Loading...
Agenda 03/12/2024 Item #17A (Rezoning Ordinance for the NBC RV Mixed-Use Planned Unit Development)SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting March 12, 2024 Add-on Item 16H4: Proclamation designating March 21 – 31, 2024, as the 48th Anniversary of the Collier Fair. The proclamation will be mailed to Rhonda Ward, Collier Fair Manager. (Commissioner McDaniel’s Request) Move Item 3C1 to the March 26, 2024, BCC Meeting: Recognizing Nolan Sapp for his 46 years of dedicated public safety service upon retirement. (Staff Request) Move Item 17A to 9A: This item requires the Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance for the NBC RV Mixed-Use Planned Unit Development, a portion of which remains in the Rural Fringe Mixed Use District-Receiving Lands Zoning Overlay, to allow up to 356,000 square feet of commercial and industrial uses and 75 Travel-Trailer-Recreational Vehicle campground units on property located 450± feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard in Section 18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 34± acres; and by providing an effective date. (Companion to Item 17B) (Commissioner LoCastro’s Request) Move Item 17B to 9B: Recommendation to approve an ordinance amending the Future Land Use Element and Future Land Use Map and map series of the Growth Management Plan to create the East Tamiami Trail Mixed Use Subdistrict, to allow up to 356,000 square feet of gross floor area of heavy commercial and industrial uses, and up to 75 travel trailer-recreational vehicle campground units. The subject property is located 450± feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard, in section 18, township 51 south, range 27 east, Collier County, Florida, consisting of 33.523± acres. (Companion to Item 17A) Commissioner LoCastro’s Request) Move Item 16A14 to 11F: Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development Code to update the regulations relating to the removal of prohibited exotic vegetation. (By separate requests of Commissioners LoCastro, Kowal, and Hall) Move Item 16F7 to 11G: Recommendation to award Construction Invitation to Bid (“ITB”) No. 23-8182, the Caxambas Park and Boat Rehabilitation Project” to Kelly Brothers, Inc., in the amount of $2,735,926.67, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendment. (Project No. 50280). (By separate requests of Commissioners LoCastro and Kowal) Notes: Item 16B7 should be corrected to read as follows: Recommendation to authorize electronic submission by staff the County Manager or designee of a Small County Outreach Program for Rural Areas of Opportunities application with the Florida Department of Transportation to fund the construction of a paved shoulder to improve safety on a segment of Immokalee Road (CR 846E) in the amount of $999,855.21. Item 17A, Attachment A – Revised Ordinance, Exhibit F, under “VI. HOURS OF OPERATION” the following language should be added: B. Every 5 years from the date of adoption of the Ordinance, staff will provide a report to the Collier County Board of County Commissioners on the hours of operation for loading and crushing of concrete, the impacts to owners and whether any complaints have been made to the County. Upon a finding of public purpose, the Board reserves the right to modify the hours of operation to 8 a.m. to 6 p.m. at such meeting without an advertised hearing.” TIME CERTAIN ITEMS: Item 10A to be heard 9:30 AM: Recommendation to submit a Community Project Funding application to Congressman Mario Diaz-Balart for $6 million to construct a Collier County Veterans Services Center and Museum. Item 11A to be heard at 10:30 AM: Recommendation to review a proposed amendment to Ordinance 2002-63, which established the Conservation Collier Program, which will be advertised for a future Board meeting. Item 11B to be heard at 1 PM: After-action report for the 2024 Florida legislative session. Item 11C to be heard no sooner than 1:30 PM: Recommendation to accept a project update on the Collier County Behavioral Health Center and proceed with the design for 87 total beds. 3/12/2024 3:53 PM SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting March 12, 2024 Add-on Item 16H4: Proclamation designating March 21 – 31, 2024, as the 48th Anniversary of the Collier Fair. The proclamation will be mailed to Rhonda Ward, Collier Fair Manager. (Commissioner McDaniel’s Request) Move Item 3C1 to the March 26, 2024, BCC Meeting: Recognizing Nolan Sapp for his 46 years of dedicated public safety service upon retirement. (Staff Request) Move Item 17A to 9A: This item requires the Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance for the NBC RV Mixed-Use Planned Unit Development, a portion of which remains in the Rural Fringe Mixed Use District-Receiving Lands Zoning Overlay, to allow up to 356,000 square feet of commercial and industrial uses and 75 Travel-Trailer-Recreational Vehicle campground units on property located 450± feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard in Section 18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 34± acres; and by providing an effective date. (Companion to Item 17B) (Commissioner LoCastro’s Request) Move Item 17B to 9B: Recommendation to approve an ordinance amending the Future Land Use Element and Future Land Use Map and map series of the Growth Management Plan to create the East Tamiami Trail Mixed Use Subdistrict, to allow up to 356,000 square feet of gross floor area of heavy commercial and industrial uses, and up to 75 travel trailer-recreational vehicle campground units. The subject property is located 450± feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard, in section 18, township 51 south, range 27 east, Collier County, Florida, consisting of 33.523± acres. (Companion to Item 17A) Commissioner LoCastro’s Request) Move Item 16A14 to 11F: Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development Code to update the regulations relating to the removal of prohibited exotic vegetation. (By separate requests of Commissioners LoCastro, Kowal, and Hall) Move Item 16F7 to 11G: Recommendation to award Construction Invitation to Bid (“ITB”) No. 23-8182, the Caxambas Park and Boat Rehabilitation Project” to Kelly Brothers, Inc., in the amount of $2,735,926.67, authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendment. (Project No. 50280). (By separate requests of Commissioners LoCastro and Kowal) Notes: Item 16B7 should be corrected to read as follows: Recommendation to authorize electronic submission by staff the County Manager or designee of a Small County Outreach Program for Rural Areas of Opportunities application with the Florida Department of Transportation to fund the construction of a paved shoulder to improve safety on a segment of Immokalee Road (CR 846E) in the amount of $999,855.21. Item 17A, Attachment A – Revised Ordinance, Exhibit F, under “VI. HOURS OF OPERATION” the following language should be added: B. Every 5 years from the date of adoption of the Ordinance, staff will provide a report to the Collier County Board of County Commissioners on the hours of operation for loading and crushing of concrete, the impacts to owners and whether any complaints have been made to the County. Upon a finding of public purpose, the Board reserves the right to modify the hours of operation to 8 a.m. to 6 p.m. at such meeting without an advertised hearing.” TIME CERTAIN ITEMS: Item 10A to be heard 9:30 AM: Recommendation to submit a Community Project Funding application to Congressman Mario Diaz-Balart for $6 million to construct a Collier County Veterans Services Center and Museum. Item 11A to be heard at 10:30 AM: Recommendation to review a proposed amendment to Ordinance 2002-63, which established the Conservation Collier Program, which will be advertised for a future Board meeting. Item 11B to be heard at 1 PM: After-action report for the 2024 Florida legislative session. Item 11C to be heard no sooner than 1:30 PM: Recommendation to accept a project update on the Collier County Behavioral Health Center and proceed with the design for 87 total beds. 3/12/2024 3:53 PM 03/12/2024 EXECUTIVE SUMMARY This item requires the Commission members to provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance for the NBC RV Mixed-Use Planned Unit Development, a portion of which remains in the Rural Fringe Mixed Use District-Receiving Lands Zoning Overlay, to allow up to 356,000 square feet of commercial and industrial uses and 75 Travel-Trailer-Recreational Vehicle campground units on property located 450± feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard in Section 18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 34± acres; and by providing an effective date. (Companion to Item 17B) _____________________________________________________________________________________ OBJECTIVE: To have the Board of County Commissioners (“Board”) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced petition, render a decision regarding this rezoning petition and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property is 450+/- feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard, in Section 18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 34.0+/- acres. This petition seeks to rezone 34+/- acres from Industrial (I), Rural Agricultural-Rural Fringe Mixed-Use District-Receiving Land (A-RFMUD-Receiving), and Travel Trailer- Recreational Vehicle Campground-Rural Fringe Mixed-Use District- Receiving Land (TTRVC-RFMUD- Receiving) zoning districts, to a Mixed-Use Planned Unit Development to be known as NBC RV Mixed-Use Planned Unit Development, a portion of which remains in the Rural Fringe Mixed Use District -Receiving Lands Zoning Overlay, to allow up to 356,000 square feet of commercial and industrial uses and 75 Travel - Trailer-Recreational Vehicle campground units. The subject property is comprised of three parcels and is owned by NBC RV, LLC and NBC North, LLC. FISCAL IMPACT: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Gr owth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff has reviewed the proposed rezone. According to the Future Land Use Map, the subject property is designated as Agricultural/Rural, Rural Fringe Mixed Use District, Receiving Lands Subdistrict, as well as Rural Industrial District. Comprehensive Planning Staff believe that the petitioner has provided appropriate and relevant data and analysis to address the statutory requirements for a Plan Amendment. Though the inclusion of industrial and commercial uses within the proposed subdistrict is inconsistent with the Receiving designation, staff agrees that there is a need for more commercial and industrial space within Southeastern Collier County to serve those future residents of this portion of Collier County. Furthermore, the adjacent entitled/existing industrial and commercial uses are compatible with the surrounding land uses. Comprehensive Planning Staff finds that the creation of the proposed subdistrict on the property to allow the uses identified within the subdistrict would be consistent with the goals and policies of the Growth Management Plan and proposes approval of the companion GMPA. See the Growth Management Plan Amendment Staff report for more information. Transportation Element: In evaluating this project, staff reviewed the applicant’s April 7, 2023, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2022 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states; 17.A Packet Pg. 1904 03/12/2024 “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. d) 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 +/- 151 PM peak hour, 2-way trips on the adjacent roadway segments of East Tamiami Trail (US-41). The trips generated by this development will occur on the following adjacent roadway link: Link/Roadway Link Current Peak Hour Peak Direction Volume/Peak Direction Projected P.M. Peak Hour/Peak Direction Project Trips (1) 2021 AUIR LOS/ Remaining Capacity 2022 AUIR LOS/ Remaining Capacity 95.1/ Tamiami Trail East (US- 41) Joseph Ln to Collier Blvd 3,100/East 42/West B/ 1,692 C/ 1,454 95.2/ Tamiami Trail East (US- 41) Greenway Rd to Joseph Ln 1,020/East 45/West C/ 837 C/ 667 95.3/ Tamiami Trail East (US- San Marco Dr to Greenway Rd 1,020/East 45/West D/ 57 F/ (113) (2) 17.A Packet Pg. 1905 03/12/2024 41) • (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the petitioner's April 7, 2023, Traffic Impact Statement. • (2) BCC adopted 2022 AUIR, which indicated LOS “F.” However, consultation and investigation of FDOT count stations, locations, and confirmation traffic studies resulted in more accurate and acceptable LOS “B” and 744 remaining trips for this roadway link. Further, the FDOT count stations and traffic counts are proposed for the 2023 AUIR. Staff will be working to establish additional Collier County count station(s) to address accuracy concerns/issues. Based on the TIS, the 2021, and the 2022 AUIR, the subject PUD can be found to be 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. 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 is approximately 34 acres and has been historically cleared and used for agricultural and industrial activities. The vegetation on-site is mostly exotic and does not meet the requirements for preservation; therefore, no preserve is required. GMP Conclusion: The proposed PUD is inconsistent with the GMP unless the Board approves the companion GMPA first or concurrently with the PUD and the uses and intensities align. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition PUDZ-PL20210001953, NBC RV MPUD, on January 18, 2024, and voted 5-0 to forward this petition to the Board with a recommendation of approval with the below changes. No letters of objection have been received. The required changes and additions to be added to the PUD by the CCPC include: • Exhibit A, IV. A page 8: Delete: paragraph i) public golf courses Sic code 7992 • Exhibit A, IV. A page 8: Delete: paragraph m) refuse systems…SIC 4953 • PUD document, Exhibit F, Section VI: Change 6am to 8pm to 7am to 6pm • PUD document, Exhibit F: Add another developer commitment, “Owner will use dust control for concrete/rock crushing, SIC Code 3272, including water spray systems or comparable state -of-the-art dust control.” The changes were accepted by staff, and these revisions were added to the Ordinance. Post-CCPC, the following text was added to Exhibit F of the Ordinance, condition VII. A, to clarify the condition: “While the crusher is in operation, the water spray system will be running. The County Manager or designee may approve an alternative technology that provides the same dust control as a water spray system.” LEGAL CONSIDERATIONS: This is a site-specific rezone to a Mixed-Use Planned Unit Development (MPUD) Zoning District for a project to be known as the NBC RV MPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. Should it consider denying the rezone, the burden shifts to the Board of County Commissioners to determine that such denial would not be arbitrary, discriminatory, or unreasonable. Th is would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for MPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there adequacy of evidence of unified control and suitability of agreements, contracts, or 17.A Packet Pg. 1906 03/12/2024 other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed MPUD with the Growth Management Plan's goals, objectives and policies. 4. Consider: 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. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with MPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, policies, future land use map, and the elements of the Growth Management Plan? 10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested MPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 17.A Packet Pg. 1907 03/12/2024 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? (a “core” question…) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider The physical characteristics of the property and the degree of site alteration that would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed MPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the MPUD rezone request that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summ ary, maps, studies, letters from interested persons, and the oral testimony presented at the Board hearing as these items relate to these criteria. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. This item has been reviewed as to form and legality, and an affirmative vote of four is necessary for Board approval. (HFAC) RECOMMENDATION: To approve the applicant’s request to rezone to the MPUD zoning district subject to approval of the companion GMPA. Prepared by: Timothy Finn, AICP, Planner III, Zoning Division ATTACHMENT(S) 1. Staff Report - NBC RV MPUD (PDF) 2. Attachment A - Revised Ordinance 012424 (PDF) 3. Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (PDF) 4. [Linked] Attachment C - Backup Materials (PDF) 5. Attachment D - Hearing Advertising Sign (PDF) 6. legal ad - agenda IDs 27914 & 27783 (PDF) 17.A Packet Pg. 1908 03/12/2024 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 27783 Item Summary: This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning ordinance for the NBC RV Mixed-Use Planned Unit Development, a portion of which remains in the Rural Fringe Mixed Use District-Receiving Lands Zoning Overlay, to allow up to 356,000 square feet of commercial and industrial uses and 75 Travel-Trailer-Recreational Vehicle campground units on property located 450± feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard in Section 18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 34± acres; and by providing an effective date. (Companion to Item 17B) Meeting Date: 03/12/2024 Prepared by: Title: – Zoning Name: Tim Finn 02/01/2024 4:20 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 02/01/2024 4:20 PM Approved By: Review: Development Review Cormac Giblin Additional Reviewer Completed 02/05/2024 4:52 PM Zoning Ray Bellows Additional Reviewer Completed 02/06/2024 10:49 AM Zoning Mike Bosi Additional Reviewer Completed 02/12/2024 9:53 AM Growth Management Community Development Department Diane Lynch GMD Approver Completed 02/21/2024 2:12 PM Growth Management Community Development Department Diane Lynch GMD Approver Skipped 02/01/2024 6:42 PM Growth Management Community Development Department Mike Bosi Growth Management Completed 02/21/2024 4:09 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 02/22/2024 11:31 AM Unknown Jaime Cook Additional Reviewer Completed 02/26/2024 7:19 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/27/2024 8:30 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/28/2024 8:47 AM Office of Management and Budget Laura Zautcke OMB Reviewer Completed 02/29/2024 5:00 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/06/2024 9:43 AM Board of County Commissioners Geoffrey Willig Meeting Pending 03/12/2024 9:00 AM 17.A Packet Pg. 1909 PUDZ-PL20210001953 NBC RV MPUD Page 1 of 17 Revised: December 13, 2023 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 18, 2024 SUBJECT: PUDZ-PL20210001953; NBC RV MPUD COMPANION ITEM: PL20210001954; EAST TAMIAMI TRAIL MIXED-USE SUBDISTRICT ______________________________________________________________________________ PROPERTY OWNER/AGENTS: Owner: NBC RV, LLC and NBC North, LLC 7593 Cordoba Circle Naples, FL 34109 Agents: Robert J. Mulhere, FAICP, President Noel J. Davies, Esq. Hole Montes, Inc. Davies Duke, PLLC 950 Encore Way 1415 Panther Lane, Suite 442 Naples, FL 34110 Naples, FL 34109 REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone 34+/- acres from Industrial (I), Rural Agricultural-Rural Fringe Mixed-Use District-Receiving Land (A-RFMUD-Receiving), and Travel Trailer-Recreational Vehicle Campground-Rural Fringe Mixed-Use District- Receiving Land (TTRVC-RFMUD-Receiving) zoning districts, to a Mixed-Use Planned Unit Development to be known as NBC RV Mixed-Use Planned Unit Development, a portion of which remains in the Rural Fringe Mixed Use District -Receiving Lands Zoning Overlay, to allow up to 356,000 square feet of commercial and industrial uses and 75 Travel- Trailer-Recreational Vehicle campground units. The subject property is comprised of three parcels and is owned by NBC RV, LLC and NBC North, LLC. 17.A.a Packet Pg. 1910 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 2 of 17 PUDZ-PL20210001953 NBC RV MPUD Revised: December 13, 2023 GEOGRAPHIC LOCATION: The subject property is 450+/- feet northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard, in Section 18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 34.0+/- acres (see location map below). 17.A.aPacket Pg. 1911Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 3 of 17 Revised: December 13, 2023 PURPOSE/DESCRIPTION OF PROJECT: This request is for the rezoning of 34.0+/- acres from TTRVC, Agricultural, and Industrial zoning districts to a Mixed Use Planned Unit Development (MPUD) to allow 356,000 square feet of commercial and industrial uses and 75 TTRVC units. This petition also has a companion petition, East Tamiami Trail Mixed Use Subdistrict, PL20210001954, that will allow 356,000 square feet of gross floor area of commercial and industrial uses allowed within the Heavy Commercial (C-5) and Industrial (I) zoning districts. The Subdistrict will also allow 75 TTRVC units. Access to the site is shown on the MPUD Master via Basik Drive, which connects to Tamiami Trail to the south. The Master Plan shows three points of ingress/egress to the PUD along the southwestern boundary along Basik Drive and a fourth point connecting into Tract I. The MPUD Master Plan indicates that a minimum of 30% (10.66 acres) will be provided as open space. 17.A.a Packet Pg. 1912 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 4 of 17 Revised: December 13, 2023 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding boundaries of NBC RV MPUD: North: Developed with a residence and store, with a zoning designation of Rural Agricultural (A) District East: Developed with single and multi-family family residential and agricultural uses, with a zoning designation of Rural Agricultural (A) District South: Developed with self-storage and a parking lot, with a zoning designation of Basik Drive Storage CPUD that is approved for indoor and outdoor storage, commercial, and office space, and to the west of the CPUD s is a parking lot zoned Heavy Commercial (C-5) District West: Beginning outside of the northwest point of the NBC RV MPUD is vacant agricultural land, then to the south is the Smyrna Ready Mix Concrete Plant that involves mineral and phosphate processing that is zoned Industrial (I) District, then to the south of the concrete plant is the outside storage of vehicles, zoned I, then to the south is commercial and industrial uses zoned I, and then to the south is Cemex Construction Materials zoned I Aerial Photo (Hole Montes, Inc) 17.A.a Packet Pg. 1913 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 5 of 17 Revised: December 13, 2023 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): Comprehensive Planning staff has reviewed the proposed rezone. According to the Future Land Use Map, the subject property is designated as Agricultural/Rural, Rural Fringe Mixed Use District, Receiving Lands Subdistrict, and Rural Industrial District. Comprehensive Planning Staff believes that the petitioner has provided appropriate and relevant data and analysis to address the statutory requirements for a Plan Amendment. Though the inclusion of industrial and commercial uses within the proposed subdistrict is inconsistent with the Receiving designation, staff agrees that there is a need for more commercial and industrial space within Southeastern Collier County to serve those future residents of this portion of Collier County. Furthermore, the adjacent entitled/existing industrial and commercial uses are compatible with the surrounding land uses. Comprehensive Planning Staff finds that the creation of the proposed subdistrict on the property to allow the uses identified within the subdistrict would be consistent with the goals and policies of the Growth Management Plan ; see the Growth Management Plan Amendment Staff report for more information. Transportation Element: In evaluating this project, staff reviewed the applicant’s April 7, 2023, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2022 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states; “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the f ollowing occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” Staff finding: According to the TIS provided with this petition the proposed development will generate a projected total of +/- 151 PM peak hour, 2-way trips on the adjacent roadway segments 17.A.a Packet Pg. 1914 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 6 of 17 Revised: December 13, 2023 of East Tamiami Trail (US-41). The trips generated by this development will occur on the following adjacent roadway link: Link/Roadway Link Current Peak Hour Peak Direction Volume/Peak Direction Projected P.M. Peak Hour/Peak Direction Project Trips (1) 2021 AUIR LOS/ Remaining Capacity 2022 AUIR LOS/ Remaining Capacity 95.1/ Tamiami Trail East (US-41) Joseph Ln to Collier Blvd 3,100/East 42/West B/ 1,692 C/ 1,454 95.2/ Tamiami Trail East (US-41) Greenway Rd to Joseph Ln 1,020/East 45/West C/ 837 C/ 667 95.3/ Tamiami Trail East (US-41) San Marco Dr to Greenway Rd 1,020/East 45/West D/ 57 F/ (113) (2) • (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the petitioner's April 7, 2023, Traffic Impact Statement. • (2) BCC adopted 2022 AUIR indicated LOS “F”. However, consultation and investigation of FDOT count stations, locations, and confirmation traffic studies resulted in more accurate and acceptable LOS “B” and 744 remaining trips for this roadway link. Further, the FDOT count stations and traffic counts are proposed for the 2023 AUIR. Staff will be working to establish additional Collier County count station(s) to address accuracy concerns/issues. Based on the TIS, the 2021, and the 2022 AUIR, 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. 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 is approximately 34 acres, historically cleared and used for agricultural and industrial activities. The vegetation on-site is mostly exotic and does not meet the requirements for preservation; therefore, no preserve is required. GMP Conclusion: The proposed PUD is inconsistent with the GMP unless the Board approves the companion GMPA first or concurrently with the PUD and the uses and intensities align. STAFF ANALYSIS: Applications to rezone to or to amend MPUDs shall be in the form of a MPUD Master Plan of development, along with a list of permitted and accessory uses and a development standards table. The MPUD application shall also include a list of developer commitments and any proposed deviations from the LDC. Staff has completed a comprehensive evaluation of this land use 17.A.a Packet Pg. 1915 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 7 of 17 Revised: December 13, 2023 petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. The CCPC uses the criteria above as the basis for its recommendation to the Board, who in turn use the criteria to support their action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below under the heading “Zoning Services Analysis.” In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The property has been developed and maintained clear of native vegetation to be preserved. The Master Plan does not show a preserve since no minimum preservation is required. No listed animal species were observed on the property; however, the Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicates the presence of Black Bear (Ursus americanus floridanus) in the area. A black bear management plan will need to be included in the review of the SDP and/or PPL. Additionally, the site is within the Secondary Panther Habitat and will require consultation with the U.S. Fish and Wildlife Service. A Panther Management Plan will be included at the time of the SDP and/or PPL. Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC. Transportation Planning Staff recommends approval of the proposed NBC RV MPUD. Utility Review: The project lies within the regional potable water service area and the South Collier wastewater service area of the Collier County Water-Sewer District (CCWSD). The project already receives CCWSD water and wastewater services. Sufficient water and wastewater treatment capacities are available. Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. Landscape Review: Staff has reviewed the petition for compliance with the LDC and recommends approval of this project. The buffer types labeled on the Master Plan are consistent with the Land Development Code. Stormwater Review: Stormwater staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this land use zoning action. Zoning Services Review: Zoning Division staff has evaluated the request relative to intensity, compatibility, and proposed development standards. The property lies within the proposed East Tamiami Trail Mixed Use Subdistrict that will allow certain industrial uses, intensive commercial uses and services, and the use of travel trailers and recreational vehicles. The Subdistrict will have a maximum of 356,000 square feet of gross floor area of commercial and industrial uses allowed within the Heavy Commercial (C-5) and Industrial 17.A.a Packet Pg. 1916 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 8 of 17 Revised: December 13, 2023 (I) zoning districts. The Subdistrict will also allow 75 TTRVC units. If the Subdistrict is approved, this will render the industrial uses, intensive commercial uses and services, and the use of travel trailers and recreational vehicles generally appropriate at the location. Buffers are delineated on the Master Plan to provide screening along the property’s perimeter. The property boundary adjacent to residential uses on the eastern boundary is a 20-foot Type “C” Buffer that will include a minimum 10-foot-high concrete wall constructed on a minimum 1-foot- high berm with landscaping on the west side of the wall. This provides separation and buffering for the neighboring residences to the east. The southern perimeter of the PUD will provide a 10- foot Type “A” Buffer, whereas the southwestern perimeter fronting Basik Drive will provide a 20- foot Type “D” Buffer. The western perimeter will also provide a 10-foot Type “A” Buffer. The northern perimeter will provide a 20-foot Type “C” Buffer that will also provide separation and buffering for the neighboring residence to the north. Staff considered the applicant’s request to allow certain C-5, and I uses contingent upon the approval of the companion East Tamiami Trail Mixed Use Subdistrict petition. The GMPA explicitly prohibits ten categories of uses within the Subdistrict. Therefore, those uses are automatically prohibited in the MPUD. Furthermore, the Subdistrict specifically enumerates 16 industrial and C-5 uses that are not allowed within 150 feet of the eastern Subdistrict boundary; therefore, these uses are also automatically not allowed within 150 feet of the east PUD boundary. Staff coordinated with the applicant to tailor the MPUD uses considering the site and location. The MPUD is updated with ten additional categories of prohibited uses in addition to all those prohibited by the GMP. These other prohibited uses are inappropriate for the location, considering the lot size, orientation, and proximity to the nearby businesses and residential uses: •Crematories (7261) •Drycleaning plants (7216, nonindustrial dry cleaning only) •Garment pressing and agents for laundries and dry cleaners (7212) •Gasoline service stations (5541) •Chemical and allied products (2812-2899) •Petroleum refining and related industries (2911-2999) •Textile mill products (2231, 2261-2269, 2295, 2296) •Abrasive, Asbestos, and Miscellaneous (3291-3299) •Air Curtain Incinerator (ACI) •Oil or chemical storage tanks Moreover, Staff coordinated with the applicant to tailor certain uses to be situated within 150 feet of the eastern PUD boundary within Tracts C and I. Staff agrees with the applicant that the following uses are inappropriate within 150 feet of the PUD boundary for the location of these certain uses considering the lot size, orientation, and proximity to the nearby businesses and residential uses which are: Tract C – Uses allowed but not permitted within 150 feet of the eastern PUD boundary: •Automotive repair services (7532-7539) •Automotive services (7549) 17.A.a Packet Pg. 1917 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 9 of 17 Revised: December 13, 2023 • Building cleaning and maintenance services (7349 except chimney cleaning services and telephone booth cleaning) • Car wash (7542 detail and hand wash only, except a maximum of one machine car wash may be permitted within the PUD • Equipment rental and leasing (7359, industrial truck leasing, and tool rental leasing only) • Heavy construction equipment and leasing (7353) • Repair shops and services not elsewhere classified (7699) • Truck rental and leasing without drivers (7513) Tract I – Uses allowed but not permitted within 150 feet of the eastern PUD boundary: • Agricultural services (0783) • Automotive repair services (7532-7539) • Automotive services (7549) • Building cleaning and maintenance services (7349) • Car wash (7542 limited to a maximum of one within the PUD) • Concrete work (1771) • Disinfecting and pest control (7342) • Equipment rental and leasing (7359) • Golf courses, public (7992) • Heavy construction equipment rental and leasing (7353) • Local trucking without storage; refuse, local collecting and transportation, without disposal (4212). Cutting equipment shall be kept on the western 150 feet of Tract I. • Repair shops and services not elsewhere specified (7699) • 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 (4953) • Stone, clay, glass, and concrete products (3211, 3221, 3229, 3231, 3241, 3251, 3253, 3255- 3275, 3281). Note: SIC codes 3272 and 3281 allow for recycling of concrete construction debris into usable materials for sale and may require crushing • Welding repair (7692) To the south and west, the current adjoining uses are a mixture of industrial and commercial, compatible with the proposed MPUD. However, the adjoining uses to the north and east are residential. As such, to help mitigate any negative environmental effects from the proposed commercial and industrial uses, the applicant is proposing on the eastern PUD boundary a 20-foot Type “C” Buffer that will include a minimum 10-foot-high concrete wall constructed on a minimum 1-foot high berm with landscaping on the west side of the wall. The northern perimeter will provide a 20-foot Type “C” Buffer that will also provide separation and buffering for the neighboring residence to the north. Moreover, it's important to note that the applicant is imposing that certain uses cannot be situated within 150 feet of the eastern PUD boundary, as listed above. The MPUD Master Plan shows three points of ingress/egress to the PUD along the southwestern boundary of the PUD along Basik Drive and a fourth ingress/egress point connecting into Tract I. 17.A.a Packet Pg. 1918 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 10 of 17 Revised: December 13, 2023 CODE CASE – CELU20220011037 At the December 1, 2022, CCPC meeting, the Basik Drive Storage petition, CPUD (PL20210000046), was heard. It was discussed that vehicles and storage containers were north of this property (lands encompassed by this petition – NBC RC MPUD) that would need to be removed and cleared. As such, staff contacted Code Enforcement and opened Code Case – CELU20220011037 to clear and remove containers, outside storage, automobiles, and trailer vessels. The case had been ongoing for most of 2023, and on November 2, 2023, it was closed as the property owner came into compliance. (See Attachment B on Code Enforcement correspondences and outcome regarding this case) PUD FINDINGS: LDC Section 10.02.13.B.5 states that, “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the findings in LDC Section 10.02.08”: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The project already receives CCWSD water and wastewater services. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which the County Attorney’s Office reviewed, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and offered an analysis of conformity with the GMP's relevant goals, objectives, and policies within the GMP Consistency portion of this staff report and found it consistent. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering 17.A.a Packet Pg. 1919 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 11 of 17 Revised: December 13, 2023 and screening requirements. As described in the Staff Analysis section of this staff report subsection Landscape Review, staff is of the opinion that the proposed project will be compatible with the surrounding area. The Master Plan proposes the appropriate perimeter landscape buffers. 5.The adequacy of usable open space areas in existence and as proposed to serve the development. The MPUD is required to provide at least 30% of the gross area for usable open space. No deviation from the open space requirement is being requested, and compliance would be demonstrated at the time of SDP or platting. 6.The timing or sequence of development to ensure the adequacy of available improvements and facilities, both public and private. The project already receives CCWSD water and wastewater services. 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 has adequate capacity to serve the proposed project at this time and as outlined above, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. 7.The ability of the subject property and of surrounding areas to accommodate expansion. The project already receives CCWSD water and wastewater services. 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. 8.Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. Two deviations are proposed in connection with this request to rezone to PUD. See the 17.A.a Packet Pg. 1920 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 12 of 17 Revised: December 13, 2023 deviation section of the staff report beginning on page 15. Rezone Findings: LDC Subsection 10.02.08.F states, “When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners…shall show that the planning commission has studied and considered proposed change in relation to the following when applicable”: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in this staff report's Surrounding Land Use and Zoning section. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size and, therefore, will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP if the companion GMPA is approved. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The proposed PUD zoning boundaries follow the property ownership boundaries and coincide with the GMP subdistrict boundaries. The zoning map on page 3 of the staff report illustrates the perimeter of the outer boundary of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed rezoning is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes. It should be noted that the proposed uses are not allowed under the current zoning classification. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD Rezone is consistent with the County’s land use policies that the FLUE of the GMP reflects if the companion GMPA is approved. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 17.A.a Packet Pg. 1921 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 13 of 17 Revised: December 13, 2023 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 and as outlined above, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed PUDZ request is not anticipated to create stormwater management problems in the area, provided an environmental resource permit that addresses stormwater best management practices, stormwater pollution prevention, urban stormwater management, on-site stormwater treatment, and attenuation storage is obtained from the South Florida Water Management District. County staff will evaluate the project’s stormwater management system, calculations, and design criteria at the time of SDP and/or plat review. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated this MPUD would reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based on anticipated results, which may be internal or external to the subject property. Property valuation is affected by various factors, including zoning; however, zoning by itself may or may not affect values since value determination is driven by market value. Staff’s opinion is that the proposed changes will not adversely affect property values in the adjacent areas. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. As previously noted, the properties to the west, south, north, and east are developed. The basic premise underlying all the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an 17.A.a Packet Pg. 1922 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 14 of 17 Revised: December 13, 2023 individual owner, contrasting with the public welfare. The proposed development complies with the GMP through the proposed GMP amendment, which constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. According to the existing classification, the proposed uses and development standards are not permitted. 14. Whether the change suggested is out of scale with the neighborhood's or the County's needs. It is staff’s opinion that the proposed uses and associated development standards and developer commitments will ensure that the project is not out of scale with the community's needs. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services is consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff responsible for jurisdictional elements of the GMP as part of the 17.A.a Packet Pg. 1923 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 15 of 17 Revised: December 13, 2023 rezoning process, and staff has concluded that the developer has provided appropriate commitments so that the impacts to the Level of Service (LOS) will be minimized. 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 Board during its advertised public hearing. DEVIATION DISCUSSION: The petitioner is seeking two deviations from the requirements of the LDC. These deviations are directly extracted from PUD Exhibit E. The petitioner’s rationale and staff analysis/recommendation are outlined below. Proposed Deviation #1: (Travel trailer and park model square footage) “Deviation # 1 seeks relief from LDC section 5.05.10 A.1., which states, “The following amount of land or water shall be set aside and developed for recreational purposes within the TTRVC park: (1.) 200 square feet for each travel trailer and park model lot or campsit e for the first 100 lots or spaces”, to instead allow 100 square feet for the first 100 lots or spaces for recreational purposes.” Petitioner’s Justification: Tract TC of the MPUD is approximately 10.33 acres and includes perimeter landscape buffers and a required 25 foot setback from the eastern property boundary. The LDC requires a minimum of 20 acres for the lot area of a TTRVC Park and requires significantly decreased setbacks compared to the proposed MPUD setbacks. Given the size of Tract TC and the limited developable area, the proposed reduction in recreational area is appropriate to accommodate the TTRVC units. Further, based on the TTRVC park business model, if the park were to be developed, it would generate more convenience type stays, which would be much more temporary in nature. This is intended to allow the recreational vehicle owners to prepare their units for storage and is not intended to act as a typical recreational park. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Landscape and Zoning and Development Review staff recommends APPROVAL of this deviation, finding it in compliance with LDC Section 10.02.13.A.3; the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Proposed Deviation #2: (Recreational Area) “Deviation #2 seeks relief from LDC section 5.05.10 A.3., which states “The following amount of land or water shall be set aside and developed for recreational purposes within the TTRVC park: (3.) one-half (1/2) of the water surface within the park may be credited toward the required recreational area, except that at least 50% of the required recreational area shall be land area” to instead allow at least 10% of the required recreational area as land area.” 17.A.a Packet Pg. 1924 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 16 of 17 Revised: December 13, 2023 Petitioner’s Justification: Tract TC of the MPUD is approximately 10.33 acres and includes perimeter landscape buffers and a required 25 foot setback from the eastern property boundary. The LDC requires a minimum of 20 acres for the lot area of a TTRVC Park and requires significantly decreased setbacks compared to the proposed MPUD setbacks. Given the size of Tract TC, and the limited developable area, the proposed reduction in recreational area is appropriate to accommodate the TTRVC units. Further, based on the TTRVC park business model, if the park were to be developed, it would generate more convenience type stays, which would be much more temporary in nature. This is intended to allow the recreational vehicle owners to prepare their units for storage and is not intended to act as a typical recreational park. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Landscape and Zoning and Development Review staff recommends APPROVAL of this deviation, finding that it is in compliance with LDC Section 10.02.13.A.3; the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety and welfare of the community,” and the petitioner has demonstrated that the deviation is in compliance with LDC Section 10.02.13.B.5.h, “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” AUGUST 1, 2022, NEIGHBORHOOD INFORMATION MEETING (NIM) The applicant conducted a NIM on August 1, 2022, at the Rookery Bay National Estuarine Research Reserve, The Auditorium, located at 300 Tower Road, Naples, FL. The meeting commenced at approximately 5:30 p.m. and ended at 5:50 p.m. Paula McMichael, the agent, conducted a PowerPoint presentation and gave a detailed explanation of the project. The meeting was then opened to attendees for questions. The concerns from the public were landscape buffers, walls, and whether a list of prohibited uses would be available. It should be noted that in subsequent petition submittals, the wall, landscape buffers, and the list of prohibited uses were provided in the PUD document. A copy of the NIM materials is included in Attachment C. AUGUST 22, 2023, NEIGHBORHOOD INFORMATION MEETING (NIM) The second NIM was scheduled because the petition exceeded the first NIM's first anniversary. The applicant conducted a second NIM on August 22, 2023, at the Rookery Bay National Estuarine Research Reserve, The Auditorium, located at 300 Tower Road, Naples, FL. The meeting commenced at approximately 5:30 p.m. and ended at 5:50 p.m. The applicant’s agent, Ellen Summers, gave a PowerPoint and explained the request for the proposed rezoning. The meeting was then opened to attendees for questions. The concerns from the public were an access easement along the entire eastern PUD boundary that needs to be vacated and a request to add lighting and hours of operation on the site plan. Ellen said that they would review these concerns. It should be noted that lighting, hours of operation, and the 60-foot roadway easement to be vacated master plan illustration were added to the PUD document in a subsequent review. A copy of the NIM materials is included in Attachment C. 17.A.a Packet Pg. 1925 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) PUDZ-PL20210001953 NBC RV MPUD Page 17 of 17 Revised: December 13, 2023 ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2 -1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s Office reviewed this staff report on December 13, 2023. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. Attachments: A) Proposed Ordinance B) Code Case – CELU20220011037 correspondence C) Application/Backup Materials 17.A.a Packet Pg. 1926 Attachment: Staff Report - NBC RV MPUD (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) [22-CPS-02220/1841068/1]142 NBC Land Holdings / PL20210001953 1/24/24 Page 1 of 2 ORDINANCE NO. 2024-_____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CREATING A MIXED USE PLANNED UNIT DEVELOPMENT, BY AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM INDUSTRIAL (I), RURAL AGRICULTURAL-RURAL FRINGE MIXED USE DISTRICT- RECEIVING LAND (A-RFMUD-RECEIVING), AND TRAVEL TRAILER-RECREATIONAL VEHICLE CAMPGROUND-RURAL FRINGE MIXED USE DISTRICT-RECEIVING LAND (TTRVC- RFMUD-RECEIVING) ZONING DISTRICTS TO A MIXED USE PLANNED UNIT DEVELOPMENT TO BE KNOWN AS NBC RV MIXED USE PLANNED UNIT DEVELOPMENT, A PORTION OF WHICH REMAINS IN THE RURAL FRINGE MIXED USE DISTRICT-RECEIVING LANDS ZONING OVERLAY, TO ALLOW UP TO 356,000 SQUARE FEET OF GROSS FLOOR AREA OF HEAVY COMMERCIAL AND INDUSTRIAL USES AND UP TO 75 TRAVEL TRAILER-RECREATIONAL VEHICLE CAMPGROUND UNITS ON PROPERTY LOCATED 450± FEET NORTHEAST OF THE INTERSECTION OF BASIK DRIVE AND TAMIAMI TRAIL EAST, 5 MILES EAST OF COLLIER BOULEVARD IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 33.523± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210001953] WHEREAS, Robert Mulhere, FAICP and Ellen Summers, AICP of Hole Montes, a BOWMAN company, and Noel Davies, Esq. of Davies Duke PLLC, representing NBC RV, LLC and NBC North, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. WHEREAS, the Rural Fringe Mixed Use District-Receiving Lands Zoning Overlay is not affected by this rezone. 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 18, Township 51 South, Range 27 East, Collier County, Florida, is changed from an Industrial (I) 17.A.b Packet Pg. 1927 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) [22-CPS-02220/1841068/1]142 NBC Land Holdings / PL20210001953 1/24/24 Page 2 of 2 Zoning District, Rural Agricultural-Rural Fringe Mixed Use District-Receiving Lands (A- RFMUD-Receiving) Zoning District and Travel Trailer-Recreational Vehicle Campground (TTRVC-RFMUD-Receiving) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 34+/- acre project to be known as the NBC RV MPUD, to allow up to 356,000 square feet of gross floor area of heavy commercial and industrial uses and up to 75 travel trailer-recreational vehicle campground units, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The portion of the property within the Rural Fringe Mixed Use District-Receiving Lands Zoning Overlay will remain within the Zoning Overlay. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. 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. 2024-____ becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _____ day of ___________________, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: _____________________________ By: ________________________________ , Deputy Clerk Chris Hall, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments 17.A.b Packet Pg. 1928 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ))1-24-24 Page 1 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx EXHIBIT A NBC RV MPUD LIST OF PERMITTED USES Regulations for development of the MPUD shall be in accordance with the content of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or plat. Where the MPUD Ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. The MPUD establishes three tracts which allow for the following: Tract C – Commercial Uses Tract TC - Travel Trailer Recreational Vehicle Campground (TTRVC) or Commercial Uses Tract I – Industrial Uses and Commercial uses permitted in Tract C. I. Tract C A. Permitted Uses (Commercial Uses) Tract C may be developed with the following C-5 Heavy Commercial zoning district uses, subject to a cumulative maximum gross floor area of 206,000 square feet for commercial uses, which shall also include that area dedicated to outdoor storage yards (see Exhibit A, Section IV of this PUD document for additional uses permitted with restriction): 1. Amusement and recreation services, outdoor (7999, pleasure boat rental, canoe rental, exposition operation, golf driving ranges, moped rental, motorcycle rental, rental of beach chairs and accessories, rental of bicycles, rental of golf carts, rental of rowboats and canoes, and tourist guides only). 2. Auctioneering/auction houses only (groups 7389, 5999). 3. Automobile Parking (7521 including tow-in parking lots, parking structures, parking lots, and automobile parking garages). 4. Boat dealers (5551). 5. Building construction—General contractors and operative builders (1521—1542). 6. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. 7. Facilities support management services (8744). 8. Installation or erection of building equipment contractors (1796). 17.A.b Packet Pg. 1929 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 2 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx 9. Local passenger transportation (4119). 10. Lumber and other building materials dealers (5211). 11. Motor freight transportation and warehousing (4225, mini- and self-storage warehousing only). This use shall not exceed 45 percent of the maximum allowed square footage within Tract C, TC, and I. 12. Outdoor storage yards, provided that the yard adheres to the following: a) The outdoor storage yard shall adhere to the development standards for Tract I. b) The outdoor storage yard shall be located no closer than twenty-five (25) feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to LDC section 4.02.12. c) This provision shall not be construed to allow, as permitted or accessory uses, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand vehicle parts. d) It is the intent of this use to permit the storage of the vehicles (in working order and not to be construed as junk vehicles), boat trailers, trailered vessels, and recreational vehicles. The area identified for storage of these items shall be improved to County standards, covered or uncovered. An exhibit shall be provided at time of SDP delineating the dimensions of storage spaces and meeting the limitation of 40 spaces per acre. e) The storage of construction materials (non-hazardous), storage containers and construction equipment shall not be permitted within Tracts C and TC except as an accessory to an allowed principal use, such as, but not limited to, building construction—General contractors and operative builders (SIC 1521-1542). 13. Plumbing contractors (1711). 14. Recreational vehicle dealers (5561) 15. Retail nurseries, lawn and garden supply stores (5261) 16. Roofing, siding and sheet metal work contractors (1761). 17. Structural steel erection contractors (1791). 18. Tour operators (4725). 19. Utility trailer and recreational vehicle rental (7519). 17.A.b Packet Pg. 1930 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 3 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx 20. Any other principal use which is comparable in nature with the list of permitted uses and consistent with the other Tract C permitted uses, as determined by the Hearing Examiner or Board of Zoning Appeals, pursuant to LDC Section 10.02.06 K. B. Accessory Uses Uses and structures that are accessory and incidental to the uses permitted above, including but not limited to: 1. Detached caretaker’s residence (limited to one residence), subject to LDC section 5.03.05; and 2. Stormwater management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. II. Tract TC A. Permitted Uses Tract TC shall be developed with either the TTRVC use, not to exceed 75 units, or commercial uses identified within Tract C (including those uses located within Exhibit A, Section IV of this PUD document), whichever use is developed first but not both, to be determined at time of SDP or PPL. All uses developed within the Tract TC, with the exception to the TTRVC use shall be limited to the cumulative maximum square footage (206,000 SF) of commercial uses allowed within this PUD. The TTRVC use includes travel trailers, park model travel trailers, pickup coaches, motor homes and other recreational vehicles, as defined in the LDC, and are subject to LDC section 5.05.10. B. Accessory Uses Uses and structures that are accessory and incidental to the uses permitted above, including but not limited to: 1. If Tract TC is developed as a TTRVC Park, the following shall apply: a) One single-family dwelling (not a TTRVC unit) is allowed in conjunction with the operation of the TTRVC park. b) Accessory uses and structures customarily associated with travel trailer recreational vehicle parks, including recreation facilities (both indoor and outdoor), machine carwash for travel trailers and recreational vehicles, administration buildings, service buildings including bathrooms, laundries and similar services for residents of the park, and utilities. c) Accessory uses and structures customarily associated with each TTRVC lot or space, including: 17.A.b Packet Pg. 1931 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 4 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx (i) Enclosed utility/storage area of the same siding material and architectural style as that of the associated recreational vehicles, as defined in the LDC, not to exceed an area of sixty (60) square feet. Any utility/storage area shall be located adjacent to its associated recreational vehicle and made a continuous part of a screened-in porch where such a porch is attached to the vehicle as herein provided. Where utility/storage areas are made a continuous part of a screened-in porch, the area of the utility/storage area may not exceed 25 percent of the area of the screened-in porch or 120 square feet, whichever lesser. The County Manager or designee may administratively approve an exception to accessory structure size limitation where such exception is necessary to allow for accessibility, in accordance with the specifications set forth in Section 4 of the Americans with Disabilities Act (ADA), to accommodate a physically handicapped individual. (ii) For recreational vehicles, as defined in the LDC, fixed by a permanent anchoring system, a screened-in porch elevated or at ground level with a solid roof structure, architecturally compatible with its associated recreational vehicle, not to exceed an area equal to the area of the recreational vehicle to which it is attached. Said screened-in porch shall provide for any site utility/storage space requirements as herein provided and shall not contain any other interior walls. All such screened enclosures must be permitted and constructed according to this Code and applicable building codes. Exterior walls may be enclosed with screen, glass or vinyl windows, except that the storage area shall be enclosed with the same material as the principal unit. 17.A.b Packet Pg. 1932 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 5 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx III. Tract I A. Permitted Uses All uses permitted in Tract C (including those uses located within Exhibit A, Section IV of this PUD document), except for TTRVC uses, may be developed with the following Industrial zoning district uses, subject to a maximum gross floor area of 150,000 square feet for industrial and commercial uses within Tract I, which shall also include that area dedicated to outdoor storage yards (see Exhibit A, Section IV of this PUD document for additional uses permitted with restriction): 1. Agricultural services (0711, excluding chemical weed treatment and weed control, 0721, excluding dusting crops, insect control for crops, spraying for crops, 0722-0724, 0761, 0782). 2. Ancillary plants. 3. Business services (7312, 7313, 7319, 7334 - 7336, 7352, 7361-7389, including auction rooms (5999), subject to parking and landscaping for retail use). 4. Construction—Special trade contractors (1711 - 1761, and 1781-1799). 5. Engineering, accounting, research, management and related services (8711—8748). 6. Essential services, subject to LDC section 2.01.03. 7. Fabricated metal products (3411—3479, 3482—3489, 3491—3499). 8. Food and kindred products (2011—2099, except slaughtering plants). 9. Heavy construction (1611—1629). 10. Industrial and commercial machinery and computer equipment (3511—3599 excluding sludge tables and sewage blocks). 11. Leather and leather products (3131—3199). 12. Local and suburban transit (4111—4173). 13. Lumber and wood products (2426, 2431—2499). 14. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (3812—3873). 15. Miscellaneous manufacturing industries (3911—3999). 16. Miscellaneous repair services (7622—7694) with no associated retail sales. 17. Miscellaneous services (8999). 17.A.b Packet Pg. 1933 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 6 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx 18. Motor vehicle dealers, new and used (5511, 5521). 19. Outdoor storage yards, provided that the yard adheres to the following: a) The outdoor storage yard shall be located no closer than twenty-five (25) feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to LDC section 4.02.12. b) This provision shall not be construed to allow, as permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand vehicle parts. c) It is the intent of this use to permit the storage of construction materials (non - hazardous), storage containers and construction equipment. The area identified for storage of these items shall be improved to County standards, covered or uncovered. An exhibit shall be provided at time of SDP delineating the dimensions of storage spaces and meeting the limitation of 40 spaces per acre. 20. Printing, publishing and allied industries (2711—2796). 21. Rubber and miscellaneous plastics products (3021, 3052, 3053). 22. Shooting range, indoor only (7999). 23. Soap: granulated, liquid, cake, flake, and chip (2841). 24. Textile mill products (2211—2221, 2241—2259, 2273—2289, 2297, 2298). 25. Transportation equipment (3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 26. Transportation services (4724-4783, except 4789 stockyards). 27. Wholesale trade—Durable goods (5012—5014, 5021—5049, 5063—5169, excluding the wholesale of fur cuttings and scraps, wholesale of nonferrous metals scrap, wholesale of rags, wholesale of scavengering, and wholesale of wiping rags, including washing and reconditioning). 28. Wholesale trade—nondurable goods (5111-5159, 5162, 5181, 5182, 5191, except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district, and 5192—5199 excluding the wholesale of cats, dogs, and tropical fish). B. Accessory Uses Uses and structures that are accessory and incidental to the industrial uses permitted above, including but not limited to: 17.A.b Packet Pg. 1934 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 7 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx 1. Caretaker’s residence, limited to one within the PUD, and subject to LDC section 5.03.05. 2. Uses and structures that are accessory and incidental to the uses permitted above. IV. Restricted and Prohibited Uses A. The following uses are permitted but shall not be located closer than 150 feet from the eastern perimeter boundary of the PUD. 1. Within Tract C: a) Automotive repair services (7532 — 7539). b) Automotive services (7549). c) Building cleaning and maintenance services (7349 except chimney cleaning services and telephone booth cleaning). d) Car Wash (7542 detail and hand wash only, except a maximum of one machine car wash may be permitted within the PUD). e) Equipment rental and leasing (7359, industrial truck rental and leasing, and tool rental and leasing only). d) Heavy construction equipment rental and leasing (7353) f) Repair shops and services, not elsewhere classified (7699). g) Truck rental and leasing, without drivers (7513). 2. Within Tract I: a) Agricultural services (0783). b) Automotive repair services (7532-7539). c) Automotive services (7549). d) Building cleaning and maintenance services (7349). e) Car Wash (7542 limited to a maximum of one within the PUD). f) Concrete work (1771). g) Disinfecting and pest control (7342). h) Equipment rental and leasing (7359). 17.A.b Packet Pg. 1935 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 8 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx i) Heavy construction equipment rental and leasing (7353). j) Local trucking without storage; refuse, local collecting and transportation, without disposal (4212). Cutting equipment shall be kept on the western 150 feet of Tract I. k) Repair shops and services, not elsewhere classified (7699). l) Stone, clay, glass, and concrete products (3211, 3221, 3229, 3231, 3241, 3251, 3253, 3255—3275, 3281) Note: SIC Codes 3272 and 3281 allow for recycling of concrete construction debris into usable materials for sale and may require crushing. m) Welding repair (7692). B. The following uses are prohibited within the PUD: 1. Crematories (7261). 2. Drycleaning plants (7216, nonindustrial drycleaning only). 3. Garment pressing, and agents for laundries and drycleaners (7212). 4. Gasoline service stations (5541), with services and repairs as described in section 5.05.05. 5. Chemical and allied products (2812-2899). 6. Petroleum refining and related industries (2911-2999). 7. Textile mill products (2231, 2261-2269, 2295, 2296). 8. Abrasive, Asbestos, and Miscellaneous (3291-3299). 9. Air Curtain Incinerator (ACI). 10. Oil or chemical storage tanks. 17.A.b Packet Pg. 1936 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 9 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx EXHIBIT B NBC RV MPUD LIST OF DEVELOPMENT STANDARDS The table below sets forth the development standards for the uses within the NBC RV MPUD. 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 TRACT I TRACTS TC & C PRINCIPAL STRUCTURES MIN. LOT AREA N/A N/A MIN. LOT WIDTH N/A N/A MIN. FLOOR AREA1 700 S.F. 400 S.F. MINIMUM YARDS (EXTERNAL – MEASURED FROM THE PUD BOUNDARY) NORTH PROPERTY LINE 25’ 25’ SOUTH PROPERTY LINE 10’ 15’ EAST PROPERTY LINE 25’ 25’ WEST PROPERTY LINE 10’ N/A MINIMUM YARDS (INTERNAL- MEASURED FROM INTERNAL LOT LINES) MIN. FRONT YARD 10 FEET 10 FEET MIN. SIDE YARD 15 FEET 15 FEET MIN. REAR YARD 15 FEET 15 FEET MIN. LAKE SETBACK 20 FEET 20 FEET MIN. DISTANCE BETWEEN STRUCTURES 15 FEET or ½ Sum of BH, whichever is greater 15 FEET or ½ Sum of BH, whichever is greater MAX. BUILDING HEIGHT ZONED/ACTUAL 35’/42’ 35’/42’ ACCESSORY STRUCTURES MIN. FRONT YARD SPS SPS MIN. SIDE YARD 10 FEET 10 FEET MIN. REAR YARD 10 FEET 10 FEET MAX. HEIGHT ZONED & ACTUAL SPS SPS SPS = Same as Principal Structures; NTE = not to exceed; S.F. = square feet; BH = building height. Footnotes: 1. Minimum floor area shall be per building; provided, however, that an individual travel trailer, park model travel trailer, pickup coach, motor home and other recreational vehicle shall not be considered a building . 17.A.b Packet Pg. 1937 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 10 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx EXHIBIT C NBC RV MPUD MASTER PLAN 17.A.bPacket Pg. 1938Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 11 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx EXHIBIT D NBC RV MPUD LEGAL DESCRIPTION A PARCEL OF LAND LYING WITHIN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 00°32'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF 340.71 FEET TO THE NORTHEAST CORNER OF TRACT 109, ACCORDING TO THAT CERTAIN WARRANTY DEED DESCRIBED IN OFFICIAL RECORDS BOOK 5724, PAGES 825 AND 826 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THENCE SOUTH 00°32'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18 AND ALONG THE BOUNDARY OF LAST SAID LANDS, A DISTANCE OF 340.71 TO A POINT ON THE BOUNDARY OF THAT CERTAIN CORRECTIVE WARRANTY DEED DESCRIBED IN OFFICIAL RECORDS BOOK 4112, PAGES 3442 THROUGH 3445 (INCLUSIVE) OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING SEVEN (7) COURSES ALONG THE BOUNDARY OF LAST SAID LANDS; COURSE NO. 1: CONTINUE SOUTH 00°32'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF 2,535.00 FEET; COURSE NO. 2: NORTH 89°26'36" WEST, 303.51 FEET; COURSE NO. 3: NORTH 00°33'23" EAST, 60.86 FEET TO A POINT OF CURVATURE; COURSE NO. 4: NORTHERLY, 189.21 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 360.00 FEET, THROUGH A CENTRAL ANGLE OF 30°06'49" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 14°30'01" WEST, 187.04 FEET; COURSE NO. 5: NORTH 29°33'26" WEST, 50.76 FEET TO A POINT ON A NON-TANGENTIAL CURVE; COURSE NO. 6: NORTHERLY, 16.99 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 24°20'01" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 17°22'36" WEST, 16.86 FEET TO A POINT OF REVERSE CURVATURE; COURSE NO. 6: NORTHWESTERLY, 97.58 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 111°48'38" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 61°07'17" WEST, 82.82 FEET; COURSE NO. 7: NORTH 00°30'21" EAST, 1,607.95 FEET TO THE SOUTHEAST CORNER OF UNIT C, NAPLES BIG CYPRESS LAND CONDOMINI UM, A COMMERCIAL CONDOMINIUM, RECORDED IN OFFICIAL RECORDS BOOK 3573, PAGES 1182 THROUGH 1222 (INCLUSIVE) THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE BOUNDARY OF SAID UNIT C; COURSE NO. 1: NORTH 89°29'39" WEST, 200.00 FEET; COURSE NO. 2: NORTH 00°30'21" EAST, 600.00 FEET TO THE SOUTHWEST CORNER OF AFORESAID TRACT 109; THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG 17.A.b Packet Pg. 1939 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 12 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx THE BOUNDARY OF SAID TRACT 109; COURSE NO. 1: NORTH 00°30'21" EAST, 341.86 FEET; COURSE NO. 2: SOUTH 88°10'01" EAST, 657.15 FEET TO THE POINT OF BEGINNING. CONTAINING 1,460,262 SQUARE FEET OR 33.523 ACRES, MORE OR LESS. 17.A.b Packet Pg. 1940 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 13 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx EXHIBIT E NBC RV MPUD LIST OF DEVIATIONS Deviation 1: Deviation No. 1 seeks relief from LDC section 5.05.10 A.1., which states “The following amount of land or water shall be set aside and developed for recreational purposes within the TTRVC park: (1) 200 square feet for each travel trailer and park model lot or campsite for the first 100 lots or spaces”, to instead allow 100 square feet for the first 100 lots or spaces for recreational purposes. Deviation 2: Deviation No. 2 seeks relief from LDC section 5.05.10 A.3., which states “The following amount of land or water shall be set aside and developed for recreational purposes within the TTRVC park: (3) one-half (1/2) of the water surface within the park may be credited toward the required recreational area, except that at least 50% of the required recreational area shall be land area” to instead allow at least 10% of the required recreational area as land area. 17.A.b Packet Pg. 1941 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 14 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx EXHIBIT F NBV RV MPUD LIST OF DEVELOPER COMMITMENTS The purpose of this section is to set forth the development commitments for the development of this project. I. GENERAL A. One entity (hereinafter the Managing Entity) shall be responsible for MPUD monitoring until close-out of the MPUD, and this entity shall also be responsible for satisfying all MPUD commitments until close-out of the MPUD. At the time of this MPUD approval, the Managing Entity is NBC RV 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 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 the County that includes an acknowledgement of the commitments required by the MPUD 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 MPUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of MPUD commitments. B. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. C. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvement and/or upgrades to the wastewater collection/transmission system may be required by the County 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 Manager or designee 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 the issuance of certificate of occupancy for any portion or phase of the development that triggers t he need for such improvements and/or upgrades. D. All other applicable state or federal permits must be obtained before commencement of the development. 17.A.b Packet Pg. 1942 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Page 15 of 15 H:\2021\2021092\WP\PUDZ\Post CCPC Text Updates\NBC RV PUD PL-20210001953 (1-19-2024).docx II. TRANSPORTATION A. The maximum total daily trip generation for the MPUD shall not exceed 151 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. III. ENVIRONMENTAL A. At time of development review, a Black Bear Management Plan will be required. During construction activities, trash will be removed on a regular basis, no less than daily, to deter bears from frequenting the site. Bear proof trashcans will be utilized for all uses within the MPUD. B. The potential for negative human-panther interactions shall be minimized to the greatest extent possible. At time of development review, a Panther Management Plan will be required. IV. LANDSCAPING A. The perimeter landscape buffer located along the eastern PUD boundary shall consist of a 20 foot Type “C” buffer with a minimum 10 foot high concrete wall, constructed on a minimum 1-foot-high berm or at a berm height required by the South Florida Water Management District (SFWMD) Permit or Permit Modification. The required plantings may be located on the west side of the wall, as the adjacent property owners have indicated that they do not wish to have the required landscaping located on the east side of the wall. V. LIGHTING A. All exterior lights within the development shall be no more than 25 feet in height and shall be shielded. VI. HOURS OF OPERATION A. Hours of operation for loading and crushing of concrete shall be limited to 7 am to 6 pm. This limitation shall not include work hours for administrative staff and office personnel, arrival on site of workers, after hours cleaning and maintenance staff. VII. OTHER A. Owner will use dust control for concrete/rock crushing, SIC Code 3272, including water spray systems or comparable state of the art dust control. While the crusher is in operation, the water spray system will be running. The County Manager or designee may approve an alternative technology that provides the same dust control as a water spray system. 17.A.b Packet Pg. 1943 Attachment: Attachment A - Revised Ordinance 012424 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Code Case – CELU20220011037 – Clear-out of vehicles correspondence 17.A.c Packet Pg. 1944 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD 17.A.cPacket Pg. 1945Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD 17.A.cPacket Pg. 1946Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD July 3, 2023 - Status Update – Code Case – CELU20220011037 17.A.c Packet Pg. 1947 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD From: PackardJason Sent: Monday, July 3, 2023 9:17 AM To: FinnTimothy Cc: KlopfParker Subject: RE: Status Update - CELU20220011037 Good Morning Sir, I was gone last week for training on the East Coast, so I am currently in catchup mode on cases. I received an email from Mr. Basik on 6/30 that removal of the cars stored on the east side of the lake has begun. He has advised that approximately 30 vehicles have been removed as of 6/30. As he is actively working on abatement and has been in constant communication throughout the process, we have not taken/scheduled him for hearing at this time.. I anticipate making a site visit shortly to update photos on this case. I will send a copy to you at that time Thank you for your time, Jason Packard Code Enforcement Investigator Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Direct (mobile): 239-380-3777 Main Office: 239-252-2440 Email: jason.packard@colliercountyfl.gov From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Monday, June 26, 2023 4:08 PM To: PackardJason <Jason.Packard@colliercountyfl.gov> Cc: KlopfParker <Parker.Klopf@colliercountyfl.gov> Subject: Status Update - CELU20220011037 Hi Jason, Please see attached documents from Steve Bracci. What is the current status of this code case? From: PackardJason <Jason.Packard@colliercountyfl.gov> Sent: Tuesday, May 23, 2023 8:16 AM To: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Subject: RE: Status Update - CELU20220011037 Good Morning Sir, 17.A.c Packet Pg. 1948 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD Unfortunately I was redirected to G-191 training that day at the EOC, and had to cancel the on site meeting. I reached out to the property owner on the 7th, and he is trying to find time to meet me out there to allow access. I will advise when I get back out there. Thank you, Jason Packard Code Enforcement Investigator Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Direct (mobile): 239-380-3777 Main Office: 239-252-2440 Email: jason.packard@colliercountyfl.gov From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Tuesday, May 23, 2023 8:14 AM To: PackardJason <Jason.Packard@colliercountyfl.gov> Subject: Status Update - CELU20220011037 Hi Jason, Can you give an update on the May 8th re-inspection? From: PackardJason <Jason.Packard@colliercountyfl.gov> Sent: Friday, May 5, 2023 11:26 AM To: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Subject: RE: Status Update - CELU20220011037 Good Morning Sir, The last time I spoke with Mr. Basik, which was at the beginning of April, he had removed the commercial vehicles and some other items on the south and west side of the lake and has relocated them to properly zoned parcels. There were still some containers that needed to be moved and one trailer that the owner had been out of town. In regards to the cars/containers/outside storage that is on the East side of the parcel, he is currently attempting to get a tenant to remove the large number of automobiles/trailers vessels and outside storage that remains on the east side of the parcel. 17.A.c Packet Pg. 1949 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD I have a re-inspection scheduled for Monday May 8th and can provide a further update at that time. Please let me know if you have any questions! Thank you for your time, Jason Packard Code Enforcement Investigator Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Direct (mobile): 239-380-3777 Main Office: 239-252-2440 Email: jason.packard@colliercountyfl.gov From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Friday, May 5, 2023 11:14 AM To: PackardJason <Jason.Packard@colliercountyfl.gov> Subject: Status Update - CELU20220011037 Hi Jason, Can you provide a status update on CELU20220011037? Timothy Finn, Planner III Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.4312 Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 17.A.c Packet Pg. 1950 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD July 11, 2023 - Status Update – Code Case – CELU20220011037 17.A.c Packet Pg. 1951 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD FinnTimothy From: Sent: To: Cc: Subject: Attachments: PackardJason Tuesday, July 11, 2023 2:34 PM FinnTimothy KlopfParker RE: Status Update - CELU2O22001 1037 CE1U20220011037 Reinspection 071120231jp9; CELU2022001'1037 Reinspection 07112023 2jpg Good Afternoon, I was onsite today on Mr. Basik's property. While on site with Mr Basik, the tenant was actively picking up vehicles and removing them from the parcel. Mr. Basik advised that once the tenants items are gone they can start moving the other items off the parcel designated as TTRVC to the properly zoned parcels for such storage. He also advised he is still working with the county on having the TTRVC parcel re-zoned to allow such use He anticipates the tenant to have all of his cars, vessels, trailers and other items off by September He will be providing aerials to show progress. Photo attached from today. Thank you, Jason Packarcl Code Enforcement I nvestigator Growth Management Department 2800 North Horseshoe Drive Naples, F|34104 C-ounty Direct ( mobi I e): 239 -380-37 7 7 Main Office: 239-252-2440 Email : iason.packard@colliercou ntvfl.sov From: FinnTimothy <Timothy. Fin n @col liercountyfl.gov> Sent: Monday, July 3,2023 9:37 AM To: Packa rdJaso n <Jason. Packa rd @collierco u ntyfl.gov> Cc: KlopfParker <Parker. Klopf@colliercou ntyfl.gov> Subject: RE: Status Update - CELU2O22OOL1O37 Thank you Jason From : Packa rdJaso n <J a so n. Packa rd @co I I ie rco u ntyfl.gov> Sent: Monday, July 3,2023 9:17 AM 1 17.A.c Packet Pg. 1952 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD To: Fin nTimothy <Timothv.Finn @colliercountyfl.eov> Cc: KlopfPa rker <Pa rker. Klopf@col liercountyfl.gov> Subject: RE: Status Update - CELU20220011037 Good Morning Sir, I was gone last week for training on the East Coast, so I am currently in catchup mode on cases. I received an emailfrom Mr. Basik on 6/30 that removalof the cars stored on the east side of the lake has begun. He has advised that approximately 30 vehicles have been removed as of 6/30. As he is actively working on abatement and has been in constant communication throughout the process, we have not taken/scheduled him for hearing at this time.. I anticipate making a site visit shortly to update photos on this case. I will send a copy to you at that time Thank you for your time, Jason Paclard Code Enforcement lnvestigator Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 C-aunty Di rect (mobil e): 239 -380-3777 Main Office: 239-252-2440 Email: iason.packard@colliercou ntvfl.gov From: FinnTimothy <Timothy. Finn @colliercountvfl.eov> Sent: Monday, June 26,2023 4:08 PM To: Packa rdJason <Jason. Packa rd @col liercountvfl.gov> Cc: KlopfParker <Parker. Klopf @colliercountvfl.gov> Su bject: Status U pdate - CELU20220011037 Hi Jason, Please see attached documents from Steve Bracci. What is the current status of this code case? From: PackardJason <Jason. Packa rd @colliercountvfl.gov> Sent: Tuesday, May 23,2023 8:16 AM To: FinnTimothy <Timothv. Finn @col liercountvfl.gov> Subject: RE: Status Update - CELU20220011037 Good Morning Sir, Unfortunately I was redirected to G-191 training that day at the EOC, and had to cancel the on site meeting. I reached out to the property owner on the 7th, and he is trying to find time to meet me out there to allow access I will advise when I get back out there. 2 17.A.c Packet Pg. 1953 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD Thank you, Jason Packarrl Code Enforcement lnvestigator Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Coranty Di rect ( mobi I el : 239 -380-3777 Main Office: 239-252-2440 Email: iason.packard@colliercountvfl.gov From: FinnTimothy <Timothv. Finn @colliercou ntyfl.gov> Sent: Tuesday, May 23,2023 8:14 AM To: Packa rdJason <Jason.Packa rd @colliercountvfl.gov> Subject: Status Update - CELU2O22O011037 HiJason, Can you give an update on the May Sth re-inspection? From: PackardJason <Jason. Packa rd @colliercountvfl.gov> Sent: Friday, May 5, 202311:26 AM To: FinnTimothy <Timothv, Finn @col liercountvfl.gov> Subject: RE: Status Update - CE1U20220O1.1037 Good Morning Sir, The last time I spoke with Mr. Basik, which was at the beginning of April, he had removed the commercialvehicles and some other items on the south and west side of the lake and has relocated them to properly zoned parcels. There were still some containers that needed to be moved and one trailer that the owner had been out of town. ln regards to the cars/containers/outside storage that is on the East side of the parcel, he is currently attempting to get a tenant to remove the large number of automobiles/trailers vessels and outside storage that remains on the east side of the parcel. I have a re-inspection scheduled for Monday May 8th and can provide a further update at that time Please let me know if you have any questions! Thank you for your time, Jason Packarcl Code Enforcement lnvestigator Growth Management Department 2800 North Horseshoe Drive Naples, F|34104 3 17.A.c Packet Pg. 1954 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD a,&F", C-ounryfu- Afurc-ounw&- Direct ( mobil e): 239-380-3777 Main Offi ce: 239-252-2440 Email : iason.packard@colliercountvfl.sov From: FinnTimothy <Timothv. Finn @col liercountyfl.sov> Sent: Friday, May 5, 2023 11:14 AM To: Packa rdJ aso n <Ja so n. Pa cka rd @co I I ie rcou ntvf l.gov> Subject: Status Update - CELU2O2200TLO37 Hi Jason, Can you provide a status update on CELU2022OO1.1O37? Timothy Finn, Plonner lll Zoning Division - Zoning Services Section Growth Monogement Deportment Telephone : 239 .252.431 2 Exceeding expecfotions, every doy! Tell us how we are doing by taking our Zoning Division Suruey at https://goo.glleXjvqT. Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. lnstead, contact this office by telephone or in writing. 4 17.A.c Packet Pg. 1955 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD I T hj tr H Ltr'r.3 Itt') C\ofil r flE tf ll tI : . ' .q.tr r t, t r17.A.cPacket Pg. 1956Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence II I {) l/ It {/ !& I I1ffir I I ) t- { a II /17.A.cPacket Pg. 1957Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence July 12, 2023 - Status Update – Code Case – CELU20220011037 17.A.c Packet Pg. 1958 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD FinnTimothy From: Sent: To: Cc: Subject: Attachments: Keith Basik < keith.basik@gmail.com > Wednesday, July 12, 2023 1:O1 PlYl PackardJason FinnTimothy; Steve Bracci; Michelle Bracci; Bob Mulhere; Ellen Summers; Jeff and Kathy Basik Movement of Cars North Area.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi .lason, As mentioned in our drive thru of the property, the tenant, Mickey, had placed L/2 of his cars to the north-- a pproximately 151. Per our mediation agreement, he is to have the cars in that area tota lly off the property by the 15th of July. As of today, he has moved 122 cars, and per the discussion I had with him on the day you were there, he expects to have the remaining 29 vehicles removed. 50 that area will be clear. Also as mentioned, we have other benchmarks that he has to comply with by August 1, September 1, and September 30 (the day he will be totally off the property). We are also working on two other fronts to get the property in compliance. First, we are moving forward with our PUD/SSGMA and will hopefully be past the county staff in the next few weeks. ln such a case, we will try to get before the planning council in September. ln addition, we are preparing SDP| docs to move a detention area that will help us gain more industrial land. Page 1 of the attachment shows the cars that were in that location prior to our court sanctioned agreement. Page 2 shows the remaining cars and the movement of vehicles on tow vehicles off the property. Please don't hesitate to call if you have any questions Tha nks, Keith Keith Basik O: (2391272-4643 keith.basik@email.com '87 West Point 1 17.A.c Packet Pg. 1959 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD t 15\,':il:i ir 'q. ) * ,1" j'l ; ,} $ir''*f, & Er t', 17.A.c Packet Pg. 1960 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD - ,T,IIII I I I I I aY, ! / j 17.A.c Packet Pg. 1961 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD July 14, 2023 - Status Update – Code Case – CELU20220011037 17.A.c Packet Pg. 1962 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD FinnTim From: Subiect: Attachments: Sent: To: Cc: Keith Basik <keith.basik@gmail.com> Friday, )uly 14,2023 3:11 PM PackardJason Jeff and Kathy Basik; Noel Davies; Ellen Summers; Bob Mulhere; FinnTimothy; Steve Bracci; Michelle Bracci Movement of Cars 7-15-23 jpeg EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Jason, Asanupdate,allthecarsthatweremovedtothenorthareaarenowofftheproperty. Sol5lcarsarenowoff. lhave also talked to the tenant and he has already started to move some of his boats. He feels as though he can get to the seados and the other portion of the car inventory within 2 weeks. Let me know if you have any questions. Regards, Keith Keith Basik O: (239) 272-4643 keith.basik@pmail.com '87 West Point 1 17.A.c Packet Pg. 1963 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD I , I V TI 't ' d i lr .IF'I [il )17.A.cPacket Pg. 1964Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence FinnTimothy Sent: To: Cc: From:PackardJason Friday, )uly 14,2023 3:28 PM Keith Basik Jeff and Kathy Basik; Noel Davies; Ellen Summers; Bob Mulhere; FinnTimothy; Steve Bracci; Michelle Bracci RE: Movement of Cars Thank you sir I appreciate the update. lwilltoss it in the case! Thank you for your time, Jason Packarcl Code Enforcement lnvestigator Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Qunty Direct ( mobi I e) : 239 -380-3777 Main Office: 239-252-2440 Email: iason.packard@colliercou ntvfl.sov From: Keith Basik <keith.basik@gmail.com> Sent: Friday, July 1.4,2023 3:11 PM To: Packa rdJa so n <Jason. Packa rd @co llierco u ntyfl.gov> Cc: Jeff and Kathy Basik <jpbafa@aol.com>; Noel Davies <noel.davies@daviesduke.com>; Ellen Summers <EllenSummers@hmeng.com>; Bob Mulhere <BobMulhere@hmeng.com>; FinnTimothy <Timothy.Finn@colliercountyfl.gov>; Steve Braccicsteve@braccilaw.com>; Michelle Bracci<michelle@braccilaw.com> Subject: Movement of Cars EXTERNAL EMAIL:This email is from an externalsource. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Jason, Asanupdate,allthecarsthatweremovedtothenorthareaarenowofftheproperty. So15lcarsarenowoff. lhave also talked to the tenant and he has already started to move some of his boats. He feels as though he can get to the seados and the other portion of the car inventory within 2 weeks. Let me know if you have any questions Regards, Subject: 1 Keith 17.A.c Packet Pg. 1965 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD Keith Basik o: (239) 272-4643 keith.basik@email.com '87 West Point Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response to a public records request, do not send electronic mailto this entity. lnstead, contactthis office by telephone or in writing. 2 17.A.c Packet Pg. 1966 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD September 21, 2023 - Status Update – Code Case – CELU20220011037 17.A.c Packet Pg. 1967 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD From: Jason Packard Sent: Thursday, September 21, 2023 1:18 PM To: Keith Basik; Steve Bracci Cc: Jeff and Kathy Basik; Noel Davies; Ellen Summers; Bob Mulhere; Timothy Finn; Michelle Bracci Subject: RE: Movement of Cars Thank you sir Jason Packard Code Enforcement Investigator Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Direct (mobile): 239-380-3777 Main Office: 239-252-2440 Email: jason.packard@colliercountyfl.gov From: Keith Basik <keith.basik@gmail.com> Sent: Thursday, September 21, 2023 1:16 PM To: Jason Packard <Jason.Packard@colliercountyfl.gov> Cc: Jeff and Kathy Basik <jpbafa@aol.com>; Noel Davies <noel.davies@daviesduke.com>; Ellen Summers <EllenSummers@hmeng.com>; Bob Mulhere <BobMulhere@hmeng.com>; Timothy Finn <Timothy.Finn@colliercountyfl.gov>; Steve Bracci <steve@braccilaw.com>; Michelle Bracci <michelle@braccilaw.com> Subject: Re: Movement of Cars EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Jason, FYI, we have all the cars off the site. In this area, nearly all the boats and seadoos are off, as well. We expect this tenant to have nearly everything off. Let me know if you have any questions. Thanks, Keith On Fri, Jul 14, 2023 at 3:11 PM Keith Basik <keith.basik@gmail.com> wrote: Hi Jason, 17.A.c Packet Pg. 1968 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD As an update, all the cars that were moved to the north area are now off the property. So 151 cars are now off. I have also talked to the tenant and he has already started to move some of his boats. He feels as though he can get to the seados and the other portion of the car inventory within 2 weeks. Let me know if you have any questions. Regards, Keith -- Keith Basik O: (239) 272-4643 keith.basik@gmail.com '87 West Point -- Keith Basik O: (239) 272-4643 keith.basik@gmail.com '87 West Point size=2 width="100%" align=center> Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 17.A.c Packet Pg. 1969 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD Looking North17.A.cPacket Pg. 1970Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence 17.A.cPacket Pg. 1971Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence 17.A.cPacket Pg. 1972Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence October 4, 2023 - Status Update – Code Case – CELU20220011037 17.A.c Packet Pg. 1973 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD From: Sent: To: Cc: Subject: Attachments: Keith Basik <keith.basik@gmail.com> Wednesday, October 4,2023 8:15 AM Jason Packard Steve Bracci; Jeff and Kathy Basik; Noel Davies; Ellen Summers; Bob Mulhere; Timothy Finn; Michelle Bracci Re: Movement of Cars 20230930_09060 1.j peg; 20231002_103935.j pg EXTERNAL Elv4AlL: This email is from an externalsource. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Forgot pictures. Still have some items--some RVs and boats, but his area is totally empty On Tue, Oct3,2023 at 10:11 PM Keith Basik <keith.basik@smail.com> wrote: Hi Jason, As an update, the tenant has officially moved completely out. We have no more cars on the site and his whole area is cleared out. Let me know if you have any questions Keith On Thu, Sep 21, 2023 al 1-:18 PM Jason Packard <Jason.Packard@colliercountvf Lgov> wrote Thank you sir Jason Packard Code Enforcement I nvestigator G rowth Management Department 2800 North Horseshoe Drive Naples, Fl34tO4 Direct ( mobi I e l: 239 -380-37 77 Main Office: 239-252-2440 Email: iason.packard@colliercountvfl.gov 17.A.c Packet Pg. 1974 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD From: Keith Basik <keith.basik@smail.com> Sent: Thursday, September 21,2023 1:16 PM To: Jason Packa rd <Jason. Packard@coll iercountvfl.gov> Cc: Jeff and Kathy Basik <ipbafa@aol.com>; Noel Davies <noel.davies@daviesduke.com>; Ellen Summers <EllenSummers@hmeng.com>; Bob Mulhere <BobMulhere@hmeng.com>; Timothy Finn <Timothv.Finn@colliercountvfl.gov>; Steve Bracci <steve@braccilaw.com>; Michelle Bracci <michelle@braccilaw.com> Subject: Re: Movement of Cars EXTERNAL EI\4A|L: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Jason, FYl, we have allthe cars off the site. ln this area, nearly allthe boats and seadoos are off, as well. We expect this tenant to have nearly everything off. Let me know if you have any questions. Thanks, Keith On Fri, Jul L4,2023 at 3:11 PM Keith Basik <keith.basik@emai > wrote: Hi Jason, Asanupdate,all thecarsthatweremovedtothenorthareaarenowofftheproperty. SoL51 cars are now off. I have also talked to the tenant and he has already started to move some of his boats. Hefeelsasthoughhecangettotheseadosandtheotherportionofthecarinventorywithin 2 weeks. 17.A.c Packet Pg. 1975 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD F ' r i .:i:Lf-:i EF ffr F 17.A.c Packet Pg. 1976 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence I i fi,!l-gis.. .:':"f .l,,r__r;;;q.Tg:i '' trt * ,,'.,..:.i. nl "t[ $ la I tL .I' F :rt. ',. l I 17.A.c Packet Pg. 1977 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence November 2, 2023 - Status Update – Code Case – CELU20220011037 17.A.c Packet Pg. 1978 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD From: Jason Packard Sent: Thursday, November 2, 2023 8:53 AM To: Timothy Finn Subject: RE: Code Case CELU20220011037 Secondary Determination Good Morning Sir, Mr. Basik came into compliance earlier this week and the case was forwarded for closure. It was officially closed 10/30 at 4:18PM. Please let me know if you have any questions Jason Packard Code Enforcement Investigator Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Direct (mobile): 239-380-3777 Main Office: 239-252-2440 Email: jason.packard@colliercountyfl.gov From: Timothy Finn <Timothy.Finn@colliercountyfl.gov> Sent: Thursday, November 2, 2023 8:39 AM To: Jason Packard <Jason.Packard@colliercountyfl.gov> Subject: FW: Code Case CELU20220011037 Secondary Determination Hi Jason, In the below correspondence, it was determined that the above referenced code case has been closed. Is there anything you can send me that I can attach as backup for the Planning Commission to review regarding compliance with this closed case?? Thank you From: Keith Basik <keith.basik@gmail.com> Sent: Tuesday, October 31, 2023 4:43 PM To: Ellen Summers <EllenSummers@hmeng.com>; Bob Mulhere <BobMulhere@hmeng.com>; Justin Ebrite <JEbrite@patriotengco.com>; Noel Davies <noel.davies@daviesduke.com>; Jeff and Kathy Basik <jpbafa@aol.com>; Brian and Heidi Basik <brianscottbasik@gmail.com>; PapaikBD <papaikbd@gmail.com>; Timothy Finn <Timothy.Finn@colliercountyfl.gov> Subject: Fwd: Code Case CELU20220011037 Secondary Determination EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. 17.A.c Packet Pg. 1979 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD All, Our file has been officially closed by Code Enforcement. It is done. Keith ---------- Forwarded message --------- From: Jason Packard <Jason.Packard@colliercountyfl.gov> Date: Tue, Oct 31, 2023 at 3:41 PM Subject: RE: Code Case CELU20220011037 Secondary Determination To: Keith Basik <keith.basik@gmail.com> Looks like it was closed this afternoon at some time. Thank you for your help sir! Jason Packard Code Enforcement Investigator Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Direct (mobile): 239-380-3777 17.A.c Packet Pg. 1980 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD Main Office: 239-252-2440 Email: jason.packard@colliercountyfl.gov Any luck with the sign off? -- Keith Basik O: (239) 272-4643 keith.basik@gmail.com '87 West Point -- Keith Basik O: (239) 272-4643 keith.basik@gmail.com '87 West Point Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 17.A.c Packet Pg. 1981 Attachment: Attachment B - Code Case - CELU202200011037 - Clear-out of vehicles correspondence (27783 : PL20210001953 - NBC RV MPUD 17.A.ePacket Pg. 1982Attachment: Attachment D - Hearing Advertising Sign (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) 17.A.e Packet Pg. 1983 Attachment: Attachment D - Hearing Advertising Sign (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) 17.A.f Packet Pg. 1984 Attachment: legal ad - agenda IDs 27914 & 27783 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on March 12, 2024, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 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 TO CREATE THE EAST TAMIAMI TRAIL MIXED USE SUBDISTRICT BY CHANGING THE DESIGNATION OF PROPERTY FROM AGRICULTURAL RURAL, RURAL INDUSTRIAL DISTRICT AND AGRICULTURAL RURAL, RURAL FRINGE MIXED USE DISTRICT-RECEIVING LANDS TO AGRICULTURAL RURAL, AGRICULTURAL / RURAL MIXED USE DISTRICT, EAST TAMIAMI TRAIL MIXED USE SUBDISTRICT, TO ALLOW UP TO 356,000 SQUARE FEET OF GROSS FLOOR AREA OF HEAVY COMMERCIAL AND INDUSTRIAL USES, AND UP TO 75 TRAVEL TRAILER-RECREATIONAL VEHICLE CAMPGROUND UNITS, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE. THE SUBJECT PROPERTY IS LOCATED 450± FEET NORTHEAST OF THE INTERSECTION OF BASIK DRIVE AND TAMIAMI TRAIL EAST, 5 MILES EAST OF COLLIER BOULEVARD, IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 33.523± ACRES. [PL20210001954] AND 17.A.f Packet Pg. 1985 Attachment: legal ad - agenda IDs 27914 & 27783 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CREATING A MIXED USE PLANNED UNIT DEVELOPMENT, BY AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM INDUSTRIAL (I), RURAL AGRICULTURAL-RURAL FRINGE MIXED USE DISTRICT-RECEIVING LAND (A-RFMUD-RECEIVING), AND TRAVEL TRAILER-RECREATIONAL VEHICLE CAMPGROUND-RURAL FRINGE MIXED USE DISTRICT-RECEIVING LAND (TTRVC-RFMUD-RECEIVING) ZONING DISTRICTS TO A MIXED USE PLANNED UNIT DEVELOPMENT TO BE KNOWN AS NBC RV MIXED USE PLANNED UNIT DEVELOPMENT, A PORTION OF WHICH REMAINS IN THE RURAL FRINGE MIXED USE DISTRICT-RECEIVING LANDS ZONING OVERLAY, TO ALLOW UP TO 356,000 SQUARE FEET OF GROSS FLOOR AREA OF HEAVY COMMERCIAL AND INDUSTRIAL USES AND UP TO 75 TRAVEL TRAILER-RECREATIONAL VEHICLE CAMPGROUND UNITS ON PROPERTY LOCATED 450± FEET NORTHEAST OF THE INTERSECTION OF BASIK DRIVE AND TAMIAMI TRAIL EAST, 5 MILES EAST OF COLLIER BOULEVARD IN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 33.523± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210001953] (See Map Below) A copy of the proposed Ordinances is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management 17.A.f Packet Pg. 1986 Attachment: legal ad - agenda IDs 27914 & 27783 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Yani Fernandez, Deputy Clerk (SEAL) Posted to notices.collierclerk.com on February 21, 2024 17.A.f Packet Pg. 1987 Attachment: legal ad - agenda IDs 27914 & 27783 (27783 : PL20210001953 - NBC RV MPUD (PUDZ)) TamiamiTRLETurinDRBasikDRMontelloLNEHamiltonRDRecyclingWAYTrinity PLRiggs RD!IProjectLocation17.A.fPacket Pg. 1988Attachment: legal ad - agenda IDs 27914 & 27783 (27783 : PL20210001953 - NBC RV MPUD (PUDZ))