> Sent: Tuesday, August 2, 2022 10:07 AM To: StoltsAnthony <Anthony.Stotts@ col iiercountyfl.gov>; AshtonHeidi Heidi.Ashton@colliercountyfl.gov>; Beard Laurie Laurie.Bea rd@ coIIiercountyfl.gov>; BrownCraig <Cra ig. B rown @ coIIiercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov>; PerryDerek <Derek.Perry@ coIIiercountyfl.gov>; 0rtmanEric <Eric.Ortman@col Iiercountyfl.gov>; FauIkner5ue Sue.Faulkner@colliercountyfl.gov>; SantabarbaraGino Gino.Santabarbara@colliercountyfl.gov>; MoscaMichele <Michele.Mosca@colliercountyfl.gov>; ❑rthRichard <Richard.Orth@colliercountyfl.gov>; KlopfParker <Parker.Klopf@col liercountyfl.gov>; HansenRacheI < Rachel.Hansen@ col Ilercountyfl.gov>; AshkarSaIly Sally.Ashkar@colliercountyfl.gov>; SawyerMichael Michael.5awyer@colliercountyfl.gov>; Sammon5ean Sean.Sammon@colliercountyfl.gov>; TempletonMark Mark.Templeton@colliercountyfl.gov> Cc: LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov> Subject: Pre-App Research for Dunkin Donuts Collier Blvd (PUDZ) - PL20220004546- ZOOM today at 1:30pm Good Morning All, 7 �'e 3. a - Packet Pg. 194 9.A.1.e ThomasClarkeVEN From: BrownCraig Sent: Tuesday, August 02, 2022 4:57 PM To: ThomasClarkeVEN Subject: RE: Pre-App Research for Dunkin Donuts Collier Blvd (PUDZ) - PL20220004546- ZOOM today at 1.30pm Attachments: Environmental data Checklist updated December 2016.doc; PUDZ-PUDA checklist FOR REVIEWERS 2-2017.doc Thomas, Here are my notes for this request. Here are my notes for this one. Please provide Environmental Data: Please provide FLUCFCS aerial map of the subject property please include the invasive exotic plant percentage amounts and indicate which FLUCFCS are being considered Native Vegetation. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. Please provide a current Listed species survey, which should include listed plants for the subject property. Provide supporting exhibits (i.e. Panther zones ect.) be sure to include Black Bear, and Florida Bonneted Bat as part of the evaluation. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Provide a survey for listed plants identified in 3.04.03. 3. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D; 3.05.07.F; 3.05.07.H.1.d- e). (10% preservation required.) Label the Master plan with a note that the preservation is to be addressed off -site and provide the calculation in the packet submitted. 4. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts to listed species as required in the CCME. (The preservation Requirement is 10%). 5. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. (If found onsite). 6. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. �►��3.c_-f� Packet Pg. 195 9.A.1.e Please address how the proposed project is consistent with Conservation Coastal Management Element (CCME) Policy 6.1.1 and Objective 7.1. Please review LDC Section 3.08.00 A.1.d.li and address whether the property historically or currently h; exceeded hazardous products limitations, if so a phase one soil and groundwater sampling report will be required at the first development order. Provide written justification for any proposed deviations. (See attached Checklist for additional submittal requirements). Fees $2500.00 Craig Brown Principal Environmental Specialist Development Review Division (239) 252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Tuesday, August 2, 2022 10:07 AM To: StoltsAnthony <Anthony.Stoit @colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton colliercountyfl.gov>; Beard Laurie <Laurie.Beard@colliercountyfLgov ; BrownCraig <Craig.Brown@colliercountyfl.goo ; CookJaime <Jaime.Cook@colliercountyfl.gov>; otteauKathynell <Kathynell.C/ra olli countyfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gova; ❑ anEric <Eric.Ortman@colll. v�; FaulknerSue Sue.Faulkner@colliercountyfl.gov>; San �barbaraGino <Gino.Santcol liercountyfl.gov>; Mosca Michele Michele.Mosca�7colliercountyfl.gov�; Ortf?R``ichard <Richard.Drthuntyfl.gov>; KlopfParker <Parker.Klopf@colliercountyfl.gov7; HansenR�chei �Rachel.Hansenuntyfl.gov>;Ashkar5ally Sally.Ashkar@colliercountyfl.gov>;SawyerMich el <Michael.Sawycountyfl.gov>;5ammonSean Sean.Sammon@colliercountyfl.gov>; Templeton rk<Mark.Temlliercountyfl.gov> Cc: LauraDelohnVEN <Laura.DeJohn@colliercountyfl. ova Subject: Pre-App Research for Dunkin Donuts Collier B d (PU ) - PL20220004546- ZOOM today at 1:30pm Good Morning All, Please see the attached Pre-App Res PL20220004546. The Pre-App Zoom meeting i foday, Tu below Zoom Invite: for Dunkin Donuts Collier BlvdL 22 atl:30 PM via Zoom. See attached link Topic: Pre -Application Meeting PL20220004546 - Dunkin Donuts Collier Blvd (PUDZ) Time: Aug 2, 2022 01:30 PM Eastern Time (U5 and Canada) p(*L--r— �. G, v2 Packet Pg. 196 9.A.1.e Environmental Data Checklist Project Name u� ��, bo" 7-5 Cv o . The Environmental Data requirements can be found in LDC Section 3.08.00 Provide the EIS fee if PUD or CU. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. 3. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 5. Where Native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. 7. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 8. Provide a survey for listed plants identified in 3.04.03 9. WildIife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the �-4 Packet Pg. 197 9.A.1.e location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25 year rezone limitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. 11. identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. Include the above referenced calculations and aerials on the SDP or final plat construction plans. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. 12. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts_ Include this information on the SDP or final plat construction plans. 13. Where off -site preservation of native vegetation is proposed in lieu of on -site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off -site parcel(s) if off -site donation of land is to occur. 14. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. 15. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SDP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to I2 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. 9.A.1.e 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. 18. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. 19. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 20. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 21. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. 24. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) a. Provide overall description of project with respect to environmental and water management issues. b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 25. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 26. Is EAC Review (by CCPC) required? Packet Pg. 199 9.A.1.e 27. PUD master plan or PPL/SDP site plan notes: Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document. 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. 28. Additional comments 29. Stipulations for approval (Conditions) � (1, t' . ItCr-Q Packet Pg. 200 9.A.1.e Environmental PU Z-P MA Checklist (non-RFMU) Project Name k) 0A)475 121,Z011-- j,j/ 1. Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08; 4.08.00) Not in CV Library 2. Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay -P627 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.H.1). Preserve Label- P546 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.13-I); 3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation - P547 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve Width - P603 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) Preserve Selection- P550 7. Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross -sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback —New S. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) Listed Species - P522 9. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off -site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) Environmental Data Required — P 522 10. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 11. If the PUD includes a Preserve Tract section UP FOR DISCUSSION — DISCUSS WITH CAO When listing preserve uses, the following is suggested: A. Principal Use: Preserve; B. Accessory Uses: All other uses (list as applicable or refer to the LDC — see 1-3 below as typical uses listed by agents) {ensure the text states "subject to LDC section related to Allowable uses within County required preserves" Alternate format: A. Uses subject to LDC section Allowable uses within County required preserves: 1. Nature trails that do not reduce the amount of required preserve. 2. Passive Recreation uses, as per LDC requirements. 3. Stormwater only when in accordance with the LDC. leL 7 Packet Pg. 201 9.A.1.e PUD Commitments and Site Plan notes Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document or master plan: 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. 12. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Slack Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. 13. Review cross -sections if provided; they are not required with the PUD. However, sometimes they are provided. Is there any fill proposed in the preserve? Additional Comments: Packet Pg. 202 9.A.1.e C0 er Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Pre -Application Meeting Sign -in Sheet PL# 20220004546 Collier County Contact Information: Name Review Discipline Phone Email El Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov El Shar A.Beddow M5M/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org P_ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov R Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov .Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov _Thomas Clarke Zoning Operations Analyst 252-2584 thornas.clarke@colliercountyfl.gov Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov Gabriela Castro Zoning Principal Planner 252-4211 1 gabriela.castro@colliercountyfl. ov Maggie DeMeo North Collier Fire 252-2308 demeo@northcollierfire.com J �&R+Jri.aA+,� LT3 Utility Planning 252--ff colliercount fl. ov F, Tim Finn, A#CP Zoning Principal Planner 252-4312 timothy.finn@colliercountyfi. ov Sue Faulkner GMP - Comprehensive Planning 252-5715 sue.faulkner@colliercounty€i.gov L! Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyf€.gov LI Storm Gewirtz, P.E. Engineerins Stormwater 252-2434 storm.gewlrtz@colliercountyfl.gov _�^ lt� Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@coll'iercountyfl.gov 11 Nancy Gundlach, AICP Zoning Principal Planner 252-2484 1 nancy.gundiach@colliercountyfl.gov L Rachel Hansen GMP —Com prehensive Planning 252-1142 Rachel. hansen@coiliercountyfLgov L Richard Henderlong Zoning Principal Planner 252-2464 richard.henderiong@colliercountyfl.gov 11 John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov L l Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.hurnphries@colliercountyfl.gov L Anita Jenkins Planning & Zoning,Director 252-5095 Anita.jenkins@colliercountyfl.gov 1. 1 John Kelly Zoning Senior Planner 252-5719 john.kell @colliercount 1. ov 1 1 Parker Klopf GMP —Comprehensive Planning 252-2471 Parker.klopf@colliercountyfl.gov . 1 Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com _] Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com . 1 Diane Lynch operations Analyst 252-8243 diane.lynch @coiliercountyfI gov I...l Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@col liercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 203 Coder county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 9.A.1.e Ll Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew-mclean@colliercountyfl.gov Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov Richard Orth 5tormwater Planning 252-5092 richard.orth@colliercountyfl.gov Eric Grtman Zoning Principal Planner 252-1032 1 Eric.artman@colliercountyfl.gov Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyfl.gov Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov Todd Ri gall North Collier Fire 597-9227 triggall@northcollierfire.com Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov 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@colliercountyfl.gov Peter Shawinsky Architectural Review 252-8523 eter.shawinsky@colliercountyfl.gov Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfi.gov Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl. ov Jon Walsh, P.E. Building Review 252-2962 jonathan,waish@colliercotintyfl.gov i_ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov -Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov 7-01VI i6 (foLLee— o'k-ly 05Z-S�;$ 7 Additional Attendee Contact Information: Name Representing Phone Email !. RED ILi - ��' 9 /! urN P�M h ok r►-C� C�rWr ,�n.u,,.� Qua_ ,• Updated 1/12/2021 Page 1 5 of 5 Ft,caf Packet Pg. 204 9.A.1.e Dunkin Donuts Collier Blvd PUDZ — PL2O22O004546 -Laura Dejohni Wa ne Arnold — 8 2 22 n Find a participant Imthomas clarke (Host. me) GradyMmor p Obeard_I i/ Heidi Cicko >� 0 LauraDelohnVEN Sue Faulkner Cormac Giblin Craig Bro�rvrr Derek D. Perry. County Attorney's Office fD] © EricOrtman Mark Mike Delotte Packet Pg. 205 9.A.1.e Applicant/Agent may also send srce plans or conceptual plans for review in advance if desired. PL2022OOO4546 — Dunkin Donuts Collier Blvd.(PUDZ) - Planner: Laura DeJohn Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION Name and Number of who submitted pre-app request Sharon Umpenhour — Grady Minor & Associates 239-947-1144 sum enhour rad minor.com ■ Agent to list for PL# D. Wayne Arnold, AICP ■ Owner of property (all owners for all parcels) Neffs Collier Realty LLC Confirm Purpose of Pre-App: - Rezone to a PUD (PUDZ) Proposed rezone from the E, Estates Zoning District to CPUD to allow commercial development. 0 Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): N/A ■ Details about Project: See Above REQUIRED Supplemental Information provided by: Name: Title- Email - Phone: Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny•condomina2colliercountyfl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Planning 5ervices\Current\zoning Staff Information Packet Pg. 206 9.A.1.e Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gou Final Submittal Requirement Checklist for: LX1 PUD Rezone- Ch. 3 G. Z of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code 6. ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-7400 FAX: (239) 252-63S8 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please {provide the submittal items in the exact order listed below, with cover sheets attached to each section. incomplete submittals will not be accepted. A Model PUD Document is available online at htt www.colliercount fl. ov Home ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 0 ❑ Affidavit of Authorization, signed and notarized Property Ownership Disclosure Form 1 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) ❑X ❑ List Identifying Owner and all parties of corporation --� 1 ❑ ❑ Signed and sealed Boundary Survey 1 Q ❑ Architectural Rendering of proposed structures 1 X❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 x❑ ❑ Statement of Utility Provisions 1 E ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ® ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ® ❑ Listed or Protected Species survey, less than 12 months old. Include copses of previous surveys. 1 ® ❑ Traffic Impact Study — FeP C�4c rip ,4w+eCrF �(p S.3„�� tt,,L.- 1 ❑ Historical Survey 1 ❑ 0 School Impact Analysis App(ication, if applicable 1 ❑ 0 Electronic copy of all required documents 1 ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑x ❑ List of requested deviations from the LDC with justification for each )this document is separate from Exhibit E) ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Packet Pg. 207 C'.0 er C %4Ht 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercount . ov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ ❑ x❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ x❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑x ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement "The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses ❑ Exhibit B: Development Standards ❑ Exhibit C., Master Plan- See Chapter 3 E. 1. of the Administrative Code ❑ Exhibit D: Legal Description ❑ Exhibit E: List of Requested LDC Deviations and justification for each -1 Exhibit F: List of Development Commitments If located in RFMU Rural Fringe Mixed Use Receivinia Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)ii.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑School District (Residential Components): Amy Lockheart ❑ Conservancyof SWFL: Nichole Johnson X Utilities Engineering: EA4-P@y4Anvvq Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director Other: v��Go�n.r,•f—Srd�mw,tir�v ❑ City of Naples Utilities other: FIAZ ASSOCIATED FEES FOR APPLICATION X Pre -Application Meeting: $500.00 N PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre X Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 X Transportation Review Fees: o Methodology Review: $500.00 methodology by email to staff *Additional fees to be determined at Methodology Meeting. a Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 208 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. co i l i e rco u nty. goy Legal Advertising Fees: o SCPC: $1,125.00 eKBCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5' and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date 9.A.1.e March 4, 2020 Page 11 of 11 Packet Pg. 209 9.A.1.e AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL2022000454 I Michael KoroghWii (print name), as Manager (title, If applicable) of Wfs Comer Realty t_�c (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 Q. Gradv 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. 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 state n it are tr e 10 / Z Signature L LZ Date STATE OF FLORIDA COUNTY OF COLLIER r The foregoing instrument was acknowleged before me by means of ®physical presence or ❑online notarization this �day of � .2022 , by (printed name of owner or qualifier) Michael Koro shllanas Manager Such erson(s) Notary Public must check applicable box: Are personally known to me ® Has produced a current drivers license Has produced I as identif ation. C If Notary Sig nafur CP10lt-COA-00115A 35 REV 3A/2030 R+� Nolan Pubnc Stale of Florida LaCmhs Ruffin;, ExoNHS t4t1822 OP 00 04 le rn N Packet Pg. 210 Cote er County 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.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. 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 CIL.CIILdI-{C UI JUL.II IIILUFUJA. Name and Address I % of Ownership N.A. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership N.A. C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership N.A. d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Created 9/28/2017 Page 1 of 3 Packet Pg. 211 Cote er County 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Name and Address % of Ownership Neffs Collier Realty, LLC, 6685 Collier Boulevard, Naples, FL 34114 Michael Koroghlian, Manager 100 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: f 9. Name and Address % of Ownership N.A. Date of Contract: August 30, 2021 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. Date subject property acquired 2022 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: N.A. Date option terminates: N.A., or Anticipated closing date: N.A. AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Created 9/28/2017 Page 2 of 3 Packet Pg. 212 Coder County 9.A.1.e COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 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 publichearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature D. Wayne Arnold, AICP Agent/Owner Name (please print) Created 9/28/2017 September 16, 2022 Date Page 3 of 3 Packet Pg. 213 9.A.1.e COLLIER COUNTY GOVERNMENT C. (3 e6r Qmnty 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLE5, FLORIDA 34104 www.coillercounty.gov (239) 252-2400 FAX; (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Paroel No.379304400D4 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for commercial planned unit development ( C PUD) zoning. We hereby designate 0.Grady MhorsA%sooates•P.A. , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval an the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County, The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land ievelopment Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all t rms, conditions and safeguards of the planned unit development. Owner Owner Michael Koroghlian es Manager of Neffs Collier Realty LLG Printed Name STATE OF FLORIDA COUNTY OF COLLIER Printed Name 00 N le LO N The fare Ring ` _instrument was acknowleged before me by means of �sicai presence oroonline notarization this -' day of - Cf'.r 2011, by (printed name of owner or qualifier) Michael Koroghlian as Manager ofNeffs Collier Realty LLC C Su�b person(s) Notary Public must check applicable box: as General Partner of Bryan W. Paul Family Limited Liability ALimited Partnership personally known to P . ©iias produced a current drivers license c []Has produced as id ntification. notary Pubk State of Fto►ide i LaC 9sha RiA n Notary Signatures � 4 H5 t48822 r VA March 4, 2020 page 8 of lI Packet Pg. 214 *** OR 6143 PG 1057 *** 9.A.1.e EXHIBIT "A" LEGAL DESCRIPTION THE SOUTH 150 FEET OF TRACT 109, GOLDEN GATE ESTATES, UNIT NO. 26, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, PUBLIC REC9RDS OF COLLIER COUNTY, FLORIDA; LESS THE FOLLOWING PARCEL: BE GAT THE SOUTHEAST CORNER OF SAID TRACT 109; THENCE S890 31' 41 "W, Ak NG., SAID SOUTH LINE OF SAID TRACT 109 FOR 74.47 FEET TO A POINT ON A CURVE, VENCE NORTHERLY 60.22 FEET ALONG THE ARC OF A NON - TANGENTIAL CURVE TOTHE LEFT, HAVING A RADIUS OF 383 FEET, THROUGH A CENTRAL ANGLE OF�9°.AO' 30", AND BEING SUBTENDED BY A CHORD WHICH BEARS N060 27' 45"W FOR 60.15 FEET; THENCE N10o 57' 59"W 44.63 FEET; THENCE N120 44' 33" W 47.39 FEET A POINT ON THE NORTH LINE OF THE SOUTH 150 FEET OF SAID TRACT 109; HENCE N890 31' 31 "E ALONG SAID NORTH LINE FOR 98.91 FEET; THENCE S0069' ,08"E,,.'OR 150.02 FEET TO THE POINT OF BEGINNING, AS TAKEN BY COLLIER COUI'YURSUANT TO STIPULATED ORDER OF TAKING RECORDED IN OFFICIAL RECQI3,,BOOK 4963, PAGE 2748, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Warranty Deed Page 3 Prolaw:769251 3 Packet Pg. 215 9.A.1.e ca PICT c014-nty Growth Management Deparhnent ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliercountyfl.gov or submit in person to the Addressing Section at the address listed below. This form must be signed by Addressing personnel prior to the pre -application meeting. Please allow 3 business days for processing. Not all items will apply to every project. Items in bold are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below. Complete a separate Addressing Checklist for each Petition type). ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use Permit) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIN (Insubstantial Change to SIP) ❑ FP (Final Plat) ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑✓ OTHER PUDZ LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) S15/T49/R26 FOLIO (Property ID) Number(s) of above (attach to, or associate with, legal description if more than one) 37930440004 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) N.A. • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-of-way • SURVEY (copy — only needed for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) Dunkin Donuts Collier Blvd name not yet approved PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL # Addressing Checklist (Rev 12/2021) Page 1 of 2 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 216 9.A.1.e ca PICT couMty Growth Management Department Project or development names proposed for, or already appearing in, condominium documents (if application, indicate whether proposed or existing) Please Return Approved Checklist By: DEmail Applicant Name: Sharon Umpenhour Phone: (239) 947-1144 ❑Personally picked up Email: sumpenhour@gradyminor.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number 37930440004 Approved by: f �—k Date: Updated by: Date: 7/6/2022 IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR A NEW FORM SUBMITTED. Addressing Checklist (Rev 12/2021) Page 2 of 2 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.colliercount%/fl.clo Packet Pg. 217 Collier County Property Appraiser Property Aerial 9.A.1.e Site Zone Parcel No 37930440004 I Address Site City NAPLES Site Note 34119 *Disclaimer PIELlif } _k it ll ,'.. A Arr ! •1 f!r'�w.i 1 .,C—Iy Propeny App—r.bi.pw, r Open GIS in a New Window with More Features. I Packet Pg. 218 INSTR 6271430 OR 6143 PG 1055 E-RECORDED 6/20/2022 11:41 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $6,300.00 REC $27.00 CONS $900,000.00 9.A.1.e This instrument prepared by, and after recording, return to: Leo J. Salvatori, Esq. Salvatori Law Office, PLLC 5150 Tamiami Trail North, Suite 304 Naples, FL VIV3,;2823 Con This Warranty Deed made LTD., a Florida limited partnersh 33176, GRANTOR, and NEM company, whose post office addre; 34114, GRANTEE. WARRANTY DEED 10`' day of June, 2022, between LDJ ASSOCIATES, ith an address of 8800 SW 116 Street, Miami, Florida LI�IER REALTY LLC, a Florida limited liability tax -purposes is 6685 Collier Boulevard, Naples, Florida Witnesseth that said Grantor, for and in' consideration of the sum of TEN AND 00/00 DOLLARS ($10.00), and other good and valuable d sideration, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknotp.ged, have granted, bargained and sold to the said Grantee and Grantee's heirs and assign�f J*ver, the land, situate, lying and being in Collier County, Florida, to wit: See Exhibit "A" attached hereto (the "Property") Ile Subject to covenants, restrictions, and public utility ements of record; existing zoning and governmental regulations, and real estate taxes for the year 2022 and all subsequent years, bearing Account No. 37930440004. To have and to hold, the same in fee simple forever. And said Grantor does hereby covenant with Grantee and its suc lawfully seized of the Property; it has good right and lawful authority Property; it fully warrants the title to said Property, and will defend the claims and demands of all persons whomsoever. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Warranty Deed Page 1 and assigns it is 'and convey the anst the lawful Prolaw:769251 3 Packet Pg. 219 OR 6143 PG 1056 9.A.1.e IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, s le nd delivered GRANTOR: in the ese e i LDJ ASSOCIATES, LTD., a Florida limited partnership Witdess No. lSiv t 4x' By: No. 1 Witness No. 2 Signature .alai Witness No. 2 Printed Name Larry E. Brooks, as General Partner STATE OF FLORIDA� COUNTY OF COLLIER ' The foregoing instrument was acZded before me, by means of cI-iysical presence or ❑ online notarization, this —7 day of die, 2022, by LARRY E. BROOKS, as General Partner of LDJ ASSOCIATES, LTD., a Florida limited partnership, o _ personally known to me. Al ! PRINTED OR STAMPED NAME OF NOTARY My Commission Exar,, LEO J. SAlUAT'oRt` W COMMISSION # HFI 050632 ,'c`.•` EXPIRES: November 28, 2024 S eos di° Bonded TM Notary Put it Underwdiers Warranty Deed Signature Page Packet Pg. 220 *** OR 6143 PG 1057 *** 9.A.1.e EXHIBIT "A" LEGAL DESCRIPTION THE SOUTH 150 FEET OF TRACT 109, GOLDEN GATE ESTATES, UNIT NO. 26, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; LESS THE FOLLOWING PARCEL: BEC`�k, GAT THE SOUTHEAST CORNER OF SAID TRACT 109; THENCE S890 3 F 41 "W, G.., SAID SOUTH LINE OF SAID TRACT 109 FOR 74.47 FEET TO A RI POINT ON A CUE;, ENCE NORTHERLY 60.22 FEET ALONG THE ARC OF A NON - TANGENTIAL CUR\LE` TO THE LEFT, HAVING A RADIUS OF 383 FEET, THROUGH A CENTRAL ANGLE OF . 0 .b0' 30", AND BEING SUBTENDED BY A CHORD WHICH BEARS N06° 27' 45"W'FOR 60.15 FEET; THENCE N101 57' 59"W 44.63 FEET; THENCE N120 44' 33" W 47.39 FI{ET�_T¢ A POINT ON THE NORTH LINE OF THE SOUTH 150 FEET OF SAID TRACT 109; 'HENCE N89° 31' 31 "E ALONG SAID NORTH LINE FOR 98.91 FEET; THENCE S00049'08"E�FOR 150.02 FEET TO THE POINT OF BEGINNING, AS TAKEN BY COLLIER COUl� f'T URSUANT TO STIPULATED ORDER OF TAKING RECORDED IN OFFICIAL RECOk S.;BOOK 4963, PAGE 2748, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, . Warranty Deed Page 3 Prolaw:769251 3 Packet Pg. 221 I -7 .ems- - a �\ ("I1 0 ' LSB d QM nlNnoo Ng1Jp1 — ctl-1 1uw �°KK �xazs w� bR� $ all, �m y; \` U 4Jk Sa 2 I I ash B3$$i§`kEg==a k C CEE x iT i alas � 3 na ka=£'ug. 6� �;mRSeW g �34$��m � sa = ni a €� s�#syaa`$ g§ffla " .0-4 =serer zg wsMIEll 11 �j8 PN spaka p8ao .c 2 a 1k PIP, i N � 0 5�ens o �$e sg�a �y a aUs's €keg"ns 159 �`x =xaoi 33 ag 1 p� Re5— — — — ^as ? R uv,eairwasv3 9g� x BO- ,s`tloi wx a"ear Eah 3W` 3 tl3 „� I a� e $EES��p�Yg Y`55s��3 : as .pan® 5sa��8ECSPp6.®C e e; I ill Hill es xAe��k"2dY e'�SYd��$ y 'fin, ��.��3 �EEd�A 9.A.1.e �!KRELpiD t0ift eoo� 97 11NA492 Otc 1 1 0� PH'61 C1u�utRCF{c ��Y%;"OTT COURT RESTRICTIVE COVENANTS THIS INDs&hTURB made and entered into this P -'/ day of +-, 1961, by and between the GULF AMMICAN LAM CORPORA- TION, a Florida Corporation, and ALL FUTURE oHNERS OF COWEN GATE ESlATES,'located In Collier County, Florida. WHZRv!e, GULF AMERICAN LAND CORPORATION intends to develop and improve, with certain covenants, agreements, easements, restric- tions and conditions which will run with the land, as hereinafter stipulated, the following described real property, situate, lying and being in COLLIER COUNTY, FLORIDA, and ears particularly describ- ed as: TOWNSHIP 48 SOUTH, P.A.4GE 27 EAST: All of the following Sections, except that portion of Section 22, lying East of State Road #846: 21 28 22 33 2S 34 26 35 -27 • 16 ?OHNSHIP 49 SOITrH, RANGE 26 EASE• All of the.followin Sections: 1 12 23 2 13 26 3 14 29 10 is 11 20 TOWNSHIP 49 SOUTH. RANGE 27 ]MST: r ' All of the followinx Sections: 7 4 8 S 9 6 l0 NW, TADWORE, GL7l AMMICAS LAIID CORPOQAt1CN hereby makes tens following declarations as to limitation , restrictions and use to w:sich GOL27-4 GATE ESTATES may be pc-t; hereby specifying that said declarations stall constitute covenants to ran with all of the .w w.m Packet Pg. 223 9.A.1.e Bock 9 i PzA 93 land as provided by law, and shall be binding upon all parties, persons claiming under them and for the benefit of,_and the limits- tion upon all F MJKZ OWMS of said GOLDEN GATE ESTATES; this Declaration of Restriction being designed for the purposes of keeping said G=EN GATE ESTATES vnifom and suitable in occupancy for use as herein specified. A - The following uniform general restrictions shall.apply to all of the lands hereinabove described: 1 - If and in the went the above described property is subdivided, all lots must have a minimum of 75 feet fronting on the road Right -of -Spay and minimum depth of 135 feet; provided that this restriction may be amended hereafter by GULF APUERICAN LAND COhPORA- TION for areas designated other than residential. 2 - If and in the event nay of the lands herein described are subdivided, a utility and drainage easement is hereby reserved ovar the rear six (6) foot of any parcel so subdivided; it is coo- t"Wlatad that the above and foregoing land shall be platted sod all reservations, au ements, restrictions and dedications contained on • said plat are S.ncorporated herein by this reference. 3 - rio umious or offensive activity shall be carried on upon any lot nor shall anything he done thereon which may or became an annoyance or nuisance to the neighborhood or other property owners. 4 - No lot or tract shall be used or maintained as a • dumping ground for rubbish, trash, garbage or other vasta and all such rubbish, trash, garbatc or.waste saall be kept in sanitary con- tainers or covered pits. ... "W-M ,...n {rr+ a Vac+ YAK pwwy .2- - Packet Pg. 224 9.A.1.e mm N pm494 . 5 - All sewage disposal systems snot be constructed in accordance with the standards and recommendations of the Florida State Board of Health and Collier County health Officials. 6 - No lot. tract or parcel shall be used or permitted to be used as a junk yard or for the storage of*items notmally relating to said business. 7 - These covenants and restrictions &hall run with the land and be binding upon all parties or persons claiming under or through GV1F AMMICAN LAND CORPORATION for a period of twenty-five_ (25) years from the date hereof. 8 - These covenants and restrictions are severable and the invalidation of one by amendment, court order, or changed by GUil AMERICAN LAND CORPORATION shall not invalidate accy other provi- sioo hereof and each covenant shall be independent to this extent 9 - 'GULF AKWCAN LAM CORPORATION, its successors, "signs. or duly authorised. by recorded instrsa.ent, Agent or Agents, epee Ifical y r"arre the right to amend, alter or change tbase eovanants and restrictions from tine to time by filing an Amendawnt thereto upon the Public Records of Collier County. Florida. 10 - All plane and specifications for acw and all strncturee must be submitted to GULF AMERICAN 1AND CORPORATIOK, its successors, assigaa, or its duly authorised Agent, for written approval of the materials. size, location, elevation or grade, and exterior design prior to the commencament of any construction on the herein described • land. No structure shall be permitted or suffered to be permitted without compliance with cais covenant. Toe submiseim shall be to G:a-r Af=!CA.ti LX:D CORPQ3ATIC,f, P"NS ArPVCFVAL DIVISION, 557 Northea►t o:rt Street, Miami 38, Florida, or such other address or divl3ioo ar ,w «ems. WAY •.My -3- Packet Pg. 225 9.A.1.e eon 97 m495 . may be sat forth hereafter by the said GULF AMMICAN LAND CORPORA - ?ION, its successors or assigns by instrument in writing, filed with the Clerk of the Circuit Court in and for Collier County, Florida. 11 - It is the intent of this instrument to establish uniform restrictions applying to the overall development of the .areas known as GOLDEN GALE ESTATES for the benefit and betterment of the property and to allow subsequent and swore detailed restric- tions to be applied is accordance with sound planning and growth of the area. 3 - All of the herein described real property nay be used for single-family residential purposes; provided, that all single- family residential construction shall meet the following additional uniform general restrictions: 1 - All residential structures erected or permitted to be arected upon the lot or tract shall contain a minimo of 600 square 'feet of liable interior floor space and shall be constructed with permanent building material; specifically excluding, inter alias, construction by tin, related corrogated materials or tar paper. 2 - The area and set -back regulations for residential use shall be as follows: (a) Trout yard set -back 30 feet minimum. 37-1/2 feet maximum (b) sear yard set -back 20 feet (c) Side yard sec -back 7-1/2 feet (1) - ubpra the side or rear yard line &butts upon an essemenc, the required set-ba--k shall be increased }j_ feet. � 3 •• All residential buildings shall face the frost yard lino which is defined as that portion of the low. w,hLch is parallel to the street upon uhica the 2fot nas its lras: cioonsion. Packet Pg. 226 9.A.1.e 91 .496 4 - All residential structures erected. or permitted to be erected upon any lot or tract shall be constructed with a concrete slab on footings or with hardwood floors on footings with air vents; both according to Federal Housing Authority Specifications as they now exist or my frost ties to time be revised. C - GULF AMERICAN LAND CORPORATION, its successors or assigns, hereby reserve the right and privilege to establish certain sows .and/or areas within the herein described property for the following permitted uses: . lI=I-FAKMY DISTRICT J COMMERCIAL DISTRICT SURbLMW -DISTRICT 1 - The son" and/or areas when designated by an instru- ment in vriting shall be subject to uses and restrictions as may, from tine to time, be set forth by GULF A ERICAN LAND CORPORATION and recorded with the Clerk of the Circuit Court, in and for Collier coanty. Florida. 2 - It is the intent of this reservation to allow sub- 8e4uant and more detailed restrictions to be applied is accordance with sound planning for the above and foregoing identified aDoes and/or areas which joy be hsreefter established by GW AMERICAN LAND CORPORATION. Ili YITUSS WKDJ F WMY AMERICAN LAIM CORPORATION has caused these presents to be. signed by its duly authorised corporate officers and lies caused the corporate seal to be affixed hereunto this the S' 1— day of �rI'A +►t�.�, 1961,' at i!; -%J2 ita _ . C > C'mo-i:y, Florida. iiitncsstd pin the Presonce Of: f � - l- GULF AW_aIC" LAbD C0;%MAI1W ... .�:..� ..24". Packet Pg. 227 9.A.1.e Y LO IV O O O N N O N J d Co N I* LO N Q 7 Y V R m U d U U ❑ d U w 3 c O ❑ c Y C 7 ❑ LO Lf') Iq O O O N N O N J IL IMI w a Packet Pg. 228 .e � (ya.7��j 1s17?t9 • f'.. i.7iZi1 ink: V�S I a c fir•• � unl>?A �� (Ifi h:' _ .vr�• :r{�S I 53 fiPURT ST RIGHT-OF-WAY T'AS1>0T.0 tit ; aiL3�T *j. CGLL.i:i+,L'li' 1:: ,ji�Ofl D► C. :.� ..,. i v18RT C4:.3r THIS EASEMNT made and entered into this —2— day of 1967, by and between GULF AMERICAN CORPORAMON, a Florida corporation, CENTRAL•SANK AND TRUST COMPANY, a Florida banIcinn corporation, as Trustee, under Land Trust No. 62/LT/10/42Z and under Land Trust �_• No. 63-LT-13-440, and A.I.C. FINANCIAL COil11OV?:1'ION, an a4A r&i&: corporation, as Beneficiary, under Land Trust No. 62/LT/10/426, hereinafter called PARTIES OF T,& FIRST PART„ and ALL FUTURE OWNERS of land in the hereinafter described properly. _ W I T N E S S E T H. THAT PARTIES OF THE FIRST PART, hereby reserve a Right -of -Way Easement for roads, drainage and utilities, over, through, across and along the following described real property, situate, lying and being in COLLIER COUNTY, FLOPIDA, and more pae icvlr.rly described as: -----------A 30 foot perimc;:er easemen' on each tract, and a 60 foot easement bisecting catch tract as more fully shows, by dotted lines cm Exhibit 1 through 4, which is appended hereto and incorporated herein by virtue of this reference; said perimeter easement shall be limited to two sides of said tracts as shown by said dotted line and shall exclude all - platted roads. -------------------- The above and foregoing easement shall be subject to the following conditions: 1 - A subsequent deed from any or all of the PARTIES OF THE FIRST'''. PART to any entity of any tract shall not constitute a merger of the fee 17 and any easement reserved by this instrument. 2 - Any easement may be vacated b- any tract or tracts owt.er; provided, that said tract or trar.. ow -�r s�:elll obtain the permission of the adjoining and contiguous tral t . ner.i .r-.• 1 access easement around the perimeter of tha .cio ..,:.tec -- ict a.-K,is intact. " Said vacati.:m shall;,e in writing and shall be signed by all of the adjacent ine contiguous tract owners and recorded on the Public Records of Collier County, Florida, wits tl;-z Clerk of the Circ,:'t Court. If a tract is sepaxated from another tract by a ro&d platted S T A"1 E ur FLL0RIDA .. - DOCUN,EN_TAnv _TAMP TAY rn FUCE4t7I'1r'ZS4 _ F 0 3 0! Packet Pg. 229 ut 244 na 949 through the Board of County Commisuioners of Collier County, then said tract shall not be _cnsidered adjacent and contiguous wit;, the tract or tracts being vacated. IN WITNESS MIEREOF, PARTIES OF TiX :FIRST PART 'lave caused these presents to be signed by their duly aul:hoarized corporate officers and have caused their corporate seals to be affixed hereunto on this the day of +� =+►1 1967. GULF AMERICAN COM1iATION ATTEST: Witnessed in The Presence CENTRAL BANK AND TRUST CODIPAM!' ,' Of:i' MIAMI, FLORIDA, A RUSTLE By Pursuant to the provision f a.lieed or deeds in Trust, duly re orded and delivez.d to said company in pursLance of a Trust Agreement dated December 21,, 1962, and known as Trust Number 52AT/10/426, and a Trust Agreement dated October 25, 1963, and known as TrasY blumber 63-1-T-13-440,4,4n,� A.Y.C. FINANCIAL CORPORATION > As, Beneficiaixj�y, I], -Jeer a Trust � lip r.lent dated December 21, 1962, and known as Trust Number 62/1,T/10/426. ATTEST: STATE OF FLORIDA COUNTY OF 12ADE I HEREBY CERTIFY that on this cLay personally appeared before me, -2- Packet Pg. 230 +t r 244 Pit= 950 Fin !off#er�duly authoriztMt//}Q%alJdm�i�n/Lst r oaths an,' tai.�__g0i--iowleedgments, !`� �•1L:. and 'w :lT..�i� -w ..�..n-9 - �..�ti'r�._I •L:YOM.'L,..T� and respe ctiviii of GULF ANDRICEu' CORPORATION, a Florida core ration, to me well known to be the persons described in and who executed the foregoing iystrument, and acknowledged before me that they executed the same rree._y aTtd voluntarily for -the purpose therein expressed as such officers duly al,zhorized, affixed the corporate Beal, and same is the act and deed of s,id Corporation. WITNESS my hand and seal on this the �Q rk day ofA.D. 1967. l.ctary Public AITART 09igt, STATE OF KOEgA Mi,LM�iE D F1Y COMMIS. OH E%PI: ZS Apo' T •'Mrbb t��NV6 VO4 � 04t{:II MO�r,�r , STATE OF FLORIDA COUNTY OF DADE 12EFORE ME, the undersigned authority, a person duly authorized t. administer oaths and take acknowledgmients, personally appeared as Trust Officer of the CENTRAL BANK AND TRUST C-MPANY, MiAku , YLORIDA, as T:RUSTGE,, a Florida Banking Cnrporation organized under the laws of the State of Florida and duly authorized to execute isasts within the State of Florida, under the provisions of a deed or deeds in Trust, iffuly recorded and delivered to said company in pursuance of a Trust ,agreement dated December 21, 1962, and known as Trust Number 62/LT/IQ/426, and a Trust Agreement dated October 25, 1963, and known as Truest Number 63-LT-13-440, who acknowledged before me under oath that he exec^ted the foregoing inscrument for the uses and purposes herein expressed with full authority to do so. + WITNESS my hand and official seal in.th� State and County aforesaid on this the ! day oE.-�� , A.D. 1967. i S , Notary Public STATE OF ILLINOIS COUNTY OF COOK HEREBY CE.TiFY that this day personally red before me, an of iceriuly e.L."hori•ed to admin seer oaths and, cRno-vlo ents, and sec respec'tzvely; of A.T.C. FINANCIAL a . - CORPORATION, an �rb�rparation, as Beneficiary, under a Trust Agreement dated December 21, 1962, anal kilgiii as Trust Number 62/LT/10/426, and acknowledged before me that they executed the same freely and voluntarily for the purpose thereia expressed as such officers duly authorized, affixed the corporate seal.,, and same is the act and deed of said Corporation. WITNESS my hand al.d seal an this-0e,0L± day of , A.D. 19L7. fall, j Notary Public � .f -2- Packet Pg. 231 ............ - -- #�sl••�r:a:3:FG.Fri..�IM'.(a'd(.r.:I..wNi+le.�:.d .. _.d.,i�.. Allocation Map for Unit No. 19 GOLDEN . division of i GULF AMERICAN LAND CORPORATION iaao nku:yne sek++evakd a Wi 1, traraa aara/ ■PI!■!��».. _:T-FZ=F 1,L JL.JL _ J - i r -�li r -7 f - - ! I II II IIr;4 _i _- --- -- - — - -- ' If L _ �_ JL _ 9i3 s�__-°°�� 9S _:�4v: r::7I-T� I• II •ter? -2�,�� _ _�" ;3_'..3l I��m?�'r��-_-�� 1!�'11� I ! ICI iil 7: ?rl II. I i � 1 L. _.....__L.-_ __J' __J.L-.-- _I!i__-.:- -. _llf..__ _ _ "' _ _JL__.. --3-1...... ..l i_..._;• `I II rs-. "�x.�rz, -_I: '.J � r> _'ra' g�_- _a rv_s 1 i;,l •..., .... ; ....._... �'`�II 1 L �...__�, _li__ W1L .1:L.__ I JL_-- II ' '�s:z_ E a I Le5_ JdJr_J+, '�-._ic- `e_� L25`. �.y�- i i_j L--- I� �! Ili �4 f�i I' rjl 4II fb'7 i ad a0 II' ba 6S rB, :_ Ijjl DH °" €I Ile I I i ! � I,I i I Ij'1 ...�� I • i I S7i {r Unit No. 19, Golder: Gate Estates, acowding to chat map or plat recorded in Plat Boon 7, pages 77-78, of the Public Recorc:; of Collier Cowsty, Florida. Exhibit I. [xl to"�o r�vS• i[gIS[vr q[pe:ir0 rww, N x.. I a 9.111 - �rk \^[ l.�serrp IOIDI RVC.ewv vile ei pwl[.o vS pK5 uaao Kelss w.eS wrcww l• wxeape t1611 +0 ni(„ew.r rq r ®ar I CMrO I Packet Pg. 232 952 Allocation Map for Unit No. 20 GOLDEN G"ATE EtSTATES GULF AMERICAN CORPORATION 780 eiMyrtf 10.10164 • WWRI, /f fldR Mail Unit No. 20, Golden Gate Estates, accord=ng to that map cr p]at recorded in Plat Book 7, pages 79-80, of the Public Recoret3 of Colli-•r County, Florida. „,,,,.„..."—.,'.n Exhibit 2. Ail , 1,N ci —G .WMW IM. •l.[! � IX. rx-le, Al -1 a(+—., " 4 No "elm l*'m w-1 ,qr,•.p CL6 ,O rYAMar •gar.G, PROW Packet Pg. 233 pawl _,- ..r.c-�=---_.r..�.... ...wv.�.� iw-....i....w�+rr.e•h.Wwr11k.V.�a ii`.'✓`afArj�9.gr J Allocation Map for Chit No. 26x41-44 wu 953 G0LIDEM GATT. ESTATES • dMelon of; GULF AKFRICAN EAK CORPORATION ?"* s4cspe 0mle.0n4 • Wif i. hl'.68 33139 A .5 8A H 0 E ! 13AA a I I ! i I ! ! ! I ! 1 adQ ! I I � L__I__�IL___-�I! _ I `.�i_' i,4 i r��•�+---� L,J,L&:.l�!r`frr9S� i 1 rT4—;�'�-�&_I��-2L'�:�l'r8•.�:y43..}i�_�"z1 r �t --•-_J!L_ II _�.L_.---•�-�L=._._�.�_._� � i *l I' II, ICI I rIl I III --STI---.--JIi__JL_ L�z�I��1 L L 1� �. = I `' �el�.. __ J L--L _..L__-_��L. 1 IIr � I fUlr f II rl.� I I i t r-- E I r 1 — !!I J° _ ylf':S�' ��I i1.,R.Sa�sj', r dl L. -'-_J _—• =—�—r ill I Iji 11 J L �� • � I I,I I I t 1�1 i�i I s I III I! , =�A- I frf17 i r1A8 � s r l�fa t — E �! I{I I i s I =.J, III I I; ' I-i Lr� h I r I I lil-'r... 11 i i I III Ir I! i i4l I III I I -- JJSIS ' I r� Unit No. 26, Golden Gate Sutates, according 'to that map or p°-at recorded in Plat Book 7, pages 15-16, of the Public Records of Co'.lie: CaunCY, Florida. •II i�,pi'E.i>"iq ErJ.n��xlnliWuilxlvll i1 01 Ei.]EIGi,NUi9]r Exhibit 3. .w+ar ..�..e.. PROOF .....raw Packet Pg. 234 I 9.A.1.e I ='t` 24 `:r` 0544 Allocation Map for Unit 'No.27 A fifib�,, ++��rr GoLla�+c GAFrE EmrATES • dlrislen o1: GULF ANlERICAN LAND CORPOiRHION Pao Bi6Cunb BwI"a1C • 4"OL "Ni" Ulu I I I 1 1 I i I J I 11 I i i i i ...,.. ... I A ! 4 4AI I 134 3 I' Ifi 1 I t t iin .� � .R3�1 i li 1 I . �JC� �.. �I�JViI�:f•� _'1i C•C- � i J L, • L..� L- ..r L�J L_-L _J L__JIL..,_�_J L_ r 11 i>i �v": `��'_. _—i :Sfe".=�I+Lr•I.:.IJi� L 1 I f - s4`-m� � j 1f,IJ JL__ti_J L____r I:L_JL_!L____J:L_ L-_�_«JIB_�-.J L- _ iiSSrti �Lr•3.^.Z� f-� IL t"�I�Li.�.-i[r_�..'.w:vyll-+F I , I --�• ! -=.� _,•""'�, _,fi----, !I r J r I r -•�xr!i .'L�IL SSy.r �:-?�t�L Z04 i J L J IL_a_-JIL_J__JII.... __j � „ 7S�i�3_� � �i"' I-'I�1:�_ �pS • I ;!NYC •1! �FK :I I:' �� lip i I i-�� I _�� .LCti! ,nl _ Si"_i�',"""7-�'�^��"'°l r��'.�F7 �r�=�•ttilL L_ L._J L_..__J',L __�__J L__�_J I»�_.__J:L ____J i__ _ ___1 L ___• '', L*r�iLtCt+L7i'`t ��•i l == 1 I f'-_"!•��'l lc'�'�'•� ��i� ��I�t7�� LJr5.17biEl ire RK.a1dw .n onleut R.tarW leak � R COLLIER COYMTT. iL.ORiDA MAR6ARRT T. �CP7T Cf.& of 6 rWk rtpYR ' AAA 1 AA A bne• r86 Unit No.;27, Golden Gat Estates, accor#ng to that map or;plat recorded in Plat Book 7, pages 17-1e,pof the PLyhlicRecords�f Co.11jer County, Florida. aH MS lali::w. N.O1 .10 Y.i MH It N Dlvilwf4 N N.C6 Exh:hit 4. Packet Pg. 235 9.A.1.e 0802456 MPAR 24 PN 2: 15 0G 1013 000231 LLIER COUNTY RECORDED OR BOOK 'PAGE RELEASE OF RIGHT-OF-WAY EASEMENT `H-)F-S RELEASE OF RIGHT-OF-WAY EASEMENT made and entered h �jAito�xthi �� day of )ItgAclk1 , 1983, by AVATAR PROF EES..INC „ f/k/a GAC Properties Inc., f/k/n Gulf American Carration,. a Florida corporation, hereinafter referred to as �WITNESSETH: WHERE,„Avatar reserved a right-of-way easement for roads, drainage and utilities, by Easements dated July 13, 1967 and August 7, 1967,''aftd recorded in O.R. Book 245, at Page 515 and O.R. Book 244,,,..aage 948, respectively, of the Public Records of Corr er C' nty, Florida; and WHEREAS, the ght of -way easements concerned a 60-foot easement bisectintthe Gold`ep Gate Estates tracts legally described on the abovb' renced Easements, and the Exhibits attached thereto and W refer nce made a part thereof; and WHEREAS, Avatar is,d�S'iroui of releasing its rights, if any, to the 60-foot easement Bisecting the various Golden Gate Estate tracts. NOW, THEREFORE, Avatarreb} releases the 60-foot bisecting easement described bn E!4btgof-way Easements recorded in O.R. Book 245, at Page 515 O.R *Book 244, at Page 948, Public Records of Collier County, ,in,da. IN WITNESS WHEREOF, Avatar las ex t d this Release at Coral Gables, Florida, the day and,,,,, "r frs above -written. Signed, Sealed and Delivered in the Presence of: AVATAR 'PROPERTIES INC. . b.CbRPORATE SEAL) r/c.G' Z(i C lr G� rl QtcJ �•�i �e BY J Sed or Vi', _ E`e,s�ident oE' .�� • ATTEST Secret; d STATE OF FLORIDA: "" y th COUNTY OF DAD E : �T(1 I HEREBY CERTIFY that, on this day personally appeared -before me, an officer duly authorized to take acknowledg lW-DENNIS J. GETMAN and JUANITA 1. RIVERA, as Senior Vice �} President and Secretary, respectively, of Avatar Properties Inc., to me well-known to be the persons described in and_Wha executed the foregoing instrument, and acknowledged before me that they executed the same freely and voluntarily on behalf df � ('� the corporation for the purpose therein expressed, as such 6llofficers duly authorized, and that they affixed the corporate seal, and same is the act and deed of said corporation.; WITNESS my hand and seal this day of Ck . V 1983. r t 7. My ar 61ayE t.0 „.,;. i" :. a c5:;,' r ii w�S NOTARY P IC STATE OF LO: J_J inx•� N , •� . ui i FLORIDA LARGE THIS INSTRUMENT PREPARED BY: DENNIS I GETMAN, MUIRE 14th FLOOR, 201 ALHAMBRA CIRCLO CORAL GABLES, FLORIDA33134 ' `W . ..;.r [bcva CuuA C 0 to Iq LO O O O CV CV O CV J a 00 CV Iq LID CV IlC V m a U 0 a U N i O 0 Y i Ln O O O CV CV O CV J a Q d t U M Q Packet Pg. 236 9.A.1.e 0 0 8 6 5 k 0 1 Ise APR -5 PH 12: 13 SOLLIEii COUNTY RECOMLUTION 84-_ZQ_ CONFIRMING THE NAME OF NEFF'S WAY LOCATED IN UNIT 26, GOLDEN CATE ESTATES. O O -. WHEREAS. the Board of County Commissioners is authorized pursuant :7 n f' W to authority in Chapter 336.05, Florida Statutes, to name or rename O treetsaand roads, except State Roads; and, the Board of County Commissioners has been requested to confirm Felfe`- ing of Neff's Way, the entry street to the Golden Gate Veterans of Foreign Wars Post #7721. This street intersects White Boulevard and r�uus orth and south for about five hundred feet (500') along the easte boundary line of Tract 108, Unit 26 Golden Gate Estates y line of Tracts 109 and 11D, Unit 26, Golden Gate and the weste boundar Estates; and, � WHEREAS, the streeam t ne Neff's Way, is in commemoration of the 3 Post's benefactor, Job : .Neff;'-' r.. WHEREAS, there appear�� to rid street presently recorded with this �,.:. name or a similar name; an 'r identification purposes WHEREAS, it is desirableto confirm the name of this street as: Nef f' s-,Wa NOW, THEREFORE BE 1T RESOLVED by h� Baaf County Commissioners, Collier County, Florida that said street name sreby confirmed; BE IT FURTHER RESOLVED that this Resa on bA., recorded in the a01' public records of Collier County, Florida and nRted uon';the maps of 1. - % the street and zoning atlases of Collier County i 0 This Resolution passes after mn otio, second,and rol call vote as follows: �. vCommissioner Voss Motioned and aye? l.j a Commissioner Holland Seconded and aye s Commissioner Pistor Aye commissioner Kruse Absent and not voting � Commissioner Brown Aye DATED: April 3, 1994 ATTEST :: r WILLI ,^A C1AN, CI$i Approved_- as o form and j,�g .. fficiency: Burt L. Saunders r 11' r county Attorrey � O G7 O M O BOARD OF COUNTY COMMISSIONERS Vim„ COLLIER COUNTY, FLORIDA "F BY:`J DAVID C. BROWN, Chairman C Y C O O O N N O N J (L CD N I* u) N Q 0 c.i m W 'I Packet Pg. 237 00872384 1984 MAY II ANTI:22 OC 1 082 COLLIER COUNTY RECORDED OR BOOK RELEASE OF RIGHT-OF-WAY EASEMENT 0 0 0 1 9•A•l.e PAGE THIS RELEASE OF RIGHT -OF- Y EASEMENT made and entered into this gpjkday of , 1984, by AVATAR PROPERTIES INC., f/k/a GACWProperties Inc., f/k/a Gulf American Corporation, a Florida corporation, hereinafter referred to as "Avatar". WITNESSETH: HFREAS, Avatar reserved a right-of-way easement for tads, rainage and utilities, by Easements dated April 8, 1965, reco ed°ip O.R. Book 189, at Page 109; April 8, 1965, recorded in'fl:R e,Bo&k 189, at Page 129; and August 7, 1967, recorded in O.R..Bok.,2�-14, at Page 948, of the Public Records of Collier County; �`ly"r lda; and WHEREAS4�'�he right-of-way easements concerned 60-foot bisecting,nd 30 foot -perimeter easements on the Golden Gate Estates tracts legally described on the above -referenced Easements, and`theE.xhibits attached thereto and by reference made a part �thefe and WHEREAS, Atar.;.is desirous of releasing any and all rights that it has; r.mAy have, to the 60-foot bisecting and 30-foot perimeter'e seme6ts, except for 7 1/2 feet of the perimeter easement,'"desdribed on Right -of -Way Easements recorded in O.R. Bookklg9y,.'fit Page 109; O.R. Book 189, at Page 129; and O.R. Book 244 e-,"at'Page 948 of the Public Records of Collier County, Florida"',,, ., THEREFORE, Avatar do that it has, or may have, 30-foot perimeter easemen feet of the perimeter eas IN WITNESS WHEREOF, Avata Coral Gables, Florida, the day Signed, Sealed and Delivered in the Presence of: release any and all rights said 60-foot bisecting and Avatar will retain 7 1/2 uted this Release at ' first above-wr it ten AVATAR PROPERTIES ii1G'^� � ,-�''•t (CORPORATE. 'sE, BYE Senior- Vice siderft A ATTEST:, Secret STATE OF FLORIDA: COUNTY OF DADE I HEREBY CERTIFY that, on this day personally,`ap aced before me, an officer duly authorized to take ackno edgxle,ts, DENNIS J. GETMAN and JUANITA I. RIVERA, as Senior Vic. President and Secretary, respectively, of Avatar Propert' Inc., to me well-known to be the persons described in and wh executed the foregoing instrument, and acknowledged before.,,ma, that they executed the same freely and voluntarily on behalf of `. the corporation for the purpose therein expressed,. as such - officers duly authorized, and that they affixed the corpora,e.`•°;rr•.i seal, and same is the act and deed of said corporation.,,..., WITNESS my hand and seal this 30 day of 1984.tq My commission expires: i Ths in-'rement prepared by: DEV115 J. GETMAN, Esquire 14th Flmr, 201 Alhambra Circle Coral Gables, Florida 33134 NOTARY PUBLIC'.STA E .tTti� n� FLORIDA AT LARGE.; ate. E RX 1`IOTARy PUBLIC STATE OF FLORIDA AT'L'IJI+G6, .,d iLd1 MY cort mssroiq FxF17is lurk 17 19B5 N,p� S a _ ?C+ML6 Ir�U 1,c1.�,..� u.�. u•J:��rRITERS � . 1 1, i Packet Pg. 238 U 1 390683 M90JM is FWp: It 00 1 537 000603 COLLIER COUNTY RECORDED OR BOOK PAGE rREC �ov DOC INT AGREEMENT FOR NON-EXCLUSIVE USE OF ROAD IND THIS AGREEMENT made this " day of June, 1990, between a Michael Hoy, Trustee, here nafter called "Hoye and Thomas P. Petrozzi and Lisa L. Petrozzi, husband and wife, hereinafter a called "Petrozzi", U WITNESSETH, that Whereas Hoy is the owner of Tract 110, M Golden Gate Estates, Unit 26, according to the map or plat y thereof recorded in Plat Book 7, Page 15, Public Records of Collier County, Florida, less the southerly 75 feet thereof, m and L Wher ,.,Petrozzi is the owner of the East 180 feet of Tract m 10r3:3tldein Gate Estates, Unit 26, according to the map or o U plat,ereof recorded in Plat Book 7, Page 15, Public Records t of Co*'C unty, Florida, and y c Whereas e;`said Tract 108 adjoins Tract 110 on the West, po and there s''asphalt paving upon approximately 24 feet of the c Westerly 30, eet of Tract 110 which extends at least from the northerly line of Tract 110 southwardly to its intersection with Pine Ridge Road (formerly White Blvd.), and 0 Whereas, Petrozzi needs an access from Pine Ridge Road to residential building,.cr buildings to be located on Tract 108, LO and whereas Tract 11 Ol anticipated to be an activity node o0 as described in thetcol-I er County Comprehensive Land Use o Plan for Golden Gate,4Florida, and Hoy intends to apply for N a change of zoning for . tract to a commercial use o district, and the said will be used as a means of ingress and egress to thy, -anticipated commercial use, but 0- whereas the Development t d"ic`s Department of Collier County 00 has indicated that if the H Y'act is zoned for such use, the nearest building locati�to the Petrozzi lot line would Nt ,n be fifty (50) feet, and,, Whereas, the parties intend th Pet3�ozzi make a non- Y exclusive use of the described`` o�dwalpfor access to the land U of Petrozzi, as long as it does fiot,Ant rfere with the use m m and anticipated use by Hoy of the la df Hoy, and approvals `a,y. for such anticipated use. 0- NOW, THEREFORE, for mutual consider4t``6Ad'`the receipt of which are acknowledged, the parties a4"We 1. Hoy hereby quitclaims unto Petrozzi a, 'n-exclusive right to use the roadway located upon the westerly T6-feet of Tract 110, Golden Gate Estates, Unit 26, aforesaid,'.as;,a means of ingress and egress to Tract 108, Golden Gate 'Eatates, Unit 26, aforesaid, subject to a reasonable pro-ratab-share of any costs and obligations for the maintenance of sairoadway, and . 2. Petrozzi agrees to cooperate with Hoy in orderAhtJ19y �� G may achieve a zoning of his tract for a commercial use= district, and not in any manner to resist a change of zoning Ln for such intended use, and further agrees to erect or permit," c to be erected a shield, curtain or buffer along the easterly c side of Tract 108, aforesaid, and to enter into any N N) reasonable agreement with Hoy or with Collier County or the c ,� � Collier County Development Services Department to the end CIA m that Hoy may achieve commercial use of his tract, provided, 0- 1v1 however, that any such shield, curtain or buffer or any such Q 3 agreement does not involve any erection upon or other change v in more than the easterly 30 feet of said Tract 108. It is Q N anticipated by this agreement that if any such shield, \ st,c E � � s a� � a �� Packet Pg. 239 00 153.7 000604 OR BOOK PAGE N v (L curtain or buffer should be required it will be of natural (L material, such as natural vegetation. However, if a shield, curtain or buffer of artificial material, such as a wall, M should be requested or required, in that event Petrozzi, or successor, will have the choice of allowing the construction > of said wall at Hoyls expense, or of releasing and quit- :3 claiming to Hoy, or successor, any interest in said roadway, 0 and to construct a roadway for access to the Petrozzi tract upon,th tract owned by Petrozzi and described above. 2 6 Thf� agement shall be binding upon the parties and their succeg�=rs in title. IN WITNESS)WHEREOF, the parties hereto have hereunto set a 0 their hands/ndlseals the day and year first above written. Signed, Sealedand delivered in e- r_ % MichW Hoy,Trustee to Signed, Sealed and/d livered En CD in our reserzp: CD CD C4 C4 Th Mas, P,,,pet A�ozzi I CD C4 1 -7- isa L. Petrozzi 0 _j IL State of Florida 00Cm county of Collier) 1, Lo I HEREBY CERTIFY that on thig daybp qualified to take acknowledgmen�o,� pe as trustee and individually, and erg P. Petrozzi and Lisa L. Petrozzi, hug to me to be the persons described in. foregoing instrument and acknowledg4d executed the same. WITNESS my hand an—d official seal in aforesaid this J�L day of June, 199 fore me, an officer duly rsonally Michael W. Hoy, orally appeared Thomas ba,rd and wife, all known and,who executed the before me that they My Commission Expires: WANT PUBLIC STATE V FLORIDA NY COMMISSION EXP. OCT.27,1991 (SEAL) BONDED F11RU GENERAL INS. UND. This document prepared by Roger L. Wiedeback, 237,5-�� Trail N., Suite 206, Naples, Florida 33940--document preparation only from information supplied by theiz st&xte rti s itAt iL ... .. . . Packet Pg. 240 F. FM OCT 2' 97 16349 FR MM l SON Alm CD 44DY 941 649 0140 TO 642M3 P. 82,0W To M>EIOM IT MAY CONCIM : ?) 21 1,yt� be na tbo. of rscpr-1 of hereby give my e aaent vac; d f sr J fiA Ito I understand that thi recorded in the Publ 9.A.1.e *** 2247606 OR: 2363 PG: 1464 0001111 it 0111clu 000111 of COLLIII MINI, 1 0 11/14197 it 02:11M ME 1. IIOCI, CM � UC 111 6. IOU: 10111301 i calm loll MAKI ?1 1 1402 lA us 1L 34113 , do ssion to have the sixty (60)-toot bisecting .the abutZ inq ro rty, which is described as ft will be removed when this letter is Records of collier Ccunty, Florida. Z,.t r . A 71,aL I also un&rptand that 1. will be able to proceed vim V across this easemnt attsr-ebb construction of Improvements on or Facording of this letter. STATs yr couwff or knowle"�! The foregoing instrument was ac1997 by ,2day of �1111 1 a_Jr� amFs cwho is personal produced F 1,6 A s Who did/did not take an oath. **ion OOd1w.•i RECORD & RETURN TO: MORRISON & CONROY 3838 TAMIAMI TRAIL NORTH, STE 402 NAPLES, FL 34103 fore W this �— to no or ryas ification and C 6 &93oS" a L my comma= 0 CC IBM knot Tku NOV Pok uaftmfts t■ TOTFL kff—b02 rat Packet Pg. 241 9.A.1.e am .w 00 • Tag' Q merit this j:&Y of t"T. by "I h pulklL um. a Plod& Corpooft ad ubow &&dens IS13336 iioonvo d L ee, N006M FkwW% 34119. tnd b7 ti]A of ldaphs, a Fkahk Cwpora w sad arb=c addm-e b Zl C-Wdm Gem Ovd Eton WgIM Fbdda, 3413% sad b1 XDr AaeoastaLTD, iL Pkdda3lxftd Fm to, 1 % . and W`oee adders, m rlo A .E Btovkm. 119I5 S-Rf >t�dlbd.l F7adk 3319S, the mChvwW if omri patvdt of and ptc jwtj kmozd jm GOODLY. F addle. .,Mfg . d of Pm=b I.11 tad III (said Fuods bring 1avin dcmtoi)- flwn= dot to c w - anlppie comants by tbb Doderatian ova iad acnm a fiats® p xtiom afthe Wd Pamb Smr tSwir murroi Ike and I Il rod ft the uw ad bcm& of Ltauv owmt of 50d P*mk red to MUAM grata obftdio= as to canoe ad rqxLr rdsted to &aid a d is me !b*Ind*EMd mdom RAMM ALA PR11JMI Tiro pmd oafk ddmGu'bed ict •>xb-f it as ftmd I dbebod brio. • PABCSL M petal alLad d�rT6ai bt i�bla A albtrod IIelttrbed>aatQ. �. PIM- Iepaxad oflod do�tew in . it A =psmAmbwmftL RIMT-Mr-WAYEAtlEMS Tl- RIMM A RETURN M. LXWM ON R C DNROY AW TAMMAU THAW. NORTH SM 4M 11IAP1� FL341M A aom4 mclmain cmwm* ibr bWm m6 mere and trig aft" p zpeaaa am and a o do Sow& 1d iba ardw E= is hear EWWHLmw*b1ba1suldinaftlis swcepmmdzL Tkdo9ofvW *AN die imlaft a pause wq an mimed II =dftfmdw oai an 9a pal & >z &tad IR AM Ckno ► Road 931 b Pataai I and PINd ML ad a pmwpa vq Do Po d f Bttf vdim raadfar r..bnudbftftdwcmbowmPmid CD Lo v 0 0 0 N N O N J d Co N I* Lo Y m U D_ U U 0 a U O 0 Y C 7 CD 0 0 0 N N O N J IL IMI a Packet Pg. 242 9.A.1.e I sm biae RWw Raid to Pood a am ok .r" Pkw RWO valid aab ad —A my aril mg bo 2m 1m ZQ fat f !� WWbomdWafP=dIIand%ueal oMW Paced H it a P ft !o Vetdr iWa m du fi=di* AbwWWyboelmdn. Tre 4* of ag m mt " do bwdm& POMP WWaoPWodtl rorderredfar Ped ttedk dm dk =[b M = Perod ItoPerdlm I%pbrgRi4epwmsmmwm rwwd I am Me Ri4p lmy to Pmxd m slmffbe;wAdodwWolmofl'a wu ad dM wt be mm d w 30 to Am der Woes bot oft? efpow A for mmoarf at aW Pobt oma Pacd ML IJpmromPl� or oe io�pammm ampum 1, ft Pods" am d the dt$Mbtim orft 1 d me same■t � 1PfaeBl� Baud m?amel jQ ID]Cclft pEf=m=1y dm deb AWWS=*dm4bwd& 7be aootd+a�n afai! to the as Rd t W, acrid " be no hm gm 24 fret k wig, The owwr of paced M Ad 1me mil baeby in- Iadaoddml raWh*&A* az uraafthe l.�l'npW� CFO 01 byomoAnmddo p- -1 4 11onOfl kdwlO=AsdT4Fjw P doom P==k fc K itd M oar aced w m tM t cg pard= of acid � P muk do sma Is he afoozo u twat pavm and tl�oZtoeth IS 4et orEtieP.at !S RK afPmad IL 'rhe �aq eat: alto bcw& a poor war aaPaod II ibr vdeiadar aodrar padaaaf�n teak f om �e oa3 a� m >'� I[ aced III >baa Rood 95! to Paavd I,�^� mi a p� .�,y W Parod I dte �wdar md%tC podabiaa ts�c f:am ►be aotp out r Panod; fiM ibe XQp Rod o PWad 9 04 tQ +rldoh Pie Ri p Road aab al aced pates wW tW "be q=p d= 201)d iit w V0 WCm9 b*wderp d?Ktei It wd gtvv mom to pa vd U st a poa in AMU tbm 20 fm fim *e taA bamdM fma at puod IL TM pin MMV poulg9mW oa ploc 116PKvd Iff tug bepec U to the Wag orP&md IL O&wMK the kcm*= or barb 2 0 IL U L Cu 0 m 0 U N c 0 0 3 0 CD U) IV 0 0 0 N N 0 N J IL 00 N I* LO N Q 7 Y L) 0 m U d U U d U 3 c 0 c Y C 7 0 to v 0 0 0 N N O N J IL IMI w a Packet Pg. 243 9.A.1.e pxh pump wmyg &a iiQ[ w pand b die aMsdxd as Exbibk OW wd"be at da than 24 bft is wid& lbe Rol-ui=Way % Wrba vn& dw OUVMPM of mad wjw iraprarema aod:osmtmsoee u mi firth i4 tba DedaMAIM AM run in b v= aC ba bia ft up= and "benefit the &wm awmn of Pvc* L II and It thee lum "on and b Ltdwu in -Ras and ebd be an appa to mmm to tt Lee title to Farads 1. II sad III. NOR i ar odd obdrairfiam shah Cxia< alwg to Nak-OL Bray EASUM&A 10 obsv= the Saw of vcbcula or pedestrian trsiro,. The ow= ofm b Pvo:L at v a own a gxmge< dug have the d&to km2nimks awe Psrod fordmepwrponufli an or any pit of the Rj&-cf- Way Baseman. The Owom and ag future Ofl' = as vAdl m thdr lemsee, agmR and bum= hr tm of Porcds L II and III ad d pwwm dig bw mes wkh my oftbem shag have the d& to we dm Ri&-cf way Pasm cmum with the awae% ksex, arts and mvftm of iba odwParodi Provided th9 the owner OIPwcd M may, A his Bola disaedaa, prvbgait i W= and c&mn to tbc. mmmmt an the propmty be bdvmm Pawdi III ad Paired Z, at my time *cm tm to th CW mm ofPwoda I sad II ado wave, cr dmU cum to be bVwvcd, the P Way Eaaa�Gnt so sa to peas it VOCON MAC am and sa min acid ftm Pin Rifle load %tkh &4ahzP&weir i endU cm ti> Sw& The oast ofrAft axmmcdm and boomm area road War atr&m emPM akin t60 SWt-cf•Way IImemM as Pared II mad. Puvd M Iwt be buMby the Pamd II oWOx Tlds Ad biO ttlo CdCadcd ar CCU bM from C.R. !Si lbrwbkb to p+eoed II amm bas rmtitvd a am* 0'SiQ,0MM. IU neat drumh commmuc6m and imKd adaa dtd raid vay midho l M p vMin ft Rigb d-Way Zmmmn vs Pa Ea by the Pamad t owm z7dw Ow m dpwad m obfisaw WOW IQY&Otlmr rt P ie Gown iCIO CI c ding dmm; the Owm of Pared M is odag web Zia met ee wararr16oaaed r f the wt oa P'me RsdgcB�dad, vrt v bativctsad na mcrmdm ZO l6et d4m *m Wastao baoada:y cn%v a d $ AA be borav *W* by rbe a waas of acid Parr 3 I mdPeroetIL er, somept es dam de n%4 6c ooat offleapuearade amid mplir infra Rsgbt• &Waw cam$ ugfim apt be la= by ft Pmoa u mar upm vw! un prima td Cxuamt 8os to kme ass flat Pared omuer t4 wims the e.amras, raw rLm d owsw is fat U ft film mC Pav mbg td a *A POW Ex aQch modn 05 =h%c=nco.L la tine evcm Om Ow r4 be rb-I a aabd/sr W byowmr, d m=dim that c"x. eadt wAdvUcd pytk a uf%Pwvd"be raspmdbk Ozbe a= ofinears+a=ooe wad repair. Such mdv�oe sad � sbdl td dot be luk ed tg. tQ, repa imcb pPpitsg. ifao* wrmoe dndoWsumumstreet $glliiag faamvs, �aoq'. +ud tl�ir O iC9 a� c.a ro G's a CAN 0 IL U L Cu M0 W L 0 U N c 0 0 3 CD U) v 0 0 0 N N O N J d 00 N I* LO N Q 7 Y V R m U d U U IL U c 0 0 c Y c 0 v 0 0 0 N N 0 N J IL IMI a r c 0 E r w a Packet Pg. 244 9.A.1.e pb 111uainstic es far tbA owners of Parcel 13 II. The Owers of Parcel III ebsil oa y be responsible for their share of the repair and saiatenance Mg right of +.ate ` * arn�aaaereae s� be � $ea e,renZ: m*mr¢ as a. v"* gfft me %=cadlpaadamurcrUff qpr4 dLmadd bfar sva4 The r=p=sAleQwaa " bojonobIW]svaftbyWOmerbwkafftoduwpuW awnwa sac dLaRbewdo a n oW at Toff tapor ar a daftaaom AdAMWANSM as Ta des ao %ft d=MbAWeoe OW43C ttpk emd ds ra WM*kof emofm am dobe =&by a UNJwity Grow Pw Qw�:, albar mdetigg and >� sa Psmod wMEM svvror sayr Parod awaar 5ui: to pq ib pataI dbtTm of de of mWor repair de mb d burda (a dw twA cot otaqmk or uaWmms= in dw vgat of fined bpspamdomwrl. n d*W M dsye ofdarsaad by ft aher Peead awe w aft cast mybe. vxk pmn to dom weed (air tlm utd coat, ea tbtseas wqbd *Mbw 1-0 1 1 tum the dne cfd=md em the same afietaait !Qg/fe k bykw- Agy owaet� wW bigg as sW m m law spiW the 44ohiag pared aver w Pg the dc&q=IA poms alma ammomt (calm Wtv cost, age can my be) ar fiat bvmft jot to reousd erd toTodorn a its oeia�c alYad:Y�rCd Ia#sjr er�aN o� pto�ass dm a —iQ OC/ti or; And flea ddm Croom Ed 6D b, mcb wim ad is tic ~ a � r � ete� i�ed0 vntiie pwemh e�Ca�aerlaes ere i =f s mi l m Pilo eft�eysr f a so balmd bytes ooest WWAC Cast adft man � areas oflaerods i sad ZI ewe fat dim rn�tbme as aseTai eTstiaiatt �► adem4talemi ioaemd onPatod u k owed i mft% dosiadawftwae for mks** at radTa �� ml�wireertorlemrrticeaaedwidi�laradY eaN�eidnslreise♦aps� a+ermpbi�aq ead IM pu dwbento hsbW Was SK&Sft sre3�ase em emNbsieOaa be�d�aal5u�+eLIIbe�,dtedTebronO at'ad� as lepi(ao'6ufiew amend lm d"M kpww III I Ia o M"Am o artae3mQ�eoii�eG }mowfed�veeeaQ ie w¢e! ens Tae ebaodmed ar dreaodtprspd tl�r a atroose tbm amaT:esase dW A d bicad► epct, t6s rw d d ii= dwN b mX ead voU and crvo eabcr. Zi�►e#�u red4TaeaaaAT 6aoda gpes�d, tie taradadder cad ab�dicss � 1 and des beads amtdld ftl be so mmtath roepI mia, . c ryee s r wpm a U L Cu M0 W a� 0 U U) c 0 0 c c 3 0 CD U) v 0 0 0 N N O N J d 00 N I* LO a L) 0 m U d U U d U 0 a c Y c 0 v 0 0 0 N N O N J a IMI Q r c 0 E r w a Packet Pg. 245 9.A.1.e lta 8 wi& Pxods %nd fill bus'e to she benerh of and be bia6m upon. ft O wun ad A Ran* Qwary of to Pumk their ram;w= iC btm h x! !'E PVC, wjcwwvs u mcluti+g but wirhoLd Smimkm A a*mBqueat gr'antm mad:tt persms sing timder i6em 'I>p-, b'!! ch of am of the wvmz is mw ittewfi ZlS cEK;tmksd in thus Dwiwakm od the of any mxh breads nay be dbmzd or r=vdW by apprupc--ae lcSd ar oqukm"p- pr=&i4p Any judo reodsrad in M actMon or paawadYstgs perm= hereto thdl 6ckdc a r:� 6ar ettartre�r� f� is � � n tfae court alsy der�a tasAanabte, i� faYar 4� the prrw7� pamy, =d roust costs. TW saudk s berein prcvWod for breech ofthee wvmaui¢ caox4jnW is this m "be darned av=Wdrv; and nom of mch remodees dal be mod =iuri m JU ftae af'any AVp&mbk petty to eafxr-c Emy of the cavern.= caseainW in the Dcdxmdm shs[t ant O=SdbsiB a wahw of th s debt to a fo= t * U= C waafter_ Tblm DaImMm 9d any pra mum h=4 mq swt be 0=34 wtfvd. &KbaWA, or kmaimt ed. em" by ® koavm= in wrong aimed by ft &e dmoe thk owmw atas Pine {ar by ORY g[t'perty ova =Qdgim MAhlis cd &r t PuOd. or by a 09asioty aC*Wnm OfmAxIvidkA wig a P W=PA wlich h=UU cart M= be ramorded in. 00 Ptffw RCCcn* of CMMYI T2w prw&s ofibis Dodaradoa "be gavawd� wrAnied w d as*wcW m camdam m C7% litho1 4itiws Spree d!' Ada Any mb&zqwMmmdmm or moMcw�= of db faodmW= t`' sespiiro wriCree sppeovai artis4 jaisrdsr by aQ ol; the g5e title ot+mers to E II tad AI. Aay and all not4aea reed wmWft D "be in wrfi4g card tm be ddhwt d to s Fmt!►t�g the wdme'� dseid ]�rd snvsaor ss:� ab� spear on the dead. afooarcya�aa tia ared .—.• Pwc d ss:eaarded in *4 pt& rown a of Calker County. r'k ddL, or rasa Cdw add n m as s Pacd awmY" airdwwwfttOvmQdswpmdQwwm im win4m Wmupp, the Owws hsrfa meaft dtis of Emmwft and $ � 7 ��/�- ..ram TJ • y i �{. �f IV rvW4 sOt-, S CD LO v 0 0 0 N N O N J tL CO N I* LO N a 3 Y 00 U tL U U D tl U w 3 c O 0 c Y c 0 CD LO v 0 0 0 N N O N J IL IMI C d E t r a Packet Pg. 246 9.A.1.e 1 7 I 1 I- IY ram: Paideat CUR OF NAFI.ES, MC., a I'kd& c=pcx BY 1 DJ & ASSOCIATES BY A.E. Brooks Its: STATE OF FLORNA COI I nR COUNTY lbeforcipingkobumerA was ac]ranwledged before me this 7 dry of November. 1997, by Pnsilpnt of GJR of Naples, Inc., a Florida C.orporatim paao "-y kamn to me epw*94 pus G Date AON yaGwwwwrav+s� +:L Vilimim-Im - - 0 f-a v+ Packet Pg. 247 9.A.1.e 4 951 1m., AFb"Owpomd" TAM IOP FLU codwrX orcmLm hmolL mm om Ple-l', - af9s1 Pollro INC, opwihCorpo� e— Ltd �g pod"oad ao�irod d t kr IIMM .;f(A i I Packet Pg. 248 9.A.1.e David P. HOPSt2tAr .................. 5 M&ASSOCI&IM A Flcd& tray! j%wb" Aip Lar E. Brooks bs: 60-4 L do*...ryq— �01 1RS �/!�� Z.. � ��s lam■ by Lyerr� B. Bro*s dl�T Ik A�oa� t l�yd A�yB>r1�, it IL (ED :SMIM �syr��rBsJ•Ily�lli�1 p • • V%V 44b of 94b 29 • 0 V CD U) IV 0 0 0 N N O N J d 00 N I* LO N Q 7 Y V R m U a U U d U w 3 c O c Y C 7 Lf') O O O N N O N J IL IMI a Packet Pg. 249 9.A.1.e EZa111.'1'!X Lqwnmatdm JO pwad k Tma 110, CAMN CWs F.st M Uik T%. 26. mmm ft to do PW tlUgK a noosed inPMDR* 7, tees lS ad 14 PW61bPAm oe& efCaffw cow F1odk tw�r�.ly2z�%�.d��►7s� POW n: ThmFAdodyZl5fiWVfTradllO=qftl j lk Suo&wV 7s !oq finds GIMENNOLM Nb. 26, WeDiftto to pia l6od in seoviad io!!W Boat 7, PMw 15 and 16, PAU11 mm& G(Cdla CoMy. Faith POW U. 'hem 1-9of4ddTmd us. UdCAMEO" Uea)la. W6 to re fiat &oaf neMM in Fla Hoot 7. pqp 1S and 16, PAft road. ofCoNw Cimm". HOW gap cft 21 .. ZE Packet Pg. 250 uiMuna - 9VSV000ZZOZ-ld : 8Zti5Z) dnMae8 adaa anda s;nuoa uiMuna gtiSVOOOZZOZ-id - a 44V :;uawLloe;;d LO N ai A lame a V �a IL Z t * * %o srs - 4m INSTR 4887929 OR 4963 PG 2748 E-RECORDED 9/10/2013 12:10 PM PAGES 10 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $86.50 INDX $1.00 9.A.1.e IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No.: 13-CA-1238 vs. Parcel Nos.: 102FEE, 102TCE, 103FEE, 103TCE, 150FEE, 150SE, 150TCE LDJ ASSOCIATES, LTD., ET AL., Respondents. STIPULATED ORDER OF TAKING THIS CAUSE coming on to be heard by this Court upon joint motion of Petitioner, COLLIER COUNTY, FLORIDA, a political subdivision of the state of Florida, through its undersigned counsel, together with Respondents, LDJ ASSOCIATES, LTD.; LARRY E. BROOKS REVOCABLE TRUST; LARRY E. BROOKS and MARIA R. BROOKS, and it appearing that proper notice was given to all persons having or claiming any equity, lien, title or other interest in or to the real property described as Parcels 102FEE, 102TCE, 103FEE, 103TCE, 150FEE, 150SE AND 150TCE in the Petition in Eminent Domain, and the Court being fully advised in the premises, it is therefore hereof. ORDERED AND ADJUDGED that: 1. This Court has jurisdiction of this cause, the parties hereto and the subject matter 2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated authority. 3. The property is being acquired for a public purpose. 4. The taking of this property is reasonably necessary to serve the public purpose for which the property is being acquired. FILED IN OPEN COURT SIC() 60 2013 Packet Pg. 252 OR 4963 PG 2749 9.A.1.e 5. The Amended Declaration of Taking and Estimate of Value filed in this cause by the Petitioner was made in good faith and based on a valid appraisal provided; however, nothing herein shall. foreclose the Respondents from challenging the validity of such appraisals. 6. Upon the payment of the deposit, hereinafter specified, into the Registry of this Court, the right, title and interest described in Exhibit "A" attached hereto and made a part hereof by reference shall vest in Petitioner, COLLIER COUNTY, FLORIDA. 7. Within twenty (20) days. of this Order, Petitioner shall deposit into the Court Registry the total amount of THREE HUNDRED THIRTY-FIVE THOUSAND TWO HUNDRED EIGHTY AND 00/100 DOLLARS ($335,280.00) as the good faith estimate of value as set forth in Petitioner's Amended Declaration of Taking, for the following parcels: Parcel Amount Parcel 102FEE $92,500 Parcel 102TCE $1,880 Parcel 103 FEE $74,600 Parcel 103TCE $300 Parcel 150FEE $151,700 Parcel 150SE $13,000 Parcel 150TCE $1,300 8. The deposit of money will secure the persons lawfully entitled to the compensation which will be ultimately determined by final judgment of this Court. 9. Upon deposit, as set forth above, and without further notice of this Court, the Petitioner shall be entitled to possession of the property described herein. DONE AND ORDERED in Chambers at the Collier County Courthouse at Naples, Collier County, Florida on this y day of 2U� 013. R 1 ERICK R. HA T A7 CIRCUIT COURT JUDGE Conformed copies to: Emily R. Pepin, Esquire Kenneth A Jones, Esquire l William E. Clark �J Pinegate 135, LLC Packet Pg. 253 OR 4963 PG 2750 9.A.1.e National Retail Properties, LP Petcare of Southwest Florida, Inc. Naples Bakery Company Weichert Realtors Internet Realty Group, Inc. JMW Treasure Exchange, LLC Ian's Interiors, Inc. Endurefit 365 LLC Complete Health Medical & Rehab Center Corp. United Church of Christ at the Lighthouse, Inc. Amazon Pediatrics, Inc. Oasis Pool & Patio, Inc. Kevin Hendricks Clerk's Accounting JOINT MOTION ON STIPULATED ORDER OF TAKING Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, LDJ ASSOCIATES, LTD.; LARRY E. BROOKS REVOCABLE TRUST; LARRY E. BROOKS and MARIA R. BROOKS, without waiving any rights and respectfully move for entry of the foregoing Stipulated Ordyr of Taking as to Parcels 102FEE, 102TCE, 103FEE, 103TCE, 150FEE, 150SE and 150TCE. KENNETI Aj. ONES, I?TT-,'ME Florida BajNo. 0200158 ROETZE11 & ANDRESS 2320 Firs treet, Suite 1000 Fort Myers, FL 33901 (239) 338-4206 (239) 337-0970 kjones(Qralaw.com serve.kj onesgralaw. com ATTORNEY FOR RESPONDENT LDJ ASSOCIATES, LTD.; LARRY E. BROOKS REVOCABLE TRUST; LARRY E. BROOKS and MARIA R. BRPOIS Dated: Z 1 EMILY R. P P1N, E QUIRE Florida Bar No. 92956 ASSISTANT COUNTY ATTORNEY Harmon Turner Building 3299 East Tamiami Trail -Suite 800 Naples, Florida 34112 (239) 774-8400 - Telephone (239) 252-6300 -- Facsimile emilypepin@colliergov.net ATTORNEY FOR PETITIONER COLLIER COUNTY Dated: Packet Pg. 254 OR 4963 PG 2751 9.A.1.e n N TRACT 119 w E a S B i PROPC a P p6 3 TRACT 120 GOLDEN GATE ESTATES UNIT 26 p PLAT BOOK 7 PAGE 15 PE $t LW ASS$/O A.E. ON2; R s eeo•(P) s TRACT 121 DR OFFICIAL RECORDS (BOOK/PACE) ® PROPOSED RIGHT OF WAY ®EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 LEGAL DESCRIPTION FOR PARC© A PORTION OF TRACT 120, GOLDEN GATE ESTATES, UNIT 26 AS RECOI PUBLIC RECORDS OF COWER COUNTY. FLORIDk LYWG IN SECtom 15 COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS THE FIST 35 FEET OF SAID TRACT 120. CONTNNWC 11,550 SQUARE FEET, MORE OR LESS. 0 a es i SKETCH R DESCRIPTION ONLY NOT A. BOUNDARY SURVEY ...,.. �• FOk COLLIER COUNTY COVERWAENT BO.MO OF COUNTY COUWSSKINERS COLLUM BOULEVARD SXXTCIT k DESCRIMON OTh PILOPOS= RIGHT OF WAX PARCEL !O2m COLLIER COUNTY, rWRIDA JOB NUM REV6XIN SECMN I TOW 511P RANGE SCALE C 50106.02- 000E 1 1 49 129 1• a—s Packet Pg. 255 OR 4963 PG 2752 9.A.1.e N TRACT 119 14 $ I ` I w E �) I S toD PLAT, ' 56o•(P) e TRACT 120 GOLDEN GATE ESTATES g UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED TpdPORARY CONSTRUCTION EASENqff LDJ ASSOCIATES C%Ast0 A.E.A.E PARCEL 102TCE sa FT. 100' OR iD99/2D58 5' PLAT04 �8 6 �r p� 860'(P) II i TRACTS 121 TEMPORARY CONSTMUCnON EASEMENT I OR =OFFICIAL RECORDS (BOOK/PAGE) DURATION 2 Yea s, ® PROPOSED 5' TEMPORARY CON57RUCTION EASEMENT ® PROPOSED RKdST OF WAY ODSTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PACE 15 LMkL DESpiIPTION FOR PARCH, tOZTCE A PORTION OF TRACE 120, GOLDEN GATE ESTATES. UMT 26 AS RECORDED IN PLAT BOOK ' WSIGE•15•.OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, LYING IN SECTION ]5. TOWNSHIP 49 SOy[( �;fWJ£,E Z6 ,EA57, (oLLJffi COUNTY, FLORIDA BEING MORE PARMILARLY OESCRWD AS FOLLOWS. !. tra_ THE WEST 5 FEET OF THE EAST 40 FEET OF SAD TRACT 120. t r I r J1 CONTANNING 1,651 SOUARE FEET, MORE OR LESS 1 'f 0.7 40 SKETCH k DESCRIPTION ONLY MMM n•�aa ,uoawsmR NOT A BOUNDARY SURVEY �� oac 1610°' x�t,az 1•.ap' FOR: WLLE/t COUNTY 6V+090AIENT RWAD OF COUNTY COWiIiT. mM w:.um *N mun�c we 049=n m� w num. �emro�mM►auvwa. manw�cra a,o wra COLLI]iR BOULEVARD s 8K8?CH it DESCRUMON OY: PROPOSED TMWORARY coNSMUCTION '3ASSK6t1T ~ EXHIBIT Tatr�pq PABCSL 1DE1'C8 rmrrAFAVKfW* ar�oe COLIM COUNTY,erc FLORMA PeMQ= FAX-p* 4mn im HtIMR[a REVISgN 5. 70WtCS11p Rµt E gCALE PATE ORAYIN BY FI- NAME g}{ 9106.02.00 000 RiV 1 75 49 26 t' Q mT A ' 7-23.-07 S. - LW26 102ICE I 1 OF I Z.t Packet Pg. 256 OR 4963 PG 2753 9.A.1.e II L oo' I" PER PLAT 4:E W I 1� S TRACT 118 �I 25400 mroa 27+00 23-M 29+ 09 ) 13TH AVE. S.W. 660 (P —1- -'-•---•— - I ---+�- -+ I 6C WIDE PER PUT --------- R W111A--1 PROPOSED R1GWT OF WAY PARCEL 703FEE � tt35o sa a<r. TRACT 119 GOLDEN GATE ESTATES v UNIT 28 I PUT BOOK 7 PAGE 15 i I AMDOCAW DREAM BUILDER OR 2354/3357_ 35, PROPOSED TEMPORARY CONSTRUCTION EASEMENT I S'y 100' MOD T 650'(P) I TRACT 120 OR ® OFFICIAL RECORDS (BOOK/PAGE) N ® PROPOSED RIGHT OF WAY SIMal DUSTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USEE. ® WTMST OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 LEGAL DESCRIPTION FOR PARCEL 103FM A PORTION OF TRACT 119, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PACE 1S.pt THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, LYING IN SECTION 15. TOMAJSf•AP 49 SOUTH. RANG_ a;EAST. COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. .1 tr' THE EAST 35 FEET OF SAID TRACT ITS. CONTAINING11,550 SOUARE FEET, MORE OR LESS. l '' 0 a LU t SKETCH- 6: DESCRIPTION ONLY OR�/` m slot OT A BOUNDARY SURVEY scut i..5o' 1 rae cOiJ..ICR 001.wn co4EFW+FNr Bdlieo of calarr cow+lssw«eRs rto n." po tisr- m""'i •c..�w �eirouosm au. o. I COLLD;R EOULEVAE.D SKETCH do DESCRIPTION OF, PROPOSED BIGHT OF 1FAT RNA EXHIBIT PARCEL ID9F=NowL.Mtawrrra0yturae` • CDL.IdP.R COIINTY, FIDRIDA pnn�p waos�sAteumw<n. uIr Ire JOB NUMBER REVISION I SECTION TOWNSF6P RANGE DAZE DRAWN BY FlL£ NAyE SHEET 050)06A2.0p 0006 15 49 REY 2 1 , 80' 8-23-07 S.D.L, LIMB SK103FEE 1 Packet Pg. 257 OR 4963 PG 2754 9.A.1.e ,00' bow F —7PFR PLAT N 8 w E + S TRACT 118 I� 25+00 26+00 v+00 26+0D 30 860'(P) 13TH AYE. S.W. 8D' MADE PER PLAT TRACT 119 GOLDEN GATE ESTATES UNFr 26 PLAT BOOK 7 PAGE 15 AMERICAN DREAMT BUILDER OR 2354/3J57 OBO'(P) TRACT 120 PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 103TCE 1.600 91 FL TEMPORARY CONSTRUCTION EASEMCNTI DURATION .3 YEARS. OR . OFFICW. RECORDS (BOOK/PAGE) II ® PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT PWi PROPOSED RIGHT OF WAY ®EXW940 RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUEIUC PER PLAT BOOK 7, PAGE 15 S + R I m LEGAL DESCRIPTION FOR PARCEL 10JTCE A POIRTION OF TRACT 119. GOLDEN GATE ESTATE'S, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 2S EA$T,,COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF SAID TRACT 119. LESS AND EXCEPT, ' THE NORTH 30 FEET OF SAID TRACT 119 (THAT PART BEING AN EXISTING ROADWAY FAS NT 01P AFOREMENTIONED PLAT), L CONTAINING L500 SQUARE FEET. MORE OR LESS. �Itfj�O� o a 8D ,eo - f 1 SKETCH do DESCRIPTION ONLY i`mrR.Sm, wmnwc ,WOc. aia " NOT A BOUNDARY SURVEY ...,,.. L'7urour UK "am saw= FOR: COLLIER COUNT! GOVERNMENT BOARD OF COUNTY COUY5S10NER5 Am n rtAu sLRrCr~o�~miw COTT BOUMARD SKMH II DESCRIPTION OF; `y qId 61wv� PROPOSED TEMPOBA2Y CONSTRUCTION EASEMENT M1o11NrMOM�m PARCEL 1097'CfS NylaRtY.M101 COLLIER COUNTY, PLORIDA "-.gemAvoarrueomwom u6n.e66s JOB NVMBER I RINdid-N ISMWNITOWN&WI RANGE I SCALE I GATE I DRAWN BY I FAE NAME I SHEET Packet Pg. 258 1 OR 4963 PG 2755 9.A.1.e 1 N CURVE TABLE CURVE ILENGTH RADNS DELTA CLNORD BEARNO G10RO W LEI Cl F 5 g 660'(P) PLAT BOUNDARY, SOUTH LINE SECT,2t-,O j - -�—NORTH LINE SEC -El526 E7S1 1OWNSHIP 49 SOUTH. I� ' VETERANS OF FOREIGN WARS 11iS OF THE UNITED STATES s NORTH LINE OF OR 808/981 9 SOUTH ISO' OF TRACT 109 g TRACT 109 Y 6w'(P) GOLDEN GATE ESTATES 1s p UNIT 26 3 PLAT BOOR 7 PACE 15 PROPOSED RIGHF OF WAY HLDJ5A49 F TRACT LTD 109 PARCEL sm m FlZ � £� OR 1391/17" PROPOSED SLOPE EASEIAENT PROPOSED TINMRARY CONSTRUCTION EASEMEN 560'(P) ® .tRiFi�3R7t!]C�� OFFICIAL RECORDS (BOOK/PAGE) PROPOSED RIGHT OF WAY ® EXISTING 16GHT OF WAY I 107 WOE PER RAT I SOUTH LINE J I CT 110 TRACT 00 II� 8 TE - ROW SEP 17 2010 FEE SIMPLE SST LEGAL. DCXRPIIDN FOR PM CM 150M A PORTION OF TRACT 109, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN RAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FIORIDIV LYING N SECTION 15. TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY. FLORIDA. SEMI) YORE PARTICULARLY DESMED AS FOLLOWS: REWMING AT TIE SOUTHEAST CORNER OF SAID TRACT 109., THENCE 589'31'41'W., ALONG SAID 'SOUTH LINE OF SAID TRACT 109, FOR. 74.47 FEET TO A POINT ON A CURVE; THENCE NORTHIE Y 80.22 FEET 9.014 THE ARC OF A NON -TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 383.00 FEET THROUGH A CENTRAL ANGLE OF OWOO'30' AND BEING SUSTENOEO W A CHORD WHICH BENM N.08'2 WW. FOR 60.15 FEET; THENCE N.IOW^911, FOR 44.63 FEET; THENCE N.1744'331Y., FOR 47.39 FEET TO A POINT ON THE NORTH L1HE OF THE SOUTI 150 FEET OF SAID TRACT 109; THENCE N.6$31'31-E, ALONG SAID NORTH UNE. FOR 98.91 FEET; THENCE S.00'29'08r-FOR 150.02 FEET TD THE POINT OF OEONNNO OF THE PARCEL DESCRIBED HEREIN; CONTAMIING 12663 SOLIARE FEET. YORE OR LESS a 40 SKETCH k DESCRIPTION ONLY ip �rl y-/�« - '6cw¢ —r NOT A BOUNDSURVEY SCAM i'-"' I �V i0R COLLIER c01MIY.cDnRmmDn BOARD OF COUNTY cOMMISSONERsCDLIJnd�jm"� s. 80DZSCRRDRMfSRRTCH A SKETC I & DESCRIP4'tON OF: PROPOSED ItTOLR OF XAY e�y»�111 PARCEL. ISDP£E a»w.r►na0lr..�X* COLLIER COUNTY. FL ORLDA "—pmw 4fm F`Y'wq1e�° LVWM uN. au JOB NUMBER I REVISION I SECTION I TOWNSHIP ._ RANGE _. . _ ..... oATE ..... ..n oRAwN BY et.. F0.E uAME ,w�A oc sr%Tf SINE I I Packet Pg. 259 OR 4963 PG 2756 9.A.1.e N W E 5 t�tiiTF�li?�!r'� •A� r�'Z� f-ii"�t?�ii� -1"'—"" NORTH UNE SECTION 15 TO`ANSWP 49 SOUTH. RANGE 26 EST VETERANS OF FOREIGN WARS OF THE LJWTEO STATES NORTH LINE OF OR 808/981 SOUTH 150' OF TRACT 109-1s�' TRACT 109 660 (P) GOLDEN GATE ESTATES UPOT 26 PLAT BOOK 7 PAGE 15 Sam 1w 0► TUIC{ 1T19 LAL AS90C. LTG OR 1301/17" 660'(P) ©_ :■mot' iesz°�t��i� OR — OFFICIAL RECORDS (BOOK/PACE) ® PROPOSED 15' SLOPE EASEMENT ® PROPOSED RIGHT OF WAY ® EXISTING RIGHT OF WAY 241" So, PROPOSED TI CONSTRUCTION RACT 110 TECM - ROW SEP, 17 20M I II j I IIl00' WIDE PER PATLAT PERPETUAL NON-EXCLUS(Vc SLOPE EASEMENT LEGAL DESCRIP111ON FOR PARCEL 130SE A PORTION OF TRACT 109. GOLDEN GATE ESTATES, UNIT 26 AS REOORDED N PLAT BOOK 7. PAGE 15 OF THE PUSUC RECORDS OF COLLIER COIMTY. FIDROA, LYING N SECTION IS, TOWNSHIP 49 SOTITH. RANGE 26 EAST, COLLIER COLWW. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 109; THENCE S.BP31'41'W, ALONG THE SOUTH UNE OF SNO TRACT 109, FOR 74,47 FEET TO THE POINT OF BEGN WQ OF THE HEREIN DESCRIBIED PARCEL; THENCE CONTINUE S.8731'41'W, FOR 1&01 FEET TO A POINT ON A CURVE: THENCE NORTHERLY 57.47 FEET ALONG THE ARC OF A NOON—TAHGEKRAL CURVE TO T14E LEFT HAVING A RADIUS OF 3W.00 FEET THROUGH A CENTRAL ANGLE OF W56'51' AND BEND SUBTENDED BY A CHOW WHICH BEMIS .IL06.29'34'W. FOR 57.41 FEET; THEM 11.10'57'59-W., FOR 44.40 FEET; THENCE IL1744'331M FOR SO.42 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 150 FEET OF SAID TRACT 100; THENCE N.SW31'31T ALONG SAID NORTH LNE, FOR 13.35 FEET; THENCE S.17443M FOR 47.39 FEET; THENCE S.10-57'39-F FOR 44.63 FEET TO A POINT OF CURVATURQ THENCE SOUTHERLY 60.22 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RK4iT HAVING A RADIUS OF 363.00 FEET THRM04 A CENTRAL ANGLE OF OWO0'30' AND BENO SU37EHM BY A CHORD WHICH BEARS 5.06'27'45'F_ FOR 60.15 FEEF TO THE POINT OF BE3TML40 OF THE PARCEL DESMMP HEYM CONOMNINC 2.264 SQUARE FEET.' MORE OR LESS. t w leR SKETCH & DESCRIPTION ONLY rtnm+ w 610� � NOT A BOUNDARY SURVEY BtAi� I-.t0' °fr16 / O FOR: COLLIER COWRY GOVERNMENT BOARD OF COUNTY COL"55104ERS �+. COUJM BOULEVARD SXNTCH C DESCRIPTION Or..- 62Nww PROPOSED SWPE MASI MENT .aro.a..t•ruw.�n.>too PARCEL 150S6 RrscUW M12LX fAltl✓z>ANA� COLUER COUNTY, FLOREDA Lwwm 4 w". IIAR. u •w 3 Packet Pg. 260 *** OR 4963 PG 2757 *** 9.A.1.e N CURVE TABLE CURVE RADIUS DELTA BE*JtLM CHORD W E CZ S 660'(P) PLAT BOUNDARY II SOUTH UNE SECTION I.E SECTION 1S T TOWNSHIP 49 SOL"' RANGE 26 VETERANS OF FOREIGN WARS OF THE UNITED STATES NORTH UNE OF OR 8p6/981 SOUTH 150' OF TRACT \ TRACf 109 660'(P) 60LDE) GATE EMTES— MIT 26 PLAT BOOK 7 PAGE 15 SOM 150' Cr TRACf 100 PARCEL. T LDJ ASSOC LTD 711 16 OR 1301/1706. 660-(P) �_ 7.2,11m7m Mi �M !fFx!wr,,"mrs�c�� ..� , © .... I TRA,T110 TRACT 109 OR - OFRCUL RECORDS (BOOK/PAGQ © PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT ® PROPOSED 15' SLOPE EASMENT TECM - ROW ® PROPOSED RIGHT OF WAY SEP 17 2010 ® COSTING RI%ff OF YUY ITOG MIRE It PER PLAT 1 I CONSTRUCTION EASEMENT DURATION 3 YEARS. LMV. DOCRIPT01 FOR PN M IW= A PORTION OF TRACT 100, COLDEI SATE ESTATES, IRRt 24 AS REOOR= N PMT BOOK 7. PAGE 15 CF 11E PUNX RmOWS Of COilJER COUNTY fiO11RLA, 1,77N0 IN SET:" IS. TDWNSW 49 SOVIN. RANGE 26 EAST. OMlLIER COLRVLY• F1.ORI0A, MW MORE PA/tRCTAaRLY DIED AS fOUOMSS COLRETK:IIQ AT THE SOUTt[AST OORNER OF SAID TRACT 10% T11D10E &W31'41'W. ALOMO THE 80UIH LINE CF SAm TRACT 100. FTR1 IOAB FEEL TO T1E POW OF BEOIWNG OF WE NEEII DFSDUBED 1'MiCc . TWOXT COWYMIE SA0'31'41Y- ALONG SAD SOUTR UNE. FOR 5.00 FEU TO A POW ON A CUF ME: TNETICE NORIHEFtLY WM FEET MONO THE ARC OF A NON-TANODANL LULYE 70 THE LEFT NAMING A RADRIS OF 3"00 FEET TLWO(W A CEWMAL. ANGLE Of ORSI'33' AND WHO SUBIDLOm BY A CNORD OWN BEARII NAC30'121E. PW 50.7O FEET: TIOICE N.10'SY6 N" FOR OM PEST; MUM N.1744'33'. FOR 51.43 FEET TO A POW ON THE NORTH LINE ►CET NE OF THE SOUI50 OF SAID TRACT M10k THENCE N2/'31131'E. ALOFE SAID NORM UNE, FOR IL12 RZP THENCE S.1Y44'331E.. FOR 50.42 PEETL THENCE LIO'67' ST— FOR "AO FEET TO A POW OF CLRNARIRC THENCE SOUAERY 57.1,7 FEET ALONQ TTE ARC OF A T7M ML MRJE TO THE RIDHt NWWO A RAORIS OF 360M FEET THROUGH A CENML AMME OF OC6I'St' AM REM SUBTENDED W A 04MM MOM WARS SA4201WE, fOR 57.41 FEET TO THE POUT OF SMOOSLO OF TEE PARCIL DINCCRISI D H E ENt OONTAIIMO 7E1 S01lm Fm MORE OR LESS o s ED 1 w. SKETCH A DESCRIPTION ONLY �_^ay� NOT A BOUNDARY SURVEY enlA r.ao• FOR: COWER COUNTY GOKRNNENT BOARD OF COUNTY ISS OOWIIONERS "" aom. minim • � •�'+"' "- wa COLLIER BOULEVARD rb"" TCD SEE & DEsCRLPTTON OR RNA R.u� aN PROPOSED TENPORAFT CONSTRUCTION 6A9EMMT al��vrF.tow..a.r.to� PARCBL 160TCZ 11 Lb Pw. pole '474"m m 11 Z COLIJER COUNTY. FLORIDA Lromm 4/to/Io ••• m•m1t 80' 1 03-23- L 01 P Packet Pg. 261 INSTR 5289363 OR 5293 PG 3048 E-RECORDED 7/13/2016 4:12 Pm PAGES 27 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $231.00 kTU1#IT-00*URT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, vs. LDJ ASSOCIATES, LTD., ET AL., Respondents. Case No.: 13-CA-1238 Parcel Nos.: 150FEE, 150SE, 150TCE STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner'; COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, Pinegate 135, LLC, by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 150FEE, 150SE, and 150TCE for Project No. 68056, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, Pinegate 135, LLC, and the Court being otherwise fully advised in the premises thereof, it is thereupon COLLIER COUNTY, FLORIDA, the total sum of F" Thousand One and No/100 Dollars ($40,001.00) for their interest in Parcels 150FEE, 150SE, and 150TCE, as full payment for the property interest taken and for damages resulting to the remainder, and all other damages and statutory interest, in connection with said parcel; it is further [I 3-1238-CA) 12096754 1 I Packet Pg. 262 1 OR 5293 PG 3049 ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Thirteen Thousand Two Hundred Dollars and 33/100 ($13,200.33) for attorney's fees based on the benefit achieved for Respondent pursuant to Section 73.092(1); it is further ORDERED that within twenty (20) days hereof, Petitioner shall pay the total sum of - !'';'llip'l � 11,1�11!p 1 UIILO��ZIU . 1 1 11t); fil L�11111 - 11 ii I Trust Account, c/o Mark A. Tobin, Esquire, I SE P Avenue, Floor 25 Miami, Florida 3313 1 - 1700; it is further ORDERED that fee simple interest to Parcels 150FEE, 150SE, and 150TCE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 9, 2013, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the compensation awarded herein is based upon the Project being constructed by Petitioner in substantial conformance with the construction plans attached hereto as Exhibit "B" and the Project being constructed to allow continuous access to the jug -handle entrance established by the Declaration of Easements and Restriction dated November 11, 1997 recorded at Book 2363, Page 1471 of the Official Records of Collier County, as amended (OR Book 2801, Page 1601) and supplemented (OR Book 5069, Page 1875); however, this stipulation does not render Petitioner liable for additional costs for those actions in breach or termination by parties to that Declaration of Easements and Restrictions, for which Petitioner is not a party to; it is further ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment, to award expert fees and costs, and to determine the amount of attorney's fees as a result of a non -monetary benefit, if any; it is further (13AZ18-CAMM75/11 I Packet Pg. 263 1 OR 5293 PG 3050 ORDERED that the stipulation to reserving jurisdiction for additional fees is not an admission by Petitioner to Respondent's entitlement to any additional fees and Petitioner reserves the right to dispute any claims for fees over and beyond what is provided for herein; it is further ORDERED that this Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further ) - DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of .20 -3 HONORAB49 MW R. SHENKO CIRCUIT COURT JUDGE b,l conformed copies to: Mark A. Tobin, Esquire Emily R. Pepin, Esquire Kevin Hendricks, Transportation ROW Acquisition Manager Clerk's Office, Accounting 13-1238-CA/1343 [13-1238-CAJ1209675/11 I Packet Pg. 264 1 OR 5293 PG 3051 9.A.1.e z � �..�� CLTRv� TCNGTH RAC4uS jREAMHC CH T!P rCt A .." PLW BOUNDARYSCUM va %C42! r.. 40 SOUT, RANGE 20 Ew ff VVEPAMS OF FC LPM WARS i OF THE UNITED STATP'S 111 NORTH LINE OF ice' 1192E P SOWH T50. or OR WS/951 PER F-AT TRACT 109� LS 6w.(P) GOWEN GATE ESTATES� UNIT 26 ��•._ // a RAT BOW 7 PACE 13 { 'max• . , z,+ c! Ls R OrFICL44 RECMM :df{ Y pQQpwD 11r,"T or WAY OF THE PUNLWC PER MAT »4{ 7, PAGE 15 Ii LEGAL DESCRIPTION MR PARCEL 1SOFEE A PCDR7TON OF 1NACT 109. LttkMN GATE ESTATES, UNIT 25 AS REC LD FN PLAT BWXX 7, PAS 1+S OF THE PiATIK; OF CWAR COUNTY, FLORIN, LYU� IN SECTION 15. TOV044P 49 SOUTM, RANGE 26 EAST. COLLICR COUNrY. Ft,C"CWA. (SEM MORE PARTICULARLY DESCROED AS FOI.LOMd CCW NCRQ AT THE SOUTHEM CORNFR o, SAID TRACT 109. 1HEI= S-W31'41SY„ AL= THE SOU1H UNE Of SA10 TRACT 109, FT)R 100-9/ FEET TO TIE Pow BF ®ECININ4AG OF THE HEREIN MWRMD PARCEL. THENCE CONTVWE S,W31°41"YY., ALONG SAD SOUTH LWNI. rOR 74.47 FEET TO A PQPNT QN A Gam: THENCE "THERLY GD.22 FEET ALONG THE ARC OF A MCIN—TANAGENTIAL CURVE TO THE LEFT K40C A K40WS of 3U-O() FEET THROWN A CENTRAL ANGLE OF G6'T3 3W No qEjW SUSTENOLO BY A CHORD WHICH 6FAR5 N.OQ'27`4V*. FOR eO. T 9 FEET: THENCE N,10'57`3VIN., rOR 44. 63 FEET, THENCE N,1zo'33^X., FOR 47 39 FEET TO A POWT ON THE YORTH LINT OF THE S KITH Iso FEET OF 5ND TRACT 109; THENCE N,M3011- AL9Mo SAID HQR'H 1,DK. 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' I I .% 11 y •� I � 11 1 I iw 1 1 1 I I no•oarnx� •rls oo•or+rr •r15 3ivr7K�1r� [r-s J33MS 33$ I �a a *** VZOE Dd E6ZS W *** Dunkin Donuts Collier Boulevard CPUD Aerial Location Map A a Subjects Pro ert CO -sp Mom r �-, Pine Ridge RD �, �� White BL'VD { L 4 Y 'PAIL. r' jow. W AJ- # A44 f r z e . _ our ce: E'sri, Maxar, Earthstar Ge •.grilphiisi ; k i s Community, T Grad Mina 180 90 0 180 Feet f'i4'li Engineers - Land eyors ► PI nnm I 'and scape �stect Packet Pg. 289 9.A.1.e Comer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Neffs Collier Realty LLC Address: 6685 Collier Boulevard City: Naples Telephone:305.766.3723 Cell: E-Mail Address: mkoroghlian@naplesdonuts.com Address of Subject Property (If available): Collier Blvd City: State: ZIP: ROPERTY INFORMATION State: FL Fax: Section/Township/Range: 1/ 4/ 26 Lot: N.A. Block: N.A. Subdivision: Golden Gate Estates Unit 26 Metes & Bounds Description: See Exhibit D of the PUD Document Plat Book: 7 Page #: 15 & 16 property I.D. Number: 37930440004 ZIP: 34114 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: 10,000 sf of retail incl drive through Peak and Average Daily Demands: A. Water -Peak: 2275 gpd Average Daily: 1750 gpd B. Sewer -Peak: 3.8 gpm Average Daily: 1250 gpd If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 2025 March 4, 2020 Page 6 of 11 Packet Pg. 290 9.A.1.e COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N.A. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N.A. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. March 4, 2020 Page 7 of 11 Packet Pg. 291 9.A.1.e Project Capacity - COMMERCIAL Type of Establishment # Units GPD/Unit GPD Food operations, Restaurant using single service articles only and operating 16 hours or less per day, per seat 20 20 400 Shopping center, without food or laundry, per square foot of floor space 8,500 0.1 850 Subtotal 1,250 Total Average Total Peak Total Peak Daily Flow Peak Factor Hour Flow Hour Flow (GPD) (GPD) (GPM) 1,250 4.4 5,506 3.8 3/27/2018 CCPU Wastewater Flow Packet Pg. 292 9.A.1.e ENVIRONMENTAL DATA DUNKIN DONUTS Collier County, Florida OCTOBER 2022 Prepared By: Collier Environmental Consultants, Inc. 3211 68 h Street SW Naples, Florida 34105 (239) 263 - 2687 marcoe@prodigy.net Packet Pg. 293 9.A.1.e 3.08.00 Environmental Data Purpose As per requirements in LDC Sections 3.08.00 and questions in the CU Checklist Preparation Of Environmental Data Preparation of Environmental Data, Environmental Data Submittal Requirement shall be prepared by an individual with academic credentials and experience in the area of environmental science or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida Qualifications of Environmental Consultant Collier Environmental Consultants Inc. 2/96 - Present 3211 68"' Street SW Naples, Florida 34105 Marco A. Espinar- Biologist Environmental Data. The following shall be submitted where applicable to evaluate projects. A) Wetlands i) Identify on Current Aerial / the location of all Collier County / SFWMD Jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System FLUCFCS A FLUCFCS map and vegetation inventory has been included. The site consists of approximately 1.98 acres. This parcel is located just north of Pine Ridge Road and west of County Road 951 (Collier Blvd.) This parcel is bordered by Single family lots to the west, CR 951 to the east and the VFW lodge to the north and a commercial strip center to the south. This is an isolated parcel surrounded by development. The area is vegetated with Slash pines, cabbage palms and cypress as native trees. The site is heavily vegetated with exotic vegetation such as air potato, Brazilian pepper, Java plum ad carrotwood. As an urban parcel the site has lots of trash. B) Listed Species and Bald Eagle Nests and Nest Protection Zones i) Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The Packet Pg. 294 9.A.1.e survey shall be conducted in accordance with the guidelines or recommendations of the FFWCC and the USFWS. Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee. Wildlife Listed Species Study (LDC 10.02.3. A.2.m) A brief examination of the parcel found no listed animals on site. The site does provide some limited habitat for small, medium mammals and birds. A listed species study was conducted and attached. This project site is not in the consultation panther zone. This project will be reviewed by local, State and Federal agencies when other permits are obtained. This will include wildlife issues. This wildlife survey found no listed animal species. Black bears are known to inhabit the neighboring areas. During the Site Development Plan process a Black Bear Management Plan may be required. This management plan would focus on lowering Black bear interaction. Also, during the Environmental Resource Permit process this project will be reviewed by the appropriate regulatory agencies. This project meets the Objective of CCME Objective 7.1 The area proposed to be impacted consists of lower grade habitat. Brazilian pepper dominates the midstory. No listed species should be impacted by this development. CCME OBJECTIVE 7.1: Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, ii) Provide Listed Plants identified in LDC Section 3.04.03 See Attached Vegetation List / FLUCCS Code Map If Tillandsia's are encountered during construction, they will be relocated as per Collier Counties LDC, Packet Pg. 295 9.A.1.e As per LDC 3.04.03 Relocation of epiphytic species of plants listed as Rare and Less Rare shall only be required for plants located within eight feet of the ground. Plants listed as less rare shall be relocated to the on -site preserves only if the preserves do not already contain these species. When available, on two plants per species per acre of plants listed as less rare are required to be relocated, up to a maximum of ten plants per species per preserve. Prior to construction, the site area slated for clearing will be walked and any plants listed as rare located within the eight feet from the ground will be relocated. Maximum of two per species per acre will be relocated. iii) Wildlife Management Plans in accordance with LDC Section 3.04.00 See Attached Listed Species Study, Black bear management plan may be required at the time of SDP. C) Native Vegetation Preservation i) For Sites or Portions of Sites Cleared of Native Vegetation or in Agricultural Use: Not Applicable ii) Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the FLUCFCS system and provide a legend foe each of the FLUCFS codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on site. Include the above referenced calculations and aerials on theSDP or PPL. In a separate report, demonstrate how the preserve criteria pursuant to LDC section 3.05.07 have been meet. Location Maps / Aerials (LDC 10.02.3.A.2.m) Aerials and location maps have been provided. The entire parcel consists of two parcels for a total of approximately 1.98 acres. The parcel is in Section 10, Township 49, Range 26; in Collier County, Florida. The dominant forest type on this project site consists of 438 - Mixed Hardwood. The site is located in the urban area and is heavily vegetated with exotic vegetation. The site is heavily vegetated with Brazilian pepper, air potato, carrotwood and Java plum. The ground cover is very sparse with trash. See Attached Location Maps, Vegetation Maps / FLUCCS Maps Packet Pg. 296 9.A.1.e Native Vegetation Calculation (LDC3.05.07.A.) 3.05.07 Preservation Standards The entire site would be considered native habitat and consists of 1.98 acres. The project is required to preserve 15 %. The entire parcel consists of 1.98 acres minus Neff's Way (0.10 acres). The native vegetation would be based on 1.88 acres. Thus, 0.28 acres will be set aside as a preserve This will be consistent with Goal 6 of Collier County GMP's Objective 6.1 Protect native communities through the application of minimum preservation requirements. Clearly identify the location of all preserves: The preserve area has been identified on the Exhibit C Master plan. Soil Ground Water Sampling Natural Site Packet Pg. 297 9.A.1.e QUALIFICATIONS CD U) IV 0 0 0 N N O N J d 00 N I* LO N Q 7 Y V R m U d U U d U w 3 c O c Y C 7 to Lf') O O O N N O N J IL IMI w a Packet Pg. 298 9.A.1.e Marco A_ Espinar 3211 68`h St SW Naples, Fl 34105 RESUME EDUCATION Bilingual: English & Spanish Office: 239-263-2687 Home 239-263-2747 Cardinal Mooney High School Diploma 1980 Sarasota, Florida Manatee Junior College AA Degree 1982 Bradenton, Florida Biology University of South Florida BS Degree 1990 Tampa, Florida Biology Completed USF Cooperative Education Program April 1988 USF Undergraduate Research - USF 1985 Apalachicola Archaeological Expedition & Research - Lab Coordinator of Fauna Identification from Archeological Sites - Studies of Seagrass Beds (Thalassia testudinum) in Upper Tampa Bay, Florida - Growth Rates of Marine Algae ( Gracilaria tikvahiae, G. verrucosa, G. deblis ) Port Manatee, Florida EMPLOYMENT HISTORY & EXPERIENCE Collier Environmental Consultants Inc. Naples, Florida 2/96 - Present Environmental Permitting, Planning Vegetation Inventory Mitigation & Monitoring Plans Threatened and Endangered Species Survey Licensed Agent Gopher Tortoise Permitting, Testing, Relocation Owner & Environmental Planning / Biologist Exotic Plant Removal 1 Poisoning Mitigation Plantings Jurisdictional Determination Environmental Impact Statements Red Cockaded Woodpecker Survey UMAM Analysis BP- Natural Resource Advisor - Deepwater Horizon MS Canyon 252 Oil Spill Gulfport, Mississippi - Dauphin Island, Alabama - Pensacola, Florida Packet Pg. 299 9.A.1.e Turrell & Associates, Inc. Naples, Florida 2/94 - 12/95 Environmental Permitting, Planning Threatened and Endangered Species Survey Environmental Impact Statements Senior Environmental Planner Supervision of Staff Review Staff Reports South Florida Water Management District Environmental Analyst Fort Myers, Florida 2/93 - 8/93 Dredge & Fill Permit Review Surface Water Permit Review Collier County Government Development Services Environmental Specialist II Naples, Florida 10/90 — 2/93 Site Development Plan Compliance Planned Unit Development Compliance Site Drainage Inspections Southwest Florida Water Mana ement District Tampa, Florida 9/87 —10/90 Landscape Inspections Environmental Enforcement Field Services Technician As -Built Inspections of Storm Water System - Engineering, Survey Surface and Ground Water Permit Compliance Well Construction & Abandonment Inspections Southwest Florida Water Management District (CO-OP) Environmental Scientists 1 Brooksville, Florida 1/86- 9/87 Wetland Vegetation Studies At Major Well Fields Water Quality Sampling & Testing PROFESSIONAL ASSOCIATIONS Southwest Florida Association of Environmental Professionals, Member Elected to very First Governing Board and served 2 terms, served on founding association — Bylaws Committee Appointed by the Board of County Commissioners and Served on the Collier County Environmental Advisory Board Appointed by the Board of County Commissioners and Currently Serving on the Development Services Advisory Committee Packet Pg. 300 9.A.1.e Currently Serving on the Land Development Code Sub -Committee Appointed by the Board of County Commissioners and Served on Conservation Collier Land Acquisition Advisory Committee 6 years Served as Chairman of the Conservation Collier Lands Evaluation and Management Sub- committee. Awarded for Ten (10) years of my Voluntary Service to Collier County By the Board of County Commissioners - January 2010 Awarded Outstanding Advisory Board Member Award - February 2009 by Collier County Board of County Commissioners Gopher Tortoise Management and Mitigation Professional Training Program Successful Completion 9/01 REFERENCES UPON REQUEST Packet Pg. 301 9.A.1.e LOCATION 00 N I* LO N Q 7 Y V R m U d U U d U w 3 c O c Y C 7 to Lf') O O O N N O N J IL IMI w a Packet Pg. 302 'ypI �r A i•/: VINTAGE RESERVE CIR / � Y DANIE_LS i• ' i HUNTERS RO l2�ER CIR ..J r 1 ° -SANDALWOOD LN' rr SABLE RIDGE LN .0 ZT.ir /i • CHERRY -WOOD DR AVE N'-- W— TIERRA LAGOIWAY +• . "TfH rn I HICKORY WOOD DR - rn m STH AVE NW A in � Y r � �i CORAL^WOOD DR 3RD-AVE NW]_a • •�,. TEAK W0,00 DR- i RT AVE NW _ _ • GOLDEN GATE BLVD W r • . 4 •� - tST.AVE SW e MAHOGANY RIDGE OR - #AO . 3RD AVE SW r- "'_3RD-AVE SW ' �—PALMETTO WOODS DRY r`STHAVESW •r o�STHAVE SW+�^ y oiTAMARINDRIDGEDR�r r S .0 - . TTH AVE SW------! L r rn SYCAMORE OR rn .' N DOGWOOD WAY + TALLOW00D•WAY- X1 - y ' W i t 13TH:AVE SW , i:3 L•ANCEWOOD WAY HAWTHORN WOODS WAY+ 1 1� .,� - � ;, `r��gF�w" � • 15TH•AYE SW . a - GREEN 6LVO �GNBLVD_tiTHPL'SW- REE- �_ ?_. ....p�.3• + ^'-- ca--•• � i m�17TH•AVEsw p p = � - 1 TTH AVE SW d n■....�¢ � MONTEREY.P.T T- CEDAR TREE LN GY r r r- b-•�� + _ ^ In z�z • rr •.•m .� i.. i�.. ; �, _ .rL MARBELLA O!i- Z `{ _Q` ti w ; - 4 ♦ �+ " d r 19TH'AVE S%,. r _• Ali WESTPORTLN SW215 T•AVE SW �• SEA GRASS LN- Y 22NO AVE SW ! + r" 3�.1 i �a[u, -_ m°a.• _ _ ,.. u. 23Rov4vEsw \ •. - - _ �. ,2�RD AFL SW „ -7 r 9 g .r• + - m ^t r _ c rn� 23RDP! SW y '•} ^ STAR GRASS LN redrl 25TH'AVE SW �, I COPPER LEAF LN _ C �Q ,TT {" in T-`•' _. _ r t _ a - .��C+ ��r v�S �-. O P 27TH•AvE N _ PAINTED LEAF LN f yyl •�� . mp '�i i Z -+ 7TTH IA 297H-AYE SW r,. yµ E c r _ - o � i�?� 28TH CT 5, 9.A.1.e Q Packet Pg. 304 9.A.1.e W W i s a 2022 LOCATION MAP Selected Custom Parcels Streets MapWlse County Boundaries /V Parcel Outlines ammmb— 'r - - - i+n+ I Ilk "if " 11 0 59 1t8 IT7ft Copyright 2022 MapWise, Inc. All rights reserved. www,mariwise.com. This map is informational only. No representation is made or warranty given as to Its content, User assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use. Packet Pg. 305 9.A.1.e Owner and Property Description Owner Name: NEFFS COLLIER REALTY LLC Mailing Address: 6685 COLLIER BLVD NAPLES FL 34114 USA Site Address: NAPLES FL 34119 Subdivision- GQLDFN GATE EST UNIT 26 County: COLLIER Land Use Code: 00 Land Use Desc: Vacant Residential Land Use FDOR 00 Code: Land Use FDOR Vacant Residential Desc: Zoning: Acres: 1.98 PIN: 37930440004 PIN2: 37930440004 ALTKEY: 334300 109 14815 Last Data Update: 09/22/2022 Legal Description (not official) Parcel Map GOLDEN GATE EST UNIT 26 S 15OFT OF TR 109, LESS THE FOLLOWING; COM AT SE COR OF TR 109, THENCE S89 31 41 W 74.47FT, THENCE ALONG CURVE HA Building Summary 2021 Certified Values Actual Year Built: Land: $267.300 Effect. Year Built: Land Agricultural. $162,250 Living SgFt: Building: $0 Total SgFt: Misc: $0 Adjusted SgFt: Just Value: $267,300 Beds: Assessed Value: $105.050 Baths: Stories: Num. of Buildings: Recent Sales Sale Date Book/Page Docnum Price Instrument Qualified Vac, or Grantor Impr. 2022-06-07 6143 / 1055 $900,000 1988-11-02 1391 1 1796 $0 1980-10-01 888/1622 $0 1980-10-01 888 / 1621 $0 Sunbiz Corporate Data Title Name Addressi city State Zip Code Packet Pg. 306 9.A.1.e Map Layer Stats Soils MUID Map Unit Name Component Component Hydric Hydric Percent Acres Name Pct Grp of Total 14 PINEDA FINE SAND, PINEDA 88 YES CIO 13.1 0.26 LIMESTONE SUBSTRATUM 18 RIVIERA FINE SAND, RIVIERA 88 YES AJD 86.7 1.72 LIMESTONE SUBSTRATUM TOTAL ACRES 1.98 Land Cover 2019 (includes wetlands) LUCODE Description WMD YEAR Percent Acres of Total 1110 Fixed Single Family Units SF 2017 100 1.98 2019 TOTAL ACRES 1.98 Future Land Use FLU Code Description Jurisdiction County Percent Acres of Total Estates UNINCORPORATED COLLIER 100.8 2 Desingation TOTAL ACRES 1.98 City Limits City name County Percent of Total Acres TOTAL ACRES 1.98 Census Demographics Census Tract 12021010416 Packet Pg. 307 9.A.1.e SOILS CD U) 0 0 0 N N O N J d 00 N I* LO N Q 7 Y V R m U d U U d U w 3 c O c Y C 7 to Lf') O O O N N O N J IL IMI w a Packet Pg. 308 9.A.1.e HYDRIC H H H H H H H H H _ H H H ' H H COLLIER COUNTY SOIL LEGEND REVISED 1/90 H. yAMATAKI 2 3 4 6 7 8 10 11 14 15 16 17 18 20 21 22 23 25 27 28 29 31 32 33 34 35 36 37 38 39 40 41 42 43 45 H 48 H 49 H 50 51 H 52 H 53 H 54 H S5 HOLOPAW FS, LIMESTONE SUBSTRATUM MALAUR FS _ CHOBEE, LIMESTONE SUBSTRATUM AND D,NIA MUCKS DEPRESSIONAL RIVIERA,, LIMESTONE SUBSTRATUM_COPELAND FS IMMOKALE'E FS MYAKKA FS OLDSMAR FS, LIMESTONE SUBSTRATUM HALLANDALE FS PINEDA FS, LIMESTONE SUBSTRATUM POMELLO FS OLDSMAR FS BASINGER FS RIVIERA FS, LIMESTONE SUBSTRATUM FT. DRUM AND -MALABAR-_HIGH-. FS BOCA FS CHOBEE, WINDER AND GATOR SOILS, DEPRESSIONAL. HOLOPAW AND OKEELANTA SOILS DEPRESSIONAL ROCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS DEPRESSIONAL HOLOPAW FS PINEDA AND RIVIERA FS WABASSO FS HILOLO LIMESTONE SUBSTRATUM, �PITER AND MARGATE SOILS URBAN LAND URBAN LAND HOLOPAW BASINGER COMPLEX URBAN LAND IMMOKALEE OLDSMAR LIMESTONE SUBSTRATUM COMPLEX URBAN LAND AQUENTS COMPLEX ORGANIC SUBSTRATUM UDORTHENTS SHAPED TUSCAWILLA FS URBAN LAND MATLACHA LIMESTONE SUBSTRATUM BOCA COMPLEX SATELLITE FS DURBIN AND WULFERT MUCKS URBAN LAND SATELLITE COMPLEX CANAVERAL REACI4ES ASSOCIATION WINDER, RIVIERA- LIMESTONE SUBSTRATUM AND CHOBEE SOILS DEPRESSIONAL PAOLA FS (1- 8 percent slopes) PENNSIICCO SOIL gnarl prairie) HALLANDALE AND BOCA FS (slough) OCHOPEE FSL, PRAIRIE (marl) OCHOPEE FSL KESSON MUCK FREQUENTLY FLOODED ESTERO AND PECKISR SOILS FREQUENTLY FLOODED JUPITER ROCA COMPLEX BASINGER FS, OCCASIOM�LLy-FL00DED Packet Pg. 309 9.A.1.e SOILS MAP PINE RlOGE R[) A Selected Custarn Parcels Streets MapWise /County boundaries V Parcel L)utfihes Soils boundaries 0- 0 se lea lnit Copyright 2022 Map Wise. Inc. All rights reserved. www.rnapwise.corn. This map Is Informational only. No representation is made or warranty given as to Its content, User assumes all risk of use. htapWise and its suppliers assume no responsibility for any losses resulting from such use. Packet Pg. 310 9.A.1.e 0 IL U L Cu MO W L O U N c O 0 C Y C VEGETATION INVENTORY 3 0 LO CD N O N J d 00 N I* LO N Q 7 Y V R m U d U U d U w 3 c O c Y C 7 to Lf') O O O N N O N J IL IMI w a Packet Pg. 311 9.A.1.e FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE -Description Common Name Scientific Name Indicator Status 438 - E3 Mixed Hardwoods This habitat is has native trees such as Slash pines, cabbage palms and cypress with lots of exotic trees. This area is also vegetated with a midstory of Brazilian pepper in the 50 — 75 % range. The area does have some scattered swamp fern as ground cover. This ground cover is very sparse with a heavy leaf litter and trash. Slash pine Pinus elhotti FACW Cp,D Cypress Taxodium spp. OBL Cp,M,O Cabbage palm Sabal palmetto FAC M,C Brazilian pepper Schinus terebinthifolius Exotic M,C Java plum SyryVum cumini Exotic Cp,O carrotwood Cupaniopsis anacardioides Exotic M,C Bishopwood Bishofia javanica Exotic M,C Strawberry guava Psidium littorsle Exotic M,0 Ear leaf acacia Acacia auriculiformis Exotic M,C Air potato Dioscorea bulbifera Exotic M.0 Laurel oak Quercus laurifolia FACW Cp,O Strangler fig Ficus aurea FAC M,O Myrsine Myrsine floridana FAC M,C 1 QC Beauty bush Callicarpa Americana UPL M,0 Dahoon holly flex cassine OBL M,0 wax myrtle Myrica cerifera FAC+ M,0 snowberry Chiococca parvifolia UPL G,O Broom sedge Andropogon virginicus FAC- G,0 Caesar weed Urena lobata FACU G,O Winged Sumac Rhus copallina UPL M,0 Virginia creeper Ampelopsis quinquefolia FAC G.O Cat -briar Smilax spp. FAC G,C Poison ivy Toxicodendron radicans FAC G,O Grape vine Vitis rotundffolfa FAC G,D cocoplum Chrysobalanus icaco FACW M,0 Whitehead broom Spermacoce verticillata FAC G,C Beggers ticks Bidens alba FACW G,O Ragweed Ambrosia artemissiffolia FACU G,C Boston fern Nephrolepis spp FACU G,0 Guineagrass Panicum maximum FAC- G,O Packet Pg. 312 9.A.1.e Epiphytic Plants Golden polypody Polypodium sp. Exotic Level El ( Brazilian Pepper 0 - 25% ) E2 ( Brazilian Pepper 25 - 50 % ) E3 ( Brazilian Pepper 50 - 75 % ) E4 ( Brazilian Pepper 75 - 100 %) Packet Pg. 313 PINE RIDGN�� FLUCCS MAP Labels Drawing Points Drawing Lines Drawing Polygons drawing Selected Custom Parcels Streets MapWise County Boundaries N Parcel Outlines PINE RIDGE RO -dPr 0 54 118 !77 ft t rJ Copyright 2022 MapWise. Inc. All rights reserved. www,mapwise.com.Thls map is informational only. No representation Is made or warranty given as to its Q content, User assumes all risk of use, MIpWISe Ind Its Suppliers assume no responsibility for any lasses resulting from such use. Packet Pg. 314 9.A.1.e DUNHIN DONUTS LISTED SPECIES SURVEY Collier County, Florida OCTOBER 2022 Prepared By: Collier Environmental Consultants, Inc. 3211 68" Street SW Naples, Florida 34105 (239) 263 - 2687 marcoe@prodigy.net Packet Pg. 315 9.A.1.e INTRODUCTION: This report is an account of a Listed wildlife and plants species survey recently performed on 1.98 acre tract called Dunkin Donut. Its purpose is to identify and describe key habitats and report any listed species using the site that would be at risk due to possible future development actions on the site. This survey and report is based on fieldwork performed during September 2022. DESCRIPTION: Dunkin Donut consists of approximately 1.98 acres and is located in Section 10, Township 49, Range 26, in Collier County. This parcel is located just west of Collier Blvd. (CR951) just north the intersection with Pine Ridge Road. This parcel is bordered by single family homes to the west, a VFW Lodge to the north and Collier Blvd to the east. This project consists of a 1.98 acres parcel. The following is a habitat breakdown. See Exhibit # 1 - Location Map FLUCCS HABITAT 438 - E3 Mixed Hardwoods Neighboring Parcels 111 Single Family Home 140 Commercial Retail Strip Center 177 VFW lodge 8144 Roadway LISTED SPECIES SURVEY: The required survey for a Listed Species Survey calls for a survey covering 100 % of the site, at prescribed transect distances per site acreage. Such a survey was conducted in September 2022. A previous study was conducted on March 2021. Established transects were oriented north - south and east - west and superimposed on an aerial map of the site. The site was examined via straight and meandering transects with periodic stationary observations. These transects were conducted Early morning (0730 - 1000), mid -day (1100 - 1500) and late -day (1500 -1800) time periods. This survey was conducted daily for several days. Some transects were interrupted by seasonal rains. All possible species of plants and animals listed by state and federal agencies were noted. In addition, to the Packet Pg. 316 9.A.1.e transects walked stationary observation was periodically utilized. Careful observations noting calls, tracks, scat, roosting and nest sites were conducted. RESULTS AND DISCUSSION: September 19-23, 2022 Hot temperatures low 90's Listed Flora Refer to Exhibit # 2 - Cumulative Plant List Listed Fauna A description of the wildlife found onsite is provided below. Refer to Exhibit # 3 - Wildlife Species Observed Ke Species Discussion Considering the location and condition of the property and State and Federal listed species that could be found on or around the site include: Florida Black Bear No individuals were observed during this survey even though Black bears are known to inhabit the general area. Special attention was given for signs such as scraps, tracks and scat. This mammal has a large home range and is known to inhabit the area. An examination of nuisance bear calls show numerous calls in the general vicinity. Bonneted Bat The Florida bonneted bat is the largest species of bat in Florida. Previously known as the Florida (Wagner's) mastiff bats these bats were reclassified as a separate species unique to Florida. The species can grow to a length of 6.5 inches with a wingspan of 20 inches. This is a flying mammal free to traverse great distances. This parcel has some canopy trees and/or cabbage palms. Examination of all trees with potential cavities was conducted. The site does have a few dead pines trees. Special examination of all these trees were conducted. Specifically, these trees were examined for any cavities and/or snags. The density of Brazilian pepper and other midstory plants would impede flight patterns. No individuals and/or guano were found. This project is not anticipated to negatively impact the species. Packet Pg. 317 9.A.1.e Florida Panther No individuals have been documented utilizing this project site or identified during this survey. This species does have a large home range and is known to inhabit Golden Gate Estates and surrounding areas. The site is located outside the Panther Consultation Zone. Big Cypress Fox Squirrels The area is known as potential fox squirrel habitat. Observations were keyed to searching for signs or calls of these animals, such as leaf nests in canopy trees or the distinctive chattering of territorial squirrels. No individuals were observed foraging and/or inhabit ting the subject parcel. No chewed pines were found. CONCLUSION: Transects were walked throughout the entire parcel. Stationary observations were also done through prime habitat areas. All transects were walked at varying times from post - dawn & mid -day to pre -sunset hours. This project has very poor -quality habitat. The entire parcel has a very dense midstory of Brazilian pepper. The parcel is bordered by development. To the west of this parcel is a single family home. To the south is a commercial development strip center and a VFW Lodge to the north. To the east is a busy roadway. This and the exotics are limiting factors as functional habitat and wildlife utilization by vertebrates. Signs of small animal usage such as armadillo were readily visible. Several species of songbirds were seen traversing the site. No listed animal species or signs thereof were identified on the property. Packet Pg. 318 9.A.1.e Vertebrates - Threatened, Endangered and Species of Soecial Concern Species Black bear Florida panther Everglades mink Big Cypress Fox squirrel Bonneted Bat Indigo snake American alligator Gopher tortoise Gopher Frog Present Absent x x x x x Southeastern American kestrel x Red -Cockaded woodpecker x Florida Scrub Jay x Wood stork x Snail kite x Bald eagle x Limpkin x Osprey x White ibis x Tricolored heron x Snowy egret x Reddish egret x Little blue heron x Listed Vegetation Tillandsia spp. x Packet Pg. 319 9.A.1.e FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE -Description Common Name Scientific Name Indicator Status 438 - E3 Mixed Hardwoods This habitat is has native trees such as Slash pines, cabbage palms and cypress with lots of exotic trees. This area is also vegetated with a midstory of Brazilian pepper in the 50 — 75 % range. The area does have some scattered swamp fern as ground cover. This ground cover is very sparse with a heavy leaf litter and trash. Slash pine Pinus elliotti FACW Cp,D Cypress Taxodium spp. OBL Cp,M,O Cabbage palm Sabal palmetto FAC M,C Brazilian pepper Schinus terebinthifolius Exotic M,C Java plum Syzygium cumini Exotic Cp,O carrotwood Cu paniopsis anacardioides Exotic M,C Bishopwood Bishofia javanica Exotic M,C Strawberry guava Psidium haorsle Exotic M,O Ear leaf acacia Acacia auriculiformis Exotic M,C Air potato Dioscorea bulbifera Exotic M.0 Laurel oak Quercus laurifolia FACW Cp,O Strangler fig Ficus aurea FAC M,O Myrsine Myrsine floridana FAC M,C / GC Beauty bush Callicarpa Americana UPL M,O Dahoon holly Ilex cassine OBL M,O wax myrtle Myrica cerifera FAC+ M,O snowberry Chiococca parvifolia UPL G,O Broom sedge Andropogon virginicus FAC- G,O Caesar weed Urena lobata FACU G,O Winged Sumac Rhus copallina UPL M,O Virginia creeper Ampelopsis quinquefolia FAC G.O Cat -briar Smilax spp, FAC GC Poison ivy Toxicodendron radicans FAC G,O Grape vine Vitis rotundifolia FAC G,D cocoplum Chrysobalanus icaco FACW M,O Whitehead broom Spermacoce verticillata FAC GC Beggers ticks Bidens alba FACW G,O Ragweed Ambrosia artemissiifolia FACU G,C Boston fern Nephrolepis spp FACU G,O Guineagrass Panicum maximum FAC- G,O Packet Pg. 320 9.A.1.e E2iyhytic Plants Golden polypody Polypodium sp. Exotic Level E1 ( Brazilian Pepper 0 - 25% ) E2 ( Brazilian Pepper 25 - 50 % ) E3 ( Brazilian Pepper 50 - 75 % ) E4 ( Brazilian Pepper 75 - 100 %) Packet Pg. 321 r MapWise 2022 FLUCCS MAP Labels Drawing Points Drawing Lines Drawing Polygons Drawing Selected Custom Parcels Streets MapWise County Boundaries !V Parcel outlines - i � r N e ` e �e 0 58 118 177" Copyright 2022 MapWise, Inc. All rights reserved, www.mapwise,com. This map is informational only. No representation Is made or warranty given as to its content, User assumes all risk of use, MapWise and Its suppliers assume no responsibility for any losses resulting from such use. Packet Pg. 322 9.A.1.e WILDLIFE SPECIES OBSERVED Common Name Species Amphibian & Reptiles: Brown anole Anolissagrei_ Birds: Dove- mourning Zenaida macroura Bluejay C anocitta cristata Northern mockingbird Mimus pol lye ottos Cardinal Richmondena cardinalis Vulture, turkey Cathartes aura Vulture, Black Coragyps atratus Red bellied woodpecker Melanerpes carolinus Mammals: Raccoon Progyon lotor Nine -banded armadillo Dasypus novemcinctu Status Packet Pg. 323 � - _ •, rrCHERRY-Woot) 6R - , rrHAVe Nw TIERRA " O HICKORY WOOD DR ' as 5TH AVE NW 1 to O ■ -Mr - 1 0 c VINTAGE RE5FHvE CIR '•'- CORAVwOOD DR 3RD AVE NW p DANIELS R0� r t' rFAh wuu0 DR r�+�IST•AVE NW , ..f• m .: J ' GOLDEN GATE BLVD W ' HIINTF_ RS RJR r .� �t r J , RESERVE CIR ' .,� �lsT AVE SW r �•0 F w �� MAHOGANY RIDGE DR m SANDALWOOD LN' Fq� ! 3RD AVE SW 3RD AVE T •' - --SABLE iDUE LN., S�,Nl _ 0—PALMETTO WOODS DR — 'I I � .- � r} it m _ ^ _ - 'STH AVE SW 1 a�iTH'AYE 9W 0 9 m \ w . p4a .y, r S�FL9 fSORV s i o�TAMARIMD RIDGE DR— �)r� i. k L� r • r^ �y r , O m -! �y - TTMAVE Sri r z 1 m •`�- SYCAMORE DR�� • ' . - � PINE RIDGE RO .1 WHRE BLVD J PINE RIDGE RD _ Dr \^ i fiA NAPA WOOD S WAY BO%WOOD WAY fthm.FA <�O�+11TWAVESri .+m DOGWOOD WAY � TALLOWODD WAYS��m13THAVE3 NCEWOOD WAY HAWTHORN WOODS WAY— `- �,` .. > s t �l c ` r - GREEN BLVD. �Z GREEN BLVD p f T�y�r16TH PL, SW U 17TH AVE SW (_1�^ p 1 1 i IH'AVt 514 MONTEREY.P_-T- CEDAR TREELN mrx - ' = A jA ,A• -i r: MARBELLA DR. '1 z Uri . = w Q G{yam A- 'A "' h '• 5 h N P 17TH AVE 1SW h 0 ��wesrPORT LN �,3 �� , • m *"` , v t K � i '., I 2bTyyH PL SW * 21ST.AVE %W ,i `SEA GRASS LN N N r N I W-11111,m ", 1 D AVE SC. �23RD'AVE SWSTAR GRASS LN23R0 = x��1 rQ �-� y 23RD Pl. SW •� - . x- �N r �r r Niz m '� P. •� N Z • r w ��x,{ 25TH AVE SW _ y 1 COPPER LLAF LN ; _ - _ y /►� i 21TH-AVE JN Y rauvTt o LEAF Ln `yr Va` Co�y r Vl " K 29TH AVE SW�"' ; 1`k 281H (:1! SW'• �•A Q - , - - ,l ' r - + 1 -__ o-'lf• I L�oT� AVE SW VI I _• - •r r 9.A.1.e a U L d O m L O U N r 7 C O C C C 7 to O O O N N O N J a Co N 14 to N 7 V m U a U U a U c O 0 c Y C 7 C O O O O O N N O N J a 0 Q c m E Q Packet Pg. 325 9.A.1.e �V4. a s v a > I .O Olt -1 po Ar— iwise 2022-0 LOCATION MAP Selected Cyelam Parcels Streets MapWISe f V County Boundaries N Parcel Outlines 0 59 118 177 fl Copyright 2022 MapWise. Inc. All rights reserved. www.mapwise.com. This map is informational only. No representation is made or warranty given as to its content. user assumes all risk of use. MapWise and Its suppliers assume no responslbllity for any losses resulting from such use. Packet Pg. 326 9.A.1.e I� f qMb elk, AAr- Lfilm6 4 �*► _�1 w�JR- i "Wi,,-2022 TRANSECTS WALKED tahe,5�rawn� Points Drawing Lines brawing Polygons Drawing Selected Custom Parrels Streets Mapwise County 9nundaries. Panel Outlines 0 59 11a 177 d Copyright 2022 MapWlse. Inc, All rights reserved. Www.mapwise.Com. This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapWise and Its suppliers assume no responsibility for any losses resulting from such use, Packet Pg. 327 9.A.1.e BLACK BEAR CALLS 10/24/2022, 124A6 PM 1.9 028 Pr 0Black Bear Calls I 0.I OI a,z rni 0.1 0.2 0.4 km Flonds Fish and Wildlife Can$eryatlon CDMMi66rpn-Fish and Wildlife Research tnsinute, Unlverslty of South Ronda. County of Collier Fsrl HERE. Garm#n GeoTecltnoiogies, Inc, Inlermap, USGS. METI NASA. EPA. lJSDA Packet Pg. 329 Oisdalmef This graphical represemalron is provided for'ntcnrnationai purposes and should not be tonsidered aulhofklaUve log navigational engineering Iet:r , 9.A.1.e Page I SPECIES LOCATION MAP f,-�, FLORIDA PANTHER FOCUS AREA �"` ferNnirnl [:uYdr C �� are, rI _ Os Al y ♦,� � HshGral�l FnIJ� �, r r t Y � WIAMn f#�ir6ax k 1 � Panther Focus Area •� , . - Prmary Zone ' Secondary Zone ® Dispersal Zone Primary Dispersal ! Expansion Area Original Panther Consultation Area ti•,�. - - - r South of the Caloosahatchee River SFESO Service Area i Dispersal Pathways {Thatcher 20061'. r M ws 3 ��dar FOTG Section II(D)2(a)7(ii) July 2008 Packet Pg. 330 9.A.1.e �TA i i ■ t r� r r E r� _ r r r r N �r w - - - - - -- - - - - - - - - - -�. -/-M_ I I + �- j A i 171 ��l� [n v�� J � U) ;17:- I� o 4— ,— `may (n a � I N Imo..:=�i-- LU Co UI�I� o FBI II i (D C� -D C/) C CD � w Z -q CD D � CD v v w ` o m CDCD n_ rn n C C� o I m Q t (n 77 � `0 10 7-1 i a Packet Pg. 331 9.A.1.e SITE 1 MASTER PLAN CD U) IV 0 0 0 N N O N J d 00 N I* LO N Q 7 Y V R m U d U U d U w 3 c O c Y C 7 to Lf') O O O N N O N J IL IMI w a Packet Pg. 332 uijun(3 - MV000ZZOZ-1d : 8Zti9Z) dn3joe8 3d00 and0 sjnuoa uiMuna 9ti01000ZZOZld - a nv :;uauayoeuv e gyy�m-J MRJ tlJ44\Y-JNVll�tllll[YfS�OQOZZOZInI �VLTi H'iil 5n'i c�nN�'.n w.unn o-nn. ,. uu. M a— O 0 COLLIER BOULEVARD Vr' TAGF ROAD rn 1. dO W W a as wi wLL �� w > couj I a 11 1 L) 1 ®®�, 1 w Li- 01 s LL- z 1-D i m Lu-- i w z al I r= 1 1 uJ co 1 cn i W W(n QQ i N3 JcrLu 1 w� Lu a� it 1 ti ui - w' - - 1 Ir w Z LU Lu Q Q N �-- w Ir N7=FFS WA' W w w ww E. ESTATES RESIDENTIAL ��na ahuNNr_�. M L) cai L C �C a a 0 cq Ey a ~ m cr axLj {s w E- O 4 z O L 9.A.1.e JAB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSP❑RTATIQN ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT Dunkin Donuts Collier Boulevard CPUD (Collier County, Florida) December 27, 2022 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Minor Study) Review Fee = S750.00 Prepared by. JMBTRANSPORTATION EN©INEERINO, ING. 471 1 7TH AVENUE SW NAPLES, FLORIDA 34119 CERTIFICATE OF AUTHORIZATi❑N NO. 37830 (PROJECT No. 221 01 3) Packet Pg. 334 9.A.1.e TABLE OF CONTENTS Conclusions 2 Methodology 5 Scope of Project 6 Table A - Proposed Land Use 6 Master Concept Plan 6.1 Figure 1 - Location Map 6.2 Project Generated Traffic 7 Table B - Net New Site -Generated Trips 7 Table 1 - Trip Generation Computations 7.1 Existing + Committed Road Network S Project Traffic Distribution 8 Area of Significant Impact 8 Figure 2 - Project Traffic Distribution 8.1 Table 2 - Area of Impact/Road Classification 8.2 2022 tbru 2025 Project Build -out Traffic Conditions 9 Table 3 - 2022 & 2025 Link Volumes 9.1 Table 4 - 2025 Link Volumes/Capacity Analysis 9.2 Appendix 10 1 Packet Pg. 335 9.A.1.e Conclusions Based upon the findings of this report, it was determined that the proposed Dunkin Donuts Collier Boulevard CPUD will not have a significant or negative impact upon the surrounding road network. In fact, the project will have a de minimis impact on the adjacent road network (i.e., less than a 1 % impact on any road's adopted capacity standard). It was verified that all roadways, within the project's area of influence, currently have a surplus of capacity and can accommodate the traffic associated with the proposed small-scale retail center. As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. Although the project does not significantly impact any roads or cause any roads to operate below the adopted LOS standard, the Developer will be required to pay for its portion of "consumed" capacity via payment of road impact fees. As set forth by Collier County's Impact Fee Ordinance, the fees are a pro rata assessment towards the funding of area -wide transportation improvements to support new growth. The amount of road impact fees paid per type of land use are determined via a "consumption -based impact fee approach", in. which new development is charged based upon the proportion of vehicle - miles of travel (VMT) that each unit of new development is expected to consume of a lane mile of roadway network. The cost of consumed lane mile is based upon current roadway construction costs within Collier County. Therefore, the payment of road impact fees is the project's pro rata share of funding transportation improvements that are deemed necessary to support the demands generated by new growth. East Central TCMA The project is NOT located within the East Central Transportation Concurrency Management Area (TCMA), but the project will access roads that are within the East TCMA. The following policies (i.e., Policy 5.1 thru 5.3 and 5.6 thru 5.8) of the Growth Management Plan have been acknowledged by the Applicant and have been satisfied as discussed below. Policy 5.1: The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve anypetition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating andlor is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: 2 Packet Pg. 336 9.A.1.e 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. (LX)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. Project Status — Satisfied The project is NOT located within the East Central TCMA. Also, the project does not significantly impact (i.e., 2% or 3% of road's adopted LOS) or negatively impact a road that operates below its adopted level of service. The project will have a de minimis impact (i.e., less than 1% impact) on the adjacent road network. Policy 5.2: Project traffic that is 1 % or less of the adopted peak hour service volume represents a de minimis impact. Authorization of development with a de minimis impact shall be pursuant to Section 163.3180(6), Florida Statutes. Project Status -- Satisfied The project is NOT located within the East Central TCMA. Also, the project has a de rninimis impact (i.e., less than I% impact) on the adjacent road network,. and therefore, no further action is required to address this policy. Policy 5.3: In order to determine vesting, where desired, all previously approved projects must go through a vesting review pursuant to Subsection 10.02.07.B. 7, of the Land Development Code. Project Status — Satisfied The project is NOT located within the East Central TCMA, and the Applicant is not requesting vesting. No further action is required to address this specific policy. Policy 5.6 In order to be exemptfrom link -specific concurrency, developments within the TCMA must provide documentation to the Transportation Planning Section that at least two (2) Transportation Demand Management (TDM) strategies utilized meet the criteria of the LDC. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, , for three (3) years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Packet Pg. 337 9.A.1.e Project Status --- Satisfied The project is NOT located within the East Central TCMA, and the project will have a de minimis impact (i.e., less than 1% impact) on the adjacent road network. The Applicant is not requesting to be exempt from link -specific concurrency, and therefore, no further action is required to address this policy. Policy 5.7 Each TCMA shall maintain 85% of its lane miles at or above the LOS standards described in Policies 1.5.A and 1.5.B of the Capital Improvement Element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 5.3 of the Capital Improvement Element of the Plan. Project Status - Satisfied The project is NOT located within the East Central TCMA. Also, as defined by Collier County's 2022 AUIR, the East Central TCMA has 85% of its north/south and east/west lane miles operating at or above the LOS standards described in Policies 1.5.A. and 1.5.B. of the GMP. No further action is required to address this policy. Policy 5.8 Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link within a TCMA as determined in the most current Annual Update and Inventory Report (A UIR), by more than a de minimis amount (more than 1 % of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in Policy 5.7 of this Element, a proportionate share congestion mitigation payment shall be required as follows: (VI)(IAga. Congestion mitigation payments shall be calculated using the formula established in Section 163.3180(5)(h), Florida Statutes. The facility cost for a constrained roadway link shall be established using a typical lane mile cost, as determined by the Collier County Transportation Administrator, of adding lanes to a similar arealfacility type as the constrained, facility. (V1)b. Congestion mitigation payments shall be utilized by Collier County to add trip capacity within the impacted TCMA, road segment(s) and/or to enhance mass transit or other non -automotive transportation alternatives, which adds trip capacity within the impact fee district or adjoining impact fee district. (VI)c. Congestion mitigation payments under this Policy shall be determined subsequent to a finding of concurrency for a proposed project within a TCMA and shall not influence the concurrency determination process. (VI)(DY d. No impact will be de minimis if it exceeds the adopted LOS standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR-7. Any impact to a hurricane 4 Packet Pg. 338 9.A.1.e evacuation route within a TCMA shall require a proportionate share congestion mitigation payment provided the remaining LOS requirements of the TCM4 are maintained. Project Status - Satisfied The project is NOT located within the East Central TCMA. The only hurricane evacuation route that is directly accessed by the project and is within the East Central TCMA is Pine Ridge Road (Link No. 125), which is forecasted to operate at acceptable LOS per the 2022 AUIR. Therefore, no further action is required to address this policy. Methodology On October 20, 2022, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The $500. 00 methodology meeting fee will be paid at the time of submitting the land use entitlement application. The TIS methodology was reviewed by staff and a copy of the approved methodology is provided in the appendix (refer to pages MI thru Ml 1). 5 Packet Pg. 339 9.A.1.e Scope of Project Dunkin Donuts Collier Boulevard CPUD is a proposed small -wall commercial retail center that will consist of no more than 10,000 square feet of floor space which includes a Dunkin Donuts with Drive-Thru having 1,500 square feet of floor space. The site is located north of Pine Ridge Road and contiguous to the west side of Collier Boulevard, within Collier County, Florida. The project proposes one (1) full access to a two-lane local road (Neffs Way) that provides right-in/out access to Pine Ridge Road and right- in/out access to Collier Boulevard. Table A Pro osed Land Use Proposed Land Use SIC Code Size Mixed Commercial & Retail Use 0742, 4724, 5411, 8,500 s.f. 6331, 7352, 8049 Dunkin Donuts w/ Drive-Thru 5812 1,500 s.£ Total 10,000 s.f. Packet Pg. 340 COLLIER BOULEVARD rn Lu Lu o U) Lu LL z� N J m j-vvN-j- p �o v Id M 0 f � � In m �p o .Y w J Q a 0 • 9 'J N — ZZ) o _-_ -- � _` avow w of p N z '07 ' - - �_ — — �' U i -- ---- ---------- ----------------- w C i W Z X~a --- I 1 o z z w o wQ� : o 1 ow N 1 - z a w Q Qo wl + f Lu LL LL m w Q1 � wLL 1RE 1LL z QI Im o �� d V< cm - - -� J -� Q - -- W -- < - W a_ U �� 1 1 U) W r wl iQ w0 �1 Q ej 00 Q o I W Uv F- 1 1� w =m = 6OU�W I W to UZ o� n ac)o LLJ I L_ _ _ ___ _ _ _ _ _ _ _ - _ z Q 7z U)F- LLJ U) Q O F- wLL w > w - Lu wQLu k �U)LL o� N Q m J _PC- m IC) °� L �s w w w � lQK�: - 1 "° W 4 o ti _ go { 4m a — a a a a a NEFFS WAY WaL W W W E, ESTATES RESIDENTIAL Q z w w J a Q ry W 75 2i 0 U 6. z, Packet Pg. 342 9.A.1.e Project Generated Traffic Traffic that can be expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 1 Ph Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use codes Strip Retail Plaza (LUC 822) and Coffee/Donut Shop w/ Drive-Thru (LUC 937) were most appropriate in estimating the new trips. Table 1 depicts the computations performed in determining the total new trips, which were adjusted to reflect pass -by trips. Table B provides a summary of the trip generation computation results that are shown in Table 1. Table B Site -Generated Trips (Summation of Table 1) Land Use Daily New Weekday Trips Generated ADT New AM Peak Hour Trips Generated v h New PM Peak Hour Trips Generated h Mixed Retail Use 500 19 52 Dunkin Donuts w/ 480 64 29 Drive-Thru Totals 980 83 81 The report concludes that the project will generate less than 100 net new trip ends during the weekday highest peals hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "less than 100 trips", which is defined as a minor study. 7 Packet Pg. 343 9.A.1.e TABLE 1 TRIP GENERATION COMPUTATIONS Dunkin Donuts Collier Boulevard CPUD Code Land Use Description Build Schedule 822 strip Retail Plaza (<40k) 8,500 s.f. 937 Coffee/Donut Shop w/ Drive-thru 1,500 s.f. Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total Trips Trips_Ente_ rfExit LUC 822 Daily Traffic (ADT) = T= 42.20(X)+ 229.68 = 588 ADT < 40 k AM Peak Hour (vph) = Ln(T) = 0.66Ln(X)+1.84 = 26 vph 16 / 10 vph 7-9 AM 60% Enter/ 40% Exit = PM Peak Hour (vph) = Ln(T) = 0.71Ln(X)+2.72 = 69 vph 35 / 34 vph 4-6 PM 50% Enter/ 50% Exit = Pass -by Trips per ITE= Ln(T) =-0.29Ln(X) + 5.00 = 80% 15% Daily Pass -by Rate Per Collier County ADT = Pass -by = 15% ADT and 25% AM & PM 25% AM & PM Pass -by Rate Pass -by Daily Traffic (ADT) = 88 ADT Pass -by AM Peak Hour (vph) = 7 vph 4 / 3 vph Pass -by PM Peak Hour (vph) = 17 vph 9 / 8 vph New Daily Traffic (ADT) = 500 ADT New AM Peak Hour (vph) = 19 vph 11 / 8 vph New PM Peak Hour (vph) - 52 vph 26 / 26 vph LUC 937 Daily Traffic (ADT) _ AM Peak Hour (vph) _ 7-9 AM PM Peak Hour (vph) _ 4-6 PM Pass -by Trips per ITE= 50% T= 533.57(X) _ T= 85.88(X) = 51% Enter/ 49% Exit = T= 38.99(X) _ 50% Enter/ 50% Exit = 800 ADT 129 vph 66 / 63 vph 58 vph 29 / 29 vph 40% Daily Pass -by Rate 50% AM & PM Pass -by Rate Pass -by Daily Traffic (ADT) = 320 ADT Pass -by AM Peak Hour (vph) = 64 vph 32 / 32 vph Pass -by PM Peak Hour (vph) = 29 vph 15 / 14 vph New Daily Traffic (ADT) = 480 ADT New AM Peak Hour (vph) = 64 vph 33 / 31 vph New PM Peak Hour (vph) = 29 vph 14 / 15 vph TOTALS Pass -by Daily Traffic (ADT) = 408 ADT Pass -by AM Peak Hour (vph) = 71 vph 36 / 35 vph Pass -by PM Peak Hour (vph) = 46 vph 24 / 22 vph New Daily Traffic (ADT) = 980 ADT New AM Peak Hour (vph) = 83 vph 45 / 38 vph New PM Peak Hour (vph) = 81 vph 40 / 41 vph Packet Pg. 344 9.A.1.e Existing + Committed Road Network Figure 1 and Table 2 provide a detail of the surrounding E + C roadways. Table 2 also depicts the nearby roadways respective minimum level of service performance standards and capacity. Collier Boulevard is classified as a six -lane divided arterial. The road functions as a primary north/south corridor that extends between Immokalee Road and Marco Island. Within proximity of the site, the posted speed limit of C.R. 951 is 45 MPH. Collier Boulevard (south of Pine Ridge Road) is within the East Central Transportation Concurrency Management Area (TCMA). Pine Ridge Road is classified as a four -lane and a six -lane divided arterial. The road functions as a primary east/west interconnect between the Golden Gate Estates Area and western Collier County. Within proximity of the site, the posted speed limit is 45 MPH. Pine Ridge Road is within the East Central Transportation Concurrency Management Area (TCMA). Project Traffic Distribution The project's traffic was distributed to the surrounding roadway network based upon logical means of ingress/egress; current and future traffic patterns in the area, location of surrounding businesses, competing businesses and residential areas. Figure 2 and Table 2 provide a detail of the traffic distributions based on a percentage of trips generated. Table 2 also depicts the traffic assignments to nearby links. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2 describe the project traffic distributions and the level of impact on the surrounding roadways. Roads that were identified as being within the project's area of impact are shown in Table 2. 8 Packet Pg. 345 9.A.1.e 55% Z a i\ 0 _l v a m O O v m c V) i -o P s 0 O m V O > In 0 fi7 Ol .O I I Pine Ridge Road 25%s ------------------- Green Boulevard / / / // I T v s v 0 0 m m c c 11 th Ave SW o I 13th Ave SW 15th Ave SW I Golden Gate Parkway I f Dunkin Donuts Collier Blvd CPUD October 20, 2022 Vanderbilt Beach Rd NORTH N.T.S. 3� Golden Gate Boulevard ------------------ 9 White Boulevard LEGEND ♦ (0% D PROJECT TRAFFIC DISTRIBUTION BY PERCENT JMTRANSPGRTATION ENGINEERING, INC. Project -Generated FIGURE 2 Traffic Distribution 91 Packet Pg. 346 2 00 §oo & 2 2 Z 2 ƒ- m y/ ■ cow n ## C I a of a 6 Cl k 22A« q5 n �¢ Z b e z u w A D x x / 20 w IL? > 2 41 % £ � 7 z m 3 « a.CLm U � a- _# w wo_ 0. 0- a > LL O uu4-;Lo 2 /% 2 A w a a/ C44 IV a LU t § k k/ E R R \\ \�\\qR F- W -j a. ° w ue �\RwI _ £2 2 q O ❑ 0 _ _ £� w w �$ �■® C)3 /� �2 7 m p f E m � § d { = k/ 30 §� % o c _ \ m 9 \00 G \ m - a. z u 0 a a 0 �. 9.A.1.e 2022 thru 2025 Project Build -out Traffic Conditions In order to establish 2022 thru 2025 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peals direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction factor and annual growth rate were obtained frorn the 2022 Collier County AUIR Report. Using the annual growth rate, the 2025 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2022 AUIR report to the adjusted peak season, peals hour and peak direction traffic counts. The 2025 vested trips "+" background traffic volumes are depicted in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2025 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2022 thru 2025 traffic conditions and the roadways' level of service and remaining available capacity for project build -out conditions. As shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service at project build -out. 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TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT METHODOLOGY REPORT Dunkin Donuts Collier Boulevard CPUD (Collier County, Florida) October 20, 2022 Countv TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Minor Study) Review Fee = S750.00 Prepared by: JMBTRANSPORTATION ENESINEERING, INC. 4711 7TH AVENUE 5W NAPLES, FLORIDA 341 1 9 CERTIFICATE OF AUTHORIZATION NO. 27630 (PROJECT No. 221131 3) D-Zo•2v2.Z— DATE 86❑ `� Packet Pg. 352 9.A.1.e APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:10-20-2022 Time: Location: Collier Cooty Government Offices(North Horseshoe Drive People Attending: Name, Organization, and Telephone Numbers 1) James M. Banks, JMB Transportation Engineering, Inc., 239-919-2767 2) Michael Sawyer, Collier County Government 3) Study Preparer• Preparer's Name and Title: James M, Banks, P.E., President Organization: JMB Transportation Engineering_ Inc. Address & Telephone Number: 4711_7th Avenue SW Naples, Florida 34119 (239)-919- 2767 Reviewers) Reviewer's Name & Title: Michael Sawn Collier County Transportation Division Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: Dunkin Donuts Collier Boulevard CPUD Location: Northwest quadrant of Pine Ridge Road & Collier Blvd Land Use Type: 10,000 s.f. of Commercial Retail includes Dunkin Donuts at 1,500 s.f ITE Code 4: LUC 822 and 937 Proposed number of development units: Commercial Retail — 10,000 s.f. (includes Dunkin Donuts at 1,500 s.f.) Other: Description: Zoning: Existing: Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: See the attached C�tlsersl mbswlpashtoptCpL�IE!?l2?iAt3 Nnxin CanuiS C0AAffv fvd CAUDWelhadafogyRaport.dac M L I Packet Pg. 353 9.A.1.e Study Tyne: Minor TIS Study Area: Boundaries: Based upon the Coup's 2% 2% & 3% im act rule. See attached Additional intersections to be analyzed: None Horizon Year(s): 2025 Analysis Time Period(s): PM Peak Future Off -Site Developments: None Source of Trip Generation Rates: ITE Trip Generation Manual I lth Edition Table 1 Reductions in Trip Generation Rates: Pass -by trips: Refer to Table I Internal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: 2026 per Collier Count 's 5-ye CIE. Methodology & Assumptions_ Non -site traffic estimates: See Attached Site -trip generation: See Table 1 Trip distribution method: Based upon manual assignment (See Figure 2 and Table 2,) Traffic assignment method: Based upon manual assignment Traffic growth rate: Per Collier County historical & current AUIR Reports but not less than 2%_or background or vested trams method, whichever is greater. NOTE: C.IUSersljmhss i)Osk[optCOLLIE0221013 Dunkin Dnnuls Colder Blvd MjDIMefhadoj,)WROpod.doc Al I Packet Pg. 354 9.A.1.e Special Features: (from preliminary study or prior experience) Accidents locations: Sight distance: Queuing: Access location & configuration: Traffic control: Signal system location & progression needs: On -site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study — No Fee Minor Study - $750.00 X Major Study - $1500.00 Includes 2 intersections Additional Intersections - $500.00 each None All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. Reviewers Applicant C;YUssrsy'mbswlDaskiaplCULLlERI22f01� PuAln Oonvfs GuNu+ BNd CPVDV4m0odcrfpgyRepQrt.doc M4 Packet Pg. 355 9.A.1.e z C rR I - a > y W N j 3 m _ m U � � Pine Ridge Road ------------------ 11 th Ave SW 13th Ave SW I 15th Ave SW I Green Boulevard I I o m I 0 mo c ( c I I I I Golden Gate Parkway / I / I oe I de I / I //� I Dunkin Donuts Collier Blvd CPUD October 20, 2022 Vanderbilt Beath Rd NORTH N.T.S. Golden Gate Boulevard ------ ---- White Boulevard 6—LANE ARTERIAL G� � � 4—LANE ARTERIAL/COLLECTOR — — — 2—LANE ARTERIAL 2—LANE COLLECTOR/LOCAL RAIL ROAD — .. �--• %MTRANSPORTATION ENGINEERING, lNC Project Location & FIGURE 1 Roadway Classification ,A cr I Packet Pg. 356 ul)luna - 9VS17000ZZOZ-ld : 8ZbSZ) dnMoe8 OdOO andO s}nuoa uiMun(3 9b5b000ZZOZ-ld - a liv :}uauayoeliv -_uxitlV \1Y9S9Wi/LLUG IdI lNltl 21311 = tiInMN1 NANM F:MMft.— - frfN MN NNVd 9 Lo COLLIER BOULEVARD FRaNv,r,F ROAD w W Vcr- U Qi a a O i i IL U a� > > T }w'�i•j'>'� co > i W r i • i � a • a 9 a s a LJJ O C7 ~ C!J U w �U WZ OZ N LLI z 0 0 w LL U Z aw wU OQ N - w w NEFFS WAY W w w W W E, ESTATES RESIDENTIAL Nt b 9 Q r� T J Q O VJ J Q U Ir W 0 U Al u 9.A.1.e TABLE 1 TRIP GENERATION COMPUTATIONS Dunkin Donuts Collier Boulevard CPUD Code Land Use Description Build Schedule 822 Strip Retail Plaza (<40k) 8,500 s.f. 937 Coffee/Donut Shop w/ Drive-thru 1,500 s.f. Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total Trips Trips Enter/Exit LUC 822 Daily Traffic (ADT) = T= 42.20(X)+ 229.68 = 588 ADT e 40 k AM Peak Hour (vph) = Ln(T) = 0.66Ln(X)+1.84 = 26 vph 16 / 10 vph 7-9 AM 60% Enter/ 40% Exit = PM Peak Hour (vph) = Ln(T) = 0.71Ln(X)+2.72 = 69 vph 35 / 34 vph 4-6 PM 50% Enter/ 50% Exit = Pass -by Trips per iTE= Ln(T) =-0.29Ln(X) + 5.00 = 80% 15% Daily Pass -by Rate Per Collier County ADT = Pass -by = 15% ADT and 25% AM & PM 25% AM & PM Pass -by Rate Pass -by Daily Traffic (ADT) = 88 ADT Pass -by AM Peak Hour (vph) = 7 vph 4 / 3 vph Pass -by PM Peak Hour (vph) = 17 vph 9 / 8 vph New Daily Traffic (ADT) = 500 ADT New AM Peak Hour (vph) = 19 vph 11 / 8 vph New PM Peak Hour (vph) = 52 vph 26 / 26 vph LUC 937 Daily Traffic (ADT) = AM Peak Hour (vph) = 7-9 AM PM Peak Hour (vph) = 4-6 PM Pass -by Trips per JTE= 50% T= 533.57(X) _ T= 85.88(X) = 51% Enter/ 49% Exit = T= 38.99(X) = 50% Enter/ 50% Exit = 800 ADT 129 vph 66 / 63 vph 58 vph 29 / 29 vph 40% Daily Pass -by Rate 50% AM & PM Pass -by Rate Pass -by Daily Traffic (ADT) = 320 ADT Pass -by AM Peak Hour (vph) = 64 vph 32 / 32 vph Pass -by PM Peak Hour (vph) = 29 vph 15 / 14 vph New Daily Traffic (ADT) = 480 ADT New AM Peak Hour (vph) = 64 vph 33 / 31 vph New PM Peak Hour (vph) = 29 vph 14 / 15 vph TOTALS Pass -by Daily Traffic (ADT) = 408 ADT Pass -by AM Peak Hour (vph) = 71 vph 36 / 35 vph Pass -by PM Peak Hour (vph) = 46 vph 24 / 22 vph New Daily Traffic (ADT) = 980 ADT New AM Peak Hour (vph) = 83 vph 45 / 38 vph New PM Peak Hour (vph) = 81 vph 40 / 41 vph JtAl Packet Pg. 358 9.A.1.e z 0 CD 0 m c 0' J O\ Q 57i raw � r Green Boulevard f I v I a m I 0 0 m Ia� o i -- U v a n m 0 QI N I I Pine Ridge Road 2�► 11 th Ave SW 0i0 13th Ave SW 1 Sth Ave SW I v I °a o I m I w I N I C I 7 I Golden Gate Parkway �-_— -------i � I Dunkin Donuts Collier Blvd CPUD Vanderbilt Beach Rd NORTH M.F.S. 3i Golden Gate Boulevard ------------------- 1070► White Boulevard LEGEND 0+ 0%, PROJECT TRAFFIC DISTRIBUTION BY PERCENT %MTRANSPORTATION ENGINEERING, IND Project -Generated I FIGURE 2 Traffic Distribution October 20, 2022 M Packet Pg. 359 u k 00 00 kk£ 2 2 z 2 U) �165yy // S m CO _ ¥ n a# V: rea o # bo CLC + * 22m& qa � $ � � 0 = z u IL a �R ao 7ILC 0 § � § ' z to k « (L a � U £ k / / C4 o IL > LL 0 \kk\\ yJ ° e > 6 CL anm © \ ui N � Lu § § k k 2 R R E E 2/k�qR > K\ -j (L W o }}R±I LUc to f iz 20 x Q 2 / � @ > 2 E 3 m \ § c I Q C 2 -j m q f ƒ CD / 5 .2 / § ) § o _ g $ ■ \ \ $ 2 2 � 0. z k k % ® � e e $ �) f E £ f § ! AACI @ m)lunQ-9 5 000ZZOZ d:BZ SZ dnMo 8 odoo Q ndo #nuoa mMunQ 9 5 OOOZZ Z d-a uV:IuGLULIoellv k k IL \ IL § § �.2 CL m 0 $ 6 " / m ) CD§ a � ■ N m , I to « � k ƒ » U W I k 4 k£> G G § O 2 a ■ " IN > $ � z a J§ / 2 / 0 0 & G & w M � W J § K z z u LO Cq ( = o o \ a 2 / { § § 7-1� N ƒ N \ a R E a m \ § k I o G 2 f 2 # m $ ; � ] C m 2 Q � 2 \ � : f � ) ƒ ffi|� i/ o o In M a 5 i j 2 \ 2 \ c o 6 m CL x > a ) m § { § E o 0 0 } a » m C.")IT k k 2 g \ \ m m / % ■ � � Q \ J r z u Z � � § 2 » ± n I 2 / IL% _ z � / z n « Q CL 7�k=�2 a w iL IL a » § 0 2 m x § m o �\ a o R o v LU > f � u �Z_ J J�Azz k k / \ § § § > CL a 2 \ o a o LO c N o § Cl) to § > \ CL � ƒ R I E m � > m \ d o (D \ \ / ƒ ] \ n n \ 2 ƒ ƒ E ) !! � Fund,aneas oo,—d:e-1 dnyae anaa anda"000990sd auvr APP COLLIER BOULEVARD ` ©V a I Id I I r4,417 '-- _—__-- ---- ----- ---- -- I _ N I I 4RR I r, 4 f N I I II I I ry 11 I l\ •��`� � III INw � I AV AV I I _ I 1 A I I o II _j _r II I I _______________ I II I ------ t I I I I I I ow M,-- O I I I I ��.. -I L I F ----- --- ----p --_ — 4 _--_ I II I ore 4 t o I I I I I � I Ir II I I .�., �� •� I I —.I I II i t I I II II 306 � I I o ----- --— ---- s — .��`�=-- I I I I I I I I I I I I I I I I I I I I I I I I I I I II II I I I I I I I I II I I I I I Q g 0a wZ U Z �w �w zzZ N 062 N r rn w F ¢ Z z ❑ D Za 00 9.A.1.f AFFIDAVIT OF COMPLIANCE Petitions: PL20220004546 — Dunkin Donuts Collier Boulevard CPUD I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliant L Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this January 20, 2023 by Sharon Umpenhour as Senior Planning Technician, who is personally known to me. (Signature of Niotary Public) . ?sp ew ;; CABIN J. DWYER .: .; MY commisSioN # GG 982367 Cann J. Dwyer =: .g EXPIRES: May 14, 2024 y `or F4gp' Bonded Thru NoWry Pll Ic UrAr*i em Printed Name of Notary LLQ- Packet Pg. 364 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20220004546 — Dunkin Donuts Collier Boulevard CPUD In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor), representing Neffs Collier Realty, LLC (Applicant) will be held February 7, 2023, 5:30 pm at the Golden Gate Community Center in Meeting Room B (4701 Golden Gate Pkwy, Naples, FL 34116). Neffs Collier Realty, LLC has submitted a formal application to Collier County, seeking approval of a rezone from E, Estates Zoning District to Commercial Planned Unit Development (CPUD) Zoning District to allow up to 10,000 square feet of commercial land uses consistent with the C-1 through C-3 zoning districts. The property is located within a designated Neighborhood Center. The subject property is comprised of 1.98+/- acres and is located on the northwest quadrant of Pine Ridge Road and Collier Boulevard in Section 15, Township 49 South, Range 26 East in Collier County, Florida. { tj�,_R1 ; " Jr. '. r SCAN F•i ME v If you have questions, contact Sharon Umpenhour with Q. Grady Minor & Associates, P.A. (GradyMinor) by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The Neighborhood Information Meeting is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. Q. Grady minor &Associates, P.A. 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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. 1/20/2023 Subscribed and sworn to before on January 20th, 2023 PUBLICATION COST: $1,008.00 AD NO: GC11006284 CUSTOMER NO: 531419 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD 3X10 NANCY HEYRMAN Notary Public State of Wisconsin Packet Pg. 377 9.A.1.f NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20220004546 - Dunkin Donuts Collier Boulevard CPUD In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor), representing Neffs Collier Realty, LLC (Applicant) will be held February 7, 2023, 5:30 pm at the Golden Gate Community Center in Meeting Room B (4701 Golden Gate Pkwy, Naples, FL 34116). Neffs Collier Realty, LLC has submitted aformal application to Collier County, seeking approval of a rezone from E, Estates Zoning District to Commercial Planned Unit Development (CPUD) Zoning District to allow up to 10,000 square feet of commercial land uses consistent with the C-1 through C-3 zoning districts. The property is located within a designated Neighborhood Center. The subject property is comprised of 1.98+/- acres and is located on the northwest quadrant of Pine Ridge Road and Collier Boulevard in Section 15, Township 49 South, Range 26 East in Collier County, Florida. 7th AVE SW N 7th AVE SW � O I I SUBJECT PROPERTY 1 `m d J f0 Pine Ridge RD m White BLVD 0 V y F y z 11th AVE SW y+ r°fi 11th AVE SW If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinorare not responsible for technical issues. ND-GC11DDG284-01 ullun(3 - 94517000ZZOZld : 8Z45Z) anda s;nuoa uilun(3 jo; s3oa WIN z 0 W a. 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Z J 0 a pq ❑� r a 0 V O jz r-, = DO O LO Lo N N C) N U � M 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript Wayne Arnold: All right. So, good evening, everybody. I'm Wayne Arnold. I'm here representing the applicants, and we're here to talk about rezoning of the small piece of property in the Neighborhood Center just north of, Pine Ridge Road and west of Collier Boulevard. This is Sharon Umpenhour with our firm. She's doing the audio/visuals tonight. We're required by the county to capture a recording of the meeting and then create a transcript so that staff and planning commission and the county commissioners can follow along with what transpired at the meeting. And then, with me tonight, I have Mike Delate, who's the civil engineer from our office that's working on the project, and Jim Banks, the traffic engineer who's, prepared the traffic analysis that's required as part of the rezoning. And then this is Laura DeJohn. Laura is with Johnson Engineering, a consulting firm locally. She's under contract with Collier County to actually review our zoning application. So, she's here to monitor and take in, you know, thoughts. [00:04:00] It's technically the developer's meeting. It's not a county meeting, but we are required to hold a neighborhood meeting as we go through the zoning process. So, we have filed a zoning application. So, the subject property is located just south of the VFW and north of the shopping center and the, uh — the gas station at the northwest corner of Collier Boulevard and Pine Ridge. And the subject property, obviously, you can see is vacant. It's owned — it was owned until recently by a family that had been pretty prominent in Golden Gate and had strategically purchased properties many, many years ago and have become elderly. And so, they're disposing of properties, but this one is in the neighborhood center. So, the Comprehensive Plan for Golden Gate says that this should be allowed for commercial intensity uses up to C3 type commercial. And, so, we are entering that process to change it from estates zoning to a commercial planned development. [00:02:01 ] And the planned unit development is a vehicle which the county prefers that we do instead of just asking for C3 commercial zoning. If we go through the planned unit development zoning, they can tailor — we can end up with a master plan, development for the site, we end up showing where preservation areas are, access points. They can limit and place conditions on the property much easier. It's a planned unit development. So, that's the process we've entered. We submitted the application to Collier County and received comments back. Page 1 of 14 Packet Pg. 391 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript So, we're in the process of responding to the county trying to clarify issues. A couple of them, relate to access as one of those uses. And so, again, the current, property is in the Neighborhood Center for the Golden Gate Estate's master plan, we're asking for up to 10,000 sq. ft. of commercial uses. This is the master plan for Golden Gate. And I'll just highlight that. [00:02:59] So, the property is located here in this little activity center. That's the highlight of it. You can see we're in this northwest node of the Neighborhood Center. It ends just north of the VFW. So, that Neighborhood Center boundary ends right here. So — and — and it comes as these three parcels. And the county — many of you live in the area, the county — this property owner and the others assisted the county in getting the right of way necessary to create a little bypass for the intersection that was critical for their intersection improvements at Collier Boulevard. So, some of the property was taken for that. The property does have access on Neffs Way to the rear. And then an access is what I call a frontage road if you will that's, technically part of Collier Boulevard right away. So, part of what we've done, we've created this master plan again to fix Collier Boulevard up here. Here's what I call the jug handle frontage road. Our access point is located on the south side of the property, and it runs all the way through to Neffs Way. [00:04:02] The connection to Neffs Way is important for the county. There's a connectivity requirement. The county is also asking us to connect an ingress/egress easement here and potentially a stub -out somewhere in this area to the, VFW. They really want connectivity. We kind of disagree with staff on whether or not that's necessary. We'll probably concede to them and make some changes to this master plan to address those. But we think that having the access to the frontage road does provide interconnection throughout the activity center or the Neighborhood Center without the need to provide additional stub - outs in the parking lot. But we'll continue the dialogue with the staff on that. So, the prominent feature here, 10,000 sq. ft. commercial, building maximum. The name of the project is Dunkin' Donuts. So, as you might imagine, Dunkin' Donuts wants to be one of the tenants. We've — I think Mike has worked on almost every Dunkin' Donuts in Southwest Florida for the gentleman that owns all the franchises. And the idea would be that an end cap would be a small Dunkin' Donuts, and then some Page 2 of 14 Packet Pg. 392 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript additional small retail and office space would occupy the balance. [00:05:05] That's showing about 10,000 sq. ft. maximum. Mike, I don't know. I — it's very likely we may develop just under 10,000 sq. ft., but we're asking for a maximum of 10,000 sq. ft. of commercial. Another prominent feature, we are required to do a preservation area in the back of the property along Neffs Way because of the residences along this area. So, other than the driveway connection, we're required to put in a preserve and, landscape buffer. And the county staff is commenting on that and there are requirements for opacity and things that we'll have to maintain. But the county will — they'll write a condition in our zoning document that says we're required to maintain opacity at a certain height. I — Laura will have the numbers — is that a type `B' buffer that's technically required there, essentially. Laura DeJohn: Yes. Tech-, — yeah. Wayne Arnold: Which — Laura DeJohn: Opacity of 10 feet. Wayne Arnold: Which that means really, it's — it's an opaque buffer at six feet in height within a year. So, that means that, you know, we can achieve it with vegetation. We can achieve it with a berm and a wall or wall. But in this case, it's nice vegetation. [00:06:06] We can achieve that with landscape buffering and a preserve in that area. So, again, we have the C3 zoning to the south. We have the Estates and the VFW Post to the north and then our piece in the middle that, we're proposing to rezone. So, we have to establish, the development parameters as part of our project. So, the site's just under two acres in size. And our preservation area is about 15% of the site. We have landscape buffers, and we have the right of way that we owned half of Neffs Way. But we're required to have open space. They've provided us calculations on the master plan as required by the county. And, uh — so, with regard to uses, we've asked for commercial uses of Cl, C2, and C3 intensity, which is what the comprehensive plan says that is allowed in the Neighborhood Center. We specifically called out, eating places that would be greater than 6,000 sq. ft. There's a standard right now in the C3 District that says you're permitted to be 6,000 sq. ft. or less. [00:07:09] We wanted the potential to go larger than that. Staff has questioned Page 3 of 14 Packet Pg. 393 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript that or is in the process of talking about that. Obviously, the Dunkin' Donuts is probably what? 1,500 sq. ft., Mike if that seems to be kind of their average on the small side, so probably not gonna have two restaurants in there. But — so, we'll talk to staff about that. we asked for food stores and a medical equipment rental. And the only phone call I received personally was from somebody who asked what medical equipment rental were. And I said, "Well, some doctor's offices like to also rent wheelchairs and crutches and just, you know, COPD-related devices." So, we've asked for that because it's not a specific permitted use in Cl, 2, or 3. And then we asked for typical accessory uses. We asked for things like courtyards, potential carports for parking, a gazebo. One of the requirements the county has for Golden Gate is that we have to provide an outdoor public space. So, we've made provisions for there to be outdoor spaces, obviously, water management areas. So, these are our development standards, typical for us. [00:08:131 We have a zone height of 30 feet and an actual height of 35 feet. That's pretty consistent with the Estate Zoning District. We're only proposing, really, a single -story commercial opportunity here. So, that's — that's adequate height for us. And, again, you can see the 10,000 sq. ft. maximum square footage in the project. So, just a recap. That's kind of our presentation in a nutshell. I'll tell you sort of where we are. So, we filed our application as I mentioned. We are negotiating back and forth with staff, involved with sufficiency review. Once we're deemed sufficient, they'll schedule us for hearing. And help me, Laura, does this — this is a rezoning, so it's going to go to the Planning Commission and it's going to go to the Board of County Commissioners. So, there will be public hearing signs. I've seen — I'm sure you've seen the 4 x 8 signs around the community. Once a hearing date is established, and if you received notice for this meeting, you'll receive a notice from Collier County indicating that there's an upcoming hearing. And that meeting is eligible for the general public to attend, and you can express, you know, your support, your concerns, ask questions and comments again. [00:09:19] Our plan, you know, it's — it — it may be subject to change. One of the things on our plan that staff has questioned is really this configuration. So, we may agree to just kind of take off the drive- thru configuration so we can continue to work that out and just have a more generic master plan. So, there may be some evolutionary changes here. So, one of the things that we like to do Page 4 of 14 Packet Pg. 394 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript is provide on our website, and Sharon's got her card here. Sharon: Next screen. Wayne Arnold: So, these are some, opportunities for you all to stay connected to the submittals as we dialogue back and forth with the county. So, all the information that we submit to the county will be available for you to review. And then this presentation is on there tonight if you wanna go home and download any of this or look at it, or if you don't feel comfortable downloading and would like Sharon to email the presentation to you, we're happy to do that as well. So, again, Laura's contact information is on there as well. If, you all want to contact the county staff to ask any other questions or status, her information's there too, so I'd encourage you to take a photo of that if you'd like. [00:10:22] And — and, with that, we'll turn it over and happy to try and answer any questions anybody may have. Yes, sir. Male Speaker: What — what permitted uses are on that property now with the current zoning? Wayne Arnold: The current zoning is estates, and that allows for single-family residence. And then through the conditional use, we can go and ask for things like childcare, churches, and a few other ancillary uses. But it's in the Neighborhood Center, so we're eligible for a full range of commercial into C3. Female Speaker: Can you put the, uh — the graph back up of the, uh — of the master plan? Wayne Arnold: This one? Laura: Wayne, I know for the recording, they do like to hear folks say their name. Wayne Arnold: Yeah. And so, if you don't feel comfortable giving your name, they really wanna distinguish whether I'm talking or somebody from the audience is talking. So, if you don't mind prefacing by saying I'm a neighbor or I live in so and so, that would be great. Thank you, Laura. Sarah Peterson: Sarah Peterson. I live right off Neffs Way. Wayne Arnold: You're back here. Page 5 of 14 Packet Pg. 395 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript [00:11:22] Sarah Peterson: Yes. Yeah. So, the proposed driveway coming through Neffs Way, Sarah Peterson: — this enters — pretty much looks directly down our driveway. so, yeah. Wayne Arnold: Let me go back to the aerial just so I can better see that. Sarah Peterson: Yeah. So, where that's, um — Wayne Arnold: So, our driveway connection's about right in this area. Sarah Peterson: Pretty much gonna line up with our driveway. and I will say that Neffs Way cannot handle any more traffic in the morning. It can take up to five minutes to leave Neffs Way when you have, you know — you have your southbound. You have your northbound, and you have your eastbound traffic all flowing constantly, you know, passed Neffs Way. And then you have, like, what, like, 60- 70 yards to hit a merge lane if you wanna keep going down Pine Ridge or if you wanna cross three lanes of traffic, then you got keep on waiting longer. Then you have kind of, like, a gridlock between the people leaving the strip mall and then Neffs Way. The people leaving the strip mall do not stop or look. They just kinda pull out. And so, we've got, you know, people kind of, you know — it gets congested. [00:12:241 I have two sons that drive to school. They wait in line to get out of Neffs Way. My — my husband drives our daughter to school. I mean, we're waiting. She — you know, she pulls out of our second driveway and sometimes has to go through the VFW, and that's like — she's waiting like two traffic lights to even pull out. And that's, like, you know — how are you gonna — and then you have to risk getting hit because traffic is just — you know, in this early - morning, you know, coffee times, it's like — you know, we've got — it's just impossible. This Neffs Way is just a little tiny little road nobody maintains. The amount of garbage we get from the strip mall is insane. And they just leaf blow every week, blowback in the front all along our Neffs Way drive. I mean, people just gonna be throwing, you know, all these coffee cups and donut boxes down Neffs Way. I mean, it's — it's just trashed. And you're gonna put another, you know, establishment there? I don't think — I don't think so. I mean, we have almost three acres of land that's supposed to be secluded. Page 6 of 14 Packet Pg. 396 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript [00:13:25] It's supposed to be serene. We don't want to live behind a Dunkin' Donuts. We do not want this driveway coming down Neffs Way. Wayne Arnold: I understand, but this property is designated to be commercial and has been for almost 20 years. Sarah Peterson: Well, then cut off that drive — I mean, I don't I is my property gonna depreciate in value? Wayne Arnold: I don't know. I wish I could tell you that we can cut off the access to Neffs Way, but I don't think the county — Sarah Peterson: Well, Neffs Way cannot handle it. Too much — Wayne Arnold: I don't the county and the fire department are going to allow us to do that. Sarah Peterson: That Neffs — Neffs Way and our property was knee -day in water after Hurricane Irma — knee deep. And our — we have a low-lying property. Our — the residents next to us, our neighbors, they are up higher than us. We get all of the storm runoff into our yard. Our yard was a lake this summer. Leading up to Ian, it was a lake. And then it dried up for a couple days, and then Ian hit. And it was a lake again. And you're telling me this drive is just gonna be, like, downhill into our — come — all the stormwater coming into my property. [00:14:26] Wayne Arnold: But I'm gonna let Mike Delate spend a couple minutes telling you about stormwater. Sarah Peterson: Yeah. It's good to know a little bit about — yeah, the stormwater. Wayne Arnold: So, Mike, do you wanna describe generally what you're doing here with the stormwater management system? Mike Delate: Sure. Good evening. I'm Mike Delate, with GradyMinor so I grew up in this area, so I'm very familiar with it. the project — this preserve will also act as water management and will be burned off. In Collier County — we've worked with Collier County Stormwater on how to discharge the water. Obviously, we're not just gonna dump it out toward Neffs Way. So, anything collected on site will be run through some pretreatment and then to a bermed water management system. Page 7 of 14 Packet Pg. 397 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript And then the owner's gonna be required to pipe all that stormwater from this site out to the right of way on Pine Ridge Road. There's that swale along there. And that's where the county wants the water discharged. So — so, right along here. So, Neff Way has a drainage easement in it. that pipe will be put in there and the road will be restored after the drainage pipe is put in. [00:15:30] So, there'll be — for a 25-year 3-day storm event, all the water is detained and attenuated onsite prior to discharge, and that will be permitted through Collier County. Wayne Arnold: And then unlike — I would just add that today there is no water management system on the site. So, wherever the water flows, it flows but not controlled. So, what Mike's doing is controlling that in accordance with the Water Management District criteria. Female Speaker: How big is this drainpipe? Mike Delate: it'll be about 15 or 18 inches inside. Sarah Peterson: Yeah, still the — the — the traffic in the morning between 7:00 and 9:00 is crazy. I mean, people can get coffee at the gas station [inaudible] through a market or world bakery. They got pastries and coffee. I mean, it's — I don't know. It just doesn't seem like it's necessary when there's a Dunkin' Donuts just up the road on Vanderbilt, you know. So, it's — yes, we understand you're trying to get your — maximize the, uh, the people coming up White Boulevard and Golden Gate Boulevard, you know. [00:16:36] And Publix is across the street. I mean, it's like — I think this little area is pretty much, you know, to maintain to — to Collier Woods, you know. I think something there would just — would just be a disservice to — to the, uh, residents. Wayne Arnold: Thanks for your comments. Sarah Peterson: But the garbage — I mean, who — I mean, who's gonna maintain that street? I mean, we've had troubles with the strip mall. I mean, the leaf blower will just blow that garbage. We have people parked at — people that park on Neffs Way so they can get to the strip mall and eat or do whatever. They sit in their car. They take little naps. They throw their tires in our yard. They throw their garbage, their paint buckets. I mean, it's amazing how many things we have to clean up from Page 8 of 14 Packet Pg. 398 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript the people that just sit on Neffs Way. I mean, no one's looking. Everybody — and it's apparently legal to leaf blow garbage from one property to the other because I've called. I have proof. I have video. I've called. I've said, "What can — how can I report this?" And they said, "There's nothing we can do." It's apparently legal to do that. So, I don't — you know. [00:4 7:41 ] Wayne Arnold: It seems odd. But I don't know the legal answer to that for you. Sarah Peterson: It is. It seems — but the traffic is dangerous, I mean, coming out from both directions. If you're trying to get back on Collier Boulevard and you have to cross three lanes of traffic and you wanna do a U-turn, that's dangerous. If you wanna pull out in the morning, it's dangerous. Wayne Arnold: I will say that the county staff, in asking for these interconnections would be so that traffic can get directly out to Pine Ridge through an easement that's located here or back out to the frontage road so they can egress back onto Collier Boulevard. Sarah Peterson: But it's — Wayne Arnold: So, there's a distribution of traffic, which is encouraged by the county, and I think it's a positive thing for you. I know that it doesn't make you happy. But it is a positive thing. Sarah Peterson: Well, but it's still some people coming out, you know, by the gas station, yeah. So, then you still have all that traffic you're — and then you have to cut people off to try to get out or if — I hope you have turbo in your car because it's still very dangerous because we have to cross three lanes to do a U-turn. So, it's — I don't know. Wayne Arnold: understood — Sarah Peterson: It doesn't seem like a good — not to mention the homeless people that come around, you know. Is this gonna increase the transients, you know? [00:18:47] I mean, we've had to call the cops three times on homeless people coming into our yard and passing out. I mean, is this gonna be just another little avenue for them so they, you know, hang around? Wayne Arnold: Yes, sir. Page 9 of 14 Packet Pg. 399 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript Male Speaker: With her comment on the traffic. That's our comment. We live on 7th Avenue. Wayne Arnold: Mm-hmm. Male Speaker: And — Wayne Arnold: [Mumbles]. So, you're right here? Male Speaker: Yes. Wayne Arnold: Mm-hmm. Male Speaker: Getting access to Collier to get to Pine Ridge or to go down Collier, in the morning, the traffic will back up from the intersection at Pine Ridge and the turn lane to get into the gas station — Female Speaker: The Circle K. Male Speaker: — backs up past — well past 7th Avenue. And school — uh, when the school bus comes, it's just awful. But we have to sit there and wait until some kind soul will let us get out if — if we had an appointment somewhere else in Naples. [00:19:531 And, yes, we're in the retired group, and we have to make those appointments well after 9:30 in the morning or we may not even get out for a while because we have to sit there and sit there and sit there. The main problem with that traffic is the lights down at Golden Gate Boulevard and then on at Vander, the timing is — you're — you're catch — you know, they catch the light. And they're already back from Vanderbilt. They catch the light at Golden Gate Boulevard. They're all backed up there. That light turns, and then you got that [inaudible] [00:20:331. And, of course, if they would maintain the 25-mph speed limit, you might have a chance to get out. But nobody honors that. They're all going 55 and 70 somewhere in between — 70 mph, blowing down through there. And then, when they hit the — at, like, the turn, it just stacks up. [00:20:571 So — but your fixing donut isn't gonna do — is just complicated beyond belief most likely. And, like she says, the traffic around that gas station. You better have eyes on the back of your head and — because they're just — they just come in and out of there and they don't — you know, it's just — I don't even go there in morning time. Page 10 of 14 Packet Pg. 400 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript So, that's ours. That's our comment too. Wayne Arnold: Okay. Male Speaker: It's just gonna impact traffic beyond — Female Speaker: And then you have buses. Female Speaker: Yeah, the school buses. It's dangerous for the children. Female Speaker: There's kids all up along Pine Ridge and [Inaudible] [00:21:331. Wayne Arnold: Thank you. Yes, sir. Paul Schwinn: Paul Schwinn, here. Where I live, if you go straight north in those three houses up there on 7th Avenue — right there's my house. Wayne Arnold: Okay. Paul Schwinn: so, I can attest that getting out at 7:00 to 9:00 in the morning is murder. My 17-year-old daughter driving — is driving herself now, and — and, uh — Female Speaker: It's — it's murder. I waited like 10 minutes this morning to get out. It was not fun. [00:21:571 Paul Schwinn: So, I get — I — and that's always been the problem. It sounds like you're having a multiuse project here proposed that unlikely, uh, any of those businesses would even be open at that hour other than Dunkin' Donuts. I'm curious as to if there's any studies or historical data as to how much this will increase traffic, if any, because it seems to me that a Dunkin' is not necessarily a destination but it's someplace you stop when you're on your way by. Wayne: I think I would agree with that comment that there's a fairly high, what they call a capture rate. So, they're already on the road. I mean, you may be a Dunkin' lover so you're gonna seek out Dunkin'. My wife's a Starbucks nut, so, I mean, she finds near Starbucks. But one thing she never does is cross the street to get to the Starbucks. She goes up the street to find one that's on the same side of the road that she's heading. So, I think that's kinda human nature. Paul: I guess I'm always — I have a real estate background, so I'm Page 11 of 14 Packet Pg. 401 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript always thinking "Well, what's highest and best use for that property?" Clearly, a house is not. [00:23:03] Wayne: Right. Paul: Nobody's gonna put a house there, I wouldn't think. so, I kind of almost see it as the path of least resistance. I hate seeing a dilapidated, falling down for sale sign on a piece of property in our neighborhood for years. That doesn't look good either. So, I'm kind of ambivalent to it, honestly, one way or another. Wayne Arnold: Yeah. Well, I can assure you — I know traffic is — you know, we do a lot of these meetings around the county, both here and Lee County. And I will say that if there's a meeting that goes by, I don't hear traffic as an issue, there's something really wrong because everybody knows traffic because we all drive it every day. And we experience it, and especially this time of year. It's high season, so the roads are that much more crowded. So, we get it. you know, the county is doing its best to do traffic management. They're continually upgrading their — their signal systems. You know, they're — they've been trying hard for several years to create that Vanderbilt Beach Road Extension to help relieve some of the other East/West traffic. And that, in turn, will change the traffic patterns on Collier Boulevard to some extent as well. [00:24:05] So, those are all things that are in the works. And I know they don't help you immediately. It's your neighborhood concern, but — but there are things in the works. And the county — I mean, if you all have lived there a while, you remember we were going through a period where there were moratoriums because the county didn't want us to develop anything more until the road was six-laned out here on Collier Boulevard. So, while it was under construction, they had moratoriums in place and things like that. So, I mean, it is functioning. It may not be ideal. And it's really busy. I understand that. But it meets the level of service standards that the county has established. And, you know, the — the inconvenience, we all have to put up with it one way or the other, you know, wherever we live in the county it seems like. But, um — yes, sir. Male Speaker: Traditionally, in respect to the drainage, which was always probably the second thing you always hear of now, and traffic, is Page 12 of 14 Packet Pg. 402 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript usually — the drainage situation usually improves with a project like this because the county puts so many stipulations on it. You know, our street pre -Ian a couple months when we had heavy rains, the whole thing was flooded. [00:25:051 Everybody's yards were flooded for weeks. The county's really gotta do something about that. Even though they keep professing they will, we haven't seen it yet. So, it is a problem in that area no question. Wayne Arnold: Yeah. We find that — for a lot of those county roads, and especially in these states, there's so many miles of those roads. The county has a program to maintain the roadside swales, to clear them out, and make sure culverts are cleared. But it just takes so much manpower and so much time to do it because of the volume of — of road miles that they have to service. Thank you. Anything else you all wanna add before we wrap up? Yes, ma'am. Female Speaker: especially after the Hurricane Ian, we had a stack — piles of debris about three or four hundred feet. You know, Neffs Way is just a very narrow road. And when you — when the debris is hanging into the road, then you're down to one lane. So, how's this gonna work? The people wanting to come to the VFW and then — [00:26:05] Female Speaker: And then the events at the VFW. But they have overflow parking at the events at the VFW. Our — Neffs Way is both sides of the street they're parking along. And that's not — this is a tiny street. We can barely get — Male Speaker: I understand that's an ingress/egress easement that is shared by all the parties that abut it. you know, I — Female Speaker: But it's — it's not gonna flow as — as — as everything thinks I will. It's just not. Male Speaker: I understand. I can't control any — Female Speaker: And there has to be some — who's gonna maintain the road because it's — you know, it's — between garbage and debris and all that, you know, parking. Wayne Arnold: I understand. I appreciate your concerns and comments. All right. Well, with that, I guess we'll adjourn the meeting. Thank you all for taking time to come out and stay plugged in. If you all — should Page 13 of 14 Packet Pg. 403 9.A.1.f PL20220004546 Dunkin Donuts CPUD Rezone February 7, 2023 NIM Transcript I go back to the last slide? If anyone wants to take a photo of the contact information or anything, feel free to do that. [End of Audio] Duration: 27 minutes Page 14 of 14 Packet Pg. 404 9.A.1.g From: PadronAilyn Sent: Tuesday, May 16, 2023 9:31 AM To: LauraDeJohnVEN Subject: FW: Ness Way/Collier Blvd Good morning Laura, Please read below. Thank you! Respectfully, Ailyn Padron Management Analyst I C Ot.r Count y Growth Management Community Development Department Operations & Regulatory Management Dmston 2800 North Horseshoe Dr. Naples Florida 34104 Phone:239-252-2400 How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY We appreciate your feedback! From: Charlotte Chase <itsmecac6@gmail.com> Sent: Monday, May 15, 2023 7:01 PM To: PadronAilyn<Ailyn.Padron@colliercountyfl.gov> Subject: Ness Way/Collier Blvd EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. I am not able to attend the meeting in person or on the computer. I want to VOTE NO on the plan to put a Dunkin Donuts on Ness Way and Collier Blvd PL20220004546 Petition Number Packet Pg. 405 9.A.1.g Thank you Charlotte Chase 5th Ave. SW size=2 width="100%" align=center> Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 406 9.A.1.h (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS COUNTY LAND DEVELOPMENT CODE ON THE PL20220004546 Dunkin Donuts Collier Blvd. CPUD Rezone. SIGNATURE OF APPLICANT OR AGENT Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE APPEARED SHARON UMPENHOUR WHO ON OATH REQUIRED BY SECTION 10.03.00 OF THE COLLIER PARCEL COVERED IN PETITION NUMBER(S) 3800 Via Del Rey STREET OR P.O. BOX Bonita Springs, Florida 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 5 day of May , 2023, by Sharon Umpenhour as Senior Planning Technician for O. Grady Minor & Associates, P.A., personally known to me erwhe- p:edueed as .donna; ."^^ and who dkWdid not take an oath. CARIN J. DWYER Signature of Notary Public MY COMMISSION # GG 982367 '.:• EXPIRES: May 14, 2024 Bonded Thru Notary Public Underwriters Carin J. Dwyer Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Packet Pg. 407 9.A.1.h Packet Pg. 408 9.A.2 06/01 /2023 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.2 Doc ID: 25429 Item Summary: PL20230002800 - Golden Gate Golf Course MPUD (PUDA) - An Ordinance amending Ordinance No. 2022-13, the Golden Gate Golf Course Mixed -Use Planned Development (MPUD) by reducing the setback and Greenway on the Public Use Tract if required by the State of Florida for the Veterans' Nursing Home, adding parking lots as a principal use on the Community Facility Tract, and revising the Master Plan. The subject property consisting of 171.E+/- acres, is located on the southwest corner of Golden Gate Parkway and Collier Boulevard in Section 27, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Ray Bellows, Zoning Manager] Meeting Date: 06/01/2023 Prepared by: Title: — Zoning Name: Laura DeJohn 05/05/2023 8:45 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 05/05/2023 8:45 AM Approved By: Review: Planning Commission Diane Lynch Review item Operations & Regulatory Management Donna Guitard Review Item Zoning Ray Bellows Review Item Zoning Diane Lynch Review Item Zoning Mike Bosi Division Director Planning Commission Diane Lynch Additional Reviewer Growth Management and Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Completed 05/17/2023 10:51 AM Completed 05/17/2023 12:02 PM Completed 05/17/2023 4:33 PM Skipped 05/17/2023 6:21 PM Completed 05/18/2023 8:05 AM Completed 05/24/2023 3:47 PM GMD Deputy Dept Head Completed 05/24/2023 6:13 PM 06/01 /2023 9:00 AM Packet Pg. 409 9.A.2.a ier County . %-..� _ STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JUNE 1, 2023 SUBJECT: PL20230002800 — GOLDEN GATE GOLF COURSE MPUD (PUDA) PROPERTY OWNER/AGENT: Owner: Collier County Board of County Commissioners John McCormick, Facilities Director 3335 Tamiami Trail East Naples, FL 34112 Agent: D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 2022-13 which established the Golden Gate Golf Course Mixed Use Planned Unit Development (MPUD) to reduce the minimum setbacks and Greenway width as an alternative greenway design consistent with LDC 5.05.15 on the Public Use Tract if required by the State of Florida for the Veterans' Nursing Home and to add parking lots as a principal use on the Community Facility Tract. GEOGRAPHIC LOCATION: The subject property is located on the southwest corner of Golden Gate Parkway and Collier Boulevard in Section 27, Township 49 South, Range 26 East, Collier County, Florida, consisting of 171.6+/- acres (see Location Map on page 2 and Aerial Image on page 6). 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Positioned along Golden Gate Parkway, the Public Use Tract and Community Facility Tract allow for up to 75,000 square feet of government facilities and 120 group housing units. This request is to revise development regulations if required specific to the proposed State of Florida Veterans' Nursing Home on the Public Use Tract, for the following adjustments: Greenway width reduction: Allow reduction of the Greenway width from 100 feet wide to a minimum of 40 feet on the east side and 20 feet on the west side of the Public Use Tract, provided that a minimum 8-foot tall opaque concrete or masonry wall is installed along the interior edge of the Greenway with Type B buffer plantings on the residential side of the wall. Setback reduction: Allow reduction of principal use setbacks from abutting residential properties from a minimum of 100 feet to a minimum of 40 feet on the east side and 20 feet on the west side of the Public Use Tract, provided that a minimum 8-foot tall opaque concrete or masonry wall is installed along the interior edge of the Greenway with Type B buffer plantings on the residential side of the wall. Parking lot use: The request also includes adding "parking lots" as a permitted principal use on the Community Facility Tract which faces Golden Gate Parkway. This is intended to support a career and technical training center on adjacent property. The schedule for this requested PUD Amendment was authorized by the Board of County Commissioners at its February 14, 2023 meeting based on ongoing coordination with state agencies about the potential building envelop needed to accommodate the Veterans' Nursing Home. See the following page for the PUD Master Plan as proposed to be amended with notations indicating where the Greenway may be reduced on the Public Use Tract. PUDA-PL20230002800; Golden Gate Golf Course PUD Amendment Page 3 of 15 May 16, 2023 Packet Pg. 412 GIBE) uaploJ - OO8Z0OO£ZOZ-ld : 6Zb9Z) £Z9�9 :podaj{:1ejS - vand esanoo IloJ GIBE) uoploE) :;uewyoe}}br J a - W m I � z= LL w E. UJ a. cr u VL U LL1 b MS 7d 1 USZ aU LU �� LU LU >m ULU a z a „ O v� m� M S 0 p w wa o ¢ z p W Z x w Z 2 W u.r w J W w C1 LU Q0 uw p S zLU W a a LU ��rppffJ��e O J G f!c Proposed Amended PUD Master Plan PUDA-PL20230002800; Golden Gate Golf Course PUD Amendment May 16, 2023 _tR i m P� W U j h LkJ {U s(J 74 z s s� w0 4� rL w 2 a yf�, w ev `l Xil H W w V! Q S 4 O *7 LL O L1 w x 4 LL ❑ i= W �^ Q x 3 60 �W LU c L E O€ m s r 33jc, m d L 1 0i a G q . w+ LLJ .1 F {w7NJJ ¢ C ¢¢ w�- z w ❑ C7 e lCd �-C In I-- w W (L s daw U a Z o E JO w LUow zsn< W w3 w fr�a�. C7 0 a 0 17.E r e w�w0 z wQZ¢- w Z� h T W°. M LU ZLLI ac1 LU w zz3❑w L �o 0' N cn Page 4 of 15 9.A.2.a SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property, which is zoned Golden Gate Golf Course MPUD, with ST/W-1, ST/W-2, and ST/W-3 Overlay: North: Golden Gate Parkway and single family homes zoned Residential Single Family- 3 (RSF-3-ST/W-1) and condominium units zoned Residential Tourist (RT-ST/W- 1 and W-2). Beyond Golden Gate Parkway are single and multifamily residential homes, zoned Residential Multi-Family-6 (RMF-6-ST/W-1 and W-2) with Golden Gate Parkway Overlay — Downtown District (GGPOD-DT). East: Collier Boulevard, beyond which are single family homes zoned Estates (E- ST/W-2 and W-3) with one property developed with a restaurant zoned Commercial Convenience (C- 2-ST/W-2 and W-3). South: Single family residences zoned RSF-3-ST/W-1, W-2 and W-3 and Golden Gate Canal, beyond which is undeveloped land zoned Golden Gate Commerce Park PUD in Activity Center #9 with ST/W-3 and W-4 Overlay approved by Ord. Nos. 2000-15 and 2000-41 for a Commercial Tract with 240,000 s.f. retail and 30,000 s.f. office and 150 hotel rooms, and a Residential Tract with up to 343 dwellings at a maximum density of 7 units per acre. West: Single family homes zoned Residential Single Family-3 (RSF-3-ST/W-1). Internal: The Golden Gate Golf Course MPUD has two internal areas that are not part of the MPUD: (1) County maintenance and utility facilities zoned Golf Course and Recreational Use (GC) and (2) Par One multifamily residential community zoned Residential Multi Family-16 (RMF-16). An Aerial Image showing the vicinity is on the following page. PUDA-PL20230002800; Golden Gate Golf Course PUD Amendment Page 5 of 15 May 16, 2023 Packet Pg. 414 9.A.2.a AERIAL IMAGE PUDA-PL20230002800; Golden Gate Golf Course PUD Amendment Page 6 of 15 May 16, 2023 Packet Pg. 415 9.A.2.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The GMP is the prevailing document to support land -use decisions, such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any amendment petition. This petition is consistent with the GMP. Future Land Use Element (FLUE): The subject site is designated on the Golden Gate City Future Land Use Map (GGCFLUM) and in the Golden Gate City Sub -Element of the Golden Gate Area Master Plan Element as Urban, Urban Mixed -Use District, Urban Residential Subdistrict. The Urban Subdistrict is intended to accommodate the majority of population growth. The Urban Mixed -Use District is intended to accommodate a variety of residential and commercial land uses including single-family, multi -family, duplex, and mixed use (Planned Unit Development). The proposed changes do not affect the previously approved uses, densities, or intensities of the project. This petition is consistent with the FLUE of the GMP. Transportation Element: The Transportation Planning staff has reviewed the proposed changes. The changes present no transportation -related issues for consistency. There are no additional uses proposed, no changes to transportation impacts, and no impacts on the adjacent roadways. Therefore, The Transportation Planning staff finds the petition consistent with the GMP. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The proposed changes do not affect any of the environmental requirements of the GMP. GMP Conclusion: The proposed PUD amendment may be deemed consistent with the FLUE of the GMP. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.13.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Review." Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The proposed PUD changes will not affect any of the environmental requirements of the PUD (Ordinance 2022-13). A minimum of 16.45 acres of Greenway will be provided, subject to adjustment if necessary for the narrower Greenway on the Public Use Tract. Environmental Services staff recommends approval of the proposed petition. Landscape Review: The LDC requires a Type B buffer where Public Use abuts residential development. The code required minimum width for Type B buffers is 15 feet. Since there will be a minimum width of 20 feet provided along the West and 40 feet provided along the East, along PUDA-PL20230002800; Golden Gate Golf Course PUD Amendment Page 7 of 15 May 16, 2023 Packet Pg. 416 9.A.2.a with Type B buffer plantings and a wall, the landscape treatment along the East and West will exceed what is required for typical Public Use developments that abut residential developments. Transportation Review: The Transportation Planning staff has reviewed the petition and recommends approval of this request. Utilities Review: Based on coordination with the Public Utilities Department, language has been included in Table I of Exhibit B and in Section 7.B., List of Development Commitments, in Exhibit F in the attached Draft Ordinance, that no plantings or wall shall encroach within the 30-foot utility easement that runs along the eastern and northern boundaries of the Public Use Tract to ensure protection of utilities infrastructure. Zoninz Services Review: Zoning Division staff has evaluated the proposed amendment relative to intensity and compatibility. Also, we reviewed the proposed amendment to development standards. Thorough zoning analysis was completed for review of the rezoning to MPUD (PL20210001047) approved by Ordinance Number 2022-13. The focus of this PUD Amendment is to change Greenway width and setback on the Public Use Tract, and the addition of parking lots as a permitted use on the Community Facility Tract. The Special Treatment Zones ST/W-1 and ST/W- 2 in vicinity of these tracts are not changed by this PUD Amendment request. Both tracts are oriented toward Golden Gate Parkway, a corridor which is envisioned to accommodate a mix of residential and commercial uses. The request will narrow the Greenway dimension and setback along the back yards of single family residences that face 44th Street SW and 43rd Street SW. Per LDC Section 5.05.15.G.2, Greenways are identified as a continuous strip of land set aside for passive recreational uses, such as: open space, nature trails, parks, playgrounds, golf courses, beach frontage, disc golf courses, exercise equipment, and multi -use paths. LDC section 5.05.15.G.2 establishes Greenway design standards, requiring a minimum Greenway area of 35 percent of the ,gross area of the conversion project dedicated to the Greenway, and a minimum Greenway width of a minimum average width of 100 feet and no less than 75 feet at any one location. The LDC also states that the Greenway design shall not include required yards (setbacks) of any individual lots, however setbacks are applied to exterior property lines per the adopted MPUD (Greenway Commitment 7.B. of Exhibit F included with Ordinance 2022-13). LDC Section 5.05.15.H.2. sets forth setback requirements, and non -golf course uses, except for the Greenway, shall provide a minimum average 50-foot setback from lands zoned residential or with residential uses, however the setback shall be no less than 35 feet at any one location. Through ongoing coordination between County representatives and state agencies about the potential building envelop to accommodate the Veterans' Nursing Home, the PUD is being amended to recognize reductions from the underlined LDC standards for Greenway and setbacks. This PUD Amendment results in the adjustments summarized in the table on the following page: PUDA-PL20230002800; Golden Gate Golf Course PUD Amendment Page 8 of 15 May 16, 2023 Packet Pg. 417 9.A.2.a LDC Section PUD citation Standard Requirement Proposed Adjustment 5.05.15.G.2. Less than 35% if PUD Master Plan Greenway 35% of gross area of the Greenway is reduced on Sheet 2 area conversion project Public Use Tract 5.05.15.G.2. No less than 40' on the PUD Exhibit F, Section east side and 20' on the 7.B. & PUD Master Greenway Min. average 100'; no west side of the Public Plan Sheet 1 width less than 75' Use Tract No less than 40' on the Min. average 50' from east side and 20' on the 5.05.15.1-1.2. residential; no less than west side of the Public PUD Exhibit B, Table I Setbacks 30' Use Tract In conjunction with the initial rezoning of the subject property to MPUD (PL20210001047), the project and alternative greenway design were vetted through the Intent to Convert (ITC) application review process, which included stakeholder outreach meetings (SOM) and a summary report as required by the LDC and Collier County's Administrative Code. The concepts of retaining golf and converting a portion of the overall site to support affordable/workforce housing, a potential veterans nursing home, government offices and intermediate commercial uses were discussed with the stakeholders. Alternative pictures of passive recreation improvements for the greenways were presented during the ITC process. The proposed amendments to Greenway width and setbacks on the Public Use Tract have also been presented at a Neighborhood Information Meeting as summarized on page 14 below and documented in Attachment D. At the Board of County Commissioners meeting of April 11, 2023, the BCC voted unanimously to direct staff to study the provisions and implementation challenges of LDC Section 5.05.15, Conversion of Golf Courses, to make improvements and allow greater design flexibility. Staff s recommendations will be brought back for BCC consideration at a future date. The proposed reduction of the Greenway and setbacks is isolated to the Public Use Tract. With the Transportation and Greenway commitments pasted below remaining in PUD Exhibit F, the intent of establishing a Greenway is being maintained. 2. TRANSPORTATION C. To promote walkability, pedestrian connectivity shall be provided between land uses and Collier Boulevard and Golden Gate Parkway. Pedestrian access from the Greenway Tract shall be provided to the " Residential", Public Use", and " Community Facility" project development tracts. 7. GREENWAY A. The passive recreation uses within the Greenway shall be identified at the time of plat or site development plan approval for each conversion project. Such uses may include, open space, nature trails, a park, playground, exercise equipment, and multi- use paths or other passive recreational uses that were vetted at the Stakeholder Outreach Meetings or approved by the Board of County Commissioners. PUDA-PL20230002800; Golden Gate Golf Course PUD Amendment Page 9 of 15 May 16, 2023 Packet Pg. 418 9.A.2.a B. The lighting and building or structure setbacks within the Greenway are subject to LDC section 5. 05. 15 H. Design Standards, however, the minimum average 50- foot setback and no less than 35 feet at any one location from lands zoned residential shall not apply to the shared common tract line between the Greenway tract and any internal conversion project development tract. The setbacks requirements are applicable to the shared common tract line between the Greenway tract and existing surrounding lands zoned residential. C. The County shall be the maintenance entity for the Greenway until such time the Board of County Commissioners elects to assign its responsibility to another entity. At the time of subdivision plat approval, the Greenway shall be recorded as a tract of land along with a recorded restrictive covenant and greenway maintenance easement over the conversion project development tracts, where applicable. Compatibility and protection of abutting uses has been addressed by the additional requirement that if the Greenway is reduced by any amount, an opaque concrete or masonry wall minimum 8- foot tall opaque concrete or masonry wall will be installed along the interior edge of the Greenway with Type B buffer plantings on the residential side of the wall. Per LDC Section 5.05.15.G.2.f., a fence or wall shall provide habitat connectivity to facilitate movement of wildlife in and around the Greenway, however wildlife movement is not applicable given the location of the proposed wall. The amendment to add parking lot as a permitted use in the Community Facility Tract can be found as an appropriate use and location given the tract's orientation to the Golden Gate Parkway corridor and adjacency to the Commercial Tract. 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 request does not change or increase development intensities, so it will not place an additional burden on the surrounding area, traffic access, drainage, sewer, water or other utilities. Based on coordination with the Public Utilities Department, language has been included in Table I of Exhibit B and in Section 7.B., List of Development Commitments, in Exhibit F in the attached Draft Ordinance, that no plantings or wall shall encroach within the 30-foot utility easement that runs along the eastern and northern boundaries of the Public Use Tract to ensure protection of utilities infrastructure. 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. PUDA-PL20230002800; Golden Gate Golf Course PUD Amendment Page 10 of 15 May 16, 2023 Packet Pg. 419 9.A.2.a Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report on page 6. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Compatibility and protection of abutting residences has been addressed by the additional requirement that if the Greenway is reduced by any amount, an opaque concrete or masonry wall minimum 8-foot tall opaque concrete or masonry wall will be installed along the interior edge of the Greenway with Type B buffer plantings on the residential side of the wall. Per LDC Section 5.05.15.G.2.f., a fence or wall shall provide habitat connectivity to facilitate movement of wildlife in and around the Greenway, however wildlife movement is not applicable given the location of the proposed wall. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The standard in LDC Section 5.05.15.G.2. that Greenway area shall be 35% of gross area of the conversion project is proposed to be reduced should the narrower Greenway on the Public Use Tract be needed. The Master Plan indicates the minimum 30% open space requirement will be provided. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. N/A - The request does not change or increase potential development intensities. 7. The ability of the subject property and of surrounding areas to accommodate expansion. N/A - The request does not change or increase potential development intensities. 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 proposed modifications are meeting a public purpose. No new deviations are proposed in connection with this request to amend the MPUD; however, should the setback reduction be applied, Deviation #1 regarding landscape buffers where the Greenway is located would PUDA-PL20230002800; Golden Gate Golf Course PUD Amendment Page 11 of 15 May 16, 2023 Packet Pg. 420 9.A.2.a no longer be applicable and instead an opaque concrete or masonry wall at a minimum height of 8 feet will be installed along the interior edge of the Greenway, with Type B buffer plantings installed on the residential side of the wall. Per LDC Section 5.05.15.G.2.f., a fence or wall shall provide habitat connectivity to facilitate movement of wildlife in and around the Greenway, however wildlife movement is not applicable given the location of the proposed wall. Rezone Findings: LDC Subsection 10.02.08.17 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GMP. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUE and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The amendment does not constitute a change to existing and approved land use patterns. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts The property is currently zoned MPUD and will remain as such. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing district boundaries are logically drawn. This petition does not propose any change to the boundaries of the PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. Through ongoing coordination with state agencies, it has been determined that construction of the Florida State Veteran's Nursing Home may not be feasible unless land dedicated to Greenway and setbacks is reduced. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD Amendment is not anticipated to adversely influence living conditions in the neighborhood. Compatibility and protection of abutting residences has been addressed by the additional requirement that if the Greenway is reduced by any amount, an PUDA-PI20230002800; Golden Gate Golf Course PUD Amendment Page 12 of 15 May 16, 2023 Packet Pg. 421 9.A.2.a opaque concrete or masonry wall minimum 8-foot tall opaque concrete or masonry wall will be installed along the interior edge of the Greenway with Type B buffer plantings on the residential side of the wall. 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. N/A - The request does not change or increase potential development intensities. 8. Whether the proposed change will create a drainage problem. N/A - The request does not change or increase potential development intensities. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed reduction to Greenway width and setback and addition of parking lot as a permitted use will not seriously reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed PUD Amendment is consistent with policies of the Growth Management Plan, so the proposed amendment can be deemed to be in alignment with public welfare and not a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the construction of the proposed State Veterans' Nursing Home may not be feasible without amending the PUD to reduce the minimum setback and Greenway width to accommodate the building. 14. Whether the change suggested is out of scale with the needs of the neighborhood or PUDA-PI-20230002800; Golden Gate Golf Course PUD Amendment Page 13 of 15 May 16, 2023 Packet Pg. 422 9.A.2.a the County. The proposed modifications are isolated to the Public Use Tract Greenway width and setback, and addition of parking lot as a permitted use in the Community Facility Tract. These changes are not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The request does not change or increase potential development intensities. Any development anticipated 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 request does not change or increase potential development intensities. 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. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on May 11, 2023 at the Golden Gate Community Center. The meeting began shortly after 5:30 p.m. and the duration was approximately 12 minutes. Twelve attendees signed in at the meeting. Agent Wayne Arnold gave an introduction and overview of the PUD Amendment request. The following questions and responses were provided about the timeframe of construction, locations of Greenway reduction, and access: • Gary Hartsen, a resident of the Pars condominiums asked for the target timeframe of the Veterans' facility, and Commissioner Burt Saunders responded that the best case scenario would be late 2026 or 2027 ribbon cutting. PUDA-PL20230002800; Golden Gate Golf Course PUD Amendment Page 14 of 15 May 16, 2023 Packet Pg. 423 9.A.2.a Gary Luginbu, also a resident of the Pars condominiums, asked for the locations of the Greenway reduction and Mr. Arnold described the Greenway reduction within the Public Use Tract. Mr. Arnold also clarified for Hector Vilda that the Greenway is on the Golf Course property, no change or reduction is proposed to adjacent private properties. Cece Zenti, a resident of the Pars condominiums asked how traffic will access the nursing home, and Mr. Arnold explained the access is along Golden Gate Parkway. The NIM documentation is included in Attachment D. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on May 5, 2023. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval of the PUDA. Attachments: A) Draft Ordinance B) Ordinance 2022-13, approved April 26, 2022 for the Golden Gate Golf Course MPUD C) Application/Backup Materials D) NIM Documentation PUDA-PL20230002800; Golden Gate Golf Course PUD Amendment Page 15 of 15 May 16, 2023 Packet Pg. 424 ORDINANCE NO.2023 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2022-13, THE GOLDEN GATE GOLF COURSE MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) BY REDUCING THE SETBACK AND GREENWAY ON THE PUBLIC USE TRACT IF REQUIRED BY THE STATE OF FLORIDA FOR THE VETERANS' NURSING HOME, ADDING PARKING LOTS AS A PRINCIPAL USE ON THE COMMUNITY FACILITY USE TRACT, REVISING THE MASTER PLAN, AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 171.E+/- ACRES, IS LOCATED ON THE SOUTHWEST CORNER OF GOLDEN GATE PARKWAY AND COLLIER BOULEVARD IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL202300028001 WHEREAS, on April 26, 2022, the Board of County Commissioners approved Ordinance No. 2022-13, which established the Golden Gate Golf Course Mixed -Use Planned Unit Development (PUD); and WHEREAS, the Board of County Commissioners of Collier County, Florida, desires to amend Ordinance No. 2022-13, the Golden Gate Golf Course MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to Exhibit A, List of Permitted Uses, of the MPUD Document of Ordinance Number 2022-13, Golden Gate Golf Course, as amended. Section H., Community Facility Tract -Principal Uses in Exhibit A attached to Ordinance Number 2022-13, the Golden Gate Golf Course MPUD, is hereby amended as follows: H. COMMUNITY FACILITY USE TRACT — PRINCIPAL USES 1. Group Housing, compliance with 5.05.04 of the LDC, subject to FAR of .60 (see Exhibit E, Deviation #4), including nursing and personal care facilities (8051 — 8059) 2. Non-residential uses including: a. Essential services b. Parks, open space and recreational uses c. Childcare centers [23-CPS-02313/ 1782212/ 1163 Golden Gate Golf Course Text added is underlined, text deleted is sHt+sk thFeugh. 1 of 4 4/4/23 Packet Pg. 425 9.A.2.b d. Community facility uses such as schools, libraries, safety service facilities, and community centers e. Communication and utility facilities f. Parking lots 3. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA") or the Hearing Examiner by the process outlined in the LDC. SECTION TWO: Amendments to Exhibit B, Table I, Public Use Tract Development Standards, of the MPUD Document of Ordinance Number 2022-13, Golden Gate Golf Course, as amended. Table I, Public Use Tract Development Standards of the MPUD attached as Exhibit B to Ordinance Number 2022-13, the Golden Gate Golf Course MPUD, is hereby amended as follows: TABLE 1 PUBLIC USE TRACT DEVELOPMENT STANDARDS at, U'sES A -USE& MINIMUM LOT AREA 10,000 square feet N/A MINIMUM LOT WIDTH 100 feet N/A MINIMUM tr�ABI�� RI�L� From Golden Gate Parkway *1 0 feet 0 feet From Abutting Residential Properties 100 feet *2 50 feet average, however no less than 35 feet at any one location *2 From Greenways 0 feet 0 feet �+l1M�tT i�aptlt�={l��Alj .. Internal Drives (Measured from back of curb) 10 feet 10 feet Lakes (measured from the Lake Maintenance Easement) 5 feet 5 feet MINIMUM DISTANCE BETWEEN STRUCTURES 10 feet 10 feet ' MA3tIMtlM�Ei�I�1T' Zoned 45 feet 35 feet Actual 55 feet 45 feet MINIMUM FLOOR AREA ('FIRST FLOOR) 1,000 square feet N/A *1 All projects providing a front yard setback greater than zero feet must accommodate pedestrians, bicyclists or be designed with a combination of planting, seating and hardscaped areas. [23-CPS-02313/1782212/1163 Golden Gate Golf Course Text added is underlined, text deleted is s*^u^'� . 2 of 4 4/4/23 Packet Pg. 426 9.A.2.b *2 May be reduced to no less than 40 feet on the east side and 20 feet on the west side of the Public Use Tract if required for the Florida State Veterans' Nursing Home. If reduced by any amount, Deviation #1 shall not apply, and owner will install an opaque concrete or masonry wall at a minimum height of 8 feet along the interior edge of the Greenway, with Type B buffer plantings installed on the residential side of the wall. No plantings or wall shall encroach within the 30-foot Utility Easement that runs along the eastern and northern boundaries of the Public Use Tract. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. SECTION THREE: Amendments to Master Plan, Exhibit C, of MPUD Document of Ordinance Number 2022-13, Golden Gate Golf Course, as amended. The Master Plan, previously attached as Exhibit C to Ordinance Number 2022-13, is hereby amended and replaced with Exhibit C attached hereto and incorporated herein. SECTION FOUR: Amendment to Exhibit F, Section 7.B., List of Development Commitments, of MPUD Document of Ordinance Number 2022-13, Golden Gate Golf Course. Section 7.B., List of Development Commitments, attached as Exhibit F to Ordinance No. 2022-13 is hereby amended as follows: B. The lighting and building or structure setbacks within the Greenway are subject to LDC section 5.05.15 H. Design Standards, however, the minimum average 50-foot setback and no less than 35 feet at any one location from lands zoned residential shall not apply to the shared common tract line between the Greenway tract and any internal conversion project development tract. The setbacks requirements are applicable to the shared common tract line between the Greenway tract and existing surrounding lands zoned residential. Notwithstanding the foregoing, the Greenway may be reduced to no less than 40 feet on the east side and 20 feet on the west side of the Public Use Tract if required for the Florida State Veterans' Nursing Home. If reduced by any amount, Deviation 41 shall not apply, and owner will install an opaque concrete or masonry wall at a minimum height of 8 feet along the interior edge of the Greenway, with Type B buffer plantings installed on the residential side of the wall. No plantings or wall shall encroach within the 30-foot Utility Easement that runs along the eastern and northern boundaries of the Public Use Tract. SECTION FIVE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [23-CPS-02313/1782212/1]63 Golden Gate Golf Course Text added is underlined, text deleted is stFuek through. 3 of 4 4/4/23 Packet Pg. 427 9.A.2.b PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of 12023. ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: rX y� Heidi Ashton-Cicko a ol Managing Assistant County Attorney Attachment: Exhibit C — Master Plan BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman [23-CPS-02313/1782212/1163 Golden Gate Golf Course Text added is underlined, text deleted is stmok through. 4/4/23 d ofd Packet Pg. 428 m N a ai VZ ,,�—A vJ O = z w it U) 'OOt CO) LL W z Z W I II MM 0 LL O r wUd wa$ 1 ch .• m S d w w � a m y p W w N� U au acc IL Q as �zd 4 b'M.VYV 131 YJ N3070'J o £-3S2! =a3NOZ o Z F- C%j cY 2 • a ' "� V F- w MS3AVH1SZ t+;,:jIq Li Z uj / V) g Z Y Q U �mz ~W �w coww vz_ 7 UZ mcn �J MS id H16Z at V v~i o W W m O O Z dQ v H a p m R O w > d Z ❑ Q W Q a z o � Z tO ( ❑ ❑ z LL,z of x oc uw F W W - OJ �N i LJc oQ z g ❑ LU L O L J y W W LL >Q OONVa IU p�d vf-a -, , L. W u Q ma W �Oa'wc� W t Zw Jd 05 ci d J Q W W d' as �F;o.. 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D> >_ w0LL a QOWWODOO zUaC� 2m 20 d ZIW� a1WOCY �0XXun- Of 7-�cnm2 n W 2 tya. wIOf � <t O Owa�Owa d wI a p� 0 M (L W U ca a 9.A.2.c ORDINANCE NO. 2022-1 -1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO ALLOW DEVELOPMENT OF THE GOLDEN GATE GOLF COURSE PROJECT BY AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM GOLF COURSE (GC), RESIDENTIAL TOURIST (RT), COMMERCIAL INTERMEDIATE (C-3), AND GENERAL COMMERCIAL (C-4) ZONING DISTRICTS WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-1 THROUGH W-3 (ST/W-1 TO ST/W-3) TO A MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-1 THROUGH W-3 (ST/W-1 TO ST/W-3) FOR A PROJECT TO BE KNOWN AS GOLDEN GATE GOLF COURSE MPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF 30,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON THE COMMERCIAL TRACTS; UP TO 400 RESIDENTIAL DWELLING UNITS ON THE RESIDENTIAL TRACT WITH A MAXIMUM ACTUAL HEIGHT OF 95 FEET; UP TO 75,000 SQUARE FEET OF GOVERNMENT FACILITIES AND 120 GROUP HOUSING UNITS ON THE PUBLIC USE TRACT AND COMMUNITY FACILITY TRACT; AND UP TO 158 HOTEL/MOTEL UNITS AND UP TO 98 TIMESHARE UNITS OR MULTI- FAMILY UNITS AND 60,000 SQUARE FEET OF INTERMEDIATE COMMERCIAL (C-3) USES ON THE RESIDENTIAL TOURIST TRACT WITH A MAXIMUM ZONED HEIGHT OF 100 FEET; AND PROVIDING FOR REPEAL OF ORDINANCE NOS. 84-78 AND 99-56 RELATING TO PRIOR REZONES. THE PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF GOLDEN GATE PARKWAY AND COLLIER BOULEVARD IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 171.6t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20210001047) WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and Jeff Davidson, P.E., representing Collier County, petitioned the Board of County Commissioners to change the zoning classification of the herein described property; and WHEREAS, the Special Treatment Zones ST/W-1 through ST/W-3 are not changed by this rezone. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: (21-CPS-02129/1707478/1]176 1 of2 Golden Gate Golf MPUD 4-26-22 Packet Pg. 431 9.A.2.c SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 49 South, Range 26 East, Collier County, Florida is changed from Golf Course (GC), Residential Tourist (RT), Commercial Intermediate (C-3) and General Commercial (C-4) Zoning Districts within Wellfield Risk Management Special Treatment Overlay Zones W-1 through W-3 (ST/W-1 to ST/W-3) to a Mixed - Use Planned Unit Development (MPUD) Zoning District within Wellfield Risk Management Special Treatment Overlay Zones W-1 through W-3 (ST/W-1 to ST/W-3) for a project to be known as the Golden Gate Golf Course MPUD to allow construction of a maximum of 30,000 square feet of commercial development on the Commercial Tracts, up to 400 residential dwelling units on the Residential Tract, up to 75,000 square feet of government facilities and 120 group housing units on the Public Use Tract and Community Facility Tract, and up to 158 hotel/motel units and up to 98 timeshare units or multi -family units and 60,000 square feet of Intermediate Commercial (C-3) uses on the Residential Tourist Tract, in accordance with Exhibits "A" through "F", attached hereto and incorporated by reference herein. The appropriate 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. 2022 -� becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, -:Florida, this day of 32022. ATTEST -_ CRYSTAL K. KINAL,. CLERK A{�S ''Deptly Clerk t1iC Oi1�Ya Approved as to form and legality: A 14- 1 HeiHi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A — Permitted Uses BOARD OF C MMISSIONERS COLLIER Y FLO A04 C N By: Wil ' L. McDaniel, Jr., Chairman N Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — Requested Deviations from LDC Exhibit F — Developer Commitments This ordinorice filed with the Se reIV 1W jary of " te's Cffic the in�iday of _._. and ocknowledg ent off that Win received this da of ey [21-CPS-02129/1707478/11176 2 of 2 Golden Gate Golf MPUD 4-26-22 Packet Pg. 432 9.A.2.c EXHIBIT A LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMD), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the first Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. MAXIMUM INTENSITY/DENSITY: This MPUD shall be limited to the following: Residential Tract: 400 residential dwelling units Commercial Tract: 30,000 SF Public Use Tract: 75,000 SF government facilities and 120 group housing units* Community Facility Tract: 120 group housing units* Golf Course Tract: Subject to limitations in E and F below Residential Tourist Tract: 158 hotel/motel units and up to 98 time share or multi -family units and 60,000 SF of C-3 commercial uses *A maximum of 75,000 SF government facilities and 120 group housing units shall be permitted for the overall PUD. The uses are subject to a trip cap identified in Exhibit F of this MPUD. Residential development, within the Residential Tract, is subject to an Affordable Housing Agreement between the Developer and Collier County. 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. RESIDENTIAL TRACT— PRINCIPAL USES: 1. Multi -Family residential dwelling units 2. Leasing offices B. RESIDENTIAL TRACT— ACCESSORY USES: 1. Customary accessory uses and structures, such as but not limited to, a clubhouse, pavilions, community gardens and courtyards for residents and their guests. 2. Water management facilities. 3. Indoor and outdoor recreational facilities and uses for residents and their guests, such as but not limited to greenways, swimming pools, playgrounds, and tennis courts. 4. Community center, for residents and their guests 5. Retail services that serve as an integral part of the multi -family development and for residents only, such as a coffee shop, yoga studio or market. 6. Greenways C. PUBLIC USE TRACT— PRINCIPAL USES: 1. Administration of Public Health, Veteran's Affairs, Environmental Quality, Land and Wildlife Conservation, Housing, Urban Planning and Community Development (9431 — 9451, 9511 — 9532, 9611— 9651) (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page I of 18 Packet Pg. 433 9.A.2.c 2. Administrative Service Facilities, General Government Services (9199) 3. Essential services, as defined by the LDC 4. Library 5. Museum 6. Park, Open Space and Recreational Uses, including golf courses and greenways 7. Park and Recreational Service Facilities 8. Property Appraiser Office (9311) 9. Safety Service Facilities 10. Group housing, compliance with 5.05.04 of the LDC, subject to FAR of .60 (see Exhibit E, Deviation #4). D. PUBLIC USE TRACT— ACCESSORY USES: 1. Accessory uses and structures that are incidental to the principal uses permitted in the Public Use Tract. 2. Greenways 3. Water management facilities E. GOLF COURSE TRACT— PRINCIPAL USES: 1. Golf Course 2. Hiking trails, walkways, multi -use paths and observation decks 3. Passive recreational uses F. GOLF COURSE TRACT— ACCESSORY USES: 1. Uses and structures that are incidental to uses listed in the Golf Course Tract. 2. Recreational facilities that serve as an integral part of the golf course, including but not limited to clubhouse, community center, driving range, shuffleboard courts, swimming pool, tennis facilities, snack shops and restrooms. 3. Pro shops with equipment sales, no greater than 1,000 square feet, associated with a golf course. 4. Water management, as allowed by the LDC. 5. Restaurants and driving range, associated with a golf course, 350 seats limited to the restaurant and bar area and provided that the hours of operation are no later than 12:00 a.m. Amplified indoor sound shall be permitted during business hours. The facility is subject to the Collier County Noise Ordinance. 6. Maintenance facilities and buildings. 7. Greenways G. COMMERCIAL TRACTS —PRINCIPAL AND ACCESSORY USES: Parcel A: All permitted principal and accessory uses listed within the C-3 'Commercial Intermediate Zoning District'. Parcel B: All permitted principal and accessory uses listed within the C-4'Commercial General Zoning District'. (Golden Gate Golf Course MPUD PL20210001047) (April21, 2022) Page 2 of IS Packet Pg. 434 9.A.2.c H. COMMUNITY FACILITY USE TRACT— PRINCIPAL USES 1. Group Housing, compliance with 5.05.04 of the LDC, subject to FAR of .60 (see Exhibit E, Deviation #4), including nursing and personal care facilities (8051— 8059) 2. Non-residential uses including: a. Essential services b. Parks, open space and recreational uses c. Childcare centers d. Community facility uses such as schools, libraries, safety service facilities, and community centers. e. Communication and utility facilities 3. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner by the process outlined in the LDC. I. COMMUNITY FACILITY USE TRACT —ACCESSORY USES: 1. Accessory uses and structures that are incidental to the principal uses permitted in the Community Facility Use District. 2. Medical doctor offices, rehabilitation facilities 3. Indoor and outdoor recreational facilities 4. Cafeterias and restaurants for use of residents and guests only. 5. Greenways 6. Water management, as allowed by the LDC. J. RESIDENTIAL TOURIST TRACT —PRINCIPAL USES 1. Multi -family 2. Hotels, motels 3. Time share facilities 4. C-3, Commercial Intermediate Zoning District permitted uses 5. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner by the process outlined in the LDC. K. RESIDENTIAL TOURIST TRACT —ACCESSORY USES: 1. Accessory uses and structures that are incidental to the principal uses permitted in the Residential Tourist and C-3'Commercial Intermediate' Zoning Districts. 2. Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, meeting rooms and auditoriums, where such uses are an integral part of an apartment hotel, hotel or motel. (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page 3 of 18 Packet Pg. 435 9.A.2.c EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standards tables. 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. TABLE I PUBLIC USE TRACT DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 square feet N/A MINIMUM LOT WIDTH 100 feet N/A MINIMUM YARDS (EXTERNAL) From Golden Gate Parkway *1 0 feet 0 feet From Abutting Residential Properties 100 feet 50 feet average, however no less than 3S feet at any one location From Greenways 0 feet 0 feet MINIMUM YARDS (INTERNAL) Internal Drives (Measured from back of curb) 10 feet 10 feet Lakes (measured from the Lake Maintenance Easement) 5 feet 5 feet MINIMUM DISTANCE BETWEEN STRUCTURES 10 feet 10 feet MAXIMUM HEIGHT Zoned 45 feet 35 feet Actual 55 feet 45 feet MINIMUM FLOOR AREA (FIRST FLOOR) 1,000 square feet N/A *1 All projects providing a front yard setback greater than zero feet must accommodate pedestrians, bicyclists, or be designed with a combination of planting, seating and hardscaped areas. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. M N N (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page 4 of 18 Packet Pg. 436 9.A.2.c TABLE II RESIDENTIAL TRACT DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM LOT DEPTH N/A N/A MINIMUM SETBACKS From Collier Boulevard 25 feet 15 feet From Abutting Residential (Western Tract Boundary) *1 80 feet 50 feet average, however no less than 35 feet at any one location From Southern PUD Boundary 25 feet 10 feet From Greenway 0 feet 0 feet From Internal Drives (Measured from the back of curb) 15 feet 15 feet From Lakes (measured from the Lake Maintenance Easement) 0 feet 0 feet MINIMUM DISTANCE BETWEEN STRUCTURES 20 feet 10 feet MAXIMUM HEIGHT Multi -Family: Zoned Actual 45 feet 55 feet 35 feet 45 feet Multi -Family for Seniors: Zoned Actual 85 feet 95 feet 35 feet 45 feet MINIMUM FLOOR AREA (PER UNIT) 600 square feet N/A Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. M N N (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page 5 of 18 Packet Pg. 437 9.A.2.c TABLE III GOLF COURSE TRACT DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM LOT DEPTH N/A N/A MINIMUM SETBACKS *2 From Collier Boulevard 0 feet 50 feet From Western PUD Boundary 0 feet 50 feet average, however no less than 35 feet at any one location From Southern Golf Course Tract Boundary 0 feet 50 feet From Northern Golf Course Tract Boundary 0 feet 50 feet From Greenway 0 feet 0 feet From Internal Drives (Measured from the back of curb) 0 feet 0 feet From Lakes (measured from the Lake Maintenance Easement) 0 feet 5 feet MINIMUM DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT *1 Zoned 35 feet 35 feet Actual 45 feet 45 feet MINIMUM FLOOR AREA N/A N/A *1 Netting and supporting infrastructure for golf driving range are exempt from maximum height limitations listed above but will not exceed 200 feet. Non -parking lot lighting for the driving range will be limited to 60' in height. *2 Clubhouse, maintenance building, driving range, restaurants and pro shop uses shall be a minimum of 50 feet from external residential uses. Pitch and chip practice area and putting greens are not subject to the 50 foot setback. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page 6 of 18 Packet Pg. 438 9.A.2.c TABLE IV COMMERCIAL TRACT DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM LOT DEPTH N/A N/A MINIMUM SETBACKS From Collier Boulevard *1 25 feet 20 feet From Golden Gate Parkway *1, 2 20 feet 20 feet From Western Tract Boundary 15 feet 15 feet From Northern Golf Course Tract Boundary 0 feet 0 feet From Internal Drives (Measured from the back of curb) 10 feet 0 feet From Lakes (measured from the Lake Maintenance Easement) 0 feet 0 feet MINIMUM DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT Zoned 35 feet 35 feet Actual 45 feet 35 feet MINIMUM FLOOR AREA 1,000 SF 1,000 SF *1 All projects providing a front yard setback greater than zero feet must accommodate pedestrians, N bicyclists, or be designed with a combination of planting, seating and hardscaped areas. *2 Parcel B — Zero foot front yard setback N Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it � L is expressly stated in a list of deviations. O (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page 7 of 18 Packet Pg. 439 9.A.2.c TABLE V COMMUNITY FACILITY TRACT DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA N/A N/A MINIMUM LOT WIDTH N/A N/A MINIMUM LOT DEPTH N/A N/A MINIMUM SETBACKS From Collier Boulevard 25 feet 20 feet From Western PUD Boundary *1 100 feet 50 feet From Northern Golf Course Tract Boundary 0 feet 0 feet From Greenway 0 feet 0 feet From Internal Drives (Measured from the back of curb) 10 feet 0 feet From Lakes (measured from the Lake Maintenance Easement) 0 feet 0 feet MINIMUM DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT Zoned 35 feet 35 feet Actual 45 feet 35 feet MINIMUM FLOOR AREA 1,000 SF 1,000 SF *1 Non -Golf Course Uses permitted within the Greenway in accordance with LDC Section 5.05.15 H.2 shall have an average 50 foot setback from abutting residential zoned property and no less than 35 feet at anyone location. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page 8 of 18 Packet Pg. 440 9.A.2.c TABLE VI RESIDENTIAL TOURIST TRACT DEVELOPMENT STANDARDS HOTEL/MOTEL/TIMESHARE/ MULTI -FAMILY USES *3 COMMERCIAL USES *3 PRINCIPAL ACCESSORY PRINCIPAL ACCESSORY MINIMUM LOT AREA 1 Acre N/A 10,000 SF N/A MINIMUM LOT WIDTH 150 feet N/A 75 feet N/A MINIMUM LOT DEPTH N/A N/A N/A N/A MINIMUM SETBACKS From Golden Gate Parkway *1 20 feet 10 feet 25 feet 25 feet From Internal PUD Boundary 0 feet 0 feet 0 feet 0 feet From Southern Golf Course Tract Boundary *2 0 feet 0 feet 0 feet 0 feet From RT Zoned Property 1S feet 0 feet 15 feet 15 feet From Internal Drives (Measured from the back of curb) 10 feet 0 feet 10 feet 10 feet MINIMUM DISTANCE BETWEEN STRUCTURES N/A N/A 10 feet 10 feet MAXIMUM HEIGHT Zoned 100 feet or 10 stories N/A 50 feet 50 feet MINIMUM FLOOR AREA 1,000 SF N/A 700 SF N/A *1 All projects providing a front yard setback greater than zero feet must accommodate pedestrians, bicyclists, or be designed with a combination of planting, seating and hardscaped areas. *2 Golf course tract boundary is not considered a front yard. *3 If redevelopment occurs on the Residential Tourist Tract, with uses permitted within the C-3 zoning district, then the C-3 development standards will be applicable. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page 9 of 18 Packet Pg. 441 0 Y1d YZ:OZ L'Z f ONQ LH-O 11 IHX ODDDD NIMVHO LVOI OOIZOZld NO IAVO 3STnCgjlODDD OODD NINNV7A - NNN ::O N w N Q ? LL Q W J Q wg < m 5 L) m � w $ e I� �w - �w �w pa U w J Z LL o�acLu �n=cwi ov ww wV iv �t-v g pLF m Q a c wa¢ g>Q a¢ a¢ �Z >a 0�Q v V) iaa Ng vl-a >IS wow av A V114)R1V& 31 VO N30700 � Z j r k — - 0 1 ` E-�Sb :a�NOZ �' r O g `" U N a o CN d' I • . 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QQQ} W � OZZ- O Q W M M >�`� QQw Z s QUHh-~Cnp W �W-(�U J J U- J O Ljjpp Epp dam_ w w w w z p W p m J U Q Q p U p � p p Z. F_- U x p� I— Q-- w-- �_C) 0 —J U�OU�00 wwU�w U)00 CL00 W o QOww0�00 z 2p72p ZLU wW� WF—� Q„ w Ow�Ow wC_a- W a-o ~O o` U)U�dU� Q O f- z� 9.A.2.c EXHIBIT D LEGAL DESCRIPTION BEING A PORTION OF BLOCK 1, AND ALL OF TRACT "A", AND TRACT "B", GOLDEN GATE UNIT 1, PLAT BOOK 5, PAGES 60 THROUGH 64, ALL OF TRACT "A" GOLDEN GATE UNIT 8 PART 1, PLAT BOOK 5, PAGES 147 THROUGH 151, AND A PORTION OF TRACT "A", GOLDEN GATE UNIT 8 PART 2, PLAT BOOK 9, PAGES 107A THROUGH 112, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "A", GOLDEN GATE UNIT 1, PLAT BOOK 5, PAGES 60 0 THROUGH 64, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE WEST a RIGHT-OF-WAY OF COLLIER BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY, SOUTH 00°28'56" EAST, A o DISTANCE OF 5,145.44 FEET TO THE SOUTHEAST CORNER OF TRACT "A", GOLDEN GATE UNIT 8 PART 1, D a. PLAT BOOK S, PAGES 147 THROUGH 151, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE BOUNDARY OF SAID TRACT "A" FOR THE FOLLOWING SIX (6) COURSES AND DISTANCES, 1) i SOUTH 87°55'11" WEST, A DISTANCE OF 335.06 FEET; 2) THENCE NORTH 00°29'07" WEST, A DISTANCE OF c 258.71 FEET TO A POINT ON A CURVE TO THE LEFT; 3) THENCE NORTHWESTERLY 79.93 FEET ALONG THE V ARC OF SAID CURVE, HAVING A RADIUS OF 50.00 FEET, A CENTRALANGLE OF 91-35'35", (CHORD BEARING o NORTH 46°16'54" WEST, A DISTANCE OF 71.69 FEET); 4) THENCE SOUTH 87°55'09" WEST, A DISTANCE OF 233.53 FEET; 5) THENCE NORTH 00°29'07" WEST, A DISTANCE OF 1,294.31 FEET TO A POINT ON A CURVE TO THE LEFT; 6) THENCE NORTHWESTERLY 335.72 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 91°35'44", (CHORD BEARING NORTH 46°17'01" WEST, A -0 DISTANCE OF 301.09 FEET) TO A POINT ON THE BOUNDARY OF TRACT "A", GOLDEN GATE UNIT 8 PART 2, PLAT BOOK 9, PAGES 107A THROUGH 112 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY c FOR THE FOLLOWING SEVENTEEN (17) COURSES AND DISTANCES, 1) SOUTH 87°55'09" WEST, A DISTANCE 00 OF 1,404.72 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT; THENCE NORTHERLY 282.64 c FEETALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 712.77 FEET, A CENTRALANGLE OF 22°43'13", Cl) (CHORD BEARING NORTH 12°07'31" WEST, A DISTANCE OF 280.79 FEET); 2) THENCE NORTH 23°29'07" N WEST, A DISTANCE OF 994.26 FEET; 3) THENCE NORTH 66°30'53" EAST, A DISTANCE OF 600.00 FEET; 4) a THENCE SOUTH 23°29'07" EAST, A DISTANCE OF 543.32 FEET TO A POINT ON A CURVE TO THE LEFT; 5) THENCE SOUTHEASTERLY 556.70 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 465.00 FEET, A CENTRAL ANGLE OF 68°35'44", (CHORD BEARING SOUTH 57°47'00" EAST, A DISTANCE OF 524.05 N FEET); 6) THENCE NORTH 87°55'09" EAST, A DISTANCE OF 655.68 FEET TO A POINT ON A CURVE TO THE LEFT; 7) THENCE NORTHEASTERLY 324.02 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF N 210.00 FEET, A CENTRAL ANGLE OF 88-24-14", (CHORD BEARING NORTH 43°43'02" EAST, A DISTANCE OF C1' 292.82 FEET); 8) THENCE NORTH 00°29'07" WEST, A DISTANCE OF 661.52 FEET TO A POINT ON A CURVE 0 TO THE LEFT; 9) THENCE NORTHWESTERLY 219.91 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 60°00'00", (CHORD BEARING NORTH 30°29'07" WEST, A m DISTANCE OF 210.00 FEET); 10) THENCE NORTH 60°29'07" WEST, A DISTANCE OF 715.08 FEET TO A POINT Q ON A CURVE TO THE LEFT; 11) THENCE WESTERLY 194.26 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 53°00 00 , (CHORD BEARING NORTH 86°59 05 WEST, A E DISTANCE OF 187.41 FEET); 12) THENCE SOUTH 66°30'53" WEST, A DISTANCE OF 600.52 FEETTO A POINT ON A CURVE TO THE LEFT; 13) THENCE SOUTHERLY 329.86 FEET ALONG THE ARC OF SAID CURVE, HAVING Q A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 90°00'00", (CHORD BEARING SOUTH 21°30'51" WEST, A DISTANCE OF 296.98 FEET); 14) THENCE SOUTH 23°29'07" EAST, A DISTANCE OF 100.00 FEET; 15) THENCE SOUTH 66°30'53" WEST, A DISTANCE OF 600.00 FEET; 16) THENCE. NORTH 23°29'07" WEST, A DISTANCE OF 25.00 FEET TO A POINT ON A CURVE TO THE RIGHT; 17) THENCE NORTHERLY 487.72 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1,215.00 FEET, A CENTRAL ANGLE OF 23-00-00", (CHORD BEARING NORTH 11°59'06" WEST, A DISTANCE OF 484.45 FEET); THENCE ALONG SAID BOUNDARY AND THE PROLONGATION THEREOF, NORTH 00°29'07" WEST, A DISTANCE OF 1,665.00 FEET TO THE (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page 12 of 18 Packet Pg. 444 9.A.2.c NORTHWEST CORNER OF TRACT "B", GOLDEN GATE UNIT 1, PLAT BOOK 5, PAGES 60 THROUGH 64, OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID TRACT "B" FOR THE FOLLOWING FOUR (4) COURSES AND DISTANCES, 1) NORTH 89°30'53" EAST, A DISTANCE OF 605.00 FEET; 2) THENCE SOUTH 00°29'07" EAST, A DISTANCE OF 475.00 FEET TO A POINT ON A CURVE TO THE LEFT; 3) THENCE SOUTHEASTERLY 329.87 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 90°00'00", (CHORD BEARING SOUTH 45°29'07" EAST, A DISTANCE OF 296.98 FEET) TO A POINT ON THE BOUNDARY OF TRACT "A" OF THE AFOREMENTIONED GOLDEN GATE UNIT 8 PART 2; THENCE ALONG SAID BOUNDARY, NORTH 89°30'53" EAST, A DISTANCE OF 510.00 FEET TO A POINT ON THE BOUNDARY OF TRACT "A" OF THE AFOREMENTIONED GOLDEN GATE UNIT 1, THE SAME BEING A POINT ON A CURVE TO THE LEFT; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES, 1) NORTHEASTERLY 329.87 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 90°00'00", (CHORD BEARING NORTH 44°30'53" EAST, A DISTANCE OF 296.98 FEET); 2) THENCE NORTH 00°29'07" WEST, A DISTANCE OF 475.00 FEET; THENCE NORTH 89°30'53" EAST, A DISTANCE OF 893.76 FEET TO THE NORTHWEST CORNER OF GOLF CREST OF NAPLES, A CONDOMINIUM, OFFICIAL RECORDS BOOK 779, PAGE 358 OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID GOLF CREST OF NAPLES FOR THE FOLLOWING SEVEN (7) COURSES AND DISTANCES, 1) SOUTH 33°25'57" EAST, A DISTANCE OF 101.54 FEET; 2) THENCE SOUTH 07°30'43" WEST, A DISTANCE OF 242.09 FEET; 3) THENCE SOUTH 67°56'47" EAST, A DISTANCE OF 49.29 FEET; 4) THENCE NORTH 89°30'13" EAST, A DISTANCE OF 138.41 FEET; 5) THENCE NORTH 00°29'07" WEST, A DISTANCE OF 190.41 FEET; 6) THENCE NORTH 12°46'13" EAST, A DISTANCE OF 60.02 FEET; 7) THENCE NORTH 00°29'07" WEST, A DISTANCE OF 94.98 FEET TO A POINT ON THE NORTH LINE OF THE AFOREMENTIONED TRACT "A" OF SAID GOLDEN GATE UNIT 1; THENCE ALONG SAID NORTH LINE FOR THE REMAINING TWO (2) COURSES AND DISTANCES, 1) NORTH 89°30'53" EAST, A DISTANCE OF 89.50 FEET; 2) THENCE SOUTH 75°29'07" EAST, A DISTANCE OF 80.23 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT PARCEL BEING THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4098, PAGE 3967 AND PAGE 1131, PAGE 1230 ALSO BEING A PORTION OF TRACT "A", GOLDEN GATE UNIT 8 PART 2, PLAT BOOK 9, PAGES 107A THROUGH 112, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A", GOLDEN GATE UNIT 8, PART 2, PLAT BOOK 9, PAGES 107ATHROUGH 112, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID TRACT "A", SOUTH 00°29'07" EAST, A DISTANCE OF 649.27 FEET; THENCE NORTH 89°30'53" EAST, DEPARTING SAID WEST LINE A DISTANCE OF 336.31 FEET TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1131, PAGE 1230, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG THE BOUNDARY OF SAID LANDS FORTHE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 03°16'23" EAST, A DISTANCE OF 183.92 FEET; 2) THENCE NORTH 10°35'02" EAST, A DISTANCE OF 113.36 FEET TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4098, PAGE 3967 OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID LANDS FOR THE FOLLOWING FIVE (5) COURSES AND DISTANCES, 1) NORTH 00°44'11" WEST, A DISTANCE OF 16.91 FEET; 2) THENCE NORTH 12°22'36" EAST, A DISTANCE OF 31.94 FEET TO A POINT ON A CURVE TO THE LEFT; 3) THENCE NORTHERLY 78.51 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 577.88 FEET, A CENTRAL ANGLE OF 07°47'03", (CHORD BEARING NORTH 08°29'05" EAST, A DISTANCE OF 78.45 FEET); 4) THENCE NORTH 89°15'56" EAST, A DISTANCE OF 89.59 FEET; 5) THENCE SOUTH 00°44'11" EAST, A DISTANCE OF 116.40 FEETTO AN INTERSECTION WITH THE NORTH LINE OF THE AFOREMENTIONED LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1131, PAGE 1230 OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY SAID LANDS FOR ALL OF THE REMAINING COURSES AND DISTANCES, NORTH 89-15-49" EAST, A DISTANCE OF 86.04 FEET; THENCE SOUTH 47°36'49" EAST, A DISTANCE OF 196.55 FEET; THENCE SOUTH (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page 13 of 18 Packet Pg. 445 9.A.2.c 23°14'36" WEST, A DISTANCE OF 104.18 FEET; THENCE SOUTH 00°38'10" EAST, A DISTANCE OF 75.04 FEET; THENCE SOUTH 89°25'14" WEST, A DISTANCE OF 331.54 FEET TO THE POINT OF BEGINNING. RESULTING PARCEL CONTAINING 171.81 ACRES, MORE OR LESS. (Golden Gate Golf Course MPUD PG20210001047) (April 21, 2022) Page 14 of 18 Packet Pg. 446 9.A.2.c EXHIBIT E LIST OF DEVIATIONS Deviation #1: Relief from LDC Section 4.07.02 B.2 PUD "Design Requirements," which requires PUDs to provide landscape buffers along the perimeter of PUD boundaries, to instead require no hedge or wall within the landscape buffers where the greenway is located. Deviation #2: Relief from LDC Section 4.06.02 A "Landscape Buffers," which requires landscape buffers between separate land uses, to instead allow no landscape buffers between separate land uses internal to the PUD. Deviation #3: Relief from LDC Section 4.05.04 G "Parking Space Requirements," to allow a reduction in requirement of off-street parking spaces for consistency with the Golden Gate Parkway Overlay District and to meet actual parking demands. This includes: a. No additional off-street parking required for outdoor dining/seating areas for restaurants. b. If the subject property is within 330' of an improved public transit facility, such as a bus shelter, bus transfer facility, or park and ride site, the required number of off-street parking spaces shall be reduced by 10 percent. c. The affordable housing development shall have the option to reduce the number of off-street parking spaces by 10 percent. d. Parking for hotel uses may be shared with adjacent commercial properties under separate ownership, consistent with the previously approved parking agreement recorded in OR Book 2090, Page 1194. The parking agreement shall remain valid even if the RT parcel is redeveloped. Deviation #4: Relief from LDC Section 5.05.04 D.1., "Group Housing", which requires the maximum floor area ratio (FAR) shall not exceed 0.45 to instead allow an FAR of 0.60 for Group Housing uses within the PUD. (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page 15 of 18 Packet Pg. 447 9.A.2.c EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS The purposed of this Section is to set forth the development commitments for the development of this project. 1. GENERAL A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Collier County. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of their/its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. D. Lights shall be shielded to avoid light spillage into other properties. M E. At the time of Plat or Site Development Plan (SDP) the applicant shall provide errant golf ball N netting or other engineering solution for development in the Golf Course Tract limited to the Golf N Course and Driving Range. This shall include signed and sealed engineering drawings including o but not limited to proposed location layout plans, errant golf ball devise design, and details to insure no golf balls exit the Golf Course Tract. m 2. TRANSPORTATION A. The maximum total daily trip generation for the PUD (excluding RT Tract) shall not exceed 687 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. The maximum total daily trip generation for the RT Tract shall not exceed 234 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. (Golden Gate Golf Course MPUD PG20210001047) (April 21, 2022) Page 16 Packet Pg. 448 9.A.2.c C. To promote walkability, pedestrian connectivity shall be provided between land uses and Collier Boulevard and Golden Gate Parkway. Pedestrian access from the Greenway Tract shall be provided to the "Residential", Public Use", and "Community Facility" project development tracts. D. 4± acres along the eastern MPUD boundary shall be reserved for future Collier Boulevard right- of-way improvements. E. Existing access points for the Commercial and RT Tracts on Golden Gate Parkway shall remain until each site is redeveloped. 3. ENVIRONMENTAL A. TREE PRESERVATION A total of 2,285 trees were found to meet Collier County's tree count criteria, in accordance with LDC Section 3.05.07; therefore, requiring a minimum tree preservation of 571 trees (2,285 existing trees x 25% = 571). Per LDC Section 3.05.07 A.2, trees which die shall be replaced with 10-foot high native canopy trees on a one for one basis. Total tree count for the MPUD = 571 trees Per LDC Section 5.05.15 G.2.e, existing trees shall be preserved and retained within the greenways, or within the golf course, at a minimum ratio of 1 canopy tree per every 2,000 square feet of greenway provided. The total Greenway area provided is 16.45±-acres (716,562 SF); therefore, requiring a total of 358 canopy trees to be retained and/or provided within the greenways (716,562 SF /2,000 SF = 358). The vegetation will be provided concurrent with development of each tract abutting the greenway. B. Best management practices shall be utilized for any use that may store hazardous materials. C. Prior to site clearing activities for each tract, the development footprint will be surveyed for potential listed plant and animal species. If listed species are determined to be present a management plan shall be provided in accordance with agency guidelines. 4. AFFORDABLE HOUSING A. The developer of the Residential Tract has agreed to construct up to 400 rental dwelling units for residents in income and rental ranges as approved by the Collier County Board of County Commissioners in the accompanying Developer Agreement. 5. UTILITIES A. The Owner shall convey a County Utility Easement (CUE) and declaration of restrictions of CUE to the Collier County Water -Sewer District for infrastructure through the property. The CUE and declaration of restrictions of CUE shall be 30 feet in width and shall extend from a point on Collier Boulevard (CR 951) to the northwest corner of the PUD. The CUE and declaration of restrictions of CUE shall be shown on any final subdivision plat and shall be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance, free and clear of all liens and (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page 17 Packet Pg. 449 9.A.2.c encumbrances, within six months of the effective date of this PUD Ordinance. The declaration of restrictions of CUE will be binding on future owners. 6. LANDSCAPING A. Landscape buffers adjacent to Golden Gate Parkway shall only be required for the Commercial and RT Tracts upon redevelopment of each parcel. 7. GREENWAY A. The passive recreation uses within the Greenway shall be identified at the time of plat or site development plan approval for each conversion project. Such uses may include, open space, nature trails, a park, playground, exercise equipment, and multi -use paths or other passive recreational uses that were vetted at the Stakeholder Outreach Meetings or approved by the Board of County Commissioners. B. The lighting and building or structure setbacks within the Greenway are subject to LDC section 5.05.15 H. Design Standards, however, the minimum average 50-foot setback and no less than 35 feet at any one location from lands zoned residential shall not apply to the shared common tract line between the Greenway tract and any internal conversion project development tract. The setbacks requirements are applicable to the shared common tract line between the Greenway tract and existing surrounding lands zoned residential. C. The County shall be the maintenance entity for the Greenway until such time the Board of County Commissioners elects to assign its responsibility to another entity. At the time of subdivision plat approval, the Greenway shall be recorded as a tract of land along with a recorded restrictive covenant and greenway maintenance easement over the conversion project development tracts, where applicable. (Golden Gate Golf Course MPUD PL20210001047) (April 21, 2022) Page 18 packet Pg. 450 9.A.2.c 't"Ail FLORIDA DEPARTMENT Of STATE RON DESANTIS Governor May 2, 2022 Martha S. Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha 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. 2022-13, which was filed in this office on May 2, 2022. Sincerely, Anya Owens Program Administrator ACO/mas R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Packet Pg. 451 9.A.2.d CO V C014ftty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClient5ervices@colliercountyfl.gov www.coiiiercountyfl.gov Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone (PUDZ, PUDA, PUDR) ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 GA of the Administrative Code ® Amendment to PUD (PUDA): LDC subsections 10.02.13 E; and 10.03.06.8; and Ch. 3 G.2 of the Administrative ❑ Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Collier County Board of County Commissioners Name of Applicant if different than owner: Address: 3335 Tamiami Trail East City: Naples Telephone: (239) 252-8347 Cell: E-Mail Address: John.McCormick@colliercountyfl.gov Name of Agent: fi . l i" Firm, Address: Telephone: E-Mail Address: If Property is under contract to be sold: ; Name of Property Buyer(s): Name of Applicant if different than buyer: Address: Telephone: E-Mail Address: Name of Agent: Firm: Address: Telephone: E-Mail Address., City: City: City: Cell: Cell: Cell: State: FL ZIP: 34112 State: ZIP: State: ZIP: State: ZIP: Q 07/2022 Page 1 of 11 Packet Pg. 452 9.A.2.d Coo 7f3Y c01411.ty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone; (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov REZONE REQUEST This application is requesting a rezone from: MpUD Zoning district(s) to the MPUD zoning district(s). Present Use of the Property: golf courselvacant Proposed Use (or range of uses) of the property: Platted Tract B-State Veteran's Nursing Home Original PUD Name: Golden Gate Golf Course MPUD Ordinance No.: 2022-1327 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • If required to do so at the pre -application meeting, the applicant shall submit four (4) copies of a recent survey (completed within the last six (6) months, maximum 1" to 400' scale), and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 27 / 4g /26 Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: 60 See Deed Property I.D. Number: 36560040008 Size of Property: ft. x ft. = Total Sq. Ft. Acres: 13.5 acres of a 165 acre parce Address/ General Location of Subject Property: 4150 Golden Gate Parkway; South side of Golden Gate Parkway east of CR 951 PUD District (refer to LDC subsection 2.03.06 C): ❑ Commercial 0 Mixed Use Residential ❑ Other: ❑ Community Facilities ❑ Industrial 07/2022 Page 2 of 11 Packet Pg. 453 9.A.2.d Co 7ev Couftty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 i Email: GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov ADJACENT ZONING AND LAND USE Zoning Land Use N RMF-6, RSF-3,RMF-12, GGPOD;RMF-3 & C-4 Residential and commercial S RSF-3 and canal Residential and canal E Collier Boulevard ROW and canal Right-of-way and canal W RMF-12, RMF-6, RSF-3, GGPOD; & RSF-3 Residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: 27 / 49 26 Lot:23 Block: Plat Book: 5 272 Subdivision: Golden Gate Unit 8 Part 1 Page #: 149 Property I.D. Number: 36512280007 Metes & Bounds Description: ASSOCIATIONS Complete the following for all registered Home Owner / Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Applicant is responsible for and shall confirm the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Golden Gate Civic Association Mailing Address: 4701 Golden Gate Parkway City: Naples Name of Homeowner / Civic Association: Par One Homeowners Association, Inc. Mailing Address. 4985 Tamiami Trail Fast Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City, Naples City: City: City: State:Fl- ZIP: 34116 State: FL Zip: 34113 State: ZIP: State: ZIP: State: ZIP: 07/2022 Page 3 of 11 Packet Pg. 454 9.A.2.d ;: CO 7OY C..'i014"ty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email; GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov EVALUATION CRITERIA Pursuant to LDC subsections 10.02,13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. C. Conformity of the proposed PUD with the goals, objectives, and policies of the Growth Management Plan, (This is to include identifying what subdistrict, policy, or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy, or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 07/2022 Page 4 of 11 Packet Pg. 455 9.A.2.d CO 7e7 C014-P ty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email; GMDClientServices ce colliercountyfl.gov www.colliercountyfl.gov Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? GMPA PL20210001610 and PUDZ PL20210001047 Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? 1-1 Yes W1 No If so, please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 8 B of the Administrative Code and LDC section 10.03.05. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter S B of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code rewires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning,amendment, or thane fora Rtriod of six 6 months. An application deemed "closed" will not receive further processing, and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees, and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. 07/2022 Page 5 of 11 Packet Pg. 456 9.A.2.d Co ier Oounty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfl.gov NO CHANGES www.colliercountyfl.gov STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s)- Address: Telephone: E-Mail Address: Address of Subject Property (If available): City: Cell: City: State: ZIP: PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: Property I.D. Number: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System ❑ b. City Utility System ❑ Provide Name: C. Franchised Utility System (GPD Capacity): d. Package Treatment Plant Type: e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: ❑ a. County Utility System b. City Utility System ❑ C. Franchised Utility System d. Private System (Well) Total Population to be Served: Peak and Average Daily Demands: A. Water -Peak: B. Sewer -Peak: Provide Name: Average Daily: Average Daily: State: ZIP: 07/2022 Page 6 of 11 Packet Pg. 457 9.A.2.d Co xer County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone; (239) 252-1036 I Email: GMDCIIentServices@colliercountyfl.gov www.colliercountyfl.gov Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. if percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Attach additional pages if necessary. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 07/2022 Page 7 of 11 Packet Pg. 458 9.A.2.d C;O 7eY C01414ty SEE SEPARATE Growth Management Community Development Department DOCUMENT 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCiientServices@colliercountyfl.gov www.col liercou ntyfl.gov COVENANT OF CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for planned unit development ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Signature of Owner Printed Name of Owner Signature of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence or Donline registration this day of , 20—, by or Rhas produced (1i;IJy `,:E.II who is ❑ personally known to me Signature of Notary Public Print Name of Notary Public as identification. 07/2022 Page 8 of 11 Packet Pg. 459 9.A.2.d Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone; (239) 252-1036 1 Email: GMDClient5erv€ces@colliercountyfl.gov www.coII]ercountyff.gov Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G.1 of the Administrative Code Amendment to PUD- Ch. 3 G.2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G.1 of the Administrative Code The following submittal requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please upload the submittal items with cover sheets attached to each section via the GMD Portal. Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIREMENTS REQUIRED NOT REQUIRED Cover Letter with narrative statement including a detailed description of why amendment is necessary El ❑ Completed application with required attachments (download latest version) ✓ Pre -application meeting notes Affidavit of Author€zatian, si ned and notarized ✓ Property Ownership Disclosure Form ✓ Notarized and completed Covenant of Unified Control Completed Addressing Checkli t ✓ Warranty Deed(s) List identifying owner and all parties of corporation Signed and sealed Boundary Survey Architectural rendering of proposed structures Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. ❑ Statement of utility provisions Environmental data requirements pursuant to LDC section 3.08.00 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ Listed or protected species survey, less than 12 months old. include copies of previous surveys. ❑ ❑ Traffic Impact Study (TIS) Historical Survey School Impact Analysis Application, if applicable Electronic copy of all required documents -H Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ *Checklist continues on next page 07/2022 Page 9 of 11 Packet Pg. 460 9.A.2.d ColliewC01411ty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@coiliercountyfl.gov www.colliercountyfl.gov Revised Conceptual Master Site Plan 24" x 36"and one (1) 8 %" x 11" copy Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ Revised PUD document with changes crossed thru & underlined Copy of Official Interpretation and/or Zoning Verification +The following exhibits are to be completed on a separate document and attached to the application packet: • Exhibit A: List of Permitted Uses • Exhibit B. Development Standards • Exhibit C: Master Plan- See Chapter 3 G.1 of the Administrative Code • Exhibit D: Legal Description • Exhibit E: List of Requested LDC Deviations and justification for each • Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)Lc., the applicant must contact the Florida Forest Service at 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS -- INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components) 0 Conservancy of SWFL HUtilities I Engineering LJ Parks and Recreation Director Emergency Management Immokalee Water/Sewer District City of Naples Planning Director Other: City of Naples Utilities Other: SEE REQUIREMENTS ❑✓ Pre -Application Meeting: $500.00 ❑ PUD Rezone: $10,000,00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250,00 ❑✓ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 [✓ Listed or Protected Species Review (when an EIS is not required): $1,000.00 0 Transportation Review Fees: • Methodology Review: $500.00 (Methodology by Email to Staff) *Additional fees to be determined at Methodology Meeting. • Minor Study Review: $750.00 • Major Study Review $1,500.00 ❑✓ Fire Planning Review Fee: ($150 PUDZ) ($125 PUDA, PUDR) 07/2022 Page 10 of 11 Packet Pg. 461 9.A.2.d Co 7eY County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfLgov www.colliercountyfl.gov ❑✓ Estimated Legal Advertising fee: • CCPC: $1,125.00 • BCC: $500.00 Q If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Bearing Examiner hearing date. (Variable) School Concurrency Fee, if applicable: • Mitigation Fees, if application, to be determined by the School District in coordination with the County Ali fees are collected at the time of application, Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners, As the authorized agent/applicant for this petition, l attest that all of the information indicated on this checklist is included in this submittal package. ! understand that follure to include ail necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@coliiercountyfl.gov Signatdare of Petitioner or Agent John McCormick, Facilities Director Printed named of signing party r Date 07/2022 Page 11 of 11 Packet Pg. 462 9.A.2.d CO It -r C01414ty Growth Management Community Development Department 2900 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIIentServices@colliercountyfi.gov www.colliercountyfl.gov COVENANT OF CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Collier County Golden Gate Golf Course 3656004008 4150 Golden Gate Parkway (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for Mlxed-Use planned unit development (M PUD) zoning. We hereby designate ) i i , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property In the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative Identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. S. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance, The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Signature of'Owner Signature of Owner John `McCormick, Facilities Director -Res. 04-347 Printed Name of Owner For Board of County Printed Name of Owner Commissioners STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of "physical presence or online registration this day of 120 23 by John McCormick, Facilities Director who is personally known to me or Flhas produced as identification. EFr SONJASTEPHENSONOMMISSION M 00 U5549 PIRE January2s,2024ihnioEaryPub��EJndeiwrltets gnaure of Notary Public Print Mme of Votary Public 07/2022 Page 8 of 11 Packet Pg. 463 OR 5657 PG 3555 9.A.2.d PCOASTAL CECI Group Services ENGINEERING Coastal and Marine Engineering CONSULTANTS Environmental and Geological Services ,,, . Land and Marine Surrey and Mapping Cf �':,r �fs� INC. Website: www.coastalengineering.com A CECIORO UP COMPANY GOLDEN GATE GOLF COURSE CON V EYANCE TO COLLIER COUNTY PARCEL LEGAL DESCRIPTION !' l TRACT;AN 4,, OLDEN GATE- UNIT 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT B IDOi!(?"PA960TO 64, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND TRACT A, GOLOEN � E-'`ti�}IT 8 PART 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PA KS 147 TO 151, AND TRACT A, GOLDEN GATE- UNIT 8 PART 2, ACCORDING TO THE MAP OR PLAT THEREOF AS RIEC.ORDEQ IN PLAT BOOK 9, PAGES 108 TO 112, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FL�13tpA ; LESS AND EXCEPT PARCECC BEGIN AT A POINT, CORNER NiJOER L 54.50 FEET SOUTH AND 370.13 FEET EAST OF THE NORTHWEST CORNER OF TRACT "A"OFGOLf,( ,•S0gDIVISION,UNIT8,PART2,ASSHOWN ONAPLAT THEREOF RECORDED IN PLAT BOOK 9,PAGES 101-114> CIF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N. 0 DEGREES 15' 04" 11U�1B;9 `F TO CORNER NUMBER 2 ON THE EAST LINE OF AN ACCESS EASEMENT, THENCE RUN N.12 DEGREE, 4 31.94 FEET ALONG SAID EASEMENTTO A POINT OF CURVATURE,TH€NCE RUN NORTHERLY A t) , G HE' RC OF A CURVE TO THE LEFT WHOSE RADIUS IS 577.88 FEET AND WHOSE CENTRAL ANGLE 157 DEG47tyd', FOR AN ARC DISTANCE OF 78.51 FEET TO CORNER NUMBER 3; THENCE N. 89 DEGREES 44' 56" J 9,59 FE TO CORNER NUMBER4; THENCE S. 0 DEGREES 15' 04" E. 116.40 FEET TO CORNER NUMBER 5;TtiE C`E 5 9 DEGREES 44' 56" W. 98.46 FEETTO CORNER NUMBER6; THENCE S. 50 DEGREES 09' 46" W. 14.24 FEETTO C04t RPYM,9FR 1 ANDTHE POINT OF BEGINNING, AND ALSO LESS AND EXCEPT PARCEL (2): A PARCEL OF LAND IN COLLIER COUNTY, FLORIDA, MORE 04hTj UfAO y DESCRIBED AS FOLLOWS AND BEING APART OF THE PLAT OF TRACT A OF GOLDEN GATE t3NifS P ff2{ AS RECORDED IN PLAT BOOK 9, PAGE 107-A, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FL'Oi t1)A, OR1Et PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHWEST CORNER OF TRACT A; THENCE I1JWNlNG SOUTH A DISTANCE OF 649.27 FEET ALONG THE WEST BOUNDARY OF SAID TRACT A; THENCE RUN .1 G:E T $36.31 FEET TO A POINT, SAID POINT BEING ALSO DESCRIBED AS THE POINT OF BEGINNING; EN�.Er UN NORTH 89' 54' 21" EAST, A DISTANCE OF 331,15 FEET TO A POINT; THENCE RUN NORTH 0' 04' 03w 6 T'A-VSTANCE OF 75.04 FEET TO A POINT; THENCE RUN NORTH 23' 43' 43" EAST A DISTANCE OF 104.1tY#ErTO�A POINT; THENCE RUN NORTH ', '),_ 'Y .. 3106 S. HorseshoeDdve� Naples, Florida 34104 *Phone (239) 643-2324 *Fax (239) 643-1143 SFRI7VG COAST,4L C0.11.1rL:V1 TIES 57:VCE 1977 Packet Pg. 464 OR 5657 PG 3556 9.A.2.d Golden Gate Golf Course COASTAL. ENGINEERING CONSULTANTS, INC. CEC File No.19.059 July 8, 2019 Page 2 47° 07' 42" WEST A DISTANCE OF 196.55 FEET TO A POINT; THENCE RUN SOUTH 89° 44156" WEST A DISTANCE OF 184.50 FEETTO A POINT; THENCE RUN SOUTH SO' 09' 46" WESTA DISTANCE OF 14.20 FEET TO A POINT; THENCE RUN SOUTH 110 04' 09" W EST A DISTANCE OF 113.36 FEET TO A POINT; THENCE RUN SOUTH 3'45' 30" WESTA DISTANCE OF 183.92 FEETTO THE POINTOF BEGINNING. AND AJSO LYSS AND EXCEPT PARCEL (3) COIN Vj N I �ATTHE NORTHWEST CORNER OF TRACT I OF SAID GOLDEN GATE UNIT 1, RUNS 00'31'32" E ALONG;lilh(Sl 1 INE OF SAID TRACT I FOR A DISTANCE OF 460.24 FEET TO A POINT OF CURVATURE; THENCE 7$. FEAT LbNG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEES A CENTRAL A LE C! 89�,{ 3'45", A CHORD DISTANCE OF 70.44 FEET, BEARING S45'24'29' -Tp AP.Q1NTlOFTANGENCYANDANINTERSECTIONWITHTHESOUTHLINEOF5AIDTRACTI; THENCE ALONG SAI[7,!'11VF;'N 89°3020" E FOR A DISTANCE OF 149.52 FEET THE POINT OF BEGINNING; THE NCF CONTINUE N 89°3O.2T. FOR A DISTANCE OF 143,25 FEET; THENCE LEAVING SRIp.LINk,S 06 29'40" E FOR A DISTANCE OF 116.67 FEET; THENCE S 89°53'13" t/F+It , ' ISTANCE OF 72.43 FEET; THENCE N 86'S8'47" W FCr A DISTANCE OF 69.02 FEET; THENCE N 02'03'40" E FOR A D(STA CE F 48.97 FEET; A THENCE N 14°13'43" W FOR pi AtVC OF 17.31 FEET; THENCE N 00'29'40" W FORA OI,C 01�,46.23 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES AN AREA COASTAL ENGINEERING FLORIDA BUSINESS ALIT RICHARD 1, EVv NG, ... �W PROFESSIONALS-URVEYO AND MAPPER FLORIDACERTIFICATE:N .5295 NOT VALID WTTH0l TTHE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO.19.059 �q DATE OF SIGNATURE: Y 7,190,871 SQUARE FEET OR 165.08 ACRES OF LAND. 3106 S. Harseihoe Min, Napirs, Florida 34104'Phone (239) 643.2324 •Far (239) 641-1143 •):.fall: SERVING COASTAL COMMUNITIES SINCE f977 Packet Pg. 465 andIM asanoo lIoJ a;e!D uaploJ - OOSZ000£ZOZ-ld : 6ZVSZ) dmjoe8 uoi;eoilddV - 0 j4V :;u9wLj3e44V z Wco 4 o ry a s W q LL W Ili a3J !u�ti & � t� E� fq � i� is.•� � n O r Z Z vl Z Z Z N Z z Z 'z Z }� z LL ft ry 3tJ O a E, n _ 'ou�i �i rn ` m av{q��'1�i�i. o U e� °� N vN N coi n nt�Q7oz m 91 0 tali u� ui EL LLj 11y� Of DI t! 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There are four changes: Exhibit B- Table 1, PUBLIC USE TRACT DEVELOPMENT STANDARDS —ADD ASTERISK AND TEXT AS FOLLOWS: TABLE I PUBLIC USE TRACT DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 square feet N/A MINIMUM LOT WIDTH 100 feet N/A MINIMUM YARDS (EXTERNAL) From Golden Gate Parkway *1 0 feet 0 feet From Abutting Residential Properties ,� 100 feet 50 feet average, however no less than 35 feet at any one location *2 From Greenways 0 feet 0 feet MINIMUM YARDS (INTERNAL) Internal Drives (Measured from back of curb) 10 feet 10 feet Lakes (measured from the Lake Maintenance Easement) 5 feet 5 feet MINIMUM DISTANCE BETWEEN STRUCTURES 10 feet 10 feet MAXIMUM HEIGHT Zoned 45 feet 35 feet Actual 55 feet 45 feet MINIMUM FLOOR AREA (FIRST FLOOR) 1,000 square feet N/A *1 All projects providing a front yard setback greater than zero feet must accommodate pedestrians, bicyclists or be designed with a combination of planting, seating and hardscaped areas. *_ yState's„ ursine Home. _2 May a reduced to 25 feet if required far the N Note: Nothing in this PUD document shall be deemed to approve a deviation form the LDC unless it is expressly stated in a list of deviations. 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N O O O O h O O !n O !n h O v v Lo v M Oo N v v N W h h v- v ^ R v � O o O 0 O 0 O 0 O O 0 O 0 O 0 O 0 M 0 7 O O O O O O O •� •� N �J QO O M O �") O O O O r, Uo rn N ro QD co M ro M v v j Q U h o O N r, ^ o h v 0 O N 0 O N 0 O N o O N O O ^ N o O N o O N O O h O O h h U U U U U U U U V U U U U U U } } Co CO w Z Y K 2 0 U O J N °6 U o a N M d N Y o a O J u Co Q H J W 0 LL n . A3/12(ns V IONx Z O ^- CLL LL U U) W 0 0 z Q 2 U F- LU Y U) L d Z Q J LL O J w U Q d F- Q W N W C7 ZQ NQ0 �/ N 0. I..L i O P J D LL z_O> CO F- U Z Z 0 J=0 z W Z OJ U N Z _O U • V O cc O a' cs 3 V n � 0 � o _ 6] cc Li 6 Lr L � N V . 'pn W C W 5 J 9.A.2.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] 36560040008 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] see attached STREET ADDRESS(ES) where applicable, if already assigned. 4150 Golden Gate Parkway 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 Golden Gate Golf Course MPUD PROPOSED PROJECT NAME Golden Gate Golf Course MPUDA-Veteran's Project PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] PL20210001047 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. 478 OR 5657 PG 3555 9.A.2.d COASTAL ENGINEERING CONSULTANTS INC. A CECI GROUP COMPANY CECI Group Services Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www.coastalengineering.com GOLDEN GATE GOLF COURSE CONVEYANCE TO COLLIER COUNTY PARCEL LEGAL DESCRIPTION TRACTS AWB, GOLDEN GATE- UNIT 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOPI S RAGES 60 TO 64, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 41 AND TRACT A, GOLDEN G 'i"E- U ITS PART 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOKS, PADS 147 TO 151, AND TRACT A, GOLDEN GATE- UNIT 8 PART 2, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGES 108 TO 112, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ' LESS AND EXCEPT PARCEL(: BEGIN AT A POINT, CORNER NUIV(f3ER 1, 54.50 FEET SOUTH AND 370.13 FEET EAST OF THE NORTHWEST CORNER OF TRACT "A" OF GOLDEN GATSUBDIVISION,UNIT 8,PART 2, AS SHOWN ON A PLAT THEREOF RECORDED IN PLAT BOOK 9,PAGES 507-111, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N. 0 DEGREES 15' 04' W.16:9 FEET TO CORNER NUMBER 2 ON THE EAST LINE OF AN ACCESS EASEMENT; THENCE RUN N. 12 DEGREE 1' 43' E;.31.94 FEET ALONG SAID EASEMENT TO A POINT OF CURVATURE,THENCE RUN NORTHERLY ALOAtG'THEARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 577.88 FEET AND WHOSE CENTRAL ANGLE IS 7 DEGRS47 tl3", FOR AN ARC DISTANCE OF 78.51 FEET TO CORNER NUMBER 3; THENCE N. 89 DEGREES 44' 56' E. 9.59 FEET,TO CORNER NUMBER 4; THENCE S. 0 DEGREES 15' 04" E. 116.40 FEET TO CORNER NUMBER 5;TH SA9 DEGREES 44' 56" W. 98.46 FEET TO CORNER NUMBER 6; THENCE S. 50 DEGREES 09' 46" W. 14.20 FEET TO CORNII R NUMBER 1 AND THE POINT OF BEGINNING. AND ALSO LESS AND EXCEPT PARCEL (2): A PARCEL OF LAND IN COLLIER COUNTY, FLORIDA, MORE PARTULARLY DESCRIBED AS FOLLOWS AND BEING APART OF THE PLAT OF TRACT A OF GOLDEN GATE UNI �8, P�Rf 2, AS RECORDED IN PLAT BOOK 9, PAGE 107-A, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLCODA, I' ORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT A; THENCE RUNNING- SOUTH A DISTANCE OF 649.27 FEET ALONG THE WEST BOUNDARY OF SAID TRACT A; THENCE RUNNPGEA$T336.31 FEETTO A POINT, SAID POINT BEING ALSO DESCRIBED AS THE POINT OF BEGINNING; HENCEtUN NORTH 89` 54' 21" EAST, A DISTANCE OF 331.15 FEETTO A POINT; THENCE RUN NORTH O' 09'-03 '"A1 TA,DISTANCE OF 75.04 FEET TO A POINT; THENCE RUN NORTH 23` 43' 43" EAST A DISTANCE OF 104.18 Fj�.O A POINT; THENCE l > ( RUN NORTH It.,:, 3106 S. Horseshoe Drive. Naples, Florida 34104 *Phone (239) 643-2324 *Fax (239) 6, SF_RI7;\'C CCJ:LS7:dL C'O.LLt/(;;Vl"1'IF_'.SSZCCF 1977 a EX BIT W W a V7 J Q Packet Pg. 479 OR 5657 PG 3556 9.A.2.d Golden Gate Golf Course COASTAL ENGINEERING CONSULTANTS, INC. CEC File No. 19.059 July 8, 2019 Page 2 47* 0742" WEST A DISTANCE OF 196.55 FEET TO A POINT; THENCE RUN SOUTH 89* 44'56" WEST A DISTANCE OF 184.50 FEET TO A POINT; THENCE RUN SOUTH 50* 09' 46" WEST A DISTANCE OF 14.20 FEET TO A POINT; THENCE RUN SOUTH 110 04' 09" WEST DISTANCE OF 113.36 FEET TO A POINT; THENCE RUN SOUTH 3* 45' 30" WEST DISTANCE OF 183.92 FEET TO THE POINT OF BEGINNING. AND ALSO LYSS AND EXCEPT PARCEL (3) CONI�tkl AT THE NORTHWEST CORNER OF TRACT I OF SAID GOLDEN GATE UNIT 1, RUN S 00*31'32" E ALON("xTkf ,ES7LINE OF SAID TRACT I FOR A DISTANCE OF 460.24 FEET TO A POINT OF CURVATURE; THENCE 784 FEET LONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE O, $Y*,�3'45", A CHORD DISTANCE OF 70.44 FEET, BEARING S 45*24'29" E- A P&NNt.oF TANGENCY AND AN INTERSECTION WITH THE SOUTH LINE OF SAID TRACT I; THENCE ALONG SAID, NE* 89*30'20" E FOR A DISTANCE OF 149.52 FEETTO THE POINT OF BEGINNING; THENCE CONTINUE N 89"30'20" E FOR A DISTANCE OF 143.25 FEET; THENCE LEAVING SAID LINES 0 '29'40" E FOR A DISTANCE OF 116.67 FEET, THENCE S 89*53'11" W FOR AASTANCE OF 72.43 FEET; THENCE N 86*58'47" W FO�'A DISTANCE OF 69.02 FEET; THENCE N 02*03'40" E FOR A DISTAIIICE'OF 48.97 FEET; THENCE N 14*13'43" W FOR A DI FANCE1OF 17.31 FEET; THENCE N 00*29'40" W FOR A DISTANC OR.46.23 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES AN AREA OF APPRO MATELY 7,190,871 SQUARE FEET OR 165.08 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS INCH FLORIDA BUSINESS AUT RI ION NO.'f'B'2 ; RICHARD J. EWING, V P. PROFESSIONAL SURVEYO AND MAPPER FLORIDA CERTIFICATE N 5295, NOT VALID WITHOUT THE SIGNATURE AND J 'M, THE ORIGINAL RAISED SEAL OF A FLORIDA ° LICENSED SURVEYOR AND MAPPER ;! CEC FILE NO. 19.059 DATE OF SIGNATURE: �' "� 9Al 3106 S. Horseshoe Drive, Naples. Florida 34104 *Phone (239) 643-2324 *Fax (239) 643-1143 *E-mail: SERVING COASTAL COMMUNITIES SINCE 1977 Packet Pg. 480 N Q andW asanoo IloJ WO uaploJ - OOSZ000£ZOZ-ld : 6ZVSZ) dmpeg uoi;eollddd - :D;;b :}uauayoejjv � N O O = z m cc 08 W Z J% LJ � OZ Zm¢zOQ r OU. W-S_\\ O W W W W W W. _ O W W Z O O lL f0 CD Ql R O V r` N Oi I� N O (7 r ZN¢ZW r❑ 0-wi" LO Q to+J d' O "' _ W¢ Q; fqn ox W iA N f0 O .MQ. N V .a C W Z O. 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Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. Q https://maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=LANDSCAPE&paper=LETTER&minX=425692.419432787&minY=6 Packet Pg. 485 9.A.2.d 9,* * * Collier County 9 FL Action Item CENTENNIAL 24266 ecommenda on o direct aff o br ng back an amendmen o the Golden Ga a Golf Course Mixed Use Planned Unit Development, Ordinance No 2022-13, to reduce the etbacks and greenway to allow for the construction of a State Veterans' Nursing Home Information Department: Category: Attachments Printout Executive Summary (Sponsored by Commissioner Saunders) Board of County Sponsors: Commissioners 10 Board of County Commissioners EXECUTIVE SUMMARY Recommendation to direct staff to bring back an amendment to the Golden Gate Golf Course Mixed Use Planned Unit Development, Ordinance No. 2022-13, to reduce the setbacks and greenway to allow for the construction of a State Veterans' Nursing Home. OBJECTIVE: To direct staff to bring back an amendment to the Golden Gate Golf Course Mixed Use Planned Unit Development, Ordinance No. 2022-13. CONSIDERATIONS: On April 26, 2022, the Board of County Commissioners approved the Golden Gate Golf Course Mixed Use Planned Unit Development (PUD) to allow, among other things, for the construction of the State Veterans' Home on the Public Use Tract, as shown on the master plan. Recently, the County was advised that the PUD may need to be amended to reduce the setbacks and greenway to accommodate the building. Although it may well be that reducing the setback is ultimately not required, to give both parties the ability to quickly adjust the building envelope to allow for an appropriate building, I am asking that the PUD be amended to allow for the potential reduction. I am asking that the Board direct Staff to apply for an amendment to the PUD as soon as possible. Due to the State's schedule, the Board is directing staff to expedite the review as follows: 3-1-23 Application Submitted to Growth Management 3-15-23 Staff review of Application is completed 3-16-23 NIM notice is sent and NIM advertisement runs 4-4-23 Neighborhood Information meeting is held 4-5-23 CCPC notice is sent and CCPC advertisement runs 4-20-23 CCPC hearing 5-4-23 BCC ad runs 5-23-23 BCC hearing The subject property is located near the northwest corner of the Golden Gate Golf Course. The amendment will reduce the greenway on the Public Use Tract from 100 feet to 25 feet abutting residential property and reduce the principal setback and accessory setback on the Public Use Tract abutting residential property to 25 feet. Packet Pg. 486 9.A.2.d FISCAL IM AC The cost to file an am ndment to the PUD is approximately $9,000 plus advertising costs of $1600. The costs will be funded by Collier County. [staff could request a reduction of the 9K application fee] GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires an affirmative vote of three for Board approval, understanding that a minimum of 4 votes will be needed to amend the PUD. -JAK RECOMMENDATION: To direct staff to file a petition to amend the Golden Gate Golden Gate Golf Course Mixed Use Planned Unit Development, Ordinance No. 2022-13, follow the schedule set forth in this Executive Summary and bring back an advertised ordinance to amend the PUD by June 1, 2023 after the CCPC makes a recommendation. Prepared by: Burt Saunders, District 3 Discussion 5t) Add Comment Powered by Granicus Packet Pg. 487 9.A.2.e PL20230002800 - Golden Gate Golf Course MPUD Amendment May 11, 2023 NIM Transcript Wayne Arnold: 00:00 Okay, well good evening. I'm Wayne Arnold. I'm with Grady Minor. This is Sharon Umpenhour that also works for us, and she'll be running the audio-visual equipment tonight. We're required by the county's ordinance to record the meeting and create a transcript. So we'll be doing that, and then we'll have some question and answer period. And all we ask is that we ask the question one at a time. We'll try to get a microphone to you so you can ask the questions so everybody can hear. We have a couple of Zoom participants, so we want to make sure that they're able to hear us, as well. 00:44 So I'm going to make a couple of other introductions. We have Mike Bosi in the audience from Collier County. He's in charge of planning and zoning. We have Jennifer Belpedio, who's in charge of real property for the county, and we have Brian Deloney. He's with our facilities management department. And many of you probably know Commissioner Sanders, who's here observing. So we'll do our best to do this. I think there may have been some misconception about what the purpose of the meeting is. We're here for an amendment to the Golden Gate golf course planning unit development, and we're making two minor refinements. One, we're adding parking as a permitted use on the community facility tract, so there could be a standalone parking lot for the County on that property. And then we're also adding a provision that would allow us to modify the greenway provision if the state veteran's home is actually developed on the site. 01:30 So we're not here to talk about the overall golf course development and the status of that. Those are ongoing things that are in process with the county. But we're here to talk about these two specific changes, because we're required to hold the neighborhood informational meeting before we can proceed to a public hearing. So with that, I'm just going to go through a few slides. We made our introductions. This is the subject property for the golf course. I think you all are well aware, but I think many of you are probably in the Par One or near the neighborhood community. So, current zoning is a mixed use plan development. It's still going to be, but we're making the modification to do really couple minor things. We're reducing the setback of Greenway on the public use tract if the veteran's nursing home comes to fruition, which is going through the approval process. We fully expect it to be. 02:22 And then we're adding a parking lot as a principal use in the community facility district. And of course, we also then have to revise the master plan to demonstrate those areas where we're making the changes. So those are really the very minor changes Page 1 of 6 Packet Pg. 488 9.A.2.e PL20230002800 - Golden Gate Golf Course MPUD Amendment May 11, 2023 NIM Transcript that we're making. This was the adopted master plan. And just so we're all clear, this is the tract where the nursing home will likely go. There's another tract that we made provisions for a similar use, but that's where the parking could occur on a separate free- standing tract. All of this, of course, owned by the County except for the hotel tract. That's still separately owned and not a part of anything we're doing tonight. 03:05 So again, Sharon's highlighted for you here the areas where we're making a change. So it's this public use tract, being able to modify these greenways that are reflected here. We would have the ability to reduce the greenway widths in these areas to try to accommodate the veteran's facility. And then of course, this tract is where the parking was still focused. So we put a notation on the master plan reflecting the greenway reduced width for the nursing home, if it becomes to be. So really that, in a nutshell, are our changes. From a procedural standpoint... the quality of the screen is so terrible, I'm not going to land on these. But our last page has some contact information for our firm. And Sharon, we upload the documents that you all can view, or you can contact Sharon. If you take her card, we'll be happy to email any of that information to you. So anything that becomes a public record is something that you have access to. 04:00 So we do have hearing dates already established of the Planning Commission. June 1st is our planning commission hearing date. So if you received a notice for this meeting, you'll receive a notice from Collier County Government regarding the planning commission hearing. There'll be signs that are posted next week on Golden Gate Parkway identifying the dates for these meetings, as well. So our BCC meeting is scheduled for July 11th, and that will be at the BCC chambers. So we're on track to keep these moving forward. It's important changes, because the nursing home review process is going well and we think that there's very good likelihood that they'll land on this site, and we want to make sure that we're ready to go when they are. 04:42 So that, in a nutshell, are changes. Here's the contact information that we have. So you can use the QR code if you prefer. Sharon's email address is there. And we also provided Laura DeJohn, who's the staff planner helping. Her contact information is here. It's got her direct dial number as well as her email address if you want to reach out to her directly for copies of any of the documents that we have. So in a nutshell, that's it. So I'll be happy to take any questions that you might have. Speaker 2: 05:12 You want to do that? Page 2 of 6 Packet Pg. 489 9.A.2.e PL20230002800 - Golden Gate Golf Course MPUD Amendment May 11, 2023 NIM Transcript Speaker 6: 05:12 Yeah. Speaker 2: 05:12 Okay. Wayne Arnold: 05:20 And if I could, just so it's clear when we have the transcript, the planning commission members especially like us to identify who's speaking. And if you don't feel comfortable giving your name, just say, "I'm a neighbor" or something just so they know you're not me on the transcript. Gary Hartsen: 05:34 I'm not him. I'm Gary Hartsen. I live in the Pars next door, or not far from here. My question is, you mentioned that you have full faith that the VA facility will get here. Do you have a target time? That's all. It's kind of been up in the air. Wayne Arnold: 05:49 Commissioner, do you have an answer for that? I don't know a timeframe, really. Burt Sanders: 05:53 Just for the record, Burt Sanders. We will be meeting with the Florida Department of Veteran's Affairs in a workshop in the county commission chambers on May 23rd, I believe, at 3:00 PM. At that time, we're going to be introduced to the architect that hopefully the Florida Department will be hiring to do the design work, assuming that the site is acceptable, assuming that the architect brought on board. Just as an aside, the Florida legislature appropriated $500,000 this year for the architectural and initial design work. Assuming all that goes well, the site's acceptable, we would expect to be funded at the federal level in November of 2024 and under construction in 2025, about a year and a half construction process. And we're looking at the late'26, 2027 for a ribbon cutting. That's best case. Gary Hartsen: 06:46 Great. Kevin, can I just ask one more question? Burt Sanders: 06:53 Sure. Gary Hartsen: 06:54 I'm having trouble keeping up with all the acronyms. BCC? Wayne Arnold: 06:59 Board of County Commissioners. Gary Hartsen: 07:00 Thank you. Wayne Arnold: 07:00 And CCPC is Collier County Planning Commission. Gary Hartsen: 07:04 Thank you. Page 3 of 6 Packet Pg. 490 9.A.2.e PL20230002800 - Golden Gate Golf Course MPUD Amendment May 11, 2023 NIM Transcript Wayne Arnold: 07:04 Yep, you're welcome. Anybody else have a question for us? Yes, sir. Gary Luginbu: 07:11 Well, it's just a simple question. Wayne Arnold: 07:11 If we could get you on the microphone, we appreciate it. Gary Luginbu: 07:17 I'm Gary Luginbu, I'm the other Gary that's in the Pars. Is the geographic plat that you demonstrated up there, is that online in any way, Beth? Is that online in any way? Wayne Arnold: 07:29 It is. That's available on our website. And if you'd like a cleaner copy, we can certainly email you just a separate pdf. If you'd email Sharon, if you don't mind or call her, whichever you prefer, we'll make sure you get a good copy of it. Gary Luginbu: 07:41 And could you go kind of fast? I missed it. Could you go through the greenway variance again, please? Wayne Arnold: 07:45 Sure. We made... we have some language in there. Gary Luginbu: 07:51 No, I mean physically. And can you show me on the map? Wayne Arnold: 07:53 Sure. So the greenways are identified as these strips of land. It's hard to see, I think, but the greenways wrap around the perimeter of the site where the golf course is being converted into another view. So we have them in that location. There's another piece of it through here, this horseshoe shaped piece. And then that carries along the westernmost side of the project. So we would be allowing ourselves to modify the width of the greenway in this tract to accommodate the nursing home. Gary Luginbu: 08:24 The tract that goes by the hotels, or the tract goes by the neighborhoods? Wayne Arnold: 08:30 This tract is the westernmost piece. So the cell tower site is here. So then there's a driveway that cuts through. So that driveway cuts through the tract where the nursing home would be. But the greenway is this area right through here. We'll still be required to have a buffer, but there's a specific provision for greenway widths in the code that we were allowing us to modify that to accommodate the veteran's home. Gary Luginbu: 08:56 Thank you. Wayne Arnold: 08:57 Yes, sir. Page 4 of 6 Packet Pg. 491 9.A.2.e PL20230002800 - Golden Gate Golf Course MPUD Amendment May 11, 2023 NIM Transcript Hector Vilda: 09:02 Hi, my name is Hector. I have one question about what he says about the use tract. It would be alright by the owner? Because there is house there. Wayne Arnold: 09:10 For this tract? Hector Vilda: 09:11 Yeah. Wayne Arnold: 09:12 Yes, there will be a required buffer in that area, but we're allowing the veteran's home because it's such a unique use. They're trying to design it for the site, and it's kind of irregularly shaped. So it would allow them to modify the shape of the greenway and to reduce the width of it where they needed to to, accommodate that structure. Hector Vilda: 09:29 So when you're trying to say you guys have to contact the people underneath there, or are they going to be outside their property? Wayne Arnold: 09:36 Well, the greenway will be on our property, and they will be still providing a buffer to the external side. So you'll have a buffer between any home and the veteran's nursing home. And we made provisions for that to be reduced to... I've got the language here, don't want to speak. So the greenway to no less than 40 feet on the east and 20 feet on the west on the public use tract. So the greenway has specific provisions in the land development code, and it's written in a way that allows there to be deviations. So we're clarifying that that deviation from the width can occur for the nursing home. Hector Vilda: 10:16 Would you say that for, not the yellow, but the green, that's going to be a parking lot. Is that correct? Wayne Arnold: 10:23 That facility will allow the county to have a parking lot on it. They own the building that's located there. It was the old building that was rehabilitated. That county was deeded that property. So the county may decide to have standalone parking on that facility. They may decide to retain it and use it for the building that's there. Now, I don't think they've determined exactlywhat the use is. Hector Vilda: 10:44 They did an environmental study on that or they just [inaudible 00:10:51] the property they have [inaudible 00:10:52]? Wayne Arnold: 10:52 Well, the county has been doing environmental work related to the golf course. They're disturbing soils there, so they have to do soil testing for that. But nothing related to the building that's been constructed. Page 5 of 6 Packet Pg. 492 9.A.2.e PL20230002800 - Golden Gate Golf Course MPUD Amendment May 11, 2023 NIM Transcript Hector Vilda: 11:12 Okay. Thank you. Wayne Arnold: 11:12 You're welcome. Anybody else? Cece Zenti: 11:17 Thank you. Cece Zenti. And I live at The Pars. My question is, where is the traffic going to come in to the nursing home? I'm not clear on that. Wayne Arnold: 11:26 The site hasn't been designed yet, but when you get off Golden Gate Parkway, these little arrows identify the locations where access points are likely to be for the project. So there will be an access point on Golden Gate Parkway. Cece Zenti: 11:37 Really? Okay. Wayne Arnold: 11:37 Yes, ma'am. Cece Zenti: 11:40 Okay. Thank you. Wayne Arnold: 11:48 Going once. Ready to go home and have dinner? Gary Hartsen: 11:51 You buying? Wayne Arnold: 11:54 No, I'm not buying. I will buy my own. If nothing else, I really appreciate you all coming back out. I can put back up a contact slide if you didn't get a chance to take a photo or write down that information. But thanks for coming out. Appreciate everybody. Take care. 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Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: / EMAIL: 3 J 1f I C� c& L S &_42 r� �t ,1 (_cic�f 11 c a�c� n c, C" ADDRESS 7 PHONE: —_� 7J 1 J 1�-- � F/ 3 W Y(l, NAME: EMAIL: 'Y' h/ AS a Z" rZ -'C tyv ADDRESS: ,�; 7 PHONE: NAME: ) KEMAIL: �( At_rti jv�r iZ( c.sc�v ADDRESS: 4,3 C, G a < ? ± 1; . PHONE: i" 0'J i.r-S I r'r L_ - '3 4- r ` L NAME: �� GGffiE ��Y►�IZ % �I1 EMAIL: ADDRESS: �� rL /� jj S f PHONE: 3 65-6ti (�,3 NAME: l I 1 1 C f AL EMAIL: 7 ADDRESS: j f �%-LI � �� PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NIM Sign -in Sheet 05/11/2023 Packet Pg. 507 9.A.2.e NEIGHBORHOOD INFORMATION MEETING Petition: PL20230002800 — Golden Gate Golf Course MPUD Amendment May 112023 PLEASE PRINT CLEARLY ***Please be advised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: EMAIL: k r; I -ADDRESS: } PHONE: NAME: 6S0 rJ EMAIL: � � �1 cJ`� Sc�Y+ 5 C ADDRESS: - PHONE: t L- -7 NAME: / EMAIL: j i cf t`y,� 0 /';�it� C `�vtiti�l•�ar� C� ADDRESS: ,� ,, �_ .tc, PHONE: o 00 o NAME: EMAIL: N N ADDRESS: PHONE: _J a rn N � NAME: J EMAIL: I�C�_ ADDRESS: PHONE: 0 3 NAME: EMAIL: U 0 ADDRESS: PHONE: o z NAME: EMAIL: r r Q ADDRESS: PHONE: c m E t NAME: EMAIL: Q ADDRESS: PHONE: NIM Sign -in Sheet 05/11/2023 Packet Pg. 508 9.A.2.e NEIGHBORHOOD INFORMATION MEETING Petition: PL20230002800 — Golden Gate Golf Course MPUD Amendment May 112023 PLEASE PRINT CLEARLY ***T>Lease be advised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: '%. r / EMAIL: ( (, ADDRES — PHONE: NAME: r EMAIL: Z �A4t PHONE -.-I s NAME: T EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: c 0 c m E 3 U 0 0 z 0 r r Q m E s Q NIM Sign -in Sheet 05/11/2023 Packet Pg. 509 9.A.2.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. I. 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 BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER(S) TURE OF APPLICANT OR AGENT Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE Bonita Springs, Florida 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 16 day of May , 2023, by Sharon Umpenhour as Senior Planning Technician for O. Grady Minor & Associates, P.A., personally known to me er whe- predueed as ident fie- and who 4i&did not take an oath. CARIN J. DWYER ' MY COMMISSION # GG 982367 P EXPIRES: May 14, 2024 Bonded Thru Notary public Underwriters My Commission Expires: (Stamp with serial number) i Signature of Notary Public Carin J. Dwyer Printed Name of Notary Public Rev. 3/4/2015 Packet Pg. 510 9.A.2.f Packet Pg. 511 9.A.3 06/01/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.3 Doc ID: 25386 Item Summary: PL20220003494 - GMPA - Orange Blossom Airport Road - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element by amending the Orange Blossom/Airport Crossroads Commercial Subdistrict to increase the commercial square footage allowed on Parcel 2 from 40,000 square feet of gross leasable area to 75,000 square feet of gross leasable area of commercial uses and up to 104,000 square feet of gross leasable area of indoor self - storage including automobile storage, and incidental retail uses. The subject property is located on the west side of Airport Road North approximately 320 feet south of Orange Blossom Drive in Section 2, Township 49 South, Range 25 East, consisting of 5f acres of the 10± acres Subdistrict; and furthermore, directing Transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. [Coordinator: Kathy Eastley, AICP, Planner 111] (Companion Item PUDR PL20220000533) [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Planner III] Meeting Date: 06/01/2023 Prepared by: Title: — Zoning Name: James Sabo 05/04/2023 4:01 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 05/04/2023 4:01 PM Approved By: Review: Planning Commission Diane Lynch Review item Operations & Regulatory Management Donna Guitard Review Item Zoning James Sabo Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Division Director Planning Commission Diane Lynch Additional Reviewer Growth Management and Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Completed 05/17/2023 11:11 AM Completed 05/17/2023 11:49 AM Completed 05/17/2023 4:42 PM Completed 05/17/2023 5:07 PM Completed 05/18/2023 7:49 AM Completed 05/24/2023 3:46 PM GMD Deputy Dept Head Completed 05/24/2023 6:14 PM 06/01/2023 9:00 AM Packet Pg. 512 9.A.3.a PL20220003494 Co�e-e- Co-rz-Kty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: JUNE 1, 2023 SUBJECT: PL20220003494 GROWTH MANAGEMENT PLAN AMENDMENT GMPA; ORANGE BLOSSOM/AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT (ADOPTION HEARING) COMPANION TO: PL20220000533 LUTGERT AIRPORT ROAD COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) LUTGERT MEDICAL CENTER, LLC ELEMENTS: FUTURE LAND USE ELEMENT (FLUE) AGENT/APPLICANT: Agents: D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Owner Richard D. Yovanovich, Esquire Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Lutgert Medical Center, LLC 4850 Tamiami Trail North, Suite 200 Naples, FL 34103 GEOGRAPHIC LOCATION: The subject 10± acre property is at the southwest corner of the intersection of Airport Road (CR31) and Orange Blossom Drive with approximately 660 feet of frontage on Orange Blossom Drive and Airport Road. The subject site is within the North Naples Planning community in Section 2, Township 49 South, Range 25 East. Packet Pg. 513 n b6V£OOOZZOZ'ld : 98£9Z) £Z-16-9 speoissojo podmy wosso18 aBUeap podall Mets odoo :tUGWLj3B44d M I YLLULLUUU34yR FE _ ` z 0 i Z W a 00 m } — — h AirQOrt Pu« R AWYORT ROAD ca s+ 5 e� W a = Q Y w W �� ❑ $ L) Q m C/�� Z� �, W m �o �I L) G e� O 91 �y L 91 a IL A 1�1 �O Air ort RL7 N a s � ea CU ❑ d w tw x 02 _ � LU � 4 a 0 r V -j- M ) d O O N ^C:) V CL n� W E D z c D W a. 2 9.A.3.a PL20220003494 REQUESTED ACTION: The applicant proposes a Small Scale Comprehensive Plan amendment to the Collier County Growth Management Plan (GMP) Future Land Use Element (FLUE), to amend the existing Urban Designation, Commercial District, Commercial Mixed Use Subdistrict, Orange Blossom/Airport Crossroads Commercial Subdistrict to increase the intensity of commercial uses, as well as to add new commercial uses. Also, to amend the Orange Blossom/Airport Crossroads Commercial Subdistrict map in the FLUM to clarify the location of Parcels 1 and 2. The proposed GMP Amendment is attached as Exhibit "A". PURPOSE/DESCRIPTION OF PROJECT: The applicant seeks to increase the commercial intensity of the Orange Blossom/Airport Crossroads Commercial Subdistrict from 74,000 to 213,000 square feet of gross leasable floor area of commercial use and to add several uses, including indoor storage. The proposed subdistrict language further limits the additional commercial square footage and additional uses to Parcel 2, the southern 5± acres of the subdistrict fronting Airport Road. Specifically, Parcel 2 will be limited to a maximum of 75,000 square feet of commercial uses, including additional commercial uses such as pharmacies (SIC Code 5912), medical equipment rental (SIC Code 7352), and eating places (SIC Code 5812). Parcel 2 is also proposed a maximum of 104,000 square feet of indoor mini -storage and indoor automobile storage uses (SIC Code 4225). A companion petition (PL20220000533) proposes to rezone the southern 5± acre Parcel 2 from Rural Agricultural (A) zoning district to the Lutgert Airport Road Commercial Planned Unit Development (CPUD). EXISTING CONDITIONS: Subject Property: The Orange Blossom Airport Crossroads Commercial Subdistrict is comprised of two parcels: • Parcel 1 — North, Rezoned from Rural Agricultural (A) to the Italian American Club Commercial Planned Unit Development (CPUD) by Ordinance 09-46 in 2009 and is developed with a clubhouse. • Parcel 2 — South, Rural Agricultural (A) zone district, and is undeveloped. Surrounding Lands: North: Future Land Use Designation; Urban Residential Subdistrict. Zoned; Rural Agricultural (A) with Conditional Use. Land Use; Institutional, including County Library and Government Offices. East: Future Land Use Designation; Orange Blossom Mixed Use Subdistrict. Zoned; Longview Center PUD. Land Use; Church on the north side of Orange Blossom Road and Nursery on the south side of Orange Blossom Road. South: Future Land Use Designation; Existing, Urban Residential Subdistrict — Proposed and Under Review, GMPA for Airport Carlisle Mixed Use Subdistrict to allow 336 rental dwelling units. Zoned; Rural Agricultural (A) with Conditional Use — Proposed and Under Review, The Haven at North Naples PUDZ. Land Use; Independent and Assisted Living Facility, water management, and vacant land. West: Future Land Use Designation; Existing, Urban Residential Subdistrict — Proposed and Under Review, GMPA for Airport Carlisle Mixed Use Subdistrict to allow 336 rental dwelling Packet Pg. 515 9.A.3.a PL20220003494 units. Zoned; Rural Agricultural (A) with Conditional Use — Proposed and Under Review, The Haven at North Naples PUDZ. Land Use; Independent and Assisted Living Facility, water management, and vacant land. In summary, the existing and planned land uses in the larger surrounding area are a mix of residential and commercial uses, with higher intensity commercial uses and higher density residential uses located along the Airport Road arterial corridor. BACKGROUND AND ANALYSIS: HH i sto ry The Orange Blossom/Airport Crossroads Commercial Subdistrict is located at the southwest intersection of Orange Blossom Road and Airport Road. The 10± acre subdistrict was approved by Board of County Commissioner Ordinance 08-57 which changed the Future Land Use designation to the Orange Blossom/Airport Crossroads Commercial Subdistrict. The subdistrict was created to allow a 20,000 square foot clubhouse and up to 34,000 square feet of gross leasable area for a limited number uses consistent with the C-1 Zoning District. An amendment to the subdistrict was approved in 2012 by Ordinance 2012-16 to remove transportation commitments related to intersection improvements. Background and Considerations: The Orange Blossom/Airport Crossroads Commercial Subdistrict is located between Activity Centers; one-half mile south of Vanderbilt Beach Road Activity Center #11, and one mile north of the Pine Ridge Road Activity Center #13. The 213,000 square feet of commercial uses proposed within the subdistrict is consistent with the intensity and uses on surrounding properties at this intersection and along Airport Road which include: • Orange Blossom Mixed Use Subdistrict - 14.74 acres, (zoned Longview Center PUD) allows 201,500 square feet of commercial uses. • Buckley Mixed Use Subdistrict — 21.7 acres, (zoned Buckley Mixed Use PUD) allows 162,750 square feet of commercial uses and 239 dwelling units. • Proposed Airport Carlisle Mixed Use Subdistrict 27.8 acres (and companion Haven at North Naples PUDZ petition) seeks to allow 336 dwelling units in addition to the existing Carlisle Assisted Living Facility. • Bear Creek PUD - 8.57 acres, (FLUM Urban Residential Subdistrict) allows 120 dwelling units. • Top Hat Auto PUD - 11.36 acres, Automobile Sales and Repair. In addition to the above nearby developments, a 500 acre Industrial zoned area is located approximately 1,750 feet south of the proposed subdistrict amendment. The existing 10± acre subdistrict proposes additional uses and commercial intensity on Parcel 2, including 75,000 square feet of general commercial office and medical uses, and 104,000 square feet of indoor storage. These uses are consistent with the surrounding land uses. Compatibility: Given the overall mixed -use nature of this area and the proximity of the site to higher intensity commercial uses, nearby industrial uses, and proximity to Activity Centers #11 and #13, staff finds that the requested addition of uses and intensity are compatible with the surrounding area. Packet Pg. 516 9.A.3.a PL20220003494 CRITERIA FOR GMP AMENDMENTS FLORIDA STATUTES: Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Section 163.3177(1)(f), Florida Statutes: (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionally acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area's proportional share of the total county population and the total county population growth. Section 163.3177(6)(a)2. Florida Statutes: 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. Packet Pg. 517 9.A.3.a PL20220003494 g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(6)(a)8. Florida Statutes: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. The petitioner must provide appropriate and relevant data and analysis to address the statutory requirements for a Plan Amendment. For this petition, a narrative justification (Exhibit V.D. "Orange Blossom/Airport Crossroads Commercial Subdistrict (PL20220003494) Growth Management") was provided by the applicant. Section 163.3187 Florida Statutes: Process for adoption of small scale comprehensive plan amendment.[Staff's findings are in italics] (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 50 acres or fewer. [The subject site comprises 10.0± acres.] (b) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site -specific small-scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small- scale future land use map amendment shall be permissible under this section. [This amendment does include a text change to the Comprehensive Plan and those text changes are directly related to the proposed future land use map amendment.] (c) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3) and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not located within an Area of Critical State Concern.] Packet Pg. 518 9.A.3.a PL20220003494 (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be amendments. [This amendment preserves the internal consistency of the plan and is not a correction, update, or modification of current costs which were set out as part of the comprehensive plan.] NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The applicant conducted a NIM on March 1, 2023, at the Collier County Headquarters Library, Sugden Theater, located at 2385 Orange Blossom Drive in Naples. The meeting commenced at approximately 5:30 p.m. and ended at 6:45 p.m. Approximately seventy-five members of the public attended the meeting. The applicant's agent explained the request for the proposed rezone and the companion small scale Growth Management Plan amendment. D. Wayne Arnold, AICP, the agent, gave a brief presentation in which he explained the NIM process, the process for approval, and provided an overview of the proposed project. The following comments/questions were raised by members of the public in attendance: multiple questions regarding access to Orange Blossom Drive, required shared access through the Italian American Club, general traffic issues and concerns with Airport Road including right-in/right-out access, concerns regarding the building height. The NIM transcript and PowerPoint presentation, are included in the CCPC backup materials. FINDINGS AND CONCLUSIONS: The petition proposes a small-scale Growth Management Plan amendment to the Urban Designation, Commercial District, Commercial Mixed Use Subdistrict, to amend the Orange Blossom/Airport Crossroads Commercial Subdistrict to increase the maximum square feet of gross leasable area from 74,000 to 213,000 square feet. The additional square footage, 75,000 square feet of commercial uses and 104,000 square feet of indoor self storage and indoor automobile storage are limited to Parcel 2. • There are no adverse environmental impacts as a result of this petition. • No historic or archaeological sites are affected by this amendment. • There are no transportation or public utility -related concerns as a result of this petition • There are no concerns about impacts on other public infrastructure. • The site's uses will create minimal impact on the surrounding area. Environmental Findings: Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The property has been historically cleared and the tree surveys revealed 36 trees exist onsite. No listed species were found onsite. The property is located in a well field protection zone W-4. 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. LEGAL REVIEW: The County Attorney's office reviewed the staff report on May 16, 2023. Packet Pg. 519 9.A.3.a PL20220003494 STAFF RECOMMENDATION: Staff recommends the Collier County Planning Commission forward petition PL20220003494 Orange Blossom/Airport Crossroads Commercial Subdistrict GMPA to the Board of County Commissioners with a recommendation to approve and adopt and transmit to the Florida Department of Economic Opportunity and other statutorily required agencies. BCC Meeting Date: TBD Packet Pg. 520 9.A.3.b ORDINANCE NO. 2023- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY AMENDING THE ORANGE BLOSSOMIAIRPORT CROSSROADS COMMERCIAL SUBDISTRICT TO INCREASE THE COMMERCIAL SQUARE FOOTAGE ALLOWED ON PARCEL 2 FROM 40,000 SQUARE FEET OF GROSS LEASABLE AREA TO 75,000 SQUARE FEET OF GROSS LEASABLE AREA OF COMMERCIAL USES AND UP TO 104,000 SQUARE FEET OF GROSS LEASABLE AREA OF INDOOR SELF -STORAGE INCLUDING AUTOMOBILE STORAGE. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF AIRPORT ROAD NORTH APPROXIMATELY 320 FEET SOUTH OF ORANGE BLOSSOM DRIVE IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, CONSISTING OF 5t ACRES OF THE 10± ACRE SUBDISTRICT; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20220003494] WHEREAS, Collier County, pursuant to Section 163.3161, et. seg., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Lutgert Medical Center, LLC, represented by D. Wayne Arnold, AICP of Grady Minor and Rich D. Yovanovich, Esq., of Coleman, Yovanovich, Koester, requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to amend the Orange Blossom/Airport Crossroads Commercial Subdistrict; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small -Scale Amendment; and [22-CMP-01 143/1789236/1]59 PL20220003494/Orange Blossom Airport Crossroads 5-2-23 1 of 3 Words underlined are added, words stmek thfough have been deleted. Packet Pg. 521 9.A.3.b WHEREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of opportunity; and WHEREAS, the Collier County Planning Commission (CCPC) on , 2023 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on , 2023; and WHEREAS, all applicable substantive and procedural requirements of law have been met NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small-scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text and map amendment are attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after Board approval. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued before it has become effective. [22-CMP-01143/1789236/1159 PL20220003494/Orange Blossom Airport Crossroads 2 of 3 5-2-23 Words underlined are added, words dough have been deleted. Packet Pg. 522 9.A.3.b PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2023. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko, Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA am Attachment: Exhibit A — Proposed Text Amendment [22-CMP-01 143/1789236/1]59 PL20220003494/Orange Blossom Airport Crossroads 5-2-23 RICK LOCASTRO, Chairman 3 of 3 Words underlined are added, words struek through have been deleted. Packet Pg. 523 Exhibit A PL20220003494 EXHIBIT A FUTURE LAND USE ELEMENT *** *** *** *** *** *** *** *** Policy 1.5: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: C. URBAN — COMMERCIAL DISTRICT *** *** *** *** *** *** *** *** *** *** *** *** *** 10. Orange Blossom/Airport Crossroads Commercial Subdistrict This Subdistrict consists of two parcels comprising approximately 10 acres and is located on the southwest corner of the intersection of Orange Blossom Drive and Airport Road, as depicted on the Orange Blossom/Airport Crossroads Commercial Subdistrict Map. This Subdistrict allows for existing institutional uses, such as the Italian American Club clubhouse or another social or fraternal organization, future institutional uses for a school, and limited commercial, professional and general offices, and similar uses to serve the nearby community, along with senior housing in the form of an assisted living facility, continuing care retirement center, or other similar housing for the elderly. Development intensity for this Subdistrict shall be limited to a maximum of 74213,000 square feet of gross leasable area for the entire Subdistrict. Parcel 1 shall permit up to 34,000 square feet of gross leasable area for financial institutions, schools, professional, medical and general offices, adult and child day care, personal and business services, and a maximum of 20,000 square feet for the clubhouse facility, all of which uses are allowed by right or by conditional use in the C-1 Zoning District, as identified in the Collier County Land Development Code, Ordinance No. 04- 41, as amended. Parcel 2 shall permit up to a total of 75,000 square feet of all commercial uses permitted in Parcel 1 (excludinq clubhouse_ facility) and pharmacies and medical equipment rental facilities and eating places In addition to the 75,000 square feet of commercial uses permitted above Parcel 2 is also permitted to have up to 104,000 gross leasable square feet of indoor self -storage and indoor automobile storage uses. Uses will be further evaluated at the time of rezoning of each parcel to ensure compatibility with surrounding properties. ARy-senie heusing faGdity is not subjeGt to this square footage limitation but is s6ibjeGt te-equ+vale� GOURty LdDevelopment Code, 0FdiRaRGe No. 04 41, OR effeGt as of the effeGtive date of this Page 1 of 4 Words underlined are added; words struck -through are deleted. 4/27/2023 Packet Pg. 524 Exhibit A PL20220003494 9.A.3.b "''' eRdF eP' The development of this Subdistrict shall be governed by the following criteria: a. Rezones are encouraged to be in the form of a Planned Unit Development and must contain development standards to ensure that all uses will be compatible with neighboring residential and institutional uses. b. Parcel 1 (Italian American Club CPUD) This approximately 5-acre parcel is located on the southwest corner of the intersection of Orange Blossom Drive and Airport Road. This parcel is limited to a maximum of 34,000 square feet of gross leasable area for financial institutions, schools, professional, medical and general offices, and personal and business services, in addition to a maximum of 20,000 square feet for the clubhouse facility. Parcel 1 is governed by the additional, following requirements: Pedestrian interconnection to access Parcel 2 and property immediately to the west must be pursued by the property owner, and incorporated into the overall site design. Vehicular interconnection with Parcel 2 is required, particularly to provide southbound traffic direct egress onto Airport Road. Vehicular use areas, buildings and structures, landscape buffering and open space, and other uses shall be designed in such a manner that does not impede or interfere with access to or from the adjacent parcel to the south. iii. The existing easternmost vehicular access drive onto Orange Blossom Drive shall be removed or permanently closed -off by the property owner prior to the issuance of a certificate of occupancy for any further development or redevelopment of the site. iv. Development within Parcel 1 shall have common site, signage and building architectural elements, including on -site signs directing motorists toward southbound egress through Parcel 2 onto Airport Road. c Parcel 2 (Lutgert Airport Road CPUD) This approximately 5-acre parcel is located on the west side of Airport Road, approximately 330 feet south of the intersection of Airport Road and Orange Blossom Drive. This parcel is limited to a maximum of 4075,000 square feet of gross leasable area for financial institutions, professional, medical and general offices, adult and child day care, personal and business services, pharmacy and medical equipment rental uses, and restaurant uses. In addition to the 75,000 square feet of commercial uses, Parcel 2 is also permitted to have up to 104,000 gross leasable area of indoor self -storage (including indoor auto storage), ^^6^^,��^^ Page 2 of 4 Words underlined are added; words struck -through are deleted. 4/27/2023 Packet Pg. 525 Exhibit A PL20220003494 9.A.3.b faGility, Gentinuing Gare retiremeRt GeRter, or ether similar housing for the elderly. Parcel 2 is governed by the additional, following requirements: 4.i. Vehicular interconnection with Parcel 1 is required, particularly to provide eastbound traffic direct egress onto Orange Blossom Drive. Vehicular use areas, buildings and structures, landscape buffering and open space, and other uses shall be designed in such a manner that does not impede or interfere with access toor from the adjacent parcel to the north. Development within Parcel 2 shall have common site, signage and building architectural elements, including on -site signs directing motorists toward northbound egress through Parcel 1 onto Orange Blossom Drive. Page 3 of 4 Words underlined are added; words struck -through are deleted. 4/27/2023 Packet Pg. 526 Exhibit A 9.A.3.b PL20220003494 EXHIBIT A P1,20220003444 *� ORANGE BLOSSOM/AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT COLLIER COUNTY, FLORIDA ADOPTED - OCTOBER 14, 20bS 0 100 200 400 Feet LEGEND (ORD. NO 68-57) Orange B"som+Airport Crossroads ADOPTED XXXX .,_� ' Commercial SUbdistriof Page 4 of 4 Words underlined are added; words struck -through are deleted. 4/27/2023 Packet Pg. 527 9.A.3.c Orange Blossom/Airport Crossroads Commercial Subdistrict (PL20220003494) Application and Supporting Documents June 1, 2023 CCPC Hearing wGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.e( Packet Pg. 528 GradyMinor 9.A.3.c Civil Engineers • Land Surveyors • Planners • Landscape Architects November 1, 2022 Ms. Sue Faulkner Collier County Growth Management Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Orange Blossom/Airport Crossroads Commercial Subdistrict (PL20220003494) — Submittal 1 Dear Ms. Faulkner: Enclosed, please find the application for a proposed small-scale comprehensive plan amendment for property owned by Lutgert Medical Center, LLC. The GMPA proposes to modify the FLUE references to increase the maximum allowable commercial square footage from 40,000 square feet to 75,000 square feet of commercial uses and to add up to 104,000 square feet for indoor self -storage, and/or indoor automobile storage, and incidental retail uses on Parcel 2 of the existing subdistrict, which would increase the allowable square footage in the overall subdistrict from 74,000 square feet to 183,000 square feet. This is a companion application to the Lutgert Medical Center CPUD rezone application (PL20220000533). Documents filed with submittal 1 include the following: 1. Cover letter 2. Application 3. Exhibit LD Consultants 4. Exhibit IV.B Revised Text 5. Exhibit V.A Land Use 6. Exhibit V.B Existing Land Use 7. Environmental 8. Exhibit V.D Growth Management 9. Market/Needs Analysis 10. Exhibit V.E Public Facilities 11. Traffic Impact Statement 12. Exhibit V.F Flood Zone 13. Exhibit V.G3 Deed Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph. 239-947-1144 • Fax. 239-947-0375 EB 0005151 • LB 0005151 • LC 26000266 www.gradyminor.com Packet Pg. 529 Ms. Sue Faulkner RE: Orange Blossom/Airport CrossRoads Commercial Subdistrict (PL20220003494), Submittal 1 November 1, 2022 Page 2 of 2 14. Exhibit V.G4 Affidavit of Authorization 15. Exhibit V.GS Addressing Checklist 16. Exhibit V.G6 Preapplication Meeting Notes Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP Lutgert Medical Center, LLC Richard D. Yovanovich, Esq. GradyMinor File (LCARS-21) Packet Pg. 530 9.A.3.c APPLICATION NUMBER: PL20220003494 DATE RECEIVED: PRE -APPLICATION CONFERENCE DATE: This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Growth Management Department 239-252- 2400, Zoning Division, Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The application is to be reviewed by staff for sufficiency within 30 calendar days following the filing deadline. The applicant will be notified, in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 12-234. If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A. Name of Applicant: Howard B. Gutman as Manager Company: Lutgert Medical Center, LLC Address: 4850 Tamiami Trail North, Suite 200 City Naples State Florida Zip Code 34103 Phone Number: (239) 261-6100 Fax Number: Email Address: Howard@lutgert.com B. Name of Agent* D. Wayne Arnold, AICP 0 THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del R City Bonita Springs State Florida Zip Code 34134 Phone Number: 239-947-1 144 Fax Number: Email Address: warnold@gradyminor.com B.1 Name of Agent* Richard D. Yovanovich, Esq. • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company: Coleman, Yovanovich & Koester, P.A. Address: 4001 Tamiami Trail North, Suite 300 City Naples State Florida Zip Code 34103 Packet Pg. 531 9.A.3.c Phone Number: 239-435-3535 Fax Number: Email Address: ryovanovich@cvklawfirm.com C. Name of Owner (s) of Record: Lutaert Medical Center, LLC Address: 4850 Tamiami Trail North, Suite 200 City Naples State Florida Zip Code 34103 Phone Number: (239) 261-6100 Fax Number: Email Address: Howard@lutaert.com D. Name, Company, Address and Qualifications of all consultants and other professionals providing information contained in this application, as well as Qualifications of the Agent identified above. See Exhibit I.D II. Disclosure of Interest Information: 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. (Use additional sheets if necessary). Name and Address Not Applicable Percentage of Ownership B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock Lutaert Medical Center, LLC 100% 4850 Tamiami Trail North, #200, Naples, FL 34103 Howard B. Gutman, Manager Ownership Interest Erik F. Lutaert, Manager Ownership Interest David M. Crowley, Manager Ownership Interest Michael T. Hoyt, Manager Ownership Interest C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Not Applicable Packet Pg. 532 9.A.3.c 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 Percentage of Ownership Not Applicable If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Not Applicable Date of Contract: F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Not Applicable G. Date subject property acquired (2022) leased ( ):-Term of lease: yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing: NOTE: H. 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. III. DESCRIPTION OF PROPERTY: A. PARCEL I.D. NUMBER: 00238000005 B. LEGAL DESCRIPTION: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 2. TOWNSHIP 49 SOUTH. RANGE 25 EAST COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 2, NORTH 2°14' 00" WEST 1708.10 FEET; THENCE PARALLEL WITH THE NORTH LINE OF THE SOUTH 1 /2 OF THE NE 1 /4 OF THE SE 1 /4 OF SAID SECTION 2, SOUTH 890 51 ' 42" WEST 100.07 FEET TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 31 AND THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING PARALLEL WITH THE NORTH LINE OF THE SOUTH 1 /2 OF THE NE 1 /4 OF THE SE 1 /4 OF SAID SECTION 2, SOUTH 890 51' 42" WEST 660.00 FEET; THENCE NORTH 2° 14' 00" WEST 330.00 FEET; Packet Pg. 533 9.A.3.c THENCE PARALLEL WITH THE NORTH LINE OF THE SOUTH 1 /2 OF THE NE 1 /4 OF THE SE 1 /4 OF SAID SECTION 2, NORTH 890 51' 42" EAST 660.00 FEET TO SAID WEST RIGHT-OF-WAY LINE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 20 14' 00" EAST 330.00 FEET TO THE PLACE OF BEGINNING; BEING A PART OF THE SOUTH 1 /2 OF THE NE 1 /4 OF THE SE 1 /4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. C. GENERAL LOCATION: West side of Airport Road North approximately 320+/- feet south of Orange Blossom Drive. D. Section:2 Township:49 Range: 25 E. PLANNING COMMUNITY: North Naples F. TAZ: 2292 G. SIZE IN ACRES: 5± H. ZONING: A, Agricultural I. FUTURE LAND USE MAP DESIGNATION(S): Urban Designation, Urban Commercial District, Orange Blossom/Airport Crossroads Commercial Subdistrict J. SURROUNDING LAND USE PATTERN: Commercial and Assisted Living - Exhibit V.A and V.B IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: Housing Element Traffic Circulation Sub -Element Aviation Sub -Element Sanitary Sewer Sub -Element Solid Waste Sub -Element Capital Improvement Element X Future Land Use Element Immokalee Master Plan Recreation/Open Space Mass Transit Sub -Element Potable Water Sub -Element NGWAR Sub -Element Drainage Sub -Element CCME Element Golden Gate Master Plan B. AMEND PAGE (S): 71 and 72 OF THE: Future Land Use Element AS FOLLOWS: (Use Stpike thpeygTto identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: See Exhibit IV.B C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM.N TO N.A. D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) N E. DESCRIBE ADDITIONAL CHANGES REQUESTED: N a U m U d U U v rn M O 0 0 N N O N J d r.+ C d E t r a 4 Packet Pg. 534 9.A.3.c V. REQUIRED INFORMATION: NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I" = 400'. At least one copy reduced to 8- 1/2 x 11 shall be provided of all aerials and/or maps. A. LAND USE Exhibit V.A Provide general location map showing surrounding developments (PUD, DRI's, existing zoning) with subject property outlined. Exhibit V.A Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit V.A Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION Exhibit V.B Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL Exhibit V.0 Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. Exhibit V.0 Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.) Identify historic and/or archaeological sites on the subject property. D. GROWTH MANAGEMENT Reference , F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2 (Copies attached). 1. INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference F.A.C.). IF so, identify area located in ACSC. N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S.? (Reference , F.A.C.) Y/N - Exhibit V.D Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1) (c), F.S.? Does the proposed amendment create a significant impact in population which is defined as a potential increase in County -wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Packet Pg. 535 9.A.3.c Y N - ❖ Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference , F.A.C.) ❖ See Medical Office and Self -Storage Needs Analysis prepared by ResortProperties.com, LLC, Michael Timmerman, CRE, Principal E. PUBLIC FACILITIES l . Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: Exhibit V.E Potable Water Exhibit V.E Sanitary Sewer ❖❖ Arterial & Collector Roads; Name specific road and LOS - ❖❖Please see Traffic Impact Statement prepared by JMB Transportation Engineering, Inc. Airport Pulling Road Orange Blossom Drive Exhibit V.E Drainage Exhibit V.E Solid Waste Exhibit V.E Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. Exhibit V.E Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services. 3. Exhibit V.E Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: AH 1 V & 1 1.5' - Exhibit V.F Flood zone based on Flood Insurance Rate Map data (FIRM). Exhibit V.F Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps) N.A. Coastal High Hazard Area, if applicable N.A. High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (identified on Collier County Zoning Maps). Packet Pg. 536 9.A.3.c G. SUPPLEMENTAL INFORMATION $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus, proportionate share of advertising costs) Provided $9,000.00 non-refundable filing fee for a Small -Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus, proportionate share of advertising costs) Exhibit V.G3 Proof of ownership (copy of deed) Exhibit V.G4 Notarized Letter of Authorization if Agent is not the Owner (See attached form) Exhibit V.G5 Addressing Checklist Exhibit V.G6 Preapplication Meeting Notes * If you have held a pre -application meeting within 9 months prior to submitted date and paid the pre -application fee of $500.00 at the meeting, deduct that amount from the above application fee amount when submitting your application. All pre -application fees are included in the total application submittal fee if petition submitted within 9 months of pre -application meeting date. Otherwise the overage will be applied to future proportionate share advertising costs. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1 "=400' or at a scale as determined during the pre -application meeting. *All attachments should be consistently referenced as attachments or exhibits, and should be labelled to correlate to the application form, e.g. "Exhibit I.D." * Planning Community, TAZ map, Traffic Analysis Zone map, Zoning maps, and Future Land Use Maps. Some maps are available on the Zoning Division website depicting information herein: Zoning Services Section: Comprehensive Planning Section: THIS HAS CHANGED SINCE DCA BECAME DEO. SEE GMP PAGE 2011 UPDATES: https://www.colliercountyfl.gov/your-government/divisions-s-z/zoning-division/zoning-services- section/land-use-commission-district-maps Packet Pg. 537 9.A.3.c Orange Blossom/Airport CrossRoads Commercial Subdistrict (PL20220003494) Exhibit LD Professional Consultants Planning/Project Management: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239.947.1144 warnold@gradyminor.com Richard D. Yovanovich, Esq Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 ryovanovich@cyklawfirm.com Transportation: James M. Banks, P.E., President JMB Transportation Engineering, Inc. 4711 7t" Avenue SW Naples, FL 34119 239.919.2767 jmbswte@msn.com May 31, 2022 M GradyMinor Exhibit ID Consultants. 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. 538 9.A.3.c D. Wayne Arnold, AICP Principal, Director of Planning Education • Master of Urban Planning, University of Kansas, Lawrence • Bachelor of Science, Urban and Regional Planning/Geography, Missouri State University Professional Registrations/ Affiliations • American Institute of Certified Planners (AICP) • American Planning Association (APA) • Leadership Collier, Class of 2000 • Bonita Springs Chamber of Commerce Government Affairs Committee • Collier County Jr. Deputy League, Inc., Board of Directors President • City of Naples Planning Advisory Board 2010-2014 GradyMinor Mr. Arnold is a Principal and co-owner of the firm and serves as the Secretary/Treasurer and Director of Planning. As Director of Planning, Mr. Arnold is responsible for and oversees services related to plan amendments, property re -zonings, expert witness testimony, ROW Acquisition, public participation facilitation, and project management. Mr. Arnold previously served as the Planning Services Director at Collier County, where he oversaw the County's zoning, comprehensive planning, engineering, platting and Metropolitan Planning Organization (MPO) functions. Mr. Arnold also has prior Florida planning experience with Palm Beach County Government and the South Florida Water Management District. Mr. Arnold has been accepted as an expert in land planning matters in local and state proceedings. RELEVANT PROJECTS • Collier County Growth Management Plan • Immokalee Airport Master Plan • Collier County Land Development Code • Logan Boulevard Right -of -Way Acquisition Planning Analysis • U.S. 41 Right -of -Way Expansion Planning Analysis • Copeland Zoning Overlay • Collier County Government Center Development of Regional Impact (DRI) • Pine Ridge/Goodlette Road Commercial Infill District • Henderson Creek Planned Development/Growth Management Plan Amendment • Mercato Mixed Use Planned Development • Diamond Oaks Village • Imperial Landing MPD • Lely Area Stormwater Improvement Project ROW Analysis • Dean Street MPD • Bonita Exchange MPD • Collier County Public Schools Transportation Ancillary Plant Q. Grady Minor & Associates, P.A. Civil Engineers • Surveyors • Land Planners • Landscape Architects Packet Pg. 539 9.A.3.c CYK COLEMAN I YOVANOVICH I KOESTER Richard D. Yovanovich Experience/History: 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 T:239.435.3535 1 F:239.435.1218 Rich Yovanovich is one of the firm's shareholders. He was an Assistant County Attorney for Collier County from 1990-1994. As an Assistant County Attorney, he focused on land development and construction matters. Mr. Yovanovich has an extraordinary amount of experience in real estate zoning, construction and land -use, including projects ranging from residential and commercial projects to large developments of regional impact. Professional Activities/Associations: The Florida Bar Collier County Bar Association Awards & Recognition Naples Illustrated's 2020 list of Top Lawyers Recognized in 2010-2018 editions of The Best Lawyers in American for Real Estate Law AV Preeminent Peer Rating by Martindale Hubble Civic/Charitable Activities/Associations Member, Furman University Trustees Council, 2007 — Director, Leadership Collier Foundation 2009 — Member, Board of Directors, Holocaust Museum of Southwest Florida 2007 — Member, Leadership Collier, Class of 2000 Member, Board of Directors, Collier Building Industry Association (Director 2004-2008, Vice President 2006-2007) Member, Board of Directors, Immokalee Friendship House (2003-2007) Elder, Vanderbilt Presbyterian Church Eduratinn- University of South Carolina: J.D. 1987 and M. Ed., 1986 Furman University: B.A., cum laude, 1983 Bar & Court Admissions: Florida, 1988 U.S. District Court, Middle District of Florida U.S. Court of Appeals, Eleventh Circuit cyklawfirm.com Packet Pg. 540 9.A.3.c JMB Transportation Engineering, Inc. Key Personnel - James M. Banks, P.E., President JAMES M. BANKS, P.E., PRESIDENT Certifications & Positions Bachelor of Science Degree in Civil Engineering - University of Kentucky, 1986 Professional Engineer - State of Florida — Reg. No. 43860, 1991 to Present JMB Transportation Engineering, Inc., President/Owner — 2007 to Present _Q & E Overview Mr. Banks has been actively involved in the fields of traffic/transportation engineering and planning since 1987. During the past 30 years, he has developed a comprehensive knowledge within these disciplines and is regarded as an expert within his profession. Mr. Banks has represented a wide range of clientele in both the public and private sectors. Public sector clients include airport authorities & FAA, local and state municipalities, county commissions, public school boards, city councils, planning boards, and city/county attorneys. Private sector clients have been land planners, land use attorneys, right-of-way acquisition attorneys, engineers, surveyors, architects and developers. Corridor Planning Mr. Banks has conducted a significant number of roadway corridor studies for both the public and private sectors. His work efforts included developing a comprehensive and strategic corridor improvement plan to meet the long term transportation objectives for the area. By forecasting area - wide long range traffic demands, Mr. Banks developed transportation needs plans in order to ensure adequate roadway capacity. Example projects are Alico Road Six-Laning, Lee Boulevard Improvements, Southwest International Airport's Transportation Needs Plan, Bonita Beach Road Access Management Plan, and Fort Myers Beach - Time Square Traffic Circulation Study. Transportation Design Mr. Banks has been engineer of record on numerous transportation design projects; such as, complex intersection design, signalization, street lighting, maintenance of traffic plans, signing and pavement marking plans, vehicular accident analysis, major roadway improvement design, traffic calming plans, railroad crossing design, and access management plans. Projects include Colonial Boulevard Improvements, Immokalee Road Widening Project, Lee Boulevard Six-Laning, Bonita Beach Road and Alico Road Widening. Traffic Impact Statements & Site Access Studies Mr. Banks has prepared countless Traffic Impact Statements & Site Access Studies for privately funded, publicly funded and public utilities projects. Types of projects that he has worked on include Packet Pg. 541 9.A.3.c JMB Transportation Engineering, Inc. Key Personnel - James M. Banks, P.E., President all size of commercial/medical/airport projects and every possible type and size residential and mixed -use developments, including projects that were deemed Developments of Regional Impact (DRI's). Governmental agencies have used reports that were prepared by Mr. Banks as "guidelines" that have been distributed to other professionals for their consideration when producing their work products. Mr. Banks has a earned reputation with the private sector of having the skills necessary to navigate through the permitting process with ease . Expert Witness Mr. Banks has provided expert witness testimony at numerous court proceedings and public hearings regarding traffic/transportation related matters. He has testified in various forums; such as, county commission meetings, hearing examiner reviews, courts of law, public workshops, port authority meetings, and peer review functions. Types of issues that Mr. Banks provided testimony for were right-of-way acquisition cases; zoning and land use amendments, land development projects, corridor studies, roadway improvement projects, transportation improvement projects, and airport construction projects. Selected Pro ei ct Experience Colonial Boulevard Improvements for Lee County DOT -Engineer of Record/Project Manager for the preparation of at -grade and interchange signalization plans, signing & pavement markings plans, street lighting and complex maintenance of traffic plans. Also, provided right-of-way acquisition services to the Lee County Attorney's office. SWFIA Expansion/Treeline Avenue Extension for FAA & Lee County Government - Engineer of Record for the Transportation Demand/Needs Study that was used as the basis for the ultimate design and construction. Prepared signalization plans and intersection geometry plans for complex intersections. Immokalee Road Improvements for Collier County DOT - Engineer of Record/Project Manager for the preparation of signalization, signing & pavement markings, street lighting plans. Alico Road Six Laning - Engineer of Record for the Corridor Study that was used as the basis for the ultimate design and construction. Prepared signalization plans, maintenance of traffic plans, railroad crossing, provided peer review/QC for road design plans. Lee Boulevard - Engineer of Record for the Corridor Study & Access Management Plan that was used as the basis for the ultimate design and construction. Prepared signalization plans, maintenance of traffic plans, and provided peer review/QC. State Road 80 - FDOT - Design Engineer for the widening and drainage improvements of S.R. 80 from I-75 to Buckingham Road, in Lee County. Packet Pg. 542 Orange Blossom/Airport Crossroads Commercial Subdistrict (PL20220003494) 9.A.3.c Exhibit IV.B Amendment Language Revise the FUTURE LAND USE ELEMENT *** *** *** *** *** Text break FUTURE LAND USE DESIGNATION *** *** *** *** *** Text break *** *** *** *** *** Text break C. Urban Commercial District *** *** *** *** *** Text break [Page 71] *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** 10. Orange Blossom/Airport Crossroads Commercial Subdistrict This Subdistrict consists of two parcels comprising approximately 10 acres and is located on the southwest corner of the intersection of Orange Blossom Drive and Airport Road, as depicted on the Orange Blossom/Airport Crossroads Commercial Subdistrict Map. This Subdistrict allows for existing institutional uses, such as the Italian American Club clubhouse or another social or fraternal organization, future institutional uses for a school, and limited commercial, professional and general offices, and similar uses to serve the nearby community, along with senior housing in the form of an assisted living facility, continuing care retirement center, or other similar housing for the elderly. Development intensity for this Subdistrict shall be limited to a maximum of -74213,000 square feet of gross leasable area for the entire Subdistrict. Parcel 1 shall permit up to 34,000 square feet of gross leasable area for financial institutions, schools, professional, medical and general offices, adult and child day care, personal and business services, and a maximum of 20,000 square feet for the clubhouse facility, all of which uses are allowed by right or by conditional use in the C-1 Zoning District, as identified in the Collier County Land Development Code, Ordinance No. 04- 41, as amended. Parcel 2 shall permit up to a total of 75,000 square feet of all commercial uses permitted in Parcel 1 (excluding clubhouse facility), and pharmacies and medical equipment rental facilities, and eating places. In addition to the 75,000 square feet of commercial uses, April26, 2023 W GradyMinor Exhibit IVB Proposed Language-r3.docx CK11 Engineers • Land Surveyors • Planners • Landscape Architects Page 1 of 3 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. 543 9.A.3.c permitted above, Parcel 2 is also permitted to have up to 104,000 gross leasable square feet of indoor self -storage and indoor automobile storage uses. Uses will be further evaluated at the time of rezoning of each parcel to ensure compatibility with surrounding properties. ARye The development of this Subdistrict shall be governed by the following criteria: a. Rezones are encouraged to be in the form of a Planned Unit Development and must contain development standards to ensure that all uses will be compatible with neighboring residential and institutional uses. b. Parcel 1 (Italian American Club CPUD) This approximately 5-acre parcel is located on the southwest corner of the intersection of Orange Blossom Drive and Airport Road. This parcel is limited to a maximum of 34,000 square feet of gross leasable area for financial institutions, schools, professional, medical and general offices, and personal and business services, in addition to a maximum of 20,000 square feet for the clubhouse facility. Parcel 1 is governed by the additional, following requirements: Pedestrian interconnection to access Parcel 2 and property immediately to the west must be pursued by the property owner, and incorporated into the overall site design. ii. Vehicular interconnection with Parcel 2 is required, particularly to provide southbound traffic direct egress onto Airport Road. Vehicular use areas, buildings and structures, landscape buffering and open space, and other uses shall be designed in such a manner that does not impede or interfere with access to or from the adjacent parcel to the south. iii. The existing easternmost vehicular access drive onto Orange Blossom Drive shall be removed or permanently closed -off by the property owner prior to the issuance of a certificate of occupancy for any further development or redevelopment of the site. iv. Development within Parcel 1 shall have common site, signage and building architectural elements, including on -site signs directing motorists toward southbound egress through Parcel 2 onto Airport Road. c. Parcel 2 (Lutgert Airport Road CPUD) This approximately 5-acre parcel is located on the west side of Airport Road, approximately 330 feet south of the intersection of Airport Road and Orange Blossom April 26, 2023 Page 2 of 3 Exhibit IVB Proposed Language-r3.docx Packet Pg. 544 9.A.3.c Drive. This parcel is limited to a maximum of 4975,000 square feet of gross leasable area for financial institutions, professional, medical and general offices, adult and child day care, personal and business services, pharmacy and medical equipment rental uses, and restaurant uses. In addition to the 75,000 square feet of commercial uses, Parcel 2 is also permitted to have up to 104,000 gross leasable area of indoor self -storage (including indoor auto storage), .,n,-assisted i,„;n facility, RtiRUiRg eaFe r t*r m .P_.At ee.pteF, +h r similaF heYSin f.,,- the ldle.-i" Parcel 2 is governed by the additional, following requirements: sewth and te the west must be puFsued by the pFepeFty owneF, and + i. Vehicular interconnection with Parcel 1 is required, particularly to provide eastbound traffic direct egress onto Orange Blossom Drive. Vehicular use areas, buildings and structures, landscape buffering and open space, and other uses shall be designed in such a manner that does not impede or interfere with access to or from the adjacent parcel to the north. ++im-.ii. Development within Parcel 2 shall have common site, signage and building architectural elements, including on -site signs directing motorists toward northbound egress through Parcel 1 onto Orange Blossom Drive. :n�sTE�:es�rsr_�:�nnssr_r: .� • .. A April 26, 2023 Page 3 of 3 Exhibit IVB Proposed Language-r3.docx Packet Pg. 545 Orange Blossom/Airport Crossroads Commercial Subdistrict Exhibit IV.D - Proposed Subdistrict Map W 10k B in n WAY Barnsury-L Orange Blossom DR PARCEL 1 � � v PARCEL 2 n Leeward -WAY tr Mangrove _AVEl II � r Z (Anthony► Bear Creek DR Lone Oak BLVD LEGEND ® SUBDISTRICT Grad Mina 570 285 0 570 Feet Clvlnncaa I and3cape Nahstce Packet Pg. 546 300 FOOT RADIUS I 9.A.3.c I ZONED A, AGRICULTURAL USE - PUBLIC LIBRARY AND TAX COLLECTOR'S OFFICE ORANGE BLOSSOM DRIVE Ik 31 y c m o cn Z m m I. j .- Z , a. T- O D �.w D - Z n I . SUBJECT PROPERTY > n ;0 +. D ��f c• '1e ZONED: A, AGRICULTURAL P USE: SENIOR LIVING FACILITY: � - � .Y� �} -1 °tea• 'w"'� .e .�F-s�� rT• �� :i r,a?_.:�5 PROPERTYSUBJECT 1 v r o 0 N O U) m my i0 0< ?m 0 r n Dm Z Z -i j c� m� v z D p ZZ vD -0 mr- Tm vU) me Z-,I m Dr -0 c v i•ir' wV 0k EXISTING FLUE: URBAN DESIGNATION, URBAN COMMERCIAL DISTRICT, ORANGE BLOSSOM/AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT EXISTING ZONING: A, AGRICULTURAL ADJACENT PROPERTY ZONING NORTH A, AGRICULTURAL EAST LONGVIEW CENTER PUD NAPLES VIEW PUD SOUTH A, AGRICULTURAL WEST A, AGRICULTURAL �. era6r Minot uia ,,.,,, � �... w GradyMinor ��unn n.. nni Roy R'y B.I.R. Sin b.91. H.. Iia 31131 Civil Engineers . Land Surveyors Cert. oFAuth. EB 0005151 Cert. oFAoth. LB 0005151 . Planners . Landscape Architects Business LC 26000266 Bonita Springs: 239.947.1144 nwn. Gradyd/inor. com Fort Myers: 239.690.4380 LAND USE LIBRARY, TAX COLLECTOR OFFICE CHURCH AND PLANT NURSERY RESIDENTIAL SENIOR LIVING FACILITY a tt to m V a U U rn CO) O O O N N O N J (L c a) E m v Q SENIOR LIVING FACILITY SCALE: 1" = 200' WHEN PLOTTED @ 8.5' X 11" ORANGE BLOSSOM/AIRPORT CROSSROADS SALE: COMMERCIAL SUBDISTRICT ARs o co.. EXHIBIT V.A. — LAND USE nATE, FILE NAME? SOURCE: COLLIER COUNTY PROPERTY APPRAISER - FLOWN: JANUARY 2022 Packet Pg. 547 E 0 0 Orange Blossom/Airport Crossroads Commercial Subdistrict 9.A.3.c Exhibit V.B - Existing Future Land Use Designation W E II s IL ,. IL 0 III w Orange Blossom 'DR r a 0 2 a1 ' r 0 M o 4 Orange Blossom/Airport Crossroads ' : y Commercial Subdistrict ° `` J - n 00 y z as Y _' m 04 04 - -� Mangrove AVE - J Ec Legend SUBJECT PROPERTY - 10+/- Ac. Orange Blossom/Airport Crossroads Commercial Subdistrict Grad I�Iiao GLOL FiW)nccN • Land e}�r5 ► PI nnCTE ,rind 210 105 0 210 Feet Packet Pg. 548 9.A.3.c Orange Blossom/Airport CrossRoads Commercial Subdistrict (PL20220003494) Exhibit V.0 Environmental Data February23, 2023 M 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.com Packet Pg. 549 9.A.3.c 3.08.00 Environmental Data Purpose As per requirements in LDC Sections 3.08,00 and questions in the CU Checklist Preparation Of Environmental Data Preparation of Environmental Data, Environmental Data Submittal Requirement shall be prepared by an individual with academic credentials and experience in the area of environmental science or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida Qualifications of Environmental Consultant Collier Environmental Consultants Inc. 2/96 - Present 3211 68W Street SW Naples, Florida 34105 Marco A. Espinar- Biologist Environmental Data. The following shall be submitted where applicable to evaluate projects. A) Wetlands i) Identify on Current Aerial / the location of all Collier County / SFWMD Jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System FLUCFCS The site consists of approximately 5 acres and is located in Section 2, Township 49, Range 25; in Collier County, Florida. The parcel is just south of the intersection of Airport -Pulling Road and Orange Blossom Drive. The parcel is on the south west side of the intersection. Historically the area was in row crops. The entire region was farmed. The parcel remains cleared except for secondary growth, which includes some scattered cabbage palm, oaks and Slash pines. The ground cover consists of varying graminoids. See Attached Location Maps, Vegetation Maps / FLUCCS Maps Packet Pg. 550 9.A.3.c B) Listed Species and Bald Eagle Nests and Nest Protection Zones i) Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the FFWCC and the USFWS. Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee. Wildlife Listed Species Study (LDC 10.02.3.A.2.m) A brief examination of the parcel found no listed vertebrates on site. The parcel is almost completely void of vegetation. In addition, the parcel is located in the urban area. This parcel is located at a busy intersection, of Airport -Pulling Road and Orange Blossom Drive. The availability of suitable habitat for any vertebrate is quite limited. The parcel is cleared and does not provide potential for any denning, habitation and/or foraging. The parcel is also surrounded by development. The parcel was traversed and examined. Potential species for such a small parcel would be fox squirrels and/or Gopher tortoises. At the time of this inspection no burrows and/or animals were encountered. The field does provide some foraging for traversing birds. This project meets the Objective of CCME Objective 7.1. CCME OBJECTIVE 7.1: Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, ii) Provide Listed Plants identified in LDC Section 3.04.03 See Attached Vegetation List / FLUCCS Code Map This parcel is cleared of vegetation. Secondary growth of some trees such as Slash pines, oaks and cabbage palm are present. A complete list of the vegetation encountered has been provided. See: Attached Vegetation List / FLUCCS Code Map Packet Pg. 551 9.A.3.c iii) Wildlife Management Plans in accordance with LDC Section 3.04.00 See Attached Listed Species Study, Black bear management plan may be required at the time of SDP. C) Native Vegetation Preservation i) For Sites or Portions of Sites Cleared of Native Vegetation or in Agricultural Use: Not Applicable ii) Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the FLUCFCS system and provide a legend foe each of the FLUCFS codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on site. Include the above referenced calculations and aerials on the SDP or PPL. In a separate report, demonstrate how the preserve criteria pursuant to LDC section 3.05.07 have been meet. Location Maps / Aerials (LDC 10.02.3.A.2.m) Aerials and location maps have been provided. The entire parcel consists of approximately 5 acres. The site consists of approximately 5 acres and is located in Section 2, Township 49, Range 25; in Collier County, Florida. The parcel is just south of the intersection of Airport -Pulling Road and Orange Blossom Drive. The parcel is on the south west side of the intersection. Historically the area was in row crops. The entire region was farmed. The parcel remains cleared except for secondary growth, which includes some scattered cabbage palm, oaks and Slash pines. The ground cover consists of varying graminoids. See Attached Location Maps, Vegetation Maps / FLUCCS Maps Native Vegetation Calculation (LDC3.05.07. A.) This parcel was legally cleared. However, Native trees have re -grown on the property. As such the property will be governed by: LDC 3.05.07 A.2 and 3.05.07 B.2 Packet Pg. 552 9.A.3.c ii.) Identify on a current aerial the acreages, location and community types Location Maps / Aerials (LDC10.02.3.A.2.m) The site consists of approximately 5 acres and is located in Section 2, Township 49, Range 25; in Collier County, Florida. The parcel is just south of the intersection of Airport -Pulling Road and Orange Blossom Drive. The parcel is on the south west side of the intersection. Historically the area was in row crops. The entire region was farmed. The parcel remains cleared except for secondary growth, which includes some scattered cabbage palm, oaks and Slash pines_ The ground cover consists of varying graminoids. See Attached Location Maps, Vegetation Maps / FLUCCS Maps 3.05.07 Preservation Standards This site is totally void of any native habitat. This site does have native trees scattered throughout. A tree survey was conducted, and an exhibit attached showing species, locations and tree size_ Approximately, 13 Cabbage palms, 5 Live oaks and 15 Slash pines were identified on site. 13.05.07 — Preservation Standards A.(l) Native vegetative communities. The preservation of native vegetation shall include all naturally occurring strata including canopy, understory and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in section 3 05 07 H. I.e. The term native vegetation is further defined as a vegetative community having 25 percent or more canopy coverage or highest existing vegetative strata of native plant species. In the absence of other native strata, herbaceous vegetation not typically associated with the re -growth of native vegetative communities, commonly known as weeds, shall not be considered native vegetation for the purpose of preservation. Since the site has no native habitat/vegetation, No preserve will be provided. The site does have a few native trees and a tree count was conducted_ A) 2. Native trees. Where a property has been legally cleared and only native trees remain and the native ground cover replaced with lawn or pasture, then only the native trees shall be retained. The percent requirement of native trees required to be retained shall be by tree count based on the percent requirement for native vegetation pursuant to 0-7 B, Only slash pine trees with an 8 inch DBH or greater, hardwood trees with a 18 inch DBH or greater, or palms with a minimum of 8 foot of clear trunk, shall be used for calculating this requirement. For hardwood trees, every 6 inches or fraction thereof over 18 inch DBH shall count as an additional tree (18 inch DBH = l tree, 24 inch DBH = 2 trees, 26 inch DBH = 3 trees, etc.). Slash pine trees and cabbage palms Packet Pg. 553 9.A.3.c shall only be retained on portions of the property with a density of 8 or more trees per acre. Trees which are unhealthy or dying, as determined by a certified arborist or any individual meeting the qualifications in 05 07 H.1.g.iii, shall not be retained or used for calculation. Native slash pine trees shall be retained in clusters, if the trees occur in clusters, with no encroachment (soil disturbance) within the drip line or within 30 feet of the trunk, whichever is greater, of any slash pine or hardwood tree. Encroachment may occur within these distances where evaluation by a certified arborist determines that it will not affect the health of the trees. Trees which die shall be replaced with 10 foot high native canopy trees on a one for one basis. Native trees with a DBH of two feet or more shall be replaced with three 10-foot high native canopy trees. Areas of retained trees shall not be subject to the requirements of ; � i; i i7 H. Where trees cannot be retained, the percent requirement of trees shall be made up elsewhere on -site with trees planted in clusters utilizing 10 foot high native canopy trees planted on a one for one basis. Where native trees with a DBH of two feet or more cannot be retained, a minimum of three 10-foot high native canopy trees shall be planted per tree removed of this size. Trees planted to satisfy this requirement shall be planted in open space areas equivalent in size to the area of canopy of the trees removed. This planted open space shall be in addition to the area used to satisfy the minimum landscape requirements pursuant to - -o.t_11 � Existing Trees Slash Pines 1- 15 inches, 12- 12 inches, 2 — 20 inches Oaks 4 — 20 inches, I — 12 inches Cabbage Palms 13- 15 inches This will be consistent with Goal 6 of Collier County GMP's Objective 6.1 Protect native communities through the application of minimum preservation requirements. Clearly identify the location of all preserves: The preserve area has been identified on the Exhibit Master plan. Soil Ground Water Sampling Natural Site Packet Pg. 554 9.A.3.c LOCATION i IL 0 N R O L N O L U r L O Q 0 0 m L O Cl) O O O N N O N J d O O Cl) Ln N Q 7 Y V m Co U d U U as M O O O N N O N J d r C d E t V R r.+ Q Packet Pg. 555 ML AN DC RRILT.BEAGN'RID C��J ,Q �yP ii r r►w•' V� 1616 ■� ` Q, �� EMFRALD CIRJ 3 •gyp ` t' %� � lP � mot•- �- '- ' � Z �■ � p . ;, 2, � � tanrFtcLDLAKERR• �� i i �°� a `� - F z 6•� - c.• r� T r srt�i s t .0a ti r' HMGREST C_fT1413.LPtit DR c' SAN GABRlE1 LN F U ZJBIRC , _ �C.W •, _ i - '^ Cx M. LL'P� RRlh f.;L WAT i17 kIH4 `, 13, Vil�C t } kq+ •' wINDSONG Ci e� YCI �"` HARNSBURY LN �y SIENpiLS•Cpt Qe _ 1p SUGAR YIAGNOLIA OR :R ANc.I' ORANGE 8L°SgG TON OR`. ��vJ"� ILik-'.FI n GIR .. t 'HUN7ERSWAY y . RHOUR k 2 IMk: i'MYRLK C1R wILLOw PARK -DR C? - z - � ■�r�1ADEC Nri�'rf• 11sTT! ¢ ' z zstADECENTER-WAY Pd• UUNUINYIEWCIR -�• a« l J AND C BLVO is I ^,' �1�� t - ^ �i,•.. �17� ^s\ /�\ Iwo +\' R D _ I .�� °b m m ?•_ 2.. R HWGnr r' i 2 Z ` b 0 ti 1 lilt. ■l" + a ARUIS A LNAvg h; ti LJ yK . d YLM ON SEWARWAVE =Y ! COUGAR -DR ■ M* 7 ('1 PINEIRU RD Z IMEG4NLN r 1 F1 J Asl '-~ H-JAM �.•, yIACA RD MEADOW Ci 1 'fin ll ! r n , a �,.11RSPINE RI_pGE RD I.3nE RIUGt RU1 rlNt IfI.UGERp ■ 1 r;y s+I�I1A'+n.-�!*�+-•i •"•"ti- _. :fly^:•-� / Y'-.�'i�:.. ! il 9.A.3.c j 40 me r- -4 AT' w , a1 '` rr �p R. - 1 116090 . v Ar t ,I s - i Ma Wise 2022 LOCATION Selected Custom Parcels A+ Streets MaoMtc , �E ►. / County Boundaries / V Parcel Outlines 4 59 118 177 f1 Copyright 2022 MapWise, Inc. All rights reserved, www.mapwise.com. This map is informational only. No representation is made or warranty given as to its Ic ontent,, User assumes all risk of use, MapWise and its SUPPllers assume no responsibility for any lasses resulting from such use. Q Packet Pg. 557 9.A.3.c Owner and Property Description Owner Name_ LUTGERT MED CENTER LLC 4850 TAMIAMIA TRAIL N Mailing Address: NAPLES FL 34103 USA Site Address: 7007 AIRPORT RD N NAPLES FL 34109 Subdivision: ACRFAGE HEADER County: COLLIER Land Use Code: 99 Land Use Desc: Acreage not zoned agricultural Land Use FDOR Code: 99 Land Use FOOR Acreage not zoned agricultural Desc: Zoning: Acres: 5.03 PIN: 00238000005 PIN2: 238000005 ALTKEY: 000100 040 14A02 Last Data Update: 08/19/2022 Parcel Map T14M' •� S rR � .rM�. map vise cup Legal Description (not official) 2 49 25 COMM AT SE CNR OF SEC 2, N 2DEG W 1708.10FT, S 89DEG W 100,07FT W R!W SR 31 AND POB, S 89DEG W 660FT, N 2DEWG W 330FT, N 89DEG E Building Summary 2021 Certified Values Actual Year Suitt: Land: $1,625,000 Effect. Year Buitt: Land Agricultural: $0 Living SgFt: Building: $❑ Total SgFV Misc: $0 Adjusted SgFt: Just Value: $1,625,000 Beds: Assessed Value: $1,625,OOD Baths: Stories: Num. of Buildings: Recent Sakes Sale Date Book/Page Docnum Price Instrument Qualified Vac, or Grantor Impr. 2022-02-24 6091/3132 $5,610,000 2014-05-12 503711488 $2,982,900 2004-06-18 3589/3122 $1,550,000 1086-03-18 11851220B $220,00o 1981-10-01 9421992 $140,000 Sunbiz Corporate Data Title Name Addressi City State Zip Code 3 Y v m tJ d U U M O 0 0 N N O N J d r c d E w Q Packet Pg. 558 9.A.3.c Map Layer Stats Soils MUID Map Unit Name Component Component Hydric Hydric Percent Name Pct Grp of Total 20 FT. DRUM AND MALABAR, FT. DRUM 45 NO AID 69.6 HIGH, FINE SANDS 3 MALABAR FINE SAND MALABAR 90 YES AID 0.8 32 URBAN LAND URBAN LAND 80 UNRANKED 29.6 TOTAL ACRES Land Cover 2019 (includes wetlands) LUCODE Description WMD YEAR Percent of Total 1700 Institutional SF 2017- 100 2019 TOTAL ACRES FLU Code Orange Blossom/Airport Crossroads Comm'I Subdis Urban Residential Subdistrict City name Acres 3.5 0.04 1.49 5.03 Acres 5.03 5.03 Future Land Use Description Jurisdiction County Percent Acres of Total UNINCORPORATED COLLIER 99.4 UNINCORPORATED COLLIER 0 TOTAL ACRES City Limits County Percent of Total Acres TOTAL ACRES Census Demographics Census Tract 12021010212 5 0 5.03 5.03 Y v m U d U U as M O O O N N O N J d r C d E t V R r.+ Q Packet Pg. 559 speoassoao :podaid-wossol8 8BULMO ti6bE000ZZOZld : 99E5Z) dnjoe8 3d33 M-PE000ZZOZ-1d :)uawyoe;;V l o y CM Q ai a _he to Mal h Mq— ��?��b^fob N off; �g � ✓�`WK9 C � gCp (a� a i G9 � IN aph X�� ;aa�War,cW , I 1 i3�a ,�y"Yz$ � ,,�� w _ T-Wu1NG ROAD N 111 Mip (STATE ROAD 31) SU _ OR , ix '° d -n....;aoc,�--�..�_. __.-_. ""--�Y° e�4 .JJ. cn•ue �.._�_.�__ 4��ey s _�yr,.amF fJaaS,e �_ _Mj_ •,__—,_�_. • • .ni" z s e ? .• a ... D� L,,w, �.wmFp r iy A q 9.A.3.c SITE PLAN i a 0 N R O L N O L U r L O Q 0 0 m L O Cl) O O O N N O N J d O O Cl) Ln N Q 7 Y V m Co U d U U as M O O O N N O N J d r C d E t V R r.+ Q Packet Pg. 561 speoassoao :podaid-wossol8 8BULMO 'MIC000ZZOZld : 99ESZ) dnijoe8 3d33 M-PE000ZZOZ-11d :)uawLloe;;V x w LL u- Z) wca aw CL ui En �© z in r Lu u- ¢w Lu m �a I Lu U g (n z O J AIRPORT PULLING ROAD Q :3 LL F- 0 Z J �- Lu Lu 0 Z Lu aU) ao ¢w I �¢ I w aw I- - -- ---- -- —� ui �a ❑ rn �a z �r A, AGRICULTURAL ASSISTED LIVING FACILITY J U iY Lu 2 L 0 I 9.A.3.c SOILS i O O Cl) Ln N Q 7 Y V m Co U d U U as M O O O N N O N J d r C d E t V R r.+ Q Packet Pg. 563 COLLIER COUNTY SOIL LEGEND REVISED 1190 H. YAMATAKI IMRIC H 2 H 3 H 4 H 7 8 10 11 H 14 15 16 H 17 H 18 -� 2 0 21 H 22 H 23 H 25 H 27 H 28 29 H 31 —� 3 2 33 34 35 36 37 38 39 H 40 41 42 H 43 45 H 48 H 49 H. 50 H 51 H 52 - H 53 H 54 H 56 HOLOPAW FS, LIMESTONE SUBSTRATUM MALABAR FS. CHOBEE, LIMESTONE SUBSTRATUM AND DANIA MUCKS DEPRESSIONAL RIVIERA,- LIMESTONE SUBSTRATUM-COPELAND FS IMMOKALEE FS MYAKKA FS OLDSMAR FS, LIMESTONE SUBSTRATUM HALLANDALE FS PINEDA FS, LIMESTONE SUBSTRATUM POMELLO FS OLDSMAR FS BASINGER FS RIVIERA FS, LIMESTONE SUBSTRATUM FT. DRUM AND MALABAR .HIGH. FS BOCA FS CHOBEE, WINDER AND GATOR'SOILS, DEPRESSIONAL HOLOPAW AND OKEELANTA SOILS DEPRESSIONAL BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS DEPRESSIONAL HOLOPAW FS PINEDA AND RIVIERA FS WABASSO FS HILOLO LIMESTONE SUBSTRATUM, JUPITER AND MARGATE SOILS URBAN LAND URBAN LAND HOLOPAW BASINGER COMPLEX URBAN LAND IMMOKALEE OLDSMAR LIMESTONE SUBSTRATUM COMPLEX URBAN LAND AQUENTS COMPLEX ORGANIC SUBSTRATUM UDORTHENTS SHAPED TUSCAWILLA FS URBAN LAND MATLACHA LIMESTONE SUBSTRATUM BOCA COMPLEX SATELLITE FS DUR.BIN AND WULFERT MUCKS URBAN LAND SATELLITE; COMPLEX CANAVERAL BEACHES ASSOCIATION WINDER, RIVIERA; LIMESTONE SUBSTRATUM'AND. CHOBEE SOILS DEPRESSIONAL PAOLA FS (1-8 percent slopes) PENNSUCCO SOIL (marl prairie) HALLANDALE AND BOCA FS (slough) OCHOPEE FSL, PRAIRIE (marl) OCHOPEE FSL KESSON MUCK FREQUENTLY FLOODED ESTERO AND PECKISH SOILS FREQUENTLY. FLOODED JUPITER BOCA COMPLEX BASINGER FS, OCCASIONALLY -FLOODED 1 Packet Pg. 564 9.A.3.c r a f� , dR Rut ILI MP4� AD r 1 SOILS Selected Custom Parcels Streets Map Wise N 17M County Boundaries `yg7,�►,, Parcel Outlines 40 Soils Boundaries I IN Q 0 59 118 177 ft Copyright 2022 MapWise. Inc. All rights reserved. www.mapwise.com. This map is informational only. No representation is made or warranty given as to its C ontent. User assumes all risk of use. MapWii;e and Its suppliers assume no responsibility for any losses resulting from such use. Packet Pg. 565 9.A.3.c FLUCCS MAP / VEGETATION INVENTORY i IL 0 N R O L N O L U r L O Q 0 0 m L O Cl) O O O N N O N J d O O Cl) Ln N Q 7 Y V m Co U d U U as M O O O N N O N J d r C d E t V R r.+ Q Packet Pg. 566 9.A.3.c JI.A ! r dR o f - - w o y+ - it Q �? ai O C L O M O O O N N O N J a to 7 y •f co I F L. U C C S CODE Labels Drawing Points Drawing iv Lines Drawing Polygons Drawing Selected Custom Parcels Streets DSM Hybrid w County Boundaries I V Parcel outlines Q 0 120 240 360 ft Copyright 2022 MapWise. Inc. All rights reserved. www.mapwise.corn. This map Is informational only, No representation Is made or warranty given as to its rnntant. Baer assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use. Packet Pg. 567 9.A.3.c FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 744 Disturbed This parcel is void of native habitat. The parcel was previously cleared and was historically a farm field. This area consists of secondary growth. The vegetation present consists of herbaceous grasses with some scattered Slash pines, cabbage palms and live oaks. The following are plant species identified on site. Common Name Scientific Name Indictor Status Dominance/Stratum Slash pine Pinus elliotti FACW Cp,O Live oak Quercus virginiana FACU Cp,O Cabbage palm Sabal palmetto FAC M,O Ear leaf acacia Acacia auriculiformis Exotic C.O Brazilian pepper Schinus terebinthifolius Exotic M,C Guineagrass Panicum maximum FAC- GO Bahia grass Paspalum notatum UPL G,C Lantana Lantana camara FACU GO Sandspur Cenchrus echinatus FAC G,C Beggers ticks Bidens alha FACW G.O Chocolate weed Melochia corchorifolia FAC G,O Broom sedge Andropogon virginicus FAC- G,C Whitehead broom Spermacoce verticillata FAC GO Dog fennel Eupatorium capillifolium FACW GO Grape vine Vitis rotundifolia FAC GO Virginia creeper Ampelopsis quinquefolia FAC G.O Cat -briar Smilax spp. FAC G,C ABREVIATIONS — Canopy (Cp), Midstory (M), Ground Cover (G) Dominant (D), Common (C), Occasional (0) INDICATOR STATUS - Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FAC), Upland (UPL) SURROUNDING AREA 1447 LIBRARY 1742 NURSING HOME 189 SOCIAL CLUB Packet Pg. 568 9.A.3.c HISTORICAL AERIALS i IL 0 N R O L N O L U r L O Q 0 0 m L O Cl) O O O N N O N J d O O Cl) Ln N Q 7 Y V m Co U d U U as M O O O N N O N J d r C d E t V R r.+ Q Packet Pg. 569 Page 1 0 / F.,Z- http.//w\vw.callierappraiser.comititi�ehmap/oLitpLILICailieT 1975_sdc0+7004133764712.ipg Packet Pg. 570 9.A.3.c ffs 1995 Setected Custom Parcels County Boundaries N Parcel outlines 0 59 118 M k Copyright M22 MapWiise. Inc, All rights reserved, www.rmapwise.corn. This map is informational only. No representation is made or warranty given as to its content, User assumes all risk of use. MapWlse and Its suppliers assume no responsibility for any lass*s resUlt ng from such use. Packet Pg. 571 9.A.3.c LUTGERT PARCEL LISTED SPECIES SURVEY Collier County, Florida SEPTEMER 2022 Prepared By: Collier Environmental Consultants, Inc. 3211 68t' Street SW Naples, Florida 34105 (239) 263 - 2687 marcoe@prodigy.net Packet Pg. 572 9.A.3.c Introduction / Purpose This survey and report are based on fieldwork performed during September 2022. Required to meet county review requirements, its purpose, is to identify and describe key habitats and report any listed species using the site that would be at risk due to possible future development actions on the site. Site Description The site consists of approximately 5 acres and is located in Section 2, Township 49, Range 25; in Collier County, Florida. This parcel is located at a very busy intersection The parcel is just south of the intersection of Airport -Pulling Road and Orange Blossom Drive. The parcel is on the south west corner of the intersection. Historically the area was in row crops. The entire region was farmed. The parcel remains cleared except for secondary growth and some scattered Slash pines. The ground cover consists of varying graminoids. Key Species Discussion Big Cypress Fox Squirrels Big Cypress Fox Squirrels are known to use similar habitat found onsite. Observations were keyed to searching for signs or calls of these animals, such as leaf nests in canopy trees or the distinctive chattering of territorial squirrels. No individuals were observed during this study. Bald Eagle A search of Florida Fish and Wildlife Conservation Commission nest locator shows a nest approximately a mile to the north west of the property. Florida Black Bear No individuals were observed during this survey even though Black bears are known to inhabit the general area. Special attention was given for signs such as scraps, tracks and scat. This mammal has a large home range and is known to inhabit the area. Packet Pg. 573 9.A.3.c Bonneted Bat The Florida bonneted bat is the largest species of bat in Florida. Previously known as the Florida (Wagner's) mastiff bats these bats were reclassified as a separate species unique to Florida. The species can grow to a length of 6.5 inches with a wingspan of 20 inches. This is a flying mammal free to traverse great distances. Examination of all trees with potential cavities was conducted. No individuals and/or guano were found. This project is not anticipated to negatively impact the species. Florida Panther No individuals have been documented utilizing this project site or identified during this survey_ This species does have a large home range and is known to inhabit surrounding areas. The site is not in the Panther Consultation Area. Gopher Tortoise No Gopher tortoise burrows were located/identified on site. Conclusions Transects were walked on straight compass bearings along a grid spaced at approximately 10 yards apart for the entire parcel. Other transects were primarily meandering transects This parcel has very limiting factors for any wildlife utilization. This parcel is void of vegetation and located in the urban area. Two roads border the parcel. To the north you have Orange Blossom Drive and to the east you have Airport -Pulling Road. Development borders the subject parcel to the west and south. During this survey there was a lot of high traffic noise and human disturbance. This corner is a high traffic area. The heavy traffic patterns and associate noise has a limiting factor on this parcel as suitable habitat. As a cleared field with secondary growth, examination for a species such as Gopher tortoises was carefully considered. In addition, careful examination of exting trees for cavities was also done. None were found The main vertebrates encountered were birds traversing the subject parcel. Packet Pg. 574 9.A.3.c WILDLIFE SPECEES OBSERVED Common Name Amphibian & Reptiles: Brown anole Birds: Dove- mourning Bluej ay Gray catbird Northern mockingbird Cardinal Killdeer Species Anolis sagrei Zenaida macroura C anocitta cristata Dumetella carolinensis Mimus pol lY Richmondena cardinalis Charadrius vociferus Status Packet Pg. 575 VAND ZILT•BEACn RD CJ~. L[L3 4� 1► •"..-T r ..... i�. .v0ooVE t 4 +r j• + '. .,:.{� C l-5 ;"1 .4 �p0J IMLRnLa�r; _ r MtRALp LAKE UK. z � •,' •� r I 1 1 - I..\N _ �VBIRCHMDRL STD CITRUS L•A,.L OR . '�� SAN GAHRhFI. LN � " z U • "- _ Via' �, .D: vflwp i vt 3 F�4.�r tigf. • wlN�soac ci ,►i4. /; /ON DRLO n` c m • Y- r x SIENq WOES Cll r �!, 8AR k5Bl}RY LN D 4 � n ORANGE BLOSSOM �R — gUGAR MAGNOLIA CIR � N - ORAtICE BLpsy � ' 0 pR ._ - ILREGA►O IR• w 4 HUNTERS WAY ■A G� 1 ARBOU W LK CIR PARK•DIR y m —' ICORONADp - z ` z o opIF�I .Eal�i�l�f11!llllwl'ISti�IA+i`� i74 12 TRADE CENTER•WAY nr .IteMl�Yl":1 .dam �l_ 1• �, ate.. z .,�L �■ w.1�•s w r/ aJaNDCBLVD��s��' FOtlNTAiNVI'WCIP .py.i� -_ m Ah SERVICE DR w x imp s • •=rw.- 00 V ;� n• ... 111 r�!• ■' ,c� "► ARD15:A L N .r..� HOLL, WOOODR 1 Z �d seWAv'e >��d = r .+ +..-,•y,. COUGAR OR �• �i �`� �r Mt cAN Lr. �� _ � K � �. • PINE RUN RDi x rt l 1 rrAcaRJ ME>4DO1/YCi ; ILI oi PINE RIDGE Ram PNE RiOGE RD - -PINERIOCiERD IN RIDGE RD 9.A.3.c t�l _ At , X� AM 1 t Ma Wise 2022 _ LOCATIONSelected Custom Parcels 1 Streets MapWise V County Boundaries A V� Parcel Outlines 0 59 118 177 n Copyright 2022 MapWlse. Inc, All rights reserved. www,mapwise,com, This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use, MapWise and its suppliers assume no responsibility for any losses resulting from such use. lz M m U i2 U U at M O 0 0 N N O N J fi �i C d E t V R r-, r Q Packet Pg. 577 9.A.3.c ' ►"Will I MIMI �r i � � :1 R1� , it � • ` � � r" do, - V FLUCCS CODE LabelsDraviting Points Drawing N Lines Drawing Polygons Drawing Selected Custom Parcels Streets OSM Hybrid County Boundaries Parcel Outlines 1 0 120 240 3601i Copyright 2022 MapWise. Inc, All rights reserved. www•mapwisexarn. This map is informational only. No representation Is made or warranty given as to its content. User assumts All risk of use. Mepwise and its suppliers assume no responsitillity for any Iosses resulting from such use, Q. m � U IL U U M O O O N N O N J a C d E t V p Q Packet Pg. 578 9.A.3.c FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 740 Disturbed This parcel is void of native habitat. The parcel was previously cleared and was historically a farm field. This area consists of secondary growth. The vegetation present consists of herbaceous grasses with some scattered Slash pines, cabbage palms and live oaks. The following are plant species identified on site. Common Name Scientific Name Indictor Status DominancelStratum Slash pine Pinus elliotti FACW Cp,O Live oak Quercus virginiana FACU Cp,O Cabbage palm Sabal palmetto FAC M,O Ear leaf acacia Acacia auriculiformis Exotic C.O Brazilian pepper Schinus terebinthifolius Exotic M,C Guineagrass Panicum maximum FAC- G,O Bahia grass Paspalum notatum UPL G,C Lantana Lantana camara FACU G,O Sandspur Cenchrus echinatus FAC G,C Beggers ticks Bidens alba FACW G.O Chocolate weed Melochia corchorifolia FAC G,O Broom sedge Andropogon virginicus FAC- G,C Whitehead broom Spermacoce verticillata FAC G,O Dog fennel Eupatorium capillifolium FACW G,O Grape vine Vitis rotundifolia FAC G,O Virginia creeper Ampelopsis quinquefolia FAC G.O Cat -briar Smilax spp. FAC G,C ABREViIATIONS — Canopy (Cp), Midstory (M), Ground Cover (G) Dominant (D), Common (C), Occasional (0) INDICATOR STATUS - Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FAC), Upland (UPL) SURROUNDING AREA 1447 LIBRARY 1742 NURSING HOME 189 SOCIAL CLUB Packet Pg. 579 BLACK BEAR CALLS 9.A.3.c 11lAtLi . Aiim.a a +.F ilr t s i � A, , m C n FN9 16 bL r i look"', ,�.. . N ? I sun Village A I L, {r Lane Oak iieler week 1 K m d Dt1e .+ TV dit, nf t 611116 10114/2022, 9:04:18 AM 'p Black Bear Calls 1:9.028 0 0.05 0.1 0.2 mi 0 0.1 0.2 0.4 km a Honda Fish and Wildlife CMS"atron COrnmissicw-Frsh and Wildlife Research Institute, State of Flonda. Maxaf. County of Collier Esri. HERE Cwrmm GeoTeafwv"mn, mit LMscla,nvi 1 hre graPhrtal repraaentalral is pfnvrder7 In InforfnM011111 purposes and 11MU113 not 06 COMKIWOd aufhon %* for navgatWnal. enq,neeru,g Packet Pg. 580 9.A.3.c do M T Pill T� A = J' 1 Y. Ovall r. - •r- . M r. z MapWise 2022 TRANSECT WALKED Labels Drawing Points Orawing IV Lines Drawing Polygons Drawing Selected Custom Parcels Streets OSM Hybrid County Boundaries IV Parcel Outlines 0 59 11A 177It Copyright 2022 Mepfta, Inc. All rights reserved, www,mapwise.com.This map Is Informational only. No representation Is made or warranty given as to its OntMt, User assumes all ruff of us*, 4Mpw15! #ntl Its suppllar! 01"Urno no nTtpOnsibility for piny lasses resulting from such use. >Z 7 Y V M CO U d U U as M O 0 0 N N O N J d C cd C t V R r Q Packet Pg. 582 9.A.3.c TREE SURVEY i IL 0 N R O L N O L U r L O Q 0 0 m L O Cl) O O O N N O N J d O O Cl) Ln N Q 7 Y V m Co U d U U as M O O O N N O N J d r C d E t V R r.+ Q Packet Pg. 583 speoissojopodiiVeeemossojEj OBue-10 t76tC000ZZOZ-ld : 99CS;Z) dmpeq OdOO t,6t7C000ZZOZ-1d :4uOwL1De11V F-g 00 LO di Ny uhe m AARPM p LUNG RD 14 _T�t C4 Frill 4W. Zeeeeee-dr� U M Q Oi M ' a Ln G o O w O O N N O N J � a aU 0 0 N R F a z u s rn � M c\ cu OC \\ O Q \ - \ \\ ^ iaj - bba F J I" } (~.) W SL046 W W ,d co 0 U) � ' ltlNtlO N 1 G o o QC a'o) Otloa oNnlnd-laOdWV \ 0 a \ 0.-zLL 1 1 r \6 a n\ 1 a I p > rc s 7i Y ay � w i w a rn w wo o R I z N O U � � o mc,4 0 z rn J w U) IL d w a H O N Z J w W Q % N U w z w } W � Z 0 U a U r =w=o0 Z Y LL W N > W p pOcvp 2 U wm Q ¢z<8,, U a aapz N ozpw 0 FWz, z ¢wo�zz 0 F.. O-w QOLNW 2 LL i m W= W J o0w z z oW ,�wOww m¢W�wx W 5x < F N i 7 Q w } HOm OU Q? m Q W F 1SNON o Ile c m a< 9' r M oee IE --- is d w a w w cl to w w a LSNON I ui _ at � z _ " e I 1S'NON \ f � 31tl03NO1S � / 3AIaO 3Na 31tl03N015 O I .4. m - \, I 52 z� of SE096 —r y -„33=g« 8<�C •seomosai ol6oloaeyae jo ouuopq 6ugeu6lsep eoinos Rlunoo NOHiO L ZOZ/LZ/O L ONINOZ �NOISIAMI 1SVI Iepilo ayl eie sdeW pplgegold Ieol60109e 00 LP> 6 a a tU R a 9.A.3.c Orange Blossom/Airport Crossroads Commercial Subdistrict (PL20220003494) Exhibit V.D Growth Management The small-scale plan amendment to the Orange Blossom/Airport Crossroads Commercial Subdistrict is being filed to increase the allowable commercial square footage from 40,000 square feet to 75,000 square feet of retail/office and service uses and up to 104,000 square feet of indoor self and auto storage on Parcel 2 the existing subdistrict, which would increase the allowable square footage in the overall subdistrict from 94,000 square feet to 233,000 square feet. Under Chapter 163 F.S., local governments are authorized to adopt and amend their comprehensive plans. Staff has requested that the applicant address three sections from Chapter 163. Chapter 163.3167 Scope of act.— (9) Each local government shall address in its comprehensive plan, as enumerated in this chapter, the water supply sources necessary to meet and achieve the existing and projected water use demand forthe established planning period, consideringthe applicable plan developed pursuant to s. 373.709. The project will be provided potable water and sewer service by Collier County Water Sewer District. No capacity issues exist or are anticipated in the service area. Chapter 163.3177 (6) (a) 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. August 29, 2022 (�P�l(�\ ��Illf)I' © Page 1 of 4 Exhibit VD Growth Monagement.docx CIO[ 1!n;;inccls • Land Sunnurs • Hanlic], • Landacapv \n hili cts Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor. corn Packet Pg. 586 9.A.3.c Chapter 163.3177 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. The Orange Blossom/Airport Crossroads Commercial Subdistrict is consistent with Chapter 163.3177, F.S. The site has water and sewer services available and there are no known deficiencies. The site is already designated for 40,000 square feet of commercial uses. The applicant has commissioned a professional market feasibility analysis which concludes that there is a demand for the requested square footage for office, retail, service and self storage uses. Under the newly proposed text and map amendment, Parcel 2 would be allowed up to a maximum of 75,000 square feet of retail, medical office, general office and service uses and up to 104,000 square feet of indoor self storage and indoor auto storage. Parcel 2 of the subdistrict includes all available land under single ownership of a size adequate to support a commercial project. 163.3184 Process for adoption of comprehensive plan or plan amendment. This section of the statute outlines the process and authority for agency review of plan amendments. The applicant understands that regional and state reviewing agencies will be responsible for review of any comprehensive plan amendments per the requirements of Chapter 163.3184 F.S. The applicant's experts are of the opinion that there are no regional or state impacts associated with the application. Project Justification Future Land Use Element: The 5± acre project is designated Orange Blossom/Airport Crossroads Commercial Subdistrict on the Future Land Use Map. A Small -Scale Growth Management Plan amendment application has been filed as a companion application to the Lutgert Medical Center CPUD Rezone. The Commercial Subdistrict permits a maximum of 74,000 square feet of gross leasable area for financial institutions, schools, professional, medical and general offices, adult and child day care, personal and business services, and a maximum of 20,000 square feet for the clubhouse facility, all of which uses are allowed by right or by conditional use in the C-1 Zoning District, as identified in the Collier County Land Development Code, Ordinance No. 04-41, as amended. The increase in allowable square footage to a maximum of 233,000 square feet is supported with a Market Demand Analysis. August 29, 2022 Page 2 of 4 Exhibit VD Growth Management.docx Packet Pg. 587 9.A.3.c Policies 5.3 and 5.4 of the Future Land Use Element require that rezoning's must be consistent with the Growth Management Plan. Upon approval of the companion growth management plan amendment, which will amend the Orange Blossom/Airport Crossroads Commercial Subdistrict, the proposed CPUD rezone may be deemed consistent with the Growth Management Plan. Policies 5.5 and 5.7 of the Future Land Use Element discourage urban sprawl by confining urban intensities of development to those areas designated Urban on the Future Land Use Map. The site is located within the Urban area and is located in an area of the County that is served by public water and sewer. The site is located in an area already having mixed use and commercial development at densities and intensities comparable to that proposed. Policy 5.6 requires that new developments shall be compatible with and complementary to the surrounding land uses as set forth in the Land Development Code. The site currently allows commercial land uses. The proposed commercial uses are complementary and compatible for the area. The proposed commercial uses are consistent with the current C-1, Intermediate Commercial zoning and limited complementary uses as proposed. The central location to the area hospitals and residential neighborhoods makes it ideal for services and employment opportunities. Objective 7 and the implementing policies promote interconnection with adjoining neighborhoods and streets. The project has direct access to Airport Road and Parcel 2 is required to interconnect to the adjoining Parcel 1 of the Subdistrict, which will provide access to Orange Blossom Drive. Transportation Element: Policy 5.1 requires that all projects are evaluated to determine their effect on the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR. This CPUD application includes a comprehensive assessment of the transportation impacts associated with the project and concludes that adequate capacity exists to accommodate the proposed increase in commercial square footage. Public Facilities Element: The property is served by potable water and sanitary sewer services. Water and sewer service will be provided by Collier County Water Sewer District. No capacity issues have been identified or are anticipated in the future. Conservation and Coastal Management Element: August 29, 2022 Page 3 of 4 Exhibit VD Growth Management.docx Packet Pg. 588 9.A.3.c Policy 6.1.1 requires that developments containing native vegetation communities must retain a percentage of existing native vegetation on -site. Parcel 2 have been previously cleared and filled. Only scattered pine trees and palm trees exist on site. No native vegetation preservation is required for the project. August 29, 2022 Page 4 of 4 Exhibit VD Growth Management.docx Packet Pg. 589 C/■) Co U) (1) > C.) co ■ tt. c O < cn co 0 (D Z :> All E w 0. CD 4-0 C CL I 1 -mo#ee6ueo m«00o22-ld:mG»dnpeq oomHD#22-ld:wewu3e,¥� 2 » 2 / ? / \ co 9 Ln co \ k m 0 — c \ \ O _ ® = / \ CL ® \ & � 5 cn co— g % / < / \ 5 2 » 0 \ a n o. 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O CO 0 -7 a O C E y � Y O M 0) CM c (n L) m m 'O .O N D) f6 0 .= N m "4 E M a) t f6 H m H 0 G E H(nO(n(n m L(n mM 0 2 = -LuOsso18 96ueaO V6V£000ZZOZId : 98£SZ) dn),pe8 OdOO V6V£000ZZOZId :;u9Lug3e4lV 9.A.3.c Orange Blossom/Airport CrossRoads Commercial Subdistrict (PL20220003494) Exhibit V.E Public Facilities Level of Service Analysis Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: The subject 5± acre property proposes to increase the allowable commercial square footage from 40,000 square feet to 75,000 square feet of retail/office and service uses an up to 104,000 square feet of indoor self and auto storage on Parcel 2 the existing subdistrict, which would increase the allowable square footage in the overall subdistrict from 94,000 square feet to 233,000 square feet. The public facilities analysis evaluates the project impacts on Class A public facilities including potable water, wastewater, drainage, parks, schools, roadways, fire/EMS and solid waste. The source for the LOS information is the Collier County 2021 AUIR, unless otherwise noted. Potable Water The property is located within the Collier County potable water service area. The LOS for potable water is based on residential population; therefore, the proposed project will not cause any LOS issues in the 5-year planning horizon. Sanitary Sewer The property is located within the Collier County sanitary sewer service area. The LOS for sanitary sewer is based on residential population; therefore, the proposed project will not cause any LOS issues in the 5-year planning horizon. Arterial and Collector Roads Please refer to the Traffic Impact Statement for discussion of the project's impact on the LOS for arterial and collector roadways within the project's radius of development influence. Drainage The County has adopted a LOS standard for private developments which requires development to occur consistent with water quantity and quality standards established in Ordinances 74-50, 90-10, 2001-2 and LDC Ordinance 2004-41, as may be amended. The property will be issued an Environmental Resource Permit (ERP) by the Florida Department of Environmental Protection (FDEP), which has established requirements for water quality treatment, storm water runoff attenuation and controlled off -site discharge of storm water runoff. The proposed development is consistent with Collier County LOS standards. December14, 2022 © (i1�wkNIinO1, Exhibit VE Public Facilities-rl.docx Civil El inners • band skme.wrs • Planned • Landscape Airhdecls Page 1 of 2 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. 604 9.A.3.c Solid Waste The property is located within the Collier County solid waste service area. The LOS for solid waste is based on residential population; therefore, the proposed project will not cause any LOS issues in the 5-year planning horizon. Parks: Community and Regional The increased office use has no impacts on this public facility. No adverse impacts to Community or Regional Parks result from the amendment of this subdistrict. Schools The increased office use has no impacts on this public facility. No adverse impacts to Community or Regional Parks result from the amendment of this subdistrict. Fire Control, Sheriff and EMS The proposed project lies within the North Collier Fire and Rescue District. The North Collier Fire Control and Rescue District - Station #44, located at 8970 Hammock Oak Drive, and Station #40, 1441 Pine Ridge Road, which is approximately 3.6 miles and 3 miles from the property at Orange Blossom Drive and Airport Road. No significant impacts to Fire Control level of service are anticipated due to the proposed project. Estimated impact fees for EMS and fire would be determined at time of SDP based on the size or type of development. Sheriff, Fire Protection and EMS Services location/address of facilities intended to serve the project are; North Collier Fire Control and Rescue District - Station #44 8970 Hammock Oak Dr., Naples, FL 34108 North Collier Fire Control and Rescue District - Station #40 1441 Pine Ridge Road, Naples, FL 34109 Collier County Sheriff's Office - District 1 776 Vanderbilt Beach Rd, Naples, FL 34108 December 14, 2022 Page 2 of 2 Exhibit VE Public Facilities-rl.docx Packet Pg. 605 U M d speoassoa0 :podany-wossol8 a6ueJO V6V£000ZZOZld 99£SZ) do)ioe8 Od00 -P6ti£000ZZOZId :IU8WLl3e4} N d OCD G M V OGA BLV Q a E E U Q LIV NGSTON RO D z u Q mW � J d W \ � U I v INTER5j/, T ST q O w O w � Q w O m cn ww w > > 0 U X U WLLI > 0 O O � U AD w O C Y - W U O C o _ V V R v - \\ }JI\ :J Q h E V t G G c �0 • Oj R O o 3 T g 3 Vj m 3 C `o c0 _ V m C� m ¢ O N a V] ¢ W 7 J N Z W o O N w Z O } O Z ¢ DocuSign EnvOGpe IQ: 810E8722-AFE"671-81305-A3FSM37CABO I I 9.A.3.c I JMB TRANSPORTATION ENGINEERING, I NG. TRAF rrlc/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT Lutgert Airport Road CPUD (Collier County, Florida) October 10, 2022 Revised December 14, 2022 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Major Study) Review Fee=$1,500.00 Prepared by: JMB TRANSPORTATION ENISINEERING, INO. 4711 7TH AVENLE SW NAPLES, FLORIDA 341 1 9 CERTIFICATE OF AUTHORIZATION No. 27830 WM$ PR4aECT No. 22031 1 ) JAME FLOW ...Sig-d by: ,,4Eiyylk��r'^�'ryTi��. E51908i 4023E+7F t•' A,M�6 �. e "� rfi� '.', ti NO 4,38 60 _ r STA SANKS,'P. ❑❑ � REG. ND. 4gp �l]'L �iEll lll!l�r�� Packet Pg. 607 DocuSign Envelope ID: 810E8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.3.c TABLE OF CONTENTS Conclusions Methodology Scope of Project Table A - Proposed Land Uses Master Concept Plan Figure 1 - Location Map Project Generated Traffic Table C - Net New Site -Generated Trips Table 1 - Trip Generation Computations Existing + Committed Road Network Project Traffic Distribution Area of Significant Impact Figure 2 - Project Traffic Distribution Figure 3 - Project Traffic Assignment Table 2 - Area of Impact/Road Classification 2022 thru 2026 Project Build -out Traffic Conditions Table 3 - 2022 & 2026 Link Volumes Table 4 - 2026 Link Volumes/Capacity Analysis Appendix 1 F, 3 3 3 3.1 3.2 4 4 4.1 5 5 5 5.1 5.2 5.3 6 6.1 6.2 7 a U m U a. U U a� M O O O N N O N J a. r c as E r a Packet Pg. 608 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.3.c Conclusions Based upon the findings of this report, it was determined that Lutgert Airport Road CPUD will not have a negative impact upon the surrounding road network. It was verified that all roadways, within the project's area of significant impact, currently have a surplus of capacity and can accommodate the traffic associated with the proposed project. As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. Because Lutgert Airport Road CPUD will not cause any transportation deficiencies to occur, the Developer will not be required to fund any off -site roadway improvements/mitigation, other than the payment of road impact fees, which will be used to fund a portion of the costs of area -wide improvements as established by Collier County's CIE and Long -Range Transportation Plan (LRTP). More specifically, the Developer will be required to pay for the project's portion of "consumed" capacity via payment of road impact fees. As set forth by Collier County's Impact Fee Ordinance, the fees are a pro rats assessment towards the funding of area -wide transportation improvements in order to support new growth. The amount of road impact fees paid per type of land use are determined via a "consumption -based impact fee approach", in which new development is charged based upon the proportion of vehicle -miles of travel (VMT) that each unit of new development is expected to consume of a lane mile of roadway network. The cost of consumed lane mile is based upon current roadway construction costs within Collier County. Therefore, the payment of road impact fees is the project's pro rata share of funding transportation improvements that are deemed necessary to support the demands generated by new growth. Methodology On August 23, 2022, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The $500.00 methodology meeting fee will be paid at the time of submitting the SDP application. Based upon staff review, the methodology was revised to include the traffic distribution based upon the use of the PSUTMS model. A copy of the revised TIS methodology (dated September 7, 2002) has been provided in the appendix (refer to pages M i thru M 12). 2 Packet Pg. 609 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.3.c Scope of Project Lutgert Airport Road CPUD is a proposed medical /professional office development with incidental retail use and self -storage space. The medical/professional office space (including incidental retail) will consist of 75,000 square feet of floor space, and the self - storage will be 104,000 square feet of indoor space (for a more specific list of potential land uses refer to the SIC codes provided in the Appendix — pages Al thru A4). The site is located on the west side of Airport -Pulling Road and south of Orange Blossom Drive, within Collier County, Florida- The project proposes to construct one (1) right-in/out access on Airport Pulling Road and have one (1) full on Orange Blossom Drive, which will be shared with an existing land use known as the Italian American Club_ The Lutgert Airport Road CPUD is expected to be constructed by or before the year 2026. For additional details, refer to the MCP plan (page 3.2). Tahle A Proposed Land Uses Proposed Land Uses SIC Codes Size Medical/Professional Refer to pages A 1 thru A2 75,000 s.f. Office Includes incidental retail Self -Storage 4225 104,000 s.f. Packet Pg. 610 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.3.c Immokalee Rd Piper Rd IJ —� rw I � Irnmakdlee Rd—d ' a I O 0 a o m m I a v m m I ~ m I I A 0 Y O I C� WORTH N.ms. c� a J 1 a I Vanderbilt Beach 4 on C 4 m mr - ViIlagewalk Circle kl'-��O�roneossam Dr 1n1 Daniels Rd J II 1 Hunters Rd r 1 Arbour Wal Sandalwood Ln Trade Center Wayr Osceola Trail J & C Blvd v Sable Rdi a Ln g rn o: `o m F Lny Bottlebrush Ln r Naples BIvd J C I ILivingston Woods Ln Pine iRg= I Kromer � 4— Pine a 0 Pompei Ln I o o N el~O I I [ 3 9 G� I LEGEND INTERSTATE Hr-HVIY pad° I I 6—LANE ARTERIAL �r i 4—LANE ARTER COU ECTa7R I2—LANE ARTER COLLECTOR 2--LANE COLL.E /LOCAL ��}} I RL ROAD g vAraTRAN6PdRTA71ON �NCaLNEERINI�, INCAI . Lutge rt Airport Road C P U D Project Location & August 16, 2022 Roadway Classification 3.1 FIGURE 1 7 Y v R m U d U U O M O O O N N O N J a. C 0) C t V a Packet Pg. 611 n Env-'--- m. n1—.1— x — . a — n . — A a11r — u speo.Issojo:pod.Ild-wossol8 GBuea0 ti617£000ZZOZ-ld : 98£SZ) do)ioe8 Od00 V6ti£000ZZ0Z-ld :;uauayoe;;d M Q c p `o I� ry api LL LL m U d w >- CL W¢ U 0 AIRPORT PULLING ROAD 4 N o 04 w _ N LL 5 aw -I I Z) Q o I I rvn z I w I w I I I Q y 2 I I w I X� E� s g ww -I I 2 m _ 22 Q - J Q U W 7 C w Lit 0 Q U] C p z I cn ¢ _^ $ n Q G� �V 2 �} II ww In wz I ww �� z I w < I z � LLu w m (L w J F- Q f (-) d) 3: �. im Z m 2 A, AGRICULTURAL ASSISTED LIVING FACILITY N r� a m u m a J. Z DocuSign Envelope ID: 810E8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.3.c Project Generated Traffic Traffic that can be expected to be generated by Lutgert Airport Road CPUD was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, I It' Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use codes Medical Dental Office (LUC 720) and Mini -Warehouse (LUC 151) were most appropriate in estimating the new trips. As determined, the project will generate 195 vph and 31.5 vph new trips during the AM and PM peak hours, respectively. Table 1 depicts the computations performed in determining the total new trips. Table B provides a summary of the trip generation computation results that are shown in Table 1. Table B Site -Generated Trips (Summation offable 1) New Daily weekday New AM Peak Hour New PM Peak Hour Trips Generated Trips Generated Trips Generated ADT (vph) h 3,266 195 318 The report concludes that the project will generate more than 100 new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "more than 100 trips", which is defined as a major study. 4 Packet Pg. 613 Docu Sign Envelope ID: 81 OE8722-AFE4-0671-8DD5-A3 F6A837CA84 9.A.3.c TABLE 1 TRIP GENERATION COMPUTATIONS Lutgert Airport Road CPUD Land Use Code Land Use Description Build Schedule 151 Mini -Warehouse 104,000 s.f. 720 Medical -Dental Office 75,000 s.f. Land Use Trip Generation Equation Code Trip Period (Based upon_ S.F.) Total Trips Trips Enter Exit LUC 151 Daily Traffic (ADT) = T = 1.45(X) = 151 ADT AM Peak Hour (vph) = T = 0.09(X) = 9 vph 5 / 4 7-9 AM 59% Enter/ 41% Exit = PM Peak Hour (vph) = T = 0.15(X) = 16 vph 8 / 8 4-6 PM 47% Enter/ 53% Exit = LUC 720 Daily Traffic (ADT) T= 42.97 (Xj - 108.01 = 3,115 ADT AM Peak Hour (vph) = Ln(T) = 0.90Ln(X)+1.34 = 186 vph 147 / 39 vph 7-9 AM 79% Enter/ 21% Exit = PM Peak Hour (vph) = T= 4.07(X) - 3.17 = 302 vph 91 / 211 vph 4-6 PM 30% Enter/ 70% Exit = TOTALS Daily Traffic (ADT) = 3,266 ADT AM Peak Hour (vph) = 195 vph 152 / 43 vph PM Peak Hour (vph) = 318 vph 99 / 219 vph Packet Pg. 614 DocuSign Envelope ID: 810E8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.3.c Existing + Committed Read Network Figure 1 and Table 2 provide a detail of the surrounding E + C roadways. Table 2 also depicts the adjacent roads' respective minimum level of service performance standards and capacity. The principal arterial that will provide immediate access to Lutgert Airport Road CPUD is Airport -Pulling Road and secondary means of ingress/egress will be provided via a shared -use full access on Orange Blossom Drive. Airport Pulling Road is classified as a six -lane arterial. The road functions as a primary north/south corridor that extends between its northern terminus at its intersection with lmmokalee Road and its southern terminus at its intersection at U.S. 41. Within proximity of the site, the posted speed limit of Airport -fulling Road is 45 MPH. Orange Blossom Drive is classified as a two-lane arterial, which extends east/west between its intersection with Goodlette-Frank Road and its intersection with Livingston Road. Project Traffic Distribution The project's traffic was distributed to the surrounding roadway network based upon the Florida Standard Urban Transportation Model Structure -District 1 (FSUTMS) and the model's applicable TA , land uses/distributions (refer to the FSUTMS results in the Appendix -see page M12). Figure 2 and Table 2 provide a detail summation of the traffic distributions based on a percentage. Table 2 and Figure 3 also depict the project traffic by directional volume. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Figure 2 depicts the project traffic distributions and Table 2 describes the level of impact on the surrounding roadways. Roads that were identified as being within the project's area of impact are shown in Table 2. Packet Pg. 615 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.3.c � � 1 J 5% 1 Immokalee Rd $% ► 8% -! � I� Immokalee Rd ■ f I � 1 � a � y m V y a i a i I ` d a NORTH a= I N.T.S. I � 0-I � I 3 a 249� 18% HVanderbilt Beach R H I ! n Vilagewalk Cirde 1 '---- Qaniels Rd 5 range Blossom Dr I 1 IHunters Rd Arbour wol a Trade Center Way Sandalwood Ln I f I --�IIr! ww �■`+ w4ymC�7 I Osceola Trail c lI Sable Rd' a o BNd 3ot}le6ru3l Ln(n} Noples� LVin ston Woods Ln f 7% inege 18% Kromer w ww� w w '''"ITTYYY" v I Pompei Ln p I -M '� IG g�d I I Granada II LEGEND JIMTRANSP❑RTATION ENGINEERING, INC. 24 Prdje.rt Traffic Diatributian Lutgert Airport Road CPUD Project -Generated FIGURE 2 Traffic Distribution December 14, 2022 9.1 1Packet Pg. 616 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.3.c Immokalee Rd � 5 -8� r 8 lmmakolee Rd 11 i I ■ a 1 � M I i 3 L 3 2. 0 a 0= C _ C � m J `I I NORTH CO r I ^ N.T.S. s zse 20 � �Vonderbilt Beach �T orange Blossom Or �T ViIlogewalk Circle i 1 fi Oaniels Rd 3 TC14 T� � taunters Rd I I Arbour Wal Sandalwood Ln Trade Center Wo i y Osceola Trail v J & C Blvd Ic SplNe Rdi a Ln �m 0 I ! Bottlebrush Ln } Noples Blvd J I L"svin ston Woods Ln 20 ■ Pine Ri ge Raa 20I Kramer I 11 a Pompei Ln o: I a � �$ I @Wa I I 1 �Canodu I I I I I LEGEND 1MTRANSPORTATIt7N ENUINLERING, INC. I Pne s. PM Pk fir Project Traffic Lutgert Airport Road CPUD Project -Generated FIGURE 3 Traffic Assignment December 14, 2Q22 S Z 1 Packet Pg. 617 n Envelope ID: 81OE8722-AFE4-0671-8D65-A3F6A837CA8O `0°`ainmn�'ia`nio o v a 000o a a a o❑ o 00 °r° vi z z z z z z z z z z z z z zz a� ❑ o D o 0 0 ❑ v v v v ❑ v ❑ ❑ v v ❑ ❑ an d d d 00 P- I• v CV 0� CO t• LO N 'Q' W r C3 r V i C] m (0 f-- tr) LO US M N 'T N Q LD r O r V co LO C7 � a)_JECV c•7 V N d O d d O fl fl d d r r r r p r a C.7 ❑ ❑ ❑ ❑ P ❑ P O ❑ ❑ D ❑ ❑ O ❑ O O ❑ ❑ 4 o o a O O o o r [V 04 N N CV M co m m m m m N C'V N N N N N N a7 A. fY p o en co u) z z w (n u) z z L U 5 w w a isi d x p Y p- cv L` jC"J m a� op oo Lr� M [p r n N cn � N � co Lp rL a 0 z o Y � z z z w 0 w w z z w cry � w w � w Lu � Lu a a 0- H U Q O ❑ (0 00 � c0 C CU t- C) CA N to � Im 00 � 07 N c ) 7 r t10 r r r It CO NM r IL (L LL O [] U a 0 0 a v v v v ❑ a v W 0 D 0 a o q o o c oO 0O r o 0 o C a v o 0 Q a��N�W ;o❑ �o�oLn �m� s�Nm T N — r7Lo W wa o i 10000C> oa0 0 00 0 000 0 CD CD CD J {/] 0 w 00000 000 0000 00 0 CD CD0 r.LO m u3 3Scvvvvo rrU) CD coC)m LO o0 Mo Q �... in j N m C7 ro M co M CO COM N7 CV ['7 m CV CI) co r r LU � a O a�� x ol❑wwww www ❑wL1Jw w w w w w w ❑❑ a aca �o LLL w N n (14 o rf Y a o o a o o ❑ x p °2 0 a N v d to S c Q c CD p ❑ d p G] 'o c ¢ Ln h N r Q 0. C 7pO ul Q 7 r6 JN ❑ 03 J ` 0 ❑ E10 CQ _ Q m II co V7 O li -0 � O Q' ❑ (n ❑ O ❑ LL O ❑ 7 li a @ an d v a m m o °' 73 w o m o S P C O p N ❑ '_ a ❑ ❑ C LI's U C q1 ❑ N N 0 0 N O N r N O (] m .❑ 6 ,- N N N N M M r M r N N N C6 v 0 ti7 �[] LO sD rD rD.-- a ) F R C � iL z fG to l7 E U U_ C O ❑ ❑ - li C3 0 Q 6 - F H a. m 6 'a Z f0 O❑ + +• At CD i UPS 0 c a s Q g 5.'3 z 11 > 0 DocuSign Envelope ID: 81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.3.c 2022 thru 2026 Project Build -out Traffic Conditions In order to establish 2022 thru 2026 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hourlpeak direction factor and annual growth rate were derived from the 2022 Collier County AUUIR Report. Using the annual growth rate, the 2022 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2022 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The 2026 vested trips "+" background traffic volumes are depicted in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2026 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a surrunary of the 2022 thru 2026 traffic conditions and the roadways' level of service and remaining available capacity. As determined, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out. Packet Pg. 619 .nEnv ...��.��.,��_.�� u spy ass aD :pomiV- mos m 8 eBUe 0 t76OOOZZ Z d:§2EgZ dmpee od 00 t,6 t7C OOOZZOZ d :4uOwLlDellV o w 2 � = a \ a k ! 2 CA q $to § § § G 2 2 iL m k a. rL /rz/ ¥ @ p p co cl) m > C \ W / ® ® J \ 2 § « / 2 @ > ©« G CL y 6 � 2 $ 2 A < w a w N aC14 W J < z z z z « « « F- W N Cp % \ / $ (} / o 2> 0 aQ«> m a B 0*4 v 04 m 2 \ k / Q ) > } 0 / COL k a § 0 \ \ \ §w [f{{ Z > 6 G § J R m Q § E § ) / ( ,� elope r e _722 — e,m— a «_s c , § \ © 0 f m Q 2) j / a \ 0 o �D o I t g r LO r e ?» § / 2 j / \ / %) % o m 0- a � ƒ+§@ G 8 8 c o ) � R \ \ � > � co co A e k) A = o = 3 « m ° " k m � ~ \ \ G $ m IL » } m m co z Lu$ Z z § A + _ E x � � r (c r n » U z a/ cl z z aLti 0. Q � - LU 0 2 ± � § m R r o 0 0 o m u ui > } f/ � §�z z z z a s z2± Q 0 { § _ K> e o (NJ ] ® o ) � a CO G G > 0 0 o 0 0 o m o 0 2 G 2 2 0 o N R to/ R w& 2 m I > � k _ m ', ) \ \ 2 c \ / E § ƒ / L § 2 0 E \ £ § G ) $ e R - C� Cj §cm \ (0,-1- 2 a \ a < 0 DocuSign Envelope ID: 810E8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.3.c APPENDIX Support Documents a a c� to t4 O L N O L U O L a O MO W C m L 0 M O O O N N O N J d w O M LO N Q 7 Y V R m L) d U U rn M O O O N N O N J d r.+ C d E t V t9 r a Packet Pg. 622 DocuSign Envelope ID: 810E8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.3.c EXHIBIT A LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMD), the Land Development Code (I_DC), and the Administrative Code in effect at the time of approval of the first Site Development Plan {SDP} or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 75,000 square feet of general commercial and office floor area and a maximum of 104,000 square feet of indoor mini storage or auto storage shall be permitted within the CPUD. 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. Accident & Health Insurance Services (SIC 6321); and 2. Accounting services (SIC 8721); and 3. Adjustment services (SIC 7322); and 4. Advertising (consultants) agencies (SIC 7311); and 5. Architectural services (SIC 8712); and 6. Auditing service, accounts (SIC 8721); and 7. Banks, Federal Reserve (SIC 6011); and 8. Banks, commercial: national (SIC 6021); and 9. Banks, commercial: not chartered (SIC 6029); and 10. Banks, commercial: state; and (SIC 6022); and 11. Banks, savings: Federal (SIC 6035); and 12. Banks, savings: not federally chartered (SIC 6036); and 13. Barber Shops, except for barber schools (SIC 7241); and 14. Beauty Shops, except for barber schools (SIC 7231); and 15. Bookkeeping Services (SIC 8721); and 16. Business Consulting Services, not elsewhere classified (SIC 8748); and 17. Civic, social and fraternal associations (SIC 8641); and 18. Collection Services (SIC 7322); and 19. Commodity Contracts Brokers & Dealers (SIC 6221); and 20. Computer maintenance and repair (SIC 7378); and (Lutgert Airport Road CPUD PL20220000533) October 14, 2022 Page 1 oj'10 At I Packet Pg. 623 DocuSign Envelope ID: 81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.3.c 21. Computer processing services (SIC 7374); and 22. Computer programming services (SIC 7371); and 23. Credit clearinghouses (SIC 7323); and 24. Credit Reporting Services (SIC 1323); and 25. Credit unions, Federal (SIC 6061); and 26. Credit unions, State: not federally chartered (SIC 6062); and 27. Data processing consultants (SIC 7379); and 28. Data processing services (SIC 7374); and 29. Debt counseling, no other miscellaneous services (SIC 7299); and 30. Dentist office/clinic (SIC 8021); and 31. Direct mail advertising service (SIC 7331); and 32. Doctors - Medicine offices & clinics (SIC 8011); and 33. Doctors - Osteopathy offices & clinics (SIC 8042); and 34. Doctors - Chiropractors offices & clinics (SIC 8041); and 35- Drug stores (SIC 591.2); and 36. Eating places (SIC 5812); and 37. Engineering services: limited to industrial, civil, electrical, (SIC 8711); and mechanical, marine and design 38. Essential Services, subject to LDC 2.01.03 including existing (SIC 3663); and radio and television broadcasting and communications equipment 39. Fire, Marine & Casualty Insurance Services 40. Health practitioners - not elsewhere classified 41. Home health care services 42. Hospital & Medical Healthy Services 43. Insurance Carriers, not elsewhere classified 44. Investment Advice 45. Life Insurance Services 46. Land Subdividers & Developers 47. Landscape architects, consulting & planning 48. Legal services 49. Loan brokers 50. Management Services 51. Management Consulting Services 52. Medical equipment rental and sales 53. Mortgage Bankers & Loan Correspondents 54. Miscellaneous Business Credit Institutions (Lutgert Airport Road CPUD PL20220000533) (SIC 6331); and (SIC 8049); and (SIC 8082); and (SIC 6324); and (SIC 6399); and (SIC 6282); and (SIC 6311); and (SIC 6552); and (SIC 0781); and (SIC 8111); and (SIC 6163); and (SIC 8741); and (SIC 8742); and (SIC 7352); and (SIC 6162); and (SIC 6159); and October 14, 2022 Page 2 of 10 Al Packet Pg. 624 DocuSign Envelope ID: 81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.3.c 55. Membership Organizations, not elsewhere classified 56. Optometrists -offices & clinics 57. pension, Health and Welfare Funds Services 58. Personal Credit Institutions 59. Photographic Studios, Portrait 60. Podiatrists - offices & clinics 61. Public Relations Services 62. Radio, Television & Publishers Advertising Representatives 63. Real Estate Agents and Managers 64. Secretarial and Court Reporting Services 65. Security Brokers, Dealers & Flotation Companies 66. Security and Commodity Exchanges 67. Services Allied with the Exchange of Securities or Commodities, not elsewhere classified 68- Shoe Repair Shops and Shoeshine Parlors 69. Short -Term Business Credit Institutions, except agricultural 70. Surety Insurance Services 71- Tax Return Preparation Services 72. Title Abstract Offices 73. Title Insurance Services 74. Travel Agencies (no other transportation services) 75. Veterinary Services, excluding outdoor kenneling 76. Warehousing and Storage, Indoor Mini and Auto Storage (SIC 8699); and (SIC 8042); and (SIC 6371); and (SIC 6141); and (SIC 7221); and (SIC 8043); and (SIC 8743); and (SIC 7313); and (SIC 6531); and (SIC 7338); and (SIC 6211); and (SIC 6231); and (SIC 6289); and (SIC 7251); and (SIC 6153); and (SIC 6351); and (SIC 7291); and (SIC 6541); and (SIC 6361); and (SIC 4724); and (SIC 0742) ; and (SIC 4225) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of2onIng Appeals (BZA) or the Hearing Examiner by the process outlined in the LQC. B. Accessory Uses: Accessory Uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Courtyards 2. Covered parking 3. Gazebos 4. Outdoor dining area 5. Walls and fences 6. Water management (Lutgert Airport Road CPUD PL20220000533) October 14, 2022 Page 3 of 10 A3 I Packet Pg. 625 DocuSign Envelope ID:81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.3.c Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined bythe Board ofZoningAppeals (BZA) orthe Hearing Examiner by the process outlined in the LDC. (Lutgert Airport Road CPUD PL20220000533) October 14, 2022 Page 4 of 10 A j- I Packet Pg. 626 ❑omSign Envelope IQ: 81DE8722-AFEO-4671-BDD5-A3FBA837CABO I I 9.A.3.c I JMB TRANSPORTATION ENGINEERING, INC. TRAFFIcITRANSPORTATIdN ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT METHODOLOGY Lutgert Airport Road CPUD (Collier County, Florida) August 23, 2022 Revised September 7, 2022 CounN TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Major Study) Review Fee=$1,500.00 Prepared by: JMB TRAN9pi3RTATu3N ENGINEERINra, INC. 4711 7TH AVENUE SW NAPLES, FLORIDA 341 19 CERTIFICATE cir AUTHORIZATION ND. 27830 WMB PROJECT No. 22031 1 ] 1-4 4'-7-Zr7z7- JAMES M ANIC8, P.E. DATE FLORIDAMEa. No. 43860 i I Packet Pg. 627 DocuSign Envelope ID:81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.3.c APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:8-23-2022 Time: Location: Collier County Government Offices (North Horseshoe Drive People Attending: Name, Organization, and Telephone Numbers 1) James M. Banks, JMB Transportation Engineering, Inc., 239-919-2767 2) Michael Sawyer, Collier County Government 3) Study Preparer• Preparer's Name and Title: James M Banks P.E. President Organization: JMB Trans ortation Engineering, Inc. Address & Telephone Number: 4711 7th Avenue SW Na les Florida 34119 239 -919- 2767 Reviewer(s)• Reviewer's Name & Title: Michael Sawyer Collier County Transportation Division Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: Lutg_ert Airport Road CPUD Location: West side of Airport Pulling Road and south of Orange Blossom Road Land Use Type: Medical/Professional Office (incidental retail) and self storage ITE Code #: LUC 151 and LUC 720 Proposed number of development units: 75,000 s.f. of Office and 104,000 s.fof self- storaize Description: Zoning: Existing: Comprehensive plan recommendation: Requested.: Findings of the Preliminary Study: See the attached AnpsM.dots.Sue.neW481204edbuac2ch+Vaskop'FfWCW20311 Lutger! Med-cad 0ftSA1effiW*gfRep01tdoc W I Packet Pg. 628 DocuSign Envelope ID:81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.3.c Study Type: Major -Scale TIS Study Area: Boundaries: Based Won the Coup 's 2% 2% & 3% im ct rule. See attached Additional intersections to be analyzed: None a Horizon Years): 2026 a 2 Analysis Time Periods): PM Peak 0 to Future Off -Site Developments: None t4 o Source of Trip Generation Rates: TTE Tri Generation Manual 11th Edition see Table 1 t= Reductions in Trip Generation Rates: 0 Q- Pass-by trips: None 4 Internal trips (PUD): o Transmit use: o Other: m Horizon Year Roadway Network Improvements: Collier County's 5-Year CIE. O MethodoloEy & Assumptions: 0 Non -site traffic estimates: See Attached CD Site -trip generation: See Table 1 0 Trip distribution method: Based upon manual assignment See Table 2& Figure Z} � Traffic assignment method: a Traffic growth rate: Per Collier County Historical & Current AUIR Reports, but not less M than 2% or background or vested trips method, whichever is N _greater. a 0 U m U a U U rn M O O O N N O N J a. r.+ C d E t V r a AffpSYltl-dw.s.frv9.ncY8d8f20dedbdac2rh�askfo raft!s1�20317WgulMcdxafO.n�eJ.'.le:r:c�c'a7.•:.:^pancc^ M-3 1 Packet Pg. 629 DocuSign Envelope ID: 81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.3.c Special Features: (from preliminary study or prior experience) Accidents locations: Sight distance: Queuing: Access location & configuration: Traffic control: Signal system location & progression needs: On -site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study — No Fee Minor Study - $750.00 Major Study - $1500.00 X Includes 2 intersections Additional Intersections - $500.00 each None AII, fees will he agreed to during the Methodology meeting and must he paid to Transportation prior to our sign -off on the application. SIGNA R S Study reparer Reviewers Applicant hrlpg tlddacr.frv�.neN8d6l20dedtEar2ch�L�askloyProle� If LWgrM 7dedra! 6Frcs^icG:�dokSYReAa'L�`oc A Packet Pg. 630 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.3.c 1 I� Immokalee Rd Piper Rd TImmokalee Rd I � v I a I a m a. C i a � I0 I � m o I °I p NORTH I 01 n, N.T.S. 'D Vanderbilt Beach C ml `a Villagewalk Circle Oran a Blossom Dr Daniels Rd -5 I Hunters Rd 0 r Arbour Wa Sandalwood Ln Trade Center Way Osceola Trail J do C Blvd g Sable Rdi a Ln 2 y Bottlebrueh Ln f} Naples ENd Livingston Woods Ln Pine ge Roo I Kramer 4- Pompei Ln ow n on G� I LEGEND d INTERSFATE HIGHVY Gsana BW I 6—LANE ARTERKA I I 4—LANE ARTER COLt£CTOR �+ I2—LANE ARTER COLLECTOR 2—LANE COLLE /LOCAL ,WTIRANBPORTATIDN ENGINEERING, INC. R11L ROAD 3 Lut ert Airport Road CPUD Project Location & August 16, 2022 1 Roadway Classification FIGURE 1 sZ 7 Y V R a. c.� U U O M O O O N N O N J a. a) t cc .r a AS Packet Pg. 631 nEnv 2 � � s js o o :pomiV- mos q§ GBUe 0 1VC 0OOZ OZ d � ; 0z \0§0 zC'n§ ogOS, 2�zl� S2E00 k 27 \6 k-n JB )k �- k§ k $ §/ )� §N 9§ )$o 2°k g/R am§ ma. 9g §)k aK§ 22 \ �\§ W F- O Z � )!\m a!§$ / &■22 a mm�M. Um m N m b §@£ Z do)loe 8 od oo t,6OOOZZOZ d :luGwLlOellV b §% � !k & $| � =3 \!| 25.0,mo¥¥ARD SE113ACK . ■'f H �- _2 J@ &|t § R K\ §� ) � j DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CA80 9.A.3.c TABLE 1 TRIP GENERATION COMPUTATIONS Lut ort Air art Road CPUD Land Use Code Land Use Description Build Schedule 151 Mini -Warehouse 104,000 s.f. 720 Medical -Dental Office 75,000 s.f. Land Use 'trip Generation Equation Code Trip Period (Based upon S_F_1 Total Trips Trips Enter/Exit LUC 151 Daily Traffic (ADT) = T = 1.45(X) = 151 ADT AM Peak Hour (vph) = T = 0.09(X) = 9 vph 5 / 4 7-9 AM 59% Enter/ 41% Exit = PM Peak Hour (vph) = T = 0.15(X) = 16 vph 818 4-6 PM 47% Enter/ 53% Exit = LUC 720 Daily Traffic (ADT) = T= 42.97 (X)-108.01= 3,115 ADT AM Peak Hour (vph) = Ln(T) = 0.90Ln(X)+1.34 = 186 vph 147 / 39 vph 7-9 AM 79% Enter/ 21% Exit = PM Peak Hour (vph) = T= 4.07(X) -3.17 = 302 vph 91 / 211 vph 4-6 PM 30% Enter/ 70% Exit = TOTALS Daily Traffic (ADT) = 3,266 ADT AM Peak Hour (vph) = 295 vph 152 / 43 vph PM Peak Hour (vph) = 318 vph 99 / 219 vph mi IPacket Pg. 633 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.3.c � 1 1 Immokolee Rd 41 8% $� 5% Immokalee Rd m m 10 _ 1 � I c C I c L�° qn ❑ I NORTH m N.T.S. -1CL 1 ' 1 � F 31 a .WVonderbilt Beach R� ► I � ■ 11 + � ViIlpgewalk Circle +1 ii7 +F' 6%� Daniels Rd �r Orange Blossom Dr 1 o I Hunters Rd r � Arbour Wa rl I Sandalwood trl aTrode Center WayI Osca la Trail c J C 81�rd + c Sable Rd' In n 4 1 � jn BattiebrUSh Ln W :E Naples Blvd I II 1 � Pine Pompei Ln Uj �I � GaAl tyd G{°r°do B JIMTRANSPCIRTA-M]IN ENGINEERING, INC. Lutgert Airport Road CPUD l-Win stun woods Lin 1$°Jv Kromer Ix C, I I I I I LEGEND 7% 4_� Project Traffic Diatribution Project -Generated FIGURE 2 Traffic Distribution 16, 2022 ?N 9 Packet Pg. 634 n Envelope ID: 81OE8722-AFE4-0671-8DD5-A3F6A837CA89 = U O tp t1) Q 0 0 0 Q Q Q O O z Q z C Z`t�-vi Z Zzz z z Z z Q � ❑1 — U) w � U O ❑ ❑ ❑ v a o v d O P a a o ❑ P P o a v ❑ ❑ a o P a a s w M lt O co f- E• r N N 00 m N M r U') m n to LD LO m N N LO m a. rcYinio 00o via o C3 zs 0 L U �� a e e ❑-,0- v� 0 ❑ v P o a ❑ ❑ O o v a O P o ❑ ❑ 0 0 R N CN N N c+7 co C7 M N N N N N N _ r rn rn z z w 0 U7 z w� Lu dp �! Z ! 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Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor. corn Packet Pg. 639 V M CD a) a--+ A--+ Ca) G H L co J 0 N d X v w 0 @ a) oq O c d a m C N w c N O m i O. N fy6 N 'O E O.C. m N O 0 LL' mmD ° a°)i N N U z o� m nn'�N et OMD ca mm J ) oQLL 'mc0 N°6 aNL"��" LmNu E °G T-0 cy d -C O y a OovO 0C iN� 'an) w .o°°o O 0 'BO C O 3 O E OiE °E a) Em vo« o °° p « oco c 0G:j M u � yZ o Ydid:1C.+: a m O nn oQ maNN °f6 3 m O C 'O{{ :E O c—Fyp 'oE> mN ay6 W3 yO ma) aa' :Ec -m G °> '2 W In O o u amV>� m a a°°Uc`:ym IS N -monn t ° p N aOE a> �O° 0 'OO 0 m m m N m N N_ o O N c ._:O c ._+ N N ° e OO� Em w LL .Em O D m U- UaJ U U mJ U d 0 Z p w.0 pNmaN� w 1 N N 2 I I a mS Mn o E m •+ C Nw'O m O.p9 3 C N= f"i N 1 O � ° °. 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Z N Lo 0 K N F O OWD O W N O LL 2 o_ Lu a O N < Z J Lu 0 W %Lu Of N O z W 0 Z) ^ U a O U r =w=o0 ZOf Y LLOWN; - W OpO �p 2 U Wm Q Q Zv�N U a aLU ooz y oza-w FW0 Z' z ¢K -F,ZZ O wN�0EW 0l Q OILN W 2 LL QmW=W O ZZOOK OFwwOOI m¢W�wOf w 5WZMX F Nli 7Q W } H Om OU<— m Q R -NON IS _ Zt 1S O 1 / _ F w I I / �Ile ua E >I 3 N W C ♦7 0 5 �a Q H ^ co a >m _ W M os> 16 --- a .S w W Z Nat oz� w a IS -NON I w _ e m ------ -- ----- ^ fd W — O 81 e I am v L------ -----------q ---- -- 0— — a t; jag^ m _ IS -NON ^ —R -- ^ ^ x ^ ,. F K Z D r ^r \ f � 31tl03NO1S � / 3AIaO 3Na 31tl03N015 A I .4. m -- z� y SE096ci „„33aa `•x11 ?€5 iJmm •saoinosai ol6oloeeyo/e jo oljolsly 6uileu6lsep aoinos Rlunoo a3H10 6ZOZ/LVU ONINOZ �NOISIAMI 1SVI lep4o ayl eje sdeW AIIlgegad leOl60109e 9.A.3.c Orange Blossom/Airport CrossRoads Commercial Subdistrict (PL20220003494) Exhibit V.G3 Deed May 6, 2022 M 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. corn Packet Pg. 642 INSTR 6213283 OR 6091 PG 3132 E—RECORDED 3/3/2022 10:38 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $39,270.00 REC $35.50 CONS $5,610,000.00 9.A.3.c This Instrument Lauren E. Roman Barack Ferrazzari�q 200 West Madison Chicago, IL 60606 by: & Nagelberg LLP 3900 After Recording Return C. Neil Gregory Bond Schoeneck & King 4001 Tamiami Trail North, Suite=i Naples, FL 34103-3556 Property Folio Number: 00238000005 WARIr}"QT EED This Warranty Deed made and execuday of February, 2022, by VENTAS NAPLES, LLC, a Delaware limited liability co pan". a address is 353 N. Clark Street, Suite 3300, Chicago, IL 60654, hereinafter called the gr ` ore�t,LUTGERT MEDICAL CENTER, LLC, a Florida limited liability company, whose office=drs'`r 4850 Tamiami Trail North, Suite 200, Naples, FL 34103, hereinafter called the grantee: 1 (Wherever used herein the term "grantor" and grantee inc#tide all the parties to this instrument, singular and plural, the heirs, legal repro~ . ati, es, and assigns of individuals, and the successors and assigns, wherever the cltext s admits or requires.) Witnesseth: That the said grantor, for and in consideration of the.taii 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by the p nts does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee all tha land situate in Collier County, State of Florida, viz: See Exhibit "A" attached hereto and made a part hereof. Together with all the elements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. Naples, FL I Warranty Deed ' Lutgert Title, L 1 8493.v4 4001 Tamiami Trail North, Suite 103- Naples, Florida 34103 Packet Pg. 643 OR 6091 PG 3133 9.A.3.c And the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee simple, that it has good right and lawful authority to sell and convey said land, that it hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, EXCEPT that this conveyance is SUBJECT TO: (i) all covenants, easements, and restrictions of record as of the date hereof; (ii) all matters which would be revealed in an accurate survey or inspe�ti, ' of the Property, (iii) all laws, ordinances and governmental rules, regulations and restrictiale ng the Property; and (iv) ad valorem taxes for the year 2022 and subsequent years. IN WITNES V14E1kEOF, the grantor has caused these presents to be executed in its name, and its corporatp be hereunto affixed by its proper officers thereunto duly authorized, the day and year firstwritten above. [Remainder op ge intentionally left blank; signature page follows] Naples, FL I Warranty Deed 2128493.0 Packet Pg. 644 OR 6091 PG 3134 9.A.3.c Name: (print) ?` STATE OF COUNTY OF W O U, VENTAS NAPLES, LLC, a Delaware limited liability company By: Ventas Realty, Limited Partnership, a Delaware limited partnership, its sole member By: Ventas, Inc., a Delaware corporation, its general partner By: Name: hristian N. Cummings Title: Senior Vice President The foregoing instrument was ac owledgid -b" (� online notarization this V day Senior Vice President of Ventas, Inc., a Delaware Partnership, a Delaware limi a tne�_ on ha liability company. Q'She Lis personally known identification. —----—-————— DAWN S GREENBERG Official Seal Notary Public - State of Illin]20225 My Commission Expires Mar 31. me by means of U physical presence or 2022, by Christian N. Cumminas , as 4.0%1 on behalf of Ventas Realty, Limited etas Naples, LLC, a Delaware limited e qk has produced as LIC: Sign Print State of at Large�k> .F P . My Commission E'I �dl mod. Grantor's signature page to Warranty Deed Seal) 5 Packet Pg. 645 *** OR 6091 PG 3135 *** 9.A.3.c Exhibit A Legal Description COMMENCINGaAT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 I& - ,OLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTI(QNa KTH 2° 14' 00" WEST 1708.10 FEET; THENCE PARALLEL WITH THE NORTH LINE Q�T44-�OUTH 1/2 OF THE NE 1/4 OF THE SE 1/4 OF SAID SECTION 2, SOUTH 89° 51'N'T,100.07 FEET TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 31 AND TH UCE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING PARA LLEL WITH THE NORTH LINE OF THE SOUTH 1 /2 OF THE NE 1/4 OF THE SE 1) (44., AID SECTION 2, SOUTH 89° 51' 42" WEST 660.00 FEET; THENCE NORTH 2° 14' 01,,' EST 330.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF THE SOUTH 1 /2 OF TT WNE 1/4 OF THE SE 1/4 OF SAID SECTION 2, NORTH 890 51' 42" EAST 660.00 FEET T(};4 ST RIGHT-OF-WAY LINE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, 14' 00" EAST 330.00 FEET TO THE PLACE OF BEGINNING. Exhibit A-1 2128493.v4 El Packet Pg. 646 9.A.3.c Orange Blossom/Airport CrossRoads Commercial Subdistrict (PL20220003494) Exhibit V.G4 Affidavit of Authorization May 6, 2022 M 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. corn Packet Pg. 647 9.A.3.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220000533 and PL20220003494 Howard 6. Gutman (print name), as Manager (title, if applicable) of Lutgerl Medical Center, 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 a. Grady Minor & Associates, P.A, and Coleman, YO-anovich & Koester, P.A. to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the carp. pres. or v. pres. • If the applicant is a Limited Lfability Company (L.L.G.) 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 per' l/I c e that I have read the foregoing Affidavit of Authorization and that the facts stated in i mar I]- - 2- Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoinginstrumentwas acknowleged before me by means of M physical presence or ❑ online notarization this � day of rvcwa.A?f , 24 n , by (printed name of owner or qualifier) Howard B. Gutman as Manager Such person(s) Notary Public must check applicable box: I Are personally known to me 0 Has produced a current drivers license 0 Has produced as idsntificatian. Notary Signature: Aq r4A CP109-COA-001151155 HE V X 2020 BARSARA J. CUNNINGHAM Notary Public, State of Florida -.omrn Expires Nov. 23, 2024 Gomrnisslon No. HH 47423 Packet Pg. 648 9.A.3.c Orange Blossom/Airport CrossRoads Commercial Subdistrict (PL20220003494) Exhibit V.GS Addressing Checklist May 6, 2022 M 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. corn Packet Pg. 649 9.A.3.c Co Ter C;OUHty 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] 00238000005 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] S2/T49/R25 STREET ADDRESS(ES) where applicable, if already assigned. 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. GMPA (Growth Management Plan Amendment Adoption) CURRENT PROJECT NAME Orange Blossom/Airport CrossRoads Commercial Subdistrict 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 rcou ntyfl.gov Packet Pg. 650 Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 00238000005 Address Site City NAPLES *Note 34109 *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 651 9.A.3.c Orange Blossom/Airport CrossRoads Commercial Subdistrict (PL20220003494) Exhibit V.G6 Preapplication Meeting Notes May 6, 2022 M 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. corn Packet Pg. 652 coffieY County 9.A.3.c COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Pre -Application Meeting Notes Petition Type: GMPA Date and Time: 6-1-2022 3:00 PM Assigned Planner: Sue Faulkner Engineering Manager (for PPL's and FP's): Project Information Project Name: Orange Blossom/Airport CrossRoads Commercial Subdistrict GMPA PL#: PL20220003494 Property ID #: _00238000005 Current Zoning: Agricultural Project Address: City: Naples State: _FL Zip: 34109 Applicant: Grady Minor Agent Name: Wayne Arnold Phone: 239-947-1144 Agent/Firm Address: _3800 Via Del Rev City: Bonita Springs State: _FL Zip: 34134 Property Owner: _Lutgert Med Center Suite 200 4850 Tamiami Trail Please provide the following, if applicable: i. Total Acreage: 5 acres ii. Proposed # of Residential Units: 0 iii. Proposed Commercial Square Footage: 40,000 — 74,000 s.f. 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. 653 9.A.3.c Got ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliercountyfl.gov/Home/ShowDocument?id=75093 This project is a GMPA to amend a previously approved FLUE Subdistrict called the Orange Blossom / Airport CrossRoads Commercial Subdistrict. The FLUE designates the project site as Urban, Commercial District, Orange Blossom / Airport CrossRoads Commercial Subdistrict. The Subdistrict contains two parcels (002538000005 and 00237960007) and is located in the southwestern quadrant of the intersection of Airport Road N. and Orange Blossom Dr. Each parcel is approximately 5 acres. The applicant only wishes to amend the southern (undeveloped) parcel, leaving the northern parcel which contains the Italian American Club as is. The GMPA has a companion zoning amendment to create a new PUD (PUDZ) PL20220000533 by rezoning from Agricultural to a PUD zoning district. The zoning petition is to rezone to Lutgert Medical CPUD on just one of the two parcels in the Orange Blossom / Airport CrossRoads Commercial Subdistrict. The zoning petition (PL20220000533) held its PUDZ pre-app on 2-9-2022 at 313M. The text for the Orange Blossom / Airport CrossRoads Commercial Subdistrict already discusses Parcel 1 and Parcel 2. There is mention of coordinating the two parcels together with similar signing and pedestrian and vehicular interconnections. There is currently a limit for both parcels to be no more than 74,000 s.f. Please include a justification to exceed the original s.f. limit. Please submit a data analysis with your submittal. At the pre-app, I heard you mention that you will be doing this. Please address all Transportation Elements of the GMP — Mike Sawyer. (see email attached to these notes) Craig Brown, Senior Environmental Specialist notes: address CCME Policy 6.1.1 and Objective 7.1. Please confirm any changes that will be in compliance with Wellfield Protection Overlay LDC Section 3.06.00. Updated 1/12/2021 Page 1 2 of 5 Packet Pg. 654 9.A.3.c CUffIeY 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# Collier County Contact Information: 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.org ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard @colliercountyfLgov ❑ Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov ❑ 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 gabriela.castro@colliercountyfl.gov ❑ Maggie DeMeo North Collier Fire 252-2308 pdemeo@northcollierfire.com ❑ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.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 Gewirtz, P.E. Engineering Stormwater 252-2434 storm.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.gundlach@colliercountyfl.gov ❑ Rachel Hansen GMP —Comprehensive Planning 252-1142 Rachel. hansen@col IiercountyfLgov ❑ Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 aIicia.humph ries@colliercountyfLgov ❑ Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Parker Klopf GMP—Comprehensive Planning 252-2471 Parker.klopf@colliercountyfl.gov ❑ 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 Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 655 9.A.3.c CUffIBY 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@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Eric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfl.gov ❑ Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov ✓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@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Dan iel.Zunzunegui@colliercountyfLgov Additional Attendee Contact Information: Name Representing Phone Email Wayne Arnold Grady Minor 239-947- 1144 Sharon Umpenhour Grady Minor Howard Gutman Mike Hoyt Updated 1/12/2021 Page 1 5 of 5 Packet Pg. 656 9.A.3.c ThomasClarkeVEN From: 5awyerMichael Sent: Wednesday, June 01, 2022108 PM To: ThomasClarkeVEN; Faulkner5ue Subject: Orange Blossom/Airport Thomas, Please check the TIS required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: Methodology meeting by email required and provide note on TIS cover sheet that fee will be collected at time of GMPA submittal. Address all transportation elements of the GMP. Provide both ITE and SIC use codes in the TIS. Provide trip limit based on TIS using standard language. Also provide interconnection commitment using standard language. Respectfully, Michael Savvyer Project Manager Transportation Management Services Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawver( colliercountvfl.Lrov 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 electranic mail to this entity. Instead, contact this office by telephone or in writing, v v rn M O O O N N O N J a r c m E U r Q Packet Pg. 657 9.A.3.c AFFIDAVIT OF COMPLIANCE Petitions: Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA) (PL20220003494); and Lutgert Airport Road CPUD (PL20220000533) I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a growth management plan amendment, rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this February 2023 by Sharon Umpenhour as Senior Planning Technician, who is personally known to me. (Signature of Notary Public) Printed Name of Notary `•+? !"!! CARIN J. DWYER MY COWSSION # GG 582367 EXPIRES: May 14, 2024 Bonded ihru Notary Public UnderrrtRers Packet Pg. 658 GradyMinor 9.A.3.c Civil Engineers • Land Surveyors • Planners • Landscape Architects NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor) and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing Lutgert Medical Center, LLC (Applicant) will be held March 1, 2023, 5:30 pm at the Collier County Headquarters Library, Sugden Theater (2385 Orange Blossom Dr., Naples, FL 34109). Lutgert Medical Center, LLC submitted formal applications to Collier County, seeking approval of a Growth Management Plan Amendment (GMPA) and Commercial Planned Unit Development (CPUD) rezone to allow an increase in the permitted square footage and allowable uses on the site to include up to 75,000 square feet of commercial uses and up to an additional 104,000 square feet for indoor self -storage, and/or indoor automobile storage, and incidental retail uses. The subject property is comprised of 5+/- acres and is located on the west side of Airport Road North approximately 320+/- feet south of Orange Blossom Drive in Section 2, Township 49 South, Range 25 East in Collier County, Florida. 10 1.= u Project Location Map If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. The Collier County Public Library does not sponsor or endorse this program. Q a R O N N 0 L U O a L_ Q E O y _O m c L O I* Cn M O O O N N O N J a co M O N_ Q 3 Y V m c.i a U U v w M O O O N N O N J a d E s V M Q Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 • Fax. 239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 • Bonita Springs, FL 34134 www.g Packet Pg. 659 9.A.3.c Lutgert Airport Road CPUD (PL20220000533) Adjacent HOAs NIM Notices sent to the following HOAs: EMERALD LAKES RES ASSOC INC %AMERICAN PROPERTY MNGT 10621 AIRPORT PULLING RD N # 8 NAPLES, FL 34109 AIRPORT PULLING WINDWARD ISLE HOA % PRECEDENT HOSPITALITY & PROPERTY MGMT 300A EXECUTIVE # 260 CLEARWATER, FL 33762 IL REGALO HOMEOWNERS MOORE PROPERTY MANAGEMENT LLC 5603 NAPLES BLVD NAPLES, FL 34109 COMMUNITY ASSOCIATION FOR MILL RUN m N_ 1906 FAIRFAX CIRCLE CL NAPLES, FL 34109 m U d VILLAGES OF MONTEREY - MASTER OWNERS ASSN U U 7560 SAN MIGUEL WAY NAPLES, FL 34109 M c 0 N N 0 N CALUSA BAY MASTER ASSOCIATION d 6955 SATINLEAF ROAD N. m NAPLES, FL 34109 E t w r Q January 18, 2023 m GradyMinor Adj HOAs. docx Page 1 of 1 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. 660 y s is o g hod iV-wos ee OBUL O 'P60 OZ 0 ]d:9 £ Z dnjoeq odoo 'P6 'PC 00 Z OZ d:IU emL13B n¥ Ci � _ ( � ® \\\\/ �kkkjj\kk2k2/\/22 2\§§§ ) !!!22 \ \\\\\\\\\\\\\\\\ }§}}j}j{j}j{v�{({ { ()/)§§§§§§§§§j§(§ o \ \\\ \ \ §§§ e !§! \ EEE - / §!!! 2 { =£2£ ! §§ is \ \\\�\\ )\ \ (\k\! - j§6§§( § §)([2!© 2`» { la,aMm \\ \}» z \5k | �> �!_G> �Er■#;» ` !» \- }\\§(}()\)\/) - !§3;2!§m:�le2 ;§_�:«§0\§ {/§«««/§!;@@!§!7E`: (\l:2:&r2!!&2e2alk@ {k -§ |2|=<<ID ID ID ()\\ ) ) --»§ ) :`sue« EE\l 2!®°`ES�; - uu-=�,«/ra§/& eee�22;&§§®;:«z� t)k§(§§a!l;e0<-D ! )l=aaase!«.:«_:§»## to a \ a 16A I FRIDAY, FEBRUARY 10, 2023 1 NAPLES DAILY NEWS Sn�OO7 ing carpet and ceiling Wednesday morning. 1. 1 tiles, it looked like any "We're just so glad to other middle school be back," she said. "This Continued from Page 13A classroom in the district. is a special place. This is "I think in time we'll where the teachers have apocalyptic," she said. all adjust to being back the energy. They love be - "So now, it's just, it's here and we'll get our ing here and it's just a home. I'm just so happy. carpet back and we'll get great experience to go It's a gift to be able to be our ceiling tiles back," back. This is our home:' here. We needed to be Stokes said. "But it's real- Harrison McNeilus, back." ly about the kids and it's another thud -grade stu- In an effort to make about the people. I keep dent, shared that feeling. her students feel at saying school is not the "It just feels refresh - home, she decorated her building. It's the people" ing," he said. "Instead of classroom as much as Third -grade teacher having to go to a different she could. Patricia Haly said she school we get to just stay Aside from the miss- had tears in her eyes here instead." citrus Continued from Page 1A proposal for the 2023- 2024 fiscal year that in- cluded $29 million for citrus protection and re- search. Lawmakers will consider the proposal as they negotiate a spend- ing planduring the legis- lative session that will start March 7. The current year's budget, which went into effect Julyl, included $37 million for the industry, with the biggest chunks of money being $17 mil- lion for Department of Citrus marketing pro- grams, $8 million for re- search programs, and $6.2 million for what is known as the Citrus Health Response Pro- gram, which includes cultivating new trees re- sistant to greening. Meanwhile, federal legislation filed last week by U.S. Sen. Rick Scott, R-Fla., U.S. Sen. Marco Rubio, R-Fla., U.S. Rep. Scott Franklin, R-Fla., and U.S. Rep. Debbie Wasserman Schultz, D- Fla., would establish a block -grant program in the Department of Agri- culture to speed hurri- cane assistance to Flori- da growers. Congress passed a $1.7 trillion omnibus spend- ing bill in December that included $3.742 billion for crop and livestock losses across the nation in 2022. Florida Citrus Mutual expressed concern that some Florida growers could be bypassed be- cause the omnibus pack- age didn't include a block -grant program similarto one set up after Hurricane Irma damaged groves in 2017. "The (newly pro- posed) Block Grant As- sistance Act will enable Florida's citrus growers to rebuild and replant so we can continue to har- vest and produce Amer- ica s favorite breakfast juice," Joyner said in a news release Monday. In 2017, the Florida Di- vision of Emergency Management received a $343 million federal block grant to distribute to growers. The University of Flor- ida -Institute of Food and Agricultural Sciences es- timated that Ian caused $L07 billion in agricul- tural damages, including $247 million experi- enced by citrus growers. The Florida Depart- ment of Citrus, pointing to larger losses because of the impact of Ian on trees, anticipates that $387 million to $635 mil- lion in federal relief is needed. Compare Our CD Rates Bank —issued, ` FDIC 3Month Term -insured APY* Steve Stolz Financial Advisor 12980 Tamiami Trail N 43 Naples, FL 34110-1625 6 Month Term 239-597-7402 edwardjones.com APV* Member SIPC EdwardJones 1 Year Term 4.750,16 APY* Call or visit your local financial advisor today. \ Minimum deposit $1000. s Yeld (APY) eifMive 1Ja/9tt3. CDs oXeretl by Edwak Jones ere bank-isued entl FDIGnsured up to $Y5g,g00 (p —mll entl interest accmed but not yet paiM per dep b., per insured de b., Instilulion. for each account oa. S�gent abniry cD�aazesAere.,,bleeuo mtare.��em -ik seen m.�wnaI6��eresi re�a>n.a. tnmu oeaw co. anrr, nclpal val Eery wiNtl ewetmeytrortbepermined. Yleldsth—s are net otall commossb byI,re A,t thrift utionoY AllOe Id bytEdwardnJonest tare registered w'Mst Dxposiory crust Corp. IDTq, a issued by banks and iM1nhs nationwitle. All CDs sold SWING BY FOR NEW GOLF SHOES yti Fresh Foam - Available in Widths - Men and Women New Balance® Naples 8799 N. Tamiami Trail • Naples, FL 34108 SW Corner Vanderbilt Beach Rd. & 41, Near Publix M-F 10.5 1 Sat 10-4 1 Sun 12-3 1 239.596-8788 SHOP LOCAL NOTICE OF NEIGHBORHOC INFORMATION MEETING PETITIONS: PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000633 - Lutgert Airport Road CPUD In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor) and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing Lutgert Medical Center, LLC (Applicant) will be held March 1, 2023, 5:30 pm at the Collier County Headquarters Library, Sugden Theater (2385 Orange Blossom Dr., Naples, FL 34109). Lutgert Medical Center, LLC submitted formal applications to Collier County, seeking approval of a Growth Management Plan Amendment (GMPA) and Commercial Planned Unit Development (CPUD) rezone to allow an increase in the permitted square footage and allowable uses on the site to include up to 75,000 square feet of commercial uses and up to an additional 104,000 square feet for indoor self -storage, and/or indoor automobile storage, and incidental retail uses. The subject property is comprised of 5+/- acres and is located on the west side of Airport Road North approximately 320+/- feet south of Orange Blossom Drive in Section 2, Township 49 South, Range 25 East in Collier County, Florida. If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor. com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. The Collier County Public Library does not sponsor or endorse this -woss018 OBUBJO 464£OOOZZOZId : 99E5Z) dn4oe8 OdOO b6VE000ZZ1 1 h M M a L, Oo �o �o Op C. 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ON >N C� p q -i- Q Q U U- C_ O � _ O O O O O U 00 U Q C>1 U m m c m I O m O O p) 0 O I p_ Ln U� i N O W 2 Q 2 2 z W u O 0 -LuOsso18 96ueaO V6V£000ZZOZId : 98£SZ) dn),pe8 OdOO V6V£000ZZOZId :;u9Lug3e44V N C C C 0 CD u c 0 a c (n CD Q h t O u O E L. .0 Z u 'o L lil u ■� D LU c � � U L / a, (0� W V J LL ai ~ Z N C J !� J t 0 O J tL^ Q V ~ } 0 CL U U U r�■ a 0 V ON mot' N X N U_ U U O I— ON � M � N O � CL Ou O i O a� Q� E O o Q � h h .0 0 H a a c� U Q CL � - N N N LO Lo N_N O�1 O1 N N 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Wayne Arnold: We're going to go ahead and get started in just one minute. Computer Voice: Recording in progress. Wayne Arnold: Good evening everybody. My name is Wayne Arnold and I'm here representing the Lutgert Companies. We are proposing — Sharon Umpenhour: Wait, can you start over again, please? I was muted, sorry. Wayne Arnold: Sorry, I have to say that again. We have some participants on Zoom who were apparently muted on Zoom. Good evening, I'm Wayne Arnold with Grady Minor and Associates here representing the Lutgert Companies. They are proposing a land use change and a zoning amendment in Collier County. So, this is our required neighborhood information meeting to tell the community what our initial plans are. I'm going to go ahead and make some introductions. Sharon Umpenhour is up front. She's going to be running the technology for us. We have to record the meeting for the county and create a transcript. So, when we get to the Q&A, we ask that only one person speak at a time. The library unfortunately has one working microphone tonight and I have it. [00:04 :00] So, what we're going to do is have Mike Herrera from our team go around the audience and pass the microphone to whoever we call on to speak. So we can make sure whoever's on Zoom can hear it and then we get a clear record for the county to have of your comments. So, let me make some introductions. We have Howard Gutman and Mike Hoyt from the Lutgert Companies here. We have Jim Banks, who's our traffic engineer here. Michael Herrera is the design engineer for the site. And Rich Yovanovich, who many of you know, is our land use counsel on the case. So, we're going to go through a brief 10-minute presentation and then take some questions and answers to talk about any questions you may have about the project that we're proposing. I also want to introduce a couple of county staff members that are in the audience. We have Nancy Gundlach who is one of the zoning folks. And then we have Sue Faulkner who is with our comprehensive planning staff with the county. So, they're here to just monitor. They're not here to be put on the spot. [00:02:00] They're reviewing the application. We've had an initial review of our applications. There's yet to become more reviews with the Page 1 of 28 Packet Pg. 675 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript county staff before we get to any public hearing. With that, let me go ahead and get started. Sharon, I'm going to give you the clicker. I'm going to need you to advance the slides for me, if you don't mind. Thank you. So, the subject property is located just south of the Italian American Club on the west side of Airport Road. It is surrounded by the Carlisle to the south. The property is about five acres. It's highlighted in the hatch pattern here on the screen. It was all originally part of a comp plan amendment for the Airport - Orange Blossom comprehensive plan amendments. So, it has commercial entitlements on it today. It just wasn't zoned from ag. But Italian American Club was in charge of the zoning application. And they zoned their own piece here for commercial development. [00:03:00] But they did not zone this parcel. So, we're amending the comprehensive plan for the subdistrict that was created to increase the commercial square footage allowed on that parcel. And we're asking for an increase from 40,000 square feet that's allowed today to 75,000 square feet of office and medical office with some incidental retail. And then also the opportunity to put some storage up to 104,000 square feet. So, it would be auto storage or indoor self -storage. This is just a larger scale of the area location map. We'll probably refer back to this as you all may have questions. So, again, the property's zoned agricultural today. We're rezoning it to a planning and development. We're also changing the Orange Blossom Airport Crossroads commercial subdistrict. And as I stated, we're asking for up to 75,000 square feet of office and medical. The Lutgert family thinks this really makes sense for a medical campus. [00:04:00] So, we've asked for a lot of the medical related uses, other general offices uses, some incidental retail thrown in there like a pharmacy that may support the medical facilities that would go in here. And then eating places to make sure we would have opportunities for a cafe, or some other eating place associated with the office complex. And then the facility gets also the storage component up to 104,000 square feet, which is about average for what we're seeing in our community in southwest Florida for folks that are building indoor self -storage facilities. They range anywhere from 100,000 square feet to 120,000 square feet that we end up working on. Page 2 of 28 Packet Pg. 676 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript So, again, this is the mechanics of the comp plan. We have to create an exhibit that goes with the comprehensive plan amendment. So, we've modified the subdistrict, which is how it's designed on the future land use map. But again, it's already entirely a commercial subdistrict. So, the commercial is an entitlement under our growth management plan today. [00:05:01] This is a conceptual master plan that we do for the county's PUD submittal. This is an example of what more likely will be developed. This, again, is schematic and is subject to change. But you can see store orientation. We have Airport Road to the right of the screen. The Italian American Club is to the north. And then Carlisle wraps around the properties. So, what they're looking at is most likely four-story medical and office buildings located up closer to Airport Road. And then at the back of the site, gets the self -storage facility. Keeping in mind that we've got the Carlisle back here and then Carlisle here. And then the Italian American Club, whatever it becomes, to the north. So, our primary access point is on Airport Road. We have a circulation all the way through. The existing comprehensive plan requires us to have two connection points into the Italian American Club property. So, we propose those in locations that are generally consistent with where they had previously shown on their site, as well. [00:06:00] Audience Member 1: So, entries — Wayne Arnold: Conceptual renderings — Sir, we're going to take questions in just a minute. Audience Member 1: I'm just saying, you just made the statement entrance will be on Orange Blossom? Wayne Arnold: I said the entrance will be on Airport Road. We're providing to interconnections to the Italian American Club. Audience Member 1: And the secondary entrance? Wayne Arnold: The secondary entrance goes onto Orange Blossom Drive, which is through the Italian American Club. Male Speaker: That's what we're worried — Page 3 of 28 Packet Pg. 677 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Wayne Arnold: Sir, I'm going to have to get you on microphone. So, if you can please hold your comments, and we will make sure you have your comments heard. Okay? Thank you. So, we have a conceptual rendering. We're working with an architect to try to figure out what the massing is and looking at, as you notice on the site plan, most likely, all the buildings there will be four stories in height. Through the community process, we're required to establish building setbacks and development standards. Most people are concerned, principally, about how many square feet. That's where we reflect the 75,000 square feet of office retail, up to 104,000 square feet of indoor and mini auto storage. [00:07:03 ] And then, the heights we're proposing, 50-foot zoned height, 60 foot actual height, which allows us to do the four-story buildings. So, as I mentioned in the process, we've submitted an application. The county's given us initial review comments back. We're required to hold this meeting after we get our first set of comments back. We'll continue to work through staff reviews, probably for another two or three months, likely. And then our hope would be that we're ready for a planning commission hearing sometime in the early fall, late summer, if we're lucky. And then county commission most likely would follow sometime in the fall. But no hearing dates have been established yet. So, if you received a notice for this meeting, you'll be receiving notice from the county when we do get the county commission and the planning commission public hearing scheduled. And then also, the signs that you've seen around town, the 4x8 signs will be posted on this property, as well. [00:08:001 So, there will be those types of public notice requirements. And then the information we also have is to contact information. So, this presentation will be made available on our website. If you go to the planning link on our website. You can also contact county staff. We have Nancy and Sue's contact information if you'd like to email them and ask for copies of the submittal. We're going to update our website with all the latest public information that we've submitted to the county up until we get to a public hearing. So, we try to make sure the community can just link our website because it's certainly a lot easier to just look at a website for most of us than it is to go down to the county offices and ask to see hard copies of files. Pagc 4 of 28 Packet Pg. 678 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript But if anyone wants to see hard copies, we would certainly make those available to you, as well. That, in a nutshell, is what we're proposing. I'd like to go ahead and ask if anybody has questions. But I also want to make sure we're on microphone so everyone can hear as well as the people on the Zoom. [00:09:00] Yeah, the one thing I would caveat, if you don't feel comfortable giving your name, at least indicate that you're a resident or something. When the transcripts made, they can't distinguish whether it's somebody from the applicant team speaking or whether it's a person from the public. So, if you're comfortable giving your name, feel free to. If not, just indicate I'm a neighbor or a resident nearby and that's good enough, too. Andrew DiGiorgio: My name is Andrew DiGiorgio. I'm a resident of Emerald Lakes. My initial concern with the entire project is our precious little Orange Blossom Drive. Right now, we have everybody for the Motor Vehicle Department coming down Orange Blossom. [00:10:00] We have everybody for the library coming down Orange Blossom. We have everybody from up west heading towards Publix Shopping Center. We have trucks coming down Orange Blossom to go to the nursery across the street on Airport. You're proposing to have a doctor's office which is four story high, is also going to have other offices, which is going to require a lot of parking spaces. So, what do the people that park behind the Italian American Club that work at the DMV and that work at the library that are presently parked in the back there, now they're going to have to move. [00:11:00] And they'll be in the parking lot of their respective buildings. You can't handle this traffic like that. The last thing we want is a four - lane highway through Orange Blossom. Wayne Arnold: Anybody else, raise your hand, and we'll get the microphone to you. Ellen Nowacki: Hi, my name is Ellen Nowacki, I'm a resident on Il Regalo Circle. This afternoon at 3:30, I was on Orange Blossom heading west and it took me five traffic lights to cross Airport -Pulling. This evening, trying to come to this meeting, I was on Yarberry trying to turn right or heading east to come to the library, and I was there 10 minutes and had to make an illegal go around another car, poor soul was trying to turn left, and go around them near the ditch to Page 5 of 28 Packet Pg. 679 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript try to come here. [00:4 2:04] It was so backed up. Now we're having an apartment complex coming in, we're having a medical center, we're having office space, we're having storage units. The streets can't handle that. How can you possible continue to put in more buildings and more people coming here when we can't handle what we have? Wayne Arnold: The simple answer to that is we're required to prepare a traffic analysis as part. Please, can we please civil. We're trying to record this meeting. Audience Member 1: [Inaudible — crosstalk] [00:12:521. Wayne Arnold: Sir. Sir. Can you please hold your comments. Please. So the answer is Jim Banks has prepared a traffic analysis to meet the county's standards. [00:13:01] Their professional engineers review that information. They look at the standards that we're required to do. Per the traffic analysis, there's capacity on the roadways. I know that you all don't see it that way in your neighborhood. But there is a comprehensive traffic analysis that's completed with each project and the county does weigh in that. They may have comments, or they may challenge it. But so far, they have not. So, thank you, though, appreciate that. Karen Fitzgerald: My name is Karen Fitzgerald and I'm at Bridge Water Bay. The traffic between coming out of the Baptist church and trying to go in and out of Bridge Water Bay at certain times of the day is next to impossible. This is supposed to be a small little two lane, three lane street. I don't know how we can do this. [00:14:00] I don't know if they're going to think about putting a traffic light there. It's so dangerous for people trying — because then people get so frustrated, they take chances. And there's already been a couple of accidents there. The thing that always gets me about analysis and theory, no one sits there and does it at 3:00, at 4:00, at 5:00 and actually understands the problems we're facing in every direction. I went this morning, I left my house at 10 of 7 to go over to Lorenzo Walker Technical for a rotary meeting. It took me close to six minutes just to cross to get into the right lane to get onto Livingston. And then, of course, you had to avoid traffic, everyone Page 6 of 28 Packet Pg. 680 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript going in that direction. It took me an extra 20 minutes to get to my destination. It's not possible to continue with the building that you are requesting. [00:4 5:01 ] Coco Heinrich: Hi, Coco Heinrich, Emerald Lake. That's a beautiful picture of the medical center. Could we also see what you have prepared for the self -storage unit and how many self -storage units are they going to be and how many stories is it going to be? Wayne Arnold: I, unfortunately, don't have a rendering of the proposed self - storage building. It also could be some car storage associated with it. But the maximum height was proposed at four stories on our site plan. Coco Heinrich: I'm talking about the storage unit. Also, the — Wayne Arnold: The storage is proposing four stories, 104,000 square feet. What the mix of numbers of units depends on the end user, how many small they want, larger units, locker sized units. That's not how the county looks at the intensity of the storage facility. [00:16:03] They look at the square footage. Coco Heinrich: So, in the rendering we saw of the medical center, is it going to take up the same length and depth, per say? Wayne Arnold: Hard to say. The plans we're working with are schematic plans. So, you can see the medical building or the office building that is depicted, the building that the rendering was, this building closer to Airport Road. The storage building and additional parking to the rear. And you can see self -storage is four stories. Coco Heinrich: And as a follow-up to that, you can tell I was a teacher, right. I don't need a microphone. As a follow-up to that, if all of these people, I'll call it, are going to be exiting back out to Airport - Pulling, and we know that there's no traffic light there, obviously that's not possible. [00:4 7:00] So, there has to then be some egress using the Italian American Club. Could you show us the information on how you're going to get all of these cars to be able to exit? Because they're not going to be able to do it onto Airport -Pulling without a traffic light at intersection. Page 7 of 28 Packet Pg. 681 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Wayne Arnold: The proposed access point on Airport Road is going to be a right in, right out only. It's not going to be a full intersection. The access out of Airport Road will be southbound. So, we are required under the comprehensive plan to provide interconnection with the Italian American Club, with ultimate access out onto Orange Blossom. That's the way the county has previously approved us. Audience Member 2: I don't need the microphone. Wayne Arnold: Sir, no, you don't. When I call on you — Audience Member 2: [Inaudible — crosstalk] [00:17:52] Wayne Arnold: Sir. Sir. I'm not going to take your comments. Audience Member 2: [Inaudible — crosstalk] [00:48:001 Wayne Arnold: Sir. No, sir. You're not called on. We're taking other people who have not had an opportunity. Audience Member 2: You haven't told them the whole story. You say storage, four story high. And some of the stories are 10,000 square feet. How big a truck will they need to bring storage in that will store 10,000 square feet? Big trucks, not small trucks. And they're going to be coming down Orange Blossom. Wayne Arnold: Sir, I'm going to ask you one more time, otherwise I'm going to ask you to leave the room. Ellen Milotte: My name is Ellen Milotte. I'm in Bridge Water Bay. I have been there since 2002. I have seen a lot of expansion around here. In one hearing I sat through for a long time was over Sienna Lakes. There were so many changes. [00:19:03] It started out as three stories. It went to four. The road was never corrected. The road was a mess. I don't care what your schematics say about the road development. It's still not right. The traffic is backed up, as this other lady has stated. You cannot add any more to this area and intersection because what we are dealing with. Now, I do know Orange Blossom is going to be widened at some point in time. But if I am correct, it doesn't happen for at least four years down the road. Correct me if somebody has that information. Page 8 of 28 Packet Pg. 682 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript But right now, between the school and Sienna Lakes with a road that is totally improper, never corrected with bumps, I have serious issues about what you want to do. [00:20:03] Because you're putting the cart before the horse and I don't think any more development should take place, as other people have stated. These hearings go on for a long time, folks. And most of them take place in the summertime when you are not here. So, I suggest you be very aware of what they try to change as time goes on. Mark Steinman: Hi, my name is Mark Steinman, I live in Mill Run. I see that one entrance to this point to this proposed complex is going to be south on Airport, right entrance only. But you have mentioned that there are going to be two exit points, they're going to go through where the Italian America Club is. And those exit points will be on to Orange Blossom. [00:21:01] Correct? Wayne Arnold: Ultimately. Mark Steinman: Ultimately. You're having two exits on a two-lane road and one entrance on a four -lane road. I know you're going to do a traffic study and I know the engineers are going to do whatever they do. But in my opinion, the only study you need to do is stick your head out the window and look at the traffic on that road every day from 3 p.m. to 6. Whether the county says that it can hold that traffic or not is kind of immaterial. Because what's happening is it's already clogged. But my question is would you explain more about how this exit and entrance off of Orange Blossom Road through the Italian American Club is going to work? Because that was confusing. [00:22:00] Wayne Arnold: The ultimate access through the Italian American Club is required today for whatever happens on this property. So, I don't know that it's going to be two access points on Orange Blossom. We have to provide two connection points into their property. So, whenever they ultimately decide what they're building, they may build one access point on Orange Blossom, they may build one on Airport Road. The comprehensive plan requires that interconnection be made for us. Page 9 of 28 Packet Pg. 683 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Audience Member 6: Why is it required? Rich Yovanovich: For the record, Rich Yovanovich. When the growth management plan was being adopted, I forget how many years ago, but it was many years ago, the county did not want the Italian American Club property to connect to Airport Road. They also wanted to make sure that the two properties worked together and had cross access. So, the county, when the growth management plan was adopted for this subject street, required shared access on Orange Blossom and shared access on Airport Road. [00:23:02] It was a county mandated requirement that they be interconnected. So, that's where the requirement came from. It came from the county while we were going through the process to adopt the subdistrict. Ira Flynn: My name's Ira Flynn and I live in Waldon Oaks on the other side of Airport. I guess my question would be since this is probably going to go through, we have a fairly good sized development going in just south of you that will be built probably at the same time. What consideration is done with the construction personnel, equipment, trucks, etc. with two major construction projects going on at the same time? [00:24:00] Wayne Arnold: I'm not sure we're on the same track as the other project you're referencing. They're both going through the process, but it doesn't mean they're both going to come out of the ground at the same time. Even if they are, we have to create construction access points. We have to do traffic MOTs is what it's called. It's maintenance of traffic. So, the county monitors that to make sure that we don't have extra impacts to the community or that it's conducted safely during construction. So, again, don't know that we're coming out of the ground the same time they are. Robert Young: I had a question on Zoom. Sharon Umpenhour: Can you we take a question on Zoom? Wayne Arnold: Sure. Robert Young: Dr. Robert Young, I live in Emarald Lakes. I had a question in reference to the company says it's medical. As a doe, I appreciate that. Page 10 of 28 Packet Pg. 684 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript [00:25:02] But you're doing twice as much room in self -storage than you are for medical. So, my question is, as we went from 75 to 179, that seems like a lot to be doing self -storage as a medical company. The other question I had, if you're going to have food and beverage in the building area, you're going to have extra parking for that. And I don't see anything on there. Last question, you have one egress onto Airport -Pulling. This plan isn't set in stone yet. Why can't you build a second exit onto Airport -Pulling, also? Like you're building the two into the back of the Italian Club. Over. Wayne Arnold: Okay. So, question for you regarding the uses, we've made provision for there to be general office and medical office. We have to provide parking for all those uses, ultimately whatever the Lutgert family comes forward with on a site plan. [00:26:00] So, once we know exactly the mix of uses and how many exact square feet we have, these are our maximums, then we will provide parking for that. So, every use will be accounted for for parking. With regard to access on Airport, Jim Banks, you can tell me, I don't know if we would qualify to get a second access point on Airport Road or not given the spacing, if that's going to be up to Collier County. Jim Banks: Wouldn't qualify. Jim Banks, for the record. To answer the question regarding the two access points on Airport -Pulling Road, we would not meet intersection separation standards, nor would it make any difference in the traffic patterns. Both access points will be right in, right out access onto Airport —Pulling Road. Therefore, the customers come in and out of the development would not see any convenience benefit to use a secondary access point. It would not achieve what you're asking, what you think it would achieve. [00:27:01] Audience Member 2: Please, I want to talk. Wayne Arnold: So, the other comment that was made regarding this was the self - storage question, the square footage. So, for self -storage, in the industry, they require very little support. I don't know if any of you all use self -storage facilities. But the usage for self -storage is very low on a daily basis for us who might rent space from them. So, the parking requirements are extremely low. It's like one parking space for 20,000 square feet for a storage facility compared to one per 300 square feet for an office. So, it's an exponential increase in Page 11 of 28 Packet Pg. 685 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript parking required because of the traffic impacts associated with office versus storage. So, the storage has very little impact on the traffic overall for the project. Robert Young: Thank you. That was the question I had. This is Robert Young following up to your response. I was just worried that like vehicles that would have to bring in the self -storage units, we all know those vehicles. [00:28:01] So, that's why I'm wondering if they couldn't request another access on Airport. Because there's no way that we can have five or six trucks in a day trying to go down Orange Blossom with the congestion already. Additionally, that same area that you guys are egressing out of the Italian Club is the same as the previous proposal. They're saying they're gong to do the same thing. It's only going to be emergency they have to exit that side. But I would say that the planning people there from Collier County should take note of the other property, which is a bit more south, they're also planning on going through egress of Carlisle. Rich Yovanovich: Can I correct that, please? Rich. For the record, Rich Yovanovich. We're supposed to make sure they know who's talking. That is not a correct statement with regard to the apartment project going through to Orange Blossom. There's no interconnection. If you were at the last — [00:29:00] We had a follow-up neighborhood information meeting. There is no interconnection for the apartment complex to Orange Blossom. The connection that currently exists for the Carlisle will remain. But the apartments will not be accessing through Orange Blossom. Wayne Arnold: Thank you for clarifying that, Rich. Robert Young: Right. There's no plan for that yet. Wayne Arnold: Thank you. Ted Scures: My name is Ted Scures (sp). I live Bridge Water Bay. Everyone spoke about Orange Blossom. And that is terrible. The turn, people coming, going west from Livingston and the Airport, all backed up. The morning — people talking about the afternoon. In the morning, it's unbelievable how many cars are backed up there because the school's in play and everything else going on. The other bigger problem is you guys are all coming out onto Airport. When they come out of Airport, they have to make a right. The Page 12 of 28 Packet Pg. 686 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript people that want to go the other direction, how are they turning around? Airport is a disaster. [00:30:00] As you go down south from here and you go towards the gas station, where do you turn? The whole area is a disaster. The traffic flow in the morning is unbelievable. Audience Member 2: Please, I want to talk just once. Wayne Arnold: Sir, wait your turn. Audience Member 2: [Inaudible — crosstalk] [00:30:23] Wayne Arnold: Sir, sit down. Sit down. Sit down. Sit down. Audience Member 2: [Inaudible — crosstalk]. Wayne Arnold: Sit down. Audience Member 2: You have to make a U-turn going to this project. Wayne Arnold: Sir. Please sit down. Sir. Please sit down and let somebody else speak. You're not helping the cause. Please sit. Audience Members: Sit down. Audience Member 2: Thank you all. [00:34 :001 Michael Herrera: Everyone in here is equal. You're not the most important person in this room. Audience Member 2: Nobody said that. Michael Herrera: Everyone in here is important. You're not the most important person in this room. [Inaudible — crosstalk]. Let them all speak and then we will come back to you. Everyone here is equal. Wayne Arnold: Who has the microphone? You're up. Roger Graham: I'm Roger Graham of Heron Point. What I think is obvious here is that, of course, overdevelopment of this area. The traffic planning has already proven to be very poor. The exits onto Orange Blossom that you suggest are right opposite the current offices and Page 13 of 28 Packet Pg. 687 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript library building that we're in. It's very poor, very poor traffic planning as everyone here seems to have accepted. I wonder about the height restrictions. I guess you're allowed to go up to four stories. [00:32:02] But it seems to me as though that is going to be the highest building around. And the density that you're suggesting, I think is excessive. I wonder one more thought, and that is the self -storage facility. What kind of changes are you imagining for that property in the maybe not too distant future? Audience Member 3: Did you want to respond, sir? Wayne Arnold: I'll come back to it. So, I think I got a question that was related to the self -storage and the other planning we're doing. [00:33:02] Yes, the last point on the self -storage, it's pretty common for these buildings, we've worked on numerous ones. Very in demand. Very low traffic volume associated with it. So, if you have been a user, like I have been, find myself at one of those buildings, I'd be the only person there for the 30 minutes or hour that I'm there. That's very common for almost everyone of them that you find. Michael's worked on several, as well. That is the case. The traffic, we get. You all live in it and there are traffic issues here. But part of that is going to rely on the county to be a part of the solution here.. Please, please. So, that is the answer. They're county roads. The county has standards that we have to abide by, as well. And that's exactly what we are trying to do. Understanding that you all don't like the traffic that you have today. But there is capacity, believe it or not, on these roadways, and that's what we're analyzing. [00:34:00] Peter Messing: I'm Peter Messing, I'm in Bridge Water Bay. I've been here 16 years. I'm confused about a few things. Maybe you know and I don't. Has this project been approved? Crowd: No. Peter Messing: This project hasn't been approved? And in airing our grievances to these gentleman, where does it go from there? As I understand, you folks represent the people who are building this. Page 14 of 28 Packet Pg. 688 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Wayne Arnold: Yes sire, That's why we're here. Peter Messing: That's why you're — you're here because you're required to be here. Expressing all of this to you sounds like the wrong forum. Shouldn't we be expressing this to the County [inaudible — crosstalk] [00:34:52]. Audience Member: The county will hear this. Only if you talk into the microphone, they will hear it. Peter Messing: That's what I wanted to know. So, I wanted to express one personal thing on my part. [00:35:02] I've been here 16 years. For many, many years I didn't have any trouble when I went out bicycle riding crossing Airport —Pulling Road. Now my wife and myself take our lives in our hands every single time we cross that road. I'll tell you why. People aren't paying attention. There's too much traffic. They want to get to work early in the morning. And I'm waving at them, even though I have the right of way because we had the pedestrian crossing lights going. The pedestrian crossing light, it changes from into a person to a red hand. I was yelled at by drivers telling me, "Don't you see the red hand? You're not supposed to be crossing now." I say, "No, that's telling me I've got 28 seconds left in order to cross." The drivers at this moment don't understand it. So, putting even more traffic in the way, putting us in danger. Wayne Arnold: Thank you. [00:36:02] Bill Foster: Thank you. I'm Bill Foster and I'm in Mill Run. Looking at your diagram that you have on the screen at the moment, I from here cannot count all the parking spots there. But if this is a medical building and an office building, that would suggest to me that cars would be coming and going all day long, in and out. There would be, basically a — the employees would come in and park for the day. But others would be coming in and out. Caf6 in and out all day long. Do you have a realistic estimate of how many cars, traffic, would be going in and out of that entrance so we can get some kind of an idea. Because we have next door, south of you, up to 700 cars coming in and out of that street with the next project. Yesterday, I was in a traffic jam on Orange Blossom. Page 15 of 28 Packet Pg. 689 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript [00:37:02] It was bumper to bumper from Stone Gate entrance all the way down to Airport -Pulling. That was a lot of a traffic for us. So we are not happy about more traffic. So, do you have any answers for that? Thank you. Jim Banks: For the record, Jim Banks again. The project is estimated to generate 318 two-way p.m. peak hour trips. The project is estimated to generate 318 two-way p.m. peak hour trips. [00:38:03] So, during the p.m. peak hours, between the hours of 4 and 6 p.m., this site is expected to generate 318 total entry and exiting trips. That is our project. Wayne Arnold: Just so you know — This is Wayne Arnold again. The county requires us to establish a trip cap number of the — a trip cap number as part of our PUD. So, that number that Jim cited is a number that the county would codify and they would measure our traffic against that as we complete different phases. Kendra Hearns: I'm Kendra Hearns, I live in Herron Point and have been there for 20 years. Orange Blossom is a residential road. There are school bus stops. There are young children getting on and off the school busses and crossing the street. There are parents with strollers. [00:39:01] Adults and children on bikes, skateboards, walking. I walk my dog every day along there. And again, like the other gentleman, I risk my life trying to cross the road. The county needs to first address and solve the traffic issues. There needs to be a new intersection there so that people can turn left. You can guarantee that at least half of those 300 and some cars are going to go out to Orange Blossom so that they can either go straight across Airport or make a left, instead of being forced to go right and make a U-turn. There needs to be pedestrian crossings added to Orange Blossom so that children and adults can safely cross the road. Because there are too many cars on Orange Blossom right now. And there needs to be other ways of addressing the thru-traffic that's coming through there to go to those businesses on Airport from Goodlette-Frank. [00:40:04] And it sounds like from the other end, Livingston to Airport. There has to be other ways to prevent all of that thru-traffic going through our residential neighborhoods because the noise, the risk, it's destroying these residential neighborhoods. You're turning Orange Blossom into a business throughway and it's destroying our neighborhoods. . Page 16 of 28 Packet Pg. 690 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Bruce McLaren: My name is Bruce McLaren. I live in Waldon Oaks. In Waldon Oaks, the traffic coming out of Waldon Oaks can only make a right turn and go north on Airport. For me to get into my community, if I'm coming from your community or anywhere, going south, I make a left turn. [00:41:03 ] So, that left turn lane is going to back up all the way to the traffic light. It looks like the planning for that is not going to work for me or the 365 people that live in my community. They're going to have a much more difficult time to get into their community, get out. The only exit we have is Airport Road. The only way we can go on Airport Road is turn right. We have the option of then going down, loop around and come south or go north. When you come out of your community or this development, you're going to come out — they can't go north. They got to go south. And they got to turn around and go north. All that's going to be in front of my community. I'm not going to be able to get out. [00:42:001 Robert Lechner: Robert Lechner, I'm a resident at Monterey. I think we all need to remember this is a neighborhood information meeting. This is for us to get information about this project and not to complain to them because we can complain to them, they want to do what they want to do. And us telling them we're not happy about isn't going to change what they want to do. They can hear us. And yes, talking into the microphone, the county is going to get a transcript of this. But they're only going to hear our recorded voices. If we really want to make a difference, I think our focus needs to be to be at those hearings where we can talk to the county directly and voice our concerns. If we don't understand something about this project, something doesn't make sense to us, we can ask them questions. [00:43:001 But complaining to them that we don't like it isn't going to change what they want to do. We just want to understand what is it they want to do so then we can voice our concerns to the county. Is that correct the way this process works? Wayne Arnold: Correct. Robert Lechner: So, I think we're all asking the right questions. But we don't need to focus and vent our anger at them. They are here to answer our questions and let's let them do that. Wayne Arnold: Thank you. Page 17 of 28 Packet Pg. 691 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Bob Rosenbloom: I'm Bob Rosenbloom. I lived in Stone Gate for 10 years and I'm part of the Orange Blossom Alliance trying to protect our environment and neighborhoods. Here's a little bit of what's coming at those various meetings where we're going to talk to staff from the county. We learned a lot, I think, together about this process and what goes on. [00:44:051 Looking at the recent project for the 336 apartments. If you look at the traffic studies, we have people who are honest and have good intent do these projects. But the process and the calculations have been honed over a 40 year period by folks who are oriented towards development to yield an answer in almost every case having looked at this last one, not this one yet, that's pro development. That's why we can't get around. So, we have a fundamental structural problem, which is that the commissioners, whom we need to talk to, have felt fine about traffic study process that yields an answer that populates Naples into the oblivion. [00:45:10] If you don't mind, I'm just getting started. If you look at this stretch of Airport —Pulling down to Pine Ridge, that has the third highest accident rate of any stretch of road in Collier County before these two projects that are being contemplated. If you look at this medical center, you talked about 300 and some odd cars going out in the peak. Now, that's two hours out of probably a 10- hour day for that facility. So, if you wrap that up and figure maybe half of that rate is coming in and out for the rest of the day, that's a thousand two-way trips a day. [00:46:03] That's on top of the 6 or 700 two-way trips that were calculated for the other. So, when I said three months ago that that project was a tipping point, here it is, again. And we've got two other corners that haven't even been talked about yet. This is just crazy. I'll pass it along. Wayne Arnold: Thank you. Audience Member 4: Hi and thank you for your information. I really want to endorse what the gentleman said before that this is to inform us and not to vent all of our frustrations, when it has to really be with our planning commission and our commissioners. [00:47:03] So, save your energy. But I do have a question. One is to you and that is you indicated that it is zoned or committed for 50 feet and you got permission for 60. Could you talk us through the rational Page 18 of 28 Packet Pg. 692 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript for going above what was stipulated? And then maybe we can hear from the county as to whether that traffic study is a done deal or there might be a second look. Wayne Arnold: So, with regard to the height, the county makes us establish something called a zoned height and an actual height. We've proposed a zoned height of 50 feet, which is essentially from the flood elevation requirement to a mid -point of the building. That's the zoned height. And then Mr. Yovanovich over here is going to phrase the actual height, that the county has adopted that mission that's based from the center line of the road nearest you to the very tippy top of any part of the building. [00:48:03] So, that number, 60 feet, that we proposed. It is something we're proposing that allows us to get modern four-story buildings in that area. Audience Member 4: Can you just indicate whether — I don't know how to ask this diplomatically, but from a business proposition view, is that a deal breaker? Wayne Arnold: So the question is is that a deal breaker, if anybody didn't hear that comment. The question is, it's a number that we feel very comfortable that we need to make the project work. We think it's compatible. There are other buildings around it in the three-story range, 50 feet is not an uncommon number for the urban area of Collier County, especially at an area that's already designated for commercial. Susan Bailey: Good evening, my name is Susan Bailey. I live in Mill Run. Since this is an information session, I'm really curious. [00:49:03] I am in healthcare, Certificate of [Inaudible] [00:49:071 in the state of Florida. How do you determine usage for this space? How do you determine that should be a medical office building and a storage unit? Do you have studies you can site for us? Wayne Arnold: So, part of the comprehensive plan process that we have to do is a market demand analysis for the project. The Lutgert family hired professional appraiser to go look at the market and determine whether or not there was a demand for what we're asking for. And the answer came back yes, there is. I think most of you have been around long enough to recognize the Lutgert name. They've been involved in high quality development in southwest Florida for over 50 years now, roughly, I guess. So, they know development, they Page 19 of 28 Packet Pg. 693 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript know the market. They live here, they're local. So, I think that from my perspective, having them as a client, is something I feel very good about because I know that they're doing high quality development. [00:50:03] So, we know in this market, believe it or not, medical is underserved. We're not proposing a hospital. But we are proposing medical offices as well as general offices. So you might find your insurance agent there in the future. You might find a doctor there. But those are uses that we all need and that we all use and that there's a growing demand for those as more people move to our area. Audience Member 5: Good evening. I'm from Herring Point. One of the suggestions that was made earlier, and I don't believe all of you have heard the suggestion, is that the vehicle count is standard. [00:51:00] But they're in their offices. They don't see what they see. So the suggestion is to take a picture, but not necessarily rush hour, because when you take a picture the time and place can be on there. Make sure it's not during rush hour. Let people understand that it is an issue for Orange Blossom and Airport Road. We do not want Immokalee Road near the expressway. And that's what's happening. That was, I'm sure unintentional. Everybody wants to live closer to their amenities. But we need to let our leaders know what it is in a very normal, factual manner. Thank you. [00:52:001 Vicky Caball: My name's Vicky Caball (sp). I am from [Inaudible] [00:52:121 My question is when exactly are you planning to do your traffic analysis? Which months? Jim Banks: Again, Jim Banks for the record. We've prepared a preliminary study which we submitted to Collier County for their staff to review. They have their own inhouse transportation engineers that review our report. We've got a few comments back from staff. We're in the process of updating that report based upon their comments. I do expect a final report to be on file with Collier County within the next 30 to 60 days. [00:53:00] Vicky Caball: Which months? Page 20 of 28 Packet Pg. 694 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Jim Banks: So, the traffic study, Mr. Yovanovich asked me to explain a little bit about the traffic report. Collier County government collects traffic counts on our roads throughout the year. They use that data to come up with what they call seasonal conditions. It's not the highest day of the year, but it's an average seasonal peak demand scenario that they determine how much traffic is on our roads. So, the applicant, the Lutgerts, hired me. I represent myself as part of the applicant. We don't compile this data. Collier County government compiles this data. It's published by them. And then we take that information, and then we use their information to — because they count all the roads in Collier County. [00:54:00] We need to consolidate it to the roads that our project is going to impact. And in this case, we looked at Orange Blossom Road as well as Airport Road and a few others in the surrounding area that our project will use for to support the traffic coming in and out of the project. So, that is how the report is compiled. Again, it's based on seasonal traffic conditions. And then based upon the published data provided by Collier County government. Again, I expect the report to be finalized within the next 30 to 60 days. You're able to access that information on Collier County's website. And you can get a copy of that report. And I think we'll have in our — yeah. There'll be two ways, which Wayne will bring up shortly of how to access that report. [00:55:00] Jennifer Palmer: Hi, Jennifer Palmer for the record. Thank you for the information and for coming out tonight. I'm sorry that you only have one microphone. I know it's quite a hassle. It's kind of an embarrassment, too, that the library doesn't have more for us to use. This library is awesome. I walk here with my kids at least once a week. What I want to talk about tonight is community character and design, because that's part of the growth management plan. From what we know as residents of Orange Blossom, it's very much a residential street. It's a neighborhood community. We walk to the library, we ride our bikes on Orange Blossom. [00:56:01 ] Just the thought of a four-story self -storage, we've known about the medical. That's been known. We're aware of that. But this four-story self -storage just doesn't seem like it goes with the character and design of our area. Thank you. Page 21 of 28 Packet Pg. 695 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Karen Fitzgerald: Hi, it's Karen Fitzgerald again from Bridge Water Bay. All the analysis — first thank you for helping us beginning to understand this. I used to live in Connecticut. I retired from Yale. I look at all the academia schemes and schematics. And half of them don't work in practical life. We had a situation that frustrated the hell out of me. I contacted the traffic in New Haven. Every day, I wrote letters, emails. They didn't want — they had to take my calls, but they didn't want to take my calls. I finally convinced this man to let me do a ride along, to do a ride along with me. "Oh, I don't need to do. The traffic says this, there's a car this every two minutes." [00:57:00] I said, you just need to synch four traffic lights, and everything would go smoothly. I was right. It's nice to be right every once in a while. But the fight, you have to be willing to fight. We know development's going to take place. I agree the storage is a horrible idea. Horrible. The medical traffic is a constant in and out. It's not just a certain hour. People start getting appointments 8:00 in the morning. They're in and out, constant flow. Airport can't take anymore entrances onto it. The flow right now is all backed up. And I propose that maybe when it comes to talk to the county, that where I live at Bridge Water and with the school and church across the street with people trying to ride their bikes, do their walking, that a traffic light be installed there. [00:58:02] It would deter people from using that street. They don't go 30 miles an hour. It's rare. I mean, if I set my car's cruise on at 30, you'd think I was the worst old lady driving. So, there's a lot of factors here. And I know you want development, but we can't handle it. Audience Member 2: Thank you all. And I apologize if I got anybody upset. But I have one other statement to make. You should all agree with me, and I'm sure you will. Every morning, I walk out of my development, which is out of Orange Blossom. I walk down Orange Blossom past the motor vehicle, past the library, make a left on Airport. [00:59:06] But every morning, I notice the backup of cars on Orange Blossom going back, I'd say, at least half a mile. Now, a lot of them get up to the point that they make a quick right-hand turn if they get close enough to Airport. Now, what's been happening is some cars are making a U-turn on Airport and conflicting with the guy trying to make a right-hand turn. They're making a U-turn to go to the apartments further down the road. Picture that with a truck coming Page 22 of 28 Packet Pg. 696 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript off Airport making a left-hand turn, and there's no way for him to get in on that secondary entrance. He has to make a U-turn. A big truck has to make a U-turn. [01:00:00] What I'm getting at is you're looking for an accident to happen. That's all I'm going to say. Good night. Wayne Arnold: Michael, the gentleman in the back has his hands up. He hasn't spoken yet. Audience Member 6: My names [Inaudible] [01:00:221 and I live in Monterey. I'd like to talk about the measurements of the traffic. The gentleman just mentioned that the county does the measurement throughout the year. But if I remember, last time they provided the measurement was during the pandemic. Is that supposed to help who? County or the people who live here? It was measured in the summer, but during the pandemic. Because that was the day that you guys placed on the other project with the apartments. [01:01:01] Wayne Arnold: We'll respond to that. Jim Banks: Again for the record, Jim Banks. The county collects data all year long because it's information they can use in house to make certain determinations. But, what they also publish is the seasonal average conditions. That's what we know as the season when the snow birds are down here and that type of thing, during the peak periods. That is what we base the traffic study on, is we're required to use that peak seasonal data with the traffic study. Just because they're counting the traffic in the summer, we're not using that information. That's simply for the county's in-house use. We don't use that information? Audience Member 6: What year? Jim Banks: Oh, what year? They count the traffic every year. Every year, they collect data on — Rich Yovanovich: It's not pandemic data, right? [01:02:00] Jim Banks: Oh, no. As a matter of fact, the year we had the pandemic, we actually had to use the year before and forecast, which we're Page 23 of 28 Packet Pg. 697 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript beyond that now. They're collecting current data. Audience Member 6: I was actually on this meeting with you guys talking about the apartment building, you guys said that you guys used the data on the specific month, but during the pandemic. Nobody said anything about measuring throughout the year. Wayne Arnold: Sir, different project. Mr. Banks was not the traffic engineer of that project. So, it wasn't his data. I think he did a good job describing what the county does. They have permanent count stations on many of our roads, so they're collecting data all the time. Audience Member 7: Thank you. I live in Stone Gate. Everybody discussing traffic and everything, it's very simple to look. [01:03:01] If you look two weekends before when the Collier County allowed to do the seafood festival and Greek Festival held on the same day. How many people drove through that intersection? [Inaudible] and go through the wood control? Nobody wants to go there. And everybody was avoiding that intersection. This is exactly what's going to happen because with that type of facility, what's going to come? Affordable housing? Because nobody wants to come here. There are no abilities to pay. That will be the next project, right away, staffing into that medical. I work in a medical office. We try to find employees. There is no way to find anybody. People don't want to come here because there is no affordable housing. That will come next. And that's why when you allow that, this affordable will be the next thing proposed. Right away, that apartment building. Wayne Arnold: Thank you. I think we've got the message, traffic's an issue. Does anybody have a non -traffic comment? [01:04:00] We're going to try to wrap up the meeting in just a few minutes. Audience Member 8: When you're speaking we will all have to make right-hand turns, that's very obvious. I assume you are aware of the proposed Haven community that will also all have to be making right-hand turns. It's basically the same exit or very close. They have told us that they will be setting up some kind of berm or something so the people exiting cannot take the first U-turn. All that traffic, as well as yours, will have to go to the second U-turn, which I think comes out at Walden Oaks, maybe. So, the school buses, everything, half of all that traffic will certainly be going north. Page 24 of 28 Packet Pg. 698 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript So, you take 600 cars. Of them, half of it's 300 going and coming. And then all of yours, all making the same right turn. Half of them going to the second turn on Airport. Then they'll all come to Orange Blossom. [01:05:00] Again, half of them will be wanting to go east or west. It's already a nightmare. It will become a living nightmare. Karen Fitzgerald: Can I ask one more thing? Wayne Arnold: This gentleman's had his hand up for quite a while. Mark Steinman: For the record, Mark Steinman again. I'm just curious, given the fact that Orange Blossom is already crowded and given the fact that Airport is already crowded, why of all the places in Collier County, do you want to put this facility in this particular location? Wayne Arnold: The simple answer is the Lutgerts understand the demand for the product that we're pursuing. There's good demand. You have a large supply of residences in the vicinity that can service the needs of the doctors or other offices that are proposed here. [01:06:031 It makes sense. It's on a six -lane road, Airport Road, high visibility. So, there are many reasons and the market study that they've had prepared supports that. I do want to ask, we have a few Zoom participants, and I don't want to forget them. I know we had one person. Sharon, do we want to see if anybody wants to ask questions since we're kind of wrapping up here. So anybody on Zoom, could you unmute and go ahead and ask your question if you have one. If not, we'll go back to the audience here for a couple more questions. Anybody unmute? Sharon Umpenhour: Yeah, Dottie Donnelly-Brienza has a question. Go ahead, Dottie. Wayne Arnold: If you'll unmute, go ahead and speak, Dottie. Dottie Brienza: Hi, thanks. I've been here for 24 years. In addition to the incredible increase in traffic, there's also been a real increase in light and noise pollution. [01:07:03] So, my question is what is the lighting that is planned for this plot of land, including spotlights and outdoor tall lights and short lights and how many lights and what wattage? Because I live in Emerald Lake, which is right across the street. It's a small community and it Page 25 of 28 Packet Pg. 699 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript used to be a nice quiet community. With the increased traffic and the increased light and noise pollution, we might as well now be in downtown Miami, which is happening all over Naples. I'd like to understand the lighting. Wayne Arnold: Okay. Unfortunately, we're not quite that far along in the design for the project to understand what the lighting is going to be for the project. The county does have lighting standards. They're different at our access points than they are for the balance of it. I will say that for the uses that we're principally proposing here that are office and medical, the lighting in the evening is going to be pretty much limited to parking lot lighting and some other building security type lighting. [01:08:03 ] But, unfortunately, we're not there yet with design for that. That comes along once we would know exactly how the buildings are going to be arranged and what the end uses are going to be. Thank you for your questions. Dottie Ransa: And I have a follow-up question, if I might. I'd like to know what the protocol is for the county elected officials who serve the public, what the protocols are for those elected officials to actually listen to the public when so many people come out to forums like this repeatedly against building and against over building that repeatedly happens throughout the county. What is the process? Aside for waiting for the next election to vote every single person out of office. Because the public is speaking but it doesn't seem like we're being heard throughout the county. I'd like to understand what the process is . [01:09:001 Wayne Arnold: From a process standpoint, this has to go before the Collier County Planning Commission. They make a recommendation to the Board of County Commissioners. Staff analyzes the application. There are a number of criteria in the land development code we have to meet. Once we're deemed consistent with all of those, that indicates that we should have approval. They check the traffic. If it's okay, they check the box. Do they deem it's compatible? Maybe they do, maybe they don't. Is four stories too tall? That's something staff hasn't weighed in. We don't think it's incompatible. They didn't mention it the first time through. So, those are factors that they have. I think that, Rich, I don't know, 18 or 23 of those that we have to be found consistent with Page 26 of 28 Packet Pg. 700 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript before they should recommend approval of the project. And then the County Commission deals with staff recommendation and the recommendations of their planning commission. There's a give and take process. We encourage you, if you didn't take a picture, I know that the audience is dwindling, but the information will be to you for the Planning Commission and the Board of County Commission when those hearings are scheduled. [01:10:031 Yes, ma'am, Last questions? Audience Member 9: I find it interesting you're talking about the marketing study. Who says that that's the highest and best use of that property? I really wonder about that because self -storage does not fit into the realm of a residential area. It just does not. What they're basing their information on is how they can spend — how they can get the most out of that property of what they're paying for it. That's what it comes down to. And the county is going to do the same thing. They're going to cow tow to where the investors are coming into play to build this. We as residents, knowing and having been through the Sienna Lakes project, we have so little say when we had petitions many times and vocal meetings. [01:11:08] And guess what, we were not heard. We were not heard. And I will say the road study done there was a fiasco. What is going to improve? Because once the road is looked at, it's going to change because these people come in, they do their road study. They go on to another job. And then everybody else is picking up the pieces. And I really think that you have to do far more research. And the Lutgert Company better think about listening to us as residents on this end of town because it's not correct. Wayne Arnold: Thank you. One last question. Karen Fitzgerald: Just a thought. Not so much with this particular project, because people won't be living there. [01:12:011 But with all the residential areas being built, what about hurricane? We don't even have an evacuation route anymore. They're so congested. How do we get out of here if we have to? Just something to think about after living through Ian. And with all the computers, in my experience, I'm 78 years old, I've lived a little bit, does anybody ever do any practical work? Do they go out and use these roads at 2:00 and 4:00 and 5:00 and try and get around and look at their study and see if they match. Put all the practical work. Page 27 of 28 Packet Pg. 701 9.A.3.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Wayne Arnold: Thank you, everybody. Appreciate all the feedback. We appreciate that. Stay tuned. We've given you our contact information. I hope you stay involved. Thank you. Good night. [End of Audio] Duration: 73 minutes Page 28 of 28 Packet Pg. 702 9.A.3.d (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 BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER(S) PL20220003494 - Oranve-Blossom/Airport Crossroads Commercial Subdistrict (GMPA) and PL20220000533 - LutEert f N I it / pb'u 3800 Via Del Rey SIGNATURE OF API(LfCANT OR AGENT STREET OR P.O. BOX Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE Bonita Springs, Florida 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 8 day of May , 2023, by Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A., personally known to me or who Prvdueed as ident-i€satien and who did/did not take an oath. Signature of Notary Public CARIN J. DWYER MY COMMISSION# GG 982367 a EXPIRES: May 14, 2024 Bonded Thru Notary Public Underwrkrs My Commission Expires: (Stamp with serial number) Carin J. Dwyer Printed Name of Notary Public Rev. 3/4/2015 Packet Pg. 703 9.A.3.d PUBLIC HEARING NOTICE ORANGE BLOSSOMIAIRPORT CROSSROADS COMMERCIAL SUBDISTRICT: AND LUTGERT AIRPORT ROAD COMMERCIAL PUD (PETITION NUMBERS:PL20220003494 & PL20220000533) CCPC: JUNE 1, 2023. 9:00 A.M. BCC: JUL.Y 11, 2023 - 9:00 A.M. COLLIER GOVERNMENT CENTER. 3RD FLOOR, 3299 EAST TAMIAh•II TRAIL. NAPLES. FL 34112 KATHERINE EASTLEY: 239-252-2834 AND 64 NANCY GUNDLACH: 239.252-2464 PUBLIC HEARING NOTICE ORANGE BLOSSOM/AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT; AND LUTGERT AIRPORT ROAD COMMERCIAL PUD (PETITION ,. NUMBERS:PL20220003494 & PL20220000533) CCPC: JUNE 1, 2023 -9:00 A.M. BCC: JULY 11, 2023 - 9:00 A.M. COLLIER GOVERNMENT CENTER, 3RD FLOOR, 3299 EAST TAMIAMI TRAIL, NAPLES, FL 34112 KATHERINE EASTLEY: 239-252-2834 AND NANCY GUNDLACH: 239-252-2484 Packet Pg. 704 9.A.4 06/01/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.4 Doc ID: 25417 Item Summary: PL20220000533 - Lutgert Airport Road CPUD - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Rural Agricultural (A) zoning district to the Commercial Planned Unit Development (CPUD) zoning district for a project to be known as Lutgert Airport Road CPUD, to allow up to 75,000 square feet of gross leasable area of commercial uses and up to 104,000 square feet of gross leasable area of indoor self -storage including automobile storage. The property is located on the west side of Airport Road North, approximately 320 feet south of Orange Blossom Drive in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5::L acres: and providing an effective date. (Companion Item to PL20220003494 Orange Blossom/Airport Road Commercial Subdistrict) [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Planner III] Meeting Date: 06/01/2023 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 05/04/2023 3:28 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 05/04/2023 3:28 PM Approved By: Review: Planning Commission Diane Lynch Review item Operations & Regulatory Management Donna Guitard Review Item Zoning Ray Bellows Review Item Zoning James Sabo Review Item Zoning Mike Bosi Division Director Planning Commission Diane Lynch Additional Reviewer Growth Management and Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Completed 05/09/2023 3:23 PM Completed 05/12/2023 2:08 PM Completed 05/12/2023 5:00 PM Skipped 05/15/2023 11:38 AM Completed 05/15/2023 1:03 PM Completed 05/24/2023 3:47 PM GMD Deputy Dept Head Completed 05/24/2023 6:05 PM 06/01/2023 9:00 AM Packet Pg. 705 9.A.4.a ORDINANCE NO.2023- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURAL (A) ZONING DISTRICT TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS LUTGERT AIRPORT ROAD CPUD, TO ALLOW UP TO 75,000 SQUARE FEET OF GROSS LEASABLE AREA OF COMMERCIAL USES AND UP TO 104,000 SQUARE FEET OF GROSS LEASABLE AREA OF INDOOR SELF -STORAGE INCLUDING AUTOMOBILE STORAGE. THE PROPERTY IS LOCATED ON THE WEST SIDE OF AIRPORT ROAD NORTH, APPROXIMATELY 320 FEET SOUTH OF ORANGE BLOSSOM DRIVE IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20220000533) WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, Inc. and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester PA, representing Lutgert Medical Center, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning [22-CPS-02288/ 1789286/ 1 ] 75 Lutgen Medical / PL20220000533 5-2-23 1 of 2 Packet Pg. 706 District for a project known as the Lutgert Airport Road CPUD, in accordance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, 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. 2023- becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this ATTEST: CRYSTAL K. KINZEL, CLERK Lb -A , Deputy Clerk Approved as to form and legality: N(I �ti,ti0 Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A — List of Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — List of Deviations Exhibit F — List of Developer Commitments [22-CPS-02288/1789286/1175 Lutgert Medical / PL20220000533 5-2-23 2 of 2 day of , 2023. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman Packet Pg. 707 9.A.4.a EXHIBIT A LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 75,000 square feet of gross leasable area of general commercial and office and a maximum of 104,000 square feet of gross leasable area of indoor mini storage or auto storage shall be permitted within the CPUD. 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. Accident & Health Insurance Services (SIC 6321); and 2. Accounting services (SIC 8721); and 3. Adjustment services (SIC 7322); and 4. Advertising (consultants) agencies (SIC 7311); and 5. Architectural services (SIC 8712); and 6. Auditing service, accounts (SIC 8721); and 7. Banks, Federal Reserve (SIC 6011); and 8. Banks, commercial: national (SIC 6021); and 9. Banks, commercial: not chartered (SIC 6029); and 10. Banks, commercial: state; and (SIC 6022); and 11. Banks, savings: Federal (SIC 6035); and 12. Banks, savings: not federally chartered (SIC 6036); and 13. Barber Shops, except for barber schools (SIC 7241); and 14. Beauty Shops, except for barber schools (SIC 7231); and 15. Bookkeeping Services (SIC 8721); and 16. Business Consulting Services, not elsewhere classified (SIC 8748); and 17. Civic, social and fraternal associations (SIC 8641); and 18. Collection Services (SIC 7322); and 19. Commodity Contracts Brokers & Dealers (SIC 6221); and 20. Computer maintenance and repair (SIC 7378); and (Lutgert Airport Road CPUD PL20220000533) April 10, 2023 Page 1 of 11 Packet Pg. 708 9.A.4.a 21. Computer processing services (SIC 7374); and 22. Computer programming services (SIC 7371); and 23. Credit Clearinghouses (SIC 7323); and 24. Credit Reporting Services (SIC 7323); and 25. Credit unions, Federal (SIC 6061); and 26. Credit unions, State: not federally chartered (SIC 6062); and 27. Data processing consultants (SIC 7379); and 28. Data processing services (SIC 7374); and 29. Debt counseling, no other miscellaneous services (SIC 7299); and 30. Dentist office/clinic (SIC 8021); and 31. Direct mail advertising service (SIC 7331); and 32. Doctors - Medicine offices & clinics (SIC 8011); and 33. Doctors - Osteopathy offices & clinics (SIC 8042); and 34. Doctors - Chiropractors offices & clinics (SIC 8041); and 35. Drug stores (SIC 5912); and 36. Eating places (SIC 5812); and 37. Engineering services: limited to industrial, civil, electrical, (SIC 8711); and mechanical, marine and design 38. Essential Services, subject to LDC 2.01.03 including existing (SIC 3663); and radio and television broadcasting and communications equipment 39. Fire, Marine & Casualty Insurance Services (SIC 6331); and 40. Health practitioners - not elsewhere classified (SIC 8049); and 41. Home health care services (SIC 8082); and 42. Hospital & Medical Healthy Services (SIC 6324); and 43. Insurance Carriers, not elsewhere classified (SIC 6399); and 44. Intermediate Care Facilities (SIC 8052); and 45. Investment Advice (SIC 6282); and 46. Life Insurance Services (SIC 6311); and 47. Land Subdividers & Developers (SIC 6552); and 48. Landscape architects, consulting & planning (SIC 0781); and 49. Legal services (SIC 8111); and 50. Loan brokers (SIC 6163); and 51. Management Services (SIC 8741); and 52. Management Consulting Services (SIC 8742); and 53. Medical equipment rental and sales (SIC 7352); and 54. Mortgage Bankers & Loan Correspondents (SIC 6162); and (Lutgert Airport Road CPUD PL20220000533) April 10, 2023 Page 2 of 11 Packet Pg. 709 9.A.4.a 55. Miscellaneous Business Credit Institutions (SIC 6159); and 56. Membership Organizations, not elsewhere classified (SIC 8699); and 57. Optometrists -offices & clinics (SIC 8042); and 58. Pension, Health and Welfare Funds Services (SIC 6371); and 59. Personal Credit Institutions (SIC 6141); and 60. Photographic Studios, Portrait (SIC 7221); and 61. Podiatrists - offices & clinics (SIC 8043); and 62. Public Relations Services (SIC 8743); and 63. Radio, Television & Publishers Advertising Representatives (SIC 7313); and 64. Real Estate Agents and Managers (SIC 6531); and 65. Secretarial and Court Reporting Services (SIC 7338); and 66. Security Brokers, Dealers & Flotation Companies (SIC 6211); and 67. Security and Commodity Exchanges (SIC 6231); and 68. Services Allied with the Exchange of Securities or (SIC 6289); and Commodities, not elsewhere classified 69. Shoe Repair Shops and Shoeshine Parlors (SIC 7251); and 70. Short -Term Business Credit Institutions, except agricultural (SIC 6153); and 71. Skilled Nursing Care Facilities (SIC 8051); and 72. Surety Insurance Services (SIC 6351); and 73. Tax Return Preparation Services (SIC 7291); and 74. Title Abstract Offices (SIC 6541); and 75. Title Insurance Services (SIC 6361); and 76. Travel Agencies (no other transportation services) (SIC 4724); and 77. Veterinary Services, excluding outdoor kenneling (SIC 0742); and 78. Warehousing and Storage, air conditioned indoor mini and (SIC 4225) enclosed auto storage Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Courtyards 2. Covered parking 3. Gazebos 4. Outdoor dining area (Lutgert Airport Road CPUD PL20220000533) April 10, 2023 Page 3 of 11 packet Pg. 710 9.A.4.a 5. Walls and fences 6. Water management (Lutgert Airport Road CPUD PL20220000533) April 10, 2023 Page 4 of 11 Packet Pg. 711 9.A.4.a EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standard tables. 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. TABLE I COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL USES ACCI!WRVdsts MINIMUM LOT AREA 10,000 SQUARE FEET N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (External) From Airport Road ROW 25 FEET 25 FEET From Northern PUD Boundary 20 FEET 10 FEET From Western PUD Boundary 25 FEET 15 FEET From Southern Boundary 20 FEET 15 FEET ._ � W. .'hii�lii!�H'�� ,�,��' '.,u t��I•� 68� u II : _�� ij Internal Drives/ROW ",i"if �Nl��.!I"," ��I!I ID i�i��I��Y". f ,+ Ike (', 4 II 10 FEET ii i,, u�u� I� ha" w. 11 l�l it V 0 FEET Rear 10 FEET 10 FEET Side 10 FEET 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 10 FEET 10 FEET A (t 'U't�,ki T'MR, r Zoned p E�O .F 50 FET %K.: 25 FEET Actual 60 FEET 25 FEET MINIMUM FLOOR AREA 1,000 SQUARE FEET N/A MAXIMUM GROSS LEASABLE AREA Office/Retail Indoor Mini and Auto Storage 75,000 SQUARE FEET 104,000 SQUARE FEET N/A N/A (Lutgert Airport Road CPUD PL20220000533) April 10, 2023 Page 5 of 11 Packet Pg. 712 9.A.4.a SITE SUMMARY TOTAL SITE AREA: 5± ACRE COMMERCIAL (C) 4.23± AC (85%) WATER MANAGEMENT 0.3± AC (6%) LANDSCAPE BUFFERS 0.47± AC (9%) COMMERCIAL/OFFICE: MAXIMUM 75,000 S.F. OF GROSS LEASABLE AREA INDOOR STORAGE: MAXIMUM 104,000 S.F. OF GROSS LEASABLE AREA OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRFSFR\/F- REQUIRED: 0± ACRES (0 ACRES NATIVE VEGETATION X 15%) PROVIDED: 0± ACRES TREE PRESERVATION: REQUIRED: 5 TREES(33 EXISTING TREES X 15%) PROVIDED: 5 TREES DEVIATIONS (SEE EXHIBIT E NO DEVIATIONS REQUESTED NOTES THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. Q.CrsdynloiurauJ111"Iu`Inllrx,luCA ®GradyMinor nwnlM Springs. Mod. 31131 Civil Engineers . Land Surveyors . Planners . Landscape Architects Curt. of Aaf, ER 0005151 CW6 ur Amn. 1.n 0005151 gu,1— 1.0 26000266 nonila Springs: 239.947.1144 s WK. Grady4fianP. rom Fnri Myers: 239.690.4380 LUTGERT AIRPORT ROAD CPUD EXHIBIT C MASTER PLAN NOTES REVISED 04/10/2023 Mug: Packet Pg. 714 9.A.4.a COMMENCING AT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 2, NORTH 2°14' 00" WEST 1708.10 FEET; THENCE PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NE 1/4 OF THE SE 1/4 OF SAID SECTION 2, SOUTH 890 51' 42" WEST 100.07 FEET TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 31 AND THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NE 1/4 OF THE SE 1/4 OF SAID SECTION 2, SOUTH 890 51' 42" WEST 660.00 FEET; THENCE NORTH 20 14' 00" WEST 330.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NE 1/4 OF THE SE 1/4 OF SAID SECTION 2, NORTH 89° 51' 42" EAST 660.00 FEET TO SAID WEST RIGHT-OF-WAY LINE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 2° 14' 00" EAST 330.00 FEET TO THE PLACE OF BEGINNING; BEING A PART OF THE SOUTH 1/2 OF THE NE 1/4 OF THE SE 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 5± ACRES MORE OR LESS (Lutgert Airport Road CPUD PL20220000533) April 10, 2023 Page 8 of 11 Packet Pg. 715 9.A.4.a LIST OF DEVIATIONS No Deviations requested. (Lutgert Airport Road CPUD PL20220000533) April 10, 2023 Page 9 of 11 Packet Pg. 716 9.A.4.a NIUM LIST OF DEVELOPMENT COMMITMENTS PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Lutgert Medical Center, LLC, 4850 Tamiami Trail North, Suite 200, Naples, FL 34103. Should the Managing Entity desire to transferthe monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. D. Vehicular interconnection with the Italian American Club PUD is required, particularly to provide eastbound traffic direct egress onto Orange Blossom Drive. Vehicular use areas, buildings and structures, landscape buffering and open space, and other uses shall be designed in such a mannerthat does not impede or interfere with access to or from the adjacent parcel to the north. E. Development within the CPUD shall have common site, signage and building architectural elements, including on -site signs directing motorists toward northbound egress through the Italian American Club PUD onto Orange Blossom Drive. TRANSPORTATION: (Lutgert Airport Road CPUD PL20220000533) April 10, 2023 Page 10 of 11 Packet Pg. 717 9.A.4.a A. The total daily trip generation for the PUD shall not exceed 318 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. Vehicular and Pedestrian interconnections will be provided to the north to allow access to connection points with the Italian American Club PUD, consistent with the conceptual CPUD Master Plan, Exhibit C. The final location of the access points will be coordinated with the adjacent property owner and a cross -access easement will be provided at time of the first Site Development Plan. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns prior to the first Certificate of Occupancy. The interconnection shall remain open to the public. ENVIRONMENTAL: A. No native preservation area is required as there is no native vegetative community on the property. Thirty-three native trees exist on -site, and 15%, or 5 trees will be retained or replanted consistent with LDC Section 3.05.07.A.2. The retained or replanted trees will be provided on the Site Development Plan. (Lutgert Airport Road CPUD PL20220000533) April 10, 2023 Page 11 of 11 Packet Pg. 718 9.A.4.b TO: FROM: HEARING DATE: SUBJECT: i Co ii v County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION JUNE 1, 2023 PUDZ-PL20220000533, LUTGERT AIRPORT ROAD COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), COMPANION TO GMPA- PL20220003494 ORANGE BLOSSOM/AIRPORT ROAD COMMER- CIAL SUBDISTRICT PROPERTY OWNER/APPLICANT AND AGENTS: Owner/Applicant: Lutgert Medical Center, LLC 4850 Tamiami Trail North, Suite 200 Naples, FL 34103 Agents: D. Wayne Arnold, AICP Richard Yovanovich, Esquire Q. Grady Minor & Associates Coleman, Yovanovich & Koester, P.A. 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs, FL 34134 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Rural Agricultural (A) zoning district to the Commercial Planned Unit Development (CPUD) zoning district for a project to be known as Lutgert Airport Road CPUD, to allow up to 75,000 square feet of gross leasable area of commercial uses and up to 104,000 square feet of gross leasable area of indoor self -storage including automobile storage. PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 1 of 15 Packet Pg. 719 $■ , §�e _ . ` � ] j� § g % » §E u ,■ z j —- ■ A�rpaqjk _ we , , u ~ LLJ U§ k _ ■ u 2D § a \ \ a. g « C, « -« § e m � ± � , | Air urt D � � # % § k k \ � § z � k _ q � � U | Z 0 c ■ �� C6 � � 2 PUS m»&mBmS% mTG ERT AIRPORT ROAD CPUD Page 2a e 0- ca iF � � ,E 0 N 9&2,ma Packet Pg. 720 9.A.4.b af w LL b LL 7) W m W �a �< w ❑ cn z AIRPORT PULLING ROAD d J Ly W D rJ—'-- -I Waw �' I �< I I n z LL �z I- L J I �°w I -I I a I I I F H Wuw aW cow zw W O aw �z = Lu w F = I w LL dLL _ Lu m W a z Q� A AGRICULTURAL ASSISTED LIVING FACILITY MASTER PLAN PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD b. 4 � ,ry J a� May12, 2023 Page 3 of 15 Packet Pg. 721 9.A.4.b SITE SUMMARY TOTAL SITE AREA: 5± ACRE COMMERCIAL (C) 4.231 AC (85%) WATER MANAGEMENT 0.3±AC (6%) LANDSCAPE BUFFERS 0.47±AC (9%) COMMERCIALfOFFICE: MAXIMUM 75,000 S-F_ OF GROSS LEASABLE AREA INDOOR STORAGE: MAXIMUM 104,000 S.F. OF GROSS LEASABLE AREA OPEN SPACE: REQUIRED. 30% PRQVIDED: 30% PRESERVE: REQUIRED. 0± ACRES (0 ACRES NATIVE VEGETATION X 15%) PROVIDED: 0± ACRES TREE PRESERVATION, REQUIRED: 5 TREES(33 EXISTING TREES X 15%) PROVIDED: 5 TREES DEVIATIONS (SEE E-XHIBIT E) NO DEVIATIONS REQUESTED NOTES 1, THIS PLAN 15 CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. LUTGERT AIRPORT ROAD CPUD �GradyMinor EXHIRIT C �w.a a7Ml Ei�pineel� Land frnXnla Poanne� Lank raPr ,irrhllMx MASTER PLNJ NOTES REASW 04/10/2023 l��la #}mp<LIN1hiTIHi ax ..firoiryiffxrr. nra 4'r,ll•+n�J7AVIM1�� !�! $ W 7 MASTER PLAN PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 4 of 15 Packet Pg. 722 9.A.4.b GEOGRAPHIC LOCATION: The subject CPUD, consisting of 5.0± acres, is located on the west side of Airport Road approximately 320± feet south of Orange in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to rezone 5.0± acres from Agriculture (A) to the Lutgert Airport Road Commercial Planned Unit Development (CPUD) zoning district to allow the development of up to 75,000 s.f. of general commercial uses and up to 104,000 s.f. of indoor mini storage or auto storage. See Attachment A Proposed PUD Ordinance. The Master Plan, located on the previous page of this Staff Report, depicts the area of proposed commercial development, vehicular ingress/egress onto Airport Road and the Italian American Club to the north, landscape buffers, and water management areas. The Master Plan also shows that 4.23± acres will be commercial area, .47± acres will be buffers, and .3± acres will be water management area. A minimum of 30% open space will be provided. To the north of the subject PUD is the 5.0± acre Italian American Club, approved for 54,000 s.f. of civic and commercial development, and then Orange Blossom Drive. To the east of the subject PUD is Airport Road, a six -lane divided arterial road, and then the southern portion of Sienna Lakes PUD, approved for multi -family and commercial development. To the south of the subject PUD is the entrance road and lakes to an assisted living facility. To the west of the subject PUD is an assisted living facility. The proposed PUD boundary setbacks are 25 feet from Airport Road and the western PUD boundary, and 20 feet from the northern and southern PUD boundary. The petitioner proposes a maximum zoned height of 50 feet and an actual building height of 60 feet. There is a proposed 15-foot wide Type D Landscape Buffer (trees 30 feet on center) along Airport Road. A 10-foot wide Type A Landscape Buffer (trees 30 feet on center) is proposed along the other PUD boundaries. See Attachment A -Proposed PUD Ordinance. SURROUNDING LAND USE AND ZONING: North: The Italian American Club, with a zoning designation of Italian American Club CPUD East: Airport -Pulling Road North, a six -lane divided minor arterial road, and a nursery with a zoning designation of Longview Center PUD South: Developed lakes and a road within an Assisted Living Facility with a zoning designation of Agriculture (A) West: Assisted Living Facility with a zoning designation of Agriculture (A) PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 5 of 15 Packet Pg. 723 9.A.4.b Ny ff AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone and has found it consistent with the Future Land Use Element (FLUE) of the GMP upon adoption of the companion GMP Amendment. The companion petition (PL20220003494), Small Scale Growth Management Plan Amendment (GMPA) amends a 5-acre portion of the Orange Blossom/Airport Crossroads Commercial Subdistrict which is proposed to be rezoned from Agricultural (A) to the Lutgert Airport Commercial Planned Unit Development (CPUD). The amendment seeks to allow up to 74,000 square feet of general commercial and office uses and 104,000 square feet of indoor mini -storage or auto storage use. Additionally, the GMPA seeks to amend the existing Commercial Subdistrict in the Future Land Use Element (FLUE) and the Future Land Use Map (FLUM) and map series for the subject property to allow for the additional intensity and land uses proposed in the CPUD. Due to the request for increased intensity and additional land uses, the petition is not consistent with the adopted GMP, therefore the petitioner submitted the companion GMPA for consideration. The PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 6 of 15 Packet Pg. 724 9.A.4.b CPUD petition may be deemed consistent if and when the companion GMPA is adopted and goes into effect. The PUD Ordinance shall provide for an effective date consistent with the effective date of the companion GMPA petition. Transportation Element: In evaluating this project, staff reviewed the applicant's December 14, 2022, Transportation Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the current 2022 Annual Update and Inventory Report (AUIR) in this report. Policy 5.1 of the Transportation Element of the GMP states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. 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 staff has evaluated the TIS submitted with the proposed petition and has found that the proposed Lutgert Airport Road CPUD will add +/- 318 PM peak hour two-way trips on the adjacent roadway network. The proposed development will have a single right-in/right-out access on Airport -Pulling Road with potential interconnections to the Italian American Club CPUD to the north. PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 7 of 15 Packet Pg. 725 9.A.4.b The additional trips will impact the following roadway network links: Roadway Link 2021 2022 P.M. Peak 2021 2022 PM Peak Link Location AUIR AUIR Hour Peak AUIR AUIR Hour # LOS Existing Direction Remaining Remaining Peak LOS Service Capacity Capacity Direction Volume/Peak Project Direction Volume 1.0 Airport Immokalee C C 2,200/North 621 680 NB/46 Pulling Rd. to Road Vanderbilt Beach Rd. 2.1 Airport Orange C D 3,000/North 857 707 NB/118 Pulling Blossom Dr. Road to Vanderbilt Beach Rd. 2.2 Airport Orange C C 3,000/North 865 765 NB/138 Pulling Blossom Dr. Road to Pine Ridge Rd. 3.0 Airport Pine Ridge C C 3.000/North 986 806 SB/18 Pulling Rd. Rd. to Golden Gate Pkwy. 142.0 Orange Goodlette B B 1,320/West 804 707 WB/7 Blossom Dr. Frank Road to Airport Pulling Road 143.0 Orange Airport C C 1,000/West 437 347 EB/13 Blossom Dr. Pulling Road to Livingston Road Staff notes that the roadway network has sufficient capacity to accommodate the proposed Lutgert Airport Road CPUD development. Additionally, the project is located within the North West Transportation Concurrency Management Area (TCMA) which currently operates with 94.0% of the lane miles meeting the minimum required operating standards. Therefore, the proposed development is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan within the 5-year planning period, and the Transportation Planning staff recommends approval of the request. Conservation and Coastal Management Element (COME): Environmental review staff has found this project to be consistent with the CCME. The project site consists of thirty-three native trees. A minimum of five trees (15%) shall be replanted onsite. GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the GMP upon adoption of the companion GMP Amendment. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 8 of 15 Packet Pg. 726 9.A.4.b (referred to as "Rezone Findings"), which establish the legal basis to support the Collier County Planning Commission's (CCPC) recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review." In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The Master Plan provides for five (5) native trees to be replanted onsite, which meets the minimum 15% preservation requirement in accordance with LDC section 3.05.07 (33 trees x 15% = 5 trees). The property was initially cleared of vegetation in the 1990s. The property has been maintained devoid of native midstory vegetation and ground cover, as such, a tree survey was used to determine the native tree preservation requirement for the proposed development. No listed animal species were observed on the property. The property is in Wellfield Risk Management Special Treatment Overlay zones (ST/W-4) and must address groundwater protection in accordance with LDC Section 3.06.12. Due to the proximity of this property to private drinking water wells, Pollution Prevention Best Management Practices (BMPs) must be provided at the time of PPL or SDP review for those land uses which have the potential to cause impacts on drinking water. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Landscape Review: Landscape Review staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Utilities Review: The project lies within the regional potable water service area and the North County Water Reclamation Facility wastewater service area of the Collier County Water -Sewer District (CCWSD). Water and wastewater services are available via existing infrastructure within the adjacent right-of-way. Sufficient water and wastewater treatment capacities are available. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. Zoning and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewingtppropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building eights, setbacks, landscape buffers, etc.). buildingmss, building location and orientation, architectural features, amount and We of open space and location. PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 9 of 15 Packet Pg. 727 9.A.4.b Staff believes that the proposed development will be compatible with and complementary to the surrounding land uses. Staff offers the following analysis of this project: The proposed Lutgert Airport Road CPUD is surrounded by mostly developed properties. As previously stated, the Italian American Club PUD is located to the north of the subject property. Airport Road, a six -lane divided arterial road, and then the southern portion of Sienna Lakes PUD, approved for multi -family and commercial development is located to the east. An assisted living facility is located to the south and west of the subject property. As previously stated, the purpose of the proposed Rezone is to add 75,000 s.f. of commercial and 104,000 s.f. of self -storage land uses to the subject 5± acre property. The proposed maximum zoned height of 50 feet and an actual building height of 60 feet are similar to the zoned height of 55 feet and actual height of 62 across the street at the Longview PUD. Vehicular access will be from Airport Road and a vehicular/pedestrian interconnect has been provided to Orange Blossom Drive through the Italian American Club PUD. The minimum code buffering and open space requirements have been met. Staff finds the proposed changes to be compatible with the neighborhood. REZONE FINDINGS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with the GMP upon adoption of the companion GMP Amendment. 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 adult living facility, nursery, and institutional lands. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel 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 upon adoption of the companion GMPA. PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 10 of 15 Packet Pg. 728 9.A.4.b 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to develop the property with commercial land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD Rezone is consistent with the County's land use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP upon adoption of the companion GMPA. 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. 8. Whether the proposed change will create a drainage problem. The proposed PUD Rezone will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Rezone will not reduce light and air to adjacent areas inside or outside the PUD. Furthermore, the PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff believes this PUD Rezone 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 the proposed Lutgert Airport Road CPUD are mostly developed. The basic premise underlying all of the development standards in the LDC is that their sound application, when PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 11 of 15 Packet Pg. 729 9.A.4.b combined with the SDP approval process and PPL process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of the adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development will comply with the GMP upon adoption of the companion GMPA, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed Rezone does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used per existing zoning; however, the proposed uses cannot be achieved without rezoning the property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff believes that the proposed PUD Rezone 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. PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 12 of 15 Packet Pg. 730 9.A.4.b 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria outlined 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 the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. A water main is available along Airport Road North and wastewater mains are available crossing and along Airport Road North. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utilities acceptance. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP and PPL 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. PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 13 of 15 Packet Pg. 731 9.A.4.b 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found 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 location of improvements, restrictions on design, and buffering and screening requirements. The proposed landscaping and buffering standards are compatible with the adjacent uses. Staff has concluded that this Rezone will not change the project's compatibility, both internally and externally. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required and additionally 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, including Collier County Water -Sewer District potable water and wastewater mains, to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is not seeking any deviations. PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 14 of 15 Packet Pg. 732 9.A.4.b BRIG ORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on March 1, 2023, at the Collier County Headquarters Library, located at 2385 Orange Blossom Drive, Naples, Florida. Approximately 75 residents attended the meeting along with the Agent's team and Applicant. The residents and the Agent/Applicant discussed the proposed development, and traffic. For further information, see attached Exhibit C - NIM Transcript. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the Staff Report for this petition on May 5, 2023. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDR- PL20220000533, Lutgert Airport Road CPUD to the BCC with a recommendation of approval. Attachments: Attachment A -Proposed PUD Ordinance Attachment B-NIM Transcript Attachment C-Application PUDZ-PL20220000533, LUTGERT AIRPORT ROAD CPUD May12, 2023 Page 15 of 15 Packet Pg. 733 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Wayne Arnold: We're going to go ahead and get started in just one minute. Computer Voice: Recording in progress. Wayne Arnold: Good evening everybody. My name is Wayne Arnold and I'm here representing the Lutgert Companies. We are proposing — Sharon Umpenhour: Wait, can you start over again, please? I was muted, sorry. Wayne Arnold: Sorry, I have to say that again. We have some participants on Zoom who were apparently muted on Zoom. Good evening, I'm Wayne Arnold with Grady Minor and Associates here representing the Lutgert Companies. They are proposing a land use change and a zoning amendment in Collier County. So, this is our required neighborhood information meeting to tell the community what our initial plans are. I'm going to go ahead and make some introductions. Sharon Umpenhour is up front. She's going to be running the technology for us. We have to record the meeting for the county and create a transcript. So, when we get to the Q&A, we ask that only one person speak at a time. The library unfortunately has one working microphone tonight and I have it. [00:01:00] So, what we're going to do is have Mike Herrera from our team go around the audience and pass the microphone to whoever we call on to speak. So we can make sure whoever's on Zoom can hear it and then we get a clear record for the county to have of your comments. So, let me make some introductions. We have Howard Gutman and Mike Hoyt from the Lutgert Companies here. We have Jim Banks, who's our traffic engineer here. Michael Herrera is the design engineer for the site. And Rich Yovanovich, who many of you know, is our land use counsel on the case. So, we're going to go through a brief 10-minute presentation and then take some questions and answers to talk about any questions you may have about the project that we're proposing. I also want to introduce a couple of county staff members that are in the audience. We have Nancy Gundlach who is one of the zoning folks. And then we have Sue Faulkner who is with our comprehensive planning staff with the county. So, they're here to just monitor. They're not here to be put on the spot. [00:02:00] They're reviewing the application. We've had an initial review of our applications. There's yet to become more reviews with the Page 1 of 28 Packet Pg. 734 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript county staff before we get to any public hearing. With that, let me go ahead and get started. Sharon, I'm going to give you the clicker. I'm going to need you to advance the slides for me, if you don't mind. Thank you. So, the subject property is located just south of the Italian American Club on the west side of Airport Road. It is surrounded by the Carlisle to the south. The property is about five acres. It's highlighted in the hatch pattern here on the screen. It was all originally part of a comp plan amendment for the Airport - Orange Blossom comprehensive plan amendments. So, it has commercial entitlements on it today. It just wasn't zoned from ag. But Italian American Club was in charge of the zoning application. And they zoned their own piece here for commercial development. [00:03:00] But they did not zone this parcel. So, we're amending the comprehensive plan for the subdistrict that was created to increase the commercial square footage allowed on that parcel. And we're asking for an increase from 40,000 square feet that's allowed today to 75,000 square feet of office and medical office with some incidental retail. And then also the opportunity to put some storage up to 104,000 square feet. So, it would be auto storage or indoor self -storage. This is just a larger scale of the area location map. We'll probably refer back to this as you all may have questions. So, again, the property's zoned agricultural today. We're rezoning it to a planning and development. We're also changing the Orange Blossom Airport Crossroads commercial subdistrict. And as I stated, we're asking for up to 75,000 square feet of office and medical. The Lutgert family thinks this really makes sense for a medical campus. [00:04:00] So, we've asked for a lot of the medical related uses, other general offices uses, some incidental retail thrown in there like a pharmacy that may support the medical facilities that would go in here. And then eating places to make sure we would have opportunities for a cafe, or some other eating place associated with the office complex. And then the facility gets also the storage component up to 104,000 square feet, which is about average for what we're seeing in our community in southwest Florida for folks that are building indoor self -storage facilities. They range anywhere from 100,000 square feet to 120,000 square feet that we end up working on. Page 2 of 28 Packet Pg. 735 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript So, again, this is the mechanics of the comp plan. We have to create an exhibit that goes with the comprehensive plan amendment. So, we've modified the subdistrict, which is how it's designed on the future land use map. But again, it's already entirely a commercial subdistrict. So, the commercial is an entitlement under our growth management plan today. [00:05:01] This is a conceptual master plan that we do for the county's PUD submittal. This is an example of what more likely will be developed. This, again, is schematic and is subject to change. But you can see store orientation. We have Airport Road to the right of the screen. The Italian American Club is to the north. And then Carlisle wraps around the properties. So, what they're looking at is most likely four-story medical and office buildings located up closer to Airport Road. And then at the back of the site, gets the self -storage facility. Keeping in mind that we've got the Carlisle back here and then Carlisle here. And then the Italian American Club, whatever it becomes, to the north. So, our primary access point is on Airport Road. We have a circulation all the way through. The existing comprehensive plan requires us to have two connection points into the Italian American Club property. So, we propose those in locations that are generally consistent with where they had previously shown on their site, as well. [00:06:00] Audience Member 1: So, entries — Wayne Arnold: Conceptual renderings — Sir, we're going to take questions in just a minute. Audience Member 1: I'm just saying, you just made the statement entrance will be on Orange Blossom? Wayne Arnold: I said the entrance will be on Airport Road. We're providing to interconnections to the Italian American Club. Audience Member 1: And the secondary entrance? Wayne Arnold: The secondary entrance goes onto Orange Blossom Drive, which is through the Italian American Club. Male Speaker: That's what we're worried — Page 3 of 28 Packet Pg. 736 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Wayne Arnold: Sir, I'm going to have to get you on microphone. So, if you can please hold your comments, and we will make sure you have your comments heard. Okay? Thank you. So, we have a conceptual rendering. We're working with an architect to try to figure out what the massing is and looking at, as you notice on the site plan, most likely, all the buildings there will be four stories in height. Through the community process, we're required to establish building setbacks and development standards. Most people are concerned, principally, about how many square feet. That's where we reflect the 75,000 square feet of office retail, up to 104,000 square feet of indoor and mini auto storage. [00:07:03 ] And then, the heights we're proposing, 50-foot zoned height, 60 foot actual height, which allows us to do the four-story buildings. So, as I mentioned in the process, we've submitted an application. The county's given us initial review comments back. We're required to hold this meeting after we get our first set of comments back. We'll continue to work through staff reviews, probably for another two or three months, likely. And then our hope would be that we're ready for a planning commission hearing sometime in the early fall, late summer, if we're lucky. And then county commission most likely would follow sometime in the fall. But no hearing dates have been established yet. So, if you received a notice for this meeting, you'll be receiving notice from the county when we do get the county commission and the planning commission public hearing scheduled. And then also, the signs that you've seen around town, the 4x8 signs will be posted on this property, as well. [00:08:001 So, there will be those types of public notice requirements. And then the information we also have is to contact information. So, this presentation will be made available on our website. If you go to the planning link on our website. You can also contact county staff. We have Nancy and Sue's contact information if you'd like to email them and ask for copies of the submittal. We're going to update our website with all the latest public information that we've submitted to the county up until we get to a public hearing. So, we try to make sure the community can just link our website because it's certainly a lot easier to just look at a website for most of us than it is to go down to the county offices and ask to see hard copies of files. Pagc 4 of 28 Packet Pg. 737 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript But if anyone wants to see hard copies, we would certainly make those available to you, as well. That, in a nutshell, is what we're proposing. I'd like to go ahead and ask if anybody has questions. But I also want to make sure we're on microphone so everyone can hear as well as the people on the Zoom. [00:09:00] Yeah, the one thing I would caveat, if you don't feel comfortable giving your name, at least indicate that you're a resident or something. When the transcripts made, they can't distinguish whether it's somebody from the applicant team speaking or whether it's a person from the public. So, if you're comfortable giving your name, feel free to. If not, just indicate I'm a neighbor or a resident nearby and that's good enough, too. Andrew DiGiorgio: My name is Andrew DiGiorgio. I'm a resident of Emerald Lakes. My initial concern with the entire project is our precious little Orange Blossom Drive. Right now, we have everybody for the Motor Vehicle Department coming down Orange Blossom. [00:10:00] We have everybody for the library coming down Orange Blossom. We have everybody from up west heading towards Publix Shopping Center. We have trucks coming down Orange Blossom to go to the nursery across the street on Airport. You're proposing to have a doctor's office which is four story high, is also going to have other offices, which is going to require a lot of parking spaces. So, what do the people that park behind the Italian American Club that work at the DMV and that work at the library that are presently parked in the back there, now they're going to have to move. [00:11:00] And they'll be in the parking lot of their respective buildings. You can't handle this traffic like that. The last thing we want is a four - lane highway through Orange Blossom. Wayne Arnold: Anybody else, raise your hand, and we'll get the microphone to you. Ellen Nowacki: Hi, my name is Ellen Nowacki, I'm a resident on Il Regalo Circle. This afternoon at 3:30, I was on Orange Blossom heading west and it took me five traffic lights to cross Airport -Pulling. This evening, trying to come to this meeting, I was on Yarberry trying to turn right or heading east to come to the library, and I was there 10 minutes and had to make an illegal go around another car, poor soul was trying to turn left, and go around them near the ditch to Page 5 of 28 Packet Pg. 738 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript try to come here. [00:4 2:04] It was so backed up. Now we're having an apartment complex coming in, we're having a medical center, we're having office space, we're having storage units. The streets can't handle that. How can you possible continue to put in more buildings and more people coming here when we can't handle what we have? Wayne Arnold: The simple answer to that is we're required to prepare a traffic analysis as part. Please, can we please civil. We're trying to record this meeting. Audience Member 1: [Inaudible — crosstalk] [00:12:521. Wayne Arnold: Sir. Sir. Can you please hold your comments. Please. So the answer is Jim Banks has prepared a traffic analysis to meet the county's standards. [00:13:01] Their professional engineers review that information. They look at the standards that we're required to do. Per the traffic analysis, there's capacity on the roadways. I know that you all don't see it that way in your neighborhood. But there is a comprehensive traffic analysis that's completed with each project and the county does weigh in that. They may have comments, or they may challenge it. But so far, they have not. So, thank you, though, appreciate that. Karen Fitzgerald: My name is Karen Fitzgerald and I'm at Bridge Water Bay. The traffic between coming out of the Baptist church and trying to go in and out of Bridge Water Bay at certain times of the day is next to impossible. This is supposed to be a small little two lane, three lane street. I don't know how we can do this. [00:14:00] I don't know if they're going to think about putting a traffic light there. It's so dangerous for people trying — because then people get so frustrated, they take chances. And there's already been a couple of accidents there. The thing that always gets me about analysis and theory, no one sits there and does it at 3:00, at 4:00, at 5:00 and actually understands the problems we're facing in every direction. I went this morning, I left my house at 10 of 7 to go over to Lorenzo Walker Technical for a rotary meeting. It took me close to six minutes just to cross to get into the right lane to get onto Livingston. And then, of course, you had to avoid traffic, everyone Page 6 of 28 Packet Pg. 739 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript going in that direction. It took me an extra 20 minutes to get to my destination. It's not possible to continue with the building that you are requesting. [00:4 5:01 ] Coco Heinrich: Hi, Coco Heinrich, Emerald Lake. That's a beautiful picture of the medical center. Could we also see what you have prepared for the self -storage unit and how many self -storage units are they going to be and how many stories is it going to be? Wayne Arnold: I, unfortunately, don't have a rendering of the proposed self - storage building. It also could be some car storage associated with it. But the maximum height was proposed at four stories on our site plan. Coco Heinrich: I'm talking about the storage unit. Also, the — Wayne Arnold: The storage is proposing four stories, 104,000 square feet. What the mix of numbers of units depends on the end user, how many small they want, larger units, locker sized units. That's not how the county looks at the intensity of the storage facility. [00:16:03] They look at the square footage. Coco Heinrich: So, in the rendering we saw of the medical center, is it going to take up the same length and depth, per say? Wayne Arnold: Hard to say. The plans we're working with are schematic plans. So, you can see the medical building or the office building that is depicted, the building that the rendering was, this building closer to Airport Road. The storage building and additional parking to the rear. And you can see self -storage is four stories. Coco Heinrich: And as a follow-up to that, you can tell I was a teacher, right. I don't need a microphone. As a follow-up to that, if all of these people, I'll call it, are going to be exiting back out to Airport - Pulling, and we know that there's no traffic light there, obviously that's not possible. [00:4 7:00] So, there has to then be some egress using the Italian American Club. Could you show us the information on how you're going to get all of these cars to be able to exit? Because they're not going to be able to do it onto Airport -Pulling without a traffic light at intersection. Page 7 of 28 Packet Pg. 740 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Wayne Arnold: The proposed access point on Airport Road is going to be a right in, right out only. It's not going to be a full intersection. The access out of Airport Road will be southbound. So, we are required under the comprehensive plan to provide interconnection with the Italian American Club, with ultimate access out onto Orange Blossom. That's the way the county has previously approved us. Audience Member 2: I don't need the microphone. Wayne Arnold: Sir, no, you don't. When I call on you — Audience Member 2: [Inaudible — crosstalk] [00:17:52] Wayne Arnold: Sir. Sir. I'm not going to take your comments. Audience Member 2: [Inaudible — crosstalk] [00:48:001 Wayne Arnold: Sir. No, sir. You're not called on. We're taking other people who have not had an opportunity. Audience Member 2: You haven't told them the whole story. You say storage, four story high. And some of the stories are 10,000 square feet. How big a truck will they need to bring storage in that will store 10,000 square feet? Big trucks, not small trucks. And they're going to be coming down Orange Blossom. Wayne Arnold: Sir, I'm going to ask you one more time, otherwise I'm going to ask you to leave the room. Ellen Milotte: My name is Ellen Milotte. I'm in Bridge Water Bay. I have been there since 2002. I have seen a lot of expansion around here. In one hearing I sat through for a long time was over Sienna Lakes. There were so many changes. [00:19:03] It started out as three stories. It went to four. The road was never corrected. The road was a mess. I don't care what your schematics say about the road development. It's still not right. The traffic is backed up, as this other lady has stated. You cannot add any more to this area and intersection because what we are dealing with. Now, I do know Orange Blossom is going to be widened at some point in time. But if I am correct, it doesn't happen for at least four years down the road. Correct me if somebody has that information. Page 8 of 28 Packet Pg. 741 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript But right now, between the school and Sienna Lakes with a road that is totally improper, never corrected with bumps, I have serious issues about what you want to do. [00:20:03] Because you're putting the cart before the horse and I don't think any more development should take place, as other people have stated. These hearings go on for a long time, folks. And most of them take place in the summertime when you are not here. So, I suggest you be very aware of what they try to change as time goes on. Mark Steinman: Hi, my name is Mark Steinman, I live in Mill Run. I see that one entrance to this point to this proposed complex is going to be south on Airport, right entrance only. But you have mentioned that there are going to be two exit points, they're going to go through where the Italian America Club is. And those exit points will be on to Orange Blossom. [00:21:01] Correct? Wayne Arnold: Ultimately. Mark Steinman: Ultimately. You're having two exits on a two-lane road and one entrance on a four -lane road. I know you're going to do a traffic study and I know the engineers are going to do whatever they do. But in my opinion, the only study you need to do is stick your head out the window and look at the traffic on that road every day from 3 p.m. to 6. Whether the county says that it can hold that traffic or not is kind of immaterial. Because what's happening is it's already clogged. But my question is would you explain more about how this exit and entrance off of Orange Blossom Road through the Italian American Club is going to work? Because that was confusing. [00:22:00] Wayne Arnold: The ultimate access through the Italian American Club is required today for whatever happens on this property. So, I don't know that it's going to be two access points on Orange Blossom. We have to provide two connection points into their property. So, whenever they ultimately decide what they're building, they may build one access point on Orange Blossom, they may build one on Airport Road. The comprehensive plan requires that interconnection be made for us. Page 9 of 28 Packet Pg. 742 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Audience Member 6: Why is it required? Rich Yovanovich: For the record, Rich Yovanovich. When the growth management plan was being adopted, I forget how many years ago, but it was many years ago, the county did not want the Italian American Club property to connect to Airport Road. They also wanted to make sure that the two properties worked together and had cross access. So, the county, when the growth management plan was adopted for this subject street, required shared access on Orange Blossom and shared access on Airport Road. [00:23:02] It was a county mandated requirement that they be interconnected. So, that's where the requirement came from. It came from the county while we were going through the process to adopt the subdistrict. Ira Flynn: My name's Ira Flynn and I live in Waldon Oaks on the other side of Airport. I guess my question would be since this is probably going to go through, we have a fairly good sized development going in just south of you that will be built probably at the same time. What consideration is done with the construction personnel, equipment, trucks, etc. with two major construction projects going on at the same time? [00:24:00] Wayne Arnold: I'm not sure we're on the same track as the other project you're referencing. They're both going through the process, but it doesn't mean they're both going to come out of the ground at the same time. Even if they are, we have to create construction access points. We have to do traffic MOTs is what it's called. It's maintenance of traffic. So, the county monitors that to make sure that we don't have extra impacts to the community or that it's conducted safely during construction. So, again, don't know that we're coming out of the ground the same time they are. Robert Young: I had a question on Zoom. Sharon Umpenhour: Can you we take a question on Zoom? Wayne Arnold: Sure. Robert Young: Dr. Robert Young, I live in Emarald Lakes. I had a question in reference to the company says it's medical. As a doe, I appreciate that. Page 10 of 28 Packet Pg. 743 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript [00:25:02] But you're doing twice as much room in self -storage than you are for medical. So, my question is, as we went from 75 to 179, that seems like a lot to be doing self -storage as a medical company. The other question I had, if you're going to have food and beverage in the building area, you're going to have extra parking for that. And I don't see anything on there. Last question, you have one egress onto Airport -Pulling. This plan isn't set in stone yet. Why can't you build a second exit onto Airport -Pulling, also? Like you're building the two into the back of the Italian Club. Over. Wayne Arnold: Okay. So, question for you regarding the uses, we've made provision for there to be general office and medical office. We have to provide parking for all those uses, ultimately whatever the Lutgert family comes forward with on a site plan. [00:26:00] So, once we know exactly the mix of uses and how many exact square feet we have, these are our maximums, then we will provide parking for that. So, every use will be accounted for for parking. With regard to access on Airport, Jim Banks, you can tell me, I don't know if we would qualify to get a second access point on Airport Road or not given the spacing, if that's going to be up to Collier County. Jim Banks: Wouldn't qualify. Jim Banks, for the record. To answer the question regarding the two access points on Airport -Pulling Road, we would not meet intersection separation standards, nor would it make any difference in the traffic patterns. Both access points will be right in, right out access onto Airport —Pulling Road. Therefore, the customers come in and out of the development would not see any convenience benefit to use a secondary access point. It would not achieve what you're asking, what you think it would achieve. [00:27:01] Audience Member 2: Please, I want to talk. Wayne Arnold: So, the other comment that was made regarding this was the self - storage question, the square footage. So, for self -storage, in the industry, they require very little support. I don't know if any of you all use self -storage facilities. But the usage for self -storage is very low on a daily basis for us who might rent space from them. So, the parking requirements are extremely low. It's like one parking space for 20,000 square feet for a storage facility compared to one per 300 square feet for an office. So, it's an exponential increase in Page 11 of 28 Packet Pg. 744 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript parking required because of the traffic impacts associated with office versus storage. So, the storage has very little impact on the traffic overall for the project. Robert Young: Thank you. That was the question I had. This is Robert Young following up to your response. I was just worried that like vehicles that would have to bring in the self -storage units, we all know those vehicles. [00:28:01] So, that's why I'm wondering if they couldn't request another access on Airport. Because there's no way that we can have five or six trucks in a day trying to go down Orange Blossom with the congestion already. Additionally, that same area that you guys are egressing out of the Italian Club is the same as the previous proposal. They're saying they're gong to do the same thing. It's only going to be emergency they have to exit that side. But I would say that the planning people there from Collier County should take note of the other property, which is a bit more south, they're also planning on going through egress of Carlisle. Rich Yovanovich: Can I correct that, please? Rich. For the record, Rich Yovanovich. We're supposed to make sure they know who's talking. That is not a correct statement with regard to the apartment project going through to Orange Blossom. There's no interconnection. If you were at the last — [00:29:00] We had a follow-up neighborhood information meeting. There is no interconnection for the apartment complex to Orange Blossom. The connection that currently exists for the Carlisle will remain. But the apartments will not be accessing through Orange Blossom. Wayne Arnold: Thank you for clarifying that, Rich. Robert Young: Right. There's no plan for that yet. Wayne Arnold: Thank you. Ted Scures: My name is Ted Scures (sp). I live Bridge Water Bay. Everyone spoke about Orange Blossom. And that is terrible. The turn, people coming, going west from Livingston and the Airport, all backed up. The morning — people talking about the afternoon. In the morning, it's unbelievable how many cars are backed up there because the school's in play and everything else going on. The other bigger problem is you guys are all coming out onto Airport. When they come out of Airport, they have to make a right. The Page 12 of 28 Packet Pg. 745 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript people that want to go the other direction, how are they turning around? Airport is a disaster. [00:30:00] As you go down south from here and you go towards the gas station, where do you turn? The whole area is a disaster. The traffic flow in the morning is unbelievable. Audience Member 2: Please, I want to talk just once. Wayne Arnold: Sir, wait your turn. Audience Member 2: [Inaudible — crosstalk] [00:30:23] Wayne Arnold: Sir, sit down. Sit down. Sit down. Sit down. Audience Member 2: [Inaudible — crosstalk]. Wayne Arnold: Sit down. Audience Member 2: You have to make a U-turn going to this project. Wayne Arnold: Sir. Please sit down. Sir. Please sit down and let somebody else speak. You're not helping the cause. Please sit. Audience Members: Sit down. Audience Member 2: Thank you all. [00:34 :001 Michael Herrera: Everyone in here is equal. You're not the most important person in this room. Audience Member 2: Nobody said that. Michael Herrera: Everyone in here is important. You're not the most important person in this room. [Inaudible — crosstalk]. Let them all speak and then we will come back to you. Everyone here is equal. Wayne Arnold: Who has the microphone? You're up. Roger Graham: I'm Roger Graham of Heron Point. What I think is obvious here is that, of course, overdevelopment of this area. The traffic planning has already proven to be very poor. The exits onto Orange Blossom that you suggest are right opposite the current offices and Page 13 of 28 Packet Pg. 746 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript library building that we're in. It's very poor, very poor traffic planning as everyone here seems to have accepted. I wonder about the height restrictions. I guess you're allowed to go up to four stories. [00:32:02] But it seems to me as though that is going to be the highest building around. And the density that you're suggesting, I think is excessive. I wonder one more thought, and that is the self -storage facility. What kind of changes are you imagining for that property in the maybe not too distant future? Audience Member 3: Did you want to respond, sir? Wayne Arnold: I'll come back to it. So, I think I got a question that was related to the self -storage and the other planning we're doing. [00:33:02] Yes, the last point on the self -storage, it's pretty common for these buildings, we've worked on numerous ones. Very in demand. Very low traffic volume associated with it. So, if you have been a user, like I have been, find myself at one of those buildings, I'd be the only person there for the 30 minutes or hour that I'm there. That's very common for almost everyone of them that you find. Michael's worked on several, as well. That is the case. The traffic, we get. You all live in it and there are traffic issues here. But part of that is going to rely on the county to be a part of the solution here.. Please, please. So, that is the answer. They're county roads. The county has standards that we have to abide by, as well. And that's exactly what we are trying to do. Understanding that you all don't like the traffic that you have today. But there is capacity, believe it or not, on these roadways, and that's what we're analyzing. [00:34:00] Peter Messing: I'm Peter Messing, I'm in Bridge Water Bay. I've been here 16 years. I'm confused about a few things. Maybe you know and I don't. Has this project been approved? Crowd: No. Peter Messing: This project hasn't been approved? And in airing our grievances to these gentleman, where does it go from there? As I understand, you folks represent the people who are building this. Page 14 of 28 Packet Pg. 747 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Wayne Arnold: Yes sire, That's why we're here. Peter Messing: That's why you're — you're here because you're required to be here. Expressing all of this to you sounds like the wrong forum. Shouldn't we be expressing this to the County [inaudible — crosstalk] [00:34:52]. Audience Member: The county will hear this. Only if you talk into the microphone, they will hear it. Peter Messing: That's what I wanted to know. So, I wanted to express one personal thing on my part. [00:35:02] I've been here 16 years. For many, many years I didn't have any trouble when I went out bicycle riding crossing Airport —Pulling Road. Now my wife and myself take our lives in our hands every single time we cross that road. I'll tell you why. People aren't paying attention. There's too much traffic. They want to get to work early in the morning. And I'm waving at them, even though I have the right of way because we had the pedestrian crossing lights going. The pedestrian crossing light, it changes from into a person to a red hand. I was yelled at by drivers telling me, "Don't you see the red hand? You're not supposed to be crossing now." I say, "No, that's telling me I've got 28 seconds left in order to cross." The drivers at this moment don't understand it. So, putting even more traffic in the way, putting us in danger. Wayne Arnold: Thank you. [00:36:02] Bill Foster: Thank you. I'm Bill Foster and I'm in Mill Run. Looking at your diagram that you have on the screen at the moment, I from here cannot count all the parking spots there. But if this is a medical building and an office building, that would suggest to me that cars would be coming and going all day long, in and out. There would be, basically a — the employees would come in and park for the day. But others would be coming in and out. Caf6 in and out all day long. Do you have a realistic estimate of how many cars, traffic, would be going in and out of that entrance so we can get some kind of an idea. Because we have next door, south of you, up to 700 cars coming in and out of that street with the next project. Yesterday, I was in a traffic jam on Orange Blossom. Page 15 of 28 Packet Pg. 748 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript [00:37:02] It was bumper to bumper from Stone Gate entrance all the way down to Airport -Pulling. That was a lot of a traffic for us. So we are not happy about more traffic. So, do you have any answers for that? Thank you. Jim Banks: For the record, Jim Banks again. The project is estimated to generate 318 two-way p.m. peak hour trips. The project is estimated to generate 318 two-way p.m. peak hour trips. [00:38:03] So, during the p.m. peak hours, between the hours of 4 and 6 p.m., this site is expected to generate 318 total entry and exiting trips. That is our project. Wayne Arnold: Just so you know — This is Wayne Arnold again. The county requires us to establish a trip cap number of the — a trip cap number as part of our PUD. So, that number that Jim cited is a number that the county would codify and they would measure our traffic against that as we complete different phases. Kendra Hearns: I'm Kendra Hearns, I live in Herron Point and have been there for 20 years. Orange Blossom is a residential road. There are school bus stops. There are young children getting on and off the school busses and crossing the street. There are parents with strollers. [00:39:01] Adults and children on bikes, skateboards, walking. I walk my dog every day along there. And again, like the other gentleman, I risk my life trying to cross the road. The county needs to first address and solve the traffic issues. There needs to be a new intersection there so that people can turn left. You can guarantee that at least half of those 300 and some cars are going to go out to Orange Blossom so that they can either go straight across Airport or make a left, instead of being forced to go right and make a U-turn. There needs to be pedestrian crossings added to Orange Blossom so that children and adults can safely cross the road. Because there are too many cars on Orange Blossom right now. And there needs to be other ways of addressing the thru-traffic that's coming through there to go to those businesses on Airport from Goodlette-Frank. [00:40:04] And it sounds like from the other end, Livingston to Airport. There has to be other ways to prevent all of that thru-traffic going through our residential neighborhoods because the noise, the risk, it's destroying these residential neighborhoods. You're turning Orange Blossom into a business throughway and it's destroying our neighborhoods. . Page 16 of 28 Packet Pg. 749 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Bruce McLaren: My name is Bruce McLaren. I live in Waldon Oaks. In Waldon Oaks, the traffic coming out of Waldon Oaks can only make a right turn and go north on Airport. For me to get into my community, if I'm coming from your community or anywhere, going south, I make a left turn. [00:41:03 ] So, that left turn lane is going to back up all the way to the traffic light. It looks like the planning for that is not going to work for me or the 365 people that live in my community. They're going to have a much more difficult time to get into their community, get out. The only exit we have is Airport Road. The only way we can go on Airport Road is turn right. We have the option of then going down, loop around and come south or go north. When you come out of your community or this development, you're going to come out — they can't go north. They got to go south. And they got to turn around and go north. All that's going to be in front of my community. I'm not going to be able to get out. [00:42:001 Robert Lechner: Robert Lechner, I'm a resident at Monterey. I think we all need to remember this is a neighborhood information meeting. This is for us to get information about this project and not to complain to them because we can complain to them, they want to do what they want to do. And us telling them we're not happy about isn't going to change what they want to do. They can hear us. And yes, talking into the microphone, the county is going to get a transcript of this. But they're only going to hear our recorded voices. If we really want to make a difference, I think our focus needs to be to be at those hearings where we can talk to the county directly and voice our concerns. If we don't understand something about this project, something doesn't make sense to us, we can ask them questions. [00:43:001 But complaining to them that we don't like it isn't going to change what they want to do. We just want to understand what is it they want to do so then we can voice our concerns to the county. Is that correct the way this process works? Wayne Arnold: Correct. Robert Lechner: So, I think we're all asking the right questions. But we don't need to focus and vent our anger at them. They are here to answer our questions and let's let them do that. Wayne Arnold: Thank you. Page 17 of 28 Packet Pg. 750 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Bob Rosenbloom: I'm Bob Rosenbloom. I lived in Stone Gate for 10 years and I'm part of the Orange Blossom Alliance trying to protect our environment and neighborhoods. Here's a little bit of what's coming at those various meetings where we're going to talk to staff from the county. We learned a lot, I think, together about this process and what goes on. [00:44:051 Looking at the recent project for the 336 apartments. If you look at the traffic studies, we have people who are honest and have good intent do these projects. But the process and the calculations have been honed over a 40 year period by folks who are oriented towards development to yield an answer in almost every case having looked at this last one, not this one yet, that's pro development. That's why we can't get around. So, we have a fundamental structural problem, which is that the commissioners, whom we need to talk to, have felt fine about traffic study process that yields an answer that populates Naples into the oblivion. [00:45:10] If you don't mind, I'm just getting started. If you look at this stretch of Airport —Pulling down to Pine Ridge, that has the third highest accident rate of any stretch of road in Collier County before these two projects that are being contemplated. If you look at this medical center, you talked about 300 and some odd cars going out in the peak. Now, that's two hours out of probably a 10- hour day for that facility. So, if you wrap that up and figure maybe half of that rate is coming in and out for the rest of the day, that's a thousand two-way trips a day. [00:46:03] That's on top of the 6 or 700 two-way trips that were calculated for the other. So, when I said three months ago that that project was a tipping point, here it is, again. And we've got two other corners that haven't even been talked about yet. This is just crazy. I'll pass it along. Wayne Arnold: Thank you. Audience Member 4: Hi and thank you for your information. I really want to endorse what the gentleman said before that this is to inform us and not to vent all of our frustrations, when it has to really be with our planning commission and our commissioners. [00:47:03] So, save your energy. But I do have a question. One is to you and that is you indicated that it is zoned or committed for 50 feet and you got permission for 60. Could you talk us through the rational Page 18 of 28 Packet Pg. 751 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript for going above what was stipulated? And then maybe we can hear from the county as to whether that traffic study is a done deal or there might be a second look. Wayne Arnold: So, with regard to the height, the county makes us establish something called a zoned height and an actual height. We've proposed a zoned height of 50 feet, which is essentially from the flood elevation requirement to a mid -point of the building. That's the zoned height. And then Mr. Yovanovich over here is going to phrase the actual height, that the county has adopted that mission that's based from the center line of the road nearest you to the very tippy top of any part of the building. [00:48:03] So, that number, 60 feet, that we proposed. It is something we're proposing that allows us to get modern four-story buildings in that area. Audience Member 4: Can you just indicate whether — I don't know how to ask this diplomatically, but from a business proposition view, is that a deal breaker? Wayne Arnold: So the question is is that a deal breaker, if anybody didn't hear that comment. The question is, it's a number that we feel very comfortable that we need to make the project work. We think it's compatible. There are other buildings around it in the three-story range, 50 feet is not an uncommon number for the urban area of Collier County, especially at an area that's already designated for commercial. Susan Bailey: Good evening, my name is Susan Bailey. I live in Mill Run. Since this is an information session, I'm really curious. [00:49:03] I am in healthcare, Certificate of [Inaudible] [00:49:071 in the state of Florida. How do you determine usage for this space? How do you determine that should be a medical office building and a storage unit? Do you have studies you can site for us? Wayne Arnold: So, part of the comprehensive plan process that we have to do is a market demand analysis for the project. The Lutgert family hired professional appraiser to go look at the market and determine whether or not there was a demand for what we're asking for. And the answer came back yes, there is. I think most of you have been around long enough to recognize the Lutgert name. They've been involved in high quality development in southwest Florida for over 50 years now, roughly, I guess. So, they know development, they Page 19 of 28 Packet Pg. 752 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript know the market. They live here, they're local. So, I think that from my perspective, having them as a client, is something I feel very good about because I know that they're doing high quality development. [00:50:03] So, we know in this market, believe it or not, medical is underserved. We're not proposing a hospital. But we are proposing medical offices as well as general offices. So you might find your insurance agent there in the future. You might find a doctor there. But those are uses that we all need and that we all use and that there's a growing demand for those as more people move to our area. Audience Member 5: Good evening. I'm from Herring Point. One of the suggestions that was made earlier, and I don't believe all of you have heard the suggestion, is that the vehicle count is standard. [00:51:00] But they're in their offices. They don't see what they see. So the suggestion is to take a picture, but not necessarily rush hour, because when you take a picture the time and place can be on there. Make sure it's not during rush hour. Let people understand that it is an issue for Orange Blossom and Airport Road. We do not want Immokalee Road near the expressway. And that's what's happening. That was, I'm sure unintentional. Everybody wants to live closer to their amenities. But we need to let our leaders know what it is in a very normal, factual manner. Thank you. [00:52:001 Vicky Caball: My name's Vicky Caball (sp). I am from [Inaudible] [00:52:121 My question is when exactly are you planning to do your traffic analysis? Which months? Jim Banks: Again, Jim Banks for the record. We've prepared a preliminary study which we submitted to Collier County for their staff to review. They have their own inhouse transportation engineers that review our report. We've got a few comments back from staff. We're in the process of updating that report based upon their comments. I do expect a final report to be on file with Collier County within the next 30 to 60 days. [00:53:00] Vicky Caball: Which months? Page 20 of 28 Packet Pg. 753 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Jim Banks: So, the traffic study, Mr. Yovanovich asked me to explain a little bit about the traffic report. Collier County government collects traffic counts on our roads throughout the year. They use that data to come up with what they call seasonal conditions. It's not the highest day of the year, but it's an average seasonal peak demand scenario that they determine how much traffic is on our roads. So, the applicant, the Lutgerts, hired me. I represent myself as part of the applicant. We don't compile this data. Collier County government compiles this data. It's published by them. And then we take that information, and then we use their information to — because they count all the roads in Collier County. [00:54:00] We need to consolidate it to the roads that our project is going to impact. And in this case, we looked at Orange Blossom Road as well as Airport Road and a few others in the surrounding area that our project will use for to support the traffic coming in and out of the project. So, that is how the report is compiled. Again, it's based on seasonal traffic conditions. And then based upon the published data provided by Collier County government. Again, I expect the report to be finalized within the next 30 to 60 days. You're able to access that information on Collier County's website. And you can get a copy of that report. And I think we'll have in our — yeah. There'll be two ways, which Wayne will bring up shortly of how to access that report. [00:55:00] Jennifer Palmer: Hi, Jennifer Palmer for the record. Thank you for the information and for coming out tonight. I'm sorry that you only have one microphone. I know it's quite a hassle. It's kind of an embarrassment, too, that the library doesn't have more for us to use. This library is awesome. I walk here with my kids at least once a week. What I want to talk about tonight is community character and design, because that's part of the growth management plan. From what we know as residents of Orange Blossom, it's very much a residential street. It's a neighborhood community. We walk to the library, we ride our bikes on Orange Blossom. [00:56:01 ] Just the thought of a four-story self -storage, we've known about the medical. That's been known. We're aware of that. But this four-story self -storage just doesn't seem like it goes with the character and design of our area. Thank you. Page 21 of 28 Packet Pg. 754 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Karen Fitzgerald: Hi, it's Karen Fitzgerald again from Bridge Water Bay. All the analysis — first thank you for helping us beginning to understand this. I used to live in Connecticut. I retired from Yale. I look at all the academia schemes and schematics. And half of them don't work in practical life. We had a situation that frustrated the hell out of me. I contacted the traffic in New Haven. Every day, I wrote letters, emails. They didn't want — they had to take my calls, but they didn't want to take my calls. I finally convinced this man to let me do a ride along, to do a ride along with me. "Oh, I don't need to do. The traffic says this, there's a car this every two minutes." [00:57:00] I said, you just need to synch four traffic lights, and everything would go smoothly. I was right. It's nice to be right every once in a while. But the fight, you have to be willing to fight. We know development's going to take place. I agree the storage is a horrible idea. Horrible. The medical traffic is a constant in and out. It's not just a certain hour. People start getting appointments 8:00 in the morning. They're in and out, constant flow. Airport can't take anymore entrances onto it. The flow right now is all backed up. And I propose that maybe when it comes to talk to the county, that where I live at Bridge Water and with the school and church across the street with people trying to ride their bikes, do their walking, that a traffic light be installed there. [00:58:02] It would deter people from using that street. They don't go 30 miles an hour. It's rare. I mean, if I set my car's cruise on at 30, you'd think I was the worst old lady driving. So, there's a lot of factors here. And I know you want development, but we can't handle it. Audience Member 2: Thank you all. And I apologize if I got anybody upset. But I have one other statement to make. You should all agree with me, and I'm sure you will. Every morning, I walk out of my development, which is out of Orange Blossom. I walk down Orange Blossom past the motor vehicle, past the library, make a left on Airport. [00:59:06] But every morning, I notice the backup of cars on Orange Blossom going back, I'd say, at least half a mile. Now, a lot of them get up to the point that they make a quick right-hand turn if they get close enough to Airport. Now, what's been happening is some cars are making a U-turn on Airport and conflicting with the guy trying to make a right-hand turn. They're making a U-turn to go to the apartments further down the road. Picture that with a truck coming Page 22 of 28 Packet Pg. 755 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript off Airport making a left-hand turn, and there's no way for him to get in on that secondary entrance. He has to make a U-turn. A big truck has to make a U-turn. [01:00:00] What I'm getting at is you're looking for an accident to happen. That's all I'm going to say. Good night. Wayne Arnold: Michael, the gentleman in the back has his hands up. He hasn't spoken yet. Audience Member 6: My names [Inaudible] [01:00:221 and I live in Monterey. I'd like to talk about the measurements of the traffic. The gentleman just mentioned that the county does the measurement throughout the year. But if I remember, last time they provided the measurement was during the pandemic. Is that supposed to help who? County or the people who live here? It was measured in the summer, but during the pandemic. Because that was the day that you guys placed on the other project with the apartments. [01:01:01] Wayne Arnold: We'll respond to that. Jim Banks: Again for the record, Jim Banks. The county collects data all year long because it's information they can use in house to make certain determinations. But, what they also publish is the seasonal average conditions. That's what we know as the season when the snow birds are down here and that type of thing, during the peak periods. That is what we base the traffic study on, is we're required to use that peak seasonal data with the traffic study. Just because they're counting the traffic in the summer, we're not using that information. That's simply for the county's in-house use. We don't use that information? Audience Member 6: What year? Jim Banks: Oh, what year? They count the traffic every year. Every year, they collect data on — Rich Yovanovich: It's not pandemic data, right? [01:02:00] Jim Banks: Oh, no. As a matter of fact, the year we had the pandemic, we actually had to use the year before and forecast, which we're Page 23 of 28 Packet Pg. 756 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript beyond that now. They're collecting current data. Audience Member 6: I was actually on this meeting with you guys talking about the apartment building, you guys said that you guys used the data on the specific month, but during the pandemic. Nobody said anything about measuring throughout the year. Wayne Arnold: Sir, different project. Mr. Banks was not the traffic engineer of that project. So, it wasn't his data. I think he did a good job describing what the county does. They have permanent count stations on many of our roads, so they're collecting data all the time. Audience Member 7: Thank you. I live in Stone Gate. Everybody discussing traffic and everything, it's very simple to look. [01:03:01] If you look two weekends before when the Collier County allowed to do the seafood festival and Greek Festival held on the same day. How many people drove through that intersection? [Inaudible] and go through the wood control? Nobody wants to go there. And everybody was avoiding that intersection. This is exactly what's going to happen because with that type of facility, what's going to come? Affordable housing? Because nobody wants to come here. There are no abilities to pay. That will be the next project, right away, staffing into that medical. I work in a medical office. We try to find employees. There is no way to find anybody. People don't want to come here because there is no affordable housing. That will come next. And that's why when you allow that, this affordable will be the next thing proposed. Right away, that apartment building. Wayne Arnold: Thank you. I think we've got the message, traffic's an issue. Does anybody have a non -traffic comment? [01:04:00] We're going to try to wrap up the meeting in just a few minutes. Audience Member 8: When you're speaking we will all have to make right-hand turns, that's very obvious. I assume you are aware of the proposed Haven community that will also all have to be making right-hand turns. It's basically the same exit or very close. They have told us that they will be setting up some kind of berm or something so the people exiting cannot take the first U-turn. All that traffic, as well as yours, will have to go to the second U-turn, which I think comes out at Walden Oaks, maybe. So, the school buses, everything, half of all that traffic will certainly be going north. Page 24 of 28 Packet Pg. 757 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript So, you take 600 cars. Of them, half of it's 300 going and coming. And then all of yours, all making the same right turn. Half of them going to the second turn on Airport. Then they'll all come to Orange Blossom. [01:05:00] Again, half of them will be wanting to go east or west. It's already a nightmare. It will become a living nightmare. Karen Fitzgerald: Can I ask one more thing? Wayne Arnold: This gentleman's had his hand up for quite a while. Mark Steinman: For the record, Mark Steinman again. I'm just curious, given the fact that Orange Blossom is already crowded and given the fact that Airport is already crowded, why of all the places in Collier County, do you want to put this facility in this particular location? Wayne Arnold: The simple answer is the Lutgerts understand the demand for the product that we're pursuing. There's good demand. You have a large supply of residences in the vicinity that can service the needs of the doctors or other offices that are proposed here. [01:06:031 It makes sense. It's on a six -lane road, Airport Road, high visibility. So, there are many reasons and the market study that they've had prepared supports that. I do want to ask, we have a few Zoom participants, and I don't want to forget them. I know we had one person. Sharon, do we want to see if anybody wants to ask questions since we're kind of wrapping up here. So anybody on Zoom, could you unmute and go ahead and ask your question if you have one. If not, we'll go back to the audience here for a couple more questions. Anybody unmute? Sharon Umpenhour: Yeah, Dottie Donnelly-Brienza has a question. Go ahead, Dottie. Wayne Arnold: If you'll unmute, go ahead and speak, Dottie. Dottie Brienza: Hi, thanks. I've been here for 24 years. In addition to the incredible increase in traffic, there's also been a real increase in light and noise pollution. [01:07:03] So, my question is what is the lighting that is planned for this plot of land, including spotlights and outdoor tall lights and short lights and how many lights and what wattage? Because I live in Emerald Lake, which is right across the street. It's a small community and it Page 25 of 28 Packet Pg. 758 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript used to be a nice quiet community. With the increased traffic and the increased light and noise pollution, we might as well now be in downtown Miami, which is happening all over Naples. I'd like to understand the lighting. Wayne Arnold: Okay. Unfortunately, we're not quite that far along in the design for the project to understand what the lighting is going to be for the project. The county does have lighting standards. They're different at our access points than they are for the balance of it. I will say that for the uses that we're principally proposing here that are office and medical, the lighting in the evening is going to be pretty much limited to parking lot lighting and some other building security type lighting. [01:08:03 ] But, unfortunately, we're not there yet with design for that. That comes along once we would know exactly how the buildings are going to be arranged and what the end uses are going to be. Thank you for your questions. Dottie Ransa: And I have a follow-up question, if I might. I'd like to know what the protocol is for the county elected officials who serve the public, what the protocols are for those elected officials to actually listen to the public when so many people come out to forums like this repeatedly against building and against over building that repeatedly happens throughout the county. What is the process? Aside for waiting for the next election to vote every single person out of office. Because the public is speaking but it doesn't seem like we're being heard throughout the county. I'd like to understand what the process is . [01:09:001 Wayne Arnold: From a process standpoint, this has to go before the Collier County Planning Commission. They make a recommendation to the Board of County Commissioners. Staff analyzes the application. There are a number of criteria in the land development code we have to meet. Once we're deemed consistent with all of those, that indicates that we should have approval. They check the traffic. If it's okay, they check the box. Do they deem it's compatible? Maybe they do, maybe they don't. Is four stories too tall? That's something staff hasn't weighed in. We don't think it's incompatible. They didn't mention it the first time through. So, those are factors that they have. I think that, Rich, I don't know, 18 or 23 of those that we have to be found consistent with Page 26 of 28 Packet Pg. 759 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript before they should recommend approval of the project. And then the County Commission deals with staff recommendation and the recommendations of their planning commission. There's a give and take process. We encourage you, if you didn't take a picture, I know that the audience is dwindling, but the information will be to you for the Planning Commission and the Board of County Commission when those hearings are scheduled. [01:10:031 Yes, ma'am, Last questions? Audience Member 9: I find it interesting you're talking about the marketing study. Who says that that's the highest and best use of that property? I really wonder about that because self -storage does not fit into the realm of a residential area. It just does not. What they're basing their information on is how they can spend — how they can get the most out of that property of what they're paying for it. That's what it comes down to. And the county is going to do the same thing. They're going to cow tow to where the investors are coming into play to build this. We as residents, knowing and having been through the Sienna Lakes project, we have so little say when we had petitions many times and vocal meetings. [01:11:08] And guess what, we were not heard. We were not heard. And I will say the road study done there was a fiasco. What is going to improve? Because once the road is looked at, it's going to change because these people come in, they do their road study. They go on to another job. And then everybody else is picking up the pieces. And I really think that you have to do far more research. And the Lutgert Company better think about listening to us as residents on this end of town because it's not correct. Wayne Arnold: Thank you. One last question. Karen Fitzgerald: Just a thought. Not so much with this particular project, because people won't be living there. [01:12:011 But with all the residential areas being built, what about hurricane? We don't even have an evacuation route anymore. They're so congested. How do we get out of here if we have to? Just something to think about after living through Ian. And with all the computers, in my experience, I'm 78 years old, I've lived a little bit, does anybody ever do any practical work? Do they go out and use these roads at 2:00 and 4:00 and 5:00 and try and get around and look at their study and see if they match. Put all the practical work. Page 27 of 28 Packet Pg. 760 9.A.4.c PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD Rezone March 1, 2023 NIM Transcript Wayne Arnold: Thank you, everybody. Appreciate all the feedback. We appreciate that. Stay tuned. We've given you our contact information. I hope you stay involved. Thank you. Good night. [End of Audio] Duration: 73 minutes Page 28 of 28 Packet Pg. 761 9.A.4.d Lutgert Airport Road CPUD (PL20220000533) Application and Supporting Documents June 11, 2023 CCPC Hearing 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.c( Packet Pg. 762 GradyMinor 9.A.4.d Civil Engineers • Land Surveyors • Planners • Landscape Architects November 1, 2022 Ms. Nancy Gundlach, AICP Collier County Growth Management Department Zoning Division - Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Lutgert Airport Road CPUD (PL20220000533), Submittal 1 Dear Ms. Gundlach: An Application for Public Hearing for a PUD Rezone (PUDZ) is being filed electronically for review. The subject property is 5+/- acres in size and is located on the west side of Airport Road North, approximately 320+/- feet south of Orange Blossom Drive. The subject 5+/- acre property is located within the Orange Blossom/Airport Crossroads Commercial Subdistrict on the Future Land Use Map. This Subdistrict permits this 5-acre tract to have up to 40,000 square feet of gross leasable area for a variety of commercial uses such as general and medical offices, personal services, financial institutions and an assisted living facility. A companion small-scale comprehensive plan amendment has been filed to amend the Subdistrict to increase the permitted square footage and allowable uses on the site to include up to 75,000 square feet of the commercial uses presently permitted and to add up to 104,000 square feet for indoor self - storage, and/or indoor automobile storage, and incidental retail uses. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing for PUD Rezone 3. Evaluation Criteria 4. Pre-app Notes 5. Affidavit of Authorization 6. Property Ownership Disclosure Form 7. Covenant of Unified Control 8. Addressing Checklist Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph. 239-947-1144 • Fax. 239-947-0375 EB 0005151 • LB 0005151 • LC 26000266 www.gradvminor.com Packet Pg. 763 Ms. Nancy Gundlach, A/CP RE: Lutgert Medical Center CPUD (PL20220000533), Submittal 1 November 1, 2022 Page 2 of 2 9. Warranty Deed(s) 10. Boundary Survey 11. Aerial Photograph 12. Statement of Utility Provisions 13. Environmental Data 14. Traffic Impact Statement 15. Proposed GMPA Revisions 16. Completed Exhibit A - F Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Lutgert Medical Center, LLC Richard D. Yovanovich, Esq. GradyMinor File (LCARS-21) 9.A.4.d a Packet Pg. 764 COAT County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD of PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑■ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Lutgert Medical Center, LLC Name of Applicant if different than owner: Address: 4850 Tamiami Trail North, Suite 200 City: Naples Telephone: 239-261-610 Cell: E-Mail Address: Howard@Iutgert.com Name of Agent: D. Wayne Arnold, AICP Firm: Q, Grady Minor & Associates, P.A Address: 3800 Via Del Rey Telephone: 239-947-1144 State: FL ZIP: 34103 Fax: / Richard D. Yovanovich, Esq. / Coleman, Yovanovich & Koester, P.A City: Bonita Springs state: FL ZIP: 34134 Cell: Fax: E-Mail Address: warnold@gradyminor.com / rovanovich@cyklawfirm.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. March 4, 2020 Page 1 of 11 Packet Pg. 765 9.A.4.d COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: A, Agricultural Zoning district(s) to the Lutgert Airport Road CPUD zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Medical Offices Original PUD Name: N.A. Ordinance No.: N.A. PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 25 Lot: N.A- Block: N.A. Subdivision: N.A. Metes & Bounds Description: See Boundary Survey included with submittal 1 Plat Book: N.A. Page #: N.A. Property I.D. Number: 00238000005 Size of Property: 660 _ ft. x 330 ft = 217,800 Total Sq. Ft. Acres: 5+/- Address/ General Location of Subject Property: West side of Airport Road North approximately 320+/- feet south of Orange Blossom Drive. PUD District (refer to LDC subsection 2.03.06 Q ❑■ Commercial ❑ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial March 4, 2020 Page 2 of 11 Packet Pg. 766 COAT County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N Italian American Club CPUD Italian American Club S A, Agricultural Assisted Living Facility E ROW, Longview Center PUD Airport Road, Plant Nursery W A, Agricultural Assisted Living Facility If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: N.A. / N.A. / N.A. Lot: N.A. Block: N.A. Subdivision: N.A. Plat Book: N.A Page #: N.A. Property I.D. Number: N.A. Metes & Bounds Description: N.A. ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/]ndex.aspx?page=774. Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: w Q Name of Homeowner Association: c E Mailing Address: City: State: ZIP: r r Q Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: March 4, 2020 Page 3 of 11 Packet Pg. 767 9.A.4.d Co*er Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. March 4, 2020 Page 4 of 11 Packet Pg. 768 COAT County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? NO Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E, of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. March 4, 2020 Page 5 of 11 Packet Pg. 769 9.A.4.d COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Lutgert Medical Center, LLC Address: 4850 Tamiami Trail North, Suite 200 City: Naples Telephone: Cell: E-Mail Address: Howard@Iutgert.com Address of Subject Property (If available): N.A. City: State: ZIP: ROPERTY INFORMATION Section/Township/Range: ± 4/ 25 Lot: N.A. Block: N.A. Subdivision: N.A. State: FL Fax: ZIP: 34103 Metes & Bounds Description: See Boundary Survey included with submittal 1 Plat Book: N.A. Page #: N.A. Property I.D. Number: 00238000005 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ 75,000 square feet of retail/office and service uses and up to 104,000 square feet of indoor self and auto storage. Total Population to be Served: Peak and Average Daily Demands: A. Water -Peak: Average Daily: B. Sewer -Peak: Average Daily: If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 2024 March 4, 2020 Page 6 of 11 Packet Pg. 770 9.A.4.d COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N.A. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N.A. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. March 4, 2020 Page 7 of 11 Packet Pg. 771 Co*er Count y 9.A.4.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for planned unit development ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Printed Name STATE OF FLORIDA COUNTY OF COLLIER Owner Printed Name The foregoing instrument was acknowleged before me by means of ❑physical presence or❑online notarization this day of , 20_, by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box: ❑Are personally known to me ❑Has produced a current drivers license ❑Has produced as identification. Notary Seal Notary Signature: March 4, 2020 Page 8 of 11 Packet Pg. 772 COAT County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountvfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 0 ❑ Affidavit of Authorization, signed and notarized 1 ❑ Property Ownership Disclosure Form 1 ❑ Notarized and completed Covenant of Unified Control 1 ❑ Completed Addressing Checklist 1 ❑ Warranty Deed(s) 1 0 ❑ List Identifying Owner and all parties of corporation 1 ❑ 0 Signed and sealed Boundary Survey 1 ❑ ❑ Architectural Rendering of proposed structures 1 ❑ X❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 x❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 0 ❑ Historical Survey 1 ❑ 0 School Impact Analysis Application, if applicable 1 ❑ 0 Electronic copy of all required documents 1 x❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ x❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Packet Pg. 773 CoAr County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ 0 Revised PUD document with changes crossed thru & underlined 1 ❑ 0 Copy of Official Interpretation and/or Zoning Verification 1 ❑ 0 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: El School District (Residential Components): Amy Lockheart El conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: ASSOCIATED FEES FOR APPLICATION Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 774 Co*er Count y 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5' and subsequent re -submittal will be accessed at 20% of the original fee August 29, 2022 Signature of Petitioner or Agent Date D. Wayne Arnold, AICP Printed named of signing party March 4, 2020 Page 11 of 11 Packet Pg. 775 9.A.4.d Lutgert Airport Road CPUD (PL20220000533) Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. Provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. The subject 5+/- acre property is located within the Orange Blossom/Airport Crossroads Commercial Subdistrict on the Future Land Use Map. This Subdistrict permits this 5-acre tract to have up to 40,000 square feet of gross leasable area for a variety of commercial uses such as general and medical offices, personal services, financial institutions, and an assisted living facility. A companion small-scale comprehensive plan amendment has been filed to amend the Subdistrict to increase the permitted square footage and allowable uses on the site to include up to 75,000 square feet of the commercial uses presently permitted and to add up to 104,000 square feet for indoor self -storage, and/or indoor automobile storage, and incidental retail uses. The current zoning of the property is A, Agriculture; therefore, the property is proposed to be rezoned to a commercial PUD to develop the proposed commercial uses. The PUD zoning application (Lutgert Airport Road Commercial PUD) identifies the specific permitted uses for the property, and the accompanying conceptual PUD master plan identifies the proposed development areas and access points to the property. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The property has been previously cleared and contains only scattered pine and palm trees. The site will need to be filled to be at comparable elevations as the surrounding properties. Water and sewer service is available within the Airport -Pulling Road ROW and available capacities exist to service the increase in commercial square footage. The surface water management system will be permitted through the SFWMD and the discharge is anticipated to be into the swale within the Airport -Pulling Road ROW. A traffic impact analysis has been prepared and concludes that there is available roadway capacity to accommodate the proposed commercial uses. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the countyattorney. October28, 2022 W Gradyh inor Evaluation Criterio.docx Page 1 of 7 Civil ISnginccrs • 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. 776 9.A.4.d The applicant is the owner of the subject property. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) Future Land Use Element: The property is located within the Airport/Orange Blossom Crossroads Commercial Subdistrict on the Future Land Use Map. The Subdistrict currently permits up to 40,000 square feet of commercial uses on this property; however, a companion small-scale Growth Management Plan amendment application has been filed in order to permit the proposed intensity of commercial uses that are proposed in the PUD. Policy 5.6 requires new developments to be compatible with and complementary to the surrounding land uses. The proposed commercial uses which consist primarily of general and medical offices, and business service uses which are not dissimilar or incompatible with the nearby non-residential uses or the assisted living facility located to the south and east of the property. The location is well -suited for general and office development and will complement the growing population in Collier County by providing needed services as evidenced by the market demand analysis that is included with the companion small-scale growth management plan amendment. Policies 5.5 and 5.7 discourages urban sprawl by encouraging new development in the Urban designated areas and where public facilities and services exist. The subject property is within the Urban designated area and is more specifically within a Commercial Subdistrict which authorizes commercial development. Urban services are available to serve the proposed uses. Policies 6.2, 6.3 and 6.4 establish Transportation Concurrency Management Areas (TCMAs), which encourage new residential and commercial development and infill development. Objective 7 and implementing policies 7.1 through 7.4, encourage smart growth policies by promoting connectivity between developments. The PUD master plan identifies both vehicular and pedestrian interconnections to the adjacent property to the north. No interconnection is possible to the south and east as the property is developed as a gated assisted living facility and no interconnection is physically possible. Transportation Element: Policy 1.3 requires that acceptable levels of service for arterial and collector roadways shall be maintained. The Traffic Impact Analysis prepared in support of this application demonstrates that available capacity exists on the surrounding collector and arterial roadways. October 28, 2022 Evaluation Criteria. docx Page 2 of 7 Packet Pg. 777 9.A.4.d Conservation and Coastal Management Element: Policy 6.1.1 establishes native vegetation preservation standards for the County. This property contains minimal pine and palm trees and has no native habitat or vegetative communities; therefore, no preservation area has been established within the PUD. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed uses within the PUD are consistent with those uses presently permitted in the Orange Blossom/Airport Crossroads Commercial Subdistrict. The PUD includes buffers in accordance with the LDC, which will be sufficient buffering from the adjacent assisted living facility and commercial PUD. Development standards have also been established which will insure compatibility with the surrounding land uses. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The PUD specifies that a minimum of 30% of the site will be open space as required in 4.02.01 of the LDC. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Adequate infrastructure must be in place to support future development on the site. There are no known capacity issues that will impact this project. g. The ability of the subject property and of surrounding areas to accommodate expansion The CPUD is surrounded by zoned and developed land. Expansion of the PUD boundary is not proposed. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. No deviations from the LDC have been requested for this PUD; therefore, it will be developed in compliance with all required codes. 10.02.08 - Requirements for Amendments to the Official Zoning Atlas October 28, 2022 Evaluation Criteria. docx Page 3 of 7 Packet Pg. 778 9.A.4.d Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. Future Land Use Element: The property is located within the Airport/Orange Blossom Crossroads Commercial Subdistrict on the Future Land Use Map. The Subdistrict currently permits up to 40,000 square feet of commercial uses on this property; however, a companion small-scale Growth Management Plan amendment application has been filed in order to permit the proposed intensity of commercial uses that are proposed in the PUD. Policy 5.6 requires new developments to be compatible with and complementary to the surrounding land uses. The proposed commercial uses which consist primarily of general and medical offices, and business service uses which are not dissimilar or incompatible with the nearby non-residential uses or the assisted living facility located to the south and east of the property. The location is well -suited for general and office development and will complement the growing population in Collier County by providing needed services as evidenced by the market demand analysis that is included with the companion small-scale growth management plan amendment. Policies 5.5 and 5.7 discourages urban sprawl by encouraging new development in the Urban designated areas and where public facilities and services exist. The subject property is within the Urban designated area and is more specifically within a Commercial Subdistrict which authorizes commercial development. Urban services are available to serve the proposed uses. Policies 6.2, 6.3 and 6.4 establish Transportation Concurrency Management Areas (TCMAs), which encourage new residential and commercial development and infill development. Objective 7 and implementing policies 7.1 through 7.4, encourage smart growth policies by promoting connectivity between developments. The PUD master plan identifies both vehicular and pedestrian interconnections to the adjacent property to the north. No interconnection is possible to the south and east as the property is developed as a gated assisted living facility and no interconnection is physically possible. Transportation Element: Policy 1.3 requires that acceptable levels of service for arterial and collector roadways shall be maintained. The Traffic Impact Analysis prepared in support of this application demonstrates that available capacity exists on the surrounding collector and arterial roadways. October 28, 2022 Evaluation Criteria. docx Page 4 of 7 Packet Pg. 779 9.A.4.d Conservation and Coastal Management Element: Policy 6.1.1 establishes native vegetation preservation standards for the County. This property contains minimal pine and palm trees and has no native habitat or vegetative communities; therefore, no preservation area has been established within the PUD. 2. The existing land use pattern. The proposed commercial PUD is in an area where there is other commercial development and institutional development. The comprehensive plan provides for commercial development on this property. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The PUD will be adjacent to other PUD's and represents all property owned by the applicant therefore, no isolated district is created by this zoning action. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD boundary represents a logical boundary and is consistent with the Tract 2 designation within the Orange Blossom/Airport Crossroads Commercial Subdistrict. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Although the property is designated for commercial development under the Growth Management Plan, the property is presently zoned A, Agricultural; therefore, the rezoning is required to establish commercial zoning for the property. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed rezone will not adversely influence living conditions in the neighborhood. The PUD has established a list of permitted uses and development standards appropriate for the project. 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. October 28, 2022 Evaluation Criteria. docx Page 5 of 7 Packet Pg. 780 9.A.4.d A traffic impact analysis has been prepared which demonstrates there is adequate capacity on the surrounding roadways to accommodate the vehicular trips associated with the proposed uses. The project will be built in a single phase and construction traffic will be that typical for commercial construction. A right turn lane will be required on Airport -Pulling Road for the project. 8. Whether the proposed change will create a drainage problem. The site will have a surface water management system in place meeting the design criteria of the SFWMD and Collier County and will not create any drainage problems. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed rezone will have no impact on light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed rezone should have no impact on property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed rezone should enhance surrounding properties and will not deter improvement or development of nearby properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Any property owner may propose zoning changes subject to the requirements of the LDC. No special privilege results from the PUD Amendment. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property is currently zoned A, Agriculture which does not permit the commercial land uses that are contemplated for the property consistent with the Growth Management Plan; therefore, the rezoning is required. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. October 28, 2022 Evaluation Criteria. docx Page 6 of 7 Packet Pg. 781 9.A.4.d The project is in scale with the needs of the community. A professional market demand analysis was prepared for the companion small-scale growth management plan amendment, which concluded that there is demand for the proposed commercial uses proposed within the project. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. While it is not impossible to find other adequate sites within the County for commercial land uses, the subject site has been designated on the Future Land Use Map for commercial development. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The site is well suited for commercial development as proposed in this PUD application, and requires minimal fill dirt to support the proposed uses. The site has been previously cleared and contains only scattered pine and palm trees. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There are adequate roadways and utilities available at the site. There are no public facilities deficiencies at the present time, and none will occur as a result of this project. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. The project is consistent with the Growth Management Plan, and it is compatible with surrounding development. October 28, 2022 Evaluation Criteria.docx Page 7 of 7 Packet Pg. 782 Cafi�y County 9.A.4.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.g_ov 1239) 252-2400 Pre -Application Meeting Notes Petition Type: Rezone to PUD (PUD Z ) ❑ate and Time: Wednesday 2/9/22 at 3 : 00 PM Assigned Planner: Nancy Gundlach Engineering Manager (for PPL's and FP's): Project information Project Name: Lutgert Medical CPUD (PUDZ) PL#: 20220000533 Property lD #: 238000005 Current Zoning: Agricultural Project Address: City: Naples State: FL Zip: 34109 Applicant: Sharon Umpenhour - Grady Minor Agent Name: _D . Wayne Arnold, AICP Phone: 239-947-1144 38QQ Via Del Re Bonita Springs, FL 34134 Agent/Firm Address: Y City: State: Zip: Property Owner: Ventas Naples LLC %Altus Group US Inc #3971 Please provide the following, if applicable: i. Total Acreage: 5 . ii. Proposed # of Residential Units: 4VA 1 iii. Proposed Commercial Square Footage: '�Um) 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: l`�+ vi. If the project is within a Plat, provide the name and AR#/PL#: W-71—\ Updated 1/12/2021 Page 1 1 of 5 Packet Pg. 783 9.A.4.d Coder Coyunt COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note —link is https://www.colliercountyfl.gov/Home/ShowDocument?id=75093 C rm p Lf N N i'U Lr3 ti ti i Ste, r b i~ 5 .� �. TroclA . e- A rV 0 r, s 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 RMLddleton([.Dnaolesgovxorn Allyson Holland AMHollandCq)naolesaov.com Robin Singer RSinaer5maolesaov.com Erica Martin emartin na les ov.com Disclaimer., Information providers 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 2 of 5 Packet Pg. 784 9.A.4.d To: Nancy Gundlach, AICP, Principal Planner Zoning Services Section, Zoning Division From: Corby Schmidt, Principal Planner Comprehensive Planning Section, Zoning. Division Date: February 11, 2022 Subject: Future Land Use Element (FLUE) Pre -Application Notes PETITION NUMBER: PL20220000533 PETITION NAME: Lutgert Medical (PUDR) REQUEST: The application is requesting to rezone the subject parcel from A, Rural/Agricultural Zoning District to a Commercial Planned Unit Development (CPUD). LOCATION: The :O-acre site is located on the western side of Airport Road, approximately 500 feet south of Orange Blossom Drive, in Section 2, Township 49 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The undeveloped subject property is designated Urban, Urban Mixed Use District, Orange Blossom/Airport Crossroads Commercial Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan. --t 0 a �x u V _ i5 I F2w 2A& sf ft6 Packet Pg. 785 9.A.4.d CONCLUSIONS Include addressing: FLUE Policy 5.6, Objective 7 and its applicable underpolicies, Market Study for proposed uses. cc: Michael Bosi, Director, Zoning Division Raymond V. Bellows, Manager, Zoning Services Section, Zoning Division GACDES Planning Services\Consistency Reviews120221PUDRIPUDR-PL2022-533 lutgert CPUD rev l drft.docx Packet Pg. 786 9.A.4.d Co er Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLE5, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2404 Meeting Notes Mr 4t l 'dl.,L - .SQ- !T pc h Q 4 r:_N L 0 c} r" Q -3, e_6(4�4. t)VreS f-' e-J, -01, L,s I-S oV-. hkc -e.s 3 C, — 3.� Other required documentation for submittal (not listed on application): CL Q U Q 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 j 3 of 5 Packet Pg. 787 9.A.4.d ThomasClarkeVEN From: SawyerMichael Sent: Wednesday, February 09, 2022 3:44 PM To: Thom asC€arkeVEN; GundlachNancy Subject: Lutgert Medical CPUD Pre App Thomas, Please check the TIS required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: Methodology meeting by email required and provide note on TIS cover sheet that fee will be collected at time of PUD submittal. Address all transportation elements of the GMP. Provide both ITE and SIC use codes in the TIS. Provide trip limit based on TIS using standard language: "The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval." Also provide interconnection commitment using standard language: "Vehicular and Pedestrian interconnection will be provided to the to allow access to all connection points with , consistent with the conceptual PUD Master Plan, . The final location of the access point will be coordinated with the adjacent property owner and a cross -access easement, or an access easement to the public for public use without responsibility of maintenance by Collier County, will be provided at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns prior to the first Certificate of Occupancy. The interconnections shall remain open to the public." Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 m i chael . sawyer@colliercountyfl. gov Under Florida Law. e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Q i� 3 r4 . Packet Pg. 788 9.A.4.d ThomasClarkeVEN From: GundlachNancy Sent: Wednesday, February 09, 2022 3:23 PM To: ThomasClarkeVEN Subject: FW: Pre -Application Meeting PL20220000533 - Lutgert Medical CPUD (PURR) Attachments: Transportation-PUD monitoring pre app handout 2020.docx Follow Up Flag: Follow up Flag Status: Completed From: Beard Laurie <Laurie.Beard@colliercountyfl.gov> Sent: Wednesday, February 9, 2022 3:09 PM To: GundIachNancy < Nancy.GundIach@coIIiercountyfLgov> Subject: Pre -Application Meeting PL20220000533 - Lutgert Medical CPUD {PUDR) PUD Monitoring pre-app notes attached. Laurie Beard Project Manager Please note new address: PUD Monitoring, GMD 2800 N_ Horseshoe Drive Naples. FL 34104 Laurie. BeardCZDGollierCountvFL.aov Phone: (239)-252-5782 A!!" tea► '; Erg;j V V A Under Florida Law, e-mail addresses are public records. if you d❑ not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Q Packet Pg. 789 9.A.4.d Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: Transportation Planning " The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDPISDPA or subdivision plat approval." Use Codes Provide both ITE and SIC use codes in the TIS. 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 PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." Miscellaneous "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. All other applicable state or federal permits must be obtained before commencement of the development." -�, Packet Pg. 790 9.A.4.d ThomasClarkeVEN From: BrownCraig Sent: Wednesday, February 23, 2022 12:52 PM To: ThomasClarkeVEN Subject: RE: Pre-App Supplemental Info for Lutgert Medical CPUD(PUDR)-PL20220000533 Attachments: Environmental data Checklist updated December 2016 {002).doc; PUD2-PUDA checklist FOR REVIEWERS 2-2017.doc Thomas, Here are my notes for this one: Please provide Environmental Data: Please provide FLUCFCS aerial map of the subject property please include the invasive exotic plant percentage amounts and indicate which FLUCFCS are being considered Native Vegetation. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained an -site. in a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural fiowways or other natural land features, located on abutting properties. Please provide a current Listed species survey, which should include listed plants for the subject property. Provide supporting exhibits (i.e. Panther zones ect.) be sure to include Black Bear, and Florida Bonneted Bat as part of the evaluation. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit bio#ogical communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Provide a survey for listed plants identified in 3.04.03. 3. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.E-D; 3.05.07.F; 3.05.07,HA A-e). (15% preservation required.) Label the Master plan with a note that the preservation is to be addressed off -site and provide the calculation in the packet submitted. 4. Please address how the proposed project is consistent with Conservation Coastal Management Element (CCME) Policy 6.1 and Objective 7.1. 5. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts to fisted species as required in the CCME. (The preservation Requirement is 15%). 6. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. (if found onsite). 7. 1ndicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. 8. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) Q Packet Pg. 791 9.A.4.d Please Check off $2500 Environmental Data Fee. Craig Brown Senior Environmental Specialist Development Review Division (239) 252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: ThomasClarkeVEN <Thomas.Clarke@coliiercountyfl.gov> Sent: Wednesday, February 9, 2022 2:41 PM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Beard@colliercountyfl.gov>; BrownCraig Craig.Brown@colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov?; CrotteauKathynell <KathyneII-Crotteau@coIIiercountyfl.gov>; PerryDerek <Derek.Perry@coIIiercountyfl.govn; ❑rtmanEric <Eric.Ortman@colliercountyfl.gov>; FaulknerSue Sue.Faulkner@colliercountyfl.gov>; FeyEric <Eric.Fey@colliercountyfl.gov>; CastroGabriela <Gabriela.Castro@colliercountyfl.gov>; Impact Fees <ImpactFees@colliercountyfi.gov>; MoscaMichele Michele.Mosca@colliercountyfl.gov>; OrthRichard • Rich ard. Orth@coIIiercountyfl.gov>; KlopfParker <Parker.Klopf@coIiiercountyfl.gov>; Hansen Rachel •Rachel.Hansen@coIIiercountyfl.gova; Ash karSaIly <Sally.Ash kar@coIIiercountyfl.gov>; SawyerMichael Michael.Sawyer@colliercountyfi.gov>; Templeton Mark <Mark.Templeton@colliercountyfl.gov>; WilkieKirsten <Kirsten.W ilkie @colliercountyfl.gov> Cc: GundlachNancy <{fancy.Gundlach@colliercountyfl.gov>; SchmidtCorby Corby.Schmidt@col liercountyfi.gov> Subject: FW: Pre-App Supplemental Info for Lutgert Medical CPUD(PUDR)-PL20220000533 Importance: High Hello All, Just got this in from Wayne Arnold for Lutgert Medical. Looks like this will be a P U D Rezone from Ag. To PUD. See you all at 3:00113m today Better late than never! Tom Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 From: Sharon Umpenhour <SUmpenhour@gradyminor.com> Sent: Wednesday, February 09, 2022 2:28 PM To: ThomasClarkeVEN <Thomas.Clarke@coIIiercountyfI.gov> Packet Pg. 792 9.A.4.d Environmental PUDZ-PUDA Checklist (non-iItFMU) ProjectName 1. Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding, properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03,08; 4.08.00) Not in CV Library 2. Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. lfthe site is vegetated, provide FLU CFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay -P627 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.11.1). Preserve Label- P546 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.13-13; 3.05.07.F; 3.05.07.H. Ld-e). Preserve Calculation - P547 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve Width - P603 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07.A. 1 -4) Preserve Selection- P550 7. Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 1 O7 of the boundary unless it can be shown that it will. not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross -sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback —New 8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.0 Listed Species - P522 9. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off -site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) Environmental Data Required — P 522 10. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 11. If the PUD includes a Preserve Tract section UP FOR DISCUSSION — DISCUSS WITH CAO When listing preserve uses, the following is suggested: A. Principal Use: Preserve; S. Accessory Uses: All other uses (list as applicable or refer to the LDC — see 1-3 below as typical uses listed by agents) (ensure the text states "subject to LDC section related to Allowable uses within County required preserves" Alternate format: A. Uses subject to LDC section Allowable uses within County required preserves: 1. Nature trails that do not reduce the amount of required preserve. 2. Passive Recreation uses, as per LDC requirements. 3. Stormwater only when in accordance with the LDC. c 0 .Q a Q t> c d E z 0 W Q c d E z 0 c� r Q Packet Pg. 793 9.A.4.d PUD Commitments and Site Plan notes Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document or master plan: Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.8.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. 12. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10,02.13.A.2.) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. 13. Review cross -sections if provided; they are not required with the PUD. However, sometimes they are provided. Is there any fill proposed in the preserve? Additional Cornnients: Packet Pg. 794 9.A.4.d Environmental Data Checklist Project Name 1,4c7-6 0-Ar C e4D � PAL D Z The Environmental Data requirements can be found in I.,DC Section 3.08.00 Provide the EIS fee if PUD or CU. 2. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include 3. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFM-U district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. 7. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 8. Provide a survey for listed plants identified in 3.04.03 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the c 0 Q Q U c d E z 0 M Q c d E z 0 c� r Q Packet Pg. 795 f 9.A.4.d location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. 10. For sites or portions of sites cleared of native ve etation or in a riculturaI ❑ eration, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25 year rezone Iimitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. It. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. Include the above referenced calculations and aerials on the SDP or final plat construction plans. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. 12. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFNW, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. 13. Where off -site preservation of native vegetation is proposed in lieu of on -site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off -site parcel(s) if off -site donation of land is to occur. 14. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. 15. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stoned or processed or where hazardous wastes in excess of 220 pounds per month or 1 10 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. a 0 c� Q a Q t.> c d E z 0 M r Q c d E z 0 c� Q Packet Pg. 796 9.A.4.d 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. 18. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. 19. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellheld Risk Management Special Treatment Overlay Zones identified. 20. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 21. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. 24. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 #) The following to be determined at preapplication meeting: N (Choose those that apply) c a. Provide overall description of project with respect to environmental and water management issues. c� b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the a GMP. a c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and v LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design z compensates for wetland impacts. e. Indicate how the project design minimizes impacts to listed species. Describe the treasures that are proposed Q as mitigation for impacts to listed species. 25. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package d applicable Environmental Data Submittal Requirements into a single Environmental impact Statement (EIS) cYo document, prior to public hearings and after all applicable staff reviews are complete. Copies of the El shall be Q provided to the County Manager or designee prior to public hearings. 26. Is EAC Review (by CCPC) required? Packet Pg. 797 9.A.4.d ?7. PU❑ master plan or PPLISDP site plan notes: Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document. 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. .8. Additional comments 29. Stipulations for approval (Conditions) 9.A.4.d C o er Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercoun I. ov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 202200000533 Collier County Contact Information: Name Review Discipline Phone Email Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2361 stephen.ba€uch@colliercountyfl.gov EI 5har A. Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org El Rx Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov 1:1 Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov I^ eidi Ashton Cicko Managing Asst. County Attorney 252-8773 he idLashton@colIiercountyfLgov 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 gabriela.castro@colliercountyfl.gov - Maggie DeMeo North Collier Fire 252-2308 pdemeo@northrDllierfire.com Eric Fey, P,E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@coliiercountyfl.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 Gewirtz, P.E. Engineering Stormwater 252-2434 storm,gewirtx@colliercountyfl.gov ormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gcv Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gund€ach@colliercountyfl.gov it Rachel Hansen GMP- Corn prehensive Planning 252-1142 Rachel. hansen@col lie rcountyfLgov Richard Henderlong Zoning Principal Planner 252-2464 rich ard.henderlong@col liercountyfLgov 1 John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov 1 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@cofliercountyfl.gov Parker Klopf GMP -Comprehensive Planning 252-2471 Pa rker.klopf @coil iercountyf Lgov Troy Kamarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com I. i Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov Thomas Mastrobert❑ Greater Naples Fire 252-7348 1 thomas.mastroberto@colliercountyfl.gov lack McKenna, P.E. Enginee ring Services 2S2-2911 I jack. mckenna@colliercount fl.gov Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 799 9.A.4.d Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfhao(2391 252-2400 I.. Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov hele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov VK'Richw-d Orth Stormwater Planning 252-5092 richard.orth@col lie rcountyfl. ov Eric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfl.gov I-� Derek Perry Assistant County Attorney 252-8066 Derek. perry@col IiercountyfLgov Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov Todd Ri gall North Collier Fire 597-9227 triggali@northcollierfire.com -! Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov L James Sabo, AICP GMP, Camp Planning Manager 252-2708 james.sabo@colliercountyfl.gov Michael Sawyer Transportation Planning 252-2926 michaeLsawyer@colliercountyfi.gov Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov -� Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov Peter Shawin sky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov I_ I Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov I-i Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov I_ ! Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov 1 Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov 1711 Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov Li Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov Daniel zunzune ui North Collier Fire 252-2310 Daniel.Zunzunegui@cc)lliercountyfl.gov Ci�IVr. Cj•L.L.A� 1�.�}J'f Additional Attendee Contact Information: Name Representing Phone Email W�+��' 1V '{` Ia iJ..• L 1� �{A-.-� V� i aid :J ^� i3G/]�t4re 2. 5"; �..� : ��z uprC � cG hall" 7 U',LEIG c= 1-du— Hv1 GrwRA�rkr C'cLlit�v� �d Updated 1/12/2021 Page 1 5 of 5 Ov Q Packet Pg. 800 9.A.4.d CO 7CY C014 Lty Growth Management Department Zoning Division Applicant/Agent may also send site pions or conceptual pions for review in advance if desired. PL20220000533 — Lutgert Medical CPUD (PUDR) Planner: Nancv Gundlach Assigned ❑ps Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION Name and Number of who submitted pre-app request Sharon Umpenhour, 239.947.1144 • Agent to list for PL# D. Wayne Arnold, AICP Owner of property (all owners for all parcels) Parcel No. 00238000005, Ventas Naples, LLC • Confirm Purpose of Pre-App. (Rezone, etc.) PUD Rezone c ■ Please list the density request of the project if applicable and number of homes/units/off 1ces/docks (any that r apply): 40,000 s.f, a a U • Details about Project: aci Rezone from the A Zoning District to CPU to allow medical and general office uses w r Q REQUIRED Supplemental Information provided by: Name: Sharon Umpenhour E Title: Senior Planning Technician Email: sumpenhour@gradyminor.com Q Phone: 239.947.1144 Cancellation/Reschedule Requests: Contact Connie Thomas -Client Services Supervisor Consueia.Thomas@colliercountyfl.gov Phone:239-252-2473 Created April 5, 2017 Location: G:\CDES Planning Servlces\Current\20ning Staff Information zoning Division • 2800 North Horseshoe Drive • Naples, Florida 34104. 239-252-M- www.ccAhergov.net Packet Pg. 801 (andO peolj:podaiV :pa6;n-1 ££SOOOOZZOZ-ld LWVGZ) uoi;eoilddV-3;uewgoe;;V :;uewLioe;;v N F _00 o —z is MM a a. Ln d a. U-ai FIA � < :. ��1'II"'. .Iww•l�r�� V ��h ;k. a a n (QndO peob :podany;aa6}n-1 ££50000ZZOZ-ld : MIGZ) uoi}eailddV-0;uauayaejjV :}uauayae}}y Imo' FcQwmo U a � Y �. '��:m- -ipaLH�q-6A, A-H"1� Co*ier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. c o l l i e rco u nty. gov Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at htt www.colliercount fl. ov Home ShowDocument?id=76983. 9.A.4.d REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 [] ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 _Completed Addressing Checklist 1 Warranty Deed(s) 1 [] ❑ List Identifying Owner and all parties of corporation 1 ❑ ❑ Signed and sealed Boundary Survey 1 ❑ ❑ Architectural Rendering of proposed structures 1 ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 0 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ 0 ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 El ❑ Traffic Impact Study -- F 6_1[.t,e.err❑ A-r- P 4h 1 ❑ ❑ Historical Survey 1 ❑ School Impact Analysis Application, if applicable 1 ❑ Electronic copy of all required documents 1 ❑ ❑ Completed Exhibits A-F (see below for additional information)* ❑ ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Packet Pg. 804 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coll iercou nty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 9.A.4.d Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ ❑ 191, Original PUD document/ordinance, and Master Plan 24" x 36" — only if Amending the PUD ❑ 0 ❑ Revised PUD document with changes crossed thru & underlined 1 X ❑ Copy of Official Interpretation and/or zoning Verification —Or I 1 Rr ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: fi` Exhibit A: List of Permitted Uses t/ Exhibit B: Development Standards LX Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code V Exhibit D: Legal Description _ IN Exhibit E: List of Requested LDC Deviations and justification for each { i c/Exhibit F. List of Development Commitments If located in RFMU Rural Fringe Mixed Use Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Array Lockheart Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) Emergency Management: Dan summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: City of Naples Utilities Other: I ASSOCIATED FEES FOR APPLICATION I � pi•e-Application Meeting: $500.00 r/ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre D Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre prehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: JLI 7��d�we y �y F-mA, . 3�Q4u,o.,e p. ❑ Methodology Reviewr7�500.00 *Additional fees to be determined at Methodology Meeting. ❑ Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 805 Coder Quay COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. co I l i e rco u ntx. goy Legal Advertising Fees: �rk- : $1,125.OD $500.00 2800 NORTH HORSESHOE DRIVE MAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 vv�School Concurrency Fee, if applicable: a Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, 1 attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5" and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date 9.A.4.d March 4, 2020 Page 11 of 11 Packet Pg. 806 9.A.4.d AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220000533 and PL20220003494 Howard 6. Gutman (print name), as Manager (title, if applicable) of Lutgerl Medical Center, 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 a. Grady Minor & Associates, P.A, and Coleman, YO-anovich & Koester, P.A. to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the carp. pres. or v. pres. • If the applicant is a Limited Lfability Company (L.L.G.) 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 peer' l/I c e that I have read the foregoing Affidavit of Authorization and that the facts stated in i mar /%- - 2- Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoinginstrumentwas acknowleged before me by means of M physical presence or ❑ online notarization this � day of rvcwa.A?f , 24 n , by (printed name of owner or qualifier) Howard B. Gutman as Manager Such person(s) Notary Public must check applicable box: I Are personally known to me 0 Has produced a current drivers license 0 Has produced as idsntificatian. Notary Signature: Aq r4A CP109-COA-001151155 HE V X 2020 BARSARA J. CUNNINGHAM Notary Public, State of Florida -.omrn Expires Nov. 23, 2024 Gomrnisslon No. HH 47423 0 a U R 0 t` 0 CL LO Q m rn J M CM 0 0 0 0 N N 0 N J a rn LO N 0 R U CL CL Q U r c m E s v a c d s v r Q Packet Pg. 807 Cote er County 9.A.4.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 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. 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 CIL.CIILdI-{C UI JUL.II IIILUFUJA. Name and Address I % of Ownership N.A. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Lutgert Medical Center, LLC, 4850 Tamiami Trail North, #200, Naples, FL 34103 100 Howard B. Gutman, Manager (ownership interest) Erik F. Lutgert, Manager (ownership interest) David M. Crowley, Manager (ownership interest) Michael T. Hoyt, Manager (ownership interest) If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the 0741nA4111rr uia74«.iw Auk Created 9/28/2017 Name and Address I % of Ownership Page 1 of 3 Packet Pg. 808 Cote er County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the 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: f [-A Name and Address % of Ownership N.A. Date of Contract: 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. Date subject property acquired 2022 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: N.A. Date option terminates: N.A., or Anticipated closing date: N.A. Created 9/28/2017 Page 2 of 3 Packet Pg. 809 9.A.4.d coil ie'r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 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 publichearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature D. Wayne Arnold, AICP Agent/Owner Name (please print) Created 9/28/2017 October 14, 2022 Date Page 3 of 3 Packet Pg. 810 9.A.4.d codier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercount _ ov (239) 252-2400 FAX: (239) 252-5358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Parcel No. 00238000005 (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for Commercial planned unit development (G PUD) zoning. We hereby designatec-.=�Mo�� 'Koesa,2A. , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. 5o long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The our will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development h my may stop ongoing construction activity until t p j brought into compliance with all terms, ' t❑ d safeguards of the planned unit development. Owner Own Howard e, Gutman as Manager, Lutgert Medical Center, LLC Printed Name Printed Name STATE OF FLORIDA COUNTY OF COLLIER The for oing instrument was acknowleged before me by means of physical presence 043online notarization this day of iW�t+bk.+r 20 22 , by (printed name of owner or qualifier) Howard B. Gutman as Manager, Lutgert Medical Center, LLC Such person(s) Notary Public must check applicable box: as General Partner of Bryan W. Paul Family Limited Liability RAre personally known to me Limited Partnership Has produced a current drivers license []Has produced as identification, 6ARBAl3,4 J. CUNNINGHAM Notary Public, State of Florida Notary Signature: * Comm. Fires Nov. 2, 2024 4 Commission No. HH 47423 March 4, 2Q20 Page 8 of 11 Q Packet Pg. 811 *** OR 6091 Pc 3135 *** 9.A.4.d Exhibit A Legal Description COMMENCINGIAT THE SOUTHEAST CORNER OF SECTION 2, 'I'O WNSHIP 49 SOUTH, RANGE 25-eASTVQLLIER COUNTY, FLORIDA; 'THENCE ALONG THE EAST LINE OF SAID SECTIO '2,,Noj. TH 2° 14' 00" WEST 1708.10 FEET; THENCE PARALLEL WITH THE NORTH LINE OF TH SOUTH 112 OF THE NE 114 OF THE SE 114 OF SAID SECTION 2, SOUTH 890 51' 42" TEST 100,07 FEET TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 31 AND TH�-PLaCE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING PARALLEL WITH THE NORTH LINE OF THE SOUTH 112 OF THE NE 114 OF THE SE 1/4--OE XAI❑ SECTION 2, SOUTH 89° 51' 42" WEST 660.00 FEET; THENCE NORTH 2" 14' 001°WEST 330.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF THE SOUTH 112 OF T E, NE 114 OF THE SE 114 OF SAID SECTION 2, NORTH 890 S 1' 42" EAST 660.00 FEET TO. AID- WEST RIGHT-OF-WAY LINE; THENCE ALONG SAID WEST RIGHT-OF-WAY LONE, 9bU1 4 2° 14' 00" EAST 330.00 FELT 1-0 THE PLACE OF BEGINNING. s + r r'f � f� r � � a r• Exhibit A -I 2128493.v4 a U �a O O a Q 1= m 3 J M M O O O O N N O N J a n C O m t� Q Q Q U c m E s v to w Q c a> E t v ns Q Packet Pg. 812 9.A.4.d Co Ter C;OUHty 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] 00238000005 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] S2/T49/R25 STREET ADDRESS(ES) where applicable, if already assigned. 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. PUDZ (Planned Unit Development Rezone) CURRENT PROJECT NAME PROPOSED PROJECT NAME Lutgert Airport Road CPUD 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 rcou ntyfl.gov Packet Pg. 813 Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 00238000005 Address Site City NAPLES *Note 34109 *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 814 INSTR 6213283 OR 6091 PG 3132 E—RECORDED 3/3/2022 10:38 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $39,270.00 REC $35.50 CONS $5,610,000.00 9.A.4.d This Instrument:-< ep#red by: Lauren E. Roman Barack Ferrazzan �l3Rum & Nagelberg LLP 200 West Madison Street- 3900 Chicago, IL 60606 After Recording Return' a',,, C. Neil Gregory Bond Schoeneck & King 4001 Tamiami Trail North Suite` .t.. Naples, FL 34103-3556 , ;v Property Folio Number: 00238000005 ku This Warranty Deed made and executelfeti" h day of February, 2022, by VENTAS NAPLES, LLC, a Delaware limited liability co pan". a address is 353 N. Clark Street, Suite 3300, Chicago, IL 60654, hereinafter called the gr ` or,et LUTGERT MEDICAL CENTER, LLC, a Florida limited liability company, whose office=drs'`r 4850 Tamiami Trail North, Suite 200, Naples, FL 34103, hereinafter called the grantee. (Wherever used herein the term "grantor" and grantee m#tideall the parties to this instrument, singular and plural, the heirs, legal reprc< tati, es, and assigns of individuals, and the successors and assigns, wherever the c Atl`&xt s)admits or requires.) Witnesseth: That the said grantor, for and in consideration of theuito; „zs .00 and other valuable considerations, receipt whereof is hereby acknowledged, by these per_ does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee all tha land situate in Collier County, State of Florida, viz: See Exhibit "A" attached hereto and made a part hereof. Together with all the elements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. Naples, FL I Warranty Deed ' Lutgert Title, L 1 8493.v4 4001 Tamiami Trail North, Suite 103- Naples, Florida 34103 Packet Pg. 815 OR 6091 PG 3133 9.A.4.d And the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee simple, that it has good right and lawful authority to sell and convey said land, that it hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, EXCEPT that this conveyance is SUBJECT TO: (i) all covenants, easements, and restrictions of record as of the date hereof; (ii) all matters which would be revealed in an accurate survey or inspe�ti, ' of the Property, (iii) all laws, ordinances and governmental rules, regulations and restrictiale ng the Property; and (iv) ad valorem taxes for the year 2022 and subsequent years. IN WITNES V14E1kEOF, the grantor has caused these presents to be executed in its name, and its corporatp be hereunto affixed by its proper officers thereunto duly authorized, the day and year firstwritten above. [Remainder op ge intentionally left blank; signature page follows] Naples, FL I Warranty Deed 2128493.0 Packet Pg. 816 OR 6091 PG 3134 9.A.4.d Name: (print) ?` STATE OF COUNTY OF W O U, VENTAS NAPLES, LLC, a Delaware limited liability company By: Ventas Realty, Limited Partnership, a Delaware limited partnership, its sole member By: Ventas, Inc., a Delaware corporation, its general partner By: Name: hristian N. Cummings Title: Senior Vice President The foregoing instrument was ac owledgid -b" (� online notarization this V day Senior Vice President of Ventas, Inc., a Delaware Partnership, a Delaware limi a tne�_ on ha liability company. Q'She Lis personally known identification. —----—-————— DAWN S GREENBERG Official Seal Notary Public - State of Illin]20225 My Commission Expires Mar 31. me by means of U physical presence or 2022, by Christian N. Cumminas , as 4.0%1 on behalf of Ventas Realty, Limited etas Naples, LLC, a Delaware limited e qk has produced as LIC: Sign Print State of at Large�k> .F P . My Commission E'I �dl mod. Grantor's signature page to Warranty Deed Seal) 5 Packet Pg. 817 *** OR 6091 PG 3135 *** 9.A.4.d Exhibit A Legal Description COMMENCINGaAT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 I& - ,OLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTI(QNa KTH 2° 14' 00" WEST 1708.10 FEET; THENCE PARALLEL WITH THE NORTH LINE Q�T44-�OUTH 1/2 OF THE NE 1/4 OF THE SE 1/4 OF SAID SECTION 2, SOUTH 89° 51'N'T,100.07 FEET TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 31 AND TH UCE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING PARA LLEL WITH THE NORTH LINE OF THE SOUTH 1 /2 OF THE NE 1/4 OF THE SE 1) (44., AID SECTION 2, SOUTH 89° 51' 42" WEST 660.00 FEET; THENCE NORTH 2° 14' 01,,' EST 330.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF THE SOUTH 1 /2 OF TT WNE 1/4 OF THE SE 1/4 OF SAID SECTION 2, NORTH 890 51' 42" EAST 660.00 FEET T(};4 ST RIGHT-OF-WAY LINE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, 14' 00" EAST 330.00 FEET TO THE PLACE OF BEGINNING. Exhibit A-1 2128493.v4 Packet Pg. 818 I w�k„�mffi w� ffisW w �ffik ` a$o w- W ao4o e9 F k moo p -�a Nw� mYmo U e w a rc€�Ni€� j�aa�wo rake 3Y$p „sFN ui3a° _ =, m nka�NY i_ � pz ��,IaLL umio u- z nr Q�'2 a. Z m g�9 o�m w aka _ 0 atom " = m m m 5 m SC.us'i sy- ow€k_m wo ;:' Eon Wgkemn €�a€" 3oW<LLE�Y� pwm _<-o�cwzww- w ti 3lo i w -z w pn�w k s w�w w3awmrzW��y w m z acmi�o �zoo¢ao w5 -n [.a.avnannkin:�uv , _ " n vw n e n m ii�:oin ammems u Iv - ., off'•........ • AIRPORT -PULLING ROAD N. (STATE ROAD 31) _ _ � (200' R.OW.) T� R I ems' 1z V n '' o• e c a O O♦ I• j� rn J, o r3 •n3 "- SRG CN FL LLC (O. R. 6027, PG. 1932) Lutgert Airport Road CPUD Aerial Photograph BAr'nsbLrvi V! A� 'CIR Mill PG e X- "7- INLA* d.0 , l 1W 1, 9.A.4.d w E S Orange -Blossom Olt jS V Mt '. , *# R � 4. �j Legend a_ E =, AM- Lo' 0 SUBJECT PROPERTY Zm"- I gGrad Mina CAM Engineers * Land yors ► P "CIE I and WW Lon'i MC.— - k BL' id the GI 9 280 140 0 280 Feet M" Packet Pg. 820 9.A.4.d COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Lutgert Medical Center, LLC Address: 4850 Tamiami Trail North, Suite 200 City: Naples Telephone: Cell: E-Mail Address: Howard@Iutgert.com Address of Subject Property (If available): N.A. City: State: ZIP: ROPERTY INFORMATION Section/Township/Range: ± 4/ 25 Lot: N.A. Block: N.A. Subdivision: N.A. State: FL Fax: ZIP: 34103 Metes & Bounds Description: See Boundary Survey included with submittal 1 Plat Book: N.A. Page #: N.A. Property I.D. Number: 00238000005 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ 75,000 square feet of retail/office and service uses and up to 104,000 square feet of indoor self and auto storage. Total Population to be Served: Peak and Average Daily Demands: A. Water -Peak: 21,676 gpd Average Daily: 16,674 gpd B. Sewer -Peak: 34.9 gpm Average Daily: 11,910 gpd If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 2024 March 4, 2020 Page 6 of 11 Packet Pg. 821 9.A.4.d Potable Water Demand & Sanitary Sewer Flows for Statement of Utility Provisions Lutgert Retail/Office/Storage - PUD Rezone Request Sewer Flows Design Criteria: F.A. C. 64E-6, Table 1- Estimated Sewage Flows: General Commercial assumed Office Building 75, 000 SF per employee per 8-hour shift or = 15 gpd/person per 100 sf of floor space (whichever is greater) = 15 gpd/100 sf Warehouse 800 Units add per employee per 8-hour shift = 15 gpd/person add per loading bay = 100 gpd/bay self -storage, per unit (up to 200 units) = 1 gpd/unit add per each 2-units over 200 = 1 gpd/2 units Collier County Per Capita Sewer Flow = 100 gpdpc Equivalent Population (EP) = Total Average Daily Flow / 100 gpdpc = 119.1 people Peak hour factor is from 10 States Standards (Figure 1, page 10-6) and is based on equivalent population:(18+(EP/1000)^0.5)/(4+(EP/1000)^0.5) Peak Factor = 4.22201 PROPOSED SEWER FLOWS Item # Unit Number of Units Total Flow Per Unit (GPD) Average Daily Flow Peak Hour Flow GPD GPM I GPD I GPH I GPM Commercial Use Office 1 100 sq. feet 750 75,000 SF 15 11,250 1 7.8 1 47,498 1 1,979.1 33.0 Other 1 0 10 30 0 0.0 1 0.0 1 0.0 0.0 Warehouse Employee 1 people 4 4 15 60 0.0 253 10.6 0.2 Loading Bay 1 loading area 1 1 100 100 0.1 422 17.6 0.3 First 200 Storage Units 1 units 200 200 1 200 0.1 844 35.2 0.6 Storage Units 201-800 1 2 units 600 600 0.5 300 0.2 1,267 52.8 0.9 TOTALS 11,910 8.3 50,284 2,095 34.9 Water Demand Design Criteria: Potable Water Average Day Demands = Sewer Flow x 1.4 per Collier County Design Criteria Potable Max Day Peaking Factor = 1.35 Equivalent Population (EP) = Total Potable Average Daily Demand / 100 gpdpc Potable Peak hour factor is from 10 States Standards (Fig 1, page 10-6) and is based on equivalent populatior (18+(EP/1000)^0.5)/(4+(EP/1000)^0.5) WATER DEMAND Total Average Daily Demand = 16,674 GPD 11.6 GPM Max Day Demand = 21,676 GPD 15.1 GPM Equivalent Population = 166.7 People Peak Hour Factor = 4.17580 Peak Hour Demand = 69,627 GPD 48.4 GPM 0 a U 10 0 w 1= 0 a Q t m rn J M Cl) LO O 0 0 0 N N 0 N J a n v N C 0 Qu a Q U c m E 0 u m Q c d E t R a Q Grady Minor & Associates, P.A. C:\Users\MHerrera\Desktop\Copy of Flow Calcs Rev01 Packet Pg. 822 9.A.4.d 3.08.00 Environmental Data Purpose As per requirements in LDC Sections 3.08,00 and questions in the CU Checklist Preparation Of Environmental Data Preparation of Environmental Data, Environmental Data Submittal Requirement shall be prepared by an individual with academic credentials and experience in the area of environmental science or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida Qualifications of Environmental Consultant Collier Environmental Consultants Inc. 2/96 - Present 3211 68W Street SW Naples, Florida 34105 Marco A. Espinar- Biologist Environmental Data. The following shall be submitted where applicable to evaluate projects. A) Wetlands i) Identify on Current Aerial / the location of all Collier County / SFWMD Jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System FLUCFCS The site consists of approximately 5 acres and is located in Section 2, Township 49, Range 25; in Collier County, Florida. The parcel is just south of the intersection of Airport -Pulling Road and Orange Blossom Drive. The parcel is on the south west side of the intersection. Historically the area was in row crops. The entire region was farmed. The parcel remains cleared except for secondary growth, which includes some scattered cabbage palm, oaks and Slash pines. The ground cover consists of varying graminoids. See Attached Location Maps, Vegetation Maps / FLUCCS Maps Packet Pg. 823 9.A.4.d B) Listed Species and Bald Eagle Nests and Nest Protection Zones i) Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the FFWCC and the USFWS. Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee. Wildlife Listed Species Study (LDC 10.02.3.A.2.m) A brief examination of the parcel found no listed vertebrates on site. The parcel is almost completely void of vegetation. In addition, the parcel is located in the urban area. This parcel is located at a busy intersection, of Airport -Pulling Road and Orange Blossom Drive. The availability of suitable habitat for any vertebrate is quite limited. The parcel is cleared and does not provide potential for any denning, habitation and/or foraging. The parcel is also surrounded by development. The parcel was traversed and examined. Potential species for such a small parcel would be fox squirrels and/or Gopher tortoises. At the time of this inspection no burrows and/or animals were encountered. The field does provide some foraging for traversing birds. This project meets the Objective of CCME Objective 7.1. CCME OBJECTIVE 7.1: Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, ii) Provide Listed Plants identified in LDC Section 3.04.03 See Attached Vegetation List / FLUCCS Code Map This parcel is cleared of vegetation. Secondary growth of some trees such as Slash pines, oaks and cabbage palm are present. A complete list of the vegetation encountered has been provided. See: Attached Vegetation List / FLUCCS Code Map Packet Pg. 824 9.A.4.d iii) Wildlife Management Plans in accordance with LDC Section 3.04.00 See Attached Listed Species Study, Black bear management plan may be required at the time of SDP. C) Native Vegetation Preservation i) For Sites or Portions of Sites Cleared of Native Vegetation or in Agricultural Use: Not Applicable ii) Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the FLUCFCS system and provide a legend foe each of the FLUCFS codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on site. Include the above referenced calculations and aerials on the SDP or PPL. In a separate report, demonstrate how the preserve criteria pursuant to LDC section 3.05.07 have been meet. Location Maps / Aerials (LDC 10.02.3.A.2.m) Aerials and location maps have been provided. The entire parcel consists of approximately 5 acres. The site consists of approximately 5 acres and is located in Section 2, Township 49, Range 25; in Collier County, Florida. The parcel is just south of the intersection of Airport -Pulling Road and Orange Blossom Drive. The parcel is on the south west side of the intersection. Historically the area was in row crops. The entire region was farmed. The parcel remains cleared except for secondary growth, which includes some scattered cabbage palm, oaks and Slash pines. The ground cover consists of varying graminoids. See Attached Location Maps, Vegetation Maps / FLUCCS Maps Native Vegetation Calculation (LDC3.05.07. A.) This parcel was legally cleared. However, Native trees have re -grown on the property. As such the property will be governed by: LDC 3.05.07 A.2 and 3.05.07 B.2 Packet Pg. 825 9.A.4.d ii.) Identify on a current aerial the acreages, location and community types Location Maps / Aerials (LDC10.02.3.A.2.m) The site consists of approximately 5 acres and is located in Section 2, Township 49, Range 25; in Collier County, Florida. The parcel is just south of the intersection of Airport -Pulling Road and Orange Blossom Drive. The parcel is on the south west side of the intersection. Historically the area was in row crops. The entire region was farmed. The parcel remains cleared except for secondary growth, which includes some scattered cabbage palm, oaks and Slash pines_ The ground cover consists of varying graminoids. See Attached Location Maps, Vegetation Maps / FLUCCS Maps 3.05.07 Preservation Standards This site is totally void of any native habitat. This site does have native trees scattered throughout. A tree survey was conducted, and an exhibit attached showing species, locations and tree size_ Approximately, 13 Cabbage palms, 5 Live oaks and 15 Slash pines were identified on site. 13.05.07 — Preservation Standards A.(l) Native vegetative communities. The preservation of native vegetation shall include all naturally occurring strata including canopy, understory and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in section 3 05 07 H. I.e. The term native vegetation is further defined as a vegetative community having 25 percent or more canopy coverage or highest existing vegetative strata of native plant species. In the absence of other native strata, herbaceous vegetation not typically associated with the re -growth of native vegetative communities, commonly known as weeds, shall not be considered native vegetation for the purpose of preservation. Since the site has no native habitat/vegetation, No preserve will be provided. The site does have a few native trees and a tree count was conducted_ A) 2. Native trees. Where a property has been legally cleared and only native trees remain and the native ground cover replaced with lawn or pasture, then only the native trees shall be retained. The percent requirement of native trees required to be retained shall be by tree count based on the percent requirement for native vegetation pursuant to 0-7 B, Only slash pine trees with an 8 inch DBH or greater, hardwood trees with a 18 inch DBH or greater, or palms with a minimum of 8 foot of clear trunk, shall be used for calculating this requirement. For hardwood trees, every 6 inches or fraction thereof over 18 inch DBH shall count as an additional tree (18 inch DBH = l tree, 24 inch DBH = 2 trees, 26 inch DBH = 3 trees, etc.). Slash pine trees and cabbage palms Packet Pg. 826 9.A.4.d shall only be retained on portions of the property with a density of 8 or more trees per acre. Trees which are unhealthy or dying, as determined by a certified arborist or any individual meeting the qualifications in 05 07 H.1.g.iii, shall not be retained or used for calculation. Native slash pine trees shall be retained in clusters, if the trees occur in clusters, with no encroachment (soil disturbance) within the drip line or within 30 feet of the trunk, whichever is greater, of any slash pine or hardwood tree. Encroachment may occur within these distances where evaluation by a certified arborist determines that it will not affect the health of the trees. Trees which die shall be replaced with 10 foot high native canopy trees on a one for one basis. Native trees with a DBH of two feet or more shall be replaced with three 10-foot high native canopy trees. Areas of retained trees shall not be subject to the requirements of ; � i; i i7 H. Where trees cannot be retained, the percent requirement of trees shall be made up elsewhere on -site with trees planted in clusters utilizing 10 foot high native canopy trees planted on a one for one basis. Where native trees with a DBH of two feet or more cannot be retained, a minimum of three 10-foot high native canopy trees shall be planted per tree removed of this size. Trees planted to satisfy this requirement shall be planted in open space areas equivalent in size to the area of canopy of the trees removed. This planted open space shall be in addition to the area used to satisfy the minimum landscape requirements pursuant to - -o.t_11 � Existing Trees Slash Pines 1- 15 inches, 12- 12 inches, 2 — 20 inches Oaks 4 — 20 inches, I — 12 inches Cabbage Palms 13- 15 inches This will be consistent with Goal 6 of Collier County GMP's Objective 6.1 Protect native communities through the application of minimum preservation requirements. Clearly identify the location of all preserves: The preserve area has been identified on the Exhibit Master plan. Soil Ground Water Sampling Natural Site Packet Pg. 827 9.A.4.d LOCATION n ti 0 0 L Q L d J M M LO O O O O N N O N J d Packet Pg. 828 1i1frf11"`. i x „ ae YANREABILT. I EMERALD CIRJ i, Ax� tanrltcLDLAKERR, �� i i �°� a `� LL rJ61P,CHMOREST crmsL•PtiEOR SANGABRIEt LN i U' Z;y_ CJR Q1 2 M.ILL'P�O� RRlh r.; 1=WATkR [3� i V1 j d W M h wINDSONGCT' N DR �.,. O i; m'y L BARNSDURrLN g51ENpi1AKESCpI a: `� SUGARfdAGNOLIACIR i:RANc-.I' 1_tO550MDRR O CWANGEBLOSSC • TON OR .=1`-1� .•*- IL Nf '.ul n GIR p �..,� 4 <+iL1NTERswnv r r `i ARBOUR WALK CIR ,- y Y a y tiF,!� Innu°w PARK DR i t CIII, f so "impROHARRQ .� TRADE CEf{TERWAY � ¢ - - '..n Pd• � '1t06N7AINYIEWCIR --• �« 0�^ r JANRC'BLVD■tr'/\../%— - r SERVICE Z QI 10 RINC.lyWGni' I'- rr __ r, f - L- '� ♦ r r �.. .r■.4 : �. •f rig s a aRN15 A LN r. ' � �_ � ■ • � r h � � „jam. f I * �= � 1 I t; ? ` ~HCILL • q' /�� dt �w z SEWARWAVE COUGAR -DR TM•_ -ra •• i G ■ PINE RUN RD ' MEGAN LN 7-- w Lv f r l! fTf 4 r ■ n , a PINE RIWE n.� r•.rVt MIDGE FtU - ` PINE FU RU PINE DOE R� y► - - 9.A.4.d AT' w , a1 '` rr �p R. - 1 . v Ar t ,I s - i Ma Wise 2022 LOCATION Selected Custom Parcels A+ Streets MaoMtc , �E ►. / County Boundaries / V Parcel Outlines 0 59 118 177 f1 Copyright 2022 MapWise, Inc. All rights reserved, www.mapwise.com. This map is informational only. No representation Is made or warranty given as to its content, User assumes all risk of use, MapWise and its SUAPllers assume no responsibility for any lasses resulting from such use, Packet Pg. 830 9.A.4.d Owner and Property Description Owner Name_ LUTGERT MED CENTER LLC 4850 TAMIAMIA TRAIL N Mailing Address: NAPLES FL 34103 USA Site Address: 7007 AIRPORT RD N NAPLES FL 34109 Subdivision: ACRFAGE HEADER County: COLLIER Land Use Code: 99 Land Use Desc: Acreage not zoned agricultural Land Use FDOR Code: 99 Land Use FOOR Acreage not zoned agricultural Desc: Zoning: Acres: 5.03 PIN: 00238000005 PIN2: 238000005 ALTKEY: 000100 040 14A02 Last Data Update: 08/19/2022 .rM�. map vise cup Legal Description (not official) Parcel Map 2 49 25 COMM AT SE CNR OF SEC 2, N 2DEG W 1708.10FT, S 89DEG W 100.07FT W R!W SR 31 AND POB, S 89DEG W 660FT, N 2DEWG W 330FT, N 89DEG E Building Summary 2021 Certified Values Actual Year Suitt: Land: $1,625,000 Effect. Year Buitt: Land Agricultural: $0 Living SgFt: Building: $❑ Total SgFV Misc: $0 Adjusted SgFt: Just Value: $1,625,000 Beds: Assessed Value: $1,625,OOD Baths: Stories: Num. of Buildings: Recent Sakes Sale Date Book/Page Docnum Price Instrument Qualified Vac, or Grantor Impr. 2022-02-24 6091/3132 $5,610,000 2014-05-12 503711488 $2,982,900 2004-06-18 3589/3122 $1,550,000 1086-03-18 11851220B $220,00o 1981-10-01 9421992 $140,000 Sunbiz Corporate Data Title Name Addressi City State Zip Code Packet Pg. 831 9.A.4.d Map Layer Stats Soils MUID Map Unit Name Component Component Hydric Hydric Percent Name Pct Grp of Total 20 FT. DRUM AND MALABAR, FT. DRUM 45 NO AID 69.6 HIGH, FINE SANDS 3 MALABAR FINE SAND MALABAR 90 YES AID 0.8 32 URBAN LAND URBAN LAND 80 UNRANKED 29.6 TOTAL ACRES Land Cover 2019 (includes wetlands) LUCODE Description WMD YEAR Percent of Total 1700 Institutional SF 2017- 100 2019 TOTAL ACRES FLU Code Orange Blossom/Airport Crossroads Comm'I Subdis Urban Residential Subdistrict City name Acres 3.5 0.04 1.49 5.03 Acres 5.03 5.03 Future Land Use Description Jurisdiction County Percent Acres of Total UNINCORPORATED COLLIER 99.4 UNINCORPORATED COLLIER 0 TOTAL ACRES City Limits County Percent of Total Acres TOTAL ACRES Census Demographics Census Tract 12021010212 5 0 5.03 5.03 Packet Pg. 832 (andO peoM :podany :pa6jn-j ££5000OZZOZld : MSZ) uoi;eoilddd-3;uewLjoLjjV :juGwt43ejjv 51 Sit� aj 194 �`;aaWacW a i3�ayg z4 4e1 Low ®!� Qoh 10 - r c W " W•arge`a R z A E"x a s �h W sa a sW a 4 3®;d a av o w _ NRppRT-WWNG ROAD N 111 (STATE ROAD 31) SU _ OR y iz '° d -n....;aoc,�--�..�_. __.-_. .'"--xt�'. e�4 .JJ, cn•ue �.._�_.�__ 4��ey s _�ar,.amF fJaa�e �_ _Mj_ •S__—,_�_. F i (OR. 6G27, F'G W2) M M 00 a u is a 9.A.4.d SITE PLAN n ti 0 0 L Q L d J M M LO O O O O N N O N J d Packet Pg. 834 (and3 peob:podany:peBln-1 ££5000OZZOZ-1d : LAM) uoi;eoilddd-3;uawyoe;;b :;uewyoe;jd x w w ou- Z) wca aw CL w � En Z AIRPORT PULLING ROAD in r a w I LL ¢w Lu m Lu I U g � I �z �< i U m UQ Z �LLJ UJ J a -I H I Q I c7 Q w Lu OW Z ap I <w I Uz I I A, AGRICULTURAL ASSISTED LIVING FACILITY W LL LL aw �a. w Lu ❑v z ogr J U iY LU 0 M 00 a u m a I 9.A.4.d SOILS n ti 0 0 a L_ Q L d J M M LO O O O O N N O N J d Packet Pg. 836 COLLIER COUNTY SOIL LEGEND REVISED 1190 H. YAMATAKI IMRIC H 2 H 3 H 4 H 7 8 10 11 H 14 15 16 H 17 H 18 -� 2 0 21 H 22 H 23 H 25 H 27 H 28 29 H 31 —� 3 2 33 34 35 36 37 38 39 H 40 41 42 H 43 45 H 48 H 49 H. 50 H 51 H 52 - H 53 H 54 H 56 HOLOPAW FS, LIMESTONE SUBSTRATUM MALABAR FS. CHOBEE, LIMESTONE SUBSTRATUM AND DANIA MUCKS DEPRESSIONAL RIVIERA,- LIMESTONE SUBSTRATUM-COPELAND FS IMMOKALEE FS MYAKKA FS OLDSMAR FS, LIMESTONE SUBSTRATUM HALLANDALE FS PINEDA FS, LIMESTONE SUBSTRATUM POMELLO FS OLDSMAR FS BASINGER FS RIVIERA FS, LIMESTONE SUBSTRATUM FT. DRUM AND MALABAR .HIGH. FS BOCA FS CHOBEE, WINDER AND GATOR'SOILS, DEPRESSIONAL HOLOPAW AND OKEELANTA SOILS DEPRESSIONAL BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS DEPRESSIONAL HOLOPAW FS PINEDA AND RIVIERA FS WABASSO FS HILOLO LIMESTONE SUBSTRATUM, JUPITER AND MARGATE SOILS URBAN LAND URBAN LAND HOLOPAW BASINGER COMPLEX URBAN LAND IMMOKALEE OLDSMAR LIMESTONE SUBSTRATUM COMPLEX URBAN LAND AQUENTS COMPLEX ORGANIC SUBSTRATUM UDORTHENTS SHAPED TUSCAWILLA FS URBAN LAND MATLACHA LIMESTONE SUBSTRATUM BOCA COMPLEX SATELLITE FS DUR.BIN AND WULFERT MUCKS URBAN LAND SATELLITE; COMPLEX CANAVERAL BEACHES ASSOCIATION WINDER, RIVIERA; LIMESTONE SUBSTRATUM'AND. CHOBEE SOILS DEPRESSIONAL PAOLA FS (1-8 percent slopes) PENNSUCCO SOIL (marl prairie) HALLANDALE AND BOCA FS (slough) OCHOPEE FSL, PRAIRIE (marl) OCHOPEE FSL KESSON MUCK FREQUENTLY FLOODED ESTERO AND PECKISH SOILS FREQUENTLY. FLOODED JUPITER BOCA COMPLEX BASINGER FS, OCCASIONALLY -FLOODED Packet Pg. 837 9.A.4.d a f� , dR Rut ILI MP4� AD r 1 1 SOILS Selected Custom Parcels Streets Map Wise 17ft County Boundaries `yg7,�►,, Parcel Outlines 40 Soils Boundaries N I IN 0 59 118 177 ft Copyright 2022 Map Wise. Inc. All rights reserved. www.mapwise.com. This map is informational only. No representation is made or warranty given as to its C ontent. User assumes all risk of use. MapWii;e and Its suppliers assume no responsibility for any losses resulting from such use. Packet Pg. 838 9.A.4.d n ti 0 FLUCCS MAP / VEGETATION INVENTORY 0 L Q L d J M M LO O O O O N N O N J d Packet Pg. 839 9.A.4.ddR o IM M M t[1 O O O O N N O N J IL ti r 1 � s v 7 y •f C I F L. U C C S CODE Labels Drawing Points Drawing iv Lines Drawing Polygons Drawing Selected Custom Parcels Streets 05M Hybrid w County Boundaries I V Parcel outlines 0 120 240 360 ft Copyright 2022 MapWise. Inc. All rights reserved. www.mapwise.corn. This map Is informational only, No representation Is made or warranty given as to its rnntant. User assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use. Packet Pg. 840 9.A.4.d FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 744 Disturbed This parcel is void of native habitat. The parcel was previously cleared and was historically a farm field. This area consists of secondary growth. The vegetation present consists of herbaceous grasses with some scattered Slash pines, cabbage palms and live oaks. The following are plant species identified on site. Common Name Scientific Name Indictor Status Dominance/Stratum Slash pine Pinus elliotti FACW Cp,O Live oak Quercus virginiana FACU Cp,O Cabbage palm Sabal palmetto FAC M,O Ear leaf acacia Acacia auriculiformis Exotic C.O Brazilian pepper Schinus terebinthifolius Exotic M,C Guineagrass Panicum maximum FAC- GO Bahia grass Paspalum notatum UPL G,C Lantana Lantana camara FACU GO Sandspur Cenchrus echinatus FAC G,C Beggers ticks Bidens alha FACW G.O Chocolate weed Melochia corchorifolia FAC G,O Broom sedge Andropogon virginicus FAC- G,C Whitehead broom Spermacoce verticillata FAC GO Dog fennel Eupatorium capillifolium FACW GO Grape vine Vitis rotundifolia FAC GO Virginia creeper Ampelopsis quinquefolia FAC G.O Cat -briar Smilax spp. FAC G,C ABREVIATIONS — Canopy (Cp), Midstory (M), Ground Cover (G) Dominant (D), Common (C), Occasional (0) INDICATOR STATUS - Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FAC), Upland (UPL) SURROUNDING AREA 1447 LIBRARY 1742 NURSING HOME 189 SOCIAL CLUB Packet Pg. 841 9.A.4.d HISTORICAL AERIALS n ti 0 0 L Q L d J M M LO O O O O N N O N J d Packet Pg. 842 Page 1 0 / F.,Z- ti z 0 L 0 Q L_ Q L Qi J M M LO O O O O N N O N J d http://www,collierappraiser.comtmhmWoutputlCollier 1975_sde037004133764712 jpg Packet Pg. 843 9.A.4.d ffs 1995 Setected Custom Parcels County Boundaries N Parcel outlines 0 59 118 M'i Copyright M22 MapWiise. Inc, All rights reserved, www.rmapwise.corn. This map is informational only. No representation is made or warranty given as to its content, User assumes all risk of use. MapWlse and Its suppliers assume no responsibility for any lass*s resUlt ng from such use. Packet Pg. 844 9.A.4.d LUTGERT PARCEL LISTED SPECIES SURVEY Collier County, Florida SEPTEMER 2022 Prepared By: Collier Environmental Consultants, Inc. 3211 68t' Street SW Naples, Florida 34105 (239) 263 - 2687 marcoe@prodigy.net Packet Pg. 845 9.A.4.d Introduction / Purpose This survey and report are based on fieldwork performed during September 2022. Required to meet county review requirements, its purpose, is to identify and describe key habitats and report any listed species using the site that would be at risk due to possible future development actions on the site. Site Description The site consists of approximately 5 acres and is located in Section 2, Township 49, Range 25; in Collier County, Florida. This parcel is located at a very busy intersection The parcel is just south of the intersection of Airport -Pulling Road and Orange Blossom Drive. The parcel is on the south west corner of the intersection. Historically the area was in row crops. The entire region was farmed. The parcel remains cleared except for secondary growth and some scattered Slash pines. The ground cover consists of varying graminoids. Key Species Discussion Big Cypress Fox Squirrels Big Cypress Fox Squirrels are known to use similar habitat found onsite. Observations were keyed to searching for signs or calls of these animals, such as leaf nests in canopy trees or the distinctive chattering of territorial squirrels. No individuals were observed during this study. Bald Eagle A search of Florida Fish and Wildlife Conservation Commission nest locator shows a nest approximately a mile to the north west of the property. Florida Black Bear No individuals were observed during this survey even though Black bears are known to inhabit the general area. Special attention was given for signs such as scraps, tracks and scat. This mammal has a large home range and is known to inhabit the area. Packet Pg. 846 9.A.4.d Bonneted Bat The Florida bonneted bat is the largest species of bat in Florida. Previously known as the Florida (Wagner's) mastiff bats these bats were reclassified as a separate species unique to Florida. The species can grow to a length of 6.5 inches with a wingspan of 20 inches. This is a flying mammal free to traverse great distances. Examination of all trees with potential cavities was conducted. No individuals and/or guano were found. This project is not anticipated to negatively impact the species. Florida Panther No individuals have been documented utilizing this project site or identified during this survey_ This species does have a large home range and is known to inhabit surrounding areas. The site is not in the Panther Consultation Area. Gopher Tortoise No Gopher tortoise burrows were located/identified on site. Conclusions Transects were walked on straight compass bearings along a grid spaced at approximately 10 yards apart for the entire parcel. Other transects were primarily meandering transects This parcel has very limiting factors for any wildlife utilization. This parcel is void of vegetation and located in the urban area. Two roads border the parcel. To the north you have Orange Blossom Drive and to the east you have Airport -Pulling Road. Development borders the subject parcel to the west and south. During this survey there was a lot of high traffic noise and human disturbance. This corner is a high traffic area. The heavy traffic patterns and associate noise has a limiting factor on this parcel as suitable habitat. As a cleared field with secondary growth, examination for a species such as Gopher tortoises was carefully considered. In addition, careful examination of exting trees for cavities was also done. None were found The main vertebrates encountered were birds traversing the subject parcel. Packet Pg. 847 9.A.4.d WILDLIFE SPECEES OBSERVED Common Name Amphibian & Reptiles: Brown anole Birds: Dove- mourning Bluej ay Gray catbird Northern mockingbird Cardinal Killdeer Species Anolis sagrei Zenaida macroura C anocitta cristata Dumetella carolinensis Mimus pol lY Richmondena cardinalis Charadrius vociferus Status Packet Pg. 848 VANDERBILT•BEACn RD CJ~. L[L3 4� 1► "..-T r ..... i�. .v0ooVE N- t !� .41 IMLR nLa _ r MtRALp LAKE UK. z � •,' •� - r I 1 1 - I..\N {1 ` �.dClr i r iw7 .y. .. •r_ � _ BIRCHMORL STD CITRUS L•A,.L OR . '�� SAN GAHRhFI. LN � " z U • "-.,� 5 � 8Arr1r,{;ti'Ar a r r. W tR IfA rj:Vn�o Tci r . 1 ��_ rrlwr R It 3 Fp�,4,Cr ti.It - r • _ ♦ VPNJSONC (A 'e ��• �\ /ON DRLO cl c m • Y- r x SIENq WOES Cliff r, �!, 8AR k5Bl}RY LN D 4 w7c n ORANGE BLOSSOM DR — gUGAR MAGNOLIA CIR � N ORAl�IGE B'~psy yr. TON DR 0._ - IL REGA►O IR• i - a _. w c HUNTERS WAY ?012 ARBOUR WALK CiR p a _ cl WMLOW PARK -DR f° ----�; ,CORORADo r ' o �[p �.■■�I .ra1�[igol�f11!llllwl'ISti�IA,i� r; 2 7TRADE CENTER•WAY cr •1�14��Y1!la "d,:.. 1• �, 1..- C! ur"i z .,�L —■ w.1�-s M rr NJANDCBLVD9�t�� FOtlNTAiNVI'WCI� �i+ 0) - j'i r m /'1 ! f� i r i1 r II _ L s�� w r Z Al m .w ... ��•...� I� ♦ _% !' - 9. SERVICE DR [n M M G rji n• �...� 111� rE!` ■' ,c�� *► ARD15:ALN j� HOLLYWOOO DR �d sewAv'e = r .+ +..-,• y ,• COUGAR OR G1y = � K � �. • AIN£ RUN RDii 0 pr _y � y = + •� YMCA RJ MEADOW CT PINE RIDGE R P'.NE RIDGE RD --PINERIOCCERD PINE RIDGE RD 9.A.4.d t�l _ At , X� AM 1 t Ma Wise 2022 _ LOCATIONSelected Custom Parcels 1 Streets MapWise V County Boundaries A V� Parcel Outlines 0 59 118 177 n Copyright 2022 MapWlse. Inc, All rights reserved. www,mapwise,com, This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use, MapWise and its suppliers assume no responsibility for any losses resulting from such use. Packet Pg. 850 9.A.4.d ' ►"Will I r ',it I O V F L U C C S CODE Labels Drawing Points Drawing iN Lines Drawing Polygons Drawing Selected Custom Parcels Streets OSM Hybrid County Boundaries Parcel Outlines 1 I 0 120 240 3601i Copyright 2022 MapWise. Inc, All rights reserved. www,mapwisexarn. This map is informational only. No representation Is made or warranty given as to its content. User assumts All risk of use. Mepwise and its suppliers assume no responsitillity for any Iosses resulting from such use, Packet Pg. 851 9.A.4.d FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 740 Disturbed This parcel is void of native habitat. The parcel was previously cleared and was historically a farm field. This area consists of secondary growth. The vegetation present consists of herbaceous grasses with some scattered Slash pines, cabbage palms and live oaks. The following are plant species identified on site. Common Name Scientific Name Indictor Status DominancelStratum Slash pine Pinus elliotti FACW Cp,O Live oak Quercus virginiana FACU Cp,O Cabbage palm Sabal palmetto FAC M,O Ear leaf acacia Acacia auriculiformis Exotic C.O Brazilian pepper Schinus terebinthifolius Exotic M,C Guineagrass Panicum maximum FAC- G,O Bahia grass Paspalum notatum UPL G,C Lantana Lantana camara FACU G,O Sandspur Cenchrus echinatus FAC G,C Beggers ticks Bidens alba FACW G.O Chocolate weed Melochia corchorifolia FAC G,O Broom sedge Andropogon virginicus FAC- G,C Whitehead broom Spermacoce verticillata FAC G,O Dog fennel Eupatorium capillifolium FACW G,O Grape vine Vitis rotundifolia FAC G,O Virginia creeper Ampelopsis quinquefolia FAC G.O Cat -briar Smilax spp. FAC G,C ABREViIATIONS — Canopy (Cp), Midstory (M), Ground Cover (G) Dominant (D), Common (C), Occasional (0) INDICATOR STATUS - Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FAC), Upland (UPL) SURROUNDING AREA 1447 LIBRARY 1742 NURSING HOME 189 SOCIAL CLUB Packet Pg. 852 9.A.4.d BLACK BEAR CALLS 10114/2022, 9:04:18 AM 1:9.028 0 0.05 0.1 0.2 mi 'r Black Bear Calls 0 0.1 0.2 0.4 km Honda Fish and Wlldlite Conservation CommissKWn Fish and Wildlife Research Instituie, State of Flonda. Maxar. County of Collier Esri. HERE Cwrm-n, GeoTsafwv"mn, mit Lststta,nxr 1 hre 91anh"I r®preasntal'al is prnvrded In IWOMaUdiii purposes ahtl ahoun ndt 06 "WIWWsd authonta%* for navrgatWnal enpneenng Packet Pg. 853 t . '. � ��ii � c .Q �• .« �r r '"11• � is � " - � low - zar W` -a W ° 4 _ QT` °. 12. AT kAZ W �. ♦ 511 C {lyi.'� 'Y�•• a ago O �•� • _ rr[C 40 ti .�:2cc - o sF b •VN ' uj atr' �" W ice•!!`tft il[, � • � �}��•-�. -ate }', i • -# �1 -`-d� .'`_ NA T`�• , `" ' da lit 'loon" aA7 Ali S L ti ar• ` CL do Ae •. l 1,4 Ix i 9.A.4.d do M T� A = J' 1 Y. r. - •r- . M r. z Ma Wise 2022 TRANSECT WALKED Labels Drawing Points Orawing IV Lines Drawing Polygons Drawing Selected Custom Parcels Streets OSM Hybrid County Boundaries IV Parcel Outlines D 59 11A 177It Copyright 2022 Mepfta, Inc. All rights reserved, www,mapwise.com.This map Is Informational only. No representation Is made or warranty given as to its OntMt, User assumes all ruff of us*, 4Mpw15! #ntl Its suppllar! 01"Urno no rRtpOnsibillty for piny lasses resulting from such use. Packet Pg. 855 9.A.4.d TREE SURVEY n ti 0 0 L Q L d J M M LO O O O O N N O N J d Packet Pg. 856 (ondO peoN jjodjiV ljeB;n-1 CESOOOOZZOZ-ld : L6VSZ) uoileoilddV-0 juewt4oe44V:1uOw'43e14V 5P 2! ,M�21 w Ta Frill 4W. 12 is � NPh 9) ■ A M ' a Ln G o O w O O N N O N J � a aU 0 0 N R F a z u s rn � M c\ cu OC \\ O Q \ - \ \\ ^ iaj - bba F J I" } (~.) 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TRAF rrlc/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT Lutgert Airport Road CPUD (Collier County, Florida) October 10, 2022 Revised December 14, 2022 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Major Study) Review Fee=$1,500.00 Prepared by: JMB TRANSPORTATION ENISINEERING, INO. 4711 7TH AVENLE SW NAPLES, FLORIDA 341 1 9 CERTIFICATE OF AUTHORIZATION No. 27830 WM$ PR4aECT No. 22031 1 ) �ow5igned 6y: ,,4Eiyylk��r'^�'ry�Ti��. E51908i4023E•+7F t•' A,M�6 �. e "� rfi� DNS •��,�'. ti N❑ 4g6❑ _ STq T�- FAME Ei W BA KS,'P. ❑ FLDRt REG. N D. 4'9'� �l]' �- EC�1 � iEll lll!ll�� Packet Pg. 859 DocuSign Envelope ID:81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.4.d TABLE OF CONTENTS Conclusions Methodology Scope of Project Table A - Proposed Land Uses Master Concept Plan Figure 1 - Location Map Project Generated Traffic Table C - Net New Site -Generated Trips Table 1 - Trip Generation Computations Existing + Committed Road Network Project Traffic Distribution Area of Significant Impact Figure 2 - Project Traffic Distribution Figure 3 - Project Traffic Assignment Table 2 - Area of Impact/Road Classification 2022 thru 2026 Project Build -out Traffic Conditions Table 3 - 2022 & 2026 Link Volumes Table 4 - 2026 Link Volumes/Capacity Analysis Appendix 1 F, 3 3 3 3.1 3.2 4 4 4.1 5 5 5 5.1 5.2 5.3 6 6.1 6.2 7 a Packet Pg. 860 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.4.d Conclusions Based upon the findings of this report, it was determined that Lutgert Airport Road CPUD will not have a negative impact upon the surrounding road network. It was verified that all roadways, within the project's area of significant impact, currently have a surplus of capacity and can accommodate the traffic associated with the proposed project. As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. Because Lutgert Airport Road CPUD will not cause any transportation deficiencies to occur, the Developer will not be required to fund any off -site roadway improvements/mitigation, other than the payment of road impact fees, which will be used to fund a portion of the costs of area -wide improvements as established by Collier County's CIE and Long -Range Transportation Plan (LRTP). More specifically, the Developer will be required to pay for the project's portion of "consumed" capacity via payment of road impact fees. As set forth by Collier County's Impact Fee Ordinance, the fees are a pro rats assessment towards the funding of area -wide transportation improvements in order to support new growth. The amount of road impact fees paid per type of land use are determined via a "consumption -based impact fee approach", in which new development is charged based upon the proportion of vehicle -miles of travel (VMT) that each unit of new development is expected to consume of a lane mile of roadway network. The cost of consumed lane mile is based upon current roadway construction costs within Collier County. Therefore, the payment of road impact fees is the project's pro rata share of funding transportation improvements that are deemed necessary to support the demands generated by new growth. Methodology On August 23, 2022, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The $500.00 methodology meeting fee will be paid at the time of submitting the SDP application. Based upon staff review, the methodology was revised to include the traffic distribution based upon the use of the PSUTMS model. A copy of the revised TIS methodology (dated September 7, 2002) has been provided in the appendix (refer to pages M i thru M 12). 2 Packet Pg. 861 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.4.d Scope of Project Lutgert Airport Road CPUD is a proposed medical /professional office development with incidental retail use and self -storage space. The medical/professional office space (including incidental retail) will consist of 75,000 square feet of floor space, and the self - storage will be 104,000 square feet of indoor space (for a more specific list of potential land uses refer to the SIC codes provided in the Appendix — pages Al thru A4). The site is located on the west side of Airport -Pulling Road and south of Orange Blossom Drive, within Collier County, Florida- The project proposes to construct one (1) right-in/out access on Airport Pulling Road and have one (1) full on Orange Blossom Drive, which will be shared with an existing land use known as the Italian American Club_ The Lutgert Airport Road CPUD is expected to be constructed by or before the year 2026. For additional details, refer to the MCP plan (page 3.2). Tahle A Proposed Land Uses Proposed Land Uses SIC Codes Size Medical/Professional Refer to pages A 1 thru A2 75,000 s.f. Office Includes incidental retail Self -Storage 4225 104,000 s.f. Packet Pg. 862 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.4.d Immokalee Rd Piper Rd IJ —� rw I � Irnmakdlee Rd—d ' a I O 0 a o m m I a v m m I ~ m I I A 0 Y O I C� WORTH cc 1 N.ms. c� a J 1 a I Vanderbilt Beach 4 on C 4 m mr - ViIlagewalk Circle kl'-��O�roneossam Dr 1n1 Daniels Rd J II 1 Hunters Rd r 1 Arbour Wal Sandalwood Ln Trade Center Wayr Osceola Trail J & C Blvd v Sable Rdi a Ln g rn o: `o m F Lny Bottlebrush Ln r Naples BIvd J C I ILivingston Woods Ln Pine R ge Roa I Kromer 4- 0 Pompei Ln I o o N el~O I I [ 3 9 G� I LEGEND INTERSTATE Hr-HVIY pad° I I 6—LANE ARTERIAL �r i 4—LANE ARTER COU ECTa7R I2—LANE ARTER COLLECTOR 2--LANE COLL.E /LOCAL ��}} I RL ROAD g vAraTRAN6PdRTA71ON �NCaLNEERINI�, INCAI . Lutge rt Airport Road C P U D Project Location & August 16, 2022 Roadway Classification 3.1 FIGURE 1 Q Packet Pg. 863 e11A (and3 Pe0N:aodald:pe6;n-j ££5000OZZOZ-1d : L6ti9Z) uol;eollddd-3;uowt4oe};d :;uewt4oe;;d It Q G Q O 11 ao q 3 ^ ry _ u LL LL m U w >- CL W¢ U 0 AIRPORT PULLING ROAD 4 N o 04 _ N LL 5 aw -I I Z) Q o I I rvn z I W I w I I I Q y 2 I E I w I X� g I I ww -I I 22 V m _ 22 U _ 1 I - �- L) J - Q U W 7 U` C w z Lit 0 Q U] C p z I cn ¢ _^ $ n Q G� �V �} II ww In wz I ww �� z I w < I z LLu w m (L J w F- f W (-) d) �. 3: Im Z m 2 A, AGRICULTURAL ASSISTED LIVING FACILITY It to 00 6 a d Y u m a J. Z DocuSign Envelope ID: 810E8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.4.d Project Generated Traffic Traffic that can be expected to be generated by Lutgert Airport Road CPUD was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, I It' Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use codes Medical Dental Office (LUC 720) and Mini -Warehouse (LUC 151) were most appropriate in estimating the new trips. As determined, the project will generate 195 vph and 31.8 vph new trips during the AM and PM peak hours, respectively. Table 1 depicts the computations performed in determining the total new trips. Table B provides a summary of the trip generation computation results that are shown in Table 1. Table B Site -Generated Trips (Summation offable 1) New Daily weekday New AM Peak Hour New PM Peak Hour Trips Generated Trips Generated Trips Generated ADT (vph) h 3,266 195 318 The report concludes that the project will generate more than 100 new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "more than 100 trips", which is defined as a major study. 4 Packet Pg. 865 Docu Sign Envelope ID: 81 OE8722-AFE4-0671-8DD5-A3 F6A837CA84 9.A.4.d TABLE 1 TRIP GENERATION COMPUTATIONS Lutgert Airport Road CPUD Land Use Code Land Use Description Build Schedule 151 Mini -Warehouse 104,000 s.f. 720 Medical -Dental Office 75,000 s.f. 0 Land Use Trip Generation Equation a Code Trip Period (Based upon_ S_.1 Total Trips Trips Enter Exit v LUC 151 Daily Traffic (ADT) = T = 1.45(X) = 151 ADT 0 AM Peak Hour (vph) = T = 0.09(X) = 9 vph 5 / 4 L 7-9 AM 59% Enter/ 41% Exit = a PM Peak Hour (vph) = T = 0.15(X) = 16 vph 8 / 8 Q 4-6 PM 47% Enter/ 53% Exit = a, LUC 720 Daily Traffic (ADT) T= 42.97 (Xj - 108.01 = 3,115 ADT M AM Peak Hour (vph) = Ln(T) = 0.90Ln(X)+1.34 = 186 vph 147 / 39 vph LO 7-9 AM 79% Enter/ 21% Exit = 0 o 0 PM Peak Hour (vph) = T= 4.07(X) - 3.17 = 302 vph 91 / 211 vph N 4-6 PM 30% Enter/ 70% Exit = N k#*************x********k*******#***********k*********************#********#*** J d TOTALS ti r Daily Traffic (ADT) = 3,266 ADT Lo AM Peak Hour (vph) = 195 vph 152 / 43 vph N PM Peak Hour (vph) = 318 vph 99 / 219 vph o r a a a s r E r w a E t r r a Packet Pg. 866 DocuSign Envelope ID: 810E8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.4.d Existing + Committed Read Network Figure 1 and Table 2 provide a detail of the surrounding E + C roadways. Table 2 also depicts the adjacent roads' respective minimum level of service performance standards and capacity. The principal arterial that will provide immediate access to Lutgert Airport Road CPUD is Airport -Pulling Road and secondary means of ingress/egress will be provided via a shared -use full access on Orange Blossom Drive. Airport Pulling Road is classified as a six -lane arterial. The road functions as a primary north/south corridor that extends between its northern terminus at its intersection with lmmokalee Road and its southern terminus at its intersection at U.S. 41. Within proximity of the site, the posted speed limit of Airport -fulling Road is 45 MPH. Orange Blossom Drive is classified as a two-lane arterial, which extends east/west between its intersection with Goodlette-Frank Road and its intersection with Livingston Road. Project Traffic Distribution The project's traffic was distributed to the surrounding roadway network based upon the Florida Standard Urban Transportation Model Structure -District 1 (FSUTMS) and the model's applicable TA , land uses/distributions (refer to the FSUTMS results in the Appendix -see page M12). Figure 2 and Table 2 provide a detail summation of the traffic distributions based on a percentage. Table 2 and Figure 3 also depict the project traffic by directional volume. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Figure 2 depicts the project traffic distributions and Table 2 describes the level of impact on the surrounding roadways. Roads that were identified as being within the project's area of impact are shown in Table 2. Packet Pg. 867 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.4.d � � 1 J 5% Immokalee Rd $% ► 8% -! � I� Immokalee Rd ■ f I � 1 � a � y m V � a i a i I ` d a NORTH a= I N.T.S. I � 0-I � I 3 a 249� 18% HVanderbilt Beach R H I ! n Vilagewalk Cirde 1 '---- Qaniels Rd 5 range Blossom Dr I IHunters Rd t Arbour wol a Trade Center Way Sandalwood Ln I t I Osceola Trail c J & Ivd BNd I 4 a Sable Rd' a Ln o (n N I 13ot}le6ru3ll I n I■ } Noples� ILiVin ston Woods Ln ! 7 20� 18% 7% Pine Ri ge Roa Kromer � w ww� w w '''"ITTYYY" v I Pompei Ln p I -M '� IG g�d I I Granada II LEGEND JIMTRANSP❑RTATION ENGINEERING, INC. 24 Prdje.rt Traffic Diatributian Lutgert Airport Road CPUD Project -Generated FIGURE 2 Traffic Distribution December 14, 2022 9.1 1Packet Pg. 868 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.4.d Immokalee Rd � 5 -8� r 8 lmmakolee Rd 11 i I ■ a 1 � M I i 3 L 3 2. 0 a 0= C _ C � m J `I I NORTH CO r I ^ N.T.S. s zse 20 � �Vonderbilt Beach �T orange Blossom Or �T ViIlogewalk Circle i 1 fi Oaniels Rd 3 TC14 T� � taunters Rd I I Arbour Wal Sandalwood Ln Trade Center Wo i y Osceola Trail v J & C Blvd Ic SplNe Rdi a Ln �m 0 I ! Bottlebrush Ln } Noples Blvd' I L"svin ston Woods Ln 20 ■ Pine Ri ge Raa 20I Kramer I 11 a Pompei Ln o: I a � �$ I @Wa I I 1 �Canodu I I I I I LEGEND 1MTRANSPORTATIt7N ENUINLERING, INC. I Pne s. PM Pk fir Project Traffic Lutgert Airport Road CPUD Project -Generated FIGURE 3 Traffic Assignment December 14, 2Q22 S Z 1 Packet Pg. 869 n Envelope ID:81OE8722-AFE4-0671-8D65-A3F6A837CA8O `0°a`nimn�'ia`ni0 o v a 000o a a a o❑ o 00 Q g z z z z z z z z z z z z z z z z a� ❑ o D o 0 0 ❑ v v v v ❑ v ❑ ❑ v v ❑ ❑ d 0 C7 00 P— I• v CV 0� CO t• if) N 'Q' W r-- C3 r V i C7 m (0 f-- tr) U7 US M N 'T N Q Lr) r O r 'T co 0 C7_JE � a-N c•7 V N C7 0 d CD C7 CD C7 CD Q r r r r p r a C.7 ❑ ❑ ❑ ❑ P ❑ P O ❑ ❑ D ❑ ❑ O ❑ O O ❑ ❑ 4 o o a O O o o r N CV N N CV M co m m m m m N C'V N N N CV N N a7 A. fY p c v] us U) z z w <n w z z LU 5 w w a z d x p Y p- cv m °� av ao �n M Cp r n N cn C) N � co Cp rL a 0 z o Y � z z z w 0 w w z z to cry � w w � w w � Lu a a 0- H U Q O ❑ r (O 0 ' c0 C CU t- C) CA N to � Im 00 � 07 N c ) r t10 r r r It CO N M r m IL (L LL O [] U a 0 0 a v v v v ❑ a v W 0 D 0 a o q o o oO 0O r oO o o v a v o 0 Q a��N�W i, r)o❑ co�000�cO� s-Nm T N — M� W wa o i 1000C)C> oa0 0 00 0 000 0 00 CD J {/] 0 w 00000 000 0000 0 0 0 CD 0 0 riC� m u3 3Scvvvvo rrU) CD coC)m cn o0 Mo Q �... in j N m C7 ro M coM CO COM N7 CV ['7 m CV CI) co r r LU � a O a�� x ol❑wwww www ❑wurw www w w w ❑❑ a aca w w in n 00 rf Y a o o a o o ❑ x p °2 0 a N v d to S c Q c CD p ❑ d p G] 'o c ¢ u] y cc4 h N r Q 0. C 7pO ul Q 7 r6 JN ❑ 03 e. J ` 0 ❑ E CQ _ Q m II co V7 O li -0 � O Q' ❑ (n ❑ O ❑ LL O ❑ 7 li a @ an d v a m m o °' 73 w o m o S P C O p N ❑ '_ a ❑ ❑ C LI's U C q1 ❑ N N 0 0 N O N r N O (] m .❑ 6 ,- N N N N M M r M r N N N C6 V 0 ti7 �[] LO sD rD rD.-- a ) F R C � iL z fG to l7 E U U_ C O ❑ ❑ - li C3 0 Q 6 — F H a.m 6 'a Z f0 O❑ + +• At CD i UPS 0 c a s Q g 5.'3 z d> 0 DocuSign Envelope ID: 81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.4.d 2022 thru 2026 Project Build -out Traffic Conditions In order to establish 2022 thru 2026 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hourlpeak direction factor and annual growth rate were derived from the 2022 Collier County AUUIR Report. Using the annual growth rate, the 2022 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2022 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The 2026 vested trips "+" background traffic volumes are depicted in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2026 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a surrunary of the 2022 thru 2026 traffic conditions and the roadways' level of service and remaining available capacity. As determined, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out. Packet Pg. 871 (ond0peoN jjodjiV emn][£ OOOOZZ Z d:L�t Z ummm@dd 0 Wemt4,m; : emt4»q 04 � I- Q ■ � \ a k ! 2 / q $ 2_= o r r r m« § 2 % j \ § § § G 2 ) 2 iL m k a. rL /rz/ ¥ @ p p co cl) m > C \ W / ® ® J \ 2 § « / 2 @ > ©« G CL y 6 � 2 $ 2 A < w a w N a� W J < z z z z « « « F- W N Cp % \ / $ (} / o 2> 0 aQ«> m a B 0*4 v 04 m 2 \ k / Q ) > } 0 / COL k a § 0 \ \ \ §w [f{{ Z > 6 G § J R m Q § E § ) / ( ,Env elope r e _722 — e,m— a «_s c , \ z: m Q 2) j / ■ �� a \ 0 o �D o I t g r LO r e ?» § / 2 j / \ / %) % o m 0- Y a � ƒ+§@ G 8 8 c o ) � R \ \ � > � co co A e k 0 A= o = 3 « m ° " k m X ~ \ \ G $ m IL » } m m co z Lu$ Z z § A + _ E x � � r (c r n » U z a/ cl z z aLti 0. Q � - LU 0 2 ± � § m R r o 0 0 o m u ui > } f/ � §�z z z z a s z2± Q 0 { t o (NJ ]A ® o (0a � CO G G t � 0 0 o 0 0 o m o 0 2 G 2 2 0 o N R to/ R w& 2 m I > � k _ k M E L § 2 0 E \ £ § G ) $ e R - C� Cj §cm \ (0,-1- 00 a \ a < 0 DocuSign Envelope ID: 810E8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.4.d APPENDIX Support Documents 0 a U O O O a L_ Q.+ L 3 J M M LO O O O O N N O N J d C N E t V R a+ a+ Q Packet Pg. 874 DocuSign Envelope ID: 810E8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.4.d EXHIBIT A LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMD), the Land Development Code (I_DC), and the Administrative Code in effect at the time of approval of the first Site Development Plan {SDP} or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 75,000 square feet of general commercial and office floor area and a maximum of 104,000 square feet of indoor mini storage or auto storage shall be permitted within the CPUD. 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. Accident & Health Insurance Services (SIC 6321); and 2. Accounting services (SIC 8721); and 3. Adjustment services (SIC 7322); and 4. Advertising (consultants) agencies (SIC 7311); and 5. Architectural services (SIC 8712); and 6. Auditing service, accounts (SIC 8721); and 7. Banks, Federal Reserve (SIC 6011); and 8. Banks, commercial: national (SIC 6021); and 9. Banks, commercial: not chartered (SIC 6029); and 10. Banks, commercial: state; and (SIC 6022); and 11. Banks, savings: Federal (SIC 6035); and 12. Banks, savings: not federally chartered (SIC 6036); and 13. Barber Shops, except for barber schools (SIC 7241); and 14. Beauty Shops, except for barber schools (SIC 7231); and 15. Bookkeeping Services (SIC 8721); and 16. Business Consulting Services, not elsewhere classified (SIC 8748); and 17. Civic, social and fraternal associations (SIC 8641); and 18. Collection Services (SIC 7322); and 19. Commodity Contracts Brokers & Dealers (SIC 6221); and 20. Computer maintenance and repair (SIC 7378); and (Lutgert Airport Road CPUD PL20220000533) October 14, 2022 Page 1 oj'10 At I Packet Pg. 875 DocuSign Envelope ID: 81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.4.d 21. Computer processing services (SIC 7374); and 22. Computer programming services (SIC 7371); and 23. Credit clearinghouses (SIC 7323); and 24. Credit Reporting Services (SIC 1323); and 25. Credit unions, Federal (SIC 6061); and 26. Credit unions, State: not federally chartered (SIC 6062); and 27. Data processing consultants (SIC 7379); and 28. Data processing services (SIC 7374); and 29. Debt counseling, no other miscellaneous services (SIC 7299); and 30. Dentist office/clinic (SIC 8021); and 31. Direct mail advertising service (SIC 7331); and 32. Doctors - Medicine offices & clinics (SIC 8011); and 33. Doctors - Osteopathy offices & clinics (SIC 8042); and 34. Doctors - Chiropractors offices & clinics (SIC 8041); and 35- Drug stores (SIC 591.2); and 36. Eating places (SIC 5812); and 37. Engineering services: limited to industrial, civil, electrical, (SIC 8711); and mechanical, marine and design 38. Essential Services, subject to LDC 2.01.03 including existing (SIC 3663); and radio and television broadcasting and communications equipment 39. Fire, Marine & Casualty Insurance Services 40. Health practitioners - not elsewhere classified 41. Home health care services 42. Hospital & Medical Healthy Services 43. Insurance Carriers, not elsewhere classified 44. Investment Advice 45. Life Insurance Services 46. Land Subdividers & Developers 47. Landscape architects, consulting & planning 48. Legal services 49. Loan brokers 50. Management Services 51. Management Consulting Services 52. Medical equipment rental and sales 53. Mortgage Bankers & Loan Correspondents 54. Miscellaneous Business Credit Institutions (Lutgert Airport Road CPUD PL20220000533) (SIC 6331); and (SIC 8049); and (SIC 8082); and (SIC 6324); and (SIC 6399); and (SIC 6282); and (SIC 6311); and (SIC 6552); and (SIC 0781); and (SIC 8111); and (SIC 6163); and (SIC 8741); and (SIC 8742); and (SIC 7352); and (SIC 6162); and (SIC 6159); and October 14, 2022 Page 2 of 10 Al Packet Pg. 876 DocuSign Envelope ID: 81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.4.d 55. Membership Organizations, not elsewhere classified 56. Optometrists -offices & clinics 57. pension, Health and Welfare Funds Services 58. Personal Credit Institutions 59. Photographic Studios, Portrait 60. Podiatrists - offices & clinics 61. Public Relations Services 62. Radio, Television & Publishers Advertising Representatives 63. Real Estate Agents and Managers 64. Secretarial and Court Reporting Services 65. Security Brokers, Dealers & Flotation Companies 66. Security and Commodity Exchanges 67. Services Allied with the Exchange of Securities or Commodities, not elsewhere classified 68- Shoe Repair Shops and Shoeshine Parlors 69. Short -Term Business Credit Institutions, except agricultural 70. Surety Insurance Services 71- Tax Return Preparation Services 72. Title Abstract Offices 73. Title Insurance Services 74. Travel Agencies (no other transportation services) 75. Veterinary Services, excluding outdoor kenneling 76. Warehousing and Storage, Indoor Mini and Auto Storage (SIC 8699); and (SIC 8042); and (SIC 6371); and (SIC 6141); and (SIC 7221); and (SIC 8043); and (SIC 8743); and (SIC 7313); and (SIC 6531); and (SIC 7338); and (SIC 6211); and (SIC 6231); and (SIC 6289); and (SIC 7251); and (SIC 6153); and (SIC 6351); and (SIC 7291); and (SIC 6541); and (SIC 6361); and (SIC 4724); and (SIC 0742) ; and (SIC 4225) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of2onIng Appeals (BZA) or the Hearing Examiner by the process outlined in the LQC. B. Accessory Uses: Accessory Uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Courtyards 2. Covered parking 3. Gazebos 4. Outdoor dining area 5. Walls and fences 6. Water management (Lutgert Airport Road CPUD PL20220000533) October 14, 2022 Page 3 of 10 A3 I Packet Pg. 877 DocuSign Envelope ID:81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.4.d Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined bythe Board ofZoningAppeals (BZA) orthe Hearing Examiner by the process outlined in the LDC. (Lutgert Airport Road CPUD PL20220000533) October 14, 2022 Page 4 of 10 A j- I Packet Pg. 878 ❑omSign Envelope IQ: 81DE8722-AFEO-4671-BDD5-A3FBA837CABO I I 9.A.4.d I JMB TRANSPORTATION ENGINEERING, INC. TRAFFIcITRANSPORTATIdN ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT METHODOLOGY Lutgert Airport Road CPUD (Collier County, Florida) August 23, 2022 Revised September 7, 2022 CounN TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Major Study) Review Fee=$1,500.00 Prepared by: JMB TRAN9pi3RTATu3N ENGINEERINra, INC. 4711 7TH AVENUE SW NAPLES, FLORIDA 341 19 CERTIFICATE cir AUTHORIZATION ND. 27830 WMB PROJECT No. 22031 1 ] 1-4 4'-7-Zr7z7- JAMES M ANIC8, P.E. DATE FLORIDAMEa. No. 43860 i I Packet Pg. 879 DocuSign Envelope ID:81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.4.d APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:8-23-2022 Time: Location: Collier County Government Offices (North Horseshoe Drive People Attending: Name, Organization, and Telephone Numbers 1) James M. Banks, JMB Transportation Engineering, Inc., 239-919-2767 2) Michael Sawyer, Collier County Government 3) Study Preparer• Preparer's Name and Title: James M Banks P.E. President Organization: JMB Trans ortation Engineering, Inc. Address & Telephone Number: 4711 7th Avenue SW Na les Florida 34119 239 -919- 2767 Reviewer(s)• Reviewer's Name & Title: Michael Sawyer Collier County Transportation Division Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: Lutg_ert Airport Road CPUD Location: West side of Airport Pulling Road and south of Orange Blossom Road Land Use Type: Medical/Professional Office (incidental retail) and self storage ITE Code #: LUC 151 and LUC 720 Proposed number of development units: 75,000 s.f. of Office and 104,000 s.fof self- storaize Description: Zoning: Existing: Comprehensive plan recommendation: Requested.: Findings of the Preliminary Study: See the attached AnpsM.dots.Sue.neW481204edbuac2ch+Vaskop'FfWCW20311 Lutger! Med-cad 0ftSA1effiW*gfRep01tdoc W I Packet Pg. 880 DocuSign Envelope ID: 81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.4.d Study Type: Major -Scale TIS Study Area: Boundaries: Based Won the Coup 's 2% 2% & 3% im ct rule. See attached Additional intersections to be analyzed: None Horizon Years): 2026 Analysis Time Periods): PM Peak Future Off -Site Developments: None o a Source of Trip Generation Rates: TTE Tri Generation Manual 1 Ith Edition see Table 1 v 0 Reductions in Trip Generation Rates: Pass -by trips: None Internal trips (PUD): Q Transmit use: a� Other: 3 J Horizon Year Roadway Network Improvements: Collier County's S-y_ear CIE. M 0 0 CD CD N MethodoloEy & Assumptions: N Non -site traffic estimates: See Attached a Site -trip generation: See Table I Trip distribution method: Based upon manual assignment See Table 2& Figure Z} r Traffic assignment method: N Traffic growth rate: Per Collier County Historical & Current AUIR Reports, but not less than 2% or background or vested trips method, whichever is _greater. 0 r c as E M U 0 r r a AffpSYltl-dw.s.frv9.ncY8d8f20dedbdac2rh�askfo raft!s1�20317WgulMcdxafO.n�eJ.'.le:r:c�c'a7.•:.:^pancc^ M-3 1 Packet Pg. 881 DocuSign Envelope ID: 81OE8722-AFEO-4671-8DD5-A3F6A837CA80 9.A.4.d Special Features: (from preliminary study or prior experience) Accidents locations: Sight distance: Queuing: Access location & configuration: Traffic control: Signal system location & progression needs: On -site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study — No Fee Minor Study - $750.00 Major Study - $1500.00 X Includes 2 intersections Additional Intersections - $500.00 each None AII, fees will he agreed to during the Methodology meeting and must he paid to Transportation prior to our sign -off on the application. SIGMA S Study reparer Reviewers Applicant hops tlddacr.frv�.neNBdBl20dadtEar2ch�L�askfoNProje��77Q3 If LW9M hFWC9 Orrrtm7Ae:YecidalagyReporLc�oC tl+�� Packet Pg. 882 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.4.d 1 I� Immokalee Rd Piper Rd TImmokalee Rd I � v I a I a m a. C i a � I0 I � m o I °I p NORTH I 01 n, N.T.S. 'D Vanderbilt Beach R� C ml `a Villagewalk Circle Oran a Blossom Dr Daniels Rd -5 I Hunters Rd 0 r Arbour Wa Sandalwood Ln Trade Center Way Osceola Trail J do C Blvd g Sable Rdi a Ln 2 y Bottlebrueh Ln f} Naples ENd Livingston Woods Ln Fine i ge Roo I Kramer �a rnra � .� M TTT I Pompei Ln ow on I *o I G� I LEGEND d INTERSFATE HIGHVY Gsana BW I 6—LANE ARTERKA I I 4—LANE ARTER COLt£CTOR �+ I2—LANE ARTER COLLECTOR 2—LANE COLLE /LOCAL ,WTIRANBPORTATIDN ENGINEERING, INC. R11L ROAD 3 Lut ert Airport Road CPUD Project Location & August 16, 2022 1 Roadway Classification FIGURE 1 a AS Packet Pg. 883 nEnv (Ondop oN Komi¥ :peBln]E£ 00 OZ OZ d:LTV Z ummm@dd o Wemt4,e■!¥: emt40e nV ■ 9 `k & $| =3 � ; 0Z \0§0 zC'n§ ogOS, 2�zl� k §§)/§ 27 \6 kin JB in )k �- k§ k )$O 2°k �§ g/R am§ ma. 99 U. aK§ 22 \ �\§ W F- O Z � 0 )!\m a!§$ / &■22 a mm�M. UmmN@2::Is| | 25.0,mo¥¥ARD SE113ACK .■'ƒ/ _2 J@ &|t § R K\ §� ) � j DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CA80 9.A.4.d TABLE 1 TRIP GENERATION COMPUTATIONS Lut ort Air art Road CPUD Land Use Code Land Use Description Build Schedule 151 Mini -Warehouse 104,000 s.f. 720 Medical -Dental Office 75,000 s.f. 0 Land Use 'trip Generation Equation a Code Trip Period (Based upon Total Trips Trips Enter/Exit U LUC 151 Daily Traffic (ADT) = T = 1.45(X) = 151 ADT 0 AM Peak Hour (vph) = T = 0.09(X) = 9 vph 5 / 4 le- 7-9 AM 59% Enter/ 41% Exit = Q PM Peak Hour (vph) = T = 0.15(X) = 16 vph L 818 Q 4-6 PM 47% Enter/ 53% Exit = a� 3 LUC 720 Daily Traffic (ADT) = T= 42.97 (X) - 108.01= 3,115 ADT J AM Peak Hour {vph} = Ln(T) = 0.90Ln(X)+1.34 = 186 vph 147 / 39 vph CO) 7-9 AM 79% Enter/ 21% Exit = o 0 PM Peak Hour (vph) - T= 4.07(X) -3.17 = 302 vph 91 / 211 vph N 4-6 PM 30% Enter/ 70% Exit = o N d TOTALS r*- r Daily Traffic (ADT) = 3,266 ADTLo AM Peak Hour (vph) = 295 vph 152 / 43 vph `= PM Peak Hour (vph) = 318 vph 99 / 219 vph o .2 U r c m E t v .r .r a E a a mi IPacket Pg. 885 DomSign Envelope ID: 81DE8722-AFE"671-BDD5-A3FBA837CABO 9.A.4.d � 1 1 Immokolee Rd 41 8% $� 5% Immokalee Rd m m 10 _ 1 � I c C I c L�° qn ❑ I NORTH m N.T.S. -1CL 1 ' 1 � F 31 a .WVonderbilt Beach R� ► I � ■ 11 + � ViIlpgewalk Circle +1 ii7 +F' 6%� Daniels Rd �r Orange Blossom Dr 1 o I Hunters Rd r � Arbour Wa rl I Sandalwood trl aTrode Center WayI Osca la Trail c J C 81�rd + c Sable Rd' In n 4 1 � jn BattiebrUSh Ln W :E Naples Blvd I II 1 � Pine Pompei Ln Uj �I � GaAl tyd G{°r°do B JIMTRANSPCIRTA-M]IN ENGINEERING, INC. Lutgert Airport Road CPUD l-Win stun woods Lin 1$°Jv Kromer Ix C, I I I I I LEGEND 7% 4_� Project Traffic Diatribution Project -Generated FIGURE 2 Traffic Distribution 16, 2022 ?N 9 Packet Pg. 886 n Envelope ID:816E8722-AFE4-0671-8DD5-A3F6A837CA89 = U- [UE O D 0 0 0 Q Q Q O O z Q z} Q C z z z z z z z �z ❑1 - U) w � U O ❑ ❑ ❑ v a o v d O P a a o ❑ P P o a v ❑ ❑ a o P a a s w M"t O co f- E• r N N 00 m N M r tO u-)tncn NVN LO r°m �(mmP- rcYinio 00o v6a o ar- zs � L U �� a e e ❑-,0- v� 0 ❑ v P o a ❑ O ❑-00, o v a O P o ❑ ❑ 0 0 R N CN N N c+7 co C7 M N N N N N N _ r rn rn z z w 0 U7 z w� Lu dp �! Z ! 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For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this February 2023 by Sharon Umpenhour as Senior Planning Technician, who is personally known to me. (Signature of Notary Public) Printed Name of Notary `•+? !"!! CARIN J. DWYER MY COWSSION # GG 582367 EXPIRES: May 14, 2024 Bonded ihru Notary Public UnderrrtRers Packet Pg. 89, GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000533 - Lutgert Airport Road CPUD In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor) and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing Lutgert Medical Center, LLC (Applicant) will be held March 1, 2023, 5:30 pm at the Collier County Headquarters Library, Sugden Theater (2385 Orange Blossom Dr., Naples, FL 34109). Lutgert Medical Center, LLC submitted formal applications to Collier County, seeking approval of a Growth Management Plan Amendment (GMPA) and Commercial Planned Unit Development (CPUD) rezone to allow an increase in the permitted square footage and allowable uses on the site to include up to 75,000 square feet of commercial uses and up to an additional 104,000 square feet for indoor self -storage, and/or indoor automobile storage, and incidental retail uses. The subject property is comprised of 5+/- acres and is located on the west side of Airport Road North approximately 320+/- feet south of Orange Blossom Drive in Section 2, Township 49 South, Range 25 East in Collier County, Florida. If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. The Collier County Public Library does not sponsor or endorse this program. c 0 M Q a Q t� c m E z c� a c d E z U ca Q Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 • Fax. 239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 • Bonita Springs, FL 34134 www.g Packet Pg. 892 9.A.4.d Lutgert Airport Road CPUD (PL20220000533) Adjacent HOAs NIM Notices sent to the following HOAs: EMERALD LAKES RES ASSOC INC %AMERICAN PROPERTY MNGT 10621 AIRPORT PULLING RD N # 8 NAPLES, FL 34109 AIRPORT PULLING WINDWARD ISLE HOA % PRECEDENT HOSPITALITY & PROPERTY MGMT 300A EXECUTIVE # 260 CLEARWATER, FL 33762 IL REGALO HOMEOWNERS MOORE PROPERTY MANAGEMENT LLC 5603 NAPLES BLVD NAPLES, FL 34109 COMMUNITY ASSOCIATION FOR MILL RUN o r 1906 FAIRFAX CIRCLE CL NAPLES, FL 34109 a U VILLAGES OF MONTEREY - MASTER OWNERS ASSN m E t 7560 SAN MIGUEL WAY r w NAPLES, FL 34109 Q c aD E t CALUSA BAY MASTER ASSOCIATION r r 6955 SATINLEAF ROAD N. Q NAPLES, FL 34109 January 18, 2023 m GradyMinor Adj HOAs. docx Page 1 of 1 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. 893 ,q (Ondop oM hod|¥ :pa ]£ SO 0 Z 0 ]d:LTV Z uo|e! mMdd o juawLl3LIIV:Iummt43en¥ � Q ■ ( � ® \\\\/ �kkkjj\kk2k2/\/22 2\§§§ ) !!!22 \ \\\\\\\\\\\\\\\\ }§}}j}j{j}j{v�{({ { ()/)§§§§§§§§§j§(§ o \ \\\ \ \ §§§ e !§! \ EEE - / §!!! 2 { =£2£ ! §§ is \ \\\�\\ )\ \ (\k\! - j§6§§( § §)([2!© 2`» { la,aMm \\ \}» z \5k | �> �!_G> �Er■#;» ` !» \- }\\§(}()\)\/) - !§3;2!§m:�le2 ;§_�:«§0\§ {/§«««/§!;@@!§!7E`: (\l:2:&r2!!&2e2alk@ {k -§ |2|=<<ID ID ID ()\\ ) ) --»§ ) :`sue« EE\l 2!®°`ES�; - uu-=�,«/ra§/& eee�22;&§§®;:«z� t)k§(§§a!l;e0<-D ! )l=aaase!«.:«_:§»## 16A I FRIDAY, FEBRUARY 10, 2023 1 NAPLES DAILY NEWS Sn�OO7 ing carpet and ceiling Wednesday morning. 1. 1 tiles, it looked like any "We're just so glad to other middle school be back," she said. "This Continued from Page 13A classroom in the district. is a special place. This is "I think in time we'll where the teachers have apocalyptic," she said. all adjust to being back the energy. They love be - "So now, it's just, it's here and we'll get our ing here and it's just a home. I'm just so happy. carpet back and we'll get great experience to go It's a gift to be able to be our ceiling tiles back," back. This is our home:' here. We needed to be Stokes said. "But it's real- Harrison McNeilus, back." ly about the kids and it's another thud -grade stu- In an effort to make about the people. I keep dent, shared that feeling. her students feel at saying school is not the "It just feels refresh - home, she decorated her building. It's the people" ing," he said. "Instead of classroom as much as Third -grade teacher having to go to a different she could. Patricia Haly said she school we get to just stay Aside from the miss- had tears in her eyes here instead." citrus Continued from Page 1A proposal for the 2023- 2024 fiscal year that in- cluded $29 million for citrus protection and re- search. Lawmakers will consider the proposal as they negotiate a spend- ing planduring the legis- lative session that will start March 7. The current year's budget, which went into effect Julyl, included $37 million for the industry, with the biggest chunks of money being $17 mil- lion for Department of Citrus marketing pro- grams, $8 million for re- search programs, and $6.2 million for what is known as the Citrus Health Response Pro- gram, which includes cultivating new trees re- sistant to greening. Meanwhile, federal legislation filed last week by U.S. Sen. Rick Scott, R-Fla., U.S. Sen. Marco Rubio, R-Fla., U.S. Rep. Scott Franklin, R-Fla., and U.S. Rep. Debbie Wasserman Schultz, D- Fla., would establish a block -grant program in the Department of Agri- culture to speed hurri- cane assistance to Flori- da growers. Congress passed a $1.7 trillion omnibus spend- ing bill in December that included $3.742 billion for crop and livestock losses across the nation in 2022. Florida Citrus Mutual expressed concern that some Florida growers could be bypassed be- cause the omnibus pack- age didn't include a block -grant program similarto one set up after Hurricane Irma damaged groves in 2017. "The (newly pro- posed) Block Grant As- sistance Act will enable Florida's citrus growers to rebuild and replant so we can continue to har- vest and produce Amer- ica s favorite breakfast juice," Joyner said in a news release Monday. In 2017, the Florida Di- vision of Emergency Management received a $343 million federal block grant to distribute to growers. The University of Flor- ida -Institute of Food and Agricultural Sciences es- timated that Ian caused $L07 billion in agricul- tural damages, including $247 million experi- enced by citrus growers. The Florida Depart- ment of Citrus, pointing to larger losses because of the impact of Ian on trees, anticipates that $387 million to $635 mil- lion in federal relief is needed. Compare Our CD Rates Bank —issued, ` FDIC 3Month Term -insured APY* Steve Stolz Financial Advisor 12980 Tamiami Trail N 43 Naples, FL 34110-1625 6 Month Term 239-597-7402 edwardjones.com APV* Member SIPC EdwardJones 1 Year Term 4.750,16 APY* Call or visit your local financial advisor today. \ Minimum deposit $1000. s Yeld (APY) eifMive 1Ja/9tt3. CDs oXeretl by Edwak Jones ere bank-isued entl FDIGnsured up to $Y5g,g00 (p —mll entl interest accmed but not yet paiM per dep b., per insured de b., Instilulion. for each account oa. S�gent abniry cD�aazesAere.,,bleeuo mtare.��em -ik seen m.�wnaI6��eresi re�a>n.a. tnmu oeaw co. anrr, nclpal val Eery wiNtl ewetmeytrortbepermined. Yleldsth—s are net otall commossb byI,re A,t thrift utionoY AllOe Id bytEdwardnJonest tare registered w'Mst Dxposiory crust Corp. IDTq, a issued by banks and iM1nhs nationwitle. All CDs sold SWING BY FOR NEW GOLF SHOES yti Fresh Foam - Available in Widths - Men and Women New Balance® Naples 8799 N. Tamiami Trail • Naples, FL 34108 SW Corner Vanderbilt Beach Rd. & 41, Near Publix M-F 10.5 1 Sat 10-4 1 Sun 12-3 1 239.596-8788 SHOP LOCAL NOTICE OF NEIGHBORHOC INFORMATION MEETING PETITIONS: PL20220003494 - Orange Blossom/Airport Crossroads Commercial Subdistrict (GMPA); and PL20220000633 - Lutgert Airport Road CPUD In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor) and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing Lutgert Medical Center, LLC (Applicant) will be held March 1, 2023, 5:30 pm at the Collier County Headquarters Library, Sugden Theater (2385 Orange Blossom Dr., Naples, FL 34109). Lutgert Medical Center, LLC submitted formal applications to Collier County, seeking approval of a Growth Management Plan Amendment (GMPA) and Commercial Planned Unit Development (CPUD) rezone to allow an increase in the permitted square footage and allowable uses on the site to include up to 75,000 square feet of commercial uses and up to an additional 104,000 square feet for indoor self -storage, and/or indoor automobile storage, and incidental retail uses. The subject property is comprised of 5+/- acres and is located on the west side of Airport Road North approximately 320+/- feet south of Orange Blossom Drive in Section 2, Township 49 South, Range 25 East in Collier County, Florida. If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor. com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. The Collier County Public Library does not sponsor or endorse this peob 7podany4ja64nl ££SOOOOZZOZId : LLVSZ) uoi;eoilddv-0 }uauayo 1 h M M a L, Oo �o �o Oo C. 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O CL U U 0 :■ r�■ a z O U �t N -� X N t O "It U '— U of M N i O O E O V O i O o a W i E O 5 E � N a- Lb C 9.A.4.e (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 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 BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER(S) PL20220003494 - Oranve-Blossom/Airport Crossroads Commercial Subdistrict (GMPA) and PL20220000533 - LutEert f N I it / pb'u 3800 Via Del Rey SIGNATURE OF API(LfCANT OR AGENT STREET OR P.O. BOX Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE Bonita Springs, Florida 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 8 day of May , 2023, by Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A., personally known to me or who Prvdueed as ident-i€satien and who did/did not take an oath. Signature of Notary Public CARIN J. DWYER MY COMMISSION# GG 982367 a EXPIRES: May 14, 2024 Bonded Thru Notary Public Underwrkrs My Commission Expires: (Stamp with serial number) Carin J. Dwyer Printed Name of Notary Public Rev. 3/4/2015 Packet Pg. 908 9.A.4.e PUBLIC HEARING NOTICE ORANGE BLOSSOM/AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT; AND LUTGERT AIRPORT ROAD COMMERCIAL PUD (PETITION r- NUMBERS:PL20220003494 & PL20220000533) CCPC: JUNE 1, 2023 - 9:00 A.M. BCC: JULY 11, 2023 - 9:00 A.M. COLLIER GOVERNMENT CENTER. 3RD FLOOR, 3299 EAST TAMIAMI TRAIL, NAPLES, FL 34112 KATHERINE EASTLEY: 239-252-2834 AND NANCY GUNDLACH: 239-252-2484 Packet Pg. 909 9.A.5 06/01 /2023 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.5 Doc ID: 25463 Item Summary: ***This item has been continued from the April 6, 2023, CCPC Meeting to the May 18, 2023, CCPC Meeting and further continued to the June 1, 2023, CCPC Meeting*** PL20220008172 -LDCA- NIM Rules of Decorum - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code and Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to establish the Rules of Decorum related to Neighborhood Information Meetings, by providing for Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Ten Application, Review, and Decision -Making Procedures, including Section 10.03.05 Required Methods of Providing Public Notice; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [ Coordinator: Eric Johnson, LDC Planning Manager] Meeting Date: 06/01/2023 Prepared by: Title: Planner, Principal — Zoning Name: Eric Johnson 05/08/2023 10:45 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 05/08/2023 10:45 AM Approved By: Review: Zoning Eric Johnson Additional Reviewer Planning Commission Diane Lynch Review item Operations & Regulatory Management Donna Guitard Review Item Zoning Mike Bosi Division Director Growth Management and Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Skipped 05/08/2023 10:45 AM Completed 05/09/2023 11:42 AM Completed 05/12/2023 1:33 PM Completed 05/12/2023 1:44 PM GMD Deputy Dept Head Completed 05/24/2023 5:27 PM 06/01 /2023 9:00 AM Packet Pg. 910 9.A.5.a CO Ier County Growth Management Community Development Department Zoning Division _ LAND DEVELOPMENT CODE AMENDMENT PETITION SUMMARY OF AMENDMENT PL20220008172 This Land Development Code (LDC) amendment introduces the Rules of ORIGIN Decorum for a Neighborhood Information Meeting (NEV). An update to Board of County the Collier County Administrative Code for Land Development Commissioners (Board) (Administrative Code) is included as a companion amendment. HEARING DATES BCC TBD CCPC 04/06/2023 DSAC 02/01/2023 DSAC-LDR 01/17/2022 DSAC-LDR LDC SECTION TO BE AMENDED 10.03.05 Required Methods of Providing Public Notice ADVISORY BOARD RECOMMENDATIONS DSAC Approval with recommendations Approval with recommendations CCPC TBD BACKGROUND In 2001, Collier County first adopted NIM provisions into the LDC for meetings known then as public informational meetings. Under the current LDC, NIMs are mandatory for many types of land use petitions (e.g., Rezones, Conditional Uses, Planned Unit Development amendments, new Stewardship Receiving Areas, etc.) and are to be held at least 15 days prior to the first public hearing. On September 13, 2022, the Board directed staff to bring back an amendment to the Administrative Code to address an expressed concern for public safety, meeting decorum, and virtual NIM options (Board Agenda Item 16.A.1). The executive summary for that item (see Exhibit B) contained details of a then -recently held NIM that was forced to adjourn due to the disorderly conduct of some of the attendees. Below is an excerpt from the executive summary describing the circumstances: "The Board discussion centered on a NIM for a current PUD Rezone petition at Collier Boulevard and Vanderbilt Beach Road that was abruptly ended due to a minority percentage of attendees who were disruptive with abusive language, threatening statements and refused to allow the rest of the attendees to hear the proj ect's details. This created a situation where the crowd began to argue internally, and fearing further escalation into physical confrontation, the meeting was terminated." The executive summary also contained five proposed "modifications," which were ideas designed to address the expressed concern. Staff used these ideas as a general guide when developing the proposed changes to the LDC and Administrative Code. When staff originally presented the five ideas to the Board, it was thought that only changes to the Administrative Code would be necessary. However, after collaborating with the County Attorney's Office, it has been determined that an ordinance amending the LDC would also be required, because some of the proposed provisions are substantive in nature and/or sets policy, and the Administrative Code is only to be used in a procedural context. As part of the proposed LDC and Administrative Code changes, staff has included purpose and intent language for the NIM, to help formalize and provide perspective on why NIMs are required. A parallel effort to increase the level of decorum at the Board level had recently been undertaken by the County Attorney's Office. On June 14, 2022, the Board requested that the County Attorney's Office draft an ordinance G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2023\04-06\PL20220008172 - NIM Rules of Decorum LDCA (02-21- 2023).docx Packet Pg. 911 9.A.5.a CO Ier County Growth Management Community Development Department Zoning Division _ to increase the level of decorum at Board meetings, and on June 28, 2022, the Board directed the County Attorney to advertise and bring back a proposed ordinance. On September 13, 2022, the Board adopted Ordinance 2022- 34, which authorizes the Chairman to better deal with disorderly persons. Excerpts from the executive summary and ordinance are provided in Exhibits C and D, respectively. DSAC-LDR Subcommittee Recommendation: On January 17, 2023, the DSAC-LDR Subcommittee recommended approval of the LDC amendment and companion amendment to the Administrative Code, contingent upon the following: 1. Reword LDC section 10.03.05 A.3., from "The purpose of intent of a NIM is provide the public with notice of an impending land use petition and to foster communication and collaboration between the petition and the public" by deleting "and collaboration" from the sentence (page 3, line 18). 2. Modify the first paragraph of Conduct of Meeting and Decorum in the Administrative Code to indicate the following: The applicant is required to record the NIM proceedings and provide an audio or audio/video copy to the Zoning Division, including a written summary. 3. The BCC should consider some type of punitive action to those disrupt the NIM and cause it to cancel. DSAC Recommendation: On February 1, 2023, the DSAC recommended approval of the LDC amendment and companion amendment to the Administrative Code, contingent upon the following: 1. Reword the Rules of Decorum by deleting, "and collaboration" from the sentence: "The purpose and intent of a NIM is to provide the public with notice of an impending land use petition and to foster communication and collaboration between the petitioner and the public." 2. Allowing NIMs to be held virtually, in person, or both virtually/in person. 3. Reword the Rules of Decorum by deleting "to ensure the safety of all attendees" in the sentence: "The petitioner is encouraged to provide a security detail, which will be at the petitioner's expense to ensure the safety of all attendees." In addition, delete the following sentence in the Rules of Decorum: "The petitioner may request the security detail to remove a disorderly person". FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY The NIMs are conducted entirely at the The proposed LDC amendment has been reviewed by petitioner's expense and as such, there are no Comprehensive Planning staff and may be deemed anticipated fiscal impacts to the County, consistent with the GMP. except for the cost of advertising an ordinance amending the LDC. EXHIBITS: A) Changes to Adminstrative Code; B) BCC 9/ 13/22 — Item 16.A.1. Executive Summary; C) BCC 9/13/22 — Item 17.A. Executive Summary; and D) Ord. 2022-34 2 G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2023\04-06\PL20220008172 - NIM Rules of Decorum LDCA (02-21- 2023).docx Packet Pg. 912 9.A.5.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT Text underlined is new text to be added Text strikethrough is G61rr9At t9X. to be deleted Amend the LDC as follows: 10.03.05 — Required Methods of Providing Public Notice This section shall establish the required methods of providing public notice. Chapter 8 of the Administrative Code shall establish the public notice procedures for land use petitions. A. Neighborhood Information Meetings (NIM). Neighborhood Information Meetings, when where required, shall be held prior to the first public hearing, and noticed as follows. and subiect to the Rules of Decorum: 1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 10.03.05 B. 2. Newspaper Advertisement prior to the NIM. 3. Rules of Decorum. The purpose and intent of a NIM is to provide the public with notice of an impending land use petition and to foster communication between the petitioner and the public. All NIMs shall be conducted either at a physical location to allow for in person attendance or via communications media technology, such as video conferencing, or a combination of both methods. The expectation is that all NIM attendees will conduct themselves in such a manner that their presence will not interfere with the orderly progress of the meeting. For in person meetings, the petitioner is encouraged to provide a security detail, which will be at the petitioner's expense. If the petitioner is unable to complete the NIM due to the disorderly conduct of the attendees, the NIM shall adjourn and the petitioner will be required to conduct another duly advertised NIM, either in person or via communications media technology or both, at the petitioner's discretion. B. Mailed Notice. 1. Where required, Mailed Notice shall be sent to property owners in the notification area as follows: a. For areas in the urban designated area of the future land use element of the Growth Management Plan notices shall be sent to all property owners within 500 feet of the property lines of the subject property. b. For all other areas, except areas designated in the Rural Golden Gate Estates Sub -Element or Urban Golden Gate Estates Sub - Elements of the Golden Gate Area Master Plan, notices shall be sent to all property owners within 1,000 feet of the property lines of the subject property. C. For areas designated within the Rural and Urban Golden Gate Estates Sub -Element of the Golden Gate Master Plan, notices shall 3 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2023\04-06\PL20220008172 - NIM Rules of Decorum LDCA (02- 21-2023).docx Packet Pg. 913 9.A.5.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DRAFT Text underlined is new text to be added Text strikethrough is G61rr9At t9X. to be deleted be sent to all property owners within one mile of the subject property lines. d. Notices shall also be sent to property owners and condominium and civic associations whose members may be impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations must be provided and maintained by the County, but the applicant must bear the responsibility of insuring that all parties are notified. 2. 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. Unless required by F.S. § 125.66(4), the mailed notice is a courtesy only and is not jurisdictional. Accordingly, provided a good faith attempt for mailed notice is made, failure to mail or to timely mail the notice or failure of an affected property owner to receive mailed notice will not constitute a defect in notice or bar the public hearing as scheduled. C. Newspaper Advertisement. In accordance with F.S. § 125.66. D. Posting of Signage. Where required, signs shall be posted 15 days prior to the first advertised public hearing pursuant to the Administrative Code. E. Agent Letter. Where required, an informational letter shall be sent by the owner or Agent to property owners within 150 feet of the area covered by the petition following the initial staff review comments for the petition and prior to the resubmittal of the petition to the County. # # # # # # # # # # # 4 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2023\04-06\PL20220008172 - NIM Rules of Decorum LDCA (02- 21-2023).docx Packet Pg. 914 9.A.5.a Exhibit A — Changes to Administrative Code Collier County Land Development Code ` Administrative Procedures Manual Chapter 111 Corrtwt Inibrmatron QB. Neighborhood Information Meeting ----------------------------------------------------------------------------------------------------------------------------------------• Purpose and I L The purpose and intent of a Neighborhood Information, MBErtinL3r JWM"1 is to provide Indent ; the public with notice of an impendir8i zoning application and to foster rommunication between the petitioner and the public_ ---------App-abl--- ------------------------------------ -�-------------------------------------------------------------------------- ty Z. A .@7ghbo;had lipf^^^^a-' PA@E4lrkg (" IUIMT4 shall be conducted when: a. The initial staff review and comment on the application has been completed; and b_ At least 15 days before the first public hearing is held, whether is the Planning Commission, Hearing Examiner, the BCC, or the BZA_ 3. In addition to the above, the following shall also applyforsmall-scale amendments and other site-spedfiic comprehensive plan amendments: a_ The HIM is required before the Planning Commission transmittal hearing_ b_ A second HIM is required if the County Manager or designee determines that a substantial change has orrurred to a proposed site -specific comprehensive plan amendment fallowing the BCC's transmittal hearing. The applicant must hold the second NIM before the Planning Commission adoption hearing_ 4. If the applicant's petition activity extends beyond 1 year from the date of the first HIM, a second NIM will be required and shall be noticed in accordance with this chapter. -------------------------------------------------------------------------------------------------------------------------------------------- Hutim The NIM shall be noticed as follows: Requirements 1. Mailed 14otice: Written notire shall be sent to property owners in notification area at least 15 days before the NIM meeting. The applicant shall also provide written notice of the HIM to property -owners, €ondominium, and civic associations whose members may be affected by the proposed land use change and who have formally requested the county to be notified. Earh mailed notice shall contain the foll-owing: "The purpose and intent of this Nei& boyhood Information Meexing is to provide the public with notire of an impending zoning application and to foster roll munication between the alool icant and the public- The expectation is that all attendees will €c nduct therri loves i n such a man ner that their presence will not i nterfere with the orderly progress oththee meeting_" 2. Newspaper Advertisement_ The legal a dve rtiseme nt shall bepublished at least 15 days before the NIM meeting in a newspaper of general circulati-on_ The advertisement shall include at a minimum: a_ dater time and location of the HIMm �tia b. Petitionname, numberand applicantcantactip� r. Purpose of the HIM d_ Description of the proposed land uses; and e. 2 in. x 3 in. map of the project location. --------------------------------------------------------------------------------------------------------- •--- 5 G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2023\04-06\PL20220008172 - NIM Rules of Decorum LDCA (02- 21-2023).docx Packet Pg. 915 9.A.5.a Exhibit A — Changes to Administrative Code Collier County Land Development Code ` Administrotive Procedures Manual Chapter 11 j Contact infarmatian --------------------------------------------------------------------------------------------------------------------------------------------- Location ; The applicant must arrange the location of the meeting_ All NIMs shall be conducted either at a physical location tD allow for in person attendance or via rommunications media technology. such as video conferen€ing, or a combination of both methods_ The in person location must be reasonably convenient to the property owners vrho receive the required notice. The facilities must be of sufficient size to arcommod ate the expected attendance. All videoconferen€e meetings shall provide reasonable accommodations for disabled persons if requested by any of the registered attendees_ ----------------------------------------- Condluct of ; i Conduct of Meeting: T4e A Collier County staff planner assigiReid *n =**a^d*"a ^ - Meeting and apiplieatien Rneeting or designee, Ag =k^ ;..all attend the NIM and v0i" ;�&Poe as die Decorum €a ateF-af rerord all commitments made bw the applicant regarding the petition 11 durirp? the meeting while remaining neutral and providing clarification regardine the next steps the petitions must fallow in the review process, including the anticipated future public hearings that are associated withthe petition_ u^wLw@ -ate, *h M&applicant F, axpagtad to shall make a presentation of how they intend to develop the subject property. The applicant is required tD record the NIM prDceedings ^f * g and t4 provide an audio or audiD{video r-Dpyto the Planning ;xZoning Division Dapapmwnt, including a written summary. If videoconferenclng is used, it must have the capability to arc ive written romments from the attendees_ R The applicant must provide the followir attheMllVlFR@MiRg far review and comment, including but rrot limited to: L. The proposed uses and density intensi of the nroierk= b. The proposed Master Plan, when applicable; and c. The current WC zoning district uses and development regulations. Decorum: The exnectation is that all NIM attendees will conduct themselves in such a I I manner that their presence will not interfere with the orderlw progress of the meeting. For in person meetings, the applicant is encouraged tD provide a security detail, whicly will be at the applicant's expense. If the applirant is unable tD complete the NIM due to the disorderly conduct of the attendees, the NIM shall adjourn and the appliCantwfll i he required tD conduct another duly advertised NIM, either in person or via communications media te€hnDlogy, or bath, at the applicant`s discretion- -------------------------- ----------------------------------------------------------------------------------------------------------------- Nle-eling Fellow up 11. After a NIM is completed, the applicant will submit a written summary of the 14IM and any commitments that have been made to the assigned planner. These €cmmitments will: a_ Become part of the record of the 9raceedinPs b_ Be included in the staff report far any subsequent revievr and approval bodies; and i c. Be considered for inclusion in the conditions of approvaI of any applicable development order. 2. The County staff planner or designee shall post the vi deocanference recording of the NIM to the County's wrebsitefor public Inspection_ F-------------------------------------------------------------------------------------------------------------------------------------I U eel Resolution 2023-44 L G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2023\04-06\PL20220008172 - NIM Rules of Decorum LDCA (02- 21-2023).docx Packet Pg. 916 9.A.5.a Exhibit A — Changes to Administrative Code Chapter 12. Acronyms A— Rural Agricultural Zoning district ACDE—Army Carps of Engineers ACP — Agricultural Cl earing Permit ACSC — Area of Critical State Concern ADT—Average Daily Trips ASI —Area of Significant Influence BCC — Board of Cori ier County Commissioners BID — Boat dock Petition BZO — Bayshore ZoDirwg Overlay District BP— Business Park District 87-4 —Board of Zoning Appeals C-1— Comm ercial Professional General Office District C-Z—Commercial Convenience district C-3— Commercial Intermediate District C-4— Gen era l Commercial District C-5—Heavy Commercial District CCME— ConservationandCoastal Management Element CCPC—IlierCountyPlanning Commission CCSL(P)—Coastal Construction Setback Line(Permit) CID D— Community Development District CEB —Code Enforcement Board CIF —Comm unity Facility CIE — Capital I mprovell Element CIP— Capital Improvement Program CNIO— Corridor M a nagement Overl ay C.O. — Certificate of Occupancy CON — Conservation Zoning District CRD — Compact Rura I bevel opm ernt CSP— Conceptual Site Plan CU — Conditi anal Use DBH — Diameter at Breast Height DEC)— Department of EconomiE 0ppor tunity D.D. — Development Order DR — Development of Regional Impact DS T— Dry Season WaterTable E — Estates Zoning District EAC — Environm enta I Advisory Cou nci I EIS — Environmental Impact Statement EPA — Environmental Protectionn Agency EXP — Excavation Permit FAC— Florida Administrative Cade FdEP— Florida department of Environmental Protection FDOT— Florida Department of Transportation FFWCC— Florida Fish & Wildlife Conservation Commission FIRM — Financial Impact Analysis Module 7 F�HS — Florida Interstate Highway System FLU CFCS - La n d Use Cover and Forms Class ificat io n System FLUE —Future Land Use Element FLU M — Future Land Use Map FP — Final Plat FS— Florida Statutes FSAA— Flaw way Stewardship Area GC— Golf Course GGAM P — Gol den G ate Area M aster PI a n GGPPDCO— Golden Gate Pkwy Professional Office Commercial Overlay District GMP—Growth Management Plan GPCD — Ga lions Per Capita per Day GT — Gopher Tortoise GTZO— Gateway Triangle Zoning Overlay District GWP — Ground Water Protection Zane GZO— Good land Zoning Overlay HSA— Habitat Stewardship Area I — Industrial Zoning district ICBSD— ImmokaleeCentral Business Subdistrict LDC — La nd Dewe Ic pm ent Cade LOS — Level of Se rvi ce LPA— Local Plan n i n g Agency LSPA— Littoral Shelf Planting Area M f F — Multi -family Use or Zoning MH— Mobile Home MHO— Mobile Home Overlay MLW— Mean Low Water MPP— Manatee Protection Plan NBMO—North Belle Meade Overlay NC —Neighborhood Commercial District NIM— Neighborhood Information Meeting NRPA — Natural Resource Protection Area O_C_ — On Center P—PublicUse District PPL— Plans and Plat PSI— Pounds Per Square Inch PSP— PreliminarySubdivision Plat PUD—Planned Unit Development RSF— Residential Si ngle-Family Districts RCW— Red Cockaded Woodpeckelr RFMU—Rural Fringe Mixed Use District RLS— Request for Legal Service RLSA(0) — Rura I Lands Stewa rdshi p Area (Overl ay) RMF— Residential Multi -Family Districts RNC— Residential Neighborhood Commercial Subdistrict R.O.W. — Right of Way RSF — Residential Single -Family SBCO — Santa Barbara Commercial Overlay District SBR — School Board Review GALDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2023\04-06\PL20220008172 - NIM Rules of Decorum LDCA (02- 21-2023).docx Packet Pg. 917 9.A.5.a Exhibit B — BCC 9/13/22 - Item 16.A.1. Executive Summary 16.A.1 OW 13.12027 Recommendation to direct staff to bring back an amendinent to Ordinance 2013-57, titre AdminisTrativc Code for Land Duvelupmcnl To Wdress an expressed concern for public Ufely regarding meeting decorum, location, and virtual options for Neighborhood Information Meetings. 013JECTIVE: To have the Board of County Comm imioners (Board) direct staff to bring ha-ek a Formal amemdrnent to the Administrative Code for Land Development to address recemtly discussed concerns for public safety and decorum at County required Neighborhood Information Meetings (NIM, CONS] DIERATJUN : At bath the June 141 and the 281�, 2022 Board of County Conuni-mioners Public learin&s, the Board discussed the need to provide further regulatory oversight regarding Neighborhood Information 1w "tings- The County requires a mandatory NIP4 for most land use petiticros (Rt=neS, Conditional Uscs, PUD and PUDA Rcroncs, Stewardship Receiving Areas, ctc„) to be held at a m inimum of 13 days prior to the Planning Comm issi on public hearing. The Board discussi-on centered on a NIM for a current PUD Rv.orie petition at Collier Boulevard and Vandcrbilt Brach Road That was al nrptly cndrd due to a minority prrccnwgr of attGndcus who were disruptive with abusive language, threatening statements and refused to allow the rest of the attendees to hear the project's details- This created a situation where the crowd began to argue internally, and Baring Further escalation into physical confrontation, the meeting was terminated. To address this reality, the Board dimcicd staff To consider modifications to the NIM recluircimcnT5 and guidance -to curtail such situations from transpiring at future N[Ms. This executive summary is requesting the Board to direct Staff to initiate the process for updating the Administrative Code to include the Following modifications: 1. A]low an applicant the option to hold two N1Ms, with the First virtual and the Second available for in -person and a virtual option- 2- To require standard language for rules of deconun w1diin the public notice and advertising for NIMs; 3. ExTcnd rules of dccorurn for advisory board and BCC public meetings To N1M's, 4- Require security detail paid by applicant at a]I NIMs; 5- Require all speakers to state their name and address. FISCAL IMPACT., The Neighborhood Information Mcrtings, though squired by the County are conducted entirely at the applicant's cxprnsc, as such there is no anitieipatcd fiscal impact to the County. GROWTH MANA{.EME)\T IMPACT: The Crowth Management Flan does not address NIMs, other than promoting public participation with the rezoning pence--ms. Modificatiorm to requirements For NIM will not impact the GM? - LEGAL CONSIDERATIONS: This item has been approved as to farm and legality, and requires ark atTinnative vote of throe for Board approval. (JAK) RECOMMENDATION: That the Boom of County Commissioners dirty staff to bring back a formal amrndmcnT to the AdminislraTivc Codc for Land Devdopmcnt to address rcccntly discussed concerns for public safety and decorum at County required Neighborhood Information Meetings (NIM)s. Prepared by; Mike Rosi, A[C'P. Director, Zoning Division Packet Pg, 406 G:\LDC Amend ments\Ad visory Boards and Public Hearing s\CCPC\2023\04-06\PL20220008172 - NIM Rules of Decorum LDCA (02- 21-2023).docx Packet Pg. 918 9.A.5.a Exhibit C — BCC 9/13/22 - Item 17.A. Executive Summary 091I M022 EXEC'I;TIVE SUMMARY 14tTontmendation in amend 01rdin2n-Ce No, 75-16, -as amended. to authorize the Chairman 10 better deal with disorderly persons, including requesting law enforcement officers remove disorderly persons when conduct interferes with orderTy prol;ressiun of meetings. OBJECTIVE: To adopt the proposed ordinance amending Ordinance No_ 75-16, as amended, in order to enhance security during Board mcctings. CONSIDERATION: On Jttnc 14. 2022, the Board rNuinilccl 11W County Atiurncy draft an Ordinance to incrcatse the Icvcl of deconLM at Board of County Commissioner meetings, and on Junc 28. 2022, [hc Board directed the County Al omey to advertise and bring back the proposed ordinance for a public hearing. The proposed Ordinanco aniondtnant is modeled after the procedure utilizW by the Col liff Cminty School Board for its meetings, which the Sheriff has been comfortable enforcing, The proposed ordinance amends the Board's meeting ordinance as follows Sec_ 2-37. - Addressing the Commission (a) If a subject is not on the agenda for a mecting of the Board of County Commissioners it may be added by molion and an affirmative vote oi'a majority of all Board mcrrtbcrs pressnt [hat the subject should not be delayed until the next meting. (b) Any person appearing to provide the Board factual information. or expert -opinion to consider prior to taking official action shall be governed by the following procedure: (1) Prior to addressing the Board the speaker shall appraach any podium or any otliar place otherwise designated by the Board of County Commissioners for this purpose and clearly state his or her full name, home address, the name of the person or entity that he or she represei and the subject of his or her address. (2) Before providing factual information or et€pert opinion the speaker may ask, and any Commissioner may require the speaker to be placed under the following oath with right hand upraised: "I willfully swear under oath the facts and testimony I furnish this Board to be the truth, the whole, truth and nothing but the truth, and not inconsistent or ckrntradictory with other staternent, tra& by mo under oath_" No person shall be required to take this oath more than once in any givim day, but sW be reminded he is under oath before again addressing the Board_ Fach commissioner, shall take the oath one time and be censidcmd under oath during the term of his office, Thckse asking questions or desiring to cotttmetti un a maiicr before [hc Board shall not bt rewired to take the oath. Any Commissioner may at any time request such a speaker to take the above oalh. (3) Each person shall limit his address to thrce minutcs. unless granted additional time by the Chairman or by an .9WJrmalivc vote of the majority of the Board tnrmbers prescnt. All remarks shall be to the Board as a body and not to any individual member. No person usher than a Commissioner shall discuss directly or through a C'ommissiorier, without authorization of the presiding officer. J G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2023\04-06\PL20220008172 - NIM Rules of Decorum LDCA (02- 21-2023).docx Packet Pg. 919 9.A.5.a Exhibit C — BCC 9/13/22 - Item 17.A. Executive Summary 09/ 1312022 (4) _ The Chainnan ma-. — I. interrupt, warn, or tcrminatc a sneaker's statcraclit when such statement is tap lengthy, abusive, obscenc, irrelevant or reperltivc; 2. reaueslany individual I Icavc tho immine when thal person does not observC reasonable decorum: 3. rEgn-Est the assistance of law enforcement officers in the removal of a disorderly peroson when that persnn's conduct interfcres with the ordcrl rogress of the meeting; 4. call for a recem or an adjournment to another time when the lack of public decorum so interferes with the orderly conduct of the mectiur as to warrant sLwh action. Sec. 2-38_ - Sergeant -at -arms. The County Sheriff, or his deputy, shall be the sergeant -at -arms at meetings of the Board of County Commissioners and shall carry out all -orders of the Chairman ka maintain order and decorum, including the removal of a disorderly nersan when rwuestad by the Chairman_ FISCAL IMPACT: The proposed ordirmttise was advertiscd in the Naplcs Daily Nrw.s on Thursday, June 30, 2022, fora cost of $560,U0. CROWTH NTANAOEMEINT IMPACT; None - LEGAL CONSIDERATIONS: This itean has been reviewed by the County Attorney, is approved as to form and Icgality and rcquires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners adopt the proposed ordinance amending Ordinance No. 75-16, as amended. PRFPARF.1) BY: Colleen A. Kerins, Assistant County Attorney and Jrffrcy A. Klatxkow, County Attorney ATTACH-M EM IS] I. Ordinance - Amend [}rd. 75-16 BCC meeting ordinance - numbered (PDF) 2. Ordinance - amend Ord. 75-16 BCC meeting ordinance - JAK signed (PDF) 3. legal ad - amend Ord. 75-16 (PDF) 10 G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2023\04-06\PL20220008172 - NIM Rules of Decorum LDCA (02- 21-2023).docx Packet Pg. 920 Exhibit D — Ord. 2022-34 9.A.5.a OR NO. 22- 34 AN ORDINANCE OF THE BOARD OF CGUNTY COM[IIISSIONE1lS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.1975-16, AS AMENDED, IN ODDER TO AUTHORIZE THE CHAIRMAN TO BETTER DEAL WITH DISORDERLY PERSONS, INCLUDING REQUESTING THE ASSISTANCE OF LAW ENFORCEMENT OFFICERS TO REMOVE DISORDERLY PERSONS WHEN THAT PEPSON'S CONDUCT I NT ERFE RES WITH THE ORDERLY PROGRESS OF THE MEETING; PROVIDING FOR INCLUSION 1N THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR ONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE HATE. WHEREAS, Ordinance No. 1975- W as amat de]d, n5gulates the conduct of meetings of the Shard of County CummimioneTS; mid WHEREAS, tltc Board wishes to autbarize the CWrnum to better &al with di&Drderly persons, including roq estin the assistance of law enfonxnumt in the removal raf a dist]rderly person when that pmun7s conduct interferes with the only progress of the mcctiny, NOW, THEkE1') E-, BE IT ORDAWRI) BY 114l BOARD OF COUNILY WNW] SS[ONERS OF COLL.1ER CGUNTY, FLORIDA that: SECTION ONE, Amrn mmt to Section One, I' ragraphs 2 mW 3 afOrdirianm No. 1975- 16, as smendod, codified as Sectiom 2-37 and 2-38 in the Code 4f Lav,% and Ordinances. 2. Addressing the Commission; a_ 1 f a subject is not on the agenda for a meeting of the Board of County Commissioners it may be added by motion and an affirmative vote of a majority of al I Board mombm- present that the subject should not be delayed until the -nexi meeting, b, Any p on appeah g to provide the Board factual inforznatlon or expert opinion to cansislcr prior to taking official action shall be govc-roed by the follorxing promduTe, (1) Prier to addressing the Board the speaker shall approach any podium or any vthar plat: otherwi se designated by the BoaM of County Commissioners for this purpose and clearly state his or her full name, hnme addmss, the name of the person er entity that he or she repmseats and the subject of > is or her address_ f22-K-C- MMI745rr5r]J P-age t of 3 WaMs under] fined arc added; words wuck thmuo we deleted. -I-I G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2023\04-06\PL20220008172 - NIM Rules of Decorum LDCA (02- 21-2023).docx Packet Pg. 921 Exhibit D — Ord. 2022-34 9.A.5.a (2) Bcforc providing factual information or expert opinirm the speaker may EA. and any twommissimer Fmy require the speaker to be plowed under the folio -hi tg oath wish right hand upraised: " l wil (fully swear under oath the facts and testimony [ fumish tbis Board to be flee truth, the whole truth and nothing but th,e truth, and not inconsistent or oontradictory with other stalements made by inc under oath." No person shall be required to tale this oath more than once in any given day, bul shall be reminded he is under oath before main addressing the Board_ Each oammission,er, shall take the oath one dme and be considered ,under oath duri ng the term of his other:. Those asking questions or desiring to comment oa a matter before the Board shall not be reyuired to take the oath. Any Commissioner may at any time rquest stxh a speaker to take the above oath. (3) Each Berson sW I 11 rnit his address to three minutes unless granted additional time by flu Chairman or by an affirmative vote of the nanjorhy of the Board meni hers prvwnt_ All remarks shall be to the Ord as a body and not to any individual member. No person other than a mmissiorrcr shall discuss directly or through a Cornrnissicr, , without authorization of the presiding officer- (4) A" peabsea aki J.L.LJ,.tinem. J -an �.0 Fernt k:5 O_ r�.J-,omes �aN J ILlI+, LlLLT J4]J]`LLL RaJ VJ ��I,V L'44Vl1•}-. f J #Fm , Tm- al interrupt, warn, or terrpiztatc a spcakcf s statement whop wq. statement is too lengthy, abusive, obscem irrelevagt 2r repetitive; I reue t apy individual to leave the meetiiia whgp that arson does not observe reasonable decorum, request the assistance or law eatemment officers in the remevel of a disorderly ffrwork when that on's conduct inicrferes with the orderly ss f meeting; call for a recess. c adicsurnmcnt to art the r titttie when the lack of public dmorum so interferes With thg o[ggrly conduct of the meeling.4a. warrant such Agi - 3. ergeant-at-arms, The County Sheriff; or hip depuly, shall be the sergeant -at -arms at meetings of the Board of County Commissioners and _ may the QhpjMgan in rmaintairking rder and decorwrr, includirYr the Ir vs1 of a disordesl person when requested .1n'. g'Chairman. r22-WCfiM]r W i i VI Page 3 4f a words underlined are added; vrbrds struck through are dOct-ed_ lL G:\LDC Amend ments\Adviso ry Boards and Public Head ngs\CCPC\2023\04-06\PL20220008172 - NIM Rules of Decorum LDCA (02- 21-2023).docx Packet Pg. 922 9.A.5.a Exhibit D — Ord. 2022-34 ,WMON TWO: INCLUSION IN ,rHE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall becorne a W be made a part of the Code of Laws and Ordinances of Collier Countty. Florida. 'lam sections of the Ordinance may hC renumbered or re- lutte -d to accomplish such. and the word "ordinance" may be changed to "sectiGn," "article,° or any c6 T apprupriate word. SECTION THREE; CONFLICT AND IF.VFRAB1LTIFY In the event this Ordirnance contlicts with any other Ordinance of GD1111ler County or other applicable law, the more restrictive shall apply. If any phrase or portion of'the Ordinance is held invali-d -Dr enrronstitu ional by any wurt of competent jurisdictior4 such portion shall be deemed a separate, distinct and indgxndcnt provision and such holding shall not affect the validity of the rernaln.ing portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become off dive upon filing with the DeparMtiemt of Mate, PASSED AND DULY ADOP'TE D by the Board of County Cmmi ssiorem of Collier County. Florida, this day of September, 2022. r tryst �I i del} Id of Courts .� s - By: AMst as to' [4��rlk signajuro olk. ApprcyvelJ4*47m wwlegality; BOARD OF COUNTY COMMISSIONERS RS COLLIER CO DA By: _ mill'(m L. McD®niel, Jr., Chairman This a+di r3cne.!� `; Ieej w;,.M 1),, Jeffty A. 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E / ¥ t F � \ ( • = 0 0 0 \ / CL k \ / u 0 0 ra b / E Lro � �� 0Z q\/§ \ k o rn 2 uL) k N 'FU W 0 z o � LU -i @) f � 16D I FRIDAY, MAY 12, 2023 1 NAPLES DAILY NEWS 9.A.5.c Your Source r 1 1 for the latest... Puc bliNotices Cellco Partnership and its con- trolled affiliates doing busi- ness as Verizon Wireless (Verizon Wireless) proposes to On OS/042023 a phone was found in North Naples area. If not claimed by the rightful owner within 90 days the item will be surrendered to the finder or disposed of accord- ing to FL State Statute. Direct all inquiries to the Collier County Sheriff's Office Evi- dence Bureau 239-252-0820. 19 May 12, , 2023 #5699843 The Biggest local audience print and online IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF JAMES WILSON GOGAN File No.11-2022-CP-003531-0001-XX Division Deceased. NOTICE TO CREDITORS The administration of the estate of James Wilson Gogrm de- ceased, whose date of death was June 6, 2021, is pending in the Circuit Court for Collier County, Florida, Probate Division, the address of which is 3315 Tamiami Trail East, Suite 507, Naples, FL 34112. The names and addresses of the personal representa- tive and the personal representative's attorney are set forth be- low. All creditors of the decedent and other persons having claims or demands against decedent's estate on whom a copy. of this no- tice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other creditors of the decedent and other persons having claims or demands against decedent's estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BAR- RED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECE- DENT'S DATE OF DEATH IS BARRED. The date of first publication of this notice is May 12, 2023. Personal Representative: /s/ Mary Maureen Gogan P.O. Box 188 New Glasgow, B2H SE2 Attorney for Personal Representative: /5/ Stuart A. Rader Stuart A. Rader Attorney Florida Bar Number: Attorney for Petitioner 2101 NW Corporate Blvd., Suite 316 Boca Raton, FL 33431 Telephone: (561) 368-0545 Fax: (561) 367-1725 E-Mail: stuartQraderandcoleman.com Pub Date: May 12, 19, 2023 IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF File No.: MARSHA A- COGHLAN, Division: Deceased. The administration of the Estate of Marsha A. Coghlan, de- ceased, whose date of death was February 7, 2023, is pending in the Circuit Court for Collier County, Florida, Probate Division, the address of which is: Collier Co. Clerk of Courts, 3315 Tamiami Trail East, Ste. 102, Naples, Florida 34112. The names and addresses of the personal representative and personal representative's attomey are set forth below. All creditors of the decedent and other persons having claims or demands against decedent's estate on whom a copy of this no- tice is required to be served must file their claims with this court ON OR BEFORE THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other creditors of the decedent and other persons having claims or demands against decedent's estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE FOREVER BAR- RED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECE- notice is May 5, 2023, 2023. Cannel, IN 46032 Peter H. Donahoe, Attorney for Personal Representative E-mail Address:donahoe@donaho�imin.com Florida Bar No. 90449 Donahoe Irvin PC 111 North Rangeline Road Carmel, IN 46032 Telephone: (317) 580-3000 Pub Date: May 5, 12, 2023 5689706 PUBLIC NOTICE - CHANGE OF START TIME FOR REGULAR BOARD MEETINGS The start time of the regularly scheduled meetings of the Immo- kalee Water & Sewer District Board of Commissioners has been changed to 3:30 PM for the remainder of the Fiscal Year 2022- 2023. Meetings will be held at the office of the Immokalee Water &Sewer District, located at 1020 Sanitation Rd, Immoka- lee, FL 34142. Notice for Public Comment: Public comment will be allowed at the time the agenda item is being considered. You will be al- lowed to speak for up to three minutes and only once for each item, unless further information is requested, and additional time is granted by the Board. Be advised that the Board may take action on items not listed on the agenda. If this occurs, public comment will be received at the time the item is consid- ered for up to three minutes if you raise your hand to indicate your desire to speak. Comment for non -agenda general discus- s ion by the public will be allowed under Public Concerns (sec tion IL Preliminaries, item d) of the agenda for up to three mi- nutes, unless further information is requested, and additional time is granted by the Board. If a person decides to appeal any decision made by the Board LA_Notice To Creditors IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA IN RE: ESTATE OF John William Rowe Deceased. PROBATE DIVISION File No. 11-2023-CP-000992-0001-XX Division Probate NOTICE TO CREDITORS The administration of the estate of John William Rowe, de- ceased, whose date of death was September 24, 2022, is pend- ing in the Circuit Court for Collier County, Florida, Probate Divi- sion, the address of which is 3315 Tamiami Trail East, Suite 102, Naples, Florida 34112. The names and addresses of the personal representative and the personal representative's attorney are set forth below. All creditors of the decedent and other persons having claims or 'ERIODS SET FORTH ABOVE, OR MORE AFTER THE DECE- notice is May 1Z 2023. LLP IN THE TWENTIETH CIRCUIT COURT IN AND FOR - COLLIER COUNTY, STATE OF FLORIDA PROBATE DIVISION IN RE: FILE NO: 11-2023-CP-001031-0001-XX - ESTATE OF DAVID GILBERT PETROSKE, DIV.: PROBATE Deceased. NOTICE TO CREDITORS The administration of the estate of DAVID GILBERT PETROSKE, deceased, whose date of death was 10/152021, is pending in the Circuit Court for COLLIER County, Florida, Probate Division, the address of which is P.O. Box 413044, Naples, FL 34101-30". The names and addresses of the personal representative and the are set rortn oetow. other persons having claims or The date of first publication of this notice is May 12, 2023. /s/ Danielle Faller HEMNESS FALLER ELDER LAW Attorney for Personal Representative Danielle Faller, Esq. /s/ Jonathan David Petroske Florida Bar# 106324 JONATHAN DAVID PETROSKE 309 N. Parsons Ave. Personal Representative Brandon, FL 33510-4515 1111 Bel Aire Drive (813) 661-5297 Plover, WI 54467 (813) 689-8725 fax danielle@hemnemlaw.com s miceOhemnesslaw.com No. 5696172 May 12, 19, 2023 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA FILE NO: 2023 CA 309 CIVIL DIVISION LEON BRAUNSCHWEIG and JARMILA BRAUNSCHWEIG, Plaintiffs, RANDY NOVAK and NOREEN NOVAK, who cannot be found, or who are concealed within the state of Florida, so that summons and complaint cannot be served upon them at their last known place of residences in Florida, to -wit: 773 Plantation Circle, Marco Island, Florida, and cannot be found in Canada at their place of residence, to wit: 158 Willow Street, Unit 16, Paris, Ontario, Canada, for service of process, YOU ARE HEREBY NOTIFIED that Plaintiffs filed a complaint against both of you to quiet title and expunge and otherwise remove a cloud on title, to -wit: Notice of Contract Purchase re- corded by you on July 29, 2022, in the public records of Collier County, Florida, as instrument number 6289732, OR 6158, Page 2022, against the real estate commonly known as 181 Majorca Circle, Marco Island, Florida, which is owned by Plaintiffs, and legally described as follows: Lot 33, Block 89, Marco Beach Unit Three, a subdivision accom- ing to the Nat thereof as recorded in Plat Book 6, Pages 17 to 24, inclusive, of the Public Records of Collier County, Florida, in the aforesaid Circuit Court for Collier County, Florida, and you are required to serve a copy of your written defenses, if any, to the complaint on counsel for Plaintiffs, David M. enterea against you Tor reiiu oemanaeo of me complaintn rhea herein to quiet title and to expunge and otherwise remove the cloud on title. THIS NOTICE SHALL BE PUBLISHED ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS IN THE NAPLES DAILY NEWS PLAINTIFFS, LEON BRAUNSCHIG and JARMILA BRAUNSCHWEIG BY: David M. Giangrossi Florida Bar No. 0116169 5425 Park Central Court Naples, FL 34109 Phone: 847-508-9011 Fax: 239-593-1169 Email: Floridalaw20l6@gmail.com No. 5697941 May 12, 19, 26, June 2, 2023 `V_M_► i_ NOTICE OF PUBLIC MEETING SUPERVISORS. PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT Friday, May 19, 2023 9:30 A.M. Notice is hereby given that the Port of the Islands Communittyy Impprovement District Supervisors will meet on Fdda,Ma 19 - 2023 at 9:30 AM at the Orchid Cove Clubhouse on 52 005 Pea- cock Lane, Naples, FL 34114 to conduct the business of the Port of the Islands Community Improvement District. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and there- fore may need to ensure that a verbatim record of the proceed- ings is made, which record includes the testimony and evidence upon which the appeal is to be based. tact the Flonda Relay Service at (800) 955-8770 at least two days prior to the date of the meeting, PORT OF THE ISLANDS,COMMUNITY IMPROVEMENT DISTRICT COLLIER COUNTY, FLORIDA DORRILL MANAGEMENT GROUP No. 5689369 . May 12, 2023 Notice Under Fictitious Name Law Pursuant to Section 865.09, Florida Statutes NOTICE IS HEREBY GIVEN that the undersigned, desiring to en- gage in business under the fictitious name of Plush Pet located at 9331 Tamiami Trail N, #1, in the County of Collier, City of Na- ples, Florida 34108 intends to register the said name with the Division of Corporations of the Florida Department of State, Tal- lahassee, Florida. Dated at Naples, Florida, this 9th day of May, 2023 KAT Holdinggs LLC Pub Date: May 12, 2023 5697458 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M. on June 1, 2023, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE AND ZONING ATLAS, WHICH INCLUDESTHE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ESTABLISH THE RULES OF DECORUM RELATED TO NEIGHBORHOOD INFORMATION MEETINGS, BY PROVIDING FOR SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT, SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TEN APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES, INCLUDING SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.[PL2022ODD81721 All interested parties are invited to appear and be heard. Copies of the proposed Ordinance will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL, one (1) week prior to the scheduled hearing. Written comments must be filed with the Zoning Division prior to June 1, 2023. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyf.gov/our-county/ visitors/calendarof-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Edwin Frver. Chairman May 3, 2023 The School Board of Collier County, Florida, will accept sealed bids in the Office of the Sr. Director of N-hasinn until 10-00 a m. nn the date noted below. for the followina: SELL IT Packet Pg. 926 06/01 /2023 COLLIER COUNTY Collier County Planning Commission Item Number: I LA Doc ID: 25378 Item Summary: PL20210002041 Ave Maria SRA - A Resolution of the Collier County Board of County Commissioners designating an additional 951.8f acres within the Rural Lands Stewardship Area Zoning Overlay as part of the Town of Ave Maria Stewardship Receiving Area and removing 50.6f acres, and amending Resolution Nos. 2004-89 and 2005-234A, as amended, the Town of Ave Maria Stewardship Receiving Area (SRA) to add 901 net acres to the SRA, and revise the SRA town plan and master plan in accordance with Section 4.08.07.F of the Land Development Code, and specifically to: add 520f acres at the corner of Camp Keais Road and Oil Well Road which will become town center 2b and neighborhood general, add 3261 acres northwest of the existing northwestern boundary to become a university, to add 106± acres north of the existing northeast boundary to become neighborhood general, remove 50 acres on the western boundary just west of neighborhood general, provide that campus housing including up to 160 single family residences is not subject to the maximum number of residential units in the SRA, and to amend the legal description. The subject property consisting of 5,928 acres is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East, and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Planner 111] Meeting Date: 06/01/2023 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 04/27/2023 2:51 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 04/27/2023 2:51 PM Approved By: Review: Planning Commission Diane Lynch Review item Operations & Regulatory Management Donna Guitard Review Item Zoning Ray Bellows Review Item Zoning James Sabo Review Item Zoning Mike Bosi Review Item Planning Commission Diane Lynch Additional Reviewer Growth Management and Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Completed 05/09/2023 3:07 PM Completed 05/12/2023 2:08 PM Completed 05/12/2023 3:57 PM Completed 05/15/2023 11:36 AM Completed 05/15/2023 1:02 PM Completed 05/24/2023 3:46 PM GMD Deputy Dept Head Completed 05/24/2023 5:29 PM 06/01 /2023 9:00 AM Packet Pg. 927 11.A.a Cother County SUPPLEMENTAL MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION HEARING DATE: JUKE 1, 2023 SUBJECT: SRA-PL20210002041, AVE MARIA STEWARDSHIP RECEIVING AREA (SRA): BOUNDARY MODIFICATION The Ave Maria SRA was heard and approved by the CCPC on April 20, 2023. The Agent submitted a minor .55-acre boundary revision to staff on April 21, 2023. The minor boundary revision removes a .55-acre protrusion located at the northeast corner of the SRA into Camp Keais Road right-of-way. The .55-acres are relocated along the northern edge of the Neighborhood General context zone located in the northeast corner of the SRA. Please see Attachment A-1-Boundary Modification Exhibits. After the April 20 CCPC hearing, the following documents were modified to incorporate the boundary modification and are part of Attachment A -Proposed Ave Maria Resolution: Exhibit A -Revised Legal Description and Appendix A, Revised Legal Description, of Town Plan Exhibit A-1-SRA Boundary Modification Exhibit Exhibit B-Revised Credit Agreement Exhibit C-Revised Master Plan Exhibit D-Pages replaced in SRA application of Town Plan Exhibit E-Pages replaced in the Town Plan Exhibit F-The Natural Resource Index (NRI) Assessment for added acreage There are no changes to the intensity, density, or compatibility of the Ave Maria SRA. Therefore, the staff recommendation of approval remains. CONCLUSION: Staff requests confirmation from the CCPC to move forward to the BCC or to rehear SRA-PL20210002041, Ave Maria SRA. END OF MEMORANDUM Supplemental Memo May 3, 2023 Packet Pg. 928 11.A.b RESOLUTION NO.2023 - A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING AN ADDITIONAL 951.8t ACRES WITHIN THE RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY AS PART OF THE TOWN OF AVE MARIA STEWARDSHIP RECEIVING AREA AND REMOVING 50.6t ACRES, AND AMENDING RESOLUTION NOS. 2004-89 AND 2005-234A, AS AMENDED, THE TOWN OF AVE MARIA STEWARDSHIP RECEIVING AREA (SRA) TO ADD 901 NET ACRES TO THE SRA, AND REVISE THE SRA TOWN PLAN AND MASTER PLAN IN ACCORDANCE WITH SECTION 4.08.07.F OF THE LAND DEVELOPMENT CODE, AND SPECIFICALLY TO: ADD 520f ACRES AT THE CORNER OF CAMP KEAIS ROAD AND OIL WELL ROAD WHICH WILL BECOME TOWN CENTER 2b AND NEIGHBORHOOD GENERAL, ADD 326t ACRES NORTHWEST OF THE EXISTING NORTHWESTERN BOUNDARY TO BECOME UNIVERSITY, TO ADD 106f ACRES NORTH OF THE EXISTING NORTHEAST BOUNDARY TO BECOME NEIGHBORHOOD GENERAL, REMOVE 50 ACRES ON THE WESTERN BOUNDARY JUST WEST OF NEIGHBORHOOD GENERAL, REVISE DEVELOPMENT PARAMETERS INCLUDED IN TABLE 1, AVE MARIA LAND USE, PROVIDE THAT CAMPUS HOUSING INCLUDING UP TO 160 SINGLE FAMILY RESIDENCES IS NOT SUBJECT TO THE MAXIMUM NUMBER OF RESIDENTIAL UNITS IN THE SRA UNLESS ASSOCIATED WITH THE UNIVERSITY GOLF COURSE, UPDATE SRA MASTER PLAN, AND TO AMEND THE LEGAL DESCRIPTION. THE SUBJECT PROPERTY CONSISTING OF 5928 ACRES IS LOCATED NORTH OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD IN SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA. [PL20210002041] WHEREAS, the Board of County Commissioners approved the Town of Ave Maria Stewardship Sending Area (SRA) by Resolution No. 2004-89 on March 23, 2004 and Resolution No. 2005-234A on June 14, 2005; and WHEREAS, the Board of County Commissioners approved amendments to the SRA by Resolution No. 11-131 on July 26, 2011; Resolution No. 2012-232 on November 13, 2012; Resolution No. 14-222 on October 14, 2014; Resolution No. 19-102 on June 11, 2019; Resolution No. 2021-67; and Resolution No. 2022-09 on January 11, 2022; and WHEREAS, as part of the approval of the SRA, the Board approved the Ave Maria Town Plan and Master Plan; and i22-CPS-02229/1785091/11130 Ave Maria/PL20210002041 Text underlined is added; text stiaek thf ough is deleted. 1 of 3 4/24/23 Packet Pg. 929 11.A.b WHEREAS, Ave Maria Development LLLP has applied for an amendment to the SRA Town Plan and Master Plan in accordance with Section 4.08.07.F of the LDC and Appendix D of the Ave Maria Town Plan; and WHEREAS, Applicant and Owner seek to utilize 193.4 Stewardship Credits generated from the Board's designation of SSA #6 and 7246.6 Stewardship Credits generated from the Board's designation of SSA #9 to entitle the designation of the additional acreage for the Town of Ave Maria SRA. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board hereby approves and designates an additional 951.8± acres as part of the Town of Ave Maria SRA and removes 50.6± acres from the SRA bringing the total SRA acreage to 5928 acres described in the revised legal description attached hereto as Exhibit "A", subject to the requirements of the SRA Development Document and Master Plan set forth in Resolution No. 2004-89, as amended, and as further amended by this Resolution, subject to the following condition: Prior to issuance of the first SDP and/or PPL for the 951.8± acres of lands being added to the Town as shown on The SRA Boundary Modification Exhibit, attached hereto as Exhibit "A-1", a Listed Species Management Plan, to include the Town of Ave Maria SRA Amendment Human -Wildlife Coexistence Plan, must be provided for County review, with approval from FWCC and/or USFWS, for management of the Florida panther (Puma concolor coryi) and all other listed species, unless FWCC and USFWS determines mitigation and management are not needed. 2. The Board hereby approves the Amended Stewardship Receiving Credit Agreement, a copy of which is attached hereto as Exhibit "B", requiring Owners to transfer and assign an additional 7,440 Stewardship Credits for a total of 36,098.4 Stewardship Credits for the Town of Ave Maria SRA. 3 The Master Plan, Page 6 of the Town Plan, is hereby deleted in its entirety and replaced with the Master Plan attached hereto as Exhibit "C" to this Resolution. 4. Pages 1 and 2 of the Executive Summary, Page 2 of the Introduction, and Page 3 of the Statement of Compliance, are hereby amended and replaced with the pages attached hereto as Exhibit "D" to this Resolution. 5. Pages 2, 3, 5, 7, 9, 11, 13, 23, 54, 76, 97, 114, 124, 126, 132, 140, 170, and 175 of the Town Plan are hereby amended and replaced with the pages attached hereto as Exhibit "E" to this Resolution. 6. Appendix A of the Town Plan, the legal description, is hereby deleted in its entirety and replaced with Appendix A attached hereto as Exhibit "A" to this Resolution. [22-CPS-02229/1785091/1] 130 Ave Maria/PL20210002041 Text underlined is added; text stFuck through is deleted. 2 of 3 4/24/23 Packet Pg. 930 11.A.b 7. The Natural Resource Index (NRI) Assessment for the added acreage is attached hrereto as Exhibit "F." 8. Except as set forth herein, the Ave Maria Town Plan shall remain in full force and effect. THIS RESOLUTION ADOPTED after motion, second and majority vote this day of 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legality: -5 Heidi Ashton-Cicko Managing Assistant County Attorney Rick LoCastro, Chairman Attachments: Exhibit A — Revised Legal Description and Appendix A, Revised Legal Description, of Town Plan Exhibit A-1— SRA Boundary Modification Exhibit Exhibit B — Revised Credit Agreement Exhibit C — Revised Master Plan Exhibit D — Pages replaced in SRA application of the Town Plan Exhibit E — Pages replaced in the Town Plan Exhibit F — The Natural Resource Index (NRI) Assessment for added acreage [22-CPS-02229/1785091 /11130 Ave Maria/PL20210002041 Text underlined is added; text stme�gh is deleted. 4/24/23 3 of-3 Packet Pg. 931 EXHIBIT A TO RESOLUTION AND APPENDIX A TO TOWN PLAN 11.A.b APPENDIX A PENINSULA ENGINEERING , LEGAL DESCRIPTION OF PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, AND SECTIONS 28, 29, 30, 31, 32, 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND SECTIONS 4, 5, 6, 7, 8, 9, 16, 17, 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA ALL THAT PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, AND SECTIONS 28, 29 , 30, 31, 32 AND 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND SECTIONS 4, 5, 6, 7, 8, 9, 16, 17 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 01 °04'07" WEST 150.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88°57'06" WEST 354.33 FEET; THENCE NORTH 01 °07'23" WEST 200.01 FEET; THENCE SOUTH 88°57'05" WEST 2,215.48 FEET; THENCE SOUTH 88°55'37" WEST 1,128.15 FEET; THENCE SOUTH 89°32'56" WEST 1,286.63 FEET; THENCE NORTH 00°27'04" WEST 1,089.55 FEET; THENCE SOUTH 89°32'56" WEST 242.19 FEET; THENCE SOUTH 89°24'19" WEST 3,977.40 FEET; THENCE NORTH 00°01'40" EAST 1,280.68 FEET; THENCE NORTH 90°00'00" EAST 1,125.68 FEET; THENCE NORTH 00°19'38" WEST 520.46 FEET; THENCE NORTH 09°27'58" EAST 38.31 FEET, - THENCE NORTH 14°56'15" EAST 32.59 FEET, - THENCE NORTH 59°02'49" EAST 24.49 FEET; THENCE NORTH 68°12'25" EAST 33.93 FEET; THENCE NORTH 73°08'54" EAST 72.42 FEET; THENCE NORTH 69°14'09" EAST 65.14 FEET; THENCE NORTH 61'11'58" EAST 47.93 FEET; THENCE NORTH 56°44'10" EAST 80.38 FEET; THENCE NORTH 54°18'17" EAST 82.75 FEET, - THENCE NORTH 51'34'19" EAST 552.31 FEET; THENCE NORTH 12°32'03" EAST 52.12 FEET, - THENCE NORTH 16°41'34" WEST 780.99 FEET; THENCE NORTH 38'40'18" WEST 48.27 FEET, - THENCE NORTH 55°58'45" WEST 175.13 FEET; THENCE NORTH 78'14'12" WEST 46.21 FEET; THENCE SOUTH 86°41'17" WEST 358.77 FEET; THENCE NORTH 43°16'35" WEST 44.00 FEET; THENCE NORTH 01 °28'53" WEST 584.34 FEET; THENCE NORTH 88°45'30" EAST 2,256.99 FEET; THENCE NORTH 11'31'40" WEST 679.82 FEET; THENCE NORTH 29°57'19" EAST 43.24 FEET; THENCE NORTH 80'03'11" EAST 750.96 FEET; THENCE NORTH 82°05'14" EAST 23.32 FEET; 2600 Golden Gate Par,... _.,, .._,_ __, . orid a, 34105 Office 239.403.6700 Fax 239.261.179, Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page190 T 2 m Q 0 N O O O N Co N J d 0 ti M LO Packet Pg. 932 11.A.b _ PENINSULA,' ENGINEERING I THENCE NORTH 08°45'48" WEST 831.15 FEET; THENCE 82.76 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 128.55 FEET THROUGH A CENTRAL ANGLE OF 36'53111" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23°30'23" EAST 81.34 FEET TO A POINT OF REVERSE CURVATURE; THENCE 149.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 215.80 FEET THROUGH A CENTRAL ANGLE OF 39°48'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 22°02'37" EAST 146.95 FEET; THENCE NORTH 02008'16" EAST 434.86 FEET; THENCE NORTH 38040'13" EAST 124.61 FEET; THENCE NORTH 23055'58" EAST 503.82 FEET; THENCE NORTH 89019'06" EAST 272.53 FEET; THENCE NORTH 81010'42" EAST 718.98 FEET; THENCE NORTH 09056'39" EAST 638.73 FEET; THENCE NORTH 73°36'58" EAST 172.46 FEET; THENCE NORTH 10°53'22" EAST 171.73 FEET; THENCE 327.51 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 275.44 FEET THROUGH A CENTRAL ANGLE OF 68*07,371, AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 39°53'35" WEST 308.56 FEET; THENCE NORTH 73057'24" WEST 492.85 FEET; THENCE 313.21 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 331.73 FEET THROUGH A CENTRAL ANGLE OF 54005'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS WEST 301.71 FEET; THENCE SOUTH 62057'04" WEST 506.32 FEET; THENCE 155.39 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 107.24 FEET THROUGH A CENTRAL ANGLE OF 83°01131" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 27°09'30" WEST 142.15 FEET; THENCE SOUTH 14°21'16" EAST 287.88 FEET; THENCE 341.14 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 168.89 FEET THROUGH A CENTRAL ANGLE OF 115°44'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 29°11'23" WEST 286.03 FEET; THENCE SOUTH 87003'24" WEST 81.50 FEET; THENCE SOUTH 19006'00" WEST 178.46 FEET; THENCE SOUTH 73034'35" WEST 263.81 FEET; THENCE SOUTH 33042'00" WEST 81.86 FEET; THENCE SOUTH 51052'05" WEST 1,402.28 FEET; THENCE 219.21 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 151.50 FEET THROUGH A CENTRAL ANGLE OF 82°54107" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 22°50'28" WEST 200.58 FEET; THENCE SOUTH 18°36'35" EAST 1,047.10 FEET; THENCE 196.86 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 170.73 FEET THROUGH A CENTRAL ANGLE OF 66°04100" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 48032'34" EAST 186.14 FEET; THENCE SOUTH 81 °34'34" EAST 177.10 FEET; THENCE SOUTH 14002'28" EAST 106.97 FEET; THENCE SOUTH 15053'24" WEST 33.42 FEET; THENCE SOUTH 72018'08" WEST 347.96 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 72018'08" WEST 977.05 FEET; THENCE NORTH 16°22'40" WEST 868.64 FEET; THENCE NORTH 16°02'21" WEST 1,001.63 FEET; THENCE NORTH 15°43'23" WEST 808.63 FEET; THENCE NORTH 14°29'42" WEST 215.30 FEET; Appendix A Lbuu uoiaen pate ramway, r4apies, rloricla, 34105 Office 239.403.6700 Fax 239.261.1797 Town Plan Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Page 191 Packet Pg. 933 11.A.b _ PENINSULA,' ENGINEERING I THENCE NORTH 02051'21" WEST 51.77 FEET; THENCE NORTH 37059'19" EAST 51.77 FEET; THENCE NORTH 58°24'39" EAST 660.90 FEET; THENCE NORTH 56°56'25" EAST 865.77 FEET; THENCE NORTH 62°27'21" EAST 303.89 FEET; THENCE NORTH 58'11'43" EAST 148.88 FEET; THENCE NORTH 66°27'20" EAST 99.67 FEET; THENCE NORTH 79°59'44" EAST 60.67 FEET; THENCE NORTH 18039'40" EAST 212.96 FEET; THENCE NORTH 13026'09" EAST 80.67 FEET; THENCE NORTH 04005'14" EAST 65.75 FEET; THENCE NORTH 00047'28" EAST 593.12 FEET; THENCE NORTH 05029'40" EAST 61.18 FEET; THENCE NORTH 20017'22" EAST 57.43 FEET; THENCE NORTH 51 °55'17" EAST 55.07 FEET, - THENCE SOUTH 84°48'27" EAST 51.76 FEET, - THENCE SOUTH 67°53'53" EAST 40.46 FEET, - THENCE SOUTH 53°37'33" EAST 55.29 FEET; THENCE SOUTH 55°37'37" EAST 158.19 FEET; THENCE SOUTH 66028'32" EAST 79.22 FEET; THENCE SOUTH 81 °19'48" EAST 69.92 FEET; THENCE NORTH 80053'08" EAST 96.10 FEET; THENCE NORTH 83009'35" EAST 88.49 FEET; THENCE SOUTH 75058'08" EAST 57.96 FEET; THENCE SOUTH 45044'09" EAST 65.43 FEET; THENCE SOUTH 23°12'23" EAST 107.03 FEET; THENCE SOUTH 31 °09'29" EAST 124.53 FEET; THENCE SOUTH 36°28'03" EAST 195.13 FEET; THENCE SOUTH 41 °49'01" EAST 193.27 FEET; THENCE SOUTH 41 °27'57" EAST 187.53 FEET; THENCE SOUTH 50°06'28" EAST 177.12 FEET; THENCE NORTH 86006'03" EAST 103.33 FEET; THENCE NORTH 82007'11" EAST 76.87 FEET; THENCE NORTH 58049'02" EAST 61.16 FEET; THENCE NORTH 41011'10" EAST 266.09 FEET; THENCE NORTH 43045'15" EAST 203.61 FEET; THENCE NORTH 63026'06" EAST 230.87 FEET; THENCE NORTH 55°12'54" EAST 17.74 FEET, - THENCE NORTH 06'58'17" WEST 40.07 FEET; THENCE NORTH 60°20'46" EAST 94.06 FEET, - THENCE NORTH 14°42'46" EAST 42.02 FEET, - THENCE NORTH 52°22'08" EAST 29.10 FEET, - THENCE NORTH 05013'18" EAST 37.01 FEET; THENCE NORTH 07013'16" WEST 185.10 FEET; THENCE NORTH 08055'50" WEST 66.36 FEET; THENCE NORTH 08035'26" WEST 70.11 FEET; THENCE NORTH 03030'28" EAST 24.24 FEET; THENCE NORTH 09022'28" EAST 32.62 FEET; THENCE NORTH 32'03'11" EAST 61.35 FEET, - THENCE NORTH 41 °59'52" EAST 54.16 FEET, - THENCE NORTH 46°38'59" EAST 44.15 FEET, - THENCE NORTH 40°19'34" EAST 80.40 FEET; Lbuu uoiaen pate rarmay, ivapies, rloricla, 34105 Office 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page 192 Packet Pg. 934 11.A.b _ PENINSULA,' ENGINEERING I THENCE NORTH 39030'46" EAST 42.43 FEET; THENCE NORTH 52007'39" EAST 71.16 FEET; THENCE NORTH 60'17'11" EAST 55.95 FEET; THENCE NORTH 68°43'34" EAST 63.02 FEET; THENCE NORTH 86'12'19" EAST 41.51 FEET; THENCE SOUTH 75°32'58" EAST 74.98 FEET; THENCE NORTH 78°55'50" EAST 42.97 FEET; THENCE NORTH 69°31'07" EAST 36.80 FEET; THENCE NORTH 75037'20" EAST 34.34 FEET; THENCE SOUTH 72008'39" EAST 57.43 FEET; THENCE SOUTH 56052'50" EAST 70.22 FEET; THENCE SOUTH 56052'18" EAST 99.31 FEET; THENCE SOUTH 70035'59" EAST 56.76 FEET; THENCE SOUTH 85012'15" EAST 70.23 FEET; THENCE NORTH 85°47'37" EAST 52.90 FEET, - THENCE NORTH 77°16'18" EAST 51.33 FEET, - THENCE NORTH 64°20'23" EAST 9.49 FEET; THENCE NORTH 23°58'25" EAST 60.47 FEET, - THENCE NORTH 39°27'42" EAST 136.06 FEET; THENCE NORTH 18012'03" EAST 123.70 FEET; THENCE NORTH 16026'30" WEST 137.54 FEET; THENCE NORTH 45055'34" WEST 133.51 FEET; THENCE NORTH 84043'21" WEST 101.26 FEET; THENCE SOUTH 87006'53" WEST 375.05 FEET; THENCE SOUTH 86031'55" WEST 296.36 FEET; THENCE NORTH 02'29'11" WEST 25.06 FEET; THENCE SOUTH 85°19'00" WEST 63.79 FEET; THENCE SOUTH 87°01'35" WEST 57.73 FEET; THENCE NORTH 85'14'11" WEST 27.05 FEET; THENCE NORTH 86'11'09" WEST 22.51 FEET; THENCE NORTH 71 °01'47" WEST 25.34 FEET; THENCE NORTH 74057'44" WEST 25.97 FEET; THENCE NORTH 80042'24" WEST 41.73 FEET; THENCE NORTH 77000'19" WEST 49.95 FEET; THENCE NORTH 78026'56" WEST 104.70 FEET; THENCE NORTH 78045'16" WEST 195.82 FEET; THENCE NORTH 79021'51" WEST 81.14 FEET; THENCE NORTH 76'30'15" WEST 38.50 FEET; THENCE NORTH 70°33'36" WEST 13.50 FEET; THENCE NORTH 53°58'21" WEST 10.18 FEET; THENCE NORTH 53°58'22" WEST 10.18 FEET; THENCE NORTH 43°09'08" WEST 16.42 FEET; THENCE NORTH 34052'31" WEST 30.12 FEET; THENCE NORTH 37008'48" WEST 31.00 FEET; THENCE NORTH 45000'00" WEST 37.06 FEET; THENCE NORTH 43028'45" WEST 29.92 FEET; THENCE NORTH 52029'45" WEST 40.59 FEET; THENCE NORTH 53028'16" WEST 25.16 FEET; THENCE NORTH 69°51'49" WEST 23.93 FEET; THENCE NORTH 72°53'50" WEST 40.74 FEET; THENCE NORTH 74°38'02" WEST 101.72 FEET; THENCE NORTH 76°25'14" WEST 79.73 FEET; Lbuu uoiaen pate ramway, r4apies, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page193 Packet Pg. 935 11.A.b �, PENINSULA'`,' ENGINEERING � THENCE NORTH 73050'34" WEST 83.41 FEET; THENCE NORTH 77016'32" WEST 71.39 FEET; THENCE NORTH 89°42'58" WEST 0.16 FEET; THENCE NORTH 70°38'50" WEST 32.47 FEET; THENCE NORTH 75°44'50" WEST 240.26 FEET; THENCE SOUTH 76°22'29" WEST 54.20 FEET; THENCE NORTH 75°46'41"WEST 12.81 FEET; THENCE NORTH 78°06'45" WEST 243.02 FEET; THENCE SOUTH 87032'28" WEST 438.43 FEET; THENCE SOUTH 86036'21" WEST 1,109.58 FEET; THENCE NORTH 77000'11" WEST 142.86 FEET; THENCE NORTH 17030'03" EAST 207.66 FEET; THENCE NORTH 79012'42" WEST 648.91 FEET; THENCE NORTH 60023'31" WEST 201.48 FEET; THENCE CONTINUE ALONG SAID LINE NORTH 60°23'31" WEST 96.77 FEET; THENCE NORTH 15°23'31"WEST 24.04 FEET; THENCE NORTH 60°23'31" WEST 359.22 FEET; THENCE SOUTH 74°36'29" WEST 24.04 FEET, - THENCE NORTH 60°23'31"WEST 74.11 FEET; THENCE NORTH 07046'40" WEST 329.68 FEET; THENCE NORTH 02036'09" WEST 45.49 FEET; THENCE NORTH 19058'59" WEST 24.18 FEET; THENCE NORTH 50054'22" WEST 42.58 FEET; THENCE NORTH 61023'23" WEST 51.76 FEET; THENCE NORTH 66034'18" WEST 67.53 FEET; THENCE NORTH 69'41'11" WEST 428.39 FEET; THENCE NORTH 70'24'12" WEST 628.17 FEET; THENCE NORTH 68°54'47" WEST 215.29 FEET; THENCE NORTH 69°23'00" WEST 343.17 FEET; THENCE NORTH 69°35'25" WEST 94.77 FEET; THENCE NORTH 71 °33'54" WEST 42.46 FEET; THENCE NORTH 76030'15" WEST 26.55 FEET; THENCE SOUTH 81 °52'12" WEST 10.38 FEET; THENCE NORTH 03020'45" EAST 37.51 FEET; THENCE 19.24 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 142.45 FEET THROUGH A CENTRAL ANGLE OF 07044'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 89014'21" EAST 19.22 FEET TO A POINT OF REVERSE CURVATURE; THENCE 17.14 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 14.00 FEET THROUGH A CENTRAL ANGLE OF 70°07'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 59°33'50" EAST 16.09 FEET; THENCE NORTH 24°29'55" EAST 8.32 FEET; THENCE NORTH 31014'01" WEST 17.16 FEET; THENCE NORTH 13029'45" EAST 797.35 FEET; THENCE NORTH 67050'44" EAST 418.32 FEET; THENCE NORTH 37039'56" EAST 34.70 FEET; THENCE NORTH 15000'04" WEST 7.09 FEET; THENCE NORTH 09044'37" WEST 29.09 FEET; THENCE NORTH 34°31'24" EAST 30.44 FEET, - THENCE NORTH 37°33'50" EAST 57.89 FEET, - THENCE NORTH 37°38'54" EAST 82.20 FEET, - THENCE NORTH 37°31'13" EAST 87.95 FEET; Lbuu uoiaen pate ramway, r4apies, rloricla, 34105 Office 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page194 Packet Pg. 936 11.A.b _ PENINSULA,' ENGINEERING I THENCE NORTH 38041'56" EAST 85.43 FEET; THENCE NORTH 31045'33" EAST 106.24 FEET; THENCE NORTH 30°15'42" EAST 99.96 FEET; THENCE NORTH 29°16'18" EAST 94.59 FEET; THENCE NORTH 26'23'10" EAST 88.01 FEET; THENCE NORTH 22°30'47" EAST 87.82 FEET; THENCE NORTH 18°21'12" EAST 77.01 FEET; THENCE NORTH 30°33'53" EAST 99.99 FEET; THENCE NORTH 27015'39" EAST 61.95 FEET; THENCE NORTH 34008'59" EAST 48.68 FEET; THENCE NORTH 48049'37" EAST 43.42 FEET; THENCE NORTH 58007'01" EAST 52.34 FEET; THENCE NORTH 63030'46" EAST 78.49 FEET; THENCE NORTH 66054'01" EAST 83.15 FEET; THENCE NORTH 66°45'00" EAST 45.64 FEET, - THENCE SOUTH 61 °55'39" EAST 6.91 FEET; THENCE NORTH 69°34'35" EAST 118.02 FEET; THENCE NORTH 81 °56'55" EAST 17.06 FEET; THENCE NORTH 86°43'15" EAST 124.39 FEET; THENCE NORTH 13046'19" WEST 328.58 FEET; THENCE NORTH 70048'07" EAST 76.21 FEET; THENCE NORTH 54029'06" EAST 37.97 FEET; THENCE NORTH 21053'45" WEST 54.48 FEET; THENCE NORTH 70047'14" EAST 77.55 FEET; THENCE NORTH 71°02'31"EAST 35.61 FEET; THENCE NORTH 72°16'21" EAST 131.70 FEET; THENCE NORTH 72°04'43" EAST 126.98 FEET; THENCE NORTH 73°13'18" EAST 106.86 FEET; THENCE NORTH 71'11'17" EAST 74.14 FEET; THENCE NORTH 68°33'08" EAST 30.93 FEET, - THENCE NORTH 71 °33'54" EAST 17.88 FEET, - THENCE NORTH 81015'14" EAST 13.52 FEET; THENCE SOUTH 83005'20" EAST 17.09 FEET; THENCE SOUTH 47043'35" EAST 15.29 FEET; THENCE SOUTH 37020'58" EAST 24.58 FEET; THENCE SOUTH 16038'20" EAST 46.68 FEET; THENCE SOUTH 24010'17" EAST 35.78 FEET; THENCE SOUTH 21 °52'45" EAST 70.36 FEET, - THENCE SOUTH 34°33'45" EAST 28.09 FEET, - THENCE SOUTH 47°26'12" EAST 34.20 FEET, - THENCE SOUTH 52°25'53" EAST 8.43 FEET; THENCE SOUTH 71 °33'54" EAST 9.75 FEET; THENCE SOUTH 85001'49" EAST 11.87 FEET; THENCE SOUTH 87008'15" EAST 20.59 FEET; THENCE SOUTH 88025'50" EAST 37.54 FEET; THENCE NORTH 87033'48" EAST 48.37 FEET; THENCE SOUTH 89035'00" EAST 141.38 FEET; THENCE NORTH 89006'34" EAST 99.23 FEET; THENCE NORTH 84°31'51" EAST 48.55 FEET, - THENCE NORTH 82°20'00" EAST 26.97 FEET, - THENCE NORTH 79°46'40" EAST 31.87 FEET, - THENCE NORTH 76°27'51" EAST 28.56 FEET; Lbuu uoiaen pate ramway, r4apies, rloricla, 34105 Office 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page195 Packet Pg. 937 11.A.b _ PENINSULA,' ENGINEERING I THENCE NORTH 70023'45" EAST 39.84 FEET; THENCE NORTH 70048'11" EAST 134.46 FEET; THENCE NORTH 70°37'19" EAST 79.02 FEET; THENCE NORTH 66°32'28" EAST 29.70 FEET; THENCE NORTH 57°49'44" EAST 37.66 FEET; THENCE NORTH 53°21'57" EAST 74.96 FEET; THENCE NORTH 54°24'59" EAST 148.87 FEET; THENCE NORTH 50°50'35" EAST 203.54 FEET; THENCE NORTH 48043'53" EAST 33.52 FEET; THENCE NORTH 32023'52" EAST 31.67 FEET; THENCE 334.86 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 272.48 FEET THROUGH A CENTRAL ANGLE OF 70024'48" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 06025'03" WEST 314.18 FEET; THENCE NORTH 41 °37'27" WEST 133.18 FEET; THENCE 184.60 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 573.36 FEET THROUGH A CENTRAL ANGLE OF 18°26'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 50°50'52" WEST 183.80 FEET; THENCE NORTH 60°04'16" WEST 149.32 FEET; THENCE 44.34 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 29.99 FEET THROUGH A CENTRAL ANGLE OF 84041'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 17043'30" WEST 40.41 FEET; THENCE NORTH 24037'19" EAST 570.03 FEET; THENCE CONTINUE ALONG SAID LINE NORTH 24037'19" EAST 101.66 FEET; THENCE NORTH 23058'37" EAST 211.35 FEET; THENCE NORTH 27045'05" EAST 100.63 FEET; THENCE NORTH 34°51'48" EAST 129.90 FEET; THENCE NORTH 36°14'23" EAST 119.58 FEET; THENCE NORTH 39°15'14" EAST 61.92 FEET, - THENCE NORTH 30°37'48" EAST 96.80 FEET, - THENCE NORTH 31 °09'42" EAST 136.09 FEET; THENCE NORTH 31 °57'25" EAST 103.02 FEET; THENCE NORTH 32039'03" EAST 134.08 FEET; THENCE NORTH 28032'24" EAST 53.34 FEET; THENCE NORTH 31015'49" EAST 35.90 FEET; THENCE NORTH 36052'12" EAST 24.66 FEET; THENCE NORTH 53049'13" EAST 22.74 FEET; THENCE NORTH 59030'01" EAST 46.43 FEET; THENCE NORTH 58°16'35" EAST 70.87 FEET, - THENCE NORTH 46°49'06" EAST 48.85 FEET, - THENCE NORTH 34°36'20" EAST 66.58 FEET, - THENCE NORTH 36°23'58" EAST 266.89 FEET; THENCE NORTH 35°28'00" EAST 51.47 FEET; THENCE NORTH 24013'40" EAST 48.08 FEET; THENCE NORTH 20029'50" EAST 62.60 FEET; THENCE NORTH 17032'36" EAST 44.54 FEET; THENCE NORTH 11002'07" EAST 134.56 FEET; THENCE NORTH 09°20'41"EAST 65.81 FEET; THENCE NORTH 08049'13" EAST 32.16 FEET; THENCE NORTH 02'07'16" WEST 14.81 FEET; THENCE NORTH 19°58'59" WEST 12.83 FEET; THENCE NORTH 29°55'53" WEST 20.87 FEET; THENCE NORTH 45°00'00" WEST 56.96 FEET; Lbuu uoiaen pate ramway, r4apies, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page196 Packet Pg. 938 11.A.b _ PENINSULA,' ENGINEERING I THENCE NORTH 48051'56" WEST 57.48 FEET; THENCE NORTH 42038'48" WEST 28.31 FEET; THENCE NORTH 38°47'48" WEST 35.86 FEET; THENCE NORTH 43°25'04" WEST 39.03 FEET; THENCE NORTH 49°30'49" WEST 57.23 FEET; THENCE NORTH 80°05'04" WEST 162.01 FEET; THENCE SOUTH 70°27'37" WEST 353.26 FEET. THENCE SOUTH 52°04'25" WEST 180.21 FEET; THENCE SOUTH 46015'33" WEST 105.62 FEET; THENCE SOUTH 14006'59" WEST 71.07 FEET; THENCE SOUTH 00000'00" EAST 184.61 FEET; THENCE SOUTH 33022'39" WEST 119.87 FEET; THENCE SOUTH 51 °50'44" WEST 123.51 FEET; THENCE SOUTH 08048'01" WEST 181.00 FEET; THENCE SOUTH 12°32'13" WEST 159.70 FEET; THENCE SOUTH 29°05'58" WEST 178.41 FEET; THENCE SOUTH 19°43'20" WEST 92.39 FEET; THENCE SOUTH 06°03'53" WEST 66.01 FEET, - THENCE SOUTH 33°44'00" EAST 74.98 FEET; THENCE SOUTH 35038'09" EAST 285.70 FEET; THENCE SOUTH 36044'05" WEST 69.62 FEET; THENCE SOUTH 37056'14" WEST 281.93 FEET; THENCE SOUTH 49031'43" WEST 127.67 FEET; THENCE SOUTH 80025'32" WEST 404.49 FEET; THENCE NORTH 87054'54" WEST 90.21 FEET; THENCE NORTH 25°36'44" WEST 88.26 FEET, - THENCE NORTH 12°58'39" WEST 231.55 FEET; THENCE NORTH 06°53'41" WEST 202.48 FEET; THENCE NORTH 27°13'10" WEST 136.55 FEET; THENCE NORTH 25'34'19" WEST 232.85 FEET; THENCE SOUTH 65°09'12" WEST 91.77 FEET; THENCE SOUTH 62032'35" WEST 179.73 FEET; THENCE SOUTH 40040'30" WEST 69.24 FEET; THENCE SOUTH 25023'41" WEST 80.83 FEET; THENCE SOUTH 07019'04" WEST 272.16 FEET; THENCE SOUTH 24058'00" WEST 197.30 FEET; THENCE SOUTH 19011'56" WEST 158.12 FEET; THENCE SOUTH 12°44'34" WEST 220.40 FEET, - THENCE SOUTH 16°08'12" WEST 274.18 FEET, - THENCE SOUTH 04°07'12" WEST 97.07 FEET; THENCE SOUTH 24°50'20" EAST 57.86 FEET; THENCE SOUTH 71 °32'44" EAST 285.12 FEET; THENCE SOUTH 23016'18" EAST 105.39 FEET; THENCE SOUTH 55019'43" EAST 109.62 FEET; THENCE SOUTH 61047" 3" EAST 59.01 FEET; THENCE SOUTH 04°32'27" WEST 218.94 FEET; THENCE SOUTH 62048'36" WEST 159.81 FEET; THENCE SOUTH 62013'07" WEST 380.23 FEET; THENCE SOUTH 65°59'35" WEST 157.48 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 65°59'35" WEST 165.20 FEET; THENCE NORTH 57'18'14" WEST 288.59 FEET; THENCE NORTH 10'35'39" WEST 112.69 FEET; Lbuu (joiaen pate ramway, r4apies, rloricla, 34105 Office 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page197 Packet Pg. 939 11.A.b _ PENINSULA,' ENGINEERING I THENCE NORTH 34010'37" WEST 80.33 FEET; THENCE NORTH 80029'31" WEST 84.44 FEET; THENCE SOUTH 80°29'10" WEST 168.78 FEET; THENCE NORTH 24'16'43" WEST 252.93 FEET; THENCE NORTH 36°32'15" WEST 99.05 FEET; THENCE NORTH 71°40'01" WEST 54.78 FEET; THENCE SOUTH 66°47'19" WEST 60.37 FEET; THENCE SOUTH 49°53'20" WEST 371.87 FEET; THENCE SOUTH 11 001'44" WEST 127.06 FEET; THENCE SOUTH 08023'02" WEST 189.92 FEET; THENCE SOUTH 05003'18" WEST 355.01 FEET; THENCE SOUTH 21 °53'22" WEST 74.28 FEET; THENCE SOUTH 87025'10" WEST 72.89 FEET; THENCE NORTH 88034'25" WEST 263.66 FEET; THENCE MORTH 90°00,00" WEST 353.73 FEET; THENCE NORTH 16'28'18" WEST 44.49 FEET; THENCE NORTH 05°27'34" EAST 451.68 FEET; THENCE NORTH 05°27'37" EAST 140.12 FEET; THENCE NORTH 22°49'53" EAST 128.19 FEET; THENCE NORTH 22049'55" EAST 178.94 FEET; THENCE NORTH 61010'39" EAST 66.37 FEET; THENCE NORTH 57025'33" EAST 35.05 FEET; THENCE NORTH 45031'06" EAST 208.44 FEET; THENCE NORTH 34034'40" EAST 34.88 FEET; THENCE NORTH 00017'55" EAST 39.38 FEET; THENCE NORTH 18°44'29" WEST 30.33 FEET; THENCE NORTH 44°51'02" WEST 39.13 FEET; THENCE NORTH 35°26'57" EAST 36.45 FEET, - THENCE NORTH 75°05'04" EAST 191.26 FEET; THENCE NORTH 78°18'20" EAST 230.73 FEET; THENCE NORTH 42°17'55" EAST 47.70 FEET; THENCE NORTH 11048'13" EAST 270.74 FEET; THENCE NORTH 12031'52" EAST 268.96 FEET; THENCE NORTH 05056'18" EAST 226.03 FEET; THENCE NORTH 15037'05" EAST 96.66 FEET; THENCE NORTH 45040'40" EAST 79.32 FEET; THENCE NORTH 31013'34" EAST 57.57 FEET; THENCE NORTH 11'08'47" WEST 49.34 FEET; THENCE NORTH 44°55'31" WEST 55.62 FEET; THENCE NORTH 39°20'48" WEST 216.44 FEET; THENCE NORTH 18°29'43" WEST 61.43 FEET; THENCE NORTH 18°04'35" WEST 31.07 FEET; THENCE NORTH 45000'00" WEST 13.92 FEET; THENCE NORTH 00016'24" EAST 107.49 FEET; THENCE NORTH 17009'43" EAST 102.19 FEET; THENCE NORTH 28049'30" EAST 144.23 FEET; THENCE NORTH 42024'23" EAST 250.02 FEET; THENCE NORTH 23044'16" EAST 74.39 FEET; THENCE NORTH 00°17'54" EAST 19.69 FEET, - THENCE NORTH 47°47'05" EAST 13.43 FEET, - THENCE NORTH 00'11'57" EAST 59.08 FEET, - THENCE NORTH 53°03'30" WEST 49.15 FEET; Lbuu uoiaen pate ramway, r4apies, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page 198 Packet Pg. 940 11.A.b _ PENINSULA,' ENGINEERING I THENCE SOUTH 80034" 1" WEST 60.09 FEET; THENCE SOUTH 78037'22" WEST 291.15 FEET; THENCE NORTH 22'29'11" WEST 54.17 FEET; THENCE NORTH 04°45'49" EAST 175.37 FEET; THENCE NORTH 19°19'48" EAST 139.12 FEET; THENCE NORTH 34°16'10" EAST 202.54 FEET; THENCE NORTH 34°50'27" EAST 152.95 FEET; THENCE NORTH 36°01'07" EAST 149.12 FEET; THENCE NORTH 35044'13" EAST 78.84 FEET; THENCE NORTH 37038'44" EAST 121.24 FEET; THENCE NORTH 02052'35" EAST 83.80 FEET; THENCE NORTH 07044'54" WEST 187.14 FEET; THENCE NORTH 03006'02" WEST 468.36 FEET; THENCE NORTH 88051'10" EAST 696.73 FEET; THENCE NORTH 27°16'47" EAST 8.29 FEET; THENCE NORTH 88°30'24" EAST 285.47 FEET; THENCE 85.37 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 92.30 FEET THROUGH A CENTRAL ANGLE OF 52°59'46" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 64°59'43" EAST 82.36 FEET; THENCE 218.05 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE NORTH HAVING A RADIUS OF 151.97 FEET THROUGH A CENTRAL ANGLE OF 82012'30" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 79036'25" EAST 199.82 FEET TO A POINT OF COMPOUND CURVE; THENCE 89.72 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 867.72 FEET THROUGH A CENTRAL ANGLE OF 05055'28" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 56°19'36" EAST 89.68 FEET TO A POINT OF REVERSE CURVATURE; THENCE 59.03 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 93.39 FEET THROUGH A CENTRAL ANGLE OF 36°12'54" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 71°28'19" EAST 58.05 FEET; THENCE NORTH 89°34'46" EAST 135.27 FEET; THENCE NORTH 00°25'14" WEST 492.05 FEET; THENCE SOUTH 78028'34" EAST 368.27 FEET; THENCE SOUTH 75043'31" EAST 382.68 FEET; THENCE SOUTH 76000'47" EAST 434.51 FEET; THENCE SOUTH 82026'39" EAST 99.84 FEET; THENCE NORTH 47028'56" EAST 48.56 FEET; THENCE NORTH 04055'26" EAST 60.94 FEET; THENCE NORTH 49°03'46" WEST 375.66 FEET; THENCE NORTH 29°12'52" WEST 267.92 FEET; THENCE NORTH 32°48'25" WEST 236.24 FEET; THENCE NORTH 23°08'48" WEST 89.23 FEET; THENCE NORTH 45°41'05" WEST 161.39 FEET; THENCE CONTINUE ALONG SAID LINE NORTH 45041'05" WEST 20.65 FEET; THENCE NORTH 18040'52" WEST 52.83 FEET; THENCE NORTH 44049'05" WEST 10.20 FEET; THENCE 284.08 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 313.75 FEET THROUGH A CENTRAL ANGLE OF 51 °52'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 64°01'44" EAST 274.48 FEET; THENCE SOUTH 89°33'25" EAST 1,369.78 FEET; THENCE 146.94 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 80.00 FEET THROUGH A CENTRAL ANGLE OF 105°14'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 36°56'19" EAST 127.14 FEET; / u ooiaen pate ramway, r4apies, rionaa, 34iu5 uttice 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page199 Packet Pg. 941 11.A.b _ PENINSULA,' ENGINEERING I THENCE SOUTH 15040'47" WEST 55.86 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 15040'47" WEST 162.43 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 15°40'47" WEST 132.43 FEET; THENCE SOUTH 16°09'12" WEST 457.86 FEET; THENCE SOUTH 15°43'04" WEST 464.54 FEET; THENCE SOUTH 27°27'09" WEST 189.54 FEET; THENCE SOUTH 13°54'55" WEST 141.16 FEET; THENCE SOUTH 06°06'40" WEST 195.57 FEET; THENCE SOUTH 01 028'32" EAST 135.43 FEET; THENCE SOUTH 35057'04" EAST 322.31 FEET; THENCE SOUTH 54016'15" EAST 139.10 FEET; THENCE SOUTH 65037'02" EAST 79.50 FEET; THENCE SOUTH 87023'21" EAST 59.55 FEET; THENCE SOUTH 66053'26" EAST 241.46 FEET; THENCE SOUTH 64°45'28" EAST 263.29 FEET; THENCE SOUTH 71 °18'47" EAST 57.07 FEET; THENCE SOUTH 85°07'33" EAST 50.51 FEET; THENCE NORTH 81 °05'07" EAST 75.18 FEET, - THENCE NORTH 81°43'21" EAST 63.88 FEET, - THENCE NORTH 84057'08" EAST 36.24 FEET; THENCE SOUTH 86025'39" EAST 63.61 FEET; THENCE SOUTH 81 °31'21" EAST 262.28 FEET; THENCE SOUTH 88008'03" EAST 273.99 FEET; THENCE NORTH 80058'13" EAST 327.79 FEET; THENCE NORTH 67050'56" EAST 252.22 FEET; THENCE NORTH 81°02'01" EAST 819.65 FEET; THENCE NORTH 81°42'41" EAST 310.84 FEET; THENCE SOUTH 65°34'43" EAST 80.72 FEET, - THENCE NORTH 89°59'47" EAST 219.16 FEET; THENCE NORTH 82°42'28" EAST 41.19 FEET, - THENCE NORTH 58°02'38" EAST 138.72 FEET; THENCE NORTH 41009'18" EAST 91.38 FEET; THENCE NORTH 73057'36" EAST 83.05 FEET; THENCE NORTH 84051'58" EAST 305.34 FEET; THENCE NORTH 86038'43" EAST 343.90 FEET; THENCE NORTH 87028'42" EAST 503.72 FEET; THENCE NORTH 88046'01" EAST 328.07 FEET; THENCE NORTH 37°30'20" EAST 357.69 FEET; THENCE NORTH 15°32'08" EAST 149.51 FEET; THENCE NORTH 86°55'36" EAST 261.44 FEET; THENCE NORTH 72°53'31" EAST 576.59 FEET; THENCE NORTH 50°45'14" EAST 202.55 FEET; THENCE NORTH 87014'14" EAST 314.60 FEET; THENCE SOUTH 76038'32" EAST 143.08 FEET; THENCE NORTH 89049'43" EAST 1,054.71 FEET; THENCE SOUTH 75020'32" EAST 42.85 FEET; THENCE SOUTH 41 °43'41" EAST 38.04 FEET; THENCE SOUTH 59044'48" EAST 101.86 FEET; THENCE SOUTH 82°56'38" EAST 71.89 FEET, - THENCE NORTH 76°31'27" EAST 68.87 FEET, - THENCE NORTH 60°32'45" EAST 175.39 FEET; THENCE NORTH 78°18'10" EAST 41.23 FEET; Lbuu uoiaen pate ramway, r4apies, rloricla, 34105 Office 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page 200 Packet Pg. 942 11.A.b _ PENINSULA,' ENGINEERING I THENCE NORTH 89028'30" EAST 257.27 FEET; THENCE NORTH 00045'43" WEST 115.45 FEET; THENCE SOUTH 89°14'17" WEST 299.30 FEET; THENCE NORTH 00°45'43" WEST 290.15 FEET; THENCE NORTH 89°14'17" EAST 299.30 FEET; THENCE SOUTH 38°39'29" EAST 47.28 FEET; THENCE SOUTH 78°43'18" EAST 37.76 FEET; THENCE NORTH 80'32'17" EAST 44.92 FEET; THENCE NORTH 53009'40" EAST 110.85 FEET; THENCE NORTH 90000'00" EAST 88.72 FEET; THENCE SOUTH 84033'47" EAST 155.87 FEET; THENCE NORTH 86059'22" EAST 140.60 FEET; THENCE NORTH 38039'42" EAST 47.28 FEET; THENCE NORTH 18026'02" EAST 46.70 FEET; THENCE NORTH 02°51'45" EAST 295.75 FEET; THENCE NORTH 41°20'03" EAST 89.60 FEET, - THENCE NORTH 37°52'30" EAST 84.20 FEET, - THENCE NORTH 09°31'36" EAST 89.85 FEET, - THENCE NORTH 15'10'10" WEST 734.49 FEET; THENCE NORTH 26023'04" WEST 116.32 FEET; THENCE NORTH 57033'43" WEST 96.37 FEET; THENCE NORTH 82053'13" WEST 59.63 FEET; THENCE SOUTH 56018'37" WEST 79.88 FEET; THENCE SOUTH 48001'05" WEST 89.54 FEET; THENCE SOUTH 45001'51" WEST 135.83 FEET; THENCE SOUTH 72°53'48" WEST 100.44 FEET; THENCE NORTH 90°00'00" WEST 81.33 FEET; THENCE NORTH 82°53'15" WEST 59.64 FEET; THENCE NORTH 38°39'31" WEST 47.28 FEET; THENCE NORTH 29°03'20" WEST 76.03 FEET; THENCE NORTH 02°50'47" WEST 148.69 FEET; THENCE NORTH 18026'04" EAST 70.05 FEET; THENCE NORTH 28036'37" EAST 92.53 FEET; THENCE NORTH 31 °01'23" EAST 86.17 FEET; THENCE NORTH 14002'09" EAST 121.79 FEET; THENCE NORTH 29003'13" WEST 76.03 FEET; THENCE NORTH 56021'05" WEST 79.96 FEET; THENCE SOUTH 81 °15'48" WEST 64.29 FEET; THENCE NORTH 00°15'32" WEST 184.04 FEET; THENCE NORTH 89°44'28" EAST 2,566.51 FEET; THENCE SOUTH 00°15'32" EAST 1093.24 FEET; THENCE NORTH 90°00'00" WEST 493.24 FEET; THENCE SOUTH 00000'00" EAST 935.87 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 00°00'00" EAST 382.14 FEET; THENCE SOUTH 88054'13" WEST 1,103.68 FEET; THENCE NORTH 49008'39" WEST 30.10 FEET; THENCE NORTH 52025'53" WEST 87.47 FEET; THENCE NORTH 81055'03" WEST 117.26 FEET; THENCE CONTINUE ALONG SAID LINE NORTH 81 °55'03" WEST 5.28 FEET; THENCE SOUTH 82°48'45" WEST 104.92 FEET, - THENCE SOUTH 54°36'59" WEST 102.02 FEET, - THENCE SOUTH 73°19'36" WEST 91.45 FEET; Lbuu uoiaen pate ramway, r4apies, rloricla, 34105 Office 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page 201 Packet Pg. 943 11.A.b _ PENINSULA,' ENGINEERING I THENCE SOUTH 00045'43" EAST 112.51 FEET; THENCE NORTH 82052'57" EAST 4.97 FEET; THENCE NORTH 59°26'48" EAST 47.53 FEET; THENCE NORTH 77°36'27" EAST 12.36 FEET; THENCE SOUTH 70°55'29" EAST 16.45 FEET; THENCE SOUTH 47°41'12" EAST 748.88 FEET; THENCE SOUTH 34°06'49" EAST 46.63 FEET; THENCE SOUTH 14°16'24" EAST 615.15 FEET; THENCE NORTH 85059'44" EAST 160.53 FEET; THENCE NORTH 47006'44" EAST 110.60 FEET; THENCE NORTH 29011'18" EAST 460.96 FEET; THENCE NORTH 13056'57" EAST 67.16 FEET; THENCE CONTINUE ALONG SAID LINE NORTH 13056'57" EAST 142.69 FEET; THENCE NORTH 76019'41" EAST 160.84 FEET; THENCE NORTH 61°43'54" EAST 107.89 FEET; THENCE NORTH 18°58'36" EAST 21.78 FEET, - THENCE NORTH 90°00'00" EAST 226.22 FEET, - THENCE 279.29 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 4,128.07 FEET THROUGH A CENTRAL ANGLE OF 03°52135" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 01 038'58" WEST 279.24 FEET; THENCE SOUTH 00014'33" EAST 370.37 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 00014'33" EAST 1,537.82 FEET; THENCE SOUTH 00022'10" EAST 2,347.87 FEET; THENCE NORTH 89029'01" EAST 210.23 FEET; THENCE SOUTH 00023'23" EAST 200.00 FEET; THENCE SOUTH 89°29'01" WEST 210.30 FEET, - THENCE SOUTH 00'22'10" EAST 62.31 FEET; THENCE SOUTH 00°30'10" EAST 2,674.23 FEET; THENCE SOUTH 00°35'31" EAST 2,684.53 FEET; THENCE SOUTH 00'38'11" EAST 2,610.24 FEET; THENCE SOUTH 00°30'34" EAST 199.67 FEET; THENCE 227.68 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,032.95 FEET THROUGH A CENTRAL ANGLE OF 04018'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02039'36" EAST 227.63 FEET; THENCE SOUTH 04048'38" EAST 400.93 FEET; THENCE SOUTH 05008'04" EAST 83.53 FEET; THENCE SOUTH 00029'16" EAST 87.64 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 00°29'16" EAST 1,584.56 FEET; THENCE SOUTH 89°04'49" WEST 604.79 FEET; THENCE NORTH 47°03'54" WEST 98.67 FEET; THENCE SOUTH 52°55'08" WEST 87.29 FEET; THENCE SOUTH 06°39'26" WEST 102.55 FEET, - THENCE SOUTH 71 °24'17" WEST 367.36 FEET; THENCE NORTH 19054'41" WEST 104.73 FEET; THENCE NORTH 43005'38" WEST 251.09 FEET; THENCE NORTH 11 °04'29" EAST 79.58 FEET; THENCE NORTH 05051'31" WEST 66.56 FEET; THENCE NORTH 48052'26" WEST 332.24 FEET; THENCE NORTH 74°56'35" WEST 80.29 FEET; THENCE SOUTH 74°58'06" WEST 235.65 FEET; THENCE SOUTH 51 °40'42" WEST 93.09 FEET; THENCE SOUTH 21 °53'05" WEST 241.50 FEET; Lbuu uoiaen pate ramway, r4apies, rloricla, 34105 Office 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page 202 Packet Pg. 944 11.A.b _ PENINSULA,' ENGINEERING I THENCE SOUTH 77021'09" WEST 341.17 FEET; THENCE SOUTH 60048'05" WEST 79.49 FEET; THENCE NORTH 88°09'54" WEST 265.68 FEET; THENCE SOUTH 89°36'53" WEST 1,150.41 FEET; THENCE SOUTH 00'23'11" EAST 73.21 FEET; THENCE NORTH 89°33'08" EAST 778.22 FEET; THENCE NORTH 87°51'34" EAST 154.58 FEET; THENCE SOUTH 85°01'54" EAST 26.71 FEET; THENCE SOUTH 68012'13" EAST 18.69 FEET; THENCE SOUTH 59045'01" EAST 16.07 FEET; THENCE SOUTH 13023'45" EAST 24.97 FEET; THENCE SOUTH 14032'17" EAST 32.26 FEET; THENCE SOUTH 18026'22" EAST 54.87 FEET; THENCE SOUTH 17017'08" EAST 163.55 FEET; THENCE SOUTH 44°35'43" EAST 113.71 FEET; THENCE SOUTH 75°58'02" EAST 52.48 FEET; THENCE SOUTH 89°32'05" EAST 297.97 FEET; THENCE SOUTH 89°02'18" EAST 438.83 FEET; THENCE NORTH 87°50'09" EAST 526.94 FEET; THENCE NORTH 86037'19" EAST 399.99 FEET; THENCE NORTH 82052'37" EAST 107.20 FEET; THENCE NORTH 66029'15" EAST 219.10 FEET; THENCE NORTH 58023'57" EAST 148.78 FEET; THENCE NORTH 25028'09" EAST 140.57 FEET; THENCE NORTH 03048'54" EAST 43.08 FEET; THENCE NORTH 89°30'04" EAST 261.44 FEET; THENCE SOUTH 00°59'01" EAST 438.34 FEET; THENCE SOUTH 89°56'52" EAST 229.85 FEET; THENCE SOUTH 00°59'03" EAST 1,870.87 FEET; THENCE NORTH 89°00'57" EAST 200.00 FEET; THENCE SOUTH 00°59'03" EAST 200.00 FEET; THENCE SOUTH 89000'57" WEST 200.00 FEET; THENCE SOUTH 00059'03" EAST 122.06 FEET; THENCE SOUTH 00055'59" EAST 2,017.98 FEET; THENCE NORTH 89004'01" EAST 200.00 FEET; THENCE SOUTH 00055'59" EAST 228.23 FEET; THENCE 77.01 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 340.00 FEET THROUGH A CENTRAL ANGLE OF 12°58'40" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°33'23" WEST 76.85 FEET; THENCE SOUTH 12°02'43" WEST 100.00 FEET; THENCE 99.19 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 660.00 FEET THROUGH A CENTRAL ANGLE OF 08°36'40" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 07044'22" WEST 99.10 FEET; THENCE SOUTH 88057'14" WEST 500.00 FEET; THENCE NORTH 01 002'46" WEST 200.00 FEET; THENCE SOUTH 88057'14" WEST 1,881.86 FEET; THENCE SOUTH 01 002'46" EAST 200.00 FEET; THENCE SOUTH 88057'14" WEST 96.22 FEET; THENCE SOUTH 88°54'04" WEST 103.78 FEET; THENCE NORTH 01 °02'46" WEST 200.00 FEET; THENCE SOUTH 88°54'04" WEST 2,309.42 FEET; THENCE SOUTH 06°34'56" EAST 200.20 FEET; Zb- ooiaen pate ramway, r4apies, rloricla, 34105 Office 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page 203 Packet Pg. 945 11.A.b PENINSULA; ENGINEERING � THENCE SOUTH 88°54'44" WEST 247.15 FEET TO THE POINT OF BEGINNING. CONTAINING 5,928.10 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 88°54'34" WEST arm LANCE T MILLER, P.S.M. #LSS627 CERTIFICATE OFAUTHORIZATION #LB-8479 REFERENCE: S:�Ave Maria-AMAR�DRI-SRA�S-AMAR-DRI-2023.dwg (SK-0IA-D) APRIL 4TH, 2023 DATE OF SURVEY 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Appendix A Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Town Plan Page 204 i T 2 m Q 0 N O O O N Co N J d 0 ti M LO F4 Packet Pg. 946 ■ w Go IMMOKALEE ROAD 100' RIGHT-OF-WAY I I I w o� I ll.A.b I I pl L535 N N 28M112�� 25 2 O16 L443 L525 L53] r y C19 `F L507 �� 504 v' L429 < 3 L501 J 492 Q 8 L426 + L4� — — L489 m Vcf — — — — + L486 — 3 L540 ��i]• '^ L483' L564 L474 L549 L561 C14 C17 C16 v 456 L462 L477 L480 L495 0 U • C15 'ra �45 44�7 L498 L552 m� L 0 y 65 LA66 L411 L312 L309 III m a L306 L303 Qi L300 402 L294 L408 Q m .'}� �A 324 L2y1 GENERAL NOTES: r mti �mm 36 L321 31 ,$^' w - BEARINGS ARE BASED ON SOUTH LINE OF 33 32 TOWNSHIP 48 RANGE 29 p N SECTION 16 SOUTH EAST COLLIER COUNTY, FLORIDA BEING III y� J G w1,38 ( C13 ,7� L363 cis7 c>2 S88°54'34"W. -SUBJECT TO EASEMENTS, RESTRICTIONS J p r y0 1 y 6 so L243 u AND RESERVATIONS OF RECORD L568 N no Lz4 61 <3y,� L2se Lz7a - DIMENSIONS ARE IN FEET' AND DECIMALS. III p T-47-S 6 L234 f o 1 T-47-S THEREOF. L570 A.E. = ACCESS EASEMENT N J T-48-S 222 L231 2°' T-48-S L219 P.B. = PLAT BOOK d Less L216 L225 L249 P.O.B. = POINT OF BEGINNING M L252 y P.O.C. = POINT OF COMMENCEMENT I I pp O.R. = OFFICIAL RECORDS BOOK f� a'oA THIS SKETCH MAY HAVE BEEN REDUCED. L210 L207 SEE ATTACHMENT FOR LEGAL DESCRIPTION `M C70 PROPERTY CONTAINS: u6e 5928.10 ACRES L201 L163 Li 60 5 4 M N '� L189 L157 1195 <)g2 Li 54 51 co L198 n } N L186 (>� L148 L145 W W yBo L17g L172 L74z IN AREAS OF DENSE ANNOTATION ONLY C GO GA 177j L17g L175 L139 EVERY THIRD NOTE IS DISPLAYED TO AID IN J F- 0 N N Lao L89 L137 LEGIBILITY OF THIS SKETCH (REFER TO LINE I FL ++ Ix ixL79 L87 L78 L82 L138 AND CURVE TABLE ON FOLLOWING 3 PAGES III 0 L90L109 L83 L992 107 5 S7]— 131 L134 T CD L L93L106 V3 J L94 L128 125 IIII LB L72 L86 L97 L77 L122 L119 y L87 L95 6 C 45"1 L70 V L11fi L173 d V! jVA 66 L69 L48 L64 V66 �' L68 L49 L44 L110 L103 m L63 L50 O J LS]5 L100 III U •L L62 y^ L40 L41 vl� L43 C21 8 9 Sl6 Cm 7 L yry 12 L577 L578 a q 54I C2 L579 L55 C1 L56 yg3 L584 L581 0 VS' L33 L35 L56 N � � _ N 0 — L31 L602 61'1 L18 L27 L26 L6fi08 Lfi71 L614 L620 II L25 L17 9 28 L16 L5 14 J L13 `L23 624 E 1 III L626 16 L627 L11 17 PENINSULA ENGINEERING 2600 GOLDEN GATE PARKWAY Q NAPLES.FLORIDA 34105 L21 PHONE: 239.403.6700 FAX:239.261.1797 L20 P.O.B. II J EMAIL: INFO@PEN-ENG. WEBSITE:WWW.P -ENG M L9 L9 � C22 L641 L637 L636 L631 L6 l5 L4 L639 L634LAULE _ —_ —_ — — � — — — — — L640 L633 C23 PROFE_TAKLERSSIONALS OR AND MAPPER,#LS562] OIL WELL ROAD 100'RIGHT-01-WAY N1"04'07"W 1$0.00 L632 APRIL 4TH. 2023 P. O• C. DATE THIS IS NOT A SW CORNER CERTIFICATE OF AUTHORIZATION#LB-8479 :N NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL OF SECTION 16 RAISED SEAL OR DIGITAL SEAL OF A FLORIDA LICENSED SURVEY SURVEYOR AND MAPPER T-48-8, R-29-E AVE MARIA 0 2000 ,Apper k CLIENT: PENINSULA N ® Town SKETCH OF DESCRIPTION AND I SCALE IN FEET DRI ENGINEERING d Page 205 SECTTIIONS 3NDS,1 33T OWNS IP047 SOUTH, RANGE 209 EEAST, COLLIIERTCOUNTY, FLORIDA 2600 GOLDEN GATE PARKWAY DESCRIPTION: NAPLES, FLORIDA 34105 04/04/2023 1"=2000' SK-01A P-AMD-001 S-AMAR-DRI-202 Packet P . 947 PHONE:239-403-6700 FAX: 239-261-1797 Date: SCALE SHEET PROJECT NUMBER: DRAWING N.. 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LENGTH BEARING L267 29.70 N66032'28"E L268 37.66 N57049'44"E L269 74.96 N53021'57"E L270 148.87 N54024'59"E L271 203.54 N50050'35"E L272 33.52 N48043'53"E L273 31.67 N32023'52"E L274 133.18 N41037'27"W L275 149.32 N60004'16"W L276 570.03 N24037'19"E L277 101.66 N24037'19"E L278 211.35 N23058'37"E L279 100.63 N27045'05"E L280 129.90 N34051'48"E L281 119.58 N36014'23"E L282 61.92 N39015'14"E L283 96.80 N3003748"E L284 136.09 N31009'42"E L285 103.02 N31057'25"E L286 134.08 N32039'03"E L287 53.34 N28032'24"E L288 35.90 N3101549"E L289 24.66 N36052'12"E L290 22.74 N53049'13"E L291 46.43 N59030'01"E L292 70.87 N58016'35"E L293 48.85 N46049'06"E L294 66.58 N34036'20"E L295 266.89 N36023'58"E L296 51.47 N35028'00"E L297 48.08 N24013'40"E L298 62.60 N20029'50"E L299 44.54 N17032'36"E L300 134.56 N11002'07"E L301 65.81 N902041"E L302 32.16 N8049'13"E L303 14.81 N2007'16"W L304 12.83 N19058'59"W L305 20.87 N29055'53"W L306 56.96 N45000'00"W L307 57.48 N48051'56"W L308 28.31 N42038'48"W L309 35.86 N38047'48"W L310 39.03 N43025'04"W L311 57.23 N49030'49"W L312 162.01 N80005'04"W L313 353.26 S70027'37"W L314 180.21 S52004'25"W L315 105.62 S46015'33"W L316 71.07 S14006'59'9N L317 184.61 S0000'00"E L318 119.87 S33022'39"W L319 123.51 S51050'44"W LINE TABLE LINE# LENGTH BEARING L320 181.00 S8048'01"W L321 159.70 S12032'13-W L322 178.41 S29005'58'W L323 92.39 S19043'20'W L324 66.01 S6003'53"W L325 74.98 S33044'00"E L326 285.70 S35038'09"E L327 69.62 S36044'05'W L328 281.93 S37056'14-W L329 127.67 S49031'43-W L330 404.49 S80025'32'W L331 90.21 N87054'54"W L332 88.26 N2503644"W L333 231.55 N12058'39"W L334 202.48 N6053'41"W L335 136.55 N27013'101.W L336 232.85 N25034'19"W L337 91.77 S65009'12'W L338 179.73 S62032'35-W L339 69.24 S40040'30'W L340 80.83 S25023'41'W L341 272.16 S7019'04"W L342 197.30 S24058'00'W L343 158.12 S19011'56-W L344 220.40 S12044'34'W L345 274.18 S16008'12'W L346 97.07 S4007'12"W L347 57.86 S24050'20"E L348 285.12 S71032'44"E L349 105.39 S23016'1 WE L350 109.62 S55019'43"E L351 59.01 S61047'13"E L352 218.94 S4032'27"W L353 159.81 S62048'36-W L354 380.23 S62013'07-W L355 157.48 S65059'35'W L356 165.20 S65059'35-W L357 288.59 N57018'141.W L358 112.69 N10035'39"W L359 80.33 N34010'37"W L360 84.44 N80029'31"W L361 168.78 S80029'10-W L362 252.93 N24016'43"W L363 99.05 N36032'15"W L364 54.78 N71040'011.W L365 60.37 S66047'19'W L366 371.87 S49053'20'W L367 127.06 S11001'44'W L368 189.92 S8023'02"W L369 355.01 S5003'18"W L370 74.28 S21053'22'W L371 72.89 S87025'10'W L372 263.66 N88034'25"W PENINSULA% ENGINEERING 2600 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105 PHONE: 239-403-6700 FAX: 239-261-1797 LINE TABLE LINE # 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LENGTH BEARING L479 503.72 N8702842"E L480 328.07 N88046'01"E L481 357.69 N37030'20"E L482 149.51 N15032'08"E L483 261.44 N86055'36"E L484 576.59 N72053'31"E L485 202.55 N50045'14"E L486 314.60 N87014'14"E L487 143.08 S76038'32'E L488 1054.71 N8904943"E L489 42.85 S75020'32'E L490 38.04 S41043'41 "E L491 101.86 S59044'48"E L492 71.89 S82056'38"E L493 68.87 N76031'27"E L494 175.39 N6003245"E L495 41.23 N78018'10"E L496 257.27 N89028'30"E L497 115.45 N004543"W L498 299.30 S89014'17W L499 290.15 N004543"W L500 299.30 N89014'17"E L501 47.28 S38039'29"E L502 37.76 S78043'18"E L503 44.92 N80032'17"E L504 110.85 N53009'40"E L505 88.72 N90000'00"E L506 155.87 S84033'470E L507 140.60 N86059'22"E L508 47.28 N3803942"E L509 46.70 N18026'02"E L510 295.75 N2051'45"E L511 89.60 N41020'03"E L512 84.20 N37052'30"E L513 89.85 N9031'36"E L514 734.49 N1501010"W L515 116.32 N26023'04"W L516 96.37 N57033'43"W L517 59.63 N82053'13"W L518 79.88 S56018'37"W L519 89.54 S48001'05"W L520 135.83 S45001'51"W L521 100.44 S72053'48"W L522 81.33 N90000'00"W L523 59.64 N82053'15"W L524 47.28 N38039'31"W L525 76.03 N29003'20"W L526 148.69 N2050'47"W L527 70.05 N18026'04"E L528 92.53 N28036'37"E L529 86.17 N31001'23"E L530 121.79 N14002'09"E L531 76.03 N29003'13"W PENINSULA ENGINEERING 2600 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105 PHONE: 239.4 .6 00 AX:2 9.261.1]9] EMAIL: INFO P G.CO WEBSITE:WW 1 O LA CET ER PR SIONALS V AND MAPPER,#LS5627 ll.A.b APRIL DATE 4TH.2023 Apper - CERTIFICATE OF AUTHORIZATION #LB- 8479 Town - NOT VALID WITHOUT THE SIGNATURE AND THE page 207 ORIGINAL RAISED SEAL OR DIGITAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER S-AMAR-DRI 202F packet Pg. 949 LINE TABLE LINE # LENGTH BEARING L532 79.96 N56021'05"W L533 64.29 S81015'48"W L534 184.04 NO015'32"W L535 2566.51 N89044'28"E L536 1093.24 SO015'32"E L537 493.24 N90000'00'W L538 935.87 SO000'00"E L539 382.14 SO000'00"E L540 1103.68 S88054'13"W L541 30.10 N49008'39W L542 87.47 N52025'53W L543 117.26 N81055'03"W L544 528 N81055'03'W L545 104.92 S8204845"W L546 102.02 S54036'59"W L547 91.45 S73019'36"W L548 112.51 SO045'43"E L549 4.97 N82052'57"E L550 47.53 N59026'48"E L551 12.36 N77036'27"E L552 16.45 S70°55'29"E L553 748.88 S47°41'12"E L554 46.63 S34006'49"E L555 615.15 S14°16'24"E L556 160.53 N85°59'44"E L557 110.60 N47006'44"E L558 460.96 N29011'18"E L559 67.16 N13°56'57"E L560 142.69 N13056'57"E L561 160.84 N76019'41"E L562 107.89 N61043'54"E L563 21.78 N18058'36"E L564 226.22 N90000'00"E L565 370.37 S0014'33"E L566 1537.82 S0014'33"E L567 2347.87 S0022'10"E L568 210.23 N89029'01"E L569 200.00 S0023'23"E L570 210.30 S89029'01"W L571 62.31 S0022'10"E L572 2674.23 S0030'10"E L573 2684.53 S0035'31"E L574 2610.24 S0038'11"E L575 199.67 S0030'34"E L576 0.00 S4048'40"E L577 400.93 S4048'38"E L578 83.53 S5008'04"E L579 87.64 S0029'16"E L580 1584.56 S0029'16"E L581 604.79 S89004'49"W L582 98.67 N47003'54"W L583 87.29 S52055'O8"W L584 1 102.55 S6039'26"W LINE TABLE LINE# LENGTH BEARING L585 367.36 S71024'17"W L586 104.73 N19'54'41"W L587 251.09 N43005'38"W L588 79.58 N11004'29"E L589 66.56 N5051'31"W L590 332.24 N48052'26"W L591 80.29 N74056'35"W L592 235.65 S74058'06"W L593 93.09 S51 °40'42"W L594 241.50 S21053'05"W L595 341.17 S77°21'09"W L596 79.49 S60048'05"W L597 265.68 N88009'54"W L598 1150.41 S89036'53"W L599 73.21 SO°23'11"E L600 778.22 N89033'08"E L601 154.58 N87051'34"E L602 26.71 S85001'54"E L603 18.69 S68012'13"E L604 16.07 S59045'01"E L605 24.97 S13023'45"E L606 3226 S14032'17"E L607 54.87 S1802622"E L608 163.55 S17017'08"E L609 113.71 S44035'43"E L610 52.48 S75058'02"E L611 297.97 S89032'05"E L612 438.83 S89002'18"E L613 526.94 N87050'09"E L614 399.99 N86037'19'E L615 107.20 N82052'37"E L616 219.10 N66029'15"E L617 148.78 N58023'57"E L618 140.57 N25028'09'E L619 43.08 N3048'54"E L620 261.44 N89030'04"E L621 438.34 SO°59'01"E L622 229.85 S89056'52"E L623 1870.87 SO059'03"E L624 200.00 N89000'57"E L625 200.00 SO°59'03"E L626 200.00 S89000'57"W L627 122.06 SO°59'03"E L628 2017.98 SO055'59"E L629 200.00 N89004'01'E L630 228.23 S0055'59"E L631 100.00 S12°02'43"W L632 500.00 S88057'14"W L633 200.00 N1002'46"W L634 1881.86 S88°57'14"W L635 200.00 S1°02'46"E L636 96.22 S88057'14"W L637 103.78 S88°54'04"W PENINSULA ENGINEERING 2600 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105 PHONE: 239-403-6700 FAX: 239-261-1797 LINE TABLE LINE# LENGTH BEARING L638 200.00 Ni002'46"W L639 2309.42 S88054'04"W L640 200.20 S6034'56"E L641 247.15 S88054'44"W CURVE TABLE CURVE # LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH Cl 82.76 128.55 36'53'11" N23°30'23"E 81.34 C2 149.95 215.80 39048'43" N22002'37"E 146.95 C3 327.51 275.44 68007'37" N39053'35'W 308.56 C4 313.21 331.73 54005'52" N90000'00'W 301.71 C5 155.39 107.24 83001'31" S27009'30"W 142.15 C6 341.14 168.89 115044'01" S29011'23"W 286.03 C7 219.21 151.50 82054'07" S22050'28"W 200.58 C8 196.86 170.73 66004'00" S48032'34"E 186.14 C9 19.24 142.45 7'44'14" S89°14'21"E 19.22 C10 17.14 14.00 70007'51" N5903T50"E 16.09 C11 334.86 272.48 70024'48" N6025'03"W 314.18 C12 184.60 573.36 1802V50" N50O50'52W 183.80 C13 44.34 29.99 84041'37" N17043'30"W 40.41 C14 85.37 92.30 52059'46" S64059'43"E 82.36 C15 218.05 151.97 82012'30" S79°36'25"E 199.82 C16 89.72 867.72 5055'28" N56019'36"E 89.68 C17 59.03 93.39 3601254" N71°28'19"E 58.05 C18 284.08 313.75 51052'43" N64001'44"E 274.48 C19 146.94 80.00 105°14'13" S36°56'19"E 127.14 C20 279.29 4128.07 3052'35" S1038'58"W 279.24 C21 227.68 3032.95 4'18'04' S2°39'36"E 227.63 C22 77.01 340.00 12058'40" S5033'23"W 76.85 C23 99.19 660.00 8036'40" S7°44'22"W 99.10 AVE MARIA ANNOTATION TABLE - 3 DRI LANDS, PART OF SECTIONS 4-9 AND 16-18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND SECTIONS 31-33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA 04/04/2023 1 1" = 2000' 1 SK-01 D I P-AMD-001 I ll.A.b I PENINSULA ENGINEERING 2600 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105 PHONE: 239.4 .6 00 AX:2 9.261.1797 EMAIL: INFO P - G.CO WEBSITE - O CET ER PR SIGNAL SU AND MAPPER, #LS5627 APRIL DATE 4TH.2023 App er - CERTIFICATE OF AUTHORIZATION #LB- 8479 Town -NOTVALIDWITHOUTTHE SIGNATURE AND THF Page 208 ORIGINAL RAISED SEAL OR DIGITAL SEAL OF A g FLORIDA LICENSED SURVEYOR AND MAPPER S-AMAR-DRI-202 Packet Pg. 950 DRAWING N. — — LL co gip` QC7s� n W m JZxgF�° >Z LL' Q N Qi gz Cl) ZZo > os e O to W �Eg aiy'� O W-oQ Z w ao5 0�0 z Za��o =8d wiL pw � � r 0 0 a OQ Wo L F _ Y n ,v J• � a :3a m k � L O W H > K W I R a a on R K 2 w o O rU aQ K� Q Oa aN Ov r a K mU O ¢ m" O r w NOIlf1lOS321 01 �-d 118HX3 11.A.b EXHIBIT B TO RESOLUTION STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT THIS STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT (hereinafter referred to as the ("Agreement") is made and entered into this day of , 2023, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" whose mailing address is the Harmon Turner Building, 3299 East Tamiami Trail, Naples, Florida 34112, and Ave Maria Development, LLLP, a Florida limited liability limited partnership, hereinafter referred to as "Owner", whose mailing address is 2600 Golden Gate Parkway, Naples, FL 34105, for the purpose of designating the number of "Stewardship Sending Area" (SSA) Credits consumed for the designation of additional acreage to be added to the Town of Ave Maria as a Stewardship Receiving Area and the source of those SSA credits pursuant to Section 4.08.07.C.11 of the Collier County Land Development Code (LDC). RECITALS 1. The Town of Ave Maria Stewardship Receiving Area was created by Resolution Nos. 2004-89 and 2005-234A for 5027 acres using 28,658.4 Stewardship Credits from the following Stewardship Sending Areas: SSA 1-4, SSA 5 and SSA 6 2. Owner has applied to expand the boundaries of the Town of Ave Maria SRA by designating an additional 951.8 acres as the Town of Ave Maria SRA and removing 50.6 acres for a net addition of 901 acres. 3. The total acreage of the Town of Ave Maria SRA is 5928 acres. 4. The County has reviewed the SRA Designation Application, along with all support documentation and information required by Section 4.08.07 of the LDC and determined that SRA designation for the Ave Maria is appropriate. 5. The County and Owner have reached agreement on the number of Stewardship Sending Area (SSA) Credits required to be utilized for the designation of the additional lands and development of the SRA. 6. The County and Owner agree that this SRA Credit Agreement is in compliance with and fully meets the requirements of the Collier County Growth Management Plan and LDC. Ave Maria Credit Agreement-r4.docx April 25, 2023 Pa Packet Pg. 952 11.A.b NOW THEREFORE in consideration of the above premises and the expenditure of credits and authorizations granted hereby and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Owner is hereby utilizing and transferring 7440 Stewardship Credits (Credits) for the expansion and development of the SRA, based on 930 acres that consume credits, which shall be applied to the SRA land described in Exhibit "A" in order to carry out the plan of development proposed in the Ave Maria Development Document and summarized hereinafter. 2. Exhibit "A" is the legal description of the 5,928.1-acre SRA including the additional acres that constitute the Ave Maria SRA. 3. Attached hereto is Exhibit `B" the Town of Ave Maria Master Plan which depicts the land uses within the 5,928 acre SRA. Also attached as Exhibit "C" is the Town of Ave Maria Land Use Summary for the 5,928 acre SRA which identifies the number of residential dwelling units, gross leasable square footage of retail and office uses, and the other land uses depicted on the Town of Ave Maria Master Plan. 4. Pursuant to Section 4.08.07.13.2 of the LDC, the designation of a SRA requires eight Stewardship Credits to be transferred to an SRA in exchange for the development of one acre of land added to the Town of Ave Maria. Owner is transferring enough credits to allow development on the additional lands. Once credits are transferred, they may not be recaptured by Owner. 5. Owner will be utilizing credits generated from Stewardship Sending Areas 6 in the amount of 193.4 Credits and Stewardship Sending Area 9 in the amount of 7,246.6 Credits. 6. Pursuant to Resolution No. , the County has approved the addition of the 930 acres to the Town of Ave Maria as an SRA and has approved the Town of Ave Maria Master Plan and Development Document. 7. Applicant and Owner acknowledge that development on the additional SRA land may not commence until a SRA Credit Agreement Memorandum is recorded with the Collier County Clerk of Courts. 8. This Agreement may only be amended by written agreement of all the parties hereto. Ave Maria Credit Agreement-r4.docx April 25, 2023 Pa Packet Pg. 953 11.A.b IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives and their official seals hereto affixed the day and year first written above. Attest: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA , Deputy Clerk , Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER AVE MARIA DEVELOPMENT, LLLP, a Florida limited liability limited partnership By: Barron Collier Corporation General Partner By: Douglas E. Baird, Vice President The foregoing Stewardship Receiving Area Credit Agreement was executed before me this day of 2023, by means of physical presence or online notarization, by , as of Barron Collier Corporation, as General Partnership of Ave Maria Development, LLLP, who is personally known to me or who has produced as identification. (SEAL) Notary Public Print Name Certificate No. My Commissioner Expires Ave Maria Credit Agreement-r4.docx April 25, 2023 Pa Packet Pg. 954 11.A.b SRA CREDIT AGREEMENT EXHIBIT "A" LEGAL DESCRIPTION OF TOWN OF AVE MARIA SRA T co r— M W) N M N w N C O r 7 O N N Q N R �L C� C Q N O O_ O L Q r E Q Y E V a r r Q Ave Maria Credit Agreement-r4.docx April 25, 2023 Pa Packet Pg. 955 11.A.b PENINSULA ENGINEERING � a LEGAL DESCRIPTION N OF PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, 2 AND SECTIONS 28, 29, 30, 31, 32, 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND SECTIONS 4, 5, 6, 7, 8, 9, 16, 17, 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA Q 0 N O O ALL THAT PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, AND SECTIONS 28, 29, 30, 31, 32 AND 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND SECTIONS 4, 5, o 6, 7, 8, 9, 16, 17 AND 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: a COMMENCING AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 a00 EAST, COLLIER COUNTY, FLORIDA; Cl) THENCE NORTH 01 °04'07" WEST 150.00 FEET TO THE POINT OF BEGINNING; v THENCE SOUTH 88°57'06" WEST 354.33 FEET; ce) THENCE NORTH 01 °07'23" WEST 200.01 FEET; `~ THENCE SOUTH 88°57'05" WEST 2,215.48 FEET; N THENCE SOUTH 88°55'37" WEST 1,128.15 FEET; THENCE SOUTH 89°32'56" WEST 1,286.63 FEET; o THENCE NORTH 00°27'04" WEST 1,089.55 FEET; THENCE SOUTH 89°32'56" WEST 242.19 FEET; C THENCE SOUTH 89°24'19" WEST 3,977.40 FEET; THENCE NORTH 00°01'40" EAST 1,280.68 FEET; Q THENCE NORTH 90°00'00" EAST 1,125.68 FEET; N THENCE NORTH 00°19'38" WEST 520.46 FEET; THENCE NORTH 09°27'58" EAST 38.31 FEET; THENCE NORTH 14°56'15" EAST 32.59 FEET; THENCE NORTH 59°02'49" EAST 24.49 FEET; THENCE NORTH 68°12'25" EAST 33.93 FEET; Q THENCE NORTH 73°08'54" EAST 72.42 FEET; THENCE NORTH 69°14'09" EAST 65.14 FEET; c THENCE NORTH 61'11'58" EAST 47.93 FEET; c THENCE NORTH 56°44'10" EAST 80.38 FEET; a THENCE NORTH 54°18'17" EAST 82.75 FEET; Q THENCE NORTH 51'34'19" EAST 552.31 FEET; c THENCE NORTH 12°32'03" EAST 52.12 FEET; E THENCE NORTH 16°41'34" WEST 780.99 FEET; THENCE NORTH 38'40'18" WEST 48.27 FEET; THENCE NORTH 55°58'45" WEST 175.13 FEET; Q THENCE NORTH 78'14'12" WEST 46.21 FEET; THENCE SOUTH 86°41'17" WEST 358.77 FEET; THENCE NORTH 43°16'35" WEST 44.00 FEET; THENCE NORTH 01°28'53" WEST 584.34 FEET; THENCE NORTH 88°45'30" EAST 2,256.99 FEET; Q THENCE NORTH 11'31'40" WEST 679.82 FEET; THENCE NORTH 29'57'19" EAST 43.24 FEET; THENCE NORTH 80'03'11" EAST 750.96 FEET; THENCE NORTH 82°05'14" EAST 23.32 FEET; 2600 Golu_ � Gate Par, __„ _,_ __, irida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Page 1 1 Pa Packet Pg. 956 11.A.b PENINSULA ENGINEERING � THENCE NORTH 08°45'48" WEST 831.15 FEET; THENCE 82.76 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 128.55 FEET THROUGH A CENTRAL ANGLE OF 36'531111, AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23°30'23" EAST 81.34 FEET TO A POINT OF REVERSE CURVATURE; THENCE 149.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 215.80 FEET THROUGH A CENTRAL ANGLE OF 39°48'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 22°02'37" EAST 146.95 FEET; THENCE NORTH 02'08'16" EAST 434.86 FEET; THENCE NORTH 38°40'13" EAST 124.61 FEET; THENCE NORTH 23°55'58" EAST 503.82 FEET; THENCE NORTH 89°19'06" EAST 272.53 FEET; THENCE NORTH 81°10'42" EAST 718.98 FEET; THENCE NORTH 09°56'39" EAST 638.73 FEET; THENCE NORTH 73°36'58" EAST 172.46 FEET; THENCE NORTH 10°53'22" EAST 171.73 FEET; THENCE 327.51 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 275.44 FEET THROUGH A CENTRAL ANGLE OF 68°07137" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 39°53'35" WEST 308.56 FEET; THENCE NORTH 73°57'24" WEST 492.85 FEET; THENCE 313.21 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 331.73 FEET THROUGH A CENTRAL ANGLE OF 54°05'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS WEST 301.71 FEET; THENCE SOUTH 62°57'04" WEST 506.32 FEET; THENCE 155.39 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 107.24 FEET THROUGH A CENTRAL ANGLE OF 83°01131" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 27°09'30" WEST 142.15 FEET; THENCE SOUTH 14°21'16" EAST 287.88 FEET; THENCE 341.14 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 168.89 FEET THROUGH A CENTRAL ANGLE OF 115°44'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 29'11'23" WEST 286.03 FEET; THENCE SOUTH 87°03'24" WEST 81.50 FEET; THENCE SOUTH 19°06'00" WEST 178.46 FEET; THENCE SOUTH 73°34'35" WEST 263.81 FEET; THENCE SOUTH 33°42'00" WEST 81.86 FEET; THENCE SOUTH 51°52'05" WEST 1,402.28 FEET; THENCE 219.21 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 151.50 FEET THROUGH A CENTRAL ANGLE OF 82°54107" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 22°50'28" WEST 200.58 FEET; THENCE SOUTH 18°36'35" EAST 1,047.10 FEET; THENCE 196.86 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 170.73 FEET THROUGH A CENTRAL ANGLE OF 66°04100" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 48°32'34" EAST 186.14 FEET; THENCE SOUTH 81 °34'34" EAST 177.10 FEET; THENCE SOUTH 14°02'28" EAST 106.97 FEET; THENCE SOUTH 15°53'24" WEST 33.42 FEET; THENCE SOUTH 72°18'08" WEST 347.96 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 72°18'08" WEST 977.05 FEET; THENCE NORTH 16°22'40" WEST 868.64 FEET; THENCE NORTH 16°02'21" WEST 1,001.63 FEET; THENCE NORTH 15°43'23" WEST 808.63 FEET; THENCE NORTH 14°29'42" WEST 215.30 FEET; 2600 Golu_ Gate Parkway, No,_ __, _ _ a, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 i T 2 m Q 0 N O 0 0 N Co N J d 0 I'- m LO Page 1 2 Pa Packet Pg. 957 11.A.b PENINSULA ENGINEERING � THENCE NORTH 02°51'21" WEST 51.77 FEET; THENCE NORTH 37°59'19" EAST 51.77 FEET; THENCE NORTH 58°24'39" EAST 660.90 FEET; THENCE NORTH 56°56'25" EAST 865.77 FEET; THENCE NORTH 62°27'21" EAST 303.89 FEET; THENCE NORTH 58'11'43" EAST 148.88 FEET; THENCE NORTH 66°27'20" EAST 99.67 FEET; THENCE NORTH 79°59'44" EAST 60.67 FEET; THENCE NORTH 18°39'40" EAST 212.96 FEET; THENCE NORTH 13°26'09" EAST 80.67 FEET; THENCE NORTH 04°05'14" EAST 65.75 FEET; THENCE NORTH 00°47'28" EAST 593.12 FEET; THENCE NORTH 05°29'40" EAST 61.18 FEET; THENCE NORTH 20°17'22" EAST 57.43 FEET; THENCE NORTH 51°55'17" EAST 55.07 FEET; THENCE SOUTH 84°48'27" EAST 51.76 FEET; THENCE SOUTH 67°53'53" EAST 40.46 FEET; THENCE SOUTH 53°37'33" EAST 55.29 FEET; THENCE SOUTH 55°37'37" EAST 158.19 FEET; THENCE SOUTH 66°28'32" EAST 79.22 FEET; THENCE SOUTH 81 °19'48" EAST 69.92 FEET; THENCE NORTH 80°53'08" EAST 96.10 FEET; THENCE NORTH 83°09'35" EAST 88.49 FEET; THENCE SOUTH 75°58'08" EAST 57.96 FEET; THENCE SOUTH 45°44'09" EAST 65.43 FEET; THENCE SOUTH 23°12'23" EAST 107.03 FEET; THENCE SOUTH 31 °09'29" EAST 124.53 FEET; THENCE SOUTH 36°28'03" EAST 195.13 FEET; THENCE SOUTH 41°49'01" EAST 193.27 FEET; THENCE SOUTH 41 °27'57" EAST 187.53 FEET; THENCE SOUTH 50°06'28" EAST 177.12 FEET; THENCE NORTH 86°06'03" EAST 103.33 FEET; THENCE NORTH 82'07'11" EAST 76.87 FEET; THENCE NORTH 58°49'02" EAST 61.16 FEET; THENCE NORTH 41'11'10" EAST 266.09 FEET; THENCE NORTH 43'45'15" EAST 203.61 FEET; THENCE NORTH 63°26'06" EAST 230.87 FEET; THENCE NORTH 55°12'54" EAST 17.74 FEET; THENCE NORTH 06'58'17" WEST 40.07 FEET; THENCE NORTH 60°20'46" EAST 94.06 FEET; THENCE NORTH 14°42'46" EAST 42.02 FEET; THENCE NORTH 52°22'08" EAST 29.10 FEET; THENCE NORTH 05'13'18" EAST 37.01 FEET; THENCE NORTH 07°13'16" WEST 185.10 FEET; THENCE NORTH 08°55'50" WEST 66.36 FEET; THENCE NORTH 08°35'26" WEST 70.11 FEET; THENCE NORTH 03°30'28" EAST 24.24 FEET; THENCE NORTH 09°22'28" EAST 32.62 FEET; THENCE NORTH 32'03'11" EAST 61.35 FEET; THENCE NORTH 41°59'52" EAST 54.16 FEET; THENCE NORTH 46°38'59" EAST 44.15 FEET; THENCE NORTH 40°19'34" EAST 80.40 FEET; 2600 Golu, Gate Pars.,_-_„ -_,_ __, , orida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 i T 2 m Q 0 N O 0 0 N Co N J d 0 I'- m LO Page 1 3 Pa Packet Pg. 958 11.A.b PENINSULA ENGINEERING � THENCE NORTH 39°30'46" EAST 42.43 FEET; THENCE NORTH 52°07'39" EAST 71.16 FEET; THENCE NORTH 60°17'11" EAST 55.95 FEET; THENCE NORTH 68°43'34" EAST 63.02 FEET; THENCE NORTH 86'12'19" EAST 41.51 FEET; THENCE SOUTH 75°32'58" EAST 74.98 FEET; THENCE NORTH 78°55'50" EAST 42.97 FEET; THENCE NORTH 69°31'07" EAST 36.80 FEET; THENCE NORTH 75°37'20" EAST 34.34 FEET; THENCE SOUTH 72°08'39" EAST 57.43 FEET; THENCE SOUTH 56°52'50" EAST 70.22 FEET; THENCE SOUTH 56°52'18" EAST 99.31 FEET; THENCE SOUTH 70°35'59" EAST 56.76 FEET; THENCE SOUTH 85°12'15" EAST 70.23 FEET; THENCE NORTH 85°47'37" EAST 52.90 FEET; THENCE NORTH 77°16'18" EAST 51.33 FEET; THENCE NORTH 64°20'23" EAST 9.49 FEET; THENCE NORTH 23°58'25" EAST 60.47 FEET; THENCE NORTH 39°27'42" EAST 136.06 FEET; THENCE NORTH 18°12'03" EAST 123.70 FEET; THENCE NORTH 16°26'30" WEST 137.54 FEET; THENCE NORTH 45°55'34" WEST 133.51 FEET; THENCE NORTH 84°43'21" WEST 101.26 FEET; THENCE SOUTH 87°06'53" WEST 375.05 FEET; THENCE SOUTH 86°31'55" WEST 296.36 FEET; THENCE NORTH 02'29'11" WEST 25.06 FEET; THENCE SOUTH 85°19'00" WEST 63.79 FEET; THENCE SOUTH 87°01'35" WEST 57.73 FEET; THENCE NORTH 85'14'11" WEST 27.05 FEET; THENCE NORTH 86'11'09" WEST 22.51 FEET; THENCE NORTH 71°01'47" WEST 25.34 FEET; THENCE NORTH 74°57'44" WEST 25.97 FEET; THENCE NORTH 80°42'24" WEST 41.73 FEET; THENCE NORTH 77'00'19" WEST 49.95 FEET; THENCE NORTH 78°26'56" WEST 104.70 FEET; THENCE NORTH 78°45'16" WEST 195.82 FEET; THENCE NORTH 79°21'51" WEST 81.14 FEET; THENCE NORTH 76°30'15" WEST 38.50 FEET; THENCE NORTH 70°33'36" WEST 13.50 FEET; THENCE NORTH 53°58'21" WEST 10.18 FEET; THENCE NORTH 53°58'22" WEST 10.18 FEET; THENCE NORTH 43°09'08" WEST 16.42 FEET; THENCE NORTH 34°52'31" WEST 30.12 FEET; THENCE NORTH 37°08'48" WEST 31.00 FEET; THENCE NORTH 45°00'00" WEST 37.06 FEET; THENCE NORTH 43°28'45" WEST 29.92 FEET; THENCE NORTH 52°29'45" WEST 40.59 FEET; THENCE NORTH 53°28'16" WEST 25.16 FEET; THENCE NORTH 69°51'49" WEST 23.93 FEET; THENCE NORTH 72°53'50" WEST 40.74 FEET; THENCE NORTH 74°38'02" WEST 101.72 FEET; THENCE NORTH 76°25'14" WEST 79.73 FEET; 2600 Golden Gate Parkway, Na,_ __, �orida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 i T 2 m Q 0 N O 0 0 N Co N J d 0 I'- m LO Page 1 4 Pa Packet Pg. 959 11.A.b PENINSULA ENGINEERING � THENCE NORTH 73°50'34" WEST 83.41 FEET; THENCE NORTH 77°16'32" WEST 71.39 FEET; THENCE NORTH 89°42'58" WEST 0.16 FEET; THENCE NORTH 70°38'50" WEST 32.47 FEET; THENCE NORTH 75°44'50" WEST 240.26 FEET; THENCE SOUTH 76°22'29" WEST 54.20 FEET; THENCE NORTH 75°46'41"WEST 12.81 FEET; THENCE NORTH 78°06'45" WEST 243.02 FEET; THENCE SOUTH 87°32'28" WEST 438.43 FEET; THENCE SOUTH 86°36'21" WEST 1,109.58 FEET; THENCE NORTH 77'00'11" WEST 142.86 FEET; THENCE NORTH 17°30'03" EAST 207.66 FEET; THENCE NORTH 79°12'42" WEST 648.91 FEET; THENCE NORTH 60°23'31" WEST 201.48 FEET; THENCE CONTINUE ALONG SAID LINE NORTH 60°23'31" WEST 96.77 FEET; THENCE NORTH 15°23'31" WEST 24.04 FEET; THENCE NORTH 60°23'31" WEST 359.22 FEET; THENCE SOUTH 74°36'29" WEST 24.04 FEET; THENCE NORTH 60°23'31"WEST 74.11 FEET; THENCE NORTH 07°46'40" WEST 329.68 FEET; THENCE NORTH 02°36'09" WEST 45.49 FEET; THENCE NORTH 19°58'59" WEST 24.18 FEET; THENCE NORTH 50°54'22" WEST 42.58 FEET; THENCE NORTH 61°23'23" WEST 51.76 FEET; THENCE NORTH 66°34'18" WEST 67.53 FEET; THENCE NORTH 69'41'11" WEST 428.39 FEET; THENCE NORTH 70°24'12" WEST 628.17 FEET; THENCE NORTH 68°54'47" WEST 215.29 FEET; THENCE NORTH 69°23'00" WEST 343.17 FEET; THENCE NORTH 69°35'25" WEST 94.77 FEET; THENCE NORTH 71°33'54" WEST42.46 FEET; THENCE NORTH 76°30'15" WEST 26.55 FEET; THENCE SOUTH 81°52'12" WEST 10.38 FEET; THENCE NORTH 03°20'45" EAST 37.51 FEET; THENCE 19.24 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 142.45 FEET THROUGH A CENTRAL ANGLE OF 07°44'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 89°14'21" EAST 19.22 FEET TO A POINT OF REVERSE CURVATURE; THENCE 17.14 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 14.00 FEET THROUGH A CENTRAL ANGLE OF 70°07'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 59°33'50" EAST 16.09 FEET; THENCE NORTH 24°29'55" EAST 8.32 FEET; THENCE NORTH 31°14'01" WEST 17.16 FEET; THENCE NORTH 13°29'45" EAST 797.35 FEET; THENCE NORTH 67°50'44" EAST 418.32 FEET; THENCE NORTH 37°39'56" EAST 34.70 FEET; THENCE NORTH 15°00'04" WEST 7.09 FEET; THENCE NORTH 09°44'37" WEST 29.09 FEET; THENCE NORTH 34°31'24" EAST 30.44 FEET; THENCE NORTH 37°33'50" EAST 57.89 FEET; THENCE NORTH 37°38'54" EAST 82.20 FEET; THENCE NORTH 37°31'13" EAST 87.95 FEET; 2600 Golden Gate Parkway, Na[ __, orida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 i T 2 m Q 0 N O 0 0 N Co N J d 0 ti M LO Page 1 5 Pa Packet Pg. 960 11.A.b PENINSULA ENGINEERING � THENCE NORTH 38°41'56" EAST 85.43 FEET; THENCE NORTH 31°45'33" EAST 106.24 FEET; THENCE NORTH 30°15'42" EAST 99.96 FEET; THENCE NORTH 29°16'18" EAST 94.59 FEET; THENCE NORTH 26'23'10" EAST 88.01 FEET; THENCE NORTH 22°30'47" EAST 87.82 FEET; THENCE NORTH 18°21'12" EAST 77.01 FEET; THENCE NORTH 30°33'53" EAST 99.99 FEET; THENCE NORTH 27°15'39" EAST 61.95 FEET; THENCE NORTH 34°08'59" EAST 48.68 FEET; THENCE NORTH 48°49'37" EAST 43.42 FEET; THENCE NORTH 58°07'01" EAST 52.34 FEET; THENCE NORTH 63°30'46" EAST 78.49 FEET; THENCE NORTH 66°54'01" EAST 83.15 FEET; THENCE NORTH 66°45'00" EAST 45.64 FEET; THENCE SOUTH 61 °55'39" EAST 6.91 FEET; THENCE NORTH 69°34'35" EAST 118.02 FEET; THENCE NORTH 81°56'55" EAST 17.06 FEET; THENCE NORTH 86°43'15" EAST 124.39 FEET; THENCE NORTH 13°46'19" WEST 328.58 FEET; THENCE NORTH 70°48'07" EAST 76.21 FEET; THENCE NORTH 54°29'06" EAST 37.97 FEET; THENCE NORTH 21°53'45" WEST 54.48 FEET; THENCE NORTH 70°47'14" EAST 77.55 FEET; THENCE NORTH 71°02'31"EAST 35.61 FEET; THENCE NORTH 72°16'21" EAST 131.70 FEET; THENCE NORTH 72°04'43" EAST 126.98 FEET; THENCE NORTH 73°13'18" EAST 106.86 FEET; THENCE NORTH 71°11'17" EAST 74.14 FEET; THENCE NORTH 68°33'08" EAST 30.93 FEET; THENCE NORTH 71°33'54" EAST 17.88 FEET; THENCE NORTH 81°15'14" EAST 13.52 FEET; THENCE SOUTH 83°05'20" EAST 17.09 FEET; THENCE SOUTH 47°43'35" EAST 15.29 FEET; THENCE SOUTH 37°20'58" EAST 24.58 FEET; THENCE SOUTH 16°38'20" EAST 46.68 FEET; THENCE SOUTH 24°10'17" EAST 35.78 FEET; THENCE SOUTH 21 °52'45" EAST 70.36 FEET; THENCE SOUTH 34°33'45" EAST 28.09 FEET; THENCE SOUTH 47°26'12" EAST 34.20 FEET; THENCE SOUTH 52°25'53" EAST 8.43 FEET; THENCE SOUTH 71 °33'54" EAST 9.75 FEET; THENCE SOUTH 85°01'49" EAST 11.87 FEET; THENCE SOUTH 87°08'15" EAST 20.59 FEET; THENCE SOUTH 88°25'50" EAST 37.54 FEET; THENCE NORTH 87°33'48" EAST 48.37 FEET; THENCE SOUTH 89°35'00" EAST 141.38 FEET; THENCE NORTH 89°06'34" EAST 99.23 FEET; THENCE NORTH 84°31'51" EAST 48.55 FEET; THENCE NORTH 82°20'00" EAST 26.97 FEET; THENCE NORTH 79°46'40" EAST 31.87 FEET; THENCE NORTH 76°27'51" EAST 28.56 FEET; 2600 GOIc-, Gate Pars.,--_„ -_,_ __, , orida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 i T 2 m Q 0 N O 0 0 N Co N J d 0 ti M LO Page 1 6 Pap Packet Pg. 961 11.A.b PENINSULA ENGINEERING � THENCE NORTH 70°23'45" EAST 39.84 FEET; THENCE NORTH 70'48'11" EAST 134.46 FEET; THENCE NORTH 70°37'19" EAST 79.02 FEET; THENCE NORTH 66°32'28" EAST 29.70 FEET; THENCE NORTH 57°49'44" EAST 37.66 FEET; THENCE NORTH 53°21'57" EAST 74.96 FEET; THENCE NORTH 54°24'59" EAST 148.87 FEET; THENCE NORTH 50°50'35" EAST 203.54 FEET; THENCE NORTH 48°43'53" EAST 33.52 FEET; THENCE NORTH 32°23'52" EAST 31.67 FEET; THENCE 334.86 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 272.48 FEET THROUGH A CENTRAL ANGLE OF 70°24'48" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 06°25'03" WEST 314.18 FEET; THENCE NORTH 41°37'27" WEST 133.18 FEET; THENCE 184.60 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 573.36 FEET THROUGH A CENTRAL ANGLE OF 18°26'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 50°50'52" WEST 183.80 FEET; THENCE NORTH 60°04'16" WEST 149.32 FEET; THENCE 44.34 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 29.99 FEET THROUGH A CENTRAL ANGLE OF 84°41'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 17°43'30" WEST 40.41 FEET; THENCE NORTH 24°37'19" EAST 570.03 FEET; THENCE CONTINUE ALONG SAID LINE NORTH 24°37'19" EAST 101.66 FEET; THENCE NORTH 23°58'37" EAST 211.35 FEET; THENCE NORTH 27°45'05" EAST 100.63 FEET; THENCE NORTH 34°51'48" EAST 129.90 FEET; THENCE NORTH 36°14'23" EAST 119.58 FEET; THENCE NORTH 39°15'14" EAST 61.92 FEET; THENCE NORTH 30°37'48" EAST 96.80 FEET; THENCE NORTH 31°09'42" EAST 136.09 FEET; THENCE NORTH 31°57'25" EAST 103.02 FEET; THENCE NORTH 32°39'03" EAST 134.08 FEET; THENCE NORTH 28°32'24" EAST 53.34 FEET; THENCE NORTH 31°15'49" EAST 35.90 FEET; THENCE NORTH 36°52'12" EAST 24.66 FEET; THENCE NORTH 53°49'13" EAST 22.74 FEET; THENCE NORTH 59°30'01" EAST 46.43 FEET; THENCE NORTH 58°16'35" EAST 70.87 FEET; THENCE NORTH 46°49'06" EAST 48.85 FEET; THENCE NORTH 34°36'20" EAST 66.58 FEET; THENCE NORTH 36°23'58" EAST 266.89 FEET; THENCE NORTH 35°28'00" EAST 51.47 FEET; THENCE NORTH 24'1340" EAST 48.08 FEET; THENCE NORTH 20°29'50" EAST 62.60 FEET; THENCE NORTH 17°32'36" EAST 44.54 FEET; THENCE NORTH 11'02'07" EAST 134.56 FEET; THENCE NORTH 09°20'41"EAST 65.81 FEET; THENCE NORTH 08°49'13" EAST 32.16 FEET; THENCE NORTH 02'07'16" WEST 14.81 FEET; THENCE NORTH 19°58'59" WEST 12.83 FEET; THENCE NORTH 29°55'53" WEST 20.87 FEET; THENCE NORTH 45°00'00" WEST 56.96 FEET; 2600 Golu, Gate Pars.,_-_„ -_,_ __, orida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 i T 2 m Q 0 N O 0 0 N Co N J d 0 ti M LO Page 1 7 Pag Packet Pg. 962 11.A.b "P%� PEN INSULA�� ENGINEERING I THENCE NORTH 48°51'56" WEST 57.48 FEET; THENCE NORTH 42°38'48" WEST 28.31 FEET; THENCE NORTH 38°47'48" WEST 35.86 FEET; THENCE NORTH 43°25'04" WEST 39.03 FEET; THENCE NORTH 49°30'49" WEST 57.23 FEET; THENCE NORTH 80°05'04" WEST 162.01 FEET; THENCE SOUTH 70°27'37" WEST 353.26 FEET; THENCE SOUTH 52°04'25" WEST 180.21 FEET; THENCE SOUTH 46°15'33" WEST 105.62 FEET; THENCE SOUTH 14°06'59" WEST 71.07 FEET; THENCE SOUTH 00°00'00" EAST 184.61 FEET; THENCE SOUTH 33°22'39" WEST 119.87 FEET; THENCE SOUTH 51 °50'44" WEST 123.51 FEET; THENCE SOUTH 08°48'01" WEST 181.00 FEET; THENCE SOUTH 12'32'13" WEST 159.70 FEET; THENCE SOUTH 29°05'58" WEST 178.41 FEET; THENCE SOUTH 19°43'20" WEST 92.39 FEET; THENCE SOUTH 06°03'53" WEST 66.01 FEET; THENCE SOUTH 33°44'00" EAST 74.98 FEET; THENCE SOUTH 35°38'09" EAST 285.70 FEET; THENCE SOUTH 36°44'05" WEST 69.62 FEET; THENCE SOUTH 37°56'14" WEST 281.93 FEET; THENCE SOUTH 49°31'43" WEST 127.67 FEET; THENCE SOUTH 80°25'32" WEST 404.49 FEET; THENCE NORTH 87°54'54" WEST 90.21 FEET; THENCE NORTH 25°36'44" WEST 88.26 FEET; THENCE NORTH 12°58'39" WEST 231.55 FEET; THENCE NORTH 06°53'41" WEST 202.48 FEET; THENCE NORTH 27'13'10" WEST 136.55 FEET; THENCE NORTH 25'34'19" WEST 232.85 FEET; THENCE SOUTH 65°09'12" WEST 91.77 FEET; THENCE SOUTH 62°32'35" WEST 179.73 FEET; THENCE SOUTH 40°40'30" WEST 69.24 FEET; THENCE SOUTH 25°23'41" WEST 80.83 FEET; THENCE SOUTH 07°19'04" WEST 272.16 FEET; THENCE SOUTH 24°58'00" WEST 197.30 FEET; THENCE SOUTH 19'11'56" WEST 158.12 FEET; THENCE SOUTH 12°44'34" WEST 220.40 FEET; THENCE SOUTH 16°08'12" WEST 274.18 FEET; THENCE SOUTH 04°07'12" WEST 97.07 FEET; THENCE SOUTH 24°50'20" EAST 57.86 FEET; THENCE SOUTH 71 °32'44" EAST 285.12 FEET; THENCE SOUTH 23°16'18" EAST 105.39 FEET; THENCE SOUTH 55°19'43" EAST 109.62 FEET; THENCE SOUTH 61'47'13" EAST 59.01 FEET; THENCE SOUTH 04°32'27" WEST 218.94 FEET; THENCE SOUTH 62°48'36" WEST 159.81 FEET; THENCE SOUTH 62°13'07" WEST 380.23 FEET; THENCE SOUTH 65°59'35" WEST 157.48 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 65°59'35" WEST 165.20 FEET; THENCE NORTH 57°18'14" WEST 288.59 FEET; THENCE NORTH 10°35'39" WEST 112.69 FEET; zbuu uoiaen uate ran<way, ivapies, rioriaa, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Page 1 8 Pag Packet Pg. 963 11.A.b PENINSULA ENGINEERING � THENCE NORTH 34°10'37" WEST 80.33 FEET; THENCE NORTH 80°29'31" WEST 84.44 FEET; THENCE SOUTH 80°29'10" WEST 168.78 FEET; THENCE NORTH 24°16'43" WEST 252.93 FEET; THENCE NORTH 36°32'15" WEST 99.05 FEET; THENCE NORTH 71°40'01" WEST 54.78 FEET; THENCE SOUTH 66°47'19" WEST 60.37 FEET; THENCE SOUTH 49°53'20" WEST 371.87 FEET; THENCE SOUTH 11'01'44" WEST 127.06 FEET; THENCE SOUTH 08°23'02" WEST 189.92 FEET; THENCE SOUTH 05'03'18" WEST 355.01 FEET; THENCE SOUTH 21 °53'22" WEST 74.28 FEET; THENCE SOUTH 87°25'10" WEST 72.89 FEET; THENCE NORTH 88°34'25" WEST 263.66 FEET; THENCE MORTH 90°00,00" WEST 353.73 FEET; THENCE NORTH 16'28'18" WEST 44.49 FEET; THENCE NORTH 05°27'34" EAST 451.68 FEET; THENCE NORTH 05°27'37" EAST 140.12 FEET; THENCE NORTH 22°49'53" EAST 128.19 FEET; THENCE NORTH 22°49'55" EAST 178.94 FEET; THENCE NORTH 61°10'39" EAST 66.37 FEET; THENCE NORTH 57°25'33" EAST 35.05 FEET; THENCE NORTH 45°31'06" EAST 208.44 FEET; THENCE NORTH 34°34'40" EAST 34.88 FEET; THENCE NORTH 00°17'55" EAST 39.38 FEET; THENCE NORTH 18°44'29" WEST 30.33 FEET; THENCE NORTH 44°51'02" WEST 39.13 FEET; THENCE NORTH 35°26'57" EAST 36.45 FEET; THENCE NORTH 75°05'04" EAST 191.26 FEET; THENCE NORTH 78°18'20" EAST 230.73 FEET; THENCE NORTH 42°17'55" EAST 47.70 FEET; THENCE NORTH 11'48'13" EAST 270.74 FEET; THENCE NORTH 12°31'52" EAST 268.96 FEET; THENCE NORTH 05°56'18" EAST 226.03 FEET; THENCE NORTH 15°37'05" EAST 96.66 FEET; THENCE NORTH 45°40'40" EAST 79.32 FEET; THENCE NORTH 31°13'34" EAST 57.57 FEET; THENCE NORTH 11'08'47" WEST 49.34 FEET; THENCE NORTH 44°55'31" WEST 55.62 FEET; THENCE NORTH 39°20'48" WEST 216.44 FEET; THENCE NORTH 18°29'43" WEST 61.43 FEET; THENCE NORTH 18°04'35" WEST 31.07 FEET; THENCE NORTH 45°00'00" WEST 13.92 FEET; THENCE NORTH 00°16'24" EAST 107.49 FEET; THENCE NORTH 17°09'43" EAST 102.19 FEET; THENCE NORTH 28°49'30" EAST 144.23 FEET; THENCE NORTH 42°24'23" EAST 250.02 FEET; THENCE NORTH 23°44'16" EAST 74.39 FEET; THENCE NORTH 00°17'54" EAST 19.69 FEET; THENCE NORTH 47°47'05" EAST 13.43 FEET; THENCE NORTH 00°11'57" EAST 59.08 FEET; THENCE NORTH 53°03'30" WEST 49.15 FEET; 2600 Golu_ Gate Par,___„ ,_ __, �orida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 i T 2 m Q 0 N O 0 0 N Co N J d 0 I'- m LO Page 1 9 Pap Packet Pg. 964 11.A.b PENINSULA ENGINEERING � THENCE SOUTH 80'34'11" WEST 60.09 FEET; THENCE SOUTH 78°37'22" WEST 291.15 FEET; THENCE NORTH 22'29'11" WEST 54.17 FEET; THENCE NORTH 04°45'49" EAST 175.37 FEET; THENCE NORTH 19°19'48" EAST 139.12 FEET; THENCE NORTH 34°16'10" EAST 202.54 FEET; THENCE NORTH 34°50'27" EAST 152.95 FEET; THENCE NORTH 36°01'07" EAST 149.12 FEET; THENCE NORTH 35°44'13" EAST 78.84 FEET; THENCE NORTH 37°38'44" EAST 121.24 FEET; THENCE NORTH 02°52'35" EAST 83.80 FEET; THENCE NORTH 07°44'54" WEST 187.14 FEET; THENCE NORTH 03°06'02" WEST 468.36 FEET; THENCE NORTH 88°51'10" EAST 696.73 FEET; THENCE NORTH 27°16'47" EAST 8.29 FEET; THENCE NORTH 88°30'24" EAST 285.47 FEET; THENCE 85.37 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 92.30 FEET THROUGH A CENTRAL ANGLE OF 52°59'46" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 64°59'43" EAST 82.36 FEET; THENCE 218.05 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE NORTH HAVING A RADIUS OF 151.97 FEET THROUGH A CENTRAL ANGLE OF 82°12'30" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 79°36'25" EAST 199.82 FEET TO A POINT OF COMPOUND CURVE; THENCE 89.72 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 867.72 FEET THROUGH A CENTRAL ANGLE OF 05°55'28" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 56°19'36" EAST 89.68 FEET TO A POINT OF REVERSE CURVATURE; THENCE 59.03 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 93.39 FEET THROUGH A CENTRAL ANGLE OF 36°12'54" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 71 °28'19" EAST 58.05 FEET; THENCE NORTH 89°34'46" EAST 135.27 FEET; THENCE NORTH 00°25'14" WEST 492.05 FEET; THENCE SOUTH 78°28'34" EAST 368.27 FEET; THENCE SOUTH 75°43'31" EAST 382.68 FEET; THENCE SOUTH 76°00'47" EAST 434.51 FEET; THENCE SOUTH 82°26'39" EAST 99.84 FEET; THENCE NORTH 47°28'56" EAST 48.56 FEET; THENCE NORTH 04°55'26" EAST 60.94 FEET; THENCE NORTH 49°03'46" WEST 375.66 FEET; THENCE NORTH 29°12'52" WEST 267.92 FEET; THENCE NORTH 32°48'25" WEST 236.24 FEET; THENCE NORTH 23°08'48" WEST 89.23 FEET; THENCE NORTH 45°41'05" WEST 161.39 FEET; THENCE CONTINUE ALONG SAID LINE NORTH 45°41'05" WEST 20.65 FEET; THENCE NORTH 18°40'52" WEST 52.83 FEET; THENCE NORTH 44°49'05" WEST 10.20 FEET; THENCE 284.08 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 313.75 FEET THROUGH A CENTRAL ANGLE OF 51°52'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 64°01'44" EAST 274.48 FEET; THENCE SOUTH 89°33'25" EAST 1,369.78 FEET; THENCE 146.94 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 80.00 FEET THROUGH A CENTRAL ANGLE OF 105°14'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 36°56'19" EAST 127.14 FEET; z600 GOIL _- Gate Par,__ _ ,, __,_ _s, Florida, 34105 Office 239.403.670b _ - t39.261.179, Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 i T 2 m Q 0 N O 0 0 N Co N J d 0 I'- m LO Page 10 Pag Packet Pg. 965 11.A.b THENCE SOUTH 15°40'47" WEST 55.86 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH THENCE CONTINUE ALONG SAID LINE SOUTH THENCE SOUTH 16°09'12" WEST 457.86 FEET; THENCE SOUTH 15°43'04" WEST 464.54 FEET; THENCE SOUTH 27°27'09" WEST 189.54 FEET; THENCE SOUTH 13°54'55" WEST 141.16 FEET; THENCE SOUTH 06°06'40" WEST 195.57 FEET; THENCE SOUTH 01 °28'32" EAST 135.43 FEET; THENCE SOUTH 35°57'04" EAST 322.31 FEET; THENCE SOUTH 54°16'15" EAST 139.10 FEET; THENCE SOUTH 65°37'02" EAST 79.50 FEET; THENCE SOUTH 87°23'21" EAST 59.55 FEET; THENCE SOUTH 66°53'26" EAST 241.46 FEET; THENCE SOUTH 64°45'28" EAST 263.29 FEET; THENCE SOUTH 71°18'47" EAST 57.07 FEET; THENCE SOUTH 85°07'33" EAST 50.51 FEET; THENCE NORTH 81°05'07" EAST 75.18 FEET; THENCE NORTH 81°43'21" EAST 63.88 FEET; THENCE NORTH 84°57'08" EAST 36.24 FEET; THENCE SOUTH 86°25'39" EAST 63.61 FEET; THENCE SOUTH 81°31'21" EAST 262.28 FEET; THENCE SOUTH 88°08'03" EAST 273.99 FEET; THENCE NORTH 80°58'13" EAST 327.79 FEET; THENCE NORTH 67°50'56" EAST 252.22 FEET; THENCE NORTH 81°02'01" EAST 819.65 FEET; THENCE NORTH 81°42'41" EAST 310.84 FEET; THENCE SOUTH 65°34'43" EAST 80.72 FEET; THENCE NORTH 89°59'47" EAST 219.16 FEET; THENCE NORTH 82°42'28" EAST 41.19 FEET; THENCE NORTH 58°02'38" EAST 138.72 FEET; THENCE NORTH 41°09'18" EAST 91.38 FEET; THENCE NORTH 73°57'36" EAST 83.05 FEET; THENCE NORTH 84°51'58" EAST 305.34 FEET; THENCE NORTH 86°38'43" EAST 343.90 FEET; THENCE NORTH 87°28'42" EAST 503.72 FEET; THENCE NORTH 88°46'01" EAST 328.07 FEET; THENCE NORTH 37°30'20" EAST 357.69 FEET; THENCE NORTH 15°32'08" EAST 149.51 FEET; THENCE NORTH 86°55'36" EAST 261.44 FEET; THENCE NORTH 72°53'31" EAST 576.59 FEET; THENCE NORTH 50°45'14" EAST 202.55 FEET; THENCE NORTH 87°14'14" EAST 314.60 FEET; THENCE SOUTH 76°38'32" EAST 143.08 FEET; THENCE NORTH 89°49'43" EAST 1,054.71 FEET; THENCE SOUTH 75°20'32" EAST 42.85 FEET; THENCE SOUTH 41°43'41" EAST 38.04 FEET; THENCE SOUTH 59°44'48" EAST 101.86 FEET; THENCE SOUTH 82°56'38" EAST 71.89 FEET; THENCE NORTH 76°31'27" EAST 68.87 FEET; THENCE NORTH 60°32'45" EAST 175.39 FEET; THENCE NORTH 78'18'10" EAST 41.23 FEET; PENINSULA ENGINEERING � 15°40'47" WEST 162.43 FEET; 15°40'47" WEST 132.43 FEET; 2600 Golu_ Gate Par,.__„ ,_ __, �orida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 i T 2 m Q 0 N O 0 0 N Co N J d 0 ti M LO Page 11 Pag Packet Pg. 966 11.A.b PENINSULA ENGINEERING � THENCE NORTH 89°28'30" EAST 257.27 FEET; THENCE NORTH 00°45'43" WEST 115.45 FEET; THENCE SOUTH 89'14'17" WEST 299.30 FEET; THENCE NORTH 00°45'43" WEST 290.15 FEET; THENCE NORTH 89°14'17" EAST 299.30 FEET; THENCE SOUTH 38°39'29" EAST 47.28 FEET; THENCE SOUTH 78°43'18" EAST 37.76 FEET; THENCE NORTH 80'32'17" EAST 44.92 FEET; THENCE NORTH 53°09'40" EAST 110.85 FEET; THENCE NORTH 90°00'00" EAST 88.72 FEET; THENCE SOUTH 84°33'47" EAST 155.87 FEET; THENCE NORTH 86°59'22" EAST 140.60 FEET; THENCE NORTH 38°39'42" EAST 47.28 FEET; THENCE NORTH 18°26'02" EAST 46.70 FEET; THENCE NORTH 02°51'45" EAST 295.75 FEET; THENCE NORTH 41°20'03" EAST 89.60 FEET; THENCE NORTH 37°52'30" EAST 84.20 FEET; THENCE NORTH 09°31'36" EAST 89.85 FEET; THENCE NORTH 15°10'10" WEST 734.49 FEET; THENCE NORTH 26°23'04" WEST 116.32 FEET; THENCE NORTH 57°33'43" WEST 96.37 FEET; THENCE NORTH 82°53'13" WEST 59.63 FEET; THENCE SOUTH 56°18'37" WEST 79.88 FEET; THENCE SOUTH 48°01'05" WEST 89.54 FEET; THENCE SOUTH 45°01'51" WEST 135.83 FEET; THENCE SOUTH 72°53'48" WEST 100.44 FEET; THENCE NORTH 90°00'00" WEST 81.33 FEET; THENCE NORTH 82°53'15" WEST 59.64 FEET; THENCE NORTH 38°39'31" WEST 47.28 FEET; THENCE NORTH 29°03'20" WEST 76.03 FEET; THENCE NORTH 02°50'47" WEST 148.69 FEET; THENCE NORTH 18°26'04" EAST 70.05 FEET; THENCE NORTH 28°36'37" EAST 92.53 FEET; THENCE NORTH 31°01'23" EAST 86.17 FEET; THENCE NORTH 14°02'09" EAST 121.79 FEET; THENCE NORTH 29°03'13" WEST 76.03 FEET; THENCE NORTH 56°21'05" WEST 79.96 FEET; THENCE SOUTH 81°15'48" WEST 64.29 FEET; THENCE NORTH 00°15'32" WEST 184.04 FEET; THENCE NORTH 89°44'28" EAST 2,566.51 FEET; THENCE SOUTH 00°15'32" EAST 1093.24 FEET; THENCE NORTH 90°00'00" WEST 493.24 FEET; THENCE SOUTH 00°00'00" EAST 935.87 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 00°00'00" EAST 382.14 FEET; THENCE SOUTH 88°54'13" WEST 1,103.68 FEET; THENCE NORTH 49°08'39" WEST 30.10 FEET; THENCE NORTH 52°25'53" WEST 87.47 FEET; THENCE NORTH 81°55'03" WEST 117.26 FEET; THENCE CONTINUE ALONG SAID LINE NORTH 81 °55'03" WEST 5.28 FEET; THENCE SOUTH 82°48'45" WEST 104.92 FEET; THENCE SOUTH 54°36'59" WEST 102.02 FEET; THENCE SOUTH 73°19'36" WEST 91.45 FEET; 2600 Golu_ Gate Parkway, Na,_ __, �orida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 i T 2 m Q 0 N O 0 0 N Co N J d 0 I'- m LO Page 12 Pap Packet Pg. 967 11.A.b PENINSULA ENGINEERING � THENCE SOUTH 00°45'43" EAST 112.51 FEET; THENCE NORTH 82°52'57" EAST 4.97 FEET; THENCE NORTH 59°26'48" EAST 47.53 FEET; THENCE NORTH 77°36'27" EAST 12.36 FEET; THENCE SOUTH 70°55'29" EAST 16.45 FEET; THENCE SOUTH 47°41'12" EAST 748.88 FEET; THENCE SOUTH 34°06'49" EAST 46.63 FEET; THENCE SOUTH 14°16'24" EAST 615.15 FEET; THENCE NORTH 85°59'44" EAST 160.53 FEET; THENCE NORTH 47°06'44" EAST 110.60 FEET; THENCE NORTH 29'11'18" EAST 460.96 FEET; THENCE NORTH 13°56'57" EAST 67.16 FEET; THENCE CONTINUE ALONG SAID LINE NORTH 13°56'57" EAST 142.69 FEET; THENCE NORTH 76°19'41" EAST 160.84 FEET; THENCE NORTH 61°43'54" EAST 107.89 FEET; THENCE NORTH 18°58'36" EAST 21.78 FEET; THENCE NORTH 90°00'00" EAST 226.22 FEET; THENCE 279.29 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 4,128.07 FEET THROUGH A CENTRAL ANGLE OF 03°52135" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 01 °38'58" WEST 279.24 FEET; THENCE SOUTH 00°14'33" EAST 370.37 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 00°14'33" EAST 1,537.82 FEET; THENCE SOUTH 00°22'10" EAST 2,347.87 FEET; THENCE NORTH 89°29'01" EAST 210.23 FEET; THENCE SOUTH 00°23'23" EAST 200.00 FEET; THENCE SOUTH 89°29'01" WEST 210.30 FEET; THENCE SOUTH 00'22'10" EAST 62.31 FEET; THENCE SOUTH 00°30'10" EAST 2,674.23 FEET; THENCE SOUTH 00°35'31" EAST 2,684.53 FEET; THENCE SOUTH 00'38'11" EAST 2,610.24 FEET; THENCE SOUTH 00°30'34" EAST 199.67 FEET; THENCE 227.68 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,032.95 FEET THROUGH A CENTRAL ANGLE OF 04°18'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°39'36" EAST 227.63 FEET; THENCE SOUTH 04°48'38" EAST 400.93 FEET; THENCE SOUTH 05°08'04" EAST 83.53 FEET; THENCE SOUTH 00°29'16" EAST 87.64 FEET; THENCE CONTINUE ALONG SAID LINE SOUTH 00°29'16" EAST 1,584.56 FEET; THENCE SOUTH 89°04'49" WEST 604.79 FEET; THENCE NORTH 47°03'54" WEST 98.67 FEET; THENCE SOUTH 52°55'08" WEST 87.29 FEET; THENCE SOUTH 06°39'26" WEST 102.55 FEET; THENCE SOUTH 71°24'17" WEST 367.36 FEET; THENCE NORTH 19°54'41" WEST 104.73 FEET; THENCE NORTH 43°05'38" WEST 251.09 FEET; THENCE NORTH 11'04'29" EAST 79.58 FEET; THENCE NORTH 05°51'31" WEST 66.56 FEET; THENCE NORTH 48°52'26" WEST 332.24 FEET; THENCE NORTH 74°56'35" WEST 80.29 FEET; THENCE SOUTH 74°58'06" WEST 235.65 FEET; THENCE SOUTH 51 °40'42" WEST 93.09 FEET; THENCE SOUTH 21 °53'05" WEST 241.50 FEET; 2600 Golu_ Gate Par, __ _ __,_ __, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 i T 2 m Q 0 N O 0 0 N Co N J d 0 I'- m LO Page 13 Pag Packet Pg. 968 11.A.b PENINSULA ENGINEERING � THENCE SOUTH 77°21'09" WEST 341.17 FEET; THENCE SOUTH 60°48'05" WEST 79.49 FEET; THENCE NORTH 88°09'54" WEST 265.68 FEET; THENCE SOUTH 89°36'53" WEST 1,150.41 FEET; THENCE SOUTH 00'23'11" EAST 73.21 FEET; THENCE NORTH 89°33'08" EAST 778.22 FEET; THENCE NORTH 87°51'34" EAST 154.58 FEET; THENCE SOUTH 85°01'54" EAST 26.71 FEET; THENCE SOUTH 68°12'13" EAST 18.69 FEET; THENCE SOUTH 59°45'01" EAST 16.07 FEET; THENCE SOUTH 13°23'45" EAST 24.97 FEET; THENCE SOUTH 14°32'17" EAST 32.26 FEET; THENCE SOUTH 18°26'22" EAST 54.87 FEET; THENCE SOUTH 17°17'08" EAST 163.55 FEET; THENCE SOUTH 44°35'43" EAST 113.71 FEET; THENCE SOUTH 75°58'02" EAST 52.48 FEET; THENCE SOUTH 89°32'05" EAST 297.97 FEET; THENCE SOUTH 89°02'18" EAST 438.83 FEET; THENCE NORTH 87°50'09" EAST 526.94 FEET; THENCE NORTH 86°37'19" EAST 399.99 FEET; THENCE NORTH 82°52'37" EAST 107.20 FEET; THENCE NORTH 66'29'15" EAST 219.10 FEET; THENCE NORTH 58°23'57" EAST 148.78 FEET; THENCE NORTH 25°28'09" EAST 140.57 FEET; THENCE NORTH 03°48'54" EAST 43.08 FEET; THENCE NORTH 89°30'04" EAST 261.44 FEET; THENCE SOUTH 00°59'01" EAST 438.34 FEET; THENCE SOUTH 89°56'52" EAST 229.85 FEET; THENCE SOUTH 00°59'03" EAST 1,870.87 FEET; THENCE NORTH 89°00'57" EAST 200.00 FEET; THENCE SOUTH 00°59'03" EAST 200.00 FEET; THENCE SOUTH 89°00'57" WEST 200.00 FEET; THENCE SOUTH 00°59'03" EAST 122.06 FEET; THENCE SOUTH 00°55'59" EAST 2,017.98 FEET; THENCE NORTH 89°04'01" EAST 200.00 FEET; THENCE SOUTH 00°55'59" EAST 228.23 FEET; THENCE 77.01 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 340.00 FEET THROUGH A CENTRAL ANGLE OF 12°58'40" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°33'23" WEST 76.85 FEET; THENCE SOUTH 12°02'43" WEST 100.00 FEET; THENCE 99.19 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 660.00 FEET THROUGH A CENTRAL ANGLE OF 08°36'40" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 07°44'22" WEST 99.10 FEET; THENCE SOUTH 88°57'14" WEST 500.00 FEET; THENCE NORTH 01°02'46" WEST 200.00 FEET; THENCE SOUTH 88°57'14" WEST 1,881.86 FEET; THENCE SOUTH 01 °02'46" EAST 200.00 FEET; THENCE SOUTH 88°57'14" WEST 96.22 FEET; THENCE SOUTH 88°54'04" WEST 103.78 FEET; THENCE NORTH 01°02'46" WEST 200.00 FEET; THENCE SOUTH 88°54'04" WEST 2,309.42 FEET; THENCE SOUTH 06°34'56" EAST 200.20 FEET; 2600 Golu_ Gate Par,__ _ ,, _,_ __, �orida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 i T 2 m Q 0 N O 0 0 N Co N J d 0 I'- m LO Page 14 Pap Packet Pg. 969 11.A.b PENINSULA ENGINEERING � THENCE SOUTH 88°54'44" WEST 247.15 FEET TO THE POINT OF BEGINNING. CONTAINING 5,928.10 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 88°54'34" WEST Mel LANCE T MILLER, P.S.M. #LS5627 CERTIFICATE OFAUTHORIZATION #LB-8479 REFERENCE: S:�Ave_Maria-AMAR�DRI-SRA�S-AMAR-DRI-2023.dwg (SK-0IA-D) APRIL 4TH, 2023 DATE OF SURVEY 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479 Page 15 Pag Packet Pg. 970 IMMOKALEE ROAD 100' RIGHT-OF-WAY _ I I I I I 11 11.A.b w w I I„ III 00 C4 N 30 L535 I 25 28 yry 531 S76 I III J 29 010 L443 L525 L522 III L537 ! y L507 L504 �n L429 <� J L501 L492 J — — — — — r S L428 h — L4� + — — L489 m + — — — — L483' — — �3 L5601 L564 w C14 C17 `. C16 y 5 56 L462 L474 L477 L480 L495 L549 o U O C15 'd Los � A68 465 4> L498 L552 L O y L411 �' L312 L309 III � 1 y� L30 J L303 `,N$ III Qi L402 y v fi v'yy L29L 00 > L408 a ! ,yA �+s 3za ry L21 GENERAL NOTES: 36 L321 �e 31� w y v BEARINGS ARE BASED ON SOUTH LINE OF 33 32 SECTION 16 TOWNSHIP 48 SOUTH RANGE 29 O cm L33 EAST COLLIER COUNTY, FLORIDA BEING III G 1,�3g7J <,7 C13 t% s1 c� S88°54'34"W. - SUBJECT TO EASEMENTS, RESTRICTIONS O L3g063 L243 AND RESERVATIONS OF RECORD L568 r N 61 - DIMENSIONS ARE IN FEET' AND DECIMALS. IILsss O T-47-S m L2584127a T-47-S THEREOF. L570 N e z34 1!7 A.E. =ACCESS EASEMENT J ?19 Lz61 231 T-48-S P.B. = PLAT BOOK L571 ILT-48-S Lz1s^ LzL255 z5 Lz4s P.O.B. = POINT OF BEGINNING Lz52 P.O.C. = POINT OF COMMENCEMENT III 00 O.R. = OFFICIAL RECORDS BOOK I� THIS SKETCH MAY HAVE BEEN REDUCED. LztO L207 SEE ATTACHMENT FOR LEGAL DESCRIPTION 1M 010 Li68 PROPERTY CONTAINS: 5928.10 ACRES L201 Li 63 L160 5 4 M N "I L189 L,57 L195 [192 L154 L198 Y N L186 (7B3 48 L145 113 W W 41ap L179 un uL1 IN AREAS OF DENSE ANNOTATION ONLY J C 1 i77 L176 L175 L139 EVERY THIRD NOTE IS DISPLAYED TO AID IN H O N N L80 L137 LEGIBILITY OF THIS SKETCH (REFER TO LINE I= ++ ve9 L81 L82 L89 L138 AND CURVE TABLE ON FOLLOWING 3 PAGES III L77 L83 L90L109 C O — — — — �76 — L91�107 131 L134 — — — — — L75 L92 L106 L128 T a L73 L84 LLL94 L125 L122 IIII N L72 L71 L85 L86 L97 L119 y L87 y 5 C4 t,6T A6 [46 L70 U 0� L116 L113 d V! L69 L48 1-64 L88 L49 L44 L110 L103 II Q (� 0 L63 L50 U J L575 L100 III U •L L62 L4t y L40 L43 C21 8 9 L576 O C 12 U L577 L578 L54 w C2 L579 L55 Cl OB m O N L56 5T 34 L33 L35 L584 L581 9 `50N _ _ J �f� 11 0 — — — L31 V L602 y13 a L19 L17 L27 L26 L605 L611 L614 L820 II L1 9 L25 L28 L608 Q Lib6 L1> O O L14 L13 � L624 I_� L23 1 I L626 16 L627 L„ 17 PENINSULA ENGINEERING 2600 GOLDEN GATE PARKWAY Q NAPLES, FLORIDA 34105 PHONE: 239A03.6700 FAX:239.261.1797 L21 L20 P.O.B. II EMAIL: INFO@PEN-ENG. O WEBSITE:WWW.P -ENG M L9 L8 � C22 LL84�L64�. 83] L636 L631 O L6 L5 L4 L634 _ O — — — — — — — — — L633 C23 _ —_ LAQQE�LER PROFESSIONAL S OR AND MAPPER, MLS5627 OIL WELL ROAD 100' RIGHT-OF-WAY N1°04'07"W 150.00 L632 APRIL 4TH, 2023 P• O• C• DATE THIS IS NOT A SW CORNER - CERTIFICATE OF AUTHORIZATION pLB- 8479 - NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL OF SECTION 16 RAISED SEAL OR DIGITAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SURVEY T-48-S, R-29-E ��CLIENT: AVE MARIA P E N I N S U LA i SKETCH OF DESCRIPTION ENGINEERING DRI LANDS, PART OF SECTIONS 4-9 AND 16-18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND SCALE IN FEET SECTIONS 31-33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA 2600 GOLDEN GATE PARKWAY DESCRIPTION: NAPLES, FLORIDA 34105 04/04/2023 1"=2000' SK-01A P-AMD-001 S-AMAR-DRI-202 Packet P . 971 PHONE:239-403-6700 FAX: 239-261-1797 Date: SCALE SHEET PROJECT NUMBER: DRAWING No. LINE TABLE LINE# LENGTH BEARING L2 354.33 S88'57'06"W L3 200.01 N1°07'23"W L4 2215.48 S88'57'05"W L5 1128.15 S88°55'37"W L6 1286.63 S89'32'56"W L7 1089.55 N0027'04"W L8 242.19 S89'32'56"W L9 3977.40 S89°24'19"W L10 1280.68 NO'01'40"E L11 1125.68 N90°00'00"E L12 520.46 N0019'38"W L13 38.31 N9'27'58"E L14 32.59 N14056'15"E L15 24.49 N59002'49"E L16 33.93 N68'12'25"E L17 72.42 N73°08'54"E L18 65.14 N69'14'09"E L19 47.93 N61'11'58"E L20 80.38 N56044'10"E L21 82.75 N54'18'17"E L22 552.31 N51'34'19"E L23 52.12 N12032'03"E L24 780.99 N16'41'34"W L25 48.27 N38'40'18"W L26 175.13 N55058'45"W L27 46.21 N78'14'12"W L28 358.77 S86°41'17"W L29 44.00 N43'16'35"W L30 584.34 N1'28'53"W L31 2256.99 N88045'30"E L32 679.82 N11031'40"W L33 43.24 N29'57'19"E L34 750.96 N80003'11"E L35 23.32 N82'05'14"E L36 831.15 N804548"W L37 434.86 N2008'16"E L38 124.61 N38'40'1 WE L39 503.82 N23055'58"E L40 272.53 N89019'06"E L41 718.98 N81'10'42"E L42 638.73 N9°56'39"E L43 172.46 N73°36'58"E L44 171.73 N10'53'22"E L45 492.85 N73057'24"W L46 506.32 S62'57'04"W L47 287.88 S14°21'16"E L48 81.50 S87'03'24"W L49 178.46 S19°06'00"W L50 263.81 S73'34'35"W L51 81.86 S33°42'00"W L52 1402.28 S51°52'05"W L53 1047.10 S18'36'35"E L54 177.10 S81°34'34"E LINE TABLE LINE# LENGTH BEARING L55 106.97 S14'02'28"E L56 33.42 S15°53'24"W L57 347.96 S72°18'08"W L58 977.05 S72'18'08"W L59 868.64 N16'22'40"W L60 1001.63 N16002'21"W L61 808.63 N15043'23"W L62 215.30 N14'29'42"W L63 51.77 N2051'21"W L64 51.77 N37'59'19"E L65 660.90 N58'24'39"E L66 865.77 N56°56'25"E L67 303.89 N62'27'21"E L68 148.88 N58011'43"E L69 99.67 N66027'20"E L70 60.67 N79'59'44"E L71 212.96 N18°39'40"E L72 80.67 N13026'09"E L73 65.75 N4'05'14"E L74 593.12 NO°47'28"E L75 61.18 N5'29'40"E L76 57.43 N20'17'22"E L77 55.07 N51055'17"E L78 51.76 S84'48'27"E L79 40.46 S67°53'53"E L80 55.29 S53'37'33"E L81 158.19 S55°37'37"E L82 79.22 S66'28'32"E L83 69.92 S81'1948"E L84 96.10 N80'53'08"E L85 88.49 N83009'35"E L86 57.96 875'58'08"E L87 65.43 S45044'09"E L88 107.03 S23'12'23"E L89 124.53 S31°09'29"E L90 195.13 836'28'03"E 1-91 193.27 S41'49'01"E L92 187.53 S41°27'57"E L93 177.12 S50'06'28"E L94 103.33 N86'06'03"E L95 76.87 N82007'11"E L96 61.16 N58'49'02"E L97 266.09 N41011'1 WE L98 203.61 N43045'15"E L99 230.87 N63'26'06"E L100 17.74 N55012'54"E L101 40.07 N6058'17"W L102 94.06 N60'20'46"E L103 42.02 N14042'46"E L104 29.10 N52022'08"E L105 37.01 N5'13'18"E L106 185.10 N7°13'16"W L107 66.36 N8°55'50"W LINE TABLE LINE# LENGTH BEARING L108 70.11 N8'35'26"W L109 24.24 N3°30'28"E L110 32.62 N9022'28"E L111 61.35 N32003'11"E L112 54.16 N41059'52"E L113 44.15 N46038'59"E L114 80.40 N40019'34"E L115 42.43 N39°30'46"E L116 71.16 N52007'39"E L117 55.95 N60'17'11"E L118 63.02 N68043'34"E L119 41.51 N86'12'19"E L120 74.98 S75°32'58"E L121 42.97 N78055'50"E L122 36.80 N69'31'07"E L123 34.34 N75037'20"E L124 57.43 872'08'39"E L125 70.22 S56052'50"E L126 99.31 S56'52'18"E L127 56.76 S70°35'59"E L128 70.23 S85'12'15"E L129 52.90 N85047'37"E L130 51.33 N77'16'18"E L131 9.49 N64'20'23"E L132 60.47 N23058'25"E L133 136.06 N39'2742"E L134 123.70 N18012'03"E L135 137.54 N16°26'30"W L136 133.51 N45'55'34"W L137 101.26 N84°43'21"W L138 375.05 S87'06'53"W L139 296.36 S86°31'55"W L140 25.06 N2'29'11"W L141 63.79 S85°19'00"W L142 57.73 S87'01'35"W L143 27.05 N85°14'11"W L144 22.51 N86°11'09"W L145 25.34 N71'01'47"W L146 25.97 N74°5744"W L147 41.73 N80°42'24"W L148 49.95 N77'00'19"W L149 104.70 N78°26'56"W L150 195.82 N78°45'16"W L151 81.14 N79'21'51"W L152 38.50 N76°30'15"W L153 13.50 N70°33'36"W L154 10.18 N53'58'21"W L155 10.18 N53°58'22"W L156 16.42 N43'09'08"W L157 30.12 N34'52'31"W L158 31.00 N37°08'48"W L159 37.06 N45'00'00"W L160 29.92 N43-2845"W LINE TABLE LINE# LENGTH BEARING L161 40.59 N52'29'45"W L162 25.16 N53°28'16"W L163 23.93 N69051'49"W L164 40.74 N72053'50"W L165 101.72 N74038'02"W L166 79.73 N76025'14"W L167 83.41 N73050'34"W L168 71.39 N77016'32"W L169 0.16 N89042'58"W L170 32.47 N70038'50"W L171 240.26 N75044'50"W L172 54.20 S76022'29"W L173 12.81 N75046'41"W L174 243.02 N78006'45"W L175 438.43 S87°32'28"W L176 1109.58 S86'36'21"W L177 142.86 N77'00'11"W L178 207.66 N17'30'03"E L179 648.91 N79'12'42"W L180 201.48 N60'23'31"W L181 96.77 N60023'31"W L182 24.04 N15023'31"W L183 359.22 N60023'31"W L184 24.04 S74-36'29"W L185 74.11 N60'23'31"W L186 329.68 N7°46'40"W L187 45.49 N2'36'09"W L188 24.18 N19'58'59"W L189 42.58 N50054'22"W L190 51.76 N61-23'23"W L191 67.53 N66034'18"W L192 428.39 N69041'11"W L193 628.17 N70'24'12"W L194 215.29 N6805447"W L195 343.17 N69023'00"W L196 94.77 N69-35-25"W L197 42.46 N71033'54"W L198 26.55 N76030'15"W L199 10.38 S81°52'12"W L200 37.51 N3°20'45"E L201 8.32 N24'29'55"E L202 17.16 N31014'01"W L203 797.35 N1302945"E L204 418.32 N67'50'44"E L205 34.70 N37°39'56"E L206 7.09 N15000'04"W L207 29.09 N9'44'37"W L208 30.44 N34031'24"E L209 57.89 N37'33'50"E L210 82.20 N37'38'54"E L211 87.95 N37031'13"E L212 85.43 N38'41'56"E L213 106.24 1 N31-45'33"E �M AVE MARIA CLIENT: P E N I N S U LA ANNOTATION TABLE - 1 ENGINEERING DRI LANDS, PART OF SOUTH,ONS 4-9 AND 16-18 TOWNSHIP 48 AND P 47 SOUTH, RANGE 229 EAST, COLLIIERCOUNTY, FLORIDA SECTIONS 31 33, TOWNSHIP 2600 GOLDEN GATE PARKWAY DESCRIPTION: NAPLES, FLORIDA 34105 PHONE: 239-403-6700 FAX: 239-261-1797 04/04/2023 1" = 2000' SK-01B P-AMD-001 LINE TABLE LINE# LENGTH BEARING L214 99.96 N30'15'42"E L215 94.59 N29°16'18"E L216 88.01 N26°23'1 WE L217 87.82 N22'30'47"E L218 77.01 N18°21'12"E L219 99.99 N30o33-53"E L220 61.95 N27'15'39"E L221 48.68 N34°O8'59"E L222 43.42 N48'49'37"E L223 52.34 N58'07'01"E L224 78.49 N63030'46"E L225 83.15 N66-54'01"E L226 45.64 N66'45'00"E L227 6.91 S61°55'39"E L228 118.02 N69'34'35"E L229 17.06 N81056'55"E L230 124.39 N86'43'15"E L231 328.58 N13-46'19"W L232 76.21 N70048'07"E L233 37.97 N54'29'06"E L234 54.48 N21'53'45"W L235 77.55 N70047'14"E L236 35.61 N71'02'31"E L237 131.70 N72'16'21"E L238 126.98 N72004'43"E L239 106.86 N73'13'18"E L240 74.14 N71011'17"E L241 30.93 N68033'08"E L242 17.88 N71'33'54"E L243 13.52 N81015'14"E L244 17.09 S83'05'20"E L245 15.29 S47°43'35"E L246 24.58 S37'20'58"E L247 46.68 S16°38'20"E L248 35.78 S24'10'17"E L249 70.36 S21-52-45"E L250 28.09 834'3345"E L251 34.20 S47'26'12"E L252 8.43 S52°25'53"E L253 9.75 S71'33'54"E L254 11.87 S85°01'49"E L255 20.59 887'08'15"E L256 37.54 S88°25'50"E L257 48.37 N87'3348"E L258 141.38 S89°35'00"E L259 99.23 N89'06'34"E L260 48.55 N84'31'51"E L261 26.97 N82020'00"E L262 31.87 N79'46'40"E L263 28.56 N76'27'51"E L264 39.84 N70023'45"E L265 134.46 N70'48'11"E L266 79.02 N70-37'19"E PENINSULA ENGINEERING 2600 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105 PHONE: 239.4 .6 00 AX:2 9.261.1797 EMAIL: INFO P - G.CO WEBSITE: - O CET ER PR SIGNAL SU AND MAPPER, #LS5627 APRIL 4TH, 2023 DATE - CERTIFICATE OF AUTHORIZATION #LB- 8479 - NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR DIGITAL SEAL OF A FLORIDA LICENSED SUB.VEYOR AyD MAPEEB _ ll.A.b Packet Pg. 972 LINE TABLE LINE # LENGTH BEARING L267 29.70 N66'32'28"E L268 37.66 N57049'44"E L269 74.96 N53'21'57"E L270 148.87 N54024'59"E L271 203.54 N50050'35"E L272 33.52 N48043'53"E L273 31.67 N32023'52"E L274 133.18 N41037'27"W L275 149.32 N60004'16"W L276 570.03 N24037'19"E L277 101.66 N24'37'19"E L278 211.35 N23058'37"E L279 100.63 N27'45'05"E L280 129.90 N34051'48"E L281 119.58 N36'14'23"E L282 61.92 N39'15'14"E L283 96.80 N30037'48"E L284 136.09 N31'09'42"E L285 103.02 N31057'25"E L286 134.08 N32'39'03"E L287 53.34 N28'32'24"E L288 35.90 N31015'49"E L289 24.66 N36'52'12"E L290 22.74 N53049'13"E L291 46.43 N59'30'01"E L292 70.87 N58'16'35"E L293 48.85 N46049'06"E L294 66.58 N34'36'20"E L295 266.89 N36023'58"E L296 51.47 N35'28'00"E L297 48.08 N24013'40"E L298 62.60 N20029'50"E L299 44.54 N17'32'36"E L300 134.56 N11002'07"E L301 65.81 N9'20'41"E L302 32.16 N8'49'13"E L303 14.81 N2007'16"W L304 12.83 N19'58'59"W L305 20.87 N29055'53"W L306 56.96 N45'00'00"W L307 57.48 N48'51'56"W L308 28.31 N42038'48"W L309 35.86 N38'47'48"W L310 39.03 N43025'04"W L311 57.23 N49'30'49"W L312 162.01 N80005'04"W L313 353.26 870'27'37"W L314 180.21 S52004'25"W L315 105.62 S46015'33"N L316 71.07 S14006'59' L317 184.61 SOOOO'00"E L318 119.87 S33'22'39"W L319 123.51 S51050'44"W LINE TABLE LINE # LENGTH BEARING L320 181.00 S8048'01"W L321 159.70 S12032'13"W L322 178.41 S29005'58"W L323 92.39 S19'43'20"W L324 66.01 S6003'53"W L325 74.98 S33044'00"E L326 285.70 S35038'09"E L327 69.62 S36044'05"W L328 281.93 S37'56'14"W L329 127.67 S49'31'43"W L330 404.49 S80025'32"W L331 90.21 N87'54'54"W L332 88.26 N25'36'44"W L333 231.55 N12058'39"W L334 202.48 N6'53'41"W L335 136.55 N27013'10"W L336 232.85 N25'34'19"W L337 91.77 S65009'12"W L338 179.73 S62032'35"W L339 69.24 S40040'30"W L340 80.83 S25023'41"W L341 272.16 S7019'04"W L342 197.30 S24058'00"W L343 158.12 S19'11'56"W L344 220.40 S12044'34"W L345 274.18 S16008'12"W L346 97.07 S4'07'12"W L347 57.86 S24050'20"E L348 285.12 S71'3244"E L349 105.39 S23016'18"E L350 109.62 S55019'43"E L351 59.01 S61'47'13"E L352 218.94 S4"32'27"W L353 159.81 S62'48'36"W L354 380.23 S62'13'07"W L355 157.48 S65059'35"W L356 165.20 S65'59'35"W L357 288.59 N57018'14"W L358 112.69 N10'35'39"W L359 80.33 N34'10'37"W L360 84.44 N80029'31"W L361 168.78 S80'29'10"W L362 252.93 N24016'43"W L363 99.05 N36'32'15"W L364 54.78 N71040'01"W L365 60.37 S66047'19"W L366 371.87 S49053'20"W L367 127.06 S11'01'44"W L368 189.92 S8'23'02"W L369 355.01 S5003'18"W L370 74.28 S21'53'22"W L371 72.89 S87025'10"W L372 263.66 N88'34'25"W PENINSULA% ENGINEERING 2600 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105 PHONE: 239-403-6700 FAX: 239-261-1797 LINE TABLE LINE # LENGTH BEARING L373 353.73 N90'00'00"W L374 44.49 N16028'18"W L375 451.68 N5'27'34"E L376 140.12 N5027'37"E L377 128.19 N22049'53"E L378 178.94 N22'49'55"E L379 66.37 N61010'39"E L380 35.05 N57'25'33"E L381 208.44 N45031'06"E L382 34.88 N34034'40"E L383 39.38 NO'17'55"E L384 30.33 N18044'29"W L385 39.13 N44'51'02"W L386 36.45 N35026'57"E L387 191.26 N75'05'04"E L388 230.73 N78'18'20"E L389 47.70 N42017'55"E L390 270.74 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L432 99.84 S82026'39"E L433 48.56 N47'28'56"E L434 60.94 N4'55'26"E L435 375.66 N49003'46"W L436 267.92 N29'12'52"W L437 236.24 N32048'25"W L438 89.23 N23'08'48"W L439 161.39 N45'41'05"W L440 20.65 N45041'05"W L441 52.83 N18'40'52"W L442 10.20 N44049'05"W L443 1369.78 S89033'25"E L444 55.86 S15040'47"W L445 162.43 S15040'47"W L446 132.43 S15'40'47"W L447 457.86 S16009'12"W L448 464.54 S15043'04"W L449 189.54 S27027'09"W L450 141.16 S13'54'55"W L451 195.57 S6006'40"W L452 135.43 S1028'32"E L453 322.31 S35057'04"E L454 139.10 S54016'15"E L455 79.50 565037'02"E L456 59.55 587023'21"E L457 241.46 S66053'26"E L458 263.29 S64045'28"E L459 57.07 S7101847"E L460 50.51 S85007'33"E L461 75.18 N81005'07"E L462 63.88 N81'43'21"E L463 36.24 N84057'08"E L464 63.61 S86'25'39"E L465 262.28 S81031'21"E L466 273.99 S88008'03"E L467 327.79 N80058'13"E L468 252.22 N67'50'56"E L469 819.65 N81002'01"E L470 310.84 N81'42'41"E L471 80.72 S6503443"E L472 219.16 N89'59'47"E L473 41.19 N82042'28"E L474 138.72 N58002'38"E L475 91.38 N41'09'18"E L476 83.05 N73057'36"E L477 305.34 N84'51'58"E L478 343.90 N86038'43"E CLIENT, AVE MARIA ANNOTATION TABLE - 2 DRI LANDS, PART OF SECTIONS 4-9 AND 16-18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND SECTIONS 31-33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA DESCRIPTION: 04/04/2023 1 1" = 2000' 1 SK-01 C P-AMD-001 LINE TABLE LINE # LENGTH BEARING L479 503.72 N87'28'42"E L480 328.07 N88046'01"E L481 357.69 N37'30'20"E L482 149.51 N15032'08"E L483 261.44 N86055'36"E L484 576.59 N72'53'31"E L485 202.55 N50045'14"E L486 314.60 N87'14'14"E L487 143.08 S76038'32"E L488 1054-71 N89'4943"E L489 42.85 S75020'32"E L490 38.04 S41'43'41 "E L491 101.86 S59'44'48"E L492 71.89 S82056'38"E L493 68.87 N76'31'27"E L494 175.39 N60'32'45"E L495 41.23 N78018'10"E L496 257.27 N89'28'30"E L497 115.45 N004543"W L498 299.30 S89014'17"W L499 290.15 N004543"W L500 299.30 N89'14'17"E L501 47.28 S38039'29"E L502 37.76 S78'43'18"E L503 44.92 N80032'17"E L504 110.85 N53'09'40"E L505 88.72 N90000'00"E L506 155.87 S84'33'47"E L507 140.60 N86'59'22"E L508 47.28 N38039'42"E L509 46.70 N18026'02"E L510 295.75 N2051'45"E L511 89.60 N41'20'03"E L512 84.20 N37'52'30"E L513 89.85 N9031'36"E L514 734.49 N15'10'10"W L515 116.32 N2602TO4"W L516 96.37 N57'33'43"W L517 59.63 N82'53'13"W L518 79.88 S56'18'37"W L519 89.54 S48001'05"W L520 135.83 S45001'51"W L521 100.44 S7205348"W L522 81.33 N90'00'00"W L523 59.64 N82053'15"W L524 47.28 N38'39'31"W L525 76.03 N29003'20"W L526 148.69 N2050'47"W L527 70.05 N18'26'04"E L528 92.53 N28036'37"E L529 86.17 N31001'23"E L530 121.79 N14002'09"E L531 76.03 N29003'13"W PENINSULA ENGINEERING 2600 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105 PHONE: 239.4 .6 00 AX:2 9.261.1797 EMAIL: INFO P G.CO WEBSITE: WWW O LA CET ER PR SIONAL S V AND MAPPER, #LS5627 APRIL 4TH. 2023 DATE - CERTIFICATE OF AUTHORIZATION #LB- 9479 - NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR DIGITAL SEAL OF A FLORIDA LICENSED SURVEYOR ANDMAPPEB- ll.A.b S-AMAR-DRI-2021 Packet Pg. 973 LINE TABLE LINE# LENGTH BEARING L532 79.96 N56021'05"W L533 64.29 S81015'48"W L534 184.04 NO015'32"W L535 2566.51 N89044'28"E L536 1093.24 SO`15'32"E L537 493.24 N90000'00"W L538 935.87 SO000'00"E L539 382.14 SO`00'00"E L540 1103.68 S88054'13"W L541 30.10 N49008'39"W L542 87.47 N52025'53"W L543 117.26 N81055'03"W L544 5.28 N81055'03"W L545 104.92 S82048'45"W L546 102.02 S54036'59"W L547 91.45 S73019'36"W L548 112.51 SO`45'43"E L549 4.97 N82052'57"E L550 47.53 N5902648"E L551 12.36 N77036'27"E L552 16.45 S70055'29"E L553 748.88 S47041'12"E L554 46.63 S34006'49"E L555 615.15 S14016'24"E L556 160.53 N85059'44"E L557 110.60 N47006'44"E L558 460.96 N29011'18"E L559 67.16 N13056'57"E L560 142.69 N13056'57"E L561 160.84 N76019'41"E L562 107.89 N61043'54"E L563 21.78 N18058'36"E L564 226.22 N90000'00"E L565 370.37 SO`14'33"E L566 1537.82 S0014'33"E L567 2347.87 SO`22'10"E L568 210.23 N89029'01"E L569 200.00 SO`23'23"E L570 210.30 S89029'01"W L571 62.31 SO`22'10"E L572 2674.23 S0030'10"E L573 2684.53 SO`35'31"E L574 2610.24 S0038'11"E L575 199.67 SO`30'34"E L576 0.00 S4048'40"E L577 400.93 S4048'38"E L578 83.53 S5008'04"E L579 87.64 SO`29'16"E L580 1584.56 S0029'16"E L581 604.79 S89004'49"W L582 98.67 N47003'54"W L583 87.29 S52055'08"W L584 1 102.55 S6039'26"W LINE TABLE LINE # LENGTH BEARING L585 367.36 S71024'17"W L586 104.73 N19'54'41"W L587 251.09 N43005'38"W L588 79.58 N11004'29"E L589 66.56 N5051'31"W L590 33224 N48052'26"W L591 80.29 N74056'35"W L592 235.65 S74058'06"W L593 93.09 S51'40'42"W L594 241.50 S21053'05"W L595 341.17 S77021'09"W L596 79.49 S60048'05"W L597 265.68 N88009'54"W L598 1150.41 S89036'53"W L599 73.21 SO023'1 VIE L600 778.22 N89033'08"E L601 154.58 N87051'34"E L602 26.71 S85001'54"E L603 18.69 S68012'13"E L604 16.07 S59045'01"E L605 24.97 S13023'45"E L606 32.26 S14032'17"E L607 54.87 S18026'22"E L608 163.55 S17017'08"E L609 113.71 S44035'43"E L610 52.48 S75058'02"E L611 297.97 S89032'05"E L612 438.83 S89002'1 WE L613 526.94 N87050'09"E L614 399.99 N86037'19"E L615 107.20 N82052'37"E L616 219.10 N66029'15"E L617 148.78 N58023'57"E L618 140.57 N25028'09"E L619 43.08 N3048'64"E L620 261.44 N89030'04"E L621 438.34 SO059'01"E L622 229.85 S89056'52"E L623 1870.87 S0059'03"E L624 200.00 N89000'57"E L625 200.00 SO059'03"E L626 200.00 S89000'57"W L627 122.06 SO059'03"E L628 2017.98 S0055'59"E L629 200.00 N89004'01"E L630 228.23 S0055'59"E L631 100.00 S12'02'43"W L632 500.00 S88057'14"W L633 200.00 N1002'46"W L634 1881.86 S88057'14"W L635 200.00 S1002'46"E L636 96.22 S88057'14"W L637 103.78 S88'54'04"W PENINSULA N ENGINEERING 2600 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105 PHONE: 239-403-6700 FAX: 239-261-1797 LINE TABLE LINE # LENGTH BEARING L638 200.00 N1002'46'W L639 2309.42 S88054'04"W L640 200.20 S6034'56"E L641 247.15 S88054'44"W I ll.A.b I CURVE TABLE CURVE # LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH Cl 82.76 128.55 36053'11" N23030'23"E 81.34 C2 149.95 215.80 39048'43" N22002'37"E 146.95 C3 327.51 275.44 68007'37" N39053'35"W 308.56 C4 313.21 331.73 5400652" N9000Y00"W 301.71 C5 155.39 107.24 83001'31" S27009'30"W 142.15 C6 341.14 168.89 115044'01" S2901T23"W 286.03 C7 219.21 151.50 82054'07" S22050'28"W 200.58 C8 196.86 170.73 66004'00" S48032'34"E 186.14 C9 1924 142.45 7044'14" S89014'21"E 19.22 C10 17.14 14.00 70007'51" N5903T50"E 16.09 C11 334.86 272.48 70024'48" N6025'03"W 314.18 C12 184.60 573.36 18026'50" N5005952"W 183.80 C13 44.34 29.99 84041'37" N1704T30"W 40.41 C14 85.37 92.30 52059'46" S64059'43"E 82.36 C15 218.05 151.97 82012'30" S79036'25"E 199.82 C16 89.72 867.72 5055'28" N56019'36"E 89.68 C17 59.03 93.39 36012'54" N71028'19"E 58.05 C18 284.08 313.75 51052'43" N64001'44"E 274.48 C19 146.94 80.00 105014'13" S36056'19"E 127.14 C20 279.29 4128.07 3052'35" S1038'58"W 279.24 C21 227.68 3032.95 4018'04" S2039'36"E 227.63 C22 77.01 340.00 12058'40" S5033'23"W 76.85 C23 99.19 660.00 8036'40" S7'44'22"W 99.10 AVE MARIA ANNOTATION TABLE-3 DRI LANDS, PART OF SECTIONS 4-9 AND 16-18 TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND SECTIONS 31-33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA 04/04/2023 1 1" = 2000' 1 SK-01 D I P-AMD-001 PENINSULA ENGINEERING 2600 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105 PHONE: 239.4 .6 00 AX:2 9.261.1797 EMAIL: INFO P G.CO WEBSITE: WWW O LA CET ER PR SIONALSU AND MAPPER,#LS5627 APRIL 4TH, 2023 DATE - CERTIFICATE OF AUTHORIZATION #LB- 8479 - NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR DIGITAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER S-AMAR-DRI-20 Packet Pg. 974 DRAWING N. 11.A.b SRA CREDIT AGREEMENT EXHIBIT "B" T r Q Ave Maria Credit Agreement-r4.docx April 25, 2023 Pag Packet Pg. 975 a¢ a a a a a a i V N N o o o Im O r H Z l7 V O F 1=� L,j<` oFT c CL �Y IL N R oc C w o \ 07Z N A � H z w o u x lo --- wo , _ m 1 w o . of p~pw o. woAk tow;-T �o a �1 %01 m mo rel Q I 11.A.b SRA CREDIT AGREEMENT EXHIBIT "C" Land Use Summary T R �L C� C as Q 0 N O O O r N O N J d r Q Ave Maria Credit Agreement-r4.docx April 25, 2023 Pag Packet Pg. 977 11.A.b Table 1 Ave Maria Land Use Town 4,490 4,930 Acres* Residential 11,000 Units 6,8768, 550 Single Family** 4,242, 550 Multi Family** ALF 4-50-275 Units *!Goods and Services 690;0001,078,943 Sq. Ft. 9#ise 510,000 Sq. Ft. Hotel 400300 Rooms Civic, Governmental and Institutional 3-50-,900184,000 Sq. Ft. Mini -Warehouse 40,400 Sq. Ft. M 8d isat . 9ra" Light Industrial/Warehousing 609,098711,000 Sq. Ft. Public Use 4-,027 998 Acres University and Ancillary Uses 955.55 846 Acres (6,000 university students) Public School site (s) 47.7 Acres Community park in excess of requirement 244 54.6 Acres Fire Station 3.2 Acres Services District 47 Acres Total ca, 2? 5,928 Acres (') mini- warehouse use has been constructed in Town Center #3 Acreages include lakes and open space and are rounded to the nearest acre. * This acreage includes 417.7 acres of open space in excess of the required 35% included at the time of original SRA approval. This excess open space does not require the consumption of credits nor do these acres count toward the 4,000 asre maximum acreage for the town. ** May be adjusted by up to 10% for each dwelling type not to exceed 11,000 total units and subject to the trip cap. Pag Packet Pg. 978 a¢ a a a a a a a x o o N N m s o 3 Im o O r H Z l7 V O F c NoumOS3N 010 1181HX3 m a N N, > a L - o C o ¢ z w o - u x w ---- o o x � o w o V W LL� m J W lz w 62 of p� _ � m wo towoo ;-T o a 1 % Vf a le r o owM w,o 0 F--- ° mz a w W CL Q p iz w r uO w ° x, w m o x ° 0 AP a see rel m w a p ° w ° z x w�. p ° m w c 0a 0 0 G _x m =w o x qzii z o° _ O z o p x o W I EXHIBIT D TO RESOLUTION Executive Summary 11.A.b This Stewardship Receiving Area (SRA) Designation Application for Ave Maria is filed on behalf of Ave Maria Development, LLLP. Ave Maria will consist of Ave Maria University and The Town of Ave Maria. The cornerstone of Ave Maria will be the University, the first major Catholic university to be established in the United States in more than 40 years. The town area of Ave Maria is designed as a compact, walkable community around a town core which will contain as its landmark, an Oratory of distinctive architecture. In addition, there will be distinctive residential neighborhoods offering a variety of housing types and lifestyles. This SRA Designation Application, consists of 5027 5928 acres, 9-55 846+/- acres of which are dedicated to the University and 4072 5082 acres to the Town, including 72 152 acres for public use (47.7 acres of public school sites. 3.2 acres for fire station. 47 acres for Services District, and 2-3-8 54.6 acres in excess of requirement for community parks). Ave Maria University will support 6,000 students, and contains academic and administration buildings, student and administration housing, recreation, sports, and support facilities. The Town will contain a maximum of 11,000 dwelling units in a mix of residential unit types in the Town Center, and Neighborhood General context zones. Uses that provide the mix of services to, and are supportive of, the residents of The Town of Ave Maria and university will be mainly located in the Town Core and Town Centers. The Town Core, Town Centers, and Neighborhood Centers will provide a maximum of 690,000 square feet of gross leasable retail/service, 510,000 square feet of gross leasable office, 35,000 square feet of medical facilities, 350,000 square feet of gross civic uses, 600,000 square feet of light industrial/warehousing, 40,400 square feet of mini -warehouse and 400 hotel rooms. In addition, the town will provide public school sites, parks, golf courses, and other open space uses, while Ave Marie University will provide, in addition to the above facilities, private K-8 and high school. The maximum total daily trip generation for the SRA shall not exceed 4,320 two-way PM peak hour net external trips based on the use codes in the Institute of Transportation Engineers Trip Generation Manual in effect at the time of application for SDP/SDPA or subdivision plat approval. There are few undisturbed native vegetation areas within Ave Maria, and all vegetated areas are subject to ditches, berms, etc. Extensive areas of exotic monocultures (Brazilian pepper) exist across the site. The predominant agricultural land use is evidenced by the absence of any lands which score higher than 1.2 on the Natural Resources Index Map. The Natural Resources Index Assessment quantifies the acreage by land use and demonstrates consistency with the Suitability Criteria, as is seen from the open space percentages and the Applicant's commitment to provide access to Ave Maria from Oil Well Road and Camp Keais Road. This SRA Designation Application also provides the calculation of the required Credit Use to designate the Stewardship Receiving Area Revised 4/21/2023 The Town of Ave Maria Page 1 Packet Pg. 980 11.A.b Town, and demonstrates that the Town consumes 28,rv-v58.4 36,098.4 Stewardship Credits. The Impact Assessment Report and Economic Assessment Report demonstrate the self-sufficiency of Ave Maria as related to impacted County facilities. This Application contains the Ave Maria Town Plan (SRA Development Document) and Master Plan that set forth the allowable land uses and design standards for Ave Maria. Ave Maria eenstitutes a Development of Regional impact (DRI) PUFSHaRt te Chapter 380.06, FzIeFi Stewardship Receiving Area Revised 4/21/2023 The Town of Ave Maria Page 2 Packet Pg. 981 11.A.b 7. Credit Use and Reconciliation Analysis. This Credit Use and Reconciliation Analysis is submitted in order to track the transfer of credits from Stewardship Sending Areas (SSA) 1, 2, 3, 4, 5, aed-6, and 9 to the Town of Ave Maria SRA. The Analysis provides a summary table that identifies the exchange of all Stewardship Credits. 8. Preliminary SRA Credit Agreement. Finally, an SRA Credit Agreement for those Stewardship Credits needed in order to develop the SRA authorized development is provided. The Agreement sets forth the number of SSA credits the applicant is utilizing in order to implement the Ave Maria Town Plan as included in this application. The development parameters used throughout these applications are illustrated in different manners depending on the purpose of the particular analysis. Table 1 provides a summary of these parameters Table 1 Ave Maria Land Use Town 4,-M 4,930 Acres* Residential 11,000 Units 6,8768, 550 Single Family** 44,-242, 550 Multi Family** ALF 4-5 -275 Units *!Goods and Services 690,0091,078,943 Sq. Ft. Offiee 510,000 Sq. Ft. Hotel 499300 Rooms Civic, Governmental and Institutional a-5&,-999184,000 Sq. Ft. Mini -Warehouse (1) 40,400 Sq. Ft. Med ie-at 35,000 Sq. R. Amery Light Industrial/Warehousing 999;999711,000 Sq. Ft. Public Use 4-,02-7- 998 Acres University and Ancillary Uses 9 5.55 846 Acres (6,000 university students) Public School site (s) 47.7 Acres Community park in excess of requirement 2" 54.6 Acres Fire Station 3.2 Acres Services District 47 Acres Total &#N 5,928 Acres (1) mini- warehouse use has been constructed in Town Center #3 Acreages include lakes and open space and are rounded to the nearest acre. * This acreage includes 417.7 acres of open space in excess of the required 35% included at the time of original nal SRA approval. This excess open space does not require the consumption of credits nor do these acres count toward the 4,000 aGFe maximum acreage for the town. ** May be adjusted by up to 10% for each dwelling type not to exceed 11,000 total units and subject to the trip cap. Revised 4/21 /2023 Introductic The Town of Ave Maria Pag Packet Pg. 982 11.A.b Statement of Compliance The development of approximately 5,027 5,928 acres of property in Collier County as a Stewardship Receiving Area (SRA) known as the Town of Ave Maria will be in compliance with the goals, objectives and policies of the Rural Lands Stewardship Area Overlay District as set forth in the Future Land Use Element of the Collier County Growth Management based, in part, on the following reasons: 1. Improvements are planned to be in compliance with the applicable land development regulations of the Group 4 Policies of the Rural Lands Stewardship Area Overlay. 2. The projected gross density of 2-.2 1_9 units per acre is based on gross acreage and is in compliance with Policy 4.7 of the Rural Lands Stewardship Overlay of the Future Land Use Element. 3. The Town of Ave Maria SRA will not encroach into any Flowway Stewardship Area (FSA) or Habitat Stewardship Area (HSA), and the required buffer between the contiguous FSA and HSA will be provided as provided in Policies 4.8 and 4.13. 4. Development activities within the Town of Ave Maria SRA will not occur on lands that receive a Natural Resource Index value of greater than 1.2 as required in Policy 4.9. 5. Open space provided within the Town of Ave Maria SRA will meet or exceed the 35% open space provision as required by Policy 4.10. 6. The Town of Ave Maria SRA has direct access to Oil Well Road and Camp Keais Road as required by Policy 4.14. 7. The fiscal impact analysis performed for The Town of Ave Maria SRA indicates that the SRA will be fiscally positive to the Collier County as required by Policy 4.18 and LDC Section 4.08.07 L. 8. Public benefit uses including a site for two public schools, a private post secondary institution and ancillary uses, a fire station, public utilities, and acreage of community parks that exceed the required minimum acreage, will be included within the Town of Ave Maria SRA pursuant to Policy 4.20. The private K-12 school is a public benefit use under the ancillary uses to a private post secondary institution because it will be owned and operated by Ave Maria University and it is a use commonly found on public or private post secondary institution campuses. 9. Consistent with the terms of the Interlocal Agreement between Collier County and Ave Maria Stewardship Community District, all final development orders will be issued in accordance with the concurrency management system in effect at the time of final development order approval. Revised 4/21 /2023 Statement of Complianc The Town of Ave Maria Pag Packet Pg. 983 EXHIBIT E TO RESOLUTION 11.A.b Introduction This Ave Maria Town Plan sets forth the design standards for Ave Maria University and Ave Maria Town (herein after referred to as Ave Maria). The land that constitutes Ave Maria is specifically described in Appendix A and contains approximately 5927 5928 acres and is owned by Ave Maria Development, LLLP, AMULT, LLC, Ave Maria University, Inc., Thomas S. Monaghan Living Trust. Ave Maria is Ave Maria general location map located within the Rural Lands Stewardship Area Overlay District (RLSA) in eastern Collier County, Florida. The RLSA establishes stewardship principles and practices that address three public interests - protecting natural resources, ensuring agricultural viability, and promoting economic diversity while directing growth away from environmentally sensitive areas. Ave Maria is the first Stewardship Receiving Area designation in Collier County to utilize the sustainable principles set forth in the RLSA. It is located on land where ecological analysis provided within the Natural Resource Index Assessment indicates development suitability. Through the establishment of the first Stewardship Sending Areas (SSA) and Stewardship Receiving Area (SRA), Ave Maria promotes the three cornerstones of the RLSA. The model for Ave Maria is to both maintain the agricultural heritage and rural character of eastern Collier County and promote the economic viability and diversification in a self sustaining community. The vision is to bring the environmental beauty of Eastern Collier County together with the full educational experience and atmosphere created by a university town. The Ave Maria Town Plan defines a new development model for Collier County. The Plan is based on the principles of sustainability. One aspect of this Plan that differentiates it from other planned communities (in Florida and elsewhere) is the concurrent development of both a town and a major academic campus. Introduction Town Plan Revised 4/21/2023 The Town of Ave Maria Packet Pg. 984 11.A.b Ave Maria University (AMU) will be an academic center of international scope. It will be the first major new Catholic university to be founded in the United States in 40 years. The goal of AMU is to build a world class learning and living environment in the heart of rural Collier County. This University will provide SW Florida with greater academic economic opportunities, and will promote life-long education. The overall vision for AMU is to develop a self contained full-time campus. The campus included within this SRA will cover approximately 9W 846 acres (including lakes). Ave Maria will acquire 28,�T 36,098.4 Stewardship Credits from SSAs 1, 2, 3, 4, 51 aaA-6 and 9. These SSAs total 4 6,99917,838.2 acres, and are subject to Stewardship Easements which preserve natural resources and protect agricultural activities within these areas by removing the potential for future development. The calculated open space is an estimate based on preliminary planning of some future "neighborhoods." This acreage and the exact number of stewardship credits required to entitle the ultimate development will be subject to recalculation and finalization during the five year evaluation of this SRA. Any adjustments as to required number of credits (whether additional credits or return of credits) will be made as part of that review process. a U) �a •L �a d Q 0 N 0 0 0 N 0 N J IL 0 ti M 0 N Introduction Town Pla Revised 8/9/2022 The Town of Ave Maria Packet Pg. 985 11.A.b addition, the University includes a system of pedestrian ways for the use of pedestrians, bicyclists, emergency, and service vehicles, that will link to a community trail system connecting all major land uses. As shown on the Ave Maria Master Plan, Figure 1, this Ave Maria SRA includes approximately 5027 5928 acres. The Master Plan assigns approximately 4999 4930 acres of the site to the town and 4027 998 acres to public benefit uses, including the university and its ancillary uses, public schools, public utilities, a fire station, and community parks in excess W Y) of the requirement. Approximately 45 percent of the total town area is devoted to lakes and open space. R Ave Maria is organized into five distinct areas - the University District, the Town Core, three Town Centers, Q Neighborhood General, and the Services District. The Town Core, Town Centers and Neighborhood General are 0 N critical components common to a successful town design. These three areas are consistent with the Context Zones c 0 defined in the LDC Section 4.08.07. The University District and Services District are "Special Districts" as described r c N J in LDC Section 4.08.07. Distinct design principles and standards, specific to the uses within these districts, are a provided within this Town Plan. Each of the defined areas within Ave Maria is intended to support a mix of uses. 0 M LO N The specific mix of uses depends upon location, size, and site characteristics. In every case, the goal is to promote a diverse and successful community that provides neighborhoods that meet many lifestyle choices. The specific design standards applied to each of the areas included on the Master Plan are set forth in the Town Plan chapters that follow, including: University District, Town Core, Town Centers, Neighborhood General and Services District and Community General. Photographs included in this Town Plan are for illustrative purposes and do not establish or regulate design, architectural or landscape standards. Architectural standards for Ave Maria will be in accordance with LDC Section 4.08.00. Landscape design within Ave Maria will complement the architecture and support the mixed use, pedestrian oriented environment. For these reasons, Ave Maria shall be exempt from LDC Section 4.06.03 and 4.06.01. Landscape maintenance standards will be provided at the time of Site Development Plan (SDP) review. If during the course of Site Development Plan or Plat review unique features of the land or unique project design or special circumstances associated with the land arise and preclude the applicant from meeting any of the remaining applicable requirements of the LDC, the applicant may submit an alternative design which shall be reviewed and approved provided the Zoning Director makes a determination that the intent of the code is being met. Landscape design standards specific to each area within the Master Plan are provided herein. Overview and Master PI Town Piano Revised 4/21/2023 The Town of Ave Maria Packet Pg. 986 11.A.b University District Key Features: 6,000 Students Academics Sports and Recreation Student Housing Golf Course K-12 School Artist rendering of AMU library. The Ave Maria University program includes campus related academic, administration, and support facilities, various religious facilities such as chapels and spiritual places for worship, institutional foundations, indoor recreation and athletic complexes, areas for golf, outdoor recreation and sporting events, student housing, dining facilities, exhibition and conference facilities, faculty/staff housing, entertainment venues, Christmas light show, and golf course. Ave Maria University will provide the opportunity for intercollegiate and active athletic facilities in SW Florida. The Town will share access to selected University related sports facilities, sports fields, athletic training equipment, and sports programs. In addition, specific events will be created to attract and foster family interaction within the broader community, such as unique exhibition hall events, 4-H Club activities, a petting zoo, and many other civic and cultural events. Pedestrian ways link the town and University District uses and provide safe and comfortable access for students and faculty, as well as access for service and emergency vehicle University Disti Introduct Town Pianj Revised 4/21/2023 The Town of Ave Maria Packet Pg. 987 11.A.b The design guidelines for specific types of uses within the University District are provided on the following pages. The University design was guided by a "planning grid system" that promotes a compact, walkable campus. The typical grid sector dimensions are 350 Ft. by 700 Ft.. The planning grid was rotated and translated to the Florida State Plane Coordinate System, Florida East Zone 83/90 adjustment. Survey monuments are located at control points "A" and "B". All University building locations will be sited in specific relation to a surveyed baseline grid. Building setbacks will be measured from the grid line with survey locations provided during the site development plan process. Where buildings and sports fields are of a size that they occupy more than one grid square, the internal grid lines become non -applicable and the perimeter grid lines control. The planning grid system does not apply to the university golf course and associated benefactor housing. r, ar �E LOCATION'. W11,0 N 720063.5568 r, d E 507990.2779 n �1 4 Nor1h1South Axis Cal Ea! B„ "A VV11 WN VV9 VVh VYI VVb VVb VV4 W3 Wl VV1 t1 U i E4 i 9 350' Gritl Lines. Typical 350' Grid Lines. Typical 20V 98 v6 v4 V2 ter Line Mast Axis LOCATION: E5,0 N 720300.6507 E 5133352412 32 T R �L C� C m Q 0 N 0 0 0 r N 0 N J d 00 M University Disti Introduct Town Planl Revised 4/21/2023 The Town of Ave Maria Packet Pg. 988 11.A.b Campus Housing Permitted Uses: Student housing for 6,000 students, a maximum of te+n 160 single family residences (for use by staff, faculty, AMU Founders or benefactors), chapels, utility structures, central heating, cooling plants, swimming pools, barracks camp, dining halls, bed and breakfast, fraternity and sorority housing, youth hostel, convents, monasteries, group housing for religious order, which could include up to 35 residential units housing priests, nuns, and other religious order personnel supporting the university, day care center, family day care home, a maximum of twenty guest lodging units and their related accessory structures (for use by the university and university affiliates) and other uses typically found on a university campus. Campus housing, as defined here as permitted uses, are exclusive of the total number of residential units allowed in Ave Maria, with the exception of any single family residences associated with the golf course. Planning Grid: Typical Grid Dimensions: 350' x 700' F.A.R. (Floor/ Sector Area Ratio): 2 Grid Maximum Height: 4 Stories Minimum Dimension Between Buildings: 30'-0" 700' Section "A": Typical Building Section Oriel Line � n I Min i Section "B": Typical Building Relationship with Grid Line r rwawinhii, w%ay N d Refer to Sec40n -IV f . qY 'gefw t4 Section. a" Typical Sector Grid- Housing Clusters s ssa=,�s r4rA� Section "C": Typical Building Relationship Inside Sector Setbacks: 20' to Sector Grids; 0' to Arc Road right-of-way Note: The following components are not subject to setbacks: pergola, signage, site furnishings, utility enclosures, hard- scape elements, signs, and single family residences associated with the golf course which are subject to the setbacks f Medium Single -Family Detached Front- or Side -Loaded Lots (Pg 116-117). University Disti Campus Hous Town Planl Revised 4/21/2023 The Town of Ave Maria Packet Pg. 989 11.A.b Private School Front setback: 10 Ft. Side setback: 25 Ft. Rear setback: 25 Ft. Height: 312 Stories FAR: 1 Parking Requirements: 5 off-street parking spaces per 4 staff/faculty Encroachments: Porches, stoops, chimneys, bay windows, canopies, balconies and overhangs may encroach into the setbacks. Steps shall not be considered to be an encroachment. The minimum distance between buildings shall be 10 Ft. Allowable encroachments are an exception to this requirement. Landscape: Minimum of 100 Sq. Ft. of shrub plantings per 2,000 Sq. Ft. of building footprint, and one tree per 4,000 Sq. Ft. of lot area, inclusive of street trees, and a minimum caliper of 112". Minimum of turf grass for the remainder of the property. Plantings shall be in planting areas, raised planters, or planter boxes. Street trees and minimum parking lot planting applies. University Disti Private Sch Town Plan Revised 4/21/2023 The Town of Ave Maria Packet Pg. 990 11.A.b Town Core Key Features: Ave Maria Oratory Civic Center Shared -use buildings The Town Core is connected to the University by the extension of the University Green and the Ave Maria Oratory. It is the focal part of town, establishing the "municipal' place of Ave Maria. The building placement, streetscape, hardscape, lighting, site furnishings The Town Core provides shopping and other uses and landscape plantings reflect the structure and organization of a civic downtown. Broad sidewalks extend from the face of building to the curb line, trees line the streets, benches and newspaper vending are available between street trees. A mix of retail, office, civic, light industrial, institutional and residential uses are integrated throughout the Town Core to create a walkable community. Buildings are encouraged to be built to the right-of-way line to create a continuous street facade. Blocks within the Town Core are Shared use buildings provide a mix of uses within the Town Core Town Cc Introduct Town Plan Revised 4/21/2023 The Town of Ave Maria Packet Pg. 991 11.A.b Town Center 1 Key Features: Main Street Shared -use buildings Residential The Town Center 1 is the extension of Main Street moving east from the Town Core and the Oratory Plaza. As the Town Core is the civic center of town, the Town Center is the place where offices, retail shops and residential units mix Pedestrian Plaza and energize the area. The focus is linear with a strong emphasis on pedestrian orientation. Main Street, a long straight space open at both ends, is surrounded by retail store fronts. This plan addresses the scale and massing of buildings and the character of the pedestrian experience. Buildings are encouraged to be built to the right-of-way line to create a continuous street facade. Building density is lower in Town Center 1 than in the Town Core, and blocks within Town Center 1 are also lined with buildings and street trees to create street corridors. Buildings front onto streets with off-street parking located behind the building. Most Town Center streets support two-way traffic and on street parking on both sides of the street. Sidewalks are wide to encourage pedestrian movement and are separated from the street by a planting zone. Building Common Main Street Design Town Cente 2 m Q 0 N O O 0 N O N J d co I'- m LO N Introduct Town Plan Revised 4/21/2023 The Town of Ave Maria Packet Pg. 992 11.A.b Town Center 2 and 3 Key Features: Mixed Use Shopping Employment Wellness Residential Town Centers 2 and 3 will provide a diversity of opportunities for a variety of businesses. Retail, service, residential and employment opportunities will be abundant. In Town Centers 2 and 3 businesses will feel they are part of a real and growing town - one that combines all the benefits of a quiet, close-knit neighborhood with the enriching environment of a major university. A wide variety of shopping needs will be met through local, national and regionally recognized stores. In short, Town Centers 2 and 3 will provide residents opportunities to find everything they need in close proximity to their homes. Streets and drives in Town Centers 2 and 3 will maintain the pedestrian quality found throughout Ave Maria. Tree lined sidewalks will provide a buffer and shade to those walking within the Town Centers. The photographs, graphics, and diagrams are schematic and do not represent any actual pictures, designs, product Pedestrian shading from buildings and canopy i T 2 m Q 0 N O O 0 N O N J d O I'- m LO N Town Center 2 F Introduct Town Plan Revised 4/21/2023 The Town of Ave Maria Packet Pg. 993 11.A.b Neighborhood General Key Features: Mixed Use Shopping Employment Wellness Residential Neighborhood Park A broad mix of residential lot sizes and housing types anchor the Neighborhood General. Each neighborhood is characterized by a distinctive and consistent architectural design, and a community focus element. Neighborhood centers, parks and plazas are places where people will meet in formal or informal situations. The location of such facilities where people can cross paths is a key to a sense of neighborliness. Each neighborhood may contain an appropriately scaled center of neighborhood related goods and services including small workplaces, civic/institutional, and neighborhood retail and offi Neighborhoods are planned in close proximity to town centers, schools and community parks to encourage pedestrian activity. The neighborhood streetscapes are designed to support a walkable environment, with sidewalks separated from the street by a planting zone. There is a hierarchy in the Town with regard to commercial uses, from Town Core to the Town Centers to the Neighborhood Centers to Local Neighborhood Goods and Services. Neighborhood Centers may be relatively large and are centrally located within neighborhoods to encourage interaction. These will house facilities such as fitness and recreation centers, clubhouses, limited retail, office Neighborhood Gene Introduct Town Plan Revised 4/21/2023 The Town of Ave Maria Packet Pg. 994 OAV LVOZ000LZOZld SL£SZ) £Z-9Z-ti uoi;nioseN VMS eiaew OAV posodoad-d;u8W43e;;d :luOwLpelly — o 0 N O O � N Yf � Y Q LO rn 01 6 a m u m a 11.A.b Public Schools Min. Front Setback: • 0 Ft. for principal structures • 10 Ft. for athletic fields and courts • 20 Ft. for sports field light poles, scoreboards, grandstands and bleachers Min. Rear Setback: 20 Ft. for primary structures and 5 Ft. for accessory structures. Max. Building Height: 3'/z Stories Max. Accessory Architectural Features: 55 Ft. above ground level Parking: • Minimum 5 spaces per 4 staff/faculty • Parking may be provided on -street or off-street • No additional parking spaces are required for individual uses not specifically defined above. Loading and Refuse: • Loading docks, solid waste facilities, recycling facilities and other service elements shall be places to the rear or side yard of the building in visually unobtrusive locations with minimum impacts on view. • Refuse containers and facilities shall be hidden by an opaque wall or fencing of sufficient height to screen the bin and any appurtenances, but no less than 5 Ft. in height, chain link fencing is not acceptable. Walls shall be constructed of a material compatible with the principal structure it is serving. Enclosures shall include opaque gates. Trash containers serving non-residential uses shall not be located abutting residential property. • Service area recesses in the building and/or Neighborhood Gene Public Schc Town Plan Revised 4/21/2023 The Town of Ave Maria Packet Pg. 996 11.A.b Neighborhood Centers Neighborhood Centers provide a central location for neighborhood facilities such as a clubhouse, fitness and recreation uses, and limited retail, restaurants, office and institutional uses. Neighborhood Centers have specific non-residential permitted uses that have been identified in Appendix C. The general locations of proposed large scale Neighborhood Centers within the Town of Ave Maria are illustrated in the graphic below. The locations of these proposed centers can be adjusted during the Site Development Planning process, provided all criteria applicable to Neighborhood Centers are met. Neighborhood Centers shall meet the following locational/maximum square footage criteria: 1. Centrally located within a neighborhood 2. 1/4 mile separation from another Neighborhood Center 3. Maximum square footage per retail or office use is 5,000, and a total maximum of 25,000 Sq. Ft. of retail and office. Total Neighborhood Center square footage allowed is 75,000 per location. Min. Front Setback: 0 Ft. Min. Side Setback: 10 Ft. Min. Rear Setback: 20 Ft. for primary structures and 0 Ft. for accessory structures Max. Building Height: 3'/z Stories Max. Accessory Height Architectural Features: 60 Ft. above ground level Parking: • There shall be one on -street or off-street parking space for each 400 Sq. Ft. of floor area. On -street parking must be provided along the lot street frontage. Neighborhood Centers Loading and Refuse: • Loading docks, solid waste facilities, recycling facilities and other service elements shall be Neighborhood Gene rhood Cent Town P T R �L m Q 0 N O 0 0 r N 0 N J d 0 M LO N Revised 4/21/2023 The Town of Ave Maria Page 126 Packet Pg. 997 11.A.b Neighborhood Goods and Service Uses Neighborhood goods and services are intended to enhance the pedestrian atmosphere of Ave Maria by locating small commercial and office uses within neighborhoods in close proximity to the residents. Uses allowed in these locations are defined in Appendix C. Potential neighborhood goods and services, as illustrated below, must meet the following locational/maximum square footage criteria: N R 1. Located at an intersection corner. Mid -block locations are not allowed. 2. Alley loaded site is required for restaurants, grocery stores and convenience stores. Q 3. 1,000 Ft. general separation between locations as measured along street frontage at R/W line. 0 N 4. Maximum square footage per retail or office use is 3,000. Total neighborhood goods and services square o 0 r footage allowed is 15,000 per location. Civic and Institutional uses are not subject to maximum 3,000 Sa. Ft. N J Der use but are subiect to the maximum 15.000 Sa. Ft. Der location. a 0 Min. Lot Area: No less than the min. lot area of the smallest adjacent lots Min. lot width at front setback: No less than '' M the smallest of the adjacent lots Min. Lot Depth: 100 Ft. Min. Front Yard Setback: Equal to the smallest of the Front Yard Setbacks of the adjacent lots Min. Side Setback: 10 Ft. min. Min. Corner Side Yard Setback: Equal to the contiguous side or front setback of the adjacent corner lot Min. Rear Yard Setback: 20 Ft. for primary structures or 5 Ft. for garages (attached or • L detached)/accessorydetached)/accessory structures. I� Maximum Height: 3'/z Stories Parking: There shall be one on -street or off- PotentialGmd%& Services Locatio... street parking space (inclusive; Neighborhood Gene Neighborhood Goods and Services U: Town P Revised 4/21/2023 The Town of Ave Maria Page 132 Packet Pg. 998 11.A.b Services District Key Features: Utility Services The Services District is a special district within Ave Maria. This District is located away from the central community in order to maintain the necessary security and compatibility for the types of uses permitted within the District. Particular attention has been given to the security measures necessary to protect the utility uses within the Services District. This section of the Town Plan addresses design standards related to the Services District, stormwater management lakes, streets, open space and parks. Land Uses Uses in this district will provide for the essential services and other community uses for Ave Maria. The detailed list of uses is included on the Ave Maria Permitted Use Matrix, Appendix C. Lot Sizes Minimum lot width: None Minimum lot area: None Lighting: Lighting shall be limited to the amount and intensity necessary for safety and security of the District uses. All exterior lighting within 50 Ft. of the District perimeter shall be full cut-off fixtures with the light source fully shielded. Parking: Minimum of one space per 500 Sq. Ft. of administrative office and minimum of one space per employee of largest work shift. Setbacks Minimum setback from District perimeter: 25 Ft. for primary structure, 10 Ft. for accessory structures. Minimum distance between buildings: Per all applicable fire codes. Services Disti T R �L m Q 0 N O O 0 r N O N J d 0 M LO N Key Featu Town Plan Revised 4/21/2023 The Town of Ave Maria Packet Pg. 999 11.A.b Resource Parks Resource Parks are spaces that are designed to enhance wetland edges and upland habitats. Resource Parks add value for the community as public green space. They are intended to be enjoyed through observation and interaction with nature, leading to increased awareness through interpretive educational signage. Amenities include boardwalks, site furnishings and signage. Community Parks Community park with playground shaded by a canopy of trees Active Community Parks are designed to accommodate a range of programmed outdoor activities. A designated space for athletic fields/courts, suitable for team sports leagues. Facilities may include field boundary markings and fencing, tennis courts, swimming pools and water activities, playgrounds, softball backstops, concession stands, indoor recreation and meeting space and offices, equipment storage facilities, and lighting. Design Standards For All Parks: Parks shall be designed to meet the following standards. Min. Front Setback: • 0 Ft. for principal structures • 10 Ft. for accessory structures • 5 Ft. for all incidental structures • 20 Ft. for sports field light poles • Refer to Community General Accessory/Incidental Structures section for additional standards. Min. Rear Setback: 20 Ft. for primary structures and 5 Ft. for accessory structures. Community Gene Parks — General Design Standa Town P 2 m Q 0 N O O O N CO N J d CO ti M LO N Revised 4/21/2023 The Town of Ave Maria Page 170 Packet Pg. 1000 4- oAV 6bOZ0MMZld BL£9Z) CZ-9Z-b uoilniosoll VMS eiaew oAV posodoad-V luouayoeUv :;uouayoeI;d U0 v ru �> C v On H !lam 1 17 AAr- -1 1 e v o a_ ©Z v 3 Aoa�m A5q'o A� o H 9o9p �v�wz 11.A.b EXHIBIT F TO RESOLUTION TOWN OF TOWN OF AVE MARIA SRA AMENDMENT NATURAL RESOURCE INDEX ASSESSMENT April 2022 Revised August 2022 Prepared For: Barron Collier Partnership, LLLP AMULT, LLC Ave Maria Stewardship Community District CC Ave Maria Estates, LLC Prepared By: Peninsula Engineering, Inc. 2600 Golden Gate Parkway Naples, Florida 34105 (239) 403-6700 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pa Packet Pg. 1002 11.A.b TABLE OF CONTENTS Page 1.0 Introduction......................................................................................................................... I 2.0 NRI Assessment Methodology & Datasets......................................................................... 2 2.1 Stewardship Overlay Designation........................................................................... 3 2.2 Proximity.................................................................................................................4 2.3 Listed Species Habitat............................................................................................. 4 2.4 Soils/Surface Water................................................................................................ 5 2.5 Restoration Potential............................................................................................... 5 2.6 Land Use/Land Cover............................................................................................. 5 3.0 NRI Assessment.................................................................................................................. 5 3.1 Stewardship Overlay Designation........................................................................... 5 3.2 Proximity.................................................................................................................6 3.3 Listed Species Habitat............................................................................................. 6 3.4 Soils/Surface Water................................................................................................ 6 3.5 Restoration Potential............................................................................................... 6 3.6 Land Use/Land Cover............................................................................................. 7 3.7 Final Assessment Result......................................................................................... 7 4.0 NRI Results Summary........................................................................................................ 7 i T �L as Q 0 N 0 0 0 r N 0 N J d 00 M LO N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pa Packet Pg. 1003 11.A.b LIST OF TABLES Page Table 1. Spatial Datasets Used in the Town of Town of Ave Maria SRA AmendmentNRI Assessment............................................................................... 3 ii P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pa Packet Pg. 1004 11.A.b LIST OF EXHIBITS Page Exhibit 1. Project Location Map.........................................................................................8 Exhibit 2. 2021 and 2004 Aerials with Boundary...............................................................10 Exhibit 3. Aerial with Stewardship Overlay.......................................................................17 Exhibit 4. Aerial with FLUCCS Map.......................................................................21 Exhibit 5. Documented Listed Species Locations (2022 Surveys) .............................25 Exhibit6. Soils Map...........................................................................................................29 Exhibit 7. Stewardship Overlay Designation......................................................................33 Exhibit 8. Proximity Index.................................................................................................40 Exhibit 9. Listed Species Habitat Index.............................................................................47 Exhibit 10. Soils/Surface Water Index.................................................................................54 Exhibit 11. Land Use/Land Cover Index..............................................................................61 Exhibit 12. Final NRI Assessment........................................................................................68 Exhibit 13. SRA Natural Resource Index Values.................................................................75 iii Cn Ag L M 2 as a 0 N O O 0 T- N O N J a 00 ti M u� N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pa Packet Pg. 1005 11.A.b 1.0 INTRODUCTION This Natural Resource Index (NRI) Assessment Report (Assessment) documents the environmental conditions and NRI scores within the Town of Ave Maria SRA Amendment (Project) and demonstrates that Town of Ave Maria SRA Amendment meets the Suitability Criteria contained in Section 4.08.07.A.1 of the adopted Collier County Land Development Code (LDC) amendments. This Assessment is submitted in support of the Rural Lands Stewardship Area (RLSA) Overlay District Stewardship Receiving Area (SRA) Designation Application on behalf of Barron Collier Partnership, LLLP; AMULT, LLC; Ave Maria Stewardship Community District; and CC Ave Maria Estates, LLC. This Assessment is consistent with the requirements of the RLSA Zoning Overlay District, Collier County LDC, Section 4.08.00. This NRI Assessment includes the following: • Identification of the acreage of agriculture and non -agriculture lands, by type, included within the SRA. • A summary of the refined and updated data incorporated into the Town of Ave Maria SRA Amendment NRI model. • A summary analysis and verification of the NRI scores. • Identification of the acreage of lands, by type, within the SRA that have an NRI value greater than 1.2. • An analysis of how the Town of Ave Maria SRA Amendment NRI scores compare to those in the original Baseline model. • Demonstrates compliance with the Suitability Criteria contained in Section 4.08.07.A. I This SRA Designation Application involves the expansion of the Ave Maria SRA to include three adjoining parcels encompassing 325.7 acres to the northwest of Ave Maria, 105.9 acres to the northeast of Ave Maria, and 520.2 acres to the southeast of Ave Maria. The additions are located in Sections 28, 30, 31, and 33, Township 47 South, Range 29 East, and Section 16, Township 48 South, Range 29 East, Collier County (Exhibit 1). The location and extent of the Town of Ave Maria SRA, plus the three expansion areas is indicated on Exhibit 2. With the exception of three ditch crossings that are designated as Water Retention Area (WRA), the SRA expansion areas are located within lands designated as "Open" on the adopted RLSA Stewardship Map and do not encroach into any Flow -Way Stewardship Area (FSA) or Habitat Stewardship Area (HSA) lands, as illustrated in Exhibit 3. The lands encompassed by the Town of Ave Maria SRA Amendment are not within the Area of Critical State Concern (ACSC). The subject properties are currently dedicated to active agricultural activities (i.e., row crops and supporting infrastructure, sod production, and improved pasture). The sod farm parcel includes portions of five isolated forested cypress areas. The acreages of these agriculture land uses on the Project site are depicted in Exhibit 4. Listed species data from Florida Fish and Wildlife Conservation Commission indicates no occurrences of Florida panther (Puma concolor corgi) telemetry points within the SRA Amendment boundaries. P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pa Packet Pg. 1006 11.A.b 2.0 NRI ASSESSMENT METHODOLOGY & DATA SETS The NRI Assessment is a Geographic Information Systems (GIS) analysis where resource values are calculated for every acre in the study area using a raster model. The raster model uses one - acre grid cells that receive a score value based on each of the six NRI Factors as defined in section 4.08.01 of the LDC. Baseline NRI values were assigned during the original Collier County RLSA Assessment Study to establish the Baseline conditions. This NRI Assessment includes documentation that refines the NRI Factors from the original study using updated data. Of the six NRI Factors on the Stewardship Credit Worksheet, two factors (i.e., Land Use -Land Cover and Listed Species Habitat) are the most prone to change over time and require mapping refinement. In preparing the assessment, Peninsula Engineering (PE) obtained updated data sets, where available, to be included in the model. Table 1 depicts the data sets used for each of the NRI Factors and indicates where data has been updated from the Baseline model. 2 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pa Packet Pg. 1007 11.A.b Table 1. Spatial Data Sets Used in the Town of Ave Maria SRA Amendment NRI Assessment Model Natural Resource Model Input GIS Data Set Source Date' Index Factors Stewardship Collier County Collier County Overlay Stewardship Stewardship Areas Collier County 2021 Designation Areas Collier County Collier County Stewardship Stewardship Areas Collier County 2021 Areas Proximity Conservation Collier Collier County 2021 Preserve Land Florida Managed Areas FNAI 2021 Florida Panther FWC 2021 Telemetry Wading Bird FWC 2019 Documented Listed Species Listed Species Rookeries Listed Species & Habitat Species -Specific PE 2022 Survey Results Habitat Type FLUCCS PE 2022 Soils/Surface Water Soils Soil Survey of Collier USDA-NRCS 2022* County Restoration N/A N/A N/A N/A Potential Land Use/Land Land Cover FLUCCS PE 2022 Cover FLUCCS — Florida Land Use, Cover and Forms Classification System FNAI — Florida Natural Areas Inventory FWC — Florida Fish and Wildlife Conservation Commission USDA-NRCS — United States Department of Agriculture Natural Resources Conservation Service 'Years in bold indicate updated data set * Data from Baseline assessment. Provided by Collier County. 2.1 Stewardship Overlay Designation As part of the establishment of the RLSA, the stewardship overlay was established to designate land within the RLSA as FSA, HSA, WRA, or Open. Exhibit 3 illustrates the FSA/HSA/WRA boundaries that were established during development of the RLSA program. The WRA, HSA, and FSA areas, obtained from the Collier County GIS data, were used as the basis to establish the boundary of the proposed SRA amendment, so with the exception of three crossings of linear WRA ditches, the FSA, HSA, and WRA- designated areas do not extend into the SRA amendment where they shared a common boundary. 3 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pa Packet Pg. 1008 11.A.b 2.2 Proximity The Proximity Index Factor also utilizes the Collier County Stewardship Areas. The same dataset used for the Stewardship Overlay Designation Index Factor was used for the Proximity Index. In addition, the Conservation Collier and Florida Managed Areas datasets were used to determine the proximity of private or public preserve land. 2.3 Listed Species Habitat The Listed Species Habitat Index values are based on the intersection of documented listed species observations and land cover that is identified as preferred or tolerated by that species. The Baseline model used Land Use -Land Cover (LULC) mapping from the Stage 1 Report, as illustrated and provided in: https:Hstantec.maps.arcgis.com/gpps/webgppviewer/index.html?id=c l f8l a5455eb4de59f facdfd41bc0f4b. It appeared that LULC mapping in the Stage 1 Report did not use the 1995 SFWMD FLUCCS mapping, verbatim, and amended it to more closely reflect conditions that were current at that time. As such, to recreate the Baseline Listed Species Habitat scoring for the Town of Ave Maria SRA Amendment NRI Report, the Stage 1 Report FLUCCS map was digitized and scored per the model. While this Baseline mapping was generally accurate, ground-truthing by PE in 2022 refined the information to reflect present-day project -scale mapping to support this application. In short, the extent and type of agricultural operation that existed in 2002 remained consistent over time. However, there are differences between Baseline FLUCCS mapping and current conditions that are largely notable around the project periphery and attributable to the difference in scale between region -wide and project - specific FLUCCS mapping. Exhibits 2A, 2B, and 2C illustrate the land use in 2021 and the land use in 2004 (shortly following Baseline land use modeling) reflecting land use consistency over time. The Documented Listed Species datasets were updated to include current listed species occurrence data, and current Florida panther telemetry as obtained from the Florida Fish and Wildlife Conservation Commission. The panther telemetry data obtained from FWC appeared to reflect data points that were shifted approximately 675' north and 150' east of the same data points from the Baseline modeling illustrated in the Stage 1 Report. As a result of this data point shift to the north and east, re-creation of the Baseline scoring included in the Town of Ave Maria SRA Amendment NRI Report generated a different Baseline scoring matrix than was contained in the Stage 1 Report. To objectively apply the model to the data, as a comparison between Baseline and current conditions, the panther telemetry data base obtained from FWC in 2022 was used to generate both the Baseline (1981-2002) and current condition (1981-2021) scores for the Listed Species Habitat index illustrated in the Town of Ave Maria SRA Amendment NRI report. In addition to panther telemetry, the results of listed species surveys conducted by PE in 2022 were incorporated to the assessment. A map of the updated listed species occurrences, listed species records, and Florida panther telemetry points, is provided as Exhibit 5. 4 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pa Packet Pg. 1009 11.A.b 2.4 Soils/Surface Water The U.S. Department of Agriculture Natural Resources Conservation Services (USDA- NRCS) published a hard copy soils map in 1998 for Collier County entitled Soil Survey of Collier County Area, Florida. The hard copy map was updated to digital form and is now available at https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. The RLSA Program was being developed at the time when the soils map was being transcribed from hard copy form to digital form. The soils map that served as the basis of the Baseline model was a map that very closely reflected the hard copy map, but it had slight differences that could affect NRI scoring. Since the soils underlying the NRCS mapping have not physically changed within the limits of the Town of Ave Maria SRA Amendment between the initiation of the RLSA Program and present day, the soils map used in the Baseline model was also used in the current condition model. The soils map is provided in Exhibit 6. 2.5 Restoration Potential Restoration Potential is one of the six NRI factors in an NRI Assessment. However, this index factor is assigned only during an SSA designation process if appropriate and was not assessed in the Baseline model. As this application and NRI Assessment is for an SRA, this NRI Factor was not incorporated into the Town of Ave Maria SRA Amendment NRI Assessment. 2.6 Land Use/Land Cover As mentioned in Section 2.3, the updated FLUCCS mapping conducted by PE was utilized for the Land Cover and Listed Species Habitat data sets in this Town of Ave Maria SRA Amendment NRI Assessment. 3.0 NRI ASSESSMENT The following section summarizes the results of the Town of Ave Maria SRA Amendment NRI Assessment and analyzes how the results of this assessment compare to that of the Baseline assessment results from the Collier County RLSA Assessment Study. It is worth noting that while the Town of Ave Maria SRA Amendment NRI Assessment was conducted for the proposed SRA boundary, the Baseline assessment was conducted for the entire RLSA area. Due to the way the six factors are applied and scored, and since the on -site and off -site environmental and land use parameters between Baseline conditions and present day have not meaningfully changed, there are few realized changes in scoring. 3.1 Stewardship Overlay Designation In the assessment for the Town of Ave Maria SRA Amendment, there are no lands designated as FSA, HSA, or ACSC within the Project. There are, however, three proposed roadway entrances to the SRA addition lands that cross ditched or piped portions of existing WRAs. By design, several WRA basins, designated during development of the RLSA program, required linear ditched/piped conveyance between the WRA's and where the WRA's discharge to larger natural slough systems in the P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pa Packet Pg. 1010 11.A.b region. It is these ditched conveyances that are proposed to be crossed in order to provide access to the additions to the SRA. Although the ditched/piped portions of the WRAs fell within the project limits, because the WRA extents at those locations were thin and linear, the grid cell centroids physically fell outside the limits of the WRA and the crossings of the WRA's received a score of 0 - as did the remainder of the SRA addition lands for this NRI Factor (Exhibits 7A). This matches the scoring for this area in the Baseline assessment (Exhibits 713). 3.2 Proximity For the Proximity Index, the Town of Ave Maria SRA Amendment boundary is within 300 feet of four HSA's and one FSA along the western boundary of Area A. Grid cells that were within the 300-foot distance from the HSA and FSA scored 0.3; the remainder of the Town of Ave Maria SRA Amendment scored 0 (Exhibits 8A). These scores are supported by the Baseline assessment (Exhibits 8B) since the SSA boundary had not changed in the interim. 3.3 Listed Species Habitat During the 2022 listed species surveys, a small number of alligators and listed wading birds were observed foraging within on -site agricultural ditches, no panther telemetry was located within the Project boundary, and no other listed species were confirmed using the three addition lands. The agricultural fields and ditches are not considered preferred and tolerated for the panther, alligator, or the observed wading birds. As such, the Listed Species Habitat Index for Town of Ave Maria SRA Amendment scored 0 (Exhibits 9A). In the Baseline assessment, neither the panther, nor "other listed species" were documented within preferred and tolerated habitat within the SRA boundary (Exhibits 913). 3.4 Soils/Surface Water For the Soils/Surface Water Index Factor, the Town of Ave Maria SRA Amendment assessment received scores ranging from 0, for non-hydric soils, to 0.3 for Flats (Transitional) soils (Exhibits IOA). This scoring is consistent with the Baseline assessment (Exhibits IOB) since baseline soil conditions have not physically changed during the interim. 3.5 Restoration Potential This index factor is assigned only during SSA designation, if appropriate, and was not assessed in the Baseline model. As this application and NRI Assessment are for an SRA, this NRI Factor was not incorporated into the Town of Ave Maria SRA Amendment NRI Assessment. n P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1011 11.A.b 3.6 Land Use/Land Cover In the Land Use/Land Cover Index Factor, the Town of Ave Maria SRA Amendment assessment received scores between 0 and 0.4, with a vast majority of the Project scoring 0.2 (as Group 3 agricultural and surface water land uses). The 0.4 scoring Group 1 FLUCCS codes were associated with cypress domes located within, and along the perimeter of, the Town of Ave Maria SRA Amendment Area C (Exhibit I IA-3). The Baseline assessment closely reflects current assessment scoring (Exhibits I IB). Differences between the two assessments are due to the use of field verified and refined FLUCCS mapping conducted by PE in 2022. 3.7 Final Assessment The final model result is calculated by summing the raster cells for each of the NRI Factors. The Town of Ave Maria SRA Amendment assessment demonstrates that no land within the SRA boundary carries an NRI value exceeding 1.2. NRI scores range from 0.0 to 0.8 (Exhibits 12.A) with over 90% of the area scoring at or below 0.5 (Exhibit 13). The Baseline model grid cells are in agreement with the Town of Ave Maria SRA Amendment assessment (Exhibits 12B). The Baseline and current NRI scoring did not meaningfully differ because the land uses have not change since Baseline conditions and because additional species occurrence records were not documented outside the preferred or tolerated species habitat that was mapped in the Baseline model. Areas where scoring in the Town of Ave Maria SRA Amendment assessment differed from the original 2002 Baseline assessment were relatively minor and primarily resulted from refined FLUCCS mapping. The Town of Ave Maria SRA Amendment NRI Assessment scores are presented graphically in Exhibits 12A and in tabular format in Exhibit 13. 4.0 NRI RESULTS SUMMARY The NRI Assessment for the proposed Town of Ave Maria SRA Amendment has been prepared with updated and refined datasets, where available and appropriate, to reflect current site conditions. Comparison of the current assessment with the Baseline assessment indicates that the refined and updated data sets have not resulted in a meaningful change to overall assessment scoring. The small number of changes are primarily around the Project perimeter where project - specific land use mapping removed errant non-agricultural land uses from the agricultural project limits. This NRI Assessment for the Town of Ave Maria SRA Amendment indicates that there are no current NRI scores within the Project exceeding a score of 1.2. Additionally, the Amendment parcels are of sufficient size to accommodate the planned development; two have direct access to an arterial road and the third has access through the Town of Ave Maria SRA; Area A is contiguous with, provides sufficient buffering to, and does not encroach into an HSA or FSA (Areas B and C are not continuous with HSA's or FSA's); and the Project provides greater that the minimum open space in accordance with the Suitability Criteria contained in Section 4.08.07 A.1. of the LDC. 7 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1012 11.A.b EXHIBIT 1 PROJECT LOCATION MAP T r Q P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1013 11.A.b TOWN OF AVE MARIA SRA AMENDMENT LOCATION MAP x X-001 sne�x u�mne� 01 m 14 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1014 11.A.b EXHIBIT 2A & B & C 2021 and 2004 AERIALS WITH BOUNDARY 10 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1015 11.A.b 11 g L. M 2 CD T N O O O T N O N J a 00 ti M ui N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1016 11.A.b ENGINEERING4 SRA BOUNDARY - — AMENDMENT AREA (A) / i / e - / EX_ BOUNDARY ) / EXISTING INNOF AVE RIA r—arm/ I TOWN OF AVE 2021 AERIAL AREA MARIA SRA (A) AMENDMENT 12 P-annul-xus -ec X-601 18 20 2 M 2 CD O N O O O T- N O N J a 0o ti M N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment PagLq Packet Pg. 1017 11.A.b 13 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1018 11.A.b _ s � Tjy r y LEX-SRA CTyRJ EXISTING AVE M� N OFJ SRA SRA BOUNDARY AMENDMENT AREA (8) PP BEN INS LA TOWN OF AVE IENGINEER[N"2021 AERIAL AREA �TMa —1-1 MARIA SRA (B) P-Qoo,'oz9 M,r AMENDMENT p nMD-oot-xos-soZE X-602 19 20 14 2 L M 2 CD CD T N O O O T N O N J a 0o ti M N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment PagLq Packet Pg. 1019 11.A.b r' EXISTING WN OF—1 .� AVE IA SRA_r. 1 a 1 .F. I t....... r.;a .- .-,�p�- PEN I NSu LA ENGINEMN TOWN OF AVE 2004 AERIAL AREA MARIA SRA (C) AMENDMENT 15 HAA-L 2022 o.awi�c s�sie. N. e - P-AMD-00, -029 P-AMO-001-X05-507AP X-501 t9 Q O N O O O r N O N J d co M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1020 11.A.b — SRA BOl1N�ARY 3EN I NSU LA PRTOWN OF AVE Ea.MA� INEERI� 2021 AERIAL AREA „. �TMa-ILL �� 1111111111111 MARIA SRA °°w'°°� °° °°° �pu, E4 1�� P-AMD-001-029 / AMENDMENT P nMo-0ot-xos-MAP m'w �,m X-603 _ - 20 20 16 2 L. CM CD a T N O O O T N O N J a 00 ti M ui N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1021 11.A.b Q R �L C� C Q r O N O O O EXHIBIT 3 N CD AERIAL WITH STEWARDSHIP OVERLAYCN a r Q P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1022 11.A.b HSA 1 l I 3 1 HSA / �T l SRA BOUNDARY J / AMENDMENT AREA (A} OFFSET ! SRA B( (TYP} i FSA ,,n r J WRA r� r 1 0 1',' 1- 9500' 3DD0 LEGEND WATER RETENTION AREA (WRA) LIMITS �-. HABITAT STEWARDSHEPAREA(NSA)LIMITS FLOW WAY STEWARDSHIP AREA (FSA) LIMITS — — — 300' OFFSET OF HSA AND FSA LAND aRatccr. TOWN OF AVE MARIA SRA AMENDMENT G AERIAL WITH STEWARDSHIP OVERLAY AREA (A) IN X-101 03 14 T R �L C� C d Q 0 N O O O N 0 N J d 0 M N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment PagLq Packet Pg. 1023 11.A.b 0 375 750' 1500' 3000' 45CC LEGEND AIR ALnRHv coavRicHr of C()LLlER COJNTY PROPERTY APPRAISER 2921 TITLE AERIAL WITH wNER LENT, oRSLTANT _18 P.B-CLAYLIAN 2022 APRL50o WATER RETENTION AREA (WRA) LIMITS HABITAT STEWARDSHIP AREA (HSA) LIMITS FLOW WAY STEWARDSHIP AREA (FSA) LIMITS — — — 300' OFFSET OF HSA AND FSA LAND I=EN INSU A E-717 TOWN OF AVE ENGINEMN �.E MARIA SRA STEWARDSHIP w^2,L8P ee,P-AMUDD1-029 P AMENDMENT OVERLAY AREA (B) P-AMD-001-xos1D2ST P"Fg,31 Fy A, X-102 19 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1024 11.A.b 1 1 N ' BUSTIN OWN OF� AVE ARIA SRA 0 375' 750' 1506' 3000' -CC LEGEND WATER RETENTION AREA (WRAJ LIMITS HABITAT STEWARDSHIP AREAL (HSA( LIMITS FLOW WAY STEWARDSHIP AREA (FSA) LIMITS — — — 300' OFFSET OF HSA AND FSA LAND TOWN OF AVE MARIA SRA AMENDMENT AERIAL WITH STEWARDSHIP OVERLAY AREA (C) 20 COLLIER GOIINIY PROPERTY APPRAISER 2121 P BRACE LAYMAN wma s a.: P-AMD�01-029 eer? AMD-00i-XOFr103ST X-1 03 05 14 2 L M 2 CD 0 N O O O T— N O N J a 00 ti M N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment PagLq Packet Pg. 1025 11.A.b EXHIBIT 4 AERIAL WITH FLUCCS MAP 21 T r Q P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1026 11.A.b w. = _ J 7 r SRA BOUNDAR_, AMENDMENT AR 214 i 1 I i' ,-EX_ BOUNDARY' / ( P) EXISTINGTSWNOF AVE MARIA SRA 211 0 25D500' 1000' 2000' 30C' LEGEND TOWN OF AVE MARIA SRA (EXISTING) FCODES DESCRIPTION AREA SRA AMENDMENT BOUNDARY 211 IMPROVED PASTURE 76.0 214 ROW CROPS 249.7 FLUCCS LIMITS 325.7 AERIAL PHOTOGRAPHY COPYRIGHT OF PR29 PEN INSU I A TOWN OF AVE w�ERGLE�T�oR= TAB P.gR.ELAII,— e„ NAFHAAPR�«2s ENGINEW AERIAL WITH u MARIA SRA FLUCCS AREA (A) e L81e P-AMo-oo1-029 AMENDMENT ef�P-AMD-991-x05-201FL Fg''31 X-201 Fla�'d�ca��- men�tl�:m 06 14 22 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1027 11.A.b EX. SRA UtJDARY (TYP) / r 0 259 500' low 2080 33W LEGEND — — TOWN OF AVE MARIA SRA(EXISTING) SRA AMENDMENT BOUNDARY FLUCCS LIM[TS AERIAL PHOTOGRAPHY OOPYRIUNT Or P IPENINSUUA TOWN OF AVE ENGIN ,IN MARIA SRA AMENDMENT SRA BOUNDARY AMEIJDMENT AREA (B) 1 422 � e I /l 740 I I FCODES DESCRIPTION AREA 221 CITRUS GROVES 83.0 224 ABANDONED CITRUS GROVES 15 S 422 BRAZILIAN PEPPER 34 513 DITCHES 63 520 LAKES B4 618E2 WILLOW AND ELDERBERRY, EXOTICS 25%49% 0 6 619 EXOTIC WETLAND HARDWOODS 18 740 DISTURBED LAND 0.6 814 ROADS AND HIGHWAYS 0.4 105.9 AERIAL WITH FLUCCS AREA (B) 23 P BRACE IAYMAN —AN MULLINS wma s a.: P-AMD�01-029 er P-AMD-001-XOS-202TL X-202 07 14 2 L. CM G a T Q N O O O T N O N J a 00 ti M ui N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1028 11.A.b 0 25Y 500' 1000, 20c0' 3600' LEGEND TOWN OF AVE MARIA SRA(EXISTING) SEA AMENDMENT BOUNDARY FWCCS LIMITS TOWN OF AVE MARIA SRA AMENDMENT AERIAL WITH FLUCCS AREA (C) 24 FCODES DESCRIPTION ARE 242 SOD FARMS 511.3 621 El CYPRESS, EXOTICS 10%24% 3.7 521E2 CYPRESS, EXOTICS 25%-49% 44 621E3 CYPRESS, EXOTICS 505;-74% 0.8 520 2 wm —1. - e P-AMD-001 -a29 P-AMD-001-X05-203FL X-203 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1029 11.A.b EXHIBIT 5 DOCUMENTED LISTED SPECIES LOCATIONS (2022 SURVEYS) 25 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1030 11.A.b ® u, FPT i ® I I II l 1 I I, SRA BOUNDARY AMENDMENT AREA (A) f I I i� j—FPT i 211 y==------- � I ! I I I ",tl ; l I 1 1 I 1 !I I I AA_ j FPT 1 1 1 I 1 I 1 I 1 1 1 1 I I1 ® 11 I I I ® � ! , 1 , � 214 � ! 1 1 I I 1 1 1 1 I I ! 1 I 1 f I�— r~ , 1 I I 211 1 1 I I !1 1! I 1 1 1I f1 — 11 S I FCODES DESCRIPTION (AEA 211 IMPROVED PASTURE 76.0 214 NOW CROPS 249.7 3257 TOWN OF AVE MARIA SRA AMENDMENT 0 250' 600' 1000' 200P 3000 LEGEND TOWN OF AVE MARIA SRA (EXISTING) SRA AMENDMENT BOUNDARY FLUCCS LIMITS TRANSECTS LISTED SPECIES LOCATIONS AREA (A) 26 LISTED SPECIES 0 AMERICAN ALLIGATOR (AA) ® LITTLE BLUE HERON (BH) ® FLORIDA PANTHER TELEMETRY (FPTh BLACK BEAR (BB) SEC:44. 1-18. 31-3-:47. 48 RGE 29 AN MULLINS P-AMD-� l-�29 of P AM€}001-X0S301 Ls X-301 09 14 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1031 11.A.b 6i8E2�r' I li ' LEX- SRA �-. UARY (TYP) FCUUCC�S DESCRIPTION AREA 221 CITRUS GROVES 830 224 ABANDONED CITRUS GROVES 15-5 422 BRAZILIAN PEPPER 34 513 DITCHES 0.3 520 LAKES 04 618E2 WILLOW AND ELDERBERRY, EXOTICS 25%-49% 06 619 EXOTIC WETLAND HARDWOODS 1.8 740 DISTURBED LAND 0.6 814 ROADSANDHIGHWAVS 04 1059 PROSECT' TOWN OF AVE MARIA SRA AMENDMENT 1 221 1 , l II 41 i li 224 SRA BOUNDARY 513� rAMENDMENT AREA a2z Tao 0 250' 500' 1000, 2000' Sow LISTED SPECIES MARIA SRA (EXISTING) NO LISTED SPECIES OBSERVED LEGEND TOWN OFAVE SRA AMENDMENT BOUNDARY FLUCCS LIMITS + TRANSECTS TITLE'. LISTED SPECIES LOCATIONS AREA (B) 27 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment PagLq Packet Pg. 1032 11.A.b f ^� -EXI 1NG TOWN OFJ�..��•'.- E MARIA SRA r AAA,( 1 LAK `AK I I I / I I I SRA BOUNDARY I (TYP) r —11 It 1 1 1 t 5 5 I 1 5 I 242 I , 1 r � I i r a 1 TH rLs�'1 —AK__' —� PW (CAVITY IN CS POWER POLE) 6210 CS CS � I 1 I iy6�21E3— i � J/ SRA BOUNDARY 8B 0 250' 500' 1000' 2000, 3" FCODES DESCRIPTION AREA 242 SOD FARMS 511.3 621Et CYPRESS, EXOTICS 1C%24% 3.7 521 E2 CYPRESS, EXOTICS 25%-49% 44 521 E3 CYPRESS, EXOTICS 5C%-74% 08 520.2 LEGEND TOWN OF AVE MARIA SRA (EXISTING) SRA AMENDMENT BOUNDARY FLUCCS LIMITS TRANSECTS LISTED SPECIES ® AMERICAN ALLIGATOR (AA) CYPRESS SNAGS WI CAVITIES (CS) PILEATED WOODPECKER (PW) TRICOLORED HERON (TH) ® AMER€CAN KESTREL (AK) ® FLORIDA PANTHER TELEMETRY(FPT) BLACK BEAR (BEI PROTECT' TITLE: OWNERlOLIE-ONSULTANT'. SEC:44.1-18. 31-33RYP:4].48 RGE 29 PENINSUL" �' TOWN OF AVE LISTED SPECIES AN MULLINS ENGINEWN MARIA SRA LOCATIONS AREA APaL 007 ih ruH ( \ P-AMD-DD1-D29 aiaovMwu wrwnvE AMENDMENT `C of P AM€-D31-XO5-303LB X-303 M a T O N O O O T— N O N J a 00 ti M W N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment PagLq Packet Pg. 1033 11.A.b EXHIBIT 6 SOILS MAP 29 T r Q P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1034 11.A.b 0 25U 500 low 2000' H00 LEGEND TOWN OF AVE MARIA SRA(EXISTING) BRA AMENDMENT BOUNDARY SOILS LIMITS FLATS (TRANSITIONAL CLASSIFICATION) R �I PROSEO7: I NGIN�tN TOWN OF AVE MARIA SRA AMENDMENT SOILS DESCRIPTION CODE 3 MALABAR FINE SAND (FLATS) 21 CYPRESS LAKE FINE SAND (FLATS) 22 CHOBEE, WINDER, GATOR SOILS, FREQUENTLY PONDED (FLATS) 23 HOLOPAW-O(EELANTA, FREQUENTLY PONDED (FLATS) 27 1 HOLOPAW FINE SAND (FLATS) 43 WINDER, RIVIERA, LIMESTONE SUBSTRATUM, AND CHOBEE SOILS, FREQUENTLY PONDED (FLATS) SOILS MAP AREA (A) 30 SEG:44.1-18.31-33RYP:47.40 RGE 29 P-AMD-DD1-D29 eef PAMD-001-X054D1SO X-401 12 14 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pagqi Packet Pg. 1035 11.A.b SRA BOUNDARY AMENDMENT AREA (B) ;,I 0 2-1a WIT low 2000' 3000 LEGEND TOWN OF AVE MARIA SRA(EXISNNG) SRA AMENDMENT BOUNDARY SOILS LIMITS FLATS (TRANSITIONAL CLASSIFICATION) PEN INSU UA PTOWN OF AVE ENGIN ,IN MARIA SRA AMENDMENT SOILS CODE DESCRIPTION 7 IMMOKALEE FINE SAND (NON-HYDRIC) 11 BRYNWOOD FINE SAND (NON-HYDRIC) 16 OLDSMAR FINE SAND (NON HYDRIC) 21 CYPRESS LAKE FINE SAND (FLATS) 22 CHOBEE, WINDER, GATOR SOILS, FREQUENTLY PONDER (FLATS) 23 HOLOPAW-OKEELANTA, FREQUENTLY PONDED (FLATS) 28 PINEDA-2MERA FINE SANDS (FLATS) 29 WABASSO FINE SAND (NON-HYDRIC) 44 WINDER, RIVIERA LIMESTONE SUBSTRATUM, AND CHOBEE SOILS, FREQUENTLY PONDED (FLATS) SOILS MAP AREA (B) 31 P BRACE LAYMAN —AN MULLINS wma s a.: P-AMD-�-029 eef 01 �P AMD-001-X05402SO X-402 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1036 11.A.b 0 2M 500low 200P 3000' LEGEND TOWN OF AVE MARIA SRA (EXISNNG) SRA AMENDMENT BOUNDARY SOILS LIMITS FLATS (TRANSITIONAL CLASSIFICATION) N 1 PRa 7 I TOWN OF AVE MARIA SRA AMENDMENT SOILS DESCRIPTION CODE 2 HOLOPAW FINE SAND, LIMESTONE SUBSTRATUM (FLATS) 7 IMMOKALEE FINE SAND (NON-HYDRIC) 10 OLDSMAR FINE SAND, LIMESTONE SUBSTRATUM (FLATS) Aq PINEDA FINE SAND, LIMESTONE SUBSTRATUM (FLATS) 77 BASINGER FINE SAND(FLATS) 25 CYPRESS LAKE - RIVIERA- COPELAND FINE SANDS, FREQUENTLY PONDER (FLATS) 124 OLDSMAR FINE SAND, LIMESTONE SUBSTRATLJWURBAN LAND (NON-HYDRIC) SOILS MAP AREA (C) 32 44.1-18 P_ BRUCE -AN AN MULLINs � -D eP-AMDW29 ef �P AMD-Cot-X05403SO X-403 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1037 11.A.b Q R �L C� C Q r O N O O O EXHIBIT 7 N CD STEWARDSHIP OVERLAY DESIGNATION INDEXCN a r Q 33 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1038 11.A.b _egend -�� N NRE_BCUNVARY ti~i`•` •_�*'*' SRA DESIGNATION NRI SCORE %T ' State of Florida, ivldxae County cl Collici S00 1,000 Fee PROJECT: E%FIIBIT DISC. NOTES. �M AVE MARIA SRA EXPANSION EXHIBIT 7A-1, PEN 1 NSU LA O) SPA DESIGNATION -CURRENT ENGINEERING zson aore.� ova aa�xway 34 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1039 11.A.b mow^' I li r�.rrrrr � Legend _'.• Q NRI_BOUNDARY _ - �RID_POST SRA DESIGNATION NRI SCORE 445 890 n Fee PROJECT: EXHIBIT DESC: NOTES. AVE MARIA SRA EXPANSION EXHIBIT 7A-2. P E N I N S U LA O) SRA DESIGNATION -CURRENT RING 2800 Golden Gate Parkway 35 R �L C� C Q O N O O O N O N J d O M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1040 11.A.b _ or II I S _egend 0 NRI_BOUNI)ARY - -I -IERE, Ga Ini 1 3RID_POST 500 1,000 hnolo�iesl 3RA DESIGNATION NRI SCORE - I Fee PROJECT: EXH1611 ''Esu I t5: AVE MARIA SRA EXPANSION EXHIBIT 7A-3. PE N I N S U LA Q SRA DESIGNATION -CURRENT RING zsroc.ie.. oaz. r.'kw.y 36 R Q r 0 N O O O r N O N J d Ib M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1041 11.A.b Legend C3 NRI_—NARY*rA y� Pf" SRA DESIGNATION NRi SCORECounty � .4Y of Collier, Esri. HER£, Garmin, GeoTechnofogies.mc �•' 4 • 500 1,000 Ma xac fVlicroso w00000Kzz== Fee ,'"ij PROJECT AVE MARIA SRA EXPANSION ExHI BIT ()ESC. EXHIBIT 7B-'1. NOTES. PEN I N S U LA SRA DESIGNATION - NEERING BASELINE MW Gdd.a G.. Parkway 37 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1042 11.A.b i Legend Q NRI_BOUNDARY _ SRA DESIGNATION NRI SCORE 0 PROJECT: EXHIBIT OESC: P E N I N S U LA AVE MARIA SRA EXPANSION EXHIBIT 7B-2. SRA DESIGNATION ._RING - BASELINE Z600 Golden bete Perkxry I •M a •ems. r.eley .rwlwwW •y1! y�r NOye •�I F �eee�e' r�n...rM+ten ^S 1�. 445 ! 890 Fee NOTES: T P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1043 11.A.b B _egend 0 NRI-BOUNCARY 3RID_POST IRA DESIGNATION NRI SCORE PROJECT: EMS OESC: �M P E N I N 5 U LA S AVE MARIA SRA EXPANSION EXHIBIT 7BS- SRA DESIGNATION --.RING . 2800 Golden Gate Parkway - BASELINE 39 _ i0 500 1,000 Feefl NOTES: 0 r w cv d Q r 0 N O O O r N O N J d Ib M In N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1044 11.A.b EXHIBIT 8 PROXIMITY INDEX T Co r— M Lo N M N w N C O r 7 O to N Q N R �L C� C Q N O O_ O L Q r Q Y V r r Q P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1045 11.A.b Legend 0 NRI_SOUNDARY ' PROXIMITY 0 0.3 PENINSULAC) ENG 26=11 ." Gl=— pKwEL I. AVE MARIA SRA EXPANSION County of Lullier Esri- HLI-:L. Garvin: I i ;..m. tilttc oI I _nl 500 1,000 Maras Micro,_ Fee EXNI BIT DESC. EXHIBIT 8A-1. PROXMITY INDEX• CURRENT 41 N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1046 11.A.b Legend Q rvaIBourvonaY GRID —POST PROXIMIfM 0 PENINSULAOj RING 2800 Golden Gate Parkway Nantes FL 361Q�5 PROJECT: AVE MARIA SRA EXPANSION EXHIBIT 8A-2. PROXMITY INDEX - CURRENT 42 R �L C� C Q O N O O O N O N J d O M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1047 11.A.b r- H &ME I Legend Q NRt_BOUNI)ARY GRID_POST _ — {I�►� 1\ PROXIMITY inc. State of 500 1,000 Nt3.ar L'I Fee PROJECT: E1cHIBlT DESC. NOTES. �M AVE MARIA SRA EXPANSION EXHIBIT 8A-3. PEN 1 NS U LA ENGINEERING odPROXMITY INDEX -CURRENT zson aoie.� ova ParRwa� 43 R d Q r O N O O O r N O N J d Ib M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1048 11.A.b IN t Legend 0 NRI_SOUNDARY: PROXIMITY 0 0.3 fir` AVE MARIA SRA EXPANSION EXXHIBHIB ET OB PEN1N5ULAP IT .:_ RING PROXINNDEX- BASELINNEEYIN 2 W0 ldenaxeftdx State of I - - 500 1,000 Feed 07ES: T P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1049 11.A.b Legend Q NRI_60UNDARI' PROXIMITY 0 PROJECT: EXHIBITDESC. NOTES. PENINSULA AVE MARIA SRA EXPANSION EXHIBIT8B-2. PROXMENGINEERING BASELINE lrvoEx- E BASELINE aW Gold., ova aarx,�y 45 R �L C� C Q O N O O O N O N J d O M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1050 11.A.b 12 � -TAW ,o i. i Li Legend ,. _AM NRI_30UNDARY PROXIMITY 0 b 500 1,000 hnoY ie 0.3 i EEEEEEE=77== Fee PROJECT: EXFIIBIT DESC: NOTES. �M PEN 1 N 5 U LA O) AVE MARIA SRA EXPANSION EXHIBIT 8B-3. PROXM ITV INDEX -.:RING � - BASELINE 2800 Golden Gate Parkway M T P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1051 11.A.b EXHIBIT 9 LISTED SPECIES HABITAT INDEX 47 T r Q P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1052 11.A.b Legend NRi bou NARY - I I�7ED SPECIES HABITAT SCORE Feed n` pKwEu. -Hi aiT ll—, AVE MARIA SRA EXPANSION EXHIBIT 9A-1. PEN 1 N S U LA C) LISTED SPECIES HABITAT SCORE - ENG' CURRENT zarocoiea� ova Pa�xw� Er. P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1053 11.A.b mow^' I li r�.rrrrr � Legend := NRI_BOUNDARY _ - GRID_POST LISTED SPECIES HABITAT SCORE 445 890 a PROJECT: EXHI BIT CE3C. NCI ES. PENINSULA AVE MARIA SRA EXPANSION EXHIBIT9A-2, RING 4 LISTED SPECIES HABITAT SCORE - CURRENT 2800 Golden Gate Parkway T R �L C� C Q O N O O O N O N J d O M N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1054 11.A.b - s , .A wo7l A X ll i i I Legend Q NRI_13OUNDARY Y - GRID POST- _ LISTED SPECIES HABITAT SCORE " " HERE o i0 500 1,000 rhno ie Fee �M PENINSULA j PROJECT: AVE MARIA SRA EXPANSION EXHI BIT DESC. EXHIBIT 9A3. NC ES ENGINEERING LISTED SPECIES HABITAT SCORE - CURRENT zson aoie.� ova aa�xw.y 50 R d Q r O N O O O r N O N J d O M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1055 11.A.b Legend r: ,r7"r, iCi3 I _ I. 11�77 �PFCJFS WPTT.AT SCORE County of Collier, trri. H-I. - { � Yi 500 1,000 Fee PROJECT: EXHI BIT DESC. h01'ES. �M AVE MARIA SRA EXPANSION PEN1NSULAOj EXHIBIT EC BASELINE SPECIES HABITAT SCORE - ENGINEERING BASELINE zson aoie.� ova aa�xway 51 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1056 11.A.b �-r I _ r11y- I •M a a.a�r r rwy Legend \ Q NRI_BOUNDARY - f LISTED SPECIES HABITAT SCORE PROJECT: E%M BIT =,C. NOTES: PENINSULA AVE MARIA SRA EXPANSION EXHIBIT96-2. :=RING Q LISTED SPECIES HABITAT SCORE - BASELINE 2fi 00 GolAen Gate Parkwry 52 445 890 .-1 R m Q 0 N O O O N O N J d O M Lo CN P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1057 11.A.b WWR :L • A 1:. �y + ! a Y rP �1 -1 - r J r. e� ! Y t,r(All .a All - Legend — -' NRI—BOUNDARY " _ _ • — - -- N LISTED SPECIES HABITAT SCORE ✓=sn�, i'EKE, Gagvi I �. 500 1,000 aT�cfinoi'e�ies"!h� Fee PROJECT EXHI BIT OESC: NOTES. r,1 AVE MARIA SRA EXPANSION EXHIBIT 9BJ. PENINSULA �ij LISTED SPECIES HABITAT SCORE - NEERING BASELINE zsoo cme.n cx® Pxkway 53 �L C� C Q O N O O O r N O N J d co M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1058 11.A.b EXHIBIT 10 SOILS/SURFACE WATER INDEX 54 T r Q P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1059 11.A.b hk _ Legend j, NRI_BOUNDARY _r SOILS o � 0.2 ` 0.3 - �nw of Collier - - 500 1,0013 PROJECT: EXHI BIT DESC. I'ES. AVE MARIA SRA EXPANSION EXHIBIT 1DA•1 P E fV I N S U LA C! ENCa SOI LSISURFACE WATER INDEX - CURRENT zeao a.m.. cae. �kwry 55 R �L C� C Q r O N O O O N O N J d Ib M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1060 11.A.b Legend x Q NRI_BOUNDARY SOILS 0 t.. ..., a GarAil 0.2 1 W 0.3 PROJECT: —1111T CESC. NOTES'. P E N I N S U LA 6i_ AVE MARIA SRA EXPANSION EXHIBIT 1OA•2. VQ SOFLSlSURFAGEWATER INDEX - +.. ....__RING - - - CURRENT zeoo a.m.. a 56 Cn g 2 CD 0 N O O O N O N J a ti M N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1061 11.A.b ` Wool - j, i �I 1 e 1 a I h� {daI t Legend- NRI_BOUNDARY SOILS rl' svv �,0000 Cg�lier. of0'2 eole ..0.3 Fee PROJECT: ECHI BIT CESC NOTES', AVE MARIA SRA EXPANSION EXHIBIT 10A3. P E N I N S U LA C SOILS SURFACE WATER INDEX - F-NG CURRENT am GGIAen Gate Parkway ., Np.plep„F,L-05 57 i T 2 Q 0 N O O O N Co N J d co I'- m 10 N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1062 11.A.b ''SOILS 0.2 0,3 low r State -ofiF#,6rida,, OAl al, Cou nty'o jollier;'s 500 1,000 e' Fee r PROJECT: E", IT DESC, NOTES. AVE MARIA SRA EXPANSION EXHIBIT 10B•1 P E N I N S U LA j ENCGi: SOI LSlSURFACE WATER INDEX - BASELINE zeon e�.m.. c e. r�kway T P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1063 11.A.b IS .w .y w_ fl 1 r/r Legend Q NRI_BOUNDARY SOILS ty 0.2 _ — 445 hl 0.3 M Fee PROJECT: -HIBITOE3C. NOTES. k PENINSULA AVE MARIA SPA EXPANSION EXHIBIT 1liB-2. -ZING SOILSISURFACE WATER INDEX BASELINE 2 m Golden Gate Parkway Nantes rL 105 59 2 C d Q O N O O O r N O N J d co ti M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1064 11.A.b ow 1 Legend _ - - r _ Q NRI_BOUNDARY ! SOILS 0.2 IIEEI 11 I 0.3 I q lil�ir; 500 •l�p+jll,.�IG+,,,L�Fee 1,000 eoleFh �, PENINSULA PROJECT: AVE MARIA SRA EXPANSION ExHI BIT DESC. EXHIBIT toga. KCTES. NEERING 'l1 SOILSISURFACE WATER INDEX - BASELINE MN Golden Comte Parkway Z E T P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1065 11.A.b EXHIBIT 11 LAND USE/LAND COVER INDEX 61 T r Q P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1066 11.A.b Legend 0 NRI_BOUNDARY LAND USE LAND COVER INDEX p ' 0.2 0.4 -- L M - xy of Collier - - 500 1,000 PROJECT: LxHI BI'r UESC. I'E8. AVE MARIA SRA EXPANSION EXHIBIT IIA•1 P E fV I N S U LA C! ENCa LAND USE LAND COVER INDEX - CURRENT zeao a.m.. cae. r�kway 62 R �L C� C Q r O N O O O N O N J d 00 M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1067 11.A.b a Legend .� NRT_9OUNDARY LAND USE LAND COVER INDEX 0 0.2 PROJECT: EMIRT OESC: PENINSULAI AVE MARIA SRA EXPANSION EXHIBIT11A•2. RING 1 LANDUSELANDCOVER- CURRENT aW Golden Gate ParkFL W05 way 63 L: .i+rvrr'r. rrr�rrrw.�.r� NOTES', 445 890 ME i T R m Q 0 N O O O r N 0 N J d 00 M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment PagLq Packet Pg. 1068 11.A.b a Legend - — jJ NRI_BOUNDARY LAND USE LAND COVER INDEX a .z 0.9 9p��eolesF PROJECT' "H BIT DESC: NOTES', r,1 AVE MARIA SRA EXPANSION EXNiBIT IIA-3. PEN I N S U LA ,'�') LAND USE LAND COVER INDEX - NEERING CURRENT MK Golden Comte Parkway z T R m Q 0 N O O O N O N J d co M L N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1069 11.A.b Legend .. Q NRI_BOUNDARY "LAND USE LAND COVER INDEX; 0 0.2 0,3 44 . sva, County of Lollies Lvi. HMI. - 500 1,000 moommomE== Fee$ N 4gok PROJECT: EXHIBIT OESC. NOTES. PENINSULAQ ENGINEERING AVE MARIA SRA EXPANSION EXHIBIT II13-1. LAND USE LAND COVER INDEX - BASELINE aW G.IZ Gate Parkway 65 T P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1070 11.A.b 3 L .:.to 0 ....ram__ ..wv ar l — Legend jM NRT_BOUNAARY } 1' LAND USE LAND COVER INDEX a 0.2 • G.3 olir County'f Collier; Es[i, FE: E'�iarna 0.4 445 890 i'Is Fee _ PROJECT: EXNISIT DESC: NOTES. PENINSULAAVE MARIA SRA EXPANSION EXHIBIT 11B-2. -RING . LAND USE LAND COVER INDEX - BASELINE 2800 Golden Gate Parkway T P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1071 11.A.b I; Legend Q NRI_BOUNDARY LAND USE LAND COVER INDEX D 02 03 Da aY, PROJECT: EXHIBT DESC. k�, PENINSULA+ AVE MARIA SRA EXPANSION EXHIBIT 1113-3. ENGINEERING Q LAND USE LAND COVER INDEX - BASELINE zson aoie.� ova aa�xway 67 Soo 1,000 Nt3:ar L', Fee NCTES. N T P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1072 11.A.b EXHIBIT 12 FINAL NRI ASSESSMENT z T r Q P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1073 11.A.b q,: -'•."� ems:-w-FAW l ;Legend 0 NRI_BOUNDARY M 0.5 _ TOTAL 0.6,..; 0 _ 0.7 os sr,I: -anry of colllcr o,z soo 1,000 ba i Fee PROJECT: EXHIBIT PESO, NCT- �M AVE MARIA SRA EXPANSION PEN 1 NSU L_A EXHIBIT 12A-1 ENGINEERING 4 TOTAL NRISCORE - CURRENT zsoe aoie.� �m ra�xway M t T P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1074 11.A.b �M I� rw ;. IS � ,�,;- .,�_�-- - =fir• �. Legend Q NRi_80UNDARY 0.S TOTAL M 0.s 0 0.� h 0.2 0.a j!r,, gas #, 445 890 0.4 Fee PROJECT: EMISiT DESC: NOTES. AVE MARIA SRA EXPANSION E11M181T VA-2. P E N I N S U LA Q TOTAL NW SCORE - CURRENT SING 2600 Golden Gate Parkes 70 2 C Q O N O O O N Co N J a co ti M N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1075 11.A.b k. - i f I e=: llp'. Legend NR] BOUNDARY OS ' TOTAL 0.6 t_ 0 0.2 0.7 Ds Aoo a l 540 1,000 eOle, 0.4 0000000Ez=z= Fee �M PENINSULA PROJECT: AVE MARIA SRA EXPANSION FX BIT CESC. EXHIBrr 12A3- TOTAL NRI SCORE • CURRENT h01'ES. . RING 4 2800 Golden Gate Parkway 71 R .C� C d Q O N O O O N O N J d co M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1076 11.A.b ;Legend 0 NRI_BOUNDARY 0.4 TOTAL _ 0 �aryun 0�2 0 Coler r` 500 1,00ch Ito -rn- jN W 0,3 080 !MENEEN== Fee IMP PROJECT: E%H61T DESC. NOTES. �M AVE MARIA SRA EXPANSION PEN 1 N 5 U LA ED EXHIBIT 1213•1 .-.RING TOTAL NRISCORE - BASELINE 2800 Golden Gate Parkway 72 T P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pap,; Packet Pg. 1077 11.A.b Legend Q NRi_80UNDARY 0.4 TOTAL 0.5 0.6 0 0.7 0.2 0.8 0.3 PROJECT: EMST DESC: AVE MARIA SRA EXPANSION EXHIBIT 1213-2. PE N I N S U L_A e) TOTAL NRf SCORE - '-2ING BASELINE 26W Golden Gate Parkes Naple9, FL_ 73 445 890 F NOTES. 2 C Q O N O O O N Co N ^J (L co I` M Lo N P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment PagLq Packet Pg. 1078 11.A.b L 4lil €i �I 01- )j* Il' I F Legend - - - NRI_BOUNDARY 0.4 TOTAL o.s � N 0.6 \ 0.2 0.7 -ler. Esr. 500 1,000 eoTee. 0 3 O,S moommomE== Fee 1 PROJECT: E%HI BIT DESC. NOTES. �M ARIA SA EXPANSION I9R 1283- AVE MEXH PENINSULATOTAL NRISCORE • . RING BASELINE 2800 Golden Gate Parkway 74 R .C� C d Q 0 N O O O N O N J d co M Lo P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1079 11.A.b EXHIBIT 13 SRA NATURAL RESOURCE INDEX VALUES 75 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1080 11.A.b TOWN OF AVE MARIA SRA AMENDMENT NATURAL RESOURCE INDEX VALUES NRI Value Percent of Total SRA Acreage Total SRA Acres* 0 0.1% 1 0.1 0.0% 0 0.2 52.9% 516 0.3 0.0% 0 0.4 35.5% 346 0.5 4.2% 41 0.6 0.1 % 1 0.7 6.8% 66 0.8 0.5% 5 0.9 0.0% 0 1 0.0% 0 1.1 0.0% 0 1.2 0.0% 0 1.3 0.0% 0 1.4 0.0% 0 1.5 0.0% 0 Totals 100.0% 976 Totals NRI >1.2 0.0% 0 * Acreages reflect the number of one -acre raster cells with centroids located within the project limit. 76 P:\Active_Projects\P-AMD-001\029_SRA_Expansion\Reports\NRI Assessment Pag Packet Pg. 1081 11.A.c Attachment A-2-Boundary Modification Exhibits M N The minor boundary revision removes a .55-acre protrusion located at the northeast corner of the SRA into Camp Keias Road right-of-way. The .55-acres are relocated along the northern edge of the Neighborhood General context zone located in the northeast corner of the SRA. Packet Pg. 1082 7j I Remove 0.55 acres from .1 . ;Cat nx 0 0 0 uti LL m zo=gip` QC7s� n W m JZxgF�° >Z LL' Q N Qi gz Cl) os ZZ> os e O to W �Eg aiy'� O Z O a a W�oQw ao5 000 �Za��o I z,Q oW;�„CL LJJ se��~��v�>�w� d'aa 3- ? a@ 3:=_ae m58 E'f3 of e o m �v vYIL ow S Wo fL N a h T s a o m a aA U w � - Lu 0 a ow ?!E 0 w , 0 w m Y 0 rU aQ K W U Oa aN Ov W K' a , �U ❑a pN ao O v r a w tr F m 2 X LU O Z D O co K zz 9 Of O < z z m; © z I <Lu _ § 9! ! $ < 2/ ) z = q •!!;;! :§§, LLI!!;r .!`) O z7,ww § § Q ONq ± > / zz mM I < \E �E ; _ $§:... |! G 9 !\!!,!!!! !