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Agenda 06/13/2023 Item # 9A (Ordinance - BCHD 1 CPUD - PL20220003428)9.A 06/13/2023 EXECUTIVE SUMMARY This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending the BCHD 1 Commercial Planned Unit Development (CPUD), by adding 2.69 acres± to the CPUD; adding 130,000 square feet of indoor self -storage and reducing commercial uses from 200,000 square feet to 100,000 square feet of gross floor area. The property is located approximately one-half mile north of Randall Boulevard on the west side of Immokalee Road, in Section 22, Township 48 South, Range 27 East, with the entire PUD consisting of 21.82 acres. (Companion to item 9B) [PL20220003428] OBJECTIVE: To have the Board of County Commissioners (Board) review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above - referenced petition and render a decision regarding the petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner proposes to rezone a 2.69± acre Estates (E) zoned parcel and add it to the BCHD 1 Commercial Planned Unit Development (CPUD). The original BCHD 1 CPUD was 19.13± acres and was approved on April 27, 2021, in Ordinance number 2021-20. The petitioner also proposes to decrease the commercial area from 200,000 square feet of commercial area to 100,000 square feet of commercial area and to add 130,000 square feet of indoor self -storage area. A deviation related to the location of parking is being requested. For further information, please see the Deviation Section of the Staff Report located on page 14. A previously approved PUD Commitment 6. h. related to an outside party acquiring the westernmost parcel of the property has been modified. The Development Standards remain the same as previously approved. See Attachment A -Proposed PUD Ordinance. This is a companion item to GMPA-PL202220003426, Immokalee Road Estates Subdistrict GMPA. FISCAL IMPACT: The PUD Rezone (PUDR) by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build -out, will maximize its authorized level of development. However, if the PUD Rezone is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUDA and has found it consistent with the Future Land Use Element (FLUE) of the GMP subject to the adoption of the companion GMP Amendment and the Condition of Approval related to supplemental landscape buffering. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC, heard Petition PUDR-PL20220003428, BCHD 1 CPUD on May 4, 2023. The CCPC voted 4-0 to forward this petition to the Board with a recommendation of approval subject to the following Conditions of Approval: 1. The Type B Landscape Buffer along the southern portion of the west property line as shown on the "Master Plan with Supplemental Buffer Location" shall be supplemented with a 6-foot high wall and clusters of 3 palm trees. The clusters of palm trees shall be staggered at a minimum of 16-24 foot o.a.h. and located Packet Pg. 84 9.A 06/13/2023 between the required tree plantings. Furthermore, the supplemental buffer location shall be depicted on the PUD Master Plan and listed as a PUD Commitment. (See Attachment B-Master Plan with Supplemental Buffer Location) 2. The trip cap shall be reduced. While the petitioner has incorporated Condition of Approval 2 related to the trip cap into the PUD Ordinance, Condition of Approval 1 has not been incorporated into the PUD Ordinance. See Attachment A -Proposed Ordinance. The purpose of Condition of Approval 1 is to provide compatibility between the Rural Estates residences and the commercial development. In similar scenarios, the GMP requires a 75-foot-wide buffer when neighborhood centers abut estates lots. The Collier County Land Development Code (LDC) requires a 6- to 8-foot-high wall in addition to the Type B Landscape Buffer when commercial development abuts residential development. The minimum code required 15-foot-wide Type B Landscape Buffer does not mitigate for the loss of the 75-foot- wide preservation area and is insufficient at this location. (Please see Attachment B-1-PowerPoint for photographs of the location.) Staff is not requesting the restoration of the lost 75-foot preserve area. However, the CCPC and Staff are requesting the supplemental 6-foot-high wall and clusters of 3 palm trees within the minimum code - required 15-foot-wide landscape buffer. Due to the inconsistencies in the proposed PUD Document and neighboring opposition, this petition has been placed on the Regular Agenda. LEGAL CONSIDERATIONS: This is a rezoning of 2.69 acres and an amendment to an existing PUD. The burden falls upon the applicant to prove that the proposed rezoning is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for CPUD Rezones and PUD Amendments: Ask yourself the following questions. The answers assist you in determining approval or not. 1. Consider: 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. 2. Is there adequacy of evidence of unified control and suitability of 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? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed CPUD with the goals, objectives, and policies of the Growth Management Plan. 4. Consider: 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. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and surrounding areas to accommodate expansion. 8. Consider: Conformity with CPUD 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. 9. Will the proposed change be consistent with the goals, objectives, policies and future land use map, and Packet Pg. 85 9.A 06/13/2023 the elements of the Growth Management Plan? 10. Will the proposed CPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested CPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change 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? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air in adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: 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. 25. Consider: The impact of development resulting from the proposed CPUD rezone 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. 26. Are there other factors, standards, or criteria relating to the CPUD rezone request that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons, and the oral testimony presented at the BCC hearing as these items relate to these criteria. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC to forward a recommendation of approval of Petition PUDR-PL20220003428, BCHD 1 CPUD, to the Board of County Commissioners subject to the following Condition of Approval: The Type B Landscape Buffer along the southern portion of the west property line as shown on the "Master Plan with Supplemental Buffer Location " shall be supplemented with a 6-foot high wall and clusters of 3 palm trees. The clusters of palm trees shall be staggered at a minimum of 16-24 foot o.a.h. and located between the required tree plantings. Furthermore, the supplemental buffer location shall be depicted on the PUD Master Plan and listed as a PUD Commitment. (See Attachment B-Master Plan with Supplemental Buffer Location) Packet Pg. 86 9.A 06/13/2023 Prepared by: Nancy Gundlach, AICP, PLA, CSM, Planner III, Zoning Division ATTACHMENT(S) 1. Staff Report -BCHD 1 PUD 4-21-23 (PDF) 2. Attachment A -Proposed BCHD PUD Ordinance 5-9-23 (PDF) 3. Attachment B-Master Plan with Supplemental Buffer Location 4-21-23 (PDF) 4. Attachment B-1-BCHD 1 PowerPoint 5-4-23 (PDF) 5. Attachment C-NIM Summary 2-3-23 (PDF) 6. [Linked] Attachment D-Application (PDF) 7. Letter of Objection 5-10-23 (PDF) 8. Sign Posting Affidavit and Exhibit (PDF) 9. legal ad - agenda IDs 25462 & 25468 (PDF) Packet Pg. 87 9.A 06/13/2023 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 25462 Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending the BCHD 1 Commercial Planned Unit Development (CPUD), by adding 2.69 acres± to the CPUD; adding 130,000 square feet of indoor self -storage and reducing commercial uses from 200,000 square feet to 100,000 square feet of gross floor area. The property is located approximately one-half mile north of Randall Boulevard on the west side of Immokalee Road, in Section 22, Township 48 South, Range 27 East, with the entire PUD consisting of 21.82 acres. (Companion to item 9B) [PL20220003428] Meeting Date: 06/13/2023 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 05/09/2023 4:28 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bost 05/09/2023 4:28 PM Approved By: Review: Zoning Ray Bellows Additional Reviewer Zoning Mike Bosi Division Director Growth Management and Community Development Department Diane Lynch Growth Management and Community Development Department James C French County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 05/11/2023 10:39 AM Completed 05/15/2023 11:29 AM Growth Management DepartmentCompleted 05/17/2023 1:08 PM Growth Management Completed 05/26/2023 4:35 PM Completed 05/31/2023 11:46 AM Completed 05/31/2023 12:03 PM Completed 05/31/2023 1:56 PM Completed 06/04/2023 4:06 PM Completed 06/07/2023 11:40 AM 06/13/2023 9:00 AM Packet Pg. 88 9.A.1 Coibe' r County �- STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: MAY 4, 2023 0 a SUBJECT: PUDR-PL20220003428, BCHD I COMMERCIAL PLANNED UNIT c DEVELOPMENT (CPUD) (COMPANION TO GMPA-PL202220003426,cm IMMOKALEE ROAD ESTATES SUBDISTRICT GROWTH MANAGEMENT a PLAN AMENDMENT (GMPA)) 0 r as a PROPERTY OWNER/APPLICANT AND AGENTS: c r- 0 N Property Owner: BCHD Partners I, LLC to 2600 Golden Gate Parkway N Naples, FL 34105 M N AAaents: Christopher Scott, AICP Noel J. Davies, Attorney o Peninsula Engineering, Inc. Davies Duke, PLLC a 2600 Golden Gate Parkway 2375 Tamiami Trail North, Suite 306 c Naples, FL 34105 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance amending Ordinance Number 2021-20, the BCHD 1 Commercial Planned Unit Development (CPUD), by adding acreage and uses; by amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 2.69± acres of land zoned Estates (E) to the BCHD 1 Commercial Planned Unit Development (CPUD); by adding 130,000 square feet of gross floor area of indoor self - storage; by reducing commercial uses from 200,000 square feet to 100,000 square feet of gross floor area; by amending the master plan; by amending the legal description; by adding a deviation to off- street parking design; by updating development commitments; and by providing an effective date. PL20220003428. BCHD I CPUD April 6, 2023 Page 1 of 15 Packet Pg. 89 Wand wHa8 8ZVEOOOZZOZId - UOIWad 6uIUOZ : Z9b9Z) EZ-�Z-b and 4 aHaB- podau jjej$ :juauayaejjv m � s dC W U = C' 2 m fv 8 tl wa ary w �! a o a LL �4 m 3 Yy W ❑ pp G en {� �y 01 W C; '— �_ OYG4133idYbllWl �.. r _ .r w _ I Id ! u oa. + j 1 l i rc ta ❑ L W lYtliil ll3l$'JS+�M yo-��--�__J I` 1 W+ feu ?yw F�it i ui+ I w iLU + + + + e a ! ! + + Ii _ CL 3 Elf I + ` LLJ X U) y + + • I W ¢ ❑ 1 —.1_—.—. —.— w m W m j m - O Y w o ❑ Ga �J L.—.— —�J F ❑ La W W W W W r W j WIc u d toCL Li LU O N : L * r1En ' G ji Z W U fl _ V Z 3'N133ii1SM1 mo W � PI-20220003428. 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MASTER PLAN PI-20220003428, BCHD I CPUD April 6, 2023 Page 4 of 15 9.A.1 GEOGRAPHIC LOCATION: The subject PUD, consisting of 21.82± acres, is located approximately one-half mile north of Randall Boulevard on the west side of Immokalee Road in Section 22, Township 48 South, Range 27 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to rezone a 2.69± acre Estates (E) zoned parcel and add it to the BCHD 1 Commercial Planned Unit Development (CPUD). The original BCHD 1 CPUD was 19.13± acres and was approved on April 27, 2021, in Ordinance 2021-20. The petitioner also proposes to decrease the commercial area from 200,000 square feet of commercial area to 100,000 square feet of commercial area and to add 130,000 square feet of indoor self -storage area. A deviation related to the location of parking is being requested. For further information, please see the Deviation Section of this Staff Report located on page 14. A previously approved PUD Commitment 6. h. related to an outside party acquiring the westernmost parcel of the property has been modified. The Development Standards remain the same as previously approved. See Attachment A —Proposed PUD Ordinance. This is a companion item to GMPA-PL202220003426, Immokalee Road Estates Subdistrict GMPA. SURROUNDING LAND USE AND ZONING: North: Undeveloped land with a zoning designation of Estates (E) East: Immokalee Road, a six -lane arterial roadway and then developed and undeveloped single- family residential with a designation of Orange Tree PUD South: Developing land with a zoning designation of Randall Curve MPUD which proposes a maximum of 400 residential dwelling units and 150,000 s.f. of commercial area. West: Undeveloped land and developed single-family residences with a zoning designation of Estates (E) P1_20220003428, BCHD I CPUD April 6, 2023 Page 5 of 15 Packet Pg. 93 9.A.1 0 IL M N V_ N AERIAL PHOTO ti 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 subject to the adoption of the companion GMPA. Transportation Element: The Transportation Planning staff has evaluated the proposed PUD Rezone. The changes include reducing the Commercial Use floor area from 200,000 square feet to 100,000 square feet and adding 130,000 square feet of Indoor Self -storage Use. There are no proposed revisions to the approved Trip Cap. However, the proposed development scenario may potentially result in fewer trips on the adjacent roadway network. The changes present no transportation -related issues with consistency. Therefore, the Transportation Planning staff finds the petition consistent with the GMP. Conservation and Coastal Management (COME): Environmental Review staff has found this petition to be consistent with the Coastal and Conservation Element (CCME). The project site P1_20220003428, BCHD I CPUD April 6, 2023 Page 6 of 15 Packet Pg. 94 9.A.1 consists of 21.70± acres of native vegetation. A minimum of 3.26± acres (15%) of native vegetation is required to be preserved. GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the GMP subject to the approval of the companion GMPA. 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.S., 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 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 "Rezone Findings and PUD Findings." In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The required preserve is 3.26 acres (15% of 21.70 acres); the Master Concept Plan provides for a 3.26-acre preserve onsite. Although no listed animal species were observed on the property, the environmental data indicates the proposed project is in an area that has the potential to contain a variety of protected animal species. The proposed project is located within the U.S. Fish and Wildlife Service (FWS) consultation area for Bonneted Bats (Eumops floridanus). Seven trees with cavities were observed; however, no evidence was found indicating the trees were being utilized by Bonneted Bats. The property contains potential habitat for Eastern indigo snake (Drymarchon corais couperi). Consultation with the US Federal Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWCC) regarding guidelines and permitting requirements will be required prior to construction. 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. Finally, Northern needleleaf (Tillandsia balbisiana), Stiff -leafed wild -pine (Tillandsia fasciculata), and butterfly orchid (Encyclia tampensis), listed as a `Less Rare Plants,' have been observed on the property and will be protected in accordance with LDC 3.04.03. 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. The commercial uses listed in the `BCHD I CPUD Permitted Uses Exhibit A" are allowed uses within the W-4 zone. Some commercial uses (i.e., gas stations, dry cleaners, etc.) have the potential to impact groundwater and surface water. Due to the proximity of this property to private drinking water wells, Pollution Prevention Best Management Practices (BMPs) must be provided at the PL20220003428, BCHD I CPUD April 6, 2023 Page 7 of 15 Packet Pg. 95 9.A.1 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 and recommends approval. Utilities Review: The project lies within the regional potable water and north wastewater service areas of the Collier County Water -Sewer District (CCWSD). Water and wastewater services are readily available via existing infrastructure along the project's frontage on Immokalee Road. 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 reviewing the appropriateness 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 heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. 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 surrounding land uses remain the same as when the BCHD 1 CPUD was originally approved on April 27, 2021. The land to the north of the proposed 21.82± acres (the additional 2.69± acres plus the original 19.13± acres) BCHD 1 CPUD is undeveloped Estates (E). The land across Immokalee Road and to the east is developed and undeveloped single-family homes. The landscape buffering for the land to the south, which is the proposed Randall Curve MPUD, will be determined at the time of SDP once the final land use at Randall Curve MPUD is determined. A 15-foot wide Type B Landscape Buffer will separate the single-family dwelling units in the Estates to the west from the proposed development. The portion of the site which protrudes into the Estates to the west is an open space and water management area and is the subject of the revision to PUD Commitment 6.h. which has been revised to reflect the sale of the parcel to the adjacent neighbor to the west of the parcel. The additional 2.69± acre parcel to the north will be primarily used for preserve area. It has come to staff s attention during the subject NIM and through neighborhood complaints related to the CPUD to the south, that the minimum code 15-foot wide Type B Landscape Buffer next to the Estates properties is not adequate in locations where there is no preserve area also separating the commercial development from the Estates properties. Therefore, staff is recommending the following Condition of Approval: P1_20220003428, BCHD I CPUD April 6, 2023 Page 8 of 15 0 IL M N N Packet Pg. 96 1. The Type B Landscape Buffer along the west property line shown on the Master Plan shall be supplemented with a 6-foot high wall and clusters of 3 palm trees. The clusters of palm trees shall be staggered at a minimum of 16-24 foot overall height (o.a.h) and located between the required tree plantings. (See Attachment B-Master Plan with Supplemental Buffer Location) REZONE FINDINGS: 0 a 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 all applicable elements of the FLUE of the GMP subject to staffs condition of approval and upon adoption of the companion GMPA. 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 developed and undeveloped residential and developing commercial. The property located to the west and to the east across Immokalee Road is designated for residential. The property to the south is a developing mixed -use PUD. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. M N The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent N and nearby districts. It is also comparable with expected land uses by virtue of its consistency with o the FLUE of the GMP subject to staff s condition of approval and upon adoption of the companion a GMPA. 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 additional property with commercial land uses. P1_20220003428, BCHD I CPUD April 6, 2023 Page 9 of 15 Packet Pg. 97 9.A.1 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD Rezone, can be deemed consistent with the County's land -use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP subject to staff s condition of approval and the adoption of the companion GMPA. Development of the proposed PUD Rezone in compliance with staff s condition of approval should not adversely o impact living conditions in the area. a 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning pending the adoption of the companion GMPA. 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. 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. M N It is anticipated that the proposed PUD Rezone will not reduce light and air to adjacent areas inside or outside the PUD. o a. 10. Whether the proposed change would adversely affect property values in the adjacent area. 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; therefore, staff is recommending a condition of approval requiring additional landscaping where the minimum code required landscape buffer is not sufficient. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all of the development standards in the LDC is that their sound application, when 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. P1_20220003428, BCHD I CPUD April 6, 2023 Page 10 of 15 Packet Pg. 98 9.A.1 12. W ether 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 staff condition of approval and 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. W ether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed expansion cannot be achieved without rezoning the property. 14. W ether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed PUD Rezone is not out of scale with the needs of the neighborhood or County. 15. W ether 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 own 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 considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or PPL processes, and as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and staff has concluded that the developer has provided appropriate commitments so that the impacts to the Level of Service (LOS) will be minimized. PL20220003428, BCHD I CPUD April 6, 2023 Page 11 of 15 Packet Pg. 99 9.A.1 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.13.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria:" 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 Immokalee Road and a wastewater main is also available along Immokalee Road. 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 utility 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. 0 a M Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP 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. a 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 has found this petition consistent with the overall GMP upon adoption of the companion GMPA. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. It has come to staff s attention during the subject NIM and through neighborhood complaints related to the CPUD to the south, that the 15-foot wide Type B Landscape Buffer next to the Estates properties is not adequate. Therefore, staff is recommending the following Condition of Approval: P1-20220003428, BCHD I CPUD April 6, 2023 Page 12 of 15 Packet Pg. 100 9.A.1 1. The Type B Landscape Buffer along the west property line shown on the Master Plan shall be supplemented with a 6-foot high wall and clusters of 3 palm trees. The clusters of palm trees shall be staggered at a minimum of 16-24 foot o.a.h. and located between the required tree plantings. (See Attachment B-Master Plan with Supplemental Buffer Location.) S. The adequacy of usable open space areas in existence and as proposed to serve the development. o a. 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. 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. Collier County has sufficient treatment capacity for water and wastewater services to the project. Conveyance capacity must be confirmed at the time of development permit application. 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 N potable water and wastewater mains, to accommodate this project. M N 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 o purposes to a degree at least equivalent to literal application of such regulations. a. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking one deviation related to the location of parking. Please, refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviation. Deviation Discussion: The petitioner is seeking one additional deviation, Deviation #4, from the requirements of the LDC. The deviation is directly extracted from PUD Exhibit E. The petitioner's rationale, and staff analysis/recommendation are outlined below. PL20220003428. BCHD I CPUD April 6, 2023 Page 13 of 15 Packet Pg. 101 9.A.1 Deviation 94 "Deviation #4 seeks Relief from LDC Section 5.05.08.F.2.b.ii.b) which requires projects on corner lots to provide no more than 80 percent of the off-street parking for the entire commercial building or project to be located between any primary fagade and the abutting street, with no single side to contain more than 65 percent of the required parking to instead allow a commercial project to provide 100 percent of the required parking between the primary fagade and abutting street when in support of a shopping center adjacent to Immokalee Road. o a. Petitioner's Justification: The petitioner states the following in support of the deviation: The northern commercial tract of the PUD is a corner lot with street frontages along Immokalee Road to the east and Orangetree Boulevard to the south and preservation areas to the north and west. As required by the PUD Commitment 3.c., a vehicular and pedestrian interconnection is to be provided to the existing Estates zoned properties to the north consistent with the PUD Master Concept Plan. This access point is located on the northeast corner of the PUD, adjacent to Immokalee Road. The commercial tract is anticipated to be developed as a commercial shopping center. The proposed shopping center is proposed to be located on the western boundary of the tract with direct access and exposure to Immokalee Road which is necessary to remain viable in the marketplace. This layout allows for the required interconnection to the north and logically locates the loading and service uses ("back of house') adjacent to the preservation tract where it can be screened from the adjacent roadways and residential uses. The deviation is necessary to provide a smooth traffic flow that minimizes hazards for vehicular and pedestrian traffic. The parking area will be adequately screened from Immokalee Road with a 20 foot wide Type D buffer. PL20220003428. BCHD I CPUD April 6, 2023 M N V— N i i� Page 14 of 15 Packet Pg. 102 9.A.1 Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." 0 NEIGHBORHOOD INFORMATION MEETING (NIM): a The applicant conducted a NIM meeting on January 26, 2023, at University of Florida/IFAS Extension Office (Multi -purpose Room), 14700 Immokalee Road, Naples, Florida. Approximately 20 people were in attendance. For further information please see Attachment C-NIM Summary. A concern was raised regarding the 4th Street N.E. Estates residents' view of the commercial development. Staff recommends the following Condition of Approval: 1. The Type B Landscape Buffer along the west property line shown on the Master Plan shall be supplemented with a 6-foot high wall and clusters of 3 palm trees. The clusters of palm trees shall be staggered at a minimum of 16-24 foot o.a.h. and located between the required tree plantings. (See Attachment B-Master Plan with Supplemental Buffer Location) COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for this petition on April 4, 2023. RECOMMENDATION: M N Planning and Zoning Review staff recommends that the CCPC forward Petition PUDR- N PL20200000546, BCHD I CPUD to the BCC with a recommendation of approval subject to the adoption of the companion GMPA and the following Conditions of Approval: a. 1. The Type B Landscape Buffer along the west property line shown on the Master Plan shall be supplemented with a 6-foot high wall and clusters of 3 palm trees. The clusters of palm trees shall be staggered at a minimum of 16-24 foot o.a.h. and located between the required tree plantings. (See Attachment B-Master Plan with Supplemental Buffer Location) Attachments - Attachment A -Proposed PUD Ordinance Attachment B-Master Plan with Supplemental Buffer Location Attachment C-NIM Summary Attachment D-Application PL20220003428. BCHD I CPUD April 6, 2023 Page 15 of 15 Packet Pg. 103 9.A.2 ORDINANCE NO. 2023- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2021-20, THE BCHD I COMMERCIAL PLANNED UNIT DEVELOPMENT, BY ADDING ACREAGE AND USES; BY AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 2.69t ACRES OF LAND ZONED ESTATES (E) TO THE BCHD 1 COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD); BY ADDING 130,000 SQUARE FEET OF GROSS FLOOR AREA OF INDOOR SELF -STORAGE; BY REDUCING COMMERCIAL USES FROM 200,000 SQUARE FEET TO 100,000 SQUARE FEET OF GROSS FLOOR AREA; BY AMENDING THE MASTER PLAN; BY AMENDING THE LEGAL DESCRIPTION; BY ADDING A DEVIATION TO OFF-STREET PARKING DESIGN; BY UPDATING DEVELOPMENT COMMITMENTS; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED APPROXIMATELY ONE-HALF MILE NORTH OF RANDALL BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD, IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA WITH THE ENTIRE PUD CONSISTING OF 21.82f ACRES. [PL20220003428] WHEREAS, BCHD PARTNERS I, LLC, represented by Chris Scott of Peninsula Engineering, Inc., and Noel Davies, Esq. of Davies & Duke, PLLC petitioned the Board of County Commissioners to amend the CPUD and change the zoning classification of the additional herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Zoning Classification. The zoning classification of approximately 2.69± acres of the herein described real property located in Section 22, Township 48 South, Range 27 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district together with the existing BCHD I CPUD for a 21.82± acre project to be known as BCHD 1 CPUD, in accordance with the revised Exhibits A-F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, [22-CPS-02278/1781695/1] 75 BCHD 1 / PL20220003428 1 of 2 5/9/23 Packet Pg. 104 9.A.2 as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. 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. becomes effective. 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 By: Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - [22-CPS-02278/1781695/1] 75 BCHD 1 / PL20220003428 5/9/23 Permitted Uses Development Standards Master Plan Legal Description Deviations Developer Commitments 2 of 2 2023. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman Packet Pg. 105 9.A.2 EXHIBIT A BCHD I CPUD PERMITTED USES A maximum of 200,000 100,000 square feet of gross commercial floor area and 130,000 square feet of indoor self -storage floor area shall be permitted within the CPUD. The uses are subject to the trip cap identified in Exhibit F, Section 3.a of this PUD. COMMERCIAL: A. Principal Uses: 1. All permitted and conditional uses in the C-1 through C-3 Zoning Districts of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended), except those uses identified as prohibited in item C. below. 2. Carwashes (7542) 3. Medical and dental laboratories (8071 and 8072) 4. Motor freight transportation and warehousing (4225, indoor air-conditioned mini- and self - storage warehousing only) 5. Nursing and professional care facilities (8051, 8052, 8059) 6. 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. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this CPUD document. 2. Water management facilities to serve the project such as lakes. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 4. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this CPUD as determined by the BZA or the Hearing Examiner. C. Prohibited Uses and Structures: 1. Any use that would be subject to regulation under Ordinance No. 91- 83 and any amendment or successor ordinances thereto regulating sexually oriented businesses. 2. 7361— Employment Agencies, only labor contractors Words underlined are additions; words stritek through are deletions BCHD 1 PUDA, PL20220003428 Last Revised 51912023 Pag 9 in Packet Pg. 106 9.A.2 3. 7363— Help Supply Services, only: Labor pools; Manpower pools 4. Homeless shelter, as defined by the LDC. 5. Soup kitchens, as defined by the LDC. 6. 8063— Psychiatric Hospitals. For the avoidance of any doubt, psychiatric hospitals, including drug/ alcohol rehabilitation facilities shall be prohibited. 7. 8069 — Specialty Hospitals, Except Psychiatric, only: alcoholism rehabilitation hospitals; drug addiction rehabilitation hospitals; rehabilitation hospitals drug addiction and alcoholism; tuberculosis and other respiratory illness hospitals. 8. 8322 — Individual and Family Social Services, only: alcoholism counseling, nonresidential; crisis center; crisis intervention centers; hotlines; offender rehabilitation agencies; offender self- help agencies; outreach programs; parole offices; probation offices; public welfare centers; referral services for personal and social problems; refugee services; self-help organizations for alcoholic and gamblers; settlement houses. PRESERVE: A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting, as per LDC requirements. 3. Passive Recreation areas, as per LDC requirements. 4. Water management and water management structures, as per LDC requirements. Words underlined are additions; words stritek through are deletions BCHD 1 PUDA, PL20220003428 Last Revised 51912023 Pag 9 in Packet Pg. 107 9.A.2 EXHIBIT B BCHDICPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the BCHD I CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Immokalee Road ROW 25 ft. SPS From Northern Project Boundary 30 ft. SPS From Wester Project Boundary* 50 ft. 25 ft. From Southern Project Boundary 25 ft.**** 25 ft.**** MINIMUM YARDS (Internal) Internal Drives/ROW 10 ft. 10 ft. Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft.** 20 ft.** Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES Y2 the sum of building heights 10 Ft. MAXIMUM HEIGHT*** ZONED ACTUAL ZONED JACTUAL 45 ft. 55 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft.*** MAXIMUM GROSS COMMERCIAL AREA 200,000 100,000 sq. ft. and 130,000 sq. ft. indoor self storage * Setback from 4th Street N. E. shall be 200 feet for any principal use and 200 feet for any accessory use. * * No structure may be located closer than 20 feet to the control elevation of a lake (allowing for the required minimum 20-foot wide lake maintenance easement). *** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. **** May be reduced to zero feet if developed as a unified plan with the adjacent property to the south. Words underlined are additions; words true'�gh are deletions BCHD I PUDA, PL20220003428 Last Revised 51912023 Pag Packet Pg. 108 - uoi}i}ad 6uiuoZ : Z9179Z) £Z-6-9 eoueuipa0 and aHOS posodoad-V }ua N OOZ=,l:3lVos U W U J w Q OV W Z Z W a M n 0¢ a� ° Ug vN aW �Z ~ Z WO Ww aLU az J L) _U 2 LLJ U,w a �O � Q W z Z) > �viLU M w0 O m M ° ° Q 0 a a � 04 a% M 00 Z m — — — -- --�-- Via: ❑r - LLIo - — Q° W z . 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C'L X M m N 0 o 06 0 0 rn 0 0 o CO Q Q Q Q Q Q +I N (+II N Q N O N h IR N > CN Q N C 11 w a C/) Q EL U) W z LLJ ~ ° W d trz^ U a o LU a� w VJ a K z> Q w W LUW Q LL fn W W i L J O W m U U a 2 Q a ° 3 Q a L) Q J z W a a ❑ z a Cn z W 2 W U)O o Z C7 W 0� O� a LU >¢ } W Z a � +I zN O >- Cl) Z u U W ui U n ai w w U_ LLLJ U) W W 0 O o O O x° LU LL W U Q p ❑ Q Q Lugo w o w O U J Q z ° j� _ o LL (C;O U)Q U H Lo ( _ J Q N > m O O� a'JLL Oaw U = ~ ~❑ 0 J LZL I LL > o F- W LU � Q LLw0' 20 d O � ❑ wo U oz C 2i 0 LU (n W; => LU 0 wJ (n Jo 2 U 00 U Z 0 K 0 WO Z)W > O O LU LL LL d 0 0 Q > a > U) z LLLL Ili LL W of a C7 of O W W LU in in w F- W Cl) = � W � W w � Cl) 200 dw a Q � X� W > Qoo w a a �� 2 I Lo U N 0 0 V Z O U LU U) cl J O 0-1 LL LL W J W Of 0 0 U) LU H O U Z Z Q CO J X ry LLJ W U) 9.A.2 EXHIBIT D BCHDICPUD LEGAL DESCRIPTION Simi Lim Kf""Wal Di _ . ... . RINIVAIrdim , .. ... ■ . . . 1 It. .. ■ . . , .. ■ ■ , .. . .. , . . . . . , . . . . .. . . . , ., . ..1, MAI Offilf M1. ., . . _R.P ROMM IM A.� . . ....._ .� „i i, ALL THAT PART OF TRACT 116, TRACT 118, TRACT 119, TRACT 120, AND TRACT 121, GOLDEN GATE ESTATES UNIT NO. 22, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: d Words underlined are additions; words s,, °•e' throtigh are deletions BCHD I PUDA, PL20220003428 Last Revised 51912023 Pa; Packet Pg. 111 9.A.2 BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 118; THENCE ALONG THE WEST LINE OF SAID TRACT 118 AND TRACT 119, NORTH QW29'58" WEST 479.95 FEET; THENCE LEAVING SAID LINE, SOUTH 89°30'56" WEST 645.95 FEET; THENCE NORTH 00°29'15" WEST 180.11 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 116; THENCE ALONG SAID NORTH LINE, NORTH 89°30'56" EAST 645.92 FEET TO THE SOUTHWEST CORNER OF AFOREMENTIONED TRACT 120; THENCE ALONG THE WEST LINE OF SAID TRACT 120 AND TRACT 121, NORTH 00-29,58" WEST495.16 FEET TO THE NORTHWEST CORNER OF THE SOUTH %2 OF TRACT 121; THENCE ALONG THE NORTH LINE OF THE SOUTH 1/2 OF TRACT 121, NORTH 89°30'56" EAST 704.18 FEET TO A POINT ON THE WEST LINE OF "PARCEL 183" AS DESCRIBED IN THAT ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 3431, PAGE 495, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID "PARCEL 183", SOUTH 02°17'42" EAST 165.14 FEET TO THE NORTHWEST CORNER OF "PARCEL 183" AS DESCRIBED IN THAT ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 3431, PAGE 993, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE ALONG THE WEST LINE OF SAID "PARCEL 183", SOUTH 02°17'42" EAST 330.28 FEET TO THE NORTHWEST CORNER OF "PARCEL 181" AS DESCRIBED IN THAT ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 3111, PAGE 500, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE ALONG THE WEST LINE OF "PARCEL 181" AND "PARCEL 180" OF ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 3111, PAGE 500, SOUTH 02°17'42" EAST 503.85 FEET; THENCE CONTINUE ALONG THE WEST LINE OF SAID ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 3111, PAGE 500, 156.29 FEET ALONG THE ARC OF A NON -TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,769.79 FEET THROUGH A CENTRAL ANGLE OF 03°13'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 00°40'27" EAST 156.26 FEET TO THE SOUTHWEST CORNER OF SAID "PARCEL 180"; THENCE ALONG THE SOUTH LINE OF AFOREMENTIONED TRACT 118, SOUTH 89-30'02" WEST 735.97 FEET TO THE POINT OF BEGINNING. CONTAINING 21.82 ACRES. MORE OR LESS. d Words underlined are additions; words sti-ttek throtigh are deletions BCHD I PUDA, PL20220003428 Last Revised 51912023 Pa; Packet Pg. 112 9.A.2 EXHIBIT E BCHD I CPUD DEVIATIONS FROM THE LDC DEVIATION 1: Relief from LDC Section 5.06.04.F.3., "Directory Signs", which permits Multiple -occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area shall be permitted 1 directory sign a maximum of 1-8 20 feet in height and a maximum of 1-00 200 square feet at one entrance on each public street, to instead allow a single directory sign where fewer than 8 independent units are developed under a unified plan. DEVIATION 2: Relief from LDC Section 6.06.01. — "Street System Requirements" and "Appendix B, Typical Street Sections and Right -of -Way Design Standards". The LDC establishes a minimum 60- foot right of way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or Right -of -Way. DEVIATION 3: Relief from LDC Section 4.06.02.C.4. — "Buffer Requirements — Types of buffers", which requires a landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right- of -way. Where the ultimate width of the right- of -way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape Buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development to instead allow installation of a 15 foot wide type'B' buffer adjacent to the internal lake as shown on the conceptual PUD Master Plan. This deviation rhall any applies to 4—the westernmost 361 feet of the westerly portion of the PUD (a.k.a. north 180 feet of Tract 116, Golden Gate Estates Unit 22 subdivision), which is the single western parcel immediately abutting 4th ST. NE, +s which was acquired on or before August 31, 2021, by the adjacent single-family homeowner to the north (a.k.a. the south half of Tract 115, Golden Gate Estates Unit 22 subdivision). DEVIATION 4: Relief from LDC Section 5.05.08.F.2.b.ii.bl which reauires oroiects on corner lots to provide no more than 80 percent of the off-street parking for the entire commercial building or project to be located between any primary facade and the abutting street, with no single side to contain more than 65 percent of the required parking to instead allow a commercial proiect to provide 100 percent of the required parking between the Words underlined are additions; words stritek through are deletions BCHD 1 PUDA, PL20220003428 Last Revised 51912023 Pag 9 in Packet Pg. 113 9.A.2 primary facade and abutting street when in support of a shopping center adjacent to Immokalee Road. Words underlined are additions; words stritek through are deletions BCHD 1 PUDA, PL20220003428 Last Revised 51912023 Pag Packet Pg. 114 9.A.2 2. 3 EXHIBIT F BCHD I CPUD DEVELOPMENT COMMITMENTS PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is BCHD I Partners, LLC, 2600 Golden Gate Parkway, Naples, FL 34105. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the 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. MISCELLANEOUS All other applicable state or federal permits must be obtained before commencement of the development. b. 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. C. 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 thejoint property line where adjacent to residential property (i.e. not applicable to Immokalee Rd). All buildings shall be of similar architectural design and have similar design elements TRANSPORTATION The total daily trip generation for the PUD shall not, exceed 6K 475 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. Words underlined are additions; words stritek through are deletions BCHD 1 PUDA, PL20220003428 Last Revised 51912023 Pag Packet Pg. 115 9.A.2 4. 5 N. b. Vehicular and Pedestrian interconnection will be provided to the south to allow access to all connection points with Immokalee Road, consistent with the conceptual PUD Master Plan, Exhibit C. The final location of the access point will be coordinated with the adjacent property owner and a cross- access easement will be provided at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be o constructed to the property line by the developer or successors or assigns prior to the a first Certificate of Occupancy. C. Vehicular interconnection will be provided to the north consistent with the conceptual PUD Master Plan, Exhibit C. The final location of the access point will be coordinated with the adjacent property owner and a cross- access easement will be provided at time of Site Development Plan for the commercial outparcel(s) north of the signalized entry road. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns at the time the outparcel(s) is developed and completed prior to Certificate of Occupancy. Sidewalks connecting to the Immokalee Road ROW shall be provided on both the north and south sides of the entrance road/ drive. ENVIRONMENTAL a. The CPUD shall be required to preserve 15% of native vegetation. 19.0121.70 ± acres of native vegetation exists on -site requiring a minimum preservation of 2-.8& 3.26 ± acres (19.01 21.70 x .15 = 2-.853.26). A minimum of 2-.95 3.26 ± acres of native vegetation shall be retained on -site. b. A management plan for Florida Black Bear shall be submitted for review and approval at time of final plat or SDP for the project, whichever is applicable. LANDSCAPING 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. In order to meet the LDC requirements for a Type 'B' buffer a 6 foot wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planning within the preserve, plantings will be provided in the 6 foot wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or Plat and included on the landscape plans for the SDP or Plat. SPECIAL CONDITIONS No adult orientated sales are permitted. b. Outdoor amplified sound shall be limited to areas labeled C on the Master Plan adjacent to Immokalee Road and at least 500 feet from adjacent western residential parcels. There will be no outdoor amplified sound between the hours of 9 p.m. and 8 a.m. weekdays and 10 p.m. and 8 a.m. on weekends. C. There will be no outdoor dining adjacent to residential properties. Words underlined are additions; words stritek through are deletions BCHD 1 PUDA, PL20220003428 Last Revised 51912023 Pag Packet Pg. 116 9.A.2 Delivery bays shall not abut external residential development. All pole lighting shall be limited to flat full cutoff shields. All buildings shall be designed with unifying architectural design elements. No commercial structures will be constructed on the westerly portion of the PUD (a.k.a. north 180 feet of Tract 116, Golden Gate Estates Unit 22 subdivision), which is the single western parcel immediately abutting 4th St. NE. This area will be used for native preservation, stormwater management or buffer areas only; however, the immediately adjacent single family homeowner to the north (a.k.a. the south half of Tract 115, Golden Gate Estates Unit 22 subdivision) may establish a driveway for the sole benefit and exclusive use of that homeowner's residential property. There shall be no access to commercial uses within the CPUD from 4th St. NE. c"^ -ld- t--1 e The westernmost 361 feet of the westerly portion of the PUD (a.k.a. north 180 feet of Tract 116, Golden Gate Estates Unit 22 subdivision), which is the single western parcel immediately abutting 4th ST. NE, bewas acquired by the property owner of the adjacent northern parcel (a.k.a. the south half of Tract 115, Golden Gate Estates Unit 22 subdivision) on or before August 31, 2021, that area and shall not be utilized for water management purposes and no buffers will be required on the northern, western and southern portions of that property. A 15 foot wide type 'B' landscape buffer will be provided east of the acquired portion of the property adjacent to the western end of the proposed water management area as shown on the Master Plan. In the event the seuth half A-f Traet 111155, Golden Gate Estates Unit 22 subdivisien) en eF befGFe August , 2021, then that area may be utilized feeir %A.Fateeir management puFpeses and buffer-s Shall Owner will install chain link fencing around the lake as required by the LDC or Code of Laws and Ordinances at time of Site Development Plan approval. Words underlined are additions; words stritek through are deletions BCHD 1 PUDA, PL20220003428 Last Revised 51912023 Page Packet Pg. 117 6uiuoZ : Z9ti5Z) £Z-6Z--p uoi}e3o-1 ja}}n8 le}uewelddnS 4}inn Mid a04Sew-8 M OOZ = , l :3lvos U W U J w Q pV W Z Z W a M n 0¢ a� ° Ug vN > �viN M of 0 O m W M ° ❑ Q 0 a a � 04 a% M 00 Z m — — — -- --�--� Via: ❑r - LLIo - — Q° W z . 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N a� N= v 4-' ' }o ° E , Co O v� = v N N� O v +� +-' p O >, N O O N l0 O- m u 4- n E o N W on v C: — m O +.+ +-' ca Olu D CD N ca � N� N v V m E V (uvQ� 0- (N (6 rl I - Ilf IMAJ R11111f17' 7W L71 C7-4,-C 1111AJ19kMf1J 1 AUTO-1-d 111A11111'1D71N'111A11111'1D71N 9A.5 PENINSULA tj ENGINEERING Memorandum Date: February 3, 2023 To: Nancy Gundlach, AICP, PLA, CSM From: Christopher Scott, AICP RE: Immokalee Road -Estates Commercial Subdistrict GMPA/BCHD I PUDR (PL20220003426/PL20220003428) A Neighborhood Information Meeting (NIM) was conducted for the above referenced project on Thursday, January 26, 2023 at 5:30 pm at the OF/IFAS Extension, located at 14700 Immokalee Road. Approximately 20 individuals from the public attended the meeting (see attached sign -in sheet). The meeting was simultaneously conducted through Zoom. Individuals associated with the project team that were in attendance included the following: • Christopher Scott, Peninsula Engineering • Noel J. Davies, Davies Duke, PLLC • Eric Mallory, Metro Commercial Chris Scott opened the meeting at 5:38 pm and provided a PowerPoint presentation outlining the details of the proposed Growth Management Plan Amendment and Planned Unit Development Rezoning. Following the presentation, the meeting was opened to attendees for comments and questions. The following is a summary of the questions asked, and comments made, by the attendees and responses given by the project team. Question/Comment: (John Pelletier, 2961 4th St NE). It's great to see this many people here for this meeting; two years ago there were only three people. Couple things ... what was meant by "fewer trips?" Response: The original PUD was approved for 200,000 sf of commercial floor area. When a PUD application is submitted they are required to submit a traffic study to analyze how many trips would be created. The approved TIS with this PUD used 200,000 sf of a commercial shopping center to determine how many trips would be generated. We're now revising the PUD from 200,000 sf of total commercial floor area to specify 130,000 sf of indoor self -storage floor area, which is already a permitted use, and 100,000 sf of other commercial floor area. Since the storage use is such a low traffic generator, the proposed amendment will result in fewer trips than what was originally approved. We're not proposing to change the trip cap that was established as part of the approved PUD. PL20220003426/PL20220003428 BCHD I PUDR NIM Summary Page 1 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 packet Pg. 131 9.A.5 PENINSULAt� ENGINEERING My only request, is that if you have to redo this Master Concept Plan, is that you provide more buffering where it is adjacent to the Estates lot. I know it says Type B, but I would recommend adding some three palms between the trees and hedge that are required. The 47-acres has four-story apartment buildings going in and I just wanted something so I wasn't looking directly at them. There is a Site Development Plan application already in for the self -storage. We are not proposing any changes to the buffers as part of this application. The Collier County LDC requires a Type B buffer, which is one of the more intense buffers in this location. This buffer is 15-feet wide and includes a five foot hedge with trees spaced 25 feet on center. For clarification, the four-story apartments are part of the development to the south known as Randall Curve MPUD. Question/Comment: (Freddie Brantley, 3357 Mystic River Dr) Are the four-story apartments three stories over parking or four living floors? Response: (Chris Scott) My understanding is that is four living floors, but that is a separate project. Question/Comment: (Chad Everett) I have a couple questions. I know you say this is two separate developments, but we consider this all one project. First of all, are there two storage facilities planned or just one? This extra land, we call it "creep." It keeps creeping north. What is that road that goes to the north? Are you going to provide another road coming in and off of Immokalee Road? Response: (Chris Scott) I'm only aware of the self -storage facility within this (BCHD) development. In regards to the arrow on the Master Concept Plan, that points to the north. Collier County's Growth Management Plan required interconnection to adjacent properties, even if they aren't developed just to minimize the number of curb cuts going onto arterial roadways. This amendment continues to allow for that interconnection; it won't be made unless something to the north develops and wants to connect. Question/Comment: (Chad Everett) What is so important about adding these 2 additional acres? What are you going to do if you don't get approved? Response: The purpose of this addition is to allow the commercial area north of the entrance at Orangetree to allow for a more developable lot. The existing commercial site has preserve on the west side and is required to provide access through the lot to adjacent properties to the north. The additional land will allow for the commercial lot to be reconfigured to make it more developable. If the Amendment does not get approved, then development would need to meet the current development standards and fit within the approved commercial area. It is a net increase of 0.12-acres of commercial based on the acreages shown on the approved MCP. (Chad Everett) When does this commercial expansion stop? We need to stop this creep. I'm personally against this and will do everything I can to stop it. PL20220003426/PL20220003428 BCHD I PUDR NIM Summary Page 2 Packet Pg. 132 9.A.5 PENINSULAt� ENGINEERING 4 Question/Comment: (Ty Vigil, 180 33d Ave NE) As a commercial realtor, I'm in favor of development but it needs to be smart. The County just approved a transitional use plan and there should be appropriate flow from commercial to residential. We love the rural attributes of the Estates. Since these properties have been cleared, we're experiencing more wildlife in our areas. I'm for development just against this type. It should be developed but there's too much traffic and the apartments aren't even here yet. There are already crosses on the road and now more people will need to cross Immokalee to get to school. It doesn't meet the county resolution on transitional uses; it doesn't flow right... it goes commercial to residential. So, I don't really have a question, but I just have that statement to be recorded. Response: (Chris Scott) I will note that the location of the preserve and stormwater ponds are intended to provide a transition from the commercial development to the adjacent Estates properties. (Ty Vigil) There is damage to trees from where the property has been cleared and who replaces that. And someone will need to inspect and remove invasives. In this current form, I'm not against development, but I'm against this. Question/Comment: (Judy Womelsdorf, 3214 Brookeview Court) How much of the land is wetlands? Response: (Chris Scott) I don't have that information in front of me. The application includes environmental analysis and the preserve area being added has a considerable amount of wetlands. Any development that occurs, in regards to wetlands impacts, will need state and/or federal approval. (Judy Womelsdorf, 3214 Brookeview Court) Any wetland credits that are purchased for impacts go to the center of the state and don't help the local wildlife, flora and fauna. That's one concern I have with the request. I think the whole area was wetlands and I don't think they should be destroyed. Questions/Comment: (Dick Brewer, 287141" St NE) What type of buffer is provided on the southwest corner of the property between the commercial area and the adjacent Estates property. Right now from my front yard I can see all the way to Immokalee Road so I would like to some buffer so I don't see commercial buildings. Response: (Chris Scott) There is a 15-foot wide Type B buffer, as required by County Code, on the western boundary. That buffer includes trees spaced 25-feet on center and a five-foot tall hedge. The southern boundary is also a Type B buffer where it abuts residential uses and a 10-foot wide Type A buffer where it abuts other commercial uses. Question/Comment: (Name not provided) Have you cleared out all of the trees up to the boundary already? There are no trees on your side there currently where it backs up to a red barn. Response: (Chris Scott) The development has to meet stormwater requirements and get an Environmental Resource Permit approval from South Florida Water Management PL20220003426/PL20220003428 BCHD I PUDR NIM Summary Page 3 Packet Pg. 133 9.A.5 PENINSULAt� ENGINEERING District. In order to construct the required perimeter berms to make sure that stormwater remains on site, that area has been cleared. That buffer area will be planted in the future. Will there be a wall? (Chris Scott) I'm not sure about the specifics for the storage development; the LDC does not require a wall at this location and it was not a requirement of the PUD. (Eric Mallory) There is not a wall proposed with the storage building. Question/Comment: (Dan Brett, 6920 241" Ave NE) Have they submitted for a traffic light at the entrance (Chris Scott) There is an existing traffic signal at the main entrance from Immokalee Road at Orangetree Boulevard. That is the only access to the site. It was already approved and there is no request to change that with this application. There is no access to 4t" Street. The development will provide the required interconnection to the north and the south. Question/Comment: (Name not provided) It looks like they are doing some type of changes in there on Immokalee Road further south of the Orangetree Boulevard. (Chris Scott) Those improvements are associated with the adjacent PUD and I do not have details. You could check with Collier County to verify what improvements and access are required and approved for that development. Question/Comment: (Ty Vigil) Modify my comments a little bit in regards to C-1 through C-3 is a broad term of uses. Nursing and professional care and medical could help with the area. When we see carwashes and laboratories and self -storage and warehousing it leaves us a little uncomfortable. Not opposed to development, just do it smart. Jobs would make sense as commercial would help make self-sustaining communities as we head east. If there are jobs in medical, then that would make sense. Some uses are an emphatic no. Response: (Chris Scott) This amendment is primarily to reconfigure the commercial areas. It is not proposing to change any of the permitted uses that have already been approved for the development. Question/Comment: (Chad Everett) Can't you remove uses with this amendment? Since the developer wants more, why don't you make some concessions. Self -storage isn't needed. Bill told me this was going to be a medical place and now I hear about storage uses. Response: (Eric Mallory) I'll tell you where we're at. We have a range of uses, but its not done; people are still in their due -diligence period. With price increases, things can change. The property along Immokalee (bottom right) is actually two outparcels which will include a potential McDonalds at the intersection and then a larger outparcel below that is planned to be a medial office building. The southwest commercial area is proposed to be a self -storage; and there is only one self -storage between this PL20220003426/PL20220003428 BCHD I PUDR NIM Summary Page 4 Packet Pg. 134 9.A.5 PENINSULAt� ENGINEERING development and the adjacent PUD. North of the storage is another medical office building. There are two medical office buildings planned here. The northern C is why we are amending the PUD. We want to square up that lot and want to do a small shopping center. The deviation will allow parking up front. That is really all we are asking for. Our project is relatively small and discreet. Question/Comment: (No name provided) There was supposed to be a shopping center on Randall on the west side for a Publix and CVS. Why are we going to build another one here? Response: (Eric Mallory) I don't know anything about the shopping center you're talking about. This is a relatively small center. For example, a Publix is approximately 55,000 sf; the total square footage we're talking about here is 35,000 sf at most. It is a community shopping center that is likely to be anchored by a hardware store and a small one at that. A Home Depot or Lowes is approximately 100,000 sf. This is not that scale. This is to serve the community and we don't have any other retail proposed. Question/Comment: (No name provided) And no one seems to know anything about this 450 apartments. A couple years ago it was supposed to be a retirement community. Now we don't know if they're low rent apartment, cheaper or whatever. Is there any way to know what is going on? Response: (Eric Mallory) That developer is the Davis Group and it is a different developer. Question/Comment: (Ty Vigil) As you are explaining this, it is growing on me a smidge. I would just say we don't want nightlife. We are ok with hardware ... we just don't want that restaurant that is open until 2 am? Response: (Chris Scott) In looking at the Zoom chat, the only question is how to obtain a copy of the presentation. My contact information was on the letter and feel free to reach out to me and I'll send you a copy. Question/Comment: (Woody Brula, 2393 Orchard St) Are you the group that I got a draft of a lawsuit regarding the lot line? From what I'm reading is when they laid down the lots they put it in the wrong place. Response: (Eric Mallory) That is not this law firm, but it is from this developer. The monuments were in the wrong place. So from 4t" Street to Immokalee there is 30' missing. (Chris Scott) That affects all lots between 4t" Street and Immokalee. There was a surveying error when they were first putting down those roads from the original Golden Gate plat. The canal that is to the west is 30' larger than it should be and the land between 4tn and Immokalee is 30' smaller. That is a separate matter that isn't a part of this application. Question/Comment: (Judy Womelsdorf, 3214 Brookeview Ct) My biggest concern is the traffic. Getting out is difficult and if there was an emergency. What you have to go through just to get to Publix is awful. I don't see anyone ever addressing traffic. PL20220003426/PL20220003428 BCHD I PUDR NIM Summary Page 5 Packet Pg. 135 PENINSULA�- ENGINEERING (Chad Everett) I made this point last time and no one cares. The commissioners don't care about traffic; they don't live out here. We want this to stop; we don't want it to reach Oil Well. My goal is to stop this. The bears that live in this area; we now have four bear families living in our area. I understand what you're trying to do, but we need to stop it. Question/Comment: (No name given) Between Valencia Trail and Shadowlawn; its Peninsula and it's called N- Square or Immokalee Square. It's another apartment project — hundreds of apartments. Response: (Chris Scott) That is a separate project. If there are no more questions regarding this application, then we will adjourn the meeting. The meeting is adjourned. PL20220003426/PL20220003428 BCHD I PUDR NIM Summary Page 6 Packet Pg. 136 PENINSULAjv.,SL ENGINEERING September 15, 2022 Collier County Growth Management Department Planning & Zoning 2800 North Horseshoe Drive Naples, FL 34104 RE: BCHD I CPUD PUD Amendment - PL20220003428 1' Review To Whom It May Concern, The following have been included for your review and approval: 1. Cover Letter 2. Completed Addressing Checklist 3. Pre -Application Meeting Notes 4. PUDA Application 5. Affidavit of Authorization 6. Property Ownership Disclosure Form 7. Covenant of Unified Control 8. Recorded Warranty Deed 9. List and Map of Property Owners 10. Current Aerial/Location Map 11. Boundary Survey 12. Narrative and Evaluation Criteria 13. Completed Exhibits A-F (Revised PUD Document) 14. Revised MCP 15. Environmental Data 16. Letter of No Impact TIS Waiver 17. Current PUD (Ord. 2021-020) 18. Companion Immokalee Road / Estates Commercial Subdistrict GMPA (PL20220003426) Please feel free to contact me at (239) 403-6727 or by email at cscott@pen-eng.com should you have any questions or require additional information. Sin*1y,Ch Scott, AICP Planning Manager 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 Cori-ier County Growth Management Department ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliercountyfl.gov or submit in person to the Addressing Section at the address listed below. This form must be signed by Addressing personnel prior to the pre -application meeting. Please allow 3 business days for processing. Not all items will apply to every project. Items in bold are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below. Complete a separate Addressing Checklist for each Petition type). ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use Permit) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIN (Insubstantial Change to SIP) ❑ FP (Final Plat) ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑✓ OTHER PUDA LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) S22 T48 R27 Unit 22 FOLIO (Property ID) Number(s) of above (attach to, or associate with, legal description if more than one) 37698580002 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-of-way • SURVEY (copy — only needed for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL # Addressing Checklist (Rev 12/2021) Page 1 of 2 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Co yer County 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: Kim Davidson Phone: (239) 403-6807 ❑Personally picked up Email: kdavidson(@r)en-ene.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 Approved by: ot 7=k Date: Updated by: Date: 4/27/2022 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.coll iercountyfl.gov Collier County Property Appraiser Property Summary Site Parcel No 37698580002 Address Site City NAPLES *Disclaimer Site Zone *Note 34120 Name / Address HERRERA, LAZARO A=& ELIZABETH 9661 SW 102ND AVENUE RD City MIAMI State I FL I Zip 33176-2734 Map No. Strap No. Section Township Range Acres *Estimated 3C22 33250012113C22 22 48 27 2.73 Legal GOLDEN GATE EST UNIT 22 S 165 FT OF TR 121 LESS THAT PORTION FOR R/W 1AS DESC IN OR 3111 PG 485. Ila a Area O 285 Sub./Condo 332500 - GOLDEN GATE EST UNIT 22 Use Code o 0 - VACANT RESIDENTIAL Latest Sales History (Not all Sales are listed due to Confidentialitv) Date Book -Page Amount 01/27/97 2276-560 $ 7,500 Milla a Rates O *Calculations School Other Total 4.889 1 8.7793 1 13.6683 2021 Certified Tax Roll (Subject to Channel Land Value $ 62,790 +) Improved Value $ 0 (_) Market Value $ 62,790 (-) 10% Cap $ 28,262 (_) Assessed Value $ 34,528 (_) School Taxable Value $ 62,790 (_) Taxable Value $ 34,528 If all Values shown above equal 0 this parcel was created after the Final Tax Roll MAP 5r2E SMALL I Hilli I L4I &E Introduction +� Search for Parcels by Search Results Parcel ID: 37698580002 Name: HERRERA, LAZARO A=& ELIZABETH Street# & Name: Build# / Unit#: 121 / 1 p , ;0 Layers 40 Legend 40 Print Aerial Photography: January - 2022 Urban [61N] - 2022 Rural [21FT] - 2022 Rural [10FT] - 2022 Rural [50FT] Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coliiercountyfl.gov (239) 252-2400 Pre -Application Meeting Notes Petition Type: PUDA with GMPA Companion DateandTime: Tuesday 6/7/22 - 9:00 AM - ZOOM Mtg. GMPA - Rachel Hansen Assigned Planner: PUDA - Nancy Gundlach Engineering Manager jfor PPL's and FP'sj: Project Information PL20220003428-BCHD37698520004,37698580002(PUDA) Project NamePL20220003426-Immokalee Rd Estates Commercial Subdist. (GMPA) PL #: see above aciciin a Propertyll3#: 37598580002-New Current Zoning: HCHD I CPUD -New Es�ates Parcel Project Address: City: Na les State; FL Zip: 34120 Applicant: Kim Davidson, Peninsula Engineering Agent Name: Christo her Scott,AICP Phone: 239-403-6700 Agent/Firm Address: 2600 Golden Gate PKWYCity.Naples State: FL Zip: 39105 Property Owner: Herrera, Lazaro A. & Elizabeth Please provide the following, if applicable: I. Total Acreage: 2 .73 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: r ' Y�11 Qi1� y LdJ iv. For Amendments, indicate the original petition number: ~'J V. if there is an ordinance or Resolution associated with this project, please indicate the type and number; 2 J L I vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page 1 1 of 5 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 wwwxoiliercountyfl.>~o►t (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 414 ZLl L L I ' -e- r 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(a),naplesgoy.com Allyson Holland AMHollandC7a, napiesgoy.com Robin Singer RSinger@naplesgov.com Erica Martin emartinCa�naplesgov.com 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 2 of 5 Coder Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountVfl.goy (239) 252-2400 Meeting Notes C0177P 1IIL+r+1-r' L1411Z NLI I 5 - '-e /}71".e Ft CM r4 10-- :� — ►v c� C' 0 'K U'a:v TS — b e �' 1) . elh�ed,IlL,.fis — 3EP1 ._ 3.1 `8_ 5 t b try--+•� �. � i �e r C L C1 r'+.-i� � L �S .�' -,y ► rt�-T L��; r2, � s2 5 i r r:: r.5 �L1 �� LrL �-1 �� l..r f l � 5 — � ��vrt1 �►�-e.� D`*'. t�Pri w� �L�.s-�-� C_' �•.rr f� i Other required documentation for submittal (not listed on application): Disclaimer.- Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Cade 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 ThomasClarkeVEN From: AshtonHeidi Sent: Tuesday, June 07, 2022 9:19 AM To: ThomasClarkeVEN Cc: GundlachNancy Subject: Pre-App h for PUDA to BCHD 37698520004,37698580002 (PUDA) - PL20220003428 bt'i eS Follow Up Flag: Follow up Flag Status: Completed Thomas, Please add this to the pre-app notes: Please label the offsite access easement to the south on the master plan with OR Book and Page reference. Thank you! F-Kdr .4slhtovwCi.eleo MA vL O LVtZ3 Assl sta v t= Cokvwtd AttorKtd o f f ce of the Couwto ,4ttOWw 29,00 North F- orseshoe DrWe, 5u6te 301 Naples, FL 34104 (239) 2,.52-g 73 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. c'V_ 3,A-- ThomasClarkeVEN From: KlopfParker Sent: Tuesday, June 07, 2022 10:19 AM To: ThomasClarkeVEN Cc: SaboJames Subject: RE: Pre-App Research for PUDA to BCH❑ 37698520004,37698580002 (PUDA) - PL20220003428 & Companion (GMPA)-Immokalee Rd Estates Commercial Subdist.(GMPA) PL20220003426 Comp Planning. Notes: According the Golden Gate Area Master Plan (GGAMP) the subject property that is proposed to be added to the existing Immokalee Road Estates Commercial subdistrict is located within the Residential Estates. The applicant has proposed a reconfiguration of the existing master plan subdistrict to increase the size of the existing commercial tracts with no increase in the intensity of the uses allowed to permit. Since the identified parcel was outside of the existing subdistrict a GMPA will be required to include it. Please address the following objective 5 and policies 7.1,7.3, & 7.6 Parker Klopf C:oWer C.c)u " cY Collier County Growth Management Department Senior Planner 2800 North Horseshoe Drive Naples, FL 34104 Direct line: (239) 252-2471 Parker.klopf@colliercountvfl.gov Visit our Webiste ot: WWW.COL LIERCQUNTYFL.GOV Tell us how ive are doing by taking our Zoning Division Survey at http:Ait. lylCoIIierZoning. 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. Information contained in this email is subject to verification by the Zoning Manager and/or Planning Director; if this information is being used as a basis for the purchase/lease of a property or as a guide for the design of a project, it is recommended that a Zoning Verification Letter or Zoning Certificate Application is submitted to zoning services. Applications for a Zoning Verification Letter can be found here: https://www.colliercountyfl.gov/home/showdocument?id=69624 Zoning Certificate applications can be found here: htt s: www.colliercount fl. ov our- overnment divisions-f- r ❑ erations-re ulator -mana ement zonin -or-land-use-a lication zonin -other-land-use-a lications . From: ThomasClarkeVEN <Thomas.Clarke@ col Iiercountyfl.gov> Sent: Friday, June 3, 2022 1:08 PM To: Ashton Heidi rHeidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Beard@coliiercountyfl.gov>; BrownCraig Craig.Brown@colliercountyfl.gova; CookJaime <Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@cot Iiercountyfl.gov>; PerryDerek < Derek. Perry@ coIIiercountyfl.gov>; 0rtmanEric Eric.Ortman@colliercountyfl.gov>; Faulkner5ue Sue.Faulkner@colliercountyfl.gov>; CastroGabrieia Pdt('.e '� .�3 ThomasClarkeVEN From: SawyerM ichael Sent: Tuesday, June 07, 2022 9:27 AM To: ThomasClarkeVEN; GundlachNancy; HansenRachel; Klop€Parker Subject: BCHD PUDA and GMPA pre app meeting Thomas, Please provide the following pre app meeting notes: For this petition request please provide a letter of no impact TI5 Waiver; separate letter on letterhead requesting the waiver based on no additional transportation impacts. Please include a brief outline of proposed changes, confirm no additional development impacts and the current trip cap will be retained. Please let us know of any questions -concerns. Respectfully, Michael Sawyer Project Manager • Transportation Management Services Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 m ichael.sawyerCrvcollierco untytl.goy 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. ThomasClarkeVEN From: Beard Laurie Sent- Tuesday, June 07, 2022 9:00 AM To: GundiachNancy Cc: ThomasGarkeVEN Subject: Pre-Appi!cation Meeting PL20220003428 - PUDA to BCHD 37698520004, 37698580002 (PUDA) Follow Up Flag: Follow up Flag Status: Completed I have nothing for this one. Laurie Beard Project Manager Please note new address: PUD Monitoring, GMD 2800 N. Horseshoe Drive Naples, Ft_ 34104 Laurie. Beard@CollierCountvFL.gov Phone:(239)-252-5782 r rouo�rsel�c''' �,�oULLOM Vr y 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. I ThomasClarkeVEN From: BrownCraig Sent: Wednesday, June 15, 2022 2:19 PM To: ThomasClarkeVEN Subject: BCHD PUDA GMPA Immokalee RD Estates Attachments: PUDZ-PUDA checklist FOR REVIEWERS 2-2017.doc; Environmental data Checklist updated December 2016.doc Thomas, Here are the revised notes for this one... Thanks! 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. 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-D; 3.05.07.F; 3.05.07,H.1.d-e). Please clarify that the GMP will still be requesting 15% preservation versus the required 25% preservation. (ISM preservation .) If required, based on FLUCFCS and historical activities. Please provide environmental data to show suonort for the new area of preservation. The new areservation area must be equal or greater ecological value versus the existing approved selected preservation area . 5. Please address how the proposed project is consistent with Conservation Coastal Management Element (CCME) Policy 6.1 and Objective 7.1. 6. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts to listed species as required in the CCME. 7. 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). S. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts., if applicable. 9. The property is located in the Well Field Protection zone please address compliance with LDC Section 3.06.00. Please Check off $2500 Environmental Data Fee. 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! 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. Environmental PllDZ-PUTDA Checklist (non-RFMU) ProjectName PteM Ta �CNb PGZGzzoa��SczYa 6,pA G QCFi l] �LZiZ�. G 3�i 7-4a 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.B-D; 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 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 8. 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 Cite 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. �� 3,E.3, 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 Iimited 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 Comments: ?A-(- e 3 • E. L4t Environmental Data Checklist Project Name -ro P°-tk0 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. 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 protect 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. 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. 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 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 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 pen -nit 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 parcels) are in compliance with the 10 year rezone limitation previously identified in the GM-P. 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 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 (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 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. ,�G-e- 3�,P_.6. 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. ExpIain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. c. ExpIain 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? 27. PUD 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. 28. Additional comments 29. Stipulations for approval (Conditions) Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyff.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# PL20220003428 - PUDA PL20220003426 - GMPA Collier County Contact Information: Name Review Discipline Phone Email Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com _l Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercount I. ov r 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 Er Laurie Beard PU❑ Monitoring 252-5782 laurie.beard@colliercountyfl.gov Fd_�'Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov H idi 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 G Gabriela Castro Zoning Principal Planner 252-4211 gabriela.castro@colliercountyfl.gov I —I Maggie DeMeo North Collier Fire 252-2308 pdemeo@northcollierfire.com L'v r then 11 Utility Planning 252- �� c A(pe i @c0 �iercountyfl,gov rl Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@colliercountyfl.gov Sue Faulkner GMP - Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov LI Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@col liercount I. ❑v L.1 Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov L1 Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov V Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfi.gov 1_I Rachel Hansen GMP— Corn prehensive Planning 252-1142 Rachel. hansen@col Iiercoun fLgov 11 Richard Henderlong Zoning Principal Planner 252-2464 rich ard.hen derlong@colliercountyfl. ov El John Houldsworth Engineering Subdivision 252-5757 john.houidsworth@colliercountyfl.gov Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfi.gov Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov I i Jo n Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov 144arker Klopf GMP— Comprehensive Planning 252-2471 Parker.kiopf@colliercountyfl.gov Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcoliierfire.com _I Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com Diane Lynch Operations Analyst 252-8243 j diane.lynch @colIiercountyfLgov Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@coiliercountyfl.gov Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 Coder Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.aov (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 LI Richard Orth Stormwater Planning 252-S092 richard.orth@colliercountyfl.gov LJ Eric Ortman Zoning Principal Planner 252-1032 Eric. Ortrna n @ col I iercountyf Lgov u Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyfl.gov Brandi Pollard Utility Impart fees 252-6237 brandi.pollard@colIiercountyfl.gov IJ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com El Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov James Sabo, AICP GMP, Comp Planning Manager 252-2708 Michael Sawyer Transportation Planning 252-2925 _Lames.sabo@colhercountyfl.gov I Corby Schmidt, AICP Comprehensive Planning 252-2944 -michael.sawyer@colliercountyfl.gov corby.schmidt@colliercountyfl.gov LJ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@coliiercountyfl.gov -1 Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfi.gov Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@coiliercountyfl.gov Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov 1-1 Ion Walsh, P.E. Building Review 252-2962 ionathan.walsh@colliercountyfl.gov Kirsten Wilkie Environmental Review Manager 252-5518 kirsten-wilkie@colliercountyfl.gov 1 Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfi.gov Daniel 2unzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl. ov Additional Attendee Contact Information: Name Representing Phone Email r( .T -Pia �a4i� FavG 26Q- z�c �n5u,c. -'�cA) -IFW ks a✓ �w CLx""Ory CVu.,q.J ' M'Vt'L T44-FFi c P Mug Updated 1/12/2021 Page 1 5 of 5 Co,e a Participants (17) -, Find a participant thomas clarke (Host, me) Chris Scott 7-o 2--Z - 39 CorbySchmidt. MCP. Principal Planner Nancy Gundlach Principal Planner Austin Hoy,%;ell BLayman MCraig 6roa+,n a Dan Daniel7unzunegui ® Eric Mallory © EricOrtman Heidi Cicko James Sabo, Comp Planning Manager Parker Klopf. Senior Planner Ray Bellows. Zoning Manager sawyermichael aD'Naters CO ter county Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptuai plans for review in advance if desired. PL20220003428— BCHD 37698520004 37698580002 PLIDA — Nancy Gundlach PL20220003426 — Immokalee Rd Estates Commercial Subdist. GMPA - Rachel Hansen STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION ■ Name and Number of who submitted pre-app request Kim Davidson, Peninsula Engineering. 239-403-6700 • Agent to list for PL# Christopher Scott, AICP, Peninsula Engineering ■ Owner of property (all owners for all parcels) BCHD Partners I, LLC — Owner/Contract Purchaser of parcels 37698440003, 37698480005, 37698360002, 3769852-0004and 37698580002 John W ThemeI — Owner of parcel 37698360109 • Confirm Purpose of Pre-App: (Rezone, etc.) GMP Amendment and PUD Amendment • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): No changes to existing PUD entitlement of 200,000 sf of gross commercial floor area (Ord. 2021-20). • Details about Project: GMPA/PUDA to add +2.73-acre parcel (37698580002) to north of existing P U D Boundary and update the Master Concept Plan in order to reconfigure developable footprint and preserve areas. REQUIRED Supplemental information provided by: Name: Kim Davidson Title: Project Permit Coordinator Email: kdavidson@pen-eng.com Phone: 239-403-6807 Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor dann .condomina colliercount I Phone: 239-252-6866 Zoning DPAsion • 28W North Hotses hoe Drive - Naples; F"a 34104. 230-252-2400-www.cdlergw.net Coder county 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 2900 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 httr).-/Iwww.colliercountvfl.gov/Hc)me/ShowDocument?id=76983. 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 latestversion) 1 Pre -application meeting notes 1 ❑ Affidavit of Authorization, signed and notarized 1 1 Property OwnershiP Disclosure Form Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1EZ ❑ 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, FLU CFCS Codes with legend included on aerial. 1 [ ❑ Statement of Utility Provisions 1 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 [� ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ [] Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study r � u. Q �� Q.� �, r No it4A T Historical Survey 1 School Impact Analysis Application, if applicable Electronic copy of all required documents 1Eff ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ List of requested deviations from the LD�,with justificption for each (this document is separate from Exhibit E) -j ❑ ❑ U' � Otg �. Checklis"nt esnext Pag March 4, 2020 Page 9 of 11 Cofer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. co I I i erco a nty. gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ ED ❑ Original PUD document/ordinance, and Master Plan 24" x 36" - Only if Amending the PUD ❑ lam' ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: 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: School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson Utilities Engineering: E6c_F4W Parks and Recreation: Barry Williams (Director) Emergency Management: Dan Summers Immokalee water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director N I Other; �,k,,4w:7 i >~-�- - ,�,Gl� U�i►�-7 City of Naples Utilities 01 Other; 1 ASSOCIATED FEES FOR APPLICATION I Pre -Application Meeting: $500.00 PA-41 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 AND Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre t��mprehensive 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: N� - — �.x 1 rr.� aF M`` �"'`�" T Tl s t /AL/,e t- o Methodology Review: $500.00 *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 Co*ier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coliiercou nty.go� Legal Advertising Fees: ;�CIPC: $1,125.00 BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 qKSchool Concurrency Fee, if applicable: - o Mitigation Fees, if application, to he determined by the School District in coordination with the County Fire Code Plans review Fees are not listen but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The toad 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/appiicant for this petition, I attest that al! 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 March 4, 2020 Page 11 of 11 Coder County 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 or 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): BCHD Partners I, LLC Name of Applicant if different than owner: Address: 2600 Golden Gate Pkwy city: Naples Telephone: E-Mail Address: Cell: State: FL ZIP: 34105 Name of Agent: Christopher Scott, AICP and Noel J. Davies Fax: Firm: Peninsula Engineering, Inc. and Davies Duke, PLLC Address: 2600 Golden Gate Pkwy city: Naples State: FL Telephone: 239-403-6727 Cell: Fax: ZIP: 34105 E-Mail Address: CScott@pen-eng.com and Noel.Davies@DaviesDuke.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 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 t,EZONE REQUEST This application is requesting a rezone from: Estates (E) and BCHD 1 CPUD Zoning district(s) to the BCHD I Commercial Planned Unit Development (CPUD) zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Commercial Original PUD Name: BCHD I CPUD Ordinance No.: Ord. 2021-20 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: 22 48� 27E Lot: Block: Subdivision: Golden Gate Estates Unit 22 Metes & Bounds Description: See Boundary Survey Plat Book: 7 Size of Property: Page #: 83 84 Property I.D. Number: ft. x ft. = Address/ General Location of Subject Property: one-half mile north of Randall Boulevard Total Sq. Ft. Acres: West side of Immokalee Road, approximately PUD District (refer to LDC subsection 2.03.06 C): ❑■ Commercial ❑ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial March 4, 2020 Page 2 of 11 CO&T County 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 Residential and Undeveloped S Randall Curve MPUD Commercial/Residential and Undeveloped E Orange Tree MPUD Residential and Undeveloped W E, Estates Residential and Undeveloped 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� N� NA Lot: NA Block: NA Subdivision: NA Plat Book: NA Page #: NA Property I.D. Number: NA Metes & Bounds Description: NA ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Orange Tree Homeowners Association Mailing Address: PO Box 855 City: Bonita Springs State: FL Name of Homeowner Association: Golden Gate Estates Area Civic Association Mailing Address: PO Box 990596 City: Naples State: FL ZIP: 34133 ZIP: 34116 Name of Homeowner Association: Valencia Lakes at Orange Tree Homeowners Association Mailing Address: 11691 Gateway Blvd, Suite 203 Name of Homeowner Association: City: Fort Myers State: FL ZIP: 33913 Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: March 4, 2020 Page 3 of 11 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.col I iercou nty.gov EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 Coder County 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? PL20160000221 - Immokalee Road - Estates Commercial Subdistrict GMPA (approved by Ord 2021-019) PL20200000546 - BCHD I CPUD (approved by Ord 2021-020); PL20220003426 proposed GMPA 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 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ❑ ❑ Affidavit of Authorization, signed and notarized 1 ❑ Property Ownership Disclosure Form 1 ❑ Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 ❑ Warranty Deed(s) 1 ❑ ❑ List Identifying Owner and all parties of corporation 1 ❑ ❑ Signed and sealed Boundary Survey 1 ❑ ❑ Architectural Rendering of proposed structures 1 ❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ 0 ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 ❑ ❑ Historical Survey 1 ❑ 0 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 CO&T County 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 ❑ 0 ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ ❑ 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 ElConservancy 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: 4SSOCIATED 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 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 Ll 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 Christopher O. Scott Printed named of signing party 9/9/2022 Date March 4, 2020 Page 11 of 11 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220003426 and PL20220003428 1, Bradley A. Boaz, CFO of Barron Collier Mngmt, Lt_C (print name), as Authorized Agent of Creekside West, Inc., Manager (title, if applicable) of gCHD Partners I. LLC (company, if applicable), swear or affirm under oath, that I am the (choose one) owner0 applicant contract purchaserand that: 1. 1 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. lllteh authorize Noel J. Davies. Davies Duke, PLLC and Christopher Scull, Peninsula Englneedng to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. 'Notes: ■ if the applicant is a corporation, then it is usually executed by the Corp, pres. or v. pros. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L.C. ), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. ■ If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. ■ If the applicant is a trust, then they must include the trustee's name and the words "as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 9I?��a�� Signatdre Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of hysical resence or ❑ online notarization this -'day of 'ice r , Zoe Z by (printed name of owner or qualifier} C le, h� �() A7_ Sucon(s) Notary Public must check applicable box: ® h pe , Are personally known to me 'a�Y ° ''• KIM D. DAVIDSON 0 Has produced a current drivers license Notary Puhll[ • State of Florida ` Commission # HH 201826 ❑ Has produced as identification. aFs� i Mk.Comm. Expires Feb 14, 2026 (�. Bonded through National Notary Assn. Notary Signatu(e, Yr �_`.-,E.iZti`� �� It r- CP108-COA-1) 0 11 5/ 155 RE1' 3/4/2020 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 !NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the Lei C ercentaee or sucn interest: I - Name and Address I % of Ownership I If the property is owned by a CORPORATION, list the officers and stockholders and the iercentage or stocrc ownea uy eacri: Name and Address % of Ownershie If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the ercentaee or interest: I Name and Address I % of OwnershiD I Created 9/28/2017 Page 1 of 3 Coder CouMty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collieneov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of ownership BCHD Partners I, LLC 100% Mngr: Creekside West, Inc. 50% Gen Partner: Immokalee Retail, LLC 50olo (see attached Ownership Detail) e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: I Name and Address I % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or of- g. Date subject property acquired , ui a u5L. Name and Address ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/29/2017 Page 2 of 3 Co2 er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: Date option terminates: Anticipated closing date: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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 public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand thatfailureto include all necessary submittal information mayresult 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 9/7 ,wzZ_ Agent/Owner S�t re Date Bradley A. Boaz, of Barron C�ier nagement, LLC, Authorized Agent of Creekside West, Inc., Manager of BCHD Partners I LLC, Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 NAME BCHD Partners I, LLC OWNERSHIP DETAIL Manager: Creekside West Inc. 1998 Barron Collier III Irrevocable R Child ren's Trust Blakeslee Gable M. Wells Gable Juliet C. Sproul Family Inheritance Trust Christopher Villere Lamar Villere Mathilde V. Currence Phyllis G. Alden JenniferS. Sullivan Juliet A. Sproul Katherine G. Sproul Juliet C. Sproul General Partner: Immokalee Retail, LLC Daniel Plughes and Beth Hughes Thomas Londres Stephen Niggeman Paul Runley Daniel Brickner Joseph Dougherty o� 100.0000% 50.0000% 17.5661% 15.9049% 15.9049% 14.3830% 8.9042% 8.9042% 8.9042% 6.3452% 0.9465% 0.9465% 0.9465% 0.3435% 50.0000% 35.126% 15.905% 20.500% 20.500% 8.974% 5.000% BENEFICIARY OF TRUST Barron G. Collier 1II's descendants Juliet C. Sproul and lineal descendants Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.go►r (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 parcel ID 37698580002, Immokalee Rd, Naples, Florida 34120 (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 j_CPLID) zoning. We hereby designate Peninsula Engineering, Inc. and Davies Duke, PLLC, 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. 6A& ae- — - Owner Owner Bradley Boaz, EVP of B rron Collier Mn t, LLC as horized Agent of reekside West,Inc- Mana er of B H Partner L Printed Name Printed Name STATE OF FLORIDA COUNTY OF COLLIER -V G The foregoing instrument was acknowleged before me by means of UKhVsical presence or©online notarization this l day of 202-7— by (printed name of owner or qualifier) Such erso (s) Notary Public must check applicable box: EaAre personally known to me�'� I[Ih{ Q, onvlasoN [:]Has produced a current drivers license = •��`: Notary Public • State of Florida Has produced as identification. a i Commission " HH 2O1826 p OFF ' My Comm: Exaires Feb 14, 2i}25 NotarySignature. ••••Sanded through National Notary Assn. } r 1`� I �-- March 4, 2020 Page 8 of 11 INSTR 6281289 OR 6151 PG CLERK OF THE CIRCUIT COURT DOC@.70 $2,522.80 REC $18 CONS $360,360.00 1982 RECORDED 7/12/2022 10:58 AM PAGES 2 AND COMPTROLLER, COLLIER COUNTY FLORIDA 50 .:, THIS INSTRUMENT PREPARED BY George A Alvarez, Esq Law Office of George A. Alvarez 10281 Sunset Drive, Suite 102B Miami, Florida 33173 O 305 270 1000 RETURN TO Collier Insurance Agency LLC 2600 Golden Gate Ay" Naples, FL 34105 Property Appraisers Parcel Jde. (Folio) Number 37698580002 ABOVE THIS LINE FOR RECORDING DA WAMUNTY DEED THIS WARRANTY DEED, made e flay of July !'2022, by Lazaro A. Herrera and Elizabeth Herrera, husband and wife, whose post office addiess is661 SW 102 Avenue Road, Miami, Florida 33176, herein called the Grantors, to , BCHD Partners I, LLC, a Florida limited Parkway, Naples, Florida 34105, hereinafter (Wherever used herein the terms "Grantor" and "Gr legal representatives and assigns of individuals, and W I T N E S S E T H: That the Grantor(s), for and in v Dollars and other valuable considerations, receipt where aliens, remises, releases, conveys and confirms unto the of Florida Legal Description ny, whose post office address is 2600 Golden Gate all the parties to this instrument and the heirs, and assigns of corporations) ton: of the sum of TEN AND 00/100'S ($10 00) ibfa knowledged, hereby grants, bargains, sells, alilhiat,certam land situate in Collier County, State The South 1/2 of Tract 121, less the East 49 feet thereof, Golden Ga plat thereof recorded in Plat Book 7, pages 83 and 84, of the Public Physical Address Vacant Land, Naples, Florida 34120 All Grantors warrant that at the time of this conveyance, the subject proper Homestead within the meaning set forth in the constitution of the state of Fl part of homestead property. Grantors' residence and homestead address is: Miami, Florida 33176. TOGETHER, with all the tenements, hereditaments and appurtenances thereto appertaining TO HAVE AND TO HOLD, the same in fee simple forever Unit No. 22, according to the nr;Collier County, Florida. Grantors' contiguous to or a Avenue Road, anywise AND, All Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2021. *** OR 6151 PG 1983 *** IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year fast above written Signed, sealed and delivered in the presence of Witness 91 S C.�-- Witness #2 Signature State of Florida County of Miami -Dade both grantors) The foregoing instrument was acknow _&H-day of July, 2022, by Lazaro A [ 4are personally known to me or [ 1 [Notary Sea]] C4 - &-t5 zaro 50Herrera, Grantor �,rL Eli beth Herrera, Grantor ✓ physical presence or 11l Printed CEORGEAALVAREZNotary Public - State of Florida My Col R Commission # GG 953312 My Comm Expires Apr 5, 2024ded through National Notary Assn 9 f online presence this PENINSULAjv.,SL ENIr;iNEERING BCHD I COMMERCIAL PLANNED UNIT DEVELOPMENT AMENDMENT LIST AND MAP OF PROPERTY OWNERS PARCEL ID OWNER NAME LEGAL DESCRIPTION 37698580002 BCHD Partners I, LLC GGE Unit 22, S 165' of Tract 121 less r/w 37698520004 BCHD Partners I, LLC GGE Unit 22, Tract 120 less r/w 37698480005 BCHD Partners I, LLC GGE Unit 22, Tract 119 less r/w 37698440003 BCHD Partners I, LLC GGE Unit 22, Tract 118 less r/w 37698360002 BCHD Partners I, LLC GGE Unit 22, N 180' of Tract 116, less W 361' 37698360109 John W. Themel GGE Unit 22, W 361' of N 180' of Tract 116 37698360109 37693360302 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 CD LL o W 1 Co .=r ,x n a mil/ h 5f�7'y • : - O o , p zria,APrj��r w ¢ m s o CL o"' a /,. z w U �5.��5131 a i VL r Zc LU In F x Q ixS a c> Z � • z I t. 44 i -i`- y, �� L Z } ! wrt H - a ¢' L N N � w a z N z W w u~i m Q O O = z O N p^I9 uoSIIM -, N p^I9 uoSIIM o zz z $ Qt IiYi=.may_- _ w G O () o J U N O W L3i11=0 "Z a m 9 0 3 ^� a 'Alp ,NY1S Q� a PaZ Z 3 �. . OTC � a N m - w Y O w N W ¢ LL Z C z a Z Z Q w w o W N omp LOl15-H�N L ,JNR33NIJN3 1%j:nSNIN3d VLS0lO1ldO'tl2 S3 9lA'd'9'4ZL Z 31tlJN3010OLUiOtliaMZLlOVl llOOlO'OtlSgOOtlNtlI1INdN0S1381tltld1 '011'Sd3NiNVd OHOS lES 64tl'l A3nans ),NVGNno9 30 dVW €m o o� €wad &p m aka° off$ IT 3 o ro m' w w w$m "a S �gdo mm :u°:~>mS .., a a� qw °s=is sas E �� w""�o 2 wwo° woa° o8-o8m°_z QW�a LL„'€ZJ °z € '"� �xE s mg� ows WALL s S per" wgHxm " 'B o� w3 r�Q goo'o "aoLL ¢ a s#$ ��ww a 8 os Ba g o d RLL € s��°who wi°�_ "g um3,oi wa p 3 $_< e =p�"s se=' ab`�ys �oasc „8 LL8 ° o8o�wio �3p 29N g °y sod o y zq { ;'. - 3Bxs ym awl �k'3 zzLL �O 'o `. °6 m �o op ° o�w ��°oyWLLww�w z3moz 3m ozpm€o'<=°p=. a z °? �� ____ ° 8 �'� a■ em° w 'ao�.. rc ��' rc a 8 §ppOu'O $ ��rc'p�rc'�'i rc�'�y5w =gi ®fiTsem9G3o% ?�� year xp� z Iwwo "2g`r�g=°�a=.W'3"` xN� �°z °'a3 �$w- mm�'a3 i'a3 �'a ..H a�wo?'aa i,°'�p°N �:pmLL�m Nsp° m.o�.off°w�8o�m`d�°'°�•"_^�a�:a.oe. u • 1MMOKAEEE ROAD 5-846'- .. �womm.ewo � (1p0.R.O.%IPPERPIA'If - _ — _ - — Ys 6'< — � � - a iuc acciiea-oaoeA orrua NG I- orrnrcwo d° o.n_ 9t11 P32°19233 3"E 0.1] °as xsiii an°Esw su+cEs �e3-°ao[ao a nss 52°1]'42'E 503.851f�)Po�Z P ox. yaws essays S21]42E 1616(MI 'E 9''43"—E —33-28—W—) SS22°°1 1730-7(P) _— -----------T---------- — — — — — — — — — — — 3 } a.ffi 52923 69(P)------------ —E T .• mi3 _ H E ?U =U '——9.6Z°ON 96, M.69.6Z°ON j w O :T Q Q Q� F om� wo� 3zF L �a o L (w) o9'ea£ (d) oo'6aL M.essz.oi 3N 133NIS H14 �d W U H (d)000ab M-,6Z— PENINSULA�� ENGINEERING 4 BCHD I COMMERCIAL PLANNED UNIT DEVELOPMENT AMENDMENT PROJECT NARRATIVE & EVALUATION CRITERIA PROJECT OVERVIEW: The application proposes to amend the BCHD I Ft■ r Add 2JM� to wbaorkV o deviations. Commercial Planned Unit Development (CPUD) ?�=•=` :'': :` + .. � � by adding 2.69-acre Estates zoned parcel that fronts on Immokalee Road immediately to the north of the site. The PUDA clarifies that maximum permitted intensity of the CPUD is r 4 200,000 square feet of commercial floor area and/or indoor self -storage use and allows for � �.�., . •• every two square feet of approved indoor self- � 10 storage to count as one (1) square foot of other ■ commercial uses. The PUDA does not propose to expand the permitted uses, revise the development standards, and does not propose or modify any PROJECT BACKGROUND: The existing 19.13-acre BCHD 1 CPUD was approved by Ordinance 2021-020 and is located on the west side of Immokalee Road, approximately one-half mile north of Randall Boulevard, in Section 22, Township 48 South, Range 27 East. The CPUD is approved for up to 200,000 sf of commercial uses. Consistent with subsection e. of the Subdistrict and Special Condition 6.h. of the CPUD, the westernmost 361 feet of the property (Parcel ID 37698360109) has been acquired by the adjacent property owner (Themel) and can only be utilized as open space and a driveway for the adjacent residential use. The remaining 17.64-acres is owned by BCHD Partners I, LLC and has received staff approval for a Construction Plan and Plat (PL20210002267, Winchester). As required by the CPUD, the subdivision plan shows an interconnection with the Randall Curve MPUD development to the south. The property to the south is currently under development, is designated as Immokalee Road/4t" Street NE Mixed Use Subdistrict and is zoned Randall Curve MPUD. The west and north are designated Residential Estates Subdistrict and are currently zoned Estates. The adjacent properties fronting on Immokalee Road BCHD 1 PUDA, PL20220003246 Page 1 1 Revised December 20, 2022 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 PENINSULA ENGINEERING to the north of the subject site are undeveloped; properties fronting on 4t" St NE include a mix of vacant and large lot single-family dwellings typical to the Estates. The Orange Tree MPUD is located on the east side of Immokalee Road and is designated as a Rural Settlement Area District and includes a mix of residential single-family and vacant commercial opposite the project site. DETAILS OF REQUEST: This PUDA seeks to expand the project boundaries by approximately 2.69-acres, by adding the parcel that fronts on Immokalee Road immediately to the north of the site. This property was acquired by BCHD Partners I, LLC and is currently vacant. The additional acreage will primarily be used to meet the County's preserve requirement and allow for the commercial area within the existing CPUD boundaries to be reconfigured. A new Master Concept Plan showing the additional acreage and reconfigured preserve and commercial area is provided. With the additional property, the MCP land use areas have changed as follows: Existing MCP Proposed MCP Change Commercial 12.51 12.65 +0.14 4t" Street NE ROW 0.12 0.12 0.00 Preserve 2.85 3.26 +0.41 Water Management 1.67 1.64 -0.03 Landscape Buffers/Open Space 1.98 4.15 +2.17 Total Site Area 19.13 21.82 +2.69 The PUDA proposes to update the permitted commercial intensity by clarifying that indoor self -storage uses are treated separate from other commercial uses. The current PUD allows for a maximum intensity of 200,000 square feet is for commercial floor area which includes indoor self -storage uses. Because self - storage uses typically account for higher floor areas but generate significantly fewer trips, the PUDA proposes to reduce the permitted commercial floor area to 100,000 sf and limit the amount of indoor self - storage to 130,000 sf of floor area. This change does not affect the maximum daily trip generation (trip cap) of 681 two-way PM peak hour net trips that is approved by Transportation Condition 3.a. of Ordinance 2021-20. The PUDA does not expand the permitted uses, revise the development standards, and does not propose any new deviations. The only other changes proposed with this Amendment are minor updates and corrections: • Exhibit E, Deviations from the LDC, Deviation 1 has been updated to correct a scrivener error for maximum height and maximum sign area allowed by LDC Section 5.06.04.F.3. for a Directory Sign. Approved PUD incorrectly identifies a maximum 10' sign height and 100 square foot sign area as opposed to the 20' sign height and 200 square foot sign area allowed by the LDC. • Exhibit E, Deviations from LDC, Deviation 3 has been updated to reflect that the westernmost 361 feet of the westerly portion of the PUD was acquired by the adjacent single-family homeowner. BCHD 1 PUDA, PL20220003248 Page 1 2 Revised December 20, 2022 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 PENINSULA ENGINEERING • Exhibit F, Development Commitments, Special Condition 6.h. placed limitations on the westernmost 361 feet of the PUD should it be acquired by the adjacent property owner of the south half of Tract 11S. This property was acquired by the adjacent property owner (Themel) and the commitment has been updated accordingly. The MCP has also been updated to remove the "Stormwater" designation from this property and identify it solely as "Open Space." A companion small-scale GMPA application (PL20220003246) has been submitted to expand the Immokalee Road — Estates Commercial Subdistrict and is included with this application. EVALUATION CRITERIA: The PUDA meets the rezoning and PUD criteria established in the LDC and is consistent with the Goals, Objectives, and Policies of the Growth Management Plan. LDC and GMP references are provided below with responses in bold italics. LDC Section 10.02.13 B.S.: 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 CPUD is a suitable location for commercial land uses as it is located at a signalized intersection on Immokalee Road, a six -lane arterial roadway, and is directly opposite vacant commercial land within the Orange Tree MPUD. The additional 2.69-acres being added to the CPUD is currently zoned Estates, which would allow for one single-family dwelling. Low density residential land uses are not suitable or desirable along Immokalee Road. The property is predominantly wetlands and will be used solely as preservation and open space, with area reserved to allow for pedestrian and vehicular interconnection to parcels to the north as currently required by the CPUD. b. Adequacy of evidence of unified control and suitability of 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. The property that is subject to this PUDA is owned by BCHD Partners 1, LLC. C. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Growth Management Plan. A companion GMPA (PL20220003246) has been submitted. The amendment, if approved, would authorize the proposed expansion of the CPUD. BCHD 1 PUDA, PL20220003248 Page 1 3 Revised December 20, 2022 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 PENINSULA~� ENGINEERING 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 CPUD Master Plan identifies buffers that meet or exceed the requirements of the LDC. The additional acreage will predominantly be used as preservation of native vegetation, which will ensure compatibility with adjacent Estates zoned parcels. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The PUDA will continue to meet the 30% open space requirement. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed amendment does not include any increase in commercial intensity permitted by Ordinance 2021-20. There is adequate infrastructure to support the proposed development. g. The ability of the subject property and of surrounding areas to accommodate expansion. The proposed amendment will allow the for preserve and commercial areas to be reconfigured in order to allow for the CPUD to develop the commercial uses approved by Ordinance 2021-20. There are no plans to further expand the boundaries of the CPUD. h. 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 amendment to the BCHD 1 CPUD does not propose any new deviations. LDC Section 10.02.08 F.: 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. The proposed amendment to expand the CPUD boundary is consistent with the pending GMPA to the Immokalee Road — Estates Commercial Subdistrict. 2. The existing land use pattern. The expansion of the CPUD is consistent with the existing land use pattern. The additional area will consist primarily of preservation of native vegetation and open space which serves as a transition to the Estates lots to the north. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The amendment does not create an isolated district that is unrelated to adjacent and nearby districts. BCHD 1 PUDA, PL20220003248 Page 14 Revised December 20, 2022 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 PENINSULA~� ENGINEERING 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The expanded CPUD boundaries are logically drawn in relation to existing conditions and will allow for the reconfiguration of the preserve and commercial areas that are necessary to accommodate the commercial intensity approved for the development. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Residents of Golden Gate Estates have indicated support for additional commercial areas in appropriate locations. The location of the CPUD at a signalized intersection on one of the County's most highly traveled arterial roadways is more appropriate for commercial development than large lot residential uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed expansion of the CPUD will not negatively influence living conditions in the area. The additional area will consist of open space and preservation areas to provide sufficient screening to adjacent uses. The existing development standards contained in the PUD contains development standards including building setback and, building heights are not being revised by this amendment. 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 amendment does not increase the commercial intensity of the CPUD and will not create additional traffic. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not create a drainage problem. The development is designed to meet stormwater requirements of Collier County and South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The amendment to the BCHD 1 CPUD will not reduce light and air to adjacent properties. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed change will not have an adverse impact on property values in the adjacent areas. Development within the CPUD includes appropriate development standards and buffers to ensure compatibility with surrounding land uses. BCHD 1 PUDA, PL20220003248 Page 15 Revised December 20, 2022 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 PENINSULA~� ENGINEERING 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed amendment will not create a deterrent to the improvement or redevelopment of adjacent properties. The CPUD will maintain the commitment to provide vehicular and pedestrian interconnection to property to the north. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The PUDA is consistent with the requirements of the LDC and the GMP and does not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing property is zoned Estates, which limits the use to a single-family dwelling. Large lot residential uses with frontages on a six -lane arterial road is not desired. The proposed amendment will limit the use of the additional acreage to open space and preserve. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The CPUD was found to be in scale with the needs of the neighborhood and county by Ordinance 2021-20, based on the needs analysis included with that submittal. The proposed amendment does not increase the commercial intensity of the development. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The additional area being added to the CPUD is the only suitable location to expand the boundaries. 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 property being added to the CPUD is undeveloped and includes a mix of upland pine flatwoods and cypress wetlands. The majority of this area will be preserved in its current form and the remainder will be minimally altered to provide perimeter berms, landscaping and open space. 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. BCHD 1 PUDA, PL20220003248 Page 1 6 Revised December 20, 2022 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 PENINSULA~� ENGINEERING Public facilities are available to meet the requirements of the development. The amendment does not propose to increase the permitted commercial intensity; all levels of service will be maintained. 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 proposed amendment is consistent with the GMP. The site has been designed to meet the requirements of the LDC and will not negatively impact surrounding land uses. CONSISTENCY WITH THE GROWTH MANAGEMENT PLAN FLUE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). The expanded CPUD is designed to be compatible with adjacent properties. The additional acreage will primarily be utilized as native preserve, providing a significant buffer to adjacent residential uses. The commercial area is slightly enlarged, but is oriented toward Immokalee Road, a six -lane divided arterial road. The development provides sufficient buffers to adjacent uses and is required to provide dark -sky compliant parking lot lighting to minimize potential impacts to adjacent properties. FLUE Policy 5.7: Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to the existing lands designated for urban intensity uses, the Rural Settlement District (formerly known as North Golden Gate), and the Rural Fringe Mixed Use District, before servicing new areas. The proposed amendment seeks to add approximately 2.69-acres into the CPUD. The property is located at a signalized intersection on Immokalee Road in an area with public facilities. The additional acreage will be utilized primarily as native preservation area and allow for the commercial area to be slightly expanded within the existing Subdistrict boundaries. FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. BCHD 1 PUDA, PL20220003248 Page 1 7 Revised December 20, 2022 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 PENINSULA~� ENGINEERING The PUD has direct access onto Immokalee Road at the existing traffic signal opposite Orangetree Boulevard. There is no direct access to or from the commercial area to 4`h Street NE. Access locations are not changing as part of this application. FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Vehicular and pedestrian interconnection is provided from the site to properties to the north and the south. Transportation 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 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 existing CPUD limits commercial development to a maximum intensity of 200,000 square feet of gross floor area. The proposed PUDA revises the intensity to 100,000 square feet of commercial floor area and 130,000 square feet of indoor self -storage floor area. The proposed changes does not increase the commercial intensity as it relates to trip generation and therefore has no impacts to the adjacent roadways. CCME Objective 6.1: Protect native vegetative communities through the application of minimum preservation requirements. BCHD 1 PUDA, PL20220003248 Page 1 8 Revised December 20, 2022 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 PENINSULA~� ENGINEERING The development meets the minimum preservation requirements of the Land Development Code. Per LDCSection 3.05.07 8.1., commercial projects greater than 5-acres are required to provide 15% of the existing native vegetation as preserve area. The 21.82-acre project includes 21.70-acres of native vegetation and will retain 3.26-acres of preserve (15% of 21.70). The native vegetation in the area being added to the CPUD is of no higher or lower quality than those in the existing CPUD boundary. LDC Section 3.05.07 AA provides a hierarchy of native vegetation groups to be preserved. The existing native vegetation area within the project boundaries do not include (a) wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; (b) Xeric Scrub, Dune and Strand, or Hardwood Hammocks; (c) onsite wetlands having an accepted functionality WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Score of at least 0.7; or (d) any upland habitat that serves as a buffer to a wetland having an accepted functionality WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Score of at least 0.7. The property does include some Cypress wetlands that have a UWM below 0.7 and Pine Flatwoods that are being preserved. CCME Objective 6.2: Protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6. The proposed Master Concept Plan provides 3.26-acres of native preservation which includes a mix of Cypress wetlands and Pine Flatwoods. Any wetland impacts will be addressed during the state and federal environmental permitting processes. 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, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17 No state or federally listed species were observed on site during observations made in 2018, 2019 or 2022 and the property does not contain US Fish and Wildlife Service -designated listed species critical habitat. Although no listed species were observed, the property does have potential to have listed species due to the presence of suitable habitat, confirmed sightings in the region or because the property is located within the consultation area for given species. The development will preserve 15% of the existing native vegetation (3.26-acres) as required by the Collier County LDC and all development will maintain required setbacks from the preserve to help ensure incompatible uses are directed away from listed species and their habitats. BCHD 1 PUDA, PL20220003248 Page 1 9 Revised December 20, 2022 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 PENINSULA~i ENGINEERING CONSISTENCY WITH THE LDC SECTION 3.06.12 WELLFIELD PROTECTION OVERLAY LDC Section 3.06.12 establishes standards for regulated development to reduce the risk of wellfield contamination that would have a direct impact on the County's safety and health and the costly closure and replacement of polluted municipal water supply wells. The County has established wellfield risk management special treatment overlay zones around public water supply wellfields permitted to withdraw a minimum of 100,000 average gallons per day by SFWMD. The existing PUD and proposed expansion area is completely located within zone W-4 of the Golden Gate Well Field, as shown in LDC Illustration 3.06.06 C. and map below. Any regulated development within the PUD is required to meet the standards of LDC Section 3.06.12. Stormwater management systems will comply with SFWMD standards and solid waste bulk containers shall be leakproof and fitted with a rainproof lid or cover. There are no current or future plans for nonresidential uses that generate or store hazardous waste within the PUD. Orangetree -T Well Field .T •-- Collier County Utilities -- Golden Gate Well Field __fir r.��}�,... 1 _ S�;• -I li�_,- .-.. r � ' 2 City of Naples East Golden Gate Well Field Well Field Protection Zones W - 1 Zane = 1 Year Travel Time Isocontcur CVV - 2 Zone = 2 Year Travel Time isocontour W - 3 Zone = 5 Year Travel Time Isocontour W - 4 Zone = 20 Year Travel Time Isocontour 0 2 - CollierCountyUtilities _ Golden Gate Well Field 0 Miles 8 BCHD 1 PUDA, PL20220003248 Page 1 10 Revised December 20, 2022 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 ORDINANCE NO. 2021- 20 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 200,000 SQUARE FEET OF COMMERCIAL USES FOR A PROTECT TO BE KNOWN AS BCHD I CPUD ON PROPERTY LOCATED APPROXIMATELY ONE- HALF MILE NORTH OF RANDALL BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 19.13f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20200000546) WHEREAS, Noel Davies, Esquire of Davies Duke, PLLC and D. Wayne Arnold of Q. Grady Minor and Associates, P.A., representing BCHD Partners I, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Sections 21 and 22, Township 48 South, Range 27 East, Collier County, Florida is changed from an Estates (E) zoning district to a Commercial Planned Unit Development (CPUD) for a 19.13t acre parcel to be known as BCHD I 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 No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. [20-CP5-02010/1621278/11 159 Pagel of2 BCHD 1 I PL_20200000546 4/27/21 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2021-19 becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County I. Commissioners of Collier County, Florida, this 9 -day of sr , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. K1NkEL, CLERK COLLIE O TY, FLORIDA By: Attest as to Chal #'10' Clerk Penny TayVr, Chairman �1[1±i?tliY� nnl, Approved as to form and legality: �-]' , '� A,- C h-' He 1 Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — Deviations Exhibit F — List of Developer Commitments This ordinance filed with the Xtary of S ta's Office the ay of F , and acknowledgement 0� lhct filin received this dcy of [20-CPS-02010/1621278/1) 159 Page 2 of 2 BCFrD 1 I PL20200000546 4127121 EXHIBIT A BCHD I CPUD PERMITTED USES A maximum of 200,000 square feet of gross commercial floor area shall be permitted within the CPUD. The uses are subject to the trip cap identified in Exhibit F, Section 3.a of this PUD. COMMERCIAL: A. Principal Uses: 1. All permitted and conditional uses in the C-1 through C-3 Zoning Districts of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended), except those uses identified as prohibited in item C. below. 2. Carwashes (7542) 3. Medical and dental laboratories (8071 and 8072) 4. Motor freight transportation and warehousing (4225, air-conditioned mini -and self storage warehousing only) 5. Nursing and professional care facilities (8051, 8052, 8059) 6. 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. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this CPUD document. 2. Water management facilities to serve the project such as lakes. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 4. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this CPUD as determined by the BZA or the Hearing Examiner. PL20200000546, BC11D I CPUD Fxh A-F DRAFT46.docx April 28, 2021 Pop I of 10 C. Prohibited Uses and Structures: 1. Any use that would be subject to regulation under Ordinance No. 91-83 and any amendment or successor ordinances thereto regulating sexually oriented businesses. 2. 7361— Employment Agencies, only labor contractors 3. 7363 — Help Supply Services, only: Labor pools; Manpower pools 4. Homeless shelter, as defined by the LDC. 5. Soup kitchens, as defined by the LDC. 6, 8063 — Psychiatric Hospitals. For the avoidance of any doubt, psychiatric hospitals, including drug/alcohol rehabilitation facilities shall be prohibited. 7. 8069 — Specialty Hospitals, Except Psychiatric, only: alcoholism rehabilitation hospitals; drug addiction rehabilitation hospitals; rehabilitation hospitals drug addiction and alcoholism; tuberculosis and other respiratory illness hospitals. 8. 8322 — Individual and Family Social Services, only: alcoholism counseling, nonresidential; crisis center; crisis intervention centers; hotlines; offender rehabilitation agencies; offender self-help agencies; outreach programs; parole ❑ffices; probation offices; public welfare centers; referral services for personal and social problems; refugee services; self-help ❑rganizations for alcoholic and gamblers; settlement houses. PRESERVE: A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting, as per LDC requirements. 3. Passive Recreation areas, as per LDC requirements. 4. Water management and water management structures, as per LDC requirements. PL20200000546, BC11D I CPUD Frh A-F DRAFT-r6.docx ,April 28, 2021 Page 2 of 10 BCHD I CPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the BCHD I CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft, N/A MINIMUM YARDS (External) From Immokalee Road ROW 25 ft. SPS From Northern Project Boundary 30 ft. SPS From Western Project Boundary* 50 ft. 25 ft From Southern Project Boundary 25 ft. **** 25 ft. **** MINIMUM YARDS (internal) Internal Drives/ROW 10 ft. 10 ft Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.** Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft. MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL 45 ft. 55 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. *** N/A MAXIMUM GROSS COMMERCIAL AREA 200,000 sq. ft. * Setback from 4t" Street N.E. shall be 200 feet for any principal use and 200 feet for any accessory use. ** No structure may be located closer than 20 feet to the control elevation of a lake (allowing for the required minimum 20-foot wide lake maintenance easement). *** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC, **** May be reduced to zero feet if developed as a unified plan with the adjacent property to the south. PI.20200000546, BCHD f CPUD Erh A-F DRAFT-r6.docx Aprr128, 2021 Page 3 of 10 ❑� R 4 Z LY < N d'QN p� W p i w J ¢ wwa �T ww w Mt7�; w¢co ¢ ry W q a co N �r'Q Y W z arm LL: 0 LL0r; rma 0 l ;MMOKALEELROAD ` LL!a. WW a¢U N U tr U 0 tn w 0 z Ld w w O Z W Sn 4Z4 S k wZ U- L �� J ohm R. 0 [C 00, D LL1 a � � [v � m . N � w C ❑ �UZ' Q�'.'Lly. - z cn� �,wjp. ,4 mC w ��wo Hr ¢� m ��U'uwi.'.W'. ~cn LL 0 nz r7 7 d g.r � rrr p[. Z p D W W �"-� w Z 0,�, ww a -a w w a w Z) 01 U 2 i �--- ll - 1 ` �ln ► AG T llll l 0 rl 0— LU LL m W m � ❑ Zi Li 0 LL L� ? Q W a- w 180, m W LL) c �¢ VJ¢ EaU7 ¢ U� IL n w Qw 1 a o �g 'K LLJ LU E—� W Z w¢ C1 a L1 w 0 H W ❑ o ", W W a wow LL a LU LL d U Q m W Q ZLL W M :3 a ¢ LL W o v3 2 m M a i a 4TH STREET N,E. ZW LLJ n O N x I II Q= a a- 21 CL a w� � w wa LdO a R w a O J w w Z LL J Q Z co 0 T W W cl 0LU (n ® C) * V. Ery1rIII �YIlIT, k►i1►-xi TOTAL SITE AREA: 19,13± ACRE COMMERCIAL (C) 12.51± AC (65%) 4TH STREET N.E. ROW 0.12± AC (1 %) PRESERVE(P) 2.85± AC (15%) WATER MANAGEMENT 1.67± AC (9%) LANDSCAPE BUFFERS / OPEN SPACE 1.98± AC (10%) COMMERCIAL: MAXIMUM 200,000 S.F. OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE: REQUIRED: 2,85± ACRES (19.01 ACRES NATIVE VEGETATION X 15%) PROVIDED: 2.85± ACRES DEVIATIONS (SEE EXHIBIT E) [] RELIEF FROM LDC SECTION 5.06.04.F.3., "DIRECTORY SIGNS" 21 RELIEF FROM LDC SECTION 6.06.01. - "STREET SYSTEM REQUIREMENTS" AND "APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS" U RELIEF FROM LDC SECTION 4.06.02.C.4. - "BUFFER REQUIREMENTS -TYPES OF BUFFERS" NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. 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. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE 'B' BUFFER A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. ® U. c..ul 1u.ur r"n %Otai.rGradyYlinQINm via 1M11kvv Tk-w sv.11plrLw�& 3111. m`aFmooco[-]v EXHiBiT C o.]a clol Engineers t,an11 tiumtyo K . i'lannera . I.andKrapr.Arrhtlerin MASTER PLAN NOTES I-L. M 1ww'.}lk"5151 oA.Ar 01. 11l� 01 8..1a... LC xnoo M REVISED 04/21/2021 aolna liolrhlks nti.EW ir4.1 1 "1r Lrr4rMklar rnnr ruM M]erk _^391140.J1 m11 imLE[ 2 OF 2 EXHIBIT D BCHD I CPUD LEGAL DESCRIPTION PARCEL 1: THE NORTH 180 FEET OF TRACT NO. 116, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83-84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2. TRACT 118, GOLDEN GATE ESTATES, UNIT N0. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE5 83-84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THAT PORTION TAKEN FOR ROAD RIGHT OF WAY PURSUANT TO ORDER OF TAKING RECORDED IN ❑.R. BOOK 3111, PAGE 500, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF TRACT 118, GOLDEN GATE ESTATES, UNIT N0. 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID TRACT 118; THENCE SOUTH 01*30`15" EAST, FOR A DISTANCE OF 172.46 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS SOUTH 88"32'50" WEST, A DISTANCE OF 2,814.93 FEET THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,814.93 FEET, THROUGH A CENTRAL ANGLE OF 03"12'32", SUBTENDED BY A CHORD OF 157.83 FEET AT A BEARING OF SOUTH 00'09'06" WEST, FOR AN ARC LENGTH OF 157.65 FEET TO THE END OF SAID CURVE, AND THE SOUTHEASTERLY CORNER OF SAID TRACT 118; THENCE NORTH 89"40'50" WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 118, FOR A DISTANCE OF 50.10 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS NORTH 87°51'02" WEST, A DISTANCE OF 2,769.79 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,769.79 FEET, THROUGH A CENTRAL ANGLE OF 03-38'39", SUBTENDED BY A CHORD OF 176.14 FEET AT A BEARING OF NORTH 00'19'38" EAST, FOR AN ARC LENGTH OF 176.17 FEET TO THE END OF SAID CURVE; THENCE NORTH 01°30'15" WEST, FOR A DISTANCE OF 153.94 FEET; THENCE SOUTH 89°40'50" EAST, ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 118, FOR A DISTANCE OF 49.00 FEET, TO THE POINT OF BEGINNING. PARCEL 3: ALL OF TRACT 119, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83-84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE EASTERLY 49.00 FEET TAKEN FOR ROAD RIGHT OF WAY PURSUANT TO ORDER OF TAKING RECORDED IN O.R. BOOK 3111, PAGE 500, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4: ALL OF TRACT 120, GOLDEN GATE ESTATES UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE EASTERLY 49.00 FEET AS DESCRIBED IN THAT CERTAIN ORDER OF TAKING RECORDED IN ❑FFICIAL RECORDS BOOK 3111, PAGE 485 AND STIPULATED ANAL}UDGMENT RECORDED I OFFICIAL RECORDS BOOK 3431, PAGE 993. 19.13 ACRES MORE OR LESS (AS MEASURED) PL20200000546, BC11D I CPUD Exh A-F DR4FT-r6.daex April28, 2021 Page 6 of 10 EXHIBIT E BCHDICPU❑ DEVIATIONS FROM THE LDC DEVIATION 1: Relief from LDC Section 5.06.04.F.3., "Directory Signs", which permits Multiple - occupancy parcels or multiple parcels developed under a unified development plan , with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area shall be permitted 1 directory sign a maximum of 10 feet in height and a maximum of 100 square feet at one entrance on each public street, to instead allow a single directory sign where fewer than 8 independent units are developed under a unified plan. DEVIATION 2: Relief from LDC Section 6.06.01. — "Street System Requirements" and "Appendix B, Typical Street Sections and Right -of -Way Design Standards". The LDC establishes a minimum 60-foot right of way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or Right -of -Way. DEVIATION 3: Relief from LDC Section 4.06.02.C.4. — "Suffer Requirements — Types of buffers", which requires a landscape buffer shall be required adjacent to any road right-of- way external to the development project and adjacent to any primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development to instead allow installation of a 15 foot wide type'B' buffer adjacent to the internal lake as shown on the conceptual PIED Master Plan. This deviation shall only apply if the westernmost 361 feet of the westerly portion of the P U D (a.k.a. north 180 feet of Tract 116, Golden Gate Estates Unit 22 subdivision), which is the single western parcel immediately abutting 4th ST. NE, is acquired on or before August 31, 2021, by the adjacent single-family homeownerto the north (a.k.a. the south half of Tract 115, Golden Gate Estates Unit 22 subdivision). PL20200000546, RCHD I CPUD F-rh .4-F DP-41- T46.dorx April 28. Z02I Page 7 oi' 14 EXHIBIT F BCHD i CPU❑ DEVELOPMENT COMMITMENTS 1. 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 PUD approval, the Managing Entity is BCHD I Partners, LLC, 2600 Golden Gate Parkway, Naples, FL 34105. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the 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. 2. MISCELLANEOUS a. All other applicable state or federal permits must be obtained before commencement of the development. b. 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. c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures— backlight, uptight 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 (i.e. not applicable to Immokalee Rd). d. All buildings shall be of similar architectural design and have similar design elements. PL20200000546, BCHD 1 CPUD L•:xh A-F DRAFT-r6. docx April 2$, 2021 Page 8 of 10 3. TRANSPORTATION The total daily trip generation for the P U D shall not,exceed 681 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 south to allow access to all connection points with Immokalee Road, consistent with the conceptual PU❑ Master Plan, Exhibit C. The final location of the access paint will be coordinated with the adjacent property owner and a cross -access easement 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. c. Vehicular interconnection will be provided to the north consistent with the conceptual PUD Master Plan, Exhibit C. The final location of the access point will be coordinated with the adjacent property owner and a cross -access easement will be provided at time of Site Development Plan for the commercial outparcel(s) north of the signalized entry road. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns at the time the autparcel(s) is developed and completed prior to Certificate of Occupancy. Sidewalks connecting to the Immokalee Road ROW shall be provided on both the north and south sides of the entrance road/drive. 4. ENVIRONMENTAL The CPUD shall be required to preserve 15% of native vegetation. 19.01± acres of native vegetation exists on -site requiring a minimum preservation of 2.85± acres (19.01 x .15 = 2.85). A minimum of 2.85± acres of native vegetation shall be retained on -site. b. A management plan for Florida Black Bear shall be submitted for review and approval at time of final plat or SDP for the project, whichever is applicable. LANDSCAPING 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. In order to meet the LDC requirements for a Type 'B' buffer a 6 foot wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planning within the preserve, plantings will be provided in the 6 foot wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or Plat and included on the landscape plans for the SDP or Plat. PL20200000546, BUID I CPUD Exh A-F DRAFT46dacx April 28, 2021 Page 9 or 10 6. SPECIAL CONDITIONS a. No adult orientated sales are permitted. b. Outdoor amplified sound shall be limited to areas layeled C on the Master Plan adjacent to Immokalee Road and at least 500 feet from adjacent western residential parcels. There will be no outdoor amplified sound between the hours of 9 p.m. and 8 a.m. weekdays and 10 p.m. and 8 a.m. on weekends. c. There will be no outdoor dining adjacent to residential properties. d, Delivery bays shall not abut external residential development. e. All pole lighting shall be limited to flat full cutoff shields. f, All buildings shall be designed with unifying architectural design elements. g. No commercial structures will be constructed on the westerly portion of the PUD (a.k.a. north 180 feet of Tract 116, Golden Gate Estates Unit 22 subdivision), which is the single western parcel immediately abutting 4th St. NE. this area will be used for native preservation, stormwater management or buffer areas only; however, the immediately adjacent single family homeowner to the north (a.k.a. the south half of Tract 115, Golden Gate Estates Unit 22 subdivision) may establish a driveway for the sole benefit and exclusive use of that homeowner's residential property. There shall be no access to commercial uses within the CPUD from 4th St. NE. h. Should the westernmost 361 feet of the westerly portion of the PUD (a.k.a. north 180 feet of Tract 116, Golden Gate Estates Unit 22 subdivision), which is the single western parcel immediately abutting 4th ST. NE, be acquired by the property owner of the adjacent northern parcel (a.k.a. the south half of Tract 115, Golden Gate Estates Unit 22 subdivision) on or before August 31, 2021, that area shall not be utilized for water management purposes and no buffers will be required on the northern, western and southern portions of that property. A 15 foot wide type '13' landscape buffer will be provided east of the acquired portion of the property adjacent to the western end of the proposed water management area as shown on the Master Plan. In the event the property is not acquired by the property owner of the adjacent northern parcel (a.k.a. the south half of Tract 115, Golden Gate Estates Unit 22 subdivision) on or before August 31, 2021, then that area may be utilized for water management purposes and buffers shall be provided per the LDC at time of SDP. i. Owner will install chain link fencing around the lake as required by the LDC or Code of Laws and Ordinances at time of Site Development Plan approval. PL20200000546, BC11D 1 CPUD Fxh A-F DRr4 T-r6docx April 28. 2021 Page 10 of 10 �. Ak .No FLORIDA DEPARTMENT Of STATE' RON DESANTIS Governor May 4, 2021 Ms. Teresa Cannon, BMR Senior Clerk 11 Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Cannon: LAUREL M.LEE Secretary of State Pursuant to the provisions of Section 125.66. Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-20, which was filed in this office on May 4, 2021. Sincerely, Ernest L. Reddick Program Administrator FLRIIb R. A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 PENINSULAJv.,SL ENGINEERING UPDATED December 20, 2022 Collier County Growth Management Department ATTN: Mike Sawyer, Transportation Planning 2800 North Horseshoe Drive Naples, FL 34104 RE: BCHD I CPUD PUD Amendment — PL20220003428 TIS Waiver Request Mr. Sawyer: Please accept this letter of No Impact—TIS Waiver request for the above referenced PUD Amendment application. The proposed amendment seeks to add additional acreage and make associated revisions to the Master Concept Plan. There are no proposed changes to the schedule of uses or access locations. The amendment seeks to clarify that indoor self -storage uses, which typically require larger amounts of floor area but generate significantly fewer vehicle trips, are treated differently from other commercial floor area. This has been accomplished by amending the permitted commercial intensity language to state: A maximum of 200-808100,000 square feet of gross commercial floor area and 130,000 square feet of indoor self -storage floor area shall be permitted within the CPUD... While the total floor area allowed within the PUD increases from 200,000 to 230,000 square feet, the PUD will continue to be subject to a total daily trip generation of 681 two-way PM peak hour net trips. The 681 two-way PM peak hour net trips are based on 200,000 square feet of commercial shopping center as outlined in the TIS submitted with the original CPUD zoning (PL20200000546), which is significantly higher than the maximum potential development proposed with this amendment. A copy of that TIS is attached to this letter. Please feel free to contact me at (239) 403-6727 or by email at cscott@pen-eng.com should you have any questions or require additional information. Sincer ly, Ch istopher 0. Scott, AICP Planning Manager 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 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) TPBDIICOCN planning•enWeerina Traffic Impact Statement BCHD-I (fka Immokalee Road - Estates Commercial Subdistrict) Commercial Planned Unit Development (CPUD)/ Growth Management Plan Amendment (GMPA) Prepared for: Q. Grady Minor and Associates, PA 3800 Via Del Rey, Bonita Springs, FL 34134 Phone: 239-947-0375 Collier County, Florida 01/29/2021 Prepared by: Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Collier County Transportation Methodology Fee* — $500.00 Fee Collier County Transportation Review Fee* — Maior Study — $1,500.00 Fee Note — *to be collected at time of first submittal TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Statement of Certification I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. This item has been electronically signed and sealed by Norman J. Trebilcock, P.E., State of Florida license 47116, using a SHA-1 authentication code. Printed copies of this document are not considered signed and sealed, and the SHA-1 authentication code must be verified on any electronic copies. =o4 No 47116 O�� :A STATE OF '4� O R I?.. [2*� Digitally signed by Norman Trebilcock DN: c=US, st=Florida, l=Naples, o=Norman Trebilcock, cn=Norman Trebilcock, email=ntrebilcock@trebilcock.biz Date: 2021.01.29 14:26:11-05'00' Norman J. Trebilcock, AICP, PTOE, PE FL Registration No. 47116 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 Trebilcock Consulting Solutions, PA P a g e 1 2 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road— Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Table of Contents ProjectDescription.......................................................................................................................................4 TripGeneration.............................................................................................................................................5 Trip Distribution and Assignment.................................................................................................................7 BackgroundTraffic......................................................................................................................................11 Existing and Future Roadway Network.......................................................................................................13 Project Impacts to Area Roadway Network -Link Analysis..........................................................................15 Site Access Turn Lane Analysis....................................................................................................................17 ImprovementAnalysis................................................................................................................................18 Mitigationof Impact...................................................................................................................................19 Appendices Appendix A: Project Master Plan...............................................................................................................20 Appendix B: Initial Meeting Checklist (Methodology Meeting)................................................................. 22 Appendix C: Trip Generation Calculations ITE 10th Edition....................................................................... 29 Trebilcock Consulting Solutions, PA P a g e 1 3 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Project Description The subject project is a proposed commercial/retail development located on the west side of Immokalee Road (CR 846), north of the intersection of Immokalee Road and Randall Boulevard, within Section 22, Township 48 South, Range 27 East, in Collier County, Florida. Refer to Figure 1— Project Location Map, which follows and Appendix A: Project Master Plan. Figure 1— Project Location Map J .. •• ••. a�wneam � �sN � am OIL s Project � � � f e NMF�9dplrMlluWs �q S LdN[. MbNle r Go gle The property is currently vacant land. The subject site is approximately 20 acres in size and is currently zoned as Estates Zoning District ("E") as illustrated in the adopted Collier County 2012-2025 Future Land Use Map (FLUM). The purpose of this report is to document the transportation impact analysis for the proposed Growth Management Plan Amendment (GMPA) of the BCHD-I (fka Immokalee Road — Estates Commercial Subdistrict) project from Estates zoning District to Commercial Planned Unit Development (CPUD) District. The proposed change would allow for two development scenarios as follow: Scenario 1 — 200,000 square feet (sf) retail building; or, Scenario 2 — 150,000 square feet (sf) retail building and 50,000 sf of medical office. Conservatively, this analysis classifies the proposed retail building as shopping center for traffic generation purposes. For the purposes of this evaluation, the project build -out year is assumed to be consistent with the Collier County 2025 planning horizon. Trebilcock Consulting Solutions, PA P a g e 14 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 The project provides a highest and best use scenario with respect to the project's proposed trip generation. The development program is illustrated in Table 1. Table 1 Development Program at Buildout Conditions Scenario 1 Retail Shopping Center 820 200,000 sf Scenario 2 Retail Shopping Center 820 150,000 sf Medical Office Medical - Dental Office Building 720 50,000 sf Based on the project location relative to Immokalee Road (refer to Appendix A), connection to subject project is expected to consist of a full movement access drive onto Immokalee Road (CR 846) at its intersection with Orange Tree Boulevard, which is currently a signalized intersection. A methodology meeting was held with the Collier County Transportation Planning staff on October 15, 2020 via email (as referenced in Appendix B: Initial Meeting Checklist). Trip Generation The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trri Generation Manual, loth Edition. The software program OTISS — Online Traffic Impact Study Software (most current version) is used to create the raw unadjusted trip generation for the project. The ITE equations are used for the trip generation calculations. Detailed calculations can be found in Appendix C: Trip Generation Calculations ITE 10th Edition. The internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. The ITE guidelines provide internal capture provisions for retail and office uses interactions. Per Collier County Traffic Impact Study (TIS) Guidelines and Procedures, the internal capture trips should be reasonable and should not exceed 20% of the total project trips. Projected internal capture traffic reduction for the Scenario 2 development is calculated as 7.3% of the unadjusted PM peak hour traffic. Consistent with ITE guidelines and Collier County Traffic Impact Study (TIS) Guidelines and Procedures, the internal capture trips are not considered for Scenario 1 development. The pass -by trips account for traffic that is already on the external roadway network and stops at the project on the way to a primary trip destination. It should be noted that the driveway volumes are not reduced as a result of the pass -by reduction, only the traffic added to the surrounding streets and intersections. As such, pass -by trips are not deducted for operational -access analysis (all external traffic is accounted for). Trebilcock Consulting Solutions, PA P a g e 1 5 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Per ITE User's Guide and Handbook recommendations, PM peak period average pass -by trip percentage is 34% for the Shopping Center land use (ITE LUC 820). Per Collier County TIS Guidelines and Procedures, the pass -by capture for shopping centers should not exceed 25% for the peak hour. Therefore, based on a conservative approach, this analysis calculates pass -by reduction for shopping center as 25% for AM and PM peak hours, and 15% for daily two-way traffic. The projected trip generation scenarios for the proposed development at build out conditions are illustrated in Table 2A and Table 2B. Table 2A Trip Generation (Proposed Development — Scenario 1) — Average Weekday 24 Hour Development Two -Way AM Peak Hour PM Peak Hour Volume ITE Land Use Size Enter Exit Total Enter Exit Total Shopping Center 200,000 sf 9,632 156 96 252 436 472 908 Unadjusted Traffic Internal Capture N/A N/A N/A N/A N/A N/A N/A External Traffic 9,632 156 96 252 436 472 908 Pass -by 1,445 39 24 63 109 118 227 Net External Traffic 8,187 117 72 189 327 354 681 Table 2B Trip Generation (Proposed Development — Scenario 2) — Average Weekday 24 Hour Development Two -Way AM Peak Hour PM Peak Hour Volume ITE Land Use Size 150,000 sf 7,921 50,000 sf 1,833 9,754 586 Enter Exit Total Enter Exit Total Shopping Center Medical -Dental Office Building Unadjusted Traffic 141 86 227 352 382 734 94 27 121 48 124 172 235 113 348 400 506 906 Internal Capture 12 12 24 33 33 66 External Traffic 9,168 223 101 324 367 473 840 Pass -by Net External Traffic 1,144 33 21 54 82 93 175 8,024 190 80 270 285 380 665 Trebilcock Consulting Solutions, PA P a g e 1 6 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 In agreement with the Collier County TIS guidelines, significantly impacted roadways are identified based on the proposed project highest peak hour trip generation (net external traffic) and consistent with the peak hour of the adjacent street traffic. Based on the information contained in Collier County 2020 Annual Update and Inventory Report (AUIR), the peak hour for the adjacent roadway network is PM peak hour. Based on the trip generation results, from a traffic standpoint, the proposed Scenario 1 development is more intense when compared against Scenario 2 option. In addition, as illustrated in Table 2A, the PM peak hour yields a higher trip generation rate when compared to the AM peak hour. For the purpose of this report, the surrounding roadway network link concurrency analysis is analyzed based on projected PM peak hour of net external traffic (pass -by traffic is considered) generated by the proposed Scenario 1 development at buildout conditions. The estimated net new increase in external trips by the proposed amendment at build out is 681 PM peak hour two-way trip ends. Trip Distribution and Assignment The net external traffic generated by the proposed project is assigned to the adjacent roadways using the knowledge of the area and engineering judgement. The site -generated trip distribution is shown in Table 3 and it is graphically depicted in Figure 2 — Project Distribution by Percentage and by PM Peak Hour. Trebilcock Consulting Solutions, PA P a g e 1 7 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Table 3 Proposed Development — Traffic Distribution for PM Peak Hour Roadway Link Collier County Link No. Distribution PM Peak Hour Roadway Link Location of Project Project Vol.* Traffic Enter Exit Collier Blvd. to Wilson Blvd. 15% EB —49 WB — 53 Wilson Blvd. to Randall Blvd. 35% EB —114 WB —124 Randall Blvd. to Project 50% EB —164 WB — 177 Immokalee Rd. (CR 846) 44.0 Immokalee Rd. (CR 846) Immokalee Rd. (CR 846) 45.0 45.0 Immokalee Rd. (CR 846) 45.0 Project to Oil Well Rd. 40% WB —131 EB —142 Immokalee Rd. (CR 846) 46.0 Oil Well Rd. to 47th Ave. NE 10% WB — 33 EB — 35 Immokalee Rd. (CR 846) 46.0 47th Ave.NE to SR 29 5% WB —16 EB —18 Wilson Blvd. 118.0 South of Immokalee Rd. 15% NB-49 SB-53 5% EB —16 WB-1 5% WB —16 EB —18 15% WB — 49 10% WB — 33 EB — 35 Golden Gate Blvd. 17.0 Collier Blvd. to Wilson Blvd. Wilson Blvd. to 18th St NE/SE Golden Gate Blvd. Randall Blvd. Randall Blvd. 123.0 132.0 Immokalee Rd. to 8th St NE 132.0 81h St NE to 16th St NE Randall Blvd. 132.0 16th St NE to Everglades Blvd. 5% WB —16 EB —18 Randall Blvd. 133.0 Everglades Blvd. to Desoto Blvd. 5% WB —16 EB —18 Oil Well Rd. 119.0 Immokalee Rd. to Hawthorn Rd. 25% WB — 82 EB — 89 Oil Well Rd. 119.0 Hawthorn Rd. to Everglades Blvd. 15% WB — 49 EB — 53 Oil Well Rd. Everglades Blvd. 120.0 Everglades Blvd. to Desoto Blvd. 5% WB —16 EB —18 SB —18 NB —16 135.0 South of Oil Well Rd. 5% North of Oil Well Rd. 5% Everglades Blvd. 136.0 SB —16 NB —18 Note(s): *Peak hour, peak direction traffic volumes are underlined and bold to be used in Roadway Link Level of Service calculations. The peak direction of the roadway segments is illustrated in the 2020 AUIR. Trebilcock Consulting Solutions, PA P a g e 18 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Figure 2 — Project Distribution by Percentage and by PM Peak Hour Project Distribution by Percentage ABS = Absorption lrrmo4.aE?a Ri 1-n1den G*e @Ivd a 5°/h 1 1 V m 10% s% Aas Project ` !Li 4O% Vfee 5096 416 Twi l I .%ABs Infor ,596 i 35% 15% 3% ABS K iE 5°� 596 2 °io ABS ' 110% ABSI 1596 T= = 100�0 > H ABS 0I %AOG Rd 15% 1 5% ABS 5% ABS Goldan Ga#g 5kd LEI Raidail Bw�i Trebilcock Consulting Solutions, PA P a g e 19 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Project Distribution by PM Peak Hour Sw I III p Enter- 16 Exit- 18 Immikalee Rd Enter-33. Exll-35 I. n Project 0 :064, Exit-177 �. 9 Twi n Ea I s_� Enter49, Exit-53 67ter48, Exlt-53 N m Enter-16, Exit-16 xlt-89 Enter-49, Exit-53 En#ef 16, Exit-1 S ee -----__-- A v%011 Rd 1 nd Enter-33, Exit-35 Enter-16, Exit-18 Enter-49, Exit-53 1 Enter-114. Exlt-1241 Enter-16, Exit-18 7ter-16, Exit-18 Galden rig Elvd �aoM7an EAt�, $Ird L5 T w Enter-16, Exit-18 Rardal Elva. Enter-16, Exit-18 Trebilcock Consulting Solutions, PA P a g e 1 10 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Background Traffic Average background traffic growth rates are estimated for the segments of the roadway network in the study area using the Collier County Transportation Planning Staff guidance of a minimum 2% growth rate, or the historical growth rate from peak hour peak direction volume (estimated from 2008 through 2020), whichever is greater. Another way to derive the background traffic is to use the 2020 Annual Update and Inventory Report (AUIR) volume plus the trip bank volume. The higher of the two determinations is to be used in the Roadway Link Level of Service analysis. Table 4, Background Traffic without Project illustrates the application of projected growth rates to generate the projected background (without project) peak hour peak direction traffic volume for the build -out year 2025. Trebilcock Consulting Solutions, PA P a g e 1 11 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road - Estates Commercial Subdistrict) - CPUD/GMPA - TIS -January 2021 Table 4 Background Traffic without Project (2020 - 2025) 2025 Projected 2025 2020 AUIR Projected Pk Hr, Peak Dir Projected Pk Pk Hr, Pk CC Traffic Background Hr, Peak Dir Dir Roadway AUIR Roadway Link Annual Growth Traffic Volume Trip Background Backgroun Link Link Lnratinn Grnwth Fartnr w/nut PrniPrt Rank Traffir Vnlume ID# a rattic dame Rate (trips/hr) w/out Project Volume (%/yr)* Growth (trips/hr) Trip (trips/hr) Factor** Bank*** Immokalee Collier Blvd. to 44.0 2,480 4.0% 1.2167 3,017 725 3,205 Rd. (CR 846) Wilson Blvd. Immokalee Wilson Blvd. to 45.0 2,310 3.12% 1.1660 2,693 465 2,775 Rd. (CR 846) Randall Blvd. Immokalee Randall Blvd. to 45.0 2,310 3.12% 1.1660 2,693 465 2,775 Rd. (CR 846) Project Immokalee Project to Oil 45.0 2,310 3.12% 1.1660 2,693 465 2,775 Rd. (CR 846) Well Rd. Immokalee Oil Well Rd. to Rd. (CR 846) 46.0 47th Ave.NE 480 4.0% 1.2167 584 178 658 Immokalee 47th Ave.NE to 46.0 480 4.0% 1.2167 584 178 658 Rd. (CR 846) SR 29 South of Wilson Blvd. 118.0 350 2.0% 1.1041 386 0 350 Immokalee Rd. Golden Gate Collier Blvd. to 17.0 1,910 2.0% 1.1041 2,109 0 1,910 Blvd. Wilson Blvd. Golden Gate Wilson Blvd. to 123.0 Blvd. 18th St NE/SE 1440 2.0% 1.1041 1,590 15 1455 ' Immokalee Rd. togth Randall Blvd. 132.0 St NE 870 2.0% 1.1041 961 23 893 8th St NE to Randall Blvd. 132.0 16th St N E 870 2.0% 1.1041 961 23 893 16th St NE to Randall Blvd. 132.0 870 2.0% 1.1041 961 23 893 Everglades Blvd. Everglades Blvd. Randall Blvd. 133.0 665 2.0% 1.1041 735 0 665 to Desoto Blvd. Immokalee Rd. to 0il Well Rd. 119.0 950 4.0% 1.2167 11156 417 1,367 Hawthorn Rd. Hawthorn Rd. to Well Rd. 119.0 La 950 4.0% 1.2167 1,156 417 1,367 Everglades Blvd. Everglades Blvd. Oil Well Rd. 120.0 370 2.0% 1.1041 409 212 582 to Desoto Blvd. Everglades South of Oil 135.0 418 2.0% 1.1041 462 58 476 Blvd. Well Rd. Everglades North of Oil 136.0 560 3.08/ 1.1638 652 0 560 Blvd. Well Rd. Note(s): *Annual Growth Rate - from 2020 AUIR, 2% minimum "Growth Factor = (1 + Annual Growth Rate)s. 2025 Projected Volume = 2020 AUIR Volume x Growth Factor. `2025 Projected Volume = 2020 AUIR Volume + Trip Bank. The projected 2025 Peak Hour - Peak Direction Background Traffic is the greater of the Growth Factor or Trip Bank calculation, which is underlined and bold as applicable. Trebilcock Consulting Solutions, PA P a g e 1 12 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Existing and Future Roadway Network The existing roadway conditions are extracted from the Collier County 2020 AUIR and the project roadway conditions are based on the current Collier County 5-Year Work Program. Roadway improvements that are currently under construction or are scheduled to be constructed within the five- year Transportation Improvement Plan (TIP) or Capital Improvement program (CIP) are considered to be committed improvements. The Randall Boulevard segment from Immokalee Road to 8t" Street NE has intersection improvements planned which will include 4-laning Randall Boulevard to 8t" Street NE. As such, this Randall Boulevard segment is expected to have a 2025 peak direction, peak hour capacity volume of 2,000 vph. As no other improvements were identified in the Collier County 2020 AUIR, the other evaluated roadways are anticipated to remain as such through project build -out (2025 planning horizon year). The existing and future roadway conditions are illustrated in Table 5, Existing and Future Roadway Conditions. Trebilcock Consulting Solutions, PA P a g e 1 13 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Table 5 Existing and Future Roadway Conditions CC 1 2020 Peak 2025 Peak 2020 Min. 2025 Roadway AUIR Roadway Link Dir, Peak Hr Dir, Peak Hr Roadway Standard Roadway Link Link ID Location Capacity Capacity Condition LOS Condition # Volume Volume I Immokalee Rd. 44.0 (CR 846) Collier Blvd. to 6D E Wilson Blvd. _ Wilson Blvd. to 6D E 3,300 (EB) 6D _ 3,300 (EB) 6D 3,300 (EB) 3,300 (EB) Immokalee Rd. 45.0 (CR 846) Randall Blvd. Randall Blvd. 6D E 3,300 (EB) 6D 3,300 (EB) Immokalee Rd. 45.0 (CR 846) to Project Immokalee Rd. 45.0 Project to 6D E 3,300 (EB) 6D 3,300 (EB) (CR 846) Oil Well Rd. Immokalee Rd. 46.0 Oil Well Rd. to 2U D 900 (EB) 2U 900 (EB) (CR 846) 47th Ave.NE 47th Ave. NE to Immokalee Rd. (CR 846) 46.0 SR 29 2U D 900 (EB) 900 (SB) 2U 900 (EB) 900 (SB) Wilson Blvd. 118.0 South of 2U D 2U Immokalee Rd. Golden Gate 17.0 Collier Blvd. to 4D D 2,300 (EB) 4D 2,300 (EB) Blvd. Wilson Blvd. 123.0 Wilson Blvd. to 4D D 2,300 (EB) 4D 2,300 (EB) Golden Gate Blvd. 1811 St NE/SE 4D 2,000 EB ( ) Randall Blvd. 132.0 Immokalee Rd. to 8th St NE 2U D 900 EB ( ) 811 St NE to Randall Blvd. 132.0 1611 St NE 2U D 900 (EB) 2U 900 (EB) 16th St NE to Randall Blvd. 132.0 2U D 900 (EB) 2U 900 (EB) Everglades Blvd. Randall Blvd. 133.0 Everglades Blvd. 2U D 900 (EB) 2U 900 (EB) to Desoto Blvd. Immokalee Rd. to Oil Well Rd. 119.0 4D D 2,000 (EB) 4D 2,000 (EB) Hawthorn Rd. 119.0 Hawthorn Rd. to 4D D 4D Oil Well Rd. 2,000 (EB) 2,000 (EB) Everglades Blvd. Everglades Blvd. Oil Well Rd. 120.0 2U D 1,100 (EB) 2U 1,100 (EB) to Desoto Blvd. Everglades Blvd. 135.0 South of Oil 2U D 800 (NB) 2U 800 (NB) Everglades Blvd. 136.0 Well Rd. North of Oil Well Rd. 2U AL D 800 (NB) 800 (NB) 2U Note(s): 2U = 2-lane undivided roadway; 4D, 6D, 8D = 4-lane, 6-lane, 8-lane divided roadway, respectively; LOS = Level of Service. Trebilcock Consulting Solutions, PA P a g e 1 14 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road— Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Project Impacts to Area Roadway Network -Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project, which are evaluated to determine the project impacts to the area roadway network in the future horizon (2025). The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent to the link directly accessed by the project; 3% for other subsequent links and if the roadway is projected to operate below the adopted LOS standard. Table 6 illustrates the LOS traffic impacts of the project to the area roadway network. Trebilcock Consulting Solutions, PA P a g e 1 15 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road - Estates Commercial Subdistrict) - CPUD/GMPA - TIS -January 2021 Table 6 Roadway Link Level of Service (LOS) - With Project in the Year 2025 2025 Peak Roadway % Vol Min LOS Min LOS CC Peak Dir,Peak Link Peak Capacity exceeded exceeded Roadway AUIR Roadway Link r, P DiPeak Hr Hr Dir, Peak Hr Impact without with Link Link ID Location Volume # Capacity (Project Vol w/ pro ect** by Project? Project? Volume Added)* Project Yes/No Yes/No Immokalee Collier Blvd. to 44.0 3,300 (EB) EB-49 3.254 1.5% No No Rd. (CR 846) Wilson Blvd. Immokalee Wilson Blvd. to 45.0 3,300 (EB) EB -114 2,889 3.5% No No Rd. (CR 846) Randall Blvd. Immokalee Randall Blvd. 45.0 3,300 (EB) EB -164 2,939 5.0% No No Rd. (CR 846) to Project Immokalee 45.0 Project to 3,300 (EB) EB -142 2,917 4.3% No No Rd. (CR 846) Oil Well Rd. Oil Well Rd. to Immokalee Rd. (CR 846) 46.0 4711 Ave. NE 900 EB ( ) EB - 35 693 3.9% No No Immokalee 47' Ave. NE 46.0 900 (EB) EB -18 676 2.0% No No Rd. (CR 846) to SR 29 South of Wilson Blvd. 118.0 900 (SB) SB - 53 439 5.9% No No Immokalee Rd. Golden Gate Collier Blvd. to 17.0 2,300 (EB) EB -16 2,125 0.7% No No Blvd. Wilson Blvd. Golden Gate Wilson Blvd. to Blvd. 123.0 18t' St NE/SE 21300 (EB) EB -18 1.608 0.8% No No Randall Immokalee Rd. Blvd. 132.0 to 8tn St NE 2,000 (EB) EB-53 1,014 2.7% No No Randall 8tn St NE to Blvd. 132.0 16t' St NE 900 (EB) EB - 35 996 3.9% Yes Yes Randall 16th St NE to 132.0 900 (EB) EB -18 979 2.0% Yes Yes Blvd. Everglades Blvd. Randall Everglades Blvd. 133.0 900 (EB) EB -18 753 a 2.0% No No Blvd. to Desoto Blvd. Immokalee Rd. to Oil Well Rd. 119.0 2,000 (EB) EB - 89 1,456 4.5% No No Hawthorn Rd. Hawthorn Rd. to Oil Well Rd. 119.0 2,000 (EB) EB - 53 1,420 2.7% No No Everglades Blvd. Everglades Blvd. Oil Well Rd. 120.0 1,100 (EB) WB -16 598 o 1.5/ No No to Desoto Blvd. Everglades South of Oil 135.0 800 (NB) NB -16 492 2.0% No No Blvd. Well Rd. North of Oil Everglades 136.0 800 (NB) NB -18 670 2.3% No No L Blvd. Well Rd. Note(s): *Refer to Table 3 from this report. **2025 Projected Volume = 2025 background (refer to Table 4) + Project Volume added. Trebilcock Consulting Solutions, PA P a g e 1 16 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road— Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Based on the information illustrated in Table 6, the following roadway segments are significantly impacted from a traffic perspective: Immokalee Road from Wilson Boulevard to 47th Avenue NE, Wilson Boulevard from Immokalee Road to Golden Gate Boulevard, Randall Boulevard from Immokalee Road to 16th Street NE, Oil Well Road from Immokalee Road to Everglades Boulevard and Everglades Boulevard north of Oil Well Road. Based on the data contained within the 2020 AUIR, the Randall Boulevard segment from 8th Street NE to Everglades Boulevard (Link ID #132.0) is shown to operate with a LOS deficiency in 2025 under background conditions. The Randall Boulevard segment is being evaluated through the Randall Boulevard Corridor Study (underway) and Immokalee Road and Randall Boulevard intersection improvement PD&E (underway). As illustrated in Table 6, all other analyzed roadway links are projected to operate within Collier County's adopted LOS standard with or without the project at 2025 future build -out conditions. Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) states that "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." The Developer proposes to provide a transportation mitigation plan in order to stay consistent with Policy 5.1 of the Transportation Element of the Collier County's GMP. The Developer may be required to assist the County with potential capacity/operational improvements that would provide sufficient capacity on the Randall Boulevard analyzed segment. It is noted that the Immokalee Road analyzed segments are Collier County designated hurricane evacuation routes as depicted in Collier County Transportation Element — Map TR - 7. Site Access Turn Lane Analysis Connection to subject project is expected to consist of a full movement access drive onto Immokalee Road (CR 846) at its intersection with Orange Tree Boulevard, which is currently a signalized intersection. Immokalee Road (CR 846) is a 6-lane urban divided arterial under Collier County jurisdiction, and has a posted legal speed of 45 mph in the vicinity of the project. Based on FDOT Standard Plans Index 711- 001, for a posted speed of 45 mph — urban conditions — the minimum turn lane length is 240 feet (which includes a 50 foot taper) plus required queue. Project access is evaluated for turn lane warrants based on Collier County Right-of-way Manual: (a) two- lane roadways — 40 vph for right -turn lane/20 vph for left -turn lane; and (b) multi -lane divided roadways Trebilcock Consulting Solutions, PA P a g e 1 17 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 — right turn lanes shall always be provided; and (c) when new median openings are permitted, they shall always include left turn lanes. A dedicated westbound right -turn lane and a dedicated eastbound left -turn lane are warranted as the project meets the multi -lane criterion. Currently, there is an existing +/-340 foot eastbound left -turn lane servicing this intersection. A detailed evaluation of applicable access points will be performed at the time of site development permitting/platting to determine traffic operational requirements, as more accurate parameters will be made available. Improvement Analysis Based on the data contained within the 2020 AUIR, the Randall Boulevard segment from 8th Street NE to Everglades Boulevard (Link ID #132.0) is shown to operate with a LOS deficiency under 2025 background conditions. All other roadway network facilities have sufficient capacity to accommodate the proposed new trips for the amended project within the 5-year planning period. Based on the traffic impact analysis results, the proposed project is a significant traffic generator for the roadway network at this location. The Developer proposes to provide a transportation mitigation plan in order to stay consistent with Policy 5.1 of the Transportation Element of the Collier County's GMP. The Developer may be required to assist the County with potential capacity/operational improvements that would provide sufficient capacity on Randall Boulevard analyzed segment. The Mitigation Plan for the project is provided in the Mitigation of Impact section of this TIS. Consistent with the site access turn lane analysis results, site related turn lane improvements are warranted to accommodate traffic at build -out conditions. Per Collier County Right-of-way (ROW) Handbook Guidelines, if existing ROW is utilized for site related turn lane improvements, compensating ROW must be provided. A detailed evaluation of applicable access points will be performed at the time of site development permitting/platting to determine traffic operational requirements, as more accurate parameters will be made available. The maximum total daily trip generation for the proposed development shall not exceed 681 two-way PM peak hour net new trips based on the land use codes in the ITE Trip Generation Manual in effect at the time of application for SDP/SDPA or subdivision plat approval. Trebilcock Consulting Solutions, PA P a g e 1 18 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project, as applicable. The impact fees paid for by the project will compensate for the project impacts and specifically for the concurrency fair share portion required to restore the deficient roadway link 132 (Randall Blvd) as identified in this report (Table 6). The proposed access management approach for the project includes interconnection to future adjacent developments (both north and south) as well as connection modifications to the existing Orangetree Signal at Orangetree Blvd. The project access approach will provide efficient access and promote internal capture between the adjacent developments limiting trips on the adjacent roadway network. In addition, Vanderbilt Beach Road is being improved as a parallel facility to Randall Blvd, which will relieve traffic volumes on Randall Blvd. We believe our mitigation plan addresses the project's significant impacts on the roadways. Trebilcock Consulting Solutions, PA P a g e 1 19 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Appendix A: Project Master Plan Trebilcock Consulting Solutions, PA P a g e 1 20 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 ZM ory Q f a A z co �QN CVO s e �m 0 r w -w > �.4- J wWa Ij.l G C7ri ^a g0 LU��aa6'v Qr W cn Nam L¢[1v 3 v 0 ( a Y cv �YOW Z ii0� LLo� < "'mo mE o — Woo 1MMOKALEE RQAC7 ai Y F— LL] z W as 0 �` � � � 'r' � F vQvi � j o ❑ Imo_ o wow ozLL o LU 07 p z U. o 0 wz LL I �0 o j tom o aC) co No00 1 a a�w „ nF w E �� W ❑ 3a ae z a =n DE < 2 a: w LU o'3'LL Z • W Q <' w p ism, .°,j`.`' ©Q z I 0 u~]� Q Q ¢i- 0 0 u wa W a Js, �, W, O w Q W F r W W d ❑ co �. ZLL 0 ww I a d g ,2, W W W Z Ll p E LL W Lu a Z,' z p [if@z 0 w wz w �w I m a e p ❑I �r z � �. r ` �ll�iA��C,EA�1 1�7Ty 1 LU ui } I 0 g Of m 1 W o LU' �1l I W Uj dd LPL L7 LU U m y� m a0 0 azw U F a d¢ LL `444 ��I❑ LLI LU m 0 p Q 0LUQ Op n w IL ui �¢¢WW z r rmm o U] ❑ J Q U) ❑ d wU) w m Q W LU V5 — � u.f LYLI a LL 1��1 w ui m Li LLJ LU 00 ~IL H LU < 0 J H LLI — 4TH STREET N.E. o Q 0Uj o d IllU _j U Trebilcock Consulting Solutions, PA P a g e 1 21 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Appendix B: Initial Meeting Checklist (Methodology Meeting) Trebilcock Consulting Solutions, PA P a g e 1 22 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 INITLXL MEETING CHECKLIST Suggestion: Use this Appendix as a vrorksheet to ensure thatno important elements are overlooked. Cross out the items that do not apply, or ILIA (not applicable). Dale: October I5. 2020 Tune: NIA Location: NIA —Via Email Peonle Attending: Name., Organization, said Telephone Numbers I) Michael Sawyer. Collier County Growth Manasement Division 2) Norman TrebiIcock. TC.S 3) Daniel Dovle, TCS Study Prenarer• Preparer's Name and Title: Norman TrebilcocL AICP. PE Organization: Trebiicock Consulting Solutions. PA Address & Telephone Number: 2800 Davis Boulevard, Suite 200, Naples, FL 34104 p11 239-566-9551 Ru%iewerfs): Reviewer's Name & Title: 1llichael Sawyer. Project Manager Collier County Transportation Planning Department Organization & Telephone Number: 239-252-2926 Applicant: Applicant's Naive: 0. Grady Muior and Associates. PA Address: 3800 Via DeI Rey. Bonita Springs, FL 34134 Telephone Number: 239-947-0375 Proposed Development: Name: BCIID-I (flea Immokalee Road — Estates Commercial Subdistrict) CPL-DiGMPA Location: West of Immokalee Road (C R 946). and directly west of the Immokalec road and Orange Tree Boulevard intersection, in Collier Coimty (refer to Figgre I) Land Use Type: Retail, Medical Office ITF, Code '': 111C 820 Shopping Center, I,UC 720 Medical -Dental {?ffice Building;. Description: The 12roRosed Traffic. Impact Statement (TIS) will support the Commercial Planned i?nit Development (CPUD) and Orowth Managcment Plan Alnendmc.nt (0XIPA) lnr the BCHD-I project. The applicant proposes to analyze 2 development scenarios: Scenario 1 — develop an up to 200-000 square fact (sf) shopping centcr, and Scenario 2 — 150,000 sCshopping censer and 5 0- 00 0 sf of medical oI iee. '111e site is approximately 20 acres of currently vacant Iand. Page 1 of 6 Trebilcock Consulting Solutions, PA P a g e 1 23 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Figure I — Project Uwatiun Map N P ro}e ct t V Zoning Fisting: 1=states 11:1. Comprehensive plan recommendation: CPITD Requested: ajproval for tw% development Findings of the Preliminary Stud-: Stud}' Wpg: Sincc projected net external AM or PM pLaect traffic is Maier than RX) two-way hour VjRs, this stud qualifies for a Maor TIS — sri Meant roadway and/or operational impacts. Proposed TIS will include trip ecmeratiom traffic distribution_ and assignments. significance (e+t (based on 20/6120/0% criterion). and operational silo ,icce'; analYS6, The report will Provide existing LOS and document the impact the Propo-sed chance will have on desisanated arterial and collector roads. Road%�a% concurrencv analysis — based on estimuled net uVemul PM traffic The TIS shall he consistent %%ith Col tier Counn TIS Guidelines and Priwudures Site Access — The alTlicant proM)sed one access connection on Immokalee Road. lmmokalce Road — segment from Wilx)n Blvd to Oil Well Road — Po."Iw SM-W — 4a UIP11. U!'`1gn Sneed — 45 mph. Q12mtional site access — TIS will include tam -lane warrant analysis only.. tntemal capture reductions are amsidered based on FIT and Collier Ctwnny guidelines recommendations. Pass-bv rates are based on Collier County TIS Guidelines. Page 2 of B Trebilcock Consulting Solutions, PA P a g e 1 24 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Stud,j pe: (il'not ncl incrcaw, operational study) Small Scale TIS ❑ Minor TIS ❑ maior'flS Studv Arm: Boundaries: Adiacent street — east-Immokalee Road Additional intersections to be analyzed: N/A Build Out Year: 2025 Planning Horizon Year: 2025 Analysis Time Period(s): PM Peale Hour Future Off -Site Developments: N,.-'A Source of Trip Generation Rates: ITE Trip Generation Manual. 10"' Edition Reductions in Trip Generation Rates: None: N/A Pass -by trips: Bascd on CC guidelines and rct o nmcndations Internal trips: Based on ITE and QC guidelines and recontunendationt+g Transit use: NIA Other: N/A horizon Year Roadwav Network Improvements: 2025 Nlethodoloey & Assumptions: Non -site trafTic estimates: Collier County traffic counts and 2020 Al) 1R Site -trip generation: OTISS — ITE 10'h Edition Trip distribution method: Engineer's Fslimale - refer to Figure 2 Traffic assignment method: nroiect trip treneration ►►ith haL1around growth Traffic grmAlh rate: historical growth rate or 2QI) minimum 'fuming mov'entems: Site Accesx - 100" o proiecled tragic will access the parcel via Inimokalee Rd. Page 3 of 6 Trebilcock Consulting Solutions, PA P a g e 1 25 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Figure 2--Project Trip Distribution by Percentage Project Distribution by Percentage m$ T ABS = Absorption 5% E 10% Project �% sex � � Naples 40: L'e ABS � 50% 10%ABS TwinEa i 576i�5 5� Infor '°% i 35% 15% 5%AB3 5%ABS 3% S Page 4 of 6 Trebilcock Consulting Solutions, PA P a g e 1 26 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Road I holluM: (I'rnm pf.limi11Un stud► cn prior raN6CIxcy Accidents locatitma 'v, -A 5i& distancc: Qwuing: _'J:;j ,-Ucess iccathm & configuration: tiLA Traffic control: M11�I'C]) Signal syatsrnt location & progression needs: 4 Opt -site pariang neecls: Vats Sixlr;xAi CC 2020 ll1R: CC 'I'r;jITi: C'OBTWW Base maps: NA Prior study' reports: _access pin] icy and jruisdidion: �r Review process: Reyuircrnanb: Atlscellaneous: LA Small %warp Study No Foe Minix Study - S750-00 1lfajor Study - SI-500.00 1 Afctho"ugy Fee $500.00 .l' Inclu1e9 ❑ interKeelkws Additional Intersections - S501.00 esc:h Ili fees +ril( be AWmd to during Me Md*&A&4aM, mee7ing and Ovular be paid to TraNsponslrnn Pnor ro wr efJ uw Me Ly)p6.AdVH. SIGNA'I'UR S Noryy'po. TYlb400ckz Study' Vrcparer Norman I'rrhilcc%A Rev ic" er(s ) -kprgk. llni Page i of'd Trebilcock Consulting Solutions, PA P a g e 1 27 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: 1Vlethodology Review, Analysis Review, and Sulfeiency Reviews. Nees for additional meetings or other optional services are also provided below. Xlethodolou_F1r Review - 5500 Fee Drlethodology Review includes rvo iew of a sulnnitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and re,6ew• of a "Small Stale Study" determination, written approval comments on a proposed methodology statement. and written confirmation of a re -submitted, amended methodology statement, and one tneeting in Collier County, if needed- " Sin all Scale Study" Review - No Additional Fee (Includes one sufficiency reviews Upon approval of the methodology review, flue applicant may submit the study. The review includes: a concun•ency determination site access inspection and contumation of the study compliance with trip generation, distribution and inaevnum threshold compliance. " Minor StudyRevije " - $750 Fee (Includes one sufficiency review} Review of the submitted traffic analysis includes: optional Geld visit to site, confiunation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed nnprmyements, review of traffic volume data collected'assembled, review of off -site improvements within the right-of-way, review of site access and circulation, and preparation and review of "sufficiency" commentsr'questions. "Major Study Review" - $1,500 Fee (Includes two intersection analysis and tiro sufficienev reviews Review of the submitted Iraffic analysis includes: field visit to site. confirmation of trip generation, special trip generation andlor trip length study, distribution and assignment, concurrmey determination, confirmation of committed improvements, review of tragic volume data collectediassembled, review oftrafFic growth analysis, review of off site roadway operations and capacity analysis. review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvt me°nt proposals and associated cost estimates, and preparation and review of up to two rounds of "Nufliciency" comments/questions andlor reconunended conditions of approval. ` Additionul intersection Rdeview" - S500 Fee '11e review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the " N4ajor Study Rovicw" "additional Sufficiency Reviews" - $51Xf Fee Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. Page 6 of 6 Trebilcock Consulting Solutions, PA P a g e 1 28 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Apuendix C: Trip Generation Calculations ITE 10th Edition Trebilcock Consulting Solutions, PA P a g e 1 29 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Project Information Immokalee Rd - Estates Commercial - Retail - Project Name: ITE 10th No: Date: 09/04/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Size Daily AM Peak Hour PM Peak Hour Entry Exit Entry Exit Entry Exit 820 - Shopping Center (General Urban/Suburban) 200 1000 Sq. Ft. GLA 4816 4816 156 96 436 472 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 722 723 39 24 109 118 Non -pass -by 4094 4093 117 72 327 354 Total 4816 4816 156 96 436 472 Total Reduction 0 0 0 0 0 0 Total Internal 0 0 0 0 0 0 Total Pass -by 722 723 39 24 109 118 Total Non -pass -by 4094 4093 117 72 327 354 Trebilcock Consulting Solutions, PA P a g e 1 30 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 PERIOD SETTING Analysis Name: Daily Project Name : Immokalee Rd - Estates No: Commercial - Retail - ITE 10th Date: 9/4/2019 City: StatelPronince: ZiplPostal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Size Variable Time Period Method Entry Exit Total 920 - Shopping Center 1000 Sq. Ft. GLA 200 Weekday Best Fit (LOG) 4816 4816 9632 (General Ln(T)=D_68Ln(X) 50% 50% UrbanlSuburban) +5.57 TRAFFIC REDUCTIONS Land Use Entry Reduction +Adjusted Entry Exit Reduction Adjusted Exit 820 - Shopping Center 0'W 4816 01% 4816 Land Use 820 - Shopping Center EXTERNAL TRIPS External Trips Pass -by% Pass -by Trips Non -pass -by Tn ps 9632 15 1445 8187 Trebilcock Consulting Solutions, PA P a g e 1 31 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 PERIOD SETTING Analysis Name: AM Peak Hour Project Name: Immokalee Rd - Estates No: Go rn nn eFci al - Retail - IT 1 Dth Date: 9/4/2019 City: StatolProvinco: ZiplPostal Code: Gauntry: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Size Time Period Method Entry Exit Total Variable 820 - Shopping Center 1000 Sq. Ft. GLA 200 Weekday, Peak Best Fit (LI N) 156 96 252 (General Hour of Adjacent T = 0.5 {X +151.78 62% 38% UrbanlSuburban) Street Traffic: One Hour Bet-ween 7 and 9 a.m. TRAFFIC REDUCTIONS Land Use Reduction Adjusted Entry Exit Reduction Adjusted Exit 820 - Shopping Center 0 % 156 0 % 96 Land Use 820 - Shopping Center EXTERNAL TRIPS External Trips Pass -by% Pass -by Trips Non -pass -by Trips 252 25 63 189 Trebilcock Consulting Solutions, PA P a g e 1 32 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 PERIOD SETTING Analysis Name: PM Peak Hour Project Name : Immokalee Rd - Estates No Commerdal - Retail - ITE 1 Dth Date- 914I2019 City StateiProvince: ZipfPostal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Size Time Period Method Entry Exit Total Variable 820 - Shopping Center 1000 Sq. Ft. GLA 200 Weekday. Peak Best Fit (LOG) 436 472 908 (General Hour of Adjacent Ln(T) = 0.74Ln(X) 48% 52% UrbanfSuburhanj Street Traffic, +2.69 One Hour Bebroeen 4 and 6 p.m. TRAFFIC REDUCTIONS Land Use Reduction Adjusted Entry Exit Reduction Adjusted Exit 820 - Shopping Center 0 % 436 0 % 472 Land Use 820 - Shopping Center EXTERNAL TRIPS External Trips Pass-by°k Pass -by Trips Non -pass -by Trips 906 (] 25 227 661 Trebilcock Consulting Solutions, PA P a g e 1 33 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Trebilcock Consulting Solutions, PA P a g e 1 34 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 PERIOD SETTING Analysis Name : Dally Project Name : Immokalee Rd - Estates No Commercial - Retail -Medical - ITE 10th Date: 9/4/2019 City: StatelProvince: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Size Time Period Method Entry Exit Total Variable 82D- Shopping Center 1D00 Sq. Ft. GLA 150 Weekday Best Fit (LOG) 3961 3960 7921 (General Ln(T) = 0.681.n(X) 50% 50 Urban/Suburban) +5.57 720- Medical -Dental 1000 Sq, Ft. GFA 50 Weekday Best Fit (LIN) 917 916 1833 Office Building T = 38.42 (X[ -87.62 50% 50% (General Urban/Suburban ) TRAFFIC REDUCTIONS Land Use ReductionEnt Adjusted Entry Exit Reduction Adjusted Exit 82D - Shopping Center 0 % 3961 D °I 396D 72D - Medical -Dental Office Building 0 % 917 ❑ I 916 INTERNAL TRIPS 820 - S hop p i ng Ce nter 720 - M ed i ca I-Denta i Office Bu i Id i ng Exit 3960 Demand Exit: 299E [1148] Balanced: Demand Entry: 4 % (37) Entry 917 Entry 3961 Demand Entry: 32 % (1268) Balanced. Demand Exit 28 % (256) Exit 916 256 Trebilcock Consulting Solutions, PA P a g e 1 35 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Trebilcock Consulting Solutions, PA P a g e 1 36 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 PERIOD SETTING Analysis Name: AM Peak HaUr Project Name: Immokalee Rd - Estates No: Commercial - Retail -Medical - ITE 10th Date: 9/4/2019 City: State/Province: Zip/Postal Coda: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual. 10th Ed Land Use Independent Size Time Period Method Entry Exit Total Variable 820 - Shopping Center 1000 Sq. Ft. GLA 150 Weekday, Peak Best Fit (LIN) 141 86 227 (General Hour of Adjacent T = 0.5 (X)+151.78 62°% 38% Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. 7 20 - Medical -Dental 1ODD Sq. Ft. GFA 50 Weekday, Peak BestFt(LOG) 94 27 121 CWce Building HourofAdjacent Ln(T)=0.89Ln(X) 78% 221 (General Street Traffic, +1.31 UrbaNSuburban) One Hour Between 7 and 9 a.m. TRAFFIC REDUCTIONS Lard UseEnt Red uction Adjusted Entry Exit Reduction Adjusted Exit 920 - Shopping Center 0 I 141 0 I 86 720 - Medical -Dental Cffce Building 0 % 94 0 °% 27 INTERNAL TRIPS 820 -Shopping Center T20 - Medical -Dental Office Building Exit 86 Demand Exit 29 % (25) Balanced: Demand Entry: 4 % (4) Entry 94 Entry 141 Demand Entry32 k (45) BalanBced: Demand Exit 28 "% (8) Exit 27 Trebilcock Consulting Solutions, PA P a g e 1 37 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 820 -Shopping Center Internal Trips Total Trips 720 - Medical -Del Office Building Entry 141 (100%) 8 (6%) Exit 86 (100%) 4 (5%) Total 227 (100%) 112 (9yo) 720 - Medical -Dental Office Building Total Trips Internal Trips 820-Shopping C Entry Exit 94 (100%) 27 (1001%) 4 (4%) 8 (30 A)) Tota l 121 (100%) 12 (10%) EXTERNAL Land Use External Trip! 82D - Shopping Center 215 720 - Medical -Dental Office Building 109 Trebilcock Consulting Solutions, PA P a g e 1 38 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 PERIOD SETTING Analysis Name: PM Peak Hour Project Name: Immokelee Rd - Estates No: Commercial - Retail -Medical - ITE 10th Date: 9/4/2019 C ity: StateiProvince: ZiplPostal Code: Country: Client Name: Analysts Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Size Variable Time Period Method Entry Exit Total 820 - Shopping Center 1000 Sq. Ft. GLA 150 Weekday, Peak Best Fit (LOG) 352 382 734 (General Hour of Adjacent Ln(T) = 034Ln(X) 48% 52% UrbanlSuburbanl Street Traffic, +2.89 One Hour Betvveen 4 and 6 P.m. 720 - Medical -Dental 1000 Sq. Ft. GFA 50 Weekday, Peak Best Fit (LIN) 48 124 172 Office Building Hour of Adjacent T = 3.39 (X)+2.02 28% 72% {General Street Traffic. Urban/suburban) One Hour Between 4 and 6 p.m. TRAFFIC REDUCTIONS Land Use Entry Reduction Adjusted Entry Exit Reduction Adjusted Exit 820 - Shopping Center 0 % 352 0 % 382 720 - Medical -Dental Office Building 0 % 48 0 % 124 INTERNAL TRIPS 020 - Shopping Center 720 . Medical -Dental Office Building Exit 382 Demand Exit 2 % (8) BalanBced. Demand Entry. 31 % (15) Entry 48 Entry 3552 Demand Entry: 8 % (28) Bala25ed: Demand Exit 20 % (25) Exit 124 Trebilcock Consulting Solutions, PA P a g e 1 39 TIS SUBMITTED WITH ORIGINAL GMPA (PL20160000221 AND CPUD ZONING (PL20200000546) BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 820 - Shoppinq Center Total Trips Internal Trips. Extsrna T20 - Medical -Dental Office Building Total Entry Exit 352 (100%) 362 (100%) 25 (7°A) 6 (2%) 25 (7%) 8 (2%) 327 f93° 374 (964 Total 734 (1DO%,:1 133 (4%) 33 (.4'%) 1701 (96 720 - Medical -Dental Office Building Total Trips Internal Trips External Trips 020 - Shopping Center Total Entry Exit 48 (100'% .I 124 (100%) 8 (17'A,) 25 (20%) 8 (17'% j 25 f20°Al 40 (83%) 99 (80%) Total 172(100%1 33 (19%) 3309%) 139 f.8m) Land Use 820 - Shop ping Center 720 - Medical -Dental Office Bui I d 1 n g EXTERNAL TRIPS External Trips Pass-hy% 701 ❑ 25 139 0 Pass -try Trips Non -pass -by Trips 175 526 0 139 I Trebilcock Consulting Solutions, PA P a g e 140 PENINSULA ENGINEERING BCHD I COMMERCIAL PLANNED UNIT DEVELOPMENT AMENDMENT DEVIATIONS & JUSTIFICATION Deviation #4: Relief from LDC Section 5.05.08.F.2.b.ii.b) which requires projects on corner lots to provide no more than 80 percent of the off-street parking for the entire commercial building or project to be located between any primary fagade and the abutting street, with no single side to contain more than 65 percent of the required parking to instead allow a commercial project to provide 100 percent of the required parking between the primary fagade and abutting street when in support of a shopping center adjacent to Immokalee Road. Justification: The northern commercial tract of the PUD is a corner lot with street frontages along Immokalee Road to the east and Orangetree Boulevard to the south and preservation areas to the north and west. As required by the PUD Commitment 3.c., a vehicular and pedestrian interconnection is to be provided to the existing Estates zoned properties to the north consistent with the PUD Master Concept Plan. This access point is located on the northeast corner of the PUD, adjacent to Immokalee Road. The commercial tract is anticipated to be developed as a commercial shopping center. The proposed shopping center is proposed to be located on the western boundary of the tract with direct access and exposure to Immokalee Road which is necessary to remain viable in the marketplace. This layout allows for the required interconnection to the north and logically locates the loading and service uses ("back of house") adjacent to the preservation tract where it can be screened from the adjacent roadways and residential uses. The deviation is necessary to provide smooth traffic flow that minimizes hazards for vehicular and pedestrian traffic. The parking area will be adequately screened from Immokalee Road with a 20-foot wide Type D buffer. P1_20220003428, BCHD I PUDA Revised December 14, 2022 Page 1 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 UIA7 ENGINEERING BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA PREPARED BY: PENINSULA ENGINEERING 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 MAY 2020 REVISED OCTOBER 2020 REVISED SEPTEMBER 2022 BRUCE LAYMAN, SPWS PENINSULA{- ENGINEERING BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA TABLE OF CONTENTS 1. INTRODUCTION..................................................................................................................................... 3 2. PROJECT METHODOLOGY.....................................................................................................................3 2.1. Listed Wildlife Survey....................................................................................................................3 2.2. Listed Plant Survey........................................................................................................................4 2.3. Habitat/Wetland Mapping............................................................................................................4 3. SURVEY RESULTS...................................................................................................................................5 3.1. Listed Wildlife Species Observed/Identified On Site..................................................................... 5 3.2. Listed Wildlife Species Not Observed On -Site But With Potential to Occur On Site .................... 5 3.3. Listed Plant Species Observed On Site..........................................................................................7 3.4. Habitat/Wetland Mapping —Native Preserve............................................................................... 7 4. SUMMARY.............................................................................................................................................8 5. REFERENCES CITED................................................................................................................................ 9 TABLES Table 1 - Listed Species and Vegetation Survey Details ................................................... Table 2 - Listed Plant and Wildlife Species Observed...................................................... Table 3 - Non -listed Wildlife Species Observed............................................................... Table 4 - Estimated Probability of Occurrence of Non -Observed Listed Faunal Species Table 5 - Estimated Probability of Occurrence of Non -Observed Listed Floral Species.. Table 6A - Existing Vegetative Associations and Land Uses Within CPUD ...................... Table 6B - Existing Vegetative Associations and Land Uses Within Addition .................. APPENDICES Appendix A - Existing Vegetation Association & Land Use Descriptions FIGURES Figure 1— Existing Conditions Figure 2 — Bear Incident Location Map 10 10 11 11 12 12 12 2 P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my PENINSULA+, ENGINEERING 13CHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA 1. INTRODUCTION Peninsula Engineering (PE) entered into an agreement with BCHD Partners I LLC (BCHD) to provide environmental services associated with a 19.13-acre parcel known as BCHD1 CPUD (f.k.a. Immokalee Road —Estates Commercial Subdistrict). The rezoning effort resulted in Ordinance 2021-20 which was adopted on April 27, 2021. Subsequently, BCHD expanded the subject property by acquiring the adjacent 2.69-acre parcel to the north (i.e., the Addition). This Environmental Data report includes the data supporting the 19.13-acre property that resulted in Ordinance 2021-20, as well as the data associated with the addition of the 2.69 acres and the associated land plan, as revised. Data associated with the Addition will be so notes in the report. The Environmental Data author credentials include full-time employment as an Environmental Consultant/Ecologist in Lee and Collier Counties since 1992. The Addition is located in Section 22; Township 48 South, Range 27 East, Collier County, Florida. The parcel is bordered on the north by undeveloped land, on the east Immokalee Road and high -density residential development, on the west by estate -style residential development, and on the south by approved BCHD1 CPUD. The Addition parcel is entirely forested, contains low to moderate exotic vegetation coverage. Historical hydrology has been adversely affected by regional development. The protected species surveys were conducted, and the results summarized herein, to support local, state, and federal environmental permitting. 2. PROJECT METHODOLOGY Bruce Layman, Ecologist with PE, conducted listed species surveys consistent Collier County Conservation and Coastal Management Element (CCME) Objective 7.1 and its implementing policies and with Florida Fish and Wildlife Conservation Commission standards on the CUPID property during September 2018. The dates, times and weather conditions are summarized in Table 1. Due to the passage of 12 months, the survey on the CPUD property was updated in September 2019, and again in September 2021, to determine whether site conditions remained consistent with those observed in September 2018. A similar listed species survey was conducted on the Addition parcel during August 2022. The following information describes the methodologies employed: 2.1. Listed Wildlife Survey Prior to conducting the listed species surveys, color aerial imagery and FLUCCS mapping from prior environmental reconnaissance were reviewed to anticipate which habitats may be present. Various publications and databases were also reviewed to identify listed plant and wildlife species that are regionally present and that could occur and those habitat types. Based on the habitat types identified on site, a preliminary list of state and federal listed flora and fauna that could occur on the project site was generated to help focus survey effort. FWC's Florida's Endangered and Threatened Species (FWC, 2016) was used to determine the "listed" state and federal status designation of wildlife species. The 2018, 2019, 2021 and 2022 field surveys consisted of one ecologist performing east/west parallel meandering pedestrian transects spaced approximately 50 to 120 feet on center based on habitat type and visibility limits. These transects are illustrated on Figure 1 entitled Existing Conditions. Additional wandering transects were conducted on successive days, and during the species survey updates, to augment survey coverage and increase the opportunity to observe wildlife. Wandering transects are not shown. The field observer was equipped with a compass, 3 P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my PENINSULA+, ENGINEERING BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA GPS, color aerial, wildlife and plant identification books, binoculars, and a field notebook. During pedestrian transects, the ecologist periodically stopped, looked for wildlife, signs of wildlife, and listened for wildlife vocalizations. Due to habitats present and likelihood of occurrence (not to the exclusion of other potential listed species), the ecologist specifically surveyed for the potential presence of the Eastern indigo snake (Drymarchon corais couperi), gopher tortoise (Gopherus polyphemus), Big Cypress fox squirrel (Sciurus niger avicennia), and trees containing cavities that could have been potentially created by the red -cockaded woodpecker (Picoides borealis) or could be used by the Florida bonneted bat (Eumops floridanus; FBB) for roosting. Given the nature of the parcel, the ecologist is anticipated to have directly observed greater than 70% of the parcel. If observed, the approximate location of observed listed wildlife species and their numbers were mapped on an aerial and recorded in a field notebook. The locations of fixed resources, such as gopher tortoise burrows or cavity trees were recorded using hand-held GPS and flagged with high -visibility survey ribbon. Non -listed wildlife species were recorded daily. 2.2. Listed Plant Survey Over the course of conducting surveys for listed wildlife, the PE ecologist searched for plants listed by the Florida Department of Agriculture (FDA) and the U.S. Fish and Wildlife Service (FWS). These agencies have categorized the various plant species based upon their relative abundance in natural communities. Those categorizations include "Endangered", "Threatened", and "Commercially Exploited". The protection afforded plants listed solely by FDA entails restrictions on harvesting or destroying plants found on private lands of another, or public lands, without permission and/or a permit from FDA. Unless the sale of plants is involved, there are no state restrictions for landowners to impact such plants. These provisions are found in Section 581.185, FDA under State law. The Collier County Land Development Code (LDC) Section 3.04.03 — Requirements for Protected Plants identifies 5 specific plant species as "rare" and 5 additional epiphytic plant species as "less rare". The named plants are required to be protected in accordance with Section 3.04.03 conditions. 2.3. Habitat/Wetland Mapping The habitat and wetland survey included the preparation of a Florida Land Use, Cover and Forms Classification System (FLUCCS) map delineating the major vegetation communities and land uses present on the project site. A FLUCCS Map for the BCHD1 project site and the Addition is provided as Figure 1 entitled Existing Conditions. The methods and class descriptions found in the FLUCCS manual (FDOT, 1999) were followed when delineating and assigning areas to an appropriate FLUCCS category (class) or "codes". Preliminary wetland limits were mapped using the standard state and federal wetland delineation methodologies and direct field observations and aerial photo interpretation. Color aerial photos were plotted at 1" = 50' scale and were used in the field to map the vegetative communities on the site. 4 P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my PENINSULA+, ENGINEERING BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA An important factor in mapping vegetative associations and local habitats is the invasion by the exotic plant species, such as melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), and earleaf acacia (Acacia auriculiformis). Four levels of exotic density are typically recognized. Code modifiers may be appended to the base FLUCCS code to indicate the approximate density of exotic vegetation in the canopy or understory, as follows: EO = Exotics <10% E1 = Exotics 10-24% E2 = Exotics 25-49% E3 = Exotics 50-75% E4 = Exotics 75<% Wet season high water (WSHW) elevation was estimated in the BCHD1 CPUD wetland using hydrobiological indicators including stain lines and moss collars. Triplicate WSHW elevations were marked in the field, and they were surveyed, and the average WSHW elevation was 13.41' NAVD. 3. SURVEYRESULTS 3.1. Listed Wildlife Species Observed/Identified On Site No state -listed or federally listed wildlife species were observed on site during the 2018 listed species survey on the BCHD1 CPUD property. Observations made during the September 2019 and 2021 listed species survey updates reflect that site conditions had not changed from those observed in 2018. Similarly, no state -listed or federally listed wildlife species were observed on the Addition property during the 2022 listed species survey. With no listed species observed during these surveys, the proposed PUD Amendment is consistent with CCME Policy 7.1. Neither parcel contained US Fish and Wildlife Service -designated listed species critical habitat. All non -listed wildlife species, either directly observed or audibly detected on site during any of the surveys, are listed in Table 3. Signs observed in the field (scat, clawed trees), regional bear incident data from FWC (Figure 2), photographic eyewitness accounts of an adult bear on adjacent property from neighbors, and direct on -site observation of a juvenile bear, confirm that bears (Ursus americanus floridanus) occasionally occur on site. Though the black bear is no longer listed as protected, the FWC is likely to suggest conservation measures, during the state Environmental Resource Permitting Process, to protect the species. 3.2. Listed Wildlife Species Not Observed But With Potential to Occur On Site The following is a discussion of listed wildlife species that were not observed during either survey, but which are considered to have potential to occur due to the presence of suitable habitat, confirmed sightings in the region, or the parcel's being located within the consultation area for a given species. Species with greater than zero potential to occur on site are summarized in Table 4. Both parcels fall within the consultation areas of both the Florida scrub jay (Aphelocoma coerulescens coerulescens) and the snail kite (Rostrhamus sociabilis). Since neither parcel contains habitat that is reasonably suitable for use by either species, these are not considered potential users of the site. P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my PEN INSUJLA ENGINEERINGA BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA The gopher tortoise (Gopherus polyphemus) is listed as Threatened by the FWC and it is not listed by FWS. Given the presence of pine flatwoods on site, this species was considered to be potentially present. No signs of the species (i.e., burrows, scat) were observed on either parcel during the listed species surveys and they are no longer considered a candidate to occur on site. The Big Cypress fox squirrel (Sciurus niger avicennia; BCFS) is listed as Threatened by FWC and its distribution is believed to be limited to an area south of the Caloosahatchee River and west to the Everglades. The BUS is usually associated with FLUCCS codes 411, 621, and 624 and prefers habitats with open park -like mid -story and groundcover strata. Such areas on site are small and isolated. Since site conditions are not conducive to use by this species and no evidence of the BUS (i.e., direct sightings, nests, day beds, etc.) was observed on site during any of the surveys, it is anticipated that the potential for this species to occur on either parcel is near zero. Due to the presence of on -site wetlands, a suite of listed wading birds could potentially use the site to forage. It includes the wood stork (Mycteria americana), roseate spoonbill (Platalea ajaja), and reddish egret (Egretta rufescens). These species could opportunistically forage in the wetland; however, the existing density of midstory and groundcover vegetation make it less likely. No wading bird rookeries were observed on either site, nor are any known to be on adjacent properties. The site falls within the core foraging area (18.6 miles) of at least three (3) wood stork colonies. The red -cockaded woodpecker (Picoides borealis; RCW) is listed as Endangered by FWS and both parcels are located on the periphery of the FWS consultation area for this species. No RCW cavity trees were observed on either site during the listed species surveys, nor were any RCW vocalizations detected. Though the slash pine trees could be used for foraging if an RCW clan was regionally present, RCW clans typically require hundreds of contiguous acres of pine forest for foraging and nesting. With the nearest RCW occurrence record being 7 — 9 miles southwest of the project site in proximity to City Gate (per the FWC RCW occurrence data base), it appears that there is little reasonable potential for the RCW to use the pine flatwood habitat present on either site. The Florida panther (Fells concolor coryi) is listed as Endangered by FWS and both parcels fall within Secondary panther habitat. Per the FWC data base, a single panther telemetry point was located 0.2 miles north of the project site in 2014. It was associated with a 2.5-year-old male that subsequently died that year several miles to the south of unknown causes. Later, in 2018, cat #251 recorded eight (8) points over a two -month period ranging between 0.51 and 0.98 miles to the south of the project in the residential estate properties. The developed nature of the region and the general lack of regular use of the region by collared cats suggests that the project site is not likely part of a panther travel corridor or an active home range for collared panthers. The Florida bonneted bat (Eumops floridanus; FBB) is listed as Endangered by FWS and the site falls within the FWS consultation area for this species. There is relatively little known about the life -history needs of the species; however, it has been suggested in the literature that roosts may be a limiting resource for this bat. As such, the ecologist specifically searched for trees with cavities that could potentially be used for roosting by the FBB. In 2018, the site contained numerous pines that had recently died, presumably due to stress resulting from Hurricane Irma and subsequent beetle infestation. However, few contained woodpecker cavities and the cavities that were present were either shallow or of small diameter. None exhibited signs of use by bats such as smudging, audible chatter, or the presence of guano. Many of the dead pined observed in 2018 had fallen by September 2021. P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my PEN INSUJLA ENGINEERINGA BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA A tree cavity survey was conducted on the CPUD parcel in October 2021. Seven trees with cavities were documented and their contents were observed via wireless video camera. No bats were observed occupying the cavities. Those cavities that remained intact in August 29022 were viewed, again, using a wireless video camera. Again, no bats were observed roosting in the cavities. Additionally, a cavity tree survey was conducted in August 2022 in the Addition parcel. No trees with cavities were observed. Given the results of the multiple surveys on both properties, it appears unlikely that bonneted bats roost on either parcel. Given that the FBB is known to travel great distances to forage, and given the proximity of the site to large forested areas to the north that may contain natural roosts, it is assumed that FBB's roosting regionally would have the potential to commute or forage over the parcel. The Eastern indigo snake (Drymarchon corais couperi) is listed as Endangered by FWS. Indigo snakes inhabit pine forests, hardwood hammocks, scrub and other uplands. They also rely heavily on a variety of wetland habitats for feeding and temperature regulation needs. Though none were observed on site, it is typically assumed by FWS that there is potential for this species to be present. Adhering to the FWS standard Eastern Indigo Snake Protection Precautions may be proposed during State 404 permitting as a means to sufficiently protect the species. Though the bald eagle (Holiaeetus leucocephalus) is not state or federally listed, it is protected by the Bald and Golden Eagle Protection Act. No eagle nest was observed on either site. Per the FWC Eagle Nest Locator website, https://public.myfwc.com/FWRI/EagleNests/ nestlocator.aspx), the nearest known eagle nest (nest C0103) is located approximately 4.0 miles east-northeast of the parcels. The site is located well beyond the protection zones of that nest. 3.3. Listed Plant Species Observed On Site Three (3) species of listed plants (per the FDA list) were observed on site during the CPUD field survey. The species observed were the stiff -leafed wild pine (Tillandsia fasciculata), Northern needleleaf (Tillandsia balbisiana), and the butterfly orchid (Encyclia tampensis). Both Tillandsia species were also observed within the Addition parcel. All three are listed as "less rare" by Collier County and all three are represented in the proposed on -site preserve. The Tillandsia species were relatively abundant; however, the butterfly orchid was limited to a few small plants. They were typically located on pine and cypress trees. No plant species listed by FWS were observed during the field surveys. The listed plant species observed, and their state and federal listing status, are provided in Table 2. 3.4. Habitat/Wetland Mapping — Native Preserve Natural areas of the project site are comprised primarily of pine flatwood, cypress, and pine - cypress -cabbage palm communities. All three communities on site fit Collier County's definition of native habitat. Based upon the proposed commercial use of the property, a minimum of 15% of the existing native vegetation (i.e., 3.26 acres) would need to be preserved to be consistent with CCME Policy 6.1.1 and Collier County Land Development Code requirement. The location and composition of the preserve associated with the approved CPUD was established per hierarchy criterion 3.05.07(A)(4)(a) given the potential use of the cypress wetland by listed species. Since the CPUDA is adding land of the same habitat composition and function, reconfiguration of the previously -approved preserve is consistent with the LDCs preserve hierarchy criteria. Per the Master Plan provided in support of the proposed County CPUDA, a minimum of 3.26 acres of native habitat are proposed to be preserved on site and the project is consistent with CCME Policy 6.1.1. The FLUCCS code for each community along with a brief description and acreage are P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my PENINSULA+, ENGINEERING BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA provided in Tables 6A and 6B and a detailed description of each FLUCCS code is provided in AppendixA. Historic on -site hydrology appears to be adversely affected as a result of surrounding development. Based upon current field conditions, and application of state wetland delineation methodologies, there are 3.85 acres of jurisdictional wetlands on the CPUD parcel, and it is estimated that there are 1.21 acres on the Addition parcel. The 1.21-acre area, mapped as FLUCCS 621-Cypress on the Existing Conditions figure, has not been verified by either the South Florida Water Management District or the Florida Department of Environmental Protection. Verification will take place during state and federal environmental permit review. Based upon hydrobiological indicators, WSHW elevation was determined to be 13.41' NAVD. 4. SUMMARY Results of the surveys on both the CPUD and the Addition parcels reflect a lack of state or federally listed wildlife and a lack of federally listed plant species. The protection afforded by the state for the FDA -listed stiff -leaved wild pine, Northern needleleaf, and butterfly orchid observed on site entails restrictions on harvesting or destroying plants found on private lands of another, or public lands, without permission and/or a permit from FDA. There are no state restrictions for landowners unless the sale of plants is involved. Collier County identifies these three species as "less rare" and has requirements for their protection. However, since all three are represented within the on -site preserve, relocation of specimens out of harm's way is not required. It will likely be assumed by FWS during the federal permitting process that there is potential for the Eastern indigo snake to occur on both parcels. Similarly, based upon current FWS procedure, it will also likely be assumed by FWS that the project may affect the bonneted bat since the project is over 5 acres in size and more than one acre of bonneted bat habitat will be adversely affected. Adhering to the FWS standard Eastern Indigo Snake Protection Precautions and providing project -specific data documenting the lack of on -site bonneted bat roosting activity are likely to sufficiently address FWS's concerns in order to sufficiently protect both species. Though not listed by either FWC or FWS, the black bear may come up as a point of discussion during the state Environmental Resource Permitting process. Measures to educate the end user of the land, and protection of the bear during and after construction, are likely to be addressed at that time. The current assessment of the Addition parcel anticipates that there are approximately 1.21 acres of state and federal jurisdictional wetlands within its 2.69 acres. The wetlands will be addressed during the state and federal environmental permitting processes. Based upon a proposed commercial land use and its required 15% preservation of native vegetation, a minimum of 3.26 acres of native preserve will need to be identified and preserved as part of the CPUDA during Collier County development review. 8 P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my PENINSULA+, ENGINEERING BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA 5. REFERENCESCITED Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001-a. Third Edition. Tallahassee, Florida. Florida Fish and Wildlife Conservation Commission. 2013. Florida's Endangered and Threatened Species, Official List. Tallahassee, Florida. Weaver, R.E. and P.J. Anderson. 2010. Notes on Florida's Endangered and Threatened Plants, Contribution No. 38, 5th edition. 9 P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my PENINSULA7 FNGINFFRING BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA TABLES P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my PENINSULA -. ENGINEERING"+,. BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA Table 1: Listed Species and Vegetation Survey Details Ecologist Date Time of Day Weather Field Hours Bruce Layman 9/12/18 7:45 a.m. -1:30 p.m. 76°, partly cloudy, wind 0 mph 5.75 Bruce Layman 9/13/18 7:15 a.m. -10:00 a.m. 78% partly cloudy, wind 0 mph 2.75 Bruce Layman 9/14/18 7:15 a.m. - 10:00 a.m. 74°, partly cloudy, wind 0 mph 2.75 Bruce Layman 9/17/18 4:00 p.m. - 6:30 p.m. 94°, partly cloudy, wind 0 mph 2.50 Bruce Layman 9/19/18 6:00 p.m. - 8:00 p.m. 92°, clear, wind 0 mph 2.00 Bruce Layman 9/05/19 8:00 a.m. — 2:30 p.m. 77°, clear, wind 0 mph 6.50 Bruce Layman 9/17/21 9:30 a.m. —4:00 p.m. 82% partly cloudy, south wind 5 mph 6.5 Bruce Layman 8/17/22 9:00 a.m. —11:00 a.m. 81% partly cloudy, calm 2.0 Total Hours 30.75 Table 2: Listed Plant and Wildlife Species Observed Common Name Scientific Name Habitat Where Observed By FLUCCS FWC status FWS Status FDA Status PLANTS Stiff -leaved wild -pine Tillandsia fasciculata 411, 624D, 621 N/A NL E Butterfly orchid Encyclia tamepensis 411 N/A NL CE Northern needleleaf Tillandsia balbisiono 624D N/A NL T WILDLIFE Florida black bear* Ursus americanus floridanus 411, 624D, 621 NL NL N/A FDA = Florida Department of Agriculture and Consumer Services FWC = Florida Fish and Wildlife Conservation Commission FWS = United States Fish &Wildlife Service CE = Commercially Exploited T = Threatened E = Endangered NL = Not Listed N/A = Not Applicable * = Not listed by FWC or FWS, but protection measures typical 10 P:\Active_P rojects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bmitta Is\Cou my PENINSULA -. ENGINEERING"+,. BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA Table 3: Non -listed Wildlife Species Observed Common Name Scientific Name BIRDS Northern cardinal Cardinalis cardinalis Blue -gray gnatcatcher Polioptila caerulea Red -bellied woodpecker Centurus carolinus Blue jay Cyanocitta cristata Mourning dove Zenaida macroura Barred owl Strix varia Pileated woodpecker Dryocopus pileatus AMPHIBIANS & REPTILES Cuban anole Anolis s. sagrei Southern black racer Coluber constrictor Water moccasin Agkistrodon piscivorus MAMMALS Nine -banded armadillo* Dasypus novemcinctus Eastern gray squirrel Sciurus carolinensis Florida black bear* Ursus americanus floridanus Eastern cottontail Sylvilagus floridanus * Species not directly observed. Signs of species presence observed (e.g., burrow, tracks, scat, remains, etc.) Table 4: Estimated Probability of Occurrence of Non -Observed Listed Faunal Species StatEstimated Occurrence* us Common Name Scientific Name (FWC/FWS) Probable Possible Unlikely Listed wading birds Red -cockaded woodpecker Florida panther Big Cypress fox squirrel Florida bonneted bat Eastern indigo snake various Picoides borealis Felis concolor coryi Sciurus niger avicennia Eumops floridanus corais cou FWC = Florida Fish and Wildlife Conservation Commission FWS = United States Fish and Wildlife Service FDA = Food and Drug Administration SSC = Species of Special Concern T =Threatened E = Endangered C = Commercially Exploited NL = Not listed BIRDS E/E MAMMALS E/E T/NL E/E REPTILES T/T Probable Occurrence = >50% estimated chance of occurrence on site. Possible Occurrence = <50% estimated chance of occurrence on site. Unlikely Occurrence = <5% estimated chance of occurrence on site. X X X X X X Habitat by FLUCCS 621 411 411, 621, 624D 411, 621, 624D 411, 621, 624D 411, 621, 624D 11 P:\Active_P rojects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bmitta Is\Cou my PENINSULA -. ENGINEERING"+,. BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA Table 5: Estimated Probability of Occurrence of Non -Observed Listed Floral Species Status Estimated Occurrence* Common Name Scientific Name (FDA/FWS) Probable Possible Unlikely Giant wild pine Tillandsia utriculata E/NL X FWC = Florida Fish and Wildlife Conservation Commission FWS = United States Fish and Wildlife Service FDA = Food and Drug Administration SSC = Species of Special Concern T =Threatened E = Endangered C = Commercially Exploited NL = Not listed * Probable Occurrence = >50% estimated chance of occurrence on site. Possible Occurrence = <50% estimated chance of occurrence on site. Unlikely Occurrence = <5% estimated chance of occurrence on site. ** There is potential for an eagle to construct a nest on site at a later date, though the probability is low. Table 6A: Existing Vegetative Associations and Land Uses Within CPUD FLUCCS CODE FLUCCS DESCRIPTION East Parcel Acres 411 Pine Flatwoods, Palmetto understory 8.84 621 Cypress 3.85 624D Pine -Cypress -Cabbage Palm, Drained 6.32 814 Roads and Highways 0.12 TOTAL 19.13 Table 613: Existing Vegetative Associations and Land Uses Within Addition East Parcel FLUCCS CODE FLUCCS DESCRIPTION Acres 411 Pine Flatwoods, Palmetto understory 0.98 621 Cypress 1.21 624D Pine -Cypress -Cabbage Palm, Drained 0.50 nTAI 2.69 abitat by FLUCCS 621, 624D 12 P:\Active_P rojects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bmitta Is\Cou my PENINSULA7 FNGINFFRING BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA APPENDIX A Existing Vegetative Association & Land Use Descriptions 13 P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my PENINSULA ENGINEERING BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA Existing Vegetative Association & Land Use Detailed Descriptions Pine Flatwoods — Palmetto Understory (FLUCCS 411) — This community is dominated in the canopy by slash pine (Pinus elliotti), with a minor component of cabbage palm (Saba) palmetto) and cypress (Taxodium distichum). The midstory includes live oak (Quercus virginiana), dahoon holly (Ilex cassine), and stunted cypress. Saw palmetto (Serenoa repens) is scattered and represents a dominant species in the groundcover. Other species include beautyberry (Callicarpa americana), Caesarweed (Urena lobata), love vine (Cassytha filiformis), and bracken fern (Pteridium aquilinum). Vines are locally abundant and include muscadine grape (Vitis rotundifolia), poison ivy (Toxicodendron radicans), and cat briar (Smilax rotundifolia). Cypress (FLUCCS 621) - This community is dominated in the canopy by cypress, with red maple (Acer rubrum), cabbage palms, and melaleuca (Melaleuca quinquenervia) as subdominants. The midstory is relatively open and includes red maple, cocoplum (Chrysobalanus icaco), strangler fig (Ficus aurea), max myrtle (Morelia cerifera), and dahoon holly. Groundcover is dominated by locally abundant swamp fern (Blechnum serrulatum) with pockets of maidencane (Panicum hemitomon) and beak -rush (Rhynchospora microcarpa). Pine — Cypress — Cabbage Palm - Drained (FLUCCS 624D) - This community is dominated in the canopy by slash pine, cabbage palm, ear -leaf acacia (Acacia auriculiformis), and minor cypress. The midstory ranges from relatively open to dense with slash pine, earleaf acacia, cocoplum, cypress, and laurel oak (Quercus laurifolia) dominating. Groundcover includes Caesarweed, cocoplum, beautyberry, swamp fern and chain fern (Woodwardia spp.). Vines are locally abundant and include muscadine grape and cat briar. Roads and Highways (FLUCCS 814) — This represents the right of way of 4th Street NE including driving surface and maintained shoulders. 14 P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my PENINSULA ENGINEERING BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA FIGURE 1 Existing Conditions 15 P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my PENINSULA ENGINEERING BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA t ME -- - - - - - - rr-r-rLrrw_-r•r+� 11 627 624D r-------- -------------------- - ....... 1 N rr r__wr _`� - ...._—. as -r .�� y ■ r r r r r ----- --. 11 621 Imo- - rr - -•--- �� I r .--r w-----w•tiYrr- — -.--. .' --- 1 \ a � r •----rr—r---.......... --- ------- --i i e i-r _-r-----------------r------r - w—r ---e pp ll PROJECT w I _ BOUNDARY (TYP) - 1 � 624D i --------------r-----arrr �.--rr----rrr'�-1• t r { L 1 � r � r � r � r � � I ---r--------r - +- .-.n --- rrrrf LEGEND BCHD1 CPVD BO17#1DARY T� T� BCH01 CPUD AMENDIA ENT BOUNDARY FLUCC3 LIMITS ----. MEAKDF;RVC; PEDESTRIAN TRASECT 4APPROK.I PRElW,rNARY WETLANDS (NOT AGENCY REVIEWED OR APPROVED) AGENCY APPROVED WETLAND LIMES FLUCC5 ARCODE DESCRIPTION EA 411' PINE FLATWDODS 9 64 82t' CYPRESS 3 BS B240`' PFNE-�:YPRESS-CADRAGE PALM. 6 32 DISTURBEID 814 ROADS AND HIGHWAYS 0.12 SUBTOTAL SCHOI CPLID 19.13 'NATIVE RABITAT PER COWER COUNTY FLUCC AREA DESCRIPTION CODE (AC) 411' PINE FLATWOODS 0.06 621' CYPRESS t.21 624D' PINE-CYPRESSC-A9BAGE PALM. 050 DISTURRED 5LIEITCITALBCHDI CPIJDAMENDIVENT 2.69 'NATVE I"ITATPER COILJER COIJNT MRO&C'T TITLE ovWNMw LfENTIG0N9l1LTmr: SEC IMMOKALEE I E}CISTING ENGJNEERLNG ROAD - .::. ESTATES COMMERCIAL SUBDISTRICT CONDITIONS - BCHD PARTNERS WETLAND AND 1, L.C. FLUCCS C-1 01 03 or 1 16 P:\Active_P rojects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bmitta Is\Cou my PENINSULA ENGINEERING BCHD1 CPUD AMENDMENT LISTED SPECIES SURVEY AND ENVIRONMENTAL DATA FIGURE 2 Bear Incident Location Map 17 P:\Active_P roj ects\P-BCH D-004\002_BCH D-1-PU DA_G M PA\Su bm itta Is\Co u my t r. I.v ' a A b 6 n 6 4 a 6 a• ?._. �_ ... •r # 4 � # R tr '�#;.' sr 'art •_ F ¢ 4 E. ,'I �Lr ��'i � •�{.ti:} �. �--:. -- t; '�r�"� t+ 4 :'�i' � Mbar .q � tr - _, 4,�. ;'�x�, t�� }�• a "',•r - .pk� � b' • ._. r tr �J �.,��. f` J1� t a; 4J• •: a`t, .i' "��t -� - • r, .f ..4.. Legend ��••- is +!+- p 1 0 Black Bear I ' rl [ • ], Flraperl� Boundary ��d # i } ♦ f ;uJca_:_sh-'I_�r,?oj=_,� x�>-fia°aJra¢' 9�a '• r.{� �.! •t ' '---I's _�Jy-i ��: �..-ll!J-: _�v Js�rfi'l .,.`�' :�![�i 8CHD1 CPUD Amendment Bear Incident Locations Through August 2022 9.A.7 GundlachNancy Subject: FW: FW: BCHD PUDR - PUD Ordinance Revisions deadline- COB Monday 5-8 From: John Pelletier <jpelltwc@comcast.net> Sent: Tuesday, May 9, 2023 2:56 PM To: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Subject: Re: FW: BCHD PUDR - PUD Ordinance Revisions deadline- COB Monday 5-8 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. Hi Nancy, What a disappointment these emails are from owner representatives. I really believe staff request and subsequent CCPC approval for 6' wall and additional landscape enhancement is the "right thing" to do for those residential properties that will be looking right at that 3 story, 120,000ish sf Storage unit. My contention is that the Planning commision comments about "everything is in play" when you go for a change is spot on correct. Owners are planning on reducing the preserve(wetland I might add) more than half the width. We were presented at the original NIM meeting a few years ago that nice wide preserve would be left there to buffer our street and properties in between. I support staff's recommendations for the north portion west property line ... a 6' wall and cluster of 3 palms at staggered heights specified between 25' required tree spacing. In addition, my request to commisioners is the same as in my recent NIM meeting comments .... to add a cluster of palms between the required 25' tree spacing continuing the entire remaining west property line due to the substantial width reduction of the wetland preserve. If they can ask for a change, why can't the community ask for something in return? Thank you for keeping me in the loop. Sincerely, John Pelletier 29614th St NE. On May 9, 2023 1:43 PM, GundlachNancy <Nancy.Gundlach@colliercountyfl.eov> wrote: Hi John, For your awareness, the petitioner has not incorporated the staffs and the CCPC's Condition of Approval below into the final PUD Ordinance: 1. The Type B Landscape Buffer along a portion of the west property line as shown on the Master Plan shall be supplemented with a 6-foot high wall and clusters of 3 palm trees. The clusters of palm trees shall be staggered at a minimum of 16-24 foot o.a.h. and located behi,een the required tree plantings. (See Attachment B-Master Plan with Supplemental Buffer Location.) I anticipate that the Condition of Approval will be discussed at the June 13t" BCC hearing. Packet Pg. 137 9.A.7 Respectfully, Nancy Gundlach, AICP, PLA, CSM Planner III Zoning Services Division (239)252-2484 Nancy.Gundlach@colliercountyfl.gov 2800 N. Horseshoe Drive, Naples, FL 34104 From: Chris Scott <cscott@pen-ens.com> Sent: Tuesday, May 9, 2023 11:18 AM To: Gundlach Nancy <Nancv.Gundlach@colliercountvfl.gov>; Noel Davies <noel.davies@daviesduke.com> Cc: Ashton Heidi <Heidi.Ashton@colliercountvfl.gov>; CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov>; BellowsRay <Ray.Bellows@ col Iiercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountvfl.gov>; Norman Trebilcock <ntrebilcock@trebilcock.biz>; Dan Waters <DWaters@pen-eng.com>; SaboJames <James.Sabo@colliercountvfl.gov>; HansenRachel <Rachel.Hansen @colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.eov> Subject: RE: BCHD PUDR - PUD Ordinance Revisions deadline- COB Monday 5-8 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. Please see updated PUD Document with Exhibits B and C. The enhanced Type B buffer condition is a staff and CCPC recommendation of approval and remains an "agree to disagree" item. It has not been included in the attached PUD Ordinance. Christopher 0. Scott, AICP Planning Manager Phone 239.403.6700 Direct 239.403.6727 M N O Lh C 0 m O 4- 0 L d d J r.+ c d t U r Q Packet Pg. 138 9.A.8 (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 POSTINGNOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Christopher O. Scott WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER AIGKATUREOF APPLICA T OR AGENT Christopher O. Scott NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER 2600 Golden Gate Parkway STREET OR P.O. BOX Naples, FL 34105 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this [9T1w day 1-PP-1'- of zo23 , by Christopher O. Scott ,who is personally known to me and who did take anoath. 4ai SMINA HARDY MY COMMISSION # HH 3430 -,,.�.....oP; EXPIRES: January 14, 2027 My Commission Expires: (Stamp with serial number) Signature of NotaryPublic Printed Name of Notary Public Packet Pg. 139 9.A.8 PENINSULA`S ENGINEERING Immokalee Road -Estates Commercial Subdistrict GMPA, PL20220003426 BCHD I PUDR, PL20220003428 Collier County Planning Commission and Board of County Commissioners Public Hearing Sign Posting —April 18, 2023 Packet Pg. 140 aS4�a Y ag46�s 11" 1 WEDNESDAY, MAY 24, 2023 1 NAPLES DAILY NEWS 9.A.9 ..NOTICE OF PURL C ."EARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on June 13, 2023, in the Board of -County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.89-05, AS AMENDED, THE OOLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORI DA, SPECIFICALLY AMENDING THE RU- RAL GOLDEN GATE ESTATES SUB -ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND RURAL GOLDEN GATE ESTATES FUTURE LAND DE MAP AND MAP SERIES TO REVISE THE IMMOKALEE ROAD — ESTATES COMMERCIAL SUBDISTRICT TO ADD 2.69s ACRES TO THE SUBDISTRICT; ALLOW 130,000 SQUARE FEET OF GROSS FLOOR AREA OF INDOOR SELF STORAGE; AND TO REDUCE COMMERCIAL USES FROM 200,000 SQUARE FEET TO 100,000 SQUARE FEET OF GROSS FLOOR AREA ON PROPERTY CONSISTING OF 21.62m ACRES; AND FUTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY ONE-HALF MILE NORTH OF RANDALL BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD, IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY FLORIDA, [PL20220003426] AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2021-20, THE BCHD 1 COMMERCIAL PLANNED UNIT DEVELOPMENT, BY ADDING ACREAGE AND USES; BY AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLAS- SIFICATION OF AN ADDITIONAL 2.691 ACRES OF LAND ZONED ESTATES (E) TO THE BCHD 1 COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD); BY ADDING 130,000 SQUARE FEET OF GROSS FLOOR AREA OF INDOOR SELF -STORAGE; BY REDUCING COMMERCIAL USES FROM 200,000 SQUARE FEET TO 100,000 SQUARE FEET OF GROSS FLOOR AREA; BY AMENDING THE MASTER PLAN; BY AMENDING THE LEGAL DESCRIPTION; BY ADDING A DEVIATION TO OFF-STREET PARKING DESIGN; BY UPDATING DEVELOPMENT COMMITMENTS; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED APPROXIMATELY ONE-HALF MILE NORTH OF RANDALL BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD, IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, WITH THE ENTIRE PUD CONSISTING OF 21.82m ACRES. [PL20220003428) -_._.._.__.._ Project Location .-- ................ / oil Welt RD LL I ti[ _---- ---- _..._0..... R Randall BLVD t immokalee ........ - ---- _ —..._ - --- - I Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on babel of an organization or group is encouraged. It recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. 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.colliercountyfl.gov/our-county/visirors/calertdar-of-events after the agenda is posted on the County well Registration should be done in advance of the public mee8rg, 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 abort the meeting, please call Geoffrey Willig at 252-8369 or email o Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board 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 emitted, 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) 25278380, 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Jennifer Hansen, Deputy Clerk (SEAL) Packet Pg. 141 1