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HEX Agenda 10/10/2024COLLIER COUNTY Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 October 10, 2024 1:00 PM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Ailyn.PadronkCollierCountyFL. gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing 3.A. MT29844 Page 1 of 262 ** This item has been continued from the 9/26/2024 HEX Meeting ** Petition No. PDI- PL20240007161— Vanderbilt Commons — Vanderbilt Way and Buckstone Drive - Request for an insubstantial change to Ordinance No. 2019-34, the Vanderbilt Commons Planned Unit Development (PUD), to amend Section 5.17.0 so that the section no longer applies to Lots 5 and 6. The Vanderbilt Commons PUD was originally established as the Carolina Village PUD under Ordinance No. 2005-19, as amended. The PUD name was changed to the Vanderbilt Commons PUD by Ordinance No. 2017-47, as amended. The ±2.51- acre subject property is within the ±14.49-acre PUD and located in the northwest quadrant of the intersection of Vanderbilt Way and Buckstone Drive in Section 34, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: Eric Ortman, Planner III] (Commissioner District 3) (2024-1284) 3.13. MT29788 ** This item has been continued from the 9/26/2024 HEX Meeting *** Petition No. PDI- PL20240004116 — Naples Preserve Villas, LLC - Santa Barbara Boulevard, approximately one-half mile north of Rattlesnake -Hammock Road - Requests an insubstantial change to the Onyx RPUD, Ordinance 16-24 for (1), the modification to Exhibit B Table 1 — Residential Development Standards to add internal development standards for a platted townhouse development; and (2) a deviation from LDC 4.07.02.G.1, Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. The subject 8.72 +/- acre parcel is located on the east side of Santa Barbara Boulevard, approximately one-half mile north of Rattlesnake - Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Timothy Finn, Planner III] (Commissioner District 1) (2024-1283) 3.C. PETITION NO. SV-PL20240005230 — 3747 Tamiami Trail East - Request for a sign variance from the Land Development Code Section 5.06.04.F.4.a. which requires "On Premises Wall Signs" to have a maximum allowable display area for wall signs that shall not be more than 20 percent of the total square footage of the visual fagade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for the subject unit up to 24,999 square feet in area, to instead allow one fascia sign that will be a total of 238.7 square feet for the 21,009 square foot subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 4. (2024-1183) 4. New Business 5. Old Business 6. Public Comments 7. Adjourn Page 2 of 262 10/10/2024 Item # 3.A ID# 2024-1284 MT29844 ** This item has been continued from the 9/26/2024 HEX Meeting ** Petition No. PDI-PL20240007161 — Vanderbilt Commons — Vanderbilt Way and Buckstone Drive - Request for an insubstantial change to Ordinance No. 2019-34, the Vanderbilt Commons Planned Unit Development (PUD), to amend Section 5.17.0 so that the section no longer applies to Lots 5 and 6. The Vanderbilt Commons PUD was originally established as the Carolina Village PUD under Ordinance No. 2005-19, as amended. The PUD name was changed to the Vanderbilt Commons PUD by Ordinance No. 2017-47, as amended. The f2.51-acre subject property is within the ±14.49-acre PUD and located in the northwest quadrant of the intersection of Vanderbilt Way and Buckstone Drive in Section 34, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: Eric Ortman, Planner III] (Commissioner District 3) ATTACHMENTS: Staff Report Vanderbilt Commons Attachment 1 - Proposed PUD Text Changes Attachment 2 - Excerpts from Ord. 19-34 and SDP-PL20190001947 Attachment 3 - Applicant Backup Attachment 4 Legal Ad Sign Posting Page 3 of 262 Z) Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: SEPTEMBER 26, 2024 SUBJECT: PDI-PL20240007161, VANDERBILT COMMONS RPUD APPLICANT/AGENT: Owner: Vanderbilt 951 Apartments, LLC 7742 Alico Road Fort Myers, FL. 33912 REQUESTED ACTION: Agent: Patrick Vanasse The Neighborhood Company 5618 Whispering Willow Way Fort Myers, FL. 33908 The petitioner requests an insubstantial change (PDI) to Ordinance No. 2019-34 for the Vanderbilt Commons Planned Unit Development (PUD) to amend Section 5.17.0 so that the section no longer applies to Lots 5 and 6 (Attachment 1). GEOGRAPHIC LOCATION: The subject parcel f2.7-acre parcel is part of the f15-acre PUD, which is in the northwest quadrant of the intersection of Vanderbilt Way and Buckstone Drive, approximately 1,200 feet west of Collier Boulevard. The property is in Section 34 Township 48 South, Range 26 East, in unincorporated Collier County. (See location map on page 2). PURPOSE/DESCRIPTION OF PROJECT: The Vanderbilt Commons PUD was originally established as the Carolina Village PUD under Ord. 05-19. No amendments were made to the PUD until Ord. 17-47, when, among other items, the PUD name was changed to Vanderbilt Commons. A Site Development Plan (SDP-PL20190001947) for 48 multi -family units on Lots 5 and 6 of the PUD was initially submitted on December 4, 2019, and approved on December 6, 2023. The site plan did not include garages for the ground floor units as required by Ord. 19-34. At the time the SDP was submitted, the property was owned by Vanderbilt Way Apartments, LLC. The property was purchased by the current owner, Vanderbilt 951 Apartments, LLC, on July 14, 2021. Vanderbilt 951 Apartments, LLC constructed the 48 multi -family units pursuant to SDP-PL20190003366; the ground -floor units were constructed without garages. The Final Site Acceptance Letter was issued by the Collier County Development Review on December 6, 2023; a Certificate of Occupancy was issued on February 2, 2024 (Attachment 2). The applicant wishes to remove the commitment that first floor units must Page 4 of 262 have garages for just Lots 5 and 6. This will bring the PUD document to match what has already been approved and constructed. L, %' t1{1} ItaHia a5sn r F � / PROJECT FF LOCATION — 5 15sion Hllls T]R Un m 1 � VCI11C! a c IIII � # y t l'anderh Ya Mit B MM 7 YW L 5 V N, v -1111 4 ZLL Location Map LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties near the portion of the PUD affected by the request. North: Wolf Creek PUD (residential) East: Buckstone Dr., then Mission Hills PUD (commercial) South: Vanderbilt Beach Road, then Estates zoning (residential) West: Wolf Creek PUD (residential) EEK I 1 i ■ A.1 F 0 I � IYIf1� i�Y � � � ii� ii� � � ■ ■ � � Petition Number: PL20240007161 Zoning Map PDI-PL20240007161, Vanderbilt Commons PUD Page 2 of 5 Page 5 of 262 STAFF ANALYSIS: LDC Sections 10.02.13.E.1 and 10.02.13.E.2 set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: LDC Section 10.02.13.E.1: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units, intensity of land use, or height of buildings within the development? No, there is no proposed increase in the number of dwelling units, intensity of land use, or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development greater than 5% of the total acreage previously designated as such, or five acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? No, there is no proposed increase to the size of areas used for non-residential uses and no relocation of non-residential areas. e. Is there a substantial increase in the impacts of the development, which may include, but are not limited to increases in traffic generation, changes in traffic circulation, or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No additional traffic will be generated from this amendment. g. Will the change result in a requirement for increased stormwater retention or otherwise increase stormwater discharge? No, the proposed change is to the ordinance text and will not include any physical changes to the subject property. PDI-PL20240007161, Vanderbilt Commons PUD Page 3 of 5 Page 6 of 262 h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No, the proposed change is to the ordinance text and will not include any physical changes to the subject property; therefore, there will be no impacts to abutting landowners. i. Are there any modifications to the PUD Master Plan or PUD Document or amendments to a PUD ordinance, which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Comprehensive Planning staff determined that Ord. 05-19, the ordinance which approved the PUD was consistent with the FLUE of the GMP. There will be no change in the density or intensity of development and no change in the list of permitted uses. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. §380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or This question is not applicable as the development does not rise to the level of a regional impact. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. No, there is no change to the master plan; there is only a textual change to the PUD document to reflect actions that have already been approved and constructed. LDC Section 10.02.13.E.2: Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 The petition is modifying the requirement for garages to be built for first floor units to reflect what has previously been approved and built. As such, it is an insubstantial change and successfully meets the criteria of LDC 10.02.13 E.1. DEVIATION DISCUSSION: The petitioner is not seeking any deviations. NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM was held at 5:30 p.m. on August 27, 2024, at the Greater Naples Fire Station #73, located at 14575 Collier Boulevard. No members of the public attended in person or via Zoom. PDI-PL20240007161, Vanderbilt Commons PUD Page 4 of 5 Page 7 of 262 RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20240007161. Attachments: 1. Proposed Text Changes to Section 5.17.0 of Ord. 19-34 2. SDP (PL-20190001947), Excerpts from Ord. 19 34, Vanderbilt 951 Apt. Deed 3. Applicant Backup Materials 4. Legal Ad and Sign Posting PDI-PL20240007161, Vanderbilt Commons PUD Page 5 of 5 Page 8 of 262 Attachment 1 Proposed Text Changes to Ord. No. 2019-34 Page 9 of 262 Section 5.17 — Miscellaneous C. In residential -only buildings, except on Lots 5 and 6, garages shall be provided for ground -floor units. Page 10 of 262 Attachment 2 Site Development Plan (PL20190001947) (SDP does not include any garages.) Excerpts from Ord. 19-34 and Deed, Vanderbilt 951 Apartments, LLC Page 11 of 262 Section 5.17 — Miscellaneous C. In residential -only buildings, except on Lots 5 and 6, garages shall be provided for ground -floor units. Page 12 of 262 ORDINANCE NO. 19 - 3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2005-19, AS AMENDED, THE VANDERBILT COMMONS PLANNED UNIT DEVELOPMENT; BY REMOVING THE REQUIREMENT THAT RESIDENTIAL DWELLING UNITS BE LOCATED IN MIXED - USE BUILDINGS WITH COMMERCIAL ON THE FIRST FLOOR AND ALLOWING STAND-ALONE RESIDENTIAL BUILDINGS; BY REDUCING THE DENSITY TO 53 DWELLING UNITS; BY REVISING THE MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 14.49+/- ACRES, IS LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 1/4 MILE WEST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20180003366] WHEREAS, on April 26, 2005, the Board of County Commissioners approved Ordinance No. 2005-19, which established the Carolina Village Planned Unit Development (PUD); and WHEREAS, on December 12, 2017, the Board of County Commissioners approved Ordinance No. 17-47, which changed the name of the PUD to Vanderbilt Commons PUD among other changes; and WHEREAS, Lindsay F. Robin, MPA of Waldrop Engineering, P.A. and Jeffrey Wright of Henderson, Franklin, Starnes and Holt, P.A. representing Vanderbilt Way Apartments, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2005-19, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to the PUD Document attached as Exhibit A to Ordinance Number 2005-19, as amended, now known as Vanderbilt Commons Planned Unit Development. The PUD Document attached as Exhibit A to Ordinance Number 2005-19, as amended, now known as Vanderbilt Commons Planned Unit Development, is hereby amended and replaced with the PUD Document attached hereto as Exhibit A. [19-CPS-01878/1497474/1] 104 Page 1 of 2 Vanderbilt Commons /PUDA-PL20180003366 9/12/19 Page 13 of 262 Ord. 19-34 5.15 LIGHTING Lighting provided at the rear of any building and structure adjacent to the Black Bear Ridge Subdivision, for development on lots 5 and 6, (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) shall be in the form of shielded structure mounted sconces. These shielded structures shall be placed no higher than 10- feet measured from finished floor of the building or structure. The areas identified shall be free of "pole lighting". 5.16 ADDITIONAL SCREENING Owner(s) shall construct a 6-foot wall at the rear of lots 5 and 6; abutting the Black Bear Ridge Subdivision (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County). No wall will be located along Tract C, the Preserve Area. 5-17 MISCELLANEOUS A. B- � .-i .� • �. �. - ., .� - - .- a -. a If all residential is built on Lots 5 & 6, the remaining unbuolt commercial square footage-ofthe Vanderbilt shall not exceed 175,000 square feet, All other - or federalpermits musl be obtained before •oo-n-u-nof the •- - •.u-� Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Sia--r*t#items have been deleted, Items Underlined have been added Page 23 of 23 Page 14 of 262 C�ofler C A014n Growth Management Department Development Review Division December 06, 2023 Atwell Group 28100 Bonita Grande DR #305 Bonita Springs, FL 34135 Re: Final Site Acceptance Letter Project Number: PL20190001947 Project Name: Vanderbilt Way Apartments (SDP) Dear Applicant: Development Review Staff has reviewed the final certifications and record drawings for this project; conducted an onsite inspection on 11/29/2023; and determined your project's final acceptance as it is in substantial conformance with approved plans, permits, and specifications. As the Engineer of Record, you are obligated to familiarize the owner with the operation of the infrastructure components of the site. The owner is responsible for site maintenance. If you should have any questions or if we may be of assistance, please advise us at 239- 252-2417. Sincerely, Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 Page 15 of 262 ZaHHS 2IHAO3 £ $ 9 H rv'= OII`SLNaYIL2IVdV AVM lIIEmaQNVA;LNaIIo Hav 9NIUz N19N3 S.L1�I9Y l-dVdd AVAM I TI"aC[�IVA t c 1 I SNV'IdJMaWdOUAaaalIS �sHos.,3 s I 3 E o� a oa aem c � 3 F- Kco s �W o z w w Q �0 N 00 z =gym W M o$°°l Q Q.) W M--I opI s 1 N w QO UO w r. O 4 d� O O - - a N N O CO (3) 0) m 0- OTI`SIXaV I-UVdV AVM. TEM9QNVA;LNHIIO 9N1l133N19N3 S LX9WI- VcIV AVAM .L'Tl"aC[KVA N SNV'Id.LNHNIdO'IHAHQ H.LIS ,_.s OIS1.,3 Z 3o a a°ate, �._ s w _ T� nS> 3AIi103NO15NOf19 �- aw �i rc 6� E a ?p w -=\ y k rcru rc w I ¢ 3 5 3z 4 e I SV321V 103rotl 8 ? C ? 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Denti, Esquire KEVIN A. DENTI, P.A. 2180 Immokalee Road — Suite 4316 Naples, Florida 3 4110 1, " Telephone: 239-26o-u I ;.Y Consideration: Documentary Stamp Parcel I.D. Number #: 7927180016 "arid 79271800183 Above Space for Clerk's Use Only WA2RANTY DEED THIS INDENTURE, made th s`," day of July, 2021, by and between VANDERBILT WAY APARTMENTS ,, LL,C, a Florida limited liability company, whose post office address is 3838 Tamiami TrailNorth, Naples, Florida 34103, "GRANTOR", and VANDERBILT 951 APARTMENTS, .C, a ,Florida limited liability company, whose post office address is 7742 Alico Road, Fort Mye, Florida 33912, "GRANTEE". WITNESSETH, that said GRANTOR, forXi4jftconsideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable consi etiaii„ to said GRANTOR in hand paid by said GRANTEE, the receipt whereof is hereby acknowledgehas granted, bargained, and sold to the said GRANTEE, and GRANTEE'S heirs and assigns arever, she following described real property situate, lying and being in Collier County, Florida, to wit .; ex Lots 5 and 6, Vanderbilt Commons, according to the plaiiereof recorded in Plat Book 60, Pages 31 and 32, of the Public Records of Collier. -Courit3 , Florida. SUBJECT to easements, restrictions and reservations c0 mrr�0 to;the subdivision, oil, gas and mineral rights of record, if any, and real estate taxes for calendar scar, 021 and all subsequent years. TOGETHER with all the tenements, hereditaments, and appurterianc hreto belonging or in anywise appertaining. GRANTOR does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. Page 20 of 262 *** OR 5982 PG 1475 *** Signed, sealed, and delivered in the presence of: Witness # 1 Print 1jape Below Witness Print Name Below STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument dati; presence or [ ] online notarization t Mana er of VANDERBILT WAY AP) [Zj,who is personally known to me or [ identification. pY>�' MICHAELAJ. BLANCHARD Commission # GG 946658 =;,>P Expires May 12, 2024 FOF,Ft°j Bonded Thru Troy fain Insurance 800-385.7019 SAClientsWanderbilt Way Apartments\Hacienda Lakes\Warranty Deed VANDERBILT WAY APARTMENTS, LLC, a Florida limited liability company By: Ralph R. Cioffi, Jr., Mana r sdged before me by means of [-,J"physical day of July, 2021, by Ralph R. Cioffi, Jr., as vTS, LLC, a Florida limited liability company, b�ts produced as Y PUBLIC ED NAME OF NOTARY SSION EXPIRES: 5 Page 21 of 262 THE NEIGHBORHOOD COMPANY June 7, 2024 Mr. Ray Bellows Collier County Growth Management Community Development Department Zoning Division 2800 North Horseshoe Drive Naples, FL 34104 Subject: Vanderbilt Commons PDI Planned Unit Development Insubstantial Change (PDI) PL20240009135 Submittal 1 Dear Mr. Bellows: The Neighborhood Company is pleased to submit, on behalf of our client, this Planned Unit Development Insubstantial Change (PDI) Application for the Vanderbilt Commons PUD located at the intersection of Vanderbilt Beach Road and Collier Boulevard. The following items are included pursuant to the application checklist: 1. Completed PDI Application 2. Pre -Application meeting waiver email from Michael Bosi 3. Project Narrative 4. Current Master Plan (see Current PUD Ordinance 2019-34) 5. Vanderbilt Commons PUD document with strikethrough and underline changes 6. Current PUD Ordinance 2019-34, as amended 7. Warrantee Deed 8. Legal Description (see Warrantee Deed) 9. Vanderbilt Commons Subdivision Plat 10. Affidavit of Authorization 11. Completed Addressing Checklist 12. Property Ownership Disclosure Form 13. Location Map We look forward to your review and are available to answer questions related to this application. Sincerely, The Neighborhood Company Patrick Vanasse, AICP Page 1 of 2 5618 Whispering WillowWay, Fort Myers, FL 33908 1 239.398.2016 www.theneighborhood.company Page 22 of 262 Attachments: Application Submittal Requirements (listed above) cc: David Torres Alex Licata Page 2 of 2 5618 Whispering Willow Way, Fort Myers, FL 33908 1 239.398.2016 www.theneighborhood.company Page 23 of 262 C o 7E3Y County Growth Management Community Development Department INSUBSTANTIAL CHANGE to PUD (PDI) LDC Section 10.02.13 Chapter 3.E of the Administrative Code Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Pursuant to LDC subsection 10.02.13, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.2 and shall require the review and approval of the Hearing Examiner or Planning Commission. The approval shall be based on the findings and criteria used for the original application. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Vanderbilt 951 Apartments LLC Name of Applicant if different than owner: Address: 7742 Alico Road Telephone: E-Mail Address: City: Cell: Name of Agent: Patrick Vanasse, AICP Firm: The Neighborhood Company Fort Myers state: FL Zip: 33912 Address: 5618 Whispering Willow Way city: Fort Myers state: FL Zip: 33908 Telephone: 239-398-2016 Cell: 239-398-2016 E-Mail Address: Pv@theneighborhood.company DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E. Insubstantial Change to PUD (PDI) 4/12/24 Page 1 of 4 Planning and Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.colliercountvfl.aov Page 24 of 262 PUD NAME: Vanderbilt Commons ORDINANCE NUMBER: 2019-34 FOLIO NUMBER(S): 79271800167 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map ortext change. Does amendment comply with the Growth Management Plan? ❑� Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes ❑� No If yes, in whose name? Hasany portion of the PUD been ❑ SOLD and/or�✓ DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑� Yes ❑ No If yes, please describe on an attached separate sheet. See attached Project Narrative & Evaluation Criteria Insubstantial Change to PUD (PDI) 4/12/24 Page 2 of 4 Page 25 of 262 SUBMITTAL REQUIREMENTS The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre -Application Meeting notes Project Narrative, including a detailed description of proposed changes and why amendment is necessary Current Master Plan & 1 Reduced Copy Revised Master Plan & 1 Reduced Copy Revised Text and any exhibits PUD document with changes crossed through & underlined ✓Ll PUD document as revised with amended Title Page with Ordinance # ✓ Warranty Deed ✓ Legal Description of area of amendment ✓ Boundary survey, no older than 6 months, if boundary of original PUD is amended ✓ If PUD is platted, include plat book pages �✓ Affidavit of Authorization, signed & notarized Completed Addressing Checklist , no older than 6 months Property Ownership Disclosure Form Copy of 8 % in. x 11 in. graphic location map of site Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Insubstantial Change to PUD (PDI) 4/12/24 Page 3 of 4 Page 26 of 262 PLANNERS —INDICATE IF THE PETITION NEEDS TO BE ROUTED TOTHE FOLLOWING REVIEWERS: 1-1School District (Residential Components): ❑ Bays h ore/G ateway Triangle Redevelopment: Executive Director ❑ Utilities Engineering: ❑ Parks and Recreation: Emergency Management: Naples Airport Authority ❑ Conservancy of SWFL: ❑ Immokalee Water/Sewer District: ❑ City of Naples: ❑ Other: FEE REQUIREMENTS 7-71 0✓ PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre -Application Meeting: $500.00 0✓ Estimated Legal Advertising fee forthe Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. Please submit the completed application online via GMCD Public Portal. If you need assistance submitting the application or help with payment online, please review the E-Permitting Guides and Online Payment Guide. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent/Owner Signature Date Patrick Vanasse, AICP Applicant/Owner Name (please print) Insubstantial Change to PUD (PDI) 4/12/24 Page 4 of 4 Page 27 of 262 From: Michael Bosi To: Rachel Hansen; Ray Bellows Subject: RE: Vanderbilt Commons PUD - PDI pre-app waiver Date: Tuesday, May 14, 2024 8:28:48 AM Attachments: imaae002.ona CountyLoao-FullColor 948165c4-9665-4lb4-9162-fbbl6abff557.rng Facebook 0522f546-5e75-4698-95f9-fl5590a3defe.ona Instaaram a8da4774-4b5b-4adl-8d23-20e69b3b605d.ona X-Twitter 8d678efc-bdl4-44ce-97cf-7fbab1003b00.ona Youtube 0078f7fl-7789-4afd-a015-50689felf99b.ono 311IconforSianature 87c558eb-83f5-449b-87cl-3cc5ac8b0859.ona Rachel, Please utilize this e-mail to substitute for the required pre-app meeting. The proposed PDI application can be submitted without the pre-app. Sincerely, Mike Mike Bosi, AICP Director of Zoning 239-252-1061— office 239-877-0705- cell Michael Bosi AICP Division Director - Planning & Zoning Zoning Office:239-252-1061 Mobile:239-877-0705 2800 North Horseshoe drive Naples, Florida 34104 Michael. Bosik�colliercountyfl.aov From: Rachel Hansen <rh@theneighborhood.company> Sent: Tuesday, May 14, 2024 8:26 AM To: Ray Bellows <Ray.Bellows@ col Iiercountyfl.gov> Cc: Michael Bosi <Michael.Bosi@colliercountyfl.gov> Subject: Vanderbilt Commons PUD - PDI pre-app waiver it Collier County © acom 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 Ray, I'm working on a PDI for Vanderbilt Commons PUD and we would like to request a pre-app waiver. Based on Laurie Beard's email below, the PDI application was a directive from Mike in order to remove the commitment to provide garages for residential -only ground floor units. Thank you and hope you're doing well! THE NEIGHBORHOOD COMPANY -LAND PLANNING + DESIGN- RACHEL HANSEN, AICP Land Use Planner 614-306-0678 wwwAheneig hborhood. comoa ny Page 28 of 262 From: Laurie Beard <Laurie.Beard(a colliercount fv I.gov> Sent: Thursday, May 9, 2024 9:51 AM To: David E. Torres <David(@Torrescompan ies.com> Cc: Michael Bosi <Michael,Bosi (@colliercountvfl.eov>; Lisa Blacklidge <Lisa.Blacklidge(@colliercountyfl.gov> Subject: Vanderbilt Commons PUD Good morning and Happy Thursday! I was out doing site inspections the other week and stopped by the new apartment building in the Vanderbilt Commons PUD. (Bellavista At Vanderbilt Way). We have a slight problem with the building. The site development plan, PL20120001947, showed garages on the first two plan reviews. In revision three, the garages were taken out and additional units were added. Unfortunately, no one caught this change that is actually a PUD Ordinance requirement. (There was no mention of this change in the letter accompanying the revision.) In Section 5.17, item C of Ordinance 19-43, it states: In residential -only buildings, garages shall be provided for ground -floor units. (Shall is the key word here.) So, now the PUD is out of compliance. I have spoken with Mike Bosi, the Division Director of Zoning, and he has stated that in order to correct this situation you will need to apply for a PDI to remove this commitment. Please let me know when you will be applying for the PDI. Thank you. Laurie Beard Project Manager II PUD Monitoring, GMD 2800 N. Horseshoe Drive Naples, FL 34104 Laurie. BeardOColl ierCountyFL.gov Phone:(239)-252-5782 k'WWER C M Y'y Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Page 29 of 262 THE NEIGHBORHOOD COMPANY VANDERBILT COMMONS MPUD Planned Unit Development Insubstantial Change (PDI) PROJECT NARRATIVE & EVALUATION CRITERIA BACKGROUND & REQUEST The Vanderbilt Commons Lots 5 and 6 property comprises ±2.51 acres of the Vanderbilt Commons Mixed Use Planned Unit Development (MPUD). It is located at the northwest corner of Vanderbilt Way and Buckstone Drive, approximately one -quarter mile west of the intersection of Collier Boulevard and Vanderbilt Beach Road in unincorporated Collier County, Florida. The property's future land use designation is Urban Mixed Use District, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict and it is zoned Vanderbilt Commons MPUD (Ordinance 2005-19, as amended). The MPUD currently allows a maximum of 53 residential dwelling units and 200,000 square feet of gross leasable area of commercial uses. To date, 48 residential units and 164,406 SF of commercial have been developed. During the approval of PUD amendment PL20180003366 (Ord. 2019-34) which permitted residential -only development on Lots 5 and 6, multiple conditions were placed on residential -only development. Included in these conditions was developer commitment 5.17.C, which requires that garages be provided for ground - floor residential units. Site Development Plan (SDP) PL20190003366 was approved in 2020 for Lots 5 and 6 with 48 multi -family units (known then as Vanderbilt Way Apartments under previous ownership) but did not include garages for the ground -floor units as required by Ord. 2019-34. The applicant, Vanderbilt 951 Apartments, LCC, purchased the property subsequent to SDP approval and constructed the Bellavista at Vanderbilt Way Apartments pursuant to SDP 20190003366, as amended, without garages for ground -floor units. A Final Site Acceptance letter was issued by Collier County Development Review on December 6, 2023 and a Certificate of Occupancy was issued on February 2, 2024. To be compliant with Ord. 2019-34 and as directed by Collier County staff, the applicant is requesting an insubstantial change to the Vanderbilt Commons MPUD to amend condition 5.17.0 so that it does not apply to Lots 5 and 6. The proposed request has no impact on the approved Master Plan and is compliant with the insubstantial change criteria per LDC Section 10.03.13 E. COMPLIANCE WITH LDC SECTION 10.02.13 E a. A proposed change in the boundary of the PUD; This request does not include a change in the boundary of the PUD. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; This request does not increase the residential density or commercial intensity of the PUD. The 48 multi -family units that were built pursuant to SDP 20190001947 is below the maximum 53 units permitted by the PUD. Vanderbilt Commons PDI Page 1 of 3 Submittal #1 06/07/2024 5618 Whispering Willow Way, Fort Myers, FL 33908 1 239.398.2016 www.theneighborhood.company Page 30 of 262 c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; There is no proposed change in preservation, conservation, recreation, or open space areas within the PUD. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; There is no proposed change in the size of areas used for nonresidential uses. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; This request will not change the impact of the development, which was already constructed pursuant to an approved SDP. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; This request does not propose a change in land use activities and will not generate a higher level of vehicular traffic. The 48 multi -family units that have already been constructed will generate a lower number of trips than the 53 units permitted by the PUD. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; This request will not require increased stormwater retention and will not cause increased stormwater discharge. The Bellavista at Vanderbilt Way apartments met all stormwater permitting requirements as part of the Collier County permitting process. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The removal of the requirement for garages for ground floor units in Lots 5 and 6 does not change the residential land use of the existing apartment complex and therefore does not create incompatibility between land uses. Compatibility with surrounding uses was addressed at the time of the PUDA to allow residential -only development. Additionally, planning best practices suggest that multi -family housing represents an ideal transition from the single-family development north of the subject property to the commercial development within the MPUD. Vanderbilt Commons PDI Page 2 of 3 Submittal #1 06/07/2024 5618Whispering WillowWay, FortMyers, FL 33908 1 PHONE NUMBER www.theneighborhood.company Page 31 of 262 Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; This request is consistent with the Growth Management Plan. The Future Land Use Element does not regulate design standards for the Vanderbilt Commons MPUD and the change has no impact on permitted density. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; The Vanderbilt Commons MPUD is not within a DRI. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. The change is not considered a substantial modification to the PUD document and may be processed as an insubstantial change pursuant to LDC Section 10.02.13. Vanderbilt Commons PDI Submittal #1 06/07/2024 Page 3 of 3 5618Whispering WillowWay, FortMyers, FL 33908 1 PHONE NUMBER www.theneighborhood.company Page 32 of 262 VANDERBILT COMMONS MPUD Planned Unit Development Insubstantial Change (PDI) PROPOSED PUD TEXT CHANGES 5.17 MISCELLANEOUS A. 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. B. In residential -only buildings, dwelling units shall be rented for no less than 12-month periods. C. In residential -only buildings, except on Lots 5 & 6, garages shall be provided for ground -floor units. D. In residential -only buildings, only two and three bedroom units shall be permitted. Two -bedroom units shall be a minimum of 800 square feet and three -bedroom units shall be a minimum of 1,200 square feet. E. In residential -only buildings, no exterior balconies are permitted. F. In residential -only buildings, ground -floor patios will be located on the south side of the building. G. If all residential is built on Lots 5 & 6, the remaining unbuilt commercial square footage of the Vanderbilt Commons MPUD would not be used beyond that which is permitted as of the effective date hereof, and shall not exceed 175,000 square feet. All other state or federal permits must be obtained before commencement of the development. Project Name Submittal #1 06/07/2024 Page 1 of 1 5618Whispering WillowWay, FortMyers, FL 33908 1 PHONE NUMBER www.theneighborhood.company Page 33 of 262 ORDINANCE NO. 19 - 3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2005-19, AS AMENDED, THE VANDERBILT COMMONS PLANNED UNIT DEVELOPMENT; BY REMOVING THE REQUIREMENT THAT RESIDENTIAL DWELLING UNITS BE LOCATED IN MIXED - USE BUILDINGS WITH COMMERCIAL ON THE FIRST FLOOR AND ALLOWING STAND-ALONE RESIDENTIAL BUILDINGS; BY REDUCING THE DENSITY TO 53 DWELLING UNITS; BY REVISING THE MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 14.49+/- ACRES, IS LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 1/4 MILE WEST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20180003366] WHEREAS, on April 26, 2005, the Board of County Commissioners approved Ordinance No. 2005-19, which established the Carolina Village Planned Unit Development (PUD); and WHEREAS, on December 12, 2017, the Board of County Commissioners approved Ordinance No. 17-47, which changed the name of the PUD to Vanderbilt Commons PUD among other changes; and WHEREAS, Lindsay F. Robin, MPA of Waldrop Engineering, P.A. and Jeffrey Wright of Henderson, Franklin, Starnes and Holt, P.A. representing Vanderbilt Way Apartments, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2005-19, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to the PUD Document attached as Exhibit A to Ordinance Number 2005-19, as amended, now known as Vanderbilt Commons Planned Unit Development. The PUD Document attached as Exhibit A to Ordinance Number 2005-19, as amended, now known as Vanderbilt Commons Planned Unit Development, is hereby amended and replaced with the PUD Document attached hereto as Exhibit A. [19-CPS-01878/1497474/1] 104 Page 1 of 2 Vanderbilt Commons /PUDA-PL20180003366 9/12/19 Page 34 of 262 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2019-33 becomes effective. PASSED AND DULY ADOPTED br-majority vote of the Board of County Commissioners of Collier County, Florida, this day of 0 C,tt LC ( , 2019. ATTEST: CRYSTAL K. KINZEL, CLERK ., Nlt851 as to ChalrMarnepu`}y Cher y signature only. ) Approved as to form and legality: Q I 'Irl Heidi As ton-Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS CO/LLLIE,R LORIDA By: Wf iam L. McDaniel, Jr., Ch6irman Attachment: Exhibit A — PUD Document (including Revised Master Plan) [19-CPS-01878/1497474/1] 104 Page 2 of 2 Vanderbilt Commons /PUDA-PL20180003366 9/12/19 This ordinance filed with tt:c S crgtory of State's Office 0e t 1 L(A doy off end acknowledgement of that filing re erred this �`�day of �� ,_ 5 ,17 Page 35 of 262 VANDERBILT COMMONS A MIXED USE PLANNED UNITDEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE VANDERBILT COMMONS MIXED USE PUD, A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. PREPARED FOR: VANDERBILT COMMONS WAY APARTMENTS, LLC 2950 TAMIAMI TRAIL NORTH NAPLES, FL34103 GEORGEVUKOBRATOVICH AS SUCCESSOR TRUSTEE OF THE VANDERBILT COMMONS I LAND TRUST DATED 8/1/16 C/O WELSH COMPANIES FL INC. 29.50 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 VANDERBILT COMMONS OWNER'S ASSOCIATION, INC. C/O WELSH COMPANIES FL, INC. 2950 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 7205 VANDERBILT WAY, LLC PTA-CS#5406 PO BOX 320M ALEXANDRIA VA 22320 Mt1111 Ill Lyj 110 LTA 1 EMU Ok M1 Z4 ■ 1042 11 1 Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Stri--Gk thr items have been deleted, Items Underlined have been added Page 1 of 23 Page 36 of 262 LINDSAY F. -O: WALDROP ENGINEERING :• and ANDERSON GHEFFY . ,. . . _ .. .• ■. 2 JEFF WRIGHT HENDERSON, FRAKLIN. STARNES & HOLT. P.A. 8889 PELICAN BAY BLVD, NAPLES FL 34108 DATE FILED August 9, 2004 DATE REVISED April 9, 2005, October 6, 2017, March X, 2019 DATE REVIEWED BY CCPC April 7, 2005, October 5, 2017. X DATE APPROVED BCC April 26, 2005, December 12, 2017, ORDINANCE NUMBER 2005-19 AMENDMENTS AND REPEAL Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Strunk through items have been deleted, Items Underlined have been added Page 2 of 23 Page 37 of 262 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE -15 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3Z SECTION II PROJECT DEVELOPMENT REQUIREMENTS 610 SECTION III MIXED USE AREA PLAN 912 SECTION IV PRESERVE AREA PLAN 47-12 SECTION V DEVELOPMENT COMMITMENTS 4-9-20 Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Struck t#re�gf; items have been deleted, Items Underlined have been added Page 3 of 23 Page 38 of 262 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD MASTER PLAN/UTILITIES/WATER MANAGEMENT PLAN EXHIBIT "B" CROSS SECTIONS FOR PUD MASTER PLAN EXHIBIT "C" VANDERBILT COMMONS LEGAL DESCRIPTION EXHIBIT"D" LOCATION MAP EXHIBIT "E" BOUNDARY SURVEY TABLE I DEVELOPMENT STANDARDS Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 StFUGk thredgh items have been deleted, Items Underlined have been added Page 4 of 23 Page 39 of 262 STATEMENT OF COMPLIANCE The development of approximately 14.49 acres of property in Collier County, as a Mixed Use Planned Unit Development to be known as Vanderbilt Commons Mixed Use PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial and residential facilities of the Vanderbilt Commons Mixed Use PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the 14.49-Acre Expansion Area of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict land use designation, as identified on the Future Land Use Map -and as described in the Vanderbilt Beach/Collier Boulevard Commercial Sub -District of the Urban -Mixed Use District in the Future Land Use Element . The Future Land Use Element permits commercial and residential land uses in this area and this Mixed -Use PUD complies with both the commercial and residential development standards within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Expansion Area. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's commercial intensity as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Policy 3.1.Gofthe Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 7. The project is located within the 14.49 - Acre Expansion Area of the, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, on the Future Land Use Map. The 53 53 proposed units and resultant resultant density of 3M 4:� dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Maximum Permitted Density 16 dwelling units/acre Maximum permitted units, per the Density Rating System of the Collier County Growth Management Plan = } 14.49 acres x 16 dwelling units/acre = 231 as the maximum number of dwelling units at a maximum density of 15.94 dwelling units/ acre . Maximum Approved dwelling units = 53 5a. Requested density = 4-93-3_BL dwelling units/acre. Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Strunk. threagl3 items have been deleted, Items Underlined have been added Page 5 of 23 Page 40 of 262 8. All final local development orders for this project are subject to Division 6.02, Adequate Public Facilities Requirements. of the Collier County Land Development Code. Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Strurk tlredgh items have been deleted, Items Underlined have been added Page 6 of 23 Page 41 of 262 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Vanderbilt Commons Mixed Use PUD. 1.2 LEGAL DESCRIPTION The subject property being 14.49 acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described on Exhibit "C". 1.3 PROPERTY OWNERSHIP The subject property is owned by: Vanderbilt Apartments Com ens, LLC 2950 Tamiami Trail North STE 200 Naples, FL 34103 George Vukobratovich, as Successor Trustee of the Vanderbilt Commons I Land Trust dated 8/1 /16 c/o Welsh Companies FL, Inc. 2950 Tamiami Trail North, Suite 200 Naples, FL 34103 Vanderbilt Commons Owner's Association, Inc. c/o Welsh Companies FL, Inc. 2950 Tamiami Trail North, Suite 200 Naples, FL 34103 1• Alexandria, 1 • - Mr-00-133 Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Stras{chritems have been deleted, Items Underlined have been added Page 7 of 23 Page 42 of 262 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road approximately one - quarter mile west of Collier Boulevard (unincorporated Collier County), Florida. 1.5 PHYSICAL DESCRIPTION The Project site is located within the Harvey Drainage Basin , according to the Collier County Drainage At las. The proposed outfall for the Project is to the Vanderbilt Canal. Natural ground elevation varies from 12.3 to 13.2 NGVO; average site elevation is about 12.6 NGVO. The entire site is located within FEMA Flood Zone " X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25-year . 3-day peak flood stage. Water quality pretreatment will be accomplished by an on -sit a lake system prior to discharge south into the Vanderbilt Canal or discharge north into the Black Bear Ridge Subdivision water management system and eventual southerly discharge into the Vanderbilt Canal. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevation s, water quality pre-treatment. and wetland hydrology maintenance. Per the Natural Resource Conservation Service Soils Mapping for Collier County dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand. Limestone Substratum. Site vegetation consists predominantly of improved pasture grasses, except a narrow strip of native vegetation along the north property line which is pine cypress - cabbage palm forest. 1.6 PROJECT DESCRIPTION The Vanderbilt Commons Mixed Use PUD is a project comprised of 14.49 acres designated for commercial and residential land uses and the commercial uses are limited to a maximum of 200,000 square feet of gross leasable area and the residential land uses are limited to a maximum of 69 53 dwelling units. The FeMaiRdeF of the squaFe feetage may feir retail And- on uses sotu tee- e.n At least the firc�;ee.rCommercial and residential land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screen inglbuffering. and native vegetation, whenever feasible. Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Strask ihrea items have been deleted, Items Underlined have been added Page 8 of 23 Page 43 of 262 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Vanderbilt Commons Mixed Use Planned Unit Development Ordinance". Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Strunk th.r items have been deleted, Items Underlined have been added Page 9 of 23 Page 44 of 262 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Vanderbilt Commons Mixed Use PUD shall be in accordance with the contents of this document, MPUD - Mixed Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Vanderbilt Commons Mixed Use PUD shall become part of the regulations, which govern the manner in which the MPUD site may be developed. D. Unless modified, waived or excepted by this MPUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 6.02 Adequate Public Facilities Requirements of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LANDUSES A. Commercial uses are limited to 14.49 acres with a maximum of 200,000 square feet of gross leasable area. Residential uses are limited to a maximum of 5158 53 dwelling units and must be IGGated can the- SP-9-0-Rd andier third fleers of mixed use buildings, with Vanderbilt Commons Mixed Use PUD is intended to create a pedestrian -friendly atmosphere that encourages area residents to work and shop there and on -site workers to walk to other services, such as having lunch within the project. The maximum of a85 residential units will not exceed a density of _L 4-93 units/per Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Strask threes items have been deleted, Items Underlined have been added Page 10 of 23 Page 45 of 262 acre . 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the MPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit " A", PUD Master Plan , constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 4.03 Subdivision Design and Layout of the Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable , shall apply to the development of all platted tracts, or parcels of land as provided in said Sect ion 10.02.03 prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 SALES/RENTAL/CONSTRUCTION FACILITIES Temporary sales/rental trailers and construction trailers can be placed on the site after Sit e Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 5.04.04 of the Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code. Section 10.02.13E. 2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space. Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Strask-t#ritems have been deleted, Items Underlined have been added Page 11 of 23 Page 46 of 262 SECTION III MIXED USEAREA PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Mixed -Use Areas as shown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Mixed Use Areas on the PUD Master Plan are intended to provide a variety of retail uses, aP4 office uses, and residential uses.,_While fleer. Commercial Areas are limited to a maximum gross leasable area of 200,000 square feet and residential uses are limited to a maximum of 58 5a dwelling units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part. for other than the following: A. Permitted Commercial Principal Uses and Structures: Amusement and Recreation Services SIC 7911, except dance halls and discotheques, 7922, 7991. 7999 only for bicycle rental, gymnastics instruction, judo instruction, karate instruction and yoga instruction;. 2. Apparel and Accessory Stores (SIC 5611- 5699 except thrift and or surplus stores). 3. Paint, Glass, and Wallpaper Stores (SIC 5231) 4. Business Services (SIC 7311, 7313, 7323, 7331 — 7338, 7361, 7371 — 7379, 7384, 7389 only for service of interior decorating/design, mapmaking, notary public, paralegal service, and Postal Service contract stations). 5. Depository and Non -Depository Institutions (SIC 6021 - 6091). 6. Eating Place (SIC 5812) and Drinking Places (SIC 5813 only cocktail lounges and on -premise consumption of beer, wine and liquor, in conjunction with a restaurant.) No freestanding food stands and or kiosks are permitted. Drinking Places are subject to the locational restrictions described in Section 5.05.01 of the Land Development Code. Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 StR-'slFthreag# items have been deleted, Items Underlined have been added Page 12 of 23 Page 47 of 262 a. Lots 5 & 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County), if developed with commercial, shall have the following limitations: i. No outdoor seating shall be permitted; ii. The hours of operation for any eating place shall be limited to 6 a.m. - 4 p.m.; iii. Loading and deliveries shall be from the front entrance only; and iv. The consumption of alcohol is not permitted on these Lots. 7. Educational Services (SIC 8211 —8222, 8243-8249, 829%. 8. Food Stores with 5,000 square feet or less of gross floor area in the principal structure (SIC 5411- 5499). 9. General Merchandise Stores with 5,000 square feet or less of gross floor area in the principal structure (SIC 5311 and 5399 except variety stores: single -price point discount, surplus, overstock or liquidation outlets). 10. Hardware stores with 10,000 square feet or less of gross floor area in the principal structure (SIC 5251). 11. Health Services (SIC 8011 - 8049, 8082). 12. Home Furniture, Furnishings and Equipment Stores (SIC 5712 - 5736). 13. Insurance Carriers, Agents, Brokers, and Services with 5,000 square feet or less of gross floor area in the principal structure (SIC 6311- 6399, 6411). 14. Legal Services (SIC 8111). 15. Membership Organizations (SIC8611, 8621, 8661 only for offices related to religious organizations). 16. Miscellaneous Repair (SIC 7622, 7629, 7631, 7699 only bicycle repair, camera repair, locksmiths, luggage repair, medical/dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 17. Miscellaneous Retail (SIC 5912, 5921, 5932 antiques only, 5941 - 5949, 5961, 5992, 5994 - 5999 (except auction rooms, awning shops, fireworks, flea markets, gravestones, hot tubs, monuments, pawn shops, sales barns, swimming pools, tombstones and whirlpool baths). The sale of swimming pool accessories and supplies is allowable under SIC 5999 but not the sale of swimming pools. 18. Museums and Art Galleries (SIC 8 412). 19. Personal Services ( SIC 7212 only dry-cleaning and laundry drop off and pickup stations, 7221 - 7251, 7291, 7299 (only car title and tag service, diet workshops, tuxedo rental, and tanning salon). Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Strask-thritems have been deleted, Items Underlined have been added Page 13 of 23 Page 48 of 262 20. Professional Offices, Research, and Management Consulting Services (SIC 8711 - 8743, 8748). 21. Public Administration (SIC 9111 - 91 99, 9229, 9311, 9411 and 9431, 9511 - 9532, 961 1- 9661, 9221). 22. Real Estate Agents and Managers (SIC 6512, 6531- 6552). 2 3. Security and Commodity Dealers (SIC 6211 - 6289). 24 . Social Services (SIC 8322 only adult day care services, counseling services, and senior citizens associations , 8351). 25. Travel Agencies (SIC4724). 26. Any other use which is comparable and compatible in nature with the foregoing list of permitted principal and the accessory uses, as prescribed by the LDC, shall be heard by the Board of Zoning Appeals (BZA). Prior to the approval of any uses, the applicant shall provide public notice in addition to an advertisement for the hearing which shall include a neighborhood information meeting, mailings and signage in the same manner as that required for substantial amendments to a Planned Unit Development. B. Permitted Residential Principal Uses and Structures: 1. Multi -Family dwellings. 2. Any other use which is comparable in nature with the foregoing list of permitted principal and the accessory uses by the Board of Zoning Appeals (BZA) . C. Accessory Commercial Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. Caretaker's residences subject to Section 5.03.05 of the Collier County Land Development Code. D. Accessory Residential 1. Customary residential accessory uses and structures including carports, garages, and storage buildings. 2. Recreational. uses and facilities including swimming pools, hot tubs, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, clubhouse, verandahs, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model unit s. Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Stag# items have been deleted, Items Underlined have been added Page 14 of 23 Page 49 of 262 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Carports are permitted within parking areas. 3.4 PROHIBITED USES 1. Auto stores (SIC 5531, tire dealers, and tire, battery, and accessory dealers - retail, and auto supply stores with service bays, lifts or other facilities for installing such automotive parts). 2. Gasoline service stations, and other facilities with fuel pumps (SIC 5541). 3. Fast food restaurants with drive -through lanes. 4. Any freestanding donation boxes/kiosks. 5. Outdoor amplified sound devices, televisions or live entertainment, with the exception for approved temporary use/event permits as outlined in LDC Section 5.04.01. 6. Adult entertainment and sexually oriented businesses 7. Lots 5 & 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) shall not provide main public access entryways along the northern facades of any proposed building. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Vanderbilt Commons Mixed Use PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non -platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 StFuGk threug# items have been deleted, Items Underlined have been added Page 15 of 23 Page 50 of 262 TABLE MIXED USE DEVELOPMENT STANDARDS The table below sets forth the development standards for land uses within the Vanderbilt Commons 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. COMMERCIAL USES RESIDENTIAL USES Minimum Lot Area 10,000 square feet 10,000 square feet Minimum Lot Width 75 feet (1) 75 feet (1) Front Yard Setback 20 feet 20 feet Side Yard Setback (2) 1-Story 6 feet 6 feet 2-Story 7.5 feet 7.5 feet 3-Story 10 feet 10 feet Rear Yard Setback Principal Structure 15 feet 15 feet Accessory Structure 10 feet 10 feet PUD Boundary Setback Principal Structure BH BH Accessory Structure 10 feet or buffer width 10 feet or buffer width Lake Setback (3) 20 feet or 0' feet 20 feet or 0' feet Preserve Area Setback Principal Structure 25 feet 25 feet Accessory Structures or Other Site Alterations 10 feet 10 feet Distance Between Structures Main/Principal 1-Story to 1-Story 12 feet 13.5 feet 1-Story to 2-Story 13.5 feet 15 feet 2-Story to 2-Story 15 feet 17.5 feet 2-Story to 3-Story 17.5 feet 20 feet 3-Story to 3-Story 20 feet 12 feet Accessory Structures Same as principal structure Same as principal structure Maximum Height (4) Retail Building 35 feet and 1-story NIA Office Building 42 feet and 3-stories NA Accessory Building 35 feet 35 feet Residential & Mixed -Use Building 45 feet and 3-stories 45 feet and 3-stories Minimum Floor Area 700 square feet of principal structure on first habitable floor 700 square feet per dwelling unit (1) May be reduced on cul -de-sac lots and lots along the inside and outside of curved streets by25%. Vanderbilt Commons MPUD - PL20180003366 Last Revised: August 15, 2019 StFUGk threugh items have been deleted, Items Underlined have been added Page 16 of 23 Page 51 of 262 (2) Where fee simple lots are created for each building unit no side yard shall be required between interior units of a unified principal structure. and the side yard shall be measured from the exterior wall(s) of the unified principal structure. (3) Lake setbacks are measured from the control elevation established for the lake. Lake setbacks can be reduced from 20' to 0' where a stemwall bulkhead or pier is constructed and the requirements of Section 4.02.05 of the LDC are met. Note 'BH' refers to building height. B. Off -Street Parking and Loadinq Requirements: As required by Division 4.05 Off -Street Parking and Loading of the Land Development Code in effect at the time of building permit application. Off -site parking is permitted where a shared parking facility is located within 300 feet of the building requiring such parking . C. Buffering Requirements: 1. A minimum twenty (20) foot wide Type "D" Buffer shall be provided along Vanderbilt Beach Road, with the landscaping as required in Section 4.06.02 of the Collier County Land Development Code. D. Commercial Design Standards The project shall meet the commercial design standards within Division 5.05.08 of the Collier County Land Development Code-, for buildings that have a commercial component. E. Deviations Deviation from Land Development Code (LDC) Section 5.06.04.G to allow one double-faced off - premises sign with a maximum of 8 feet in height and 32 square feet in area, located in the road right-of-way (labeled Pristine Drive on Exhibit "A")_The sign will be limited to no more than 3 residential developments within the abutting Wolf Creek PUD. The proposed sign must meet all vehicular safety sight distance standards for Collier County and have a minimum 10-foot setback from the Vanderbilt Beach Road right-of-way. The proposed sign must be externally illuminated only. Once Pristine Drive is accepted by the Board of County Commissioners as a public road, any structural changes to the sign shall require a right-of-way permit. The signage shall be perpetually maintained by the homeowner's associations of the developments named on the sign . The County at any time after the road becomes public may require the sign to be relocated for road expansion or to address capacity or safety issues. Vanderbilt Commons MPUD - PL20180003366 Last Revised: August 15, 2019 Strunk t#Fe items have been deleted, Items Underlined have been added Page 17 of 23 Page 52 of 262 SECTION IV PRESERVE AREA PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit 'A" PUD Master Plan, as may be amended pursuant to Section 5.3. 4.2 PERMITIED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 3. Native preserves and wildlife sanctuaries. Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Stfusk th items have been deleted, Items Underlined have been added Page 18 of 23 Page 53 of 262 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this MPUD, in effect at the time of building permit application. B. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code shall apply to this project even if the land within the MPUD is not to be plat t ed. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. C. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this MPUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD. and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is The Vanderbilt Commons Owner's Association, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Sect ion . When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Vanderbilt Commons MPUD - PL20180003366 Last Revised: August 15, 2019 Straskth items have been deleted, Items Underlined have been added Page 19 of 23 Page 54 of 262 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 4.03 Subdivision Design and Layout. 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SOP submittal. B. A copy of the SFWMD Surface Water Permit, SFWMD Right -of -Way Permit, and SFWMD Discharge Permit shall be submitted prior to Final Site Development Plan Approval. C. An Excavation Permit will be required for any proposed lake(s) in accordance with Collier County and SFWMD rules. D. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 5.7 UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 5.8 TRAFFIC A. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. B. A west bound right turn lane on Vanderbilt Beach Road, at the intersection of Pristine Drive and Vanderbilt Beach Road, shall be constructed by the Owner(s) prior to the certificates of occupancy for any building within Lot 3, as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County . C. An east bound left turn lane on Vanderbilt Beach Road, at the intersection of Pristine Drive and Vanderbilt Beach Road, shall be constructed by the Owner(s) at the earliest of either the granting of the certificates of occupancy for any building within Lots 5 and or 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) or within five years of the adoption of this PUD amendment. Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Struck thitems have been deleted, Items Underlined have been added Page 20 of 23 Page 55 of 262 D. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed 547 PM Peak Hour, two-way trips (total external with pass -by trips subtracted). E. Access to all parcels within the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County, or as amended, shall be from Vanderbilt Way. F. No public access or circulation drives shall be provided to, from or within L4Y_4 Iet6 4, 5 and 65 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) between the northernmost property boundary lines (shared boundary with Black Bear Ridge of the Wolf Creek PUD) and the northernmost structures (governed by their PUD setbacks) of the identified lots. G. Nothing in this PUD shall have any effect upon the obligations under any private agreements. 5.9 PLANNING Pursuant to Section. 2.03.07 E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Staff. B. All conservation/preservation areas shall be designated as Preserve on all construction plans, and shall be recorded on the plat as a separate tract or easement with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. Buffers shall be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. D. Any perimeter berms, shall be entirely outside of all upland and wetland preserve areas. E. A minimum of 0.17 acres of native vegetation shall be preserved on -site, including all 3 strata. and emphasizing the largest contiguous area possible. If created preserves will be used to make up any of the acreage, the landscape plans shall re-create the native plant community fin accordance with Section 3.05.07 of the Collier County Land Development Code) shall be submitted with the First Development Order submittal for review and approval. Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 StFUGk th ugh items have been deleted, Items Underlined have been added Page 21 of 23 Page 56 of 262 5.11 5.12 F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. G. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. H. This MPUD shall be consistent with the Environmental Section of the GMP Conservation and Coastal Management Element and the Land Development Code at the time of final development orderapproval. I. This MPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site Plan approval. J. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a temporary construction site office or temporary sales/rental facility. SIGNS Signs for this mixed -use project shall be permitted as described in Section 5.06 of the Collier County Land Development Code. 5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Chapter 4 of the Collier County Land Development Code in effect at the time of building permit application. 5.14 POLLING PLACES Pursuant to Section 4.07.06 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to: condominium associations, homeowners' associations, or tenants' associations . This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 Stwsk.thre items have been deleted, Items Underlined have been added Page 22 of 23 Page 57 of 262 5.15 5.16 LIGHTING Lighting provided at the rear of any building and structure adjacent to the Black Bear Ridge Subdivision, for development on lots 5 and 6, (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) shall be in the form of shielded structure mounted sconces. These shielded structures shall be placed no higher than 10- feet measured from finished floor of the building or structure. The areas identified shall be free of "pole lighting". ADDITIONAL SCREENING Owner(s) shall construct a 6-foot wall at the rear of lots 5 and 6; abutting the Black Bear Ridge Subdivision (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County). No wall will be located along Tract C, the Preserve Area. 5-17 MISCELLANEOUS Vanderbilt Commons MPUD — PL20180003366 Last Revised: August 15, 2019 StwAk- th eug# items have been deleted, Items Underlined have been added Page 23 of 23 Page 58 of 262 M ui V N 01 W LL wm (WiN301SJH) N3MO Flom ands --- -�! NlbON 133alf 4lNiH OMt ax«rufo�Mnaet as � vw on •QNOMAo71119a30NVA _L_7 cxfoi.]0 NVId 2131SVW T1n1d3ONOO � iot .r"Y a�ae ondW SNOWWOO 11192i3ONVA J J U THV S�V nz 2zu,g AVM-d0'1HOW 3AI8Q 3NO1SNOn9 e 3dvosoNvI o adu oz 3avOsoNdi 0 3dAi ,oz I I i I I I wl LL a w .. i i�j � I N U a O Q? _ II •1 �I 1 I w ! K 3 < W C w I 3 < �! 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W az W Ok UU7 JJ G QLL� to vJm Qw0 W6 YFCL �KZ 7VZ UW ap 3¢ co CD CD U U U U U U a a a a a a ¢ 4 � 4 4 + Q � 3 � q W y p m � U m � U 0 � V Z O Z � Q m 111 � pm (Y Q Z Q aWa QNQ m i� U W 0 N gW 6 1 Mp' LOlO L00646\sueld 3uajjn0\dOW 10-100-6b6\s;Iglyx3-sBulMeaO\Buluueld - sluaw>Jedy /eM 31lqjapueA (+oipnlS) L00-646\sl09(ad\ 9 1 Mp' LOlO L00646\sueld 3uajjn0\dOW 10-100-6b6\s;Iglyx3-sBulMeaO\Buluueld - sluaw>Jedy /eM 31lqjapueA (+oipnlS) L00-646\sl09(ad\ 9 § d. ! a=!§ L . 2« / !% ;� i77 / !� �L _uja �,-■2 2 / 5 ƒ / I Exhibit -C" Carolina Village Legal Description THE SOUTH 1/2 OF THE SOUTHWEST 114 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLCRIDA, LESS AND EXCEPT VANDERBILT BEACH ROAD RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA THENCE RUN NORTH 89°46'10" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1,322.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34: THENCE RUN NORTH 02014'20" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 145.13 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD, A 175 FOOT WIDE RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 02-14'20" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 114 OF THE SOUTHEAST 1/4 OF SAID SECTION 34. FOR A DISTANCE OF 523.93 FEET TO THE NORTHEAST CORNER OF THE SOUTH 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH 89047-36" WEST, ALONG THE NORTH LINE OF THE SOUTH 112 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1,322.04 FEET TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN SOUTH 02°13'26" EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 114 OF SAID SECTION 34, FOR A DISTANCE OF 523.38 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD: THENCE RUN SOUTH 89046'10" EAST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD, FOR A DISTANCE OF 1.322.20 FEET TO THE POINT OF BEGINNING, CONTAINING 15.879 ACRES, MORE OR LESS Page 62 of 262 WOLF CREEK RE-SID. PUD IN 0 ON Nal m CL EXHIBI T )) D IY LOCH TION MAP WOLF CREEK RESID. PLID Sub' Chi te VA NDERBIL T BEACH RD. PROPOSED NAGEL —CRAIG RESIOEN TIA L PLJO Loco Rd. MISSION HILLS SHOPPING CEN TER 1 ` EXHIBIT "E" -.SURVEY / •. t,��/h ?t'i'`iv K� � , 1..�1 , i - I t`I.ry�x � ` . �! �Y , j� 1; t, �y pit e ! ' a, �r� � k1 y�i ° �p�!t � 3 99 w gg � o �Tk ►, �" ti �o eFiti b�i)y�4:rR#dadYa BIyJI, R► F 1g!{ t 1 o �� to - YOd'CANAL- ---. _ COLLIER ROM ARDC.R.9A r I ,) i7f ,31:i1x i t I zi I 1 F�. . 1. M'�ti Myyf,•. ♦ iv� .� FLORIDA DEPARTMENT Of STATE RON DESANTIS Governor October 14, 2019 Ms. Martha Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite #401 Naples, Florida 34112-5324 Dear Ms. Vergara: LAUREL M.LEE Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 19-34, which was filed in this office on October 11, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www. dos. state. Mus Page 65 of 262 INSTR 6096209 OR 5982 PG 1474 RECORDED 7/15/2021 4:46 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $12,600.00 REC $18.50 CONS $1,800,000.00 This instrument prepared without review or opinion of title by, and after recording return to: Kevin A. Denti, Esquire KEVIN A. DENTI, P.A. 2180 Immokalee Road — Suite 4316 Naples, Florida 3 4110 1, " Telephone: 239-26o-u I ;.Y Consideration: Documentary Stamp Parcel I.D. Number #: 7927180016 "arid 79271800183 Above Space for Clerk's Use Only WA2RANTY DEED THIS INDENTURE, made th s`," day of July, 2021, by and between VANDERBILT WAY APARTMENTS ,, LL,C, a Florida limited liability company, whose post office address is 3838 Tamiami TrailNorth, Naples, Florida 34103, "GRANTOR", and VANDERBILT 951 APARTMENTS, .C, a ,Florida limited liability company, whose post office address is 7742 Alico Road, Fort Mye, Florida 33912, "GRANTEE". WITNESSETH, that said GRANTOR, forXi4jftconsideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable consi etiaii„ to said GRANTOR in hand paid by said GRANTEE, the receipt whereof is hereby acknowledgehas granted, bargained, and sold to the said GRANTEE, and GRANTEE'S heirs and assigns arever, she following described real property situate, lying and being in Collier County, Florida, to wit .; ex Lots 5 and 6, Vanderbilt Commons, according to the plaiiereof recorded in Plat Book 60, Pages 31 and 32, of the Public Records of Collier. -Courit3 , Florida. SUBJECT to easements, restrictions and reservations c0 mrr�0 to;the subdivision, oil, gas and mineral rights of record, if any, and real estate taxes for calendar scar, 021 and all subsequent years. TOGETHER with all the tenements, hereditaments, and appurterianc hreto belonging or in anywise appertaining. GRANTOR does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. Page 66 of 262 *** OR 5982 PG 1475 *** Signed, sealed, and delivered in the presence of: Witness # 1 Print 1jape Below Witness Print Name Below STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument dati; presence or [ ] online notarization t Mana er of VANDERBILT WAY AP) [Zj,who is personally known to me or [ identification. pY>�' MICHAELAJ. BLANCHARD Commission # GG 946658 =;,>P Expires May 12, 2024 FOF,Ft°j Bonded Thru Troy fain Insurance 800-385.7019 SAClientsWanderbilt Way Apartments\Hacienda Lakes\Warranty Deed VANDERBILT WAY APARTMENTS, LLC, a Florida limited liability company By: Ralph R. Cioffi, Jr., Mana r sdged before me by means of [-,J"physical day of July, 2021, by Ralph R. Cioffi, Jr., as vTS, LLC, a Florida limited liability company, b�ts produced as Y PUBLIC ED NAME OF NOTARY SSION EXPIRES: 5 Page 67 of 262 flat R$ 1 .. Q 0 0 g j b di O U lot UQ� gg MOP ffibs a 3€ll r3i 0AMR;; a � F bm� 0 1 i WASi � ui>z z °° - � � MIMI lilt 0 � o W � � 2 Q 0 J y § mpgjo a to got b I5 ya win a a Px hun�� 1 � b1 � R y� i qualm 1 YEN Qjj go s a�W "o €Tsa as°�� gay t" m r a� os a I`�U ;NQ � �s o OR b s � � °y ka 1 .11 kI n s bR 3= � Elm, Muni ui 1 d � � ob W°aa 'I" �� W � , '„° b� �3b a �� NN e I ° a ;� °� I Q n no 3 w a a a b: % Awn 1° "�' � � � °� TOM 1 � b�°p` �$ : � a W� � ztig`�'� � `I T a is MIN , a -�_„ � : n� � � a _� QN��- I mQ u b nWW m� °as �a i . (TFJE.. s.ES. .,' OF .�sscnor Ins AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20240007161 1 David E Torres (print name), as Manager (title, If applicable) of Vanderbilt951 Apartments, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicant=contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Patrickvanasse, =P to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the Corp. Ares, or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are ut�e---�, i —,/I r>' A Sig STATE OF FLORIDA COUNTY OF COLLIER 6- 1�1-2-021� . Date The foregoing instrument was acknQwleged before me by means of .physical presence or D online notarization this day of - ) O 1 e , 20 �,�,lby (printed name of owner or qualifier) David E. Torres Such person(s) Notary Public must check applicable box: Are personally known to me F7 Has produced a current drivers license ® Has produced A bs identification. Notary Signature:!� �X�AAW CP108-COA-001151155 REV 314/2020 TAMELA M. SCHRODER *r .= My COMMISSION# HH 121444 •o= EXPIRES: April 25, 2025 Bonded Am Notoy Pull, Underwriters Page 70 of 262 Coder County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 E Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the )ercentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the ICI I.CI ILdrt! VI .)LW K vwneu ray edcn: Name and Address % of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership 01/2023 Page 1 of 3 Page 71 of 262 Co Y County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone. (239) 252-1036 1 Emall: GMDClientServices@coiliercountyfl.gov www.colliercountyfl.gov d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: —riR-"T�A�y J Name and Address % of Ownership George P. Bauer Revocable Trust 50% FL Star GP Capital I, LLC E. )orrrnS v `rest Z-57, 'E%; -S . asy v e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the �tticers, stockholders, beneficiaries, or partners: Name and Address % of Ownershio Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or of" g- IItC1 J, II d tUIPU1dLIU11, polUler Sfllp, Ur LFUSt: Name and Address Date subject property acquired 7/14/2021 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Page 72 of 262 Co er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (234) 252-1036 1 Email., GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Agent/Owner Signature Vanderbilt 951 ApartrKients, LLC - Manager Agent/Owner Name (please print) VTf jZ-DZ_j Da e 01/2023 Page 3 of 3 Page 73 of 262 Neighborhood Information Meeting Affidavit of Compliance I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance (Signature of Applicant) STATE OF FLORIDA, COUNTY OF COLLIER The forggoing instrument as acknowledged before me by means of�physical presence or ❑online registration this day of )4 20,c—`, by ��`�YiLIC �JU111i��5� who is ersonally known to me or has produced as identification. Notary Seal Sirtur4 of Notary Public Gtti'1 CLa C fck- lNotary Public State of Florida Print Name of Notary Public Alejandrina Garcia 1 My commission HH 310670 Expires 9/11/2026 Page 75 of 262 CIE LocaliQ Florida GANNETT AFFIDAVIT OF PUBLICATION Rachel Hansen The Neighborhood Company 5618 Whispering Willow WAY Fort Myers FL 33908-4519 STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Naples Daily News, a newspaper published in Collier County, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Public Notices, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on: 08/14/2024 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 08/14/2024 Legal erk otary, State o ounty o own My commission expires Publication Cost: $1413.20 Tax Amount: $0.00 Payment Cost: $1413.20 Order No: 10468773 # of Copies: Customer No: 1125544 1 PO #: THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. NANCY HEYRMAN Notary Public State of Wisconsin PO Box 631244 Cincinnati, OH 45263-1244 Page 1 of 2 Page 76 of 262 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend neighborhood information meetings (NIM) held by Patrick Vanasse of The Neighborhood Company, representing Vanderbilt 951 Apartments, LLC. The meeting will be held on August 29, 2024, at 5:30 p.m. at Greater Naples Fire Rescue Station 73 (14575 Collier Boulevard, Naples, FL 34119). If you are unable to attend in person, a Zoom option will be available. If you would like to participate via Zoom, please send an email to rh@theneighborhood.company prior to August 28 to request the meeting link. Subject Property: 7255 Vanderbilt Way located at the northwest corner of the intersection of Vanderbilt Way and Buckstone Drive, approximately one -quarter mile west of the intersection of Collier Boulevard and Vanderbilt Beach Road: ' I I II I SUBJECT , and :PROPERTY py§ S ....................... .......s P I I —m.. ----- The property owner is petitioning Collier County for an insubstantial change to the Vanderbilt Commons Mixed Use Planned Unit Development (PL20240007161) to amend a specific developer commitment requiring garages for ground floor units of residential -only buildings. The proposed change would exempt the subject property from this requirement. This change will have no impact on approved residential density or commercial intensity of the MPUD. Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/ developer and The Neighborhood Company. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, or e-mail by August 28t", 2024 to: Patrick Vanasse The Neighborhood Company 239-398-2016 pv@theneighborhood.company Page 77 of 262 THE NEIGHBORHOOD COMPANY August 9, 2024 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of an Insubstantial Change to a Planned Unit Development (PL20240007161) for the following property: The subject property comprises 2.51± acres of the Vanderbilt Commons Mixed Use Planned Unit Development (MPUD) located northwest corner of the intersection of Vanderbilt Way and Buckstone Drive, approximately one -quarter mile west of the intersection of Collier Boulevard and Vanderbilt Beach Road (see map). The specific address is 7255 Vanderbilt Way, Naples, FL 34119 (Property ID: 79271800167). The applicant is requesting an insubstantial change to the Vanderbilt Commons MPUD to amend a specific developer commitment requiring garages for ground floor units of residential -only buildings. The proposed change would exempt the subject property from this requirement. The existing Bellavista at Vanderbilt Way apartments were built pursuant to an approved Site Development Plan (SDP) that did not include garages for ground floor units. The insubstantial change is therefore being requested to make the existing apartments consistent with the MPUD requirements. This change will have no impact on approved residential density or commercial intensity of the MPUD. 5618 Whispering WillowWay, Fort Myers, FL 33908 1 239.398.2016 www.theneighborhood.company Page 1 of 2 Page 78 of 262 In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you with an opportunity to fully understand the insubstantial change. The meeting will be held on August 29, 2024 at 5:30pm at the following address: Greater Naples Fire Rescue - Station 73 14575 Collier Boulevard, Naples, FL 34119 If you are unable to attend in person, a Zoom option will be available. If you would like to participate via Zoom, please send an email to rh(a@theneighborhood.company prior to August 28 to request the meeting link. Should you have questions prior to the meeting, please contact me at pv(@theneighborhood.company or 239-398- 2016. Sincerely, Patrick Vanasse, AICP President & Partner 5618 Whispering WillowWay, Fort Myers, FL 33908 1 239.398.2016 www.theneighborhood.company Page 2of2 Page 79 of 262 Attachment 4 Legal Ad Sign Posting Page 80 of 262 Naples Daily News - 09/06/2024 Page : A13 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 1:00 P.M., September 26, 2024, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples IFL 34104, to consider: PETITION NO. PDI-PL20240007161- REQUEST FOR AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 2019-34, THE VANDERBILT COMMONS PLANNED UNIT DEVELOPMENT (PUD), TO AMEND SECTION 5.17.0 SO THAT THE SECTION NO LONGER APPLIES TO LOTS 5 AND 6. THE VANDERBILT COMMONS PUD WAS ORIGINALLY ESTABLISHED AS THE CAROLINA VILLAGE PUD UNDER ORDINANCE NO.2005-19, AS AMENDED. THE PUD NAME WAS CHANGED TO THE VANDERBILT COMMONS PUD BY ORDINANCE NO. 2017-47, AS AMENDED. THE ±2.51-ACRE SUBJECT PROPERTY IS WITHIN THE ±14.49-ACRE PUD AND LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF VANDERBILT WAY AND BUCKSTONE DRIVE IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, n it A rn WAY Project ission Hills D Location corn WAY A A rosia LN o Vanderbilt Beach RD 7th AVE NW e All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. 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 Ray Bellows at 252-2463 or email to Ray. Bellows@colIiercountyfl.gov. If you are a person with a disability who needs any accommodation in orderto participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida ND40166771 September 6, 2024 2:51 pm (GMT 4:00) Powered bbg VfV& 262 6YCft"■;z�Z.fli►Ce3T►� (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the signs NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED f G' %'%CG Jl r .c rrL WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER pl L 0 Z 4 00e71 bl f • _ stirs 1,Jh�s�k��n� W �t.w WC ,$IGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX 339ot NAME (TYPED OR PRINTED) CITY, STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this day of�W . 20jl�, by `bA \LX IS ersonally known to or who produced as identification and who did/did not take an oath. Lt��1 Notary Public St-00P �j A,�-m ate of:310]670 Signature o Notary Public Alejandrina Gar IIII My Commission HH A Expires sn1/2oz�� C�"C � Printed Na e of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Page 82 of 262 a" PUBLIC HEARING NOTICE*---- VANDERBILT COMMONS MPUD Insubstantial Change to a Planned Unit Development (PDI) Petition Number: PL20240007161 HEARING EXAMINER: September 26, 2024-1:00pm' Collier County Growth Management Community Development 2800 N Horseshoe Drive, Conference Room 609/610 Naples, FL 34114 ERIC ORTMAN, PLANNER III: 239-252-1032 -.. _ _�k.` .". 1' . !.. tits' : 3..5-� �'4�- `�d '' LSS:.�,..•� t+F`,1y', i.�.. .ir , 1 :l'-'k!� �� I :a i `t�S2 'klfi". '! F kwv Page 83 of 262 10/10/2024 Item # 3.13 ID# 2024-1283 MT29788 ** This item has been continued from the 9/26/2024 HEX Meeting *** Petition No. PDI-PL20240004116 — Naples Preserve Villas, LLC - Santa Barbara Boulevard, approximately one-half mile north of Rattlesnake -Hammock Road - Requests an insubstantial change to the Onyx RPUD, Ordinance 16-24 for (1), the modification to Exhibit B Table 1 — Residential Development Standards to add internal development standards for a platted townhouse development; and (2) a deviation from LDC 4.07.02.G.1, Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. The subject 8.72 +/- acre parcel is located on the east side of Santa Barbara Boulevard, approximately one-half mile north of Rattlesnake - Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Timothy Finn, Planner III] (Commissioner District 1) ATTACHMENTS: 1. Staff Report - Onyx PDI 2. Attachment A - Revised PUD Exhibit B - Development Regulations Table 1 - To be adopted with HEX decision 3. Attachment B - Revised PUD Exhibt E - Deviations - To be adopted with HEX decision 4. Attachment C - Development Standards Locations - Illustrative purposes only 5. Attachment D - Corner Lot - Unit Setbacks - Illustrative purposes only 6. Attachment E - Clubhouse Detail - Illustrative purposes only 7. Attachment F - Approved SDP PL20190002911 - Illustrative purposes only 8. Attachment G - Draft Plat Plan PL20240002384 - Illustrative purposes only 9. Attachment H - Open Space Elements of Deviation 4 - Ilustrative purposes only 10. Attachment I - Original Analysis and Findings 11. Attachment J - Application -Backup Materials 12. Attachment K - NIM Materials 13. Attachment L - Hearing Advertisment Signs Page 84 of 262 Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: SEPTEMBER 26, 2024 SUBJECT: PDI-PL20240004116, ONYX PROPERTY OWNER/APPLICANT/AGENT: Property Owner/Applicant: Naples Preserve Villas, LLC 2385 NW Executive Center Dr., #370 Boca Raton, FL 33431 REQUESTED ACTION: Agent: Margaret Emblidge, AICP LJA Engineering, Inc. 7400 Trail Boulevard, Ste. 200 Naples, FL 34108 The applicant requests that the Hearing Examiner consider an insubstantial change to the Onyx RPUD, Ordinance 16-24 for (1) the modification to Exhibit B Table 1— Residential Development Standards to add development standards for platted townhouses and (2) a deviation from LDC 4.07.02.G.1, Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. GEOGRAPHIC LOCATION: The subject 8.72 +/- acre parcel is located on the east side of Santa Barbara Boulevard, approximately one-half mile north of Rattlesnake -Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida (See Location Map on the following page.) PDI-PL20240004116, Onyx Last revised: 9/12/24 Hearing Examiner (HEX) Date: 9/26/24 Page 1 of 9 Page 85 of 262 N � , q � ■ @ IL ® o eIR �§ Z° § _ 1UO � � ) . c ■ $ #lL-) V�uO � § H TRACT TRACT N g: dc 0 00 _ TRACT . 2 S 9 p 2 IL4 uA uPS■IIS - d = ) u & nK .0 it. 2 $�I w G&]e G■ CH DUBS G- AUPM � . & !% U, °�q« � r— — P D RPL202 000 ]4¢ Onyx Last revised: 9/42/2 Page 2 G g Hearing Examiner (HEX) Date: 9/26/2 PURPOSE/DESCRIPTION OF PROJECT: In 2016, the subject property was rezoned from the Residential RMF-6 Zoning District to a Residential Planned Unit Development (RPUD) to allow development of up to 48 single family and/or multi -family dwelling units. In June 2024, the applicant applied for an insubstantial change to the Onyx RPUD, Ordinance 16-24 for (1) the modification to Exhibit B Table 1 — Residential Development Standards to add internal development regulations for a platted townhouse development and (2) a deviation from LDC 4.07.02.G.1, Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space to address the challenges created by the platting regulations and the definition of useable open space. The following are the changes proposed for this PDI: 1. The modification to Exhibit B Table 1 — Residential Development Standards to add development standards for Townhouses. (See Staff Analysis Zoning section of staff report) 2. Add a deviation from the Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. (See Deviation Discussion section in staff report) LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties near the portion of the PUD affected by the request. North: Adkins Avenue, a two-lane arterial, then farther north is a water management area, zoned Rural Agricultural (A) East: Sunset Boulevard, a two-lane arterial, then farther east is single-family residential, zoned A [0.2 dwelling units per acre (1 du/5 acres)] South: Polly Avenue, a two-lane arterial, then a vacant parcel, and farther south is single-family residential, zoned A [0.2 dwelling units per acre (1 du/5 acres)] West: Santa Barbara Boulevard, a six -lane arterial, then farther west is Tract N (drainage easement) of Royal Woods Golf and Country Club, zoned PUD (3.34 dwelling units per acre) PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 3 of 9 Hearing Examiner (HEX) Date: 9/26/24 Page 87 of 262 Source: LJA Engineering, Inc. STAFF ANALYSIS: Comprehensive Planning: Because this application does not add uses or increase the intensity of the previously approved uses in the Onyx RPUD, it is consistent with the Future Land Use Element (FLUE) of the GMP. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. Zoning: The Onyx RPUD was approved on September 13, 2016, via Ordinance 16-24 for the development of up to 48 single family, zero lot line, townhouse and/or multi -family dwelling units. A SFWMD Permit No. 11-100683-P was approved on October 22, 2018, and was subsequently modified on December 6, 2023. A Site Development Plan (SDP) was approved on March 3, 2020. The SDP was based on developing a condominium style community. PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 4 of 9 Hearing Examiner (HEX) Date: 9/26/24 Page 88 of 262 The original owner started construction of two of the townhouse buildings and the clubhouse. Only the slabs and walls were complete. Due to a number of issues, construction stopped, and the applicant, Naples Preserve Villas, LLC, purchased the property. The applicant has demolished the existing improvements to construct a similar building product. As such, the applicant is requesting to revise Exhibit B, Table I Development Regulations Table, to specify internal development regulations for a platted townhouse development. The existing RPUD did not account for some of the regulations associated with a platted development, and the proposed differences only apply to internal setbacks, building separation, lot widths, and useable open space. All other elements remain the same. The following proposed changes are: 1. Minimum lot area of 1,800 SF is added to reflect the minimum platted lot size. None was previously provided for a Townhouse. 2. A 20ft. minimum lot width is proposed for each platted Townhouse unit. The existing 60ft. for multi -family and townhouse does not work for the typical platted attached townhouse product. 3. The minimum floor area per unit is 1,400 SF. 4. Setbacks from Polly Avenue, Sunset Avenue, Santa Barbara, and Adkins Avenue remain the same as previously approved. 5. The minimum 20ft. distance between structures applies at two locations. (See Attachment C, Development Standards Locations, illustrative purposes only). This separation will continue to accommodate emergency services and fire truck access, creating no safety issues. Accessory structures will meet a 1 Oft. separation. 6. Proposed minimum Townhouse unit internal setbacks (See Attachment C, Development Standards Locations, Attachment D — Corner Lot, Unit Setbacks, and Attachment E - Clubhouse Detail, illustrative purposes only): a. Front Yard — On lots that front on two rights -of -way, the front yard setback will be a minimum of 20 ft from the lot line on the side of the structure that has the driveway and the front yard setback of 6 ft. when adjacent to the side of the structure that does not have a driveway. The purpose of this differentiation is due to the plat creating a parcel line that ends at the platted rights -of -way and not the edge of pavement. A minimum 20ft distance from the structure's exterior wall to the edge of pavement will be the same as the previously approved SDP setback (See Attachment D — Corner Lot, Unit Setbacks, illustrative purposes only). A 23ft. driveway will be maintained and includes the minimum front yard of 20ft. and the distance between the lot line and the sidewalk. b. Side Yard — A zero ft. side yard applies to the shared walls of the Townhouse units. The 6ft. setback applies to the side of the structure that does not have a driveway. c. Rear Yard — A 10 ft. rear yard setback is measured from the rear wall of the unit to the platted lot line while maintaining a 20ft. perimeter setback. 7. Accessory structures - will have the same setbacks as the principal structures. 8. The Clubhouse parcel setbacks (See Attachment E - Clubhouse Detail, illustrative purposes only). a. The clubhouse parcel will meet a 1 Oft. setback on the front, side, and rear to its parcel line and maintain the 20ft. setback from the perimeter. 9. Setbacks from landscape buffer easements (See Attachment D — Corner Lot, Unit Setbacks, and Attachment E — Clubhouse Detail, illustrative purposes only). a. Townhouse units, Clubhouse, and Accessory structures will have a 10ft. setback from perimeter buffers and a zero ft. setback from internal buffers. PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 5 of 9 Hearing Examiner (HEX) Date: 9/26/24 Page 89 of 262 It is important to note that the development layout is essentially the same as the approved site development plan (Attachment F — Approved SDP PL20190002911, illustrative purposes only), which was based on a condominium -style development. Attachment G — Draft Plat Plan PL20240002384, for illustrative purposes only, is the draft Plat plan that depicts the same layout as the previously approved SDP. There are no changes to the perimeter elements, including the perimeter setbacks to the adjacent County rights -of -way, stormwater and preserve areas, and buffers. There are no new external impacts; therefore, compatibility will remain as previously approved, and all other requirements will be met. The deviation request is based on a conflict between plats and the definition of useable open space. However, as detailed below, the project will still provide the previously approved 4.67 +/- acres of open space. LDC Sections 10.02.13.E.1 and 10.02.13.E.2 set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD Document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: LDC Section 10.02.13.E.1: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units, intensity of land use, or height of buildings within the development? No, there is no proposed increase in the number of dwelling units, intensity of land use, or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of 5% of the total acreage previously designated as such, or five acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, including institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? There would be no increase to the size of areas used for non-residential uses and no relocation of non-residential areas. e. Is there a substantial increase in the impacts of the development, which may include, but are not limited to, increases in traffic generation, changes in traffic circulation, or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 6 of 9 Hearing Examiner (HEX) Date: 9/26/24 Page 90 of 262 f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, there are no substantial impacts resulting from this amendment. g. Will the change result in a requirement for increased stormwater retention or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance that is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan, or which modification would increase the density of intensity of the permitted land uses? No. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and transportation planning staff have reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the Conservation and Coastal Management Element (CCME) or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. LDC Section 10.02.13.E.2: Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed change does not affect the original analysis and Endings for the most recent zoning action in Petition PUDZ-PL20140000890. An excerpt from the staff report prepared for that petition is attached as Attachment I. DEVIATION DISCUSSION: The petitioner is seeking one deviation from the requirements of the LDC. The petitioner's rationale and staff analysis/recommendation are outlined below. Proposed Deviation #4 (Open space requirements) "Deviation #4 seeks relief from LDC Section 4.07.02.G.1, Open space requirements, which requires residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space." PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 7 of 9 Hearing Examiner (HEX) Date: 9/26/24 Page 91 of 262 Petitioner's Justification: As stated, the Applicant is requesting a deviation from the 60% open space requirement to allow 40% open space to address the conflict created by the platting regulations and with the definition of useable open space. The LDC definition of useable open space: Open space, usable: Active or passive recreation areas such as parks, playgrounds, tennis courts, golf courses, beach frontage, waterways, lakes, lagoons, floodplains, nature trails, and other similar open spaces. Usable open space areas shall also include those portions of areas set aside for the preservation of native vegetation, required yards (setbacks), and landscaped areas that are accessible to and usable by residents of an individual lot, the development, or the general public. Open water area beyond the perimeter of the site, street rights -of -way, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space. This last sentence is what creates the conflict. The platting of the project results in privately owned street rights -of -way that coincides with the platted residential unit's lot lines. The sidewalks and some of the greenspace/landscape areas are located within the platted rights of way. These elements were included in the open space calculations on the SDP. This request is to simply allow the same elements to be included in the useable open space calculations on the Townhouse Site Plan and Plat. Attachment G - Draft Plat Plan — PL20240002384, illustrative purposes only, depicts this scenario. The approved (SDP PL20190002911 — Attachment F) and the (Draft Plat Plan —Attachment G) have the same layout with the similar amount of open space of 4.67 acres. The following open space table approved for the SDP notes that the preserve, green space, sidewalk, & pool deck are included in the open space table. �Ei� �i�A�� RE��i�EMEi�T OPEN SPACE REQUIREMENT �f� IIX LOLOQ L1��,� MTOTALREQUI AC AC k °�64�IRE� �7,�� A� ?4 �.�j l REo��A� x [ILj410E0' �,�� `f� 1fi�EI�* �.6] �.��' 60:0 ��°a " (PRESE.RVE+GREEN SPA CE+SIDE1 Al K+DECK)J(7.79 AC) Since the plat layout is essentially the same as the SDP, the open space required and provided will be exactly the same 4.67 acres when the sidewalks and green space within the private platted rights -of - way are included. Attachment H, Open Space Elements of Deviation 4, illustrative purposes only, depicts the open space elements that are within the platted rights -of -way. Staff Analysis and Recommendation: Similar deviation requests have been approved with other zoning petitions; as such, staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community." 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." PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 8 of 9 Hearing Examiner (HEX) Date: 9/26/24 Page 92 of 262 NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on September 10, 2024, at South Regional Library, located at 8065 Lely Cultural Pkwy, Naples, FL. The meeting commenced at approximately 5:31 p.m. and ended at 6:02 p.m. Margaret Emblidge, the agent, conducted the meeting by introducing the consultant team and staff and giving a PowerPoint presentation. The presentation consisted of an overview of the proposed PDI application. Following the agent's presentation, the meeting was open to attendees to make comments and ask the consultant team questions regarding the proposed development. The issues discussed were public access, dry retention area, removal of exotics from the preserve, building height, lighting, maintenance of the preserve, timeline of the project, bedrooms in each unit, unit price, and detention area drainage. Margaret and the consultant team answered all concerns. The agent also confirmed that there will be no additional new materials submitted between the NIM and the September 26 HEX hearing. No commitments were made. A copy of the NIM Summary, sign -in sheet, and NIM PowerPoint presentation are included in Attachment K. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20240004116. Attachments: A) Revised PUD Exhibit B — Development Regulations Table 1— To be adopted with HEX decision B) Revised PUD Exhibit E — Deviations — To be adopted with HEX decision C) Development Standards Locations — Illustrative purposes only D) Corner Lot — Unit Setbacks - Illustrative purposes only E) Clubhouse Detail - Illustrative purposes only F) Approved Site Development Plan PL20190002911 - Illustrative purposes only G) Draft Plat Plan PL20240002384 - Illustrative purposes only H) Open Space Elements of Deviation 4 - Illustrative purposes only I) Original Analysis and Findings J) Application — Backup Materials K) NIM Materials L) Hearing Advertising Signs PDI-PL20240004116, Onyx Last revised: 9/12/24 Hearing Examiner (HEX) Date: 9/26/24 Page 9 of 9 Page 93 of 262 0 Z H CO H Z w d O w w 0 m H m_ 2 W _ N o (D 4.1 N � N 0 ca-a0 - N C CO -O O N C o d E 0-' LL C N O E O �O N N O •- - 7C) C N -0 Z) N 7 N Q a (n C: a 0 CL m 70 O z-- -0 > O 72 (� i -0 N O N � o U) p U Q O Q O Q N V) N (n cu �_� C: Q +z (B o cu : O -0 CO 0 0 Z H H Z W d O w w 0 J ¢ H Z W 0 U) w fr- J m H U) LU O Q Q Q w Z Z Z L O O Uco N ¢ c) � Z H U Q Q (0 Q O N N LUwQ Z Z �' Z o) O o ¢ U o LO (') N ti W J Z 4- N +' J Z w O N N LL c N N � N 12JBco J W( M( LO co NQ Z W' W O O O O (n N L cM W N N (B +' N N z 0 ) NO 0 }, 1- co N O Oo O W pQ LU O Z_ U a�U Z_ Z_ O Z_ ¢ ()� O 0 J J J J Q O O�Z m m D DZJ 1)0CL ZUC/)Z) Q Z)Uco co O O 0 O Z_ Z_ Z w Z H Z H Z H j Z H LL 2E 2E 2 0 2 U) 2 U) (n zut.Q 2E (n co -W ry W L O? U) U (n W l � E L i) C L L •L N N N Ury U)��m o �m chi QU) � � N VJ y N L � +r LO N Na) r1NN o o 06_ O 06_ O W W �~ Q LO I L � O�m0 Cm L O Q w ZO �pl N O ��ppl c}I U J \ z +- a� (D O O m N `� Z J ~O O - ,� y p O L �• LO coIt LaL J 20 N ,N a) 06 06 J > W J O N L O O N O O O o U O (� > O -: m L N � �p cn In U)4-4- � N co Q� N _ at U) 22 9 LE 2.E0� � IaSO � I_ � ` N� O a mN�ma o O O O U)U) H N N N L W U j �C� Q w U m J Z C) Z � U- W i Of H Z H � �.mo V N Z �Wm H W W o Q w•I_;Q �Y � -� -a ca YQw QUA W W�Q �m Z W O � Z< z W N W (2 Q W Q W c0 �(A U- U) W' (AJW W 22 22 N N O N (0 co Td O N 0 N N a)L M a� LO W' M N O E I E E m O m > U co O (6 fn (o O O_ L 70 y+ > O O O C N 4- L O N +� L O m L co > L O C O cB cB I (n L to _co N > L co L L — � N M 4 6 0 M � O N O co N a) L M d N N u EXHIBIT E DEVIATIONS: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. A deviation from LDC Section 6.06.02. A.2 which requires that a 5-foot wide sidewalk be provided on both sides of public and private rights -of -way or easements which are internal to the site, to instead provide a 5-foot wide sidewalk on one side of the private right-of-way as depicted in the master plan (Exhibit C). The sidewalk may only be omitted on one side of a street which is immediately adjacent to the rear of the structures and where no driveway accesses are provided. When residential units front on or have driveway access to both sides of a street, sidewalks shall be provided on both sides of the right of way. Where the sidewalk is omitted, the owner shall install Type D landscape material in its place. A landscape buffer easement is not required for these plantings. 2. A deviation from LDC Section 2.03.07 D.4.g which requires, upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall be redeemed at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TOR credits and TOR Bonus credits, to instead permit the developer to construct all units from base density (35 units) before requiring application of TDR credits. 3. A deviation from LDC Section 6.06.01.N which establishes the minimum right-of-way width of 60 feet be utilized, to instead establish that all internal roadways, if platted, may be reduced to a 50 foot right-of-way configuration in accordance with the right- of -way cross section attached to the Master Plan Exhibit C. 4. A deviation from LDC Section 4.07.02.G.1, Open space requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. 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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. Potable water and sanitary sewer lines are in the vicinity of the subject parcel. The master plan shows there is an existing eight (8)-inch water main and eight (8)-inch sanitary sewer line within the Santa Barbara Boulevard right-of-way. The master plan also shows the location of the existing six (6)-inch force main as well. The project proposes two (2) points of vehicular ingress/egress along Adkins Avenue. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. The applicant states the property is under the unified control of the current property owner, "whose sole beneficiary is Jorge Savloff, Managing Member." 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP Consistency section of this staff report (or within an accompanying memorandum). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The applicant has responded to this criterion by stating as follows: "In addition to the use of native vegetation, buffering, increased setbacks, and building height limitations, the owner has agreed to ensure that each unit will include one attached garage. This self- imposed requirement is intended to ensure that apartment -style development with a high amount of at -grade parking lots will not be developed in this location. This commitment has been made in concert with the neighbors who have participated in the public process to date." Page 104 of 262 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The total area required for open space is sixty percent (60%) or 4.67 acres. The land use summary in the master plan indicates that 3.32 acres would be open space. This equates to 42.6%, which is less than the minimum required. The applicant states the project would be compliant by "utilizing active or passive recreation areas as well as required yards and landscape areas which will meet or exceed the sixty percent (60%) requirement. Compliance with open space requirements must be demonstrated at the time of platting. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The applicant has responded to this criterion by stating as follows: "The development may be phased over the course of 2-3 years, and adequacy of roadway capacity, water and sewer availability, school capacity and fire/EMS service has been shown to be available." The proposed rezoning petition represents a net increase in the number of peak hour trips; however, as noted in the GMP Consistency section of this staff report, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips. Operational impacts will be addressed at time of 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 area has adequate supporting infrastructure, such as wastewater systems and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Two (2) deviations are being requested with this petition. Staff supports both deviations. 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. Page 105 of 262 Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the adjacent properties) is described in the Surrounding Land Use and Zoning section of this staff report. Staff determined the proposed uses are appropriate for this area of the County. The PUD density would be approximately 5.5 dwelling units per acre, which is consistent with the density rating system in the FLUE of the GMP and would further the County's TDR Program. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Official Zoning Map shows the parcels are directly adjacent to Waterford Estates PUD and the Royal Wood Golf and Country Club PUD. Therefore, it is staff s opinion that rezoning these parcels from RMF-6 to RPUD would not create an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The subject parcel is currently owned by the Polly Ave, LLC. The square -shaped boundary of the new RPUD is not illogically drawn. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes. The rezoning to RPUD also allows for the two (2) deviations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff does not anticipate the new uses would adversely impact living conditions in the neighboring community. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed rezoning represents a net increase in the number of peak hour trips; however, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of SDP or PPL review. 8. Whether the proposed change will create a drainage problem. Page 106 of 262 The proposed change will not create a drainage problem as the applicant will be required to submit a SFWMD permit and all required stormwater documentation to County staff to be evaluated during the development review process. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated that this amendment would significantly reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Staff does not anticipate the rezoning to RPUD would be a deterrent to the improvement or development of the vacant property to the south of Polly Avenue; neither would it have any effect on the adjacent water management area to the north; nor the adjacent properties to the west; nor in connection with the Royal Wood Golf and Country Club PUD; nor the adjacent properties to the east, which have already been developed with residential uses. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property may still be developed within the parameters of the current RMF-6 zoning district at a density cap of 3.2 units per acre; however, the petitioner is requesting a density bonus, which is allowed under the GMP. A density bonus requires a rezoning and therefore, the petition can be evaluated and action taken as deemed appropriate through the public hearing process. Page 107 of 262 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff s opinion the proposed uses and associated development standards will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated 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 platting or SDP process, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of PPL or SDP review. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during their advertised public hearing. Page 108 of 262 Collier County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Collier County Planning Commission Agenda Packet Checklist for PUDs to be submitted by Applicants and Agents Please provide the following documents to support your petition request: Materials provided by Planner: • Staff Report • Complete Draft Ordinance /Resolution initialed by County Attorney Materials to be provided by applicant: Application • Narrative of rezone request • Property Information • Property Ownership and general description of site Disclosure of Interest Affidavit of Unified Control N/A Affidavit of Representation NIM Information (Sign -in sheet, notes, minutes and/or summary, audio or video recording) NIM will be held on 9/10/24 - we will provide on 9/11/24 Traffic Impact Study (TIS) N/A Environmental Data N/A Historical/Archeological Surveyor Waiver N A Utility Letter Deviation Justifications Boundary Survey ❑� Amended PUD Ordinance (the last submitted Ordinance with strikethrough — color preferred) Other documents (as needed, on a case -by -case basis) such as relevant prior ordinances, conditional uses, historical documents, any "private or legal" agreements affecting the PUD etc. Write details below. I understand that by submitting the above materials, it is the agent/applicant's responsibility to ensure all materials are in the some order for all copies of backup materials to provide to the CCPC and the CD must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent's responsibility to ensure no documentation is left out. Margate+ Ernb�idge Digitally signed by Margaret Emblidge l U U Date: 2024.08.23 16:27:33-04'00' August 23, 2024 Signature of Agent Representative Date Margaret Emblidge, AICP Printed Name ot Signing Agent Representative 09/2022 Page 1 of 1 Page 109 of 262 Co 7e-r County Growth Management Community Development Department Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Insubstantial Change to a PUD (PDI) LDC subsection 10 Chanter 3 of the Administrative Code Pursuant to LDC subsection 10, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Naples Preserve Villas, LLC Name of Applicant if different than owner: Address: 2385 NW Executive Center Dr., #370 City: Boca Raton State: FL Zip: 33431 Telephone: (561) 994-3434 Cell: Fax: E-Mail Address: tsanjose@sobelco.com Name of Agent: Margaret Emblidge, AICP Firm: LJA Engineering, Inc. Address: 7400 Trail Boulevard, Ste. 200 City: Naples State: FL ZIP: 34108 Telephone: (239) 597-3111 Cell: Fax: E-Mail Address: memblidge@lja.com DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 2024 Page 1 of 4 Division • 2800 North Horseshoe Drive • Naples, FL 34104 •239-252-2400 www.colliercountvfl.gov/ Page 110 of 262 Co ICY C014"ty Growth Management Community Development Department Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides PUD NAME: Onyx FPUD ORDINANCE NUMBER: 16-24 FOLIO NUMBER(S): See attached list Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑X Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes X❑ No If yes, in whose name? Has any portion of the PUD been X❑ SOLD and/or X❑ DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑ Yes X❑ No If yes, please describe on an attached separate sheet. Revised 2024 Page 2 of 4 Division • 2800 North Horseshoe Drive • Naples, FL 34104.239-252-2400 www.co1flercountvfl..qov/ Page 111 of 262 Co Ter County Growth Management Community Development Department Need Help? GMCD Public Portal Online Payment Guide E-Permittinq Guides The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre -Application Meeting notes X Project Narrative, including a detailed description of proposed changes and why amendment is necessary Detail of request Current Master Plan & 1 Reduced Copy Revised Master Plan & 1 Reduced Copy NIA - not being rcvised Revised Text and any exhibits X PUD documentwith changes crossed through & underlined X PUD document as revised with amended Title Page with Ordinance # X Warranty Deed Legal Description X Boundary survey, if boundary of original PUD is amended NIA If PUD is platted, include plat hook pages N/A - Not platted Let List identifying Owner & all parties of corporation See Annual Report X Affidavit of Authorization, signed & notarized Completed Addressing Checklist Property Ownership Disclosure Form Copy of 8 Yz in. x 11 in. graphic location map of site Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. Revised 2024 Page 3 of 4 Division • 2800 North Horseshoe Drive • Naples, FL 34104.239-252-2400 www.colliercountvfl. govl Page 112 of 262 Co ier CO-ynty Growth Management Community Development Department Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Utilities Engineering: Parks and Recreation: Emergency Management: Naples Airport Authority: ❑ Conservancy of SWFL: Other: ❑ City of Naples: Other: FEE REQUIREMENTS X PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre -Application Meeting: $500.00 (Paid Prior to Pre -Application Meeting) X Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. X Fire Planning Review Fee: $150.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Naples Preserve Villas, LLC By: l' a L 019 Agent/ wnerSignature Date T.ZR.r o SAIv T o j'6 Applicant/Owner Name (please print) Revised 2024 Page 4 of 4 Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.colliercountvfl.govl Page 113 of 262 Naples Preserve Villas, LLC (Santa Barbara Place Villas) Folio Numbers 64637000024 64637000503 64637000040 64637000529 64637000066 64637000545 64637000082 64637000561 64637000105 64637000587 64637000121 64637000600 64637000147 64637000626 64637000163 64637000642 64637000189 64637000668 64637000202 64637000684 64637000228 64637000707 64637000244 64637000723 64637000260 64637000749 64637000286 64637000765 64637000309 64637000781 64637000325 64637000804 64637000341 64637000820 64637000367 64637000846 64637000383 64637000862 64637000406 64637000888 64637000422 64637000901 64637000448 64637000927 64637000464 64637000943 64637000480 64637000969 Page 114 of 262 Naples Preserve Villas, LLC 2385 NW Executive Center Drive Suite 370 Boca Raton, FL, 33431 Main Line (561) 994-3434 Letter of Authorization Naples Preserve Villas, LLC Whose Address is: 2385 NW Executive Center Drive Suite 370 Boca Raton, FL, 33431 Hereby designates: Tirso San Jose 2385 NW Executive Center Drive Suite 370 Boca Raton, FL, 33431 To act on behalf of Naples Preserve Villas, LLC for the purpose of submitting any application needed for permitting, zoning or construction contracts on property located at: Parcel One: The East 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 16, Township 50 South, Range 26 East, Less the North 30 Feet, the East 30 Feet and the South 30 Feet thereof, Collier County, Florida. AND Parcel Two: The West 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 16, Township 50 South, Range 26 East, less the North 30 Feet and the South 30 Feet, Collier County, Florida. Parcel ID# of 528080 10151316, Containing approximately 8.7 total acres (378,972 Square feet) of land zoned multifamily around address 5950 Onyx Cir, Naples, FL, 34112 More commonly known as: Naples Preserve Villas, LLC Signed this 11th of4etivary;7024 Napies4'reserveVillas, LLC a.Worida limited liabitity comp24iy By:, Jeffrey E. Sobel Its: Member f!!f NOTARY'S SIGNATk RE as to Owner or A ent's-Sii$�.(�ature Name (Printed) C 1`4A Y>�FNiy7 Personally Known V or Produced Identification_ e of Identification Produced EVAN YNFANTE Notary Public -State of Florida. Commission N HH 61603 My Commission Expires November 08, 2024 Page 115 of 262 ONYX RESIDENTIAL PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE PROJECT NARRATIVE & DETAIL OF REQUEST NARRATIVE The Applicant, Naples Preserve Villas, LLC, is a requesting to amend the Onyx RPUD Ordinance No. 16-24 pursuant to LDC Section 10.02.13.E.2. Insubstantial Change. Specifically, this request is to revise RPUD Exhibit B, Table 1 Development Regulations Table to specify internal development regulations for a platted townhome development. The existing RPUD did not account for some of the regulations associated with a platted development. The differences only apply to internal setbacks, building separation, lot widths and useable open space. All other elements remain the same. In addition to the Development Regulations, the Applicant is requesting a deviation from the 60% open space requirement to allow 40% open space to address the challenges created by the platting regulations and the definition of useable open space. See detailed requests below. History The Onyx RPUD was approved on September 13, 2016, see enclosed ordinance. A SFWMD Permit No. 11- 100683-P was approved October 22, 2018, and was subsequently modified on December 6, 2023. A Site Development Plan (SDP) was approved on March 3, 2020 (see Exhibit C). The SDP was based on developing a condominium style community. The original ownerstarted construction of two of townhome buildings and the clubhouse. Only the slabs and walls were complete. Due to a number of issues construction stopped and the property was purchased by the applicant, Naples Preserve Villas, LLC. The current owner has demolished the existing improvements to construct a similar building product. DETAIL OF REQUEST Development Regulations As depicted on the enclosed Revised RPUD Exhibit B, Table I Development Regulations Table and Exhibits A, A.2, and A.3 a new set of development regulations are proposed to specifically apply to a platted townhome development. The following standards are proposed: 1. Minimum lot area of 1,800 SF is added to reflect the minimum platted lot size. None was previously provided for a Townhome. 2. A 20ft, minimum lot width is proposed for each platted Townhome unit. The existing 60ft. for multi- family and townhome does not work for the typical platted attached townhome product. 3. The minimum floor area per unit, setbacks from Polly Avenue, Sunset Avenue, Santa Barbara, and Adkins Avenue remain the same as previously approved. 4. The minimum 20ft. distance between structures applies at two locations as depicted on Exhibit A. This separation will continue to accommodate emergency services and fire truck access creating no safety issues. Accessory structures will meet a 10ft. separation. Page 116 of 262 5. Proposed minimum Townhome unit internal setbacks (See Exhibits A, A.2 and A.3): • Front Yard — On lots that front on two rights -of -way, the front yard setback will be a minimum of 20 ft from the lot line on the side of the structure that has the driveway and the front yard setback of 6 ft. when adjacent to the side of the structure that does not have a driveway. The purpose of this differentiation is due to the plat creating a parcel line that ends at the platted rights -of -way and not the edge of pavement. A minimum loft distance from the structure's exterior wall to the edge of pavement will be the same as the SDP setback (See Exhibit A.2). A 23ft. driveway will be maintained and includes the minimum front yard of 20ft. and the distance between the lot line and the sidewalk. • Side Yard —A zero ft. side yard applies to the shared walls of the Townhome units. The 6ft. setback applies to the side of the structure that does not have a driveway. • hear Yard —A 10 ft. rear yard setback is measured from the rear wall of the unit to the platted lot line while maintaining a 20ft. perimeter setback. 6. Accessory structures - will have the same setbacks as the principal structures. 7. The Clubhouse parcel setbacks (See Exhibit A.3). • The clubhouse parcel will meet a loft. setback on the front, side and rear to its parcel line and maintain the 20ft. setback from the perimeter. 8. Setbacks from landscape buffer easements (See Exhibits A.2 and A.3). • Townhome units, Clubhouse and Accessory structures will have a 10ft. setback from perimeter buffers and a zero ft. setback from internal buffers. It is important to note that the development layout is essentially the same as the approved site development plan (Exhibit C) which was based on a condominium style development. Exhibit D is the draft Plat plans that depicts the same layout. There are no changes to the perimeter elements including the perimeter setbacks to the adjacent County rights -of -way, stormwater and preserve areas, and buffers. There are no new external impacts therefore compatibility will remain as previously approved, and all other requirements will be met. The following deviation request is based on a conflict between plats and the definition of useable open space. However, as detailed below, the project will still provide the previously approved 4.67 +/- acres of open space. Open Space Deviation Request Requesting relief from LDC Section 4.07.02.G.1, Open space requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. Justification As stated, the Applicant is requesting a deviation from the 60% open space requirement to allow 40% open space to address the conflict created by the platting regulations and with the definition of useable open space. The definition of useable open space: Open space, usable: Active or passive recreation areas such as parks, playgrounds, tennis courts, golf courses, beach frontage, waterways, lakes, lagoons, floodplains, nature trails and other similar open spaces. Usable open space areas shall also include those portions of areas set aside for preservation of native vegetation, required yards (setbacks) and landscaped areas, which are accessible to and usable by residents Page 117 of 262 of an individual Jot, the development or the general public. Qen water area beyond the perimeter of the site street rights -of -way, driveways, off-street porkinq and looding areas shall not be counted towards required Usable Open Space. This last sentence is what creates the conflict. The platting of the project results in privately owned street rights -of -way that coincides with the platted residential unit's lot lines. The sidewalks and some of the greenspace/landscape areas are located within the platted rights of way. These elements were included in the open space calculations on the SDP. This request is to simply allow the same elements to be included in the useable open space calculations on the Townhouse Site Plan and Plat. Exhibit B - Draft Plat Plan depicts this scenario. The approved SDP PL20190002911 -Exhibit C and the Draft Plat Plan have the same layout with the similar amount of open space of 4.67 acres. The following open space table approved for the SDP notes that the preserve, green space, sidewalk, & pool deck are included in the open space table. war-�,r-,-�rtir'�r�-•ter-,r�r�r,r�.-�,r�r �,r�r -� r USABLE OPEN SPACE REQUIREMENT PER LDC 1.08.02 * (PRESERVE+GREEN $PACE+SIDEWALK+DECK)J(7.79 AC) MIX USE AC % TOTAL REQUIRED (7,79 AC ?{ 0.6) 4,67 f0°�6 TOTAL PROVIaED 4.67 Since the plat layout is essentially the same as the SDP, the open space required and provided will be exactly the same 4.67 acres when the sidewalks and green space within the private platted rights -of -way are included. See Exhibit E which depicts the open space elements that are within the platted rights -of -way COMPLIANCE WITH LDC SECTION 10.02.13 E. Based on the following findings, the request is not a substantial modification and may be processed as a PUD Insubstantial Change. E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where: a. A proposed change in the boundary of the PUD; The request does not include a change in the boundary of the PUD Page 118 of 262 b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; No, the request will not generate a higher level of vehicular traffic. There is no change to the approved 48 residential units and development commitments pursuant to Ordinance No. 16-24. c. A proposed decrease in preservation, conservation, recreation, or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; The request does not change the preservation, conservation, recreation, or open space areas. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open spaces), or a proposed relocation of nonresidential land uses; The request will not modify any existing uses or intensities that would impact surrounding land uses or that would be incompatible. All committed perimeter buffers and setbacks remain the same. The conservation area (preserve) has been recorded in OR Book 5605 Page 1241 as part of the SDP approval. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; There are no changes that would increase the impacts previously assessed and addressed. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; The request does not change the approved land uses and nor will it generate additional traffic. Pursuant to Ordinance No. 2016-24 the maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed 33 PM Peak Hour, two way trips, This commitment will not change. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; The request does not result in increased stormwater retention or increased stormwater discharges. The stormwater volume as permitted by the SFWMD and the SDP will remain the same. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The request to reduce internal setbacks does not create an incompatibility with, or negatively impact, adjacent land uses. The development will still meet the required perimeter setbacks and buffering requirements. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; Page 119 of 262 There are no changes that would create an inconsistency with the Growth Management Plan j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DR]/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or The request is not located within a DRI. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. There are no substantial modifications as noted above. CONCLUSION This petition provides development regulations for a platted Townhouse development by establishing specific development standards for this type of residential product. In addition, a deviation requested forthe open space requirement is necessary to address a conflict between the definition of useable open space and the regulations for a platted development. The Townhouse Plat Plan (See Exhibit B.) proposes the same land use coverage as the approved Site Development Plan (See Exhibit C.), which provides 60% open space. The deviation is requested to document that the sidewalks and open space elements within the private platted rights -of -way are included in the useable open space calculation on the Townhouse Site Plan. Page 120 of 262 39.597.3111 FBPR:31200 H ACS:LB8416 www.LJA.com 400 Trail Blvd. Suite 200, Naples, Florida 34108 LEGAL DESCRIPTION ALL THAT PART SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 16; THENCE S 89018'51" E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 16 A DISTANCE OF 67.00 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SANTA BARBARA BOULEVARD (R.O.W. VARIES); THENCE LEAVING SAID NORTH LINE N 00010'10" E ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE N 00010'10" E A DISTANCE OF 604.49 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF ADKINS AVENUE (60' R.O.W.); THENCE S 89020'16" E ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 560.75 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SUNSET BOULEVARD (60' R.O.W.); THENCE S 00003'32" W ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 604.73 FEET TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF POLLY AVENUE (60' R.O.W.); THENCE N 89018'51" W ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 561.92 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 7.79 ACRES. REF. LJA DWG #13763-PLAT Page 121 of 262 INSTR 6500502 OR 6323 PG 3983 CLERK OF THE CIRCUIT COURT AND Doc@.70 S36,540.00 REC S27.00 CONS S5,220,000.00 Prepared BY: Craig M. Dome, Esq. Craig M. Dome, P.A. 2655 S. Le Jeune Rd PH 2C Coral Gables, FL 33134 E-RECORDED 1/24/2024 4:33 PM PAGES 3 COMPTROLLER, COLLIER COUNTY FLORIDA After Recording Return To: Jacob H. Fieanan, Esq. Akemran LLP 98 Southeast Seventh Street Suite 1100 Miami, FL 33131 [Space Above This Line For Recording Data] ecial Warranty ty Deed THIS SPECIAL WARRANTY„ D ED is made this 231a day of January, 2024, by POLLY AVE, LLC, a Florida limited liability company (hereinafte r ,caled ' e "Grantor"), whose post office address is 800 SE 4th Avenue, Suite 704, Hallandale Beach, FL 33009, and NAPLE PRESERVE VILLAS, LLC, a Florida limited liability company (hereinafter called the "Grantee"), whose post office ` ess is=2�85 NW Executive Center Drive, Suite 370, Boca Raton, FL 33431: (Whenever used herein the terms "Grantor" and "GranteV`Vdirlfle,all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, 40,0 and, iiustees, and other entities.) That the Grantor, for and in consideration of the d.T, FN AND N0/100 DOLLARS ($10.00), and other good and valuable consideration, to the Grantor in hand paid 4 the , tee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and transferred'add r ls" ese presents does grant, bargain, sell and transfer unto the Grantee, and the Grantee's successors and assigns forever, ]ovyjng described land (the "Pro a "), situate, lying and being in Collier County, Florida, to -wit; Condominium Unit Nos. 101, 102, 103, 104, 105, 106, 10��tf8 2A1, 202 , 203, 204, 205, 206, 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 501, 502, 7 ,.504a ,� 5, 506, 507, 508, 601, 602, 603, 604, 605, 606, 701, 702, 703, 704, 801, 802, 803, 804, of `I'l`i�ON3(X TOWNHOME VILLAS, A CONDOMINIUM, according to the Declaration of Condomidin*,fhe of recorded March 18, 2019 in O.R. Book 5608, Page 1943, and all exhibits and amendmerkfs th ' eof, Public Records of Collier County, Florida. A/1{/A . Parcel One: The East''/: of the Southwest %, of the Southwest 1/ of the Northwest''/a of Spti6 )6, Township 50 South, Range 26 East, less the North 30 Feet, the East 30 Feet and the South 30 t t ereof, Collier County, Florida. ` AND Parcel Two: The West %s of the Southwest 1/ of the Southwest 1/ of the Northwest 1/ of Section 16, Township 50 South, Range 26 East, less the North 30 Feet and the South 30 Feet, Collier County, Florida. Parcel Identification Number: 64637000024; 64637000040; 64637000066; 64637000082; 64637000105; 64637000121; 64637000147; 64637000163; 64637000189; 64637000202; 64637000228; 64637000244; 64637000260; 64637000286; 64637000309; 64637000325; 64637000341; 64637000367; 64637000383; 64637000422; 64637000448; 64637000464; 64637000480; 64637000503; 64637000529; 64637000545; 64637000561; 64637000587; 64637000600; 64637000626; 64637000642; 64637000668; 64637000684; 64637000707; 64637000723; 64637000749; 64637000765; 64637000781; 64637000804; 64637000820; ,intaniram nr%i- in- A4Q17rQR-h7Qn-AQ19-haaF-nt,=.gloA71ARF Page 122 of 262 OR 6323 PG 3984 64637000846; 64637000862; 64637000888; 64637000901; 64637000927; 64637000943; 64637000969;and 64637000406 TOGETHER WITH all the tenements, hereditaments and appurtenances, with every privilege, light, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. SUBJECT T (1) tncnons, reservations and easements of record, if any, and only to the extent that the same may still be in force and effecf, V),th this reference, reimposing same, (2) taxes for the year 2024 and subsequent years, which are not yet due and payable;ertain Order of the Collier County Code Enforcement Board (the "Board") recorded on May 23, 2022 in ORB 6130, ift the Public Records of Collier County, Florida, and (4) that certain Order of the Board recorded on March 17, 2023 in O 20, PG 912 in the Public Records of Collier County, Florida. AND the Grantor hereby covenants ith the Grantee that, except as to those matters specified above, at the time of the delivery of this deed, the Propert} -Waste "e from all encumbrances made by the Grantor; the Grantor is lawfully seized of the Property in fee simple; that the Grantor as good right and lawful authority to sell and convey the Property; that the Grantor hereby fully warrants the title to the Pro rty,.and,."I defend the same against the lawful claims of all persons claiming by, through or under the Grantor. k t [Signahu'e,As on the Following Page] \Intani(;am nnr Ill• d4Q1')rQA_h7Q(LdQ17_hnnA-Oi-,mR4od91AAr, Special Warranty Deed— Page 2 Page 123 of *** OR 6323 PG 3985 *** [Signature Page to Special Warranty Deed] IN WITNESS WHEREOF, the Grantor has hereunto set the Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness �^ Printed Name: ( P.O. Address: 4598 Trev Cir �, Roanoke Va 24019 i.: = . wittess Printed Name: Cynthia Allen ` P.O. Address: 1360 Post Oak Blvd. Ste 100 MC #-143 Houston, Tx. 77056 ST_kn OF «GINLk COLN-TY OF RO AOIM The foregoing instrument was acknowledged before me day of January, 2024 by Victor G. Bazzano Ambrosoni, behalf of the company, who L j is personally known or [ [Seal] VANESSA PAR Electronic Notary Public Commonwealth of Virginia Registration No. 7783998 My Commission Expires Jun 30, 2026 POLLY AVE, LLC, a Florida limited liability company By: kL&e 6z &ZZ17" AAro90& Victor G, Bazzano Ambrosoni, Manager f] physical presence or [online notarization, this 23 Vy Ave, LLC, a Florida limited liability company, on d d00MXkXb6X as identification. " Uruguay Identification Commissio E c�o lic `Votm. Public State t71 �'i sitiO Name: Yanessa,1`1 Acting in tite Cow t 6,f R04nok-e 11 Commission iwtp: a0 202ii Aft Registr-adon'\�uml -yt ,�998 Completed via Remote Wi>tlttaru using 2-wayAudio/Video tecim . Special Warranty Deed — Page 3 Vntnrur..am nnr in- d'AQ17r, QR_h7Qn-AQ19_haaR-nrraRqad71ARn, Page 124 of CAY County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Naples Preserve Villas, LLC 100% 2385 NW Executive Center Drive, #370 Boca Raton, FL 33431 Persons with Equitable Interest: Jeffrey E. Sobel and Samuel R. Sobel If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the )ercentage of interest: Name and Address % of Ownership 01/2023 Page 1 of 3 Page 125 of 262 Co�er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the CIICIdI d11U/UI nrnlLeU PdrLnerS: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the c' 111 lL.CI J, JwL.KI IUIUer S, UCIICI lUdr Its, Ur Pdr LnerS: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or of" g 11 d L,UI yul dLIUI I, Pdr UICf Jf 11p, Ur LI USL: Name and Address Date subject property acquired 1 /23/2024 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Page 126 of 262 tJ Co��er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: 1239) 252-1036 I Email: GMDClientservices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: Anticipated closing date: or AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, 1 attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Naples Preserve Villas, LLC By: 7As Signature T7/erL) s,41V::7-UsE Agent/Owner Name (please print) 1�4n /201�, Date 01/2023 Page 3 of 3 Page 127 of 262 2024 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L23000538084 Entity Name: NAPLES PRESERVE VILLAS, LLC Current Principal Place of Business: 2385 NW EXECUTIVE CENTER DR STE 370 BOCA RATON, FL 33431 Current Mailing Address: 2385 NW EXECUTIVE CENTER DR STE 370 BOCA RATON, FL 33431 US FEI Number: 93-4761162 Name and Address of Current Registered Agent: SOBEL, JEFFREY E 2385 NW EXECUTIVE CENTER DR STE 370 BOCA RATON, FL 33431 US FILED Apr 25, 2024 Secretary of State 506681718OCC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Authorized Person(s) Detail : Title AUTHORIZED MEMBER Name SOBEL, JEFFREY E Address 2385 NW EXECUTIVE CENTER DR STE 370 City -State -Zip: BOCA RATON FL 33431 Title AUTHORIZED MEMBER Name NAPLES PRESERVE VILLAS DEVELOPMENT LLC Address 2385 NW EXECUTIVE CENTER DR STE 370 City -State -Zip: BOCA RATON FL 33431 Title AUTHORIZED MEMBER Name SOBEL, SAMUEL R Address 2385 NW EXECUTIVE CENTER DR STE 370 City -State -Zip: BOCA RATON FL 33431 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that / am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: JEFFREY E. SOBEL AUTHORIZED MEMBER 04/25/2024 Electronic Signature of Signing Authorized Person(s) Detail Date Page 128 of 262 Naples Preserve Villas, LLC 2385 NW Executive Center Drive Suite 370 Boca Raton, FL, 33431 Main Line (561) 994-3434 Letter of Authorization Naples Preserve Villas, LLC Whose Address is: 2385 NW Executive Center Drive Suite 370 Boca Raton, FL, 33431 Hereby designates: Tirso San Jose 2385 NW Executive Center Drive Suite 370 Boca Raton, FL, 33431 To act on behalf of Naples Preserve Villas, LLC for the purpose of submitting any application needed for permitting, zoning or construction contracts on property located at: Parcel One: The East 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 16, Township 50 South, Range 26 East, Less the North 30 Feet, the East 30 Feet and the South 30 Feet thereof, Collier County, Florida. AND Parcel Two: The West 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 16, Township 50 South, Range 26 East, less the North 30 Feet and the South 30 Feet, Collier County, Florida. Parcel 1D# of 528080 1015B16, Containing approximately 8.7 total acres (378,972 Square feet) of land zoned multifamily around address 5950 Onyx Cir, Naples, FL, 34112 More commonly known as: Naples Preserve Villas, LLC Signed this 11th otaemuary,�024 Naples-Kreserve Villas,,12C ali'orida limited Iiabi ty com y ( By: Jeffrey E. Sobel Its: Member fff NOT Y'S SIGNAT RE as to Owner or A ent's 5i ature Name (Printed) �V'4/V YNFNN� Personally Known V or Produced Identification_ e of Identification Produced ";„IgIr:No EVAN YNFANTE ary Public-Stat9 of Florlda ommission # HH 61603 y Commission Expires `�+.....N �Novemhir 08, 2024 Page 129 of 262 PL20240004116 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, ! 1 PL� JJ Gam_ (print name), as t'+Sr! N r _ (title, if applicable) of NaPreserve Villas, LLC (company, If ap licable), swear or affirm under oath, that I am the (choose one) ownerQapplicant=contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize LJA Engineering,Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. Ares. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner:' of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it re true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Mrphysical presence or ❑ online notarization this _?y day of 4 NkZ (- , 20Z y, by (printed name of owner or qualifier) _rI /ts L ,S,4- TvJ W Such person(s) Notary Public must check applicable box: H Are personally known to me ❑ Has produced a current drivers license rl Has produced Notary Signature: CP108-COA-00 t 1511S5 REV 3/4/2020 as identification. £VAN YNFANTE _1, %Notary Public -State of Florida ?• commission N HH'61603 , as: My Commission Expires Page 130 of 262 PL20240004116 Naples Preserve Villas, LLC 2385 NW Executive Center Drive Suite 370 Boca Raton, FL, 33431 Main Line (561) 994-3434 Letter of Authorization Naples Preserve Villas, LLC Whose Address is: 2385 NW Executive Center Drive Suite 370 Boca Raton, FL, 33431 Hereby designates: Tirso San Jose 2385 NW Executive Center Drive Suite 370 Boca Raton, FL, 33431 To act on behalf of Naples Preserve Villas, LLC for the purpose of submitting any application needed for permitting, zoning or construction contracts on property located at: Parcel One: The East 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 16, Township 50 South, Range 26 East, Less the North 30 Feet, the East 30 Feet and the South 30 Feet thereof, Collier County, Florida. AND Parcel Two: The West V2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 16, Township 50 South, Range 26 East, less the North 30 Feet and the South 30 Feet, Collier County, Florida. Parcel ID# of 528080 10151316, Containing approximately 8.7 total acres (378,972 Square feet) of land zoned multifamily around address 5950 Onyx Cir, Naples, FL, 34112 More commonly known as: Naples Preserve Villas, LLC Signed this 11th o: �uary;'7024 Naples.P7eserve Villas, AC aFfbrida limited liabgitycomp,aly p r" By: Jeffrey E. Sobel Its: Member NOTARY'S SIGNATl1RE as to Owner or A ent's Si ature Name (Printed) IF VAN �>�FNN Personally Known kC or Produced Identification_ e of Identification Produced EVAN YNFANTE Vr Notary Public -State of Florida -� *= Commission it HH 61603 '+ - My Commission Expires °11 n.. �111- Novemb r 08, 2024 Page 131 of 262 Co Ter County Public Utilities Department April 12, 2024 Engineering & Project Management Division VIA: E-MAIL Kyle Poorman kpoorman@Ija.com Land Development 7400 Trail Blvd., Suite 200 Naples, FL 34108 Subject: Water and Wastewater Service Availability Project: Naples Preserve Villas Parcel #: 64637000969 Dear Kyle: The subject project is in the service areas of the Collier County Water -Sewer District's (CCWSD) regional potable water system and South Collier Water Reclamation Facility. Connection to the CCWSD's water distribution and wastewater collection systems will be permitted only after the GMD Development Review Division's approval of hydraulic calculations prepared by the Developer's Engineer of Record in accordance with the Design Criteria found in Section 1 of the Collier County Water -Sewer District Utilities Standards Manual. Adequate capacity to this project is not guaranteed until the project receives a commitment for service. Water service is available to the site via a 10" PVC water line running along Santa Barbara BLVD and 8" PVC along the north side of Adkins Ave. Potable water is available for domestic use, fire protection, and irrigation, subject to the provisions of LDC 4.03.08 C, the Collier County Irrigation Ordinance (2015-27), and other applicable rules and regulations. Potable water source pressure shall be verified by the results of a fire flow test not older than six months, in accordance with subsection 2.2.1, paragraph A. Wastewater service is available to the site via 30" PVC force main running along the north side of Polly Ave. Please contact the Wastewater Engineering Section(WasteWaterEngineering@colliercountyfl.gov) to confirm downstream wastewater transmission system capacity and force main connection pressure. A preliminary utility plan must be reviewed and discussed at a pre -submittal conference with representatives of the Public Utilities Department and the Growth Management Department, as required by Sec. 134-58, paragraph (b)(2) of the Code of Ordinances. This conference may be conducted by email at the discretion of the Public Utilities Department. Please contact Joanna Nicholson (Joanna.Nicholson(@colliercountyfl.go) for assistance with this requirement. Polk L)Ob -Engineering & P*d MrageR?M Division • 3339 Tamiami Trail East. Suite 303 • Naples, Ruda 34112-5361 •239-252-4285 -FAX 239-252-5378 Page 132 of 262 See the attached GIS screenshot for approximate utility locations. Record drawings for CCWSD utility infrastructure can be requested by emailing Utility Planning (Utilit Plannin colliercount I. ov). Respectfully, VargasC Digitally signed by VargasClaudia l a u d i a Date: 2024.04.12 11:30:35-04'00' Claudia Vargas Public Utilities Department Operations Support Specialist II, Engineering and Project Management CC: Howard Brogdon, Division Director, PUD/WD; Robert Von Holie, Division Director, PUD/WWD; Matthew McLean, Division Director, PUD/EPMD; Joe Bellone, Division Director, PUD/FOSD; Craig Pajer, Division Director, PUD/SRU; Ben Bullert, Supervisor Project Manager (Licensed) — Water, PUD/EPMD; Shon Fandrich, Supervisor Project Manager (Licensed) - Wastewater, PUD/EPMD; Brett Rosenblum, Supervisor Project Manager (Licensed), GMD/DRD; Joanna Nicholson, Site Plans Reviewer II, GMD/DRD; Utility Planning Section Page 133 of 262 GIS Screenshot (Overview) Page 134 of 262 GIS Screenshot (Water Connection) 53 -S�8 �,_ Adkinc AV .. a i 59% l o ? •, .� .�.. w5ystem valve D03508 0035085• S f Ma-holeMAY" s�Maiho' 0t24773 -- j 4 Ma nhcle _0022y4,793 .n 5990 c -975 : C', 5927 F+-4; x 7 ' d o`tt wSy stem Valve_0035079 c 8 wSystem Valve_0035075 - "J 5950 D49 ?- a jd% - l� i051 ` fi�a�-- wSysMnValve 0035067- wSystemValve 0035069.- 04 � 55M hole 0024781 .'oTs � r l -�Ony sManhole 0024769 temva_Ve_oo35073_ 5963 w9y stemValye+oo35071 p= 3''. H.2a? - P 1 i65. I awl l a 5951' - �WCV3845', - t I J ssManhole�, 00Y4791 Page 135 of 262 GIS Screenshot (Wastewater Connection) Page 136 of 262 ONYX RPUD PDI Justifications for Deviations Deviations 1-3 No Changes Deviation 4: A deviation from LDC Section 4.07.02.G.1, Open space requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. Justification: As stated, the Applicant is requesting a deviation from the 60% open space requirement to allow 40% open space to address the conflict created by the platting regulations and with the definition of useable open space. The LDC definition of useable open space: Open space, usable: Active or passive recreation areas such as parks, playgrounds, tennis courts, golf courses, beach frontage, waterways, lakes, lagoons, floodplains, nature trails and other similar open spaces. Usable open space areas shall also include those portions of areas set aside for preservation of native vegetation, required yards (setbacks) and landscaped areas, which ore accessible to and usable by residents of an individual lot, the development, or the general public. Open water area beyond the perimeter of the site, street rights -of -way, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space. This last sentence is what creates the conflict. The platting of the project results in privately owned street rights -of -way that coincides with the platted residential unit's lot lines. The sidewalks and some of the greenspace/landscape areas are located within the platted rights of way. These elements were included in the open space calculations on the SDP. This request is to simply allow the same elements to be included in the useable open space calculations on the Townhouse Site Plan and Plat. Exhibit B - Draft Plat Plan depicts this scenario. The approved SDP PL20190002911-Exhibit C and the Draft Plat Plan have the same layout with the similar amount of open space of 4.67 acres. The following open space table approved for the SDP notes that the preserve, green space, sidewalk, & pool deck are included in the open space table. Onyx RPUD Ordinance No. 16-24 - Insubstantial Change to a PUD (PDI) PL20240004116 Last Revised .tune 5, 2024 Page 137 of 262 .r + V 4' V Y v'v V Y Y -Y- --Y Y --r'Y Y v'v Y Y Y Y y V Y -1' -Y Y-v v '11 _-r_ '1' -.� r _r -,r .F y USABLE OPEN SPACE REQUIREMENT PER LDC 109.02 MIX USE AC % TOTAL REQL)IRED (7,79 AC X 0,6) 4.67 60F/6 TOTAL PROVIDED" 1 4.67 6CF/0 " (PRESERVE+GREEN SPACEa-SIDEWALK+DECK)j(7.79 AC) M Since the plat layout is essentially the same as the SDP, the open space required and provided will be exactly the same 4.67 acres when the sidewalks and green space within the private platted rights -of -way are included. See Exhibit E which depicts the open space elements that are within the platted rights -of -way. Onyx RPUD Ordinance No. 16-24 - Insubstantial Change to a PUD (PDI) PL20240004116 Last Revised June 5, 2024 Page 138 of 262 EXHIBIT E - OPEN SPACE DEVIATION m® LEGEND: I I Landscaped Areas (Useable Open Space) Sidewalks i (Useable Open Space) I i ' 'I Page 139 of 262 c MAO $ �gWm s d -fig BAN iz "Ej d > m 4 gm n I e�» � agm jFa ;a " _ �a as a i� ay=� bo<a€ ��4 Eggg; 0HOR g t W aa�6aa ao : e`�=se a_�< mQg"=ma o rasa! oz _�gPIH ame m...g4 Fw ,4 Yo ag q. 1 gBSYsifiH �hi 3a boa 61 ;! sp y F,.y��ym; �� '•:�a3� .4F C: 999--Nghia;�y �L•Y> �LLW; Rig �, PEGS S saaa��gaeG =Rs � � ,��.•� � me 5 .gesm: b<:W=is '64, is eel a "� " �7a ��tl�il�<dma d8�g�g�aE��awEgb�o 1 1 C901 Od 90Z9 XOO9 YO OS6 Od Z119 H008 NO I S30OH8 NNY H13BYZI73 - - 15ON1 A3M 735SS 73VHO- // I I n •n �'° n •" �i'"` oaVn3lnoe ASNns eee (o) ,tcwe w .zt.raoo s i � 901 emi eu eol It•Ll 3OYd OK x00. LOO 1N3N3SY3 N11YAN3SM7..--. n I 6 n311 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — i I � lm5 TOS 105 im5 R1S im5 I � < m _ i-- gZ I �• ^�_ ff"z�8 o_EEE_ roal �--'me m9 ro9 Ip 12 1 is 1m9 /� 2 • Ypp 2 �4 I � n \\�\ �� W a�6 V � ❑ ° I ff a I �� yg 11 1 I� I I I m i i I I I 1 8 r Z 1 I < ` mylbs0s 1 a :'� II �- � mZo yd m I .• I 1 TR G�� T - — V/ �< g9 y dQ m*m nn�— - ❑ m m o e / � I ` ,BY'W9 3 ,OL•OL0O N —it��— B01 BD1�� Bpl m 1 Ne area ti�� I i S ....___... ....... ._._.................................._---.—_—._........._................_.__—.._........... __. __...__._._.....__ u�m- --�--::c,.+��mt� N N 0 O N 0) m a_ EXHIBIT E DEVIATIONS: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. A deviation from LDC Section 6.06.02. A.2 which requires that a 5-foot wide sidewalk be provided on both sides of public and private rights -of -way or easements which are internal to the site, to instead provide a 5-foot wide sidewalk on one side of the private right-of-way as depicted in the master plan (Exhibit C). The sidewalk may only be omitted on one side of a street which is immediately adjacent to the rear of the structures and where no driveway accesses are provided. When residential units front on or have driveway access to both sides of a street, sidewalks shall be provided on both sides of the right of way. Where the sidewalk is omitted, the owner shall install Type D landscape material in its place. A landscape buffer easement is not required for these plantings. 2. A deviation from LDC Section 2.03.07 D.4.g which requires, upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall be redeemed at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TOR credits and TOR Bonus credits, to instead permit the developer to construct all units from base density (35 units) before requiring application of TDR credits. 3. A deviation from LDC Section 6.06.01.N which establishes the minimum right-of-way width of 60 feet be utilized, to instead establish that all internal roadways, if platted, may be reduced to a 50 foot right-of-way configuration in accordance with the right- of -way cross section attached to the Master Plan Exhibit C. 4. A deviation from LDC Section 4.07.02.G.1, Open space requirements which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. Onyx RPUD Ordinance No. 16-24 - Insubstantial Change to a PUD (PDI) PL20240004116 Last Revised June 5, 2024 Words underlined are added. Page 141 of 262 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for Single -Family and Multi -Family Residential land uses within the proposed Residential Planned Unit Development (RPUD). Standards not specifically set forth within this application 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 - RESIDENTIAL DEVELOPMENT STANDARDS Mill T.�A""',.,; Y TOWNHOUSE SINGLE-FAMILY nWEiING� AMENITY ACCESSORY � DWELLING/ CENTER STRUCTURES TOWNHOUSE ZERO LOT LINE (AC) � (R) MINIMUM LOT AREA N/A 1 88000 sgua�re 3,500 square feet N/A N/A feet MINIMUM LOT WIDTH 68 Feet 20 Feet 35 Feet N/A N/A MINIMUM FLOOR AREA 1,400 sgaafe OF BUILDINGS feet (peF uR}t) 1,400 square 1,400 square feet 750 square N/A feet per Unit feet MINIMUM BUILDING SETBACK 7-0 f 70 feet 70 feet NA 35 feet From Polly Avenue MINIMUM BUILDING SETBACK 150 fee t 150 feet 150 feet 150 feet 150 feet From Sunset Avenue MINIMUM BUILDING SETBACK 20 feet 30 feet 30 feet 30 feet 30 feet (From Santa Barbara Avenue MINIMUM BUILDING SETBACK 20 feet 20 feet 20 feet 20 feet 20 feet From Adkins Ave ROM Page 1 of 3 Revised July 15,2024 Page 142 of 262 MU T..�,1 FAMILY. TOWNHOUSE SINGLE-FAMILY AMENITY ACCESSORY WIF] I IIS�LRIDWELLING/ CENTER (AC) STRUCTURES TOWPf#QUS€ ZERO LOT LINE R MINIMUM DISTANCE BETWEEN STRUCTURES Principal Structure 25fee 20 feet 12 feet N/A SIPS Accessory Structure 4Z-feet 10 feet 0 or 10 feet 10 feet MINIMUM INTERNAL SETBACKS :20 fApt 20/6 feet 20 feet 2010 feet SPS Front Yard 2 5 6 feet, or 0' on one 10/15 feet(6) 20 feet Side Yard PA-#eet side and 12' on the 24) 10 feet 10 feet 0/6 feet (4) other Rear Yard 20 feet PO fees 20 feet 10 feet SETBACKS FROM 4$#eet 10 feet 10 feet 4$#eet 10 feef LANDSCAPE BUFFER Perimeter 10 feet 10 feet EASEMENT (L.B.E.) f3� Buffer Perimeter Perimeter 0 feet Buffer Buffer Intemal 0 feet 0 feet Buffer Internal Internal Buffer Buffer PRESERVE SETBACK 25 feet 10 feet MAXIMUM ZONED 2 stories & 35 2 stories & 35 feet 1 story & 25 35 feet HEIGHT feet feet feet MAXIMUM ACTUAL '' 2 stories & 42 2 stories & 42 feet feet 1 story & 25 42 feet feet _' HEIGHT feet Page 2 of 3 Revised July 15,2024 Page 143 of 262 Footnotes apply as noted to all trarts and lots On the PUD: GUrbed) Gr edge ef pavemeRt (if Ret GUFbed). This weuld apply te multi family development traGtS that de Ret have platted Fead Fights E)f way. 2. Front yard setback from the back of sidewalk to the face of the garage door must be a minimum of 23 feet for internal private roads. 3. All L.B.E.'s shall be platted as separate tracts or easements on the Plat.^ SheW^ as sepaFate tFaGt 9R the cno 4. 0/6 side yard — Zero (0) ft. for shared walls and six (6) ft. for exterior side walls of the units from a lot line 5. Lots that have more than one front yard may reduce the front yard adjacent to the side of the structure that does not have a driveway, to six (6) ft. from a lot line. 6. Amenity Center - A 15ft. setback is required only at the south property line/tract line Page 3 of 3 Revised July 15,2024 Page 144 of 262 239.597.3111 FBPE:31200 FDACS:LB8416 www.LJkcom 7400 Trail Blvd. Suite 200, Naples, Florida 34108 September 11, 2024 The Intake Team Via E-Permitting Collier County Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Onyx RPUD Ordinance. No. 16-24 - Insubstantial Change to a PUD (PDI) PL20240004116 Neighborhood Information Meeting Compliance Dear Intake Team: Attached to this cover letter are the following documents in accordance with Collier County's Neighborhood Information Meeting requirements: • Affidavit of Compliance • Neighborhood Information Meeting Advertisement as shown in the Naples Daily News • Neighborhood Information Meeting Property Owner Letters • Property Owner Mailing List • Affidavit of Publication from the Naples Daily News • Neighborhood Information Meeting Summary • Neighborhood Information Meeting Sign -In Sheet • PowerPoint Presentation (in PDF format) • Recording of the Neighborhood Information Meeting (uploaded separately at an Mp4 file) If you have any questions, you may reach me by telephone or email at memblidge@lja.com. Sincerely, LJA ENGINEERING, INC. MCWWWetF ' Margaret E. Emblidge, AICP Planning Director MEB/drr Enclosures K:\2023\23-0145 Santa Barbara Place Villas\Correspondences\Documents\NIM (PDI)\Compliance\Cover Letter.docx Page 145 of 262 Neighborhood Information Meeting Affidavit of Compliance I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance {Signature of STATE OF FLORIDA, COUNTY OF COLLIER The foreg ing instrument was acknowledged before me by means of 0 physical presence or Donline registration thi day of August 20 24 by Margaret Emblidge who is ❑✓ personally known to me or Ohas produced as identification. Signatureof Nota Public •. -41�� DENISE R. RAKICH i C-MMINIm 0 HH 2UM Expiru Mffy 24, 2028 Denise R. Rakich Print Name of !Votary Public Page 146 of 262 NEIGHBORHOOD INFORMATION MEETING PETITION: PL20240004116 — Onyx PDI (Insubstantial Change to PUD) The public is invited to attend a neighborhood information meeting in person or via Zoom held by Margaret Emblidge, AICP, of LJA Engineering, Inc. Tuesday, September 10, 2024, at 5:30 PM Collier County - South Regional Library* 8065 Lely Cultural Parkway Naples, FL 34113 *The Collier County Public Library does not sponsor or endorse this program. Subject Property: Parcel No 00418680009 1 Project ;- - —+ Location I S ---- " Pulls \\ F f � s _ lT\tryst Sl f. The property owner is petitioning Collier County to approve the revision of PUD Exhibit B, Table I, to specify internal development standards for a platted townhouse development and request a deviation on the subject property. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation, review project materials and discuss the project with the owner and Collier County staff. If you are unable to attend this meeting but have questions or comments, they can be directed by mail, phone or e-mail to: Margaret Emblidge, AICP LJA Engineering, Inc. 7400 Trail Boulevard, Suite 200 Naples, FL 34108 Telephone: (239) 597-3111 Email: memblidge@LJA.com Zoom Meeting Link: https:Hlja.zoom.us/j/84846516060?pwd=LmhVttoyQEGYIzILaEiTnAYnJk5XtN.1 Meting ID: 848 4651 6060 Passcode: 988153 Page 147 of 262 239.597.3111 FBPR:31200 FDACS:LB8416 www.LJA.com 7400 Trail Blvd. Suite 200, Naples, Florida 34108 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of an Insubstantial Change to PUD under PL20240004116. The applicant is petitioning Collier County to approve the revision of PUD Exhibit B, Table I, to specify internal development standards for a platted townhouse development and request a deviation on the subject property. In compliance with the Collier County Land Development Code requirements, a Neighborhood Information Meeting will be held on Tuesday, September 10, 2024, at 5:30 pm at the Collier County South Regional Library, Meeting Room B, 8065 Lely Cultural Parkway, Naples, FL 34113. (The Collier County Public Library does not sponsor or endorse this program.) Subject Property: Parcel No 00418680009 Project Location 1dl in, i � C y r. E�erctl J] _ 1 The subject property is located on the east side of Santa Barbara Boulevard abutting Adkins Avenue on the north and Polly Avenue on the south. The purpose and intent of this Neighborhood Information Meeting is to provide the public with notice of an impending zoning application and to foster communication between the applicant and the public. The expectation is that all attendees will conduct themselves in such a manner that their presence will not interfere with the orderly progress of the meeting. At this meeting, the petitioner will explain the project in detail, record your input as an interested neighbor and answer any questions you may have. If you have any questions, comments or do not feel comfortable attending the meeting in person, you do have the opportunity to participate virtually via an online Zoom meeting. Please note that remote participation is provided as a courtesy and is at the user's risk. The petitioner and LJA Engineering are not responsible for technical issues. The link and passcode for the online zoom meeting are shown below. Zoom Meeting Link: https:Hlja.zoom.us/j/84846516060?pwd=LmhVttoyQEGYlzILaEiTnAYnJk5XtN.1 Meeting ID: 848 4651 6060 Passeode: 988153 LJA ENGINEERING, INC. WwWwetEmbUdg& Margaret Emblidge, AICP Planning Director 7400 Trail Boulevard, Suite 200 Naples, FL 34108 Telephone: (239) 597-3111 Email: memblidge@lja.com Page 148 of 262 Naples Daily News - OB12212024 Page : D10 Your Source � 1 I for the latest... Your Source � 1 1 , for the IateSt... Youplatest... S : 1 far NEIGHBORHOOD INFORMATION MEETING PETITION: PL20240004116 —Onyx PDI (Insubstantial Change to PUD) The public is invited to attend a neighborhood information meeting in person or via Zoom held by Margaret Emblidge, AICP, of LJA Engineering, Inc. Tuesday, September 10, 2024, at 5:30 PM Collier County - South Regional Library* 8065 Lely Cultural Parkway Naples, FL 34113 The Collier County Public Library does not sponsor or endorse this program. Subject Property: Parcel No 00418680009 Project = f Location ll 4iiLAYL' r F The property owner is petitioning Collier County to approve the revision of PUD Exhibit B, Table I, to specify internal development standards for a platted townhouse development and request a deviation on the subject property. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation, review project materials and discuss the project with the owner and Collier County staff. If you are unable to attend this meeting but have questions or comments, they can be directed by mail, phone or e-mail to: Margaret Emblidge, AICP LJA Engineering, Inc. 7400 Trail Boulevard, Suite 200 Naples, FL 34108 Telephone: (239) 597-3111 Email: memblidge@LJA.com Zoom Meeting Link: https:Hlja.zoom,us/i/84846516060? pwd=LmhVttoyQEGYlzl LaEiTnAYnJk5XtN.1 Meting ID: 848 4651 6060 Passcode: 988153 August 23, 2024 5:57 pm (GMT-4:001 Pow,red by 7ECNAVIA Page 149 of 262 c co d L O (U O cz O N u7 L c d 5u G d O 0 c rn m 0 rn m L Ir 0 a X Z 0 I o 0 1 0 0 0 0 0 0 coLo 00N N N00co O O O W W N OM I i i I co 00 co It -It co Lo r It It O -,Zs. O a0 O — 00 (O CO W W O O O I M O N CA aD M M M M M M N O O O N O O Oo O CD co N N O N 00 00 O O U0 N M O 00 O N CO V"t"t V. 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LL LL Y w w w w w w w w w =' w w Q J J J J J J J J J 7 .J J a a a_ L- a d a a a z a a zzzzzzzzzzz � z ❑ ❑ J J m m ❑ ❑ o a Q J J r � Ira N cp r LO co C] r O co M co F � C7 M nn ❑ n❑z❑❑ J J J J n J O m ~ m 000O-jrmC� CE ❑,Do n❑m❑w pw OonJOOOap UQ �OF�r��:0 c: x02 J CO W J Lu J J co J Z —� 0 Z 0 w LLa U w Z o�❑o>oo❑pp� ]g Xpcn W �!Y(�[r zC7�F0 o v n O G o 0 M Z} m❑ m2,Itm(oo 7 VM': � v�2co0 Z Z � 00 z¢ ZwU)C)> �o Z Q Q J w N c~n¢ C7�CfN it jU r= W LU W Lu H o 0Z w x > ~ W U n Q Q N com Q 2 Y w ¢❑mzzgm<Dwazw 40r`—¢❑ t�¢-,2F-p0 z COm w w¢ p p¢ Z Z j 0 w J 0 a Q Q F a a� Z O O w> a a 2 r z W w 0 } ===a000ar--�-ma3—z n.da=a XXX0WWo -F->0 * LocaliQ Florida GANNETT AFFIDAVIT OF PUBLICATION Agnoli Barber Brundage Inc L]A Engineering, Inc.? 7400 Trail BLVD # 200 Naples FL 34108-2855 STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Naples Daily News, a newspaper published in Collier County, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Classified Legal CLEGL, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on: 08/22/2024 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 08/22/2024 Legal rSf Notary, t of 1, Co /of Brown My commission expires Publication Cost: $1413.20 Tax Amount: $0.00 Payment Cost: $1413.20 Order No: 10491989 # of Copies: Customer No: 1125687 0 PO #: THIS IS NOT AN INVOICE! Please do not use this farm for paymew remittance. NANCY HEYRMAN Notary Public State of Wisconsin PO Box 631244 Cincinnati, OH 45263-1244 Page 1 of 2 Page 153 of 262 NEIGHBORHOOD INFORMATION MEETING PETITION: PL20240004116 -Onyx PDI (Insubstantial Change to PUD) The public is invited to attend a neighborhood information meeting in person or via Zoom held by Margaret Emblidge, AICP, of LJA Engineering, Inc, Tuesday, September 10, 2024, at 5:30 PM Collier County - South Regional Library* 8065 Lely Cultural Parkway Naples, FL 34113 *The Collier County Public Library does not sponsor or endorse this program. Subject Property: Parcel No 00418680009 ��. Project Location The property owner is petitioning Collier County to approve the revision of PUD Exhibit B, Table I, to specify internal development standards for a platted townhouse development and request a deviation on the subject property. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation, review project materials and discuss the project with the owner and Collier County staff. If you are unable to attend this meeting but have questions or comments, they can be directed by mail, phone or e-mail to: Margaret Emblidge, AICP LJA Engineering, Inc. 7400 Trail Boulevard, Suite 200 Naples, FL 34108 Telephone: (239) 597-3111 Email: memblidge@LJA.com Zoom Meeting Link: https://lja.zoom.us/j184846516060? pwd=LmhVttoyQEGYlzlLaEiTnAYnJk5XtN.1 Meting ID: 848 4651 6060 Passcode:988153 :uer Page 154 of 262 239.597.3111 FBPR: 31200 FDACS:LB8416 www.LJA.com 7400 Trail Blvd. Suite 200, Naples, Florida 34108 Date: September 11, 2024 To: Tim Finn, Collier County From: Margaret Emblidge, AICP, Planning Director Re: Neighborhood Information Meeting PL20240004116 — Onyx PDI (Insubstantial Change to PUD) Meeting Summary The Neighborhood Information Meeting for PL20240004116 — Onyx PDI (Insubstantial Change to PUD) was held on Tuesday, September 10, 2024, at 5:30 PM at the Collier County - South Regional Library located at 8065 Lely Cultural Parkway, Naples, Florida 34113. Margaret Emblidge, AICP, Planning Director for LJA Engineering, introduced herself and the other project team in attendance: Jim Carr, P.E., LJA Engineering, Inc. Kyle Castillo, SobelCo Brent Bolde, Designer, LJA Engineering, Inc. Elise Wilcox, LJA Engineering, Inc. There were six (6) neighbors that attended in person, and no one called in through the Zoom link. The sign - in sheets are attached. Margaret presented the attached PowerPoint explaining the project: The Applicant, Naples Preserve Villas, LLC, is a requesting to amend the Onyx RPUD Ordinance No. 16-24 pursuant to LDC Section 10.02.13.E.2. The following are proposed for this PUD Insubstantial Change: 1. The modification to Exhibit B Table 1 — Residential Development Standards to add internal development regulations for a fee simple ownership platted townhouse development; and 2. A deviation from LDC 4.07.02.G.1, Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space to address the challenges created by the platting regulations and the definition of useable open space. A history of the project was presented. It was explained that the current plan for the project is to construct a platted subdivision instead of the previously planned condominium style development. An exhibit was reviewed that depicts the similarity of both layouts. This included the buffers, wall and preserve to remain Page 155 of 262 the same as the previous plan. Also noted was the request will not increase the number of units (48) nor create external impacts. The revised internal development standards for the platted fee simple ownership townhouse product were reviewed. The requested deviation regarding open space was explained that it would address the conflict between the definition and the actual useable open space being provided. The sidewalks and open space elements within the private platted rights -of -way are technically not included in the useable open space. However, these elements are still provided and would result in the Townhouse Site Plan providing 4.67 acres of useable open = 60%. Exhibits depicting these elements were presented along with the overall landscape and buffer plan. The next steps were reviewed regarding the scheduled HEX meeting which will be held September 26, 2024, at 1 pm at the Growth Management Department located at 2800 North Horseshoe Drive, Room 609/610. Questions from the attendees: 1. Confirmed the single access from Adkins Avenue. 2. What would be done with the existing wall? — The wall will be repaired where needed. 3. Who will be responsible for the maintenance of the preserve area? - The owner has entered into an agreement with the County and SFWMD regarding the maintenance into perpetuity. 4. Asked what the height of the buildings will be — Confirmed they are two-story units with a zoned height of 35ft. 5. Asked about lighting — Confirmed that the development will meet the County requirements that includes shielded lamps, and the lighting plan will be submitted by a photometric consultant. 6. Asked about the outfall of the drainage system — The stormwater system will have an outfall into the Santa Barbara drainage swales and will not outfall anywhere else. Margaret Emblidge, AICP Planning Director LJA Engineering, Inc. memblidgeAlja.com (239) 597-3111 Page 156 of 262 N N O LO N 0) m 0- � o J a d LU O p s W @� Z a a - z _j ~ ~ m W Z d1 L J Q J Z(A Q Z Y a O� ' N O� a O a UA 0 = OC Z a v "' ,,,, J zLL ILixZ) z `� 7 xm0OW } f V w IL 2 0i a z W Z z W J 0 ,.� of ui CO ,� !. 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Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Margaret Emblidge WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20240004116 LJA Engineering, Inc. 7400 Trail Boulevard. Suite 200 SIGNATU410E OV APPLICAN" _ R AGENT STREET OR P.O. BOX Margaret Emblidge, AICP NAME (TYPED OR PRINTED) Naples, FL 34108 CITY, STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The f re oing in me t was acknowledged before me by means of ✓ ysical presence or online notarization this [day ofli 2024, by Margaret Emblidge, who is �rsonally known to me or who has produced as identification. r � `��:�°� DENISE R. RWICH * * Corndsslon # HH 257M ''for map° E)Ires May 24, 2026 My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 LSig4nare of Not b is Tenise— k loa•k,�� Printed Name of Notary Public Page 181 of 262 N CD N O N 00 O m co a- LLJ U_ O � Z C Z r G `� � t o t•! V Q t.i N 0 a[ O C •� N ?/dw N ti cod i.L N. N� LL c, x 5 Q �.In o m CD c w zm M r`�U. =d^ o M°z �^ z Y U ? (D o E 0. w m o N a. 10/10/2024 Item # 3.0 ID# 2024-1183 PETITION NO. SV-PL20240005230 — 3747 Tamiami Trail East - Request for a sign variance from the Land Development Code Section 5.06.04.F.4.a. which requires "On Premises Wall Signs" to have a maximum allowable display area for wall signs that shall not be more than 20 percent of the total square footage of the visual facade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for the subject unit up to 24,999 square feet in area, to instead allow one fascia sign that will be a total of 238.7 square feet for the 21,009 square foot subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 4. ATTACHMENTS: Staff Report - SV-PL20240005230 - Planet Fitness Signage Attachment A - Backup Package Attachment B - Sign Variance Rendering Attachment C - Legal Ad & Sign Posting Page 183 of 262 i It Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING & ZONING DIVISION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: OCTOBER 10, 2024 SUBJECT: PETITION SV-PL20240005230, PLANET FITNESS SIGNAGE PROPERTY OWNER/AGENT: Owner: NTC North LLC 950 Yd Avenue New York, NY 10022 REQUESTED ACTION: Agent: David Clark, Contractor Southeastern Lighting Solutions 821 Fentress CT Daytona, FL 32117 The applicant is requesting a sign variance from the Land Development Code (LDC) Section 5.06.04.F.4.a. which requires "On Premises Wall Signs" to have a maximum allowable display area for wall signs that shall not be more than 20 percent of the total square footage of the visual facade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for the subject unit up to 24,999 square feet in area, to instead allow one fascia sign that will be a total of 238.7 square feet for the 21,009 square foot subject commercial unit number 3725. GEOGRAPHIC LOCATION: The approximate 5.08 acres subject property, folio number 00393520006, is located at 3747 Tamiami Trail East, Naples, FL 34112, and is located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. (Please see the location map on the following page) SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 1 of 8 Page 184 of 262 A a ° 0 z o W iIJ 7 n V 2 !el® Ud L Ci3 0) N CD co � V Ln CD CD 4 � J z O :f 0- 0 .6-0 cc 0 J N CD N O LO 00 O (6 d ;V-PL202400005230, Planet Fitness Signage ;eptember 17, 2024 Page 2 of 8 PURPOSE/DESCRIPTION OF PROJECT: The subject unit, 3725, is located within the subject property's existing shopping center located at 3747 Tamiami Trail East permitted in 1982 under permits numbered 82-1856 and 82-4993. Planet Fitness is proposed to utilize the 3725 unit at the shopping center and provide a recreational gym to enhance people's lives by providing affordable, high -quality fitness experience in a welcoming, non -intimidating environment. The general intent for the installation of the proposed sign is to welcome current and future patrons to the Planet Fitness gym. However, there is an existing facade for the subject unit that provides a larger area that could potentially overshadow the maximum requirement by code for a sign on the facade. Aside from the facade area, the subject unit is obscured by existing vegetation and existing commercial outparcel structures for patrons entering from Tamiami Trail East. Aerial of subject property and subject unit. Subject Unit identified with the red X. Street views identified by corresponding circles. Source: Collier County GIS SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 3 of 8 Page 186 of 262 The specific request is from LDC Sec. 5.06.04.F.4.a. which states: "The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade , including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25, 000 and 59,999 square feet and 250 square feet for buildings over 60, 000 square feet in area. " The variance request for the subject unit in the subject property is because the area of the subject unit is less than 24,999 square feet, but the wall sign on the facade will exceed 150 square feet. The total facade area is 2,972.4 square feet; therefore, the proposed sign display area will be 238.7 square feet, equating to only an 8% coverage of the visual facade, less than the maximum aloowed 20%. Therefore, the variance request is only for the 88.7 square feet in excess of the allowable display area of 150 square feet. The subject unit offers unique reasons to justify the variance request. The proposed wall sign will be proportional to the location and the storefront facade for easier wayfinding for patrons. The sign area to facade area ratio results in only 8% of the overall facade coverage. Even though the sign area request is in excess of the ratio to the store area, it is minimal in its impact on its visibility when attached to the commercial unit's facade. A large blank space in the facade where the signage is anticipated to be is detrimental through its appearance of a vacant unit on the site. If the code was applied, the letters would appear to be much smaller than other tenants, and the sign would appear even smaller within the existing facade. The location of the proposed Planet Fitness is approximately 450 feet from the edge of the Right -Of -Way, Tamiami Trail East, and is obscured by heavy vegetation as well as existing commercial outparcels. The requested excess in the sign display area will provide patrons who frequent the fitness center by walking, biking, or commuting a better visual and wayfinding display to know where to enter or park. SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 4 of 8 Page 187 of 262 Aerial photo; Source: Collier County Property Appraiser SURROUNDING LAND USE AND ZONING: North: Developed residential uses with a zoning designation of a Residential Planned Unit Development (RPUD), known as Vornado RPUD. South: Tamiami Trail E (U.S. 41) Right -of -Way (R.O.W.) and then a mix of developed and vacant commercial and residential lots with a zoning designation of Commercial Intermediate (C-3) zoning district and Travel Trailer Recreational Vehicle Compound (TTRVC) zoning district, respectively. East: Developed commercial and golf course/driving range with a zoning designation of Commercial Intermediate (C-3) zoning district and Golf Course (GC) zoning district, respectively. West: Developed commercial with a zoning designation of Commercial Intermediate (C-3) zoning district. SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 5 of 8 Page 188 of 262 GROWTH MANAGEMENT PLAN (G ) CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Future Land Use Map (FLUM) of the GMP. The GMP does not address individual variance requests but focuses on the larger issue of the actual use. The subject property, 3747 Tamiami Trail East, Naples, FL 34112, folio number 00393520006, is consistent with the FLUM. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element (FLUE), although the variance request is not addressed by the GMP. STAFF ANALYSIS OF SIGN VARIANCE CRITERIA: LDC Section 5.06.08.B.1.: a. That special conditions and circumstances exist that are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. Yes, the subject property location has a collection of buildings that have unique facades where they are taller than other tenants in the commercial plaza. The subject unit's facade's length is 120 feet wide and differs from other facades in the shopping plaza. The existing Goodwill store has a facade length of approximately 120 feet wide with an approximate leasable area of 34,000 square feet. The Goodwill wall sign is 110 square feet which is less than what was allowable. The existing Publix Grocery store has a facade length of approximately 220 feet wide with an approximate leasable area of 41,000 square feet. The Publix wall sign is 119 square feet and is also less than what was allowable. Lastly, the existing Bealls store has a facade length of approximately 388 feet wide with an approximate leasable area of 81,027 square feet. The Bealls wall sign is 247 square feet, which conforms to code standards. Store Store Area (SF) Facade Length (feet) Wall Sign Area (SF) Store -Wall Ratio (%) Goodwill 34,000 120 110 0.3 Publix 41,000 220 119 0.2 Bealls 81.027 388 247 0.3 Planet Fitness F21 120 238.7 Table 1 - Subject Property facade sign comparison; lowest amount per category in bold 1.1 From the table above, the subject unit Planet Fitness, when compared, has a facade length similar to that of the Goodwill unit. The wall sign area will still be less than the largest sign area belonging to the Bealls unit. The major setback for the proposed Planet Fitness sign is the store area since it is the smallest when compared to the other larger units but still contains a similar facade length to that of Goodwill. The unit's location is in the middle of the plaza and is obscured by a mixture of existing vegetation as well as multiple commercial outparcels. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would cause unnecessary and undue hardship on the applicant. SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 6 of 8 Page 189 of 262 The hardship for Planet Fitness is that the building and development are preexisting, as are the sightlines, landscape obstructions, and several commercial outparcels that obscure the view of various commuters. All the obstructions create a hindrance to the visibility of the proposed storefront. The proposed wall sign will be proportional to the location and the storefront facade for easier wayfinding for patrons. The height of the facade is important; however, it is also unknown compared to the other uses, as found in Table 1. According to the renderings, the subject unit's facade's height is 24.77 feet for an overall facade area of 2,972.4 SF. The sign area to facade area ratio results in an 8% coverage of the overall facade. Even though the sign area request is in excess of the ratio to the store area, it is minimal in its impact on its visibility when attached to the commercial unit's facade. A large blank space in the facade where the signage is anticipated to be is detrimental through its appearance of a vacant unit on the site. If the code was applied, the letters would appear to be much smaller than other tenants, and the sign would appear even smaller within the existing facade, which may diminish any aesthetic appeal for the overall shopping center. c. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. The proposed signage wouldn't change the essential character of the plaza since this sign will be placed solely on the dedicated facade of the proposed unit. The applicant is not altering any of the facade's structure and, therefore, will be using the pre-existing facade that has existed for over 40 years, since 1982. The parapet locations above the entrance are meant to allow the installation of the sign. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures, or buildings in the same zoning district. This proposed sign variance, when compared to the other storefronts included in Table 1, has less impact when compared to the facade area of the store font. To create balance and an aesthetically appealing look for the plaza, the sign variance will create consistency on the higher facade frontage. Both Publix and Goodwill have a higher facade but what appears to be a smaller facade area; otherwise, their wall sign would be overshadowed. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. The proposed sign variance doesn't appear overbearing compared to its own facade area since the sign would occupy only 8% of the entire facade area and elevation, which is much less than the 20% maximum allowable display area. The request is reasonable for the proposed use since the face of the unit is setback approximately 450 feet from the respective nearby right-of-way, along with obstructions from existing vegetation and multiple commercial outparcel structures. C That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 7 of 8 Page 190 of 262 The proposed sign will be designed in accordance with the Florida Building Code, stamped by an engineer, and installed according to what is permitted, pending the approval of this sign variance request. There are no adverse impacts on public health or safety that will result from this proposal. The signs are adequately spaced so as not to produce an undue proliferation of signage and have a clean appearance on the facade. In staff s opinion, the request for the sign variance to instead allow one fascia sign that will be a total of 238.7 square feet for the 21,009 square foot subject commercial unit number 3725 located at 3747 Tamiami Trail East, meets the intent of the LDC and is thus consistent with the GMP. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner render a decision to approve Petition SV- PL20240005230 as requested by the Applicant, with the following condition: 1. This approval is strictly for the sign variance request of the business use for Planet Fitness. Any change of business use will require a conforming wall sign. Attachments: A) HEX Backup Package B) Sign Variance Rendering C) Legal Ad & HEX Sign Posting SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 8 of 8 Page 191 of 262 HEARING PACKAGE CHECKLIST Return this form with printed materials A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO NOT ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT) B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. X Application, to include but not limited to the following: X Narrative of request X Property Information X Property Ownership Disclosure Form X Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. X Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) N/AAffidavit of Unified Control X Affidavit of Representation X Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) N/A NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio N/A Traffic Impact Study (TIS) N/A Environmental Data N/A Historical/Archeological Surveyor Waiver N/A Utility Letter N/A Deviation Justifications Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff lnlbrmation\job Aides or Help Guides Page 192 of 262 N/A Boundary Survey N� Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. N/A ubmerged Resource Surveys may be included here if required. N/A CD with only one pdf file for all documents in the same order as the packets are put together. They must be in the same order. I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same orderfor opi of bac materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple file ' the s e or s the printed materials. It is the agent's responsibility to ensure no doc mentation is left out. Sifna a of Agent Representative Dat Printed Name of Signing Agent Representative Revised 5/18/2018 Provide to Agents G.-\CDES Planning Services\Current\7oning Staff lryformation\Job Aides or Help Guides Page 193 of 262 co*er cOHal Y Growth Management Community Development Department 28W North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@collfercountyfl.gov www.colliercountyfl.gov Sign Variance Petition (SV) Land Development Code section 5.06.08 Chapter 31 of the Administrative Code APPLICANT CONTACT INFORMATION Name of Property owner(s): VOTC Unf-VVI- LL�. Name of Applicant if different than owner*' Lau d WO r k " C an 4 ra►C 4 O f Address: a 5ci 3r6 Aye. City: totW YO f K State: ly Y ZIP-l 00& a Telephone: 3 ) b C�2� 9 1-111 Cell: E-Mail Address: Name of Agent: d C l g r 1L. Firm- Sou-+h eC►S4L(n Sulu-+lon S Address: g 2 ( 4e_ n 4 fe SS C {- City_: [� .�, } n n 0-Stater I ZIP: 3 Telephone: 103191-i I1 Cell: E-Mail Address- �f`1"14S-25nu_rKP_gsAPf(\ anti Ana Solvi,ons. �o� PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application. if space is inadequate, attach description on a separate page. Property I.D. #: o fl�A 3 S Doc b ('0 Section/Township/Range: Subdivision: Unit: Lot: Block: Metes & Bounds Description: Address of Sign Location -� �� Afn �Q cr m +! I . Current Zoning Land Use of Subject Parcel: If a wall sign, length & height of wall upon which the Sign will be secured: a " .�� Kite 09/2022 Page i of 3 Page 194 of 262 GO-f---r 00114?MY Growth Management Community Development Department 28W North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov NATURE OF PETITION 1. On a separate sheet attached to the application, provide a detailed explanation of the variance request Including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, e.g. reduce setback from 15 ft to 10 ft; why encroachment is necessary; how existing encroachment came to be; etc. 2. Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the below listed criteria (a-f), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application, please address the following criteria: a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. b) That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would present unnecessary and undue hardship on the applicant. c) That the special conditions and circumstances which are peculiar to the land, structure, or building do not result from the actions of the applicant. d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. e) That the variance granted is the minimum relief that will make possible the reasonable use of the land, structure or building. f) That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Pre -Application Meeting and Final Submittal Requirement Checklist Sign Variance Chapter 31 of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application ✓ Pre -Application meeting notes Affidavit of Authorization signed and notarized Property Ownership Disclosure Form Completed Addressing Checklist ✓ Location Map depicting major streets in area for reference Survey or Site Plan of Property Once the first set of review comments are posted, provide the assigned project manager the Owner Advisory Letter and Certification El El 09/2022 Page 2 of 3 Page 195 of 262 cow county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl gov www.colliercountyfl.gov ASSOCIATIONS Complete the following for all registered Home Owner / Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Applicant is responsible for and shall confirm the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: Name of Homeowner / Civic Association: Mailing Address: City: FEE REQUIREMENTS State: ZIP: ❑� Sign Variance Petition: $2,000.00 ❑✓ Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 �✓ Fire Code Plans Review Fee: $50.00 All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. 'Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Of 09/2022 Page 3 of 3 Page 196 of 262 Co Jer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Assigned Planner: Zoning Pre -Application Meeting Notes Petition Type: Sign Variance (SV) DateanclTime: Wednesday 5/8/24 at 1:30pm - Zoom Sean Sammon Engineering Manager (for PPL's and FP's): Project Information Project Name: Planet Fitness Signage (SV) PL#: 20240005230 Property ID #: 393520006 Current Zoning: Project Address: 3747 Tamiami TrtitV: Naples State: FL Zip:34112 Applicant: David Clark - Southeastern Lighting solutions Agent Name: David Clark Phone: 386-238-1711 Agent/Firm Address: 821 Fentress Ct . City aytona BeStat : FL Zip. 32117 Property Owner: NTC North LLC o Buckingham Property Mgmt LLC Please provide the following, if applicable: i. Total Acreage: 5.08 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 09/29/2023 Page 1 1 of 5 Page 197 of 262 CO 8r County .000004�1 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliercountyfl.gov/Home/ShowDocument?id=75093 ZewIrvC„ — See-r.. SA,,y✓lv.✓J — S-e—c_n .4-Tl.-fGf,/.�r1 If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(a)naplesgov.com Allyson Holland AMHolland(a)naplesgov.com Robin Singer RSinger(cD.naplesgov.com Erica Martin emartin(dnaplesgov.com Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 09/29/2023 Page 1 2 of 5 Page 198 of 262 Planet Fitness Signage (SV)— PL20240005230 — Pre-App Notes — Zoning — Sean Sammon May 8, 2024, 1:30 pm • Applicant - Installation of wall sign for planet fitness. We do not comply with the signage allowance. • Subject Property: 3725 Tamiami Trl E, folio 00393520006; ±5.08 acres located within the Commercial Intermediate (C-3) Zoning District • Questions for Applicant to Consider for Narrative: o What is the hardship for this sign variance? o Narrative seems to reference city of Naples, only Collier County Code applies. o Will the awning be removed? If so, and if there's any other structure modifications to the fa4ade, please be sure to explain and include this all in the narrative o Will Planet Fitness be utilizing the directory sign at the access of US-41? Be sure it complies with LDC Sec. 5.06.04.F.3. ■ Any other variances will need to be included • Staff Recommends o Include the LDC section the variance request is from in both the Narrative and the Concept Plan that will be included in the hearing decision o LDC Section 5.06.04.F.4 for Wall, mansard, canopy or awning signs, will be the code reference for this sign variance o Be sure to factor in all information from 5.06.04.F.4. a. through g., that applies o May be helpful to provide the distance from the subject unit to the anchor stores, Bealls and Goodwill; compare sign area with their sign areas o It may be helpful to provide letters or support/no object from adjacent tenants • Sign Variance Process will reference LDC Sec. 5.06.08 o Application contents: ■ Appropriate submittal: Complete application & required property & zoning information and supporting documents ■ Narrative or detailed explanation of request: �H' �,e, age 199 of 262 • Explanation why sign variance is necessary (explain Hardship) - THIS IS THE KEY ISSUE FOR THE APPLICATION & how the need for the variance arose • Staff recommends relating the hardship to property conditions/issues more so than a preference/corporate template ■ Narrative responding to LDC Sec. 5.06.08.B.1, a. through f. (also page 2 of the application) ■ Survey/Conceptual Plan (24"x36") and one 8.5xl 1 copy: Show Sign Plan including: • Best to include most current survey on record • Show boundaries of the required maximum dimensions allowed by code • Show the proposed sign dimensions • Identify by cloud/circle/highlight the area that the variance request is for • Recommended to include a table explaining the dimensions for variance ■ Property Ownership Disclosure Form ■ Addressing checklist ■ 8.5"xl 1" graphic location map of the site - include major streets in the area for reference ■ Affidavit of Authorization ■ An Agent Letter shall be sent to property owners within 150 feet of the property lines covered by the petition following the initial staff review comments and prior to the resubmittal of the petition to the County. (Only applies to SV) • Requires at least 1 advertised public hearing o Public Notice requirements LDC Sec. 10.03.06 F. (only applies to SV) ■ Mailed notifications & newspaper advertisements ■ Posting of a sign prior to the first advertised public hearing ■ One advertised HEX public hearing (applies for both CU & VA) o Decision Maker: Hearing Examiner • Any further questions, please contact me at Sean.Sammon@colliercountyfl.gov - (239)252-8422 N G Page 200 of 262 Coffier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes Note: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 09/29/2023 Page 1 3 of 5 Page 201 of 262 Co*.r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Zoning Pre -Application Meeting Sign -In Sheet PL# 20240005230 Collier County Contact Information: Name Review Discipline Phone Email ❑ Laura Delohn Zoning - Vendor 252-5587 Laura.dejohn@colliercountyfl.gov ❑ John Kelly Zoning -Planner III 252-5719 john.kelly@colliercountyfl.gov ❑ Richard Henderlong Zoning -Planner III 252-2464 richard.henderlong@colliercountyfl.gov Ray Bellows Zoning & Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Mike Bosi Zoning & Planning Director 252-1061 Michael.Bosi@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning — Planner 111 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Eric Ortman Zoning— Planner III 252-1032 Eric.Ortman@colliercountyfl.gov Sean Sammon Zoning— Planner III 252-8422 Sean.sammon@colliercountyfl.gov ❑ Tim Finn, AICP Zoning - Planner III 252-4312 timothy.finn@colliercountyfl.gov ❑ Vacant Zoning — Planner II 252-5759 Sarah.kisner@colliercountyfl.gov Thomas Clarke Zoning - Operations Analyst 252-2526 thomas.clarke@colliercountyfl.gov ❑ Anthony Stoltz Utility Planning - Supervisor 252-5835 Anthony.stoltz@colliercountyfl.gov ❑ Drew Cody Utility Planning — Project Mgr III 252-2917 Drew. cody@col IiercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Shon Fandrich Utilities -Project Mgt -Supervisor 252-8835 Shon.fandrich @colIiercountyfLgov Ll Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Michael Gibbons Structural/Resident Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humph ries@colIiercountyfLgov ❑ Laurie Beard PUD Monitoring -Project Mgr II 252-5782 laurie.beard@colliercountyfl.gov ❑ Sean Lintz North Collier Fire -Batallion Chief 597-9227 Blintz@northcollierfire.com ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Shar A.Beddow Dep. Fire Marshal - Gr Naples Fire 241-1422 sbeddow@gnfire.org ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov 11 Derek Perry Assistant County Attorney 252-8066 Derek. perry@colIiercountyfLgov Ll Diane Lynch Management Analyst 1 252-4283 diane.lynch@colliercountyfl.gov ❑ Mark Templeton I Landscape Review 252-2475 1 mark.templeton@colliercountyfl.gov r_I Gino Santabarbara I Impact Fees — Planner III 252-2925 Gino.santabarbara@colliercountyfl.gov Updated 09/29/2023 Page 1 4 of 5 Page 202 of 262 f CoIffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 ❑ Thomas Mastroberto Gr. Naples Fire Site Plans Rev. III 252-7348 thomas.mastroberto@colliercountyfl.gov ❑ Jessica Malloy GMP-Comp Planning -Planner II 252-4329 Jessica. maIloy@col IiercountyfLgov Parker Klopf GMP—Comp Planning — Planner III 252-2471 Parker.klopf@colliercountyfl.gov ❑ Stephenne Barter GMP—Comp Planning — Planner II 252-7707 Stephenne.barter@colliercountyfl.gov Vacant GMP-Comp Planning -Planner III 252-2834 @colliercountyfl.gov ❑ James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov ❑ Alexandra Mitchel Environmental Specialist 252-2907 1 Alexandra.Mitchel@colliercountyfl.gov ❑ David Roe Environmental Specialist 252-2915 David. Roe@ col IiercountyfLgov ❑ Lauren Murray Environmental Specialist 252-2306 Lauren.murray@colliercountyfl.gov ❑ Craig Brown Environmental Review Manager 252-2548 craig.brown@colliercountyfl.gov ❑ Vacant Environmental Review Supervisor 252-4211 @colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Jocelyn Nageon De Lestang, P.E. Engineering Stormwater 252-2434 Jocelyn. NageondeLestang@colIiercountyfLgov ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colliercountyfLgov ❑ Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ Cormac Giblin, AICP Director— Econ. Dev. & Housing 252-2460 Cormac.giblin@colliercountyfl.gov ❑ Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Brett Rosenblum-P.E Dev. Review -Supervisor Proj. Mgt 252-2905 brett.rosenblum@colliercountyfl.gov ❑ Michele Mosca, AICP Community Develop. — Planner III 252-2466 michele.mosca@colliercountyfl.gov Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Renald Paul Client Services 252-2443 1 Renald.paul@colliercountyfl.gov ❑ Lisa Blacklidge Building Review 252-2758 Lisa. blacklidge@col IiercountyfLgov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email DNvicj v G (� r1 S 4 Updated 09/29/2023 Page 1 5 of 5 Page 203 of 262 Zoning Pre-App Attendance - Wednesday May 8, 2024 at 1:30pm — Zoom Applicant/Agent —David Clark — Southeastern Lighting Solutions Planet Fitness Signage (SV) — PL20240005230 — Sean Sammon thomas clarke (Me) Sean Sammon (Host) Samantha's Whone F jI 0 compagnone_d 0 JenniferBreining Ray Bellows, Zoning Manager ShirleyGarcia Page 204 of 262 CoiL;e, Cor:.�cy Growth Management Community Development Dept. ZONING STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING Meeting Date: Wednesday 5/8/2024 Zoning Operations Staff: Thomas Clarke Planet Fitness Signage (SV) - PL20240005230 - Planner: Sean Sammon • Applicant Submitting Request: David Clark —Southeastern Lighting solutions 386-238-1711 permits@southeasternIightingsolutions.com • Agent to list for PL# David Clark —Southeastern Lighting solutions • Owner of property (all owners for all parcels) NTC North LLC % Buckingham Property Mgmt LLC • Confirm Purpose of Pre-App: Sign Variance (SV) • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): N/A • Details about Project: Installation of a wall signs for Planet fitness. We do not currently comply with the signage allowance. Se_- 1�7f rch-clo 'p1_,t_ 5 '��' N,+ati,a�r`ve Cancellation/Reschedule Requests: Contact Connie Thomas- Supervisor — Permitting Consuela.thomas@)colliercountyfl.gov - Phone: 239-252-2473 Created April S, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Page 205 of 262 ABealls 9 ty 3701 3725 t INV t � ll Ilil. avHo IWtoM 51GI1 f eM wlxo lur11110 tk TAMIAMI TRL (US HWY 41) (44,331 AADT) olTENANT 3701 Bealis 81,027 3711 Looking Good Salon 1,328 3713 DollarTree 8,200 3725 AVAILABLE 21,009 3737 Rent -A -Center 4,770 3743 Tokyo Sushi 2,000 3745 Nails & Spa 2,000 3747 T-Mobile 2,608 3749 Metro byT-Mobile 1,760 3751 Jose Ramirez, DDS 2,640 3753 Szchuan Chinese Restaurant 3,504 3755 AVAILABLE 3,746 3771 Heartland Dental 3,586 Al Wwriation ghien herdn Is obtained from sources considered reliable. However, we are not mponsibleformisstatement of facts, errors, omissions, prior salt withdrawal from rnaAEL nmodlfrcation of mortgage mmmhrnent, terms and candderatons, ordtanile in"w thwt notice. The information supplied herein is for informational purposes only and shall not contain a warranty or assurance that said information is correct. Any person intending to rely upon the information supplied herein should verify said information independendy. ' FOR LEASING INFORMATION. 8902 N Dale Mabry Hwy Luli Cannon Tampa, FL 33614 813.712.3054 800.728.5379 (cannon@rmcpg.com www.RMCPG.com Page 206 of 262 7j `:r 255 PINEBUSH ROAD. CAMBRIDGE ONTARIO CANADA NIT 1B9 p R I D I G N Sa TEL: 519.622.4040 FAX:519.622.4031 WWW.PRIDESIGNS.COM City of Naples March 8, 2024 735 8th Street South, Naples, Florida 34102 Attn: Sign Variance Committee Re: Planet Fitness —3725 Tamiami Trail E — Sign Variance To whom it may concern, Please accept this letter on behalf of our client, Planet Fitness as part of the submission requesting a sign variance for the location listed above. The client wishes to install 1 fascia sign on the west elevation; however, the Sign By -Law allows a sign area no greater than a maximum of 150 sq ft. Summary of Variances and Relief Requested To permit one (1) fascia signs on the west elevation Drawing Reference: PF-CL102X0249.120K PERMIT & PF-CL07X0491.120K PERMIT • Overall Size — 5' 10" X 40' 11" • Overall sign area — 238.70x sq ft • Clearance From Grade —16.88 ft r• .ir. rnrltd�r In ne m. Mdtr:;ry tness �r 236' 'iT TOTAL .pl-netfi Page 207 of 262 Image from Google View site outlined in red. Site Location: The subject lands are located at 3725 Tamiami Trail E. The subject lands are zoned as C-3 but is also located in Collier County. The site is generally surround by Commercial properties located to the north and south. The property is currently being developed for the new Planet Fitness 1 FRONT EXTERIOR ELEVATION Page 208 of 262 Background: Planet Fitness was founded in 1992, in Dover, New Hampshire, United States. The company started as a single gym location named "Planet Fitness" and aimed to provide an affordable and judgment -free fitness experience to a broad range of individuals. Planet Fitness has become known for its distinctive branding and marketing as a "judgment -free zone," emphasizing inclusivity and a non - intimidating atmosphere for people of all fitness levels. Throughout its history, Planet Fitness has focused on community engagement and promoting fitness in a friendly and approachable environment. It has become one of the largest and most recognizable gym chains in the United States and has expanded its presence internationally. More than 90% of Planet Fitness stores are owned and operated by independent businessmen and women. Today, Planet Fitness has become one of the largest and fastest -growing franchisors and operators of fitness centers in the United States by number of members and locations. With more than 2,400 locations in 50 states, the District of Columbia, Puerto Rico, Canada, Panama, Mexico and Australia, Planet Fitness has continued to spread its unique mission of enhancing people's lives by providing an affordable, high - quality fitness experience in a welcoming, non -intimidating environment. Rationale: As per the Code of Ordinances City of Naples Section 50-35 (a) (1) — states: • Single -tenant and multitenant parcels: Signage shall not exceed 20 percent of the visual facade of the building on which it is located. No individual wall sign shall exceed 80 percent of the width of the tenant space occupied by a business, with a minimum of 10 percent clear area on each outer edge of the tenant space. • Single -tenant parcels: 1 sign per street fronted upon. Multitenant parcels: 1 sign per tenant; however, tenants with frontage on 2 streets may be permitted 1 sign on each street frontage. • Single -tenant and multitenant parcels: 60 square feet maximum. Page 209 of 262 The elevation frontage is over 120 ft, and the unit is in the middle of the plaza. It is located more than 140 ft from Tamiami Trail E. Unit location view from Tamiami Trail E The proposed signage would not alter the essential character of the area as it proposes a sign in a location within the unit's facade in an appropriate context within the commercial development which it is a part of. The parapet locations above the entrance were intended to contain signage, and a large blank space in the facade where signage is anticipated to be is detrimental through its appearance of a vacant unit on the site. The proposed sign also helps achieve urban design principles by breaking up the massing of the blank parapet with a change of material and color. Planet Fitness has not created a hardship as the building and development are pre-existing, as are the sightlines and associated landscape obstructions which hinder visibility to the unit. Planet Fitness will be occupying a large space, and therefore requires signage to identify and reflect the size of their space and investment. The signage does not appear overbearing, particularly from the public realm as the unit face is setback over 140 ft from the respective surrounding right of ways. The proposed Planet Fitness sign would occupy less than 13% of the overall elevation. The proposed signage will allow Planet Fitness to maintain the corporate branding standards. The sign will be advertising the tenant and will help to provide identification for vehicular traffic. The proposal will not have a negative impact on the site or surrounding neighborhood. The signs are adequately spaced to not produce an undue proliferation of signage and have a clean appearance on the facade. Based on the foregoing, the proposed signage for Planet Fitness will not detract from the general surrounding area, nor will it create a precedent. Page 210 of 262 Conclusion: In conclusion, the building is in an area with a variety of businesses and sign types and sizes. The signage proposed represents the identification of Planet Fitness in an attractive and contemporary way, while architecturally integrating it in an effective manner that does not adversely impact the surrounding uses. Given the unique physical constraints of the site and the surrounding area, Planet Fitness is subject to a hardship relating to visibility of the signage and their unit. The signage proposed is not overbearing and does not appear out of context with the existing development or surrounding area. The proposed sign would benefit the business by allowing it to be more easily identifiable by-passing pedestrians and motorists. Having legible signage within the plaza will help limit distractions for internal vehicular and pedestrian traffic by allowing the unit location to be quickly identified on site, encouraging safe movement within the site. The proposed signage does not result in a substantial change relative to the previous signage in this location and will help ensure that the development is not perceived to have a vacancy in this location. The signage is reflective of the scale of the investment which Planet Fitness has put into this location and will help ensure that their commitment to the community is successful. Planet Fitness looks forward to creating positive change within the township through their pledge to promote healthy and active lifestyles at this location, and the consideration and support of Zoning relating to this application is very much appreciated. Should you have any questions relating to the proposal, please do not hesitate to contact the undersigned. The proposed signage program represents a significant investment into the site and enhances the on -site experience for customers while identifying Planet Fitness business to the public. The signage will not impede visibility of any adjacent premises and will not pose a threat to public safety. We thank the City of Naples for their consideration of this proposal, and should you have any questions, please contact the undersigned. Thank you, Bismarck Coca JR — Senior Permit Coordinator Pride Signs Ltd T: 519-622-4040 x274 E: bcocajr@pridesigns.com Page 211 of 262 ' Ilk C p LL C) N i 0 w 2� O i Q� J u� r -- �.......... � u Wl � 3� N (D N 0 N N N CD co a_ Corr County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov NATURE OF PETITION 1. On a separate sheet attached to the application, provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, e.g. reduce setback from 15 ft to 10 ft; why encroachment is necessary; how existing encroachment came to be; etc. 2. Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the below listed criteria (a-f), pursuant to LDC subsection 5.06.08 B. On a separate sheet attached to the application, please address the following criteria: a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. b) That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would present unnecessary and undue hardship on the applicant. c) That the special conditions and circumstances which are peculiar to the land, structure, or building do not result from the actions of the applicant. d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. e) That the variance granted is the minimum relief that will make possible the reasonable use of the land, structure or building. f) That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Pre -Application Meeting and Final Submittal Requirement Checklist Sign Variance Chapter 3 1 of the Administrative Code The tollowing Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application I V Pre -Application meeting notes ❑ Affidavit of Authorization signed and notarized ✓ Property Ownership Disclosure Form Completed Addressing Checklist Location Map depicting major streets in area for reference Survey or Site Plan of Property Once the first set of review comments ore posted, provide the assigned project manager the Property Owner Advisory Letter and Certification ❑ 09/2022 Page 2 of 3 Page 213 of 262 4colfler C01411ty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ASSOCIATIONS Complete the following for all registered Home Owner / Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Applicant is responsible for and shall confirm the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: Name of Homeowner / Civic Association: Mailing Address: City: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: State: ZIP: City: State: ZIP: City: State: ZIP: FEE REQUIREMENTS ❑ Pre -Application Meeting: $500.00 ❑� Sign Variance Petition: $2,000.00 �✓ Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that al/ of the information indicated on this checklist is included in this submittal package. 1 understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Signature of Petitioner or en Printed named of gning party 09/2022 u�- 5� 1 Date Page 3 of 3 Page 214 of 262 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, �G� w,`A (print namp), as Ak" "—w (title, If applicable) of TC- Mor, tr ocO t4 "l (domnanv. If a liable), swear or affirm under oath, that I am the (choose one) owner applicant ®contract purchaser and that: I . I have full authority to secure the approval(s) requested a FI446wacne-en as approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions In this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions Imposed by the approved action, 5. Well authorize t-: to act as our/my representativ In any matters rregardi g this petition Including I through 2 above. �� t.� 4. 4A...n, e..W 4- VT 44 %4►� aU 4kJA w i► A,i- "'Y`�- in a"`7 �o�e ..�`li a•aj 'Notes. o -% +A A- erv$ -lr, "s t4- r4 16A4s 16 • If the applicant Is a corporation, then it is usually executed by the carp. pros. or v. pres. * If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." . If the applicant Is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant Is a limited partnership, then the general partner must sign and be identiflad as the "general partner" of the named partnership. if the applicant is a trust, then they must Include the trustee's name and the words "as trustee". • in each instance, first determine the applicant's status, e.g., Individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, i declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. l ��( Signature pate STATE OF FLORIDA COUNTY OF COLLIER Tho foregoing Instrument was acknowleged before me by means of physical ressnes or online n tadzation this -- day of, 20, by (printed name of owner or qu liner)jr1 Such person(s) Notary Public must check applicable box: Are personally known to me Has produced a current drivers license ® Has produced as Identification. Notary Signature: 1(11�J'kwR CM08-COA40115\155 REV 3/4/2020 o��Y puBli e •••'••. o MIKAYLACOX * * Commission # HH 462577 FOF FOP7 Expires November 8, 2027 Page 215 of 262 Co rer County Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: * LOCATION MAP and/or SURVEY showing the proposed project boundary. List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 2 7 '7 Folio # - 00393520006 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] NBC No&v, Lt, L_ STREET ADDRESS(ES) where applicable, if already assigned. PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD Addressing@coiliercountyfl.gov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division . 2800 North Horseshoe Drive . Naples, FL 34104 . 239-252-2400 www. co I I ie rco u n tvfl. g ov Page 216 of 262 Growth Management Community development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServlces@colllercountyfl.gov www.colliercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of Interest form. Please complete the following, use additional sheets if necessary. a. If the property Is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or Joint tenancy, list all parties with an ownership interest as well as the )ercentage of such interest: Name and Address % of Ownership b. If the property Is owned by a CORPORATION, list the officers and stockholders and the percents a of stock owned by each: Name and Address r6 of ownership C. If the property Is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: 01/2023 Name and Address % of Ownership t �r IAS Page 1 of 3 Page 217 of 262 COAT County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 ( Email: GMDClientServices@colllercountyfl.gov www.calliercountyfl.gov d. If the vroaerty is in the name of a GFNFRAI nr I IMITFII PARTMPPIZ14IP Ilc++ho ntimn of+hn enerai and/or limitedpartners: Name and Address % of Ownership e, if there Is a CONTRACT FOR PURCHASE with an Individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners; Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or of or trust; Name and Address g. Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, Indicate the following: 01/2023 Page 2 of 3 Page 218 of 262 Growth Management Community Development Department 2800 Forth Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1096 1 Email: GMDCllentservices@colllercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: , or Anticipated closing date: Any petition required to have Property ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other Interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the Information Indicated on this checklist Is included In this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department ) GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl,gov Agent/Owner signature i Agent/owner Name (please print) 01/2023 S l�-/Z,4 Date Page 3 of 3 Page 219 of 262 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. rar the purposes of this requirement. the hra►nes and addresses of properm owners shall he deemed those appearing on the latest tar rolls of Collier Count. and anti other persons or entities who have tirade a firtnal retlhmsl of the county to he notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit ofcompliance was acknowledged before me this /jLA day of �' 2024 by Aim/ SAOU t who is personally known tome or who has produced r,_ ,vj n &—vewd as identification. tgnature of Notary Public) - Printed Name of Notary Page 220 of 262 255 PINEBUSR ROAD. CAMBRIOGEONTARM CANADA NIT 189 P R I D I G N S,1 TEL: 519,M4040 FAX:519.6M4011 WW WARIDESIGNS.COM September 9th, 2024 Name: Board Of County Commissioners Utility Division Address: 3301 Tamiami Trail E #H -3 City: Naples, FL Zip Code: 34112-4961 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: Planet Fitness is located in the Naples Town Center with entrances along the northeast side of Tamiami Trail and Palm Drive. Subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. It is our intent to ask Collier County to allow our client Planet Fitness to install a new sign with a sign area of 238.7 sq ft whereas Collier County permits a maximum of 150 sq ft. on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, I have enclosed a copy of the Sign Proposal along with the Letter of Rationale. 1 may be reached by email for telephone should you require further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest_ Sincerely, T�ar� 7remden Donna Thomson Senior Permit Co-Ordinator Pride Signs Ltd 255 Pinebush Road Cambridge, ON Canada MT 1139 Email: ..�� Phone: 519-622-4040 ext. 213 Page 221 of 262 IUF 265 PINEBUSH ROAD. CAMBRIDGE ONTANIO CANADA NIT 189 p R 1 D i G N S,, TF' 519.622.4M FAX:519.622.4071 W W W.PRIDESIGNS.COM September 9th, 2024 Name: DIAIEFF LLC ALISAN LLC Address: 185 NW SPANISH RIVER BLVD City: BOCA RATON, FL Zip Code: 33431-4227 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: Planet Fitness is located in the Naples Town Center with entrances along the northeast side of Tamiami Trail and Palm Drive. Subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. It is our intent to ask Collier County to allow our client Planet Fitness to install a new sign with a sign area of 238.7 sq ft whereas Collier County permits a maximum of 150 sq ft. on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, I have enclosed a copy of the Sign Proposal along with the Letter of Rationale. I may be reached by email for telephone should you require further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Darur� �rahr�e� Donna Thomson Senior Permit Co-Ordinator Pride Signs Ltd 255 Pinebush Road Cambridge, ON Canada NIT 1139 Email: rirarnsn�' Phone: 519-622-4040 ext. 213 Page 222 of 262 7�* US NNESOSH ROAD, CAMSRIGGE ONTARIO CAWA NIT IE9 p R I D � G N S,. TEL: 519.82L.948 FAx:519.822A871 W W W.PRIDESIGNS.COM September 9th, 2024 Name: EC PROPERTIES LLC c/o BUCKINGHAM PROPERTIES Address: 657 EAST MAIN ST City: MOUNT KISCO, NY Zip Code: 10549 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: Planet Fitness is located in the Naples Town Center with entrances along the northeast side of Tamiami Trail and Palm Drive. Subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. It is our intent to ask Collier County to allow our client Planet Fitness to install a new sign with a sign area of 238.7 sq ft whereas Collier County permits a maximum of 150 sq ft. on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, I have enclosed a copy of the Sign Proposal along with the Letter of Rationale. I may be reached by email for telephone should you require further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Darut� /%e�ire:as� Donna Thomson Senior Permit Co-Ordinator Pride Signs Ltd 255 Pinebush Road Cambridge, ON Canada N1T 1B9 Email: .i'.._.., , Phone: 519-622-4040 ext. 213 Page 223 of 262 2SS PDIEGUSN ROAD, CAMBRIDGE ONTARIO CANADA N1T 109 p R I D ■ y S• TEL. 519.622.4040 FAx:519.622.4071 ,IV991V.PRIDESIGNS.CON September 9th, 2024 Name: KELVIN FLORIDA LLC c/o Fiesta Restaurant Inc. Attn: Lease Accounting Address,14800 LANDMARK BLVD #500 City: Dallas. TX Zip Code: 75254 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: Planet Fitness is located in the Naples Town Center with entrances along the northeast side of Tamiami Trail and Palm Drive. Subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 2S East, Collier County, Florida. It is our intent to ask Collier County to allow our client Planet Fitness to install a new sign with a sign area of 238.7 sq ft whereas Collier County permits a maximum of ISO sq ft. on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, I have enclosed a copy of the Sign Proposal along with the Letter of Rationale. I may be reached by email for telephone should you require further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, T7��tst� / LB`ita�ri Donna Thomson Senior Permit Co-Ordinator Pride Signs Ltd 255 Pinebush Road Cambridge, ON Canada NIT 169 Email: Phone: 519-622-4040 ext. 213 Page 224 of 262 255 PINEOUSH ROAD, CAMBRIDGE ONTARIO CANADA NIT 189 p R 1 D E ' ✓ 1 \i/ N S, TEL S19.6 4040 FAX:519.622.4021 W W W.PRIDESIGNS.COM September 9th, 2024 Name: GLADES C C APTS ASSOC INC Address:186 TERYL RD City: NAPLES, FL Zip Code: 34112-6062 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: Planet Fitness is located in the Naples Town Center with entrances along the northeast side of Tamiami Trail and Palm Drive. Subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. It is our intent to ask Collier County to allow our client Planet Fitness to install a new sign with a sign area of 238.7 sq ft whereas Collier County permits a maximum of 150 sq ft. on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, I have enclosed a copy of the Sign Proposal along with the Letter of Rationale- 1 may be reached by email for telephone should you require further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, T%BIfALCL �htd8rar Donna Thomson Senior Permit Co-Ordinator Pride Signs Ltd 255 Pinebush Road Cambridge, ON Canada N 1T 169 Email: Phone: 519-622-4040 ext. 213 Page 225 of 262 li& 255 PINEBUSN ROAD. CAMBRIDGE ONTARIO CANADA NIT 189 P R I a ' V N 5 TEL 519.622.4040 FAX 519.622.4071 W W W.PRIDESIGNS.COM September 9th, 2024 Name: GLADES GOLF & COUNTRY CLUB INC Address: 174 TERYL RD City: NAPLES, FL Zip Code: 34112 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: Planet Fitness is located in the Naples Town Center with entrances along the northeast side of Tamiami Trail and Palm Drive. Subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. It is our intent to ask Collier County to allow our client Planet Fitness to install a new sign with a sign area of 238.7 sq ft whereas Collier County permits a maximum of 150 sq ft. on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, I have enclosed a copy of the Sign Proposal along with the Letter of Rationale. I may be reached by email for telephone should you require further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, T%rsfs2 /�.ohzae� Donna Thomson Senior Permit Co-Ordinator Pride Signs Ltd 255 Pinebush Road Cambridge, ON Canada MT 1139 Phone: 519-622-4040 ext. 213 Page 226 of 262 255 PINEBUSH ROAD, CAMBRIDGE ONTARIO CANADA NIT IB9 p R I D I G N 5. TEL: 519A22AW FAx:519.62A4031 WWW.PROVESIONS.COM September 9th, 2024 Name: MILLER BULLOCH, LINDSEY ANN CAM MCALLISTER BULLOCH Address: 1305 3RD AVE S #314 City: NAPLES, FL Zip Code: 34102 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: Planet Fitness is located in the Naples Town Center with entrances along the northeast side of Tamiami Trail and Palm Drive. Subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. It is our intent to ask Collier County to allow our client Planet Fitness to install a new sign with a sign area of 238.7 sq ft whereas Collier County permits a maximum of 150 sq ft. on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, I have enclosed a copy of the Sign Proposal along with the Letter of Rationale. I may be reached by email for telephone should you require further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, 7�ous� / G�lxdorL Donna Thomson Senior Permit Co-Ordinator Pride Signs Ltd 255 Pinebush Road Cambridge, ON Canada NIT 1139 Email: Phone: 519-622-4040 ext. 213 Page 227 of 262 255 PINEBUSH ROAD. CAMBRIDGE ONTARIO CANADA NIT IB9 PRl D IVNS. TEL:378.6t24018 FAx:318.372.�837 INVYIN.PRIOESIGNS.COM September 9th, 2024 Name: NTC NORTH LLC C/O BUCKINGHAM PROPERTY MGMT LLC Address: 950 THIRD AVENUE, 17'" FLOOR City: NEW YORK, NY Zip Code:10022 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: Planet Fitness is located in the Naples Town Center with entrances along the northeast side of Tamiami Trail and Palm Drive. Subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. It is our intent to ask Collier County to allow our client Planet Fitness to install a new sign with a sign area of 238.7 sq ft whereas Collier County permits a maximum of 150 sq ft. on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, I have enclosed a copy of the Sign Proposal along with the Letter of Rationale. I may be reached by email for telephone should you require further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Donna Thomson Senior Permit Co-Ordinator Pride Signs Ltd 255 Pinebush Road Cambridge, ON Canada NIT 189 Email: i lr,:. n1. Phone: 519-622-4040 ext. 213 Page 228 of 262 255 PINEBUSH ROAD, CAMBRIDGE ONTARIO CANADA NIT 1B8 p R I D I G N S,L' S19.6TZ4010 FAI(:519.622.4031 W W W.PRIDESIGNS.CON September 9th, 2024 Name: WBC CAMBRIA GRANDE VILLAS INC Address: 2316 PINE RIDGE RD STE 351 City: NAPLES, FL Zip Code: 31409 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: Planet Fitness is located in the Naples Town Center with entrances along the northeast side of Tamiami Trail and Palm Drive. Subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. It is our intent to ask Collier County to allow our client Planet Fitness to install a new sign with a sign area of 238.7 sq ft whereas Collier County permits a maximum of 150 sq ft. on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, I have enclosed a copy of the Sign Proposal along with the Letter of Rationale. I may be reached by email for telephone should you require further information_ In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, D�Kat� �lehc2e�t Donna Thomson Senior Permit Co-Ordinator Pride Signs Ltd 25S Pinebush Road Cambridge, ON Canada NIT 1139 Email: n Phone: 519-622-4040 ext. 213 Page 229 of 262 N N 4- 0 O CY) N N 0) (0 vJ_i - .. K _.1_=0?2�.=i z IS .., '4 54 >� sti i q qqq �d) in�yv,{ypmp �s}� 1p��l f�'ppf Iaa7}} 1p1 t�hp} tpp7 tpNp'f tN�l �N�yy tN+! l+N] p�p a N E C _ �� 7�QQ _ LL4�X� ZZ%AAA m F JQ LL `� f. J J LLLLLL�=�ILLLLLLL J JJJJ 8 y�ZW ac Wy�/IOOWUNJW W v a m v z 0� 4dQ Z Z ca4ujwaaiQaaa4 m 2 z Z Y z Y a� Q a � � U c m o z S o M C7 c w = w w FZF z O wwQ m mm � o 2I m c w O J O c m a ci m '3 q m w F z v E c zm �O = uj N en a<¢ Z? u) W rc�¢a w W P ob O ai � Q<- m L C W W (a IL V J ¢ tOE N lU W H F tgi� _ VQyuj .06 Q a F 2 a z m a C O O C M RQ O R IX a F4 ��wwww QIL ram LL Jbe �o�N��`8'c888 [L=Q1t�c�8z¢�a E K�" Y Y 2 w7� Z Z 1 c,p C to O mQmIRR926 z j aaaa 4� s Q m Vl <o— to QJ�Qco 0 Uc oNNNN p O" 3 m C) z UC1U z 2 z V c — to 2 a L° of w » > 4> C G u O .. W V N N7 O V Z wQQ w 40 O U J= K�K�C7 U U ¢0Q Uj J O U J443 5 a �W(3c°� a.~` j,�r:mmmw mzza oLL LLOwwIL wm0C, zm mCjaaU uc3 $� c8ow0ax,rz33 N co N O c') N N cm co a- Page 232 of 262 kPROPERTY QROUP September 6, 2024 Collier County Government Center 3299 Tamiami Trail East Naples, FL 34112 8902 N Dale Mabry Hwy, Suite 200 Tampa, FL 33614-1588 Phone: 813.960.8154 Fax: 813.963.2596 www.rmcpg.com Subject: Agreement to Abide by HEX Conditions for Signage Petion No, PL20240005230 I am writing to formally acknowledge and agree to the conditions set forth by the HEX regarding the installation and maintenance of the sign at Unit 3725 3747 Tamiami Trail East As outlined in our previous correspondence and the conditions provided, I confirm that the sign will adhere to the following specifications: • Overall Height: 40 feet 11 inches • Overall Width: 5 feet 10 inches • Overall Sign Area: 238.7 square feet We understand that these specifications are crucial for compliance with HEX regulations and are committed to ensuring that the sign will be constructed, installed, and maintained in accordance with these parameters. Should there be any additional requirements or modifications necessary to meet the HEX standards, please do not hesitate to inform us. We are dedicated to maintaining the highest level of compliance and appreciate your assistance in facilitating this process. Thank you for your attention to this matter. We look forward to continuing to work with you to ensure that the signage meets all necessary-t-qgulations. Sincerely, Eric Wilso Property Ma ewilson@rmc p Page 233 of 262 City of Naples March 8, 2024 735 8th Street South, Naples, Florida 34102 Attn: Sign Variance Committee Re: Planet Fitness —3725 Tamiami Trail E, Naples, FL— Sign Variance To whom it may concern, Please accept this letter on behalf of our client, Planet Fitness as part of the submission requesting a sign variance for the location listed above. The client wishes to install 1 fascia sign on the west elevation; however, the Land Development Code permits a sign area no greater than a maximum of 150 sq ft. Summary of Variances and Relief Requested To permit one (1) fascia signs on the west elevation Drawing Reference: PF= CL070X0491.120K—PERMIT • Overall Size — 5' 10" X 40' 11" • Overall sign area — 238.70x sq ft • Clearance From Grade —16.88 ft 12471 min Bridge con ectortobe"of'MuIberry } — --- ----------------- — �I E 6 :r 238.7 rt roraL JJCOF Page 234 of 262 Image from Google View site outlined in red. Site Location: The subject lands are located at 3725 Tamiami Trail E. The subject lands are zoned as C-3 under the Collier County zoning. The site is generally surround by Commercial properties located to the north and south. The property is currently being developed for the new Planet Fitness. r EQ WEST ELEVATION 116' = V-0" - 120'-0" - LEASEO FRONTAGE t fitnes PF_-CL070x0091.120R. Page 235 of 262 Background: Planet Fitness was founded in 1992, in Dover, New Hampshire, United States. The company started as a single gym location named "Planet Fitness" and aimed to provide an affordable and judgment -free fitness experience to a broad range of individuals. Planet Fitness has become known for its distinctive branding and marketing as a "judgment -free zone," emphasizing inclusivity and a non - intimidating atmosphere for people of all fitness levels. Throughout its history, Planet Fitness has focused on community engagement and promoting fitness in a friendly and approachable environment. It has become one of the largest and most recognizable gym chains in the United States and has expanded its presence internationally. More than 90% of Planet Fitness stores are owned and operated by independent businessmen and women. Today, Planet Fitness has become one of the largest and fastest -growing franchisors and operators of fitness centers in the United States by number of members and locations. With more than 2,400 locations in SO states, the District of Columbia, Puerto Rico, Canada, Panama, Mexico and Australia, Planet Fitness has continued to spread its unique mission of enhancing people's lives by providing an affordable, high - quality fitness experience in a welcoming, non -intimidating environment. Rationale: As per the Collier County Land Development Code Section 5.06.04 Development Standards for Signs in Nonresidential Districts • One wall, mansard, canopy or awning sign shall be permitted for each single -occupancy parcel or or for each unit in a multiple -occupancy parcel • The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual fagade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet • No wall sign shall exceed 80 percent of the width of the unit(s) or the building with a minimum of 10 percent clear area on each outer edge of the unit(s) or of the building. Rendering of Proposed Plane Fitness Sign Page 236 of 262 Planet Fitness will be occupying Unit 3725 which has an overall square footage of 21009 for the unit. The elevation frontage is over 120 ft and is in the middle of the plaza. The proposed Planet Fitness although exceeds the sign area allowance for the maximum square footage permitted it does not exceed 80% of the width of the unit 120' X 80% = 96' permitted, the proposed sign is 40' 11" which is 34% of the elevation width. Although the sign area exceeds the maximum 150 sq ft sign area permitted the proposed signage will occupy 8% of the elevation and only 11% of the front entrance area. Google Street view of the Unit location from Tamiami Trail E. Google Street view from Palm Drive Page 237 of 262 Based on the attached photos from Google Street view it is very difficult to see the Planet location due to the landscaping and building located in the vicinity of their unit. Sign visibility and awareness is extremely important as it can be the difference between running on losses or running a profitable business. The proposed signs will play a vital role in increasing visibility for the business and making passersby aware of their presence and enticing them to explore more. This location has a few buildings that have unique facades where they are taller that other tenants in this plaza. With the unique facade by following the regulations the sign would look time in comparison to the other sites. The letters would appear to be much smaller than other tenants and the sign would appear to be lost on the facade. To create balance and an appealing look for this plaza the larger sign would create the consistency on the higher facade frontage. I have included 2 sites Publix and Goodwill located within the plaza that have a similar higher facade and where a larger sign area is required otherwise the sign would appear to be lost l.. The proposed signage would not alter the essential character of the area as it proposes a sign in a location within the unit's facade in an appropriate context within the commercial development which it is a part of. The parapet locations above the entrance were intended to contain signage, and a large blank space in the facade where signage is anticipated to be is detrimental through its appearance of a vacant unit on the site. The proposed sign also helps achieve urban design principles by breaking up the massing of the blank parapet with a change of material and color. The hardship for Planet Fitness is the building and development are pre-existing, as are the sightlines and associated landscape obstructions which hinder visibility to the unit. Planet Fitness will be occupying a large space, and therefore requires signage to identify and reflect the size of their space and investment. Page 238 of 262 The signage does not appear overbearing, particularly from the public realm as the unit face is setback over 450 ft from the respective surrounding right of ways. The proposed Planet Fitness sign would occupy less than 8% of the overall elevation and only 11% of the front entrance area. The proposed signage will allow Planet Fitness to maintain the corporate branding standards. The sign will be advertising the tenant and will help to provide identification for vehicular traffic. As the proposed sign will be designed in accordance with the Florida Building Code, stamped by an Engineer and installed in accordance with the approved plans should the variance and subsequent permit be approved. Accordingly, there are no adverse impacts to public safety resulting from the proposal. The proposal will not have a negative impact on the site or surrounding neighborhood. The signs are adequately spaced to not produce an undue proliferation of signage and have a clean appearance on the fagade. Based on the foregoing, the proposed signage for Planet Fitness will not detract from the general surrounding area, nor will it create a precedent. Conclusion: In conclusion, the building is in an area with a variety of businesses and sign types and sizes. The signage proposed represents the identification of Planet Fitness in an attractive and contemporary way, while architecturally integrating it in an effective manner that does not adversely impact the surrounding uses. Given the unique physical constraints of the site and the surrounding area, Planet Fitness is subject to a hardship relating to visibility of the signage and their unit. The signage proposed is not overbearing and does not appear out of context with the existing development or surrounding area. The proposed sign would benefit the business by allowing it to be more easily identifiable by-passing pedestrians and motorists. Having legible signage within the plaza will help limit distractions for internal vehicular and pedestrian traffic by allowing the unit location to be quickly identified on site, encouraging safe movement within the site. The proposed signage does not result in a substantial change relative to the previous signage in this location and will help ensure that the development is not perceived to have a vacancy in this location. The signage is reflective of the scale of the investment which Planet Fitness has put into this location and will help ensure that their commitment to the community is successful. Planet Fitness looks forward to creating positive change within the township through their pledge to promote healthy and active lifestyles at this location, and the consideration and support of Zoning relating to this application is very much appreciated. Should you have any questions relating to the proposal, please do not hesitate to contact the undersigned. The proposed signage program represents a significant investment into the site and enhances the on -site experience for customers while identifying Planet Fitness business to the public. The signage will not impede visibility of any adjacent premises and will not pose a threat to public safety. Page 239 of 262 We thank the City of Naples, Collier County for their consideration of this proposal, and should you have any questions, please contact the undersigned. Thank you, �brl./'Lr'.�. / fZ61�Yt.Q dui Donna Thomson — Senior Permit Coordinator Pride Signs Ltd T: 519-622-4040 x213 E: dthomson@pridesigns.com Page 240 of 262 ~� n Bealls � DOLLAR 71rF6 pi 3701 1Mj 3713 Ar 3737 m ��^, m rn (NIC) CROSS ACCESS X .II I IIr s si HURTUN '3771 (IIINIc? — (NIQ two �RMOPYLOH S1GMR URO RVRO TAMIAMI TRL (US HWY41) (44,331 AADT) 3701 Bealls 81,027 1,328 3711 Looking Good Salon 3713 DollarTree 8,200 3737 Rent -A -Center 4,770 3743 Tokyo Sushi 2,000 Nails & Spa 2,000 3745 3747 f T-Mobile 2,608 3749 Metro byT-Mobile 1,760 3751 Jose Ramirez, DDS 2,640 3753 Szchuan Chinese Restaurant 3,504 3755 AVAILABLE 3,746 3771 Heartland Dental 3,586 All Information gMen herein Is obtained from sources considered refiahle. However, we are not responslhlefor misstatemeat dkcts, errors, omission pdasale,wtihdrawal irom market, modihation of mortgage mmmHmeK tennis and conslderdit%or change In WM without notice. The information supplied herein is for informational purposes only and shall notcontain a warranty or assurance that said Information Is correct Any person intending to rely upon the information supplied herein should verify said Information independently. FOR LEASING INFORMATION: 8902 N Dale Mabry Hwy Luli Cannon Tampa, FL 33614 813.712.3054 800.728.5379 PROPERTY OWN Icannon@rmcpg.com www.RMCPG.com Page 241 of 262 11 "' m 0 - ,, ^ " "aft -I 0 lb t l Y , 'I I 0 N - T T 0 d J U LL a N N O N N N (B a_ N g p$ 04 _a a fill 4- 0 N a a E e gg s is —1 IN y 0 N _O cct M. a) 0) M LL LO � __. N ui g To � �d 9 f / \ ■ \ _ §a! \ 2{ _ / \ E �7:t � ® A r � in [k £ §k i � , ) w ■ in [k £ §k i � , ) w ■ CA67 County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34204 Phone: (239)252.1036 1 Email: GMDcllentServices@colliercountyfl.gov www.colllercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This Is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, It Is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of Interest form. Please complete the following, use additional sheets If necessary. a. If the property Is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy In common, or Joint tenancy, list all parties with an ownership interest as well as the percentage of such Interest: b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership C. If the property Is In the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: 01/2023 Name and Address % of Ownership SZw - ? Page 1 of 3 Page 245 of 262 CO 0Y CouftL Growth Management Community Development Department 2000 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: OMDClient54rvices@colllercountyfi,gov www.colilercountyfi.gov d. If the breoerty is in the namo of a r,Gnls:Qel nr I MA1ren an OTRWISeu eneral.and/or limitedpartners: Name and Address % of Ownershin e, If there Is a CONTRACT FOR PURCHASE, with an Individual or individuals, a Corporation, Trustee, or Partnership, list the names of the contract purchasers below, Including the Mcers, stockholders, beneficiaries, or partners: Name and Address of ownership Date of Contract: f. If anv contineencv clause or enntrart tprmc invnlup arirlifinntil r,er+lne I:�� -su :..ai.aa...i� .. officers, If a corporation, partnership, or trust: Name and Address g. Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Page 246 of 262 cofter County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34164 Phone: (2391251.10, 36 1 Email: GMDCIientServices@calliercountyii.gov www.colliercountyfl.gov Date of option: Date option terminates: , or Anticipated closing date: AFFIRM 11460ERV t]WNERS1410 INFi7RMAT' 10-N Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether Individually or with a Trustee. Company or other Interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agenVapplicant for this petition, I attest that all of the Information Indicated on this checklist Is Included In this submittal package, I understand that failure to include all necessary submittal Information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to., Growth Management Community Development Department j GMD Portal: https: j/cvporta l.coille rcountyFl.gov/cityviewwe b Questions? Email: GMDelientservices@colliercountyfi,gov L<rc Agent/Owner Signature Date Agent/Owner Name (please print) a1/2a2s Page 3 of 3 Page 247 of 262 Collier County Property Appraiser Property Summary Parcel Site Address 3747 TAMIAMI Site ID 00393520006 *Disclaimer'TRL E P , City NAPLES Name / NTC NORTH LLC Address % BUCKINGHAM PROPERTY MGMT LLC 950 THIRD AVENUE 17TH FLOOR Site Zone 34112 *Note City NEW YORK State NY Zip 10022 Map No. Strap No. Section Township Range Acres *Estimated SA13 000100 031 45A13 13 50 25 5.08 13 50 25 COMM INTERSECTION NE R/W LI US 41 WITH SE R/W LI PALM DR, S 39 DEG E 552FT TO POB, N 50 DEG E 378FT, N 39 DEG W 14FT, N 50 DEG E 421.96FT, S Legal ,39 DEG E 199.11FT, S 53 DEG W 23.74FT, S 28 DEG W 165FT, S 2 DEG W 77.59FT,S 51 DEG E 47.29FT, S 73 DEG E 43.54FT, S 50 DEG W 258.28FT, N 39 DEG W 43FT, S 50 DEG W 248FT, S 34 DEG W 78.16FT, S 50 DEG W 25FT, N 39 DEG W 365FT TO I'POB, LESS MOBILE SITE DESC IN OR 1026 PG 1479*** 5.6 AC OR 944 PG 1502 Millage Area 110 Millage Rates 0 *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 4 16 - COMMUNITY SHOPPING CENTERS 4.292 6.0197 10.3117 Latest Sales History 2023 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book -Page Amount Land Value $ 2,025,261 10/28/20 5844-1646 $ 10,000,000+) Improved Value $ 1,591,073 04/17/14 5028-1303 $ 7,300,000 (_) Market Value $ 3,616,334 05/16/96 2183-2401 $ 2,157,700 10/01/81 944-1502 $ 0 (-) 10% Non -Homestead Cap $ 386,891 (_) Assessed Value $ 3,229,443 (_) School Taxable Value $ 3,616,334 (_) Taxable Value $ 3,229,443 Ad Valorem Taxes $ 34,961.57 (+) Non Ad Valorem Taxes $ 0 (_) Total Taxes $ 34,961.57 Values are as of January 1st each year. If all values are 0, this parcel was created after the Final -Tax Roll. Page 248 of 262 Disclaimer: The actual total property taxes may vary due to changes in millage rates set by taxing authorities, the addition of non -ad valorem assessments, and special assessments. For the most accurate and up-to-date tax information, lease visit the Collier County Tax Collector's office to see the final Tax bills. Page 249 of 262 § ; uj Cr y N $ � . 6. a wok . _ '°mow _ �u v o■ mo e = Rom§£ e°uZI ■ 2 9L � CD 1 �J)� 1 % 1 q a 5 / m \ a_ PROPERTY GROUP September 6, 2024 Collier County Government Center 3299 Tamiami Trail East Naples, FL 34112 8902 N Dale Mabry Hwy, Suite 200 Tampa, FL 33614-1588 Phone: 813.960.8154 Fax: 813.963.2596 www.rmcpg.com Subject: Agreement to Abide by HEX Conditions for Signage Petion No. PL20240005230 I am writing to formally acknowledge and agree to the conditions set forth by the HEX regarding the installation and maintenance of the sign at Unit 3725 3747 Tamiami Trail East As outlined in our previous correspondence and the conditions provided, I confirm that the sign will adhere to the following specifications: • Overall Height: 40 feet 11 inches Overall Width: 5 feet 10 inches • Overall Sign Area: 238.7 square feet We understand that these specifications are crucial for compliance with HEX regulations and are committed to ensuring that the sign will be constructed, installed, and maintained in accordance with these parameters. Should there be any additional requirements or modifications necessary to meet the HEX standards, please do not hesitate to inform us. We are dedicated to maintaining the highest level of compliance and appreciate your assistance in facilitating this process. Thank you for your attention to this matter. We look forward to continuing to work with you to ensure that the signage meets all neces a"gulations. Sincerely, Eric Wilso Property Ma Page 251 of 262 n R OOGAB 1rEEABeaIIs 33701 3725 3737 V1 (NlqN - _ /\ CROSSACCESS y Sign #1 � (NIC) t;IC! L(NIC) SONIC WIi (III i� fI1II�IhI Mil 000000 R RO -- f PYLON SIGH f RRo RURO RRo k 3701 mllklhl�= Bealls 81,027 3745 110.114MM Nails & Spa 2,000 3711 looking Good Salon 1,328 3747 AVAILABLE 2,608 3713 DollarTree New Tenant Coming Soon Rent -A -Center 8,200 3749 Metro byT-Mobile 1,760 3725 21,009 3751 Jose Ramirez, DDS 2,640 3737 3743 4,770 3753 Szechuan Chinese Restaurant 3,504 Tokyo Sushi 2,000 3755 SPS PoolCare 3,746 All Information given herein Is obtained from sources considered reliable. However we are not responsible for misstatement oftarts, errors, omissions, prior sale, withdrawal from marK modlfration of mortgage commhment, terms and considerations, or change In price without notice. The information supplied herein is for informational purposes only and shall not contain a warranty or assurance that said information is correct Any person intending to rely upon the information supplied herein should verify said information independently. FOR LEASING INFORMATION: 8902 N Dale Mabry Hwy Luli Cannon Tampa, FL 33614 813.712.3054 800.728.5379 PROPERTY O N (cannon@rmcpg.com www.RMCPG.com Page 252 of 262 Wall Face Sign Name Fagade Area Required Proposed Contravention Dimensions Dimensions West Wall (faces 120' X 24.77" = 33.25' X 4.5' = 40.92' X 5.83' = Exceeds permitted Tamiami Trail E Planet Fitness 2972.4 sq ft 149.63 scl ft 238.7 sq ft size by 88.7 s, ft LDC Sec 5.06.04 4a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual fagade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. Page 253 of 262 lij LL.� Lory Q� �D z Q aD U c- O i l' J O i�m o`e F� �Ea cli v� aczs" o ggyB d "a� O aEi - Y a N 2 - < a) V d E o E F�ea� W d rn -I .8 -M F 0 r r cm M N L 2 a_ o w Aft � o Y � O � W 0 � a 22 (D a _ , \ j\ \ \ - §g c //\ 2 §Z'VZ 11 §8'z 24 &3 s/ \2mco ytihl� C0 L J d *" (.3F1,1.- ABlealls DOLLAR TREE R d In3701 ^ 3713 3725 3737 M M M (Nlq `1-1SS Sign #1 �r = li [AItI LAND. Tro0al — (NIC) (NIC) Y — — �4 — (NIQ �I�� I I• ,�� I'��.1+�'F'I r1" 111�1i►'�f -,y11;:N RI RO t PYLON SIGN RI/RO RI/RO 00 Ni 4:-> f Zsrs'F w 3"'fix 'w,.i 3701 1 Bealls 81,027 3711 Looking Good Salon 1,328 3713 Dollar Tree 8,200 3725 New Tenant Coming Soon 21,009 3737 Rent -A -Center 4,770 3743 Tokyo Sushi 2,000 CROSSA(CESS Em c (NIC) I RO ;""r. 3745 Nails & Spa 2,000 3747 AVAILABLE 2,608 3749 Metro byT-Mobile 1,760 3751 Jose Ramirez, DDS 2,640 3753 Szechuan Chinese Restaurant 3,504 3755 SPS PoolCare 3,746 All information given herein is obtained from sources considered reliable. However; we are not responsible for misstatement offacts, errors, omissions, prior sale, withdrawal from market, modification of mortgage commitment, terms and considerations, or change in price without notice.The information supplied herein is for informational purposesonlyand shall notcontain a warranty or assurance that said information iscorrect. Anyperson intenclingto rely uponthe information supplied herein should verifysaid information independently. UPDATED:111623 FOR LEA SING INFORMATION. 8902 N Dale Mabry Hwy JRA4C Luli Cannon Tampa, FL 33614 813.712.3054 800.728.5379 PROPERTY GROUP (cannon@rmcpg.com P g'W oPPOT �z we 0 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX-) at 1:00 P.M., October 10, 2024, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. SV-PL20240005230 — REQUEST FOR A SIGN VARIANCE FROM THE LAND DEVELOPMENT CODE SECTION 5.06.04.F.4.A. WHICH REQUIRES "ON PREMISES WALL SIGNS" TO HAVE A MAXIMUM ALLOWABLE DISPLAY AREA FOR WALL SIGNS THAT SHALL NOT BE MORE THAN 20 PERCENT OF THE TOTAL SQUARE FOOTAGE OF THE VISUAL FACADE INCLUDING WINDOWS OF THE BUILDING OR UNIT TO WHICH THE SIGN WILL BE ATTACHED AND SHALL NOT, IN ANY CASE, EXCEED 150 SQUARE FEET FOR THE SUBJECT UNIT UP TO 24,999 SQUARE FEET IN AREA, TO INSTEAD ALLOW ONE FASCIA SIGN THAT WILL BE A TOTAL OF 238.7 SQUARE FEET FOR THE 21,009 SQUARE FOOT SUBJECT COMMERCIAL UNIT NUMBER 3725 AT 3747 TAMIAMI TRAIL EAST, NAPLES, FL 34112, LOCATED APPROXIMATELY 700 FEET SOUTHEAST OF THE INTERSECTION OF TAMIAMI TRAIL EAST AND PALM DRIVE IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Project Y �e Location D. o Page 259 of 262 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. 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 Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov. 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 Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Page 260 of 262 .......... .......... .......... CD CL 0) TP Lb CD cr) > 0 C,4 0 a) m r o 4) C) 5 ot kw ANA