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Backup Docs 03/12/2013 (CR) At-6e, 34013 L ' Coca+ c orkr- IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA IN RE: ESTATE OF File No. 2013 - 3Sg CHARLES B. MINARD, III Division: PROBATE (-, Deceased. o C) '''' - r = r1 rn y• rJ ?� = ...1 LETTERS OF ADMINISTRATION ° cn F TO ALL WHOM IT MAY CONCERN: w - WHEREAS, Charles B. Minard, III, a resident of Collier County, Ronda(; di orb;ca 7 December 21, 2012, owning assets in the State of Florida, and WHEREAS, Charles B. Minard, II, and Elsie L. Minard have been appointed personal representatives of the estate of the decedent and have performed all acts prerequisite to issuance of Letters of Administration in the estate, NOW, THEREFORE, I, the undersigned Circuit Judge, declare Charles B. Minard, II, and Elsie L. Minard duly qualified under the laws of the State of Florida to act as personal representatives of the estate of Charles B. Minard, III, deceased, with full power to administer the estate according to law; to ask, demand, sue for, recover and receive the property of the decedent;to pay the debts of the decedent as far as the assets of the estate will permit and the law directs; and to make distribution of the estate according to law. Ordered on I {.&t•ck 3 , 2013. I,Dwight E.Brock,C*Iti of Courts In and fccOoliter(bunt% .10 �' do try certify that the above instrum�t is a true and oerrect copy of the original which is on file in my oboe ��(,(,CGL 0 la the courthouse in Naples,Collier County,Florida,and , Circuit Judge that same is in full fore and effect this date. .,."�` on&ray,, d.' i seal this day.f r4,.. .r /Lit`.`alat ,4_ ,,Sri" - % ref _ Deputy Cleric = _ � 2112481_I 3(121t IN THE CIRCUIT COURT FOR COLLIER COUNTY, P %' FLORIDA r_ T - i IN RE: ESTATE OF ; G' ;« File No 2013 c,) r.) CHARLES B. MINARD, III Division: PROBATE Deceased. ORDER APPOINTING PERSONAL REPRESENTATIVES On the petition of Charles B. Minard, II, and Elsie L. Minard for administration of the estate of Charles B. Minard, III, deceased, the court finding that the decedent died on December 21, 2012; and that Charles B. Minard, II, and Elsie I,. Minard are entitled to appointment as personal representatives by reason that they are the majority-in-interest beneficiaries of the estate, it is ADJUDGED that Charles B. Minard, II, and Elsie L. Minard are appointed personal representatives of the estate of the decedent, and that upon taking the prescribed oaths, filing the designations and acceptances of resident agent, and entering into bond in the sum of , letters of administration shall be issued. ORDERED on , 2013. Circuit Judge 2112481_1 Tr non xi z a 3 n 3 > o .0 3 m M /'O rn 3rrn rn Z 'A A p u1rnj° a Z r. 0 v 3 pro ha rn RI 3 P. g c To 3 viz ( ': O C j° zrn ►- �' z vz ,� 8 ■ Z g 0 r- �r- ry , ZiF. i'll a ^ rnWw �� .I, ri r.rn 3 rn . .•i — 171 r Z � Dw 1 ' q __ > O r il e ,_ g O r.in' r61 1 >'-9 2<3 i' v _G v C ° n0 Dvo . v .�c -i O` `� 3 M worn o � � o . ( �° ° § = al v o 3O ° - © co = O r74 v IT j N � -I z -1Q ~ 0 o pOv CD rt D rnv� 3 70 70 O ; rrn o N N NA U 4 Tf., -N A rn D o _ >xF w N O0 co m 03 0 p n 'O D z 14 o. a t� it -.•Z itsw frzit3 Co u c far C COLL /E R IS 1�,ESER,VE ASSOCIATION �/ 11711 Collier's Reserve Drive-Naples,FL 34110 Tel:239.254.0862 - Fax:239.254.7784 W W W . C O L L I E R S R E S E R V E H O A . C O M - M A N A G E R C O L L I E R S R E S E R V E H O A . March 11,2013 Commissioner Georgia Hiller,Chairwoman Board of County Commissioners 3299 Tamiami Trail East Naples,Florida 34112 RE; Creekside PUD Amendment Dear Chairwoman Hiller, Over the past several weeks, we have been meeting with the Developer of the Creekside PUD regarding the proposed amendments to the PUD to add three uses to the PUD. The three uses are a hotel,senior housing and an intermediate care facility. The Developer met with us three times to listen to our concerns. Based upon our meetings,the Developer has made changes to its original proposal and has made further changes to the setbacks and heights previously approved by the Collier County Planning Commission on the Eastern parcel B. The Developer has agreed to reduce the height approved by the Planning Commission on the Eastern parcel B fronting Immokalee Road. The Planning Commission approved a zoned height of 65 feet and an actual height of 75 feet. The Developer has agreed to reduce the height to a zoned height of 60 feet and an actual height of 70 feet with an increase in setback for any portion of the building exceeding 50 feet equal to three feet in height. In addition,the Developer has agreed to increase the setback along Goodlette-Frank Road in the I-C district for any new use. The Planning Commission approved a minimum setback of 50 feet with an increase in setback fdr any portion of the building exceeding 50 feet equal to two feet for each foot in height. The Developer has agreed.to increase the setback for any new use in the I-C district that exceeds 'a zoned height of 50 feet to a minimum setback of 75 feet with an increase in setback for any portion of the building exceeding 50 feet equal to two feet for each foot in height. Buildings under 50 feet or less in height have a minimum 50 foot setback except for the hotel use which would have a 75 foot setback. We do not.object to the_Board of County Commissioners approving this PUD document. Provided, however, that the Collier's Reserve Association reserves all rights and procedures available to comment on and insure the site plan complies with the PUD requirements. In addition; Collier's.Reserve association is resigned to the ruling of the Board of County Commissioners in Resolution No. 12-120 with respect to the tire store. If you heave any questions regarding this matter,please feel free to contact me. building or structure associated with this use may not exceed a zoned height of fifty feet(50')and an actual height of sixty(60'). b) al'hc croup housing foe the elderly and_intermediate Care f2Cilitic'constructed.. Formatted:Indent:Left: 1",Hanging: 0.5", on the easternmost B designated tract adjacent to lmmokalee Road.as shown Tab stops 0",Left on the Master Plan,shall have a zoned height of sixty feet(60')and_ an actual__ _ Formatted:Font color:Red height of seventy feet(y). Formatted:Font color:Red Formatted:Font color:Red c) iAll other uses permitted pursuant _to__Section IV shall be limited to a .- Formatted:Font color:Red maximum zoned height of fifty(50')and an actual height of sixty(60'). E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. _ Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. + `Formatted:List Paragraph,Left, No bullets or 4.5 DEVELOPMENT DEVIATIONS numbering,Hyphenate,Tab stops:Not at 0.5" , + {Formatted: No bullets or numbering 1. Deviation from LDC: Section 5.05.04 D.1 which establishes a .45 floor area ratio.- Formatted:Indent:Left: 0",Hanging: 1", No (FAR) for group housing uses, to permit an FAR of.6 for group housing uses. bullets or numbering including the intermediate care facility. ,4.6 LANDSCAPE BUFFER RESTRICTIONS {Formatted:Font color:Red The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.A.2 and B.2 are prohibited. Amended PUD(revisionl revCR Agree 3-12-2013) 4-6 March 11,2013 49/4 3(t2(t3 G 1 SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as"I/C". 3.2 GENERAL DESCRIPTION Areas designated as"I/C"on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6± net acres. Iptermediate care(SIC Code 8052),croup housing and hotel/motel,uses(SIC Code 7011 --- Formatted:Font:12 pt,Font color:Red are in addition to the IC gross square footage figures. The overall floor area ratio(FAR) ';.;;,; Formatted:Font:12 pt,Font color:Red for the IC designated initustrial-tand-usesareas s shall not exceed .35:however. individual Formatted:Font:12 pt,Font color:Red parcels may be developed at a higher FAR and the FAR for hotel/motel. group housing, '.. Formatted:Font:12 pt,Font color:Red and intermediate care facilities (SIC Code 8052) shall not exceed .6. (Refer to Section Formatted:Font 12 pt,Font color.Red 3.5. Deviations), Formatted:Font:12 pt,Font color:Red 3.3 PERMITTED USES AND STRUCTURES Formatted:Font:12 pt,Font color:Red Formatted:Font:12 pt,Font color:Green No building or structure,or part thereof,shall be erected,altered or used,or land used,in whole or part,for other than the following: A. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors(Groups 1521-1542),except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 4. Business Services(Groups 7311-7313,7319,7322,7323, 7331-7338,7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies)model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; Amended PUD(revision)revCR Agree 3-12-2013) 3-1 March 12,2013 q.4 3-4-8 ,sec. bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services(Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service) 7. Computer and Office Equipment(Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors;fuel oil burner installation and servicing contractors;gasoline hookup contractors;sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors;gasoline pump installation contractors;lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions(Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk,uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631,3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers,street and airport;transformers, reactor; atom smashers(particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) Amended PUD(revision 1 revCR Agree 3-12-2013) 3-2 March 12,2013 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469,3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) 16. Government Offices/Buildings(Groups 9111-9199,9221,9222,9224-9229, 9311,9451,9511-9532,9611,9631-9661)- 4 {Formatted:Indent:Left: 1.5", No bullets or ' 4-6 l 7. Hotels/Motels(Group 7011). not to exceed a maximum of„40180,rooms , `numbering for the entire PUD. Only 1 Hotel/Motel is permitted within the PUD and it Formatted:Font color:Red must be located east of Goodlette-Frank Road and subject to specific •..;'[Formatted:Font color:Green,Strikethrough development standards and setbacks in Section 3.4` '(Formatted:Font color:Red Formatted:Font color:Red 4-7,18. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers';ammunition and explosives loading machinery;brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors;foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines;metal pickling equipment,except rolling mill lines) 1 :19. Leather and Leather Products(Groups 3131-3199) I -1-9:20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods:Watches and Clocks Manufacturing(Groups 3812-3843, 3845-3873) I 20.21. Membership Organizations(Groups 8611-8631) I 24-:22. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring,tanning,bleaching and dyeing;plumes,feather;tear gas devices and equipment;veils made of hair) 3123. Motion Picture Production(Groups 7812-7819) 2-3,24. Motor Freight Transportation(Groups 4214,4215) Amended PUD(revision)revCR Agree 3-12-2013) 3-3 March 12,2013 24,25. Packing and Crating(Group 4783) 35:26. Paper and Allied Products(Groups 2652-2657,2673-2679) 26.27. Personal Services(Groups 7213,7216,7219,7221) 27.28. Physical Fitness Facilities(Group 7991) 28:29. Plastic Materials and Synthetics(Groups 2833,2834) 29:30. Printing,Publishing and Allied Industries(Groups 2711-2791) 3431. Professional Offices: including but not limited to,Travel Agencies(Group 4724); Insurance Agencies(Group 6411); Insurance Carriers(Groups 6311- 6399);Real Estate(Groups 6512,6514,6517,6519,6531,6541,6552,) 3-1,32. Rubber and Miscellaneous Plastic Products(Groups 3021,3085,3086,3088, 3089) 3'_'2 33. Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats,sailboats,rowboats,and canoes- building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 3-3.34. United States Postal Service(Group 4311) 3-1-35. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage,petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 35,36. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber: rough, dressed, and finished-wholesale; batteries, except automotive-wholesale; storage batteries, industrial-wholesale; unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating-wholesale; burners, fuel oil and distillate oil- wholesale;oil burners-wholesale) 3037. Wholesale Trade-Nondurable Goods(Groups 5111-5143, 5145,5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and vegetable-wholesale;ice,manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale;worms-wholesale) Amended PUD(revision'revCR Agree 3-12-2013) 3-4 March 12,2013 37.38. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to Assisted living facilities. independent living units.skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1. 3.3.B.2.4.3.B.1 and 4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank Road. -k2. Health Services, medical clinics and offices (Groups 8011-8049. 8052). a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1.3.3.B.2.4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 2 3. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8092,8099) 3,4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. Formatted:Outline numbered+Level:2+ Numbering Style:A,8,C,...+Start at:1+ 2. Retail and wholesale sales and/or display areas as accessory to the principal 1 Alignment:Left+Aligned at: 0.5"+Indent at: use,not to exceed an area greater than forty percent(40%)of the gross floor 1" area of the permitted principal use. : Formatted:Indent:Left: 1" Formatted:Indent:Left: 1.38",Hanging: D. Operational Requirements for Group Housin g / i 0.25',Numbered+Level:3+Numbering Style: 1,2,3,...+Start at:1+Alignment:Left+ Aligned at: 2.88"+Indent at: 3",Tab stops: Group housing uses described in Section 3.2.B.1 shall provide the following services 1.63",Left and/or be subject to the following operational standards: •,Formatted:Indent:Left: 1",First line: 0.5" Formatted:Indent:Left: 1.38",Hanging: 1. The facility shall be for residents 55 years of age and older. 0.25",Numbered+Level:3+Numbering Style: 1,2,3,...+Start at:1+Alignment:Left+ Aligned at: 2.88"+Indent at: 3",Tab stops: 2. There shall be on-site dining for the residents. ,1.63",Left .----- Formatted:Indent:Left: 1.63",Tab stops: 1.63",Left Amended PUD(revision(revCR Agree 3-12-2013) 3-5 March 12,2013 3. Group transportation services shall be provided for residents for the• Formatted:Indent:Left: 1.38",Hanging: purposes of grocery and other types of shopping. Individual o.zs",Numbered+Level:3+Numbering Style: 1,2,3,...+Start at:1+Alignment:Left+ transportation services may be provided for the residents' individualized Aligned at: 2.88"+Indent at: 3",Tab stops: needs including but not limited to medical office visits. 1.63",Left 4. There shall be an on-site manager/activities coordinator to assist.- Formatted:Indent:Left: 1.38",Hanging: residents with their individual needs.The manager/coordinator shall also 0.25",Numbered+Level:3+Numbering Style: 1,2,3,...+Start at:1+Alignment:Left+ be responsible for arranging trips to off-site events as well as planning Aligned at: 2.88"+Indent at: 3",Tab stops: for lectures, movies, music and other entertainment for the residents at 1.63",Left the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness Formatted:Indent:Left: 1.38",Hanging: programs shall be provided for the residents. 0.25",Numbered+Level:3+Numbering Style: 1,2,3,...+Start at:1+Alignment:Left+ Aligned at: 2.88"+Indent at: 3",Tab stops: 6. Each unit shall be equipped to notify emergency service providers in the.- .. 1.63 Left event of medical or other emergency. Formatted:Indent:Left: 1.38",Hanging: 0.25",Numbered+Level:3+Numbering Style: 1,2,3,...+Start at:1+Alignment:Left+ 7. Each unit shall be designed to accommodate residents with physical*,.., Aligned at: 2.88"+Indent at: 3",Tab stops: impairments (handicaps) as required by the applicable building codes 1.63",Left and federal law and regulation. Formatted:Indent:Left: 1.38",Hanging: 0.25",Numbered+Level:3+Numbering Style: 1,2,3,...+Start at:1+Alignment:Left+ 3.4 DEVELOPMENT STANDARDS Aligned at: 2.88"+Indent at: 3",Tab stops: 1.63",Left A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet(50'). For parcels located east of Goodlette-Frank Road. see additional setback requirements in Section 3.4.C.7.a. 2. Front Yard,Internal: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet(5')to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet(0')to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') Amended PUD(revision)revCR Agree 3-12-2013) 3-6 March 12,2013 7. Minimum Building Setback from Existing Goodlette-Prank Road Right-of- Way East of Goodlette-Frank Road: a) Goodlette-Frank Road: Minimum of fifty feet (50'1. except as provided as follows: i) For group housing for elderly and intermediate care use: (a) If the zoned height of any structure exceeds 50 feet.. {Formatted:Indent:Left: 2.5" the minimum setback is 75 feet plus for any portion -(Formatted:Font:12 pt of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio(i.e.. for one vertical foot of height. setback is increased by two horizontal feet) for pat portion of the building over -.- (Formatted:Font:12 pt 50 feet of height. ii) For hotel/motel use: t Formatted:Normal,Justified,Indent:Left: 1.5",Hanging: 0.5",Add space between paragraphs of the same style, No bullets or (a) Minimum setback of 75 feet regardless of height-•.- numbering,Don't hyphenate,Tab stops: -0.5", plus for any portion of a building exceeding fifty Left+ o",Left+ 0.5",Left feet in zoned height an increased setback at a 1:2 Formatted:Indent:Left: 2.5" ratio (i.e.. for one vertical foot of height. setback is Formatted:Font:12 pt increased by two horizontal feet) for,that portion of ---- Formatted:Font:12 pt the building over 50 feet of height. {Formatted:Font color:Red D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: t=Fhirty_f Five I1=eet (35'), including silos, storage tanks, elevator towers, satellite dishes, antennas,etc. For parcels east of Goodlette-Frank Road: the Hotel,group housing --{Formatted:Underline,Font color:Red Pr the elderly, and1SlCthe intermediate care facility shall have a zoned height Underline,Font color:Red seventy-live feet(75'). actual height eight-five feet(85'). All other uses permitted `--(Formatted:Font color:Red east of Goodlette-Frank Road pursuant to Section III shall have a zoned height of Formatted:Font color:Red fifty feet(50')and an actual height of sixty feet(60'). E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material,such as,but not limited to,block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. Amended PUD(revisionl revCR Agree 3-12-2013) 3-7 March 12,2013 G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof,alternatively,said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. Loading Areas:Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north,east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment,maintenance,and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the {Formatted:Font Alignment:Baseline Environmental Protection Agency(Code of Federal Regulations,Title 40)and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. Amended PUD(revision'revCR Agree 3-12-2013) 3-8 March 12,2013 • 3.5 DEVELOPMENT DEVIATIONS • L formatted: No bullets or numbering 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio.. {Formatted:Indent:left: 0",Hanging: 1 No (FAR) for group housing uses. to permit an FAR of.6 for croup housing uses. bullets or numbeiing including the intermediate care facilities. ,3.6 LANDSCAPE BUFFER RESTRICTIONS .-- {Formatted:Font color:Red The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.B.2.and B.3 are prohibited Amended PUD(revision!revCR Agree 3-12-2013) 3-9 March 12,2013 SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as"B". 4.2 GENERAL DESCRIPTION Areas designated as`B"on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1±net acres. Intermediate care facilities . ---(Formatted:Font:12 pt,Font color:Red (SIC Code 8052 group housing and,hotel[motel uses(SIC Code 7011),are in addition to .-..----{Formatted:Font:12 pt,Font color:Red the B District gross square footage figures. The overall floor area ratio (FAR) for the B Formatted:Font 12 pt,Font color:Red designated bushi °s land usesareas shall not exceed.35; however. individual parcels may Formatted:Font:12 pt,Underline be developed at a higher FAR and ,he FAR for hotel/motel. group housing and ., Formatted:Font:12 pt,Font color:Red intermediate care facilities (SIC Code 8052) shall not exceed .6. (Refer to Section 4.5. Formatted:Font:12 pt,Font color:Red Deviations) Formatted:Font:12 pt,Font color:Red 4.3 PERMITTED USES AND STRUCTURES Formatted:Font:12 pt,Font color:Red No building or structure,or part thereof,shall be erected,altered or used,or land used,in whole or part,for other than the following: A. Permitted Principal Uses and Structures: 1. Building Contractors(Groups 1521-1542),except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 2. Business Services(Groups 7311-7313,7319,7322,7323,7331-7338,7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents Amended PUD(revision I revCR Agree 3-12-2013) 4-1 March 12,2013 recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 3. Child Day Care Services(Group 8351) 4. Convenience Store(Group 5411)and Gasoline Filling Station(Group 5541) only one(1)allowed. 5. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service. 6. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines 7. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk,uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 8. Eating Places (Group 5812) not including fast food and drive-thru restaurants 9. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 10. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 11. Government Offices/Buildings(Groups 9111-9199,9221,9222,9224-9229, 9311,9451,9511-9532,9611,9631-9661) {Formatted:Font color:Red -I-1-12. Hotels/Motels(Group 7011); not to exceed a maximum of 240180 rooms for the entire PUD..Only 1 hotel/motel is permitted within the PUD and it .- --(Formatted:Font color:Red must be located east of Goodlette-Frank Road and subject to additional buildine development standards and setbacks identified in Section 4.4. +?.I3. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers(Groups 6311-6399);Real Estate(Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices(Groups 6712-6799);Attorneys(Group 8111) -l-3 14. Physical Fitness Facilities(Group 7991) Amended PUD(revisionl revCR Agree 3-12-2013) 4-2 March 12,2013 Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to assisted living facilities. independent living units,skilled nursing units and continuing care retirement communities. A maximum of 400,aggregate beds shall be permitted for the :..---•{Formatted:Font color:Red uses listed in Sections 3.3.8.1. 3.3.B.2. 4.3.B.1 and 4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank Road. -1-2. Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store allowed. 2=3. Health Services, Medical Clinics and Offices (Groups 8011-8049. 8052), a maximum of 400,aggregate beds shall be permitted for the uses listed in - --{Formatted:Font color:Red Sections 3.3.B.I. 3.3.13.2.4.3.B.I and 4.3.B.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 3,4. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8099) =15. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal • use,not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing t Formatted:Outline numbered+Level:2+ Numbering Style:A,B,C,...+Start at:1+ Alignment:Left+Aligned at: 0.5"+Indent at: Group housing uses described in Section 4.2.B.1 shall provide the following services 1" and/or be subject to the following operational standards: Formatted:Indent:Left: 1.38",Numbered+ I. The facility shall be for residents 55 years of age and older. Level:1+Numbering style:i,2,3,...+Start Y at:1+Alignment:Left+Aligned at: 2.88"+ Indent at: 3.13" Amended PUD(revisions revCR Agree 3-12-2013) 4-3 March 12,2013 2. There shall be on-site dining for the residents. Formatted:Indent:Left: 1.38",Numbered+ Level:1+Numbering Style:1,2,3,...+Start at:1+Alignment:Left+Aligned at: 2.88"+ 3. Group transportation services shall be provided for residents for theme•.- Indent at: 3.13" purposes of grocery and other types of shopping. Individual Formatted:Indent:Left: 1.38",Numbered+ transportation services may be provided for the residents' individualized Level:1+Numbering Style:1,2,3,...+Start needs including but not limited to medical office visits. at:1+Alignment:Left+Aligned at: 2.88"+ g it Indent at: 3.13" 4. There shall be an on-site manager/activities coordinator to assist* r Formatted:Indent:Left: 1.38",Numbered+ residents with their individual needs.The manager/coordinator shall also Level:1+Numbering Style:1,2,3,...+Start at:1+Alignment:Left+Aligned at: 2.88"+ be responsible for arranging trips to off-site events as well as planning Indent at: 3.13" for lectures. movies. music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness* Formatted:Indent:Left: 1.38",Numbered+ programs shall be provided for the residents. Level:1+Numbering Style:1,2,3,...+Start at:1+Alignment:Left+Aligned at: 2.88"+ Indent at: 3.13" 6. Each unit shall be equipped to notify emergency service providers in the.--------- Formatted:Indent:Left: 1.38",Numbered+ event of medical or other emergency. Level:1+Numbering Style:1,2,3,...+Start at:1+Alignment:Left+Aligned at: 2.88"+ Indent at: 3.13" 7. Each unit shall be designed to accommodate residents with physical*----------- Formatted:Indent:Left: 1.38",Numbered+ impairments (handicaps) as required by the applicable building codes Level:1+Numbering Style:1,2,3,...+Start and federal law and regulation. at:1+Alignment:Left+Aligned at: 2.88"+ Indent at: 3.13" 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard,Immokalee and Goodlette-Frank Roads: Fifty feet(50') 2. Front Yard,Internal Roads: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet(5')to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet(0')to bulkhead or rip-rap at top of bank,otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') Amended PUD(revisionl revCR Agree 3-12-2013) 4-4 March 12,2013 Minimum Building Setback from Perimeter Boundary of PUD for Properties West of Goodlette-Frank Road: a) Fifty feet(50')for buildings up to thirty five feet(35')in height. b) Three additional feet(3')for every one foot of building height over thirty five feet(35')adjoining residential districts. 7. For Properties East of Goodlette-Frank Road: Minimum Building Setback from Perimeter Boundary of PUD and from Public Roadways f a) Immokalee Road: Minimum of fifty feet (50') and—plus for any portion of a building exceeding a zoned height of fifty feet(50').that portion of the building shall have its building setback increased at a 1:3 ratio (i.e. one (I') vertical foot of height for every three (3') horizontal feet-)):or For any portion of a hotel that may be constructed on the B designated tract at the southeast corner of Goodlette-Frank Road and lmmokalee Road. a minimum five hundred foot (500') building setback from Immokalee Road. b) Goodlette-Frank Road: Minimum of fifty feet (50') and for any portion of a building exceeding a zoned height of fifty feet(50').that portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (1') vertical foot of height for every two (2') horizontal feet):or,However.f .. -.(Formatted:Font color:Red For any portion of a hotel on the B designated tract on the southeast ..---{Formatted:Font color:Red corner of lmmokalee Road and Goodlette-Frank Road.the minimum setback from Goodlette-Frank Road shall be seventy-five (75') regardless of height. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road. tThree stories over parking to a maximum of fifty feet(50') for buildings within I/'I mile of the hospital property boundary except that no structure shall be greater than thirty- five feet(35'),on property west of the Pine Ridge Drainage Easement. For Properties East of Goodlette-Frank Road: a) ,The group housing for the elderly and intermediate care facilities constructed.--„.....--{Formatted:Font color:Red on the B designated tract located at the southeast quadrant of the Goodlette- {Formatted:Indent:Left: 1",Hanging: 0.5" Frank Road and Immokalee Road intersection shall have a zoned height of sixty feet(60')and an actual height of seventy feet(70').except that a hotel Amended PUD(revisionl revCR Agree 3-12-2013) 4-5 March 12,2013 d 0 • ' Q D3 E O p mO w w o ° a W . 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W R LI ce < ce z p V1 d ° WN Lu z WW W FE o2o 4 Cg f —1 1 a c 92 UmN O v p w .� >- W U Iii Z W 0 a d o = 0 5 f 4 Z CL ow U d 6519 Ilex Circle Naples,FL 34109 Feb.28,2013 IPP-7/TV31-01 Board of County Commissioners (:f, `' 101.' I Collier County BY: Commissioner Georgia A. Hiller,Esq.,Chair Commissioner Fred W.Coyle Commissioner Donna Fiala Commissioner Tom Henning Commissioner Tim Nance 1399 Tamaimi Trail,E. Naples,Florida 34112 Re:CPI-PL201200011364 TOP HAT CPUD Request Dear Board of Commissioners: Enclosed please find a packet of information submitted on behalf of Walden Oaks residents who oppose the Top Hat Automobile request to change the zoning for the King Richard property located at 6780 Airport Pulling Rd N, Naples, FL 34109. It is our understanding this request will come before you at your March 12,2013 meeting. The packet contains: A. Summary statement scheduled to be presented at the upcoming March 12, 2013 Collier County Board meeting by Dr.Ron Cleminson. B. Report on "Environmental Problems Anticipated by Locating Top Hat Dealership next to Lone Oak PUD." C. List of residents signing the open letter opposing the rezoning effort. D. Photo of Walden Oaks community pool area facing south towards King Richard's property. E. Planimetric view of Walden Oaks entrance with the proposed Top Hat Site Plan. F. Top Hat Master Site Plan as of 2/11/2013 G. Additional supporting information We have made a sincere effort to include only data we maintain relevant to the zoning change request, realizing, with your many responsibilities and busy schedules, you have a limited amount of time to review the material. In our judgment,we have made a sincere,thorough effort to present a strong case in support of our position-- including many justifiable and supported statements and questions focusing on the detrimental effects of the proposed zoning change for the four existing and two anticipated residential neighborhoods surrounding the property. As a follow up, we plan to make an appointment to meet with you to discuss any questions you may have after reading the material. Sincerely, ;tide ogrtii_..— zabeth Lynn,Ph.D. + i March 12, 2013 Collier County Commissioners Presentation Good Morning Commissioners: My name is Ron Cleminson. I directed the Center for Environmental and Energy Education at the University of Memphis until I retired in 1999. During my career I also worked extensively with the US Department of Energy, Defense and Exxon Corporation. I am a member of the Master Board for Walden Oaks Homeowners Association. I have lived in the community since 1990 and well aware of the residential areas and businesses along Airport-Pulling Road in our area. I stand before you to oppose the rezoning effort for the King Richard's property and appeal for common sense in this matter based on two unifying criteria - Collier County's Official Interpretation Pertaining to the Application of FLUE Policy 5.1 and the Compatibility of the proposed automobile dealership in our neighborhood. FLUE (Future Land Use Element) Policy 5.1 It states, as you are aware, "commercially- zoned properties, zoning changes, will be allowed provided the new zoning district has the same or lower intensity." It stands to reason that the proposed automobile dealership, by nature, will not be "the same or lower" in intensity. No matter how one looks at the matter, the automobile dealership will introduce far more activity - noise, glare and traffic, as well as water/sewer consumption/generation, solid waste generation. etc... - to our area. It's a matter of common sense no matter what statistical or professional process is employed to have the proposal approved. In actuality, to say there will be less activity is ludicrous. A much more accurate measure would be the intended use of the property. In this case, projected sales of new and used vehicles, number of employees, bulk impact of the complex and neighborhood compatibility. And, my last point, the proposed automobile dealership, in every way is identified as a C-5 Use business, New and Used Car Sales. The item New and Used Car Sales is jointly identified in the list of Principal permitted uses. Both, in this case, are major contributors to the Principal aspect of the business - to the success of the business. Approving the rezoning request through the manipulation of rezoning criteria-calling one of the uses Accessory, or Conditional, or whatever - on a property that can only be legally rezoned C-4 at the most so an applicant can conduct business as usual is not, in my judgment, a way for Collier County to do business. Especially for the citizens in the residential communities in the immediate area. Compatibility Location The Top Hat proposal does not adhere to the original Growth Mgmt Plan for our area. If approved, it will be the only automobile dealership on the EAST side of Airport 0 between Golden Gate Parkway and Immokalee Road. As we all know, the EAST side of Airport-Pulling Road is primarily residential property. The major high-density businesses In our Immediate area are located on the WEST side of Airport-Pulling Road - often at the intersection of major roads and/or adjacent to the County's designated business or industrial parks. They are not next to established residential and proposed neighborhoods! At the present time there are 4 existing residential neighborhoods and 2 that are in their Initial stages of development in our Immediate area. Rezoning a property to enable a large business - especially an automobile dealership of this magnitude - to locate in the middle of these residential communities is not a rational move. It seems to me that Collier County developed the Growth Management Plan to prevent problems like this from happening. There are several available properties located on Airport-Pulling Road that would better serve Top Hat's interests, as well as ours. Bulk Impact/Style Based on Mr. Hancock's statements, they will be open 13 hours/day Monday through Friday, with 10 hours of sales and service on Saturday and Sunday. The property will be lighted from dusk to dawn - comparable to the Nissan dealership at 3640 Pine Ridge Road. Even though they have agreed to shield the lighting on what could be well over 50- twentyfive foot poles, the lights and glare will certainly be noticeable from our common recreational areas and most residents' homes, as well as other residential communities in our immediate area. Another point in support of our position, it was found by the County's Transportation Planning Section that "trip generation" will be "lower in intensity". I am not a traffic engineer, but after reading the "guidelines" in the Florida Department of Traffic ITE (Institute of Traffic Engineering) Trip Generation Manual, it appears to be based on one dated study for the location. Most reports comparable to this are based on 10, 20 or more studies - some I'm told as many as 100. And, where have you seen an automobile dealership of this proposed size that only has one egress, a very narrow bridge that crosses a canal? Most are located in areas where it is possible to have several areas to enter and exit the property. Also, even with the completion of Livingston Road, it's my understanding the traffic on Airport-Pulling Road alone has increased 20% within the past year! The location is simply not appropriate for a business of this magnitude. Goodness of fit Again, the original Growth Mgmt. Plan should not be superseded or, in this case, ignored, simply because a property is allowed to be "Grandfathered in". It's a matter of reason and "Goodness of Fit", a model that is based simply on a set of observations. To my knowledge, Collier County - in our immediate North Naples area, not the City of Naples - has never permitted an automobile dealership to be built adjacent to a residential area comparable to ours. We, as Walden Oaks residents, find ourselves being forced to sacrifice not only our wellbeing and quality of life, but that which is most important to us, the investment we have in our homes. Our Master Board initially voted 6-0 to oppose the rezoning effort. We were encouraged by the Planning Commission to "negotiate a compromise" with Mr. Zeller's representatives. As recent as February 19, a special board meeting, attended by over 75 residents, was called to "advise us of new information". A list of negotiated "concessions" was presented, however, they could only be considered superficial at the most. At the end of the meeting, a majority of those attending wanted to continue to oppose the construction of the proposed dealership. We have been told we are "victims of Collier County zoning errors of the past" and are therefore "Forced" to accept what has been offered. Also, Mr. Zeller is a respected member of our community and, therefore, deserves to be supported in this matter. Well, I disagree! I commend Mr. Zeller for his success as a businessman and I sincerely hope he continues to prosper. I may even purchase a vehicle from him someday! However, I ask him, "Why have you chosen to purchase property in the middle of an area that is primarily residential?', "What would you do if an automobile dealership - bringing additional noise, lighting, traffic and other issues - were constructed adjacent to your home?", "What would happen to your real estate value?" "Your investment?", "Your quality of life?" Mr. Zeller, please make an effort to secure another property on Airport-Pulling Road that is more appropriate for your business - a better "fit". We, the residents of Walden Oaks will, over 300 households, wholeheartedly support your effort Commissioners, I have presented my case, your decision today will directly affect us and, if approved, would lead the way for others to bring comparable businesses, large businesses to our North Naples neighborhood. Thank you. • • it ENVIRONMENTAL PROBLEMS ANTICIPATED BY LOCATING TOP HAT DEALERSHIP NEXT TO LONE OAK PUD COLLIER COUNTY,FL. 226t2013 Prepared for: Prepared by: Board of Commissioners Elizabeth M. Lynn,Ph.D. Collier County,FL 6519 Ilex Rd. Naples,FL 34109 Phone: (239)254-1955 Email:Lizlynn44@hotmail.com tr- EXECUTIVE SUMMARY, This report presents evidence that the Top Hat proposal is not similar in impact to King Richard's outdoor recreational park but is,in fact,far greater. Traffic counts will escalate and neeatively impact residents. Collier County's Transportation Department data shows a 20%increase in volume on this stretch of Airport Road,between 4Q of 2011 and 4Q of 2012. Traffic on Airport Road is already so heavy during "season" that•Walden Oaks residents have considerable difficulty entering and exiting the community. Top Hat expects to add an average two-way driveway volume of 2,167 cars each day. This volume will include diesel-idling transport trucks and multiple delivery trucks that will make drop-oils just 167 feet from the community pool. Noise levels will exceed Collier County standards. Within Collier County's Noise Code, residential amenities, such as the community swimming pool, are "considered a residential use." The maximum sound level for residential zoning is 60 decibels(dBA). The accumulation of noise from air conditioners atop a 65,000 sq.ft.building,plus a 4-bay car wash, and assorted pneumatic tools being used in 37 bays will far exceed the allowable sound level and will disturb the peace and serenity of our entry and of the community's single pool. Average noise levels of a single-bay car wash facility— which will be located approximately 167 feet from the Walden Oaks swimming pool —are 70-80 dBA at a distance of 50 feet. Air quality will diminish. Air pollutants from auto repair shops are well documented by OSHA. Pollutants include particulates,dust, fumes,gases,mist,smoke,vapors,or odors. The National Center for Manufacturing Sciences reports that the public is in as great a risk from fugitive emissions as are shop-floor workers. Top Hat is planning 37 service bays that will generate these pollutants near the Walden Oaks' community outdoor swimming pool. Some residents would be particularly vulnerable to these fugitive emissions: children and residents with respiratory disorders. Ample,documented evidence to support these claims is contained in the accompanying report. In sum,we ask each Commissioner to carefully weigh this information. By grandfathering-in the zoning for Princess Park, there may be no option for you but to diminish the quality of life for residents of Walden Oaks now and far into the future. By allowing Top Hat car dealership to move next to Walden Oaks you will open a Pandora's Box of problems for residents of Walden Oaks. We respectfully ask you to vote"No"on Top Hat's re-zoning application. 1 ENVIRONMENTAL PROBLEMS ANTICIPATED BY LOCATING TOP HAT DEALERSHIP NEXT TO LONE OAK PUD Elizabeth M.Lynn,Ph.D. The purpose of this report is to provide evidence for some of the reasons why the Top Hat dealership is not compatible with Walden Oaks, a community of 320 homes with 1+ cars per home,t located immediately South of King Richard's. If the Collier County Board of Commissioners allows Top Hat dealership to locate next to Walden Oaks, serious environmental problems will result — increased traffic and noise, and diminished air quality -- causing detrimental effects upon the residents. I. TRAFFIC After viewing the very limited Transportation Impact Analysis (TIA)2,3, Collier County Planning Commission accepted that information as non-problematic. Following the Commission's decision to re-zone, residents of Walden Oaks have conducted research and strongly feel there will be problems on Airport Road that will have a strongly negative impact upon our community. 1) Airport Road's capacity in this section will become strained even before the addition of traffic from the Naples View or the G&L development. Top Hat volume will emburden Airport Road further. 2)The measurements used in the body of the Top Hat TIA are misleading; "trip generation" figures matter less in this case than"driveway volume." Trip generation comparisons in the TIA are not valid. 3) Existing difficulties in making left-turns and U-turns (essential for residents) will worsen in this section of Airport Road with the vehicle volume added by Top Hat, CAPACITY FOR AIRPORT-PULLING,NORTH OF PINE RIDGE County statistics show that the volume of traffic is rapidly increasing on Airport Road from Pine Ridge to Orange Blossom. As North Naples has experienced rapid development, residents of Walden Oaks have found it increasingly difficult to enter and exit their PUD safely. Trliffic Votume Akprrt Road to Pine Ill to Ovary*Ilospon Average Day rac / 'Relic 2012 Aac QUArbr Information from Ronald Cleminson,long-time HOA President of Walden Oaks. 2 Submitted by Norman J.Trebilcock,AICP,P.E.for Davidson Engineering.8/01/2012. 3 See"What should be included in a traffic impact analysis?"Community Guide to Development,Univer.of Wisconsin.Istp://wwv,,lic.w iscs.du/snaeinadancifacilitationiall rcsourcestimpacistanalvsis traffic.htm 2 In fact, the 4th quarter of 2012 showed a 20.27% increase over 2011 in traffic volume on this section of Airport. %Increase in Traffic Volume Airport from Pine fOgge to Orange Blossom 20114012 25 20.27 15 1029 81' -64 aei s -3.77 QUESTIONABLE MEASUREMENTS IN TIA "Trip Generation"Comparisons Invalid Top Hat's TIA has used "trip generation" as the standard to compare likely traffic to King Richard's; however in this case, trip generation is not a good measure for comparing Top Hat traffic volume to King Richard's. Trip generation considers the intent, or motivation, of the driver. That is, if I plan to go to a park charging an entrance fee, that is clearly a valid"trip" to include in a trip generation count. McDonald's restaurants count more on "diverted" traffic for its business. Diverted traffic is already part of the traffic network, and is not a "new" trip.4 The statistical methodology is affected by the change in driver motivation. Limited Comparable Data in the TIA Stud Most important, the State of Florida's 8 edition of the ITE Trip Generation Report cautions anyone using its figures for Princess Park (435-Multi-Recreational Facility), saying only one study has been done.5 If not invalid, it is certainly questionable to compare hundreds of studies done on new car dealerships to a single study on a different kind of business. Expected Driveway Volume: 2,167 Cars In this case,a more valid measurement of the traffic impact is"driveway volume,"a figure buried deep in Appendix C of the TIA,"which measures 2-way traffic in and out of the dealership, Top Hat is expecting a daily driveway volume of 2,167 cars. Top Nat Expected Driveway Volume 2000 1111 1500 a 1700 11111 II al 11111 Mon-Fit Sat. Sun 4 Definitions obtained through two conversations with Anthony Khawaja,Engineer,Traffic Operations,Collier County,FL 5"Trip Generation Rates from the 8th Ed,ITE Trip Generation Report" httod/wwv,dotstate,f1 usfolanningisystentsistniaccrnao/Undated%20Trie420Gertxlt 3 • Since Airport is one-way in this section, these figures must be halved for mathematical purposes to show the total impact on Airport Road;but, even halved,they still indicate a significant burden on Airport and on the sole entrance/exit to Walden Oaks. Average Annual Daily Traffic 2012 with Top Hat Increase of 1034 cars/day 35112 c 196 UAOT2O12 •Top Hat Drive-way Volume 10000 20400 30300 40000 Can per Day OTHER TRAFFIC PROBLEMS EXPECTED Lack of Dual Access For practical business reasons, car dealerships like Top Hat usually locate in areas where they have dual access to arterial and collector roadways. The Princess Park PUD is not such a location. The sole entry/exit point is onto a major arterial divided road, Airport-Pulling. There is no connecting collector road to ease traffic volumes. Existing Entrance/Exit Problems, There are no stop lights between Naples Blvd. and Orange Blossom to control traffic. All traffic exiting the dealership must make a right-turn and go North. All cars exiting King Richard's must turn right (North) and pass the entrance to Walden Oaks. Cars exiting Walden Oaks must wait for all such Northbound traffic to clear before making their required right turn. Residents have current difficulties exiting onto Airport as they wait for the un-stopped flow of traffic to pass from Barron Collier,Naples Blvd.,and Willow Park. Existing Left-Turn Problems Increased dealership traffic will also add to the left-turn problems that currently exist at the sole entrances to Walden Oaks and to The Carlisle Northbound Problem in Making Left Turn Northbound Walden Oaks residents wishing to go left(South), must dodge across three lanes of heavy traffic to reach one of the two U-turn options: 1) a left-turn cut-off in the Northbound lanes in front of The Carlisle entry; and 2) Orange Blossom Road. Cars exiting Top Hat would have the same problem. Southbound Problem in Making Left Turn This left-turn problem is only slightly reduced for Walden Oaks' residents travelling South. Walden Oaks residents who travel south on Airport-Pulling have to be exceedingly patient for the large amount of traffic to pass before they can turn left across the 3 lanes to get to their homes. in February, 2013, two annoyed residents took counts of traffic passing before a left turn could be made. One person waited while 97 cars passed; another person counted 54 before she could turn left into the Walden Oaks community. 4 Transport Trucks Idling Transport trucks pose several problems. Top Hat is planning on at least one— hopefully more such trucks daily. Depending upon the air-conditioning system in the truck's cab,6 diesel trucks may idle until all cars are loaded/unloaded, regardless of any "turn-off-ignition"policy Top Hat may establish. Truckers are less concerned about the cost of gas and contaminating fumes than they are about climate control for what are, essentially,their homes. Walden Oaks residents are extremely concerned about the presence of these fumes near their swimming pool. Secondly,transport trucks will not be able to turn left when making deliveries. To exit,they will need to make a right turn, and then will block all 3 lanes of Airport till they can straighten out. They will then drive North to Immokalee (another right-turn), passing the Tiburon Resort/Golf Course and Pelican Bay Elementary School. Delivery Trucks Trucks delivering car parts and other packages will use a service road that will only be a few feet from the entry road to Walden Oaks and within 200 feet of the community swimming pool. Their motors,noise,and fumes are of concern to pool-using residents. Impact of Season Seasonal traffic has a major impact upon this area of Airport-Pulling and compounds the difficulty in entering and exiting Walden Oaks. Adding 2,167 cars per day to this already busy section is not a good idea. Traffic Summary The residents of Walden Oaks feel that locating Top Hat next to our residential community is a poor idea due to 1) the impact of Top Hat driveway volume added to the increasingly high volume of Airport, 2) the increased difficulty of making left-turns across Airport, and 3) the volume and exhaust fumes from transport and delivery trucks. II. NOISE Importance of the Pool to Residents Walden Oaks is a noise-sensitive residential community, including single-family, attached villas, and multi-family homes. On average, there are two residents per home, and the majority are year-round residents. These homeowners share a common single pool, two tennis courts,and a clubhouse at the most westerly part of the development. Other than those amenities,homeowners have no yard-space for private pools. There are only miniscule yards dividing properties. Consequently, the community pool enjoys heavy use for social activity, water aerobics, and teaching children to swim. The pool is located just 167 feet from the boundary where Top Hat plans to put its 5-bay car wash.' 6 A diesel truck driver explained to Yahoo that climate control is the primary reason trucks are allowed to idle:"...a truck driver's truck is his or her HOME while on the road.He or she sleeps in there,relaxes,watches TV, surfs the Internet...some of us even cook&cat in our trucks.Many of us also have pets,and wouldn't dream of endangering THEIR life by leaving them in a too-hot, or too-cold truck. You wouldn't want to try to sleep in a vehicle, in the Arizona desert,in July,110 degree heat,with no air conditioning,would you?" 'As measured by direct line on the Collier County aerial photograph of the properties from the boundary line to the pool. 5 Collier County Noise Guidelines Collier County's Noise Code has been established to ensure"the enjoyment of life and property in the County." Within the Noise Code,residential amenities,such as the Walden Oaks pool, are "considered a residential use"8 The maximum sound level limits for Residential zoning from 7:00 a.m. to 10:00 p.m. are 60 decibels (dBA).9 However, because the Code allows "exception for existing operations," if Top Hat builds next to this property and, subsequently, violates the noise code,it will be too late to correct the problem.10 Noise Problems with Top Hat Part of Top Hat's plan ' is to build a 4-bay car wash and 37-bay service facility. The total stationary development will generate noise from ventilation/air conditioning, loading and unloading activities, parking lot activity, jet-stream washing and blow-drying 75 vehicles per day12, and compressed-air driven tools such as air guns, impact wrenches, air drills, hammers, grinders, and ratchets. Most of this noise will occur on the North side of the Top Hat plan, 167 feet from the Walden Oaks outdoor swimming pool throughout the time the pool is in use. Tool Noise According to county-reports throughout the country, Top Hat's service bays and carwash bays will be noisy. In a major study of auto collision repair shops, "the majority of tools generated noise levels above 85 dBA. Air guns,wrenches. . . and air drills generated noise levels with the 5th percentile above 90 dBA. Mean noise levels generated by hammers, grinders, and ratchets were also above 95 dBA"13 In Sacramento County,"noise measurement date collected at various locations indicate that a typical impact wrench produces a maximum noise level of 73.3 dBA at a distance of 50 feet.s14 In a 37-bay servicing shop, it is reasonable to assume that 3 or 4 such tools would operate simultaneously,creating tremendous noise and disturbing the peaceful tranquility of our pool. Air Conditioning Noise Air conditioning sound data varies considerably but, unquestionably, all A/C systems generate noise. In Costa Mesa, a CarMax Superstore project of 40,363 square feet put ten(10)condenser units on the roof of the new building, ranging in cooling capacity from 3 tons up to 17-1/2 tons. The resulting noise level ranged from 51-53 dBA.'S A greater capacity will be needed to cool Top Max's 65,000 sq.ft.,producing a higher level of constant noise. Car Wash Noise Car washes present special noise problems for residents.16 Top Hat plans to operate a 4-bay car wash. Most research has been conducted on only single-bay, rather than multiple-bay washes. a Collier County,Florida,Code of Ordinances,Sec.54-92(g)(2). 9 Collier County,Florida,Code of Ordinances,Sec.54-92,Table 1. 10 Collier County,Florida,Code of Ordinances,Sec.54-87,Exemptions,M. 11 Top Hat revised proposal,Feb.11,2013. 12 Tim Hancock statement to the Collier County Planning Commission Meeting,Jan. 17,2013. 13 Bejan,Brosseau,&Parker,"Exposure Assessment in Auto Collision Repair Shops,"Journal of Occupational and Environmental Hygiene,Vol.8,Issue 7,2011. t4Sac ramento County,General Plan,Noise Element, httoJ/www.msa2.saccountY.net/nlannMatDocumentslGeneral°A20P1an%2020301Noise%20E ement9620Backaround.ndf '5 Draft Noise Assessment for CarMax EIR,City of Costa Mesa,California,Report#2007-148,May 17,2007, kto://www.ci.costa-mesa.caa,s/dots/elannina/carmwdAnnendix%200420-%20Noise%20lmoact%20Analvsis.pd>; ' "Car wash owner is a noisy blowhard,claim angry neighbors," httv://www.brooklvndaily.com/stories/2012/30/bn zbestcarwash 2012 07J7 bk.htpil 6 However, multiplying the research results by 4 should provide a good sense of the volume four car washes would produce. In Escondido, county planners received manufacturer's data on Aerodry Systems 15 hp. "reduced-sound" motors. The sound level for a 4-motor blower for a single-bay car wash was 86.4 dBA at 20 feet." In Beaverton, Colorado, the noise impact assessment was conducted for a CarMax carwash. The sound engineer reported that the car wash noise level was 84.5, but that it would decrease to 69.6 dBA at 50 feet,to 63.6 dBA at 100 feet, and 57.6 dBA at 200 feet.18 In Sacramento County, an acoustical study of car washes reported that "Noise measurements of various car wash facilities indicate [that] typical average noise levels of 70-80 dBA at a distance of 50 feet from the wash tunnels are common."19 Cumulative Noise Walden Oaks residents have not had the funds or time to hire an acoustical engineer,but strongly believe these noise sources from air conditoners,pneumatic tools, and multiple car washes are not separable sounds. They are cumulative, would be constant, and would have a significant detrimental impact upon users of the Walden Oaks swimming pool. III. AIR QUALITY Regular pool-users from the Walden Oaks community include residents who suffer from asthma and other COPD diseases such as emphysema. Two major studies show that the "Accessory Uses"—29 service bays -- planned by Top Hat will generate definite environmental hazards for these residents who already suffer from respiratory difficulties.The accessory uses(approved by the Planning Commission) may be even more dangerous for small children who are frequent users of the pool. As these studies report, air pollutants include particulates, dust, fumes, gases, mist, smoke, vapors, or odors.20 Known occupational risks for the SIC codes that Top Hat plans to use include: adverse nervous system effects,bronchitis,asthma, and carcinogenicity 21 The findings from both studies are sobering. Top Hat's representative,Tim Hancock,has told Walden Oaks residents that Top Hat would keep all 37 bay doors closed. There is a major problem with his solution for Top Hat workers—they would then become the victims of the chemicals they use! And OSHA would be opening the doors before long. '7 Noise Impact Analysis: Talk of the Town,Escondido,Jan.,26,2012, httpJ/www.escondido.ore/Data/Sites/1/media/PDFs/Plamlina ffalk/NoiseImvactAnalysis.pdf 1'Staff Report,Planning Commission,Beaverton,CO, Oct.28,2009,Condtional Use Analysis and Findings,CU-22, httpJ/beaverton.granicus.com/MetaViewer.php?view_id=3dtclip_id=436dcmeta id--21972 19 Noise Element: Sacramento County, http J/www.msa2.se couunty.neVo lannina mommtnts/General%20Plan%202010/Noise%20Element%20Backeround.ndf 20"Environmental Compliance Guide for Auto Repair Shops,"Office of Compliance Assistance and Pollution Prevention,State of Ohio,Columbus,Ohio,March 2007(update). bttn://www.eoa.ohio.aov/DOrtals/41/sb%o ublications/AutoRewcirGuide.od( (Konstyantyn.Ussar, "Should Auto Body Repair and Paint Shops in the State of Rhode Island Be Regulated Under Industrial Pretreatment Program?"2004 Thesis,Center for Environmental Studies,Brown University, envstudies.brown.edu/theses/kussarthesis.ndf. 7 I The NCMS Study: Known Emissions from Auto Repair Shops The following NCMSn table shows the total emissions (in tons per year) from the automobile repair subsector for volatile organic compounds(VOC),nitrogen oxides(NOx)and hazardous air pollutants(HAPs)zs Top Hat dealership is planning to implement most of these SIC codes. SIC Subsector VOC NOx HAP 7532 Top,Body,and Upholstery Repair Shops and Paint Shops 2,510 29 102,909 7533 Automotive Exhaust System Repair Shops 0 12 7534 Tire Retreading and Repair Shops 162 6 65 7536 Automotive Glass Replacement Shops 7 0 4 7537 Automotive Transmission Repair Shops 7538 General Automotive Repair Shops 363 7539 Automotive Repair Shops,Not Elsewhere Classified 4 7542 Carwashes 7 1 1 7549 Automotive Services,Except Repair and Carwashes 22 0 2 Total,all automobile repair subsectors 2,708 36 103,360 5541 Gasoline Service Stations 10,523 96 21,973 Total,all automobile operation subsectors 13,231 132 125,333 This NCMS report goes on to say: "To some extent in repair facilities. . . the public is in as intimate contact with fugitive emissions from automotive service operations as workers on the shop floor are to emissions from industrial processes." Ussar Thesis: Hazardous Wastes from Auto Repair Shops In 2004, a graduate engineering student in Brown University's Center for Environmental Studies studied three categories of the auto business in Rhode Island for potential hazards to human health and the environment:25 -automotive body shops and paint shops -general automotive repair shops -motor vehicle dealers(new and used) His findings should give pause to Planning Boards nationally and are of great concern to the residents of Walden Oaks. His investigation found that the types of waste generated by auto repair shops included: -oil and grease, -refrigerants: hydrofluorocarbons -coolants: ethylene glycol -battery acid u The National Center for Manufacturing Sciences(NCMS)is a non-profit collaborative manufacturing consortium of 175 North American corporations. 23NCMS;Environmental Roadmapping Initiative;Impacts,Risks,and Regulations;Automotive Services: Risks. http://ecm.ncros.orp,/ERUnew/IRRautoserv.htm 24 Top Hat Proposal,February 11,2013 revision,Appendix A,Permitted Uses. 25 Ussar thesis,op.cit 8 -heavy metals: auto body paints and thinners -cleaning solvents' -used oil filters -paint-contaminated wastes -end-of-life batteries and tires -shop rags -absorbents -mercury switches -catalytic converters -asbestos brakes -solvents,paints,adhesives Risks to Humans The risks to humans from these products were divided into two tables: risks from organic compounds,and risks from inorganic compounds. The tables(Appendix 1)provide a frightening insight into the need for political bodies,such as the Collier County Board of Commissioners,to carefully control the exposure humans have to these compounds. Impact on Walden Oaks Air Oualitv The organic and inorganic compounds that will be used at Top Hat will surely affect its workers, which is a willing risk they bear at employment. Walden Oaks' residents are not willing to share these risks. Our children and our residents should be able to enjoy their community pool without breathing in contaminants. IV. SUMMARY In sum,we ask each Commissioner to carefully weigh this information. By grandfathering-in the zoning for Princess Park, there may be no option for you but to diminish the quality of life for residents of Walden Oaks now and far into the future. By allowing Top Hat car dealership to move next to Walden Oaks is to open a box of Pandora's problems for residents of Walden Oaks. We respectfully ask for your vote. Please vote"No"on Top Hat's re-zoning application. 9 APPENDIX OCCUPATIONAL AND ENVIRONMENTAL RISKS FROM ORGANIC AND INORGANIC COMPOUNDS Table 2. Summary of Risks Occupational Risk[15] Environmental Risk[15] by the Contaminant Contaminant Inorganic compounds Aluminum Respiratory problems Can be taken up into some including coughing and plants from soil; not known asthma to bioconcentrate up the food chain Arsenic Abnormal heart rhythm, Cannot be destroyed in the damage to blood vessels; environment; dissolves in death water; fish and shellfish can accumulate arsenic Cadmium Damages the lungs and can Binds strongly to soil cause death particles;doesn't break down in the environment; bioaccumulates; fish, plants, and animals take up cadmium Chromium Can cause stomach upsets, Binds strongly to soil convulsions,kidney and liver particles;dissolves in water damage,and death Nickel Causes allergic reaction; Binds strongly to soil chronic bronchitis and particles; doesn't reduced lung function bioaccumulate Lead Affects almost every organ Does not break down;travels and system long distance in air; sticks to soil particles Strontium Can damage bone marrow Dissolves in water; gets into and cause anemia and groundwater prevent the blood from clotting properly Vanadium Lung irritation, coughing, Stays in the air, water, and wheezing, chest pain, runny soil for a long time; sticks to nose,and a sore throat soil sediments; doesn't bioaccumulate 26 26 Ussar thesis,op.cit. 10 F _ Zinc Can cause stomach cramps, Attaches to soil, sediments, nausea,vomiting,anemia and dust particles; bounds to soil particles and does not dissolve in water; builds up in fish Organic Compounds Tetrachloroethylene, or Dizziness, headache, Biodegradable; does not perchloroethylene sleepiness, difficulty in bioaccumulate speaking and walking, unconsciousness,and death Carbon tetrachloride Causes liver, kidney, and Forms chemicals that can central nervous system destroy ozone in the upper damage; probable human atmosphere; very stable in carcinogen air(lifetime 30-100 years) Methylene Chloride Causes dizziness,nausea and Biodegradable;not known to a tingling or numbness of bioaccumulate; does not finger and toes easily dissolve in water 1,1,1-trichoroethane Dizziness, unconsciousness, Destroy the ozone layer, low blood pressure, and loss travels with water, may last of heartbeat for about six years in the air 1,1,2-trichloro-1,2,2- Affects nervous system; not Stays in water for a long trifluoroethane,or R-112 carcinogenic to humans time; breaks down slowly in air Xylene Affects the brain; causes Biodegradable; small headaches, lack of muscle amount builds up in fish and coordination, dizziness; not plants carcinogenic to humans Acetone Causes lung, and eye Biodegradable irritation, headaches, confusion, effects on blood, nausea,unconsciousness Methyl isobutyl ketone Causes gastrointestinal Biodegradable; expected to (MIBK) disturbances and central be confined to the local area nervous system impairment in which it is emitted; gets into groundwater Ethylbenzene Dizziness, throat and eye Biodegradable irritation, tightening of the chest;not carcinogenic Cresols and cresylic acid Causes irritation and burning Quickly breaks down; does of skin; heart damage; liver not bioaccumulate and kidney damage; coma; and death. Toluene Affects kidney; causes Does not usually stay in the dizziness, unconsciousness, environment long; does not death bioaccumulate Benzene Causes rapid heart rate, Biodegradable; does not headaches, confusion, bioaccumulate; gets into 11 unconsciousness,death groundwater Isobutanol Is a questionable carcinogen Biodegradable; does not bioaccumulate Methyl ethyl ketone(MEK) Reduction in nerve Highly mobile in the natural conduction velocity, environment; rapidly memory and motor metabolized by microbes alterations, dermatoses and vomiting. Isocyanates Sensitization and asthma, Not known pneumonitis,cancer 12 j, — LETTER TO ALL COLLIER COUNTY COMMIISSIONERS -OPPOSING THE TOP HAT AUTO CPUD change the as Walden Oaks residents and interested cities, OPPOSE the ordinance to to the T classification of the Princess Park( PUD district bordering our CPUD to allow building deelembip with associated repair would ov ershadow property. two,possibly three 35 to 47 ft. asks and service buildings service bays, as well as the ��pool. Noise i�the 4 bay car wash and 37 numerous 25 ft. lights on the ly notioeabk our community. Pr'oPe'ty► will be jar wash blowers unity In won.the constant noise f om the A/C units, fans,as well as the pollutants and the traffic issues as we enter and exit on Airport-Pulling Road will increase open 7 days a week;throughout dramatically. The proposed dealership will be estate values in our comity, pool use hours,and in reality,will directly affect the real As stated on The Board of County Commissioner's the commissioners wel hr�e and quality"...are responsible County." 1° health, satiety, We need for you to ,s,� �� .your community. Mass OPPOSE ill.Top�Auto�s in ~vie" ear u / ^ Address . fall0 9, Ak - --"ailituThaiii•-- --• -7-C2S--7___ZafiZE224k_eW.0 � = s. 2- to 0 -A '- VI I —3 Z _ _..., AA ----utoci k-Cf‘k Om r.. g 1*j is t;i _ - b 10 409 Lowe O•►1L iSl '---3. . rig/ --nog coyer ch,K 1P,1 l . a j ,, /%� / T, o .. ` ' AI"- %% 7/11-.1.P- p .,-I . _ ilk.> s it Sod �e� • AN OPEN LETTER TO ALL COLLIER COUNTY COMMISSIONERS OPPOSING THE TOP HAT AUTO CPUD change We as Walden Oaks rem and interested citizens, OPPOSE the ontiaaooe to the zoning classification of the Princess Park(King Richard)PUD zoning district to the Top Hat Auto CPUD to allow bordering property. The two,possibly three 35 to 47 with ''�`r would overshadow as well beautiful ft'pool Noise from the 4 bay car wash and 37 noticeable throughout me community.In addition,the noise from thy be jet wash blowers and ,as well as the pollutants and the traffic twits, exit on Airport. Road issues as we e�and open 7 days a ��' � ��.The proposed dealar�p will be estate values in our community. Y.will directly a$ the real As stated on The Board of County Commissioner's commissional "...are amble for published the gbh, sa the welfare and quality of life of the citizens ° protect the health, We mead for you to moot your =ability to commnnfy. Please OPPOSE do Top Rat Auto D oar Signature Address ,i & 4a 61 7,9ST L ,t, Via . C1 AN OPEN LETTER TO ALL COLLIER COUNTY COMMISSIONERS OPPOSING THE TOP HAT AUTO CPUD We, as Walden Oaks residents and interested citizens, OPPOSE the ordidmce to Ghana the zoning classification of the Princess Park(King Richard)PUD zoning district to the Top Hat Auto CPUD to allow building a car dealership with associated repair bordering our property. The two,possibly three 35 to 47 IL sales and service buildings would overshadow our beaudfbl community pool Noise from the 4 bay car wash and 37 service bays, as well as the numerous 25 R. lights on the property, will certainly be noticeable throughout our community. in addition,the constant noise from the AFC units, jet wash blowers and buns,as well as the pollutants and the traffic issues as we enter and exit on Airport-Pulling Road will increase dramatically.The proposed dealership will be open 7 days a week;throughout pool use hours,and in reality,will directly affect the real estate values in our community. As stated on The Board of County Commissioner's published webpage, the commissioners "...are responsible for providing services to protect the health, safety, wain and quality of life of the citizens of Collier County." We need for you to meet your fiduciary responsibility in serving our cmuaMy. P1..s.Orross the Top net Auto CPUD Wort. Signature Addre=ss aL2z1r- i..... C //PP.'. -r. _ .. 2 10 it A d ' ' _1 0 40 1 # i • b s . , _ it-e 6 ogr C,7),P p,44— 3L rgNil , ox , 90 . JL liZ ; ;2) . 72kA/, 11,1-tdictAi, 1-is-A4) kir - LAAtf i(o> ),/, f;f E 3 7/03 4 CIF" cit D '�JU4( . A1w .7103 .C'o ,t Act) 4 IL A i da 4. (4gV74...:-.1 ' is AN OPEN LETTER TO ALL COLLIER COUNTY COMMISSIONERS OPPOSING THE TOP HAT AUTO CPUD We,as Walden Oaks residents and interested eidhos, OPPOSE the ordinance to cue the zoning classification of the Princess Park(King Richard)PUD zoning district to the Top Hat Auto CPUD to allow building a car dealership with associated repair bordering our property. The two,poeunbly three 35 to 47 ft, sales and service buildings would overshadow our beau tlf1 l community pool. Noise from the 4 bay car wash and 37 service bays, as well as the numerous 25 ft lights on the property, will certainly be noticeable throughout our community.In addition,the constant noise from the A/C tams, jet wash blowers and thus,as well as the pollutants and the traffic issues as we enter and exit on Airport-Pulling Road will increase dramatically. The proposed dealership will be open 7 days a week;throughout pool use hours,and in reality,will directly affect the real estate values in our community. As stated on The Board of County Commissioner's published webpage, the commissioners "...are responsible for providing services to protect the health, safety, ware and quality of life of the citizens of Collier County." We need for you to meet year fiduciary responsthility in serving our ce•ulday. man.°FPOee tae Top Hat Auto CPUD etgbrt Signature Address r rf l -L. r Z' �c • e .r.> .2 C-c-t. giaci t • l• Aifie" to I ' 'Zia 1.1L A 1....L. ... - • i") 6......c2.6_,.."9„.Laa . dmisr. .I.. . ..11,,, ,,___. .L..... e e Po Ztey aft c .! ek: r` G 6 Pa Ate �� A. 0 'OG leAl0e4 A _ . :4:1 ' ' 70 1 , . r /' i 411r�• 0'.6 rISZ'A 6 Z j(3) C*5!) { AN OPEN LETTER TO ALL COLLIER COUNTY COMMISSIONERS OPPOSING THE TOP HAT AUTO CPUD We,as Walden Oaks residents and interested citizens,OPPOSE the ordinance to change the zoning classification of the Princess Pads(Xing Richard)PUD cooing district to the Top Hat Auto CPUD to allow building a car dealership with associated repair bordering our property. The two,possibly three 35 to 47 ft. sales and service buildings would overshadow our beautiful community pool Noise from the 4 bay car wash and 37 service bays, as well as the numerous 25 ft. lights on the property, will certainly be noticeable throughout our community.In addition,the wristlet noise from the A/C units, jet wash blowers and fans,as well as the pollutants and the traffic issues as we enter and exit on Ahport Pulling Road will increase dramatically.The proposed dealership will be open 7 days a week;throughout pool use hours,and in reality,will directly affect the real estate values in our community. As stated on The Board of County Commissioner's published webpagc, the commissioners "...are responsible for providing services to protect the health, safety, welfae and quality of life of the citizens of Collier County." We need for you to meet your fiduciary ' in serving our community. Time OPPOSE the Top Hat Auto CPUDreor Signature Address �l. ‘,5efe? J! &Az-et, Agyz . G96 oF .c. 406.70 j:% 4cA AGIOAPF 4I€, ‘‘'‘ •' 7e''71 (9era-CP i, —ThokkC&000f\ 6881 1< &of.. Yo ley ezA;(e dpi f • g V T/` iu.2'ti' 4t; 413 +s % a , ' mk. • - Cr.I •± i 3�"10� (2) AN OPEN LETTER TO ALL COLLIER COUNTY COMMISSIONERS OPPOSNO THE TOP HAT AUTO CPU! change We, as Walden Oaks residents and interested citizens, OPPOSE the ordinance to the zoning classification of the Princess Park(I Richard)PUD zoning district to the Top Hat Auto CPUD to allow building a car dealership with associated repair would a'u our property. The two,possibly three 35 to 47 and service buildings service bays, as well as community pool. Noise horn the 4 bay car wash and 37 noticeable throughout our 25 R lid on the t noise ty, will jet wash blowers and fans,as well community. addition.the constant noise>i�the A/C Abe pollutants and the traffic issues as we enter and exit on Airport Pulling Road will inc ease dra open 7 days a matically. The proposed dealership will be estate values in our comet pool use hours,and in reality,will directly affect the real commissioners As stated on The Board of County Commissioner's published webpage, the swan and "...are ramble for providing services to protect the health, safety, quality of life of the citizens of Collier County." We need for you to sweet your in sew our community. Nom Orb ape Top lint Auto Sim Address '� ; �i 7 i O G,„as pc K im. 4 toSFrZ Z-1-elc. Cc,r.& - - �� Ci7n L.alz�o �ta.P, 5. • 441., ' r V ;, „I" 6670 7"- c ceo. a7 4,-y,,___.: '? es. Ati._ '7-4 W44-.. ', 541FP . 6.5‘a , 0 ' 7 .7,;, I / 9; AN OPEN LEITER TO ALL COLLIER COUNTY COMMISSIONERS OPPOSING THE TOP HAT AUTO CPUD change the zoning classification We, as Walden Oaks residents end interested chimes, OPPOSE the ordinance to of the Princess Pads(King Richard)PUD zoning district to bordering the Top Hat Auto CPUD to allow buil our property. The two,possibly three 35 to 47 ft. sales and service buildings would vaawell as pool. Noise from the 4 bay car wash and 37 service jet our community.In addict property, the certainly blowers and fans,as well as the pollutants and the traffic faunas as we enter and exit on Airport Palling Road well increase dnunatically. The proposed will be open 7 days a throughout pool use hours,and in reality,well dhectly affect the real estate values in our community. commitadoners As stated The Commissioner's published webpage, the "...are providing services to protect the health, safety, waders and quality of life of the citizens of Collier County." We need for you to greet year Maury rapeny in sewh our cumm°der. Page OPPOSE the Top lint Aces CPUD snort. Signore Address ,Y414444.& ‘94 0_,74.fac ttcit 6.14+1: r r b Looafe. +ld �-- 4 (3G { �•�•� 655 k\sa,m Q_,Ne,s„c, 5 Itr 4.Ci c' r*evi W Walden Oaks Petition The following list of residents and interested citizens OPPOSE the proposed Top Hat PUDA Petition - an amendment that would allow for the rezoning of the !Cling Richard property to permit an automotive dealership with associated facilities including new and used car sales, repair and paint facilities, as well as additional lighting and use of signs associated with business. Signature Address -a -1...4r, 'IV: A / 7'9'7 'ow o4_ gi-34: r 91#`"k"tz� (0 ?07 ° axi l 2 i ). 6'rY ZiPlie Dge6 >)1z./< r4 J A-14 r'. r- a ex�` 4=4..,4 a, c -ilia j Sri;�'� C, Lc ° ' ,_ —144-1, , 1 fZ 3 41ina_ , ../_ / / ; mil/ /.'i4 . . . ,, - lam �, _- . ,,. 0 "..d: • / , i 0 . £ i I iet ' / • AVil ' is kg(' ®4. A8/uc) i .6-0 :___ 't' . 7 i` 1 ,- /*ei • / P� 9e i (eSideekutoto Gsfa c .7 U 9/ , ' ,. ..4- '7 o g7 u,✓i 0414 - -----/,?6i,e 44;..e.(ka M i I-1-n,/ C'a ',2 re -7O 6 7 2o,40 iv F 6et 7 led' u4/ J do Penn 707J Lovi. oak et � N 44 RaLi 9 _ 7 0.7 ( L ce t.) {31 vl it\.'t -∎ Ir-a v ce4.- 10 g5 r-r _. ja42,alt.. Cole, .. ) _ 7Ggt- blip, O Bird , • :,- - ' (i‘ -' . Walden Oaks Petition The following list of residents and interested citizens OPPOSE the proposed Top Hat PUDA Petition - an amendment that would allow for the rezoning of the King Richard property to permit an automotive dealership with associated.facilities including new and used car sales, repair and paint facilities, as well as additional lighting and use of signs associated with business. Signature Address • _ _ X r 3:( _ % -- i -- ' 57 &Z7ey C.,' r 0_•i .�� 6-57, _rho, c . dJ . ias / 0 . / I G Wi. t—I o PE_:-- LC-0£s :=( a- /2 /tz ' '/, ' , , ozzzes w ............ " .so '1. h e e I IIIPP ..►�, 41i L • b I C1 cr-G` t+7 • •1/4,c 4A / . 0/ !'__ gad.,,,-- . , - corn S— cox ei/LGL_a idivis 1 i - 1 /v6 .line Dad81ved A4Iac 0 / 1t0 1' - Oc,16- Vv1),a Ake-so Vii• /J AL 6611 _Lip' o �-1 / ,-./ T t l/O tt' ai✓( ATI Tit c-k�. ( bLOCaluizv) le.26- I tcx that Y itp.1 ziffl ,,zill Alii _..yl iat,is ►► i ...I.,. 6 ( T.bc carclC t\ic - l L S A:4�f� 1L . , - 4 re-4 1411 I (,�tl il. .`• - ;►' /' . 1 4 -pi i•_ '/ '7 /, ^ . /" / /• J. . . .mss r R - �/ y _ I 1 r r , . li !� Walden Oaks Petition f ! The following list of residents and Interested citizens OPPOSE the proposed Top Hat PUDA Petition - an amendment that would allow for the rezoning of the King Richard property to permit an automotive dealership with associated facilities including new and used car sales, repair and paint facilities, as well as additional lighting and use of signs associated with business. Jrn , p. Signature Address m. l)/as 7C7y. A'c.W 4244 ? Lee e - 112. I.t 01 1".17 (.P 6 S 1 I xt;rrii vc I:4ftf NM; C rMoti, % J r,9ca 3/64 aact.& ‘ f 66 301. /Fr ��f'`�'-f 151WTL CJ ct 747.,), 69_6q 4trhA-,00/13-<<J).4fte- A as , (,4r c.•«w 0.31 c. �vu H4 Y) • -x103 400t) 4/c, 1 u4w))0 f v),AV41r.Tr 0/031 4*c Do) 71111 k HQ rt`10 1103 J,On&_ k/ . Accialict •l�la Y� 1t03 tone. QX VA •(?______ai ; . • Walden Oaks Petition The following list of residents and interested citizens OPPOSE the proposed Top Hat PUDA Petition - an amendment that would allow for the rezoning of the King Richard property to permit an automotive dealership with associated facilities including new and used.car sales;repair and paint facilities, as well as additional lighting and ' use of signs associated with business. .: Signature Address ' e` �-�' — 709 ..� a if.- ' 1,0/. ,4 ,•1 ,4,L . 12',1-.Z.f. 70 fa ..e...,_ deL 0.1 `III aduCv 7o e s" 4'ex-t- f-iyL .414—A--' •► v�LA_ 41.41 7 0 ?S/ , f Bed'. a-(!Car DI 0 7o7jl . litA..[ .4-L c.A, e"..., . K 7a.A 1, Ax.6.3 °AA/ <me- (34_, 742- L 04.e 94'4 K et,. ..e.e C?‘0 4.-..,4_,CALI, --I z Ji I, /, &S-i-.- 66-n. of.�.c. 444 (r'�?'� ' "4.19-1...,. 7. 'f R Lam 4444.. �.�[ 7o 4 2 car,,, )cx 'mac I** 70 0 2 a:;a-.. 4 * I. r f_ , _ ill 1 /-411Mall.)/ i le . . a . mil- (;r7 r. d_V-I? it X G!I'r_ t i= 171:1g / 99 u! -.. 1 7.0% t _inrve__ Oar Vitt ";: 17791."--"----"'• Walden Oaks Petition The following list of residents and interested citizens OPPOSE the proposed Top Hat PUDA Petition - an amendment that would allow for the rezoning of the King Richard property to permit an automotive dealership with associated facilities including new and used car sales, repair and.pednt facilities, as well as additional lighting and use of signs associated with business. Signature Address AA lk- 710C Cole OAK RtJJ. pj et- kSk,9 \,014-14&-14&tie.,.. 6601..z. 4,4-4,(414,21,. Ae.41IW■---.A411 -A411 -- ■I 0...4-'e er .-.0. 41,4-1- C.-7i' . ,1.28 .--. t CLA--mwta.., (o.-A a -,c. C-t_ L a , , ne ,. ' ({,--- iv : r. Fos)b , axe A A1, le . rl / /� L .. _�t_�:� o (S * 4-4- rk . -gam - e ........._ _ , 4.5--.....0 Alt #_ ,.ter► ` c,`'j, . ; ... clad e ii Iv 4.(: -10frx st.4.• *'..--711;A.1 t ‘ tit 4' e lc -244 F �.it te:I. c.,'.:. Y.4- i� .2 cQht ( 2-4:4 • CORm1A1 dd 1Acc o.Jb 44) /1.A,,C Cir -F I -4 /(4_ Wif ,,,, : „ , _ q' 11 . SF .,_& � i 0.-ckAA:a.n r&J G 4 5 5(o I i'e,X Cfra.Q. 34101 Ly Walden Oaks Petition The following list of residents and Interested citizens OPPOSE the proposed Top Hat PUDA Petition - an amendment that would allow for the rezoning of the Kirin Richard property to permit an automotive dealership with associated facilities including new and used car sales, repair and paint facilities, as well as additional lighting and use of signs associated with business. Signature Address G + aS el- iItxG.-c-ems 11 ales F� 4:, . e.,..Z., t: E a ; ,.,oi. �,.r�-�! � 4 . 1,)r . --,4., .i, SNIMFaillaill4inreraSIPMFA d 4! �t 6----/: . - . . • y • Walden Oaks Petition Thefodowing.Est of residents and Interested cidzens 41.02ff the proposed Top Hat PtA - an amendment that would all for the rezonlrigd the King pmperty:.. . penit an automotive dealership with emaciated facades including new and used sales, repair and paint facades, as well aia additional and use of signs wth with business. Our the lila, we have made a serious effort to maintain the integrity. of our neighborhood. In our Judgement, the additional noise, lighting and traffic associated with a business this largo will redly effect the value of our homes, as well as the aesthetics and quality of hie to our community. The hearing which is t+sr*atlwlyr scheduled for the following dates: Collier County Planning commission: Jemmy 17, 3013 Board of Collier County Commissioners: March 1Z, 2013 Please plan to attend the he wirngs. .. # Address CC s-51t 7:4-74.4%#.4. :(410,40z -art" 131 45P -O wy ) Lai 17- • 66.2g - A .ate,,. &A/. Z • 016!!■Me l', -C -.__ x_7,1- - ' . ., _�_�• / hid �are I 41I144'/7.wwwu4 6r,� 2? JCL • a Walden Oaks Petition The following list of residents and interested citizens OPPOSE the proposed Top Hat PUDA Petition - an amendment that would allow for the rezoning of the King Richard property to permit an automotive dealership with associated facilities including new and used car sales, repair and paint facilities, as well as additional lighting and use of signs associated with business. Signature Address hto A A"t I PZIP \U LET AP t J &L Walden Oaks Petition The following list of residents and interested citizens OPPOSE the proposed Top Hat PUDA Petition - an amendment that would allow for the rezoning of the King Richard property to permit an automotive dealership with associated facilities including new and used car sales, repair and pant facilities, as well as additional lighting and use of signs associated with business. i natur, . Address c r/-x et, 7:71/c AN OPEN LETTER TO ALL COLLIER COUNTY COMMISSIONERS OPPOSING THE TOP HAT AUTO CPUD We,as Walden Oaks residents and interested citizens,OPPOSE the ordinance to change the zoning classification of the Princess Park(ring Riahscd)PUD zoning district to the Top Hat Auto CPUD to allow building a car dealership with associated repair bordering our property. The two,possibly three 35 to 47 fl sales and service building would overshadow our baulful community pool. Noise ftom the 4 bay car wash and 37 service bays, as well as the MMus 25 R. lights on the property, will certainly be noticeable throughout our community.In addition,the count noise fro®the A/C units, jet wash blowaars and fins,as well as the pollotaams and the traffic issues as we enter and exit on Airport-Pulling Road will increase dramadcally. The proposed dealership will be open 7 days a week throughout pool use hours,and in reality,will directly meat the real estate values in our community. As stated on The Board of County Commissioner's published webpage, the commissioners "...are responsible fir providing services to protect the health, satiety, welke and quality of life of the citizens of Collier County." We need for you to meet your Bdusany responsibility In serving oar coanssadty. Please OPPOSE the Top Hat Ante CPUD effort. ignature reigo Address • Imikit.ixf 476-- evr e/i { ..,. ••• -'1C44; •97:"-v;,,„_.. - .. ,s, \,,c --...,.. : ..• .:• -77.—;-•-•--:4;7' '' , -;!:. . 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', :- 4 - '';' II \„, A .... , 1 1 ii, i ,- ,,,,, t ..,1 � � n 11 f ,d, 1 •. r ns 'f vol an 9 '� q .• ,1 re air t / ' €"'V e r .,„„c,,,,, 10, I 1 IP hi., 1 13 00 , loc "I, ,,„„,. ' ' No we .. am _ �' E moilarsor Li El _ O. ' .._ ' I i ,,... 1 ir IEt .-a, r 1 .„,"....,i ) isitaillia 1111111111 , - mai � � f owl I ifi , F it ik 0. ,:': A "- ) , k N.- 0 t.,:).;o.' I t,) t- .,,,,. <it-oNe:!,0 ., ..ott,„ .....,. , It t / , xy,a ,., € = tl ,,, It {,,. r.... '"""wow.„).„;; T„1.0` rye ` OT Jo£ailed £IOZ'II Aaerwgad pesp aj :CHID WeH cloy • !: /1111 1 AIRPORT ROAD the 141 A ® - _� _ c i ilp op i gp•f1gp� ti . il 1 = W iii if!ill i Eli t s i 1 , 7. limo E. ; ,",.. F-5 ` 15 illllllll f -- Li.. 1 i 1 I Flggiwin, 4-1'-- 4' \\--\*\\ k — olli m 0 ..,- ie II It , .P i il 4h r „k% : • -- 2-c A 9 1. IC Ai‘111 r . a;w ® ill{ I ITI I L ! L il 1 _ i IC::: I l =� == Ell os4 Kit � - =i\� • I, r4 ,,, 0 , - -i�'f�' 1 ii 1 III ' ■ I -0 1111° =;r(1u111111I1111Ii1I�r 0- ! a 9 ® , C: ;�'//iiu . iII/11111H'.m., • Ili //eli f II 'r , _\ IIIIIIIIIII/IIIfl1 I I 1111/1 8 y - - 1. i i g , I I ll I 1 1 $ _ liN 1 11 it 11) !i!1 11 1!1! glil gi /ini g _g A.. g: ►: ■ itii 1 Iv - Rtli IA :11 1 1: ._...... 7. "— —11-7oorrn - mil ai' ti% 1 ei i ir N.g. 11 . if] i 1 11 J RJ \ 4 To: Board of County Commissioners Date: 2/27/13 From: Ronald Cleminson, Board Member,Walden Oaks RE: Proper zoning Top Hat's many proposal revisions to the Planning Commission indicate that they are trying to fit the language of C-4, (General Commercial)around what they intend as a C-5 ( Heavy Commercial) project. Under Principal Use, C-4 allows for`new car sales only'. C-5 allows for'new and used vehicles'. In order to accommodate Top Hat's needs, the proposal language was changed as of February 11, 2013 to allow Principal Uses; motor vehicle dealers (new) group 5511. Accessory Uses; motor vehicle dealers, used only(group 5521). It was mentioned at the Planning Commission the Accessory Uses could be up to 49% of their business. The following information provides a reference for Commissioners to review the distinctions in legal uses for C-4 and C-5 zoned properties. Following is the language from the latest proposal revision. REVISED PROPOSAL FEBRUARY 11,2013 The Top Hat CPUD shall be developed as a commercial use project,which will include an automotive sales facility with associated repair services,limited to 65,000 sq.ft.Gross Floor Area(GFA) Tract A: A. Principal Uses Motor N ehiele dealers ('New,) group 5511) Group 5511 Motor Vehicle Dealers(New and Used) See attached B. Accessory Uses Motor Vehicle Dealers. 1 sed Onis (Group 5521 Group 5521 Motor Vehicle Dealers(Used Only) Establishments primarily engaged in the retail sale of used cars only,WITH NO SALES OF NEW AUTOMOBILES. These establishments also frequently sell used pickups and vans at retail. See attached. Our question is: Is this property being zoned for a C-4 or a C-5? The December 3,2012 proposal stated it would be developed as a C-S commercial use project. Revisions on the January 29,2013,and February 11,2013 state,`shall be developed as a commercial use project',with no reference indicating a C-4 designation. • SEARCH OSHA DSHA QuickTakes Newsletter RSS Feeds Print This Page 0 0Text Size 'Was this page helpful? Occupational Safety&Health Administration We Can Help WUat s New I Offices Home Workers Regulations Enforcement Data&Statistics Training Publications Newsroom OSHA Small Business Division G:Retail Trade Major Grouo 55:Automotive Dealers And Gasoline Service Stations Industry Group 551:Motor Vehide Dealers(new And Used) 5511 Motor Vehide Dealers(New and Used) Establishments primarily engaged in the retail sale of new automobiles or new and used automobiles.These establishments frequently maintain repair departments and carry stocks of -eplacement parts,tires,batteries,and automotive accessories.These establishments also 'requentiy sell pickups and vans at retail. • Automobile agencies(dealers)-retall • Automobiles,new and used-retell • Cars,new and used-retail • Motor vehide dealers,new and used carsietail • Pickups and vans,new and used-retail [SIC Search I Division Structure I Major Group Structure I OSHA Standards Cited] • U.S.Department of Labor I Occupational Safety&Health Administration 1 200 Constitution Ave.,NW,Washington,DC 20210 Telephone:800-321-OSHA(6742) I TTY:877-889-5627 ww■ .OSHA.gov • t" rte' .:r _.. ..._ .. 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Occupational Safety&Health Administration We Can Help Whees New I°ffiO0` Home Workers Regulations Enforcement Data&Statistics Training Putdioations Newsroom A Smell Btnlness Division G:Retail Trade Major Grog 55:Automotive Dealers And Gasoline Service Stations Industry Group 552:Motor Vehicle Dealers(used Only) 4g;) • Vehicle Dealers(Used Only) • Establishments primarily engaged in the retail sale of used cars only,with no sales of new automobiles.These establishments also frequently sell used pickups and vans at retail. • Antique autos-retail • Automobiles,used cars only-retail • • Motor vehicle dealers,used cars only-retail ■ pickups and vans,used only-retail [SIC Search I Division Structure I Major Group Structure I OSHA Standards Cited] US.Department of Labor I Occupational Safety&Health Administration 1 200 Consdbrdon Ave.,NW,Washington,DC 20210 Telephone:800-321-OSHA(6742) I TTY:877-889-5627 www.OSHA.gov • EXHIBIT A PERMITTED USES: The Top Hat CPUD shall be developed as a commercial use project, which will include an automotive sales facility with associated repair services, limited to 65,000 sq. R., Gross Floor Area(GFA). Tract A: A.Principal Uses Motor Vehicle Dealers(New)(Group 5511) B.Accessory Uses 1. Motor Vehicle Dealers,Used Only(Group 5521) 2. Automotive Exhaust System Repair Shops(Group 7533) 3. Tire Repair Shops,not including Tire retreading(Group 7534) 4. Automotive Glass Replacement Shops(Group 7536) 5. Automotive Transmission Repair Shops(Group 7537) 6. General Automotive Repair Shops(Group 7538) 7. Automotive Repair Shops,Not Elsewhere Classified(Group 7539) 8. Car wash,subject to the provisions of LDC Section 5.05.11. Blowers for drying must be located on the west side of the car wash. 9. Uses and structures that are accessory and incidental to an automotive sales facility. 10.Display of new and used automobiles for sale, provided it does not adversely affect pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any required landscape buffer,and allowed within front,side and rear yard setbacks. Top Hat CPUD: Revised February 11,2013 Page 10(10 /Ic-ressoky j` S 641 . General Commercial District(C-4).The general commercial district(C-4)is Intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale,coupled with the type of activity. The purpose and intent of the 0-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services,including entertainment and recreational attractions,at a larger scale than the C-1 through C-3 dis icts.As such,al of the uses permitted in the C-1 through C-3 disUkds are also permitted ka the C- 4 district.The outside storage of merchandise and equipment is prohibited,except to the extent that it is associated with the commercial activity conducted on-site such as,but not limited to,automoble sales,marine vessels,and the renting and leasing of equipment.Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads.Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads.The C4 district is permitted In accordance with the locational criteria for uses and the goals,objectives,and policies as identified in the future land use element of the Collier County GMP.The macdmum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses,as defined with a number from the Standard Industrial Classification Manual(1987),or as otherwise provided for within this section n ere permissible by right or as accnsory or conditional uses within the general commercial district(04). a. Pemrltted uses. f. Accounting(8721). 2. Aclustment and collection services(7322). 3. Advertising agencies(7311). 4. Advertising—miscellaneous(7319). 5. Agricultural services(0783). 5. Amusement and recreation services,indoor. 7. Amusement and recreation services,outdoor(7999-fshirng piers and lakes operation, houseboat rental,pleasure boat rental,operation of party fishing boats,canoe rental only). 8. Ancillary plants. 9. Animal l specialty services,except veterinary(0752,excluding outside kenneling). 10. L Apparel and accessory stores(5611-5699). 11. Architectural services(8712). 12. Auditing(8721). 13. Auto and home supply stores(5531). 14. Automobile Parking,automobile parking garages and parking structures(7521 -shall not be construed to permit the activity of"tow-in parking lots"). 15. Automotive services(7549)except that this shall not be construed to permit the activity of"wrecker service(towing)automobiles,road and towing service." utomotive vehicle and equipment dealers(5511 and 5549,new vehicles only). 17. Banks.credit Unions and trusts(6011-6099). 18 Barber shops(7241,except for barber schools). 19. Beauty shops(7231,except for beauty schools). 20. Bookkeeping services(8721). 21. Bowling centers,indoor(7933). 22 Building cleaning and maintenance services(7349). 23. Business associations(8611). 24. Business consulting services(8748). 25. Business credit institutions(6153-6159). 26. Business services-miscellaneous(7381,7389-except auctioneering service, automobile recovery,automobile repossession,batik work,bottle exchanges, bronzing.cloth cutting.contractors'disbursement,cosmetic kits.cotton inspection, • Accessory Uses. i. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-4 district. \ 2. Caretaker's residence,subject to section 5.03.05 3. Outside storage or display of merchandise when specifically permitted fora use. otherwise prohibited,subject to section 4.02.12 c. Conditional uses.The following uses are permitted as conditional uses in the general commercial district(C-4),subject to the standards and procedures established in section 10.08.00 1. Animal specialty services,except veterinary(0752.with outside kenneling). 2. Amusement and recreation services,outdoor(7948,7992.7996.7909). 3. Auctioneering services,auction rooms(7389,5999). 4 Automotive dealers and gasoline service stations(5521,5551,5561,5599 outdoor display permitted). 5 Automotive rental and leasing,outdoor display permitted(7513.7519). 6 Bottle dubs.(All establishments engaged In the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01.). 7. Communication towers above specified height.subject to section 5.05.09 8. Fire protection(9224). 9. Fishing,hunting and trapping(0912-0919). 10. Fuel dealers(5983-5989). 11. Homeless shelters. 12. ff /42 e- /116,--4,; c US r..b (SS//, Heavy Commercial District(C-5). In addition to the uses provided in the C-4 zoning district,the heavy commercial district(C-5)allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business.The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services,and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened.The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives,and policies as identified in the future land use element of the Collier County GMP. 1. The following uses,as identified with a number from the Standard Industrial Classification Manual(1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district(C-5). a. Permitted uses. 1. Accounting(8721). 2. Adjustment and collection services(7322). 3. Advertising agencies(7311). 4. Advertising-miscellaneous(7319). 5. Agricultural services(0783). 6. Ancillary plants. 7. Amusement and recreation services, indoor(7999). 8. Amusement and recreation services, outdoor(7999-fishing piers and lakes operation, houseboat rental, pleasure boat rental,operation of party fishing boats,canoe rental only). 9. r t Motion picture theaters(7832). 111. Motor freight transportation and warehousing (4225, mini-and self-storage warehousing only). 112. ) Motor vehicle dealers,new and used (5511, 5521). 113. Motorcycle dealers(5571). 114. Museums and art galleries(8412). 115. Musical instrument stores(5736). 116. Newspapers: Publishing,or publishing and printing(2711). 117. News syndicates(7383). 118. Nursing and professional care facilities(8051-8059). 119. Outdoor advertising services(7312). 120. Outdoor storage yards, provided that the yard is located no closer than twenty-five(25)feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to section 4.02.12. This provision shall not be construed to allow,as permitted or accessory use,wrecking yards,junkyards,or yards used in whole or part for scrap or salvage operations or for processing, storage,display,or sales of any scrap, salvage, or secondhand building materials,junk automotive vehicles, or secondhand automotive vehicle parts. 121. Paint stores(5231). 122. Painting and paper hanging(1721). 123. Passenger car leasing(7515). 124. Passenger car rental(7514). Coo+ Tzefor'*Qr rn EXHIBIT A I kriti-utEuk PERMITTED USES: ' The Top Hat CPUD shall be developed as a commercial use project, which will include an automotive sales facility with associated repair services, limited to 65,000 sq. ft., Gross Fl•• Area (GFA). 6(01(\(\ Tract A: in A. Principal Uses Motor Vehicle Dealers (New) (Group 5511) B. Accessory Uses 1. Motor Vehicle Dealers, Used Only(Group 5521) 2. Automotive Exhaust System Repair Shops (Group 7533) 3. Tire Repair Shops, not including Tire retreading(Group 7534) 4. Automotive Glass Replacement Shops (Group 7536) 5. Automotive Transmission Repair Shops (Group 7537) 6. General Automotive Repair Shops (Group 7538) 7. Automotive Repair Shops, Not Elsewhere Classified (Group 7539) 8. Car wash, subject to the provisions of LDC Section 5.05.11. Blowers for drying must be located on the west side of the car wash. 9. Uses and structures that are accessory and incidental to an automotive sales facility. 10. Display of new and used automobiles for sale, provided it does not adversely affect pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any required landscape buffer, and allowed within front, side and rear yard setbacks. Top Hat CPUD: Revised March 12, 2013 Page 1 of 9 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Commercial use PUD (CPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat, consistent with C-4 zoning. TABLE I DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 10,000 square feet NA Minimum Lot Width 100 feet NA Maximum Height • Zoned: 30 ft. / 35 ft.2 � QI3 ft.2 • Actual: 35 /4047 ft.2 35 4017 ft.2 Minimum Floor Area 700 square feet(ground floor) Maximum Floor Area Ratio None Minimum Building Setbacks • Front Yard (Airport 25 ft SPS Pulling Road) • Side yard 15 ft 10 ft • Rear yard' 500 ft SPS • Minimum Distance 25 ft 0 ft(Principal to Between Structures accessory) • Internal Drives None None • Lake 25ft 25 ft 'For Primary and Accessory uses, not intended to include small structures not directly serving the permitted land uses such as an irrigation well pump house. 2The maximum zoned height for the buildings labelled `Service' and `Wash and Detail' on the Master Plan shall be 30 feet, the maximum actual height shall be 35 feet. The Maximum zoned height for all other buildings shall be 35 feet, the maximum actual height shall be 40 feet. Top Hat CPUD: Revised March 12,2013 Page 2 of 9 i EXHIBIT C: MASTER PLAN: 7 LL1 0 1 %!; a : a 1 X4 2ci .1 — _.,x, Y � 5 hi T`K �/ N{�i I x V 1 i, ! It t41 q -.A. (,4 , ! - II 44NI . 0 0 1' 1!_! nu I I U I I I I I I I I I IfI ° 1;14Z ®* Nd 10 y&a= O' I I ® ® ,LLN> !` I■ _ I 44.6"i- 1°0, In mm 9 IS ® `�Wgi E - 0. -- . 0 41 si, In t 1 ,,, 03 ' i I • t0.191i41 lj .9 1 ‘ 1IL W li n 14 ° . ° -- %II �+ 4Y l R I tlf a d � i$10.114 -b rr1. N! "' Ao- \ ..,..- v , „ I 'f' I pi mint ..i. ._ y ® - JIII i 11-1 .e Es al 4 /— IIIIIIIII = aPe u bot- z/ _ '1111111' ( iie ‘ r r H N O+I+H+O 1 = I v t o t oh 1 04 IlL11 C a-ttand ade)90f1 E 3414�UOd-62 _i_ .1 o i LL J �/ rn 91 4 ® Q a 0. 1?�pd i ?1ld o dcn • Top Hat CPUD: Revised March 12, 2013 Page 3 of 9 EXHIBIT D LEGAL DESCRIPTION (OR 2296, PG 2000): The North 1/2 of the South 1/2 of the SW 1/4 of the SW 1/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida, less the West 100 feet thereof, previously reserved for road right-of-way purposes. Top Hat CPUD: Revised March 12,2013 Page 4 of 9 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC: 1. Deviation #1 seeks relief from LDC Section 5.05.08C.9.b. requiring all facades for a freestanding building within a PUD to be treated as a primary façade. To the extent necessary, only wall planes facing Airport road shall be required to be treated as primary facades. Top Hat CPUD: Revised March 12, 2013 Page 5 of 9 EXHIBIT F DEVELOPMENT COMMITMENTS: PLANNING: a. The project is proposed to start construction of infrastructure in 2013. The project may be developed in a single phase or multiple phases over time. b. No outdoor paging or amplified systems will be used as part of the daily operation of the dealership. c. The automated car wash will be 600 feet or more from the nearest existing residential unit, with blowers located at the western end of the car wash. Each end of the car wash will have bay doors which will remain closed during the entire car wash cycle including drying of vehicles. The doors will open only for entry and exit of vehicles. d. The service area will be enclosed with the exception of entry/exit doors and a small number of`quick lube' service bays, facing south. e. The project access on Airport Road shall be considered a driveway unless the parcel is subdivided. f. Regular hours of operation will be limited to 7am to 8pm Monday through Friday for Sales and 7am to 6pm for Service. Both Sales and Service will be limited to 7am to 5pm on Saturday and Sunday. g. The service door facing east will employ an automatic opening and closing `speed door' to minimize noise transfer to only those times when a vehicle is exiting the service area. All other times, the service door shall be closed. h. The Type `B' buffer along the north and east property lines will be inclusive of a 6' privacy wall. Beginning from point `A' as shown on the PUD Master Plan the westernmost point of the 15 foot Type `B' buffer on the north side of the project and continuing east 100' past the east wall of the car wash and detail bays, the wall height shall be increased to 8 feet. The landscaping on the side of the wall facing the residential shall consist of a hedge and canopy trees as shown on Exhibit G. The hedge shall be Sweet Viburnum and the trees shall be one or more of the following; East Palatka Holly, Dahoon Holly or Pigeon Plum along the northern property line, adjacent to residential. Along the east property line adjacent to residential, the required trees within the 15 foot Type `B' buffer shall be Laurel Oaks, a minimum of 12 feet at the time of planting, spaced no more than 20 feet apart. The privacy wall in this area will be set back a minimum of 10 feet from the property line. After initial installation, the hedge and trees may be replaced with alternative landscaping only with the written approval of the Lone Oak Homeowners' Association. i. Lone Oak Boulevard shall not be used for sales or service test drives by employees of the dealership. j. No gasoline storage or fueling tanks shall be located on the property. k. Any irrigation pump(s) shall be a minimum of 50 feet from residential property lines. 1. The required wall within the Type `B' buffer shall be solid in construction, utilizing a Woodcrete or similar product. TRANSPORTATION Top Hat CPUD: Revised March 12,2013 Page 6 of 9 a. The project access will remain in its current location and subject to the continuous northbound right turn lane; no modifications to the project access are required. UTILITIES a. County water service is available via an existing 10-inch water main located on- site. This 10-inch main is connected (tee and valve) to an existing 16-inch water main along the west right-of-way line of the southbound Airport-Pulling Road. The developer is responsible for providing the necessary connections at its cost to supply the site with County water service. b. County sewer service is available via an 8-inch gravity main / system located on- site (along the northern property line). Existing and proposed flows are to the northeast via the gravity system off-site and to the Lone Oak PUD lift station. The developer is responsible for providing the necessary connections at its cost to supply the site with County sewer service. ENVIRONMENTAL a. Due to the site being 100% impacted prior to 1975 through agricultural activity, no Preserve area is required. OUTDOOR LIGHTING a. All lighting will be shielded from residential areas to avoid glare. Lighting will be a directional type, aimed downward with shielding to reduce glare to adjacent properties. Illumination at all adjacent residential property lines shall not exceed .5 foot candles. b. Display lighting will be limited to that area shown on the Master Plan as lying west of the line marked as line `A' and will be reduced to security level lighting at 11pm. Security lighting that will have a minimum reduction in average lumens of 50%, will be the minimum needed for safety and security, and will occur in the area between lines `A' and `B' as shown on the Master Plan. No lighting will be located east of line `B'. c. All lighting will be flat panel fixtures. d. Lighting on the perimeter of the project will utilize full cut off shields. e. Any lighting within 50 feet of a residential property line will be limited to 15 feet in height. f. All lighting west of Line `A' and south of the Service portion of the main building as shown on the Master Plan will be no more than 20 feet in height. g. Display lighting will not exceed a 1,000 Watt Metal Halide intensity or its equivalent (intensity of LED, or other bulb type). Top Hat CPUD: Revised March 12,2013 Page 7 of 9 • EXHIBIT G: LANDSCAPE CROSS SECTIONS Z:\ACtivo Prokgts\T\Top Hot Auto(Nina Richards)12--0023\Ewa\Prodoctlon Drawings\MCP\2013-01-23--REZONE MCP—FlNALdwq(11017 PLAN(2)) psh.froth Jan 29,2013—8175m OVOU ONIT1Od-J JOd8IV 40- AP .LPFER J r . -Of�rla. b' ' I I ,.� I Hi 1 ! Js, \ 1 / % r 1. r j� �° , . E " _ II 0_—■ ,: ir,.. ,. ,,,,..,„t W gi .:1 s �i I i 0 .,, ..4, II ----- __.__..... . 0, ii. ..........--"41‘ " , : I I I � It ,......-- I : • I — . _10 Two L 3NV 1 NINNYI {� ➢ ' PROJECT r CLIENT: 11Fn40N5 • yo.2013 1g DE TOP HAT AUTO ... OT 9a1, �I� TOP NAT IpLDEVOb,LLC qM ria' 4T TidI SHEET TITLE'. \ t+N I.ES.fl.0 Axta r. ^' °° PRELIMINARY SITE PLAN PnoiEwcT NO . '�` .. >w.w,...,D..�...,. . ..laooa .. wTE. DESCRIPTION --, Page 8 of 9 Top Hat CPUD: Revised March 12, 2013 • + Z:\Active Project:\T\Top Hot Auto(King Richor0:)12-0023\owq\Production Drawings\MCP\2013-02-08—RE20NE MCP—FINAL.dwt(11017—SEC(2))Ean.Chapman Feb 11, 2013— 3:41pm 24.5' .■. •• z 24.5' I. 1 N 1 .... n . I t M • om., W II `- � A I m ■MM;�Pn PROPERTY LINE n n ■___u1 1 co r 2 O 6 3Z (-4- Z '2 O D Z m -o D D D o j *2 N OP. U! - m ii A O D 'M D D A D 'Le T D. r- PROPERTY LINE co x m o cn n m m rn n P1 Z W z mm o R. PTO z 2 m(n �� 0 M 0 > > m m m x (n m (n m 1 1 n -0( r 0 1 O p D Zr-1 q On0mm Z A 7C O U) A (A m OWN m O C �' m 31 tai `---17 T g PROJECT: 'CLIENT DATE REVIRONS JAN 2013 ro 3a DE TOP HAT AUTO DESIGNED:.. 0 7r na�/,nQ(']� TOP HATIIOU:MOS,L1.0 p,,,,,,. mg PA FllEtTS S SHEET TITLE' ' 1471 N NORTH p,q AIRPORT AD ^' Sz' "........solos SECTION VIEWS ■ "__ c..w.r o ,..NA . ■ . �1?0a9 Ha.. ,REV. MIE DEECEPTOH . Top Hat CPUD: Revised March 12,2013 Page 9 of 9 3ft21t3 (9o - - Growth Management Division — Planning & Regulation Planning Zoning Department October 31,2012 Mr. Tim Hancock, AICP Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples,FL 34105 RE: CPI-PL20120001364, Official Interpretation for Top Hat Auto,Request for an Official Interpretation of Policy 5.1 of the Future Land Use Element of the Collier County Growth Management Plan a/k/a Comprehensive Plan. Dear Mr. Hancock: Pursuant to Land Development Code (LDC) Section 10.02.02.F, you have asked the Planning & Zoning Director ("County Manager or his designee") to render an official interpretation pertaining to the application of Policy 5.1 of the Future Land Use Element(FLUE) of the Collier County Growth Management Plan(GMP)a/k/a Comprehensive Plan. The subject site, comprising +11.3 acres, was rezoned to Princess Park PUD, Planned Unit Development, in 1984 (Ord.No. 84-34) under the 1983 comprehensive plan-and the PUD was amended in 1990 (Ord. No. 90-53). The PUD contains a detailed PUD Master Plan and is approved for a variety of indoor and outdoor recreational uses. The property is currently developed and is known as King Richard's Family Fun Park. Under the 1989 GMP, the site is deemed"consistent by policy" pursuant to FLUE Policy 5.9 pertaining to "improved property" — property that was zoned inconsistent with the Future Land Use Designation Description Section and Future Land Use Map but was already developed. The applicant proposes to rezone the site from the Princess Park PUD to a new PUD to allow an automotive dealership with a full range of accessory uses such as maintenance and repair of vehicles. The purpose of this request is to have staff make a formal determination that the proposed rezone is, or is not, consistent with FLUE Policy 5.1. FLUE Policy 5.1 states, in relevant part: Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall Mr. Tim Hancock October 3I,2012 Page 2 of 4 intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. *** *** text break *** *** *** e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. FLUE Policy 5.1 contains a two-part test. Below is staffs analysis and determination of each part. Part I: Is the new zoning district the same or a lower intensity commercial zoning district as the existing zoning district? This evaluation requires a comparison of existing and proposed uses as they are listed in the commercial zoning districts - lowest zoning classification - in the Collier County Land Development Code (LDC). The existing Princess Park PUD permits specified indoor and outdoor recreation and amusement uses: • Building for office, maintenance, storage, ticket sales, snack bar, recreation room and similar uses • Mini golf course • Go cart track • Bumper boats • Batting cages • Aero-ball • Remote control boats • Swimming pool • Outdoor skating track • Boat rental • Video games in enclosed building • Similar and compatible recreational uses approved by the Zoning Director. The LDC lists the following uses: Mini golf— permitted conditional use (CU) in C-3; Coin operated amusement devices —permitted CU in C-3, permitted by right in C-4; Amusement and recreation services,indoor-permitted by right in C-4;Amusement parks -permitted CU in C-4; Go-cart track-permitted CU in C-4. AND Motor vehicle dealers, new only - permitted by right in C-4; Motor vehicle dealers, used only - permitted CU in C-4. Conclusion: The new (proposed) zoning district is the same or a lower intensity commercial zoning district as the existing zoning district. Part II: Is the overall intensity of commercial land use allowed by the existing zoning district not exceeded in the new zoning district (based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district)? 2800 North Horseshoe Drive, Naples,FL 34104 Phone:(239)252-2400 www.colliergov.net Mr.Tim Hancock October 31,2012 Page 3 of 4 It is important to note that FLUE Policy 5.1e. refers to the existing zoning district, not existing development. The applicant correctly compares what is allowed to be developed under the existing Princess Park PUD zoning on the site,not the actual development that exists on site. Also, it should be noted that the existing PUD zoning includes several integrated uses,rather than the more typical independent uses. For example,the snack bar/restaurant is not freestanding,rather is within the building with arcade games- seating is shared by the snack bar and those using the games as well as other patrons and guests. The applicant provided a comparative analysis of public facility impacts indicating the following: Arterial and collector roads—reduction in weekday PM peak hour trip generation by 122 trips Drainage—no change Potable water and sanitary sewer—reduction in daily demand of 5,920 gallons per day Solid waste—reduction Parks and recreation—no change/no impact. Staff concurs that there is a decrease in road trips and water/sewer consumption/generation, and no increase for drainage and parks and recreation, but that solid waste generation will increase with the proposed use. However,this increase does not outweigh reductions for other public facilities. Conclusion: The overall intensity of commercial land use allowed by the existing zoning district is not exceeded in the new zoning district. Determination of this Request for Official Interpretation: The proposed zoning district is deemed consistent with Future Land Use Element Policy 5.1 in the Growth Management Plan. Pursuant to Division 10.02.02.F. of the LDC,this interpretation has been sent to you via certified mail, return receipt requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property will receive mail notice and a copy of this interpretation and appeal time frames will be placed in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals (BZA). A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. 2800 North Horseshoe Drive,Naples,FL 34104 Phone:(239)252-2400 www.colliergov.net Mr. Tim Hancock October 31,2012 Page 4 of 4 Sincerely, Mike Bosi,ATCP Manager, Comprehensive Planning Section Interim Director, Planning &Zoning Department Growth.Management Division/Planning and Regulation Cc: Collier County Board of County Commissioners Leo Ochs, County Manager Collier County Planning Commission Nick Casalanguida, Administrator, Growth Management Division Jeff Klatzkow, County Attorney Heidi Ashton-Cicko,Assistant County Attorney 01 Determination Letter CP1-PL20120001364 Top Hat Auto G:\CDES Planning Services\Consistency Reviews\2012\OI\Top Hat Auto-Tamiarni Hyundai-Princess Park PUD dw/10-31-12 2800 North Horseshoe Drive,Naples,FL 34104 Phone:(239)252-2400 www.colliergov.net #C5 3iIZ(13 Coon+ ettr March 2013 "Collier County Commissioners Meeting" Re: Top Hat Auto Dealership at Princess Park Commissioners, good afternoon I'm Paul Boileau a residence representing Walden Oaks and to be precise, Tannin Lane in Huntington where the car dealership will be boarding. After being heavily involved in decisions with Toll Brothers, Pulling Golf Driving Range, Naples View and now Top Hat Auto Dealership I find this project very challenging and very much surprised with the zoning. As I looked in depth, I personally was unable to fine a better fit at this time. All Home owners felt from the beginning this project would not be a good fit. As we worked our way thought the process, we found no solid legal grounds for rejecting the auto dealership "Top Hat Auto" application for the rezoning of Princess Park. This is the first we know about property lines abutting each other for residential and auto dealership. It's a very hard thing to swallow, but reality comes first. Many hours of days and weeks have gone into this project to make every home owner in Walden Oaks feel confortatable under this situation. We at Tannin Lane have accepted the facts presented to us and are ready to move forward. We are the ones that will take the biggest hit as far as seeing, hearing and smelling it. Exhibit A "see attachment" Shows location of Home Owners favorable to proposed Top Hat Auto Dealership. One issue to mention is traffic in and out of Princess Park. Over the years traffic has not been a problem only because King Richard's was not successful With possibility of auto dealership locating the intensity will be much greater resulting in a nightmare for Walden Oaks residence entering Airport Pulling. This must be fixed to insure safety. Mr. Zeller and his associates have worked with us, Walden Oaks committee to assure us, minimum impact to see, hear and smell. I along with the committee feel comfortable this has been 90% accomplished and want to thank all involved. At Tannin Lane we are 49 home owner units that constantly hear the noise of King Richards's amusement park; we lived hearing this day and night and throughout many years. Indication are, we have close to 95% of residence on Tannin Lane affected by the proposed car dealership as long as no hear, see or smell, it will work providing traffic situation is worked out. The time now is right, to see daylight for a new venture that will help us on Tannin Lane and through out Walden Oaks. 1 a) cc L O CO L LL Q , • Rri -f it , • t ,• ' it i = 1 va rut :Pk �� ... 1 Z w v o N 0 d im O I I, 111C-Ilig ... I iv . fl° I a -.it , .. ! . ;.' ? 1 ICC 4.,T.5''''''- '--1 i yy • I C ._ . cts = .., 11 . CL � Oa1 1 Q • 3ftZit3 Coor-1r 6'° (1 O I am, David Pezzullo, a member of the committee that was appointed by air HOA Board to address the Top Hat Application. We in consultation with our residents have searched for a legitimate legal means to block this application. At the same time we have negotiated with Top Hat reps to get critical concessions that would make a fully operating C-4 usage next to us on two sides livable if we were not able to block it. Let us be honest. What we have wanted is to have this application rejected along with any C-4 use and have this Board work to downgrade the zoning of the Princess Park property into greater consistency with the residential and light commercial on the East side of Airport Road. That is what we want. That is what would be best for us and for the development of the area. We have spoken to lawyers, experts, county officials, investors ....whoever was willing to listen, to explore this avenue. We have tried to find a way within the law...that would hold under appeal. We have to report that we have found NO solid legal basis to do this. We wish we had. If anyone on this Board or in this audience has found one please present it. Looking to the future we respectfully recommend that this county review the New Use clause in the GMP so that this situation where legally, full-use C-4 is established next to residential is remedied. This provision —that brings the word of the law into conflict with the spirit of it - makes for spotty zoning that can only hurt the development of this county. But given that the GMP reads as it presently does, we ask that this Board of Commissioners do what it can to protect the key concessions that will make the oddity of C-4 abutting residential — us — on two sides livable You are probably aware that very few at Walden Oaks welcome a car dealership next door, but we have had to face that possibility head on. We in consultation with our residence through...two special informational meetings, an info sheet distributed door to door, web-site postings etc have negotiate with Top Hat, to get vital concessions to assure that if a dealership were to move next door our community pool would not be overwhelmed by noise from car wash 1 blowers, the new dealership would not be an eyesore from our property, and our home values would not be eroded. We have negotiated within the framework of the Planning Commission to make the best of the situation. We have many people to thanks for helping us to learn the facts, understand the process and negotiate the best deal we can get in a respectful and civil manner. First we want to thank our Commissioner, Georgia Hiller, of district 2. Since when we first consulted her in the early fall to explore ways of stopping this application, she has been unfailingly frank and direct. From the start she said that she would help us in any way she could ... but unless there was some solid legal rationale to block the application, she could not vote against it even if we wanted her to. She has helped us in the most important way...always being available and always telling us the truth and rather than what we wanted to hear. The Chairman of the Planning Commission, Mark Strain, has has gone way beyond the call of duty to help us. Not only did we benefit from his diligence and rigor, but with impartiality he helped us face the facts and get the most we could from the system designed to feed agreements. He has met with us, informed us, advised us and come to an information meeting at Walden Oaks Clubhouse attend by over a hundred residents and fielded questions and clarified the tradeoffs making clear he understood our concerns. We have to thank Mr. Zeller who has stayed true to his reputation as a fine corporate citizen able to keep sight of the longer view. The Top Hat reps have been unfailingly professional. ....through all our demands for information and concessions—and they were pretty much endless—they were civil and direct. They were able to step into our community's shoes to focus on the concessions that would help us most....so that we were able to press for those concessions that would benefit us most most while costing them less. They and Mr. Zeller understood that we wanted to stop this but rather than taking offense at our two pronged effort they negotiated in good faith..just as we were up front throughout. Likewise our neighbors...hundreds of whom we have met with at informational meetings, or by the pool, along our byways or in front of garages or 2 by internet. They have offered their advice, suggestions, encouragement and shared their experience and research. The key has been that while they have challenged our logic, questioned what was presented as fact, they did so in a civil manner and in measured tones. These conversations improved our thinking, obliged us to dig deeper into the facts and made us all better representatives of the community or common interest. With very few exceptions, our neighbors have been willing to discuss this emotional issue, in a civil fashion towards the best solution we could find together. This is very significant. We live in a time where differences are exploding into conflict. The social fabric is being ripped apart by personal acrimony and accusation. We need to rediscover the virtues of civility, measured conversation, considering the opposing perspective, searching for the common ground that turns differences of culture or generation, perspective or personality into agreements, that make us all better. Socrates once said that the more you engage in the world - the public arena or marketplace -the more you must learn about yourself and likewise the more you learn about yourself the more you are obliged to recognize and fulfill your responsibilities as a citizen. All in this process have stayed true to the proverb" Better light a candle than damn the darkness." Thank you all 3 n3D0 '° 3 m m 171 eliN m 3rrn m Z-4 tii CI c Zoo L*. a 0 ff- ram rn -c• xi Mrnz a m G vz4 m I v 3 moo e m 171 3 v mzz � GI z 4 - . O C � zrn a 1 -< o z m = coo m m co n . zis, r) vi T. r. 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(y I.4 0 z -I °o N' :\ 70 N 3 Pei xi 774 rgo■v ✓� 'S -1 m porn -, g 0 Ozrn ., m Z rn c -4 , A rn O D .J �_..J -1 2 x 1- (' a. - a 0b ^ s c GZf 70 T O W cIC 'o = Ca C ; a v 1 i o = o o > 0 m m .< 2"' v A O vi , (N > I r 3 > z2cc ' v n� tn rn Tr u) O 3 rn � � C rn 3 73 2 r) C. , L O O Dm I Z = z Oz r m m xWNo ,4 "uI rn V �" > .. rnWw A m x m rn 6- 2 4 2 -_, › O 3 O I z ( 'IN jJ24 rn II rn v _ �� r yz v '� m .< >z r.v O 73Ao �. / v - On moo n 3 rn a m ooaom r m m � DqN �3p 3 O A lY v = = 73 Z 3 OI o tp 73 > Z3D fl. 8 m � 3 Al z• C z -I °o •. 7v 1f-p > D° \' �B 2D O v rn04 c 71 v O rn xi rnA g0 "' N U m 2 rnzrn F col rrn � m D 2 a/ t..:7 n m m 18 > o _ .1 70 I- U rn 1.1> v - s in ig 70 -n m c v C (. rp 4'30 111111 ' Collier County, Florida 2012 audit results El ERNST&YOUNG Quality In Everything We Do • Confidential- t >u;,;,,t.,.P Overview of the 2012 audit Executive summary Audit reports issued Unqualified opinion on the financial statements of the County and each Constitutional Officer Report on compliance with laws and regulations pursuant to Government Auditing Standards No material weaknesses or significant deficiencies in internal control r No instances of non-compliance or other matters Management letter on internal control One current or prior year comments ,. Includes disclosures required under the Rules of the Auditor General �� Collier County,Florida 2012 audit results I -1 Confidential-Ernst&\' unq LLP Overview of the 2012 audit Executive summary Auditor's responsibility under GAAS • Provide reasonable assurance • Understanding of internal controls Unqualified opinion on the financial statements Critical accounting policies • Disclosed in Note 1 to the financial statements Fraud and illegal acts • No such material matters identified Audit differences Three recorded audit differences Depreciation expense$1.8M • Depreciation expense $0.6M • FEMA funds to be returned $11.2M µ One unrecorded audit difference > Impact of prior years depreciation recorded in the current year $1.3M See Appendix A Material weaknesses in internal control None Disagreements with management • None Serious difficulties in performing the audit None Excellent cooperation and assistance from management Consultations with other accountants None Independence • Ernst &Young is independent of the County as defined by professional standards and Government Auditing Standards Collier County,Florida 2012 audit results?= 2 • Confidential-F rnst Yjn(4 LLP Comparison of audit results to prior year 2010 2011 2012 Audit adjustments 4 7 4 (recorded and unrecorded) Significant 0 0 0 deficiencies and material weaknesses related to controls around financial reporting Single audit findings 13 major programs 14 major programs 13 major programs 1 qualified audit *. 5 qualified audit 2 qualified audit compliance opinion compliance compliance 12 unqualified audit opinions opinions compliance . 7 unqualified audit * 11 unqualified audit opinions compliance compliance opinions opinions * 2 adverse compliance opinion 7 findings; 5 11 findings: 0 significant significant 7 findings: 4 deficiencies and 1 deficiencies and 11 significant material weakness material weaknesses deficiencies and 4 material weaknesses Management letter 2 1 1 comments Collier County,Florida 2012 audit results P 3 • Confidential rqst c l'<unc.: P Three-year comparison General Fund 2010 2011 2012 Fund balance (a) S71,346,611 $67,377,977 $71,066,638 Linreserved fund nalance 03) $59,705,240 $54,458,662 $57,090,349 Total experldifures (c) S232,277,940 $ 225,471,535 $212,754,341 of fund balance(a/c) Cie of unreserved fund balance (b/c) 26% 24% 27% As of September 30,, 2012 - Collier Manatee I Sarasota Fund balance (a) $71,066,638 $105,295,000 $139,702,147 Unassigned fund balance (b) $57,090,349 $93,062,000 $48,751,643 Total expenciittires(C) S212,754,341 $208,568,000 $200,465,923 '40 of fund balance(a/c) 3 70% ''./0 of unassigned fund balance (b/c) 27°,;0 45% 24% Collier County,Florida 2012 audit results 4 • co"oueoua c,nxzv*^mup Three-year comparison ,^ ` / �` ``' |� � / " | � ' 2012 �� ^',' `']- �' "�� ° �' ' ^:,. Pmou|abor/o 331.800 321'520 323.785 Total qnvernmenLal activities ob|igations $ 470.136.399 $ 433.233.544 $ 3g5.B39.4'27 Governmpnta| activities debt outstanding $1.417 $1.347 $1.223 per capita Total business activities obligations $255,492'312 $243.531.572 $231.262.938 Business activities debt outstanding per capita $770 $757 $714 Total outstandingdebt $725,628,711 $676.765.116 $627.102.365 Total outstanding del-.)t per capita 52^187 $2.105 $1,937 Source: i,vww.fred|abormarKetinfo.com As of September 30, 2012• 1 Manatee , !, Sarasota Popu|ation'o 323.785 325'985 381.319 Tot, governmental activities obliations $395.839'427 $121.860.000 $313.139.540 Governmental activities debt outstanding per $1223 $374 $821 caoita ' Total business activities obligations $231,262,938 $187'783.000 $29I.716.538 Business activties deot outstanding per capita $714 $576 $765 Total outstanding debt $627.102.365 $309.643.000 $604,856198 Total outstanding debt per capita $1.937 $950 $1'586 Source: ww�.hed|aUormarkebn[o.corn Collier County,Florida 2012 audit results; 5 t^` z„ 7?°^_• .a ,°r � _ v^r=mr G ^ r rvr m� m[r -'°r .. ■ r ' ' y � 7.' i 4.y . •' 43 �t. + =';'•-:t.,''''',';‘-,''''''.',:`.-',--',1.',',.,':_.1-,,,!,.--__s x gar 5 2 `5C t Lf•i# tl �4v � •�?i*� t y 4 R h v . :.a �.52 a'•i: S4, " ti;,•::::,%S: c<r u `^ti`: .; ..... . . .. .. :- :....::. ..:.te <;''r,,.'�Y'r'' pp !f.. . . .: ,.:. n•,.; -. .� .,:�....�.".,.,. .. t t....x, ^.r s Yrt:2: 4 3`;..ii t% f( •ilx . n�t 1 3 i �.T:` F.a.:� 1 .�;a t: +. :h, is{•'1 i Nnst } p .. 4- - a . L i„.% r i i 1 t i V! Yl�1.'-';-',_,''',..„,,T.,,' �n i 2 � - - � _ .�< - .- - 4 ' f • • f H t i Confidential-f-rnsi&Y■4ir1,1,.;_P Uncorrected and corrected misstatements Summary of Audit DHlrenc.a Client!Collier County,BOCC-Entity Wide-Governmental 1 Audit dater.' 30.959-2012 f Currency:) USD' AS Idrnt9led misstatements above nominal amount - Anat`�tls tf misstatements Debbl(Credit Assets - Ateets Uatrilawt uaatmes income Effect oEcaer ttYy the Balance Sheet as efthe Asa aunt Current Non-turent Current ten-current End Otins Other-SpeoWy (misstatements are recorded as journal entries and Currant period Nan Prior period Non Ne. WIP ref. Oast.••an claw en . Deb-•Cm-. Debit/.« Deb Cr*- -s! Dab•-Crodk Debi -it Ta -a Deb Taxable Deb u... 1 ,Accumulated Detxedamr-Cr G4o,S33' bepredaboo Evens.-Cr 5040.6.13) %revere to client's crap(mlod+was moonte1 tnccareak Oepreciaann Expense-Caren''erar-Cr 440,443 • 0eplaciaaan Sg en2-Prior Year-Dr. 1,395.330. Accumulated Degree,anon-Cr. (1 7g3,7731 To recall rtepreciabcn expense Ono( effect and currerd year effect)far an asset Nat was placed alto sews in a prior year bu not recorded to the Gl.uIlf the cater!year. 2 Operating Eapense 71,172,273 Accrued Uabitty-[Ape U Other Gott (11,17 2,273( To retard Me accrual to FEUA funds Prat rrmy be required to be repad by the County,subject to the final dmostion of the pending*beet Redassficaton mrsstatements� 1 Depreciator Expense-Poor Year-Dr. 5.345,10 _ Related to wary abuse Factual m:sstatentents 1 Pmlected misstalaments l Judgmental rnsstatenents Balance shoot totals 1 0 0 2 0 Financial statement amounts , Collier County, Florida 2012 audit results an<7 • Confidential-Frnst&Yc,unci i.P Uncorrected and corrected misstatements Summary efAudit Differences Plant!Collier County,9000.Other Cievnmmemat Funds Audit date: 30-S —2012 Currency:I USD' All Identified mhatatementn above nominal amount Anatiie of missratsments Dahitl(Cradit) Aaeeh Manta Uatelmaa Lleblltsns incemeEffebtofCon VCdny the Balance Sheet as of the Account Curren Non-atonal Current Nemeurrmt End WON' Other-Specify (misstaamenb are reeerded as Journal entries and Current period Non Prier period Non Ne. IP al. d e.•an at Deb •Cred • '•Grad e••'• •able do Deb Credit Tax ble • -It Cr T_.01 • IA.Credl 1 ••-:rating Expense 11,172.273 •ued Uatnty-Due 13 OtlterGait 11`.172_73) ... o retool ffle acenta tar F£01A funds that may be required to be d by tee Catty,suttee'to the final disgosews dine •-dry appeal • cation misstatements. .. 1 Factual misstatements. 1 i Protected misstaementy I f Judgmental misshterrents. Lance sheet totals 6 D tr 6 d Fioanciai staament mounts 309,302,680 0 9t03t 1f 6 700,AN 1271` Collier County,Florida 2012 audit results! +%;e 8 Ernst&Young Assurance I Tax I Transactions I Advisory About Ernst&Young Ernst&Young is a global leader in assurance, tax,transaction and advisory services. Worldwide, our 167,000 people are united by our shared values and an unwavering commitment to quality. We make a difference by helping our people,our clients and our wider communities achieve their potential. 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We provide a consistent worldwide audit by assembling the right multidisciplinary team to address the most complex issues, using a proven global methodology and deploying the latest, high-quality auditing tools.And we work to give you the benefit of our broad sector experience, our deep subject matter knowledge and the latest insights from our work worldwide. It's how Ernst&Young makes a difference. ©2013 Ernst&Young LLP. All Rights Reserved. 1302-1034429 n 3D r- 13 > m m M ED 3r @ m z flipgg GI r O- 3 0 to 0 3 xi a rn O gym' - ~ z 3 m 73 .. ,-- --- a 3 0 0 Z rn Z d z 6 9- Z -< • G m -1O o= co '� m m W .Wi (•, ,a U' gl 0 n 9 5 Z n — > 0 c z a W r 3 rnrnrn V I Z p -1ZV i N A z r� z - - M 2 ° qrn 3 a 0 N Pp 70 0 • l Y v zo 72 Z 3 o �p C' G c z G "' $ > q3D C xi m -p 0 z- 1 °o 70 H eV p c XD- C -1 m xi 0 � rn co N 0 N� (n 1* rnD E g nm m mpD O s s 0 1.41 0 03 VS 41 n z to D rt A 3 > r w 3 m m m NWrn 1 m C 3 a zac . 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EDWARD'S COLLIER COUNTY ,r ,?•-+ SUPERVISOR OF ELECTIONS m te. wAActiys:Rcgiateeatt Valera as ef03j44/X013 , ,.$,5publkanai 93 523, Daseeele ti 4$429; Others:44.7437 _Total:;k 1yOO8, Home Search Results coot Voters Type Date Candidate Office Contributor/Vendor Amount Type Type ____,.-b_......_...._.__._.�.-- y Mail/Absentee -- ----- --- Colette, County Gail L Tober Coot 5/19/2011 Commission 2240 Southti:indu Dr. I $500.00 Individual Check Housewife Q2 hm-84 IIII Election Information District 5 Naples,Fl 34102 Candidates Colette, County Robert Boyd Tober __ ___ Coot 5/19/2011 Jim-84 Commission 2240 Southwinds Dr. 5500.00 Individual Check MD Q2 District 5 Naples,Fl 34102 Becoming a Candidate ..,�•-______._..__ _______ County Robert Boyd Taber, Election Workers Cant 5/14/2012 Jini 8a, Commission 22 $500,00 Business Check. EmergencyMedicine Fl Tim-84 2240 Southwinds Dr. .._._-.__._.__ ' District 5 Naples,Fl 33940 Kids Links Neil S Tober --.___..._______.._-- — Colette County Neil 1164 Los Robles Dr. News Room Cont 5/22/2012 Jim-84 Commission palm Springs,Ca $50.00 Individual Check Fl District 5 92262 Contact Us Golden r - I Robert Boyd Tober Billington, Gate Fire Coot 6/14/2012 2240 Southwinds Dr. $500.00 Individual Check MedicalDirector Fl Duane-166 District Naples FI 34102 Seat , Golden Gail L Tober Billington Ga Fire Cont 6/14/2012 Duane-16,6 District te 2240 Southwinds Dr. $500.00 Individual Check Housewife Fl Seat 2 Naples,Fl 34102 Robert Tober Coot 6/14/2012 Sheriff N224apl0 es,SouFL th winds Dr $500.00 Individual Check Physician Fl 341020000 Robert Boyd Tober, Inc. Coot 6/14/2012 Rambosk, Sheriff 2240 Southwinds 5500.00 Business Check Physician F1 Kevin-137 Drive Naples,FL 339400000 East Naples Robert Tober - Page,Jeff- 2240 Southwinds Coot 7/20/2012 127 Fire District r4v= $500.00 Individual Check Physician F2 Seat 5 Naples,Fl 34102 East Naples Gail Tober Cost 7/20/2012 Page,Jeff- Fie Distrlc( 2240 Southwinds 5500.00 Individual Check Housewife F2 127 Seat 5 Drive Naples,Fl 34102 North Robert Boyd Tober,. Cant 9/21/2012 Norman- Naples Fire 2�0 Southwinds $500.00 Individual Check Physician G2 173 District Drive Seat 5 - Naples,Fl 34102 Fed North Gail L Tober Cont 9/21/2012 Norman- Naples Fire 2240 Southwinds 173 District Drive $500.00 Individual Check Housewife G2 Seat 5 Naples,Fl 34102 Total Contributions 55,550.00 Total Expenditures $0.00 $i search • 3/11/2013