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Backup Documents 02/25/2014 Item #17B
178 4K, COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Adv., Location,etc.) Originating Dept/Div: GMDfPlanning&Zoning Person:Nancy Gundlach Principal Planner Date:January 27,2014 Petition No.Of none,give a brief description): PL20130001352 Petitioner:(Name&Address): Mr.Tim Hancock,AICP Davidson Engineering, Inc. 4365 Radio Road,Suite 201 Naples, Florida 34104 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) I Hearing before X BCC BZA Other I Requested Hearing date:2/25/2014 (Based on advertisement appearing 20 days before hearing, Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500146769 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged far advertising costs: 131-138326-649100-00000 Reviewed By: Ii Date: II-Z.I`I Division A inistrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. B. FOR CLERK' OFF E It Date Received Date of Public Hearing 4 Date Advertised i I7B NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, February 25, 2014 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL, the Board of County Commissioners (BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.. The title of the proposed Ordinance is as follows: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the • unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Multi-Family-12 District(RMF-12)within the Santa Barbara Commercial Overlay District to a Commercial Planned Unit Development(CPUD)zoning district within the Santa Barbara Commercial Overlay District to allow up to 10,000 square feet of commercial uses for a project to be known as 7-Foodmart CPUD on property located on the east side of Santa Barbara Boulevard, north of Golden Gate Parkway in Section 21, Township 49 South, Range 26 East, Collier County, Florida; and by providing an effective date. (PU DZ-PL20130001352) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) 17 B ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL MULTI- , FAMILY-12 DISTRICT (RMF-12) WITHINN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT.' (CPUI)) ZONING DISTRICT WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO ALLOW UP TO 10,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS 7 FOODMART CPUD ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD, NORTH OF GOLDEN GATE PARKWAY IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20130001352) WHEREAS, Tim Hancock of Davidson Engineering, Inc. representing the petitioner, Deonarine Enterprise "Inc.", petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 21, Township 49 South, Range 26 East, Collier County, Florida is changed from a Residential Multi- Family-12 District (RMF-12) within the Santa Barbara Commercial Overlay District to a Commercial Planned Unit Development (CPUD) within the Santa Barbara Commercial Overlay District for a project to be known as 7-Foodmart CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County I.,and Development Code. is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. 7-FOODMART -PUDZ-PL20130001352 Page 1 of 2 Rev. 1/07/14 178 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, Chairman Approved as to four and legality: \AX \\‘' Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C— Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—Development Commitments CP\13-CPS-0125\43 7-FOODMART -PUDZ-PL20130001352 Page 2 of 2 Rev, 1/07/14 1713 EXHIBIT A PERMITTED USES: The 7-Foodmart Commercial Planned Unit Development (CPUD) is allowed a maximum of 10,000 square feet of gross floor area of limited commercial uses consisting of retail, service and/or office uses. Permitted Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part. for other than the following primary uses: A. Principal Uses I. Accounting (8721). 2. Adjustment and collection services(7322). 3. Advertising agencies(7311). 4. Amusement and recreation services (7999,bicycle and moped rental only). 5. Animal specialty services, except veterinary (0752, dog grooming and pedigree record services only) excluding outside kenneling. 6. Apparel and accessory stores (5611-5699). 7. Architectural services (8712). 8, Auditing(8721). 9. Auto and home supply stores (5531). 10. Banks, credit unions and trusts (6011-6099). 11. Barber shops (7241). 12. Beauty shops(7231). 13. Bookkeeping services (8721). 14. Business associations (8611). 15. Business consulting services(8748). 17 B l6 Business credit institutions (6|5]-0\59). 17. Child day care services (8351). 18. Civic, social and fraternal associations(8641). 19. Commercial art and graphic design (7336). 20. Commercial photography(7335). 2 I. Computer and computer software stores(5734). 22, Computer programming, data processing and other services (7371-7379). 23. Credit reporting services (7323). 24. Dance studios, schools and halls, (7911). 25. Department stores (5]l |). 26. Direct mail advertising services (7331). 27. Drug stores (5912). 28. Eating places (5812` except contract feeding, dinner theaters, food service - institutional, industrial feeding). 29. Educational services. 30. Electrical and electronic repair shops, miscellaneous (7629 - except uinzcuft, business and office machines, large opp|ionocu, and white goods such as refrigerators and washing machines). 31. Engineering services (8711). 32. Federal and federally-sponsored credit agencies (6111). 33. Food stores (5411 ' except supermarkets, 542|-5449). 34. Funeral service (7261). 35. Garment pressing, and agents for laundries and drycleaners (7212). 36. General merchandise stores (5331-5399). 37. Glass stores (5231). r / r/n`r/x.<-nzm7'/���� I $/ n|}1 xn"u^Juovm? 2v|� 17B 4 3$. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to P.S. §400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch.4-193 F.A.C.; all subject to section 5.05.04 of the LDC 39. Hardware stores (5251). 40. Health services,offices and clinics (8011-8049) 41. Home furniture and furnishings stores(5713-5719). 42. Home health care services (8082). 43. Insurance carriers, agents and brokers (631 1-6399, 6411). 44. Labor unions(8631). 45. Landscape architects, consulting and planning(0781). 46. Laundries and dry cleaning(7215). 47. Legal services (8111). 48. Loan brokers (6163). 49. Management services (8741, 8742). 50.Membership organizations, miscellaneous (8699). 51. Mortgage bankers and loan correspondents (6162). 52. Museums and art galleries (8412). 53. Musical instrument stores (5736). 54. Paint stores (5231). 55. Personal credit institutions (6141). 56. Personnel supply services (7361 & 7363). 57. Photocopying and duplicating services (7334). 58. Photofinishing laboratories (7384). 59. Photographic studios (7221). Page 3 of 11. ktniar.: 7, 2014 17 B 60. Physical fitness facilities (7991). 61. Political organizations(8651). 62. Professional membership organizations(8621). 63. Public administration (9111-9199, 9229, 9311, 941.1-9451, 9511-9532, 9611-9661). 64. Public relations services(8743). 65. Radio, television and consumer electronics stores (5731). 66. Radio, television and publishers advertising representatives (7313). 67. Real estate (6521-6541). 68. Record and prerecorded tape stores (5735). 69. Religious organizations (8661). 70. Retail services, miscellaneous (5912, 5942-5961, 5992-5999). 71. Retail nurseries, lawn and garden supply stores (5261). 72. Secretarial and court reporting services (7338). 73. Security and commodity brokers, dealer, exchanges and services (6211----6289). 74. Shoe repair shops and shoeshine parlors (7251). 75. Social services, individual and family (8322 - activity centers, elderly or handicapped; adult day care centers; and, day care centers, adult and handicapped only). 76. Social services,not elsewhere classified (8399). 77. Surveying services (8713). 78. 'Tax return preparation services (7291). 79. United State Postal Service(4311 except major distribution center.) 80. Veterinary services (0742 veterinarian's office only, excluding outdoor kenneling.) 81. Videotape rental (7841, excluding adult oriented stores.) 82. Wallpaper stores (5231). l'Jgc of 1?. 17 , 83. Watch, clock and jewelry repair(7631). 84. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Prohibited Uses I. Gasoline service stations(5541)or any gasoline sales. ,:o >tIi 17B EXHIBIT B DEVELOPMENT STANDARDS: TABLE I COMMERCIAL DEVELOPMENT STANDARDS Table I below sets forth the development standards for commercial land uses within the proposed Commercial Planned Unit Development (CPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the UDC in effect as of the date of approval of the SDP or Subdivision plat, consistent with C-2 zoning. PRINCIPAL USE ACCESSORY USE MINIMUM LOT AREA 43,560 square feet N/A MINIMUM LOT WIDTH 100 feet N/A 1,000 square feet(ground MINIMUM FLOOR AREA N/A floor) MAXIMUM FLOOR AREA RATIO N/A PUD SETBACK REQUIREMENTS MINIMUM BUILDING SETBACK 25 feet S.P.S ,' . (FROM SANT BARBARA BOULEVARD) MINIMUM BUILDING SETBACK (FROM NORTH BOUNDARY&SOUTH 15 feet 10 feet BOUNDARY) MINIMUM BUILDING SETBACK 15 feet 10 feet (FROM TROPICAL WA Y ALLEY) MINIMUM DISTANCE BETWEEN 10 f et 0 feet(principal to STRUCTURES accessory) MAXIMUM BUILDING HEIGHT • Zoned: 35 feet/2-stories 25 feet. • Actual: 42 feet/2-stories 32 feet Note: Permanent accessory structures, such as dumpster enclosures, shall not he permitted in the drainage and utility easement. If said easement ceases to exist, setback will occur from the right-of-way, alley or adjacent property line. S.P.S =Same and Principal Structure Page of I 77.201,1 ,„,„,...„ 7 B ,.....,....,,,.....,,,,,..., , --1- NVid 1,130N00 21-3.L.SVIN I ,..,,.,, ■..wo.,,,L,-.■I • ,-- 1.... :-,.,•:. I I 411,4,'431.6,N :3 1.181HX3 ''''•'''' tzteddiXVId -3,..ii...i,,..j.TP?..i:::?,'JJ:;:q:i!.00:isti...IVO .. 1! t- gZ ' ''CVII'fs±■)..i.;VanZgt=t..::11 ,.ia.;;v: I I Orgn I iavvIcooL. 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U ut.... al 0..) 117,- () eico <0 17B EXHIBIT D LEGAL DESCRIPTION: LOT 7, 8 AND 9, BLOCK 189 OF GOLDEN GATE, UNIT 6 A SUBDIVISION AS RECORDED IN PLAT 5, PAGE 124 THROUGH 134 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. page 8 all 178 EXHIBIT E DEVIATIONS: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. 1. Deviation #1 seeks relief from 1.,DC Section 5.05.08 C.9.b., "Freestanding Building within a PUD," which requires all facades for freestanding structures within a PUD to be treated as a primary facade, except for secondary facades, to require only the facade facing Santa Barbara Boulevard to be treated as a primary facade. 2. Deviation #2 seeks relief from LDC section 5.03.02 II., "Wall Requirement between Residential and Non-residential Development," which requires a masonry wall, concrete or pre-fabricated concrete wall and/or fence to be constructed on a non-residential property when it lies contiguous to or opposite a residentially zoned district, to instead allow a Type IF buffer inclusive of a 6-foot high hedge consistent with LDC section 4.06.02 C.2. where residential zoning occurs on the north and south perimeter boundaries of the subject property. 3. Deviation #3 seeks relief from LDC section 4.06.02 C.4., "Alternative D Landscape Buffer," which requires a 15-foot wide Type "D" landscape buffer when the ultimate right-of-way is 100 or more feet, to instead provide a 10-foot wide Type "D" buffer along Santa Barbara Boulevard. 4. Deviation #4 seeks relief from LDC section 4.06.02 C.2., "Alternative B Landscape Buffer", as well as l.,l)C section 5.03.04 A.2., specifying dumpster enclosures not to encroach into the required landscape buffer area, to instead allow the dumpster enclosure to be located as shown on the MCP and to provide a 5-foot wide buffer with the same planting materials required of a Type "B' Buffer on the west side of the dumpster enclosure, as also shown on the Master Plan. of 11B EXHIBIT F DEVELOPMENT COMMITMENTS: PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. ENVIRONMENTAL Subject to a native vegetation tree survey performed on the subject property, 37 trees were found to he consistent with native vegetation requirements. 10% of said trees shall be retained, relocated or provided on site per Section 3.05.07.A.2 of the LDC as part of the required perimeter landscaping or elsewhere on-site. OUTDOOR LIGHTING All outdoor lighting shall be limited to 15 feet in height except for code required arterial level street lighting at the project entrance on Santa Barbara Boulevard. All lighting shall be designed to shield streets and all adjacent properties from direct glare and excessive light. TRANSPORTATION The development of the land within this PUD shall be subject to and governed by the following conditions: 1. The developer will restrict the Santa Barbara Boulevard driveway to preclude trucks from entering or exiting. All trucks, including waste management and delivery trucks, shall be guided to use the service alley behind the development as a primary means of accessing the site. Signage at the entrance on Santa Barbara Boulevard will be installed directing deliveries to Tropical Way, Deliveries will be made by vehicles no larger than a `box truck'. Full size Tractor Trailers shall not make business deliveries via Tropical Way.No vehicles shall park on Tropical Way to make deliveries. 2. At the time of PUD approval, the future of Santa Barbara Boulevard is planned by the County to be four lanes, and the potential for a full or directional median opening is not currently determined. The owner acknowledges that installation of a full or directional median opening serving this development or the installation of a raised median shall be at the sole discretion of Collier County for the future design. If the developer elects to pursue a full or directional median opening during the future four-lane design, then the Developer agrees to do so at his own risk and cost (costs shall include design, permitting, and if approved by Collier County, construction). If a Southbound left turn lane is constructed by the County to serve this development, the owner agrees to reimburse the County for the aforementioned design, permitting, and construction costs at an equal value to what the County has paid for these services. 178 3. Should the developer wish to retain the existing median opening with intent to serve his site, then the design and construction a southbound left turn lane shall be at the expense of the developer. If the left turn lane is not desired and or required by the developer at this time, then signs and/or median restrictions prohibiting the Southbound left-turn movements shall be installed in the right-of-way per MUTCD and MOT standards to promote safe traffic movements as part of the first SDP application on this site. 4. Notwithstanding the commitments in paragraph 2 and 3, the County reserves the right to close or modify the median openings at any time in its sole discretion. 5. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed the summarized PM Peak Hour, two way trips as shown below: a. For a maximum of 10,000 SF, 262 PM Peak Flour, two way trips. MISCELLANEOUS 1. Hours of operation shall be limited to Gam to 1.1 pm. 2. The required privacy wall adjacent to residential zoning shall he 6 feet in height. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Deonarine Enterprise, "Inc." Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD are closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 17B Acct. #068779 January 28, 2014 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZ-PL20130001352; 7-Foodmart CPUD Dear Legals: Please advertise the above referenced notice on Wednesday, February 5, 2014, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500146769 179 F� NOTICE OF PUBLIC HEARING Notice is hereby given that on TUESDAY, February 25, 2014, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance . The meeting will commence at 9 : 00 A.M. The title of the proposed Ordinance is as follows : AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL MULTI-FAMILY-12 DISTRICT (RMF-12) WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO ALLOW UP TO 10,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS THE 7-FOODMART CPUD ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD, NORTH OF GOLDEN GATE PARKWAY IN SECTION 21 , TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE . (PUDZ- PL20130001352) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which 179 record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance . Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112 , (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 176 County of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUTs 'Y COORTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102 P.O. BOX 413044 Accountant NAPLES, FLORIDA r, NAPLES, FLORIDA Auditor 34112-5324 34101-3044 Custodian of County Funds January 28, 2014 Davidson Engineering, Inc. Attn: Tim Hancock, AICP 4365 Radio Road Suite 201 Naples, FL 34104 Re: Notice of Public Hearing to consider Petition PUDZ-PL20130001352: 7-Foodmart CPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 25, 2014, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, February 5, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Pot .04■■ Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.corn Email- Coll ierClerk ucollierclerk.corn 1713 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, January 28, 2014 10:14 AM To: Naples Daily News Legals Subject: PUDZ-PL20130001352 (7-Foodmart CPUD) Attachments: PUDZ-PL20130001352 (2-25-14).doc; PUDZ-PL20130001352 (2-25-14).doc Legals, Please advertise the following attached ad Wednesday, February 5, 2014. Please forward an ok when received, if you have any questions feel free to call me. Thanks Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara a,collierclerk.com 1 17B Martha S. Vergara From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday,January 29, 2014 2:26 PM To: Martha S. Vergara Subject: Ad Confirmation Attachments: UASF16.jpg Hi Martha! Please provide approval ASAP for publication on 02.05.14. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 239-231-6061 cpolidora@naplesnews.com Thank you for placing your ad. Date 01/29/14 Publication NDN Account Number 744102 Ad Number 2014839 Total Ad Cost $290.34 I. NOTICE OF PUBLIC HEARING 17B Notice is hereby given that on TUESDAY, February 25, 2014, in the Boardroom, 3rd Floor, drrrinistratian Builrlinggr collier county Government Center, 3299 East Tamiami Trail, Naples,.Florida, the Board of County Cornn`itsloners Will consider the enactment, of a County Ordinance. The meeting will commence at 9:00 AM, The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS ATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF It-1E HERCiN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL MULTI-FAMILY-12 DISTRICT (RMF-12) WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WiTHiN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO ALLOW UP TO 10,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE .KNOWN AS THE 7 FOOD MART CPUD ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD, NORTH OF GOLDEN GATE PARKWAY "iN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20130001352) A copy of the proposed .Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties: are invited to attend and be heard NOTE: All persons wishing to speak on any agenda item must register:with the County administrator prior to presentation of the agenda item to be "addressed., individual, speakers will be limited to 3 minutes on any item.' The selection of an. individual to speak oh behalf of an organization or group is encouraged. if recognized by tie Chairman, a spokesperson' for a group or organization may allotted 10 minutes to speak on an item. Persons wishing to have written"or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective ppublic hearing, In any case, written materials intended to be considered by the I3Voard shall be submitted to the appropi`iate County staff a minimum of seven days prior° to the public hearing. All material used in presentations before the Board will become a permanent part of the record, Any person who decides to appeal a decision of the Board' will need a record of the proceedings pertaining, thereto and therefore, may need to ensure that a;verbatim record of the proceedings is made, which record includes the testimony and evidence upon the appeal is based if you area person with a disability who,needs' any accommodation in order to participate in this proceeding, you are entitled, at no Cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located aL 3335 Tarnianil Trail East, Building \A Naples, Florida' 34112, (239)252-8380 Assisted listening devices for the hearing impaired are available In •the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA TOM HENNir,J , CHAIRMAN DWIGHT E. BROCK, CLERK 8y: Martha Vergara, Deputy Clerk (SEAL) February .5, 2014, No. 2014839 17B Martha S. Vergara From: Martha S.Vergara Sent: Wednesday,January 29, 2014 2:30 PM To: GundlachNancy (NancyGundlach @colliergov.net); NeetVirginia (VirginiaNeet @colliergov.net);Ashton, Heidi; Rodriguez,Wanda (WandaRodriguez @ colliergov.net) Subject: PUDZ-PL20130001352 - 7-Foodmart CPUD Attachments: UASF16jpg Hello All, Attached is the ad proof from NDN please let me know of any changes needed. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 17B Martha S. Vergara From: Gundlach, Nancy Sent: Wednesday,January 29, 2014 2:35 PM To: Martha S. Vergara; Neet, Virginia; Ashton, Heidi; Rodriguez, Wanda Subject: RE: PUDZ-PL20130001352 - 7-Food mart CPUD Hi Martha, The ad looks good. Sincerely, Nancy Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning &Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach@colliergov.net Original Message From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Wednesday,January 29, 2014 2:30 PM To: GundlachNancy; NeetVirginia; AshtonHeidi; RodriguezWanda Subject: PUDZ-PL20130001352 -7-Foodmart CPUD Hello All, Attached is the ad proof from NDN please let me know of any changes needed. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.com 1 1713 , . This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com, quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 178 Martha S. Vergara From: Neet,Virginia Sent: Friday, January 31, 2014 1:17 PM To: Martha S.Vergara Subject: FW: PUDZ-PL20130001352 - 7-Foodmart CPUD Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066- Fax (239) 252-6600 Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: AshtonHeidi Sent: Friday,January 31, 2014 1:06 PM To: BonhamGail Cc: NeetVirginia Subject: RE: PUDZ-PL20130001352 -7-Foodmart CPUD They should take out the extra "the" to match the ordinance. And then it is good to go. Heidi Ashton-Cicko Heidi Ashton-Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Original Message From: BonhamGail Sent: Friday,January 31, 2014 1:03 PM To: AshtonHeidi Subject: FW: PUDZ-PL20130001352 -7-Foodmart CPUD Importance: High Heidi, Dinny needs your approval on this one also. Gail Bonham, Legal Secretary OFFICE OF THE COUNTY ATTORNEY 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 1 Telephone-239.252.8400 17B gailbonham @colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: BonhamGail Sent: Thursday,January 30, 2014 10:31 AM To: NeetVirginia; AshtonHeidi; RodriguezWanda Subject: RE: PUDZ-PL20130001352 -7-Foodmart CPUD The title is correct except for the "the" on line 15 where it says" for a project to be known as "the" 7-Foodmart CPUD". The ordinance says ".... for a project to be known as 7-Foodmart ..." I don't think that should be a big deal, though. Gail Bonham, Legal Secretary OFFICE OF THE COUNTY ATTORNEY 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Telephone -239.252.8400 gailbonham @colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: NeetVirginia Sent: Thursday,January 30, 2014 8:59 AM To: AshtonHeidi; BonhamGail; RodriguezWanda Subject: FW: PUDZ-PL20130001352 -7-Foodmart CPUD For you approval Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066- Fax (239) 252-6600 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Wednesday,January 29, 2014 2:30 PM To: GundlachNancy; NeetVirginia; AshtonHeidi; RodriguezWanda 2 Subject: PUDZ-PL20130001352 -7-Foodmart CPUD B Hello All, Attached is the ad proof from NDN please let me know of any changes needed. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com, quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 NOTICE OF PURUC HEARING: 7 B Nati,. is hereby given that.an TUESDAY, February 25, 2014, In the Boartiroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiaml Trail, Naples, Florida. the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title dl the proposed Ordinance is 4as follOws: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, AMENDING ORDINANCE NO 2004-41 AS AMENDED. THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OFTHE HEREIN DESCRIBED _ _ _ REAL PROPERTY FROM A RESIDENTIAL MULTI-F-A1v1ILY-12 DISTRICT (RMF-12) _ WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO ALLOW UP TO 10,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS 7-FOOD MART CPUD ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD, NORTH OF GOLDEN GATE PARKWAY IN SECTION. 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNT( FLORIDA; AND BY PROVIDING AN El-i-ECTIVE DATE. (PUDZ-PL20130001352) A copy of the proposed Ordinance is on file with the Clerk to:the Board and is available for inspection. All interested parties:are invited to attend and be heard; NOTE: All persons wishing to speak on any agenda item must registerwith the k A County administrator prior to presentation of the agenda item to be addressed, Individual speakers will be limited to 3 minutes on any item. The selection of an individual i:o speak on behalf of an organization or group is encouraged. If I ecognized by the Chairman, a spokesperson for a group or organization may be allotted 10 mmu-tes to speak on an item. Persons Wishing to have written or graphic materials included in the Board agenda packets Must submit said material a minimum of 3 weeks prior to the respective public hearing, In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven clays prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a recoild of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based, if you are a person with a'disability: who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you to the provision of certain assistance. Please contact the Collier County Facilities Management DepartMerit located at 3335 Tanliarril Trail East, Building VV, Naplks, Florida. 34112, (239)252-8380 Assisted listening devices for the hearing impaired are available In the County Comrnitsioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK ay: Martha Vergara, Deputy Clerk (SEAL) February 5, 2014 No. 2014339 176 Martha S. Vergara From: Gundlach, Nancy Sent: Monday, February 03, 2014 9:01 AM To: Martha S. Vergara Subject: RE: Revised Ad Proof- &-Foodmart CPUD The ad proof looks good, Martha. Nancy Original Message From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Monday, February 03, 2014 8:45 AM To: NeetVirginia; AshtonHeidi; RodriguezWanda; GundlachNancy Subject: Revised Ad Proof-&-Foodmart CPUD Morning all the revision to the ad proof is attached, please let me know ASAP if there are any other changes needed. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com, quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 178 Martha S. Vergara From: Neet, Virginia Sent: Monday, February 03, 2014 10:36 AM To: Martha S.Vergara Subject: FW: Revised Ad Proof- &-Foodmart CPUD Attachments: UAS1B68 jpg Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066- Fax (239) 252-6600 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: AshtonHeidi Sent: Monday, February 03, 2014 10:36 AM To: NeetVirginia Cc: RodriguezWanda Subject: FW: Revised Ad Proof- &-Foodmart CPUD This is good to go. Thanks. Heidi Ashton-Cicko Heidi Ashton-Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Original Message From: NeetVirginia Sent: Monday, February 03, 2014 9:48 AM To: AshtonHeidi; RodriguezWanda Subject: FW: Revised Ad Proof-&-Foodmart CPUD Corrected version needs your approval Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066- Fax(239) 252-6600 1 1 7 B Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Monday, February 03, 2014 8:45 AM To: NeetVirginia; AshtonHeidi; RodriguezWanda; GundlachNancy Subject: Revised Ad Proof-&-Foodmart CPUD Morning all the revision to the ad proof is attached, please let me know ASAP if there are any other changes needed. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com, quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 20 I? 0 (3 S Z 1-Foodmckri chi) NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that on TUESDAY,February 25,2014,in the Boardroom,3rd Floor, Administration Building, Collier County :Government Center, 3299 East Tamiami Trail, Naples, Florida,the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLUER COUNTY,FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL MULTI-FAMILY-12 DISTRICT (RMF-12) WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT(CPUD) ZONING DISTRICT WITHIN THE SANTA BARBARA.COMMERCIAL OVERLAY DISTRICT TO ALLOW UP TO 10,000 SQUARE FEET OF COMMERCIAL,USES FOR A PROJECT TO BE KNOWN AS THE 7-FOODMART CPUD ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD, NORTH OF GOLDEN GATE PARKWAY IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BY PROVIDING AN EFFECTIVE DATE.(PUDZ-PL20130001352) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department,located at 3335 Tamiami Trail East, Building W,Naples,Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TOM HENNING,CHAIRMAN DWIGHT E.BROC*,CLERK By. Martha Vergara,Deputy Clerk • (SEAL) February 5.2014 No.2014839 17 ,B Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News + BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING REFERENCE : 068779 4 5 0 014 6 7 6 9 Notice is hereby given that on TUESDAY,February 25,2014,in the Boardroom,3rd Floor, Administration Building, Collier County Government Center, 3299 East 59738982 NOTICE OF PUBLIC HE Tamiami Trail, Naples,Florida,the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: State of Florida AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS'OF COLLIER AS AMENDED COLLIER COUNTY LAND D DEVELOPMENT CODE,2004-41,WHICH ESTABLISHED. THE THE County of Collier COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF Before the undersigned authority, perSO ORLLIERCO TY,FLOG THE ZONING DINGTFICATIO APPROPRIATE ZONING ATLAS appeared Robin Calabrese, who on oath say REAL PROPERTY FROM A RESIDENTIAL MULTI-FAMILY-12 DISTRICT (RMF-12) PP WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO A she serves as the Advertising Director of THE ANTABARARAECOMMERCAL OVERLAY DISTRICTTOOIALLOWTUP 10.00 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS THE Naples Daily News, a daily newspaper publ 7-FOODMART CPUD ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD, NORTH OF GOLDEN GATE PARKWAY IN SECTION 21, Naples, in Collier County, Florida: that TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY attached copy of advertising was publishE PROVIDING AN EFFECTIVE DATE.(PUDZ-PL20130001352) A copy of the proposed Ordinance is on file with the Clerk to the Board and is newspaper on dates listed. available for inspection.All interested parties are invited to attend and be heard. Affiant further says that the said Nap] co Vie: All persons wishing to speak on any agenda item must register with the d News is a newspaper published at Naples, Individual speakers will be limited to 3tmnuteston anyrtem. The oselectionrof an Collier County, Florida, and that the sa recognzedtby the Chairman,ala spokespe on forte groupror organizatongma be allotted 10 minutes to speak on an item. y newspaper has heretofore been continuous] Persons wishing to have written or graphic materials included in the Board agenda published in said Collier County, Floridc packets must submit said material a minimum of 3 weeks prior to the, resppective day and has been entered as second class Board shallrlbe submitted to the written appropriate County staff a minimum of seven days matter at the post office in Naples, in will becomeapebmanentrpatoftlherecordl used in presentations before the Board Collier County, Florida, for a period Of Any person who decides to appeal a decision of the Board will need a record of the preceding publication evidendo son w lining thereto and therefore, may need to ensure that a verbatim next recedin the first ublication of t reiord oponewhioceediappealisbase, which record includes the testimony and attached copy of advertisement; and affix If you are a ayi a at person with a disability who needs any accommodation in order to further says that he has neither paid no] p P e ina this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management promised any person, firm or corporation Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted 9 P listening devices for the hearing impaired are available in discount, rebate, commission or refund f< tnecountyeammissioners Office. purpose of securing this advertisement f< BOARD OF COUNTY COMMISSIONERS publication in the said newspaper. COLLIER COUNTY,FLORIDA TOM HENNING,CHAIRMAN PUBLISHED ON: 02/05 DWIGHT E.BROOK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) •February 5 2014 — - AD SPACE: 98 LINE FILED ON: 02/05/14 1 + ......zw; Signature of Affiant • / , iku, Sworn to and Subscribed bcFore - day of 20±q r Personally known by me i ' t a 4Y n p'_ ✓"r +t 1.s MY C0MM;Sc,'H)N D EE 851758 - ��, Q EXPIfES.Noveinblsr 28,2014 In h,s. Bonded Thnl Pichard Insurance Agency • ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office Office HrAC- Jf1i 2. BCC O Ice Board of County , ,� r j Z`Z�,� Commissioners V N 3. Minutes and Records Clerk of Court's Office -1)(Y\ 212-r[64 (0:044M M 4. 5. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information Name of Primary Staff Nancy Gundlach Phone Number (239)252 484 Contact/ Department j Agenda Date Item was February 25,2014 V Agenda Item Number 17 B. Approved by the BCC Type of Document Ordinance Number of Original 1 Attached 2tI14-■•b(o Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N.G. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's N.G. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N.G. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 25,2014 and all changes made N.G. during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for th- Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 178 MEMORANDUM Date: February 27, 2014 To: Nancy Gundlach, Principal Planner Comprehensive Planning - GMD From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2014-06 Attached for your records is a copy of the document referenced above, (Item #17B), that was adopted by the Board of County Commissioners on February 25, 2014. The Minutes and Record's Department has held the original for the Board's Official Record. If you have any questions, please feel free to call me at 252-8411. Thank you. Attachment 178 MEMORANDUM Date: February 27, 2014 To: Ernie Kerskie, Director Office of the Property Appraiser From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinances 2014-006 and 2014-007 Attached for your records is a copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, February 25, 2014. If you have any questions, please contact me at 252-8411. Thank you. Attachment 176 Teresa L. Cannon To: countyordinances @dos.myflorida.com Subject: CLL Ordinance 2014-006 Attachments: CLL20140225_Ordinance2014_006.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT BOARD MINUTES& RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY:COLLIER(CLL) ORDINANCE NUMBER: 2014-006 Teresa L. Cannon, BMR Senior Clerk Minutes and Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 178 Teresa L. Cannon From: County Ordinances <CountyOrdinances @dos.myflorida.com> Sent: Thursday, February 27, 2014 4:03 PM To: Teresa L. Cannon Cc: County Ordinances Subject: RE: CLL Ordinance 2014-006 Attachments: Collier20140225_Ordinancel4_006_Ack.pdf From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent:Thursday, February 27, 2014 4:00 PM To: County Ordinances Subject: CLL Ordinance 2014-006 SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT BOARD MINUTES&RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY:COLLIER(CLL) ORDINANCE NUMBER: 2014-006 Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s).It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County.If you have received this communication in error, please notify the Clerk's Office by emailing helodesk @collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. r_i ItsWorkingFL The Department of State is committed to excellence. Please take our Customer Satisfaction Survey. 1 17B . ORDINANCE NO. 14- 0 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL MULTI- FAMILY-12 DISTRICT (RMF-12) WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO ALLOW UP TO 10,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS 7- FOODMART CPUD ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD, NORTH OF GOLDEN GATE PARKWAY IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20130001352) WHEREAS, Tim Hancock of Davidson Engineering, Inc. representing the petitioner, Deonarine Enterprise "Inc.", petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 21, Township 49 South, Range 26 East, Collier County, Florida is changed from a Residential Multi- Family-12 District (RMF-12) within the Santa Barbara Commercial Overlay District to a Commercial Planned Unit Development (CPUD) within the Santa Barbara Commercial Overlay District for a project to be known as 7-Foodmart CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. 7-FOODMART -PUDZ-PL20130001352 Page 1 of 2 Rev. 1/07/14 179 PASSED AND DULY ADOPTED by su er-majority vote of the Board of County Commissioners of Collier County, Florida, this c day of reb nal 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY FLORIDA B '- ..4,4suit-I.V, • PIS297k----- / . ;;' @St at to 077 t.rk TOM HENNING, C k.irman , ignature ani Approved-A.S..to form and legality: f_ 6,4, _ Lk, ,Acc,;,, Heidi Ashton-Ao ,� Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B —Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—Development Commitments CP\13-CPS-0125\43 This ordiricinc fti":'d wi*h the S cnttary of State':; Off t� day of , - `a`- and ackrowiedcerrent that Mini received this C day of -- qty �y Deputy Clerk 7-FOODMART - PUDZ-PL20130001352 Page 2 of 2 Rev. 1/07/14 0 1713 EXHIBIT A PERMITTED USES: The 7-Foodmart Commercial Planned Unit Development (CPUD) is allowed a maximum of 10,000 square feet of gross floor area of limited commercial uses consisting of retail, service and/or office uses. Permitted Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following primary uses: A. Principal Uses 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Amusement and recreation services (7999, bicycle and moped rental only). 5. Animal specialty services, except veterinary (0752, dog grooming and pedigree record services only) excluding outside kenneling. 6. Apparel and accessory stores (5611-5699). 7. Architectural services (8712). 8. Auditing (8721). 9. Auto and home supply stores (5531). 10. Banks, credit unions and trusts (6011-6099). 11. Barber shops (7241). 12. Beauty shops (7231). 13. Bookkeeping services (8721). 14. Business associations (8611). 15. Business consulting services (8748). Page 1 of 11 fi 'lI..>i:`ii ,i 24E1lliP.i _•:. )0i CA 176 } 16. Business credit institutions (6153-6159). 17. Child day care services (8351). 18. Civic, social and fraternal associations (8641). 19. Commercial art and graphic design (7336). 20. Commercial photography (7335). 21. Computer and computer software stores (5734). 22. Computer programming, data processing and other services (7371-7379). 23. Credit reporting services (7323). 24. Dance studios, schools and halls, (7911). 25. Department stores (5311). 26. Direct mail advertising services (7331). 27. Drug stores (5912). 28. Eating places (5812, except contract feeding, dinner theaters, food service - institutional, industrial feeding). 29. Educational services. 30. Electrical and electronic repair shops, miscellaneous (7629 - except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines). 31. Engineering services (8711). 32. Federal and federally-sponsored credit agencies (6111). 33. Food stores (5411 - except supermarkets, 5421-5499). 34. Funeral service (7261). 35. Garment pressing, and agents for laundries and drycleaners (7212). 36. General merchandise stores (5331-5399). 37. Glass stores (5231). ( I'C I) I'i 1)f-P1 O1 IF I) I'>t,t:uoticrtt Page 2 of 11. cA 178 38. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04 of the LDC 39. Hardware stores (5251). 40. Health services, offices and clinics (8011-8049) 41. Home furniture and furnishings stores (5713-5719). 42. Home health care services (8082). 43. Insurance carriers, agents and brokers (6311-6399, 6411). 44. Labor unions (8631). 45. Landscape architects, consulting and planning (0781). 46. Laundries and dry cleaning(7215). 47. Legal services (8111). 48. Loan brokers (6163). 49. Management services (8741, 8742). 50. Membership organizations, miscellaneous (8699). 51. Mortgage bankers and loan correspondents (6162). 52. Museums and art galleries (8412). 53. Musical instrument stores (5736). 54. Paint stores (5231). 55. Personal credit institutions (6141). 56. Personnel supply services (7361 & 7363). 57. Photocopying and duplicating services (7334). 58. Photofinishing laboratories (7384). 59. Photographic studios (7221). H Page 3 of 11 .'_1 ?anuao, 2f,1 cA 176 60. Physical fitness facilities (7991). 61. Political organizations (8651). 62. Professional membership organizations (8621). 63. Public administration (9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 64. Public relations services (8743). 65. Radio, television and consumer electronics stores (5731). 66. Radio, television and publishers advertising representatives (7313). 67. Real estate (6521-6541). 68. Record and prerecorded tape stores (5735). 69. Religious organizations (8661). 70. Retail services, miscellaneous (5912, 5942-5961, 5992-5999). 71. Retail nurseries, lawn and garden supply stores (5261). 72. Secretarial and court reporting services (7338). 73. Security and commodity brokers, dealer, exchanges and services (6211-6289). 74. Shoe repair shops and shoeshine parlors (7251). 75. Social services, individual and family (8322 - activity centers, elderly or handicapped; adult day care centers; and, day care centers, adult and handicapped only). 76. Social services, not elsewhere classified (8399). 77. Surveying services (8713). 78. Tax return preparation services (7291). 79. United State Postal Service (4311 except major distribution center.) 80. Veterinary services (0742 veterinarian's office only, excluding outdoor kenneling.) 81. Videotape rental (7841, excluding adult oriented stores.) 82. Wallpaper stores (5231). I< to-t t PUI)1'LI)/-f'[-?471 I )1,E I Page I of 11 fet;; tiui. alit€7;11"% 7. ;'014 c,� 17B 83. Watch, clock and jewelry repair(7631). 84. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Prohibited Uses I. Gasoline service stations (5541) or any gasoline sales. ci”,(2 5 of 11 i ;: 4k;i •. 3 ,ti 't} 178 EXHIBIT B DEVELOPMENT STANDARDS: TABLE I COMMERCIAL DEVELOPMENT STANDARDS Table I below sets forth the development standards for commercial land uses within the proposed Commercial Planned Unit Development (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-2 zoning. PRINCIPAL USE ACCESSORY USE MINIMUM LOT AREA 43,560 square feet N/A MINIMUM LOT WIDTH 100 feet N/A MINIMUM FLOOR AREA 1,000 square feet (ground N/A floor) MAXIMUM FLOOR AREA RATIO N/A PUD SETBACK REQUIREMENTS MINIMUM BUILDING SETBACK 25 feet S.P.S. (FROM SANTA BARBARA BOULEVARD) MINIMUM BUILDING SETBACK (FROM NORTH BOUNDARY&SOUTH 15 feet 10 feet BOUNDARY) MINIMUM BUILDING SETBACK 15 feet 10 feet (FROM TROPICAL WAY ALLEY) MINIMUM DISTANCE BETWEEN 10 feet 0 feet(principal to STRUCTURES accessory) MAXIMUM BUILDING HEIGHT • Zoned: 35 feet/2-stories 25 feet. • Actual: 42 feet/2-stories 32 feet Note: Permanent accessory structures, such as dumpster enclosures, shall not be permitted in the drainage and utility easement. If said easement ceases to exist, setback will occur from the right-of-way, alley or adjacent property line. S.P.S = Same and Principal Structure — I a=,)(1: WI! P( I) P( 1)/-P1?01?-13 2: 1'1 ) i}i}t, ::ir;tri( Page 6 of 11 R,‘ i e1 i a ua rl' '. '01 1 Cq ,.....a.sa 3,w .3. 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V;_‘‘.) a p W ui .,8.,3dA1.0'S l a m I mow zxxm g Fm N w F a o a rW N LT, 2 2 V-a x z I¢ O W 4 Y o x Zm 0 m o0000 > Q OQ ° tOm GN 0V 0 ° x W U !n w m W W>b co w O a H F v D- LL 8 ¢ W) z - Q I u Q H Z 2 m H 0 0 ON 0Q 0 o Z z 2 p ° W o o < < Fc- F- I _ / o a g ° 0_ p Z " m z w 5 oo wm W 9 Z ❑ O LLJJ < ( 0 N- N - ] Z Z 2 w J 2 7 g (Y m 0 Q0 > ° Z 2 ❑ j W s a z z z W O ? Q > 0 0 0 w 0 m 2 z z z 0 a_ m ¢ ❑ 0 178 EXHIBIT D LEGAL DESCRIPTION: LOT 7, 8 AND 9, BLOCK 189 OF GOLDEN GATE, UNIT 6 A SUBDIVISION AS RECORDED IN PLAT 5, PAGE 124 THROUGH 134 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1'(.i) ..ittlilcrr;i Page 8 0111. R;:v d January . 20 I 0 1 70 EXHIBIT E DEVIATIONS: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. 1. Deviation #1 seeks relief from LDC Section 5.05.08 C.9.b., "Freestanding Building within a PUD," which requires all façades for freestanding structures within a PUD to be treated as a primary façade, except for secondary facades, to require only the façade facing Santa Barbara Boulevard to be treated as a primary facade. 2. Deviation #2 seeks relief from LDC section 5.03.02 H., "Wall Requirement between Residential and Non-residential Development," which requires a masonry wall, concrete or pre-fabricated concrete wall and/or fence to be constructed on a non-residential property when it lies contiguous to or opposite a residentially zoned district, to instead allow a Type "B" buffer inclusive of a 6-foot high hedge consistent with LDC section 4.06.02 C.2. where residential zoning occurs on the north and south perimeter boundaries of the subject property. 3. Deviation #3 seeks relief from LDC section 4.06.02 C.4., "Alternative D Landscape Buffer," which requires a 15-foot wide Type "D" landscape buffer when the ultimate right-of-way is 100 or more feet, to instead provide a 10-foot wide Type "D" buffer along Santa Barbara Boulevard. 4. Deviation #4 seeks relief from LDC section 4.06.02 C.2., "Alternative B Landscape Buffer", as well as LDC section 5.03.04 A.2., specifying dumpster enclosures not to encroach into the required landscape buffer area, to instead allow the dumpster enclosure to be located as shown on the MCP and to provide a 5-foot wide buffer with the same planting materials required of a Type `B' Buffer on the west side of the dumpster enclosure, as also shown on the Master Plan. 1'a.3E,9 of 11 42, 178 EXHIBIT F DEVELOPMENT COMMITMENTS: PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. ENVIRONMENTAL Subject to a native vegetation tree survey performed on the subject property, 37 trees were found to be consistent with native vegetation requirements. 10% of said trees shall be retained, relocated or provided on site per Section 3.05.07.A.2 of the LDC as part of the required perimeter landscaping or elsewhere on-site. OUTDOOR LIGHTING All outdoor lighting shall be limited to 15 feet in height except for code required arterial level street lighting at the project entrance on Santa Barbara Boulevard. All lighting shall be designed to shield streets and all adjacent properties from direct glare and excessive light. TRANSPORTATION The development of the land within this PUD shall be subject to and governed by the following conditions: 1. The developer will restrict the Santa Barbara Boulevard driveway to preclude trucks from entering or exiting. All trucks, including waste management and delivery trucks, shall be guided to use the service alley behind the development as a primary means of accessing the site. Signage at the entrance on Santa Barbara Boulevard will be installed directing deliveries to Tropical Way. Deliveries will be made by vehicles no larger than a `box truck'. Full size Tractor Trailers shall not make business deliveries via Tropical Way.No vehicles shall park on Tropical Way to make deliveries. 2. At the time of PUD approval, the future of Santa Barbara Boulevard is planned by the County to be four lanes, and the potential for a full or directional median opening is not currently determined. The owner acknowledges that installation of a full or directional median opening serving this development or the installation of a raised median shall be at the sole discretion of Collier County for the future design. If the developer elects to pursue a full or directional median opening during the future four-lane design, then the Developer agrees to do so at his own risk and cost (costs shall include design, permitting, and if approved by Collier County, construction). If a Southbound left turn lane is constructed by the County to serve this development, the owner agrees to reimburse the County for the aforementioned design, permitting, and construction costs at an equal value to what the County has paid for these services. 13 1} Page 10 of "11. . d; ti t t' '01-1 0 178 3. Should the developer wish to retain the existing median opening with intent to serve his site, then the design and construction a southbound left turn lane shall be at the expense of the developer. If the left turn lane is not desired and or required by the developer at this time, then signs and/or median restrictions prohibiting the Southbound left-turn movements shall be installed in the right-of-way per MUTCD and FDOT standards to promote safe traffic movements as part of the first SDP application on this site. 4. Notwithstanding the commitments in paragraph 2 and 3, the County reserves the right to close or modify the median openings at any time in its sole discretion. 5. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed the summarized PM Peak Hour, two way trips as shown below: a. For a maximum of 10,000 SF, 262 PM Peak Hour, two way trips. MISCELLANEOUS 1. Hours of operation shall be limited to 6am to 1 1pm. 2. The required privacy wall adjacent to residential zoning shall be 6 feet in height. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Deonarine Enterprise, "Inc." Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD are closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Page 11 et I1 ; ,ar 7 CA-7) I 7B � t rgtjp qq.[ lttx,• FLORIDA DEPARTMENT UPSTATE RICK SCOTT KEN DETZNER Governor Secretary of State February 27, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-06, which was filed in this office on February 27, 2014. Sincerely, Liz Cloud Program Administrator LC/elr Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us