Agenda 06/10/2025 Item # 8A (Ordinance - Seed to Table CPUD for the removal of the gate control system at the Piper Blvd. access to the parking lot)6/10/2025
Item # 8.A
ID# 2025-1452
Executive Summary
Appeal by the Board of County Commissioners of Hearing Examiner Decision 2025-02, which denied an insubstantial
change to Ordinance No. 18-49, the Seed to Table Commercial Planned Unit Development, to remove the gate control
system at the Piper Boulevard access to the parking lot. The subject PUD is 6.82 acres 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. (PL20250003142)
OBJECTIVE: To provide the Board of Zoning Appeals (BZA) with all the relevant information regarding the above-
referenced matter and to establish a complete record for consideration by the BZA in rendering a determination.This
item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all
participants are required to be sworn in.
CONSIDERATIONS: At the March 11, 2025, Board of County Commissioners' meeting, under agenda item 10. B
directed Staff to bring back Hearing Examiner Decision 25-02, Attachment "A" for an appeal hearing to review the
specifics of the proposal and decision.
The governing document for the Seed to Table CPUD, Ordinance 18-49, 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. 18-49 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 to avoid the Livingston/Immokalee intersection. Approximately 55
members of the public attended the 2017 NIM, many of whom were residents of the adjacent Willoughby Acres
neighborhood.
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.
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 the 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.
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 in the draft 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.
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6/10/2025
Item # 8.A
ID# 2025-1452
From Staff's perspective, the gate removal will provide operational efficiency for the CAT Bus and FP&L equipment.
The parking lot has a restriction on customers, vendors, trucks and trailers, and overnight parking in Exhibit B of the
PUD document, which 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 agree that this plan is sufficient.
At the January 23, 2025, Hearing Examiner (HEX) Public Hearing, three individuals spoke against the proposed
changes sought within the PDI application. Minutes of that hearing have been added as Attachment "B." On February
24, 2025, HEX Decision 25-02 was issued, denying the PDI Request. Finally, the Board, on March 11, 2025, directed
Staff to appeal the HEX decision and bring back the item for review at a future advertised public hearing.
The staff report and analysis of the insubstantial change criteria are in Attachment "C."
The appeal provides for community engagement and participation within the decision-making process of County
Government, as prompted through the Responsible Governance Objectives.
FISCAL IMPACT: Approval or denial of the appeal can be expected to have a fiscal impact on the County, as both
sides of the issue could appeal to the Courts. In addition, the decision will have a fiscal impact related to the owner of
Seed to Table regarding the repeated replacement of the gate.
GROWTH MANAGEMENT IMPACT: The operational characteristics of the supplement parking facility are not a
matter that would be addressed by the Growth Management Plan; therefore, upholding or overturning the HEX decision
will have no impact on the Growth Management Plan.
LEGAL CONSIDERATIONS:
If the Board agrees with the HEX Decision that the gate removal is a substantial change to the PUD, the Board may
affirm the HEX Decision. If the Board does not agree with HEX Decision, it may reverse the decision. LDC Section
10.02.13.E.2 provides “an insubstantial change [to a PUD] includes any change that is not considered a substantial or
minor change.” LDC Section 10.02.13.E.1 provides, in part:
For the purpose of this section, a substantial change shall be deemed to exist where:
a. A proposed change in the boundary of the PUD;
b. A proposed increase in the total number of dwelling units or intensity of land use or height of
buildings within the development;
c. A proposed decrease in preservation, conservation, recreation or open space areas within the
development not to exceed 5 percent of the total acreage previously designated as such, or 5
acres in area;
d. A proposed increase in the size of areas used for nonresidential uses, to include institutional,
commercial and industrial land uses (excluding preservation, conservation or open spaces), or
a proposed relocation of nonresidential land uses;
e. A substantial increase in the impacts of the development which may include, but are not
limited to, increases in traffic generation; changes in traffic circulation; or impacts on other
public facilities;
f. A change that will result in land use activities that generate a higher level of vehicular traffic
based upon the Trip Generation Manual published by the Institute of Transportation Engineers;
g. A change that will result in a requirement for increased stormwater retention, or will otherwise
increase stormwater discharges;
h. A change that will bring about a relationship to an abutting land use that would be
incompatible with an adjacent land use;
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6/10/2025
Item # 8.A
ID# 2025-1452
i. Any modification to the PUD master plan or PUD document or amendment to a PUD
ordinance which is inconsistent with the Future Land Use Element or other element of the
Growth Management Plan or which modification would increase the density or intensity of the
permitted land uses;
j. The proposed change is to a PUD district designated as a development of regional impact
(DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and
public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the
criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do
not create a substantial deviation shall be reviewed and approved by Collier County under this
LDC section 10.02.13; or
k. Any modification in the PUD master plan or PUD document or amendment to a PUD
ordinance which impact(s) any consideration deemed to be a substantial modification as
described under this LDC section 10.02.13.
A majority vote of the Board is needed to approve or reverse the HEX decision. If the Board reverses the HEX Decision
and finds the request to remove the gate is an insubstantial change to the PUD, it may conduct a public hearing on the
insubstantial change petition. LDC Section 10.02.13.E.2 provides “An insubstantial change to an approved PUD
Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 [criteria for substantial changes] and shall
… be based on the findings and criteria used for the original application ….” An affirmative vote of four is needed for
Board approval of an insubstantial change to the PUD. This item is approved as to form and legality. (HFAC)
RECOMMENDATIONS: For the Board of Zoning Appeals to reverse the denial of Hearing Examiner’s Decision
2025-02 and approve the insubstantial change in PL20230010739, allowing the removal of the gate control system
subject to the applicant providing the three conditions presented at the neighborhood information meeting:
(1) add speed bumps/tables,
(2) post “Authorized Personnel Only” signs and
(3) Request police presence as needed.
PREPARED BY: Mike Bosi, AICP
ATTACHMENTS:
1. Attachment-A--HEX#2025-02
2. Attachment-B--Minutes of HEX Hearing
3. Attachment-C--Staff Report & Backup
4. legal ad - agenda ID 25-1452 -Appeal Seed to Table HEX Decision 25-02 -BCC 6-10-25
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Attachment A-HEX Decision
2025-02
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HEX 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
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Page 17 of 2218
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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Page 19 of 2218
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
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Page 21 of 2218
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).
Page 22 of 2218
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PDI-PL20230010739, Seed to Table CPUD Page 2 of 13
December 31, 2024
Page 23 of 2218
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
Page 24 of 2218
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 ofphoto: 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
Page 25 of 2218
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
Page 26 of 2218
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
Page 27 of 2218
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December 31, 2024
Page 28 of 2218
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
Page 29 of 2218
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
Page 30 of 2218
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
Page 31 of 2218
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
Page 32 of 2218
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
Page 33 of 2218
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
Page 34 of 2218
am DIEM "D
Page 35 of 2218
I UI VR[lA1VU VJ[: (CC
IHJ I I URBAN RESIDENTIAL SUBDISTRICT o „
ZONING: RSF•3 CL mw \ 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 \ EXIIZONING: RSF-3 ' [-';pUlEXISTINGLANOUSE: I ACOLDERCOUNTY ' 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 .0FPL & 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
Page 36 of 2218
Page 37 of 2218
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.LIEIt1111JV1 \ 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 CiIUNEK
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 fordia 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
Page 38 of 2218
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.
n e c.crr.r n rr r-r rr v nnn•rrr L.. C 1,. 0,,,,«.1 f
1"HJJI L t11VL iJVL 1 HLVl 1L'L U1' JllpG1 111Ct Vill' vUw vl lt1t+ i.vuiu vt Uuuay
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 ountyttorney 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
Page 39 of 2218
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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r.xHiDT is
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 WRTHURBANRrSIENTIALSUBDISTRICToW
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 IC.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 2crud
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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Page 44 of 2218
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; Page
6 of 9 C:\
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Page 45 of 2218
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.
Page 7 of 9
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Page 46 of 2218
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.
Page 8 of 9
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Page 47 of 2218
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 FUU, 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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tf f
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
Page 49 of 2218
Page 50 of 2218
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
Page 51 of 2218
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
Page 52 of 2218
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
Page 53 of 2218
Attachment B- Minutes of HEX
hearing
Page 54 of 2218
January 23, 2025
Page 10
MR. SHAW: Sure.
HEARING EXAMINER DICKMAN: I don't have any other
questions. It's pretty straightforward. And I will -- like I said, I'm
not making a decision today, but I've got your testimony, and we've
got this in the record and the staff report and the staff's testimony.
They're supporting it. So I will get a decision out as quickly as I
can, and then you can go have fun with your HOA.
MR. SHAW: Very good. Andrew, thank you very much.
Thanks, Sean. Thanks.
HEARING EXAMINER DICKMAN: Yeah. I hope staff was
pleasant to you. I know it is a bit of a process, but that's the way it
works.
MR. SHAW: That's the way it works.
HEARING EXAMINER DICKMAN: They try -- they do the
best they can.
MR. SHAW: That's right. Thank you.
HEARING EXAMINER DICKMAN: All right. Great. So
we're going to go to 3B now.
Shawn, are you getting taller?
MR. SAMMON: Yeah, you know. The colder it gets outside,
the taller I get.
HEARING EXAMINER DICKMAN: I'm sure. Definitely.
MR. SAMMON: Good afternoon, Mr. Dickman. For the
record, Sean Sammon, Planner III in the Zoning division.
Before you is Agenda Item 3B. This is a request for
insubstantial change to Ordinance No. 2018-49, as amended, for the
Seed to Table Commercial Planned Unit Development to remove the
requirement for a gate at the southern parking lot entrance off Piper
Boulevard.
The subject CPUD consists of approximately 17.09 acres and is
located on the west side of Livingston Road approximately 200 feet
Page 55 of 2218
January 23, 2025
Page 11
north of the intersection of Livingston Road and Immokalee Road in
Section 24, Township 48 South, Range 25 East, Collier County,
Florida.
The petition was reviewed by staff based upon review criteria
contained within LDC Section 10.02.13.E.1, A through K, and
10.02.13.E.2.A, and staff believes this petition is consistent with the
review criteria in the LDC as well as with the GMP.
The applicant conducted one neighborhood information meeting
on Tuesday, November 19th, 2024. Ten members of the public
attended in person, and details from this meeting are included in the
backup package, Attachment A to the staff report.
With respect to the public notice requirements, they were
complied with as per LDC Section 10.03.06.H. The property owner
notification letter and newspaper ad were taken care of by the county
on Friday, January 3rd, 2025, and the public hearing signs were
placed by the applicant on Tuesday, January 7th, 2025.
I've received multiple calls and e-mails from two members of
the public who have shared their concern in opposition with the
petition request.
Therefore, staff recommends that you approve this petition
subject to including Attachments G and H, the PUD revised text and
master plan, respectively, in the HEX decision.
That concludes staff's summary.
HEARING EXAMINER DICKMAN: So let me just ask you a
quick question. Because, I mean, I know this is for the Seed to
Table CPUD, and that's across the very large street, which is -- it's
very busy in there. I did go out. There's at least, on this -- the
employee parking area, at least 100 cars in there this morning. So I
assume they all work across the street, but -- and then I also already
notice the gate is down. There is no gate there.
MR. SAMMON: Correct.
Page 56 of 2218
January 23, 2025
Page 12
HEARING EXAMINER DICKMAN: It's already removed.
It's already been removed. So I guess this is a little bit of an
after-the-fact request.
MR. SAMMON: Correct.
HEARING EXAMINER DICKMAN: Did you know it was
down?
MR. SAMMON: Yeah. I went out myself over the weekend,
drove, and it's been down.
HEARING EXAMINER DICKMAN: Yep.
MR. SAMMON: The applicant had mentioned that it's been
down for some time now.
HEARING EXAMINER DICKMAN: Quite some time.
MR. SAMMON: Yeah.
HEARING EXAMINER DICKMAN: Okay. And so why is
this coming, though? Like, is it the county wants better access to the
utility area; is that what it is?
MR. SAMMON: It's between the utility area as well as CAT
bus, and the property's owned by the county.
HEARING EXAMINER DICKMAN: Okay. And this is for
the benefit of the county?
MR. SAMMON: The county --
HEARING EXAMINER DICKMAN: That's why the county's
initiating this?
MR. SAMMON: Correct, correct.
HEARING EXAMINER DICKMAN: All right. It's not Seed
to Table that's initiating this?
MR. SAMMON: No.
HEARING EXAMINER DICKMAN: Okay. All right.
That's what I wanted to be clear about.
Okay. All right. Thank you very much.
MR. SAMMON: Thank you.
Page 57 of 2218
January 23, 2025
Page 13
HEARING EXAMINER DICKMAN: Let's go to the applicant.
How are you, sir?
MR. LASCANO: Good. How you doing? Chris Lascano
with Phoenix Associates.
So Phoenix Associates, we were contracted by Seed to Table to
construct the parking lot, along with the CAT bus. We work with
Collier County. We created the PUD.
Part of it was a gate, which was originally criteria from the
neighborhood. Over time, though, that gate kept getting taken down.
FPL trucks were not able to access the site, so they would just
remove it. Then there was issues with the CAT bus not -- it wasn't
operating. They took it down. Then I've been told -- I don't know,
but members of the local community also were taking it down.
So after a while, we just stopped fixing it because it became a
problem for us, because everything we did didn't work.
Then Collier County came to us and asked us to submit a
PUD -- that's an insubstantial change -- because the CAT bus no
longer wanted the gate there, and that's what we've done.
Obviously, the community does not want that, so we tried -- the
best we can do that we've come up with is to -- because it is a private
property. It is not meant to be used as a cut-through. So we're
going to add signage. We're also going to install three speed bumps.
We've talked with our transportation guy. He said cut-through, the
only thing you can really do is speed bumps to deter it. They're
going to be longer speed bumps, that way the CAT buses don't get
damaged over time. And then we're also going to request that
Collier County Sheriff's Department monitor the cut-through, you
know, cite people that are using it as a cut-through.
HEARING EXAMINER DICKMAN: So -- okay. There's
a -- there are a lot of cars in there. So are the employees using --
MR. LASCANO: No.
Page 58 of 2218
January 23, 2025
Page 14
HEARING EXAMINER DICKMAN: -- that cut-through to go
through the neighborhood or --
MR. LASCANO: They might, but technically they've been told
that they have to use the --
HEARING EXAMINER DICKMAN: U-turn.
MR. LASCANO: -- Livingston as ingress and egress, correct.
HEARING EXAMINER DICKMAN: All right. So you've
got to do a U-turn on Livingston and come back to it.
MR. LASCANO: Yeah. Piper is just mainly for FP&L and
CAT bus, not for the employees.
HEARING EXAMINER DICKMAN: Okay. Okay. All
right.
Let's go to the -- did you have a presentation you wanted to
make, or that was pretty much it?
MR. LASCANO: No. We're good, I think.
HEARING EXAMINER DICKMAN: Okay. All right. Let's
go to the public. Any members here? There are people here,
obviously.
MR. SUMMERS: Yeah. So we have three public -- registered
speakers. We'll start with Kathy Messina.
MS. MESSINA: Can you start with Michelle, since she's got
facts and figures? I just happened to get here first.
HEARING EXAMINER DICKMAN: Yeah. Call Michelle
up.
So why don't you just have a seat. I'll give you time for
rebuttal. But let's take notes and see --
Ma'am, why don't you use this podium right here so that you
can -- and let's get through this slowly. So we're going to need your
name and address, and I kind of -- for me, I like to know sort of
where you are in proximity to this --
MS. BAMMEL: Certainly.
Page 59 of 2218
January 23, 2025
Page 15
HEARING EXAMINER DICKMAN: -- where your property
is in proximity to this situation. So go ahead.
MS. BAMMEL: Michelle Bammel. I've been a homeowner in
Willoughby Acres since 2018, and I'm one of the individuals who has
to go through the primary exit between -- or Lakeland Avenue and
Piper Boulevard to actually get out of the neighborhood at the light,
and that's the first intersection that is actually impacted by the traffic
that comes out of Seed to Table parking lot or goes to the parking lot.
And I've almost been hit three times by vehicles -- by passing
traffic trying to get through that intersection to go or from the parking
lot.
HEARING EXAMINER DICKMAN: Okay.
MS. BAMMEL: So I have a very strong concern about the
safety and safety issues that are being introduced by the traffic not
being restricted coming from and going to that parking lot.
HEARING EXAMINER DICKMAN: Okay. So do you -- do
you recall when the gate was up?
MS. BAMMEL: I do recall when the gate was up.
HEARING EXAMINER DICKMAN: And were things
better -- were things better when the gate was up?
MS. BAMMEL: They were. They were much better because
it restricted the vehicles that could go through it, which were
primarily the Seed to Table shuttle bus, I think a few FPL vehicles,
and then the county buses.
HEARING EXAMINER DICKMAN: Transportation.
MS. BAMMEL: And it wasn't very much of that. It was just
occasionally they would come through.
But if you actually go out and look at the intersection there, it's
very small. You can only fit in, like, two or three vehicles before
you get to the light between Piper Boulevard and Immokalee Road.
So you also have restricted view fields coming through there.
Page 60 of 2218
January 23, 2025
Page 16
So if you're going south on Lakeland, you get to -- you go through
the Piper Boulevard cross-street, and there's no restrictions through
proper [sic]. So you get up to it. There's a box in the road that's
painted white that people are supposed to stop at. Once the
intersection fills up with those two or three vehicles, then you're
supposed to proceed through.
So because of that box, or the requirement for it, and the limited
space between where that box ends and the light is, cars will back up
before the box at the throughway and on both sides on Piper
Boulevard.
And what we're seeing now is vehicles that want to go to or
from the Seed to Table parking lot not wanting to wait. So they will
actually go into the other line, they drive around the stopped vehicles
and shoot through the intersection. And either they don't know it's
supposed to be straight-through traffic that's not stopped by a stop
sign, or they don't care, and they've almost caused collisions on
several occasions.
And if you look at the density for the area, there's over 400
single-family homes in that area, along with some multifamily homes
in one of the other adjacent Piper Boulevard housing complexes.
And you go down further, and you have a business center at the end
of the Airport-Pulling Road, and then you have Palm River. So we
have restricted points where we can access the neighborhood. Three
of them have lights. Piper -- or, I'm sorry. Palm River is pretty
decent. They've got a pretty nice setup for their exit, but for where
Willoughby Acres is, it's very restricted. It was already somewhat
dangerous before the traffic was allowed to go through, so this has
significantly increased the danger of the intersection.
HEARING EXAMINER DICKMAN: Okay.
MS. BAMMEL: The county's been well aware of this issue for
quite a while. I mean, there's multiple complaints that were put in.
Page 61 of 2218
January 23, 2025
Page 17
HEARING EXAMINER DICKMAN: So it's not -- for you, it's
not the issue of the FPL.
MS. BAMMEL: No.
HEARING EXAMINER DICKMAN: It's not the CAT bus --
MS. BAMMEL: No.
HEARING EXAMINER DICKMAN: -- that you're worried
about. It's not even the shuttle that Seed to Table is using.
MS. BAMMEL: It's the gate that's no longer there restricting
traffic.
THE COURT REPORTER: One at a time. One at a time.
HEARING EXAMINER DICKMAN: It's just -- yeah.
Individual -- yeah, see, I told you she would do that.
MS. BAMMEL: Thank you.
HEARING EXAMINER DICKMAN: I'm in trouble now.
MS. BAMMEL: Yeah, and it can be used as a cut-through
from --
HEARING EXAMINER DICKMAN: Right.
MS. BAMMEL: And that's what we're seeing, too.
The others you were seeing is because people don't want to go
through that intersection at Piper Boulevard and Euclid. They'll now
start cutting through one of the neighborhoods that has an entrance
before that intersection, cut through, go through the middle section of
Willoughby Acres to try to get to another road that takes them out to
a main access point.
So our roads are very narrow. We don't have much light at
nighttime. We don't have a lot of sidewalks, so kids are playing in
the streets. We now have a lot more traffic that's going very fast
cutting through the neighborhood, it's increased and it's dangerous.
The dangers to pedestrians and also to drivers who are just trying to
get to our homes or leave their homes.
HEARING EXAMINER DICKMAN: So are -- these
Page 62 of 2218
January 23, 2025
Page 18
individual cars, are they employees at Seed to Table?
MS. BAMMEL: I cannot -- because I don't know how to
recognize a Seed to Table employee, all's I see is that the vehicle is
going all the way down to the parking lot and entering it, or they're
coming from that location. It's not a bus. It's individual vehicles.
And really, I've never seen -- I've seen maybe one or two buses in all
the years I've been going through there, and I've never seen the Seed
to Table employee shuttle.
And I also question why, if there's just a need for limited
individuals to access that exit or entrance, they just don't block off
that portion of the parking lot, prevent it from being a cut-through,
and then for the Seed to Table shuttle, they can just walk over to the
shuttle. They don't need to drive through that area of the parking lot.
HEARING EXAMINER DICKMAN: Yeah, I agree. Okay.
So I understand your point of view. Anything else?
MS. BAMMEL: Not at this point. Oh, just --
HEARING EXAMINER DICKMAN: You only get one shot at
it.
MS. BAMMEL: I'm sorry. Let me go ahead.
For notification, I actually was in contact with the original
project manager, and I submitted a request to be notified of the
meetings that are taking place, the original NIM and this meeting.
We were told at the NIM that we would be notified, as we provided
our contact information, and that's not been done.
The only people who have been notified of these meetings are
the ones that are within 500 feet of the -- I think the exit and entrance
of the parking lot -- their parking lot itself. If you actually look at
where that intersection is at for Piper Boulevard and, you know, the
Willoughby Acres exit, that's well beyond 500 feet, and that's the
danger point.
HEARING EXAMINER DICKMAN: Okay. I'm going to
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follow back up on that.
Any idea who's taking down the fence?
MS. BAMMEL: I actually wrote to FPL, their corporate office,
and they sent me a letter stating that it was not their employees. So I
got that in writing. I've asked if there's actual camera video of who's
taking that down or if the security guard has seen who's taking it
down, and nobody seems to have that information or be willing to
provide it. But if it's secure and it's being -- the parking lot's being
monitored as it's been agreed to, then I wouldn't expect that gate to be
able to be taken down.
HEARING EXAMINER DICKMAN: Okay.
MS. BAMMEL: I also question speed bumps being as effective
as, you know, bollards blocking it off or a restriction gate.
HEARING EXAMINER DICKMAN: Okay. All right. I
understand. Thank you. Thank you for being here.
MS. BAMMEL: Thank you.
HEARING EXAMINER DICKMAN: Before the next speaker
comes up, can someone at the county just clarify for me the
notice -- the radius notice; is it from the property line of the PUD?
MR. BOSI: Correct. It's the property line of the affected PUD
area. It's 500 feet.
HEARING EXAMINER DICKMAN: So it would extend at
least -- and it seems like the Willoughby Drive folks would have
received something. I'm just looking at the aerial in the staff report.
MR. BOSI: Yes.
HEARING EXAMINER DICKMAN: I mean, if I use that just
generally. But then even, I guess, the northern -- the northwest
corner of the PUD would reach out to some homeowners there as
well.
I did notice there were two signs on the property. So it's like
double -- double signed on both sides of the property with very large,
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it looked like, 8x4 signs.
MR. BOSI: Yeah.
HEARING EXAMINER DICKMAN: Okay. Who else do we
have?
MR. SUMMERS: Next we have Kathy Messina.
HEARING EXAMINER DICKMAN: Hi, Kathy.
MS. MESSINA: Hi, thank you.
HEARING EXAMINER DICKMAN: Name and address,
please.
MS. MESSINA: Kathy Messina, 11177 Palmetto Ridge Drive.
I have never been notified, ever. The last meeting Sean Sammon
assured me that when I gave him my e-mail and phone number I
would be notified. I'm not notified because of the 500 feet. Five
hundred feet is woods, and it's FPL.
HEARING EXAMINER DICKMAN: Yep.
MS. MESSINA: Palmetto Ridge is directly impacted from
Piper Boulevard. And I might add that Palmetto Ridge used to own
Piper Boulevard. The Lorasta (phonetic) family that built the
development still lives there, and it was taken away by eminent
domain. So that's how close we are.
And it has greatly impacted all 29 residences, as they are now
cutting through Palmetto Ridge because of all of the backed up traffic
that people are coming through, and they are cutting the light. And
it's a very dangerous situation. Even the CAT bus, to me, I question
why a CAT bus is going through residential properties. No one
has -- I'm sorry. Go ahead.
HEARING EXAMINER DICKMAN: One second. Let me
just understand this point really quickly, because I see where
Palmetto Ridge is, but what's --
MS. MESSINA: It's a horseshoe, and I'm on the dead-end.
HEARING EXAMINER DICKMAN: What is the
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cut-through? What is -- I mean, what are the benefits -- yeah, I
know, but --
MS. MESSINA: Because it's all backed up on Piper Boulevard
so they can make a right -- right onto Palmetto Ridge.
HEARING EXAMINER DICKMAN: Remember what I said
about our court reporter? She's about to, like, kick me out of this
room in a minute. If we start talking over each other, we're going to
have a problem. Okay. I'm trying to ask you a couple of questions.
MS. MESSINA: Okay.
HEARING EXAMINER DICKMAN: So let me ask you a few
questions. It's important that I understand this.
So I understand where Palmetto Ridge is. So are they taking
Lakewood --
MS. MESSINA: Lakeland, yes.
HEARING EXAMINER DICKMAN: -- Lakeland Avenue, to
go where?
MS. MESSINA: To go into their residence. It dead ends.
There's really only one access, and it's way in the back of Willoughby
Acres. So really, all of Willoughby Acres and even Palm River can
get through to Willoughby Acres and come up Lakeland or Euclid.
They are parallel, and they run right to Piper Boulevard.
HEARING EXAMINER DICKMAN: Okay.
MS. MESSINA: So they don't want to sit. You know, before
there wasn't backed up traffic. People weren't cutting through like
they are now. Now it's a major roadway with hundreds of cars a day
coming through. And the last meeting, I asked Mr. Sammon if he
had even been to the site, and he said no, that it wasn't near where he
lived or back and forth to work. So thank you for going and actually
seeing the nightmare situation. I appreciate it.
HEARING EXAMINER DICKMAN: Okay. Let's not -- let's
not attack county staff, please.
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MS. MESSINA: I've been working on this. There's no attack.
It's the truth. And I am directly impacted, and I'm not even notified.
It's unconscionable.
HEARING EXAMINER DICKMAN: Well, you're here, so
you obviously knew about it.
MS. MESSINA: Through Michelle, thank you very much.
I don't get the paper anymore. I'm disabled. I'm separated,
living in the same house as my husband. You know, it has not been
easy.
This started, the nightmare, when I had shoulder surgery. And I
had -- I was out of work for three months. And I have a dog that
was blind and in kidney failure, and I was out front all the time.
I have a front row to a three-ring circus, and now it's lethal.
There was an accident. Mr. Ortman was very nice, so I will
compliment the county when it needs to. Eric Ortman listened; he
cared. And he retired. And I let him know about the fatality of a
road rage incident that happened at the entrance of Seed to Table's
parking lot up on Livingston.
HEARING EXAMINER DICKMAN: Okay. Where the
supermarket is, not the employee parking?
MS. MESSINA: The employee parking lot.
HEARING EXAMINER DICKMAN: The employee parking
lot.
MS. MESSINA: He was going north on Livingston. There
was a road rage incident after the intersection of Livingston and
Immokalee Road, and he wound up going airborne and went over the
median and flipped. People are in a hurry.
HEARING EXAMINER DICKMAN: All right.
MS. MESSINA: So what was just the shuttle -- which I asked
him -- because I'm out there all the time. I told him, "You're not
supposed to be using Piper Boulevard," and he said, "Tell it to my
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boss," and they kept using it. CAT bus is coming through, as they
are allowed.
But the problem is the original contract that was signed by the
county -- and this is what angers me, when I don't have people call
me back or accept my phone call or get in touch. The contract reads
that Seed to Table was required to have it fully fenced with a gate and
a guard and a guardhouse.
HEARING EXAMINER DICKMAN: Okay. What contract
are you referring to?
MS. MESSINA: The one he signed. I think it was, like,
100-year contract with the county.
HEARING EXAMINER DICKMAN: With the county?
MS. MESSINA: Yes. It's a county contract. I did speak to
Collier County's lawyer, and he said that -- don't quote me, but this --
HEARING EXAMINER DICKMAN: Which lawyer? They
have a lot of lawyers.
MS. MESSINA: I have it written down.
HEARING EXAMINER DICKMAN: They have a lot of
lawyers.
MS. MESSINA: Right. And thank God for Michelle, because
this is all envelopes and pads in between the dying dog and me trying
to live my disabled life.
So what the county is doing is saying, "It doesn't matter if we
sign a contract. We're going to let them do what they want," and
that's basically what it comes down to.
HEARING EXAMINER DICKMAN: Okay.
MS. MESSINA: He -- Mr. Oakes boasted on his website that
he has 3,500 employees.
HEARING EXAMINER DICKMAN: Who is Mr. Oakes?
MS. MESSINA: He owns Seed to Table.
HEARING EXAMINER DICKMAN: Okay.
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MS. MESSINA: Food & Thought. He's since opened another
restaurant and a store. He obviously has the money.
HEARING EXAMINER DICKMAN: So he's the owner of
Seed to Table --
MS. MESSINA: Yes.
HEARING EXAMINER DICKMAN: -- and this employee --
MS. MESSINA: Yes. He's the one that sets off fireworks on
the 4th of July in the parking lot as well. He's got total control. If
there's -- up until lately, the big pieces of fake fence, those were
missing. The gate they put up was a toothpick. I've been working
on this even since FPL, and the gentleman that was helping me
retired. A lot of people are washing their hands of Collier County.
And he was the nicest person. He went as far as putting up a cattle
fence on his own, and then he was told to take it down.
So then, between the developer and maybe even FPL, the
toothpick went up. And that you can just take out -- it's nothing.
It's a little piece of wood.
So lately, I want to say two months ago, somebody not
only -- because Seed to Table did put it back up. I saw the people
there. It was functioning. And by the end of the day, not only was
the gate down, it was dismantled and vandalized, the unit.
So in my opinion, if you're going to have a gate, it's going to
have to have somebody that's going to be there and make sure it's not
vandalized, at least in the beginning.
HEARING EXAMINER DICKMAN: All right. Let me ask
you two questions.
MS. MESSINA: Sure.
HEARING EXAMINER DICKMAN: Whose gate is it? Who
owns the gate?
MS. MESSINA: It would be Seed to Table.
HEARING EXAMINER DICKMAN: Okay.
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MS. MESSINA: Because that's in the contract that he has to do
that.
HEARING EXAMINER DICKMAN: Okay. I'm going to ask
about the contract in a minute.
MS. MESSINA: Yeah, there's a contract.
HEARING EXAMINER DICKMAN: My second question is,
do you have any idea who took the fence down?
MS. MESSINA: Well, when I talked to FPL, he said that Seed
to Table employees told him that FPL drivers were taking it down,
and I believe that. They didn't have access. A gate was put up, and
no one was given any of the codes to open it.
HEARING EXAMINER DICKMAN: Okay.
MS. MESSINA: So also FPL saw Seed to Table
people -- employees taking it down. They do use it at their
convenience. They're -- you know, I don't think we have any
upstanding citizens that are doing the right thing and going where
they're supposed to.
So, you know, now I have the Collier County school buses
going through there. It's, like, ridiculous.
HEARING EXAMINER DICKMAN: Okay.
MS. MESSINA: And there's going to be a building now there
on Piper Boulevard. The county had it as a staging area, so it was
dump trucks coming in and out, and now there's going to be a
building. I don't know who's in that building, what the county's
building, how many more employees.
HEARING EXAMINER DICKMAN: Okay.
MS. MESSINA: But Michelle is correct in saying just move it.
Let FPL have their own site, and the water department, and just have
Alfie Oakes and the CAT bus worry about it.
And there's never been a camera. There's never been police
presence. No one's ever been ticketed. And now all of Willoughby
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Acres and Palm River, probably, are going to break the gate.
So I am no longer saying it's just going to be FPL or Seed to
Table, because now you have hundreds of people that don't care
about Palmetto Ridge.
I had a paradise sitting on my front porch. Sure, there's traffic.
Now there's beeping horns. There's screeching tires. Nobody gives
Lakeland that right-of-way that they have. It's like this (indicating).
HEARING EXAMINER DICKMAN: And there's no light at
Lakeland?
MS. MESSINA: No, no.
HEARING EXAMINER DICKMAN: So --
MS. MESSINA: And they're making --
HEARING EXAMINER DICKMAN: Ma'am, ma'am.
Again --
MS. MESSINA: No light.
HEARING EXAMINER DICKMAN: -- I get you're
emotionally invested in this, but when I ask you -- I'm asking you a
question, and you're talking over me --
MS. MESSINA: I'm sorry.
HEARING EXAMINER DICKMAN: -- and it's going to make
it hard for these transcripts to be clear.
MS. MESSINA: Okay.
HEARING EXAMINER DICKMAN: And you've been
waiting a long time to get to this hearing, so --
MS. MESSINA: Like eight years.
HEARING EXAMINER DICKMAN: You just -- you just cut
me off again.
MS. MESSINA: Oh, I'm sorry.
HEARING EXAMINER DICKMAN: Don't worry about it. I
won't cut you off if you won't do it to me.
All right. What else? Anything else?
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MS. MESSINA: Michelle is correct in saying that they are now
using the yellow "Do not go outside your lane" to make their own
lane. So I'm out there watching near misses every day.
I asked the county three or four years ago when I was sitting out
there -- but I'm disabled now. I'm out there a lot -- to repaint the
whole intersection because I couldn't believe that no one would give
access to the people that have the right-of-way. Because it was very
faded, and they were --
HEARING EXAMINER DICKMAN: And you're talking
about what access? At Lakeland?
MS. MESSINA: There it is in the middle of that whole
intersection --
HEARING EXAMINER DICKMAN: Tell me which
intersection you're talking about.
MS. MESSINA: Piper/Lakeland.
HEARING EXAMINER DICKMAN: Piper and Lakeland,
right. That's what I wanted you to tell me.
MS. MESSINA: Right, okay.
Like Michelle said, there's two cars -- three or four cars that can
fit, and then they can't, and it's painted white in a box with Xs.
HEARING EXAMINER DICKMAN: Okay.
MS. MESSINA: It couldn't be seen, so I asked them to repaint
that and all the yellow lines. So now people are very aware, and
they don't care. They're parking in the middle of it, coming off of
Piper Boulevard, and they are restricting the access of the cars that
have the right-of-way and are heading south on Lakeland to go to
Immokalee Road.
So when they're not blocking it -- and the people that are coming
off of Immokalee Road, again, only two or three cars can go -- they
can't turn and go east onto Piper because there's somebody that thinks
they're more important than anybody else, blocking the entire
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intersection. And if they're not doing that, they're pulling out in
front of the people that have the right-of-way.
HEARING EXAMINER DICKMAN: Okay.
MS. MESSINA: And this is all I'm watching all day every day,
and it was never like that when I bought this house.
HEARING EXAMINER DICKMAN: Okay. I'm going to
give you 30 seconds to wrap up, because I've given you a lot of time,
a lot more time than natural, because I can tell that you're --
MS. MESSINA: Do you have any questions?
HEARING EXAMINER DICKMAN: I do not. I've been
listening and taking notes and --
MS. MESSINA: Well, thank you, because I feel like for the
first time I am being heard, and it's been very frustrating.
HEARING EXAMINER DICKMAN: I understand. And this
is the purpose of this public hearing is for you to -- I can see you're
frustrated, and that's why I wanted you to have --
MS. MESSINA: I had Code Enforcement on it. I'll give you
another compliment. They were great. And Tom Iandimarino came
in as manager and closed it and washed his hands of it, and that's why
we are here.
HEARING EXAMINER DICKMAN: Okay.
MS. MESSINA: It never should have been permitted.
HEARING EXAMINER DICKMAN: Thank you very much.
MS. MESSINA: Thank you.
HEARING EXAMINER DICKMAN: Next speaker, please.
MS. RAY: Leah Ray.
HEARING EXAMINER DICKMAN: Ms. Ray.
THE COURT REPORTER: I need to swear her in.
MS. RAY: I didn't do this part because I didn't know I was
talking.
THE COURT REPORTER: Do you swear or affirm the
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testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. RAY: I didn't hear most of that -- yes.
THE COURT REPORTER: Do you swear or affirm the
testimony you will give will be the truth, the whole truth, and nothing
but the truth?
MS. RAY: Yes, I do. Yes.
HEARING EXAMINER DICKMAN: All right.
MS. RAY: Hi. I'm Leah Ray.
Okay. Let me get my thoughts together. I've lived in this
neighborhood for about nine years.
HEARING EXAMINER DICKMAN: Okay.
MS. RAY: And I guess, after COVID and the traffic on
Immokalee and Livingston just got really bad -- and I'm sure
everybody knows -- trying to leave my neighborhood at that
intersection -- we're talking Piper and Lakeland -- is just -- coming
here I almost got here three times. I almost get hit by somebody on
a daily basis. It's -- the people on Piper that are doing the
cut-through, they know they've broken the law -- I don't know if
they've broken the law -- but cut through Seed to Table on
Livingston, and then they're just going to keep on going as far down
Piper as they can before they get on Immokalee Road.
So -- it's -- my daughters borrowed my car when they were in
town, and I said one hand -- sorry about the honking -- one hand on
the brake [sic] and one hand on the horn, because somebody is going
to blow through there. They're not going to acknowledge that you're
there.
Another impact on this intersection is -- I'm real involved in that
big steeple church on Immokalee Road, Vanderbilt Presbyterian.
And we were bagging food for homeless people, and somebody said,
Thank God we've got that cut-through at Seed to Table."
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And I went, "What are you ladies talking about?"
They live in some of the neighborhoods that are further north on
Livingston, and that's their favorite way to cut through to get to
church, and leaving.
HEARING EXAMINER DICKMAN: So let me just stop you
for a minute on that one. So I want to -- I want to understand now.
So I think what you're telling me is that a good little cut-through of
not having to go, basically, through the intersection of Immokalee
and Livingston is basically to take Piper, go through the parking lot,
go out onto Livingston, come back, do a U-turn, and go north? Is
that essentially what you're saying?
MS. RAY: Go back and do a U-turn?
HEARING EXAMINER DICKMAN: I think that's what --
MS. RAY: I know that's how they're getting to the church.
I'm not sure -- I don't think they can get back that way because you
can't go north on Livingston.
HEARING EXAMINER DICKMAN: I understand what
you're saying. Thank you.
MS. RAY: I was headed to a meeting the other night about
6:30, and I needed to get through this intersection, and I went, "I'm
never going to get out on Immokalee Road here," so I chose to drive
down to where Airport and Piper run in, and there was cars all the
way down. It was tons of people avoiding Immokalee and
Livingston, and they're literally going to Seed to Table and
popping -- they're saving 20 minutes of sitting in stopped traffic.
I put some things on the Nextdoor app and got persecuted by
people that have kids that go to the schools up Livingston. They
said, "You can't -- you better not close that thing up. That's" -- I
guess it's how they come home, because they can't go north there.
But they're saying, "We need that cut-through. You can't do that."
A lot of my neighbors that have middle-schoolers say, "I need that. I
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Page 31
need to have that."
But I was in an Uber the other day, and he tried to do the
cut-through at Seed to -- I was coming from Bonita Springs to come
home, and said no.
And he goes, "I know a way," and he literally brought me home
through the Seed to Table parking lot.
So everybody's using it. I mean, it's -- I don't know. I
wish -- we should have some video for you folks, but it is seriously
bad. Come check it out about 4:30, 5:00, and you will see hundreds
of cars going, "That's my cut-through. I'm using that."
If we had a gate, a real gate, it would stop the cut-through
traffic, and let Alfie Oakes have his employee parking lot. They
don't need to exit on Piper. So --
One other thing, I was -- again, I've got business I do up in
Bonita Springs. I went, "I just want to see. Did they put a clicker in
so we see how much traffic is going? Did they put a sign up?"
Because we've already had one little meeting at Collier park,
whatever -- what's the water park called there?
MR. BOSI: North Regional.
MS. RAY: Okay, Regional park. I lost my train of
thought -- what I was doing at the --
HEARING EXAMINER DICKMAN: You were -- I think you
were alluding to whether they did any traffic --
MS. RAY: Oh, that's right. Thank you.
HEARING EXAMINER DICKMAN: -- traffic counts.
MS. RAY: So we've got -- there's going to be a sign, there was
going to be a counter, and there was going to be some deputy sheriff
presence.
So twice I've come home that way, illegally doing it. I just
wanted to see if anything had happened, and that's when we saw the
sign announcing this meeting. We did not get an e-mail or a letter
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Page 32
like we were promised. We filled out a sheet of paper saying you've
got to let us know. So the people that are getting informed are on
the other side of Livingston, and they don't even know what's going
on.
HEARING EXAMINER DICKMAN: Okay.
MS. RAY: Have you got any questions of me?
HEARING EXAMINER DICKMAN: No.
MS. RAY: I'm the same way. This is an emotional thing.
HEARING EXAMINER DICKMAN: I can tell.
MS. RAY: It's dangerous. It is dangerous.
HEARING EXAMINER DICKMAN: I can tell.
All right. Thank you. Everything you have expressed has
been helpful to me. Thank you.
Who else do we have?
MR. SUMMERS: That's all, sir.
HEARING EXAMINER DICKMAN: That's everybody.
Okay. There are more people in the room. I guess they don't want
to...
All right. I have a couple questions. Is the applicant still here?
Come on up.
We're going to have to address a few things. I need clarity.
And this is going to involve the county as well here.
First of all, be patient. What is this contract that I'm hearing
about? Do you have any idea? Does anybody have any idea what
the reference to a contract is?
MR. BOSI: I would assume that when -- the arrangement for
Alfie Oakes and Seed to Table to utilize the county property, that
there was also a contract that was established between the two parties
aside from the PUD. It's not a -- it's not an attachment to the PUD.
It's a contract for the utilization of county property. That's what I
can imagine.
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Page 33
MR. LASCANO: Yeah. There was a lease agreement.
Basically it was Alfie Oakes/Seed to Table would pay for the
construction of the parking lot and for the use, but technically it's
owned by Collier County, so he is leasing it back from Collier
County.
HEARING EXAMINER DICKMAN: The entire property --
MR. LASCANO: Yes.
HEARING EXAMINER DICKMAN: -- on --
MR. LASCANO: So basically the entire property is an FPL
easement, but it's owned by Collier County. So Alfie paid for the
entire construction of the parking lot, and then he -- but also now he
leases it back from Collier County. I think it's a 99-year lease.
HEARING EXAMINER DICKMAN: Okay. That makes
sense to me now.
All right. Have there been any traffic analyses done on the
impact of the intersection of Piper and Lakeland, any analysis here?
MR. LASCANO: So Jim Banks is the transportation engineer
that did this. I spoke to him today; he couldn't attend. But he told
me that when we did the PUD, he was -- he met with staff, and he
was told to -- the main intersection was Livingston, and the Seed to
Table parking lot he had to analyze, but the Piper is also what he
analyzed, but he did not extend it to that Lakeland intersection.
HEARING EXAMINER DICKMAN: So right now, as we sit,
we don't have any current -- one second. Everybody wants to
interrupt me today. I guess -- I don't know. Maybe I'm translucent.
Right now, as we sit here, the gate's down. The gate has gone
down a couple times. You said that yourself.
MR. LASCANO: (Nods head.)
HEARING EXAMINER DICKMAN: We do not have any
current data and analysis on what's happening because of that -- the
impact on the intersection at Lakeland and Piper.
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Page 34
MR. LASCANO: So the property is a private property, and
there's basically three tenants that can use it: CAT bus, FP&L, and
the Seed to Table employees. It is not meant for a cut-through. So
when he did his analysis, it's not designed for a cut-through and for
people at Willoughby Acres to use that as a cut-through. So that's
why he did not -- and he met with staff, and that's how they wanted
him to analyze the Traffic Impact Statement.
HEARING EXAMINER DICKMAN: Okay. So you said
something that's important to me. So this -- the gate is also -- the
employees, it's permissible for them to go through the gate?
MR. LASCANO: No.
HEARING EXAMINER DICKMAN: Well, you just said so.
MR. LASCANO: Not the gate. The property itself has three
tenants.
HEARING EXAMINER DICKMAN: But their -- the
employees, their ingress and egress is only through that entrance --
MR. LASCANO: Livingston.
HEARING EXAMINER DICKMAN: -- up where the -- on
Livingston, right --
MR. LASCANO: Correct.
HEARING EXAMINER DICKMAN: -- where the CAT bus
station is and the parking is and all that?
MR. LASCANO: Correct.
HEARING EXAMINER DICKMAN: Okay.
MR. LASCANO: So they're strictly Livingston ingress and
egress. But FP&L, the CAT bus -- so CAT bus enters from the
south -- Piper's where the gate is -- and then they exit on Livingston
and continue their route.
FP&L really only uses it -- they have a little station right there.
They only use the south end. They don't really -- but they have
access because they have poles and stuff they have to maintain.
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HEARING EXAMINER DICKMAN: Okay. So with regard
to the -- maybe I'm going to direct this to both, maybe to the county
first and then to you. But I'm just curious, like, when these gates go
down, first of all, who's taking them down? And, No. 2, wouldn't
that be a code enforcement problem, and has anybody engaged Code
Enforcement?
MR. BOSI: I don't believe the county has documentation of
who is taking the gates down it. But there is a -- there is a
requirement within the existing PUD that this entrance be gated, so it
is a code enforcement issue. And I think there was a code
enforcement case once that was dismissed, and then there was
another one that is --
HEARING EXAMINER DICKMAN: Is there currently a
pending code enforcement action against them?
MR. SAMMON: Yes. For the record, Sean Sammon.
The code case that's opened is a continuation from one that was
closed.
HEARING EXAMINER DICKMAN: Can you just give me
that number?
MR. SAMMON: Yeah. It's CELU20230002442.
HEARING EXAMINER DICKMAN: Two two --
MR. SAMMON: 2442.
HEARING EXAMINER DICKMAN: Got it. Now -- okay.
So right now, as we speak, the gate is down. It's not attached. It's
not working. There's nothing working. I drove through it myself,
okay. So they're in violation of the PUD. I mean, black-and-white
violation.
So that code case, who is that directed to? I mean, who did
they serve -- who is it -- is that a violation served on Seed to Table?
They're the ones that are responsible for keeping that gate up? Do
we know? I mean, this is the Seed to Table PUD, right? Like, I
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mean, that's their employee, so this is an offsite -- let's face it, like,
what happened here was that they have a big supermarket, not
enough parking spaces, so they have an offsite parking place
negotiated with the county for their employees. I get it. The
parking lot was full. It's always full. It's a tricky -- it's a tricky
place traffic-wise.
MR. BOSI: The case would be against Seed to Table.
HEARING EXAMINER DICKMAN: Seed to Table. That's
what I wanted to know. Even though it's in -- because they're the
leaseholder -- they're the leaseholder of the property even though it's
owned -- I get it. Okay. So the code enforcement case is currently
pending before somebody.
All right. Frustrating.
Have you thought of any other solutions to this? I
mean -- because you're saying, like, it's really FP&L and the -- and
the bus, they need to get through there. They have the right to get
through there. That's what's allowable. And so what was it? Like,
a clicker, or how were they getting through before?
MR. LASCANO: I think there was a code or something. I
know for FP&L, they were given the code, but when their drivers and
stuff would show up, they were not given the code, so they sat there.
They're not patient. So my understanding is a lot of times they
would just break through.
As far as Seed to Table, he has no interest whether the gate is up
or down, but he's been maintaining it and, basically, he got tired of
having to continue to maintain it while people were taking it down.
But for him, his employees are only restricted to using Livingston.
It was CAT bus that came to us and asked us, because they wanted it
removed, and that's why we're here, really, is for CAT bus.
HEARING EXAMINER DICKMAN: Okay. And do you
have a -- do you understand -- do you understand some of the
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comments that are being made here by the neighborhood?
MR. LASCANO: Oh, yeah. So I have a friend that lives in
their neighborhood, and I understand the traffic there. It's been
terrible, even before the parking lot. It's a tough area to get in and
out. They only have three forms of in and out. So I understand
where they're coming from.
But the only other thing we suggested was -- I wish I had a
picture of the area. But we proposed a cut -- put a curb in one area
where you have to drive around the parking lot, and that would kind
of stop it, but CAT bus did not want to do that.
HEARING EXAMINER DICKMAN: Okay.
MR. LASCANO: So we proposed that. Then we came up
with the speed bumps. Yeah. So if you -- I mean, if you can kind
of see, when you pull in, at the bottom there's a little parking area.
HEARING EXAMINER DICKMAN: Are you talking here?
MR. LASCANO: Up, up, up.
HEARING EXAMINER DICKMAN: Up here?
MR. LASCANO: You want me -- can I go up there and show
you real quick?
So basically, they're coming up here, coming through here.
What we said is we'll cut this off. You know, kind of curve this area
here so that people have to go around here, and the CAT bus said no.
I mean, that would kind of deter and make them -- it's not such a
smooth ride.
HEARING EXAMINER DICKMAN: All right. It's actually
more hazardous.
MR. LASCANO: So when I spoke with Jim Banks, the
engineer, he told me that the easiest way to deter cut-through traffic
is speed bumps because the gate, he says, you're basically going to
have the same issue. People are going to continue to knock that
thing down.
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HEARING EXAMINER DICKMAN: All right. So let me ask
you another question, if you can answer this. On this parcel to
the -- to the south, it says, "Parcel U, utility site," is that -- is
something going to be developed there, built there? Is something
planned right now that you know about?
MR. LASCANO: I don't -- county -- it's a county property for
utilities.
HEARING EXAMINER DICKMAN: Do we know about
anything being planned there?
MR. SAMMON: No.
HEARING EXAMINER DICKMAN: And then on the other
side is a pump station, so it's being used as a pump station.
MR. LASCANO: Correct.
HEARING EXAMINER DICKMAN: Okay. Oh, my God. I
can only imagine when this whole PUD was done that this was a
complicated scenario.
So traditionally -- traditionally a property owner, a proprietor of
a supermarket with an out-parcel, Dunkin' Donuts, would be required
to keep all of their parking on site. Am I wrong or right about that?
Traditionally. Not you. County planning.
MR. BOSI: Yes, correct.
HEARING EXAMINER DICKMAN: Yes. That is the
traditional way of going about doing things. That, you know, people
have to have -- it's a mathematical formula. You know, the square
feet, you know, you guys know what the uses are, and, you know,
how much traffic they attract, and this is kind of like trying to fit, you
know, a square into a circle. And so --
MR. LASCANO: So.
HEARING EXAMINER DICKMAN: (Indicating) I'm just
saying that this has all started because of that. Somebody said yes to
that. Somebody said, "Here's this use." Maybe it's being overused.
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I don't know. But it's causing a lot -- I mean, I saw at least 100 -- at
least 100 cars parked in the employee parking lot. And I find it hard
to believe that there's a hundred people working in that supermarket.
But maybe. Maybe it's true. I don't know. And the parking lot
wasn't even full. I mean, it's two-thirds full.
So this is a mess that I did not create, but I guess I'm going to
have to figure out a way to solve this problem.
MR. LASCANO: So the Seed to Table is designed to -- per
county code, parking, it has enough. So we did the tenant
improvement for him, but when we started to do the tenant
improvement, talking to him, he said, "I'm going to be having about
120, 100-some-odd" --
HEARING EXAMINER DICKMAN: Why? Why? Wait,
wait, wait. You just said -- you just said that he met his parking
requirements when he opened --
MR. LASCANO: Correct.
HEARING EXAMINER DICKMAN: -- on site, but he wanted
more. Why?
MR. LASCANO: No, no. So as a grocery store, you
would -- for parking calculations, there's a formula. I think it might
be one per hundred. I don't know what it is. But as far as parking is
as a grocery store, he meets that requirement. But when we spoke to
him, he said, "I'm probably going to have about 100 employees."
So we were trying to explain to him, you're going to nix a lot of
that parking. So that's when they came up and discussed with
Collier County about creating a parking lot --
HEARING EXAMINER DICKMAN: Let me stop you.
MR. LASCANO: -- for the employees.
HEARING EXAMINER DICKMAN: So I'm going to ask the
county this question. When you're doing the calculations, the
mathematical calculations, do you or do you not include employees
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as well as customers?
MR. BOSI: You include employees at a specific ratio and a
different ratio for your customers. But yes, they're all included
within the requirements for your on-site parking.
HEARING EXAMINER DICKMAN: Okay. All right. So
this is just an add-on.
MR. LASCANO: I think it's per square feet, to be quite honest,
and then you can break it down.
HEARING EXAMINER DICKMAN: So what we're
saying -- he's saying that they -- he's sufficient -- that the supermarket
and the Dunkin' Donuts has sufficient parking for its employees and
customers, right?
MR. BOSI: Correct.
HEARING EXAMINER DICKMAN: In your expert --
MR. BOSI: And the county agrees with that. And I'll give you
a little context.
HEARING EXAMINER DICKMAN: Please.
MR. BOSI: So when this was originally developed, the whole
idea of why he needed the additional parking is because he is making
fresh salsa. There's a unique -- this isn't a regular supermarket.
This has a mezzanine, and it's got individual restaurants. It has --
HEARING EXAMINER DICKMAN: I've never been there,
just so you know. I don't know this.
MR. BOSI: There is a much more robust need for employees in
this restaurant compared to a --
HEARING EXAMINER DICKMAN: Okay.
MR. BOSI: -- within this supermarket compared to a
traditional Publix.
HEARING EXAMINER DICKMAN: Okay. So it's a
supermarket --
MR. LASCANO: Specialty.
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HEARING EXAMINER DICKMAN: -- plus venue. Let's not
talk over each other. I need to get this clear.
It's a venue. So other things are going on there, and you all
knew about -- the county knew about this when you -- when you
approved it, and I guess you -- you must have taken that into
consideration in the parking, right?
MR. BOSI: Correct.
HEARING EXAMINER DICKMAN: So it's not quite a
supermarket. It's a supermarket plus other stuff.
MR. BOSI: Correct. And I mean, Publix has places where
you can eat in their -- at their deli. It's that on steroids.
HEARING EXAMINER DICKMAN: Right. On steroids,
okay. But still, it's math. It's mathematical.
MR. BOSI: Yes, it is.
HEARING EXAMINER DICKMAN: This is, like -- your
traffic analysis and parking calculations are all mathematical. And
so what I'm getting at is this is -- this is a problem being put in my
lap, and it started somewhere else, you know, when this
venue/supermarket was approved. And, again, I don't know this
because I've never been there. I don't know what it's like. I
don't -- I just know that when I drive by, the parking lot is always
full. So they're doing something right because people want to be
there. That's all I can say.
Okay. So we have a difficult situation. Traffic is interesting
because when there's a -- when there's -- that intersection is probably
failing, maybe, at certain times as far as its level of service, because I
image the backup is incredible. So just like water and gravity, you
know, people are going to go try to find things to get around, right?
MR. LASCANO: Uh-huh.
HEARING EXAMINER DICKMAN: Like the Uber. She
mentioned the Uber driver even knew about it. And so it's only
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going to get worse. I don't -- I can't imagine speed bumps are going
to change anything, you know.
MR. LASCANO: I mean --
HEARING EXAMINER DICKMAN: I mean, it will annoy a
few people, but it's not going to stop that.
MR. LASCANO: You could put the gate up. It will continue
to get put down.
HEARING EXAMINER DICKMAN: But the Code
Enforcement will have to eventually be dealt with, right?
MR. LASCANO: But it wasn't just -- like, Seed to Table -- it
was CAT bus that came to us to ask us to remove this, put it in the
PUD. It's been -- it's been an issue for them.
HEARING EXAMINER DICKMAN: Because they can't get
through it?
MR. LASCANO: Correct. I guess there's issues where
sometimes the gate doesn't work; and they get [sic] through. And
they're saying that their routes are missing their times. I mean, you
would -- I think we have an e-mail from CAT bus. But that's how
we got here as far as the gate's concerned.
HEARING EXAMINER DICKMAN: All right. Yeah. So I
know part of this is going -- part of this analysis -- so you know what
my criteria is, right? So, again, you know, I told you -- I told
everybody this at the very beginning. You know, my job is to look
for competent substantial evidence as applied to the criteria that's in
the code for making these insubstantial adjustments. Now, if it was
a substantial adjustment, it would go to somebody else, the Planning
Commission, right?
So I'm just a little guy in this whole thing, so they just send little
things to me, minor things. But at the same time, I have to look at
the criteria, and I guarantee you part of this evaluation is going to be
Does it have impacts on surrounding property owners?" Almost
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every criteria does when there's a change. I mean, I've been in this
business long enough. I've got a master's in planning. I'm also a
lawyer. I know how this whole thing works.
So I'm hearing a lot of testimony from people that live in the
neighborhood that are saying they're impacted dramatically by this.
And so what I'm hearing from you is that the transportation authority,
or whatever it is that runs the CAT system, just can't get their ducks
in a row so that their drivers can't get through the gate, so somebody
smashes through it or takes it down, or FP&L can't get their ducks in
a row and provide some kind of -- it just -- it seems like a simple
solution that people have to know, like, if there's a gate here, and if
we're going to use it, we've got to provide our drivers with access to
open and shut it, right?
Because I guarantee you after a month or two when that
substantial gate is there and no one can get through, people's -- just
behavior, human behavior, they will stop using that as a cut-through.
MR. LASCANO: The cut-through is also benefiting
Willoughby Acres. So you do have people here that disagree and
want the county to stop traffic, but you also have a substantial
amount of residents using that cut-through.
HEARING EXAMINER DICKMAN: All right. First of all,
nobody has said that, personally, except for you and someone else.
Like I said, I heard it said, but it's secondhand. There's nobody here
saying, "Yes, do this. I want this to happen because it's going to
help our neighborhood." There's nobody here doing that. So that's
not -- there's no substantial competent evidence for me to be able to
say, "Hey, this is going to benefit the neighborhood," you know,
except for -- I get it. You know, one of the neighbors did say, like,
Oh, don't do that because it's going to interfere with my dropping off
my middle school child," so I get that, too.
But I'm concerned about the fact that there hasn't been any
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analysis or any attempt to get any hard data on what's going on at the
intersection of Lakeland and Piper, you know what I mean?
Because that's a dangerous situation. And if I rule, like, "Go ahead,
open the gates, open the flood gates, you know, no problem, you
know, it's all permitted," and then someone gets hurt there, you know
how bad I'm going to feel.
MR. LASCANO: I understand. I can tell you, though, prior to
this development, those three intersections on Piper have been an
issue. Immokalee Road has been failing for a while. So I
understand the gate doesn't help -- you know, removing the gate
doesn't help the situation, but that situation, whether the gate's there
or not, they're always going to have a situation there. The bridge
crossing where you -- where she's basically said you have three cars
and then they're backed up --
HEARING EXAMINER DICKMAN: They're stacked up.
MR. LASCANO: Yeah, so it's -- basically there's three times
of the day.
HEARING EXAMINER DICKMAN: Right.
MR. LASCANO: And it's always going to be that issue, so...
HEARING EXAMINER DICKMAN: So that is a -- it's
supposed to be -- in that -- in the planning world, I think -- correct me
if I'm wrong, because you guys are actually doing it. I used to do
it -- I believe that's considered an access road, right? So -- to get
people off of the main arterial and get them onto an access road
where they can filter into the neighborhood, right? That's the
thought process.
MR. BOSI: A frontage road, yes.
HEARING EXAMINER DICKMAN: Yes, exactly.
And you've got several of those in the county. The county does
it on a lot of places which gets people off the main thoroughfare, and
it's a smart -- from a transportation point of view, it's a smart way of
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doing it. But what's happening is that traffic is getting so bad on
Immokalee and Livingston that those, you know, sort access roads
are turning into major arterials, and everything's backing up.
MR. LASCANO: I agree.
HEARING EXAMINER DICKMAN: And I'm just really
worried about contributing to that. This is -- this is going to be a
really tough one, and I'm sorry if I offended anybody. I don't -- I
didn't mean to, but I'm just aggravated that this is falling into my lap
because someone made a decision wherever they made a decision
about this grocery store/venue which is seriously unique, I guess,
because it's -- I wouldn't call it Publix. Yes, they have a -- they have
a little dining thing, but they don't have what I'm hearing they have at
this place. I mean, not the least of which there's a Dunkin' Donuts
there, and everybody loves Donuts -- Dunkin' Donuts. At least in
my neighborhood they do. So that can't be helping things.
All right. Anything else?
MR. LASCANO: No, I think we're fine.
HEARING EXAMINER DICKMAN: All right.
MR. LASCANO: Thank you.
HEARING EXAMINER DICKMAN: You're welcome.
Thank you. Thank you for being here. I don't mean to sound overly
annoyed about this, but I am a little bit, because this is not really the
way things are supposed to be set up, and I think everybody knows
that. But it is set up that way. It's that way, and this is a -- this is
the choice that -- the situation that I have to do. I have to weigh the
evidence that I'm hearing here today. The competent substantial
evidence comes from the county, county planners, you. I can listen
to the neighbors because they have layperson testimony. They
have -- they have real fact-based testimony. I have to sort out what
part of it is emotional and not fact-based. But there was a lot of
fact-based layperson testimony from people that live in the
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Page 46
neighborhood that I think I can consider, and I will consider. So
thanks.
MR. LASCANO: All right. Thank you.
HEARING EXAMINER DICKMAN: And somebody put you
in a difficult situation today.
MR. LASCANO: It's all right. Thank you.
HEARING EXAMINER DICKMAN: All right. With regard
to the notice, everybody, this is not something to be, you know,
pointing fingers at the county for, honestly, because radius notices are
mathematical. They're set up by -- and sometimes they fail because
of the configuration of the property, right? And some people don't
fall in the radius; some people do. And if -- you know, there was a
neighborhood information meeting. There are signs out. We're
having this meeting. I believe that there are -- you know, typically
the county does its best to reply to people when -- I know this for a
fact. I've been here for several years, and I know the county does try
to reply when they can, but they're not obligated to do that.
So in my opinion, I believe that the minimum -- that the
minimum requirement for due process has been exceeded. I think it
has been exceeded. I know people feel like they should have been
contacted personally. But as far as notice, I'm not worried about
that.
But I am -- this is a challenging decision to make. I'm going to
ask the county if they have anything else because we talked about a
lot of stuff, and you guys provided me with some extra information
about the lease and how this -- how -- historically how this came to
be, so now I have a better understanding of how it happened, and so
thank you for that. If you have anything else you want to say...
MR. BOSI: Mike Bosi, Planning and Zoning director.
Just to call it out, Attachment D attached to the staff report is the
correspondence from a representative of the CAT system. He
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indicated that they attended the pre-application meeting and indicated
that they do want the gate removed where -- they said, anecdotally,
They've had multiple occurrences where the gate being closed
interferes with our routes and causes delays because we are unable to
pass through and service our bus stop. We've spoken with Seed to
Table representatives, FPL staff, as well as Code Enforcement on the
gate issue. There have been occurrences" -- and I don't know if this
is factual. "There have been occurrences of nearby residents coming
to lock the gate, when it was a cattle fence, and powering off the gate
when it was switched to an electric gate."
HEARING EXAMINER DICKMAN: Okay. I did see that.
And I did see there's a couple versions of the gate off to the side
over there. When I went out there and looked at it, it looked like
they'd just kind of try different types of gates, and then they'd throw
them off to the side.
So it looks like it's a frustrating situation for a lot of people, and
this is what I'm here for. I'm not so sure this is insubstantial, though.
It feels pretty substantial to me. But I get it. I think it fits the
definition of insubstantial, and I'll deal with it.
Thank you, everyone. I appreciate the neighbors for coming
out. I know you-all did a really good job of expressing to me what I
needed to hear, so thank you for doing that; I appreciate it.
And if you -- I guess what I would like is to make sure that
there's somebody -- if you -- if the folks that spoke here, if you would
provide an e-mail to Sean.
MS. BAMMEL: We did.
HEARING EXAMINER DICKMAN: All right. Good.
Great. Because I would want you to get a copy of the decision that I
make, because you're not entitled to get it, but I think you -- you
know, I think it's fair to --
Sean, is that something we can do is provide them that?
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MR. SAMMON: Oh, absolutely.
HEARING EXAMINER DICKMAN: They took the time to
come here --
MR. SAMMON: Sure, yep.
HEARING EXAMINER DICKMAN: -- so I think it's fair to
give them a copy of the written decision when I make it.
MR. SAMMON: When you make the decision, I'll forward it
over to them.
HEARING EXAMINER DICKMAN: Thank you, Sean. I
appreciate that.
Okay. Was anybody else signed up? Nobody else? Nobody
online?
MR. SUMMERS: (Shakes head.)
HEARING EXAMINER DICKMAN: Okay. I think that this
is done. We'll close this. And I'll get a decision out as soon as I
can.
MS. MESSINA: Thank you for your time.
HEARING EXAMINER DICKMAN: Thank you, everyone.
Do we have anything else to talk about today?
MR. BOSI: Nothing from the county's standpoint.
HEARING EXAMINER DICKMAN: All right, thanks. So
the meeting's adjourned. It's 2:17 p.m.
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There being no further business for the good of the County,
the meeting was adjourned by order of the Hearing Examiner
at 2:17 p.m.
COLLIER COUNTY HEARING EXAMINER
ANDREW DICKMAN, HEARING EXAMINER
These minutes approved by the Hearing Examiner on 2/13/25, as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING, BY TERRI L. LEWIS, REGISTERED
PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.
Page 94 of 2218
Attachment C- Staff Report and
Backup
Page 95 of 2218
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: Applicant and Agent:
Collier County Transportation ROW Randy Johns
3299 Tamiami Trail East Phoenix Assoc. of Florida, Inc.
Naples, FL 34112 13180 Livingston Road
Naples, FL 34109
REQUESTED ACTION:
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 ±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. (See location map on
page 2).
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PDI-PL20230010739, Seed to Table CPUD Page 2 of 13
December 31, 2024
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PDI-PL20230010739, Seed to Table CPUD Page 3 of 13
December 31, 2024
PURPOSE/DESCRIPTION OF PROJECT:
The governing document for the Seed to Table CPUD, Ordinance 18-49, 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. 18-49 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
of the 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, I can – that is – that paragraph that he added was 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 bus only coming in as an entry, not an exit. (Page 4 of 38.)
Mr. Mulhere: “Piper Boulevard access to the parking area will be controlled with a
gate system, Only CAT vehicles, county utility vehicles, FPL utility vehicles, and
emergency vehicles will be able to access the parking area through Tract U” (Page 5
of 38.)
Mr. Mulhere: “There’s no access for any users of this parking area. There is no access
through Piper. That’s prohibited. That will be controlled fate. That can only be utilized
with control, a gate, for – as the PUD says, for … FP&L, county utilities, 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 improvements to the parking facility. If –
and so the access is limited to only county and FP&L vehicles and, of course, the CAT
bus.” (Page 101.)
Mr. Mulhere: “The site – that site off of Piper will be gated allowing only appropriate
vehicles to enter.” (Page 102.)
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PDI-PL20230010739, Seed to Table CPUD Page 4 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 current gate access status. Date of photo: August 2024; Source: Google Earth
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.
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PDI-PL20230010739, Seed to Table CPUD Page 5 of 13
December 31, 2024
Aerial photo displaying the current traffic flow between Immokalee RD, Lakeland AVE, Piper BLVD, Livingston
RD, and the parking lot. The Red X depicts the location of the gate. However, the 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.
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PDI-PL20230010739, Seed to Table CPUD Page 6 of 13
December 31, 2024
The gate removal is adequate because it will provide operations efficiency for the CAT Bus and
FP&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
Subject Property Zoning Map; Source: Collier County GIS, ESRI
SEED TO TABLE
ESTABLISHMENT
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December 31, 2024 SUBJECT PROPERTY Base Zoning Map; Source: Collier County GIS, ESRIPage 102 of 2218
PDI-PL20230010739, Seed to Table CPUD Page 8 of 13
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.
Transportation 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 from 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 will 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.
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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 surround the parking lot areas with 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 Review: Not applicable.
Conservation Coastal Management Element (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.
Environmental Review: 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.
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PDI-PL20230010739, Seed to Table CPUD Page 10 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
LDC subsection 10.02.13 E.1. The LDC Sections 10.02.13.E.1 and 10.02.13.E.2 set forth the
criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a
PUD document are to be reviewed before they can be approved. The criteria and a response to
each have been listed as follows:
LDC Section 10.02.13.E.1:
a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)?
No, there is no proposed change in the boundary of the PUD.
b. Is there a proposed increase in the total number of dwelling units, 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.
e. Is there a substantial increase in the impacts of the development, which may include,
but are not limited to, increases in traffic generation, changes in traffic circulation, or
impacts on other public facilities?
No, there are no substantial impacts resulting from this amendment. 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
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PDI-PL20230010739, Seed to Table CPUD Page 11 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 Land Use Element or other
elements of the Growth Management Plan or which modification would increase the
density of intensity of the permitted land uses?
No, Comprehensive Planning staff determined that Ord. 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. § 380.06, where such change requires a
determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any
change that meets the criterion of F.S. §380.06(19)(e)2, and any changes to a DRI/PUD
master plan that clearly 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.
k. Any modification in the PUD master plan or PUD document or amendment to a PUD
ordinance which impact(s) any consideration deemed to be a substantial modification as
described under this LDC section 10.02.13.
No, the parking lot is designed for private use only. Additionally, this petition will remove
The gate from the master plan. While this is not a substantial modification as described in
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PDI-PL20230010739, Seed to Table CPUD Page 12 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. An insubstantial change
includes any change that is not considered a substantial or minor change. An insubstantial
change to an approved PUD Ordinance shall be based upon an evaluation of LDC
subsection 10.02.13 E.1:
The petition 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:
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PDI-PL20230010739, Seed to Table CPUD Page 13 of 13
December 31, 2024
Attachments:
Attachment A – Backup Package
Attachment B – CCPC Minutes 8-16-18
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
Page 108 of 2218
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
HEARING PACKAGE CHECKLIST Return this form with printed materials
A. Backup provided by the County Planner
The Planner is responsible for all required data included in the printed packets of information for the Hearing
Examiner (Hex) or the Collier County Planning Commission (CCPC). DO NOT ACCEPT DUPLICATES OF ANY
DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION.
PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN “BACKUP PROVIDED BY APPLICANT.”
Planner responsible for providing the County Attorney-drafted Ordinance for PUDs and placing in backup
materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT – STAFF PROVIDES THIS TO THE COUNTY ATTORNEY
WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM
AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE
STAFF REPORT]
B. Backup provided by Applicant:
PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY
DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE
BACKUP PROVIDED BY APPLICANT IS IN DISARRAY-MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE
APPLICANT PROVIDES MULTIPLE DUPLICATES-THE APPLICANT COULD LOSE ITS HEARING DATE.
____ Application, to include but not limited to the following:
____ Narrative of request
____ Property Information
____ Property Ownership Disclosure Form
____ Any other documents required by the specific petition type; such as a variance, a boat
dock extension; PUD amendment, rezone request, etc.
____ Disclosure of Property Ownership Interest (if there is additional documentation aside from
disclosure form)
____ Affidavit of Unified Control
____ Affidavit of Representation
____ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
____ NIM Information (Sign in sheet, notes, minutes and transcript/or summary)
✓ Include 3 thumbnail drives of video and/or audio
____ Traffic Impact Study (TIS)
____ Environmental Data
____ Historical/Archeological Survey or Waiver
____ Utility Letter
____ Deviation Justifications
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FW: PDI-PL20230010739 - Seed to Table
Michael Bosi <Michael.Bosi@colliercountyfl.gov>
Mon 8/12/2024 7:49 AM
To: Kira Orangio <Kpickett@phoenix-associates.com>
Kira,
Please see the below message for Ed Finn, the Assistant County Manager.
Thanks,
mike
Michael Bosi AICP
Division Director - Planning & Zoning
Zoning
Office:239-252-1061
Mobile:239-877-0705
2800 North Horseshoe drive
Naples, Florida 34104
Michael.Bosi@colliercountyfl.gov
From: Ed Finn <Ed.Finn@colliercountyfl.gov>
Sent: Friday, August 9, 2024 6:38 PM
To: Michael Bosi <Michael.Bosi@colliercountyfl.gov>; Heidi Ashton <Heidi.Ashton@colliercountyfl.gov>
Cc: James French <James.French@colliercountyfl.gov>
Subject: RE: PDI-PL20230010739 - Seed to Table
Mike/Heidi,
Please consider this email as Evidence of Consent by Owner, Collier County, for Phoenix and Associates to submit an applica on to amend the Seed to Table PUD to
remove the gate requirement on the western parking lot.
Advise if there are any ques ons.
Ed Finn
Deputy County Manager
Collier County, Florida
Ed Finn
Deputy County Manager
Office:239-252-8988
3335 Tamiami Trail East, Suite 101
Naples, FL 34112
Ed.Finn@colliercountyfl.gov
From: Michael Bosi <Michael.Bosi@colliercountyfl.gov>
Sent: Friday, August 9, 2024 4:58 PM
To: James French <James.French@colliercountyfl.gov>; Ed Finn <Ed.Finn@colliercountyfl.gov>
Subject: RE: PDI-PL20230010739 - Seed to Table
Ed,
I spoke with Jamie, and he indicated that you could sign off to address the below comment from the County Attorney’s Office. An email expressing consent to the
PDI application to move forward would be sufficient.
Thanks, and have a great weekend,
mike
Rejected Review: County Attorney Review
Reviewed By: Heidi Ashton-Cicko
Email: heidi.ashton@colliercountyfl.gov Phone #: (239) 252-8773
Correction Comment 1: Miscellaneous Corrections: Please provide evidence of consent to the petition by owner Collier County. UPDATE: A Property
Ownership Disclosure is not a consent to the PDI request to remove the gate access on County property. Please obtain consent from the County
Page 145 of 2218
Folio Number: 00162960004
Name: COLLIER CNTY
Street# & Name: 15395 LIVINGSTON
RD
Build# / Unit#: 070 / 0
Legal Description: 24 48 25 E1/2 OF
SE1/4 OF SE1/4, LESS R/W & LESS
PUMP STA SITE 1.03 DESC IN OR
1682 PG 1093, LESS OR 1837 PG
558,
2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date
information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation.
Page 146 of 2218
PHOENIX ASSOCIATES OF SOUTHWEST FLORIDA, INC. Design Build General Contractor CGC1525327 | www.Phoenix-Associates.com 13180 LIVINGSTON RD. SUITE 206
NAPLES, FLORIDA 34109
PH 239-596-9111 - FAX 239-596-2637
November 20, 2024 To: Collier County Development Services From: Kira Orangio & Chris Lascano RE: Seed to Table Parking PDI-Neighborhood Information Meeting Summary Phoenix Associates conducted a Neighborhood Information Meeting regarding Seed to Table Parking PDI on Tuesday, November 19th at 5:30 PM. The meeting was held at North Collier Regional Park, Exhibit Room A, located at 15000 Livingston Rd, Naples, FL 34109. There were 10 in-person attendees from the public who signed in. Attached to this letter is the sign-in sheet from the meeting and the PowerPoint Presentation utilized at the meeting. The list of individuals below, associated with the project, participated in the meeting: -Kira Orangio, Phoenix Associates -Chris Lascano, Phoenix Associates -Steve Bracci, Attorney for Oakes Farm -Sean Sammon, Collier County Chris Lascano, Agent for the Applicant, began the presentation at approximately 5:30 PM and gave an overview of the proposed change. During the presentation, attendees asked questions and gave comments. The following list is a summary of the concerns: -Several residents from Willoughby Acres questioned why the attendees did not receive notice of the NIM. We explained that it is only sent to the residents who are within 500’ of the project. -Two residents from Willoughby Acres have requested an updated traffic impact statement. We explained that the TIS would not change since it doesn’t account for people using the parking lot illegally. They would like to have a trip count report done. -All of the Willoughby Acres residents expressed concerns about the danger caused by people who are using the parking lot as a cut-through. We explained that we intend on installing 3 speed bumps/ speed tables, posting “No Trespassing/ Private Property” signage and requesting police presence to monitor and issue citations. One resident who lives on Piper expressed wanting speed bumps down the entire length of Piper Blvd. -The residents of Willoughby Acres would like to have a better gate installed along with a guard at the gate. We explained that FPL & CAT busses are not in favor of a new gate, but that their request is acknowledged. Page 147 of 2218
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NEIGHBORHOOD
INFORMATION MEETING
FOR
SEED TO TABLE PARKING
PDI-PL20230010739
Page 150 of 2218
Objective:
Seed to Table CPUD
Remove the following sentence “The Piper
Boulevard access to the parking lot will be
controlled with a gate system”
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We understand that cut through traffic is an issue. We
propose the following:
-Add three speed bumps/ speed tables
-Post “No Trespassing/ Private Property” signage
-Request police presence
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THANK YOU
Phoenix Associates
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Created: 2023-08-31 09:40:25 [EST]
(Supp. No. 27)
Page 1 of 1
Collier County LDC 10.02.13.E
a. A proposed change in the boundary of the PUD; - No
b. A proposed increase in the total number of dwelling units or intensity of land use or height of
buildings within the development; - No
c. A proposed decrease in preservation, conservation, recreation or open space areas within the
development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in
area; - No
d. A proposed increase in the size of areas used for nonresidential uses, to include institutional,
commercial and industrial land uses (excluding preservation, conservation or open spaces), or a
proposed relocation of nonresidential land uses; - No
e. A substantial increase in the impacts of the development which may include, but are not limited
to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; - No,
the parking lot is designed for private use only, signage, security cameras & traffic speed bumps to be
used to deter the general public.
f. A change that will result in land use activities that generate a higher level of vehicular traffic
based upon the Trip Generation Manual published by the Institute of Transportation Engineers; -No
g. A change that will result in a requirement for increased stormwater retention, or will otherwise
increase stormwater discharges; - No
h. A change that will bring about a relationship to an abutting land use that would be incompatible
with an adjacent land use; - No
i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance
which is inconsistent with the Future Land Use Element or other element of the Growth Management
Plan or which modification would increase the density or intensity of the permitted land uses; - No
j. The proposed change is to a PUD district designated as a development of regional impact (DRI)
and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing
by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. §
380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial
deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or
k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance
which impact(s) any consideration deemed to be a substantial modification as described under this LDC
section 10.02.13. – No, the parking lot is designed for private use only.
Page 159 of 2218
ECONOMIC DEVELOPMENT AGREEMENT
This Economic Development Agreement (hereinafter referred to as "Agreement") is
entered into this'?-4 day of _ 2018, by and between Collier County, a political
subdivision of the State of Florida, through its Board of County Commissioners (hereinafter
referred to as the "County"), and Oakes Farms, Inc., a Florida corporation (hereinafter referred to
as "Employer").
RECITALS:
WHEREAS, Collier County enjoys broad Home Rule Powers, which include the authority
to enter into agreements to enhance economic development within the County; and
WHEREAS, Florida Statute Sec. 125.045 expressly provides that"The governing body of
a county may expend public funds to attract and retain business enterprises, and the use of public
funds toward the achievement of such economic development goals constitutes a public purpose.
The provisions of this chapter which confer powers and duties on the governing body of a county,
including any powers not specifically prohibited by law which can be exercised by the governing
body of a county, must be liberally construed in order to effectively carry out the purposes of this
section;" and further that "it constitutes a public purpose to expend public funds for economic
development activities, including,but not limited to, developing or improving local infrastructure,
issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing
plants, leasing or conveying real property, and making grants to private enterprises for the
expansion of businesses existing in the community or the attraction of new businesses to the
community;" and
WHEREAS,Employer has purchased a long-vacant commercial building formerly utilized
as an Albertson's Supermarket located at 4835 Immokalee Road, Naples, Florida, on the east side
of Livingston Road; and
WHEREAS, Employer is converting this vacant building into a facility which will be a
multipurpose retail food business, as described in the Business Plan attached hereto as Exhibit A;
and
Page 1 Page 160 of 2218
WHEREAS, it is anticipated that Employer will be hiring several hundred workers for this
facility; and
WHEREAS, there is insufficient parking at the facility to handle the employee parking
needs; and
WHEREAS, Collier County is the owner of a vacant parcel across the street from the
facility, identified as Parcel No. 00162960004 on the Property Appraiser's rolls; and
WHEREAS,Collier County acquired the vacant parcel in 1990 for purposes of establishing
Livingston Road, with the remainder of the parcel being largely viewed as surplus property; and
WHEREAS,Collier County is presently unaware of single inquiry from anyone since 1990
expressing an interest in purchasing or leasing the remainder of the parcel; and
WHEREAS, Collier County is willing to lease the remainder of the parcel, located on the
west side of Livingston Road, as depicted in Exhibit B, to Employer on the terms and conditions
set forth below and in the Lease Agreement attached as Exhibit C, which terms Employer is
agreeable to; and
WHEREAS,the Board expressly finds that the opening of this facility and development of
the project will result in substantial economic benefits to the County, including but not limited to
the creation of hundreds of jobs and a net increase to the County's tax base.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged,the
Parties agree as follows:
1.The foregoing Recitals are true and correct and are incorporated by reference
herein.
2.Employer will conduct itself in a commercially reasonable manner to obtain all
development orders, permits, licenses, and otherwise meet all requirements in order to open and
operate the contemplated business.
3. Unless extended in writing for good cause by the County Manager, should
Employer fail to open the contemplated business by January 1, 2020, this Agreement will be
Page 2
Page 161 of 2218
brought back to the Board of County Commissioners for review and reconsideration, which may
include termination. Upon such termination, neither party will have any further obligation to or
claim against the other with respect to any of the matters set forth in this Agreement and the Lease.
Legal Matters
5.Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest.
6.This Agreement constitutes the entire agreement between the parties with respect
to the matters set forth herein and supersedes and takes the place of any and all previous
representations, undertakings, and agreements between the parties relating to this transaction. This
Agreement does not constitute a lien on the property, and cannot be assigned or transferred by
Employer without the prior written consent from the County. Nothing contained herein shall be
deemed or construed to create between or among any of the parties any joint venture or partnership
nor otherwise grant to one another the right, authority or power to bind any other party hereto to
any agreement whatsoever.
Remainder of Page Left Intentionally Blank
Signature Page to Follow
Page 3 Page 162 of 2218
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Attest:"
CRYSTAL K:KINZEL,CLERK.. BOARD I. COMMISSIONERSOF
y . COLLIE IDA
Ah
BY: i moaL: BY:
u. clerxAttestastoChairman's , Delp Or W McDanie,Jr.,
C airman
signatur: oris
Appro :.. 'cirform-andlegality:
jT/
1I'
Jeffrey . tzkow, County Attorney
AS TO 0 S FARMS, INC.
Signed, sealed and
Delivered in the presence of:
By:
Signature
Print ame
ature
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this 23(2..Lday ofl ' 2018,
by j—QAuji, c5 T1T ., who is personally known to me or has produced
Lt as proof of identity.
NOTARIAL SEAL] 151):1. C"1
Signature of Person Taking Acknowledgment
Kilifi E LATTIMER
MY COMMISSION#GG122296
Y,?;,•. EXPIRES July 06,2021
Page 4
Page 163 of 2218
EXHIBIT A
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Page 164 of 2218
Exhibit "A"
Business Plan for Seed to Table Immokalee Road and Livingston Road
Oakes Farms intends to employ approximately 420 people at the store.
There will be approximately 280 full time employees and 140 part-time employees.
There will be approximately 60 management positions ranging in salary from $50,000 to
100,000.
The remaining 360 employees will average $17.00 per hour.
Page 165 of 2218
EXHIBIT B
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FOLIO NO.00162960004 1, ASSOCIATES OF FLORIDA. INC. i4925UVINGSTONROAD7,--_ r,o u+x•ae•a wye'UPI ICA T.4Anla!Wows sato,I lar ass sot I,t,
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Page 166 of 2218
Exhibit C
GROUND LEASE BY AND BETWEEN
COLLIER COUNTY AND OAKES FARMS, INC.
This Long-Term Ground Lease(hereinafter referred to as"Ground Lease")is entered into
this %Id day of kfl! 112018, by and between Oakes Farms, Inc., a Florida corporation, whose
mailing address is 7695 Santa Cruz Court,Naples, FL 34109,hereinafter referred to as "Lessee",
and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301
East Tamiami Trail,Naples, Florida 34112,hereinafter referred to as"Lessor,"collectively stated
as the"Parties."
RECITALS:
WHEREAS,Collier County enjoys broad Home Rule Powers,which include the authority
to enter into agreements to enhance economic development within the County; and
WHEREAS,Florida Statute Sec. 125.045 expressly provides that"The governing body of
a county may expend public funds to attract and retain business enterprises, and the use of public
funds toward the achievement of such economic development goals constitutes a public purpose.
The provisions of this chapter which confer powers and duties on the governing body of a county,
including any powers not specifically prohibited by law which can be exercised by the governing
body of a county,must be liberally construed in order to effectively carry out the purposes of this
section;" and further that "it constitutes a public purpose to expend public funds for economic
development activities,including,but not limited to,developing or improving local infrastructure,
issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing
plants, leasing or conveying real property, and making grants to private enterprises for the
expansion of businesses existing in the community or the attraction of new businesses to the
community;" and
WHEREAS,the Parties this date have entered into an Economic Development Agreement.
This Lease and the Parties' Economic Development Agreement are meant to constitute the Parties'
full agreement with respect to the matters stated therein, and each of these two agreements is
dependent upon the other; and
WHEREAS, it is the Board's finding that it is in the public interest to lease this property
to Lessee on the terms and conditions set forth below.
WITNESSETH:
NOW,THEREFORE,in consideration of the terms and conditions contained herein and in
the concomitant Economic Development Agreement between the Parties,the Parties hereby agree
as follows:
Page 1 of 12
Page 167 of 2218
1.Conveyance. On the terms and conditions set forth in this Ground Lease, and in
consideration of Lessee's performance under this Ground Lease,the Lessor conveys to the Lessee
the present possessory interest in the Leased Land described below.
2.Description of Leased Land. The Leased Land which is the subject of this Ground
Lease is set forth and identified in Exhibit "A," hereinafter referred to as the "Leased Land or
Premises."
3.Conditions to Conveyance. Lessee warrants and represents to Lessor that it has
examined the title and boundaries of the Leased Land and is accepting the parcel "as is."
Accordingly, this conveyance is subject to all of the following:
a. Any and all conditions, restrictions, encumbrances, and limitations now
recorded against the Leased Land, including but not limited to FPL restrictions;
b. Any and all existing or future zoning laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. Lessee's satisfactory performance of all terms and conditions of this Ground
Lease.
4.Use of Leased Land. The primary purpose of this Ground Lease is for Lessee to
construct and operate an employee parking lot in conjunction with a business as described in the
Parties' Economic Development Agreement. Accordingly, Lessee shall utilize the Leased Land
as follows:
Lessee shall pay all costs to design,construct,and maintain an employee parking lot,which
lot shall be subject to approval by Collier County,which approval shall not be unreasonably
withheld.
Lessee shall notify, in writing, all contractors making tenant improvements or regular
maintenance that Lessor's interest in the property is not subject to any construction liens.
The Lessee shall also include language in any construction contract whereby the applicable
entities acknowledge receipt of such no-lien notice and agree that they will not lien the
landlord's interest in the property for any tenant improvement.
Lessee shall submit all tenant improvement and maintenance contracts to the Lessor for
prior review and approval of any tenant improvements or regular maintenance, which
approval shall not be unreasonably withheld.
Lessee shall remove, satisfy or bond off any claims of lien recorded against the Lessor's
interests by the Lessee's contractors, and to indemnify, defend and hold the Lessor's
harmless with respect to any such liens. The Lessee shall pay the landlord a liquidated
daily fee until any lien is satisfactorily removed.
The parking lot shall include at least twenty-four spaces for Collier Area Transit/Park and
Ride vehicles.
Accommodations shall be made by Lessee to allow for Collier Area Transit Buses to enter
and exit the parking lot.
Lessee shall develop and construct a County approved and properly permitted pedestrian
sidewalk 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.
Page 2 of 12
Page 168 of 2218
Lessee shall construct and maintain a 6ft interior perimeter fence or wall that will surround
the parking lot areas with appropriate openings or gate access to allow for vehicle ingress
and egress to the parking lot, pedestrian access to shepherd anyone using the parking
facility to utilize the existing cross-walk at the intersection of Immokalee Road and
Livingston Road, and any other required access for Collier County or FPL to neighboring
properties,rights-of-ways, or easements.
Lessee shall develop and construct an enhanced type "D" landscape buffer facing
Livingston Road with a double hedgerow 6ft in height,no less than 5ft in height at planting
and 6ft in height established within one year of planting, adjacent to the entire perimeter
fence.
The parking lot may not be used by customers of the business serviced by the lot.
Lessee shall be solely responsible for acquiring all required permits and FPL agreements
to utilize the Leased Land.
Parking lot attendant(s) must be on site during store operating hours to prevent
employees/pedestrians from crossing anywhere from site to store, across Livingston Road,
except from the designated and properly marked crosswalk located at Livingston Road and
Immokalee Road.
The site shall be regularly maintained, may not be used for truck unloading or parking
delivery, tractor-trailer, offsite storage, etc.) or overnight parking, and will be regularly
monitored for security by the Lessee.
5. Lessee's Obligation to Build. Lessee shall design, permit and construct in
compliance with all governmental regulations, at its sole cost and expense, a parking lot and
attendant facilities to be solely utilized for the uses described above. The plans, specifications,
and design for the Lessee's improvements to be constructed on the Leased Land are subject to
reasonable approval by Lessor. Lessor shall have thirty(30)days after receipt of any submittal by
Lessee to review Lessee's submittals and provide a written response as to whether the submittal is
approved as submitted, not approved as submitted, or Lessor may provide Lessee with requested
changes. If the submittal is not approved or if Lessor requests changes,Lessee shall submit revised
plans that will meet with Lessor's approval or incorporate the requested changes into the plans. If
Lessee determines not to revise its plans, then Lessee may terminate this Ground Lease. Lessee
may make nonmaterial changes to the approved plans from time to time to accommodate site issues
or operating changes to Lessee's use of the Leased Land. Material changes from the approved
plans will require Lessor's written approval, which approval shall not be unreasonably withheld.
All plans shall conform with Collier County standards. Construction must commence no later than
two years from the date of this Ground Lease. In the event Lessee does not commence construction
within such period, then the Lessor shall have the right to terminate this Lease, and neither party
shall have any further obligations to the other party. Upon commencement of construction, Lessee
shall diligently pursue said construction to completion and complete said construction on or before
twenty-four(24)months from commencement, subject to delays beyond the control of the Lessee.
Lessee shall be solely responsible for the costs of repairing any damage to Lessor's roads, water
and sewer facilities or other infrastructure located within or outside the Leased Land resulting from
construction or use by Lessee, its agents, officers or employees. Lessee must demonstrate to
Lessor that it has sufficient funds necessary to complete any proposed project, and Lessor may
require, as part of its approval, the posting of a construction bond or like security to assure
completion of the proposed project.
Page 3 of 12
Page 169 of 2218
The proposed uses for the Leased Land will require an amendment to the Collier County
Growth Management Plan ("GMP"), a rezone of the Planned Unit Development ("PUD"), site
development plan approval ("SDP"), South Florida Water Management District permit and other
federal, state and local permits (hereinafter collectively referred to as ("Governmental
Approvals"). Lessee will apply for the necessary Governmental Approvals at its sole expense.
Lessor agrees to execute all applications to Governmental Approvals as the owner of the Leased
Land.
6. Term of Ground Lease. The term of this Ground Lease shall commence on the date
first above written, and unless terminated earlier by the Parties, shall terminate on the 20-year
anniversary date of this Ground Lease. Unless either party gives the other party at least one year's
notice in advance of the renewal term, the term shall automatically renew for two additional
periods of five years. If Lessee holds over after the expiration of the lease term, such tenancy shall
be from month to month under all of the terms, covenants, and conditions of this Ground Lease
subject, however, to Lessor's right to seek legal relief to eject Lessee from the Premises as a
holdover.
7. Rent. Throughout the term of this agreement, including any renewal term, the
Lessee shall pay to Lessor the sum of$1,000.00 per annum, payable on the commencement date
of this Lease, as well as the anniversary date each year thereafter.
8. Net Lease. This is a fully net lease, with Lessee responsible for all costs, fees, and
charges concerning the Leased Land. Accordingly, Lessee shall promptly pay when due and prior
to any delinquency all costs, fees, taxes, trash removal services, assessments, utility charges,
impact fees and obligations of any kind that relate to the Leased Land. Lessee will indemnify and
hold Lessor harmless from any and all claims, costs,.and obligations arising from Lessee's use of
the Premises. In case any action or proceeding is brought against Lessor by reason of Lessee's use
of the Premises, Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting
therefrom and shall defend such action or proceeding if Lessor shall so request, at Lessee's
expense, by counsel reasonably satisfactory to Lessor. It is specifically agreed, however, that
Lessor may at its own cost and expense participate in the legal defense of such claim, with legal
counsel of its choosing.
9.Lessee's Liens and Mortgages. Lessee shall not in any way encumber the Premises,
and shall promptly remove any and all liens placed against the Premises. All persons to whom
these presents may come are put upon notice of the fact that the interest of the Lessor in the
Premises shall not be subject to liens for improvements made by the Lessee and liens for
improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien
on the interest of the Lessor in the Leased Land or any part of either. This notice is given pursuant
to the provisions of and in compliance with Section 713.10, Florida Statutes.
10.Lessee's Obligation to Maintain Premises and Comply with All Lawful
Requirements. Lessee,throughout the term of this Lease, at its own cost, and without any expense
to the Lessor, shall keep and maintain the Leased Land, including any improvements thereon, in
good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements.
If the Premises are not in such compliance in the reasonable opinion of Lessor, Lessee will be so
advised in writing. If corrective action is not begun within thirty(30) days of the receipt of such
Page 4 of 12
Page 170 of 2218
notice and prosecuted diligently until corrective action is completed, Lessor may cause the same
to be corrected, and Lessee shall promptly reimburse Lessor for the expenses incurred by Lessor,
together with a 5% administrative fee.
11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee has
not defaulted on any of the terms of this Ground Lease. Accordingly, Lessee shall have the
exclusive right to use the Premises during the term of this Lease.
12. Condemnation. Lessor may terminate this Lease as part of a condemnation project
brought by the Federal or State government. Lessor will use its best efforts to mitigate any damage
caused to Lessee as a result of such termination; however, in no event will Lessor be liable to
Lessee for any compensation as a result of such termination.
13. Access to Premises. Lessor,its duly authorized agents,contractors,representatives,
and employees, shall have the right after reasonable oral notice to Lessee, to enter into and upon
the Premises during normal business hours, or such other times with the consent of Lessee, to
inspect the Premises,verify compliance with the terms of this Ground Lease,or make any required
repairs not being timely completed by Lessee.
14. Termination and Surrender. Unless otherwise mutually agreed by the Parties,
within thirty(30) days after termination of the lease term, Lessee shall redeliver possession of the
Premises to Lessor in good condition and repair. Lessee shall have the right at any time during
Lessee's occupancy of the Premises to remove any of its personal property, equipment, and signs
provided,however, at the termination of this Ground Lease, Lessor shall have the option of either
requiring Lessee to demolish and remove all improvements made by Lessee to the Leased Land
upon Lessee's vacation thereof, or to require Lessee to retain said improvements with-fixtures on
the Leased Land which improvements and fixtures will become the property of the Lessor upon
Lessee's vacation of the Premises.
15. Assignment. This Ground Lease is personal to Lessee. Accordingly, Lessee may
not assign this Ground Lease or sublet any portion of the Leased Land without the express prior
written consent of the Lessor, which consent may be withheld in Lessor's sole discretion. Any
purported assignment or sublet without the express written consent of Lessor shall be considered
void from its inception and shall be grounds for the immediate termination of this Lease. Lessor
may freely assign this Lease upon written notice to Lessee.
16. Insurance.
a. Lessee shall provide and maintain a Commercial General Liability insurance
policy, approved in writing by Lessor and the Collier County Risk Management
Department, for not less than Three Million and 00/100 Dollars ($3,000,000.00) combined
single limits during the term of this Ground Lease. If such amounts are less than good
insurance industry practice would require, Lessor, reserves the right to increase these
insurance limits by providing Lessee with at least sixty(60) days' advance notice to do so.
Page 5 of 12
Page 171 of 2218
b. In addition, Lessee shall provide and maintain Worker's Compensation
Insurance covering all employees meeting the then existing Statutory Limits in compliance
with the applicable state and federal laws. The coverage shall include Employer's Liability
with a minimum limit of One Hundred Thousand and 00/100 Dollars ($100,000.00) per
each accident. If such amounts are less than good insurance industry practice would
require, Lessor, reserves the right to increase these insurance limits by providing Lessee
with at least sixty(60) days' advance notice to do so.
c. Lessor shall be named as an additional insured on the Commercial General
Liability insurance policy. The above-described insurance policies shall list and
continuously maintain Lessor as an additional insured thereon. Evidence of such insurance
shall be provided to Lessor and the Collier County Risk Management Depaitment, 3301
East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior
to the commencement of this Ground Lease; and shall include a provision requiring not
less than ten(10)days prior written notice to Lessor in the event of cancellation or changes
in policy(ies) coverage. If such amounts are less than good insurance practice would
require, Lessor reserves the right to reasonably amend their insurance requirements by
issuance of notice in writing to Lessee,whereupon receipt of such notice Lessee shall have
thirty(30)days in which to obtain such additional insurance. The issuer of any policy must
have a Certificate of Authority to transact insurance business in the State of Florida and
must be rated "A" or better in the most current edition of Best's Insurance Reports. Each
insurer must be responsible and reputable and must have financial capacity consistent with
the risks covered. Each policy must contain an endorsement to the effect that the issuer
waives any claim or right of subrogation to recover against Lessor, its employees,
representatives, and agents.
d. Failure to continuously abide by all of these insurance provisions shall be
deemed to be a material breach of this Ground Lease and Lessor shall have the remedies
set forth below.
17. Defaults and Remedies.
a. Defaults by Lessee. The occurrence of any of the following events and the
expiration of the applicable cure period set forth below without such event being cured or
remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law:
i.Discontinuation of Lessee's operation of the business contemplated in the
Parties' Economic Development Agreement for a continuous period of 180
days and such default is not cured within sixty (60) days after Lessor
provides written notice of default to Lessee.
ii. Making of a general assignment of the benefit of creditors for a continuous
period of 180 days and such default is not cured within sixty(60)days after
Lessor provides written notice of default to Lessee.
iii. Lessee's failure to utilize the Leased Land as set forth above for a
continuous period of sixty (60) days, and such default is not cured within
sixty(60) days after Lessor provides written notice of default to Lessee .
Page 6 of 12
Page 172 of 2218
iv. Any lien is filed against the Leased Land or Lessee's interest therein or any
part thereof in violation of this Ground Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Lessee is contesting in good faith the validity of
such lien and such lien is appropriately bonded for a continuous period of
180 days and such default is not cured within sixty (60) days after Lessor
provides written notice of default to Lessee.
v. Failure of Lessee to perform or comply with any material covenant or
condition made under this Ground Lease, which failure is not cured within
ninety (90) days from receipt of Lessor's written notice stating the non-
compliance shall constitute a default(other than those covenants for which
a different cure period is provided), whereby Lessor may, at its option,
terminate this Ground Lease by giving Lessee thirty(30)days written notice
unless the default is fully cured within that thirty(30) day notice period (or
such additional time as is agreed to in writing by Lessor as being reasonably
required to correct such default).
This Lease Agreement is dependent upon the Economic Development Agreement
being in full force and effect. Should the Economic Development Agreement terminate for any
reason, including Lessee's failure to open the contemplated business, this Agreement will
automatically terminate as well.
b. Remedies of Lessor.
In the event of the occurrence of any of the foregoing defaults, Lessor, in
addition to any other rights and remedies it may have, shall have the
immediate right to re-enter and remove all individuals, entities and/or
property from the Premises. Such property may be removed and stored in
a public warehouse or elsewhere at the cost of and for the account of Lessee,
all without service of notice or resort to legal process and without being
deemed guilty of trespass,or being liable for any loss or damage which may
be occasioned thereby. If Lessee does not cure the defaults in the time
frames as set forth above, and Lessor has removed and stored property,
Lessor shall not be required to store for more than thirty (30) days. After
such time, such property shall be deemed abandoned and Lessor shall
dispose of such property in any manner it so chooses and shall not be liable
to Lessee for such disposal.
ii. If Lessee fails to promptly pay,when due,any full installment of rent or any
other sum payable to Lessor under this Ground Lease, and if said sum
remains unpaid for more than five (5) days past the due date, the Lessee
shall pay Lessor a late payment charge equal to five percent (5%) of each
such payment not paid promptly and in full when due. Any amounts not
paid promptly when due shall also accrue compounded interest of two(2%)
percent per month or the highest interest rate then allowed by Florida law,
Page 7 of 12
Page 173 of 2218
whichever is higher("Default Rate"),which interest shall be promptly paid
by Lessee to Lessor.
iii. Lessor may sue for direct, actual damages arising out of such default of
Lessee or apply for injunctive relief as may appear necessary or desirable
to enforce the performance and observance of any obligation, agreement or
covenant of Lessee under this Ground Lease, or otherwise. Lessor shall be
entitled to reasonable attorney's fees and costs incurred arising out of
Lessee's default under this Ground Lease.
c. Default by Lessor. Lessor shall in no event be charged with default in the
performance of any of its obligations hereunder unless and until Lessor shall have failed to
perform such obligations within ninety(90) days (or such additional time as is reasonably
required to correct such default) after written notice to Lessor by Lessee properly and in
meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed
to perform any such obligation(s).
d. Remedies of Lessee. In partial consideration for the nominal rent charged to
Lessee,Lessee hereby waives any claim it may have to direct or indirect monetary damages
it incurs as a result of Lessor's breach of this Ground Lease, and also waives any claim it
might have to attorneys' fees and costs arising out of Lessor's breach of this Ground Lease.
Lessee's remedies for Lessor's default under this Ground Lease shall be limited to the
following:
i. For injunctive relief, as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Lessor under this Ground Lease.
ii.Lessee may cure any default of Lessor and pay all sums or do all reasonably
necessary work and incur all reasonable costs on behalf of and at the
expense of Lessor. Lessor will pay Lessee on demand all reasonable costs
incurred and any amounts so paid by Lessee on behalf of Lessor, with no
interest.
e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either
party is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy will be cumulative and in addition to every other remedy given under
this Ground Lease or hereafter existing under law or in equity. No delay or omission to
exercise any right or power accruing upon any event of default will impair any such right
or power nor be construed to be waived, but any such right and power maybe exercised
from time to time and as often as may be deemed expedient.
f. Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a
material inducement and consideration for the execution of this Ground Lease by Lessee
and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Ground
Lease will be deemed for any purpose to be a waiver of any breach of any other provision
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hereof or of any continuing or subsequent breach of the same provision, irrespective of the
length of time that the respective breach may have continued.
Miscellaneous Legal Matters
18. This Ground Lease shall be construed by and controlled under the laws of the State
of Florida. In the event of a dispute under this Ground Lease,the Parties shall first use the County's
then-current Alternative Dispute Resolution Procedure. Following the conclusion of this
procedure, either party may file an action in the Circuit Court of Collier County to enforce the
terms of this Ground Lease, which Court the Parties agree to have the sole and exclusive
jurisdiction.
19. This Ground Lease contains the entire agreement of the Parties with respect to the
matters covered by this Ground Lease and no other agreement, statement or promise made any
party, or to any employee, officer or agent of any party, which is not contained in this Ground
Lease shall be binding or valid. Time is of the essence in the doing,performance and observation
of each and every term, covenant and condition of this Ground Lease by the Parties.
20. In the event state or federal laws are enacted after the execution of this Ground
Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the
terms of this Ground Lease, then in such event this Ground Lease shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this Ground
Lease.
21. Except as otherwise provided herein, this Ground Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth-below and shall be made by hand delivery, facsimile,
overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have
been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time
limit. For the purpose of calculating time limits which run from the giving of a particular notice,
the time shall be calculated from actual receipt of the notice. Time shall run only on business days
which, for purposes of this Ground Lease shall be any day other than a Saturday, Sunday or legal
public holiday. Notices shall be addressed as follows:
If to Lessor: County Manager
Collier County Manager's Office
3301 East Tamiami Trail
Naples, Florida 34112
CC: Real Property Management
3301 Tamiami Trail
Building W
Naples, Florida 34112
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If to Lessee: Alfie Oaks
7695 Santa Cruz Court
Naples, FL 34109
CC: Steve Bracci, Esq.
9015 Strada Stell Court, Suite 102
Naples, FL 34109
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
22. Lessee is an independent contractor and is not an agent or representative or
employee of Lessor. During the term of this Ground Lease, neither Lessee nor anyone acting on
behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor.
Neither party will have the right or authority to bind the other party without the express written
authorization of such other party to any obligation to any third party. No third party is intended
by the Parties to be a beneficiary of this Ground Lease or to have any rights to enforce this Ground
Lease against either party hereto or otherwise. Nothing contained in this Ground Lease will
constitute the Parties as partners or joint ventures for any purpose, it being the express intention of
the Parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that
Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits
normally associated with an employee-employer relationship and that Lessor excludes Lessee and
its employees from participation in all health and welfare benefit plans including vacation, sick
leave, severance, life, accident,health and disability insurance, deferred compensation,retirement
and grievance rights or privileges.
23. Neither party to this Ground Lease will be liable for any delay in the performance
of any obligation under this Ground Lease or of any inability to perform an obligation under this
Ground Lease if and to the extent that such delay in performance or inability to perform is caused
by an event or circumstance beyond the reasonable control of and without the fault or negligence
of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war(declared
or undeclared), sabotage,riot, insurrection, civil unrest or disturbance,military or guerrilla action,
economic sanction or embargo,civil strike,work stoppage,slow-down or lock-out,explosion,fire,
earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the
binding order of any governmental authority.
24. Lessee will not transport, use, store, maintain, generate, manufacture, handle,
dispose,release or discharge any Hazardous Materials upon or about the Leased Land,nor permit
employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors, material
men and/or suppliers to engage in such activities upon or about the Leased Land.
25. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made
aware of the following: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
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in buildings in Florida. Additional information regarding radon and radon testing may be obtained
from your County Public Health Department.
26. Lessee shall execute this Ground Lease prior to it being submitted for approval by
the Board of County Commissioners. This Ground Lease may be recorded by the County in the
Official Records of Collier County, Florida, within fourteen(14) days after the County enters into
this Ground Lease, at Lessee's sole cost and expense.
IN WITNESS WHEREOF,the Lessee and Lessor have hereto executed this Ground Lease
the day and year first above written.
AS TO THE LESSEE:
Oakes Farms, Inc.
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AS TO THE LESSOR:
ATTEST: BOARD OF .t4 TY COMMISSIONERS,
CRYSTAL K,KINZ , CLERK , COLLI R r 46 ARID•
AlkTJiailw
Attest 8S ta,C iali1111R'S ;
Depu y Clem W. L cDaniel, .,
Ch. man
Stggpatureo;Q1yi :`';
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Jeffrey A. 1akow, County Attorney
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EXHIBIT A
Description of Leased Land)
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
(BCC) commencing at 9:00 A.M. on June 10, 2025, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, to consider:
APPEAL BY THE BOARD OF COUNTY COMMISSIONERS OF HEARING EXAMINER DECISION 2025-02
WHICH DENIED AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 18-49, THE SEED TO TABLE
COMMERCIAL PLANNED UNIT DEVELOPMENT, TO REMOVE THE GATE CONTROL SYSTEM AT
THE PIPER BOULEVARD ACCESS TO THE PARKING LOT. THE SUBJECT PUD IS 6.82 ACRES
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. (PL20250003142)
A copy of the proposed Appeal is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended
to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the
public hearing. All materials used in presentations before the Board will become a permanent part of the record.
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As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide
public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events
on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted
on the County website. Registration should be done in advance of the public meeting or any deadline specified within
the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s
risk. The County is not responsible for technical issues. For additional information about the meeting, please call
Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at
least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of
County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
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