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CCPC Agenda 02/15/2024COLLIER COUNTY Collier County Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 February 15, 2024 9: 00 AM Edwin Fryer- Chairman Joseph Schmitt, Environmental - Vice -Chair Paul Shea, Environmental - Secretary Christopher Vernon Robert Klucik, Jr. Randy Sparrazza Chuck Schumacher Amy Lockhart, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Page I Printed 21912024 February 2024 1. Pledge of Allegiance 2. Roll Call by Secretary 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes A. January 18, 2024 CCPC Meeting Minutes 6. BCC Report - Recaps 7. Chairman's Report 8. Consent Agenda 9. Public Hearings A. Advertised PL20230002069 - GMPA- The Boat House Commercial Subdistrict- South of Radio Lane, North of Davis Boulevard and East of Radio Road - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and Future Land Use Map and map series by changing the land use designation of the property from Urban, Urban Mixed Use District, Urban Residential Subdistrict to Urban, Urban Commercial District, The Boat House Commercial Subdistrict to allow a maximum of 32,500 square feet gross floor area of Commercial Intermediate (C-3) uses or 20,000 square feet of the gross floor area of Boat Sales and Boat and Engine services and repairs. The subject property is located south of Radio Lane, North of Davis Boulevard, and east of Radio Road in Section 3, Township 50 South, Range 26 East, consisting of 3.5f acres; furthermore, directing transmittal of the adopted amendment to the Florida Department of Commerce; providing for severability and providing for an effective date. (Companion Item PUDZ PL202300020681 [Coordinator: Kathy Eastley, Planner III] Collier County Planning Commission Page 2 Printed 21912024 February 2024 2. PL20230002068 — CPUD - Boat House - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Commercial Intermediate District (C-3) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project to be known as the Boat House CPUD, to allow development of up to 32,500 square feet of gross floor area of Commercial Intermediate (C-3) commercial Uses or 20,000 square feet of gross floor area of boat sales and boat and engine services and repairs; and by providing an effective date. The subject 3.5f acre property is located at the intersection of Radio Road and Davis Boulevard and south of Radio Lane in Section 3, Township 50 South, Range 26 East, Collier County, Florida. (Companion to GMPA- PL20230002069) [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Planner III] 3. **This item has been continued to the 3/7/2024 CCPC Meeting ** PL20230018350 LDCA - Updates to Removal of Exotic Vegetation - 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 (LDC) & Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to update the provisions related to the requirements for the removal of exotic vegetation. [Coordinator: Maria Estrada, Planner II] B. Noticed 10. Old Business 11. New Business 12. Public Comment 13. Adjourn Collier County Planning Commission Page 3 Printed 21912024 5.A 02/15/2024 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.2 Doc ID: 27705 Item Summary: PL20230002068 — CPUD - Boat House - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Commercial Intermediate District (C-3) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project to be known as the Boat House CPUD, to allow development of up to 32,500 square feet of gross floor area of Commercial Intermediate (C-3) commercial Uses or 20,000 square feet of gross floor area of boat sales and boat and engine services and repairs; and by providing an effective date. The subject 3.5f acre property is located at the intersection of Radio Road and Davis Boulevard and south of Radio Lane in Section 3, Township 50 South, Range 26 East, Collier County, Florida. (Companion to GMPA-PL20230002069) [Coordinator: Nancy Gundlach, AICP, PLA, CSM, Planner III] Meeting Date: 02/15/2024 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 0l/12/2024 4:11 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 01 / 12/2024 4:11 PM Approved By: Review: Operations & Regulatory Management Donna Guitard Review Item Planning Commission Diane Lynch Review item Zoning James Sabo Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Review Item Unknown Jaime Cook Additional Reviewer Growth Management Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Completed 01/29/2024 3:42 PM Completed 01/30/2024 2:21 PM Skipped 01/30/2024 2:53 PM Completed 01/30/2024 2:54 PM Completed 0 1 /30/2024 4:42 PM Completed 02/07/2024 3:14 PM GMD Deputy Dept Head Completed 02/07/2024 3:16 PM 02/15/2024 9:00 AM Packet Pg. 4 January 1, 2024 5.A.a TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida January 18, 2024 LET IT BE REMEMBERED that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Edwin Fryer, Chairman Joe Schmitt, Vice Chair Robert L. Klucik, Jr. Paul Shea Chuck Schumacher Amy Lockhart, Collier County School Board Representative ABSENT: Randy Sparrazza Christopher T. Vernon ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Director Heidi Ashton-Cicko, Managing Assistant County Attorney Derek Perry, County Attorney's Office Page 1 of 46 Packet Pg. 5 January 1, 2024 5.A.a PROCEEDINGS MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. The January 18, 2024, meeting of the Collier County Planning Commission, please come to order. Everyone please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FRYER: Mr. Secretary, please call the roll, sir. COMMISSIONER SHEA: Chair Fryer? CHAIRMAN FRYER: Here. COMMISSIONER SHEA: Vice Chair Schmitt? COMMISSIONER SCHMITT: Here. COMMISSIONER SHEA: Secretary Shea is here. Chris Vernon. Commissioner Vernon is not here. Commissioner Klucik? COMMISSIONER KLUCIK: Present. COMMISSIONER SHEA: Commissioner Sparrazza is not here. Commissioner Schumacher? COMMISSION SCHUMACHER: Here. COMMISSIONER SHEA: And, Ms. Lockhart? MS. LOCKHART: Here. COMMISSIONER SHEA: We have a quorum, sir. CHAIRMAN FRYER: Thank you, sir. And for the record, the absences of Commissioners Vernon and Sparrazza are excused. We're going to have a little of a challenge up here at the dais, and so I'm going to ask everyone to be especially helpful to me as your loyal and faithful traffic cop. We don't have the deliberator working, so I won't be able to see you're signaling, and I ask, therefore, that before you start speaking, please ask to be recognized, and I'll do my very best to keep an order -- keep the order of when people request to speak in mind so that I'll call upon you in that same order. Thank you in advance. Addenda to the agenda, Mr. Bellows. MR. BELLOWS: Good morning. We do have a change to the agenda. Agenda Items 9A1 and 9A2 have been continued indefinitely to allow the applicant to work out some issues with their client. CHAIRMAN FRYER: May I translate that to "they are requesting a continuance"? MR. BELLOWS: Yes. Thank you. CHAIRMAN FRYER: Thank you very much. All right. And would you repeat what the justification for that was. MR. BELLOWS: It's my understanding that they want to work out some issues with their client because of the staff recommendation of denial. CHAIRMAN FRYER: Okay. Thank you. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes, Commissioner. COMMISSION SCHUMACHER: If I could, my monitor has got nothing. I think some have something and some have nothing. Page 2 of 46 Packet Pg. 6 January 1, 2024 5.A.a CHAIRMAN FRYER: Okay. And we'll ask our staff -- I've got something but not much. COMMISSIONER SHEA: He's got the same. CHAIRMAN FRYER: So we will -- we'll need some help in here with our monitors. Thanks, Commissioner. All right. So we need to take up the issue of the request for an indefinite continuance on the two companions today, which were to be first. That's PL20220006561, and 2022000- -- COMMISSIONER SCHMITT: I make a motion to approve a continuance at the as requested by the applicant. COMMISSION SCHUMACHER: Second. CHAIRMAN FRYER: Okay. And that would be an indefinite continuance, so it would have to be readvertised. All right. Any further -- COMMISSIONER SHEA: "Indefinite," does that mean that it just pops -- whenever it pops back in, it has to go through the normal waiting process to get in line? CHAIRMAN FRYER: It's similar to being tabled indefinitely. COMMISSIONER SHEA: Okay. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: (No verbal response.) COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously, and the matter is continued indefinitely. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes, sir, Commissioner. COMMISSIONER KLUCIK: I don't see any tech people furiously scurrying to help us. CHAIRMAN FRYER: Neither do I. I'll put the call out again. I know Mr. Miller is not in today. COMMISSIONER SHEA: There's nothing on it. He has the same thing we all have. COMMISSIONER SCHMITT: In case the -- CHAIRMAN FRYER: Well, we have a home screen. Here we go. And maybe -- maybe since -- although we probably should see the camera. COMMISSIONER SCHMITT: There it is. You have to touch on the bottom. CHAIRMAN FRYER: Oh, thank you. Thank you very much. All right. Back to our agenda. Let's see. Planning Commission absences, our next meeting is on February 1 st, 2024. Anyone know if he or she will not be able to attend that meeting? Page 3 of 46 Packet Pg. 7 January 1, 2024 5.A.a (No response.) CHAIRMAN FRYER: Hearing no responses -- February 1 st? COMMISSIONER SHEA: Yes, I'm here. CHAIRMAN FRYER: I'm hopeful that we will, then, be able to have a quorum at that time. Same question for February 15, and I know the secretary will not be able to be here. COMMISSIONER SHEA: Correct. CHAIRMAN FRYER: Anybody else know that he or she will not be able to attend the February 15 Planning Commission meeting? (No response.) CHAIRMAN FRYER: If not, we'll turn to approval of minutes, which will be an easy one because there are no minutes before us today for action. BCC report/recap, Mr. Bellows. MR. BELLOWS: Yes. On January 9th, the Board of County Commissioners heard the PUD rezone for 12425 Union Road, RPUD, that was for 109 dwelling units, and that was approved on the summary agenda. CHAIRMAN FRYER: Thank you. Chairman's report, none today. Consent agenda, none today. ***Public hearings. So now the first item on our agenda for hearing are two companions, PL20210001954, the East Tamiami Trail Industrial Subdistrict Small -Scale Growth Management Plan amendment, and PL20210001953, the NBC RV mixed -use PUDZ. All those wishing to testify in this matter, please rise and be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Ex parte disclosures from the Planning Commission starting, please, with Ms. Lockhart. MS. LOCKHART: None. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Matters of public record, meetings with staff. COMMISSIONER SCHMITT: I had several conversations with Noel and Ellen on -- in regards to this petition and specifically regarding the uses, which I'm sure Noel's going to address in his presentation. CHAIRMAN FRYER: Thank you. COMMISSIONER KLUCIK: Nothing to disclose. CHAIRMAN FRYER: Thank you. COMMISSION SCHUMACHER: Agenda materials and public record. CHAIRMAN FRYER: Thank you very much. With that, the Chair recognizes Mr. Davies. MR. DAVIES: Thank you, Mr. Chairman. Good morning, Commissioners. Noel Davies with the law firm of Davies Duke on behalf of the applicants NBC RV, LLC, and NBC North, LLC. Page 4 of 46 Packet Pg. 8 January 1, 2024 5.A.a I have with me today Keith Basic, my client representative; Ellen Summers with Hole Montes is our professional planner; Trebilcock Consulting Solutions is our transportation engineer; and Russ Weyer is our economist. The project site is located approximately five miles east of the intersection of Collier Boulevard and the East Trail. Our pending applications today include a rezone to PUD with corresponding Growth Management Plan amendment. The property's size is approximately 33-and-a-half acres, and we are currently zoned as three conventional zoning districts: I, or industrial, zoning district; ag, or agricultural, zoning district; and something called TTRVC zoning district, which stands for travel trailer recreational vehicle. Our proposed PUD has three tracts. Tract I is the industrial tract. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead, Commissioner. COMMISSIONER KLUCIK: If I might. If Ms. Padron can check the screen. Her -- she's blocking some of it. CHAIRMAN FRYER: Oh. Yeah. What we're seeing is your name, Ms. Padron. Thank you. MR. DAVIES: Thank you. CHAIRMAN FRYER: Go ahead, Mr. Davies. MR. DAVIES: Thank you, Mr. Chair. Our three tracts in the proposed PUD, Tract I, the industrial tract; Tract C is our industrial tract; Tract C is our commercial tract; and we have a Tract TC as well, which is an either/or tract. We would have the option to put either more commercial there or these TTRVC uses, travel trailers and recreational vehicles. We've shifted the industrial uses as far north as possible. Now this isn't working. One moment, Commissioners. There we go. There we go. So we've shifted, as I mentioned, the industrial uses on the north side of the site as far as possible. Our industrial uses are immediately adjacent on the west to other existing industrial uses. As an example, there is a concrete batch plant immediately next door. And we have worked closely with our neighbors throughout the process. After significant negotiations with them, my client has agreed to provide a 10-foot-high concrete wall that is going to extend well over 2,000 linear feet on the east side of the property, providing them plenty of buffering. This is way beyond what code requires. Code requires a 6-foot-high fence or berm. And we are swapping out that 6-foot fence for a 10-foot-tall concrete wall. This is going to separate the series of five -acre agricultural lots on our east. On the specifics of our proposed uses, we've limited both the industrial uses and the commercial uses significantly. We eliminated a bunch of industrial uses that are allowed by right today. I pointed these out on the slide. I recognize these are hard to see. I wanted to give you a sense of the number that are allowed by right today that have been eliminated. We also picked only a small section of the C-5 uses, 28 of the 183. I want to point out, Commissioners, what we're not doing as much as what we are doing. We do have a small concrete crushing use, but we are not doing the type of crushing that has been occurring at the Davis and Santa Barbara site. I want to be very clear about that. That Page 5 of 46 Packet Pg. 9 January 1, 2024 5.A.a property has a long history, of which I'm sure you're aware, and they've been doing a specific type of crushing of demolition and construction debris to use as fill for future construction on that site. It has gotten way out of control, in my opinion. They don't seem to follow code. There's no buffering, there's no concrete walls, and there is residential -- significant residential all around them. That is not what we're doing. We are proposing a very limited crushing operation. It's governed by SIC Code 3272. That is allowed by right today under our existing industrial zoning. It's going to be limited to the three -and -a -half acres at the north end of our property. By comparison, the Davis/Santa Barbara site is 16 acres. So we are much smaller than them. We're in a much better location within the county, frankly. We're way out east. We're next to other industrial uses, and we will certainly comply with all county codes and regulations. I'm happy to -- COMMISSIONER SHEA: You're crushing concrete, right? MR. DAVIES: Correct, correct. COMMISSIONER SHEA: Yeah. MR. DAVIES: I'm happy to answer questions about that as well as any other uses. If I may, at this time I'm going to invite Ms. Summers to walk you through the remainder of our presentation, and then we will both remain available for questions. Thank you, Commissioners. CHAIRMAN FRYER: Thank you. MS. SUMMERS: Good morning. For the record, Ellen Summers. I'm a certified land -use planner with Hole Montes. As Noel briefly mentioned, we have two applications types before you today. The first is a Small -Scale Growth Management Plan amendment, and that is to create the East Tamiami Trail commercial -- or industrial subdistrict, excuse me. And the purposes for that first petition is our existing future land -use designation. The site is currently within the rural industrial area which permits those uses such as manufacturing processes -- processing, storage, and warehousing. And the additional portion of this site is located within the Rural Fringe Mixed -Use Overlay. It is designated a receiving area, and that designation is a -- provides a transition between the urban areas and the agricultural and conservation lands further out east. And, again, that receiving area designation is determined to be the most appropriate area for development; creates that buffer between the urban and the rural area. Our existing zoning, as Noel previously stated, we have some agricultural zoning, some industrial zoning, as well as TTRVC. The site is surrounded by agricultural zoning to the east. To the south, there is C-5 zoning and a more recent PUD approval for C-4 uses as well as outdoor storage and indoor storage. The remainder of the -- excuse me. The western portion of the site adjacent to us is industrial uses. And, again, just to kind of go over what's existing in this nearby vicinity, we have a concrete -making batch plant that is on the northwestern portion adjacent to this site. The south of that, there has been approval for an auto salvage yard. South of that, outdoor storage. There's an existing Cemex site, and then, again, we also have covered storage for C-5 that is in existence today, and then we also have a portion of the adjacent sites that permit indoor storage. As well, there's been conditional -use approval for liquid Page 6 of 46 Packet Pg. 10 January 1, 2024 5.A.a propane storage and distribution. So as you can see, we already have quite an industrial and heavy commercial use area. This is a little bit of an older aerial of the site, but this just demonstrates that there has been, previously, impacts from development on this site. There is no native habitat on site, and there is an existing stormwater lake and stormwater detention area. The East Tamiami Trail industrial subdistrict proposes to provide for certain industrial uses, commercial uses, and services, as well as TTRVC uses. We are limiting the maximum cumulative gross floor area for the C-5 industrial uses to 356,000 square feet, and that area also will be included for the areas developed for outdoor use areas as well as those structures. And, again, if the TTRVC use is selected, that has a maximum of 75 TTRVC units. The subdistrict also provides the requirement for the PUD to include a maximum trip cap, which is 151 two-way p.m. peak -hour net trips, and this is generally going to be the overriding limit on any combination of the permitted uses. The subdistrict also provides a prohibition and restriction of certain industrial and C-5 uses, which we have carried over into the PUD. Our companion item is the NBC RV Mixed -Use Planned Unit Development. And as Noel previously stated, this PUD provides three development tracts on approximately 33-and-a-half acres. Tract C is your limited C-5 commercial uses. Again, that tract is going to be subject to a cumulative maximum gross floor area of 206,000 square feet. And, again, that area includes area dedicated to outdoor storage as well as structures. Tract TC, that's the TTRVC or commercial use tract. If TTRVC is selected, that's up to 75 TTRVC uses or those commercial uses that are permitted within Tract C. If the commercial uses are utilized within this tract, Tract TC and C will kind of work in combination for a maximum of 206,000 square feet. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead, Commissioner. COMMISSIONER KLUCIK: So -- all right. So Tract I is off to the north, and that sort of sequesters the most offensive, I guess I would say, activity, and then you have C and TC. And what is -- you know, what do you envision that? Like, what can we imagine when we're thinking of the commercial uses that would be there? MS. SUMMERS: So, again, we have a full range of C-5 uses, again, limited to about 28 from the list of C-5 uses within the LDC. COMMISSIONER KLUCIK: What are the most offensive of those 28? MR. DAVIES: We can show you the list here. Okay. This is industrial. So here's the C-5 uses. COMMISSIONER KLUCIK: Which we can't read. MR. DAVIES: Well, I mean, I can read -- read all 28 of them to you, Commissioner. I mean, there's a variety of trade contractors, car washes allowed. These are -- these are heavy construction equipment rental and leasing. Perhaps that could be argued as a more intense use. COMMISSIONER KLUCIK: I guess a better question is, so if you're the properties, you know, adjacent to the lake -- to the east of the lake. MR. DAVIES: Yes, sir. COMMISSIONER KLUCIK: Right now what could be on that strip of land? MR. DAVIES: So the mix is industrial, TTRVC, and -- Page 7 of 46 Packet Pg. 11 January 1, 2024 5.A.a COMMISSIONER KLUCIK: But it's the same stuff. There's not really anything new that can offend them? MR. DAVIES: Correct, correct. COMMISSIONER KLUCIK: Okay. That's fine. MS. ASHTON-CICKO: Well, the current use in that location is TTRV, and what -- he just mentioned what he's proposing. MR. DAVIES: Well, the zoning is industrial, TTRVC, and ag, a mix of those conventional zoning districts, and we're going to a PUD that creates an industrial tract, a commercial tract, and then this TC tract where we could do more commercial or the travel trailer recreational vehicle. COMMISSIONER KLUCIK: Right, okay. So it's arguably less offensive use is -- MR. DAVIES: Yeah, that's part of our -- COMMISSIONER KLUCIK: There's more or less offensive uses that would be possible? MR. DAVIES: That's part of our proposal, yes, Commissioner, because the -- COMMISSIONER KLUCIK: Okay. That's fine. I don't want anyone to think that I think that we shouldn't have those, quote, "offensive uses." But, obviously, if you're the property owner, adjacent property owner, and you're using it, you know, that's where you live or whatever, that is going to be offensive to you, and so that's why I'm phrasing it that way. MR. DAVIES: Sure. COMMISSIONER KLUCIK: I'm all for all of that offensive stuff. It's just, obviously, the issue is where does it belong. MR. DAVIES: Sure. And as an example -- right, so everyone knows the PUD allows you to shift development standards but also allows you to reduce and specifically call out uses that you're going to do or that you're not going to do. So the full gamut of industrial uses is on the table for a portion of the site today, and we're eliminating those. And then on the C-5 uses -- which, to be clear, we don't have C-5 zoning today. We have industrial zoning which, arguably, is more intense. It's a different use list, but it's arguably more intense than C-5. And we've taken the C-5 uses, we've eliminated a large majority of them. There's 183 on the table, and we've picked 28 of them. Just to respond to your question, I mean, a number of these uses -- which we can walk through the specifics of. But you'll see roofing contractors, plumbing contractors. I think part of the vision for this part of the site is that a number of these trades can keep their trucks there. They could have a small office. I mean, this is 33-and-a-half acres. So it's a sizable site. We're way -- you know, we're way out east by other industrial, but the idea is that a roofing contractor, a plumber could keep their materials there, their trucks there, and also have a small office. COMMISSIONER KLUCIK: Thank you. MR. DAVIES: Yes, sir. COMMISSIONER KLUCIK: Sorry for the interruption. MS. SUMMERS: All right. I think I touched on everything on this slide. And, again, just to reiterate, the industrial uses and commercial uses for tract -- excuse me. Tract I is going to be subject to a cumulative maximum gross floor area of 150,000 square feet, and Tract I, as it exists today, is 12.8 acres. So we're really kind of limiting how Page 8 of 46 Packet Pg. 12 January 1, 2024 5.A.a much development can be imposed on that site. And, again, I just wanted to touch on the master plan here a little bit. North is to our right here where you have Tract I, Tract TC is going to be on the western portion, and Tract C to the eastern portion. And as Noel -- I'll just kind of briefly go over this. We have limited the number of C-5 and industrial uses permitted. Again, going from 183 C-5 uses to about 28 and about 56 industrial uses to 38 industrial uses. We also have placed some additional limitation on some of those uses as to where exactly they're permitted within each tract. Within outdoor storage yards, we have placed some additional development standards. We have very clearly indicated in the PUD that the outdoor storage yards are intended to admit [sic] the storage of vehicles that are in working order and not to be construed as junk vehicles. It's to store boat trailers, trailered vessels, and recreational vehicles. We have limited the number of storage spaces per acre, just out of an abundance of caution to make sure that we don't have, you know, a really overdeveloped outdoor storage on this site, so that's going to be limited to 40 storage spaces per acre, and they will be required to demonstrate that at time of SDP. The storage of construction materials, storage containers, and -- excuse me -- construction equipment is only permitted within Tract I. We have provided some significant buffering on the eastern portion of this site as well as to the north. On the eastern side of this site, we're proposing a 20-foot Type C buffer. That is also going to include a minimum of a 10-foot-high concrete wall on a minimum one -foot -high berm. We have also worked with the neighbors to, you know, indicate where those vegetation plantings are going to be located, and they will be located on the western portion of the wall. So the neighbors will just have the wall plantings at the interior of the site. And, again, we also will have a 20-foot Type C buffer on the north side of the property, which will have a minimum 6-foot-high wall. We held two NIMs for this project. The second NIM was held on August 22nd, 2023. Following that NIM and in response to various neighborhood -- neighbor comments, we made some PUD updates, the first of which is to include that minimum 10-foot concrete wall and a one -foot berm on the eastern PUD boundary. And, again, the reason we decided to put the required plantings on the western portion of the site or interior to the site is out of the request of the neighbors. They didn't -- that was their preference. We have included some additional lighting standards. So all exterior lights within the development shall be no more than 25 feet in height and shall be shielded. We have also included some hours of operation for the loading and crushing of concrete operations, which shall be limited to the hours of 6 a.m. and 8 p.m. This limitation does not include the work hours for administrative staff, office personnel, arrival of site and workers, or after-hours cleaning and maintenance staff. Again, as I previously stated, we do have a traffic commitment, which the maximum total daily trip generation for the PUD shall not exceed 151 two-way peak -hour net trips. And, again, that will be the overriding limitation for the development. Staff has reviewed and recommended approval for both of these petition items, and Page 9 of 46 Packet Pg. 13 January 1, 2024 5.A.a we would agree and request the same. And at this time I'll step back and allow you -all to ask any questions. Thank you. CHAIRMAN FRYER: Questions from the Planning Commission or comments? Vice Chair. COMMISSIONER SCHMITT: Yes. Noel, as we discussed, and, Ellen, I want to go to the list on the -- I've got to look at the page -- this is on the PUD, and it's Page 8 of 17 and 9 of 17. We talk about uses. Uses allowed but not permitted within 100 feet of the PUD boundary. Those are the uses that are in the staff report. MR. DAVIES: Commissioner, if I can just catch up with you. Do you have a packet page number? COMMISSIONER SCHMITT: It's -- the packet is 696. MR. DAVIES: 696. COMMISSIONER SCHMITT: The packet. It's 8 of 17 of the PUD. MR. DAVIES: Almost there. Yes, sir, go ahead. COMMISSIONER SCHMITT: The Tract C, which has automotive repair, automotive services, these are all allowed. And as I discussed, when we did the rezoning at the corner of U.S. 41 and Trinity, we had some very specific hours of operation. I didn't look those up. But as I recall, they were concentrated specifically on noise and light and operating hours. Ray, do you -- or, Mike, do you recall, that was the rezoning maybe two months, three months ago that came in. It's the C-4 property? And, Ellen, I think you pulled the data on that. MS. SUMMERS: Yeah. I can refer -- COMMISSIONER SCHMITT: I mean, that's the -- this is the use that's in the closest proximity to the homes that are to the east. MR. DAVIES: Yes, sir. COMMISSIONER SCHMITT: And I don't know if we have any residents coming in to talk. I guess we'll find out. But there was great concern when we talked about repair of vehicles, boat storage, operating of inboard/outboard motors, maintenance, those kind of things, and there was hours that restricted the time. And I think you fall within that frame because you have 8 p.m. MR. DAVIES: Yeah. So our -- we have a 25-foot height requirement on the lighting. COMMISSIONER SCHMITT: Yeah. MR. DAVIES: And so we did pull the PUD for their project, Commissioner Schmitt. And so they had -- they had a 20-foot height. We have 25. They had hours of operation for flushing of -- maintenance of vehicles or flushing of boat motors prohibited between 9 p.m. and 8 a.m., and we have hours of operation limitations on that crushing -- concrete crushing use that I mentioned, and that's -- there was a slide for that. Let me find it. What are our hours, Ellen? MS. SUMMERS: You passed it right here. MR. DAVIES: Six a.m. to 8 p.m. COMMISSIONER SHEA: Wow. That's a lot of crushing hours. MR. DAVIES: Yeah. Well, I mean -- the whole concept with this concrete wall that I mentioned at the beginning, which that other site did not commit to -- this is -- this is Page 10 of 46 Packet Pg. 14 January 1, 2024 5.A.a a 10-foot-high concrete wall that separates us from the five -acre agricultural tracts to the east. It's going to absorb a lot of noise. It's the full linear footage. This is a really wide site, right? So -- excuse me -- really narrow site that's really deep. So the entirety of that linear footage will have a 10-foot-high wall, and we expect that that will significantly reduce impacts of these uses, especially with the industrial being additionally west, more than an hours -of -operation limitation, for example. COMMISSIONER SHEA: How far west of the wall will the crusher be? MR. DAVIES: So -- COMMISSIONER SHEA: That's the one I'm the -- that's the noisiest one that I know of. COMMISSIONER SCHMITT: That's why -- you're not in Tract C for the crushing? MR. DAVIES: No, Tract I -- COMMISSIONER SCHMITT: Tract I. MR. DAVIES: -- up at the north, and then there's another 150-foot limitation that we worked with staff on to create so that the closest it could be to the wall is 150 feet. I think it's over 600 feet to the closest actual residence. So these are large lots on the other side, five acres each. COMMISSIONER SCHMITT: Well, I'd make a recommendation crushing does not start before 7 a.m. and has to end at no later than 6 p.m. COMMISSIONER SHEA: I support that completely. COMMISSIONER SCHMITT: And the second thing for crushing, that if you're going to be creating a dust environment, there has to be the construction of it or at least some type of element to keep the dust down, whether that's a sprinkler system, other types of wetting down in the system. I can't specify, because I have no idea of the intensity. But that's a pretty significant industrial use. And I would say that if you're going to -- I mean, I'm not telling you you have to have the EPA go out there and do air samples, but you have to keep the noise -- the noise and dust down. MR. DAVIES: It is -- COMMISSIONER SCHMITT: That's a pretty -- that's a pretty intense operation. I know that next door is the batch plant and the other type of facilities that are not part of your property. But I just want to make sure we limit the impact that it has with the homes in the east. And I know those homes to the east are -- frankly, they're ag. It's ag, one unit per five acres. But those homes have been there for years. MR. DAVIES: Correct. COMMISSIONER SCHMITT: On Trinity Drive. MR. DAVIES: Yeah. It's Trinity Place. Appreciate the comments. COMMISSIONER SCHMITT: Trinity Place. MR. DAVIES: Just -- I will note for the record, without any restrictions, the crushing use that we're mentioning, that SIC Code 3272 is allowed by right in the industrial zoning district. COMMISSIONER SCHMITT: I know that, but you're coming in now for a PUD, so I'm imposing a restriction. MR. DAVIES: Understood. COMMISSIONER SCHMITT: What's your date on -- I'm recommending a restriction of no earlier than 7 and no -- and must end by 6 p.m. Page 11 of 46 Packet Pg. 15 January 1, 2024 5.A.a CHAIRMAN FRYER: What is your client's position on that, Mr. Davies? MR. DAVIES: The client's position is the hours that we presented, which is to allow for 6 a.m. to 8 p.m. -- keep that slide up so I don't forget -- 6 a.m. to 8 p.m. CHAIRMAN FRYER: No room for movement? COMMISSIONER SHEA: No. MR. DAVIES: I don't believe so, Mr. Chair. I mean, if that's certainly the will of the majority of the recommendation of the Planning Commission, then we will accept that. COMMISSIONER SCHMITT: Okay. Let me go on to the other uses in Tract I. You have a list here. And concrete work, 171 -- or 1771. And I -- "concrete work" is a broad term. Are we talking again batch plant mixing? Is this forms for, you know, making jersey barriers, or what are we talking about here? MR. DAVIES: It's not -- it's not concrete manufacturing. And just to preface all of this, right, so the way that the county code provides for these uses is they do their best with words like "concrete work," right, so that there's not a full -- a full sentence, and then there's a parenthetical for an SIC code, right, the standard industrial classification. That's the -- you know, the national body that everyone's familiar with that you plug in -- typically it's a four -digit number. You can go on there now, and it will give you specific examples of what concrete work is. So let me walk through that. We did pull this since yesterday. Here's what that SIC code says. Special trade contractors primarily engaged in concrete work, including Portland Cement and asphalt. This industry includes the construction of private driveways and walks of all material. So my interpretation of what that means is these are the tradespersons, these are the contractors that do concrete jobs, right? So they would have their equipment there, their vehicles there, potentially an office there. They're not performing, you know, manufacturing of concrete on the site; rather, they go to the jobsite with their vehicles and return them at this location at the end of the day. COMMISSIONER SCHMITT: Okay. That's good clarification. I wanted that for the record. MR. DAVIES: Yes, sir. COMMISSIONER SCHMITT: We discussed that, and I have no objection to that type of use. Let me go down. You have a golf course, public, 7992. I mean, as I discussed with you, just take that off. It's not going to be a golf course. I don't even know why it's on the report. MR. DAVIES: We did talk to our client about that. I think that's a typo. We're happy to eliminate that. We're not intending to do a public golf course. COMMISSIONER SCHMITT: Okay. Let me go down to stone, clay, glass products. Again, are these contractors who concentrate in that type of work? Are you actually going to be forming pots and planters and other types of things on the site? Or are these just -- are these just, quote, the contractors who do that type of work? MR. DAVIES: So this one -- and I'm just going to rely on the SIC code. 3272 -- and this is what's somewhat confusing about the actual language in the code and the importance of going to the SIC code. 3272 is the concrete crushing use that I discussed. COMMISSIONER SCHMITT: Okay. MR. DAVIES: So this is -- and I'm reading from the SIC code -- establishments Page 12 of 46 Packet Pg. 16 January 1, 2024 5.A.a primarily engaged in manufacturing concrete products, except block and brick, from a combination of cement and aggregate. And this is something that we worked very hard with staff on on what is the use that we are intending to do and which SIC code does it fall within. So that's what the SIC code says. I can tell you that the intent is the crushing of concrete. There will be a crushing machine that will take larger pieces of concrete and reduce them in size to, for example, like, a 57 stone, like a landscaping -- like a landscaping rock. So you're taking one larger sort of raw material, and you are doing some manufacturing, if you will, of a -- you know, a new product that's spit out of the crushing machine. COMMISSIONER SCHMITT: Let me get into that further because what -- are we -- what are we talking about on site for stockpiling of this material prior to going through the crusher? Is there an area identified for stockpiling? MR. DAVIES: I mean, it's all within that industrial tract. So let me go back to the concept plan and the square footage. So it's all going to be limited to the Tract I, what you see here at the north end -- COMMISSIONER SCHMITT: Yeah. MR. DAVIES: -- cannot extend -- see that 150-foot that's marked -- cannot extend there. And then we have an overall cap for this whole acreage. So 33-and-a-half acres. We have a 356,000-square-foot cumulative cap for all uses. And then the only footnote to that is that either/or tract with the 75. But the cap on the industrial site is 150,000 square feet. So it's been 3-and-a-half acres of actual area that can be -- that can include any form of any of these uses. The intent, I think, is not to -- is not to do all of the uses but, rather, to choose, and we tried to whittle those down as much as possible so that there's some flexibility but that at the end of the day there will be certain uses that we'll choose based on market demand, et cetera. COMMISSIONER SCHMITT: Okay. I heard everything you said, but I didn't hear a storage limit on the storage area other than the square footage. MR. DAVIES: That is the limit. So inside the 150- on Tract I and limited to 150,000 square feet of floor area. COMMISSIONER SCHMITT: And then we're talking five -ton dumps coming in and dumping concrete debris that's picked up from a construction site for crushing? Is that what we're -- MR. DAVIES: Potentially, yeah. It all has to be limited to that -- into that area. COMMISSIONER SCHMITT: Okay. How about -- could you go further on the other use? It says, refuse systems limited to operations of dumps, garbage collection, garbage destroying and processing, operations of sanitary landfills, rubbish collection and disposal, and sludge disposal sites. I'm very familiar with many of these. Many of them I experienced while operating overseas. MR. DAVIES: Yes, sir. COMMISSIONER SCHMITT: So I could tell you that a lot of these are pretty intense. And sludge disposal is pretty intense. MR. DAVIES: Yes. So -- and based on our conversation, we did -- I did have the opportunity to speak with the client team. On this use, 4953, which, as you pointed out, includes the sludge treatment, the incinerator landfill, we don't have any intent to do that. We're happy to eliminate that 4953 use. Page 13 of 46 Packet Pg. 17 January 1, 2024 5.A.a COMMISSIONER SCHMITT: Yeah. I would prefer, unless you're just talking about sanitation suck trucks, storage; that type of thing I don't mind. But if you're talking about an intense use of storage of sludge, disposal of sludge, or rubbish -- MR. DAVIES: We're not going to do that, and we're going to eliminate that. COMMISSIONER SCHMITT: We have other places in the county we can do that. MR. DAVIES: Understood. COMMISSIONER SCHMITT: So you're going to eliminate that? MR. DAVIES: Yes, sir. COMMISSIONER SCHMITT: Okay. Thank you. That's all I have. CHAIRMAN FRYER: Thank you. Any other comments? COMMISSIONER SCHMITT: I know you'll want to follow up. COMMISSIONER SHEA: No, actually, you took all the words out of my mouth. But I wanted to ask the county, in terms of noise and dust, are there any other codes that would govern? I mean, it's -- that's a key problem with these crushing operations; they do generate a lot of dust and a lot of noise. But is there any noise limits? Any -- I mean, because right now he's going to say it's 150 feet. That still could be obnoxious to the neighbors. MR. BOSI: We have pre-set noise -- we have a noise ordinance that will limit the amount of noise that can be generated on site -- COMMISSIONER SHEA: Noise at the boundary? MR. BOSI: Yeah, at the -- at the boundary of the individual who would be making a complaint, at their -- at the boundary of their property line is where the noise readings would be taken, and there's specific levels that they cannot exceed. COMMISSIONER SHEA: So what about dust? Because it is very dusty. It's like dust on roads; you water them constantly during construction. What do you do with an operation that constantly generates dust? MR. BOSI: It's a requirement of the -- it's a requirement of the Florida Department of Environmental Protection that they provide watering to eliminate, you know, the dust that's associated with them. COMMISSIONER SHEA: And who enforces that; the county? MR. BOSI: That would -- that would be FDEP staff. COMMISSIONER SHEA: Okay. COMMISSIONER SCHMITT: You know, to be pretty frank, if I was going to go out there today and do a debris cleanup operation and set up an air -curtain operation, that requirement mandates that I have to set up an EPA air -monitoring station, all the other things that are required of that, and that's probably an air -curtain operation. For those who don't understand, that's basically a burn pit with a blower. It's probably less intrusive than the rock crushing. So I just -- I mean -- I can't mandate that they set up some kind of an air -quality standard, because we don't have those criteria in the county. Jaime, do we have those? I'm going to ask Jaime to come up. I can't recall. I don't think we have a code air -quality issue. I'm just trying to preclude this chaos that we've had on Davis -- off of Davis. MS. COOK: Okay. So Jaime Cook, your director of development review. I have PTSD from the one on Davis, and it is concluded. Page 14 of 46 Packet Pg. 18 January 1, 2024 5.A.a COMMISSIONER SCHMITT: It is? MS. COOK: The crushing is done. The equipment's gone. We're done. COMMISSIONER SCHMITT: My goodness. MS. COOK: But to answer your question, Commissioner, no, there are no air -quality standards in our codes. If we do receive complaints about dust and particulate matter in the air, we do reach out to DEP. They would then send their inspectors down to complete an investigation. COMMISSIONER SCHMITT: Yeah. So it's deferred to DEP. MS. COOK: Correct. COMMISSIONER SCHMITT: Florida Department of Environmental Protection. MS. ASHTON-CICKO: Well, I don't see why you can't include a condition if you wanted to. You're looking at compatibility. And if you need something to find compatibility, then you can suggest something reasonable. COMMISSIONER SHEA: I'd like to add something to that. COMMISSIONER SCHMITT: Yeah. I mean, I could -- COMMISSIONER SHEA: Maintain reasonable dust control. COMMISSIONER SCHMITT: Yeah. I mean, there are systems you can set up to do air monitoring and air -- but I -- I'm trying to figure out -- COMMISSIONER SHEA: A standard. COMMISSIONER SCHMITT: -- a standpoint -- not the standard, but who's going to implement it and who's going to make sure they're doing it? MS. ASHTON-CICKO: It would be a code enforcement issue if they don't do it, if you establish a requirement. CHAIRMAN FRYER: Anything further? COMMISSIONER SCHMITT: No, not right now. I'll wait. COMMISSIONER SHEA: Well, I think we should implement something that addresses it, even if it's not a number, like, reasonable dust control. CHAIRMAN FRYER: Mr. Davies, you might be better off if your client comes up with something than if we do. COMMISSIONER SHEA: Yeah. Well, some of those crushers can come with inherent -- COMMISSIONER SCHMITT: Yes. COMMISSIONER SHEA: -- spray so that -- not knowing what the crusher has, you could have some built-in dust control in the system. I don't know. MR. DAVIES: I mean, my client's telling me that the crusher does. I mean, a couple comments based on this discussion. I mean, we're happy to reduce the impacts of dust and noise best as possible. I recognize that both of those are -- there are impacts to that. I want to point out a couple things. I mean, first of all, I understand the PTSD, as Jaime put it, that the county has based on that site, but with all due respect, we shouldn't get lumped in with another bad actor. I understand that there were a number of code violations that they had. I know that that was very difficult for the county. We plan to comply with all the codes. And as I mentioned in my remarks, we are about a fifth of the size of that property. It's limited. We have the 10-foot- concrete wall, which we worked very hard on the neighbors. It's going to be very expensive to do that full linear footage of that. I think that that's a significant barrier. Page 15 of 46 Packet Pg. 19 January 1, 2024 5.A.a With respect to other regulatory authorities, we will, of course, comply with FDEP, go through whatever permitting is required of them, and go through whatever, you know, compliance requirements that they have with respect to both dust and noise. I don't know that my client has a particular objection to giving you comfort that we're going to comply with dust impacts the best we can. I don't know what that is. I mean, I don't know -- I don't -- I would caution, respectfully, you from trying to add regulations on the fly, but it's not because my client doesn't want to comply. My client just wants to have clear regulations with which he will comply or which they will comply. And we'll comply with the noise ordinances. We'll comply with -- I mean, we've gone above and beyond with this concrete wall, with the spacing. All of this has been worked through with staff to get where we are today such that this is very limited and very different from what happened on Davis, which included violations of the code and not -- and that's not our intent, certainly. COMMISSIONER SHEA: But they didn't violate the dust code because, as you said, there is no dust code. MR. DAVIES: Well, then, I would respectfully ask that you request the county's ordinances be amended to add some sort of dust code. I mean, there are provisions from other agencies. FDEP was mentioned that helps limit how these machines work, operate and the permitting for that. I mean, I'm not an expert on DEP permitting, and this is not the forum for that, but I can assure you that we will be compliant with any authority that has jurisdiction over the property. COMMISSIONER SHEA: Question for Mike: What does the county do with dust control on construction roads and activities? Do you have -- I mean, do you have zero dust required -- you have a code for it. Why couldn't that code apply to this generation? MR. BOSI: You're talking about? COMMISSIONER SHEA: Well, if somebody's got a construction site or like the quarry up there, when you drive down the road, it's like a dust storm hitting. But there is a code that says that you have to maintain -- keep the dust down, right? And you -- that the county enforces, no? MS. COOK: Correct, yeah. Again, Jaime Cook, for the record. So on any construction sites, dust has to be controlled on the site. Typically it's through watering trucks or irrigation. And to go back to the Taormina property, one of the requirements we had while they were finishing that crushing was that they had to have that crusher run -- they had to have a watering truck on site with water running the entire time that that crusher was running. And, typically, they left it on for a couple hours after the crushing activities were completed to help ensure that any dust did stay on the site. COMMISSIONER SHEA: That sounds like a good idea. Why wouldn't we want to do something like that here? I mean, regardless of all the other code things, it's still the same process. It's still going to generate the same -- when you crush concrete, you get dust. MS. COOK: And, you know, that was -- that was staff s recommendation back then when we worked with the County Attorney's Office to get that site cleaned up. I don't know if Noel would like to speak to his client about some sort of condition that they could -- that they would like, but that's what we had done on that property. CHAIRMAN FRYER: Let me say this: We, on the Planning Commission, are Page 16 of 46 Packet Pg. 20 January 1, 2024 5.A.a very fortunate to have two engineers who are experts in environmental matters, and I take quite seriously when they speak with the level of clarity and specificity that they have this morning. And I'm not at all comfortable just passing this on without doing something. And, I mean, there are a number of approaches that we can take. We could try to craft something -- and the expression "on the fly" maybe doesn't do full service to a creative process that when smart people get their heads together, they can come up with good language. But we could do that. We could also -- I would entertain a motion at the proper time to continue this matter if Mr. Davies and his client want more time to think about what they're willing to do and propose something, because I'd prefer that we react to something that they propose. But if they don't propose anything, we can always craft something ourselves. Vice Chairman. COMMISSIONER SCHMITT: Yeah. I'm just doing a cursory look through the web here, and there are a lot of handheld dust monitoring and particle monitoring systems. I mean, I'm going through it right now and looking at them. The issue here is we could impose that upon the applicant, but somehow they're going to have to submit a report to the county, that they would submit some kind of a weekly or monthly report, or do I say the neighbor down the street. That's where the complaints are going to come from. And I just -- I just want to make sure we have something in place that -- where we are actively or proactively monitoring the dust particles that are going to be in the air. The prevailing winds -- quite honestly, in that area of the county, the prevailing winds are primarily from east to west, so most of the dust is going to blow towards the batch plant. Typically, prevailing winds in that area. I know because I play golf out that way at Fiddler's Creek, and I know which way the wind blows most of the time. But somehow, Jaime -- would your staff be the ones that -- I know engineering -- we used to send engineering staff out to do site monitoring. MS. COOK: We do. Also, PUD monitoring is within the development review purview. So any commitments within the PUD are tracked by our team and measured, and we do have several PUDs that do have commitments to submit monthly reports to us, and we keep track of those, keep them on file in the system in case there are ever any questions or concerns or potential code enforcement issues. MS. ASHTON-CICKO: If you want to make it less onerous, you could have the reporting requirement triggered if the county receives a complaint over the dust. COMMISSIONER SCHMITT: That was what I was thinking. MS. ASHTON-CICKO: Yeah. COMMISSIONER SCHMITT: If there are dust complaints, that we would then require the applicant to implement some kind of monitoring system. I also -- COMMISSIONER SHEA: You still need a standard. COMMISSIONER KLUCIK: Well, not just monitoring, but also mitigation. COMMISSIONER SCHMITT: Yeah. The mitigation is going to be through the watering system. But I also want to make sure -- just like we do for mining operations, we -- engineering staff typically sends out one of our inspectors to monitor periodically what's going on. MS. COOK: Correct. COMMISSIONER SCHMITT: I mean, I could name the names of the guys that Page 17 of 46 Packet Pg. 21 January 1, 2024 5.A.a used to do it. But this would be a site that I think that periodically our engineering staff should go out and make sure that they're in compliance, just like they do if they were going to do blasting on site. We -- and, in fact, when we do blasting, the applicant is required to notify the neighboring properties. MR. DAVIES: May I make a suggestion? COMMISSIONER SCHMITT: Yes. MR. DAVIES: So in speaking with my client, I mean, we certainly appreciate the feedback. We want to find a way to make you comfortable with the appropriate mitigation efforts for this specific use at the north end. Rather than trying to create regulations on the fly -- COMMISSIONER SCHMITT: Right. MR. DAVIES: -- my suggestion would be that between now and the BCC hearing we work with Jaime and her staff, we work with county staff on some sort of condition that is -- you know, that requires something more than what there is today. I can't -- we don't know what the standard is. Like we said, we don't know what the conditions are going to be, but something that staff is comfortable with and something that my client is comfortable with and -- CHAIRMAN FRYER: Well, I'm going to interrupt you, sir. That's not the way I like to operate, and I don't believe the other members of the Planning Commission. We don't just pass this on to the Board of County Commissioners and hope for the best. From my point of view -- and I want to hear what staff has to say and see if there are any members of the public. But I am leaning very heavily toward coming up with language either on the fly or by way of a continuance, because we're not going to lose jurisdiction of this until we get something satisfactorily worked out; at least that's my point of view. So why don't you wrap it up, and then I want to hear from staff. MR. DAVIES: We've completed our presentation, Mr. Chairman. CHAIRMAN FRYER: Thank you. Staff? MR. BOSI: Thank you, Chair. Mike Bosi, Zoning Director. Parker Klopf provided the Comp Plan review, and he has a short statement he wanted to make related to compliance. CHAIRMAN FRYER: Okay. MR. KLOPF: Good morning, Commissioners. Again, Parker Klopf, Planner III with the Comprehensive Planning department. In doing my review, there is an industrial needs and analysis report provided for this site. Overall, this site is surrounded by the Rural Fringe Mixed -use Receiving District which, as we've discussed already, is an area that is scripted for residential development in the future. The addition of this commercial and industrial space to that area would provide the access to those needs and goods and services for those residents or future residents of those areas. For that reason, and for the reasons highlighted also in my staff report, from a Comprehensive Planning staff review, this is an acceptable project. We support it, granted that we need to work out these issues that you guys are bringing up today regarding crushing and the noise and whatnot. In regards to that, I don't have anything else. CHAIRMAN FRYER: All right. Mr. Bosi, were you going to say something? MR. BOSI: Yeah. And we also -- Eric Ortman provided the zoning compatibility Page 18 of 46 Packet Pg. 22 January 1, 2024 5.A.a review as the project manager, and we would be ready to endorse whatever additional impositions related to the air particulates, the watering requirement -- monitoring requirement the Planning Commission would feel comfortable with. So whatever -- whatever the discretion or choice of the Planning Commission is, staff is willing to -- you know, is ready to support it because we understand that this can be an issue with the adjoining neighbors. And if we don't -- if we're not proactive about it, we will find ourselves in a situation that's rather -- you know, not -- not favorable in terms of good planning. CHAIRMAN FRYER: Secretary Shea. COMMISSIONER SHEA: Just to get out of this, could I suggest that we incorporate a statement that the applicant will incorporate state-of-the-art dust control systems and operate them in order to eliminate visible dust leaving the property? COMMISSIONER SCHMITT: I would agree. My statement was going to be more in line with what Heidi -- if there are complaints that are filed based on air quality, then the stipulation is that the applicant must implement a system. COMMISSIONER SHEA: Yeah. I would say that he should implement it and operate it regardless of whether there -- COMMISSIONER SCHMITT: Okay. COMMISSIONER SHEA: Because by then it's always too late. COMMISSIONER SCHMITT: Yeah. I'm fine. CHAIRMAN FRYER: Okay. Well, I have a few other questions for staff. And I appreciate the application's willingness to remove some of the uses mentioned, like sludge disposal and the golf course, so thank you for doing that. My first question, though, has to do with the hours of operation. Both of our planning commissioners who are engineers have suggested 7 a.m. to 6 p.m., which sounds quite reasonable to me. Does staff object to that, or what position does staff take on that? MR. BOSI: Staff understands the requirement. Commissioner Schmitt had asked about what was imposed by this Planning Commission on the Basik Drive PUD that was -- a couple months ago came before the Planning Commission. And it did have a component. It said, "Maintenance of vehicles or flushing of boat motors shall be prohibited between the hours of 9 p.m. and 8 a.m." So the staff is comfortable with, you know, the imposition of a limitation in terms of these activities that we know create noise and could -- we wouldn't want -- we would want to have a limitation upon how far they can go. So wherever staff -- or staff would be supportive of whatever the Planning Commission feels is appropriate related to the type of activities that is being proposed. CHAIRMAN FRYER: Okay. Thank you. Vice Chairman. COMMISSIONER SCHMITT: I'm fine with the hours as suggested by the applicant. My only limitation would be for the rock crushing between 7 a.m. to 6 p.m. That's it. Because I'm thinking a welder or somebody else, there might be work being done to 8 a.m. [sic], but those are not significant impacts, you know -- or trucks coming back from jobsites and pulling in at 7 p.m. Those type of things, those are -- those are not intrusive. The real issue here is the rock crushing. CHAIRMAN FRYER: Thank you. Mr. Davies, would you come back to the mic, please, sir. Page 19 of 46 Packet Pg. 23 January 1, 2024 5.A.a MR. DAVIES: Yes, sir. CHAIRMAN FRYER: So what is your client's point of view with respect to 7 a.m. to 6 p.m. for rock crushing? MR. DAVIES: So we were just speaking about it. I think we can limit it from 7 a.m. to 7 p.m., but not 7 a.m. to 6 p.m. COMMISSIONER SHEA: You're right in cocktail hour. CHAIRMAN FRYER: Planning Commission, what do you think about that? COMMISSIONER SCHMITT: I still stay with 6 p.m. COMMISSIONER KLUCIK: Yeah. I think -- I think you have a tiny corner that you can currently do your rock crushing on if you don't want to have the restrictions, and if you want a much larger area that's four times the size, which is what you're asking for, then it's looks like to me it's going to be 7 to 6. CHAIRMAN FRYER: All right. And then what is your client's position with respect to the dust control? MR. DAVIES: I'm not sure where we're at with that. I'm not sure what's on the table as to the proposed condition. COMMISSIONER SHEA: I think it has to do with the technology that comes with the equipment. MS. ASHTON-CICKO: Paul, I've modified your language. I do have some proposed language if you'd like to consider it. CHAIRMAN FRYER: Oh, good. Could we hear it or see it? MS. ASHTON-CICKO: Yeah, I'll read it right now. Owner will implement dust control -- and this is just going to be related to the rock crushing -- including water spray systems and dust collection systems such as bag houses or comparable state-of-the-art dust control to eliminate dust from leaving this -- the PUD property. CHAIRMAN FRYER: And your position on that, sir? COMMISSIONER SHEA: I don't think the bag house applies to this. I don't think you could physically put that together and it's -- MS. ASHTON-CICKO: So take that out? COMMISSIONER SHEA: Yeah. I would take -- it's water control. COMMISSIONER SCHMITT: Just water control. COMMISSIONER KLUCIK: And I think elimination is sort of a bit extreme. think mitigation, and then, of course, the question is what's the standard. COMMISSIONER SHEA: Yeah. That's why -- COMMISSIONER KLUCIK: I think -- I think we can dream about the perfect situation, but then we have to have -- you know, this is regulation, and so it needs to be plausible and meaningful and enforceable, and we need to make it so that the -- you know, you can comply with it and that you can measure whether you're in compliance. You know, we have to be fair. And it is hard to do on the fly, but in this case we either do it on the fly, or I think you're going to -- you know, you're getting resistance here if we don't do it on the fly. And I think, you know, Mr. Chairman, you have a nice technique where we break and then make sure that, you know, somebody does something to give us something that makes sense. I mean, our attorney has given us something, but even that we see needs some tweaking and maybe could -- you know, the input from the applicant working with our Page 20 of 46 Packet Pg. 24 January 1, 2024 5.A.a attorney could work. CHAIRMAN FRYER: That's very close to what I was going to suggest. Thank you, Commissioner. COMMISSIONER KLUCIK: You've taught me well. CHAIRMAN FRYER: Would the County Attorney be willing to have a conversation with the applicant and see if we can come to closure -- MS. ASHTON-CICKO: Absolutely. CHAIRMAN FRYER: -- on this? And if we -- that would be good. And so it's one minute after 10. Let's -- is 10 minutes enough for this kind of a conversation? MR. DAVIES: Yes. MS. ASHTON-CICKO: Uh-huh. CHAIRMAN FRYER: All right. Let's take a break until -- well, until 10:11. We're in recess for the purpose of the applicant and the County Attorney to see if they can come together on language, and also, applicant, during that time, please ask your client to reconsider on the operating hours for rock crushing. We stand in recess until I I minutes after 10. MR. DAVIES: Thank you, Mr. Chair. (A brief recess was had from 10:01 a.m. to 10:14 a.m.) CHAIRMAN FRYER: Is the applicant ready? MR. DAVIES: Yes, sir. MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. We're back in session. We had asked the County Attorney and the applicant's representative to meet together and see what they could come up with, and we'd like a report from either the County Attorney or applicant or both. MS. ASHTON-CICKO: All right. So we did agree on some proposed language. It would state, "Owner will implement dust control for concrete crushing, SIC Code 3272, including water stray systems or comparable state-of-the-art dust control to meet FDEP acceptable air -quality standards on adjacent property." CHAIRMAN FRYER: Mr. Davies? MR. DAVIES: That's agreeable. CHAIRMAN FRYER: Okay. Thank you. I want to -- where did Joe go? I wanted to hear from our experts up here. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes. COMMISSIONER KLUCIK: Okay. And I guess to our attorney, so let's say -- that's what says is required, and let's say -- how do we know whether that's happening, how is that enforced, and then what happens if it's being violated? MS. ASHTON-CICKO: In getting some feedback from Mr. French, if the county were to receive a complaint, they would coordinate with FDEP. COMMISSIONER KLUCIK: To do a measurement and then -- MS. ASHTON-CICKO: Yeah. COMMISSIONER KLUCIK: And then you're just -- it's whatever the code enforcement already is -- MS. ASHTON-CICKO: Correct. COMMISSIONER KLUCIK: -- for that particular rule? Page 21 of 46 Packet Pg. 25 January 1, 2024 5.A.a COMMISSIONER SHEA: But we know there is an FDEP standard? I mean, did we just make up -- MS. ASHTON-CICKO: Jaime Cook -- COMMISSIONER SHEA: -- an acronym, and there is a standard or isn't? CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: The only other concern about is -- well -- Heidi, is the property to the west, which is the -- probably the biggest violator because it's the batch plant. I know they have a bag system and other types of things. So I've got to be careful that this applicant doesn't assume responsibility for what's ever being created by the plant next door. So I don't know how we delineate between the violator, I guess, is the word I want to use. MS. ASHTON-CICKO: I can -- we can maybe work with Noel to exclude dust that's, you know, emitted from that. But I don't know how you would distinguish that. Jaime, did you want to comment? MS. COOK: So, Commissioner, FDEP's standard -- we discussed with them back when Taormina was restarting their rock crushing, and it's -- it's typically what -- they consider the standard to be as long as it is -- the dust does not make the air more than 80 percent opaque -- COMMISSIONER SHEA: Wow. MS. COOK: -- then it is within their -- COMMISSIONER SCHMITT: That's a fog. MS. COOK: -- then it is within their code requirement. They do have some monitoring techniques, but it can be very subjective. CHAIRMAN FRYER: All right. Well, one thing that I've heard that we need to address is we don't want to make this applicant responsible for dust that originates elsewhere. So let's insert the concept of dust originating at the applicant's site into the language. MS. ASHTON-CICKO: Yeah. I mean, another option would just say that owner will use dust control for concrete rock crushing, including water, spray systems, or comparable state-of-the-art dust control, and just leave it at they have to do it, and then if there's an issue with air quality, I guess, we bring in DER But at least you're making sure that they do something. That's one option. CHAIRMAN FRYER: Engineers up here, what do you think? COMMISSIONER SCHMITT: Yeah, that's fine. COMMISSIONER SHEA: I'm okay with that. COMMISSIONER SCHMITT: I know some of these newer plants, they already have built-in sprayers. They already have built-in air curtain systems that draw the dust particles back into some kind of a vacuum system or whatever, so, again, it depends on what Keith puts out there on site. I don't even know if he's purchased anything yet. So that's the key. And today's systems are pretty, I guess, sophisticated is the word I'm looking for. Yeah. CHAIRMAN FRYER: Okay. It sounds like the two of you -- COMMISSIONER SCHMITT: Yep. CHAIRMAN FRYER: -- are agreeable with that. All right. Anything further from the County Attorney? MR. DAVIES: Mr. Chair, the applicant has no objection to that revised language Page 22 of 46 Packet Pg. 26 January 1, 2024 5.A.a that's on the table. CHAIRMAN FRYER: Ali, thank you, Mr. Davies. MR. BOSI: And, Chair, nothing further from the county. CHAIRMAN FRYER: All right. Okay. So at that point we'd want to find out if there are members of the public who have registered to speak on this matter. Ms. Padron? Mr. Sabo? MR. SABO: Mr. Chairman, we have no registered speakers for this item. CHAIRMAN FRYER: Okay. Is there anyone who is in the room who has not registered to speak but wishes to be heard at this time on this matter, please raise your hand. (No response.) CHAIRMAN FRYER: Seeing none, we will close the public comment portion of this hearing and take the matter -- oh, I need to also ask Mr. Davies, did you speak with your client about hours of operation on the crushing? COMMISSIONER SCHMITT: Could I make a clarification on the crushing? CHAIRMAN FRYER: Yes. COMMISSIONER SCHMITT: Six p.m. is what we stated, and that's when the machine shuts down. If there were workers staying afterwards doing whatever they have to do, maintenance, other things that have to be done, I have no problem with that, but the machine shuts down at 6. CHAIRMAN FRYER: Actual rock crushing? COMMISSIONER SCHMITT: Actual rock crushing. CHAIRMAN FRYER: Thank you. Thank you for that. Mr. Davies? MR. DAVIES: I want to restate it. So from 7 a.m. to 6 p.m. COMMISSIONER SCHMITT: That's correct. MR. DAVIES: Outside of those hours, the crushing machine cannot operate. COMMISSIONER SCHMITT: Correct. MR. DAVIES: But if there's cleanup activities or ancillary activities -- but I think your concern relates to -- COMMISSIONER SHEA: Yes. MR. DAVIES: -- noise impacts or potential noise impacts from the operation of the machine? COMMISSIONER SCHMITT: Let me clarify, Noel, because it's -- you may have to operate the belt system and other things if you're performing maintenance. I'm just talking about the actual crushing. MR. DAVIES: There's no objection to that at those hours. COMMISSIONER SCHMITT: So if after 6, you know, you've got an oiler, whatever, they're doing maintenance, changing rollers, whatever they're doing, and the machine operates, it's not -- it's not the noise being created from the actual crushing. So the actual crushing is limited between 7 a.m. to 6 p.m. MR. DAVIES: Appreciate that clarification, Commissioner, and we can agree to that. CHAIRMAN FRYER: Thank you very much. All right. This is the kind of outcome that I personally like to see. Thank you to the applicant, the County Attorney, County Attorney staff, and our experts on the Planning Page 23 of 46 Packet Pg. 27 January 1, 2024 5.A.a Commission for reaching what I think is a very good solution. So with that, I'd entertain a motion at this time. COMMISSIONER KLUCIK: I'd like to make that motion to pass it with those changes that we just discussed regarding 7 a.m. to 6 p.m. and the dust mitigation that was -- COMMISSIONER SCHMITT: I also would like to add, if I could, to your -- to your recommendation the removal of the golf course as agreed to by the petitioner, that 7992 SIC code, and the removal of refuse systems as indicated, 4953. COMMISSIONER KLUCIK: Yes, those would also be included in my motion. CHAIRMAN FRYER: Does that latter capture sludge? COMMISSIONER SCHMITT: Yes. CHAIRMAN FRYER: Okay. Good. So let's see. You made the motion? COMMISSIONER KLUCIK: That is my motion with what Joe just said added, included. COMMISSIONER SCHMITT: I second the motion. CHAIRMAN FRYER: Thank you. So it's been moved and seconded to approve the application subject to the following changes which have been agreed to by the county and by applicant. Number 1, actual rock crushing will be limited to the hours of 7 a.m. to 6 p.m.; second, Ms. Ashton's language on dust control will be adopted; third, the Vice Chair -- COMMISSIONER KLUCIK: With the specificity that it's only dust that's created on that site. COMMISSIONER SHEA: I think that's in the words. COMMISSIONER SCHMITT: That's in her language. COMMISSIONER SHEA: She should have added it. CHAIRMAN FRYER: Was it? COMMISSIONER SCHMITT: It's implied. COMMISSIONER SHEA: You asked her to add it. MS. ASHTON-CICKO: I'll read back the language, because it doesn't talk about the -- COMMISSIONER SCHMITT: Your microphone. MS. ASHTON-CICKO: I'm sorry. It says, "Owner will use dust control for rock crushing, SIC code 3272, including water spray systems or comparable state-of-the-art control." CHAIRMAN FRYER: How about changing "dust control" to "control of dust originating at the site"? MS. ASHTON-CICKO: Well, we can do that, certainly, if you'd like to, but the county -- COMMISSIONER KLUCIK: I think what you --I think the language you just gave makes them only responsible for their own activities; right there, just what you said. MS. ASHTON-CICKO: Well, correct, because they'll be implementing -- they'll be using a sprayer or something like that on site. It doesn't address whether dust crosses, you know, onto adjacent properties. CHAIRMAN FRYER: So is everybody okay with this? COMMISSIONER SCHMITT: Yes. CHAIRMAN FRYER: And then the other conditions that have been agreed to by Page 24 of 46 Packet Pg. 28 January 1, 2024 5.A.a all are the disposal, and also the golf course use will be eliminated. All right. Any further discussion before we take a vote on that motion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, one and all. MR. DAVIES: Thank you, Chair. Thank you, Commissioners. COMMISSIONER SCHMITT: Thank you, Noel. COMMISSIONER KLUCIK: Beat Navy. COMMISSIONER SCHMITT: Noel, thank you. CHAIRMAN FRYER: We are going to continue right into the next matter, which I shall call in a moment. ***All right. The second matter coming before us today is PL20220004304. This is the Genesis CPUDR. It's a rezone and CPUDZ. It's both. It's also part of a -- it's partly a rezone of the existing CPUD, and it's adding Estates property to the PUD. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you very much. Disclosures from the Planning Commission starting with Ms. Lockhart. MS. LOCKHART: Staff materials only. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Matters of public record, meetings with staff, communications with the applicant's agent. COMMISSIONER SCHMITT: I had a phone conversation with Mr. Yovanovich who represents the applicant. COMMISSIONER KLUCIK: Nothing to disclose. COMMISSION SCHUMACHER: Staff materials and a conversation with Mr. Yovanovich. CHAIRMAN FRYER: Thank you. You may proceed, Mr. Yovanovich. MR. YOVANOVICH: Thank you. Good morning. For the record, Rich Yovanovich on behalf of the applicant, which is Genesis Naples, LLC. With me today from Peninsula Engineering is Jessica Harrelson, who's the planner on the project, and Josh Fruth, who's the engineer on the project. COMMISSIONER SCHMITT: Rich, can you pull the microphone down there? Page 25 of 46 Packet Pg. 29 January 1, 2024 5.A.a MR. YOVANOVICH: Sorry. Is that better? COMMISSIONER SCHMITT: Noel is a little bit taller than you. MR. YOVANOVICH: A little bit, and a little younger. Do I need to repeat what I already said? COMMISSIONER SCHMITT: I heard it. MR. YOVANOVICH: Okay. And then pinch hitting for Norm Trebilcock is Gavin Jones from Trebilcock Consulting Solutions to address transportation comments if you have any. As usual, I'll do a brief overview of the project, where we are. Mr. Chairman, I'll hit the access issue that we -- you wanted to discuss, and then I'll have Jessica take you through the specifics of the PUD and the master plan. With that, the request is to rezone the subject property from the Clesen PUD and Estates lands or zoned lands to the Genesis Commercial Planned Unit Development. It will allow for a maximum of 65,000 square feet of new and used -car dealerships and/or other commercial uses to occur on the property. The property is 10.51 acres. It's located basically at the intersection of I-75 and Pine Ridge Road, and it's within the Interchange Activity Center No. 10. As the Commission knows, activity centers is where commercial activity is to go. It allows the full range of C-1 to C-5 in activity centers. And the uses that we're requesting are consistent with the Growth Management Plan as your staff has confirmed in their memo. The location of this property is kind of a -- I don't know if unique's the right word, but it has transportation -related constraints, so there has to be cooperation with basically all of the properties that I'm showing you on this screen. Kramer Drive is part of the Angileri PUD. That's where RaceTrac and some storage is, and you can see Kramer Drive is behind the RaceTrac, and then you have a conditional use, which I'll briefly go over in a minute. You have the Pine Ridge Corners PUD, and then you have our request. Because of the location of the I-75 offramp here, there's a limited access area that basically runs along Pine Ridge Road. So if you -- so a connection to Pine Ridge Road is not a possibility directly from this PUD. You will note that the Clesen PUD prohibited access to Pine Ridge unless we were able to modify the length of that limited access area, which is not possible. CHAIRMAN FRYER: Say that again, please. MR. YOVANOVICH: The Clesen PUD originally provided that we couldn't have access onto Pine Ridge Road unless we were able to convince the federal government to reduce its limited access prohibitions along Pine Ridge Road related to this offramp for I-75. The federal government's not moving, so that area is not eligible to directly connect to Pine Ridge Road. Also, the county has taken the position for the existing PUDs, and I'm sure would have taken the position had we just come in for this property, that there will would be no connection to Livingston Wood Lane for any of the properties that are coming in to develop in this activity center, and that has found its way into basically all of the existing PUDs that have been approved in this area. So what that has actually required is, essentially, the cooperation of the owners of -- within the Angileri PUD, to allow what is an approved conditional use on this piece of property, the Pine Ridge Corners PUD and the Clesen PUD and the properties all the way Page 26 of 46 Packet Pg. 30 January 1, 2024 5.A.a to I-75, to cooperate in basically creating a frontage road or reverse frontage road to connect all of these properties to get to Whippoorwill Lane, which runs north and south. So that's what we've done. That's what we're working on. There is a condition in your -- in our PUD that basically says we can't connect to Pine Ridge Road, and we've got to find our way to Kramer Drive, and Kramer Drive is going to remain a private road unless the county wants to take it over. You'll see that condition -- or you saw that condition in the PUD. We have been working with our neighbors to the west. Right now there is what's called bisecting easements that were created many, many years ago for Estate lots, and that would give us access across our neighbors' properties, ultimately, to connect to Kramer Drive, or we can do what is going to happen unless something unexpected occurs. There will be a frontage road that goes along Pine Ridge Road across our neighbors' property to the west, across the conditional -use property, and then ultimately connecting to Kramer Drive in this location where I would say we're very, very, very close to signing off on an agreement to have that occur. So it is anticipated that there will be a frontage road along Pine Ridge Road. COMMISSIONER KLUCIK: Mr. Chairman. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: The signing off, meaning the private parties? MR. YOVANOVICH: The private parties, yes. COMMISSIONER KLUCIK: Are almost at agreement? MR. YOVANOVICH: Yes. And it's obviously -- it's in our PUD that, you know, we have to reach some form of an agreement to get access to Kramer Drive. So that -- and there -- just to reiterate, there's absolutely no connection to any properties along this roadway within Livingston Woods. So the access -- that's how we got to those access conditions in the PUD. That's the history of how all of these properties have been required to basically interconnect to avoid a connection to Pine Ridge Road and prohibit any access through the Livingston Woods neighborhood. MS. ASHTON-CICKO: There is an issue, though, Rich, with the existing access. I mean, that's not really in place. That's questionable as to whether there's existing access, and that's why they're trying to work that out. MR. YOVANOVICH: Well, that's --just so you're aware, there's litigation occurring right now over -- over -- and I don't want to get too much into it because we basically have reached an agreement, so I don't want to go sideways on what the agreement is. There are bisecting easements here. MS. ASHTON-CICKO: That may or may not be in place. MR. YOVANOVICH: No. And if we don't have access, then we're going to have an issue with the county because we have to have access to our property, and the county can't prohibit us from having access. So I don't want to get sideways on this. CHAIRMAN FRYER: I'm not sure it's sideways, because it seems to me that it touches upon an issue of site control. MR. YOVANOVICH: Well, we have a prohibition right now from going onto Livingston Woods, and we have to either work it out to get across this property, or we have to litigate the issue. And if I can't get across the property, then I have a landlocked piece of property. So I don't want to get into the litigation. Page 27 of 46 Packet Pg. 31 January 1, 2024 5.A.a COMMISSIONER KLUCIK: So, ultimately, it seems the law is going to allow you to have access to your property? MR. YOVANOVICH: I don't want to get into any of that because we have had very productive conversations with our neighbors, and I don't want to start talking about litigation and how we're going to get access. The important thing is right now you adopt this PUD, I can't get into the neighborhood, all right, and that's the important thing about this whole condition. And I can't develop my property if I don't get access to Kramer. CHAIRMAN FRYER: Mr. Ashton, go ahead. MS. ASHTON-CICKO: Yeah. With the stipulations that are in the PUD in place, we are satisfied that prior to him getting an SDP, he will have access finalized to Kramer Drive. CHAIRMAN FRYER: Okay. MS. ASHTON-CICKO: But it's -- those documents are not currently in place. There's some question as to whether those existing easements exist. But county staff and our office was in favor of proceeding forward rather than trying to establish access on the Livingston Woods parcel, which would take you through a residential neighborhood. CHAIRMAN FRYER: All right. So it's prior to a Site Development Plan -- it's not prior to a CO. It's prior to a Site Development Plan. MS. ASHTON-CICKO: It's Site Development Plan, isn't it, Rich? MR. YOVANOVICH: Well, we're -- MR. PERRY: It's actually application for any form of any permit. So they can't do anything. It's any county permit. CHAIRMAN FRYER: Okay. So no construction, no plat -- MS. ASHTON-CICKO: SDP or plat. CHAIRMAN FRYER: -- no nothing? MR. PERRY: Nothing. No vegetation clearing. Nothing. CHAIRMAN FRYER: Okay. All right. That's what I needed to know. Thank you. MR. YOVANOVICH: The condition is on your screen under the transportation conditions. So with that I would say -- CHAIRMAN FRYER: Would you just direct my attention to it, maybe read it? Because I can't see the small print. MR. YOVANOVICH: It says, "Access to the Genesis CPUD is limited to and shall be provided by an access easement that connects the Genesis CPUD to and through Tract 61 of Golden Gate Estates, Unit No. 35, and Kramer Drive, the Kramer Drive extension easement. The Kramer Drive extension easement shall be for access to and from Kramer Drive, from, to, and through Tract 61, 76, 77, 92, 93, and 108 of Golden Gate Estates, Unit No. 35, its extension. "The Kramer Drive extension easement shall outline the responsibilities for construction and maintenance of Kramer Drive and its extension amongst all applicable parties." I'm not going to read the parenthetical." And be provided to Collier County before making application for any county permit, e.g., SDP, plat, and/or early work authorization." Those are the conditions. CHAIRMAN FRYER: Okay. Thank you. That clears it up for me. Thank you. MR. YOVANOVICH: Okay. So hopefully we've addressed, Mr. Chairman, your Page 28 of 46 Packet Pg. 32 January 1, 2024 5.A.a questions about access and how we got to where we are. With that, unless you have more questions of me, I'm going to turn it over to Jessica to take you through the specifics of the PUD master plan and, with that, then we'll open it up to any questions you may have regarding the project. CHAIRMAN FRYER: Thank you. Ms. Harrelson. MS. HARRELSON: Good morning. For the record, Jessica Harrelson, certified planner with Peninsula Engineering. I'll just walk you through some of the details of the PUD. What you see here is a depiction of the PUD master plan over an aerial. There are two development tracts and, again, together with a permitted maximum development of 65,000 square feet. Surrounding land uses include single-family residential to the north, developed commercial to the south beyond the Pine Ridge Road right-of-way and to the east beyond Interstate 75, and commercial zoning to the west. Tract A consists of 3.3 acres and is the selected location of the car dealership for the luxury carline Genesis. Due to the nature of typical operations of a car dealership, to demonstrate compatibility with adjacent residential uses, the conceptual locations of buildings and the vehicle -- vehicular loading and unloading areas are depicted, and we have also included several developer commitments to further address compatibility with this use. Those include using Dark Skies compliant lighting; bay doors on the car wash building will remain closed during wash cycles; repair and service areas will be enclosed; enhanced buffering will be provided; hours of operation have been limited; there will be no storage of gasoline or fuel tanks on site; no collision shop operations; no rooftop parking or display; no outdoor amplified sound or paging; and access, including test drives, is prohibited along Livingston Woods Lane. Tract B is 2.6 acres. Currently, we have no end -user confirmed for this tract. The PUD has been designed with the required preserve area to be positioned along the north which provides a significant buffer to those residential uses to the north. Perimeter landscape buffers include a 10-foot buffer along the west adjacent to Pine Ridge Corners PUD, 20-foot Type D buffers along the south and to the east adjacent to rights -of -way, and an enhanced 20-foot buffer along the north where adjacent to residential uses. This is a detail of that enhanced buffer. It will consist of a solid 8-foot wall to mitigate potential impacts on residential uses, and all plant material required within the buffer will be planted on the exterior side of the wall facing residential development. Proposed development standards are comparable with what was previously approved for the Clesen PUD and are compatible with surrounding land uses. These standards include a maximum zoned building height of 35 feet, and we have setbacks 82-and-a-half feet from the northern property line, 25 feet from the southern and eastern property lines, and 15 feet from the western property line. For permitted uses, Tract A, automotive vehicle dealers is the only use that is included. We wanted to be transparent with the public with that. And Tract B includes a range of commercial uses. Overall, in comparison with the Clesen PUD, hotels and motels have been removed Page 29 of 46 Packet Pg. 33 January 1, 2024 5.A.a and newly proposed uses include insurance services, advertising agencies, limited indoor amusement and recreation services, auto and home supply stores, and veterinary services. The PUD includes three deviations from signage requirements which are internal to the development to allow ease of way finding. These have no negative impacts on surrounding developments. The site has been designed to enhance and complement the surrounding neighborhood. This is a view of looking north of the Genesis dealership, and another, this is looking northwest -- or, I'm sorry, northeast. And to conclude, the site is within the Interchange Activity Center No. 10 which is intended to provide a concentrated commercial and mixed -use development. The request is consistent with the Growth Management Plan. The rezone complies with PUD and rezone findings outlined in Section 10 of the LDC and, as outlined in the staff report, staff has recommended approval. Thank you. CHAIRMAN FRYER: Thank you, Ms. Harrelson. Any questions or comments from the Planning Commission before we go on to the staff report? (No response.) CHAIRMAN FRYER: If not, we'll hear from whom; Mr. Bosi? MR. BOSI: Mike Bosi, Planning and Zoning director. And I can just summarize the staff s review of the petition. This is an interchange activity center designation within the Future Land Use Element, the most intense area that we have within the county in terms of the uses that we would expect. A car dealers- -- a new and used -car dealership would be an appropriate use, something that we would expect. With the additional buffering and restrictions that have been placed in the PUD, we think that it would provide for a harmonious sitting in relationship to the proximity to the Estates properties to the north. We are recommending approval of the petition and can answer any questions that you may have. CHAIRMAN FRYER: Thank you. Questions or comments from up here? (No response.) CHAIRMAN FRYER: If not -- COMMISSIONER KLUCIK: Mr. Chairman. CHAIRMAN FRYER: Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: Okay. So if you're looking at Kramer, you have Kramer north and south and then Kramer east and west. Where is this access path, you know, anticipated? MR. YOVANOVICH: It's going to be right here. COMMISSIONER KLUCIK: To the north of RaceTrac? MR. YOVANOVICH: No, it's going to be right here. COMMISSIONER KLUCIK: To the south of RaceTrac? MR. YOVANOVICH: Right across like this. And then it's going to be between RaceTrac and the -- okay. COMMISSIONER KLUCIK: Okay. So it's going to go to the north of RaceTrac, MR. YOVANOVICH: Yes, sir. It's going to be behind RaceTrac. Page 30 of 46 Packet Pg. 34 January 1, 2024 5.A.a COMMISSIONER KLUCIK: So it's going to hug -- it's going to hug Pine Ridge, and then as soon as you get to the RaceTrac, it's going to go north and then turn immediately? MR. YOVANOVICH: Then it's going to come back down. Kramer Drive exists today, so we'll connect to the existing Kramer Drive when it comes this way. COMMISSIONER KLUCIK: And that all boils down to those two other parcels; you're working with those owners? MR. YOVANOVICH: This is us. We also -- COMMISSIONER KLUCIK: Oh, you own that. MR. YOVANOVICH: So we know this can happen, and we worked with and are working with our neighbor right here, which is the Pine Ridge Corners PUD. COMMISSIONER KLUCIK: Okay. CHAIRMAN FRYER: All right. Commissioner Shea. COMMISSIONER SHEA: Quick question for Mike; more of an education. I'm not familiar -- haven't been here long enough to know the LDCs inside out. This is a great location for signage and advertising. I assume we have restrictions on what they can do with signage there? MR. BOSI: Oh, we have -- we're very restrictive in terms of how the signs, the height, the monument, and placement, number, square footage. All those things will be dictated within the sign code. And I don't -- there are no deviations related to the -- COMMISSIONER SCHMITT: Yeah, there are. He's asking for a sign deviation. CHAIRMAN FRYER: Ms. Harrelson? COMMISSIONER SCHMITT: Jessica mentioned. MS. HARRELSON: Yes. For the record, Jessica Harrelson. So there are three deviations in the PUD for signage requirements. They're internal to the development. The first will allow three wall signs on the sales and service building. Due to the front wall length less than 200 feet, only two are allowed per the LDC. So this will allow three. The second is to allow an additional wall sign on the car wash building, and then the third will allow an additional ground or pole sign for tract -- for both tracts. So right now if it's -- the site -- the PUD is developed under a unified SDP, only one pole or ground sign would be allowed per the LDC requirements. This would allow a second. COMMISSIONER SHEA: Okay. Thank you. CHAIRMAN FRYER: Thank you. All right. I think it's now time to go to the registered speakers. Mr. Sabo? Ms. Padron? MR. SABO: Mr. Chairman -- Mr. Chairman, we have five. The first one is Judith Bice, and -- CHAIRMAN FRYER: Thank you. And if you wouldn't mind spelling your last name for us, ma'am. MS. BICE: It's not Beche. It's Bice. B as in boy, i-c-e. CHAIRMAN FRYER: Got it. MS. BICE: Judith Bice. Thank you for letting me speak. I've been a homeowner on Bottlebrush Lane for 36 years, and -- which is two streets off of Pine Ridge. And I've seen a lot. I mean, the Page 31 of 46 Packet Pg. 35 January 1, 2024 5.A.a RaceTrac wasn't there. The Harley-Davidson that's no longer there wasn't there. There was no bank, no fire station. There really wasn't a lot of development. And, actually, at that point -- and here's a positive for having development there. I could actually hear -- because it was just flat land, I could hear across Pine Ridge Road at one time for -- I think it was a Circle K gas station that was -- I could hear "ready for fill -up on Pump 6," and it -- you know, we're -- I'm two streets away. So in that manner, the building has been buffering traffic. And I tell you, when the RaceTrac gas station went in, we were very upset that it was coming on that side of the road because everyone in that area is on well water, well and septic. And I know that gas stations have to have those tanks removed for leakage every so many years. So that concerned us. And, unfortunately, it was kind of slid in with the least amount of approval from anyone in that area. But one of the give -and -takes was everything along Livingston Woods Lane has a wall. Some are kept very well maintained and some need a little bit of work. But along -- it helps, it helps a lot. My biggest concern would have been any gasoline, oils that leak into the ground, noise, you know, at dealerships. And there is a very massive dealership at the corner of Pine Ridge Road and Livingston Road that has lights on that's unbelievable. It looks like a landing field for a plane, it's so bright. So I'm thinking, okay, a lot of these car dealerships, even the Nissan across the road from where they're wanting to build, has lights on at night. So even though I'm on, basically, the back side of where this would go in, there would be all of the lights, a lot of lights, I think, for a dealership. Noise, it was another factor. And my thought was, okay, if you're taking -- going across two private pieces of property to get to your property which is, unfortunately, basically landlocked, then those private properties are probably going to say, oh, we can develop, so we're going to be here one or two more times for these particular pieces of property when they sell. You know, because I mean, that is very, very valuable property on Pine Ridge Road, very valuable. So I'm just asking you -- you know, the one thing that -- when the Harley-Davidson development came in, we said, no, no, no, but they said, we'll put up a wall. They put up a wall. But guess what, they went around the back side of the wall, and I heard -- every single day, I heard huge mufflers on these major motorcycles going around my development. They were testing out their motorcycles, so -- CHAIRMAN FRYER: Ms. Bice, excuse me. You've reached your five-minute point. I don't want to cut you off, though, but can you tell me succinctly what your ask is this morning. MS. BICE: I want -- I want to be protected against noise and ground pollution, basically. CHAIRMAN FRYER: Okay. And you did hear that there's going to be no outside PA system? MS. BICE: Right, I did. I did. CHAIRMAN FRYER: Okay. All right. Well, thank you very much. MS. BICE: Thank you very much. Thank you. CHAIRMAN FRYER: Next speaker, please. MR. SABO: Mr. Chairman, next speaker is Douglas Lewis, or Doug Lewis, and then after that, A.J. Cross. Page 32 of 46 Packet Pg. 36 January 1, 2024 5.A.a CHAIRMAN FRYER: Mr. Lewis. MR. LEWIS: Good morning, Commissioners. For the record, my name is Doug Lewis. I'm a partner with the law firm of Thompson Lewis, and I'm a registered lobbyist. I'm here today representing Teryl H. Brzeski as the sole trustee of Land Trust No. 1 dated October 13th, 2000. The trustee holds sole legal title to Tract 77. And Tract 77, as you can see on your visualizer, it's located adjacent to the west of the tracts that are being considered for rezoning as part of this agenda item. So it's where those arrows are pointing into, that's Tract 77 outside of the blue area. By way of an email dated January 8th, 2004 [sic], sent by my office -- it's in your agenda backup packet, it's Item 9A5I -- we needed to document certain items in relation to this particular application to protect my client's legal position in pending litigation. It's Case No. 22-CA-2041. That email speaks for itself. We are in active litigation, and the content of settlement discussions are privileged and confidential, so we won't discuss those today. However, I can report that we are very hopeful that a settlement may be eminent, so I want to bring that to your attention. There are some items I need to get into the record as part of these discussions, particularly as part of this application. So the first is, as 77 is not a party to this application, we would ask that the applicant agree to modify its master plan which currently shows Tract 77 where -- if you can see on there, there's these two access points. That middle access point is the subject of litigation. So if we get that resolved, we would anticipate that we wouldn't have a master plan out there, you know, clouding everything up. So we'd like to get that. And if we agree to a frontage road, we would just show whatever we agree ultimately. We don't have that today, unfortunately, but we're close. But we just are asking that the applicant would agree to make sure that as part of any settlement, we would obviously agree to make sure that the master plan that gets approved is consistent with that. That's, I think, a fair ask. COMMISSIONER KLUCIK: The master plan is consistent with what? MR. LEWIS: Whatever deal we work out. And I don't anticipate -- I talked to Rich. I don't anticipate there's an issue, but I just wanted to make sure he's good with that, if we get it resolved. If we don't, obviously they maintain their position, and we would maintain our email position. CHAIRMAN FRYER: How would that be accomplished? MR. LEWIS: How would what be accomplished? CHAIRMAN FRYER: Amending the master plan after this passes through Planning Commission and the Board of County Commissioners. MR. YOVANOVICH: Mr. Chairman, we're going to resolve this before the Board. So we'll either remove the northern existing access if we reach a settlement, and if we don't, we're going to leave them both on the master plan, and we'll let the litigation move on. But we'll have this resolved before the BCC. So you'll either have both arrows, or you'll only have one arrow on the south. MR. LEWIS: Yeah. MR. YOVANOVICH: So that's where you're considering. MR. LEWIS: Yeah. Just to protect the record, if we don't get this resolved, then our objection per our email would stand, and we would have to bring those to the Board. Page 33 of 46 Packet Pg. 37 January 1, 2024 5.A.a The other thing I just wanted to just get in the record -- I don't think there's an issue. In fact, I've talked to the parties about this. But there aren't any directional arrows shown internally on 77 reflecting future curb cuts. We would understand that any roadway that would be constructed within or internal access within 77 would be subject to county permitting and review of the same but that we could tie into the road. Obviously, we'd want -- at 77, we'd want to utilize that road to get out to Pine Ridge. We also wanted to just confirm and get in the record that as part of the future permit to build a roadway, to the extent we get an agreement and that happens, we want to make sure that Tract 77 would not be required to file a PUD amendment. I want to get into the record some language from the existing PUD. Obviously, what's proposed here today, you know, is not -- we want to make sure that we're not going to be in a position that we have to, as part of any roadway construction, do that. So I wanted to read this morning a provision. It's in Section -- it's in 6.1 of the existing PUD, and just confirm our interpretation that there's going to be really no need to -- COMMISSIONER KLUCIK: In which existing PUD? MR. LEWIS: The Pine Ridge Corners PUD. That's my client's PUD. Hang on a second. Let me just grab the language here. COMMISSIONER KLUCIK: So -- Mr. Chairman, if I may. CHAIRMAN FRYER: Please. COMMISSIONER KLUCIK: Okay. So a new PUD is being proposed that doesn't affect your lot except as this access road? MR. YOVANOVICH: Access. COMMISSIONER KLUCIK: So your PUD isn't changing is my understanding. MR. LEWIS: Yeah, exactly. In 6.1, I wanted to make sure -- CHAIRMAN FRYER: Let the planning commissioner finish. MR. LEWIS: Oh, sure. COMMISSIONER KLUCIK: All right. Okay. So you're concerned about the impact on Pine Ridge -- what is it called? MR. LEWIS: The Pine Ridge Corners PUD. COMMISSIONER KLUCIK: Pine Ridge Corners PUD. MR. LEWIS: Correct. COMMISSIONER KLUCIK: That if this PUD is approved, it would affect the Pine Ridge Corners PUD because there's going to be this access road? MR. LEWIS: Yeah. So what I want to confirm is that it doesn't. And in 6.1 of our client's PUD, it says that the access points shown on the master plan -- which obviously this is different than what's on our master plan -- should be considered to be conceptual, right. And the final location of any access shall be determined at Site Development Plan stage and shall be consistent with all county ordinances and regulations there in effect. So we don't see a problem from our end. We think they can go forward and build their road. We just don't want to trigger anything that would hurt our PUD rights, is the issue. So we're okay. We just don't want to have any good deed go unpunished. COMMISSIONER KLUCIK: What PUD rights are you concerned about? MR. YOVANOVICH: You're going to see it. One second. I'm going to help Doug out. I've got his master plan that we're going to put on the visualizer. So if you'll Page 34 of 46 Packet Pg. 38 January 1, 2024 5.A.a bear with me one second. CHAIRMAN FRYER: Yeah. But we're all clear that your PUD is not before us, no aspect of it? MR. LEWIS: Yeah, exactly. That's -- and that's exactly right, and that's our understanding. So I was just confirming that. CHAIRMAN FRYER: Okay. MR. LEWIS: So that takes care of that. CHAIRMAN FRYER: You're at six minutes, sir. As you're -- MR. LEWIS: Okay -- CHAIRMAN FRYER: -- counsel, you'd have two more minutes. MR. LEWIS: Okay. And I had some time ceded; is that correct? CHAIRMAN FRYER: Well, let's establish that. From whom? MR. LEWIS: From Teryl Brzeski. CHAIRMAN FRYER: Mr. Brzeski here? MR. LEWIS: Nora Beyrent, correct? CHAIRMAN FRYER: Are these people here? MR. YOVANOVICH: They've got their hands up. CHAIRMAN FRYER: Okay. I see them. All right. So you'd have 15 minutes, then. MR. LEWIS: Okay, perfect. So the other item we just wanted to confirm in the record is that obviously Livingston Road -- I'm sorry -- the roadway on the north end there, Livingston Woods, is a public right-of-way and that Tract 77 would be able to tie into the utilities. I think we're in agreement on that. I just wanted to make sure that's correct. And then at this point on the Table A list of permitted uses, you know, at this point given the possible imminent settlement, really, we just want to, on the record -- and I've talked to Rich about this. I think we're on the same page. I just want to get this on the record. The car wash, as we understand it, this proposed ancillary car wash will not be on Tract 92, which is the parcel right adjacent to our client's property. So we understand that, and I think that's consistent. We also understand that it's ancillary, and it's not a public -- a primary permitted use. There was a case recently -- well, there's several cases, but one of the cases that comes to mind is there was a hotel over in Miami where you had a restaurant, you know, in the hotel, and, you know, it was designed as an ancillary use to the hotel, and residents would -- or people of the hotel would be able to go and dine. Well, they weren't getting a lot of traffic and whatnot, and so they -- the hotel started to advertise -- I'm sorry -- the restaurant in the hotel started to advertise as its own restaurant, bringing people from the community in, and it kind of turned into a -- morphed from an ancillary to a principal permitted use. We do have under our current PUD car wash rights. So I think we're on the same page where there's really no divergence here. I've talked to Rich. I just wanted to get it on the record that it is an ancillary use. It's not going to be a public permitted use. I just need to do that. I don't know if Rich has anything to say, but I think we're on the same page there. And then we did talk a little bit. We're okay with the compatible -use concept. I just want to make sure we understand what that really looks like. So my understanding of Page 35 of 46 Packet Pg. 39 January 1, 2024 5.A.a the comparable -use determination vis-a-vis the HEX would be there would have to be a process under 10.02.06.K where there's a comparable -use determination process. We obviously would -- if there were things in there that impacted or harmed our project, we would be there, obviously, and reserve the right to challenge any of those at a comparable use, but that would be a HEX process, a future process. They're not here today -- in the future if they wanted to do that. But our understanding is that would go through a 10.02.06.K process under the current code. So that's really about it. We look forward to continuing to work constructively with the applicant to address these issues that we've raised -- you know, hopefully the litigation access. I'll continue to make myself available to the -- to the applicant to address these issues, and hopefully before we come back before the Board of County Commissioners, we can have a united, good project that will benefit, I think, everybody, including the county. So those are my comments. CHAIRMAN FRYER: Thank you. Next speaker, please. MR. SABO: Mr. Chairman, the last speaker is A.J. Cross. The other two ceded time. CHAIRMAN FRYER: Okay. COMMISSIONER KLUCIK: Mr. Chairman, would you mind if I asked the petitioner a question related to the last speaker? CHAIRMAN FRYER: Of course. Go ahead. COMMISSIONER KLUCIK: So regarding -- so let's assume you negotiate the -- I think you want the southernmost access road on his property. MR. YOVANOVICH: Correct. COMMISSIONER KLUCIK: Okay. Seventy-seven or Pine Ridge Corners. I'm assuming some of what you'll be negotiating is their access to that road, because that would make sense, because they don't have access -- just like you, they can't go up north because that's already been prohibited, so they're going to need to use this road. I guess they could try to tie in through the upper arrow, you know, the upper access easement or whatever. But the whole idea is you would minimize the intrusion of any access roads by having everybody use that road. MR. YOVANOVICH: I'm confident that any agreement that is reached will provide for their ability to actually physically connect to the frontage road. (Simultaneous crosstalk.) MR. YOVANOVICH: I understand. I'm not worried about that. COMMISSIONER KLUCIK: Yeah, he mentioned that as a concern, and I would just think that would be built in -- MR. YOVANOVICH: It will. COMMISSIONER KLUCIK: -- that, of course, if you're going to put a road across someone's land, they're going to have access to it -- MR. YOVANOVICH: I'm confident. COMMISSIONER KLUCIK: -- and that would be prenegotiated. MR. YOVANOVICH: Yes. COMMISSIONER KLUCIK: Okay. CHAIRMAN FRYER: Thank you. Mr. Cross? Page 36 of 46 Packet Pg. 40 January 1, 2024 5.A.a MR. CROSS: Commissioners, my name's A.J. Cross, and I'm a resident of Livingston Woods for 30-plus years now. My concerns are probably the same as most adjacent property owners in there regarding access. It's been addressed that there will be no access to Livingston Woods, my community. I want to make sure that includes construction access and others are buffers, height restrictions, lightings. It appears the plan isn't entirely done yet, and half of their PUD is on a property that they haven't identified what they're going to build there or use that for. Hours of operation, noise restrictions are issues that I hope we get to address later before some other use is approved for that adjacent -- or I guess it's the western part of their PUD. The last thing is maintenance of said buffers. I'd like to see the -- we'd all like to see the end drawing of those buffers, but there are other buffers along Livingston Wood Lanes, the north -- the east and west road immediately to the north. And those buffers on the south side, the property owner's side, they get maintained very well on the north side. Adjacent to our community, there's practically no maintenance at all. So I'd really appreciate some language saying that they're required to maintain those buffers. Other than that, I think that's it. CHAIRMAN FRYER: Thanks. MR. CROSS: Thanks for your time. CHAIRMAN FRYER: Thank you. Any other registered speakers? MR. SABO: We have no other registered speakers. CHAIRMAN FRYER: Anyone in the room who has not registered but nonetheless wishes to be heard, please raise your hand. (No response.) CHAIRMAN FRYER: Seeing no hands raised, we will close the public comment segment of this hearing and ask -- go ahead, Vice Chairman. COMMISSIONER SCHMITT: Mr. Cross mentioned there are uses -- there's no uses identified for the adjacent parcel. There are, in fact, uses identified. CHAIRMAN FRYER: Yeah, indeed, there are. COMMISSIONER SCHMITT: And so if it's language in the PUD, Rich, do you want to just clarify those? MR. YOVANOVICH: I will. While I have this exhibit up, and then I'll go back to the -- if you don't mind. Mr. Lewis was talking about this is his master plan. You see right now the access on that master plan kind of goes through the middle of his property. He's just wanting to confirm that we can relocate the access to the southern part of his property without him having to come in and amend his master plan. I think if staff could just confirm that on the record, I think that Mr. Lewis would appreciate that, and so would we. So if we could just confirm that that provision that said it was conceptual would allow for it to be relocated to the south portion of the property, and then I'll move on to the other questions. CHAIRMAN FRYER: Staff? MR. BOSI: Staff does recognize that the language does express it as conceptual. Out of an abundance of caution, we would prefer to do an administrative PMC where we Page 37 of 46 Packet Pg. 41 January 1, 2024 5.A.a would administratively review and modify the master plan to show the access on the southernmost portion. If there is enough flexibility within the language -- but for -- just to seal the record, so to speak, we think the administrative PMC process would be more appropriate. MS. ASHTON-CICKO: So Mr. Lewis would need to file an application for a minor amendment to the master plan with the proposed master plan he wants approved that relocates the access, and then staff approves that administratively. So it's a fairly quick process. CHAIRMAN FRYER: All right. MR. YOVANOVICH: Can we go back to the -- CHAIRMAN FRYER: So we're in rebuttal now. MR. YOVANOVICH: Well, I'm going to now answer -- I think the question was about what uses are allowed on -- CHAIRMAN FRYER: Yeah. I just want to make -- this is part of rebuttal. MR. YOVANOVICH: Okay. Well, yeah. So am I going -- I'm going the wrong way, sorry. We have, in the PUD itself, this is the Tract B vacant tract. These are the allowed uses. And as Jessica went through, most of these uses are already allowed on the property through the Clesen PUD, and the uses we were adding were pretty much quiet office -type uses to the Clesen PUD, including veterinary services. I mean, we're not asking for kenneling and all that. So all that is addressed in the PUD. Yes, the car wash is an accessory use to the automobile dealership. It's not open to the general public to come in and purchase car washes and use it as a car wash. The PUD, as Jessica pointed out, we already have a commitment to Dark Skies lighting, so you're not going to see it lit up like other dealerships around town. We don't permit gas. And all work that is going to be done, including the car wash, will be in enclosed areas, so noise should not be an issue related to the operation of the facility. If you feel like it's necessary to add a commitment that we actually have to maintain the buffers that we put in our project, the code already requires us to do that. But, you know, obviously, we are -- if we need to put that into the PUD, that's fine, but we're already obligated to do that with regard to the buffers. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: Just for the record, all the plantings are on your property, and you're exactly right. The code already requires you to maintain it. MR. YOVANOVICH: Right. COMMISSIONER SCHMITT: I guess it would be a duplication in language, but it's already required. I don't see a need to put it in, but if my colleagues want to, I mean, that's fine. But it's already required. MR. YOVANOVICH: Right. We've gone away from repeating the code within the PUD document. CHAIRMAN FRYER: And that would be my preference, not to -- COMMISSIONER SCHMITT: And I think from a practical matter, it's a matter of the business wanting to present a professional appearance in, you know, an amenable site to allow the -- to build that kind of a building and that kind of a structure and not maintain the landscaping would be sort of foolish. MR. YOVANOVICH: And I think that, you know, we'll -- obviously, we have a Page 38 of 46 Packet Pg. 42 January 1, 2024 5.A.a vested interest in the appearance of our project to help sell expensive cars. I think that was all of the issues raised by the public speakers. I wanted to confirm that they were already covered within our documents. With that, you know, your staff s recommending approval, and we're requesting that you forward this petition to Board of County Commissioners with a recommendation of approval as well. CHAIRMAN FRYER: Planning Commission? COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Any questions? Go ahead, sir. COMMISSIONER KLUCIK: Yes. Just to clarify, so we've mentioned that Livingston Woods Lane is off limits to all of those parcels. Can someone just explain to me the -- you know, where -- what -- where is that binding and, you know, like who -- what body made that a rule? And is that actually incorporated into what you're -- you know, your proposal that that is a permanent thing you're agreeing to? MR. YOVANOVICH: It goes back probably to the very first PUD that was approved on the north side of Pine Ridge Road and the south side of Livingston Woods Lane. All -- I worked on the Clesen PUD, as you can tell from the record -- COMMISSIONER KLUCIK: So you're saying that that current PUD itself -- MR. YOVANOVICH: -- and this PUD -- prohibits it. COMMISSIONER KLUCIK: --disallows it. MR. YOVANOVICH: Yes. COMMISSIONER KLUCIK: Okay. And then you're just -- that's continuing in your new proposal? MR. YOVANOVICH: Correct. COMMISSIONER KLUCIK: Okay. Okay. MR. YOVANOVICH: Yes. COMMISSIONER KLUCIK: The only reason I bring that up is, you know, because I know that, you know, if I was a resident, I'd be concerned as to what -- by what authority are we -- you know, are we enjoying this prohibition, and it does appear as it's, you know, as locked in stone as anything can be. MR. YOVANOVICH: And it's codified in our PUD. COMMISSIONER KLUCIK: Right. MR. YOVANOVICH: So it's not -- COMMISSIONER KLUCIK: Yeah, I know, I know. It's in the current one, and there's nothing more we could really do about that. That's as locked in as something can be. MR. YOVANOVICH: Correct. I don't think we're going to have any cars trying to sneak around the wall we build. Maybe you could do that with a motorcycle, but I think it's harder with a car, so... CHAIRMAN FRYER: Anything further from up -- go ahead, sir. COMMISSIONER SHEA: Can you go back to that buffer cross-section. So a concern Mr. Cross had to me was maintaining the landscaping on the other side of the wall, which is not advantageous for them to do, and the experience in the community is that, down the road -- not your applicant -- that they're not maintaining it. If Page 39 of 46 Packet Pg. 43 January 1, 2024 5.A.a they're not following and maintaining the -- that -- his access is code management? Who would the resident go to if the people down the street aren't maintaining the landscaping buffer on the outside of their wall, which is the Livingston Woods side of the wall? CHAIRMAN FRYER: Mr. Bosi? MR. BOSI: That would be Code Enforcement. COMMISSIONER SHEA: That's where he should go with that? Okay. MR. YOVANOVICH: I have no control of what -- COMMISSIONER SHEA: No. That was a question for Mike. MR. YOVANOVICH: -- people are doing to the west of us. CHAIRMAN FRYER: Thank you. Anything further from up here? (No response.) CHAIRMAN FRYER: All right. And you're finished with your rebuttal? MR. YOVANOVICH: Yes, sir. CHAIRMAN FRYER: Thank you. The matter now is in our hands for deliberation and action. Anyone wish to be heard or to make a motion? COMMISSION SCHUMACHER: I make a motion to approve. COMMISSIONER SCHMITT: I second. CHAIRMAN FRYER: It's been moved and -- COMMISSIONER SCHMITT: No stipulations other than the ones that were stated on the record for the sign. What do I want to call them? COMMISSIONER SHEA: The deviations. COMMISSIONER SCHMITT: Deviations, thank you. I lost a word. Thank you. CHAIRMAN FRYER: Nothing new resulting from the Planning Commission? COMMISSIONER SCHMITT: Nothing new resulting from our discussions. CHAIRMAN FRYER: So it's been moved and seconded. COMMISSIONER SCHMITT: Second. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, applicant. Thank you, members of the public, and staff and Planning Commission. MR. YOVANOVICH: Thank you. CHAIRMAN FRYER: At this point I'm going to execute the -- I'm going to use the power of the Chair to ask for a five-minute recess. We'll be in recess until 11:18. (A brief recess was had from 11:13 a.m. to 11:18 a.m.) MR. BOSI: Sorry, Chair. You have a live mic. CHAIRMAN FRYER: Thank you, sir. Page 40 of 46 Packet Pg. 44 January 1, 2024 5.A.a ***Ladies and gentlemen, please reconvene for our third and final application today for hearing. It is PL20230010984, Collier Boulevard Commerce Center also known as Magnolia Pond. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Ex parte disclosures beginning with Ms. Lockhart. MS. LOCKHART: Text materials only. CHAIRMAN FRYER: Thank you. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Matters of public record, meeting with staff. COMMISSIONER KLUCIK: Nothing to disclose. COMMISSION SCHUMACHER: Staff materials only. CHAIRMAN FRYER: Thank you. Ms. Emblidge, you may proceed. MS. EMBLIDGE: Thank you, Commissioners. I'm Margaret Emblidge, certified planner with Agnoli, Barber & Brundage. This project before you is an increase in height request. Earlier this year we came before both you and the Board of County Commissioners with a similar request, and subsequent to that approval, between the engineering and architectural design criteria, there were changes that were made that required an increase -- an additional increase in height be requested to accommodate them. There are no other changes with this proposed amendment. Giving some background to this project, this project was originally approved in 2001; is that right? And the Magnolia Pond portion of the Collier Boulevard mixed -use commerce center is strictly for residential. And there is 433 dwelling units that have been approved. The project is approved for two phases of development. Phase 1 for the 324 apartments in nine three-story buildings, and Phase 2, the subject of this application, will include 108 apartments in two four-story buildings. And currently the Site Development Plan for Phase 2 is under review waiting for the approval of this increased height. This gives you an idea of the surrounding uses and, again, it's -- you know, it's in the Activity Center No. 9. And I know that a question was asked earlier about -- or the previous hearing regarding affordable housing, and it was highlighted that Noah's Landing is an affordable housing project across the street. I think Commissioner Shea had asked whether this project -- our project would be providing affordable housing. But, no, it's going to be market rate. But I just wanted to highlight that these are some of the surrounding areas. Let me go further. This is the condition of the project as of December, and as you can see, that the Phase 1 area is fairly close to building out. The Phase IA part of the project, which is the two buildings that are along Magnolia Pond Road and the clubhouse -- COMMISSIONER KLUCIK: Could you point those out, please? MS. EMBLIDGE: Yes. Can you see my mouse? Page 41 of 46 Packet Pg. 45 January 1, 2024 5.A.a COMMISSIONER KLUCIK: Thank you. MS. EMBLIDGE: So this building here and this, and then the clubhouse area is the Phase IA and those -- there are no COs at this point, but they're pretty close, okay. COMMISSIONER KLUCIK: But your petition is in regards to the part in the foreground? MS. EMBLIDGE: This is the part of the petition is this area here. COMMISSIONER KLUCIK: Mr. Chairman, if I may? CHAIRMAN FRYER: Please. COMMISSIONER KLUCIK: Okay. So you have your project. And I'm under the impression, based on looking at the materials, that you're largely going to continue building similar? MS. EMBLIDGE: Yes, sir. COMMISSIONER KLUCIK: So what is the discrepancy in height? What's changing that you now need to -- MS. EMBLIDGE: The project -- the Phase 2 area was originally planned for three three-story buildings. They've decided that they wanted to incorporate the number of units that were already approved into two four-story buildings, and then back in this area, there's going to be a pool area for -- to accommodate the folks that are in the Phase 2 -- COMMISSIONER KLUCIK: So your footprint of actual dwellings is going to be smaller but higher? Smaller footprint but higher -- MS. EMBLIDGE: Yes, sir. COMMISSIONER KLUCIK: That's what you're asking for. And that's -- in the beginning, you only thought -- you only anticipated -- when you asked for the current plan that you have, you only asked for 50 feet because you only planned to go three stories? MS. EMBLIDGE: Yes. Yes, sir. COMMISSIONER KLUCIK: And what are the rest of the buildings? Are they four? MS. EMBLIDGE: They're three-story buildings. COMMISSIONER KLUCIK: Those are all three? MS. EMBLIDGE: Yes. CHAIRMAN FRYER: Anything further? COMMISSIONER KLUCIK: No. Thank you, Mr. Chairman. CHAIRMAN FRYER: Ms. Emblidge, I looked for a reference or limitation to two buildings, the two -building limit in the ordinance materials. I didn't see it. Is it there, and I just overlooked it? MS. EMBLIDGE: You know, I don't know the answer to that. Let me pull the draft ordinance. And if it's not, we would be agreeable to that because that is clearly the plan. CHAIRMAN FRYER: Okay. Thank you. I'm to going want to make that a condition when the time comes. MS. EMBLIDGE: Thank you, okay. COMMISSION SCHUMACHER: Chair, if I may. CHAIRMAN FRYER: Yes. Please go ahead, Commissioner. COMMISSION SCHUMACHER: Ms. Ashton, could I ask you a question? MS. ASHTON-CICKO: Sure. COMMISSION SCHUMACHER: Procedurally, if someone is coming for a Page 42 of 46 Packet Pg. 46 January 1, 2024 5.A.a revision, can we ask for affordable housing in that revision since they're coming forward asking for something new? MS. ASHTON-CICKO: You could deny, you know, the height. But they already have the units in place, so it's a harder ask. You can ask them if they'd be willing to do it, but it's harder to force it on them. COMMISSION SCHUMACHER: Okay. CHAIRMAN FRYER: Thank you. COMMISSIONER KLUCIK: Mr. Chair? CHAIRMAN FRYER: Yes, please. COMMISSIONER KLUCIK: I guess my answer to your question would be, they're coming and asking for something they don't have a right to do, so we can do whatever we want as far as imposing conditions just as if it was a new application. I don't see how it's any different than normally when someone comes and asks. They're asking to have this changed. We have no duty to or obligation to, you know, that -- we have no obligation to recommend approval, and the county commissioners have no obligation to approve it. It's all based on our judgment as to whether the conditions have been met and we think it's in the best interest of -- you know, of the community. CHAIRMAN FRYER: Yeah. I think -- COMMISSIONER SHEA: It's a little more difficult because they're not really increasing the number of units. CHAIRMAN FRYER: That's the key. COMMISSIONER KLUCIK: Right. CHAIRMAN FRYER: But what you said is exactly right. We can really do whatever we want as far as our recommendations are concerned. Ordinarily, though, with affordable housing, we have a stronger position to take if they're looking for more density. COMMISSIONER SCHMITT: Correct. COMMISSIONER KLUCIK: Right. And in this case, I think forcing the issue -- I mean, it seems to me that five feet additional, whatever the negative impact anyone thinks that is, the upside is that you have -- you have, you know, a smaller footprint and you have something that seems like it's a nice, you know, addition to -- you know, to any community to have recreational facilities. So I think there's an upside to what they're asking for as well. CHAIRMAN FRYER: Thank you. Any other comments, Ms. Emblidge? MS. EMBLIDGE: I was -- wanted to highlight -- let me see if I'm going back here. I want to highlight the location of Phase 2. This property is surrounded by preserve areas that are within the existing PUD as well as across the street. The PUD that was originally approved in this area has preserve areas as well. So we felt that there wouldn't be any impacts with the increase in height taking that into consideration as well. CHAIRMAN FRYER: Thank you. Anything further from the applicant? MS. EMBLIDGE: I don't have anything further, just that I agree with staff s recommendation, and I appreciate them working with us on this. And I'm available if you have questions. CHAIRMAN FRYER: Thank you. Planning Commission, questions or comments for the applicant? Page 43 of 46 Packet Pg. 47 January 1, 2024 5.A.a (No response.) CHAIRMAN FRYER: If not, thank you, Ms. Emblidge. We'll turn it over now to staff. MR. BOSI: Mike Bosi, Planning and Zoning director. Like the last petition, this is an interchange activity center, the place where we would expect the highest and most intense of uses. The density is consistent with what is allowed or eligible within the GMP. We think the increase in height with the reduction in the footprint and the points that were raised by Commissioner Klucik, we agree with those, and staff is recommending approval of the proposal. CHAIRMAN FRYER: Thank you. Questions or comments for staff from the Planning Commission? If not, thank you. Do we have any registered speakers on this? MR. SABO: Mr. Chairman, there are no registered speakers. CHAIRMAN FRYER: All right. And there's really no one in the room at this point, I think, to be asked if they wish to be heard. If I'm incorrect and I'm not seeing someone, please raise your hand. (No response.) CHAIRMAN FRYER: Seeing no hands raised, we will close the public comment portion of this hearing, and there's, I guess, no need for rebuttal at this time unless you have something more you want to say. MS. EMBLIDGE: No, sir. CHAIRMAN FRYER: Okay. Thank you. Then the matter falls into our hands for deliberation and motion. COMMISSIONER KLUCIK: Well -- COMMISSIONER SCHMITT: Go ahead. COMMISSIONER KLUCIK: I was just going to say that just, you know, the name Magnolia Pond in and of itself makes me want to say yes to whatever they're asking for. CHAIRMAN FRYER: Thank you. MS. EMBLIDGE: That's good. COMMISSIONER SCHMITT: I'd make a recommendation of approval based on exactly what Robb stated in regards to the offset to allow for recreation uses. So I would recommend approval as stated, PL20230010984, recommend approval. CHAIRMAN FRYER: A friendly amendment, if I may? COMMISSIONER SCHMITT: Yes. CHAIRMAN FRYER: To add the condition of a two -building limit. COMMISSIONER SCHMITT: Oh, yes. I thought that was already in there in the proposal. Thank you. CHAIRMAN FRYER: It's not. Thank you. Is there a second? COMMISSIONER SHEA: Second. CHAIRMAN FRYER: All right. It's been moved and seconded to approve the application subject to the condition that we would add or that there would be added a two -building limit in the ordinance materials. Any further discussion? (No response.) COMMISSIONER KLUCIK: And that two -building limit is the buildings that would be -- would attain that extra five feet? CHAIRMAN FRYER: Yes. Page 44 of 46 Packet Pg. 48 January 1, 2024 5.A.a Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, Ms. Emblidge -- MS. EMBLIDGE: Thank you. CHAIRMAN FRYER: -- applicant, staff, Planning Commission, and members of the public. All right. Any old business to come before the Planning Commission at this time? (No response.) CHAIRMAN FRYER: Any new business? (No response.) CHAIRMAN FRYER: Any members of the public wish to be heard on matters that were not part of our agenda, now would be the time. (No response.) CHAIRMAN FRYER: Go ahead. COMMISSIONER SCHMITT: Ray, what do we look for at the next meeting? How many petitions; do you know? COMMISSIONER KLUCIK: That's February 1st? COMMISSIONER SCHMITT: Yeah, February 1st. MR. BELLOWS: Yeah. We have five items on the agenda. CHAIRMAN FRYER: Are any of those companions? MR. BELLOWS: Yes. CHAIRMAN FRYER: How many? MR. BELLOWS: One companion item. MR. BOSI: So there will be two petitions that are companion items, and then there's three standalone. CHAIRMAN FRYER: Okay. Thank you very much. All right. Without further ado and without objection, we're adjourned. Page 45 of 46 Packet Pg. 49 January 1, 2024 5.A.a There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:31 a.m. COLLIER COUNTY PLANNING COMMISSION EDWIN FRYER, CHAIRMAN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 46 of 46 Packet Pg. 50 9.A.1 02/15/2024 COLLIER COUNTY Collier County Planning Commission Item Number: 5.A Doc ID: 27902 Item Summary: January 18, 2024 CCPC Meeting Minutes Meeting Date: 02/15/2024 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 02/02/2024 7:37 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/02/2024 7:37 PM Approved By: Review: Growth Management Community Development Department Diane Lynch Operations & Regulatory Management Donna Guitard Review Item Zoning Mike Bosi Division Director Unknown Jaime Cook Additional Reviewer Growth Management Community Development Department James C French Planning Commission Ray Bellows Meeting Pending GMD Approver Completed 02/02/2024 7:38 PM Completed 02/05/2024 1:12 PM Completed 02/05/2024 1:20 PM Completed 02/06/2024 9:25 PM GMD Deputy Dept Head Completed 02/07/2024 11:27 AM 02/15/2024 9:00 AM Packet Pg. 51 9.A.1.a PL20230002069 Coi [ie,- Co-r�v�.ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: FEBRUARY 15, 2024 SUBJECT: PL20230002069 GROWTH MANAGEMENT PLAN AMENDMENT (GMPA); BOAT HOUSE COMMERCIAL SUBDISTRICT (ADOPTION HEARING) COMPANION TO: PL20230002068 BOAT HOUSE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ELEMENTS: FUTURE LAND USE ELEMENT (FLUE) AGENT/APPLICANT: Agents: Jessica Harrelson, AICP Applicant: Boat House of Naples, LLC Peninsula Engineering 1516 SE 46th Avenue 2600 Golden Gate Parkway Cape Coral, FL 33904 Naples, FL 34105 Richard D. Yovanovich, Esquire Owner: JJF Stonington, LLC Coleman, Yovanovich & Koester, P.A. c/o Fareri Associates, L.P. 4001 Tamiami Trail North, Suite 300 One Greenwich Office Park S Naples, FL 34103 Greenwich, CT 06831 GEOGRAPHIC LOCATION: The 3.5± acre property is on the north side of Davis Boulevard, the south side of Radio Lane, and the east side of Radio Road. The property is within the Golden Gate Planning Community in Section 3, Township 50 South, Range 26 East. The site is comprised of two parcels, a 3.51L acre parcel and a. 12± acre parcel; the site is vacant and heavily vegetated. Packet Pg. 52 Zoning: RM WOODIPARK ll �,�ADDLEBROOK A.; I (-.AT[ WA P,i ne c�cst4i - 11 , I I . VILLAGE R 6 -S 34 JYAC LA M —p it c Ii Ci.". Ll,ST-.WNadley STE TRIAD j rcaIlS EVERGLADES 30 , Wa% ]. P EQUIPMENT 41kddIe PLW , GROUPCPUD t CIR 150 R: 26 S� 03 Zoning: i 2(l )l '4, WEST CEDAR HAM11i coin &CCLUB A CEP Zoning: A At r 1 -7 �A L L M R Aff &.e [R onin i - (24 ICE er Fire 9.A.1.a PL20230002069 REQUESTED ACTION: The applicant proposes a Small -Scale Comprehensive Plan amendment (a/k/a GMPA) to the Collier County Growth Management Plan (GMP) Future Land Use Element (FLUE) to amend the existing designation of Urban, Mixed -Use District, Urban Residential Subdistrict to create a new subdistrict entitled the Boat House Commercial Subdistrict. The petition proposes to amend the Future Land Use Map (FLUM) to create a new (Boat House Commercial Subdistrict) map in the FLUM series to identify the subdistrict. The proposed GMP Amendment is attached as Ordinance Exhibit "A." PURPOSE/DESCRIPTION OF PROJECT: Proposal To create the Boat House Commercial Subdistrict to allow a maximum of 32,500 square feet of gross floor area of Commercial Intermediate District (C-3) permitted and conditional uses or 20,000 square feet of gross floor area of boat sales, boat/engine service and repairs (SIC 5551, SIC 3732, and SIC 7699 limited to engine repairs only). The purpose of the proposed subdistrict is to allow for higher -intensity uses that are not permitted within the current GMP designation. A companion petition (PL20230002068) proposes to rezone the two parcels from Commercial Intermediate District (C-3) to Commercial Planned Unit Development (CPUD). EXISTING CONDITIONS: Subject Property: The Boat House Commercial Subdistrict is comprised of two parcels: • A 3.5± acre parcel located immediately west of the developed Circle K Gas Station. This property is currently zoned Commercial Intermediate District (C-3) and has a Future Land Use Designation of Urban Residential Subdistrict. • A. 12± acre parcel is located at the intersection of Radio Road and Radio Lane. It is also zoned Commercial Intermediate District (C-3) and has a Future Land Use Designation of Urban Residential Subdistrict. SurroundingLands: ands: North: (Across Radio Lane) Future Land Use Designation: Urban Residential Subdistrict. Zoned: MAC Residential Planned Unit Development. Land Use: Residential. East: Future Land Use Designation: Urban Residential Subdistrict. Zoned: Commercial Intermediate District (C-3). Land Use: Circle K Gas Station. South: (Across Davis Boulevard) Future Land Use Designation: Urban Residential Subdistrict. Zoned: Cedar Hammock Golf and Country Club. Land Use: Preserve, Residential, and Golf Course. West: (Across Radio Road) Future Land Use Designation: Urban Residential Subdistrict. Zoned: Commercial Intermediate District (C-3). Land Use: RaceTrac Gas Station. In summary, the existing land uses in the larger surrounding area consist of low -density residential use to the north and south and commercial uses to the east and west. Packet Pg. 54 9.A.1.a PL20230002069 BACKGROUND AND ANALYSIS: FLUM Designation The existing Future Land Use Element (FLUE), Future Land Use Map (FLUM), and Map Series of the Collier County Growth Management Plan (GMP) designate the subject property as Urban, Mixed -Use District, Urban Residential Subdistrict. The site is also identified on Map FLUE-11, part of the FLUM Series, which identifies properties deemed "consistent by policy." Policies 5.11 and 5.12 of the FLUE provide for pre-existing zoning to be deemed `Consistent by Policy' with the GMP FLUE and FLUM designation, based upon implementation of the Zoning Re-evaluation Ordinance No. 90-23. The FLUM Map Series contains maps identifying the Consistent by Policy parcels, including the subject parcel. The GMP designation of Urban Residential Subdistrict does not allow commercial uses; however, as a Consistent by Policy parcel, the property is allowed to be developed with uses permitted by the Commercial Intermediate District (C-3) zoning district. The CPUD proposes to retain the C-3 uses and proposes additional uses, including Boat Dealer and Boat and Engine Service and Repair. These additional uses are not permitted in the C-3 zoning district but are allowed by conditional use in the General Commercial District (C-4) and as permitted uses in the Heavy Commercial District (C-5). The Consistent by Policy status does not include C-4 and C-5 uses; therefore, a Growth Management Plan Amendment (GMPA) is required to allow for the additional proposed uses in the CPUD. Compatibility: Staff review included an analysis of land uses proximate to the development. The proposed Boat House Commercial Subdistrict is flanked on the east and west (across Radio Road) by gasoline service stations, a Circle K to the east, and a RaceTrac to the west. Residential PUDs exist to the north (across Radio Lane) and south (across Davis Boulevard). The residential communities include the Cedar Hammock Golf & Country Club PUD to the south and the Triad and MAC PUDs to the north. The project may be compatible with the existing residential communities with proper mitigation measures, including the proposed 8-foot-tall wall. Commercial Needs Anal A Market Study prepared by Zonda was submitted and noted the following: • Demand for boating in Collier County is well established by personal vessel ownership, which increased 9.1 % between 2019 and 2022 for 25,964 registered vessels in 2022. • Growth of household expenditures related to boating activities is projected to increase demand by 13.4% in 2028. • Collier County has a high median income and a higher disposable income to spend on items such as motorboats. The site's location is optimal, according to the Study, due to the site's proximity to I-75 and the ability to create multiple entry points to aid in on -site circulation. The road visibility at this location is also desirable. An analysis of existing sites that would allow for the boat sales and service proposed, without a GMPA, found one parcel that met their criteria except that it was located 20 miles from I-75. The need is established, as this is an existing boat sales and service facility in the area that is relocating to the proposed site. Using this site for boating sales and service will allow the 4 Packet Pg. 55 9.A.1.a PL20230002069 existing business to continue to meet the community's needs and will not create additional supply in the market. Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The required preserve is 0.35 acres (10% of 3.51 acres); the proposed Master Plan shows a 0.36-acre preserve. No listed animal species were observed on the property; however, Northern needleleaf (Tillandsia balbisiana) and Stiff -leafed wild -pine (Tillandsia fasciculata), listed as `Less Rare Plants,' have been observed on the property and will be protected in accordance with LDC 3.04.03. This project does not require Environmental Advisory Council (EAC) review, as it did not meet the EAC's 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. Conservation and Coastal Management Element (CCME) Review: Environmental review staff found this project consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 3.51 acres of native vegetation. A minimum of 0.35 acres (10%) of native vegetation must be preserved; the proposed Master Plan shows a 0.36-acre preserve. Transportation Element: In evaluating this project, staff reviewed the applicant's June 7, 2023, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2022 and 2023 Annual Update and Inventory Reports (AUIRs). Policy 5.1 of the Transportation Element of the GMP states: "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occurs: a. For links (roadway segments) directly accessed by the project where the 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. 5 Packet Pg. 56 9.A.1.a PL20230002069 Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition, the proposed development will generate a projected total of +/- 134 P.M. peak hour, 2-way trips on the adjacent roadway segments of Radio Road and Davis Boulevard. The trips generated by this development will occur on the following adjacent roadway link: Link/Roadway Link Current Peak Projected 2022 AUIR 2023 AUIR Hour Peak P.M. Peak LOS/ LOS/ Direction Hour/Peak Remaining Remaining Volume/Peak Direction Capacity Capacity Direction Project Trips (1) 71.0/Radio Santa Barbara 1,800 West 40/West B/ B/ Road Blvd to Davis 1,020 1,031 Blvd 70.0/Radio Livingston 1,800/East 13/East C/ D/ Road Road to Santa 632 222 (2) Barbara Blvd 77.0/Santa Radio Rd to 3,100/North 7/North C/ C/ Barbara Golden Gate 986 948 Boulevard Pkwy 78.0/Santa Radio Rd to 3,100/North 7/North C/ C/ Barbara Davis Blvd 1,285 1,154 Boulevard 16.2/Davis Radio Rd to 3,300/West 27/West B/ B/ Boulevard Collier Blvd 1,724 1,835 16.1/Davis Radio Rd to 3,300/East 13/East B/ B/ Boulevard Santa Barbara 2,302 2,285 Blvd • (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the June 7, 2023, Traffic Impact Statement, provided by the petitioner. • (2) The Expected Deficiency due to Trip Bank is not caused by this proposed development (see State Statute 169.3180). Staff also notes that this is a new deficiency found in the current 2023 AUIR compared to the 2022 AUIR. Provisions of Florida Statute 163.3180 ■ Must allow an applicant to enter into a binding agreement to pay or construct their proportionate fair share. ■ Facilities determined to be deficient with existing, committed, and vested trips plus projected background traffic from any source other than the development shall be removed from the proportionate share calculation. ■ The improvement necessary to correct this type of deficiency is the funding responsibility of the maintaining entity. ■ Applicant must receive a credit for the anticipated road impact fees. ■ The expected and existing deficiencies are not caused by this proposed development. 6 Packet Pg. 57 9.A.1.a PL20230002069 The following network improvements are included in the 5-year work program: • I-75 and Collier Boulevard Interchange Improvements (extends south of Davis Blvd to north of Golden Gate Canal. The interchange improvements are expected to have a positive impact on the road network. Based on the TIS, the 2022 AUIR, the 2023 AUIR, and the provisions of State Statute 169.3180, the subject PUD is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of the proposed Boat House PUDZ. Public Utilities Review: The project lies within the regional potable water service area and the South County Wastewater Reclamation Facility's wastewater service area of the Collier County Water -Sewer District (CCWSD). Water and wastewater services are available via existing infrastructure within the adjacent rights -of -way. Sufficient water and wastewater treatment capacities are available. CRITERIA FOR GMP AMENDMENTS FLORIDA STATUTES: Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically listed below. Section 163.3177(1)(f), Florida Statutes: (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means to react to it appropriately and to the extent necessary, indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. 1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. Packet Pg. 58 9.A.1.a PL20230002069 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionally acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s.380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality and the unincorporated area within a county must, at a minimum, be reflective of each area's proportional share of the total county population and the total county population growth. Section 163.3177(6)(a)2. Florida Statutes: 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses that are inconsistent with the community's character. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s.330.35 and consistent with s.333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(6)(a)8. Florida Statutes: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. Packet Pg. 59 9.A.1.a PL20230002069 b. Analyze the suitability of the plan amendment for its proposed use, considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. The petitioner must provide appropriate and relevant data and analysis to address the statutory requirements for a Plan Amendment. For this petition, a narrative justification was provided in Exhibit B V.D. "Boat House Commercial Subdistrict" (PL20230002069), and a market/needs analysis was provided. Section 163.3187 Florida Statutes: [qualifications to follow the small-scale GMPA process] Process for adoption of small-scale comprehensive plan amendment. (1) A small-scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 50 acres or fewer. [The subject site comprises 3.5± acres.] (b) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan but only proposes a land use change to the future land use map for a site -specific small-scale development activity. However, text changes that relate directly to and are adopted simultaneously with the small-scale future land use map amendment shall be permissible under this section. [This amendment does include a text change to the Comprehensive Plan, and those text changes are directly related to the proposed future land use map amendment.] (c) The property that is the subject of the proposed amendment is not located within an area of critical state concern unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s.420.0004(3) and is located within an area of critical state concern designated by s.380.0552 or by the Administration Commission pursuant to s.380.05(1). [The subject property is not located within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s.163.3177. Corrections, updates, or modifications of current costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be amendments. [This amendment preserves the internal consistency of the plan and is not a correction, update, or modification of current costs that were set out as part of the comprehensive plan.] NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The applicant conducted a NIM on September 27, 2023, at the Naples Regional Library at 650 Central Avenue in Naples. The meeting commenced at approximately 5:30 p.m. and ended at approximately 5:45 p.m. There were no in -person attendees other than the applicant's team and County staff; two people from the general public attended via Zoom. The agent, Jessica Harrelson, AICP of Peninsula Engineering, gave a brief presentation explaining the NIM and approval processes and providing an overview of the proposed project. Questions included the location of the project's entrance, whether parking requirements would be sufficient, and questions regarding signage and on -site equipment use. Exhibit B of the CCPC backup materials includes the NIM transcript and PowerPoint presentation. 9 Packet Pg. 60 9.A.1.a PL20230002069 FINDINGS AND CONCLUSIONS: • There are no adverse environmental impacts as a result of this petition. • There are no known historical or archaeological resources on the subject site. • There are no transportation or public utility -related concerns as a result of this petition. • There are no concerns about impacts on other public infrastructure. • This project may create impacts on the surrounding residential area due to the proposed commercial uses and intensity. However, the petition includes mitigation measures to reduce noise and visual impacts of the development. • The Boat House has an existing site location in Naples, at the west end of Davis Boulevard (approximately 5.5 miles distant), where they currently conduct boat sales and service. The business seeks to move to the new location to continue operations. The subject location is desired due to the size and configuration of the site as well as the proximity to I-75. The Boat House also has a facility in Cape Coral. • Data and analysis submitted by the petitioner justify approval of this GMPA. LEGAL REVIEW: The County Attorney's office reviewed the January 17, 2024, staff report. STAFF RECOMMENDATION: Staff recommends the Collier County Planning Commission forward petition PL20230002069 Boat House Subdistrict GMPA to the Board of County Commissioners with a recommendation to approve, adopt, and transmit to the Florida Department of Commerce and other statutorily required agencies. NOTE: This petition has been tentatively scheduled for the March 26, 2024 BCC meeting. 10 Packet Pg. 61 9.A.1.b ORDINANCE NO. 2024- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY CHANGING THE LAND USE DESIGNATION OF PROPERTY FROM URBAN, URBAN MIXED USE DISTRICT, URBAN RESIDENTIAL SUBDISTRICT TO URBAN, URBAN -COMMERCIAL DISTRICT, THE BOAT HOUSE COMMERCIAL SUBDISTRICT TO ALLOW A MAXIMUM OF 32,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) USES OR 20,000 SQUARE FEET OF GROSS FLOOR AREA OF BOAT SALES AND BOAT AND ENGINE SERVICES AND REPAIRS. THE SUBJECT PROPERTY IS LOCATED SOUTH OF RADIO LANE, NORTH OF DAVIS BOULEVARD AND EAST OF RADIO ROAD IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 3.54: ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20230002069] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Boat House of Naples Real Estate, LLC requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to create the Radio Lane Commercial Infill Subdistrict; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small -Scale Amendment; and [23-CMP-01173/1802015/1114 The Boat House SSGMPA PL20230002069 1/18/24 1 of 3 Packet Pg. 62 9.A.1.b WHEREAS, the Subdistrict property is not located in an area of critical state concern or rural area of opportunity; and WHEREAS, the Collier County Planning Commission (CCPQ on considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on ; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small-scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after Board adoption. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. [23-CMP-01173/1802015/1114 The Boat House SSGMPA PL20230002069 1/18/24 2of3 Packet Pg. 63 9.A.1.b PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2024. ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: P FkL Heidi Ashton-Cicko 1-18-23 Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA an Chris Hall, Chairman Attachment: Exhibit A — Proposed Text Amendment & Map Amendment [23-CMP-01173/1802015/1114 The Boat House SSGMPA PL20230002069 1/18/24 3 of 3 Packet Pg. 64 Exhibit A 9.A.1.b PL20230002069 EXHIBIT A *FUTURE LAND USE MAP SERIES ***TEXT BREAK*** *Boat House Commercial Subdistrict ***TEXT BREAK*** (pages vi-viii) (page 9) II. IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES ***TEXT BREAK*** OBJECTIVE 1: Promote well planned land uses consistent with Future Land Use Designations, Districts and Subdistricts and the Future Land Use Map to ensure compatibility between the natural and human environments. ***TEXT BREAK*** POLICY 1.5: C. URBAN —COMMERCIAL DISTRICT ***TEXT BREAK*** 20. Boat House Commercial Subdistrict I. URBAN DESIGNATION ***TEXT BREAK*** C. Urban Commercial District s 61-76) ***TEXT BREAK*** Page 1 of 4 Words underlined are added; words struck -through are deleted. 1/02/2024 (pages25-55) (page Packet Pg. 65 Exhibit A 9.A.1.b PL20230002069 20. Boat House Commercial Subdistrict The Boat House Commercial Subdistrict comprises approximately 3.5-acres and is located south of Radio Lane, east of Radio Road and north of Davis Boulevard, in Section 3, Township 50 South and Range 26 East. The purpose of this site -specific Subdistrict is to provide commercial uses in proximity to Interstate-75. This Subdistrict is allowed a maximum of 32,500 SF of gross floor area of permitted and conditional uses of the C-3, Commercial Intermediate, zoning district as listed in the Collier County Land Development Code, Ordinance No. 04-41, as amended, or 20,000 SF of gross floor area of boat sales, boat/engine services and repairs (SIC 5551, SIC 3732 and SIC 7699, limited to engine repairsonly). This Subdistrict shall be rezoned to a Commercial Planned Unit Development (CPUD) and shall include development standards to ensure compatibility with adjacent properties, including: a. A 25' Type 'D' landscape buffer shall be provided along the northern property line and shall include a solid 8' wall. b. Dark sky compliant lighting standards. c. The PUD shall implement hours of operation for boat sales, boat/engine services and repairs. FUTURE LAND USE MAP SERIES ***TEXT BREAK*** Boat House Commercial Subdistrict Page 2 of 4 Words underlined are added; words struck -through are deleted. 1/02/2024 (page 162-163) Packet Pg. 66 Exhibit A PL20230002069 9.A.1.b 001- BOAT H0USE COM MERCIAL SUBDISTRICT COLLIER COU NTY, FLOR IDA ,4DOPTEa - XXXX LF.GF.N D (Ord. Ma. xxx) 0 1W 244 400 FFpI Baahmise Commercial Subdistrict Page 3 of 4 Words underlined are added; words struck -through are deleted. 1 /02/2024 Packet Pg. 67 g a 2 4 a lepietumoo esnoH jeOB a41690Z000£ZOZ-ld : 9£PLZ) bZ-86-6 eoueulpjo-1d;lgl4x3 :juaua143e;jd Exhibit A PL20230002069 I T46$ I T475 74a5 f� Qm10S0100 E 9 C CL W LO W a w N o 4 G LL Z c r J � 0 N LU E N F K LL 7T-- � T463 T476 'T48S I T49S I T64S T516 I T525 G LS � D f Mex t�df Page 4 of 4 Words underlined are added; words struck -through are deleted. 1/02/2024 W C 9.A.1.c APPLICATION NUMBER: PL20230002069 DATE RECEIVED: PRE -APPLICATION CONFERENCE DATE: 2/21 /2023 This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Growth Management Department 239-252- 2400, Zoning Division, Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The application is to be reviewed by staff for sufficiency within 30 calendar days following the filing deadline. The applicant will be notified, in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 12-234. If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFOMRATION A. Name of Applicant: Kevin Code, Managing Manager Company: Boat House of Naples Real Estate, LLC, Lessee (refer to Affidavits of Authorization) Address: 1516 SE 46'h Street City: Cape Coral State: Florida Zip Code: 33904 Phone Number: 239.732.8050 Fax Number: N/A Email Address: Eric.Lundgren@boathouseh2o.com B1.Name of Agent* Jessica Harrelson, AICP • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company: Peninsula Engineering Address: 2600 Golden Gate Parkway City: Naples State: Florida Zip Code: 34105 Phone Number: 239.403.6751 Fax Number: N/A Email Address: jharrelson@pen-eng.com B.2 Name of Agent* Richard D. Yovanovich, Esq. • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company: Coleman, Yovanovich & Koester Address: 4001 Tamiami Trail North, Suite 300 City: Naples State: Florida Zip Code: 34103 Phone Number: 239.435.3535 Fax Number: N/A Email Address: ryovanovich@cyklawfirm.com 1 Packet Pg. 69 9.A.1.c C. Name of Owner (s) of Record: JJF Stonington, LLC See Exhibit `I.C' -Warranty Deeds D. Name, Company, Address and Qualifications of all consultants and other professionals providing information contained in this application, as well as Qualifications of the Agent identified above. Planning: Jessica Harrelson, AICP Peninsula Engineering 2600 Golden Gate Parkway Naples, FL 34105 Phone: 239.403.6751 Email: jharrelson@pen-eng.com Legal Counsel: Richard Yovanovich, Esq. Coleman, Yovanovich & Koester 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 Phone: 239.435.3535 Email: ryovanovich@cyklawfirm.com Engineering: Peninsula Engineering & Surveying 2600 Golden Gate Parkway Naples, FL 34105 Phone: 239.403.6739 Email: jfruth@pen-eng.com Environmental: Earth Tech Environmental 1600 Jolea Avenue Bonita Springs, FL 34135 Phone: 239.304.0030 Email: jeremys@eteflorida.com Market Analysis: Zonda 3200 Bristol Street, Suite 640 Costa Mesa, CA 92626 Phone: 877.966.3210 Email: ksmale@zondahome.com Transportation: Norman J. Trebilcock, AICP, P.E. Trebilcock Consulting Solutions, PA 2800 Davis Blvd, Suite 200 Naples, FL 34104 Phone: 239.566.9551 Email: ntrebilcock@trebilcock.biz Packet Pg. 70 II. DISCLOSURE OF INTEREST: 9.A.1.c A. If the property is owned fee simple by an INDIVIDUAL, Tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address N/A Percentage of Ownership B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address N/A Percentage of Stock C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership 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. Name and Address Percentage of Ownership The Boat House of Cape Coral, LLC, the contract purchaser 100% Date of Contract(s): 2/01 /2023 See Exhibit `II.E.' for the Property Ownership Disclosure Form and the Purchase & Sale Agreement F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N/A 3 Packet Pg. 71 9.A.1.c G. Date subject property acquired N/A indicate date of option: and date option terminates: or anticipated closing: 10.02.2023 H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Acknowledged. III. DESCRIPTION OF PROPERTY: A. PARCEL I.D. NUMBERS: 00399320006 & 00399200003 B. LEGAL DESCRIPTION: See Exhibit `III.B' - Boundary Survey C. GENERAL LOCATION: SOUTH OF RADIO LANE, EAST OF RADIO ROAD, NORTH OF DAVIS BOULEVARD D. SECTION: 3 TOWNSHIP: 50 SOUTH RANGE: 26 EAST E. PLANNING COMMUNITY: Golden Gate F. TAZ: 2783 G. SIZE IN ACRES: 3.5-acres H. ZONING: Commercial Intermediate (C-3) I. FUTURE LAND USE MAP DESIGNATION: Urban Mixed -Use District, Urban Residential Subdistrict J. SURROUNDING LAND USE PATTERN: See Exhibits `V.A' and `V.B' IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: Housing Element Recreation/Open Space Traffic Circulation Sub -Element Mass Transit Sub -Element Aviation Sub -Element Sanitary Sewer Sub -Element Solid Waste Sub -Element Capital Improvement Element X Future Land Use Element Potable Water Sub -Element NGWAR Sub -Element Drainage Sub -Element CCME Element Golden Gate Master Plan -Urban Golden 4 Packet Pg. 72 9.A.1.c Immokalee Master Plan Gate Estates Sub -Element B. AMEND PAGE (S): vi-viii, 10, 76,163 OF THE: Future Land Use Element AS FOLLOWS: (Use Strike -+" h-to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: See Exhibit `IV.B'- Proposed Subdistrict Text C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Urban Mixed -Use District, Urban Residential Subdistrict to the Urban Commercial District, Boat House Commercial Subdistrict See Exhibit 'IV.C'- Subdistrict Inset Map D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) E. DESCRIBE ADDITIONAL CHANGES REQUESTED: N/A V. REQUIRED INFORMATION: NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I"=400'. At least one copy reduced to 8- 1/2 x 1 1 shall be provided of all aerials and/or maps. A. LAND USE See Exhibit V.A. Provide general location map showing surrounding developments (PUD, DRI's, existing zoning) with subject property outlined. See Exhibit V.A. Provide most recent aerial of site showing subject boundaries, source, and date. See Exhibit V.A. Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION See Exhibit V.B Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL See Exhibit V.0 Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. See Exhibit V.0 Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.) Identify historic and/or archaeological sites on the subject property. Packet Pg. 73 9.A.1.c D. GROWTH MANAGEMENT Reference , F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2 (Copies attached). 1. INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference F.A.C.). IF so, identify area located in ACSC. N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S.? (Reference , F.A.C.) N Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1) (c), F.S.? Does the proposed amendment create a significant impact in population which is defined as a potential increase in County -wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Y Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference , F.A.C.) See Exhibit 'V.D.1'- Project Narrative, Consistency & Compliance and Exhibit 'V.D.2'- Needs Analysis E. PUBLIC FACILITIES 1. Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: See Exhibit V.E.1.a- Level of Service Analysis Potable Water See Exhibit V.E.I .a- Level of Service Analysis Sanitary Sewer See Exhibit V.E.I .b-Traffic Impact Statement Arterial/Collector Roads; Name specific road & LOS See Exhibit V.E.I .a- Level of Service Analysis Drainage See Exhibit V.E.I .a- Level of Service Analysis Solid Waste See Exhibit V.E.I .a- Level of Service Analysis Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. See Exhibit V.E.2- Public Facilities Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services. 3. See Exhibit V.E.I .a- Level of Service Analysis Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. Packet Pg. 74 9.A.1.c F. OTHER Identify the following areas relating to the subject property: See Exhibit `F.l'- FIRM Map Flood zone based on Flood Insurance Rate Map data (FIRM). See Exhibit `F.2'-Wellfield Map Location of wellfields and cones of influence, if applicable. N/A Coastal High Hazard Area, if applicable N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable G. SUPPLEMENTAL INFORMATION $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus, proportionate share of advertising costs) X $9,000.00 non-refundable filing fee for a Small -Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus, proportionate share of advertising costs) X Proof of ownership (copy of deed) X Notarized Letter of Authorization if Agent is not the Owner (See attached form) Packet Pg. 75 AFFIDAVIT OF AUTHORIZATION 9.A.1.c 1, Kevin Code (print name), as Managing Member, (title, if applicable) of the Boat House of Naples Real Estate, LLC, (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner_ applicant X contract purchaser and 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. We/I authorize Jessica Harrelson, AICP and Richard Yovanovich, Esq. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes: • If the applicant is a corporation, then it is usually executed by the carp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C) or Limited Company (L.Q 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 wards "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature STATE OF COUNTY OF Kevin Code Printed Name The foregoing instrument was sworn to (or affirmed) and subscribed before me onWY1j Sr^20 ZL (date) by �,n C dd12 (name of person providing oath or affirmation), as who is personally known to me or who has produced (type of identification) as ide fic ion. STAMP/SEAL 1 Notary Public State of Florida Chelsea Renee Sparks l My Commission HH 303236 Expires 8/2212026 NUMP ITIMMIARA, 10 WINIT&T "m mum Packet Pg. 76 AFFIDAVIT OF AUTHORIZATION I, Kevin Code (print name), as Managing Member, (title, if applicable) of the Boat House of Cape Coral, LLC, (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner _ applicant contract purchaser X and 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. We/I authorize the Boat House of Naples Real Estate, LLC, Jessica Harrelson, AICP and Richard Yovanoyich_ , Esq. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes. • If the applicant is a corporation, then it is usually executed by the carp. Ares. or v. pres. • If the applicant is a Limited Liability Company (L.L.C. ) or Limited Company (L.C.j, then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true Signature STATE OF COUNTY OFi-� Printed Name Kevin Code The foregoing instrument was sworn to (or affirmed) and subscribed before me r , -,) (date) by r=e-" rin _O6 L (name of person providing oath or affirmation), as , v, who is personally known to me or who has produced (type of identification) as idef4ifreation. STAMP/SEAT. Notary Public State of Florida Chelsea Renee Sparks Illl My Commission HH 363236 Expires V2212026 (2 V,- 1-t C Signature of Notary Public Packet Pg. 77 AFFIDAVIT OF AUTHORIZATION [�A.H] I, T0411 (print name), as WL04$ A� h'\C►ia v, (title, if applicable) of the JJF Stonineton, LLC (company, i applicable), swear or affirm under oath, that I am the (choose one): The owner X applicant contract purchaser _ and 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. We/I authorize the Boat House of Cape Coral LLC Jessica Harrelson, AICP and Richard Yovanovich, Esq. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature r Printed Name STATE OF Coo nn P� W� COUNTY OF V7aY n e 1d The foregoing instrument was sworn to (or affirmed) and subscribed before me on ���r �l23 (date) by 3o1�n = �'a reh (name of person providing oath or affirmation), as McJJJQ$ A` Mc,-n6f- who is personally known to me or who has produced �)YWO(5 lf(f-,ILT(type of identification) as ident fication 1.Jt r # YOLANDA CRUIKSHANK STAMP/SEAL Notary Public, State of Connecticut Si My Commission Expires 05/31/T� of Notary Public Packet Pg. 78 CO�ler County EXHIBIT II. Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 'ROPFRTY n%AiKirR-,miD nISCLOc-1 iRF FnRn/1 This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership 01/2023 Pa Packet Pg. 79 CO�ler County 0 e f* Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Boat House of Naples Real Estates, LLC, lessor of the property to the lessee, 100% The Boat House of Cape Coral, LLC, the contract purchaser Date of Contract: 2/01 /2023 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: 01/2023 Pa Packet Pg. 80 Coder Count y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: , or Anticipated closing date. 10/02/2023 AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Agent/Owner Signalture Jessica Harrelson, AICP - Agent Agent/Owner Name (please print) 5/30/2023 Date 01/2023 Pa Fq Packet Pg. 81 Boat House Operating Entities Ownership 9.A.1.c Boat House of Cape Coral, LLC (Florida) Percentage of Shareholders The Boat House Florida Operations % of BHH % of BHCC of Cape Coral Boat House Holdings, LLC 81.84% Code Family Partnership, LP 27.2650% 22.31% Adam Code 11.8255% 9.68% David Code 11.8255% 9.68% Kevin Code 49.0840% 40.17% Creative Boat Strategies (Kevin Code) 1.50% 1.50% SW Florida Marine Solutions Inc. (Tom Hansen) 8.33% 8.33% Lundgren, LLC (Eric Lundgren) 4.33% 4.33% J Eck, LLC (Jeremy Eck) 2.00% 2.00% RVG Strategies, LLC (Rick Gasaway) 1.00% 1.00% Pocky V Enterprises, LLC (Parker Valdez) 1.00% 1.00% Total 100.00% 100.00% Kevin Code's all in ownership of The Boat House of Cape Coral with CBS = 41.67% lCode Family Partnership (Andy), David, Adam's all in ownership of The Boat House of Cape Coral = 41.67% Packet Pg. 82 Boat House Real Estate Ownership 9.A.1.c Florida Real Estate Shareholders Florida Operations % of BHH % of FL RE Percentage of The Boat House FL Real Estate Boat House Holdings, LLC 81.84% Code Family Partnership, LP 27% 22% Adam Code 12% 10% David Code 12% 10% Kevin Code 49% 40% Creative Boat Strategies (Kevin Code) 2% 1.50% SW Florida Marine Solutions Inc. (Tom Hansen) 8% 8.33% Lundgren, LLC (Eric Lundgren) 4% 4.33% J Eck, LLC (Jeremy Eck) 2% 2.00% RVG Strategies, LLC (Rick Gasaway) 1 % 1.00% Pooky V Enterprises, LLC (Parker Valdez) 1 % 1.00% Total 100% 100.00% Kevin Code's all in ownership of Florida Real Estate with CBS = 41.67% Florida Real Estate Entities: Boat House of Cape Coral Real Estate, LLC Boat House of Naples Real Estate, LLC Packet Pg. 83 Boat House Operating Entities Ownership 9.A.1.c Boat House of Cape Coral, LLC (Florida) Percentage of Shareholders The Boat House Florida Operations % of BHH % of BHCC of Cape Coral Boat House Holdings, LLC 81.84% Code Family Partnership, LP 27.2650% 22.31% Adam Code 11.8255% 9.68% David Code 11.8255% 9.68% Kevin Code 49.0840% 40.17% Creative Boat Strategies (Kevin Code) 1.50% 1.50% SW Florida Marine Solutions Inc. (Tom Hansen) 8.33% 8.33% Lundgren, LLC (Eric Lundgren) 4.33% 4.33% J Eck, LLC (Jeremy Eck) 2.00% 2.00% RVG Strategies, LLC (Rick Gasaway) 1.00% 1.00% Pocky V Enterprises, LLC (Parker Valdez) 1.00% 1.00% Total 100.00% 100.00% Kevin Code's all in ownership of The Boat House of Cape Coral with CBS = 41.67% lCode Family Partnership (Andy), David, Adam's all in ownership of The Boat House of Cape Coral = 41.67% Packet Pg. 84 Boat House Real Estate Ownership 9.A.1.c Florida Real Estate Shareholders Florida Operations % of BHH % of FL RE Percentage of The Boat House FL Real Estate Boat House Holdings, LLC 81.84% Code Family Partnership, LP 27% 22% Adam Code 12% 10% David Code 12% 10% Kevin Code 49% 40% Creative Boat Strategies (Kevin Code) 2% 1.50% SW Florida Marine Solutions Inc. (Tom Hansen) 8% 8.33% Lundgren, LLC (Eric Lundgren) 4% 4.33% J Eck, LLC (Jeremy Eck) 2% 2.00% RVG Strategies, LLC (Rick Gasaway) 1 % 1.00% Pooky V Enterprises, LLC (Parker Valdez) 1 % 1.00% Total 100% 100.00% Kevin Code's all in ownership of Florida Real Estate with CBS = 41.67% Florida Real Estate Entities: Boat House of Cape Coral Real Estate, LLC Boat House of Naples Real Estate, LLC Packet Pg. 85 Land0west Commercial, LLC 9.A.1.c 4j Florida Realtors Vacant Land Contract 1* 1. Sale and Purchase ("Contract"): JJF Stoninaton LLC 2* C'Soller") and The Boat House of Cape Coral, LLC 3 ("Buyer"} (the "parties") agree to sell and buy on the terms and conditions specified below the property C'Property l 4 described as: 5* Address: NEC of Radio Road and Davis Blvd, Naples FL 34104 3.6 +/. acres 6* Legal Description: 7 3 60 26 WAT MI70N OF Et/Z OF NW1/4 LY1NG BETWEEN SR 848 + 868 LESS 1.31AC IN ORDER OF TAKING 8 OASE 90-1291 MSC IN OR .2681 PG 4551ASS OR 3490 PG Parcel # 0039AZA0003 8 9 #0039932003 10 11* SEC 3 /TWP/50 /RNG 26 of Collier County, Florida. Real Property ID No.: M2340001000 5903 12* Including all Improvements eAsting on the Property and the following additional property: 13* 14* 2. Purchase Price: (U.S. currency)................................................................................................ $ 15 All deposits will be made payable to "Escrow Agent' named below and held in escrow by: 16* Escrow Agents Name: Bolanos Trrrxton PA 17* Escrow Agent's Contact Person: Gregg S. Tmxton 18* Escrow Agent's Address: 128M University Dr. Ste 350 Fort Myers, F133907 19* Escrow Agent's Phone: 239437-5421 20* Escrow Agent's Email: atruxton0-bolanoshmiloncom 21 (a) Initial deposit ($0 if left blank) (Check if applicable) 22* ❑ accompanies offer 23* 24* M will be delivered ro Escrow Agent within 3 days (3 days if left blank) Effective Date $ ....................... after ............................................................................ ............ 25 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable) 26* ❑ within days (10 days if left blank) after Effective Date 27* %within 60 days (3 days if left blank) after expiration of Due Diligence Period .......... $ 28* (a) Total Financing (see Paragraph 6) (express as a dollar amount or percentage) ................. $ 29* (d) Other. ........... $ 30 * (e) Balance to close (not including Buyer's closing casts, prepaid items, and proration) 31 to be paid at closing by wire transfer or other Collected funds ............................................. $ 33* unit used to determine the purchase price is ❑ lot ❑ acre ❑ square foot ❑ 34* prorating areas of less than a full unit. The purchase per unit based on a 35 calculation of total area of o Seller and Buyer by a Florida licensed surveyor In 36 a p (c). The following rights of way and other areas will be excluded from the 38 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 39* delivered to all parties on or before February 3, 2023 this offer will be withdrawn and Buyers deposit, if 40 any, will be returned. The time for acceptance of any counter-offer will be 3 days after the date the counter-offer is 41 delivered. The "Effective Date" of this Contract is the date on which the last one of the Seller and Buyer 42 has signed or Initialed and delivered this offer or the final counter-offer. 43* 4. Closing Date: This transaction will close on October 2, 2023 C'Closing Date"), unless specifically 44 extended by other provisions of this Contract The Closing Date will prevail over ail other time periods including, 45 but not limited to, Financing and Due Diligence periods. However, if the Closing Date occurs on a Saturday, 46 Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business 47 day. In the event insurance underwriting is suspended on Closing Date and Buyer is unable tD obtain property 48 insurance, Buyer may postpone closing for up to 5 days after the insurance underwriting suspension is lifted. If 49 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and 50 other Items. 51 6. Extension of Closing Date: If Paragraph 6(b) is checked and Closing Funds from Buyer's lender(s) are not 52 available on Closing Date due to Consumer Financial Protection Bureau Closing Disclosure delivery requirements BAGer , 9122 and Seller LJ (_ I ad=Wedge receipt of a copy of this page, which is 1 of 8 pages. Fla da RedtmG Lteettsed to Alta Star software and 1D1824920.466398 Software and added formaffing ® 2023 Alta Star Software, all rights reserved. * www.altastar.com * (877) 279-8898 Packet Pg. 86 9.A.1.c 53 ("CFPB Requirements), if applicable, then Closing Date shall be extended for such period necessary to satisfy 54 CFPB Requirements, provided such period shall not exceed 10 days. 55 G. Financing: (Check as applicable) 56* (a) 0 Buyer will pay cash for the Property with no financing contingency. specified below ("Financing") within days after Effective Date (Closing Date or 30 days after Effec ' Date, whichever occurs first, if !eft blank) ("Financing Period'). Buyer will apply for Financing within days after Effective Date (5 days if left blank) and will timely provide any and all credit, employment ancial, and other information required by the lender. If Buyer, after using diligence and good faith, Cann btain the Financing within the Prancing Period, either party may terminate this Contract and Buyers t(s) will be returned. (1) ❑New Financing: Buyer will secure a commitment for new third party financin $ or % of the purchase price at (Check one) ❑ a fixed rate not exceed! % ❑ an adjustable interest rate not exceeding °� at origination (a fixed rate a prevailing Interest rate based on Buyers creditworthiness if neither choice is selected). Buy I keep Seller and Broker fully informed of the loan application status and progress and authorizes lender or mortgage broker to disclose all such information to Seller and Broker. (2) ❑ Seller Financing: Buyer will execute a ❑ first ❑ seco urchase money note and mortgage to Seller in the amount of $ bearing a I interest at %and payable as follows: The mortgage, note, and any security agreement be in a form acceptable to Geller and will follow forms generally accepted In the county where Property is located; will provide for a late payment fee and acceleration at the mortgagee's optio uyer defaults; will give Buyer the right to prepay without penalty all or part of the principal at an e(s) with Interest only to date of payment; will be due on conveyance or sale; will provide for ease of contiguous parcels, if applicable; and will require Buyer to keep liability insurance on the P arty, with Seller as additional named Insured. Buyer authorizes Seller to obtain credit, employmen d other necessary information to determine creditworthiness for the financing. Seller will, will 10 days after Effective Date, give Buyer written notice of whether or not Seller will make the loan. (3) Q Mortgage Ass ptIon: Buyer will take title subject to and assume and pay existing first mortgage to 84* LN# in the approximate amount of $ currently payable at 85* $ per month, including principal, interest, ❑ taxes and insurance, and having a 86* other (describe) 87* rest rate of % which L7 will ❑+Hall not escalate upon assumption. Any variance In the mortgage 88 will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase 89* Setters escrow account dollar for dollar. If the interest rate upon transfer exceeds °A or the so* assumption/transfer fee exceeds $ either party may elect to pay the excess, failing 91 which this Contract will terminate; and Buyers deposit(s) will be returned. If the lender disapproves 93* 7. Assignability: (Check one) Buyer C1 may assign and thereby be released from any further liability under this 94* Contract X may assign but not be released from liability under this Contract, or ❑ may not assign this Contract. 95* 8. Title. Seger has the legal capacity to and will convey marketable title to the Property by ❑ statutory warranty 98* deed X special warranty deed ❑ other (specify) , free of liens, easements, 97 and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 98 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any 99* other matters to which title will be subject) Buyer requests to review We policy In order to agree with eft matters disclosed by rifle 100 provided there exists at closing no violation of the foregoing. 101 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and pay 102 for the title search, Including tax and lien search (including municipal lien search) if performed, and all other 103 fees charged by closing agent Seller will deliver to Buyer, at 104* (Check one) ❑ Sellers K Buyers expense and 105* (Check one) IR within 30 days after Effective Date O at least days before Closing Date, 106 (Check one) 107* (1) 0 a title insurance commitment by a Florida licensed title insurer setting forth those matters to be 108 discharged by Seller at or before closing and, upon Buyer recording the deed, an owner's policy in the Buyer and Seller (� U acknowledge receipt of a copy of this page, whtch Is 2 of 8 pages. VA _I 922 C12022 Flodda Rea%=O Llomted to Alta Star Software and ID1824920.4W398 Software and added tomnatting ® 2023 Me Star 8oftware, all rights reserved. * www.altastar oom * (877) 2794898 Packet Pg. 87 9.A.1.c 109 amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is 110 paying for the owner's title Insurance policy and Seller has an owner's policy, Seller will deliver a copy to 111 Buyer within 15 days after Effective Date. 112* (2) ❑ an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 113 existing firm. However, if such an abstract Is not available to Seller, then a prior owners title policy 114 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy will 115 include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy 116 effective date and certified to Buyer or Buyers closing agent together with copies of all documents 117 recited in the prior policy and In the update. If such an abstract or prior policy is not available to Seller, 118 then (1) above will be the tide evidence. 119* (b) Tide Examination: After receipt of the title evidence, Buyer will, within 10 days (10 days if left blank) but 120 no later than Closing Date, deliver written notice to Seiler of title defects. Title will be deemed acceptable to 121 Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and Seller 122* cures the defects within 16 days (30 days if left blank) ("Cure Period') after receipt of the notice. if the 123 defects are cured within the Cure Period, closing will occurwithin 10 days after receipt by Buyer of notice of 124 such cure. Seller may elect not to cure defects if Seller reasonably believes any deflect cannot be cured within 125 the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after receipt of 125 notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept title subject 127 to existing defects and close the transaction without reduction in purchase price. 128 (c) Survey: Buyer may, at Buyers expense, have the Property surveyed and must deliver written notice to 129 Seiler, within 5 days after receiving survey but not later than 5 days before Closing Date, of any 130 encroachments on the Property, encroachments by the Property's improvements on other lands, or deed 131 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a 132 title defect and Sellers and Buyers obligations will be determined in accordance with Paragraph 8(b). 133 (d) Ingress and Egress: Seller warrants that the Property presently has Ingress and egress. 134 9. Property Condition: Seller will deliver the Property to Buyer at closing in its present "as Is" condition, with 135 conditions resulting from Buyers Inspections and casualty damage, if any, excepted. Seller will not engage in or 136 permit any activity that would materially alter the Property's condition without the Buyers prior written consent. 137 (a) inspections: (Check (1) or (2)) 138* (1) 0 Due Diligence Period: Buyer will, at Buyers expense and within W days (30 days if left blank) 139 ("Due Diligence Period") after Effective Date and in Buyers sole and absolute discretion, determine 140 whether the Property is suitable for Buyers intended use. During the Due Diligence Period, Buyer may 141 conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and Investigations 142 ("Inspections") that Buyer deems necessary to determine to Buyers satisfaction the Property's 143 engineering, architectural, and environmental properties; zoning and zoning restrictions; subdivision 144 statutes; soil and grade, availability of access to public roads, water, and other utilities; consistency with 145 local, state, and regional growth management plans; availability of permits, government approvals, and 146 licenses; and other inspections that Buyer deems appropriate. If the Property must be rezoned, Buyer will 147 obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer Is 148 required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, 149 contractors, and assigns, the right to enter the Property at any time during the Due Diligence Period for the 150 purpose of conducting Inspections, provided, however, that Buyer, its agents, contractors, and assigns 151 enter the Property and conduct Inspections at their own risk. Buyer will Indemnify and hold Seller 152 harmless from losses, damages, costs, claims, and expenses of any nature, including attorneys' fees, 153 expenses, and liability incurred In application for rezoning or related proceedings, and from liability to any 154 person, arising from the conduct of any and all Inspections or any worts authorized by Buyer. Buyer will 155 not engage in any activity that could result in a construction lien being filed against the Property without 156 Seuers prior written consent If this transaction does not close, Buyer will, at Buyers expense, @ repair 157 all damages to the Property resulting from the Inspections and return the Property to the condition it was in 158 before conducting the Inspections and (ii) release to Seller all reports and other work generated as a 159 result of the Inspections. 160 Before expiration of the Due Diligence Period, Buyer must deliver written notice to Seller of Buyers 161 determination of whether or not the Property is acceptable. Buyer's fa€lure to comply with this notice 162 requirement will constitute acceptance of the Property as suitable for Buyers intended use In its "as is" 163 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 164 Seller, this Contract will be deemed terminated, and Buyers deposit(s) will be returned. Buyer and Seller C J t_ J advzowredge receipt of a copy of this page, which is 3 of 8 pages. VA414 c9= Fiodda PndWs® to Afta Star Software and ID1824M.466398 Software and added fomratling 0 2023 Alta Slay Software, all rights reserved. * www.albster.com * 1877) 2794898 L T) U) Ta •L d E E 0 U d 0 0 x M 0 m d s rn cc 0 N O 0 0 M N O N J IL m M ti N J u_ x m J Q w Q V a U V s K w y.: m E s co a Packet Pg. 88 9.A.1.c 166 including being satisfied that either public sewerage and water lurt, ro—Fuie- 167 Property will be approved for the I pr vats sewerage disposal system and that lee e 'JStin ReIRMSTIMnent regulations and restrictions, such as subdivision or deed restrictions, 17 171 (b) Government Regulations: Changes In government regulations and levels of service which affect Buyers 172 intended use of the Property will not be grounds for terminating this Contract if the Due Diligence Period has 173 expired or if Paragraph 9(a)(2) Is selected. 174 (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government agencies 175 which flood zone the Property is in, whether flood Insurance is required, and what restrictions apply to 176 improving the Property and rebuilding in the event of casualty. 177 (d) Coastal Construction Control Line (" CCCL" ): If any part of the Property lies seaward of the CCCL as 178 defined In Section 161.053, Florida Statutes, Seller will provide Buyer with an affidavit or survey as required 179 by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The 180 Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that 181 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach 182 nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida 183 Department of Environmental Protection, including whether there are significant erosion conditions associated 184 with the shore line of the Property being purchased. 185- X Buyer waives the right to receive a CCCL affidavit or survey. 186 10. Closing Procedure; Costs: Closing will take place in the county where the Property is located and may be 187 conducted by mail or electronic means. If title Insurance insures Buyer for 6tie defects arising between the title 188 binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to 189 Seller (in local cashier's check if Seiler requests in writing at least 5 days before closing) and brokerage fees to ISO Broker as per Paragraph 21. In addition to other expenses provided in this Contract, Seiler and Buyer will pay the 191 costs indicated below. 192 (a) Seller Costs: 193 Taxes on deed 194 Recording fees for documents needed to cure title 195 Title evidence (if applicable under Paragraph 8) 196 Estoppel Fee(s) 197" Other. 198 (b) Buyer Costs: 199 Taxes and recording fees on notes and mortgages 200 Recording fees on the deed and financing statements 201 Loan expenses 202 Title evidence (if applicable under Paragraph 8) 203 Lender's title policy at the simultaneous issue rate 204 Inspections 205 Survey 206 Insurance tor' Other. 208 (a) Prorations: The following items will be made current and prorated as of the day before Closing Date: real 209 estate taxes (including special benefit tax liens imposed by a CDD), interest, bonds, assessments, leases, and 210 other Property expenses and revenues. If taxes and assessments for the current year cannot be determined, 211 the previous year's rates will be used with adjustment for any exemptions. 212 (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller will 213 pay (i) the full amount of liens that are certified, confirmed, and ratified before closing and (€€) the amount of the 214 last estimate of the assessment if an improvement Is substantially completed as of Effective Date but has not 215 resulted in a Ilen before closing; and Buyer will pay all other amounts. If special assessments may be paid in 216• installments, 0 Seller H Buyer (Buyer if left blank) will pay installments due after closing. if Seller is 217 checked, Seller will pay the assessment in full before or at the time of closing. Public body does not include a 218 Homeowners' or Condominium Association. 219 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 220 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO 221 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY Buyer (_ 1 and Seller (_ } (r) adatoWedge receipt of a copy of this page, which is 4 of 8 pages. VA6:14x dRey 922 Ltoensed to Alta Star Software and ID1824920.488398 Software and added formatlfng ® 2023 Alta Star Software, all rights reserved. • www.albstar.com • (877) 2794898 An ro R J ar E E 0 U m in M 0 x a 0 m d t H ca 0 N O 0 0 M N 0 N J a co Cl) r` J LL x m ro J a w Q U a U U m x w ar E w Q Packet Pg. 89 9.A.1.c 222 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 223 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 224 COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. 225 (f) Foreign Investment In Real Property Tax Act ("FIRPTA"): If Seller is a "foreign person" as defined by 226 FIRPTA, Seiler and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at 227 closing. 228 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a I€ke-kind exchange (either simultaneously with 229 closing or after) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party will cooperate 230 In all reasonable respects to effectuate the Exchange including executing documents, provided, however, that 231 the cooperating party will incur no liability or cost related to the Exchange and that the closing will not be 232 contingent upon, extended, or delayed by the Exchange. 233 11. Computation of Time: Calendar days will be used when computing time periods, except time periods of 5 days 234 or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 235 holidays specified in 5 U.S.C. 6103(a). Other than time for acceptance and Effective Date as set forth in Paragraph 236 3, any time periods provided for or dates specified in this Contract, whether preprinted, handwritten, typewritten or 237 inserted herein, which shall end or occur on a Saturday, Sunday, or national legal holiday (see 5 U.S.C. 6103) 238 shall extend until 5:00 p.m. (where the Property is located) of the next business day. Time Is of the essence in 239 this Contract. 240 12. Risk of Loss; Eminent Domain: If any portion of the Property is materially damaged by casualty before closing 241 or Seller negotiates with a governmental authority to transfer all or part of the Properly in lieu of eminent domain 242 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may 243 terminate this Contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification, 244 and Buyer's deposit(s) will be returned, failing which Buyer will close in accordance with this Contract and receive 245 all payments made by the governmental authority or Insurance company, If any. 246 13. Force Majeure: Seller or Buyer will not be required to perform any obligation under this Contract or be liable to 247 each other for damages so long as the performance or non-performance of the obligation is delayed, caused, or 248 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes, 249 earthquakes, floods, fire, unusual transportation delays, wars, Insurrections, and any other cause not reasonably 250 within the control of Seller or Buyer and which by the exercise of due diligence the non -performing party is unable 251 in whole or in part to prevent or overcome. All time periods, including Closing Date, will be extended for the period 252 that the act of God or force majeure is In place. However, in the event that such act of God or force majeure event 253 continues beyond 30 days, either party may terminate this Contract by delivering written notice to the other, and 254 Buyer's deposit(s) will be returned. 255 14. Notices: All notices will be In writing and delivered to the parties and Broker by mail, personal delivery, or 258 electronic means. Buyers failure to timely deliver written notice to Seller, when such notice is required by 257 this Contract, regarding any contingency will render that contingency null and void, and this Contract will 258 be construed as If the contingency did not exist. Any notice, document, or item delivered to or received by 259 an attorney or licensee (including a transactions broker) representing a party vAll be as effective as If 260 delivered to or received by that party. 261 16. Complete Agreement; Persons Bound: This Contract is the entire agreement between Seller and Buyer. 282 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker unless 263 Incorporated Into this Contmat. Modifications of this Contract will not be binding unless in writing, signed or 284 Initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This 265 Contract, signatures, initials, documents referenced in this Contract, counterparts, and written modifications 266 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. 267 Handwritten or typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any 268 provision of this Contract Is or becomes invalid or unenforceable, all remaining provisions will continue to be fully 269 effective. Seller and Buyer will use diligence and good faith in performing all obligations under this Contract. This 270 Contract will not be recorded in any public record. The terms "Seller," "Buyer," and "Broker" may be singular or 271 plural. This Contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if 272 permitted, of Seller, Buyer, and Broker. 273 16. Default and Dispute Resolution: This Contract will be construed under Florida law. This Paragraph will survive 274 closing or termination of this Contract. 275 (a) Seller Default: If Wier falls, neglects, or refuses to perform Sellers obligations under this Contract, Buyer 276 may elect to receive a return of Buyers deposit(s) without thereby waiving any action for damages resulting Buyer and Seller U (_...__) acknowledge receipt of a copy of this page, which is 5 of 8 pages. VL[oan4 m Alfa Star Software and fD18Z4920.48H388 �� RBaSmCrB® Software and added f nnatting ® 2023 Alfa star Sa tware, all rights reserved. • www altastar oom • (877) 2794898 4 rn R ar E E 0 U m 0 M 0 x a 0 m d ka 0 N 0 0 0 M N 0 N J a ko Cl) r` N J U. x m rn J a a w a U a U U m x w a: m E w a Packet Pg. 90 9.A.1.c 277 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also be 278 liable for the full amount of the brokerage fee. 279 (b) Buyer Default: If Buyer falls, neglects, or refuses to perform Buyer's obligations under this Contract, 280 Including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the 281 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages, 282 consideration for execution of this Contract, and in full settlement of any claims, 2 284 , .. _ �_.�_a_ A_...,, .., _.�t_ 286 17. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to 286 recover from the non -prevailing party costs and fees, Including reasonable attorney's fees, incurred in conducting 287 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract. 288 18. Escrow Agent; Closing Agent: Setter and Buyer authorize Escrow Agent and closing agent (collectively gas "Agent) to receive, deposit and hold funds and other items in escrow and, subject to Collection, disburse them 290 upon proper authorization and in accordance with Florida law and the terms of this Contract, including disbursing 291 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and 292 finally collected and deposited in the account of Agent The parties agree that Agent will not be liable to any person 293 for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this 294 Contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay the filing fees 295 and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed 296 funds or equivalent and charged and awarded as court costs in favor of the prevailing party. 297 19. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 298 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting this 299 Contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 300 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, 301 property condition, environmental, and other specialized advice. Buyer acknowledges that all representations 302 (oral, written, or otherwise) by Broker are based on Seller representations or public records. Buyer agrees to rely 3a3 solely on Seller, professional inspectors, and government agencies for verification of the Property 304 condition and facts that materially affect Property value. Seller and Buyer respectively will pay all costs and 305 expenses, including reasonable attorneys' fees at all levels, incurred by Broker and Broker's officers, directors, 306 agents, and employees in connection with or arising from Seller's or Buyer's misstatement or failure to perform 307 contractual obligations. Seller and Buyer hold harmless and release Broker and Broker's officers, directors, 308 agents, and employees from all liability for loss or damage based on (i) Seller's or Buyer's misstatement or failure 309 to perform contractual obligations; (ii) the use or display of listing data by third parties, Including, but not limited to, 310 photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, and remarks related 311 to the Property; (111) Broker's performance, at Seller's or Buyer's request, of any task beyond the scope of 312 services regulated by Chapter 475, Florida Statutes, as amended, including Broker's referral, recommendation, or 313 retention of any vendor; (iv) products or services provided by any vendor, and (v) expenses incurred by any 314 vendor. Seller and Buyer each assume full responsibility for selecting and compensating their respective vendors. 315 This Paragraph will not relieve Broker of statutory obligations. For purposes of this Paragraph, Broker will be 316 treated as a party to this Contract This Paragraph will survive closing. 317 20. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by 318 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales 319 Commission Lien Act provides that when a broker has earned a commission by performing licensed services 320 under a brokerage agreement with you, the broker may claim a lien against your net sates proceeds for the 321 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. 322 21. Brokers: The licensees) and brokerage(s) named below are collectively referred to as "Broker." Instruction to 323 closing agent: Seiler and Buyer direct Closing Agent to disburse at Closing the full amount of the brokerage 324 fees as specified in separate brokerage agreements with the parties and cooperative agreements between the 325 Brokers, except to the extent Broker has retained such fees from the escrowed funds. This Paragraph will not be 326 used to modify any MLS or other offer of compensation made by Seller or listing broker to cooperating brokers. 327• David J Stevens Eric Edwards 328 Seller's Sales Associate/License No. Buyer's Sales Associate/License No. Btryer'�(_) and Seller U L� adknowiedge receipt of a copy of this page, which is 6 of 8 pages. VAG14 8/22 a= Flodda RWtMM UOen to Alta Star sofhvm and lD1824920.488398 80thme and added Torrttaatlng ® 2023 Alta Star Software, ail rights reserved. • www.aMatiir.com • (877) 279-8898 t2 •L r =a rn Ta L d E E 0 U ar rn 0 0 ca 0 m ar m CD 0 kV O 0 0 M N 0 CV J a Packet Pg. 91 9.A.1.c 329+ dayldMocnaples.com eedwardsogwestcom 330 Seller's Sales Associate Email Address Buyers Sales Associate Email Address 331 332" 239-777-1042 239.877-3958 333 Sellers Sales Associate Phone Number Buyers Sales Associate Phone Number 334 335" Investment Properties Corporation LandQwest Commercial Naples LLC 336 LlstIng Brokerage Buyers Brokerage 337 338 3838 Tamiami Tr N Ste 402 Naples F134103 3666 Kraft Rd Naples FL 34105 339• Listing Brokerage Address Buyers Brokerage Address 34o 22. Addenda: The following additional terms are included in the attached addenda and incorporated into this Contract 341 (Check if applicable): 342• ❑ A. Back-up Contract 343• ❑ B. ICck Out Clause 344" ❑ C. Other 345" 23. Additional Terms: 346 1. Buyer requests from Seft = and all documentaeon an the property to the extent that It exists and Is ►vitirin 347 Seller's 348 possession to be delivered within 5 business days after execution of the contract 349 350 2. In the event of buyer default the only setter remedy Is buyer fb& ture of all deposits and any extension 351 deooslts. - 352 353 354 3 R- er may at Its option extend the closina date with two (2) thirty (30) day extensions by sendina 355 mrritfen notice to the seller depositing $25000 for each 3044v extension (The extension deposits! into escrow 356 extension 357 sfegosits shall be non refundable to the buyer but applicable to tire izurchaseprice at c os na. 358 359 3W 361 COUNTER-OFFER/REJECTION 362* ❑ Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter -offered terms and 363 deliver a copy of the acceptance to Seller). 3W ❑ Seller rejects Buyer's offer 3es This is Intended to be a legally binding Contract. If not fully understood, seek the advice of an attorney before 366 signing. The Boat House of Cape Coral, LLC 367* Buyer. Date: 368" Print ram 1��(an� rode 369" Buyer: Date: 370" Print name: 371 Buyers address for purpose of notice: 372• Address. 1516 SE 46th St Cape Coral. FL 33904 37e Phone. .314- 631-0112 Fax: Email: 0-4 JJF Stoninoon LLC 374' 375. 376" 377' Seller. Print name: Seller. _, Print name: Date: Date: Buyer ) and Seller ( l { ) acknowledge receipt of a copy of this page, which is 7 of 8 pages. vAG14 912 MM Ratda RaWWrs® Uowmd to Alta Star Software and ID1824920.466398 Software and added formatting ® 2023 Alta Star Software, all rights reserved. • www.ahastar.com • (877) 279-8888 Packet Pg. 92 9.A.1.c 37a sellers address for purpose of nonce: 379" Address: 569 Steamboat Rd. Greenwich. CT 06830 380' Phone: Fax: Email: Florida REALTORS* makes no representation as to the legal validity or adequacy of any provision of this form in any speafc transaction. This standardized forth should not be used in complex transactions or with extensive riders or adddiom This form Is availabts for use by the entfre real estate industry and is not intended to Wentffy the user as REALTOR° RFALTOR° Is a registered ociledive membership mark which may be used only be real estate liowmas who are members of the NATIONAL ASSOCIATION OF REALTORS° and who subscribe to Its Coda of Ethics. The copyright laws d United States (17 U.S. Code) forbid the umsuthodzed reproduction of this form by any means IncludIng facsim€le or computerized fors Buyer arid Seller (_� U acknowledge neoelpt of a copy of this page, which is 8 of 8 pages. VAG1 Rev 9Q2 C= Florida Reaftcrs® Licensed to A t8 Star Software and ID1824920.466388 Software and added formatting ® 2023 Alta Star Software, all rights reserved. • www.altastar.com • (877) 278-8898 Packet Pg. 93 EXHIBIT II. Co er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov nROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: C Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership JJF Stonington, LLC 100% Officers Include: John Fareri 99% Brenda Fareri 1 % If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership 01/2023 Pa Packet Pg. 94 C( ey county 0 e f [* Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the 'I IIL.CI J, JLut- IUIUCI J, UCI ICI IL.IQI ICJ, UI PCII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: 01/2023 Pa Packet Pg. 95 C( er county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: _, or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. 1 understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov 6/1 /2023 Agent/Owner Signature Date Jessica Harrelson, AICP - Agent Agent/Owner Name (please print) 01/2023 Pa Packet Pg. 96 9.A.1.c PENINSULA OZ ENGINEERING BOAT HOUSE COMMERCIAL SUBDISTRICT PROJECT NARRATIVE, CONSISTENCY & EVALUATION CRITERIA EXHIBIT V.D.1 Project Information The subject site is comprised of two (2) parcels, collectively 3.5-acres in size, and located north of Davis Boulevard and south of Radio Lane in Naples, Florida in Section 3, Township 50 South and Range 26 East. The site is within the C-3 zoning district and is designated Urban Mixed -Use District, Urban Residential Subdistrict, per the Future Land Use Map of the Collier County Growth Management Plan. The site is surrounded by rights -of -way and developed commercial. SURROUNDING ZONING/LAND USE TABLE LOCATION FROM ZONING LAND USE PROPERTY North Woodside Lanes PUD and MAC RPUD Developed Commercial/Residential Davis Blvd/ Required Preserve South Cedar Hammock Golf & Country Club PUD (conservation) Developed Commercial East C-3 (Gas Station) Radio Rd/ Developed Commercial West C-3 (Gas Station) Details of Request This request involves a site -specific map and text amendment to the Future Land Use Element of the Collier County Growth Management Plan, requesting to establish a Subdistrict within the Urban Commercial District. The proposed Boat House Commercial Subdistrict will permit a maximum of 32,500 SF of gross floor area of permitted and conditional uses allowed by the C-3 zoning district or up to 20,000 SF of gross floor area of boat sales and boat/engine service and repairs. The permitted uses include those within the C-3, Commercial Intermediate District, which the property is currently entitled, and the addition of boat sales and boat/engine service and repairs. Boat House Commercial Subdistrict G M PA-P L20230002069 August 15, 2023 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. 97 W9.A.l.c PENINSULA�� ENGINEERING The proposed new uses (boat sales/repairs) are permitted within the C-5 zoning district. The increase in commercial intensity on the property requires the need for a Growth Plan Amendment. The property's existing zoning is consistent with the Future Land Use Element by Policy 5.12, per Map FLUE-11 and is labeled as 'Having an Exception or Compatibility Exception'. The C-3 zoning district currently permits comparable land uses to those proposed. As an example, 'Marina' (SIC 4493), is a permitted use within the C-3 zoning district. Marina, per the LDC definition below, include boat sales. Marina: A boating facility, chiefly for recreational boating, located on navigable water frontage, and providing all or any combination of the following: boat slips or dockage, dry boat storage, small boat hauling or launching facilities, marine fuel and lubricants, marine supplies, bait and fishing equipment, restaurants, boat and boat motor sales, and rentals. Does not include dredge, barge, or other work - dockage or service, boat construction or reconstruction, or boat sales lot. Additionally, several of the C-3 land uses currently entitled on the property are more intense to boat sales/repairs as they relate to traffic, noise and hours of operation, such as 'Gas Stations' and 'Eating Places'. The site's proximity to Interstate-75 and location in a high -traffic volume area make the property appropriate for the intense commercial development. The companion PUD rezone will address compatibility with the surrounding neighborhood by limiting hours of operation, implementing lighting design standards to prevent light pollution, require an increased buffer along the northern property line, inclusive of an 8' solid wall, and permit maximum building heights and setbacks comparable to surrounding properties. Consistency with Florida Statutes 163.3177(6)(a)(2)— Required and Optional Elements of a Comprehensive Plan The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. Response: The proposed Boat House Commercial Subdistrict is 3.5-acres. The size of the property and surrounding land use patterns can accommodate growth and/or expansions. Please refer to the Needs Analysis, prepared byZonda. b. The projected permanent and seasonal population of the area. Response: The proposed Subdistrict does not include residential development; therefore, the Subdistrict has no impact to population in the County. Please refer to the Needs Analysis, prepared by Zonda c. The character of undeveloped land. Boat House Commercial Subdistrict G M PA-P L20230002069 August 15, 2023 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 2 Packet Pg. 98 9.A.l.c PENINSULA'ENGINEERING * Response: See the Environmental Data and Survey for information related to the character of Land. d. The availability of water supplies, public facilities, and services. Response: Collier County Public Utilities will service water and sewer to the development. Existing public facilities, services and infrastructure are available to accommodate the project. Please refer to the Level of Service Analysis, Public Facilities Map and Traffic Impact Statement. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. Response: There are no blighted areas or nonconforming uses. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. Response: The site is not near or close to any military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. Response: The site is not near or close to any airports. h. The discouragement of urban sprawl. Response: The proposed Subdistrict involves a request for commercial infill development and is within an established, developed area of Collier County. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. Response: The proposed Subdistrict proposes commercial development, providing for job opportunities and contributing to the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Response: The site is surrounded by rights -of -way and commercial development, making the site appropriate for commercial infill development. The site is currently permitted land uses within the C-3 zoning district. The proposed Subdistrict, and companion PUD, will add boat sales and boat/engine service and repairs as permitted land uses. Please refer to the Needs Analysis, prepared by Zonda. Boat House Commercial Subdistrict GMPA-PL20230002069 August 15, 2023 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. 99 W9.A.1.c PENINSULA�� ENGINEERING Section 163.3187(1) — Process for Adoption of Small -Scale Comprehensive Plan Amendment 1. A small-scale development amendment maybe adopted under the following conditions: a. The proposed amendment involves a use of 50 acres or fewer and: Response: The proposed developed involves 3.5-acres; therefore, the development may be adopted under a small-scale comprehensive plan amendment. The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site -specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small-scale future land use map amendment shall be permissible under this section. Response: The proposed amendment does not involve any text amendments to the goals, policies and objectives of the Collier County Growth Management Plan, but alternatively proposes a land use change to the Collier County Future Land Use Map for a site -specific, small-scale development activity. The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of S. 420.0004(3), and is located within an area of critical state concern designated by S. 380.0552 or by the Administration Commission pursuant to S. 380.05(1). Response: The subject property is located outside of the Area of Critical State Concern. Consistency with the Collier County Growth Management Plan Future Land Use Element 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). Response: The proposed Subdistrict is directly adjacent to rights -of -way along the north, west and south and a developed gas station to the east. Boat House Commercial Subdistrict G M PA-P L20230002069 August 15, 2023 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. 100 9.A.1.c PENINSULA'ENGINEERING * The companion PUD rezone provides development standards to address compatibility with adjacent land uses. A 25' wide buffer including an 8' solid wall will be provided along the northern property line to mitigate impacts to residential development beyond on the Radio Lane right-of-way. Proposed building heights are consistent with surrounding zoning and land uses. The companion rezone will also contain hours of operation and a maximum trip count to further address compatibility with the neighborhood. The property's location, being surrounded by rights -of -ways and commercial development, make the site appropriate for more intense commercial land uses. 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. Response: The proposed Subdistrict will have direct access to Radio Lane. Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. Response: The proposed Subdistrict will have direct access to Radio Lane and will provide internal circulation. 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. Response: The site will have its main point of ingress/egress along Radio Lane. A potential future interconnect has been added along the eastern property line. Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. Response: The proposed Subdistrict involves a request for commercial infill development. Boat House Commercial Subdistrict GMPA-PL20230002069 August 15, 2023 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 5 Packet Pg. 101 W9.A.1.c PENINSULA�� ENGINEERING Transportation Element 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. Response: Refer to the Traffic Impact Statement, prepared by Trebilcock Consulting Solutions. Conservation and Coastal Management Element Objective 6.1 Protect native vegetative communities through the application of minimum preservation requirements. Response: The development will comply with applicable federal and state permitting requirements regarding listed species protection, as necessary. Objective 7.1 Direct incompatible land uses away from listed animal species and their habitats. Response: A listed species survey has been conducted on the project site in accordance with Florida Fish and Wildlife Conservation Commission (FWCQ and U.S. Fish and Wildlife Service (USFWS) guidelines. A listed species management plan was included in the Environmental Data Report for approval by the County. The development will comply with applicable federal and state permitting requirements regarding listed species protection. Boat House Commercial Subdistrict G M PA-P L20230002069 August 15, 2023 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. 102 9.A.1.c EXHIBIT V.0 THE BOAT HOUSE PARCEL Environmental Data for PUDZ/GMPA SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Collier County Growth Management Division Collier County 2800 North Horseshoe Drive Naples, FL 34104 Prepared By: Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 EARTH TECH 239.304.0030 ENVIRONMENTAL www.eteflorida.com May 2023 Packet Pg. 103 9.A.1.c Environmental Data for PUDZ/GMPA EXHIBITS Figure 1 Location Map Figure 2 Aerial with FLUCCS Map Figure 3 Site Plan APPENDICES APPENDIX A Earth Tech Environmental Staff Qualifications APPENDIX B Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 104 9.A.1.c Environmental Data for PUDZ/GMPA INTRODUCTION The purpose of this document is to satisfy the Environmental Data requirements (LDC Section 3.08.00) for a Planned Unit Development Zoning (PUDZ) and GMPA (Growth Management Plan Amendment) for the parcel referred to as The Boat House Parcel (Subject Property). This information is in response to the items in the PUDZ/ GMPA Pre -Application Notes as provided by Collier County. PROPERTY LOCATION The Subject Property for this report consists of two parcels (Folios: 00399200003, 00399320006) located off the north corner of Davis Boulevard and Radio Road in Collier County, Florida. According to the Collier County Property Appraiser GIS data, the Subject Property totals approximately 3.51 acres. See Figure 1 below for a location map. Figure 1. Location Map Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 105 9.A.1.c Environmental Data for PUDZ/GMPA ENVIRONMENTAL DATA CHECKLIST See page 3.A.3 of Collier County Pre-App Notes 1. Provide the EIS fee if PUD or CU. If applicable, see enclosed fee included with application. 2. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. This report was prepared by Earth Tech Environmental LLC. See Appendix A for staff qualifications 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. See Figure Z Aerial with FLUCCS Map and vegetation descriptions below. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 106 9.A.1.c Environmental Data for PUDZ/GMPA 's >a.. l it s ,4 �..rt ► 4Ok s y■T,'� v X RR A _ Subject Property 624-E2, Cypress - Pine - Cabbage Palm (26-50% Exotics) _ Figure 2. Aerial FLUCCS Map FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics) This community is found in the majority of the Subject Property. The canopy consists of slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), and *earleaf acacia (Acacia auriculiformis). Mid -story consists of saw palmetto (Serenoa repens), cabbage palm, laurel oak, *java plum (Syzygium cumini) and *Brazilian pepper (Schinus terebinthifolia). Ground cover consists of slash pine recruitment, bracken fern (Pteridium aquilinum), common ragweed (Ambrosia artemisiifolia), *Caesarweed (Urena lobata) and *shrubby false button weed (Spermacoce verticillate). Vines are present throughout the property in relatively low densities and include grapevine (Vitus rotundifolia), eastern poison ivy (Toxicodendron radicans), and greenbrier (Smilax spp.). FLUCCS 624-E2, Cypress — Pine — Cabbage Palm (26-50% Exotics) This community is found in the southern corner of the Subject Property. The canopy consists of slash pine, cabbage palm, bald cypress (Taxodium distichum), laurel oak (Quercus laurifolia), and *melaleuca (Melaleuca quinquenervia). Mid -story consists of coca plum (Chrysobalanus icaco), saw palmetto, cabbage palm, laurel oak, and *Brazilian pepper. Ground cover was void of vegetation. Vines are present throughout the property in relatively low densities and include grapevine, eastern poison ivy, and greenbrier. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 107 9.A.1.c Environmental Data for PUDZ/GMPA 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. Not applicable, the Subject Property does not contain more than five (5) or more acres of wetlands 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. The project will be permitted through the SFWMD once the PUDZ/GMPA is approved. The specifics of the water management system will be determined at that time. 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 FLU CFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. See Master Plan. 7. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed, or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered A Protected Species Survey was conducted in April 2023. See Appendix B for Protected Species Survey. 8. Provide a survey for listed plants identified in 3.04.03 See Protected Species Survey in Appendix B. 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 FLU CFCS 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. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 108 9.A.1.c Environmental Data for PUDZ/GMPA No bald eagles' nest has been documented from FWC nor observed during the Protected Species Survey. Species specific management plans, if needed, will be provided during permitting. See Protected Species Survey in Appendix B. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25-year rezone limitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10-year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. Not applicable, the Subject Property has not been cleared of native vegetation nor is in agricultural operation. 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 FLU CFCS 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 flow ways or other natural land features, located on abutting properties. See Figure 2 above. Total acres: 3.51 acres Existing Native Vegetation Present (Based on FLUCCS) = 3.51 acres Preserve Required = 3.51 acres x 10% = 0.35 acres Proposed Preserve Provided = 0.36 acres The proposed preserve is 0.36 acres, which reaches the required amount based on the criteria pursuant to 3.05.07. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 109 Environmental Data for PUDZ/GMPA 9.A.1.c RADIO LN Figure 3. Site Plan Property tails )isplay Area / ipe Buffer Pavement d° P�\5O IVI Preserve O 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. See Master Plan. 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. Not applicable — preserve will be on site. 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. ETE is not aware of any additional environmental audits. 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 Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 110 9.A.1.c Environmental Data for PUDZ/GMPA gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as pali 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. Not applicable. 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. Not applicable. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. Not applicable. 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. Not applicable. 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. Not applicable. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 111 9.A.1.c Environmental Data for PUDZ/GMPA 20. Demonstrate that the design of the proposed storm water management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. The project will be permitted through the SFWMD once the PUDZ/GMPA is approved. The specifics of the water management system will be determined at that time. 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. Not applicable. 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. Not applicable. 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. Not applicable. 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. See Master Plan. b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. CCME GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: Protect native vegetative communities through the application of minimum preservation requirements... Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 112 9.A.1.c Environmental Data for PUDZ/GMPA The required preserve area is 10% of existing native vegetation (see response #11 above), which will be designated in the northwestern corner of the Subject Property. See Figure 3 above for proposed preserve location. CCME GOAL 7: TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: Direct incompatible land uses are directed away from listed species and their habitats A listed species survey was conducted on the Subject Property in April 2023, with no evidence of listed species. The Subject Property is largely isolated and surrounded by development, minimizing the chances of utilization by listed species. See Appendix B for the Protected Species Survey and Comment 6 above. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. See #24b above. 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. Onsite wetlands are isolated and are of low quality. The wetlands will be impacted and recreated onsite. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. A pre -clearing survey will be conducted prior to construction to minimize wildlife impacts. 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. See this report and attached appendices. 26. Is EAC Review (by CCPC) required? No applicable. 27. PUD master plan or PPL/SDP site plan notes: Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 113 9.A.1.c Environmental Data for PUDZ/GMPA See Master Plan. 28. Additional Comments None. 29. Stipulations for approval (Conditions) None. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 114 9.A.1.c Environmental Data for PUDZ/GMPA ENVIRONMENTAL CHECKLIST- PUDZ-PUDA (NON-RFMU) See page 3.A.7 of Collier County Pre-App Notes 1. Is the project 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 The project will be a PUDZ/GMPA and will be in compliance with zoning. 2. Submit a current aerial photograph 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.I. Application Contents #24). FLUCFCS Overlay — P627 See # 3 and Figure 2 above. 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 See #11 above, Figure 3, and see Master Plan. 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.1.d-e). Preserve Calculation — P547 See #11 above. 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve Width — P603 See Master Plan. The proposed preserve is a minimum of 20' wide as required by the LDC. 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 The Subject Property is bordered by roads and development on all sides. The habitat type on the site is consistent throughout. Onsite wetlands are isolated and are of low quality. The wetlands will be impacted and recreated onsite and placed in preservation. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 115 9.A.1.c Environmental Data for PUDZ/GMPA 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 Appropriate buffers have been acknowledged. See Master Plan. 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 A wildlife survey has been conducted in April 2023. Please see Appendix B. 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 — P522 See #2 above, and Earth Tech Environmental Staff Qualifications document in Appendix A. 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 See Master Plan. 11. If the PUD includes a Preserve Tract section When listing preserve uses, the following is suggested: A. Principal Use: Preserve; B. Accessory Uses: All other uses (list as applicable or refer to the LDC - see 1-3 below as typical uses listed by agents) (ensure the text states "subject to LDC section related to Allowable uses within County required preserves" Acknowledged. 12. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. The Subject Property is largely isolated and surrounded by development, minimizing the chances of utilization by listed species. No signs of listed species were observed on the property. See Protected Species Survey in Appendix B. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 116 9.A.1.c Environmental Data for PUDZ/GMPA 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? Cross sections will be provided in future applications as part of engineering submittals. CCME GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: Protect native vegetative communities through the application of minimum preservation requirements... See #24b above. CCME GOAL 7: TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: Direct incompatible land uses are directed away from listed species and their habitats... The Subject Property is largely isolated and surrounded by development, minimizing the chances of utilization by listed species. No evidence of listed species was observed on the Subject Property. See #24b above Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 117 9.A.1.c Environmental Data for PUDZ/GMPA Earth Tech Environmental Staff Qualifications Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 118 9.A.1.c Mr. McAuley joined Earth Tech Environmental, LLC (ETE) in 2017 and brings with him 8 years of experience working as a Hydrogeologist II and Environmental Consultant in New r ! York State prior to moving to Florida. Andrew graduated from Hofstra University with a JF1 Bachelor of Science Degree in Geology. Since joining ETE he has been able to apply his past experience from New York on a variety of projects as well as become extensively ►\ familiar with Ecological based assessments and agency regulations. Relevant Experience Andrew's extensive background includes Phase I Environmental Site Assessments (ESAs), Phase 11 ESAs, Phase III remedial oversight, AST/UST removal, Soil/Groundwater/Indoor t' Air Quality sampling reporting, Mold/Lead/Asbestos sampling and remedial protocol reporting. In New York Andrew has overseen various projects including Brownfields sites, Landfill Gas Extraction System installation, Monitoring Well/Remediation System i) Installation/Maintenance, and multiple Chem ical/Petroleum/Bio-Hazard Waste Cleanup projects. ANDREW MCAULEY Senior Environmental Consultant e: andrewm@eteflorida.com t: 239.304.0030 m: 516.647.9699 Years' Experience 12 years Education/Training B.S. Geology Hofstra University (2006) Lamont -Doherty Earth Observatory Intern Columbia University (2004) Professional Affiliations Florida Association of Environmental Professionals (FAEP) Since joining ETE Andrew has expanded his experience into Ecological Assessments such as Protected Species Surveys, Wetland Determinations, Vegetation/Hydrology Monitoring, Submerged Resource Surveys, and Environmental Resource Permitting. Andrew's work experience includes: Phase I ESAs Phase II ESA Sampling/Reporting Phase III Remedial Oversight/Reporting Project Management/Coordination Wetland Jurisdictional Determinations Wetland Mapping/Flagging Chemical/Petroleum/Bio-Hazard Cleanup Vegetation Monitoring Monitoring Well Installation/Maintenance Protected Species Surveys Air-Sparge/Soil Vapor Extraction Systems Bonneted Bat Surveys Groundwater Assessments Indoor Air Quality Assessments Contaminated Soil Assessments Waste Classification Management Turbidity Monitoring Mold/Lead/Asbestos Assessments AST/UST Removal Mangrove Monitoring Gopher Tortoise Surveys GIS Mapping Bald Eagle Monitoring Ecological Assessments Environmental Resource Permitting Exotic Plant Treatment/Removal Submerged Resource Surveys Seagrass Surveys Relevant Certifications/Credentials SDI Open Water SCUBA Diver, SCUBAdventures, 2018 Nitrox Certified Diver, SCUBAdventures, 2018 Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent (Permit No: GTA-19-00093) A N EARTH TECH ENVIRONMENTAL 239.304.0030 1 www.eteflorida.com Packet Pg. 119 9.A.1.c CONOR GOULDING Environmental Consultant e: conorg@eteflorida.com t: 239.304.0030 m: 239.331.0168 Years' Experience 4 years Mangrove Monitoring Artificial Reef Deployments Education/Training Seagrass Monitoring Drone Mapping and Photography Mr. Gouldingjoined Earth Tech Environmental LLC (ETE) in April 2019 and holds the position of Environmental Consultant. He graduated from Virginia Tech with a Bachelor of Science degree in Natural Resource Conservation. Relevant Experience Conor's familiarity with southwest Florida ecosystems encompasses estuarine and marine ecosystems. Before ETE, Conor worked at Mote Marine Laboratory as the in-house photographer, who maintained the research institutes photo archives and produced photos for marketing and research purposes. He also assisted in projects such as snook tagging, spotted eagle ray tagging, and whale shark identification photography. Conor was originally hired at ETE as a GIS Technician, where he created various exhibits, including tracking maps, FLUCCS maps, and site plans. Since joining ETE, Conor has gained valuable experience in a multitude of fields in both terrestrial and marine ecosystems, which includes protected species surveys, ecological assessments, wetland determinations and delineations, vegetation monitoring, bald eagle monitoring, crested caracara surveying, environmental resource permitting, artificial reef fish monitoring, submerged resource surveys, and turbidity monitoring. Conor has also become a certified drone pilot to conduct vegetation monitoring, bird rookery monitoring, and time -lapses for site development. Conor has also become an Authorized Gopher Tortoise Agent in the designated activities of gopher tortoise surveying, gopher tortoise capture, and transportation of gopher tortoises. B.S. Natural Resource Conservation Virginia Tech (2014) Software Experience ArcGIS Adobe Lightroom Adobe Photoshop Adobe InDesign Geo Tremble 7x Professional Affiliations Florida Association of Environmental Professionals (FAEP) Conor's work experience includes: Protected Species Surveys Shorebird Monitoring Artificial Reef Fish Monitoring Submerged Resource Surveys Site and Aerial Photography Seagrass Surveys Preserve Monitoring Georeferencing Imagery GIS / GPS Mapping and Exhibits Vegetation & Habitat Monitoring Crested Caracara Surveying Gopher Tortoise Surveys Wetland Determinations Native Tree Surveys / Inventories Urban Forest Mapping Turbidity Monitoring Bald Eagle Monitoring Gopher Tortoise Permitting Relevant Certifications/Credentials SSI Advanced/ Rescue Diver, SCUBAdventures, 2014 Nitrox Certified Diver, SCUBAdventures, 2014 Remote Pilot — Small Unmanned Aircraft System Certification, FAA, 2020 BoatU.S. Foundation's Online Boating Safety Course, 2021 Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent (Permit No: 22-00058) EARTH TECH ENVIRONMENTAL 239.304.0030 1 www.eteflorida.com Packet Pg. 120 9.A.1.c Environmental Data for PUDZ/GMPA APPENDIX B Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 121 9.A.1.c THE BOAT HOUSE PARCEL PROTECTED SPECIES SURVEY SECTION 3, TOWNSHIP 50, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Peninsula Engineering 2600 Golden Gate Parkway Naples, FL 34105 Prepared By: Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 EARTH TECH 239.304.0030 ENVIRONMENTAL www.eteflorida.com April 2023 Packet Pg. 122 9.A.1.c Protected Species Survey TABLE OF CONTENTS 1.0 INTRODUCTION....................................................................................................................................... 3 2.0 LOCATION................................................................................................................................................ 3 3.0 SPECIES SURVEY MATERIALS & METHODS.............................................................................................4 4.0 EXISTING SITE CONDITIONS....................................................................................................................4 5.0 RESULTS...................................................................................................................................................9 6.0 REFERENCES..........................................................................................................................................16 EXHIBITS Figure 1 Site Location Map Figure 2 Aerial Map Figure 3 FLUCCS Map with Aerial Figure 4 FLUCCS Map Figure 5 Transect & Field Results Map Figure 6 Bald Eagle Information Figure 7 Florida Bonneted Bat Consultation Area Figure 8 Florida Panther Information Figure 9 Florida Black Bear Information Figure 10 Wood Stork Information Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 123 Protected Species Survey 9.A.1.c 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted a Protected Species Survey (PSS) to search for listed species on the property referred to as The Boat House Parcel (Subject Property). This assessment was conducted by ETE ecologists on April 261", 2023. The purpose of this assessment was to evaluate the Subject Property for the potential presence of listed species of concern based on the determined Florida Land Use Cover and Forms Classification System (FLUCCS) vegetation. ETE warrants that the findings contained in this report have been prepared in general conformance with current professional practices at the time of report preparation and have not been verified by regulatory agencies. Future changes in standards, practices, or regulations cannot be anticipated and have not been addressed. The observations and recommendations presented in this report are time -dependent and the findings presented in this report apply solely to site conditions existing at the time when the assessment was performed. 2.0 LOCATION The Subject Property for this report consists of two parcels (Folios: 00399200003, 00399320006) located off the north corner of Davis Boulevard and Radio Road in Collier County, Florida. According to the Collier County Property Appraiser GIS data, the Subject Property totals approximately 3.51 acres. See Figure 1 below for a location map. 0.1 Figure 1. Site Location Map Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 124 9.A.1.c Protected Species Survey 3.0 SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida." This methodology is as follows: Existing vegetation communities or land -uses on the Subject Property are delineated on a recent aerial photograph (Collier County 2022) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in Figures 3-4. The resulting FLUCCS codes are cross-referenced with a list of protected plant and animal species. The lists were obtained from two agency publications: ❖ "Florida's Endangered Species, Threatened Species & Species of Special Concern -Official Lists", December 2022. ❖ "Notes on Florida's Endangered and Threatened Plants", Bureau of Entomology, Nematology and Plant Pathology, Florida Department of Agriculture and Consumer Services, 2010. The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See Table 3 of this report for the species list that applies to the FLUCCS communities associated with the Subject Property. In the field, each FLUCCS community was searched for listed species or signs of listed species. This was accomplished by walking a series of pedestrian transects through the Subject Property to achieve approximately 80% coverage. Signs or sightings of all listed and non -listed species were then recorded. Based on the habitat types found on the Subject Property (see Table 2), particular attention was paid to the presence or absence of gopher tortoise, Big Cypress fox squirrel and Florida bonneted bat cavities. If a potentially occupied burrow, nest, or tree cavity was observed, it was flagged, numbered, and marked with GPS coordinates. Florida black bear and Florida panther were also considered. Approximately three (3) hours were logged on the Subject Property in total during this species survey (see Table 1). TABLE 1. FIELD TIME SPENT ON THE SUBJECT PROPERTY Date Start Time End Time No. Ecologists Man Hours Task April 26, 2023 10:30am 12:00pm 2 3 Protected Species Survey 4.0 EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were in the mid 80's with partly cloudy skies. The Subject Property is currently vacant and consists of an upland community that takes up most of the property, and a wetland community in the southern corner. Due to the development surrounding the Subject Property, development runoff, and lower elevation in the southern portion of the property, water looks to pool in the southern area. The entire property consists of moderate exotic vegetation throughout. The entirety of the property is enclosed by Radio Lane, Radio Road, and Davis Boulevard, with a gas station bordering the eastern boundary. See Figure 2 below for an Aerial Map. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 125 Protected Species Survey 9.A.1.c The Subject Property has the following surrounding land uses: North Radio Lane / Residential East Davis Boulevard / Radio Lane / Commercial South Davis Boulevard / Undeveloped West Radio Road / Commercial � ounry Property Appraker L All g pprovlma[e r AO Subject Property ►f Figure 2. Aerial Map Listed below are the FLUCCS communities identified on the site. The community descriptions correspond to the mappings on the FLUCCS maps below (Figures 3 & 4). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. The Florida Invasive Species Council's (FISC) list of invasive species contain Category I and Category II species that may be found on the Subject Property. Category I species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives (FISC). Category II species are invasive exotics that are increasing in abundance or frequency but have not yet altered Florida plant communities (FISC). A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper, ear leaf acacia, melaleuca, Caesarweed, and air potato. Levels of exotic density were mapped using field observations and photo interpretation as shown in Figure 3. Modifiers, or "E" designators, are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy and/or sub - canopy. Earth Tech Environmental, LLC www.eteflorida.com 5 Packet Pg. 126 Protected Species Survey 9.A.1.c The following table is a summary of FLUCCS communities and corresponding acreages: TABLE 2. FLUCCS COMMUNITIES AND CORRESPONDING ACREAGES FLUCCS CODE DESCRIPTION ACREAGE 411-E2 Pine Flatwoods (26-50% Exotics) 3.03 624-E2 Cypress — Pine — Cabbage Palm (26-50% Exotics) 0.48 Site Total: 3.51 Z' r I,zoz—,1&saii,—rvp—e—a.,ry K. � Subject Property oe� eargm� e, v nn,a�se. „y FLUCCS Mapping so PaaP.a , 200 �'��� 411-E2, Pine Flatwoods (26-50 % Exotics) 624-E2, Cypress - Pine - Cabbage Palm (26-50% Exotics) Earth Tech Environmental, LLC Figure 3. FLUCCS Map with Aerial www.eteflorida.com 6 Packet Pg. 127 Protected Species Survey 9.A.1.c RADIO LN pAy - eo arm Colle'Co�n�r!P'apehv Aopr.i:er 0 Subject Property FLUCCS Mapping 0 50 100 200 411-E2, Pine Flatwoods (26-50% Exotics) 624-E2, Cypress - Pine - Cabbage Palm (26-50% Exotics) Feet Figure 4. FLUCCS Map * = Exotic vegetation species FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics) This community is found on the majority of the Subject Property. The canopy consists of slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), and *earleaf acacia (Acacia auriculiformis). Mid -story consists of saw palmetto (Serencia repens), cabbage palm, laurel oak, *java plum (Syzygium cumini) and *Brazilian pepper (Schinus terebinthifolia). Ground cover consists of slash pine recruitment, bracken fern (Pteridium aquilinum), common ragweed (Ambrosia artemisiifolia), *Caesarweed (Urena lobata) and *shrubby false buttonweed (Spermacoce verticillate). Vines are present throughout the community in relatively low densities and include grapevine (Vitus rotundifolia), eastern poison ivy (Toxicodendron radicans), and greenbrier (Smilaxspp.). FLUCCS 624-E2, Cypress — Pine — Cabbage Palm (26-50% Exotics) This community is found in the southern corner of the Subject Property. The canopy consists of slash pine, cabbage palm, bald cypress (Taxodium distichum), laurel oak (Quercus laurifolia), and *melaleuca (Melaleuca quinquenervia). Mid -story consists of coco plum (Chrysobalanus icaco), saw palmetto, cabbage palm, laurel oak, and *Brazilian pepper. Ground cover is near void of vegetation. Vines are present throughout the community in relatively low densities and include grapevine, eastern poison ivy, and greenbrier. Earth Tech Environmental, LLC www.eteflorida.com 7 Packet Pg. 128 9.A.1.c Protected Species Survey TABLE 3. PROTECTED SPECIES LIST ACCORDING TO FLUCCS COMMUNITY FLUCCS CODE POTENTIAL LISTED SPECIES SCIENTIFIC NAME DESIGNATED STATUS FWC or FDA FWS 411 Bald Eagle Haliaeetus leucocephalus SSC SSC Beautiful False Pawpaw Asimina pulchella E E Big Cypress Fox Squirrel Sciurus niger avicennia T Eastern Indigo Snake Drymorchon corais couperi T T Fakahatchee Burmannia Burmannia flava E Florida Bonneted Bat Eumops floridanus E E Florida Coontie Zomia spp. (all native species) C Florida Panther Felis concolor coryi E E Florida Pine Snake Pituophis melanoleucus mugitus T Gopher Tortoise Gopherus polyphemus T Red -Cockaded Woodpecker Picoides borealis E E Satinleaf Chrysophyllum oliviforme T Southeastern American Kestrel Falco sparverius poulus T Twisted Air Plant Tillandsio flexuosa T 624 American Alligator Alligator mississippiensis SSC T(S/A) Big Cypress Fox Squirrel Sciurus niger avicennia T Everglades Mink Neovison vison evergladensis T Florida Bonneted Bat Eumops floridanus E E Florida Panther Felis concolor coryi E E Little Blue Heron Egretta caerulea T Tricolored Heron Egretta tricolor T Wood Stork Mycteria americana T T Abbreviations Agencies: Status: FDA CS = Florida Department of Agriculture and Consumer Services CE = Commercially Exploited FWC = Florida Fish & Wildlife Conservation Commission E = Endangered FWS = United States Fish and Wildlife Service SSC = Species of Special Concern T = Threatened T(S/A) = Threatened/Similarity of Appearance Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 129 9.A.1.c Protected Species Survey 5.0 RESULTS All relevant species observed on the Subject Property are detailed in Table 4 and any protected species observed are specifically noted. See Figure 5 for field results. Nora - rial&suh�eceamperty hounda�y ebti,netl from [elb.r m�n,y vrnp.rty nPa�ais�r 2. All acrea¢esare aPPmximate, P'lll I rII- Subject Property Approximate Pedestrian Transects } FLUCCS Mapping ?� 411-E2, Pine I'laiwoods (26-509A Exotics) 624-E2, Cypress - Pine - Cabbage Palm (26-50% Exotics) Figure 5. Transect Map & Field Results Earth Tech Environmental, LLC www.eteflorida.com 9 Packet Pg. KO Protected Species Survey 9.A.1.c TABLE 4. SPECIES OBSERVED ON THE SUBJECT PROPERTY COMMON NAME SCIENTIFIC NAME OBSERVATIONS LISTED SPECIES? STATUS REPTILES Brown anole Anolis sagrei DV N MAMMALS Nine -banded armadillo Dasypus novemcinctus OH N - PLANTS Common Wild Pine Tillandsia fasciculata DV Y ST Northern Needleleaf Tillandsia balbisiana DV Y ST ❑ = protected species Observations: Status: DV = Direct Visual ST = State Threatened OH = Observed Hole/Burrow Below are discussions of each listed species observed on the Subject Property: Common Wild Pine (Tillandsia fasciculata) and Northern Needleleaf (Tillandsia balbisiana) Common wild pine and Northern needleleaf were observed on the Subject Property. Plants that fit within the criteria of the LDC Section 03.04.03, where the individual plants are within eight (8) feet of the ground, will be relocated to on -site (or off -site) preserves. When available, only two (2) plants per species per acre of plants listed as Less Rare are required to be relocated, with up to a maximum of ten (10) plants per species per preserve. The Subject Property does have community types in which protected species could reside. During permitting, the following protected species concerns may be raised by the agencies: Earth Tech Environmental, LLC www.eteflorida.com 10 Packet Pg. 131 Protected Species Survey 9.A.1.c Figure 6. Bald Eagle Information Bald Eagle (Haliaeetus leucocephalus) No Florida Fish & Wildlife Conservation Commission (FWC)-documented bald eagle nests have been documented within 660-feet (USFWS Protection Zone) of the Subject Property and no nests were observed on the site (see Figure 6). Technical assistance with the United States Fish & Wildlife Service (USFWS) will likely not be necessary for bald eagle. Earth Tech Environmental, LLC www.eteflorida.com 11 Packet Pg. 132 Protected Species Survey 9.A.1.c PINE RIDGE RE)— 3>�CE P� G GOL9EN — 1 � --i RADIO RD m DAVIS BLVD I Qsuo�ecl Praperry �2019 VSFWa fB6 Gansultahan Fraa - �2019 VSFW3 FEB ConsullAii-4ra Urb-gal Area Figure 7. Florida Bonneted Bat Consultation Area Florida Bonneted Bat (Eumops floridanus) The Subject Property falls within the USFWS's Consultation Area for the Florida bonneted bat (see Figure 7). During the species survey, no tree cavities were observed on the Subject Property. Considering the low -quality roosting habitat, and that the Subject Property is surrounded by residential development on all sides, technical assistance with USFWS will likely not be required for Florida bonneted bat. Earth Tech Environmental, LLC www.eteflorida.com 12 Packet Pg. 133 Protected Species Survey 9.A.1.c Figure 8. Florida Panther Information Florida Panther Welis concolor The Subject Property does not fall within any USFWS Panther Habitat Zones and Consultation Area. Dozens of telemetry points from tracked panthers have been documented within a two-mile radius of the Subject Property (see Figure 8). The habitat is not suitable for panther utilization as it is small, fragmented and surrounded by roadways and development. Technical assistance with USFWS will likely not be required for Florida panther. Earth Tech Environmental, LLC www.eteflorida.com 13 Packet Pg. 134 Protected Species Survey 9.A.1.c Figure 9. Florida Black Bear Information Florida Black Bear (Ursus americanus floridanus) The Subject Property falls within abundant black bear habitat (FWC). Dozens of black bear -related calls have been documented within a one -mile radius of the Subject Property (see Figure 9). FWC stopped radio -tracking black bear in 2018. Black bear presence isn't likely due to the site being small, isolated and surrounded by roadways and development; as such, the County likely will not require conservation measures for Florida black bear. Earth Tech Environmental, LLC www.eteflorida.com 14 Packet Pg. 135 Protected Species Survey 9.A.1.c r ►, r 1 It �, ir�i�''` t yarl I �c .ur nirurrwrnirmrinrm� rm e V /� s _ 1u• ! 1 � LLI Ro ry woad am,k data �axM1e iataax a.�iam.IWlslzol i otm tM1eunited states riaM1&wildGkservice us ws) r ��VV v`� ��" "G N ,p'{a rltirni� I �Rr r4r Q Su bject Property - twill • lhbad8iork Calenles {USFVJ52910-2019] \ - o ��,� jS 18.6-Mile Core Foraging Areas (l1SFVJS 2C142619} O _ Figure 10. Wood Stork Information Wood Stork (Mycteria americans) The Subject Property does fall within the core foraging area (estimated at 18.6 miles) of one (1) known wood stork colony in Collier County (see Figure 8). The Subject Property does not contain suitable habitat for wood stork nesting, and unlikely habitat for foraging. Technical assistance with USFWS will likely not be required for impacts to wood stork. Earth Tech Environmental, LLC www.eteflorida.com 15 Packet Pg. 136 Protected Species Survey 9.A.1.c 6.0 REFERENCES Ashton, Ray E. and Patricia S. "The Natural History and Management for the Gopher Tortoise." Krieger Publishing Company. Malabar, Florida. 2008. Atlas of Florida Plants. Institute for Systematic Botany. Accessed March 2023. https:Hflorida.plantatlas.usf.edu/ Collier County Property Appraiser. Accessed March 2023. http://www.collierappraiser.com Cox, James; Inkley, Douglas; and Kautz, Randy. "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large -Scale Development in Florida." Nongame Wildlife Program Technical Report No. 4. December 1987. http://www.fwspubs.org/doi/suppl/10.3996/06201S-JFWM-OS5/suppl file/062015-ifwm- 055.s2. odf?code=ufws-site "Florida's Endangered and Threatened Species"- Official List. Florida Fish and Wildlife Conservation Commission. Updated December 2022. https://mvfwc.com/media/1945/threatened-endangered-species.pdf http://mvfwc.com/imperiledspecies/ Florida Invasive Species Council. "2019 FISC List of Invasive Plant Species." http://florid ainvasivespecies.org/plantlist.cfm Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanuall999.pdf http://www.fdot.gov/geospatial/doc pubs.shtm Weaver, Richard E. and Anderson, Patti J. "Notes on Florida's Endangered and Threatened Plants." Bureau of Entomology, Nematology and Plant Pathology— Botany Section. Contribution No. 38, Sth Edition. 2010. http://freshfromflorida.s3.amazonaws.com/fl-endangered-plants.pdf http://www.freshfromflorid a.com/Divisions-Offices/Plant-Industry/Bureaus-and-Services/Bureau-of- Entomology-Nematology-Plant-Pathology/Botany/Florida-s-Endangered-Plants Earth Tech Environmental, LLC www.eteflorida.com 16 Packet Pg. 137 EXHIBIT V.E.1.13 9.A.1.c JDTREBILCOCK CONSULTING SOLUTIONS Traffic Impact Statement The Boat House SSGMPA and PUDZ Prepared for: Peninsula Engineering 2600 Golden Gate Parkway Naples, FL 34105 Collier County, Florida 6/7/2023 R1 Prepared by: Trebilcock Consulting Solutions, PA 2800 Davis Blvd, Suite 200 Naples, FL 34104 Phone: 239.566.9551 Email: ddratnol@trebilcock.biz Collier County Transportation Methodology Fee — $500.00 Fee* Collier County Transportation Review Fee — Malor Study — $1,500 Fee* Note: *to be collected at time of first submittal Packet Pg. 138 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.1.c 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. David A. Dratnol, PE FL Registration No. 89796 Trebilcock Consulting Solutions, PA 2800 Davis Blvd, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. Trebilcock Consulting Solutions, PA P a g e 1 2 Packet Pg. 139 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Table of Contents ProjectDescription................................................................................................ 4 TripGeneration...................................................................................................... 5 Trip Distribution and Assignment........................................................................... 6 BackgroundTraffic................................................................................................10 Existing and Future Roadway Network.................................................................11 Project Impacts to Area Roadway Network -Link Analysis.....................................11 SiteAccess Analysis...............................................................................................13 Improvement Analysis..........................................................................................14 Mitigationof Impact.............................................................................................14 Appendices Appendix A: Project Master Site Plan...................................................................15 Appendix B: Initial Meeting Checklist (Methodology Meeting) ............................17 Appendix C: Trip Generation Calculations ITE 11th Edition..................................24 Appendix D: Transportation Element Map TR-6...................................................36 Appendix E: 2022 AUIR —TCMA Report— East Central TCMA..............................38 Trebilcock Consulting Solutions, PA P a g e 1 3 Packet Pg. 140 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Project Description The subject project proposes to rezone the property from C-3 Commercial to PUD and develop a 20,000 square foot (SF) boat sales and repair center. As part of the PUD, the subject project will retain the permitted and conditional uses of the C-3 zoning. The site is located on the north side of Radio Road, between Radio Lane and Davis Boulevard in Section 3, Township 50 South, Range 26 East, Collier County, Florida. Refer to Figure 1: Project Location Map, which follows, and Appendix A: Project Master Site Plan. Figure 1: Project Location Map The subject project site is currently vacant and has a total area of approximately 3.5 acres. Access to the property is from Radio Lane on the north side of the property. The purpose of this Traffic Impact Statement (TIS) is to document the transportation impacts associated with the proposed request. The traffic report is in agreement with the latest adopted Collier County Traffic Impact Study Guidelines and Procedures. The project provides the highest and best use scenario with respect to the project's proposed trip generation. Consistent with the recommendations illustrated in Collier County Traffic Impact Study Guidelines and Procedures, traffic generation associated with the proposed development is evaluated based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (TGM), 11t" Edition and ITE Trip Generation Handbook, 3rd Edition. ITE does not have a land use code for boat sales and repair. The most comparable land use is Recreational Vehicle Sales. The ITE land use designation associated with the development is illustrated in Table 1. Under the permitted uses of the C-3 zoning, the highest and best use is a retail plaza. Table 1 identifies Trebilcock Consulting Solutions, PA P a g e 14 Packet Pg. 141 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 both possible uses. This TIS supports the Growth Management Plan Amendment and the rezoning of the property. Table 1: Development Program Strip Retail Plaza (<40k) For purposes of this evaluation, the project build -out year is assumed to be consistent with the Collier County 2028 planning horizon. A methodology meeting was held with the Collier County Transportation Planning staff on May 15, 2023, revised May 31, 2023, by email (refer to Appendix B: Initial Meeting Checklist). Connection to Radio Lane is via two full movement accesses. Radio Lane connects to Radio Road as a left - in, right -in and right -out connection. The proposed site plan can be seen in Appendix A: Project Master Site Plan. Trip Generation The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11t" Edition and the software program OTISS (Online Traffic Impact Study Software, most recent version). The ITE recommended trip rates and equations are used for the traffic generation calculations, as applicable. The ITE — OTISS trip generation calculation worksheets are provided in Appendix C: Trip Generation Calculations ITE 11th Edition. Internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. No internal capture is considered for this site. 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. Pass -by reductions are considered for this site for the commercial use. The trip generation associated with the proposed build -out conditions for the most intensive use, LUC 822 — Strip Retail Plaza (<40k), is summarized in Table 2. Trebilcock Consulting Solutions, PA P a g e 15 Packet Pg. 142 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Table 2: Trip Generation - Average Weekday 32,500 SF 1,602 38 25 63 90 90 180 1,602 38 25 63 90 90 180 240 10 6 16 23 23 46 1,362 28 19 47 67 67 134 In agreement with the Collier County TIS Guidelines and Procedures, 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 the Collier County 2022 Annual Update and Inventory Report (AUIR), the peak hour for the adjacent roadway network is PM. Trip Distribution and Assignment The 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 for the PM peak hour of the adjoining street is shown in Table 3: Traffic Distribution for PM Peak Hour and is graphically depicted in Figure 2A: Project Distribution by Percentage and Figure 213: Project Distribution by PM Peak Hour. Trebilcock Consulting Solutions, PA P a g e 1 6 Packet Pg. 143 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Table 3: Traffic Distribution for PM Peak Hour Radio Lane" N/A Radio Rd to access 100% EB-67 WB-67 Radio Road 71.0 Radio Ln to Davis Blvd 60% WB-40 EB-40 Santa Barbara Blvd to Radio Road 71.0 40% EB-27 WB-27 Radio Ln Livingston Rd to Santa Radio Road 70.0 20% EB-13 WB-13 Barbara Blvd Golden Gate Pkwy to Santa Barbara Blvd 77 0 10% SB-7 NB-7 Radio Rd Santa Barbara 78.0 Radio Rd to Davis Blvd 10% NB-7 SB-7 Davis 16.2 Radio Rd to Collier Blvd 40% WB-27 EB-27 Santa Barbara Blvd to Davis 16.1 20% EB-13 WB-13 Radio Rd Note(s): *Peak hour, peak direction traffic volumes are underlined and bold to be used in Roadway Link Level of Service calculations. Peak Direction is taken from the Collier County 2022 AUIR. **Radio Lane is not a Collier County monitored facility. Trebilcock Consulting Solutions, PA P a g e 17 Packet Pg. 144 lepiewwoD asnOH;e08 a41 690Z000£ZOZ-ld : 9£tiLZ) TIHS SIVINBIdW OdO:D- S;!q!ux3 :;uauayoe;}y Q The Boat House SSGMPA and PUDZ TIS —June 2023 rn Figure 2A — Project Distribution by Percentage ticv m a wad, .0 C' y Co.0 a � a CD f1 {] m d J Q rtl 0 r L r, Chu CD LI 4, r 3= Y U C�y o e h g q O +d Ic- 2 39 R�mcr i f m 4` C .f'8." 3ar!L9 Rarh? ra EqsJ' R1 A a Y r i O 4 Q a 29 9- LO a Y U m a Trebilcock Consulting Solutions, PA P a g e 18 lepiewwoo asnOH IeOEI GLLL 690Z000CZOZ-ld : 9EVLZ) TIHS SIVINBIVIV4 OdOO- S I!q!14xg :IuaLutpeIIV The Boat House SSGMPA and PUDZ TIS —June 2023 Figure 2113 — Project Distribution by PM Peak Hour C. 0- 2 COILef d161 L) Lr Fr, 01- 01 PA.&d C-., 7� 0__ m UJ y r a) L) LL _J - pz cn, m CD 'S LU LL m LLJ m LU CIA :3 253 LU 4 U —77 M it :3 V3 43 ik: Q IP;ImE4 cp (> Fo,.IW Z MW F _8 a. CO Z3 U.J as SWO, U) 0. E E m z -2 ri Bbd -v *F.' gm,, SxttOarbarj 91Y2 (> )*M 2� E oe, 7 tog* m ILLJ I Trebilcock Consulting Solutions, PA Page 19 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 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 2022), whichever is greater. Another way to derive the background traffic is to use the 2022 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 2028. Table 4: Background Traffic without Project (2022 - 2028) 2028 Projected 2028 Projected 2022 AUIR Projected Pk Hr, Peak Dir Pk Hr, Peak Dir cc Pk Hr, Pk Dir Traffic Background Background Roadway AUIR Roadway Link Background Annual Growth Trip Traffic Volume Traffic Volume Link Link Location Traffic Growth Factor w/out Project Bank w/out Project ID # Volume Rate (trips/hr) (trips/hr) Trip (trips/hr) (%/yr)* Growth Factor** Bank*** Radio Ln to Radio Road 71.0 650 2.00% 1.1262 732 130 780 Davis Blvd Santa Barbara Radio Road 71.0 Blvd to 650 2.00% 1.1262 732 130 780 Radio Ln Livingston Rd Radio Road 70.0 to Santa 1,580 2.00% 1.1262 1,780 30 1,610 Barbara Blvd Santa Golden Gate Barbara 77.0 Pkwy to Radio 2,060 2.44% 1.1556 2,381 54 2,114 Blvd Rd Santa Radio Rd to Barbara 78.0 1,560 3.61% 1.2371 1,930 255 1,815 Davis Blvd Blvd Radio Rd to Davis Blvd 16.2 1,250 2.00% 1.1262 1,408 326 1,576 Collier Blvd Santa Barbara Davis Blvd 16.1 Blvd to 840 2.00% 1.1262 946 158 998 Radio Rd Note(s): *Annual Growth Rate — based on peak hour, peak direction volume (from 2008 through 2022), or 2% minimum. **Growth Factor = (1 +Annual Growth Rate)6. 2028 Projected Volume = 2022 AUIR Volume x Growth Factor. ***2028 Projected Volume = 2022 AUIR Volume +Trip Bank. The projected 2028 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 10 Packet Pg. 147 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Existing and Future Roadway Network The existing roadway conditions are extracted from the Collier County 2022 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. As no such improvements were identified in the Collier County 2022 AUIR, the evaluated roadways are anticipated to remain as such through project build -out. The existing and future roadway conditions are illustrated in Table 5: Existing and Future Roadway Conditions. Table 5: Existing and Future Roadway Conditions CC 2022 Peak Dir, 2028 Peak Dir, 2022 Min. 2028 AUIR Roadway Link peak Hr 2028 Peak Hr Roadway Link Roadway Standard Roadway Link ID Location Capacity LOS Capacity Condition LOS Condition # Volume Volume Radio Ln to Davis Radio Road 71.0 4D D 1,800 (WB) 4D D 1,800 (WB) Blvd Santa Barbara Radio Road 71.0 Blvd to 4D D 1,800 (WB) 4D D 1,800 (WB) Radio Ln Livingston Rd to Radio Road 70.0 Santa Barbara 4D D 1,800 (EB) 4D D 1,800 (EB) Blvd Santa Barbara Golden Gate 77.0 6D E 3,100 (NB) 6D E 3,100 (NB) Blvd Pkwy to Radio Rd Santa Barbara Radio Rd to Davis 78.0 6D E 3,100 (NB) 6D E 3,100 (NB) Blvd Blvd Radio Rd to Davis Blvd 16.2 6D E 3,300 (WB) 6D E 3,300 (WB) Collier Blvd Santa Barbara Davis Blvd 16.1 Blvd to 6D E 3,300 (EB) 6D E 3,300 (EB) Radio Rd Note(s): 2U = 2-lane undivided roadway; 4D, 6D, 8D = 4-lane, 6-lane, 8-lane divided roadway, respectively; LOS = Level of Service. 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 year 2028. 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. Trebilcock Consulting Solutions, PA P a g e 1 11 Packet Pg. 148 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Table 6: Roadway Link Level of Service (LOS) — with Project in the Year 2028 illustrates the LOS traffic impacts of the project to the area roadway network. Based on the Collier County Transportation Planning Services guidelines, this project does not have a significant and adverse roadway impact. The proposed development is not located within the Collier County's Transportation Concurrency Exception Area (TCEA). However, the proposed development is situated within the County's designated East Central Transportation Concurrency Management Area (TCMA). The East Central TCMA is illustrated in GMP Transportation Element Map TR-6 as depicted in Appendix D: Transportation Element Map TR-6. In agreement with Policy 5.7 of the Transportation Element, the TCMA concurrency is measured on a system -wide basis such that each TCMA shall maintain 85% of its lane miles at or above the LOS standards. Based on the information contained in the 2022 AUIR, the East Central TCMA percent lane miles meeting standard is 100%. Refer to Appendix E: 2022 AUIR — TCMA Report — East Central TCMA. As illustrated in the Policy 5.8, transportation mitigation may be required when the proposed development will impact either a constrained roadway link and/or a deficient roadway link within a TCMA as determined in the most current Annual Update and Inventory Report (AUIR), by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lane miles indicated in Policy 5.7 of the GMP Transportation Element. Based on the traffic projections illustrated in Table 6, the impacted roadway network meets the Collier County transportation concurrency requirements. In addition, the TCMA concurrency (percent lane miles meeting standard) for the affected roadway segments is adequate. Policy 5.1 of the Collier County 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." Trebilcock Consulting Solutions, PA P a g e 1 12 Packet Pg. 149 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Table 6: Roadway Link Level of Service (LOS) — with Project in the Year 2028 2028 Peak Roadway Min LOS Min LOS CC 2028 Peak /o Vol Dir, Peak ,Hr Link Peak exceeded exceeded Roadway AUIR Roadway Link Dir, Peak Hr Capacity Dir, Peak Hr without with Link Link ID Location Volume Impact by # Capacity (Project Vol w/Project** Project Project? Project? Volume Added)* Yes/No Yes/No Radio Lin to Davis Radio Road 71.0 1,800(WB) WB-40 820 2.2% No No Blvd Santa Barbara Radio Road 71.0 Blvd to 1,800(WB) WB — 27 807 1.5% No No Radio Ln Livingston Rd to Radio Road 70.0 Santa Barbara 1,800 (EB) EB-13 1,793 0.7% No No Blvd Santa Golden Gate Barbara 77.0 3,100 (NB) NB-7 2,388 0.2% No No Pkwy to Radio Rd Blvd Santa Radio Rd to Davis Barbara 78.0 3,100 (NB) N13-7 1,937 0.2% No No Blvd Blvd Radio Rd to Davis Blvd 16.2 3,300(WB) WB — 27 1,603 0.8% No No Collier Blvd Santa Barbara Davis Blvd 16.1 Blvd to 3,300(EB) EB —13 11011 0.4% No No Radio Rd Note(s): *Refer to Table 3 from this report. **2028 Projected Volume = 2028 background (refer to Table 4) + Project Volume added. Site Access Analysis The project proposes two full access driveway connections to Radio Lane. For more details refer to Appendix A: Project Master Site Plan. Collier County's roadway network is comprised of state, county, city and privately maintained roadways. Roadways are generally classified as Arterial, Collector or Local. Access management is the design of access between roadways and land development. It promotes the efficient and safe movement of people and goods by reducing conflicts on the roadway system. The latest adopted Access Management Policy for Collier County is depicted in Resolution No. 13-257, as amended. Radio Lane, which is classified as a local street, is the facility accessed directly by the project. This stretch of Radio Lane is a two-lane roadway with a striped median. Radio Lane, as a local street, is considered a class 7 facility. The minimum connection spacing is 125 feet from Resolution No. 13-257. In agreement with the provisions illustrated in the Collier County ROW Handbook, Standard Road Detail Sheet 6 of 26, the intersection corner clearance should provide a minimum length of 180 feet. A detailed operational analysis of the proposed site access points will be performed at the time of site development permitting/platting to evaluate any required access modifications. Trebilcock Consulting Solutions, PA P a g e 1 13 Packet Pg. 150 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Improvement Analysis The concurrency analysis determined that the proposed project is not a significant and adverse traffic generator for the roadway network at this location. There is adequate and sufficient roadway capacity to accommodate the proposed development without adversely affecting adjacent roadway network level of service. The maximum total daily trip generation for the PUD shall not exceed 134 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. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project. Trebilcock Consulting Solutions, PA P a g e 1 14 Packet Pg. 151 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Appendix A: Project Master Site Plan Trebilcock Consulting Solutions, PA n 1 15 Packet Pg. 152 Imiewwoo asnoH IeOB a41 690Z000£ZOZ-ld : 9£tiLZ) TIHS SIVINBIdW OdO:D- S I!q!14x3 :;uauayae;}d M LO Q The Boat House SSGMPA and PUDZ TIS —June 2023 IL m ; R� J Lu ' m IUU J a Trebilcock Consulting Solutions, PA P a g e 1 16 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Appendix B: Initial Meeting Checklist (Methodology Meeting) Trebilcock Consulting Solutions, PA P a g e 1 17 Packet Pg. 154 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.1.c INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply, or N/A (not applicable). Date: May 15, 2023, Revised Mav 31, 2023 Time: N/A Location: N/A — Via Email People Attending: Name, Organization, and Telephone Numbers 1) Michael Sawyer, Collier County Growth Management Division (239) 252-2926 2) David Dratnol, TCS (239) 566-9551 Study Preparer: Preparer's Name and Title: David Dratnol, PE Organization: Trebilcock Consulting Solutions, PA Address & Telephone Number: 2800 Davis Boulevard, Suite 200, Naples, FL 34104; ph 239-566-9551 Reviewer(s): Reviewer's Name & Title: Michael Sawyer, PE Organization & Telephone Number: Growth Management Division 239-252-2926 Applicant: Applicant's Name: Jessica Harrelson, AICP, Peninsula Engineering Address: 2600 Golden Gate Parkwav, Naples, FL 34105 Telephone Number: 239-406-6751 Proposed Development: Name: The Boat House— PUDZ GMPA Location: At the corner of Radio Lane, Radio Road and Davis Boulevard, Collier County, Florida (refer to Figure 1). Land Use Type: Boat sales and service or other commercial ITE Code 9: Most comparable use for boat sales and service is LUC 842 Recreational Vehicle Sales per Institute of Transportation Engineers (ITE) Trip Generation Manual, 1 lth Edition LUC 822 Strip Retail Plaza (<40K) for commercial. Description: The proposed development consists of a boat sales building and boat maintenance building, totaling 20,000 square feet on a 3.5 acre parcel with allowance for C-3 permitted and conditional uses. Under the C-3 permitted uses, the highest use is a strip retail plaza. The size of the strip retail plaza will be based on 10,000 sf per acre; totaling 35,000 sf. Page 1 of 6 Trebilcock Consulting Solutions, PA P a g e 1 18 Packet Pg. 155 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.1.c Figure 1— Project Location Map ZOnlny Existing: C-3 Commercial Intermediate District Comprehensive plan recommendation: CC=3 Requested: GMPA-PUDZ, and retaining the C-3 nen fitted and conditional uses. Findings of the Preliminary Study: Since projected new net external AM or PM project traffic is more than 100 two-waypeak hour trips, this study_aualifies as a Major Study_ The TIS shall be consistent with Collier Countv TIS Guidelines and Procedures. Proposed TIS will include trip generation, traffic distribution and assignments, significance test (based on 21/W2%/3% criteria). Trip Generation — ITE Trip Generation Manual, I Ith Edition and ITE Trip Generation Handbook, 3rd Edition. Internal capture is not considered. Pass -by is not considered for the analvsis of the boat sales and service, but is considered for the strip retail plaza. The TIS will determine if there is consistency with Policy 5.1 of the Transportation Element. The report will provide the existing Level of Service (LOS) and document the impact the proposed development will have on designated arterial and collector roads. Roadway concurrencv analysis — based on estimated new net external PM traffic. The analyzed development is not located within the Countv's Transportation Concurrence Exception Area (TCEA), but is located in the East Central Transportation Concurrency Management Area (TCMA). The TCEA and TCMA designations are provided in Policy 5.4 and 5.6 of the Transportation Element of the Growth Management Plan. Page 2 of 6 m M ti N J U_ 2 m CO J a w H a U d U U m T t x w r c m E t v .r a Trebilcock Consulting Solutions, PA n - T 1 19 Packet Pg. 156 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.1.c The project proposes two driveways to Radio Lane. Site access is evaluated based on the adopted Collier County Access Management Policy. Study Type: if not net increase, operational study) Small Scale TIS ❑ Minor TIS ❑ Major TIS Studv Area: Boundaries: Adjacent streets — Radio Road and Davis Boulevard Additional intersections to be analyzed: N/A Build Out Year: 2028 Planning Horizon Year: 2028 Analysis Time Period(s): AM/PM Peak Hour Future Off -Site Developments: N/A Source of Trip Generation Rates: ITE Trip Generation Manual (TGM), 11" Edition Reductions in Trip Generation Rates: None: N/A Pass -by trips: N/A Internal trips: N/A Transit use: N/A Other: N/A Horizon Year Roadway Network Improvements: 2028 Methodology & Assumptions: Non -site traffic estimates: Collier County traffic counts and 2022 AUIR. Site -trip generation: OTISS — ITE TGM, 10' Edition. Trip distribution method: knowledge of the area and engineering judgement — refer to Figure 2. Traffic assignment method: Project trip generation with background growth. Traffic growth rate: Historical growth rate or 2% minimum. Turning movements: Preliminary site access turning movements. Page 3 of 6 Trebilcock Consulting Solutions, PA n 1 20 Packet Pg. 157 Imiewwoo asnOH IeOEI GLLL 690Z000CZOZ-ld 9EVLZ) TIHS SIVINBIVIV4 OdO:D- S I!q!14x3 :IueLutpeIIV 00 LO The Boat House SSGMPA and PUDZ TIS —June 2023 IL ea IL Figure 2 — Project Trip distribution by Percentage f a,.-- Page 4 of 6 Trebilcock Consulting Solutions, PA P a g e 121 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.1.c Special Features: from preliminary study or prior experience) Accident locations: N/A Sight distance: N/A Queuing: N/A Access location & configuration: N/A Traffic control: MUTCD Signal system location & progression needs: N/A On -site parking needs: N/A Data Sources: Collier County traffic counts and 2022 AUIR. Base maps: N/A Prior study reports: N/A Access policy and jurisdiction: N/A Review process: N/A Requirements: N/A Miscellaneous: N/A Small Scale Study —No Fee Minor Study - $750.00 Major Study - $1,500.00 X Methodology Fee $500.00 X Includes 0 intersections Additional Intersections - $500.00 each Allfees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. SIGNATURES T:'aVW T)Y6itK'01 Study Preparer David Dratnol Reviewer(s) Applicant Page 5 of 6 Trebilcock Consulting Solutions, PA n 1 22 Packet Pg. 159 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.1.c Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodology Review - S500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re -submitted, amended methodology statement, and one meeting in Collier County, if needed. "Small Scale Studv" Review - No Additional Fee (Includes one sufficiencv review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation, distribution and maximum threshold compliance. "Minor Studv Review" - $750 Fee (Includes one sufficiencv review) Review of the submitted traffic analysis includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, 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" comments/questions. "Major Studv Review" - $1,500 Fee (Includes two intersection analysis and two sufficiencv reviews Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The 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 "Major Study Review" "Additional Suffrcieney Reviews" - $500 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 n 1 23 Packet Pg. 160 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Appendix C: Trip Generation Calculations ITE 11th Edition Trebilcock Consulting Solutions, PA P a g e 1 24 Packet Pg. 161 The Boat House SSGMPA and PUDZ TIS —June 2023 Land Use: 842 Recreational Vehicle Sales Description, A recreational vehicle (RV) sales dealership is a free-standinq facility that specializes in the sales of new Ws. Recreational vehicle services, parts and accessories sales, and substantial used RV sales may also be available- Some RV dealerships may also include boat sales and servicing. Automobile sales (new) (Land i Use 840) and automobile sales (used) (Land Use 841 j are related uses. Additional Data The technical appendices provide supporting information on time -of -day distributions for this land use. I he appendices can be accessed through either the ITETripGen web app or the trip generation resource page on the ITE website (http.s://www-lte:p9.�technical-resources/topies/trip- ... .................. ..................................... I .............. and-oa,rkinci-cieneration ....... : .......... 0- The sites were surveyed in the 200O9 and the 2010s in Florida and 'Texas.. Source Numbers 7211,881 RW—= General urban/Suburban and Ruri3l (Land Oses800-009) 231 Trebilcock Consulting Solutions, PA P a g r 1 25 1 Packet Pg. 162 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.1.c Land Use: 822 Strip Retail Plaza (<40 Description A strip retail plaza is an integrated group of commercial establishments that is planned, developed, owned, and managed as a unit. Lach study site in this land use has less than 40,€ 00 square feet of gross leasable area (GLA). necause a strip retail plaza is open-air, the GLA is the same as the grass floor area of the building_ The 40,000 square feet 6FA threshold between strip retail plaza and shopping plaza (Land Use 621) was selected based on an examination of the overall shopping center/plaza database_ No shopping plaza with a supermarket as its anchor is smaller than 40,000 square feet GLA. Shopping center (>150k) (Land use 820), shopping plaza (40-150k) (Land Use 621), and factory outlet center (Land Use 623) are related uses_ Additicnal Data he technical appendices provide supporting information on time -of -day distributions for this land use. 1 he appendices can be accessed through elther the ITETripGen web app or the trig generation resource page on the I'fE website )htt.....ps:..flw.ww.ii.e.......o g/technicaI-resources/topics{trip- .................................................................... and-p ar ki n�-� a nera ki anl�_ The sites were surveyed in the 1900s, the 199Os, the 2000s, and the 201 Qs in Alberta (CAN), California, Delaware, Florida, New Jersey, Ontario (CAN), South Dakota, Vermont, Washington, and Wisconsin. Source Numbers 304, 358. 423, 428. 437, 507. 715, 728. 936. 960, 961. 974, 1009 229 Trip 8,@n 4alioi5 Manual 111h Edition .Volurtl� 5 Trebilcock Consulting Solutions, PA P a g r 126 Packet Pg. 163 lepiewwoo asnoH }e08 841690Z000£ZOZId 9£tiLZ) 1AHS SlVIN3.LVW 3d33- 8 }igi4x3 :juGw43e;jd m The Boat House SSGMPA and PUDZ TIS —June 2023 a a> U LA a rn r� ^ I iJr.-1 Q a L M�9 5 OI ■ MMME Trebilcock Consulting Solutions, PA Page 127 lepiewwoo asnoH }e08 841690Z000£ZOZId : 9£tiLZ) 1AHS SlVIN3.LVW 3d33- 8 }!q!4x3 :juGw43e;jd The Boat House SSGMPA and PUDZ TIS —June 2023 4 9 i II L hi LO a Y V m a Trebilcock Consulting Solutions, PA Page 128 lepiewwoo asnoH }e08 841690Z000£ZOZId : 9£tiLZ) 1AHS SlVIN3.LVW 3d33- 8 }!q!4x3 :juGw43ejjv Q The Boat House SSGMPA and PUDZ TIS —June 2023 of i] Trebilcock Consulting Solutions, PA P a g e 129 lepiewwoo asnoH }e08 841690Z000£ZOZId : 9£tiLZ) 1AHS SlVIN3.LVW 3d33- 8 }igi4x3 :juGw43ejjv ti Q The Boat House SSGMPA and PUDZ TIS —June 2023 Oi a Y V f0 a a N M M N O N Ln m U v 0 0 0 m m N 9 O .'I Ir z Ln 0 f Z V - W v _ N Trebilcock Consulting Solutions, PA P a g e 130 Imiewwoo asnoH IB08 841690Z000£ZOZId : 9£tiLZ) 1AHS SlVIN3.LVW 3d33- 8 }igi4x3 :juGw43ejjv00 Q The Boat House SSGMPA and PUDZ TIS —June 2023 Oi a Y V f0 a IE 1 �.D to I Ala of �° M M N O N N o jJil, 7 O L to C z , � z s V) G a a U � - - a.n F z m > > _ N Trebilcock Consulting Solutions, PA P a g e 131 lepiewwoo asnoH }e08 841690Z000£ZOZId : 9£tiLZ) 1AHS SlVIN3.LVW 3d33- 8 }igi4x3 :juGw43ejjv a, Q The Boat House SSGMPA and PUDZ TIS —June 2023 Oi a Y V f0 a a C ,O a 0 V o � O ¢` 9 H m s N N F O g o 0 N � _ a 3 m in t s v C7 Trebilcock Consulting Solutions, PA P a g e 132 lepiewwoo asnoH }e08 841690Z000£ZOZId : 9£tiLZ) 1AHS SlVIN3.LVW 3d33- 8 }igi4x3 :juGw43ejjv c Q The Boat House SSGMPA and PUDZ TIS —June 2023 Oi a Y V f0 a a N M M N O N Ln m U v 0 0 0 m m �11 A �11 A c 0 O Ln W C U Y 0 0 LJ a H N 9 O d Ln Ln O m Qj a L v c v (D Trebilcock Consulting Solutions, PA P a g e 133 lepiewwoo asnoH }e08 841690Z000£ZOZId : 9£tiLZ) 1AHS SlVIN3.LVW 3d33- 8 }igi4x3 :juGwLj3ejjV Q The Boat House SSGMPA and PUDZ TIS —June 2023 Oi a Y V f0 (L a c ,0 7 O b T 3 a�u U O U _ O I x 8 z z s Q 0- m ? m Trebilcock Consulting Solutions, PA P a g e 134 lepiewwoo asnoH }e08 841690Z000£ZOZId : 9£tiLZ) 1AHS SlVIN3.LVW 3d33- 8 }igi4x3 :juGw4oejjv N _ ti Q The Boat House SSGMPA and PUDZ TIS —June 2023 Oi a Y V f0 a a m N M M N O N Ln m U v 0 4 0 m m H N 9 O d Ln Ln H O } m a L v c v (D Trebilcock Consulting Solutions, PA P a g e 135 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Appendix D: Transportation Element Map TR-6 Trebilcock Consulting Solutions, PA n 1 36 Packet Pg. 173 u mmmewmoo esnoH mo§ 041 e§OZOOOCZOZ d:§£ zZ ]]H8 S]Vm ]1Vm od03- 8 q '4x]:} emt43Bn¥ \The Boat House aG7m and euza& -June 202 » a - -- - - - \ a � e+imacsumm Solutions, PA Page12 9.A.1.c The Boat House SSGMPA and PUDZ TIS —June 2023 Appendix E: 2022 AUIR - TCMA Report - East Central TCMA Trebilcock Consulting Solutions, PA n 1 38 Packet Pg. 175 lepiewwoo asnOH IB013 841 690ZOOOCZOZ-ld :9VVLZ) IAHS S-lVIN3.LVW 3d33- 13 jjqj4X3 :juGw43ejjv The Boat House SSGMPA and PUDZ TIS —June 2023 H1 (313."unve9moozzonj : i6vcz� zz-t-c I - jrjj ai-IdLUOO aInVZZOZ :jUaLU143IeUV Z Trebilcock Consulting Solutions, PA Page139 Of'l� 14 AAe �� JrEIj a asnOH IeOEI 841 690Z000£ZOZld : 9£tiLZ) InHB S1VIU31VW OdOO- 8 }igiyx3 :IuaLuyaellV r-I N M R* ►l N", 0. i O u s Iz m i dA O E a� _0 W .E r_ O u W al •0 i V 4-0 tw .E J .o YI m 4-0 V Y C V N m W L C N v V 0 4-1aJ U a o 4-m C 2� E.v aJ mac aJ o f0 L L (0 > C a-+ C E L O v E Q E Q aJ C N �O aJ NL + C Q N C6 N E c OL vOi N >, : > oN a0 pC Y +4-� C C c N w Ln L O D aJ S N .V m m N 3 L N aJ •> aJ aJ aJ aJ (O 0 j > pU t L i > ++ N Up -0a)N aJ w J V) 4 i 6 wD a-'-0 c bA L aJ -O C ? 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V7 'Ili CO Z l0 N N 7 N 7 O o)M V> Vi O) V m (o u0 I-- n m O m M M N w N Co -4 (3) cc M M W M O 10 Co N M N O o) N M V3 fA N O V m M V M o0 N O) O N N W V w rI C h o O N l0 r- V r` w 7 7 (O � N M co co N Lo ry Q d a) E O E O U O U O) 0) U c O) O) O) O) 0) O) O) c O) O) O) O) O) O) MN O) O) O O) O) O) m cq v rn v a) m N 'IT O) w cl)O 0 V>VV p 0 ON O O O OO O O O O CD O N p 0 O O Cl O Cl O N M- m m 0(O O (0 OOC.,O Of EA N M U0 1� N G V tom, le, V3 V3 V3 V3 V3 63 > N H Q 00 v asnOH }eoe 841 690Z000£ZOZld : 9£tiLZ) -1=IHB S-IVIN31VW OdOO- 8 }igi4x3 WaM4 IIV ► ► IN. LO N N Ch a a� ca a cn ZT asnOH IeOB aul 690Z000£ZOZld : 9£VLZ) -1=IHB S-lVIN31`dW :DdO:D- 8 }igiyx3 :;uOwLl3eUV I c O N 12 el Ln C" el Y-j I i 81 s ME N 0 Ln s e Ln C" asnOH WOE] aul 690Z000£ZOZld : 9£VLZ) -1=IHB S-lVIN31`dW :DdO:D- 8 }igiyx3 :;uauayaeUv n 7 S r! W zi 0 W� IIIII D Z �j (.)r 0 21 mic a_ o LL a to ry N � 2 d �y W rt Yq J 4 H L I cn DIM n W y � $ m m E m J N E 4 En co � N � 2 4 2 r m0; a W }q J o� —a cn ug L 4 uui W mm � C Ln asnOH ;eo8 N", O (U W •O O •A W(AN c +-' N N N � N U O p � N M N N lD s m m 0 -1 CY) FMN m v° °—° • 8/23/23, 10:14 AM _i Menu Boat shortage hits Southwest Florida 9.A.1.c Watch Now Quick links... v SOUTHWEST FLORIDA NEWS > LOCAL NEWS in 0 Boating industry facing shortages, other challenges in SWFL 00:26 / 01:12 The school's principal, the Chief Operations Officer for the district and a construction representative will give an inside look on the school's renovations Wednesday morning. Posted at 8:31 PM, Jan 21, 2022 and last updated 12:48 PM, Jon 24, 2022 NAPLES, Fla. — Boating is big business in Southwest Florida. The industry generates $753 million in economic impact for the area according to the Marine Industries Association of Collier County. But like most businesses right now, the industry is facing a series of issues that's causing a shortage of boats. ADVERTISEMENT CLOSE https://www.fox4now.com/news/local-news/boating-i nd ustry-faci ng-shortages-other-challenges-in-swfl Packet Pg. 229 8/23/23, 10:14 AM FOXQ Boat shortage hits Southwest Florida 9.A.1.c Watch Now ISP e "Most of our inventory that we're looking at is order out 6 months, a year, two years, depending on the model," said Jeremy Eck, general manager of the dealership The Boat House of Naples. "So come in, build a boat, choose all of your options, and unfortunately get in line and wait." Eck said The Boat House has very few boats in stock because manufacturers can't make them fast enough. That's partly because of a lack of supplies — but also because more people are buying. "Demand has risen," Eck said. "A lot of people are moving down, especially this area, looking to get on the water and enjoy what we have here in Southwest Florida. Because of that, it's pushing our times out further and further." ADVERTISEMENT All aspects of the industry are affected. Scot Fawcett owns Shiptronics, which sells and installs electronics on boats. He said it's taking longer to do the work because he can't get the parts. "We can't complete packages on boats," Fawcett said. "We're always missing something. We're always waiting on something to actually complete the boat and finish it out." ADVERTISEMENT CLOSE https://www.fox4now. com/news/local-news/boati ng-ind ustry-faci ng-shortages-other-challenges-i n-swfl Packet Pg. 230 8/23/23, 10:14 AM WO Boat shortage hits Southwest Florida 9.A.1.c Watch Now more for them. And chances are I'm probably stealing them one of my competitors because that's the only place you can find them." Fuel prices are impacting the industry as well. Brent and Debbie Clover own Gulfshore Dockside, which delivers gas to boats. They say they've seen some owners change their boating habits because of a rise in prices. "If they were going to go out for a sunset cruise every night this week, maybe they've decided just to do it on the weekend," Brent Clover said. ADVERTISEMENT 27 C Although it might take longer to get boats, vendors at the Naples Boat Show said they're still staying busy. People are still buying boats in record numbers, they vendors said — they just have to wait a lot longer to get them. Copyright 2022 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Sign up for the Headlines Newsletter and receive up to date information. E-mail Submit CURATION BY Recommended by®uthr [Photos] Remember Rickey Smiley? This Is Where He Lives Paid Content: StarPenStacks Top Podiatrist: If You Have Toenail Fungus Try This Tonight (It's Genius!) Paid Content: WellnessGuide101.com Vanguard vs. Fidelity vs. Schwab Paid Content: SmartAsset Here's What A Walk -In Shower Should Cost Paid Content: westshorehomebaths.com Hands Down the World's Healthiest Breakfast! Paid Content: Ka'Chava ADVERTISEMENT CLOSE https://www.fox4now. com/news/local-news/boati ng-ind ustry-faci ng-shortages-other-challenges-i n-swfl Packet Pg. 231 7L- 11 Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County Collier Count... Population Summary 2010 Total Population 321,520 2020 Total Population 375,752 2020 Group Quarters 4,838 2022 Total Population 387,209 2022 Group Quarters 4,838 2027 Total Population 404,107 2022-2027 Annual Rate 0.86% 2022 Total Daytime Population 397,449 Workers 186,036 Residents 211,413 Household Summary 2010 Households 133,179 2010 Average Household Size 2.38 2020 Total Households 157,921 2020 Average Household Size 2.35 2022 Households 163,141 2022 Average Household Size 2.34 2027 Households 170,905 2027 Average Household Size 2.34 2022-2027 Annual Rate 0.93% 2010 Families 89,276 2010 Average Family Size 2.84 2022 Families 108,042 2022 Average Family Size 2.81 2027 Families 112,927 2027 Average Family Size 2.81 2022-2027 Annual Rate 0.89% Housing Unit Summary 2000 Housing Units 144,536 Owner Occupied Housing Units 53.8% Renter Occupied Housing Units 17.4% Vacant Housing Units 28.8% 2010 Housing Units 197,298 Owner Occupied Housing Units 48.7% Renter Occupied Housing Units 18.8% Vacant Housing Units 32.5% 2020 Housing Units 228,390 Vacant Housing Units 30.9% 2022 Housing Units 236,158 Owner Occupied Housing Units 51.6% Renter Occupied Housing Units 17.5% Vacant Housing Units 30.9% 2027 Housing Units 246,882 Owner Occupied Housing Units 52.1% Renter Occupied Housing Units 17.1% Vacant Housing Units 30.8% Median Household Income 2022 $85,162 2027 $101,707 Median Home Value 2022 $394,887 2027 $412,825 Per Capita Income 2022 $53,839 2027 $63,006 Median Age 2010 46.9 2022 50.9 2027 51.6 Data Note: Household population includes persons not residing in group quarters. Average Household Size is the household population divided by total households. Persons in families include the householder and persons related to the householder by birth, marriage, or adoption. Per Capita Income represents the income received by all persons aged 15 years and over divided by the total population. Source: Esri, Esri-Data Axle, U.S. Census May 16, 2023 Pa e1of14 Packet Pg. 232 71C- AM Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County 2022 Households by Income Household Income Base <$15,000 $15,000 - $24,999 $25,000 - $34,999 $35,000 - $49,999 $50,000 - $74,999 $75,000 - $99,999 $100,000 - $149,999 $150,000 - $199,999 $200,000+ Average Household Income 2027 Households by Income Household Income Base <$15,000 $15,000 - $24,999 $25,000 - $34,999 $35,000 - $49,999 $50,000 - $74,999 $75,000 - $99,999 $100,000 - $149,999 $150,000 - $199,999 $200,000+ Average Household Income 2022 Owner Occupied Housing Units by Value Tota 1 <$50,000 $50,000- $99,999 $100,000 - $149,999 $150,000- $199,999 $200,000 - $249,999 $250,000 - $299,999 $300,000 - $399,999 $400,000 - $499,999 $500,000 - $749,999 $750,000 - $999,999 $1,000,000 - $1,499,999 $1,500,000 - $1,999,999 $2,000,000 + Average Home Value 2027 Owner Occupied Housing Units by Value Tota 1 <$50,000 $50,000- $99,999 $100,000 - $149,999 $150,000- $199,999 $200,000 - $249,999 $250,000 - $299,999 $300,000 - $399,999 $400,000 - $499,999 $500,000 - $749,999 $750,000 - $999,999 $1,000,000 - $1,499,999 $1,500,000 - $1,999,999 $2,000,000 + Average Home Value Data Note: Income represents the preceding year, expressed in current dollars pensions, SSI and welfare payments, child support, and alimony. Source: Esri, Esri-Data Axle, U.S. Census Collier Count... 163,141 6.8% 4.7% 7.4% 9.6% 15.1% 13.6% 19.2% 8.7% 15.0% $127, 724 170,905 4.7% 3.2% 5.5% 7.8% 13.9% 13.7% 22.0% 11.5% 17.6% $148,920 121,789 1.6% 1.5% 1.8% 3.9% 7.5% 9.7% 25.3% 14.9% 14.6% 8.5% 2.9% 3.9% 3.9% $567,449 128,730 0.5% 0.4% 0.6% 2.0% 5.8% 9.5% 28.8% 17.8% 16.0% 8.4% 2.8% 3.8% 3.5% $577,725 Household income includes wage and salary earnings, interest dividends, net rents, May 16, 2023 age 2 of 14 Packet Pg. 233 Qesri'�' Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County Collier Count... 2010 Population by Age Total 321,520 0-4 5.2% 5 - 9 5.4% 10 - 14 5.4% 15 - 24 10.3% 25 - 34 10.1% 35 - 44 11.1% 45 - 54 12.7% 55 - 64 13.4% 65 - 74 14.4% 75 - 84 9.1% 85 + 3.0% 18 + 80.5% 2022 Population by Age Total 387,209 0-4 4.6% 5 - 9 4.8% 10 - 14 5.0% 15 - 24 9.3% 25 - 34 10.3% 35 - 44 10.0% 45 - 54 10.4% 55 - 64 13.9% 65 - 74 16.4% 75 - 84 11.2% 85 + 4.0% 18 + 82.7% 2027 Population by Age Total 404,107 0-4 4.6% 5 - 9 4.7% 10 - 14 5.0% 15 - 24 8.9% 25 - 34 9.7% 35 - 44 10.6% 45 - 54 9.8% 55 - 64 12.8% 65 - 74 16.7% 75 - 84 12.7% 85 + 4.5% 18 + 82.8% 2010 Population by Sex Males 158,494 Females 163,026 2022 Population by Sex Males 189,732 Females 197,477 2027 Population by Sex Males 197,683 Females 206,424 Source: Esri, Esri-Data Axle, U.S. Census May 16, 2023 Packet Pg. 234 Oesne Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County Collier Count... 2010 Population by Race/Ethnicity Total 321,520 White Alone 83.9% Black Alone 6.6% American Indian Alone 0.3% Asian Alone 1.1% Pacific Islander Alone 0.0% Some Other Race Alone 6.2% Two or More Races 1.9% Hispanic Origin 25.9% Diversity Index 56.1 2020 Population by Race/Ethnicity Total 375,752 White Alone 68.4% Black Alone 6.2% American Indian Alone 0.5% Asian Alone 1.5% Pacific Islander Alone 0.0% Some Other Race Alone 8.7% Two or More Races 14.6% Hispanic Origin 27.2% Diversity Index 69.8 2022 Population by Race/Ethnicity Total 387,209 White Alone 67.2% Black Alone 6.2% American Indian Alone 0.6% Asian Alone 1.5% Pacific Islander Alone 0.0% Some Other Race Alone 8.9% Two or More Races 15.6% Hispanic Origin 28.0% Diversity Index 70.9 2027 Population by Race/Ethnicity Total 404,107 White Alone 64.4% Black Alone 6.2% American Indian Alone 0.6% Asian Alone 1.6% Pacific Islander Alone 0.0% Some Other Race Alone 9.5% Two or More Races 17.7% Hispanic Origin 29.6% Diversity Index 73.2 2010 Population by Relationship and Household Type Total 321,520 In Households 98.6% In Family Households 81.6% Householder 27.8% Spouse 22.4% Child 24.1% Other relative 4.6% Nonrelative 2.7% In Nonfamily Households 17.0% In Group Quarters 1.4% Institutionalized Population 0.6% Noninstitutionalized Population 0.8% Data Note: Persons of Hispanic Origin may be of any race. The Diversity Index measures the probability that two people from the same area will be from different race/ethnic groups. Source: Esri, Esri-Data Axle, U.S. Census May 16, 2023 Packet Pg. 235 .6 ZMeyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County Collier Count... 2022 Population 25+ by Educational Attainment Total 295,353 Less than 9th Grade 5.6% 9th - 12th Grade, No Diploma 5.6% High School Graduate 22.7% GED/Alternative Credential 2.7% Some College, No Degree 15.0% Associate Degree 8.7% Bachelor's Degree 23.2% Graduate/Professional Degree 16.4% 2022 Population 15+ by Marital Status Total 331,376 Never Married 23.2% Married 57.9% Widowed 7.5% Divorced 11.4% 2022 Civilian Population 16+ in Labor Force Civilian Population 16+ 185,371 Population 16+ Employed 96.5% Population 16+ Unemployment rate 3.5% Population 16-24 Employed 11.7% Population 16-24 Unemployment rate 4.4% Population 25-54 Employed 55.8% Population 25-54 Unemployment rate 3.7% Population 55-64 Employed 21.0% Population 55-64 Unemployment rate 2.9% Population 65+ Employed 11.5% Population 65+ Unemployment rate 2.7% 2022 Employed Population 16+ by Industry Total 178,874 Agriculture/Mining 2.8% Construction 12.4% Manufacturing 2.9% Wholesale Trade 1.9% Retail Trade 12.2% Transportation/Utilities 4.7% Information 1.2% Finance/Insurance/Real Estate 7.9% Services 51.2% Public Administration 2.8% 2022 Employed Population 16+ by Occupation Total 178,874 White Collar 56.5% Management/Business/Financial 17.7% Professional 17.4% Sales 11.6% Administrative Support 9.9% Services 21.3% Blue Collar 22.2% Farming/Forestry/Fishing 2.6% Construction/Extraction 8.3% Installation/Maintenance/Repair 2.6% Production 2.5% Transportation/Material Moving 6.3% Source: Esri, Esri-Data Axle, U.S. Census May 16, 2023 Packet Pg. 236 O , esn"', Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County Collier Count... 2010 Households by Type Total 133,179 Households with 1 Person 26.7% Households with 2+ People 73.3% Family Households 67.0% Husband -wife Families 54.2% With Related Children 16.2% Other Family (No Spouse Present) 12.9% Other Family with Male 4.3% With Related Children 2.5% Other Family with Female 8.6% With Related Children 5.6% Nonfamily Households 6.2% All Households with Children 24.7% Multigenerational Households 3.3% Unmarried Partner Households 6.2% Male -female 5.5% Same -sex 0.7% 2010 Households by Size Total 133,179 1 Person Household 26.7% 2 Person Household 43.3% 3 Person Household 11.5% 4 Person Household 9.6% 5 Person Household 4.9% 6 Person Household 2.2% 7 + Person Household 1.8% 2010 Households by Tenure and Mortgage Status Total 133,179 Owner Occupied 72.2% Owned with a Mortgage/Loan 42.4% Owned Free and Clear 29.8% Renter Occupied 27.8% 2022 Affordability, Mortgage and Wealth Housing Affordability Index 101 Percent of Income for Mortgage 24.4% Wealth Index 164 2010 Housing Units By Urban/ Rural Status Total Housing Units 197,298 Housing Units Inside Urbanized Area 87.4% Housing Units Inside Urbanized Cluster 5.4% Rural Housing Units 7.2% 2010 Population By Urban/ Rural Status Total Population 321,520 Population Inside Urbanized Area 80.7% Population Inside Urbanized Cluster 10.8% Rural Population 8.5% Data Note: Households with children include any households with people under age 18, related or not. Multigenerational households are families with 3 or more parent -child relationships. Unmarried partner households are usually classified as nonfamily households unless there is another member of the household related to the householder. Multigenerational and unmarried partner households are reported only to the tract level. Esri estimated block group data, which is used to estimate polygons or non-standard geography. Source: Esri, Esri-Data Axle, U.S. Census May 16, 2023 Packet Pg. 237 esne ��wF'� Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County Collier Count... Top 3 Tapestry Segments 1. Silver & Gold (9A) 2. The Elders (9C) 3. Urban Edge Families (7C) 2022 Consumer Spending 2022 2027 Households by Income Number Percent Number Percent Household 163,141 100% 170,905 100% <$15,000 11,127 6.8% 7,976 4.7% $15,000-$24,999 7,648 4.7% 5,439 3.2% $25,000-$34,999 12,047 7.4% 9,389 5.5% $35,000-$49,999 15,640 9.6% 13,416 7.8% $50,000-$74,999 24,586 15.1% 23,755 13.9% $75,000-$99,999 22,121 13.6% 23,445 13.7% $100,000-$149,999 31,277 19.2% 37,671 22.0% $150,000-$199,999 14,206 8.7% 19,735 11.5% $200,000+ 24,489 15.0% 30,079 17.6% Median Household Income $85,162 $101,707 Average Household Income $127,724 $148,920 Per Capita Income $53,839 $63,006 Source: Esn, Esri-Data Axle, U.S. Census May 16, 2023 Packet Pg. 238 (Desna Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County 2022 Households by Income and Age of Householder <25 25-34 35-44 45-54 55-64 65-74 75+ HH Income Base 3,634 16,098 19,448 21,426 29,154 35,866 37,515 <$15,000 550 1,016 1,054 967 1,908 2,416 3,216 $15,000-$24,999 285 689 617 625 1,093 1,679 2,660 $25,000-$34,999 453 1,362 1,273 1,043 1,702 2,397 3,817 $35,000-$49,999 594 1,785 1,691 1,602 2,232 2,975 4,761 $50,000-$74,999 823 2,991 2,793 3,183 3,998 5,342 5,456 $75,000-$99,999 439 2,491 2,892 2,904 3,826 4,797 4,772 $100,000- 365 3,313 4,435 4,890 6,029 6,694 5,551 $150,000- 66 1,065 1,943 2,466 2,962 3,291 2,413 $200,000+ 59 1,386 2,750 3,746 5,404 6,275 4,869 Median HH Income $47,824 $76,533 $93,602 $102,522 $98,478 $89,675 $68,187 Average HH $61,660 $104,289 $128,702 $142,954 $143,016 $137,747 $113,506 Percent Distribution <25 25-34 35-44 45-54 55-64 65-74 75+ HH Income Base 100% 100% 100% 100% 100% 100% 100% <$15,000 15.1% 6.3% 5.4% 4.5% 6.5% 6.7% 8.6% $15,000-$24,999 7.8% 4.3% 3.2% 2.9% 3.7% 4.7% 7.1% $25,000-$34,999 12.5% 8.5% 6.5% 4.9% 5.8% 6.7% 10.2% $35,000-$49,999 16.3% 11.1% 8.7% 7.5% 7.7% 8.3% 12.7% $50,000-$74,999 22.6% 18.6% 14.4% 14.9% 13.7% 14.9% 14.5% $75,000-$99,999 12.1% 15.5% 14.9% 13.6% 13.1% 13.4% 12.7% $100,000- 10.0% 20.6% 22.8% 22.8% 20.7% 18.7% 14.8% $150,000- 1.8% 6.6% 10.0% 11.5% 10.2% 9.2% 6.4% $200,000+ 1.6% 8.6% 14.1% 17.5% 18.5% 17.5% 13.0% Source: Esri, Esri-Data Axle, U.S. Census May 16, 2023 Packet Pg. 239 Oesn' Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County 2027 Households by Income and Age of Householder <25 25-34 35-44 45-54 55-64 65-74 75+ HH Income Base 3,629 15,805 21,316 20,954 27,779 37,807 43,615 <$15,000 474 677 788 633 1,137 1,615 2,652 $15,000-$24,999 242 488 443 415 660 1,128 2,063 $25,000-$34,999 396 1,049 1,080 770 1,135 1,776 3,183 $35,000-$49,999 510 1,526 1,504 1,292 1,639 2,462 4,483 $50,000-$74,999 843 2,668 21554 2,620 3,414 5,333 6,323 $75,000-$99,999 Soo 2,504 31075 2,653 3,556 5,182 5,975 $100,000- 496 3,855 5,557 5,297 6,534 8,085 7,847 $150,000- 99 1,426 2,760 3,065 3,773 4,649 3,963 $200,000+ 69 1,612 3,555 4,209 5,931 7,577 7,126 Median HH Income $53,897 $88,084 $107,174 $114,459 $113,093 $105,904 $86,234 Average HH $71,255 $120,902 $149,032 $163,077 $165,914 $159,828 $138,399 Percent Distribution <25 25-34 35-44 45-54 55-64 65-74 75+ HH Income Base 100% 100% 100% 100% 100% 100% 100% <$15,000 13.1% 4.3% 3.7% 3.0% 4.1% 4.3% 6.1% $15,000-$24,999 6.7% 3.1% 2.1% 2.0% 2.4% 3.0% 4.7% $25,000-$34,999 10.9% 6.6% 5.1% 3.7% 4.1% 4.7% 7.3% $35,000-$49,999 14.1% 9.7% 7.1% 6.2% 5.9% 6.5% 10.3% $50,000-$74,999 23.2% 16.9% 12.0% 12.5% 12.3% 14.1% 14.5% $75,000-$99,999 13.8% 15.8% 14.4% 12.7% 12.8% 13.7% 13.7% $100,000- 13.7% 24.4% 26.1% 25.3% 23.5% 21.4% 18.0% $150,000- 2.7% 9.0% 12.9% 14.6% 13.6% 12.3% 9.1% $200,000+ 1.9% 10.2% 16.7% 20.1% 21.4% 20.0% 16.3% 2022 Households by Net Number Percent Total 163,141 100.0% <$15,000 25,584 15.7% $15,000-$34,999 6,354 3.9% $35,000-$49,999 3,064 1.9% $50,000-$74,999 6,317 3.9% $75,000-$99,999 6,298 3.9% $100,000-$149,999 9,169 5.6% $150,000-$249,999 17,667 10.8% $250,000-$499,999 22,732 13.9% $500,000-$999,999 23,115 14.2% $1,000,000-$1,499,999 10,589 6.5% $1,500,000-$1,999,999 5,983 3.7% $2,000,000+ 26,269 16.1% Median Net Worth $304,074 Average Net Worth $1,985,892 Wealth Index 164 Source: Esri, Esri-Data Axle, U.S. Census May 16, 2023 r Packet Pg. 240 Oesne Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County Number of Households 2022 Net Worth by Age of Householder <25 25-34 35-44 45-54 55-64 65-74 75+ Total 3,634 16,098 19,448 21,426 29,154 35,866 37,515 <$15,000 1,820 7,132 5,198 2,504 3,572 3,599 1,759 $15,000-$34,999 596 1,516 1,451 857 750 999 185 $35,000-$49,999 127 730 479 387 564 587 190 $50,000-$74,999 156 1,358 1,015 979 1,091 780 938 $75,000-$99,999 399 1,130 1,369 990 930 503 977 $100,000-$149,999 280 1,362 1,291 2,018 1,892 981 1,345 $150,000-$249,999 157 1,386 2,750 3,200 3,149 2,702 4,323 $250,000-$499,999 71 882 2,521 4,064 4,365 4,779 6,050 $500,000-$999,999 28 479 2,115 3,026 4,227 7,032 6,208 $1000000+ 0 123 1,259 3,401 8,614 13,904 15,540 Median Net Worth $14,975 $24,572 $106,485 $240,154 $370,273 $649,896 $678,361 Average Net Worth $53,720 $105,153 $567,398 $1,278,950 $2,328,288 $3,268,676 $2,626,729 Source: Esri, Esri-Data Axle, U.S. Census May 16, 2023 Packet Pg. 241 (;esri" Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County Rank Tapestry Segment 1 Silver & Gold (9A) 2 The Elders (9C) 3 Urban Edge Families (7C) 4 The Great Outdoors (6C) 5 Golden Years (9B) Subtotal 6 Rural Resort Dwellers (6E) 7 Old and Newcomers (8F) 8 Bright Young Professionals (8C) 9 Senior Escapes (9D) 30 Farm to Table (7E) Subtotal 11 Green Acres (6A) 12 NeWest Residents (13C) 13 Up and Coming Families (7A) 14 Retirement Communities (9E) 15 Front Porches (8E) Subtotal 16 Exurbanites (1E) 17 Midlife Constants (5E) 18 Home Improvement (4B) 19 Workday Drive (4A) 20 Middleburg (4C) Subtotal Total Top Ten Tapestry Segments Site vs. U.S. Farm to Table (7E) Senior Escapes (9D) Bright Young Professionals (8C) Old and Newcomers (8F) Rural Resort Dwellers (6E) Golden Years (9B) The Great Outdoors (6C) Urban Edge Families (7C) The Elders (9C) Silver & Gold (9A) 0 2 4 2022 Households Cumulativ Percent Percent 24.1% 24.1% 11.3% 35.4% 8.3% 43.7% 6.5% 50.2% 6.2% 56.4% 56.4% 5.7% 62.1% 4.6% 66.7% 3.8% 70.5% 3.4% 73.9% 3.2% 77.1% 20.7% 2.9% 79.9% 2.5% 82.5% 2.3% 84.8% 2.2% 86.9% 2.0% 88.9% 11.9% 2.0% 90.9% 1.8% 92.7% 1.1% 93.9% 1.0% 94.8% 0.7% 95.6% 6.6% 95.6% 2022 U.S. Households Cumulative Percent Percent 0.8% 0.8% 0.7% 1.5% 1.5% 3.0% 1.5% 4.6% 1.3% 5.9% 5.8% 1.0% 6.9% 2.3% 9.2% 2.3% 11.5% 0.9% 12.4% 0.2% 12.6% 6.7% 3.3% 15.9% 0.8% 16.7% 2.8% 19.5% 1.2% 20.6% 1.6% 22.2% 9.7% 1.9% 24.2% 2.4% 26.6% 1.7% 28.3% 3.1% 31.3% 3.1% 34.4% 12.2% 34.4% 6 8 10 12 14 16 18 20 22 24 Percentof Households by Tapestry Segment Index 3033 1,546 549 421 473 574 200 163 381 1,338 89 315 82 182 126 102 76 67 31 24 278 ■ Site U.S. Source: Esri, Esri-Data Axle, U.S. Census May 16, 2023 Packet Pg. 242 . (;esne Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County Tapestry LifeMode Groups 2022 Households 2022 Adult Population Number Percent Index Number Percent Index Total: 163,141 100.0% 320,094 100.0% 1. Affluent Estates 3,613 2.2% 23 7,362 2.3% 21 Top Tier (1A) 421 0.3% 16 861 0.3% 15 Professional Pride (113) 0 0.0% 0 0 0.0% 0 Boomburbs (1C) 0 0.0% 0 0 0.0% 0 Savvy Suburbanites (1D) 0 0.0% 0 0 0.0% 0 Exurbanites (1E) 3,192 2.0% 102 6,501 2.0% 103 2. Upscale Avenues 0 0.00/0 0 0 0.00/0 0 Urban Chic (2A) 0 0.0% 0 0 0.0% 0 Pleasantville (213) 0 0.0% 0 0 0.0% 0 Pacific Heights (2C) 0 0.0% 0 0 0.0% 0 Enterprising Professionals (2D) 0 0.0% 0 0 0.0% 0 3. Uptown Individuals 0 0.00/0 0 0 0.00/0 0 Laptops and Lattes (3A) 0 0.0% 0 0 0.0% 0 Metro Renters (313) 0 0.00/0 0 0 0.0% 0 Trendsetters (3C) 0 0.0% 0 0 0.0% 0 4. Family Landscapes 4,628 2.8% 36 10,502 3.3% 40 Workday Drive (4A) 1,569 1.0% 31 3,743 1.2% 36 Home Improvement (413) 1,846 1.1% 67 4,353 1.4% 75 Middleburg (4C) 1,213 0.7% 24 2,406 0.8% 25 S. GenXurban 5,208 3.2% 29 9,753 3.0% 28 Comfortable Empty Nesters 0 0.0% 0 0 0.0% 0 In Style (513) 988 0.6% 27 2,108 0.7% 31 Parks and Rec (5C) 1,203 0.7% 38 2,138 0.7% 35 Rustbelt Traditions (5D) 0 0.0% 0 0 0.0% 0 Midlife Constants (5E) 3,017 1.8% 76 5,507 1.7% 74 6. Cozy Country Living 24,581 15.10/0 128 48,926 15.3% 131 Green Acres (6A) 4,728 2.9% 89 10,710 3.3% 99 Salt of the Earth (613) 0 0.0% 0 0 0.0% 0 The Great Outdoors (6C) 10,582 6.5% 421 21,512 6.7% 442 Prairie Living (6D) 0 0.0% 0 0 0.0% 0 Rural Resort Dwellers (6E) 9,271 5.7% 574 16,704 5.2% 568 Heartland Communities (6F) 0 0.0% 0 0 0.0% 0 7. Sprouting Explorers 24,528 15.00/0 99 59,018 18.4% 220 Up and Coming Families (7A) 3,736 2.3% 82 8,367 2.6% 89 Urban Villages (713) 0 0.0% 0 0 0.0% 0 Urban Edge Families (7C) 13,558 8.3% 549 32,561 10.2% 598 Forging Opportunity (7D) 1,201 0.7% 70 3,290 1.0% 86 Farm to Table (7E) 5,197 3.2% 1,338 12,882 4.0% 1,375 Southwestern Families (7F) 836 0.5% 64 1,918 0.6% 69 Source: Esri, Esri-Data Axle, U.S. Census May 16, 2023 Packet Pg. 243 Oesri'�' Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County Tapestry LifeMode Groups 2022 Households 2022 Adult Population Number Percent Index Number Percent Index Total: 163,141 100.0% 320,094 100.0% 8. Middle Ground 16,844 10.3% 95 30,657 9.6% 94 City Lights (8A) 0 0.0% 0 0 0.0% 0 Emerald City (8B) 0 0.0% 0 0 0.0% 0 Bright Young Professionals 6,129 3.8% 163 11,148 3.5% 166 Downtown Melting Pot (8D) 0 0.0% 0 0 0.0% 0 Front Porches (8E) 3,251 2.0% 126 5,805 1.8% 120 Old and Newcomers (8F) 7,464 4.6% 200 13,704 4.3% 214 Hometown Heritage (8G) 0 0.0% 0 0 0.0% 0 9. Senior Styles 77,036 47.2% 819 139,914 43.7% 847 Silver & Gold (9A) 39,383 24.1% 3,033 71,842 22.4% 3,082 Golden Years (9B) 10,187 6.2% 473 19,767 6.2% 507 The Elders (9C) 18,376 11.3% 1,546 31,244 9.8% 1,592 Senior Escapes (9D) 5,554 3.4% 381 10,116 3.2% 376 Retirement Communities (9E) 3,536 2.2% 182 6,945 2.2% 206 Social Security Set (91F) 0 0.0% 0 0 0.0% 0 10. Rustic Outposts 1,015 0.6% 8 1,944 0.6% 8 Southern Satellites (10A) 485 0.3% 10 920 0.3% 9 Rooted Rural (10B) 0 0.0% 0 0 0.0% 0 Economic Bed Rock (10C) 0 0.0% 0 0 0.0% 0 Down the Road (10D) 530 0.3% 28 1,024 0.3% 28 Rural Bypasses (10E) 0 0.0% 0 0 0.0% 0 11. Midtown Singles 1,571 1.0% 15 2,899 0.9% 17 City Strivers (11A) 0 0.0% 0 0 0.0% 0 Young and Restless (11B) 0 0.0% 0 0 0.0% 0 Metro Fusion (11C) 924 0.6% 39 1,831 0.6% 43 Set to Impress (11D) 0 0.0% 0 0 0.0% 0 City Commons (11E) 647 0.4% 45 1,068 0.3% 44 12. Hometown 0 0.00/0 0 0 0.00/0 0 Family Foundations (12A) 0 0.0% 0 0 0.0% 0 Traditional Living (12B) 0 0.0% 0 0 0.0% 0 Small Town Sincerity (12C) 0 0.0% 0 0 0.0% 0 Modest Income Homes (12D) 0 0.0% 0 0 0.0% 0 13. Next Wave 4,117 2.5% 64 9,119 2.8% 67 Diverse Convergence (13A) 0 0.0% 0 0 0.0% 0 Family Extensions (13B) 0 0.0% 0 0 0.0% 0 NeWest Residents (13C) 4,117 2.5% 315 9,119 2.8% 353 Fresh Ambitions (13D) 0 0.0% 0 0 0.0% 0 High Rise Renters (13E) 0 0.0% 0 0 0.0% 0 14. Scholars and Patriots 0 0.0% 0 0 0.0% 0 Military Proximity (14A) 0 0.0% 0 0 0.0% 0 College Towns (14B) 0 0.0% 0 0 0.0% 0 Dorms to Diplomas (14C) 0 0.0% 0 0 0.0% 0 Unclassified (15) 0 0.0% 0 0 0.0% 0 Source: Esri, Esri-Data Axle, U.S. Census May 16, 2023 Packet Pg. 244 9u-esr*i- W•1 Meyers ESRI Template (ESRI 2022) Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County Data Note: Consumer spending shows the amount spent on a variety of goods and services by households that reside in the area. Expenditures are shown by broad budget categories that are not mutually exclusive. Consumer spending does not equal business revenue. Total and Average Amount Spent Per Household represent annual figures. The Spending Potential Index represents the amount spent in the area relative to a national average of 100. Source: Consumer Spending data are derived from the 2018 and 2019 Consumer Expenditure Surveys, Bureau of Labor Statistics. Esri. 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U � � w N a Z o - � � a K i N � ° - N a z W , E O a L) C Gc G W K i w = pgo U J LL W g F i -a N f6 U N r CD O) (DU Z v O 3 O O p m d 2 � IL E W J ac ^, W aD d U N W w J J 4 cc V \ 2 2 W W H7 w ZH $ �V \ L E ` J / `\ H O Q N _ _ 3 `\ W 2 \41 W Q Z LL D O ' U 00 � f J J f 1 V OC j Q m a i D I J a O Z I LU Z g � ° ° U W C a c O p p w= O a a� u > / a m O O TU x� Jz O� a� W ° M V71W OLL `ln C N N N �O V a Zz �Z \ LU o N a W9.A.1.c PENINSULA�� ENGINEERING RADIO LANE COMMERCIAL INFILL SUBDISTRICT LEVEL OF SERVICE ANALYSIS EXHIBIT V.E.1.a The subject site is comprised of two (2) parcels, collectively 3.5-acres in size, and is located north of Davis Boulevard and south of Radio Lane in Naples, Florida. The site is within the C-3 zoning district and is designated Urban Mixed - Use District, Urban Residential Subdistrict, per the Future Land Use Map of the Collier County Growth Management Plan. The intent of this Small -Scale Growth Management Plan Amendment is to request a site -specific map and text amendment to the Future Land Use Element to establish a Subdistrict within the Urban Mixed -Use District. The proposed Radio Lane Commercial Infill Subdistrict will permit a maximum of 32,500 SF of commercial uses on the subject property. Summary of Existing Use: The existing site is currently undeveloped. Summary of Proposed Use: The site will be developed with a maximum of 32,500 SF of commercial uses. C-3 uses are being retained and boat sales, and boat and engine repair/services are also being added as permitted uses on the subject property. The Level of Services Analysis outlines the development's impacts on public facilities including, potable water, sanitary sewer, drainage, parks, schools, roadways, fire/EMS and solid waste. The Collier County 2022 Annual Update and Inventory Report / Capital Improvement Element (2022 AUIR/CIE) was utilized to analyze the Level of Service. Utilities (Potable Water & Sanitary Sewer) The proposed subdistrict does not authorize residential development and does not increase the County's population; therefore, no significant increase in public facility demands will occur as a result of the approval of this Subdistrict. Surface Water Management (Drainage) The stormwater management system will be designed to Collier County and SFWMD standards. The proposed Subdistrict does not adversely impact the County's drainage system or structures. Arterial and Collector Roads Please refer to the Traffic Impact Statement, prepared by Trebilcock Consulting Solutions, for the development's projected impact(s) on the adjacent roadways and Level of Service standards. 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. 253 W9.A.1.c PENINSULA�� ENGINEERING Solid Waste The proposed subdistrict does not authorize residential development and does not increase the County's population; therefore, no significant increase in solid waste demands will occur as a result of the approval of this Subdistrict. The proposed Subdistrict will not cause any LOS issues within the 5-year planning horizon. Parks: Community and Regional The proposed subdistrict does not authorize residential development and does not increase the County's population; therefore, no impacts to parks will occur as a result of the approval of this Subdistrict. Public Schools The proposed subdistrict does not authorize residential development and does not increase the County's population; therefore, no impacts to public schools will occur as a result of the approval of this Subdistrict. Fire and EMS The subject site is located within the Greater Naples Fire District. The nearest fire station (Golden Gate Station #72) is located within one mile from the site and the nearest EMS station is less than 2-miles from the site; Refer to the Public Facilities Map for reference (Exhibit V.E.2). Impact fees will be paid based on the commercial square footage constructed. The level of service for fire and EMS facilities is not significantly or adversely impacted by the proposed Subdistrict. 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. 254 AOW vi w I 11111 r wo a INSTR 6183431 OR 6065 PG 421 E-RECORDED 12/30/2021 5:43 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $16,660.00 REC $35.50 CONS $2,380,000.00 EXHIBIT I.0 .A.1.c This Instrument prepared without review or opinion of title by: Kristin M. Conroy Conroy, Conroy & Durant, P.A. 2210 Vanderbilt Beach #1201 Naples, FL 341 Q91; ;.. Parcel ID: OD20 i3,and 00399320006 Consideration: $2,3$ ` 04060d Special Warranty Deed This Special Warrant},eed .is made this 30th day of December, 2021, Between A. so Grover Matheney, as Succesr;TT ," st "e under that certain Declaration of Land Trust by Owen M. Ward, dated as of Ain' ,986 (as to Parcel 1) and A. Grover Matheney, as Successor Trustee under that Let =' - ment, dated as of June 29, 1988 by Owen M. Ward (as to Parcel 2), ("Grantor") of 13 Y3977, PO Box 25207, Miami, FL 33102, and JJF Stonington LLC, a Connecticut 1 >ted 'ability company, ("Grantee") of c/o Fareri Associates L.P., One Greenwich Offices j th, 3rd Floor -Suite 350, Greenwich, CT 06831. WITNESSETH that the Grantor, for andn s tration of the sum of TEN DOLLARS s e. ($10.00), and other good and valuable considerat>cVr1,ti ;antor in hand paid by Grantee, the receipt of which is hereby acknowledged, by these preen -nes grant, bargain, sell and convey yj to Grantee, and Grantee's successors and assigns for erl.ht, title, and interest in and to the following described land, situate, lying and being >n lau of Collier, State of Florida, to wit: See Attached Exhibit "A" incorporated herein SUBJECT TO property taxes for the year 2022 and ;s kqil, ent years; covenants, restrictions, and public utility easements of record; and existm ` irrg, and governmental regulations. Trustee as to each Trust (Grantor) does not have a beneficial interest in the,tr. Kas' .ts and subject land is not Grantor's homestead property, nor the homestead property of his ' ; ", r any family member, nor is the property contiguous to the homestead property of Grantor or., 's spouse or family member. TOGETHER WITH all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. File No.: 9786-14 Warranty Deed Page 1 of 2 Packet Pg. 258 OR 6065 PG 422 9.A.1.c .And the Grantor fully warrants the title to the property described herein and will defend the same against the lawful claims of all persons claiming by, through, or under Grantor, but none other. IN WITNESS W 48"OF, the Grantor has hereunto set its hand and seal as of the year and date first above . ri , Signed, sealed and o i iver' ch in the presence of two witnesses as to both: A. Grover Matheney, as Suc'i. 'or Trustee under that certain Declaration of Land Trust b`` ` wen Ward, dated as of June 18, 1986 (as to Parcel 1) —R A. Grover Matheney, as Successor TF- tiee er that Letter Agreement, dated as of June 29,1988 1 `yl. Ward (as to Parcel 2) Witness 41 sign above VVrdne Alea Dellecave Witness #1 print name above Witiis STATE OF FLORIDA COUNTY OF COLLIER r �Y above name above The foregoing instrument was acknowledged before me, by mean&off ) physical presence or M online notarization, this 29th day of December, 2021, by A: GI Matheney, as Successor Trustee under that certain Declaration of Land Trust by CJM. Ward, dated as of June 18,1986 and A. Grover Matheney, as Successor Trusteei4itdWi6t Letter Agreement, dated as of June 29, 1988 by Owen M. Ward, who are[ ] personally known to me or who [ V have produced PASSPORT as identification. "A" PC; 1 IRGINIA LEA CLARK _ Sea' Public - State of Florida Sig; �. �� 1` Commission i# GG2ss720 My Expires on October 14, 2022 r File No.: 9786-1 Warranty Deed Page 2 of 2 Expires: 10/14/2022 using audio -video communication Packet Pg. 259 OR 6065 PG 423 9.A.1.c Exhibit "A" Parcel 1:` That part of the= st.,,half of the Northwest quarter of Section 3, Township 50 South, Range 26 East, lying North/of St to Road 84 (formerly known as State Road S-856), also known as Davis Boulevard Exten'and South of State Road S-858, More particularly described as: Commencing at the North I/A corner of Section 3, Township 50 South, Range 26 East, Collier County, Florida; thence along the North -South 1/4 line of said Section 3, S 00 degrees 54'52" W 50.00 feet; thence along a ene, which is 50 feet South of and parallel to the North line of said Section 3, S 89 degrees 54'2C `1+V 462.78 feet for a PLACE OF BEGINNING; Thence continuing S 89 degrees 5470"' W 85,8.64 feet; thence S 00 degrees 31'13" W 589.82 feet to the Northwesterly right-of-way`line� of`5tate Road S-856 (Davis Boulevard Extension); thence along said right-of-way line, 16iO.08`feet along the arc of a circular curve concave to the Southeast, radius of 2939.79 feet, del z' f 3 degrees 41'10", chord bearing N 59 degrees 17'07" E 1005.12 feet; thence N 00 degrees 5'40" AIV 77.83 feet to the PLACE OF BEGINNING. LESS Commencing at the North 1/4 corner of Section 3, ioWns p 50 South, Range 26 East, Collier County, Florida; thence along the North -South 1/4 line said Section 3, S 00 degrees 54'52" W 50.00 feet thence aloe aline which is 50 feet ocfnd parallel to the North line of 9 .? .. said Section 3, S 89 degrees 54'20" W 462.78 feet fora4PLAtE,,OF BEGINNING; Thence continuing S 89 degrees 54'20" W 305.65 feet; thence 00 degrees 05'40" E 214.17 feet to the Northwesterly right-of-way line of State Road S- (Davis Boulevard Extension); thence along said right-of-way line, 334.86 feet along the arc ofa-circular curve concave to the Southeast, radius of 2939.79 feet, delta of 06 degrees 31'35"; ch6k bearing N 65 degrees 51'55" E 334.68 feet; thence N 00 degrees 05'40" W 77.83 feet to-thi P-L4CE OF BEGINNING. i Bearings are based on the North line of the Northwest 1/4 of said Serb 3 as being S 89 degrees 54'20" W. LESS AND EXCEPT the lands described in that Stipulated Final Judgment datedlay 17, 2001 and recorded on May 23, 2001, in Official Records Book 2829, at Page 24,z2; o`f'the Public Records of Collier County, Florida, AND ALSO LESS AND EXCEPT all the lands lying Northeasterly of the lands described in that Stipulated Final Judgment dated May 17, 2001 and recorded on May 23, 2001, in Official Records Book 2829, at Page 2422, of the Public Records of Collier County, Florida. Packet Pg. 260 *** OR 6065 PG 424 *** 9.A.1.c and Parcel 2: Being a portion of the NW 1/4 of the NW 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida; and being more particularly described as follows: Commence attTie Nthwest corner of said Section 3; run thence N 89 degrees 54'20" E, along the Norther fi,pebf said Section 3, for 821.76 feet; thence S 00 degrees 31'13" W, 50,00 feet to the PO, T.0 BEGINNING, also being in the Southerly right-of-way line of State Route S-858; thence., 9 degrees 54'20" E, along said Southerly right-of-way line 500.00 feet; thence S 00 degrees, 1'AY W, 589.82 feet to the Northerly right-of-way line of State Route S-856; said Northerly right-of-way line being a curve to the Southwest, having a radius of 2939.79 feet, and whose chord bears S 42 degrees 06'38" W, for 753.20 feet; thence along the arc of said curve 755.2.T feet 'thence N 00 degrees 31'13" E, 1147.78 feet to the POINT OF BEGINNING. LESS AND EXCEPT the lands des lb'eC in that Warranty Deed, dated June 14, 1999 and recorded on June 16, 1999 in Official cards Book 2559, at Page 1817, of the Public Records of Collier County, Florida., AND ALSO LESS AND EXCEPT all the lads Iraq Southwesterly of the lands described in that Warranty Deed, dated June 14, 1999 arr, a ed on June 16, 1999 in Official Records Book 2559, at Page 1817, of the Public Records . Collier County, Florida. Packet Pg. 261 n a °ma Low,3Ne- l0"nS - - a , JNRi33NI�JN3 asnoHlvoa WnSNIN3d N°L39,°>LL53MLa°N3NL,° LLS33NL,°Ladd,° oAn mi s BIIII ONVI SdSN/VIIV:,,_ i9 a31110� SCALE: - ��a a Im I m 1.I WNW ffi °. 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In addition if you can confirm the project intensity for us that would be helpful - square footage for the sales building and number of service bays. As a placeholder we have tentatively targeted 4-14 for completion of our report and wanted to make sure that date would work for you. Thank you. Ciprian ---------- Forwarded message --------- From: Clark, Mark <Mark.Clark@dot.state.fl.us> Date: Mon, Feb 27, 2023 at 8:22 AM Subject: RE: The Boat House - Potential Access Proposed on Davis Blvd (SR 84) To: Ciprian Malaescu <cmalaescu@trebilcock.biz> Cc: Norman Trebilcock <ntrebilcock@trebilcock.biz>, Breuggeman, Walter <Walter.Breuggeman@dot.state.fl.us>, Stroz, Jim <Jim.Stroz@dot.state.fl.us>, VargaCecilia <Cecilia.Varga@colliercountvfl.gov> Good morning Ciprian, I have reviewed the request and the concept plan and provide the following comments and concerns: 1. The parcel does not have enough frontage to gain a conforming driveway on this section of SR 84. 2. The site has reasonable and adequate access to the state facility indirectly from Radio Road \ Radio lane. 3. Radio Road intersection with David Blvd at a signalized location which provides the site full movements access to the state facility. Based on this information the Department would not agree to allowing a non -conforming driveway on Davis Blvd for this development as an additional driveway is not necessary for the site to gain access to the state facility. I hope this information is helpful in your endeavors. Packet Pg. 263 9.A.1.c Mark Clark Access Management Specialist FDOT SWIFT SunGuide Center 10041 Daniels Parkway Fort Mvers; Florida 33913 mark. clarkC dot state.1l. us (239) 225 -1984 Office (863) 272 -3366 Cell From: Ciprian Malaescu <cmalaescu@trebilcock.biz> Sent: Wednesday, February 22, 2023 10:39 AM To: Clark, Mark <Mark.Clark@dot.state.fl.us> Cc: Norman Trebilcock <ntrebilcock@trebilcock.biz> Subject: The Boat House - Potential Access Proposed on Davis Blvd (SR 84) Packet Pg. 264 9.A.1.c EXTERNAL SENDER: Use caution with links and attachments. Good morning Mark, We are providing transportation support for a new development in Collier County called The Boat House (site plan attached). The project is currently seeking rezone approval with Collier County. The developer is contemplating a request for a new access on Davis Boulevard. As requested by the County staff and at your convenience, we would appreciate your input in regard to this potential connection. Based on our preliminary traffic evaluation we can present the following - Property is located on the northeast quadrant of Davis Blvd (SR 84) and Radio Rd (CR 956), in Collier County. The zoning request will allow for boat sales, service and repairs on the property. - The site is currently vacant. As such, the development would constitute a significant change of use The proposed access will follow current FDOT design standards and FDOT Access Management standards. - This portion of SR 84 has an Access Management Classification of 3 with a posted speed of 45 mph and a preliminary Context Classification of C3R (Suburban Residential). The established spacing standard is 440 ft between driveway connections. - The proposed driveway on SR 84 does not meet the minimum driveway spacing standards for this segment of US 41, and if approved would be classified as a non -conforming access. Thank you for your time. Ciprian Ciprian Malaescu, El Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 239-566-9551 - Office 239-566-9553 - Fax Packet Pg. 265 9.A.1.c http://www.Trebilcock.biz Ciprian Malaescu, El Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 239-566-9551- Office 239-566-9553 - Fax http://www.Trebilcock.biz [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Packet Pg. 266 W9.A.1.c PENINSULA�� ENGINEERING Memorandum Date: October 2, 2023 To: Kathy Eastely, AICP - Collier County Comprehensive Review Nancy Gunlach, AICP, PLA, CSM - Collier County Zoning Division From: Jessica Harrelson, AICP RE: Boat House PUDZ-PL20230002068 / GMPA-PL20230002069 NIM Summary A NIM was held on Wednesday, September 27, 2023, at the Naples Regional Library, located at 650 Central Ave, Naples, FL 34102 and began at 5:30pm. One (1) individual from the public, a resident of Hadley Place, attended the meeting. The below individuals associated with the petition were also present: 1. Jessica Harrelson, AICP — Peninsula Engineering 2. Josh Fruth — Peninsula Engineering 3. Richard Yovanovich, Esq. — Coleman, Koester and Yovanovich 4. David Dratnol —Trebilcock Consulting Solutions 5. Kathy Eastley, AICP — Collier County Comprehensive Review 6. Nancy Gundlach, AICP, PLA, CSM - Collier County Zoning Division Jessica Harrelson made a presentation, using PowerPoint to review the details of the request as outlined below: • Slides 1-2: Project Team Introductions • Slide 3: PUDZ/GMPA application and request details • Slide 4: Property location & property size • Slide 5: Existing zoning, existing permitted land uses & abutting land uses • Slide 6: PUD Master Plan details, access locations • Slide 7: Proposed development standards • Slide 8: Proposed developer commitments related to boat sales/service • Slide 9: Review of preliminary land plan • Slides 10-12: Line -of -sight exhibits • Slide 13: Next steps • Slide 14: Conclusion/contact information 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. 267 W9.A.1.c PENINSULA�� ENGINEERING The following questions were asked: 1. Will the entrance be on Radio Road? Jessica Harrelson responded that entrances would be on Radio Lane and used the preliminary land plan to review access locations. 2. Will there be ample parking within the site? Jessica Harrelson responded that there would be ample parking within the site. 3. Will this be the same as the one on Enterprise, using forklifts, appearing junky, noise? Jessica responded that there will be equipment on -site but the 8'solid wall, along with the 25' buffer and Radio Lane ROW width would mitigate for those impacts. Josh Fruth responded that she was referring to Naples Boat Mart, and the biggest difference is that there really isn't a buffer provided on the Naples Boat Mart site. He further explained that the building faces so operations ("noise") would project towards Davis Blvd. 4. The attendee expressed that Radio Lane 'gets tight' with being turning onto the ROW and traveling to the bowling alley. Jessica Harrelson responded that a full analysis would be done at time of Site Development Plan permitting to confirm of any needed roadway improvements. 5. What will be the signage? Jessica Harrelson responded that the development was in the early planning stages and signage had not yet been confirmed. The meeting concluded at 5:42pm. End Memo. 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. 268 9.A.1.c NaPlICS 4 Ott lj NtWS PART OFTHE USA TODAY NETWORK Published Daily Naples, FL 34110 PENINSULA ENGINEERING 2600 GOLDEN GATE PKWY NAPLES, FL 34105 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the Naples Daily News, published in Collier County, Florida; that the attached copy of advertisement, being a PUBLIC NOTICE, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on: Issue(s) dated: 9/3/2023 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally Known to me, on September 3rd, 2023: l Notary, State of WI, County of Brown My commission expires: (` - KATHLEEN ALLEN Notary Public State of Wisconsin Publication Cost: $604.80 Ad No: GC11101330 Customer No: 585101 Po #: Public Notice - DISPLAY AD 3X6 # of Affidavits: 1 This is not an invoice Packet Pg. 269 9.A.1.c NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITIONS: PUDZ-PL20230002068 — Boat House Commercial Planned Unit Development (CPUD) GMPA-PL20230002069 — Boat House Commercial Subdistrict A neighborhood information meeting is scheduled for Wednesday, September 27, 2023, beginning at 5:30pm at the Naples Regional Library (650 Central Avenue, Naples, FL 34102). The purpose of the meeting is to inform those interested in the details of the project. The following formal applications have been submitted to Collier County Growth Management: Planned Unit Development Rezone: seeking to rezone the property from the Commercial Intermediate (C-3) zoning district to the Boat House Commercial Planned Unit Development (CPUD) to allow a maximum of 32,500 SF of gross floor area of permitted and conditional uses allowed by the C-3 zoning district or up to 20,000 SF of gross floor area of boat sales and boat/engine service and repairs. Growth Management Plan Amendment: seeking a site -specific map and text amendment to the Future Land Use Element of the Collier County Growth Management Plan, to amend the existing GMP designation from the Urban Mixed -Use District, Residential Subdistrict, to establish anew Subdistrict within the Urban Commercial District. The proposed Boat House Commercial Subdistrict will allow a maximum of 32,500 SF of permitted and conditional uses allowed by the C-3 zoning district or up to 20,000 SF of gross floor area of boat sales and boat/engine service and repairs. The subject site is comprised of two (2) parcels, collectively 3.5-acres in size, and located north of Davis Boulevard and south of Radio Lane in Naples, Florida in Section 3, Township 50 South and Range 26 East If you have questions or would like to register to participate in the meeting remotely, please contact the individual below. Jessica Harrelson, AICP Peninsula Engineering Phone: 239.403.6751 Email: iarrelson@pen-eng.com Please note, remote participation is provided as a courtesy. The applicant and Peninsula Engineering are not responsible for any technical issues. Project information can be found on our website: www.i)en-enci.com/planning-projects or by using the OR code below: � .® J� IL 06 JESUBIECTPROPERW iyLA a N A, ND-GG11101330-01 Packet Pg. 270 NAPLESNEWS.COM I SUNDAY, SEPTEMBER 3, 2023 1 110 9.A.1.c Y;9P*1 SVour Source ' fol th� STATE OF TENNESSEE, DEPARTMENT OF CHI LDREN'S SERVICES V. ROBERT TREVINO The Stale of Tennessee. Departmenyyt of Children', S—keshot ea fd--lee1the pa ..1.1 rIII. iR tire R'rghU ofuRoba u Trelveno to the chilliggto , Eli Maynard b. 06.25.2010. rt A I,ie1 in this use is at for November 8. 2023 at 9:00 am before the Honorable lace Cochran, Judge for the Rhea County J. - I C.—Robe t Trevino must appear before this CounOR that data to determine whether his parental rights to the child should be terminated and forever ended. The Coun is located at 7800 Rhea County H,vy, Dayton, TN 37321. If Robert Trevino does not came to the Mal, the Slate will ask the Court to allow it to proceed without contest. That m ens hat the State will ask the Court to let It present o oof without having ny lawye appear and detend the rights of Robert Trevino In Court. r Any appeal of this Covrt's final dispotillon of the "=- nt by r pelitlon for [erminatimr f parental yhts will be governed the provisions of Rule 8A,TRAP, which Imposes specral time Itat(ens for the nl ing of the Iranurlr or s atement of evidence, the completion nil transmission of the record on apppeal, and the filing of brief, in the appellate mvn, as well as o11,er special provisions for expedng the appeal. You may obtal, a copy o/ the Petition d y sWsequently filed legal documents er hearing dates in the Rhea Counttyy luve- nle Coun Clerk's Office at the address shown above. Tlris wBl n titute ppropria[e sernce on Robert Trevino for all fuiurc /ilrn9 in this use. Pub Date: August 13, 20. 27, 5epteri , 3. 2023 5796742 PUBLIC NOTICE The Okb,n School Board of Collier County. Florida, will held a Regular School Board Meeting on Monday, September 11, 2023, at 430 p. m. at the Dr. Ma run Luther King Jr. Administrative Center, 5]]5 Oueola Trail, Naples, Florida, 341'GS The purpose If the meeting wdl be to discuss any matters legally brought be- orc the Bond. The agenda for the School Board Meeting will be available 1he website (www.collieruhoGlscom) Gn Monday, September 4, 2023. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE SCHOOL BOARD WITH RESPECT TO ANY MATTER CONSIDERED, HE HE WILL NEED A RECORD OF THE PROCEEDINGS AND, THEREFORE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 15 MADE. THE RECORD MUST INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Sept 3, 2023 45813093 II NOTICE OF PUBLIC SALE: BAKERS TOWING ggives notice that n 091,5 () 3 at 08'00 AM he foll.wing ehides(sl m y be sold by public sale at 2318 1 AND C BLVD NAPLES,FL. 34109 to salufy the her, for the amount owed each vehide for any re<ow Ices Iha lges andtadmmistra- Ive fee, allowed pursuant so Florida statute 713.78. 1HISC5]046M209]54 .... HOND Sept. 3, 2023 45.15'.. SELL CARR FIND A HOME A JOB ADOPT A PET BUY A BOAT Check out the classified ads everyday. NOTICE of NEIGHBORHOOD INFORMATION MEETING PENTIONG GW pis -Cal �i' C.C. ANanme U.1Dn•I-0mam ICftID1 mr-al5ueaamri kr„I ulwn Fc�linr mile:• 11 o m•JverN. NIvaRRM. P. Col. rTdoryPvryrlmlrae:err «aurr, qPao, apknlro a: a aopm ,: rnv N,Hn oso l,xwmlrov.Imneree In nM aeu:k Tm tmwma Iwmd aPPkuilP,e rw. rNm wamrrw 1. c.a:« cePmr cmran Mw9«nen :,kia�°�rzai°am s�w:r �zz"`WseBI°aeo.°i-,I.�:ra m.�e"rw���einla.':'w mamml,�amrw vc - v e. c°mca,:o �nvwc.,"d°rc,dn`�`°cI'i,Pa.+aal"wnrm:.rr lu�wrrFu,:•:iu�.. 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Steer Operator with amine- PABLO nl9)]149901 lO You ad BesI Massage In Naplesl Free" 1 Syn experience. Kathleen Marco to P isle Gorda (239)3]0.50]0 limm<suna]8 0M 4662 OMMIS031 FI. ticB CGC1523639 O maILcO1n n391 d51-5081 1239)269-,119 Packet Pg. 271 9.A.1.c Neighborhood Information Meeting Affidavit of Compliance I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance (Signature of Applicant) STATE OF FLORIDA, COUNTY OF COLLIER - The foregoing instrument was acknowledged before me by means of ❑✓ physical presence or Don I ine registration this 2nd day of October 20 23 by Jessica Harrelson who is Z personally known tome or has produce as identification. 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U'U'U' U' xxxxxx TE.— JJ 22.20Z ZhhhhhhC M » U00 9.A.1.c 7'tlliiiil� 1 PENINSULA`S ENGINEERING V NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITIONS: PUDZ-PL20230002068 — Boat House Commercial Planned Unit Development (CPUD) GM PA-PL20230002069 — Boat House Commercial Subdistrict A neighborhood information meeting is scheduled for Wednesday, September 27, 2023, beginning at 5:30pm at the Naples Regional Library (650 Central Avenue, Naples, FL 34102). The purpose of the meeting is to inform those interested in the details of the project. The following formal applications have been submitted to Collier County Growth Management: Planned Unit Development Rezone: seeking to rezone the property from the Commercial Intermediate (C-3) zoning district to the Boat House Commercial Planned Unit Development (CPUD) to permit a maximum of 32,500 SF of gross floor area of permitted and conditional uses allowed by the C-3 zoning district or up to 20,000 SF of gross floor area of boat sales and boat/engine service and repairs. Growth Management Plan Amendment: seeking a site -specific map and text amendment to the Future Land Use Element of the Collier County Growth Management Plan, to amend the existing GMP designation from the Urban Mixed -Use District, Residential Subdistrict, to establish a new Subdistrict within the Urban Commercial District. The proposed Boat House Commercial Subdistrict will allow a maximum of 32,500 SF of permitted and conditional uses allowed by the C-3 zoning district or up to 20,000 SF of gross floor area of boat sales and boat/engine service and repairs. The subject site is comprised of two (2) parcels, collectively 3.5-acres in size, and located north of Davis Boulevard and south of Radio Lane in Naples, Florida in Section 3, Township 50 South and Range 26 East. If you have questions or would like to register to participate in the meeting remotely, please contact the individual below. Jessica Harrelson, AICP Peninsula Engineering Phone: 239.403.6751 Email: iharrelson@pen-eng.com Please note, remote participation is provided as a courtesy. The applicant and Peninsula Engineering are not responsible for any technical issues. Project information can be found on our website: www.pen-eng.com/planning-projects or by using the QR code below: . b% 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. 288 9.A.1.c PENINSULA OZ ENGINEERING Sarecino 4 Calle Del Rey CIR C a o o a m m ° a ¢O C cc yra V1 U SUBJECT PROPERTY I a Vy SaadebYpOk CIR Obis Radio Rb Radio LN Club WAY �y0 Oat C V L LOCATION MAP 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. 289 Oil .1 � y lepiaLumoo asnoH jeog 841 690ZOOOCZOZ-ld --- m z z z w 9E:VLZ) 1=IHS S-lVIMBIVW OdOO- 13 ;!q!qxg :juew43ejjV tir CL Ic E 0 v cc z fz m V) tp N. 00 (n CD Ul 9.A.1.d SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Jessica Harrelson, AICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20230002068 & PL20230002069 2600 Golden Gate Parkway IGNAT RE OFA�'IMCANT OR AGENT STREET OR P.O. BOX Jessica Harrelson, AICP Naples, FL 34105 NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 3rd day of January 20 24, by Jessica Harrelson, AICP personally known to me or as identification produced and who did/did not take an oath. Signature of Notary Public , PEARL M BIANCHI 4�; Notary Public -State of Florida =+ Commission # HH 448354 �?� My Commission Expires Printed Name of NotaryPublic November 04, 2027. My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Packet Pg. 291 imiewwoo asnOH 1eOB a41 690Z000£ZOZ-ld 9£tiLZ) uoi;ewJo1u1 Bul;sod uBig- ;Iglyx3 :;uauay: a �Op a �w LO Ao cc CD CN a�J OUIJaaes oL m U OnlB S2uladS weed '-:. , r. 1 z U) a� U CP i Lq M 0 D a_ U W U) D O Q m J Z 0 0 ir p m x cc 4N _ o r H abrie a0/u/Mead Tier B/MD oc IG !lag S�� \ 00 )e; IV a Q Z O Cl1 a w s V N 0 N a a m Y V R d Z 0 a 0 2 v_ 2 a z 0 W z Z O W 0 V W LUCC LU Z � T R P*Z z Y N 7LU a:3-5 �Z 0LL Z CN V a a Z ° C9 z Ww o a " :I?LZ) UOIIBWJOIUI BullsOd UBIS- 0 I!q!qxg :juawqoejjV -��\ � `« /~ �/�\\ (;ou}slpgnS lemewwoo asnoH;eoB a41 a Q1 0 —j CL �l W r% r,,E de f max. 9.A.2 02/15/2024 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.1 Doc ID: 27436 Item Summary: PL20230002069 - GMPA- The Boat House Commercial Subdistrict- South of Radio Lane, North of Davis Boulevard and East of Radio Road - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and Future Land Use Map and map series by changing the land use designation of the property from Urban, Urban Mixed Use District, Urban Residential Subdistrict to Urban, Urban Commercial District, The Boat House Commercial Subdistrict to allow a maximum of 32,500 square feet gross floor area of Commercial Intermediate (C-3) uses or 20,000 square feet of the gross floor area of Boat Sales and Boat and Engine services and repairs. The subject property is located south of Radio Lane, North of Davis Boulevard, and east of Radio Road in Section 3, Township 50 South, Range 26 East, consisting of 3.5::L acres; furthermore, directing transmittal of the adopted amendment to the Florida Department of Commerce; providing for severability and providing for an effective date. (Companion Item PUDZ PL202300020681 [Coordinator: Kathy Eastley, Planner III] Meeting Date: 02/15/2024 Prepared by: Title: — Zoning Name: Katherine Eastley 01 / 17/2024 4:34 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 01/17/2024 4:34 PM Approved By: Review: Planning Commission Diane Lynch Review item Operations & Regulatory Management Donna Guitard Review Item Growth Management Community Development Department Diane Lynch Zoning Ray Bellows Review Item Zoning James Sabo Review Item Zoning Mike Bosi Division Director Unknown Jaime Cook Additional Reviewer Growth Management Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Skipped 01/18/2024 12:32 PM Completed 01/29/2024 3:20 PM Department review Completed 01/30/2024 12:42 PM Completed 01/30/2024 12:55 PM Completed 01/30/2024 4:25 PM Completed 01/30/2024 4:37 PM Completed 02/07/2024 3:12 PM GMD Deputy Dept Head Completed 02/07/2024 3:16 PM 02/15/2024 9:00 AM Packet Pg. 296 9.A.2.a Coder County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: FEBRUARY 15, 2024 SUBJECT: PUDZ-PL20230002068, THE BOAT HOUSE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) (COMPANION TO GMPA-PL20230002069, BOAT HOUSE COMMERCIAL SUBDISTRICT GROWTH MANAGEMENT PLAN AMENDMENT (GMPA) PROPERTY OWNER/APPLICANT AND AGENTS: Property Owner: JJF Stonington, LLC c/o Fareri Associates, LP One Greenwich Office Park South, 3rd Floor #350 Greenwich, CT 06831 Agents: Jessica Harrelson, AICP Peninsula Engineering 2600 Golden Gate Parkway Naples, FL 34105 Property Bu, e�Pplicant: Kevin Code, Managing Member Boat House of Naples Real Estate, LLC 1516 SE 46d' Street Cape Coral, FL 33904 Richard D. Yovanovich, Esquire Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Commercial Intermediate District (C-3) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project to be known as the Boat House CPUD, to allow the development of up to 32,500 square feet of gross floor area of Commercial Intermediate (C-3) commercial Uses or 20,000 square feet of gross floor area for boat sales and engine services and repairs. PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 1 of 14 Packet Pg. 297 9.A.2.a Q X PROJECT LOCATION 5 �J �aJ P a a � v r Pa & A ES rF.Ll,.l"lME T PU❑CluD cv $ fD WOODSIDE rv;—.T T LANES O r7 G O � SITE o � LOCATION (L U RADIO LANE N m 3 O R O C-3 e CD N CD R ETF GALLMAH OLDS � M FACERS HI � N f O N d C- Location Map Petition Number: PL20230002068 LOCATION MAP CEDAR HAMMOCK Lr) 09 C CLUB ti N N N d N 3 Zoning Map M O m F- O a as R: r c as E Rs a PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 2 of 14 Packet Pg. 298 9.A.2.a I I 20NIH6: VfOODSDE LANES PUD ZONRK; MX) RP110 LAND USE: COMMERCIAL I LNJ6USE: RE31pEHileL RADIO LANE (RIGHT-OF-WAY VARIES) ENPLOYEC�EMERGENCY 25' TYPE ❑ J\% SITE ING11E3SIEGRE33 ACCESS ONLY LANDSCAPE BUFFER WITH g SOLIDwALL rl PRESERVE EMSTINO SIbEYYAU[ —� \\ •\<N. �O 20NIN6 C3 LNJD USE; COMMERCIAL ENINSULA% ENGINEERINC. n E� �.�Cw �Ne9Y1a/ wa�a PROJECT; -m BOAT HOUSE CPUD DEVELOPMENT WENT- FVTU RE AREA NIERCONNECT LAj4DSCEpTYPE ❑ UWDSCAPe SBUFFER iREFER TO ExHIgIr FA,B OF THE RID) a ZONING: C-3 L+J O USE, COMMERCAY G1 10' TYPE A Q LANDSCAPE BUFFER = m I 0 (O 0 E7 11MG SDEWALl I N 0 { M1IM1y 0 ENHANCED 1 Ei TYPE h 1G�'� 0 LANDSCAPE BUFFER Jrl {FABOFTHEPuol a� P-�� N f CLIENT; RLI-MNS' EXHIBIT C BOAT HOUSE OF PUD MASTER PLAN MAPLES REAL ESTATE,LLG PUDZ-PL20230002068, The Boat House CPUD MASTER PLAN r` N ZONING: CEONi HAMM(XK GOLF 14 AND COUNTRY OLUBPUD LAND USE: PRESERVE N ti N d N 7 SEC 5 pdyn� hT TL5'P;SC R[,'E; 2 .E68I W RELS xma Ox... liv MAD J ETNE �J pwx `�xw pCiS19ER Zf 0 pxxxg �� m Fixlr.x. F SHFL�'9�1JIR2E �I •+������ P-BHFL-0 Q� W 113 SIwN NurtEor p1 q 0. �.�+ L 0 CL cn c a) E m 0 a February 7, 2024 Page 3 of 14 Packet Pg. 299 9.A.2.a PLANNING NOTES: CURRENT ZONING: C-3 PROPOSED ZONING: BOAT HOUSE CPU CURRENT LAND USE: UNDEVELOPED FUTURE LAND USE: URBAN MIXED -USE DISTRICT- URBAN RESIDENTIAL SUBDISTRICT MAXIMUM INTENSITY: 32,500 SF OF GROSS FLOOR AREA OF PERMITTED AND CONDITIONAL USES OFTHE C-3, COMMERCIAL INTERMEDIATE, ZONING DISTRICT OR 20,000 SF OF GROSS FLOOR AREA OF BOAT SALES, BOATIENGINE SE RVIC ES AND REPAIRS N9NSULAW BOAT HOUSE I EXHIBITC OPUD PUD MASTER PLAN MASTER PLAN PRESERVE CALCULATION: PRESERVE REQUIRED PROPOSED DEVELOPMENT 10% OF EXISTING NATIVE 3.50-ACRES OF EXISTING VEGETATION NATIVE VEGETATION ON -SITE X 0-10 = 0.35 ACRES PRESERVE PROVIDED 0.36 ACRES NOTE: PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTION 4.06.02 AND 4.06.05 E.1- SUPPLEMENTAL PLANTING WITH NATIVE PLANT MATERIAL SHALL BE IN ACCORDANGE MATH LDC SECTION 3.05.07. LAND USE SUMMARY: USE ACRES % OF SITE DEVELOPABLEAREA 2.14 61.1 PRESERVE 0.36 10.3 OPEN SPACE 1.00 28.6" TOTAL &50 100.0 OPEN SPACE: PER LDC SECTION 4,02.01,82., SITES LESS THEN FIVE ACRES ARE NOT REQUIRED TO MEET OPEN SPACE REQUIREMENTS. REN3KNi: 9E=.3 THP50 RiE. IXsprcn b�: 1LSS✓:1. �NRRLL BOAT HOUSE OF FEnV. NAPLES REAL IX� �• FbR°mc. w9i II LW�-0UI-T42° ESTATE, LLCp.BH�F/L/ S�x110' X( GEOGRAPHIC LOCATION: The subject 3.5± acre property is located at the intersection of Radio Road and Davis Boulevard and south of Radio Lane in Section 3, Township 50 South, Range 26 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to rezone 3.5± acres from a Commercial Intermediate (C-3) zoning district to a Commercial Planned Unit Development (CPUD). The CPUD will allow the development of up to 20,000 square feet of boat sales, boat/engine services, and repairs, as well as 32,500 square feet of commercial uses of the (C-3) zoning district. See Attachment A Proposed PUD Ordinance. The Master Plan, located on the previous page of this Staff Report, depicts the area of proposed commercial development, vehicular ingress/egress, preserve, and landscape buffers. The Master Plan also shows that 2.14± acres will be commercial development. Another .36± acres will be preserve, and PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 4 of 14 Packet Pg. 300 9.A.2.a 1.0± acres will be open space. A minimum of 30% open space is not required as this site is less than five acres. However, 1.0 acres, or 28.6% of open space, will be provided. To the north of the subject, CPUD is Woodside Lanes PUD, the site of a bowling alley, and MAC RPUD, a residential PUD. To the east of the subject CPUD is C-3 zoning, the site of a gas station. To the south of the subject, CPUD is Cedar Hommock Golf and Country Club PUD, a residential golf course development. To the west of the subject CPUD is C-3 zoning, the site of a gas station. The proposed CPUD boundary setbacks are 25 feet from Radio Lane, Davis Boulevard, and Radio Road. The proposed CPUD boundary setback from the gas station to the east is 15 feet. The petitioner proposes a maximum zoned and actual height of 35 feet. There is a proposed 15-foot-wide Type D Landscape Buffer (trees 30 feet on center and a hedge) along Davis Boulevard and Radio Road. A 25-foot-wide enhanced Type D Landscape Buffer (trees 30 feet on center, a hedge, and an 8-foot-high wall) is proposed along Radio Lane across from MAC RPUD. SURROUNDING LAND USE AND ZONING: North: Radio Lane, a 2-lane local road, then developed single-family residential with a zoning designation of MAC RPUD East: Developed gas station with a zoning designation of C-3 South: Davis Boulevard, a six -lane divided minor arterial roadway, preserve and developed golf course with a zoning designation of Cedar Hommock Golf and Country Club PUD West: Radio Road, a four -lane divided minor arterial roadway, then developed gas station with a zoning designation of C-3 PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 5 of 14 Packet Pg. 301 9.A.2.a AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone and found it consistent with the GMP's Future Land Use Element (FLUE) upon adoption of the companion GMP Amendment. For further information, please see Attachment C-GMP Consistency Review Memo. Transportation Element: In evaluating this project, staff reviewed the applicant's June 7, 2023, Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2022 and 2023 Annual Update and Inventory Reports (AUIRs). Policy 5.1 of the Transportation Element of the GMP states: "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity ofpermissible 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 PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 6 of 14 Packet Pg. 302 9.A.2.a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service (LOS) 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 occurs: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition the proposed development will generate a projected total of +/- 134 PM peak hour, 2-way trips on the adjacent roadway segments of Radio Road and Davis Boulevard. The trips generated by this development will occur on the following adjacent roadway link: Link/Roadway Link Current Peak Projected 2022 AUIR 2023 AUIR Hour Peak P.M. Peak LOS/ LOS/ Direction Hour/Peak Remaining Remaining Volume/Peak Direction Capacity Capacity Direction Project Trips (1) 71.0/Radio Road Santa Barbara 1,800 West 40/West B/ B/ Blvd to Davis 1,020 1,031 Blvd 70.0/Radio Road Livingston 1,800/East 13/East C/ D/ Road to Santa 632 222 (2) Barbara Blvd 77.0/Santa Radio Rd to 3,100/North 7/North C/ C/ Barbara Golden Gate 986 948 Boulevard Pkwy 78.0/Santa Radio Rd to 3,100/North 7/North C/ C/ Barbara Davis Blvd 1,285 1,154 Boulevard 16.2/Davis Radio Rd to 3,300/West 27/West B/ B/ Boulevard Collier Blvd 1,724 1,835 16.1/Davis Radio Rd to 3,300/East 13/East B/ B/ Boulevard Santa Barbara 2,302 2,285 Blvd • (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the petitioner's June 7, 2023, Traffic Impact Statement. • (2) Expected Deficiency due to Trip Bank not caused by this proposed development (see State Statute 169.3180). Staff also notes that this is a new deficiency found in the current 2023 AUIR vs 2022 AUIR. PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 7 of 14 Packet Pg. 303 9.A.2.a Provisions of Florida Statute 163.3180: ■ Must allow an applicant to enter into a binding agreement to pay or construct their proportionate fair share. ■ Facilities determined to be deficient with existing, committed, and vested trips plus projected background traffic from any source other than the development shall be removed from the proportionate share calculation. ■ The improvement necessary to correct this type of deficiency is the funding responsibility of the maintaining entity. ■ Applicant must receive a credit for the anticipated road impact fees. ■ The expected and existing deficiencies are not caused by this proposed development. The following network improvements are included in the 5-year work program: • I-75 and Collier Boulevard Interchange Improvements (extends south of Davis Blvd to north of Golden Gate Canal. The interchange improvements are expected to have a positive impact on the road network. Based on the TIS, the 2022 AUIR, the 2023 AUIR, and the provisions of State Statute 169.3180, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the GMP. The TIS indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 3.51 acres of native vegetation. A minimum of 0.35 acres (10%) of native vegetation is required to be preserved; the proposed Master Plan shows a 0.36-acre preserve. GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the GMP subject to the adoption 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.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the 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 of 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 0.35 acres (10% of 3.51 acres); the proposed Master Plan shows a 0.36-acre preserve. No listed animal species were observed on the property; however, Northern needleleaf (Tillandsia balbisiana) and Stiff -leafed wild -pine (Tillandsia fasciculata), listed as `Less Rare Plants,' have been observed on the property and will be protected in accordance with LDC 3.04.03. PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 8 of 14 Packet Pg. 304 9.A.2.a This project does not require Environmental Advisory Council (EAC) review, as it did not meet the EAC's scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the LDC and recommends approval. Utility Review: The project lies within the regional potable water service area and the South County Wastewater Reclamation Facility's wastewater service area of the Collier County Water -Sewer District (CCWSD). Water and wastewater services are available via existing infrastructure within the adjacent rights -of -way. Sufficient water and wastewater treatment capacities are available. Developer commitments are listed in "EXHIBIT F" of the PUD Document under the "Utilities" section. 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 reviewingthe he 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 We of open space and location. Staff believes the proposed development will be compatible with and complementary to the surrounding land uses. Staff offers the following analysis of this project: The proposed 3.5± acre Boat House CPUD is surrounded on two sides by minor arterial roadways, Davis Boulevard and Radio Road. The petitioner proposes an enhanced 15-foot-wide Type D right-of- way landscape buffer along these roads in front of the boat display areas. The third roadway is a local roadway, Radio Lane, which separates the Boat House CPUD from a single-family residential PUD known as MAC PUD. The petitioner has proposed an eight -foot -high wall and landscaping to minimize the impact of the Boat House on the residential development across the street. A preserve along 20% of the property line also offers additional buffering and screening to the residences. The lands east of the proposed Boat House CPUD are developed with an automobile service station. The land to the west and across Radio Road is also developed with an automobile service station. To the south of the proposed Boat House PUD is Davis Boulevard, then the preserve area at Cedar Hammock Golf and Country Club PUD. The maximum zoned height of 35 feet and the actual height of 42 feet are compatible with the surrounding zoned heights of 35 and 40 feet at the MAC PUD and the zoned height of 50 feet at the neighboring C-3 automobile service stations. Commitments have been made to limit the repair and maintenance of boats to the inside of an enclosed building and to limit the hours of operation to 8 am to 5 pm during the week and 9 am to 3 pm on Saturdays. The outdoor storage and display areas will be limited to single -level boat racks/boat cradles. There will not be any multi -level boat racks. PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 9 of 14 Packet Pg. 305 9.A.2.a REZONE FINDINGS: Staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, policies, 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 upon adoption of the companion GMPA. 2. The existing land use pattern. As described in this report's "Surrounding Land Use and Zoning" portion and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as mostly developed residential and commercial. The property located to the north and south is residential, and the property to the east and west is commercial. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP upon adoption of the companion GMPA. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn, as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to develop the property with commercial land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD Rezone, with the commitments made by the applicant, 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 the adoption of the companion GMPA. Development in compliance with the proposed PUD Rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has 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 PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 10 of 14 Packet Pg. 306 9.A.2.a 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. The proposed PUD Rezone will not reduce light and air to adjacent areas inside or outside the PUD 10. Whether the proposed change would adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors, including zoning; however, zoning by itself may or may not affect values since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP approval process, gives reasonable assurance that a change in zoning will not result in deterrence to the improvement or development of the adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. Additionally, the adjacent properties are already developed. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development will comply with the GMP upon adoption of the companion GMPA, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed Rezone does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without rezoning the property. 14. Whether the change suggested is out of scale with the neighborhood's or the county's needs. The proposed PUD Rezone is not out of scale with the needs of the neighborhood or County. PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 11 of 14 Packet Pg. 307 9.A.2.a 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP process and 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 GMP and as defined and implemented through the Collier County Adequate Public Facilities Ordinance. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process, and those staff persons have concluded that no Level of Service will be adversely impacted by the commitments in the PUD document. The concurrency review for APF is determined at the time of the SDP review. The activity proposed by this rezone will not adversely impact the public utilities facility's adequacy. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in protecting 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. The area is suitable for the proposed commercial development. The site has access to Radio Road via Radio Lane. The PUD will receive potable water and wastewater services from the CCWSD, and adequate water and wastewater treatment capacities are available for future development, as this petition proposes. PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 12 of 14 Packet Pg. 308 9.A.2.a 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that the developer will provide appropriate stipulations for providing, continuing operation of, and maintaining infrastructure. 3. Conformity of the proposed Planned Unit Development with the GMP's goals, objectives, and policies. County staff has reviewed this petition and offered an analysis of the GMP's relevant goals, objectives, and policies within the GMP discussion of this staff report. Based on that analysis, staff 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. The proposed landscaping and buffering standards are compatible with the adjacent uses 5. The adequacy of usable open space areas inexistence and as proposed to serve the development. The amount of open space set aside for this project meets the requirements of the LDC. 5. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Water and wastewater mains are located along Davis Boulevard and Radio Lane. 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. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the first development order (SDP or Plat) 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. 6. The ability of the subject property and of surrounding areas to accommodate expansion. To accommodate this project, the area has adequate supporting infrastructure, including readily available County water and wastewater mains. PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 13 of 14 Packet Pg. 309 9.A.2.a 7. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is not seeking any deviations. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM meeting on Wednesday, September 27, 2023, at the Naples Regional Library at 650 Central Avenue, Naples, FL 34102. One person was in attendance. For further information, please see Attachment C-NIMDocuments. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the Staff Report for this petition on January 12, 2024. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDZ- PL20230002068, the Boat House CPUD, to the BCC, with a recommendation of approval subject to the adoption of the companion GMPA. Attachments, Attachment A -Proposed PUD Ordinance Attachment B-GMP Consistency Review Memo Attachment C-NIMDocuments Attachment D-Application PUDZ-PL20230002068, The Boat House CPUD February 7, 2024 Page 14 of 14 Packet Pg. 310 9.A.2.b ORDINANCE NO. 2024- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE BOAT HOUSE CPUD, TO ALLOW DEVELOPMENT OF 32,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) USES OR 20,000 SQUARE FEET OF GROSS FLOOR AREA OF BOAT SALES AND BOAT AND ENGINE SERVICES AND REPAIRS FOR THE PROPERTY LOCATED SOUTH OF RADIO LANE, NORTH OF DAVIS BOULEVARD AND EAST OF RADIO ROAD IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 3.5f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20230002068] WHEREAS, Jessica Harrelson, AICP of Peninsula Engineering, and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A. representing Boat House of Naples Real Estate, LLC petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 50 South, Range 26 East, Collier County, Florida, is changed from a Commercial Intermediate (C-3) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a 3.5+/- acre project to be known as The Boat House, CPUD in accordance with Exhibits A through F attached hereto and incorporated herein by reference. The appropriate [23-CPS-02352/1844004/1 ]89 The Boat House / PL20230002068 2/7/24 1 of 2 Packet Pg. 311 9.A.2.b zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 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 , Deputy Clerk Approved as to form and legality: 2024. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chris Hall, Chairman � i C�(- Heidi Ashton-Cicko 2-7-24 Managing Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - List of Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Deviations Exhibit F - List of Development Commitments [23-CPS-02352/1844004/1]89 The Boat House / PL20230002068 2/7/24 2 of 2 Packet Pg. 312 9.A.2.b EXHIBIT A LIST OF PERMITTED USES Regulations for development of the Boat House CPUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or Plat. MAXIMUM INTENSITY: This CPUD shall be limited to a maximum of 32,500 square feet of gross floor area of permitted and conditional uses of the C-3, Commercial Intermediate, zoning district or 20,000 square feet of gross floor area of boat sales, boat/engine services and repairs. The uses are subject to a trip cap identified in Exhibit F of this CPUD. No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. PRINCIPAL USES 1. Permitted uses of the Commercial Intermediate (C-3) District 2. Boat dealers, subject to Item 5.A of Exhibit F (SIC 5551). 3. Boat and engine service and repairs, subject to Item 5.A of Exhibit F (SIC 3732 and 7699, limited to engine repairs only). 4. 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) of the Hearing Examiner (HEX), as applicable, by the process outlined by the Land Development Code (LDC). B. ACCESSORY USES 1. Customary accessory uses and structures that are incidental to the list of permitted principal uses. 2. Outdoor storage and display of new and used boats. C. CONDITIONAL USES 1. Conditional uses of the Commercial Intermediate (C-3) District, subject to LDC Sections 4.02.02 and 10.08.00. D. PRESERVE — PRINCIPAL USES 1. Preservation of native vegetation. E. PRESERVE —ACCESSORY USES 1. Benches for seating. 2. Pervious and impervious pathways, subject to criteria identified in LDC Section 3.05.07 H.1.h.i. 3. Stormwater management structures and facilities, subject to criteria identified in LDC Section 3.05.07 H.1.h.ii. F. PROHIBITED USES 1. Homeless shelters 2. Soup Kitchens Boat House CPUD PU DZ-P L20230002068 January 9, 2024 Packet Pg. 313 9.A.2.b EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standards tables. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS PRINCIPAL USES/CONDITIONAL USES ACCESSORY USES MINIMUM LOT AREA 15,000 SF N/A MINIMUM LOT WIDTH 150 FEET N/A MINIMUM SETBACKS (EXTERNAL) FRONT YARD: (FROM SOUTHERN PUD BOUNDARY) 25 FEET 15 FEET FRONT YARD: (FROM WESTERN PUD BOUNDARY) 25 FEET SPS FRONT YARD: (FROM NORTHERN PUD BOUNDARY) 25 FEET SPS SIDE YARD: (FROM EASTERN PUD BOUNDARY) 15 FEET SPS MINIMUM SETBACKS (INTERNAL) PRESERVE 25 FEET 10 FEET MAXIMUM BUILDING HEIGHT ZONED 35 FEET SPS ACTUAL 42 FEET SPS MINIMUM DISTANCE BETWEEN PRINCIPAL STRUCTURES Yz the sum of the heights of the buildings, but not less than 15 FEET 10 FEET SPS — Same as Principal Structure Notes: 1. Nothing in this CPUD Document shall be deemed to approve a deviation from LDC unless it is expressly stated in the list of deviations. 2. Conditional Use #17, Mixed Residential and Commercial Development, shall be per LDC Section 2.03.03 C.1.c.17. Boat House CPUD PU DZ-P L20230002068 January 9, 2024 Packet Pg. 314 9.A.2.b EXHIBIT C PUD MASTER PLAN Boat House CPUD PU DZ-P L20230002068 January 9, 2024 6 a U r Q Packet Pg. 315 — J C z LL W K O m —� LU z U) z 0 _N g a U) Z O a K J w w2 02 �0 U O cp (7 z zg z 0 N w w 0 W w c� Z w m (x J LU LL j LL > LW Co U) LLaO uj a w — b O zo lL N U) 2 LLJ g 3 J Q O� LL < 0 CD ry .00L=.L 3ltl�S �- Y a K (� z M W Vi m w z0 z On z z w LL 5 aL=L) wm aW �¢ 00 �m g Z LU G Q dLLJ 0 � LU Q LU 0 wW!^ aLLm� \ xw 7 m W �a0H z N LU Of m \ = LU \ /J w PO �Go 0� o e� G ll w� y `^6 (7 z Cn W LL 0 C7 � Y a W 0 m K W QULU x�LL a z w 7 j woo U V z �Z ZZ z a 0 g �N> _ . 9.A.2.b _ O U oo m _ a U O O d a N W LL m d _m N a `m E z U m S y z m m o o i a` 0 � � r IL a V z d -- o x N m mz w to 0 N O CD LL O O J J OC/)LU a � 0- o O z w m N ... 7 m° s ag z J -" 7w Z LU z -� —(D = Zz gN��a8a Lu _ z Packet Pg. 316 1 z O Q J U ry LLI W n LU O z_ z z Q z Z Q W W Z W LL OJ W W LO CD W (D Cl? 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LESS Commencing at the North 1/4 corner of Section 3, Township 50 South, Range 26 East, Collier County, Florida; thence along the North -South 1/4 line of said Section 3, South 00 degrees 54'52" West, 50.00 feet; thence along a line which is 50 feet South of and parallel to the North line of said Section 3, South 89 degrees 54'20" West, 462.78 feet for a Place of Beginning; Thence continuing South 89 degrees 54'20" West, 305.65 feet; thence South 00 degrees 05'40" East, 214.17 feet to the Northwesterly right-of-way line of State Road S-856 (Davis Boulevard Extension); thence along said right-of- way line, 334.86 feet along the arc of a circular curve concave to the Southeast, radius of 2939.79 feet, delta of 06 degrees 31'35", chord bearing North 65 degrees 51'55" East, 334.68 feet; thence North 00 degrees 05'40" West, 77.83 feet to the Place of Beginning. Bearings are based on the North line of the Northwest 1/4 of said Section 3 as being South 89 degrees 54'20" West. LESS AND EXCEPT the lands described in that Stipulated Final Judgment dated May 17, 2001, recorded on May 23, 2001, in Official Records Book 2829, Page 2422, of the Public Records of Collier County, Florida. ALSO LESS AND EXCEPT all the lands lying Northeasterly of the lands described in that Stipulated Final Judgment dated May 17, 2001, recorded on May 23, 2001, in Official Records Book 2829, Page 2422, of the Public Records of Collier County, Florida. And Boat House CPUD PU DZ-P L20230002068 January 9, 2024 Packet Pg. 318 Parcel 2: 9.A.2.b Being a portion of the NW 1/4 of the NW 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida; and being more particularly described as follows: Commence at the Northwest corner of said Section 3; run thence North 89 degrees 54'20" East, along the Northerly line of said Section 3, for 821.76 feet; thence South 00 degrees 31'13" West, 50.00 feet to the Point of Beginning, also being in the Southerly right-of-way line of State Route 5-858; thence North 89 degrees 54'20" East, along said Southerly right-of-way, line 500.00 feet; thence South 00 degrees 31'13" West, 589.82 feet to the Northerly right-of-way line of State Route 5-856; said Northerly right-of-way line being a curve to the Southwest, having a radius of 2939.79 feet, and whose chord bears South 42 degrees 06'38" West, for 753.20 feet; thence along the arc of said curve 755.27 feet; thence North 00 degrees 31'13" East, 1147.78 feet to the Point of Beginning; LESS AND EXCEPT the lands described in that Warranty Deed, dated June 14, 1999, recorded on June 16, 1999, in Official Records Book 2559, Page 1817, of the Public Records of Collier County, Florida; AND ALSO LESS AND EXCEPT all the lands lying Southwesterly of the lands described in that Warranty Deed, dated June 14, 1999, recorded on June 16, 1999, in Official Records Book 2559, Page 1817, of the Public Records of Collier County, Florida. A total of 3.50± acres. Boat House CPUD PU DZ-P L20230002068 January 9, 2024 Packet Pg. 319 9.A.2.b EXHIBIT E LIST OF DEVIATIONS There are no deviations. Boat House CPUD P U DZ-P L20230002068 January 9, 2024 Packet Pg. 320 9.A.2.b EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS The purposed of this Section is to set forth the development commitments for the development of this project. 1. GENERAL A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is the Boat House of Naples Real Estate, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of their/its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. D. Site lighting shall be Dark Skies compliant to protect neighboring residential properties from direct glare and light pollution. Fixtures shall not exceed a 25-foot mounting height. 2. TRANSPORTATION A. The maximum total daily trip generation for the PUD shall not exceed 134 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. 3. ENVIRONMENTAL A. The preservation requirement shall be 10% of the existing native vegetation on -site. 3.5-acres of existing native vegetation x 10% = 0.35-acre preserve required Boat House CPUD PU DZ-P L20230002068 January 9, 2024 Packet Pg. 321 9.A.2.b B. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC Section 4.06.02 and 4.06.05 E.1. Supplemental plantings with native plant material shall be in accordance with LDC Section 3.05.07. 4. LANDSCAPING A. A 25' Type `D' landscape buffer shall be provided along the northern PUD boundary and shall include a solid wall 8 feet in height, required tree plantings, and a single code minimum hedge row planted on the outside of the wall. B. Along the length of boat display areas adjacent to Radio Road and Davis Boulevard, the 15' Type 'D' landscape buffer shall include the code minimum required hedge row, code minimum required tree plantings, ornamental grasses (such as but not limited to Cordgrass or Muhly Grass) planted at 3-gallons in size and 36" on center, and ground covers (such as but not limited to Golden Creeper or Mimosa) planted at 1-gallon in size and 24" on center fronting the hedge row. 5. BOAT SALES AND REPAIRS A. Hours of operation for boat sales, boat/engine service and repairs shall be limited to 8:OOam — S:00pm, Monday through Friday and 9:OOam-3:OOpm on Saturdays. B. The repair and maintenance of all boats will occur within an enclosed building. C. Outdoor storage and display areas may contain single -level boat racks/ boat cradles. There shall be no outdoor multi -level boat racks. 6. UTILITIES A. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by the County during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the water distribution/transmission system may be required to adequately handle the total estimated peak hour flow to the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by the County during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. Boat House CPUD PU DZ-P L20230002068 January 9, 2024 Packet Pg. 322 9.A.2.c Co�e-r �ortyt-t y GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT ZONING DIVISION CONSISTENCY REV EW MEMORANDUM To: Nancy Gundlach, RLA, AICP, Planner III, Zoning Services Section From: Kathy Eastley, AICP, Planner III, Comprehensive Planning Section Date: December 18, 2023 Subject: Future Land Use Element Consistency Review PETITION NUMBER: PUDZ-PL20230002068 PETITION NAME: The Boat House PUD Rezone REQUEST: Rezone the subject property (+3.5 acres) from Commercial Intermediate (C-3) to a Commercial Planned Unit Development (CPUD) to allow up to 32,500 square feet of Commercial Intermediate permitted principal and conditional uses or up to 20,000 square feet of use for Boat Dealers (SIC 5551), Boat and Engine Service and Repairs (SIC 3732 and 7699 limited to engine repair only). LOCATION: The subject site is located on the north side of Davis Boulevard, on the east side of the junction with Radio Road and Radio Lane in Section 3, Township 50 South, Range 26 East, Collier County, Florida. COMPREHENSIVE PLANNING COMMENTS: The existing Future Land Use Element (FLUE), Future Land Use Map (FLUM) and Map Series of the Collier County Growth Management Plan (GMP) designate the subject property as Urban, Mixed Use District, Urban Residential Subdistrict. Policies 5.11 and 5.12 of the FLUE provide for pre-existing zoning to be deemed `Consistent By Policy' with the GMP FLUE and FLUM designation, based upon implementation of the Zoning Reevaluation Ordinance No. 90-23. The FLUM Map Series contains maps that identify the Consistent By Policy parcels and the subject parcel is included. The GMP designation of Urban Residential Subdistrict does not allow commercial uses; however, as a Consistent By Policy parcel, the property is allowed to develop with uses permitted by the Commercial Intermediate (C-3) zoning district. The CPUD proposes to retain the C-3 uses and proposes additional uses including Boat Dealer and Boat and Engine Service and Repair. These additional uses are not permitted in the C-3 zoning district but are permitted by conditional use in the General Commercial District (C-4) and as permitted uses in the Heavy Commercial District (C-5). The Consistent by Policy status does not include C-4 and C-5 uses therefore a Growth Management Plan Amendment (GMPA) is required to allow for the additional proposed uses in the CPUD. A companion GMPA petition has been submitted to create a site -specific subdistrict in the Urban Commercial District, to be known as the Boat House Commercial Subdistrict. This subdistrict would Packet Pg. 323 9.A.2.c The Boat House Consistency Review Memo 12/18/2023 allow for up to 32,500 square feet of C-3 permitted and conditional uses or, in the alternative, to allow for up to 20,000 square feet of Boat Dealer and Boat and Engine Service and Repair. In reviewing for compliance with Policy 5.6 and Policies 7.1 - 7.4 (shown below) of the Future Land Use Element (FLUE) staff provides the following analysis in [bracketed bold text.] 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). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses/intensities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location, traffic generation/attraction, etc.] 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. [The subject proposes two access points on Radio Lane, a local road. One of the access points would be limited to emergency and employee ingress and egress, leaving the remaining access point for the public. Access onto Davis Boulevard, a six -lane minor arterial roadway is not requested due to the existing intersection improvements which include an 885-foot continuous right -turn lane on westbound Davis Boulevard to access Radio Road. The property does not have direct access to Radio Road, a minor arterial roadway, therefore the petition proposes two access points on the local road as shown on the CPUD Master Plan]. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Two access points are proposed on Radio Lane, a local road. Should the property be subdivided into more than two parcels, and given the limitation to two access points on external roads, internal access would have to be provided.] 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. [A potential future interconnect is shown on the CPUD Master Plan with the adjacent property to the east, currently developed with a Circle K Gas Station. The remaining sides of the property front road right-of-way.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities, and a range of housing prices and types. [This policy primarily pertains to residential development so is largely not applicable. However, staff notes the proposed commercial development is adjacent to existing sidewalks and the C-3 district permits civic uses.] CONCLUSION: The rezoning petition is not consistent with the GMP. A companion Small Scale GMPA petition (PL20230002069) proposes to create a new Subdistrict within the Urban Commercial 2 Packet Pg. 324 9.A.2.c The Boat House Consistency Review Memo 12/18/2023 District of the FLUE to allow the proposed additional uses. If the GMPA is approved and becomes effective, the proposed CPUD may be deemed consistent with the GMP. PETITION ON CITYVIEW Packet Pg. 325 9.A.2.d PENINSULA�� ENGINEERING Memorandum Date: October 2, 2023 To: Kathy Eastely, AICP - Collier County Comprehensive Review Nancy Gunlach, AICP, PLA, CSM - Collier County Zoning Division From: Jessica Harrelson, AICP RE: Boat House PUDZ-PL20230002068 / GMPA-PL20230002069 NIM Summary A NIM was held on Wednesday, September 27, 2023, at the Naples Regional Library, located at 650 Central Ave, Naples, FL 34102 and began at 5:30pm. One (1) individual from the public, a resident of Hadley Place, attended the meeting. The below individuals associated with the petition were also present: 1. Jessica Harrelson, AICP — Peninsula Engineering 2. Josh Fruth — Peninsula Engineering 3. Richard Yovanovich, Esq. — Coleman, Koester and Yovanovich 4. David Dratnol —Trebilcock Consulting Solutions 5. Kathy Eastley, AICP — Collier County Comprehensive Review 6. Nancy Gundlach, AICP, PLA, CSM - Collier County Zoning Division Jessica Harrelson made a presentation, using PowerPoint to review the details of the request as outlined below: • Slides 1-2: Project Team Introductions • Slide 3: PUDZ/GMPA application and request details • Slide 4: Property location & property size • Slide 5: Existing zoning, existing permitted land uses & abutting land uses • Slide 6: PUD Master Plan details, access locations • Slide 7: Proposed development standards • Slide 8: Proposed developer commitments related to boat sales/service • Slide 9: Review of preliminary land plan • Slides 10-12: Line -of -sight exhibits • Slide 13: Next steps • Slide 14: Conclusion/contact information 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. 326 9.A.2.d PENINSULA�� ENGINEERING The following questions were asked: 1. Will the entrance be on Radio Road? Jessica Harrelson responded that entrances would be on Radio Lane and used the preliminary land plan to review access locations. 2. Will there be ample parking within the site? Jessica Harrelson responded that there would be ample parking within the site. 3. Will this be the same as the one on Enterprise, using forklifts, appearing junky, noise? Jessica responded that there will be equipment on -site but the 8'solid wall, along with the 25' buffer and Radio Lane ROW width would mitigate for those impacts. Josh Fruth responded that she was referring to Naples Boat Mart, and the biggest difference is that there really isn't a buffer provided on the Naples Boat Mart site. He further explained that the building faces so operations ("noise") would project towards Davis Blvd. 4. The attendee expressed that Radio Lane 'gets tight' with being turning onto the ROW and traveling to the bowling alley. Jessica Harrelson responded that a full analysis would be done at time of Site Development Plan permitting to confirm of any needed roadway improvements. 5. What will be the signage? Jessica Harrelson responded that the development was in the early planning stages and signage had not yet been confirmed. The meeting concluded at 5:42pm. End Memo. 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. 327 9.A.2.d NaPlICS 4 Ott lj NtWS PART OFTHE USA TODAY NETWORK Published Daily Naples, FL 34110 PENINSULA ENGINEERING 2600 GOLDEN GATE PKWY NAPLES, FL 34105 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the Naples Daily News, published in Collier County, Florida; that the attached copy of advertisement, being a PUBLIC NOTICE, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on: Issue(s) dated: 9/3/2023 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally Known to me, on September 3rd, 2023: l Notary, State of WI, County of Brown My commission expires: (` - KATHLEEN ALLEN Notary Public State of Wisconsin Publication Cost: $604.80 Ad No: GC11101330 Customer No: 585101 Po #: Public Notice - DISPLAY AD 3X6 # of Affidavits: 1 This is not an invoice Packet Pg. 328 9.A.2.d NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITIONS: PUDZ-PL20230002068 — Boat House Commercial Planned Unit Development (CPUD) GMPA-PL20230002069 — Boat House Commercial Subdistrict A neighborhood information meeting is scheduled for Wednesday, September 27, 2023, beginning at 5:30pm at the Naples Regional Library (650 Central Avenue, Naples, FL 34102). The purpose of the meeting is to inform those interested in the details of the project. The following formal applications have been submitted to Collier County Growth Management: Planned Unit Development Rezone: seeking to rezone the property from the Commercial Intermediate (C-3) zoning district to the Boat House Commercial Planned Unit Development (CPUD) to allow a maximum of 32,500 SF of gross floor area of permitted and conditional uses allowed by the C-3 zoning district or up to 20,000 SF of gross floor area of boat sales and boat/engine service and repairs. Growth Management Plan Amendment: seeking a site -specific map and text amendment to the Future Land Use Element of the Collier County Growth Management Plan, to amend the existing GMP designation from the Urban Mixed -Use District, Residential Subdistrict, to establish anew Subdistrict within the Urban Commercial District. The proposed Boat House Commercial Subdistrict will allow a maximum of 32,500 SF of permitted and conditional uses allowed by the C-3 zoning district or up to 20,000 SF of gross floor area of boat sales and boat/engine service and repairs. The subject site is comprised of two (2) parcels, collectively 3.5-acres in size, and located north of Davis Boulevard and south of Radio Lane in Naples, Florida in Section 3, Township 50 South and Range 26 East If you have questions or would like to register to participate in the meeting remotely, please contact the individual below. Jessica Harrelson, AICP Peninsula Engineering Phone: 239.403.6751 Email: iarrelson@pen-eng.com Please note, remote participation is provided as a courtesy. The applicant and Peninsula Engineering are not responsible for any technical issues. Project information can be found on our website: www.i)en-enci.com/planning-projects or by using the OR code below: �wil L iy@ SUBJECT PROPERTY ; a a e i �4 ND-GG11101330-01 i d U N N 7 O 2 O Ica Ip tD O N O O O M N O N J d O ti N U O Z U C N E t V R a+ a+ Q C W E t U M Y Q Packet Pg. 329 NAPLESNEWS.COM I SUNDAY, SEPTEMBER 3, 2023 1 110 9.A.2.d Y;9P*1 SVour Source ' fol th� STATE OF TENNESSEE, DEPARTMENT OF CHI LDREN'S SERVICES V. ROBERT TREVINO The Stale of Tennessee. Departmenyyt of Children', S—keshot ea fd--lee1the pa ..1.1 rIII. iR tire R'rghU ofuRoba u Trelveno to the chilliggto , Eli Maynard b. 06.25.2010. rt A I,ie1 in this use is at for November 8. 2023 at 9:00 am before the Honorable lace Cochran, Judge for the Rhea County J. - I C.—Robe t Trevino must appear before this CounOR that data to determine whether his parental rights to the child should be terminated and forever ended. The Coun is located at 7800 Rhea County H,vy, Dayton, TN 37321. If Robert Trevino does not came to the Mal, the Slate will ask the Court to allow it to proceed without contest. That m ens hat the State will ask the Court to let It present o oof without having ny lawye appear and detend the rights of Robert Trevino In Court. r Any appeal of this Covrt's final dispotillon of the "=- nt by r pelitlon for [erminatimr f parental yhts will be governed the provisions of Rule 8A,TRAP, which Imposes specral time Itat(ens for the nl ing of the Iranurlr or s atement of evidence, the completion nil transmission of the record on apppeal, and the filing of brief, in the appellate mvn, as well as o11,er special provisions for expedng the appeal. You may obtal, a copy o/ the Petition d y sWsequently filed legal documents er hearing dates in the Rhea Counttyy luve- nle Coun Clerk's Office at the address shown above. Tlris wBl n titute ppropria[e sernce on Robert Trevino for all fuiurc /ilrn9 in this use. Pub Date: August 13, 20. 27, 5epteri , 3. 2023 5796742 PUBLIC NOTICE The Okb,n School Board of Collier County. Florida, will held a Regular School Board Meeting on Monday, September 11, 2023, at 430 p. m. at the Dr. Ma run Luther King Jr. Administrative Center, 5]]5 Oueola Trail, Naples, Florida, 341'GS The purpose If the meeting wdl be to discuss any matters legally brought be- orc the Bond. The agenda for the School Board Meeting will be available 1he website (www.collieruhoGlscom) Gn Monday, September 4, 2023. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE SCHOOL BOARD WITH RESPECT TO ANY MATTER CONSIDERED, HE HE WILL NEED A RECORD OF THE PROCEEDINGS AND, THEREFORE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 15 MADE. THE RECORD MUST INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Sept 3, 2023 45813093 II NOTICE OF PUBLIC SALE: BAKERS TOWING ggives notice that n 091,5 () 3 at 08'00 AM he foll.wing ehides(sl m y be sold by public sale at 2318 1 AND C BLVD NAPLES,FL. 34109 to salufy the her, for the amount owed each vehide for any re<ow Ices Iha lges andtadmmistra- Ive fee, allowed pursuant so Florida statute 713.78. 1HISC5]046M209]54 .... HOND Sept. 3, 2023 45.15'.. SELL CARR FIND A HOME A JOB ADOPT A PET BUY A BOAT Check out the classified ads everyday. NOTICE of NEIGHBORHOOD INFORMATION MEETING PENTIONG GW pis -Cal �i' C.C. ANanme U.1Dn•I-0mam ICftID1 mr-al5ueaamri kr„I ulwn Fc�linr mile:• 11 o m•JverN. NIvaRRM. P. Col. rTdoryPvryrlmlrae:err «aurr, qPao, apknlro a: a aopm ,: rnv N,Hn oso l,xwmlrov.Imneree In nM aeu:k Tm tmwma Iwmd aPPkuilP,e rw. rNm wamrrw 1. c.a:« cePmr cmran Mw9«nen :,kia�°�rzai°am s�w:r �zz"`WseBI°aeo.°i-,I.�:ra m.�e"rw���einla.':'w mamml,�amrw vc - v e. c°mca,:o �nvwc.,"d°rc,dn`�`°cI'i,Pa.+aal"wnrm:.rr lu�wrrFu,:•:iu�.. 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Powerwashing, Epoxy (239)2 2-d153 BE OR REMODELING NG SERVICES (239)285-3)39 Floor, Stainingy. Kitchen ??� TItF aMARBIE MSTAlUT10N IH/CANNElS/ rangelureenurvi<eCgmalLum RefinishingBMorel ISIZZIM=HUMNN6 AND UEttMCel R[PM0. MNINGWAUS/ lob Big rSrluLi.BSN6 k MOPE( DRYWALL. PAINT LicMs.Fre Estimate LIC&INS. FREE ESTIMATES BASE BOARD afPOWN (239199d-d05] TUTTLE SCREEN Cai1239465-3119 'a{ MOLDING INSTALLATION REPAIR. Free Estimates. alinfinRelinesll[ogma(I.com K. SIMON E%PERT ROOFING E� kck It Cutf EXPERIENCED PROFESSIONA S 89611293 (239) 649-8695 alintdines om WE HAVE OBSOLETE TILES( Experienced Skid Stee, OPer- 1UT`LIUINSUREDIECTS PHOTOS a a BFull Rov/ RIP,,,,rh,,, ebidss r Established Demolition FREE ESTIMATES � .ILand.Iblun Ce-leekin Say moss, Shingle]tlle/Metal/Flat Roofs for n gi 9 Jinn words Commercial & Residential bids expo en d Skid MARCO (2391692.1291 Add,plwlu 1 leaks Flx<d/Great Ra[es/FAST! Steer Operator with amine- PABLO nl9)]149901 lO You ad BesI Massage In Naplesl Free" 1 Syn experience. Kathleen Marco to P isle Gorda (239)3]0.50]0 limm<suna]8 0M 4662 OMMIS031 FI. ticB CGC1523639 O maILcO1n n391 d51-5081 1239)269-,119 Packet Pg. 330 9.A.2.d Neighborhood Information Meeting Affidavit of Compliance I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this a requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of o proposed change and the date, time, and place of a Neighborhood Information Meeting. m ca co 0 N 0 0 Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made M N a part of this Affidavit of Compliance N LO (Signature of Applicant) STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of ❑✓ physical presence or Don I ine registration this 2nd day of October 20 23 by Jessica Harrelson who is Z personally known tome or has produce as identification. 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U'U'U' U' xxxxxx TE.— �� 22.20Z ZhhhhhhC M » 3333¢ 9.A.2.d 7'tlliiiil� 1 PENINSULA`S ENGINEERING V NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITIONS: PUDZ-PL20230002068 — Boat House Commercial Planned Unit Development (CPUD) GM PA-PL20230002069 — Boat House Commercial Subdistrict A neighborhood information meeting is scheduled for Wednesday, September 27, 2023, beginning at 5:30pm at the Naples Regional Library (650 Central Avenue, Naples, FL 34102). The purpose of the meeting is to inform those interested in the details of the project. The following formal applications have been submitted to Collier County Growth Management: Planned Unit Development Rezone: seeking to rezone the property from the Commercial Intermediate (C-3) zoning district to the Boat House Commercial Planned Unit Development (CPUD) to permit a maximum of 32,500 SF of gross floor area of permitted and conditional uses allowed by the C-3 zoning district or up to 20,000 SF of gross floor area of boat sales and boat/engine service and repairs. Growth Management Plan Amendment: seeking a site -specific map and text amendment to the Future Land Use Element of the Collier County Growth Management Plan, to amend the existing GMP designation from the Urban Mixed -Use District, Residential Subdistrict, to establish a new Subdistrict within the Urban Commercial District. The proposed Boat House Commercial Subdistrict will allow a maximum of 32,500 SF of permitted and conditional uses allowed by the C-3 zoning district or up to 20,000 SF of gross floor area of boat sales and boat/engine service and repairs. The subject site is comprised of two (2) parcels, collectively 3.5-acres in size, and located north of Davis Boulevard and south of Radio Lane in Naples, Florida in Section 3, Township 50 South and Range 26 East. If you have questions or would like to register to participate in the meeting remotely, please contact the individual below. Jessica Harrelson, AICP Peninsula Engineering Phone: 239.403.6751 Email: iharrelson@pen-eng.com Please note, remote participation is provided as a courtesy. The applicant and Peninsula Engineering are not responsible for any technical issues. Project information can be found on our website: www.pen-eng.com/planning-projects or by using the QR code below: . b% 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. 347 9.A.2.d PENINSULA OZ ENGINEERING Sarecino 4 Calle Del Rey CIR C a o o a m m ° a ¢O C cc yra V1 U SUBJECT PROPERTY I a Vy SaadebYpOk CIR Obis Radio Rb Radio LN Club WAY �y0 Oat C V L LOCATION MAP 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. 348 a) 4� (D U) CD CO CD C14 0 0 N O -J on- 475- -� cc - �o 00 co w CN N --Do 0 U) 000 CN D 0 0 -C L- 0 -r 0 C14 M E LM N 0) 0 'a) :D a) co Z IL w .X � y (andO asnOH W09 '890Z000CZOZ-ld : SOLLZ) --- s4uawnoo(] WIN-0 4uGw4Oe44V:IuawLl3e44V tir CL Ic E 0 Q v cc z fz m Ln tp N. 00 0) C) I-q N I-q m V--4 II- 1-4 LO V-4 Colflear County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone (PUDZ, PUDA, PUDR) 9.A.2.e ❑✓ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 GA of the Administrative Code ❑ Amendment to PUD (PUDA): LDC subsections 10.02.13 E; and 10.03.06.B; and Ch. 3 G.2 of the Administrative ❑ Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. a U a� APPLICANT CONTACT INFORMATION I 3 0 x c� 0 Name of Property Owner(s): Name of Applicant if different than owner: 00 N 0 Address: City: State: ZIP: o Telephone: Cell: M N N E-Mail Address: J a- Name of Agent: LO N Firm: v N Address: City: Naple State: ZIP: Telephone: Cell: o E-Mail Address: `2 .Q a a 0 If Property is under contract to be sold: m Name of Property Buyer(s): Kevin Code, Managing Member, Boat House of Naples Real Estate, LLC t U 0 Name of Applicant if different than buyer: Q Address: 1516 SE 46th Street City: Cape Coral State: FL ZIP: 33904 c a� Telephone: 239.732.8050 Cell: ca E-Mail Address: Eric. Lundgren@boathouseh2o.com a Name of Agent: Jessica Harrelson, AICP and Richard Yovanovich, Esq. Firm: Peninula Engineering / Coleman, Yovanovich & Koester Address: 2640 Golden Gate Parkway / City: Naples State: FL ZIP: 34105/ 4001 Tamiami Trail, Suite 300 34103 Telephone: 239.403.6751 / 239.435.3535 Cell: E-Mail Address: jharrelson@pen-eng.com; ryovanovich@cyklawfirm.com 07/2022 Pag Packet Pg. 350 COLL76Y county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov REZONE REQUEST This application is requesting a rezone from: C-3 Zoning district(s) to the CPUD zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Boat Sales/ Boat & Engine Repair Original PUD Name: N/A Ordinance No.: N/A PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • If required to do so at the pre -application meeting, the applicant shall submit four (4) copies of a recent survey (completed within the last six (6) months, maximum 1" to 400' scale), and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 3 50 / 26 Lot: N/A Block: N/A Subdivision: N/A Metes & Bounds Description: Plat Book: N/A Page #: N/A See Survey Property I.D. Number: 00399320006 & 00399200003 Size of Property: varies ft. x varies ft. _ 152,460 Total Sq. Ft. Acres: 3_5 Address/ General Location of Subject Property: South of Radio Lane, North of Davis Blvd and East of Radio Road PUD District (refer to LDC subsection 2.03.06 Q ❑✓ Commercial ❑ Mixed Use ❑ Residential ❑ Other: ❑ Community Facilities ❑ Industrial n a U a� y 7 O x T M O m C m 0 N O O O M N O N J d 0 ti N N u2 _ 0 CU Q a Q 0 _ aD E t 0 Q r a� 0 Ca a 07/2022 Pag Packet Pg. 351 Collier County 9.A.2.e Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ADJACENT ZONING AND LAND USE Zoning Land Use N Woodside Lanes PUD and MAC RPUD Developed Commercial/Residential S Cedar Hammock Golf & Country Club PUD Davis Blvd/ Required Preserve (conservation) E C-3 Developed Commercial (Gas Station) W C-3 Developed Commercial (Gas Station) 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: Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: ASSOCIATION' Complete the following for all registered Home Owner / Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Applicant is responsible for and shall confirm the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Hadley Place Homeowners Association, Inc. Mailing Address: 10541 Ben C Pratt Six Mile Cypress Pkwy, Suite 100 City: Fort Myers State: FL ZIP: 33966 Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: 07/2022 City: City: City: City: State: ZIP: State: ZIP: n a U a� y 7 O x O m C 0 N 0 0 0 M N O N J a LO 0 ti ti N N u2 c CU .Q a Q 0 c aD E t 0 r Q r c a� E V R a State: ZIP: State: ZIP: Pag Packet Pg. 352 Collier County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov EVALUATION CRITERIA 9.A.2.e Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. C. Conformity of the proposed PUD with the goals, objectives, and policies of the Growth Management Plan. (This is to include identifying what subdistrict, policy, or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy, or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. a U a� N 7 O x O m 0 N O O 0 M N O N J IL LO 0 r— ti N L6 0 .Q a a 0 c a� U r Q c a� E ca a 07/2022 Pag Packet Pg. 353 COLL76Y county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes �✓ No If so, please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 8 B of the Administrative Code and LDC section 10.03.05. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 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 six (6) months. An application deemed "closed" will not receive further processing, and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees, and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. n a U a� y 0 x T M 0 m C cc 0 N O 0 0 M N O N J a LO 0 ti N I* N u2 c 0 CU Q a Q 0 c aD E t 0 Q r c a� E 0 R a 07/2022 Pag Packet Pg. 354 Collier County 9.A.2.e Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Final Submittal Requirement Checklist for: ❑✓ PUD Rezone- Ch. 3 G.1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G.2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G.1 of the Administrative Code The following submittal requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please upload the submittal items with cover sheets attached to each section via the GMD Portal. Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIREMENTS REQUIRED NOT REQUIRED Cover Letter with narrative statement including a detailed description of why amendment is necessary ❑ ❑ Completed application with required attachments (download latest version) ✓ Pre -application meeting notes Affidavit of Authorization, signed and notarized ✓ Property Ownership Disclosure Form ✓ Notarized and completed Covenant of Unified Control ✓ Completed Addressing Checklist ✓ Warranty Deed(s) ✓ List identifying owner and all parties of corporation Signed and sealed Boundary Survey ✓ Architectural rendering of proposed structures v/ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. ❑ Statement of utility provisions ✓ Environmental data requirements pursuant to LDC section 3.08.00 ✓ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ Listed or protected species survey, less than 12 months old. Include copies of previous surveys. ❑✓ ❑ Traffic Impact Study (TIS) ✓ Historical Survey ✓ School Impact Analysis Application, if applicable ✓ Electronic copy of all required documents ✓ 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 n a U a� y 0 x 0 m C cc 0 N O 0 0 M N O N J d LO 0 ti ti N 07/2022 Pag Packet Pg. 355 coNeY county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Revised Conceptual Master Site Plan 24" x 36"and one (1) 8 %" x 11" copy ✓Ll Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ Revised PUD document with changes crossed thru & underlined ✓ Copy of Official Interpretation and/or Zoning Verification ✓ +The following exhibits are to be completed on a separate document and attached to the application packet: • Exhibit A: List of Permitted Uses • Exhibit B: Development Standards • Exhibit C: Master Plan- See Chapter 3 G.1 of the Administrative Code • Exhibit D: Legal Description • Exhibit E: List of Requested LDC Deviations and justification for each • Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)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) ❑ Conservancy of SWFL Utilities Engineering Parks and Recreation Director Emergency Management Immokalee Water/Sewer District City of Naples Planning Director Other: City of Naples Utilities Other: FEE REQUIREMENTS ❑✓ Pre -Application Meeting: $500.00 ❑✓ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning ❑✓ Consistency Review: $2,250.00 ❑✓ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑✓ Listed or Protected Species Review (when an EIS is not required): $1,000.00 0 Transportation Review Fees: • Methodology Review: $500.00 (Methodology by Email to Staff) *Additional fees to be determined at Methodology Meeting. • Minor Study Review: $750.00 • Major Study Review $1,500.00 ❑✓ Fire Planning Review Fee: ($150 PUDZ) ($125 PUDA, PUDR) n a U a� y 7 0 x T M 0 m C m 0 N 0 0 0 M N 0 N J d LO 0 ti ti N N c 0 M Q a Q 0 aD E t 0 Q a� E 0 2 a 07/2022 Page Packet Pg. 356 L of Fier CO-UHty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ❑✓ Estimated Legal Advertising fee: • CCPC: $1,125.00 • BCC: $500.00 �✓ If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) 0 School Concurrency Fee, if applicable: • Mitigation Fees, if application, to be determined by the School District in coordination with the County All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, 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 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov C-)om Signatuof Petitioner or Agent Jessica Harrelson, AICP - Agent Printed named of signing party 5/22/2023 Date 07/2022 Page Packet Pg. 357 AFFIDAVIT OF AUTHORIZATION 9.A.2.e 1, Kevin Code (print name), as Managing Member, (title, if applicable) of the Boat House of Naples Real Estate, LLC, (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner_ applicant X contract purchaser and 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. We/I authorize Jessica Harrelson, AICP and Richard Yovanovich, Esq. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes: • If the applicant is a corporation, then it is usually executed by the carp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C) or Limited Company (L.Q 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 wards "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature STATE OF COUNTY OF Kevin Code Printed Name The foregoing instrument was sworn to (or affirmed) and subscribed before me onWY1j Sr^20 ZL (date) by �,n C dd12 (name of person providing oath or affirmation), as who is personally known to me or who has produced (type of identification) as ide fic ion. STAMP/SEAL 1 Notary Public State of Florida Chelsea Renee Sparks l My Commission HH 303236 Expires 8/2212026 NUMP ITIMMIARA, 10 WINIT&T "m mum Packet Pg. 358 AFFIDAVIT OF AUTHORIZATION I, Kevin Code (print name), as Managing Member, (title, if applicable) of the Boat House of Cape Coral, LLC, (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner _ applicant contract purchaser X and 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. We/I authorize the Boat House of Naples Real Estate, LLC, Jessica Harrelson, AICP and Richard Yovanoyich_ , Esq. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes. • If the applicant is a corporation, then it is usually executed by the carp. Ares. or v. pres. • If the applicant is a Limited Liability Company (L.L.C. ) or Limited Company (L.C.j, then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature STATE OF COUNTY OFi-� Printed Name Kevin Code The foregoing instrument was sworn to (or affirmed) and subscribed before me r , -,) (date) by r=e-" rin _O6 L (name of person providing oath or affirmation), as , v, who is personally known to me or who has produced (type of identification) as idef4ifreation. STAMP/SEAT. Notary Public State of Florida Chelsea Renee Sparks Illl My Commission HH 363236 Expires V2212026 (2 V,- 1-t C Signature of Notary Public Packet Pg. 359 AFFIDAVIT OF AUTHORIZATION EEE] I, T0411 (print name), as WL04$ A� h'\C►ia v, (title, if applicable) of the JJF Stonineton, LLC (company, i applicable), swear or affirm under oath, that I am the (choose one): The owner X applicant contract purchaser _ and 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. We/I authorize the Boat House of Cape Coral LLC Jessica Harrelson, AICP and Richard Yovanovich, Esq. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature r Printed Name STATE OF Coo nn P� W� COUNTY OF V7aY n e 1d The foregoing instrument was sworn to (or affirmed) and subscribed before me on ���r �l23 (date) by 3o1�n = �'a reh (name of person providing oath or affirmation), as McJJJQ$ A` Mc,-n6f- who is personally known to me or who has produced �)YWO(5 if(f-,ILT(type of identification) as ident fic__�tio. Ist) #, YOLANDA CRUIKSHANK ' lV'.•.. ' STAMP/SEAL Notary Public, State of Connecticut Si My Commission Expires 05/31/T� of Notary Public 0 D a U m 3 0 x a 0 m 00 to 0 N 0 0 0 M N 0 N J a Ln 0 ti ti N N r M Q a Q 0 E r Q C 0 c� Q Packet Pg. 360 9.A.2.e Colfler County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov COVENANT OF CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as goat House CPUD See Legal Description as 'Exhibit A' (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for Commercial planned unit development (C PUD) zoning. We hereby designates"�^d.^.aIcPaFkhndYmw ich,Eaa., legal representative thereof,asthe 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. Signatur / Signature of Owner Kevin Code, Managing Member Printed Name of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of ®physical presence or Flonline registration this OR day of M _ , 20a3, by�01& _ who is 0 personally known to me or has produced as identification. E earl M Bianchi(2, mmission # GG 928804 nature of Notary Public ssion Expires 11-04-2023 ed Through - Cynanotary�Cr1 I r 1,�j orida - Notary Public 1 Yl Print Name of Notary Public 07/2022 Page 3 of 11 Packet Pg. 361 9.A.2.e EXHIBIT A LEGAL DESCRIPTION Parcel 1: That part of the east half of the Northwest quarter of Section 3, Township 50 South, Range 26 East, lying North of State Road 84 (formerly known as State Road S-856), also known as Davie Boulevard Extension, and South of State Road S-858, More particularly described as: Commencing at the North 1/4 comer of Section 3, Township 50 South, Range 26 East, Collier County, Florida; thence along the North -South 1/4 line of said Section 3, South 00 degrees 54'52" West 50.00 feet; thence along a line which is 50 feet South of and parallel to the North line of said Section 3, South 89 degrees 54'20" West 462.78 feet for a Place of Beginning; Thence continuing South 89 degrees 54'20" West, 858.64 feet; thence South 00 degrees 31'13" West, 589.82 feet to the Northwesterly right-of-way line of State Road S-856 (Davis Boulevard Extension); thence along said right- of-way line, 1010.08 feet along the arc of a circular curve concave to the Southeast, radius of 2939.79 feet, delta of 19 degrees 41'10", chord bearing North 59 degrees 17'07" East, 1005.12 feet; thence North 00 degrees 05'40" West, 77.83 feet to the Place of Beginning. LESS Commencing at the North 1/4 comer of Section 3, Township 50 South, Range 26 East, Collier County, Florida; thence along the North -South 1/4 line of said Section 3, South 00 degrees 54'52" West, 50.00 feet; thence along a line which is 50 feet South of and parallel to the North line of said Section 3, South 89 degrees 54'20" West, 462.78 feet for a Place of Beginning; Thence continuing South 89 degrees 54'20" West, 305.65 feet; thence South 00 degrees 05'40" East, 214.17 feet to the Northwesterly right-of-way line of State Road S-856 (Davis Boulevard Extension); thence along said right- of-way line, 334.86 feet along the arc of a circular curve concave to the Southeast, radius of 2939.79 feet, delta of 06 degrees 31'35", chord bearing North 65 degrees 51'55" East, 334.68 feet; thence North 00 degrees 05'40" West, 77.83 feet to the Place of Beginning. Bearings are based on the North line of the Northwest 1/4 of said Section 3 as being South 89 degrees 54'20" West. LESS AND EXCEPT the lands described in that Stipulated Final Judgment dated May 17, 2001, recorded on May 23, 2001, in Official Records Book 2829, Page 2422, of the Public Records of Collier County, Florida. ALSO LESS AND EXCEPT all the lands lying Northeasterly of the lands described in that Stipulated Final Judgment dated May 17, 2001, recorded on May 23, 2001, in Official Records Book 2829, Page 2422, of the Public Records of Collier County, Florida. and Parcel 2: Being a portion of the NW 1/4 of the NW 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida; and being more particularly described as follows: Commence at the Northwest corner of said Section 3; run thence North 89 degrees 54'20" East, along the Northerly line of said Section 3, for 821.76 feet; thence South 00 degrees 31'13" West, 50.00 feet to the Point of Beginning, also being In the Southerly right-of-way line of State Route S-858; thence North 89 degrees 54'20" East, along said Southerly right -of --way, line 500.00 feet; thence South 00 degrees 31'13" West, 589.82 feet to the Northerly right-of-way line of State Route S-856; said Northerly right-of-way line being a curve to the Southwest, having a radius of 2939.79 feet, and whose chord bears South 42 degrees 06'38" West, for 753.20 feet; thence Packet Pg. 362 9.A.2.e along the arc of said curve 755.27 feet; thence North 00 degrees 31'13" East, 1147.78 feet to the Point of Beginning; LESS AND EXCEPT the lands described in that Warranty Deed, dated June 14, 1999, recorded on June 16, 1999, in Official Records Book 2559, Page 1817, of the Public Records of Collier County, Florida; AND ALSO LESS AND EXCEPT all the lands lying Southwesterly of the lands described in that Warranty Deed, dated June 14, 1999, recorded on June 16, 1999, in Official Records Book 2559, Page 1817, of the Public Records of Collier County, Florida. Packet Pg. 363 9.A.2.e cofY cQinty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 j Email: GMDClientservices@colliercountyfl.gov www.colliercountyfl.gov COVENANT OF CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as goat House CPUD See Legal Description as 'Exhibit A' (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for Commercial planned unit development (C PUD) zoning. we hereby designate .legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1, The property will be developed and used in conformity with the approved master plan including all conditions placed an 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 co pl lance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit d r lopfnent and the County may stop ongoing construction activity until the project is brought into compliance with all t r cjjrr,,nditions and safeguards of the planned unit development. er ` / Signature of Owner John F6rerJ Managing Member, JJF Stonirigton, LLC Printed Ndme of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF COLLIER The fo egging instrument was acknowledged before me by means of physical presenc this - day of C L 20L, by .tc� f t`'� wh - or ❑ has produced LEO J. SALVATORI .'s MY COMMISSION # HH C50632 EXPIRES: November 28, 2024 y'for'F.4c' Bonded Thru Notary Public Underxriters 07/2022 L_J online registration personally known to me as identification. 5ignat a of_otary Public Print Name of Notary Public Page 8 of 11 Packet Pg. 364 9.A.2.e LEGAL DESCRIPTION Parcel 1: That part of the east half of the Northwest quarter of Section 3, Township 50 South, Range 26 East, lying North of State Road 84 (formerly known as State Road S-856), also known as Davie Boulevard Extension, and South of State Road S-858, More particularly described as: Commencing at the North 1/4 corner of Section 3, Township 50 South, Range 26 East, Collier County, Florida; thence along the North -South 114 line of said Section 3, South 00 degrees 54'52" West 50.00 feet; thence along a line which is 50 feet South of and parallel to the North line of said Section 3, South 89 degrees 54'20" West 462.78 feet for a Place of Beginning; Thence continuing South 89 degrees 5420" West, 858.64 feet; thence South 00 degrees 31'13" West, 589.82 feet to the Northwesterly right-of-way line of State Road S-856 (Davis Boulevard Extension); thence along said right- of-way line, 1010,08 feet along the arc of a circular curve concave to the Southeast, radius of 2939.79 feet, delta of 19 degrees 41'10", chord bearing North 59 degrees 17'07" East, 1005.12 feet; thence North 00 degrees 05'40" West, 77.83 feet to the Place of Beginning. LESS Commencing at the North 1/4 corner of Section 3, Township 50 South, Range 26 East, Collier County, Florida; thence along the North -South 1/4 line of said Section 3, South 00 degrees 54'52" West, 50.00 feet; thence along a line which is 50 feet South of and parallel to the North line of said Section 3, South 89 degrees 54'20" West, 462.78 feet for a Place of Beginning; Thence continuing South 89 degrees 54'20" West, 305.65 feet; thence South 00 degrees 05'40" East, 214.17 feet to the Northwesterly right -of --way line of State Road S-856 (Davis Boulevard Extension); thence along said right- of-way line, 334.86 feet along the are of a circular curve concave to the Southeast, radius of 2939.79 feet, delta of 06 degrees 31'35", chord bearing North 65 degrees 51'55" East, 334.68 feet; thence North 00 degrees 05'40" West, 77.83 feet to the Place of Beginning. Bearings are based on the North line of the Northwest 1/4 of said Section 3 as being South 89 degrees 54'20" West LESS AND EXCEPT the lands described in that Stipulated Final Judgment dated May 17, 2001, recorded on May 23, 2001, in Official Records Book 2829, Page 2422, of the Public Records of Collier County, Florida. ALSO LESS AND EXCEPT all the lands lying Northeasterly of the lands described in that Stipulated Final Judgment dated May 17, 2001, recorded on May 23, 2001, in Official Records Book 2829, Page 2422, of the Public Records of Collier County, Florida. and Parcel 2: Being a portion of the NW 1/4 of the NW 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida; and being more particularly described as follows: Commence at the Northwest comer of said Section 3; run thence North 89 degrees 54'20" East, along the Northerly line of said Section 3, for 821.76 feet; thence South 00 degrees 3113" West, 50.00 feet to the Point of Beginning, also being in the Southerly right-of-way line of State Route S-858; thence North 89 degrees 54'20" East, along said Southerly right-of-way, line 500.00 feet; thence South 00 degrees 31'13" West, 589.82 feet to the Northerly right-of-way line of State Route S-856; said Northerly right-of-way line being a curve to the Southwest, having a radius of 2939.79 feet, and whose chard bears South 42 degrees 06'38" West, for 753.20 feet; thence Packet Pg. 365 9.A.2.e along the are of said curve 755.27 feet; thence North 00 degrees 31'13" East, 1147.78 feet to the Point of Beginning; LESS AND EXCEPT the lands described In that Warranty Deed, dated June 14, 1999, recorded on June 16, 1999, in Official Records Book 2559, Page 1817, of the Public Records of Collier County, Florida; AND ALSO LESS AND EXCEPT all the lands lying Southwesterly of the lands described in that Warranty Deed, dated June 14, 1999, recorded on June 16, 1999, in Official Records Book 2559, Page 1817, of the Public Records of Collier County, Florida. Packet Pg. 366 9.A.2.e 7't4,� 1 PENINSULA`S ENGINEERING BOAT HOUSE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) PROJECT NARRATIVE, CONSISTENCY & EVALUATION CRITERIA Project Information The subject site is comprised of two (2) parcels, collectively 3.5-acres in size, and located north of Davis Boulevard and south of Radio Lane in Naples, Florida in Section 3, Township 50 South and Range 26 East. Details of Request The intent of this Planned Unit Development Rezone is the request to rezone the property from the Commercial Intermediate (C-3) zoning district to the Boat House Commercial Planned Unit Development (CPUD) to permit a maximum of 32,500 SF of gross floor area of permitted and conditional uses allowed by the C-3 zoning district or up to 20,000 SF of gross floor area of boat sales and boat/engine service and repairs. The permitted uses include those within the C-3, Commercial Intermediate District, which the property is currently entitled, and the addition of boat sales and boat/engine service and repairs. This is a companion request to a Small -Scale Growth Management Plan Amendment (GMPA-PL20230002069), seeking to establish the Boat House Commercial Subdistrict to permit the proposed land uses. Zoning and Future Land Use The site is within the C-3 zoning district and designated within the Urban Mixed -Use District, Urban Residential Subdistrict per the Future Land Use Map. The property's existing zoning is consistent with the Future Land Use Element by Policy 5.12, per Map FLUE-11 and is labeled as 'Having an Exception or Compatibility Exception'. The site is adjacent to rights -of -way along the north, west and south and is surrounded by commercial and residential development as outlined in the table below. The property qualifies for infill development. SURROUNDING ZONING/LAND USE TABLE LOCATION FROM PROPERTY ZONING LAND USE North Woodside Lanes PUD and MAC RPUD Developed Commercial/Residential Davis Blvd/ Required Preserve South Cedar Hammock Golf & Country Club PUD (conservation) Developed Commercial East C-3 (Gas Station) Radio Rd/ Developed Commercial West C-3 (Gas Station) BOAT HOUSE CPUD PUDZ-PL20230002068 August 29, 2023 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 LB847 Packet Pg. 367 9.A.2.e PENINSULA�� ENGINEERING The request includes the addition of boat sales and boat/engine service and repairs as permitted land uses. The C-3 zoning district currently permits comparable land uses to those being added. As an example, 'Marina' (SIC 4493), is a permitted use within the C-3 zoning district. Marina, per the LDC definition below, include boat sales. Marina: A boating facility, chiefly for recreational boating, located on navigable water frontage, and providing all or any combination of the following: boat slips or dockage, dry boat storage, small boat hauling or launching facilities, marine fuel and lubricants, marine supplies, bait and fishing equipment, restaurants, boat and boat motor sales, and rentals. Does not include dredge, barge, or other work - dockage or service, boat construction or reconstruction, or boat sales lot. Additionally, several of the C-3 land uses currently entitled to the property are more intense to the new uses proposed, boat sales/repairs, as they relate to traffic, noise and hours of operation, such as 'Gas Stations' and 'Eating Places'. The site's proximity to Interstate-75 and location in a high -traffic volume area make the property appropriate for the proposed land uses. Compatibility with the surrounding neighborhood is being addressed by limiting the hours of operation, implementing lighting design standards to prevent light pollution, providing perimeter landscape buffers, including an increased buffer along the northern property line with an 8' solid wall, and providing maximum building heights and setbacks that are comparable with surrounding properties. EVALUATION CRITERIA The following criteria have been addressed by the applicant to evaluate the proposed PUDZ application: 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. Response: The Boat House CPUD is located within a developed area of Collier County, and surrounding land use patterns consist of commercial residential uses. The property will have direct access to Radio Lane. The property is proximate to public services and public infrastructure is available to accommodate the project. The site's proximity to Interstate-75 and location in a high -traffic volume area make the property appropriate for intense commercial development. 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. BOAT HOUSE CPUD PUDZ-PL20230002068 August 29, 2023 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 LB847 Packet Pg. 368 9.A.2.e PENINSULA�rENGINEERING '% Response: Evidence of Unified Control has been provided by the Applicant and the Applicant will be responsible for the provision and maintenance of all facilities on -site. 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.) Response: A site -specific, small-scale growth management plan amendment (SSGMPA) is being submitted as a companion item to this rezone request to permit the proposed uses. Upon approval of the SSGMPA, the request will be consistent with the County's Growth Management Plan. 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. Response: The PUD Document outlines development standards to address compatibility with adjacent land uses, including a landscape buffer along the north that is increased in width and contains a solid 8' wall to mitigate impacts on residential development. Additional items to address compatibility are utilizing lighting design standards to protect neighboring residential properties from direct glare, providing maximum building heights and setbacks that are comparable with surrounding developments. The site's proximity to Interstate-75 and location in a high -traffic volume area make the property appropriate for intense commercial development. The adequacy of usable open space areas in existence and as proposed to serve the development. Response: Adequate open space will be provided to serve the development. Refer to the PUD Master Plan. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response: Existing public facilities are in place to serve the proposed CPUD. g. The ability of the subject property and of surrounding areas to accommodate expansion. Response: The subject property and surrounding areas can accommodate expansion. 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. BOAT HOUSE CPUD PUDZ-PL20230002068 August 29, 2023 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 LB847 Packet Pg. 369 9.A.2.e PENINSULA�rENGINEERING '% Response: The proposed development conforms to PUD regulations outlined in the LDC. REZONE CRITERIA Per LDC Section 10.02.08.F, the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. Response: A site -specific, small-scale growth management plan amendment (SSGMPA) is being submitted as a companion item to this rezone request to permit the proposed uses. Upon approval of the SSGMPA, the request will be consistent with the County's Growth Management Plan. 2. The existing land use pattern. Response: The property is currently entitled to permitted and conditional uses of the C-3, Commercial Intermediate District. The proposed addition of boat sales and boat/engine service and repairs is consistent and compatible with the existing land use patterns, which consists of both commercial and residential uses. The site is also adjacent to rights -of -way along the south, north and west. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Response: This rezone request involves infill commercial development does not create an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Response: Existing boundaries were not illogically drawn in relation to existing conditions on the subject property. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary Response: Changed or changing conditions do not make the passage of the proposed amendment necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Response: The proposed change will not adversely influence living conditions. Development Standards, provided in the CPUD Document, address compatibility with surrounding developments. PUDZ-PL20230002068 August 29, 2023 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 LB847 Packet Pg. 370 9.A.2.e PENINSULA�rENGINEERING '% 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. Response: The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses or otherwise affect public safety. Please refer to the Traffic Impact Statement. 8. Whether the proposed change will create a drainage problem. Response: The proposed change will not create any drainage issues. The site will be designed, and permitted, to Collier County and SFWMD standards. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Response: The proposed change will not seriously reduce light and air to adjacent areas. The proposed maximum building heights are comparable to surrounding permitted building heights. 10. Whether the proposed change will adversely affect property values in the adjacent area. Response: The proposed change will not adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Response: The proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Response: The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Response: There are no substantial reasons why the property cannot be used in accordance with existing zoning. The rezone is requesting site specific commercial land uses on the subject property. BOAT HOUSE CPUD PUDZ-PL20230002068 August 29, 2023 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 LB847 Packet Pg. 371 9.A.2.e PENINSULA�rENGINEERING '% 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Response: The proposed development is not out of scale with the needs of the neighborhood or the County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Response: It is not impossible to find other adequate sites in the County for the proposed use, although, the location is within a developing area of the County which public infrastructure readily available to accommodate the project. The property is currently zoned for commercial uses, is surrounded by developed commercial uses and is located in a high traffic volume area which makes it an ideal location for the proposed land uses. 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. Response: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for the proposed uses being requested is typical of and does not vary from similar development in Collier County. 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. Response: There are adequate public facilities and services to serve and accommodate the project Refer to the Traffic Impact Statement. 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. Response: The proposed use does not create adverse impacts on public health, safety and welfare. Any factors or criteria that the Board of County Commissioners deem important shall be determined by the Board. BOAT HOUSE CPUD PUDZ-PL20230002068 August 29, 2023 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 LB847 Packet Pg. 372 9.A.2.e PENINSULA�rENGINEERING '% Consistency with the Collier County Growth Management Plan Future Land Use Elem 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). Response: The PUD Document outlines development standards to address compatibility with adjacent land uses, including a landscape buffer along the north that is increased in width and contains a solid 8' wall to mitigate impacts on residential development. Additional items to address compatibility are utilizing lighting design standards to protect neighboring residential properties from direct glare, providing maximum building heights and setbacks that are comparable with surrounding developments. The site's proximity to Interstate-75 and location in a high -traffic volume area make the property appropriate for the proposed land uses. 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. Response: The Boat House Naples CPUD will provide direct access to Radio Lane. Refer to the PUD Master Plan. Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. Response: The Boat House Naples CPUD has been designed with a potential interconnect along the east and direct access to Radio Lane; refer to the PUD Master Plan and Traffic Impact Statement. 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. Response: The site's main point of ingress/egress is along Radio Lane. FDOT will not permit a connection along Davis Blvd and due to spacing requirements (the Radio Rd/Davis Blvd intersection), a direct connection onto Radio Road is not feasible or appropriate. A potential interconnect with the property along the east is provided on the Master Plan. BOAT HOUSE CPUD PUDZ-PL20230002068 August 29, 2023 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 LB847 Packet Pg. 373 9.A.2.e PENINSULA�� ENGINEERING Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. Response: The proposed Subdistrict involves a request for commercial development. Transportation Element 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. Response: Refer to the Traffic Impact Statement, prepared by Trebilcock Consulting Solutions. Conservation and Coastal Management Element Objective 6.1 Protect native vegetative communities through the application of minimum preservation requirements. Response: The development will comply with applicable federal and state permitting requirements regarding listed species protection, as necessary. Objective 7.1 Direct incompatible land uses away from listed animal species and their habitats. Response: A LSS has been conducted on the project site in accordance with Florida Fish and Wildlife Conservation Commission (FWCQ and U.S. Fish and Wildlife Service (USFWS) guidelines. The development will comply with applicable federal and state permitting requirements regarding listed species protection. BOAT HOUSE CPUD PUDZ-PL20230002068 August 29, 2023 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 LB847 Packet Pg. 374 (andO esnoH 1e013 `990Z000CZOZ-ld SOLLZ) VZ-9-6 uoi;eoilddV-d;uawt4ou V :;uauay3e;;d vJ a � ■1g4r YY I 1.1a{�u.�,IW.N d /p0./90 ppP .. 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P Qa �Ol 0" WIC=36 a �pQ�O�eo�"oe5e z w w m ' tC.ON L'£3.ON (a) 0&.08 LLEZZ 3.N.LL.05(a) I 01'6 S6Zr :a oM a 6S'86 M.ZZ.£L.ON(W) 8S'EZZ M.LS.S L.ON IW) Z9'89Z M.GO�L L.ON (W) .. %'99ZM.EL.LcOOS(a) o $ i w i z z z i o o n N n o p 4 a w z 4a_ -zwA z a.. w z! a �- 3 J - - d 9.A.2.e TREBILCOCK CONSULTING SOLUTIONS Traffic Impact Statement The Boat House SSGMPA and PUDZ Prepared for: Peninsula Engineering 2600 Golden Gate Parkway Naples, FL 34105 Collier County, Florida 6/7/2023 R1 Prepared by: Trebilcock Consulting Solutions, PA 2800 Davis Blvd, Suite 200 Naples, FL 34104 Phone: 239.566.9551 Email: ddratnol@trebilcock.biz Collier County Transportation Methodology Fee — $500.00 Fee* Collier County Transportation Review Fee — Malor Study — $1,500 Fee* Note: *to be collected at time of first submittal Packet Pg. 377 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.2.e 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. David A. Dratnol, PE FL Registration No. 89796 Trebilcock Consulting Solutions, PA 2800 Davis Blvd, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. Trebilcock Consulting Solutions, PA P a g e 1 2 Packet Pg. 378 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 Table of Contents ProjectDescription................................................................................................ 4 TripGeneration...................................................................................................... 5 Trip Distribution and Assignment........................................................................... 6 BackgroundTraffic................................................................................................10 Existing and Future Roadway Network.................................................................11 Project Impacts to Area Roadway Network -Link Analysis.....................................11 SiteAccess Analysis...............................................................................................13 Improvement Analysis..........................................................................................14 Mitigationof Impact.............................................................................................14 Appendices Appendix A: Project Master Site Plan...................................................................15 Appendix B: Initial Meeting Checklist (Methodology Meeting) ............................17 Appendix C: Trip Generation Calculations ITE 11th Edition..................................24 Appendix D: Transportation Element Map TR-6...................................................36 Appendix E: 2022 AUIR —TCMA Report— East Central TCMA..............................38 Trebilcock Consulting Solutions, PA P a g e 1 3 Packet Pg. 379 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 Project Description The subject project proposes to rezone the property from C-3 Commercial to PUD and develop a 20,000 square foot (SF) boat sales and repair center. As part of the PUD, the subject project will retain the permitted and conditional uses of the C-3 zoning. The site is located on the north side of Radio Road, between Radio Lane and Davis Boulevard in Section 3, Township 50 South, Range 26 East, Collier County, Florida. Refer to Figure 1: Project Location Map, which follows, and Appendix A: Project Master Site Plan. Figure 1: Project Location Map The subject project site is currently vacant and has a total area of approximately 3.5 acres. Access to the property is from Radio Lane on the north side of the property. The purpose of this Traffic Impact Statement (TIS) is to document the transportation impacts associated with the proposed request. The traffic report is in agreement with the latest adopted Collier County Traffic Impact Study Guidelines and Procedures. The project provides the highest and best use scenario with respect to the project's proposed trip generation. Consistent with the recommendations illustrated in Collier County Traffic Impact Study Guidelines and Procedures, traffic generation associated with the proposed development is evaluated based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (TGM), 11t" Edition and ITE Trip Generation Handbook, 3rd Edition. ITE does not have a land use code for boat sales and repair. The most comparable land use is Recreational Vehicle Sales. The ITE land use designation associated with the development is illustrated in Table 1. Under the permitted uses of the C-3 zoning, the highest and best use is a retail plaza. Table 1 identifies Trebilcock Consulting Solutions, PA P a g e 14 Packet Pg. 380 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 both possible uses. This TIS supports the Growth Management Plan Amendment and the rezoning of the property. Table 1: Development Program Strip Retail Plaza (<40k) For purposes of this evaluation, the project build -out year is assumed to be consistent with the Collier County 2028 planning horizon. A methodology meeting was held with the Collier County Transportation Planning staff on May 15, 2023, revised May 31, 2023, by email (refer to Appendix B: Initial Meeting Checklist). Connection to Radio Lane is via two full movement accesses. Radio Lane connects to Radio Road as a left - in, right -in and right -out connection. The proposed site plan can be seen in Appendix A: Project Master Site Plan. Trip Generation The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11t" Edition and the software program OTISS (Online Traffic Impact Study Software, most recent version). The ITE recommended trip rates and equations are used for the traffic generation calculations, as applicable. The ITE — OTISS trip generation calculation worksheets are provided in Appendix C: Trip Generation Calculations ITE 11th Edition. Internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. No internal capture is considered for this site. 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. Pass -by reductions are considered for this site for the commercial use. The trip generation associated with the proposed build -out conditions for the most intensive use, LUC 822 — Strip Retail Plaza (<40k), is summarized in Table 2. Trebilcock Consulting Solutions, PA P a g e 15 Packet Pg. 381 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.2.e Table 2: Trip Generation - Average Weekday 32,500 SF 1,602 38 25 63 90 90 180 1,602 38 25 63 90 90 180 240 10 6 16 23 23 46 1,362 28 19 47 67 67 134 In agreement with the Collier County TIS Guidelines and Procedures, 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 the Collier County 2022 Annual Update and Inventory Report (AUIR), the peak hour for the adjacent roadway network is PM. Trip Distribution and Assignment The 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 for the PM peak hour of the adjoining street is shown in Table 3: Traffic Distribution for PM Peak Hour and is graphically depicted in Figure 2A: Project Distribution by Percentage and Figure 213: Project Distribution by PM Peak Hour. a U a� N 7 O x c� O m m 0 N 0 0 0 M N 0 N J IL LO 0 N v N T 0 .Q a a 0 E M a E a Trebilcock Consulting Solutions, PA P a g e 1 6 Packet Pg. 382 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.2.e Table 3: Traffic Distribution for PM Peak Hour Radio Lane" N/A Radio Rd to access 100% EB-67 WB-67 Radio Road 71.0 Radio Ln to Davis Blvd 60% WB-40 EB-40 Santa Barbara Blvd to Radio Road 71.0 40% EB-27 WB-27 Radio Ln Livingston Rd to Santa Radio Road 70.0 Barbara Blvd 20% EB-13 WB-13 Golden Gate Pkwy to Santa Barbara Blvd 77 0 10% SB-7 NB-7 Radio Rd Santa Barbara 78.0 Radio Rd to Davis Blvd 10% NB-7 SB-7 Davis 16.2 Radio Rd to Collier Blvd 40% WB-27 EB-27 Santa Barbara Blvd to Davis 16.1 20% EB-13 WB-13 Radio Rd Note(s): *Peak hour, peak direction traffic volumes are underlined and bold to be used in Roadway Link Level of Service calculations. Peak Direction is taken from the Collier County 2022 AUIR. **Radio Lane is not a Collier County monitored facility. d U a� N 7 O x O m m 0 N O O O M N O N J IL LO 0 ti N N T C O R v .Q a 0 E M a E a Trebilcock Consulting Solutions, PA P a g e 17 Packet Pg. 383 The Boat House SSGMPA and PUDZ TIS —June 2023 Figure 2A - Project Distribution by Percentage wad, .0 C' E.3 Chu CD .E 771 0 43 0 13 P-'A e Ic V, D 's 39 CO. 700. C> 6.uft; ra EqYJ 'pv CO. 7F-!,i Q a 29 9-2 Trebilcock Consulting Solutions, PA 1 8 Packet Pg. 384 The Boat House SSGMPA and PUDZ TIS —June 2023 Figure 2113 — Project Distribution by PM Peak Hour C. 2 Collier 1116d t L) Lr Fr, 01- 01 t Ppl.&dC-., 1%, (N IZ: UJ y r a) L) LL _J 7 L 0, Cr CD LU LL 07 ILL, I m :3 253 U L p..iS M it :3 m V3 43 ik: Q cp Fo,.IW Z MW _8 C r., Y F?I%P mmmdmmw� Z3 mu z Z.111 LU SWO, 0. :2 -2 PO IS Bbd 'v n g:.t SxttOarbarj 91Y2 ML (> 2� E ool 7 M P.5 Trebilcock Consulting Solutions, PA Page 19 1 Packet Pg. 385 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 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 2022), whichever is greater. Another way to derive the background traffic is to use the 2022 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 2028. Table 4: Background Traffic without Project (2022 - 2028) 2028 Projected 2028 Projected 2022 AUIR Projected Pk Hr, Peak Dir Pk Hr, Peak Dir cc Pk Hr, Pk Dir Traffic Background Background Roadway AUIR Roadway Link Background Annual Growth Trip Traffic Volume Traffic Volume Link Link Location Traffic Growth Factor w/out Project Bank w/out Project ID # Volume Rate (trips/hr) (trips/hr) Trip (trips/hr) (%/yr)* Growth Factor** Bank*** Radio Ln to Radio Road 71.0 650 2.00% 1.1262 732 130 780 Davis Blvd Santa Barbara Radio Road 71.0 Blvd to 650 2.00% 1.1262 732 130 780 Radio Ln Livingston Rd Radio Road 70.0 to Santa 1,580 2.00% 1.1262 1,780 30 1,610 Barbara Blvd Santa Golden Gate Barbara 77.0 Pkwy to Radio 2,060 2.44% 1.1556 2,381 54 2,114 Blvd Rd Santa Radio Rd to Barbara 78.0 1,560 3.61% 1.2371 1,930 255 1,815 Davis Blvd Blvd Radio Rd to Davis Blvd 16.2 1,250 2.00% 1.1262 1,408 326 1,576 Collier Blvd Santa Barbara Davis Blvd 16.1 Blvd to 840 2.00% 1.1262 946 158 998 Radio Rd Note(s): *Annual Growth Rate — based on peak hour, peak direction volume (from 2008 through 2022), or 2% minimum. **Growth Factor = (1 +Annual Growth Rate)6. 2028 Projected Volume = 2022 AUIR Volume x Growth Factor. ***2028 Projected Volume = 2022 AUIR Volume +Trip Bank. The projected 2028 Peak Hour— Peak Direction Background Traffic is the greater of the Growth Factor or Trip Bank calculation, which is underlined and bold as applicable. a U a� N 7 O x O m m 0 N 0 0 0 M N O N J a LO 0 ti v N T 0 .Q a a 0 Y c m E M U r Q c a� 0 U ca Y Y Q Trebilcock Consulting Solutions, PA P a g e 1 10 Packet Pg. 386 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 Existing and Future Roadway Network The existing roadway conditions are extracted from the Collier County 2022 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. As no such improvements were identified in the Collier County 2022 AUIR, the evaluated roadways are anticipated to remain as such through project build -out. The existing and future roadway conditions are illustrated in Table 5: Existing and Future Roadway Conditions. Table 5: Existing and Future Roadway Conditions CC 2022 Peak Dir, 2028 Peak Dir, 2022 Min. 2028 AUIR Roadway Link Peak Hr 2028 Peak Hr Roadway Link Roadway Standard Roadway Link ID Location Capacity LOS Capacity Condition LOS Condition # Volume Volume Radio Ln to Davis Radio Road 71.0 4D D 1,800 (WB) 4D D 1,800 (WB) Blvd Santa Barbara Radio Road 71.0 Blvd to 4D D 1,800 (WB) 4D D 1,800 (WB) Radio Ln Livingston Rd to Radio Road 70.0 Santa Barbara 4D D 1,800 (EB) 4D D 1,800 (EB) Blvd Santa Barbara Golden Gate 77.0 6D E 3,100 (NB) 6D E 3,100 (NB) Blvd Pkwy to Radio Rd Santa Barbara Radio Rd to Davis 78.0 6D E 3,100 (NB) 6D E 3,100 (NB) Blvd Blvd Radio Rd to Davis Blvd 16.2 6D E 3,300 (WB) 6D E 3,300 (WB) Collier Blvd Santa Barbara Davis Blvd 16.1 Blvd to 6D E 3,300 (EB) 6D E 3,300 (EB) Radio Rd Note(s): 2U = 2-lane undivided roadway; 4D, 6D, 8D = 4-lane, 6-lane, 8-lane divided roadway, respectively; LOS = Level of Service. 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 year 2028. 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. a U a� N 7 O x c� O m m 0 N O O 0 M N O N J a M 0 ti N V N T c 0 .Q a a 0 c (D E t U M r r Q c a) E t U a Trebilcock Consulting Solutions, PA P a g e 1 11 Packet Pg. 387 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 Table 6: Roadway Link Level of Service (LOS) — with Project in the Year 2028 illustrates the LOS traffic impacts of the project to the area roadway network. Based on the Collier County Transportation Planning Services guidelines, this project does not have a significant and adverse roadway impact. The proposed development is not located within the Collier County's Transportation Concurrency Exception Area (TCEA). However, the proposed development is situated within the County's designated East Central Transportation Concurrency Management Area (TCMA). The East Central TCMA is illustrated in GMP Transportation Element Map TR-6 as depicted in Appendix D: Transportation Element Map TR-6. In agreement with Policy 5.7 of the Transportation Element, the TCMA concurrency is measured on a system -wide basis such that each TCMA shall maintain 85% of its lane miles at or above the LOS standards. Based on the information contained in the 2022 AUIR, the East Central TCMA percent lane miles meeting standard is 100%. Refer to Appendix E: 2022 AUIR — TCMA Report — East Central TCMA. As illustrated in the Policy 5.8, transportation mitigation may be required when the proposed development will impact either a constrained roadway link and/or a deficient roadway link within a TCMA as determined in the most current Annual Update and Inventory Report (AUIR), by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lane miles indicated in Policy 5.7 of the GMP Transportation Element. Based on the traffic projections illustrated in Table 6, the impacted roadway network meets the Collier County transportation concurrency requirements. In addition, the TCMA concurrency (percent lane miles meeting standard) for the affected roadway segments is adequate. Policy 5.1 of the Collier County 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." Trebilcock Consulting Solutions, PA P a g e 1 12 Packet Pg. 388 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 Table 6: Roadway Link Level of Service (LOS) — with Project in the Year 2028 2028 Peak Roadway Min LOS Min LOS CC 2028 Peak /o Vol Dir, Peak ,Hr Link Peak exceeded exceeded Roadway AUIR Roadway Link Dir, Peak Hr Capacity Dir, Peak Hr without with Link Link ID Location Volume Impact by # Capacity (Project Vol w/Project** Project Project? Project? Volume Added)* Yes/No Yes/No Radio Lin to Davis Radio Road 71.0 1,800(WB) WB-40 820 2.2% No No Blvd Santa Barbara Radio Road 71.0 Blvd to 1,800(WB) WB — 27 807 1.5% No No Radio Ln Livingston Rd to Radio Road 70.0 Santa Barbara 1,800 (EB) EB-13 1,793 0.7% No No Blvd Santa Golden Gate Barbara 77.0 3,100 (NB) NB-7 2,388 0.2% No No Pkwy to Radio Rd Blvd Santa Radio Rd to Davis Barbara 78.0 3,100 (NB) N13-7 1,937 0.2% No No Blvd Blvd Radio Rd to Davis Blvd 16.2 3,300(WB) WB — 27 1,603 0.8% No No Collier Blvd Santa Barbara Davis Blvd 16.1 Blvd to 3,300(EB) EB —13 11011 0.4% No No Radio Rd Note(s): *Refer to Table 3 from this report. **2028 Projected Volume = 2028 background (refer to Table 4) + Project Volume added. Site Access Analysis The project proposes two full access driveway connections to Radio Lane. For more details refer to Appendix A: Project Master Site Plan. Collier County's roadway network is comprised of state, county, city and privately maintained roadways. Roadways are generally classified as Arterial, Collector or Local. Access management is the design of access between roadways and land development. It promotes the efficient and safe movement of people and goods by reducing conflicts on the roadway system. The latest adopted Access Management Policy for Collier County is depicted in Resolution No. 13-257, as amended. Radio Lane, which is classified as a local street, is the facility accessed directly by the project. This stretch of Radio Lane is a two-lane roadway with a striped median. Radio Lane, as a local street, is considered a class 7 facility. The minimum connection spacing is 125 feet from Resolution No. 13-257. In agreement with the provisions illustrated in the Collier County ROW Handbook, Standard Road Detail Sheet 6 of 26, the intersection corner clearance should provide a minimum length of 180 feet. A detailed operational analysis of the proposed site access points will be performed at the time of site development permitting/platting to evaluate any required access modifications. d U a� N O 0 2 c� 0 m m 0 N O 0 0 M N O N J IL LO 0 ti N v N L6 C O v .Q a 0 c m E z U 0 Q c a� E ca Q Trebilcock Consulting Solutions, PA P a g e 1 13 Packet Pg. 389 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 Improvement Analysis The concurrency analysis determined that the proposed project is not a significant and adverse traffic generator for the roadway network at this location. There is adequate and sufficient roadway capacity to accommodate the proposed development without adversely affecting adjacent roadway network level of service. The maximum total daily trip generation for the PUD shall not exceed 134 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. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project. Trebilcock Consulting Solutions, PA P a g e 1 14 Packet Pg. 390 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 Appendix A: Project Master Site Plan Trebilcock Consulting Solutions, PA n 1 15 Packet Pg. 391 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.2.e '. J m m L J D a U a� N 7 O 2 O m t0 O N O O O M N O N J IL O N T C O R v .Q a 0 E a E a Trebilcock Consulting Solutions, PA P a g e 1 16 Packet Pg. 392 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 Appendix B: Initial Meeting Checklist (Methodology Meeting) Trebilcock Consulting Solutions, PA P a g e 1 17 Packet Pg. 393 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply, or N/A (not applicable). Date: Mav 15. 2023_ Revised Mav 31. 2023 Time: N/A Location: N/A — Via Email d U People Attending: N Name, Organization, and Telephone Numbers O 2 1) Michael Sawyer, Collier County Growth Management Division (239) 252-2926 2) David Dratnol, TCS (239) 566-9551 O m Study Preparer: 00 m Preparer's Name and Title: David Dratnol, PE o Organization: Trebilcock Consulting Solutions, PA N c Address & Telephone Number: 2800 Davis Boulevard, Suite 200, Naples, FL 34104; ph M 239-566-9551 N 0 N Reviewer(s): J a Reviewer's Name & Title: Michael Sawyer, PE Organization & Telephone Number: Growth Management Division p 239-252-2926 ti N Applicant: Applicant's Name: Jessica Harrelson, AICP, Peninsula Engineering Address: 2600 Golden Gate Parkwav, Naples, FL 34105 LO Telephone Number: 239-406-6751 O Proposed Development: Name: The Boat House— PUDZ GMPA —v Location: At the corner of Radio Lane, Radio Road and Davis Boulevard, Collier County, Florida (refer to Figure 1). Q Land Use Type: Boat sales and service or other commercial ITE Code 9: Most comparable use for boat sales and service is LUC 842 Recreational Vehicle Sales per Institute of Transportation Engineers (ITE) Trip Generation Manual, E 1 lth Edition LUC 822 Strip Retail Plaza (<40K) for commercial. Description: The proposed development consists of a boat sales building and boat v �o maintenance building, totaling 20,000 square feet on a 3.5 acre parcel with allowance for Q C-3 permitted and conditional uses. Under the C-3 pennitted uses, the highest use is a strip ; retail plaza. The size of the strip retail plaza will be based on 10,000 sf per acre; totaling a� 35,000 sf. E t v ca Page 1 of 6 Q Trebilcock Consulting Solutions, PA n , T 1 18 Packet Pg. 394 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.2.e Figure 1— Project Location Map Zoniny Existing: C-3 Commercial Intermediate District Comprehensive plan recommendation: CC=3 Requested: GMPA-PUDZ, and retaining the C-3 nen fitted and conditional uses. Findings of the Preliminary Study: Since projected new net external AM or PM project traffic is more than 100 two-waypeak hour trips, this study_aualifies as a Major Study. The TIS shall be consistent with Collier Countv TIS Guidelines and Procedures. Proposed TIS will include trip generation, traffic distribution and assignments, significance test (based on 21/W2%/3% criteria). Trip Generation — ITE Trip Generation Manual, I Ith Edition and ITE Trip Generation Handbook, 3rd Edition. Internal capture is not considered. Pass -by is not considered for the analvsis of the boat sales and service, but is considered for the strip retail plaza. The TIS will determine if there is consistency with Policy 5.1 of the Transportation Element. The report will provide the existing Level of Service (LOS) and document the impact the proposed development will have on designated arterial and collector roads. Roadway concurrencv analysis — based on estimated new net external PM traffic. The analyzed development is not located within the Countv's Transportation Concurrence Exception Area (TCEA), but is located in the East Central Transportation Concurrency Management Area (TCMA). The TCEA and TCMA designations are provided in Policy 5.4 and 5.6 of the Transportation Element of the Growth Management Plan. Page 2 of 6 D d U a� N 7 O 2 cC O m t0 O N O O O M N O N J IL Q Trebilcock Consulting Solutions, PA n - T 1 19 Packet Pg. 395 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.2.e The project proposes two driveways to Radio Lane. Site access is evaluated based on the adopted Collier County Access Management Policy. Study Type: if not net increase, operational study) Small Scale TIS ❑ Minor TIS ❑ Major TIS Studv Area: Boundaries: Adjacent streets — Radio Road and Davis Boulevard Additional intersections to be analyzed: N/A Build Out Year: 2028 Planning Horizon Year: 2028 Analysis Time Period(s): AM/PM Peak Hour Future Off -Site Developments: N/A Source of Trip Generation Rates: ITE Trip Generation Manual (TGM), 11" Edition Reductions in Trip Generation Rates: None: N/A Pass -by trips: N/A Internal trips: N/A Transit use: N/A Other: N/A Horizon Year Roadway Network Improvements: 2028 Methodology & Assumptions: Non -site traffic estimates: Collier County traffic counts and 2022 AUIR. Site -trip generation: OTISS — ITE TGM, 10' Edition. Trip distribution method: knowledge of the area and engineering judgement — refer to Figure 2. Traffic assignment method: Project trip generation with background growth. Traffic growth rate: Historical growth rate or 2% minimum. Turning movements: Preliminary site access turning movements. Page 3 of 6 Trebilcock Consulting Solutions, PA n 1 20 Packet Pg. 396 The Boat House SSGMPA and PUDZ TIS —June 2023 Figure 2 — Project Trip distribution by Percentage Page 4 of 6 Trebilcock Consulting Solutions, PA P a g e 1 21 1 Packet Pg. 397 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.2.e Special Features: from preliminary study or prior experience) Accident locations: N/A Sight distance: N/A Queuing: N/A Access location & configuration: N/A Traffic control: MUTCD Signal system location & progression needs: N/A On -site parking needs: N/A Data Sources: Collier County traffic counts and 2022 AUIR. Base maps: N/A Prior study reports: N/A Access policy and jurisdiction: N/A Review process: N/A Requirements: N/A Miscellaneous: N/A Small Scale Study —No Fee Minor Study - $750.00 Major Study - $1,500.00 X Methodology Fee $500.00 X Includes 0 intersections Additional Intersections - $500.00 each Allfees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. SIGNATURES T:'aVW T)Y6itK'01 Study Preparer David Dratnol Reviewer(s) Applicant Page 5 of 6 Trebilcock Consulting Solutions, PA n 1 22 Packet Pg. 398 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.2.e Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodology Review - S500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re -submitted, amended methodology statement, and one meeting in Collier County, if needed. "Small Scale Studv" Review - No Additional Fee (Includes one sufficiencv review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation, distribution and maximum threshold compliance. "Minor Studv Review" - $750 Fee (Includes one sufficiencv review) Review of the submitted traffic analysis includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, 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" comments/questions. "Major Studv Review" - $1,500 Fee (Includes two intersection analysis and two sufficiencv reviews Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The 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 "Major Study Review" "Additional Suffrcieney Reviews" - $500 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 n 1 23 Packet Pg. 399 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 Appendix C: Trip Generation Calculations ITE 11th Edition Trebilcock Consulting Solutions, PA P a g e 1 24 Packet Pg. 400 The Boat House SSGMPA and PUDZ TIS —June 2023 Land Use: 842 Recreational Vehicle Sales Description, A recreational vehicle (RV) sales dealership is a free-standinq facility that specializes in the sales of new Ws. Recreational vehicle services, parts and accessories sales, and substantial used RV sales may also be available- Some RV dealerships may also include boat sales and servicing. Automobile sales (new) (Land i Use 840) and automobile sales (used) (Land Use 841 j are related uses. Additional Data The technical appendices provide supporting information on time -of -day distributions for this land use. I he appendices can be accessed through either the ITETripGen web app or the trip generation resource page on the ITE website (http.s://www-lte:p9.�technical-resources/topies/trip- ... .................. ..................................... I .............. and-oa,rkinci-cieneration ....... : .......... 0- The sites were surveyed in the 20009 and the 2010s in Florida and 'Texas.. Source Numbers 7211,881 RW—= General urban/Suburban and Ruri3l (Land Oses800-009) 231 Trebilcock Consulting Solutions, PA P a g r 1 25 1 Packet Pg. 401 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.2.e Land Use: 822 Strip Retail Plaza (<40 Description A strip retail plaza is an integrated group of commercial establishments that is planned, developed, owned, and managed as a unit. Lach study site in this land use has less than 40,000 square feet of gross leasable area (GLA). Because a strip retail plaza is open-air, the GLA is the same as the grass floor area of the building_ The 40,000 square feet 6FA threshold between strip retail plaza and shopping plaza (Land Use 621) was selected based on an examination of the overall shopping center/plaza database_ No shopping plaza with a supermarket as its anchor is smaller than 40,000 square feet GLA. Shopping center (>150k) (Land use 820), shopping plaza (40-150k) (Land Use 621), and factory outlet center (Land Use 623) are related uses_ Additicnal Data he technical appendices provide supporting information on time -of -day distributions for this land use. 1 he appendices can be accessed through elther the ITETripGen web app or the trig generation resource page on the I'fE website )htt.....ps:..flw.ww.ii.e.......o g/technicaI-resources/topics{trip- .................................................................... and-p ar ki n�-� a nera ki onl�_ The sites were surveyed in the 1900s, the 1990s, the 2000s, and the 2010s in Alberta (CAN), California, Delaware, Florida, New Jersey, Ontario (CAN), South Dakota, Vermont, Washington, and Wisconsin. Source Numbers 304, 358. 423, 428. 437, 507. 715, 728. 936. 960, 961. 974, 1009 229 Trip 8,@n 4alioi5 Manual 111h Edition .Volurtl� 5 Trebilcock Consulting Solutions, PA P a g r 126 Packet Pg. 402 (andO asnoH W08 `890Z000CZOZ-ld : SOLLZ) VZ-9-6 uoijeaijddV-Q juauayaejjV :juauayoe41d The Boat House SSGMPA and PUDZ TIS —June 2023 w w ENM■ I I ®■ ■I12I�amplumm 11111 NONE .I kii��l I . F11M ^ 1 F-A&A Q Trebilcock Consulting Solutions, PA Page 127 (andO asnoH W08 `890Z000CZOZ-ld : SOLLZ) VZ-9-6 uoijeoijddV-Q juauayoejjV :juauayoejjd The Boat House SSGMPA and PUDZ TIS —June 2023 II L hi Trebilcock Consulting Solutions, PA Page 128 (anda esnoH;eoB `990Z000£ZOZ-ld : 50LLZ) tq-9-L uoi;eoijddy-a }uewt4oe;;d :;uauayoe};d N Q The Boat House SSGMPA and PUDZ TIS —June 2023 CT; i] H Trebilcock Consulting Solutions, PA P a g e 129 (andO asnoH W08 `890Z000CZOZ-ld SOLLZ) VZ-9-6 uoijeaijddV-Q juauayaejjV :juauayoe41d N � Q The Boat House SSGMPA and PUDZ TIS —June 2023 � a Y V f0 a a N M M N O N Ln m U v 0 4 0 m m N 9 O .'I Ir z Ln f Z V - W v o ¢ W _ - cm N 3 W m ? m Trebilcock Consulting Solutions, PA P a g e 130 (andO asnoH W08 `890Z000CZOZ-ld SOLLZ) VZ-9-6 uoijeaijddV-Q juauayaejjV :juauayoe41d ti N � Q The Boat House SSGMPA and PUDZ TIS —June 2023 � (L Y V f0 a IE 1 �.D to I Ala of �° M M N O N N o jJil, 7 O L to C z , � z s V) G a a U � - - a.n F z m > > _ N Trebilcock Consulting Solutions, PA P a g e 131 (andO asnoH W08 `890Z000CZOZ-ld SOLLZ) VZ-9-6 uoijeaijddV-Q juauayaejjV :juauayoe41d 00 N G Q The Boat House SSGMPA and PUDZ TIS —June 2023 � a Y V f0 a a C ,O a U V o � O ¢` 9 - H m s N N F O g o 0 F N � _ N z a 3 m in t s v C7 Trebilcock Consulting Solutions, PA P a g e 132 (andO asnoH W08 `890Z000CZOZ-ld SOLLZ) VZ-9-6 uoijeaijddV-Q juauayaejjV :juauayoe41d a, N � Q The Boat House SSGMPA and PUDZ TIS —June 2023 � a Y V f0 a a N M M N O N Ln m U v 0 4 0 m m �11 A �11 A c 0 .4� O Ln W C U Y 0 0 LJ a H N 9 O d Ln Ln O CD Qj a L v c v C7 Trebilcock Consulting Solutions, PA P a g e 133 (andO asnoH W08 `890Z000CZOZ-ld SOLLZ) VZ-9-6 uoijeaijddV-Q juauayaejjV :juauayoe41d c N � Q The Boat House SSGMPA and PUDZ TIS —June 2023 a Y V f0 (L a c ,0 7 O b T 3 a�u U O U _ O I x 8 z z s Q 0- m ? m Trebilcock Consulting Solutions, PA P a g e 134 (andO asnoH W08 `890Z000CZOZ-ld SOLLZ) VZ-9-6 uoijeaijddV-Q juauayaejjV :juGwLj3ejjd N � Q The Boat House SSGMPA and PUDZ TIS —June 2023 a Y V f0 a a m N M M N O N Ln m U v 0 0 0 m m H N 9 O d Ln Ln H O } m a L v c v C7 Trebilcock Consulting Solutions, PA P a g e 135 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 Appendix D: Transportation Element Map TR-6 Trebilcock Consulting Solutions, PA n 1 36 Packet Pg. 412 The Boat House SSGMPA and PUDZ TIS —June 2023 9.A.2.e 0 r x L LID R ra 0 W_ •'�. _ w - Lij r � as N�1SNIA1, �� JNI„fkd 1JOdLifb' -1 �� r �ffli 14iMp CILFMM iJ Trebilcock Consulting Solutions, PA P a g r 137 Packet Pg. 413 9.A.2.e The Boat House SSGMPA and PUDZ TIS —June 2023 Appendix E: 2022 AUIR - TCMA Report - East Central TCMA Trebilcock Consulting Solutions, PA P a g e 1 38 Packet Pg. 414 The Boat House SSGMPA and PUDZ TIS —June 2023 (3D,",dInV69MOOZZOZ7J :16VCZb zz-t-c I - jrjj ai-IdLUOO aInVZZOZ :jUaLU143IeUV 13 1 1 11, 111 1 1 Trebilcock Consulting Solutions, PA P a g e 1 39 1 Packet Pg. 415 9.A.2.e THE BOAT HOUSE PARCEL 4 Environmental Data for PUDZ/GMPA y SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST { COLLIER COUNTY, FLORIDA Prepared For: Collier County Growth Management Division Qr Collier County 2800 North Horseshoe Drive Naples, FL 34104 Prepared By: Earth Tech Environmental, LLC �` 10600 Jolea Avenue '► r Bonita Springs, FL 34135 * ECH 239.304.0030 '► EARiRON www.eteflorida.com May 2023 Packet Pg. 416 9.A.2.e Environmental Data for PUDZ/GMPA EXHIBITS Figure 1 Location Map Figure 2 Aerial with FLUCCS Map Figure 3 Site Plan APPENDICES APPENDIX A Earth Tech Environmental Staff Qualifications APPENDIX B Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 417 9.A.2.e Environmental Data for PUDZ/GMPA INTRODUCTION The purpose of this document is to satisfy the Environmental Data requirements (LDC Section 3.08.00) for a Planned Unit Development Zoning (PUDZ) and GMPA (Growth Management Plan Amendment) for the parcel referred to as The Boat House Parcel (Subject Property). This information is in response to the items in the PUDZ/ GMPA Pre -Application Notes as provided by Collier County. PROPERTY LOCATION The Subject Property for this report consists of two parcels (Folios: 00399200003, 00399320006) located off the north corner of Davis Boulevard and Radio Road in Collier County, Florida. According to the Collier County Property Appraiser GIS data, the Subject Property totals approximately 3.51 acres. See Figure 1 below for a location map. Figure 1. Location Map Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 418 9.A.2.e Environmental Data for PUDZ/GMPA ENVIRONMENTAL DATA CHECKLIST See page 3.A.3 of Collier County Pre-App Notes 1. Provide the EIS fee if PUD or CU. If applicable, see enclosed fee included with application. 2. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. This report was prepared by Earth Tech Environmental LLC. See Appendix A for staff qualifications 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. See Figure Z Aerial with FLUCCS Map and vegetation descriptions below. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 419 9.A.2.e Environmental Data for PUDZ/GMPA E Z - t'+► i mzId CsI m, Ce v,co<m boundary O Subject Property om:�<e rrom co �<. <o�mv v,on<.n ann,. �, 2. Al' acre .'ar<aForoximatt. FLUCCS Mapping 50 goov200 411-E2, Pine Flatwoods (26-50% Exotics) 624-E2, Cypress - Pine - Cabbage Palm (26-50% Exotics) Figure 2. Aerial FLUCCS Map FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics) This community is found in the majority of the Subject Property. The canopy consists of slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), and *earleaf acacia (Acacia auriculiformis). Mid -story consists of saw palmetto (Serenoa repens), cabbage palm, laurel oak, *java plum (Syzygium cumini) and *Brazilian pepper (Schinus terebinthifolia). Ground cover consists of slash pine recruitment, bracken fern (Pteridium aquilinum), common ragweed (Ambrosia artemisiifolia), *Caesarweed (Urena lobata) and *shrubby false button weed (Spermacoce verticillate). Vines are present throughout the property in relatively low densities and include grapevine (Vitus rotundifolia), eastern poison ivy (Toxicodendron radicans), and greenbrier (Smilax spp.). FLUCCS 624-E2, Cypress — Pine — Cabbage Palm (26-50% Exotics) This community is found in the southern corner of the Subject Property. The canopy consists of slash pine, cabbage palm, bald cypress (Taxodium distichum), laurel oak (Quercus laurifolia), and *melaleuca (Melaleuca quinquenervia). Mid -story consists of coca plum (Chrysobalanus icaco), saw palmetto, cabbage palm, laurel oak, and *Brazilian pepper. Ground cover was void of vegetation. Vines are present throughout the property in relatively low densities and include grapevine, eastern poison ivy, and greenbrier. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 420 9.A.2.e Environmental Data for PUDZ/GMPA 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. Not applicable, the Subject Property does not contain more than five (5) or more acres of wetlands 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. The project will be permitted through the SFWMD once the PUDZ/GMPA is approved. The specifics of the water management system will be determined at that time. 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 FLU CFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. See Master Plan. 7. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed, or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered A Protected Species Survey was conducted in April 2023. See Appendix B for Protected Species Survey s. Provide a survey for listed plants identified in 3.04.03 See Protected Species Survey in Appendix B. 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 FLU CFCS 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. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 421 9.A.2.e Environmental Data for PUDZ/GMPA No bald eagles' nest has been documented from FWC nor observed during the Protected Species Survey. Species specific management plans, if needed, will be provided during permitting. See Protected Species Survey in Appendix B. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25-year rezone limitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10-year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. Not applicable, the Subject Property has not been cleared of native vegetation nor is in agricultural operation. 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 FLU CFCS 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 flow ways or other natural land features, located on abutting properties. See Figure 2 above. Total acres: 3.51 acres Existing Native Vegetation Present (Based on FLUCCS) = 3.51 acres Preserve Required = 3.51 acres x 10% = 0.35 acres Proposed Preserve Provided = 0.36 acres The proposed preserve is 0.36 acres, which reaches the required amount based on the criteria pursuant to 3.05.07. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 422 Environmental Data for PUDZ/GMPA 9.A.2.e RADIO LN Figure 3. Site Plan Property tails )isplay Area / ipe Buffer Pavement d° P�\5O IVI Preserve O 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. See Master Plan. 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. Not applicable — preserve will be on site. 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. ETE is not aware of any additional environmental audits. 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 Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 423 9.A.2.e Environmental Data for PUDZ/GMPA gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as pali 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. Not applicable. 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. Not applicable. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. Not applicable. 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. Not applicable. 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. Not applicable. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 424 9.A.2.e Environmental Data for PUDZ/GMPA 20. Demonstrate that the design of the proposed storm water management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. The project will be permitted through the SFWMD once the PUDZ/GMPA is approved. The specifics of the water management system will be determined at that time. 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. Not applicable. 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. Not applicable. 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. Not applicable. 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. See Master Plan. b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. CCME GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: Protect native vegetative communities through the application of minimum preservation requirements... Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 425 9.A.2.e Environmental Data for PUDZ/GMPA The required preserve area is 10% of existing native vegetation (see response #11 above), which will be designated in the northwestern corner of the Subject Property. See Figure 3 above for proposed preserve location. CCME GOAL 7: TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: Direct incompatible land uses are directed away from listed species and their habitats A listed species survey was conducted on the Subject Property in April 2023, with no evidence of listed species. The Subject Property is largely isolated and surrounded by development, minimizing the chances of utilization by listed species. See Appendix B for the Protected Species Survey and Comment 6 above. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. See #24b above. 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. Onsite wetlands are isolated and are of low quality. The wetlands will be impacted and recreated onsite. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. A pre -clearing survey will be conducted prior to construction to minimize wildlife impacts. 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. See this report and attached appendices. 26. Is EAC Review (by CCPC) required? No applicable. 27. PUD master plan or PPL/SDP site plan notes: Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 426 9.A.2.e Environmental Data for PUDZ/GMPA See Master Plan. 28. Additional Comments None. 29. Stipulations for approval (Conditions) None. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 427 9.A.2.e Environmental Data for PUDZ/GMPA ENVIRONMENTAL CHECKLIST- PUDZ-PUDA (NON-RFMU) See page 3.A.7 of Collier County Pre-App Notes 1. Is the project 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 The project will be a PUDZ/GMPA and will be in compliance with zoning. 2. Submit a current aerial photograph 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.I. Application Contents #24). FLUCFCS Overlay — P627 See # 3 and Figure 2 above. 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 See #11 above, Figure 3, and see Master Plan. 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.1.d-e). Preserve Calculation — P547 See #11 above. 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve Width — P603 See Master Plan. The proposed preserve is a minimum of 20' wide as required by the LDC. 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 The Subject Property is bordered by roads and development on all sides. The habitat type on the site is consistent throughout. Onsite wetlands are isolated and are of low quality. The wetlands will be impacted and recreated onsite and placed in preservation. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 428 9.A.2.e Environmental Data for PUDZ/GMPA 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 Appropriate buffers have been acknowledged. See Master Plan. 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 A wildlife survey has been conducted in April 2023. Please see Appendix B. 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 — P522 See #2 above, and Earth Tech Environmental Staff Qualifications document in Appendix A. 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 See Master Plan. 11. If the PUD includes a Preserve Tract section When listing preserve uses, the following is suggested: A. Principal Use: Preserve; B. Accessory Uses: All other uses (list as applicable or refer to the LDC - see 1-3 below as typical uses listed by agents) (ensure the text states "subject to LDC section related to Allowable uses within County required preserves" Acknowledged. 12. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. The Subject Property is largely isolated and surrounded by development, minimizing the chances of utilization by listed species. No signs of listed species were observed on the property. See Protected Species Survey in Appendix B. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 429 9.A.2.e Environmental Data for PUDZ/GMPA 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? Cross sections will be provided in future applications as part of engineering submittals. CCME GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: Protect native vegetative communities through the application of minimum preservation requirements... See #24b above. CCME GOAL 7: TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: Direct incompatible land uses are directed away from listed species and their habitats... The Subject Property is largely isolated and surrounded by development, minimizing the chances of utilization by listed species. No evidence of listed species was observed on the Subject Property. See #24b above Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 430 9.A.2.e Environmental Data for PUDZ/GMPA Earth Tech Environmental Staff Qualifications i d U a� N 7 O 2 ca O m 0 CD O N O O O M N O N J IL LO O N N T C O R v .Q a 0 CID M a C E a Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 431 9.A.2.e Mr. McAuley joined Earth Tech Environmental, LLC (ETE) in 2017 and brings with him 8 years of experience working as a Hydrogeologist II and Environmental Consultant in New r ! York State prior to moving to Florida. Andrew graduated from Hofstra University with a JF1 Bachelor of Science Degree in Geology. Since joining ETE he has been able to apply his past experience from New York on a variety of projects as well as become extensively ►\ familiar with Ecological based assessments and agency regulations. Relevant Experience Andrew's extensive background includes Phase I Environmental Site Assessments (ESAs), Phase 11 ESAs, Phase III remedial oversight, AST/UST removal, Soil/Groundwater/Indoor t' Air Quality sampling reporting, Mold/Lead/Asbestos sampling and remedial protocol reporting. In New York Andrew has overseen various projects including Brownfields sites, Landfill Gas Extraction System installation, Monitoring Well/Remediation System i) Installation/Maintenance, and multiple Chem ical/Petroleum/Bio-Hazard Waste Cleanup projects. ANDREW MCAULEY Senior Environmental Consultant e: andrewm@eteflorida.com t: 239.304.0030 m: 516.647.9699 Years' Experience 12 years Education/Training B.S. Geology Hofstra University (2006) Lamont -Doherty Earth Observatory Intern Columbia University (2004) Professional Affiliations Florida Association of Environmental Professionals (FAEP) Since joining ETE Andrew has expanded his experience into Ecological Assessments such as Protected Species Surveys, Wetland Determinations, Vegetation/Hydrology Monitoring, Submerged Resource Surveys, and Environmental Resource Permitting. Andrew's work experience includes: Phase I ESAs Phase II ESA Sampling/Reporting Phase III Remedial Oversight/Reporting Project Management/Coordination Wetland Jurisdictional Determinations Wetland Mapping/Flagging Chemical/Petroleum/Bio-Hazard Cleanup Vegetation Monitoring Monitoring Well Installation/Maintenance Protected Species Surveys Air-Sparge/Soil Vapor Extraction Systems Bonneted Bat Surveys Groundwater Assessments Indoor Air Quality Assessments Contaminated Soil Assessments Waste Classification Management Turbidity Monitoring Mold/Lead/Asbestos Assessments AST/UST Removal Mangrove Monitoring Gopher Tortoise Surveys GIS Mapping Bald Eagle Monitoring Ecological Assessments Environmental Resource Permitting Exotic Plant Treatment/Removal Submerged Resource Surveys Seagrass Surveys Relevant Certifications/Credentials SDI Open Water SCUBA Diver, SCUBAdventures, 2018 Nitrox Certified Diver, SCUBAdventures, 2018 Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent (Permit No: GTA-19-00093) A N EARTH TECH ENVIRONMENTAL 239.304.0030 1 www.eteflorida.com Packet Pg. 432 9.A.2.e CONOR GOULDING Environmental Consultant e: conorg@eteflorida.com t: 239.304.0030 m: 239.331.0168 Years' Experience 4 years Mangrove Monitoring Artificial Reef Deployments Education/Training Seagrass Monitoring Drone Mapping and Photography Mr. Gouldingjoined Earth Tech Environmental LLC (ETE) in April 2019 and holds the position of Environmental Consultant. He graduated from Virginia Tech with a Bachelor of Science degree in Natural Resource Conservation. Relevant Experience Conor's familiarity with southwest Florida ecosystems encompasses estuarine and marine ecosystems. Before ETE, Conor worked at Mote Marine Laboratory as the in-house photographer, who maintained the research institutes photo archives and produced photos for marketing and research purposes. He also assisted in projects such as snook tagging, spotted eagle ray tagging, and whale shark identification photography. Conor was originally hired at ETE as a GIS Technician, where he created various exhibits, including tracking maps, FLUCCS maps, and site plans. Since joining ETE, Conor has gained valuable experience in a multitude of fields in both terrestrial and marine ecosystems, which includes protected species surveys, ecological assessments, wetland determinations and delineations, vegetation monitoring, bald eagle monitoring, crested caracara surveying, environmental resource permitting, artificial reef fish monitoring, submerged resource surveys, and turbidity monitoring. Conor has also become a certified drone pilot to conduct vegetation monitoring, bird rookery monitoring, and time -lapses for site development. Conor has also become an Authorized Gopher Tortoise Agent in the designated activities of gopher tortoise surveying, gopher tortoise capture, and transportation of gopher tortoises. B.S. Natural Resource Conservation Virginia Tech (2014) Software Experience ArcGIS Adobe Lightroom Adobe Photoshop Adobe InDesign Geo Tremble 7x Professional Affiliations Florida Association of Environmental Professionals (FAEP) Conor's work experience includes: Protected Species Surveys Shorebird Monitoring Artificial Reef Fish Monitoring Submerged Resource Surveys Site and Aerial Photography Seagrass Surveys Preserve Monitoring Georeferencing Imagery GIS / GPS Mapping and Exhibits Vegetation & Habitat Monitoring Crested Caracara Surveying Gopher Tortoise Surveys Wetland Determinations Native Tree Surveys / Inventories Urban Forest Mapping Turbidity Monitoring Bald Eagle Monitoring Gopher Tortoise Permitting Relevant Certifications/Credentials SSI Advanced/ Rescue Diver, SCUBAdventures, 2014 Nitrox Certified Diver, SCUBAdventures, 2014 Remote Pilot — Small Unmanned Aircraft System Certification, FAA, 2020 BoatU.S. Foundation's Online Boating Safety Course, 2021 Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent (Permit No: 22-00058) 41� EARTH TECH ENVIRONMENTAL 239.304.0030 1 www.eteflorida.com Packet Pg. 433 9.A.2.e Environmental Data for PUDZ/GMPA APPENDIX B Protected Species Survey i d U a� N 7 O 2 ca O m 0 CD O N O O 0 M N O N J a LO O ti N N T C O R v .Q a 0 E M a C E a Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 434 9.A.2.e THE BOAT HOUSE PARCEL PROTECTED SPECIES SURVEY SECTION 3, TOWNSHIP 50, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Peninsula Engineering 2600 Golden Gate Parkway Naples, FL 34105 Prepared By: Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 EARTH TECH 239.304.0030 ENVIRONMENTAL www.eteflorida.com April 2023 Packet Pg. 435 9.A.2.e Protected Species Survey TABLE OF CONTENTS 1.0 INTRODUCTION....................................................................................................................................... 3 2.0 LOCATION................................................................................................................................................ 3 3.0 SPECIES SURVEY MATERIALS & METHODS.............................................................................................4 4.0 EXISTING SITE CONDITIONS....................................................................................................................4 5.0 RESULTS...................................................................................................................................................9 6.0 REFERENCES..........................................................................................................................................16 EXHIBITS Figure 1 Site Location Map Figure 2 Aerial Map Figure 3 FLUCCS Map with Aerial Figure 4 FLUCCS Map Figure 5 Transect & Field Results Map Figure 6 Bald Eagle Information Figure 7 Florida Bonneted Bat Consultation Area Figure 8 Florida Panther Information Figure 9 Florida Black Bear Information Figure 10 Wood Stork Information Earth Tech Environmental, LLC www.eteflorida.com n a U a� y 7 O 2 O m C cc O N O O O M N O N J d LO O ti ti N v N u2 c O CU Q a Q c aD E t r r Q r c a� E R a Packet Pg. 436 Protected Species Survey 9.A.2.e 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted a Protected Species Survey (PSS) to search for listed species on the property referred to as The Boat House Parcel (Subject Property). This assessment was conducted by ETE ecologists on April 261", 2023. The purpose of this assessment was to evaluate the Subject Property for the potential presence of listed species of concern based on the determined Florida Land Use Cover and Forms Classification System (FLUCCS) vegetation. ETE warrants that the findings contained in this report have been prepared in general conformance with current professional practices at the time of report preparation and have not been verified by regulatory agencies. Future changes in standards, practices, or regulations cannot be anticipated and have not been addressed. The observations and recommendations presented in this report are time -dependent and the findings presented in this report apply solely to site conditions existing at the time when the assessment was performed. 2.0 LOCATION The Subject Property for this report consists of two parcels (Folios: 00399200003, 00399320006) located off the north corner of Davis Boulevard and Radio Road in Collier County, Florida. According to the Collier County Property Appraiser GIS data, the Subject Property totals approximately 3.51 acres. See Figure 1 below for a location map. 0.1 Figure 1. Site Location Map Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 437 9.A.2.e Protected Species Survey 3.0 SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida." This methodology is as follows: Existing vegetation communities or land -uses on the Subject Property are delineated on a recent aerial photograph (Collier County 2022) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in Figures 3-4. The resulting FLUCCS codes are cross-referenced with a list of protected plant and animal species. The lists were obtained from two agency publications: ❖ "Florida's Endangered Species, Threatened Species & Species of Special Concern -Official Lists", December 2022. ❖ "Notes on Florida's Endangered and Threatened Plants", Bureau of Entomology, Nematology and Plant Pathology, Florida Department of Agriculture and Consumer Services, 2010. The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See Table 3 of this report for the species list that applies to the FLUCCS communities associated with the Subject Property. In the field, each FLUCCS community was searched for listed species or signs of listed species. This was accomplished by walking a series of pedestrian transects through the Subject Property to achieve approximately 80% coverage. Signs or sightings of all listed and non -listed species were then recorded. Based on the habitat types found on the Subject Property (see Table 2), particular attention was paid to the presence or absence of gopher tortoise, Big Cypress fox squirrel and Florida bonneted bat cavities. If a potentially occupied burrow, nest, or tree cavity was observed, it was flagged, numbered, and marked with GPS coordinates. Florida black bear and Florida panther were also considered. Approximately three (3) hours were logged on the Subject Property in total during this species survey (see Table 1). TABLE 1. FIELD TIME SPENT ON THE SUBJECT PROPERTY Date Start Time End Time No. Ecologists Man Hours Task April 26, 2023 10:30am 12:00pm 2 3 Protected Species Survey 4.0 EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were in the mid 80's with partly cloudy skies. The Subject Property is currently vacant and consists of an upland community that takes up most of the property, and a wetland community in the southern corner. Due to the development surrounding the Subject Property, development runoff, and lower elevation in the southern portion of the property, water looks to pool in the southern area. The entire property consists of moderate exotic vegetation throughout. The entirety of the property is enclosed by Radio Lane, Radio Road, and Davis Boulevard, with a gas station bordering the eastern boundary. See Figure 2 below for an Aerial Map. Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 438 Protected Species Survey 9.A.2.e The Subject Property has the following surrounding land uses: North Radio Lane / Residential East Davis Boulevard / Radio Lane / Commercial South Davis Boulevard / Undeveloped West Radio Road / Commercial L � ounry Property Appraker L All g pprovlma[e AO Subject Property ►f Figure 2. Aerial Map Listed below are the FLUCCS communities identified on the site. The community descriptions correspond to the mappings on the FLUCCS maps below (Figures 3 & 4). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. The Florida Invasive Species Council's (FISC) list of invasive species contain Category I and Category II species that may be found on the Subject Property. Category I species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives (FISC). Category II species are invasive exotics that are increasing in abundance or frequency but have not yet altered Florida plant communities (FISC). A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper, ear leaf acacia, melaleuca, Caesarweed, and air potato. Levels of exotic density were mapped using field observations and photo interpretation as shown in Figure 3. Modifiers, or "E" designators, are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy and/or sub - canopy. Earth Tech Environmental, LLC www.eteflorida.com 5 Packet Pg. 439 Protected Species Survey 9.A.2.e The following table is a summary of FLUCCS communities and corresponding acreages: TABLE 2. FLUCCS COMMUNITIES AND CORRESPONDING ACREAGES FLUCCS CODE DESCRIPTION ACREAGE 411-E2 Pine Flatwoods (26-50% Exotics) 3.03 624-E2 Cypress — Pine — Cabbage Palm (26-50% Exotics) 0.48 Site Total: 3.51 Z, r 1, zozasania.o,vpem eoa�a.,ry K��.'�� Subject Property oe� �ear�gm� e, v nn,a�se. „y FLUCCS Mapping so PaaP.a , 200 �'��� 411-E2, Pine Flatwoods (26-50 % Exotics) 624-E2, Cypress - Pine - Cabbage Palm (26-50% Exotics) Earth Tech Environmental, LLC Figure 3. FLUCCS Map with Aerial www.eteflorida.com 6 Packet Pg. 440 Protected Species Survey 9.A.2.e RADIO LN pAy - eo arm Colle'Co�n�r!P'apehv Aopr.i:er 0 Subject Property FLUCCS Mapping 0 50 100 200 411-E2, Pine Flatwoods (26-50% Exotics) 624-E2, Cypress - Pine - Cabbage Palm (26-50% Exotics) Feet Figure 4. FLUCCS Map * = Exotic vegetation species FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics) This community is found on the majority of the Subject Property. The canopy consists of slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), and *earleaf acacia (Acacia auriculiformis). Mid -story consists of saw palmetto (Serencia repens), cabbage palm, laurel oak, *java plum (Syzygium cumini) and *Brazilian pepper (Schinus terebinthifolia). Ground cover consists of slash pine recruitment, bracken fern (Pteridium aquilinum), common ragweed (Ambrosia artemisiifolia), *Caesarweed (Urena lobata) and *shrubby false buttonweed (Spermacoce verticillate). Vines are present throughout the community in relatively low densities and include grapevine (Vitus rotundifolia), eastern poison ivy (Toxicodendron radicans), and greenbrier (Smilaxspp.). FLUCCS 624-E2, Cypress — Pine — Cabbage Palm (26-50% Exotics) This community is found in the southern corner of the Subject Property. The canopy consists of slash pine, cabbage palm, bald cypress (Taxodium distichum), laurel oak (Quercus laurifolia), and *melaleuca (Melaleuca quinquenervia). Mid -story consists of coco plum (Chrysobalanus icaco), saw palmetto, cabbage palm, laurel oak, and *Brazilian pepper. Ground cover is near void of vegetation. Vines are present throughout the community in relatively low densities and include grapevine, eastern poison ivy, and greenbrier. Earth Tech Environmental, LLC www.eteflorida.com 7 Packet Pg. 441 9.A.2.e Protected Species Survey TABLE 3. PROTECTED SPECIES LIST ACCORDING TO FLUCCS COMMUNITY FLUCCS CODE POTENTIAL LISTED SPECIES SCIENTIFIC NAME DESIGNATED STATUS FWC or FDA FWS 411 Bald Eagle Haliaeetus leucocephalus SSC SSC Beautiful False Pawpaw Asimina pulchella E E Big Cypress Fox Squirrel Sciurus niger avicennia T Eastern Indigo Snake Drymorchon corais couperi T T Fakahatchee Burmannia Burmannia flava E Florida Bonneted Bat Eumops floridanus E E Florida Coontie Zomia spp. (all native species) C Florida Panther Felis concolor coryi E E Florida Pine Snake Pituophis melanoleucus mugitus T Gopher Tortoise Gopherus polyphemus T Red -Cockaded Woodpecker Picoides borealis E E Satinleaf Chrysophyllum oliviforme T Southeastern American Kestrel Falco sparverius poulus T Twisted Air Plant Tillandsio flexuosa T 624 American Alligator Alligator mississippiensis SSC T(S/A) Big Cypress Fox Squirrel Sciurus niger avicennia T Everglades Mink Neovison vison evergladensis T Florida Bonneted Bat Eumops floridanus E E Florida Panther Felis concolor coryi E E Little Blue Heron Egretta caerulea T Tricolored Heron Egretta tricolor T Wood Stork Mycteria americana T T Abbreviations Agencies: Status: FDA CS = Florida Department of Agriculture and Consumer Services CE = Commercially Exploited FWC = Florida Fish & Wildlife Conservation Commission E = Endangered FWS = United States Fish and Wildlife Service SSC = Species of Special Concern T = Threatened T(S/A) = Threatened/Similarity of Appearance Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 442 9.A.2.e Protected Species Survey 5.0 RESULTS All relevant species observed on the Subject Property are detailed in Table 4 and any protected species observed are specifically noted. See Figure 5 for field results. Figure 5. Transect Map & Field Results Earth Tech Environmental, LLC www.eteflorida.com Packet Pg. 443 Protected Species Survey 9.A.2.e TABLE 4. SPECIES OBSERVED ON THE SUBJECT PROPERTY COMMON NAME SCIENTIFIC NAME OBSERVATIONS LISTED SPECIES? STATUS REPTILES Brown anole Anolis sagrei DV N MAMMALS Nine -banded armadillo Dasypus novemcinctus OH N PLANTS Common Wild Pine Tillandsia fasciculata DV Y ST Northern Needleleaf Tillandsia balbisiana DV Y ST = protected species Observations: Status: DV = Direct Visual ST = State Threatened OH = Observed Hole/Burrow Below are discussions of each listed species observed on the Subject Property: Common Wild Pine (Tillandsia fasciculata) and Northern Needleleaf (Tillandsia balbisiana) Common wild pine and Northern needleleaf were observed on the Subject Property. Plants that fit within the criteria of the LDC Section 03.04.03, where the individual plants are within eight (8) feet of the ground, will be relocated to on -site (or off -site) preserves. When available, only two (2) plants per species per acre of plants listed as Less Rare are required to be relocated, with up to a maximum of ten (10) plants per species per preserve. The Subject Property does have community types in which protected species could reside. During permitting, the following protected species concerns may be raised by the agencies: Earth Tech Environmental, LLC www.eteflorida.com 10 Packet Pg. 444 Protected Species Survey 9.A.2.e Figure 6. Bald Eagle Information Bald Eagle (Haliaeetus leucocephalus) No Florida Fish & Wildlife Conservation Commission (FWC)-documented bald eagle nests have been documented within 660-feet (USFWS Protection Zone) of the Subject Property and no nests were observed on the site (see Figure 6). Technical assistance with the United States Fish & Wildlife Service (USFWS) will likely not be necessary for bald eagle. Earth Tech Environmental, LLC www.eteflorida.com 11 Packet Pg. 445 Protected Species Survey 9.A.2.e PINE RIDGE RE)— 3>�CE P� G GOL9EN — 1 � --i RADIO RD m DAVIS BLVD I Qsuo�ecl Praperry �2019 VSFWa fB6 Gansultahan Fraa - �1019 VSFW3 FEB ConsullAii-4ra Urb-gal Area Figure 7. Florida Bonneted Bat Consultation Area Florida Bonneted Bat (Eumops floridanus) The Subject Property falls within the USFWS's Consultation Area for the Florida bonneted bat (see Figure 7). During the species survey, no tree cavities were observed on the Subject Property. Considering the low -quality roosting habitat, and that the Subject Property is surrounded by residential development on all sides, technical assistance with USFWS will likely not be required for Florida bonneted bat. Earth Tech Environmental, LLC www.eteflorida.com 12 Packet Pg. 446 Protected Species Survey 9.A.2.e Figure 8. Florida Panther Information Florida Panther (Felis concolor corgi) The Subject Property does not fall within any USFWS Panther Habitat Zones and Consultation Area. Dozens of telemetry points from tracked panthers have been documented within a two-mile radius of the Subject Property (see Figure 8). The habitat is not suitable for panther utilization as it is small, fragmented and surrounded by roadways and development. Technical assistance with USFWS will likely not be required for Florida panther. Earth Tech Environmental, LLC www.eteflorida.com 13 Packet Pg. 447 Protected Species Survey 9.A.2.e Figure 9. Florida Black Bear Information Florida Black Bear (Ursus americanus floridanus) The Subject Property falls within abundant black bear habitat (FWC). Dozens of black bear -related calls have been documented within a one -mile radius of the Subject Property (see Figure 9). FWC stopped radio -tracking black bear in 2018. Black bear presence isn't likely due to the site being small, isolated and surrounded by roadways and development; as such, the County likely will not require conservation measures for Florida black bear. Earth Tech Environmental, LLC www.eteflorida.com 14 Packet Pg. 448 Protected Species Survey 9.A.2.e Wood stork dale i—lalart ql1 12Q irotm tM1e united stales r,,h&1, dlf usw Q Subject Property yy M,d Sisk Calenles {USFWS 2010-2019] 71II�18.6-Mile Core Foraging A...(k1SFVJS 2010-2019} I "rrxir�rrrrrrnlrlrr.lil.iliallril� +�I�Ortxyrna l' a Figure 10. Wood Stork Information Wood Stork (Mycteria americans) The Subject Property does fall within the core foraging area (estimated at 18.6 miles) of one (1) known wood stork colony in Collier County (see Figure 8). The Subject Property does not contain suitable habitat for wood stork nesting, and unlikely habitat for foraging. Technical assistance with USFWS will likely not be required for impacts to wood stork. Earth Tech Environmental, LLC www.eteflorida.com 15 Packet Pg. 449 Protected Species Survey 9.A.2.e 6.0 REFERENCES Ashton, Ray E. and Patricia S. "The Natural History and Management for the Gopher Tortoise." Krieger Publishing Company. Malabar, Florida. 2008. Atlas of Florida Plants. Institute for Systematic Botany. Accessed March 2023. https:Hflorida.plantatlas.usf.edu/ Collier County Property Appraiser. Accessed March 2023. http://www.collierappraiser.com Cox, James; Inkley, Douglas; and Kautz, Randy. "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large -Scale Development in Florida." Nongame Wildlife Program Technical Report No. 4. December 1987. http://www.fwspubs.org/doi/suppl/10.3996/06201S-JFWM-OS5/suppl file/062015-ifwm- 055.s2. odf?code=ufws-site "Florida's Endangered and Threatened Species"- Official List. Florida Fish and Wildlife Conservation Commission. Updated December 2022. https://mvfwc.com/media/1945/threatened-endangered-species.pdf http://mvfwc.com/imperiledspecies/ Florida Invasive Species Council. "2019 FISC List of Invasive Plant Species." http://florid ainvasivespecies.org/plantlist.cfm Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanuall999.pdf http://www.fdot.gov/geospatial/doc pubs.shtm Weaver, Richard E. and Anderson, Patti J. "Notes on Florida's Endangered and Threatened Plants." Bureau of Entomology, Nematology and Plant Pathology— Botany Section. Contribution No. 38, Sth Edition. 2010. http://freshfromflorida.s3.amazonaws.com/fl-endangered-plants.pdf http://www.freshfromflorid a.com/Divisions-Offices/Plant-Industry/Bureaus-and-Services/Bureau-of- Entomology-Nematology-Plant-Pathology/Botany/Florida-s-Endangered-Plants Earth Tech Environmental, LLC www.eteflorida.com 16 Packet Pg. 450 INSTR 6183431 OR 6065 PG 421 E-RECORDED 12/30/2021 5:43 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $16,660.00 REC $35.50 CONS $2,380,000.00 This Instrument prepared without review or opinion of title by: Kristin M. Conroy Conroy, Conroy & Durant, P.A. 2210 Vanderbilt Beach #1201 Naples, FL 341 Q91; ;.. Parcel ID: OD20 i3,and 00399320006 Consideration: $2,3$ ` 04060d Special Warranty Deed This Special Warrant},eed .is made this 30th day of December, 2021, Between A. so Grover Matheney, as Succesr;TT ," st "e under that certain Declaration of Land Trust by Owen M. Ward, dated as of Ain' ,986 (as to Parcel 1) and A. Grover Matheney, as Successor Trustee under that Let =' - ment, dated as of June 29, 1988 by Owen M. Ward (as to Parcel 2), ("Grantor") of 13 Y3977, PO Box 25207, Miami, FL 33102, and JJF Stonington LLC, a Connecticut 1 >ted 'ability company, ("Grantee") of c/o Fareri Associates L.P., One Greenwich Offices j th, 3rd Floor -Suite 350, Greenwich, CT 06831. WITNESSETH that the Grantor, for andn s tration of the sum of TEN DOLLARS s e. ($10.00), and other good and valuable considerat>cVr1,ti ;antor in hand paid by Grantee, the receipt of which is hereby acknowledged, by these preen -nes grant, bargain, sell and convey yj to Grantee, and Grantee's successors and assigns for erl.ht, title, and interest in and to the following described land, situate, lying and being >n lau of Collier, State of Florida, to wit: See Attached Exhibit "A" incorporated herein SUBJECT TO property taxes for the year 2022 and ;s kqil, ent years; covenants, restrictions, and public utility easements of record; and existm ` irrg, and governmental regulations. Trustee as to each Trust (Grantor) does not have a beneficial interest in the,tr. Kas' .ts and subject land is not Grantor's homestead property, nor the homestead property of his ' ; ", r any family member, nor is the property contiguous to the homestead property of Grantor or., 's spouse or family member. TOGETHER WITH all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. File No.: 9786-14 Warranty Deed Page 1 of 2 Packet Pg. 451 OR 6065 PG 422 9.A.2.e .And the Grantor fully warrants the title to the property described herein and will defend the same against the lawful claims of all persons claiming by, through, or under Grantor, but none other. IN WITNESS W 48"OF, the Grantor has hereunto set its hand and seal as of the year and date first above . ri , Signed, sealed and o i iver' ch in the presence of two witnesses as to both: A. Grover Matheney, as Suc'i. 'or Trustee under that certain Declaration of Land Trust b`` ` wen Ward, dated as of June 18, 1986 (as to Parcel 1) —R A. Grover Matheney, as Successor TF- tiee er that Letter Agreement, dated as of June 29,1988 1 `yl. Ward (as to Parcel 2) Witness 41 sign above VVrdne Alea Dellecave Witness #1 print name above Witiis STATE OF FLORIDA COUNTY OF COLLIER r �Y above name above The foregoing instrument was acknowledged before me, by mean&off ) physical presence or M online notarization, this 29th day of December, 2021, by A: GI Matheney, as Successor Trustee under that certain Declaration of Land Trust by CJM. Ward, dated as of June 18,1986 and A. Grover Matheney, as Successor Trusteei4itdWi6t Letter Agreement, dated as of June 29, 1988 by Owen M. Ward, who are[ ] personally known to me or who [ V have produced PASSPORT as identification. "A" PC; 1 IRGINIA LEA CLARK _ Sea' Public - State of Florida Sig; �. �� 1` Commission i# GG2ss720 My Expires on October 14, 2022 r File No.: 9786-1 Warranty Deed Page 2 of 2 Expires: 10/14/2022 using audio -video communication Packet Pg. 452 OR 6065 PG 423 9.A.2.e Exhibit "A" Parcel 1:` That part of the= st.,,half of the Northwest quarter of Section 3, Township 50 South, Range 26 East, lying North/of St to Road 84 (formerly known as State Road S-856), also known as Davis Boulevard Exten'and South of State Road S-858, More particularly described as: Commencing at the North I/A corner of Section 3, Township 50 South, Range 26 East, Collier County, Florida; thence along the North -South 1/4 line of said Section 3, S 00 degrees 54'52" W 50.00 feet; thence along a ene, which is 50 feet South of and parallel to the North line of said Section 3, S 89 degrees 54'2C`1+V 462.78 feet for a PLACE OF BEGINNING; Thence continuing S 89 degrees 5470"' W 85,8.64 feet; thence S 00 degrees 31'13" W 589.82 feet to the Northwesterly right-of-way`line� of`5tate Road S-856 (Davis Boulevard Extension); thence along said right-of-way line, 16iO.08`feet along the arc of a circular curve concave to the Southeast, radius of 2939.79 feet, del z' f 3 degrees 41'10", chord bearing N 59 degrees 17'07" E 1005.12 feet; thence N 00 degrees 5'40" AIV 77.83 feet to the PLACE OF BEGINNING. LESS Commencing at the North 1/4 corner of Section 3, ioWns p 50 South, Range 26 East, Collier County, Florida; thence along the North -South 1/4 line said Section 3, S 00 degrees 54'52" W 50.00 feet thence aloe aline which is 50 feet ocfnd parallel to the North line of 9 .? .. said Section 3, S 89 degrees 54'20" W 462.78 feet fora4PLAtE,,OF BEGINNING; Thence continuing S 89 degrees 54'20" W 305.65 feet; thence 00 degrees 05'40" E 214.17 feet to the Northwesterly right-of-way line of State Road S- (Davis Boulevard Extension); thence along said right-of-way line, 334.86 feet along the arc ofa-circular curve concave to the Southeast, radius of 2939.79 feet, delta of 06 degrees 31'35"; ch6k bearing N 65 degrees 51'55" E 334.68 feet; thence N 00 degrees 05'40" W 77.83 feet to-thi P-L4CE OF BEGINNING. i Bearings are based on the North line of the Northwest 1/4 of said Serb 3 as being S 89 degrees 54'20" W. LESS AND EXCEPT the lands described in that Stipulated Final Judgment datedlay 17, 2001 and recorded on May 23, 2001, in Official Records Book 2829, at Page 24,z2; o`f'the Public Records of Collier County, Florida, AND ALSO LESS AND EXCEPT all the lands lying Northeasterly of the lands described in that Stipulated Final Judgment dated May 17, 2001 and recorded on May 23, 2001, in Official Records Book 2829, at Page 2422, of the Public Records of Collier County, Florida. Packet Pg. 453 *** OR 6065 PG 424 *** 9.A.2.e and Parcel 2: Being a portion of the NW 1/4 of the NW 1/4 of Section 3, Township 50 South, Range 26 East, Collier County, Florida; and being more particularly described as follows: Commence attTie Nthwest corner of said Section 3; run thence N 89 degrees 54'20" E, along the Norther fi,pebf said Section 3, for 821.76 feet; thence S 00 degrees 31'13" W, 50,00 feet to the PO, T.0 BEGINNING, also being in the Southerly right-of-way line of State Route S-858; thence., 9 degrees 54'20" E, along said Southerly right-of-way line 500.00 feet; thence S 00 degrees, 1'AY W, 589.82 feet to the Northerly right-of-way line of State Route S-856; said Northerly right-of-way line being a curve to the Southwest, having a radius of 2939.79 feet, and whose chord bears S 42 degrees 06'38" W, for 753.20 feet; thence along the arc of said curve 755.2.T feet 'thence N 00 degrees 31'13" E, 1147.78 feet to the POINT OF BEGINNING. LESS AND EXCEPT the lands des lb'eC in that Warranty Deed, dated June 14, 1999 and recorded on June 16, 1999 in Official cards Book 2559, at Page 1817, of the Public Records of Collier County, Florida., AND ALSO LESS AND EXCEPT all the lads Iraq Southwesterly of the lands described in that Warranty Deed, dated June 14, 1999 arr, a ed on June 16, 1999 in Official Records Book 2559, at Page 1817, of the Public Records . Collier County, Florida. 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D 5 Z �Wg '. v� 3. W Q VI 1' O O V 2 W F Q F O a u D J 4 cc 0pp d m 0 V) 5 _g € W 0 LL Vl ) a om oZ T52S I T53S I 1Zz 1W W a N AOW w I 11111 r wo a �. as O (n UlLU Z _ w O Zz S = W w H IL �a m g H rc Z t w u Im Z¢ J J Z) Z I g = wa m O Z O o L of Fier L'iOLLYIty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Boat House of Naples Real Estates, LLC Address: 1516 SE 46th Street Telephone: 239.732.8050 E-Mail Address: Eric.Lundgren@boathouseh2o.com Address of Subject Property (If available): N/A City: Naples City: Cape Coral Cell: State: FL ZIP: 34104 PROPERTY INFORMATION Section/Township/Range: 3 / 50 / 26 Lot: N/A Block: N/A Subdivision: N/A Metes & Bounds Description: See Survey State: FL ZIP: 33904 Plat Book: N/A Page #: Property I.D. Number: 00399320006 & 00399200003 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: ❑✓ a. County Utility System b. City Utility System ❑ Provide Name: C. Franchised Utility System ❑ (GPD Capacity): d. Package Treatment Plant ❑ Type: e. Septic System ❑ TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: County System ❑✓ a. Utility b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: Regional Water Service Area d. Private System (Well) ❑ Total Population to be Served: 32,500 SF / 13 Employees Peak and Average Daily Demands: A. Water -Peak: 11,430 B. Sewer -Peak: 18.7 Average Daily: 8,792 Average Daily: 6,280 a U W N 7 0 x c� 0 m m 0 N O O O M N O N J IL LO 0 ti N v N L9 C 0 .Q a a 0 c m z U r Q c a� E U 2 a 07/2022 Pag Packet Pg. 462 L of Fier C;014YIty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Attach additional pages if necessary. N/A Collier County Utility Dedication Statement: If the project is Collier County's utility service system, a notarized statement the water distribution and sewage collection facilities within Utilities. This shall occur upon completion of the accordance with all applicable County ordinances in service boundaries of agreeing to dedicate :o the Collier County these facilities in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N/A located within the shall be provided the project area construction of Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. a U a� N 7 O 2 cC O m 0 N O O 0 M N O N J a LO 0 ti N L9 C 0 .Q a a 0 E r Q c a� E �a a 07/2022 Pag Packet Pg. 463 9.A.2.e Project Capacity - COMMERCIAL Type of Establishment # Units GPD/Unit GPD Office building, per employee per 8-hour shift or 8 15 120 Office building, per square foot of floor space, whichever is greater 32,500 0.15 4,875 Warehouse, excluding offices and living quarters, per employee per 8-hour shift 7 15 105 Warehouse, excluding offices and living quarters, per loading bay 13 100 1,300 Subtotal 6,400 Total Average Total Peak Total Peak Daily Flow Peak Factor Hour Flow Hour Flow (GPD) (GPD) (GPM) 6,280 4.3 26,964 18.7 a U a� N 7 O x O m m 0 N O O O M N O N J IL a 3/27/2018 CCPU Wastewater Flow Packet Pg. 464 �. as Lu O (n UlLU Z _ w O Zz S = W w H IL �a m g H rc Z t w u Im Z¢ J J Z g = wa m O Z O o i1 IE �� I � `, � ►� � .� ,, � , . �, .�, ��'` , ;, ,��� � , 4 y` ,,, � � � �� �' � �% �. ,;�� ..� ,'b �, � �� v. tiy`<� _ �; f a �. ® - _ -- T: Ti �� �� r - - �; � , _= __ I �� .�� � i � __ ,�_ �f ^' 1 � � � .: �� � � j�-k ++ -' \ r �::�� �_ � � ��:,` '' .�'..: ' : � i� �� � v; P � ,:ov, ;\ � i. �tlr°��J�� � ��� � � � � � `� ~ � \ x+ � * 1, 'I 1 lb (Qndo asnaH;eoB `89OZ000£ZOZId : SOLLZ) 4Z-S-L uoi;eoilddy-Q juewLjaq;V :auewyoe;;y N Q (Qndo asnaH;eoB `89OZ000£ZOZId : SOLLZ) 4Z-S-L uoi;eoilddy-Q juewLjaq;V :auewyoe;;y N ,L la 9.A.2.f SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Jessica Harrelson, AICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20230002068 & PL20230002069 2600 Golden Gate Parkway IGNAT RE OFA�'IMCANT OR AGENT STREET OR P.O. BOX Jessica Harrelson, AICP Naples, FL 34105 NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 3rd day of January 20 24, by Jessica Harrelson, AICP personally known to me or as identification produced and who did/did not take an oath. Signature of Notary Public , PEARL M BIANCHI 4�; Notary Public -State of Florida =+ Commission # HH 448354 �?� My Commission Expires Printed Name of NotaryPublic November 04, 2027. 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