HEX Final Decision #2025-02HEX NO. 2025-02
HEARING EXAMINER DECISION
DATE OF HEARING.
January 231 2025
PETITION.
Petition No. PDI-PL20230010739 —Seed to Table —Piper Boulevard -Request for an
insubstantial change to Ordinance No. 1849, 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.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests an insubstantial change (PDI) to Ordinance No. 2018-49, as amended, for
the Seed to Table Commercial Planned Unit Development (CPUD) to remove the requirement for
a gate at the southern parking lot entrance off Piper Boulevard.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County Code of Ordinances, Sec. 8a00 of the Land Development Code, and Chapter 9 of
the County Administrative Code. The jurisdiction issue will be addressed more below.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements. However, because of the unique geographic location and
configuration of the subject property, some impacted homeowners would not have received
mail notices of the hearing because they are outside of the notice radius area: The issue of
impacted homeowners will be addressed below.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Neighborhood Information Meeting (NIM) was advertised and held at 5:30 p.m. on
Tuesday, November 19, 2024, at the North Collier Regional Park located at 15000 Livingston
Road, Naples, FL 34109, in the Exhibit Hall, Room A. There were ten (10) members of the
Page 1 of 4
public in person and present at the NIM. There is a copy of the transcript drafted by the
applicant that includes the applicant's presentation and the concerns of the attending public.
The public expressed their primary concern about traffic flow through the parking lot and onto
Piper Boulevard. Some of the residents requested a traffic impact study be completed.
5. The public hearing was conducted in the following manner: the County Staff presented the
Petition followed by the Petitioner and/or Petitioner's representative, public comment and then
rebuttal by the Petitioner and/or Petitioner's representative. There were several public speakers
from the adjacent neighborhood in objection to the Petition at the public hearing.
6. The County's Land Development Code Sections 10.02.13.E.1. and 10.02.13.E.2 lists the
criteria for an insubstantial change to an approved PUD ordinance. The Hearing Examiner
acting in the capacity of the Planning Commission shall make findings as to the original
application with the criteria in Land Development Code Sections 10.02.13.E.1. and
10.02.13.E.2. The substantial/insubstantial PUD change issue will be addressed below.
7. Collier County and Oakes Farms, Inc. entered into an agreement permitting the employees of
Seed to Table to park on the subject property and walk or be shuttled across Livingston, a busy
roadway, to Seed to Table. Collier Area Transit (CAT) has a bus station on the north side of
the subject property as part of the underlying PUD and agreement.
8. The gate requirement was an important element of the underlying approval of the PUD, and
the only entities permitted to traverse the gate access point are CAT vehicles, County utility
vehicles, FPL utility vehicles, and emergency vehicles. Although FPL and CAT were given
access to the gate, Collier Area Transit is requesting the gate requirement be replaced with
speed bumps and signage. The gate has been removed several times and is currently not in
place. It is unclear who is removing the gate but as a result of the open access between Piper
Boulevard and the parking area access on Livingston, FPL, Collier Area Transit, Seed to Table
employees, and the public have unobstructed access to circumvent the intersection at
Livingston and Immokalee Road. As a result of the gate being removed, there is a pending
code enforcement action against Oakes Farms Inc. only because they have control over the
property via the agreement with Collier County.
9. Piper Boulevard is an access road running parallel to Immokalee Road for the benefit of the
neighborhoods and businesses on the north side of Immokalee Road. Piper dead ends at
Livingston. Ingress and egress to the Collier Transit bus stop and Seed to Table employee
parking is via a right turn in and right turn out on Livingston. Vehicles exiting the parking
area on Livingston can make a precarious U-Turn to drive northbound, otherwise all other
traffic is directed southbound.
10. Because the intersection at Livingston and Immokalee is frequently busy, the public is freely
using Piper Boulevard, the Seed to Table employee parking lot and Collier Area Transit bus
stop as a "cut through," even though this area is not public, but under the control of Seed to
Table via its agreement with Collier County. While there was no traffic data or analysis
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presented, testimony indicates that traffic patterns are being impacted frequently and
substantially because of the missing gate.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds the effect
of either removing the gate or requiring the gate to remain is substantial. After analyzing the
criteria for substantial and insubstantial PUD changes expressed at Sections 10.02.13.E.1. and
10.02.13.E.2 of the Land Development Code for Collier County, Petition No. PDI-
PL20230010739, requesting a minor text change actually results in substantial impacts and fails
.DC Section 10.02.13.E. Le, "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." Pursuant to the aforementioned LDC citations, only the Board
of County Commissioners has jurisdiction to make a "substantial" PUD change.
DECISION.
The Hearing Examiner hereby DENIES Petition No. PDI-PL20230010739, filed by the Applicant
and Agent Randy Johns of Phoenix Assoc. of Florida, Inc., with respect to the subject ±17.09-acre
CPUD located on the west side of Livingston Road, approximately 200 feet north of the
intersection of Livingston Road and Immokalee Road, in Section 24, Township 48, Range 25 of
unincorporated Collier County, Florida, for the following:
• An insubstantial change (PDI) to Ordinance No. 2018-49, as amended, for the Seed to
Table Commercial Planned Unit Development (CPUD) to remove the requirement for a
gate at the southern parking lot entrance off Piper Boulevard.
ATTACHMENTS.
Exhibit A —Staff Report
Exhibit B —Revised CPUD Master Plan
Exhibit C — Revised Ordinance No. 1849
Exhibit D — Code Case Details case no. CELU20230002442
LEGAL DESCRIPTION.
The ±17.09-acre CPUD is located on the west side of Livingston Road, approximately 200 feet
north of the intersection of Livingston Road and Immokalee Road, in Section 24, Township 48,
Range 25 of unincorporated Collier County. The entrance to the CPUD from the south is via Piper
Boulevard, and the entrance from the north is from Livingston Road,
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DISCLAIMER.
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
may 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.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT, DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
February 24, 2025
Date
Page 4 of 4
Andrew Dickman, Esq., AICP
Hearing Examiner
1!0)
Col 1 icr County
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION —ZONING SERVICES SECTION GROWTH
MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT
HEARING DATE: JANUARY 23, 2025
SUBJECT: PDI-PL20230010739, SEED TO TABLE CPUD
APPLICANT/AGENT:
Owner:
Collier County Transportation ROW
3299 Tamiami Trail East
Naples, FL 34112
REQUESTED ACTION:
Applicant and Agent:
Randy Johns
Phoenix Assoc. of Florida, Inc.
13180 Livingston Road
Naples, FL 34109
The petitioner requests an insubstantial change (PDI) to Ordinance No. 2018-49, as amended, for
the Seed to Table Commercial Planned Unit Development (CPUD) to remove the requirement
For a gate at the southern parking lot entrance off Piper Boulevard.
GEOGRAPHIC LOCATION:
The �z17.09-acre CPT D is located on the west side of Livingston Road, approximately 200 feet
north of the intersection of Livingston Road and Immokalee Road, in Section 24, Township 48,
Range 25 of unincorporated Collier County. The entrance to the CPUD from the south is via
Piper Boulevard, and the entrance from the north is from Livingston Road. (See location snap on
page 2).
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PDI-PL20230010739, Seed to Table CPUD Page 2 of 13
December 31, 2024
PURPOSE/DESCRIPTION OF PROJECT:
The governing document for the Seed to Table CPUD, Ordinance 1849, approved the subject
property to allow offsite employee parking for the Seed to Table commercial development in the
Carlton Lakes PUD and to allow Collier Area Transit (CAT) Park & Ride and County utility
facilities. The applicant requests to amend Ord. 1849 to remove the requirement that the access
from Piper Boulevard to the parking lot be gated. This could be accomplished by simply
removing the gate system and adjusting the wording for "gated access" in four places within Ord.
18-49. However, installation of the gate system was committed by the applicant after the original
Neighborhood Information Meeting (NIM) on May 17, 2017 (PL20170003766) to appease the
concerns of adjacent property owners over cut -through traffic through the parking lot and Piper
Boulevard in order to avoid the Livingston/Immokalee intersection. Approximately 55 members
Athe public attended the 2017 NIM, many of whom were residents of the adjacent Willougby
Acres neighborhood.
Relevant sections of the minutes from the August 16, 2018, CCPC meeting are included as
Attachment B. Below are three excerpts regarding gated access to the parking lot via Piper
Boulevard,
Chairman Strain: "Well, Ican —that is —that paragraph that he added tivas taken
directly out of the staff report. I think it was Page 3 or 4 or 5. I gave Bob that
information, and that kind of summarizes the accessibility on. Piper Boulevard to the
CAT bits only coming in as an entry, not an exit. (Page 4 of 38.)
Mr. Mulhere: `Piper Boidevar•d access to the parldng area will be controlled with a
gate system, Only CAT vehicles, county utiliiy vehicles, FPL utility vehicles, and
emergency vehicles will be able to access theparking area through Tract U" (Page 5
of 38.)
Mr•. Mulhere: "There's no access for any users of this par•Idrrg area. There is no access
through per. That's prohibited. Tlzat will be controlled fate. That can only be ittilized
with control, a gate, for — as the PUD says, for ... FP&L, county ittilities, and
emergency vehicles. " (Page 8.)
The full minutes of this item from the September 25, 2018, BCC meeting are included in
Attachment C. Below are three excerpts regarding gated access to the parking lot via Piper
Boulevard.
Mr'. Mulhere: "If the CAT bus —these points of ingress and egress here will be gated,
and we will be constructing that as part of the inrpr•overnents to the parking facility. If —
and so the access is limited to only county anal FP&L vehicles and, of course, the CAT
bits. " (Page 101.)
Mr. Mulhere: "The site —that site off of Piper will be gated allowing only appropriate
vehicles to enter. " (Page 102.)
PDI-PL20230010739, Seed to Table CPUD Page 3 of 13
December 31, 2024
Attachment D is a letter from Collier Area Transit (CAT) on July 12, 2023, in support of
removing the gate.
The removal request comes from the Seed to Table representatives, Collier Area Transit, and
FP&L, all of whom have utilized the gate in the past and have observed instances of members of
the public locking the gate when it was a "cattle fence" style, and also powering off the gate
when it had switched to an electric gate. According to the applicant, the gate has been down, or
open, for the last couple of years, and the request to remove the requirement makes logical sense
to appease concerns from FP&L and the CAT bus operators.
Site Photo of currentgate access status. Date of photo: August 2024; Sortrce: Google Eat?/t
This removal request will also address and resolve the open code case, CELU20230002442, which
was a complaint filed by a nearby resident in the adjacent Willoughby Acres neighborhood due to
"allowing unauthorized access/entry to people not permitted on Piper BLVD." This case was a
continuation of a closed case number CELU20220010949, closed on January 30, 2023, which was a
complaint about the gate not being operable nor stopping traffic from Seed to Table Parking lot. The
case was reopened on March 21, 2023, per Code Enforcement leadership, and is to be run in
conjunction with Site Development for the subject property. There have been a couple of other
complaints regarding this similar issue, but Code Enforcement will not open new code cases due to
complaint duplication.
Regarding any data analysis, this is typically not required for a PDI, but it can provide supportive
evidence. A member of the public had requested that a TIS be completed for this petition. However,
this isn't a requirement for a PDI, and the applicant is not obliged to complete one due to time and
study requirements. County Staff requested the applicant provide a traffic count of some type, either
manually, via photographs, or video camera; however, there is no requirement that the applicant
provide this information; as such, a traffic count was not provided. Therefore, no sufficient data
analysis could be completed for this PDI request, nor is it a requirement.
PDI-PL20230010739, Seed to Table CPUD Page 4 of 13
December 31, 2024
Aerial photo displaying tl:e current traffic flow behveen Lreniokalee RD, Lakeland AVE, Piper BLVD, Livingston
RD, and the parking lot. The Red X depicts the location of tl:e gate. However, tl:e amount of traffic that follows
this route regularly is unknown. Source: Collier County GIS, ESRI
For this specific PDI petition, the required NIM was held on November 19, 2024, and the public
in attendance all vocalized opposition to the petition, stemming from the open code case. During
the NIM, the applicant offered three options to address the cut -through traffic and the public's
concerns, which were.
1. Add three -speed bumps/speed tables, as shown on the revised Seed to Table CPUD
Master Plan, and
2. Post "Authorized Personnel Only" signs in lieu of the gate to signify that only authorized
vehicles, such as CAT and FP&L, can utilize the access, and the public is restricted and
3. Request police presence
The public did not support the proposed options by the applicant because they believed it
wouldn't reduce the traffic conflicts and issues they addressed. The public prefers a better gate
and a guard on watch 24 hours a day, 7 days a week. Staff determined this request to be
excessive and more costly when compared to the options the applicant proposed.
PDI-PL20230010739, Seed to Table CPUD Page 5 of 13
December 31, 2024
The gate removal is adequate because it will provide operations efficiency for the CAT Bus and
"P&L. Not interfering with Seed to Table employee parking is a major benefit and opportunity
of economic development for the county to protect. According to Exhibit B, development and
design standards F & G, the restriction on customer, vendor, truck and trailer, and overnight
parking in the subject property will remain in effect. Lastly, the absence of a gate is not the cause
of traffic conflicts or accidents; the main culprits are only drivers who do not obey traffic laws.
With the three options proposed by the applicant, staff agrees that this plan is sufficient.
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: Undeveloped FPL easement, zoned Residential Single -Family (RSF-3)
East: Livingston Road R.O.W. and commercial development, zoned Carlton Lakes PUD
South: Piper Road terminus, Immokalee Road R.O.W., and Canal
West: Residential, FPL substation, zone Residential Single -Family (RSF-3) Willoughby
Acres
Subject Property Zoning Map; So1n•ce: Collier CountJ� GIS, ESRI
PDI-PL20230010739, Seed to Table CPUD Page 6 of 13
December 31, 2024
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December 31, 2024
STAFF ANALYSIS:
Comprehensive Planning: According to the Future Land Use Map, the subject property is
located within the Seed to Table Commercial Subdistrict, which the Board of County
Commissioners adopted on September 25, 2018. The purpose of this subdistrict is to allow for
the development of a parking lot and Collier County utility facilities and services. The proposed
change to remove the gated access to Piper Boulevard does not affect the currently approved
subdistrict language. Therefore, it is the determination that this proposed change is consistent
with the adopted Seed to Table Commercial Subdistrict and thus is also consistent with the
Growth Management Plan,
TranspoNtation Element: Transportation Planning staff reviewed the application and found this
project consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan
(GMP). There is no increase in the amount of development proposed and no additional trip
generation on the arterial and collector road network. Staff notes that there may be operational
changes on local roads related to the removal of the gate at the south end of the parking area.
Staff requested but did not receive additional data regarding this operation change; however,
operational impacts are generally included at the time of site development order (SDP, SDPA,
SDPI, or Plat). Finally, the project's development must comply with all other applicable
concurrency management regulations when development approvals, including but not limited to
any plats and or site development plans, or amendments are sought. Therefore, the subject
amendment can be found consistent with Policy 5.1 of the Transportation Element of the GMP.
Zoning Review: Zoning staff reviewed the request to remove language from the governing PUD
Ordinance, which pertains specifically to a gate system access from Piper Boulevard to the
parking area of the subject property. Based on the nature of the request, petition, and the
responses provided by the applicant in response to the criteria for an insubstantial change to a
PUD, LDC Sec. 10.02.13.E.1, this petition satisfies an insubstantial change request.
The consequence of the petition request is to remove the language fi•om Ord. 18-49, Exhibit B,
Page 2, Tract P — Parking Lot, development and design standard A, which states, "The Piper
Boulevard access to the parking area 11vill be controlled by a gate system. " It will also remove
the word "gated" from page 3, Tract U — Utilities, in the development and design standard A, as
well as the phrases "to be gated" and "public parking" from page 3, Exhibit C, Seed to Table
CPUD Master Plan.
According to the applicant, the gate was regularly tampered with by an unknown source in the
past, and for the last couple of years, the gate has been removed. They have claimed that there is
minimal traffic moving through the access point regularly. Staff asked the applicant for evidence
of minimal traffic flow, such as traffic counts or photos. The PDI does not require a traffic study;
none was provided when this staff report was drafted. The public claims that the traffic flow has
increased, causing traffic conflicts where Piper Boulevard and Lakeland Avenue intersect. No
traffic accidents have been reported to staff in relation to this request. Also, this intersection is
not within the subject property and CPUD boundaries. All claims have been anecdotal, and no
substantial evidence was provided.
PDI-PL20230010739, Seed to Table CPUD Page 8 of 13
December 31, 2024
When the gate was closed in the past, it didn't prevent traffic from cutting through the access
point. To help ease the public concerns, the applicant offered three options that are committed to
this PDI request: to include 3-speed bumps/speed tables in the parking lot, to install "Authorized
Personnel Only" signs, and lastly, a police presence to help alleviate the traffic that cuts through
if they happen to be speeding. Staff determined that these options may help dissuade the public
from cutting through the open access point of the parking lot regularly and are cost-effective for
the county.
This PDI request will also address the open code case, CELU20230002442, which was opened
on March 21, 2023. Since then, several other complaints have been received, similar to those
already noted in the open code case. Code Enforcement does not open duplicate code cases when
the additional complaints similar in nature are to the original code complaint. Attachment F
provides the code case details.
Lastly, the Ground Lease by and between Collier County and Oakes Farms, Inc., included in
Attachment A, was a lease agreement between the "Lessor" Collier County and the Oakes
Farms, Inc., the "Lessee", formed an Economic Development Agreement. Page 3, Section 4,
Use of Leased Land, states, "Lessee shall construct and maintain a 6ft interior• perimeter fence
or wall that will swT01117d the parking lot areas 1-vith appropriate openings or gate access to
allow for vehicle ingress and egress to the parking lot... ". According to the Use of Leased Land,
there is no obligation to the Lessee to construct or maintain gate access for traffic since the
language implies an option between appropriate openings or gate access for vehicular access to
the parking lot. Furthermore, no gate access is mentioned in section 5, Lessee's Obligations to
Build.
Staff determined that removing the gate would not cause any possible future traffic accidents and
that any traffic conflict would be due to drivers not obeying traffic laws. Staff concurs that the
options provided by the applicant are sufficient for the PDI request and will help maintain the
general health, safety, and welfare of the public. Therefore, zoning staff is recommending
approval.
Landscape Reviefv: Not applicable.
Cofiservalow oti Coastal Managet�aeszt Ele�nerat (CCME): Environmental review staff has found
this project to be consistent with the Conservation &Coastal Management Element (CCME). No
revisions to the environmental portions of the PUD are being requested.
Esavirowaental Reviefv: Environmental Planning staff has reviewed this petition. The request is
to amend (Ordinance 18-49) to modify the PUD to allow the removal of an access gate for an
existing parking lot. This project does not require an Environmental Advisory Council (EAC)
review, as this project did not meet the EAC scope of land development project reviews as
identified in Section 2.1193 of the Collier County Codes of Laws and Ordinances.
Environmental Services staff recommends approval of the proposed petition.
PDI-PL20230010739, Seed to Table CPUD Page 9 of 13
December 31, 2024
PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA:
There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. 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
'DC subsection 10.02.13 E.1. The LDC Sections 10.02.13.E.I and 10.02.13.E.2 set forth the
criteria by which insubstantial amendments to a PUD Master Pian 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, the intensity of land
use, or the 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.
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. The parking lot is
designed for private use only, and signage, security cameras, and traffic speed bumps
proposed for use may help deter the public from cutting through between Piper Boulevard,
Immokalee Road, and Livingston Road.
f. Will the change result in land use activities that generate a higher level of vehicular
PDI-PL20230010739, Seed to Table CPUD Page 10 of 13
December 31, 2024
traffic based upon the Trip Generation Manual published by the Institute of
Transportation Engineers?
No, this insubstantial change request will not directly generate additional traffic.
g. Will the change result in a requirement for increased stormwater retention or
otherwise increase stormwater discharge?
No, the proposed change is to remove a gate system; there will be no change in the
stormwater retention or 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, the proposed change is to remove the gate system that prohibits traffic, without a
transponder or other automatic gate opening device, from entering the parking lot from the
south via Piper Boulevard. Homeowners in the Willougby Lakes subdivision have expressed
concern over cut -through traffic using Piper Boulevard and the parking lot to avoid the
signalized intersection of Livingston Road and Immokalee Road. The level of cut -through
traffic is indeterminate and is not a requirement for the insubstantial change request.
i. Are there any modifications to the PUD Master Plan or PUD Document or amendment
to a PUD ordinance which is inconsistent with the Future and 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. 18-49, the approving PUD
ordinance, 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. § 380.065 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 does not create a substantial deviation shall be reviewed and
approved by Collier County under this LDC section 10.02.13 or
No, this question is not applicable as the development does not raise the level of a
Regional impact.
lc. Any modification in the PUD master plan or PUD document or amendment to a PUD
ordinance which impacts) any consideration deemed to be a substantial modification as
described under this LDC section 10.02.13.
No, the parking lot is designed for private use only. Additionally, this petition will remove
The gate fi•om the master plan. While this is not a substantial modification as described in
PDI-PL20230010739, Seed to Table CPUD Page 11 of 13
December 31, 2024
LDC 10.02.13 will allow cut -through traffic to use the parking lot and Piper Boulevard
to avoid the Livingston/Immokalee signalized intersection. The level of cut -through traffic
has not been determined. However, this is not a requirement for the insubstantial change
request.
LDC Section 10.02.13.E.2: Insubstantial change determination. A 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 proposes to remove the gate requirement, which serves to limit unauthorized access
to the parking lot from the south and Piper Boulevard. 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):
The NIM was advertised and held at 5:30 p.m. on Tuesday, November 19, 2024, at the North
Collier Regional Park located at 15000 Livingston Road, Naples, FL 34109, in the Exhibit Hall,
Room A. There were ten (10) members of the public in person and present at the NIM. There is a
copy of the transcript drafted by the applicant that includes the applicant's presentation and the
concerns of the attending public. The public expressed their primary concern about traffic flow
through the parking lot and onto Piper Boulevard. Some of the residents requested a TIS be
completed.
There were three commitments made outside the request for the insubstantial change:
1. Add three -speed bumps/speed tables
2. Post "Authorized Personnel Only" signs in lieu of the gate
3. Request police presence
A copy of the NIM advertising and the prepared presentation are included in the Backup
Package, Attachment A.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner APPROVE Petition PDI-
PL20240010739, Seed to Table, subject to include the following attachments in the HEX
Decision:
PDI-PL20230010739, Seed to Table CPUD Page 12 of 13
December 31, 2024
Attachments:
Attachment A — Backup Package
Attachment B — CCPC Minutes 84648
Attachment C — BCC Minutes 9-25-18
Attachment D — CAT Correspondence
Attachment E — Legal Ad and Sign Posting
Attachment F — CELU20230002442 Code Case Details
Attachment G — Revised Ordinance 18-49
Attachment H — Revised CPUD Master Plan
Attachment I — Public Opposition Correspondences
PDI-PL20230010739, Seed to Table CPUD Page 13 of 13
December 31, 2024
am DIEM "D
I UI VR[lA1VU VJ[: (CC
IHJ I I URBAN RESIDENTIAL SUBDISTRICT o „�
ZONING: RSF•3 CL m
w \ EXISTING LAND USE: FP L [ASEhIENT
SUBDISTRICT
!ONING: RSF-T
fPL PATRUL
ROAD
TO REMAIN
CLEAR
PACES
DEDICATED
C.A.T
■
■
14 SPACES �=�
DEDICATED
C.A.T -
■
■
23S'EXISTING
FUTURE LAND USE:
URBAN RESIDENTIAL
SUBDISTRICT
ZONING: RSF 3
EXISTING LAND USE:
TINGLE -FAMILY RESIDENTIAL
WIILOUGWBY ACRES
r
RSF•3
L_ FPL TRANSMISSION STATION I �
.-.•-•-----•--•---; FPL ACCESS ONLY •
I
INTERNAL
TRACT LINE
'PROPERTY
EXIST. FPL SPLIT •
TRANSMISSION '`� BOUNDARY' •
STATION laser•-r7.a �w�.s.n-x ra— •-
■
JVOVIJI RIII 1 \� EXII
ZONING: RSF-3 ' ■�[-';pUl
EXISTING LANO USE: � � I��A
COLDER COUNTY ' i r
PUMP STATION t
EMPLOYEE
PARKING
AREA
1(14
■
I
■
■ 151
TYPE-
BUFFI
•
•
PARCEL."l�l" •
UTILITY Sli �
SVBDISTRICT
ZONING: A
EXISTING LAND USE:
UTILITY / R.O.W
LOYF.E &
T.
RY / EXIT
F� SUBDISTRICT
ZONING: PUD
EXISTING LAND US
SINGLE-FAMILY
RESIDENTIAL
CARLTON LAKES
4' WIDENING OF
EXITING SIDEWALK
TO I0' WIDTH FOR
LIVINGSTON
MUITI•USE
PATHWAY
CAR TON L KES 130ULEVARD
PIPER BOULEVARDZ60' R�� � �
- - - - - - - -- - - - - - "SFWMD .0
- -� FPL & COUNTY DRAINAGE14
ACCESS ONLY EASEMENT 100% II1164
INWOKALEE ROAD
Q REVISED 2/1/24
QREVISED 7/22/24
SUBDISTRICT
ZONING: PUD
EXISTIN�LAND USE:
SEED TO TABLE
O O �
:OHATCHEE RIVf:R CANAL
�nln nnr nnieir t
SEED TO TABLE CPUD EXHIBITC
MASTER PLAN E:Pup 1 OF 2
UV IN411 UN LUAU MASTER
NAMES, tt 14119 PI AN
Pagc � of 9
ORDINANCE NO. I8- 4 c
AN ORDINANCE OF "I HE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004411
AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
�rcirr n rinwc rn�� "1"1-1174 11NI rP"UMAl ATIT411 AIM OIL COL.LIEIt
1 111J V 1 \ 11 \ v \ Xlkx l/ 1\L 1 1 1.I1/ I 4
COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM A RESIDENTIAL SINGLE FAMILY (RSF-3) ZONING DISTRICT
TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD)
ZONING DISTRICT FOR THE PROJECT KNOWN AS SEED TO TABLE
CPUD TO ALLOW OFFSITE EMPLOYEE PARKING FOR THE SEED TO
TABLE COMMERCIAL DEVELOPMENT IN THE CARLTON LAKES
PLANNED UNIT DEVELOPMENT AND TO ALLOW COLLIER AREA
TRANSIT (CAT) PARK & RIDE AND COUNTY UTILITY FACILITIES,
AND 13Y PROVIDING AN EFFECTIVE DATE, THE PROPERTY
CONSISTS OF 6.82t ACRES AND IS LOCATED NORTH OF THE
I'ERNIIINUS OF PIPER BOULEVARD AT THE ivORTHWESl Ci IUNEK
OF THE INTERSECTION OF LIVINGSTON ROAD AND IMMOKALEE
ROAD, IN SECTION 249 TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA* (PL201700037661
\xIT-TF'R�;A.0 i2nbr_vrt Miilhrrr_� FATC'P of llnlr>. 1��J)�te�S lnr_.; ,Ind i2.e`h YCtVriYlnviCl1; lsq. r)f
Coleman, Yovanovich &Koester, P.A representing Oakes Farm, Inc., petitioned the Board of
County Comrnissioners to change the zoning classification of the herein described property.
NOW 1'111 R131 Olti?, I31 1"l' ORDAIN1aD I3Y `1�11E BOARD OF COUNTY
i.0iviivii S�iivlwi�RS %,JI O(ii..i ii.:R COviw i Y, i'i (AT)MA tliut:
SECTION ONE:
The zoning classification of the herein described real property located in Section 24,
Township 48 South, Range 25 bast, Collier County, Florida is changed from a Residential Single
Family (RSF-3) zoning district to a Commercial Planned Unit Development (CPUD) zoning
strict for dia 6.82+/- acre project to be known as the Seed to Table CPUD to allow offsite
employee parking for the Seed to Table commercial development in the Carlton lakes Planned
Unit Development and to allow CA"f park & ride and County utility facilities in accordance with
(18-CPS-0175811430133111 101
Seed to Table CPUD
PUD"!_,-PL20170003766
8/20/18 1 of 2
the CPUD Documents, attached hereto as Exhibits "A" through "F" and incorporated herein by
reference. The appropriate zoning atlas map or maps as described in Ordinance No. 200441, as
amended, the Collier County Land Development Code, is/are hereby amended accordingly.
SCCTION TWO:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 18m� becomes
effective.
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Commissioners of Collier County, Florida, this 0) �i} day of SL42 rl I
ATTEST: BOARD 0 OUNTY COMMI SIONERS
CRYS`I'Ai; K. KIIvL L, CLERK COLLIE" OL `TY, FLO"
By: By:
Attest as to Cha
u Clerk ANDY SOLIS, Chairman F.
stanature Qn�Y•�;
to form and legality:
lilridi Ashton=Cicko -
Managing Assistant CA
ounty ttorney
Attachments: Exhibit A —Permitted Uses
Exhibit B —Development Standards
Exhibit C — Master Plan
T__1_!1_!a r% T _ _1
r,X111U11 lJ — 1.cg2U LGJI 11�111U11
Exhibit E — List of Deviations
Exhibit F — Developer Commitments
[18-CPS-01758/1430133/I] 101
Seed to Tablc CPUD
PUDZ-PL20170003766
8/20/ 18
This ordinance filed with the
ec tory of toi ' Off' s the
ay or �t. 41
and acknowledgemq tthot
Qfi g eceived this ' day
1 n
oeover
��
W ✓p'rj`v�
F,XNTi�TT A
SEED TO TABLE CPUD
LIST OF PERMITTED USES
PERMITTED USES:
TRACT P —Parking:
I. Principal Uses
A. Public parking for users of the Collier Area Tt•ansit (CAT) Park and Ride
program.
B. Parking only for employees of the commercial development located to
the east across Livingston Road in the Carlton Lakes PUD, No LDC
required parking spaces for the commercial development in the Carlton
Lakes PUD or any other off -site use are permitted.
2. Accessot•v Uses
A. Customary accessory uses and structures including fences, landscaping,
lighting, transit shelters or shade structures, parking attendant structure,
and stormwater facilities.
TRACT' U — Collier County Utility Site:
1. Principal Uses
A. Collier County Utility Facilities and Services, subject to LDC Section
S.OS.I2, Specific Standards for Public Utility Ancillary Systems in Collier
County, as applicable.
2. Accessary Uses
A. Customary accessory uses and structures including fences, landscaping,
lighting, and stormwatcr facilities, and other accessory uses set forth in
and subject to LDC Section 5.05,12, Specific Standards for Public Utility
Ancillary Systems in Collier County, as applicable.
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SEED TO TABLE CPU"
DEVELOPMENT AND DESIGN STANDARDS
Tract P —Parking Lot:
The following development and design standards shall apply to the parking facilities developed
within Tract P.
A. The site will be designed to allow Collier Area Transit (CAT) buses to enter and exit the
parking lot. If the CAT bus enters the parking lot from Piper Boulevard, it will enter the
parking lot through Tract U. The Piper Bettlevard tteeess to the parking arett will be
/1_1__ /`,AT ___1_!_1__ T7nT
Unly l H 1 VCIIIUIU5, %.ULLI1Ly UL111Ly VG111L:1UJ, rrlL UL111Ly
vehicles, and emergency vehicles will be able to access the parking area through Tract U.
The CAT buses will circulate to the north end of the parking lot where the park and ride
pick-up is located. The buses will then exit turning right onto Livingston Road
southbound.
R. A pedestrian sidewalk shall he provided from the southern facing portion of the parking
lot, along Piper Boulevard to the existing pedestrian cross -walk located at Livingston
Road and Immokalee Road. This pedestrian sidewalk shall be included in and
constructed as part of the SDP for the parking lot.
C. Six foot (6') tall perimeter walls shall be installed by Oakes Farms, Inc. within the
landscape buffer along the parking lot perimeter boundaries surrounding the parking lot
area, with openings or gate access for vehicular and pedestrian access. These perimeter
walls shall be included in and installed as part of the SDP for the parking lot.
D. An enhanced 15-foot wide type "D" landscape buffer shall be installed by Oakes Farms,
Inc. abutting to and east of the perimeter fence along Livingston Road. This enhanced
buffer shall include the LDC required Type landscape buffer planting requirements,
except that a double hedgerow no less than 5 feet in height at time of planting and 6 feet
in height within one year shall be planted. Oakes Farms, Inc. will maintain the plantings
at such height. All other perimeter buffers shall be the type identified on Exhibit "C"
PUD Master Plan. All required landscaping shall be included in and installed as part of
the SDP improvements for the parking lot.
E. Except as described on this Exhibit "C", no vertical structures are permitted on Parcel "P"
other than a CAT bus shelter, a shuttle bus and call station, a structure for a parking lot
attendant, lighting and shade structures approved by Collier County.
F. The parking lot shall not be used by customers of the commercial development to the east
across Livingston Road in the Carlton Lakes PUD.
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G. The site will not be used for truck or tractor trailer unloading or parking, deliveries,
vendor parking, offsite storage or overnight parking
H. The parking lot shall include 24 spaces for CAT Park and Ride.
I. g Height:
(1) Principal Structures: There are no permitted principal structures in the parking
lot (Parcel "P").
(2) Accessory Structures: Accessory Structures shall be set back a minimum of
15 feet from all Perimeter PUD boundaries, excluding fences and walls,
which are not subject to a setback, and lighting structures which shall be
setback at least i u feet from the perimeter boundary.
(3) Maximum Height:
i. Transit shelters and shade and parking lot attendant structures, as allowed
by FPL, not to exceed 20 feet, measured from finished grade.
H. Fences or walls shall not exceed 6 feet and are subject to LDC Section
5.0102.F.
His Lighting structures ac allowed by FPL, not to exceed 20 feet, measured
from finished grade.
Tract 11—Utilities
The following development and design standards shall al)1)ly to development within Tract U:
A. The site shall be designed by Uakes 1~`arms, lnc. to allow gxte�l-access from riper
Boulveard with ingress and egress limited to Collier County, FPL, and emergency
vehicles. The site shall be designed to maintain County and FPL access to the adjacent
undeveloped parcel owned by Collier County and to the FPL transmission station on the
western PUD boundary.
B. Setbacks a%d Maxi;;.utr� Building Height: A s set f^vrtl: in,nr cectinn 5.n5,12 _
Specific Standards for Public Utility Ancillary Systems in Collier County.
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FUTURE LAND U5E: c W
RTH URBAN RrSI ENTIAL SUBDISTRICT o W
ZONING: RSFJ ^; D
A\ I I I FXISTING LAND USE: FPL EASEMENT I �=" m
SUBDISTRICT
ZONINtl! RUA
CXISTING LAND USE:
UNDEVELOPED
SUBDISTRICT
ZONING: RSF 3
EXISTING LAND USE:
SINGLE FAMILY RESIDENTIAL
WILLOUGHBY ACRES
EXIST, FPL
RSF-3
TRANSMISSION ;
STATION
f l
I t � I URE LAND USE:
IJRHAN RESIDE TIAL
SUBDISTRICt
ZONING: RSF•3
LXIS11NCi LAND USE:
COt.LIER COUNTY
PUMP STATION
FPL PATROL
ROAD
I O REMAIN
CLEAR
I o SrncEs
Jr
DEDICATED I
C.A.T
PUBLIC)
14 SPACES — �-
DEDICATFD
C.A.T
ME3Bl+fi
235'EXISTING
PL EASEMENT
I
I
15, ■
I
TYPE'13'
BUFFER
FPL ACCESS ONLY �
INTERNAL
TRACT LINk
A.RO .Tv 1
SPLIT
BOUNDARYI
' EXIST1C.C.
t I (PUMP
ATI N
1 L
.A.T
14
>�TYPE `I
BUFFE
PARCEL "P" _
1� C
EMPLOYEE c
PARKING
AREA
nRE��
LOYF.F. &
T,
RY/ EXIT
-0' 1VIDENING OF
EXITING SIDE\VALK
TO 'WIDTH FOR
LIVINGSTON
htUlTl-USE
CARLTON Li
PARCEL •
UTiiiiYSiic FPLPAinOL� �D
' r
PIPER BOULEVARD�O' R. �,,,
- -
FPL & COUNTY — - — -
ACCESS ONLY
a
�EII
TU REf {tIN CL R�'
- SFWMD
DRAINAGE ;, c,
EASFMENT 101'
I
-.._ ' � . - - _ - mat{• __ - - _� �r
IMMOKALEE ROAD
SEED TO TABLE CPUD
MASTER PLAN
Page 4 of 9
ZONING: A
SUBDISTRICT
RESIDENTIAL
CARLTON LAKI
KES
130ULEVARD
SUBDISTRICT
ZONING: PUD
EXISTING�ND USE:
SEED TO TABLE
TOHATCHEE RIVER CANAL
wnlnnl fV11fl1IC
EXHlarr c 1 0 F 2 crud
MASTER
VI AN
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LAND USE SUMMARY
IMPERVIOUS
PROPOSED PAVEMENT,& SIDEWALKS
ACRES
3.24
_ 2.98
PERCENTAGE
OF SITE
47.5°, _
41 7"
EXISTING PAVEMENT
EXISTING BUILDING
0.20
0.06
1.91n3
PFRVIOLIS
OPEN SPA(
1 3,58
L90
52,5W
21 .12
DRY DETENTION
1.68
2d.6'k
TOTAL AREA
6.ti2
1009�
AND USE LEGEND
OPEN SPACE/ PRESERVE
PARCEL P PARCEL U
0.74 AC 1,16 AC
_
TOTAL
1.90 AC
WATER MANAGEMENT
BUILDING
L68 AC
0.01) AC
0.00 AC
006 AC
1.68 AC
0.06 AC
PARKING / PAVEMENT ! SIDFWAI
KS
298 AC
0.20 AC
3.18 AC;
TOTAL AREA
1.40 AC
1.42AC.
T,.82 AC
zQNiNG
C N N NG
SF-3
PROPOSED 'ZONING,
CPUD
GENERAL NOTES
1. tl6.33 ACRES OF SITE IS WITHIN A FLORIDA PObVER & LIGHT
EASEMEM, AND WILL REQUIRE' APPROVAL OF FPL PRIOR TO SDP.
7.. NO LDC REQUIRED PARKING SPACES FOR THE COA4MERCIAI.
DEVELOPMENT IN THE C'f\RLTON l.r\KI:S 1'UD OR ANY OTHER
OFF -SITE USE ARE PERMFTTED IN THIS PUD
3. NO PRESERVE IS REQUIRED FOR TF1E PROPOSED PLAN
DFVELOPiv1ENT (PER LDC 3,U5.07.8.1)
1(��� r�I= rv�n
Ull1ll111111]111111 \S'AIERMANAGEMENT
DRY DETENTION
4* WHICULAR ACCESS
own ( POD BOUNDARY
(PR 0 I'ERT1 FOUNp)ARYL
__i3�VISIC>NS
� onrE
��w.
REVISIONS
1
5114,M8
1 PER
COLLIER
COUNTY COMMENTS
2J(V21120181
PER
COLLIER
COUNTY COMMENTS
a
i15I1018
PER
COLLIER
COUNTY COMMENTS
4
K'1512018
PER
COLLIER
COUNTY COMMENTS
5
fill612018
PLR
COI IF,R
COUNTY COMMENTS
SEED TO TABLE CPUD
MASTER PLAN
Page 5 of 9
ill[ti llil[ [X111811 C
MASTER
PLAN
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IJXHIBIT D
SEED TO TABLE CPUI)
LEGAL DESCRPTION
A PARCEL OF LAND LYING IN THAT PART OF THE EAST ONE-HALF (E '/2) OI� TI-IE
SOUTHEAST ONE -QUARTER (SE ''/4) OF THE SOUTHEAST ONE -QUARTER (SE ''/4) OF
SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING A'I" `I'I-IE SOU"I'IIEAST CORNER OF SAID SECTION 24, RUN
N 00015'36" W ALONG THE EAST LINE OF SAID SECTION 24 FOR 100.14 FEET TO AN
INTERSECTION WITH THE EASTERLY PROLONGATION OF THE NORTH LINE OF A
ONE HUNDRED (100) FOOT WIDE CANAL RIGHT-OF-WAY;
VAT EIv CE ALUIN U SA1D LINE S 89° i 3'4 7" W L 7 5.0 i FEi '1 'TO AIN Iiv T nM3nk.'I 1UIN `W 1 T H
THE SOUTHERLY PROLONGATION OF THE WEST RIGHT-OF-WAY LINE OF
LIV INGSTON ROAD;
THENCE ALONG SAID LINE N 00015'36" W FOR 60.00 FEET TO THE POINT OF
BEGINNING,
THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINEN 00°15'36" W FOR 1,172.96
FEET TO THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER (SE '/4) OF THE
SOUTHEAST ONE -QUARTER (SE '/4) OF SAID SECTION 24,
'THENCE ALONG SAID NORTII LINE S 89°06'35" W FOR A DISTANCE OI� 235:01 FEET;
'I"I-IENCE S 00°15'36" E FOR A DI5TTANCE OF 997.40 FEET TO THE NORTHEAST
CORNER OF THOSE RECORDED IN O.R. BOOK 1682, PAGE 1092 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA,
TI-IENCE ALONG 'TLIE NORTH LINE OF SAID LANDS S 89014'38" W FOR A DISTANCI�,
OF 122.53 FEET TO THE NORTHWEST CORNER OF SAID LANDS;
THENCE ALONG THE WEST LINE OF SAID LANDS 5 00°1All 1" E FOI2 A DISTANCE
OF 175.01 FEET TO THE SOUTIIWhST' CORNER OF SAID LANDS;
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TI-11_;NCI ALONG TIII: SOUTH LINE OI' SAID LANDN N NV 1-1 41 14 1 - K A I)INTANC'1-4.
OF 122.59 FEET TO THE SOUTI-IEAST CORNER OF SAID LANDS;
THENCE CONTINt1E N 07 1347 E FOR A DISTANCE OF 235.00 FEET TO THE POINT
OF BEGINNING,
l I-iE ABOVE DF;SCR113ES APPttOXIMA T ELY Ly"/,U15 SCIUARI� FEE 1 OR 6.2SL ACRES
OF LAND.
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IJX131BIT E
STD TO TABLr CPIJD
LIST OF DEVIATIONS FROM LDC
Deviation No. I.
1-V UGV1i111V1111V111 U1G LiJI.. JCGl1UIi't.VU.VJ. t"ldlll 1V1QLGlliil �ld11Uil1UJ, JUUJCGl1Vi1 11.G. I1GGS QIIU
Palms, which requires all new code required trees to be ten feet in height and all new trees to
have a mature height of 15 feet to allow for trees to have a lower height, not to exceed a mature
height of 14, consistent with an approved landscape plan by FPL and Collier County. At time of
planting the minimum height shall be 8 feet.
Deviation No. 2
A deviation from LDC 4.06.OS.B.4. Public Utilities Ancillary System, which established
required landscaping including screening and buffering surrounding public utilities ancillary
system, to waive the required screening/buffering at the north perimeter boundary of Tract U
between the Parcel U and Parcel P.
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r.x111IfII r
SEED TO TABLE CFUD
DEVUJU FMENT COMMITMENTS
1. One entity (hereil1attel the Managing Entity) shall be responsible for PUD monitoring
i 1,. + 1,.t ,. TIT TUN A 41_:_ 1__u I -- i__ - •f_i_ D-., r_ __ >> "Tyr
Lint11 iaUJo-Uut U1 thU F UU, a11U LHIN e1ltlty silall also UC I-usjJG11s101C lUI satlslylllg all rutJ
commitments until close-out of the CPUD. At the time of this PUD approval, the
Managing Entity is Oakes Farm, 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, to be approved for legal sufficiency by the County Attorney.
After such approval, the Managing Entity will be released of its obligations upon written
annroval 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 CPUD by the new owner and the new owner's agreement to comply with
the Commitments through the Managing Entity, but the Managing Entity will not be
relieved of its responsibility under this Section. When the CPUD is closed out, then the
Managing Entity is no longer responsible for the monitoring and fulfillment. of PUD
commitments.
2. The SDP for Tract P shall include design measLn•es, such as landscaping, fencing,
lighting, and signage to discourage pedestrians from crossing Livingston Road, except at
the designated and properly marked crosswalk located at Livingston Road and Immokalee
Road.
3. All required stormwater retention for the PUD shall occur on Parcel "P".
4. As part of the development of the parking lot, Oakes Farms, Inc. shall widen the existing
sidewalk along the PUD's Livingston Road fi•ontage to creatc a l0 foot wide multi -use
pathway along Livingston Road,
5. Oaks Farms, Inc. shall install security cameras, in locations along the perimeter of the
parking area, sufficient to monitor activities in the parking lot between the hours of 10:00
PM and 6:00 AM.
6. Oakes harms, lnc. shall provide a shuttle bus and call station for employee transportation
ti•oin the parking facility to the grocery stare provided within the Carlton Lakes PUD.
7. Shifts changes for employees using the parking lot shall not occur between 6:00 AM and
�:00 AM ar 4:00 PM and 6:00 PM.
$. Special events are prohibited on Tract P.
Pane 9 of t)
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Post CCPC Clean (8-17-2018).docx
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT
Governor
September 26, 2018
Ms. Crystal K. Kinzel, Interim Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
Dear Ms. Kinzel:
KEN DETZNER
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. 18-4v, which was filed in this office on September 26,
M14
V I al.
Sincerely,
Ernest L. Keddick
Program Ad►ninistrator
F;LR/Ib
R. A. Gray Building S00 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (SSO) 245-6270
www.dos.state.fl.us
C tergonnet Report Title: Code Case Details
Date: 11/8/2024 10:11:37 AM Case Number: CELU20230002442
Case Number:ICELU20230002442
Case Type: � Land Use
Priority: � Normal
Inspector: I Thomas.landimarino
Jurisdiction: Collier County Code Enforcement
Origin: � Complaint
Status:
Open
Date & Time Entered:
3/21/2023 8@12:05 AM
Entered By:
Adam.Collier
Case Disposition:
Case Pending
Detail Description: Allowing unauthorized access/entry to people not permitted on Piper BLVD
**********Case continuation of case number CELU20220010949*********
Case reopened per Leadership. Case to be run in conjunction with Site Development Case.
Location Comments:1162960004
15395 Livingston
Address
15395 Livingston RD, Naples
Property
162960004
Interested Party
COLLIER CNTY
TRANSPORTATION RIGHT-OF-WAY
Violator
OAKES FARMS
INC % FRANCIS A OAKES
Business Management &Budget Office 1
Code Case Details
Execution Date 11/8/2024 10*11 @37 AM
Desc
Assigned
Required
Completed
Outcome
Comments
Verify Complainant
Adam.Collier
3/21/2023
3/21/2023
Not
Case reopened as part of
Required
CELU20220010949
Original Complainant.
Cathy Messina (239-290-5370). 11177
Palmetto Ridge Drive.
Case reopened per Leadership to run in
conjunction with site development case.
CollierAdam 03/21/2023 8:21 AM
CE Case Research
Adam.Collier
3/21/2023
3/21/2023
Complete
Research revealed that this is a recurring
case type for a similar violation. CollierAdam
03/21 /2023 8:22 AM
Initial Inspection
Donald.Lange
3/22/2023
3/22/2023
Incomplete
Arrived at approximately 9:19 am - Patrolled
parking lot and did NOT witness any
attendant on site. Did witness Shuttle Van
Driver transporting customers back and forth
from Seed to Table about every 5-10-
Minutes. There is no gate at the entrance off
Piper Blvd and the broken gate is still off to
the side. Did observe two unauthorized
vehicles using this access from parking lot to
Piper Blvd. Permit Number
PRBD20200416603 remains in "Issued
Status". Ended observation at 9:51 AM.
Permit Description: BARRIER ARMS GATE
23' OPENING (ELECTRIC PROVIDED BY
OTHERS) 15395 Livingston RD
Initial Inspection Follow-up
Adam.Collier
4/3/2023
4/3/2023
Incomplete
Received an updated email from the
contractor responsible for installing the gate
at the piper blvd entrance/exit. Contractor
stated fire final failed and once the gate was
repaired a new inspection would be called in.
Because the gate remains open the violation
remains. Unauthorized users have access to
this entrance/exit. This was confirmed as I
passed by and witnessed that the gate
remains uninstall. CollierAdam 04/03/2023
2:28 PM
Initial Inspection Follow-up
Adam.Collier
4/10/2023
4/10/2023
Incomplete
Permit PRBD20200416603 remains in
inspections commenced status with an
expiration date of 09.24.2023.
Permit Description: BARRIER ARMS GATE
23' OPENING (ELECTRIC PROVIDED BY
OTHERS)
15395 Livingston RD.
This finalized permit will abate both the site
development and land use violations.
CollierAdam 04/10/2023 3:58 PM
Business Management &Budget Office 2
Code Case Details
Execution Date 11/8/2024 10:119437 AM
Desc
Assigned
Required
Completed
Outcome
Comments
Initial Inspection Follow-up
Adam.Collier
5/1/2023
5/2/2023
Incomplete
Permit PRBD20200416603 remains in
inspections commenced status with an
expiration date of 09.24.2023.
Permit Description: BARRIER ARMS GATE
23' OPENING (ELECTRIC PROVIDED BY
OTHERS)
15395 Livingston RD.
This finalized permit will abate both the site
development and land use violations.
CollierAdam 05/02/2023 10:09 AM
CE Phone Call
Adam.Collier
5/30/2023
5/30/2023
Complete
Cathy Messina (239-290-5370). 11177
Palmetto Ridge Drive.
Called the complainant and informed her that
the case would now be put in the code
enforcement directors name per his request.
She was provided with his name of the
director of the code officers. CollierAdam
05/30/2023 7:48 AM
Initial Inspection Follow-up
Thomas.landi
6/6/2023
5/7/2024
Incomplete
Code is monitoring planning app
marino
PL20230010739 for the removal of the gate.
Initial Inspection Follow-up
Thomas.landi
8/5/2024
Pending
marino
Violation Description Status Entered Corrected Amount Comments
Title Reason Result Compliance FinetDay Condition
Business Management &Budget Office 3