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Backup Documents 01/12/2016 Item # 9A COLLIER COUNTY FLORIDA /1 REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 9 To:Clerk to the Board: Please place the following as a: x Normal Legal Advertisement Other: (Display Adv., Location,etc.) Originating Dept/Div: GMD/Zoning. Person: Eric Johnson, Principal Planner Date: December 15, 2015 Petition No.(If none,give a brief description): PL20150000178 Petitioner: (Name&Address): Davidson Engineering, Inc. Frederick Hood,AICP,Senior Planner 4365 Radio Road-Suite 201 Naples, FL 34104 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Tuesday, January 12,2016, (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.4500161942 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 for advertising costs: 131-138326-649100-00000 Reviewed By: Date: Division Administrator 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. FOR CLERK'S OFFICE f i Date Received (2 l Date of Public Hearing I 1�-I )5 Date Advertised (2.1 1 I S NOTICE OF PUBLIC HEARING g A NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday,January 12, 2016, 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: The purpose of the hearing is to consider: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 95-33, the Briarwood PUD, as amended, to add private clubs and private parking garages, and associated required features, as a principal use in Tracts B &C: Community Commercial, to add minimum standards for the Private Clubs and Private Parking Garages principal use, to increase the maximum footprint of all structures for the Private Clubs and Private Parking Garages principal use in Tracts B & C: Community Commercial from 20% of the commercial land area to 27%, or 188,062 square feet, of the commercial land area, to limit the maximum square footage of all structures for the Private Clubs and Private Parking Garages principal use in Tracts B &C: community commercial to 40%, or 278,610 square feet, of the commercial land area which comprises 188,062 square feet of the building footprint on the ground level and an additional 90,548 square feet of mezzanine areas, to add a deviation allowing an alternative landscape buffer along Livingston Road and Radio Road, to add a deviation allowing the required 8-foot wall at the top of a berm instead of being located at ground level, to add a deviation to eliminate the requirement for terminal landscaped islands adjacent to parking areas within individual driveways, to add a new alternative landscaping exhibit for Livingston Road and Radio Road, and to add a new conceptual master plan for the Private Clubs and Private Parking Garages principal use, for the PUD property consisting of 209.17±acres located on the east side of Livingston Road, north of Radio Road, in Section 31, Township 49 South, Range 26 East, Collier County, Florida; and by providing an effective date. [PUDA-PL20150000178] 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 3 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 Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk (SEAL) 9A ORDINANCE NO. 16 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 95-33, THE BRIARWOOD PUD, AS AMENDED, TO ADD PRIVATE CLUBS AND PRIVATE PARKING GARAGES, AND ASSOCIATED REQUIRED FEATURES, AS A PRINCIPAL USE IN TRACTS B & C: COMMUNITY COMMERCIAL, TO ADD MINIMUM STANDARDS FOR THE PRIVATE CLUBS AND PRIVATE PARKING GARAGES PRINCIPAL USE, TO INCREASE THE MAXIMUM FOOTPRINT OF ALL STRUCTURES FOR THE PRIVATE CLUBS AND PRIVATE PARKING GARAGES PRINCIPAL USE IN TRACTS B & C: COMMUNITY COMMERCIAL FROM 20% OF THE COMMERCIAL LAND AREA TO 27%, OR 188,062 SQUARE FEET, OF THE COMMERCIAL LAND AREA, TO LIMIT THE MAXIMUM SQUARE FOOTAGE OF ALL STRUCTURES FOR THE PRIVATE CLUBS AND PRIVATE PARKING GARAGES PRINCIPAL USE IN TRACTS B & C: COMMUNITY COMMERCIAL 1'0 40%, OR 278,610 SQUARE FEET, OF THE COMMERCIAL LAND AREA WHICH COMPRISES 188,062 SQUARE FEET OF THE BUILDING FOOTPRINT ON THE GROUND LEVEL AND AN ADDITIONAL 90,548 SQUARE FEET OF MEZZANINE AREAS, TO ADD A DEVIATION ALLOWING AN ALTERNATIVE LANDSCAPE BUFFER ALONG LIVINGSTON ROAD AND RADIO ROAD, TO ADD A DEVIATION ALLOWING THE REQUIRED 8-FOOT WALL AT THE TOP OF A BERM INSTEAD OF BEING LOCATED AT GROUND LEVEL, TO ADD A DEVIATION TO ELIMINATE THE REQUIREMENT FOR TERMINAL LANDSCAPED ISLANDS ADJACENT TO PARKING AREAS WITHIN INDIVIDUAL DRIVEWAYS, TO ADD A NEW ALTERNATIVE LANDSCAPING EXHIBIT FOR LIVINGSTON ROAD AND RADIO ROAD, AND TO ADD A NEW CONCEPTUAL MASTER PLAN FOR THE PRIVATE CLUBS AND PRIVATE PARKING GARAGES PRINCIPAL USE, FOR. THE PUD PROPERTY CONSISTING OF 209.17± ACRES LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, NORTH OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-PL201500001781 WHEREAS, on April 25, 1995, the Board of County Commissioners approved Ordinance No. 95-33, the Briarwood Planned Unit Development, in accordance with the Planned Unit Development document attached thereto (the "PUD Document"); and Briarwood PtiC)(Premier Auto Suites) 12/17/15 Words struck through are deleted, words underlined are added. Page 1 of 10 Qy 9A WHEREAS, Frederick E. Hood, AICP, of Davidson Engineering, Inc., representing Premier Auto Suites of Naples, LLC, has petitioned the Board of County Commissioners to amend Ordinance No. 95-33, the Briarwood Planned Unit Development, and the PUD Document. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENTS TO PAGE ii, LIST OF EXHIBITS, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95-33, THE BRIARWOOD PUD Page ii, entitled "List of Exhibits," of the PUD Document attached as Exhibit A to Ordinance No. 95-33, is hereby amended as follows: LIST OF EXHIBITS EXHIBIT A Briarwood Development PUD Master Plan EXHIBIT B Community Commercial Conceptual Master Plan for Principal Use#14 EXHIBIT C Community Commercial Alternative Landscaping Cross- Sections and Elevations for Principal Use #14 SECTION TWO: AMENDMENTS TO SECTION VI, TRACT B & C: COMMUNITY COMMERCIAL, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95-33, THE BRIARWOOD PUD Section VI, entitled "Tract B & C: Community Commercial," of the PUD Document attached to Ordinance No. 95-33, is hereby amended as follows: Sriaru(,d PUD(Premier Auto Suiles) 12/17/15 Words struck stfueli-threugh are deleted, words underlined are added. Page 2 of 10 qua;: 9A * * * * * * * * * * * * * 6.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: * * * * * * * * * * * * (12) Tailoring, millinery, garment alteration, and repair. (13) Museums. (14) Private Clubs and Private Parking Garages (consistent with Exhibit B). • The following features shall be provided and key to the development of Principal Use #14 as a private club: a. Common areas and amenities generally associated with the principal use, including but not limited to a clubhouse and its associated parking. b. Indoor recreation spaces (e.g., for pool tables, card tables and other game tables, video gaming systems and exercise equipment), personal office space and bathrooms within individual units. * * * * * * * * * * * * * 6.3 REGULATIONS * * * * * * * * * * * * 6.3.6 Maximum Floor Area: A. Principal Use#14: i. The footprint of structures for Principal Use #14 shall be limited to a maximum of 188,062 square feet or twenty- seven percent (27%) of the Commercial land area. ii. Mezzanine areas shall be contained wholly within the individual units for Principal Use #14, and may add up to an additional 90,548 square feet. The total footprint of all Principal Use #14 structures, including the mezzanine areas contained therein, shall never exceed 188,062 square feet or twenty-seven percent (27%) of the surface IJriurmood PIA)(Premier Auto Suites) 12%17;15 Words struck ough are deleted, words underlined are added. Page 3 of 10 9A area of the Commercial Land Area. The total square footage of all Principal Use #14 structures, plus the mezzanine areas wholly contained therein, shall never exceed 278,610 square feet or forty-percent (40%) of the Commercial land area. B. All other Principal Uses (other than Principal Use #14): Twenty percent (20%) Commercial land area on tracts other than tracts related to Principal Use #14. C. Any lands not utilized for Principal Use #14 shall be developed at a maximum of twenty percent (20%) Commercial land area remaining. 6.3.7 Additional Standards for Principal Use # j141, Private Clubs and Private Parking Garages. A. Principal Use#14 shall be limited to a maximum of 148 units. B. Principal Use #14 shall be limited to, and comprised of, one (1) singular private club. C. Private Club membership shall be directly tied to ownership of a unit. Principal Use #14 shall provide membership to no more than 10 individuals per unit with an overall maximum of 1,480 individuals. The use shall be by members only and will not be open to the general public. U. The use shall be for the parking of boats and personal watercraft, vehicles, recreational vehicles, and motorcycles. Flushing of vessels or motors shall not be permitted between the hours of 8 p.m. and 6 a.m. E. No semi-trailer trucks shall be allowed to access the site between the hours of 8 p.m. and 6 a.m. F. All guests must be accompanied by a club member. G. The maximum occupant load of each unit is ten (10) at any time. If the units are combined, the maximum load will reflect the maximum for individual units combined. I1. All doors shall remain closed when unit is occupied. 1. Units are not permitted to provide general storage of household goods not associated with the private club with private garage use. Brian rood PUL)(Premier Auto States) 12.17/15 Words stfuek4hreugh are deleted, words underlined are added. Page 4 of 10 9A J. Units shall not accommodate bedrooms, sleeping facilities/accommodations, guest quarters/guest suites, short or long-term habitation, or for overnight stays. K. Units shall not be utilized as dwellings, places of business, or live- work units, and members shall not be granted business or occupational licenses for their unit(s). L. No vehicle repair or detailing outside of individual units or in the common areas of the development is permitted. M. Minor and routine vehicle maintenance is allowed within each unit by the unit owner. All doors of individual units shall remain closed while any maintenance is performed. N. Individual units shall be limited to a maximum of eight (8) vehicles/vessels, including any vehicles/vessels parked on lifts or parking as required pursuant to Section 6.3.7.0 of this document. No more than two (2) lifts per unit shall be permitted. Each lift may accommodate one vehicle/vessel. If units are combined, the maximum number of vehicles/vessels and lifts will reflect the maximum for each unit combined. 0. Each unit shall provide two (2) parking spaces per unit. One (1) of the two (2) spaces shall be provided in the unit's driveway. The additional required parking space may be provided within the individual unit. Parking spaces located in driveways of individual units shall be provided in an area at least twenty-three (23) feet from edge of pavement for 90 degree parking. Where parallel parking is proposed, 15-foot setback shall be required from the edge of pavement to the principal structure. Building #13 (Clubhouse per Exhibit B) shall provide parking at a ratio of 1 space/200 square feet. P. An eight (8) foot high masonry or concrete wall meeting L.DC material design standards shall be provided along the perimeter of this development at the top of berm adjacent to Briarwood residential uses. The top of the buffer wall, the location of which is depicted in Exhibit B, shall be no greater than eleven (l l) feet in height above the existing grade of the adjacent properties, measured at the shared property line. This wall shall be painted on both sides. A Type B landscape buffer in compliance with LDC Section 4.06.02 C.2 standards shall be located on the residential side of the wall. Retained native vegetation within this buffer may be used to meet the landscape buffer plant requirements. See Deviation#2. Briana ood PUOO(Premier 4u/o Suites) 12/17/15 Words S4fue-k-thfettgh are deleted, words underlined are added. Page 5of10 r 1 ) 9A Q Exterior security lighting shall be provided on each structure. All exterior lighting shall be shielded from residential areas to avoid glare and shall be placed no higher than eight (8) feet above finished grade. R. No outdoor or amplified sound systems are allowed. S. Ten (10) mph speed limit signs shall be posted at both entrances and every one hundred (100) feet along all drive lanes within the development. The speed limit signs shall also note that engine revving is not allowed. I The stabilized sub-grade pathway identified on Exhibit B shall be for the use of emergency vehicle access only. U. Mezzanines accommodating private club recreation lounges shall be provided within each unit, and shall equate to not less than twenty-five percent, nor more than forty-nine percent (25-49%) of the ground floor area of the individual unit. V. At a minimum, the following shall be provided for the overall development of Principal Use #14: • Gate controlled access at each access point • 24-hour video surveillance internal to the development and at the perimeter of the development • Utility connections to each structure W. At a minimum, the following shall be provided in each individual unit: • Utility connections • Smoke detectors and fire sprinklers • Individual roof mounted central air conditioning units • Each unit shall have air conditioning controls devices • Private water closet • Mezzanine with safety railing and associated stairwell • Overhead lighting • Finished and/or treated wall and floor surfaces X. No recreational activities or amenities shall be allowed on the roof. Rooftop uses shall be limited to mechanical equipment only. Activities related to cleaning and maintenance (of the roof and/or rooftop mechanical equipment)are permitted. lIrianrood IT'D(Premier Auto Suites) 12/17/15 Words l are deleted, words underlined are added. Page 6of10 ,� 9A Y. No balconies shall be allowed. Z. No special events shall be allowed. AA. Emergency access surface, as provided for in Exhibit B, shall be turf stone or geo web pervious materials. BB. Development of Principal Use #14 shall commence with structures and improvements identified in Exhibit B as Phase 1. Phase 2 development may run concurrently with Phase 1. * * * * * * * * * * * * * SECTION THREE: AMENDMENTS TO SECTION VII, DEVELOPMENT STANDARDS,OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95-33,THE BRIARWOOD PUD Section VII, entitled "Development Standards," of the PUD Document attached to Ordinance No. 95-33, is hereby amended as follows: * * * * * * * * * * * * * 7.22 PERMITTING A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. * * * * * * * * * * * * * SECTION FOUR: AMENDMENTS TO SECTION VIII, LANDSCAPE DEVELOPMENT, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95-33,THE BRIARWOOD PUD Section VIII, entitled "Landscape Development," of the PUD Document attached to Ordinance No. 95-33, is hereby amended as follows: Brian rood f'{11)(Premre r Auto Suites) 12'17/15 Words st ck-Meth are deleted, words underlined are added. Page 7ofl0 9A 8.3 LANDSCAPE DEVELOPMENT 8.3.1 Single Family Dwelling Sites: With the exception of platted portions of Unit One and Unit Two, all future single family development areas shall be in compliance with Division 2.4 of the Collier County Land Development Code. 8.3.2 Multi-Family, Streets and Right-of-Way and Commercial: (to include Tracts A, B and C) All landscaping for multi-family, and commercial tracts and streets and right-of-ways shall be in accordance with Division 2.4 of the Collier County Land Development Code. Deviation #1: A deviation from LDC Section 4.06.02 C.4.b, requiring a continuous three (3) gallon double row hedge spaced three (3) feet on center of at least twenty-four (24) inches in height at the time of planting and attaining a minimum of three (3) feet height within one (1)year where vehicular areas are adjacent to the road right-of-way is requested. In lieu of this requirement, the developer shall provide additional trees that will collectively total double the minimum number of trees required amount of trees prescribed by the LDC along Livingston Road and Radio Road, as prescribed by the LDC. Where the additional trees are planted in clusters of three trees or more, there shall be a maximum of a 60-foot gap between the clusters. Where a hedge is planted along Livingston Road and Radio Road, the placement of these shrubs shall be planted (3) feet on center in minimum 60-foot lengths with a maximum of 30-foot breaks in continuity. Deviation #2: A deviation from LDC Section 5.03.02 F.1.a & b which require that the height of a fence or wall shall be measured from the ground level at the fence or wall location, to instead require the developer to provide the proposed eight (8) foot wall at the top of the berm adjacent to existing residential units within the Briarwood PUD where the top of the wall shall not exceed eleven (11) feet as measured above the existing ground level of the adjacent property. The alternative wall location shall accompany SI)P construction drawings for review and approval. Deviation #3: A deviation from LDC Section 4.06.03 B.3 which requires curbed landscape islands for all rows of parking spaces in all development with the exception of single-family, two-family, mobile home dwelling unit, public utility ancillary system, and dwellings on individually platted lots, to instead require no terminal landscaped islands adjacent to parking areas within individual driveways in order to accommodate and maximize the required parking for each unit. Briarivnod Pill)(Premier,4ut<'i.5'reiioj 12/17/15 Words struck thr-ough are deleted, words underlined are added. Page 8 of 10 9A SECTION FIVE: ADDITION OF EXHIBIT B, COMMUNITY COMMERCIAL CONCEPTUAL MASTER PLAN FOR PRINCIPAL USE #14, AND EXHIBIT C, COMMUNITY COMMERICAL ALTERNATIVE LANDSCAPING CROSS-SECTIONS AND ELEVATIONS FOR PRINCIPAL USE #14, TO THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 95-33, THE BRIARWOOD PUD Exhibit B, Community Commercial Conceptual Master Plan for Principal Use #14, and Exhibit C, Community Commercial Alternative Landscaping Cross-Sections and Elevations for Principal Use #14, attached hereto and incorporated by reference herein, are hereby added to the PUD Document attached to Ordinance No. 95-33. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of ,2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COL,L,IER COUNTY, FLORIDA By: _ By: , Deputy Clerk , Chair_ Approved as to form and legality: ia/ri/►s Scott A. Stone Assistant County Attorney Attachments: Brianrood PUG)(Premier Auto Suites) 12/17/15 Words struek4hrough are deleted, words underlined are added. Page 9 of 10 9A EXHIBIT B: Community Commercial Conceptual Master Plan for Principal Use #14 EXI-IIBIT C: Community Commercial Alternative Landscaping Cross- Sections and Elevations for Principal Use 414 Bnonvood P('U(Premier Auto States) 12/17/15 Words stalk-alt are deleted,words underlined are added. Page 10 of 10 9A 01.031610.,IV,ON, i \; cr.:47A r 4.1.1 9•47■02 .• - __--- . 2 ,',•t--- __ I Mah COI"!len V.muNt ISA ow, ID.3..3."1 VN 9Nmz 3d.inti3OVOWt./V1 -.:,14 0:MAI'1 --1-.te.'i T ' . tV1 1/ I.1 i 1 i i , '-'..—,,,,, : .k\ -.N...% tl, 1. . _ _ A r I I 1 ,—,''' .*,0 low,ens a4z,viv,s .. - i— . . \ II H ' ! ''''''1—Sii ONK11!(10 ' .....,.: , \\ i gt ,2.- .,,ONIC1!119 i C150,301,44 , , , \\ . . 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X ' rTi . i ■ . , • . ,, • •i :,-44- ` 1 illi II C) I., IIAI1i ,I Premier Auto &Lute:5 or Naple6 I, ...,,,, '11 itflti1 '1 0 , l'II i rifi ' -,..----tyr -mt I'' I II ' 4...,44.... 9A Acct #068779 December 15, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDA-PL20150000178, Briarwood Dear Legals: Please advertise the above referenced notice on Wednesday, December 23, 2015 and send duplicate Affidavits of Publication, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500161942 NOTICE OF PUBLIC HEARING 9 A NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, January 12, 2016, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, 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: The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 95-33, THE BRIARWOOD PUD, AS AMENDED, TO ADD PRIVATE CLUBS AND PRIVATE PARKING GARAGES, AND ASSOCIATED REQUIRED FEATURES, AS A PRINCIPAL USE IN TRACTS B & C: COMMUNITY COMMERCIAL, TO ADD MINIMUM STANDARDS FOR THE PRIVATE CLUBS AND PRIVATE PARKING GARAGES PRINCIPAL USE, TO INCREASE THE MAXIMUM FOOTPRINT OF ALL STRUCTURES FOR THE PRIVATE CLUBS AND PRIVATE PARKING GARAGES PRINCIPAL USE IN TRACTS B & C: COMMUNITY COMMERCIAL FROM 20% OF THE COMMERCIAL LAND AREA TO 27%, OR 188,062 SQUARE FEET, OF THE COMMERCIAL LAND AREA, TO LIMIT THE MAXIMUM SQUARE FOOTAGE OF ALL STRUCTURES FOR THE PRIVATE CLUBS AND PRIVATE PARKING GARAGES PRINCIPAL USE IN TRACTS B & C: COMMUNITY COMMERCIAL TO 40%, OR 278,610 SQUARE FEET, OF THE COMMERCIAL LAND AREA WHICH COMPRISES 188,062 SQUARE FEET OF THE BUILDING FOOTPRINT ON THE GROUND LEVEL AND AN ADDITIONAL 90,548 SQUARE FEET OF MEZZANINE AREAS, TO ADD A DEVIATION ALLOWING AN ALTERNATIVE LANDSCAPE BUFFER ALONG LIVINGSTON ROAD AND RADIO ROAD, TO ADD A DEVIATION ALLOWING THE REQUIRED 8-FOOT WALL AT THE TOP OF A BERM INSTEAD OF BEING LOCATED AT GROUND LEVEL, TO ADD A DEVIATION TO ELIMINATE THE REQUIREMENT FOR TERMINAL LANDSCAPED ISLANDS ADJACENT TO PARKING AREAS WITHIN INDIVIDUAL DRIVEWAYS, TO ADD A NEW ALTERNATIVE LANDSCAPING EXHIBIT FOR LIVINGSTON ROAD AND RADIO ROAD, AND TO ADD A NEW CONCEPTUAL MASTER PLAN FOR THE PRIVATE CLUBS AND PRIVATE PARKING GARAGES PRINCIPAL USE, FOR THE PUD PROPERTY CONSISTING OF 209.17± ACRES LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, NORTH OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-PL20150000178] 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 3 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 9A 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 Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) County of Collier f CLERK OF THE CIRCi` IT COURT COLLIER COUNTY,COUR1 HOUSE 3315 TAMIAMI TRL E STE 102 Dwight E. Brock-bkerk of Circuit Court P.O. BOX 413044 NAPLES, FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditolkustoichan of County Funds December 15, 2015 Davidson Engineering Attn: Frederick Hood, AICP 4365 Radio Road Suite 201 Naples, Florida 34104 Re: Petition PUDA-PL20150000178— Briarwood Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 12, 2016, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, December 23, 2015. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com 9A Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, December 15, 2015 3:54 PM To: Naples Daily News Legals Subject: PUDA-PL20150000178 - Briarwood Attachments: PUDA-PL20150000178 Briarwood (BCC 1-12-16).doc; PUDA-PL2015000078 Briarwood (BCC 1-12-16).doc Hello, Please advertise the following attached ad Wednesday, December 23, 2015. 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(&,collierclerk.com 1 9A Martha S. Vergara From: Gori,Ivonne <ivonne.gori @naplesnews.com> Sent: Wednesday, December 16, 2015 9:38 AM To: Martha S. Vergara Subject: RE: PUDA-PL20150000178 - Briarwood Confirmed receipt. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(ca�,NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Napics ui U Arius co" From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com] Sent:Tuesday, December 15, 2015 3:54 PM To: Legals NDN <legals @JMG.onmicrosoft.com> Subject: PUDA-PL20150000178- Briarwood Hello, Please advertise the following attached ad Wednesday, December 23, 2015. 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(u 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 1 9A Martha S. Vergara From: ivonne.gori @naplesnews.com Sent: Wednesday, December 16, 2015 9:46 AM To: Martha S. Vergara Cc: Ivonne Gori Subject: Ad: 849724, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-79-849724-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 9A N 4,1fru nit > Ad Proof Sales Rep:lvonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com Date: 12/16/15 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at(239)262-3161 . Ad Id:849724 P.O.No.:45-161942 Total Cost:$553.71 Contact Name: Email:martha.vergara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date: 12/23/15 Stop Date: 12/23/15 Phone:(239)774-8049 Fax:(239)774-6179 Number of Times: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE Oi IHO O WONC AO RDINANCE 10,02 yry 100A that on TM/ry,J7171i,0016,in the Bonier OUVaornmenTenlerSll2UNsAorArs RireAoLTHaplT TL, the Board aE County Cwnmbabowa INCA)Alin 11,03,,Ine f a Cuuney TTMO.ONU.The meeting win commence St 000 A:M.Tne tINe or me prnpused 002lwle Isar rollows: The purpose of the hearing is to consider: AN ORDINACEOFTHE NOARD OECOUNTYCOMMISSIONERS Of COLLIER COUNTY,FLORIDA AMENDING ORDINANCE NUMBER SS-ll,THE RRIARWOOD POD,AS AMENDED,TO ARD PRIVATE RA C 10 AND D ATE ITI USE IN TRACTS t COMMUNITY C OM ME CWIAGLA.GETSO ADD MINIMUM STANDARDS FOR THE PRIVATE CLUBS AND PRIVATE PA GARAGES PRINCIPAL UST,T INCREASE THE MAXIMUM FOOTPRINT OF ALST AREE PFOR PAL I N RLOBS S ND PC:VIITG GARAGES IUSE IT�R NCOMM COMMUNITY , FROM 10%OF THE COMMERCIAL LANG AREA TO 27%,OR 120,102 ARE IFFY,OF TXE COMYFCOI LAND AREA,TO UMR T E ENVY SpVORE FOOTAGE OF ALL STRUCTURES FOR THE PRIVATE CLAUS S AND PRIVATE PARKING GARAGES PRINCIPAL USE IN TRACTS GA C:COMMUNITY THE COMMERCIAL LA M%,OR 2 OOT SQUARE ERR,RN THE COMMERCIAL LAND AREA DINMN COMPRISES 16R,RM RpIYND Ent OF 1NE WItDINO FOOTPRINT ON THE GROUND OVEI AND S,ADDITIONAL IATV SOWLRE EEET OF YERANINE AREAS,TO A BUFFER ALONG L INGSTON RO ALTERNATIVE ROADS TO A EVUNDLI ALLOWING AND RADIO ROAD,TO ADD A DEVIATION ALLOWING TX[REQUIRED N.f00T WALL AT THE T01 Of A BERM INSTEAD Of BEING LrNTNEO A OUN V A A L DENOGN ITFO ISLANDS DA PARKING AREAS WITHIN DRIVEWAYS,FOR TO ADD A NEW ALTERNATIVE RADIO RLANDSCAPING EXHIBIT FOR CONCEPTUAL ROAD AND RADIO ROAD,AND TO ADD S A NEW COCEPNARRESTER PLAN FOR THE AL USE, CLOGS AND PRIVATE PARKING GARAGES PRINCIPAL USE, FOR THE IUD FEAST I CONSISTING OF 2RA ACRES LOCATED,IIOURWND EAST 1vITOWSHIROAD,a9 pRN PRROF NG EN EFFECTIVE ER COUNTY,FLORIDA:AND 620 PROVIDING AN EffFCfIYF DATE.[RODA-II101SON01T67 Board anfd as avrallabletlrornn520Llion�AIII Intelres ec1=to the �mitedmauena ana be,gars.,[ Darrel are NOTE:All persons wishing to speak on any agenda item must tl 1IRRenAT minutes CI aC1111112 dre V.T IIFSUivldual I X,I individual be limited to 3 minutes on any item.The selection of any individual to speak an behalf or an organisation Of group is encouraged. If recpgnima br tM Chairman,,speVT IT NP A for a RrouD or organization myay be aNmtetl IOU minuteys tp speak on an Item. me board OUeMa DOCCVIS mull■suGml1 said material a 2,1gIVt of 3 weeTslador to the reI to OS!public hearin.In any caseI be seamtted to Ole appropriate County staraa`minmum of en days prior to the public nearing.All materials used in presentations before Ine Board will become a permanent part of the record. Alit Ned a 510,3 AI II,,T OINEAmGS VCeeelnitt olnNttll And thererore,mar need tp ve meow( verbatim lesom m Ine evidence Con witch the which peali oases es the tesrm0nr ana If croude e) an o pane d isaxsio whoeedsan v accommodation ocost to o yNo o me provson n?i=1= nad e 33CommouTnrta EAtIS a,o aeE o, ;,11='°71,7,t;at least two days pnrilr Tan meetingy. in the Board of ounti COMmthe hearin Dairetl a re avallablc m ycommisaipndrs�rriCC. BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT C K.CLERK At Martha VOgar(SA uty Clerk December Thank y you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Journal Media Group reserves the right to categorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified depart- ment immediately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. Martha S. Vergara 9A From: Martha S. Vergara Sent: Wednesday, December 16, 2015 10:05 AM To: BeasleyRachel (RachelBeasley @colliergov.net); Neet, Virginia; Ashton, Heidi; Stone, Scott; Rodriguez, Wanda Subject: PUDA-PL2015000018 Briarwood Attachments: BCCZONINGD-79-849724-1.pdf Morning All, Attached is the NDN ad proof, please review and let me know of any changes. Thanks, Martha 1 9A Martha S. Vergara From: Stone, Scott Sent: Wednesday, December 16, 2015 10:35 AM To: Martha S. Vergara; BeasleyRachel; Neet, Virginia;Ashton, Heidi; Rodriguez, Wanda Subject: RE: PUDA-PL2015000018 Briarwood Looks good, thanks! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Wednesday, December 16, 2015 10:05 AM To: BeasleyRachel; NeetVirginia; AshtonHeidi; StoneScott; RodriguezWanda Subject: PUDA-PL2015000018 Briarwood Morning All, Attached is the NDN ad proof, please review and let me know of any changes. Thanks, Martha 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 9 Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, December 16, 2015 10:37 AM To: 'ivonne.gori @naplesnews.com' Subject: RE: 849724, NOTICE OF PUBLIC HEARING NOTICE OF I Morning Ivonne, This ad has been reviewed and approved by the legal department, please proceed with publishing as requested. Thanks, Martha Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.comj Sent: Wednesday, December 16, 2015 9:46 AM To: Martha S. Vergara Cc: Ivonne Gori Subject: Ad: 849724, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 3-4. s NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE 9 A Notice is hereby given that on Tuesday,January 12,2016,in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center,3299 Tamiami Trail East,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: The purpose of the hearing is to consider: AN ORDINANCEOFTHE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE C NUMBER 95-33, THE BRIARWOOD PUD, AS AMENDED, TO • M ADD PRIVATE CLUBS AND PRIVATE PARKING GARAGES, N AND ASSOCIATED REQUIRED FEATURES, AS A PRINCIPAL * USE IN TRACTS B & C: COMMUNITY COMMERCIAL, TO ADD MINIMUM STANDARDS FOR THE PRIVATE CLUBS AND in r, PRIVATE PARKING GARAGES PRINCIPAL USE,TO INCREASE N THE MAXIMUM FOOTPRINT OF ALL STRUCTURES FOR THE PRIVATE CLUBS AND PRIVATE PARKING GARAGES PRINCIPAL N USE IN TRACTS B &C: COMMUNITY COMMERCIAL FROM 20%OF THE COMMERCIAL LAND AREA TO 27%,OR 188,062 L SQUARE FEET,OF THE COMMERCIAL LAND AREA,TO LIMIT THE MAXIMUM SQUARE FOOTAGE OF ALL STRUCTURES E FOR THE PRIVATE CLUBS AND PRIVATE PARKING GARAGES 0) PRINCIPAL USE IN TRACTS B&C:COMMUNITY COMMERCIAL ac.)i TO 40%,OR 278,610 SQUARE FEET,OF THE COMMERCIAL c LAND AREA WHICH COMPRISES 188,062 SQUARE FEET OF THE BUILDING FOOTPRINT ON THE GROUND LEVEL 0 AND AN ADDITIONAL 90,548 SQUARE FEET OF MEZZANINE AREAS,TO ADD A DEVIATION ALLOWING AN ALTERNATIVE inLANDSCAPE BUFFER ALONG LIVINGSTON ROAD AND RADIO a . ROAD, TO ADD A DEVIATION ALLOWING THE REQUIRED -a 8-FOOT WALL AT THE TOP OF A BERM INSTEAD OF BEING LOCATED AT GROUND LEVEL, TO ADD A DEVIATION TO ELIMINATE THE REQUIREMENT FOR TERMINAL LANDSCAPED * ISLANDS ADJACENT TO PARKING AREAS WITHIN INDIVIDUAL ' DRIVEWAYS,TO ADD A NEW ALTERNATIVE LANDSCAPING 3 EXHIBIT FOR LIVINGSTON ROAD QND RADIO ROAD,AND TO z ADD A NEW CONCEPTUAL MASTER PLAN FOR THE PRIVATE CLUBS AND PRIVATE PARKING GARAGES PRINCIPAL USE, FOR THE PUD PROPERTY CONSISTING OF 209.171 ACRES c LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD,NORTH OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, '^ RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY w PROVIDING AN EFFECTIVE DATE.(PUDA-PL20150000178I la. z A copy of the proposed Ordinance,is on file with the Clerk to the Board n to is available bfor inspection. All interested parties are 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 3 minutes on any item. The selection of any individual If recognized by the Chain,organization pokesperson is encouraged.c rouor 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 ll need a to theretooand therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. in the Board of County Commissioners Off ceaired are available BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY TIM NANCE,CHAI'RMANIDA DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) No.849724 December 23,2015 9A Napirs aiL NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 849724 NOTICE OF PUBLIC HEA 45-161942 Pub Dates December 23,2015 (Sign ure of affiant) Sworn to and subscribed before me 1 r "� IVONNE GOBI This January 2 ,2016 - Notary Public-State of Florida •441) Commission �r FF 900570 I r My Comm.Expires Jul 16,2019 1 a:•`' Bonded through National Notary Assn. /0-0 ' (Signatur of affiant) ' 1 • 0 9A W ✓ NAPLES DAILY NEWS 55 Wednesday,December 23,2015 a 23D O N'otir� NI, Naticc Vorict Request for Hills t 1 the fictitious name of Naples County of Collier,in Naples, PUBLIC HEARING Zest' oard of Collier County,Floritla,will accept Sealed Z Accelerator,located at 3530 Florida 34105, intends to t1°1:1138f ficeofthe Dlrettoraf Punchasingenti12:00 p.m.on Kraft Road,Suite 201a in the register the said name with Dear Property Owner the date noted below for: 0 County of Collier,In Naples, the Division of Corporations Florida 34105, intends to of the Florida Department of A public hearing will be held by the Marco Island Planning Board BID# TITLE OPEN Z register the id name with State Tallahassee, Flarida. January 8 2016 t 9:00 em in the Community Roam located on 70.12/15 Band Uniform- January Z9,2016 the Division of Corporations Dated at Naples, Florida, the first floor of the Marco Island Police Department Building, Naples High School - ■ f the Florida Department of December 1&2015. 51 Bald Eagle Drive,Marco Island,Florida,to consider LL State Tallahassee, Florida. THE NAPLES ACCELERATOR agreement of a proposed parking enhancement plan far the Scop¢ f k d requirements @ http://www. Dated at Naples. Florida, December23,2015 No.858695 gg a Island Town Center shopping Plaza located at 1089 N dMla6deW,0 smppilBe0r/OpNpenry h d < December 18,2015. Marco collier blvd.Marco Island Florida 34145 asp7f=searOh&LF Mall 10202 or CY 239-3774/047. 1 E NAPLES ACCELERATOR W December 23,2015 No.858714 Propertyy Owner 99 t There's no place wen LRetail Holdings Inc. The School Board of Collier County.Florida L 2 Ihere'smpbalileeBs hke T, By:/s/Dr.Kemela Patton © ACCELERATOR hke...here' P.O.Box edele,-Dept.124 Superintendent of Schools as _U THE MAPLE ACC LRATOR Scottstlale,AZ 85261 Authorized by. Q' NOTICE OF INTENT Nancy Sirko,Director of Purchasing a) J TO REGISTER FICTITIOUS Real Estate Property Information December 23&24,2015 No.857774 O FyS NAME Site Address:Number:1089N Collier blvd Marco Island Florida Public Notices LY NOTICE OF ACTION 3419 co a Legal Description: MARCO BCH ERLAT 01K 778 WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT Notice Under Fictitious Name LOTS 11,32 and ntl 13 ll Law Pursuant to Section NOTICE OF PUBLIC NEARING TO CONSIDER THE ADOPTION Of 865.09, Florida Statutes u tions related to this hearing may be directed to Tami Scott, THE FISCAL YEAR 2014/2015 BUDGET AND NOTICE OF REGULAR C u. NOTICE IS HEREBY GIVEN that e Zoning Administrator for the City of Marco Island via telephone BOARD OF SUPERVISORS'MEETING. Othe undersigned,Economic at 239-389-5021 or a-mall at TSCatt@ckyofmarcoisland.com. N0 Incubators Inc, desiring to loaalfied.s The Board of Supervisors of the Winding Cypress Community engage in Business rider he Sincerely, Development District will hold a public heareg on January 12, W fictitious name of The Naples Tami Scott 2016,at 1:00 p.m.,at the Sales Office located at 7225 W iregrass (n Accelerator,located at 3530 Zoning Administrator CourtNeples,Flonheedopforthe rho budget hearing comments Q U Kraft Road,Suite 201 in the December 23,2015 Na.860424 d objections on the adoption of the budget of the District for Notice Notice Public Notices I'uI:lic NOti^:, Fiscal Year 2014/2015.A regular board meeting of the District Q. will also be held at that time where the Board may consider any (a ` N O NOTg1 OF PUBLIC NEARING WINDING CYPRESS COMMUNITY DEVELOPMENT DISTINCT other business that may properly come before it. Z Z O Z NOTICE OF INTENT TO CONSIDER A RESOLUTION NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF of A the District agenda anager,2501A Burns may Palm Beach Gardens Notice is hereby given that an January 12,2016,in the Board THE FISCAL YEAR 2015/2016 BUDGET AND NOTICE OF REGULAR Florida 33410,Telephone:15011630-0922 and/or tall freest l-877. of County Commissioners Meeting Room,Third Floor,Collier BOARD OF SUPERVISORS'MEETING. 737.922,during normal business hours. 1.. Government Center,3299 East Tamiami Trail,Naples FL., the Board of County Commissioners C)will consider the The Board of Supervisors of the Winding Cypress Community The public hearing and meeting are open to the public and enactment of a County Resolution.The meeting will commence Development District will hold a public se blic hearing on January 12, will be conducted in accordance with the provisions of Florida (n at 9:00 A.M.The title Al the proposed Resolution is as follows: 2016,at 1:00 p.m.Be the Sales Office located at 7225 Winegee law for community development districts.The public hearing Court Naples.Florida 34114 for the purpose of hearing comments and meeting may be continued to a date time,and place to be ll a) RESOLUTION NO.2016._ d objections on the adoption of the budget of the District for specified on the record at the meeting.There may be occasions Fiscal year 2015/2016.A regular board meeting of the District when staff or Supervisors may participate by speaker telephone. C A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS will also be held at that time where the Board may consider any 1 O OF COLLIER COUNTY,FLORIDA,TO DISCLAIM,RENOUNCE other business that may properly come before it. Any person requiring special accommodations at this N AND VACATE THE COUNTY AND THE PUBLIC INTEREST meeting because at a disability or physical impairment should IN A PORTION OF THE 12-FOOT DRAINAGE EASEMENT A copy of the agenda and budget may be obtained at the offices tact the District Office of(561)630-4922 at least forty-eight r LOCATED ALONG THE REAR BORDER LOT IS,BLOCK"C"OF f the District Menager,2501A Bums Road,Palm Beach Gardens, (481 hours prior to the meeting. If you Relay Service hearing or speech 48 HABITAT HROUGH 51E•OF THEOPUBLICNRECORDSOOFX COLLI R 737.922,during business hours and/or toll free of l-877- 8770,for aid iinscontacting the District Office.erviee at 1-800-955- COUNTY,FLORIDA,LOCATED IN SECTION 33,TOWNSHIP 50 The public hearin d cling are open to the public and Each n who decides to L SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. g an appeal any decision made by the 1. (PETWON VAC-PL2DISon01064) ill be conducted in accordance with the provisions of Florida Board with respect to any matter considered at the public a _ law for community development districts.The public hearing hearings or meeting advised Nat person will need a record V) A cop of the proposed Resolution is on file with the Clerk to the and meeting may be continued to a date,time,and place to be of proceedings and that accordinggly,rthe person may need fl- Board and is available for inspection.All Interested parties are cape rat0 0n as record at the meeting.There may be eleph ne. fa ensure that a verbatim record of the proceedings is made 'E 0 0 invited to attend and be heard. hen staff or 5ucervisgrs mayparticipate by speakertelephone. n hiding the testimony and evidence upon which such appeal CD (.) Any person requiring special accommodations at this Is fa be based. NOTE:All persons wishing to speak on any agenda item must g • N U N register with the County manager prior to presentation f meeting because of a disability or physical impairment should -0 0) 0 CD the agenda item to be addressett The and Individual speakers will be tact the District Office at(561)630-4922 at least forty-eight Kathleen Dailey < < (/) limited to 5 minutes on sec item.The selection of ens individual (48)hours prior to the meeting..If you are hearing or speech District Manager to speak on behalf of an organization or group is encouraged. Impaired,please contact the Florida Flarida Relay at 1-800-955- If recognized by the Chairman,a spokesperson for a group or 8770,for aid in contacting the District Office. WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT fHf organization may be allotted 10 minutes to speak on an Item. Each person who decides to appeal any decision made by the .'dingcy dd.org Persons wishing to have written or graphic materials included in Board with respect to any matter considered at the public Deccember 23&30,2015 No.85 the Board agenda to must submit said material a minimum hearings or,meeting Is advised that person will need a record E of 3 weeks prior t the respective public hearing.In any ease f proceedings and.Nat accordingly,the person may need in iblic Notice:; t'ublic Notices •- written materials intended to be considered by the Board shalt f0 including that•veratim record no te proceedings is made be submitted to the appropriate County staff a minimum of is to basetltesfimany and evidence upon which such appeal NOTICE OF PUBLIC NEARING seven days prior to the public hearing.All materials used In NOTICE OF INTENT TO CONSIDER AN ORDINANCE er presentations before the Board will become a permanent part er of the record. Kathleen Dailey Notice is hereby given that on Tuesday.January 12,2018 in the District Manager Board of County Commissioners Meeting Room,Thin(Floor, Mr An need who decides to appeal any decision of the Board and Collier Government Center,3299 Tamiami Trail East,Naples FL., will a record of the proceedings pertaining thereto and WINDING CYPRESS COMMUNITY DEVELOPMENT DISTRICT the Board of County Commissioners(BCC)will consider the therefore.may need to ensure that a verbatim record of the enactment at a County Ordinance.The meeting will commence proceedings'd ee an which the appeal is baselddes the testimony and coca 'odingcypresscdd.grg at_9:00A,M.The title of the proposed Ordinance Is as follows: w December 23&30,2015 No.852251 The pueose of the hearing is to consider: Ifyauareahers°nwithadisabilitywhoneedsanyaccommodation public Notices Public N<�ricc. N x In artier to pU,to the a in Nis proceeding,you are entitled,at - AN COLLIER COUNTY,BOARD OF COUNTY COMMISSIONERS _ no cost to you,to the provision of certain assistance.Please OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE contact the Collier County Facilities Management Division, NOTICE OF PUBLIC NEARING NUMBER 95-33,THE BRIARWOIV PUD,AS AMENDED,TO O located at 3335 Tamiami Trail East,Suite#303,Naples,FL 34132- NOTICE OF INTENT TO CONSIDER AN ORDINANCE ADD PRIVATE CLUBS AND PRIVATE PARKING GARAGES, co Q /1 ad, 5356,(239)252-8380,at least two days prior to the meeting• Notice is hereby given that on Tuesday,January 12,2016 in the AND ASSOCIATED REQUIRED FEATURES,AS A PRINCIPAL V ` in Assisted listening devices for the hearing impaired are available Board at County Commissioners Meeting Roam,Third Floor, USE IN TRACTS B&C:COMMUNITY COMMERCIAL, TO in the Board of County Commissioners Office. 9 ADD MINIMUM STANDARDS FOR THE PRIVATE CLUBS AND CO Z N Z Collier Government Center,3299 East Tamiami Trail,Naples FL., PRIVATE PARKING GARAGES PRINCIPAL USE,TO INCREASE BOARD OF COUNTY COMMISSIONERS the Board of County Commissioners(BCC)will consider the THE MAXIMUM FOOTPRINT OF ALL STRUCTURES FOR THE COLLIER COUNTY,FLORIDA enactment of a County Ordinance.The meeting will commence PRIVATE CLUBS AND PRIVATE PARKING GARAGES PRINCIPAL L TIM NANCE,CHAIRMAN at%ORA.M.The title of the proposed Ordinance is as follows: USE IN TRACTS B&C:COMMUNITY COMMERCIAL FROM ANORDINANCEOFTHEBOARDOFCOUNTYCOMMISSIONERS 20%OF THE COMMERCIAL LAND AREA TO 21%,OR 188,062 DWIGHT E.ceend CLERK OF COLLIER COUNTY.FLORIDA AMENDING ORDINANCE SQUARE FEET,OF THE COMMERCIAL LAND AREA,TO LIMIT By: Deputy Clerk(SEAL) NUMBER 2003-11,THE EAST GATEWAY PLANNER UNIT THE MAXIMUM SQUARE LUBS AND PRIVATE FPARKING GARAGES E December 23&30,2015 No.814857 DEVELOPMENT,BY ADDING 250 RESIDENTIAL DWELLING FOR ORT PRINCIPAL CLUBS COMMUNITY PARKING GARAGES UNITSTO BE DEVELOPED INADDITIONTOTHE COMMERCIAL TO 40%,OR 208,610 SQUARE FEET,OF THE COMMERCIAL L 0 No[icc DEVELOPMENT ON THE COMMERCIAL DEVELOPMENT AREA LAND AREA WHICH COMPRISES 188,062 SQUARE FEET a) - OR AS AN ALTERNATIVE TO INDUSTRIAL AND BUSINESS OF THE BUILDING FOOTPRINT ON THE GROUND LEVEL 0. NOTICE OF PUBLIC HEARING PARK DEVELOPMENT ON THE INDUSTRIAL BUSINESS PARK AND AN ADDITIONAL 90,548 SQUARE FEET OF MEZZANINE DEVELOPMENT AREA;BY CHANGING THE NAME OF THE AREAS,TO ADD A DEVIATION ALLOWING AN ALTERNATIVE NOTICE OF INTENT TO CONSIDER A RESOLUTION PLANNED UNIT DEVELOPMENT TO THE EAST GATEWAY LANDSCAPE BUFFER ALONG LIVINGSTON ROAD AND RADIO 0 I- Notice is hereby that on January 12,201 In the Board MIXED USE PLANNED UNIT DEVELOPMENT;BY ADDING ROAD,TO ADD A DEVIATION ALLOWING THE REQUIRED given 6, PERMITTED USES FOR RESIDENTIAL DEVELOPMENT;BY f County Commissioners Meeting Room,Third Floor,Collier ADDING DEVELOPMENT STANDARDS FOR RESIDENTIAL LOCATED AT GROUND LEVEL,TO ADD S DEVIATION TO Z L 8-SOOT WALL AT THE TOP OF A BERM INSTEAD OF BEING O Government Center,3299 East Tamiami Trail,Naples FL., DEVELOPMENT,BY ADDING DEVIATIONS;BY REVISING ELIMINATE THE REQUIREMENT FOR TERMINAL LANDSCAPED the Board of County Commissioners(BCC)will consider the THE MASTER PLAN;BY ADDING EXHIBIT B AND EXHIBIT ELIMIN TETHE ENT UIREME REQUIREMENT AREAS TERMINAL enactment of a County Resolution.The meeting will commence C,ROAD RIGHT-OF-WAY CROSS SECTIONS BY REVISING DRIVEWAYS,TO ADD A NEW ALTERNATIVE LANDSCAPING Q at9:00A.N.The title of the proposed Resolution is as follows: DEVELOPER COMMITMENTS FOR THE PUD LOCATED ON DRIVEWAYS,TO AAN Cl)cz/ 0 THE NORTH SIDE OF DAVIS BOULEVARD AND WEST OF CO EXHIBIT FOR LIVINGSTON ROAD AND RADIO ROAD,AND TO ADD A NEW CONCEPTUAL MASTER PLAN FOR THE PRIVATE RESOLUTION N0.2016-__ 9511th SECTION 34,TOWNSHIP CONSISTING X,RANGE 26 EAST, CLUBS AND PRIVATE PARKING GARAGES PRINCIPAL USE, COLLIER COUNTY,FLORIDA CSISTIN OF 37.35s ACRES FOR THE PUB PROPERTY CONSISTING OF 209.100 ACRES AND BY PROVIDING AN EFFECTIVE DATE.[PETITION PUDA- LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD,NORTH A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS P1.201400005481 OF RADIO ROAD,IN SECTION 31,TOWNSHIP 49 SOUTH, OF COLLIER COUNTY,FLORIDA,TO DISCLAIM,RENOUNCE RANGE 26 EAST,COLLIER COUNTY,FLORIDA;AND BY AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A copy of the proposed Ordinance is an file with the Clerk to the PROVIDING AN EFFECTIVE DATE.[PUDA-PL20350000178] A PORTION OF THE 10-FOOT WIDE UTILITY EASEMENT, Board and is available for inspection.All interested parties are RECORDED IN OFFICIAL RECORD BOOK 1137•PAGE 638 AND invited to attend and be heard. A copy of the proposed Ordinance Is an file with the Clerk to the THE 50-FOOT UTILITY EASEMENT RECORDED IN OFFICIAL Board and is available for inspection.All interested parties are RECORD BOOK 1401,PAGE 757 OF THE PUBLIC RECORDS NOTE:All persons wishing to speak on any agenda item must invited to atten and be heard. OF COLLIER COUNTY,FLORIDA,LOCATED IN SECTION 9, register with the County Manager prior to presentation of TOWNSHIP 48 SOUTH.RANGE 25 EAST,COLLIER COUNTY, the agenda item to be addressed.Individual speakers will be NOTE:All persons wishin to speak on any agenda item must FLORIDA.(PETITION VAC-PL2 015 0 0 02 2 59) limited to 3 minutes on any item:The selection of any individual register 'e the wIs County' gge pr ar to presentation f to speak on behalf of an organization.group Is encourged. the agenda item to be add addressed.rIndividual speakers will be !_ A copy of the proposed d Resolution is on file with the Clerk to the ofrrenizatin by the Chairman,loted0minutes to a group or limited to 3 minutes on any item.The selection of any individual Apse organization may be allotted 30 minutes t0 speak on an Item. to speak on behalf of an organization or group is encouraged. OBoard and is available for Inspection.All interested parties are If recognized by the Chairman,a spokesperson for a group or invited to attend and be heard. Persons wishing to have written or praphicmaterials included in 'organization may be allotted 10 minutes to speak on an item. N NOTE:All persons wishin Co s eak on an the Board agenda packets must submit said material a minimum g speak y agenda item must of 3 weeks prior t the respective public hearing.In any case Persons wishing to have written or graphic materials included in register with the County manager prior to presentation f written materials intended to be considered by the Board shah the Board agenda ackets must submit said material a minimum the agenda item to be andressed.enIndividual speakers will be be submitted to the appropriate County staff a minimum of of 3 weeks prior to the respective public hearing.In any case M limited to 5 minutes on any Item:The selection of any individual days prior to the public hearing.All materials used in ritten materials intended to be considered ty0by the Boartl shah to �i- If speak on e behalf of an organization or group is encouraged. on aresentations before the Board will become a permanent part be submitted to the appropriate County staff a minimum of N If recognized by the Chairman,a spokesperson for a group or of the record. seven 000r prior to the public hearing.All materials used in organization may be allotted 10 minutes t0 speak on an item. presentations before the Board will become a permanent part 1,�arj Any person who decides to appeal any decision of the Board of the record. yE'� Persons wishing to have written or graphic materials included in Ill need a record of the proceedings pertaining thereto and L the Boartl agenda ppackets must submit said material a minimum therefore,may need to ensure that a verbatim record of the Any need who decides to appeal any decision of the Board /Sa of 3 weeks prior to the respective public hearing.In any case proceedings is made,which retard includes the testimony and III therefore,a record of the proceedings enbeti ing thereto and Y/ i sun maed to Thee apptl p be Countyesay the inim shah itlence upon which the appeal is based. ill nee may record to ensure that a verbatim record of the Zil be submitted to the appropriate County staff a minimum of roceedings is made,which record includes the testimony and seven days prior to the public hearing.All materials used In Ifyou r to participate an witha in this evidence pan which the appeal is based. presentations before the Board will become a permanent part in to participate in this proceeding,you are entitled,at f the record. cost to you,to the provision of certain assistance.Please Ifyauareapersanwith adisabil'itywhoneedsanyaccommotlation A, An person who decides to Ian decision of the Board contact the Collier County East,Suite M01,Naples[L Division,0 order to participate In this proceeding,you are entitled,at W appeal y located at 3335 Tamiami hail East,Suite 101,Naples,FL 34112- in o cost to you,to the provision of certain assistance.Please III need a record of the proceedings pertaining thereto and 5356.(239)252-8380.at least two days prior to the meeting. located the Collier County Facilities Management Dlvisian, therefore,may need to ensure that a verbatim record of and Assisted listening devices for the hearing ice.impaired are available located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- ♦% proceedings is made,which record includes the testimony and in the Board of County Commissioners Office. Assisted(239)252-8380,eo least two days priar.a the meeting.5356, /^[V�, dente upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS Assisted listening devices for the hearing impaired are available If you are a person withadisabilitywho needs any accommodation COLLIER COUNTY,FLORIDA in the Board of County Commissioners Office. 41m& in order to participate in this proceeding,you are entitled,at TIM NANCE,CHAIRMAN BOARD OF COUNTY COMMISSIONERS no cost to you,to the provision of certain assistance.Please DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA tZit contact the Collier County Facilities Management Division, TIM NANCE,CHAIRMAN located at 3335 Tamiami Trail East Suite#101,Naples,FL 34112- By:Martha Vergara,Deputy Clerk /� n 5356.(2391 252-8380,at least two days prior,to the meeting. (SEAL) DWIGHT E.BROCK,CLERK /�_41+.�` /\7 Assisted listening devices for the hearing impaired are available December 23,2015 NV.818578 By: Martha Vergara Deputy Clerk in the Board of County Commissioners Office. (SEAL) RS fi ndlocal treasures here! December 23,2015 No.849724 BOARD OF COUNTY COMMISSIONERS &CIS COLLIER COUNTY,FLORIDA (ma) Buy and sell autos fast! Tn9`T �/� TIM NANCE,CHAIRMAN /VASI, By:Teresa Tees CRafO,no CLERK B Naples Daily News localfieds Naples Daily News Localfieds W December 23&Clerk 30,2015L) No.814886 CO ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents arc 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. 2. 3. County Attorney Office County Attorney Office 06/40 4. BCC Office Board of County ..t* `-\ Commissioners Y�/ `\zA\s, 5. Minutes and Records Clerk of Court's Officet'Z l ((to (f .fs c,q 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 StaffPhone Number / '' Contact/ Department -� �TC77 a ' ZS Z- g3-4 ‘! �Agenda Date Item was / Agenda Item Number by the BCC �I /2// g 9 A .c, Type of DocumentNumber of Original NR'IPO Attached Re5o t 1-t 1- ( V1 Documents Attached PO number or account a4,16 --Ito 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? G,/J 2. Does the document need to be sent to another agency for additional signatures? If yes, 7 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 t- by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's 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 �,ti document or the final negotiated contract date whichever is applicable. V%/ 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. (((/// 7. In most cases(some contracts are an exception),the original document and this routing slip 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 Wel,' eerl-by the BCC on I/12/gb and all changes made during /gip the meeting have been i it, porated in the attached document. The County r . F: T3 Attorney's Office has re `', ed the changes,if applicable. tory z ' 9. Initials of attorney verify' hat the attached document is the version approved by the " BCC,all changes directe ;:y the BCC have been made,and the document is ready for the 4--k*144,t$P444 , Chairman's signature. i �� , I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,R . d 2.24.05; '-• sed 11/30/12 9A MEMORANDUM Date: January 21, 2016 To: Eric Johnson, Principal Planner Zoning Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Resolution 2016-16/Denial of PUDA-PL20150000178— Premier Auto Suites of Naples, LLC Attached for your records is a copy of the agreement referenced above, (Item #9A) adopted by the Board of County Commissioners January 12, 2016. If you need anything further, please feel free to contact me at 252-8411. Thank you. Attachment 9A RESOLUTION NO. 16- 1 6 A RESOLUTION DENYING PETITION PUDA-PL20150000178 TO AMEND ORDINANCE NUMBER 95-33, THE BRIARWOOD PUD, AS AMENDED, TO ADD PRIVATE CLUBS AND PRIVATE PARKING GARAGES, AND ASSOCIATED REQUIRED FEATURES, AS A PRINCIPAL USE IN TRACTS B & C: COMMUNITY COMMERCIAL, AND OTHER PROPOSED AMENDMENTS FOR THE PUD PROPERTY CONSISTING OF 209.17± ACRES LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, NORTH OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. WHEREAS, on April 25, 1995, the Board of County Commissioners approved Ordinance No. 95-33, the Briarwood Planned Unit Development, in accordance with the Planned Unit Development document attached thereto; and WHEREAS, Frederick E. Hood, AICP, of Davidson Engineering, Inc., representing Premier Auto Suites of Naples, LLC, has petitioned the Board of County Commissioners to amend Ordinance No. 95-33, the Briarwood Planned Unit Development, as amended, to add private clubs and private parking garages, and associated required features, as a principal use in Tracts B & C: Community Commercial, and other proposed amendments; and WHEREAS, on August 20, 2015 and November 19, 2015, the Collier County Planning Commission held properly noticed public hearings to consider Petition PUDA-PL20150000178 to amend Ordinance No. 95-33, the Briarwood PUD, as amended; and WHEREAS, on January 12, 2016, the Board of County Commissioners held a properly noticed public hearing to consider Petition PUDA-PL20150000178 to amend Ordinance No. 95- 33,the Briarwood PUD, as amended; and WHEREAS, all interested parties have been given the opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: Petition Number PUDA-PL20150000178, filed by Frederick E. Hood, AICP, of Davidson Engineering, Inc., representing Premier Auto Suites of Naples, LLC, is hereby DENIED in accordance with the transcript of the proceedings of the public hearing held before the Board of County Commissioners on January 12, 2016. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and filed with the County Clerk's Office. This Resolution adopted after motion, second and super-majority vote of the Board of County Commissioners on this 12th day of January, 2016. [15-CPS-01425/1233678/1] 1/15/16 9A ATTEST: BOARD OF COUNTY COMMISSIONERS K, CLERK COLLIER COUNTY, FLORIDA • 1 ! I B y�. � By: d�- Attest to Chairmans' , Deputy Clerk Donna Fiala, Chairman Sian tore only.. Apt ved as to fo `'and legality: l& Scott A. Stone Assistant County Attorney cern# q Tl AgenDateda �Z , Date i Z lh Recd F' C)2 Deputy Clerk [15-CPS-01425/1233678/1] 1/15/16 9A Collier County, FL Q 410*---, Search Gr Links S-Show Changes:OFF e Update Me new (}Menu 10.08.00 - CONDITIONAL USE PROCEDURES Modified % 8 6 e • A. General.A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification,but which,if controlled as to number,area.location,or relation to the neighborhood,would promote the public health safety,welfare,morals,order,comfort,convenience,appearance, or the general welfare.Such uses may be permissible in a zoning district as a conditional use if specific provision for such conditional use is made in the LDC.All petitions for conditional uses shall be considered first by the Planning Commission in the manner herein set out.Decisions regarding conditional uses shall be quasijudicial in nature. B. Applicability.Conditional use approval is required before the construction or establishment of a conditional use. C. Application.The Administrative Code shall establish the submittal requirements for a conditional use application. 1. Conditional use application processing time.An application for a conditional use will be considered"open," when the determination of"sufficiency"has been made and the application is assigned a petition processing number.An application for a conditional use will be considered"closed"when the applicant withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use,for a period of 6 months.An application deemed"closed"will not receive further processing and shall be withdrawn and an application"closed"through inactivity shall be deemed withdrawn.The Planning and Zon rill notify the applicant of closure by certified mail,return receipt requested;however,failur -Scroll to Top County shall not eliminate the"closed"status of a petition. Support Term . Use ..Vfew Moblie Site ► P a ',,ep eft o� P V Iron Gate Motor Condos at 2212 Ferry Rd Naperville, IL 605639 A The square in the white dot is the entrance to Iron Gate. Note the surrounding area does not have any houses near it. The article submitted is referencing this area and Commission Chairman Patty Gustin believes it is far enough from the homes and in a open space on the site. Link is http://articles.chicagotribune.com/2013-11-08/news/ct-tl-naperville-luxury-car-condos- 20131107_1_luxury-car-planning-and-zoning-commission-naperville 1 .,Makeup blain ' // Anicca Float Club I.' GP' ! Floatation Pt rpy • .,/'"""..7-- F_err.Y Rd x"` - rer Y' � ___.�" -�--f-ry ^- .Ferry Rd 4' -_._.�`"� t •'� Iron a-ate Mo? 6.78... • ¢'a `\�� w Q° r If .: 50'..-. .;,he. a a. e.JSCA Fxr.Ser..ce Fgerc), aF Ca:a 62016 u'oWle 3pearth vie«not a.a.'.a -c High Point 2212 Ferry Rd, Naperville, IL 60563 Price: N/A , - Lot Size: 7 1 - 37.95 AC >_ r , .....'. Total Lot Size: 45.11 AC " " _ Property Type ( Land :.;. . ,;�• -......-:. y Property Sub-type:" -kacustnal (la1r ' '"r 'a ` iii. Listing ID 16827014 i•044. Lost Updated over 1 year ago i The picture above is from the sale of the land (Note: the Sub-type is INDUSTRIAL) http://www.loopnet.com/Listing/16827014/2212-Ferry-Rd-Naperville-IL/ Luxury car condos pitched in Naperville - tribunedigital-chicag... Page 1 of 7 (http://www.chicagotribune.com Luxury car condos pitched in Naperville Plan Commission OKs proposal for units that would house high-end vehicles, also include creature comforts for owners November o8, 2013 I By Melissa Jenco, Chicago Tribune reporter Recommend 26 Tweet 2520 G+1 1 Some luxury cars are living a less-than-glamorous existence in Chicagoland garages 0,surrounded by kids'toys and garden tools r' while growing a layer of frost when temperatures plummet. But a suburban developer is hoping to give the autos a high-end home —and their owners the ultimate man cave. Iron Gate Motor Condos 0 Inc. has proposed garage 0 condos for Naperville's northwest side that President Tom Burgess described as "top-of-the-line toy storage." Burgess, CEO of a commercial real estate business 0, said he decided during the recession 2 he wanted to do something fun. "Let's try to bring something unique that matches the brand of Naperville that has that interesting quality-of-life dynamic to it for a demographic that really does contribute to the community and creates that one-plus-one-equals-three effect,"he said. http://articles.chicagotribune.com/2013-11-08/news/ct-tl-napervill... 01/12/16 Luxury car condos pitched in Naperville - tribunedigital-chicag... Page 2 of 7 While one resident who lives near the site questioned the effect on , homes ET in the area local officials embraced it. 9 A "I hate cars. I don't like anything about cars," said Robert Williams, who sits on Naperville's Planning and Zoning Commission. "Having said that, I love this." Owners could store multiple cars,boats,motor homes and other vehicles in the space and also create a customized place to relax in the loft area. Some in other locations have installed amenities like kitchens,bathrooms,living rooms C4',fireplaces and even a basketball court. However, owners would not be allowed to live on-site. 14°L-) ""0°(c`° "What this product offers is that place where you can enjoy your passion with other like-minded folks," Burgess said. He estimates the starting price for the smallest units to be $120,000 and said they all will have heat and electricity. The plan for the facility,which could open in June and would be part of the AutoMotorPlex brand,calls for about 13 buildings on roughly 4o acres just south of Ferry Road and west of state Route 59. Each building would have units ranging from 1,140 to 16,000 square feet that would be sold as condos. The property would have a gated entry and motion cameras,but the public would be able to sneak a peek once or twice a month at open house events. A little more than half of the property would remain open space, including a wetland and a walking trail connecting the Illinois Prairie Path to Ferry Road that would be accessible to the public. Commission Chairman Patty Gustin said she believes the garages are far enough away from homes and liked the open space on the site. The second phase of development calls for adding services that would cater to car owners such as repair facilities, a detail shop,equipment supplier,insurance offices and food service. The Planning and Zoning Commission unanimously approved the detailed plans for the first phase and the general concept for the second phase. http://articles.chicagotribune.com/2013-11-08/news/ct-tl-napervill... 01/12/16 Luxury car condos pitched in Naperville - tribunedigital-chicag... Page 3 of 7 • "I think this is a creative use,innovative idea for the property," 9A Commissioner Tim Messer said. The proposal will go to the City Council for a vote r. mjenco @tribune.com (mailto:mjenco @tribune.com) Twitter @melissajenco(https://twitter.com/melissajenco) content=thumbnails-f:Below Article Thumbnails -Archives:) content=thumbnails-f:Below Article Thumbnails -Archives:) content=thumbnails-f:Below Article Thumbnails-Archives:) From the Web (http://www.yourdailydish.com/galleries/amazing-things-found-sea/? utm_source=Taboola&utm_medium=tribunedigital- chicagotribune&utm_term=ys&utm_content=http%3A%2F% 2Fcdn.taboolasyndication.com%2Flibtrc%2Fstatic%2Fthumbnails% 2F4b6767c9cd619523489628547a6b8o3c jpg&utm_campaign=Tabooh 19 Most Incredible Things Found Under The Sea Your Daily Dish (http://www.yourdailydish.com/galleries/amazing-things-found-sea/? utm_source=Taboola&utm_medium=tribunedigital- chicagotribune&utm_term=ys&utm_content=http%3A%2F% 2Fcdn.taboolasyndication.com%2Flibtrc%2Fstatic%2Fthumbnails% 2F4b6767c9cd619523489628547a6b803c.j pg&utm_campaign=Tabooh (https://www.lendingtree.com/info/pay-o-credit-card-interest-to- 2017? esourceid=6181o96&cchannel=content&csource=taboola&cname=How How To save By Transferring Your Balance To a Long o%Intro APR Card LendingTree (https://www.lendingtree.com/info/pay-o-credit-card-interest-to- 2017? esourceid=6181096&cchannel=content&csource=taboola&cname=How http://articles.chicagotribune.com/2013-11-08/news/ct-tl-napervill... 01/12/16 291 E. Ocotillo Rd #49 and 66, Chandler, AZ, 85249 - Self/Min... Page 1 of 3 Connecting Commercial Real Estate`"' Become a free member Loa In For Sale For Lease Find a Broker Add Listing My LoopNet Historical Industrial Sale Listing - Garage Town Chandler Industrial For Sale Local Property Ads LoopNet- !; ; , Advertise your property to searchers in your market LEARN MORE a„ This Industrial property is Off-Market. Search below to find active commercial real estate for sale or lease. Industrial Chandler,AZ Search Browse More Listings in Industrial For Sale, araa e"Town N/A hannn e 1,920 291 . Ilo Rd#49 and 66,Chandler,AZ 85249 a ,� ....�. [3GarageTown , i tom. W- - Y� Industrial Property-Off Market Price. N/A Year Built: 2008 Building Size: ,• ., Clear Ceiling Height. 16 ft. "W. Property Type: Industrial Lot Size: 730 SF Property Sub-type: - -Storage Facility APN/Parcel ID: 303-54-605 Property Use Type: Vacant/Owner-User Listing ID 18759012 Commission Split: 3% Last Updated 261 days c•,;<:. No.Stories. 1 http://www.loopnet.com/Listing/18759012/291-E-Ocotillo-Rd-49-... 01/09/16 4 ,n - 0 s: -15.aa Ate. Why are they trying to build 148 Garage units next to private homes? These can contain pie c c RVs , boats , at least 8 cars per unit plus a partying atmosphere 24/7. There is a lot of gas in aC- - Comm.icA those units. Link to the site to see more-> http://premierautosuitesofnaples.com/ 4 i5 bfiCgv This car condo garages, now called private club, was change at the last PUD in December, to try to fit into the zoning for conditional uses, for neighborhood commercial. Definition of Conditional uses below: ( this does not fit) Cp�mr^v'�`-r0"''�`�\C� \ MCI L n N 0 1.7%-)VA I <. I 9 it i General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. See link below https://www.municode.com/library/fl/collier county/codes/land development code?node Id=CH10APREDEKIPR 10.08.000OUSPR If allowed, Collier County has set a precedence to allow these type of warehouses to pop up in any commercial development and possibly in other counties as well. They should be built in an industrial area (purple), not in a commercial area. PLANNED UNIT I DEVELOPMENTS, 1C ;. COMMERCIAL AND INDUSTRIAL ZONING \ ti. { i._ -- CN WKS 1 '�Y .U'..0 {1 : } \ — z t C_S —� \rcncsns OR) �.c+ t c 1-2 i'RAR f t_ seas r..m I L *',C_t !IcK eau.won . u ILL F O ❑SAiR3'EE3ENT lop'lL IEMIHE.. QNRPORf'`;5 ^a, 1 a, " ❑.ULlWlC EZTAL; ❑ xmvcnE.ITT i ( Yg �Ef 7 111 �A--- C-r' . - -5 + wmE liw. an; eo. �LP. " �IDMIES — r \ ti _ C'r0A5avvra SNI g - __ F R 25 E http://www.colliergov.net/modules/showdocument.aspx?documentid=2548 in the link to the above document. ;'v3�tl} L.% , s. Call r- .c_-1-" t c r\ a ivI N k NEL,-. , CC) CA The link below is from the Collier county web site about the North west area of Livingston and Radio:The premiere auto will not provide any services to the surrounding residents which is a qualification according to this document See:section 14 on page 42 of the document supplied above. https://www.colliergov.net/modules/showdocument.aspx?documentid=45397 The following is a pic of the document referenced above. (XII)(XV) 13.Commercial Mixed Use Subdistrict: The purpose of this Subdistrict is to encourage the development and re-development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building. Such mixed-use projects are intended to be developed at a pedestrian-scale, pedestrian oriented, and interconnected with abutting projects —whether commercial or residential. Within one year of the effective date of regulation establishing this Subdistrict, the Land Development Code shall be amended, as necessary, to implement the provisions of this Subdistrict. ixini(xvpxxvq 14. Livinaston/Radio Road Commercial Infill Subdistrict: This Subdistrict consists of +5.0 acres located at the northwest corner of the intersection of Livingston Road and Radio Road. This Subdistrict allows for those permitted and conditional uses set forth in the Commercial Intermediate Zoning District(C-3)of the Collier County Land Development Code,in effect as of the effective date of adoption of this Subdistrict(adopted October 26.2004 by Ordinance No. 2004-71). The following conditional uses, as set forth in the C-3 district in the Land Development Code,shall not be allowed: 1. Amusements and recreation services(Groups 7911,7922 community theaters only,7933, 7993,7999 boat rental,miniature golf course,bicycle and moped rental,rental of beach chairs and accessories only.) 2. Homeless shelters,as defined by the Land Development Code,as amended. 3. Social Services(Groups 8322-8399). 4. Soup kitchens,as defined by the Land Development Code,as amended. To encourage mixed-use projects,this Subdistrict also permits residential development,when Located in a mixed-use building(residential uses over commercial uses). Such residential development is allowed at a maximum density of 16 dwelling units per acre. The gross acreage of the project is used in calculating residential density. The purpose of this Subdistrict is to provide services.including retail uses,to surrounding residential areas within a convenient travel distance to the subject property. These uses are not an • The following spreadsheet shows some other Auto condo,with their web sites, zoning restriction and locations. 9 s Name of web site of Garages Web site of Zoning Locations Garages My Other http://myotherplace.us/ North Naples Technology Park—Industrial Park Old rte 41 Place Naples, Fl Iron Gate http://www.irongatemotorcondos.com/ Industrial Zoning 2212 Ferry Motor http://www.loopnet.com/Listing/16827014/2212- Rd Condo Ferry-Rd-Naperville-IL/ Naperville, IL 60563 Motorplex http://automotorplex.com/ Industrial Zoning 1750 http://www.ci.chanhassen.mn.us/index.aspx?NID=814 Motorplex Court Chanhassei MN 55317 GarageTown http://www.garagetownaz.com/locations/ Industrial zone 291 E. http://www.loopnet.com/Listing/18759012/291-E- Ocotillo Ocotillo-Rd-49-and-66-Chandler-AZ/ Road Chandler, AZ 85249 Park Place http://www.parkplacesecure.com/ Industrial zone 2021 FL-84 car condo http://www.loopnet.com/Listing/15883706/2021-W- Fort Sate-Road-84-Fort-Lauderdale-FL/ Lauderdale FL 33315 The car condo below is in an Industrial park in North Naples after 2 years of development. This would not be good either. (I actually went up there and took these pictures.) '�.�� .,4, O s to a ,,%_:,:, Pictures of My Other Place . ;, ,�d. ..=C1'`4' 2 years after they started building This is across the street. • FLU -- Na cch& C0rY1mcrctc ‘'S 9 A (-e.Stole " c€ c evn ,�,.�; �� h�s S c 5-vo - Fc o c- W a,-e tnc;u-e d. Office uses will be capped at a maximum of 4,250 square feet per acre for the total K project. La e. Residential development for multi-family dwelling units will be subject to a maximum of 15 dwelling units per acre for the total project. f. Maximum lot coverage for buildings is capped at 35%for the total project. g. No more than 25% of the total built square footage will be devoted to single story buildings. h. Primary entrances to all retail and commercial uses shall be designed for access from the interior of the site. Buildings fronting on Airport Road will provide i. secondary accesses facing the street. j. All four sides of each building must be utilized in a common architectural theme. k. A residential component equal to at least 25% of the allowable maximum density must be constructed before completion of an aggregate total of 40,000 square feet retail or office uses. I. Residential units may be located throughout the Subdistrict. m. Integration of residential and office or retail uses in the same building is encouraged.A minimum of 40% of the commercial square footage shall be within mixed use buildings (residential and commercial). n. Pedestrian connections are encouraged to all perimeter properties. o. No building footprint will exceed 15,000 square feet. Common stairs, breezeways or elevators may join individual buildings. p. No building shall exceed three stories in height with no allowance for under building parking. q. Drive-through establishments will be limited to banks with no more than three drive- through lanes; these drive-through lanes must be architecturally integrated into the main building. r. No gasoline service stations will be permitted s. All buildings will be connected with pedestrian features. t. A twenty-foot wide landscape Type D buffer shall be required along Airport-Pulling Road. A twenty-foot wide Type C landscape buffer shall be required along all other perimeter property lines. u. Parking areas must be screened from Airport-Pulling Road and from any properties adjacent to this Subdistrict. (XII)(XV) 13.Commercial Mixed Use Subdistrict: The purpose of this Subdistrict is to encourage the development and re-development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building. Such mixed-use projects are intended to be developed at a pedestrian-scale, pedestrian oriented, and interconnected with abutting projects—whether commercial or residential. Within one year of the effective date of regulation establishing this Subdistrict, the Land Development Code shall be amended, as necessary, to implement the provisions of this Subdistrict. Projects utilizing this Subdistrict shall comply with the following standards and criteria: 1. This Subdistrict is applicable to the C-1 through C-3 zoning districts, and to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C-1 through C-3 zoning districts. (XV)=Plan Amendment by Ordinance No. 2007-18 on January 25,2007 41 • • 2. Commercial uses and development standards shall be in accordance with the 9 A commercial zoning district on the subject property. 3.1 'de'ri is ensi is calculated based upon the gross commercial project acreage. For property in the Urban Residential Fringe Subdistrict, density shall be as limited by that Subdistrict. For property not within the Urban Residential Fringe Subdistrict, but within the Coastal High Hazard Area, density shall be limited to four dwelling units per acre; density in excess of three dwelling units per acre must be comprised of affordable- workforce housing in accordance with Section 2.06.00 of the Land Development Code, Ordinance No. 04-41, as amended. For property not within the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard Area, density shall be limited to sixteen dwelling units per acre; density in excess of three dwelling units per acre and up to eleven dwelling units per acre must be comprised of affordable-workforce housing in accordance with Section 2.06.00 of the Land Development Code, Ordinance No. 04-41, as amended. 4. In the case of residential uses located within a building attached to a commercial building, or in the case of a freestanding residential building, building square footage and acreage devoted to residential uses shall not exceed seventy percent(70%) of the gross building square footage and acreage of the project. 5. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged. (xuq(xv)pocvq 14. Livingston/Radio Road Commercial Infill Subdistrict: This Subdistrict consists of +5.0 acres located at the northwest corner of the intersection of Livingston Road and Radio Road. This Subdistrict allows for those permitted and conditional uses set forth in the Commercial Intermediate Zoning District (C-3) of the Collier County Land Development Code, in effect as of the effective date of adoption of this Subdistrict (adopted October 26, 2004 by Ordinance No. 2004-71). The following conditional uses, as set forth in the C-3 district in the Land Development Code, shall not be allowed: 1. Amusements and recreation services (Groups 7911, 7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only.) 2. Homeless shelters, as defined by the Land Development Code, as amended. 3. Social Services (Groups 8322-8399). 4. Soup kitchens, as defined by the Land Development Code, as amended. To encourage mixed-use projects, this Subdistrict also permits residential development, when Located in a mixed-use building (residential uses over commercial uses). Such residential development is allowed at a maximum density of 16 dwelling units per acre. The gross acreage of the project is used in calculating residential density. The purpose of this Subdistrict is to provide services, including retail uses, to surrounding r within a convenient travel distance to the subie_ct property:UThese uses are not an en i emen , nor is a maximum Otis-4— or residential uses in a mixed use building. Such uses, and residential density, will be further evaluated at the time of the rezoning application to insure appropriateness in relation to surrounding properties. (XXVI)= Plan Amendment by Ordinance No. 2011-27 on September 13,2011 42 9A The maximum development intensity allowed is 50,000 square feet of building area for commercial uses with a maximum height of three(3) stories, not to exceed 35 feet. However, for mixed-use buildings—those containing residential uses over commercial uses—the maximum height is four (4) stories, not to exceed 45 feet. Access to the property within the Subdistrict may be permitted from Radio Road, Market Avenue and Livingston Road. Any access to Livingston Road shall be limited to right-in, right-out access. Further, access shall be consistent with the Collier County Access Management Policy in effect at the time of either rezoning or Site Development Plan application, whichever policy is the more restrictive. (XV)(xxv)(xxvII) 15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict The purpose of this Subdistrict is to provide primarily for neighborhood commercial development at a scale not typically found in the Mixed Use Activity Center Subdistrict. The intent is to provide commercial uses to serve the emerging residential development in close proximity to this Subdistrict, and to provide employment opportunities for residents in the surrounding area. Allowable uses shall be a variety of commercial uses as more particularly described below, and mixed use(commercial and residential). Prohibited uses shall be gas stations and convenience stores with gas pumps, and certain types of fast food restaurants. This Subdistrict consists of two parcels comprising approximately 17 acres, located on the north side of Vanderbilt Beach Road and east of Livingston Road, as shown on the Subdistrict Map. For mixed-use development, residential density shall be limited to sixteen dwelling units per acre. Residential density shall be calculated based upon the gross acreage of the Subdistrict parcel on which it is located (Parcel 1 or Parcel 2). Rezoning of the parcels comprising this Subdistrict is encouraged to be in the form of a PUD, Planned Unit Development. At the time of rezoning, the applicant must include architectural and landscape standards for each parcel. (XXVII) a. Parcel 1 This parcel is located at the intersection of Livingston Road and Vanderbilt Beach Road. A maximum of 100,000 square feet of gross leasable floor area for commercial uses may be allowed. Allowable uses shall be the following, except as prohibited above: retail, personal service, restaurant, office, and all other uses as allowed, whether by right or by conditional use, in the C-1 through C-3 zoning districts as set forth in the Collier County Land Development Code, Ordinance 04-41, as amended, in effect as of the date of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005); other comparable and/or compatible land uses not found specifically in the C-1 through C-3 zoning districts, limited to: general and medical offices, government offices, financial institutions, personal and business services, limited indoor recreational uses, and limited retail uses; mixed-use development (residential and commercial uses). The maximum floor area for any single commercial user shall be 20,000 square feet, except for a grocery/supermarket, physical fitness facility, craft/hobby store, home furniture/furnishing store, or department store use, which shall not exceed a maximum of 50,000 square feet. (XV) b. Parcel 2 This parcel is located approximately % mile east of Livingston Road and is adjacent to multifamily residential uses. A maximum of 80,000 square feet of gross leasable floor area for commercial uses may be allowed. Allowable uses shall be the following, except as prohibited above: General and medical offices, community facilities, and business and personal services, all as allowed, whether by right or by conditional use, in the C-1 through C-3 zoning districts as set forth in the Collier County Land Development Code, Ordinance 04-41, as amended, in effect as of the date of adoption of this Subdistrict(Ordinance No. 2005-25 adopted on June 7, 2005). The maximum floor area for any single commercial user shall be 20,000 square feet. (XXVI)(XXVII) =Plan Amendment by Ordinance No. 2011-27, 2011-28 on September 13, 2011 43 COLLIER COUNTY " A GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared By Collier County Planning Services Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Symbol Date Amended Ordinance No. ** May 09,2000 Ordinance No.2000-25 *** May 09,2000 Ordinance No.2000-26 (I) May 09,2000 Ordinance No.2000-27 (II) May 09,2000 Ordinance No.2000-30 (III) May 09,2000 Ordinance No.2000-33 (IV) December 12,2000 Ordinance No.2000-87 **** March 13,2001 Ordinance No.2001-11 (V) March 13,2001 Ordinance No.2001-12 (VI) May 14,2002 Ordinance No.2002-24 (VII) October 22,2002 Ordinance No.2002-54 (VIII) February 11,2003 Ordinance No.2003-07 (IX) June 19,2002 Ordinance No.2002-32 (X) September 09,2003 Ordinance No.2003-43 (XI) September 10,2003 Ordinance No.2003-44 (XII) December 16,2003 Ordinance No.2003-67 (XIII) October 26,2004 Ordinance No.2004-71 (XIV) June 07,2005 Ordinance No.2005-25 (XV) January 25,2007 Ordinance No.2007-18 (XVI) December 4,2007 Ordinance No.2007-78 (XVII) December 4,2007 Ordinance No.2007-79 (XVIII) October 14,2008 Ordinance No.2008-55 (XIX) October 14,2008 Ordinance No.2008-57 (XX) October 14 2008 Ordinance No.2008-58 (XXI) October 14,2008 Ordinance No.2008-59 (XXII) July 28,2010 Ordinance No.2010-33 (XXIII) July 28,2010 Ordinance No.2010-34 (XXIV) December 14,2010 Ordinance No.2010-49 (XXV) September 13,2011 Ordinance No.2011-26 (XXVI) September 13,2011 Ordinance No.2011-27 (XXVII) September 13,2011 Ordinance No.2011-28 (XXVIII) October 25,2011 Ordinance No.2011-40 (XXIX) April 24,2012 Ordinance No.2012-16 * Indicates adopted portions ** Ordinance No.2000-25,rescinded and repealed in its entirety Collier County Ordinance No.99-63,which had the effect of rescinding certain EAR-based(1996 EAR)objectives and policies at issue in Administration Commission Case No.ACC-99-02(DOAH Case No.98-0324GM). *** Ordinance No.2000-26,amended Ordinance No.89-05,as amended,the Collier County Growth Management Plan,having the effect of rescinding certain EAR-based(1996 EAR)objectives and policies at issue in Administration Commission Case No.ACC-99-02(DOAH Case No.98-0324GM),more specifically portions of the Intergovernmental Coordination Element(Ord.No.98-56),Natural Groundwater Aquifer Recharge Element(Ord.No.97-59)and Drainage(Ord.No.97-61)sub-elements of the Public Facilities Element,Housing Element(Ord.No.97-63),Golden Gate Area Master Plan(Ord.No.97-64),Conservation and Coastal Management Element(Ord.No.97-66),and the Future Land Use Element and Future Land Use Map(Ord.No.97-67);and re-adopts Policy 2.2.3 of the Golden Gate Area Master Plan. **** Scrivener's Error Ordinance correcting omissions on Future Land Use Map The above Ordinance No.2002-24 was adopted on May 14,2002.However,due to legal challenge to Petition CP-2002- 2,Buckley Mixed Use Subdistrict,that Subdistrict did not become effective until the Florida Department of Community Affairs issued its Final Order on May 8,2003. The above Ordinance No.2002-32 was adopted on June 19,2002. However,due to legal challenges,it did not • become effective until the Florida Department of Community Affairs issued its Final Order on July 22,2003. The above Ordinance No.2007-18 is based on the 2004 EAR,Evaluation and Appraisal Report Also,Neutral Lands • within North Belle Meade Overlay has been revised to remove text found Not In Compliance by DCA pertaining to Section 24(T49S,R26E). The above Ordinance 2010-49 is based on remedial amendment CPR-2010-4 Neutral Lands within North Belle Meade • Overlay and has been found In Compliance by DCA pertaining to Section 24(T49S,R26E). Note: The support document will be updated as current information becomes available. (XXIX)= Plan Amendment by Ordinance No.2012-16 on April 24, 2012 Chapter 553 - 2012 Florida Statutes - The Florida Senate Page 1 of 1 The Florida Senate 9 A 2012 Florida Statutes Title XXXIII Chapter 553 PART II REGULATION OF TRADE, BUILDING CONSTRUCTION ACCESSIBILITY BY COMMERCE,INVESTMENTS, STANDARDS HANDICAPPED PERSONS AND SOLICITATIONS (ss.553.501-553.514) Entire Chapter PART II ACCESSIBILITY BY HANDICAPPED PERSONS 553.501 Short title. 553.502 Intent. 553.503 Adoption of federal standards. 553.504 Exceptions to applicability of the federal standards. 553.5041 Parking spaces for persons who have disabilities. 553.505 Exceptions to applicability of the Americans with Disabilities Act. 553.506 Powers of the commission. 553.507 Applicability. 553.508 Architectural barrier removal. 553.509 Vertical accessibility. 553.511 Parking facilities;minimum height clearance requirement. 553.512 Modifications and waivers;advisory council. 553.513 Enforcement. 553.514 Americans with Disabilities Act Standards for Accessible Design. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright©2000- 2016 State of Florida. https://www.flsenate.gov/Laws/Statutes/2012/Chapter553/PART_II/ 01/09/16 � �� CU S j ► U 0� � � cx I �L 9A CHAPTER 2: SCOPING REQUIREMENTS 201 Application 201.1 Scope. This code establishes standards for accessibility to places of public accommodation and commercial facilities by individuals with disabilities. This • : . ply: to state and local government facilities pursuant to Section 553.503, F.S. to private clubs •ursuant to Section 553.505, F.S.; and to residential buildings pursuant to Section 553. r. , . ., •nd the ADA Standards for Accessible Design. All new or altered public buildings and facilities, private buildings and facilities, places of public accommodation and commercial facilities subject to this code shall comply with this code. This code applies to: All areas of newly designed and newly constructed buildings and facilities as determined by the ADA Standards for Accessible Design; portions of altered buildings and facilities as determined by the ADA Standards for Accessible Design; a building or facility that is being converted from residential to nonresidential or mixed use as defined by the Florida Building Code where such building or facility must, at a minimum, comply with s. 553.508, F.S., and the requirements for alterations as determined by the ADA Standards for Accessible Design; buildings and facilities where the original construction or any former alteration or renovation was carried out in violation of applicable permitting law. 201.1.1 Vertical accessibility. Sections 553.501-553.513, F.S =and the ADA Standards for Accessible Design do not relieve the owner of any building, structure or facility governed by those sections from the duty to provide vertical accessibility to all levels above and below the occupiable grade level regardless of whether the Standards require an elevator to be installed in such building, structure or facility, except for: (1) Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks and automobile lubrication and maintenance pits and platforms. (2) Unoccupiable spaces, such as rooms, enclosed spaces and storage spaces that are not designed for human occupancy, for public accommodations or for work areas. (3) Occupiable spaces and rooms that are not open to the public and that house no more than five persons, including, but not limited to equipment control rooms and projection booths. (4) Theaters, concert halls, and stadiums, or other large assembly areas that have stadium-style seating or tiered seating if sections 221 and 802 are met. (5) All play and recreation areas if the requirements of chapter 10 are met. (6) All employee areas as exempted by 203.9. (7) Facilities, sites and spaces exempted by section 203. Buildings, structures and facilities must, at a minimum, comply with the requirements of the ADA Standards for Accessible Design. Advisory 201.1 Scope. These requirements are to be applied to all areas of a facility unless exempted, or where scoping limits the number of multiple elements required to be accessible. For example, not all medical care patient rooms are required to be accessible; those that are not required to be accessible are not required to comply with these requirements. However, common use and public use spaces such as recovery rooms, examination rooms, and cafeterias are not exempt from these requirements and must be accessible. i-e-D 9 A November 19,2015 MR.BELLOWS: Yes. CHAIRMAN STRAIN: An outdoor space that meets the code. And if it's--yeah,okay. You understand what we're getting at? MR.BELLOWS: Yes. CHAIRMAN STRAIN: This has got to come--and is there a second? COMMISSIONER ASSAAD: I want to see if he accepts an amendment to the motion before I second it. CHAIRMAN STRAIN: Okay. COMMISSIONER ASSAAD: Would you accept an amendment to limit the square footage to the original in the PUD? COMMISSIONER CHRZANOWSKI: No,I wouldn't.Why do you want to do that? COMMISSIONER ASSAAD: It just seems like it shows good will and compliance with the PUD, the existing PUD. It gives a level of comfort to the neighborhood,and I think the county has made--is about to make a lot of concessions to accommodate this development. I think it's a good development,and you-all are commended for your presentations. But the county seems to extend or willing to extend a lot of accommodations to make this happen,and that would be a small show of faith or just showed that they intend to comply and be good neighbors and get along. COMMISSIONER CHRZANOWSKI: I think they've made a lot of concessions already. COMMISSIONER ASSAAD: Okay. COMMISSIONER HOMIAK: I'll second the motion the way it is. CHAIRMAN STRAIN: Okay. And now discussion? Ray,what is the standard FAR for across the county,generally,for commercial? MR.BELLOWS: Well,FARs aren't-- CHAIRMAN STRAIN: I mean--I know,but we use them in the rural fringe,we use them in the Rural Land Stewardship Area,and I believe the number's 2.5. It's one of those rhetorical questions again. MR.BELLOWS: Yes. CHAIRMAN STRAIN: If it is.25,if you take the amount of square footage that would have gone under normal conditions,we would have ended up with quite a bit more square footage,over almost a million--a lot more square footage. Pm going to run that number again. Ray,would you mind--if you take a.25 FAR times 15.99,what do you come up with? MR.BELLOWS: You said an FAR of.02? CHAIRMAN STRAIN: .25. MR.BELLOWS: Times? CHAIRMAN STRAIN: Yeah,I come up with 174,000,so we're pretty close to the FAR that is-- MR.JOHNSON: I think he wants to hear the parameters of what you're saying; 15.99-- CHAIRMAN STRAIN: I'm just trying to understand how the FAR in the—.20 in the PUD compares to what we see built out across the county. It's lower than what we normally see on a commercial project,if I'm not mistaken. That's all I was wondering. MR.BELLOWS: Yes. COMMISSIONER EBERT: So we shouldn't have a problem with it? CHAIRMAN STRAIN: Well,it's not a problem so much as the difficulty this whole project's been, to be honest with you. Anyway,you have a motion and a second. Discussion? Does anybody have any discussion they want to add? response.) CHAIRMAN STRAIN:,I'm going to,I'm going to reluctantly support the motion. I'm very disappointed in the way this project has come about. The lack of,let's say,confirmation from county staff to the applicant,the lack of studies that we have asked for that we haven't gotten,the zoning comparisons that we typically see or we have seen in other projects in the past that didn't appear in this one,the fact that a lot of this stuff had to come at a late date and had to be worked out where it should have all been worked out ahead of time. Page 60 of 62 November 19,2015 9 I thought this was one of the best projects I had seen when it first came to the county,and I actually said that in town meetings. I've shown it as man cave project,as something that is going to end up having values of 3-,$400,000 including the vehicles and fixings inside. So I saw this as a positive thing. And how it's come out a as negative in regards to the many concerns we've had has been a complete surprise to me and one I didn't expect and one that's very disappointing. So I am going to support the motion. I don't--I wish we had gotten here in a different way. I wish things had come out a little differently and we hadn't had to go through this process to get here. But I do think it's a better use than the Lowe's or the strip center for the most affected parties,which are the people in that Dover project,because the Dover project is the one most affected by this. This property's been sitting here for 40 years,never built on for commercial. It had two SDPs,and I believe the reason it wasn't built on,it just wouldn't work in that area,so I think the developers have realized that it just isn't going to work there. So with that,I'll still favor the motion. Anybody else? (No response.) CHAIRMAN STRAIN: All in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMIVIISSIONER HOMIAK: Aye. COMMISSIONER ASSAAD: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6--we've got a 6-0? Yeah,6-0 today. Thank you,Fred. It was a surprising turnaround,but we're done for today. Thank you-all. COMMISSIONER HOMIAK: Do we want to do consent? CHAIRMAN STRAIN: Oh,yeah. Let's talk about consent. Thank you. I suggest strongly this come back on consent,and is there a motion for it to do that. COMMISSIONER EBERT: I make a motion. CHAIRMAN STRAIN: Diane. Second by? COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: Karen. All in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER ASSAAD: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. It will be coming back on consent. Thank you all. MR.HOOD: Consent date is two weeks from today? CHAIRMAN STRAIN: As fast as you can get the documentation to staff. MR.HOOD: We'll get it to you ASAP,Ray and Eric. CHAIRMAN STRAIN: Okay. As far as old business,there isn't any listed. New business? None listed. Any additional public comment? Nobody's here. And is there a motion to adjourn? Page 61 of 62 COMMUNITY 9 Zoning code violations at Marco Island's Progressive Auto Car Condo nonexistent, investigation concl v.,„,_- c ikt,c, A4E .i ' '' Ytr.;t£tC°v. 10 vr ' ,,. - / 6 \ f / "#. ..,X ' rnrra,tbossh""'c 4. ' !!Mill ; 0 I Ile ♦ t�)tie .,w l Joe Irvin, interim community affairs director,wrote on Jan. 13 that he found no manufacturing violations during a visit on Dec. 10 to the Summit Boss Hoss dealership in the Progressive Auto Car Condo. Submitted By Cheryl Ferrara: Jan. 28, 2014 Marco Island's Code Enforcement released findings Sunday on three zoning complaints at Progressive Auto's Car Condo, 720 Bald Eagle Drive. Joe Irvin, interim community affairs director, wrote on Jan. 13 that none of the complaints reflected code violations. On Dec. 4, Marco police and Irvin began investigating complaints made by attorney Doug Lewis. The complaints alleged motorcycle manufacturing took place at the car condo without a zoning certificate, and a gun shop and gun range at the site were not permitted uses in C-4 zoning. Irvin made a site visit on Dec. 10. The report from that visit indicated owners, Mike Kelly, Sr., and Mike Kelly, Jr., voluntarily consented to the inspection. Photos of the facility were taken to determine if motorcycle manufacturing took place on the premises. Irvin said there was no evidence indicating motorcycles were manufactured there. Lewis alleged that a 6,000-square-foot service and fabrication area produced hot-rod style motorcycles. He said the business had not applied for a city zoning certificate to do the work. 9A Mike Kelly, Jr., told Irvin painting of motorcycle parts was done in Sanford, Fla., for the Summit Boss Hoss dealership, located in the building. Chrome work, he said, was done in California. Irvin concluded no permit was necessary because no manufacturing existed; and thus,the property had not violated zoning codes. The second complaint alleged Technical Solutions, located inside the 720 Bald Eagle Drive building and operated by Chris Sparacino, manufactured firearms as part of its firearm sales and police supplies. Sparacino works as a planner and floodplain coordinator for Marco Island's Community Affairs Department. Lewis told the city he based the complaint on a Federal Bureau of Alcohol, Tobacco and Firearms' type 7 license he believed Sparacino had obtained. The ATF extends the license to manufacturers of firearms and ammunition that may also act as dealers. During the Dec. 10 inspection, Irvin concluded the gun shop was permitted within the C-4 zoning district. Lewis questioned other aspects of the gun shop including fire inspections, impact fees and sufficient parking. Irvin did not address them in his report. A final complaint questioned a gun range, operated by Kelco of Marco, Inc., on the first floor of the car condo building. During the inspection, Irvin learned from the Kelly family that the gun range was for personal use and not open to the public. Irvin also concluded that the"gun range/bullet stop encapsulation block"used at the location was allowed in C-4 zoning. The Dec. 10 inspection was the second requested by Lewis. A letter written on June 27 confirms that Irvin inspected the car condo on June 24 to determine if public storage took place in the building. During the June 24 inspection, Irvin said he and others inspected all six floors of the building. The letter said floors 1-3 were owned by Kelco of Marco, Inc, Progressive Auto Management and Progressive Auto Management, Inc. (the Kelly family) respectively. Floors 4-6 were owned by other companies and individuals. Irvin concluded that no public storage occurred within the building. Marco Island City Councilor Amadeo Petricca and Bryan Milk, former community affairs director, accompanied Irvin on the June 24 inspection. On July 26, Lewis requested an official opinion on storage at the car condo. Lewis represents the owners of two storage facilities in the city's C-5 zoning district. An official interpretation written by Bryan Milk concluded that storage was permitted in the Progressive Auto building. Lewis appealed the interpretation and asked Marco Island's City Council to hear his position. On Jan. 3, Milk was fired for failure to disclose a business relationship with Mike and Lisa Kelly of Progressive Auto while evaluating land use matters that could affect them. His dismissal was issued by Interim City Manager Guillermo Polanco. City council heard Lewis' appeal on Jan. 6. In a complete change of course, Irvin reversed Milk's official opinion on storage at the car condo, saying it did not comply with C-4 zoning ordinances. Richard Yovanovich, who represents Mark Small, an owner in the car condo, told council he was not happy with the reversal. He said he and his client would appeal the revised interpretation once it is written. 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