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CCPC Agenda 04/19/2012 R
CCPC MEETING AGENDA APRIL 19, 2012 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, APRIL 19, 2012, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. BDE- PL20110000300: Stella Maris Boat Dock Extension- A Resolution of the Collier County Planning Commission relating to Petition Number BDE- PL20110000300 for a 15 -foot boat dock extension over the maximum 20 -foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 35 feet for the benefit of the entire Stella Maris Development totaling 15,707 square feet of dockage and including the addition of two new docks located in Section 9, Township 52 South, Range 28 East, Collier County, Florida. [Coordinator: Mike Sawyer, Project Manager] 9. ADVERTISED PUBLIC HEARINGS A. PUDZ -PL- 2010 -592: Cultural Arts Village at Bayshore MPUD, Collier County Community Redevelopment Agency, represented by Banks Engineering and Pizzuti Solutions LLC, is requesting a rezone from the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Commercial Convenience Zoning District (C- 2- BMUD -NC), and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the General Commercial Zoning District (C- 4- BMUD -NC), and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Mobile Home Zoning District (MH- BMUD -NC), to the Mixed -Use Planned Unit Development (MPUD) zoning district to be known as Cultural Arts Village at Bayshore MPUD. The 17.89± acre site is proposed to permit 48,575 square feet of commercial (retail, office and medical office) development, a 350 seat theatre, 84,000 square feet of parking garage and 40 residential units. The subject site is located within the Bayshore Drive Mixed Use Overlay District at 4265 and 4315 Bayshore Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp 2 AGENDA ITEM 9 -A Co er CoH.nty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES HEARING DATE: APRIL 19, 2012 SUBJECT: PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) PROPERTY OWNER/AGENT: Owner: Collier County Community Redevelopment Agency 4069 Bayshore Drive Naples, FL 34112 Agents: Banks Engineering Pizzuti Solutions, LLC 10511 Six Mile Cypress Parkway, Suite 101 300 South Orange Avenue, Suite 300 Fort Myers, FL 33966 Orlando, FL 32801 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject 17.89± acre site from the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Commercial Convenience Zoning District (C- 2- BMUD -NC), and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the General Commercial Zoning District (C- 4- BMUD -NC), and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Mobile Home Zoning District (MH- BMUD -NC), to the Mixed -Use Planned Unit Development (MPUD) zoning district to be known as Cultural Arts Village at Bayshore MPUD, to allow a mix of residential and commercial uses, comprised of a maximum of 40 residential units and 48,575 square feet of commercial uses, including retail, office and medical offices, 84,000 square feet of parking garage and a 350 seat theatre. GEOGRAPHIC LOCATION: The subject PUD is located within the Bayshore Drive Mixed Use Overlay District on the east side of Bayshore Drive, approximately 1,500± feet north of Thomasson Drive at 4265 and 4315 Bayshore Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida. (See location map on following page) Page 1 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 LOCATION MAP w al 51 2 �T 10 O IT Ae se s z, z zD xK s xe n xe la w n 1 11 A 38 MH z n ID 9 8 T s RMR6- BMUD -NC C -3- BMUD -Rt ENCHANIING ACRES 6 -A MOBILE HOME PARK (AVENUE � 113 RMF -6- BMUD -R1 AKE m mm���:22: ���m�a� SX: ®Ih • �.� i9 0 RMF -6- BMUD -NC Nip 57 CANTA MAR CONDO C -3- BMUD -NC � NUP PETITION # PUDZ -PL- 2010 -592 CU H- BMUD -NC PUD BOTANICAL PLACE PUD PINEBROOK LAKES RPUD- BMUD -1142 CIRRUS POINTE ;ON DRIVE ZONING MAP 18 11 LT IB 18 SF -4 GUILFORD ROAD SITE LOCATION PUD LAKE AVALON lmi �m I� II111�1111111� Won ®E O7 ®IOC - �C ©2 - mll1� � 1111© � ®0 0� (,mum c .. Lj NEACH COLLIER CWNTY � F BWARW000 DEVELOPMENT SERVICES CENIEP u J6 37 32 33 34 35 .. PROGENY BFAItSHIRE LANES .. ° d QN7ER OE (DRI) 2 PARK Z 4a NAPLES RADI RADIO ROAD (C.R. 856) 4a AIRPORT LIEBIG yIE.SMAE. SAKDN '� MANCR a 5 0 REGENCY AUTOHAUS BRETONNE SUM.R— PARK 5 2 MEPoOIAN g MOON 4 3 AIRPORT 1 FOMFlNE (DRI) NLLAGE PLAZA LAKE RRK( SALVAtION SP /WNGW00D KLR( £ice OAVIS C'� i OF BROOKSIDE MMY — XpRKR IX ORHJUi (S.R. 84Jo BOULEVARD a3 _w AS NAPLES Q-ENTR: Lod R o DEV DEVOE WINTER PARK a pg PONIIAC GALLMAN ESTATE n 9 10 11 12 KINGS LAKE (DRO %D` 8 7 MMER SWIARE COWER COUNTY �V(OR0 PLE% CROWN Asa POWTE O CG AM PUD 'a VERDE PROJECT A LOCATION NTNOSTAP oMar R14 n 13 16 5 ir 10 LAKE AVALON ?S ESTAhS ST. PETER'S CATHOLIC CHURCH VANDSONG THOMAS SON > RATTLESNAKE HAMMOCK ROAD jl'DR-K-U S (CAM) LELY NAPLES GAPDEN CLUB h (DRI) 21 2 23 24 SABAL BAT 19 20 HAMILTON (FLY HARBOR SOU 9 NAPLES MANOR HANILMN HARBOR SABAL BAY 28 Lx] 27 n 26 25 JO NIGEU 29 MAL BAY (S) WENIYATRIH ESTATES MYRTLE W0005 TREE TOPS TRAIL AGiES 34 35 36 31 32 M:N1WORiH ESTATES LOCATION MAP w al 51 2 �T 10 O IT Ae se s z, z zD xK s xe n xe la w n 1 11 A 38 MH z n ID 9 8 T s RMR6- BMUD -NC C -3- BMUD -Rt ENCHANIING ACRES 6 -A MOBILE HOME PARK (AVENUE � 113 RMF -6- BMUD -R1 AKE m mm���:22: ���m�a� SX: ®Ih • �.� i9 0 RMF -6- BMUD -NC Nip 57 CANTA MAR CONDO C -3- BMUD -NC � NUP PETITION # PUDZ -PL- 2010 -592 CU H- BMUD -NC PUD BOTANICAL PLACE PUD PINEBROOK LAKES RPUD- BMUD -1142 CIRRUS POINTE ;ON DRIVE ZONING MAP 18 11 LT IB 18 SF -4 GUILFORD ROAD SITE LOCATION PUD LAKE AVALON lmi �m I� II111�1111111� Won ®E O7 ®IOC - �C ©2 - mll1� � 1111© � ®0 0� (,mum c // v� M� fib Mi W��7 rYi VA WOR d GSM. P,pN[iOAL ([0 7 RhA0YEG777 Utlti*NC NIA, PAL Pte. RAh ^�4• 1. (TO INCLUDE PARK-NO DUMI MPSTLR RAGE LOAORlp ... � PWC _ i ZONES AND DCNER PARKINSI . : 1 -------------------- RELATED WSESj �fi11 - ------- MAN Cllr I O :.I PARKING RELATED USCS Yf Av E0 ' VItlNAC11C/AL ' 'i'i"8 F ..'�� 1 fp R' M TI.ANO' f % . Na A TYPK BUPPSR' IH BM18 °PS kY,r IN4 K'SmV4 ` � -1 i'�1. ae VJ I rC CS MFMY N JJA(i 10' PT IN[ 4TSr 473' TFVR "A` VACANT PROPERLY °'7 " (FwPrar (AAE) DO .A1 I NAFfX1VG Alit' (TO c Fa:t.UD SANITARY SITE DATA: :.I PARKING RELATED USCS yRp PUNT POST VItlNAC11C/AL ' 'i'i"8 F ..'�� 1 e +++ M TI.ANO' f % . Na PROPOSED MIXED USE PLANNED UNIT DEVELOPMENT USES; TROP. IBMUO OVEIUAY 7 -J. Cp e g. FG5TRd: $ �,'. iT+.1' y` . 10.0• xLSDENkFL MARKET C"tWII ANO PMIPWo USES. (AREA i0 NfLWE &Xt.OxiGS, =c RESIDENTIAL UNITS: 40 COMMERCIAL : 35,000 SF CT. PEoESTAIAN SYSILM3, L IWIES. PARKWG AND 0.0 BUROiNC RELATED USES) PERFORMING ARTS THEATRE' 350 SEATS AW7ARr:. NEW XNECna:... CLASSROO/AS/97UDr 929 59 NOTES. -- -- CONCEPTUALUPARRKOLG(UUiTTSS FORIAC 'A ","C'&'6' POINT WINDST PROPOSED BUFFER DEAA11ON PARKING GARAGE: 84,000 SF R iDRIVS BUZ) TRACT '8" 0.58 AC REWIRED NATIVE VEGETATION PRESERVE F.N310.0 CAST NAfsCS rEB, 514 *.ri • 'llz U..1 SOLUTION ��2 6 A imollu +Rn�iralBmgnml� 14 f (ZV$IIIG IAXEJ �CRSSAR IiYDCNn4 Y NA I1M:.v -u 1 1 ..� //N',^ 1 '(I'AtSNRC lNFJ j,. TRACT 'F1 � %%, TRACT °BI' -,Y, 289'' r r.r ;riA. x c� usi'X�i> SITE DATA: ' JII PAIV: EXISTING USE: VACANT VItlNAC11C/AL ' 'i'i"8 F ..'�� 1 e +++ M TI.ANO' f % -,Y, 289'' r r.r ;riA. x c� usi'X�i> :TRACT--!.I'., A 1f ( 1 ! �. Wes' RECREATION, COMMUNITY OR PUBLIC USE, OPEN SPAfS _ 1"1 s ,p� i f ��t (� TRACT "C 3.06 AG 174 4 RECREATION, COMMUt1 OR PUBLIC USE., OPEN SPACE CfAY4},%?TlAT YARAYNF AR¢i 16,R STO RNA PC PARKING A R l p + t TOTA 17.94 AC 00% D MPS TER PADS 1044140 S 1� A 11 11 ZONES AND OTNFR PARKING j -0F�• 1 TRACT `-' f OPEN SPACE: REUTSD USESI 4ts R Y A { (£x.. . I REWIRED: 17.80 AC x 30% •. 5.37 ACRES ' I P IN I I PROVIDED: 5.39 AC (JOX) CONSISTING OF OPEN WATER ( -+ivtG or I r'r & NATIVE VEGETATION PRESERVE - SEE LEGEND NATIVE VEGETATION/PRESERVE sTJ n I I \ -,#tRl OICT.DNAL VtT AND +E' `I EXISTING NATIVE VEGETATION ON-SITE: 2.2 ACRES REQUIRED NATIVE VEGETATION PRESERVE. 2.2 AC x 25%+. 0.55 AC A. PROVIDED NATIVE VEGETA110N PRESERVE: 0.55 AG (TRACT (8() PkSK • 1 5ar SITE DATA: ' JII PAIV: EXISTING USE: VACANT e +++ MS71NO ZONING UK- BMUD -NC, C -2-4 MUD -NC & C- 4- DMUO -NC . Na PROPOSED MIXED USE PLANNED UNIT DEVELOPMENT USES; TROP. IBMUO OVEIUAY 7 CONCEPTUAL BUILDING FOOTPRINT USE ACRES % Or SITE ; TRACT 'A' 7.72 AC 439 MARKET C"tWII ANO PMIPWo USES. (AREA i0 NfLWE &Xt.OxiGS, =c RESIDENTIAL UNITS: 40 COMMERCIAL : 35,000 SF PEoESTAIAN SYSILM3, L IWIES. PARKWG AND 0.0 BUROiNC RELATED USES) PERFORMING ARTS THEATRE' 350 SEATS 1 CLASSROO/AS/97UDr 929 59 NOTES. -- -- CONCEPTUALUPARRKOLG(UUiTTSS FORIAC 'A ","C'&'6' AOMINI5IRAD OFFICES: 1 ,050 SF PROPOSED BUFFER DEAA11ON PARKING GARAGE: 84,000 SF 1) PRENWS AND RECENT USES OF LAND: AND BUFFER OEWA110N NUMBER TRACT '8" 0.58 AC REWIRED NATIVE VEGETATION PRESERVE 3% ® PROPOSED APPROKIMATE FILL AREA (LAKE) TRACT "C' 1.18 AC 79 PROPOSED NATIVE VEOTAVON PRESERVE COMMERCIAL. /COMMUNITY BUILDING° 11,000 SF 9. TRACTS "A' AND "D" a TRACT V COMMUNITY PAVILION, RECREATION, 0.87 AC 59 (, . -PROPOSED OPEN SPACE COMMUNITY OR PUBLIC USE, PEDESTRIAN ACMSSWAY5/BOARDWALK Y TRACT 'E" 1.58 AC 9% k RECREATION, COMMUNITY OR PUBLIC USE, PEDESTRIAN 2) JURISDICTIONAL WETLAND LINES ARE PRELIMINARY. FINAL JURISDICTIONAL ACCESSWAYBJ80ARDWAEK TRACT *F' 282 AC TBR :TRACT--!.I'., A 1f ( 1 ! �. Wes' RECREATION, COMMUNITY OR PUBLIC USE, OPEN SPAfS _ 1"1 s ,p� i f ��t (� TRACT "C 3.06 AG 174 4 RECREATION, COMMUt1 OR PUBLIC USE., OPEN SPACE CfAY4},%?TlAT YARAYNF AR¢i 16,R STO RNA PC PARKING A R l p + t TOTA 17.94 AC 00% D MPS TER PADS 1044140 S 1� A 11 11 ZONES AND OTNFR PARKING j -0F�• 1 TRACT `-' f OPEN SPACE: REUTSD USESI 4ts R Y A { (£x.. . I REWIRED: 17.80 AC x 30% •. 5.37 ACRES ' I P IN I I PROVIDED: 5.39 AC (JOX) CONSISTING OF OPEN WATER ( -+ivtG or I r'r & NATIVE VEGETATION PRESERVE - SEE LEGEND NATIVE VEGETATION/PRESERVE sTJ n I I \ -,#tRl OICT.DNAL VtT AND +E' `I EXISTING NATIVE VEGETATION ON-SITE: 2.2 ACRES REQUIRED NATIVE VEGETATION PRESERVE. 2.2 AC x 25%+. 0.55 AC A. PROVIDED NATIVE VEGETA110N PRESERVE: 0.55 AG (TRACT (8() PkSK • 1 5ar -- POP K MRfi'AM M i.# TRAIN INr AV%Vf 111Y) (mAk% ON PIMA F) 1 l "- .. . _ . .. 1 R (MSrNC _ ... ... r,GSr ... ........ .... .... .., ; _ �HY fA1,46 NL*wrog . Na 10' N. (OMUN OV&NAY...r TROP. IBMUO OVEIUAY 7 CONCEPTUAL BUILDING FOOTPRINT BUFFER -• A.6'L.IOF(2) NUEIT:R -• 4.02.LDP(9) S -MOTE: WAICIMG WGISIM'S 4 WOANRTI' OF 6U1ANO MAY VARY TO MEET 1 MARKET C"tWII ANO PMIPWo USES. (AREA i0 NfLWE &Xt.OxiGS, =c 1 PEoESTAIAN SYSILM3, L IWIES. PARKWG AND 0.0 BUROiNC RELATED USES) 1 •,- -- ^-i NOTES. -- -- CONCEPTUALUPARRKOLG(UUiTTSS FORIAC 'A ","C'&'6' _ PROPOSED BUFFER DEAA11ON 1) PRENWS AND RECENT USES OF LAND: AND BUFFER OEWA110N NUMBER •-• °- • A TRACT "C" WAS PREVIOUSLY: HUSERTS WELDING & REPAIR FACILITY ® PROPOSED APPROKIMATE FILL AREA (LAKE) vIOE'D" PURYgl RECENTLY: STRUCTURES HAVE BEEN REMOVED AND THE SITE IS NOW VACANT LAND USED FOR FESTIVALS AND EVENTS. PROPOSED NATIVE VEOTAVON PRESERVE 9. TRACTS "A' AND "D" EO(ISBNG LAKE WERE PREVIOUSLY: PARTIAL BORROW, LAKE. AND VACANT LAND. RECENTLY: VACANT LAND, LAKE AND VEGETATION USED FOR (, . -PROPOSED OPEN SPACE FESTIVALS AND EVENTS. C, TRACTS "S ", 'E'. 'f", AND "G" :J 'OPEN SPACE (30X) TOTAL WERE PREVIOUSLY: PARTIAL BORROW, LAKE AND VEGETATION AND REMUN. RNCRESS/F.GNISS 2) JURISDICTIONAL WETLAND LINES ARE PRELIMINARY. FINAL JURISDICTIONAL 'ALTLANO LINES WILL BE ESTABLISHED DURING THE S.F.W.M.D. PROCESS. 3) A 2R' LAKE MAINTERANCE EASEMENT ""' RE PROVIDED, AS REWIRED, APPROXIMATE ACCESS POINTS ADJACENT TD ALL LAKES OR PONDS, UNLESS A BULKHEAD (S UTIUZEO. 43 THIS PLAN IS CONCEPTUAL IN NATURE AND SUB•ECT TO MODIFICATION AT TIME OF SDP APPROVAL PROPOSED DEMATION.4 SEE SHEETS 2 & 3 5)) SEE SHEET p5 FOR PEDESTRIAN & SIDEWALK PLAN. IT (SEE SHEETS b 3 & 4 FOR DEVIATIONS AVID CROSS SECTIONS) 7 ACCESS POINTS ARE CONCEPTUAL NUMBER AND LOCATION WILL BE REVISION DATE: , {UARY 25. 2012 ,Ct/1.7URAl YLtAOE Ar BAYSHWE, PUOY -PL «DLO -592 DETERMINED AT PUT OR SDP (SITE DEVELOPMENT PLAN) APPROVAL __._... .-_._.._.._._. _........ __........._.......... P THE R� Al B V�J '" �" MPUD CONCEPTUAL MASTER SITE PUN CULTURAL ARTS VILLAGE AT BAYSHORE PIZZUTI COMPANIES . A ,.,, ENGINEERING �...,x�x.c,..• cou1ER couNrr, FLORIDA T. p ,OAK., �— x: N< -„ � �,�.,..; °'" w 1 oP f rvmw,�,JI73VP ,ww ,mw,,,: i.;,, ,w:...aw•w en. . _.:......:.. •••• -• ^^ 'E: -wn knu, l xuv„iPinA ns -a-M,e x.oR .Nneum asx RJr. ne 1' . Ae• a 0 t yM V 5 os � h �a K PURPOSE/DESCRIPTION OF PROJECT: The Cultural Arts Village at Bayshore MPUD Ordinance proposes a maximum of 40 residential units, 48,575 square feet of commercial uses (including retail, office and medical office), 84,000 square feet of parking garage and a 350 fixed seat performance theatre and ancillary uses. The subject site is currently undeveloped and approximately half of the site is a lake. Along the western edge of the site is a 25 -foot wide Florida Power and Light (FPL) easement. Along the eastern edge of the site there is a 30 -foot drainage and utility easement and then another 10 -foot drainage easement. Along the western portion of the northern edge of the site is a 35 -foot wide ingress /egress easement. The subject site is surrounded to the north, south and west mostly by mobile homes. To the east of the site is Sugden Park. Adjacent to the northwest corner of the site is a commercial property, across the street from the southwest corner of the site is a fire station. The subject site consists of Tracts A through G. Tract B is a preserve tract. For all of the other tracts, an interim use of community events such as festivals are proposed in addition to the principal uses proposed. The commercial use only buildings will have a maximum zoned height of 42 feet and will not exceed 3- stories. The residential use only buildings will have a maximum zoned height of 42 feet and will not exceed 3- stories. The mixed -use buildings will have a maximum zoned height of 56 feet, and will not exceed 4- stories. Seven deviations are being sought as part of this MPUD rezoning petition and they are described in detail in the analysis section of this staff report. (See page 16.) Furthermore, deviations are sought to provide portions of perimeter landscape buffers along the north, east and south property lines. These buffers will be 10 feet wide. Along the west property line, Bayshore Drive, landscaping shall be provided per the Bayshore Drive Mixed Use Overlay District. The Conceptual Master Site Plan depicts limits of development (Tract A, C and D), a Preserve (Tract B), a Lake and Island (Tract E) and•a Lake (Tract F and G). Tract A proposes 40 residential units; 35,000 square feet of commercial uses, a 350 seat performing arts theatre, 925 square feet of class rooms /studios, 1,650 square feet of administrative offices and 84,000 square feet of parking garage; Tract B proposes 1.18 acres of preserve; Tract C proposes 11,000 square feet of commercial /community building; Tract D proposes a community pavillion, recreation, community or public use, and pedestrian accessway/boardwalk, Tract E proposes recreation, community or public use, and pedestrian accessway/boardwalk; Tract F proposes recreation, community or public use, and open space; and Tract G proposes recreation, community or public use, and open space. The site will be accessed by two ingress /egress points from Bayshore Drive and one ingress /egress point from Jeepers Drive. SURROUNDING LAND USE AND ZONING: North: Developed with a commercial building, with a zoning designation of C- 4- BMUD -NC (General Commercial Convenience District, Bayshore Mixed Use District — Neighborhood Commercial Page 4 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 Subdistrict); and then a mobile home subdivision and lake, with a zoning designation of MH- .-� BMUD -R3 (Mobile Home District, Bayshore Mixed Use District — Residential Subdistrict 3) East: Developed with the Sugden Park, with a zoning designation of Lake Avalon PUD South: Jeepers Drive, then a fire station with a zoning designation of C- 4- 13MUD -NC (General Commercial District, Bayshore Mixed Use District — Neighborhood Commercial Subdistrict); and then single - family homes with a zoning designation of VR- BMUD -R3 (Village Residential District, Bayshore Mixed Use District — Residential Subdistrict 3) West: Bayshore Drive, Moorehead Manor mobile home park with a zoning designation of MH- BMUD-R3 (Mobile Home District, Bayshore Mixed Use District — Residential Subdistrict 3); vacant land with a zoning designation of RMF -6- BMUD -R3 (Residential Multi- family District 6, Bayshore Mixed Use District — Residential Subdistrict 3); and Windstar PUD entrance. AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban Mixed -Use District, Urban Coastal Fringe Subdistrict), within the Bayshore /Gateway Triangle Redevelopment Overlay (B /GTRO), and is in the Coastal High Page 5 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 Hazard Area, all as identified on the Future Land Use Map of the Growth Management Plan. In addition, the project lies within the Traffic Congestion Area (TCA), and as such one dwelling unit per gross area would be subtracted from the eligible base density of four dwelling units per acre. Relevant to this petition, the B /GTRO allows a mix of residential and commercial uses subject to various criteria. Specifically, the Bayshore /Gateway Triangle Redevelopment Overlay states: The Bayshore /Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore /Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore /Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One or more zoning overlays will be adopted into the Collier County Land Development Code (LDC) to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay (applicable paragraphs are below, followed by staff comments): 1. Mixed -Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C -1 through C -3 zoning district uses; hotel /motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by the FLUE Policies. Mixed -use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. (L The petition proposes a mix of residential and commercial uses and the PUD document contains language to insure that the proposed project is developed as a mixed -use. 2. The BIGTRO provides, with limited exception, that commercial uses are limited to C -1 through C -3. In addition, the recently adopted Ordinance No. 2011 -26 allows theatrical producers (a C -4 use as identified in the LDC), bands, orchestras, and entertainers. The PUD document provides for these uses allowed in the BIGTRO. 3. The PUD document and the Master Site Plan describe and depict a pedestrian oriented mixed -use project with vehicular and pedestrian access to nearby residential areas and with buildings located close to Bayshore Drive with some of the parking on the sides of these buildings.) 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Page 6 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 9, 2012 Policies, except as provided below and except as may be limited by a zoning overlay. (Permitted density is 3 DUTA (dwelling units per acre) [base density of 4 DU /A less I DU /A for Traffic Congestion Area reduction], no additional density bonus is requested as part of this petition. Proposed density is less than 3 DU /A) 3. Non - residential /non - commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water- dependent and water - related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. (Criterion met.) 5. Properties with access to Bayshore Drive, are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed -use development with access to existing neighborhoods and adjoining commercial properties and must comply with the standards identified in Paragraph #7, below. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. (Project has direct access to Bayshore Drive. However, no additional density above the density per the Density Rating System of the FLUE is being requested as part of this petition.) 7. Existing zoning districts for some properties within the Bayshore /Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. (A zoning overlay was adopted for the B/GTRO area.) FLUE relevant policies are stated below; each policy is followed by staff analysis. Policy 5.6: Permit the use of clustered residential development, Planned Unit Development techniques, mixed -use development, rural villages, new towns, satellite communities, transfer of development rights, agricultural and conservation easements, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. (The petition is a Mixed Use Planned Unit Development that is designed to conserve open space.) Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. Page 7 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 (The Master Site Plan depicts direct access to Bayshore Drive, a collector road as identified in the Transportation Element.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The proposed Master Site Plan depicts a loop road with two vehicular access points to Bayshore Drive, as well as a third access to the south that connects the proposed loop road to Jeepers Drive.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The proposed Master Site Plan depicts vehicular access to Bayshore Drive (west) and Jeepers Drive (south), a local street. Interconnection to the north and east is not possible due to existing development.) Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (The proposed MPUD proposes a pedestrian oriented development that features a mix of residential and commercial uses, as well as civic uses. Exhibit A of the MPUD document allows for different housing types including single family, townhouses, and two-family dwelling units.) Future Land Use Element (FLUE) Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code." It is the responsibility of the Zoning Services Section staff as part of their review of the petition in its entirety to perform the compatibility analysis. Transportation Element: Transportation Planning Staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. The project is consistent with Policy 5.1 of the Transportation Element. Additionally, the project is located within the County's TCEA (Transportation Concurrency Exception Area), and is subject to Policies 5.4, 5.5, and 5.6 of the Transportation Element. There are "significant" impacts identified that are above the applicable 2 % -2 % -3% threshold established in Policy 5.1 of the Transportation Element. However, these impacts are not considered to be adverse, because each of the links found to be "significantly" impacted are within the boundary of Page 8 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 the East Central TCEA, and would not be considered to attain failure even if the minimum LOS (Level of Service) had been exceeded. Staff recommends that the project be found consistent with Policy 5.4. of the Transportation Element. Policy 5.4.13 applies, and the project is exempted from the transportation requirements of Capital Improvement Element, Policy 5.3. Therefore, no mitigation is required. Only those TDM (Traffic Demand Management) strategies defined in Policy 5.6 are applicable. They will become requirements of the future Site Development Plan (SDP) only if exception from concurrency is sought. Bayshore Drive Impacts: The first link that is impacted by this MPUD is Link 7.0, Bayshore Drive between Thomasson Drive and US -41. The p.m. peak hour, peak direction impact proposed on Bayshore Drive is 128 directional trips. This represents a 6.57 percent impact on Bayshore Drive. This segment of Bayshore Drive currently has a remaining capacity of 1,308 trips, and is currently at LOS "B" as reflected by the 2011 AUIR (Annual Update and Inventory Report). This roadway segment is located within the County's adopted TCEA. US -41 Impacts: Secondary impacts made by this MPUD are found on Link 91.0, US -41 between the Airport Road and Davis Boulevard. The p.m. peak hour, peak direction impact proposed on US -41 is 49 directional trips. This represents a 1.8 percent impact on US -41. This segment of US -41 currently has a remaining capacity of 989 trips, and is currently at LOS "D" as reflected by the 2011 AUIR. This roadway segment is located within the County's adopted TCEA. Thomasson Drive Impacts: Secondary impacts made by this MPUD are found on Link 108.0, Thomasson Drive between Bayshore Drive and US -41. The p.m. peak hour, peak direction impact proposed on Thomasson Drive is 59 directional trips. This represents a 7.8 percent impact on Thomasson Drive. This segment of Thomasson Drive currently has a remaining capacity of 346 trips, and is currently at LOS "B" as reflected by the 2011 AUIR. This roadway segment is located within the County's adopted TCEA. No subsequent links are found to be significantly impacted by this project. Conservation and Coastal Management Element (COME): Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that, Policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with Policies 6.1 and 6.2 regarding the selection of preserves. The property site contains 17.8 acres of which 2.20 acres is considered native vegetation. The proposed native vegetation preserve of 0.55 acres fulfills the minimum requirement of 0.55 acres or 25 percent of the Page 9 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 existing native vegetation on site. A conservation easement dedicated to Collier County shall be placed over the preserve. As required by Policy 6.2.1, a wetland jurisdictional determination will be conducted by the South Florida Water Management District (SFWMD) during the first development order. As required by Policy 6.1.4, prohibited exotic vegetation shall be removed from the site and maintained in perpetuity. As required by Policy 7.1.2, a listed species survey was conducted on the property and is contained in the EIS. GMP Conclusion: Based upon the above analysis, Comprehensive Planning staff finds the proposed rezone consistent with the FLUE. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination must be based. These criteria are specifically noted in Land Development Code (LDC) Section 10.02.13. The Staff evaluation establishes a factual basis to support the recommendations of Staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for the recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed and are listed under the Rezone Findings and PUD Findings on the proceeding pages of this Staff Report. Environmental Review: Environmental Services Staff has reviewed the petition and the PUD documents to address any environmental concerns. This petition was required to submit environmental reports and a hearing before the Environmental Advisory Commission (EAC) was required because active wading birds were found on the project site. The property contains approximately 2.6 acres of South Florida Water Management District (SFWMD) wetlands. There are a total of 0.16 acres of proposed wetland impacts. The remaining 2.44 acres of wetlands are proposed to remain and 0.55 acres of those remaining wetlands will be placed under Collier County preservation. A listed species survey for this project has been conducted. Two listed wading bird species were observed on site, the little blue heron and the tricolored heron. No active stick nests were observed but eight inactive stick nests were observed in the Melaleuca in the freshwater marsh. An additional updated wading bird survey has been conducted. A total of 23 wading bird nests were observed during the survey. Of those 23 nests, 14 were unoccupied (species utilizing them could not be determined). The remaining nests were six active Anhinga nests and three active little blue heron nests. Little blue heron chicks were not observed in the nests but were observed in the southwest corner of the cattail marsh. Page 10 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 FWC (Florida Fish and Wildlife Conservation Commission) was contacted by the applicant's environmental consultant to obtain their technical assistance. FWC staff stated that no permits or buffers were required to remove any inactive nests found onsite. The applicant has chosen to draft a Wading Bird Habitat Management Plan (WBHMP) (EIS Exhibit J) which will result in no taking of any of the active wading bird nests. The goal of the WBHMP is to improve existing habitat and relocate potential wading bird nesting habitat to areas more compatible with the proposed development. The development is proposed to be located to the west of the wading bird habitat. The plan proposes to treat exotic vegetation in place with an EPA approved herbicide in the western portion of the project site. Then to enhance that eastern portion, the shoreline will be planted with pond apple and willow trees to encourage wading birds to nest in the those areas. In summary, this management plan will slowly "phase" out the exotic vegetation currently being used closer to the proposed development footprint while not disturbing or altering nesting activity. At the same time it should provide equal or more suitable nesting habitat to the east. Transportation Review: Transportation Department Staff has reviewed the petition and they recommend approval of the PUD Ordinance as revised on March 22, 2012. Utility Review: The Utilities Department Staff has reviewed the petition, has no objection and notes the following: This project will tie into the existing 12 -inch force main along Bayshore Drive (PS 304.02). From PS 304.02, the existing flows go to PS 304.10, then to PS 304.00, and ultimately discharges to the South County Water Reclamation Facility (SCWRF). Based on a review of the County hydraulic model results, the downstream force mains, and wastewater reclamation facility have sufficient capacity to accommodate this connection. Emergency Management Review: Emergency Management Staff provided the following comment: "There are no issues with EMS." Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The proposed uses, as limited in the MPUD Ordinance, are consistent with the GMP, as previously noted. The actual uses proposed, as limited in the MPUD Ordinance, should be compatible with the land uses that have been developed on adjacent tracts. Rezone Findinzs: LDC Subsection 10.03.05.1 states, "When pertaining to the rezoning of land, the report and recommendations of the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these italicized criteria are provided below): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. Page 11 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 The Comprehensive Planning Department has indicated that the proposed PUD rezone is consistent with the Future Land Use Element (FLUE) land use designation of the Growth Management Plan (GMP) and Transportation Planning Staff provided an analysis of the applicable objectives, goals and policies of the Transportation Element, and finds that the project is consistent with Transportation Element Policy 5.1. Zoning staff provided an analysis of other pertinent GMP objectives and policies, and recommends that the petition be deemed consistent with the overall GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report, the neighborhood's existing land use pattern is characterized by developed commercial uses and mobile homes along with a lake to the north, a developed park to the east, a developed fire station to the south along with developed mobile home uses to the north, south and west. This project will be consistent with the existing land use patterns. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The currently approved C- 2- BMUD -NC (Commercial Convenience District, Bayshore Mixed Use District - Neighborhood Commercial Subdistrict); C- 4- BMUD -NC (General Commercial District, Bayshore Mixed Use - Neighborhood Commercial Subdistrict); and MH- BMUD -NC (Mobile Home District, Bayshore Mixed Use District — Neighborhood Commercial Subdistrict) project boundaries allowing commercial uses was deemed to be of sufficient size and did not result in an isolated district unrelated to adjacent and nearby districts. The proposed MPUD does not change the projects consistency with the FLUE. Therefore, Staff is of the opinion that the proposed MPUD will not result in an isolated district unrelated to adjacent and nearby districts. 3. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The MPUD district boundaries are logically drawn and they are consistent with the Urban (Urban Mixed -Use District, Urban Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth Management Plan. 4. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends and changing market conditions make the proposed rezoning desirable for the applicant. The rezoning is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes. 5. Whether the proposed change will adversely influence living conditions in the neighborhood. The development standards and landscaping requirements contained in the MPUD document are intended to mitigate any adverse impact to the living conditions in this neighborhood if the proposed rezoning is approved. 6. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or Page 12 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed MPUD and has recommended approval of the petition based upon transportation related GMP policies. 7. Whether the proposed change will create a drainage problem. The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. 8. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards. 9. Whether the proposed change would adversely affect property values in the adjacent area. Property valuation is affected by a host of factors including zoning. However, zoning by itself may or may not affect values since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 10. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties around this property are already developed as previously noted. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed rezoning should not be a deterrent to the improvement of adjacent properties. 11. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development complies with the GMP, a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property is presently undeveloped. The subject property could be developed within existing C- 2- BMUD -NC (Commercial Convenience District, Bayshore Mixed Use District - Neighborhood Commercial Subdistrict); C- 4- BMUD -NC (General Commercial District, Bayshore Mixed Use - Page 13 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 Neighborhood Commercial Subdistrict); and MH- BMUD -NC (Mobile Home District, Bayshore Mixed Use District — Neighborhood Commercial Subdistrict) zoning regulations. 13. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The PUD document and the allowable development has been found consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 14. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and Staff does not review other sites in conjunction with a specific petition. 15. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require considerable site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. 16 The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The project will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must demonstrate consistency with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County Staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that Staff has concluded that no Level of Service will be adversely impacted. 17. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUD Findings: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Page 14 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 The type and pattern of development proposed should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Furthermore, this project, if developed, will be required to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities Requirements of the LDC. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control. The MPUD document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this Staff Report. Based on that analysis, Staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The development standards, landscaping and buffering requirements contained in this petition are designed to make the proposed uses compatible with the adjacent uses and the use mixture within the project itself. Staff believes that this petition is compatible, both internally and externally, with the proposed uses and with the existing undeveloped land. Additionally, the Development Commitments contained in the PUD document provide additional requirements the developer will have to fulfill. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Although development of the project has not yet commenced, the timing or sequence of development in light of concurrency requirements does not appear to be a significant problem for this project based upon the transportation commitments contained in the PUD document. In addition, the project's development must be in compliance with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Page 15 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, and capacity of roads, is supportive of conditions emanating from this MPUD development. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this MPUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this MPUD are similar to those standards. Deviation Discussion: The petitioner is seeking seven deviations from the requirements of the LDC. The deviations are listed in PUD Exhibit E. The petitioners' rationale provided to support each deviation is provided in the Justification/Rationale for the Deviations document that is included in the application material. Deviations are a normal offshoot of the PUD rezoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which states in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs .... may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest.... Deviation #1 seeks relief from LDC Section 4.O2.16.F.2. which states, `Buffers are required between mixed use PUDs, BMUD -NC and BMUD -W Subdistricts that abut residential property. A minimum 10 -foot wide landscaped area shall be required. This area shall include: a six -foot high opaque masonry wall; a row of trees spaced no more than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall." The alternative proposed is a 10 -foot wide alternative "A" buffer on Tract "A" and on Tract "C" adjacent to the MH- BMUD -NC zoned portion of the vacant property which abuts the internal loop road, as shown on the Master Plan sheet 2 of 6. (See Attachment C: Master Plan Set.) Petitioner's Rationale: This deviation is requested due to the existing lake on the subject property which connects to the lake on the adjacent property that has frontage on Bayshore Drive. The adjacent property has split zoning with C- 2- BMUD -NC along the portion abutting Bayshore Drive and MH- BMUD -NC on the eastern portion. This deviation is for the eastern portion only. Construction of a six foot high opaque masonry wall and landscaping of the intensity of the code is an impractical application with respect to the proposed conceptual Master Site Plan at the applicable location. This deviation enhances the proposed Mixed Use Planned Unit Development by providing a unified and seamless continuous buffering along the adjacent property since the entire property is designated as BMUD -NC in the Page 16 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 overlay. The proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would. Approval of this deviation request is consistent with the aforementioned Board of County Commissioner and CRA resolutions. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is 'Justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Furthermore, the relaxation of the wall requirement would allow views into the existing lake. Deviation 42 seeks relief from LDC Section 4.02.16.F.2. which states, `Buffers are required between mixed -use PUDs, BMUD -NC and BMUD -W Subdistricts that abut residential property. A minimum 10 -foot wide landscaped area shall be required. This area shall include: a six -foot high opaque masonry wall; a row of trees spaced no more than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall." The alternative proposal will allow no buffer along the northern property line (portion of Tract "F ") and southern property line (Tract "G ") that is located within and adjacent to the lake for the area as depicted on Exhibit "C" "MPUD Conceptual Master Site Plan" and Exhibit "C" page 2 of 6. Petitioner's Rationale: This deviation is requested due to the existing lake on the subject property which connects to the lake on the adjacent property to the north and the portion of the lake that is adjacent to the southeastern property line. This deviation enhances the proposed Mixed Use Planned Unit Development by allowing the existing lake to remain. Alternatively, the lake would have to be filled in the northern area to provide a buffer, which is not a feasible option and would remove the adjacent properties' lake front view. To the south, the current view from the adjacent properties would be blocked as well. Further, installation of a wall in the southern area is not consistent with the natural environment and any wall or vegetation would be difficult, if not impossible to maintain. The proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would. Approval of this deviation request is consistent with the aforementioned Board of County Commissioner and CRA resolutions. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #3 seeks relief from LDC Section 4.02.16.F.3 which states, "A shared 10 -foot wide landscape buffer with each adjacent property contributing a minimum of 5 feet is required between BMUD -NC and BMUD -W Subdistricts abutting commercial zoned districts or abutting BMUD -NC or BMUD -W Subdistricts. However, the equivalent buffer area square footage may be provided in the form of landscaped and hardscaped courtyards, mini - plazas, outdoor eating areas, and building Page 17 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 foundation planting areas." The alternative will allow a 10 -foot wide alternative "A" buffer on Tract "A" adjacent to the commercial parcel to the north and on Tracts "A" and "C" adjacent to the C -2- BMUD-NC zoned portion of the vacant property as shown on "Exhibit "C" page 2 of 6. Petitioner's Rationale: This deviation is requested due to the existing lake on the adjacent property which has frontage along Bayshore Drive. This adjacent property has C- 2- BMUD -NC zoning on the portion of the property fronting Bayshore Drive, including a portion of the existing lake on the site which would require the shared buffer that is proposed through this deviation. The remainder of the portion of the property with the existing lake is zoned MH- BMUD -NC and is currently not buildable due to the lake. This deviation enhances the proposed Mixed Use Planned Unit Development by providing a unified and seamless buffer along the adjacent property. The proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would. Approval of this deviation request is consistent with the aforementioned Board of County Commissioner and CRA resolutions. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #4 seeks relief from LDC Section 4.02.16.A, Table 11 "Design Standards for the BMUD Neighborhood Commercial Subdistrict" which requires a waterfront setback of 25 feet, to allow a minimum waterfront setback of 10 feet (0 feet with bulkhead) as shown on Exhibit "C" page 2 of 6. Lake setbacks are measured from the control elevation established for the lake. Lake setbacks can be reduced from 10 feet to 0 feet subject to the requirements of Section 4.02.05 of the LDC. Petitioner's Rationale: This deviation is requested due to the odd configuration of the existing lake on -site and the proposed compact development of the site. The requested setback is consistent with some of the adjacent properties in the area. This deviation enhances the proposed Mixed Use Planned Unit Development by allowing the design flexibility necessary to construct a viable project within the existing conditions of the site. The proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would. Approval of this deviation request is consistent with the aforementioned Board of County Commissioner and CRA resolutions. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #5 seeks relief from LDC Section 4.02.16.F.2. which states, `Buffers are required between mixed use PUDs, BMUD -NC and BMUD -W Subdistricts that abut residential property. A minimum 10 -foot wide landscaped area shall be required. This area shall include: a six -foot high opaque Page 18 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 masonry wall; a row of trees spaced no more than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall." The alternative will allow a minimum 10 -foot wide buffer with no wall, same number of trees and shrubs; however instead of a single row of shrubs, shrubs shall be planted in groupings along the lake edge and around the building foundation along the northern edge of Tracts A and D. Petitioner's Rationale: This deviation is requested due to the odd configuration of the existing lake on -site, the proposed compact development of the site, and the existing conditions of the area. This deviation has been coordinated with staff and proposes an alternate buffer specific to the parameters of this project. This deviation enhances the proposed Mixed Use Planned Unit Development by allowing the design flexibility necessary to construct a viable project within the existing conditions of the site. The proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would. Approval of this deviation request is consistent with the aforementioned Board of County Commissioner and CRA resolutions. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.O2.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #6 seeks relief from LDC Section 4.02.16.A, Table 11, Design Standards for the BMUD Neighborhood Commercial Subdistrict, which requires that the first floor ceiling shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only. This proposed deviation will remove the maximum height requirement to accommodate potential uses such as a theater, etc. and to remove the requirement for first floor to be commercial uses only. Petitioner's Rationale: This deviation is requested specifically for the requested theater use on site. As previously mentioned, CRA Resolution No. 08 -60 recommended the Collier County Board of County Commissions create by ordinance a Cultural District to encourage the creation, renovations and adaption of facilities for cultural arts activities. The proposed theater use is consistent with the Bayshore Cultural District Needs Assessment. Additionally, a staff initiated Growth Management Plan Amendment adopted on November 21, 2011 eliminates the one -story height maximum of 14 feet from the GMP. The proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.O2.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Page 19 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 9, 2012 Deviation #7 seeks relief from LDC Section 4.02.03.A. Table 3, number 3 which requires a minimum building separation for multistory parking structures of "1 foot of accessory height = 1 foot of building separation ", to allow a 0' building separation to allow for a commercial building to abut or attach to a parking structure. Petitioner's Rationale: This deviation is requested due to the proposed conceptual plans that have been developed for the subject property. The conceptual plans proposed for the site have been developed consistent with the previously mentioned Collier County Board of County Commissioners Resolutions and CRA Resolution No. 08 -60 regarding the Cultural District. The proposed design allows abutting/attached uses to the proposed parking structure. The proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would and additionally by providing flexibility to enhance Architectural design in the proposed Mixed Use Planned Unit Development. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard this petition on February 1, 2012, and voted 5 -0 to approve this petition subject to the following stipulations: Lighting shall be prohibited along the proposed boardwalk. 2. The applicant shall incorporate Low Impact Development standards into the design of the development where appropriate. 3. The applicant shall contact the Parks and Recreation Department or other appropriate County Agency to provide an overview of the proposed project and propose the concept of the County planting the necessary plants to improve the littoral zones of Sugden Lake on its westerly side to improve nesting habitat for birds. 4. Herbicide applications occur only during the dry months. 5. All required monitoring reports shall be submitted for a period of 5 years following the completion of construction. Staff is in agreement with all of the stipulations except 3 and 4. Staff is not in agreement with stipulation 3 because Sugden Lake is not located within the boundaries of the subject property and the Cultural Arts Village at Bayshore MPUD property owner has no authority over other people's property. Page 20 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 Staff is in agreement with all of the stipulations except 3 and 4. Staff is not in agreement with stipulation 3 because Sugden Lake is not located within the boundaries of the subject property and the Cultural Arts Village at Bayshore MPUD property owner has no authority over other people's property. Staff is not in agreement with stipulation 4 because Herbicide Applicators must abide the conditions of their licensure and it is Staff's recommendation that they do so. EAC Stipulations of Approval have been made conditions of approval of the Cultural Arts Village MPUD. Staff requests that the CCPC specify which EAC conditions they would recommend forwarding to the BCC for approval. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held the required NIM on January 18, 2012, at 5:30 p.m. at the Bayshore /Gateway Triangle CRA (Community Redevelopment Agency), 4069 Bayshore Drive, Naples, Florida. In attendance were the applicant's team and county staff along with 37 people from the public. Please see Attachment B, Neighborhood Information Meeting Synopsis, prepared by Jean Jourdan, Principal Planner, Bayshore /Gateway Triangle CRA. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDZ- PL2010 -0592, revised on April 4, 2012. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ- PL2010 -0592 to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: 1. Lighting shall be prohibited along the proposed boardwalk. 2. The applicant shall incorporate Low Impact Development standards into the design of the where appropriate. 3. All required monitoring reports shall be submitted annually for a period of 5 years following the completion of construction. Page 21 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 PREPARED BY: - W1 AA Ilk (11 AA �" NANCY G IMENT H, AICP, PRINCIPAL PLANNER GROWTH DIVISION REVIEWED BY: RAYM D V. BELLOWS, ZONING MANAGER GROWTH MANAGEMENT DIVISION WILLIkM D. LORENZ, Jr., P.E., bIRP-CTOR GROWTH MANAGEMENT DIVISION BY: NICK CASALANG GROWTH MANA( •S Attachments: A. Ordinance B. Neighborhood Information Meeting Synopsis C: Master Plan Set (Sheets 1 through 5) D: Letters of Support E: Letter of Objection Vv" o X12, DATE Z91 2012 DATE 4[41iz- J ATE DATE Tentatively scheduled for the June 12, 2012, Board of County Commissioners Meeting Page 22 of 22 PUDZ- PL2010 -0592, CULTURAL ARTS VILLAGE AT BAYSHORE MPUD April 5, 2012 ORDINANCE NO. 12 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE COMMERCIAL CONVENIENCE ZONING DISTRICT (C- 2- BMUD -NC) AND THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE GENERAL COMMERCIAL ZONING DISTRICT (C- 4- BMUD -NC) AND THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE MOBILE HOME ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE CULTURAL ARTS VILLAGE AT BAYSHORE MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 40 RESIDENTIAL DWELLING UNITS AND UP TO 48,575 SQUARE FEET OF COMMERCIAL LAND USES, UP TO 84,000 SQUARE FEET OF PARKING GARAGE AND A 350 SEAT THEATRE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 17.89 + /- ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Community Redevelopment Agency, represented by Banks Engineering and Pizzuti Solutions LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 50 South, Range 25 East, Collier County, Florida, is changed from the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Commercial Convenience Zoning District (C- 2- BMUD -NC) and the Neighborhood Commercial Subdistrict of Cultural Arts Village / PUDZ- PL2010 -592 Revised 3/29/12 Page 1 of 2 Attachment A the Bayshore Drive Mixed Use Overlay District of the General Commercial Zoning District (C -4- BMUD-NC) and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Mobile Home Zoning District to a Mixed Use Planned Unit Development (MPUD), to allow construction of a maximum of 40 residential dwelling units and up to 48,575 square feet of commercial land uses, up to 84,000 square feet of parking garage and a 350 seat theatre in accordance with Exhibits A through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: l.� Heidi Ashton -Cicko Section Chief, Land Use /Transportation Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F CP \10- CPS - 01023 \41 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN FRED W. COYLE, Chairman Permitted Uses Development Standards Master Plan Legal Description List of Requested Deviations List of Developer Commitments Cultural Arts Village / PUDZ- PL2010 -592 Revised 3/29/12 Page 2 of 2 EXHIBIT A FOR CULTURAL ARTS VILLAGE AT BAYSHORE MPUD PERMITTED USES The Cultural Arts Village at Bayshore MPUD (Mixed Use Planned Unit Development) will be developed as a mixed use project within the Bayshore /Gateway Triangle Redevelopment Overlay comprised of a maximum of 40 residential units, 48,575 square feet of gross floor area Commercial uses (including retail, office and medical office) and a 350 -fixed seat Performance Theatre and ancillary uses. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Tracts A, C, D, E, F & G Principal Uses: Page 1 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD Q U 0 w uL U' U TABLE OF PERMITTED USES F_ PERMITTED PRINCIPAL USES: 1 ACCOUNTING SERVICES (8721) X X 2 ADVERTISING AGENCIES (7311) X X AMUSEMENTS AND RECREATION SERVICES (7999- BOAT RENTAL, MINIATURE GOLF COURSE, BICYCLE AND MOPED RENTAL, RENTAL OF BEACH CHAIRS AND ACCESSORIES, X X X X X X CANOE RENTAL, DAY CAMP, EXHIBITION OPERATION, EXPOSITION OPERATION, JUDO INSTRUCTION, KARATE 3 INSTRUCTION, YOGA INSTRUCTION APPAREL & ACCESSORY STORES (5611 -5699) WITH 5,000 SQUARE FEET OR LESS OF GROSS FLOOR AREA IN THE X X 4 PRINCIPAL STRUCTURE ARTIST STUDIOS: PAINTING, DRAWING, GRAPHICS, FINE WOOD WORKING, MIXED MEDIA, FIBER ART (WEAVING), GLASS, CUSTOM JEWELRY, CLAY (CERAMICS /POTTERY), X X X SCULPTURE, PHOTOGRAPHY, DANCE, DRAMA, AND MUSIC 5 (3269) (7335) (7336) (7929) ARCHITECTURAL, ENGINEERING, SURVEYING,SERVICES (0781, X X 6 8711 -8713) 7 ATTORNEY OFFICES & LEGAL SERVICES (8111) X X AUTOMOBILE PARKING, AUTOMOBILE PARKING GARAGES AND PARKING STRUCTURES (7521); LIMITED TO 84,000 SQUARE FEET OR LESS OF GROSS FLOOR AREA IN THE X X PARKING GARAGE OR PARKING STRUCTURE. THIS USE DOES 8 NOT INCLUDE TOW -IN PARKING LOTS OR STORAGE Page 1 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD Page 2 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD Q U p w 'i (D U U U U U U TABLE OF PERMITTED USES F- PERMITTED PRINCIPAL USES: 9 BANKS, CREDIT UNIONS AND TRUSTS (6011 -6099) X X 10 BARBER SHOPS OR COLLEGES (7241) X X 11 BEAUTY SHOPS OR SCHOOLS (7231) X X 12 BED & BREAKFAST FACILITIES (7011) X X 13 BUSINESS SERVICES (7389) X X 14 CHILD DAY CARE SERVICES (8351) X X 15 CHURCHES (8661) X X CIVIC AND CULTURAL FACILITIES; LIMITED TO LESS THAN 16 5,000 SQUARE FEET X X X CIVIC, SOCIAL AND FRATERNAL ASSOCIATIONS (8641); 17 LIMITED TO LESS THAN 5,000 SQUARE FEET X X 18 COMMERCIAL ART AND GRAPHIC DESIGN (7336) X X 19 COMMERCIAL PHOTOGRAPHY (7335) X X COMPUTER AND COMPUTER SOFTWARE STORES (5734); X X 20 LIMITED TO LESS THAN 5,000 SQUARE FEET COMPUTER PROGRAMMING, DATA PROCESSING AND OTHER X X 21 SERVICES (7371 -7379) 22 DANCE STUDIOS, SCHOOLS AND HALLS (7911) X X X DRINKING PLACES (5813), RESTAURANTS, HOTELS AND PRIVATE CLUB, GOLF CLUB, COUNTRY CLUB, OR CIVIC OR X X 23 FRATERNAL CLUB, PURSUANT TO SECTION 5.05.01.A.7, DRUG STORES (5912); LIMITED TO LESS THAN 6,000 SQUARE 24 FEET X X EATING ESTABLISHMENTS AND PLACES (5812) EXCEPT CONTRACT FEEDING, DINNER THEATERS, DRIVE -IN X X X RESTAURANTS, FOOD SERVICES (INSTITUTIONAL), INDUSTRIAL 25 FEEDING; LIMITED TO LESS THAN 6,000 SQUARE FEET 26 EDUCATION SERVICES (8211 -8222) X X X 27 ESSENTIAL SERVICES X X 28 FOOD STORES (5411, 5421 -5499) X X 29 GENERAL MERCHANDISE STORES (5311 -5399) X X GROUP CARE FACILITIES (CATEGORY I AND II, EXCEPT FOR HOMELESS SHELTERS); CARE UNITS, EXCEPT FOR HOMELESS SHELTERS, NURSING HOMES; ASSISTED LIVING FACILITIES PURSUANT TO F.S. 400.402 AND CH. 58A -5 F.A.C.; AND X X CONTINUING CARE RETIREMENT COMMUNITIES PURSUANT TO F.S. 651 AND CH. 4 -193 F.A.C.; ALL SUBJECTTO SECTION 30 5.05.04) Page 2 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD Page 3 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD Q U 0 w L- C7 U U U U U U TABLE OF PERMITTED USES F- PERMITTED PRINCIPAL USES: HARDWARE STORES (5251); LIMITED TO LESS THAN 1,800 X X 31 SQUARE FEET 32 HEALTH SERVICES, OFFICES AND CLINICS (8011 -8049, 8082) X X HOME FURNITURE, FURNISHINGS, EQUIPMENT STORE (5712- X X 33 5719); LIMITED TO LESS THAN 5,000 SQUARE FEET 34 HOTELS AND MOTELS, EXCEPT HOSTELS X X HOUSEHOLD APPLIANCE STORES (5722); LIMITED TO LESS X X 35 THAN 5,000 SQUARE FEET 36 LEGAL SERVICES (8111) X X 37 LIBRARIES (8231) EXCEPT REGIONAL LIBRARIES X X 38 MANAGEMENT SERVICES (8711 -8748) X X 39 MEMBERSHIP ORGANIZATIONS (8699) X X MISCELLANEOUS REPAIR SERVICE (7622, 7629, 7631, 7699) EXCEPT AIRCRAFT, ENGINE, BUSINESS AND OFFICE MACHINES, X X LARGE APPLIANCES, AND WHITE GOODS SUCH AS 40 REFRIGERATORS, AND WASHING MACHINES. MISCELLANEOUS RETAIL SERVICES (5932 -5949, 5992 - 5999); X X X 41 LIMITED TO LESS THAN 5,000 SQUARE FEET 42 MIXED RESIDENTIAL AND COMMERCIAL USES X X X 43 MORTGAGE BANKERS AND LOAN CORRESPONDENTS (6162) X X 44 MOTION PICTURE THEATRE (7832) X X 45 MULTI - FAMILY DWELLINGS X X X 46 MUSEUMS AND ART GALLERIES (8412) X X X 47 MUSICAL INSTRUMENT STORES (5736) X X 48 PAINT STORES (523 1) X X 49 PARKS, PUBLIC OR PRIVATE X X X X X X 50 PERFORMING ARTS THEATER (7922) 350 SEATS X X 51 PERSONAL CREDIT INSTITUTIONS (6141) X X PERSONAL SERVICES (7299); LIMITED TO LESS THAN 5,000 X X 52 SQUARE FEET 53 PHOTOCOPYING AND DUPLICATING SERVICES (7334) X I X 54 PHOTOGRAPHIC STUDIOS (7221) INCLUDING PORTRAIT X I X 55 PHYSICAL FITNESS FACILITIES (7991) X X X X X X PROFESSIONAL OFFICES (6712 -6799, 6411 -6399, 6531, 6541, X X 56 6552, 6553, 8111) PUBLIC ADMINISTRATION (9111 -9199, 9224, 9229, 9311, 9411 -9451, 9511 -9532, 9611 - 9661); LIMITED TO LESS THAN X X 57 5,000 SQUARE FEET Page 3 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD Page 4 of 16 Revision Date: March 22, 2012 PLTDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD Q U p w U_ C7 U V U U U TABLE OF PERMITTED USES Q PERMITTED PRINCIPAL USES: RECORD AND PRERECORDED TAPE STORES (5735) WITH 5,000 SQUARE FEET OR LESS OF GROSS FLOOR AREA IN THE X X 58 PRINCIPAL STRUCTURE REPAIR SHOPS AND RELATED SERVICES, NOT ELSEWHERE 59 CLASSIFIED (7699) EXCEPT ENGINE REPAIR. X X 60 RESIDENTIAL USES X X 61 RETAIL SERVICES - MISCELLANEOUS (5912, 5942 -5961) X X SCHOOLS AND EDUCATION SERVICES, ART, CERAMIC, DRAMA, 62 MUSIC (8299) X X X SECURITY BROKERS, DEALERS, EXCHANGES, SERVICES (6211- 63 6289) X X 64 SHOE REPAIR SHOPS OR SHOESHINE PARLORS (7251) X X 65 SINGLE - FAMILY DWELLINGS X X 66 TAX RETURN PREPARATION SERVICES (7291) X X THEATRICAL PRODUCERS AND MISCELLANEOUS THEATRICAL SERVICES, INDOOR (7922 -7929, INCLUDING BANDS, X X 67 ORCHESTRAS AND ENTERTAINERS; EXCEPT MOTION PICTURE) 68 TOWNHOUSES X X X TRAVEL AGENCIES (4724, NO OTHER TRANSPORTATION 69 SERVICES) X X 70 TWO- FAMILY DWELLING UNIT X X X UNITED STATES POSTAL SERVICE (4311) EXCLUDES MAJOR 71 DISTRIBUTION CENTER X X VETERINARIAN'S OFFICE (0742) EXCLUDES OUTDOOR 72 KENNELING X X 73 VIDEOTAPE RENTAL (7841) X X 74 VOCATIONAL SCHOOLS, COMMERCIAL ART SCHOOLS (8249) X X X WALLPAPER STORES (5231); LIMITED TO LESS THAN 5,000 75 SQUARE FEET X X ANY OTHER INTERMEDIATE COMMERCIAL USE WHICH IS COMPARABLE IN NATURE WITH THE FOREGOING LIST OF X X X 76 PERMITTED USES. Page 4 of 16 Revision Date: March 22, 2012 PLTDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD B. Tracts A, C, D, E, F & G Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: C. Preserve Tract "B" Permitted Principal Uses: 1. Parks, passive recreational areas. 2. Native preserves and wildlife sanctuaries. Permitted Accessory Uses: 1. Biking, hiking, and nature trails, and boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 2. Water management structures. D. Interim Uses for all Tracts (Excluding Tract "B "): 1. Community events such as, but not limited to, festivals. Page 5 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD Q U 0 w Ll- C7 U U U U U U ~ TABLE OF PERMITTED USES (cont'd) F F- ~ PERMITTED ACCESSORY USES: OUTSIDE STORAGE OR DISPLAY OF MERCHANDISE WHEN SPECIFICALLY PERMITTED FOR A USE, OTHERWISE PROHIBITED, X X X X X X 1 SUBJECT TO SECTION 4.02.12. 2 PLAY AREAS AND PLAYGROUNDS X x X x X X C. Preserve Tract "B" Permitted Principal Uses: 1. Parks, passive recreational areas. 2. Native preserves and wildlife sanctuaries. Permitted Accessory Uses: 1. Biking, hiking, and nature trails, and boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 2. Water management structures. D. Interim Uses for all Tracts (Excluding Tract "B "): 1. Community events such as, but not limited to, festivals. Page 5 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD E. Proposed Mixed Use Planned Unit Development Uses: USE ACRES % of Site TRACT "A" RESIDENTIAL UNITS: 40 COMMERCIAL: 35,000 SF PERFORMING ARTS THEATRE: 350 SEATS 7.72 43% CLASSROOMS /STUDIOS: 925 SF ADMINISTRATIVE OFFICES: 1,650 SF PARKING GARAGE: 84,000 SF TRACT "B" REQUIRED NATIVE VEGETATION PRESERVE 0.56 3% TRACT "C" COMMERCIAL /COMMUNITY BUILDING: 11,000 1.18 7% SF TRACT "D" COMMUNITY PAVILION, RECREATION, COMMUNITY OR PUBLIC USE, PEDESTRIAN 0.87 5% ACCESSWAYS /BOARDWALK TRACT "E" RECREATION, COMMUNITY OR PUBLIC USE, 1.68 9% PEDESTRIAN ACCESSWAYS /BOARDWALK TRACT "F" RECREATION, COMMUNITY OR PUBLIC USE, 2.82 16% OPEN SPACE TRACT "G" RECREATION, COMMUNITY OR PUBLIC USE, 3.06 17% OPEN SPACE TOTAL 17.89 100% Page 6 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD EXHIBIT B FOR CULTURAL ARTS VILLAGE AT BAYSHORE MPUD DEVELOPMENT STANDARDS Table 1 below sets forth the development standards for land uses within the Mixed Use PUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Collier County Land Development Code (LDC) in effect as of the date of approval of the Site Development Plan or Subdivision plat. GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and /or homeowners' association boundaries shall not be utilized for determining development Standards. TABLE 1 MPUD DEVELOPMENT STANDARDS Page 7 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA N/A MINIMUM LOT WIDTH N/A MINIMUM YARDS external From Ba shore Drive 10 feet SPS From North Property Line 15 feet SPS From South Property Line 15 feet SPS From East Property Line Tract 15 feet SPS «C„ MINIMUM YARDS (internal) SPS Internal Drives /ROW /Property 5 feet SPS lines Internal Lake (1) 20 feet / 0 feet when utilizing a bulkhead (see 0 feet (see deviation 4) deviation 4 Rear 20 feet 10 feet Side 5 feet SPS MINIMUM DISTANCE 1 -story to 1 -story: 12' SPS BETWEEN STRUCTURES 1 -story to 2 -story: 13.5' 2 -story to 2 -story: 15' 2 -story to 3 -story: 17.5' 3 -story to 3 -story: 20' 3 -story to 4 -story: 20' 4-story to 4-story: 20' Principal /Accessory setbacks 25' 10' to preserve Tract "B" Page 7 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD (1) Lake setbacks are measured from the control elevation established for the lake. Lake setbacks can be reduced from 10 feet to 0 feet subject to the requirements of Section 4.02.05 of the LDC. Note: "SPS" refers to `same as principal' structure. Building Standards Building Design 1. Building facades facing the intersecting east -west streets with Bayshore Drive shall have the same architectural design treatment as the building fagade facing Bayshore Drive. 2. Buildings containing commercial and residential uses are required to have a minimum depth of 35 feet. The remaining depth of the lot may be used for parking. Maximum square footage A building with commercial use only is limited to a maximum gross building foot _print of 20,000 square feet. Minimum floor area 700 square foot gross floor area for each unit, residential or commercial Maximum Height Commercial Use Only: Maximum Height of Buildings Zoned: 42.0 feet, not to exceed 3 stories (consistent with current Land Development Code) Actual: 56.0 feet, not to exceed 3 stories (consistent with current Land Development Code Residential Use Only: Maximum Height of Buildings Zoned: 42.0 feet, not to exceed 3 stories (consistent with current Land Development Code) Actual: 56.0 feet, not to exceed 3 stories (consistent with current Land Development Code Mixed Use: Residential on top of Commercial Uses Zoned: 56.0 feet, not to exceed 4 stories. Only the first two floors shall be used for commercial uses. (consistent with current Land Development Code) Actual: 72.0 feet, not to exceed 4 stories. Only the first two floors shall be used for commercial uses. consistent with current Land Development Code Ceilinq Height: The first floor ceiling shall be no less than 12 feet in height from the finished floor to the finished ceiling with the exception of potential uses such as theater, etc. see Deviation 6 Maximum Residential Density: 40 dwelling units Page 8of16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD GENERAL: Remaining Design Standards shall be in accordance with the Design Standards for Development in the Bayshore MPUD Neighborhood Commercial Subdistrict, LDC Section 4.02.16.13, C, D, E, F, G, H and I, with the exception of requested deviations. Cross - access easements or shared parking commitments shall be required if separately owned tracts are established, so that all parking facilities serve as common facilities to both commercial and residential development. Project phasing — It is understood that the development is likely to be realized over a number of phases, the first of which will be determined at the time of Site Development Plan submission. Page 9 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD F17 U N"l 4 W W X LO W W Q c 30' INGRESS /ECAT EASEMENT I C- 4- 9YLD -x( (10 BE REMOVE ➢) Y11 -01M1O-R1 OORHEM , ERSS LyuulQ.0 ERSfRXC R[sDFRnAL MANOR 3 r '•v ^ 4 5' w YRI ]y i 1 6 Y p5 4i3) P( TIER �' i RCJIOENnN. I 5'hRiTARt9 IV4.1 '� ; j R M11 CONCEPIYIAL PARKIAC AREA (10 INCLUDC PARKINII 1 WMPSTER PADS LOADING 1 ZONES AND OrNER PARKIND 1 ~ IAn wT a o-Jw..EaruWr -xc r+y = /]rwo-nc O 18• 0.0. 10• TYPE `A• C' 1 9uPPER O I 101 IO} WF9A.O -RJ < INE MM1RM Z)J QOSiNG 1 W Il` \; a (NE !sr IEJ' TYPE -A• m� ""L • 5 +; VACANT PROPERTY BUFFER i CONCEPTUAL TE).Ui(C IATE) PARXlA'0 AREA )O (TO I CLUOE PARKIN/, _DUMPS 10' IL4NOR PADS. LDAOWO zoom AND OTNEE A:WI E -A` .I. _ I PARIONG RELATED BUFflOi 1.1t _IK SANITADV \ \ \\ `F t O.LtI POD - a� EX(SIING 10.6' 8U R[sMExnu 1 t CT' {SANITARY. li I.„y SERER. C'^ •; I NNC I ,s� t 7NDVD yPp�7 BLVD fOStW3 P((JJ I ZZ IJ,ti S 0 L 0 T 1 0 N S 9 IItlIIIIISBII 111'811I 989 ENGINEER ( G �1, . u4n••rum.rxy ' \aPPS O r!v PROIP CT f- PURLIC SPACES __L y j LINE . LNSwR1 � � CXSIWG RESA'N94 3 NO`QUPRER ! {g TRACT TRACT "Ell � �� n 1 a°/ �e9• ,V I + I W�LESIAVG TARE) NO? IAA 3 9NA .' PUPM 10910 ] I 9 I I iTRACT 11ArI 11 i I CONCEMAL PARATNG AREA -' XrmtW�Tler._ I i 1 i ' / n r/ r TRACT / yp 1 VRISMCRONAL' NEMND LWC` •// / I rj . / I (, tAPnK 1(ArE 1'. W' SITE DATA ' PLV PARK EXISTING USEI VACANT CASTING ZONING: MH- BMUD -NC, C- 2- BMUD -NC & C- 4- BMUD -NC PROPOSED MIXED USE PLANNED UNIT DEVELOPMENT USES: USE ACRES TRACT 'A" 7.72 AC 43X RESIDENTIAL UNITS: 40 COMMERCIAL : 35,000 SF PERFORMING ARTS THEATRE: 350 SEATS CLASSROOMS/STUOOS: 925 SF ADMINISTRATIVE OFFICES 1,650 SF PARKING GARAGE 84,000 SF IS TRACT •B" 0,56 AC 3x REQUIRED NATIVE VEGETATION PRESERVE TRACT 'C 1.18 AC 7x COMMERCIAL/COMMUNITY BUILDING: 11.tlOtl SF •� TRACT •D' 0.87 AC 5% COMMUNITY PAVILION, RECREATION, COMMUNITY OR PUBUC USE, PEDESTRIAN ACCESSWAYS/BOARDWALK Iy TRACT "E' 1.88 AC 9X RECREATION, COMMUNITY OR PUBLIC USE, PEDESTRIAN ACCESSWAYS/80ARDWALK TRACT •f 2.82 AC 16% RECREATION. COMIAUERTY OR PUBUC USE, OPEN SPACE TRACT 'Ti 3.06 AC 17X RECREATION, COMMUNITY OR PUBLIC USE, OPEN SPACE TOTAL- 17.89 AC 100% OPEN SPACE REQUIRED: 17.89 AC x 3OX a 5.37 ACRES PROVIDED. 5.39 AC (30%) CONSISTING OF OPEN WATER & NATIVE VEGETATION PRESERVE -SEE LEGEND NATIVE VEGETATION RESERVE EXISTING NATIVE GETATION ON -SITE: 2.2 ACRES REQUIRED NATIVE VEGETATION PRESERVE: 2.2 AC R 25X - 0.55 AC NJO PROVIDED NATIVE VEGETATION PRESERVE: 0.55 AC (TRACT B% PARK N 10' WIDE (DMUD) OVERTdVJ 10` WIDE (DI OVERUAY 151w6 R1�DDNTIk I D V 1 3E0 BUFFER - 402.19 2 BUFFER - I " CONCEPTUAL BUILDING FOOTPRINT i P() R 02.19P(2) ' N01E XW6DN0 OnIENS10NS A O w1w Or 9[A DIN03 WAY VARY TO MEET r i YARNEI —TIDNS AND ""Po— USES (ARIA 10 INCLUDE 6JRODJ4X 1 ROATLU UW]6) & LOADWD a Cl PAArWG AND OTHER 9Un1RN0 X -------- 1 PROPOSED BUILDING FOOTPRINT LIMITS AND NOTES: 1 CONCEPTUAL PARKING LIMITS FOR TRACTS "A.VeU" PROPOSED BUFFER DEVIATION 1) PREVIOUS AND RECENT USES OF LAND: ANTI BUFFER DEVIATION NUMBER A. TRACT "C" WAS PREVMSLY: HUBERES WELDING & REPAIR FACILITY PROPOSED APPROXIMATE RU. AREA (LAKE) DC 'D RECENTLY: STRUCTURES HAVE BEEN REMOVED AND TIIE SITE IS ycl NOW VACANT LAND USED FOR FESTIVALS AND EVENTS D PROPOSED NA" VEGETATION PRESERVE B. TRACTS "A" AND "D" EXISTING LAKE PREVIOUSLY: PARTIAL BORROW. LAKE AND VACANT LAND. RECENTLY-. VACANT LAND, LAKE AND VEGETATION USED FOR 'PROPOSED OPEN SPACE FESTIVALS AND EVENTS, C. TRACTS W. 'E ", 'F", AND "G" "OPEN SPACE (30%) TOTAL WERE PREVIOUSLY. PARTIAL BORROW. LAKE AND VEGETATION AND REMAIN. INGRESS/EGRESS 2) JURISDICTIONAL WETLAND LINES ARE PREUMINARY. FINAL JURISDICTIONAL WETLAND LINES WILL BE ESTABLISHED DURING THE S.F.W.M.D. PROCESS. 3) A 20' LAKE MAINTENANCE EASEMENT WILL BE PROVIDED, AS REQUIRED, =====C> APPROXIMATE ACCESS POINTS ADJACENT TO ALL LAKES OR PONDS, UNLESS A BULKHEAD IS UTILIZED. 4) THIS PLAN IS CONCEPTUAL IN NATURE AND SUBJECF TO MODIFICATION 1� PROPOSED DEMA71ONS AT TIME OF SDP APPROVAL A# SEE SHED 2 A 3 5) SEE SHEET 05 FOR PEDESTRIAN & SIDEWALK PLAN. B) (SEE SHEETS & 3 & 4 F01 DEVIATIONS AND CROSS SECTIONS) 7) ACCESS POINTS ARE CONCEPTUAL NUMBER AND LIGATION WU BE REVISION DATE: JANUARY 25. 2012 ,cuLTuRAL VILLAGE Ar BAYSFIGRE. PUDZ- PL2010 -502 DETERMINED AT PLAT OR SOP (SITE DEVELOPMENT PLAN) APPROVAL BAN KS'x MPUD CONCEPTUAL MASTER SITE PLAN THE PIZZUTI COMPANIES =r'" CULTURAL ARTS VILLAGE AT BAYSHORE ` °� ENGINEERING COWER COUNTY, FLORIDA S n TT- _taWNAPak _', , rxoxD 11 r:.4.w,.r�y,. -.. w.n...trw. ,www.nm nuc w,u� rwawc was a'w:: .sxtut uNr s,m1 +a. IFa.q ren ( +�ij sw -sosi Of- 4n -tA10 ]'D4 _I11pMA ORk 9JE iRR 1` � 80• 1 a1 E w i o. I 0 E ak TL 0 0 W W IAn wT a o-Jw..EaruWr -xc r+y = /]rwo-nc O 18• 0.0. 10• TYPE `A• C' 1 9uPPER O I 101 IO} WF9A.O -RJ < INE MM1RM Z)J QOSiNG 1 W Il` \; a (NE !sr IEJ' TYPE -A• m� ""L • 5 +; VACANT PROPERTY BUFFER i CONCEPTUAL TE).Ui(C IATE) PARXlA'0 AREA )O (TO I CLUOE PARKIN/, _DUMPS 10' IL4NOR PADS. LDAOWO zoom AND OTNEE A:WI E -A` .I. _ I PARIONG RELATED BUFflOi 1.1t _IK SANITADV \ \ \\ `F t O.LtI POD - a� EX(SIING 10.6' 8U R[sMExnu 1 t CT' {SANITARY. li I.„y SERER. C'^ •; I NNC I ,s� t 7NDVD yPp�7 BLVD fOStW3 P((JJ I ZZ IJ,ti S 0 L 0 T 1 0 N S 9 IItlIIIIISBII 111'811I 989 ENGINEER ( G �1, . u4n••rum.rxy ' \aPPS O r!v PROIP CT f- PURLIC SPACES __L y j LINE . LNSwR1 � � CXSIWG RESA'N94 3 NO`QUPRER ! {g TRACT TRACT "Ell � �� n 1 a°/ �e9• ,V I + I W�LESIAVG TARE) NO? IAA 3 9NA .' PUPM 10910 ] I 9 I I iTRACT 11ArI 11 i I CONCEMAL PARATNG AREA -' XrmtW�Tler._ I i 1 i ' / n r/ r TRACT / yp 1 VRISMCRONAL' NEMND LWC` •// / I rj . / I (, tAPnK 1(ArE 1'. W' SITE DATA ' PLV PARK EXISTING USEI VACANT CASTING ZONING: MH- BMUD -NC, C- 2- BMUD -NC & C- 4- BMUD -NC PROPOSED MIXED USE PLANNED UNIT DEVELOPMENT USES: USE ACRES TRACT 'A" 7.72 AC 43X RESIDENTIAL UNITS: 40 COMMERCIAL : 35,000 SF PERFORMING ARTS THEATRE: 350 SEATS CLASSROOMS/STUOOS: 925 SF ADMINISTRATIVE OFFICES 1,650 SF PARKING GARAGE 84,000 SF IS TRACT •B" 0,56 AC 3x REQUIRED NATIVE VEGETATION PRESERVE TRACT 'C 1.18 AC 7x COMMERCIAL/COMMUNITY BUILDING: 11.tlOtl SF •� TRACT •D' 0.87 AC 5% COMMUNITY PAVILION, RECREATION, COMMUNITY OR PUBUC USE, PEDESTRIAN ACCESSWAYS/BOARDWALK Iy TRACT "E' 1.88 AC 9X RECREATION, COMMUNITY OR PUBLIC USE, PEDESTRIAN ACCESSWAYS/80ARDWALK TRACT •f 2.82 AC 16% RECREATION. COMIAUERTY OR PUBUC USE, OPEN SPACE TRACT 'Ti 3.06 AC 17X RECREATION, COMMUNITY OR PUBLIC USE, OPEN SPACE TOTAL- 17.89 AC 100% OPEN SPACE REQUIRED: 17.89 AC x 3OX a 5.37 ACRES PROVIDED. 5.39 AC (30%) CONSISTING OF OPEN WATER & NATIVE VEGETATION PRESERVE -SEE LEGEND NATIVE VEGETATION RESERVE EXISTING NATIVE GETATION ON -SITE: 2.2 ACRES REQUIRED NATIVE VEGETATION PRESERVE: 2.2 AC R 25X - 0.55 AC NJO PROVIDED NATIVE VEGETATION PRESERVE: 0.55 AC (TRACT B% PARK N 10' WIDE (DMUD) OVERTdVJ 10` WIDE (DI OVERUAY 151w6 R1�DDNTIk I D V 1 3E0 BUFFER - 402.19 2 BUFFER - I " CONCEPTUAL BUILDING FOOTPRINT i P() R 02.19P(2) ' N01E XW6DN0 OnIENS10NS A O w1w Or 9[A DIN03 WAY VARY TO MEET r i YARNEI —TIDNS AND ""Po— USES (ARIA 10 INCLUDE 6JRODJ4X 1 ROATLU UW]6) & LOADWD a Cl PAArWG AND OTHER 9Un1RN0 X -------- 1 PROPOSED BUILDING FOOTPRINT LIMITS AND NOTES: 1 CONCEPTUAL PARKING LIMITS FOR TRACTS "A.VeU" PROPOSED BUFFER DEVIATION 1) PREVIOUS AND RECENT USES OF LAND: ANTI BUFFER DEVIATION NUMBER A. TRACT "C" WAS PREVMSLY: HUBERES WELDING & REPAIR FACILITY PROPOSED APPROXIMATE RU. AREA (LAKE) DC 'D RECENTLY: STRUCTURES HAVE BEEN REMOVED AND TIIE SITE IS ycl NOW VACANT LAND USED FOR FESTIVALS AND EVENTS D PROPOSED NA" VEGETATION PRESERVE B. TRACTS "A" AND "D" EXISTING LAKE PREVIOUSLY: PARTIAL BORROW. LAKE AND VACANT LAND. RECENTLY-. VACANT LAND, LAKE AND VEGETATION USED FOR 'PROPOSED OPEN SPACE FESTIVALS AND EVENTS, C. TRACTS W. 'E ", 'F", AND "G" "OPEN SPACE (30%) TOTAL WERE PREVIOUSLY. PARTIAL BORROW. LAKE AND VEGETATION AND REMAIN. INGRESS/EGRESS 2) JURISDICTIONAL WETLAND LINES ARE PREUMINARY. FINAL JURISDICTIONAL WETLAND LINES WILL BE ESTABLISHED DURING THE S.F.W.M.D. PROCESS. 3) A 20' LAKE MAINTENANCE EASEMENT WILL BE PROVIDED, AS REQUIRED, =====C> APPROXIMATE ACCESS POINTS ADJACENT TO ALL LAKES OR PONDS, UNLESS A BULKHEAD IS UTILIZED. 4) THIS PLAN IS CONCEPTUAL IN NATURE AND SUBJECF TO MODIFICATION 1� PROPOSED DEMA71ONS AT TIME OF SDP APPROVAL A# SEE SHED 2 A 3 5) SEE SHEET 05 FOR PEDESTRIAN & SIDEWALK PLAN. B) (SEE SHEETS & 3 & 4 F01 DEVIATIONS AND CROSS SECTIONS) 7) ACCESS POINTS ARE CONCEPTUAL NUMBER AND LIGATION WU BE REVISION DATE: JANUARY 25. 2012 ,cuLTuRAL VILLAGE Ar BAYSFIGRE. PUDZ- PL2010 -502 DETERMINED AT PLAT OR SOP (SITE DEVELOPMENT PLAN) APPROVAL BAN KS'x MPUD CONCEPTUAL MASTER SITE PLAN THE PIZZUTI COMPANIES =r'" CULTURAL ARTS VILLAGE AT BAYSHORE ` °� ENGINEERING COWER COUNTY, FLORIDA S n TT- _taWNAPak _', , rxoxD 11 r:.4.w,.r�y,. -.. w.n...trw. ,www.nm nuc w,u� rwawc was a'w:: .sxtut uNr s,m1 +a. IFa.q ren ( +�ij sw -sosi Of- 4n -tA10 ]'D4 _I11pMA ORk 9JE iRR 1` � 80• 1 a1 E w i o. I 0 E ak TL 0 0 W W `F t O.LtI POD - a� EX(SIING 10.6' 8U R[sMExnu 1 t CT' {SANITARY. li I.„y SERER. C'^ •; I NNC I ,s� t 7NDVD yPp�7 BLVD fOStW3 P((JJ I ZZ IJ,ti S 0 L 0 T 1 0 N S 9 IItlIIIIISBII 111'811I 989 ENGINEER ( G �1, . u4n••rum.rxy ' \aPPS O r!v PROIP CT f- PURLIC SPACES __L y j LINE . LNSwR1 � � CXSIWG RESA'N94 3 NO`QUPRER ! {g TRACT TRACT "Ell � �� n 1 a°/ �e9• ,V I + I W�LESIAVG TARE) NO? IAA 3 9NA .' PUPM 10910 ] I 9 I I iTRACT 11ArI 11 i I CONCEMAL PARATNG AREA -' XrmtW�Tler._ I i 1 i ' / n r/ r TRACT / yp 1 VRISMCRONAL' NEMND LWC` •// / I rj . / I (, tAPnK 1(ArE 1'. W' SITE DATA ' PLV PARK EXISTING USEI VACANT CASTING ZONING: MH- BMUD -NC, C- 2- BMUD -NC & C- 4- BMUD -NC PROPOSED MIXED USE PLANNED UNIT DEVELOPMENT USES: USE ACRES TRACT 'A" 7.72 AC 43X RESIDENTIAL UNITS: 40 COMMERCIAL : 35,000 SF PERFORMING ARTS THEATRE: 350 SEATS CLASSROOMS/STUOOS: 925 SF ADMINISTRATIVE OFFICES 1,650 SF PARKING GARAGE 84,000 SF IS TRACT •B" 0,56 AC 3x REQUIRED NATIVE VEGETATION PRESERVE TRACT 'C 1.18 AC 7x COMMERCIAL/COMMUNITY BUILDING: 11.tlOtl SF •� TRACT •D' 0.87 AC 5% COMMUNITY PAVILION, RECREATION, COMMUNITY OR PUBUC USE, PEDESTRIAN ACCESSWAYS/BOARDWALK Iy TRACT "E' 1.88 AC 9X RECREATION, COMMUNITY OR PUBLIC USE, PEDESTRIAN ACCESSWAYS/80ARDWALK TRACT •f 2.82 AC 16% RECREATION. COMIAUERTY OR PUBUC USE, OPEN SPACE TRACT 'Ti 3.06 AC 17X RECREATION, COMMUNITY OR PUBLIC USE, OPEN SPACE TOTAL- 17.89 AC 100% OPEN SPACE REQUIRED: 17.89 AC x 3OX a 5.37 ACRES PROVIDED. 5.39 AC (30%) CONSISTING OF OPEN WATER & NATIVE VEGETATION PRESERVE -SEE LEGEND NATIVE VEGETATION RESERVE EXISTING NATIVE GETATION ON -SITE: 2.2 ACRES REQUIRED NATIVE VEGETATION PRESERVE: 2.2 AC R 25X - 0.55 AC NJO PROVIDED NATIVE VEGETATION PRESERVE: 0.55 AC (TRACT B% PARK N 10' WIDE (DMUD) OVERTdVJ 10` WIDE (DI OVERUAY 151w6 R1�DDNTIk I D V 1 3E0 BUFFER - 402.19 2 BUFFER - I " CONCEPTUAL BUILDING FOOTPRINT i P() R 02.19P(2) ' N01E XW6DN0 OnIENS10NS A O w1w Or 9[A DIN03 WAY VARY TO MEET r i YARNEI —TIDNS AND ""Po— USES (ARIA 10 INCLUDE 6JRODJ4X 1 ROATLU UW]6) & LOADWD a Cl PAArWG AND OTHER 9Un1RN0 X -------- 1 PROPOSED BUILDING FOOTPRINT LIMITS AND NOTES: 1 CONCEPTUAL PARKING LIMITS FOR TRACTS "A.VeU" PROPOSED BUFFER DEVIATION 1) PREVIOUS AND RECENT USES OF LAND: ANTI BUFFER DEVIATION NUMBER A. TRACT "C" WAS PREVMSLY: HUBERES WELDING & REPAIR FACILITY PROPOSED APPROXIMATE RU. AREA (LAKE) DC 'D RECENTLY: STRUCTURES HAVE BEEN REMOVED AND TIIE SITE IS ycl NOW VACANT LAND USED FOR FESTIVALS AND EVENTS D PROPOSED NA" VEGETATION PRESERVE B. TRACTS "A" AND "D" EXISTING LAKE PREVIOUSLY: PARTIAL BORROW. LAKE AND VACANT LAND. RECENTLY-. VACANT LAND, LAKE AND VEGETATION USED FOR 'PROPOSED OPEN SPACE FESTIVALS AND EVENTS, C. TRACTS W. 'E ", 'F", AND "G" "OPEN SPACE (30%) TOTAL WERE PREVIOUSLY. PARTIAL BORROW. LAKE AND VEGETATION AND REMAIN. INGRESS/EGRESS 2) JURISDICTIONAL WETLAND LINES ARE PREUMINARY. FINAL JURISDICTIONAL WETLAND LINES WILL BE ESTABLISHED DURING THE S.F.W.M.D. PROCESS. 3) A 20' LAKE MAINTENANCE EASEMENT WILL BE PROVIDED, AS REQUIRED, =====C> APPROXIMATE ACCESS POINTS ADJACENT TO ALL LAKES OR PONDS, UNLESS A BULKHEAD IS UTILIZED. 4) THIS PLAN IS CONCEPTUAL IN NATURE AND SUBJECF TO MODIFICATION 1� PROPOSED DEMA71ONS AT TIME OF SDP APPROVAL A# SEE SHED 2 A 3 5) SEE SHEET 05 FOR PEDESTRIAN & SIDEWALK PLAN. B) (SEE SHEETS & 3 & 4 F01 DEVIATIONS AND CROSS SECTIONS) 7) ACCESS POINTS ARE CONCEPTUAL NUMBER AND LIGATION WU BE REVISION DATE: JANUARY 25. 2012 ,cuLTuRAL VILLAGE Ar BAYSFIGRE. PUDZ- PL2010 -502 DETERMINED AT PLAT OR SOP (SITE DEVELOPMENT PLAN) APPROVAL BAN KS'x MPUD CONCEPTUAL MASTER SITE PLAN THE PIZZUTI COMPANIES =r'" CULTURAL ARTS VILLAGE AT BAYSHORE ` °� ENGINEERING COWER COUNTY, FLORIDA S n TT- _taWNAPak _', , rxoxD 11 r:.4.w,.r�y,. -.. w.n...trw. ,www.nm nuc w,u� rwawc was a'w:: .sxtut uNr s,m1 +a. IFa.q ren ( +�ij sw -sosi Of- 4n -tA10 ]'D4 _I11pMA ORk 9JE iRR 1` � 80• 1 a1 E w i o. I 0 E ak TL 0 0 W W (, tAPnK 1(ArE 1'. W' SITE DATA ' PLV PARK EXISTING USEI VACANT CASTING ZONING: MH- BMUD -NC, C- 2- BMUD -NC & C- 4- BMUD -NC PROPOSED MIXED USE PLANNED UNIT DEVELOPMENT USES: USE ACRES TRACT 'A" 7.72 AC 43X RESIDENTIAL UNITS: 40 COMMERCIAL : 35,000 SF PERFORMING ARTS THEATRE: 350 SEATS CLASSROOMS/STUOOS: 925 SF ADMINISTRATIVE OFFICES 1,650 SF PARKING GARAGE 84,000 SF IS TRACT •B" 0,56 AC 3x REQUIRED NATIVE VEGETATION PRESERVE TRACT 'C 1.18 AC 7x COMMERCIAL/COMMUNITY BUILDING: 11.tlOtl SF •� TRACT •D' 0.87 AC 5% COMMUNITY PAVILION, RECREATION, COMMUNITY OR PUBUC USE, PEDESTRIAN ACCESSWAYS/BOARDWALK Iy TRACT "E' 1.88 AC 9X RECREATION, COMMUNITY OR PUBLIC USE, PEDESTRIAN ACCESSWAYS/80ARDWALK TRACT •f 2.82 AC 16% RECREATION. COMIAUERTY OR PUBUC USE, OPEN SPACE TRACT 'Ti 3.06 AC 17X RECREATION, COMMUNITY OR PUBLIC USE, OPEN SPACE TOTAL- 17.89 AC 100% OPEN SPACE REQUIRED: 17.89 AC x 3OX a 5.37 ACRES PROVIDED. 5.39 AC (30%) CONSISTING OF OPEN WATER & NATIVE VEGETATION PRESERVE -SEE LEGEND NATIVE VEGETATION RESERVE EXISTING NATIVE GETATION ON -SITE: 2.2 ACRES REQUIRED NATIVE VEGETATION PRESERVE: 2.2 AC R 25X - 0.55 AC NJO PROVIDED NATIVE VEGETATION PRESERVE: 0.55 AC (TRACT B% PARK N 10' WIDE (DMUD) OVERTdVJ 10` WIDE (DI OVERUAY 151w6 R1�DDNTIk I D V 1 3E0 BUFFER - 402.19 2 BUFFER - I " CONCEPTUAL BUILDING FOOTPRINT i P() R 02.19P(2) ' N01E XW6DN0 OnIENS10NS A O w1w Or 9[A DIN03 WAY VARY TO MEET r i YARNEI —TIDNS AND ""Po— USES (ARIA 10 INCLUDE 6JRODJ4X 1 ROATLU UW]6) & LOADWD a Cl PAArWG AND OTHER 9Un1RN0 X -------- 1 PROPOSED BUILDING FOOTPRINT LIMITS AND NOTES: 1 CONCEPTUAL PARKING LIMITS FOR TRACTS "A.VeU" PROPOSED BUFFER DEVIATION 1) PREVIOUS AND RECENT USES OF LAND: ANTI BUFFER DEVIATION NUMBER A. TRACT "C" WAS PREVMSLY: HUBERES WELDING & REPAIR FACILITY PROPOSED APPROXIMATE RU. AREA (LAKE) DC 'D RECENTLY: STRUCTURES HAVE BEEN REMOVED AND TIIE SITE IS ycl NOW VACANT LAND USED FOR FESTIVALS AND EVENTS D PROPOSED NA" VEGETATION PRESERVE B. TRACTS "A" AND "D" EXISTING LAKE PREVIOUSLY: PARTIAL BORROW. LAKE AND VACANT LAND. RECENTLY-. VACANT LAND, LAKE AND VEGETATION USED FOR 'PROPOSED OPEN SPACE FESTIVALS AND EVENTS, C. TRACTS W. 'E ", 'F", AND "G" "OPEN SPACE (30%) TOTAL WERE PREVIOUSLY. PARTIAL BORROW. LAKE AND VEGETATION AND REMAIN. INGRESS/EGRESS 2) JURISDICTIONAL WETLAND LINES ARE PREUMINARY. FINAL JURISDICTIONAL WETLAND LINES WILL BE ESTABLISHED DURING THE S.F.W.M.D. PROCESS. 3) A 20' LAKE MAINTENANCE EASEMENT WILL BE PROVIDED, AS REQUIRED, =====C> APPROXIMATE ACCESS POINTS ADJACENT TO ALL LAKES OR PONDS, UNLESS A BULKHEAD IS UTILIZED. 4) THIS PLAN IS CONCEPTUAL IN NATURE AND SUBJECF TO MODIFICATION 1� PROPOSED DEMA71ONS AT TIME OF SDP APPROVAL A# SEE SHED 2 A 3 5) SEE SHEET 05 FOR PEDESTRIAN & SIDEWALK PLAN. B) (SEE SHEETS & 3 & 4 F01 DEVIATIONS AND CROSS SECTIONS) 7) ACCESS POINTS ARE CONCEPTUAL NUMBER AND LIGATION WU BE REVISION DATE: JANUARY 25. 2012 ,cuLTuRAL VILLAGE Ar BAYSFIGRE. PUDZ- PL2010 -502 DETERMINED AT PLAT OR SOP (SITE DEVELOPMENT PLAN) APPROVAL BAN KS'x MPUD CONCEPTUAL MASTER SITE PLAN THE PIZZUTI COMPANIES =r'" CULTURAL ARTS VILLAGE AT BAYSHORE ` °� ENGINEERING COWER COUNTY, FLORIDA S n TT- _taWNAPak _', , rxoxD 11 r:.4.w,.r�y,. -.. w.n...trw. ,www.nm nuc w,u� rwawc was a'w:: .sxtut uNr s,m1 +a. IFa.q ren ( +�ij sw -sosi Of- 4n -tA10 ]'D4 _I11pMA ORk 9JE iRR 1` � 80• 1 a1 E w i o. I 0 E ak TL 0 0 W W N 10' WIDE (DMUD) OVERTdVJ 10` WIDE (DI OVERUAY 151w6 R1�DDNTIk I D V 1 3E0 BUFFER - 402.19 2 BUFFER - I " CONCEPTUAL BUILDING FOOTPRINT i P() R 02.19P(2) ' N01E XW6DN0 OnIENS10NS A O w1w Or 9[A DIN03 WAY VARY TO MEET r i YARNEI —TIDNS AND ""Po— USES (ARIA 10 INCLUDE 6JRODJ4X 1 ROATLU UW]6) & LOADWD a Cl PAArWG AND OTHER 9Un1RN0 X -------- 1 PROPOSED BUILDING FOOTPRINT LIMITS AND NOTES: 1 CONCEPTUAL PARKING LIMITS FOR TRACTS "A.VeU" PROPOSED BUFFER DEVIATION 1) PREVIOUS AND RECENT USES OF LAND: ANTI BUFFER DEVIATION NUMBER A. TRACT "C" WAS PREVMSLY: HUBERES WELDING & REPAIR FACILITY PROPOSED APPROXIMATE RU. AREA (LAKE) DC 'D RECENTLY: STRUCTURES HAVE BEEN REMOVED AND TIIE SITE IS ycl NOW VACANT LAND USED FOR FESTIVALS AND EVENTS D PROPOSED NA" VEGETATION PRESERVE B. TRACTS "A" AND "D" EXISTING LAKE PREVIOUSLY: PARTIAL BORROW. LAKE AND VACANT LAND. RECENTLY-. VACANT LAND, LAKE AND VEGETATION USED FOR 'PROPOSED OPEN SPACE FESTIVALS AND EVENTS, C. TRACTS W. 'E ", 'F", AND "G" "OPEN SPACE (30%) TOTAL WERE PREVIOUSLY. PARTIAL BORROW. LAKE AND VEGETATION AND REMAIN. INGRESS/EGRESS 2) JURISDICTIONAL WETLAND LINES ARE PREUMINARY. FINAL JURISDICTIONAL WETLAND LINES WILL BE ESTABLISHED DURING THE S.F.W.M.D. PROCESS. 3) A 20' LAKE MAINTENANCE EASEMENT WILL BE PROVIDED, AS REQUIRED, =====C> APPROXIMATE ACCESS POINTS ADJACENT TO ALL LAKES OR PONDS, UNLESS A BULKHEAD IS UTILIZED. 4) THIS PLAN IS CONCEPTUAL IN NATURE AND SUBJECF TO MODIFICATION 1� PROPOSED DEMA71ONS AT TIME OF SDP APPROVAL A# SEE SHED 2 A 3 5) SEE SHEET 05 FOR PEDESTRIAN & SIDEWALK PLAN. B) (SEE SHEETS & 3 & 4 F01 DEVIATIONS AND CROSS SECTIONS) 7) ACCESS POINTS ARE CONCEPTUAL NUMBER AND LIGATION WU BE REVISION DATE: JANUARY 25. 2012 ,cuLTuRAL VILLAGE Ar BAYSFIGRE. PUDZ- PL2010 -502 DETERMINED AT PLAT OR SOP (SITE DEVELOPMENT PLAN) APPROVAL BAN KS'x MPUD CONCEPTUAL MASTER SITE PLAN THE PIZZUTI COMPANIES =r'" CULTURAL ARTS VILLAGE AT BAYSHORE ` °� ENGINEERING COWER COUNTY, FLORIDA S n TT- _taWNAPak _', , rxoxD 11 r:.4.w,.r�y,. -.. w.n...trw. ,www.nm nuc w,u� rwawc was a'w:: .sxtut uNr s,m1 +a. IFa.q ren ( +�ij sw -sosi Of- 4n -tA10 ]'D4 _I11pMA ORk 9JE iRR 1` � 80• 1 a1 E w i o. I 0 E ak TL 0 0 W W EXHIBIT C (ADDITIONAL NOTES) CULTURAL ARTS VILLAGE AT BAYSHORE MPUD MASTER PLAN A. Exhibit "C," MPUD Master Plan, illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SDP approval. Subject to the provisions and applicable sections of the LDC and the Growth Management Plan (GMP), in effect at that time, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. Page llof16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD EXHIBIT D FOR CULTURAL ARTS VILLAGE AT BAYSHORE MPUD LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 THE WEST 425 FEET OF LOT 109, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, LESS THE EAST 200 FEET AND THE WEST 25 FEET THEREOF, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 THE EAST 200 FEET OF THE WEST 425 FEET OF LOT 109, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC RECORDS OF COLLER COUNTY, FLORIDA. TOGETHER WITH AN INGRESS AND EGRESS EASEMENT ACROSS THE NORTH 30 FEET OF THE EAST 200 FEET OF THE WEST 225 FEET OF LOT 109, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No.2 PARCEL 3 ALL OF LOT 108, LESS AND EXCEPTING THE NORTH 273.44 FEET OF THE WEST 425 FEET AND THE KELLY ROAD RIGHT -OF -WAY, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH: ALL OF LOT 109, LESS AND EXCEPTING THE WEST 425 FEET AND THE KELLY ROAD RIGHT -OF -WAY, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. D PARCEL A, LAKESIDE MOBILE ESTATES, IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 9, PAGE 99, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Page 12 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD EXHIBIT E FOR CULTURAL ARTS VILLAGE AT BAYSHORE MPUD LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Section 4.02.16.F.2. which states, "Buffers are required between mixed use PUDs, BMUD -NC and BMUD -W Subdistricts that abut residential property. A minimum 10 -foot wide landscaped area shall be required. This area shall include: a six -foot high opaque masonry wall; a row of trees spaced no more than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall." The alternative proposed is a 10 -foot wide alternative "A" buffer on Tract "A" and on Tract "C" adjacent to the MH- BMUD -NC zoned portion of the vacant property which abuts the internal loop road, as shown on Exhibit "C" page 2 of 6. 2. Deviation #2 seeks relief from LDC Section 4.02.16.F.2. which states, "Buffers are required between mixed use PUDs, BMUD -NC and BMUD -W Subdistricts that abut residential property. A minimum 10 -foot wide landscaped area shall be required. This area shall include: a six -foot high opaque masonry wall; a row of trees spaced no more than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall." The alternative proposal will allow no buffer along the northern property line (portion of Tract "F) and southern property line (Tract "G ") that is located within and adjacent to the lake for the area as depicted on Exhibit "C" "MPUD Conceptual Master Site Plan" and Exhibit "C" page 2 of 6. 3. Deviation #3 seeks relief from LDC Section 4.02.16.F.3 which states, "A shared 10 foot wide landscape buffer with each adjacent property contributing a minimum of 5 feet is required between BMUD -NC and BMUD -W Subdistricts abutting commercial zoned districts or abutting BMUD -NC or BMUD -W Subdistricts. However, the equivalent buffer area square footage may be provided in the form of landscaped and hardscaped courtyards, mini - plazas, outdoor eating areas, and building foundation planting areas." The alternative will allow a 10 -foot wide alternative "A" buffer on Tract "A" adjacent to the commercial parcel to the north and on Tracts "A" and "C" adjacent to the C- 2- BMUD -NC zoned portion of the vacant property as shown on "Exhibit "C" page 2 of 6. 4. Deviation #4 seeks relief from LDC Section 4.02.16.A, Table 11 "Design Standards for the BMUD Neighborhood Commercial Subdistrict" which requires a waterfront setback of 25 feet, to allow a minimum waterfront setback of 20 feet (0 feet with bulkhead) as shown on Exhibit "C" page 2 of 6. Lake setbacks are measured from the control elevation established for the lake. Furthermore, lake setbacks can be reduced from 20 feet to 0 feet when utilizing a bulkhead, subject to the requirements of Section 4.02.05 of the LDC. Page 13 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD 5. Deviation #5 seeks relief from LDC Section 4.02.16.F.2. which states, "Buffers are required between mixed use PUDs, BMUD -NC and BMUD -W Subdistricts that abut residential property. A minimum 10 -foot wide landscaped area shall be required. This area shall include: a six -foot high opaque masonry wall; a row of trees spaced no more than 25 feet on center; and a single row of shrubs at least 24 inches in height, and 3 feet on center at the time of planting. Landscaping shall be on the commercial side of the wall." The alternative will allow a minimum 10 -foot wide buffer with no wall, same number of trees and shrubs; however instead of a single row of shrubs, shrubs shall be planted in groupings along the lake edge and around the building foundation along the northern edge of Tracts A and D. 6. Deviation #6 seeks relief from LDC Section 4.02.16.A, Table 11, Design Standards for the BMUD Neighborhood Commercial Subdistrict, which requires that "the first floor ceiling shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only`4This proposed deviation will remove the maximum height requirement to accommodate potential uses such as a theater, etc. and to remove the requirement for the first floor to be commercial uses only. 7. Deviation #7 seeks relief from LDC Section 4.02.03.A. Table 3, number 3 which requires a minimum building separation for multi -story parking structures of I foot of accessory height = 1 foot of building separation." The alternative is a 0' building separation to allow for a commercial building to abut or attach to a parking structure. Page 14 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD EXHIBIT F FOR CULTURAL ARTS VILLAGE AT BAYSHORE MPUD LIST OF DEVELOPER COMMITMENTS A: 64 IJ1100701►Til: I�1LIM A. A minimum of 0.55 acres of preserve area are required for this MPUD (2.2 acres existing native vegetation x 0.25 = 0.55). 2. PLANNING A. Building permits shall not be issued for more than 20,000 square feet of commercial floor area prior to issuance of Certificates of Occupancy (C.O.) for a minimum of 40 dwelling units. An exception to this limitation is that building permits may be issued for up to 30,000 square feet of commercial gross floor area if building permits are concurrently issued for all 40 dwelling units and the C.O.s for all 40 dwelling units are issued prior to or concurrent with the C.O.s for no greater than 30,000 square feet of commercial floor area. B. All internal access ways, drive aisles and roadways, not located within County right -of -way shall be privately maintained by an entity created by the developer, its successor in title, or assigns. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. The proposed main loop road shown on Exhibit "C" may be public or private. 3. MANAGING ENTITY One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Collier County Community Redevelopment Agency. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new Page 15 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD are closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Page 16 of 16 Revision Date: March 22, 2012 PUDZ- PL2010 -592 Cultural Arts Village at Bayshore PUD CULTURAL ARTS VILLAGE AT BAYSHORE Neighborhood Informational Meeting Synopsis Wednesday January 18, 2012 at 5:30 p.m. at the Bayshore /Gateway Triangle CRA, 4069 Bayshore Drive, Naples, Florida 34112 The Neighborhood Information Meeting for the Cultural Arts Village at Bayshore was held at the Bayshore /Gateway Triangle Community Redevelopment Agency in Naples Florida on January 18, 2012 at 5:30 p.m. Including staff there was 43 people in attendance. Staff included, Nancy Gundlach representing Collier County Land Development Services, Jean Jourdan and David Jackson representing the Bayshore/Gateway Triangle CRA and Dan Ziegler of Banks Engineering. Jean Jourdan gave the presentation and Dean Ziegler and Dave Jackson assisted in responding to questions. An auto tape was made of the meeting and provided to Collier County Land Development Services. Jean Jourdan open the meeting by providing staff introductions and a general description of the purpose of the meeting. Nancy Gundlach addressed the audience and explained her role in the rezoning process. Jean gave a PowerPoint presentation to describe the project location and the requested rezone. The PowerPoint included conceptual renderings of the project and outlined the proposed developments uses. The presentation detailed the uses to include 40 residential units, 48,575 s.f. of commercial uses, 84,000 s.f. of parking garage and a 350 seat performing arts theatre. Jean pointed out the access points from Bayshore and Jeepers Drive the recreational areas, open space and boardwalks for pedestrian access. The meeting then opened for questions and answers. There was one question and concern regarding access to Jeepers Drive and the Jeepers current flooding problems. Dean Ziegler responded that the access from Jeepers would not be the main access and was intended for overflow traffic and safety vehicle access. He also responded that the project would provide for on -site drainage. Discussion then ensued to the parking garage height and how many parking spaces the garage would accommodate. Dean and Jean responded to several questions. Jean pointed out the location of the garage on the plans and Dean addressed the height and spaces. One resident had questions about native habitat and wildlife currently on the site. Jean and Dean informed the audience that as part of the rezoning process an environmental survey of the site was conducted and a variety of species of wading birds are currently on the site. They explained the provision of an Environmental Management Plan and discussed the different environmental review agencies role in the review of the project (Collier County Environmental Department, Florida Fish and Wildlife Conservation, Environmental Advisory Council). Dave Jackson also commented while Jean pointed out the location of the site that will remain undisturbed. There was general discussion regarding the architectural style of the buildings and concern that the site would be turned over to a developer who would construct unattractive brick buildings rather than the attractive Old Florida style presented. Dave and Jean explained that although the renderings are conceptual and the actual development may vary the CRA owns the site and will control what is developed on the site. They also stated the architectural design will go through the public hearing process of which they can be a part o£ At that time, Commissioner Donna Fiala also commented that the Site Attachment B Development Plan would have to go the Board for approval. The audience told Commissioner Fiala they loved the concept and supported the development. At that time Commissioner Fiala told them to attend the public meetings and write letters to the Commissioners of their support for the project. The meeting adjourned at 6:25 Attachments TARE \ 7 ` INCRESS/E 5 5 EASEMENT AL - - -(TO BE REMOVEMW-RJ R3 1 MOORHEAD EKISi CpAl/FROAL EYdsLtlIG RESIDENTIAL \ E%ISTING RESIDENTIAL GRAPHIC SCALE 1'. 9o• MANOR tzn' 1_3 5' JURISDICTIONAL *?2611' PUD ' SITE DATA: WETLAND LINE 2 / / / / / / // i % / Nyg PARK EXISTING USE: VACANT BUFFER MH- BMUD -RJ " i j 1 / / •/ /' / / %) j� % %� / EXISTING ZONING: MH- BMUD -NC, C- 2- BMUD -NC & C- 4- BMUD -NC EMSiINC 1 - '. J �25�' _ �_ / %/f / /// / / // / / // PROPOSED MIXED USE PLANNED UNIT DEVELOPMENT USES: RESIDENTIAL ��� 4 ,� , ./'' / // / / / /�(S'► / / USE ACRES Z OF SIT] 1 CONNECn rv. Ca 1 L/� 11 .'. TRACT "A" 7.72 AC 43% PONT,' ,' .i A �, %� RESIDENTIAL UNITS: 40 I� { rI ___ / /,/ / // / / // / / // / / / COMMERCIAL MI G : 35,000 HE TR SF All, i / / // / f // ,/ / // / PERFORMING ARTS THEATRE: 350 SEATS 1 I 4 / /• f / ��11 .111 / 11.! / CLASSROOMS/STUDIOS: 925 SF 1296 ������ P„. 4v2 *1 �� ADMINISTRATIVE OFFICES: 1,650 SF RMF -B- BMUD -R �. 1 ��������� J'+ PARKING GARAGE 84,000 SF VACANT I CONCEPTUAL PARKING AREA _ I TRACT CT "Elf � TRACT 'B" 0.56 AC 3R 1 (TO INCLUDE PARKING, - 1 1 jtC'1V j REQUIRED NATIVE VEGETATION PRESERVE I DUMPSTER PADS RKIN_ (LVSITYG•IAKEJ /' __1_5__ 0, I ZONE' AND OTHER PARKING 1 �. °..� dA �� ���• �7r I ` C TRACT 'C" 1.18 AC 7x 1 RELATED USES) ; \� \ ,i �`` 3I 0. COMMERCIAL /COMMUNITY BUILDING: 11,000 SF TRACT "D" 0.87 AC 59 4 / t / W COMMUNITY PAVILION. RECREATION, \ _.)L ♦' �' �� �1 �/ 389' U COMMUNITY OR PUBLIC USE, PEDESTRIAN ACCESSWAYS/80ARDWALK PROPOSED N Z I���_T ` "+ il&X PRff &BRAZ4JAN PEPPER i9.Aw I TRACT "E" 1.68 AC Bx MEDIAN CUT " x o- ti00 -RUU9 I JURISDICTIONAL l ' /61A5 uKF) ,^G bJ RECREATION, COMMUNITY OR PUBLIC USE. PEDESTRIAN EXISTING �'WT Nc �vM.wtKC I WE7LAN0 - ' j 1 I 3262' ACCESSWAYS/BOARDWALK Q 16 D.I.P. 10 I LINE ' 1 1 I �Y'rOZ, r %Ti°� Trr l'%' TRACT "F" 2.82 AC 165 VIM TYPE 'A' �+ I � e �tl it 1 1 I //^ gib, // / / // / J HVPFER 1 11� A :; j I I �� =` / // �� / /� / {I TRACTT"G° ATION, COMMUNITY OR PUBUC USE, OPEN 3.06 ACE 175 CONCEPTUAL PARKING AM RECREATION. COMMUNITY OR PUBLIC USE, OPEN SPACE (TO INCLUDE PARKING i' i/ / // / / // •/ / / / MM- BMUD -R3 C Rff NORIH 273.1!' 10 _ DUMPSTER PA05; LOADING ; I I / fir % i / ff TOTAL: 17.89 AC 1005 EXISTING W " I A wsr Yz5 TYPE "A g I ZONES AND OTHER -PARKING- OF RESDENVAL VACANT PROPERTY BUFFER a 1 - GRELATED USES) / / / I / /% / "/ / / / / OPEN SPACE: (FAJSrWG IAr¢) 1 _,.1 Ir / i /%/ /� / /� / REOVIDEO: 17.89 AC x 305 O 5STI ACRES n c / / /Iyj' PROVIDED: 5.39 AC (305) CONSISTING OF OPEN WATER PANG A EA & NA71VE VEGETATION (TO INCLUDE PRESERVE -SEE LEGEND MOO I PARKING. DUMPSTER 10' 1 I I I �' /� / / /// % // / / / MANOR PADS, LOADING c z -Nw-xc E 1. � 1 " - - -� -1 � � / // / // / / / ATIVE EXISTING NATIVE VEGETATION ON -SITE: 2.2 ACRES ZONES ANO OTHER vAC.Wi I I I JU�LSDIFRj1F.}E WE31AN016/ / // / / / / SANITARY I PARKING RELATED BUFFERD -IK F i I 11 /// / // / / // / / // , /�/ / REQUIRED NATIVE VEGETATION PRESERVE: 2.2 AC x 255 = 0.55 AC SEWER USES I . "M // PLO PROVIDED NAIVE VEGETATION PRESERVE: 0.55 AC (TRACT D3 DJ CO POINT - 3 1 b 1- __- 1 j / / / / '�y PARK Y POTENTIAL VEHICULAR AND EKSMAN WTERCONNECT (TYP) (PUBLIC OR PRIVATE) _____ ___ ______ __ ___ _________ - LEGEND -- -- - --- --- ----- - - - - -- ------- ------------ troP2'- --- -------- -- --- ------- ---- ---- -- - - - --R T " M- BMUD-RJ Mt- BNUD -R3 I EX STING 10.0 BUi� R EN57WG IO' WIDE (BMUD) OVERLAY 10' WIDE (BMUD) OVERLAY EXISTING RESIDENTIAL I ;� PESIDENTIAL I 11 BUFFER - 4.02.IBF(2) CONCEPTUAL & OLIA BUILDING FOOTPRINT l/.'�PEf BUFFER - 4.02.IBF(2) I NOTE: BUKDINGDIMENSIDNB & WANTIIY OF BUILDINGS MAY VARY TO MEET v.i MARKET CONDITIONS AND PROPOSED USES (AREA TO INCLUDE BUILDINGS, PEDESTRIAN SYSTEMS. LOADING ZONES, PARKIN AND OTHER BUILDING RELATED USES) PROPOSED BUILDING FOOTPRINT LIMITS AND ........POINT'. NOTES: �pp_p_�____ I CONCEPTUAL PARKING LIMITS FOR TRACTS "A"; C " &b" PR op 9 x " AND BUFFER DEVIATION NUMBER ATNDST 1) PREVIOUS AND RECENT USES OF LAND: A TRACT "C" PROPOSED APPROXIMATE FILL AREA (LAKE) BLVD WAS PREVIOUSLY: HUBERYS WELDING & REPAIR FACILITY C -4- BMUD -NC L l9' 1 E'D• RECENTLY: STRUCTURES HAVE BEEN REMOVED AND THE SITE IS EpsnNG Lure &R NOW VACANT LAND USED FOR FESTIVALS AND EVENTS. PROPOSED NATIVE VEGETATION PRESERVE II FIRE NAPLES B. TRACTS "A° AND °D" DOSTING LAKE FIRE STAl10N WERE PREVIOUSLY: PARTIAL BORROW LAKE AND VACANT LAND. RECENTLY: VACANT LAND, LAKE AND VEGETATION USED FOR 'PROPOSED OPEN SPACE FESTIVALS AND EVENTS. C. TRACTS "B ", "E ", "F ", AND "G" 'OPEN SPACE (30x) TOTAL WERE PREVICUSLY: PARTIAL BORROW, LAKE AND VEGETATION AND G REMAIN. INGRESS/ECRESS 2) JURISDICTIONAL WETLAND LINES ARE PRELIMINARY. FINAL JURISDICTIONAL WETLAND LINES WILL BE ESTABLISHED DURING THE S.F.WM.D. PROCESS. APPROXIMATE ACCESS POINTS A 20 LAKE MAINTENANCE EASEMENT WILL BE PROVIDED, AS REQUIRED. ADJACENT TO ALL LAKES OR PONDS, UNLESS A BULKHEAD IS UTILIZED. THI 4) ATS PLAN IS CONCEPTUAL IN NATURE AND SUBJECT TO MODIFICATION PROPOSED DEVIATIONS r� IF AT TIME OF SDP APPROVAL. f SEE SHEETS 2 & 3 i IZZUTI 1 S O L U T 1 O N S 5) SEE SHEET /5 FOR PEDESTRIAN & SIDEWALK PLAN. 6) (SEE SHEETS 2. 3 & 4 FOR DEVIATIONS AND CROSS SECTIONS) 7) ACCESS POINTS ARE CONCEPTUAL NUMBER AND LOCATION WILL BE REVISION DATE: JANUARY 2S. 2012 .CULTURAL VILLAGE AT BAYSHORE, PUDZ- PL2010 -592 t�2 & DETERMINED AT PLAT OR SDP (SITE DEVELOPMENT PLAN) APPROVAL. L wA "�!.,* ENANEE IOU mm` BANKS 1 � � " MPUO CONCEPTUAL MASTER SITE PLAN :APPS THE PIZZUTI COMPANIES - ,- .,)- .,.�...... ¢ „„ CULTURAL ARTS VILLAGE AT BAYSHORE W'. Dy� T�T�El.'p TZ I ovA RLACC, 39 a COWER COUNTY. FLORIDA A.5'.S IAA11.1� r1 1 .93. 9H ENGINEERING PROJECT /9 ` E; efi, )zzea_ maYavx9ou, na nmxcr Nwnx9 csan A„K YETI srAU Mx9. (s -r -R1 PUBLIC SPAC69 u:c,q ._ Y,,AL�a3ury „ =. s°.e[3b. sa.a D"YS 03 -m -2910 3.99 _PU90Y31 0032 YRJE TRR 1• = fi0' 1 ) DF rJ Attachment C PROPOSED DEVIATIONS: DEVIATION /1 SEEKS RELIEF FROM UDC SECTION 4.02.16.F.2. WHICH STATES, 'BUFFERS ARE REWIRED BETWEEN MIXED USE PUDS, BMUD —NC AND BMUD —W SUBDISTRICTS THAT ABUT RESIDENTIAL PROPERTY. A MINIMUM 10 —FOOT WIDE LANDSCAPED AREA SHALL BE REQUIRED. THIS AREA SHALL INCLUDE: A SIX —FOOT HIGH OPAQUE MASONRY WALL: A ROW OF TREES SPACED NO MORE THAN 25 FEET ON CENTER; AND A SINGLE ROW OF SHRUBS AT LEAST 24 INCHES IN HEIGHT, AND 3 FEET ON CENTER AT THE TIME OF PLANTING. LANDSCAPING SHALL BE ON THE COMMERCIAL SIDE OF THE WALL. "THE ALTERNATIVE PROPOSED IS A 10 —FOOT WIDE ALTERNATIVE "A" BUFFER ON TRACT -A" AND ON TRACT "C" ADJACENT TO THE MH— BMUD —NC ZONED PORTION OF THE VACANT PROPERTY WHICH ABUTS THE INTERNAL LOOP ROAD. DEVIATION /3 SEEKS RELIEF FROM LDC SECTION 4.02.16.F.3 WHICH STATES, `A SHARED 10 FOOT 'WIDE LANDSCAPE BUFFER WITH EACH ADJACENT PROPERTY CONTRIBUTING A MINIMUM OF 5 FEET IS REQUIRED BETWEEN BMUD —NC AND BMUD —W SUBDISTRICTS ABUTTING COMMERCIAL ZONED DISTRICTS OR ABUTTING BMUD —NC OR BMUD —W SUBDISTRICTS. HOWEVER, THE EQUIVALENT BUFFER AREA SQUARE FOOTAGE MAY BE PROVIDED IN THE FORM OF LANDSCAPED. AND HARDSCAPED COURTYARDS, MINI — PLAZAS, OUTDOOR EATING AREAS, AND BUILDING FOUNDATION PLANTING AREAS." THE ALTERNATIVE WILL ALLOW A 10 —FOOT WIDE ALTERNATIVE "A "BUFFER ON TRACT "A "ADJACENT TO THE COMMERCIAL PARCEL TO THE NORTH AND CN TRACTS "A "AND 'C "ADJACENT TO THE C- 2— BMUD —NC ZONED PORTION OF THE VACANT PROPERTY. DE IV ATION #1 & Y3 N.T. PROPOSED DEVIATION: DEVIATION 02 SEEKS RELIEF FROM LDC SECTION 4.02.16.F.2. WHICH STATES, 'BUFFERS ARE REQUIRED BETWEEN MIXED USE PUDS, BMUD —NC AND BMUD —W SUBDISTRICTS THAT ABUT RESIDENTIAL PROPERTY. A MINIMUM 10 —FOOT WADE LANDSCAPED AREA SHALL BE REQUIRED. THIS AREA SHALL INCLUDE: A SIX —FOOT HIGH OPAQUE MASONRY WALL; A ROW OF TREES SPACED NO MORE THAN 25 FEET ON CENTER; AND A SINGLE ROW OF SHRUBS AT LEAST 24 INCHES IN HEIGHT, AND 3 FEET ON CENTER AT THE TIME OF PLANING. LANDSCAPING SHALL BE ON THE COMMERCIAL SIDE OF THE WALL.-THE ALTERNATIVE PROPOSAL WILL ALLOW NO BUFFER ALONG THE NORTHERN PROPERTY LINE (PORTION OF TRACT 'F) AND SOUTHERN PROPERTY LINE (TRACT 'G") THAT IS LOCATED WITHIN AND ADJACENT TO THE LAKE FOR THE AREA. BEES PER CODE) ORE THAN R ULWIXIILIN JIL NYS P17,ZlJTI {S0LUT10NS' tg2 : 4 Io fimprahalugroup wo.+ m ENGINEER i3 Pps (. W. JF. ?TF.R 13F,IVOF:R Fc .1530CI� µL5 INC P IC CT for .. rb.:ruRnnv NOISE PUBLIC SPACES PROPOSED DEVIATION: DEVIATION p4 SEEKS RELIEF FROM LDC SECTION 4.02.16.A, TABLE 11 IDESIGN STANDARDS FOR THE BMUD NEIGHBORHOOD COMMERCIAL SUBDISTRICT'WHICH REQUIRES A WATERFRONT SETBACK OF 25 FEET, TO ALLOW A MINIMUM WATERFRONT SETBACK OF 20 FEET (0 FEET WITH BULKHEAD) AS SHOWN ON EXHIBIT -C-PAGE 2 OF 6. LAKE SETBACKS ARE MEASURED FROM E CONTROL ELEVATION ESTABLISHED FOR THE LAKE. LAKE SETBACKS CAN BE REDUCED FROM 20 FEET TO 0 FEET, WHEN UTILIZING A BULKHEAD, SUBJECT TO THE REQUIREMENTS OF SECTION 4.02.05 OF THE LDC. DEVIATION Y4 ' N.T.S Ell LASTING LAKE NTOL ELEVATION I' ... R CDNC. SIDEWALK —:7 — Epffl GRWND L�\\\\\Q\ \�\�\\\\\ .. .4* CONCRETE SIDEWALK \\\\ �S;S B,S' ,1 I/2 TYPE'..S ASPHALTIC CONCRETE - -- 4' CONCRETE SIDEWALK 4' UNESCO, QH . 7'..01) — . , ... .' -.K LF4ROO( BAg (fltAfD) (LHR 100J .. .. ... 4' UMR00( BASE (LEER 100). . . .. ';17' STABALRED SUB —GRADE MIN. lBR 10 - TYPICAL PROPOSED PURLUC OR PRIVATE LOCAL STREET SECTION N.T.S. REVISION DATE: JANUARY 25. 2012 .CULTURAL VILLAGE AT BAYSHORE, PUDZ— PL2010 -592 I � PROPOSED DEVIATION: DEVIATION 15 SEEKS RELIEF FROM LOC SECTION 4.02.I6.F.2. WHICH STATES, 'BUFFERS ARE REWIRED BETWEEN MIXED USE PUDS, BMUD -NC AND BMUD-W SIBDISTRICTS THAT ABUT RESIDENTIAL PROPERTY. A MINIMUM 10 -FOOT WIDE LANDSCAPED AREA SHALL BE REWIRED. THIS AREA SHALL INCLUDE: A S% -FOOT HIGH OPAQUE MASONRY WALL A ROW OF TREES SPACED NO MORE THAN 25 FEET ON CENTER; AND A SINGLE ROW OF SHRUBS AT LEAST 24 INCHES IN HEIGHT, AND 3 FEET DIN CENTER AT ME TIME OF PLANING LANDSCAPING SHALL BE ON THE COMMERCIAL SIDE OF ME WALL 'THE ALTERNATIVE WILL ALLOW A MINIMUM 10 -FOOT WIDE BUFFER WITH NO WALL, SAME NUMBER OF TREES AND SHRUBS HOWEVER INSTEAD OF A SINGLE ROW OF SHRUBS, SHRUBS SHALL BE PLANTED IN GROUPINGS ALONG ME LAKE CODE AND MOUND ME BUILDING FOUNDATION ALONG THE NORTHERN EDGE a TRACTS A AND D. LANDSCAPE TREES r (AS REQUIRED PER CODE) SPACED NO MORE THAN 25' ON CENTER. LANDSCAPE SHRUBS (AS REQUIRED PER CODE) AMOUNT CALCULATED AT 3' ON CENTER FOR LENGTH OF y r BUFFER, HOWEVER CAN BE PLANTED IN GROUPINGS. pp►ryyt= PROPOSED DEVIATION: DEVIATION #6 SEEKS RELIEF FROM LDC SECTION 4.02.16.A, TABLE 11, - DESIGN STANDARDS FOR THE BMUD NEIGHBORHOOD COMMERCIAL SUBDISTRICT', WHICH REQUIRES THAT THE FIRST FLOOR CEILING SHALL BE NO LESS THAN 12 FEET AND NO MORE THAN 18 FEET IN HEIGHT FROM THE FINISHED FLOOR TO THE FINISHED CEILING AND SHALL BE NO TO COMMERCIAL USES ONLY. THIS PROPOSED DEVIATION WILL REMOVE THE MAXIMUM HEIGHT REQUIREMENT TO ACCOMMODATE POTENTIAL USES SUCH AS A THEATER, ETC. AND TO REMOVE THE REQUIREMENT FOR FIRST FLOOR TO BE COMMERCIAL USES ONLY. 42' MAXIMUM 4Y MAXIMUM BUILDING HEIGHT— — 7fC — — BUILDING HEIGHT REQUIRED PROPOSED DENATION DEVIATION #66 n.7.s. PjaUTJ�SOLUTIOIUS tglaaliRSarpralal0roep �•A► ar,.B.DmTLFNbNGINEE:RIIVC, l7PPSR. .DFTRR RFNIH)NFC R PROJECT JWF 613SQIFTATT ner PUBLIC SPACES PROPOSED DEVIATION: DEVIATION W7 SEEKS RELIEF FROM LDC SECTION 4.02.03.A. TABLE 3, NUMBER 3 WHICH REQUIRES A MINIMUM BUILDING SEPARATION FOR MULTISTORY PARKING STRUCTURES OF -1 FOOT OF ACCESSORY HEIGHT - 1 FOOT OF BUILDING SEPARATION'; TO ALLOW A O' BUILDING SEPARATION TO ALLOW FOR A COMMERCIAL BUILDING TO ABUTT OR ATTACH TO A PARKING STRUCTURE. I _ sETINIQI 1 CEILING HEIGHT 1 I 5� �S O Opp §g 8 FIRST FLOOR CEILING HEIGHT IT'i�ka SHALL BE NO LESS THAN 12' MD n NO MORE THAN IBTN HEIGHT FROM THE FINISHED FLOOR FIRST FLOOR TINI?i11iD - -� CEILING HEIGHT COMMERCIAL AND OR COMMERCIAL ONLY I RESIDENTIAL USE _EIVUP. WE J_F)BI "D FLQQR gL a _ �' i g o w REQUIRED PROPOSED DENATION DEVIATION #66 n.7.s. PjaUTJ�SOLUTIOIUS tglaaliRSarpralal0roep �•A► ar,.B.DmTLFNbNGINEE:RIIVC, l7PPSR. .DFTRR RFNIH)NFC R PROJECT JWF 613SQIFTATT ner PUBLIC SPACES PROPOSED DEVIATION: DEVIATION W7 SEEKS RELIEF FROM LDC SECTION 4.02.03.A. TABLE 3, NUMBER 3 WHICH REQUIRES A MINIMUM BUILDING SEPARATION FOR MULTISTORY PARKING STRUCTURES OF -1 FOOT OF ACCESSORY HEIGHT - 1 FOOT OF BUILDING SEPARATION'; TO ALLOW A O' BUILDING SEPARATION TO ALLOW FOR A COMMERCIAL BUILDING TO ABUTT OR ATTACH TO A PARKING STRUCTURE. 17�1T�Fi \Y[I] \E't 20' MIN ASPHALT PAVEMENT CEWA GRASS 0' BUILDING SEPARATION OR E ATTACHED TO THE GROUND CONE SDEWALK FLOOR OF PARKING STRUCTURE TYPE 'F' TY� HEIGHT VARIES TO 21EIALK FlNISHED FLOOR COINCIDE MATH 0' aRe PARKING GARAGE S BUILDING SEPARATION STRUCTURE s OR ATTACHED TO THE s GROUND FLOOR OF _Fj(1ISryfQ DWG_ THE PROPOSED PARKING STRUCTURE. IL-LD FME _ •NOTE: MAX HOCHT- 3 STORIES COMMERCAL USE G1WND FLOOR FlNISHED GRADE VARIES INISHF`_ Rjl ILLFLOUR PROPOSED pEyTATION 17�1T�Fi \Y[I] \E't 20' MIN ASPHALT PAVEMENT CEWA GRASS UR E GRASS CONE SDEWALK == uNN TYPE 'F' TY� 21EIALK aRe a 2% I a 1 1/2' TYPE S ASPHALTIC CONCRETE . IV UNFROCK EASE OUED) (DER 100) . 4 CONCRETE SIDEWALK 4 CONCRETE SDEAYAU( 4" UAIINOO( BAE (UR 100) .. If STABAUZED SUB - GRADE. MIN. LS.R 40 C UAEROaI BASE (DER ta) TYPICAL PROPOSED PUBLIC OR PRIVATE LOCAL STREET SECTION WITH PARALLEL PARKING BOTH SIDES i' N.T.S. (s O C^. I REVISION DATE: DECEMBER 9. 2011 .CULTURAL VILLAGE AT BAYSHORE. PUDZ- PL2010 -592 E DEVIATIONS CROSS SECTIONS 2 @ STREET CROSS SECTION a - ;; CULTURAL ARTS VILLAGE AT BAYSHORE == uNN COLDER COUNTY, FLORIDA ANOR ' e,. 1 ;' E NC! IAN r!fdC vy+�r,.* o zaa' Roo' Roo' !Y GR—C SCnIE 1'.100' GIJUORD ROAD .ate pvONs , -r �A Imo, SUGDEN PARK WINS AR ` JEEPERS VD' DRIVE e :byµ., Z H Z m p Q Q LJ 'J 'v � +dd Lr a yR W 1� ur ------------------ - --- -J �L{i,[j` �; EXISTING CONDITIONS WITHIN 1300' OF PUD a CULTURAL ARTS VILLAGE AT BAYSHORE THE PIZZUTI COMPANIES 'K`J x>« , ;,µ „m; iwa YIRRXavA Rauxc� �uRE Sao wu is ENGINEERING ,xoxs,.RO P .., ®.«, o.ss. u�ss , u .«so COLLIER COUNTY, FLORIDA _ .RR.arwsnRwx nis .wJSC, oR.r+xe ossax s S OF S 17 cxinRsR ' 00 n Rts xo. (s -r -q GundlachNancy From: Aubshort@aol.com Sent: Monday, April 02, 2012 1:45 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Ms Gundlach: The rezoning of the 17+ acres of land on Bayshore Drive for the Cultural Arts Village is a needed action to move the project forward (PUDZ- PL2010 -592). Other organizations have committed to being part of the Village and are actively supporting the project. The development of this land into the Village is the best use and will add value to the community. The natural lakes on the acreage preclude it from being used as a mobile home community and it would be best to preserve this for the wildlife that presently occupy these wetlands. The Naples Botanical Garden is less that a half mile south of the proposed project it makes sense that the Village be near to that cultural icon. Its proximity to Sugden Regional Park and the plans to connect the 17+ acres with a path will make Sugden more accessible for many residents on Bayshore Drive - a positive for rezoning. My wife and many of our friends in Moorhead Manor (154 families who are real property owners and taxpayers) ask that the rezoning be approved so that the Cultural Arts Village on Bayshore Drive can be brought to fruition. I am sure that your expertise as a comprehensive planner will recognize that this is good for our community and Collier County. Thank you very much. Aubrey and Diane Short 98 Moorhead Manor Naples, FL 34112 239 774 -0851 4ubshort(@- aol.com Attachment D GundlachNancy From: Rick Dobson frtdobson @aol.com] Sent: Friday, March 30, 2012 2:54 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore: PUDZ -L2010 -592 In the matter of rezoning the above property as a Cultural Arts Village, I want to express my whole hearted support. I am a resident and tax payer in Windstar on Naples Bay at 1733 York island dr Naples 34112. The bayshore area needs development of its land for the highest and best use. Having a community center and Cultural Arts center in our neighborhood would add allot of value to the area. We are very close to the said property and would be very happy to have it developed this way. It will enhance the community and hopefully spark additional development here. it also preserves a natural lake area in an attractive way. I hope the county approves this rezoning. Thank -you. Regards, Rick Dobson Naples 239 - 793 -6937 GundlachNancy From: Tina Riccio [airiccio1 @comcast.net] Sent: Friday, March 30, 2012 3:11 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore Re: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 We are property owners who live on Bayshore Drive. We support the CRA's rezoning of the 17 acres of land on Bayshore for a Cultural Arts Village. We feel that in addition to Naples Botanical Gardens, a culture center would bring an additional improvement to our neighborhood. We would like to see educational and (if connected to Sudgen Park) nature activities flourish in our community. We think this would also benefit all residents of Naples. Please consider our request. Thank you. Al & Tina Riccio 4430 Botanical Place, Apt. 402 Naples, FL 34112 i GundiachNancy From: David Ball [ballpoint2 @embargmail.com] Sent: Friday, March 30, 2012 3:37 PM To: GundiachNancy Cc: David Ball Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Ms Gundlach, We are homeowners in Windstar and have been for 15 years, so we have witnessed the steady improvement in the Bayshore area from seedy and'not nice to be out at night' to its present attractive transformation and continuing state of improvement for the benefit of all the people who live in this wider Bayshore community ,and perhaps particularly the young people who need a safe, secure and pleasant environment in which to develop their talents and personalities. Following the trail blazed by so many hard working and public minded citizens to bring more and more desirable activities to Bayshore to complement the Botanical Gardens and the various makeovers of formerly run down premises to attractive and useful businesses, this Arts Village project will undoubtedly continue the recent excellent work and create a real village atmosphere with all of the social benefits that come everyone feeling that they have a stake in the Community. We are also keen supporters of the arts and performing arts in Naples and have already given practical support to this initiative, which we thoroughly commend. We do hope that this Project will receive assent and support because it is worthy and practically useful for the wider community and will additionally bring about an improved environment to complement the wider work in adjacent neighbourhoods. Yours sincerely, David & Patricia Ball. 3852 Clipper Cove Drive Windstar, Naples 34112 GundlachNancy From: rwmouncevt @aol.com Sent: Friday, March 30, 2012 3:42 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Ms. Gundlach; I am a homeowner in Windstar on Naples Bay, which is located directly across Bayshore Drive from the proposed site of the proposed Cultural Arts Village. I would like to register my STRONG SUPPORT for this proposed development. The redevelopment along Bayshore Drive over recent years has done so much to improve this area, to the clear benefit of residents, visitors, and business owners in the area. The expansion of the Naples Botanical Garden has been very beneficial and approval and development of this proposal would have the same kind of beneficial effect. Not only would it likely be positive for local property values, it would add to commercial possibilities and, like the Botanical Garden, would do so in a way that is environmentally - friendly to the entire area: very much a win - win -win in my view. Thank you for your consideration, Best regards Richard W. Mounce GundlachNancy From: Sharon Benjamin [sharonbenjamin8 @gmail.com] Sent: Friday, March 30, 2012 5:16 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore. PUDZ- PL2010 -592 Dear Ms. Gundlach: My name is Sharon Benjamin and I have been a property owner off Bayshore in Windstar for over 12 years. I have watched the Bayshore Area improve at a slow pace over those years. Now, that the Botanical Garden is anchored in the East Naples Area, bringing local residents and tourists, the Bayshore Area again has an opportunity to see a surge in positive land use development. I am writing to state my support for the re- zoning of the 17 acres off Bayshore Boulevard Drive from mobile home usage to mixed use Cultural Center. This is the most compatible land use scenario with the additon of the Botanical Garden in this area. Much of Naples is high end retail and high density housing and the amount of Public Space is limited. A cultural center would improve Naples's long term vision of being a most Livable City. Thank you for your attention to this matter. Sincerely, Sharon Benjamin 1757 York Island Drive Naples, Florida 34112 GundlachNancy From: JForsman90 @aol.com Sent: Friday, March 30, 2012 6:26 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore PUDZ- PL2010 -592 Ms Gundlach My wife Kathleen and I are full time residents of Collier County residing at 5025 Marina Cove Drive- Unit 103. We are aware that the CRA is rezoning 17+ acres of land on Bayshore Drive from mobile home to mixed -use cultural center. We are writing to express our support for this proposal for the following reasons: • Value -added to community • Develop land into highest and best use • Community (local) activity center *Additional neighborhood commercial uses • Cultural and educational activities for the community • Preserving the natural lake -area for eco- tourism (bird and natural life observation) • Future connection to Lake Avalon (Sudgen Park) Sincerely, John A. Forsman, Jr Kathleen A. Forsman GundlachNanc From: William C. Mears [wcmears @comcast.net] Sent: Saturday, March 31, 2012 2:42 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Consideration is being given to rezoning the seventeen acre parcel of land owned by the CRA on Bayshore Drive from mobile home use to mixed -use cultural center. I am enthusiastically in support of the proposed change. This property should serve as a cornerstone for the renaissance of the Bayshore Redevelopment Area. The proposed zoning change will permit its development as major asset to the community. Thank you. William C. Mears 3804 Clipper Cove Drive I GundlachNancy From: Richard Owen [richard.dot @dsl.pipex.com] Sent: Saturday, March 31, 2012 2:51 PM To: GundlachNancy Subject: CULTURAL ARTS VILLAGE AT BAYSHORE; PUDZ - PL2010- 592 Dear Ms Gundlach, Since 1996 we have been property owners in Windstar on Naples Bay, now owning 2161 Paget Circle, although we are citizens of Great Britain. We are writing now to voice our strong support for the rezoning of the property on Bayshore Drive. Particular reasons for this support are - We understand the rezoning could result in the local lake being enhanced; we have travelled extensively to experience and enjoy natural parks and waterways and know that any increase in visitor flow will benefit suppliers of local goods and services. - if it also improved access to Sugden Park that would be a definite improvement for the local community, enabling both areas to be used more for observing and photographing Florida wildlife. As keen amateur photographers we know the power of the right environment in attracting nature loving tourists from within the USA and from abroad. Regards, Richard Thorold Owen and Dorothy Elizabeth Owen Sent from Richard's iPad 1 GundlachNanc From: Richard Owen [richard.dot @dsl.pipex.com] Sent: Saturday, March 31, 2012 2:51 PM To: GundlachNancy Subject: CULTURAL ARTS VILLAGE AT BAYSHORE; PUDZ - PL2010- 592 Dear Ms Gundlach, Since 1996 we have been property owners in Windstar on Naples Bay, now owning 2161 Paget Circle, although we are citizens of Great Britain. We are writing now to voice our strong support for the rezoning of the property on Bayshore Drive. Particular reasons for this support are - We understand the rezoning could result in the local lake being enhanced; we have travelled extensively to experience and enjoy natural parks and waterways and know that any increase in visitor flow will benefit suppliers of local goods and services. - if it also improved access to Sugden Park that would be a definite improvement for the local community, enabling both areas to be used more for observing and photographing Florida wildlife. As keen amateur photographers we know the power of the right environment in attracting nature loving tourists from within the USA and from abroad. Regards, Richard Thorold Owen and Dorothy Elizabeth Owen Sent from Richard's iPad 1 GundlachNancy From: Hansen Long [long254 @comcast.net] Sent: Saturday, March 31, 2012 4:43 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Nancy, My name is Stewart Hansen Long. I am a resident of Windstar on Naples Bay, and registered to vote in Collier County. I am writing in support of the Cultural Arts Village Site which has been proposed by the Bayshore Gateway Triangle CRA. To achieve this objective the CRA seeks to rezone 17+ acres of land it owns on Bayshore Drive from mobile home to mixed -use cultural center. I am in favor of this rezoning action because I believe the Cultural Arts Village would be a valuable asset, providing cultural and educational activities not only to the Gateway Triangle area, but to all of greater Collier County. In addition such a Village could be connected to Lake Avalon (Sudgen Park) and help preserve and enhance the natural lake- setting for birds and wildlife. Thanks you for your consideration, S. Hansen Long GundlachNancy From: Joan Callahan Doancallahan @mac.com] Sent: Sunday, April 01, 2012 11:44 AM To: GundlachNancy Cc: mcallahan @callahansign.com Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Ms Gundlach, We understand that the CRA is rezoning 17+ acres of land on Bayshore Drive from mobile home to mixed -use cultural center. We are writing to express our support for this project. As local residents with a home in Windstar on Naples Bay, we believe that the planned cultural center will add value to our Bayshore community; the land will be developed land into its highest and best use; it will provide a local community activity center; encourage additional neighborhood commerce; it will provide cultural and educational activities for the community; preserve the natural lake -area for eco- tourism (bird and natural life observation); and, allows for the area's eventual connection to Lake Avalon - Sudgen Park. Thank you for moving foward the rezoning necessary to advance this project. Joan Gregg Callahan 3308 Lookout Lane Naples, Florida 413- 441 -7129 Sent from my iPad GundlachNancy From: Michael Sherman [msherman48 @gmail.com] Sent: Sunday, April 01, 2012 12:45 PM To: GundlachNancy Cc: Michael Sherman Subject: Cultural Arts Village at Bayshore: PUDZ- PL2010 -592 My name is Michael Sherman. I am a resident of the Bayshore area at 4535 Lighthouse Lane. I own 5 lots on 7eepers Drive adjacent to the parcel noted above, where I hope to develop new homes in the future. I think the rezoning is good step in the improvement of the Bayshore Drive area. The development of a community playhouse /cultural /activity center will be a very positive addition to what I call the art scene at Naples Bay Village. Most importantly, it should facilitate a pedestrian connection to Sugden Park which cannot be accessed from Bayshore today! Please pass on that this kind of thing is what is needed there today. Thank you GundlachNancy From: Elizabeth G. Quam [ebetsy2 @gmail.com] Sent: Sunday, April 01, 2012 2:59 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore David Jackson, Executive Director Bayshore Gateway Triangle and Bayshore Beautification Nancy Gundlach at Collier Government Dear Nancy, My name is Elizabeth Gerhardt Quam a resident of Windstar since 1985 and domiciled in Florida. My address is 4402 Yacht Harbor Drive, Naples, Florida 34112. My late husband passed away in 1991, long before Bayshore Drive came alive with groups interested in encouraging an arts district to be built along this drive. This vision was wonderful to read about and as plans developed to see and watch it's progression. It has come to my attention that the zoning for such beautification may be challenged or compromised with yet another trailer park in this area. My husband and I had both an Air Stream trailer and a motor home at different times in our life and found lovely transient parks where ever traveled; however another permanent modular home park in this Triangle region is not necessary nor will add to the beauty or help hold the permanent residents land values. The Bayshore Bridge marks the Bayshore drive entry way with the newly renovated Marketplace 360, of such culinary delight, and the beautiful and educational Botanical Gardens anchors the drive; everything in between if connected to food, arts, and the bay would make a beautiful presentation and statement for the east side of the Gordon river. The amphitheater for community use would be a big plus. A tie in to the Sudgen Park area is a natural with all it's lakes in between. My husband and I enjoy bicycling there and would enjoy more lakes to ride or walk around which are part of the rezoning area. Attracting more bird life would come naturally. The cultural events now held at Edison Community College could be held along Bayshore and Thomassen Drive if the new village would build a unique look, perhaps going back to the Old Florida style of buildings with wrap around porches and ceiling fans. Last year I snapped photos of decorative metalsails attached to lamp posts in Scotland. I thought they would make an attractive statement along Bayshore Drive lamp posts. I brought them into you office across from Windstar's entrance as an idea. Let's give the rest of Naples something to come to! Sincerely, Mr and Mrs Donovan and Elizabeth Quam GundlachNancy From: Nancy McDonnell [nm2psu @hotmail.com] Sent: Sunday, April 01, 2012 5:57 PM To: GundlachNancy; Nancy McDonnell Subject: Cultural Village at Bayshore; PUDZ -PL- 200 -592 TO WHOM IT MAY CONCERN: As a property owner, resident and tax -payer in Collier County, I urge you to support the rezoning of land on Bayshore Drive to facilite the development of a mixed -use cultural center. Studies have been done throughout the United States that document the positive economic and social benefits for local areas that are generated by cultural centers. It is known that arts and cultural organizations' activities within a community create jobs and increase household incomes and local government revenues directly as a result of the expenditures of these activities as well as indirectly as a result of the opportunities for others that are generated by cultural developments. Significant numbers of related businesses are drawn to locations where cultural development has taken place, thereby generating indirect benefits and multiplier effects that DOUBLE OR TRIPLE the impact of the direct expenditures. AND, they too generate substantial taxes or revenues for local and state governments; the latter should be of some reassurance to those Commissioners who are questioning whether or not the land should be sold or rezoned. If it is sold, the opportunity will be lost to revitalize East Naples and consequently to stimulate economic and social development to benefit all the residents of the Bayshore area and to create spillover benefits for schools and other social institutions and the quality of life in general. A trailer park does NOT represent the highest and best use of this property. To quote from a study by the city of San Diego Commission for Arts and Culture ...... A vibrant arts and culture community provides benefits throughout the region and it: enhances our quality of life; draws positive attention to the area; attracts visitors who stay longer and spent more; creates jobs; provides a competitive edge by attractng and retaining businesses and skilled workers; as a catalyst for revitalizing enighborhoods and community development; builds opportunities for youth and education; and, helps generate civic and community pride. If this is possible in San Diego, it certainly should be possible in East Naples! Sincerely, Nancy McDonnell 3538 Haldeman Creek Drive Naples, FL 34112 From: Marilyn [marilyngail @rogers.com] Sent: Sunday, April 01, 2012 7:14 PM To: GundlachNancy Cc: 'H.J. Schneider' Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Importance: High Dear Nancy, We would like to take this opportunity to express our opinion on the upcoming Bayshore Cultural Arts Village. Not only are we pleased to hear that this project will soon reach the development stage, it is particularly exciting to see what will encompass this valuable piece of land. The most value added aspects to the community, in our opinion, would be the Community Services, especially the senior services, and the cultural and educational activities. The most exciting aspect is the preservation of the natural lake area for bird and natural life observation, and the future connection to Lake Avalon (Sudgen Park). We have just purchased a home in the Botanical Place Circle development on Bayshore Drive and it would be very beneficial for us to access this park and lake area from where we live. The view from our home backs onto this beautiful park and lake and we would be most pleased if this could be preserved as such. Thank you for allowing us this opportunity to express our opinion about the upcoming village, and are looking forward to seeing development occur as soon as possible. Sincerely, Mr. H. John Schneider and Mrs. Marilyn G. Schneider 4455 Botanical Place Circle, Unit 107 Naples, Florida 34112 239 - 300 -7889 Johns49(@-rogers.com marilyngailProgers.com GundlachNancy From: Nancy Quinter [nsparky33 @aol.com] Sent: Sunday, April 01, 2012 11:37 PM To: GundlachNancy Subject: CULTURAL ARTS VILLAGE AT BAYSHORE FROM Nancy Quinter April 2, 2012 Dear Nancy, I have lived in Windstar since 1993 and have seen many changes in the Bayshore area. The county got the street going with the road, bridge, sidewalks, lighting, etc. in place and many of the businesses and residential areas have been improved. The addition of the Cultural Arts Village will add a wonderful unique growth prospective to not only this street but to the southeast area of Naples. The Botanical Garden is also a key factor to the cultural and educational growth of our area. I serve on the ARC architectural review committee for Windstar Club and have reviewed the plans and have attended the events for this effort. I am especially excited about this project. I would be in favor of the rezoning of this site. Regards, Nancy Quinter GundlachNanc From: Mitch Latva [mitch @latva.com] Sent: Monday, April 02, 2012 7:04 AM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Nancy Gundlach, As a local property owner off Bayshore Drive I encourage the support of the Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 project. I believe the addition on this project will not only enhance the general area but will complement the Naples Botanical Garden just down the street. With thoughtful long -term planning this can be incorporated and still maintain the local character. Thank you for your consideration. Mitch Latva 3554 Haleman Creek Drive Naples Florida 34113 1 GundlachNancy From: Carl L Knutson [carllknutson @gmail.com] Sent: Monday, April 02, 2012 9:51 AM To: GundlachNancy Subject: Re: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 My husband and I are area residents and property owners in Windstar across from the 17 + acres currently zoned mobile home to be rezoned to mixed -use cultural center. We are writing this letter as a Letter of Support for the project. We feel this rezoning would add value to the area, would develop the land into the highest and best use, would provide a Community activity center and cultural and educational activities for the community, and preserve the natural lake -area for e4co- tourism and provide a future connection to Lake Avalon. Thank you. Marilyn and Carl Knutson 3535 Windjammer Cir.k, #20901 Naples, F: 34112 1 GundlachNanc From: Zachary Paap [z_paap @yahoo.com] Sent: Monday, April 02, 2012 10:22 AM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 LETTER OF SUPPORT Dear Nancy, My Name is Zachary Paap. My Wife and I own a condo at Compass point in Windstar on Naples Bay. I am writing in support of the proposed project. We have been looking forward to improvements to Bayshore Drive for sometime now! This project will offer many things that are very well needed and will raise the standard of living for many. I feel this is an extremely great use of the land. It will offer many activities for the residents. It will add culture to Naples. Bayshore will appear more attractive and attract locals and tourist to many of the planned and existing businesses. Please feel free to contact us if further support is needed. Kindest regards, Zachry and Alana Paap Zach Paap Personal Cell: +1.954.778.0322 GundlachNancy From: robertblu@comcast.net Sent: Saturday, March 31, 2012 12:31 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Nancy Gundlach, We the undersigned,who are Florida residents and property owners @ Windstar support designation of several acres o Bayshore Drive for the purpose of initiating a cultural arts village on Bayshore In our view this will provide added value to the community and offer an activity center for the arts and cultural purposes. This also may have the potential for application for commercial purposes. It will also contribute to nature preservation with the future possibility for connection with Sugden Park. We urge you to look favorably on this project. Yours Sincerely, Robert M. Blumenberg M.D. Gayle E. Blumenberg GundlachNancy From: Mark and Kirsten Stevens [markirst @sbcglobal.net] Sent: Saturday, March 31, 2012 12:53 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Ms. Gundlach, My name is Mark Stevens. My wife, Kristen, and I have owned a residence at 3840 Clipper Cove Drive in the Windstar on Naples Bay development across the street from the proposed Cultural Arts Village since 2008 and were excited to hear that the project may be moving closer to approval. In fact, we feel so strongly about the importance of moving forward with the project that we wanted to send this letter of support and share with you why we believe the project to be so important to the community. Currently, our full -time residence is in Chicago, Illinois. We decided to purchase a home in Naples to use during the winter months and to eventually be the place that we spend most of our time after I am done working in a year or two. We selected Windstar on Naples Bay for many reasons but the one serious hesitation we had was due to the appearance and lack of development along Bayshore Drive as it would serve as our connection to Route 41 and the rest of Naples. We eventually decided to purchase the home in Windstar and "place a bet" that the development along Bayshore would come. We've been disappointed in the lack of progress along Bayshore since we purchased and have recently been discussing moving to different parts of Naples or even considering alternative cities. When we have brought family and friends to visit us in Windstar, the one critical comment we always get is the appearance and lack of development along Bayshore. We recognize that this slow development has, in large part, been due to the unfortunate stretch we are going through in the general economy and building industry and we were extremely excited when we saw the sign for the Cultural Arts Village go up on the lot. While we enjoy the entire Naples experience, we try very hard to support the businesses, parks and cultural attractions that are in our immediate area around Windstar and welcome the Cultural Arts Village and any additional development that may eventually accompany it. We feel that approval of the rezoning that would allow completion of the Cultural Arts Village project would be a major benefit to the community residents and would be a real impetus to additional community and commercial uses over the next several years and is a wise use of this particular land that would likely have to await additional development along Bayshore before other types of uses would be viable.. In addition to believing strongly that the Cultural Arts Village is a wonderful concept as a stand alone development, we feel that it could eventually lead to an even more interesting "cluster" of cultural and community attractions due to its proximity to Sudgen Park and the recently finished Naples Botanical Garden. While the wonderful night life and beaches in Naples are appealing, when we spend extended periods of time at our home, we feel that the availability of convenient cultural and community activities could be be better in our area and we think this project addresses that directly. As you can see, we are strong supporters of the Cultural Arts Village at Bayshore project and strongly encourage the Planning Commission and the Board of Commissioners to approve the requested zoning changes and to support prompt completion of this project in any ways that they can. Sincerely, Mark & Kristen Stevens 3840 Clipper Cove Drive Naples, FL narkirst @sbcglobal.net GundlachNancy From: Elizabeth Cappelletti [betsycappelletti @yahoo.com] Sent: Friday, March 30, 2012 11:04 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 We have been owners at Windstar on Naples Bay since 1986 and have watched the man many changes occur on Bayshore. I think it's development as a cultural corridor is good for everyone on Bayshore and the surrounding areas. The nice thing about it it seems to have the blessing of everyone. CRA has done a wonderful job initiated the beautification of the entire area. It will enhance the value for everyone. It will be an asset to Naples, the Naples we all love. It will be like a jewel in the ring around Naples Bay. Thank you for your kind consideration in this matter. Dr Richard and Elizabeth Cappelletti 4400 Yacht Harbor Drive, Naples 34112 GundlachNancy From: Rollin Teare [theroliste1 @hotmail.com] Sent: Saturday, March 31, 2012 10:33 AM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Nancy, We, as Windstar residents, wholly support this rezoning as another step in the improvement of this street & the surrounding areas. Sincerely, Rollin H Teare & Patricia A Teare 3845 Clipper Cove Drive Naples, FL 34112 GundlachNanc From: roger purdie [roger. purdie@sym patico.ca] Sent: Saturday, March 31, 2012 10:47 AM To: GundlachNancy Subject: Cultural Arts Village At Bayshore PUDZ- PL2010 -592 Dear Ms. Gundlach, My name is David Roger Purdie; I and my wife, Linda Purdie are property owners and residents at 4753 Yacht Harbor Dr. in the Windstar community. We are aware of the pending re- zoning proposal for the above potential development and we can't express how strongly that we feel this will be a very positive long -term development for the community in the vicinity of this property. We would urge approval of this application as promptly as possible to allow the developers the maximum lead time to make this venture a reality. Thanks for your consideration. D.R. Purdie 1 GundlachNancy From: Agnese Meehan [aj.meehan @verizon.net] Sent: Saturday, March 31, 2012 11:20 AM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Nancy: I am a full time resident here in East Naples and like the direction the CRA is accomplishing. Please note that I am in agreement with rezoning the 17+ acres of land on Bayshore Drive from mobile home to mixed =us cultural center. Please keep up the good work, we all look forward to seeing the area upgrade. Sincerely Agnese J Meehan 3284 Lookout Lane Naples Fl 34112 GundlachNancy From: Jim Frost Umfrost19 @comcast.net] Sent: Saturday, March 31, 2012 11:36 AM To: GundlachNancy Subject: Cultural Arts Village at Bayshore: PUDZ- PL2010 -592 Dear Ms. Gundlach My wife and I are owners /residents in the Bayshore area and are pleased with the progress being made to our neighborhood. From the Botanical Gardens to the recently opened Three60 Market, there are signs of life and energy along Bayshore. We understand that there is a 17+ acre parcel on Bayshore that is currently zoned for mobile homes, for which a proposal has been made to change it to mixed -use cultural center. We are strongly in favor of such a change and urge the County Commissioners to take actions to approve that change in zoning. We believe that such a change would create a positive environment for the neighborhood and would clearly be value- added. Moreover, it would assist in implementing the long -held strategy of converting the Bayshore Triangle into a cultural center for Naples. Sincerely, James M. Frost 4551 Yacht Harbor Drive Naples, FL 34112 GundlachNancy From: Whynot_1 [whynot_1 @msn.com] Sent: Saturday, March 31, 2012 11:41 AM To: GundlachNancy Subject: Rezone Hi Nancy. I am a resident and voter in Windstar cc on bayshore. I am very much in favor of the rezoning proposal for our area. A cultural arts and mixed use developement would greatly help our wonderful community. Thank You. Thomas 1 Watts. Sent from my Samsung EpicTM 4G Touch GundlachNancy From: Donald Padgitt [donpadgift @comcast.net] Sent: Saturday, March 31, 2012 11:55 AM To: GundlachNancy Subject: PUDZ- PL2010 -592 As a property owner and full time resident of Florida living in East Naples I want you to know that I full support the Cultural Arts Village at Bayshore. I will add much needed life, activity and interest to what has been over the past years, a wasted area of East Naples. My wife and I look forward to the activity that will be generated by the proposed Center. The Center will also revitalize the area and create a healthier neighborhood which should generate revenue for Collier County. There are no negatives to the proposal. Thank you, Don and Barbara Padgitt [239] 732 -5910 1 GundlachNancy From: johnswede @comcast.net Sent: Friday, March 30, 2012 9:14 PM To: GundlachNancy FROM DR AND MRS JOHN H ESBENSHADE 3868 CLIPPER COVE DRIVE NAPLES, FL 34112 WE ARE YEAR AROUND RESIDENTS OF WINDSTAR ON NAPLES BAY. WE THINK THIS IS A FANTASTIC PLAN FOR OUR WHOLE AREA AND WHOLEHEARTEDLY APPROVE. IT WOULD NOT ONLY ADD VALUE TO OUR PROPERTIES BUT ALSO GIVE BAYSHORE ANOTHER GREAT ADDITION, WHICH WOULD BE ARTISTIC AND WONDERFUL TO LOOK AT EVERY TIME WE DRIVE BY. AND FOR ALL OF US HAVE THIS IN OUR BACKYARD WITH ALL IT WOULD OFFER IS SOMETHING WE HOPE EVERYBODY WILL VOTE FOR. WARM REGARDS, JOHN AND ELSEBETH ESBENSHADE GundlachNancy From: drvotel @comcast.net Sent: Friday, March 30, 2012 9:36 PM To: GundlachNancy Subject: reply Can't think of a negative. I think the CRA has done a great job that will enhance the area for everyone. Congratulations to those who had the foresight to make Bayshore a cultural corridor and a jewel in the area surrounding Naples Bay. TW. Votel , MD 4650 Yacht Harbor Drive #131 Windstar on Naples Bay Naples, FL. 34112 GundlachNancy From: boujoukos@comcast.net Sent: Friday, March 30, 2012 6:39 PM To: GundlachNancy Subject: Bayshore cultural rezoning I am very much in favor of this rezoning proposal. George Boujoukos 4432 Lighthouse Ln. Windstar GundlachNanc From: Regina Espenshade [reginalespenshade @g mail. com] Sent: Friday, March 30, 2012 1:56 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore PUDZPL2010592 Dear Ms. Grundlach, My name is Regina Espenshade and I am a property owner in the Botanical Place Condominium. I purchased my home trusting that Collier County would honor its commitment to redeveloping Bayshore. As you know the current zoning in the 18 acre property acquired by the CRA is obsolete. It would greatly harm the community if you were to permit hundreds of mobile homes to be placed on that site. The number of hours, level of community participation, voluntary work, funding and organization devoted to creating the cultural village concept are countless and unprecedented in Collier County.The redevelopment of Bayshore will eventually generate substantial tax revenues and create a multiplier effect that far exceeds any public funds invested to date. Commercial, residential, entertainment, and natural attraction opportunities all will follow from the careful and conscientious planning of this strategic location. Please register my support for this rezoning and pass on the message to the Planning Commission and the Board of Commissioners that residents of our community are counting on them to keep their commitment to this neighborhood. Sincerely, Regina Espenshade GundlachNancy crom: Robert Button [rjbtexastrader @gmail.com] .lent: Monday, April 02, 2012 2:13 PM To: GundlachNancy Subject: RE: Cultural Arts Village at Bayshore PUDZ- PL2010 -592 Follow Up Flag: Follow up Flag Status: Flagged To Nancy Gundlach: We are Robert J Button and Sandra L Button, property owners in Windstar and also owners of Lot #1 on Jeepers,( the lot directly behind where the old welding shop was previously located). We are writing in support of the rezoning of the above referenced land. We are excited to see the improvements all ready happening on Bayshore in businesses and some homes. As registered voting citizens, we want to see Collier County cooperate in a timely way to affect these positive changes to our community. Please,streamline the process; Collier County is notorious for foot dragging and missed opportunities; let's make a good change and help the citizens of our community. Sincerely, Mr. and Mrs. Robert J Button 4474 Lighthouse Lane Naples. FL 34112 (239)403 -7351 ri btexastradera.amail.com slbutton5 l ggmail.com GundlachNancy From: Gudrun Wunderer [Mandschu @comcast.net] Sent: Monday, April 02, 2012 3:08 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Mrs. Gundlach,.... As residents of the Windstar community, we we greatly appreciate your plans for the Bayshore artists village and its surroundings. In particular, we like • The enhancement of urban structures in our neighborhood, • The future connection to Lake Avalon and the Sudgen Park, • The introduction of a link into the chain that bears a special jewel at its southern end: the Botanical Garden • The creation of a stage for open air performances and concerts • The added value to the now waste lying area of the former Bayshore Club, bringing hope that this state will change sooner. Sincerely Dr. Bernd and Gudrun Wunderer 3832 Clipper Cove Drive Naples, FL 34112 (239) 262 5841 Mandschu(@comcast.net 1 GundlachNancy From: Kyle Simoff [kms7112001 @yahoo.com] Sent: Monday, April 02, 2012 6:13 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore PUDZ- PL2010 -592 Hello Nancy, My name is Kyle Simoff. My husband, Mark, and I live in Botanical Place. We are year round residents of Naples. We initially moved to the Bayshore area(in '08) because of it's proximity to all the great assets in Naples, ie the beach, downtown, etc. Also, Bayshore seemed to be an up and coming part of the city. Of course, the downturn came and things changed. We are seeing many positive signs now and feel confident that the Cultural Arts Village would be an incredible addition to our small community as well as Naples as a whole. We would welcome this type of a change and believe it is the best way to rezone the land there. Thank you for taking our letter of support into consideration. Mark and Kyle Simoff 1 GundlachNancy From: Judy Helms [judynaples @hotmail.com] Sent: Monday, April 02, 2012 10:59 PM To: GundlachNancy Subject: FW: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Ms Gundlach, I am also a resident of Moorhead Manor and voice my strong approval of the below project. Judy Helms 28 Moorhead Manor Naples Florida 34112 239 - 775 -9460 judyngples@hotinail.com From: Aubshort@aol.com Date: Mon, 2 Apr 2012 13:45:06 -0400 Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 To: NangyGundlach @colliergov.net Dear Ms Gundlach: The rezoning of the 17+ acres of land on Bayshore Drive for the Cultural Arts Village is a needed action to move the project forward (PUDZ- PL2010 -592). Other organizations have committed to being part of the Village and are actively supporting the project. The development of this land into the Village is the best use and will add value to the community. The natural lakes on the acreage preclude it from being used as a mobile home community and it would be best to preserve this for the wildlife that presently occupy these wetlands. The Naples Botanical Garden is less that a half mile south of the proposed project it makes sense that the Village be near to that cultural icon. Its proximity to Sugden Regional Park and the plans to connect the 17+ acres with a path will make Sugden more accessible for many residents on Bayshore Drive - a positive for rezoning. My wife and many of our friends in Moorhead Manor (154 families who are real property owners and taxpayers) ask that the rezoning be approved so that the Cultural Arts Village on Bayshore Drive can be brought to fruition. I am sure that your expertise as a comprehensive planner will recognize that this is good for our community and Collier County. Thank you very much Aubrey and Diane Short 98 Moorhead Manor Naples, FL 34112 239 774 -0851 Aubshort(abaol.com GundlachNancy From: Mike and Marie Spence [mspence_98 @yahoo.com] Sent: Tuesday, April 03, 2012 11:08 AM To: GundlachNancy Subject: Cultural Arts Village at Bayshore PUDZ- PL2010 -592 Dear Nancy, As a resident/ property owner at Windstar on Naples Bay since 2002, I have been delighted with the continuing improvements along Bayshore Drive and the adjacent properties. My late husband, Mike Spence and I, Marie Spence find the area delightful. The readily available access to Florida's ecology is unusual and refreshing. New retail establishments and the Botanical Gardens are substantial attractions, and the addition of more cultural and educational opportunities would surely enhance our base. I support development of land to its highest and best use and this arts village would be most appropriate. This parcel is also key to the overall area development as it applies to access to Sugden Park. A remarkable triangle is surely under way; and this is a key piece in the puzzle. The journey to transform Bayshore has come so far. It has been a long but relentless process and I believe this would continue an endeavor which is well under way. I heartily support this issue. Marie C. Spence 4773 Yacht Harbor Drive Naples, FL 34112 239 - 435 -3554 GundlachNanc From: JSIMSINNAPLES @aol.com µ =, Sent: Tuesday, April 03, 2012 11:13 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Nancy, We followed the planning of the CULTURAL ARTS VILLAGE from it's inception and are looking foreword to the grand opening. The many diverse activities being offered will bring our community closer together. John and Marilyn Sims 36 Moorhead Manor Naples,Fl. 34112 239 - 793 -8014 v GundlachNancy From: Bruce Bonadies [brusterb @comcast.net] Sent: Tuesday, April 03, 2012 5:12 PM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Ms Gundlach, I am a windstar resident, my wife and I have lived here for 10 years. We have appreciated the interest in the development of the area and think future cultural and educational activities for the community would be a plus. Please vote to change the zoning so the efforts to continue to improve the area will not be overshadowed. Thank you for your support Bruce R Bonadies 3700 Haldeman Creek Dr 1 GundlachNancy From: GGallrein1 [ggallrein1 @comcast.neq Sent: Friday, April 06, 2012 6:47 AM To: GundlachNancy Dear Nancy, I'm very much supportive of the Cultural Arts project on Bayshore Drive moving forward. I am an owner and permanent resident and moved down here from Louisville, KY in August,2011. Thanks to all of you for all your hard work on this wonderful plans you've been working on as this will help to make our community a place we can be so proud of and the city of Naples,too. Glyna M. Gallrein 4520 Botanical Place Circle # 101 Naples, FL 341 GundlachNancy From: Yvonne Wood [ywood @johnrwood.com] Sent: Friday, April 06, 2012 9:51 AM To: GundlachNancy Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 Dear Nancy, My name is Yvonne Wood and my husband is Woody Wood We live at 4530 Botanical Place Circle, Naples 34112. We are full time residence. I am a sales associate with John R Wood Realtors. I sold over 30 condos at Botanical Place. We are in favor of rezoning the 17 plus acres from Mobile homes to Mixed use cultural center. Thank you, Yvonne and Woody Wood John R'Wood Realtors (Z39) 659-6179-Nork (239) 243- 087314obile Y1,h1ood,@ ohnrvwod.corn Yvonne Wood vivew. yvonnewood. corn If you know of someone who is thinking of buying or selling, please let me know. I always have time for your referrals. Thank you for thinking of me! " "Confidentiality Statement " "" The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e -mail and destroy all copies of the original message. GundlachNancy From: Janet Nave Danet.nave @gmail.com] Sent: Sunday, April 08, 2012 12:06 AM To: GundlachNancy Subject: cultural village at BayshorePUDZ- PL2010- This is a very important rezoning for the community. Mobile home zoning is not the highest and best use of the land. I sold real estate in NC for 25 years so know that how county commissioners rezone land is very important for growth of communities . I cannot imagine that any of our commissioners would vote no. They have the best interests of the County at heart. There may be factions on the board (as even with my condo board) but you all really care about how the entire county grows in the future. Proximity to our beloved downtown Naples and the beaches makes us prime for development one day. It was a spark that died with the real estate bust. Botanicall Gardens, Sudgen Park, Avalon Park, Bayview Park and Hamilton Harbor make this a great place to live. I love it here -- in Botanical Place on Bayshore Dr. Just minutes to Fifth Ave, Third Ave and the beaches. Who could ask for more? 1 GundlachNancy From: Janet Nave Banet.nave @gmail.com] Sent: Sunday, April 08, 2012 12:19 AM To: GundlachNancy Subject: ps I forgot to say I am a homeowner at 4410 Botanical Place Circle. GundlachNancy From: Nick Datesh [ndatesh @datesh.com] Sent: Sunday, April 08, 2012 12:39 AM To: GundlachNancy Subject: cultural village at BayshorePUDZ- PL2010 -592 The rezoning of the above PUD, via the Petition Name Cultural Arts Village at Bayshore, is an important step toward fulfilling the plan for Bayshore area development as a upmarket cultural arts district, anchored by the Naples Botanical Gardens and bordered by Naples Bay Hamilton Harbor; Windstar; Haldeman Creek; and the parks of Sugden, Avalon and Bayview. The parcel(s) to be rezone are current of limited or no development value. Given the percentage of water surface, the current use, mobile homes, could never be financially viable. The proximity of Moorehead Manor, a well- established mobile home park, makes such a use redundant in any event. Currently, there is not true developer for this property, but rezoning pursuant to proposed mixed -use site plan presents an attractive, highest -best use development potential. Rezoning consistent with the proposed site plan would give a developer a year or two jump on proceeding to execute the plan. A multi - ponded mobile home park will never happen and the property will lie fallow until its usage profile is modified. John Nicholas Datesh, Jr. Botanical Place 1 -106 South Naples, FL 1 GundlachNancy From: Sharon Worley [sharonworley7 @gmail.com] Sent: Monday, April 09, 2012 1:07 PM To: GundlachNancy Subject: Rezoning of Cultural Village Parcel I own a condominium at Botanical Place and want to let you know that I am in favoar of the rezoning of the Cultural Village Parcel in the Bayshore area. I think there is much potential in the Bayshore area and this rezoning will help to achieve that potential. Sharon Worley Botanical Place 2 -404 Naples, Fl. GundlachNancy From: heidi liebwein [Iiebweinh @yahoo.com] Sent: Friday, March 30, 2012 7:08 PM To: GundlachNancy; jourdan_j Cc: JacksonDavid; powen @dexbender.com Subject: Cultural Arts Village at Bayshore; PUDZ- PL2010 -592 To Whom it May Concern, First I want to comment that as much as a good idea this seems, how much I would love to see the beautiful architecture you have planned, and as much as I would love to have an artist community here on Bayshore I am opposed to the size Bayshore CAPA is desiring. We need to look at the big picture and not the small picture or short term. Let us ponder about long term, we have to think about what is best for Bayshore and Naples, not on our human desires. I would hate to see all this land here destroyed for businesses that cannot thrive, and then the damage is done. That is why I believe start small, see how it goes. Let enough time to go by to determine, of course it could be thriving for 5 -10 yrs, but what happens after that? Look at the past performance? Do we really want another abandoned building on Bayshore? Make use of the land that was already built on instead of destroying untouched land. In the end, my belief is what will preserve our real estate market value, not all the abandoned buildings, that will hurt the market values. That is why initially this idea sounds desirable, but if we look at past results in Naples, we must take that into consideration and realize it is not a good idea to use the amount of land you want to use. If we do use the designated sight, then preserve the old Canta Mar Apts for wildlife or land preservation. It has been the standard in Naples since I have been here since 1972 that businesses just cannot thrive. You have seen example of this just on Bayshore alone. I see no reason to destroy nature for an idea that might not work if we look at past history. My answer is to use the land that is closest to Bayshore which cannot be used for nature anyway since it is too close to civilization and start out small. Maybe the artist habitat and an eclectic coffee shop and maybe a few stores, we must use discretion that the unique business will make it and not be the same ole same ole. Use discretion as to what type of business comes in, is it different enough to bring people to Bayshore and more than guarantee success? Think of questions to ask if we do decide to build. Something that is not similar to what is going on in the rest of Naples. There is too much competition in Naples for just the "same" that these businesses do not thrive. Bring something new to the table. We do not need an amphitheater you already have something similar to that at Sugden, if not what you want, expound on the theatre there to accomplish goal. I see no need to build another amphitheater. It just doesn't make sense to me. Bayshore drive is already out of the way which is why I think businesses do not make it. I think we should use the 360 Restaurant, the new green one and see what happens there? Is that bringing in droves of people yet? No, it is not. Contemplate the fact that Naples is seasonal. More businesses Attachment E coming in cannot make it then we have already poured the concrete and the expense to put it back the way it was. I do believe your proposed idea: Cultural and educational activities for the community IS A GOOD OPTION, PROVIDED NOT MUCH LAND USE. Preserving the natural lake -area for eco- tourism (bird and natural life observation) IS A GREAT IDEA! Future connection to Lake Avalon (Sudgen Park) IT WOULD BE NICE TO TAKE A WALK OR BIKE IN A BEAUTIFUL AREA WHERE WE CAN APPRECIATE NATURE, BEYOND THE SMALL LAND TAKEN FOR AN ARTIST COMMUNITY. IT SEEMS CREATIVE IDEAS FROM THE COMMUNITY ARE NEEDED. To Recap: I BELIEVE WE SHOULD START OUT SLOW AND SMALL. THERE IS NO GUARANTEED SUCCESS BY ADDING THE BUILDINGS AND MEDICAL OFFICES THAT IT WILL BRING IN BUSINESS, AND THE CONSEQUENCES FAR OUTWAY THE SHORT TERM BENEFIT. BAYSHORE SEEMS LIKE A RESIDENTIAL AREA, NOT AN AREA FOR BUSINESSES TO THRIVE SO WE HAVE TO USE CAUTION. THE FACT THAT THERE ARE ABANDONED BUILDINGS FROM BUSINESSES COULD NOT MAKE IT DOES NOTHING FOR PROPERTY VALUES IN THE AREA, IT IS AN EYESORE, AND CAN ENCOURAGE SQUATTERS. WHY ISN'T SOMETHING BEING DONE TO THE ABANDONED BUIDINGS? FIX THAT PROBLEM FIRST BEFORE ADDING MORE PROBLEMS. SHALL WE USE THOSE EXISTING BUILDINGS AS AN ARTIST COMMUNITY AND SAVE THE EXPENSE OF TEARING THAT DOWN, Aftw BECAUSE IT WILL REMAIN EMPTY FOR 10 YRS. WHAT IS THE LESSON LEARNED FROM CANTA MAR APTS? A SMALLER AREA TAKEN FOR THIS IDEA WOULD BE MORE BENEFICIAL. KEEP THE PARKING GARAGE OUT AND MEDICAL OFFICES AND BUSINESS OFFICES OUT. We need to think of the big picture for Bayshore and not be selfish due to greed. Let us do what is best for Bayshore Drive AND Naples. Let us make this a benefit to Bayshore. I also do not think 5 convenience stores on Bayshore helps the real estate values at all, that is akin to adding strip malls and adult video stores. Let us put a thought process into this. If this does bring in businesses considerations should be made as to the increase in traffic for the residents, is that a good idea? Thank you for your time. Signed, Full time area resident and property owners Heidi Liebwein and Corinne Liebwein 118 Moorhead Mnr Naples, FL 34112 -6590 tel/ 239 - 774 -2567 z Co *.r county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 APPLICATION FOR PUBLIC HEARING FOR: ❑ AMENDMENT TO PUD (PUDA) ® PUD REZONE (PUDZ) ❑ PUD TO PUD REZONE (PUDZ -A) PETITION NO PUDZ -PL- 2010 -592 REV 1 PROJECT NAME CULTURAL ARTS VILLAGE AT BAYSHORE DATE: 3/30/10 DATE PROCESSED DUE: 4/27/10 APPLICANT INFORMATION NAME OF APPLICANT(S) COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY ADDRESS 4069 BAYSHORE DRIVE CITY NAPLES STATE FL ZIP 34112 TELEPHONE # 239-643-1115 CELL # FAX # E -MAIL ADDRESS: DAVIDJACKSON(a)-COLLIERGOV.NET NAME OF AGENT BANKS ENGINEERING ADDRESS 10511 SIX MILE CYPRESS PARKWAY, SUITE 101 CITY FORT MYERS STATE FL ZIP 33966 TELEPHONE # (239) 939 -5490 CELL # (239) 770 -2527 FAX # (239) 939 -2523 E -MAIL ADDRESS: SHEWITT(Zi)BANKSENG.COM NAME OF AGENT PIZZUTI SOLUTIONS, LLC ADDRESS: 300 SOUTH ORANGE AVENUE, SUITE 300 CITY ORLANDO STATE FL ZIP 32801 TELEPHONE # (407) 841 -0000 FAX # (407) 833 -4670 E -MAIL ADDRESS: thanner @pizzuti.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Revised Nov2009 GAer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http:/ /www.colliergov .net /index.aspx ?page =774 NAME OF HOMEOWNER ASSOCIATION: NAPLES PLACE IV - APARTMENTS OWNER MAILING ADDRESS 4058 BAYSHORE DRIVE CITY NAPLES STATE FL ZIP NAME OF HOMEOWNER ASSOCIATION: MOORHEAD MANOR MOBILE HOME PARK MAILING ADDRESS 4260 BAYSHORE DRIVE CITY NAPLES STATE FL ZIP NAME OF HOMEOWNER ASSOCIATION: WINDSTAR MASTER ASSOCIATION, INC. MAILING ADDRESS 1700 WINDSTAR BLVD CITY NAPLES STATE FL ZIP NAME OF HOMEOWNER ASSOCIATION: BOTANICAL PLACE HOMEOWNERS MAILING ADDRESS 2685 HORSESHOE DR., STE. 215 CITY NAPLES STATE FL ZIP 34104 NAME OF HOMEOWNER ASSOCIATION: ABACO BAY HOMEOWNERS MAILING ADDRESS 745 12TH AVE. SOUTH, STE. AA CITY NAPLES STATE FL ZIP 34102 Revised Nov2009 CAN-ir County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 g. Date subject property acquired ® 08/01/2006 leased ❑ Term of lease _ yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 14 / 50 -5 / 25 -E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: See Attached - EXHIBIT "A" Size of property: 668± ft. X 1,269± ft. = Total Sq. Ft. 779,300± Acres17.89± Address /general location of subject property 4265 & 4315 BAYSHORE DRIVE PUD District (LDC 2.03.06): ® Residential ❑ Community Facilities ® Commercial F-1 Industrial Revised Nov2009 or Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 ADJACENT ZONING AND LAND USE Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range / / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the C -2, C -4 & MH- BMUD -NC zoning district(s) to the Mixed Use PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Mixed Residential and Commercial Uses as well as Recreation Original PUD Name: N A Ordinance No.: Revised Nov2009 Zoning Land Use N C- 4- BMUD -NC, MH- BMUD -NC COMMERCIAL, RESIDENTIAL S C- 4- BMUD -NC, VR- BMUD -R3 FIRE STATION, RESIDENTIAL E PUD SUGDEN PARK W MH, RMF- 6- BMUD -R3, PUD RESIDENTIAL & VACANT Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range / / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the C -2, C -4 & MH- BMUD -NC zoning district(s) to the Mixed Use PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Mixed Residential and Commercial Uses as well as Recreation Original PUD Name: N A Ordinance No.: Revised Nov2009 CoAer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.B) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject property is within the Bayshore Gateway Triangle Redevelopment Overlay and the proposed PUD conforms to the standards for redevelopment within the overlay, demonstrating the suitability of the area for the type and pattern of development proposed. The project is an infill development with access to existing facilities. Development conditions contained within the PUD document provide assurance that all infrastructure will be developed consistent with County_ regulations. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for the continuing operation & maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub - district, policy or other provision.) The subject property is located within the Urban -Mixed Use District, Urban Coastal Fringe Subdistrict. The proposed density is 2.2 dwelling units per gross acre, which is consistent with the maximum density of 4 dwelling units per acre for this Subdistrict. New rezones to permit mobile home development within this Subdistrict are prohibited and rezones are recommended to be in the form of a Planned Unit Development. The subject request is consistent with these standards as it is rezoning property designated for mobile home development and requesting a Planned Unit Development designation. Revised Nov2009 The proposed PUD is consistent with Policy 4.7 as it proposes redevelopment within the Bayshore /Gateway Triangle Redevelopment Plan which was adopted by the Board of County Commissioners on March 14, 2000. The proposed PUD is consistent with the description of the Bayshore /Gateway Triangle Redevelopment Plan. The proposed PUD is a Mixed -Use development that is pedestrian oriented traditional urban development with the buildings fronting on Bayshore and providing access to Comer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 adiacent residential areas. The non - residential /non - commercial uses proposed are consistent with the description The existing zoning of a portion of the property is zoned for mobile home development, inconsistent with the uses and development standards of the Overlay and the proposed PUD removes mobile homes from the permitted uses The proposed PUD is consistent with Policy 5.3 as the development is proposed within an area designated as Urban on the Future Land Use Map that has access to existing public facilities and services discouraging unacceptable levels of urban sprawl Consistency with Policy 5.4 as the proposed PUD implements the Bayshore /Gateway Triangle Redevelopment Plan vision and is complementary to the surrounding land uses with proposed access to Suaden Park, nestled between two existing residential neighborhoods The proposed PUD is utilizing land presently designated for urban intensity, consistent with Policy 5.5. The proposed PUD is consistent with Policy 5.6 as it proposes a Mixed Use Planned Unit Development including a live /work village component.. The proposed PUD conserves open space and provides on -site preservation of indigenous vegetation The proposed internal access road creates a loop road with access provisions for the adjacent property and providing access to an additional roadway in an effort to help reduce vehicle congestion, consistent with Policy 7.2 and 7.3. The proposed PUD provides a walkable community and proposed to connect Bayshore Drive to Suaden Park. There are common open spaces civic facilities and live /work residential units consistent with Policies 7.4 and 7.5 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been coordinated with neighboring properties & designed to optimize internal and external land use relationships. Access has been limited to a loop road system with 2 access points onto Bayshore Drive that will serve the subject project and the adjacent property with an additional access onto Jeel2er's Drive The proposed parking garage has been strategically located to serve as a buffer to the formal lawn /performance area The proposed buffers are consistent with the Bayshore Drive Mixed Use Overlay standards with the exception of proposed deviations to enhance the lakefront edges by requiring a type "A" buffer along the proposed tracts that are currently buffered by the existing lake No buffer is proposed along the property line to the north since it is within an existing lake A shared commercial buffer is proposed along the property along Bayshore Drive that is not included within the request 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. Proposed is a boardwalk connecting to Sugden Park and useable waterfront areas. A formal lawn /performance area is also proposed 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Revised Nov2009 0 CAer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING $ LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 There are adequate & available facilities for this project. Furthermore, the timing or sequence of development in light of concurrency requirements is not an issue. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property and surrounding areas are within the Bayshore/Gateway Triangle Redevelopment Overlay that has been adopted by the Board of County Commissioners. The proposed PUD has been designed using the Bayshore Drive Mixed Use District Neighborhood Commercial standards and removes the mobile home zoning designation. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed PUD utilizes the Bayshore Mixed Use District Neighborhood Commercial regulations as a baseline for the development. The proposed deviations from these standards are to allow special treatment of the buffering due to existing unique site circumstances and proposed enhanced waterfront areas. The proposed regulations contained in the submitted PUD document meets public purposes by conforming to the Gateway /Triangle Redevelopment Plan standards and revitalizing the area. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ® No If so, please provide copies. Revised Nov2009 CoAer Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 NOTICE: This application will be considered `open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (b) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.0.) Revised Nov2009 d