Loading...
HEX Backup 01/23/2025 Collier County (HEX) Hearing Examiner Hearing BACKUP DOCUMENTS January 23, 2025 t-1tA 1/13/ZULS (VA) PL20240010641 9457 Rialto Drive Legal Notices Website Allyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Wednesday, December 18, 2024 2:20 PM To: Minutes and Records; Legal Notice Cc: estradamaria; Randy Shaw; Sean Sammon; GMDZoningDivisionAds Subject: 1/23/25 HEX- *Web*Ad Request for 9457 Rialto Drive (VA) (PL20240010641) Attachments: Ad Request.pdf; RE: 1/23/25 HEX- *Web*Ad Request for 9457 Rialto Drive (VA) (PL20240010641); Re: 1/23/25 HEX- *Web*Ad Request for 9457 Rialto Drive (VA) (PL20240010641) Follow Up Flag: Follow up Flag Status: Completed Good afternoon, M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage.The ad will need to be advertised on January 3'd and run through the hearing date. For your reference, attached are the approvals. Please note:The legal advertising fee has been paid for this petition. Thank you! Ailyn Padron Management Analyst I Zoning Office:239-252-5187 Collier Cou n 2800 Horseshoe Dr. p x 0 C Naples, Florida 34104 Ailyn.Padron a(�,colliercountyfl.gov 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. 1 Yanirda Fernandez From: Randy Shaw <randy@assemblies.com> Sent: Wednesday, December 18, 2024 2:14 PM To: PadronAilyn Cc: estradamaria; Sean Sammon; GMDZoningDivisionAds Subject: Re: 1/23/25 HEX- *Web*Ad Request for 9457 Rialto Drive (VA) (PL20240010641) Attachments: CountyLogo-FullColor_948165c4-9665-41 b4-9162-fbb16abff557.png; Facebook_ 0522f546-5e75-4698-95f9-f15590a3defe.png; Instagram_a8da4774-4b5b-4ad1-8d23-20e69b3b605d.png;X-Twitter_8d678efc- bd 14-44ce-97cf-7fbab1003b00.png; Youtube_0078f7f1-7789-4afd- a015-50689fe1f99b.png; 3111conforSignature_ 87c558eb-83f5-449b-87c1-3cc5ac8b0859.png Follow Up Flag: Follow up Flag Status: Flagged 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. Thank you for this.This is approved. Randy Shaw Assemblies Unlimited o: 877-273-6259 c: 630-488-8095 e: randy@assemblies.com w: www.assemblies.com On Dec 18, 2024, at 12:53 PM,Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>wrote: You don't often get email from ailyn.padron@colliercountyfl.gov. Learn why this is important Good afternoon, Attached is the *Web* Ad Request and map for your petition. Please let me know if you approve and/or if changes are needed no later than 10:00am,Thursday. Thank you. Ailyn Padron Management Analyst I Zoning <CountyLogo-FullColor Office:239-252-5187 41 b4-9162-fbb16s i 2800 Horseshoe Dr. Naples, Florida 34104 Ailyn.Padron(a)colliercountyfl.gov <Facebook 0522f546- f15590a3def <Instagram a8da4774- 20e69b3b60! <X-Twitter 8d678efc- 7fbab1003bC <Youtube 0078f7f1-7 50689fe1f99 <311lconforSignature 87 87c1-3cc5ac8b( 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. Caution: [External Email - DELETE if unrecognized sender] <Ad Request.pdf> <Ad Request.docx> <2 x 3 Ad Map.pdf> 2 Yanirda Fernandez From: Maria Estrada <Maria.Estrada@colliercountyfl.gov> Sent: Wednesday, December 18, 2024 2:03 PM To: PadronAilyn; randy@assemblies.com Cc: Sean Sammon; GMDZoningDivisionAds Subject: RE: 1/23/25 HEX- *Web*Ad Request for 9457 Rialto Drive (VA) (PL20240010641) Follow Up Flag: Follow up Flag Status: Flagged Good afternoon, Staff has reviewed and approves it. Maria Maria Estrada Planner II Zoning (�f Office:239-252-2408 Col l ier Coun 2800 N Horseshoe Dr fl X Q Naples, Florida 34104 Maria.Estradaccolliercountyfl.gov From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Wednesday, December 18, 2024 1:53 PM To: Maria Estrada <Maria.Estrada@colliercountyfl.gov>; randy@assemblies.com Cc:Sean Sammon <Sean.Sammon@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: 1/23/25 HEX- *Web* Ad Request for 9457 Rialto Drive (VA) (PL20240010641) Good afternoon, Attached is the *Web* Ad Request and map for your petition. Please let me know if you approve and/or if changes are needed no later than 10:00am,Thursday. Thank you. Ailyn Padron Management Analyst I Zoning Collier Coun Office:239-252-5187 1130 CI 2800 Horseshoe Dr. Naples, Florida 34104 Ailyn.Padroncolliercountyfl.gov 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. 2 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.,January 23,2025,in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. PL20240010641 VA— REQUEST FOR A VARIANCE FROM SECTION 3.5 OF THE WENTWORTH ESTATES PUD, ORDINANCE 03-51, AS AMENDED, TO REDUCE THE LOW DENSITY RESIDENTIAL REQUIRED SIDE SETBACK FROM 6 FEET TO 0 FEET ON THE SOUTH PROPERTY LINE FOR THE PROPOSED ACCESSORY SCREEN ENCLOSURE ON APPROXIMATELY 0.17 ACRES KNOWN AS LOT 1 OF THE PONTE RIALTO SUBDIVISION,AKA 9457 RIALTO DRIVE, NAPLES, FL, 34114 IN SECTION 30, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. -I- # ,` Project ,o '�%, Location a �% o . cia7;10/ G•o it Q � �� ' - 0 Cas°68 N R Treviso coo CT Ba D ;` .4;0 A? . Avellino wAY �,. Map1�' Trevi CT \k 0_. LNl 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(I)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 HEX 1/23/25 Seed to Table PL20230010739 Jennifer Hansen From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Wednesday, December 11, 2024 8:34 AM To: Minutes and Records; Legal Notice Cc: Sean Sammon; Chris Lascano; bellows_r; GMDZoningDivisionAds Subject: 1/23/25 HEX- *Web*Ad Request for Seed to Table (PDI) (PL20230010739) Attachments: Ad Request.pdf; RE: 1/23/25 HEX- *Web*Ad Request for Seed to Table (PDI) (PL20230010739); RE: 1/23/25 HEX- *Web*Ad Request for Seed to Table (PDI) (PL20230010739) Good morning, M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage.The ad will need to be advertised on January 3rd and run through the hearing date. For your reference, attached are the approvals. Please let me know if you have any questions. Thank you! Ailyn Padron Management Analyst I Zoning (7)'‘ Office:239-252-5187 Collier Cou n 2800 Horseshoe Dr. fl J X al Naples, Florida 34104 Ailyn.Padron(c�colliercountvfl.gov 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. 1 Jennifer Hansen From: Sean Sammon <Sean.Sammon@colliercountyfl.gov> Sent: Tuesday, December 10, 2024 9:16 AM To: PadronAilyn; clascano@phoenix-associates.com Cc: GMDZoningDivisionAds Subject: RE: 1/23/25 HEX- *Web*Ad Request for Seed to Table (PDI) (PL20230010739) Follow Up Flag: Follow up Flag Status: Flagged AP, Staff has reviewed and approves ad request. Sean Sammon Planner Ill Zoning Office:239-252-8422 Collier Lou n 2800 N. Horseshoe Drive © C X Naples, FL 34104 Sean.Sammoncolliercountyfl.qov From:Ailyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Tuesday, December 10, 2024 9:04 AM To:Sean Sammon <Sean.Sammon@colliercountyfl.gov>; clascano@phoenix-associates.com Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 1/23/25 HEX- *Web* Ad Request for Seed to Table (PDI) (PL20230010739) Good morning, Attached is the *Web* Ad Request and map for your petition. Please let me know if you approve and/or if changes are needed no later than 4:00pm,this afternoon. Thank you. Ailyn Padron Management Analyst I Zoning '— Office:239-252-5187 Col 1 ier Coun x, co 2800 Horseshoe Dr. © � 1 Naples. Florida 34104 Ailyn.PadronCa�colliercountyfl.gov 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. 2 Jennifer Hansen From: Chris Lascano <clascano@phoenix-associates.com> Sent: Wednesday, December 11, 2024 7:49 AM To: Sean Sammon; Kira Orangio Cc: PadronAilyn; bellows_r Subject: RE: 1/23/25 HEX- *Web*Ad Request for Seed to Table (PDI) (PL20230010739) Follow Up Flag: Follow up Flag Status: Flagged My apologies,we approve. Thank you, Chris Lascano Phoenix Associates of Florida,Inc. 13180 Livingston Road,Suite 206 Naples, Florida 34109 P(239)596-9111 Ext. 203 www.Phoenix-Associates.com From:Sean Sammon<Sean.Sammon@colliercountyfl.gov> Sent: Wednesday, December 11, 2024 7:43 AM To: Chris Lascano<clascano@phoenix-associates.com>; Kira Orangio<Kpickett@phoenix-associates.com> Cc:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov>; Ray Bellows<Ray.Bellows@colliercountyfl.gov> Subject: FW: 1/23/25 HEX- *Web* Ad Request for Seed to Table (PDI) (PL20230010739) Importance: High Good morning, Can you please respond to this ASAP?Thank you! Sean Sammon Planner Ill Zoning (7 Office:239-252-8422 Collier Coun 2800 N. Horseshoe Drive © Cl X 0 I Naples, FL 34104 Sean.Sammon(c�colliercountyfl.gov From:Allyn Padron<Ailyn.Padron@colliercountyfl.gov> Sent:Wednesday, December 11, 2024 7:10 AM To:Sean Sammon <Sean.Sammon@colliercountyfl.gov>; clascano@phoenix-associates.com Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> 1 Subject: RE: 1/23/25 HEX-*Web* Ad Request for Seed to Table (PDI) (PL20230010739) Importance: High Good morning, Chris, I am following upon my previous email. Could you please let me know as soon as possible if the attached documents are approved or if changes are needed? Thank you. Ailyn Padron Management Analyst I -se) Zoning Office:239-252-5187 Collier Coun 2800 Horseshoe Dr. CIO X 0 Naples, Florida 34104 Ailyn.Padron a(�colliercountyfl.gov From:Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent:Tuesday, December 10, 2024 9:04 AM To:Sean Sammon <Sean.Sammon(c@colliercountyfl.gov>; clascano@phoenix-associates.com Cc:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 1/23/25 HEX-*Web* Ad Request for Seed to Table (PDI) (PL20230010739) Good morning, Attached is the *Web* Ad Request and map for your petition. Please let me know if you approve and/or if changes are needed no later than 4:00pm,this afternoon. Thank you. Ailyn Padron Management Analyst I Zoning (7,7\ Office:239-252-5187 Collier Cou n 2800 Horseshoe Dr. CIO N 0 C Naples, Florida 34104 Ailyn.Padron a(�colliercountyfl.gov 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. 2 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.,January 23,2025,in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20230010739 —REQUEST FOR AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 18-49, THE SEED TO TABLE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), BY AMENDING THE CPUD INCLUDING THE MASTER SITE PLAN, TO REMOVE THE GATE CONTROL SYSTEM AT THE PIPER BOULEVARD ACCESS TO THE PARKING LOT. THE SUBJECT PUD CONSISTS OF ±6.82 ACRES AND IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF IMMOKALEE ROAD AND LIVINGSTON ROAD IN SECTION 24, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA. Mentor DR ftith Project R J 1 r)rz :11 Location Wr illoughbv C C'i-ee DR • r Willou; hbN f Carlton Lakes ins DR Drive EXT BLVD •�, Sr Piper BL.VD Immokalee RD Immokalee RD Covey L :11' — 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 ORDINANCE NO. 2025- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN INTERMEDIATE COMMERCIAL DISTRICT (C-3) ZONING DISTRICT TO A GENERAL COMMERCIAL DISTRICT (C-4) ZONING DISTRICT LIMITED TO 11,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL USES OF WHICH 5,000 SQUARE FEET OF GROSS FLOOR AREA MAY BE CARWASH, WITH CONDITIONS; PROVIDING FOR PARTIAL REPEAL OF ORDINANCE NO. 00-81 AND RESOLUTION NO. 12-253. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST 350 FEET EAST OF THE INTERSECTION OF TAMIAMI TRAIL AND BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 1.92± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20220005137] WHEREAS, Robert J. Mulhere, FAICP and Ellen Summers, AICP of Bowman Consulting, and Clay C. Brooker, Esq. of Cheffy Passidomo, P.A. representing 11760 Property, LLC petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property more particularly described in Exhibit A, located in Section 33, Township 50 South, Range 26 East, Collier County, Florida, is changed from the Intermediate Commercial District (C-3) Zoning District to the General Commercial District (C-4) Zoning District for a 1.9+/- acre project to be known as 11760 Tamiami Trail East Rezone, subject to the conditions shown in Exhibit B. Exhibits A [23-CPS-02334/1903646/1]134 11760 Tamiami Trail E/PL20220005137 11/12/24 1 of 2 CAC through D are attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance No. 00-81, a rezone to C-3, and Resolution No. 12-253, a conditional use for "Mac Business Plaza," are hereby repealed as to the property described in this Ordinance. SECTION THREE: 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. 2025- becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: Heidi Ashton-Cicko 11-12-24 Managing Assistant County Attorney Attachments: Exhibit A- Legal Description Exhibit B - Conditions of Approval Exhibit C - Location Map Exhibit D - Conceptual Plan [23-CPS-02334/1903646/11134 11760 Tamiami Trail E/PL20220005137 11/12/24 2 of 2 CAO EXHIBIT A Legal Description 11760 Car Wash Rezone(PL 20220005137) COMMENCE AT THE WEST 1/4 CORNER OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, PROCEED NORTHERLY ALONG THE SECTION LINE BETWEEN SAID SECTION 33 AND SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, NORTH 02° 49' 48" EAST, 884.91 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF U.S. 41; THENCE, SOUTHEASTERLY ALONG SAID RIGHT- OF-WAY LINE, 44.24 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 3,210.55 FEET, CENTRAL ANGLE OF 0° 47' 22", AND A CHORD DISTANCE OF 44.23 FEET, BEARING SOUTH 54° 01' 20" EAST TO A POINT OF TANGENCY; THENCE SOUTH 54° 25' 01" EAST ALONG SAID RIGHT-OF- WAY LINE, 1,124.37 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;THENCE CONTINUE SOUTH 54°25'01"EAST,600 FEET ALONG SAID RIGHT- OF-WAY LINE; THENCE SOUTH 35° 34' 59" WEST, 321.16 FEET; THENCE NORTH 54° 25' 01" WEST, 541.69 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BAREFOOT WILLIAMS ROAD; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE, 132.69 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF 54° 18' 18", AND A CHORD DISTANCE OF 127.78 FEET, BEARING NORTH 08° 25' 50" EAST TO A POINT OF TANGENCY; THENCE NORTH 35° 34' 59" EAST, 207.46 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THEREFROM THE LAND CONVEYED TO RACETRAC PETROLEUM, INC., A GEORGIA CORPORATION, BY GENERAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 5871,PAGE 1617,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST'A CORNER OF SECTION 33,TOWNSHIP 50 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 02° 49' 48" EAST, ALONG THE WEST LINE OF SAID SECTION 33, FOR A DISTANCE OF 884.91 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF U.S. 41, BEING A POINT ON A NON- TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 3,210.55 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY,FOR 44.24 FEET,HAVING A CENTRAL ANGLE OF 0°47' 22",A CHORD BEARING OF SOUTH 54° 01' 20"EAST,AND A CHORD OF 44.23 FEET TO A POINT OF TANGENCY; THENCE SOUTH 54° 25' 01" EAST ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 1,124.37 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 54°25'01"EAST ALONG SAID RIGHT-OF-WAY LINE,FOR A DISTANCE OF 340.00 FEET;THENCE SOUTH 35° 34' 59"WEST,FOR A DISTANCE OF 321.16 FEET; THENCE NORTH 54° 25' 01"WEST, FOR A DISTANCE OF 281.69 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BAREFOOT WILLIAMS ROAD, AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT,HAVING A RADIUS OF 140.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY AND SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 54° 18' 16",A CHORD BEARING OF NORTH 08°25' 50"EAST,A CHORD LENGTH OF 127.78 FEET,AND AN ARC LENGTH OF 132.69 FEET; THENCE NORTH 35° 34' 59" EAST ALONG SAID EAST RIGHT-OF-WAY, FOR A DISTANCE OF 207.46 FEET TO THE POINT OF BEGINNING. H:\2023\2023006\WP\Rezone\3rd Resubmittal\Upload\Legal Description(6-27-2024).docx CAO Exhibit B-Conditions of Approval 11760 Tamiami Trail E Rezone PL-20220005137 1. The following uses are hereby authorized as permitted by right: a. All permitted uses in the C-3 commercial intermediate zoning district; and b. Carwashes (Group 7542). 2. Development is limited to a maximum intensity of 11,000 square feet of gross floor area, of which a carwash shall not exceed 5,000 square feet. 3. Carwashes (Group 7542) shall adhere to the requirements of the LDC, except as specified below: a. The minimum side yard setback shall be 10 feet when adjacent to a commercially zoned property. b. The carwash building shall not exceed 5,000 square feet. c. Vacuuming facilities may be located outside the building but may not be located in any required yard area and shall not be located forward of the primary façade of the car washing facility. d. Vehicular stacking lanes and drive through lanes shall not be located closer to the US 41 right-of-way than the principal building. e. A sound attenuation wall shall be: a) a minimum height of 2 feet higher than the entrance to the car wash tunnel, but not exceed 12 feet in height above grade; and b) be provided twenty-five (25) feet from the rear property line along the entire width of the car wash facility, including the drive aisles that serve the car wash. The location of the wall is labeled as "Maximum 12' Sound Attenuation Wall" on the Conceptual Site Plan. 4. The following standards apply to establishments with drive-through facilities(Group 5812 Eating Places and 5813 Drinking Places): a. A maximum of 6,000 square feet of gross floor area in the principal structure. b. In addition to satisfying design standards of section 5.05.08 F.6.,vehicular stacking lanes and drive through lanes shall not be located closer to the US 41 right-of-way than the principal building. 5. No building or structure shall exceed a zoned building height of thirty-five (35) feet, and an actual height of forty-two (42) feet, except as otherwise identified herein. 6. Parking lots, vehicular use areas, and service functions areas shall be located to the sides or rear of buildings, no closer to US 41 than the principal building except that a maximum of one double loaded drive aisle of parking is permitted in the front yard. 7. Landscaping for parking lots, vehicular use areas, and service function areas shall be designed in accordance with LDC section 4.06.03,except that interior parking lot plantings shall be a maximum of 25 percent turf grass. The balance shall be shrubs or groundcover in planting areas appropriate to the design. 8. Landscape buffers shall be designed in accordance with LDC section 4.06.00, except for the following: Page 1 of 2 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023006\WP\Rezone\10-2-2024\Exhibit A-Conditions of Approval 10-2-2024.docx CAO a. The 15-foot-wide Type 'B' front yard landscape buffer easement(LBE) shall be enhanced by: i. Planting canopy shade trees (understory trees and palm trees may not be substituted for canopy trees) spaced 25 feet on center with trees having a minimum average mature canopy spread of 20 feet and an eight-foot vertical clearance for pedestrians, if applicable, as determined by County Manager of designee. ii. Planting only native vegetation, grass, ground cover, or other landscape treatment in accordance with LDC section 4.06.00. b. The 20-foot-wide Type `B' rear yard LBE shall be enhanced with a minimum of five canopy trees (understory and palm trees may not be substituted for canopy trees) per 100 linear feet. 9. The maximum total daily trip generation for the Rezone shall not exceed 127 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 10. Vehicular and Pedestrian interconnection to the property to the east will be provided, by the Owner, its successors or assigns, as shown on the Conceptual Site Plan. The Owner, its successors or assigns,will provide an access easement over a portion of the property to the property owner to the east, or an access easement to the public for public use without responsibility of maintenance by Collier County,at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the Owner, its successors or assigns, of the rezone property prior to the first Certificate of Occupancy.The interconnections shall remain open to the public. At the time of this rezone,private access easements to the west are recorded in Official Records Book 5241 Page 2441 et. seq. and Official Records Book 5129 Page 1366 et. seq. 11. All other applicable state or federal permits must be obtained before commencement of the development. 12. 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. Page 2 of 2 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023006\WP\Rezone\10-2-2024\Exhibit A-Conditions of Approval 10-2-2024.docx CAC EXHIBIT C Y..; F t g LOCATION MAP iqA- Q I i s wil t 3 • / . 'ram '. 111 1 ', v) Sti r.. ' i 7:4 - f. „ } ', • . • rt 4 �! r '1'tt`' f O0C Q h - -! '.. i O A S #4144110 . , ' A 1 .$. / , ,. . ., .. . .. • 14 '-'--..1%.‘4,. 1 IV , ., it 1 ,• !Mr,* ', \t `/' >. . Q Q O '`\ �' 48 ■ Q W F. 410 . 47,, 141 ' 'SO" E 111110 1 CO 11 * Ir. i r we • c I.F C 414411klit 41‘ 4* i IS: liar gl ' ' 0. 4;2 I '.,..., . ' It'• I.' air 11114 . - a -.---- 111. i It*, c . I 1 CAO U.S. HIGHWAY NO.41 (STATE ROAD NO.90) (200'R.O.W.) PROPERTY \ BUFFRJ 15' TYPE 'B' BOUNDARY 50' FRONT I ' / SETBACK — — — o — — — T � m � Ail J 0 m m ACCESS ESM'T � ( Z�� (ORBK.5241, -� 1 PG 2441) k- ( i • ---r--A ___I__ 0 — "" *III-C-1- - r-- - --1 z t 0' TYPE 'D' L10' TYPE 'D' Z BUFFER BUFFER NI _ REQUIRED M C.) CARd PARKING WASH �y DRYER ' 4 f '41 t z 0 10 0 h !I ® , � n oa- - ILA I m FUTURE N 7.5' I .- o 1 06 . ® 'IIIMIMi DEVELOPMENT TYPE 'A'--) It m o I n I AREA BUFFER I cn in , 'a U 1 1 0 " I UU N y I ',? ?\ I , t:' ' - 7.5' TYPE 'A' BUFFER 1 I :17— -41-- ' /-Min 40' Rear Yard for Carwash Only MINIMUM 20' TYPE 'B' BUFFER t \ MAXIMUM MINIMUM 12' SOUND RT ZONING 6' WALL ATTENUATION ���, WALL SUBJECT PARCEL: 1 .92 ACRES EXISTING ZONING: C-3 PROPOSED ZONING: C-4 0 25 50 SCALE IN FEET 950 Encore Way CHECKED BY: PROJECT No. !HMINaples, FL. 34110 11760 TAMIAMI TRAIL REZONE Phone: (239)254 2000 es 2023.006 DRAWN BY: CAD FILE NAME: HOLE MONTES Florida Certificate of (CONCEPTUAL SITE PLAN) MK soos_coNcePr ENCINEERS•PIANNERS•SURVEYORS Authorization No.1772 DATE ` 1 Of 2 EXHIBIT D 5/2024 CAO NOTES: No Preservation Required Parking Requirement: Auto/Truck Washing: 1 space per employee of the largest shift for automotive wash facilities. 3 Employees: 3 Spaces Total Standard Space: 3 Spaces Handicapped Space: 1 Space NMI 950 Encore Way CHECKED BY: PROJECT No. Naples, FL.34110 11760 TAMIAMI TRAIL REZONE Phone: ES 2023.006 (239)254-2000 DRAWN BY: CAD FILE NAME HOLE MONTES Florida Certificate of (CONCEPTUAL SITE PLAN) MK 3006_CONCEPT ENGrEERS•P1 NNFRS•a1RVEYORS Authorization No.1772 DATE` 2 Of 2 3/2023 CAO �C` 1T COURT(c � % 4. o o Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel Lla r Collier County, Florida U x 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 *o o* Phone: (239) 252-2646 4Y lllRR couNri,�- Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Martha Vergara,who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, Seed to Table (PDI) (PL20230010739) 01/23/2025 was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 01/03/2025 until 01/25/2025. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. do, fiant Signature) "; . R : 1 ''(A'raa j $? e)`' a.) w i a '', bgvi'ibed before me this 01/27/2025 ti , Gry#41S 1 inre Clerk of the Circuit Court& tel (Deputy Cler Signature) Lea 6.L e.) of/z lk (Deputy Clerk Printed Name) Date 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.,January 23,2025,in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20230010739 -REQUEST FOR AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 18-49, THE SEED TO TABLE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), BY AMENDING THE CPUD INCLUDING THE MASTER SITE PLAN, TO REMOVE THE GATE CONTROL SYSTEM AT THE PIPER BOULEVARD ACCESS TO THE PARKING LOT. THE SUBJECT PUD CONSISTS OF ±6.82 ACRES AND IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF IMMOKALEE ROAD AND LIVINGSTON ROAD IN SECTION 24, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Mentor DR y w ' r�1.4,Tham R Project �_ \L? g Location c iWillouhbY ; kj Carltost BLVD ty ) _._ 4 ,d°�r �,• Piper BLVD 'oij, ---\ Immokalee RD Immokalee RD J Covey JCI0 1 l r r 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 (117 al _ a \----! fct — Ft 0 4) I r cp ' 3 r Ell;---, C:0 ! /t ..0 0 it! i.• r- ,.. x CET 7.4 r M V,,-173 Ci 2 I 0•-, - to if M) e, _ rnrn 91 ..."... I LI -0 .,.,...: --... . •__:r,. 1(-- 1 CD ca. ..... 1 R I CU 0 •-‹ 0 on 71 — St-- ivrt!1-5 ... i I 0 i -10 0 0 3 -.--' z.--,- :",-,74 -< 9±4 1'6 C) = 71 rn -,",-.P. °61 a 7.1E-6 •••••• ./ '..4 C) a r- 9Qcxos i i rn .7,._..... m -.:, ell I , , I, z 0 -4 W r.I 0 F--- -i-- - '--13 7(-A, g I m nil 1 I / mio* xl m x. ....I >i ....4 f....• ....c 1 M 0 1" EP>0 0.r- r- i CI • •11 -I:"¢ ..... CT)52 ti) 1 X rT1 rn -, '' ci Frl 7-i ta ..... d 2 D CI CI) s..„, 0 sx-g mi ...- --t 13 > f--7- .7)::: rn -I' =, - -?: rt,?? , O ▪ co m 0 m m CD ',',-5 Z r- 71, 1-11 - t —1 PI T ' X -4 0 m m> m0 • C") w v--- x O 0 > x).-.2 • — 0> i -c I i to a.' gt/ ID tca .... tl) = ---, c) , •i4 Al 0 ti:/ •- LO —. 0 Ji, • o 0.- 717 >C) • C.1 ov rt rn 3 3 ! ! m -- ,,,, 2 6-3 Z M 0 . CD r)9i M 2 2 0 (-)> c --, 9 ,.--• rn > MI Z C".••• _i-.k, (.0 P c:13:: m m rn ..i.i _., . CD -4 r- 3 , 0 =:c —1 Fri 7 0' m, ‘,1., • 'ZY CD "71 7U al 1141 al 0 -N .I...1 l-%.# 0 1:3 ! — ....' ...4 0.2 "Ua > Z —4 i I : • r- ,c),0 m ,_,• o 8 1 ! 0 t-t ti "-4 q9-c-x 1 • c„, ,, co) rn M -4 rn-o 7r)‘-`•0 ' 1 i • 0 rIl ° )P. 2-5:' r. — -nic4i-: xi rn> _... —1 r.IT ,.... x --i -.F„, >. -,-,r7- 0.s 71 Hi r 0 - 0 = rTi Q ig, cn 61 to ! n, 0 /T1 •-r1 2. 0 2.n, .65 0 8 * > m _ — .... Cl) 93 w E i?: o -- = ! c7i eN rr co fD L''.> Z r- • --r r" . -.< 7,c rii X ,m M r> m(D Cl EU ..- > — ...,... 0> 73 >Z ! r---------r--------, c MI (C) r-- MOO s 7:-'5 8 > 6 0 0.„ 1: XI >0 ....,4 • : 0 --- coo—t- '-';_:r7S C Fri 0 , co ill C/5:0 3 C:0 -"0 i'F'_,71-. •1 0 rri 4---C"I' . C L2 0 777.; 0 r- C7 ... OD NI . ..• M F..i 8 03 o— c.., 0 r-cu rn z 6., It-C ,—, 1-1 m m ....-- ,--,D-, m 7.-, •4771 F.:: > 0 ..... , 0 m -•- m r— • '11 g rn - c' ( ' ' • ED 1 —1 0 10 O °O 7"-L41 i: I , • —. Z Si X m '13 i 1 0 y, sd, ,,a al rn No • • r— co in cs; nr, •• x 7;• zr, -.A>0 4-;: •••• , . '"" Z 1 , > r.,) 2 r(71)"-Y,6 , . ir— oomx7c,s i , 1 . .7 • —4 :f.,-- -1;1 Z pi-_-.1,p. r.. . •CD F --1 —4 43 ..-) x) i •; . • m °_,i co > ':.t.),-5-_i r— I . lni 0* xj m > • . —1 r-7-t m 7) -1 •"‹ >; 0-! '- 73{-• 1:L.1 m 1.- --e i fa , X r- T3 g'4 m -E! ' cl a Tz- 0 .- 7,--"-- U) ' m CA 717 g 0 • CA -jr_ = ' c7. ,-, 1-11 03 CD 7: ..... n m " • Z - -n) • -i r- .--. --4 0 z.,G-) > M (.T.,G) : 0 m z=" X 0 G) X:* I ' XI > z r .