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HEX Backup 01/26/2017 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS JANUARY 26, 2017 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,JANUARY 26,2017 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WANED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: January 12,2017 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20160001163 — Stock Development, LLC requests an insubstantial change to Ordinance No. 92-15, the Lely, A Resort Community PUD, to amend Section XV, Deviations from the LDC, by deleting one deviation relating to signage, adding four new deviations relating to signage, and adding new exhibits relating to the deviations. These changes apply only to 9-acre tract designated as `C-2' on the northwest corner of Tamiami Trail East and Triangle Boulevard, the 9-acre tract designated as `C-2' on the southwest corner of Collier Boulevard and Grand Lely Drive, and the 2.32- acre tract designated as `C-2' on the northwest corner of Triangle Boulevard and Celeste Drive, as depicted on the Exhibit H Master Plan. The subject PUD property consists of 2,892± acres, located between U.S.41 and Rattlesnake-Hammock Road west of C.R. 951, in Sections 21, 22, 27, 28 , 33 and 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East, Collier County,Florida. [Coordinator: Fred Reischl,Principal Planner] B. PETITION NO. PDI-PL20160002759-Racetrac Petroleum,Inc.requests an insubstantial change to Ordinance No. 03-40, as amended, the Heritage Bay PUD, to amend Section I, Legal Description, Property Ownership and General Description, by adding three new sign deviations for the parcel described as Lot 4, Heritage Bay Commons Tract D Replat. The subject PUD property consists of 2,562± acres, located on the northeast of corner of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951),in Sections 13, 14,23, and 24,Township 48 South, Range 26 East, Collier County,Florida. [Coordinator:Eric Johnson,AICP,CFM,Principal Planner] C. PETITION NO. CU-PL20160001380 — 1080 Central LLC requests a Conditional Use to allow a motor freight transportation and warehousing (4225, air conditioned and mini-and self storage warehousing only) use within a C-4 (General Commercial) zoning district pursuant to Section 2.03.03.D.1 c.24 of the Collier County Land Development Code for a 2.44±acre property located on the north side of Tamiami Trail East, approximately one-third mile west of Broward Street, in Section 29, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Daniel J. Smith, AICP, Principal Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN HEX 1 -26-2017 PDI—PL20160001163 Ann P. Jennejohn LELY COMMUNITY PUD TRACT "C-2" From: KulakPatricia <PatriciaKulak@colliergov.net> Sent: Tuesday, December 27, 2016 1:19 PM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet, Virginia; Rodriguez,Wanda; Reischl, Fred Subject: Advertisement Request PL20160001163 HEX Attachments: 2x3 map.pdf;Ad Request.docx; Signed Ad Request.pdf Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 December 27, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 6, 2017,and furnish proof of publication to the attention of Fred Reischl, Senior Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section} FUND& COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 PaElc0 pit P11.114 Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,January 26th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: PETITION NO. PDI-PL20160002044 — WILTON LAND COMPANY, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 2007-30, AS AMENDED, THE HAMMOCK PARK COMMERCE CENTRE CPUD, TO REDUCE THE MINIMUM PERIMETER PUD SETBACK FOR ACCESSORY USES TO 10 FEET, AND TO ADD A DEVIATION TO ALLOW ACCESSORY STRUCTURES TO BE CONSTRUCTED PRIOR TO CONSTRUCTION OF A PRINCIPAL USE, ONLY FOR TWO PROPOSED ACCESSORY TOWER STRUCTURES LOCATED ALONG THE WESTERN PUD BOUNDARY AS DEPICTED ON EXHIBIT C-1 AND FURTHER SHOWN ON EXHIBIT C-2. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD INTERSECTION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.99±ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida r 130 11 N t. G 0 ZA N o �y O \I 0 /77 w‘ell CO Ann P. Jennejohn Importance: High From: Rodriguez,Wanda Sent:Tuesday, December 27, 2016 1:49 PM To: Minutes and Records<MinutesandRecords@collierclerk.com>; Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; <PatriciaKulak@colliergov.net> Cc: Reischl, Fred <FredReischl@colliergov.net>; Bellows, Ray<RayBellows@colliergov.net>; Stone, Scott <ScottStone@colliergov.net>; Ashton, Heidi <HeidiAshton@colliergov.net> Subject: re:Advertisement Request PL20160001163 HEX Importance: High Ann, This is the WRONG title for this item. Please do not process this request until a revised version is submitted. Patty, The title is incorrect. The wrong title was somehow entered in Report Manager for this item. See below that the petition numbers are different: PL20160001163 Lely Signage FredReischl PETITION NO. PDI-PL20160002044— WILTON LAND COMPANY, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 2007-30, AS AMENDED, THE HAMMOCK PARK COMMERCE CENTRE CPUD, TO REDUCE THE MINIMUM PERIMETER PUD SETBACK FOR ACCESSORY USES TO 10 FEET, AND TO ADD A DEVIATION TO ALLOW ACCESSORY STRUCTURES TO BE CONSTRUCTED PRIOR TO CONSTRUCTION OF A PRINCIPAL USE, ONLY FOR TWO PROPOSED ACCESSORY TOWER STRUCTURES LOCATED ALONG THE WESTERN PUD BOUNDARY AS DEPICTED ON EXHIBIT C-I AND FURTHER SHOWN ON EXHIBIT C-2. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD INTERSECTION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.99±ACRES. Since PDI-PL20160002044 was already heard by the Hearing Examiner, I believe the correct title here should be the one for PL20160001163. Wanda Rodriguez, ACP Advanced Certified ParafegaC Office of the County Attorney (239)252-8400 From: KulakPatricia Sent: Tuesday, December 27, 2016 1:19 PM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; ReischlFred Subject: Advertisement Request PL20160001163 HEX Good Afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Ann P. Jennejohn To: Rodriguez, Wanda Subject: RE:Advertisement Request PL20160001163 HEX From: Rodriguez, Wanda Sent:Wednesday, December 28, 2016 1:31 PM To: Minutes and Records<MinutesandRecords@collierclerk.com>; Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Cc: Reischl, Fred <FredReischl@colliergov.net>; KulakPatricia <PatriciaKulak@colliergov.net>; Stone, Scott <ScottStone@colliergov.net>; Ashton, Heidi <HeidiAshton@colliergov.net>; Bellows, Ray<RayBellows@colliergov.net> Subject: re: Advertisement Request PL20160001163 HEX Ann, The ad request as now attached is good to go. Thank you! 'Wanda Rodriguez, ACT Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: ReischlFred Sent: Wednesday, December 28, 2016 1:26 PM To: RodriguezWanda; KulakPatricia Cc: StoneScott; AshtonHeidi; BellowsRay; Minutes and Records Subject: RE: Advertisement Request PL20160001163 HEX Revised ad request attached. From: RodriguezWanda Sent: Wednesday, December 28, 2016 10:54 AM To: ReischlFred <FredReischl@colliergov.net>; KulakPatricia <PatriciaKulak@colliergov.net> Cc:StoneScott<ScottStone@colliergov.net>; AshtonHeidi<HeidiAshton@colliergov.net>; BellowsRay <RayBellows@colliergov.net>; Minutes and Records<MinutesandRecords@collierclerk.com> Subject: RE:Advertisement Request PL20160001163 HEX Fred, The title in your ad request doesn't match the most recent title I found in our files. See comments on the attached request, and compare your title with the one I sent Patty yesterday. If you have a more recent one that Scott or Kathy has sent you, please let me know. 'Wanda Rodriguez, ACP Advanced Certified Para(egaC Office of the County Attorney (239)252-8400 From: ReischlFred Sent: Wednesday, December 28, 2016 10:06 AM To: RodriguezWanda; KulakPatricia Cc: StoneScott; AshtonHeidi; BellowsRay; Minutes and Records Subject: RE: Advertisement Request PL20160001163 HEX 1 Sorry for all the confusion! My fault. Attached should be the correct version. -Fred From: RodriguezWanda Sent:Tuesday, December 27, 2016 2:40 PM To: KulakPatricia <PatriciaKulak@colliergov.net> Cc:StoneScott<ScottStone@colliergov.net>; AshtonHeidi<HeidiAshton@colliergov.net>; ReischlFred <FredReischl@colliergov.net>; BellowsRay<RayBellows@colliergov.net> Subject: RE: Advertisement Request PL20160001163 HEX Patty, That's fine. In order to keep this item on the 1/26/17 HEX hearing date, the very latest that the ad request can be submitted is this Thursday morning (due to New Year's closure). If for some reason Fred doesn't come in tomorrow let's discuss further. Wanda Rodriguez, ACP .Advanced Certified TaraCegai Office of the County.Attorney (239)252-8400 From: KulakPatricia Sent: Tuesday, December 27, 2016 2:34 PM To: RodriguezWanda Cc: StoneScott; AshtonHeidi; ReischlFred; BellowsRay Subject: RE: Advertisement Request PL20160001163 HEX Wanda, Just for safety I think it would be best to wait until tomorrow when Fred returns, I do not want any errors to interfere with the hearing date. Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net From: RodriguezWanda Sent: Tuesday, December 27, 2016 2:29 PM To: KulakPatricia Cc: StoneScott; AshtonHeidi; ReischlFred; BellowsRay Subject: RE: Advertisement Request PL20160001163 HEX Patty, I don't think it's your fault, but with Fred and Scott both out today it's a little difficult to sort out what happened here. The wording of the title is definitely not the same for the two petition numbers. Attached is the Word document showing the most recent title language in our files for Petition No. PDI-PL20160001163. It's your call whether you feel comfortable making the needed changes today or waiting for Fred's return tomorrow. Someone should probably also make sure any signage or letters reference the correct title language also. 2 Wanda Rodriguez, ACT Advanced Certified Taralegal Office of the County Attorney (239)252-8400 From: KulakPatricia Sent: Tuesday, December 27, 2016 2:00 PM To: RodriguezWanda Cc: Ann P. Jennejohn Subject: RE: Advertisement Request PL20160001163 HEX Yikes,Wanda I am so sorry I missed that! All of the wording seems to be correct so would you like me to resubmit with the correct PL number leading the title or wait until Fred returns tomorrow to finalize. Prior I thought he would be not back until January 3' but his email response says he will be returning tomorrow. Patty Kultak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak(Wcolliergov.net From: RodriguezWanda Sent: Tuesday, December 27, 2016 1:49 PM To: Minutes and Records; Ann P. Jennejohn; KulakPatricia Cc: ReischlFred; BellowsRay; StoneScott; AshtonHeidi Subject: re: Advertisement Request PL20160001163 HEX Importance: High Ann, This is the WRONG title for this item. Please do not process this request until a revised version is submitted. Patty, The title is incorrect. The wrong title was somehow entered in Report Manager for this item. See below that the petition numbers are different: PL20160001163 Lely Signage FredReischl PETITION NO. PDI-PL20160002044— WILTON LAND COMPANY, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 2007-30, AS AMENDED, THE HAMMOCK PARK COMMERCE CENTRE CPUD, TO REDUCE THE MINIMUM PERIMETER PUD SETBACK FOR ACCESSORY USES TO 10 FEET, AND TO ADD A DEVIATION TO ALLOW ACCESSORY STRUCTURES TO BE CONSTRUCTED PRIOR TO CONSTRUCTION OF A PRINCIPAL USE, ONLY FOR TWO PROPOSED ACCESSORY TOWER STRUCTURES LOCATED ALONG THE WESTERN PUD BOUNDARY AS DEPICTED ON EXHIBIT C-1 AND FURTHER SHOWN ON EXHIBIT C-2. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD INTERSECTION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.99±ACRES. Since PDI-PL20160002044 was already heard by the Hearing Examiner, I believe the correct title here should be the one for PL20160001163. 3 December 28, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 6, 20173 and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND &COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 Authorized Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., on Thursday,January 26, 2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples,FL 34104,to consider: PETITION NO. PDI-PL20160001163 — STOCK DEVELOPMENT, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 92-15, THE LELY, A RESORT COMMUNITY PUD, TO AMEND SECTION XV, DEVIATIONS FROM THE LDC, BY DELETING ONE DEVIATION RELATING TO SIGNAGE, AND ADDING NEW EXHIBITS RELATING TO THE DEVIATIONS. THESE CHANGES APPLY ONLY TO THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TAMIAMI TRAIL EAST AND TRIANGLE BOULEVARD, THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE SOUTHWEST CORNER OF COLLIER BOULEVARD AND GRAND LELY DRIVE, AND THE 2.32-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TRIANGLE BOULEVARD AND CELESTE DRIVE, AS DEPICTED ON THE EXHIBIT H MASTER PLAN. THE SUBJECT PUD PROPERTY CONSISTS OF 2,892±ACRES,LOCATED BETWEEN U.S.41 AND RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. 951,IN SECTIONS 21,22,27,28,33 AND 34, TOWNSHIP 50 SOUTH,RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section,2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida n XI oor 7(n(D-1-L1)3:1 o � z -11 •••• 0 73 ' r BLVD CoII �e t Account #076397 Corporate Reference #507876 December 28, 2016 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PDI-PL20160001163, Display Notice w/Map Dear Legals, Please advertise the above referenced notice w/MAP on Friday, January 6, 2017 and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500172052 December 28, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 6, 2017 and furnish proof of publication to the attention of the Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,January 26, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104, to consider: PETITION NO. PDI-PL20160001163 — STOCK DEVELOPMENT, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 92-15, THE LELY, A RESORT COMMUNITY PUD, TO AMEND SECTION XV, DEVIATIONS FROM THE LDC, BY DELETING ONE DEVIATION RELATING TO SIGNAGE, AND ADDING NEW EXHIBITS RELATING TO THE DEVIATIONS. THESE CHANGES APPLY ONLY TO THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TAMIAMI TRAIL EAST AND TRIANGLE BOULEVARD, THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE SOUTHWEST CORNER OF COLLIER BOULEVARD AND GRAND LELY DRIVE, AND THE 2.32-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TRIANGLE BOULEVARD AND CELESTE DRIVE, AS DEPICTED ON THE EXHIBIT H MASTER PLAN. THE SUBJECT PUD PROPERTY CONSISTS OF 2,892± ACRES, LOCATED BETWEEN U.S. 41 AND RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ii0 11111 \.......16 '234,, rod- err rO � N 0 O "'' 'Pw.G C� N NA Z aV „...S. o a .73,,,0„,1 � 5‘'vD Go\l‘ec m Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, December 28, 2016 2:52 PM To: legals@naplesnews.com Subject: PDI-PL20160001163 Display w/MAP Attachments: PDI-PL20160001163.doc; PDI-PL20160001163 .doc; PDI-PL20160001163.pdf Hi there, Please advertise the attached Notice (w/Map) ovt Friday, January 6, 2017. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustvinent Board Collier County Board Minutes & Records Dept. 2.39-252-8406 Fax 239-252-8408 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, December 29, 2016 9:15 AM To: Ann P. Jennejohn; Minutes and Records Cc: Reischl, Fred; KulakPatricia; Stone, Scott Subject: re: Advertisement Request PL20160001163 HEX Importance: High Ann, Our apologies, but another change must be made to this ad request. A more recent title has been found this morning, which we were unaware of. Please replace the title in the ad submitted yesterday with this one: PETITION NO. PDI-PL20160001163 - STOCK DEVELOPMENT, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 92-15, THE LELY, A RESORT COMMUNITY PUD, TO AMEND SECTION XV, DEVIATIONS FROM THE LDC, BY DELETING ONE DEVIATION RELATING TO SIGNAGE, ADDING FOUR NEW DEVIATIONS RELATING TO SIGNAGE, AND ADDING NEW EXHIBITS RELATING TO THE DEVIATIONS. THESE CHANGES APPLY ONLY TO THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TAMIAMI TRAIL EAST AND TRIANGLE BOULEVARD, THE 9- ACRE TRACT DESIGNATED AS `C-2' ON THE SOUTHWEST CORNER OF COLLIER BOULEVARD AND GRAND LELY DRIVE, AND THE 2.32-ACRE TRACT DESIGNATED AS 'C- 2' ON THE NORTHWEST CORNER OF TRIANGLE BOULEVARD AND CELESTE DRIVE, AS DEPICTED ON THE EXHIBIT H MASTER PLAN. THE SUBJECT PUD PROPERTY CONSISTS OF 2,892± ACRES, LOCATED BETWEEN U.S. 41 AND RATTLESNAKE- HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28 , 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Thank you for your assistance, Wanda Rodriguez, ACP Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: RodriguezWanda Sent: Wednesday, December 28, 2016 1:31 PM To: Minutes and Records; Ann P. Jennejohn Cc: ReischlFred; KulakPatricia; StoneScott; Ashton Heidi; BellowsRay Subject: re: Advertisement Request PL20160001163 HEX Ann, The ad request as now attached is good to go. Thank you! 1 Ann P. Jennejohn Subject: RE: PDI-PL20160001163 Display w/MAP From:Ann P.Jennejohn Sent:Thursday, December 29, 2016 9:48 AM To: 'Gori, Ivonne' <Ivonne.Gori@naplesnews.com> Subject: RE: PDI-PL20160001163 Display w/MAP Good Morning, Our County Attorney's Office has made a change to this ad I sent yesterday afternoon. They sent a new title paragraph, so I'm not even sure what was changed (hopefully vto ovte has started working OA the notice) I've attached a new title page & wrap; although the wrap I originally sent did not change. Please let me know if I can do anything else to help. Sorry for any inconvenience, Ivonne. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-Z52-8408 From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent: Wednesday, December 28, 2016 3:55 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: RE: PDI-PL20160001163 Display w/MAP Confirmed receipt. From:Ann P.Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Wednesday, December 28, 2016 2:52 PM To: NDN-Legals<legals@naplesnews.com> Subject: PDI-PL20160001163 Display w/MAP Hi there, Please advertise the attached Notice (w/Map) on Friday, January 6, 2017. 1 December 28, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 6, 2017, and furnish proof of publication to the attention of the Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,January 26, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104, to consider: PETITION NO. PDI-PL20160001163 — STOCK DEVELOPMENT, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 92-15, THE LELY, A RESORT COMMUNITY PUD, TO AMEND SECTION XV, DEVIATIONS FROM THE LDC, BY DELETING ONE DEVIATION RELATING TO SIGNAGE, ADDING FOUR NEW DEVIATIONS RELATING TO SIGNAGE, AND ADDING NEW EXHIBITS RELATING TO THE DEVIATIONS. THESE CHANGES APPLY ONLY TO THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TAMIAMI TRAIL EAST AND TRIANGLE BOULEVARD, THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE SOUTHWEST CORNER OF COLLIER BOULEVARD AND GRAND LELY DRIVE, AND THE 2.32-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TRIANGLE BOULEVARD AND CELESTE DRIVE, AS DEPICTED ON THE EXHIBIT H MASTER PLAN. THE SUBJECT PUD PROPERTY CONSISTS OF 2,892+ ACRES, LOCATED BETWEEN U.S. 41 AND RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida iiiir III 73, LiN. fi iro., .0 0 ii• .. (P 0 0 IL m %* Z � (i)N 5- o �y 513 3 91 ' o 73..,1 � Collier 177 Bi"v m Ann P. Jennejohn Subject: RE: PDI-PL20160001163 Display w/MAP From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent:Thursday, December 29, 2016 10:03 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: RE: PDI-PL20160001163 Display w/MAP Good morning Ann! No worries, I've sent the revision for the ad copy to be replaced. The map came as a unscripted version of word, but since it's not being change no need to resend. Hopefully I will have a proof before I leave today. I'll be off tomorrow and Monday so the proof could also be send onTuesday. Let me know if you need anything else. Ivonne From:Ann P.Jennejohn [mailto:Ann.Jenneiohn@collierclerk.com] Sent:Thursday, December 29, 2016 9:48 AM To: Gori, Ivonne<Ivonne.Gori@naplesnews.com> Subject: RE: PDI-PL20160001163 Display w/MAP Good Morning, Our County Attorney's Office has vvtade a changes to this ad I sevtt yesterday afternoon. They sevtt a new title paragraph, so I'm vtot even sure what was changed (hopefully no ovte has started working ovt the notice) I've attached a new title page & wrap; although the wrap I originally sevtt did not change. Please let wte know if I can do anything else to help. I'm sorry for the inconvenience, Ivonne. AKA Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-840(0 Fax 239-252-8408 From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent:Wednesday, December 28, 2016 3:55 PM 1 Ann P. Jennejohn From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Thursday, December 29, 2016 2:02 PM To: Ann P.Jennejohn Subject: FW: REVISION FOR 1421754 FW: PDI-PL20160001163 Display w/MAP Attachments: ND-1421754.pdf Please find revised attached. Thanks! Ivonne 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 26, 2017, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples,FL 34104,to consider: PETITION NO. PDI-PL20160001163 — STOCK DEVELOPMENT, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO.92-15,THE LELY,A RESORT COMMUNITY PUD, TO AMEND SECTION XV, DEVIATIONS FROM THE LDC, BY DELETING ONE DEVIATION RELATING TO SIGNAGE, ADDING FOUR NEW DEVIATIONS RELATING TO SIGNAGE, AND ADDING NEW EXHIBITS RELATING TO THE DEVIATIONS. THESE CHANGES APPLY ONLY TO THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TAMIAMI TRAIL EAST AND TRIANGLE BOULEVARD, THE 9-ACRE TRACT DESIGNATED AS 'C- 2' ON THE SOUTHWEST CORNER OF COLLIER BOULEVARD AND GRAND LELY DRIVE,AND THE 2.32-ACRE TRACT DESIGNATED AS`C-2'ON THE NORTHWEST CORNER OF TRIANGLE BOULEVARD AND CELESTE DRIVE, AS DEPICTED ON THE EXHIBIT H MASTER PLAN. THE SUBJECT PUD PROPERTY CONSISTS OF 2,892± ACRES, LOCATED BETWEEN U.S. 41 AND RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST,AND SECTION 3,TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA. ___NX:ZRattlesnake lilammock RD PROJECT LOCATIONS Obi a/),iTR All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida January 6,2017 ND-1421754 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 12/29/2016 12:45 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:01/06/17 ND-1421754.INDD SIZE:3 col X 9.25 in Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, December 29, 2016 3:58 PM To: Rodriguez,Wanda; Reischl, Fred; 'KulakPatricia' Subject: HEX Petition PDI-PL20160001163 (1-26-17 HEX Hearing) Attachments: ND-1421754.pdf Hi there, The proof For HEX Petition PDI-PL20160001163, that will be published next Friday, Javtuary 6, 2017 for the January 26, 2017 HEX Meeting, is attached for review and final approval. ** I just realized the title is bolded, I'll ask NDN to remove the bold font** Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent:Thursday, December 29, 2016 2:02 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: REVISION FOR 1421754 FW: PDI-PL20160001163 Display w/MAP Please find revised attached. Thanks! Ivonne 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, December 29, 2016 4:02 PM To: Ann P. Jennejohn Cc: Reischl, Fred; KulakPatricia; Stone, Scott Subject: RE: HEX Petition PDI-PL20160001163 (1-26-17 HEX Hearing) Other than the bolding it looks good. Thanks, Wanda Rodriguez, MCP .Advanced Certified ParaCegaC Office of the County Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Thursday, December 29, 2016 3:58 PM To: Rod riguezWanda; ReischlFred; KulakPatricia Subject: HEX Petition PDI-PL20160001163 (1-26-17 HEX Hearing) Hi there, The proof For HEX Petitiovt PD1-PL20160001163, that will be published next Friday, January 6, 201-7 for the January 26, 201-7 HEX Meeting, is attached for review and Final approval. ** I just realized the title is bolded, 1'(( ask NDN to remove the bold Font** Ann Jennejohn., Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From:Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent:Thursday, December 29, 2016 2:02 PM To:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Subject: FW: REVISION FOR 1421754 FW: PDI-PL20160001163 Display w/MAP Please find revised attached. Thanks! Ivonne 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, December 29, 2016 4:07 PM To: 'Gori, Ivonne' Subject: RE: REVISION FOR 1421754 FW: PDI-PL20160001163 Display w/MAP Hi agaivt Ivonne, Ovte tivty thing can the "bold" fovtt ii the main paragraph be uvt-bolded? AMA Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustvvtevtt Board Collier County Board Mivtutes Sr Records Dept. 239-252-8406 Fax 239-252-8408 From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent:Thursday, December 29, 2016 2:02 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: REVISION FOR 1421754 FW: PDI-PL20160001163 Display w/MAP Please find revised attached. Thanks! Ivonne 1 Ann P. Jennejohn From: Reischl, Fred Sent: Thursday, December 29, 2016 4:15 PM To: Rodriguez, Wanda; Ann P.Jennejohn Cc: KulakPatricia; Stone, Scott Subject: RE: HEX Petition PDI-PL20160001163 (1-26-17 HEX Hearing) Agreed! From: RodriguezWanda Sent:Thursday, December 29, 2016 4:02 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Cc: ReischlFred <FredReischl@colliergov.net>; KulakPatricia <PatriciaKulak@colliergov.net>; StoneScott <Sco ttSto n e@ co l l i e rgov.n et> Subject: RE: HEX Petition PDI-PL20160001163 (1-26-17 HEX Hearing) Other than the bolding it looks good. Thanks, Wanda Rodriguez, MCT .Advanced Certified Paralegal Office of the County .Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohnftcollierclerk.com] Sent: Thursday, December 29, 2016 3:58 PM To: RodriguezWanda; ReischlFred; KulakPatricia Subject: HEX Petition PDI-PL20160001163 (1-26-17 HEX Hearing) Hi there, The proof For HEX Petition PDI-PL2.01600011.63, that will be published next Friday, January 6, 2017 for the January 26, 2017 HEX Meeting, is attached for review and Final approval. ** I just realized the title is bolded, I'll ask NPN to remove the bold font** Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwent Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 Ann P. Jennejohn From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Tuesday, January 03, 2017 11:47 AM To: Ann P.Jennejohn Subject: FW: REVISION FOR 1421754 FW: PDI-PL20160001163 Display w/MAP Attachments: ND-1421754.pdf Happy New Year!!! Please find attached a proof for your review and approval. Thanks! Ivonne Ivonne Gori Legal Advertising Specialist 'Siiptct Dail!" 1'}uu5411 Y Office: 239.213.6061 Ivonne.gori@naplesnews.com NaplesNews.com 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 26, 2017, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples,FL 34104,to consider: PETITION NO. PDI-PL20160001163 — STOCK DEVELOPMENT, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 92-15, THE LELY, A RESORT COMMUNITY PUD, TO AMEND SECTION XV, DEVIATIONS FROM THE LDC, j BY DELETING ONE DEVIATION RELATING TO SIGNAGE, ADDING FOUR NEW DEVIATIONS RELATING TO SIGNAGE, AND ADDING NEW EXHIBITS RELATING TO THE DEVIATIONS. THESE CHANGES APPLY ONLY TO THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TAMIAMI TRAIL EAST AND TRIANGLE BOULEVARD, THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE SOUTHWEST CORNER OF COLLIER BOULEVARD AND GRAND LELY DRIVE, AND THE 2.32-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TRIANGLE BOULEVARD AND CELESTE DRIVE, AS DEPICTED ON THE EXHIBIT H MASTER PLAN. THE SUBJECT PUD PROPERTY CONSISTS OF 2,892± ACRES, LOCATED BETWEEN U.S.41 AND RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST,AND SECTION 3,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA. Rattlesnake H ammock RD J PROJECT 00a- LOCATIONS LOCATIONS 0 .111/4 Oh, //�R l F +,E All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida January 6,2017 ND-1421754 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 12/29/2016 10:12 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:01/06/17 ND-1421754.INDD SIZE:3 col X 9.25 in Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday,January 03, 2017 12:37 PM To: Rodriguez, Wanda; Reischl, Fred Subject: REVISION PDI-PL20160001163 Display w/MAP (Lely Community PUD) Attachments: ND-1421754.pdf Happy New Year! The *revised* proof for HEX Petition PDI-PL20160001163, that'll be published this Friday, January 6, 2017 for HEX on January 26, 2017 is attached for final approval. This was the notice that needed the "bold" title paragraph "un-bolded" Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent:Tuesday,January 03, 2017 11:47 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: REVISION FOR 1421754 FW: PDI-PL20160001163 Display w/MAP Happy New Year!!! Please find attached a proof for your review and approval. Thanks! Ivonne Ivonne Gori Legal Advertising Specialist 1�tp Dalt!"N'etti5 I ru W RK Office: 239.213.6061 Ivonne.gori@naplesnews.com NaplesNews.com 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Tuesday, January 03, 2017 12:43 PM To: Ann P.Jennejohn; Reischl, Fred Subject: RE: REVISION PDI-PL20160001163 Display w/MAP (Lely Community PUD) Looks good, thank you. Happy New Year! -Wanda Rodriguez, MCT Advanced Certified TaralegaC Office of the County.Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Tuesday, January 03, 2017 12:37 PM To: RodriguezWanda; ReischlFred Subject: REVISION PDI-PL20160001163 Display w/MAP (Lely Community PUD) Happy New Year! The *revised* proof for HEX Petition PDI-PL20160001163, that'll be published this Friday, January 6, 2.017 for HEX on January 26, 2017 is attached for final approval. This was the notice that needed the "bold" title paragraph "un-bolded" Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From:Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent:Tuesday,January 03, 2017 11:47 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: REVISION FOR 1421754 FW: PDI-PL20160001163 Display w/MAP Happy New Year!!! Please find attached a proof for your review and approval. Thanks! Ivonne 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, January 03, 2017 12:44 PM To: 'Gori, Ivonne' Subject: RE: REVISION FOR 1421754 FW: PDI-PL20160001163 Display w/MAP Looks great Ivovtvte! Please publish this Friday, Javtuary fes, 2017. Avtd thavtk you for wakivtg that revisiovt. Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtevtt Board Collier Couvtty Board Mivtutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent:Tuesday,January 03, 2017 11:47 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: REVISION FOR 1421754 FW: PDI-PL20160001163 Display w/MAP Happy New Year!!! Please find attached a proof for your review and approval. Thanks! Ivonne Ivonne Gori Legal Advertising Specialist 1itp i. Built!Neui I e i vvo ti Office: 239.213.6061 Ivonne.gori@naplesnews.com NaplesNews.com 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 26, 2017, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104,to consider: PETITION NO. PDI-PL20160001163 - STOCK DEVELOPMENT, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 92-15, THE LELY, A RESORT COMMUNITY PUD, TO AMEND SECTION XV, DEVIATIONS FROM THE LDC, BY DELETING ONE DEVIATION RELATING TO SIGNAGE, ADDING FOUR NEW DEVIATIONS RELATING TO SIGNAGE, AND ADDING NEW EXHIBITS RELATING TO THE DEVIATIONS. THESE CHANGES APPLY ONLY TO THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TAMIAMI TRAIL EAST AND TRIANGLE BOULEVARD, THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE SOUTHWEST CORNER OF COLLIER BOULEVARD AND GRAND LELY DRIVE, AND THE 2.32-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TRIANGLE BOULEVARD AND CELESTE DRIVE, AS DEPICTED ON THE EXHIBIT H MASTER PLAN. THE SUBJECT PUD PROPERTY CONSISTS OF 2,892± ACRES, LOCATED BETWEEN U.S. 41 AND RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST,AND SECTION 3,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Rattlesnake lilammock RD ..._.\\,.\\ 0 J PROJECT m LOCATIONS 43 O U T )<>1 /ix All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida January 6,2017 ND-1421754 L . ?'apLr! i B1ai1 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.# COLLIER COUNTY HEX 1421754 NOTICE OF PUBLIC HEA 45-172052 Pub Dates January 6,2017 c (Sign ure of affiant) Sworn to and subscribed before me 4 +`"."",'•., IVONNE GORI This January 1 ,2017 .-1 Notary Public•State of Florida � ' •' Commission *FF 900070 , 1'+1 �` 4 My Comm.Expires Jul 16.2019 1' / . • �:Aosss Bonded though National Notary Assn. (Signatur of affiant) ' 18A Friday,January 6,2017 Naples Daily News so. ..,: - -- NOTICE OF INTENT TO CONSIDER ORDINANCE .„. .. NOTICE OF LAND DEVELOPMENT CODE CHANGE A. _- 1 - , ,,, Notice is hereby given that on Monday,January 30,2017,in the Board of County Commissioner's Meeting Room,3rd Floor,Building"F,"Collier County Government " Center,3299 Tamiami Trail East,Naples,Florida 34112,the Collier County Planning Sher ,. w.n»: .1 -- Commission,sitting as the local planning agency and as the Environmental Advisory . 1 Council,will consider amendments to the Collier County Land Development Code.The • ff meeting will commence at 5:05 p.m.The title of the proposed ordinance is as follows: CHICAGO POLICE DEPARTMENT VIA AP AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER Police charged,from left 7 sfaye Cooper,Brittany Covington.Tanishia Covington and Jordan Hill. COUNTY, FLORIDA,AMENDING ORDINANCE NUMBER 04-41,AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF Teenagers accused of COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE, TALS; SECTION TWO,FINDINGS OF FACT;SECTION THREE,ADOPTION OFAMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING THE hate crimes in beating FOLLOWING: CHAPTER R SECTION 2,0.06NEUNIT VLOISTRICTS,SECTION 09 OPEN SN NG DDISTRICTS;CHAPTER THREE RESOURCE not INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS,CHAPTER FIVE- Online video of 4 black tionto the which did video.pto have any connec- SUPPLEMENTAL STANDARDS,ADDING SECTION 5.05.15 CONVERSION OF GOLF teens'attack on white tcetxwk has confirmed that it re- COURSES;CHAPTER SIX-INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE moved the original video from one of the PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER studentsparks outrage susMANAGEMENT REQUIREMENTS, ADDING SECTION 6.05.03 STORMWATER g pea's Facebook profiles."We do not PLANS FOR SINGLE-FAMILY DWELLING UNITS,TWO-FAMILY DWELLING UNITS, allow peoplepleto celebrate or glorify AND DUPLEXES; CHAPTER TEN-APPLICATION, REVIEW, AND DECISION- DOUG E AN IE E thcre rs on vide Facebook andi have removed MAKING PROCEDURES,INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND AND MELANIE EVERSLEY the original. In for tns cssthouFace- REQUIRED HEARINGS FOR LAND USE PETITIONS;SECTION FOUR,CONFLICT LISA TODAY book said."In manyinstances,though, Four black teens were charged with when apeopa share this type of content, AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND g they doing so to condemn violence or DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. hate crimes and other felonies Thursday raise awareness about it.In that case,the i�� in Chicago in connection with the appar- video would be allowed." ant torture and taunting of a white special The video includes raw language.At needs student in a video that was posted one point,as the victim-who appears to I "" live on Facebook,prosecutors said. be white-crouches against a wall with s . The Cook County prosecutor's office his wrists bound and his mouth taped ilii charged Te and Cooper,18,ov Brittany, Co- shut,bomeone is heard shoutingepprofam- 8 '� vington,l8,and'lbElishie Covington,24,all ties about hump and white people. of Chicago,andJordan Hill,18,of Carpen- Police said the victim,who is believed ` tersville,Blinois,with aggravated kidnap- to be from a Chicago suburb,was in stable 1t ,7 ping,hate crime,aggravated unlawful re- condition.Chicago Police Superintendent ; straint,aggravated battery with a deadly Eddie Johnson said Wednesday that the ~`^�.N _ weapon and residential burglary. victim has"mental health challenges." Hill was also charged withrobbery and Police say it is too soon to make adeter- All interested parties are invited to appear and be heard.Copies of the proposed possession of a stolen motor vehicle. urination whether the attack was racially The four were expected to appear in motivated.Many social media users,how- amendments are available for public inspection in the Zoning and Land Development • court Friday. ever,likened the incident to a hate crime Review Section,Growth Management Department,2800 N.Horseshoe Drive,Naples, The half-hour video,which exploded and said race was the motivating factor. Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. on social media Wednesday,appears to Herring did not immediately respond to a Furthermore,materials will be made available for inspection at the Collier County Clerk's show at least one black man torturing and message sent to her via Facebook Office,Fourth Floor,Suite 401,Collier County Government Center,East Naples,one taunting the 18-year-old white man and Chicago police spokesman Anthony week prior to the scheduled hearing. mating disparaging remarks about Presi- Guglielmi told the Associated Press on 9 you are a person with a disability who needs any accommodation in order to participate dent-elect Donald'hump.The alleged as- Thursday that police don't believe the vie- in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. saults were carried out over a two-day pe- tim was targeted because he was white. Please contact the Collier County Facilities Management Division,at 3335 Tamiami Trail riod,apparently Sunday and Monday. He acknowledged the suspects made ter- East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the The video was initially posted via Face- rible racist statements"during the as- meeting.Assisted listening devices for the hearing impaired are available in the Board of book Live under the account of someone sault,but that investigators believe the County Commissioner's Office. named Brittany Herring and spread victim was targeted because he has"spe- quickly through Twitter under the hash- cial needs,"not because of his race. Collier County Planning Commission tag eBLMKidnapping. Guglielmi said it's possible the sus- Mark Strain,Chairman BLM is an apparent reference to the pects were trying to extort something social justice group Black Lives Matter, from the victim's family. January 6,2017 ND-1426839 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,January 26,2017,in the Hearing Examiner(Ha)at9:00A.M.,on Thursday,January26fh,2017,in the Hearing Examiner's Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples,FL Meeting Room,at 2800 North Horseshoe Drive,Room 609/810,Naples FL 34104,to 34104,to consider: consider: PETITION NO. PDI-PL20160001163-STOCK DEVELOPMENT, LLC REQUESTS PETITION NO.PDI-PL20160002759-RACETRAC PETROLEUM,INC.REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO.92-15,THE LELY,A RESORT AN INSUBSTANTIAL CHANGE TO ORDINANCE NO.03-40,AS AMENDED,THE COMMUNITY PUD, TO AMEND SECTION XV, DEVIATIONS FROM THE LDC, HERITAGE BAY PUD,TO AMEND SECTION I,LEGAL DESCRIPTION,PROPERTY BY DELETING ONE DEVIATION RELATING TO SIGNAGE, ADDING FOUR NEW OWNERSHIP AND GENERAL DESCRIPTION, BY ADDING THREE NEW SIGN DEVIATIONS RELATING TO SIGNAGE,AND ADDING NEW EXHIBITS RELATING DEVIATIONS FOR THE PARCEL DESCRIBED AS LOT 4,HERITAGE BAY COMMONS TO THE DEVIATIONS.THESE CHANGES APPLY ONLY TO THE 9-ACRE TRACT TRACT D REPLAT.THE SUBJECT PUD PROPERTY CONSISTS OF 2,562*ACRES, DESIGNATED AS'C-2'ON THE NORTHWEST CORNER OF TAMIAMI TRAIL EAST LOCATED ON THE NORTHEAST OF CORNER OF IMMOKALEE ROAD(C.R.846)AND AND TRIANGLE BOULEVARD,THE 9-ACRE TRACT DESIGNATED AS'C-2'ON THE COLLIER BOULEVARD(C.R.951),IN SECTIONS 13,14,23,AND 24,TOWNSHIP 48 SOUTHWEST CORNER OF COLLIER BOULEVARD AND GRAND LELY DRIVE,AND SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. THE 2.32-ACRE TRACT DESIGNATED AS'C-2'ON THE NORTHWEST CORNER OF TRIANGLE BOULEVARD AND CELESTE DRIVE,AS DEPICTED ON THE EXHIBIT H MASTER PLAN.THE SUBJECT PUD PROPERTY CONSISTS OF 2,8921 ACRES, LEE COUNTY LOCATED BETWEEN U.S.41 AND RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. COLLIER COUNTY 951,IN SECTIONS 21,22,27,28,33 AND 34,TOWNSHIP 50 SOUTH,RANGE 26 EAST,AND SECTION 3,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLLr - I - RattlesnakeI Hammock RD b o \ � > �'a o 6 LOCATION sl PROJECT m LOCATIONSw GOLDEN WE BLVD -�w ;,_ o S 3 U Tai d,),iT All interested parties are invited to appear and be heard. All materials used in R� Qr presentation before the Hearing Examiner will become a permanent part of the record. All interested parties are invited to appear and be heard. All materials used in Copies of staff report are available one week prior to the hearing. The file can be presentation before the Hearing Examiner will become a permanent part of the record. reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, The Hearing Examiner's decision becomes final on the date rendered. If a person Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. decides to appeal any decision made by the Collier County Hearing Examiner with The Hearing Examiner's decision becomes final on the date rendered. If a person respect to any matter considered at such meeting or hearing,he wiU need a record of decides to appeal any decision made by the Collier County Hearing Examiner with that proceeding,and for such purpose he may need to ensure that a verbatim record respect to any matter considered at such meeting or hearing,he will need a record of of the proceedings is made,which record includes the testimony and evidence upon that proceeding,and for such purpose he may need to ensure that a verbatim record which the appeal is to be based. of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to 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 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 certain assistance.Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. 8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida JNwryt2M7 1101121rs1 January E.2a1T Xe, HEX NO. 2017—03 HEARING EXAMINER DECISION PETITION NO. PDI-PL20160001163 — Stock �Development, LLC requests an insubstantial P change to Ordinance No. 92-15, the Lely, A Resort Community PUD, to amend Section XV, Deviations from the LDC, by deleting one deviation relating to signage, adding four new deviations relating to signage, and adding new exhibits relating to the deviations. These changes apply only to 9-acre tract designated as `C-2' on the northwest corner of Tamiami Trail East and Triangle Boulevard, the 9-acre tract designated as `C-2' on the southwest corner of Collier Boulevard and Grand Lely Drive, and the 2.32-acre tract designated as `C-2' on the northwest corner of Triangle Boulevard and Celeste Drive, as depicted on the Exhibit H Master Plan. The subject PUD property consists of 2,892± acres, located between U.S. 41 and Rattlesnake-Hammock Road west of C.R. 951, in Sections 21, 22, 27, 28 , 33 and 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East, Collier County, Florida. DATE OF HEARING: January 26, 2017 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. ANALYSIS: Eight residents attended the Neighborhood Information Meeting (NIM) and no objections were noted. No letters of objection have been received. The Hearing Examiner's meeting was attended by several members of the public. Four members of the public requested clarification on sign sizing, questioned the need for another sign and traffic related issues with Triangle Boulevard and US 41. A member of the Collier County Transportation Planning section was in attendance and addressed some of the improvements under study for the Triangle Boulevard, Price Street and US 41 intersection. Concern were expressed about congestion and cut thru traffic within areas of Lely Resort and over the lack of north bound median openings along Collier Boulevard into the new commercial areas. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20160001163, filed by Lindsay Robin of Waldrop Engineering, representing Stock Development, LLC, with respect to the property as described in Ordinance No. 92-15, as amended, the Lely, A Resort Community PUD, for insubstantial changes to amend Section XV, Deviations from the LDC, by deleting one [16-CPS-01570/1316577/1163 1 of 2 deviation relating to signage, adding four new deviations relating to signage, and adding new exhibits relating to the deviations. Said changes are fully described in the Lely, A Resort Community PUD amendment and Site Plan attached as Exhibit "A", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—PUD Amendment and Site Plan LEGAL DESCRIPTION: See Ordinance No. 92-15, as amended, the Lely, A Resort Community PUD CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. Prior to final inspection, the developer shall install the Code required foundation plantings at the base of the sign at US 41 and Triangle Boulevard, plus a minimum of 20 percent additional (non-sod)plantings. DISCLAIMER: Pursuant to Section 125.022(5) F.S., 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. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 1 - 4 _ 11 Date ark .train, Hearing xaminer Appro ed as to m and legality: Scott A. Stone Assistant County Attorney [16-CPS-01570/1316577/1}63 2 of 2 Exhibit "A" Page 1 of 4 SECTION XV DEVIATIONS FROM THE LDC In addition to deviations currently approved in the PUD, the following deviations are being added to the PUD: * * * * * * * * * * * * * frontage of 220 lineal feet, where there is a minimum of a 1,000 feet separation between such signs,to allow for a maximum of two(2)signs on the C 2 tract that fronts on U.S.41,one of which may be located on the U.S.41 frontage and the second which may be located on the Triangle Blvd. ..•- - -- -• - . .. •- . - - -- ' , _ - _ - . . . -- northwest -northwest corner of Tamiami Trail East and T •: •: - E '• .. !! !!: . * * * * * * * * * * * * * Deviation 8: Deviation from LDC Section 5.06.04 G.2.e, which requires off-premises signs to be 12 S.F. in area, 8-feet in height, and located no more than 1,000 feet from the building, structure, or use for which the sign is displayed, to instead allow one (1) off-premises sign to be 120 S.F. in sign copy area, 15-feet in height, and located approximately 1,500 feet away from the `C-2' tract located on the northwest corner of Triangle Blvd. and Celeste Drive as shown on Exhibit XV-1. The proposed sign is located within the 0.9+/- acre outparcel and is described as "120 S.F., off- premises sign" on Exhibit XV-1. The off-premises sign will be limited to displaying one (1) 12 S.F. sign placard for the benefit of the entity located within the `C-2' tract at the northwest corner of Triangle Blvd. and Celeste Dr. as shown on Exhibit XV-1 and the remainder of the sign will be limited to displaying sign placards no greater than 32 S.F. each for the entities located within the `C-2' tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. as shown on Exhibit XV-1. Sign area measured as required by the Land Development Code shall not exceed 120 S.F. Deviation 9: Deviation from LDC Section 5.06.04.F.1., which allows additional on-premises ground or pole signs separated by 1,000 feet, to instead allow an additional sign to be located within 122' of the existing on-premises sign on the 0.9+/-acre outparcel as shown on Exhibit XV- 1.This deviation applies solely to the 0.9+/-acre outparcel within the 8.28+/-acre tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit'H', Master Land Use Plan. Deviation 10: Deviation from LDC Section 5.06.04.F.2.b., which limits outparcels to a single ground sign, to instead allow the 0.9+/- acre outparcel to have two (2) signs as shown on Exhibit XV-1. This deviation applies solely to the 0.9+/- acre outparcel located within the 8.28+/- acre tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit'H', Master Land Use Plan. Words underlined are added; works struck through are deleted. Exhibit "A" Page 2 of 4 Deviation 11: Deviation from LDC Section 5.06.04 F.3, which permits one (1) directory sign at the entrance on each public street for multiple-occupancy parcels,to instead allow one(1)directory sign on Collier Blvd. to be located where there is no entrance for the 'C-3' Tract located at the southwest corner of Collier Blvd. and Grand Lely Dr. as shown on Exhibit XV-2. This deviation applies solely to the 9-acre tract designated as 'C-3' on Exhibit 'H', Master Land Use Plan, and located at the southwest corner of Collier Boulevard and Grand Lely Drive. Exhibit "A" o�.c� Page 3 of 4 c)1 C-2 TRACT TRIANGLE BLVD. Lo rn ct 0 Li 1,500±FEET W J >_ CO a CCW W --r I 0 F- J > CO OV w C-2 J J TRACT CO W 08 W U o J N 0 co z Y. d EXISTING cGjA$N ,oG o ct v SIDEWALKS 9,p vel ?o 9 I- CJS 9�n C 1E <9 x 0 122M' TAMIAMI TRAIL EAST, U.S. 41 J c EXISTING 120 S.F. in OUTPARCEL OFF-PREMISES o GROUND SIGN SIGN Lou!, rn 0 0 N a L x LU cO 3 m 9 0 a d a 2 C cn LELY SIGNAGE PDI EXHIBIT XV-I IA1 WALDROP OD FLORIDA CERTTFICATEOFAUTHORIZATION 0)6J6 ENGINEERING rn oPREPARED FOR: SECTION: TOWNSHIP: RANGE:34 50 26 CIVIL ENGINEERING I PLANNING I LANDSCAPE ARCHITECTURE To COUNTY, FLORIDAG U STOCK DEVELOPMENT 28100 BONITA SINNFL 34135 305 yBONITA SPRINGS.RANDE RIE-SU '0^ FILE NAME:1009801 E0102.dwg P1 239-405-7777 F:239-405-7899 CL SHEET: 1 OF 1 EMAIL:IntoPwalaropengIneeAng.com CB Exhibit "A" NORTH Page 4 of 4 1 :i.r SCALE;1"=200' GRAND LELY DRIVE IIIN°Iiiic.,14INs T M SUBJECT PARCEL PROPOSED DIRECTORY co Ni 0) SIGN LOCATION \ T ("KU, Ct U 3 0 E, ,_<w W J 0) 0 0 O� m O 0 0 o _ 03 0 \ ct C w d c� -J li 0 U x W c 0 0 0 J C co 1n O I_ W AD 0 6 0 tll d L X W N 0) .3 C F._ O PLAN REVISIONS REVOO<<SUBMITTED>>XX/XX/XX 0 Ti 0) m C co LELY SIGNAGE PDI EXHIBIT XV-2 IN WALDROP CDFWRIDACERTIFICATEOFAUTHORIZATIONpBb36ENGINEERING a, PT]PREPARED FOR: SECTION: TOWNSHIP: RANGE: O REPRED 34 50 26 CIVIL ENGINEERING I PLANNING I LANDSCAPE ARCHITECTURE 'm COUNTY, FLORIDA STOCK DEVELOPMENT 28100 BONITA GRANDE DRIVE-SUITE 305 y BONITA SPRINGS,FL 34135 'p FILE NAME.100980IE0101.dwg p:239-405-7777 F:239-405-7899 ai SHEET' 1 OF 1 EMAIL-Inlodawaldropenglneering.com 0) AGENDA ITEM 4-A Cotner County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 26, 2017 SUBJECT: PETITION NUMBER: PDI-PL20160001163, LELY, A RESORT COMMUNITY PUD OWNER/AGENT Property Owners: Agent: Applicant: Stock Development, LLC Lindsay Robin Stock Development, LLC and SD Tract 4, LLC Waldrop Engineering, P.A. 2639 Professional Circle, Suite 101 2639 Professional Circle Suite 101 28100 Bonita Grande Drive#305 Naples, FL 34119 Naples, FL 34119 Bonita Springs, FL 34135 J.P. Morgan Chase,N.A. 1111 Polaris Parkway Columbus, OH 43240 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to Ordinance number 92-15,the Lely, A Resort Community Planned Unit Development(PUD),to allow the following changes: o For an off-premise sign,the LDC requires a maximum area of 12 square feet and a maximum height of 8 feet;the LDC also requires that an off-premise sign be a maximum of 1,000 feet away from the building, structure, or use for which the sign is displayed. The Applicant requests a 120 square foot sign at 15 feet in height, approximately 1,500 feet from the building, structure, or use for which the sign is displayed. o On-premises signs are required to be separated by 1,000 feet; the Applicant requests a separation of 122 feet. o The LDC entitles outparcels to 1 sign;the Applicant requests 2. o The LDC requires that a directory sign be located at an entrance on a public street; the Applicant requests that a directory sign be located away from an entrance. Page 1 of 8 Lely,A Resort Community, PDI-PL20160001163 January 26, 2017 rir„-. 72ittrim,,t,r,,J,,,Yry ..� ....,.� At r2Id 4 ra� ?, ® C�( , e ®eeeaeueess • It. C ��a°PIlioEL:- s�om.opal& m. ® Itti a tur4 �� X41 ;v 4„„ '� + i�� _ coo oliPo ■ joitA ,� 111%* A - m 0411-oh 1.ii a eeeo leeaere�eeo®r e ��Ao` a° ao�r� vea°m ,�SY .4of a ae e� ,t. ilIV*11 q %OP'V Vii,‘• 444 ea%a° deeeeP�od _ �1�„AA.. ® A.4 14_ 0 te * 46. Bse0 Q 4 At c., egp . �4 ®olin Z stos o1F4 '-'611P.AlWrip 111.44111.- CO 4,:U\s' �4I lit'A' 4/ Ail i viol 4-...•:.//:,i L'Ih-%4 r6141 § -°' ot .is „, .,„ Ilh.-- - • ii\--- 1 .,,,,,,,„. Nopr 40.4iVItittrim ME it '°�k11111 BaRas 7 I v\`oF ``ii 0�0— r N r.,,,,..„„ � 1 �H9BAAH99Baeaeataae� a�`,�® �: O U'„`gy �tS a f �a��OW ��IliiI�$�� ` 6i p J w CL U t0 Y .n O c = (0 z 0 0 O o V / _ Q_ a--+ 0 t+ J CD a CL co anis aa!11O3 t e N 0- o a3 rce R 0A19 JO!J103 _� N _ � E o CO o H V coN 0 a) cu LU v rY o J a> N 0. O 03 RS# al Ct fis o 0 U O a GEOGRAPHIC LOCATION: The subject property is located at the northwest corner of the intersection of Tamiami Trail East (U.S. 41) and Collier Boulevard (C.R. 951) in a commercial area of the Lely, A Resort Community PUD. (Please see the Location Map on page 2.) . ,\\_4\ v � Gomel_ 11, \\_4 lgova0Con 7,,, wvj ,s '��- eif ( e ..,.,,,,,, ti �' e I It: *itz.,.:,;''.:',,,i,;:,, 4*.t;.'5 t`pt.i;'.11,1" ...4..1414'1'4D,_7 3.,;Arl ,, !,' '. . -ilirif!__A.,...:10';i:::t..Ti e:77,Z ei,: .,..:464(11m/j41 ono,.,. 4 ........ ...c...,.., .,..,: y.c...11\ !.+M a,'i .� #.ahoy ;q jifj1j VI 4 i ASP 1/, . 4 ;1, ..„,„ , . i, Ati,;...,*„g l v , it �ma ..ifitii PURPOSE/DESCRIPTION OF MAP AND TEXT CHANGES: The Applicant is seeking changes to the PUD by deleting one existing deviation and adding four additional deviations,as discussed below. All the proposed deviations concern signs in the commercial tract. DEVIATION DISCUSSION: Deviation #6, a deviation from LDC Section5.06.04.F.1, which would permit an additional pole or ground sign, is being deleted. Petitioner's Rationale: The proposed deviation is no longer required because the parcel has since been divided into multiple parcels. Staff Analysis and Recommendation: Staff has no objection to the deletion of the deviation. LDC requirements will be in effect. Deviation #8, a deviation from LDC Section 5.06.04 G.2.e, which requires off-premises signs to be 12 S.F. in area, 8-feet in height, and located no more than 1,000 feet from the building, structure, or use for which the sign is displayed, to instead allow one(1)off-premises sign to be 120 S.F. in sign copy area, 15-feet in height,and located approximately 1,500 Page 3 of 8 Lely,A Resort Community, PDI-PL20160001163 January 26, 2017 feet away from the `C-2' tract located on the northwest corner of Triangle Blvd. and Celeste Drive as shown on Exhibit XV-1. The proposed sign is located within the 0.9+/- acre outparcel and is described as "120 S.F., off-premises sign" on Exhibit XV-1.The off-premises sign will be limited to displaying one(1) 120 S.F. sign placard for the benefit of the entity located within the `C-2' tract at the northwest corner of Triangle Blvd. and Celeste Dr. as shown on Exhibit XV-1 and the remainder of the sign will be limited to displaying sign placards for the entities located within the `C-2'tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. as shown on Exhibit XV-1. This deviation applies solely to the 2.32+/-acre tract designated as'C-2'on the Revised Exhibit'H',Master Land Use Plan,and located at the northwest corner of Triangle Blvd. and Celeste Dr., and the 0.9+/- acre outparcel within the 8.28+/- acre tract designated as 'C-2' on the Exhibit'H',Master Land Use Plan,and located at the northwest corner of Tamiami Trail East and Triangle Blvd. Petitioner's Rationale: The proposed deviation will accommodate the tenants of Triangle Plaza while also serving the traveling public by means of a larger sign for visibility and wayfinding purposes. Staff Analysis and Recommendation: The petitioner has agreed, as a condition of approval, an additional 20% foundational plantings at the base of the sign at U.S.41 and Triangle Boulevard. Additionally,the petitioner states that the proposed square footage is "significantly smaller" than the Freedom Square Directory sign on the south side of Triangle Boulevard. While this statement is correct, it should be noted that directory signs are permitted by right a larger square footage of, LDC 5.06.04.F.3.c., of 150 square feet. With that said, staff recognizes this request for the purposes of store marketing and potential customer recognition on the busy intersection of U.S.41 and Triangle Boulevard. Therefore,Staff finds the petitioner's rationale supportable for this project. Deviation #9, a deviation from LDC Section 5.06.04.F.1., which allows additional on-premises ground or pole signs separated by 1,000 feet,to instead allow an additional sign to be located within 122' of the existing on-premises sign on the 0.9+/-acre outparcel as shown on Exhibit XV1. This deviation applies solely to the 0.9+/-acre outparcel within the 8.28+/- acre tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit 'H', Master Land Use Plan. Petitioner's Rationale: The proposed deviation will be located within an existing 20' x 20' sign easement(created between Stock Development and JP Morgan Chase) which the petitioner states provides sufficient space for sign accommodation. Moreover,the location of the pole or ground sign will allow for increased visibility at a lighted intersection for traveling public wayfinding. Staff Analysis and Recommendation: Staff fmds the rationale of locating a sign at a busy intersection for a new commercial development within an Activity Center a supportable location. Staff ford's the petitioner's rationale supportable for this project. Deviation #10, a deviation from LDC Section 5.06.04.F.2.b., which limits outparcels to a single ground sign, to instead allow the 0.9+/-acre outparcel to have two (2)signs as shown on Exhibit XV-1. This deviation applies solely to the 0.9+/- acre outparcel located within the 8.28+/- acre tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd.on Exhibit'H',Master Land Use Plan. Petitioner's Rationale: The proposed deviation will allow for visibility on an arterial roadway, U.S.41,because currently its only immediate street access is Triangle Boulevard. While the C-2 tract at Triangle Boulevard and Collier is within the 1,000 feet of the subject property,the applicant does not own the property or have an easement to locate signage here. StaffAnalysis and Recommendation: Staff finds the rationale of locating a sign at a busy intersection for a new commercial development within an Activity Center a supportable location. Staff find's the petitioner's rationale supportable for this project. Deviation #11, a deviation from LDC Section 5.06.04 F.3, which permits one (1) directory sign at the entrance on each public street for multiple-occupancy parcels, to instead allow one (1) directory sign on Collier Blvd. to be located where Page 4 of 8 Lely,A Resort Community, PDI-PL20160001163 January 26,2017 there is no entrance for the 'C-3' Tract located at the southwest corner of Collier Blvd. and Grand Lely Dr. as shown on Exhibit XV-2. This deviation applies solely to the 9-acre tract designated as 'C-3' on Exhibit 'H', Master Land Use Plan, and located at the southwest corner of Collier Boulevard and Grand Lely Drive. Petitioner's Rationale: The proposed deviation will allow for visibility on an arterial roadway, Collier Boulevard,because currently its only immediate street access is Triangle Boulevard. While the C-2 tract at Triangle Boulevard and Collier is within the 1,000 feet of the subject property,the applicant does not own the property or have an easement to locate signage here. StaffAnalysis and Recommendation: Staff finds the rationale of locating a sign on an arterial roadway for a new commercial development a supportable location.Staff find's the petitioner's rationale supportable for this project. ANALYSIS: Section 10.02.13.E.1 and 2 of the Land Development Code sets forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each criterion of 10.02.13.E.1 have been listed as follows: a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the Lely Resort PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation,conservation,recreation,or open space areas within the development in excess of five(5) percent of the total acreage previously designated as such,or five(5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5)percent of the total acreage. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space),or a proposed relocation of nonresidential land uses? No, the proposed insubstantial change will not increase the size of institutional, commercial, industrial uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? There are no substantial impacts resulting from this insubstantial change. Page 5 of 8 Lely,A Resort Community, PDI-PL20160001163 January 26,2017 f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, the proposed changes will not create any additional vehicular generated trips based upon the ITE Trip Generation Manual. g. Will the change result in a requirement for increased stormwater retention,or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The proposed changes will not bring about any changes to an abutting land use that would be incompatible with an adjacent land use. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No,this modification is consistent with the Future Land Use Element of the Growth Management Plan. The modifications to the PUD ordinance do not increase the intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact(DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)9e)2., F.S., and any changes to a DRUPUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Sec.2.7.3.5.4 or Sec.2.7.3.5.6 of this Code. The Lely Resort PUD is a DRI,however,this change does not require an amendment to the DRI. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed changes are not deemed to be substantial and do not alter the findings of the original Lely,A Resort Community petition(attached). NEIGHBORHOOD INFORMATION MEETING(NIM): The agents conducted a duly noticed NIM on September 14, 2016 at 5:30 PM at the South County Regional Library. The meeting was attended by eight residents and no objections were raised. Page 6 of 8 Lely,A Resort Community, PDI-PL20160001163 January 26,2017 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Lely, A Resort Community, PDI- PL20160001163,on January 11,2017. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20160001163, Lely Resort PDI with the following condition: Prior to final inspection, the developer shall install the Code-required foundation plantings at the base of the sign at US 41 and Triangle Boulevard,plus a minimum of 20 percent additional(non-sod)plantings. Page 7 of 8 Lely,A Resort Community, PDI-PL20160001163 January 26,2017 PREPARED BY: -//- /7 FRF p. ' ISCHL, AICP DATE PRINCIPAL PLANNER ZONING DIVISION REVIEWED BY: 72,- 11-:,/ 4- — _ RAYMOI4I V. BELLOWS, ZONING MANAGER DATE ZONIN (VISION MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION Page 8 of 8 Lely,A Resort Community, PDI-PL20160001163 January 26,2017 PDI-PL20160001163 Lely,A Resort Community FINDINGS OF FACT for PUDA-PL20140002040: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed,particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally,the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the analysis provided by Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this PUD Amendment remains consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed changes and believes that the project will be compatible with the surrounding area. The approved uses within the PUD are not proposed to change as part of this amendment; however the applicant is requesting to add residential use(s) in the C-3 tract. The uses approved in the original PUD rezone were determined to be compatible and continue to be compatible with the changes proposed by this request. The petitioner is proposing a number of changes as noted above, however staff believes uses remain compatible given the development standards and project commitments. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system,and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking seven deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report,and is recommending approval of the deviations. Rezone Findings: LDC Subsection 10.02.08.F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP because uses are not changing with this amendment. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. The applicant's request is consistent with the proposed GMPA. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment,with the commitments made by the applicant, can been deemed consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes restrictions and development standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the commitment that has been provided by the developer. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings,combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staffs conditions of approval are adopted, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. vid WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 NIM SYNOPSIS — WALDROP ENGINEERING CIVIL EN6INEERN116 do LAND DEVELOPMFM CONSULTANTS 28100 BONITA GRANDE DR.4305 BONITA SPRINGS,Ft 34135 '- .-;" 44,2',5,4�' P.239-405.7777 -.,,c-,4 0.-.,,,,, IN 239-405-7899 Memorandum To: Rachel Beasley From: Lindsay Rodriguez cc: Keith Gelder Date: September 15,2016 Subject: Lely Signage PDI(PDI-PL20160001163) Neighborhood Information Meeting(NIM)Synopsis Waldrop Engineering, P.A., on behalf of Stock Development, and Collier County Staff conducted a Neighborhood Information Meeting (NIM) on Wednesday, September 14, 2016. The meeting was held at 5:30 p.m. at the South Regional Library at 8065 Lely Cultural Parkway. The sign-in sheet is attached as Exhibit"A", and demonstrates approximately eight(8)residents were in attendance, not including the consultant team and Staff. Handouts were distributed outlining the project overview and changes requested through the Insubstantial Change to a PUD(PDI)are attached as Exhibit"B". Alexis Crespo(Agent)conducted the meeting with introductions of the consultant team and Staff,and explained the insubstantial change to a PUD(PDI)application under review by the county.Ms.Crespo discussed the handout provided to attendees and presented the approved PUD Master Plan and exhibits depicting the locations of the signage deviation requests, as well as an aerial of the various sites. Ms. Crespo discussed each of the requested deviations for signage on Triangle Boulevard and Collier Blvd. Ms.Crespo also outlined the public input opportunities throughout the process,and noted the upcoming Hearing Examiner would be scheduled near November. Ms. Crespo clarified that this hearing will not go before the Collier County Board of County Commissioners because the proposed changes are deemed unsubstantial.It was also stated that residents who received a notice of the NIM would also be receiving notice for that hearing. Following the Consultant's presentation, the meeting was opened up to attendees to make comments and ask the Agent questions regarding the proposed development. The following is a summarized list of the questions asked and responses given. Question/Comment 1: How far back will the sign be(on Collier Boulevard)? Response: The code requires a 10-foot setback. r Page 1of2 Question/Comment 2: What about the Hogan Plaza sign?Will it meet the setbacks? Response: Yes,that sign will also comply with the code setback. Question/Comment 3: Is the relief your requesting just about the sign going further north or south along Collier Blvd.? Response: Yes, that deviation is requesting the sign to be located in the middle of the parcel along Collier Blvd.,as opposed to being located at the proposed vehicular entrance,which would most likely be to the south of the parcel. Question/Comment 4: What are they doing with that parcel? Response: We do not know right now,there are no development plans yet. Question/Comment 5 and 6:Will it be the same as the other parcel(Hogan's Plaza)?With two groups of stores? Response: Once again,we do not know at this point. Question/Comment 7: Can you discuss the arrangement here?Is Stock Development the owner? Response: Yes, Stock owns the properties. Question/Comment 8: Are they considering a right turn lane by Chase Bank on to US 41? Response: We are not sure, but the County is conducting a study on Triangle Blvd. They understand there are traffic issues here and are taking steps to fixing it. Question/Comment 9: The second parcel mentioned(Celeste Drive)where is that sign going? Response: That sign would be located on the sign that is proposed to go on the Chase Bank outparcel, as a placard type of sign. Question/Comment 10: Are you all involved in the horse monument going in? Response: We are not involved. (Later it was clarified that Waldrop Engineering's landscape architecture team is working on that monument.) There were no further questions or comments.Ms.Crespo thanked attendees for coming and noted that her contact information is available for those who wished to contact her. Many attendees expressed interest in being updated on the Triangle Blvd. study. The meeting concluded at approximately 5:50 p.m. The meeting was recorded per the CD attached as Exhibit"C". 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G •M N d 1`9�NX� EXHIBIT B LELY RESORT PUD (PDI-PL20160001163) Neighborhood Information Meeting Project Information Sheet Wednesday, September 14, 2016 Project Size: 2,892+/-acres (Entire Lely Resort PUD) -- [NO CHANGE] Future Land Use: Urban Mixed Use District, Urban Residential Subdistrict -- [NO CHANGE] Zoning: Planned Unit Development -- [NO CHANGE] Approved Density/Uses: 8,946 dwelling units; a golf course; 820,000 square feet of commercial uses; 350 hotel rooms; and educational- and community-oriented facilities -- [NO CHANGE] *Proposed Insubstantial Changes to the PUD: • Amend approved Deviation #6 to allow for an additional ground/pole sign to be located on the Chase Bank outparcel at the corner of US 41 & Triangle Blvd.; • Amend approved Deviation #7 to allow for a maximum sign area of 120 square feet for this additional ground/pole sign; • Add Deviation #8 to allow for an off-premises pole sign to be located on the Chase Bank outparcel at the corner of US 41 & Triangle Blvd. to advertise the Hobby Lobby and other commercial uses. • Add Deviation #9 to allow an off-premises directional sign to be located on the off- premises ground/pole sign located on the Chase Bank outparcel, to advertise future commercial uses on the Triangle Blvd./Celeste Dr. commercial parcel; • Add Deviation #10 to allow a directory sign to be located at the mid-point of the parcel frontage facing Collier Blvd. for the commercial parcel located at the southwest corner of Collier Blvd. and Grand Lely Drive. IAIWALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 SIGN POST AFFIDAVIT SIGN POSTING INSTRI ICTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails, staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED Lindsay Robin WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20160001163 28100 Bonita Grande Dr.#305 GN T APPLI ANT 0 NT STREET OR P.O.BOX Lindsay Robin Bonita Springs,FL 34135 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER /, The foregoing instrument was sworn to and subscribed before me this )U� h day of d otnuar ) ,2011, by Li Yl Oti 0,9 J K)I n , personally known to me or who produced as identification and who did/did not take an oath. FF 968491 0"'.M`Y'"'• JACLYN MICHELLE MITCHELL ... 1 �. 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I - • . -'- rn.,..., --,,,,, ;'• "",,,,;' . „. ,'t • : - 4 i -.74,7"' ,, N3 -:''' A ''' r,''-'-lui,1,,, '', .- -,x-' ' -'.I ,,•- - "'-''''' '''• —f...77i4.--,_,;!:...,-,-,:-•.,-,__ - ."1-4-; - .,, - t•-•...:,•-: 4!?;•-_,":1---,=_• :.,iitt•-•- -,-.. ,,,',.';• ----- :;—'7'''' ' * ft:. ,-,.;--r7;:.,ift. 5i,io.,,,,„„,i.-'4,Asi,: . :'-: '. `,....4:. -'-' -- '''. IG REQUESTING AN 1 L CHANGE P 3N # -P120160001163 LEVY PUD H A WRV TIM SLIER ROUN y MARINO EXAMINER(RIX) * • yta �� ran •t K r # 'a IAI WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 PDI APPLICATION Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of laws section 2-83—2-90 Ch.3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Stock Development do Keith Gelder Address: 2639 Professional Circle Suite 101 City: Naples State: FL ZIP: 34119 Telephone: 239-449-5227 Cell: Fax:Fax: 239-592-7541 E-Mail Address: kgelder@stockdevelopment.com Name of Agent: Lindsay Rodriguez Folio#:See Page 2 of Application Section: Twp: Range: Firm: Waldrop Engineering, P.A. Address: 28100 Bonita Grande Dr. #305 City: Bonita Springs State: FL ZIP: 34135 Telephone: 239-405-7777 Cell: Fax:Fax: 239-405-7899 E-Mail Address: lindsay.rodriguez@waldropengineering.com 6/17/2015 Page 1 of 5 cotke r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ❑U Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. ❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. n 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. I I 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: Lely Resort PUD ORDINANCE NUMBER: 15-39 FOLIO NUMBER(S): 77510401025;25910000751;55425003255 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? • Yes ❑ No 6/17/2015 Page 2 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 If no, please explain: Has a public hearing been held on this property within the last year? ■ Yes ❑ No If yes, in whose name? Stock Development Has any portion of the PUD been Si SOLD and/or ■ DEVELOPED? Are any changes proposed for the area sold and/or developed? Yes ■ No If yes, please describe on an attached separate sheet. 6/17/2015 Page 3 of 5 ie Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below,with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIREDREQU RED Completed Application (download current form from County website) 16 ❑ ❑ Pre-Application Meeting notes 1 ❑ ❑ Project Narrative, including a detailed description of proposed changes 16 ❑ ❑ and why amendment is necessary Detail of request ❑ ❑ ❑ Current Master Plan& 1 Reduced Copy ❑ ❑ ❑ Revised Master Plan & 1 Reduced Copy ❑ ❑ ❑ Revised Text and any exhibits ❑ ❑ ❑ PUD document with changes crossed through& underlined ❑ ❑ ❑ PUD document as revised with amended Title Page with Ordinance# ❑ ❑ ❑ Warranty Deed ❑ Q ❑ Legal Description ❑ Q ❑ Boundary survey, if boundary of original PUD is amended ❑ ❑ ❑ If PUD is platted, include plat book pages ❑ ❑ ❑ List identifying Owner&all parties of corporation 2 ❑ ❑ Affidavit of Authorization,signed &notarized 2 ❑ ❑ Completed Addressing Checklist 1 ❑ Copy of 81/2 in. x 11 in.graphic location map of site 1 ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials ❑ ❑ ❑ to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/17/2015 Page 4 of 5 Co e7r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director ❑ Utilities Engineering:Kris VanLengen ❑ Parks and Recreation:Vicky Ahmad ❑ Emergency Management:Dan Summers ❑ Naples Airport Authority:Ted Soliday ❑ Conservancy of SWFL:Nichole Ryan ❑ Other: ❑ City of Naples:Robin Singer,Planning Director ❑ Other: FEE REQUIREMENTS t PUD Amendment Insubstantial(PDI):$1,500.00 X Pre-Application Meeting:$500.00 k Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 �,�c:%401/3 ' ► 6/24/2016 iii 40 Applicant/Owner • Iature 4 I Date Lindsay Rodriguez Applicant/Owner Name(please print) 6/17/2015 Page 5 of 5 IA WALDROP LELYRESORTPUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 PRE-APPLICATION MEETING NOTES Cotier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: ?D 1 3 S• ke- - Sipe LS-4e- t''5vn C)"' Date and Time: (V/ 3 — Assigned Planner: 'G (At I Sec's 1 j Engineering Manager(for PPL's and FP's): Of Pc Project Information Project Name: CAi u►,ledarct ( D4 -rte 00A^-12-) PL#: 201le 09001 % (O.J Property ID#: 1 10A 01 °I[— Current Zoning: IAA ' L Of- -111 Project Address: 'Iq 1° - 1 O wCity: 1 e1, State: FL- Zip: Applicant: Agent Name: €Jhicw.++A.06S Phone: 23c1 ��O&��" �-�•�- 10 23 Z, D� Z3?p cAgent/Firm Address: 2$100 $i}y,1° COI* 1 tate: V-L Zip: � ( (3S _ 43os . ;tc 3prty s. • Property Owner: Please provide the following,if applicable: i. Total Acreage: x l• I S ii. Proposed#of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: A Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Sign-In Sheet PL#:201 50001 61 1 Collier County Contact Information: Name Review Discipline Phone Email ❑ Richard Anderson Environmental Specialist 252-2483 richardanderson@colliergov.net ❑ David Anthony Environmental Review 252-2,• .. i ..o • colliergov.net ❑ Summer Araque Fav_Ironmental Review 2521220_, mmerbrownaraque@colliergov.neDere } ❑ Steve Baluch, P.E. Transportation Planning 252-2361 StephenBaluch@colliergov.net bU IILaurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net t QCIuaG ❑ Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net W/- ❑ Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net .10CS ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@coiliergov.net Nq Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net El Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphrles@colliergov.net ❑ Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna,P.E. Engineering Services 252-2911 _jackmckenna@colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net _ ❑ Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net -- O- 4J Co [ier Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net ❑ Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ ..Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net ❑ Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net ❑ Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email Lkn1 S(R. CCIQL(� (\I�ldl1'C�rw Y�Q11X1/ `�OS .,1nds� rQ,�O.\d:� C�1irQ-0-rt ` I - .1 • ti - . C. vJOl& .4 • - w i A** D BeasleyRachel Subject: PL20160001163(PDI) Location: CONF ROOM "C" Start: Tue 6/14/2016 3:00 PM End: Tue 6/14/2016 4:00 PM Recurrence: (none) Meeting Status: Accepted Organizer: CDS-C Required Attendees: AhmadVicky;AlcornChris;Amy Lockhart-Taylor(Iockha@collierschools.com); AndersonRichard; AnthonyDavid;ArnoldMichelle;AshtonHeidi;AuclairClaudine; BaluchStephen; BeardLaurie; BeasleyRachel; BrethauerPaula; BrownAraqueSummer; BurtchinMark; CascioGeorge; CondominaDanny; CrowleyMichaelle; David Ogilvie; dfey@northcollierfire.com; FaulknerSue; FeyEric; Fleishman Paula; GundlachNancy; HouldsworthJohn; HughesJodi; HumphriesAlicia;JacobLisa;jnageond@sfwmd.gov; JohnsonEric; KendallMarcia; KurtzGerald; Larry.Alewine@stantec.com; LenbergerSteve; LevyMichael; (martin@sfwmd.gov; LouviereGarrett; MartinezOscar; MastrobertoThomas; McCaughtryMary; McKennaJack; McKuenElly; McLeanMatthew; MoscaMichele; MoxamAnnis; NawrockiStefanie; PajerCraig; PancakeBill; PattersonAmy; PepinEmily; pjimenez@sfwmd.gov; ReischlFred; RosenblumBrett; SantabarbaraGino; SawyerMichael; ScottChris; Shar Hingson; ShawinskyPeter; Shawn Hanson; SheaBarbara; SmithDaniel; Smith Natalie; StoneScott; StrainMark; SuleckiAlexandra; SweetChad; TempletonMark; VanLengenKris;WalshJonathan;WeeksDavid; WilloughbyChristine; Lindsay Rodriguez Planner-Rachel Beasley Fire District-East Naples Fire ******************************************************************** • ,- i .,r •� l 6.s .......4„,‘ F a, , -s-kik:•..--... -/-. , Ar .17, 440111 '` . ' - - .41et" ' -Zti.is4:.<W e:to i- - 4a0,s.1"'". �1.. ...amu 4+� L - R ..r,. .�•.�ate.... J, d. .,2. -� 4 Project Type: PDI 1 Pruject Description:This is not for a variance it is for an Insubstantial Change to a Planned Unit Development(PDI), but was not an option on drop down box.Seeking 3 site-specific signage deviations for the Lely PUD. Existing Application Name: N/A Meeting Type: Pre-Application Meeting Preferred Date:June 2,2016 at any time Unavailable Dates: Location: 9995 Triangle Boulevard, Naples, FL,34119,Parcel Number: 77510401025 Full Name: Lindsay Rodriguez Email:lindsay.rodriguezPwaldropengineering.com Company Name:Waldrop Engineering 28100 Bonita Grande Dr.#305, Bonita Springs, FL 34135 Representing:Stock Development Contact Number:Work:239-405-7777 x232 Contact Number:Other:239-908-3079 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239) 252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: .. _._._ PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below,with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County website) 16 ❑ Pre-Application Meeting notes 1 C _ ❑ Project Narrative, including a detailed description of proposed changes 16 Q ❑ and why amendment is necessary Detail of request ❑ [ ❑ Current Master Plan&1 Reduced Copy ❑ ❑ Q Revised Text and any exhibits ❑ x ❑ PUD document with changes crossed through&underlined ❑ x [� PUD document as revised with amended Title Page with Ordinance# ❑ Q [ Warranty Deed ❑ x❑ [ Legal Description ❑ 0 ❑ Boundary survey,if boundary of original PUD is amended ❑ [ ❑ If PUD is platted,include plat book pages ❑ x❑ ❑ List identifying Owner&all parties of corporation 2 [] Affidavit of Authorization,signed &notarized 2 n ❑ Completed Addressing Checklist 1 x❑ [ Copy of 8 A in.x 11 in.graphic location map of site 1 Q ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials ❑ ❑ ❑ to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/17/2015 Page 4 of 5 WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 COVER LETTER IWALDROP ENGINEERING CIVIL ENGINEERING& LAND DEVELOPMENT CONSULTANTS 28100 B11RA GRANDE DR.4305 \� BONRA SPRINGS,FL 34135 , Ft 239.405-7777 F:230-405-7899 June 24, 2016 REVISED JANUARY 2017 Ms. Rachel Beasley Zoning& Land Development Review Department Community Development & Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Lely Resort(PUD) Insubstantial Change (PDI) PL2016-0001163 Dear Ms. Beasley: Enclosed for your review is an application for an Insubstantial Change to a PUD in regards to the Lely Resort Planned Unit Development (PUD), a 2,892.5+/- acre project generally located west of Collier Blvd./CR 951, east of US 41, and south of Rattlesnake Hammock Road in unincorporated Collier County. The Applicant is requesting four (4) new site-specific signage deviations through this application and adding new exhibits relating to these deviations; and deleting one (1) approved deviation relating to signage. BACKGROUND/EXISTING CONDITIONS The Lely Resort PUD was originally rezoned in 1992 to allow for the development of 10,150 dwelling units; 820,000 square feet of commercial uses; 350 hotel rooms; and educational facilities. In 2007, the PUD was amended to allow residential units on the C-2 parcel fronting on U.S. 41, and to amend development standards, square footage requirements, and operational restrictions for commercial uses within the tract.The amendment was approved pursuant to Ordinance 2007-72. In 2014, the Applicant amended the PUD zoning to revise the unit count from 10,150 to 8,946 dwelling units, add deviations and developer's commitments, and modify allowable commercial intensities. This amendment was approved pursuant to Ordinance 15-39. REQUEST The Applicant is requesting Staff's approval of an insubstantial change to the Lely Resort PUD to allow for the following modifications to Exhibit F, Section XV, Deviations, approved per Ordinance 2015-39: • Remove approved Deviation #6 in its entirety relating to reduced separation of signage on the C-2 tract at U.S. 41 and Triangle Blvd.; Lely Signage PDI Cover Letter/Request Narrative Page 1 of 5 • Add a new deviation to allow for one (1) off-premises sign at the southwest corner of the C-2 Tract that fronts US 41 as shown on Exhibit XV-1; • Add a new deviation to allow for one (1) off-premise directional sign approximately 1,500 feet away from the building or use for which the sign is displayed as shown on Exhibit XV-3. This request applies solely to the C-2 Tract located at the southeast corner of Celeste Drive and Triangle Blvd. • Add a new deviation to allow an additional outparcel ground sign on the Chase Bank outparcel located within the C-2 Tract that fronts US 41 as shown on Exhibit XV-1; • Add a new deviation to allow for one (1) directory sign in the middle of the Collier Blvd. frontage on the C-3 Tract located at the southwest corner of Collier Blvd. and Grand Lely Drive on Collier Blvd., and • Add two (2) new exhibits relating to the new deviations. The additional deviations will allow for the appropriate signage for commercial portions of this PUD to ensure visibility from the adjacent arterial and collector roadways. As proposed, the modified deviations will allow for flexibility in the placement of signage throughout this master-planned development, while preventing signage proliferation and conflicts with existing signage and infrastructure. Please refer to the enclosed Deviation Narrative, signage exhibits, and photographs that further detail the appropriateness of the requested signage deviations. JUSTIFICATION/COMPLIANCE WITH LDC§10.02.13.E: The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC§ 10.02.13.E as follows: a. A proposed change in the boundary of the PUD; No, the request will not impact the existing PUD boundary. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; No, the request will not increase the approved density or intensity, or the height of proposed buildings. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; Lely Signage—PDI-PL20160001163 Cover Letter Page 2 of 5 No, the request will not result in a decrease of preserve, conservation, recreation, or open space areas. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; No, the requests do not impact the size of non-residential areas or proposed to relocate such areas within the PUD boundary. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; No, the request will not result in an impact to the development in terms of traffic and public facilities. The deviations being requested through this PDI will allow for enhanced visibility of the allowable signs. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No, the request will not generate a higher level of vehicular traffic. No change in land use activities is being requested. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; No, the request will not result in increased requirements for stormwater retention or increase stormwater discharges. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; No, the request will not modify any existing uses that would impact any surrounding land uses or that would be incompatible. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; No, the request does not impact the project's compliance with the Growth Management Plan. The request is limited to modifying existing signage deviations and Lely Signage—PDI-PL20160001163 Cover Letter Page 3 of 5 adding three new site-specific signage deviations to commercial tracts within the PUD. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or No, the request does not require a determination that the change will result in a substantial deviation. As noted above, the request will not increase density/intensity, traffic generation, non-residential land uses, or decrease environmental areas. The request does not meet any of the criterion outlined in F.S. 380.06(19)(e)2. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13 No, the request is not a substantial modification to the PUD, and may be processed as a PDI pursuant to the LDC and Administrative Code. CONCLUSION: In summary, the proposed Insubstantial Change will allow site-specific signage modifications that do not increase allowable height, or decrease setbacks. The proposed deviations will allow for enhanced signage visibility for commercial components of the Lely Resort PUD, which is critical to the success of businesses. The proposed deviations allowing for alternative signage locations will enhance public safety along the main corridors that surround the Lely Resort by allowing the travelling public sufficient time to read commercial signage, thereby enhancing the effectiveness of the signage.This application will not negatively impact public health, safety or welfare, and the PUD will remain consistent with the LDC and Growth Management Plan (GMP). The following items are enclosed for your review: 1. A check in the amount of$2,025 for the application fees; 2. One (1) copy of the completed PDI Application; 3. One (1) copy of the Pre-Application Meeting notes; 4. One (1) copy of the Cover Letter/Project Narrative detailing the purpose of the request; 5. One (1) copy of the Current Master Plan & 1 reduced copy(81/2" x 11"); 6. One (1) copy of the Revised Section XV, Deviations from the LDC, of the PUD document in strikethrough/underline format with Exhibits XV-1, XV-2, XV-3; 7. One (1) copy of the Recorded Warranty Deeds; 8. One (1) copy of the Requested Deviations and Justifications; 9. One (1) copy of the Legal Description; Lely Signage—PDI-PL20160001163 Cover Letter Page 4 of 5 10. One (1) copy of the Affidavit of Authorization; 11. One (1) copy of the approved Addressing Checklist; 12. One (1) copy of amended Title Page with Ordinance#; 13. One (1) copy of the Location Map (8.5"X11"); 14. One (1) copy of Sign Easement (OR. 4591 PG. 2868); and 15. One (1) copy of Existing Conditions Photographs. Should you require additional information or have any questions, please feel free to contact me directly at (239)405-7777 or lindsay.rodriguez@waldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. 04.4 Lindsay F. Rodriguez, MPA Project Planner Enclosures cc: Keith Gelder, Stock Development Lely Signage—PDI-PL20160001163 Cover Letter Page 5 of 5 WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 CURRENT PUD MASTER PLAN LI Ity F. L± 5IT ?J 747GF le f Pa r �. "J I f2 41 R t, R C � R !11 Rk 446 *NV R � R 5,,� J C .4 ' f..11111 4 „.„. R / , p.; / k ` moar f t c,, q - oo 1 n. 141 r 0.,1)./ . GC . et lit4) . „if..-‘,H1fLAO p, 1 41Z3 i'ci 4.—r'T' .. . { Schoolpr0OC • CA'' if-Nat s' , Ah, `' 4CPN 4:?:, , RR A81� f"'-) 7 LEGEND { .. SPR —‘) . vl C3YM8 ITEM ACRESC ,vA RESIDENTIAL r w.�. r....... i 166.0C R Cl COMMERCIAL/COMMUNITY 38.0 +]i, 'f. �� 1 // C2 COMIERCIAI/PROFESSIONAL 16.0 1, R ,' C3 COMMERCIAL./NEIGHBORHOOD 36.07 ! - A EC EDI3001^GOILEOE 44.0 R ,-5 R 4 J CC. C•ULTURAL CENTER 46.5 1< ' .RC. RESORT CENTER 49.0 4 oc � �C f`"," R ww..... .-.r...r...—..rr..... C .� OC GOLF COURSE 495.0 .,� CONSERVATION/OPEN SPACE 233.0 j ' ((('''�� /F CYPRESSSI PRESERVEO121.5 ` `..( lA7 // ►tPARK/SCHOOL 21.T `, 1 r "��� [�� 7 LAKE 405.5 < '�. .-e'' ./ ! MAJOR COLLECTOR 70.5 ,.5 t}2N1 union COLLECTOR 64.0 ` N MAN LOCAL ROAD 26..5 \� 43 '_wo ACREAGE XXX.X 931 R.O.W. RESERVE 9.0 -N TOTAL ACREAGE AREA 2892.0 'N'.,. /' TOTAL UMTS 8.815 TOTAL COMMERCIAL S0.FT. 1.135.000 �\ P."'1 EXHIBIT H Lely Resort PUDA-PL20140002040 Words slE-tough are deleted; Last Revised: June 12, 2015 Words underlined are added I/ WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 REVISED SECTION XV, DEVIATIONS FROM LDC WITH EXHIBITS XV-1, XV-2 SECTION XV DEVIATIONS FROM THE LDC In addition to deviations currently approved in the PUD,the following deviations are being added to the PUD: * * * * * * * * * * * * * frontage of 220 lineal feet, where there is a minimum of a 1,000 feet separation between such signs,to allow for a maximum of two(2)signs on the C 2 tract that fronts on U.S.41,one of which - - -- 9 acre tract designated as `C 2' on Revised Exhibit 'H', Master Land Use Plan, and located at the northwest corner of Tamiami Trail East and Triangle Blvd. (Parcel No. 55425001008). * * * * * * * * * * * * * Deviation 8: Deviation from LDC Section 5.06.04 G.2.e, which requires off-premises signs to be 12 S.F. in area, 8-feet in height, and located no more than 1,000 feet from the building, structure, or use for which the sign is displayed,to instead allow one (1)off-premises sign to be 120 S.F. in sign copy area, 15-feet in height, and located approximately 1,500 feet away from the C-2' tract located on the northwest corner of Triangle Blvd. and Celeste Drive as shown on Exhibit XV-1. The proposed sign is located within the 0.9+/- acre outparcel and is described as "120 S.F., off- premises sign" on Exhibit XV-1. The off-premises sign will be limited to displaying one (1) 12 S.F. sign placard for the benefit of the entity located within the `C-2' tract at the northwest corner of Triangle Blvd. and Celeste Dr. as shown on Exhibit XV-1 and the remainder of the sign will be limited to displaying sign placards for the entities located within the `C-2' tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. as shown on Exhibit XV-1. This deviation applies solely to the 2.32+/- acre tract designated as 'C-2' on the Revised Exhibit 'H', Master Land Use Plan, and located at the northwest corner of Triangle Blvd. and Celeste Dr., and the 0.9+/-acre outparcel within the 8.28+/-acre tract designated as 'C-2'on the Exhibit'H',Master Land Use Plan, and located at the northwest corner of Tamiami Trail East and Triangle Blvd. Deviation 9: Deviation from LDC Section 5.06.04.F.1., which allows additional on-premises ground or pole signs separated by 1,000 feet, to instead allow an additional sign to be located within 122' of the existing on-premises sign on the 0.9+/-acre outparcel as shown on Exhibit XV- 1. This deviation applies solely to the 0.9+/-acre outparcel within the 8.28+/-acre tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit'H', Master Land Use Plan. Deviation 10: Deviation from LDC Section 5.06.04.F.2.b., which limits outparcels to a single ground sign, to instead allow the 0.9+/- acre outparcel to have two (2) signs as shown on Exhibit XV-1. This deviation applies solely to the 0.9+/- acre outparcel located within the 8.28+/- acre tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit'H', Master Land Use Plan. Words underlined are added; works Hough are deleted. Deviation 11: Deviation from LDC Section 5.06.04 F.3, which permits one (1) directory sign at the entrance on each public street for multiple-occupancy parcels,to instead allow one(1)directory sign on Collier Blvd. to be located where there is no entrance for the 'C-3' Tract located at the southwest corner of Collier Blvd. and Grand Lely Dr. as shown on Exhibit XV-2. This deviation applies solely to the 9-acre tract designated as 'C-3' on Exhibit 'H', Master Land Use Plan, and located at the southwest corner of Collier Boulevard and Grand Lely Drive. Words underlined are added;works dough are deleted. ‘,40tc) C-2 TRACT TRIANGLE BLVD. rn U 0 1,500±FEET W J CO CC o w 3 w V H 0 W C-2 m v co TRACT w U o J w 0 z - Q EXISTING (:)C.-0O o I Ce v SIDEWALKS 9 9 0, .0 q' o yp7, Oc 1E �( W = - c O 122.0' TAMIAMI TRAIL EAST, U.S. 41 J EXISTING 120 S.F. co OUTPARCEL OFF-PREMISES o GROUND SIGN SIGN LU ao rn a X W 0 0 13- co DI m co c LELY SIGNAGE PDI EXHIBIT XV-I WALDROP SECTION: TOWNSHIP: RANGE: FLORIDA CERTIFICATE OF AUTHORIZATION#8636 o PREPARED FOR: ENGINEERINIp. p 3,1 50 26 CML ENGINEERING I PLANNING I LANDSCAPE ARCHITECTURE COUNTY, FLORIDA STOCK DEVELOPMENT 28100 RONITA GRANDE DRIVE-SUITE 305 BONIER SPRINGS,834135 FILE NAME:1009801E0102.dwg R 239-4054777 F:239.405-7999 n- SHEET: 1 OF 1 n EMAIL InfoCwalAropengIna n¢mn In NORTH 11., SCALE:1"=200' GRAND LELY DRIVE -f- En En 16 co v SUBJECT PARCEL \\li PROPOSED 11/47- DIRECTORY SIGN LOCATION in cn II D U a \.," > w w 0 J0 D 0o O o o_c m a CLt. W = J U J 0 x U w 0 3 0 J C io O w NO OO1 0 27 a fix w N Ol C 3 D PLAN REVISIONS REV00<<SUBMITTED»XX/XX/XX 0 N IA R C CA in LELY SIGNAGE PDI EXHIBIT XV-2 IN WALDROP PREPARED OR: SECTION: TOWNSHIP: RANGE: FLORIDA CERTIFICATE OF AUTHORIZATION 48636 ENGINEERING O 1 34 50 26 CML ENGINEERING I PLANNING I LANDSCAPE ARCHITECTURE ,3 COUNTY, FLORIDA U 28100 BONITA GRANDE DINE-SUITE 305 STOCK DEVELOPMENT Q FILE NAME:1009801E0101.dwB BONITA SPRINGS,FL 34135 R 234405.7777 F.238-405-7899 a SHEET: 1 OF 1 EMAIL:1ifoBiL'°afOF°N6 S-co m IAi WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 RECORDED WARRANTY DEED Please return to: 3749731 OR: 3947 PG: 0447 Goodlette,Coleman&Johnson,P.A. RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 4001 Tamiami Trail North,Suite 300 12/13/2005 at 02:41PN DWIGHT B. BROCK, CLERK Naples,FL 34103 COBS 5025000.00 RIC FEB 44.00 DOC-.70 35175.00 OOA: GOODLB??E COME B? AL /- Parcel ID No. 55425001008 4001 ?AKIAH TR N #300 v Parcel ID No. 25910000502 NAPLES FL 34103 Parcel ID No. 25910000751 WARRANTY DEED THIS WARRANTY DEED, made on the 9th day of December, 2005, between Associated Real Estate Southwest,Inc.a Florida corporation,whose post office address is 8825 East Tamiami Trail, Naples, Florida 34113 (referred to herein as `Grantor"), and Stock Development, LLC, a Florida limited liability company,whose post office address is 4501 Tamiami Trail North,Suite 300, Naples, Florida 34103 (hereafter referred to as"Grantee"). (Where used herein the terms Grantor and Grantee shall be construed as singul- • . _ -s the context requires.) CO&T WITNESSETH that the G•= • and in • -` = 'on of the sum of TEN AND 00/100 DOLLARS($10.00)and other. ••• : d valuable conside - '• • Grantor in hand paid by Grantee, the receipt whereof is hereby ck • ---- has granted,b. gal'ed and sold to the said Grantee and Grantee's heirs and assi ns •re ;- _ - fo •win• •-scrib:• la,d,situate,lying and being in the County of Collier, State of F •ri•= t: •' ► ref a ce ("Property"). See Exhibit"A" atta•tr• et • ate& � Subject to those tit - - ceptions set forth •n E hi•it attached hereto and incorporated herein b of -nce. e O TOGETHER with all the t- , "% - - hereditam- • = = • appurtenances thereto belonging or in anywise appertaining. 4/1E AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey this land;that the Grantor hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever. [SIGNATURES APPEAR ON FOLLOWING PAGES] Warranty Deed - 1 - 011: 3947 PG: 0448 IN WITNESS WHEREOF,the Grantor has hereunto set their hands and seal the day and year first above written. Signed, sealed, and delivered Grantor: in th res ce of: Associated Real Estate Southwest, Inc., a Witness / Florida corporation, Print ►dC)XSi i!4 ' ' P MAr By: / 114,1 Wit. s Margriet De Lange, resident Print Name: c•h Ar!:i STATE OF FLORIDA COUNTY OF COLLIER ER CO .- The foregoing instrument w 1• =• • '• •- t yy is y day of December,2005, by Margriet De Lange, as Pr.- • of Associated Re=fit Southwest, Inc., who IiiSr personally known to me or h:. • ••used as identification, and who did n• to - a,_•.:. (SEAL) '�'i'1,���1.t.►jT'_ 7 ' ' .- �ry Public State ofC r si•I3 Dawn E Hannant ! i • a: a a, A ` a " C0 'o �oos3 �::: c- ion res 61— R O-0`� aR Expires _ p��� Li E CI ice` PREPARED BY: Craig D. Grider, Esq. Goodlette, Coleman &Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 Warranty Deed Page 2 OR: 3947 PG: 0449 EXHIBIT"A" LEGAL DESCRIPTION Tract 4, LELY RESORT PHASE ONE, according to the plat thereof recorded in Plat Book 16, Pages 87 through 99, of the Public Records of Collier County, Florida. AND ALSO INCLUDING: Tract 1R and Tract R2, CELESTE DRIVE REPLAT, according to the plat thereof recorded in Plat Book 22, Pages 9 and 10, of the Public Records of Collier County, Florida. „vv-sS,R COO 1, raCC 0 pv i_, v ,___ , fr..) ,ievf, , , co 040. OR: 3947 PG: 0450 EXHIBIT"B" TITLE EXCEPTIONS 1 Easement granted to Florida Power& Light Company, recorded in Official Records Book 34, Page 91, of the Public Records of Collier County, Florida. Ordinances 75-20 (water), 75-21 (trees) and 75-24(zoning)as recorded in Official 2 Records Book 619, pages 1177 through 1381, Public Records of Collier County, Florida. 3 Declaration of Restrictions recorded November 25, 1987 in Official Records Book 1311, Pages 1695 through 1703, Public Records of Collier County, Florida. Terms, covenants, conditions, restrictions, easements, assessments and possible liens created by and set forth in the Declaration of General Covenants, Conditions and Restrictions for Lely Resort recorded March 16, 1990 in Official Records Book 1513, Page 835 and Amendments thereto'. • •' not limited to those recorded in 4 Official Records Book 1906, P: , , : �;• & 17N`- -ecords Book 3405, Page 894, Public Records of Collier C•• . s •a, •u • .1 ..p- covenants or restrictions, if any, based upon race, • cf, gion,sex, sexual o -out gin,familial status, marital status, disability, handi p, = •: • 'gin, ancestry, o -our. = of income, as set forth in applicable state or f der- I- •. --x« • • - -• ent t :t -='d covenant or restriction is permitted by appli ble -w Restrictions, conditio s, r: = = at'. , 711a , • e ma era contained on the 5 Plat of LELY RESOR ' , '0 , = l_-d in,; - :.• 6, Pages 87 through 99, Public Records odl =r ounty, lorida. Subject property lies ' - boundaries of Le' 4 • Development District as evidenced by instrumen • .ed in Official Recor•r,,...l•� ' 1586, Page 530, Official 6 Records Book 2523, Page 4C� • Oficial Re .• - '•"2611, Page 2125, Public Records of Collier County, Flo • - lj . • ,, - levying of Special Assessments thereof. 7 Easement granted to Florida Power& Light Company, recorded in Official Records Book 1605, Page 1558, of the Public Records of Collier County, Florida. Special Assessment for Public Improvement, passed and adopted by the Board of 8 Supervisors of Lely Community Development District and recorded in Official Records Book 1699, Page 1721, Public Records of Collier County, Florida. 9 Notice of Modification of Adopted Development Order recorded in Official Records Book 1838, Page 2074, of the Public Records of Collier County, Florida. Restrictions, conditions, reservations, easements and other matters contained on the 10 Plat of CELESTE DRIVE REPLAT, as recorded in Plat Book 22, Pages 9 and 10, Public Records of Collier County, Florida. 11 Collier County Ordinance 92-15 recorded in Official Records Book 1909,at Page 1296, of the Public Records of Collier County, Florida. 12 Special Assessment for Public Improvement, passed and adopted by the Board of *** OR: 3947 PG: 0451 Supervisors of Lely Community Development District and recorded in Official Records Book 1977, Page 861, of the Public Records of Collier County, Florida. Utility Facilities Warranty Deed in favor of the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the 13 Governing Board of the Collier County Water-Sewer District recorded in Official Records Book 1991, Page 2286, and Bill of Sale recorded in Official Records Book 1991, Page 2282, of the Public Records of Collier County, Florida. Resolution No. 96-41, pertaining to Solid Waste District Number 1 Municipal Service 14 Area, recorded in Official Records Book 2216, Page 925, of the Public Records of Collier County, Florida. Terms, covenants, conditions and other matters contained in the Agreement between Lely Development Corporation, a Texas corporation, and Stock Development, LLC, a 15 Florida limited liability company, as evidenced by Memorandum of Agreement recorded July 10, 2003, in Official Records Book 3337, Page 2624, of the Public Records of Collier County, Florida. �� 1 � GOT C NOTE: All of the recordin! in ormation .• 'fled rein r e to the Public Records of Collier County,Florida,u les •` •'c Fk •' not intend to reimpose same. gip _ ro ) 2969115 OR: 3022 PG: 2088 " =nub is O111CIM UMW of COLLA! C01111, fL s instrument was t> 1112212112 at 17:31111MICH 1. 110C1, Cult COSI 2NMH1,11 without review or opinion of title by SIC 111 11.11 John M.Passidonto 0OC•.11 1111111.1$ °lefty Pwidomo Wildon a Johnson,LLP 821 Fifth Avenue South GOOLitt1 COLIlU R 11 Naples.Florida 34102 1111 ?MIDI MIL 1111/1 131 (941)261-9300 WW1 11 34113 (Sparf.�hew..this.lite.Inr tnrnri iag data) WARRANTY DEED THIS WARRANTY DEED, made the 17 day of Age/l— , 2002, by Commercial Properties Southwest. Inc.. a Florida corporation. Commercial Properties Southwest, Inc., a Florida corporation,as successor by merger to Resort Development of Collier County.Inc..a Florida corporation, Lely Development Corporation,a Texas corporation,and Associated Real Estate Southwest.Inc.,a Florida corporation.whose post office address is 8825 Tamiami Trail East, Naples,Florida 34113.(singularly or collectively"Grantor"),to Stock Development,LLC,a Florida limited liability company,whose post office address is 8946 Mustang Island Circle,Naples,Florida 34113(singularly or collectively "Grantee"): (Wherever used herein,the terms"Grantor"and"Grantee"include all parties to this instrument and the heirs. legal representatives and,assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars($10.00)and other valuable considerations,receipt of which is hereby acknowledged,hereby grants,bargains,sells,aliens, remises,releases,conveys and confinns unto the Granteetall that certain land situated in Collier County. Florida,viz: 4 !1 t 3 It 1 property af The realmore t icularty described in Exhibit "A." 'bit "B."Exhibit "C."Exhibit "D." Exhibit "E,"Exhibit "F," Exhibit"G," Exhibit 14,'} Mbit "I"attached hereto, which Exhibits are incorporated herein by reference. TOGETHER with all the tenements, hereditaments and'appurtenances thereto belonging or in anywise appertaining. _ TO HAVE AND TO HOLD.the same in fee simple forever. AND.the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes for the current and subsequent years,zoning and use restrictions imposed by governmental authority,restrictions and easements common to the subdivision,outstanding oil,gas and mineral interests of record,if any.and those items set forth on attached Exhibit "A-1," which is incorporated herein by reference. As to Grantor Commercial Properties Southwest,Inc.,the conveyance,covenants,and warranties stated herein are limited to and shall only apply to the real property described in attached Exhibit "A," Exhibit "C," and Exhibit "D." As to Grantor Lely Development Corporation,the conveyance,covenants,and warranties stated herein are limited to and shall only apply to the real property described in attached Exhibit"B"and Exhibit"H." As to Grantor Associated Real Estate Southwest.Inc..the conveyance.covenants.and warranties stated herein are limited to and shall only apply to the real property described in attached Exhibit "I),"Exhibit "E." Exhibit "F." Exhibit"0,"Exhibit"H."and Exhibit"I." OR: 3022 PG: 2089 WARRANTY DEED PAGE 2 Prep.1.D.Is:76775000945(Lot 23); 76775000961(Lot 24); 76773001245(Lo1MI: 76773001261(Lot 39): 76775001287(10 40): 76773001643(La 51) 76775001724 Moe 62). 76775001782 ad 65): 76775001805(La 66): 76775001902(14e 71): 76775001926(lot 72); 76775001944(1o4 73); 76773001960(lot 74): 76775002341(Lot 94); 76775002410(La 101): 76775002626(toe 108): 53425003255(Tract 12); 55440009001 and 53410009108(Tract 139); 33440009832(TYact 130; 55440010359 Mort 13D): 00438720004,00438840007,00438920005,and 00446840002(Tracts 40.43,sed 4449) Mustang kkad Lot Pop.1.13 Its stwcbcd This conveyance is subject to those covenants,conditions,restrictions.and reservations set forth on attached Exhibit "A-l"which is incorporated herein by reference. GRANTEE.BY ACCEPTANCE OFTHIS WARRANTY DEED,ACKNOWLEDGES THAT THE PROPERTY CONVEYED IS LOCATED WITHIN THE LELY COMMUNITY DEVELOPMENT DISTRICT.THAT THE LELY COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS.ON THE PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION. OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT,AND ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. GRA> !AGREES THAT IT SHALL PAY ALL SUCH ASSESSMENTS DUE AFTER THE DA AT "HEREOF,TOGETHER WITH INTEREST THEREUPON,IF ANY. IN WITNESS WHEREOF,G siigassliand se leitthese presents the day and year first above written. Signed.Sealed and Delivered 6 to Each Grantor in the Presence{of iti Stymies Southwest.Inc..a Florida corporation, as successor by merger to Resort Li'70, Development of Collier County. Inc., a Florida Qli'fllAI) corporation t 1 i ) _ Witness Name: '` ler IP 1I(t�1� .. Mart de Lange.Preside a� Witness Name: _ . "-- State -State of Florida ) ss: County of Collier ) • The foregoing instrument was acknowledged before me this (7 day of tifec L ` 2002,by Margriet de Lange,President of CommercialProperties Southwest,Inc.,a Florida corporation,who s'pa's is personally known to me or who has produced ,as identification. N AR PUBLIC �iJAM�dtOB�sEtii Name: t71t+MEIWAS.2001 (Type or Print) F41lo `x' sow no1111"'1b"1 woman My Commission Expires: OR: 3022 PG: 2090 WARRANTY DEED PAGE 3 Lely Development Corporation, a Texas corporation 001") By: Witness Name:, PTh Pi [Y1 V I U OF oseph Ryan. ,i nt Wi ss Name: �J State of Florida )ss: County of Collier ) The foregoing instrument was acknowledged before me this 17 day of Qy r• 2002.by Joseph Ryan,President of Lely Development Cpgpration,a Texas corporation,who is personally known to me or who has produced �'�`CC .as ttkn ification. 1 a 'NCi OTARY PUBLIC �► ` Name: w f * ;cc vim -Of Print) k. � t r, iglows .v" ' coomission Expires: OR: 3022 PG: 2091 WARRANTY DEED PAGE 4 Associated Real Estate Southwest.Inc..a Florida corporation. ,/ By: /$?c2 /./i f3 ( LX,0 r WitnessName: Om►P D t% M t de Lange.President ge Witness Name: State of Florida ) )ss: County of Collier ) The foregoing instrument was acknowledged before me this i -7 day of • President of Associated Real Estate South a Fl corporation,who rsonally known to me ho has produced . ' non. C \'Y 'UBLIC �� INC! Y (TYPe tx ) ' w sec soeoo2 My . Expires: e - I A 11Pir WO m 1.- 4 Fawpdocs RE.ELYDEVCDD SakClosinn'DocumentAr tydeed2.41d '' ,,�, MUSTANG ISLAND FOLIO NUMBERS OR: 3022 PG: 2092 60698000023 Tract R 60698000641 Lott 60698000067 La 2 60696000083 La 3 60698000106 La 4 60698000122 LOS 606911000148 Loth 60698000164 La 7 60698000180 Ld 8 60698000203 La 9 60698000229 Ld 10 6069800024$ tall 60696000261 La 12 60698000287 La 13 60698000300 La 14 60696000326 Lot IS 60698000368 La 17 60698000384 Lail 60698000407 La 19 60698000423 Lot20 60698000449 lax 21 60698000463 La 22 60698000481 La 23 60648000514 La 24 606+96000520 la 25 60698000546 La 26 60698000562 La 27 6069000588 Lot 28 6069800060) Lot29 60698000627 La 30 60698000643 La 31 60698000669 La 32 60698000685 1ot33 60698000708 La 34 60698000724 Lot35 60698000740 Lal 36 60698000766 la 37 60698000782 Lo138 606980011805 Lot 39 606980001121 Lut40 60698000847 La 41 60698000863 La 42 60698000889 L0141 60698000902 La 44 60698000928 La 45 60698000944 La 46 60698000 960 La 47 60696000986 lot 48 60698001008 Lot49 60698001024 Lo150 60698001040 Lax Si 60698001066 Lot S2 60696001082 Lat S3 60698(101105 La 54 60698001121 LOSS 60698001147 Lut 56 60691001163 La 37 60698001189 ,,A4:4511 1�._T '60698001202 Lot S9 60698001228 La160 60698001244 Lot61 606910D2ø0 - 1a 62 60698001286;`.LLot63 60698001300 Lax 64 60698001325 Lot6S 60698551341 c-14066 _. 6069800)367\ 67 00698001383 Last 68 60698001406 La 69 60698001422 Lot70 .,x"' 6064001448 La 60698001464 Lax 72 60698001480 La 731503.' 74 ; 60698001526 lot7 60698001545 tot76 60698001561 L4477 I 1 547 7060698001*00°, L#0 60698001626 Lot 80 60698001642 La 81 604100) IAM 112 I. , 1614 /La 13 60698001707 tax 84 0069600)723 Lax 85 606980061 1486 1763 Lot87 60698001781 Lax 88 60698001804 Lair) 60698001820 Ly 90 60407846 La 91 60698001888 Lax 93 60698001901 Lot 94 60698001927 414 9S . t 6( )943 1o196 606980014W Lot 97 60691002007 La 99 60698002023 144100 60698002019 la 101 60698002065 Lat102 60696002081 La 103 60698002104 Lo1104 60698002120 La 105 60698002146 La 106 60698002162 La 101 60698002188 La 108 60698002201 La 109 60698002227 La 1)0 60698002243 Lot III 60698002269 Los 112 60698002283 Lail) 606980022308 La114 60698002324 1.61115 60698002340 Lot116 60698002366 Lo1117 60698002382 la 118 60698002405 Lat119 60698002421 1.44120 60698002447 1.0 121 60698002463 La 122 60698002489 L0123 60698002302 Lot124 60698002528 Lat123 60698002344 Lot 126 60698002560 1431127 60698002586 La 128 60698002609 La 129 60618002625 La 130 60698002641 Los131 60698002667 Lol 132 60696002681 to 133 60648002706 lax 134 60698002722 1424133 60698002748 La 136 60698002764 La 137 60698002780 La 138 60698002803 La 139 00698002829 Lot 140 60698002845 la 141 60698002861 Lax 142 60698002887 La 143 60698002900 La 144 60698002926 Lot 143 60698002942 La 146 60696002968 La 147 60698002984 Lot 148 60698003006 lax 149 P%u pdoi AE\L1LYDEV3CDD Saktekatia8 Docuaxa AMusl.bt.lolio.aos-wpd OR: 3022 PG: 2093 EXHIBIT"A-1" Grantor hereby declares and Grantee agrees for itself, its successors and assigns, that title to the Property is subject to the following covenants. conditions. restrictions, reservations, and conditions subsequent which shall run with the Property and shall be binding upon all parties having any right,title or interest in and to the Property.or any portion thereof, their successors and assigns,and shall inure to the benefit of Grantor,its successors and assigns.The title to the Property conveyed under this deed is conveyed subject to.and shall be held,sold and subsequently conveyed subject to,the following covenants,conditions, restrictions,reservations,and conditions subsequent. ARTICLE I-COVENANTS AND RESTRICTIONS 1.1. Assignment of Dwelling Units:In accordance with Section 11 of the Lely Resort Community PUD. as recorded in Official Records Book 1909.Page 1296,of the Public Records of Collier County.Florida(the "PUD"),Grantor,as developer under the PUD,hereby assigns the following number of dwelling units to the respective Parcels of the Property(except as otherwise designated in this Article 1,development of single or multi-family units on the Property shall be governed by the PUD): a. Exhibit "A" Property • assigned. and shall contain no more than, One (1) residential unit upon each I -< in Exhibit"A." b. Exhibit "B"Propertied hereby assigned,and shall contain no more than.One Hundred Forty-six(146)residential units .•.- -.- - . c. Exhibit"C" rty Is hereby assignedQne Hundred Thousand(100,000)square feet of commercial u pettnitted in the( -3)zonIttg district. d. Exhibit "D" -Is hereby assigned Four Hundred(400)residential units. e. Exhibit"E" • s hereby assigned Otte Hundred Ninety-six(1%)residential units. f. Exhibit "P*Property reby assigned Twp Hundred(200)residential units. g. Exhibit"G"Property-Is hcrebq- a'wo Hundred Forty-nine(249)residential units. h. Exhibit"H"Property-Is hereby assigned Eight Hundred Eighty-nine(889)residential units. i. Exhibit"1"Property-Is hereby assigned One Hundred Fifty-eight(158)residential units. 1.2. Modiftcatio: These covenants may not be modified,and the number of residential units assigned to each individual parcel of the Property under Paragraph 1.1 hereof shall not be exceeded. without the written consent of Grantor,its successors and/or assigns. 1.3. ,severability: If any provision hereof is held to be invalid in whole or in part by any court of competent jurisdiction,then such holdings shall in no way affect the validity of the remaining provisions, all of which shall remain in full force and effect. 1.4. IIID: Unless terminated earlier by recorded instrument executed by Grantor and Grantee(or their respective successors or assigns), the restrictions stated herein shall remain in full force and effect for a period of Twenty(20)years after the date that this Deed is recorded in the Public Records for Collier County, OR: 3022 PG: 2094 Florida.and thereafter Grantee's title shall automatically be relieved,released,and discharged from their effect. Witnesses: Accepted by Grantee: Stock Developme t.LLC.a Florida limited liability company .......44?_________AA_______.---- wLel ,r ,! if „ 4..4. C. By: Brian Stock,its managing member FUrptiocsHtELELYDEVCDD SakrClosing DutatrantAitesinctioss&Cov«sau2.pJ 77 1 i 1 r-� — - -.4:' N 0 1' ., II Ci _ EXHIBIT A OR: 3022 PG: 2095 -- Lots 23, 24, 38, 39, 40, 58, 62, 65, 66, 71, 72, 73, 74, 94, 101 and 108, TIGER ISLAND ESTATES, according to the plat thereof as recorded in Plat Rook 19, Pages 87 through 92 of the Public Records of Collier County, Florida. <„ � ( j , .. , _ \____,„ \ 1 0 19 ) \ I 7.•-• ' ' , EXHIBIT "B" LANDS OR: 3022 PG: 2096 All of MUSTANG ISLAND according to the plat thereof as recorded in Plat Book 37, Pages 37 through 40, of the Public Records of Collier County, Florida. LESS AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED LANDS: Lots 16, 92 and 98 of MUSTANG ISLAND according to the plat thereof as recorded in Plat Book 37, Pages 37 through 40, of the Public Records of Collier County, Florida. ° _ '�-O ((iC 0 CO !Y ) 1 tjz • • EXHIBIT "C" OR: 3022 PG: 2097 BEING TRACT 12, WILY RESORT PHASE ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOR 16, PAGES 87 THROUGH 99. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. I I ,-------------- ,-----kt:R Coo .7"-"C., .. ----- .... (IC 01 ) V1-- r- ,4„.••• t..., • EXHIBIT "0" OR: 3022 PG: 2098 BRING TRACT 13B, LILY RESORT PHASE ELEVEN, ACCORDING TO THE PLAT ....... THEREOF AS RECORDED IN PLAT BOOK 23, PAGES 52 THROUGH SS, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. C-,ou---7-------„,,,,, vt-i,4 R ."- 1/4..) -----,......._ -, \\\ \ 3 ( „ ....,......._ EXHIBIT"is'. OR: 3022 PG: 2099 LEGAL DESCRIPTION OF PART OF TRACT 13C LELY RESORT PHASE ELEVEN, PLAT BOOK 23, PAGES 52 THROUGH 55, COLLIER COUNTY, FLORIDA ALL THAT PART OF TRACT 23C, LELY RESORT PHASE ELEVEN, PLAT BOOK 23, PAGES 52 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLYMOST CORNER OF SAID TRACT 13C; THENCE ALONG THE BOUNDARY OF SAID TRACT 13C IN THE FOLLOWING THREE DESCRIBED COURSES: 1) NORTH 45'52'00" EAST 132.07 FEET; 2) NORTH 41'34'00" WEST 107.91 FEET; 3) NORTH 18'36'00" EAST 597.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE BOUNDARY OF SAID TRACT 13C IN THE FOLLOWING TWELVE DESCRIBED COURSES: 1) NORTH 18'36'00" EAST 14.02 FEET: 2) NORTH 02'33'00" EAST 316.00 FEET; 3) NORTH 13'29'00" WEST 300.00 FEET; 4) NORTH 61'34'00" EAST 95.00 FEET; 5) SOUTH 24'00'00" EAST 150.00 FEET; 6) SOUTH 80'34'00" EAST 150.00 FEET; 7) NORTH 56'30'00" EAST 110.00 FEET; 8) NORTH 29'08100" WEST 70.00 FEAT:- 9) NORTH 12'30'30" EAST 495,AO 10) NORTH 60'38'00" EAST 96 L11 J1` 11) NORTH 25'15'00" WEST ?`O FEET: 12) NORTH 27'27'00" FASTd,,. 00 FEET TO THE BOUNDARY OF THE PLAT THE CHASE PRESERVE OF LELY RESORT PHASE ONE, PLAT BOOK 23, PAGES 96 THROUGH 98, OF .THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; r`` THENCE ALONG SAID louNty, IN THE FOLLOWING THREE" SCRIBED COURSES: 1) SOUTH 93'52'27";EAST 88 60. FEET; 2) NORTHERLY 7.65 *RETALONGtOc OF A NON- Etf'!'!'A CIRCULAR CURVE CONC' 1I$ EASTERLLY HAVING A RADIUS 'tAl OF 441r.130 FEET THROUGH A CENTRA1f,ANGLE OF 00'56'27" ```u10 BEING SUBTENDED BY A CHORD WHICH BEAR S'ORTH 06'35'47" EA ` `7.65 FEET 3) ALONG A NON-TANCEN .'LINE SOUTH 82'56'00" EAST 124.00 FEET TO THE BOUNDARY OF SAID TRACT -2C SAID BOUNDARY ALSO BEING THE WESTERLY RIGHT-OF-WAY Lims-vr CELESTE DRIVE ACCORDING TO SAID PLAT OF LELY RESORT PEtaA*RBIL.EVE14t• THENCE ALONG SAID RIGHT-OF-WAVLO IIt TE . FOLLOWING FIVE DESCRIBED COURSES: 1) SOUTHERLY 24.77 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 342.00 FEET THROUGH A CENTRAL ANGLE OF 04°09"00" AND BEING SUBTENDED BY A•CHORD WHICH BEARS SOUTH 04'59"30" WEST 24.77 FEET; 2) SOUTH 02'55'00" WEST 766.39 FEET; 3) SOUTHERLY 547.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIUS OF 958.00 FEET THROUGH A CENTRAL ANGLE OF 32'45'39" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 19'17'50" WEST 540.34 FEET; 4) SOUTH 35'40'39" WEST 407.29 FEET; 5) SOUTHWESTERLY 221.71 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 742.00 FEET THROUGH PINK I oil /1 i.AluI I -1: (Mil;Z UI'2) OR: 3022 PG: 2100 A CENTRAL ANGLE OF 17'07'12■ AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 27'07'03" WEST 220.89 FEET: - THENCE LEAVING SAID RIGHT-OP-WAY LINE ALONG A NON-TANGENTIAL LINE NORTH 73'35'!0" WEST 230.95 FEET TO THE POINT OF BEGINNING: SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST LINE OP SAID TRACT 13C BEING NORTH 45'52'00" EAST. f(f:12 1 0 i . ) ......., ti •( 1 P. .2.12 EXHIBIT "F.• OR: 3022 PG: 2101 BEING TRACT 13D, LBLY RESORT, PHASE ELEVEN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGES 52 THROUGH SS OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. p n . (7, t-4 lJ �z1/4./ EXHIBIT "G" (TRACT 40) OR: 3022 PG: 2102 A PORTION OF SECTION 28, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWESTERLY MOST CORNER OF WILDFLOWER WAY, LELY RESORT PHASE EIGHT, AS RECORDED IN PIAT BOOK 23, PAGES 33 & 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S. 83640'04" E., ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF SAID WILDFLOWER WAY, A DISTANCE OF 778.07 FEET; THENCE DEPARTING FROM THE SOUTHERLY RIGHT•OF-WAY OF SAID WILDFLOWER WAY. S. 24'50'00" W., A DISTANCE OF 210.04 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY, 221.24 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 31'41'26" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 08'59'17" W., 218.43 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, 266.07 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE WESTERLY, HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 38'06'44" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 12'11'56" W., 261.20 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHWESTERLY, 109.50 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OP 188.00 FEET, THROUGH A CENTRAL ANGLE OF 33622'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 47'56'25" W., 107.95 FEET TO A POINT OF TANGENCY; THENCE S. 64'37'32" H., A DISTANCE OF 296.15 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY, 167.83 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 88.00 FEET, THROUGH A CENTRAL ANGLE OF 109616'1I" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 60644'22" W., 143.52 FEET TO A POINT OF TANGENCY; THENCE N. 06'06'17" W., A DISTANCE OF 237.44 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY, 90.06 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 62.00 FEET, THROUGH A CENTRAL ANGLE OF 83'13'43" AND BEING SUBTENDED ,Y�1A CHORD 'IAfI 'ff BEARS N. 47'43'08" W., 82.35 FEET TO A POINT OF TANGENCY; TTN. 89'20'00" W., A DISTANCE OF 232.96 FEET TO A POINT THE EASTERLY RIGHT-OF.WAY LINE OF LELY HIGH BOULEVARD. LELY RESORT PHASE SEVEN, AS RECORDED IN ptAT BOOK 21';'—PAGES 30 THROUGH, 32 F THE PUBLIC RECORDS OF AFORESAID COLLIER COUNTY, FLORIDA,.s.�THE SAME BEGIN A POINT ON A NON- TANGENTIAL CURVE; THENCE RUN THE FOLLOWING-THREE (3) COURSES AN DISTANCES ALONG THE EASTERLY RIGHT-OF-WAY - *LY HIGH BOUpityARD; COURSE NO. 1: NORTHERLY, 195.00 FEET ALO -C +F IRCULAR ."CONCAVE WESTERLY, HAVING A RADIUS OF 330.00 FE • t •- RAL,ANGLE' 3$;'-x,1 '22" AND BEING SUBTENDED BY A CHORD WHICH BEARS 0 441" B., '192.T'1 FEETTO A POINT OF TANGENCY; COURSE NO.2: N. 03'21 00" E., 390.50 FEE?TO J POINT''," F CURVATURE; COURSE NO. 3: NORTHEASTERLY, 2 FEET ALONG THE AN%,.OP A CI1 • I.AR CURVE, CONCAVE SOUTHEASTERLY, HAVI • `'i •IUS OF 25.00 FEE?,' THROUGH , CENTRAL ANGLE OF 96'18'46" AND BEING SUBTEND .. BY A CHORD WHICH BEARS N. 51630•Z3" E„ 37.25 FEET TO A NON-TANGENTIAL LINE, THESmit,, I+fy'O!1 THE SOUTHERLY RIGHT- BEING A POI WON LINE OF AFORESAID WILDFLOWER,f1A ,THENCE S. 82'00'09" E.. ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID 'own WV, A DISTANCE OF 78.46 FEET TO THE POINT OF BEGINNING. o� IW un LXH t H 1'i' "II" (rage 1 ut 4) (INCLUDES PART OF TRACT 43, ALL OF TRACT 44, TRACT 45, TRACT 46 AND TRACT 47) A PORTION OF SECTIONS 28 6 33, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 51 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EASTERLY BOUNDARY LINE OF NAPLES MANOR LAKES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGES 86 THROUGH 87 (INCLUSIVE) OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE N. 02'47'55" E., ALONG THE EASTERLY BOUNDARY LINE, OF SAID PLAT OF NAPLES MANOR LAKES AND ALONG THE WEST LINE OF SAID SECTION 28. A DISTANCE OF 1,226.36 FEET; THENCE DEPARTING FROM LAST SAID LINES, S. 87'12'05" E., A DISTANCE OF 969.84 FEET; THENCE N. 02'47'40" E., A DISTANCE OF 1,702.00 FEET; THENCE H. 38'47'48" W., A DISTANCE OF 165.86 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF LELY HIGH BOULEVARD, LELY RESORT PHASE SEVEN, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGES .30 THROUGH 32 (INCLUSIVE) OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY. FLORIDA; THENCE N. 49'43'00" F., ALONG THE. SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID LELY HIGH BOULEVARD, A DISTANCE OF 1,179.37 FEET; THENCE DEPARTING FROM THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID LELY HIGH BOULEVARD, S. 40'17'00" E., A DISTANCE OF 189.08 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY, 277.42 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 117.00 FEET, THROUGH A CENTRAL ANGLE OF 116'16'06" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 17'51' 03" w., 198.73 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY, 55.51 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 62.00 FEET, THROUGH A CENTRAL ANGLE OF 51'17'41" AND BEING SUBTENDED BY A CIAORfl4-WHICH HEARS S. 50'20'15" W., 53.67 FEET TO A POINT OF TANGENCY; THENCE 3.'4014125" W., A DISTANCE OF 265.24 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY; 167,80 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 45'20`57" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 02'00'57" W., 163.45 FEET TO A POINT OF TANGENCY: THENCE S. 20'39'31" E., A DISTANCE OF 75.54 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY, 266.02 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE WESTERLYHAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF71i'2I`i3I". AND BFI \SUBTENDED BY A CHORD WHICH BEARS S. 17'26'44" W., 246.84IFEET TO A PO1 OF TANGENCY; THENCE S. 55'33'00" W„ A DISTANCE or 105.97 =(FEET TO A POINtCU or RVATURE; THENCE WESTERLY, 222.70 FEET THE ARR OF" A-- IRCUL.AR'CURVE. CONCAVE NORTHERLY. C HAVING A RADIUS OF 30.0_1. , FEET, THROUGH A CENTRAL. ANGLE/OF 42'32'00" AND BEING: °� SUBTENDED BY A CHORD WH BEARS S. 76'49' 11 >W., 2t7,6 .... FEET TO A POINT OF TANGENCY; THENCE N. 81 0.0" W., A DISTANCE OF 2 2 .82`FEET; THENCE S. 02'47'40" W., A D1STANO(OF 236.83 FEET; THENCE.f..193'55'00" E,., A DISTANCE OF O 633.81 FEET; THENCE S. 1 '65'00" W., A DISTANCE-0V 608.11 FEET; THENCE S. N 31'50'00" W., A DISTANCE OF 839.38 FEET; THFN0g` P 85'17'00" W., A DISTANCE OF N 81.35 FEET TO A POINT ON A NON-TANGENTIALCURVE; THENCE SOUTHERLY, 167.48 FEET ` °TO ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF .. 1,030.00 FEET, THROUGH A CENTRAL ANGLE OF 09'19'00" AND BEING SUBTENDED BY A CHORD WHICH REARS S. 09'22'30" W., 167.30 FEET TO A POINT OF TANGENCY; THENCE !V S. 14'02'00" W., A DISTANCE OF 232.63 FEET TO A POINT OF CURVATURE; THENCE O SOUTHERLY, 392.44 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE EASTERLY, W HAVING A RADIUS OF 460.00 FEET, THROUGH A CENTRAL ANGLE OF 48'52'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 10°24'26" E., 380.65 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHEASTERLY, 52.23 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 29'55'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. - 49'48'39" E., 51.64 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY, 92.79 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF Pc1nl4 3S'26'42" AND BEM SUBTENDED BY A CHORD WHICH BEARS S. 47'03'06" E.. 91.32 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY. 52.23 FEET ALONG THE ARC OF A CIRCULAR CURVE,- CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 100.00 FEET, Through A CENTRAL ANGLE OF 29'55'35" AND BEING SUBTENDED BY A CHORD _ WHICH BEARS S. 44'17'32" E., 51.64 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHEASTERLY. 8.44 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 460.00 FEET, THROUGH A CENTRAL-ANGLE OF 01'03'04• AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 59'46'52" E.. 8.44 FEET TO A NON-TANGENTIAL LINE; THENCE N. 00'26'59" E., A DISTANCE OF 349.99 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, 21.01 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY. HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 24'04'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 11'35'08" W., 20.85 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY. 721.28 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A- RADIUS OF 180.00 FEET. THROUGH A CENTRAL ANGLE OF 229'35'24" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 88'4993" E., 326.81 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, 11.13 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE EASTERLY, HAVING A RADIUS OF 25.00 FEET. THROUGH A CENTRAL ANGLE OF 25'31 '10' AND BEING SUBTENDED BY A CHORD WHICH REARS S. 13'12'34" W., 11.04 FEET TO A POINT OF TANGENCY; THENCE S. 00'26'59" W., A DISTANCE OF 414.11 FEET; THENCE S. 89'J3'01" E., A DISTANCE OF 5.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, 388.82 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE NORTHWESTERLY. HAVING A RADIUS OF 470.00 FEET, THROUGH A CENTRAL ANGLE OF 47'23'59" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 66'45'00" E., 377.83 FEET TO THE END OF SAID CURVE AND "POINT A"; THENCE N. 46'57'00" W., A DISTANCE OF 130.00 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE NORTHEASTERLY, 215.41 FEET ALONG THE.ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 340.00 FE :"THROUGH A CENTRAL ANGLE OP 36'18'00" AND BEING SUBTENDED BY A CHORD WH 1 BEARS N. 24'54'00" E., 211.82 FEET TO A POINT OF TANGENCY; THENCE N. 06'45' 0" 1.:�`{t DISTANCE OF 495.54 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY. 569.'34 `F'EET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 760.00 FEET. THROUGH A CENTRAL ANGLE OF 42'35'20" AND BEIN'SUBTENDED BY A CHORD WHICH BEARS N. 28"12'40" E., 556.12ET/TO A POINT OF`:I1EVERSk CURVATURE; THENCE NORTHERLY. 69.23 FEET ALONG THE C OF`A�CIRCULAR,\fURVE, CONCAV t"WESTERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH ACENT AM�ANGLE OF 79,1 '41" AND BEING SUBTENDED BY A CHORD WHICH BEA Nj\ IO' 4\30:*.,j 63.83 FOA POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY, ,6 s5 FEET A EF,TTIE ARC OP A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 80.00,PEET, THROUGH A CD CENTRAL ANGLE OF 191'28'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. .. 66.05'00" E., 358.20 FEET TO A POINT OF REVERSRE; THENCE SOUTHEASTERLY. 69.23 FEET ALONG THE ARC OF A CI ;'CURVE, CONCAVE 4.w NORTHEASTERLY, HAVING A RADIUS Q( 50.00 FEET, _THROUGH A CENTRAL ANGLE OF N 79'19'41" AND BEING SUBTENDED BY-A"C11ORD WHIC11.4BEARS S. 57°50'30" E., 63.93 FEET TO A POINT OF REVERSE CURVATURE; THENCCEASTERLY, 447.75 FEET ALONG THE «d ARC OF A CIRCULAR CURVE. CONCAVE SOUTHERLY, HAVING A RADIUS OF 760.00 FEET. , C';') THROUGH A CENTRAL ANGLE OF 33'45'20" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 80'37'40" E., 441.30 FEET TO A POINT OF TANGENCY; THENCE. S. 63'45'00" E., A DISTANCE OF 331.72 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY, 4= 591.97 FEET ALONG THE ARC DE A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A WP. RADIUS•OF 695.00 FEET, THROUGH A CENTRAL ANGLE OF 48'48'06" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 39'20'57" E., 574.23 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY, 64.68 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 74'06'45" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 52'00'17" E., 60.26 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, 569.42 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 181°15'06" AND BEING SUBTENDED BY A CHORD WHICH REARS S. 01'33'54" W., 359.98 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY, 57.56 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH Paw 2o1'4 EXHIBIT "H" (Page 3 of 4) OR: 3022 PG: 2105 A CENTRAL ANGLE OF 65'57'16" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 59'12'49" W., 54.43 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY, 337.29 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE. NORTHWESTERLY, HAVING A RADIUS OF 390.04 FEET, THROUGH A CENTRAL ANGLE OF 49'32'49" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 51°00'35" W., 326.88 FEET TO A POINT OF TANGENCY; THENCE S. 75'47'00" W., A DISTANCE OF 273.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, 287.77 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 540.00 FEET, THROUGH A CENTRAL ANGLE OF 3'0'32'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 60'31'00" W., 284.38 FEET TO A POINT OF TANGENCY; THENCE S. 45'15'00" W., A DISTANCE OP 225.93 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, 124.99 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 410.00 FEET, THROUGH A CENTRAL ANGLE OF 17'28'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 53'59'01" W., 124.51 FEET TO A POINT ON A NON-TANGENTIAL CURVE; THENCE SOUTHERLY, 1.40 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE WESTERLY, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 00'47'59" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 03'50'31" W., 1.40 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, 45.10 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 25'50'31" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 08'40'45" E., 44.72 FEET TO A POINT OF TANGENCY; THENCE S. 21'36'00" E., A DISTANCE OF 15,45 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY, 247.05 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 470.00 FEET, THROUGH A CENTRAL 'ANGaE OF;30'07'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 36'39'30" E., 214.21-FEET TO ANRoirir OF TANGENCY; THENCE S. 51°43'00" E., A DISTANCE OF 66.44 FEET: THENCF.'5,�_''3d'17'Un" W., A DISTANCE: OF 60.00 FEET; THENCE N. 51'43'00" W., A DISTANCE QF 66.44 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY, 278...59 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, 114AVIN10 A-RADIUS OF 53000 FEET, THROUGH A CENTRAL ANGLE OF 30'07'00" AND BEING SUBTENDED BY A CHORDWHICH HEARS ,N. 36'39'30" w., 275.39 FEET: TO A POINT OF TANGENCY; THENCE N. 21°36'O0" W., A DISTANCE OF 15.45 FEET; '1tHENCE S. '60.24100" W., A DISTANCE OF 11.74 FEET; THENCE N. 89'33'01" W. {\DIST1fNCF. OF 2,626.87 F : To TIIIIF POINT OF BEGINNING. LESS AND ACCEPT COMMENCE AT AFOREMENTIONED "POINT A"; THENCE N 17'09'19" F., A DISTANCE: OF 269.52 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED AND A POINT ON A NON-TANGENTIAL. CURVE; THENCE NORTHERLY, 190.49 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE. 1ESTERLY. HAVING A RADIUS OF 660.00 FEET, THROUGH A CENTRAL ANGLE OP 16'32'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 15°01'07" E., 189.83 FEET TO A POINT OF TANGENCY; THF.NCF. N. 06'45'00" E., A DISTANCE or 495.59 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, 618 33 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 440.00 FEET, THROUGH A CENTRAL ANGLE OF 106'33!38" AND HF.ING SUBTENDED BY A CHORD WHICH BEARS N. 60°01'44" F., 705.38 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY, 81.11 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 50.00 FEET. THROUGH A CF.NTRAI. ANGLE OF 9?'56' '2" AND BEING `OH't'FNDF:D HY A CHORE) WHICH BEARS S. 20'13' 11" E., 12.',0 F'F:F:T TO A POINT OF TANGENCY; .fl(E:N['F. S. 26°1` DO" N., A DISTANCE OF 143.30 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, 139.89 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 57'15'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 54'52'30" W., 134. 14 FEET TO A POINT OF TANGENCY; THENCE S. RI'30'00" W., A OISTANcE OF I:'..'4 FEET TO A PoINT (F 1''v' 4444 LAI UWLT -H- wage 4 01 4; OR: 3022 PG: 2106 CURVATURE; THENCE WESTERLY, 21.01 FEET ALONG THE ARC OP A CIRCULAR CURVE, CONCAVE NORTHERLY. HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 24'04'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 84'27'53' W., 20.85 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY, 709.55 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE EASTERLY. HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 225'51'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS- S. 05'21'29" E., 331.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY, 38.03 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 21°47'12" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 72'36'24" E., 37.80 FEET TO A POINT OF TANGENCY; THENCE N. 83830'00" E., A DISTANCE. OF 22. 12 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, 459.63 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 460.00 FEET, THROUGH A CENTRAL ANGLE -OF 57'15'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 54'52'30" E., 440.73 FEET TO A POINT OF TANGENCY; THENCE N. 26'15'00" E., A DISTANCE OF 136.56 PEET TO A POINT OF CURVATURE; THENCE EASTERLY, 89.12 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 102'07'38" AND BEING SUBTENDED BY A CHORD WHICH BEARS N, 77'18'49" E., 77.78 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHEASTERLY, 305.14 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 375.00 FEET, THROUGH A CENTRAL ANGLE OF 46`37'22" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 28'18'41" E., 296.80 FEET TO A POINT OF TANGENCY; THENCE S. 05'00'00" E., A DISTANCE OF 100.06 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, 98.75 FEET ALONG THE ARC OF A CIRCULAII CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 70.04 FEET, THROUGH A CENTRAL ANGLE OF 80'47'00" AND BEING SUBTENDED BY A CHORD WHICH REARS S. 35'23'30" W., 90.77 FEET TO . 'I'NT OF TANGENCY; THENCE S. 75847'00" W., A DISTANCE OF 273.84 FEET TO JOINT OF CURVATURE; THENCE SOUTHWESTERLY, 458.30 FEET ALONG THE ARC OF A CT. N ' CURVE, CONCAVE-..SOUTHEASTERLY, HAVING A Radius OF 860.00 FEET, THROUGH A TRAL ANGLE OF 30'32'00" AND BEING SUBTENDED BY A CHORD WHICH REARS S. 60'31''; ., 52.90 FEET TO A. POINT of TANGENCY; THENCE: S. 45'15'00" W., A DISTANCE ' - - .9- . 0\A POIOF, CURVATURE: THENCE WESTERLY, 164.47 FEET ALONG THE CIRCULAR CU VE, s,CONCAVE NORTHERLY. HAVING A RADIUS OF 2 0.0; F' 4 -A Cr E OF 47'07'(0" AND BEING SUBTENDED BY A CHORD WHI`H ; ,8 48'30",x' , 9'87 FEET TO A POINT OF TANGENCY; THENCE N. 7' 'I I4TANCK OF , 2 .'i tF:f:T TO A MINT OF CURVATURE; THENCE NORM-, = +'''r , 80 FEET ALONG 'ME ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLYy'1 VINO A RADIUS OF 50.00 FEET °THROUGH A CENTRAL ANGLE OF 110'55'13" AND BEI ',1 !WENDED BY A C}toRU WHICH 1 :. . N. t2'10'l1" W., 82.37 PEET TO THE POI : .'BEGINNING. a O i'., N (;\. Par;4.t 1 ^ EXHIBIT "I" (TRACT 49) *** OR: 3022 PG: 2107 ala A PORTION oh' tIEL"CION 14. TOWNi;llll' tto WWII, RANCIK 24 IANT. nil Ilui cowry. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 78, MUSTANG ISLAND, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37, PAGES 37 THROUGH 40 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE N. 85'24'02" K., ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 78, A DISTANCE OF 286.27 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF MUSTANG ISLAND CIRCLE, A 60.00 FOOT PUBLIC RIGHT-OF-WAY, THE SAME BEING A POINT ON A NON-TANGENTIAL CURVE; THENCE SOUTHEASTERLY, 253.25 FEET ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID MUSTANG ISLAND CIRCLE AND ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 490.00 FEET, THROUGH A CENTRAL ANGLE OF 29'36'44" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 53'54'43" E., 250.44 FEET TO THE END OF SAID CURVE; THENCE DEPARTING FROM THE SOUTHWESTERLY RIGHT- OF-WAY LINE OF SAID MUSTANG ISLAND CIRCLE, S. 21°16'55" W., A DISTANCE OF 256.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY, 321.51 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 52'37'55" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 05'02'02" E., 310.33 FEET TO A POINT OF TANGENCY: THENCE S. 31'21'00" E., A DISTANCE OF 435.19 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY. 117.78 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 88.00 FEET, THROUGH A CENTRAL ANGLE OF 76'41'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 06'59'30" W., 109.18 FEET TO A POINT OF TANGENCY: THENCE S. 45'20'00" W., A DISTANCE OF 75.12 FEET TO A POINT OF CURVATURE; THENCE WESTERLY, 206.34 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 169.60 FEET, THROUGH A CENTRAL ANGLE OF 69'42'37" AND BEING SUBTENDED/BY A CHORD WHICH BEARS S. 80'11'18" W., 193.85 FEET TO A NON-TANGENTIAL LINE: THENCE N. 36'51'00" W., A DISTANCE OF 79.90 FEET TO A POINT OF CURVATUREg--THENCE WESTERLY, 255.08 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A=±RADIUS OF 185.00 FEET, THROUGH A CENTRAL ANGLE OE 79'00'00" AND BEING SUBTENDED BY A CHORD WHICH HEARS N. 76'21'00" W., 235.35/FEET TO` FOINT OF TANGENCY THENCE S. 64'04'00" W., A DISTANCE OF 190.29 F*ET A PC41NT ON THE NORTH-SOUTH 1/4 LINE OF AFORESAID SECTION 33; THENCE N. ,,Q?�1 4 '2.301:144I. - Tit NORTH-SOUTH 1/4 LINE OF SAID SECTION 33, A DISTANCE :TO THE POINT OF BEGINNING. „;* I. 1-;:2,.),>,,,i... _ __.._ • Page 1 Of 1 WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 REQUESTED DEVIATIONS & JUSTIFICATIONS IA WA�LDROP ENGINEERING CIVIL ENNEERING AND DEVELOPMENT CONSULTANTS 28100 BONITA MANDE DR.#305 BONITA SPRINGS,FL 34135 P:239.405.7777 F:239-405-7899 JUSTIFICATIONS FOR REQUESTED DEVIATIONS FROM LDC LELY RESORT PDI REVISED NOVEMBER 2016 Deviation 8: Deviation from LDC Section 5.06.04 G.2.e, which requires off-premises signs to be 12 S.F. in area, 8-feet in height, and located no more than 1,000 feet from the building, structure, or use for which the sign is displayed; to instead allow one (1) off-premises sign to be 120 S.F. in sign copy area, 15-feet in height, and located within a sign easement on the 'C-2' tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. The proposed sign is described as "120 S.F., off-premises sign" on Exhibit XV-1.The off-premises sign will be limited to displaying one (1) 12 S.F. sign placard for the entity located within the 2.32+/- acre 'C-2' tract located at the northwest corner of Triangle Blvd. and Celeste Dr. approximately 1,500+/-feet away from the 'C-2' parcel located at the northwest corner of Tamiami Trail East and Triangle Blvd.This off-premises sign will also be limited to displaying sign placards for the entities located within the tract designated as 'C-2' on the Exhibit 'H', Master Land Use Plan, and located at the northwest corner of Tamiami Trail East and Triangle Blvd. If this deviation is applied, then Deviation #6 and Deviation #7 cannot apply. This deviation applies solely to the 2.32+/- acre tract — designated as 'C-2'on the Revised Exhibit 'H', Master Land Use Plan,and located at the northwest corner of Triangle Blvd. and Celeste Dr., and the 8.28+/-acre tract designated as 'C-2' on the Exhibit 'H', Master Land Use Plan, and located at the northwest corner of Tamiami Trail East and Triangle Blvd. Justification: The requested deviation would allow the end user of the 'C-2' parcel to locate their sign on the proposed off-premises pole sign on Triangle Plaza, which is the subject of Deviation 9 and 10. The deviation will also allow for the off-premises sign to be larger in area and height. The request is unique in its nature due to the history of the parcel for which the sign is proposed to be located, the 0.9+/- acre Chase Bank outparcel. The `C-2' Tract was originally one tract, however,the tract was recently subdivided into outparcels for the purposes of commercial real estate sales. Due to the outparceling, the Applicant is no longer able to place a sign in the existing sign easement–the ultimate subject of this request. In order for the sign to be placed within the existing sign easement located on the Chase Bank outparcel, the Applicant must request an off-premises sign to be much larger than allowed by the LDC. The Applicant must also request deviations 9 and 10 in order to accommodate the sign being located on an outparcel with an existing outparcel sign, and within 122 feet of another existing on-premises outparcel sign. Approval of this deviation will allow the sign to be more than 1,000 feet away from one of the sign's end users,the sign to be 15-feet in height,and to be a maximum of 120 SF in sign area. Lely Signage PDI—PL20160001163 Deviation Narrative Page 1of4 Due to the location of the subject parcel with no frontage on any arterial roadway, there is limited visibility for the sign, and no opportunity to notify the traveling public on U.S. 41 or Collier Blvd. of the use. While the 'C-2' tract at Triangle Blvd. and Collier Blvd. is within the 1,000 feet of the subject property, the Applicant does not own the property or have an easement to locate signage on this more proximate parcel.Approval of this deviation will allow for the sign to be located more than 1,000 feet away from the building or use for which the sign is displayed on an off-premises pole sign which is owned by the Applicant. The Applicant is requesting to allow for a greater sign face area and height, which would apply to the proposed off-premises sign on the Chase Bank outparcel within the sign easement.The additional sign face area will accommodate the tenants of the Triangle Plaza, while also serving the traveling public who would benefit from a larger sign for visibility and wayfinding purposes. The additional height will also assist in addressing the sign's compatibility with other signs on Triangle Blvd.,specifically the Freedom Square Plaza sign. The proposed height of the off-premises sign is lower than the Freedom Square Plaza sign, which reduces the impact of the sign. It is also important to note that the sign will be significantly smaller than the Freedom Square directory sign on the south side of Triangle Blvd,which is 200 square feet in size. In an effort to mitigate the request,the Applicant is offering to plant 20% more landscaping — around the base of the 120 square foot off-premises pole sign.The LDC requires 100 square feet of plantings, and the Applicant is proposing to plant 120 square feet around the base. The additional plantings, which will include an additional 20 square feet of flowers and shrubs, will enhance the appearance of the larger sign request by providing further aesthetic benefit. The Applicant intends on planting more than sod/grass in the additional planting area. In addition to the enhanced plantings, the Applicant is also proffering to reduce the sign face area of the sign allowed at the vehicular entrance on Triangle Blvd. to 40 square feet, opposed to the allowable sign face area of 60 square feet for signs located on a local roadway. Deviation 9: Deviation from LDC Section 5.06.04.F.1., which allows additional on-premises ground or pole signs separated by 1,000 feet to allow an additional sign to be located within 122' of the existing on-premises sign on the 0.9+/-acre outparcel as shown on Exhibit XV-1. This deviation applies solely to the 0.9+/-acre outparcel within the 'C-2'Tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit 'H', Master Land Use Plan. Justification: The Chase Bank outparcel signage also contributes to the need for the deviation.The proposed sign at the corner of Triangle Blvd.and US 41 will service all tenants within the Triangle Plaza,and will face both Triangle Blvd.and US 41 to service the traveling public. Lely Signage PDI—PL20160001163 Deviation Narrative Page 2 of 4 While the additional sign does not meet the minimum separation requirements, the proposed off-premises sign will be a minimum distance of 122 feet apart from the nearest outparcel sign located on the Chase Bank parcel. The Applicant is proposing an additional 20% foundation plantings at the base of the sign as a condition of approval to off-set this request, and beautify the appearance from the street. This deviation is requested to assist in the marketing of the plaza and its tenants in light of the limited visibility of the access point off of Triangle Blvd.,significant setbacks from US 41 related to the drainage canal, and the high travel speeds along the arterial roadway. As noted earlier, the sign will comply with the 15-foot maximum height limitation for ground or pole signs, and will therefore be a lesser height than the Freedom Square directory sign on the south side of Triangle Blvd. Deviation 10: Deviation from LDC Section 5.06.04.F.2.b., which limits outparcels to a single ground sign, to allow the 0.9+/- acre outparcel to have two (2) signs as shown on Exhibit XV-1.This deviation applies solely to the 0.9+/-acre outparcel located on the `C-2'Tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit 'H', Master Land Use Plan. Justification:The Applicant is requesting approval of this deviation in order to locate an off- premises sign on the 0.9+/-acre Chase bank outparcel that would serve the Triangle Plaza, -- which is technically considered a second outparcel sign, although the sign is not an outparcel sign in nature. Due to the location of the sign on an outparcel the sign is referred to as an outparcel sign technically, but will function as an off-premises sign per Deviation 6 which requests a larger off-premises sign. The sign will be located within an existing 20' x 20' sign easement at the southwest corner of U.S. 41 and Triangle Boulevard, as shown on Exhibit XV-1. The sign easement is 400 square feet in size, and has sufficient space to accommodate the proposed off-premises sign including setbacks and enhanced landscaping. The sign easement was created between Stock Development and JP Morgan Chase in 2010 and allows Stock Development the legal right to construct a sign within the given easement. The Applicant understands this sign easement is only an easement and does not grant the Applicant any additional signs. Approval of this deviation will allow for increased visibility by locating the sign at the lighted intersection,which provides the travelling public time to review the sign content/shopping center tenant in formation in detail. While also allowing two signs on one outparcel. Due to outparceling this deviation is needed in conjunction with Deviation 8 and 9. The subject property is within Activity Center #18, which is already characterized as an intensive commercial node in terms of uses and the built form. Placing a sign at the corner of arterial and collector roadways in an approved Activity Center is consistent with and complimentary to existing conditions. Lely Signage PDI—PL20160001163 Deviation Narrative Page 3 of 4 Placing the sign in this location will make it visible to the traveling public and will not conflict with existing infrastructure at this corner. The location is ideal for a directory sign because it is cleared of any vegetation,and is setback from the sidewalks and the bus stop. The only other sign for this plaza is the Chase bank outparcel sign and the Outback Steakhouse wall sign. Pursuant to this resubmittal, the sign is proposed at a maximum height of 15 feet with a sign face area of 120 square feet. This is a significant reduction from the 200 square foot, 20-foot tall directory sign that was originally requested, and that was permitted for the Freedom Square Plaza to the south. Deviation 11: Deviation from LDC Section 5.06.04 F.3, which permits one (1) directory sign at the entrance on each public street for multiple-occupancy parcels;to instead allow one (1) directory sign on Collier Blvd. to be located away from the public entrance for the 'C-3' Tract located at the southwest corner of Collier Blvd. and Grand Lely Dr. as shown on Exhibit XV-2. This deviation applies solely to the 9-acre tract designated as'C-3'on Exhibit'H', Master Land Use Plan,and located at the southwest corner of Collier Boulevard and Grand Lely Drive. Justification:The only known project entrance on this parcel is located on Grand Lely Drive, a roadway internal to the PUD. Placing the directory sign for this parcel on Grand Lely Drive is not practical due to the location and limited visibility from Collier Boulevard (C.R. 951). The deviation will allow the Applicant the flexibility to locate the directory signage centrally along — the Collier Blvd. frontage for visibility purposes. The posted travel speed along Collier Blvd. is 50 m.p.h., therefore, well-placed signage along the frontage is critical for appropriately notifying the travelling public of the shopping center tenants. The directory signage will comply with the maximum sign face area, height and setbacks set forth in the LDC. If at the time of SDP approval, the plaza does not qualify for a directory sign,then one shall not be permitted on the site. The recent HEX approval for a similar signage variance at Hogan's Plaza immediately north of this parcel indicates the County support for this request. Lely Signage PDI—PL20160001163 Deviation Narrative Page 4 of 4 I WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 LEGAL DESCRIPTION Property Summary Property Detail Sketches Trim Notices Parcel No. 77510401025 Site Adr. 9995 TRIANGLE BLVD Name/Address 5D TRACT 4 LLC 2639 PROFESSIONAL CIR#101 City NAPLES State FL Zap 34119 Map No. Strap No. Section Township Range Acres 'Estimated 5634 670650 A 15B34 34 50 26 7.15 Legal TRIANGLE PLAZA AT LELY RESORT TRACT A Millage Area 0 245 Millage Rates 0 *Calculations Sub./Condo 670650-TRIANGLE PLAZA AT LELY RESORT School Other Total Use Code 0 28-PARKING LOTS, MOBILE HOME PARKS 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll iNot all Sales are listed due to Confidentiality) (Subject to Chance) Date Book-Page Amount Land Value $2,201,005 (+) Improved Value $241,709 (=) Market Value $2.442,714 (_) Assessed Value $2.442,714 (_) School Taxable Value $2,442,714 (_) Taxable Value 5 2,442,714 If all Values shown above equal 0 this parcel was created after the Final Tax Roll n ( Property Summary Property Detail Sketches Trim Notices Parcel No. 25910000751 Site Adr. 9205 CELESTE DR Name/Address STOCK DEVELOPMENT LLC 2639 PROFESSIONAL C1R#101 City NAPLES State FL Zip 34119 Map No. Strap No. Section Township Range Acres 'Estimated 5634 215200 2R 15834 34 50 26 2.36 Legal CELESTE DRIVE REPLAT TRACT 2R Millage Area 0 245 Millage Rates 0 'Calculations Sub./Condo 215200-CELESTE DRIVE REPLAT School Other Total Use Code 0 10-VACANT COMMERCIAL 5,48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not as Sales are listed due to Confldentlalltyl (Subject to Change) /-••\ Date Book-Page Amount Land Value S 616,810 12/13/05 3947-447 S 5,025,000 (+) Improved Value S 0 (a) Market Value S 616,810 (-) 10%Cap S 10,409 (_) Assessed Value S 606,401 (_} School Taxable Value S 616,810 (_) Taxable Value S 606,401 If all Values shown above equal 0 this parcel was created after the Final Tax Roll /—**\ Property Summary Property Detail Sketches Trim Notices Parcel No. 55425003255 Site Mr. 7815 COLLIER BLVD Name/Address STOCK DEVELOPMENT LLC 2639 PROFESSIONAL CIR#101 City NAPLES State FL Tip 34119 Map No. Strap No. Section Township Range Acres "Estimated 5B34 4621001215B34 34 50 26 9.14 Legal LELY RESORT PHASE I TRACT 12 Millage Area• 245 Millage Rates 0 *Calculations Sub./Condo 462100-LELY RESORT PHASE 1 School Other Total Use Code• 10-VACANT COMMERCIAL 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $2,388,828 04/22/02 3022-2088 S 20,000,000 (+) Improved Value $0 06/00/87 1278-1475 $0 (_) Market Value $2,388,828 (—) Assessed Value $2,388,828 (_) School Taxable Value $2,388,828 (_) Taxable Value $2,388,828 If all Values shown above equal 0 this parcel was created after the Final Tax Roll IlLAI WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 AFFIDAVITS OF AUTHORIZATION AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20160001163 I, Brian Stock (print name), as Manager (title, if applicable)of SDTract4 LLC (company, If a plicable),swear or affirm under oath,that I am the(choose one)owner v applicantncontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Waldrop Engineering,P.A.cro Alexis Greepo to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • if the applicant is a corporation, then it is usually executed by the corp. pres. or v.pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrume as worn to (or affirmed) and subscribed before me on «� �C..'1 ate) by (name of person providing •eth o affirmation), as who i •- o - knows t• . e or who has produced (type of identification) as identification. L t-_ STAMP/SEAL Signat re of Notary Public . JUDITHiM SEALE ` (�(��' 't��- ` y a .M1 k s Notary Public-State of Florida My Comm. Expires Sep 28,2016 Commission#EE 221536 Bonded Through National Notary Assn. CP108-COA-OOt 15\155 REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) P1 201 60001 1 63 I. Brian Stock (print name), as Manager (title, if applicable)of Stock Develop-ten/LLC (company, If applicable),swear or affirm under oath,that I am the(choose one)owner v applicantncontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Waldrop Engineering.PA.do Alexis Crespo to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v.pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • if the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. .5(,esfrn , t _ _______ ,+_) -'0''' ' (C, Signature Date STATE OF FLORIDA COUNTY OF COLLIER J The for going instru t wa syvorn to(or affirmed)and subscribed before me on (96 taro/ (date)by , (!J L ) I}-'/2J (name of person providin oat or affirmation), as who is oersoftafl�y kn iwt_to_me_or who has produced (type of identification)as identification. f /-ii 4„,..o.„, STAMP/SEAL Signat*eke NotaryPublic _ g { JUDITH M SEALE '� (.CJ t-7..1j')V /4 s `r`L` P,�-1 • ;�.. Notary Public•State of Florida ;4\), c My Comm.Expires Sep 28,2016 ` Commission#EE 221536 ,,,, Bonded Through National Notary Assn. CMOS-CM-001151155 REV 3/24/14 Dec-08-2016 03 46 PM JPMC 941-951-0109 1!1 JPMorganChase PIO: 15990 Suzan Nahas Vice President Real Estate Transaction Manager,Sr j)o.c 6 4-4-20i6 Collier County Government Growth Management Division . 2800 North Horseshoe Drive Naples,PL 34103 RE: Triangle Plaza pylon sign—Naples,FL To Whom It May Concern: I am a Vice-President for WMorgan Chase Bank, National Association, owner of the outparcel located at 12585 Tarniami Trail East(Parcel No. 55425001105).T do not object to the application attached hereto, filed by Stock Development relating to signage with the Lely Resort PUD (PL2016-1163), including the sign to be located within the existing sign easement on the bank outparcel granted to Stock Development by 4R 5192, PG 3616, If you haveany questions on this matter, please contact Bob Sampson at (813) 777-0239 or via email at holsampson(cr chase.com Sincerely, c Su : N. as Vic P : de t JPMorgnn Chase Bank,National Association 2 N Tamiamt Trl,Floor 05-STB 508,Mail Code:FL4.6508 Sarasota,Ploridn 34236 l WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 ADDRESSING CHECKLIST Co ger County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) El SDP(Site Development Plan) ❑ BD(Boat Dock Extension) El SDPA(SDP Amendment) El Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) El SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) El SIPI(Insubstantial Change to SIP) El FP(Final Plat El SNR(Street Name Change) El LLA(Lot Line Adjustment) El SNC(Street Name Change—Unplatted) El PNC(Project Name Change) El TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) E OTHER Insubstantial Change to a PUD(PDI) LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) S27, 33 , 34 T50 R26 , S3 T51 R26 FOLIO(Property ID) NUMBER(s)of above(attach to, or associate with, legal description if more than one) 77510401025, 25910000751, 55425003255 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) Lely Resort PROPOSED PROJECT NAME(if applicable) n/a PROPOSED STREET NAMES(if applicable) n/a SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# PL2016-0001163 CD ler COWL*, COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for, or already appearing in, condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: 0 Email ❑ Fax ❑ Personally picked up Applicant Name: Lindsay Rodriguez Phone: 239-405-7777 Email/Fax: lindsay.rodriguez@waldropengineering.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 55425003255 Folio Number 77510401025 Folio Number 25910000751 Folio Number Folio Number Folio Number Approved by: Date: 6/10/2 016 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Property Summary Property Detail Sketches Trim Notices Parcel No. 77510401025 Site Adr. 9995 TRIANGLE BLVD Name/Address SD TRACT 4 LLC 2639 PROFESSIONAL CIR#101 City NAPLES State FL Zip 34119 Map No. Strap No. Section Township Range Acres *Estimated 5834 670650 A 15634 34 50 26 7.15 Legal TRIANGLE PLAZA AT LELY RESORT TRACT A Millage Area 0 245 Millaqe Rates 0 ~Calculations Sub./Condo 670650-TRIANGLE PLAZA AT LELY RESORT School Other Total Use Code 0 28-PARKING LOTS,MOBILE HOME PARKS 4£ 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll ,Not all sales are listed due to Confidentiality} (Subject to Changes Date Book-Page Amount Land Value S 2,201,005 (+) Improved Value S 241,709 (=) Market Value S 2,442,714 (_) Assessed Value S 2,442,714 (_) School Taxable Value S 2,442,714 (=) Taxable Value S 2,442,714 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Property Summary Property Detail Sketches Parcel No. 25910000751 Site Adr. 9205 CELESTE DR Name/Address STOCK DEVELOPMENT LLC 2639 PROFESSIONAL CIR#101 City NAPLES State FL Zip 34119 Map No. Strap No. Section Township Range Acres 'Estimated 5834 215200 2R 15B34 34 50 26 2.36 Legal CELESTE DRIVE REPLAT TRACT 2R Millage Area 0 245 Millage Rates 0 'Calculations Sub./Condo 215200-CELESTE DRIVE REPLAT School Other Total Use Code 0 10-VACANT COMMERCIAL 5.1E 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value S 616,810 12/13/05 3947-447 S 5,025,000 (+) Improved Value S 0 (_) Market Value $616.810 (-) 10%Cap S 10,409 (-) Assessed Value S 606,401 (_) School Taxable Value S 616,810 (_) Taxable Value S 606,401 If all Values shown above equal 0 this parcel was created atter the Final Tax Roll Property Summary Property Detail =11 Trim Notices Parcel No. 55425003255 Site Adr. 7815 COLLIER BLVD Name/Address STOCK DEVELOPMENT LLC 2639 PROFESSIONAL CIR#101 City NAPLES State FL Zip 34119 Map No. Strap No. Section Township Range Acres 'Estimated 5634 462100 12 15834 34 50 26 9.14 Legal LELY RESORT PHASE I TRACT 12 Millage Area 0 245 Millage Rates 0 *Calculations Sub./Condo 462100 - LELY RESORT PHASE 1 School Other Total Use Code 0 10-VACANT COMMERCIAL 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $2,388,828 04/22/02 3022-2088 $ 20,000,000 (+) Improved Value $0 06/00/87 1278-1475 $0 (_) Market Value $2,388,828 (=) Assessed Value $2,388,828 (_) School Taxable Value 5 2,388,828 (=) Taxable Value $2,388,828 If all Values shown above equal 0 this parcel was created after the Final Tax Roll LELY RESORT LOCATION MAP -ADDRESSING CHECKLIST PL2016-0001163 , ,,„,..1.1f''' -- - _ ,i',1.4 . ' ;VI 71 . *�° r `� >f �'� "54. � � �>' c:rn_acv G� r"^*- '�£ � u�S... ,. s pT�� `r' qtr .: ♦ � .' 5 , - a '^Y(4„. ; — +� - € x ; , « far c- �b �.'Iy � et w r „.!.-a s: w , . . �--, aye 4 c� Iwer o,� 'Sad c r _,�'+ a4.<� K.irvrtil.."' �,� q «. 's'y tf.t7 3 *i ',4444r111. r � .,44 �_ -. 't-, �r� •, � .gip ,p = :y4' '� `� �ll"-� ;b'' t ,. `r g.. $ y '€ Ixe}rt *fix �. ` ' � €... ` - tee. +, ( I' w >6 t fygCl fll * 4' 1:11 ,„ , . .,.' , . 0,.,4,-: ' .. :";*'if:v.\ 4'. L. - Cdr *6'6; 1j � '' ar" '4' " e .� k � � _ ,f , y-. � fps'" t f I `�' ab4Pneiltl-al �. , #`'i f A _la �`, q 9 _4�,,erg �``"a.� ,� � .""A' 4 :+�� .o �. '. WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 INSUBSTANTIAL CHANGE TO PUD DOCUMENT FOR CAO Lely Resort PUD Amend Ordinance 15-39 AMENDMENT TO SECTION XV,ATTACHED TO ORDINANCE NO. 15-39, LELY RESORT PUD. The "Deviations from LDC," labeled as Section XV of the PUD Document attached to Ordinance No. 15-39, the Lely Resort PUD. MI WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 LOCATION MAP LELY SIGNAGE PDI PL20160001163 Location Map :•_Inwom icaniii� mmu!umm � i MEM& II `'NORTH IIMI I■■ a'll■li _1 -_ ' 1, JIIIII� _ III " :r te "Wlik I JIi A- iffo� �it 'w flry g - -- - � III I' r mili-ipli iii 11 \ i kwIlamik 1 I. AE i I 25 IL a......_ ° illit&Al II"' 111111V47k,, PROJECT 36 111111 Nit , A LOCATION Illik II 6 InillitkAr � 2 I M. , 0 ,. ;,.4 -nom'a ilh._i if EtMirlIrrig— ii' 2 7 8 9 ■r al 1 WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 SIGN EASEMENT O . R. 4591 PG . 2868) INSTR 4459743 OR 4591 PG 2830 RECORDED 8/3/2010 1:43 PM PAGES 41 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $350.00 This instrument prepared by/ Record and return to: Eleanor W.Taft,P.A. 2647 Professional Circle, Suite 1203 Naples,Florida 34119 TRIANGLE PLAZA AT LELY RESORT COMMERCIAL NEIGHBORHOOD DECLARATION OF RESTRICTIONS,COVENANTS AND GRANT OF EASEMENTS THIS DECLARATION of Restrictions,Covenants and Grant of Easements is made and entered into as of the Effective Date set fo • • , b STOCK DEVELOPMENT,LLC,a Florida limited liability company("D ., • 1113.3. CQU Q � (i WITNESSETH: WHEREAS,Declar. t is e ewii- of. - lands •escri. d i the attached Exhibit A(the "Property");and WHEREAS,Declar + C Try b el• • F in accordance with the Lely Resort Planned Unit D- r•ment,referred to • •rdi . i= `7 15,recorded in the Official Records Book 19091 at Page t : in the Public Rec: t: o •C1-.7,46 County,Florida;as amended from time to time("Lely PUD' •. WHEREAS,the Property sh. b: •,"i • ,i i • eral parcels of land to be developed separately;and WHEREAS,the Declarant desires to subdivide a portion of the Property described in the attached Exhibit B(the"Bank Parcel");and WHEREAS,the Property less and except the Bank Parcel is described in the attached Exhibit C(the"Declarant Parcel"); and WHEREAS,Declarant desires to create and maintain a quality development with restrictions,covenants,servitudes,impositions,easements,charges,liens as otherwise set forth herein. NOW,THEREFORE,Declarant hereby declares that the Property lying and being in Collier County,Florida is and shall be held,transferred,sold,conveyed and occupied subject to the restrictions,servitudes,impositions,easements,charges and liens hereinafter set forth to wit: OR 4591 PG 2831 ARTICLE I DEFINITIONS AND MEANINGS In addition to any other terms that are defined in this Declaration,the following capitalized terms shall have the following meanings: 1.1 `Building Area"shall mean the limited areas of each Parcel within which buildings (which for this purpose of this document shall include any appurtenant canopies, supports,loading docks,truck ramps,and other outward extensions,as well as attached trash compactors and utility transformers,drive-up or drive thru lanes and automated bank teller machine kiosks and appurtenant facilities)may be constructed,placed or located on each Parcel. 1.2 "Commercial/Professional Use"shall mean such uses as are permitted under the Commercial/Professional (C-land C- •• .et pursuant to Paragraph V of the Lely PUD. VS' CQ ?' 1.3 "Common Area"shall b , -� ed to mean and inc all areas within the exterior boundaries of each P. el . • ' Buil.' g Ar w'•ch per this Declaration are to be used for the gene • a . no,-e -us' - use,c,nveni ce • d benefit of any Owner or Occupant of any ParF el; : • ^�� •• � ' + �' ma from time to time be — constructed or instal -d t l •on < i . t-,i•, f,r t e common use or benefit of the Owners and Occ ..+ i. • :�': •• .)iie:�'r te!.:._,. . • r invitees including, without limitation: rig ays,driveways,p• ng • -as Al ances,exits,access drives (including paving,stri, and curbing and :--.1;; s ,s*i',41 :lks,landscaping,lighting; pylon or monument si 1 . Parcel(exclusive . div a ual tenant sign panels); directional or traffic signs, • L, I - Surface Wa - , - ,t ement System. 1.4 "Declarant"shall mean STOCK 0 rP r+J. T,LLC,a Florida limited liability company,and those successors and assigns to which Declarant's rights and obligations as Declarant hereunder are specifically assigned by Declarant pursuant to Paragraph 4.6 and/or Article 14 hereof,provided that any such assignment of such rights and obligations shall be evidenced by an instrument executed by Declarant and the Association and recorded in the Public Records of Collier County,Florida. 1.5 "Declaration"shall mean this Triangle Plaza at Lely Resort Commercial Neighborhood Declaration of Restrictions,Covenants and Grant of Easements. 1.6 "Leasable Floor Area"shall mean floor area calculated in square feet located within buildings constructed or to be constructed on a Parcel within the Property,which Leasable Floor Area shall include,without limitation: the ground floor area within said buildings;enclosed vestibules;exclusive passageways;basements;storage areas; mezzanines;outdoor garden shops,outdoor balconies,patios, other outdoor area utilized for retail sales or food or beverage service, or sales areas;exclusive enclosed loading areas. Notwithstanding the foregoing,Leasable Floor Area shall not include covered or uncovered drive-up or drive thru lanes or automated bank teller machine kiosks. -- OR 4591 PG 2832 1.7 "Occupant"shall mean any Owner or tenant,subtenant,assignee,concessionaire,or licensee who,from time to time,is entitled to use or occupy all or any portion of a Parcel within the Property,under an ownership right or any lease,sublease,assignment, concession,license,or other similar agreement. 1.8 "Owner"or"Owners"shall mean,individually or collectively,as the case may be,any person or entity owning from time to time fee simple title to all or any portion of a Parcel. If more than one person or entity owns fee simple title to any Parcel,they,collectively, shall be deemed the"Owner"of such Parcel. 1.9 "Parcel"or"Parcels"shall mean,individually and collectively,as the case may be,those subdivided portions of the Property currently created or created in the future for the purpose,whether immediate or future,for sale or building upon. The terms"Parcel"and "Parcels"shall not include tracts sub.' '• -• within the Property to be dedicated to the siii Association described in Arti 4 oCi o' •.1 without limitation any tract exclusively encompassin_ . 4 - ' par in_ ::. ;ilt imilar portions of the Property or which is in part of the S- . ` ater Managements. 1.10 "Parcel Sign"and"P• ce Si `s " -.11 - an,in,ividua y d collectively,as the case may be,pylon or mo ..1 : *Lb:' -TiTi •fir iT an or Occupant of a Parcel which are located hi P. -,:.T"'iig�1 i. 'and"Parcel Signs"shall not include the sign r p '. r, be 2. .w is the subject of the Master Sign Easement. 1.11 "Plat"shall mean the P = ely Resort Phase •' ejg0*ed in Plat Book 16 at Page 87 in the Public Records of •1r •unty,Florid. \�� 1' 1.12 "Shared Entry"shall mean that pot. • • * o on Area consisting of(i)the entrances and exits between the Property and the adjoining publicly dedicated rights-of- way,and(ii)without limiting the general applicability of(i),the driveway area extending from said entrances and exits to the Triangle Boulevard right of way,. 1.13 "Surface Water Management System"shall mean those portions of the Property which are designed and constructed or implemented to control discharges which are necessitated by rainfall events,incorporating methods to collect,convey,store,absorb,inhibit,treat, use or reuse water to prevent or reduce flooding,over drainage,environmental degradation,and water pollution or otherwise affect the quantity and quality of discharges from such system including,but not limited to all lakes,retentions areas, culverts and related appurtenances. 1.14 "Utility Lines"shall mean,collectively,the Common Utility Lines and Parcel Utility Lines which are defined as follows: 1.14.1 "Common Utility Lines"shall mean those facilities and systems for the -- transmission of utility services,including but not limited to water,irrigation,power, OR 4591 PG 2833 cable,telephone,cable,drainage of sanitary sewage,and drainage and storage of surface water which are installed to provide the applicable service on the Parcels or to the Common Area;and 1.14.2 "Parcel Utility Lines"shall mean those facilities and systems for the transmission of utility services,including but not limited to water,irrigation,power,cable,telephone, cable,drainage of sanitary sewage and drainage and storage of surface water which are installed to provide the applicable service exclusively to each Parcel within the Property. For purposes of this Declaration,a Utility Line extending between a Common Utility Line and a building shall be considered a Private Utility Line. ARTICLE 2 SCOPE;TERM;RIGHTS OF GENERAL PUBLIC AND OCCUPANTS 2.1 Scope. The within restriction ,k t :�}. , . . ,and easements are essentially necessary for the use and . It . i e Prope portions thereof,and are for commercial and econo 'c+• .+- fit of the Owners o e} operty and Parcels,and,subject to the provisions of P. •gr. . .• -.f thei I ccup. ts.\Regardless of whether or not they are specifically en one. in .< y .: ds or .onvey., ce*of all or any portion of the Property,as the case a 014 •- •. ' each restriction,covenant, _ condition,and ease ent. ! , a ) s� i.r f. rur with the title to the individual Parcel an. . .t a„.+ . . �_O • . •j6 cupants thereof,their respective heirs,succ-is. ,successors-in-tit • leg. re. - tatives and assigns. Any Owner shall be bound ;1. is Declaration onl -t.-to t 4 el(s),or portion thereof, owned by same. In ad•'i , . Owner shall be"b. • -:;b is Declaration only during the period it is the fee sim= I .••er of such P• •a ). -.I.portion thereof,except as to obligations,liabilities or resp. si131 + s • accrue during said period of ownership. 2.2 Non-Liability of Declarant: Declarant shall not in any way or manner be held liable or responsible for any violation of this Declaration by any person or entity other than itself. 2.3 Term. The easements set forth in this Declaration shall be perpetual in duration unless otherwise specifically provided. The restrictions,covenants and conditions set forth in this Declaration shall be binding upon and enforceable against Owners and Occupants for a period of twenty five(25)years from the date this Declaration is filed in the public records maintained by the Clerk of Court for Collier County,after which time,such restrictions,covenants,and conditions shall be automatically extended for four(4) successive periods of twenty five(25)years each unless the Owners of all Parcels and the holders of the first mortgages encumbering the Parcels shall execute a termination of this Declaration in recordable form and file same in the public records maintained by the Clerk of Court for Collier County. In the event any law prohibits any such restrictions, covenants,and/or conditions from being enforceable for a period in excess of twenty five (25)years,or beyond any other stated period,Declarant is granted a power of attorney, coupled with an interest,to rerecord this Declaration at any time and from time to time OR 4591 PG 2834 for the purpose of extending the enforceability of same as contemplated by this Paragraph 2.3. 2.4 No Rights in Public Generally. The easements,restrictions,covenants and conditions created,reserved,granted and established in this Declaration do not,are not intended to, and/or shall not be construed to create any easements,rights or privileges in and for the benefit of the general public. Notwithstanding anything to the contrary contained herein, each Owner shall have the right to prohibit or Iimit any solicitation,petition signing, distribution of literature,collection of money,giving of speeches,leafleting,picketing, carrying of signs,canvassing,demonstrations,or similar activities within that portion of the Common Area located on said Owner's Parcel if owned by same,as the case may be. 2.5 Rights of Occupants. With respect to the easements created by this Declaration,each benefiting Owner shall be entitled to designate from time to time which, if any,of its Occupants shall be entitled to utilize . .• • such easements. No independent rights shall be created by this Decl. r• 0144 0 c • . ts,except for those which may be terminated or withdrawn a • ' ,•- sy t e • + gh whom such rights were derived. -.'TICLE C u ' • • I "OVE N' S 3.1 Construction of Co moCea ro e ve ents within the Common Area shall be const • .•s II11:111,1[7.;• a . in accordance withg ood engineering standard• : • shall be constructe•; ac or. 1 with plans approved in advance by of Decl. , uant to Article 4.-i=; ti s .4a0a as buildings and/or Common Area improve, Lare constructed on . ' e e Owner thereof shall maintain such Parcel in a •. .... neat conditi• • - all take such measures as are necessary to control grass,w-As if . I:. .ift. •.0, itter or debris. 3.2 Parking Area. All parking areas within a Parcel shall be constructed in accordance with a plan approved in advance by Declarant in accordance with Article 4,and shall conform to applicable governmental laws,codes,ordinances,rules,and regulations. 3.3 Lighting. Each Owner shall keep its Parcel(including any signs located thereon)fully illuminated each day from dusk until at least 10:00 p.m.,or such longer period of time as the Owner of such Parcel may deem appropriate. Each such Owner further agrees to keep any exterior building security lights on from dusk until dawn. 3.4 Signage. No signs shall be erected within any Parcel,other than(i)signs required by applicable governmental laws,rules and regulations,(ii)the Parcel Signs approved by Declarant in accordance with Article 4,(iii)signs which may be erected by an Owner within its Parcel providing notice of the prohibition or limitation of activities described in Paragraph 2.4 hereof. The prohibition against the erecting of signage contained in this Paragraph 3.4 includes,but is not limited to,the parking by any Occupant,except temporary parking for the purpose of loading and unloading goods,materials,and — products,of vehicles bearing signage identifying such Occupant in the Common Area. OR 4591 PG 2835 3.5 Grant of Master Sign Easement. Declarant,as Owner of Bank Parcel,hereby declares, establishes,creates,creates,and grants for the benefit of the Declarant,as Owner of the Declarant Parcel,and as a burden upon the Bank Parcel,the perpetual,appurtenant right, privilege,and easement for the installation,maintenance,repair and use of a monument sign within a portion of the Bank Parcel described upon Exhibit E hereto. The foregoing easement is hereinafter referred to as the"Master Sign Easement." The sign which is the subject of the Master Sign Easement shall be maintained subject to the requirements and restrictions of applicable laws,regulations,codes and permits.Each Owner may have the right to install a placard or face within such sign,subject to space availability which cannot be guaranteed, 3.6 Intentionally Deleted. 3.7 Modification or Alteration. No Own a• make material changes to the improved Common Area on its Parcel ' .eta S L Declarant in accordance with Article 4;which approval shall no �'� a .'.ona• y irl;''7. r conditioned,provided,however, each Owner shall have 61. t,from time to time i • t obtaining the consent or approval of Declarant, o a , . •wn exp-nse, . in 'gnificant change, modification,or alter.do in + io. •f the I ommo Ara located on such Owner's Parcel,subject to the oll• •PA- i.••-1*. _ (i) the accessibil • • •r t• • 1 j for.; s and vehicular traffic(as it relates to the a a Parcels)is not unr-., ona•ly r '' ted or hindered; (ii) the Collier Co ,arking ratio and -.;,4- r,al nts are met; ir (iii) no change shall = •A ••e to the Shared n . (_a : access points between the Common Area an. •f•- -asements or •. • . .eets; (iv) no building,fence,o , :- •, •+ �•• d unreasonably prevent or obstruct r- � k. . • a estrian travel for the purposes herein parking,or the passage op rp permitted,shall be erected or permitted within or across any parking area, roadway,driveway,entranceway,or sidewalk located on any Parcel;provided, however,the foregoing provision shall not prohibit the installation of landscaping, berms or planters,nor of limited curbing and other forms of traffic controls;and (v) such modification or alteration shall comply with all applicable governmental laws,rules and regulations. 3.8 Parking Area Relocation. Notwithstanding anything to the contrary contained herein, each Owner shall have the right at any time,and at its sole cost and expense,to relocate, alter or change any parking areas on an Owner's Parcel if: (i) the Owner of such Parcel pays all costs incurred in connection with such relocation,alteration or change; (ii) such relocation,alteration or change is completed so as to minimize interference to the Owners and Occupants of the Property and other Parcels and has the same intersecting point at any adjacent Parcel; OR 4591 PG 2836 (iii) such relocation complies with the terms and provisions of Paragraph 3.5(i)-(iv) hereof; and (iv) to the Owner of such Parcel shall have received Declarant's approval of such relocation,alteration or change in accordance with Article 4. 3.9 Maintenance. Subject to express terms and provisions of this Declaration to the contrary, each Owner,at its expense,shall maintain,or cause to be maintained in good order and in a sightly and safe condition,free from rubbish and adequately drained the portion of the Common Area within its Parcel,including without limitation all Common Utility Lines therein. The minimum standard of maintenance for the Common Area on all the Parcels shall be comparable to the standard of maintenance followed in other first class retail developments of comparable size in the Naples,Florida market area,and in compliance with all applicable governmental laws,regulations,codes and permits. All Common Area improvements to the Parcels shall be repaired or replaced with materials at least equal to the quality of the materials b-•.: - .aired or replaced so as to maintain the architectural and aesthetic h.ja njOili Th If;it .4,,,the hParcels as a whole. Following the construction of improv •'i in a '. � •tenance of Common Area within such Parcel shall includ-, • +• •ut limitation,main t • . d repairing all sidewalks and the surface of the park' g . a ... •-; areas, -movi . al .apers,debris and other refuse from and periodically sw,=-pi i •1 'ar• • and oad . -: t the extent necessary to maintain the same in a cl i 1 - •r • •-� • s7 , at taining appropriate lighting fixtures for the parki g ., . . an. • • . +!" . g ar ing,directional signs,lines and striping as need-•, , i •{-.. • •G g, . I• I- in anyand all such other P g L.. — g duties as are necess. aintain such Co 3•n • -a' .1.1, lean,safe,properly drained and orderly condition. ` •-in as otherwise e .?; s . ' .ed in this Declaration,once constructed,in the even • :i• damage to or de t . io f all or a portion of the Common Area on any Pa el - I wner of suc• ' . hall,at its sole cost and expense, with due diligence repair,res t 0�r�r,r c' •mmon Area to its condition prior to lit such damage or destruction(or wi. it • 4. . :es as shall not conflict with this Declaration). Subject to the requirements and restrictions of applicable laws,regulations and codes and to the provisions of Article 14 below,Declarant shall maintain the sign and related improvements within the Master Sign Easement in sightly condition and in accordance with Design Guidelines approved by Declarant,in its reasonable discretion. All utility and related charges pertaining to such sign shall be an assessment as contemplated in Article 8 herein. Each Owner maintaining a placard or face within such sign shall be responsible,at its cost and expense,for the maintenance of such placard or face and shall maintain same in sightly condition. At any time that a business is not operating within a Parcel with the right to maintain a placard or face within such sign,the Owner of such parcel shall be required to maintain a white placard or face within such sign. Subject to the requirements and restrictions of applicable laws,regulations and codes the Owner of a Parcel that installs a sign approved by Declarant as contemplated herein,shall maintain the sign and related improvements in sightly condition and in accordance with -- Design Guidelines approved by Declarant,in its reasonable discretion,and the Owner of OR 4591 PG 2837 each Parcel shall be responsible for the payment of all utility and related charges pertaining to such Parcel sign. . ARTICLE 4 BUILDING IMPROVEMENTS 4.1 Location of Buildings. All buildings located within the Property shall be located only within the Building Areas approved by Declarant. Leasable Floor Area for the buildings to be situated within the Property,shall be subject to the prior written approval of Declarant. Declarant's approval shall not unreasonably withhold or condition its approval of the proposed Building Area or the proposed Leasable Floor Area within any Parcel,nor impose any restriction or requirement in connection with such matters which is inconsistent with applicable laws,regulations or codes. The process for the submission of such matters for approval and for the review and approval or disapproval of such matters shall be as set forth below. R CQ 4.2 Design Review. Declaran •:• .• is e• a' ral theme for the exterior of all buildings,building sign•: •s other structures . : ovements to be constructed, placed,or located wi n t ' - -, 'ncl udin! impro emects within Common Area (reference Paragraph :.1 • d ".r. .p .5),im•rovem-nts\within parking areas (reference Paragrap 3.2 • ••r , •:, � ;a •T • i s( ference Paragraph 3.4),(the — "Development Guid•lin:. o • •r t)111,..• • .ill. ce with the Development Guidelines,any 0 qr j • • . .. : «. i, vements within a Parcel shall submit to Decl. A • chitectural plans, _ •rin, . s,elevations,drawings, and/or such other plan, •.• umentation or inft•J•. • . .r onably required by Declarant with respect • • planned improvem "Plans")for approval by Declarant prior to the co .• • •• ent of any co•:••�•, .n. Declarant shall review such Plans and provide the requ- 1 , • tten approval or specific written objections to such Plans withinURN, ollowing Declarant's receipt of such Plans. Declarant shall not unreasonably withhold or condition its approval of any matter submitted for Declarant's approval in accordance with this Paragraph nor impose any restriction or requirement in connection with such matters which is violative of applicable laws or codes. Notwithstanding the foregoing,Owners acknowledge and agree that the Design Guidelines may be stricter or more onerous then the applicable laws and codes. Upon the issuance of any disapproval or recommendation for change,the submitting Owner and Declarant shall consult mutually to establish approved Plans for the proposed construction. Approval of Plans by Declarant shall not constitute assumption of responsibility for the accuracy,sufficiency,or propriety thereof,nor shall such approval constitute a representation or warranty that any Plans comply with applicable laws. Construction of any such buildings or other improvements requiring Declarant's approval in accordance with this Declaration,including without limitation modifications of existing improvements,shall not be commenced until the Plans for same shall have been approved in writing by Declarant. Except as may be approved by Declarant in writing in accordance with this Paragraph,no material deviation shall be made from the approved Plans.Notwithstanding the foregoing,Declarant acknowledges and agrees that the plans and specification s submitted to Declarant,prior to the recording of this Declaration,for OR 4591 PG 2838 the Bank Parcel are hereby approved,as evidenced by the written approval of Declarant, and exempt(only as to said deviations)from the Design Guidelines in the event such plans and specification deviate from the Design Guidelines. 4.3 Building Signage. No signage shall be placed on any building located on any Parcel without the prior approval of Declarant. The Plans for any such signage otherwise permitted hereby must first be approved by Declarant in accordance with Paragraph 4.2 hereof. 4.4 Construction. 4.4.1 Continuous Construction: (i) Once construction within any Parcel has commenced,unless waived in writing by Declarant,in its s . •• ..bsolute discretion,Owner shall diligently continue construction 'ii *lat.f j y -xcept for reasons of force majeure and complete cons . • I map- :: • ' E:. twelve(12)months for buildings with Leasable F .• • ea less than 10,000 .1141".1-- eet and(b)twenty four(24) months for bui •in.. -' :•eable F •or A - . gr..ter than 10,000 square feet. Except as pr• id:• •1'=4 i "' �., ri ,s t diligently continue construction :fte • , e, !; T 1. .i io from Declarant demanding Owner to dill;- •• • ' i_ion (30)days of Owner's receipt of s. required by this D arat • 0 arant shall have in addition to all of its ri_ d remedies for br-;k • P V,claration,the right,but not the obligation,t• . chase all or part o - - • .-rty at ninety percent(90%)of the purchase price •Cl. . Owner for th- -'',• - of the Property,less any reasonable attorney's "-esi �.wriA• ' � ... ,transfer fees,recording charges or other closing costs incurre• : OR 4591 PG 2839 all liens and mortgages encumbering the portion of the Property being repurchased which were imposed on the portion of the Property during the period of time Owner owned the portion of the Property and Owner shall pay for the title insurance premium,the title search fees,the title closing costs,the title examination fee,all documentary stamps to the special warranty deed in favor of Declarant,and the cost of recording the special warranty deed.All planning and design work may be utilized by Declarant.If Owner has mortgaged any part of the portion of the Property to an institutional lender,the exercise of the foregoing right will not affect such lender's mortgage unless and until the lender has been provided written notice of Owner's default hereunder and an opportunity to cure such default within thirty(30)days after receipt of such notice. 4.4.2. Construction activities on any Parcel shall not: (i) cause any unr-• ••• . e increase in the cost of constructing improv- u e,4t ;t o€l cI4rty and/or another Owner's Parcel; (ii) unr-:•J� . inter ere . s ction being performed on the P . . and/or any other 13.1 , (iii) nre. . ' terfere .ith the se, .ccupancy,or enjoyment of th- 'roe-• :n• = any o her P• el the Owner or Occupants of th : : . i _ ��--� el;\or (iv) I c• , bit 'n .,P� _��• oth,r improvement within any • ;, • • • ,t, oth_ '1'^ . be in violation of any law, 1 -,regulation,order, •. ord • ,thorized by any city,county, :r! : federal governor- 2.',",:-.1. . ment or agency thereof 'unsdiction over tit• ` . 4.4 Maintenance. After comple ',' 4F ; • .ft-a , C9, •'tiding improvements,including but not limited to the Parcel Signs,on : •� ', ach Owner,at its own expense,shall maintain and keep such improvements,including but not limited to Parcel Signs,located on its Parcel in a condition and state of repair comparable to the standard of maintenance followed by other first class retail developments of comparable size in the Naples,Florida market area,and in compliance with all laws,rules,and regulations of governmental authorities exercising jurisdiction thereover,and in compliance with the provisions of this Declaration. Each Owner of a Parcel shall store all trash and garbage in adequate containers,shall locate such containers such that they are not readily visible from the parking area,and shall arrange for regular removal of such trash or garbage. 4.5 Damage or Destruction of Building Improvements. In the event any of the building improvements on a Parcel,including but not limited to building signage,are damaged by fire or other casualty,the Owner upon whose Parcel such building improvements, including but not limited to Parcel Signs,are located shall immediately remove the debris resulting from such event and such Owner shall either: (i) within 180 days of such damage,repair or restore the building improvements, including but not limited to Parcel Signs,so damaged; — OR 4591 PG 2840 (ii) within 365 days,erect other building improvements according to Plans approved by Declarant in accordance with Article 4,including but not limited to Parcel Signs;or (iii) within 180 days,demolish the damaged portion of such building improvements and promptly restore the area to the same standards as the Common Area either as automobile parking and drive area or a landscaped condition(i.e.seeded and mowed),in which event the area shall be maintained in a manner consistent with the Common Area until replacement improvements are erected. Such Owner shall elect one of the foregoing options within sixty(60)days from the date of such casualty and,thereafter,promptly commence and diligently pursue completion of such option. 4.6 Design Review Committee. Upon the recordation of an instrument evidencing such assignment,as set forth in Paragraph • I - larant shall have the right to assign all or part of the Plan review and ap. •vail�' tllr��. ations reserved in favor of Declarant pursuant to this Article 4 t• lh;: review •...f: rPe C")selected by the Board of Directors of the Associa .• . • scribed in Article 1'. c' review and approval rights may be concurrently e cu dbybotl�ecl and r 'C, . may be set forth in the recorded instrument e 'd- ci , ' 1 s';. ent such ;gh'. and obligations,provided _ that in the event of a on! r-- • • ; ' „pr. al,the decision or determination of the ID ec i t s .1 •: d : t:Miro •• roll ng for so long as Declarant owns a Parcel. r* F-4 ARTICLE. •r INI •. AND EGRESS • ' - i! ..TS 5.1 Grant of Reciprocal Ingres ' - . ,�. • , 0- ant hereby declares,establishes, creates,and grants for the benefit . '• :. .1 rden upon,each Parcel,and for the benefit of Declarant and Association in connection with the exercise and discharge by each of its respective rights and obligations hereunder,the non-exclusive right,privilege, and easement for vehicular and pedestrian access,ingress,and egress over and across all roadways,driveways,entranceways and sidewalks from time to time located within the Common Area within each Parcel for the purpose of providing pedestrian and vehicular access,ingress,and egress,but not parking,between the Parcels and publicly dedicated rights-of-way abutting said Parcels and/or the Property. The foregoing easement shall not be construed to,and shall not,create any construction or other easement for the installation or construction of roadways,driveways,entranceways and sidewalks by any Owner of a Parcel within Property. 5.2 Grant of Ingress/Egress Easement. Declarant hereby declares,establishes,creates,and grants for the benefit of each non-Declarant owned Parcel,and as a burden upon the Declarant Parcel,the non-exclusive right,privilege,and easement for vehicular and pedestrian access,ingress,and egress over,upon,across and through a portion of the Declarant Parcel described upon Exhibit F. OR 4591 PG 2841 5.3 Relocation. Notwithstanding anything to the contrary contained herein,each Owner shall have the right at any time,and at its sole cost and expense,to relocate,alter,or change any roadway,driveway,or entranceway,or sidewalk located within the Common Area of such Owner's Parcel,provided such relocation,alteration,or change complies with the terms and conditions set forth in Paragraph 3.7(i-v)and Paragraph 3.8 (i-v)hereof. 5.4 No Parking Easement. This Article 5 is not intended to,and does not,create for the benefit of any Parcel any right,license or easement for parking purposes upon another Parcel. 5.5 Avoidance of Prescription. Anything to the contrary contained in this Article 5 notwithstanding,the Owner of each Parcel shall be entitled to interrupt or disturb the passage of vehicular and pedestrian access,ingress,and egress over and across all roadways,driveways,entranceways,and sideways from time to time located on that portion of the Common Area located •. •'. Owner's Parcel for a period not to exceed one(1)day in each calendar VC/Fe gi • •reventing the creation of prescriptive easement ri. C_ II; -.01 • sue . i .a,r of the public. - ; r E . \ - • SE TS T 6.1 Grant of Easement. 0 e . . t r y d b rsh s, ••eates and grants for the benefit of and as a • .. I. the i. - . v t privilege,• ._ .. e right,pnvi lege,and easement in,to,over,Ili. -r,along,and acro os- po .•; of the Common Area within each Parcel necessary•t •e installation,o• :1'_:=n fl.,I 'assage,use,maintenance, connection,repair,relo4 : and removal of ti • p_ ,including,but not limited to sanitary sewers,storm dr. . . -r(fire and d• • ' ,gas,electrical,telephone and communication lines. The i - ; - _•t: '-. shall be no larger than whatever is necessary to reasonably satisfy th- - , •. of the provider of such service if the Utility Line is to be owned by a public utility,or five(5)feet on each side of the Utility Line if the Utility Line is to be owned by an Owner. The Owner of the Parcel burdened by such easement shall have the right to require,at the expense of the Owner of the Parcel benefitted by such easement,that a copy of an as-built survey of such Utility Line be delivered to the Owner of such burdened Parcel after installation of the Utility Line. 6.2 Location of Utilities. All Utility Lines(including Utility Lines serving Florida Power and Light,its successors and/or assigns,facilities)shall be underground except: (i) pad mounted electrical transformers,if any,shall be located at the rear of a building; (ii) as may be necessary during periods of construction,reconstruction,repair or temporary service; (iii) as may be required by governmental agencies having jurisdiction over the Property and/or Parcels;or (iv) as may be required by the provider of such service. OR 4591 PG 2842 6.3 Relocation. Subject to the requirements of Article 4 concerning Declarant's prior approval of the Plans,any Owner shall the right at any time to relocate a Utility Line located within its Parcel upon thirty(30)days prior written notice to the Owners of Parcels served by the Utility Line to be relocated;provided,however that such relocation: (i) shall not interfere with or diminish the utility service to the Property and other Parcels; (ii) shall not reduce or unreasonably impair the usefulness or function of such Utility Line; (iii) shall be performed without cost or expense to the Declarant and other Owners; (iv) shall be completed using materials and design standards which equal or exceed those originally used; (v) shall have been approved by the provider of such service and the appropriate governmental or quasi-governmental agencies having jurisdiction thereover and be located within an easeme - -• for such purpose by a dedication on the Plat;andR CO (vi) shall comply with a ..�.n• cone i:•#. • '. agraph 3.7(i-v)hereof. 6.4 Maintenance and Rep. r. _ 6.4.1 Parcel Utility Lines. Ea•• •r^•` ea .r,ii) 7-,-: n : d replace,at its sole cost and expense, its Par•el L .iii . t '. 14/ do ,regardless of where such Parcel Utility Lines . - • . :/ . . . • •vid . -iseice or a governmental or quasi-governmental . ` .rity has agreed to •-;ntai . i ility Lines. Any maintenance and repa 'on-dedicated utili-r o • Z. • another Owner's Parcel shall be performed only afte )days notice to t - , • •f such Parcel(except in an emergency,when the wo . ,- initiated wi • -:t 9 -.ble notice),shall be done after normal business hours when- - • ,y -..v • -• "se shall be performed in such a manner as to cause as little distur. - . - • e of such Parcel as is practicable under the circumstances. Any Owner performing,or causing to be performed,maintenance or repair work promptly shall pay all costs and expenses associated therewith,diligently shall complete such work as quickly as possible,and promptly shall clean the area and restore the affected portion of the Common Area to a condition equal to or better than the condition which existed prior to commencement of such work. 6.4.2 Common Utility Lines. Common Utility Lines shall be maintained and replaced as part of the Common Facilities pursuant to Paragraph 8.1 hereof. 6.4.3 Existing Utility Lines. Any Utility Lines existing within the Property as of the date of recording of the Declaration which do not conform to the requirements and restrictions set forth in this Article 6 are hereby exempted from such requirements and restrictions, provided that such Utility Lines may be relocated by the Owner of the Parcel in which same are located in accordance with Paragraph 6.3,and any such lines,as relocated must comply with the requirements and restrictions set forth herein. OR 4591 PG 2843 ARTICLE 7 STORMWATER DRAINAGE 7.1 Grant of Easement. Subject to applicable laws,regulations,codes and permits,Declarant hereby declares,establishes,creates,and grants for the benefit of,and as a burden upon, each Parcel,a perpetual,non-exclusive easement in,over and across the Common Area of each Parcel for the purpose of discharging stormwater drainage and/or runoff from any Parcel upon and across those portions of the Surface Water Management System within the Common Area on any other Parcel. 7.2 Grant of Outflow Easement. Declarant hereby declares,establishes,creates and grants for the benefit of the Association(hereinafter defined),a perpetual,non-exclusive easement in,over and across those portions of the Surface Water Management System located within the Common Area on -Reit o the Parcels in order to provide outflow drainage from the stormwater s •ee$'. - , This easement does not create a right of stormwater detention o ,: u s o . 4 ace Water Management System vio serving the Parcels,oth. +i the discharge of pe outflow pursuant to permit(s) issued by the South Fl.rid• a_eme' Dist t fr m time-to-time. 7.3 Conditions. The for goil • -r tri. is shall be subject to the following terms and con. .ns: IF 1 (i) The grades o ea Parcel and the Su ,..ce ate, ' agement System for each Parcel,shall • , tructed in strict c. .fi 41 syi teapplicable governmental rules,regulatio • ordinances and the . • e permit(s)issued by the South Florida Water M. . -,s = •t District;an. 1� (ii) No Owner shall alter or pe I R ed the minimum finished floor elevation or grade of those portions of the Common Area located on such Owner's Parcel if such alteration would materially increase the flow of surface water onto an adjacent Parcel or change the rate or concentration of flow or points of discharge from such Parcel. ARTICLE 8 ASSESSMENTS 8.1 Purpose of Assessments.The assessments for common expenses shall mean and refer to all actual and estimated expenditures made or incurred by or on behalf of the Association, together with all funds assessed for the creation or maintenance of reserves,if any, pursuant to the provisions of this Declaration. "Common Expenses"provided for herein shall include costs incurred by the Association in connection with the operation and maintenance of the monument sign and related improvements within the Master Sign Easement,the operation and maintenance of the Surface Water Management System,and the operation,maintenance,repair and reconstruction of other areas and improvements which are the responsibility of the Association,which costs are incurred for the common _ benefit and enjoyment of the Owners and Occupants of the Property;by way of example OR 4591 PG 2844 but not limitation median and buffer landscaping and lighting(exclusive of any improvement installed and maintained by a Parcel Owner other than the Association),all as may be authorized in this Declaration,the Association's Articles and Bylaws and/or applicable laws,regulations,codes and permits. The Association shall not be permitted to maintain buffers,Iandscaping or other improvements within any Parcel in accordance with the foregoing,unless the Association also maintains all similar buffers,lighting and other improvements within the other Parcels,provided that the Owner of a Parcel may, in its sole and absolute discretion elect to waive the requirement that the Association maintain any improvement on its Parcel in which event the Association shall not be required to maintain such improvement on such Owner's Parcel. For the purposes of this Article,the term`Board"shall mean the Board of Directors of the Association,and the term"Assessments"shall mean all assessments to be levied by the Association in accordance with this Article,including the annual assessments and special assessments of the Associ• - • • -•-d herein. \tR CO0 8.2 Creation of Lien and Per ; s . Igation of • - sifts s. Each Owner of a Parcel,by acceptance of a deed or • - •conveyance thereof, • •eth'br or not it shall be so expressed in such deed or conve , •eem:• • • - •ant anagce to pay to the Association: (i)annual Assessme ch • sse • - , to be -stabli' ed'nd collected as provided — herein and(ii)Speci: • .e- - • u• 1 : - • T• be stablished and collected as provided herein. W • p ct t„ e P . , ."r I •\1 IA•ses•ments,together with late -• 1 , charges,simple inte : • .1-• •t` •. � . per--•• - 1 :a per annum,and court costs and attorneys' fees i d to enforce or col'•cjt su•h • se ments,shall be an equitable charge and a continui I upon each Parce-•••• - 4 t ,•f which is responsible for payment. Each Owner# - personally liable • • • sments coming due while he or 0 .she is the Owner of a Par, •' or her as • take title to such Parcel subject to the equitable charge and c• . u inn f. -, .ut without prejudice to the rights of such grantee to recover from his or •r any amounts paid by such grantee therefor. Any purchaser of a Parcel through a foreclosure sale or a conveyance in lieu thereof shall thereafter be subject to all future Assessments,and same shall be discharged of liability for Assessments becoming payable prior to the date on which it obtains ownership of such Parcel. In the event of co-ownership of any Parcel,all of such co- Owners shall be jointly and severally liable for the entire amount of such Assessments. Assessments shall be paid in such manner and on such dates as may be fixed by the Board,provided that unless otherwise provided by the Board,at any time and from time to time,the annual Assessments shall be paid in one(1)annual installment. 8.3 Computation and Approval of Annual Assessments. It shall be the duty of the Board at least thirty (30) days prior to the Association's annual meeting to prepare and distribute to all Owners a budget covering the estimated Common Expenses anticipated to be incurred during the coming year. The Board shall cause the budget and the proposed total of the annual Assessments to be levied against each Parcel for the following year to be delivered in accordance with this Declaration to each Owner at least fifteen(15)days prior to such meeting. Such proposed budget and annual Assessments shall become — effective unless disapproved at the annual meeting by either(i) Declarant,•for so long as OR 4591 PG 2845 Declarant has the authority to appoint and remove directors and officers of the Association, or (ii) a vote of a majority of the votes of the Association (provided that a minimum vote of fifty-one percent (51%) of all the votes of the Association shall be required to disapprove the budget. With respect to all assessments authorized by this Declaration, each Parcel shall be responsible for a proportionate share of the Common Expenses based on the area of such Parcel in comparison to the area of the Property(not including the area of the Property owned in fee simple by the Association). If any budget at any time proves inadequate for any reason, then the Board may call a meeting of the Association for the approval of a special Assessment as provided in herein. In the event of any dispute between or among Owners as to the propriety or amount of any expense incurred by the Association,such dispute may be referred to the Association by any party to the dispute,and the decision of a majority of votes of the Association will be dispositive and binding upo s,Reeei. . ••er persons or entities affected thereby. Notwithstanding any provi ' S - - ; : extent that any Owner of a Parcel, or the occupants or invi -• !be:Parcel, by their . tsse omissions cause damage to any areas or improvements eq -• . •- maintained by e ssociation the Owner of such Parcel shall be respo -ibl, fo - epai re . tructio, or eplacement cost which right of reimbursement sh.,1 b .', t i _ C'•. do 8.5 below. _ 1 The budget of estima c. .y . , :T- . : ay i de 1 I out limitation,the following listed line items: -, 4 C (i) All ex.- . I ecessary to meet- ' : • ion's responsibility to operate and main 1n� - monument sign A-. ated improvements within the Master Sign --' ,a •- - . - ater Management System and the other areas an• . . is `yam.. hich are the responsibility of the Association, by way of example but not limitation median and buffer landscaping and lighting, in accordance with the requirements of this Declaration the Association's Articles and Bylaws and/or applicable laws, regulations, codes and permits. The Association shall not be permitted to maintain buffers, landscaping or other improvements within any Parcel in accordance with the foregoing, unless the Association also maintains all similar buffers, lighting and other improvements within the other Parcels, provided that the Owner of a Parcel may, in its sole and absolute discretion elect to waive the requirement that the Association maintain any improvement on its Parcel in which event the Association shall not be required to maintain such improvement on such Owner's Parcel. (ii) All charges levied for utility services to the said monument sign and other areas and improvements which are to be operated and/or maintained by the Association. (iii) The premiums on any policy or policies of insurance maintained by the Association. OR 4591 PG 2846 (iv) The costs of administration for the Association, including the wages any employees reasonably necessary to carry out the obligations and covenants of the Association under this Declaration. In addition, the Association may retain a managing company or contractors to assist in the operation of the Association and to perform or assist in the performance of certain obligations of the Association hereunder. The reasonable fees or costs of any management company or contractor so retained which do not exceed fifteen (15%) percent of the total budgeted Common Expenses for any calendar year (which total shall exclude such management fees) shall be deemed a Common Expense. (v) All taxes levied or assessed upon any real or personal property owned by the Association by any and all taxing authorities, including all taxes, charges and assessments, imposition and liens for public improvements, special charges and asses ►►ents. R CO (vi) All off-Prop .' .► ' be performed by the Association, including, 4 ► ►t limitation, me.i. • .i n,scaping, as may be required by any dev lop . a ►er, or by Coll -r a unty or other governmental authori . - '� (vii) Reaso ab :se :;:TS'yp tal mprovement,or recon • ' • i . •. , ► _ re the maintained the �, by Associ 8.4 Special Assessments. •• •ition to the ann • . - ..ments authorized above, the Association, acting thro► I. Board, may 1 ► any Assessment year, Special Assessments for Common a- ►..�ii "" • t:t year only, provided that any such Special Assessment shall be ap� _r.-`)..: a rity of the votes of the Parcel Owners who are voting at a meeting duly called for this purpose. The Board, in its sole and absolute discretion, may make such Special Assessments payable in installments over a period of time which may, in the Board's discretion,extend in excess of the fiscal year in which adopted. 8.5 Liens. All sums assessed against any Parcel pursuant to this Declaration, together with court costs, reasonable attorneys' fees, late charges and interest as provided herein, shall be secured by an equitable charge and continuing lien on such Parcel in favor of the Association. Such liens shall be superior to all other liens and encumbrances on such Parcel except as may be provided by law and except for(i) liens of ad valorem taxes,and (ii) liens arising under any mortgage, deed of trust, agreement for deed or similar encumbrance, including, without limitation, any in favor of Declarant or Declarant's affiliates. Notwithstanding the foregoing to the contrary, the subordination of Assessments to the lien of such mortgages shall only apply to such Assessments which have become due and payable prior to the date on which a purchaser at a foreclosure sale or a grantee by conveyance in lieu thereof obtains ownership. All other persons acquiring liens or encumbrances on any Parcel after this Declaration shall have been recorded shall be deemed to consent that such liens or encumbrances shall be inferior to OR 4591 PG 2847 such future liens for Assessments as provided herein, whether or not such prior consent shall be specifically set forth in the instruments creating such liens or encumbrances. 8.6 Effect of Nonpayment;Remedies of the Association. (i) Any Assessment of an Owner or any portions thereof which are not paid when due shall be delinquent. Any Assessment delinquent for a period of more than ten(10)days after the date when due shall incur a late charge in an amount as may be determined by the Board from time to time and shall, as of such date,commence to accrue simple interest at the rate of eighteen percent(18%)per annum. A lien and equitable charge as herein provided for each Assessment shall attach as of the date such Assessment is due and payable, and if any installment of an Assessment (to the extent the Association elects to have the Assessments paid on an installment basis) has not been paid within thirty(30)days of the date on which same is due, the entire un ai• ..0=, 'T ssessment maybe accelerated at the option of the %: v . otice from the Association and be declared d.• • .ayable in full. . inuing lien and equitable charge of such : sse ..- . .all include the . e c . ge established by the Board, interes on e , - - '..a amo • ,ue at i'a r.to of eighteen percent (18%) p t • .1 .- • g r:. onable attorneys' fees and _ per . .um •. court •ost• d'.i .� :� . . '. -d Ir permitted hereunder or by law. - •e . - ssmeat • .-m:•.. unpaid after sixty(60)days from .n:mai •ue da e, '.-.2.e -soc': _'• may, as the Board shall detenni - stitute suit to coil- u h : .. : , is and to foreclose its lien. The equi - harge and lien p . •a • PII'n this Article shall be in favor of the Ass7 i&. . and each Own- ley . s acceptance of a deed or other conveyance - •> sociation and its agents the right and power to bri :. •�1 ittl '.i .. st him personally for the collection of such Assessments as a debt and/or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. The Association shall have the power to bid on the Parcel at any foreclosure sale and to acquire,hold, lease,mortgage and convey the same. (ii) No Owner may waive or otherwise escape liability for the Assessments provided for herein, including by way of illustration but not limitation, non-use of the Common Areas or abandonment of his Parcel, and an Owner shall remain personally liable for Assessments, interest and late charges and other sums due hereunder which accrue prior to a sale, transfer or other conveyance of its Parcel. The obligation to pay Assessments is a separate and independent covenant on the part of each Owner.No diminution of abatement of Assessment or set-off shall be claimed or allowed by reason of any alleged failure of the Association or Board to take some action or perform some function required to be taken or performed by the Association or Board under this Declaration, or the Articles or Bylaws of the Association, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from OR 4591 PG 2848 any action taken to comply with any law,ordinance,or with any order or directive of the County or other governmental authority. 8.7. The annual Assessments provided for herein shall commence as to each Parcel on the day on which such Parcel is conveyed to a person other than Declarant and shall be due and payable in such manner and on such schedule as the Board may provide. Anything contained herein to the contrary notwithstanding,Declarant shall not be responsible for the payment of Assessments on Parcels which it owns. For so long as Declarant has the authority hereunder to appoint and remove directors of the Association,Declarant shall have the option to either pay annual Assessments on Parcels owned by Declarant or to timely fund any deficit which may exist between(i)the total amount of Assessments levied on all Parcels not owned by Declarant and(ii)the actual Common Expenses of the Association during the fiscal year(not including the funding of any reserves for a Parcel on which construction of above-grade improvements has not commenced);provided, however,that the annual budget of Common Expenses,Assessments,and deficits,if any, shall be annually reviewed by Decl. ..• .• . •- Board,and during such period Declarant's obligation for • M1 ,k• •e up to the amount of the Association's budget. An _go,.. in funds he • . e to the Association shall be carried over from year t• y.. o as to reduce Decl. : is ,bligation to pay Assessments, and Declarant shall ha a n. o.. :a to - , • •• =serves witlhrespect to any Parcel on which construction of.bo e-: .de ,t• a ement has no co enced if the Board — creates such reserves U•• 0 • _ , • • , •i e . thority to appoint directors or officers of the Ass•cia'o ,D, . o a1 ig:to• n y to pay Assessments with respect to Parcels o l� • • ►, .• •. 8.8 Common Areas and C- . Other Property. 'f s •t•=.3 e provided herein,no areas or improvements owned ' ' • • ssociation hereun•it. be subject to assessment hereunder. Further,the fo = m•tion •.�ito any land owned by a public agency as long as such land is • .4uei : ••t es. In the event of any ambiguity or doubt as to whether any particular op- •. or other land owned by the Association or a public agency is subject to assessment,the determination of Declarant shall be final and conclusive. 8.9 Reserves. Any reserves established by the Association from time to time,whether funded from Annual Assessments or otherwise shall be used only for the purpose originally reserved for in the Association budget and may not be used by the Association for any other purpose,unless such other purpose is approved by a seventy-five percent (75%)vote of all votes in the Association. Notwithstanding the foregoing,the Board of the Association shall have the authority to utilize up to twenty percent(20%)of the amount reserved in any particular Reserve Fund for another capital purpose without the vote or the approval of the Parcel Owners. For example,the Board would have authority to use up to twenty percent(20%)of the amounts reserved for road repairs for a drainage repair without requiring a vote of the Members. However,the Board shall not have the authority to use reserved funds for Operating Expenses,or for any other purpose except upon the required vote of the Members of the Association. OR 4591 PG 2849 ARTICLE 9 RESTRICTIVE COVENANTS 9.1 Prohibited Uses. Without the prior written consent of the Declarant, no portion of any Parcel shall be used for any of the following purposes: a dry cleaning plant(exclusive of a dry clean store accepting clothing), skating rink,bowling alley,discotheque,dance hall, nightclub,amusement gallery,outdoor recreation or amusement facility, pool room,adult entertainment facility, gymnasium,massage parlor,adult book store,pinball or electronic game room, a so-called "head-shop", funeral parlor, flea market, bingo parlor, cafeteria, sales of automobiles, car wash other than a self service car wash operated in connection with a gas station/convenience store operation. 9.2 The use of the Property shall also be subject,inter alfa,to the following conditions: (i) All permitted ..2 ,4 4.cttriovAs • or drive thru lanes serving a bank, savings and loan or tv} • ' ated bank teller machine kiosks and appurtenant ft es, and outdoor _ area for restaurants, shall be conducted entir, y I • . • pletely enclos-• b 'Wing; (ii) There ha •� •.• • -. • - - • • , o any materials, products or _ goods;and th re • • o .• e 4_ Y an s,streamers,balloons or the like permitte•, • • , - o 1-• on •'‘ I•o, of the Property or on any building, stru• • '- o ehic - •n i ;,ope . alk sales as determined by Declarant in D,w,,..4: is sole discretion al)n• he •ermitted unless approved by Declarant in Dei '.• 's sole discretion. ' (iii) There shall •. • I - ' • -4 at, in the reasonable opinion of Declarant (or the Asso '.,ibi c -a•,• is or may be or become a nuisance to the Owners and/or Occupan o other Parcels because of dust, dirt, smoke, fumes, odors, noises or vibrations, and there shall be no outside paging systems or loudspeakers permitted within the Property, except those within any drive-up or drive thru lanes serving a bank,savings and loan or similar business; (iv) Except automated bank teller machine kiosks and appurtenant facilities serving a bank, savings and loan or similar business, there shall be no free- standing "kiosk"type buildings or small light structures permitted in the parking area, service area or building setback area of any portion of the Property unless approved by Declarant in accordance with Article 4;and (v) All service and deliveries for any building(s)on the Property shall be contained to the rear of the building(s)where physically possible,or to designated service and delivery areas as approved by Declarant in accordance with Article 4. 9.3 Enforcement. In the event any Owner or Occupant shall violate any of the provisions of this Article 9,and upon notice to the Owner or Occupant of the applicable Parcel of such OR 4591 PG 2850 violation, the Owner seeking to enforce this Article 9 shall promptly commence and expeditiously pursue any and all remedies available for the enforcement of said provisions, including, without limitation, injunctive relief against such Owner or Occupant. Any expense, including, without limitation, reasonable attorney's fees and court costs, incurred by any Owner in the enforcement of the rights set forth in this Article 9 shall be paid to the party enforcing this Article 9 by the Owner or Occupant that is in violation of this Article 9. 9.4 No Waiver. No delay or failure on the part of any Owner in the enforcement of its rights pursuant to this Article 9 shall impair enforcement, or be construed as a waiver, of any such right,or constitute acquiescence to the breach or violation thereof. No waiver of its rights pursuant to this Article 9 shall be valid as against any Owner unless made in writing and signed by such party,and then only to the extent expressly set forth therein. 10.1 Liability Insurance. E• h I - . . '• el in th-Pro erty shall maintain or cause to be maintained in fu fo • _ - -c ",mere nsive :ene al liability insurance covering such Owner s Pr, - '�''�S` 1 e7it liability of not less than $1,000,000.00 per oc urr .-/$2 04 4 40 �i- r.'. •gr• :at limit for bodily or personal injuryor de• , • �� _ e • - ;. = nclude a waiver of ..y ,+ g subrogation. Such in- • ce shall be procureom es s 161-i• =le insurance companies authorized to engage i 1.; •usiness of genera-fr• +i ty iG ance in the State of Florida and shall provide for pa , : •f claims on an occ ij =asis. Each Owner within the Property agrees to furnish er Owner • ' .perry,as applicable,requesting the same a certificate of insur•.• e ¢'== n l insurance required to be carried by such Owner is in full force and e e . .1 .nce coverage required by this Paragraph 10.1 may be provided in the form of a"blanket policy"of insurance covering the Owner's Parcel and other properties,provided that(i)the amount of the total insurance available shall be at least the protection equivalent of individual policies in the amounts herein required,and(ii)in all other respects,any such policy shall comply with the applicable provisions of this Article 10. 10.2 Self Insurance. The provisions of Paragraph 10.1 of this Declaration,entitled"Liability Insurance"to the contrary notwithstanding,an Owner may elect not to procure such general liability insurance,provided that at the time of such election the aggregate net worth of such Owner is not less than$50,000,000.00. If and when such Owner shall elect not to procure such insurance as aforesaid,then such Owner shall,within one hundred twenty(120)days from the end of such Owner's fiscal year,give notice thereof to Declarant,which notice shall certify that such party's net worth is not less than $50,000,000.00. In addition,simultaneously with the delivery of said notice,such Owner shall verify the net worth requirements by delivering to Declarant either(i)unaudited financial statements of such Owner for such party's most recent fiscal year,which financial statements shall be prepared in accordance with generally accepted accounting OR 4591 PG 2851 principles and certified as true and correct by the chief financial officer or partner of such Owner,or(ii)in the event Tenant is a publicly traded company,a copy of Tenant's Annual Report(10-K)filed with the Securities and Exchange Commission for the year immediately preceding such notice. Therefore,upon request by Declarant,such Owner shall cause similar financial information to be delivered to Declarant. Upon the giving of said notice and delivery of such financial information by such Owner,such Owner's obligation to carry liability insurance pursuant to Paragraph 10.1,shall be suspended for so long as such party's net worth equals or exceeds$50,000,000.00. 10.3 Waiver of Subrogation. Each Owner and Occupant(the "Releasor")hereby releases and shall release the other Owner and/or Occupant (the"Releasee") from any and all liability or responsibility to the Releasor or anyone claiming through or under the Releasor by way of subrogation or otherwise for any incurred loss or damage to any person or property caused by fire or other peril or other such loss, damages, or other such loss, damages,or other insured event or n-_ '•- • e of the Releasee,or anyone for whom such Releasee may be responsible; _ •vt, , • i .t this release shall be applicable and in force and effect only '. o loss o tri . ` occurring during such time as the Releasor's policy or .•lea: of insurance sha eco .in a waiver of subrogation endorsement,to the e •ect . • ch tele. shal of kdversely affect or impair said policy or policies or • eju,ice i e •, t : the jam:easor t• reirover thereunder. n C 0 1. V ......._ 11.1 Liens. In the event an hanic's lien is fil-_=4<;.ai s `roperty or a Parcel as a result of services performed f• ,aterials furnished te •• • er or Occupant of another Parcel,such Owner or Oc .. •all cause sue• : •• •e released and discharged of record within thirty(30)days ai• .• ' ch lien,either by paying the ,114indebtedness which gave rise to su . •.a posting bond or other security as shall be required by law to obtain such release and discharge. Additionally,the other Owner permitting or causing such lien to be filed shall indemnify,defend,and hold harmless the Owner of the Parcel upon which said lien was filed against any liability,loss,damage, costs,or expenses(including reasonable attorney's fees actually incurred and court costs) on account of such claim of lien. ARTICLE 12 GENERAL 12.1 Amendment. The provisions of this Declaration may be abrogated,modified,rescinded or amended in the whole or in part by the Declarant,in Declarant's commercially reasonable discretion;without the consent of any other Owner with regard to all or any portion of the Property.Any abrogation,modification,rescission or amendment made pursuant to this paragraph,shall not be materially diminish a Parcel Owner's rights or be materially adverse to a Parcel Owner,without the joinder and consent of that Parcel Owner.Any such instrument shall be executed with the same formalities as this document and shall become effective upon recording in the Public Records of Collier -- OR 4591 PG 2852 County,Florida.A copy of same shall be delivered to each Owner at least five(5)days prior to recordation. 12.2 Enforcement. This Declaration may be enforced by Declarant or any Owner by an action available at law or in equity,including but not limited to injunctive relief and specific performance. In the event the Owner(the"Defaulting Owner")of a Parcel defaults in the performance of any of its obligations pursuant to this Declaration and such default shall continue for a period of thirty(30)days after receipt of written notice of said default from Declarant or any other Owner(the"Non-defaulting Owner"),Declarant or the Non- Defaulting Owner shall be entitled to cure such default,provided(i)the Defaulting Owner is not then in the process of diligently attempting to cure the default,and(ii)no notice or opportunity to cure shall be required in the event the default creates an emergency or interferes with the use of the Non-defaulting Owner's property. Any and all expenses incurred by the Declarant or the Non-defaulting Owner in curing such default,together with fifteen percent °. .er annum interest thereon shall be payable by the Defaulting Owner with,'Itt v 110jr . 'nen demand therefor by Declarant or the Non-defaulting 0 °:e au tt 1 to Ar)r In the event of enforcement of this Declaration by Decl• IT t any Owner,Decl. : . aid Owner shall be entitled to recover,in addition to y . 0 • availabl to s. - hereunder or at law or in equity, attorneys' fees,court •ost In . en , en or,ement •f t .'s Declaration by Declarant _ or any Owner,Decl. t • . 411( • -.: i1•- . --• . re over,in addition to any other relief available o s : i • . . .i -q ity attorneys' fees,court costs, and interest on any . . , • t • • N ,. . . a. : er to cure such violation, such interest to be cal a . -d at the lesser of( • .�• of ', st equal to five percent (5%)above the then-c • prevailing rate of'.I.- - .t' a7 ct in the area in which the Parcels are located,or(I • ighest rate permi -• • (b= aw of the State in which the Plat is recorded. Q C 12.3 Partial Invalidity. In the event an •' •• = +is Declaration is determined to be illegal or legally unenforceable,such determination shall have no effect upon the remaining terms and provisions hereof,and the remaining terms and provisions hereof shall continue in full force and effect. 12.4 Notice. 12.4.1 Form. Every notice,demand,consent,approval,or other document or instrument required or permitted to be served upon or given to any Owner shall be in writing and shall be delivered in person or sent by nationally recognized express courier or registered or by certified mail,postage prepaid,return receipt requested,and,if to Declarant shall be delivered to the following addresses,respectively: If to Declarant: Stock Development,LLC 2647 Professional Circle, Suite 1201 Naples,Florida 34119 Attn:Chad Kocses OR 4591 PG 2853 With a Copy to: Eleanor W.Taft,P.A. 2647 Professional Circle, Suite 1203 Naples,Florida 34119 and,if to any Owner,at an address specified in the manner set forth in Paragraph 12.4.2 hereof for change of address. 12.4.2 Change of Address. Any Owner may specify or change the place for service of notice by sending a notice to the other Owner(s),which notice shall become effective ten(10)days after delivery thereof. All such notice addresses shall be within the United States. 12.4.3 Notice to Lender. If a lender has theretofore sent a written notice to an Owner which expressly states that it is the holder of a security interest in a Parcel,describes the nature of the security interest,and sets forth the name and address of such lender,then until such Owner receives a written notice to the •• tt.s from such lender,such Owner shall send to such lender copies of all not'• *Ri ; , any other Owner pursuant to this Paragraph 12.4. ()O HT1,, 12.5 Indemnity. Each Own. (ii n,-indi idually,"Inde •ito ' shall defend,indemnify, and hold harmless the •e • • ` ." : of - 0 e (indi id ;]ly and collectively "Indemnitee")from a 1 clti . t'-: ai .•:T - •,i-Is • d costs(includingreasonable attorney's fee, • 4 o fjos ) .suiting from any construction,includir: '• : f n u 4 4 s br amage J occurringto g any person or to the prope s• • any person arisin:�',ut o or .1-:, ing from the Indemnitor's exercise of the rights, • -ges,and easemen-J.--.114 e• in(provided,however,that - the foregoing shall not . .-,• 'cable to events o ces caused by the negligence or willful act or omission • tIj ••emnitee),or from the Indemnitor's violation of any of the restrictions,coy a. 4..T• •1151, .o .. = ' .blished hereby. 12.6 Environmental Indemnification. Each Owner shall indemnify and hold harmless the Declarant and all other Owners from and against any and all costs,claims,suits,causes of actions,losses or damages resulting from the presence or removal of Hazardous Materials stored,installed or deposited on or delivered to the indemnifying Owner's Parcel during the period of ownership thereof by such indemnifying Owner. No person or entity shall be liable for acts or claims arising from acts not occurring during the period such person or entity owned or owns the Parcel to which such acts or claims relate. As used herein, the term"Hazardous Materials"means any material or substance that is toxic,ignitable, reactive or corrosive and that is regulated by the State of Florida,the United States Government or any agency thereof including,without limitation,any and all materials defined as"Hazardous Waste","Extremely Hazardous Waste",or"Hazardous Material" pursuant to state,federal or local government law,as amended from time to time. Each indemnifying Owner shall be responsible for all costs including,but not limited to,those resulting from monitoring,cleanup or compliance,incurred with respect to any Hazardous Materials stored,installed or deposited on or delivered to a Parcel during the period of ownership thereof by the indemnifying Owner. The terms and provisions of this Paragraph 12.6 shall be perpetual in duration. OR 4591 PG 2854 12.7 Estoppels. At any time during the term of this Declaration,an Owner may request that Declarant,the Association and/or each other Owner,or any of them,provide to such Owner,its mortgagee,or a prospective mortgagee or purchaser,within twenty(20)days from such request,an estoppel letter or certificate stating whether such Owner is in compliance with the terms and conditions of this Declaration,whether all assessments becoming due hereunder have been paid and such other information as the requesting party shall reasonably request,and any exceptions thereto. 12.8 No Waiver. No delay or failure on the part of any Owner in the enforcement of its rights under this Declaration shall impair enforcement,or be construed as a waiver of any such right,or constitute acquiescence by any Owner to the breach or violation thereof. No waiver by an Owner shall be valid unless made in writing and signed by the Owner and then only to the extent expressly set forth therein. 12.9 No Merger. Declarant hereby,;.E-2.:•..j.,•,' a : of the date hereof,Declarant owns the Property,and that in th - same • ' 9r,. tity may own more than one(1) Parcel. Notwithstandm_ ,4 Ieclarant hereby • - - that the restrictions,covenants, conditions,and easeme is s- , : -= ein shall apply • if•.ch Parcel had separate Owners and that there ha. be •-• - -rg- •f s•` 12.10 No Agency. Nothin in l • De(1. •n -79110' 1 e• or onstrued by either party or by any third person pry), '• a o it• c and agent or of limited or general partners or of'Oh venturers or of an ther : so ` on between the parties. 12.11 Covenants to Run wit` - •. It is intended of the easements, covenants, conditions, restrictions,ri=i ; • obligations se '• , 'erein shall run with the land and create equitable servitudes i ••erty benefitted thereby, shall bind every person having any fee, le. AN •, -r interest therein and shall inure to the benefit of Declarant, the respective Owners of the Parcels, and their successors, assigns, heirs,and personal representatives. 12.14 Grantee's Acceptance. The grantee of any Parcel or any portion thereof, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof, whether from an original party or from a subsequent Owner of such Parcel, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, restrictions and obligations contained herein. By such acceptance, any such grantee shall for himself and his successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and with the other party, to keep, observe, comply with, and perform the obligations and agreements set forth herein with respect to the Parcel so acquired by such grantee. 12.15 Time of Essence; Force Majeure. With respect to the performance and discharge of the obligations set forth in this Declaration, time is of the essence. In the event that any Owner or Occupant shall be delayed, hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to OR 4591 PG 2855 procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, the act, failure to act or default of the other party, war or other reason beyond their control,then performance of such act shall be executed for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 12.16 Entire Agreement. This Declaration contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations,negotiations,and understandings are superseded hereby. 12.17 Governing Law. The laws of the State of Florida shall govern the interpretation,validity, performance, and enforcement of this Declaration, and the proper venue of any actions arising hereunder shall lie exclusively in Collier County,Florida. 12.19 Waiver of Jury Trial. All Owners • • 4 'ants and any party claiming by, through or under them, or any party clai Ia.!foliiillit r 4. :..t to the terms of this Declaration, do hereby specifically and irr• Ini awe an• 4 , i 1( may have to a trial by jury in any action against the D kr.. t or any other Own- •r €ccupant or their successors and assigns, and Declaran' he.- • •• •-s an .. t to • jtl(y trial it may have in any proceeding against an' 0 e +r_. cu.• t or of th;it st ccessors and assigns,or any party claiming intere.t u : • .ii- WI : - F ` `. en waiver bein an essential _ �� gand material portion •f i • nsi1 thi Declaration and imposition of the covenants cont a a- : 1 . . .! pe ,. 12.20 Declaration Shall Co it - Notwithstandin• !. r is expressly agreed that no breach of this Declarat' 'all (i) entitle any ..• ,• cancel, rescind, or otherwise terminate this Declaratio i' defeat or re . ., i • id the lien or any mortgage or deed of trust made in good .r i raw,tt . . y part of the Property. However, such limitation shall not affect in .1 •• •.. - ., y other rights or remedies which a party may have hereunder by reason of any such breach. 12.21 Effective Date of this Declaration. This Declaration shall become effective upon its recordation in the Public Records of Collier County, Florida("Effective Date"). ARTICLE 13 SURFACE WATER DRAINAGE AND MANAGEMENT SYSTEM 13.1 The Surface Water Management System shall be maintained by Declarant or the Association(in the event of an assignment of such rights and obligations as contemplated by this Declaration),in compliance with all laws,regulations,codes and permits of governmental authorities, including without limitation the South Florida Water Management District. Maintenance of the Surface Water Management System shall mean the exercise of practices which allow the systems to provide drainage,water storage,conveyance or other surface water or stormwater management capabilities as permitted by the South Florida Water Management District and shall specifically include, but not be limited to,maintenance of aquatic vegetation, lake beds,lake banks,littoral OR 4591 PG 2856 planting and lake maintenance easements,which pursuant to this Declaration are not the responsibility of others,as well as water quality and wetland monitoring and/or testing. Any repair or reconstruction of the Surface Water Management System shall be permitted,or if modified,as approved by the South Florida Water Management District and Owners. All references to South Florida Water Management District shall include its successors-in-interest. ARTICLE 14 ESTABLISHMENT OF ASSOCIATION AND ASSIGNMENT BY DECLARANT; 14.1 Declarant shall have the right,at any time,but not later than Declarant's transfer of fee simple title of the last Parcel within the Plat,to assign to the Triangle Plaza Neighborhood Commercial Property Owners Association,Inc.a Florida not for profit corporation(the"Association")the right and obligation to perform all or a portion of Declarant's duties,to exercise all or a •• ••• • of Declarant's rights hereunder,and to assume all or a portion of Decl.. . yealika0e,s; eunder,all as shall be assigned by Declarant to the Associatio :`'+ • -n assig ded in the Public Records of Collier County,Florida : signment" . A cop' `- Association's Articles of Incorporation and ByL• s • orded ' the • sig1 ment. Upon taking fee simple title to a Parce ea• O" - • beco - a ember of the Association. Each Owner and eac Par - • - • .. i T er-'n shall be subject to the authority and control •f t iso • ;TV i • it du E es and pursuant to this Declaration. 14.2 It is contemplated that :f;.: or plats may be r4<-:<-: - e passing the Property or portions thereof in order • 'divide the Declaran : the Bank Parcel and/or Parcels to be situated with • f .• -a encompass - s,A,, Declarant Parcel. Such plat may be recorded after this De • , j. such event,Declarant acknowledges and agrees that the . - d Common Utility Lines shall not be adversely affected by such platting. If the Collier County platting requirements require an Owner or mortgagee to execute the plat,no Owner or holder of a mortgage affecting a Parcel shall unreasonably withhold,condition or delay its approval or execution of such plat,and each shall(i)execute and deliver the originals of such plat to any other Owner requesting same within ten(10)days following a written request accompanied by the originals of the approved plat in executable form,and(ii)cooperate in all other reasonable respects to facilitate the approval of the plat from applicable governmental authorities and the recordation of such plat. [Signatures on following page] OR 4591 PG 2857 IN WITNESS WHEREOF,the Declarant has caused this Agreement to be executed by its duly authorized representatives as of the day and year first above written. WITNESSES: DECLARANT: STOCK DEVELOPMENT,LLC,a Florida limited liability ompany /ffi By: 2w Name: // / tabt,t'V Nva• e: V Title: r • • • . STATE OF FLORIDA COUNTY OF COLLIER )s (CCO)p The foregoing Declara' ' • acknowledged *. Z ay of 20 by 4 . k-• 1�.+ ,a 4 - :: ft of S k Development,LLC,a Florida lime - 'ty compan :f of the company. He is personally known to me. t[ CIR C Nam-: • Lu."icjif Notary Public Commission No. My Commission Expires: rjbaizOi . [Notary Seal] vt'r Notary Public State of Florida ;4 Eleanor W Taft 4 4 My Commission P0824343 '10,,,g Expires 09/182012 OR 4591 PG 2858 JOINDER The undersigned joins in this Declaration for purposes of acknowledging the same and agreeing to the terms thereof. ASSOCIATION: Signed,Sealed and Delivered LELY RESORT MASTER PROPERTY in the presence of: OWNERS ASSOCIATION,INC.,a Florida not-for-proft o 'o.:tion 1 /jI"' By: _ . Na ire ref �Ji Name: /fii. *C Title: , -w"' 0 o \'\ R CO A STATE OF ailda )G -r' COUNTY OF C�lcyr ' "' , i . The foregoing instrument was . kn dg • e t' ay of __ ,2010,by (�Apt r(15 ,the • ,.,t!i 4' il ' ',i,SOR' i A'?E`=' •if: RTY OWNERS -�.- .iii►.. ASSOCIATION,INC.i.A.Florie t t- • -pro t orpora i ,on ;- al ,'. e corporation. The above- named individual[1.14-personal 4,j,�wn to me or[ ]has u,,.+uc d - h lowing identification tl ommission Number:, D(1 g2.4 L/3 (Notarial Seal) My commission expires: of O/20/2. kit Notary Public State of Florida Ektno►W Taft y * My Commission D0624343 40,04° Expires 0911612012 OR 4591 PG 2859 CONSENT OF MORTGAGEE TRIANGLE PLAZA AT LELY RESORT COMMERCIAL NEIGHBORHOOD DECLARATION KNOW ALL MEN BY THESE PRESENTS: Regions Bank(the"Mortgagee"),the holder of that certain Mortgage,Security Agreement,and Assignment of Rents,recorded April 22,2002 and recorded in Official Records Book 3022,Page 2108 and modifications recorded in Official Records Book 3947,Page 452 and Official Records Book 4128,Page 3834 of the Public Records of Collier County,Florida(the "Mortgage"),which Mortgage constitutes a lien upon the real property,hereby consents to Stock Development,LLC ("Declarant"),a Florida limited liability co I• • I.ecting the lands described therein to the provisions of the Declaration and a: = . tl Q,1e a' :•cumbrance of the Mortgage shall be subordinate to the Declaration. 0\' 1� 'u The subordination set forth h: ein s. - i t• he rig.ts o Declarant,its successors and assigns,created by the Decl.,ati•n an`. I.',_ s :: dinati•n shal of onstitute a subordination to the rights of any other pers.. or(i1 •. >• . I t't he 'roperty,as defined in the Declaration. I Dated this I day of _ , 2010. WITNESSES: Regi. • CJS, " Witnesses: THE C I -{'� /JI#,I j / n Name•— scc /i L, 174,71-1-s WI�J Title: Print Name: inure OR 4591 PG 2860 EXHIBIT"A" LEGAL DESCRIPTION OF PROPERTY TRACT 4,LELY RESORT PHASE ONE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16 AT PAGES 87 THROUGH 99(INCLUSIVE)OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, O���R. CQjJ�9' , CZ 0 '► C° E CI OR 4591 PG 2861 POOR QUALITY ORIGINAL i/ i,. i i• ,/'r J / 1t;� gm p Pi r/ iii 7 i • //// t / / },/"fl L.11/ i t.__.� �' C''i / ..z H+ /' i I / , //I t 4. Q t 1.9.41 • i•-.. p-17, t ,„„ , :Nis ,,, •7., : p t.....3c 0 I, ) f..., I 1! Iiii IL ' . 4 /f 111 )pin ,\ • S' �.' �i lit iil> �\ CIS r lit 2114 Alms iii • .,•' %, ,!a r \ r. iii \ i!:iii, 'N . . ''„, I Z ',. 4/74 N:ss:/&11'1 9 1�m` `\ \ \'\ ,11 !!J . F� ii A a i 1 It ll :itnqjr • �o i ; t;s:�,I,;�;u orfPN:s \ illitr: 7 it I„ i` Si I Ilia i,i iii *11"11:17451i9 aiiE E —�i ill- 1 21. ;d •l i 1 ! I elelii it,1 t' IPg ifs* }x@; 1 , OR 4591 PG 2862 EXHIBIT"B" LEGAL DESCRIPTION OF BANK PARCEL COuA, n EC 0 ?V C.) 7711E CII&C OR 4591 PG 2863 NwWGZON Uar MONO M.SIMXI[T 4,1101404.1V+AN..e,v/vD'e 1:11:1.I11 Moto 10,01 [ 1I sora- .i--n 41.tL.OZfS N"'.*"TT :RR t In a X R R iii-Z;. -4R ep8 A g i q0 I lq!.1 r'l 1 90P9l 1KI13513 57C7Y o7Sod7241 F7 k, NaiYCC — J �,- �1� t"" m Z 2 m 1). 1j �,. FJ 0%46:1 la cr ---081V 'cli 0. 1 ye x 4x g -hi i c il i (n — r G`41 44 2 AA ... N Est Z H t ill �', :',� 0 D _r r CIRC T0, 0 , 0 Col X/ 1 0— ie,g o Eng 1 ti�2 qa'm2 r tm 1 D g z ^4Xlg 4. 4s1• o 35/8 5 +.20�9 %ng 2 c c z� � �' gnu � ,8 '�1� r a M Uti2V h n ml�''S 96n C' 'e o'' $ ��-"-' K s y 4'� —O y 2 .�'. z G L A -R X, `� z S >� n > 875 _ - 'ggC�;aF^ l v �� ma1 in c >< N o9ol-ZV a g N ir 4� _ 0.0.58mg m 0 fig :�$ n€m^ om a 'n N� 0 Nr79 a% Z •R 1$$S 4:-. y wNH --, (� aid ;it0 aF.,0y S �' ao°!e,4!--qh: g li ". I/ 442 00 0s0 0 �;�4 6 p l'. o O�/> y (n N 0...:-.4n P 0 NI A' PI 1' Lb y Y1 �1 .. z Of ! rn� T= 42 S�C 54 8�j10 43 N X 2 ' .zg4. ,Ilf^�Qap �s sr on r oo s Mot.o .1 211,...'0,rL.-,102 - �o unity-, Q' y, . si,- y9e 7R 0 w/ E '"a F...Mae a OR 4591 PG 2864 EXHIBIT"C" LEGAL DESCRIPTION OF DECLARANT PARCEL 8.0R R Cp & C"411";° c,,,,, ,, ,.., p,,,,,,,,.„ ,,,., ,,,T RrA5N ECI. OR 4591 PG 2865 w.'.nw4107.6r00111300DSIII1,..[,.Um...iw..3f1....*NMI! a>t.se.16,0 ___ Al jZ,OZtc N 0-0-8•�0 is sr •W11 morn i `00 r- ,SOOSI ,wool M..60,SbtS N rJ 80SL1 1 " ��'3 i .rZ,OzsS S =--77 1J , illgslig ;gi I h ata 4g Si u1„ , I Z 201, 1 b'' (42 ` i i 9 (4 cora..A I H . Y RRR b MCI Ci CA 8;14Ep .,r,r- 1 c?,.. nl 85 'tNZ2 1 .. 8 8aS!"..^ Z_, ^ZI V I lJ © f T. ,e„Yom 90,291 inciansuswor � „5 X S k i r 0350.004d ll� yN i1EiUri ,^ZE — 1. (/1 a g~ b 4 N T _ o z 1/1_ r--R CoU yon �r1 q C 4.&/'� x.p 1 1 / a. g I41. t. / (cct. a n 0 py i C1 �` ti' U1 ch.. K�)j *_ :ER —moi ;,1 n �o N � c I —r 1 .09,i5 CM' p•, N1\I -, \ N O N csIN rA R68 R _g vont') �"m c 5' Mi=>$nY i��X"g}Q' "'iowr p� 'in o-.m 'z „� lb AQ` r z 8{s' a�1U =T TRPtig= o''�N�$NFi n1lz Eng g Tv' n„ �^5 A 0 ', nn Q _i gm (^or+$ p1� oN 25 Q5ou t>1O-�Ct i eq! V�v x= A M O 2>1O 1 2 h9N 1 01 gm.0V n g>O o ung -z. y c.-.z4- 'fig o v Faso' 67o� oa ' il°g A0>1 1:N tan 0207p u' !•_i CJ n20= O �" ''§5.0 :'91- � ° < <xS�o�> ,o.� o n > X a03 11 )V 0pv - ' z FAf: y '"on- >Nux foo - XX 0.•-,.' F ZPg.,, '44 lgX; > n:EOqh[, AOZ ` Q ; ( £ c.'1D M AM n org ,, ' N -el.> ng- p osnr REm,- .0,-- ......2 3. a OyZ n! y 0p � hy , cuo; o g< G Ar ' G Vid �0 1 e > 1 QAC n . ll y V-,.- m< 2 E On02i>'$Zn Y,1' =nf.19,Nt^,-�>1 2c OA 9T q—Z O O>O XI C ,Y A gn0 A 000 ^ mpp ? (.'u�, o..:-.7, O +l1^n '�� PI' >->Z�<Ez^ct. o � >euo .. S^�R� $ s \ ! ' j� ; NCCjPfI� 'yY8 .;,' �-1z �c Rv= k o 11 m SO C Nn�>h�c—ACAy t'Do OR 4591 PG 2866 EXHIBIT"D" INTENTIONALLY DELETED 0 PV CI OR 4591 PG 2867 EXHIBIT"E" LEGAL DESCRIPTION FOR MASTER SIGN EASEMENT Q4 '�� � COUAt t C o py , , \\\N. ‘„_ (pi -,,,,, - ; c THE cw-c OR 4591 PG 2868 Y'.CO%STLELY RESORT M STEWTRACT 1'30167170.4.Modd.7.9=10 10 e 35 AM.1100 y$ /I (M-0-Y ww l ,001)!t sr . ffrwri [i V $ -4 a �i. z o$ i7 — • n 4 riE a I-Avi L"t7 I c 2 C i t, v A 1'41 ppb 0000u 2z • > O f• 4,, .M N exeoo> a:: _ CUA -.<8--- .r., 6, 0 OD il !".1 w CO 1' 111( F...., Z a r s § r o t, z t ` a t lk_Cx.) 1 t SV -, Cii -< 2. I 11'2 \ '"1 .Z rIns rndo x _g a /, K L N NpM11 0. 6 — , o tto 0 0,20 r;i Lz7 yA1 y t zn'P~awP�il a~m� acN�n p 020 bey '� n 5=p01 �N � $N �= ^n�� 'b'2^Aa �O1 n2E2In GP I~z vZ W h 21 N £ Z1(41g8 vP,y %;Al n-� n A 1 AO o p n C �o n on'0 gr s Z m0� Zz^ £$ ui� N zoo~rz 5< A� o_ �z. s w Aria n'' . ,,,� °u„-- JJ�y,,,. Z ��$>y 1`I 2 AAgtzh2 O 11 /n 0 � > P. fl n op yy OA A .0 n1 ON,y8 Nm N G C gle; fp�b a >p>p~N EA A O ~ �',p,�O_Ofg�••IT,1 A >p C' p1 ZpZ p EN A'pp SOC1�1 ComC->�C Ntit u,n H ; n1C NI N O y�,Z.1m0 N N �00n C 14 1 'U Pony- 11 >$ gitAonil"cgAr 5q$'S i U a C n N C H U n! , ti rnn�n'.m 10 Ap ,,Eng xy o,w2 2 n o O >m� Pi Q, r� FZon p>p'o^ AL.C., 0 rnr^, '7., O u ,A., R No> i'+m Nm� nrn� �y � k O II $ pi oNu :IgNey pi; N N oy O ZbZ 8Zm A> N�' O O C A 2 A il n a m ..;:A.G.A E R P2612;.: ^off C ag O N oQi Cnp iA$ n i '!11 TC nS� A I o 0o H J V 6 OR 4591 PG 2869 EXHIBIT"F" LEGAL DESCRIPTION FOR INGRESS/EGRESS EASEMENT A portion of Tract 4, LELY RESORT PHASE ONE,according to the plat thereof as recorded in Nat Book 16, pages 87 through 99, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northerly most corner of Tract 4,LELY RESORT PHASE ONE,according to the plat thereof as recorded in Plat Book 16, Pages 87 through 99, of the Public Records of Collier County,Florida,the same being a point on the West right of way line of Triangle Boulevard (a 100 foot right of way); thence run the following two (2) courses along the boundary of said Tract 4; Course No. 1: South 35 deg.39'36"West,al.• • t right of way line,a distance of 450.05 feet to the POINT OF BEGINNING of the ,•rss ., ;.t_ ; cribed;Course No.2: continue South 35 deg.39'36" West, along said W• i()- of way line, • • ce of 60.00 feet; thence North 54 deg.20'24"West, a distance of 1.:.s. ' •et; thence South 80 de: 39' •"West, a distance of 21.46 feet; thence South 35 deg.39'36" W•st, • ••_•t, ce . eet; t` •ncc�.North 54 deg.26'12" West, a distance of 32.50 feet; thence o•h •e:.'_•' '. East . •ist._. • o 258.55 feet; thence South 54 deg.2024"East,a distance of •15. 1;T�a G 0 171 THE CIRC. *** OR 4591 PG 2870 *** tkman•4,0,6'A.MC...'n.t...R.w'....ra.2.124....„003..: a..a,•.A. r GH-O-Max)0 r 'mi WNW _J [1.i. 1 t i1/1 r 01, -11 4114 .1 Ps! H ) 1i xici NV b,r � i P.& 4 F4 �u g L.SI .901791 Al.ttOLfS N p ! . ( mmvomd a m 3.1,40LtS SF3 Xaumr' .PLi37C rF. uoa= Z2� '8" t vti 0 lV1 sal ' il i N 1 Csa Sig D CC b ve ogtb %P� _�E.- 1 2 1 0-1384 g0Agg IgV 9 trig "2 21 U . w `t.Zte J , 2$ I�>a n el �'i n s b O a Ds aN-�_ m9. m '�wJY 1�'.1m, lgo: P'4 A . 8grIeR Fi�.0,. EA��' Z O is Q7�t = °tF.!. ,„0 Ygilm'0 E. . IN.kat8 is '5s= NO y. ;`I tn, f'•n� N N O 2L . gA Mpa pY., g S 15i :Iii1i:Iii � i 6`1 8" iyt��^� '2k ',; .-e os ...I:; .ftkr m (� p88 NF� N$O"��InO� � n.p0. . Q1m WALDROP LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 EXISTING CONDITIONS PHOTOGRAPHS EXISTING CONDITIONS PHOTOGRAPHS *. • ■•� ,../. '"""" ..."".., Directory Sign Location 4 7. t _ � � 1 � w •'is P.- x • r Directory Sign Location x. :a= ,,, t. 111z..., TNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 26, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104,to consider: PETITION NO. PDI-PL20160001163 - STOCK DEVELOPMENT, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 92-15, THE LELY, A RESORT COMMUNITY PUD, TO AMEND SECTION XV, DEVIATIONS FROM THE LDC, BY DELETING ONE DEVIATION RELATING TO SIGNAGE, ADDING FOUR NEW DEVIATIONS RELATING TO SIGNAGE, AND ADDING NEW EXHIBITS RELATING TO THE DEVIATIONS. THESE CHANGES APPLY ONLY TO THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TAMIAMI TRAIL EAST AND TRIANGLE BOULEVARD, THE 9-ACRE TRACT DESIGNATED AS `C-2' ON THE SOUTHWEST CORNER OF COLLIER BOULEVARD AND GRAND LELY DRIVE, AND THE 2.32-ACRE TRACT DESIGNATED AS `C-2' ON THE NORTHWEST CORNER OF TRIANGLE BOULEVARD AND CELESTE DRIVE, AS DEPICTED ON THE EXHIBIT H MASTER PLAN. THE SUBJECT PUD PROPERTY CONSISTS OF 2,892± ACRES, LOCATED BETWEEN U.S. 41 AND RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST,AND SECTION 3,TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA. Rattlesnake j ammock RD 0 J PROJECT CO L LOCATIONS Q) 0 U -•i/T RY +: All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ND-1421754 January 6,2017 * -x * * C7 * z IC x g * 4: Q CA 44 • W4 x a U W • El W Z * 6‘,1 -X4 _ x k �. ** X �` w a F4:▪ W = 3 * w W : d N c 7 wH ZQz , , EC" W • �_ a O * I_ IL * O * L * } Z �} a * x I-1 w Cr • II- * a % o x * * ►� ✓ V O a * ° U\ V kn 0 F � WI"' I 'J v .41'; p z O a *• �_ (' M * Ca * 4' Elw \ u. a, 0. o x4,5• &0 * („ ,) , N . , 4:-,<4: -,t V - , a U. I� �g lc ' gl �' rO * W 4.) * w OCA 11,6 71- 1... ' I W W A '� " 3 3 g z 1 * * w z E- z 0-1 °q * . ao C7 a I d4.1 a z% U 0. -*x .v. ❑ U HEX 1 -26-2017 PDI—PL20160002759 Ann P. Jennejohn RACETRAC From: KulakPatricia <PatriciaKulak@colliergov.net> Sent: Tuesday, December 27, 2016 10:42 AM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet, Virginia; Rodriguez, Wanda;JohnsonEric Subject: Advertisement Request PL20160002759 HEX Attachments: 2x3 map.pdf; Ad Request.docx; Signed Ad Request.pdf Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 December 27, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 6, 2017,and furnish proof of publication to the attention of Eric Johnson, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section) FUND& COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 ( &LacL M'11, Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,on Thursday, January 26th,2017,in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. PDI-PL20160002759 — RACETRAC PETROLEUM, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 03-40,AS AMENDED,THE HERITAGE BAY PUD, TO AMEND SECTION I, LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION, BY ADDING THREE NEW SIGN DEVIATIONS FOR THE PARCEL DESCRIBED AS LOT 4, HERITAGE BAY COMMONS TRACT D REPLAT. THE SUBJECT PUD PROPERTY CONSISTS OF 2,562± ACRES, LOCATED ON THE NORTHEAST OF CORNER OF IMMOKALEE ROAD (C.R. 846) AND COLLIER BOULEVARD (C.R. 951), IN SECTIONS 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section,2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida LIVINGSTON RD C i LOGAN BLVD 0 r COLLIEmR BLVD 0 O mo0 0 23 m r 0CI > yo m —ml m 00 0 Z O m rn 7o a WILSON BLVD N r Ann P. Jennejohn From: Rodriguez, Wanda Sent: Tuesday, December 27, 2016 11:05 AM To: Minutes and Records Cc: KulakPatricia;JohnsonEric; Stone, Scott Subject: re:Advertisement Request PL20160002759 HEX Attachments: 2x3 map.pdf; Ad Request.docx; Signed Ad Request.pdf Please make the following change to the petition number given at the start of the title paragraph: PDI PL-20160002759 Otherwise it looks fine. "Wanda Rodriguez, ACT Advanced Certified ParaCegaf Office of the County Attorney (239)252-8400 From: KulakPatricia Sent: Tuesday, December 27, 2016 10:42 AM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; JohnsonEric Subject: Advertisement Request PL20160002759 HEX Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, December 27, 2016 11:16 AM To: 'KulakPatricia' Cc: Rodriguez,Wanda; Smith, Daniel;JohnsonEric (EricJohnson@colliergov.net) Subject: RE:Advertisement Request PL20160001380 & PDI-PL20160002759 HEX Hi Patty, I'll forward the proofs, for both of the HEX ads you just sevtt, for staff's fivtal approval a.s.a.p. Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustvvtevtt Board Collier Couvtty Board Mivtutes & Records Dept. 239-2.52-8406 Fax 239-252-8408 From: KulakPatricia [mailto:PatriciaKulak@colliergov.net] Sent:Tuesday, December 27, 2016 10:56 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin<ErinPage@colliergov.net>; Neet,Virginia<VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; Smith, Daniel <DanielSmith@colliergov.net> Subject:Advertisement Request PL20160001380 HEX Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Please also note this can be advertised in the legal ad section of the news paper as it does not require a 2x3 map. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Account #076397 Corporate Reference #507876 December 27, 2016 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PDI-PL20160002759, Display Notice w/Map Dear Legals, Please advertise the above referenced notice w/MAP on Friday, January 6, 2017 and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500172052 December 27, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 6, 2017, and furnish proof of publication to the attention of the Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,January 26th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: PETITION NO. PDI-PL20160002759 — RACETRAC PETROLEUM, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 03-40,AS AMENDED,THE HERITAGE BAY PUD, TO AMEND SECTION I, LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION, BY ADDING THREE NEW SIGN DEVIATIONS FOR THE PARCEL DESCRIBED AS LOT 4, HERITAGE BAY COMMONS TRACT D REPLAT. THE SUBJECT PUD PROPERTY CONSISTS OF 2,562± ACRES, LOCATED ON THE NORTHEAST OF CORNER OF IMMOKALEE ROAD (C.R. 846) AND COLLIER BOULEVARD (C.R. 951), IN SECTIONS 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section,2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida LIVINGSTON RD 11111111111111 ,i, , LOGAN BLVD rm 1 M COLLIER BLVD O 0 C/ 73> o _ m mimK n 00 Z .' 0 o rn rn a WILSON BLVD N _0- Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, December 27, 2016 12:06 PM To: Naples Daily News Legals Subject: PDI-PL20160002759 (Display w/Map) Attachments: PDI-PL20160002759.doc; PDI-PL20160002759.docx; PDI-20160002759.pdf Please advertise the attached notice (W/Map) on Friday, January 6, 2017. Thank you! Avtn Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustvvtent Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 Ann P. Jennejohn From: Gori,Ivonne <Ivonne.Gori@naplesnews.com> Sent: Thursday, December 29, 2016 8:27 AM To: Ann P.Jennejohn Subject: FW: 1419150 Attachments: ND-1419150.pdf Please find attached a proof for your review and approval. Thanks! NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,January 26th,2017,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. PDI-PL20160002759 — RACETRAC PETROLEUM, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 03-40, AS AMENDED, THE HERITAGE BAY PUD, TO AMEND SECTION I, LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION, BY ADDING THREE NEW SIGN DEVIATIONS FOR THE PARCEL DESCRIBED AS LOT 4, HERITAGE BAY COMMONS TRACT D REPLAT. THE SUBJECT PUD PROPERTY CONSISTS OF 2,562± ACRES, LOCATED ON THE NORTHEAST OF CORNER OF IMMOKALEE ROAD(C.R.846)AND COLLIER BOULEVARD(C.R. 951), IN SECTIONS 13, 14, 23, AND 24,TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA. LEE COUNTY (COLLIER COUNTY \ I-954. _. IMMOKALEE RD O ' z PROJECT 51 LOCATION Z 0s 8 o in m u, , 3 <__. o GOLDEN GATE BLVD W . e, O O All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida January 6,2017 ND•1419150 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 12/28/2016 4:20 PM SALES PERSON: Ivonne Gori PROOF DUE:- I PUBLICATION:ND-DAILY NEXT RUN DATE:01/06/17 ND-1419150.INDD SIZE:3 col X 9.25 in Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, December 29, 2016 9:37 AM To: Rodriguez, Wanda;JohnsonEric (EricJohnson@colliergov.net); 'KulakPatricia' Subject: HEX Petition PDI-PL20160002759 (1-26-2017 HEX) Attachments: ND-1419150.pdf Good Morning, The proof for HEX Petition P171-PL20160002759, that will be published Friday, January 6, 2017 for a January 26, 201-7 HEX Hearing, is attached for your review and final approval. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent:Thursday, December 29, 2016 8:27 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: 1419150 Please find attached a proof for your review and approval. Thanks! 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, December 29, 2016 9:39 AM To: Ann P.Jennejohn Cc: JohnsonEric; KulakPatricia Subject: RE: HEX Petition PDI-PL20160002759 (1-26-2017 HEX) Looks good here, thanks! Wanda Rodriguez, ACT Advanced Certified ParaCega( Office of the County Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Thursday, December 29, 2016 9:37 AM To: RodriguezWanda; JohnsonEric; KulakPatricia Subject: HEX Petition PDI-PL20160002759 (1-26-2017 HEX) Good Morning, The proof for HEX Petition PPI-PL20160002759, that will be published Friday, January 6, 201-7 For a January 26, 201-7 HEX Hearing, is attached for your review and final approval. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent:Thursday, December 29, 2016 8:27 AM To:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Subject: FW: 1419150 Please find attached a proof for your review and approval. Thanks! 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, December 29, 2016 9:54 AM To: 'Gori,Ivonne' Subject: RE: 1419150 Looks great Ivonne, please publish Friday, January 6, 201-7. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From:Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent:Thursday, December 29, 2016 8:27 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: 1419150 Please find attached a proof for your review and approval. Thanks! Ann P. Jennejohn From: Johnson Eric <EricJohnson@colliergov.net> Sent: Tuesday, January 03, 2017 4:49 PM To: Ann P.Jennejohn; Rodriguez,Wanda; KulakPatricia Subject: RE: HEX Petition PDI-PL20160002759 (1-26-2017 HEX) Looks good to me! Thank you. Respectfully, Eric L. Johnson,AICP, CFM, LEED Green Associate Principal Planner From:Ann P.Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent:Thursday, December 29, 2016 9:37 AM To: RodriguezWanda <WandaRodriguez@colliergov.net>;JohnsonEric<Ericlohnson@colliergov.net>; KulakPatricia <PatriciaKulak@colliergov.net> Subject: HEX Petition PDI-PL20160002759 (1-26-2017 HEX) Good Morning, The proof for HEX Petition PDI-PL2O16OOO2759, that will be published Friday, January 6, 201-7 for a January 26, 2.01-7 HEX Hearivtg, is attached for your review and final approval. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com] Sent:Thursday, December 29, 2016 8:27 AM To:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Subject: FW: 1419150 Please find attached a proof for your review and approval. Thanks! 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,January 26th,2017,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. PDI-PL20160002759 - RACETRAC PETROLEUM, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 03-40, AS AMENDED, THE HERITAGE BAY PUD, TO AMEND SECTION I, LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION, BY ADDING THREE NEW SIGN DEVIATIONS FOR THE PARCEL DESCRIBED AS LOT 4, HERITAGE BAY COMMONS TRACT D REPLAT. THE SUBJECT PUD PROPERTY CONSISTS OF 2,562± ACRES, LOCATED ON THE NORTHEAST OF CORNER OF IMMOKALEE ROAD(C.R. 846)AND COLLIER BOULEVARD (C.R. 951), IN SECTIONS 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LEE COUNTY 1 COWER COUNTY N., 1) 1-75 IMMOKALEE RD —z z PROJECT LOCATION m l z J O m O QI W �j o GOLDEN GATE BLVD W M _ O O O All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ND-1419150 January 6,2017 ,.4,, I:\apLra Battu rwø 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.# COLLIER COUNTY HEX 1419150 NOTICE OF PUBLIC HEA 45-172052 Pub Dates January 6,2017 QAfr-;4a C/�1'n�/ (Sign ure of affiant) Sworn to and subscribed before me 4 ,.'0%'o;•,,, IVONNE GOBI 0 This January 1 ,2017 I • .,`�: Notary Public-State of Florsda 0 •01•= Commission *FF 900010 e:= My Comm.Expires Jul 16,2019 / • ( ..�.. Bonded through National Notary Assn. 101/11k-E., 'i . (Signatur of affiant) ' 18A Friday,January 6,2017 Naples Daily News - NOTICE OF INTENT TO CONSIDER ORDINANCE ' NOTICE OF LAND DEVELOPMENT CODE CHANGE ..-. a Notice is hereby given that on Monday,January 30,2017 in the Board of County ` f Commissioner's Meeting Room,3rd Floor,Building"F,"Collier County Government P.. Center,3299 Tamiami Trail East,Naples,Florida 34112,the Collier County Planning ;, Commission,sitting as the local planning agency and as the Environmental Advisory • Council,will consider amendments to the Collier County Land Development Code.The i meeting will commence at 5:05 p.m.The title of the proposed ordinance is as follows: i CHICAGO POLICE DEPARTMENT VIA AP AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER Police charged,from left,Tesfaye Cooper,Brittany Covington,Tanishia Covington and Jordan Hill. COUNTY, FLORIDA,AMENDING ORDINANCE NUMBER 04-41,AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE Teenagers accused ofR LNILPI LAND RI ULAT REGULATIONS FOINGFOROr: NO THE UNINCORPORATED AREA OF O N R E A SECTION TWO,FINDINGS OF FACT;SECTION THREE,ADOPTION OFAMEND ENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING THE FOLLOWING:CHAPTER TWO-ZONING DISTRICTS AND USES, INCLUDING hate crimes in beating OPEN ON SP CEZON NG DISTRICTS;CHAPTER THREEI RESOURCE PROTECTIORICTS,SECTION N, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS,CHAPTER FIVE- Online video of 4 black which did not appear to have any conned- SUPPLEMENTAL STANDARDS,ADDING SECTION 5.05.15 CONVERSION OF GOLF tion to the video. COURSES;CHAPTER SIX-INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE teens'attack on white Facebook has confirmed that it re- PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER moved the original video from one of the MANAGEMENT REQUIREMENTS, ADDING SECTION 6.05.03 STORMWATER student sparks outrage suspect's Facebook profiles."We do not PLANS FOR SINGLE-FAMILY DWELLING UNITS,TWO-FAMILY DWELLING UNITS, allow peoplepteto celebrate or glorify AND DUPLEXES; CHAPTER TEN -APPLICATION, REVIEW, AND DECISION- ANDANDG ESAN IE E thcre originalrs on vide Facebook and have removed MAKING PROCEDURES,INCLUDING SECTION 10.03.06 PUBLIC NOTICE AND MELANIE EVERSLEY the many for this csst ooFagh, REQUIRED HEARINGS FOR LAND USE PETITIONS;SECTION FOUR,CONFLICT USA TODAY book said."In instances,tthough, when people share this type of content, AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND Four black teens were charged with they are doing so to condemn violence or DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. hate crimes and other felonies Thursday raise awareness about it.In that case,the �� in Chicago in connection with the apper- video would be allowed." ent torture and taunting of a white special The video includes raw language.At ,, ,„a, needs student in a video that was posted one point,as the victim-who appears to live on Facebook,prosecutors said. be white-crouches against a wall with If! __. The Cook County prosecutor's office his wrists bound and his mouth taped in: charged Tesfaye Cooper,18,BrittanyCo- shut,someone is heard shoutingnl� vington,18,and Tanishia Covington,24,all ties about hump and white people. " ". I of Chicago,and Jordan Hi11,18,of Carper- Police said the victim,who is believed tersville,Illinois,with aggravated kidnap- to be from a Chicago suburb,was in stable 1tNI . ping,hate crime,aggravated unlawful re- condition.Chicago Police Superintendent straint,aggravated battery with a deadly Eddie Johnson said Wednesday that the .e,-- _ weapon and residential burglary victim has"mental health challenges." Hill was also charged with robbery and Police say it is too soon to make a deter- All interested parties are invited to appear and be heard.Copies of the proposed possession of a stolen motor vehicle. mination whether the attack was racially amendments are available for public inspection in the Zoning and Land Development The four were expected to appear in motivated.Many social media users,how- Review Section,Growth Management Department,2800 N.Horseshoe Drive,Naples, court Friday. ever,likened the incident to a hate crime The half-hour video,which exploded and said race was the motivating factor. Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. on social media Wednesday,appears to Herring did not immediately respond tea Furthermore,materials will be made available for inspection at the Collier County Clerk's show at least one black man torturing and message sent to her via Facebook Office,Fourth Floor,Suite 401,Collier County Government Center,East Naples,one taunting the 18-year-old white man and Chicago police spokesman Anthony week prior to the scheduled hearing. making disparaging remarks about Presi- Guglielmi told the Associated Press on If you area person with a disability who needs any accommodation in order to participate dent-elect Donald Trump.The alleged as- Thursday that police don't believe the vic- m this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. saults were carried out over a two-day pe- tim was targeted because he was white. Please contact the Collier County Facilities Management Division,at 3335 Tamiami Trail rind,apparently Sunday and Monday. Heacknowledgedthe suspectsmadeter- East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the The video was initially posted via Face- rible racist statements"during the as- meeting.Assisted listening devices for the hearing impaired are available in the Board of book Live under the account of someone sault,but that investigators believe the County Commissioner's Office. named Brittany Herring and spread victim was targeted because he has"spe- quickly through Twitter under the hash- cial needs,"not because of his race. Collier County Planning Commission tag#BLMKidnapping. Guglielmi said it's possible the sus- Mark Strain,Chairman BLM is an apparent reference to the pects were trying to extort something social justice group Black Lives Matter, from the victim's family. January 6,2017 ND-1426839 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 900 AM.,on Thursday,January 26,2017,in the Hearing Examiner(HEX)at9:OOA.M.,on Thursday,January26th,2017,in the Hearing Examiner's Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 659/610,Naples,FL Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to • 34104,to consider: consider: PETITION NO. PDI-PL20160001163-STOCK DEVELOPMENT, LLC REQUESTS PETITION NO.PDI-PL20160002759-RACETRAC PETROLEUM,INC.REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO.92-15,THE LELY,A RESORT AN INSUBSTANTIAL CHANGE TO ORDINANCE NO.03-40,AS AMENDED,THE COMMUNITY PUD, TO AMEND SECTION XV, DEVIATIONS FROM THE LDC, HERITAGE BAY PUD,TO AMEND SECTION I,LEGAL DESCRIPTION,PROPERTY • BY DELETING ONE DEVIATION RELATING TO SIGNAGE,ADDING FOUR NEW OWNERSHIP AND GENERAL DESCRIPTION, BY ADDING THREE NEW SIGN DEVIATIONS RELATING TO SIGNAGE,AND ADDING NEW EXHIBITS RELATING DEVIATIONS FOR THE PARCEL DESCRIBED AS LOT 4,HERITAGE BAY COMMONS I TO THE DEVIATIONS.THESE CHANGES APPLY ONLY TO THE 9-ACRE TRACT TRACT D REPLAT.THE SUBJECT PUD PROPERTY CONSISTS OF 2,562*ACRES, DESIGNATED AS'C-2'ON THE NORTHWEST CORNER OF TAMIAMI TRAIL EAST LOCATED ON THE NORTHEAST OF CORNER OF IMMOKALEE ROAD(C.R.846)AND AND TRIANGLE BOULEVARD,THE 9-ACRE TRACT DESIGNATED AS'C-2'ON THE COLLIER BOULEVARD(C.R.951),IN SECTIONS 13,14,23,AND 24,TOWNSHIP 48 SOUTHWEST CORNER OF COLLIER BOULEVARD AND GRAND LELY DRIVE,AND SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. THE 2.32-ACRE TRACT DESIGNATED AS'C-2'ON THE NORTHWEST CORNER OF TRIANGLE BOULEVARD AND CELESTE DRIVE,AS DEPICTED ON THE EXHIBIT H MASTER PLAN.THE SUBJECT PUD PROPERTY CONSISTS OF 2,892*ACRES, r LOCATED BETWEEN U.S.41 AND RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. Lee COUNT I coulER COUNTY IN SECTIONS 21,22,27,28,33 AND 34,TOWNSHIP 50 SOUTH,RANGE 26 EAST,AND SECTION 3,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA s -- MMORALEE RD '�_x\ Rattlesnake-Hammock RD JecT 0t 0 wean.. a PROJECT Op ctF, LOCATIONS `y GOLDEN LATE ewow �' T a„,. ant' T All interested parties are invited to appear and be heard. All materials used in R4 .4, presentation before the Hearing Examiner will become a permanent part of the record. All interested parties are invited to appear and be heard. All materials used in Copies of staff report are available one week prior to the hearing. The file can be presentation before the Hearing Examiner will become a permanent part of the record. reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division. The Hearing Examiner's decision becomes final on the date rendered. If a person Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. decides to appeal any decision made by the Collier County Hearing Examiner with The Hearing Examinees decision becomes final on the date rendered. If a person respect to any matter considered at such meeting or hearing,he will need a record of decides to appeal any decision made by the Collier County Hearing Examiner with that proceeding,and for such purpose he may need to ensure that a verbatim record respect to any matter considered at such meeting or hearing,he will need a record of of the proceedings is made,which record includes the testimony and evidence upon that proceeding,and for such purpose he may need to ensure that a verbatim record which the appeal is to be based. of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to 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 you a this no with certain assistance. Please contact the Collier County Facilities Management Division , participate p g,you are entitled,at no cost to you,to the provision of located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- certain assistance.Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. 8380,at least two days prior to the meeting. Mark Strain, , Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida January8,POT RATTrsa ,January 6.2017 N6TB1rmse HEX NO. 2017—02 HEARING EXAMINER DECISION PETITION NO. PDI-PL20160002759 — Racetrac Petroleum, Inc. requests an insubstantial change to Ordinance No. 03-40, as amended, the Heritage Bay PUD, to amend Section I, Legal Description, Property Ownership and General Description, by adding three new sign deviations for the parcel described as Lot 4, Heritage Bay Commons Tract D Replat. The subject PUD property consists of 2,562± acres, located on the northeast of corner of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951), in Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida. DATE OF HEARING: January 26, 2017 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. ANALYSIS: At the Neighborhood Informational Meeting (NIM) for a separate previous application, the deviations for this application were included within a group of other site related deviations for this property. The NIM was well attended by the public. No opposition to the sign requests was noted but questions were raised about other issues (lighting, buffers, and traffic). The applicant withdrew the sign deviations from the previous separate application and has resubmitted with changes as part of the current application. The changes involve "Deviation J" for the monument sign. Originally this was requested to allow 118 square feet and twelve feet in height. This current application reduced the square footage request to 100 square feet and retained the twelve foot height. The applicant has further reduced the deviation request to 80 square feet and nine feet in height as expressed in the attached Exhibits B & C. Prior to the discussion of this item, one member of the public who had been in attendance and left before this item was discussed, left a hand written note in general objection to larger signage. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20160002759, filed by John T. Wojdak of DeLisi Fitzgerald, Inc., representing RaceTrac Petroleum, Inc., with respect to the property as described in Exhibit "A", for insubstantial changes relating to signage, by adding three new deviations relating to signage. Said changes are fully described in the Heritage Bay PUD Amendment and Site Plan attached as Exhibit "B", and are subject to the condition(s) set forth below. [16-CPS-01613/1316588/1]29 1 of2 ATTACHMENTS: Exhibit A—Legal Description Exhibit B —PUD Amendment and Site Plan Exhibit C—Sign Detail LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., 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. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Z - 4, -- I 1 /kJ 0 ii Date M. I Strain, Hearing Examiner Approved as form and legality: ., Scott A. Stone Assistant County Attorney [16-CPS-01613/1316588/1]29 2 of2 OR 5266 PG 1810 Exhibit"A" Legal Description of the Property LOT 4, HERITAGE BAY COMMONS-TRACT D REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 58, PAGES 2-5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, 1 FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT D, HERITAGE BAY COMMONS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 4, HERITAGE BAY COMMONS-TRACT D REPLAT; THENCE N.89°58'23"W., ALONG THE SOUTH LINE OF SAID PLATS, FOR A DISTANCE OF 277.72 FEET; THENCE N.00°01'36"E., ALONG THE WEST LINE OF SAID LOT 4, FOR A DISTANCE OF 234.56 FEET; THENCE N.90°00'00"E., ALONG THE NORTH LINE OF SAID LOT 4, FOR A DISTANCE OF 310.66 FEET TO THE WESTERLY RIGHT OF WAY OF BELLAIRE BAY DRIVE, A VARIABL~ -W RIGHT OF WAY; THENCE S.45°28'37"E., ALONG SAID WESTERLY RIGHT OF ,► VbA `• ,_ OF 11.82 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAV AiO#AI�US�TF' ; ! , 'EE,E�T; THENCE CONTINUE ALONG SAID RIGHT OF WAY AND ALO e • 4 CURVE THROU - ` "kNTRAL ANGLE OF 87°25'52", A CHORD BEARING OF S.01°45'5 E.,,A HQ LENGTH OF 1 "r.21 FEET AND AN ARC LENGTH OF 152.59 FEET TO A POINT OF R VERS G.UR rO T14E, EFT •VING A RADIUS OF 200.00 FEET; THENCE CONTINUE ALONG/ SD RI HT\.•` AY A D AL•NG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°09'46", • .1R� t +' ` '2'1 "W., A CHORD LENGTH OF 83.69 FEET AND AN ARC LE G iF 8. . E ` • c 'sF COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 41.y 4 4 ' J : a».NTI U A 3NG SAID RIGHT OF WAY AND ALONG SAID CURVE THRO c A CEN 'i"•L 1 a-E 6- 16 " A CHORD BEARING OF S.14°28'41"W., A CHORD LEN t- +` •F 16.20 FEET AND, •N R L1NGTH OF 16.21 FEET TO THE � POINT OF BEGINNING. ,, Y . I Or.' PARCEL CONTAINS 75,703 SQUA- ( -1 74 ACRES R LESS 2'1 I V—C SECTION I, ENTITLED LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 03-04,AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.11 THE FOLLOWING DEVIATIONS FROM THE LAND DEVELOPMENT CODE ARE APPROVED FOR THE PARCEL IN THE AC DISTRICT DESCRIBED AS LOT 4, HERITAGE BAY COMMONS TRACT D REPLAT ONLY * * * * * * * * H. From Section 5.05.05.C.4.b. which limits facilities with fuel pumps to one (1) illuminated corporate logo with a maximum area of twelve (12) square feet on a canopy face which is adjacent to a dedicated street or highway, to instead allow one fifty (50) square foot corporate logo on the canopy facade facing the Immokalee Canal right-of-way and two (2) - thirty (30) square foot corporate logos, one (1) on the facade facing Bellaire Bay Drive and one (1) on the vacant commercial parcel to the west. I. From Section 5.05.05.C.4.b. which limits facilities with fuel pumps to placing an illuminated corporate logo on a canopy face which is adjacent to a dedicated street or highway, to instead allow one (1) illuminated corporate logo on the west canopy facade facing the vacant commercial outparcel to the west. The one (1) illuminated corporate logo on the west canopy facade is in addition to the Code allowed illuminated corporate logo on a canopy face adjacent to a dedicated street or highway. J. From Section 5.05.05.C.4.c which limits facilities with fuel pumps to one ground sign with a maximum area of 60 square feet and maximum height of less than 8 feet above grade, to instead allow an 80 square foot ground sign with a height of 9 feet above grade as measured from the highest point of the adjacent landscape berm to the top of the sign. The height of the berm in the area of the sign base shall not exceed a height of 36"above the adjacent vehicular use area pavement elevations. Exhibit "B" Page 1 of 2 Words underlined are added,words struck thru are deleted. \\ \\ WE X iE Lora \ �� 's._ • --41- S EX.WATER MAIN TRACT W-1 000((\•� bFe �-` __ J `‘ A x \' EX.DRAIANGE EX.FORCE MAIN9• .y= PEDESTRIAN (TYP.) ,/ ':f /q% ACCESS(TYP.) N^„, , G T ,fi, \ ,, Ni? ,, SAGE AVENUE EX.GRAVITY SEWER Th.i. n PROPERTY $b'RIGHT-OF-WAY(PRIVATE) 310,7 t " BOUNDARY ',1 ---`` _w. -a she a ..es,:1.... -- ',II'r r®®®®`a®o—®�au ea�—r�a ower.os mt ae v*a w4 r � ,./ `. 3 I 25'TYPED' 25 SETBACK 1 � ' s' BUFFER 1 25' # TYPED' ; �� BUFFER ' PROPERTYII* ' \ BOUNDARY z RACETRAC o MARKET ow am 2 \\ W ce 8E1— a c I LLU a a I D O DUMPSTER FP ` 2 I #?'''''''.." ww LOCATION ��►mmmmmmmm{,..o..�--- �� / I( =��as.�aa a IX ,�a se rm. IrrI to � 4 PARKING PARKING ft~'.. - pea Ts'�sat..w, ';r CI �z LOT PEDESTRIAN �/r LOT3 5 ACCESSi '5 — (TV') r `l: . / TRACT L-3 cc I CANOPY, n 1 // �°S`r ` PROPOSED L\20SETBACK ��/ EXISTING!% ACCESS TO I / BELLAIRE BAY -L SIDEWALK ; DRIVE R.O.W. PERMIT WILL BE 50'SETBACK REQUIRED AT THE TIME OF SDP 15'ENHANCED A MONUMENT SIGN—�,- %•../7' I', '! I% NEW DRIVEWAY _ TYPE'D'BUFFER - _ _ CONNECTION__ —i t mmmmm EXISTING PEDESTRIAN TRAIL ._. 277.7' ,__r PROPERTY 100'CANAL RIGHT-OF-WAY BOUNDARY F- 1 I rtl ', % -- -- -- -- -- --r %--- - — -- 1�• IMMOKALEE ROAD 100'RIGHT-OF-WAY(PUBLIC) OWNER/DEVELOPER: 1/ t S;7 ! ffiej RACETRAC PETROLEUM,INC- DELISI FITZGERALD, INC, 3210, 6AID39BLVD.SUITE100 CONCEPT PLAN (770)431.7E00 Planning Engineering-Project Management PROJECT: Project Number 21352 1605 Hendry Street . 23 Fort.Myers,FL 33901 ' Ce 239-418 0691•239418 0692.fax Part of Section(s)Township: 48 S I Range: 26 E Florida Certificate of Authoroaiion: BELLAIRE BAY County,State. COLLIER COUNTY,FL Enyineenng LB ii 26978 (EPN#1166 - STORE#2439) l Sheet Number: 1 of 31 Exhibit"B" - Page 2 of 2 o c c ° cm L5 Ch iN (VO c N0C, N RS N a N m > 3 c .N N N a _ el 1E,c o m aN-6 CU t o C2 3)to Q ca -5 -O Np ac W yYU '� 0) -R f0 a U O,,,, E _812 -. .a. 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U w V W J 1 Z V I— Q E a. Q . O,� C O o p x O_ 0 = U c Q Ce O iioaos.8) �oaos.8) _ O (6 r- - r O CCIZ fl O I— .Q W . Oal a1 °.ycm 2vc Z o ce w re W N N U W U s c p d N J as W V(13 tl l3Sa1Q su. iNn rL Q P M LL Cill if. in 0 Ole u5- Iu ai tt% Z \:,,,.._' , 0 rin --.-, ;4 'Ci) — (13 d 1 Q p > CI • m • O elf/ -(7) W06CO Z O V:-; -0 occI Cn 2 2 N O NLLI CC0– 2 p O �' - 8 1,'"4...t..11. oaos 28 ' L - r) O J Z G %I.-z ..oi. .CT82 V - M N LL E < `" t)s d • o Y W Z (-) L p O N O Q ' o-s Z E 4 .0�/�ID U LL LTJ I� L V 0) W p J H I� .o-s I CZ u) Ce� QFI ics oo � Exhibit "C" �, ° Z AGENDA ITEM 4-B Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 26, 2017 SUBJECT: PETITION NO.: PDI-PL20160002759 HERITAGE BAY PUD OWNER/APPLICANT: AGENT: RaceTrac Petroleum, Inc. John T. Wojdak, P.E. 3225 Cumberland Blvd. Suite 100 DeLisi Fitzgerald, Inc. Atlanta, GA 30339 1605 Hendry Street Ft. Myers, FL 33901 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial change to the Heritage Bay Planned Unit Development (PUD) by adding three (3) new sign deviations for the parcel described as Lot 4, Heritage Bay Commons Tract D Replat. GEOGRAPHIC LOCATION: Heritage Bay PUD consists of 2,562±acres,located on the northeast of corner of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951) in Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida. RaceTrac will be located approximately 2,150 feet east of Collier Boulevard Extension and is further depicted on Exhibit E-1 (see location map on page 2) PDI-PL20160002759 Heritage Bay PUD Page 1 of 11 January 12,2017 ill gnIldi::11111 Ell liW". � III '1k in I 0 INWAI ' --it 17:4"1"","1-7,- III v - /l.- •t . i _ 11E11 I j 3 1f P IIILCI■AO Ca- Jco I , r � IL ./1 ,,„,,,,„ ...":, :....;_,-:•. ...mig=, viral 1 / t. ...r.... .., ..,_ .,,m.,.... __-. MI in CM t4it Itio: ;'''-' , Air 11 \1111111 ' , . / . ligr• ,_ , .,,,,, . . :i ,,, K4 440' iiii . ". -Ir - i• 1 � „ SN: ;� � icijiMir LO 1-f -1---77-e, )10":"915' 111.1111111: , ,, -4,..4 IIII S. '......: ::1,11\20,1,/,,,,,,,,,,,,41„:1_eijr, 1111,-,1117.....,:t!,‘Pli:31,7-7........7,..i.,:-.."-:,',';,9111111-.411:11::: :::.:Iii 1- Fill.:; MlIlhilp N CO N a_ CD .a E Z c o o :4:::J N� m CL a) N (7 L.i./1 C CO o C ° G C6 Oa) W I C �• ao Cg 0 E CD aA18 J9!1O0 0 0 J — o Ix D: rn CDs -1:3 � o > a =_ n' Logan BLVD N r S ante ue6o1 PURPOSE AND DESCRIPTION OF PROJECT: In 2015, the applicant submitted an application(PDI-PL20150001083)requesting an insubstantial change to the Heritage Bay PUD. The district commissioner from the Board of County Commissioners expressed a desire to elevate the level of review for this petition to the Collier County Planning Commission (CCPC) instead of it being reviewed by the Hearing Examiner (HEX). When the CCPC reviewed the petition at their April 21, 2016 hearing, the changes included ten new(10)deviations,three (3) of which, involved project signage(i.e., Deviations#5, #6, and#9). They were summarized as follows: Deviations Associated with PDI-PL20150001083 Staff Recommendation Deviation#5 • One (1) logo, fifty(50) square feet Approval (Canopy Sign Area) • Two (2) logos, thirty (30) square feet Deviation#6 • One(1) illuminated corporate logo Approval (Number of Canopy Signs) on west facade Deviation#9 • One (1) ground sign, 118 square Approval (Monument Sign Area) feet and twelve (12) feet in height At the hearing, the CCPC approved seven (7) deviations via Resolution 16-01, but the above deviations were withdrawn and not adopted. This petition(PDI-PL20160002759),however, seeks to reintroduce the aforementioned three (3) deviations with the exception that the monument sign area in connection with Deviation#9 would now be 100 square feet as opposed to 118 square feet as proposed in PDI-PL20150001083. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property (Lot 4): North: Right-of-way for Sage Avenue, then farther north is Lots 8 and Tract W- 1, all of which zoned Heritage Bay PUD East: Right-of-way for Bellaire Bay Drive,then farther east is lake management area, all of which zoned Heritage Bay PUD South: Canal,then farther south is right-of-way for Immokalee Road West: Undeveloped Lot 3, zoned Heritage Bay PUD (see Aerial on page 4) PDI-PL20160002759 Heritage Bay PUD Page 3 of 11 January 12,2017 __ _ riERITCfF t • 1 w , iiv SUBJECT `&g. . PROPERTY «k Ilms'. i .i�r B„, 11134 ..V P ..„...,...ht.„. fin.•ia t ”` me^ n - — ' ..,:,,:'s t- IL '''.. lit , r b __ NIN ::.Ir r�..,I..,P R-� _me r_ 4 r .• Aerial(County GIS) ANALYSIS: Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the Heritage Bay PUD, it is consistent with the Future Land Use Element (FLUE) of the GMP. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents. Signs are not addressed in the Conservation and Coastal Management Element (CCME); therefore, there is no issue with consistency. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD Documents. Signs are not addressed in the Transportation Element; therefore, there is no issue with consistency. PDI-PL20160002759 Heritage Bay PUD Page 4 of 11 January 12,2017 Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five(5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No,the proposed amendment is to add deviations related to project signage. There would be no increase to the size of areas used for non-residential uses and no relocation of non- residential uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers, which were not anticipated when the principal uses were originally adopted. PDI-PL20160002759 Heritage Bay PUD Page 5 of 11 January 12,2017 g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Staff from Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and transportation planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact(DRI)and approved pursuant to Chapter 380.06,Florida Statues,where such change requires a determination and public hearing by Collier County pursuant to Sec.380.06(19),F.S. Any change that meets the criterion of Sec.380.06(19)(e)2.,F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Due to the limited nature of this request, a determination and public hearing under F.S. 380.06(19) will not be required. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed change is not deemed to be substantial. PDI-PL20160002759 Heritage Bay PUD Page 6 of 11 January 12,2017 Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? (Rezone Findings are attached to this Staff Report as Exhibit"A".) No, the proposed changes do not affect the original analysis and fmdings for the original application(see Attachment 3 —Executive Summary and Memorandum for PUDZ-02-AR- 2841). DEVIATION DISCUSSION: This PUD was approved with three (3) deviations pursuant to Ordinance 10-24 and another seven (7) pursuant to CCPC Resolution 16-01. The petitioner is now seeking to add three (3) new deviations, which are itemized in Section 1.11 of the proposed PUD Document(see Attachment 1 — Proposed PUD Document). These new deviations would only apply to the area depicted as "affected area" as shown on Exhibit E-1, which will be attached to the PUD as part of this amendment. The affected area is located within an Activity Center of the PUD. The petitioner's justification and staff analysis/recommendation for each deviation is as follows: Deviation Request#1 for Size of Each Canopy Sign -See proposed change to Section 1.11.H of the PUD Document -Labeled#10 on the Concept Plan Collier County LDC Section 5.05.05.C.4.b., which limits Facilities with Fuel Pumps to one (1) illuminated corporate logo with a maximum area of twelve(12)square feet on a canopy face which is adjacent to a dedicated street or highway,to instead allow one(1)fifty(50)square foot corporate logo on the canopy façade facing the Immokalee Canal right-of-way and two(2)thirty(30)square foot corporate logos, one (1) on the façade facing Bellaire Bay Drive and one (1) on the façade facing the vacant commercial parcel to the west. Petitioner's Rationale: "RaceTrac Petroleum, Inc. does not have a corporate logo similar to some other corporate gas station companies. The corporate logo for RaceTrac is their name and by limiting their logo to the allowed twelve (12) square feet results in an 8.4 foot wide sign with 1.4 foot high letters. With their letter size reduced the sign would be difficult to read on the canopy and possibly unrecognizable. The requested canopy signs are shown in the enclosed Sign Package. In addition, RaceTrac wishes to have a recognizable appearance in Collier County. This recognition is important for motorists traveling on Immokalee Road who wish to enter the RaceTrac. The signage needs to be recognizable from a distance so drivers can safely maneuver as needed to enter the Project. Immokalee Road, located on the south side of the Immokalee canal, is a 6-lane divided arterial with a 50 MPH posted speed. At this speed,vehicles travel over 80 feet per second. Allowing the drivers to recognize the destination in time to safely maneuver to the needed turning movements is a critical element of the canopy signage. PD1-PL20160002759 Heritage Bay PUD Page 7 of 11 January 12,2017 The enclosed Canopy Sign Legibility Exhibit illustrates the typical viewer reaction distance and sign legibility distance for motorists. There are no negative impacts anticipated as a result of this request." Staff Analysis and Recommendation: Zoning Services staff evaluated this deviation by itemizing its three(3) separate components: 1) south corporate logo: fifty(50) square feet; 2)east corporate logo: thirty(30) square feet; and 3)west corporate logo: thirty(30) square feet. It should be noted that the proposed west corporate logo can only be allowed if Deviation #2 is approved. The Concept Plan shows the canal right-of-way (south of the subject property) is one- hundred (100) feet in width. The pavement of the travel lanes within Immokalee Road is located even farther away from the subject property. This distance between the subject property and the travel lanes of Immokalee Road represents a sizable separation, which the sign code does not contemplate. As such,there is justification to warrant the petitioner's desire for requesting a larger sign. With respect to a similar type of petition, in March of 2015,the Hearing Examiner reviewed PDI application(PDI-PL20140000859)for RaceTrac Petroleum, Inc. for a property located at the southwest corner of the intersection of Collier Boulevard and Rattlesnake Hammock Road. This PDI application requested, among others, a deviation to allow one (1) illuminated corporate logo on the canopy face, which was not adjacent to a dedicated street or highway. Zoning Review staff recommended approval but could not determine potential/future conflicts with the adjacent parcel because like this petition, the adjacent parcel was undeveloped. If Deviation #2 for the subject petition is approved, which would allow an additional illuminated corporate logo on the west canopy façade facing the vacant Lot 3, Zoning Services staff recommends APPROVAL of this deviation based on the above analysis and the applicant's justification. It should be noted that in May of 2015, a sign variance (SV-PL20150000086) for RaceTrac, located at the southeast corner of Tamiami Trail East and Barefoot-Williams Road intersection was approved for three (3) canopy signs as well. The sizes of these signs were as follows: fifty (50) square feet on the canopy façade facing Tamiami Trail East; thirty-seven(37) square feet on the façade facing Barefoot-Williams Road; and thirty-seven (37) square feet on the facade facing a vacant commercial parcel which was located on the east side of the fuel canopy and not adjacent to a dedicated street. However, sign variances are unlike deviations in that they are reviewed under a separate and distinctly different set of evaluation criteria. Deviation Request#2 for Extra Canopy Sign -See proposed change to Section 1.11.1. of the PUD Document -Labeled#11 on the Concept Plan Collier County LDC Section 5.05.05.C.4.b., which limits Facilities with Fuel Pumps to one (1) illuminated corporate logo on a canopy face which is adjacent to a dedicated street or highway, to instead allow one (1) illuminated corporate logo on the west canopy facade facing the vacant commercial outparcel to the west. The one (1) illuminated corporate logo on the west canopy facade is in addition to the code allowed corporate logo on the canopy facing adjacent to a dedicated street or highway. PDI-PL20160002759 Heritage Bay PUD Page 8 of 11 January 12, 2017 Petitioner's Rationale: "The subject project is located along three (3) dedicated streets, Bellaire Bay Drive to the east, Sage Avenue to the north and Immokalee Road to the south. The applicant is proposing a canopy sign facing Bellaire Bay Drive to the east. However the site layout is such that the convenience store building is located between the proposed fuel canopy and Sage Avenue to the north. Please reference the enclosed Concept Plan associated with the PDI which provides a better illustration of the site playout. Therefore no illuminated corporate logo is proposed on the north canopy facade facing Sage Avenue. The majority of potential customers will be traveling on Immokalee Road and in order to notify these potential customers the applicant is instead requesting to place their corporate logo on the south and west façades to be visible to the traveling public on Immokalee Road. The west canopy facade is not adjacent to a dedicated street however it will be seen from potential customers traveling eastbound on Immokalee Road. As previously stated there is an existing 100' wide canal right-of-way directly south of the RaceTrac property that limits the property's visibility from Immokalee Road. The proposed location of the canopy sign on the west facade is on the southern end closest to the Immokalee Canal right-of-way. This west facing canopy sign allows those eastbound customers to see the store sooner giving them more time to make necessary lane changes to safely enter the site. Furthermore the property to the west of the proposed project is within the same Heritage Bay PUD and is vacant commercial.No negative impacts are anticipated as a result of this request." Staff Analysis and Recommendation: The Concept Plan shows the proposed canopy over the fueling positions would be visible from Immokalee Road. The traveling public will have a viewshed of the canopy when traveling from the east, south, and west. Zoning Services staff concurs with the petitioner's rationale for the additional sign, and therefore, recommends APPROVAL of this request. Deviation Request#3 for Monument Sign -See proposed change to Section 1.11.J. of the PUD Document -Labeled#12 on the Concept Plan Collier County LDC Section 5.05.05.C.4.c, which limits Facilities with Fuel Pumps to one ground sign with a maximum area of sixty(60) square feet and maximum height of less than eight(8)feet above grade,to instead allow a one-hundred(100) square foot ground sign with a height of twelve (12) feet above grade. Petitioner's Rationale: "The Immokalee Road right-of-way has an additional 100 feet canal right- of-way directly adjacent to the road right-of-way. This additional canal right-of-way creates an offset from the sign to the traveling motorist on Immokalee Road of over 150'. The maximum allowed sign per the LDC will not be visible to the traveling public in sufficient time to recognize the destination within a sufficient distance to make a safe maneuver to exit the travel-way. The 12- foot tall, as measured from the base of the sign, 100 SF sign offsets the sight limitations of this additional 75 foot distance. Furthermore the standard sign code for Nonresidential Districts,under LDC Section 5.06.04.F.l.a., states that the maximum allowable height for ground signs located along an arterial or collector PDI-PL20160002759 Heritage Bay PUD Page 9 of 11 January 12,2017 road is 15'. Therefore the ground signs located along Immokalee Road in nonresidential districts will be allowed the maximum height of 15'.The proposed sign will match the architectural features of the primary structure and be located within an undulating landscape buffer along the frontage. No negative impacts are anticipated as a result of this request." Staff Analysis and Recommendation: The Concept Plan shows the canal right-of-way (south of the subject property) is one-hundred 100 feet in width. The pavement of the travel lanes within Immokalee Road is located even farther away from the subject property. This distance between the subject property and the travel lanes of Immokalee Road represents a sizable separation, which the sign code does not contemplate. As such,there is justification to warrant the petitioner's desire for requesting a larger sign. With respect to a similar type of petition, in March of 2015, the Hearing Examiner reviewed PDI application(PDI-PL20140000859)for RaceTrac Petroleum,Inc. for a property located at the southwest corner of the intersection of Collier Boulevard and Rattlesnake Hammock Road. This PDI application requested, among others, a deviation to allow a twelve(12)-foot tall ground sign with a maximum permitted area of one-hundred eighteen(118) square feet. The Hearing Examiner approved a reduced-sized sign [Nine (9) feet in height and eighty(80)square feet]. In light of approval of PDI-PL20140000859 and taking into consideration the physical characteristics of the subject property (i.e., the wide separation between the subject property and the travel lanes of Immokalee Road), staff concurs with the petitioner's rationale of requesting a larger ground sign and therefore,recommends APPROVAL of this deviation. NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM for PDI-PL20150001083 was conducted on November 18,2015 at Peace Lutheran Church at 9850 Immokalee Road. The CCPC reviewed all sign deviations at their April 21,2016 hearing,which was within eight(8) months of when this petition was submitted. It should be noted, however,that the monument sign proposed in connection with this petition (i.e., Deviation #3) is smaller than the one proposed in PDI-PL20150001083 (i.e., Deviation#9). COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on January 5, 2017. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI- PL20160002759. Attachments: 1) FLUE Consistency Review 2) Email from Daniel Prescott 3) Executive Summary and Memorandum for PUDZ-02-AR-2841 4) Legal Notifications 5) Application and Support Material PDI-PL20160002759 Heritage Bay PUD Page 10 of 11 January 12,2017 PREPARED BY: v JJJ ERIC JOHNSON, AICP, CFM, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAYMOND V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION PDI-PL20160002759 Heritage Bay PUD Page 11 of 11 Co e-r Covnty Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Eric Johnson, AICP, CFM, Principal Planner Zoning Services Section, Zoning Division From: Sue Faulkner, Principal Planner, Comprehensive Planning Section, Zoning Division Date: December 15, 2016 Subject: Future Land Use Element(FLUE)Consistency Review PETITION NUMBER: PDI-PL20160002759 Rev: 2 PETITION NAME: Heritage Bay PUD—RaceTrac (Bellaire Bay) REQUEST: This petition requests three (3) additional deviations itemized below, all applicable only to Heritage Bay Commons, Tract D Replat, Lot 4 of the Heritage Bay PUD: • Deviation Request 1: increase the size of the Canopy Sign Area; • Deviation Request 2: Modify the location of the Canopy Signs and increase the number of signs from one to two; • Deviation Request 3: Increase the height of the Monument Sign Area to improve visibility from Immokalee Road. LOCATION: The subject site is situated on the northwest corner of Immokalee Rd. at Bellaire Bay Drive and just south of Sage Avenue in Section 23, Township 48 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject ±1.74 acres are designated Urban, Urban Commercial District, Mixed Use Activity Center Subdistrict (#3), as identified on the Future Land Use Map of the Growth Management Plan and within the Urban - Rural Fringe Transition Zone Overlay. This project site is within the Heritage Bay PUD,which is approved for residential, commercial,recreational, and preserve uses. The RaceTrac site is known as Lot 4 for commercial use. The RaceTrac use was previously approved and the intensity of this use is not being increased with this application for Insubstantial changes to a Planned Unit Development (PDI). Because this application is not adding uses or increasing the intensity of the previously approved uses in the Heritage Bay PUD, it is consistent with the Future Land Use Element of the Growth Management Plan. Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400 Page 1 of 2 III JohnsonEric From: DANIEL TRESCOTT <trescott@embarqmail.com> Sent: Friday, December 09, 2016 3:16 PM To: JohnsonEric Subject: Re: Heritage Bay RaceTrac Hello Eric. Yes, I agree with your email below that Race Trac's sign deviations relative to the Collier County Land Development Code do not not create the likelihood of any additional regional impact. If you have further questions, please let me know. Sincerely, Daniel L. Trescott, MSP Trescott Planning Solutions, LLC 421 Norwood Court Fort Myers, Florida 33919 (239) 850-7163 Cell (239) 433-4067 Office (239) 433-0105 Fax trescott@embarqmail.com From: "JohnsonEric" <EricJohnson@coiliergov.net> To: "DANIEL TRESCOTT" <trescott@embarqmail.com> Sent: Friday, December 9, 2016 2:16:32 PM Subject: Heritage Bay RaceTrac Daniel, After reviewing RaceTrac's proposed sign deviations, please confirm that you agree with my response to the below criteria: j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI)and approved pursuant to Chapter 380.06,Florida Statues,where such change requires a determination and public hearing by Collier County pursuant to Sec.380.06 (19),F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2.,F.S.,and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Due to the limited nature of this request, a determination and public hearing under F.S. 380.06(19)will not be required. Respectfully, Eric L.Johnson,AICP, CFM Principal Planner Collier County Growth Management Department Zoning Division—Zoning Services Section 1 2800 Horseshoe Drive North Naples, FL 34104 (239) 252-2931 office (239) 252-6503 fax TM LEED GREEN ASSOCIATE Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 EXECUTIVE SUMMARY PETITION: PUDZ-02-AR-2841, RICHARD WOODRUFF OF WILSONMILLER, INC. REPRESENTING U.S. HOME CORPORATION, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" (PLANNED UNIT DEVELOPMENT) TO BE KNOWN AS THE HERITAGE BAY PUD PERMITTING 3,450 RESIDENTIAL DWELLING UNITS, 200 ASSISTED LIVING UNITS, A 54-HOLE GOLF COURSE AND RELATED FACILITIES, THREE NEIGHBORHOOD TOWN CENTERS TO CONTAIN UP TO 30,000 SQUARE FEET OF BUILDING SPACE, AND A MAXIMUM OF 200,000 SQUARE FEET OF COMMERCIAL USES FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF IMMOKALEE ROAD (C.R. 846)AND COLLIER BOULEVARD(C.R. 951), IN SECTIONS 13, 14, 23,AND 24, TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,CONSISTING OF 2,562 ACRES. COMPANION ITEM: DRI-00-01 OBJECTIVE: This petition seeks to have the Collier County Planning Commission consider a proposed rezone of the subject 2,562-acre site from "A" Rural Agricultural to a Planned Unit Development (PUD) to be known as the Heritage Bay PUD/DRI that permits a mix of residential and commercial/office uses and to make sure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Heritage Bay PUD is designed as a golf course/residential community, which includes a village center, recreational areas, and marina. There is also a commercial center within the Activity Center permitting retail and office uses. In addition, much of the site has been mined for 28 years and is permitted to continue mining operations for the foreseeable future. At present there are approximately 418-acres that are actively being mined with another 1,282-acres permitted and previously cleared for earth mining. The PUD document allows a maximum of 3,450 residential dwelling units with a wide range of housing styles including single family detached, villas,low rise and mid-rise multi-family dwellings. The overall residential density is 1.35 units per acre, which reflects the land area devoted to lakes, recreational open space and conservation uses, totaling approximately 70 percent of the site. The project will also contain an assisted living facility along with three Community/Town Centers that are intended to provide residents with small-scale retail shopping facilities, common recreational/fitness centers, and clubhouses, which serve as neighborhood focal points. The Community/Town Centers encompass 20-acres and will contain 30,000 square feet of building area. The variety of services provided is intended to allow residents within the project easy access to these facilities, which reduces the amount of vehicular traffic on the County road network. The Activity Center Commercial site is located at the intersection of Immokalee Road and Collier Boulevard and will contain up to 50,000 square feet of office uses and 150,000 square feet retail uses. The Master Plan for Heritage Bay indicates that the project will conserve 863-acres of Conservation and Preservation areas. This is equivalent to 34 percent of the site, or 40 percent of the gross land area exclusive of the existing rock quarries. Lastly, Heritage Bay development is anticipated to be constructed in one phase r_ commencing in 2004 and continuing through 2010. AGENDA,rrEM Na Si JUL 292003 PUDZ-02-AR-2841, Heritage Bay 1 FISCAL IMPACT: If this PUD/DRI request meets its objective, a portion of the existing land will be developed resulting in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the 3,450 residential dwelling units: • Park Impact Fee: $578.00 per unit • Library Impact Fee: $180.52 per unit • Fire Impact Fee: $0.15 per square feet of building • School Impact Fee: $827 per unit • Road Impact Fee: $890 per unit • Correctional Facilities: $117.98 per dwelling unit • Radon Impact Fee: $0.005 per square foot of building • EMS Impact Fee: $2 per unit • Building Code Adm.: $0.005 per square foot of building • Micro Film Surcharge: $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.18 per unit. Since this project proposes 3,450 units, the total amount of residential impact fees collected at build-out will total $9,512,271. The commercial impact fees will be applicable to the 150,000 square foot retail uses and 50,000 square feet of office space. Based on the impact fee ordinance,the commercial impact fees will be $1,126,800. Therefore, the total impact fees collected will be approximately $10,639,071. It should be noted that because impact fees vary by land use type and because this approval does not provide the level of specificity as to the actual type of use,the total impact fee is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized its authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally, additional revenue is generated by application of ad valorem tax rates.The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. A A IV"- No. J U L 2 9 2003 PUDZ-02-AR-2841, Heritage Bay 2 - Pg. 2 GROWTH MANAGEMENT IMPACT: The subject PUD contains four (4) Sections of land that are under the ownership of Florida Rock Corporation. All four Sections are zoned "A-Rural Agricultural" with a conditional use permit for earth mining activities. The PUD has several designations from the Future Land Use Element (FLUE) as follows: Most of Section 23 is designated Urban, Urban-Mixed Use District, and Urban Residential Sub-district. However, a portion of this Section, in the northwest corner of the Immokalee Road/Collier Boulevard intersection, is designated Urban-Commercial District, and is within Activity Center #3. Also, most of Section 23 is in the residential density band surrounding the Activity Center. Under the Rural Fringe Amendments, Sections 13, 14 and 24 are designated Rural Fringe Mixed Use District, Receiving Lands. It is anticipated that the Rural Fringe Amendments will become effective in July of 2003. Residential GMP Consistency Review: Based on the Urban-Rural Fringe Transition Zone Overlay,the proposed project is deemed consistent with the Density Rating System of the Comprehensive Plan. It should be noted that the petitioner is proposing to develop a maximum of 3,450 dwelling units at a gross density of 1.35 units per acre. This amount is 677 units less than the maximum total units the site is eligible to receive under the current Growth Management Plan. As a result, Staff is of the opinion that the proposed PUD is consistent with the Density Rating System of the GMP. In addition,"Density Blending" is allowed pursuant to the language of the Rural Fringe Amendments and the Heritage Bay DRI related GMP Amendment,which created an Urban Rural Fringe Transition Zone Overlay. Activity Center GMP Consistency Review: The commercial uses are limited to a total of 40-acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and Immokalee Road. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The PUD Document is consistent with the GMP in the manner it describes the proposed uses within the Activity Center. Village Center GMP Consistency Review: There are three "Village Centers" totaling approximately 26- acres within the residential part of Heritage Bay. The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. It should be noted that the Comprehensive Planning Staff has recommended approval of the PUD document subject to the BCC waiving the following requirement. Section 2.2.20.4.7.1, sub-paragraph 9, of the Land Development Code (LDC) requires a phasing of commercial development within the PUD Neighborhood Village Sub-district. As noted in the staff report, the petitioner requested a waiver of this requirement because of the large number of units proposed for Heritage Bay (3,450 units). This LDC requirement would necessitate the Developer to build 1,035 residential units before beginning construction on the village centers. As a result, Staff is of the opinion that the requirement to construct 1,035 units, seems to defeat the stated purpose of the PUD Neighborhood Village Center Sub-district as follows: "The purpose of this Sub-district is to allow for small-scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD." The intent of the Village Center is also to reduce the amount of external vehicular trips on the arterial road network. If the LDC requirement is followed rigidly, there could potentially be a large number of residents within the project long before the village centers can open. Therefore, Comprehensive Planning staff agreed not to object to the petitioner's request to waive the requirement. b 171✓1�,,I l I JUL 2 92003 PUDZ-02-AR-2841, Heritage Bay 3 ;�j -- ENVIRONMENTAL ISSUES: Staff has reviewed the Environmental Impact Statement (EIS) and has noted the following issues: The site contains approximately 814.6-acres of wetlands while the PUD adds approximately 300-acres to the existing preserve areas. All wetlands on-site will be preserved at the time of post development. The only impact to wetlands proposed with the project is a golf cart bridge crossing over a recently created wetland connection in the preserve area. Since there is no significant impact to wetlands with this project, no mitigation is proposed. As proposed, the PUD Master Plan identifies 863 acres as Conservation and Preservation areas. This is equivalent to 34 percent of the site, or 40 percent of the gross land area exclusive of the rock quarries. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC reviewed this petition on May 7, 2003 and they recommended approval by a 6 to 0 vote subject to staff stipulations contained in the EAC Staff Report. This includes the requirement that the project comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final Site Plan/Construction Plan approval. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION (CCPC): The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on July 17, 2003. They voted 7 to 0 to forward Petition PUDZ-02-AR-2841 to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations and the following conditions: (1) Provide 82 Work Force Housing units with 60 of those units located on-site. The remaining 22-units may be located off-site. The developer shall work with the City of Bonita Springs in determining possible off-site housing locations; (2) Revise Tables I and II of the PUD Document to provide criteria for measuring building height for the R-4 Tract and to increase the side yard setback for the multi family dwellings; (3)Add a requirement that driveway depth be 23 feet from the garage door to back of curb; and (4) The addition of well field easements. It should be noted that the Planning Commissioners found this petition to be consistent with the GMP and to be compatible with the surrounding development. They also recommended approval of the Affordable Housing Density Bonus Agreement. Staff has received one letter opposing this petition; therefore, this petition could not be placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve Petition PUDA-02-AR-2841 subject to staff stipulations contained in the PUD Document and the following conditions. 1. That the BCC waive the requirement of Section 2.2.20.4.7.1, sub-paragraph 9, of the Land Development Code (LDC) that prohibits the construction of commercial buildings in the neighborhood village center until building construction has commenced on at least 30 percent of the residential dwelling units in the PUD. 2. A pedestrian and bicycle pathway network shall be established throw hout the Pro'ect. Sidewalks and bike paths shall conform to Section 3.2.8.3.17. of the LDC. AGEND6I'TtP No. JUL 292003 PUDZ-02-AR-2841, Heritage Bay 4 qPg. PREPARED BY: /iti ------ 7_ II _o3 RAY OND BELLOWS, CHIEF PLANNER DATE CURRENT PLANNING SECTION REVIEWED BY: V-2a. S1d5AN MURRAY,AICP,MANAGER DATE Ca.� C . PLANNING SECTION /� J rte' ' ?-1C-0_3MARGARE 4 RSTLE,AICP,DIRECTOR DATE PLANNING RVICES DEPARTMENT APPROVED BY: li7/acs/0.3 • .EPH K. CHMITT • 6 MINISTRATOR DATE 'IMMUNITY DEV. AND ENVIRONMENTAL SVCS. A STM Pb. J U L 2 9 2003 PUDZ-02-AR-2841, Heritage Bay 5 Pg. AGENDA ITEM 8-B 1 I ii. MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES DATE: JUNE 30,2003 RE: PETITION NO: PUDZ-02-AR-2841,HERITAGE BAY PUD AGENT/APPLICANT: Agent: Richard Woodruff Contract Purchaser: U.S. Home Corporation WilsonMiller,Inc. 10491 Six Mile Cypress 3200 Bailey Lane, Suite 200 Fort Myers, FL 33912 Naples,Florida 34105 R. Bruce Anderson Young,van Assenderp,Varnadoe&Anderson P.A. 801 Laural Oak Drive, Suite 300 Naples,FL 34108 GEOGRAPHIC LOCATION: The subject property is located on the northeast corner of Immokalee Road (CR-846) and Collier Boulevard (CR-951) in Sections 13, 14, 23 & 24, Township 48 South, Range 26 East. (See location map on the following page) REQUESTED ACTION: To have the Collier County Planning Commission consider a proposed rezone of the subject 2,562-acre site from "A" Rural Agricultural to a Planned Unit Development (PUD) to be known as the Heritage Bay PUD/DRI that permits a mix of residential and commercial/office uses. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to develop a golf course/residential community, which includes a commercial center permitting retail and office uses along with a village center, recreational areas, a golf course and marina. The site of Heritage Bay is unique 'II did), Al includes lands that are designated Urban, Rural, and Activity Center on the Futare L& Use Map of the Growth Management Plan (GMP). In addition, much of the site las been JUL 2�9n•2003 PUDZ-02-2841,Heritage Bay PUD 1 Pg. 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F P '',.:�Via` T ". . �iic t� . . ...... .7.170.7j11 11‘.,4-- 71..41/4---,..13-"E•i44-2.: - - / 403 P di l , .....rii M. it:¢ III P T s ;Ili A ii a -0 sp o�L;gt gi A A " p $ 6.€ -9$q �_ x '1 & 1A i G i --..:4 n !F -. z Z zi C -' Z 'C T i•�.0 f' o N F Z A F -� pi C 'A m� O '^ ^rh z vi 6c j n ,k f. ,A ,% O AGENDA IT�tr1A 1-fl ,, A t. N0. J� B 1 s $OO s$o g - tn 9. ; JUL 2 9 2003 ■■ ' N A to N.o Lito N to N V N N Y: {Jb D 8 t. /•� /•-.. f,_,. O ODO 000 0 O A. A O O V IS'1 0 0 L o 0 o N O C1 n 1J�J ^� A A AAA rii A A A n Pg. '1ill E11a i fs (N,JOOV a WHSOnAgNel i fr I t , MASTER CONCEPT PLAN 2 i t HERITAGE BAY =•- • 4 II ii 1:4; PREPARED FOR U.S.HOME CORPORATION ,1.7..�4Yi�6w_`.igrM,'i mined for 28 years and is permitted to continue mining operations for the foreseeable future. At present there are approximately 418 acres that are actively being mined with another 1,282 acres permitted and previously cleared for earth mining. The PUD document allows a maximum of 3,450 residential dwelling units with a wide range of housing styles including single family detached, villas, low rise and mid-rise multi-family dwellings. It should be noted that in Section 2.5.C.4 of the PUD, the petitioner is requesting an exemption from the LDC requirement for sidewalks for the multi-family residential parking lots. The overall residential density is 1.35 units per acre, which reflects the land area devoted to lakes, recreational open space and conservation uses, totaling approximately 70 percent of the site. The project will also contain an assisted living facility along with three Community/Town Centers that are intended to provide residents with small-scale retail shopping facilities, common recreational/fitness centers, and clubhouses, which serve as neighborhood focal points. The Community/Town Centers encompass 20 acres and will contain 30,000 square feet of building area. The variety of services provided is intended to allow residents within the project easy access to these facilities,which reduces the amount of vehicular traffic on the County road network. The Activity Center Commercial site is located at the intersection of Immokalee Road and Collier Boulevard and will contain up to 50,000 square feet of office uses and 150,000 square feet retail uses. The Master Plan for Heritage Bay indicates that the project will conserve 863 acres of Conservation and Preservation areas. This is equivalent to 34 percent of the site, or 40 percent of the gross land area exclusive of the existing rock quarries. The wetland conservation area will carry surface water through the project from the north to the south, with flows reaching the Immokalee Road canal. The recreation and water management lakes will total 677 acres while the recreation and open space areas are comprised of 460 acres. The primary access points into the residential areas of the project will be from Immokalee Road while the Activity Center will have access points from both Immokalee Road and from Collier Boulevard that would be extended to the access point of the commercial tract. Lastly, Heritage Bay development is anticipated to be constructed in one phase commencing in 2004 and continuing through 2010. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is currently being mined on 418 acres with another 1282 acres that were previously cleared. The site is zoned "A" Rural Agricultural. Surrounding: North: Undeveloped and zoned"A" Agricultural and"A-ST" East: The undeveloped Bonita Bay East Golf Club that is zoned"A- MHO". South: Immokalee Road and the undeveloped Outdoor Resorts PUD approved for 420 RV lots. AGE111r I West: The undeveloped Mirasol PUD that was approved for 799 uiits.NO JUL 2 9 2003 PUDZ-02-2841,Heritage Bay PUD 2 Pg. Cr GROWTH M4I AGEMENT PLAN CONSISTENCY: The subject PUD has several designations from the Future Land Use Element(FLUE) as follows: Most of Section 23 is designated Urban, Urban-Mixed Use District, and Urban Residential Sub-district. However, a portion of this Section, in the northwest corner of the Immokalee Road/Collier Boulevard intersection, is designated Urban-Commercial District, and is within Activity Center #3. Also, most of Section 23 is in the residential density band surrounding the Activity Center. Under the Rural Fringe Amendments, sections 13, 14 and 24 are designated Rural Fringe Mixed Use District, Receiving Lands. It is anticipated that the Rural Fringe Amendments will become effective in July of 2003. Currently, all four Sections are under the ownership of Florida Rock Corporation. All four sections are zoned "A-Rural Agricultural" with a conditional use permit for earth mining activities. The petitioner has previously filed both a Development of Regional Impact (DRI) Application for Development Approval and an application to amend the Collier County • Growth Management Plan (GMP). Petition No. CP-2000-6 amended the Future Land Use Element and Future Land Use Map by: (A) Establishing the "Urban-Rural Fringe Transition Zone Overlay" to encompass Sections 23, 13, 14, and 24, Township 48 South, Range 26 East; consisting of approximately 2,562 acres; and, (B) Amending the Future Land Use Map (FLUM) to show the area affected by the Overlay. Also, the Sanitary Sewer and Potable Water Sub-Elements of the Public Facilities Element were amended, including establishing the Rural Transition Water and Sewer District, to allow County sewer and water systems to serve the project. In this regard, staff notes that the Rural Fringe Amendments also include the three Agricultural/Rural Sections in the Rural Transition Water and Sewer District. RESIDENTIAL GMP CONSISTENCY REVIEW: Based on the Urban-Rural Fringe Transition Zone Overlay, the proposed project is deemed consistent with the Density Rating System of the Comprehensive Plan. The dwelling unit count for the entire project is as follows: • Density Band: 455 acres x 7 units per acre = 3,185 units • Base Density: 139 acres x 4 units per acre = 556 units • Agricultural/Rural: 1,928 acres @ 1 unit per 5 acres =386 units TOTAL: 4,127 units It should be noted that the petitioner is proposing to develop a maximum of 3,450 dwelling units at a gross density of 1.35 units per acre (excluding the Activity Center acreage). This amount is 677 units less than the maximum total units the site is eligible to receive under the current Growth Management Plan. As a result, staff is of the opinion that the proposed PUD is consistent with the Density Rating System of the GMP. In addition, "Density Blending" is allowed on the Heritage Bay property pursuant to the language of the Rural Fringe Amendments and the Heritage Bay DRI related GMP Amendment, which created an Urban Rural Fringe Transition Zone Overlay. A n PUDZ-02-2841,Heritage Bay PUD 3 J U L 2 9 2003 ID Pg., ACTIVITY CENTER GMP CONSISTENCY REVIEW: The commercial uses are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and Immokalee Road. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The PUD Document is consistent with the GMP in the manner it describes the proposed uses within the Activity Center. VILLAGE CENTER GMP CONSISTENCY REVIEW: There are three "Village Centers" totaling approximately 26 acres within the residential part of Heritage Bay. The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. It should be noted that the Comprehensive Planning Staff has recommended approval of the PUD document subject to the BCC waiving the following requirement. Section 2.2.20.4.7.1, sub-paragraph 9, of the Land Development Code (LDC) requires a phasing of commercial development within the PUD Neighborhood Village Sub-district. This criterion reads as follows: "No commercial building construction in the neighborhood village center shall be allowed until building construction has commenced on at least 30 percent of the residential dwelling units in the PUD." The petitioner requested a waiver of this requirement because of the large number of units proposed for Heritage Bay (3,450 units). This LDC requirement would necessitate the Developer to build 1,035 residential units (not including the ALF units)before beginning construction on the village centers. Even divided by three (for the 3 village centers), the Developer would have to construct 345 units in order to begin constructing one village center. As a result, Staff is of the opinion that the requirement to construct 1,035 units, seems to defeat the stated purpose (from the FLUE) of the PUD Neighborhood Village Center Sub-district as follows: "The purpose of this Sub-district is to allow for small- scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD." The intent of the Village Center is also to reduce the amount of external vehicular trips on the arterial road network. If the LDC requirement is followed rigidly,there could potentially be a large number of residents within the project long before the village centers can open. Therefore, Comprehensive Planning staff agreed not to object to the petitioner's request to waive the requirement. Transportation Element: Transportation Planning staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. As a master planned community with internal commercial and recreational facilities, the amount o exterli8 A Ilt� vehicular trips will be reduced because of internal capture of those trips th t wenld JUL 2 9 2003 PUDZ-02-2841,Heritage Bay PUD 4 Pg. ( 1 normally have to travel longer distances to reach the same type of facilities. Therefore, the proposed PUD/DRI Zoning is estimated to generate approximately 22,250 Average Vehicle Trip Ends at the proposed build-out in 2009/2010. According to the DCA/DRI Transportation Uniform Standard Rule, a project is found to have a significant and adverse impact on a State or regional significant roadway if it is found to meet both of the following criteria: (1)the project will utilize 5 percent or more of the maximum peak hour service volume at the adopted LOS standard; and (2) the roadway is projected to operate below the adopted level of service standard. A review of the TIS indicates that a number of roadway and intersection improvements will be required to support the project and all area growth in the area through build-out. As a result, the Transportation Department is stipulating that Heritage Bay mitigate its impacts through payment of impact fees, right-of-way donation, road improvements and the construction of site related improvements. Therefore, based on the recommended mitigation being incorporated into the PUD Document and DRI Development Order, this petition may be deemed consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. Open Space/Conservation Element: The proposed Heritage Bay PUD meets the minimum threshold (70 percent of the gross land area) required for open space and conservation preservation. The PUD Master Plan identifies approximately 2,000 acres of various types of open space. However, some of the various types of open space appear to overlap. In addition, Section 2.14 of the PUD Document identifies 1,793 acres of open space that equals 70 percent of the site. Sewer and Water: The Heritage Bay project shall connect to the County's regional water and wastewater facilities, which exist at the southwest corner of the property at the intersection of Immokalee Road and County Road 951, which regional service area is expanded to include all of the property. It should be noted that the Urban-Rural Fringe Transition Zone Overlay GMP amendments include a map amendment that expanded the County's regional potable water and wastewater treatment service areas to encompass the entire Heritage Bay development site. Within the plan amendment, DRI and PUD applications, the petitioner has committed to seeking County water and sewer service for the entire project. Other Applicable Elements: Staff review indicates that the Heritage Bay PUD has been designed to account for all the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed to ensure consistency with the GMP during the permitting process. Therefore, this petition is consistent with the goals and policies of the GMP. Staff has concluded that this petition (subject to the appropriate mitigation measures) will not adversely affect level of service standards. The required stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level service relationships are to be achieved by stipulations and/or development co mit made a part of the approval of this development order. �- JUL292003 PUDZ-02-2841,Heritage Bay PUD 5 HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Cultural Survey and Assessment is required to be submitted per Section 2.2.25.3.2 of the Land Development Code. ENVIRONMENTAL,TRANSPORTATION AND INFRASTRUCTURE: The petitioner has submitted an Environmental Impact Statement(EIS) for the PUD. This EIS indicates that the site contains approximately 814.6 acres of wetlands.The PUD adds approximately 300 acres to the existing preserve areas. All wetlands on-site will be preserved at post development. The only impact to wetlands proposed with the project is a golf cart bridge crossing over a recently created wetland connection in the preserve area. Since there is no significant impact to wetlands with this project, no mitigation is proposed. These consist of hydric pine flatwoods, pine cypress mix and melaleuca. Pursuant to the recently adopted Growth Management Plan (GMP) Amendment for the DRI, native vegetation or other natural areas (inclusive of the conservation areas) shall cover a minimum of 40 percent of the gross Iand area, exclusive of the existing rock quarries. As proposed, the PUD Master Plan identifies 863 acres as Conservation and Preservation areas. This is equivalent to 34 percent of the site, or 40 percent of the gross land area exclusive of the rock quarries. This is consistent with the requirements identified in the GMP Amendment for this project. The Environmental Advisory Council (EAC) heard this item on May 7, 2003 and they recommended approval by a 6 to 0 vote subject to staff stipulations contained in the EAC Staff Report(Exhibit"C"). EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. The review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements(See Exhibit"A" and Exhibit"B"). Relationship to Existing Land Uses - As shown in the photo below,the 2,562-acre site is located on the south side of undeveloped Agricultural zoned land and the no s�1 • 1Tt' Immokalee Road. Furthermore, the adjacent but undeveloped Mirasol PUD has tkEen JUL 2 9 2003 PUDZ-02-2841,Heritage Bay PUD 6 /� approved for 799 dwelling units and permits similar dwelling types. Clearly, the rezoning of the subject site to a PUD/DRI is preferable to its development in an independent piecemeal fashion where traffic circulation and design would be haphazard and less compatible. In addition, the development standards are similar to the approved developments in the area except that the maximum building height for the multi-family structures within the R-4 designated areas permit a maximum height of 120 feet(8-stories over 2-levels of parking). The building heights throughout the remaining multi-family tracts have been limited to 65 feet.The petitioner has agreed with staffs recommendation to restrict these high-rise structures to the area between the preserve areas and the northern lake in order to limit the visual impact along the Immokalee Road corridor. It should be noted that the proposed commercial retail and office uses are located within the northeast quadrant of Activity Center #3, which is diagonally opposite the developed commercial Pebble Brook shopping center located in the southwest quadrant. Lastly, the proposed development regulations, landscaping, screening and buffering requirements contained in this PUD are consistent with the LDC. Because the proposed land uses are similar to the approved land uses in the area, the project is deemed to be compatible with the existing land uses. A-51 ASI IA irasol - t • - ...... . . A- MHO Heritage., Bay I 1' _ t- 1 • ` ?j ! \ i • S.': I ' ? .. 4Z!. 1 y . : ,.__ . bi /2 I.a�sting Qthrr}' 5' •..r. "'""''_"a. 4 / - -� :aa�r�e�c+rz. .�~ ``'� -_ _ . iitirhiarid $ Ufd -"Oo41 - ....f'`: , .. .1.' .*. r �PUt3� y t • o" / . . - , IA • �.nniu a•roew.y►w .1wNan .. i Ir4-1-1:---:1 rr,w t..": , • .. • • JUL 2 9 2003 PUDZ-02-284 t,Heritage Bay PUD 7 pg_ I 1 Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. The subject PUD has several designations from the FLUE as follows: Most of Section 23 is designated Urban, Urban- Mixed Use District, and Urban Residential Sub-district. However, a portion of this Section, in the northwest corner of the Inunokalee Road/Collier Boulevard intersection, is designated Urban-Commercial District, and is within Activity Center#3. Also, most of Section 23 is in the residential density band surrounding the Activity Center. Under the Rural Fringe Amendments,sections 13, 14 and 24 are designated Rural Fringe Mixed Use District, Receiving Lands. The Rural Fringe Amendments became effective on May 29, 2003. Currently, all four Sections are under the ownership of Florida Rock Corporation. All four sections are zoned "A-Rural Agricultural" with a conditional use permit for earth mining activities. The proposed residential uses are also compatible with the nearby residential communities. Regional Park and Recreational Impact - Collier County staff has been working with the applicant for Heritage Bay to resolve a number of issues concerning the impact of the project on County facilities. The applicant and staff have been able to resolve many issues concerning the project's impact on park facilities. As part of the County's earlier request for on-site park and recreational facilities, US Home agrees to pay $2.8 million in park impact fees to the county within 45 days of final DRI/DUD approvals. These will be credited towards impact fees due from the development. Additionally, US Home will donate $717,000 to the county for use in developing a regional park facility at the sole discretion of the county. The county agrees to accept this payment in exchange for all of the lake systems in Heritage Bay remaining private. This payment and donation are expressly in Iieu of the granting the County any access to any of the lakes or the Heritage Bay property for any purpose. General Governmental Facilities Impact: Collier County and the developer have agreed to the following: US Home will donate 7.73 acres to the County for utilizitation of a EMS/Fire/Sheriff/pump station and general government center. This donation will be without any impact fee credits. In addition,the School Board Staff has agreed to accept a prepayment of a portion of Heritage Bay's School impact fees in a lump sum for a 20 to 25 acre site prior to the start of construction. Workforce Housing: The applicant shall provide a site within the boundaries of the project for development of affordable housing as defined in the Collier County Comprehensive Plan. This site shall be 5%of the total developable acreage of the subject site or at least 60.6 acres in size, with a number of residential units consistent with the land development approval granted by Collier County. The affordable housing units shall be divided between rental and equity ownership to the satisfaction of Collier County. The applicant may reduce the size of the affordable housing parcel, if an appropriate number of multi-family units as identified by the County are provided in a mixed-use portion of the development and that an appropriate number of single-family equity owne. r;-,_.AITEM 1) provided in other areas of site. JUL 2 9 2003 PUDZ-02-2841,Heritage Bay PUD 8 Pg. In the alternative to the above on-site affordable housing development requirements, the applicant may provide an equal size parcel of developable land off-site. The off-site parcel must be location acceptable to Collier County Government and the applicant shall be responsible to ensure that the site can provide the same number of dwelling units as if provided onsite. It is recommended that Collier County coordinate the location of the site with the City of Bonita Springs. In lieu of the above requirements, the applicant may provide a financial contribution to meet the affordable housing demand created by the development. The amount of the contribution shall be negotiated with Collier County staff and must be approved by the Collier County Board of County Commissioners. Prior to the final Certificate of Occupancy for the development, the applicant shall have all of the affordable housing units completed and available for occupancy either on-site or off-site, or have executed a final payment of the negotiated affordable housing contribution. At any time in the future, should the applicant request an extension to the approved build out date for the proposed development, the applicant shall re-examine the housing needs for the DRI and . provide an updated re-analysis of the housing required for the project. The applicant shall use the methodology in use at the time of re-analysis by SWFRPC, the Florida Department of Community Affairs, and Collier County. Any future mitigation requirements that are caused as a result of the re-analysis shall be consistent with the options listed in 9J-2.048,the Adequate Housing Uniform Standard Rule, section 8(a). STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition Number: PUDA-02-AR-2841 to the Board of County Commissioners (BCC) with a recommendation for approval subject to staff stipulations contained in the PUD Document and the following conditions. 1. That the BCC waive the requirement of Section 2.2.20.4.7.1, sub-paragraph 9, of the Land Development Code (LDC)that prohibits the construction of commercial buildings in the neighborhood village center until building construction has commenced on at least 30 percent of the residential dwelling units in the PUD. (Staff is supportive of the waiver because of the large number of units proposed would necessitate the Developer to build 1,035 residential units before beginning construction on the village centers. To staff these large numbers of dwelling units seemed to defeat the stated purpose of the PUD Neighborhood Village Center Sub-district.) 2. A pedestrian and bicycle pathway network shall be established throughout the Project. Sidewalks and bike paths shall conform to Section 3.2.8.3.17. of the LDC except as follows. a. All streets designated as "Bike path Loop" shall have a 4 four-foot wide bike lane on each side of the street within the right-of-way. A A 171N n • PUDZ-02-2841,Heritage Bay PUD 9 JUL 2 9 2003 Pg. ICD b. All locations designated as "Sidewalk" on shall have a four-foot wide sidewalk on one side of the street within the right-of-way or an off street sidewalk. c. The area designated as internal "Sidewalk/Sidewalk Loop" shall have an 8-foot wide internal bike path/sidewalk Ioop permitted within the drainage and maintenance easement(s). d. Multifamily residential parking lots do not require sidewalks. PREPARED B : 7- 3. 03 RAY ELLOWS,CHIEF PLANNER DATE CURRENT PLANNING SECTION REVIEWED BY: 8-03 4RAAGER DATE ELAENT PLANNING SECTI N 111A4t1 7r! TJ3 MARG• ' 7— RSTLE,AICP,DIRECTOR DATE PLANNIN SERVICES DEPARTMENT APPROVED BY: 7/9/3 J(a ' PH K. SC ITT,AD INISTRATOR DATE • $ ITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the July 17,2003 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN A,,,.,,„A lto. JUL 29 :2003 PUDZ-02-2841,Heritage Bay PUD 10 Pg. 17 aptrsjJjj 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.# COLLIER COUNTY HEX 1419150 NOTICE OF PUBLIC HEA 45-172052 Pub Dates January 6,2017 #11e;r0 (Sign ure of affiant) Sworn to and subscribed before me 'VO GORt This January 1 ,2017 ( *= Notary Public-Stab of Raids ' flit, Commission s FF O /0 My Comm.bouts Jul 16,201! • lOt41d ttlr N16o1g11 Narnr MIl1 170t.E414 (Signatur of affiant) HA Peday,oniony 6.2017 NpMs Daily News NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE "'�` "'r Notice rs hereby'g,vsn that on Mend.y,JSnwry 20,2017.7 the BOartl 01 Cc.v y "w a1r- ;boreosseone-,McNmg Ropm,3rd FIOm Suddrng"F CoyM Coant 3pvernment ren - me +. .a wt.'3299'am,anv rroa EW.'oO(d O Icr�da 3+112.m•011*,.County F sawn t gi- ... _ Comvelaatorlsong as ma tor olane'9 agency and as me Evescnmenta AOvuory' Cowes,will censor artanom•nts to ra Coe se Co.^ty:and Dev.ldprnent;oda.°n. meeting will onmmenc:at 506 p,m,The etie of Ina Oromaeo o"dura€..s'5 as f0410025: 97 t,,,-r.. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER rot 0 charged.from Tett Testaye cooper Brittany covegton,Probe Covington arta .. n telt COUNTY,FLORIDA,AMENDING ORDINANCE NUMBER 04.41:AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE.WHICH INCLUDES THE COMPREHENSE LAND REGULATIONS FOR THE SUNINCORPORATED AREA OF enagers accuse a of SEC ON TWO,FINDINGS OF FACT;SECTION THP E A ADOPTION AMENDMENTS n TO THE LAND DEVELOPMENT CODE.MORE SPECIFICALLY AMENDING THE h ' to crimes in b =`� tinFoLLommao MPLANNED ER UNNNITDVEPMENT DISTICTS.SECTION 7.03 OPEN SPACE 20 E PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS CHAPTER FIVE- Online deo of 4 black which did not .pear to have any come, SUPPLEMENTAL STANDARDS.ADDING SECTION 505.15 CONVERSION OF GOLF Eon to the y' 1. COURSES:CHAPTER SIX-INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE teens'a -ck on white Face ... has confirmed that d re- PUBLIC FACILITIES REQUIREMENTS INCLUDING SECTION 6.0001 WATER I moved I ongme.yiden from one of the MANAGEMENT REOUMIEIn1EMB. ADDING SECTION 608.03 STORMWATER student s"arks outrage uspect' FacOMxrk profile."We do not PLANS FOR SINGLE-FAMILY DWELLING UNITS.T'WO-FAMILY DWELLING UNITS, allow sootily to celsbdah or movrol AND DUPLEXES' CHAPTER TEN- APPLICATION. REVIEW, AND DECISION- ANDANDG ESANIS E son Foldentk and have nem ace- MAKING PROCEDURES.INCLUDING SECTION 10.113011 PUBUC NOTICE AND MELANIE EVE -LEY oto d oak)for this coxa,t h u gr- �urow,• .•.k sa1d.-'In many instances,though, REQUIRED HEARINGS FOR LAND USE PETITIONS;SECTION FOUR,CONFLICT •n people share this type ct coronet. AND SEVERABILITY;SECTION FIVE.INCLUSION IN THE COLLIER COUNTY LAND Four black teens w..-charged with hey are doing so to eande:nn violence or DEVELOPMENT CODE;AND SECTION SIX.EFFECTIVE DATE. hate crimes and other fe les Thursday rake axareness abaci 1t Irthat case,the in Chicago in connection h the apps. video would he allowed" ern torture and taunting of a - es,.s The video includes raw language.At ' needs student in a video that as..,ed One poent as the vwtun-who appears to hoe on Facebook prosecutors,.d be white crouches against a wad oath The Cook County prarecuto •ftie hes wrists bound end his mouth toped _- ..charged Tesfaye Cooper,18,Bet. y Co- shut.someone is heard shooting profane 4A songton.18..and Tanishia Cov .• .'4.all ties about Trump colt white people - L x•- of Chicago.and Jordan Hii1.1R. Ca -.- Police said the victim.who is believed x tersviie,Illinois,with aggrav ed hi.. p- to be from a Chicago suburb.was m stable ping,hate crime.aggravat lawful condition Chicago Police superintendent Mount,aggravated ha silt a deedi, Eddie Johnson seed Wednesday that the weapon and resudenlial b leer, victim has"mental health clalienges" Hill was also charged all robbery and Police say it is too boon to make a deter- Al rteras•eo parties ere ovesa tO taper aryl re nerd doe ea Tr tee droc:ted possession of a stolen , to tehicic. Eton whether the attack was racially amenpmtnts yr averk0+e!m oVWk�nsO40'O �n me 20705 end Anl Development The four were ex. ted to appear in voted.d th,Many snot nt to a uees.rime lone Review Section.CiroMh Management Department 2800 N.1soraunoa Dewe,staples, court half-houray. and ikesor the s the m tea hate rector Room. bt'weer the hours c1 La',AM. aria LOG PM., Mond tM h Fr da The vt en,which pearsdto and race was the mthly resp factor, n' oieg' y' on conal media y, , essay.appears to H. - id not immedulely respond t0 a conform*,matanYs wA be-ode avaaable•m u5500chOn at Itis Coors.Co,.ny Care a show at least one sok man torturing and meeeese t to her vie FeceMnk. 0n,Ca,1.3.n.,Floor,Suite 401.Coll at Coyly GDyernment Center.Ear Naples,one taunting the 18- r'-old white elan and Chicago lice spokesman Anthony week Poor to the sctisoube nearr9, making disper.-. a remarks about Prean- liuglielmr to, mg.issrmiated Prean on n 100 ata a 5•0570 v.th a 7 SiDtly*00 need.am,'aeCVmm0eatiOn In Weer to parer ore.. dent-elect Do ,el hump.The alleged a- Thursday that - don't believe the vas. W.9915 W=140,99,you were each r no cost to you.ro ma onws.bo of CMYrt assetreft seines were a led out over a two-day pe tum was targeted*cause ho was white. Please contact tee Collar County Facilities Management'.nss,on.at 3335 Tamaml Trail nod,apparc iy Sunday'and Maiden Ile acknowledged Mc suspects made"ter- Far,Suee 101,Naplee.FI Mita-535f° 7995 752-8360.re Hast two days OM to Its The so , as initially posted via Face- nhle rata,tetements"during the as- meehng.Ass.Naa I nenrng levees for Pe flawing,mpyred we avaeetee a tee Baro 0f Molt Live der the account of someone saidt..but that investigators believe the County Comnassemers 01130,. named ttanv Hemng and spread victim was urgeted because he has",pr- quiekly -h Twitter under the hast- cal needs'not because of his race Colk.r County Ptanntna COMM s.:r tag IS Kidnapping. Gugiielnu said n s possible the sur Mark Stain.Crisdmar B is an apparent reference to the pasts were trying to extort something sea . Justice group Black Lives Metter from the yitim4 family January 6,2017 ND-14262391 1.. NOTICE OF PUBLIC HEARING I I **NOTICE OF PUBLIC HEARING** Notice is hereby given mai a outgo nears woi Pe ttekt by tee Cather County Meanng NOFCe a hefeby goerthat a public-owing sill be meld Oy the Collar County Hearne Examiner(HEX)at EDO A.M„on The/100y.January 26,2017. in the timing Examiner I$CX)09190 AM„oe Thwsda1,January 2881,2017,PE.Hewag Exam:,ora Examinees Meeting Room at 2900 Node Horseshoe CWNe.Room 60S/610.Naples,FL Meeting Fom,at 2800 North Horse.Mwe Uwe,Room 609/81 C.Nooks FL 34104.to 34104,to Co.'sde' consoler PE IItION NO. PLN-PL20160001163-STOCK DEVELOPMENT, LIC REQUESTS PETITION NO.Pd-P121y180g02759-RACETPAC PETROLEUM,INC.REQUESTS AN INSUBSTANTIAL CHANGE IC ORDINANCE NO.92-"5.THE LELY A RESORT AP..INSUSSTM2I1AL CHANGE 'O ORDINANCE N0.03-70,AS AMENDED.THE COMMUNITY PUD. TO AMEND SECTION XV DEVIATIONS FROM THE LDC, HERITAGE BAY PUD.TO AMEND SECTION I.LEGAL DESCRIPTION.PROPERTY BY DELETING ONE DEVIATION RFT ATING TO SIONAGE, ADDING FOUR NEW OWNERSHIP AND GENERAL DESCRIPTION. BY ADDING THREE NEW SIGN DEVIATIONS RELATING TO SIGNAGE.ANC ADDING NEW EXHIBITS RELATING DEVIATIONS FOR THE PARCEL DESCRIBED AS LOT 4,HERITAGE BAY CJMMUNS TO THE DEVIATIONS.THESE CHANGES APPLY ONLY-O THE 9-ACRE TRACT TRACT D REPLAT.THE SUBJECT PUD PROPERTY CONSISTS OF 2,502e ACRES. DESIGNATED AS'C-2'ON THE NORTHWEST CORNER OF TAMW II TRAIL EAST LOCATED ON THE NORTHEAST OF CORNER OF IMMOKALEE ROAD(C.R.846)AND AND TRIANGLE BOULEVARD.THE 9-ACRE TRACT DESIGNATED AS-C-2 ON'HE COLLIER BOULEVARD IC,R.951).IN SECTIONS 13 Id 23.AND 24 TOWNSHIP 411 SOUTHWEST CORNER OF COLLIER BOULEVARD AND GRAND LELY DRIVE.AND SOIfTH.RANGE 76 FAST CON t IFP COUNTY F ORION. THE 2.32-ACRE TRACT DESIGNATED AS C-2 ON THE NORTHWEST CORNER OF TRIANGLE BOULEVARD AND CELESTE DRIVE.AS DEPICTED ON THE EXHIBIT el MASTER PLAN.THE SUBJECT PUD PROPERTY CONSISTS OF 2.892s ACHES. LOCATED BETWEEN U.S.41 Ake RATTLESNAKE-HAMMOCK ROAD WEST OF C-R. r 961.IN SECTIONS 21.22,27.28,33 AND 34.TOWNSHIP 50 SOUTH.RANGE 26 EAST,AND SECTION 3.TOWNSHIP Si SOUTH,RANGE 26 EAST.COLLIER COUNTY. FLORIDA. iktlaIRMEril o i tuner 3 ` et 4 LesAr.a = eteiaar m aMAr1eY j �'� aW.?x�i'E alAw _ rh�r. P i � `V4,r Ae interested parties are ewueo to appear an0 be rued. All menial used in 'QQ ,is presantatx;3v 00lore the Fleeing Eursine,ore become a ptemane't pan of the record. Al mteested parties ani invited to appear and he heard. A9 materiels used m Copies of staff repor are available ore weak poi to the hewing. the fee can he presentation before the Nearing Mornings WA become a immanent pan of one record, roylewisd at TEE Colley Cow^y Growde Manager rent Oeartma It.Zawvg Dre401. Zmung Services Section.2800 North Horuta to Dew Narks.FL. Copies of staff report we evalleble one was•not-to tome hear ng, The fie Can be reviewed at Ire Cale,Count,Gnwrh Management ueoatment.Zweig un lido. The Heamg Exan,fnars dsce0n M.romes lyra or the lase renioered. I°a pigeon Zoning SesOes Section.2800 Nath Hmsellhoe Om*Naples.FL decides to appal any Osco rn made b,The 0*11 Corea,Hearing Eaamhe.wast The Hearing Examiner s decrson becomes line on+ne date'ridded. II a moon to achy.mane conadereU r amh rrtee ng or hewing he oil dead a 1rGord of rec.ilea to apaead any oleos:°mate us Ire Lola Cove.h Herne Ls-amine,withthe(veneering and toe such Purpose he may Mel to ensue nut a verbatim record respect t0 any Innen,coneoeled at Sac"meeting Of nearahg,he retread a.Kind o1 01 the psornedaga a made*mid,word etchrdes this teste',Ony and P10ere 1POn mat proceeding.and for wen purpose he may need to ensure But a verbaten•ecord alto.),Int*Poeal is to be baled. 01 MC pIooredr'Js.5 male_any.,record nelulies the testimony end ev,innc1 Upon which the appeal g to be based. I you are a person watt a disabaay wh10 needs any actnannOdNpr r'orae tO Ot If you are a Pvt.,'',Eh E rlrba0d.ry Moo cacaos any accprnmotlel0n n Oeflrr t0 Padiclpale In the.Repertoire you at entitled,at no cost to you.to the peOvraas participate at this proceeding lou we entitled,at'Sc car to you.tP'n0 mos s0^of Leda,assestanca. Phase contact the Coarct County facAtw Management Nissan caner assistance.Please 000,001 the Coker C0u,"t Fendnies Management DamienNcaed at 3335 rer.h,am;Tail East Stale 10'.Naples.Florida 34112-6356.12391252. located at 3335 Tamram,Trail East Sane 101 Naples.Foroa 3451 2-5386.1239i 252-I 8160at least two days prim to Pis mubg. 8380.at least two days prof to 7e mewing. Mark Strain. I Mark Stran. Corel Hearing Examiner CMN Herring Exam net Coate Count;.Flos,da ICagier Cou^tyc Florae Jomill Mn aay11r1I ...ere M.! 11040011 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,January 26th,2017.in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. PDI-PL20160002759 - RACETRAC PETROLEUM, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 03-40, AS AMENDED. THE HERITAGE BAY PUD, TO AMEND SECTION I, LEGAL DESCRIPTION, PROPERT' OWNERSHIP AND GENERAL DESCRIPTION, BY ADDING THREE NEW SIGN DEVIATIONS FOR THE PARCEL DESCRIBED AS LOT 4, HERITAGE BAY COMMONS TRACT D REPLAT THE SUBJECT PUD PROPERTY CONSISTS OF 2,562± ACRES, LOCATED ON THE NORTHEAST OF CORNER OF IMMOKALEE ROAD(C.R.846)AND COLLIER BOULEVARD(C.R. 951), IN SECTIONS 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH,RANGE 26 EAST,COWER COUNTY, FLORIDA. F 5 C *AMOKALEE RO — O PROJ[CT tv� p LOCATION l CD 6 j GOLDEN GA7 E BLVD W All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department. Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples. FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida NO-1419150 January 6.2017 Petition No. PDI—PL20160002759 AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL NOTICE TO AFFECTED PROPERTY OWNERS 1. I hereby certify that pursuant to Subsections 10.03.05.8.8 and 10.03.05.B.10 of the Collier County Land Development Code, I did give notice of the public hearing before the Hearing Examiner scheduled for January 26, 2017 by U.S. mail to the affected property owners at the addresses provided to me by the Collier County Property Appraiser's Office on January 6, 2017. A copy of the list of addresses from the Collier County Property Appraiser's Office is attached to this Affidavit. 2. Copies of the letters mailed to the affected property owners are attached to this Affidavit. Dated this day of . ;c.J 2011 Si: ale + 'I S� Print N: e Prin tle 1 of2 STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) BEFORE ME, a duly authorized notary of the State of Florida, personally appeared Oldi - ��,( , who is personally known to me or produced Gtr(V U''S i Cec-Se. as identification, and under oath stated that the above is true and correct and to the best of his/her knowledge. t.o DATED this 27 day of ...iG ')u 6 , 201 7 r J .. s Notary, State of Florida mss• z *' (rr61 < < ()_inion 1yNotary Printed Name My commission expires:Eel r J 20 2 of 2 COLLIER COUNTY Growth Management Department January 6, 2017 Dear Property Owner: This is to advise you that because you may have interest in the proceedings or you own property located within 500 feet (urban areas) or 1,000 feet (rural areas) of the following described property, that a public hearing will be held by the Collier County Hearing Examiner (HEX), at 9:00 A.M. on January 26, 2017, in the Hearing Examiner's meeting room, Growth Management Building, 2800 North Horseshoe Drive, Naples, FL., to consider: Racetrac Petroleum, Inc. requests an insubstantial change to Ordinance No. 03-40, as amended, the Heritage Bay PUD, to amend Section I, Legal Description, Property Ownership and General Description, by adding three new sign deviations for the parcel described as Lot 4, Heritage Bay Commons Tract D Replat. The subject PUD property consists of 2,5621 acres, located on the northeast of corner of Immokalee Road (C.R. 846)and Collier Boulevard (C.R. 951), in Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida. [PDI-PL20160002759] You are invited to appear and be heard at the public hearing. You may also submit your comments in writing. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEX AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE HEX SHALL BE SUBMITTED TO THE COUNTY STAFF MEMBER NOTED BELOW A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HEX WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. Any person who decides to appeal a decision of the Collier County Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. Please contact the staff member noted below at(239)-252-2931 to set up an appointment if you wish to review the file. Sincerely, • Eric L.Johnson,AICP,CFM,LEED Green Associate Principal Planner Ems.::-'�� I II ... ni1° 11111 :. 1.�L.. 11/11%■ � all Ill ri‘k INIIlifilwejlj"Ii111111.111111:;71111416"71-1::: �� rii 111111 I/ E ',. cu 1 'I'Illikweil 2 1111 / I_ f ` 1f a ,ringrA-7,-.. -,-• ,, ,f,-,,,Ifil..----- ,t,„,--reffir- , _ •o BE e •�c ........r, __,-. plopirtf,„„.....„, ' -lip 7.7.-G _./ ;- •-.., 1 1 1_ • N- 11). ` !EIJIII �- T --,;_�,.��f.( — N �� ' a) / x'' 11 ■ ' 1 qt.-. . .. , ,,.,,,, . 1 I � :fir �.,r,,,�...,'.\d(,, 1�', ,,,,, ::.-1-":;:. - :II xCDN J Z N .Q E Z O > co--' ^a) L.i. w W /1 C a o 2 I~ Z a� 0 V �_ m Q d j E CZ QA18 aa111o3 _ O 0 J o: = O -§ rt 0) cl) s ca) > m c a Logan BLVD N S 0A'18 ue6oi Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of Laws section 2-83—2-90 Ch.3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): RaceTrac Petroleum, Inc. Address: 3225 Cumberland Blvd. Suite 100 City: Atlanta State: GA ZIP: 30339 Telephone: (770) 431-7600 Cell: Fax: (770) 431-3953 E-Mail Address: thardy@racetrac.com Name of Agent: John T. Wojdak, P.E. Folio#:49660084524Section: 23 Twp: 48 Range: 26 Firm: DeLisi Fitzgerald, Inc. Address: 1605 Hendry Street city: Ft. Myers State: FL ZIP: 33901 Telephone: (239) 418-0691 Cell: Fax: (239) 418-0692 E-Mail Address: john@delisifitzgerald.com 6/17/2015 Page 1 of 5 C0 6Y County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ■ Yes No 1. If applicant is a land trust, so indicate and name the beneficiaries below. 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) RaceTrac Petroleum, Inc. Brian Thornton Vice President of Real Estate&Engineering DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: Heritage Bay ORDINANCE NUMBER: ORD 03-40 FOLIO NUMBER(S): 49660084524 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? UI Yes ❑ No 6/17/2015 Page 2 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 If no, please explain: Has a public hearing been held on this property within the last year? • Yes No If yes, in whose name? RaceTrac Petroleum, Inc.; CCPC Resolution 16-01 Has any portion of the PUD been ❑■ SOLD and/or • DEVELOPED? Are any changes proposed for the area sold and/or developed? • Yes I I No If yes, please describe on an attached separate sheet. 6/17/2015 Page 3 of 5 Co er County b COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County website) 16 0 ❑ Pre-Application Meeting notes 1 ❑ Q Project Narrative, including a detailed description of proposed changes 16 ❑ ❑ and why amendment is necessary Detail of request 16 n Current Master Plan & 1 Reduced Copy 6 ❑ Revised Master Plan & 1 Reduced Copy 16 X ❑ Revised Text and any exhibits 6 n n PUD document with changes crossed through &underlined 16 n n PUD document as revised with amended Title Page with Ordinance# n ❑ X Warranty Deed 16 ❑ ❑ Legal Description 16 ❑ ❑ Boundary survey, if boundary of original PUD is amended I I 0 If PUD is platted, include plat book pages ❑ n List identifying Owner&all parties of corporation 2 ❑ ❑ Affidavit of Authorization,signed & notarized 2 0 ❑ Completed Addressing Checklist 1 n ❑ Copy of 8%2 in. x 11 in. graphic location map of site 1 X ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials ❑ 0 to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/17/2015 Page 4 of 5 Cotler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director ❑ Utilities Engineering: Kris VanLengen ❑ Parks and Recreation:Vicky Ahmad ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority:Ted Soliday ❑ Conservancy of SWFL: Nichole Ryan ❑ Other: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: FEE REQUIREMENTS X PUD Amendment Insubstantial(PDI):$1,500.00 Ei Pre-Application Meeting:$500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 The completed application, all required submittal materials,and fees shall be submitted to: Growth Management Department/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 A _> ft 6 /6. App ant/Owner Signature Date Brian Thornton Applicant/Owner Name(please print) 6/17/2015 Page 5 of 5 DELISI FITZGERALD, INC. Planning-Engineering-Project Management HERITAGE BAY PDI - RACETRAC (RACETRAC AT BELLAIRE BAY) NARRATIVE FOR: INSUBSTANTIAL CHANGE TO PLANNED UNIT DEVELOPMENT Introduction: This application is for an Insubstantial Change to the Heritage Bay Planned Unit Development (PUD) for the RaceTrac convenience store with gasoline sales station located on the northwest corner of Immokalee Road and Bellaire Bay Drive in Naples, Florida. The request is to make text changes in the PUD under the Commercial Development Regulations section for the RaceTrac property. Each proposed change is • further described below. Adjacent Uses: The RaceTrac property is located in the Heritage Bay PUD which includes both residential and commercial uses. Specifically, the project is known as Lot 4, of the Cameron Commons Commercial Subdivision within the Activity Center area in the southwest corner of the overall PUD. To the north of the property is a platted private right-of-way, Sage Avenue, with vacant commercial on the other side. To the east of the property is Bellaire Bay Drive with an existing lake across the street. Directly to the south is the Immokalee Road drainage canal right-of-way, south of the canal is the Immokalee Road right-of-way with Bent Creek Preserve RPUD across the street. Lastly to the west is vacant commercial within the Heritage Bay PUD. Existing Heritage Bay PUD: The Heritage Bay PUD consists of residential, commercial, recreational, and preserve areas. The project is located within the Activity Center portion of the PUD which currently consists of a combination of built and vacant commercial and multifamily residential. Bellaire Bay Drive is an existing right-of-way that bi-sects the Activity Center and provides access to the subject project. There is a platted private internal right-of-way, Sage Avenue, to the north of the subject project, which is currently under construction with connections to Bellaire Bay Drive and Goodland Bay Drive. Sage Avenue will also provide access to the subject project. Proposed PUD Changes: As required by Chapter 3.G. of the Collier County Administrative Code a detailed description of the proposed changes along with a justification for each is provided below. Please note that these changes are limited to the RaceTrac property (Lot 4). Deviation Request 1: Section 5.05.05.C.4.b. (Canopy Sign Area) Collier County LDC Section 5.05.05.C.4.b. which limits Facilities with Fuel Pumps to one (1) illuminated corporate logo with a maximum area of twelve (12) square feet on a canopy face which is adjacent to a dedicated street or highway, to instead allow a fifty (50) square foot corporate logo on the canopy facade facing the Immokalee Canal right-of-way and a thirty (30) square foot corporate logo on the facades facing Bellaire Bay Drive and the vacant commercial parcel to the west. Justification 1: RaceTrac Petroleum, Inc. does not have a corporate logo similar to some other corporate gas station companies. The corporate logo for RaceTrac is their name and by limiting their logo to the allowed twelve (12) square feet results in an 8.4 foot wide sign with 1.4 foot high letters. With their letter size reduced the sign would be difficult to read on the canopy and possibly unrecognizable. The requested canopy signs are shown in the enclosed Sign Package. In addition, RaceTrac wishes to have a recognizable appearance in Collier County. This recognition is important for motorists traveling on Immokalee Road who wish to enter the RaceTrac. The signage needs to be recognizable from a distance so drivers can safely maneuver as needed to enter the Project. Immokalee Road, located on the south side of the Immokalee canal, is a 6-lane divided arterial with a 50 MPH posted speed. At this speed, vehicles travel over 80 feet per second. Allowing the drivers to recognize the destination in time to safely maneuver to the needed turning movements is a critical element of the canopy signage. The enclosed Canopy Sign Legibility Exhibit illustrates the typical viewer reaction distance and sign legibility distance for motorists. There are no negative impacts anticipated as a result of this request. Deviation Request 2: Section 5.05.05.C.4.b. (Number of Canopy Signs) Collier County LDC Section 5.05.05.C.4.b. which limits Facilities with Fuel Pumps to placing an illuminated corporate logo on a canopy face which is adjacent to a dedicated street or highway to allow one (1) additional illuminated corporate logo on the west canopy facade facing the vacant commercial outparcel. Justification 2: The subject project is located along three (3) dedicated streets, Bellaire Bay Drive to the east, Sage Avenue to the north and Immokalee Road to the south. The applicant is proposing a canopy sign facing Bellaire Bay Drive to the east. However the site layout is such that the convenience store building is located between the proposed fuel canopy and Sage Avenue to the north. Please reference the enclosed Concept Plan associated with the PDI which provides a better illustration of the site playout. Therefore no RaceTrac at Bellaire Bay - 2 - Insubstantial Change to the PUD illuminated corporate logo is proposed on the north canopy facade facing Sage Avenue. The majority of potential customers will be traveling on Immokalee Road and in order to notify these potential customers the applicant is instead requesting to place their corporate logo on the south and west facades to be visible to the traveling public on Immokalee Road. The west canopy facade is not adjacent to a dedicated street however it will be seen from potential customers traveling eastbound on Immokalee Road. As previously stated there is an existing 100' wide canal right-of-way directly south of the RaceTrac property that limits the property's visibility from Immokalee Road. The proposed location of the canopy sign on the west facade is on the southern end closest to the Immokalee Canal right-of-way. This west facing canopy sign allows those eastbound customers to see the store sooner giving them more time to make necessary lane changes to safely enter the site. Furthermore the property to the west of the proposed project is within the same Heritage Bay PUD and is vacant commercial. No negative impacts are anticipated as a result of this request. Deviation Request 3: Section 5.05.05.C.4.c (Monument Sign Area) Collier County LDC Section 5.05.05.C.4.c which limits facilities with fuel pumps to one ground sign with a maximum area of 60 square feet and maximum height of 8 feet to allow a 100' square foot ground sign with a height of 12'. justification 3: The Immokalee Road right-of-way has an additional 100 feet canal right-of-way directly adjacent to the road right-of-way. This additional canal right-of-way creates an offset from the sign to the traveling motorist on Immokalee Road of over 150'. The maximum allowed sign per the LDC will not be visible to the traveling public in sufficient time to recognize the destination within a sufficient distance to make a safe maneuver to exit the travel-way. The 12-foot tall, as measured from the base of the sign, 100 SF sign offsets the sight limitations of this additional 75 foot distance. Furthermore the standard sign code for Nonresidential Districts, under LDC Section 5.06.04.F.1.a., states that the maximum allowable height for ground signs located along an arterial or collector road is 15'. Therefore the ground signs located along Immokalee Road in nonresidential districts will be allowed the maximum height of 15'. The proposed sign will match the architectural features of the primary structure and be located within an undulating landscape buffer along the frontage. No negative impacts are anticipated as a result of this request. RaceTrac at Bellaire Bay - 3 - Insubstantial Change to the PUD INSTR 5257883 OR 5266 PG 1808 RECORDED 4/27/2016 9:44 AM PAGES 6 DWIGHT E. BROCK,CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC©.70$12,775.00 REC$52.50 CONS$1,825,000.00 This instrument prepared by after recording return to: Corporate Counsel—Real Estate RaceTrac Petroleum,Inc. 3225 Cumberland Blvd.,Suite 100 Atlanta,GA 30339 This space reserved for Recorder's use only. 49660084524 Property Appraiser's Parcel ID Number SPECIAL WARRANTY DEED THIS INDENTURE is made as of the /`f`''+day of r L , 2016 by CAMERON PARTNERS II, LLC, a Florida limited liability company ("GRA TOR"), whose address is c/o Thomas C. Carollo, Manager, 11586 Quail Village Way, Naples, Florida 34117, to RACETRAC PETROLEUM, INC., a Georgia corporation ("GRANTEE"), whose address is 3225 Cumberland Boulevard, Suite 100, Atlanta, Georgia 30339. WITNESSETH: GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and for other good and valuable consideration in hand paid by GRANTEE to GRANTOR at and before the sealing and delivery hereof, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and does hereby grant, bargain, sell, alien, convey and confirm unto the said GRANTEE all that tract or parcel of land lying and being in Collier County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Land") TOGETHER WITH all buildings and other improvements and fixtures situated thereon or attached thereto and all tenements, hereditaments, improvements, appurtenances, rights, privileges, easements, licenses, benefits and rights-of-way appurtenant to, benefiting, or pertaining to the Land (hereinafter collectively called the"Property"). AND GRANTOR covenants and warrants unto GRANTEE that GRANTOR is lawfully seized and possessed of the entire fee simple estate in and to the Property; that the Property is free and clear of all liens, encumbrances, easements and restrictions of every nature and description, except as disclosed on Exhibit "B" (the "Permitted Exceptions"); that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor hereby warrants the title to the Property, subject to the Permitted Exceptions, and will defend the same against the lawful claims of all persons claiming by, through or. under Grantor, but no other. TO HAVE AND TO HOLD the Property, together with all and singular the rights, easements, members and appurtenances thereof to the same being, belonging or in anywise appertaining,to the only proper use, benefit and behoof of GRANTEE forever in FEE SIMPLE. IN WITNESS WHEREOF, GRANTOR has caused this deed to be signed, sealed and delivered as of the day and year first above written. 7 Signed, sealed and delivered CAMERON •A- --S II, 0- in theroesence of: a Florida li' ited lF iIity co,06. y .40 `Tint Name: f~1.0 A6LA v f H VI tet-,4n By: Off- PA , allin"Th s C. /olio, Manager Print NameDebo S.D. ' STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this!/;�-day of I at. , 2016 by Thomas C. Carollo, as Manager of Cameron Partners II, LLC, a Florida limited fia6ility company. He is personally known to me or has produced as identification and who did (did not) take an oath. AIThLY Notary Public Printed Name: Deborah&Davis-Gonzalez My Commission Expires: [NOTARY SEAL] Atroas _ Nlflry, DEBORAH S.DAVIS-GONZALEZ ;r Commission#FF 049964 Exhibit"A" Legal Description of the Property LOT 4, HERITAGE BAY COMMONS-TRACT D REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 58, PAGES 2-5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT D, HERITAGE BAY COMMONS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 4, HERITAGE BAY COMMONS -TRACT D REPLAT; THENCE N.89°58'23'W., ALONG THE SOUTH LINE OF SAID PLATS, FOR A DISTANCE OF 277.72 FEET; THENCE N.00°01'36"E., ALONG THE WEST LINE OF SAID LOT 4, FOR A DISTANCE OF 234.56 FEET; THENCE N.90°00`00"E., ALONG THE NORTH LINE OF SAID LOT 4, FOR A DISTANCE OF 310.66 FEET TO THE WESTERLY RIGHT OF WAY OF BELLAIRE BAY DRIVE, A VARIABLE WIDTH RIGHT OF WAY; THENCE S.45°28'37"E., ALONG SAID WESTERLY RIGHT OF WAY, FOR A DISTANCE OF 11.82 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°25'52", A CHORD BEARING OF S.01°45'51"E., A CHORD LENGTH OF 138.21 FEET AND AN ARC LENGTH OF 152.59 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°09'16", A CHORD BEARING OF S.29°52'18"W., A CHORD LENGTH OF 83.69 FEET AND AN ARC LENGTH OF 84.31 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 140.00 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°37'58", A CHORD BEARING OF S.14°28'41"W., A CHORD LENGTH OF 16.20 FEET AND AN ARC LENGTH OF 16.21 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 75,703 SQUARE FEET, 1.74 ACRES, MORE OR LESS Exhibit"B" Permitted Exceptions 1. Taxes and assessments for the year 2016 and subsequent years, not yet due and payable. 2. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of HERITAGE BAY COMMONS - TRACT D REPLAT, as recorded in Plat Book 58, Page(s) 2-5, Public Records of Collier County, Florida. 3. An Oil, Gas and Sulphur lease executed by Gulf Coast Realties Corporation, a Delaware corporation as lessor and Peninsular Oil and Refining Company as lessee, recorded December 20, 1940 in Miscellaneous Book 9, Page 560, Public Records of Collier County, Florida, as affected by: Assignment in favor of Darron Collier and Hiles Collier recorded October 2, 1952 in Deed Book 25, Page 112, Amendment to and Ratification of Oil, Gas and Mineral Lease recorded April 16, 1991 in Book 1608, Page 309, Assignment, Bill of Sale and Quitclaim Deed recorded March 17, 1993 in Book 1806, Page 331, Assignment, Bill of Sale and Quitclaim Deed recorded March 17, 1993 in Book 1806, Page 383, Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1302, Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1306,Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1309, Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1312, Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1316, Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1319, Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1323,Assignment and Bill of Sale recorded May 23, 1994 in Book 1950, Page 152, Assignment and Bill of Sale recorded May 23, 1994 in Book 1950, Page 156, Memorandum of Agreement to Purchase and Sell recorded May 23, 1994 in Book 1950, Page 160, Agency and Assignment of Production Agreement recorded May 23, 1994 in Book 1950, Page 210, Assignment, Bill of Sale and Quitclaim Deed recorded December 19, 1994 in Book 2012, Page 1339, Assignment and Bill of Sale recorded August 4, 1995 in Book 2086, Page 146, Assignment and Bill of Sale recorded August 28, 1995 in Book 2093, Page 1716, and Assignment and Bill of Sale recorded August 28, 1995 in Book 2093, Page 1721, aforesaid records. 4. An Oil, Gas and Mineral lease executed by Miles Collier and Barron Collier, Jr., joined by their respective spouses Isabel Collier and Barbara Collier as lessor and Humble Oil & Refining Company as lessee, recorded August 3, 1952 as Deed Book 24, Page 385, as affected by: Assignment of 1148th Overriding Royalty Interest dated July 21, 1952 and recorded in Deed Book 29, Page 341, Rental Stipulation Agreement recorded January 8, 1957 in Book 1, Page 262, Deed recorded October 12, 1959 in Book 51, Page 82, Oil, Gas and Mineral Deed recorded January 21, 1964 in Book 160, Page 11, Oil, Gas and Mineral Deed recorded January 21, 1964 in Book 160, Page 39, Supplemental Oil, Gas and Mineral Deed recorded October 21, 1964 in Book 177, Page 305, Supplemental Oil, Gas and Mineral Deed recorded October 21, 1964 in Book 177, Page 312, Oii, Gas and Mineral Deed recorded September 25, 1980 in Book 884, Page 1555, Correction to Oil, Gas and Mineral Deed recorded December 3, 1981 in Book 949, Page 367, Deed recorded July 8, 1982 in Book 979, Page 459, Deed recorded July 14, 1987 in Book 1282, Page 70, Oil, Gas and Minerals Deed recorded January 31, 1989 in Book 1413, Page 945, Oil, Gas and Minerals Deed recorded January 31, 1989 in Book 1413, Page 1078, Oil, Gas and Minerals Deed recorded November 6, 1989 in Book 1482, Page 798, Oil, Gas and Mineral Deed recorded September 12, 2008 in Book 4393, Page 2345, Affidavit recorded December 23, 2008 in Book 4415, Page 2629, Corrective Affidavit recorded January 12, 2009 in Book 4419, Page 1279, and Notice of Interest in Land Pursuant to Florida Statutes Section 704.05 and Florida Statutes Chapter 712 recorded July 14, 2010 in Book 4586, Page 412, aforesaid records. 5. Oil, gas and mineral reservations contained in Deed from Barron Collier, Jr. and Miles Collier, joined by Barbara M. Collier, wife of Barron Collier, Jr., and Isabel U. Collier, wife of Miles Collier, recorded October 5, 1953 in Deed Book 30, Page 91, as affected by: Oil, Gas and Mineral Deed recorded January 21, 1964 in Book 160, Page 11, Oil, Gas and Mineral Deed recorded January 21, 1964 in Book 160, Page 39, Supplemental Oil, Gas and Mineral Deed recorded October 21, 1964 in Book 177, Page 305, Supplemental Oil, Gas and Mineral Deed recorded October 21, 1964 in Book 177, Page 312, Oil, Gas and Mineral Deed recorded September 25, 1980 in Book 884, Page 1555, Correction to Oil, Gas and Mineral Deed recorded December 3, 1981 in Book 949, Page 367, Deed recorded July 8, 1982 in Book 979, Page 459, Deed recorded July 14, 1987 in Book 1282, Page 70, Oil, Gas and Minerals Deed recorded January 31, 1989 in Book 1413, Page 945, Oil, Gas and Minerals Deed recorded January 31, 1989 in Book 1413, Page 1078, Oil, Gas and Minerals Deed recorded November 6, 1989 in Book 1482, Page 798, Oil, Gas and Mineral Deed recorded September 12, 2008 in Book 4393, Page 2345, Affidavit recorded December 23, 2008 in Book 4415, Page 2629, Corrective Affidavit recorded January 12, 2009 in Book 4419, Page 1279, aforesaid records. 6. Oil, Gas and Mineral Reservations,together with any unrecorded agreements set forth and contained in Deed from Brace Corporation, a Florida corporation recorded May 23, 1955 in Deed Book 40, Page 39, as affected by: Deed recorded October 12, 1959 in Book 51, Page 82, Oil, Gas and Mineral Deed recorded January 21, 1964 in Book 160, Page 39, Supplemental Oil, Gas and Mineral Deed recorded October 21, 1964 in Book 177, Page 312, Oil, Gas and Mineral Deed recorded September 25, 1980 in Book 884, Page 1555, Correction to Oil, Gas and Mineral Deed recorded December 3, 1981 in Book 949, Page 367, Deed recorded July 8, 1982 in Book 979, Page 459, Deed recorded July 14, 1987 in Book 1282, Page 70, Oil, Gas and Minerals Deed recorded January 31, 1989 in Book 1413, Page 945, Oil, Gas and Minerals Deed recorded January 31, 1989 in Book 1413, Page 1078, Oil, Gas and Minerals Deed recorded November 6, 1989 in Book 1482, Page 798, Oil, Gas and Mineral Deed recorded September 12, 2008 in Book 4393, Page 2345,Affidavit recorded December 23,2008 in Book 4415, Page 2629, Corrective Affidavit recorded January 12, 2009 in Book 4419, Page 1279, and Notice of Interest in Land Pursuant to Florida Statutes Section 704.05 and Florida Statutes Chapter 712 recorded July 14,2010 in Book 4586, Page 412, aforesaid records. 7. An oil, gas and mineral lease executed by Wilfred J. Piper and wife Alida, and Lester T. Piper and wife Lucille as lessor and Gulf American Land Corporation as lessee, recorded September 30, 1965 in Book 199, Page 632, aforesaid records 8. Ordinances 75-20 (water), 75-21 (trees) and 75-24 (zoning) as recorded May 8, 1975 in Book 619, Pages 1177 through 1381, aforesaid records 9. Notice of Permit recorded November 25, 2003 in Book 3451, Page 123; South Florida Water Management District Environmental Resource Permit Notice recorded April 13,2004 in Book 3541, Page 1443; Notice of Permit recorded October 11, 2004 in Book 3658, Page 2012, and South Florida Water Management District Environmental Resource Permit Notice recorded May 15, 2008 in Book 4360, Page 2767, aforesaid records. 10. Notice of Adoption of the Heritage Bay DRI Development Order Development Order No. 03-01 recorded December 8, 2003 in Book 3458, Page 1787; Memorandum of Notice of Extension of Previously Approved Development of Regional Impact (DRI) recorded June 17, 2009 in Book 4462, Page 3155; Memorandum of Notice of a Second Extension of Previously Approved Development of Regional Impact (DRI) recorded April 26, 2010 in Book 4559, Page 2491; and Notice of Adoption of an Amendment to the Heritage Bay Development of Regional Impact(DRI) Development Orders No. 03-01 and 2011-02 recorded August 23, 2011 in Book 4712, Page 2001, aforesaid records. 11. Developer Contribution Agreement as set forth in instrument recorded August 18, 2004 in Book 3627, Page 3196, aforesaid records. 12. Declaration of Covenants, Conditions, Easements and Restrictions for Heritage Bay, which contains , provisions for a private charge or assessments,recorded January 20, 2006in Book 3968, Page 4031, as amended by Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations recorded July 3, 2008 in Book 4375, Page 1458, Amendment to Declaration of Covenants, Conditions, Easements and Restrictions for Heritage Bay recorded August 13, 2008 in Book 4386, Page 686, Subordination of Easement Interest recorded August 13, 2008 in Book 4386, Page 778, Subordination of Easement Interest recorded August 13, 2008 in Book 4386, Page 784, Subordination of Utility Interests recorded August 29, 2008 in Book 4390, Page 27, Subordination of Utility Interests recorded September 30, 2008 in Book 4397, Page 1763, Subordination of Easement Interest recorded May 7, 2009 in Book 4450, Page 1408, and Subordination of Easement Interest recorded July 22, 2009 in Book 4474, Page 1765, aforesaid records. 13. Declaration of Covenants, Conditions and Restrictions for Heritage Bay Commons, which contains provisions for a private charge or assessments, recorded February 7, 2006 in Book 3978, Page 2824, as amended by Amendment to the Declaration of Covenants, Conditions and Restrictions for Heritage Bay Commons recorded September 3, 2008 in Book 4390, Page 2919, Amendment to the Declaration of Covenants, Conditions and Restrictions for Heritage Bay Commons recorded November 17, 2010 in Book 4624, Page 2613, and Third Amendment to Declaration of Covenants, Conditions and Restrictions for Heritage Bay Commons recorded December 26, 2013 in Book 4995, Page 2034, aforesaid records. 14. Confirmation and Acknowledgement of Development Rights as set forth in instrument recorded July 22, 2011 in Book 4703, Page 2507, and Assignment of Development Rights recorded July 22, 2011 in Book 4703, Page 2514, and Assignment of Development Rights recorded December 1, 2014 in Book 5098, Page 2233, aforesaid records. 15. Declaration of Restrictive Covenant as set forth in instrument recorded August 14, 2014 in Book 5067, Page 2813, aforesaid records. 16. Declaration of Easements, Covenants and Restrictions for Cameron Commons II, which contains provisions for a private charge or assessments, recorded January 27, 2015 in Book 5115, Page 940, aforesaid records. 17. Declaration of Restrictive Covenants as set forth in instrument recorded in Book 5168, Page 603, aforesaid records. DELISI FITZGERALD, INC. Planning-Engineering-Project Management Legal Description & Location Map Parcel ID: 49660084524 Description: HERITAGE BAY COMMONS TRACT D REPLAT LOT 4 i a l" Quartz LN y� i"y' . O fl, Dap DR ""'"""' . Year sem+ j F / c}, Sago AYC neo ' p p fa 1 ems' � �. wo L - - trimxakaicnRO .. ,._..�:.:�._ S_ # x s.,�. 1Vooanursr OR u:n .4 1 , ! L.r.i _.._d..'...wmr d �y ..r /"mit .�? 1605 Hendry Street ° Fort Myers,FL 33901 ° 239-418-0691 -239-418-0692 fax Cer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) El BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) El SDPA(SDP Amendment) El Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) El FP(Final Plat ❑ SNR(Street Name Change) El LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans &Plat Review) ❑ VA(Variance) El PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) E OTHER PDI LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) See attached S23 T48 R26 FOLIO(Property ID) NUMBER(s)of above(attach to, or associate with, legal description if more than one) 49660084524 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 9089 Immokalee Road • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(if applicable) RaceTrac at Bellaire Bay PROPOSED STREET NAMES(if applicable) N/A SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# Co ger County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for, or already appearing in, condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: El Email ❑ Fax ❑ Personally picked up Applicant Name: John T. Wojdak, P.E. Phone: (239) 418-0691 Email/Fax:john@delisifitzgerald.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY Folio Number 49660084524 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:_ _ Date: 10/6/2016 Updated by: t Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PDI—PL20160002759 I, Milarn (print name), as President (title, if applicable)of Ra eTrac Petroleum.Inc. (company, If a plicable), swear or affirm under oath, that I am the(choose one)owner ✓ applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Det_fsi Fitzgerald,Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. Pres. or v. pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated i it are true. / O//3P& Signature Date STATE OF ftORTDA ciecr-jI COUNTY OF G IER'6iti4Yelf The foregoing instrument was sworn to(or affirmed)and subscribed before me on 1q/o/it, (date) by �r 1 1► a-►"n tit i IM (name of person providing oath or affirmation), as who is personally known to e o ho ha- produ -• (type of identification)as identification. STAMP/SEAL Signatu " of Nota 'ublic ...nom CP\08-C0A-00115155 REV 3124/34 DELIS! FITZGERALD, INC. Planning-Engineering-Project Management Racetrac @ Bellaire Bay Neighborhood Meeting Minutes Date: November 18, 2015—4:30 P.M.—7:00 P.M. Location: Peace Lutheran Church—9850 Immokalee Rd, Naples, FL 34120 Racetrac Petroleum, Inc. Presenters: Tom Hardy, Senior Project Manager Andrew Fitzgerald, P.E., Engineering Consultant Sam Foisie, E.I., Engineering Consultant Collier County Representative: Eric Johnson, Principal Planner 15 Meeting Attendees There were two presentations given at the meeting. Tom Hardy arrived to the meeting at 4:30 p.m. followed by Eric Johnson at 4:37 p.m. Drew Fitzgerald and Sam Foisie arrived after the start of the first presentation at 5:03 p.m. The first presentation began at 4:45 p.m. with Tom Hardy of Racetrac Petroleum, Inc. explaining to the attendees that Racetrac has filed an application to Collier County to request deviations from gas station setback requirements and the signage code. During the introduction of the project Mr.Johnson read approved list of uses in the PUD. Mr. Hardy explained the purpose of the application was to apply for deviations to support construction of one of its new 5,488 square feet prototypical stores with sixteen (16) fueling positions at the northwest intersection of Immokalee Road and Bellaire Bay. Mr. Hardy proceeded to present a series of seven (7) presentation boards (see attached) to the attendees describing the location of the site, explaining the site plan, building and canopy elevations, pictures of the interior of the new prototype, and a conceptual landscape plan for the property highlighting the buffers for the property. Mr. Hardy then opened the floor to the attendees for questions and comments. Many of the attendees asked duplicate questions or provided similar statements. A summary of the main issues brought up by the attendees, and responses provided by Racetrac, is provided below. Action items pursued by the applicant in response to concerns by the attendees are provided 1.) A question was asked about the landscaping buffer on the north side of the property. Response: The applicant stated that RaceTrac is requesting a deviation from the required rear setback. As of now they the PUD requires RaceTrac to follow the gas station code for setbacks. They are required to have a 40 foot setback and they are requesting it to be 25 feet. To support this deviation, Mr. Hardy explained that they were going to have a three (3)foot high berm with 12 to 14 feet high trees on top of it. These trees are taller than what is required by code. Also there will be a continuous 5 foot tall line of shrubs. (The landscaping was one of the two major concerns of the public) 2.) A question was asked about what kind of trees will make up the landscape buffer. 1 Response: The applicant described the tree species that RaceTrac would normally use. The attendees expressed that they would like foliage that stays full year round. Mr. Hardy said he would take into consideration for their proposal. (The landscaping was one of the two major concerns of the public) 3.) A question was asked of RaceTrac why they did not want to put a wall in the north setback, like they have done on other projects in Collier County. Response: The applicant explained that they put a wall in the setback when they were directly next to residential. At the Bellaire Bay location they have a right-of-way, future commercial property and proposed assisted living between them and the closest residential property. (The landscaping was one of the two major concerns of the public) 4.) Several attendees expressed concern about adding a traffic signal at the Collier Blvd and Immokalee Rd intersection, and the lack of a traffic signal at the Bellaire Bay and Immokalee Rd intersection Response: The applicant explained that RaceTrac would love to put a traffic signal at Bellaire Bay and Immokalee Rd. Mr. Hardy then explained that Collier County would not allow a traffic signal until the warrants for a signal are being met at the intersection. (The traffic signal was one of the two major concerns of the public) 5.) An attendee asked about lighting for the project. Response: The applicant explained that RaceTrac uses LED lights so that it is focused beam. He also said that the bulb is shielded and will not be able to be seen directly. Mr. Hardy explained that because the bulbs are focused they will be bright if you are in the parking lot but if you are outside the property line it will be dark. RaceTrac also dims their lighting at night to conserve energy and to have as little impact on the neighboring properties as possible. 6.) An attendee asked about the 24 hour store operating time and the amount of costumers it generates. Response: The applicant explained that it is a 24 hour store, but because it is not directly next to 1-75, it generates less overnight visits than a store that is next to 1-75. Mr. Hardy stated that the overnight visits are minimal but enough to stay open. He also said that the store employees use this time to clean the inside of the store, and also pick up any garbage that may have accumulated outside. 7.) An attendee also asked about the deliveries in regards to if they would ever take place at night. 2 Response: The applicant stated that the store deliveries normally happen between 8am and 5pm. The fuel deliveries take place at a wider range of hours, and Mr. Hardy could not guarantee that they would not take place at late evening or in the morning. However he did state that they are normally between 7am to 10pm. 8.) An attendee representing a community within Heritage Bay PUD expressed concern that having a gas station in close proximity will raise the community's insurance rates. Response: The applicant stated that he has never had that question before. He also stated that he believed the community is outside of the radius that will affect the insurance rate. Mr. Hardy will research the question further. 9.) An attendee stated that they were concerned with the underground tanks being close to a water source. Response: The applicant assured them that RaceTrac uses a design that meets all applicable regulations. The tanks are double walled and have sensors in them that sound alarms if the pressure changes. In conclusion the general consensus of the room was not opposed to the RaceTrac being built. There was concern with the landscape buffer and not wanting to be able to see the store from their homes. Mr. Hardy explained that the thicker and taller buffer will take care of this issue. The main concern of the public was the traffic at the Immokalee intersections. RaceTrac was in agreement with the public and would like to build a traffic signal at the Bellaire Bay intersection. If further information is needed about each question it can be found on the audio recording of the meeting. The second recording has Mr. Hardy's entire presentation, as well as the two attendees that came in after the first presentation was completed. The first recording has the public questions and comments with Mr. Hardy's responses. 3 .\ \ N MI e'1 \\ "y, \ \ WFI I I IiE \ ',,,,,,,,,,‘,,\ %.1.1, LOT8 \'. 'P•c! ' --- S EX.WATER MAIN TRACT W-1 \\\�,\` tib,p<e ",�1,/ \ '"EX.DRAIANGE EX.FORCE MAIN \) /qPL \PEDESTRIAN (TYP) rr ACCESS(TYP) F , ,, I-- r,, ti' --_.,. EX.GRAVITY SEWER PROPERTY\ '1 SAGE AVENUE \�` Sb'I�IOi'r-bF-WAY(PRIVATE) 310.7 BOUNDARY \, ®tom s... a m — 'r .1. _��` ' 1 25'TYPED' 25'SETBACK 1 ��, ' BUFFER I � 25' S I I TYPED' z �' \BUFFER `,, PROPERTY I i \ RACETRAC / BOUNDARY z �� Z 2 �\ I MARKET LLLU 1 re a II 'I I 1 1111 1 a E E, DUMPSTER I g =.�r m a LOCATION I 1 w w I. L i�J r / 5 in b PARKING PARKING ) •gy ma �JJJ•••- ,,..,� 1•1 ,,� LOT 3 g LOT 4 PEDESTRIAN J // ACCESS / (TYP.) // u. `) SS� TRACT L-3 CANOPY 1 / ; ' 'OPP ,; PROPOSED 20'SETBACK )/ • / EXISTING/' ' ACCESS TO L\ /J SIDEWALIt BELLAIRE BAY DRIVE R.O.W. i' PERMIT WILL BE \ 50'SETBACK REQUIRED AT THE TIME OFF SDP APPROVAL FOR 15'ENHANCED ©MONUMENT SIGN—I- ;ll I I I ; NEW DRIVEWAY TYPE'D'BUFFER LJ _ __1. CONNECTION__ EXISTING PEDESTRIAN TRAIL --i 'i ; 277.7' S PROPERTY 100'CANAL RIGHT-OF-WAY BOUNDARY I I I co l h I, r. 4 _ I IMMOKALEE ROAD 100'RIGHT-OF-WAY(PUBLIC) OWNER/DEVELOPER: RACETRAC PETROLEUM,INC. DELISIITZGERALD, INC.' ATZIANtABGA3A0N33D9VD.suRE,00 CONCEPT PLAN (/7lp 431-7600 Planning-Engineering-Project Management PROJECT: 1605 HendryStreet 1 Project Number: 21352 RaceTrac / Part of Section(s): 23 Fort Myers,nd FL Street // 239.-418-0691•239-418-6692 fax Township: 48 S Range: 26 E Florida Certificate of Authorization: HERITAGE BAY PDI - RACETRAC County,State: COLLIER COUNTY,FL Engineering LB#.26978 (EPN #1166 - STORE#2439) Sheet Number: 1 of 3 PROPERTY DEVELOPMENT REGULATIONS" SITE DESIGN REQUIREMENT REQUIREDI1I PROPOSED MINIMUM LOT AREA 30,000 SF 75,794 SF MINIMUM LOT WIDTH 150 FT 235 FT MINIMUM LOT DEPTH 180 FT 294 FT `(1) PER LDC SECTION 5.05.05.9.1. J BUILDING/CANOPY DESIGN STANDARDS -N r LANDSCAPE BUFFER REQUIREMENTS " FOR FACILITIES WITH FUEL PUMPS PROPERTY LINE WIDTH REQUIRED WIDTH PROPOSED DESIGN STANDARD REQUIRED PROPOSED NORTH Itl 25' 25' NORTH SETBACK(FRONT YARD)(1) 25' 25' EAST Ill 25' 25' SOUTH SETBACK(FRONT YARD) 50' 50' SOUTH(2) 15' 15' WEST SETBACK(SIDE YARD)Itl 20' 20' WEST 121 15' 15' EAST SETBACK(FRONT YARD) 50' 50' (1) PER LDC SECTION 5.05.05.E.1 FACILITIES WITH FUEL PUMPS NOTE: RIGHT-OF-WAY LANDSCAPE BUFFER. FOR ALL OTHER USES IN ACTIVITY CENTER COMMERCIAL (2) PER CCPC RESOLUTION 16.01. J DISTRICT REFERENCE SECTION VI OF THE HERITAGE BAY PUD. (1) SETBACKS APPROVED UNDER CCPC RESOLUTION 16-01. J DEVIATIONS: 10 FROM SECTION 5.05.05.C.4.b.WHICH LIMITS FACILITIES WITH FUEL PUMPS TO ONE(1)ILLUMINATED CORPORATE LOGO WITH A MAXIMUM AREA OF TWELVE(12)SQUARE FEET ON A CANOPY FACE WHICH IS ADJACENT TO A DEDICATED STREET OR HIGHWAY,TO INSTEAD ALLOW ONE FIFTY(50)SQUARE FOOT CORPORATE LOGO ON THE CANOPY FACADE FACING THE IMMOKALEE CANAL RIGHT-OF-WAY AND TWO(2)-THIRTY(30)SQUARE FOOT CORPORATE LOGOS,ONE(1)ON THE FACADE FACING BELLAIRE BAY DRIVE AND ONE(1)ON THE VACANT COMMERCIAL PARCEL TO THE WEST. FROM SECTION 5.05.05.C.4.b.WHICH LIMITS FACILITIES WITH FUEL PUMPS TO PLACING AN ILLUMINATED CORPORATE LOGO ON /'� A CANOPY FACE WHICH IS ADJACENT TO A DEDICATED STREET OR HIGHWAY,TO INSTEAD ALLOW ONE(1)ILLUMINATED CORPORATE LOGO ON THE WEST CANOPY FACADE FACING THE VACANT COMMERCIAL OUTPARCEL TO THE WEST.THE ONE (1)ILLUMINATED CORPORATE LOGO ON THE WEST CANOPY FACADE IS IN ADDITION TO THE CODE ALLOWED ILLUMINATED 12 CORPORATE LOGO ON A CANOPY FACE ADJACENT TO A DEDICATED STREET OR HIGHWAY. FROM SECTION 5.05.05.C.4.c WHICH LIMITS FACILITIES WITH FUEL PUMPS TO ONE GROUND SIGN WITH A MAXIMUM AREA OF 60 SQUARE FEET AND MAXIMUM HEIGHT OF LESS THAN 8 FEET ABOVE GRADE,TO INSTEAD ALLOW A 100 SQUARE FOOT GROUND SIGN WITH A HEIGHT OF 12 FEET ABOVE GRADE. OWNER/DEVELOPER: RACETRAC PETROLEUM,INC. SITE DATA & DELIS! F I T Z G E R A L ' , INC. 3ATIAMA GA 303 9BLW.SUITE 100 ,,0,431-76430 DEVIATIONS Planning-engineering-Prp .. Management i :,',,'':!!:',111;11,!, PROJECT: Project Number: 21352 16 5 He-t ryStreeC ir , Ra /� Part of Section(s): 23 Fart Myers,FL 33901 !1�,��IIIII1 RaceTrac. 239-418-0691 239 418-06921 : Township: 48 S I Range 26 E County,State: COLLIER COUNTY,FL FbriciaCertificete..afRuthofta.f a HERITAGE BAY PDI - RACETRAC Engineertn LB 26978 (EPN#1166 - STORE#2439) Sheet Number: 2 of 3 • N I- �X i wF 1 1 s n , dp\-- , , l _ ..., 7 r .. .._ ___________Th __ ____ L \ b ,,,, ____ ... ... ,. , r PROJECT s J/- • LOCATION .,.. , 3 iJ 7 5 /) . im -. 1 v IMMOKALEE ROAD t I u J P:13illb 1 - mob I 1111 [ I ' I b b 4I , 'W -_\ / J 11111\- :_(.. IH. 1iii F --\\______ U ill , ■ r ( li0 -b� N. \b OWNER/DEVELOPER:+ RACETRAC PETROLEUM,INC. DELIS! iTZGERAL[}, 1 C, 3225 3TIT1140.339gLW.SURE100 LOCATION MAP (770)431-7600 Planning-Engineering-Project Management PROJECT: 1605 Hendry Street / Q /� �r /� J) Project Number: 21352 Fort Myers,FL 33901 '..L7acel afj a J Part of Section(s): 23 239-418.0691-239-418-0692fax f Township: 48 5 I Range: 26 E Florida Certificate of Authorization• HERITAGE BAY PDI - RACETRAC „County,State COLLIER COUNTY,FL, Engineering LB#.26978 (EPN#1166 - STORE#2439) Sheet Number: 3 of 3 1 SECTION I, ENTITLED LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 03-04,AS AMENDED, IS HEREBY AMNEDED AS FOLLOWS: SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION ******** 1.11 THE FOLLOWING DEVIATIONS FROM THE LAND DEVELOPMENT CODE ARE APPROVED FOR THE PARCEL IN THE AC DISTRICT DESCRIBED AS LOT 4, HERITAGE BAY COMMONS TRACT D REPLAT ONLY ******** H. From Section 5.05.05.C.4.b. which limits facilities with fuel pumps to one (1) illuminated corporate logo with a maximum area of twelve (12) square feet on a canopy face which is adjacent to a dedicated street or highway, to instead allow one fifty (50) square foot corporate logo on the canopy facade facing the Immokalee Canal right-of-way and two (2) - thirty (30) square foot corporate logos, one (1) on the facade facing Bellaire Bay Drive and one (1) on the vacant commercial parcel to the west. I. From Section 5.05.05.C.4.b. which limits facilities with fuel pumps to placing an illuminated corporate logo on a canopy face which is adjacent to a dedicated street or highway, to instead allow one (1) illuminated corporate logo on the west canopy facade facing the vacant commercial outparcel to the west. The one (1) illuminated corporate logo on the west canopy fa ade is in addition to the Code allowed illuminated corporate logo on a canopy face adjacent to a dedicated street or highway. J. From Section 5.05.05.C.4.c which limits facilities with fuel pumps to one ground sign with a maximum area of 60 square feet and maximum height of less than 8 feet above grade, to instead allow a 100 square foot ground sign with a height of 12 feet above grade. Words underlined are added,words struck thru are deleted. DELISI FITZGERALD, INC. Planning-Engineering-Project Management RACETRAC AT BELLAIRE BAY INSUBSTANTIAL PLANNED DEVELOPMENT CHANGE LDC SECTION 10.02.13.E.1 CRITERIA Below are the Criteria for a Substantial Planned Development Change followed by a response indicating that this application does not meet the criteria for a Substantial Planned Development Change. a. A proposed change in the boundary of the PUD. • There are no proposed changes to the boundary of the PUD. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development. • There are no changes in the total number of dwelling units, the intensity of land use, or the height of buildings. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area. • There are no decreases in the preservation, conservation, recreation, or open space areas associated with this application. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses. • There are no increases in the size of the areas used for nonresidential uses, including institutional, commercial and industrial land uses, and there are no relocations of nonresidential land uses. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities. • There are no substantial increases in traffic generation, traffic circulation, or public facilities. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. • There are no land use changes. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges. • There are no changes that require an increase in stormwater retention or stormwater discharge. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use. • There are no changes to land use. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses. • There are no changes to the PUD that are inconsistent with the Future Land Use Element or Growth Management Plan and no changes which would increase the density or intensity of the permitted land uses. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13. • The PUD district is a DRI. The proposed changes are not substantial per F.S. 380.06 (19)(e)2. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. • There are no substantial modifications to the PUD. RaceTrac at Bellaire Bay - 2 - Insubstantial Change to the PUD g o CD CD -i Lk O = Z ei\i 1 NI Om 0 co Iti es r — 11 m 'V 3 h k;4 1 'qii p 2 4 51 cn i ii ,11 ill Evil IN 3g1 WWF 1 z3 y UJ N U 3 R -a Z Z z W N W N gI 2 > O Y O Y z W O O 1 w P U U 0 eeo®®e N s ' w i Z(`M J M /;/ 0Q ,I, L C o / , 0% '�,; - 11 / 0.0. � c rc ONINVd I 9/ S' J Z• re / s 0 , re ' i. z iti oo ii /, / ( it ONMatld , !i / 0 e1. gz."---, i j' / 1 li ! ii V w 3 II m I- o j LL , ii G O. i > �w z O i ii a0 O. W 2 /- w - e Y a 1 F " 0 a �a w� a a i x , ii W W> a� Z A 2 !' _1LL >a v c li $° .4 0 W LL U' O Cr I, 0 a V 11 2 en / o i i - G 2O N /• 1I Z\ CO o 11111 s. a ;I J I / 11 I : I ii" J =x= i^r�s lig A m - 1,2 in 0-4 t --;r lloaoS 8t lloaos�,81 A . .j — i1 01 N • eN1 i',4i-I . ,t ] 411VN Nn� valQ las ,041 i ''' t;...,CIIII ' gl ,b =-8 14 fir` . .1 .- u -. ...'1,*, .,1t4::. ''''..,,:%.441,--.:-; u $... 0im •lt a 1 ;:''', V ..e. .,,,:t.14-itx,..:, CD Ix 3.. :„ -i14:: ii17:1; E (.) 1 a coc CD .i'..".. I �w7 l r If►1 , -1-1009 .v£ r � LL 1,-1 p �— 0.8 4:::, y .%— I 0,l4 ��&ol 8 o0' tIVE IIN sY _ LI a PI m1 ei y NI VR. g g 7 1 z a U >- EKW > Q' z z 0 Oil W z j W zo 0 N N 1e z F o — C7 4 4 4 .Q V V V w U Z - — — — ikil. 0> O cJ C/) Cin Q aihnINI . W a a aNI O Ica I--as z 000 Ie 4e U LL a V V V � ?w w w Ilic I— C c/J c/' c4 I a O O O O in M M • I II II II .1 MEM cn I + N Cr) m — — O } o — Je . a O re Wz J w W 2 > o W • / p = u_ 0ii 0 w LL CO IN D w= iIa „o-,4 U 7 1 I 1 A,* 00 L 0 mOyI.m oOQS m g,-1 « Z 33 o,. 33 m�2Nm 8mm ,,,,. .1q% g 1 000H �E 45_ �F m pT mil% Kg jS+ AN YD i� �' -min m� m �g y O v DOzr m mo m !,i Z -- - D OA yzmaD n z O --._-.. 56?-3 N m mo / V - t m A _ to o � gF.� rod' 3 Z = o D k a 0y7 N o+ m --- wm n D ® Q, ..L 1 j '` pj7 ®® Z , 1 'd Dm.. a a may/ p v a ,„ gz 7;4 41: ' r. 4 /-,- .0"'"'N '— S 3 i p ern OW OWNER DEA'ELOPER. ENGINEER OF RECORD 1 RACETRAC PETROLEUM,INC. ,411,4= < " � maOM CUMIPIAND BLVD SOIlF 1m ����" DELISI FITZGERALD, INC. I ;;� —� PROJECT ((' O Planning-Engineering-PP RdMenegemeRY �v E RaceTrac,1 605 Hendry Street 1' X y For 51,s FL 93.01 9° 00 BELLAIRE BAY 239 418 0691 z39��05921 fa P W-3 (EPN#1166-STORE#2439) October 18, 2016 DELISI FITZGERALD, INC. Planning-Engineering-Project Management Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Re: RaceTrac at Bellaire Bay Application for PUD Insubstantial Change Folio #: 49660084524 To Whom It May Concern: Attached for approval, please find the following items as they relate to the above referenced project: 1. One (1) check in the amount of $1,500.00 for the application fee; 2. Sixteen (16) copies of the Completed Application; 3. One (1) copy of the Pre-application Waiver Email; 4. One (1) copy of the completed Addressing Checklist; 5. Two (2) signed and notarized copies of the Affidavit of Authorization; 6. Sixteen (16) copies of the Project Narrative includes Detail of Request; 7. Sixteen (16) copies of the Insubstantial Change to the PUD Criteria; 8. Sixteen (16) 8.5" x 11" copies of the Proposed Master Plan (includes Location Map); 9. Sixteen (16) 24" x 36" sets of the current overall PUD Master Plan; 10. Sixteen (16) copies of Section I of the PUD Document; 11. Sixteen (16) copies of the original PUD Document; 12. Three (3) copies of the Deeds; 13. Sixteen (16) copies of the Legal Description; 14. Sixteen (16) copies of the Neighborhood Informational Meeting Summary; 15. Sixteen (16) copies of the PUD Monitoring Report; 16. Sixteen (16) copies of Exhibit E-1 Affected Area Exhibit; 17. Sixteen (16) copies of the RaceTrac Sign Package; 18. Sixteen (16) copies of the Canopy Sign Legibility Exhibit; 19. One (1) cd containing pdfs of submittal items. If you require any additional information, please contact our office at (239) 418-0691. Sincerely, DELI r ZGERALD, C. .f` John T. Wojdak, P.E. Vice President Project No.: 21352 1605 Hendry Street• Fort Myers,FL 33901 •239-418-0691 y 239-418-0692 fax December 12, 2016 DELISI FITZGERALD, INC. Planning-Engineering-Project Management Eric Johnson Principal Planner Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Re: Heritage Bay PDI - RaceTrac (aka RaceTrac at Bellaire Bay) PDI RAI #1 PL20160002759 Mr. Johnson, In regards to the above referenced project, please find the following items enclosed for your review: 1. Sixteen (16) copies of the Response Letter; 2. Sixteen (16) copies of the Narrative; 3. Sixteen (16) copies of the revised Section I of the Legal Description; 4. Sixteen (16) copies of the revised MCP; 5. One (1) cd with pdf's of all Submittal Items; In addition, in response to the comment letter dated December 7, 2016, please find the following responses in order as received: ADDRESSING - GIS REVIEW Comment 1 Project name should be Heritage Bay PDI - RaceTrac, as the existing PUD name is Heritage Bay not RaceTrac/Bellaire Bay. Response 1 The project name has been revised to `Heritage Bay PDI - RaceTrac' as requested. ZONING REVIEW Comment 1 With respect to Deviation #3, which is to allow a larger/taller ground sign. Are you proposing the sign be 100 square feet or 118 square feet? The conceptual site plan note indicates 118 square feet whereas your justification in the narrative indicates 100 square feet. The Revised Sign Package as well as Section 1.11.0 also indicates 100 square feet. They all need to match. 1605 Hendry Street Fort Myers,FL 33901 • 239-418-0691 . 239-418-0692 fax Response 1 The deviation request is for 100 SF. The MCP has been revised to 100 SF. • Comment 2 On the affidavit of authorization, please include the PL number, which is PL20160002759. Response 2 The PL number has been added to the Affidavit. Comment 3 In Section 1.11.B, please reword the proposed language of Deviation #2, so that 1.11.B is requesting one (1) "additional"sign. Response 3 "Additional" has NOT been added to the deviation language as requested. The language has been revised consistent with the subsequent comments from Scott Stone received via email on December 9, 2016. COUNTY ATTORNEY REVIEW Comment 1 Section 1.11 already exists in the PUD--approved as part of CCPC Resolution 16-01 earlier this year. As such, your new proposed deviations will be added to the end of the existing list of deviations (i.e--at H, I, and J). Please revise your proposed text amendment as shown on the markups provided by separate e-mail from the planner. Response 1 Section 1.11 has been revised per the provide mark-up. Comment 2 This comment is for your information. The proposed Concept Plan appears to include a large amount of information/labels that are not related to this request for sign deviations. It may reduce the possibility of mistakes/delays to limit your Concept Plan to depicting/labelling only those areas affected by the proposed deviations. However, I defer to staff on the level of detail needed for this concept plan. Response 2 The labeling is consistent with the MCP from the previous PDI for this parcel. Page 2 of 3 If you require any additional information, please contact our office at (239) 418-0691. Sincerely, DELIS I ZGERALD, INC. John T. Wojdak, P.E. Vice President cc: Tom Hardy&Victor Sutapaha, RaceTrac Petroleum(w/attachments) Project No.: 21352 L:\21352-RaceTrac @ Bellaire Bay\Permits\Collier County PDI\Newest PDI submittal\RAI#1\PDI-RAI#1 Cover Letter.doc Page 3 of 3 N AM� �� WE -1- . _IE YO t1� a nGAiC:P.i4N.1000 t'+ST_M`s...20 R'000' { 00010E cP W700P*VL 0P ) y'=,? r-- s t n -" r' -w-' nctt�cuir wr�a xad �,k { 47.''''. — A �T Wfni ( l# SkA4 GYf.FiP(AY :,*,t4,41..; ykr{e N y rR 4YN P) al �� r-9-)..•s-, !� 1 ; 1ti _ `i t ) % � i `- - c 11. ,1) �,.t ji" !' tit �' :,,,Ui‘nir.11407,47.*:-Tr'zifi:::.L,:„,,,c,-*'''1,:\,1,,,> ��° tliM.s� g.1'141O',2,, NO ''-').1-.:.% to '� lE a� ' ::,..1,._NH*: , 't,,, i' —',4- i? S.--'41.43,I' '''", ''",(1 ` �,, Ikr "` "*. ,L1_1,),,,,,,, 8 '� . , I ',4,i:,:::;;::,_14'`,.t.,.-44.4.-'-i.V:4 4'''''.41'-/11,;(*—i,-„4;''''r lit. , i .; 1.--- eL 4:7 _ ..._E°+Pl 4 t ( :,acs cnuixsc Fia Ha r li 1,,f ,-;.,,IL,I.;..--41:z..----sc.--_ .... ,.. i' - )- --, itm ''' �. ' a ' r t, 41 /i a !f = f cow. j%+ �... _� :i "" *r ..'�;Tia ", ( ) �_. } / is 1t rc 810NNW rr. 00 0000 r-sop oj'Su¢u zooco 04 LY.UN WYS 0-0010000 au.00010 n-00400 0000)i'awco ir+wsem) (ter 00000404 auace5 ,,,N,,,ea. rO) AFFECTED AREA LEGEND j AFFECTED AREA [ vJ a �,-� _.,".'I��iJ � ' ]iP) OWNER/DEVELOPER: •--- RACETRACPETROLEUM,INC. EXHIBIT �_1 j 3215 NMaERIAND BLVD.SURE 300 ' " � � ATLINTA W 30339 pI0)431-7rA0 PROJECT: 1 P �) g /'� Pro ect Number. 21352 ` ;sa / 17ce7h3c. Part of Sections: 23 .sy r i Townshi 48 5 Range 26 E County,State: COLLIER COUNTY,FL BE—LAIRS BAY r (EPN #1166 - STORE#XXXX) Sheet Number: 1 r p g C� Q§ A i4 AGRICULTURAL ZONED A (UNDEVELOPED) AGRICU TURAL 20NED ......... 1CR 95 -- - (NUR=ERY AND RES......) —,. —..— T� _ 1i7fi114'!C$t— (q i �-) `J r 6x7 Yg�' s a+ 'alra ,� C 1 i t "� F e m• u a ac�a �rJmJ '__'...—.r rr iw.yb •, C_____:-E- ti I I g, „L-77--__NO9 .i , ' , i- _ 'L" m : )) ) ,,'g ! � y, r 1,, q __________' J .:, k Ute^ "r '+_! 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N �D S ��10 m IA'JI(n NVl (!)VIN .V V OOi ti A �I -C _ s �p1 yD DOODO ODD . 0 V OO m Cn O C O D➢ 7,1DI➢ D D D D D D D D i AS ADOPTED 9YB0CC JULY 29, 2003 i .iii .lIg Z2ZIYIUTI[}7 bti = r,,%L1MPVELdi 1 I s { MASTER CONCEPT PLAN WIIs¢�iMliler N' HERITAGE BAY """'....•°°'°"' 3 8 � Mdi1...T...YM Co..* ,0 8 8 - liI m•Rrl WW x.µ ' flo b•Yi CA 1 i I n Ig B m PREPARED FOR U.S.HOME CORPORATION � �+.�•w 2015 DRUPUD AGE ORIINBAYUD FORMncr� AUG 2 4 2013 HERITSECTION 13, 14,23,AND 24,TOWNSHIP 48 SOUTH,RANGE 26 EAST REPORT DUE DATE: July 31,2015 APPROVAL DATE: July 29,2003 DEVELOPMENT ORDER Resolution 03-255 ORDINANCE NUMBER: 03-40 Amended DO Resolution 11-123 Amended Ordinance 10-24 HEX 14-29 APPLICANT INFORMATION: Name and Address of the owner/developer, successor or assigns of persons,firms,or other entity responsible for implementing this development order. Update address and telephone number as necessary,sign and date. ennar Homes,LLC(Heritage Bay) 'ulte Home Corporation(Quarry) 10' . :en C.Pratt-6 Mile Cypress 24 1 Walden Center,#300 Fort My• . FL 33966 Bonk' prings,FL 34134 Name: Name: Signature: Signature: Date: All1111 Date: - ail: darin.mcmurray@lennar.com -Mail: Chris.Hasty®pultegroup.com Cameron Commons Unit 1 &2 POA,Inc. 11586 Quail Village Naples,FL 34117 Nam ‘\ Signa 71 .41" A/Afr %AciAS E-Mail: Carollocarr@aol.com If during the past year,the PUD or a parcel(s)within the PUD has been sold to a subsequent owner(s),provide the following information for each parcel that has been sold(attach additional sheets if needed): Owner entity: Tract and folio number: Allocation of development rights and PUD commitments: Contact's name: Address: Telephone number: ^ Email address: 1 Updated 06/01/15 lb AUTHORIZED DENSITY/INTENSITY: The number of dwelling units to be built in the Heritage List the total number of single family dwelling units Bay PUD pursuant to this PUD and DRI development constructed to date: order will not exceed 3,450 plus an Assisted Living N/A Facility containing up to 200 units. List the total number of multi-family dwelling units constructed to date: List the total number of assisted living units constructed to date: N/A Up to 54 holes of golf may be built in the Heritage Bay List the number of golfholes constructed to date: PUD. NIA' Commercial activities are limited to a total of 40 acres List the total number of commercial square feet within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and CONSTRUCTED TO DATE: Immokalee Road and three "Village Centers" totaling approximately 26 acres within the residential part of -Cameron Commons Unit One,Tract 2-14,918 sq ft Heritage Bay. The Activity Center commercial uses will (cvs pharmacy) include a maximum of 150,000 square feet of retail uses -Cameron commons Unit one,Tract 4-41,325 and 50,000 square feet of office uses. The Village Center (Cameron Commons Retail Center) commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 _Num feet of office uses. _-- Conservation and Preserve Areas will total a minimum of List the total acreage of conservation and preserve: 863 acres. 861 for the PUD(This Information Is based on previous reports submitted by the Master Association), List the names and contact information for all CDDs, property owners and homeowners associations within the PUD,including the Master Association. Attach additional sheets if needed. DEVELOPER COMMITMENTS: •Commitme Its::deleted'.'.;.fro :;the'. epo t_at d='co isidered Check the box that indicates the status of each fulfilled are no longer monitored through the PIJD-Annual commitment. Uohitonffg processbut-.are subject to COI]lphauCe through ongoing Maintenance and.upkeep4xamptes of these types If the commitment has been completed, attach of .commitments 'include exotic vegetation removal, documentation to this report (copy of permit, copy of Jittorals atd la_ nd_s_caping Preserve Management Plan, copy of receipt or canceled check, etc.). For dedications, list O.R. Book and Page Land Development Code.::'and County Ordinance Number. commitments have;been removed from the monitoring report but epmpliance will still be required at development If the commitment has not been completed,please list the review,Inspection,certificate of occupancy,etc. estimated completion date. AFFORDABLE HOUSING: — COMPLETE INCOMPLETE The developer shall construct on-site on the lands ❑ ❑ designated "AC/R3" on the Master Concept Plan a minimum of 160 townhouse units and a maximum of 190 Affordable Housing Commitments are N/A to the Activity townhouse units to be offered for sale to persons meeting the Collier County affordable housing guidelines for 80% Center sites. 2 Updated 06/01/15 lb moderate income level for a period beginning with the date of issuance of the building permit for each building containing said townhouse units,and continuing for six(6) months thereafter, or for 30 days after the Certificate of Occupancy for each building containing said townhouse units is issued,whichever is later. Also,for a time period extending from the date of the issuance of the Certificate of Occupancy, the developer shall offer the remaining unsold units to the County or its designee for purchase for a period of 45 days after which time any unsold unit may be sold at market rates. COMPLETE ..___._._._._._.__._..__COMPLETE —~ The developer shall donate $475,000 to Habitat for ❑ ❑ Humanity of Collier County ("Habitat"). The donation • represents one-half of the purchase price of 10 acres of land currently under contract by Habitat and located just south of Immokalee Road and generally east of County Road 951. The donation shall occur within 120 days of the final approval of the Heritage Bay PUD/DRI by the Board of County Commissioners and the expiration of all appeal periods without an appeal being filed. COMPLETE INCOMPLETE Prior to the issuance of the final Certificate of Occupancy ❑ ❑ for the development the developer shall have all the affordable housing units on-site completed and available for occupancy. At a minimum, the affordable housing units shall be phased in thirds to coincide with the development of other residential dwelling units in the project. • COMPLETE INCOMPLETE If the developer constructs less than 190 affordable ❑ ❑ housing townhouse units on-site, for each unit less than the maximum of 190, the developer shall donate the sum of $10,000 per unit to Habitat. For example, if 180 affordable housing townhouse units are constructed on- site, the developer would donate $100,000 to Habitat, which represents 10 units times$10,000. COMPLETE INCOMPLETE At any time in the future, should the developer request an 0 0 extension to the approved build-out date for the project, the developer shall re-examine the housing needs of the project and provide an updated re-analysis of the affordable housing required. The developer shall use the methodology in use at the time of the re-analysis by SWFRPC, the Florida Department of Community Affairs, and Collier County. Any future mitigation requirements that are caused as a result of the re-analysis shall be consistent with the options listed in Rule 9J-2.048 of the Florida Administrative Code. COMPREHENSIVE PLANNING: All commitments have been fulfilled or removed. 3 Updated 06/01/15 lb EDUCATION: COMPLETE INCOMPLETE The Developer shall coordinate with the School Board of ❑ ❑ Collier County to make adequate provisions for educational facilities needed to accommodate the impacts Education Commitments are N/A to the Activity Center sites. of the proposed development which may include a schedule for prepayment of school impact fees to the School Board of Collier County. COMPLETE INCOMPLETE The Developer shall work with the staff of the County's ❑ ❑ Transportation Department to ensure that the necessary pedestrian and bus pick-up/drop-off facilities are provided within the Herita_ge Bay projectEMERGENCY MANAGEMENT: — — COMPLETE -^- INCOMPLETE- -All deeds to property located within the Heritage Bay I1 ❑ development shall be accompanied by a disclosure statement in the form of a covenant stating that the property is located in an area potentially subject to hurricane impacts,that the hurricane evacuation clearance time for Collier County or the Southwest Florida Region is high,and hurricane shelter spaces are limited. COMPLETE INCOMPLETE The developer, or the proposed homeowners' association, [ ❑ shall establish and maintain a public information program for purposes of educating the residents of the development regarding the potential hunicane threat, the need for timely evacuation in the event of an impending hurricane, the availability and location of hurricane shelters and evacuation routes,and the identification of steps to take to minimize property damage and to protect human life. The developer shall develop a continuing hurricane awareness program and a hurricane evacuation plan. The hurricane evacuation plan shall address and include, at a minimum,the following itrins: — _.____ — COMPLETE INCOMPLETE 1. Operational procedures for the warning and [X] ❑ notification of all residents and visitors prior to and during _ahurricane watch and warningereriod;and COMPLETE INCOMPLETE 2. A public awareness program which addresses [] ❑ vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, staying with friends and the locations of hurricane shelters,and other protective actions which maybe specific to the development;and COMPLETE INCOMPLETE ^ 3. Identification of the entity responsible for ❑ ❑ 1 implementing the plan. 4 Updated 06/01/15 lb _ — COMPLETE INCOMPLETE The final plan shall be submitted to reviewing agencies for 0 ❑ a sufficiency finding and shall address the recommendations provided by the reviewing agencies; or alternatively,the Developer shall commit to provide funds to be used for the purpose of procuring communications equipment which would upgrade the existing warning and notification capability of local emergency management officials. The Developer shall provide reasonable assurance to the local emergency management officials regarding the ability of such equipment to reduce the hurricane evacuation impacts of the development. COMPLETE INCOMPLETE All commitments made by the developer within the ADA ❑ and subsequent sufficiency round information, related to Question 16 (Floodplains) and Question 23 (Hurricane Preparedness), and not in conflict with the above recommendations, are incorporated into the Development Order as conditions for approval. ENERGY: _. All other commitments have been fulfilled or removed. - — COMPLETE INCOMPLETE The Heritage Bay DRI shall incorporate the following ❑ energy conservation features: • A. Provision of a combination bicycle/pedestrian system connecting all land uses,to be placed along arterial and collector roads within the project. This system will be consistent with local government requirements approved in the PUD. COMPLETE _ INCOMPLETE B. Provision of bicycle racks or bicycle storage ❑ facilities in recreational, commercial, and multi-family residential areas. COMPLETE INCOMPLETE C. Cooperation with Collier County in the locating of Q ❑ bus stops, shelters, and other passenger and system accommodations for any future public transit system to serve the project area. LENGINEERING: All other commitments have been fulfilled or removed. COMPLETE INCOMPLETE As an alternative to the planting or creation of littoral 0 ❑ - — ^ shelves, credit for wetlands that are preserved above the minimum required by Policy 6.1 of the Conservation and Coastal Management Element shall be applied toward meeting littoral zone planting area requirements on a ratio of one to one. For each acre of wetlands set aside above the minimum requirement of said Policy 6.1, one acre of littoral zone plantings shall be subtracted from the littoral 5 Updated 06/01/15 lb zone planting area requirements. Said Policy 6.1 requires preservation of 40% of native vegetation present not to exceed 25% of the total PUD property. Twenty-five percent of the PUD's total site area (2562 acres) is 640 acres. This PUD provides for preservation of 863 acres of native vegetation including wetlands that have significant hydrologic value, therefore, the extra 221 acres shall be credited toward meeting littoral zone planting area requirements. COMPLETE INCOMPLETE District staff shall obtain access through the site to get to Q ❑ -- District-owned property located north of the project site. The details of the proposed access route/authorization shall be developed during the ERP application review .rocess. COMPLETE INCOMPLETE Ditch and swale slopes shall be designed to minimize 0 ❑ discharges so that these facilities may provide some additional water quality treatment prior to discharge. Treatment swales shall be planted with grass. COMPLETE INCOMPLETE El Under-drain systems and grease baffles, if utilized within the Heritage Bay DRI, shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. COMPLETE INCOMPLETE PTh 0 ❑ Stormwater management system maintenance requirements shall include the removal of any mosquito- productive nuisance plant species or invasive exotics (e.g., water lettuce, water hyacinth, cattails, and primrose willows) from all system nodes, reaches and percolation basins, as well as from lake littoral zones employed in the system. COMPLETE INCOMPLETE To the extent consistent with applicable stormwater 0 ❑ management system and environment regulations, any isolated wading bird pools constructed in lake littoral zones shall be excavated to a depth which provides aquatic habitat for mosquito larvae predators, such as gambusia affinis. COMPLETE INCOMPLETE The Developer shall promote transit service through the [ ❑ inclusion of bus stops or other appropriate transit access points on its site designs, consistent with Collier County transit plans. ENVIRONMENTAL: All other commitments have been fulfilled or removed. ^ COMPLETE INCOMPLETE No additional impacts to the preserve area shall be allowed [] ❑ 6 Updated 06/01/15 lb as a result of the existing excavation permit for earth mining activities. COMPLETE INCOMPLETE Final alignment and configuration of water management ❑ structures shall be subject to minor field adjustments to minimize habitat destruction. COMPLETE INCOMPLETE Hiking trails,pedestrian/golf cart,boardwalks,nature trails _-- ❑ — �- ❑ -� (elevated and at grade), riding trails and other such facilities, constructed for the purpose of passage through or enjoyment of the site-natural attributes shall be subject to review and approval by the appropriate agencies. COMPLETE INCOMPLETE Fencing design for roadway crossing preserves and -� ❑ preserve boundaries shall be included on applicable plans for potential wildlife crossings. - COMPLETE INCOMPLETE Any buildings where hazardous materials or waste are to - - ❑ be used, displayed, handled, generated or stored shall be constructed with impervious floors, with floor drains leading to separate impervious holding facilities that are adequate to contain and safely facilitate clean-up of any spill,leakage,or contaminated water. COMPLETE INCOMPLETE Prior to construction, the Developer shall provide . ❑ assurances that a licensed grease transporter has been identified to serve the project's restaurants. -- _ COMPLETE INCOMPLETE __._.._.......---- Prior to construction of either of the commercial . - ❑ component of the ALF, the Developer shall provide assurance that bio-hazardous and hazardous waste trans orters have been identified to serve the project. PARKS AND RECREATION: -�------_____------..-�._--All commitments have been fulfilled or removed. PLANNING: - _�_ .- ___ -v_._....--.-_------------------------All commitments have been fulfilled or removed. REAL PROPERTY: ERTY___-__..�_._ All other commitments have been fulfilled or removed. TRANSPORTATION: All other commitments have been fulfilled or removed. T_ _ COMPLETE INCOMPLETE The developer shall provide street lighting at the project Q ❑ entrances in conjunction with the construction of same.7 Updated 06/01/15 lb COMPLETE INCOMPLETE The developer shall make a fair share contribution toward El ❑ the capital cost of a traffic signal on Immokalee Road and any access point(s) when, and if deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. COMPLETE INCOMPLETE The Developer will be responsible for roadways as ❑ follows: A. The Developer, or its successor or assigns, shall be fully responsible for site related roadway and intersection improvements required within the Heritage Bay DRI, including those along Immokalee Road and on the future CR 951 Extension, if constructed. As shown on the Heritage Bay Master Concept Plan, these site-related improvements include four (4) access points on Immokalee Road and two (2) access points on either the future CR 951 Extension,if constructed,or an extension of CR 951 for the purpose of providing access to properties north of Immokalee Road. The site-related improvements on the future CR-951 Extension are limited to turn lanes at the project entrances and, if needed, a two lane urban arterial cross-section road built on-site within the future CR-951 Extension right-of-way from the full access entrance located about one-half mile north of Immokalee Road to the hmnokalee Road/CR 951 intersection, as provided in Transportation Paragraph E.2. B. The Developer,or its successor or assignee shall make adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways: COMPLETE INCOMPLETE Roadway From To improvement ❑ x❑ CR 951 Golden Gate Pine Ridge Rd. Widen to 6 4 lanes per aerial photography B (Collier Blvd. BIvd. Lanes C. The Developer, or its successor or assigns, shall make adequate commitments to provide the necessary improvements including, but not limited to, rights-of- way, costs of signalization, turn lanes and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through buildout: COMPLETE INCOMPLETE Immokalee Rd at Collier Blvd • EB dual left turn lanes x❑ ❑ Immokalee Rd at Project Driveway 2 These are complete and in-place. The County has received the proportionate 8 Updated 06/01/15 lb share payment fora third EB left turn lane at this intersection. (Bellaire Bay Dr.) These are not yet completed, and the developer would like to retain these as a • EB dual left turn lanes commitment. • Signal at Warrant _ This lsnot yet complete.The County has constructed anobldwu n(ad12d1onatmedianrestrIr on)ehat Immokalee Rd at Project Driveway 3 (Quarry Dr.) prohibits left-turn movements from Quarry onto immakalee Road.Untlisuch time that the Countyldentifies a defldency at the nearest U-turn to the East,the signal warrantlsl cannot be addressed by the developer. • Sr_ a1 W ars ant The developer would like to retain this as a commitment. Itnrnokalee Rd at Project Driveway 4 This is not yet complete. Signal warrants are not currently met at this median (Heritage Bay Blvd.) opening.The developer would like to retain this as a commitment. • Signal at Warrant Collier Blvd at Pine Ridge Rd NB-Improvement in-progress as of August 2015;analysis required. • NB dual left turn lanes SB-Improvement In-progress as of August 2015;analysis required. • SB dual left turn lanes COMPLETE INCOMPLETE The Developer shall promote efficient pedestrian and [a ❑ bicycle movement within and between the development's components and to adjacent properties as deemed necessary by Collier County. TRACT 1 OF CAMERON COMMONS: One way emergency medical service access drive from the adjacent CR-951 Extension: COMPLETE INCOMPLETE 1.The proposed access shall be limited to right-in [l ❑ only. 2. Adequate signage informing motorist that this is El ❑ an "Emergency Vehicles Only" access shall be provided at the time of filing the first SDP for subsequent installation prior to site occupation in accordance with regulations governing signage in the PUD and LDC. 3.An emergency services accessible automated gatex❑ ❑ shall be provided at this limited access point at the time of filing the first SDP for subsequent installation prior to site occupation. 4.A minimum of a 30' throat length will be required ❑ on site at all times. It shall remain the financial responsibility of the parcel owner to maintain a 30' throat length. Failure to maintain this Cameron Commons Unit One,Tract 1 is currently under minimum safety requirement may result in construction(NCH Healthcare-Northeast)and will fulfill these temporary closure of this access point until such commitments. Please refer to SDP PL20140002553 for the plan time that the minimum safe throat length is of site construction. restored. UTILITIES: The developer is responsible for well sites as follows: COMPLETE INCOMPLETE 4. Sizing of Electrical Systems for Heritage Bay will be 0 ❑ coordinated with Collier County to ensure that FP&L projections and installation of equipment will accommodate these well pumps and generators. COMPLETE INCOMPLETE 5. Proposed well locations shown on Exhibits D 1, and ❑ 2 will not be utilized for littoral credit or be placed in a conservation easement by the developer. COMPLETE INCOMPLETE 8. Transmission lines will be located around the 0 ❑ 9 Updated 06/01/15 lb perimeter of the project either within the 100' right-of-way dedication to Collier County along the western property boundary or within the SFWMD 100' Canal right-of-way. COMPLETE INCOMPLETE Temporary septic systems may be utilized in conjunction Q ❑ with construction offices, sales offices and model homes. Septic systems shall not be allowed on-site, other than for temporary uses associated with construction offices, sales offices, and model homes. All temporary septic systems shall be properly abandoned and/or removed by a licensed septic system firm when wastewater facilities (temporary or permanent)become operable. COMPLETE INCOMPLETE The lowest quality of water available and acceptable shall ❑ be utilized for all non-potable water uses. Potable water shall not be utilized for non-potable uses. COMPLETE INCOMPLETE Through the payment of impact fees, property taxes, and [] ❑ the implementation of the Master Concept Plan for the Heritage Bay DRI, the Developer will further Florida's goal of planning for and financing new facilities to serve residents in a timely, orderly, and efficient manner. The Heritage Bay development will also implement Florida's policy of encouraging development of gray-water and water-reuse systems to extend existing sewage capacity. COMPLETE INCOMPLETE Existing water wells shall be used for irrigation water Q ❑ supply. If such wells cannot be used for this purpose, the wells shall be properly plugged by a licensed well drilling contractor and abandoned. COMPLETE INCOMPLETE Irrigation of golf course areas will be designed to Q ❑ encourage deeper rooting of turf grass to provide more efficient utilization of water and nutrients. Irrigation activities shall be limited to the hours between dusk and dawn. Irrigation water recharge well locations shall be selected to minimize interference drawdown between the wells and drawdown beneath on-site or adjacent wetlands. COMPLETE INCOMPLETE Best management practices (BMPs) for wastewater shall ❑ be utilized to mitigate potential adverse impacts to surface water and shallow groundwater at and adjacent to the development. Such BMPs include proper timing and minimum application of fertilizers, pesticides, and herbicides on landscaped areas of the property. Biodegradable varieties of fertilizers, pesticides, and herbicides shall be utilized whenever possible. Slow release nitrogen fertilizers shall be used. This shall be coordinated with the County Extension Office of the Soil Conservation Service. COMPLETE INCOMPLETE For the purpose of potable water conservation, the project ❑ ❑ ! '1 shall utilize low water use plumbing fixtures and other 10 Updated 06/01/15 lb water conservation devices. For the purpose of non- potable water conservation, the project shall utilize �-. xeriscape and drought tolerant plants in landscape design. 11 Updated 06/01/15 lb CORPORATE FORMAT CORPORATE AFFIDAVIT STATE OF `Qv d\o ) COUNTY OFQ \\\tc )ss: BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Thomas Carollo, the Manager (Title) of Cameron Partners, LLC and Cameron Partners II, LLC, Florida corporation(the"Corporation"),who upon being duly sworn,deposes and says: 1. The undersigned is over the age of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein the Collier County Annual Monitoring Report. 2. The undersigned is the Manager of the Corporation. 3. The Corporation was formed under the laws of the State of Florida, is currently in good standing there under, and has not been dissolved. FURTHER AFFIANT SAYETH NAUGHT. Thom.s Carolloy/ r OP' Cameron Partners, LLC&Cameron Partners II, LLC a, Florida corporation A The foregoing instrument was sworn to, subscribed and acknowledged before me this _day of Rtua\kS�r , ,50\ by '4\*C.I Qs:LA.0 , the (Title)Mr�aR Q e45cn��Gk� �('.'r ,a Florida corporation,who is personally known to me or has produced 02,MbiN C :CS \\ C as identification. ,a...��y p ru,� 3f861QA Nil RECSOM , Notary Public•Slm. ap of Florida �1�` my ComEmpires May 1S.20fi s Qa= Commission N FF 019254 • _ No :ry Public �I Bonded An*Rational Nola [I'totaary Seal} �� Printed Name. \Q_a_���`(.kr\ My Commission Expires: SA$'9*p ORDINANCE NO.03- 4 0 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 _. ,k110"2°27,4 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH =" ' 4 ? INCLUDES THE COMPREHENSIVE ZONING REGULATIONS r ' ,� I A` r __ 1 FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, 'JAW J : FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS 'I' .: NUMBERED 8613S, 86I3N, 8614S, 8614N, 8623S, 8623N, 8624S ` o8 Ova ,� AND 8624N BY CHANGING THE ZONING CLASSIFICATION OF T, ; L 3• THE HEREIN DESCRIBED REAL PROPERTY FROM 'A" RURAL �,_,: .,, ,, di (*eCc' AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT E SI.' (*ea KNOWN AS THE "HERITAGE BAY PUD" LOCATED ON THE );:i-i — NORTHEAST CORNER OF IMMOKALEE ROAD (C.R. 846) AND COLLIER BOULEVARD (C.R. 951), IN SECTIONS 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 2,562 ACRES;AND BY PROVIDING AN EFFECTIVE DATE. ' WHEREAS, Richard Woodruff, AICP, of WilsonMiller, Inc., representing U.S. Home Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: SECTION ONE: The zoning classification of the herein described real property located in Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the "Heritage Bay" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8613S, 8613N, 8614S, 8614N, 8623S, 8623N, 8624S and 8624N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 2 9 th day of JULY ,2003 . a ei.totttitiittete/r,,:,. BOARD OF COUNTY COMMISSIONERS A ', tiZFfi`d man's COLLIER CO .TY,FLO' DA ,i,;,. R,,1 ., • '`: ..,: s,�,�: BY: _ fig _ ' a i i.i.s � L TOM HE G, 'HAIRMA ,.HTE: OP' CLERK • %./ e•........e.1,00..,!.. 1,Afrremottloi.. Approved as to Form and Legal Sufficiency This ordinance filed with the �/ Secretory of Suite's Office Itis "�`. L' -al day of NU32045 Marjori .Student and acknowledgement of that Assistant County Attorney Pili recei ed this dµ` doy of By oar c�. PUDZ-2002-AR-284 URB/sp HERITAGE BAY A PLANNED UNIT DEVELOPMENT PREPARED FOR: U.S. Home Corporation 10491 Six Mile Cypress Parkway Suite 101 Fort Myers, Florida 33912-6404 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 and A Young, van Assenderp, Varnadoe &Anderson, PA 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 DATE FILED: July 2002 REVISED: February 2003 REVISED: May 2003 REVISED: July 30, 2003 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: Jur.v 29 7003 ORDINANCE NUMBER: 2nni-4n 712112003-119147 Ver 121-OWEHR Cnl43 N0442-005-003 PPHS-26902 TABLE OF CONTENTS SECTION PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICTS 3-1 SECTION IV VILLAGE CENTER DISTRICT 4-1 SECTION V RECREATION, OPEN SPACE DISTRICT 5-1 SECTION VI ACTVITY CENTER COMMERCIAL DISTRICT 6-1 SECTION VII CONSERVATION AND PRESERVATION DISTRICT 7-1 EXHIBITS EXHIBIT A HERITAGE BAY MASTER CONCEPT PLAN (WilsonMiller file#C-0442-55, sheet 1 of 2) EXHIBIT B LOCATION MAP EXHIBIT C HERITAGE BAY BICYCLE PEDESTRIAN PLAN (WilsonMiller file #C-0442-55, sheet 2 of 2) EXHIBIT D-1 WELL SITES PLAN EXHIBIT D-2 POTENTIAL WELL LOCATIONS PLAN • 7121/2003-119347 Ver:12!-OWEHN CAU N0442-005-003-PPHS-20902 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of U.S. Home Corporation, hereinafter referred to as U.S. Home, to create a Planned Unit Development (PUD) on 2,562± acres of land located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Heritage Bay. The development of Heritage Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be consistent with the adopted growth policies and land development regulations of the GMP Future Land Use Element (FLUE) and other applicable regulations for the following reasons: 1. Heritage Bay encompasses four square miles of land (Sections 13, 14, 23 and 24, Township 48 South, Range 26 East). Section 23, located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road, is within the GMP's urban boundary and is classified as Urban Residential. Forty acres at the intersection of Collier Boulevard (County Road 951) and Immokalee Road is identified as "Activity Center #3. The remaining three sections within Heritage Bay, Sections 13, 14 and 24, are designated as Rural Fringe Mixed Use. 2. An Urban-Rural Rural Fringe Transition Zone Overlay (URFTZO) encompasses all four square miles of the Heritage Bay PUD. This Overlay includes nine performance standards. The Heritage Bay PUD is consistent with each of these standards: URFTZO Standards 1. The Heritage Bay PUD exceeds Standard #1 by providing a minimum of 863 acres in its Conservation/Preservation designation which are contiguous to off-site wetlands owned by the Corkscrew Regional Ecosystem Watershed (CREW). 2. The Heritage Bay PUD exceeds the 40% required native vegetation requirement. 3. The Heritage Bay PUD exceeds the 70% open space requirement. 4. To the greatest extent practical, the existing rock quarries are incorporated into the ` regional water management system and utilized to accommodate the passing through of off-site water flows and may be used for recreational purposes. 5. The Heritage Bay PUD will connect to the County's regional water and wastewater facilities. 6. The Heritage Bay PUD does not exceed the 3,450 (not including the 200 ALF units) maximum number of residential units on the entire Heritage Bay property. 7. The Heritage Bay PUD is designed to encourage internal vehicle trip capture by providing commercial and recreational uses and providing for pedestrian and bicyclist access to internal community recreation and convenience retail centers. Internal project roadways are connected and provide access to the Activity Center. 8. The Heritage Bay PUD complies with the limitations for commercial development within the URFTZO. The Heritage Bay Activity Center is limited to 40 acres and the three "Village Centers" are limited to 26 acres. The Activity Center commercial uses include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. 7/21/2003-119347 Ver.12'.OWEHR cuo NO442-005-003-PPHS-26902 9. Section 5.4N of the Heritage Bay PUD requires that one transfer of development right credit shall be acquired from areas identified by the County as "Sending Lands" for each five gross acres of land area utilized as part of the golf course(s). 3. The Heritage Bay PUD includes property designated as Urban, Urban Commercial District, Mixed Use Activity Center Sub-District, Activity Center #3, a "master-planned mixed use Activity Center". GMP FLUE Section I B 1 states that such master-planned mixed use Activity Centers ". . .are understood to be flexible and subject to modification". The Heritage Bay Activity Center is consistent with the 40-acre size limitation. Its configuration responds to existing and future surrounding land uses. 4. Heritage Bay is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 6. The development of the Heritage Bay PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. SHORT TITLE This Ordinance shall be known and cited as the "HERITAGE BAY PLANNED UNIT DEVELOPMENT ORDINANCE". 7/212003-110347 Ver:101-DWEHR 4J N0 N0442-005-003.PPHS•26902 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Heritage Bay PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All of Sections 13, 14, 23 and 24, and less to the South 100 feet of Sections 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP Purchase contracts have been entered into with the existing property owners. Closings will occur and property acquisition will be concluded at such time as project development plans have been approved by the County and other jurisdictional agencies. The project purchaser/developer is U.S. Home Corporation, whose address is 10491 Six Mile Cypress Pkwy, Fort Myers, Florida 33912. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida, containing approximately 2,562 acres and is generally located at the northeast corner of the Immokalee Road (CR 846) and Collier Boulevard (County Road 951) intersection. 'B. The property has been actively mined for limerock by Florida Rock Industries for over 28 years. Currently the mine is active with 414± acres of existing quarries and is permitted to mine an additional 1,286± acres for an additional 25 years. Sections 13, 14 and 24 of the property contain large wetland areas to the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow-way and approved for designation by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. Approximately 533 acres of the wetlands which exist on the property are in a conservation easement granted to CREW. C. The Heritage Bay PUD is bordered on the east by the Bonita Bay East golf courses, on the north by CREW lands approved for designation as a Natural Resource Protection Area and on the west by the Mirasol PUD. To the south is Immokalee Road. D. The existing ground elevation of the Heritage Bay PUD varies from approximately 11.0 to 15.5 feet NGVD. 7(212007-119317 V0r101-OWEHR CIO 00442.005-000-PPHS-20902 1-2 1.5 DEVELOPMENT OF REGIONAL IMPACT The Development of Regional Impact (DRI) has been submitted for approval in accordance with Florida Statues, Chapter 380.06. Nothing in this PUD Ordinance shall be deemed to waive the DRI and other vesting provisions of Florida Statutes, Section 163.3167(8) and Chapter 380. 1.6 DEVELOPMENT PARAMETERS A. The number of dwelling units to be built in the Heritage Bay PUD pursuant to this PUD and DRI development order will not exceed 3,450 plus an Assisted Living Facility containing up to 200 units. B. Up to 54 holes of golf may be built in the Heritage Bay PUD. C. Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and Immokalee Road and three 'Village Centers" totaling approximately 26 acres within the residential part of Heritage Bay. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. D. Conservation and Preserve Areas will total a minimum of 863 acres. 1.7 DENSITY ,t4. A maximum of 3,450 dwelling units and an Assisted Living Facility containing up to 200 units may be built on the Heritage Bay PUD's 2,562± acres. The gross project density will be a maximum of 1.3 units per acre. For the purpose of calculating density, each assisted living facilities/congregate care facilities unit shall be considered to be equal to .33 of a residential dwelling unit. B. At all times all property included within the Heritage Bay PUD shall be included in determining project density including property reserved or to be dedicated for public uses, such as, but not limited to, public roadways and conservation areas. •7/12001-119747 Ver101-O1NEHR CA•4] N0442-005-007-PPHS-26902 1-3 1.8 BUILDING HEIGHT - DEFINITION The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See Section 2.6.3 of the LDC, Exclusions from Height Limits). Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative Code and, if necessary, FDEP requirements for minimum habitable first-floor structural support. Infrastructure in support of the building, such as mechanical rooms for fire suppression and/or air conditioning equipment and elevator shafts are not included in the determination of building height. Accessory facilities are also exempted from the limitations established for measuring the height of buildings. 1.9 EXISTING EARTHMINING AND RELATED PROCESSING, ASPHALT PLANT, COMMERCIAL EXCAVATION AND OFF-SITE HAULING Nothing in this PUD Ordinance shall limit prior approvals for and the continuation and expansion of the existing earth mining and related processing, asphalt plant, commercial excavation and off-site hauling operations, by Florida Rock industries, Inc. and the Mule Pen Quarry Corporation, their successors and assigns, hereinafter collectively referred to as "Florida Rock Industries." on all areas of the Heritage Bay PUD not designated as a Preserve Area, 71112003.119117 Ver.101.OWEHR CA/43 N0442-005-003-PPHS•26902 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Heritage Bay PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Heritage Bay PUD, a proposed 2562± acre master planned community located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County, Florida, will include a range of single family and multi-family housing, an assisted living facility and both water-related and golf-related amenities, along with three Village Centers, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood commercial goods and services, and a recreation center. The development also includes an Activity Center located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road. Approximately 533 acres of the subject property's wetlands are in a conservation easement that has been granted to the CREW Trust. Additional undisturbed natural wetlands and uplands on the north end of the property and a mitigation area located near Immokalee Road bring the total Conservation and Preserve Area shown on the Master Concept Plan to 863 acres. The Heritage Bay PUD Master Concept Plan is illustrated graphically on Exhibit "A" (WM, Inc. File No. C-0442-55). A Land Use Summary indicating approximate land use acreages is shown on the Master Concept Plan. The location, size, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments permitted at the time of final plat approval, in accordance with Section 3.2.7.2 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Heritage Bay PUD shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC which are in effect at the time of issuance of any development order to which said regulations relate and which authorize the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. 7/23(2003.119347 Ver:141-D1NEHR NO44 N0442.005-003-PPHS-20902 2-2 C. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. D. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. E. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Heritage Bay PUD, except where an exemption is set forth herein or otherwise granted pursuant to Section 3.2.4 of the LDC. F. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Heritage Bay PUD, except where an exemption is set forth herein or otherwise granted pursuant to Section 3.3.4 of the LDC. 2.4 COMMUNITY DEVELOPMENT DISTRICT The developer may elect to petition to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve all of or a portion of the project. Such a CDD would constitute a timely, efficient, effective, responsive measure to ensure the provision and on-going maintenance of facilities and infrastructure for the proposed development. Such infrastructure improvements, as would be constructed, managed and financed by such a CDD, shall be subject to, and shall not be inconsistent with, the GMP and all applicable ordinances dealing with planning and permitting of the Heritage Bay project. 2.5 SUBSTITUTIONS TO DESIGN STANDARDS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The developer also retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by the developer on all project roadways. B. Roadways within the Heritage Bay PUD shall be designed and constructed in accordance with Section 3.2.8. of the LDC with the following substitutions: 1. LDC, Section 3.2.8.3.19: Street name signs shall be approved by the Planning Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. The requirements for street pavement painting, street striping, and reflective edging shall be waived. 2. LDC, Section 3.2.8.4.16.6: The 1,000-foot length cul-de-sac street maximum shall be waived. 3. LDC, Section 3.2.8.4.16.5 — Street right of way width: The minimum right of way to be utilized for a local street within the Heritage Bay PUD shall be 50 feet. 723/2003-119347 Ver:14!.DVVEHR cMU N0442-005003-PPHS-26902 2-3 C. A pedestrian and bicycle pathway network shall be established throughout the project as shown conceptually on the Heritage Bay PUD Bicycle/Pedestrian Plan. The pedestrian and bicycle system will serve to link the Activity Center and the three Village Centers areas with residential uses throughout the project. See Exhibit "C". Sidewalks and bike paths shall conform to Section 3.2.8.3.17 of the LDC except as follows. 1. All streets designated as "Bikepath Loop" on Exhibit "C" shall have a 4-four foot wide bike lane on each side of the street within the right-of-way. 2. All locations designated as "Sidewalk" on Exhibit "C" shall have a 4-foot wide sidewalk on one side of the street within the right-of-way or an off-street sidewalk. 3. The area designated as internal"Bikepath/Sidewalk Loop" on Exhibit "C" shall have an 8-foot wide internal bikepath/sidewalk loop permitted within the drainage and maintenance easement(s). 2.6 PROJECT NAME AND ROAD NAMES The provisions of Section 3.2.7.1.2 and 3.2.8.3.19 of the LDC and Ordinance No. 03-14 which place restrictions on the duplication or use of closely approximate names, for projects and subdivisions shall be waived to allow the entire project and subdivisions within the project to utilize the words "Heritage Bay" as part of their respective names, provided that: A. Only the main entrance road within the Heritage Bay PUD may be named Heritage Bay Boulevard. B. No other roadway within the Heritage Bay PUD will include the word "Heritage" in its name. All roadway names shall be subject to approval by the Planning Services Director during the preliminary subdivision plat approval process. 2.7 CAKE SETBACK AND EXCAVATION A. As depicted on the Heritage Bay PUD Master Concept Plan, lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. B. All lakes greater than two acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the LDC. C. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme. The developer may use combinations of vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. Sidewalks may be constructed along the lake edges. D. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 7/23/2003-119347 ver:141-DWENR N0442-005-003 PPHS-28902 2-4 E. Lake Setbacks 1. The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Community Development and Environmental Services Administrator. 2. Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: a. Lakes and stormwater management features may be located adjacent to internal roads. The roads shall be designed to AASHTO road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and barriers. b. Lakes and stormwater management features shall be set back a minimum of 20 feet from external property boundaries of the Heritage Bay PUD. 2.8 MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION OFFICES A. Model homes, sales centers, sales offices, construction offices, and other uses and structures inJluding temporary sales and temporary service centers related to the promotion and sale of real estate, such as but not limited to pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Heritage Bay PUD subject to the requirements of Section 2.6.33.4 and, Section 3.2.6.3.6 of the LDC. B. The limitation of Section 2.6.33.4.1.5(a) of the LDC, regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. C. The model home/sale centers temporary use permits shall be valid through the buildout of the project with no extension of the temporary use required. D. Model home/sale centers may be either wet or dry facilities. The model home/sale centers may use septic tanks or holding tanks for waste disposal subject to permitting under Section 10D-6, Florida Administrative Code, and may use potable water, existing lakes or irrigation wells for irrigation. • 723/2003-114347 Ver 14!.DWEHP cµ� NOi42-005-003-PPHS-28902 2-5 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the Heritage Bay PUD Master Concept Plan as provided in Section 2.7.3.5 of the LDC. Minor changes or refinements as described herein may be made in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Heritage Bay PUD Master Concept Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County GMP and the Heritage Bay PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of-ways, including a relocation of access points to the Heritage Bay PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the conservation area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations in effect prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. • 7/212901 119147 Ver111-DWEHR N044 N0/12-005-003 PPHS-26902 2-6 2.10 COMMON AREA MAINTENANCE Common area maintenance will be provided by a CDD or a Property Owners' Association. For those areas not maintained by a CDD, the developer shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Heritage Bay PUD, in accordance with the provisions of Collier County Ordinances, together with any applicable permits from the South Florida Water Management District. Most common area maintenance will be provided by a Property Owners' Association or other appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC, Section 2.2.20.3.8. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Heritage Bay PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 with geotextile mat 4. Structural wailed and stacked rock berms—vertical B. Fence or wall maximum height: Ten feet as measured from the finished floor elevation of the nearest residential structure within the development. If a fence or wall is constructed on a landscaped berm which includes materials to minimize the visual impact of the wall, the wall height shall be measured from the top of the berm elevation and shall not exceed 8 feet in height. C. Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall be governed by the height limitations for principal structures of the District in which they are located. In the case of access control structures within rights-of-way adjoining two or more different Districts, the more restrictive height standard shall apply. D. Fences or walls may be placed zero feet from the internal rights-of-way provided that shrubs are provided in the right-of-way and may be located five feet from the project perimeter. 7/23/2003-119347 Ver.14!-OWEHR cru N0442-005-003-PPNS-26902 2-7 E. Water management systems, drainage structures and utilities are allowed in landscape buffers/easements subject to the provisions in Section 2.4.7.3 (1), (2) and (3) of the LDC. Pedestrian sidewalks and or bike paths and signs are allowed in landscape buffers/easements subject to the provisions of Section 2.4.7.3.(4) of the LDC. F. Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalks/paths will be allowed within a utility easement, including placement within three feet of a utility line. Canopy trees may be located seven feet from the utility line, said seven feet being measured from the trunk of the tree to the center of the utility line. Reconstruction of sidewalks/paths, or modification/reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 2.12 CLEARING AND FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Heritage Bay PUD. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator. The following standards shall apply: 1. Stockpile maximum height: 45 feet 2. Fill storage areas in excess of 5 feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers, if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). B. Soil erosion control shall be provided in accordance with Division 3.7 of the LDC. 2.13 PRELIMINARY SUBDIVISION PLAT PHASING %Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.14 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Heritage Bay PUD except in the Preserve District. General permitted uses include the continuation of earth mining, asphalt/concrete plant, rock crushing and commercial excavation operations, and those uses which generally serve the residents of the Heritage Bay PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.6.9.1 of the LDC. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. • 7/23/2903-119347 Ver:141-OVYENF c443 N0442-005003-PPHS-28902 2-8 4. Septic system for remote golf shelters 5. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 6. Guardhouses, gatehouses, and access control structures. 7. Architectural features and elements including walls, fences, arbors, gazebos and the like. 8. Community and neighborhood parks, boardwalks, trails and recreational facilities. 9. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 10. Landscape/hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of the Heritage Bay PUD. 11. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of the Heritage Bay PUD. 12. Earth mining and related processing, asphalt/concrete plant, rock crushing, commercial excavation and off-site hauling, subject to the terms of prior approvals referenced in Section 2.7 — Lake Setback and Excavation of the Heritage Bay PUD and the_following: a. Florida Rock Industries will continue to conduct mining operations and mining related activities on portions of the site pursuant to Collier County Excavation Permit No. 59.113, and any subsequent modifications approved by Collier County, for the portions of the property owned by Florida Rock Industries. This project will be developed in stages through transfer of property ownership from Florida Rock Industries to U.S. Home Corporation. b. Where the existing approvals and excavation permit are less restrictive by their terms than the provisions of the Heritage Bay PUD approval, the provisions of the existing excavation permit and other approvals shall prevail for any areas that remain owned by Florida Rock Industries, Inc. For any areas that are transferred to U.S. Home, the terms of the Heritage Bay PUD Ordinance shall control. c. Excavation for earth mining shall be consistent with that shown on the Heritage Bay PUD Master Concept Plan. No additional impacts to the Preserve Area shall be allowed as a result of the existing excavation permit for earth mining activities. 7/232003-119347 Ver 14,°WENN NO 42-005-003-PPHS-29902 2-9 B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to general permitted uses: 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall have no required setback. 2. Other general permitted uses shall be set back a minimum of five feet from property lines except for the temporary treatment plant which shall have a minimum setback of 100 feet from property lines. 3. Minimum distance between structures which are part of an architecturally unified grouping—Five feet. 4. Minimum distance between unrelated structures—Ten feet. 5. Maximum height of buildings—35 feet. 6. Maximum height of architectural features —65 feet. 7. Maximum height of earth mining, asphalt/concrete plant and rock crushing structures- 50 feet. 8. Minimum floor area - None required. 9. Minimum lot or parcel area - None required. 10. Sidewalks and bikepaths may occur within County required buffers subject to the provisions in Section 2.4.7.3.(4) of the LDC. 11. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC provision(s) in effect at the time this PUD is approved. 2.15 OPEN SPACE REQUIREMENTS The Heritage Bay PUD Master Concept Plan identifies approximately 1793± acres included in the preserves, lakes, recreation, open space, golf courses and buffer areas. These areas fully satisfy the open space requirements of Section 2.6.32 of the LDC and the requirement in the Urban-Rural Fringe Transition Zone Overlay that "70% of the property be open space". 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS The 863± preserve acres on site fully satisfy the requirements of Section 3.9.5.5.2. of the LDC. 7(2312003-119347 Ver141-DWEHR cNn' N0442-005-003-PPHS-26902 2-10 2.17 SIGNAGE A. General 1. All Collier County sign regulations in force at the time of approval of this Ordinance shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be placed within a County dedicated right-of-way, a right-of-way permit shall be applied for and approved, except for signage pertaining to and/or facilitating traffic movement. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be allowed in landscape buffers/easements 7. Entrance and boundary markers may be placed prior to subdivision approval provided a building permit for the markers is obtained prior to placement. B. Boundary Markers 1. Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries. V-type boundary marker monuments shall be permitted only at intersections. 2. A maximum of ten boundary marker monuments shall be permitted. 3. The sign face area of each side of the boundary marker monument shall not exceed 64 square feet and shall not exceed the height or length of the monument upon which it is located. If the boundary marker monument is two-sided, each sign face shall not exceed 64 square feet of area. 4. The total sign face area shall not exceed 64 square feet. The size of the letters, graphics, and the typography and color scheme used in each individual project, business, or directional identification on boundary marker monument(s) shall be similar to and consistent with the other identifications placed on the same boundary marker monument. 7/2312903-119347 Ver 14!-DWEHR CAW N0442-005-003-PPHS-26902 2-11 5. Sign face area is calculated by total square footage of name, insignia, and motto only. 6. Boundary marker monuments may not exceed a height of eight feet above the crown of the nearest road. 7. Boundary marker monuments may be lighted provided all lights are directed to the sign or are shielded. C. Directional or Identification Signs 1. Directional or identification signs may be allowed internal to the Heritage Bay PUD. Such signs may be used to identify the location or.direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. 2. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of eight feet. 3. No building permit is required unless such signs are combined to form a menu board. D. Residential Project Entrance Signs 1. One ground or wall-mounted entrance sign may be located on both sides of each entrance right-of-way and in the entry median of each individual residential development within the Heritage Bay PUD. Such signs may contain the name of the subdivision and the insignia or motto of the development. These signs may be one, two or three-sided. 2. The size of letters, graphics, and the typography and color scheme used in individual project on an entrance sign shall be similar and consistent. Such signs may contain up to four individual project or identification message areas per side, as long as the total sign face on each side does not exceed 100 square feet in area. 3. No sign face area shall exceed 100 square feet and the total sign face area at each entrance may not exceed 200 square feet. If the sign is a single, two-sided sign, each sign face shall not exceed 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. Where a three-sided sign is utilized, the third sign side shall face internal to the development and the sign message area shall not exceed ten square feet. 4. The setback for the signs from any rights-of-way and any perimeter property line shall be five feet. 7!2312003.119147 Ver.141-DWEHR c.443 N0442-005-003-PPHS-26902 2-12 5. Entrance signs may be lighted provided all lights are directed to the sign or are shielded. 6. Entrance signs shall not exceed a height of 20 feet above the finished grade level of the sign site. For the purpose of this provision, finished grade level shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road. E. Internal Signs 1. Residential and community facility entrance signs may be located on both sides of the neighborhood entrance street and within the entry medians. Setbacks from internal road rights-of-way may be zero feet. Such signs shall be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Heritage Bay PUD. Individual signs shall be a maximum of 100 square feet per sign face area. Such signs shall have a maximum height of 12 feet. No building permit is required. 2. Identification signs for approved uses such as sales centers, information centers, Village Centers, or the individual components of the development may be allowed internal to the project. Individual signs shall be a maximum of 6 square feet per side. Signs maintaining a common architectural theme may be combined to form a menu board and shall be a maximum size of 64 square feet per side and a maximum height of 8 feet. F. Village Center Signs 1. Village Center entrance signs may be located on both sides of the entrance drive to a Village Center and within its entry median. Setbacks from internal road rights-of-way may be zero feet. Such signs may be used to identify the location of Village Center, clubhouse, recreational areas and other features within the Heritage Bay PUD. Individual signs shall be a maximum of 100 square feet per sign face area. Such signs shall have a maximum height of 12 feet. No building permit is required. 2. Wall, Mansard, Canopy or Awning Signs a. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. Corner units within multiple- occupancy parcels, or multi-frontage single-occupancy parcels shall be allowed three signs. Such signs shall not be combined for the purpose of placing the combined area on one wall. In addition, outparcels within a Village Center shall be allowed one additional wall sign facing the Village Center, if the additional sign is not visible from any road right-of-way. The combined area of 7(2312003-119347 ver.141-OWEHR N0442-009-003-PPHS-213902 • 2-13 those signs shall not exceed the maximum allowable display area for signs. b. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 250 square feet in area for any one sign. 3. Pole signs Two pole signs shall be permitted for each internal street, provided there is a 500-foot separation between such signs. a. Maximum allowable sign area: 100 square feet per side, if two sided b. Maximum allowable height: 20 feet c. Setbacks: 10 feet from any rights-of-way or property lines. d. Spot or floodlights may be permitted provided said light shines only on the signs and is shielded from motorists and adjacent residents. 4. Projecting signs Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. A projecting sign shall not project more than four feet from the building wall to which it is attached. b. A projecting sign shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into rights-of-way. d. Projecting signs, which project over any pedestrian way(s), shall be elevated to a minimum height of eight feet above such pedestrian way. 5. Under-Canopy Signs In addition to any other sign allowed by this ordinance, one under-canopy sign shall be allowed for each establishment in the Village Center. Such a sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. 7/23/2003-119347 Ver:14!-DWEHR 0943 N0442-005-003-PPHS-26902 2-14 G. Activity Center Commercial Signs Activity Center Commercial Project Entrance Signs, Project Directory Signs, and Free-Standing Use Monument Signs shall conform to the requirements of Division 2.5 of the LDC. H. Real Estate Signs Real estate signs with a maximum size of six square feet per side shall be permitted. No building permit is required. Temporary Signs Temporary signs shall conform to the requirements of Division 2.5 of the LDC. J. Special Event signs are permitted. Such signs shall not exceed 32 square feet in size per side. Such sign shall be located no closer than 15 feet to any property line. No building permit is required. K. Grand Opening Signs Grand Opening Signs may be displayed on-site. Such sign shall not exceed 32 square feet on a side and 64 square feet total. Any banner signs shall be anchored and shall be displayed on-site for a period not exceeding 14 days within the first three months that the entity displaying the sign is open for business. L. Construction Entrance Signs 1. Two "construction ahead" signs may be located at appropriate distances from a construction entrance. Such signs shall be a maximum of 20 square feet each in size. No building permit is required. 2. One sign may be located at each construction entrance to identify the entrance as such. Such signs shall be a maximum of 20 square feet each in size. No building permit is required. M. Traffic Signs 1. Traffic signs, such as street signs, stop signs, and speed limit signs, shall be designed to reflect a common architectural theme. 2. The placement and size of such signs shall be in accordance with FDOT criteria. 7/23/2003-119347 Ver:14.-DWEHH c/.�13 N0442-005-003-PPHS-26902 2-15 2.18 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 01-57, as amended, except as may be provided in Section 2.4 of this Document. B. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. C. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 10D-6, Florida Administrative Code, and may use potable or irrigation wells. D. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 10D-6, Florida Administrative Code, and may use potable or irrigation wells. 2.19 SURFACE WATER MANAGEMENT SITE FILLING AND GRADING A. In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a three-day duration and 25-year return frequency. B. The Heritage Bay PUD is a reclamation project from an existing mining activity. Lake excavations and littoral zone plantings shall conform to the requirements of the GMP and LDC in effect at the time of final development order approval. The following GMP policies and LDC regulations have been applied to this PUD to create the resultant regulations. 1. The Heritage Bay PUD shall comply with the regulations for all wet detention ponds that are used as a part of its water management system, as identified by its South Florida Management District Environmental Resource Permit. Wet detention ponds are described as lakes that provide 1" of water quality detention. Attenuation lakes are described as lakes that provide flood attenuation but not the required water quality detention. Wet detention ponds, or portions thereof, within the urban boundary shall have a littoral shelf with an area equal to 7% of the pond's surface area measured at the control elevation. The littoral areas shall be planted with native aquatic vegetation. Wet detention ponds, or portions thereof, outside the urban boundary shall have a littoral shelf with an area equal to 30% of the pond surface area measured at the control elevation. The littoral areas shall be planted with native aquatic vegetation. The 7/23/2903-119347 Ver:14.-DWEHR c4A3 N0442-005-003-PPHS-28902 2-16 total area of littoral plantings shall be calculated and the planting areas shall be provided in accordance with Division 3.5 of the LDC. 2. As an alternative to the planting or creation of littoral shelves, credit for wetlands that are preserved above the minimum required by Policy 6.1 of the Conservation and Coastal Management Element shall be applied toward meeting littoral zone planting area requirements on a ratio of one to one. For each acre of wetlands set aside above the minimum requirement of said Policy 6.1, one acre of littoral zone plantings shall be subtracted from the littoral zone planting area requirements. Said Policy 6.1 requires preservation of 40% of native vegetation present not to exceed 25% of the total PUD property. Twenty-five percent of the PUD's total site area (2562 acres) is 640 acres. This PUD provides for preservation of 863 acres of native vegetation including wetlands that have significant hydrologic value, therefore the extra 221 acres shall be credited toward meeting littoral zone planting area requirements. C. Lake side slopes shall be sloped at 4:1 from control elevation to a depth of five feet. 2.20 ENVIRONMENTAL A. The developer shall be subject to Division 3.9 of the LDC, in effect at the time of permitting, requiring the acquisition of a tree removal permit prior to any land clearing. B. All invasive exotic plants, as defined in the LDC, shall be removed from development areas, open space areas, and preserve areas during each phase of construction. Following site development, a continuing maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. C. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall he provided in accordance with Section 3.2.8.4.7.3 of the LDC. Conservation easements shall be dedicated on the plat to the homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. D. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves in all places and averaging 25 feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Environmental Services Staff. E. Final alignment and configurations of water management structures 'shall be subject to minor field adjustments to minimize habitat destruction. 7(3/2003-119347 Ye,.14,-DWEHR c42143 N0442-005-003-PPHS-26932 2-17 F. The developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species on-site. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. 2.21 TRANSPORTATION A. The developer shall provide street lighting at the project entrances in conjunction with the construction of same. B. The developer shall make a fair share contribution toward the capital cost of a traffic signal on Immokalee Road and any access point(s) when, and if deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. C. The developer shall dedicate a 100-foot right-of-way along the western boundary of the Heritage Bay property from the southwest corner of the property north to the conservation/preserve area (approximately the mid-point of Section 14), which is a distance of generally 11/2 mile, to the County. The developer shall receive no impact fee credits for the dedication. The dedication shall take place within the timeframe established by Subsection 2.2.20.3.7 of the LDC. D. If the County acquires the needed right-of-way at the intersection of County Road 951 and lmmokalee Road (not owned or controlled by the developer), then the developer shall construct for a distance of '/z mile from said intersection a 2-lane access road within the 100-foot dedicated right-of-way. The developer shall receive no impact fee credits for the cost of such construction. The developer shall construct this 2-lane access road to arterial standards within a multilane urban arterial cross section. E. Within 45 days of the County's issuance of a Notice to Proceed on a construction contract to widen Immokalee Road to six lanes between 1-75 and the eastern boundary of the Heritage Bay project, the developer shall prepay to the County the first $5,000,000.00 of the Heritage Bay road impact fees for the purpose of advancing the six-laning of Immokalee Road from 1-75 to Collier Boulevard and from Collier Boulevard to the eastern boundary of the Heritage Bay project. In exchange for this prepayment, Collier County shall: (a) modify the lmmokalee Road construction project east of Collier Boulevard (Project #60018) to provide six lanes on Immokalee Road from Collier Boulevard to at least the eastern boundary of Heritage Bay, and (b) advance the construction of the six-laning of Immokalee Road between 1-75 and Collier Boulevard to at least 2006, unless unforeseen circumstances make it impractical to meet this schedule. If the construction is phased as two or more phases, the impact fee prepayment shall be phased and equally apportioned for each phase. 72312603-119347 Ver:14,DWENR 0.41143 N044 N0442-005-003-PPNS-26902 2-18 F. The road impact fee prepayment of $5,000,000.00 shall be applied as the first 50% payment required under Division 3.15 of the LDC to obtain Certificates Of Public Facility Adequacy which Certificates shall be issued by County upon receipt of payment. G. The developer shall not request a full median opening on Irnmokalee Road, nor on County Road 951, any closer than 1/2 mile from the intersection of said roadways. However, a right-in and right-out access may be constructed on either or both of these roadways within that % mile distance at the 1/4 mile distance. H. The developer shall not be entitled to receive building permits for more than 2,588 dwelling units (which represent 75% of the total approved number of dwelling units) until the first of the following occurs: (1) County Road 951 Extension is under construction to connect to Bonita Beach Road for more than 'A a mile north of its current terminus at lmmokalee Road, or (2) after July 1, 2006 and together with the completion of the Lee/Collier County Project Development and Environmental Study for County Road 951 Extension and approval of the" no build" option by the respective Lee and Collier County Commissions, or (3) July 1, 2008. Building permits for dwelling units which meet the County's guidelines for workforce or affordable housing are exempt from and shall not be included in calculating the 2,588 dwelling unit building permit limitation. 2.22 OTHER PUBLIC BENEFIT COMMITMENTS A. General Government Site The developer agrees to donate 7.73 acres to the County for utilization by the County as a satellite operations center including emergency medical services, sheriff's substation, fire station, pump station, well site and general government center including offices for other constitutional officers. This donation is not subject to the receipt of impact fee credits. B. Parks and Recreation The developer agrees to prepay $2.8 million in park impact fees to the County within 45 days of the effective date of this Ordinance. This amount shall be credited against the park impact fees due from the development. Additionally, the developer will donate $717,000 to the County for use in developing regional park facilities. This payment is in lieu of any donation to the County of any lake system, or access thereto, within the project. C. Well Sites Responsibility of the Developer: 7/238003-110347 Ver'.141-DWENR GNII N0442.005-003-PPNS.28002 2-19 1. Provide locations for six potential well sites with each site capable of fitting two wells for use by Collier County for potable water supply wells, supplemental water wells, and/or aquifer storage and recovery wells. 2. Three well sites will be located as shown on Exhibit D 1. The easements for each well site will be as shown on Exhibit D 1. 3. Well sites 4 — 6 may be located in one of the following two optional locations with the understanding that wells 4, 5 and 6 must be located within the same optional location. The optional locations are: Option 1 —951 right-of-way as deeded by the developer to Collier County Option 2 — Littoral zone between the recreational lake and the south property line of the project. These two optional locations are shown on Exhibit D 2. It is agreed that Option 1 will be utilized provided that the Predesign and Engineering (PD&E) study for the 951 extension shows that 951 is not feasible for construction at this location, which is approximately 1 mile north of the Immokalee Road/951 Intersection. Should the PD&E study show the feasibility of 951 at this location, then Option 2 will be utilized. 4. Sizing of Electrical Systems for Heritage Bay will be coordinated with Collier County to ensure that FP&L projections and installation of equipment will accommodate these well pumps and generators. 5. Proposed well locations shown on Exhibits D 1 and 2 will not be utilized for littoral credit or be placed in a conservation easement by the developer. Collier County Government will be Responsible for: 1. Design, permitting, funding, developing, and maintaining all transmission lines, wells and well sites located on the Heritage Bay project. 2. All wells and generators will be encased within a building which is architecturally compatible with the surrounding buildings or located in an underground vault. 3. Total cost of transmission lines including design, purchase, and installation. 4. Well sites may result in environmental impacts. Mitigation and all associated cost and permitting will be by Collier County. General Conditions: The easement granted for each well site shall be as shown below: 7/23/2003-119347 ver 141-OWEHA CAMS N0442-005-003-PPHS-26902 2-20 1. Well Site 1 — 100 feet by 100 feet 2. Well Site 2 — 150 feet by 150 feet 3. Well Site 3 — 100 feet by 100 feet (all above ground facilities shall be low profile and minimized to the greatest extent possible at this location) 4. Well Site 4, 5 and 6 a. Option 1 locations — 100 feet by 150 feet b. Option 2 locations — middle site 150 feet by 150 feet and two sites on either side 100 feet by 100 feet 5. Landscaping shall be initially installed by Collier County to specifications mutually agreed to between the developer and Collier County. Once installed the developer shall be responsible for the maintenance of landscaping for well sites 1-2 and for well sites established under Option 2. Landscaping for well sites established under Option 1 will be maintained by Collier County Government. 6. Approximate locations are shown in the attachments. Final locations to be approved by US Home or the landowner. 7. Proposed wells will not prohibit or impact existing or proposed land uses. 8. Transmission lines will be located around the perimeter of the project either within the 100' right-of-way dedication to Collier County along the western property boundary or within the SFWMD 100' Canal right-of-way. 2.23 ARCHAEOLOGICAL RESOURCES A. Any significant archaeological sites discovered within the Heritage Bay PUD shall be preserved in perpetuity and shall be recorded as "preserve" on all appropriate plats, site plans, and the Master Development Plan for the Heritage Bay PUD. B. In areas where there are existing archaeological sites in the vicinity of proposed development, a buffer or conservation easement averaging 25 feet in width, or other equivalent protection (such as temporary fencing or other structural barriers), shall be placed around the archaeological sites. Any exotic vegetation removal in these areas shall be by hand and not by mechanical means. C. The developer shall support registration of any significant archaeological sites in the National Register of Historic Places. 7/2312003-119347 Ver.141-DWEHR CAW N044 N0442-005-003 PPHS-26902 2-21 D. The developer shall cooperate with the Division of Historical Resources' (DHR) investigation of any existing sites by allowing access to the archaeological sites by the State, whenever such access can be reasonably accommodated. E. If any additional archaeological/historical sites are discovered during development activities, all work in the immediate vicinity of such sites shall cease immediately, and the developer shall contact DHR, Southwest Florida Regional Planning Commission (SWFRPC), and Collier County Code Enforcement Department so that a state-certified archaeologist can determine the significance of the find and recommend appropriate preservation and mitigation actions, as necessary. 2.24 AFFORDABLE HOUSING A. The developer shall construct on-site on the lands designated "AC/R3" on the Master Concept Plan a minimum of 160 townhouse units and a maximum of 190 townhouse units to be offered for sale to persons meeting the Collier County affordable housing guidelines for 80% moderate income level for a period beginning with the date of issuance of the building permit for each building containing said townhouse units, and continuing for six (6) months thereafter, or for 30 days after the Certificate of Occupancy for each building containing said townhouse units is issued, whichever is later. Also, for a time period extending from the date of the issuance of the Certificate of Occupancy, the developer shall offer the remaining unsold units to the County or its designee for purchase for a period of 45 days after which time any unsold unit may be sold at market rates. B. The developer shall donate $475,000 to Habitat for Humanity of Collier County ("Habitat"). The donation represents one-half of the purchase price of 10 acres of land currently under contract by Habitat and located just south of Immokalee Road and generally east of County Road 951. The donation shall occur within 120 days of the final approval of the Heritage Bay PUD/DRI by the Board of County Commissioners and the expiration of all appeal periods without an appeal being filed. C. Prior to the issuance of the final Certificate of Occupancy for the development the developer shall have all the affordable housing units on-site completed and available for occupancy. At a minimum, the affordable housing units shall be phased in thirds to coincide with the development of other residential dwelling units in the project. D. If the developer constructs less than 190 affordable housing townhouse units on- site, for each unit less than the maximum of 190, the developer shall donate the sum of $10,000 per unit to Habitat. For example, if 180 affordable housing townhouse units are constructed on-site, the developer would donate $100,000.00 to Habitat, which represents 10 units times $10,000. E. At any time in the future, should the developer request an extension to the approved build-out date for the project, the developer shall re-examine the housing needs of the project and provide an updated re-analysis of the affordable housing required. The developer shall use the methodology in use at 7/902009-110947 Ver.151-GWEHR 43 NO N0442-005.009-PRI B 26002 2-22 the time of the re-analysis by SWFRPC, the Florida Department of Community Affairs, and Collier County. Any future mitigation requirements that are caused as a result of the re-analysis shall be consistent with the options listed in Rule 9J- 2.048 of the Florida Administrative Code. 2.25 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. 2.26 SUNSETTING This PUD is not subject to the sunsetting provision of Section 2.7.3.4 of the LDC. The DRI Development Order for the Heritage Bay Community, relative to duration, shall govern. • 7/30/2003-119347 Ve,.151-DWEHR 4 640442-605.003-Oa�2-003003-PPHS•26902 3-1 SECTION III RESIDENTIAL DISTRICTS 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "R1", "R2", "R3" and "R4" Districts 3.2 GENERAL DESCRIPTION Areas designated as "R1", "R2", "R3" and "R4" Districts on the Heritage Bay PUD Master Concept Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R1", "R2", "R3" and "R4" Districts is indicated on the Heritage Bay PUD Master Concept Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2, respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.3 PERMITTED USES AND STRUCTURES - "R1" AND "R2" DISTRICTS No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings. 2. Single family attached, townhouse dwellings and duplexes. 3. Zero lot line dwellings 4. Multi-family dwellings, low-rise 5. Assisted living facilities 6. Model homes, sales centers including administrative offices and construction offices. 7. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: • 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including garages, gazebos, picnic areas, pedestrian and bicycle paths, tennis courts, swimming pools, other facilities intended for outdoor recreation, project maintenance facilities, 13 0120 0 3.119347 Ver ISI-DWEHR 0rw N0442-005-003-PPI-4S.26902 3-2 guest houses, cabana bedrooms, boat docks, beaches, boat ramps, piers or other such facilities constructed for purposes of lake recreation for residents of the project and their guests, other recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.4 PERMITTED USES AND STRUCTURES - "R3" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. All of the uses permitted in the Residential "R1" and "R2" Districts. 2. Multi-family dwellings, low-rise. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. All of the accessory use permitted in the Residential "R1" and "R2" Districts. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.5 PERMITTED USES AND STRUCTURES - "R4" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. All of the uses permitted in the Residential "R3" District. 2. Multi-family dwellings, mid-rise. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. All of the accessory use permitted in the Residential "R3" District. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 7130/2007-119747 Ver 151-D/0/EHR 0u43 /40442.005.007-PPHS-26902 3-3 3.6 DEVELOPMENT STANDARDS A. Table 1 and Table 2 set forth the development standards for land uses within the "R1", "R2", "R3" and "R4" Districts. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. C. Multiple family buildings shall have 1.5 parking spaces for all bedroom unit types, with an additional 10 percent of parking for multiple family buildings to accommodate guest parking. D. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC in effect at the time of site development plan approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. E. Development standards for uses not specifically set forth in Table 1 and Table 2 shall be established during site development plan approval as set forth in Division 3.3. of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. F. Required property development regulations may be approved that are different than those set forth in Table 1 and Table 2, subject to the requirements of Section 2.6.27 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.15 of this PUD. G. Off Street Parking For Multi-Family Uses 1. A green space area of at least 10 feet or more in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul- de-sacs serving 24 units or less. 2. Off-street parking required for multi-family tracts of 120 or more units shall be accessed by parking aisles or driveways which are separated from any abutting roads that serve the development. 3. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. H. Single family zero lot line dwellings are identified separately from single- family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying development standards under Table 1 and Table 2. Zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Subsection 2.6.27 of the LDC. 7/30/2003.119347 Ver 15'-UWEHR C.143 N0442-005.003-PPHS-26902 3-4 Attached or detached residences which include those having cabana bedrooms accessed from the courtyard and not the main house are permitted providing that: 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single-family residence, 2. The cabana structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3. The cabana structure may not contain primary cooking facilities. J. In the case of residential areas with a Traditional Neighborhood Development (TND), the TND shall be deemed a common architectural theme. Required property development regulations may be approved that are different than those set forth in Table 1, subject to approval by the Collier County Planning Commission, in accordance with the criteria contained in Section 2.6.27.4.6,1 through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.15 of this PUD. K. For the purpose of calculating density in the "R1", "R2", "R3" and "R4" Districts when assisted living facilities/congregate care facilities are developed, each such facility's dwelling unit shall be considered to be equal to .33 of a residential dwelling unit. L. Standards for trash or recycle receptacles shall conform with Section 2.6.15 of the LDC except in the case of multiple family buildings that do not receive curbside service pick up and choose to use dumpster service. In that case, at least one standard size bulk container per every thirty units shall be required. n 7/300003-110347 Ver:15!-MENA CA143 NO-442 005 003 PPHS-20902 3-5 TABLE 1 DEVELOPMENT STANDARDS FOR "R1" RESIDENTIAL DISTRICT SINGLE SINGLE SINGLE MULTI FAMILY FAMILY ZERO LOT LINE DUPLEX FAMILY FAMILY DETACHED DETACHED ATTACHED & DWELLINGS 1 2 TOWNHOUSE Low-Rise Minimum Lot Area 5,000 sq.ft. 2,800 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 10,000 sq.ft. Minimum Lot Widths 50 ft. 35 ft. 35 ft. 35 ft. 20 ft. 100 ft. Minimum Average Site Depths 100 ft. 65 ft. 100 ft. 100 ft. 40 ft. 120 ft. Principal& 20 ft. 20 ft. 15 ft. 15 ft. 20 ft. 15 ft. Accessory Garage Front Yard Front/Side 23 ft./10 ft. 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft Setback1,7, Entry 12 Garage or Carport on Parking n/a n/a 0 ft. 0 ft. n/a 0 ft. Lot Accessway Rear Yard Principal 10 ft. 5ft. 10 ft. 10 ft. 10 ft. 20 ft. Setback Accessory 6,7 2,10,11,12 5ft. 5ft. 5ft. 5ft. 5ft. 10 ft. 0 ft one side 10 ft.other side Side Yard Setback OR '/2 the Building Principal&Accessory 6 ft. 6 ft. 3'-1"one side 6 ft. 0 ft or 7'/z ft Height 2,4,7,8,10,11,12 6'-11"other side g OR 5 ft. on both sides Preserve Principal 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. Setback lkAccessory 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Maximum Heights 35 ft. 35 ft. 35 ft. 35 ft. 50 ft. 65 ft. the Sum of Distance Between '/2 Principal Structures n/a n/a n/a n/a 10 ft. the Budding Heights Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 900 sq.ft. 900 sq.ft. 750 sq.ft. 750 sq.ft. 1 Front yards for dwellings and side-entry garages are measured from back of curb or edge of pavement (if not curbed). Front yards for a front- loaded garage are measured from garage door to back of curb,edge of pavement or sidewalk,whichever Is closer to the garage door. 2. Where adjacent to a golf course,lake(measured from top of bank),or open space reduced to 0 feet. 3. Building height -See Section 1.8. 4. All zero lot line units in a series shall have the 0-foot side setback on the same side of the lot. The zero foot setback side may change only if a minimum 10 foot wide space is provided in the form of an easement,golf course crossing,or the like,which separate the lots. 5. Minimum lot width may be reduced by 29%for cul-de-sac lots provided minimum lot area requirements are met. 6. For any lot served both by a street and an alley,the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be . measured from the edge of pavement. 7. Guesthouses or cabana bedrooms are subject to the setback requirements for pnnopal structures. 8. The side corner setback shall be the same as the required side principal structure setback. . 9. Site depth average—determined by dividing the site area by the site width. 10. Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attached to common privacy wall. 11. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet. 12. Common architectural features such archways,arbors,and courtyard entry features shall be exempt from the minimum yard requirements listed above. 13. For the purpose of Table 2,the term"multi-family building"includes assisted tying facilities 7/30/2003-110347 Ver 151-OVVEHR uvo N0442-005-003-PPHS-26002 3-6 TABLE 2 DEVELOPMENT STANDARDS FOR "R2", "R3" AND "R4" RESIDENTIAL DISTRICTS SINGLE SINGLE MULTI FAMILY DWELLINGS FAMILY ZERO LOT LINE DUPLEX FAMILY ATTACHED & DETACHED TOWNHOUSE Low-Rise Mid-Rise Minimum Lot Area 5,000 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 10,000 sq.ft. 10,000 sq.ft. Minimum Lot Widths 50 ft. 35 ft. 35 ft. 20 ft. 100 ft. 100 ft. Min.Average Site Depth 9 100 ft. 100 ft. 100 ft. 40 ft. 120 ft. 120 ft. Principal& 20 ft. 20 ft. 15 ft. 15 ft. 15 ft. 20 ft. Accessory Garage Front Yard Front/Side 23 ft./10 ft. 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft n/a10 ft. Setback1'7' Entry 12 Garage or Carport on n/a n/a 0 ft. n/a 0 ft. 0 ft. Parking Lot Accessway Rear Yard Principal 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 20 ft. Setback 6, Accessory 7 2,10,11,12 5ft. 5ft. 5ft. 5ft. 10 ft. 10 ft. Oft one side 10 ft.other side -- Side Yard Setback OR + '/2 the y the Building Principal&Accessory 6 ft. 3'-1"one side 6 ft. 0 ft or 7 ft Building 2.4,7,8,10,11,126'-11"other side Height Height OR 5 ft.on both sides Preserve Principal 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. SetbackAccessory 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Ik Maximum Heights 35 ft. 35 ft. 35 ft. 35 ft. 65 ft. 100 ft. Distance Between 10 ft. 10 ft. n/a 10 ft. 1/=the Sum of the Building Principal Structures Heights Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 900 sq.ft. 750 sq.ft. 750 sq. ft. 750 sq.ft. 1 Front yards for dwellings and side-entry garages are measured from back of curb or edge of pavement(if not curbed). Front yards for a front- loaded garage are measured from garage door to back of curb,edge of pavement or sidewalk,whichever is closer to the garage door. 2. Where adjacent to a golf course,lake(measured from top of bank),or open space reduced to 0 feet. 3. Building height -See Section 1.8. 4. All zero lot line units in a series shall have the 0-foot side setback on the same side of the lot. The zero foot setback side may change only if a minimum 10 foot wide space is provided in the form of an easement,golf course crossing,or the like,which separate the lots. 5. Minimum lot width may be reduced by 29%for cul-de-sac lots provided minimum lot area requirements are met. 6. For any lot served both by a street and an alley,the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. 7. Guesthouses or cabana bedrooms are subject to the setback requirements for principal structures. 8. The side corner setback shall be the same as the required side principal structure setback. 9. Site depth average—determined by dividing the site area by the site width. 10. Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attached to common privacy wail, 11. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet. 12. Common architectural features such archways,arbors,and courtyard entry features shalt be exempt from the minimum yard requirements listed above. " 13. For the purpose of Table 2,the term"multi-family building"includes assisted living facilities 713012003-119347 Ver.19-DWEHR cuu N0442-005.003-PPHS-26902 4-1 SECTION IV VILLAGE CENTER DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the three Village Center areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "VC". 4.2 MAXIMUM SQUARE FOOTAGE The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. Commercial activities within the Village Centers are limited to a total of 26 acres. 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center District is indicated on the Heritage Bay PUD Master Concept Plan. The Village Center portion of this District shall be consistent with the requirements of GMP, FLUE, Section I B. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2, respectively, of the LDC. The Village Center tracts are is designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 4.4 PERMITTED USES AND STRUCTURES '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. Permitted Principal Uses and Structures 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Automatic Teller Machines (Group 3578) 3. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997). 4. Apparel and Accessory Stores (Groups 5611-5699). 5. Gasoline Service Stations (Group 5541). 6. Automotive Carwashes (Group 7542) 7. Business Services (Groups 7334, 7349) 8. Eating and Drinking Establishments (Groups 5812, 5813). 9. Food Stores (Groups 5411-5499). 10. General Merchandise Stores (Groups 5311-5399). • 11. Golf Clubhouse and Boat Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Groups 7992, 7997, 7999) 12. Miscellaneous Retail (Groups 5912-5963, 5992-5999). 7/302003-119347 Ver.151-DWEHR CM43 N0442-005-003.PPHS-26902 4-2 13. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7251, 7291-7299). 14. Real Estate (Groups 6512, 6531, 6541). 15. Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spas and other Recreational Clubs (Groups 7991, 7999) 16. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999) 17. Residential uses as set forth in Section 3.4 of this Document including residential units integral to Village Center structure(s) and as freestanding uses. Freestanding residential uses shall comply with the development standards set forth in Section 3.6 18. Travel Agencies (Groups 4724 and 4725) 19. United States Postai Service (Group 4311 except major distribution center). 20. Video Tape Rental (Group 7841). 21. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses include but are not limited to recreational facilities that serve as an integral part of the permitted uses such as pools, tennis facilities, beaches, boat docks, parks, playgrounds and playfields, restrooms, shelters, golf cart storage areas and snack bars. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 4.5 DEVELOPMENT STANDARDS A. The frontage/depth criteria often included in development standards is not applicable since the Village Center uses are located internal to the Heritage Bay PUD and have no actual road frontage. B. Minimum Setback Requirements 1. Principal structures shall be set back a minimum of 10 feet from Village Center District boundaries and roads; 25 feet from all residential tracts; and 25 feet from preserves. 2. Accessory structures shall set back a minimum of five feet from Village Center District boundaries and roads; 20 feet from all residential tracts; and 10 feet from preserves. 3. Setbacks from lakes for all principal and accessory uses may be zero feet provided architectural bank treatment is incorporated into the design and subject to written approval from Collier County Planning Services Department. 7130/2003-118347 Ver:151-DWEHR 'Ana 110442-005-003-PPHS-26002 4-3 C. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of buildings (including architectural features) -65 feet. E. Maximum height of communication antennas -65 feet. F. Minimum distance between principal structures- 10 feet. G. Minimum distance between accessory structures (excluding drive-through facilities) - 10 feet. H. Maximum floor area ratio for the commercial component: 0.25 Due to the internal orientation, the number, the different locations, the types of uses and the multi-purpose function of the Village Center buildings where commercial uses will be fully integrated with recreational and other uses. The requirement that 30% of the residential building permits shall be issued prior to the development of neighborhood commercial uses shall be waived. J. Each of the three Village Center shall have a unified plan of development which is architecturally integrated internally and with the neighborhood it serves. That plan will be submitted with each of the Village Center Site Development Plan. K. Due to the nature, location and internal orientation of the Village Centers, the LDC architectural review requirements for Village Centers shall be waived. L. Required parking for Village Center non-residential uses shall be consistent with Section 2.2.20.4.7.1.6, of the LDC. Residential parking requirements are set forth in Section 3.6 C of this PUD Document. Golf cart storage areas are considered accessory to the golf clubhouse and have no required parking. v1. A unified sign plan shall be submitted and made a part of the approval for each of the Village Center Site Development Plans. N. Standards for landscaping where such standards are not specified herein are to be in accordance with Division 2.4 of the LDC in effect at the time of site development plan approval. 0. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 711012003-119347 Ver.151-DWEHR C01.3 N0442.005-003.PP1-1$-26002 5-1 SECTION V RECREATION I OPEN SPACE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "RO". 5.2 GENERAL DESCRIPTION The approximate acreage of the Recreation/Open Space District is indicated on the Heritage Bay PUD Master Concept Plan. Actual acreage of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation/Open Space tracts are designated to accommodate a full range of golf course, water-related uses, other recreational uses, water management and open space uses. 5.3 PERMITTED USES AND STRUCTURES 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: 1. Golf courses and other recreational uses. 2. Clubhouses, community and golf course maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 3. Utility, water management and right-of-way/access easements. 4. Lakes and water management facilities. 5. Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. 6. Signs as permitted by the LDC in effect at the time permits are requested, except as modified in this PUD Document. 7. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries gazebos, and picnic areas. 8. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the Recreation/ Open Space District. 9. Docks, piers, boat ramps, beaches or other such facilities constructed for purposes of lake recreation, for residents of the project and their guests. 10. Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. 11. Lake excavations as permitted by Division 3.5 of the LDC. -- 7!702003.119347 Ver'.151.DVJEHR CMC N0442-005-003-PPHS-26002 5-2 12. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. Practice driving range, golf cart barns, restrooms/shelters, and other customary accessory uses of golf courses including gasoline service. 2. Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 3. Communications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permitting. The communications facilities located in this District are accessory, incidental and subordinate activities to the overall Heritage Bay PUD. 4. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 5.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of 25 feet from "R/O" District boundaries and private roads, and 25 feet from all PUD boundaries, conservation and preserve tracts and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. 'B. Accessory structures shall set back a minimum of 10 feet from 'R/O District boundaries and private roads, and 20 feet from all PUD boundaries, conservation and preserve tracts and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. C. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of buildings - 65 feet. E. Maximum height of communications facilities - 65 feet F. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping— 10 feet. G. Minimum distance between all other principal structures— 15 feet. H. Minimum distance between all other accessory structures — 10 feet. 7/30/2007-710147 ver 151-DWEHR '.. CNq N0442-005-007 PPHS 26902 5-3 I. Minimum floor area - None required. J. Minimum lot or parcel area - None required. K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. L. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. M. Golf course rest stations and secondary maintenance buildings will be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under Rule 10D-6, Florida Administrative Code, and may use potable and irrigation wells. 5.5 TRANSFER OF DEVELOPMENT RIGHTS A. For golf course(s) located in Sections 13, 14, and 24, for each 5 gross acres of land area utilized as part of the golf course(s) ("golf course" shall include the club house area, rough, fairways, greens, and lakes internal to the golf course boundary, but excludes any area dedicated as a conservation area, which is non- irrigated and retained in a natural state) one transfer of development right (TDR) credit shall be acquired from areas identified by the County as "Sending Lands". In the event that construction of approved golf course(s) commences in Sections -- 13, 14 or 24 prior to the effective date of the County's applicable TDR program, the developer shall provide, in a manner and form acceptable to the County, financial assurances to guarantee sufficient funds to purchase the necessary number of TDR credits for golf courses. The funds guaranteed by the developer or paid to the County for the golf course TDR credits shall be equal to the required number of TDRs multiplied by the estimated value of a TDR as established by the applicable County TDR program. If such program is not in existence at the time of payment as set forth below, then the amount shall be as set forth in the Final Report by Dr. James C. Nicholas, dated November 23, 2001. B. If the construction of approved golf course(s) commences in Section 13, 14, or 24 prior to the effective date of the County's applicable TDR program, then the developer shall be required to acquire the appropriate TDR credits for golf course(s) within 90 days following implementation of the County's TDR program. In the event that an applicable TDR program has not been implemented by the County and is not effective within 48 months from the adoption date of the Heritage Bay GMP Amendment, then funds guaranteed by the developer or held by the County for the transfer of development right credits for golf course(s) pursuant to this paragraph shall be released or refunded to the developer and the requirements of this paragraph shall be null and void. 7130/2003-1107,17 Ver.151-DWEHR CAIQ NO-142 00 5 003 PPN5-26902 6-1 SECTION VI ACTIVITY CENTER COMMERCIAL DISTRICT 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as Activity Center, "AC." 6.2 MAXIMUM SQUARE FOOTAGE/UNITS Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. A maximum of 200- assisted living facility units may be constructed on lands designated Activity Center. 6.3 GENERAL DESCRIPTION Areas designated as Activity Center on the Heritage Bay PUD Master Concept Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary accessory uses. The approximate acreage of the Activity Center District is indicated on the Heritage Bay PUD Master Concept Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Commercial tracts are designed to 'accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in commercial areas. 6.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997, 7999). 3. Apparel and Accessory Stores (Groups 5611-5699). 4. Assisted Living Facilities/Congregate Care Facilities. 5. Automotive Dealers and Gasoline Service Stations (Groups 5511-5599) subject to Section 2.6.28. 6. Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7521, 7542, 7549). 7/3012003-119347 Ver.151.000E68 04.43 "0442-005-003-PPHS-76902 6-2 7. Automobile Parking (Group 7521) except for tow-in parking. 8. Auto and Home Supply Stores (Group 5531). 9. Barber Shops (Group 7241) 10. Beauty Shops (Group 7231) 11. Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 12. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 13. Child Day Care Services (Group 8351) 14. Churches and other Places of Worship 15. Commercial Printing (Group 2752, excluding newspapers). 16. Depository Institutions (Groups 6011-6099). 17. Eating and Drinking Establishments (Groups 5812, 5813). 18. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). 19. Fire Station/EMS 20. Food Stores (Groups 5411-5499). 21. General Merchandise Stores (Groups 5311-5399). 22. Glass and Glazing Work (Group 1793). 23. Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Groups 7992, 7997, 7999) 24. Group Care Facilities (Category I and II), Care Units, Nursing Homes and _ Family Care Facilities (ALF) (Groups 8051 excluding mental retardation hospitals, 8052, 8059). 25. Hardware Stores (Group 5251). 26. Health Services (Groups 8011-8049, 8082, 8093, 8099). 27. Holding and Other Investment Offices (Groups 6712-6799). 28. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736). 29. Individual and Family Social Services (Group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers; adult and handicapped only) 30. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411). 31. Legal Services (Group 8111). 32. Libraries (Group 8231). 33. Management and Public Relations Services (Groups 8741-8743, 8748), Membership Organizations (Groups 8611-8699). 34. Miscellaneous Personal Services (Group 7291) 35. Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 36. Miscellaneous Retail (Groups 5912-5963, 5984, 5992-5999). 37. Model Units/Sales Centers 38. Motion Picture Theaters (Group 7832 - 7833). 39. Multi-Family Dwellings including but not limited to Apartments. 7/30!2001 119347 Ver 151-OWEHR WV N0442-005003-PPHS-29902 6-3 40. Museum, Art Galleries (Group 8412) Non-Depository Credit Institutions (Groups 6111-6163). 41. Paint, Glass and Wallpaper Stores (Group 5231). 42. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291-7299). 43. Photographic Studios (Group 7221). 44. Physical Fitness Facilities (Group 7991). 45. Real Estate (Groups 6512, 6531, 6541, 6552). 46. Resort Recreation Facilities including but not limited to Tennis Clubs, Health 47. Spas, Equestrian Clubs and other Recreational Clubs (Groups 7991, 7999) 48. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261). 49. Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97) 50. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999) 51. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289). 52. Shoe Repair Shops and Shoeshine Parlors (Group 7251). 53. Social Services (Groups 8322-8399). 54. United States Postal Service (Group 4311 except major distribution center). 55. Veterinary Services (Groups 0742, 0752 excluding outside kenneling). 56. Video Tape Rental (Group 7841). 57. Vocational Schools (Groups 8243-8299). 58. Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.6. 59. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District including kiosk vendors. 2. Outdoor dining shall be permitted as an accessory use to an eating establishment. 3. Communications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permitting. 4. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 7110/200}119147 Ver 15.-DWEMR CA", 0/0442.005.007 PPHS-26902 6-4 6.5 DEVELOPMENT STANDARDS A. Property Development Regulations The Property Development Regulations for the Activity Center District and the adjacent Government Facility site are set forth in Table 3. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Shared parking between and among permitted uses shall be permitted throughout the Activity Center District. Each freestanding use shall not be required to provide 100% of the LDC minimum parking on the project site; however, the total parking provided for Activity Center shall meet or exceed the minimum parking required for the combined land uses. D. Access to the government facility site adjacent to the Activity Center shall be from the rights-of-way reserved for the County for future extension of Collier Boulevard (County Road 951), a minimum of 660 feet north of the intersection of Collier Boulevard (County Road 951) with Immokalee Road. 7!3012003-119347 Ver.15!-OWEHR Clay N0442-005-003-PPHS-28902 6-5 TABLE 3 DEVELOPMENT STANDARDS FOR ACTIVITY CENTER AND GOVERNMENT FACILITY SITE PRINCIPAL ACCESSORY USES USES Minimum Lot or Parcel Area 10,000 sq ft n/a Minimum Lot Width 75 ft n/a Minimum Building Setbacks Immokalee Road 35 ft or BH whichever greater 20 ft Future Extension of Collier Boulevard 35 ft or BH whichever greater 20 ft (County Road 951) Internal Frontage Drives 15 ft 20 ft 0 ft to bulkhead or riprap at top of bank provided architectural Waterfront bank treatment is incorporated 0 ft into the design and subject to written approval from Collier County Non-Right-of-Way Perimeter Project Boundary-buildings up to 50 ft in 30 ft 20 ft height Preserves 25 ft. 10 ft. Non-Right-of-Way Perimeter Project 35 ft or the Building Boundary-buildings over 50 ft in 50 ft Heights whichever is height greater Minimum Distance Between Commercial Structures which are part of an architecturally 10 ft. 10 ft unified group Between All Other Commercial 20 ft 10 ft Structures Between All Multi-Family Buildings" 1/2 the Sum of the Building 10 ft. Heights Maximum Height Retail Buildings 50 ft 35 ft Office Buildings 65 ft 35 ft Multi-Family Buildings** 65 ft 35 ft Communications facilities n/a 65 ft *excluding drive-through facilities "For the purpose of Table 3,the term"Multi-Family Building"includes Assisted Living Facilities • 7/30/2003-119347 Ver.151.DWEHR CAP43 N0 N0442.005-003-PPHS-26902 7-1 SECTION VII CONSERVATION AND PRESERVATION DISTRICT 7.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "CO" and"P". 7.2 GENERAL DESCRIPTION The 863 acres designated as Conservation and Preservation District on the Heritage Bay PUD Master Concept Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. 7.3 PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures 1. Conservation and Preserve. 2. Passive recreation, nature trails, recreational shelters, gazebos and other similar uses. 3. Water management structures. 4. Temporary construction access road. 5. Utility or roadway crossings as shown on the Heritage Bay PUD Master Concept Plan. 6. Mitigation areas and mitigation maintenance activities. 7. Hiking trails, pedestrian/golf cart boardwalks, nature trails (elevated and at grade), riding trails and other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. 8. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein. 9. 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John T. Wojdak, P.E. DELISI FITZGERALD, INC. Planning-Engineering-Project Management 1605 Hendry Street Fort Myers, FL 33901 P: (239)418-0691 F: (239)418-0692 C: (239) 565-3077 johnOdelisifitzgerald.com www.delisifitzgerald.com From: BrethauerPaula [mailto:PaulaBrethauer@colliergov.net] Sent: Wednesday, October 05, 2016 10:27 AM To: BellowsRay; John Wojdak Cc: JohnsonEric; PaulRenald Subject: RE: RaceTrac at Bellaire Bay PDI for Sign Deviations Please follow the attached procedures for Pre-App waivers. Feel free to contact me with any questions for assistance. Thank you. Paula 252-2401 From: BellowsRay Sent:Wednesday, October 05, 2016 10:21 AM To:John Wojdak<John@delisifitzgerald.com> Cc:JohnsonEric<EricJohnson@colliergov.net>; BrethauerPaula <PaulaBrethauer@colliergov.net>; PaulRenald <RenaldPaul@colliergov.net> Subject: RE: RaceTrac at Bellaire Bay PDI for Sign Deviations Hi John, I have discussed this issue with Eric and agree that a pre-application meeting can be waived in this case. Rag Raymond V. Bellows, Zoning Manager Zoning Division-Growth Management Department Telephone: 239.252.2463; Fax:239.252.6350 Cviftr County From: John Wojdak[mailto:John@delisifitzgerald.com] Sent: Wednesday, October 05, 2016 9:45 AM To: BellowsRay Cc: JohnsonEric Subject: FW: RaceTrac at Bellaire Bay PDI for Sign Deviations Ray, Have you had a chance to think about the inquire below? I have the application pretty much ready to submit. I am available this afternoon if you want to discuss further via phone. Thanks, John John T.Wojdak, P.E. DELiSi FITZGERALD, INC. Planning-Engineering-Project Management 1605 Hendry Street Fort Myers, FL 33901 P: (239)418-0691 F: (239) 418-0692 C: (239) 565-3077 johnPdelisifitzgerald.com www.delisifitzgerald.com From: John Wojdak Sent: Thursday, September 29, 2016 11:53 AM To: 'RayBellows@colliergov.net' Cc: 'JohnsonEric' Subject: RaceTrac at Bellaire Bay PDI for Sign Deviations Good Morning Ray, We're preparing a PDI submittal for the RaceTrac at Bellaire Bay to revisit a couple of the sign deviations that were withdrawn last minute at the Planning Commission hearing. I wanted to inquire as to the necessity for a pre-application meeting since the deviations are identical to those requested a couple months ago. The PDI will be limited to the signage,there are no new items or issues to be included. Please let me know your thoughts or give me a call to discuss further. Thank you, John John T.Wojdak,P.E. DELIS! FITZGERALD, INC. Planning-Engineering-Project Management 1605 Hendry Street Fort Myers, FL 33901 P: (239)418-0691 F: (239)418-0692 C: (239) 565-3077 john(a delisifitzgerald.com www.delisifitzgerald.com 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. /, ,SIGN POSTING INSTRUCTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples, or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a fmal decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the signs NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER i ('i v J BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED ohn 1, sip WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SEC'tION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER c POI L201000%1 `_, : l 1645 1-6Npati ST. '' ' S F APPLICANT OR AGENT STREET OR P.O.BOX SIG�,,' 'yoN.,, —17 GJo DA4- Fol,T My S n.. 339u/ NAME(TYPED OR PRINTED) CITY,STATE ZIP # STATE OF FLORIDA COUNTY OF COLLIER n����y The foregoing instrumentywas sworn to and subscribed before me this Hill day of 3 a.a lU1.I. , 20 , by J( 1fl VV 1 11�UUL , personally known to me or who produced as identification and who did/did not take an oath. 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" _, .. t Wi " '+.a�.",-`-+ h" ^-ti"`u� °-�" },S 1'A' a e .c _' ^ _ - Asx p REZONE FINDINGS PETITION PUDZ-02-AR-2841 Division 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following,where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the GMP. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan subject staff stipulations contained in the Heritage Bay PUD document and the companion DRI Development Order. The density permitted within the Heritage Bay PUD is consistent with the Density Rating System contained in the Growth Management Plan. 2. The existing land use pattern. The adjacent uses include the Richland PUD to the southwest that contains similar commercial uses and is also located within the Mixed Use Activity Center #3 Sub-district. The residential uses and densities are compatible with the approved Miarsol PUD to the west. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Heritage Bay PUD is of sufficient size (2,562 acres) that it will not result in an isolated district unrelated to adjacent and nearby districts. This mixed-use development is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. EXHIBIT cc » A •A1 �l I, A No. • JUL 292003 PUDZ-02-2841,Heritage Bay PUD 11 Pg g ,1 The proposed PUD is appropriate since the area is developing with similar uses and there are adequate public facilities subject to the required mitigation. Furthermore, the subject PUD has a positive relationship to the GMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The Heritage Bay PUD will not adversely influence living conditions in the neighborhood if the requested mitigation measures are approved and implemented. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, subject to the required mitigation measures listed in Exhibit "D". Furthermore, all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem. The Heritage Bay PUD contains development standards that are designed to reduce the risk of flooding on nearby properties. The stormwater management plan is consistent with all county regulations that are intended to reduce the flooding potential on adjacent property over and above what would occur without development. In addition, the Heritage Bay PUD does not contain any exemptions that would create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The Heritage Bay PUD provides development standards that are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Staff is of the opinion that the Heritage Bay project will not adversely impact property values. However, this is a subjective determination based upon anticipated results which may be internal or external to the subject prope • it which can affect property values. Property valuation is affected by a ost�f JUL 29 2003 PUDZ-02-2841, Heritage Bay PUD 12 Q Pg. factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the site development plan approval process and/or subdivision j process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. The zoning within the Heritage Bay PUD will not be affected by the requested change. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is currently being developed as a rock quarry in accordance with the existing zoning. This earth mining operation will eventually run out of area. The proposed rezone will phase out the earth mining operation in favor of residential and commercial facilities consistent with the Comprehensive Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD complies with Mixed Use Activity Center #3 Sub-district in which it sits and with the Growth Management Plan,a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriaten::: : At' DAITEN rezoning decision. The determinants of zoning are consistency with all : emZs ' JUL 292003 PUDZ-02-2841,Heritage Bay PUD 13 Pg. of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed,zoning classification. The area within the proposed Heritage Bay PUD is not currently structured to receive such development. However the proposed commercial and residential uses are restricted to the areas that have already altered by the earth mining operation. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance,as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. Staff reviews for adequacy of public services and levels of service determined that the required infrastructure could only meet the GMP established relationships as stipulated. AGET,11114 1 No. JUL 292003 Pg. PUDZ-02-2841, Heritage Bay PUD 14 FINDINGS FOR PUD PUDZ-02-AR-2841 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access,drainage,sewer,water,and other utilities. Jurisdictional reviews by County staff support the manner and pattern of the proposed development for the subject property subject to the appropriate mitigation as described in the staff report. Development conditions contained in the PUD document and DRI Development Order give assurance that all infrastructures will be developed consistent with County regulations. All inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject PUD/DRI has been found consistent with the goals, objectives and policies of the Growth Management Plan subject to the Comprehensive Planning Section recommended approval as noted in the Staff Report. EXHIBIT "B" AA ITENA Na -56 - JUL 2 9 2003 P . 22 PUDZ-02-2841, Heritage Bay PUD 15 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The Heritage Bay PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (i.e. preserves, lakes, golf course, etc.). External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The project meets all buffering requirements of the LDC and GMP. S. The adequacy of usable open space areas in existence and as proposed to serve the development. As noted in the staff report and PUD Document, the amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The Heritage Bay PUD requires supporting infrastructure such as wastewater disposal system, potable water supplies, and capacity of roads. The ability of the area to accommodate expansion due to this project is subject to staff recommended Transportation recommended mitigation and the other forms of mitigation as noted in the staff report and contained in the PUD Document. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventiona • CoA I i ,,� district. The development standards in this PUD are similar throe standards. J U L 2 9 2003 PUDZ-02-2841, Heritage Bay PUD 16 Pg• ^� NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,January 26th,2017,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. PDI-PL20160002759 - RACETRAC PETROLEUM, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 03-40, AS AMENDED, THE HERITAGE BAY PUD, TO AMEND SECTION I, LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION, BY ADDING THREE NEW SIGN DEVIATIONS FOR THE PARCEL DESCRIBED AS LOT 4, HERITAGE BAY COMMONS TRACT D REPLAT. THE SUBJECT PUD PROPERTY CONSISTS OF 2,562± ACRES, LOCATED ON THE NORTHEAST OF CORNER OF IMMOKALEE ROAD(C.R. 846)AND COLLIER BOULEVARD (C.R. 951), IN SECTIONS 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LEE COUNIT COLLIER COUNTY I-75 _z IMMOKALEE RD O z O PROJECT JQ J LOCATION O m Q1 W j 0 GOLDEN GATE BLVD W > _ J v [ All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person r decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida January 6,2017 ND-1419150 El � bnY4 "7. ;C ' 0 � O G� p:j * F rd 4 i ; i �C t7 tt 5 t" * C" O Pt d Y t� Pt Pt s * d *c - c� '� * O v' ► 7tV7 in \�, * 0 zPd •• : � bFi * - 4 is% : � p * * C 1" y A G7 x*- C x- m * 0. I w * 'fl A tz aO Xi 1 y * 1m bfo 3. XI 7: 1 a A 11 'b * O c x r v zz o o { 5 3m x 7 • a y O y c') , *. _ z ya, y z N tt �' * t� x 90 dN * m b r w X r y * .� Z - w m x tt tN a y N N * z * ti * n HEX 1 -26-2017 CU—PL20160001380 Ann P. Jennejohn 1 030 CENTRAL LLC From: KulakPatricia <PatriciaKulak@colliergov.net> Sent: Tuesday, December 27, 2016 10:56 AM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet,Virginia; Rodriguez, Wanda; Smith, Daniel Subject: Advertisement Request PL20160001380 HEX Attachments: Ad Request.docx; Signed Ad Request.pdf Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Please also note this can be advertised in the legal ad section of the news paper as it does not require a 2x3 map. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 December 27, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 6, 2017 and furnish proof of publication to the attention of Daniel Smith, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement is a legal advertisement, and may be,placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND& COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500172052 Account Number: 076397 ( MM Ad'St Authorized Designee signature for HEX Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 26th, 2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. CU-PL20160001380 — 1080 CENTRAL LLC REQUESTS A CONDITIONAL USE TO ALLOW A MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING (4225, AIR CONDITIONED AND MINI-AND SELF STORAGE WAREHOUSING ONLY) USE WITHIN A C-4 (GENERAL COMMERCIAL) ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1C.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 2.44± ACRE PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST, APPROXIMATELY ONE-QUARTER MILE WEST OF SOUTHWEST BOULEVARD, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, December 27, 2016 11:16 AM To: 'KulakPatricia' Cc: Rodriguez,Wanda; Smith, Daniel;JohnsonEric (EricJohnson@colliergov.net) Subject: RE:Advertisement Request PL20160001380& PDI-PL20160002759 HEX Hi Patty, I'll forward the proofs, for both of the HEX ads you just sent, for stafF's Final approval a.s.a.p. Avtvt Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier Couvtty Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: KulakPatricia [mailto:PatriciaKulak@colliergov.net] Sent:Tuesday, December 27, 2016 10:56 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com>; Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin<ErinPage@colliergov.net>; Neet,Virginia <VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; Smith, Daniel <DanielSmith@colliergov.net> Subject:Advertisement Request PL20160001380 HEX Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Please also note this can be advertised in the legal ad section of the news paper as it does not require a 2x3 map. Thank you, Patty Kulak Operations Coordinator-Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Tuesday, December 27, 2016 11:20 AM To: Minutes and Records; KulakPatricia; Smith, Daniel Cc: Stone, Scott Subject: FW:Advertisement Request PL20160001380 HEX Attachments: Ad Request.docx; Signed Ad Request.pdf The following changes need to be made to the ad title and to the title in Cityview, to conform with the most recently approved title language: PETITION NO. CU-PL20160001380 — 1080 CENTRAL LLC REQUESTS A CONDITIONAL USE TO ALLOW A MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING (4225, AIR CONDITIONED AND MINI-_AND SELF STORAGE WAREHOUSING ONLY) USE WITHIN A C-4 (GENERAL COMMERCIAL) ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1.cG.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 2.44± ACRE PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST,APPROXIMATELY ONE-QUARTERTHIRD MILE WEST OF BROWARD STREETSOUTHWEST BOULEVARD, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Otherwise the ad request is fine. "Wanda Rodriguez, ACT .advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: KulakPatricia Sent: Tuesday, December 27, 2016 10:56 AM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; SmithDaniel Subject: Advertisement Request PL20160001380 HEX Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Please also note this can be advertised in the legal ad section of the news paper as it does not require a 2x3 map. Thank you, Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Ann P.Jennejohn on behalf of Minutes and Records Sent: Tuesday, December 27, 2016 11:22 AM To: Rodriguez, Wanda Subject: RE: Advertisement Request PL20160001380 HEX Thanks Wavtda! Al/134 Jevtvtejotivt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier Comity 13oard Minutes & Records Dept. 239-252-840(0 Fax 239-252-8408 From: Rodriguez, Wanda Sent:Tuesday, December 27, 2016 11:20 AM To: Minutes and Records<MinutesandRecords@collierclerk.com>; KulakPatricia <PatriciaKulak@colliergov.net>; Smith, Daniel <DanielSmith@colliergov.net> Cc:Stone, Scott<ScottStone@colliergov.net> Subject: FW:Advertisement Request PL20160001380 HEX The following changes need to be made to the ad title and to the title in Cityview, to conform with the most recently approved title language: PETITION NO. CU-PL20160001380 — 1080 CENTRAL LLC REQUESTS A CONDITIONAL USE TO ALLOW A MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING (4225, AIR CONDITIONED AND MINI- AND SELF STORAGE WAREHOUSING ONLY) USE WITHIN A C-4 (GENERAL COMMERCIAL) ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1.cG.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 2.44± ACRE PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST, APPROXIMATELY ONE QUARTERTHIRD MILE WEST OF BROWARD STREETSOUTHWEST BOULEVARD, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Otherwise the ad request is fine. Wanda Rodriguez, MCT Advanced Certified ParalegaC Office of the County Attorney (239)252-8400 From: KulakPatricia Sent: Tuesday, December 27, 2016 10:56 AM To: Minutes and Records Cc: Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; SmithDaniel Subject: Advertisement Request PL20160001380 HEX Good Morning, Account #076397 Corporate Reference #507876 December 27, 2016 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: CU-PL20160001380 Dear Legals, Please advertise the above referenced notice on Friday, January 6, 2017 and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500172052 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, January 26th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. CU-PL20160001380 — 1080 CENTRAL LLC REQUESTS A CONDITIONAL USE TO ALLOW A MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING (4225, AIR CONDITIONED AND MINI- AND SELF STORAGE WAREHOUSING ONLY) USE WITHIN A C-4(GENERAL COMMERCIAL)ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1c.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 2.44± ACRE PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST, APPROXIMATELY ONE-THIRD MILE WEST OF BROWARD STREET, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division,Zoning Services Section,2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, December 27, 2016 12:26 PM To: legals@naplesnews.com Subject: CU-PL20160001380 Attachments: CU-PL20160001380.doc; CU-PL20160001380.docx Hi agaivt, Please advertise the attached ovt Friday, January 6, 2017. Tlnavtk you! Avtvt Jevwi.ejolnvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtevtt Board Collier Couvtty Board Mivtutes & Records Dept. 239-2.52-8406 Fax 239-252-8408 Ann P. Jennejohn From: ivonne.gori@naplesnews.com Sent: Tuesday, December 27, 2016 3:00 PM To: Ann P.Jennejohn Cc: Ivonne Gori Subject: Ad: 1419552, NOTICE OF PUBLIC HEARING Notice is h Attachments: COLLIERCOU-91-1419552-1.pdf Attacked is the document you requested. Please review and. let us kvtow if you have any questions. Tkavtk you. Ivonne Gori Legal Advertising Specialist Naples Daily News/USA Today Network 0: 23q.213.6061- F: 39.213.(001F: 239.263.4307 E:ivovtvte.gori@NaplesNews.cowt A: 1100 Iwtvvtokalee Road Naples, FL 3411-0 1 > Ad Proof 14a pit BMW Net116 Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com Date:12/27/16 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:507876(N076397) Please confirm placement prior to deadline by contacting your account Company Name:COLLIER COUNTY HEX rep at(239)262-3161. Ad Id: 1419552 P.O.No.: Total Cost:$298.27 Contact Name: Email:AshleyLang@colliergov.net Tag Line:NOTICE OF PUBLIC HEARING Notice is h Address:3299 TAMIAMI TRAIL EAST#700,NAPLES,FL,34112 Start Date:01/06/17 Stop Date:01/06/17 Phone:(239)252-5851 Fax:(000)000-0000 Number of Times:1 Class:16230-Other Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,January 26th,2017,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples FL 34104,to consider: PETITION NO. CU-P120160001380 - 1080 CENTRAL LLC REQUESTS A CONDITIONAL USE TO ALLOW A MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING(4225,AIR CONDITIONED AND MINI-AND SELF STORAGE WAREHOUSING ONLY)USE WITHIN A C-4 (GENERAL COMMERCIAL) ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1c.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 2.44± ACRE PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST,APPROXIMATELY ONE-THIRD MILE WEST OF BROWARD STREET, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needsanyaccommodation 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,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida January 6,2017 No.1419552 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately 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. Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, December 27, 2016 3:48 PM To: Rodriguez, Wanda; 'KulakPatricia'; Smith, Daniel Subject: HEX Petition CU-PL20160001380 (1-26-17) Attachments: COLLIERCOU-91-1419552-1.pdf Hi there, The vtotice for Petition CU-PL20160001380, that will run Friday, January 6th for a HEX Hearing on January 26, 2017, is attached for your review avid approval. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Hoard Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 Original Message From: ivonne.gori@naplesnews.cowt [wtailto:ivonne.gori@naplesvtews.covn] Sevtt: Tuesday, December 27, 2016 3:00 PM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.cowt> Cc: Ivonne Gori <ivonne.gori@naplesnews.cowt> Subject: Ad: 1419552, NOTICE OF PUBLIC HEARING Notice is h 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 Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.cowt A: 1100 Iwtwtokalee Road Naples, FL 34110 i Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, December 27, 2016 4:40 PM To: 'ivonne.gori@naplesnews.com' Subject: RE: 1419552, NOTICE OF PUBLIC HEARING Notice is h Attachments: COLLIERCOU-91-1419552-1 (003).pdf Hi Ivonne, Can you please change two small things in this ad? The first paragraph needs to be moved so it's left justified like the other paragraphs (my fault) AND in the highlighted area of the attached, can you please insert a period (.) between the Number "1" and the small letter "c" so it reads 2.03.03.D.2-.c.24 Sorry for the inconvenience. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-840(0 Fax 239-252-8408 Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Tuesday, December 27, 2016 3:00 PM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.com> Cc: Ivonne Gori <ivonne.gori@naplesnews.com> Subject: Ad: 1419552, NOTICE OF PUBLIC HEARING Notice is h Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061- F: 39.213.10001F: 23 9.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road Naples, FL 341-1-0 1 41, > Ad Proof apirsBattu rwu Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com Date:12/27/16 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:507876(N076397) Please confirm placement prior to deadline by contacting your account rep at(239)262-3161 . Company Name:COLLIER COUNTY HEX Contact Name: Ad Id:1419552 P.O.No.: Total Cost:$298.27 Email:AshleyLang@colliergov.net Tag Line:NOTICE OF PUBLIC HEARING Notice is h Address:3299 TAMIAMI TRAIL EAST#700,NAPLES,FL,34112 Start Date:01/06/17 Stop Date:01/06/17 Phone:(239)252-5851 Fax:(000)000-0000 Number of Times: 1 Class: 16230-Other Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,January 26th,2017,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples FL 34104,to consider: PETITION NO. CU-PL20160001380 - 1080 CENTRAL LLC REQUESTS A CONDITIONAL USE TO ALLOW A MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING(4225,AIR CONDITIONED AND MINI-AND SELF STORAGE WAREHOUSING ONLY)USE WITHIN A C-4 (GENERAL COMMERCIAL) ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1c.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 2.44± ACRE PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST,APPROXIMATELY ONE-THIRD MILE WEST OF BROWARD STREET, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needsanyaccommodation 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,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida January 6,2017 No.1419552 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately 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. Ann P. Jennejohn From: ivonne.gori@naplesnews.com Sent: Wednesday, December 28, 2016 8:26 AM To: Ann P. Jennejohn Cc: Ivonne Gori Subject: REVISEDAd: 1419552, NOTICE OF PUBLIC HEARING Notice is h Attachments: COLLIERCOU-95-1419552-1.pdf Attached is the document you requested. Please review and let us kvtow if you have any questions. Ttnav'.k you. Ivonne Gori Legal Advertising Specialist Naples Daily News/USA Today Network 0: 23 c1.213.6061 F: 239.2(03.43O7 E:ivonne.gori@NaplesNews.cowt A: 1100 Iwtwtokalee Road Naples, FL 34110 > Ad Proof Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gorignaplesnews.com —1111=111.1 -1111:110=1.11Pr" Date:12/28/16 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:507876(N076397) Please confirm placement prior to deadline by contacting your account rep at(239)262-3161 . Company Name:COLLIER COUNTY HEX Ad Id: 1419552 P.O.No.:45-172052 Total Cost:$298.27 Contact Name: Email:AshleyLang cocolliergov.net Tag Line:NOTICE OF PUBLIC HEARING Notice is h Address:3299 TAMIAMI TRAIL EAST#700,NAPLES,FL,34112 Start Date:01/06/17 Stop Date:01/06/17 Phone:(239)252-5851 Fax:(000)000-0000 Number of Times: 1 Class: 16230-Other Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com NIMMEMIIIMIMF I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,January 26th,2017,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. CU-PL20160001380 - 1080 CENTRAL LLC REQUESTS A CONDITIONAL USE TO ALLOW A MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING(4225,AIR CONDITIONED AND MINI-AND SELF STORAGE WAREHOUSING ONLY)USE WITHIN A C-4 (GENERAL COMMERCIAL) ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1.c.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 2.44± ACRE PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST,APPROXIMATELY ONE-THIRD MILE WEST OF BROWARD STREET, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you area person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida January 6,2017 No.1419552 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately 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. Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, December 28, 2016 8:50 AM To: Rodriguez,Wanda; 'KulakPatricia'; Smith, Daniel Subject: Revised Notice HEX Petition CU-PL20160001380 (1-26-17 HEX) Attachments: COLLIERCOU-95-1419552-1.pdf Good Morning, The *revised* notice for Petition CU-PL201_(0001380, that will run Friday, January 6th for a January 26, 2017 HEX Hearing, is attached for your approval. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County l3oard Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.coj Sent: Wednesday, December 2.8, 201-6 8:26 AM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.com> Cc: Ivonne Gori <ivonne.gori@naplesnews.com> Subject: REVISEDAd: 1419552, NOTICE OF PUBLIC HEARING Notice is h Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori Legal Advertising Specialist Naples Daily News/USA Today Network 0: 2_3c7.213.6061._ F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road Naples, FL. 34110 1 Ann P. Jennejohn From: Rodriguez,Wanda Sent: Wednesday, December 28, 2016 9:30 AM To: Ann P.Jennejohn Cc: KulakPatricia; Smith, Daniel Subject: RE: Revised Notice HEX Petition CU-PL20160001380 (1-26-17 HEX) Looks good now, thank you! Wanda Rodriguez, MCP Advanced Certified Paralegal Office of the County Attorney (239)252-8400 Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Wednesday, December 28, 2016 8:50 AM To: RodriguezWanda; KulakPatricia; SmithDaniel Subject: Revised Notice HEX Petition CU-PL20160001380 (1-26-17 HEX) Good Morning, The *revised* notice for Petition CU-PL20160001380, that will run Friday, January 6th for a January 26, 2017 HEX Hearing, is attached for your approval. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Wednesday, December 28, 2016 8:26 AM To: Ann P. Jennejohn<Ann.Jennejohn@collierclerk.com> Cc: Ivonne Gori <ivonne.gori@naplesnews.com> Subject: REVISEDAd: 1419552, NOTICE OF PUBLIC HEARING Notice is h 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 Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com i Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, December 28, 2016 9:43 AM To: 'ivonne.gori@naplesnews.com' Subject: RE: REVISEDAd: 1419552, NOTICE OF PUBLIC HEARING Notice is h Looks great Ivonne. Please publish January 6, 201-7 and thanks for waking those changes. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 2367-252-8406 Fax 239-252-8408 Original Message From: ivonne.gori@naplesnews.conn [wtailto:ivonne.gori@naplesnews.conn] Sent: Wednesday, Decevnber 28, 201-6 8:26 AM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.cow> Cc: Ivonne Gori <ivonne.gori@naplesnews.covn> Subject: REVISEDAd: 1419552, NOTICE OF PUBLIC HEARING Notice is h Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.cowt A: 1100 Iwtwokalee Road Naples, FL 34110 1 Other Public Notices Other Public Notices NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,January 26th,2017,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. CU-PL20160001380 - 1080 CENTRAL LLC REQUESTS A CONDITIONAL USE TO ALLOW A MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING(4225,AIR CONDITIONED AND MINI-AND SELF STORAGE WAREHOUSING ONLY)USE WITHIN A C-4 (GENERAL COMMERCIAL) ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1.c.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 2.44± ACRE PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST,APPROXIMATELY ONE-THIRD MILE WEST OF BROWARD STREET, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. 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, Florida 34112-5356. (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida January 6,2017 No.1419552 ?'apLr!'i BaitH r1/11E1 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 yearnext 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.# COLLIER COUNTY HEX 1419552 NOTICE OF PUBLIC HEA 45-172052 Pub Dates January 6,2017 1 7 (Sign ure of affiant) goomoommaimiosieriamddhogr 7.;;;„ Sworn to and subscribed before me I N Notary Public State of Flortds f This January 1 ,2017 I 1 ,01• •i Commission ;r FF 900870 —� t�= My Comm.Expires Jul 16,2019 �, , • I .P,;,,..• Bonded through National Notary Assn. D‘)t• . (Signatur of affiant) ' 20D Friday,January 6,2017 Naples Daily News Spurts andimpor is Vehicles Wanted Legal Notices Nntlee To Confirms Naticc.To Cr,,ditors The key HYUNDAI GENESIS 2014. CASH FOR CARS to another dental provider by Florida 4112-5324. The OF A COPY OF THIS NOTICE ON 616481-9,only 13K miles We Buy AnY Condition pproviding a written request names and addresses of the THEM. selling$18,991.Devoe Buick GMC Vehicle 2000 and to Naples Center for Cosmetic personal representative and eAc other creditors to seg.il lg (855)362-9702 Newer Nation's Top Car Buyer Dentist.. The patient may the personal representative's of the decedent dud other MAZDA MIATA MX-5 2002 FREE Towing From Anywhere! be Mlle for the actual costs attorney are set forth below. Persons having claims or One of 57 yellow collector car. Call NOW 888-657.4599 incurred for eI a re,mailing, All creditors of the demands against decedent's Has it all.(239)398-0095. or delivering the records as decedent and other persons estate must file their claims your car MERCEDES-BENZ 550 SL CORVETTES WANyTED - Top permitted by law.2 having Claims or demands MONTHSwth Is AFTERrt WITHIN 3 THE DATE OF 2009.Cony.Red.Cream bol 8091360ar. 0sh or 941.923-342j941- January 6,13,20&7Noy2017.1431492 WhomSt aeopydent's estate on of this notice is THE FIRST PUBLICATION OF starts leather int.27K Absolute required to be served must THIS NOTICE. Showrooms erectNew tires, LARGEST BUYER IN cycles. Autos, - file their claims with this court ALL CLAIMS NOT supplied 8 serviced by McM1 trucks,RV's,cycles.$1K to ''''"I ON OR BEFORE THE LATER OF FILED WITHIN THE TIME cede of Naples.AUG alloys, $1006.Dave,(2391250-2000 AMANDA DEL DUCA 3 MONTHS AFTER THE TIME PERIODS SET FORTH IN here heated seats,massage MANAGEMENT OF THE FIRST PUBLICATION FLORIDA STATUTES SECTION Seats,neck warmer and STEARNS MOTORS NOTICE OF INTENT OF THIS NOTICE OR 30 DAYS 733.702 WILL BE FOREVER many more options,5 . MOST TRUSTED TO REGISTER FICTITIOUS AFTER THE DATE OF SERVICE BARRED. (238)227-5312 BUYER Since 1977. NAME OF A COPY OF THIS NOTICE ON NOTWITHSTANDING Wheels/Recreation COUPE BENZ S 550 COUPE All Vehicles wanted THEM, THE TIME PERIODS SET FORTH 2016. AMG Sport, white, Rod or Jim(239)774-7360 NOTICE OF ACTION All other creditors ABOVE, ANY CLAIM FILED huge options,only 3K mi., of the decedent and other TWO (2) YEARS OR MORE $129,900.(239)269-7713. Notice Under Fictitious Name persons having claims or AFTER THE DECEDENT'S DATE MERCEDES-BENZ SL 600 2006 Auto Parts A,Acc Law Pursuant to Section demands against decedent's OF DEATH IS BARRED. black,15K miles,Renn-Tech 865.09, Florida Statutes estate must file their claims The date of first pkg.,$49,900.(239)269-7713. BRIDGESTONE 3 mums NOTICE IS HEREBY GIVEN that with this court WITHIN 3 Publication of this notice is PORSCHE 993 C25 • 1998. 285045x22(6 total tires) the undersigned, Amanda MONTHS AFTER THE DATE OF January 6,2017. 3K miles, investment ca, $100.per pair(201)401-7768 Del Duca Management, THE FIRST PUBLICATION OF Attorney for Personal $229,900. (239)269-7713. r OHIO CONVERT BOOT TOP LLC desiring to engage n THIS NOTICE. Re resentative: business under the fictitious ALL CLAIMS NOT /s%Dena M.Rogers SUBARU 2015. Cover for 2007 Solara;g ey: name of Amanda Del Duca FILED WITHIN THE TIME DENA M.ROGERS 617026-9 Premium,only 5,492 in bag$99.(701)263-1597• Management,located at 5574 PERIODS SET FORTH IN miles$27,991.Devoe Buick Dogwood Way,in the County FLORIDA STATUTES SECTION Florida Bar No.104742 GUC(855)362.9702 of Collier,in Naples, Florida 733.702 WILL BE FOREVER Rogers Law,PLLC A uta this C_ 34116,intends to register the BARRED. 111 N.Orange Avenue,Suite Sport Utility Vehicles said name with the Division NOTWITHSTANDING 800 Place your CUSTOM TAN VELOUR FRONT of Corporations of the THE TIME PERIODS SET FORTH Orlando,Florida 32801 BUICK ENCLAVE 2013. floor mats for a Toyota Solara Florida Department of State, ABOVE, ANY CLAIM FILEDad,l online at QM6632,Leather,low miles New.$59(239)353-6694 Tallahassee, Florida. Dated TWO (2) YEARS OR MORE Personal Representative: $28,991 Devoe Buick GMC at Naples,Florida,January 4, AFTER THE DECEDENT'S DATE /s/Dena M.Rogers _ (855)36 9702 2017. OF DEATH IS BARRED. DENA M.ROGERS loCc j edS BUICK ENCORE 2014, ' AMANDA DEL DUCA The date of first publication 111 N.Orange Avenue,Suite 617070-9,premium,only 25k Announcements MANAGEMENT of this notice is December 30, 800 Orlando,Florida 32801 miles, 055)DeVoe 362-9702 Buick January 6,2017 No.1429986 2016. January 6&13,2017 Reach the locals! Attorney for Personal No.1430293 CHEVROLET62,only m e011 JW MARRIOTT MARCO ISLAND Representatives: I QM660,only 16k miles, gnnnunCements BEACH RESORT John N.Bragger III Legal Notices LT$19,991. DeVoe Buick NOTICE OF INTENT GMC.(855)362.9702 A TRIATHLON EVENT WILL BE TO REGISTER FICTITIOUS Forsyth&Bragger,P.Florida Bar No.0117950 0 LEGAL NOTICE CHEVROLET EQUINOX 2015. CONDUCTED-at the Vander- NAME 60 Fifth Avenue South,Suite TE17195A,LTZ,great SUV bill Beach area,Naples,FL 207 Notice is hereby given that the Naples City Council will hold a $23.911.Dego. Buick GMC and Ave Maria,FL on Satur- NOTICE OF ACTION Naples,Florida 34110 meeting beginning at 8:30 a.m.,Wednesday,January 18th 2017, day and Sunday.January between 'n City Council Chambers,735 Eighth Street South,Naples,FL, GMC ACADIA Denali 2014, 2017. On Saturday between Notice Under Fictitious Name Personal Representatives: 34102. QM6681,load,low miles 7:00 AM and 11:59 PM motor- Law Pursuant to Section Katherine K.Smith $37,991.Devoe Buick CMC Isis should expect tempo- 865.09, Florida Statutes 2658 Mangrove St. Among the public hearing to be considered at that meeting is: (655)362-9702 racy delays on the fallowing NOTICE IS HEREBY GIVEN that Naples,Florida 34112 GMC ACADIA 2017. roads:Vanderbilt Beach Rd, the undersigned, Marriott DREDGE AND FILL PETITION 166368 QM6686,AWD,Limited Vanderbilt Dr,Bluebill Ave, Hotel Services,Inc.,desiring Paul L.Shoreview A Resolution determining Dredge and Fill Petition 166368 to $43,991 Devoe Buick GMC Gulf Shore Dr,Collier Blvd, to engage in business nder 2718 Shoreview Dr. dredge adjacent to the docks at 201 Goodlette Road,Naples,FL (855)362-9702 Immokalee Rd,Oil Well Rd, the fictitious name of JW Naples,Florida 34112 (Mangrove Bay Development). Ave Maria Blv,County Line Marriott Marco Island Beach December 30, 2016 and Petitioner. Florida Marine Construction,Inc, GNC Terrain 2015. QM6656,SLT-2,loaded! Rd.and County Road 846. Resort,located at 400 South January 6,2017 No.1421490 Location: P.O.Box Matlacha 33993 $28,991.DeVice Buick GMC, On Sunday,between 7:00 AM Collier Boulevard, in the (855)362.9702 and 2:30 PM motorists should County of Collier,In Marco 2016-CP-2492 Agent: Jeff Rogers,Turrell,Hall&Associates Inc. expect temporary delays on Island,Florida 34145,intends IN THE CIRCUIT COURT FOR A complete legal description for this petition is available in the GMC TERRAIN-2015. Vanderbilt Beach Rd,Van- to register the said name with COLLIER COUNTY, City of Naples Streets&Stormwater Department,295 Riverside QM6674,SLT-1,low miles et Dr,Bluebill Ave,Gulf the Division of Corporations FLORIDA PROBATE DIVISION Circle,Naples,Florida,(239)213-5000. $26,991.Devoe Buick GMC. Shore Dr,Collier Blvd,and of the Florida Department of File No.2016-CP-2492 (855)362-9702 Golden Gate Blvd,For more State, Tallahassee, Florida- ALL INTERESTED PARTIES ARE INVITED TO APPEAR AND BE GMC TERRAIN-2015, information, go online to Dated at Naples, Florida, IN RE:ESTATE OF DAVID HEARD. QM6675,SLT-1,low miles http://hitstriathlonseries. December 29th,2016. FRANCIS THOMPSON $26,991.Devoe Buick GMC, om/naples-f/maps or con- JW MARRIOTT MARCO ISLAND Deceased, Any Person who derides to appeal any derision made by CN (655)362-9702 tact Jahn Elckman, HITS BEACH RESORT Division PROBATE Council c,res.act to iI er coni,man at this hearin GMC YUKON 2016. Endurance(845)247-7275 January 6,2017 No.1428827 n -. .eco,o ymrocee nmgs an may nee ensure QM6677$59991,4WD,SLT,loaded NOTICE TO CREDITORS that a verbatim record made which record includes the $59,991 Devoe Buick GMC /�� NoI c c To Crechto rs The administration testi ,, and evidence_,,n which t •y I is to b -i rd. (855)362-9702 kjR f the estate of DAVID FRANCIS Any person wit a.Ise,lty requiring rks lacy ai.s an.1015lces GMC YUKON XL 2016- Legals \- 16-2754-CP THOMPSON,deceased,whose for this meeting may call the Cit Clerk's office at 213-1015 with QM6688,4WD,SLT, IN THE CIRCUIT COURT FOR date of death was October 8, requests at least two business drays before the meeting date. save$$$$59,991 DeVoe Buick COLLIER COUNTY. 2016,is pending in the Circuit City of Naples GMC.(855)362-9702 FLORIDA PROBATE DIVISION Court for Collier County, By Patricia L.Rambosk,MMC,City Clerk SUBARU OUTBACK 2014, Legal Ni Lie es File No.16-2754-CP Florida, Probate Division, January 6,2017 No.1430042 R17126A,2.5i limited$22,991 the address of which is 3315 DeVoe Buick GMC. DENTAL OFFICE RELOCATION IN RE:ESTATE OF PAUL Tamiami Trail East,Suite 102, Leo 11 Notices Legal Notices (855)362-9702 KRACHKOWSKI,Deceased. Naples,Florida 34112.5324.The SUBARU FORESTER 2015. This shall constitute notice Division Probate names and addresses of the . LEGAL NOTICE R17116A,2.5i,Premium that the dental practice known personala resentative and as Naples Center for Cosmetic NOTICE TO CREDITORS the personal representative's $23,99( DeVoe Buick GMC Dentistry s relocating on attorney are set forth below. Monte is hereby given that the Wednesday.ne ay Council 181 hold, (855)362-9702 February 13,2017,from 4955 The administration All creditors of the meeting beginning at 830 a.m., January 18th 2017, Trucks Castello Drive, Naples, FL of the estate of Paul decedent and other persons in City Council Chambers,735 Eighth Street South,Naples,FL, 34103 to 9132 Strada Place, Krachkowski, deceased, having claims or demands 34102. CHEVROLET SILVERADO 150 Suite 11111,Naples,FL 34108. whose date of death as against decedent's estate on Among the public hearing to be considered at that meeting is: , 2010.L500 et,Crew Cab, The phone number s(239) November 25,2016,is pending whom a copy of this notice is only 23,500 miles$32,991 659-3053.All patient records in the Circuit Court for Collier required to be served must DREDGE AND FILL PETITION 10369 DeVoe Buick GMC will be forwarded to the new County, Florida, Probate file their claims with this court , A Resolution determining Dredge and Fill Petition 166369 to (855)362-9702 dental office,which is where Division, the address of ON OR BEFORE THE LATER OF dredge within the existingmarina basin and adjacent to the ongoing dental services and which is Probate Department 3 MONTHS AFTER THE TIME B emergency dental care will be Collier County Clerk of OF THE FIRST PUBLICATION existing boat docks in the Gordon River at 896 River Point Drive. provided.Patients can request Circuit Court,3315 Tamiami OF THIS NOTICE OR 30 DAYS Petitioner: Florida Marine Construction,Inc. copies of their records be sent Trail East,Ste.102,Naples. AFTER THE DATE OF SERVICE Location: P.O,Box Matlacha 33993 CHEVROLET SILVERADO 1500 Agent: Jeff Rogers,Turrell,Hall&Associates Inc. 2012,only 26K7A,4WD,Ext Recl Lest te,Bi cls Request for Bah vccluest for Bids A complete legal description for this petition is available in the Cab,only DeVoe B miles$27,991. -- City of Naples Streets&Stormwater Department,295 Riverside 055 sunk GMC2INVITATION TO BID Circle.Naples,Florida,(239)213.5000. (855)362-9702 CHEVROLET SILVERADO 100 Notice is hereby given that the Board of Commissioners for the Collier Mosquito Control District ALL INTERESTED PARTIES ARE INVITED TO APPEAR AND BE 2013. 38,4WD (CMCD),at CMCD Headquarters,600 North Road,Naples,Collier County,Florida,34104-3464,will HEARD. CHH$ Crew Cab$28.491 eceive SEALED BIDS for furnishing the MOSQUITO CONTROL ADULTICIDES AND LARVICIDES listed DeVoe Buick GMC below. An -roan who asci -: 0 a..ml an derision made b CH (855)362-9702 Couna res act. matter const,ere,at t is conn CHEVROLET SILVERADO ADULTICIDES LARVICIDES wr nee,a o•0 t e ormC-e IWS en,me.to ensure 150 2014. ,Crew 1 ave.-bin rec, . IS me a,w c co nemq g,es I e Cab,only 19kk miles miles$30,991 Naled BTi Aqueous Solution testimony and evidence upon which the?➢peal is to be heard. DeVoe Buick GMC Malathion BTi Granules/Pellets/Water Dispersible Granules Any person with alityrequiring auxiliary aids and services (855)362-9702 Pyrethrins BTi+Bacillus sphaerlcus Granules for this meeting mayaycall the Cit Clerk's office at 213-1015 with CHEVROLET 3500 2010,diesel BTi+Methoprene Granules requests at least two business days before the meeting date. 6.61.2WD, new: 0er, Methoprene Pellets $19, tontau cover,etc.$19,500. Spinosad Liquid Emulsifiable Concentrate City of Naples Naples(720)314.9200. Spinosad Granules By Patricia L.Rambosk,MMC,City Clerk FORD SUPER DUTY F-20 Bids will be accepted until 2:0 p.m.on Tuesday,January 17 2017 and will be opened publicly at January 6,2017 No.1430080 2015.016318A,4WD,Crew CMCD Headquarters at 3:00 p.m.The award of Bid will be subsequently made by the CMCD Board Other Pubic Notices Other Public Notices Cab,King Ranch$43.991 of Commissioners at its public meeting on Thursday,January 19,2017.All Bidders are welcome to DeVoe Buick GMC be present for the opening of the bids. (955)362-9702 NOTICE OF PUBLIC HEARING FORD SUPER DUTY F-350 Prior to submitting a proposal,BID DOCUMENTS must be obtained by calling(239)436-1000 or by Notice is hereby given that a public hearing will be held by 2011.King R T171360,4WD,Crew download from the District website:www.collier-mosquito.org. the Collier County Hearing Examiner(HEX)at 9:00 A.M.,en Cab.King Ranch GMC$42.991 The Board reserves the right to reject any or all proposals and to waive any and all formalities. Thursday,January 26th,2017 in the Hearing Examiner's Meeting DeVoe Buick Room,at 2800 North Horseshoe Orion,Room 609/610,Naples FL (C SIERRA By order of the Board of Commissioners,Collier Mosquito Control District.Naples,Florida. 34104,to consider: GMCrow ab204. QM6685.Crew Cab 4WD Michael P.Williams.Vice Chair PETITIONUET NO. NUSE TO - W80 CENTRAL LLC $56,991 DeVoe Buick GMC January 6,2017 N0.1428770 A CONDITIONAL USE TO ALLOW A MOTOR FREIGHT (855)362.9702 TRANSPORTATION AND WAREHOUSING(4220.AIR CONDITIONED AND MINI-AND SELFSTORAGE WAREHOUSING ONLY)USE WITHIN Vans Other Public Notices Other Puhhe Notices 011ier Public Non,,,,. A C-4(GENERAL COMMERCIAL)ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1.c.24 OF THE COLLIER COUNTY LAND DODGE CARAVAN 2003 SE, DEVELOPMENT CODE FOR A 2.442 ACRE PROPERTY LOCATED 127K les, 7 passenger, COUNTY OF COLLIER PUBLIC HEARING NOTICE ON THE NORTH SIDE OF TAMIAMI TRAIL EAST,APPROXIMATELY clean, $3.000 080, North Public Hearing:Collier County Board of County Commissioners ONE-THIRD MILE WEST OF BROWARD STREET,IN SECTION Naples.(309)696.5431. Tate:9:January. .1or 2017 soon 29,TOWNSHIP 50 SOUTH.RANGE 26 EAST,COLLIER COUNTY. Time:9:: a.m.ruttGoernm FLORIDA. DODGE. GRAND it CARAVANanwith- Location:Collier County Naples, Center,County Commissioner's Boardroom,3rd Floor, 1014.Wheelchair fir, VantNotice Tamiami hereby Trail East,Naples.Florida. All interested parties are invited to appear and be heard. All d0"ns.(239 9ramp&tie roo is toorado t the that in Board et County CommissionersF01 of Collier County,Florida materials used in presentation before the Hearing Examiner will downs.(239)494.8267. Proposes adopt the following budget amendments for FY 2017: become a permanent Part of the record. C Itis<i-C:,rs FUND FUND SOURCE USE FUND TOTAL Copies of staff report are available one week prior to the 11111 001-General Fund Transfer Funds needed to reimburse the $387,734.766.52 hearing.The file can be reviewed at the Collier County Growth Sheriff for Training&Educational Management Department,Zoning Division,Zoning Services expenses. Section.2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date 425-CAT Match Carryforward To recognize revenue collected $1,885,187.79 rendered.If a person decides to appeal any decision made by 1954 HUDSON HORNET CONV in FY 16 and budget in expenditure the Collier County Hearing Examiner with respect to any matter Original rebuilt 74 twin-H account. considered at such meeting or hearing,he will need a record of eng ne/hydro-matic trans. that proceeding,and for such purpose he may need to ensure Fully restored 9/10 condi- This notice is published in accordance with Florida Statutes 129.06;accerdin ly.the publication that averbatim record of the proceedings is made,which record tion A/C Power disk brakes, of such must be accomplished at least 2 days,but not more than 5 days,before the date of the inclodes the testimony and evidence upon which the appeal is Leering 4890 mi.since res- hearing. to be based. t1ration, bpower top. Blue $115,000 obo(845)987-9267. BOARD OF COUNTY COMMISSIONERS If you are a personwdha disabilitywho needs any accommodation MI COLLIER COUNTY,FLORIDA in order to participate in this certain asci you are entitled.at no cost to You,tothe provision of certain assistance.Please contact DONNA FIALA,CHAIRMAN the Collier County Facilities Management Division located at 3335 TamiamiTrail East,Suite 101.Naples,Florida 34112-5356, DWIGHT E.BROCK,CLERK (239)252-8380.at least two days prior to the meeting. Vc h Teles Wanted By:Ann Jennejohn,Deputy Clerk Mark Strain, ABSOLUTELY AU.AUTOS- (SEAL) Chief Hearing Examiner Wanted!Dead or Alive Top$ January 6,2017 No.1426868 Collier County,Florida FREE PICK UP 239-265-6140 January 6.2017 No.1419552 HEX NO. 2017—04 HEARING EXAMINER DECISION PETITION NO. CU-PL20160001380 — 1080 Central LLC requests a Conditional Use to allow a motor freight transportation and warehousing (4225, air conditioned and mini-and self storage warehousing only) use within a C-4 (General Commercial) zoning district pursuant to Section 2.03.03.D.1.c.24 of the Collier County Land Development Code for a 2.44± acre property located on the north side of Tamiami Trail East, approximately one- third mile west of Broward Street, in Section 29, Township 50 South, Range 26 East, Collier County, Florida. DATE OF HEARING: January 26, 2017 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.08.00 D of the Land Development Code has been met and the petition should be approved. ANALYSIS: Two members of the public attended the Neighborhood Informational Meeting (NIM) and no objections were noted. No members of the public attended this Hearing Examiner's meeting concerning this application. DECISION: Petition Number CU-PL20160001380, filed by Michael R. Fernandez of Planning Development Inc., representing 1080 Central, LLC, with respect to the property hereinafter described in Exhibit "A", is hereby approved for a Conditional Use for a motor freight transportation and warehousing (4225, air conditioned and mini-and self storage warehousing only) use within a C- 4 (General Commercial) zoning district pursuant to Section 2.03.03.D.1.c.24 of the Collier County Land Development Code in accordance with the Conceptual Site Plan described in Exhibit"B", and subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Legal Description Exhibit B —Conceptual Site Plan Exhibit C —Conceptual Architectural Renderings LEGAL DESCRIPTION: See Exhibit A. [16-CPS-01608/1316718/1]48 1 of2 CONDITIONS: The approval of this conditional use is subject to the following condition(s): 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. This Conditional Use is limited to what is shown on Exhibits B & C. Staff may approve minor changes in meeting all applicable development standards. 3. The conditions of Ordinance No. 92-43 relating to the following: a. Access to Floridan Avenue is prohibited(except for emergency access use). b. Principle structures shall be limited to three stores in height. c. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 4.06.02.c.2 (Alternative B) of the Land Development Code. d. The entire site shall be limited to a single access point on US 41. e. At the discretion of Collier County Transportation staff and Florida Department of Transportation, a deceleration(turn) lane may be required. 4. A minimum of 0.2 acres of native vegetation is required to be retained for this Conditional Use. 5. Building square footage is limited to 92,000 square feet. 6. Maximum zoned height is limited to less than 35 feet. 7. There will be no exterior overhead doors. DISCLAIMER: Pursuant to Section 125.022(5) F.S., 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. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURTS, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Z -Le Cts Date Mar Strain, Hearing xaminer Approved as to arm and legality: IF Scott A. Stone Assistant County Attorney [16-CPS-01608/1316718/1]48 2 of2 *** OR 5032 PG 551 *** EXHIBIT "A» LEGAL DESCRIPTION LOTS 1,2,AND THE NORTHERLY 48.5 FErbi ,B'0• • ' ,NAPLES MANOR ADDITION,RECORDED IN PLAT BOOK 3,PAGES 67&68; 0 4' AND A TRACT OF LAND BEGINNING AT THE NO` . •10 COR ER OF T BLOCK ONE OF SAID NAPLES MANOR ADDITION,THENCE S-0° ,C • T -0 • T RL LINE OF SAID LOT 1,200 FEET, TO THE NORTHWEST CORNE' TH: S 9 30' ! •0 TO THE SOUTHWEST CORNER OF LOT 12, BLOCK ONE, • • AP •" : AN"` CE N50°28'30"E, ALONG THE SOUTHEASTERLY LINE OF SAI • 12, 200 FEET, TO'1'rE '0 Ia• T CORNER THEREOF; THENCE S39"31'30"E,40 FEET,TO THEP`T k��F BEGINNING; O AND 0 Li , A- LOTS 11&12,BLOCK ONE,NAPLES MANO' ' •I 'EX sR'•di • + D IN PLAT BOOK 1,PAGE 110; ALL SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, ALL RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. 3 • I m�m 1° E n x a- z ABUTTING ZONING DISTRICT:C-4 1 Zi y O m T z LAND USE:VACANT/VEGETATED m P 'y 0%w m�" FOLIO#62150320005 z • m D i i m o b : : \ 15 FT BUILDING SETBACK `\ . ... _v-,,,:, , `f z m C„ ,..„„.o In T 49.1 FT x 175 FT PRESERVE IN LIEU C s1E s sm>x�. •. 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PROJECT 8 PL 2018 000 1380 W Y PLANNERS LANDSCAPE ARCHITECTS DANA SJOSTEDT N ."nwm..r.n2m,se ex,peev+o c"e.5o u"Psc<ee mcwrtcnpe Lcmm2vn er«AVEwEawm xwm NERS iw (WON.ONO.'FOLIO NO.62090040005 • 'h, ='.i 115 CENTRAL AVENUE,NAPLES,FL.51102 1" 5rx uA ” 111201 TAMIAMI TRAIL EAST —j 2330*34*32 P.M 1733*9 35 N.^39^832".®pb"rv"4Pw.ep"e"nzmn moi».mea NK"wo"®N""''Oio-p.mNN NAPLES,FLORIDA 34113 - •1 • -.. / @ @ » @ 2 e R M M Z m > > m w K o o > r_ K H # te r > \ ) 0 > O m ¢ > § m _ ¢ \ \ 3 / m k m \ \ / PJ> § ƒ o m \ \ / \ - m / / / m m w z t 0 $ < c m O m m \ F- 2 F I - 2 / 2• \ m \ M z c \ m - m 0 - \ f / ? \ m / / m z £ 0 z 3 r r m m < m m i $ 2 $ g m o o m 2 < = a > f m § } / f § m / O co 0 m m m m \ O \ = a \ > H c > m § O m m O / O H i z \ m r - $ C) ® G) 5 > > - j ® # _ 2 f Z m ? ? F M f > \ 7 \ X M \ Z j 7m3 Ml 5 M Z m m \ 71 -0 7 m m m § m 7.-, 51 -11Z_ ƒ _1 K m ii 0 / / / \ q m § 2 q f § 0 2 \ \ - > m O \ / m z r > m o ® z H m / / o m 2 m O o q r \ S c > m / G / m / m § i § m > e « 9 X o m m m H x c r 0 ® $ m o 57-1 \ } \ 0 \ / \ 0 \ 3 0 ƒ z 1 Z m s > H o m \ m \ \ CO m o m ƒ > 0 > Z m 0 o O 0 \ \ \ r f r- C O z \ w m m 2 / ? _i m z > / \ 0 m % o % 0 0 > § m R 7 11110 / o z § \ § 2 H > 0 uuu mm / 3oE z - II > \ \ z -1 - -n > 3 > \ 0 K r > o m 1.3 r / X \ 3 m 5 o \ m m X z < _ H m w C m R = ® o ƒ % z m R \ O m } m / m z \ \ „ c z -1 \ k / § / \ 2 >\ 2 r $ 1 = m M Exhibit "B" Page 2 Oft ,(_( PLANNING DEVELOPMENT INCORPORATED EAST 7�R� SELF STORAGE . ,_m. E 5 (131.11211',, . 6 m_.+ m , � _ y pp «=,e a.=,m . , ___ DANA SJOSTEDT w __FOLIO Ran'"R _�w_a_S,m_ �®_ _—� ,___TRAIL_ ®-~ _____-_______ 3 __MY , NAPLES. .a c.q.yM GNIM ARcHTECTtRE ANO KAMNNO awe • 11 Iv 141 I . w N j N` 4 ti • d Mak 14 *, C ik N 4111 411 Aro • • Exhibit "C" Page 1 of 2 (: ,q,t sMIIN A4CnI 1.1 LURE<NU R�tlI St.l4'G • n� VI t 0 0 V n4 V1 MI 1AWI .s.p `I k VN i N 1E1 Jul\I .iiiZil 0 , IN, _ 4 G , „„. , .. ,,,, ■I Z 111 I. Mj w 1 I j= INSk iii 0 ,,k-> p S Z( giiimil f Exhibit "C" Page 2 of 2 20D Friday,January 6,2017 Naples Daily News Other Public Notices Other Public Notices NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,January 26th,2017,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO. CU-PL20160001380 - 1080 CENTRAL LLC REQUESTS A CONDITIONAL USE TO ALLOW A MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING(4225,AIR CONDITIONED AND MINI-AND SELF STORAGE WAREHOUSING ONLY)USE WITHIN A C-4 (GENERAL COMMERCIAL) ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1.c.24 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 2.44± ACRE PROPERTY LOCATED ON THE NORTH SIDE OF TAMIAMI TRAIL EAST,APPROXIMATELY ONE-THIRD MILE WEST OF BROWARD STREET, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you area person with adisability 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, Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida January 6,2017 No.1419552 I was thinkingaboutwhatlwas going to say to this group, and my visitingdaughtergave me the best possible statement. While watching the Naples TouristTrolley driving in the area,hercomment was,"What are they looking at...strip malls,eight lane highways and McMansions hidden behind gates?" She could not have more accurately described what has happened to CollierCounty. While beautiful winter weather is certainly a reason for people movingto this area,one of the chief lures of CollierCounty is that it has been known as the"anti-east coast"of Florida. When I first spent time in Naples in the early 70's,low rise condos and commercial space dominated the city of Naples and otherthan a few developments along 41 and Goodlette,and Golden Gate City the remainderof the county was undeveloped. When Pelican Bay came along,the zoning was for large lots,winding roads,and commercial and residential areas were set back from the roads and hidden by trees and otherfoliage. Somehow County Planners losttheirway. Instead of winding streets like in Pelican Bay and Orange Blossom,the county has six lane grid like swaths of concrete lined by"in yourface"commercial areas and gated communities. Instead of a feeling of a laid back Florida community,CollierCounty is beginning to look even worse than the worst of the East Coast. Further,the planners have ensured that there is no sense of community in the County;everyone is hidden behind theirgates. Obviously,you can't put Pandora back in the box...but there are things that you planners can do in the future. Take Immokalee Road as an example. Eitherthe planners have just given up when faced with developerdemandsortheyjust don't give adamn. Mattress City is virtually on the road with a few tall, straggly palm trees in front. Likewise the brightlycolored carwash. The elderly housing at the cornerof Vanderbilt Beach Road and Livingston is a blight on the community. Six floor orange buildings close to the street and not a tree in sight,otherthan the treed areas of the horse farm and dog safari. The new development nearCollierand Immokalee is hideous,with virtually no foliage hiding itfrom the street. Now we have the Racetrac coming to increase the size of its signage. While the zoning bylaws allow gas stations,they neverenvisioned a 24 hour 16 bay station with bright lights along the roadway. The trees the developer has put in are %inch diameter4 foot high trees...so much for dense foliage en v l promised ata public information meeting. c--ve 4" r .4— There are expensive residences located along Immokalee Road and the Planners have shown absolutely no regard for those who live there and have to deal with the noise,lights and odors. Suitability is ajoke. A Goodwill store in an area of Million Dollarhomes...and please do not take this as bias,I have been on the Board of Directors of the Goodwill in my northern home town for20 years. Pelican Larry's is a horrible addition to the area. It attracts a noisy,boisterous crowd which the management cannot handle and sheriff's calls have become commonplace. You planners would never allow this type of development in Park Shore or even adjacent to the homes at Mediterra. I know of no other major commercial areas located within a densely populated residential zone. Planners, I beg you to do yourjob. Start by requiring commercial buildings to be set back from the street(like Walmartand Target). Require dense foliage around the commercial sites. Considerthe suitability of usage of commercial buildings in residential areas. As you continue to build to the east,use the model of Pelican Bay,notgated communities with large gridded streets. Please do yourjobs,don't just do whatthe big out of town developers wantyou to do. AGENDA ITEM 4-C Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION —ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 26, 2017 SUBJECT: CU-PL20160001380 EAST NAPLES SELF STORAGE OWNER/APPLICANT: 1080 Central LLC Michael and Theresa Fernandez 145 Central Ave. Naples, FL 34102 REQUESTED ACTION: Requests a Conditional Use to allow a motor freight transportation and warehousing (4225, air conditioned and mini-and self storage warehousing only) use within a C-4 (General Commercial) zoning district pursuant to Section 2.03.03.D.1 c.24 of the Collier County Land Development Code for a 2.44± acre property. GEOGRAPHIC LOCATION: The subject property is located on the north side of Tamiami Trail East, approximately one-third mile west of Broward Street, in Section 29, Township 50 South, Range 26 East, Collier County, Florida (See location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use approval to allow for a three-story, approximately 90,000- square foot Self Storage Facility in the General Commercial (C-4) zoning district, on a 2.44± acre site. The Master Plan (See Master Plan on page 3) depicts the self storage building, parking and vehicular use areas, 15-foot wide landscape buffers along the north and south property boundaries, and 10-foot wide landscape buffers along the east property boundary. PL20160001380 East Naples Self Storage Page 1 of 10 ,-, * i I 4410 Ak a ri EJ: L\41$14.401. 0 A „,,,,,„ v c ft VAV/V\ „)” IV* 40\0 Cfr !,,, 0 Alio 40 • Irr cu % f* .0® . � oe 0 C • :- 0 o a40 u S __, N ." cz,,Al, 400, o AL 0, 40 co . u 4 4 me ,,, CV J alz E Z p. _ U 0 O E d 4 N.,/ a 44 CO 2 rt C as u,eg Iqun03 0 cO U O J Location Map PL20160001380 East Naples Self Storage Page 2 of 10 �.. 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A w 5 O Ki .I� s r Z I1:1 L' W �• W o0 O N (12.0 :5::7:1 :,,\,.a.:•;.,,,,',',, tl:;°'s,;.>:°.,, m s I. • 1 ! :I'll L.;. , , 8 • J •r• W o z 1 11. F g< 8 J 1b'Zl1UNb '-' 7 \-77\N.7.777 7'.7 7 .R1 -J .*•,.\‘ a3ddne V 3dA1'idINao-, :f &q 3idx n ':;',N\� n311 N13Aa3S3tld id 911 x id L Sv R N w g� a -� o xp ZU Ii 9000zc0ci2:9Ionod ri li $ oalV1303A/1NVOVA.3sYloNV, I PO 41Vg' i • 1 CU Master Plan PL20160001380 East Naples Self Storage Page 3 of 10 i The Master Plan shows that there are approximately .197 acres (.20 acres required) of proposed preserve area located in the northwestern portion of this site which the proposed development is sited to avoid. Site access as depicted on the Master Site Plan is from Tamiami Trail East. An egress point for emergency access only from the site to Floridan Avenue is also depicted. The architectural drawing and rendering shows only entrances to the facility on the northwestern elevation (See below). No overhead doors are proposed on any elevation. 1.CCWCINII NA ri"7 y. ✓'_.'. ' • .o. -,+61.411 SNAPP once .. <• ».. —1714 / IV KW MP 111.1.4010, ..---2110 tn. - 1-- - � _______-- -- F� WWI 1 L1 ALI~MIAOW I j M rO CONS OGIf 1 i"� YII�iIIUn MO Wil. TT'YYI M ® t_WI �- . �'AO.ICAW L011f 11}Tllf � ___..J._.-..._—' . ....---.yy1. powwow � MMS®Mitt� 1111 - f.�ou,1a \ 11 II\ i \, e*luam ew.rR w. neo.Ecnor. `-" canes wo arm I . - -. -_rT.f EMT WAY MIN WEST ELEVATION irk ---- ‘1,1411111' .- ' �� r ' 4,411 s - t ,.., f v,t ,yj, i �s4- N71Qs elV r� MIK N ,tto...i- PL20160001380 East Naples Self Storage Page 4 of 10 SURROUNDING LAND USE & ZONING: North (northwest): Vacant lot with a C-4 zoning designation. East(northeast): Floridan Avenue, then single family residences with an RSF-4 zoning designation. South (southeast): Convenience Store with gas pumps on a C-4 zoning designation. West (southwest): Tamiami Trail East, businesses with a C-4 zoning designation. a • ,-,_ 'e= ♦ ;' -,, SUBJECT r ,1 1.--- \ lr I .0`` c„ `'r ,411...7., PROPERTY in. 04:.: , -,. >N4,...IF* T • ` s \ "�' Iii -,,(.� ',t — ii, ,F ' * 4";. 4, ' ' , \ - . \ 4:#4„, , ..r.oz .74,0.,,tto,;,, , ' V. V &, s . rig" ""/l w s.i1T' • ; i� 7. ,y 11 5 A2'7 ' - ' l'N' ,,\:ht . s - 1 a e u N` --\\ .a iii. 4 •rr ir a 4 �f a t �T Nppit. N1P�, ^fir c Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): Staff concludes the requested conditional use may be deemed consistent with the Future Land Use Element (FLUE) of the Collier County GMP (See attached memo). The conditions in Ordinance No. 92-43 need to be included in the CU HEX decision (conditions modified to: update LDC reference in #3; add parenthetical phrases in#1 and#5; and, wordsmith #5), as follows: 1. Access onto Floridan Avenue is prohibited (except for emergency vehicle use). 2. Principal structures shall be limited to three stories in height. 3. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 4.06.02.C.2 (Alternative B) of the Land Development Code. 4. The entire site shall be limited to a single access point onto US-41. 5. At the discretion of Collier County Transportation staff and Florida Department of Transportation, a deceleration (turn) lane may be required. PL20160001380 East Naples Self Storage Page 5of10 Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). A minimum of 0.2 acre of native vegetation are required to be retained for the CU. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2 percent of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2 percent of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3 percent of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed self storage development will generate a projected 245 total two-way daily trips and +/- 14 AM peak hour and +/- 26 PM, peak hour, two-way trips for the proposed facility on the adjacent local roadway, Tamiami Trail East (US 41). As indicated in the TIS provided with the petition this road segment has a service volume of 3,000 trips, with a remaining capacity of approximately 731 trips between Rattlesnake Hammock and Triangle Boulevard; and has a current LOS (level of service) "D" as stated by the 2015 AUIR (annual update and inventory report). Staff also reviewed the now current 2016 AUIR noting that the service volume remains the same at 3,000 trips, with a remaining capacity of approximately 681 trips with the LOS also remaining the same at "D". Additionally this road segment has an AADT (average annual daily trip) of 31,202 total trips (AUIR 2016). Therefore, the subject Conditional Use can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, the Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the five year planning period. PL20160001380 East Naples Self Storage Page 6 of 10 ANALYSIS: Section 2.03.03.D.1.c of the LDC permits conditional uses in General Commercial (C-4) zoning districts. The requested use for motor freight transportation and warehousing (4225, air conditioned and mini- and1 self storage warehousing only) is in the standards and procedures established in section 10.08.00, Conditional Use Procedures, of the LDC. When considering a Conditional Use petition, the HEX must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other properties or uses in the same district or neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). As previously noted, this request has been deemed consistent with the FLUE and the GMP. The proposed setbacks are in compliance with the rules and regulations in the LDC. The C-4 zoning district requires a 25-foot or 1/2 building height, whichever is greater, front setback along Tamiami Trail East and Floridan Avenue, and a side setback of 15 feet or 1/2 the building height. The C-4 district allows a maximum zoned height of 75 feet. The proposed building will have a maximum zoned height of 35 feet. The building will also be a maximum of three stories. The project will be required to undergo the site development plan review process to ensure compliance. This petition is also consistent with Ordinance No. 92-43 that was approved as part of the Zoning Re-evaluation process. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The primary ingress and egress to the site will be via a right-in/right-out driveway at Tamiami Trail East (US 41). The petitioner will be required to provide a right turn lane from Tamiami Trail East, a 6 lane divided arterial roadway with a roadway speed of 55 mph. A restricted "emergency access only" access point has been provided at Floridan Avenue. There is an existing sidewalk along Floridan Avenue. The petitioner will also be required to provide a sidewalk along Tamiami Trail East. This project will not adversely impact the surrounding roadway network. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. If approved, the proposed use should have minimal impact on neighboring properties in relation to glare, economic or odor effects. There are no odors associated with self storage buildings. The massiveness of the building will be screened by landscape buffering. There will be little impact associated with noise. As depicted on the attached Master Plan, the proposed .20 acre preserve, combination 25 feet of landscaping (10 feet of building perimeter landscaping and 15-foot wide Type B landscape buffer) PL20160001380 East Naples Self Storage Page 7 of 10 surrounding the building on three sides, along with 15-foot wide roadway buffers should offset some of that impact to the residential neighbors located north and east of the building. 4. Compatibility with adjacent properties and other property in the district. The self storage building is setback 25 feet from the Tamiami Trail East, Floridan Avenue and southeast property lines. The building height is 35 feet or three stories, which is compatible with the surrounding commercial development. (Note that the LDC allows a zoned height of 75 feet in this zoning district). Northeast of the site is Floridan Avenue and then four single family residences. To the southeast of the site are a convenience store and a gas station. To the southwest of the site is Tamiami Tail East than commercial businesses. To the northwest of the site is an undeveloped, vegetated lot. In addition, the proposed structure as depicted in Attachment 2 shall comply with the architectural design standards of section 5.05.08 of the LDC. Based on the information provided and with the appropriate mitigations, it appears that the proposed Conditional Use is an appropriate use of the subject site. On December 13, 2016, the Board of County Commoner's directed staff to initiate a moratorium on self-storage facilities (and other uses) within the US 41 corridor, in which the subject site is located. Based upon the application being submitted prior to the establishment of the moratorium, the subject site is not affected by the moratorium. With this recognition, staff did reevaluate the compatibility of the proposed facility with the neighboring residential properties. With the limitation of the proposed facility to three stories, subject to the architectural standards, the limitation to the emergency access only off of Floridan Avenue, the proposed landscape buffers, and the relatively low intensity of traffic generation from a indoor self storage facility, staff is confident that approval of the proposed conditional use can be integrated within the existing built environment. EAC RECOMMENDATION: Not required. Site is under the size threshold(10 acres)to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION (NIM) MEETING: The agent/applicant duly noticed and held the required NIM on November 14, 5:30 p.m. at the East Naples Branch Library, 8787 Tamiami Trail East, Naples. Two people from the public attended, as well as the applicant's team and County staff. No objections to the project were noted (See NIM Summary attached). PL20160001380 East Naples Self Storage Page 8 of 10 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU-PL20160001380 on January 11, 2017. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve East Naples Self Storage - PL20160001380 with the following conditions: 1. The Conditional Use is limited to what is shown on the Master and Architectural plans submitted. Staff may approve minor changes in meeting all applicable development standards. 2. The conditions in Ordinance No. 92-43 relating to the following: 1. Access onto Floridan Avenue is prohibited (except for emergency access use). 2. Principal structures shall be limited to three stories in height. 3. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 4.06.02.C.2 (Alternative B) of the Land Development Code. 4. The entire site shall be limited to a single access point onto US-41. 5. At the discretion of Collier County Transportation staff and Florida Department of Transportation, a deceleration(turn) lane may be required. 3. A minimum of 0.2 acre of native vegetation is required to be retained for the CU. Attachments: 1 Comprehensive Planning—Future Land Use Element(FLUE) Consistency Review 2 Application—Applicants backup material PL20160001380 East Naples Self Storage Page 9 of 10 PREPARED BY: DANIEL JAMES SMITH, AICP, PRINCIPAL PLANNER DATE GROWTH MANAGEMENT DEPARTMENT REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DATE GROWTH MANAGEMENT DEPARTMENT 1- ((9_ I7 MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DEPARTMENT '4*rt • 1 LI'tty Growth Management Department Zoning Division, Comprehensive Planning Section Memorandum To: Dan Smith, AICP, Principal Planner, Zoning Services Section From: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Date: October 31, 2016 Subject: Future Land Use Element (FLUE) Consistency Review I PETITION NUMBER: PL20160001380 PETITION NAME: East Naples Self Storage REQUEST: To obtain a Conditional Use (CU) for a self storage facility in the C-4 zoning district, as provided in the Collier County Land Development Code (LDC). LOCATION: The subject site, consisting of ±2.41 acres, is located on the north side of Tamiami Trail East and the south side of Floridan Avenue, 230 feet northwest of Martin Street, in Section 29, Township 50 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban (Urban — Mixed Use District, Urban Residential Subdistrict), and is within the Coastal High Hazard Area (CHHA), as identified on the Future Land Use Map within the Growth Management Plan (GMP). This district is intended to accommodate a variety of residential and non- residential land uses, including industrial and commercial subject to criteria. The subject site consists of Lots 1, 2, 11, 12, the northerly 48.5 feet of Lot 3, and a 40 feet by 200 feet parcel (unplatted canal) lying between Lots 1 and 12. This property is not consistent with any locational criteria in the FLUE for commercial zoning. However, the entire property is identified on the "Consistent by Policy" maps, part of the Future Land Use Map series in the FLUE. FLUE Policy 5.10 allows such properties to be developed in accordance with their existing zoning. Under the Zoning Re-evaluation Ordinance, implemented in the early 1990's, an exemption application was approved for the portion of Lot 3, a Compatibility Exception application was approved for Lots 1 and 2, and a Compatibility Exception was approved for Lots 11 and 12 (and Lot 10, not part of this CU petition). Both Compatibility Exceptions contained conditions that were subsequently imposed via a "rezoning" from C-4 to C-4 (Ordinance No. 92-43). Those conditions [which limit building height, specify buffer type and location, preclude local street access, and limit access to US-41 and require shared access] need to be included in the CU Resolution for this petition. Those conditions allow one access point to serve Lots 1 and 2, and one access point to serve Lots 10-12. Only one access point is proposed for the entire site, so access is in compliance with that limitation. However, since Lot 10 is not part of this CU petition, it arguably is losing its allowed access - unless it is viewed that the one proposed access point is that allowed for Lots 1 and 2; staff believes this is a reasonable viewpoint. Also, I Attachment 1 though there is a prohibition on access to Floridan Avenue, the petitioner proposes to allow access to Floridan Avenue - but only for emergency vehicles. Staff believes such access restricted to emergency vehicle use is consistent with the intent of the prohibition. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. Objective 7 of the FLUE states: "In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable." Staff analysis follows each of these policies in bold print. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [Access is provided onto U.S. 41 East, an arterial road.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The site is proposed as a single development project. Given the small size of the project, and the proposed development, a loop road or drive is not feasible.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [Given the small size of the project, its double frontage, water management and preserve area location, and building size and location, one or more interconnections is not feasible.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [Mostly not applicable given that this is a commercial development.] CONCLUSION: Staff concludes the requested conditional use may be deemed consistent with the Future Land Use Element (FLUE) of the Collier County GMP. The conditions in Ordinance No. 92-43 need to be included in the CU resolution (conditions modified to: update LDC reference in #3; add parenthetical phrases in#1 and #5; and, wordsmith#5), as follows: 1. Access onto Floridan Avenue is prohibited (except for emergency vehicle use). 2. Principal structures shall be limited to three stories in height. 3. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 4.06.02.C.2 (Alternative B) of the Land Development Code. 4. The entire site shall be limited to a single access point onto US-41. 5. At the discretion of Collier County Transportation staff and Florida Department of Transportation, a deceleration (turn) lane may be required. cc: Mike Bosi,AICP,Zoning Director Ray Bellows,Zoning Services Manager PL20160001380 East Naples Self Storage G:ICDES Planning Services\Consistency Reviews120161CU dw/10-31-16 2 PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architecture East Naples Self-Storage — Conditional Use Application PL 2016 0001380 (CU) LIST OF SUBMITTALS / EXHIBITS HEX Date: January 26, 2017 ITEM NO. DESCRIPTION 1. List of Exhibits 2. Cover Letter - Project Description Narrative 3. Completed Application 4. Growth Management Plan Consistency and Evaluation Criteria Analysis 5. Pre-Application Meeting Notes 6. Affidavit of Authorization, signed and notarized 7. Completed Addressing Checklist 8. Warranty Deed 9. Location Map 10. Boundary Survey 11. A. Conceptual Site Plan (CU) Exhibit— dated: 12/6/16 B. Site and Landscaping Plan Support Exhibits to CU application 145 Central Avenue, Naples, Florida 34102 mfernandez@olanninadeveloomentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 Attachment 2 4,4,046 ^. #Y y, PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architecture 12. Architectural Plans, Elevations and Rendering (MHK Architects) 13. Environmental Aerial / Exhibits 14. Traffic Impact Study (TIS) 15. Application Fee Calculation 16. Recorded Zoning Restriction & Drainage Easements 17. Archeological Historical Resources 12-7-05 18. Neighborhood Information Meeting (NIM)/11-14-16: Mailing, Newspaper Ad and Meeting Notes 19. Public Hearing Signs Installed / 1-9-17: Affidavit of Posting Notice and Photographs 145 Central Avenue, Naples, Florida 34102 mfernandez@planninodeveloomentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 t- 11 PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architecture Cover Letter — Project Description Narrative East Naples Self-Storage—CU Application Conditional Use. This is an application for approval of Conditional Use#24 of the General Commercial C-4 Zoning District. The C-4 zoning district supports a wide variety of intensive general commercial uses. Self-storage. Self-storage can and is a passive use in this proposal which is for a singular structure limited to internal storage access via singular office and building entries located directly from a small parking lot with access restricted to US 41 East. The self-storage land use is a very low traffic volume generator and requires 8 standard parking spaces and 5 loading spaces. The proposed self-storage use is an ideal land use for parcel of limited depth and fronting a residential neighborhood. Hours of operation of typical self-storage facilities is 7 am—8 pm. The use is low intensity and the structure is passive and will buffer the neighborhood from US 41 traffic. The development of the property will displace the property's historical seasonal homeless occupation and stagnant surface drainage element. Architecture / site concept. The proposed structure is a building designed by well-known and highly regarded local architect MHK Architect. See architect's plans, elevations, rendering and associated code compliance documentation. The 3-story building has a zoned building height of 31 ft and a 30,000± sf footprint. Maximum building height of the highest non-habitable architectural design feature is approximately 42 ft. The C-4 zoning district development standard for zoned height is 75 ft. The building's primary facades includes additional setbacks of 10 ft for an average setback from associated property lines of 30.1 ft;all of which is landscaped. The parcel size is 2.44 acres; lot building coverage is 28% and total impervious is 45%; leaving 55% open/green space; significantly greater than typical commercial development which targets 30%or less for small parcels. Landscape. The property is well landscaped with a plant installation list which includes 88 trees, approximately 4,000 shrubs and 2298 liners of cord grass (used in the project's dry water management area surrounding a designed central cypress dome). The installation includes a 15 ft wide Type B along Floridan Avenue. Additional trees and vegetation are located within a 49.1 ft.wide x 175 ft.area designed as preservation of existing site vegetation,but which may be mitigated consistent with LDC mitigation provisions for small preserves. Should mitigation be elected by the developer, a Type C landscape buffer shall be required between the eastern property line and the project's singular landscaped dry water management area. Drainage Easement. The existing property supports a 40 ft wide drainage easement bisecting the property which receives drainage via a 30" concrete pipe under Floridan Avenue from the subdivision north this roadway. Prior permitting and the easement provide for transmission of the historical flow through pipe. Drainage pipe diameter was previously engineered to be accommodated through a 42" pipe. Permitting subsequent to the Conditional Use will finalize drainage permitting. 145 Central Avenue, Naples, Florida 34102 mfernandez@planninodevelopmentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 &Code of Laws section 2-83—2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS ■ A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Applicant(s): 1080 Central LLC (100% owned by Michael & Theresa Fernandez) Address: 145 Central Ave City: Naples State: FL ZIP: 34102 Telephone: Cell: Fax: E-Mail Address: Name of Agent: Michael R Fernandez, RA AICP Firm: Planning Development Incorporated Address: 145 Central Ave City: Naples State: FL ZIP: 34102 Telephone: Cell:Cell: Fax: 877-263-0535 E-Mail Address: mfernandez@planningdevelopmentinc.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 9/25/2014 Page 1 of 13 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATON Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership • c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership 9/25/2014 Page 2 of 13 9&9nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239) 252-6358 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address %of Ownership Dana Sjostedt 100 Date of Contract: 6-15-16 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired 4-30-14 ❑ Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 9/25/2014 Page 3 of 13 S&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: East Naples Civic Association Inc. c/o Mr.Ted Beisler Mailing Address: 4784 Inverness Club Drive City: Naples State: Fl Zip: 34112 Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400'scale), if required to do so at the pre-application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: 62090040005 Plat Book: 1 &3 page#: 110&67 Section/Township/Range: 29 /50 /26 Subdivision: Naples Manor Addition and Naples Manor Annex Lot: see legal Block: see legal Metes& Bounds Description: Size of Property: 531 ft. x 200 ft. = 106,200 Total Sq. Ft. Acres: 2.44 Address/General Location of Subject Property: 11201 TAMIAMI TRL E;northside of and fronting US 41 E;approx.half way between Rattlesnake Hammock Rd&Collier Blvd. within the block Entrance Road and Martin Street 9/25/2014 Page 4 of 13 Coe r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE — GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N C-4 then RSF-4 Floridan RAN and Single Family Residental S C-4 Restaurant/Citgo Gas Station E C-4 US 41 E R/W W C-4 Vacant/Wooded If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: / / Lot: Block: Subdivision: Plat Book: Page#: Property I.D. Number: Metes & Bounds Description: CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the C-4 General Commercial zoning district for #24. Self Storage (type of use). Present Use of the Property: Vacant /Wooded 9/25/2014 Page 5 of 13 99onty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239) 252-6358 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further,satisfactory provision and arrangement have been made concerning the following matters,where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control,and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so,what was the nature of that hearing? No. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Q■ No n Yes (If yes please provide copies.) 9/25/2014 Page 6 of 13 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance,the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 9/25/2014 Page 9 of 13 Co ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239) 252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals • A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review Copies Required Required Completed Application (download current form from County website) 16 El ❑ Cover letter briefly explaining the project 16 El El Pre-Application Notes 1 El El Affidavit of Authorization,signed and notarized 2 ❑ ❑ Completed Addressing Checklist 1 ❑ ❑ Warranty Deed(s) 3 ❑ ❑ Boundary Survey 3 El El Conceptual Site Plan 24"X 36" plus(one 8%z X 11 copy) ❑ El ❑ Plans showing proposed location for utilities,if required ❑ ❑ El Plans for screening and buffering the use with reference as to type,dimensions, ❑ ❑ ❑ and character, if required Plans showing the proposed landscaping and provisions for trees protected by ❑ El ❑ County regulations, if required Plans showing the proposed signs and lighting, including type,dimensions, and ❑ ❑ ❑ character,if required Architectural Rendering of Proposed Structure(s), if applicable 4 El El Current aerial photographs(available from Property Appraiser)with project 5 ❑ ❑ boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. Statement of utility provisions(with all required attachments&sketches) 1 ❑ El Environmental Data Requirements, pursuant to LDC section 3.08.00 3 El El Environmental Data Requirements collated into a single Environmental Impact Statement(EIS)at time of public hearings. Coordinate with project planner at time ❑ ❑ ❑ of public hearing. Listed Species Survey; less than 12 months old. Include copies of previous surveys. 2 El El Traffic Impact Study(TIS)or waiver 7 El ❑ Historical and Archeological Survey,or waiver 4 ❑ El Electronic copy of all documents and plans * Please advise:The Office of the Hearing Examiner requires all materials to be 1 ❑ ❑ submitted electronically in PDF format. * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 9/25/2014 Page 10 of 13 $9& nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239) 252-6358 Planners: Indicate if the petition needs to be routed to the following additional reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Emergency Management: Dan Summers;and/or Executive Director EMS:Artie Bay ❑ Conservancy of SWFL: Nichole Ryan ❑ Graphics: Mariam Ocheltree ❑ City of Naples: Robin Singer, Planning Director ❑ Utilities Engineering: Kris VanLengen ❑ Parks and Recreation:Vicky Ahmad ❑ Immokalee Water/Sewer District: El Other: ❑ School District(Residential Components):Amy Heartlock Communication Towers: ❑ Mosquito Control ❑ Collier County Airport Authority ❑ Naples Airport Authority Commercial Mining: ❑ Impact Fees FEE REQUIREMENTS All checks payable to:Board of County Commissioners x Pre-Application Meeting:$500.00(to be credited towards the application fee if the application is filed within 9 months of pre-application meeting) x Conditional Use Application Fee:$4,000.00 o When filed with Rezone Petition:$1,500.00 o Additional fee for 5th and subsequent reviews:20%of original fee Fire Code Review Fee:$150.00 x Comprehensive Planning Consistency Review:$300.00 x Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 x Listed or Protected Species survey review fee(when an EIS is not required): $1,000.00 x Transportation Fee,if required: x Methodology Review Fee:$500.00 Minor Study Review Fee:$750.00 o Major Study Review Fee:$1,500.00 x Estimated Legal Advertising Fee for the Hearing Examiner or CCPC:$925.00 $1,150 Estimated Legal Advertising Fee for the BZA,if required: $500.00 Total: $8,850.00 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 .eny 9/1 9/1 6 Applicant Signature Date 9/25/2014 Page 11 of 13 PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architecture Growth Management Plan Consistency & Evaluation Criteria Analysis East Naples Self-Storage—CU Application a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: Future Land Use Element(FLUE): The subject property is designated Urban(Urban—Mixed Use District, Urban Residential Subdistrict)as identified on the Future Land Use Map within the Growth Management Plan (GMP). This district is intended to accommodate a variety of residential and non-residential land uses, including industrial and commercial subject to criteria. The subject site consists of Lots 1, 2, 11, 12 and a portion of 3. This property is not consistent with any locational criteria in the FLUE for commercial zoning. However, the entire property is identified on the "Consistent by Policy"maps, part of the Future Land Use Map series in the FLUE. FLUE Policy 5.1 allows such properties to be developed in accordance with their existing zoning. Under the Zoning Re-evaluation Ordinance, implemented in the early 1990's, an exemption application was approved for the portion of Lot 3, a Compatibility Exception application was approved for Lots 1 and 2, and a Compatibility Exception was approved for Lots 11 and 12 (and Lot 10, not part of this CU petition). Both Compatibility Exceptions contained conditions that were subsequently imposed via a "rezoning"from C-4 to C-4 (Ordinance No. 92-43). A copy of this ordinance is included in Exhibit 16. Those conditions (which the building stories,specify buffer type and location,preclude local street access, and limit access to US-41 and require shared access)are included in the CU Resolution for this petition. Those conditions allow one access point to serve Lots 1 and 2, and one access point to serve Lots 10-12. Only one access point is proposed for the entire site, so access is in compliance with that limitation. Also, there is a prohibition on access to Floridan Avenue, only emergency vehicles are allowed access. Staff previously advised that access restricted to emergency vehicle use is consistent with the intent of the prohibition. 145 Central Avenue, Naples, Florida 34102 mfernandez@plannincidevelopmentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architecture FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning previously left this determination to the Zoning and Land Development staff as part of their review of the petition in its entirety. Objective 7 of the FLUE states: "In an effort to support the ... Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable." Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (Access is provided onto US-41 East, an arterial road.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The site is proposed as a single development project. Given the small size of the project, and the proposed development, a loop road or drive is not feasible.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type. (Given the small size of the project, its double frontage, water management and preserve area location, and building size and location, one or more interconnections are not feasible. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (Mostly not applicable given that this is a commercial development.) Based in part on the above, it can be concluded that the requested conditional use may be deemed consistent with the FLUE of the Collier County GMP. Transportation Element: The Self-Storage CU application can be considered consistent with Policy 5.1 of the Transportation Element of the GMP. The adjacent roadway network has sufficient capacity to accommodate this project throughout the applicable planning period. See Exhibit 14:TIS for conclusions of no significant impact and therefore the project can be found consistent with Policy 5.1. 145 Central Avenue, Naples, Florida 34102 mfernandez©olanninodeveloamentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 1• e 11 PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architecture ANALYSIS: a. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). As previously noted, this request is consistent with the FLUE and the GMP. The proposed setbacks are in compliance with the rules and regulations in the LDC. The C-4 zoning district requires a 25-foot or 1/2 building height,whichever is greater,front setback along Tamiami Trail East and Floridan Avenue, and a side setback of 15 feet or 1/2 the building height. The C-4 district allows a maximum zoned height of 75 feet, the proposed building has a depicted maximum zoned height of 30'-9 1/2"; an actual height of 42' —2", when including architectural corner features which cover a limited portion of the building footprint. The project will be required to undergo the site development plan review process to ensure compliance. This petition is also consistent with Ordinance No. 92-43 that was approved as part of the Zoning Re-evaluation process. b. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The primary ingress and egress to the site will be via a right-in/right-out driveway at Tamiami Trail East (US 41). The petitioner will be required to provide a right turn lane from Tamiami Trail East, a 6 lane divided arterial roadway with a roadway speed of 55 mph. A restricted "emergency vehicle only" access point has been provided at Floridan Avenue. There is an existing sidewalk along Floridan Avenue and Tamiami Trail East. This project will not adversely impact the surrounding roadway network. c. The effect the Conditional Use would have on neighboring properties in relation to noise,glare,economic or odor effects. If approved, the proposed use should have minimal impact on neighboring properties in relation to glare, economic or odor effects. There are no odors associated with self-storage buildings.The size of the building will be screened by a combination of landscape buffering and reduced in mass with consistency with the County Architectural Design Standards. There will be little impact associated with noise. As depicted on the attached Master Site Plan, the proposed .20± acre preserve, combination 25 feet of landscaping generally comprise of 10 feet of building perimeter landscaping and 15-foot wide Type B or Type C landscape buffer) surrounding the building on two sides and 20 ft. abutting the gas station to the southeast, along with 15-foot wide roadway buffers can be expected to offset some of the impact to the residential neighbors located north and east of the building. It can be noted that the additional 10 ft.setback 145 Central Avenue, Naples, Florida 34102 mfernandezOolanninodeveloomentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 11 � n w�y✓ PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architecture provided for compliance with the County's Architectural Design Standards for the primary facade fronting Floridan Avenue, the effective setback is and landscaped buffer width is 30.1 ft. to/from the public right-of- way. d. Compatibility with adjacent properties and other property in the district. The self-storage building is setback 25 feet from the Tamiami Trail East and Floridan Avenue; with an effective/average setback of over 30 ft.; and 20 ft. to the southeast property line. The building height is limited to three stories and a proposed zoned height of approximately 31 ft., which is compatible with the surrounding commercial development. (Note that the LDC allows a zoned height of 75 feet in this zoning district). Northeast of the site, is Floridan Avenue and then three single family residences (which have a maximum zoned height potential of 35 ft. which is greater than the 31 ft. proposed by the development. To the southeast of the site is a convenience store and a gas station. To the southwest of the site is Tamiami Tail East then commercial businesses. To the northwest of the site is an undeveloped, vegetated lot. In addition, the proposed structure as depicted in Attachment 2 shall comply with the architectural design standards of section 5.05.08 of the LDC. Based on the information provided and with the appropriate mitigations, the proposed Conditional Use is an appropriate use of the subject site. The applicant has acknowledged that: 1. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier County Land Development Code. 2. And, the applicant has agreed to incorporate the conditions from Collier County Ordinance No. 92-43 which address site access, building height and landscaping, into the site plan during the SDP review process: a. Access onto Floridan Avenue is prohibited (except for emergency vehicle use). b. Principal structures shall be limited to three stories in height. c. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 4.06.02.C.2 (Alternative B) of the Land Development Code. d. The entire site shall be limited to a single access point onto US-41. e. And additionally,at the discretion of the Transportation Services Division and Florida Department of Transportation, a deceleration (turn) lane may be required. 145 Central Avenue, Naples, Florida 34102 mfernandez@planninodeveloomentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 9tY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: Conditional Use Date and Time: 6/30/2016 Assigned Planner: Daniel James Smith Engineering Manager(for PPL's and FP's): Project Information Project Name: EAST NAPLES SELF STORAGE CU P1#: PL20160001380 Property ID#: 62090040005 Current Zoning: e'er' Project Address: 11201 Tamiami Trail East City: State: Zip: Applicant: 1080 Central LLC - Property Owner Agent Name: Michael Fernandez RA AICP Phone: 239-263-6934 Agent/Firm Address: City: State: Zip: Property Owner: Please provide the following,if applicable: i. Total Acreage: ii. Proposed it of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments,indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: 9ty _ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 Meeting Notes ..,,yer ' .1. 4.,.. misraor Aw i 11— '1.- LI-4%*- gtf ® - , Acnessi Cc ) �D k Ct v11�Y....-s. .. �C.5.-%'1 v\.VC c �-'C---7.—.e. 11`. \.Y�v.L`>c•^,c`.\--�.. C LC\S ._'c Li_ice: cc_ C\ _ L�\v.\Com: C_(,s`c4-:_•r,. C'i }�.L_ C(4'^p Flos,; - Nf% au4 cohf:l-i4eyi/Sutr,f// ,J a),f;Jf44- 4 ruli,y 4A, I-A-re i L[,n" 1)54- .1/x, cL•Y/ -f. $/' Ct pro j etr 11'/ eitrs to .6 fic.,-4 Ji-,- e of 'r -b; j 7,-ixct:;, Zoo l , ch...p,,4 6;1-4 t^Lit tf -6-,,,.„ --)--A,„1- a-14-J;G/ )1c"7;--/"/dfe t.✓FL'it lived, 3 4/?r 1;ex. e - /"G l.-#6i c(1-.1e 13 &1,.f 1/& rf-z„, 0,,,..;--0,,,,f ),..ti vfcd ;/, iv' re` ,(%74rrf Ictcei51 /90 4teeir r// Aii, c \icw / 4' , cm rn 1 - see 41 -i+&U ,`ne c14-'\ -. P see 1 DAes e. -k. .., ),c .c- ()-cc-s;k . TT d.n -.5.-; Q.rzsc„-R s.,,v"e .e,s Ivs4-k's 04, iGc ,- ,,A A \rky 6e ne_c,e S S�-r/ oQ✓e Ac, cAe�1 -Gus- >6.1- 4C zc4 iu ----• t cm r-t-rTivie8e, . e.evceer (-4-cc. f c..J c )IrStit‘! t (kj i Coer County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Sign-In Sheet PL#: }=L- 14 C-00 l 3Ci?C) Collier County Contact Information: Name Review Discipline Phone Email I( David Anthony Environmental Review 252-2497 davidanthony@colliergov.net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch Transportation Planning 252-2361 StephenBaluch@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net O Dale Fey North Collier Fire Safety dalefey@colliergov.net O Eric Fey,P.E. Utility Plan Review 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration - 252-2924 paulafleishman@colliergov.net ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons@colliergov.net /".""N, 0 Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net O Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Right-Of-Way Permitting 252-2326 aliciahumphries@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net _ ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net O Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Greater Naples Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net 0/ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net Lt Michele Mosca,AICP Impact Fee Administration 252-2466 michelemosca@colliergov.net kf Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net _ ❑ Bill Pancake North Collier Fire Safety 252-2310 billpancake@colliergov.net O Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net ❑ Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Brett Rosenblum,P.E. Stormwater Plan Review 252-2905 brettrosenblum@colliergov.net Michael Sawyer Transportation Planning 252-2926 michaelsawyer@colliergov.net S& ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 ❑ Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Peter Shawinsky Architectural Review 252-8523 petershawinsky@colliergov.net N Daniel Smith,AICP Zoning Services 252-4312 danielsmith@colliergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@coiliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Mark Templeton Landscape Review 252-2475 marktempleton@colliergov.net Carolina Valer ? Comprehensive Planning 252-8498 carolinavalera@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net Er David Weeks,AICP Future Land Use Consistency 252-2306 davldweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: ' Name Representing Phone Email -.- AdtiGF1A& r.egolopim /&5,G. i' �z65-6 11 n.t 9e/f/6" //// i �s�r�r so C/i4�J// i�p � iilO�,n /t/AZZ', 9e/f/G Tfju /rws m P�� r>fA595-9//T(T, ?PrYVeCom?c5e.LLf9,,4SS.CONI r - A-0, k.,-1 E..�f-r.,,,%U, lT)--, k,71.25— ni,.' 6,,,n-1--.•b,...,-1,,e)r•II,:J,ji V.„L j, Environmental Data Checklist The Environmental Data requirements can be found in LDC Section 3.08.00 11111 ovide the EIS fee if PUD or CU. 'O AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of viro Data.Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Orntify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district,provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff,consistent with State regulation. 4. SDP or final plat construction plans with impacts to five(5)or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project(post development conditions considering the proposed land'uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies,and must demonstrate no increase in nutrients(nitrogen and phosphorous)loadings in the post development scenario. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 6. ere native vegetation is retained on site,provide a topographic map to a half foot and,where possible,provide elevations within each of the FLUCFCS Codes identified on site.For SDP or final plat construction plans, include this information on the site plans. 7. Pr.vide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site.The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission(1.1.WCC)and the U.S.Fish and Wildlife Service(USFWS).Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low,as determined by the FFWCC and USFWS.Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low,the survey time may be reduced or waived by the County Manager or designee,when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 8. P ovide a survey for listed plants identified in 3.04.03 0 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS.These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site.Wildlife habitat management plans shall be included on the SDP or final plat construction plans.Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. Conditional Use : Development of Regional Impact Se S rl 144. project must be in compliance with the overlays,districts and/or zoning on the bject site and/or the surrounding properties. (i.e. CON, ST, PUD,RLSA designation, RFMU district, etc.)(LDC 2.03.05-2.03.08; 4.08.00) land use compliance 147. Comply with specific requirements per SSA stewardship easement. (LDC 4.08.06) SSA compliance 148. Comply with specific requirements per SRA development document/master plan. (LDC 4.08.07) SRA compliance 149. ubmit a current aerial photograph and clearly delineate the subject site boundary lines. If the site is vegetated,provide FLUCFCS overlay or vegetation inventory identifying upland,wetland and exotic vegetation. (LDC 10.08.00.B.6) FLUCCS aerial 150. early identify the location of all preserves and label each as"Preserve"on all plans. LDC 3.05.07.A.2). preserves labeled 151. ovide calculations on site plan showing the appropriate acreage of native vegetation to be retained,the max. amount and ratios permitted to be created on-site or mitigated off- _ ___site..Exclude vegetation located within utility and drainage easernents_from-the preserve calculations(LDC 3.05.07.B-D; 3.05.07.F;3.05.07.H.1.d-e). preserve calculation 152.If ffsite preservation proposed, demonstrate that project complies with LDC standards. (LDC 3.05.07 H 1 f) oposed uses and structures in preserves must comply with Allowed Uses(LDC 3.05.07 illiHl hi) 154.Demonstrate that any proposed discharges of stormwater into preserves meet required treatment standards and other criteria(LDC 3.05.07 H 1 h ii) 142. Wetland line shall be approved by SFWMD and delineated on the site plan. (LDC '--------3.05.07.F) on ovide a wildlife survey and include the species specific wildlife habitat management an on the site The mans ement shall include a ro am for sites plan. g planmonitoring program larger than 10 acres. (LDC 3.04.00) species survey&management 156. rovide complete and sufficient Environmental Data identifying author credentials, off- -site preserves, seasonal and historic high water levels,and analysis of water quality. For land previously used for farm fields or golf course,provide soil sampling/groundwater monitoring reports identifying any site contamination.(LDC 10.02.02 A) EIS required ,,--- 157.Retained preservation areas shall be selected based on the criteria defined in LDC .05.07.A.3,include all 3 strata,be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) preserve selection 18. Where applicable,provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30,F.A.C.,as those rules existed on January 13,2005. 19. Identify any Wellfield Risk Management Special Treatment Overlay Zones(WRM-ST)within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00.Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans.For land use applications such as standard and PUD rezones and CUs,provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 20. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 21. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment overlay district(ACSC- ST),show how the project is consistent with the development standards and regulations in 4.02.14. 22. For multi-slip docking facilities with ten slips or more,and for all marina facilities,show how the project is consistent with 5.05.02.Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. For development orders within RFMU sending lands,show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. 24. he County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements.(LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) ' ovide overall description of project with respect to environmental and water management issues. •ta 1 li a 'xplain how project is consistent with each of the applicable objectives and policies in the CCME of the .GMP. xplain how the project meets or exceeds the native vegetation preservation requirement in the CCME and DC. d. yu dicate wetlands to be impacted and the effects of the impact to their functions and how the project's design ompensates for wetland impacts. e. dicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. O25. Dzoning and CU petitions.For PUD rezones and CU petitions,applicants shall collate and package applicable vironmental Data Submittal Requirements into a single Environmental Impact Statement(EIS)document, prior to public hearings and after all applicable staff reviews are complete.Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 26. Is EAC Review(by CCPC)required? 27. Additional Comments 28. Stipulations for approval(Conditions) 158. rovide the location,maintenance plan, and type of habitat of any proposed off-site preservation/mitigation. (LDC 3.05.07.F.4) off-site mitigation 126. All direct impacts to wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system shall be mitigated. Provide a mitigation assessment. (LDC 3.05.07.F.3-4) wetland mitigation 127.Wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system being utilized by listed species, serving as wildlife corridors and existing wetland flow ways shall be preserved onsite,even if by doing so exceeds the required preservation acreage.(LDC 3.05.07.F.3.b-c) wetland impacts 128.Wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system shall provide an assessment of the value and function of the onsite wetlands (WRAP score). Direct impacts of development shall be directed away from high quality wetlands. (LDC 3.05.07.F.3.a) wetland assessment 129.RLSA Baseline standards for Wetlands outside of FSAs, HSAs, WRAs and the ACSC. Wetlands being utilized by listed species or serving as wildlife corridors shall be preserved onsite,even if by doing so exceeds the required preservation acreage. (LDC 4.08.05.M.2.) RLSA wetlands _ • 430.RLSA Baseline standards for Wetlands outside of FSAs, HSAs, WRAs and the ACSC-. Provide a map identifying the wetland assessment scores of each wetland on-site. The preservation requirement shall be met first with wetlands with a score of 0.65 or greater (based on SFWMD methods). Provide agency approved wetland score documentation. (LDC 4.08.05.M.1.) RLSA wetland assessment 131.RLSA Baseline standards for Wetlands outside of FSAs, HSAs, WRAs and the ACSC. Direct impacts to wetlands, shall be mitigated for. Provide a mitigation assessment. The wetland functional score of the mitigation must equal or exceed that of the impacted wetlands.Demonstrate that there's no net loss of wetland functions. Priority shall be given to mitigation within FSAs and HSAs. (LDC 4.08.05.M.8-9.) RLSA mitigation 159. ACSC-ST Overlay: Max. of 10%of the site(min. 2,500 sq. ft.)may be impacted. A max. of 50%of the impacted area shall permitted to be non-permeable. (LDC 4.02.14) ACSC alteration 160.ACSC-ST Overlay: Wetland plants shall not be altered. (LDC 4.02.14) ACSC wetlands 304. Additional comments ;60 c v/5 liv r e A)A j `'€�.";j 1 e , 1-) \-: /Jaw P i 41, '1.4‘ Stipulations for approval(Conditions) . ,F �oc, r,\ k v. e- M� d ENV 1 Golf Courses within RFMU or RLSA must provide an Environmental Master Plan and Natural Resource Management Plan(NRMP)approved by Audubon International. (LDC 2.03.08.A.2.a.(3)(a).xi.b; 2.03.08.A.3.a.(1)(k);4.08.06.A.3.h;4.08.08.F.1) ENV2 ' ciple structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations,fill placement, grading, plant alteration or removal,or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve(i.e. stem wall or berm 9unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: fl A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals ❑A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review #Of Required Not Copies Required Completed Application(download current form from County website) 16 ❑ Cover letter briefly explaining the project 16 Cl Pre-Application Notes 1 El Affidavit of Authorization,signed and notarized 2 ❑ Completed Addressing Checklist 1 ❑ Warranty Deed(s).. 3 ❑ Boundary Survey 3 El Conceptual Site Plan 24"X 36" plus(one 8 Y:X 11 copy) ❑ ❑ Plans showing proposed location for utilities,if required ❑ ❑ -- Plans for screening and buffering the use with reference as to type,dimensions, ❑ o ❑ and character,if required Plans showing the proposed landscaping and provisions for trees protected by ❑ ❑ ❑ County regulations,if required Plans showing the proposed signs and lighting,including type,dimensions,and ❑ ❑ character,if required Architectural Rendering of Proposed Structure(s),if applicable 4 ❑ Current aerial photographs(available from Property Appraiser)with project 5 ❑ ❑ boundary and,if vegetated,FLUCFCS Codes with legend included on aerial. Statement of utility provisions(with all required attachments&sketches) 1 ❑ ❑ Environmental Data Requirements,pursuant to LDC section 3.08.00 3 0 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement(EIS)at time of public hearings. Coordinate with project planner at time ❑ ❑ ❑ of public hearing. Listed Species Survey;less than 12 months old. Include copies of previous surveys. 2 ❑ ❑ Traffic Impact Study(TIS)or waiver 7 ❑ Historical and Archeological Survey,or waiver 4 ❑ Electronic copy of all documents and plans ` / *Please advise:The Office of the Hearing Examiner requires all materials to be 1 ;`�'�( ❑ submitted electronically in PDF format. *If located in the Bayshore/Gateway Triangle Redevelopment Area,include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 9/25/2014 Page 10 of 13 Coder County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Planners:Indicate if the petition needs to be routed to the following additional reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Emergency Management:Dan Summers;and/or Executive Director f EMS:Artie Bay ❑ Conservancy of SWFL:Nichole Ryan ❑ Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director 71-. Utilities Engineering:Kris VanLengen ❑ Parks and Recreation:Vicky Ahmad ❑ Immokalee Water/Sewer District: ❑ Other ❑ School District(Residential Components):Amy Heartlock Communication Towers: ❑ Mosquito Control ❑ Collier County Airport Authority ❑ Naples Airport Authority Commercial Mining: ❑ Impact Fees FEE REQUIREMENTS + All checks payable to:Board of County Commissioners ..Pre-Application Meeting:$500.00(to be credited towards the application fee if the application is filed xwithin 9 months of pre-application meeting) Conditional Use Application Fee:$4,000.00 o When filed with Rezone Petition:$1,500.00 o Additional fee for 5th and subsequent reviews:20%of original fee Yr-- Fire Code Review Fee:$150.00 Comprehensive Planning Consistency Review:$300.00 Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 Listed or Protected Species survey review fee(when an EIS is not required):$1,000.00 Transportation Fee,if required: o Methodology Review Fee:$500.00 o Minor Study Review Fee:$750.00 �/ o Major Study Review Fee:$1,500.00 �lf ]� rr Estimated Legal Advertising Fee for the Hearing Examiner or CCPC:$9350' _ 1 S a !IV r ❑ Estimated Legal Advertising Fee for the BZA,if required:$500.00 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 Applicant Signature Date 9/25/2014 Page 11 of 13 Co i er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 Public Participation Requirements LDC Section 10.03.06 B.or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting(NIM) Requirements:Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date,time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign:A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner:The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting(NIM) Requirements:Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 9/25/2014 Page 12 of 13 Coiter County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Newspaper Advertisements:The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time, and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. Sign:A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAC):The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals(BZA): The BZA shall hold at least 1 advertised public hearing. 9/25/2014 Page 13 of 13 Co -w County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED.Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Camival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) 0 CU(Conditional Use) 0 SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) 0 SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) 0 TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) 0 VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description maybe attached) attached S9 T50 R2 6 FOLIO(Property ID)NUMBER(s)of above(attach to,or associate with,legal description if more than one) 62090040005 STREET ADDRESS or ADDRESSES(as applicable,if already assigned) : - , • - • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) PROPOSED PROJECT NAME(if applicable) EAST NAPLES SELF STORAGE CU PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# 2016 000 1380 • Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑. Email 0 Fax 0 Personally picked up Applicant Name: 1080 Central LLC c/o Michael Fernandez/Planning Development Inc Phone: 239-263-6934 EmailiFax:mfernandez@planningdevelopmentinc.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 62090040005 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: --- _Date: 6/20/2016 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Z w � 'CO3,, aOJ .4„,d hyo /4 H 0 P , , \ ., 0CU 6 u) J`' 0 _ e O O 1.56 '21'3 V. O 0 0 a IV: 0 Et Y V d O g Q coo p 10 Z� o Iliw � J 0v cp c U w 0 .c iii g '.-:.� r co W2W m cm U ai x"' m 0 v NIHON a 2 0 0 Pi O o r —� co 0 Collier County Property Appraiser Property Summary Parcel No. 62090040005 Site Adr. 11201 TAMIAMI TRL E Name%Address 1080 CENTRAL LLC 145 CENTRAL AVE i City j NAPLES 1 . State i FL 1 Zip i 34102 Map No, I Strap No. `. Section I Township Range ° Acres *Estimated 51329 I 507400115829 i 29 J 50 I 26 I 2.44 ',NAPLES MANOR ADD BLK 1 LOTS 1,2 AND NLY 48.5FT LOT 3,AND LOTS 11 &12 OF NAPLES MANOR ANNEX BLK 1 (PB 1 PG 110),AND THAT PORTION OF THE UNPLATTED 40FT CANA BETWEEN NAPLES MANOR ANNEX PB 1 PG 110 AND NAPLES MANOR ADDITION PB 3 PG 67 Legal ;FURTHER DESC AS FOLLOWS:BEG AT NE CNR OF LOT 1 BUC 1 OF SAID NAPLES MANOR ADDITION, THEN S 50DEG W ALG THE NWLY LINE OF LOT 1 FOR 200FT,THEN N 39DEG W 40FT TO THE SW CNR ;OF LOT 12 BLK 1 OF SAID NAPLES MANOR ANNEX,N 50DEG E ALG SELY UNE OF LOT 12 200FT,S 39DEG E 40FT TO POB Millage Area 0;108 Millage Rates 0 *Calculations Sub./Condo '507400-NAPLES MANOR ADDITION School Other , Total iiUse Code Q j 0-VACANT RESIDENTIAL I 5.48 1 6.3807 I 11.8607 tTh Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page I Amount _ 1 ( Land Value $444,678 04/30/14 5032-549 $44,500 �.- — __ __— (+) Improved Value $p 06/01/12 4812-1157 0 () Market Value $444,678 06/07/10 4581-2156 $100 _ v _r_ _.__ _ ._ ' 06/07/06 4051-689 $1,670,000 ( ) Assessed Value 1 $444,678 03/09/05 3748-3521 $1,550,000 (_) School Taxable Value $444,678 ` $ 01/16/87 1244-2284 � - _ $0 (_) Taxable Value $444,678 10/01/84 1104-620 80,000 If all Values shown above equal 0 this parcel was created after the Final Tax Roll — — — 04/01/81 912-249 $0 LEGAL DESCRIPTION LOTS 1,2,AND THE NORTHERLY 48.5 FEET OF LOT 3,BLOCK ONE,NAPLES MANOR ADDITION,RECORDED IN PLAT BOOK 3, PAGES 67&68; AND A TRACT OF LAND BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK ONE OF SAID NAPLES MANOR ADDITION,THENCE S50°28'30"W,ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, 200 FEET, TO THE NORTHWEST CORNER THEREOF;THENCE N39°31'30"W, 40 FEET, TO THE SOUTHWEST CORNER OF LOT 12, BLOCK ONE, OF SAID NAPLES MANOR ANNEX; THENCE N50°28'30"E, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 12, 200 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE S39°31'30"E,40 FEET,TO THE POINT OF BEGINNING; AND LOTS 11&12, BLOCK ONE,NAPLES MANOR ANNEX, RECORDED IN PLAT BOOK 1, PAGE 110; ALL SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, ALL RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. 1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL 2016 000 1380 East Naples Self Storage CU MICHAEL R FERNANDEZ (print name),as MANAGING MEMBER (title, if applicable)of 1080 CENTRAL LLC (company, If a licable), swear or affirm under oath,that I am the(choose one)owners applicanttcontract purchasernand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize MICHAEL R FERNANDEZ,RAAICP/PLANNING DEVELOPMENT INC to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words'as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 77"/....---44-212.7 6/2. //-6 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed) and subscribed before me on OCA 120 12016 (date) by M`Cana �l TeCYln��Z. (name of person providing oath or affir ation), as who is personally known to me o has produced FL' �L (type of identification)as identification. mh �/ STAMP/SEAL- Signature of Notary Public /�,,,n,� NOLVIA V. ( ;;at' �`�%: Notary Public-State of Florida -y, J- +;5 My Comm.Expires Jul 10.2018 ��,,� ,`' Commission#FF 140740 ':7noit Bonded Through National Notary Assn. ` CMOS-014-00115\155 REV 3/24/14 coffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD (Boat Dock Extension) El SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) O CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) El SIPI (Insubstantial Change to SIP) El FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) El SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) El TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) attached S9 T50 R26 FOLIO(Property ID) NUMBER(s)of above(attach to, or associate with, legal description if more than one) 62090040005 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) ; • • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) PROPOSED PROJECT NAME(if applicable) East Naples Self Storage (CU) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# 2016 000 1380 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239) 252-5724 Project or development names proposed for,or already appearing in, condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑. Email ❑ Fax ❑ Personally picked up Applicant Name: 1080 Central LLC c/o Michael Fernandez/Planning Development Inc Phone: 239-263-6934 Email/Fax: mfernandez@planningdevelopmentinc.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 62090040005 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: VJL _Date: 6/20/2016 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Z W N 4.* O V d�m IX O� f�� bb� sy O, a60 I � .ao d• cfs.°1' .:CE' -'', 400/ 7:3 4:3 .fro ,,, '' O -11"-L.::1-** o LLI u) z O 0 0 0 1.96 2I-3 x 0 0 0 0 Q I N N0 Y U O 0 a co 2 cc w Y V _. O z i_ z cn v O i- '/7/ .3.7 ce ca 5b`♦ 2 J c c) W0 ,c 0 Jo iE} , N a N = O 0 To in z ah U FuaoN p z i ° Lu VI o g LL Collier County Property Appraiser Property Summary _ Parcel No. 62090040005 Site Adr. 11201 TAMIAMI TRL E Name/Address 1080 CENTRAL LLC 145 CENTRAL AVE City NAPLES State FL Zip 34102 Map No. Strap No. Section Township Range Acres *Estimated 5629 507400 1 15629 29 50 26 2.44 NAPLES MANOR ADD BLK 1 LOTS 1, 2 AND NLY 48.5FT LOT 3,AND LOTS 11 & 12 OF NAPLES MANOR ANNEX BLK 1 (PB 1 PG 110),AND THAT PORTION OF THE UNPLATTED 40FT CANA BETWEEN NAPLES MANOR ANNEX PB 1 PG 110 AND NAPLES MANOR ADDITION PB 3 PG 67 Legal FURTHER DESC AS FOLLOWS: BEG AT NE CNR OF LOT 1 BLK 1 OF SAID NAPLES MANOR ADDITION, THEN S 50DEG W ALG THE NWLY LINE OF LOT 1 FOR 200FT,THEN N 39DEG W 40FT TO THE SW CNR OF LOT 12 BLK 1 OF SAID NAPLES MANOR ANNEX, N 50DEG E ALG SELY LINE OF LOT 12 200FT, S 39DEG E 40FT TO POB Millage Area 0 108 Millage Rates 0 *Calculations Sub./Condo 507400- NAPLES MANOR ADDITION School Other Total Use Code 0 0-VACANT RESIDENTIAL 5.48 6.3807 11.8607 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $444,678 04/30/14 5032-549 $44,500 (+) Improved Value $0 06/01/12 4812-1157 $0 06/07/10 4581-2156 $ 100 (_) Market Value $444,678 06/07/06 4051-689 i $ 1,66 70,000 (_) Assessed Value $444,678 1 03/09/05 3748-3521 $ 1,550,000 (_) School Taxable Value $444,678 01/16/87 1244-2284 $0 (_) Taxable Value $444,678 10/01/84 1104-620 $80,000 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 04/01/81 1 912-249 $0 LEGAL DESCRIPTION LOTS 1,2,AND THE NORTHERLY 48.5 FEET OF LOT 3, BLOCK ONE, NAPLES MANOR ADDITION, RECORDED IN PLAT BOOK 3, PAGES 67 &68; AND A TRACT OF LAND BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK ONE OF SAID NAPLES MANOR ADDITION, THENCE 550°28'30"W,ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, 200 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE N39°31'30"W, 40 FEET, TO THE SOUTHWEST CORNER OF LOT 12, BLOCK ONE, OF SAID NAPLES MANOR ANNEX; THENCE N50°28'30"E, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 12, 200 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE S39°31'30"E,40 FEET,TO THE POINT OF BEGINNING; AND LOTS 11& 12, BLOCK ONE, NAPLES MANOR ANNEX, RECORDED IN PLAT BOOK 1, PAGE 110; ALL SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, ALL RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1 INSTR 4975786 OR 5032 PG 549 RECORDED 4/30/2014 3:48 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $311.50 REC $27.00 CONS $44,468.00 This instrument prepared by and return to: Planning Development Inc. 145 Central Avenue Naples,FL 34102 Parcel Identification No.: 62090040005 Consideration:$44,468.00 SPECIAL WARRANTY DEE2D�, THIS SPECIAL WARRANTY DEED is ..•�-afpd�iVG I ' SO day of.14:4_, iCr ft I .2014,by Planning Development Inc.a Florida Corporate. —mai : . •.. 145 Central Avenue,Naples, FL 34102 (hereafter called the"Grantor"),t• • entral LLC,a Florid- iq it' Liability Company,whose address is 145 Central Avenue,Naples,7'3414h8cea1er called the"G • tee'). ff � 'R:i11'�.. 1 11 That the Grantor,for .1um It yrs($10.00)and other good and valuable consideration to sai Yi tor, in hand paid *the 4 ran e • he receipt of which is hereby acknowledged, hereby grants, s, sells, aliens, re --' , el-A' conveys and confirms unto the Grantee, all that certain piece, p• . tract of land lying a ,.-' : in the County of Collier, State of Florida(the"Property"),more parte . - ribed on t : : 20't- Exhibit"A". rjre ci-C SUBJECT TO ad valorem taxes and asses - ccruing subsequent to December 31,2013,and all reservations,covenants,conditions,restrictions,and easements of records,if any,but this instrument shall not operate to reimpose the same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land,and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by,through or under the said Grantor,but none other. 1 OR 5032 PG 550 IN WITNESS WHEREOF,the Grantor has caused these presents to be executed the day and year first above written. Signed,sealed and delivered "Grantor" In the presence of: Planning Development Inc., a Florida Corporation / allii By: ti�� • Signatur- of Witness Printed:Theresa F.F rna ez Printed ame:( (a/4. a,eqY1 1tr-- Its Vice President 4:2A-Loaeak • Signature of Witness i,14- Printed Name: ife r • '10 , State of Florida County of Collier n COIFY—s i'''' The foregoing instrument was a,42 ledged before me -• P i day of 2014, by Theresa F.Fernandez,as Vice • e4ia` t of Planning Develo W'i U c.,a Florida C rporation,on behalf of the corporation. She is 0 , u-rsonall .t;,� i me or has produced sl`►ftit .�.�' /J .lam? (Notary Sig ture) (NOTARY SEAL) eA C' // 360-)-I (Notary Name Printed) 0:%.w4: CATHY A DAME NOTARY PUBLIC ��p _ a•- MY COMMISSION#EE134095 COMMISSION NO. CE/S�� ---7•;,.-4,.„#, EXPIRES September 28.2015 m71'498-0153 FloritallotarySerriee.tom 2 *** OR 5032 PG 551 *** EXHIBIT „A» LEGAL DESCRIPTION LOTS 1,2,AND THE NORTHERLY 48.5 FE' • _�^v �� �I�3��8�K` ,NAPLES MANOR ADDITION,RECORDED IN PLAT BOOK 3,PAGES 67&68; �r� AND C7711: \____ \t A TRACT OF LAND BEGINNIN. AT THE Nat. •t' COR ER OF T , BLOCK ONE OF SAID NAPLES MANOR ADDITION,THENCE S•0° •, ' i • • i 0 + ' •. RLI LINE OF SAID LOT 1,200 FEET, TO THE NORTHWEST CORNE• TH •F; a • 9 • 0''' •0 f ET4 TO THE SOUTHWEST CORNER OF LOT 12, BLOCK ONE, • r„ i 'dAP i:. AN , • E N50°28'30"E, ALONG THE SOUTHEASTERLY LINE OF SAI•t 12, 200 FEET, TO ! r E '0 / k T CORNER THEREOF; THENCE 539'31'30"E,40 FEET,TO THE P• , F BEGINNING; _ 1,' Q AND �A, ,�`N J - LOTS 11&12,BLOCK ONE,NAPLES MANO WR DIN PLAT BOOK 1,PAGE 110; ALL SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, ALL RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. r--•\ 3 , 1 , 1 Print Tax Bills Change of Address . , . , Property Summary I Property Detail I I Sketches II Trim Notices I Parcel No. 62090040005 Site Adr. 11201 TAMIAMI TRL E Name/Address 1080 CENTRAL LLC 145 CENTRAL AVE City NAPLES State FL Zip 34102 Map No. Strap No. Section Township Range Acres *Estimated 5629 507400 1 15629 29 50 26 2.44 NAPLES MANOR ADD BLK 1 LOTS 1, 2 AND NLY 48.5FT LOT 3, AND LOTS 11 & 12 OF NAPLES MANOR ANNEX BLK 1 (PB 1 PG 110), AND THAT PORTION OF THE UNPLATTED 40FT CANA BETWEEN NAPLES MANOR ANNEX PB 1 PG 110 AND NAPLES MANOR Legal ADDITION PB 3 PG 67 FURTHER DESC AS FOLLOWS: BEG AT NE CNR OF LOT 1 BLK 1 OF ISAID NAPLES MANOR ADDITION, THEN S 50DEG W ALG THE NWLY LINE OF LOT 1 FOR 200FT, THEN N 39DEG W 40FT TO THE SW CNR OF LOT 12 BLK 1 OF SAID NAPLES MANOR ANNEX, N 50DEGE ALG SELY LINE OF LOT 12 200FT, S 39DEG E 40FT TO POB Millage Area 0 108 Millage Rates 0 *Calculations Sub./Condo .507400 - NAPLES MANOR ADDITION School Other Total 1 Use Code 0 0-VACANT RESIDENTIAL 5.48 I 6.3807 11.8607 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page ' Amount Land Value $444,678 04/30/14 5032-549 $44,500 (+) Improved Value $ 0 06/01/12 4812-1157 $ 0 -- (_) Market Value $444,678 06/07/10 4581-2156 $ 100 06/07/06 4051-689 $ 1,670,000 (_) Assessed Value $444,678 03/09/05 3748-3521 $ 1,550,000 (_) School Taxable Value $ 444,678 01/16/87 1244-2284 $ 0 (_) Taxable Value $ 444,678 10/01/84 1104-620 $ 80,000 If all Values shown above equal 0 this parcel was created after the Final Tax 04/01/81 912-249 $"0 Roll Print Tax Bills Change of Address Property Summary Property Detail Sketr is Trim NoticesI Parcel No. 62090040005 Site Adr. 11201 TAMIAMI TRL E Name/Address 1080 CENTRAL LLC 1145 CENTRAL AVE I City NAPLES j State FL Zip 34102 Permits Tax Yr Issuer Permit# CO Date Tmp CO Final Bldg Type Land Building/Extra Features # Calc Code Units # Year Built Description Area Adj Area 10 COMMERCIAL SF 91175 20 FLAT VALUE 8000 30 FLAT VALUE 7025 Collier County Property Appraiser 2015 R'., E,,, 1.' Parcel 10 5213900400051,1ifidge Area:0108 Use Cole 00 StusAddress: 11201 TAMIAMI TRL E Lege,Descnptar NAPLES MANOR ADO 8LK 1 LOTS 1. 2 AND NLY 48.5FT LOT 3,AND LOTS 11&12 OF NAPLES MANOR tilts/gathllhlltltl11lttlitllatalatallhtlatgah11IIIIIlu 111 27.7644 AUTO••SCM 5-DIGIT 34102 1080 CENTRAL LLC 145 CENTRAL AVE NAPLES.FL 34102 1 : , '$UM*AIEY"Oi,YOVR..P805€RIY.VM.UAhON _ ,,,'.'j '}n-(.0.11V'PRIM...As/FDA.ADEN,'?s k.xar as ws Dos KA mesa to rraaarrYxatyo,aenlsed to a.ssrorlNm cc ciassicasn Ams not+«!4su b.lw.. ;Market Value, 2014 2015 C0"' yW m44 V anrtr at se.at 4239)262-8141 444,678 444,676 see Re1d$ApMbss's Oaks A wade nresoNs Re,'oast a,le 4vs.lAdvalue.ataitafart at al smarts,as,met srs pars M Mill A.eenI Will telfshatadlustras4 ODard.P,Mm knro are n413041fren 1vrCwvr vrwLaty Maris And aunt be aatdm a sek/e:5 PM SEPTEMBER 8,2010 Taxing Auttantsts Asssg 4 Yaxre Exem0001 -- atwSN VNw ai:Year This Year as<•Yt*r THs Year ns:VAX TIs Yeas 444,615444.678 C 0 r 444.67$ 444.61$ :.lir„Sttoes 444.615 r 444.678 C 0 444.678 444.678 } Mcnc Rev 0 0 C 0.__ _..y _ . } C $0,4h F$•0,.,2.ate'Ypt Oatrct 444,675 444.575 C n _ 444,67$ t 44467$ Irdeaerrkm Special Dls1340 444,675 L 444.678 C .. 444,67$ 444,575 Ales 9t "ns p__*Wits n.1 , Al 4,1 l , Exemptions . Applae To *imam sem CU(HartsBerefd Ai-aces C • $klrest,ea Abases 0 '0%tIon Na eeslead Cap Noi-Schaal-4,'., ( _ x;1a116 HOPI, NadSctCMTaxes 0 Ag!culturalCa9,'tafe't 42 Tales . C _ed Imams .. :' 111. . `v1'atee 0 /� Warbrg Meat'. At xa C -.red Inorte S .. . 0 '1 ,,:,., A'-.01.... C ^"3.7ddcrr u r.: - .. 0 ! _.. - - thOTtCE OF PROP05EO AO.VALO*EMASSESSs6E6t5 COLUMN 1' COLUMN 2' COLUMN 3' $130.L NEARIN4 kNFrAVATION TAXING AUTHORITIES .oar hist Years Yetn Taxes This Year Yw Taa R M Mis r,,.. axes Tlss T!vs Years A wr „-,,:, ,.,,,s Prope4y Taxes Actual IF NO Budget Charge Iso IF1400440,1 Year It PROPOSED PROPOSED --- Last AV TO Rats ISM MOW ounce ft,&MA a goo 4$6000 'Ss Rata ,mss..- 0 Name Number Date III ane A Cony.' GENERAL SIM $1.598.08 3.5938 $1,583.19 3.3804 $1,598.08 3.5938 1 09/10.,201510505 PM USW COLLIER couvTY uotossu M88.94 0.2000 $81.60 0.1880 $83.60 0.1880 I 09;10/2015 05:05 pM (*MCC RP CEN-USD 5318.43 0.7161 $300.56 0.6759 1318.43 0.7161 I 09/102015 0505 PM ■ steaa ac e y ._. . SCNOCA POARD-STATE SAW $1,481.67 3.3320 11,374.12 3.0924 $1,432..:0 3.2320 2 09138/2015 06'30 PM SCNOC.BOARD-LOCAL BOARD $990.64 2.2480 $927.78 2.0864 $999.64 2.2480 2 (09.0812015(0630PM 'Th.- i•..d FI, ,,s,:e•,MI7,4,441 , _.. $137.72 0.3097 $128.42 0.2888 3128.42 0.2888 6 09/10.2015 05-15 PM "-.1rarer- 3......11, a + 1,.LIER YO.OPITO CCNTRCS $40.51 0.1001 $41.80 0.0940 141.80 0.0940 7 0910312015 05:01 PM :HEATER NAPLES FERE RESCUE DIS 1667.02 1.5000 1.625.84 1.4074 1667.02 1.5000 9 094912015 0505 PM - -ota,Property Taxes 16,336.01 11.9997 $4,996.31 ,1.2133 $5,274.19 11.8691 •See ERxplrpinufbnO oFPI 11111111191 1111 11 II II liii II Collier County Tax Collector 3291 Tamiami Trail East,Naples FL 34112 2015 Tax Roll Inquiry System Print this pane I Print Tax Bill I New Search eBill Information �~ Sian uo for eBill for an electronic,paperless tax bill in 2016. Parcel ID 62090040005 '.. Location 11201 TAMIAMI TRL E NAPLES Date Receipt Amount Property Appraiser MAR Paid 11/12/2015 22522.09 '.. 5,063.22 Owner Information Legal Description Pay Terms Current Year Installment Payments 1080 CENTRAL LLC NAPLES MANOR ADD BLK 1 LOTS 1, November 5,063.22 0 0.00 0.00 145 CENTRAL AVE 2 AND NLY 48.5FT LOT 1 AND December 5,115.96 0 0.00 0.00 LOTS 11&12 OF NAPLES MANOR January 5,168.71 0 0.00 0.00 ANNEX BLK 1(PB 1 PG 110),AND February 5,221.45 0 0.00 0.00 Continued See Taxroll '.. March 5,274.19 Next year Installment Payments NAPLES,FL 34102-0000 April 0.00 0 0.00 0.00 May 0.00 0 0.00 0.00 Now Due 0.00 Values/Reductions/Exemptions Tax Information Market Value 444,678 Rate Assessed Exempt Taxable Tax Amount County 3.5938 444,678 0sul 444,678 1,598.08 Mill Code 108 Save Our Homes 0 School-State 3.2320 444,678 0 444,678 1,437.20 Escrow Code 0 10 Percent Cap 0 i School-Local 2.2480 444,678 I 0 444,678 999.64 TDA Number 0 Agriculture 0 y City 0.0000 0j 0 0 0.00 Item Number 0 Assessed Value 444,678 1 Dependent 0.9041 444,678 __-_ 0 _ _ 444,678 402.03 Acreage 2.44 Water Mgmnt 0.2888 444,678 0 --- 444,678 128.42 Homestead 0 i Independent 1.5940 444,678 j 0 444,678 708.82 Status Senior '0 Voter Apr Dbt 0.0000 0 0 0 0.00 Installment Widow 0 Millage Total 11.8607 Total Ad Valorem 5,274.19 Blind 0 I Partial Pay Non Ad Valorems Bankrupt Disabled 0 Number District Type Amount Deferred Veteran 0 /� Litigation Whole 0 Civilian 0 Gross Tax 5,274.19 '.. Taxable Value 444,678 PA Fee 0.00 Advertising 0.00 Certificate Information Previous Tax Years New Search r\ 2015 Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments If Paid By Nov 30, 2015 Dec 31, 2015 Jan 31, 2016 Feb 29, 2016 Mar 31, 2016 Please Pay 5,063.22 5,115.96 5,168.71 5,221.45 5,274.19 Parcel Number Legal Description Mill Code Escrow Code 62090040005 NAPLES MANOR ADD BLK 1 LOTS 1, 2 AND NLY 48.5FT LOT 3,AND 108 0 LOTS 11 & 12 OF NAPLES MANOR ANNEX BLK 1 (PB 1 PG 110),AND Pay in U.S. Funds Drawn on a U.S. Bank To: Collier County Tax Collector 1080 CENTRAL LLC 3291 E.Tamiami Tr. 145 CENTRAL AVE Naples, FL 34112-5758 NAPLES, FL 34102-0000 POST DATED CHECKS ARE NOT ACCEPTED AND WILL BE RETURNED Visit our website www.colliertax.com Market Value Authority Type Mill Rate Assessed Value Exempt Taxable Value Tax Amt Amount 444,678 County 3.5938 444,678 0 444,678 1,598.08 Exemption Amount School-State 3.2320 444,678 444,678 1,437.20 School-Local 2.2480 444,678 444,678 999.64 Dependent 0.9041 444,678 444,678 402.03 Water Mgmnt. 0.2888 444,678 444,678 128.42 Independent Spcl. 1.5940 444,678 444,678 708.82 Millage Total 11.8607 Total Ad Valorem 5,274.19 Non-Ad Valorem District Type of Assessment Amount Non-Ad Valorem Total 0.00 Combined Ad Valorem and Non-Ad Valorem Total 5,274.19 (Detach and Return with your Payment) 2015 Collier County Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments If Paid By Nov 30,2015 Dec 31, 2015 Jan 31, 2016 Feb 29, 2016 Mar 31, 2016 Please Pay 5,063.22 5,115.96 5,168.71 5,221.45 5,274.19 Parcel Number Mill Code Escrow Code 62090040005 108 Legal Description NAPLES MANOR ADD BLK 1 LOTS 1, 1080 CENTRAL LLC 2 AND NLY 48.5FT LOT 3,AND 145 CENTRAL AVE LOTS 11 &12 OF NAPLES MANOR NAPLES, FL 34102-0000 ANNEX BLK 1 (PB 1 PG 110),AND PAID- 11/12/2015 5,063.22 REC# 22522.09 -8 O DOm N 0 E Z*n co r �o mt ! 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Color: "Graphite" Facade/Wall Height Transition Elements[Section 5.05.08 D.3.c] Transitional element incorporated for minimum 60%of facade length DOORS/WINDOWS:Kawneer Dark Bronze Anodized Transitional massing elements to include wall plane recess of minimum GLASS:Viracon Crystal Gray-19 10-feet Facade Length: 220 LF Wall Recess: 132 LF(60%) Glazing: North Facade:7,421 SF wall area 1,469 SF glazing+256 SF planting trellis= 1,725 SF(23.2%) South Facade:7,421 SF wall area 1,261 SF glazing+256 planting trellis= 1,571 SF(20.4%) Building Facade Design Features CONCRETE ROOF TILE Building Facade:[Section 5.05.08 D.5.b] EAGLE BELAIR FLAT ROOF TILES -Peaked roof forms 4209 ARROWHEAD GREY -Tile roof material -Emphasized building base -Ornamental architectural features(shutters) Additional Design Features: -Awnings located over windows,minimum 40%of facade length 220 LF Facade, 107 LF Awning(48%) -Blank Wall Areas: [Section 5.05.08 D.6] Minimum 1/2-inch deep,1-1/2-inch wide reveals,spaced at maximum 10-feet vertical and 20-feet horizontal. BUILDING EXTERIOR: BUILDING ACCENT: Sherwin Williams Sherwin Williams SW 7008"Alabaster" SW 7005"Pure White" o N N @'p'� + 2 O N N N O M n_ 01 NL V N•= c10 X II d U Q V C O U } N .O N N c �'N O N N N w N t L N O a 00 C L O N N N L a, — O .� X .L.. O N O U 3 o.O1 /� p� CO CO O U i O O II .2 CU•I co y= 0 C co. c E@. C -c En o + N N O= C U U N 7 0 C f0 (O "6 p co N L L "O LLca r ED_e-. -0= N d W C'w > ._ 'O C 72 p N 3 CO O. N O @ V c Q` O co.c--- N O N lL in dap? O C a C N p V N x N�. LL M _� d co C Hil ! N c0 c II DI c 2-0 2 cu -0 mr- = »o.` 1.p N = 0 c U C U 11 N ' L m 0 Z '.,6= N N U) X .. O U C d O 7, LL O. O O CO c LI- M C y .X "O N Li_ II Q . `�I a (or. €g 9 g 3 N m (n N— N O y N N E,�O N 0• N o N p N O aO.it1U m ao a) N f`...,.. EN w .L.. U .>cC NU .c Z .-- N W N.L. .. '^ (/ I A R II i is o 0 ai v o 2 o • v i Z Z a v E m i v o o c f� o c a, N c .0 Z ii.‘ ce Z C "' E ,t3 L_,,�i c u O • , f I O o a, ll,L 3 1. J d' ,E it r ' k. ,. I J y c�' c o O lL 0 lL con LL LL c E=L L..- u_ co f co 0O p O m a c o CV Os - y v -o a N CNC c c a ›. a, a �, �� o m o c c I- 10',, y ifi f I ♦ �` . moi, C t, I J mi Q 111 6., se ,., . .. ...1 4 ' , 1144e, ,fi# i 1 1— li.,,,,,,,,, ..k , 4 : „.. ,,, . iii �� —� w .2 ..„. ,, ., ,* , Qc..A ,l, L o 00'b0'£uopaaS DG'I qI?es aauepaooae u? sueld Iaauia2euLN MINIM(?!! &AI apop maid c Id/Isi-I uopeiagan pagonlid aas •dds rspun11rj Jo saiaads AJ n mann pagquapi salaads Tumid,Cluo au £01'0'£uo! aS Dag u! Pali?luaP!Weld PoWI ap!noad (n Tare uugm alp ut paleool Si pond ata •ai?s uo saleagalaan pals!! ou punoj pond alp jo uopeu!uz xa japq V (tu'Z'd'£'Z0'01 DC11) Apn;S sa?aads pa3sl7 a3?lPI!M Aanans ap!noad (! salads Pais!1 'q •n?nan pa! -at,a pun olniod aft;su Lions sotioxa Aq palaedtur AI!nuag osje Si pored at(' •oiiautled pue quid gsejg 3o apum punldn Alaailua s! pared aq i •ails uo spunllaM p uonotpsun f ou seg ails ata -Aiaadoad sigi aoj papnjout uaaq suq Aaoivanu! uopupBan pun dew Spdpfna H SD4D111,4 Ile?aad luaaanD uo Ajpuapl (I spuellaM•e nieu leluatuuoainug(i7 asn lnuompuoD pue 5utuoZ and ao3 sluautaatnbajj (E •sioafoad ainnjena oI algeotidde palilutgns aq Hugs BuiMojloJ agy 'emu jnluautuoalnug I #ilgigxg se papnjaui aae Iu>rllnsuoD Inivautuonnug Jo suoileopllnnO ewa le;uauiuoainug jo uopeaedaad(z ls!ppagD alp u! suopsanb pun 00.80•£suoiioas y j'j ut sivautaatnbaa aad SV asodand (I e�Y,Q III3U1UOJIAU 100'80'£ See Attached Listed Species Study,No wildlife management plans should be required. C) Native Vegetation Preservation i) For Sites or Portions of Sites Cleared of Native Vegetation or in Agricultural Use: Not Applicable ii) Identify on a current aerial the acreage,location and community types of all upland and wetland habitats on the project site.... Location Maps/Aerials (LDC 10.02.3.A.2.m) Aerials and location maps have been provided. East Naples Self Storage CU consist of approximately 2.44 acres and is located in Section 29, Township 50, Range 26. This parcel is located along east US 41 (Tamiami Trail East). The property is located on the east side of US 41 just north of Martin Street and west of Floridian Ave. The subject parcel is bordered by a convenience store to the south, single family residences to the west and undeveloped lands to the north. The dominant forest type,on this project site consists of Slash pine with a midstory of cabbage palms and palmetto islands. The site has been affect by an altered hydrological regime. A drainage canal bisects the subject parcel. The ground cover consists of heavy leaf litter and a dense carpet of love vine. This habitat offers very limited habitat for any vertebrates. The canopy varies with exotics such as ear-leaf acacia and air potato. The site does have some recognition of a greater past. The exotics have severely impacted this parcel. See Attached Location Maps, Vegetation Maps/FLUCCS Maps Native Vegetation Calculation (LDC3.05.07.A.) 1.97 acres has been calculated as Native Habitat. That would equal to 0.20 acres of preserve based on a required preservation of 10%of Native vegetation preservation. Thus,a total of 0.20 acres is required for preservation, as Native Vegetation Requirement and 0.20 acres have been provided. Clearly identify the location of all preserves: The preserve area has been identified on the site plan. Created Preserves and Retained Preserves will meet the minimum width requirement as per LDC 3.05.07. H. 1 e. Retained preservation shall be selected based on criteria defined in LDC 3.05.07.A.3 Principle Structures shall be located a minimum of 25 feet from the boundary of the preserve iv) Where Off Site Preservation of Native Vegetation is proposed in lieu of On Site demonstrate that the criteria in Section 3.05.07 have been meet. The owner/developer is seeking to retain the ability to mitigate off-site. f. Off site vegetation retention i. a) Properties zoned commercial where the on—site preserve requirement is less than 2 acres in size. d)Preserves less than one acre in size. D) General and other environmental requirements • LIGATION MAPS n } F` S 43revs ''Bay:80 j Y hK�place, ft :T' Nis ' - a-{' q s ` '_ E t • t �- '. 9 N s1l n .. ,,,,,r2,.._4, p y ♦ O ` x , ; . • Nana i y �� ♦.,N, �„ C' �7.1, Z &?t4C „9 .. • •♦ i 'L,1 . 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LEGAL DESCRIPTION LOTS 1,2,AND THE NORTHERLY 48.5 FEET OF LOT 3, BLOCK ONE,NAPLES MANOR ADDITION, RECORDED IN PLAT BOOK 3, PAGES 67&68; AND A TRACT OF LAND BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK ONE OF SAID NAPLES MANOR ADDITION, THENCE S50°28'30"W, ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, 200 FEET, TO THE NORTHWEST CORNER THEREOF;THENCE N39°31'30"W, 40 FEET, TO THE SOUTHWEST CORNER OF LOT 12, BLOCK ONE, OF SAID NAPLES MANOR ANNEX; THENCE N50°28'30"E, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 12, 200 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE 539°31'30"E,40 FEET,TO THE POINT OF BEGINNING; AND LOTS 11& 12, BLOCK ONE,NAPLES MANOR ANNEX, RECORDED IN PLAT BOOK 1, PAGE 110; ALL SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, ALL RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SOILS k y ,er 5 '. ,, . ., �CC fro W C _ » ? k ,,440, . m ` N 1 °.=�Q0,,, a /z m n N 6 V » c 3 w er It • 1� • 0.. ; �", „� d cC e i K€ _ a_ bE " - tfi o ..t:i? 44 *, , -i. 4e--41* . 1 ' ' SI ' '. lk.". ''''' .'" - ¢c 0 <01 ' A'Pr "'9. o� w •," �`- 4 4-3' `5 y 'f •f w 3 { 3 0 it - ' ,. F t -- CD lID x w p .> %� r s ig �x ss ''''^'‘.s y o / 0NarD N � Em a m ° O W O a •• ° Wn CD a N NN _ ° N CD a ii w Cn N O (- L v' c‹.-(.4;>Z* t.J . ..+....w.s...u..wa.w.tw........lJDT.: . _—... timr I s...+.?T._U..'.' ':.. .... COLLIER COUNTY SOIL LEGEND REVISED 1/90 H. YAMATAKI HYDRIC H 2 HOLOPAW FS, LIMESTONE SUBSTRATUM H 3 MALABAR FS. H 4 CHOBEE, LIMESTONE SUBSTRATUM AND DANIA MUCKS DEPRESSIONAL H 6 RIVIERA, LIMESTONE SUBSTRATUM-COPELAND FS 7 IMMOKALEE FS 8 MYAKKA FS 10 OLDSMAR FS, LIMESTONE SUBSTRATUM 11 HALLANDALE FS H 14 PINEDA FS, LIMESTONE SUBSTRATUM 15 POMELLO FS 16 OLDSMAR FS H 17 BASINGER FS H 18 RIVIERA FS, LIMESTONE SUBSTRATUM 20 FT. DRUM AND MALABAR HIGH FS 21 BOCA FS H 22 CHOBEE, WINDER AND GATOR SOILS, DEPRESSIONAL H 23 HOLOPAW AND OKEELANTA SOILS DEPRESSIONAL H 25 BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS DEPRESSIONAL H 27 HOLOPAW FS H 28 PINEDA AND RIVIERA FS 29 WABASSO FS H 31 HILOLO LIMESTONE SUBSTRATUM, JUPITER AND MARGATE SOILS 32 URBAN LAND 33 URBAN LAND HOLOPAW BASINGER COMPLEX 34 URBAN LAND IMMOKALEE OLDSMAR LIMESTONE SUBSTRATUM COMPLEX 35 URBAN LAND AQUENTS COMPLEX ORGANIC SUBSTRATUM 36 UDORTHENTS SHAPED 37 TUSCAWILLA FS 38 URBAN LAND MATLACHA LIMESTONE SUBSTRATUM BOCA COMPLEX 39 SATELLITE FS H 40 DURBIN AND WULFERT MUCKS 41 URBAN LAND SATELLITE COMPLEX 42 CANAVERAL BEACHES ASSOCIATION H 43 WINDER, RIVIERA, LIMESTONE SUBSTRATUM AND CHOBEE SOILS DEPRESSIONAL 45 PAOLA FS (1-8 percent slopes) H 48 PENNSUCCO SOIL (marl prairie) H 49 HALLANDALE AND BOCA FS (slough) H. 50 OCHOPEE FSL, PRAIRIE (marl) H 51 OCHOPEE FSL H 52 KESSON MUCK FREQUENTLY FLOODED H 53 ESTERO AND PECKISH SOILS FREQUENTLY FLOODED H 54 JUPITER BOCA COMPLEX — H 56 BASINGER FS, OCCASIONALLY FLOODED LISTED SPECIES tTh n I Introduction/Purpose This report is an account of a Listed Species Survey recently performed on a 2.4 acre tract called East Naples Self Storage CU. Required to meet county review requirements its purpose is to identify and describe key habitats and report any listed species using the site that would be at risk due to possible future development actions on the site.This survey and report are based on fieldwork performed during July 2016 II Site Description East Naples Self Storage consist of approximately 2.4 acres and is located in Section 29, Township 50,Range 26. This parcel is located along east US 41 (Tamiami Trail East). The property is located on the east side of US 41 just north of Martin Street and west of Floridian Ave. The subject parcel is bordered by a convenience store to the south, single family residences to the west and undeveloped lands to the north. See-Location Map The dominant forest type,on this project site consists of Slash pine with a midstory of cabbage palms and palmetto islands. The site has been affect by an altered hydrological regime. A drainage canal bisects the subject parcel. The ground cover consists of heavy leaf litter and a dense carpet of love vine. This habitat offers very limited habitat for any vertebrates. In total the site consists of approximately 2.4 acres. The following is how the acreage figures breakdown. 1.43 acres Slash Pine 411 0.55 acres Palmetto 321 Total 2.4 acres Drainage Ditch 0.16 acres FPL easement 0.30 acres III Listed Species Survey The required survey for a Listed Species Survey calls for a survey covering 100%of the site,at prescribed transect distances per site acreage. Such a survey was conducted in September/October 2007 and again on July 2016. Established transects were oriented north- south and east-west and superimposed on an aerial map of the site. These transects were ground- located and walked by compass bearing. Early morning(0730- 1000 ),mid-day(1100 - 1500)and late-day (1500 - 1800)time periods were chosen to survey these transects. All possible species of plants and animals listed by state and federal agencies were noted. Concurrently,notes for FLUCCS mapping purposes were kept. IV Results& Discussions Listed Flora None found See FLUCCS Plant List Listed Fauna None found See Wildlife Species Observed Conclusions Focused searches were conducted over three days. Transects were walked on straight compass bearings along a grid spaced at approximately 10 yards apart for the entire parcel. Other transects were primarily meandering transects through areas of prime habitat.All transects were walked at varying times from post-dawn&mid-day to pre- sunset hours. This parcel is bordered by two paved roads and near single family homes. The subject parcel is located in the urban area. The heavy traffic patterns, foot tracks and associate noise have a limiting factor on this parcel as suitable habitat. The parcel is also near a convenience store. Trash from vagrants can be readily seen. In addition, during this survey the temperature was extremely hot. Surveys were limited to early morning or late evening when it seems that activity at the convenience store was at its peak. The lack of sufficient hydrology has led to a dense ground cover of vines, exotics and a dense carpet of leaf litter. The primary vertebrates encountered were a few birds. As previously stated in the prior report,the drainage ditch can provide some foraging to wading birds. Gambusia spp. could be seen swimming. During low water conditions these minnows could provide food for wading birds. Our survey has found no listed vertebrate species on this site. Threatened,Endangered and Species of Special Concern Species Present Absent Black bear x Florida panther x Everglades mink x Big Cypress Fox squirrel x Indigo snake x American alligator x Gopher tortoise x Gopher Frog x Southeastern American kestrel x Red-Cockaded woodpecker x Florida Scrub Jay x Wood stork x Snail kite x Bald eagle x Limpkin x osprey x White ibis x Tricolored heron x snowy egret x Reddish egret x Little blue heron x r-� x m irt Z♦ 0 �- Z 0 T QN U fij O ...., , , ,,, ,,, .„,. m 3 2 U V7 05 -oO m m a O v) mUa I,,, *-7 �w 6 o sit' to $' , .. o' _ -'n c' ` 4e/ ry a "I.' '''. * te ! 4„,,,, , ..oto‘„ - ,t" '4 .t ' ;07 4 ; ' _,„ ,,i- cn 7, 4\*>#7" t... E z ,. t 70, , _. , ,,, , ?',.,:u.' :Alt.*:‘,. , ' 2 § t",(44' ' 14' 4jilt r*4,f,•-• 1''' " " - o # t S• C p N �, - 11 t o-g rq ' E * - ' '' ' *ft o is IN dezn a i k f m Or ,... .X;t4' Pitt ti...4.;,, . . i A!. ,Y 0 0- Ant ; . * gi t - fiti*.: Q *14 ' O M 4 J * 1 Ne , '741V"'" E r , ' ,firs, * in---;_ir..., sito � 7h ` mO\ o �LLo ' o .--i M N .-o1 No W ^ .-1 „... O M4.al lit ,,. OC ,r i , ...... ;,,,,, ....... , _... . , ,,,.. ,. O O of N Cr 01 0, lD O �� , ..„ . _ J -- -- \ v. , gel U n O O a tD M w Q 00000 .-1• O O N s- ° N 00 ut VI O V1 O aCC ! '.: ' tD 00 r O O N O N O CP 0 o0 O N a1 O N N Wr' i LL N N 01 O Ln n M lD1. E.. cn m .1 m 00 O P y � .- w,, d J LL CP M M M m iy- . { . d y < �. : O J � � Z Q o 3 Q .-i N M LI-1 0 tD N F- O _„...• m O 1-1 Q = N .„.--- v:.,,,- , ar• tel! g ...._ - -.,_--,j:-.,:,,,,.!,...' ''-'”- 4 i i hr,' 4r.- w • J r �+• ;a c � y Nv 1g illfi _,4,, ' 16;$(.:k , . . rs., .. . . f ' 3 t°+ • �- 4ciiiiiiik .., "' . :W. , - ,e,, .. ,4,0„,,,, .,..„ 1.'„ \ - .; ,_.„, ''.:',..7.--•7 - " ' ... - 1 " FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) TOTAL SITE - 2.4 acres Common Name Scientific Name Indicator Status 321 Palmetto 0.55 acres This upland habitat is dominated with palmetto and a few exotics. The following species were identified in this habitat. Slash pine Pinus elliotti FACW Cp,C palmetto Serona repens FACU G,D gallberry Ilex glabra FACW M,C wax myrtle Myrica cerifera FAC+ M,O Cabbage palm Sabal palmetto FAC Cp,O Ear leaf acacia Acacia auriculiformis Exotic M,O Brazilian pepper Schinus terebinthifolius Exotic M,O Beauty bush Callicarpa americana UPL M,O 411 Pine Flatwoods 1.43 acres This area is vegetated with a Slash pine canopy and a palmetto groundcover. The area does have a few exotics such as Ear leaf acacia and Brazilian pepper. The level of exotics present is moderate. The ground cover consists of heavy leaf litter and love vine. Slash pine Pinus elliotti FACW Cp,C Cabbage palm Sabal palmetto FAC M,C palmetto Serona repens FACU G,D Laurel oak Quercus laurifolia FACW Cp,O Melaleuca Melaleuca quinquenervia Exotic Cp,O Beauty bush Callicarpa aericana UPL M,O Brazilian pepper Schinus terebinthifolius Exotic M,O Winged Sumac Rhus copallina UPL M,O gallberry Ilex glabra FACW M,C Downy rosemyrlte Rhodomyrtus tomentosus Exotic G,O wax myrtle Myrica cerifera FAC+ M,O Broom sedge Andropogon virginicus FAC- G,O Blue Maidencane Amphicarpum muhlenbergianum FACW G,C beak rush Rhynchospora microcarpa FACW+ G,O yellow-eyed grass Xyris elliottii OBL G,O Marsh Pink Sabatia grandiflora FACW G,O java plum Syzygium cumini Exotic Cp,C Whitehead broom Spermacoce verticillata FAC G,C Air potato Dioscorea bulbifera Exotic M. C earleaf acacia Acacia auriculiformis Exotic Cp,M,C Bahiagrass Paspalum notatum FACU G,D Ear leaf acacia Acacia auriculiformis Exotic M,O Wedelia Wedelia trilobata Nuisance G,C Day flower Commelina diffusa FACW G, C umbrella sedge Cyperus ligularis FACW G,O sawgrass Cladium jamaicense OBL G,C Love vine Cassytha filiformis FAC- G,C Virginia creeper Ampelopsis quinquefolia FAC G.O Cat-briar Smilax spp. FAC G,O Poison ivy Toxicodendron radicans FAC G,O Grape vine Vitis rotundifolia FAC G.O Button Bush C'ephalanthus occidentalis OBL G,M,O golden polypody Phlebodium aureum Epiphytic Ditch 0.16 acres A drainage ditch bisects the subject parcel. FPL Easement 0.31 acres This easement runs parallel to the subject parcel. ABREVIATIONS— Canopy(Cp), Midstory (M), Ground Cover(G) Dominant(D),Common(C),Occasional(0) INDICATOR STATUS- Obligate(OBL), Facultative wet plants (FACW), Facultative plants(FAC), Upland (UPL) r WILDLIFE SPECIES OBSERVED Common Name Species Status Amphibian & Reptiles: Brown anole Anolis sagrei Birds Bluejay Cyanocitta cristata Dove-mourning Zenaida macroura mockingbird Mimus polyglottos Vultue, Black Coragyps atratus Crow,american Corvus brachyrhynchos Cardinal Richmondena cardinalis Mammals: Nine-banded armadillo Dasypus novemcinctu Print Bald Eagle Nest Data Page 1 of 3 Print Preview Data to print Data range Nest history • Data Table and Map • All Search Results • Yes Print Data Table Only Current Page Only No This report was generated using the bald eagle nest locator at https://public.myfwc.com/FWRI/EagleNests/nestiocator.aspx on 7/6/2016 8:01:54 PM. Search Entered: ; All Search Results 52 record(s) were found; 52 record(s) are shown Bald Eagle Nest Map: 90! -..ug'sta0vd v&Ii� 5‘;,',drervs s o£ ay Dixie Dr C: r N 9`P ataee d °% ce 0 11' m //:- h Cis t o v d6t baa P * t *--- (' 1 Go 9le 1 Mamjata©2016 Google Note: Maps are not labeled for searches returning 35 or more nests. Bald Eagle Nest Data Search Results: Results per page: ' All Last Last Nest Town- Ran- Sec- Gaz Act Act Act Act Act ---.. ID County Latitude Longitude Known Sur- ship ge tion Page 10 11 12 13 14 Active veyed https://public.myfwc.com/FWRI/EagleNests/PrintData.aspx 7/6/2016 Print Bald Eagle Nest Data Page 2 of 3 C0001 Collier 26 17.36 81 48.33 I 485 J 25E I 16 111 2014 2014 I Y * * Y Y C0003 Collier 26 03.05 81 44.48 51S 26E 06 111 2013 2013 Y * * Y * C0004 Collier 26 00.78 81 42.64 51S 26E 21 111 2010 2013 Y * * N * C0005 Collier 25 56.56 81 42.64 52S 26E 16 110 2010 2010 Y * * * * C0006 Collier 25 59.30 81 32.58 51S 28E 31 110 2003 2013 - * * * C0007 Collier 26 25.66 81 30.94 46S 28E 33 111 2013 2013 Y * * Y * C0008 Collier 25 56.83 81 42.82 52S 26E 09 110 2007 2010 N * * * * C0009 Collier 26 05.90 81 46.75 50S 25E 23 111 2013 2013 Y * * Y * C0010 Collier 26 05.00 81 45.00 50S 25E 25 111 1980 2013 - * * - * CO011 Collier 25 59.63 81 35.33 51S 27E 27 110 2010 2013 Y * * N * C0012 Collier 25 51.65 81 15.61 535 31E 18 116 2013 2013 Y * * Y * C0013 Collier 26 00.48 81 38.74 51S 27E 19 111 2013 2013 Y * * Y * C0014 Collier 26 10.61 8148.51 49S 25E 28 111 2006 2010 - * * * * C0015 Collier 26 08.86 81 38.47 50S 27E 06 111 2008 2013 N * * - * C0016 Collier 25 56.77 81 28.18 52S 28E 13 116 2013 2013 Y * * Y C0017 Collier 25 56.12 81 25.03 52S 29E 16 116 2013 2013 Y * * Y * C0019 Collier 26 17.99 81 49.39 48S 25E 17 111 2010 2010 Y * * * * C0020 Collier 26 19.01 8149.64 485 25E 05 111 2008 2014 - * N U N C0021 Collier 26 25.03 81 22.46 47S 29E 01 112 1999 2013 - * * - * C0022 Collier 25 51.03 81 23.38 53S 29E 14 116 2004 2010 - * * * C0023 Collier 26 09.08 81 44.82 50S 26E 06 111 2010 2010 Y * * * C0024 Collier 26 05.86 81 44.91 50S 26E 19 111 2013 2013 Y * * Y * C0025 Collier 26 20.53 81 20.40 47S 30E 32 112 2013 2013 Y * * Y * C0026 Collier 26 14.27 81 47.41 49S 25E 03 111 2010 2010 Y * * * * C0027 Collier 26 09.13 81 46.85 SOS 25E 02 111 2014 2014 N * * Y Y C0028 Collier 26 04.58 81 45.57 505 25E 36 111 2014 2014 Y * * Y Y C0029 Collier 25 57.16 81 44.13 525 26E 07 110 2010 2013 Y * * U C0030 Collier 26 26.33 81 29.48 46S 28E 35 112 2013 2013 Y * * Y C0031 Collier 26 15.60 8140.22 48S 26E 25 111 2013 2013 Y * * Y * C0032 Collier 26 25.33 81 33.77 47S 27E 60 111 2007 2013 - * * - * C0034 Collier 26 26.21 81 22.57 46S 29E 36 112 2013 2013 Y * * Y * C0035 Collier 26 03.82 81 45.47 515 25E 1 01 111 2013 2013 Y * * Y * C0036 Collier 26 16.73 81 48.45 48S 25E 21 111 2013 2013 Y * * Y * C0037 Collier 26 02.13 81 38.57 51S 27E 07 111 2013 2013 Y * * Y * C0038 Collier 26 22.15 81 36.40 47S 27E 22 111 2010 2013 Y * * - * C0039 Collier 25 53.11 81 42.35 52S 26E 33 110 2013 2013 Y * * Y * C0040 Collier 26 07.42 81 45.40 50S 25E 13 111 2010 2010 Y * * * * C0041 Collier 26 01.00 81 44.19 51S 26E 20 111 2013 2013 Y * * Y * C0042 Collier 25 58.34 81 32.48 52S 28E 06 110 2010 2013 Y * * - * C0043 Collier 26 15.64 81 46.66 485 25E 26 111 2013 2013 * Y * Y * C0044 Collier 25 54.19 81 20.40 525 30E 32 116 2013 2013 * Y * Y * C0045 Collier 26 18.03 81 32.07 485 28E 17 111 2013 2013 * * Y Y * C0046 Collier 26 05.38 81 47.76 50S 25E 27 111 2013 2013 - * * Y * C0047 Collier 26 17.42 8147.40 485 25E 15 111 2013 2013 - * * Y * C0048 Collier 26 10.78 80 54.54 495 34E . 35 113 2013 2013 - * * Y C0049 Collier 26 16.87 81 44.97 48S 26E 19 111 2013 2013 - * * Y * C0050 Collier 26 07.76 81 48.21 505 25E 09 111 2014 2014 - Y Y Y Y https://public.myfwc.com/FWRI/EagleNests/PrintData.aspx 7/6/2016 Print Bald Eagle Nest Data Page 3 of 3 C0051 Collier 26 10.29 8147.19 49S 25E 27 111 2014 2014 * * * * Y C0052 Collier 26 12.26 8146.89 49S 25E 14 111 2014 2014 * * * * Y C0053 Collier 26 12.54 8148.60 49S 25E 16 111 2014 2014 * * * * Y C0054 Collier 26 10.76 8144.88 49S 26E 30 111 2014 2014 * * * * Y C0055 Collier 26 00.82 81 39.92 51S 26E 24 111 2014 2014 * * * * Y "Y"denotes an active nest "U"denotes a nest that was visited but status was undetermined "N"denotes an inactive nest "*"denotes a nest that was not surveyed "-"denotes an unobserved nest https://public.myfwc.com/FWRI/EagleNests/PrintData.aspx 7/6/2016 ENVIRONMENTAL QUALIFICATIONS RESUME Marco A. Espinar Bilingual: English & Spanish 3880 Estey Avenue Office: 239-263-2687 Naples, Fl 34104 Home 239-263-2747 EDUCATION Cardinal Mooney High School Diploma 1980 Sarasota, Florida Manatee Junior College AA Degree 1982 Bradenton, Florida Biology University o f South Florida BS Degree 1990 Tampa, Florida Biology Completed USF Cooperative Education Program April 1988 USF Undergraduate Research -USF 1985 Apalachicola Archaeological Expedition &Research -Lab Coordinator o f Fauna Identification from Archeological Sites - Studies of Seagrass Beds (Thalassia testudinum) in Upper Tampa Bay, Florida - Growth Rates o f Marine Algae ( Gracilaria tikvahiae, G verrucasq G deblis ) Port Manatee, Florida EMPLOYMENT HISTORY & EXPERIENCE Collier Environmental Consultants Inc. Owner&Environmental Planning I Naples, Florida 2/96 -Present Biologist Environmental Permitting, Planning Exotic Plant Removal /Poisoning Vegetation Inventory Mitigation Plantings Mitigation& Monitoring Plans Jurisdictional Detennination Threatened and Endangered Species Survey Environmental Impact Statements Licensed Agent Gopher Tortoise Permitting, Red Cockaded Woodpecker Survey Testing, Relocation UMAM Analysis BP- Natural Resource Advisor - Deepwater Horizon MS Canyon 252 Oil Spill Gulfport, Mississippi -Dauphin Island, Alabama - Pensacola, Florida Turrell &Associates, Inc. Senior Environmental Planner Naples, Florida 2/94 - 12/95 Environmental Permitting, Planning Supervision of Staff Threatened and Endangered Species Survey Review Staff Reports Environmental Impact Statements South Florida Water Management District Environmental Analyst Fort Myers, Florida 2/93 - 8/93 Dredge &Fill Permit Review Surface Water Permit Review Collier County Government, Development Services Environmental Specialist II Naples, Florida 10/90 - 2/93 Site Development Plan Compliance Landscape Inspections Planned Unit Development Compliance Environmental Enforcement Site Drainage Inspections Southwest Florida Water Management District Field Services Technician Tampa, Florida 9/87 - 10/90 As-Built Inspections of Storm Water System -Engineering, Survey Surface and Ground Water Permit Compliance Well Construction &Abandonment Inspections Southwest Florida Water Management District (CO-OP) Environmental Scientists 1 Brooksville, Florida 1/86 - 9/87 Wetland Vegetation Studies At Major Well Fields Water Quality Sampling &Testing PROFESSIONAL ASSOCIATIONS Southwest Florida Association o f Environmental Professionals, Member Elected to First Governing Board and served 2 terms, served on Bylaws Committee Appointed by the Board of County Commissioners and Served on the Collier County Environmental Advisory Board Appointed by the Board o f County Commissioners and Currently Serving on the Development Services Advisory Committee Currently Serving on the Land Development Code Sub-Committee Appointed by the Board of County Commissioners and Served on Conservation Collier Land Acquisition Advisory Committee 6 years Served as Chairm an o f the Conservation Collier Lands Evaluation and Management Sub- committee, Award for Ten (10) years of my Voluntary Service to Collier County By the Board of County Commissioners Awarded Outstanding Advisory Member Award- February 2009 by Collier County Board o f Comity Commissioners Gopher Tortoise Management and Mitigation Professional Training Program Successful Completion 9/01 REFERENCES UPON REQUEST TRANSPORTATION - milk CONSULTANTS, INC. TRAFFIC IMPACT STATEMENT FOR EAST NAPLES SELF STORAGE CU PL2016-0001380 (PROJ ECT NO. 1606.06) PREPARED BY: TR Transportation Consultants, Inc. 2726 Oak Ridge Court, Suite 503 Fort Myers, Florida 33901 239-278-3090 Revised: November 2, 2016 T1TRANSPORTATION CONSULTANTS, INC. CONTENTS I. INTRODUCTION II. EXISTING CONDITIONS III. PROPOSED DEVELOPMENT IV. TRIP GENERATION V. TRIP DISTRIBUTION VI. FUTURE TRAFFIC CONDITIONS VII. PROJECTED CONCURRENCY AND IMPROVEMENTS VIII. CONCLUSION TRANSPORTATION CONSULTANTS, INC. I. INTRODUCTION TR Transportation Consultants, Inc. has conducted a traffic impact statement for the Pp proposed submittal of the East Naples Self Storage CU site located on the north side of U.S. 41 between its intersections with Martin Street and Entrance Street in Collier County, Florida. The applicant is applying for a Conditional Use permit to allow for the future development plan approval of the self storage use on the subject site. This report has been completed in compliance with the guidelines established by the Collier County Transportation Planning Division. The site location is illustrated on Figure 1. The proposed East Naples Self Storage CU development is a proposed mini-warehouse use within Collier County that will consist of a total of 98,000 square feet of self storage/mini-warehouse floor area. Access to the site will be provided to Tamiami Trail .-. East (U.S. 41). No access is permitted from this site to Floridian Avenue due to deed restrictions on the property. This report examines the impact of the development on the surrounding roadways. Trip generation and assignments to the site access driveways will be completed and analysis conducted to determine the impacts of the development on the surrounding intersections. H. EXISTING CONDITIONS The subject parcel is currently vacant. The site is bordered to the northeast by Floridan Avenue. An existing convenience market borders the subject site to the southeast. The site is bordered on the southwest by U.S. 41. Vacant land borders the subject site to the northwest. Access to the proposed East Naples Self Storage CU development is shown to U.S. 41 via a right in/right out driveway. Page 1 /, ( .nal it .. J I ''�!,'1.t �". •it- . :,, • E �it ' N I HOU, NAPLES ` �1�1 . . SOUTH , iFigr6= ..4 � W \ i E a PLAZA ��= �° a, ►.1i' 'I!I',, Hibiscus ,�y „- ,; _Cir � '�!. = Golf Club 1e Nap, Li is 140. ill". _ D � yf 4 ; N1 LELY .. ,, : ' �. �"•. ,`• 20 GULF ESTATES 1 Y �r ��' D'' y �jc. ‘.%‘ 4hibiL. Royal Palm • s' © Country © n• mac:,, Club — Ne .v.s,0+8, :141bi' Pt st. ' t 1174 i pp wT• NAPLESWa` a ii Win+• �ti E --(V- ' 1 woi...*Ipppr my -kiddie:Lk c. livrevir., st , co , ,CD CI LL \ .jd` r.> �r S 0 3 �, Rain In t ■avnT. OV K•. PROJECT SITE•_ 40 Naples 4 �, Manor IlMvrtie Ln \\'‘\, '�`y $ + �� , til .. IV -r TRAIL ACRES �, sr Is r .46 A ' •�f r Santa1►'• . 31 ,,, TITRANSPORTATION PROJECT LOCATION MAP CONSULTANTS,INC. TAMIAMI TRAIL EAST SELF STORAGE Figure 1 TRANSPORTATION CONSULTANTS, INC. U.S. 41 is a six-lane arterial roadway along the southern boundary of the subject site. The minimum Level of Service (LOS) Standard for this roadway adjacent to the subject site is LOS "E". The proposed development will access U.S. 41 via a right-in/right-out access driveway proposed as a part of this development. U.S. 41 has a posted speed limit of 55 mph and is under the jurisdiction of the Florida Department of Transportation(FDOT). III. PROPOSED DEVELOPMENT The Developer is proposing to construct a maximum of 98,000 square feet of mini- warehouse floor area on the subject site. Table 1 summarizes the mini-warehouse use proposed on the subject site as a part of the proposed development. Access to the proposed development is shown via a single right-in/right-out access to U.S. 41. Table 1 East Naples Self Storage CU Land Use Land Use Size Mini-Warehouse 98,000 square feet (LUC 151) IV. TRIP GENERATION The trip generation for the proposed development was determined by referencing the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 9th Edition. Land Use Code 151 (Mini-Warehouse) was utilized. The trip generation was calculated based on the square footage of the site and not the number of employees. The equations for this land use are contained in the Appendix of this report for reference. Table 2 outlines the anticipated weekday A.M. peak hour, P.M. peak hour and daily trip generation of the proposed development. Page 3 T1TRANSPORTATION CONSULTANTS, INC. ^. Table 2 Trip Generation East Naples Self Stora a CU Land Use Weekday A.M. Peak Hour Weekday P.M.Peak Hour Daily In Out Total In I Out Total (2-way) Mini-Warehouse 8 6 14 13 13 26 245 (98,000 sq.ft.) V. TRIP DISTRIBUTION The trips shown in Table 2 were then assigned to the surrounding roadway system based on the anticipated routes the drivers will utilize to approach the site. The resultant traffic distribution is indicated in Figure 2. Based on the traffic distribution indicated within Figure 2, the development traffic was distributed to the site access driveway serving the proposed development. Figure 3 indicates the site traffic assignment to the proposed right-in/right-out access driveway to U.S. 41 for the proposed development. VI. FUTURE TRAFFIC CONDITIONS In order to determine which roadway segments surrounding the site will be significantly impacted, Table 1A, contained in the Appendix, was created. This table indicates which roadway links will accommodate an amount of project traffic greater than the 2%-2%-3% Significance Test. By the use of Trip Generation Manual, 9th Edition and results obtained from Table IA, it was concluded that the proposed development will have no significant impact on roadway segments. Therefore, concurrency link analysis was required only on U.S. 41 adjacent to the subject site. In addition to the significant impact criteria, Table I A also includes the concurrency analysis on the Collier County Roadway network. The current remaining capacity and Level of Service Standard for roadway segment analyzed was obtained by factoring the most recent traffic data from the Collier County 2015 Annual Update and Inventory Report (AU IR). This report had traffic data collected on U.S 41, north of Entrance Street Page 4 N A ��4, W �� E - 5 qs�� S ,,,o.‘,\ - N.T.S. 'Aic. 5 v,, y-LF GP\,.- AGF -sq' 5� A co �� Y,o / \ TKO' K \ �' 0 �o� \ \ GP 0 0 - 1 \ > •#<(' \\P 5 �5 O� 660 -- LEGEND 411-20%+ PERCENT DISTRIBUTION TRANSPORTATION PROJECT TRAFFIC DISTRIBUTION CONSULTANTS,INC. TAMIAMI TRAIL EAST SELF STORAGE Figure 2 iN \.' 'C's W E � S N\A P' N.T.S. �O'A/ 6<CL v II, G"9 AGF - Cl• OS N.4. NZ <ti f; R01 5 X J 5�� \ co `31 �O) v 0 ' C_,P' 0 R��/ `� \ > Q4- co e 5 �5 O� ( , v4 v 5'111 J LEGEND l 411- 000 WEEKDAY AM PEAK HOUR TRAFFIC "� 4—(000) WEEKDAY PM PEAK HOUR TRAFFIC -hTRANSPORTATION SITE TRAFFIC ASSIGNMENT CONSULTANTS,INC. TAMIAMI TRAIL EAST SELF STORAGE Figure 3 TRANSPORTATION CONSULTANTS, INC. and south of Martin Street. Furthermore, in order to estimate the projected 2020 background traffic volumes, the existing 2015 peak hour peak direction traffic volumes were adjusted by the appropriate growth rate. The annual growth rate was calculated based on the 2015 Collier County Average Daily Traffic Report, and an example of the annual growth rate calculation is shown in the Appendix of this report for reference. It is important to note that actual growth rate was determined to be a negative value. Therefore in order to complete the rest of analysis, it was assumed that the minimum annual growth rate was two percent(2%) per year, compounded annually. In order to complete the consistency analysis, the 2020 projected traffic volume was subtracted from the Level of Service Standard in order to determine the remaining capacity on U.S. 41 in 2020. The project traffic was then subtracted from the remaining capacity during the AM and PM peak hours in order to determine whether there will be sufficient capacity along U.S. 41 after the addition of the project related traffic in the year 2020. VII. PROJECTED CONCURRENCY AND IMPROVEMENTS Based upon the information contained within Table 1A, U.S. 41 is shown to function acceptably in the year 2020 after the addition of the traffic associated with the East Naples Self Storage CU development to the surrounding roadway network. Figure 4 indicates the capacity conditions on the County Roadway Network adjacent to the subject site based upon the existing conditions as well as after the addition of the proposed development traffic. Based on the information contained within Figure 4, there will be sufficient capacity available along U.S. 41 to accommodate the East Naples Self Storage CU development related traffic. Therefore, no roadway link improvements will be required as a result of the proposed development. Page 7 IN ��& W —.Iv 41.--- E CL S N.T.S. lOi `'•Sq- 1/ AN0- C. Oma' NZN 495 '<e-\--<,C 'S (491) (491) # •<-' •\R- (488] 5 tic 0.2% �0\' 5 /\ < \ �� \ \ P ,c0� Co o G 0 ciD 495 \ > ql-// � ,,---N(487) '� [482] \ / • \�S 0.4% \/ \A\P' 5 �5 O� ,�,P� 495 (491) [488] 0.2% LEGEND 000 2018 PROJECTED REMAINING CAPACITY (000) 2018 REMAINING CAPACITY AFTER AM PROJECT TRAFFIC [000] 2018 REMAINING CAPACITY AFTER PM PROJECT TRAFFIC '"`. 0.0% PROJECT IMPACT PERCENTAGE T1TRANSPORTATION 2020 CONSISTENCY ANALYSIS RESULTS Figure 4 CONSULTANTS,INC. TAMIAMI TRAIL EAST SELF STORAGE REVISED 11-2-16 TRANSPORTATION CONSULTANTS, INC. A turn lane analysis will be conducted when the site plan approval application is completed and when a driveway permit is being sought from the Florida Department of Transportation. Based on FDOT turn lane criteria as outlined in the FDOT Driveway Information Guide, a separate right turn lane will not be warranted at the proposed site access drive location. VIII. CONCLUSION The proposed East Naples Self Storage CU development located on the north side of U.S. 41 between its intersections with Entrance Street and Martin Street within Collier County, Florida meets Collier County Concurrency requirements. The surrounding roadway network was analyzed based on the most recent Collier County Concurrency Management System. The traffic impacts of the proposed development were reviewed based on the most recent TIS guidelines established by Collier County. Based on these guidelines, U.S. 41 is shown to function acceptably in the year 2020 after the addition of the proposed East Naples Self Storage CU development traffic. Therefore, no roadway link improvements are required as a result of the proposed development. Based on FDOT criteria, no additional turn lanes will be required for the East Naples Self Storage CU development. In closing, the proposed development of the East Naples Self Storage CU development is shown to satisfy the Collier County Growth Management Plan requirements indicated within the Transportation Element. Therefore, the development of the proposed mini- warehouse use will not adversely impact the surrounding roadway network. K.2016 06 June 06 SeliStorage-US 41 Collier 11-2-2016 TIS Report doe ice\ Page 9 APPENDIX METHODOLOGY MEETING NOTES APPENDIX A -� INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date: via e-mail Time: N/A Location: via e-mail People Attending: Name, Organization, and Telephone Numbers 1)Ted Treesh,TR Transportation Consultants, Inc., (239) 278-3090 2) Stephen Baluch, Collier County Transportation, (239) 252-2361 3) Chad Sweet, Collier County Transportation (239) 252-2491 4) 5) Study Preparer: Preparer's Name and Title: Ted Treesh,President Organization: TR Transportation Consultants, Inc. Address &Telephone Number: (239) 278-3090 2726 Oak Ridge Court, Suite 503 Fort Myers, FL 33901 Reviewer(s): Reviewer's Name &Title: Chad Sweet, Site Plan Reviewer,Transportation Collier County Transportation Planning Department Reviewer's Name &Title: Organization &Telephone Number: Applicant: Applicant's Name: Michael Fernandez Address: 145 Central Ave. Naples, FL 34102 Telephone Number: 239-263-6934 Proposed Development: Name: Self Storage Facility- Indoor Location: 11201 Tamiami Trail E. (Parcel No. 62090040005) on the north side of Tamiami Trail between Martin St. and Entrance Street Land Use Type: Self Storage ITE Code#: LUC 151 —Mini-Warehouse Proposed number of development units: 96,019 sq. ft. in three store building Other: n/a Description: Site Development Plan(SDP) PL20160001380 Existing: Comprehensive plan recommendation: N/A Requested: N/A Findings of the Preliminary Study: Project is anticipated to generate less than 50 net new trips. See the attached trip generation table. Study Type: Small Scale TIS ® Minor TIS ❑ Major TIS ❑ Study Area: Boundaries: Tamiami Trail East from Rattlesnake Hammock to Triangle Blvd. (Link #93.0)based upon the Collier County 2%-2%-3% Significant Impact Criteria Additional intersections to be analyzed: None Horizon Year(s): 2018 Analysis Time Period(s): A.M. and P.M. Peak Hour �-. Future Off-Site Developments: None • Source of Trip Generation Rates: ITE Trip Generation 9th Edition Reductions in Trip Generation Rates: None: Pass-by trips: None Internal trips (PUD): No discounts taken Transmit use: n/a Other: n/a Horizon Year Roadway Network Improvements: None Methodology& Assumptions: Non-site traffic estimates: 2015 AUIR Site-trip generation: ITE Trip Generation 9th Edition LUC 151 (Mini-Warehouse) Trip distribution method: Based on previous TIS prepared for site in 2006. 50% to/from the east on Tamiami Trail and 50%to/from the west on Tamiami Trail. Traffic assignment method: By Hand Traffic growth rate: From comparisons of the 2008 & 2015 AUIR's Special Features: (from preliminary study or prior experience) Accidents locations: n/a Sight distance: n/a/ Queuing: n/a Access location & configuration: Access to Tamiami Trail (right-in/right-out) to be permitted by FDOT Traffic control: n/a Signal system location &progression needs: n/a On-site parking needs: n/a Data Sources: ITE Trip Generation Report, 9th Edition Base maps: n/a Prior study reports: n/a Review process: n/a Requirements: n/a Miscellaneous: n/a SIGNATURES Study Preparer Reviewers Applicant TABLE 1A la laz [ 2 ` al u w 2 a u § t - § 9 9 § a 2 ) § � ■ a 5 \ ; c1 ILI ial\ § § ul Ln , , ) E ■ § fg 3 < F R P. k2 \ la z NzZ N N N Cn © [ co>- \ < § § \ ) \ � « o U Ce 2 ILI § U. = ; $ $ z k k k g q q I- C) z - 0. al C } < @ g 2 4 Ca § 0 _ w « 1 k UJ B § o 2 K K K � K 0 I— {wa 0. ) k ]\ © U E E w k $ ° c, 2 < & ' & ! lz a. a. 2 u II 12 00 ) ■ ) R R ! N as " co! A 0100 o | 0 ) d ■ Q a : ; ; ; ak q > O. ® | ! m 2 0 0 TT 05 ` i ! 0 0 ft3 2 7 k "5 -6 k ' �, & fr ■ } ! w z I I § 2 § i » / ,- ¢ • R ) 0 % f"\ ANNUAL GROWTH RATE CALCULATION } ANNUAL GROWTH RATE CALCULATIONS ,e—\ 2015 ANNUAL BASE YR TRAFFIC YRS OF GROWTH ROADWAY SEGMENT TRAFFIC VOLUME GROWTH RATE' U.S.41 N.of Entrance Street 2118 1910 7 -1.47% Project Frontage 2118 1910 7 -1.47% S.of Martin Street 2118 1910 7 -1.47% For roadways with negative growth rates,an annual growth rate of 2.O%was assumed. 'All traffic volumes were taken from the 2008&2015 Annual Update Inventory Report(AUIR). SAMPLE GROWTH RATE CALCULATION 2015 ADT "(t IYrs of Growth) Annual Growth Rate(AGR)_ -1 Base Year ADT 1910 ^(1/1) AGR(US 41)_ -1 2118 AGR(US 41)= -1.47% 2015 AUIR DATA ,E. 461t ! v =y^ 6 Ly ▪ 07 :,x229v vmw avv'. M.....vvSC.f1107 my vcommm'Ssxvvm'n:i=nvmb a 9mC>C C.C.,vv-.v vv,,2390707079209 “°O“4 °til. °e b g P7 en'3 L :4 o 4 “4 J g \ g 9j. ;J gJ pJ“ ems Sa 9i N-• 4 Y r -f T J 7 m.. r J J e m.1 ?m N v r T eOn--ry r r m OT n. n ry r T - 8 is IT^ i i i2n J J J T d N T N m m . J �O m �I Q Y . i y ??R'r n as m P J - - T n O J O m P O O ti O n=m'.C '- P A Z.., O m 3 -.i -Z Y '�,3 F,0 O T i e T a a o n o o n $ J o Ea v •� acary - TJ o-n_ov.,.. 0-. y-- oPmma a o r�O 0 3gry a .. ., TN -o- TRIP GENERATION EQUATIONS TRIP GENERATION EQUATIONS SELF STORAGE ITE TRIP GENERATION REPORT, 9th EDITION Land Use Weekday AM Peak Hour Weekday PM Peak Hour Weekday Mini-Warehouse T=0.14(X) T=0.26(X) T=2.50(X) (LUC 151) 55%entering/45%exiting 50%entering/exiting T=Trips, X= 1,000's of sq. ft.of Gross Floor Area Simply Self Storage Land Use Weekday A.M. Peak Hour WeekdayP.M. Peak Hour Daily In _ Out Total In Out Total (2-way) Mini-Warehouse 8 6 14 13 13 26 245 (98,000 sq.ft.) I ,I4\&1 I 1 PLANNING DEVELOPMENT INCORPORATED Development Consultants,Architects,Engineers,Planners and Landscape Architects MEMORANDUM SUBJECT: Conditional Use Application Fee Calculation DATE: September 19, 2016 Conditional Use Application Fee: $4,000.00 Fire Code Review Fee: $150.00 Comprehensive Planning Consistency Review: $300.00 Environmental Data Requirements (EIS): $2,500.00 Transportation Methodology Review Fee: $500.00 Transportation Minor Study Review Fee: $750.00 Estimated Legal Fee for Hearing Examiner: $1,150.00 6/30 Pre-Application Fee Credit - $500.00 CONDITIONAL USE APPLICATION FEE TOTAL $8,850.00 A CHECK MADE OUT TO: "COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS" Page 1 of 1 145 Central Avenue,Naples,Florida 34102 mfernandez@olanninadeveloomentinc.com Phone 239.263.6934 Fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No.8450 License No.LC0000378 Change Official Zoning Atlas Map#0629N and#0630 8. Legal Description: Lots 1 and 2, Block 1,Naples Manor Addition,according to the plat thereof,recorded in Plat Book 3, Pages 67-68,of the Public Records of Collier County, Florida. Rezoned from C-4,General Commercial Zoning District to C-4,General Commercial Zoning District subject to the following conditions (CEX-016-SN): a. Shared access shall be provided between the lots with one access point to U.S 41, and a deceleration lane,if possible,may be required, subject to the approvals of FDOT and the County Transportation Services Department. b. Principal structures shall be limited to three stories in height. c. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4,Alternative B,of the Land Development Code. d. Access onto Floridan Avenue is prohibited. Change Official Zoning Atlas Map#0629S 9. Legal Description: Lots 10, 11, and 12, Block 1,Naples Manor Annex, according to the plat thereof,recorded in Plat Book 1,Page 110 of the Public Records of Collier County, Florida. Rezoned from C-4,General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-032-SN): a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. b. Principal structures shall be limited to three stories in height. c. The subject property(all lots combined) shall only be served with one single access onto U.S. 41 East. d. Access onto Floridan Avenue is prohibited. Change Official Zoning Atlas Map#0629N (text taken from OR Book 053 Page 353 and OR Book 053 Page 354) INSTR 4712352 OR 4812 PG 1159 RECORDED 6/29/2012 2:11 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 DRAINAGE EASEMENT THIS EASEMENT, given on this day of -,_\,` Vit.... , 2012, from PLANNING DEVELOPMENT, INC., a Florida corporation, whose mailing address is 3560 Kraft Road, Suite 301, Naples, FL 34105 (hereinafter referred to as"Grantor"),to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as"Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural,as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a Perpetual, Non-Exclusive Drainage Easement over, under, upon and across the lands described in Exhibit"DE" (attache. I_• f ,A, -•e a part hereof)for the purpose of installing and maintaining and: . .y,,r. '• . 7f 'ika \) of sufficient size and capacity as to allow the historic sto ,111!"r''= flows through- en ditch that currently exists within the property describ i .•.• "DE." TO HAVE AND T HI It - f:,t:- *a to together with the right to enter upon said land ancj, •1 : e ;n %Ilnli. age', e(• 0 s yet been installed in the above-referenced open Ite�, • pla an. .-",,ex.. - -,materials for the purpose of installing and maintaining rground drainagip'( ,/cf/sufficient size and capacity as to not inhibit the histo rmwater flows" e open ditch that currently exists. The easement gran erein shall cons• .- .n easement running with the land and shall burden the land �. .-, -•" - -�L \.L' C1Z?�--" IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: PLANNING DEVELOPMENT, INC. a Florida corporation ►d. / / By: fitness(Signature) HAEL R. FERNANDEZ, President ta_N 1. AL6,,,,, Name(Print or Type) THIS CONVEYANCE ACCEPTED BY THE J'Atta�/L► CBS COUNTY.FLORIDA.F COUNTY TONERS, Witness(Sigrtatur�) FURSUANTTOAGENDA. ��"" DATED: (lt-) ITEM No. ',&1- i 1&te . F. •.E►ilet kie!CZ Name(Print or Type) This property has been acquired under threat of condemnation and Is exempt from documentary stamp tax. OR 4812 PG 1160 STATE OF FLORIDA COUNTY OF COLLIER The f egoing Drainage Easement was acknowledged before me this .`7 day of Joy)e , 2012, by Michael R. Fernandez, as President of Planning Develloo ment, Inc.,a Florida corporation,who: is personally known to me OR produced as proof of identity. (affix notarial seal) 0//r /%, _l_L_ (Signature Ct Public) ��/ �Oa NomryPude5lrnotFlo d j6ih/e Y) /' 7,k12'G� 1ca1h1een�Pecknam (Print Name of Notary Public) it.../ EMwceo:757V712E 170612 yi£R n.18.. Commission#(if any):11 17dg/z GOA' My Co -'on Expires: .S/S`c�0/b n IC ECUPv , ,._,, .., Last Revised: 10/15/10 *** OR 4812 PG 1161 *** EXHIBIT 1)tr Page_,, d LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) Beginning at the Northeast corner of Lot 1, Block One of Naples Manor Addition, according to the plat thereof, recorded in the public records of Collier County, Florida, in Plat Book 3, Pages 67 &68; thence South 50° 28'30"West a distance of 200 feet along the Northwesterly line of said Lot 1 to the Northwest corner thereof; thence North 39° 31'30" West a distance of 40 feet to the Southwest corner of Lot 12, Block One, Naples Manor Annex,according to the plat thereof, recorded in the public records of Collier County, Florida, in Plat Book 1, Page 110; thence North 50°28' 30"East a distance of 200 feet along the southeasterly line of said Lot 12, to the southeast corner thereof;thence South 39°31' 30"East, a distance of 40 feet to the Point of Beginning. j.R.COU Ari " R 'NNEX, P • •eE1 0, w n ;r • ING '• H= - •T z r T RE• `-ECS''•=•.• THE i } PUBLIC` C• • F Thk COLLIER C.', ARIDA• w o OF ;� c cs ›- 3 J LL • 200' Q � g i LOT 1, NAPLES MANOR ADDITION, ! w PLAT BOOK 3,PAGES 67&68, ! Z ACCORDING TO THE PLAT ! > THEREOF RECORDED IN THE j a PUBLIC RECORDS OF i Q COLLIER COUNTY,FLORIDA I � O LL ! r+ .41/7 . N SKETCH NOT TO SCALE Collier County Growth Management Division-Transportation Engineering Department 05/25/121055 AM INSTR 4712350 OR 4812 PG 1154 RECORDED 6/29/2012 2:11 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 PROJECT: 51101 LASIP US41 Ditch PARCEL No(s): 167DE North and 167DE South FOLIO No(s): 162150360007,62150400006,62090040005 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this -o day of ..,)Vvl e. , 2012, by PLANNING DEVELOPMENT, INC., a Florida corporation, whose mailing address is 3560 Kraft Road, Suite 301, Naples, FL 34105, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural,as the context requires.) WITNESSETH: Grantor, for and in consider ' -p Ti a LARS ($10.00) and other valuable consideration paid by the Gr •, t. sufficiency of which is hereby acknowledged, hereby con grants, bargain $nd, sells unto the Grantee, a Perpetual, Non-Exclusive 'al ge Fasrment to ente ,updn and to install and maintain drainage structures and f cili es) In•-bjt •t limitled`to ditches, swales, earthen berms, rip-rap and retai ing/ , -„ :-•'ss ..--,; • pipes, and various types of ,..� water control structures v, , n•�:r,'ii o l• . e following described lands located in Collier County,FII'd. attached Exhibikitef .h orated herein Subject to easemer ( ervations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining drainage facilities thereon. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: PLANNING DEVELOPMENT, INC. A Florida co o ation rg WAWA # ' / By: ?"' �p2 7;e4- ..•Z-.--._ (Si nature) ( • 46tAaga MEL R. FERNANDEZ, President tTHIS CONVEYANCE ACCEPTED BY THE� ��ee� / BOARD OF COUNTY COMMISSIONERS (P int Name) COLLIER COUNTY;FLORIDA. PURSUANTTOA(E r/ //2 DATED: .ilrhz " EIMO I LAY (Signature) lig(/L 4 F o-rru.n ott.Z. (Print Name) This property has been acquired under threat and exempt x� OR 4812 PG 1155 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Drainage Easement was acknowledged before me this ,"qday of C\rtu ne , 2012, by Michael R. Fernandez, President of Planning Development, Inc.,a Florida corporation,who: is personally known to me OR produced as proof of identity. (affix notarial seal) (�I 1 �a, Signature of Notary Public) Kyvp „m ift (int Name of Notary Public) 1/47 M7 cw iau M EE 1706 12 J ti E yv..ososn0le \ !- .mission#(if any):2 ' /70f/Z- 1/43O My Corn ..sio Expires: SAAN& c7ICIC 0 vF" 04,711E C1 C' Appr v d as to fbrm and I I sufficiency Jeff E,/right,Assistant County Attorney Last Revised: 10/15/10 *** OR 4812 PG 1156 *** r� N / \ \ EXHIBIT A , W L_ E \ \ \ Pege......—LOL .. LOT 10 <1 S 6250320005 Gj PR� 5 0 40 BO \ fill 1'.BD' G li,4 9(1. d,`P . \ .Ait"05 ` #4- LOT 11 \\\ QTY f 0`,c�{ PARCEL NO. �E q. Da 62150360007 \ ��0� /\ \ \l'i. \ ,,;\\��p 62150 00006 �L NO. �ee \ BLOCK ONE `1 \ ,%••'• • NAPLES MANOR °c \ ` ,� \ ANNEX e.� �!�' �`` \?9 P.B. 1 PG. 110 ..,.•Y • `ppGG44. �G•.s° o \ \ • J ), 167DE �� \$ ..0 e• �� \ �,P�k, ?�9� (NORTH) .�♦ a° 9 e 4,% ,�0 \ LOTS 1, 2 AND'THE A�— CCA--,7.w NE NORTHERLY 48.5' \ \ O�A-p � ••5) 0� \�� 1� •R OF LOT 3 rr ADI .+ PARCEL N0. \ �A•\ V ♦�� P.B. 3 62090040005 , O J Intim, \ r. �✓ f L� `` 5 �� ED1' LEGEND �'�� G�'EYY`QG R/W = RIGHT–OF–WAY 4 167DE >+� c.+���0,y' ��o0 O.R. = OFFICIAL RECORDS BOOK I. 0 PG. = PAGE i y (SOUTH), E9a , Ae. P.B. = PLAT BOOK 'f ``'i V'4 A.K.A. = ALSO KNOWN ASF NO. = NUMBER {•,bg_ •S • pS..R..�= STATE ROAD I//1 = DRAINAGE EASEMENT (DE) C I�° � LOT 4 AND THE r u s? •� , SOUTHERLYOFLOT 67.75'' S \ PARCEL NO. LEGAL DESCRIPTION \ \ \ 62090120006 PARCEL 1670E • \ \ A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA. • 167DE (NORTH): THE WESTERLY 5.00 FEET OF LOT 11 AND THE WESTERLY 5.00 FEET OF THE NORTHERLY 68.00 FEET OF LOT 12, TOGETHER WITH THE WESTERLY 11.00 FEET OF THE SOUTHERLY 37.00 FEET OF LOT 12, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR ANNEX, RECORDED IN PLAT BOOK 1, PAGE 110. OF THE PUBLIC RECORDS OF COLUER COUNTY. FLORIDA. CONTAINING 1272.0 SQUARE FEET MORE OR LESS. TOGETHER WITH 167DE (SOUTH): THE WESTERLY 11.00 FEET OF LOTS 1 AND 2 AND THE WESTERLY 11.00 FEET OF THE NORTHERLY 48.5 FEET OF LOT 3, BLOCK ONE, AS SHOWN ON THE PUT OF NAPLES MANOR ADDITION, RECORDED IN PLAT BOOK 3. PAGE 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3091.0 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM-ROW FEB _q 2011 )(614/0-,'/' ytt9/7.11MICHAEL A. WARD PROFESSIONAL SURVEYOR AND MAPPER LS# 5301 TE SIGNED NOT VALID wITHOUT THE ORIGINAL SIGNATURE &RAISED EuBOSSED SEAL CE A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY Awry V.Alt 11:17 AN WTf.wl000820 OS 4,0 r.w rw ANN W N-A0 PISA barge ANPA.f.A fMf.IN lqr Or.Y.r/.f...rlA lr AN 00.100110.4,31 IN II111NOF.r. PROJECT: LASIP – NAPLES MANOR DITCH NALINc' SKETCH AND LEGAL DESCRIPTION o awBam.+v PARCEL 167DE (DRAINAGE EASEMENT) e .Pat0m9. ..8. 2ee �� el9Twb PREPARED FOR: COLLIER COUNTY a.:am 1R7 415 F 1 Mem: 574678 LBNe:1952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 990220.02.00 0 29 50S 26E 1- = 80' 1/24/11 R.A.K. 167DE 1 OF 1 o,d„ FLORIDA DEPARTMENT OF STA 1'E David E.Mann Secretary of State DIVISION OF HISTORICAL RESOURCES . Ms.Kelly Foote December 7,2005 Planning Development Incorporated 5133 Castello Drive, Suite 2 Naples, Florida 34103 RE: DHR Project File Number: 2005-11835 Received by DHR November 14,2005 , PL 2016 000 3180 East Naples Self Storaae (CU) Historical Archeological Resources , 11201 Tamiami Trail East Exhibit Collier County Dear Ms. Foote: In accordance with the procedures contained in the applicable local ordinance or land development code, we reviewed the referenced project for possible impact to cultural resources(any prehistoric or historic district,site,building, structure,or object)listed,or eligible for listing, in the National Register of Historic Places,or otherwise of historical,archaeological,or architectural value. We have reviewed the Florida Master Site File and our records and no cultural resources are known to exist in the area of potential effect. Therefore,based on the information provided,it is the opinion of the office that no cultural resources will be affected by this undertaking. For future submittals,please be sure that the cover letter indicates the correct Section-Township-Range number and include a USGS map with the site plotted. If you have any questions concerning our comments,please contact Scott Edwards,Historic Preservationist,by electronic mail sedwards ados.statefl.us,or at 850-245-6333 or 800-847-7278. Sincerely, Frederick P.Gaske,Director, and State Historic Preservation Officer 500 S.Bronough Street • Tallahassee,FL 32399-0250 • http://www.flheritage.com — 0 Director's Office 0 Archaeological Research ®Historic Preservation 0 Historical Museums (850)245-6300•FAX:245-6436 (850)245-6444•FAX:245-6436 (850)245-6333•FAX:245-6437 (850)245-6400•FAX:245-6433 0 Southeast Regional Office 0 Northeast Regional Office 0 Central Florida Regional Office (954)467-4990•FAX:467-4991 (904)825-5045•FAX:825-5044 (813)272-3843•FAX:272-2340 It • . ... i RNG 26 I RNG 27 li 4 N( 17 1� 116 "' L s, on. 13 18 il 17 t►7naarare-: aen• g \19 20 21 22 I¢ /` ' 4 .. mu@ 24 19 20 i 30 29 28 27 28 2S 30 29 _, 0 -,4 ": 31 32 -,33 34 35 38 31 32 • TWP 50 TWP 51 s' ( 5 ilk— 411111116.114. .,. III 2 1 6 5 :,;:. 4.-/- ------- ' :.1. ,.. 10 12 7 AI 8 „:„ , . x � 18 .1- Got:,94 a 17 F1 19 T IIIP23 24 19,,,,. 20 I —......- 30 11111111" 29 r '�'° ,�, t..m.eo.t PEGIaALT MATTED ROM a .. _INDICATES wa a HSTCRICALAICHAECLOOICAL rtoa eun BELLE HEADE GLE */IMAMS karow,c Oar TO AREAS OF HISTO AL/ARCHAEOLOGICAL PROBABILITY -- •MCA=NOVIDXoaD�AM(tar 10SCML) J""-Ip NaaaE karate amam 1O 11 I USGS BELLE MEADE: DATA SHEET General Description: This quadrangle is located within the Marine and Flatwoods environmental zones. It includes mangroves and saltwater marsh along the coast in the southwest sector of the map, better drained sandy soils near US 41, and broad expanses of pine/palmetto flatwoods and freshwater marshes to the east.US 41/SR 90 runs northwest-southeast from East Naples through the center of the quadrangle, and SR 951 runs north-south (to Key Marco). Henderson Creek, draining in a southwesterly direction, crosses the community of Belle Meade and empties into Rookery Bay. Another natural feature, "Rattlesnake Hammock," lies in the northwest quadrant; it may be the remnant of a once-extensive hammock. Development, in the form of residential suburbs and ditched agricultural fields, is rapidly extending outward from both US 41 and SR 951. ) ) Previous Work: Seven archaeological/historical surveys have been conducted within this ) quadrangle. Four were linear surveys,and include three which focused along US 41/SR 90(#564 -Morrell and Browning1978,#3465 -Almy,Deming, and Schwartz 1993,and#4575-Browning and Wiedenfeld 1986);the other was a proposed pipeline(#257-Martinez and Wells 1977). No .) sites were recorded as a result of these surveys. A 1996 survey of the Whistler's Cove tract ) (#4535 Almy 1996b) revealed no new sites and concluded that previously recorded 8CR711 was not a site. "It [was] merely a shell scatter associated with a spoil bank resulting from the construction of a ditch." Several other parcels within this quad surveyed during the Phase I survey of the County (#2934 - AHC 1991) recorded five sites. Finally, the archaeological inventory of the Rookery Bay C.A.R.L. survey(#3904-Weisman and Newman 1995)resulted in , the recording of four sites in 1995. Previously Recorded/Reported Sites: A total of 17 cultural resources have been recorded;these ) include 13 prehistoric sites, three historic sites, and one cemetery. The prehistoric archaeological ) sites include six black dirt middens, four shell middens,two shell scatters, and one burial mound. These have been plotted on the Probability Maps. } Discussion/Recommendations: The predictive model identified much of the southwest quarter of the map as a probability zone. This area, which borders Rookery Bay, Johnson Bay and Henderson Creek (south of US 41), is shaded on the Probability Map. Other potential site locations (probability zones) identified by the predictive model are delimited to the north. These shaded areas are, for the most part, hammocks adjacent to freshwater sources such as sloughs, ponds, and marshes. The specific locations correspond to discrete areas of rapidly drained hammock soils known to be frequently associated with prehistoric sites. Thus,all shaded areas are recommended for professional archaeological survey. In addition, the Rattlesnake Hammock area is also believed to have the potential for historic period archaeological resources. According to historian Charlton Tebeau, in March 1837 the US Army established"Old"Fort Foster on Rattlesnake Hammock. "This was an oval shaped stockade with a small creek flowing through one edge. It stood on an old Indian trail from the head of Henderson Creek northward to Bonita Springs and Fort Myers" (Tebeau 1957:39). Old Fort Foster is an as yet undocumented site which is believed to have the potential to yield information of significance to local and regional history, specifically relating to the Seminole War period. Systematic professional archaeological survey in the Rattlesnake Hammock area is recommended, if in order to locate and assess the probable site of Old Fort Foster. Finally, all previously recorded archaeological sites are recommended for relocation and evaluation of their significance by means of professional archaeological survey. USGS BELLE MEADE: SITE INVENTORY SHEET Site No. Site Name T s Comments CR00371 White River 1 A CR00556 Hunting Camp Hammock A CR00557 Palmetto Cluster C CR00710 Proque Pig A CR00711 Maybeea G CR00714 Shell Island 1 B CR00715 Shell Island 2 B CR00716 Hall Bay Cabin 7 CR00717 Bolger Place(Henderson Creek Cabin) 7 CR00718 Oncewasa A CR00719 Golf Ball A CR00726 Buschelman A CR00728 Kirkland Place G CR00778 Ernie Carroll B CR00782 Hall Bay#2 7 CR00784 Shell Island B CR00754 Kirkland Cemetery 8 } AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance littiA14 /0/1•61e,00-'"----Th • (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 27th daof October,k 2016 by Theresa Fernandez, Managing Member of 1080 Central, LLC , ho is ersonally nown to me or who has produced as identification. .1-)-41_a_ ---1:0_,.ea. (Signature of Notary Pubic) Alma Topollaj (Notary Seal) Printed Name of Notary 4AMATOPlI 1 14: ,,. :rs MY COMMISSION I FFF 905874 - -,. = EXPIRES:August 3,2019 Bonded Tim;Malay PudicUndenniters i G.\NIM PmcedurestAtridavit Of Compliance-NIM Oct2010.Doc PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architecture October 27, 2016 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of C-4 General Commercial Zoning District Conditional Use No. 24 Self-Storage for the following described property: 11201 Tamiami Trail East, Naples, Fl 34113; located between US 41 East and Floridan, in the vicinity of Sholtz and Carlton Streets on approximately 2.4 acres. The subject property is zoned C-4 commercial which supports a wide variety of commercial intensity, inclusive of retail, restaurant and office uses. The proposed use is limited to a self storage facility, is a less intensive use, and requires a Conditional Use Approval. This process reviews for appropriateness of the proposed use and general compatibility. The public access to the site is restricted to US 41 E; access to/from Floridan Ave is prohibited. The building is limited to internal site access for storage and is a very passive land use as evidenced by the building's limited need for — access and parking - only 8 parking spaces are required. The building's proposed floor area is limited to a maximum of 92,000 square feet. The proposed site plan provides extensive buffering and landscaping to the building. The maximum height of the building, as defined by the Collier County Land Development Code, will be limited to less than 35 ft, with associated frontage setbacks of 25 feet/30 feet average, the same or more restrictive than building height and setbacks of the residential zoning in the vicinity. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become familiar with the specifics of the proposed development. The Neighborhood Information Meeting will be held on November 14, 2016 at 5:30 pm. The meeting will be held at the East Naples Branch Library, located at 8787 Tamiami Trail East, Naples, FL, 34113. At this meeting the petitioner will have site plan and architectural exhibits of the proposed development. Should you have questions prior to the meeting, please contact our office at (239) 263-6934. Sincerely, PLANNING DEVELOPMENT INCORPORATED 711e--Aie,e f-aAit didej Michael R. Fernandez, RA AICP President 145 Central Avenue, Naples, Florida 34102 mfernandez@planninadeveloomentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 O t N .Wi m W `a 0 8p N �D O mmr 00ICIin C .-I N .-IINIto ti N'iSi N CO r11Nlmlml.I oIMl'" NININIOICO en e-i NI •O'CO.CO CO O N"N'00IC IaaI- a T N N 1NI N N N N N 1 N N 'AlN .y N N� N .i .i N - 1 2 m. a .++ O -, 0 00 O N M N V CO M 0 m CO M •CO m V m m.M C O NNWNLOWV V en.. NI CI aI- - m10IO'I e n 0 m 0 CO U, O W W W CICO CO W WW W 0'W b W CO W W CO W WW'W O I : j !N CO CO NN N NIN N N N N N N NiN N N NIN N N N N N N N NIN N N N NINiN N N N NIN N N� .19...I°'° _ I_. I 1 W W'W �, N N N NIN p Qip ! 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ID First Name Last Name Organizatio Address District ID: ,i n Title: Mr. 0001 hien Amor 37 Jan Malat Sunset Wa 3 . ; First Name: Ted Rotary Club y 1 Last Name: Beisler Save the Bays Position: President 44 MarilynTempest Association. 2775 Leeward Lane 4 Organization: East Naples Civic Association,Inc. Inc. Street Address: Area Agency 4784 Inverness Club Drive 45 Leigh Wade- on Aging for 2285 First Street 0 Unit or Suite: Schield Southwest i City: Naples Florida,Inc. Zip: 34112 46 Marci Sanders SAWCC,Inc. P.O.Box 10102 4 Phone No.: 239-732.6700 x12 The Conservancy Fax No.: 239-732.6402 50 Geva L. Salerno of 1450 Menihue Drive 4 Email: Southwest _ Florida 1 District: 1 The ' Organization Civic 51 Alejandro Castillo Salvation 3180 Estey Avenue 4 Type Army Collier 57 James H. Elson County 680 8th Ave.S. 4 Veteran's Council r East Naples Civic 4784 Inverness Club i 59 Ted Beisler 1 i j Association, Drive y Inc. Isles of Capri 67 Kirk P. Colvin Civic 338 Capri Blvd. 1 Association Kiwanis Club 200 Copperfield 74 Chuck Hall Of Marco 1 Island Court ► Open Civic Associations Listing Editor (Login Required) http://www.colliergov.net/your-government/divisions-a-e/board-of-county-commissioners/civic-associations 1/1 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood information meeting held by 1080 Central LLC,represented by Michael R. Fernandez, RA AICP of Planning Development Incorporated,on: Date:Monday,November 14,2016 at 6:30 p.m. East Naples Branch Library 8787 Tamiami Trail East Naples,FL,34113 The site is located between US 41 East and Floridan Avenue,in the vicinity of Sholtz and Carlton Streets on approximately 2.4 acres.The subject property is zoned G-4 commercial which supports a wide variety of commercial intensity, inclusive of retail, restaurant and office uses. The proposed use is limited to a self storage facility, is a less intensive use, and requires a Conditional Use Approval. This process reviews for appropriateness of the proposed use and general compatibility. Site Location Map RAT%5$J A E NA/A400(Ro MI111111111 / MIAMI1II '1I11 • IR III •••iu 9L MMR aYY}t el") "4. The public access to the site is restricted to US 41.The building is limited to internal site access for storage and is a very passive land use as evidenced by the building's limited need for access and parking- only 8 parking spaces are required. The building's proposed floor area is limited to a maximum of 92,000 square feet. The proposed site plan provides extensive buffering and landscaping to the buildng. The maximum height of the building, as defined by the Collier County Laid Development Code,will be limited to less than 35 ft, with associated frontage setbacks of 25 feet/30 feet average, the same or more restrictive than buiding height and setbacks of the residential zoning in the vicinity. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the Conditional Use petition and associated plans with the owner/developer representatives and Collier County staff. If you are unable to attend this meeting, but have questions or comments,they can be directed by mail,phone,fax or email by December 14,2016 to: Daniel Smith AICP,Principal Planner Collier County Department of Land Development Services 2800 North Horseshoe Drive,Naples, Florida 34104/Fax:(239)252-6358 DanielSmithficolliergov.net;Phone No.(239)252-4312 OCTOBER,21.2016 NO.1319427 Thursday, 10/27/2016 Pag.Al2 (c)Naples Daily News n g � 0 � CI 0 at G U � C O O U z O CC L w w _ ta- a CL- a a N y 7 y8 v V O in ci,) C w E7, a l0 Z wwp ; o64 C w + + + o` < o .2' om 8 S o $zoC o ` ww2aa ox f- o a CL 0 44 C7Ww,U N y E os. n Zocsa. 0ob -o c` 0 cv v •� Ax�� N." m a w = A a� x vro ° ° . o 2.6 on oa ° ' v ag O Kv w` w L- v o �V 0 'wa it N 'v N a 0 < 5 cu 6 Ch !th en vi �' o c A I El a a w° �¢ 0 d co)ai 04 rn �o` x 5 W. z 8 N M v ii — nn B < O ll 1` M N M Z K M 01et cc 111 Z cn W N C n n ao K O V1 O ^ 4 W ,„0, Z n p .-. cc 1.m m W Nn QN 1 Ow d O m cJ[ I t=- e¢t `bat' U' Q rriw Q ) , Q o m Z Y¢ QOM a6 m m a 2 Z m x a �2`.� t72 � ^?. 0=� Zpo Z W.-. 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OOQ m uai ry %m =g aro �rZS > UN Gan W n N�.n 0 Z u m a -,- 48 °3p°�°�• ~ Z N ZOO W n U .m-. g W^'� 0 2 0 a V O H V1 p .. ay.,"o Z f Q W�y 00u -,p ggB z�Wd w¢ J5e lJ= 0= A. aE 3 m W a p� a u J 04 _, Q N u- 2_ uJ u • V N W D.W 7 m > _8'W Ua R W z d W N E ziE z ^a or, r N N ,,a > N a 3 9,,,, ..-. m ➢ 1-4 2 N n 2 N T C ~2 2 cri T Z O ra N a.2 g N ntiii a Toat 0 2 co cc a e e mcn Z...ao r 3 N r n a w 00 ,-.. zaNpZ.-, pG0 OQti __". a ,-+ a _ Zam Od cen �M.� a...`i" Z>m p .ai. D , aggSLL Z.,LL �s, gz 2LL LL p rn a N N W Q Q r,... .0 O N W 0 N W la F• r W Z ^a U Vii a a ^a Na o<ga < Z 2 N Z Z 2 W v Z 3 EAST NAPLES SELF STORAGE CONDITIONAL USE (CU) Project Number: PL2016 0001380 Neighborhood Information Meeting held at the East Naples Public Library Monday, November 14, 2016/ 5:30 pm MEETING SUMMARY NOTES Attendees: COLLIER COUNTY: Daniel Smith, AICP, Planner, Collier County Growth Management Division PROPERTY OWNER REPRESENTATIVES: Michael R. Fernandez, RA AICP, President, Planning Development Incorporated Terri Fernandez,Vice President, Planning Development Incorporated PROJECT CONSULTANTS: Brian Sperber, Associate Architect, MHK Architects and Planners ATTENDANCE: Two (2)family residents; Address: 5288 Floridan Avenue The Neighborhood Information Meeting began at 5:30 p.m. and ended at approximately 5:45 p.m. Mr. Michael Fernandez opened the meeting by introducing himself, Dan Smith, County Planner, and Brian Sperber,Associate Architect with MHK Architecture,the project's architect. Mr. Fernandez explained the County's requirement for the NIM meeting and its process. He then gave an overall description of what is proposed as a 3-story, internal access to storage only project, its location and some of the attributes; which included building height, no exterior overhead doors, passive use that only requires 8 parking spaces and 5 loading spaces, landscaping, buffers, water management and preserve areas. The rear Type B Buffer was also explained in detail as to the required size and spread of the hedge and trees. It was also noted that there is no rear access to the project;except for emergency vehicles only. The two neighborhood guests at the meeting listed the same address at 5288 Floridan Avenue, across the street from the project. They were glad to see that the property would be developed with a project that would be removing opportunities for homeless (expressed as an ongoing cause for concern) and replacing the existing ditch with an underground pipe for drainage. Mr. Sperber briefly discussed the architectural design standards and summarized some of the architectural features, color scheme, and glazing details of the project; similar in design theme to the recently completed Hyatt House Hotel and ongoing construction of Naples Square, both of which were designed by MHK Architecture. The meeting was opened for questions from the guests and Mr. Fernandez elaborated a few of the earlier points. Mr. Sperber reviewed the renderings with those attending and they commented that the project looked nice and there were no objections or negative comments. The meeting ended at approximately 5:45 pm by Mr. Michael Fernandez. End of Meeting Notes Document Prepared By: Page 1 of 1 Planning Development Incorporated 145 Central Avenue,Naples,Florida 34102 T:239-263-6934 F:239-263-6981 us PLANNING DEVELOPMENT INCORPORATED Development Consultants,Architects, Engineers, Planners and Landscape Architecture November 15, 2016 Mr. Daniel J. Smith, AICP Principal Planner Collier County Growth Management Division via email to dansmith@icolliergov.net RE: Conditional Use PL2016 000 1380 East Naples Self Storage (CU) Neighborhood Information Meeting - NIM MEMORANDUM Dear Mr. Smith: For the project file, please allow this memorandum as an update on the NIM property owner notification mailing. We received two envelopes back in the mail from the USPS as"not deliverable" and "unable to forward"; mailing labels supplied by Collier County were utilized. We also received one phone call inquiry from a property owner on Martin Street. He asked about the project and the date of the meeting. Although he said he would attend, he was not at the NIM. His name is: Anastacio Sanchez 5225 Martin Street 239-465-7963 Finally, it is our understanding that as of yesterday's NIM, you had received no inquiries in response to the notices. Thank you. Upon your receipt and review, should you have any questions, please do not hesitate to contact our office at (239) 263-6934. Sincerely, PLANNING DEVELOPMENT INCORPORATED 771.42444, o Terri Fernandez Vice President ,0 .. Page 1 of 1 145 Central Avenue, Naples, Florida 34102 mfernandez©olanningdeveloomentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 SIGN POSTING INSTRUCTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost. or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED Michael R. Fernandez WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL 2016 000 1380 . PeG.'2=-r ��•...... 145 Central Avenue SI NATURE OF APPLICANT OR AGENT ,, STREET OR P.O.BOX Michael R. Fernandez, Member Naples, FL 34102 NAME(TYPED OR PRINTED) CITY,STATE ZIP # 1080 Central, LLC STATE OF FLORIDA COUNTY OF COLLIER `� �h The for ing instrument� was sworn to and subscribed before me this 9 day of January , 20 17, by "t """ M r"AL✓n^ iu. personally known to me or who produced as identification and who did/did not take an oath. ,41L.4.4114111 - . 4d""11`w"�' THERESA F.FERNANDEZ Sig ature of Nota Public 1 :1404¢: Notary Public-State of Florida l 1 ei Commission N GG 002523 1 ‹)Itifl4At / —✓•/I` et,e;c7�Cdr My Comm.Expires Jun 20.2020 0 Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev 3/4/2015 ! � i f' O Y it N t . } l _ f TT� ,,e:'..-;'' Q -,, _ c w % a - ' Z U7 ' N if w (0 T * ` ' y a Z .� O (0 O t _ _ _ N Z N - 1 Q 4 I - r / CD - .y, c CIS CV �, r : =k.,..„ . 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