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HEX Final Decision 2023-28Page 1 of 11 HEX NO. 2023-28 HEARING EXAMINER DECISION DATE OF HEARING. August 10, 2023 PETITION. Petition No. PDI-PL20220006949- Request for an insubstantial change to the I-75/Collier Boulevard Commercial Center Planned Unit Development (PUD) by adding a deviation from LDC Section 5.06.04 to allow one pole or ground sign up to 18 feet and six inches in height and 132 square feet in size facing Davis Boulevard for Parcel ID No. 34690080008. The subject PUD is within Activity Center #9 and comprises 19.54± acres located at the southwest corner of Davis Boulevard and Collier Boulevard in Section 3, Township 50 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The applicant is requesting to allow the existing directory sign be re-permitted as a pole sign, in its current location, at its present height with no change to the existing sign area, up to 18.5 feet in height and 132 square feet in size. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in-person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner’s representative executed the Hybrid Virtual Quasi-Judicial Public Hearing Waiver related to conducting the public hearing electronically and in-person. 5. The NIM was held on May 18, 2023, at the South Regional Library, Meeting Room A, 5065 Lely Cultural Parkway, in Naples, Florida. The meeting was scheduled to begin at 6:00 PM; however, the meeting was terminated at 6:15 PM as no members of the public arrived to Page 2 of 11 participate. In attendance were Todd Mathes, Director of Development for Benderson Development, and John Kelly, Planner III, representing the County. There were thirteen (13) members of the public present and one (1) participated remotely via Zoom. 6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner’s representative, public comment and then rebuttal by the Petitioner and/or Petitioner’s representative. There were no objections at the public hearing. 7. The County’s Land Development Code Section 10.02.13.E.1., 10.02.13.E.2, 10.02.13.B.5 and 10.02.08.F lists the criteria for an insubstantial change to an approved PUD ordinance. The Hearing Examiner acting in the capacity of the Planning Commission shall make findings as to the original application with the criteria in Land Development Code Sections 10.02.13.E.1, 10.02.13.E.2, 10.02.13.B.5 and 10.02.08.F.1 LDC Section 10.02.13.E.1 Criteria: 1. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? The record evidence and testimony from the public hearing reflects that there is no change to the existing PUD boundary. 2. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? The record evidence and testimony from the public hearing reflects that the request will not increase the number of dwelling units, density or intensity of land use, or the height of buildings within the development. 3. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? The record evidence and testimony from the public hearing reflects that the request will not result in a decrease in the preserve, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. 4. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? The record evidence and testimony from the public hearing reflects that the request does not increase the size of non-residential areas and no relocation of non-residential uses proposed. 1 The Hearing Examiner’s findings are italicized. Page 3 of 11 5. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? The record evidence and testimony from the public hearing reflects that this amendment does not increase impacts of development, such as traffic generation, circulation, or impacts on other public facilities. 6. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The record evidence and testimony from the public hearing reflects that this request does not change land use activities and will not generate a higher level of vehicular trips. 7. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? The record evidence and testimony from the public hearing reflects that the request does not result in a requirement for increased stormwater retention or increased stormwater discharge. 8. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? The record evidence and testimony from the public hearing reflects that the request does not change the relationship between abutting land uses and is compatible with those land uses. 9. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? The record evidence and testimony from the public hearing reflects that the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and Transportation Planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. 10. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to Page 4 of 11 a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. The record evidence and testimony from the public hearing reflects that this project is not a DRI. 11. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E. The record evidence and testimony from the public hearing reflects that the proposed change is not considered substantial. LDC Sec. 10.02.13.E.2 Criterion: 1. Does this petition change the analysis of findings and criteria used for the original application? The record evidence and testimony from the public hearing reflects that the proposed change does not affect the original analysis and findings for the original application. PUD Findings: LDC Subsection 10.02.13.B.5 requires an analysis of the following criteria: LDC Section 10.02.13.B.5 states, “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the findings in LDC Section 10.02.08.” The original PUD Findings are listed below or summarized. 1. The suitability of the area for the type and pattern of development proposed in relation to the physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The record evidence and testimony from the public hearing reflects that the proposed insubstantial change and believes the proposed uses and property development regulations are compatible with the development approved in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. The record evidence and testimony from the public hearing reflects that the documents submitted with the application demonstrate unified property control. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Page 5 of 11 The record evidence and testimony from the public hearing reflects this petition is in conformity with the GMP's relevant goals, objectives, and policies within the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. The record evidence and testimony from the public hearing reflects that the proposed changes to the PUD do not affect the landscaping standards of the PUD. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The record evidence and testimony from the public hearing reflects that the usable open space areas stay the same; therefore, no deviation from the required usable open space is requested. 6. The timing or sequence of development to ensure the adequacy of available improvements and facilities, both public and private. The record evidence and testimony from the public hearing reflects that the roadway infrastructure has adequate capacity to serve the proposed project at this time. 7. The ability of the subject property and surrounding areas to accommodate expansion. The record evidence and testimony from the public hearing reflects that the area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water to accommodate this project. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal applicati on of such regulations. The record evidence and testimony from the public hearing reflects that the petitioner is seeking one deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). Rezone Findings: LDC Subsection 10.02.08.F states, “When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners…shall show that the planning commission has studied and considered a proposed change in relation to the following when applicable”: Page 6 of 11 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GMP. The record evidence and testimony from the public hearing reflects that the subject petition is consistent with the goals, objectives, and policies of the (FLUM) and other elements of the GMP. 2. The existing land use pattern. The record evidence and testimony from the public hearing reflects that the proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The record evidence and testimony from the public hearing reflects that the property is currently zoned PUD and would remain as such. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The record evidence and testimony from the public hearing reflects that this petition does not propose any change to the boundaries of the PUD. The Master Plan would be updated by relabeling the subject property. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The record evidence and testimony from the public hearing reflects that the proposed change is not necessary; however, it is being requested to comply with the LDC provisions to seek such changes because the petitioner wishes to include the proposed uses and development standards specific to the subject parcel. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The record evidence and testimony from the public hearing reflects that the proposed PUD change is not anticipated to influence living conditions in the neighborhood adversely. 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 record evidence and testimony from the public hearing reflects that 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 Page 7 of 11 development order (SDP or Plat) when a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 8. Whether the proposed change will create a drainage problem. The record evidence and testimony from the public hearing reflects that the proposed PUD change request is not anticipated to create drainage problems in the area, provided this project's stormwater best management practices, treatment, and storage will be addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County staff will evaluate the project’s stormwater management system, calculations, and design criteria at the time of SDP and/or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The record evidence and testimony from the public hearing reflects that it is not anticipated that the changes proposed to this PUD would seriously reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. The record evidence and testimony from the public hearing reflects that this is a subjective determination based on anticipated results, which may be internal or external to the subject property. Property valuation is affected by various factors, including zoning; however, zoning by itself may or may not affect values since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The record evidence and testimony from the public hearing reflects that it is not anticipated this amendment serving as a deterrent to its improvement. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner, contrasting with the public welfare. The record evidence and testimony from the public hearing reflects that if the proposed development complies with the GMP, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Page 8 of 11 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The record evidence and testimony from the public hearing reflects that the subject property can be used per existing zoning; however, the proposed uses can only be achieved by amending the PUD. 14. Whether the change suggested is out of scale with the neighborhood's or the County's needs. The record evidence and testimony from the public hearing reflects that the proposed uses, associated development standards, and developer commitments will ensure that the project is not out of scale with the community's needs. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The record evidence and testimony from the public hearing reflects that the petition was reviewed for compliance with the GMP and the LDC, and a specific review of other sites is not conducted in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The record evidence and testimony from the public hearing reflects that any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services is consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The record evidence and testimony from the public hearing reflects that the project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed and it is concluded that no Level of Service will be adversely impacted by the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this amendment will not impact public facility adequacy regarding utilities. Page 9 of 11 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in protecting public health, safety, and welfare. The record evidence and testimony from the public hearing reflects that there are no other factors, standard or criteria deemed important in protecting public health, safety and welfare. REQUESTED DEVIATIONS: The petitioner is seeking two deviations culminating into a single revision from the requirements of the LDC. The deviations are directly extracted from the PUD change document. The analysis/recommendation are each outlined below. Proposed Deviation/Revision 3.4.k.2 One pole or ground sign shall be allowed up to 15 feet and six inches in height and 132 square feet in size facing Davis Boulevard for Parcel ID No. 34690080008. Deviation from LDC Section 5.06.04.F.1.a: LDC Section 5.06.04.F.1.a limits pole or ground signs for single-occupancy or multiple occupancy parcels within nonresidential zoning districts and as applicable to designated nonresidential portions of PUD-zoned properties to 15 feet when located along an arterial or collector road. Deviation from LDC Section 5.06.04.F.1.c: LDC Section 5.06.04.F.1.c limits pole or ground signs for single-occupancy or multiple occupancy parcels within nonresidential zoning districts and as applicable to designated nonresidential portions of PUD-zoned properties to 80 square feet when located along an arterial or collector road. The record evidence and testimony from the public hearing reflects that the existing sign was initially permitted and constructed as a directory sign when the project was approved for development as a multiple-occupancy shopping center with three out parcels. Were the subject sign to be still classed as a directory sign, LDC Section 5.06.04.F.3.a would allow for the sign to be 20 feet in height, and LDC Section 5.06.04.F.3.c would allow the sign area to be 200 square feet. Were the site to have remained multiple occupancy, the existing 15.6-foot high sign with 132 square feet of sign area would still be allowable absent the requested deviations. 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.” Page 10 of 11 ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County’s staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner’s representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Sections 10.02.13.E.1, 10.02.13.E.2, 10.02.13.B.5 and 10.02.08.F of the Land Development Code to approve the Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number PDI-PL2020006949, filed by Todd Mathes, Director of Development at Benderson Development Company, LLC, representing the Naples-Davis Blvd., LLC. with respect to the property as described in the I-75/Collier Boulevard Commercial Center Planned Unit Development (PUD), Ordinance No. 2000-89, for the following: • An insubstantial change to Ordinance No. 2000-89, the I-75/Collier Boulevard Commercial Center Planned Unit Development (PUD), by adding a deviation from LDC Section 5.06.04 to allow one pole or ground sign up to 18 feet and six inches in height and 132 square feet in size facing Davis Boulevard for Parcel ID No. 34690080008. Said changes are fully described in the PUD Deviation and Sign Plan attached as Exhibit “A”, and the Survey with Sign Setbacks attached as Exhibit “B” and are subject to the conditions below. ATTACHMENTS. Exhibit A – PUD Deviation and Sign Plan Exhibit B – Survey with Sign Setbacks LEGAL DESCRIPTION. See Ordinance No. 2000-89 CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. A building permit must be applied for and obtained, and a Certificate of Completion must be issued for the subject existing pole sign on Parcel No. 34690080008. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant Page 11 of 11 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. APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. ________________________ ____________________________________ Date Andrew Dickman, Esq., AICP Hearing Examiner EXHIBIT “A” I-75 Collier Boulevard Commercial Center A Planned Unit Development * * * * * * * * * * * * * * SECTION III COMMERCIAL AREAS PLAN * * * * * * * * * * * * * * 3.4 DEVELOPMENT STANDARDS a. Minimum Lot Area: 10,000 square feet * * * * * * * * * * * * * * k. Signs: As required in Division 2.5 of the Land Development Code. 1. As required in section 5.06.04 of the Land Development Code. 2. One pole or ground sign shall be allowed up to 18 feet and six inches in height and 132 square feet in size facing Davis Boulevard for Parcel ID No. 34690080008. * * * * * * * * * * * * * * Words stricken are deletions; words underlined are additions Deliver y PROPERTY BY DATE REVISION DRWG. # PROP.# EXHIBIT “B” XX XXTELTEL TEL TELTEL TEL TEL TEL TV TVTV TV TV TV OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUTCB TCB TCB X X X X X X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXX X XS89°42'19"E 1012.98'(D) S89°43'35"E 1012.98'(S)S00°28'36"W 900.00'(D)S00°27'44"W 900.09'(S)N89°42'19"W 618.76'(D) N89°43'11"W 618.76'(S)N00°50'42"E 500.04'(D)N00°50'34"E 499.61'(S)N89°42'45"W 627.95'(S) S89°42'19"E 200.00'(D) S89°43'11"E 200.00'(S)S00°28'36"W(D)50.00'(D)S00°27'44"W(S)50.00'(S)DETENTION AREADETENTIONAREA DETENTION AREA DETENTION AREA DETENTIONAREA DETENTION AREA DETENTION AREA ASPHALTPARKING ASPHALTPARKING ASPHALT PARKINGCB1 CB2 CB3 CB4 CB5 CB6 CB7 CB8 CB9 CB10 CB11 CB14CB12CB13 CB15 CB16 CB17 CB18 CB21CB19CB20 CB22 CB23 CB24 CB25 CB26 CB27 CB28 CB29 CB30 CB31 WCS WCS WCS WCS WCS WCS WCS CI1 CI2 CI3 CI4 CI5 CI6 CI7 CI8 CI9 CI10 CI11 CI14 CI15 CI16 CI17 CI18 CI19 CI20 CI21 CI22 CI23 CI24 SMH1 SMH2 SMH3 SMH4 SMH6 SMH5 SMH7 SMH8 70.35'5.11'111.33'5.00'131.85'4.14'161.69'4.98'58.81'220.10'24.95' 35.38'18.67'13.27' 19.73' 14.00'29.62'58.63' 3.05' 100.08'53.12'98.89'21.52'24 . 5 0 ' 43.44'47.16'3.04'81.05'14.03' 24.02' 96.06' CONCRETE WALL(DIMENSIONS AREEXTERIOR) APPROXIMATEOVERHANGOF STEEL BEAMS BUILDING UNDER CONSTRUCTION CONCRETE SLAB ELEVATION = 15.20 CONCRETE PADLOADING BAY CONCRET E P A D LOADING B A Y CONCRET E P A D LOADING B A Y LS 213.28' 213.29'133.66'133.35'263.30' 262.51' POINT OF COMMENCEMENT POINT OF BEGINNING BENCHMARK X-CUT IN NORTH RIM ELEVATION = 14.43 NAVD BENCHMARK X-CUT IN NORTH WEST CORNER OF CONTROL STRUCTURE ELEVATION = 11.88 NAVD CB32 CB33 CI12 CI1350.00'(D)50.00'(S)850.00'(D)850.09'(S)NORTH 50'96.68'(S)402.93'(S)OVERHEAD ROADSIGNS OVERHEAD TRAFFICSIGNAL ARM TOE OFSLOPE TOP OF SLOPE TOE OFSLOPE TOP OFSLOPE SIGNTOP OFSLOPE TOE OFSLOPE TOP OFSLOPE TOE OFSLOPE TOP OFSLOPE TOE OFSLOPE 5'± CONCRETE SIDEWALKSIGN5.8'± CONCRETE SIDEWALK5'± CONCRETE SIDEWALK6'± CONCRETE SIDEWALK 6'± CONCRETE SIDEWALK 6' ± C O N C R E T E S I D E W A L K TOE OFSLOPE TOP OFSLOPE TOE OFSLOPE TOP OFSLOPE TOE OFSLOPE TOP OFSLOPE TOE OFSLOPE TOE OFSLOPE TOP OF SLOPE DAVIS BOULEVARD COLLIER BOULEVARD(SOUTH BOUND LANES)8760 DAVIS BOULEVARD CONSERVATION EASEMENT(O.R. BOOK 4098, PAGE 2160)(O.R. BOOK 4298, PAGE 842) CONSERVATION EASEMENT(O.R. BOOK 4098, PAGE 2160)(O.R. BOOK 4298, PAGE 842) CONSERVATION EASEMENT(O.R. BOOK 4098, PAGE 2160)(O.R. BOOK 4298, PAGE 842) TRACT 2, GATOR GATE PLAT BOOK 7 PAGE 54 C 1 C 2 76.80'(D) 76.63'(S) DETENTION AREA PLATTED 50' W I D E ACCESS EASE M E N T L E S S A N D E X C E P T ( O . R . B O O K 4 3 6 0 , P A G E 2 6 5 3 )PERMANENT UTILITY EASEMENT(O.R. BOOK 4013, PAGE 81)15'X25' C.U.E (O.R. BOOK 4546, PAGE 928) 10' FPL EASEMENT (O.R. BOOK 4212, PAGE 1810) TRACT 1, GATOR GATE PLAT BOOK 7 PAGE 2 TRACT 1, GATOR GATE PLAT BOOK 7 PAGE 2 PART OF TRACT 1, GATOR GATE PLAT BOOK 7 PAGE 2 WATERLINESTUB OUT WCS RIM = 12.48WINDOW = 10.5458" CPP SOUTH = 9.38 CB32RIM = 10.0118" CPP SOUTH = 2.40 WCSRIM = 11.71 WINDOW = 9.68 42" CPP WEST = 9.01 WCSRIM = 11.35WINDOW = 9.9724" CPP WEST = 6.05 CB28 (CURB INLET)RIM = 13.7424" CPP EAST = 8.3224" CPP WEST = 8.34 CB29RIM = 13.5724" CPP EAST = 7.98 24" CPP NORTH = 7.95 12" INVERT SOUTH = 5.89 CB30RIM = 13.54 24" CPP NORTHWEST = 7.8724" CPP SOUTH = 7.85 DRAINAGE MANHOLE RIM = 13.56WINDOW = 12.3324" CPP WEST = 7.6324" CPP SOUTHEAST = 7.61 DRAINAGE MANHOLERIM = 13.66WINDOW = 12.4024" CPP EAST = 7.5524" CPP SOUTHWEST = 7.53 DRAINAGE MANHOLERIM = 13.63WINDOW = 12.3524" CPP NORTHEAST = 7.29 17" CPP NORTHWEST = 7.30 CB31RIM = 9.9218" CPP E. = 3.4217" CPP SE. = 3.4915" CPP INVERT W.= 3.47 135 10.72 TOP FL 10.86 90 9.85 90 10.42 TOP FL 10.44 TOP 10 INCH PIPE FL UNDER 10.95 ASPHALTROAD GRAVELAREA GRAVELAREA GRAVELAREA GRAVELAREA GRAVELAREA25.96'24.66' CLIENT:TITLE:FILE NO.: SHEET OF NO.REVISION DESCRIPTIONDATE BY3106 SOUTH HORSESHOE DRIVECIVIL ENGINEERINGSURVEY & MAPPINGCOASTAL ENGINEERINGENVIRONMENTALPLANNING SERVICESNAPLES, FLORIDA 34104PHONE: (239)643-2324 FAX: (239)643-1143www.coastalengineering.comE-Mail: info@cecifl.comServing Florida Since 1977THIS DOCUMENT, AND THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OFSERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED.REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION ANDADAPTATION BY COASTAL ENGINEERING CONSULTANTS, INC. (CECI) OR ITS SUBSIDIARIES SHALL BEWITHOUT LIABILITY TO CECI OR ITS SUBSIDIARIES.FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 COASTAL ENGINEERING CONSULTANTS, INC. DATE OF FIELD SURVEY: 09/25/18 FLORIDA CERTIFICATE NO. 5295 PROFESSIONAL SURVEYOR AND MAPPER THE ORIGINAL RAISED SEAL OF A FLORIDA NOT VALID WITHOUT THE SIGNATURE AND LICENSED SURVEYOR AND MAPPER DATE OF SIGNATURE: RICHARD J. EWING, VP CHECKED:F.B.ACAD NO.PG.DRAWN:DATE:REF. NO.SCALE:SEC. TWP. RNG. 16.189 31RECORD SURVEYBENDERSON DEVELOPMENT CO., LLC1" = 50'G6417026E50S161891618909/25/18MMWRJE3SCALE: 1" = 50' 50 250 50 100 GENERAL NOTES 1. = FOUND 5/8" IRON PIN AND CAP STAMPED FDOT DRMP LB 2468. 2. = FOUND 5/8" IRON PIN AND CAP STAMPED ABB INC LB 3664. 3. = FOUND CONCRETE (ILLEGIBLE). 4. = FOUND PK NAIL AND DISC STAMPED FDOT DRMP LB 2468. 5. DESCRIBED PROPERTY LIES WITHIN FLOOD ZONE AH, ELEVATION = 11.00' NAVD PER F.I.R.M. COMMUNITY PANEL NO. 120067 MAP NOS. 12021C 0414H AND 12021C 0418H DATED MAY 16, 2012. 6. ELEVATIONS HEREON ARE REFERENCE TO NORTH AMERICAN VERTICAL DATUM OF 1988. (NAVD88) BENCHMARK USED = NGS V526 (PID AJ6598). 7. THIS SURVEY IS CERTIFIED TO THE DATE OF THE FIELD SURVEY, NOT THE DATE OF SIGNATURE. SMH #1 RIM ELEVATION = 14.53 8" PVC INVERT NORTH = 7.23 8" PVC INVERT WEST = 7.13 SMH #2 RIM ELEVATION = 14.44 8" PVC INVERT SOUTH = 8.22 SMH #3 RIM ELEVATION = 14.54 8" PVC INVERT EAST = 6.18 8" PVC INVERT WEST = 6.06 SMH #4 RIM ELEVATION = 14.17 8" PVC INVERT EAST = 5.24 8" PVC INVERT NORTHWEST = 5.14 SMH #5 RIM ELEVATION = 13.91 8" PVC INVERT WEST = 4.24 8" PVC INVERT SOUTHEAST = 4.52 8" PVC INVERT NORTH = 4.82 SMH #6 RIM ELEVATION = 14.08 8" PVC INVERT NORTH = 5.29 8" PVC INVERT SOUTH = 5.18 SMH #7 RIM ELEVATION = 14.43 8" PVC INVERT SOUTH = 6.71 8" PVC INVERT EAST = 7.53 SMH #8 RIM ELEVATION = 14.11 8" PVC INVERT WEST = 9.05 8" PVC INVERT NORTHEAST = 9.10 SANITARY SEWER MANHOLE TABLE CB #1 (CATCH BASIN) GRATE ELEVATION = 12.78 CB #2 (CATCH BASIN) GRATE ELEVATION = 12.80 CB #3 (CATCH BASIN) GRATE ELEVATION = 12.80 CB #4 (CATCH BASIN) GRATE ELEVATION = 12.80 CB #5 (CATCH BASIN) GRATE ELEVATION = 12.84 CB #6 (CATCH BASIN) GRATE ELEVATION = 12.76 CB #7 (CATCH BASIN) GRATE ELEVATION = 12.81 CB #8 (CATCH BASIN) GRATE ELEVATION = 12.83 CB #9 (CATCH BASIN) GRATE ELEVATION = 12.87 CB #10 (CATCH BASIN) GRATE ELEVATION = 12.84 CB #11 (CATCH BASIN) GRATE ELEVATION = 12.83 CB #12 (CATCH BASIN) GRATE ELEVATION = 12.81 CB #13 (CATCH BASIN) GRATE ELEVATION = 12.83 CB #14 (CATCH BASIN) GRATE ELEVATION = 12.78 CB #15 (CATCH BASIN) GRATE ELEVATION = 13.10 CB #16 (CATCH BASIN) GRATE ELEVATION = 13.10 CATCH BASIN DRAINAGE TABLE CB #17 (CATCH BASIN) GRATE ELEVATION = 13.12 CB #18 (CATCH BASIN) GRATE ELEVATION = 13.14 CB #19 (CATCH BASIN) GRATE ELEVATION = 13.13 CB #20 (CATCH BASIN) GRATE ELEVATION = 13.13 CB #21 (CATCH BASIN) GRATE ELEVATION = 13.10 CB #22 (CATCH BASIN) GRATE ELEVATION = 13.11 CB #23 (CATCH BASIN) GRATE ELEVATION = 13.12 CB #24 (CATCH BASIN) GRATE ELEVATION = 13.16 CB #25 (CATCH BASIN) GRATE ELEVATION = 13.46 CB #26 (CATCH BASIN) GRATE ELEVATION = 14.87 CB #27 (CATCH BASIN) GRATE ELEVATION = 10.03 CB #28 (CATCH BASIN) GRATE ELEVATION = 13.74 CB #29 (CATCH BASIN) GRATE ELEVATION = 13.57 CB #30 (CATCH BASIN) GRATE ELEVATION = 13.54 CB #31 (CATCH BASIN) GRATE ELEVATION = 9.92 CB #32 (CATCH BASIN) GRATE ELEVATION = 10.01 CB #33 (CATCH BASIN) GRATE ELEVATION = 14.80 CATCH BASIN DRAINAGE TABLE CI #1 (CURB INLET) GRATE ELEVATION = 12.00 CI #2 (CURB INLET) GRATE ELEVATION = 11.44 CI #3 (CURB INLET) GRATE ELEVATION = 11.90 CI #4 (CURB INLET) GRATE ELEVATION = 12.17 CI #5 (CURB INLET) GRATE ELEVATION = 12.47 CI #6 (CURB INLET) GRATE ELEVATION = 12.80 CI #7 (CURB INLET) GRATE ELEVATION = 13.12 CI #8 (CURB INLET) GRATE ELEVATION = 12.77 CI #9 (CURB INLET) GRATE ELEVATION = 12.40 CI #10 (CURB INLET) GRATE ELEVATION = 12.07 CI #11 (CURB INLET) GRATE ELEVATION = 12.07 CI #12 (CURB INLET) GRATE ELEVATION = 12.76 CURB INLET DRAINAGE TABLE CI #13 (CURB INLET) GRATE ELEVATION = 12.62 CI #14 (CURB INLET) GRATE ELEVATION = 12.82 CI #15 (CURB INLET) GRATE ELEVATION = 13.95 CI #16 (CURB INLET) GRATE ELEVATION = 13.81 CI #17 (CURB INLET) GRATE ELEVATION = 13.81 CI #18 (CURB INLET) GRATE ELEVATION = 13.80 CI #19 (CURB INLET) GRATE ELEVATION = 13.91 CI #20 (CURB INLET) GRATE ELEVATION = 14.23 CI #21 (CURB INLET) GRATE ELEVATION = 14.23 CI #22 (CURB INLET) GRATE ELEVATION = 14.39 CI #23 (CURB INLET) GRATE ELEVATION = 14.36 CI #24 (CURB INLET) GRATE ELEVATION = 14.37 CURB INLET DRAINAGE TABLE OF A TRACT OR PARCEL OF LANDLYING IN THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 3,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COUNTY OF COLLIER,FLORIDA.CXX - CURVE TABLE CURVE C1(D) C2 RADIUS 905.71' 865.71' DELTA 36°12'47" 39°54'04" LENGTH 572.44' 602.93' CHORD BEARING N40°33'22"W C1(S)905.71' 36°14'14" 572.83' 563.33' N44°25'22"W C2(S)865.71' 39°54'04" 602.88' 590.78' N40°33'15"W LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING PART OF TRACT 1, GATOR GATE, AS RECORDED IN PLAT BOOK 7, PAGE 2, PUBLIC RECORDS OF SAID COLLIER COUNTY, AND A PART OF TRACT 2, GATOR GATE, UNIT 2, AS RECORDED IN PLAT BOOK 7, PAGE 54, OF SAID PUBLIC RECORDS BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 3; THENCE S00°28'36"W ALONG THE WEST LINE OF SAID FRACTION FOR 50.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 84; THENCE S89°42'19"E ALONG SAID SOUTH LINE FOR 200.00 FEET TO THE POINT OF BEGINNING; THENCE S00°28'36"W ALONG A LINE PARALLEL WITH AND 200.00 FEET EAST OF (AS MEASURED ON A PERPENDICULAR) SAID WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 FOR 900.00 FEET; THENCE S89°42'19"E ALONG A LINE PARALLEL WITH AND 900.00 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) SAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 84 FOR 1012.98 FEET TO THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 951; THENCE N00°50'42"E ALONG SAID WEST RIGHT-OF-WAY LINE FOR 500.04 FEET TO A POINT OF INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 905.71 FEET AND TO WHICH POINT A RADIAL LINE BEARS N63°40'35"E; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°12'47" FOR 572.44 FEET TO SAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 84; THENCE N89°42'19"W RIGHT-OF-WAY LINE FOR 618.76 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPTING THEREFROM THE NORTH 50 FEET ALSO LESS AND EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO COLLIER COUNTY RECORDED IN OFFICIAL RECORDS BOOK 4360, PAGE 2653, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.NO.1 ADDED ADDITIONAL TOPO AND ASBUILTS04/13/20 MMW TCB TEL WMB TV LEGEND (D) - DESCRIPTION DATA (P) - PLAT DATA (S) - SURVEY DATA - DENOTES FIRE HYDRANT - DENOTES IRRIGATION VALVE - DENOTES ELECTRIC SERVICE - DENOTES WATER METER BOX - DENOTES WATER VALVE - DENOTES CATCH BASIN - DENOTES CABLE SERVICE - DENOTES SEWER MANHOLE - DENOTES TELEPHONE SERVICE - DENOTES LIGHT POLE - DENOTES POWER POLE - DENOTED UNDERGROUND GAS LINE MARKER - DENOTES FIRE DEPARTMENT VALVE - DENOTES AIR RELEASE VALVE - DENOTES CLEANOUT - DENOTES PVC PIPE - DENOTES FIRE DEPARTMENT RISER - DENOTES TRAFFIC CONTROL BOX - DENOTES BURIED FIBER OPTIC MARKER UG LPG LEGEND - DENOTES CONCRETE LIGHT POLE - DENOTES CONCRETE POWER POLE - DENOTES DRAINAGE MANHOLE - DENOTES PEDESTRIAN CROSSING SIGNAL - DENOTES TRAFFIC SIGNAL VAULT - CONSERVATION EASEMENT - 10' FPL EASEMENT - PERMANENT UTILITY EASEMENT Digitally signed by Richard J Ewing DN: c=US, o=Florida, dnQualifier=A01410C00000184C4 118C310004E891, cn=Richard J Ewing Date: 2023.05.01 06:35:13 -04'00'